98-121 Resolution No. 98-121
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO AGREEMENT
FOR ENGINEERING SERVICES WITH BLACK & VEATCH L.L.P.
FOR THE AIRLITE WATER TREATMENT PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute Amendment No. 4 to Agreement for Engineering Services
on behalf of the City of Elgin with Black & Veatch L.L.P. for
the Airlite Water Treatment Plant improvements, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 27, 1998
Adopted: May 27, 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
AMENDMENT NO. 4
TO
AGREEMENT FOR ENGINEERING SERVICES
This fourth contract amendment is hereby made and entered into this 'tday of
.J UN C, 1998, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Black and Veatch LLP (hereinafter referred to
as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement, dated
August 1, 1995 (hereinafter referred to as "AGREEMENT"), a copy of which is
attached hereto and made a part hereof as Attachment "A" by which CITY has
engaged ENGINEER to perform certain engineering services related to the evaluation
and design of upgrades and expansion of City's water treatment facilities; and
WHEREAS, the parties hereto have previously entered into agreements to amend and
modify AGREEMENT, dated May 10, 1996; October 29, 1996; and January 23, 1997,
copies of which are attached hereto and made a part hereof as Attachment "B"; and
WHEREAS, the parties hereto have each determined it to be in their best interests to
further amend and modify AGREEMENT pursuant to the terms and provisions of this
fourth contract modification agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby
agree to amend AGREEMENT, as previously amended, as follows:
SECTION I - SCOPE OF SERVICES
In accordance with Paragraph I-D of the AGREEMENT, the following Services are
hereby authorized:
CONSTRUCTION PHASE SERVICES
The ENGINEER will perform construction phase services for Airlite Water Treatment
Plant Improvements - Section I. Construction phase services will include project
administration and control system configuration.
05/08/98 1
Elgin Cont.
PROJECT ADMINISTRATION
The ENGINEER will perform project administration services during the con-
struction phases of Airlite Water Treatment Plant Improvements - Section I.
By performing these services, the ENGINEER shall not have authority or
responsibility to supervise, direct, or control the Contractor's work or the
Contractor's means, methods, techniques, sequences or procedures of
construction. The ENGINEER shall not have authority or responsibility for
safety precautions and programs incident to the Contractor's work or for any
failure of the Contractor to comply with laws, regulations, rules, ordinances,
codes or orders applicable to the Contractor furnishing and performing the work.
Services to be performed by the ENGINEER are as follows:
1. Receive copies of the Contractor's insurance certificates and forward the
certificates to the CITY for acceptance by the CITY's legal counsel.
ENGINEER's review of the insurance certificates is only for the purpose
of determining if the Contractor maintains the general types and amounts
of insurance required by the contract documents, and is not a legal review
to determine if the Contractor's insurance coverage complies with all
applicable requirements.
2. The CITY's current general services contract for testing laboratory services
will be reviewed to identify any additional testing or services required for
the project that are not specifically identified in the CITY's current
contract. The CITY will be solely responsible for obtaining independent
testing services for the project.
3. At a date and time selected by the CITY and at facilities provided by the
CITY, conduct preconstruction conference. The ENGINEER shall prepare
an agenda for the conference and prepare and distribute minutes. The
preconstruction conference will include a discussion of the Contractor's
schedules and scheduling requirements, procedures for transmittal and
review of the Contractor's submittals, processing payment applications,
critical work sequencing, change orders, record documents, and the
Contractor's responsibilities for safety and first aid.
4. Conduct an initial meeting with the CITY and Contractor to establish the
initial schedule and schedule submittal requirements.
5. Review and comment on the Contractor's initial construction schedule and
advise the CITY as to acceptability. The Contractor will be solely
responsible for establishing, monitoring, and providing input for revising
the construction schedule including construction means, methods,
05/08/98 2
Elgin Cont.
techniques, site safety, sequences and procedures used in the construction
of the project.
6. Analyze the Contractor's construction schedule, activity sequence, and
construction procedures as applicable to the CITY's ability to keep existing
facilities in operation.
7. Review the Contractor's initial and updated schedule of estimated monthly
payments and advise the CITY as to acceptability.
8. Make periodic visits to the construction site to observe progress of the
work and consult with the CITY and Contractor concerning problems
and/or progress of the work. It is anticipated that monthly site visits will
be scheduled.
9. Review drawings and other data submitted by the Contractor as required
by the construction contract documents. The ENGINEER's review shall
be for general conformity to the construction contract drawings and
specifications for the Contract and shall not relieve the Contractor of any
of his contractual responsibilities. Such reviews shall not extend to
means, methods, techniques, sequences, or procedures of construction or to
safety precautions and programs incident thereto.
10. Receive and review guarantees, bonds, and certificates of inspection, tests,
and approvals which are to be assembled by the Contractor in accordance
with the construction contract documents, and transmit them to the CITY.
11. Interpret construction contract drawings when requested by the CITY or
Contractor. If authorized by the CITY and Contractor, the ENGINEER
may interpret construction contract drawings and specifications upon
request by subcontractors and suppliers.
12. Review and process the Contractor's monthly payment requests, and
forward to the CITY for processing. The ENGINEER's review shall be
for the purpose of making a full independent mathematical check of the
Contractor's payment request. The CITY will assist the ENGINEER in
verifying the quantities of work which are the basis of the payment
request.
13. Provide documentation and administer the processing of change orders,
including applications for extensions of construction time. Items involving
any delays to the project will be documented. Evaluate the cost and
scheduling aspects of all change orders and, where necessary, negotiate
with the Contractor to obtain a fair price for the work. Said negotiation
shall be subject to the approval of the CITY.
05/08/98 3
Elgin Cont.
Work related to unusually complex or unusually numerous claims is
covered under supplemental services.
14. Upon completion of the project, revise the construction contract drawings
to conform to the construction records. Submit one copy of each mylar
reproducible and one set of blue-line prints to the CITY.
15. Act as initial negotiator on all claims of the CITY and the Contractor
relating to the acceptability of the work or the interpretation of the
requirements of the construction contract documents pertaining to the
execution and progress of the work.
16. Analyze data from performance testing of equipment by the Contractor or
supplier(s) when the construction contract documents require the
equipment to be tested after installation. Submit conclusions to the CITY.
17. Upon substantial completion, inspect the construction work and prepare a
tentative listing of those items to be completed or corrected before final
completion of contract. Submit results of the inspection to the CITY and
Contractor.
18. Upon completion or correction of the items of work on the tentative list,
conduct final inspection to determine if the work is completed. Provide
written recommendations concerning final payment to the CITY, including
a list of items, if any, to be completed prior to the making of such
payment.
19. Collect and organize 5 sets of operations and maintenance data provided
by Contractor. Each set will be placed in separate binders and provided
with a table of contents, and submitted to CITY.
20. Receive and review the consent of surety to final payment furnished by
the Contractor.
CONTROL SYSTEM SOFTWARE CONFIGURATION SERVICES
The ENGINEER will provide control system software configuration and appli-
cation services for Airlite Water Treatment Plant Improvements - Section I, and
its associated remote distribution sites, including programming specific
application information into the plant control systems so basic tools provided by
the control system vendor can be applied to real tasks.
The configuration services will include entry of database information in the
control system vendor's standard database format; development and programming
of graphic screens which display real-time equipment status and process values;
programming of control algorithms in the PLCs to implement equipment control;
05/08/98 4
Elgin Cont.
and programming of reports summarizing information in the real-time and
historical database in formats directed by the CITY.
All configuration services work will utilize the vendor's standard software
package, as modified by the vendor to meet the contract requirements. The
system vendor shall be responsible for writing program code or modifying the
vendor's software to provide enhancements or proper operation of basic system
functions.
Configuration service will be performed as indicated below for the Airlite Water
Treatment Plant and its associated remote sites under Section I as indicated on
the contract documents.
• Database development and entry for digital and analog input and output
points.
• Programming control algorithms for existing plant process equipment and
new plant process equipment installed under the water supply and
treatment plant contracts.
• Graphic screen development for plant process monitoring and control.
With CITY participation, the ENGINEER will determine the displays
necessary for plant monitoring and control. In addition to these displays,
additional displays of the CITY's choosing will be developed.
• Tabular report formats will be developed for up to 20 different reports.
Database, control algorithm, graphic screen, and report information will be
initially developed, entered into the system and revised as necessary only:
• once after CITY review, to resolve any CITY comments,
• once prior to field acceptance testing, to correct any omissions or
deficiencies revealed during startup, and
• once after final acceptance, to correct any omission or deficiencies
revealed during acceptance testing.
The ENGINEER will correct omissions and deficiencies described above only
for configuration work performed by the ENGINEER as defined herein. Any re-
entry of information or duplication of services made necessary by the failure of
contractor-supplied hardware or software will be performed at the contractor's
expense as a supplemental service.
05/08/98 5
Elgin Cont.
Configuration services will consist of the following tasks:
1. ENGINEER will meet with the CITY's staff to review the general
sequence of events and approach to the control system configuration.
2. System standards and conventions previously developed for the Riverside
WTP will be used to ensure consistency throughout the configuration
process, and to allow the CITY to maintain consistency in presentation
after final acceptance.
3. Using the vendor's specific format, develop preliminary configuration plan
consisting of written tables, lists, and figures for all information that will
be entered into the control system. This information will include:
a. Information required for the system database for each input and
output.
b. An annotated list of graphic and tabular displays to be programmed
for depicting system facilities and process information.
c. Formats for operational, management, and regulatory reports
required by the CITY. CITY will provide a list of required reports
to complete this task.
d. Descriptions of control algorithms that are required to implement the
control strategies for the plant process equipment.
4. After development of the preliminary configuration plan, information will
be submitted to the CITY for review. Meet with the CITY to review the
information and the progress of the configuration process.
5. After modifying the preliminary documentation in response to the CITY's
comments, enter the configuration data into the vendor's control system
using hardware previously provided to the ENGINEER by the Contractor.
6. As part of the configuration process, ENGINEER will provide training of
CITY's personnel identified as responsible for continuing system software
maintenance. The training process will familiarize the CITY's designated
personnel with the configuration work that has been completed,
configuration standards and conventions, and to promote self-sufficiency.
Training for up to five CITY personnel is anticipated.
7. The ENGINEER will be present during the Contractor's initial system
startup and checkout. At this time, ENGINEER will exercise equipment
controlled by the system, verify proper operation of work performed by
05/08/98 6
Elgin Cont.
ENGINEER, and provide modifications to work done by ENGINEER as
needed to confirm operation of the system as intended.
The CITY shall furnish qualified personnel to assist in system checkout.
CITY personnel shall have authority and qualifications necessary to place
equipment in and out of service, disconnect equipment as necessary to
allow off-line testing, and shall act as the liaison between checkout
operations and CITY's facility management to minimize disruption of
ongoing facility operation.
8. Observe site acceptance test. During this time factory acceptance testing
procedures will be run and satisfactory completion of these procedures
verified.
9. After the system is fully operational and accepted by the CITY, deliver
final documentation to the CITY recording all data and configuration
items as finally accepted. Modification to the final documentation
reflecting CITY initiated changes will be the CITY's responsibility.
RESIDENT SERVICES DURING CONSTRUCTION
Part-time Resident services for Airlite Water Treatment Plant Improvements -
Section I will be provided at no additional cost to CITY if this work proceeds
concurrently with Riverside Water Treatment Plant Expansion construction.
Services to be performed by the part-time Resident Project Representative shall
be the same as those defined under Amendment No. 3 for the Riverside Water
Treatment Plant Expansion. It is anticipated that CITY's staff will observe
construction activity during periods when RPR is not on-site.
If required and requested by the CITY, additional resident services will be
provided by the ENGINEER as a supplemental service under this Amendment.
SECTION IV - PAYMENTS TO THE ENGINEER
In accordance with Paragraph IV-C of the AGREEMENT, the CITY agrees to
reimburse the ENGINEER for Construction Phase Services involving project
administration and control system software configuration authorized by this
Amendment No. 4. The CITY agrees to reimburse the ENGINEER on the basis of
2.85 times the direct salary cost of personnel employed for the work, plus direct
expenses at cost, plus subcontract billings times 1.05. The maximum amount to be
invoiced for Construction Phase Services under Amendment No. 4 shall not exceed
One Hundred Fifty Four Thousand Four Hundred Dollars ($154,400.00) without
further authorization in writing by the CITY.
05/08/98 7
Elgin Cont.
The CITY will not be obligated to reimburse the ENGINEER for costs incurred in
providing Construction Phase Services in excess of the billing limit specified above,
nor shall the ENGINEER be obligated to continue performance under the
AGREEMENT or otherwise incur costs in excess of that amount, unless and until the
CITY notifies the ENGINEER in writing that the billing limits have been increased,
and has specified in such notice revised billing limits for the services in question.
When and to the extent that the billing limits have been increased, any costs incurred
by the ENGINEER in excess of the billing limits prior to their increase shall be
allowable to the same extent as if such costs had been incurred after the increase in
the billing limits was approved.
In accordance with Paragraph IV-D of the AGREEMENT, a detailed fee breakdown of
these Amendment No. 4 services is attached hereto as Attachment C-4.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon
and executed this AMENDMENT NO. 4 in triplicate as though each copy hereof was
an original and that there are no other oral agreements that have not been reduced to
writing in this statement.
For the CITY:
ATTEST: I Y OF ELG
By
Dolonna Mecum 1 oy ' Parker
City Clerk City Manager
(SEAL)
For the ENGINEER: ,�/�
Dated thi s a 0 day of /' '/a.� , A.D., 1997.
ATTEST: /
By �:��L' �.` �r� B
Robert D. Renfrow David B. Hunt
Project Manager General Partner
(SEAL)
05/08i98 8
Elgin Cont.
ELGIN, ILLINOIS May 7, 1998
ENGINEERING SERVICES CONTRACT Page 1 of 2
AMENDMENT NO. 4
ATTACHMENT C-4
FEE BREAKDOWN
AIRLITE WTP
IMPROVEMENTS
SECTION I
FISCAL YEAR OF CONSTRUCTION 1998
BIDDING AND PREAWARD SERVICES *
CONSTRUCTION PHASE SERVICES
PROJECT ADMINISTRATION $99,600
RESIDENT SERVICES DURING CONSTRUCTION j **
CONTROL SYSTEM CONFIGURATION SERVICES $54,800
SUBTOTAL CONSTRUCTION PHASE SERVICES $154,400
TOTAL-AMENDMENT NO. 4 $154,400
* Services provided under Amendment No. 3
** Resident services provided at no additional cost if work proceeds concurrently with
Riverside Water Treatment Plant Expansion contract.
_ $
P I . •
eibii:: =4 g;SS;;S"; SSSSS 6 ( SPSSS*SSS"SSSSL'a ig5i
ii WW1 31 MI i Or ii ,ILI 1171(1111111,111`11111 1111111111111111, 11 I 1_
88 .4 �j X181 i 1 1111!1[1111T11;? C
al f F
02 I ia
y E
i! 1 ' ill g 'I i f !
Q 4 1 i ill
—
I _ _a ,e II__ e1 III' 8le 8 a �
P ,,
11118 I I P 88 Ill'i"
F as-e aesFFei,aF F FFsess._e_
N Y P P Y P P P i I i P P N P i P!° P P i Y
li _ 11 FF$SF688E86$SY°v8- 8188686888$Fa686F i•��
F I I'
i Y y B 88886 8 8I8 _ 8 88
B III9 S a " $ $
ii ; 1 • .1 Al.g.
4 I. liii . II II $III a ..
IIP I it°el
:_111 s F s_ --__� IIF'— J 111 :111 .1
:_II B 1 F- el--iIB _ iill Ig I F 11 -FE
t
Q°e
i �8'. 8 8 88_ III __ fr--_..__
I x
Bli P 'Iii': I+ -Ii g' Ili 1 I ; I I H
'a III SI lil_Fea_e ie II ; F s..sF888a i'>
hi
_ I
Py- 8 8� _ E _..- 1 �
la III F1i 1 i, spa il ill .. m
if
A Ii!P N Mp Y i P N ill YY N N P 8 P P P D P p P 1 P P i P P P-"N P P F 4
C{588888888 E8;888888E88 88888$888 :'888888E88:88.88EP —
tIr iI!Mini! ..
sa iih ililis E$I lt1 l'-111_!& o 11 ;
i lIEl
l7 , 1 lI ; sa i 4"
c EEF g".p6 e� 8l_ay x sI l ;"D8$ tl$HU;,
°- , Agenda Item No.
■,.; City of Elgin L,
c
°'1I FEg.
May 8 , 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment No. 4 to the Agreement for Engineering
Services with Black & Veatch
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
Amendment No. 4 to the agreement with Black & Veatch to
provide for additional engineering services for the Airlite
water treatment plant improvements.
BACKGROUND
On July 26, 1995, the City Council authorized execution of a
contract with Black & Veatch to provide engineering plans and
specifications and additional engineering services for the
expansion of the Riverside plant and modernization of the
Airlite facility. This initial contract anticipated and
outlined additional phases of engineering services necessary
to complete these projects, including project administration
and resident engineering.
The bid for the Airlite plant improvements will be considered
during the regular agenda. Amendment No. 4 with Black &
Veatch will assist with this project by providing the follow-
ing services : Construction administration and resident engi-
neering. Moreover, Black & Veatch will provide control system
software configuration and application services to operate and
monitor the water production system at various facility
locations. The cost for the above services is $154, 400 .
Black & Veatch is recommended to provide the necessary engi-
neering services for the following reasons :
1) Black & Veatch is intimately aware of the design require-
ments for control systems that will, by these extended
contracts, be implemented at the other remote sites and
must be compatible with the main control system being
installed at the Riverside plant.
Engineering Services Agreement
May 8, 1998
Page 2
2) The design has been completed for the Airlite plant
improvements . To bring another engineer in to provide
construction phase services may lead to a discrepancy in
construction and design philosophies between two differ-
ent engineering firms . A difference of opinion would
detract from the quality of the finished product .
3) The Riverside plant expansion is progressing smoothly and
on schedule . It would be hoped that maintaining similar
philosophies and working relationships will continue
through the completion of the Airlite plant improvements .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
INANCIAL IMPACT
Amendment No. 4 is included in the Water Development Fund,
account number 420-0000-771 . 92-36, project number 409531, in
the amount of $154, 400 .
LEGAL IMPACT
The Black & Veatch amendment requires an exception to the
Procurement Ordinance pursuant to the Elgin Municipal Code
Section 5 . 02 . 020B (6) . If the exception procedure is utilized,
a two-thirds vote of the City Council (five votes) is re-
quired, with a finding by the City Council that an exception
to the Requirements of the Procurement Ordinance is necessary
and in the best interest of the City.
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the City Council authorize the execu-
tion of Amendment No. 4 to the agreement for engineering
services with Black & Veatch.
Respectfully submi ted,
J cezY. Parker
City Manager
LED:jm
"" Attachments
BLACK & VEATCHL,
8400 Ward Parkway, P.O. Box No.8405, Kansas City, Missouri 64114,(913)458-2000
Elgin, Illinois B&V Project 31264.418
Airlite WTP Improvements B&V File B-1.1
May 8, 1998
Mr. Peter L. Bityou
Water Operations Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Subject: Amendment for Engineering Services
Dear Peter:
Enclosed are four copies of Amendment No. 4 to our Agreement for Engineering
rib* Services related to the Airlite Water Treatment Plant (WTP) - Section I improvements.
This amendment covers construction phase services involving project administration
and control system configuration.
The original Agreement for Engineering Services was based on a phased
implementation of engineering services and established that these services would be
included by future amendments. Amendment No. 3 authorized bidding and preaward
services for the Airlite WTP Improvements. Construction phase services for the
Airlite WTP Improvements were not included in the previous amendment and were
scheduled to be covered under a future amendment.
Full-time resident services provided under Amendment No. 3 are being provided by
Pete Boysen, our Resident Project Representative (RPR) for the construction of the
Riverside WTP Expansion. It was anticipated that Mr. Boysen would provide part
time RPR services for other construction contracts provided the construction of these
other contracts proceeded concurrently with the Riverside construction. Amendment
No. 3 also indicated that the City would provide part-time assistant RPRs based on
the number of construction contracts Mr. Boysen was handling and the workload
required to cover the multiple contracts during heavy construction activity. Water
Department staff are providing some of this assistance for the construction of the
Airlite WTP sludge lagoons.
• -
esubk Mr. Peter L. Bityou Page: 2
May 8, 1998
We have enclosed fee breakdown spreadsheets for the engineering services provided
under Amendment No. 4. Please note that the fee previously budgeted under
Amendment No. 3 for bidding and preaward services is not included in the projected
level of effort anticipated under Amendment No. 4.
The total fee to be appropriated for this Amendment No. 4 is $154,400 for the
construction phase services for Airlite WTP Improvements - Section I. Bids for this
project were just recently opened by the City.
If there are any questions regarding the scope of the proposed work, please contact
me. We are prepared to begin work upon receipt of your written Notice to Proceed
and a copy of the executed Agreement. We appreciate this opportunity to continue
our professional relationship with the City of Elgin.
Very truly yours,
BLACK& VEATCH LLP
pca
Robert D. Renfrow
Project Manager
CC: Larry Deibert
Dave B. Hunt