98-204 Resolution No. 98-204
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 3 WITH BAXTER & WOODMAN, INC.
(Tyler Creek Interceptor Sewer Phase V)
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 an Engineering Services Agreement Amendment No. 3 on
behalf of the City of Elgin with Baxter & Woodman, Inc. for the
Tyler Creek Interceptor Sewer Phase V Project, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: August 26, 1998
Adopted: August 26 , 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum'
Dolonna Mecum, City Clerk
CITY OF ELGIN, ILLINOIS
TYLER CREEK INTERCEPTOR SEWER
PHASE V
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 3
THIS AGREEMENT AMENDMENT NO. 3 entered into this3 I day of U G
, 1998,by and between the City of Elgin, an Illinois municipal corporation(hereinafter
referred to as the "CITY") and Baxter& Woodman, Inc., Consulting Engineers, an Illinois
Business Corporation, (hereinafter referred to as "ENGINEER"), shall modify that
Agreement dated 27 March, 1997 and amended 2 September, 1997, and 20 March, 1998,
whereby the ENGINEER was engaged by CITY to perform certain professional services in
connection with the preparation of plans, specifications, estimates of cost, and construction
related engineering services for the Tyler Creek Interceptor Sewer - Phase V (hereinafter
referred to as "PROJECT").
WHEREAS, the payment to the ENGINEER for construction engineering related
services was not included in the Agreement,
AND
WHEREAS, the CITY desires to include the payments to the ENGINEER under
Paragraph IV. E. of the Agreement in connection with the construction administration,
construction observation and quality control of the construction phase of the PROJECT.
IN RESPONSE to these additional services, certain revisions must be made to the
Agreement. In compliance, therefore, the terms and conditions of the Agreement are
modified as specifically set out below. All other parts of the Agreement remain unchanged.
SECTION IV of the Agreement is hereby amended to replace Paragraph E and add
Paragraphs F, G, and H.
E. The ENGINEERS' fee for the construction related services shall be a
reimbursement for all actual direct employee compensation, overhead, and
expenses plus 14 percent of the sum of the direct costs, overhead, and non-
payroll expenses for readiness to serve and profit. The costs, expenses and
profit for such services are estimated not-to-exceed$180,000,ENGINEERS'
Project No. 980193.
BAXTER
Mr%
4111
WOODMAN
s t
profit for such services are estimated not-to-exceed $180,000,
ENGINEERS' Project No. 980193.
F. The compensation for engineering services set forth in Paragraph E above
does not include any overtime hours for Resident Project Representatives.
In the event the Contractor works more than eight (8) hours on any
weekday, or works any time on Saturdays, Sundays or holidays, during
which time Resident Project Representatives are required to be present, the
CITY shall pay the ENGINEERS extra compensation at the ENGINEERS'
hourly rates on a time-and-a-half basis for all time of more than eight (8)
hours on any weekday and all time on Saturdays, and on a double time basis
for all time on Sundays and holidays. Note: The Supplementary
Conditions of the construction contract documents state that the CITY can
deduct overtime engineering costs from payments to the construction
contractor.
G. The compensation set forth in Paragraph E above does not include any
engineering services after the original construction contract completion date
for the PROJECT. In the event the CITY approves and authorizes an
extension of time for the Contractor to complete the construction work, the
compensation for engineering services set forth in Paragraph E shall be
increased for the additional services required of the ENGINEERS. In the
event the Contractor does not complete the construction work within the
contract completion time including any extensions thereof granted by the
CITY, the CITY shall pay the ENGINEERS extra compensation at the
ENGINEERS' hourly rates until the PROJECT construction work has been
accepted by the CITY.
H. The compensation set forth in Paragraph E does not include any engineering
services regarding warranty work by the Contractor after the PROJECT,
or parts thereof, has been accepted for operational use by the CITY. In the
event that warranty work is required of the Contractor, the CITY shall pay
the ENGINEERS extra compensation at the ENGINEERS' hourly rates to
assist the CITY in enforcing the Contractor's guaranty to repair or replace
defective work within the warranty time stated in the Construction Contract
Documents for the PROJECT.
All other provisions of the AGREEMENT shall remain in full force and effect.
iirBAXTER
4111
WOODMAN
Consulting Engineers
t
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon
and executed this Agreement 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: THE CITY OF ELGIN, ILLINOIS
•
By _ _ By (.:4c...- I . /
City Clerk ity Manager
(SEAL)
For the ENGINEER:
Dated this 27 _ day of , A.D., 1998.
ATTEST: BAXTER & WOODMAN, INC.
By l,4ZZ B �e
Secre Vice President
(SEAL)
980193\amendno2'drg.mk
B A X T E R
WOODMAN
ConsultingEngineers
�y OF E�C/ (:::
"
`' °"p"),3Agenda Item No.
i- ' ,
f — City of Elgin K....._.;
F.
July 31, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment No. 3 to an Agreement with Baxter &
Woodman for the Tyler Creek Interceptor Sewer
Phase V (TCIS-V) Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
Amendment No. 3 to an agreement with Baxter & Woodman for
construction-related engineering and inspection services for
the TCIS-V Project .
BACKGROUND
The original agreement with Baxter & Woodman for the prepara-
tion of plans, specifications and bidding assistance for the
TCIS-V project was authorized by the City Council at its March
12, 1997 meeting. Amendments No. 1 and No. 2 were authorized at
the August 13 , 1997 and February 25, 1998 meetings,
respectively.
Amendment No. 3 will add construction services to the agree-
ment with Baxter & Woodman for the subject project . A copy of
Amendment No. 3 is attached as Exhibit A.
The award of the contract for construction of the TCIS-V
Project is included on the regular agenda.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
Amendment No. 3 totals $180, 000 and covers construction-relat-
ed fees for the TCIS-V project . Moneys for this facet of the
project are budgeted in account number 397-420-795 . 92-41,
project number 339558 (Sewer portion of the 1997 Bond Sale) .
Baxter & Woodman' s contract will now total $340, 000 .
r
Amendment No. 3-B & W/TCIS-V
July 31, 1998
Page 2
A summary of the original contract and amendments are stated
below:
Original Amount of Agreement $ 164, 000
Amendment No. 1 (Design Scope Addition) 16, 000
Amendment No. 2 (Design Scope Reduction
Route Change - (20 , 000)
Proposed Amendment No. 3 (Const . Design) 180, 000
Total $ 340, 000
LEGAL IMPACT
None .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that City Council approve Amendment No. 3 in
the amount of $180, 000 with Baxter & Woodman and authorize
staff to execute the necessary documents .
Respectfully submi d,
Jo e A. Parker
City Manager
SP/do
Attachments