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98-57 Resolution No. 98-57 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. 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. 2 to an Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc . for the Tyler Creek Interceptor Sewer - Phase V, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 11, 1998 Adopted: March 11, 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 ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 THIS AMENDMENT NO. 2 entered into this Ae day of mit, 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Baxter & Woodman, Inc.. an Illinois Business Corporation(hereinafter referred to as "ENGINEER"), shall modify that Agreement dated 27 March 1997, and amended September 2, 1997 whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and bidding and preconstruction award services for the Tyler Creek Interceptor Sewer - Phase V (hereinafter referred to as "PROJECT". WHEREAS, THE ENGINEERS completed a preliminary design study of the PROJECT which presented estimates of cost for the originally proposed route and an alternative route for the Tyler Creek Interceptor Sewer - Phases V and VI. AND WHEREAS, the estimated construction cost of the alternative route is significantly lower then the cost of the original route. AND WHEREAS, the CITY desires the ENGINEER to prepare final design services for the alternative route of the Tyler Creek Interceptor Sewer - Phase V in lieu of the original route. - 1 - B A X T E R iir 4 WOODMAN Cons u.7:ng f cl:Hent AND WHEREAS, the ENGINEERS' fees for final design services for the alternative route of Phase V are less than the fees for the original route. AND WHEREAS, the CITY desires the ENGINEER to provide final design services and assistance during bidding for the Tyler Creek Interceptor Sewer - Phase VI. In response to these changes, 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 I of the AGREEMENT is hereby amended to replace Paragraph C with the following: 1. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer - Phase V. The interceptor sewer extends approximately 4,500 feet from the existing receiving manhole near Randall Road to approximately 20 (twenty) feet west of the property boundary between the Industrial Developments International (IDI) and Schick properties. The interceptor sewer route is shown in the attached exhibit dated December 3, 1997. ENGINEER's Project No. 970068. 2. Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer - Phase V, consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendation for Award - 2 - B A X T E R Pr% 1111 WOODMAN n,u::ngE+rntr 3. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer - Phase VI. The interceptor sewer will start at the upstream manhole of Phase V, extend northerly, and cnd at Big Timber Road, a total distance of approximately 5,000 feet. Design services will include an investigation of the sewer service area located north of Big Timber Road to verify that the Tyler Creek Interceptor Sewer can provide gravity sewer service to that area. Consultants will be hired to investigate soil conditions, wetland issues, and underground (subsurface) conflicts such as the high pressure gas main. A registered land surveyor will be hired to locate property boundaries and prepare plats of easements for the sewer route. ENGINEER's Project No. 980040. 4. Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer - Phase VI. consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendations for Award. SECTION IV of the AGREEMENT is hereby amended to replace paragraphs A and B and delete paragraphs C, D and E with the following: A. The CITY shall reimburse the ENGINEER for professional services, provided for the Interceptor Sewer - Phase V as described in Paragraphs I.C.1., and I.C.2., based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. 1. The ENGINEERS' fee including travel and out-of-pocket expenses shall not exceed $90,000. regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. 2. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days alter receipt - 3 - B A X T E R 4 WOODMAN C,r u::ngEcrntrc and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary and Final Design Documents S 85,000 Assistance During Bidding 5,000 Total S 90.000 3. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: a. Geotechnical and soils investigations b. Wetlands delineation and consultation c. Trenchless sewer pipe installation methodology The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not to exceed seventy thousand ($70,000) Dollars without a modification to this Agreement by a change order or amendment. 4. The total payments by the CITY under this Agreement for services described in paragraphs IV.A.1 and IV.A.3 shall not exceed One Hundred Sixty Thousand Dollars ($160,000) unless this Agreement is modified by a change order or amendment. 5. For those services identified under the Scope of Services as Field Construction Phase Services (Section I.D). the fee shall be negotiated between the ENGINEER and the CITY, and this Agreement modified by a change order or amendment, at such time prior to the commencement of the work after a funding appropriation for the project construction has been enacted by the CITY. Tr;- 4 - WOODMAN Consulting., ,n,rc B. The CITY shall reimburse the ENGINEER for professional services, provided for the Interceptor Sewer - Phase VI as described in Paragraphs I.C.3, and I.C.4, based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. 1. The ENGINEERS' fee including travel and out-of-pocket expenses shall not exceed $50,000, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. 2. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary and Final Design Documents $ 45,000 Assistance During Bidding 5,000 Total $ 50.000 3. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: a. Geotechnical and soils investigations b. Wetlands delineation and consultation c. Registered Land Surveyor d. Subsurface Investigator The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not to - 5 - B A X T E R Pr% 411 1 WOODMAN Consult1ng Eng'z5 exceed forty-eight thousand ($48,000) Dollars without a modification to this Agreement by a change order or amendment. 4. The total payments by the CITY under this Agreement for services described in paragraphs IV.B.1 and IV.B.3 shall not exceed ninety-eight thousand Dollars ($98,000) unless this Agreement is modified by a change order or amendment. 5. For those services identified under the Scope of Services as Field Construction Phase Services (Section I.D), the fee shall be negotiated between the ENGINEER and the CITY, and this Agreement modified by a change order or amendment. at such time prior to the commencement of the work after a funding appropriation for the project construction has been enacted by the CITY. All other provisions of the Agreement shall remain in full force and effect. - 6 - B X T E R 1 WOODMAN C imsul::ig En`s—neer, 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 5,61,t,-4 ^(/_20-1,— B _ • City Clerk ( ity '+ anager (SEAL) For the ENGINEER: Dated this a?7'day of j A.D., 1998. ATTEST: BAXTER & WOODMAN, INC. n By �!/cet , - By /I . (t Secretary President/CEO (SEAL) 970068\drg.jep Amendment No.2 - 7 - B A X T E R WOODMAN ,‘,(OFEtc. ' ~ Agenda Item No. .� City of Elgin• 9 ��p ire February 13 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 2 to an Agreement with Baxter and Woodman PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 2 to an Agreement with Baxter and Woodman to modify the fee for design services associated with the Tyler Creek Interceptor Sewer - Phase V (TCIS-V) and add design services associated with Phase VI (TCIS-VI) . BACKGROUND At its meetings of March 12, 1997 and August 13 , 1997, the City Council authorized an agreement and Amendment No. 1, respectively, for the preparation of plans, specifications, estimates of cost and bidding engineering services for the TCIS-V Project . The TCIS-V and TCIS-VI will increase the development potential for the northwest portion of the City' s planning area. The annexation agreement with Industrial Developments Internation- al (IDI) requires the completion of the TCIS-V by June, 1999 . It was originally envisioned that the TCIS-V would generally follow a route north of Tyler Creek and south of the Soo Line Railroad. However, due to the extensive wetland issues, it would be prohibitively expensive to construct the sewer along this route . Staff then directed Baxter & Woodman to explore alternative routes for the location of the sewer. It has been determined that the sewer can be constructed north of the Soo Line Railroad along the south property line of the IDI devel- opment . Substantial reductions in construction costs will be realized by placing the sewer along this new route . Work within the wetlands will be minimized, creek crossings will not be required and the sewer will be installed at a shallower depth. The majority of the sewer will also be installed utilizing open cut construction instead of tunneling the sewer line, as would have been required in the wetlands . The sewer route relocation has resulted in a overall reduction in design effort by Baxter and Woodman which has allowed them to reduce their fee by $20, 000 from $180, 000 to $160, 000 . This reduction is reflected in Amendment No. 2 . i C.O. #2 with Baxter and Woodman February 13, 1998 Page 2 ew Amendment No. 2 also adds the fee ($98, 000) for design and bidding services to the agreement with Baxter and Woodman for the TCIS-VI . Phase VI will extend the Tyler Creek Interceptor Sewer north along the western edge of the IDI development to Big Timber Road. A copy of Amendment No. 2 is attached as Exhibit A. The original agreement and Amendment No. 1 covered the design of approximately 4, 500 L. F. of sanitary sewer. At an amended fee of $160, 000, the cost per foot is $35 . 56 . Amendment No. 2 will be for the design of approximately 5, 000 L.F. of Sanitary Sewer. At a fee of $98, 000 , the cost per foot is $19 . 60 . The procurement ordinance allows an existing contract to be expanded instead of again seeking competitive proposals . A finding by two-thirds vote of the City Council is necessary if the City Council chooses to proceed with this option. The finding must explain why the exception is in the best interest of the City. The proposed amendment with Baxter and Woodman is a superior option to requesting proposals from other engineering firms for the following reasons : 1 . The proposal system could take several months to com- plete, resulting in final plans not being ready for bidding until mid-1999 . 2 . Baxter and Woodman has already completed some of the preliminary engineering for Phase VI as part of the plan preparation for Phase V. Another engineering firm would have to duplicate this effort which could result in higher design costs. 3 . Baxter and Woodman provided engineering services for TCIS-V. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. '44--FINANCIAL IMPACT Amendment No. 2 to the agreement with Baxter and Woodman will reduce the fee for the Tyler Creek Interceptor Sewer - Phase V from $180, 000 to $160, 000, or a reduction of $20, 000 . Moneys for this project are budgeted in account number ep, 397-4200-795 . 92-41, project number 339558 . •C.O. #2 with Baxter and Woodman February 13 , 1998 Page 3 r''" Amendment No. 2 to the agreement with Baxter and Woodman will add the design and bidding engineering services for the Tyler Creek Interceptor Sewer - Phase VI . The fee for Phase VI is $98, 000 . Engineering for Phase VI ($100, 000) and construction for Phase V ($2, 050, 000) are included as part of the Sewer portion of the 1998 bond sale scheduled for March, 1998 . Moneys were budgeted in the amount of $100, 000 in account number 398-4200-795 . 92-41, project number 339558 , for design services for the TCIS-VI . If the above amendments are approved, the amount of the agreement with Baxter and Woodman would total $258, 000 . A copy of Amendment No. 2 is attached as Exhibit A. LEGAL IMPACT None. ALTERNATIVES Reject the amendment and direct staff to request proposals for engineering services . RECOMMENDATION It is recommended that City Council find that proceeding with Amendment No. 2 to the agreement with Baxter and Woodman is necessary and in the best interest of the City. Respectf ly submitted, dlIP David L. Lawry, P.E. D' -ctor of Public Works A. Parker Ci y Manager SP/do Attachments