99-217 Resolution No. 99-217
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO AN
ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC.
FOR THE TYLER CREEK INTERCEPTOR SEWER PHASE V PROJECT
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 an Engineering Services
Agreement 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/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 1999
Adopted: August 11, 1999
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. 4
THIS AGREEMENT AMENDMENT NO. 4 entered into this,4 day of /v�
1999, 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, 20 March, and 31
August, 1998, whereby the ENGINEER was engaged by the 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 services did not include design of a lateral sanitary sewer to serve
a portion of the area north of Big Timber Road, commonly known as the Chicago White
Metal properties,
AND
WHEREAS, the CITY desires the ENGINEER to provide preliminary and final
design services for said lateral sewer.
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 1 of the AGREEMENT is hereby amended to replace Paragraph C with
the following:
1.C.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 ENGINEERS' exhibit dated December 3, 1997.
— 1 —
BAXTER
4
WOODMAN
Consulting Engineers
1.C.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
1.C.3. Preparation of the Final Design Documents for the Tyler Creek Interceptor
Sewer—Phase VI, and the lateral sewer to serve the Chicago White Metal
property. The interceptor sewer will start at the upstream manhole of Phase
V, extend northerly, and end at Big Timber Road, a total distance of
approximately 5,000 feet. The lateral sewer will start at the upstream
manhole of Phase VI, extend easterly and end at the Chicago White Metal
proposed entrance road, a total distance of approximately 1,500 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.
1.C.4 Performance of bidding and preconstruction award services for the Tyler
Creek Interceptor Sewer-Phase VI and the lateral sewer to serve the Chicago
White Metal property, 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 Paragraph
A and B with the following, add Paragraph C, and delete Paragraphs E, F, G, and H:
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
A X T E R
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iirB
I
4111
WOODMAN
Consulting Engineers
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
s 11 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, ENGINEERS' Project No.
970068.
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 $ 85,000
Assistance During Bidding 5,000
Total $ 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, ENGINEERS' Project
No. 970068.01.
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.
`B A X T E R
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416- 4
WOODMAN
Consulting Engineers
5. The ENGINEERS' fee for the construction related services for the
Tyler Creek Interceptor Sewer—Phase V shall be a reimbursement
for all actual direct employee compensation, overhead, and expenses
r us
4 perce:;t of the sum of the direct costs, overhead, and non-
:"ayroll 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.
6. The compensation for engineering services set forth in Paragraph 5
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.
7. The compensation set forth in Paragraph 5 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.
8. The compensation set forth in Paragraph 5 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
BAXTER
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_•
WOODMAN
Consulting Imp i?Vert
Contractor's guaranty to repair or replace defective work within the
warranty time stated in the Construction Contract Documents for the
PROJECT.
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 $60,000, regardless of actual costs incurred by the
ENGINEER unless substantial modifications to the PROJECT are
authorized in writing by the CITY, ENGINEERS' Project No.
980040.
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 $55,000
Assistance During Bidding 5,000
Total $60,000
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
professional subconsultant services, an amount not-to-exceed fifty-
iorB A X T E R
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_•
WOODMAN
Consulting Engineers
two thousand ($52,000) dollars without a modification to this
Agreement by a change order or amendment, ENGINEERS' Project
No. 990040.01.
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 one
hundred twelve thousand dollars ($112,000) 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.
C. Summary of fees:
1. Tyler Creek Interceptor Sewer—Phase V
Design and Bidding Services
Engineering Fees $ 90,000
Subconsultants 70.000
Subotal $160,000
Construction Services $180,000
Total $340,000
2. Tyler Creek Interceptor Sewer—Phase VI
Design and Bidding Services _
Engineering Fees $ 60,000
Subconsultants 52,000
Subtotal $112,000
Construction Services To be determined
Total $112,000
B A X T E R
_•
WOODMAN
Consult ng Enp neers
•
All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon
and executed this Agreement in triplicate as though each copy hereof was an original and that
there are no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN, ILLINOIS
By � By `L,,,�/. / . /
City Clerk Manager
(SEAL)
For the ENGINEER:
Dated this 22nd day of July, A.D., 1999.
ATTEST: BAXTER&WOODMAN, INC.
By ��cc� .4Z1-4
Deputy Secietary President/CEO
(SEAL)
H:\PROJ\ELGNC\980040\AMENDMENT NO.4 REVISION.doc
DRG:mk 07/22/99
/ B A X T E R
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WOODMAN
Consulting Engineers
' �.�OF FSC'
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City of Elgin Agenda Item No.
-
j'iei TLpo$ •
July 16, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment No. 4 to an Agreement with Baxter & Woodman
for the Tyler Creek Interceptor Sewer-Phase V/Phase VI
(TCIS-V/VI)
PURPOSE
The purpose of the memorandum is to provide the Mayor and members •
of the City Council with information to consider Amendment No. 4 to
an agreement with Baxter & Woodman to add design services in
connection with the preparation of plans, specifications, estimates
of cost, and bidding for a lateral sanitary sewer to serve the
Chicago White Metal (CWM) property as part of the TCIS-VI project.
BACKGROUND
As its meeting on March 5, 1997, the City Council authorized an
agreement with Baxter & Woodman for the preparation of plans,
specifications, estimates of cost and bidding engineering services
for the TCIS-V project. Amendment No. 1 for additional design
services for TCIS-V, Amendment No. 2 for design services for TCIS-
VI and Amendment No. 3 for construction engineering services for
TCIS-V were added at subsequent meetings.
In order for CWM to connect into the TCIS-VI a lateral sanitary
sewer needs to be constructed east along Big Timber Rd. This
lateral sewer will serve both the CWM property and several other
properties in the Big Timber Rd. /Tyrell Rd. corridor.
CWM has requested that the City design and construct this lateral
sewer main. CWM will deposit funds with the City prior to design
and construction of the sewer. They will be responsible for the
entire costs associated with this design and construction. A
Sanitary Sewer Lateral Construction and Reimbursement Agreement
with CWM is being presented to Council under separate cover.
Amendment No. 4 is attached as Exhibit A.
. .
Amendment #4 with Baxter & Woodman/TCIS-V/VI
[ July 16, 1999
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
(/'
/FINANCIAL IMPACT
Amendment No. 4 will add $14, 000 to the agreement with Baxter &
Woodman. CWM will be required to deposit this full amount into the
appropriate fund prior to the start of design work. This Amendment
No. 4 will increase the total not-to-exceed amount of the contract
from $438, 000 to $452, 000 . Account Number 399-4200-795 . 92-41,
Project Number 339606 will be used to account for this project.
Baxter & Woodman' s contract can be summarized as follows:
.Original Agreement TCIS-V $144, 000
.Amendment No. 1 Route Modification 16, 000
.Amendment No. 2 TCIS-VI 98, 000
.Amendment No. 3 TCIS-V Construction 180, 000
.Amendment No. 4 CWM Lateral 14, 000
Total $452, 000
rk LEGAL IMPACT
tlV' None.
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager
to execute Amendment No. 4 to the agreement with Baxter & Woodman
in the not-to-exceed amount of $14, 000 and adjust the total value
of the amended agreement to $452, 000 .
A.I
-ctfully submitt d,
)(1 , a.,,..L___
Jo'ce A. Parker
City Manager
rk SP: do
Attachment