01-173 Resolution No. 01-173
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN
ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC.
FOR THE BOWES ROAD INTERCEPTOR SEWER - PHASE 1B
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. 1 to an Engineering Services Agreement on behalf of
the City of Elgin with Baxter & Woodman, Inc . for the Bowes Road
Interceptor Sewer - Phase 1B, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Adopted: June 27, 2001
Omnibus Vote: Yeas: 7 Nays: 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN, ILLINOIS
BOWES ROAD INTERCEPTOR SEWER—PHASE 1B
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this 2 1 day of J ohv ', 2001, 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 April 19, 1999, 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 Bowes Road Interceptor Sewer—Phase 1B (herein referred to
as "PROJECT")
WHEREAS,the payment of the ENGINEER for construction related services for the
Bowes Road Interceptor Sewer—Phase 1B —Part A was not included in the Agreement,
AND
WHEREAS, the CITY desires to include the payments to the ENGINEER to provide
construction administration, construction observation and quality control of the construction
phase for said interceptor sewer.
In response to these additional services, certain revisions must be made to the
Agreement. In compliance, thereof, 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 replaced in its entirety with the
following:
IV. PAYMENTS TO THE ENGINEER
A. The CITY shall reimburse the ENGINEER for professional services
described in Paragraphs I.C.1 and I.C.2,based on the ENGINEERS' hourly
rates of compensation for work time performed plus expenses. The
ENGINEERS' fee including reimbursable expenses shall not exceed
$82,300, regardless of actual costs incurred by the ENGINEER unless
B A X T E R
WOODMAN
Consulizng Engineers
substantial modifications to the PROJECT are authorized in writing by the
CITY.
B. 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.
Final Design Documents $ 72,300
Assistance During Bidding (2000) 5,000
Assistance During Bidding (2001) 5,000
Total $ 82,300
C. The ENGINEER shall make necessary arrangements and employ qualified
subconsultants, subject to approval of the DIRECTOR, for the following
work:
1. Geotechnical and soils investigations
2. Wetlands delineation and consultation
3. Trenchless sewer pipe installation methodology
4. Registered Land Surveyor
5. Subsurface Investigator
The CITY shall reimburse the ENGINEER for the direct cost of the above
professional subconsultant services, an amount not-to-exceed Eighty Eight
Thousand Dollars ($88,000) without a modification to this agreement by
a change order or amendment.
D. The total payments by the CITY under this agreement under paragraphs
IV.A and IV.0 shall not exceed One Hundred Seventy Thousand Three
Hundred Dollars ($170,300)unless this agreement is modified by a change
order or amendment.
E. The ENGINEERS'fee for the construction related services for the Bowes
Road Interceptor Sewer—Phase 1B —Part A shall be a reimbursement for
all actual direct employee compensation, overhead, and expenses plus 14
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WOODMAN
ConsultingEngtneers
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$112,000,ENGINEERS'Project No.
010389.
1. 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.
2. 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.
3. 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.
All other provisions of the Agreement shall remain in full force and effect.
A X T E R
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16-
WOODMAN
Consulting Engineers
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
City Clerk ity Manager
(SEAL)
For the ENGINEER:
Dated this day of , A.D., 2001.
ATTEST: BAXTER & WOODMAN, INC.
By if By
Deputy Secretary President/CEO
(SEAL)
05/04/01
LDH:cm
\\BAXTER\SEC\PROJ\ELGNC\010389\ENGRSER VAmendl.doc
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WOODMAN
ConsulingEngineers
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41.
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G ; ' Agenda Item No.
i � City of Elgin
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June 8, 2001 L oil , 11
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TO: Mayor and Members of the City Council FINANCIALLY STAEtLE CITYGOVERNMENT
EFFICIENT SERVICES,
AND QUALIT Y INFRASTRUCTURE
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment No. 1 to an Agreement with Baxter
& Woodman for the Bowes Road Interceptor
Sewer-Phase 1B- Part A (BRIS-IB-A)
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider Amendment No. 1 to
an agreement with Baxter & Woodman (B&W) for construction-related
engineering inspection services for the BRIS-IB-A Project .
eft. BACKGROUND
At its meeting on March 24 , 1999, the City Council authorized an
agreement with B&W for the preparation of plans, specifications,
estimates of cost and bidding engineering services for the BRIS-1B
project . Amendment No. 1 will add construction engineering
services to the agreement with B&W for Part A of the BRIS-1B
project . An additional amendment to B&W' s contract for
construction engineering will be required when a contract is
awarded for construction of Part B of the interceptor sewer. Part
A will extend the sewer from Sundown Drive east of South McLean
Boulevard To the east end of Bowes Road in the Fox Bluff Corporate
Center. Part B will extend the sewer an additional 5000 L.F. east
to the FRWRD treatment plant east of IL Route 31 . A project
location map is attached as Exhibit A. A copy of Amendment No. 1
is attached as Exhibit B.
The contract for construction of the BRIS-1B-A was awarded at the
May 23, 2001 Council Meeting.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
r
""' Amendment No. 1 to an agreement with Baxter & Woodman
June 8 , 2001
Page 2
FINANCIAL IMPACT
Amendment No. 1 totals $112 , 000 and covers construction-related
fees for the BRIS-1B-A project . Funds were budgeted in the amount
of $300 , 000 within the Sewer Development Fund, account number 440-
0000-772 . 92-41, project number 339593 , for design engineering
services . The original agreement with B&W totals $170, 300 .
Sufficient funds are available in the above account number for
this Amendment No. 1 . The total not-to-exceed contract with B&W
will now be $282 , 000 .
EGAL IMPACT
/41/
None.
ALTERNATIVES
None .
eft RECOMMENDATION
It is recommended that City Council approve Amendment No. 1 in the
amount of $112 , 000 with Baxter & Woodman and authorize staff to
execute the necessary documents .
Respectfully submitted
/ )
t'r -I & - /1-ZZL /-‘---
J‘o ce A. Parker
City Manager
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