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01-204 Resolution No. 01-204 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. FOR THE OTTER CREEK LIFT STATION 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 engineering inspection services for the Otter Creek Lift Station Project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2001 Adopted: July 25, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS OTTER CREEK PUMPING STATION,FORCE MAIN INFLUENT SEWER AND BOWES ROAD INTERCEPTOR SEWER - UPSTREAM ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 4 THIS AGREEMENT AMENDMENT NO. 4 entered into this 2Mt1day of J4 _Gi 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 14 September 1995, as amended by Amendment No. 1 dated 31 August 1998, Amendment No. 2 dated 8 March 2000, and Amendment No. 3 dated 25 August 2000, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, bidding and preconstruction award services, and construction related engineering services for the Otter Creek Pumping Station, Force Main, Influent Sewer and Bowes Road Interceptor Sewer-Upstream (hereinafter referred to as "PROJECT"). WHEREAS, the services did not include construction-related services for the new sewage pumping station, AND WHEREAS, the CITY desires the ENGINEER to provide construction-related services for the new sewage pumping station, AND WHEREAS,the CITY desires to include the payments to the ENGINEER under the Agreement in connection with the construction of the pumping station 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. A X T R - 1 - orB _t • WOODMAN Gonsulli ng Engineers SECTION I.D. of the AGREEMENT, as amended by AMENDMENT NO. 1 and AMENDMENT NO. 2, is hereby deleted and replaced with the following: D. The construction-related services to be performed under this Agreement will consist of the following: 1. General Construction Administration and Resident Project Representative services, including selected start-up and operational services, for the Otter Creek Pumping Station project, ENGINEER's Project No. 990156. 2. Additional services for the Otter Creek Pumping Station project,provided after the original construction contract final completion date, or in regards to warranty work by the Contractor. 3. General Construction Administration and Resident Project Representative services for the Otter Creek Influent Sewer/Force Main project will be performed after an amendment is authorized to this Agreement. A detailed Scope of Services for the services described in the foregoing PARAGRAPHS D.1 and D.2 is attached hereto as Attachment A-1. SECTION IV.E. of the AGREEMENT, as amended by AMENDMENT NO. 1 and AMENDMENT NO. 2, is hereby deleted and replaced with the following: E. The CITY shall reimburse the ENGINEER for professional construction-related services described in Paragraphs I.D.1 through I.D.3, for all actual direct employee compensation, overhead, and expenses, plus a fixed fee for readiness to serve and profit. 1. The ENGINEER's fee for the construction-related services described in Paragraph I.D.1 for the Otter Creek Pumping Station project shall be reimbursement for all actual direct employee compensation, overhead, and expenses, plus ten (10)percent of the sum of the direct costs, overhead, and non- payroll expenses for readiness to serve and profit. For the period from the bid opening to the original construction contract final completion date, the total amount will not `B A X T E R - 2 - _• WOODMAN Consulting Engineers exceed Two Hundred Eighty-Five Thousand Sixty-Four Dollars ($285,064) unless this agreement is modified by a change order or amendment. 2. The ENGINEER's fee for the additional services described in Paragraph I.D.2 for the Otter Creek Pumping Station project shall be reimbursement for all actual direct employee compensation, overhead, and expenses plus a profit of ten (10) percent of the reimbursement amounts. 3. The ENGINEER's fee for the construction-related services described in Paragraph I.D.3 for the Otter Creek Influent Sewer/Force Main project 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. SECTION IV. of the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, and AMENDMENT NO. 3 is hereby further amended to include the following paragraph IV.J.: J. A detailed fee breakdown for the additional services described in Paragraph I.D.1 is attached hereto as Attachment C-4. All other provisions of the AGREEMENT shall remain in full force and effect. A X T E - 3 - ire � WOODMAN Con.stating E•nginens 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 RBy 1" City Clerk 7 City Man er (SEAL) For the ENGINEER: Dated this 28th day of June, A.D., 2001. ATTEST: BAXTER & WOODMAN, INC. By By 722 C, Secretary President/CEO (SEAL) RWB:py 06/29/01 H:\PROJ\ELONC\990156\Amend 4.doc B A X T E R -4 - ` E 1111. WOODMAN Consulting Engineers CITY OF ELGIN, ILLINOIS OTTER CREEK PUMPING STATION,FORCE MAIN INFLUENT SEWER AND BOWES ROAD INTERCEPTOR SEWER—UPSTREAM ENGINEERING SERVICES AGREEMENT ATTACHMENT A-1 SCOPE OF SERVICES CONSTRUCTION-RELATED SERVICES 1. Represent City Act as the CITY's representative with duties, responsibilities and limitations of authority as assigned in the Construction Contract Documents, and advise and confer with CITY officials during construction and issue the CITY's authorized instructions to the Contractor. 2. Provide Resident Project Representative Provide Resident Project Representatives at the construction site on either a full- time basis of forty (40) hours per week from Monday through Friday, not including legal holidays, or on a periodic part-time basis from the ENGINEER's office of not more than eight (8) hours per regular weekday, as deemed necessary by the ENGINEERS, to stake-out construction lines and grades, to assist the Contractor with interpretation of the Drawings and Specifications, to observe in general if the Contractor's work is in conformity with the Final Design Documents, and to monitor the Contractor's progress as related to the Construction Contract date of completion. However, the ENGINEERS are not responsible for the Contractor's construction means, methods, techniques, sequences or procedures, time of performance, compliance with Laws and Regulations, or safety precautions and programs in connection with the PROJECT, and the ENGINEERS do not guarantee the performance of the Contractor and are not responsible for the Contractor's failure to execute the work in accordance with the Construction Contract Documents. 3. Review Submittals Review and approve Shop Drawings, Manufacturer's Literature, Samples, and other submittals by the Contractor, but only for compliance with the Drawings and Specifications as to quality of materials and performance of equipment. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract Documents. iirB A X T E R 4 WOODMAN Consulting Engineers Attachment A-1 2. 4. Review Test Reports Review laboratory, shop and mill test reports of materials and equipment furnished and installed by the Contractor. 5. Review Requests for Payment Review the Contractor's requests for payments as construction work progresses, and advise the CITY of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. 6. Prepare Change Orders Prepare Construction Contract Change Orders when authorized by the CITY. 7. Conduct Final Inspection Conduct a final inspection of construction work, review the Contractor's written guarantees, and issue an opinion of satisfactory completion for acceptance of the PROJECT by the CITY. 8. Prepare Record Drawings Prepare construction record drawings which show field measured dimensions of the completed work which the ENGINEERS consider significant and provide the CITY with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the PROJECT completion. 9. Prepare 0 &M Manual Prepare an operation and maintenance manual. ADDITIONAL SERVICES 10. Extended Contract Time Provide construction-related engineering services including, but not limited to, General Construction Administration and Resident Project Representative Services after the original construction contract final completion date for the PROJECT. BAXTER 1 WOODMAN Consulting E•nginerrs Attachment A-1 3. 11. Warranty Work Provide construction-related engineering services regarding warranty work by the Contractor after the PROJECT, or parts thereof, have been accepted for operational use by the CITY. Such services will include, but not be limited to assistance to 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. H:\PROJ\ELGNC\990156\Attachment A-1 for ESA Amendment No.4.doc B A X T E R 4111 WOODMAN Constdling Engineers CITY OF ELGIN,ILLINOIS OTTER CREEK PUMPING STATION,INFLUENT SEWER,FORCE MAIN AND BOWES ROAD INTERCEPTOR SEWER-UPSTREAM ENGINEERING SERVICES AGREEMENT AMENDMENT NO.4 ATTACHMENT C-3 MANPOWER REQUIREMENTS AND COSTS SUMMARY FOR CONSTRUCTION-RELATED SERVICES OTTER CREEK PUMPING STATION PROJECT ESTIMATED MANHOURS Resident Senior Project Engineer Representative Technician Direct DESCRIPTION @$40/hr @$32/hr @$25/hr Labor Cost 1. OTTER CREEK PUMPING STATION A. Project Management 50 $2,000 B. Drafting,Record Drawings 60 $1,500 C. Normal Shop Drawing Review 400 $10,000 D. General Construction Administration Construction Contract Documents 25 $1,000 Preconstruction Meeting 12 $480 Insurance 10 $400 Field Orders 40 $1,600 Pay Requests 96 $3,840 Review Test Results 6 $240 Periodic Progress Meetings 72 $2,304 Monitor Construction Schedule 4 $160 Notice of Acceptablility of Work 1 $40 E. Work Change Directives and Change Orders 40 $1,600 F. Construction Issues Investigations 40 $1,600 G. Construction Staking 10 $320 H. Field Observation,Full Time 1600 $51,200 I. Field Observation,Part Tiime 384 $12,288 J. Start-Up 40 $1,280 K. Operation and Maintenance Manual 40 $1,600 L. Milage $4,340 TOTAL DIRECT LABOR COSTS 364 2,106 460 $97,792 OVERHEAD @ 165% $161,357 PROFIT @ 10% $25,915 TOTAL ENGINEERING FEES $285,064 BAXTER Attachment C-4 for ESA Amendment No.4 WOODMAN Consulting Fri un errs • C> _; City of Elgin Agenda Item No. E L , �« b, 0111 July 6, 2001 G �i . row Amendment No. 4-B&W -Otter Creek Lift Station July 6, 2001 Page 2 A summary of the original contract and amendments with B&W are shown below: • Original Agreement (OCLS Design) $ 207, 000 • Amendment No. 1 (Design Scope Addition) $ 36, 492 • Amendment No. 2 (Design Scope Addition) $ 27, 338 • Amendment No. 3 (Design Scope Addition) $ 101, 380 • Proposed Amendment No.4 (Constr. Serv. ) : $ 285, 064 , Total $ 657, 274 EGAL IMPACT \)\)10/ None. ALTERNATIVES None . RECOMMENDATION rik It is recommended that the City Council approve Amendment No. 4 with Baxter & Woodman in the amount of $285, 064 and authorize staff to execute the necessary documents . Respectfully submitted, _t . \._, ,,,s 4L Joyce'. Parker City Manager SP:do Attachments r . f r LOCATION MAP Otter Creek Sewage Pumping Station A N 4 Y-4/ BOWES ROAD �V Project 11, ,,j±m1=r(-,,z___ Location i___ ,, , -g-iii \' rEi T `-i' : pr-1 r---31 HgCLI "PPS _ • 1 ROAD ^l _ ,.sem' ��� J o • 00 - f& • ct'ilc _ li r\217/ '- - \ CGSf (^ � C� dd D I4��R ay