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01-294 Resolution No. 01-294 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT BER 7 TO AGREEMENT FOR ENGINEERING SERVICES WITH BLACK AND VEATCH LLP FOR THE RIVER INTAKE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manger, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment Number 7 to Agreement for Engineering Services on behalf of the City of Elgin with Blaik and Veatch LLP for engineering services for the River Int-ke Project, a copy of which is attached hereto and made a part ereof by reference. s Ed Schock Ed Schoc , Mayor Presented: November 14 , 2001 Adopted: November 14, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AMENDMENT NUMBER 7 TO AGREEMENT FOR ENGINEERINe SERVICES This contract amendment is hereby made and entered i to this of b day of , 2001, by and between the City of Igin, Illinois, a municipal corporation (hereinafter referred to as "CITY"), and Blasi( and Veatch LLP (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement, dated August 1, 1995 (hereinafter referred to as "AGREEME T"), a copy of which is attached hereto and made a part hereof as Attachment "A" by w ich CITY has engaged ENGINEER to perform certain engineering services rel-ted to the evaluation and design of upgrades and expansion of City's water treat ent facilities; and WHEREAS, the parties hereto have previously entered into agreements to amend and modify AGREEMENT, dated May 10, 1996; October 29 1996; January 23, 1997; June 8, 1998; April 19, 1999; and August 25, 2000, cop es of which are attached hereto and made a part hereof as Attachment "B"; and WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify AGREEMENT pursuant to th- terms and provisions of this contract modification agreement. NOW, THEREFORE, in consideration of the mutual pro ises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree to amend AGREEMENT, as previously amended as follows: SECTION I - SCOPE OF SERVICES In accordance with Paragraph I-D of the AGREEMENT, the following Services are hereby authorized. The scope of services involves the :xtension of construction phase services and part-time resident services for the iver Intake and Pumping Station Expansion project. The additional services provided under this Amendmen I include the following: • Additional project administration of the constr ction contract including responses to requests for clarifications and/o interpretations of the contract drawings. 1 Elgin Amend RDR11c 8/28/01 • Review of multiple revisions of the Contractor'. construction schedule as a result of the extended construction schedule. • Attending additional construction progress me-tings as a result of the extended construction schedule. • Additional periodic visits to the construction si le to observe progress of the work and coordinate work with CITY staff and Contractors. • Additional part-time resident site visits to revie corrective work and monitor progress with the work. The additional services are based on the anticipated co pletion of construction of Section II for the River Intake Pumping Station Expansion involving pumping and chemical feed modifications by December 31, 2001. If t e work should not be completed by this date, additional services and further a•justments to the AGREEMENT may be necessary to complete the proje• . The circumstances which necessitate this amendment to the AGREEMENT as provided herein were not reasonably foreseeable at the time the Iontract was signed and this amendment is in the best interest of the CITY and authorized by law. SECTION IV - PAYMENTS TO THE ENGINEER In accordance with Paragraph IV-C of the AGREEMEN , the CITY agrees to reimburse the ENGINEER on the basis of 2.85 times the direct sal.:ry cost of personnel employed for work associated with construction phase services an• part-time resident services authorized by this Amendment, plus direct expenses at ost, plus subcontract billings times 1.05. The maximum amount to be invoiced for co struction phase and resident services under this Amendment shall be increased by T irty-eight Thousand Five Hundred Dollars ($38,500.00). The CITY will not be obligated to reimburse the ENGIN:ER for costs incurred in providing Construction Phase Services and Part-time R:sident Services in excess of the billing limit specified above, nor shall the ENGINEE- be obligated to continue performance under the AGREEMENT or otherwise incu costs in excess of that amount, unless and until the CITY notifies the ENGINE:R in writing that the billing limits have been increased, and has specified in such notice revised billing limits for the services in question. When and to the extent that the bil ing limits have been increased, any costs incurred by the ENGINEER in excess of the b (ling limits prior to their increase shall be allowable to the same extent as if such costs h-d been incurred after the increase in the billing limits was approved. 2 Elgin Amend. RDR11c 8/28/01 In accordance with Paragraph IV-D of the AGREEMENT, the basis for the extended engineering services covered by this Amendment is attached hereto as Attachment C. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this AMENDMENT 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 By 11,By � Q Dolonna Mecum Joy Pa er City Clerk City Manager (SEAL) For the ENGINEER: Dated thisa'1day of CC_ a^ , A.D., 2001. ATTEST: BLACK : VEATCH By _ By ' Paul . Rom David B. Hunt Vice President 3 Elgin Amend. RDR11c 8/28/01 ATTACHMENT C Basis for Extended Engineering Services The following is the basis for the extended construction phase and resident services for the River Intake and Pumping Station Expansion project. The requested budget adjustment of $38,500.00 represents the difference between contractual upper limits for construction phase and part-time resident services and the projected total cost to complete the River Intake and Pumping Station Expansion project based on additional services and effort relative to an anticipated extended construction schedule through December 31, 2001. If • Section II of the contract has not reached final completion by this date, additional engineering services and further adjustments to the Agreement may be needed. BASIS FOR EXTENDED ENGINEERING SERVICES Contractual Projected Total Engineering Upper Cost For Requested Service Limit* Completion Budget Adjustment CPS & RES $198,500* $237,000 $38,500 * The amount represents the contractual upper limit for construction phase services including control system configuration services and part-time resident services. 1 Amend Attach C RDRI Ic SC3/0I `0 OF Etc �. ' City of Elgin Agenda Item No. E el L tt►� October 19, 2001 G iiti pltl F 01 . II 8 TO: Mayor and Members of the City Co ncil FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. AND DUALITY INFRASTRUCTURE FROM: Joyce A. Parker, City Manager SUBJECT: Contractor' s Failure to Completz. Section II River Intake Project PURPOSE The purpose of this memorandum is to see authorization from the Mayor and members of the City Council to h.:ve the Water Department deal directly with the sub-contractors inv.lved with Section II of the River Intake Project to complete this project . eft. BACKGROUND On February 23 , 2000 , the City Council awarded a contract to R & W Clark Construction Inc. for the construct on of Section II of the River Intake Project . This section is f.r the construction of a new building to house a larger potassium p-rmanganate feed system, two new river intake pumps and associate. piping and electrical systems . This contract called for substa tial completion on April 6, 2001, and final completion on May 3 , 2001 . To date, neither benchmark has been met . Via a letter sent by certified mail dated September 17, 2001, R & W Clark was notified that their firm was in violation of contract specifications and notified to complete th- work in accordance with contract documents within ten days from the date of the letter. The contractor has failed to complete thi project . In actuality, there are only a few miner items still requiring completion. These are : start up the potassium permanganate chemical feed system, supply and inst.: 11 temperature control panels, clean agent fire suppression sy..tem, handrail, complete sodding, complete the electrical work an general clean up. To complete these items, it is the Water De.artment' s intent to deal directly with the sub-contractors to co plete these work items . few. There are only two sub-contractors invol ed. The electrical sub- contractor (Westphal & Company, Inc . , Jalesville, Wisconsin, and the chemical feed equipment supplier (Car s Chemical Company, Peru, r- Contractor' s Failure/River Intake Project October 19, 2001 Page 2 Illinois) have been contacted and are in .greement to proceed and finish their portion of the project with p-yment to be forthcoming for this portion of their work directly f om the City. Due to the contractor' s failure to compl-te this project in an orderly process and within the time frame_ established under the contract, he will be charged liquidated da ages . These liquidated damages will be for the additional se vices provided by the engineering firm of Black & Veatch, and a.ditional involvement by City staff. Final closeout of the projec. with R & W Clark Inc . will identify liquidated damages assessed. COMMUNITY GROUPS/INTERESTED PERSONS CONTAITED None . igrFINANCIAL IMPACT A._ / A current accounting of this project is a-. follows : eft. Number 409536 - River Intake Original Budget $1, 545, 000 Expenditures Contract Martam Construction $ ! 83 , 953 Paid to date $445, 664 Balance due 38, 289 Contract Black & Veatch 42 , 100 Paid to date $ 42 , 000 Balance due 100 Contract R & W Clark Construction :49, 000 Paid to date $ 613 , 800 Balance due 235, 200 Miscellaneous Expenses 2 , 612 Total Expenditures 1, 377 , 665 Balance Remaining $ 167, 335 rk Payments to the sub-contractors are to be ade from available funds in account number 399-4000-795 . 92-36, project number 409536 . It is anticipated the payments to the subcontractors will not exceed the $235, 200 remaining on the contract with ' & W Clark Construction. Contractor' s Failure/River Intake Project October 19, 2001 Page 3 \Olif LEGAL IMPACT As this process is an exception to the Procurement Ordinance, pursuant to the Elgin Municipal Code, Section 5 . 02 . 020 B (6) , a two- thirds vote of the City Council (5 vot:s) is required with a finding by the City Council that an excep. ion to the requirements of the Procurement Ordinance is necessary :nd that this process is in the best interest of the City. ALTERNATIVES None . RECOMMENDATION It is recommended that the members of the City Council authorize the Water Department to proceed with comp eting Section II of the River Intake Project by dealing directly ith the sub-contractors on this project . t Respectfull submit , .04' 0 - J.yce A. Pa ker City Manage' LED:mg —City of Elgin Mayor Ed Schock Council Members Juan Figueroa Robert Gilliam Ruth Munson John Walters Stuart Wasllowskl Marie Yearman September 17, 2001 City Manager Joyce A. Parker FAXED AND SENT BY CERTIFIED MAIL R & W Clark Construction, Inc. 3252 W. 111th Street Chicago, IL 60655 Subject: Final Completion and Paym:•nt Issues I Attention: Mr. Richard Clark Dar Mr. Clark: .., Tie Work in this contract is still not complete. You were pireviously notified in writing on se eral occasions by our Engineer, Black & Veatch, that the S bstantial Completion Date of April 6, 2001 and the Final ompletion Date of May 3 were exceeded, and that work remained, . Liquidated damages, ag mentioned previously and as defin-d on Page 2 , Paragraph 3 ;2 of Section 00500, may apply. As of September 14, 2001 the liquidated damages total $159, 000 and this amount will continue to increase with each day e project is not completed. Also, you were requested to provide an updated schedule, partial waivers of lien, and the current sworn affidavits fclr subcontractors. No response has been received to date by either the city or by our engineer. ROI Clark is hereby notified to comd,lete the work in adcordance with the contract documeits within 10 calendar days from today. The contractor is . eferred to applicable pL..tions of the contract documents, particularly those related to project completion, liqu dated damages and termination of the contract. If' the contract work is not complet -d within the stated 10 • 150 Dexter Court • Elgin, I! 60120-5555 • Phone 847/93 -6100 • Fax 847/931-5610 • TDD 847/931.5616 • calendar days, the city will proceed ith action as defined iii the contract documents to ensure completion of the project. Please respond in writing indicating he actions to be taken b R&W Clark to complete this project If you have . any giestior_s, do not hesitate to contact us. Sincerely Your • c . � Pz.,6 DYry E. Delbert irector of Water Department cc: Peter Bityou, Water Operations DIgineer David Lawry, General Services Ma ager Paul R. Rom, B&V Robert D. Renfrow, B&V . it 1 • • • • . t 1 • ,(OF ¢` City of Elgin Agenda Item No. 44rED 10' E L October 19, 2001 rrll 1[111 G 111! 410 11 I Kiri SII TO: Mayor and Members of the City Council N 'n� b=, 01 8 FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, FROM: Joyce A. Parker, City Manager AND OUALIITYINFRASTRUCTURE SUBJECT: Amendment to the Agreement for :ngineering Services with Black & Veatch PURPOSE The purpose of this memorandum is to provi.e the Mayor and members of the City Council with information to .onsider an amendment to the agreement with Black & Veatch to provide for additional engineering services for River Intake . BACKGROUND On February 23, 2000, the City Council aw-rded a contract to R & W Clark Construction Inc. for the construction of Section II of the River Intake project . This section was for the construction of a new building to house the larger pota-.sium permanganate feed system, two new river water intake pumps and associate plumbing and electrical system. This contract called for substantial completion on April 6, 2001 and final co pletion on May 3 , 2001 . To date neither bench marks have been met . As a result of the contractor' s failure to complete his work in accordance with the contract, the engin-ering firm of Black & Veatch (project designer and constructiol phase management) has been required to extend their work effort . Black & Veatch' s additional work has been in reviewing n merous revisions of the contractor' s construction schedules, attending additional construction progress meetings, making periodic site visits to observe construction progress and coordin.te work with City staff. To accomplish this effort, Black & Veatch has exceeded the dollar amount of their contract awarded on Augus 25, 2000 . This amendment is to cover their additional cost up to $38, 500 . These costs when finalized will be withheld as liquidated damages from final payment to R & W Clark Constr ction Inc . due to their failure to meet contract obligations . River Intake October 19, 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTATED None. FINANCIAL IMPACT Black & Veatch is proposing a not to exce-d cost of $38, 500 should this project be completed in 2001 . It is anticipated that any and all expenditures under this contract a endment will be taken from unpaid dollars remaining in the R & W Clark Construction contract . This amendment will be charged to account number 399-4000-795 . 92-36, project number 409536 . LEGAL IMPACT \00,None. ALTERNATIVES rm. None. RECOMMENDATION It is recommended that the members of the City Council authorize the execution of an amendment to the a•reement for engineering services with Black & Veatch for a total of to exceed $38, 500 . Res ectfull4 submitted, Jo ce A. Pal ker City Manage.