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02-144 Resolution No. 02-144 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 5 TO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 5 to an Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc . for the Otter Creek Pumping Station, force main, influent sewer and Bowes Road interceptor sewer - upstream, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 24, 2002 Adopted: April 24 , 2002 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. 5 THIS AGREEMENT AMENDMENT NO. 5 entered into this 3 -day of,412e1Z 2002, 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, Amendment No. 3 dated 25 August 2000, and Amendment No. 4 dated 2 August, 2001, 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 Influent Sewer and Force Main, AND WHEREAS, the CITY desires the ENGINEER to provide construction-related services for the Influent Sewer and Force Main, AND WHEREAS, the CITY desires to include payments to the ENGINEER under the Agreement in conjunction with the construction of the Influent Sewer and Force Main. 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. — 1 — B A X T E W.4 WOODMAN ConsultingEngtneers 1 SECTION I.D. of the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, and AMENDMENT NO. 4,is hereby deleted and replaced with the following: D. The construction-related services to be performed under this Agreement shall 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 and Force Main project, ENGINEER's Project No. 020295. 4. Additional services for the Otter Creek Influent Sewer and • Force Main project, provided after the original construction contract final completion date, or in regards to warranty work by the Contractor. A detailed Scope of Services for the services described in the foregoing PARAGRAPHS D.1, D.2,D.3, and D.4 is attached hereto as Attachment A-2. SECTION IV.E. of the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, and AMENDMENT NO. 4, 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.4, 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 A X T E R - 2 - irB � _• WOODMAN Consulting Engineers 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 shall not 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 and Force Main 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 shall not exceed Seventy-One Thousand Three Hundred and Seventy-Seven Dollars ($71,377) unless this agreement is modified by a change order or amendment. 4. The ENGINEER's fee for the additional services described in Paragraph I.D.4 for the Otter Creek Influent Sewer and Force Main project shall be reimbursement for all actual direct employee compensation, overhead, and expenses plus a profit of ten (10)percent of the reimbursement amounts. SECTION IV. of the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2,AMENDMENT NO. 3, and AMENDMENT NO. 4,is hereby further amended to include the following PARAGRAPHS IV.K. AND IV.L.: K. A detailed fee breakdown for the additional services described in Paragraph I.D.3 is attached hereto as Attachment C-5. All other provisions of the AGREEMENT shall remain in full force and effect. - 3 - B A X T E R WOODMAN Consulting Engineers The changes as provided in this Amendment No. 5 Agreement are germane to the original contract as signed, as amended. 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, TLT.TNOIS By By Oil\ ` _ _. City Clerk ■'fy Man:ger (SEAL) For the ENGINEER: Dated this 21th day of March, A.D., 2002. ATTEST: BAXTER &WOODMAN, INC. By // ���� By �.�% � 5 Y Secretary President/CEO (SEAL) RWB:py 04/03/02 H:\PROJ\ELGNC\020295\Amend 5.doc iirB A X T E R -4 - • WOODMAN Consulting Engineers CITY OF ELGIN,ILLINOIS OTTER CREEK PUMPING STATION,INFLUENT SEWER,FORCE MAIN AND BOWES ROAD INTERCEPTOR SEWER-UPSTREAM ENGINEERING SERVICES AGREEMENT AMENDMENT NO.5 ATTACHMENT C-5 MANPOWER REQUIREMENTS AND COSTS SUMMARY FOR CONSTRUCTION-RELATED SERVICES OTTER CREEK INFLUENT SEWER AND FORCE MAIN ESTIMATED HOURS Resident Senior Project Engineer Representative Technician DESCRIPTION @$40/hr @$32/hr @$25/hr Total Cost 1. OTTER CREEK PUMPING STATION INFLUENT SEWER AND FORCE MAIN A. Project Management 24 $960 B. Drafting,Record Drawings 8 $200 C. Normal Shop Drawing Review 8 $320 D. General Construction Administration Construction Contract Documents 8 $320 Preconstruction Meeting 8 $320 Insurance 2 $80 Field Orders 8 $320 Pay Requests 16 $640 Review Test Results 2 $80 Periodic Progress Meetings 48 $1,536 Monitor Construction Schedule 4 $160 Notice of Acceptability of Work 2 $80 D. Work Change Directives and Change Orders 8 $320 E. Construction Issues Investigations 8 $320 F. Field Observation,Full Time 480 $15,360 G. Field Observation,Part Time 40 $1,280 H. Mileage(6,000 miles @$0.365 per mile) $2,190 TOTAL DIRECT LABOR COSTS 98 568 8 $24,486 OVERHEAD @ 165% $40,402 PROFIT @ 10% $6,489 TOTAL ENGINEERING FEES $71,377 B A X T E R 4 Attachment C-5 for ESA Amendment No.5 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-2 SCOPE OF SERVICES This Attachment A-2 includes the Scope of Services for construction-related services for the Otter Creek Pumping Station project, and the Otter Creek Pumping Station Influent Sewer and Force Main project. 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. B A X T E R 411I • WOODMAN Consulting Engineers Attachment A-2 2. 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. 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. B A X T E 4 WOODMAN Consulting Engineers Attachment A-2 3. 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. 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. I:\ELGNC\020295\Word\Attachment A-2 for ESA Amendment No.5.doc B A X T E R I WOODMAN Consulting Engineers .(� OF E4Ci /7/ ' M Q City of Elgin I g i n Agenda Item No. E L April 5, 2002 G ' TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Amendment No. 5 to an Agreement with Baxter & Woodman (B&W) for the Otter Creek Lift Station Force Main and Influent Sewer (OCLS-FM) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 5 to an agreement with B&W for construction-related engineering inspection services for the OCLS-FM Project . rft. BACKGROUND The original agreement with B&W ($207, 000) for the preparation of final plans, specifications, cost estimates and bidding assistance for the subject project was authorized by the City Council on August 23 , 1995 . Amendment No. 1 ($36, 492) , Amendment No. 2 ($27, 338) and Amendment No. 3 ($101, 380) added additional design services to the agreement with B&W to accommodate various changes to the original project concept and design. Amendment No. 4 ($285, 064) added construction engineering services to the agreement with B&W for construction of the lift station. A project location map is attached as Exhibit A. Amendment No. 5 ($73 , 377) will add construction engineering services to the agreement with B&W for the installation of the force main and influent sewer for the Otter Creek Lift Station. A copy of Amendment No. 5 is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Amendment No. 5/Otter Creek Lift Station April 5, 2002 Page 2 Y!1( FINANCIAL IMPACT Amendment No. 5 totals $73 , 377 and covers construction-related engineering services for the OCLS-FM Project . Funds for this amendment are budgeted in account number 380-4200-795 . 92-41, project number 339505 . A summary of the original contract and amendments with B&W are shown below: Original Agreement (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 Amendment No. 4 (OCLS Constr. Service) : $ 285, 064 Proposed Amndmnt No. 5 (OCLS Constr Ser) : $ 73 , 377 Total : $ 730, 651 The current budget totals $4 , 812 , 000 . To date, $806, 445 has been paid, with $2, 694, 340 currently encumbered, for a total of r $3 , 500, 000 . A bid of $534, 297 is also being considered on the April 10 City Council meeting agenda with Gluth Brothers Construction, Inc . With the award of this bid and approval of proposed Amendment No. 5 with B&W, total expenditures and commitments for this project will be $4, 108, 460 . h GAL IMPACT 1 None . ALTERNATIVES 1 . Approve Amendment No. 5 to the agreement with B&W. 2 . Do not approve Amendment No. 5 to the agreement with B&W and direct staff to solicit proposals from other firms . t, fe- Amendment No. 5/Otter Creek Lift Station April 5, 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve Amendment No. 5 with Baxter & Woodman in the amount of $73 , 377 and authorize staff to execute the necessary documents . Respectfully submitted, Olufemi Fo 'n Interim Cit Ma er SP:do Attachments