02-339 Resolution No. 02-339
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH
BAXTER & WOODMAN, INC . FOR THE BOWES ROAD INTERCEPTOR SEWER
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 an Engineering Services Agreement on behalf of the City
of Elgin with Baxter & Woodman, Inc . for construction related
inspection services for the Bowes Road Interceptor Sewer,
Phase 1B-Part B, a copy of which is attached hereto and made a
part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 23 , 2002
Adopted: October 23 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN, ILLINOIS
BOWES ROAD INTERCEPTOR SEWER—PHASE 1B
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 2
THIS AGREEMENT, made and entered into this _ day of , 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 April 19, 1999, as amended by
Amendment No. 1 dated June 29, 2001, 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 B 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:
W. 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 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
1 _ B A X T E R
WOODMAN
Consulting EnTneera
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 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.
F. The ENGINEERS' fee for the construction related services for the
Bowes Road Interceptor Sewer — Phase 1B — Part B shall be a
reimbursement for all actual direct employee compensation,
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X Too E
4111
WOODMAN
Consulting Eng nerrs
overhead, and expenses plus 14 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$233,000, ENGINEERS' Project No. 020314.
1. The compensation for engineering services set forth in
Paragraphs E and F above do 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 Paragraphs E and F above do
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 Paragraphs
E and F 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 Paragraphs E and F do 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
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BAXTER
411.
WOODMAN
Consulting Engineers
within the warranty time stated in the Construction Contract
Documents.
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
11' '411111111 .
By &43.4.,...tc ,c,c..._ By ��_ — M
City Clerk City _ anager
(SEAL)
For the ENGINEER:
ft
Dated this7 day of i6 &, A.D., 2002.
ATTEST: BAXTER & WOODMAN,INC.
B
Y
Secretary President/CEO
(SEAL)
LDH:rp 05-28-02
H:\PROAELGNC\010389\ENGRSERVAmend 2.doc
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411I 4
WOODMAN
Consulting Engtnens
¢0rs �"§ Agenda Item No.
City of Elgin
��,,,,„L f,,°�' E i �
October 4, 2002 #1jl1 Fr,Ji 0
X11
TO: Mayor and Members of the City Council FINANCIALLY STABLECITYGQ4ERNMENT
EFFICIENT SEFNICES,
AND QUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Amendment No. 2 to an Agreement with Baxter & Woodman
for Construction Related Inspection Services for the
Bowes Road Interceptor Sewer-Phase 1B-Part B
(BRIS-IB-B)
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
ril‘ Amendment No. 2 to an agreement with Baxter & Woodman (B&W) for
construction related engineering inspection services for the
BRIS-1B-B Project .
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 . At its meeting on June 13 , 2001, the City Council
authorized Amendment No. 1 for construction engineering services
for Part A of the project . Amendment No. 2 will add
construction engineering services to the agreement with B&W for
Part B of the BRIS-1B project .
Part B of the project will extend the interceptor sewer from the
east end of Bowes Road in the Fox Bluff Corporate Center an
additional 5000 L. F. east to the FRWRD treatment plant east of
IL Route 31 . The contract for construction of Part B was awarded
to Benchmark Construction at the September 25, 2002 Council
Meeting. A project location map is attached as Exhibit A. A
copy of Amendment No. 2 is attached as Exhibit B.
r
Amendment No. 2 to an agreement with Baxter & Woodman
October 4 , 2002
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Ofk-2141
ANCIAL IMPACT
Amendment No. 2 totals $233, 000 and covers all construction
related fees for the BRIS-1B-B project . Funds are available in
the Sewer Development Fund, account number 440-0000-772 . 92-41,
project number 339593, for this amendment . The original
agreement with B&W totaled $170, 300 . Amendment No. 1 totaled
$112 , 000 . The total not-to-exceed contract with B&W will now be
$515, 300 .
A/ LEGAL IMPACT
None
ALTERNATIVES
1 . Approve Amendment No. 2 to the agreement with B&W.
2 . Do not approve the amendment .
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2
in the amount of $233 , 000 with Baxter & Woodman and authorize
staff to execute the necessary documents .
Respectfully submitted,
illk '4' --. 4*..04.41......
Olufemi F• grin '
Interim Ci - • _ •er
SP:do
Attachments
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