03-241 Resolution No. 03-241
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 8 TO AN AGREEMENT WITH
BLACK AND VEATCH CORPORATION FOR THE AIRLITE WATER TREATMENT
PLANT IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
Amendment No. 8 to an agreement on behalf of the City of Elgin with
Black and Veatch Corporation for engineering services for the
Airlite Water Treatment Plant Improvements - Section II, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schack, Mayor
Presented: September 10, 2003
Adopted: September 10, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AMENDMENT NO. 8
TO
AGREEMENT FOR ENGINEERING SERVICES
This contr t amendment is hereby made and entered into this 1.174 day of
. .: , 2003, by and between the City of Elgin, Illinois, a municipal
core ation (hereinafter referred to as "CITY"), and Black and Veatch Corporation
(hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement, dated
August 1, 1995 (hereinafter referred to as "AGREEMENT"), a copy of which is attached
hereto and made a part hereof as Attachment "A" by which CITY has engaged
ENGINEER to perform certain engineering services related to the evaluation and
design of upgrades and expansion of City's water treatment 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; August 25, 2000; and October 29, 2001, copies 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 the terms and provisions of this
contract modification agreement.
NOW, THEREFORE, in consideration of the mutual promises 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 under previous Amendment to the original
Agreement dated August 25, 2000 shall be amended to include the following
additional services. The additional services provided under this Amendment are
primarily a result of more than 10 months extension in completion of the construction
of the Airlite WTP Improvements, plus additional engineering services requested for
evaluation of flooring replacement under the construction project.
The additional Construction Phase Services and part-time Resident Engineering
Services resulting from the extension in the construction schedule of the WTP
improvements generally include the following:
• Additional project administration of the construction contract including
responses to requests for clarifications and/or interpretations of the contract
drawings.
Elgin,IL Amend No.8 Elgin Amend No 8 Rev3
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• Review of multiple revisions of the Contractor's construction schedule as a
result of the extended construction schedule.
• Review of additional Contractor's shop drawing submittals beyond the first
resubmittal.
• Attend additional construction progress meetings as a result of the extended
construction schedule.
• Additional periodic visits to the construction site to observe progress of the
work and coordinate work with CITY staff and Contractors.
• Additional part-time resident site visits to review corrective work and monitor
progress with the work.
The additional engineering evaluation services requested as a result of unforeseen
sub-floor deterioration of the existing floor systems at the Airlite WTP includes the
following:
• Evaluation of flooring replacement requirements and options for deteriorated
floor systems in the filter and administrative areas of the Airlite WTP.
The circumstances which necessitate this amendment to the AGREEMENT as provided
herein were not reasonably foreseeable at the time the contract 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 AGREEMENT, the CITY agrees to reimburse
the ENGINEER on the basis of 2.85 times the direct salary cost of personnel employed
for work associated with construction phase services, and part-time resident services
authorized by this Amendment, plus direct expenses at cost, plus subcontract billings
times 1.05. The maximum amount to be invoiced for construction phase and resident
services under this Amendment shall be increased Fifty-Three Thousand Five Hundred
Dollars ($53,500.00)
The CITY will not be obligated to reimburse the ENGINEER for costs incurred in
providing construction phase services and part-time resident services in excess of the
billing limit specified above, nor shall the ENGINEER be obligated to continue
performance under the AGREEMENT or otherwise incur costs in excess of that
amount, unless and until the CITY notifies the ENGINEER 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 billing limits have been increased,
any costs incurred by the ENGINEER in excess of the billing limits prior to their increase
shall be allowable to the same extent as if such costs had been incurred after the
increase in the billing limits was approved.
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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 n►4:�...� �_ BY
Dolonna Mecum
City Clerk
(SEAL)
For the ENGINEER:
Dated this /8 day of �c1 , A.D., 2003.
ATTEST: BLACK & -AT
By ►
David B. Hunt
Senior Vice President
Elgin,IL Amend No.8 Elgin Amend No 8 Rev2.doc
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ATTACHMENT C
Basis for Extended Engineering Services
The following is the basis for the extended construction phase and resident
services for the Airlite Water Treatment Plant Improvements, Contract No. 8.
The requested budget adjustment of$53,500 represents the difference between
contractual upper limits for construction phase and part-time resident services
and the projected total cost to complete the Airlite WTP Improvements project
based on additional services and effort relative the extended construction
schedule through the Final Completion date of June 11, 2003.
BASIS FOR EXTENDED ENGINEERING SERVICES
Engineering Contractual Requested Adjusted
Services Upper Limit* Budget Contract Upper
Adjustment Limit
CPS & RES $329,840 $53,500 $383,340
* The amount represents the contractual upper limit for construction phase
services including control system configuration services and part-time resident
services.
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S/G`
12 �y Agenda Item No. tR
City of Elgin _
4441 FED,;
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August 22, 2003 �I Ii I t
FINANCIALLY STABLE CITYGOVERNMENT
EFFICIENT SERVICES,
AND OU.UTY INFRASTRUCTURE
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager
Larry E. Deibert, Water Department Director
SUBJECT: Amendment No. 8 to the Agreement for Engineering
Services with Black & Veatch.
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
Amendment No. 8 to the Agreement with Black & Veatch to provide
additional engineering services for the Airlite Water Treatment
Plant (WTP) Improvements - Section II .
BACKGROUND
On July 26, 1995, the City Council authorized execution of a
contract with Black & Veatch to provide engineering plans and
specifications and additional engineering services for the
expansion of the Riverside plant and improvements to the Airlite
facility. The City has previously entered into agreements to
amend the original agreement . These amendments are as follows:
Amendment No. 1 included developing a water rate model as a tool
in performing a financial analysis and determining required
charges for water services .
Amendment No. 2 included the additional engineering services
related to bidding and pre-award of the Riverside Plant
Expansion and Airlite Plant Improvements .
Amendment No. 3 included bidding services for Airlite
Improvements -Section II, River Intake and Airlite Lagoons .
AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT
em- August 22, 2003
Page 2
Also included construction phase services for Riverside plant
expansion, River Intake, and Airlite Sludge Storage Lagoons.
Amendment No. 4 included construction services for Airlite WTP
Improvements - Section I .
Amendment No. 5 included additional construction phase services
related to the time extension granted to the general contractor
for the Riverside Plant Expansion.
Amendment No. 6 included the River Intake resident engineer
services, design, bidding, and construction services for Airlite
WTP Improvements - Section II .
Amendment No. 7 included extended construction services for
River Intake project .
On July 25, 2001 the Mayor and the City Council awarded a
contract for Airlite WTP Improvement - Section II to Seagren
rip. Construction. This contract called for substantial completion
by June 3 , 2002, and a final completion date of August 2, 2002 .
As a result of the contractor' s failure to complete his work in
accordance with the contract (over ten months beyond the
original schedule) , the engineering firm of Black & Veatch has
been required to extend their construction phase services and
part-time resident engineer services . Amendment No. 8 covers
these services: additional project administration of the
construction contract including responses to requests for
clarifications and/or interpretations of the contract drawings,
review of multiple revisions of the Contractor' s construction
schedule as a result of the extended construction schedule,
review of additional Contractor' s shop drawing submittals beyond
the first resubmittal, attendance at additional construction
progress meetings, additional periodic visits to the
construction site to observe progress of the work and coordinate
with City staff and contractor, and additional part-time
resident engineer site visits to review corrective work and
monitor work progress . The fee to complete the aforementioned
items totals $44 , 000 .
r
AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT
r- August 22, 2003
Page 3
Staff also requested that additional work totaling $9, 500 be
completed which was unrelated to the contractor' s failure
mentioned directly above.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
v* FINANCIAL IMPACT
The original budget for this project totaled $2 , 931, 700. To
date, excluding the proposed amendment No. 8, expenditures and
encumbrances total $2, 871, 442 for a difference of approximately
$60, 250 . Amendment No. 8 is $53, 500 . This will bring the total
amount for engineering fees to $521, 940 . The original
construction phase fees for Black & Veatch were $468, 440 .
A total of $44, 000 will be withheld from the contract with
Seagren Construction as liquidated damages due to the
eip- contractor' s failure to complete the work as specified in the
contract (more than 10 months delay) and additional shop
drawings resubmittal review as described above. The remaining
$9, 500 was related to work requested by City staff and can be
funded from the original project budget .
0\")1V EGAL IMPACT
None
ALTERNATIVES
1 . The Council may choose to authorize amendment No. 8 .
2 . The Council may choose not to authorize amendment No. 8 .
r
.......
AMENDMENT NO. 8 TO BLACK & VEATCH AGREEMENT
August 22, 2003
Page 4
RECOMMENDATION
It is recommended that the City council authorize the execution
of amendment No. 8 to the engineering services with Black &
Veatch for a total amount of $53, 500 .
Respectfully submitted for Council consideration.
LED/PLB
Attachment