04-139 Resolution No. 04-139
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT
WITH BAXTER& WOODMAN, INC. FOR THE
LINCOLN/DOUGLAS SEWER SEPARATION PROJECT
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. 1 to an Agreement on behalf of the City of Elgin with Baxter&
Woodman,Inc. for the Lincoln/Douglas Sewer Separation Project,a copy of which is attached hereto
and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 26, 2004
Adopted: May 26, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
City of Elgin,Illinois
Lincoln/Douglas Sewer Separation Project
AGREEMENT
AMENDMENT NO. 1
THIS AGREEMENT IS HEREBY, made and entered into this v?6 day of MA-x',
2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter
referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois corporation (hereinafter
referred to as"ENGINEER"),shall modify that Agreement dated 11 March 2003(hereinafter
referred to as"Agreement"),whereby the ENGINEER was engaged by the CITY to perform
certain professional services in connection with the preliminary design, final design and
bidding related engineering work on the Lincoln/Douglas Sewer Separation Project,
(hereinafter referred to as the "PROJECT").
WHEREAS the payment to the ENGINEER for construction related services for the
Lincoln/Douglas Sewer Separation Project 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"Project"; and
WHEREAS, the parties hereto desire to amend Agreement to provide for such
additional services and payments.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties
hereto hereby agree to amend Agreement as follows:
SECTION 4 of the Agreement is hereby replaced in its entirety with the following:
4. PAYMENTS TO THE ENGINEER
A. For services provided, the ENGINEER shall be reimbursed at the
ENGINEER's Standard Hourly Fees in effect at the time that the
service is provided. The total fee will not exceed$201,000 regardless
HAPROJ\ELGNC\021193.60Wmend 1.doc
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B A X T E
WOODMAN
Consulting Engineer
of the actual costs incurred by the ENGINEER unless substantial
modifications to the scope of work are authorized in writing by the
CITY. A copy of the ENGINEER's Hourly Fees and Expense Items
for Professional Services is attached hereto as Attachment C.
B. For outside services provided by other firms or subconsultants, the
CITY shall pay the ENGINEER the invoiced fee to the ENGINEER.
Any such fees are included in the above-referenced amount of
$201,000.
C. The CITY shall reimburse the ENGINEER for expenses including
travel and out-of-pocket expenses. Such reimbursable expenses are
included in the above-referenced amount of$201,000.
D. The CITY shall make periodic payments to the ENGINEER based
upon actual progress within 30 days after receipt and approval of
invoice. Said periodic payments to the ENGINEER shall not exceed
the amounts shown in the following schedule, and full payments for
each task shall not be made until the task is completed and accepted
by the DIRECTOR.
Completed Phases Cumulative Amount
Initiation and Investigative $138,099
Initiation, Investigative and Design $197,239
Bidding $201,000
E. The ENGINEERS' fee for the construction related services for the
Lincoln/Douglas Sewer Separation Project 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
$194,000,ENGINEERS' Project No. 021193.60.
1. The compensation set forth in Paragraph E above does 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
H:UPROJ\ELGNCCO21193.60\Amend 1.doc
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BAXTER
4
WOODMAN
Consulting Enginesi
compensation for engineering services set forth in Paragraph
E 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.
2. The compensation set forth in Paragraph E does 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
within the warranty time stated in the Construction Contract
Documents.
All other provisions of the Agreement shall remain in full force and effect.
HAPROJ\ELGNC\021193.60\Amend 1.doc
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WOODMAN
Consulting Engineers
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
By147414-v—Q_ By
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this /3 day of //J , A.D., 2004.
ATTEST: BAXTER &WOODMAN, INC.
By / I11,Z A4. By 4* if'
Secretary Vice President
(SEAL)
LDH:py 05/13/04
HAPROJ\ELGNC1021193.60\Amend 1.doc
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B A X T E R
1
WOODMAN
Consu/(ing Engineers
0 OF E�
` Agenda Item No.
City of Elgin
17.
TC i)10'
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',
111
May 21, 2004 tai ' � '
� �GiAr 111
N r0 a
TO: Mayor and Members of the City Council
FINANCIALLY STABLE CITY GOVERNME NT
EFFICIENT SERVICES.
FROM: David M. Dorgan, City Manager AND C2UALITYINFRASTRUCTURE
John M. Loete, Public Works Director
SUBJECT: Amendment No. 1 to the Engineering Services Agreement with
Baxter& Woodman (B&W) for the Lincoln/Douglas Sewer Separation Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 1 to an agreement with B & W for construction related
engineering inspection service for the Lincoln/Douglas Sewer Separation Project.
RECOMMENDATION
It is recommended that City Council approve Amendment No. 1 in the amount of$194,000 with
Baxter&Woodman and authorize staff to execute the necessary documents.
BACKGROUND
At its meeting on February 12, 2003, the City Council authorized an agreement with B&W
($201,000) for design engineering for the completion of plans, specifications and bid documents
for the Lincoln/Douglas Sewer Separation Project. As is normal practice, it was planned at the
time of that approval to amend the agreement for construction inspection services once the scope
of the construction project was clearly defined. Amendment No. 1 ($194,000) will add the
construction engineering services to the original agreement with B&W for the subject project.
The Lincoln/Douglas Sewer Separation Project will provide for a new storm sewer system on
Douglas Ave. and Ann St. to separate the current combination storm/sanitary sewer. The
existing combination sewer line will be utilized as a sanitary sewer only. The award of the
construction contract was awarded at the May 12th meeting.
A project location map is attached as Exhibit A. A copy of Amendment No. 1 is attached as
Exhibit B.
Amendment No.1-Lincoln/Doulas Sewer Separation
May 21, 2004
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
ILFINANCIAL IMPACT
Amendment No. 1 totals $194,000 and covers all construction related engineering fees for the
(./ Lincoln/Douglas Sewer Separation project. Funds are available in the sewer portion of the 1999
and 2000 General Obligation Bond sale, account numbers 399-4200-795.92-41 and
380-4200-795.92-41, project number 339662, Lincoln/Douglas Sewer Separation in the amount
of $48,651.24 and $5,247.20 respectively. Additional funds are available in account number
430-4202-772.93-90, project number 339055, 2003 Annual Sewer Repairs in the amount of
$62,474.60. The balance of the needed funding, $77,626.96, is available in account number
275-0000-791.93-80, project number 339795, 2004 Neighborhood Storm Sewer Repairs. The
total not-to-exceed contract with B& W will now be $395,000.
LEGAL IMPACT
)/14WNone.
ALTERNATIVES
1. Approve Amendment No. 2 to the agreement with B & W.
2. Do not approve the amendment.
Respectfully submitted for Council consideration.
(do)
Attachments
EXHIBIT A
Location Map
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EXHIBIT B
Amendment No. 1
City of Elgin, Illinois
Lincoln/Douglas Sewer Separation Project
AGREEMENT
AMENDMENT NO. 1
THIS AGREEMENT IS HEREBY, made and entered into this day of
2004, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter
referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois corporation (hereinafter
referred to as "ENGINEER"), shall modify that Agreement dated 11 March 2003
(hereinafter referred to as "Agreement"), whereby the ENGINEER was engaged by the
CITY to perform certain professional services in connection with the preliminary design,
final design and bidding related engineering work on the Lincoln/Douglas Sewer
Separation Project, (hereinafter referred to as the"PROJECT").
WHEREAS the payment to the ENGINEER for construction related services for
the Lincoln/Douglas Sewer Separation Project was not included in the Agreement;
and
rik 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 "Project"; and
WHEREAS, the parties hereto desire to amend Agreement to provide for such
additional services and payments.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties
hereto hereby agree to amend Agreement as follows:
SECTION 4 of the Agreement is hereby replaced in its entirety with the
following:
4. PAYMENTS TO THE ENGINEER
A. For services provided, the ENGINEER shall be reimbursed at the
ENGINEER's Standard Hourly Fees in effect at the time that the
H:\PROJ\ELGNC\021193.60\Amend I.doc
- 1 -
service is provided. The total fee will not exceed $201,000
regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of work are authorized in
writing by the CITY. A copy of the ENGINEER's Hourly Fees
and Expense Items for Professional Services is attached hereto as
Attachment C.
B. For outside services provided by other firms or subconsultants, the
CITY shall pay the ENGINEER the invoiced fee to the
ENGINEER. Any such fees are included in the above-referenced
amount of$201,000.
C. The CITY shall reimburse the ENGINEER for expenses including
travel and out-of-pocket expenses. Such reimbursable expenses
are included in the above-referenced amount of$201,000.
D. The CITY shall make periodic payments to the ENGINEER based
upon actual progress within 30 days after receipt and approval of
invoice. Said periodic payments to the ENGINEER shall not
exceed the amounts shown in the following schedule, and full
payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Completed Phases Cumulative Amount
Initiation and Investigative $138,099
Initiation, Investigative and Design $197,239
Bidding $201,000
E. The ENGINEERS' fee for the construction related services for the
Lincoln/Douglas Sewer Separation Project 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 $194,000, ENGINEERS' Project No.
021193.60.
1. The compensation set forth in Paragraph E above does not
include any engineering services after the original
H:\PROJ\ELGNC\021193.60\Amend I.doc
1` - 2 -
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
Paragraph E 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.
2. The compensation set forth in Paragraph E does 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 within the warranty time stated in the Construction
Contract Documents.
All other provisions of the Agreement shall remain in full force and effect.
H:\PROJ\ELGNC\021193.60\Amend I.doc
- 3 -
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 By
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this day of , A.D., 2004.
ATTEST: BAXTER &WOODMAN, INC.
By By
Secretary President/CEO
(SEAL)
LDH:py 05/12/04
H:\PROJ\ELGNC\021193.60\Amend 1.doc
- 4 -
�y OF Et.. Agenda Item No.
3
§ - City of Elgin
May 7, 2004
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager #
John M. Loete, Public Works Director
SUBJECT: Bid No. 04-029, Lincoln/Douglas Sewer Separation Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a bid award for the Lincoln/Douglas Sewer Separation Project.
RECOMMENDATION
It is recommended that City Council award the subject project to Mola Construction Co., Inc. in
the amount of$1,744,154.40.
BACKGROUND
The City has an Illinois Environmental Protection Agency(IEPA) permit for the operation of its
combined stonii/sanitary sewer overflows. The Operations Plan that is part of that permit
identifies the Lincoln/Douglas overflow as a system that must be separated by 2005. The subject
bid award will provide for the construction of a new storm sewer system on Douglas Ave. from
Cooper Ave. to Ann St. and on Ann St. from Douglas Ave. to the Fox River. Repairs will be
made to the existing sewer main which will then function as a sanitary sewer only. In addition,
Ann St. from N. Grove St. to its western terminus will be reconstructed. A project location map
is attached as Exhibit A.
Notices were published in the Courier News on February 20 and 21, 2004. The bids for the
subject project were opened publicly on March 16, 2004. There were 12 bidders for the project,
with Mola Construction Co., Inc. of Wheaton, IL submitting the low bid. A copy of the letter of
recommendation to award from Baxter & Woodman, the firm hired by the City to provide
project engineering, is attached as Exhibit B. A bid tabulation is included in this letter.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Lincoln/Douglas Sewer Separation
May 7, 2004
Page 2
01)FINANCIAL IMPACT
The bids received ranged from a low bid of$1,744,154.40 to the high bid of$3,331,907.18. The
engineer's estimate for the project is $2,013,000.
Funds are budgeted in the amount of $2,000,000 for the design, construction inspection and
construction of the Lincoln/Douglas Sewer Separation Project, project number 339662. Funds
for this bid award are available in the following accounts:
Account Number Budget Balance Available
380-4200-795.92-41 $ 570,000.00 $ 569,401.60
383-4200-795.92-41 $1,180,000.00 $1,180,000.00
399-4200-795.92-41 $250,000.00 $48,651.24
TOTAL $2,000,000.00 $1,798,052.80
The subject construction contract with Mola Construction Co., Inc. will total $1,744,154.40 and
be charged to the first two account numbers above. The balance of the funding will be used for
the amendment to Baxter and Woodman's agreement with the City to add construction
administration and inspection services on the project. This item is also on the May 12th agenda
as a separate item for Council consideration.
vp/i/LEGAL IMPACT
None
ALTERNATIVES
1. Award the contract to Mola Construction Co., Inc.
2. Reject all bids and do not award the contract at this time.
Respectfully submitted for Council consideration.
(do)
Attachments
I
EXHIBIT A
Location Map
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EXHIBIT B
Award Recommendation
BAXTERc 0 py
.$,
4
WOODMAN April 19, 2004
Consulting Engineers Mayor and City Council C E A u (2 '
City of Elgin LI u �+
150 Dexter Court
Elgin, Illinois 60120-5555 APR 2 0 2004 J
Attention: John Loete
CITY OF ELGIN
PUBLIC WORKS DEPT.
Subject: Elgin—RECOMMENDATION TO AWARD-
Lincoln/Douglas Sewer Separation Project
Dear Mayor and Council:
The purpose of the Lincoln/Douglas Sewer Separation Project is to eliminate the
overflow connection to the Lincoln Avenue storm sewer at the combined sewer
junction chamber at Lincoln Avenue and Douglas Avenue. In order to
accomplish this, a new storm sewer must be constructed to transport the storm
water flow that is currently being transported by the combined sewer on Douglas
Avenue. When the new storm sewer is in place, the combined sewer that extends
from River Bluff Road to Symphony Way will transport sanitary sewage only.
The following bids were received for the Project on March 16, 2004:
Bidder Amount of Bid
Mola Construction Co., Inc. $1,744,154.40'
Wheaton, Illinois
Getdown Underground, Inc. $1,833,562.50
Batavia, Illinois
Bolder Contractors, Inc. $2,101,961.95
Deerfield, Illinois
•
Martam Construction, Inc. $2,122,942.751
Elgin, Illinois
Gluth Bros. Construction, Inc. $2,160,214.25
Woodstock, Illinois
8678 Kiclgclickl Koacl
(:rymal Lake. 11.1)0012
815.459.1260
Fax 815.455.0450
in fo6baxwood.con(
BAXTER
Pr%
r 1
WOODMAN April 15, 2004
Page 2
Consulting Engineers 021193
Patnick Construction, Inc. $2,255,859.00
Elgin, Illinois
Elmwood Enterprises, Inc. $2,326,875.801
Lakemoor, Illinois
Glenbrook Excavating & Concrete, Inc. $2,412,989.50
Prairie View, Illinois
Civil Contractors &Engineers, Inc. $2,526,831.00
Morton Grove, Illinois
Benchmark Construction Co., Inc. $2,618,230.00
Bartlett, Illinois
Kovilic Construction Co., Inc. $2,929,451.15
Franklin Park, Illinois
Trine Construction Corporation, Inc. $3,331,907.78
Wheaton, Illinois
' Arithmetic corrections by Baxter&Woodman,Inc
Our pre-bid opinion of probable construction cost for this Project was $2,013,000.
Because the City Engineering staff had no previous working knowledge of Mola
Construction Company, Inc. (MCCI), and because of the sensitivity of the project,
the staff requested that we conduct an investigation of the company's
qualifications and manpower to ascertain if they were qualified to complete this
complicated project. They also requested a Pre-Award Meeting be held with the
contractor prior to our issuing of a letter of recommendation.
The results of the qualification investigation indicate that MCCI is highly
qualified to complete the underground portion of the work. But, their
performance on project organization and construction site cleanup and restoration
has been an issue on past projects. All their bonding and insurance requirements
meet current standards. We also learned that MCCI has recently been awarded a
project by the City's Water Department for a water project concerning an
interconnection with the Village of Bartlett.
BAXTER•
PP;
WOODMAN April 15, 2004
Page 3
Consulting Engineers 021193
A Pre-Award Meeting was conducted with the Village of MCCI, our staff, and
Steve Pertzborn on April 14, 2004. Steve and our staff outlined the project, and
stressed the key points that the City and our field representatives will be
demanding of MCCI during the course of the Project.
Based upon the results of the investigation of the qualifications of MCCI, and our
past working relationship with MCCI, we believe that MCCI is qualified to
complete the Project. The City staff and our construction services team are
prepared to closely monitor MCCI's project organization and site cleanup and
restoration work.
The bid received is 13 percent below the Engineer's Opinion of Probable Cost,
and we recommend that you award the project to Mola Construction Co., Inc. as
the lowest responsive, and responsible bidder in the amount of$1,744,804.40.
Please advise us of your decision.
The original set of Bid Documents and a copy of our Bid Tabulation were sent to
the City on March 17, 2004, after we had completed our review of the bids. The
qualification investigation package was provided to Steve Pertzborn during the
Pre-Award meeting conducted at our office on April 14, 2004.
Very truly yours,
BAXTER &WOODMAN, INC.
CONS ING ENGINEE
44J-W
Darrel R. Gavle, P.E.
DRG:mk
C: Steve Pertzborn, P.E.
H:\PROJ\ELGNC\021193\Ltr of Rec To Award Lincoln Douglas.doc