07-284 Resolution No. 07-284
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT
WITH BURNS & McDONNELL ENGINEERING COMPANY, INC.
(Lime Residue Disposal Main Project)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a First Amendment Agreement on behalf of the City of Elgin with Burns &
McDonnell Engineering Company,Inc.for the Lime Residue Disposal Main Project,a copy of which
is attached hereto and made a part hereof by reference.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tern
Presented: November 28, 2007
Adopted: November 28, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
_s/Diane Robertson
Diane Robertson, City Clerk
FIRST AMENDMENT AGREEMENT
h's Trost Amendment Agreement is hereby made and entered into this ( ` k day of
��� , 2007, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an
Illinois corporation(hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated March 8th, 2006
(hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached hereto and
made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain
engineering services related to the design of the CITY's Waste Disposal Main from Riverside
Water Treatment Plant to McLean Lime Residue Disposal Facility (hereinafter referred to as
"PROJECT"); and,
WHEREAS, the parties hereto have each determined it to be in their best interests to further
amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this
contract amendment; and,
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed;
the changes contemplated by this First Amendment Agreement are germane to the ORIGINAL
AGREEMENT as signed; and this First Amendment Agreement is in the best interests of the
CITY and is authorized by law.
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 as
follows:
A. The above recitals are hereby incorporated into and made a part of this First
Amendment Agreement.
B. Section I.A of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "ENGINEER shall also perform
additional services for the PROJECT, to include preliminary and final design
engineering services, as described in the Scope of Services attached to the First
Amendment Agreement to this Engineering Services Agreement as Attachment B and
incorporated herein by this reference. No Supplemental Services shall be performed
by the ENGINEER nor shall the CITY be responsible for the payment of any such
Supplemental Services unless and until such Supplemental Services are authorized in
advance and in writing by the CITY."
C. Section I.B of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "Construction phase services described in
Attachment B to the First Amendment Agreement shall be awarded separately at the
time of construction."
First Amendment Agreement
Joint Waste Disposal Main
1
D. Section III. A of the ORIGINAL AGREEMENT is hereby amended to by adding the
following text to the end thereof: "The CITY shall pay the ENGINEER for its
services pursuant to Attachment B to the First Amendment Agreement an additional
lump sum fee of One Hundred Fifty Eight Thousand Five Hundred Dollars
($158,500), regardless of the actual costs incurred by the ENGINEER unless
modifications to the scope of the work are authorized in writing by the CITY.
E. Section III is hereby amended by adding the following additional text to the end
thereof as subparagraph D: "Cost allocation between the City of Elgin and the Fox
River Water Reclamation District shall be presented in Attachment C to the First
Amendment Agreement, incorporated herein by this reference."
F. The CITY shall pay the aforementioned payment to the ENGINEER upon the
following basis:
Monthly invoices based upon progress reports that clearly identify services provided and
their value for the month being invoiced; and a summary of all services provided and the
total fee earned by the ENGINEER to date.
G. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect
except as specifically modified herein; provided, however, that all payment
provisions and service provisions of ORIGINAL AGREEMENT are superseded and
replaced as provided herein. This provision shall not constitute a waiver of any rights
to enforce any provisions of ORIGINAL AGREEMENT.
First Amendment Agreement
Joint Waste Disposal Main
2
.
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 TY OF ELGIN
By: �� t vY s� l.ou. - By:
Diane Robertson 0 u em' Foiarin
City Clerk City M. 'age
(SEAL)
For the ENGINEER:
Dated this day of , A.D., 2007.
ATTEST:
de.By: Q - / ' ' By:
Project M ag �%r�
ager Vice Preside
First Amendment Agreement
Joint Waste Disposal Main
3
ATTACHMENT B
SCOPE OF SERVICES
Burns & McDonnell staff will work closely with the City of Elgin (City) and the Fox River Water
Reclamation District (FRWRD), hereinafter referred to as the "Client", to achieve the objectives of the
project. The scope of work for the project is presented in the following paragraphs:
TASK 1 — Preliminary Design
Task la:-Meet with Client and Obtain Records
Burns&McDonnell will initiate a project kick-off meeting to meet with the Client to establish lines
of communication and to obtain available information that will assist in performing the work. As part
of the kick-off meeting Burns&McDonnell will identify and discuss any constraints that may exist in
performing the work, other known scheduled projects or plans that might be impacted,contractor
work, site restrictions and limits to the work area, scheduling of contractor deliveries and storage of
materials,contract deliverables,project schedule and other issues which should be addressed in the
construction documents. Prior to the meeting we will submit a Request for Information to the Client
identifying information and data that the Client may have that will assist us completing the work.
Information requested will include,but not necessarily be limited to:
• Copies of Existing Water Facility Information
• Site Layouts
• Standards for Installation of Water Mains and Appurtenances
• Utility Atlases
• Records of Known Areas of Potential Hazardous Impacts
• Relevant Information regarding any Preferred Routing Alignments
Task 1b:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of Task 1 a,Burns&McDonnell will
perform site survey and easement review for potential routes for the new waste disposal line from the
location where it diverges from the City of Elgin waste disposal line to the FRWRD facility. Prior to
performing the survey,Burns&McDonnell will develop several alternative routes for consideration
by the Client. A meeting will be requested with the Client to review preliminary routing alternatives.
This will be done to minimize survey field efforts by eliminating proposed waste disposal main routes
not acceptable to the Client.
Following completion of the alternative routing meeting with the Client,Burns&McDonnell will
perform a topographic field survey of the routing alignments being considered. The survey will
include topographic and landscaping features, as well as the location, depth, size, and materials of
construction of field located utilities identified to be in potential conflict with the new waste disposal
main. The survey will establish horizontal and vertical control points and a coordinate system that
can be used for future design/construction surveys. Field data will be collected as necessary for the
preparation of the construction contract documents. Available easement information will be reviewed
and preparation of easement descriptions and plats of survey will be developed as required for the
Project.
Utility Coordination: As part of this task Burns&McDonnell will contact J.U.L.I.E and request
maps of existing utilities located on and in the vicinity of the planned project site. This information
will be reviewed for potential conflicts. If needed,mitigation measures will be presented to the Client
in the Basis of Design Memoranda.
Hydraulic Modeling: As part of this task Burns&McDonnell will perform hydraulic modeling of
the proposed alternative routes and the piping configuration at the FRWRD Water Treatment Plant.
This information will be used in selection of the alternative for final design.
Task 1c: Preparation of Base Drawings
Upon completion of Task lb,Burns&McDonnell will download data obtained from the field survey
to develop base drawings for the Project. Information obtained from the utility coordination activities
will be added to the base drawings. We believe that this task should be based on field survey data and
not data from GIS and aerial surveys. GIS data and aerial survey data will be used in the
development of alternative routings completed as part of Task lb. Base drawings will be developed
in plan&profile format for the new waste disposal line using AutoCAD at a scale acceptable to the
Client. Additional survey will be performed, if necessary,to complete the preparation of the base
drawings.
Soil Borings and Analysis: As part of this Task 1 c, Burns&McDonnell will identify appropriate
soil boring locations,commission the soil borings and soils analyses required for the project. This
information will be used in development of a geotechnical report that can be used in finalizing the
design of the Project.
Task 1d: Design Memoranda&Preliminary Designs and Plans
Upon completion of Task lc, Burns&McDonnell will develop a Basis of Design Memorandum and
Preliminary Design Drawings and Plans for the Project. The Basis of Design Memorandum and
Preliminary Design Drawings and Plans will be submitted to the Client for review and comment. We
anticipate that one meeting at the FRWRD Treatment Plant will be held to discuss review comments
from Client personnel. Client comments will be incorporated into the Basis of Design Memorandum
and the Preliminary Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans will used as the basis for the Final Design.
TASK 2 - Final Design
Task 2a-Prepare Design Documents
Upon completion of Task 1 d,Burns and McDonnell will proceed with the development of
Construction Bid Documents. This task will include:
• Acquisition of additional survey or data required to complete the design documents.
• Development of detailed design documents including drawings and specifications.
These documents will be developed taking into consideration Client procurement
requirements including,but not necessarily limited to, Instructions to Bidders,
Advertisement for Bid, General Conditions, Special Conditions,Bid Forms, Insurance
Requirements, Performance and Payment Bonds and Contract Documents.
• Design Drawings will be developed in AutoCAD and the Project Manual will be
developed in MS-Word.
Based on discussion with the Client two sets of design documents will be developed to allow for
separate bids and awards for a Phase I Construction Project and a Phase II Construction Project.
Burns&McDonnell has completed several project designs for the City of Elgin and is familiar with
the general format of the Project Manual required by the Client.
Task 2b—Review of Drawings and Documents
Burns&McDonnell will make submittals of the Design Documents being developed in Task 2a to
the Client for review and comment at the 75%, 95%, and 100% stages of completion. Burns&
McDonnell anticipates that one meeting at the Client's office in the City of Elgin will be required to
review the comments for each of the submittal stages.Burns &McDonnell will prepare a disposition
of comments document following Client review to document the resolution of the comments.
Modifications to the design documents will be made based on the resolution of the comments at the
review meeting and following concurrence from the Client regarding the disposition of comments.
The detailed design documents will include, at a minimum,those items required in Task 2b of the
RFP.
Task 2c—Perform Quality Control of Design
Technical Quality Control is a fundamental principle of Burns&McDonnell's six step Quality
Assurance Program. Burns&McDonnell will implement its six-step Quality Assurance Program for
this project. A detailed technical quality assurance review will be performed by independent Burns&
McDonnell senior staff that are not members of the day-to-day project team. Quality assurance
comments and responses will be made available to the Client upon request.
Task 2d—Discuss Design with City and Finalize Design Documents
Burns&McDonnell will provide six sets of the 100%design documents to the Client for Final
Review. Burns &McDonnell will coordinate and participate in a meeting with the Client to present
and discuss the design documents. The meeting will include presentation of the drawings,
specifications and procedures developed for the Project. Any proposed revisions will be presented to
the Client. Following disposition of the review comments from the meeting the design documents
will be finalized and issued for bid.
Twenty Five sets of final documents will be provided to the Client for bidding purposes.
Task 2e—Prepare Opinion of Probable Construction Costs
Burns&McDonnell will submit an Engineer's Opinion of Probable Construction Cost with each
design submittal included in Task 2. The cost will be submitted in a format acceptable to the Client.
Task 2f—Assist Client with Permit Applications
Burns&McDonnell will assist the Client in the preparation of permit applications to the Illinois
Environmental Protection Agency, the Illinois State Division of Waterways,Kane County and any
other governmental agencies that have a regulatory interest in the project,and provide other services
required to secure permit approval. As part of the applications we will submit complete sets of the
Final Design Drawings and Specifications to applicable regulatory agencies as required.
TASK 3 - Bidding Services
Burns&McDonnell anticipates that Phase I and Phase II of the Project will be bid independently.
We will provide the following services to the Client for each of the two bid phases included in the
Project.
Task 3a—Assist FRWRD with Bidding Phase
Burns&McDonnell will provide bidding assistance to the Client that will include receiving bidder
questions and requests for clarification, responding to questions in writing and preparation of addenda
as necessary. Addenda will be submitted to the Client for distribution to the prospective bidders.
Task 3b-Assist FRWRD with Bid Review and Contract Award
Burns&McDonnell will attend the Bid Opening and will assist the Client in reviewing and
evaluating bids and bidders to determine if the bids were submitted in accordance with the contract
documents and to determine if the bidders are qualified to perform the work. Upon completion of
the review and evaluation we will make recommendations to the Client concerning the award of the
construction contracts. This task will include the development and review of bid tabs,completeness
of bid submittals, and reference checks as requested by the Client. We will assist the Client in
preparation of conforming copies of contracts. Assistance will be provided in facilitating the
execution of the contracts and in the review of contract related documents provided by the successful
bidder.
As part of Task 3b, Burns&McDonnell will coordinate and participate in a pre-construction meeting
with the Client and the Contractor. The agenda for the pre-construction meeting will include,but not
necessarily be limited to, introduction of project personnel representing the Contractor, Engineer and
the Client; establishment of lines of communication, review and establishment of procedures for
submittals,the project schedule and other administrative requirements for the Project.
ATTACHMENT C
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
WASTE DISPOSAL MAINS PROJECT
ALLOCATION OF DESIGN FEE
DESIGN FEE
Burns & McDonnell's fee for design of the City of Elgin and Fox River Water Reclamation District Waste
Disposal Mains is $326,345.00. This fee includes $167,845.00 in the original agreement between Burns &
McDonnell and the City of Elgin dated March 8, 2006 and $120,000.00 for inclusion of the waste disposal
main for the Fox River Water Reclamation District and $38,500 for additional bidding and contract support.
The allocation of fees for the design is as follows:
City of Elgin Fee:
1. Design Fee for new City of Elgin 14-inch-diameter lime sludge disposal main and in common alignment
with the Fox River Water Reclamation District sludge transfer main: $52,000.00.
2. Design fee for new City of Elgin 14-inch-diameter lime sludge disposal main separate from the Fox River
Water Reclamation District sludge transfer main: $93,845.00.
3. Design fee for re-bidding of project to include open cut alternatives: $19,250.00.
The total design fee allocated to the City of Elgin is $165,095.00.
Fox River Water Reclamation District Fee:
1. Design Fee for the Fox River Water Reclamation District sludge transfer main and the new City of Elgin
14-inch-diameter lime sludge disposal main in common alignment with: $52,000.00.
2. Design fee for the Fox River Water Reclamation District sludge transfer main separate from the new City
of Elgin 14-inch-diameter lime sludge disposal main: $90,000.00.
3. Design fee for re-bidding of project to include open cut alternatives: $19,250.00
The total design fee allocated to the Fox River Water Reclamation District is$161,250.
I
November 9, 2007
TO: Mayor and Members of the City Council
r
72
FROM: Olufemi Folarin, City Manager
:z,,r
Kyla Jacobsen, Water System Superintendent
SUBJECT: Amendment No. 1 to the Agreement for Engineering Services with Burns &
McDonnell for the Lime Residue Disposal Main
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 the agreement with Burns & McDonnell to provide
engineering services for the Lime Residue Disposal Main project.
RECOMMENDATION
It is recommended that the City Council authorize the execution of Amendment No. 1 to the
agreement for engineering services for the design of the lime residue disposal main for the City
of Elgin and a force main for the Fox River Water Reclamation District (FRWRD) with Burns &
McDonnell for a total cost of$326,345.
BACKGROUND
On March 8, 2006, the City Council entered into an engineering agreement with Burns &
McDonnell to design an additional lime waste disposal main from the Riverside Water
Treatment Plant(WTP)to the South McLean lime disposal facility in the amount of$167,845.
On June 13, 2007, the City Council authorized an agreement with FRWRD to work jointly
within one contract to construct waste disposal mains for the City Of Elgin and FRWRD
concurrently. Approximately two-thirds of both projects will be constructed following the same
route, saving each agency monies in the design and construction of their respective mains
because the individual mains can be placed in a common trench.
The original engineering services agreement with Burns & McDonnell did not reflect the
agreement with FRWRD and the joint project. This amendment will identify those portions of
the engineering services which are the responsibility of the City of Elgin and FRWRD. The City
of Elgin Water Department staff will handle the accounting and payments for this contract,
billing FRWRD their portion as invoices are received from the contractor.
•
Amendment No. 1 with Burns &McDonnell—Waste Disposal Main
November 9, 2007
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total cost for the Amendment No. 1 with Burns & McDonnell is $326,345. The City of
Elgin allocation for these services is $165,095. There are sufficient funds budgeted ($850,000)
and available ($682,155) in the water portion of the 2005 General Obligation Bond Fund,
account number 365-4000-795.93-41, "Capital Additions/Distribution System," project number
409665, to enter into this agreement.
LEGAL IMPACT
None
ALTERNATIVES
1. Authorize execution of Amendment No. 1 to the engineering agreement with Burns &
McDonnell.
2. Do not authorize the amendment No. 1 to the engineering agreement with Burns &
McDonnell.
Respectfully submitted for Council consideration.
KBJ
Attachment