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08-252 Resolution No. 08-252 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH BLACK&VEATCH CORPORATION FOR AIRLITE STREET WATER TREATMENT PLANT IMPROVEMENTS 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 Amendment No. 1 to the agreement with Black&Veatch Corporation on behalf of the City of Elgin for Airlite Street Water Treatment Plant Improvements, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT NO. 1 is hereby made and entered into this al day of b C.iDrJYS. , 2008, by and between City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as the "CITY") and Black&Veatch Corporation, a Delaware corporation(herein after referred to as the "ENGINEER"); WHEREAS,the parties hereto have previously entered into an agreement for Engineering Services, dated June 13, 2007, attached hereto as Attachment A(hereinafter referred to as the "ORIGINAL AGREEMENT"); and WHEREAS,the CITY has determined that the proposed scope of the PROJECT as provided by the ORIGINAL AGREEMENT should be modified to provide for an alternate water treatment method; and, WHEREAS,the ORIGINAL AGREEMENT provided for a maximum payment to the ENGINEER of$706,000; and, WHEREAS,the parties hereto have each determined it to be in their best interest to amend the ORIGINAL AGREEMENT; and, WHEREAS,the circumstances necessitating the changes to the ORIGINAL AGREEMENT contemplated by this Amendment Agreement were not reasonable foreseeable at the time the ORIGINAL AGREEMENT was signed;the changes contemplated by this Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this 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, and other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: A. The Scope of Services set forth in Attachment A of the ORIGINAL AGREEMENT is hereby amended as follows: Overview of Project Improvements. Delete Item 3 on page A-1 and replace with the following: 3. Addition of a new ferric sulfate storage and feed system housed in a new, single-story, masonry building. In Item 4 on page A-1 revise the diameter of two new clarifiers from 55 feet to 62 feet. Delete Item 9 on page A-1 and A-2 and replace with the following: 9. Addition of a new diffused-air aeration basin for reduction of dissolved gases present in the raw water. The new aeration basin will consist of an in-ground cast in place concrete basin equipped with bubble diffusers supplied by two City of Elgin I October 8,2008 Airlite WTP Improvements Amendment No. 1 positive displacement blowers located adjacent to the aeration basin. Each blower will be located outdoors in a separate FRP, sound insulating enclosure. Insert the following additional work Items on Page A-2: 10. Addition of a new polymer feed system to be located inside the existing Operations Building at a location selected by City. The new system will be skid mounted and suitable for use with dry anionic polymer. 11. Addition of a new bulk aqua ammonia storage tank and associated appurtenances to be located outdoors in a concrete containment area. The containment area will include a sump pit and sump pump with local manual start/stop control Compressed air from existing compressed air system will be used to pressurize storage tank to increase net positive suction head on existing metering pumps. 12. Conversion of the existing ferric sulfate storage and feed system to bulk storage and feed system for hydrofluosilicic acid. Existing fluoride metering pumps or converted ferric metering pumps will be used to feed fluoride based on required metering pump capacity at design plant flow rate. Supplemental Services. Delete Item 5 under Supplemental Services and replace with the following: 5. Modification of existing chlorine feed system or carbon dioxide feed system. Add the following items under Supplemental Services: 20. Modifications to the existing filters, including but not limited to filter influent or effluent piping and valving located inside the existing Operations Building. 21. Modifications to the existing lagoon decant return pumping system. 22. Modification of existing lime storage bins, slakers, or lime slurry troughs. 23. Assisting City perform bench-scale or full-scale testing, including preparation of testing protocols,witnessing tests, on-site water quality sampling, or review of test results performed by City after August 15, 2008. B. The City's Responsibilities set forth in Attachment B of the ORIGINAL AGREEMENT are hereby amended to include the following items: 10. Modification of existing lime day bins, lime slakers,and lime slurry troughs required to increase the discharge elevation of lime slurry troughs a minimum of 21 inches. C. The Project Schedule set forth in Attachment C of the ORIGINAL AGREEMENT is hereby deleted and replaced with the following: City of Elgin 2 October 8,2008 Airlite WTP Improvements Amendment No. 1 . l Project Schedule. The Owner and Engineer agree to revise the project schedule described in the original Agreement For Engineering Services to complete the Basic Services described in original Agreement and this Amendment No. 1 in accordance with the project milestones identified below. Owner agrees to further adjust the schedule milestones if the scope of work is revised, if completion of full-scale testing being performed by City is delayed, if Notice of Award issued by City to Contractor is delayed, or for any other delays beyond the Engineer's control. Completion of Full-Scale Testing By City August 15, 2008 Completion of Preliminary Design September 15, 2008 Completion of Construction Contract Documents January 15,2009 Notice to Proceed to Contractor July 15, 2009 D. Paragraph III.A of the ORIGINAL AGREEMENT is hereby amended to read as follows: The CITY shall pay to the ENGINEER for its services under this Agreement a total lump sum fee of Eight Hundred Sixty-One Thousand Two Hundred Fifty Dollars ($861,250.00)regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of work are authorized in writing by the CITY. E. Except as amended by this Amendment Agreement,the ORIGINAL AGREEMENT between the parties shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have entered into and executed this Amendment Agreement as of the date and year first written above. City of Elgin Black&V=. . .oration (0 R (ENG ' ER) � ` B B By: ��_ — — - By: ,1 Printed Name: -u * Folarin Pri •d Name: Tom J. Ratzki Title: City Manager Title: Vice President Date: October 22, 2008 Date: (0. 2-4 City of Elgin 3 October 8,2008 Airlite WTP Improvements Amendment No. 1 September 18, 2008 - ,„. TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water System Superintendent SUBJECT: Amendment No. 1 to the Agreement with Black & Veatch for Airlite Street Water Treatment Plant Improvements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing Amendment No. 1 to the previously signed Agreement with Black & Veatch for engineering services associated with the Airlite Street Water Treatment Plant Improvements. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the Engineering Services Agreement with Black & Veatch in the amount of$154,450. BACKGROUND On June 13, 2007, the City Council awarded an engineering contract to Black & Veatch for engineering design services for the Airlite Street Water Treatment Plant (WTP) Improvements. In early fall of 2007, Black & Veatch made a recommendation to change the scope of work and thereby save the City of Elgin construction and future operating dollars, but the City needed to conduct some full scale testing at the WTP. Because the Airlite Street WTP is not a major contributor to the water supply at this time, Water Department staff was able to do full scale testing to prove or disprove treatment assumptions and make adjustments to the proposed treatment process accordingly. Due to all the testing efforts, a new treatment scheme has been developed. The water quality encountered in the Airlite WTP wells is quite challenging, but thinking outside the norm has yielded a great treatment option, utilizing Ferric Sulfate and aeration for the treatment of the hydrogen sulfide, a process that is normally associated with wastewater treatment. This treatment scheme changes the scope of work for the project and, therefore, will require an amendment to the Engineering Services Agreement. The changes include: addition of a new ferric sulfate storage and feed system in a single-story, masonry building due to the increased volume of chemical that will be fed; changing the diameter of the clarifiers from 55 to 62 feet; First Amendment Agreement with Black &Veatch September 18, 2008 Page 2 addition of a new diffused-air aeration basin for reduction of dissolved gases; addition of a new polymer feed system; addition of a new bulk aqua ammonia storage tank and associated appurtenances; and conversion of the exiting ferric sulfate storage and feed system to bulk storage and feed for hydrofluosilicic acid. • The original proposed treatment scheme construction estimate is $14,024,500. • The current proposed treatment scheme construction estimate is $11,971,000. • The original proposed treatment scheme operating estimate is $473,000 annually. • The current proposed treatment scheme operating estimate is $416,000 annually. Water Department staff met with Black & Veatch on June 30, 2008 to discuss the changes and negotiate a fee for the amendment to the services. The City agreed to items that were truly changes to the scope of work. The fee adjustment will be $154,450. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total budget for this project is $5,874,750 and $2,339,092 has been spent/encumbered to date. There are sufficient funds budgeted ($789,150) and available ($378,375) in the water portion of the 2007 General Obligation Bond Fund, account number 367-4000-795.93-36, "Capital Additions-Buildings/Structures," project number 409688, to fund the Amendment No. 1 with Black & Veatch in the amount of$154,450. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of Amendment No. 1 to the Engineering Services Agreement with Black &Veatch in the amount of$154,450. 2. The City Council may choose not to authorize execution of Amendment No. 1 to the Engineering Services Agreement with Black &Veatch in the amount of$154,450. Respectfully submitted for Council consideration. KBJ Attachments