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08-48 Resolution No. 08-48 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES 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 Olufemi Folarin, City Manager and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a Second Amendment Agreement to the Engineering Services Agreement with Baxter & Woodman, Inc. for the Lincoln/Douglas Sewer Separation Project, copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 27, 2008 Adopted: February 27, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk C Resolution No. 08-48 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH . . • • LINCOLN/DOUGLAS SEWER SEPARATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that kir\ Olufemi Folarin, City Manager and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a Second Amendment Agreement to the Engineering Services Agreement with Baxter & Woodman, Inc. for the Lincoln/Douglas Sewer Separation Project, copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: February 27, 2008 Adopted: Vote: Yeas Nays Recorded: Attest: Diane Robertson, City Clerk Second Amendment Agreement This Amendment Agreement No. 2 is hereby made and entered into this 17 day of , 2008, by and between the City of Elgin, an Illinois Municipal Corpor�ereinafter referred to as "CITY" and Baxter & Woodman, Inc., an Illinois corporation, hereinafter referred to as "ENGINEER". WHEREAS, the parties hereto have previously entered into an Agreement dated March 11th, 2003, attached hereto as Exhibit "A" hereinafter referred to as "ORIGINAL AGREEMENT"; and WHEREAS, ORIGINAL AGREEMENT as modified by Amendment Agreement No. 1 dated May 26th, 2004, at paragraph IV (E) provided for a maximum payment of $194,000.00, attached hereto as Exhibit "B" hereinafter referred to as "FIRST AMENDMENT AGREEMENT"; and WHEREAS, the parties hereto have determined it to be in their best interest to amend the ORIGINAL AGREEMENT; and WHEREAS, the CITY has terminated the contract with Mola Construction Company, Inc. and entered into a contract with Getdown Underground, Inc. to complete the construction work requiring additional engineering services; and WHEREAS, the CITY has determined that the termination of Mola Construction Company, Inc. and hiring Getdown Underground, Inc. to complete the Lincoln/Douglas Sewer Separation Project increased the extent and duration of the ENGINEER'S work; and WHEREAS, the circumstances necessitating the change in extent and duration of the work contemplated by this amendment were not reasonably foreseeable at the time the ORIGINAL AGREEMENT was signed; the change contemplated by the FIRST AMENDMENT AGREEMENT is germane to the ORIGINAL AGREEMENT as signed; and this amendment agreement is in the best interests of 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: 1. Paragraph IV (E) is hereby amended to read "The ENGINEERS' fee for construction related services for the Lincoln/Douglas Sewer Separation Project shall be a reimbursement for all direct employee compensation, overhead, and expenses plus 14% 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 not to exceed $229,474.19 ENGINEERS' Project No. 021193.60." BAXTER WOODMAN 2. Except as amended by the FIRST AMENDMENT AGREEMENT and this second amendment agreement the ORIGINAL AGREEMENT between the parties shall remain in full force and effect. CITY OF ELGIN BAXTER & WOODMAN, INC. By: 46` _ _ By �C CGr • - Vice President Attest: Attest: /" _"" City Clerk Deputy Secretary Attachment WBS:jak 2/15/08 I:\ELGNC\021193.60`Second Amendment Agreement 021508.doc BAXTER Pr% 411. WOODMAN Exhibit A City of Elgin Lincoln/Douglas Sewer Separation Project AGREEMENT THIS AGREEMENT, made and entered into this i t day of/�►�4e. , 2003, 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"). WHEREAS, the CITY desires to engage the ENGINEER to furnish 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"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. "NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree that the CITY does hereby retain the ENGINEER to act for and represent the CITY in the engineering matters involved in the Project as set forth herein subject to the following terms, conditions and stipulations, to wit: 1. SCOPE OF SERVICES All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, hereinafter referred to as the "DIRECTOR". 3. The professional services to be performed under this Agreement will consist of the following. - 1 - 6 A X Y wooDFG!, r: r,nna:ilen 6,:?ins., 1. An investigative phase to obtain topographic field information, identify infiltration/inflow sources in the study area, and compare the costs and advantages of two sewer separation alternatives. 2. A design phase to prepare design drawings, specifications, and contract documents for the selected sewer separation alternative. Note: The design scope of services consists of a new sanitary or storm sewer on Douglas Avenue to allow the elimination of an existing combined sewer overflow at the intersection of Douglas Avenue and Lincoln Street. The design scope does not include new sanitary or storm sewers in the upstream tributary area located east of Douglas Avenue. The infiltration/inflow investigation may reveal the need for additional sewers in this tributary area and the design services for said sewers will be added to the project scope with an amendment to this Agreement. 3. A bid phase to solicit competitive bids for the construction work, review the bid results, and submit a letter of recommendation to the City. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Milestone Tentative Date ■ Kickoff Meeting February 12, 2003 • Meet with City Staff to discuss findings and Mid-June 2003 determine if full I/I investigation is warranted. • Meet with City Staff to discuss sewer August 1, 2003 separation alternatives and obtain concurrence on design project scope. _ 7 - .. BAXTER 411111 WOODNiAN Conn 1i ng En zinpn Milestone Tentative Date ■ Submit design drawings to City for review Mid-October 2003 and comment. • Complete design contract documents and December 5, 2003 submit to Illinois EPA for permits • Issue Notice to Bidders Mid-January 2004 • Receive competitive bids. Mid-February 2004 B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The ENGINEER will submit to the Director monthly, a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to, reports, designs, calculations, work drawings, studies, photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed at the Engineers' Standard Hourly Fees in effect at the time that the service is provided. The total fee will not exceed 5201,000 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the 3 - B A X T E FZ WOODM.\N ConrnkinTE ... CITY. A copy of the Engineer's 2003 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-referred 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 ENGNEER 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 5. INVOICES A. The ENGINEER shall submit invoices in a format approved the CITY. Progress reports (2.C. above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. BAXTERE R Pr% WOOUMEtN Couultmgbv<<,,crr; 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Article 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. - 5 - B A X T E R 41► WOODMAN Consultzng Enlin':rs 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgements, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims,in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. - 6 - B A X T E R 4111 I WOODMAN ConsultingEng,ne r.s This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCE, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence or any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to, the following: employment advertising, layoff - / BAXTER iir 411. WOOD MAN ConsukrnF F+grtn-7- or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be finding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. - 8 - B A X T E R oir WOODMAN Consulting Ergan.m 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. - 9 - B A X T E R WOODMAN Coa u!tin,,En,:arr„ 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal compliant process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants, which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made - 10 - WOODMAN Consulting Enanrrrs 27. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DARREL R. GAVLE, P.E. Baxter &Woodman, Inc. 8678 Ridgefield Road Crystal Lake, Illinois 60012-2797 AXTER- 11 - Bt R W:0C)M .4tq Ca+zsulm pLr dnP 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 #9/56" —e CA. s By City Clerk Ci Manage • (SEAL) For the ENGINEER: Dated this,' day of , A.D., 2003. ATTEST: BAXTER &WOODMAN, INC. • �4 BY 1.G' f.'26•— j j Et,e 3i��� By .f;. .. . ''41' Secretary President/CEO (SEAL) DRG:mk 01/24/03 H:\PROJ\ELGNC`021193\ENGINEERING SERVICES AGREEM ENT.d oc AXTER- 12 - BE R ® WOODMAN (:onsultzngEngineers Attachment B City of Elgin Lincoln/Douglas Sewer Separation Project PROJECT SCHEDULE Phases Tasks Start Date Complete Date _ Initiation Phase Kickoff meeting with City Staff February 12, 2003 Investigative Phase Topographic Survey of Lincoln February 18, 2003 Mid-March and Douglas Televise sewer(s) on Douglas April 1 Mid-April Building to building May 1 May 30 investigation on Douglas MH/CB inspection on Douglas April 1 Mid-April Review tapes of Douglas Mid-April May 1 sewers Smoke testing of sewers May 1 June 1 Evaluate data from television June 1 Mid-June inspection, smoke testing, structure investigation, and building survey. Meet with City staff to discuss Mid-June findings and determine if building to building investigations and televising is required in NE area. Additional televising and/or Mid-June Mid-July building inspections as warranted by initial data. Initiate preliminary design Mid-June July 1 alternatives for storm or sanitary sewer replacement on Douglas. BAXTER tau- WOODi.LA N C[M.RIl tiny!:71;i7wers Attachment B Phases Tasks Start Date Complete Date Prepare cost estimates for July 1 Mid-July replacement alternatives. Meet with City to discuss the August 1 findings and issue our recommendation for sewer rehabilitation method, and discuss findings from additional televising and building to building surveys. Agree on scope of design work, and determine if any is required in the northeast area. Design Phase Prepare preliminary plans of August 4 Mid-October improvements for City review, and provide plans to City for comment. Receive plans back from City November 1 with their comments. Make final revisions to plans November 1 December 1 based on City comments and prepare Specifications. Submit plans and specifications December 5 to IEPA for permit. Bidding Phase Set advertisement and bid Mid-December dates with City. Issue Notice to Bidders. Mid-January 2004 Receive bids, evaluate bids, Mid-February 2004 and issue a letter of recommendation to award to the City. H:\PROJ\ELGNC\021193\Attachment B.doc BAXTER PTA! 4 WOODMAN Consulting Ing racers Attachment C City of Elgin Lincoln/Douglas Sewer Separation Project BAXTER & WOODMAN, INC. 2003 HOURLY FEES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY FEES Principals $125 Senior Engineers $90 to $115 Construction Managers $80 to $100 Engineers $75 to $100 Staff Engineers $68 to $86 Designers $86 CADD Operators $74 Senior Field Engineers $90 Field Engineers $84 Jr. Field Engineers $64 Senior Surveyors/Technicians $68 Surveyors/Technicians $42 to $68 Secretaries $42 to $48 • Hourly fees include direct and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Automobile travel expense is $0.38/mile. Global Positioning System Survey Equipment Usage is $90/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. ircA BAXTER H:\PROJ`.ELGNC\02 i 1 93\ATTACHMENT C.doc 4111. WOODMAN Cansuthug En,in ers Exhibit B 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 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\ELONG1021193.60\Amend 1.doc - 1 - B A X T E R ir_ 4 WOODMAN Consulting Engineers 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 HAPROAELGNC\021193.60'Amend 1.doc BAXTERE R 4 WOODMAN Cmuulling Enginrrn 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\021193.601Amend 1.doc It iir 4111&- 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 By h44— By -.� L���'"��•, City Clerk City Manager (SEAL) For the ENGINEER: Dated this /3 day of , A.D., 2004. Al"ThST: BAXTER &WOODMAN, INC. By � B ,l,U"l y Secretary r Vice President (SEAL) LDH:py 05/13/04 H:\PROJIELGN0021193.601Amend 1.doc - 4 - WOODMAN Consulliag Euginerrs kF �� February 8, 2008 ,tea TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager .,tt, sail h o David Lawry, P.E., General Services Director Ca) c„,nrum(,rr SUBJECT: Amendment No. 2 to an Engineering Services Agreement with Baxter & Woodman 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. 2 to an agreement with Baxter& Woodman (B&W) for additional construction related engineering services for the Lincoln/Douglas Sewer Separation Project. RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 in the amount of$35,474.19 with B&W 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. At its meeting on May 26, 2004, the City Council authorized Amendment No. 1 ($194,000) to the agreement for construction engineering services. Amendment No. 2 ($35,474.19) will add compensation for additional construction engineering services. The Lincoln/Douglas Sewer Separation Project installed a new storm sewer system on Douglas Avenue and Ann Street to separate the combination storm/sanitary sewer. The contract for construction was awarded at the May 12, 2006 Council meeting. Because of contract non- performance which resulted in significant construction delays, the original contractor was dismissed and the second low bidder was hired to complete the project. The additional construction engineering services costs were incurred due to the contract being completed beyond its original completion date, extensive amounts of overtime being worked by Lincoln-Douglas Amend No. 2 February 8, 2008 Page 2 the replacement contractor resulted in additional inspection costs and additional administrative costs incurred to resolve claims made by the original contractor. Processing of this amendment has been delayed due to ongoing legal issues with the original contractor. A copy of Amendment No. 2 is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Amendment No. 2 to the B&W contract will total $35,474.19. The overall budget for this project totaled $2.27 million with $2.20 spent to date. Sufficient funds remain in the 2003 General Obligation Bond Fund, account number 383-4200-795.92-41, project number 339662, "Lincoln/Douglas Sewer Separation" to pay for this amendment ($1,180,000 budgeted and $69,482 available). LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve Amendment No. 1 to the contract with B&W. 2. The City Council may choose not to approve Amendment No. 1 to the contract with B&W. Respectfully submitted for Council consideration. do Attachments