11-22 Resolution No. 11-22
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 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
Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute Amendment
Agreement No. 2 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: January 26, 2011
Adopted: January 26, 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AMENDMENT AGREEMENT NO.2
THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this 26th
day of January ,.2011,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 Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT dated October 22, 2008, attached hereto as Attachment B; and
WHEREAS,the CITY has determined that the proposed scope of the PROJECT as provided
by the ORIGINAL AGREEMENT and the Amendment Agreement No. 1 of the ORIGNAL
AGREEMENT should be modified to facilitate activities allowing restart of the PROJECT as
authorized by the CITY; and
WHEREAS,Amendment Agreement No. 1 of the ORIGINAL AGREEMENT provided for
a maximum payment to the ENGINEER of$861,250; and
WHEREAS,this Amendment Agreement No.2 will cumulatively increase the amount of the
ORIGINAL AGREEMENT contract price from $706,800 to $905,290, which increase
represents an increase from the original contract price of 28%; and
WHEREAS,the parties hereto have each determined it to be in their best interest to amend
the ORIGINAL AGREEMENT and Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT; and
WHEREAS,the circumstances necessitating the changes to the ORIGINAL AGREEMENT
and the Amendment Agreement No. 1 of the ORIGINAL AGREEMENT contemplated by
this Amendment Agreement were not reasonable foreseeable at the time the ORIGINAL
AGREEMENT or Amendment Agreement No. 1 of the ORIGINAL AGREEMENT was
signed; the changes contemplated by this Amendment Agreement are germane to the
ORIGINAL AGREEMENT and Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT as signed; and this Amendment Agreement No. 2 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 and
Amendment No. 1 to the ORIGINAL AGREEMENT are hereby amended to read as
follows:
1. Add Project Restart to the Basic Services
Project Restart Services
City of Elgin 1 December 16,2010
Airlite WTP Improvements
Amendment No.2
. .
Engineer shall provide Project Restart Services for the Project. Specific services to
be performed are as follows:
Task 501. Project Restart Initiation Meeting. Attend Project Restart Initiation
meeting with the City of Elgin.
Task 502.Multiple Bid Packages Feasibility Assessment. Evaluate project to
determine feasibility of multiple bid packages. Attend meeting with the City of Elgin
to discuss alternatives.
Task 503. Remobilize Project Team. Identify project team members to complete
final design. Conduct meeting to re-familiarize team with project scope.
Task 504. Codes/Equipment Availability Review. Review building, electrical, and
fire protection codes to identify changes resulting from project being placed on hold
in February 2008. Update drawings to incorporate updates relative to codes changes
and equipment availability. Update specification to incorporate updates relative to
codes changes and equipment availability.
Task 505. Opinion of Probable Cost Update. Contact equipment vendors to obtain
updated quotes for major equipment.
B. The Project Schedule set forth in Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT is hereby deleted and replaced with the following:
Project Schedule.
The Owner and Engineer agree to revise the project schedule described in Amendment
No.1 of the ORIGINAL AGREEMENT to complete the Basic Services described in
ORIGINAL AGREEMENT,Amendment Agreement No. 1, and this Amendment
Agreement No. 2 in accordance with the project milestones identified below. CITY
agrees to further adjust the schedule milestones if the scope of work is revised, or for any
other delays beyond the Engineer's control.
Engineer Notice to Restart Design(no later than) January 31, 2011
Submit Drawings to IEPA/Elgin 95%Complete March 1, 2011
Target Bid Advertisement Date July 5, 2011
(Ready for Bid)
Notice to Proceed to Contractor August 30, 2011
C. 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 Nine Hundred Eight Thousand Three Hundred Fifty Dollars ($
908,357.00)regardless of the actual costs incurred by the ENGINEER unless
modifications to the scope of work are authorized in writing by the CITY.
ORIGINAL AGREEMENT $706,800
Amendment Agreement No. 1 $154,450
Amendment Agreement No. 2 $ 47,107
Total Lump Sum Fee $ 908,357
City of Elgin 2 December 16,2010
Airlite WTP Improvements
Amendment No.2
•
D. Except as amended by this Amendment Agreement No.1 of the ORIGINAL
AGREEMENT and this Amendment Agreement No. 2,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&Veatch Corporation
(OWNER) (ENGINEER)
By: ,!�! d, By: V�
Printed Name: Sean R. Stegall PrintedNVame: Tom J. Ratzki
Title: City Manager Title: Vice President
Date: January 26, 2011 Date: /• fit'' 'c i f
City of Elgin 3 December 16,2010
Airlite WTP Improvements
Amendment No.2
ATTACHMENT A
TO
AMENDMENT AGREEMENT NO.2
(ORIGINAL AGREEMENT DATED 6/13/2007)
City: City of Elgin, Illinois
Engineer: Black & Veatch Corporation
Project: Airlite WTP Improvements
CilY OF
Mayor
„ j f& Ed Schack
' Council Members
Juan Figueroa
Robert Gilliam
David Kaptain
Michael Powers
John Steffen
John Walters
June 18, 2007 City Manager
Olufemi Folarin
Tom Ratzki, P.E.
Black & Veatch
101 North Wacker Drive, Suite 1100 •
Chicago, Illinois 60606
Gentlemen:
Enclosed is a copy of the executed agreement for providing
engineering services for the Airlite Water Treatment Plant
Improvements project.
Should you have any questions, please do not hesitate to call me
at (847) 931-6159.
Sincerely,
67.4_ (245-str---
Peter L. Bityou
Water Operations Engineer
Enclosures
cc: Kyla Jacobsen, Water System Superintendent
Daina DeNye, Assistant Purchasing Director/Enclosures.
Barney Fullington, Black & Veatch
150 Dexter Court• Elgin, IL 60120-5555•Phone 847/931-5590• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
(0 1 Lt$q ct,
AGREEMENT
FOR ENGINEERING SERVICES
FOR
DESIGN AND CONSTRUCTION FOR
AiRLITE WATER TREATMENT PLANT IMPROVEMENTS
THIS AGREEMENT, made and entered into this 1r day of ,130.a. , 2007, by and
between the CiTY OF ELGIN,an Illinois municipal corporation (hereinafter referred to as"CITY")
and Black&Veatch Corporation, a Delaware Corporation (hereinafter referred to as
"ENGINEER").
WHEREAS, the CiTY desires to engage the ENGINEER to furnish certain professional
engineering services in connection with design and construction of the Airlite Water Treatment
Plant Improvements(hereinafter referred to as the"PROJECT"); and
WHEREAS, the ENGINEER represents that it 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, in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is hereby mutually acknowledged, it is hereby agreed between the parties
hereto that the City hereby retains the engineer to act for and represent City in the engineering
matters involved in the PROJECT as described herein subject to the following terms and
stipulations, to-wit.
I. SCOPE OF SERVICES
A. ENGINEER shall perform the Services described in Attachment A, Scope of
Services, which is attached hereto and incorporated by reference as part of this
Agreement.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
in writing by the CITY.
B. CITY's responsibilities for the PROJECT are described in Attachment B.
II. 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 and shall have the unrestricted right to their
use.
III. PAYMENTS TO THE ENGINEER
A. The CITY shall pay the ENGINEER for its services under this Agreement a total lump
sum fee of Seven Hundred Six Thousand and Eight Hundred Dollars ($706,800.00)
regardless of the actual costs incurred by the ENGINEER unless modifications to the
scope of the work are authorized in writing by the CITY.
B. 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 for each
task shall not be made until the task is completed and accepted by the CITY.
City of Elgin,Illinois
Engineering Agreement for 1 I1
Airlite WTP Improvements
C. The Work shall be completed per the schedule described in Attachment C.
IV. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports shall be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit an 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 such records available at reasonable times
during the Agreement period, and for three years after termination of this Agreement.
V. 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 total amounts set forth under paragraph III or IV
above,whichever is less.
VI. TERM
This Agreement shall become effective as of the date the ENGINEER is given a Notice to
Proceed. Unless terminated for cause or pursuant to Article V herein, this Agreement
shall terminate on the date CITY determines in writing that all of ENGINEER'S work
pursuant to this Agreement is finally 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 this Agreement.
VII. 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 Its claim within
fifteen(15)days after occurrence of such action. No claim for additional compensation
shall be valid unless such notice is so provided. Any changes in the ENGINEER'S fee
shall be valid only to the extent that such changes are in writing and signed by the CITY
and the ENGINEER. Regardless of the decision of the CITY relative to a claim submitted
by the ENGINEER, all work required under this Agreement as determined by the CITY
shall proceed without interruption.
VIII. BREACH OF CONTRACT
All of the terms and provisions of this agreement are material. If either party violates or
breaches any term of this Agreement, such violation or breach shall be deemed to
constitute a default, and the non-breaching party shall have the right to seek such
administrative,contractual or legal remedies as may be suitable to the violation or
breach. If either party, by reason of any default,fails within fifteen(15) days after written
notice thereof by non-breaching party to comply with the conditions of the Agreement, the
non-breaching party may terminate this Agreement.
IX. INDEMNIFICATION
To the fullest extend permitted by law, ENGINEER agrees to and shall indemnify, defend
and hold harmless the CITY, its officers,employees,agents, boards and commissions
City of Elgin,Illinois
Engineering Agreement for 2
Airlite WTP Improvements
from and against any and all claims, suits,judgments, costs, attorney's fees, damages or
other relief, including but not limited to worker's 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 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 completion,expiration and/or termination of this
agreement.
X. 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.
XI. INSURANCE
A. Commercial Liability. The ENGINEER shall provide, pay for and maintain in
effect, during the term of this Agreement, a policy of commercial general liability
insurance 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 CITY a Certificate of Insurance including the CITY as
additional insured. Such policy shall not be modified or terminated without thirty(30)
days prior written notice to the CITY.
Such certificate of insurance shall include, but shall not be limited to, coverage for all
contractual obligations assumed by the ENGINEER, including but not limited to, those
obligations assumed pursuant to Article IX herein, entitled"Indemnification".
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY for claims arising from the negligence of
the ENGINEER. There shall be no endorsement or modifications of this insurance to
make it excess over other available insurance; alternatively, if the insurance states that it
is excess or prorata, it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. ENGINEER shall maintain Comprehensive
Automobile Liability Insurance 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. ENGINEER'S requirements for insurance
coverage for 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/$3,000,000
aggregate. A Certificate of Insurance shall be submitted to the CITY as evidence of
insurance protection. The policy shall not be modified or terminated without thirty(30)
days prior written notice to the DIRECTOR.
XII. 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,
City of Elgin,Illinois
Engineering Agreement for 3
Airlite WTP Improvements
i
1
age, race, color, creed, national origin, marital status,or the presence of 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 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 this Agreement by the CITY.
XIII.ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding 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.
XIV. DELEGATION 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.
It is understood and agreed that nothing herein contained is intended or shall be
construed to, in any respect, create or establish the relationship of co-partners,joint
venture or employment between the CITY and the ENGINEER,or as constituting the
ENGINEER as a general representative or general agent of the CITY for any purpose
whatsoever.
XVI.SEVERABILITY
The terms of this agreement shall be severable. 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 for any reason,
all other portions of this Agreement shall remain in full force and effect.
XVII 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.
XVIII MODIFICATION OR AMENDMENT
This Agreement and its attachments constitute the sole and 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
City of Elgin,Illinois
Engineering Agreement for 4
Airlite WTP Improvements
expressed in writing herein or in a duly executed amendment hereof, or change order as
herein provided.
XIX.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 enforcement of any rights
and the resolution of any and all disputes shall be in the Circuit Court of Kane County,
Illinois.
XX. NEWS RELEASES
The ENGINEER may not issue any news releases without prior written approval from the
CITY, nor may the ENGINEER make public any reports or documents developed under
this Agreement without prior written approval from the CITY prior to said documentation
becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any
work associated with the PROJECT.
XXII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code.
XXIII. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have a written sexual harassment
policy that includes,at a minimum,the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under state and federal law;
C. A description of sexual harassment, utilizing examples;
D. The vendor's internal complaint process including penalties;
E. The legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights and 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 Human Rights Act.
A Copy of such policy must be provided to the Department of Human Rights upon
request. P.A.87-1257.
XXIV. PREVAILING WAGE/PAYMENT OF TAXES.
The ENGINEER shall comply with the requirements of the Prevailing Wage Act(820
ILCS 130/0.01 et seq.) The ENGINEER certifies it is not delinquent in the payment of
any tax administered by the Illinois Department of Revenue unless there is a pending
proceeding contesting the tax.
XXV.WRITTEN COMMUNICATIONS
All recommendations and other communications by ENGINEER to the CITY and other
participants which may affect cost or time of completion shall be made or confirmed in
writing. The CITY may also require other recommendations and communications by the
ENGINEER be made or confirmed in writing.
City of Elgin,Illinois
Engineering Agreement for 5
Airlite WTP Improvements
XXVI 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:
Kyla Jacobsen
Water System Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER
Tom Ratzki, P.E.
Vice President
Black&Veatch Corporation
101 N.Wacker Drive, Suite 1100
Chicago, Illinois 60606
XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES
In performing the services described in this Agreement, Engineer will exercise the degree
of care and skill ordinarily exercised by reputable companies performing the same or
similar services in the same geographic area.
•
City of Elgin,Illinois
Engineering Agreement for 6
Airlite WTP Improvements
IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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 CITY:
ATTEST: CITY OF ELGIN
By By 1 _
ity Clerk C► Manage
For the ENGINEER:
Dated this 25 TN day of MA i ,A.D. 2007
WITNESSED:
By SNML RboPmPrk.) By To
Vice Pahsi nt7
(Print name) Print Name)
V
Officer Title ')Ice I°te-E5112 61uT (SEAL)
City of Elgin,Illinois
Engineering Agreement for 7
Airlite WTP Improvements
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
City: City of Elgin, Illinois
Engineer: Black&Veatch Corporation
Project: Airlite WTP Improvements
SCOPE OF SERVICES
The Project consists of Preliminary Design, Detailed Design and Bidding Phase Services
for improvements at the Airlite Water Treatment Plant. The improvements include the
following:
1. Demolition of the existing aeration basin, odor control building,rapid mix basin,
- i
two softening basins,recarbonation basin, valve vault A and B, and associated
site piping. A plan to maintain operation of the Airlite booster pumps throughout
construction shall be prepared and incorporated into the design documents.
2. Demolition of one existing booster pump and associated piping and electrical
equipment.
3. Addition of a new H2S removal system,odor control system, and influent flow
metering.
4. Addition of two new 55 ft diameter upflow solids contact clarifiers, a new
recarbonation basin, and associated site piping within the plant boundary, and
miscellaneous valve vault(s). After construction is complete,the design shall
provide for site landscaping to be restored to a similar condition as before the
construction began. Additional landscaping beyond seeding and sodding is
included as a supplemental service.
5. Addition of new backup power generator(s),bulk diesel storage and associated
generator switchgear including assisting City with procurement of the
generator(s) and switchgear.
6. Addition of a new 5 mgd booster pump and associated piping modifications
necessary to allow replacement of the other two existing pumps with larger 5 mgd
pumps in the future. No major building modifications are anticipated for this task
other than the required increase in power feed to the new pumps from new MCCs.
7. Demolition of existing electrical equipment and addition of new electrical
equipment necessary for the new 5 mgd booster pump in the existing electrical
room. Evaluation of plant's existing electrical system to determine if upgrades are
necessary to accommodate larger plant loads due to increase in plant's treatment
capacity and interconnect with new backup power generators.
8. The design of the Airlite WTP Improvements shall enable the City to meet all
existing regulations. Discussions shall be held with the City to plan, and if
possible,implement during this Project any anticipated future regulations.
9. No modifications to the plant's chemical feed systems are included in the Project
except for chlorine feed system improvements as necessitated by increased
chlorine use as a result of certain treatment techniques. If chlorine evaporators
City of Elgin,Illinois A-1
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5/18/07
and/or additional feed capacity are required,this will be part of the Engineers
services included with this project.
This Project shall be bid as a single construction contract to one General Contractor
requiring one set of construction contract documents,not including the generator
procurement documents.
BASIC SERVICES
The Basic Services for the Project is as follows:
General
Task 101. Conduct Project Administration. Engineer shall provide the management
functions required to successfully complete the work, including all Project
correspondence with the City; consultation with the City's staff;supervision and
coordination of services; implementation of a Project specific work plan,procedures, and
a quality control/quality assurance plan;scheduling and assignment of personnel
resources; administration and coordination of subconsultants; continuous monitoring of
work progress,budget, and schedule; and invoicing for the work performed. Develop
Project schedule and update schedule as required. Review ongoing activities,monitor
schedule and budget, and communicate with City staff by preparing and submitting
monthly status reports.
Task 102. Project Initiation Meeting.Conduct an initial meeting with City staff to
clarify the City's intended scope of work, schedule, budget requirements, and other
special requirements for the Project; to establish lines of communication;to review
pertinent available data and the proposed treatment plant improvements; and to present
Engineer's initial work plan and work schedule to confirm they meet the City's
expectations.
Prior to the Project Initiation Meeting, Engineer shall perform a preliminary evaluation of
pretreatment options, including conceptual layout, capital costs,O&M costs, and present
worth costs for each pretreatment option in addition to non-economic factors related to
each option.The results of the evaluation shall be distributed to the City at least ten(10)
days prior to the Project Initiation Meeting to allow adequate review time for City staff.
At the Project Initiation Meeting discuss findings and results of the pretreatment
evaluation, and if possible,City shall select desired pretreatment process and layout to be
further developed during Preliminary Design. Engineer shall prepare minutes of the
Project Initiation Meeting and distribute the minutes as directed by City.
Engineer will conduct two on-site progress meetings with City staff, one prior to the
submittal of 50%level design documents, and one prior to submittal of 90%level design
documents,to review the progress of the work and coordinate work activities with City
Staff.
City of Elgin,Illinois A-2
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MER► 4w=
Preliminary Design
Engineering services shall be provided for the preliminary design of the Airlite WTP
Improvements including preparation of procurement bid package for the engine
generator(s)and associated switchgear by the City. Specific services to be performed are
as follows:
Task 201.Obtain Site Survey. Conduct a field survey to define topographic and
landscaping features of the existing facility.The survey shall establish horizontal and
vertical control points and collect data for the Project. Information obtained from the
survey shall be used to prepare base drawings for use in the preliminary and detailed
design phases of the Project.
Task 202. Conduct Geotechnical Investigation Assistance. A geotechnical
investigation of the site, provided by City,shall be conducted. Engineer shall provide the
City with an appropriate site plan with proposed soil boring locations such that City is
able to direct the geotechnical contractor as necessary. Engineer shall review the initial
and final geotechnical reports and submit comments to the geotechnical contractor as
needed.
Task 203. Conduct Field Investigations. Engineer shall conduct field investigations to
identify the modifications needed to existing water treatment plant to implement
improvements; including piping modifications and electrical system modifications to
accommodate new larger booster pumps, the increase in treatment plant capacity and
interconnect with new backup power generation equipment. Engineer shall also confirm
the City's preferences for specific manufacturers of electrical equipment, instrumentation
devices, controls, analytical equipment, and other equipment components to be provided
under this Project.
Task 204. Preliminary Design Concepts.If unable to reach consensus on the preferred
pretreatment option and facility layout during the Project Initiation Meeting,prepare
additional information on pretreatment and layout options and submit six(6)copies to the
City for review. If necessary, Engineer shall meet with City staff to present the
conceptual design concepts and discuss their review comments. City shall provide
Engineer with final selection of pretreatment process.
Task 205. Prepare Basis of Design Memorandum. Upon City's selection of
pretreatment process and layout, Engineer shall prepare a draft Basis of Design
Memorandum to establish agreement and understanding on scope and design parameters
for the detailed design phase of the Project.The Basis of Design Memorandum shall
include a general description of the Project,pertinent design criteria for each engineering
discipline,piping and instrumentation drawings(P&IDs),preliminary site layout
drawings, and major preliminary plans and sections.
Task 206. Submit Draft Basis of Design Memorandum. Engineer shall perform an
internal quality control review of the Basis of Design Memorandum for accuracy and
City of Elgin,Illinois A-3
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completeness prior to submitting six(6) copies of the Basis of Design Memorandum to
the City for review. Meet with City staff to review the Draft Design Memorandum and
revise the memorandum as necessary to incorporate City comments. Submit six(6)
copies of the final Basis of Design Memorandum to the City and three(3) copies to IEPA
for review and acceptance.
The final Basis of Design Memorandum accepted by the City shall serve as the basis of
the detailed design for the Project.Detailed design of any major deviation in scope of the
Project from the final Basis of Design Memorandum shall be considered as supplemental
services.
Task 207. Prepare Equipment Procurement Documents.Prepare contract documents
for the procurement of the engine generator equipment and associated switchgear from
pre-qualified manufacturers or suppliers as determined from discussions with City staff.
Procurement front end documents previously developed jointly by City and Engineer on
the Backup Power Project shall be used as a basis for discussion with the City. Engineer
shall incorporate changes,as required,to the previously prepared procurement front end
documents and incorporate them into the final procurement contract documents.
Engineer shall use its own design procedures, drafting standards and criteria, and Typical
Drawing Details in the development of the contract documents. Engineer shall format and
assemble the technical specifications in accordance with the Master Format and Section
Format recommended by the Construction Specifications Institute Manual of Practice.
Engineer shall follow the Master Format level one titles and the level two titles based on
Engineer's experience and standard technical specifications for work of this type. -
Engineer follow shall the Section Format defined as Part 1 GENERAL,Part 2
PRODUCTS and Part 3 EXECUTION.The details within each of the parts shall be based
on Engineer's experience and standard technical specifications for work of this type.
Engineer shall identify potential pre-qualified manufacturers or suppliers based on past
experience, knowledge of the manufacturer or supplier, and the specific type of engine
generators to be specified. Six(6) copies of the 90%complete procurement documents
shall be submitted to the City for review. Following the incorporation of review
comments received from the City,provide up to ten(10) copies of the final bidding
documents to City for their records and distribution to pre-qualified bidders.
Task 208. Provide Equipment Procurement Bidding Assistance.Following the
City's advertisement of the generator procurement and distribution of bidding documents,
Engineer shall assist the City in interpreting procurement documents during the bidding
period, and issue addenda to the procurement documents as required. Engineer shall
review bids for conformity to technical requirements,and make written recommendations
to City concerning technical aspects of the procurement contract award. Review the
completed questionnaire to determine the acceptability of materials and equipment
submitted by the apparent successful bidder when such review is required by the bidding
documents subsequent to bid opening and prior to award of contract. Prepare and
distribute six(6) conformed copies of the procurement contract documents. These
services shall include receipt of the Contractor's bonds and associated Power of
City of Elgin,Illinois A-4
Airlite WTP Improvements
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Attorney, and insurance certificates; furnishing the Contractor unsigned construction
contact documents, and transmitting the construction contract document to City for
review, signature and distribution.
Detailed Design
Task 301. Review Equipment Contractor's Submittals.Review shop drawings and
data submitted by the Generator Supplier as required by the procurement documents.
Engineer's review shall be for general conformity to the procurement documents and
shall not relieve the Generator Supplier of any of his contractual responsibilities.
Task 302. Prepare 50-Percent Level Documents.Prepare design drawings and
technical specifications that represent a 50% completion level for the proposed
construction work and installation of pre-procured generator and switchgear equipment.
Front end documents provided by the City shall be used as a basis for discussions
between City and Engineer to arrive at a mutually agreeable set of front end documents.
Engineer shall use its own design procedures,drafting standards and criteria,and Typical
Drawing Details in the development of the contract documents. Engineer shall format and
assemble the technical specifications in accordance with the Master Format and Section
Format recommended by the Construction Specifications Institute Manual of Practice.
Engineer shall follow the Master Format level one titles and the level two titles based on
Engineer's experience and standard technical specifications for work of this type.
Engineer shall follow the Section Format defined as Part 1 GENERAL,Part 2 -
PRODUCTS and Part 3 EXECUTION.The details within each of the parts shall be based
on Engineer's experience and standard technical specifications for work of this type.
Task 303. Perform Quality Control of 50% Design Documents.Perform an internal,
independent quality control review of the 50%design documents prior to submittal to the
City. Revise documents based on quality control comments.
Task 304.Submit 50-Percent Level Documents. Submit six(6) sets of the 50%
complete design documents to the City for review. Meet with City staff to review the
50%design documents and discuss their review comments.
Task 305. Prepare 90-Percent Level Documents.Incorporate review comments from
the City into the contract documents and prepare drawings and specifications that
represent 90% complete design documents for the proposed construction work and
installation of pre-procured generator and switchgear equipment.
Task 306. Perform Quality Control of 90% Design Documents. Perform an internal,
independent quality control review of the 90%design documents prior to submittal to the
City. Revise documents based on quality control comments.
City of Elgin,Illinois A-5
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Task 307. Submit 90% Complete Design Documents. Submit six (6) sets of the 90%
complete design documents to the City for review. Meet with City staff to review the
90%design documents and discuss their review comments.
Task 308. Submit Design Documents to IEPA. Incorporate review comments from the
City and submit three(3)sets of the 90%design documents to IEPA for approval.
Task 309. Prepare 90-Percent Level Cost Opinion.With City comments incorporated
into the design,prepare and provide an opinion of probable construction cost through
90%complete design documents and submit to City in PDF format for review by July
2008.
Task 310. Final Construction Contract Documents. After addressing the City's and
IEPA's review comments on the 90 design documents,Engineer shall incorporate its
responses into the drawings and specifications and prepare final construction contract
documents. Six(6) copies of the fmal construction contract documents shall be submitted
to City for review. After receipt of the City's review comments on the final documents,
Engineer shall revise,if necessary, and provide up to twenty five(25) sets of construction
contract documents to the City for their use in advertising the construction contract and
distribution to prospective bidders. Engineer shall also resubmit final drawings and
specifications to IEPA as required.
Bidding Phase
Engineer shall provide Bidding Phase Services for the Project. Specific services to be
performed are as follows:
Task 401. Conduct Pre-Bid Conference. Conduct, at a date and time selected and a
place provided by City,a pre-bid conference to:
a. Instruct prospective bidders and suppliers as to the types of information required
by the contract documents and the format in which bids should be presented.
b. Review special Project requirements and contract documents in general.
c. Receive requests for interpretations of contract documents, and respond by
addendum when appropriate.
d. Prepare minutes of Pre-Bid Conference and submit to City to distribute to plan
holders.
Task 402. Interpret Construction Contract Documents.Interpret construction contract
documents during the bidding period, and issue addenda to the construction contract
documents as required.
Task 403.Assist City with Bid Review and Contract Award. Attend the bid opening
and evaluate the bids and bidders to determine if the bids were submitted in accordance
with the contract documents and if the bidders are qualified to perform the work. Review
and evaluate the qualifications of the apparent successful bidder and the proposed major
City of Elgin,Illinois A-6
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or specialty subcontractors. The review and evaluation shall include such factors as work
completed equipment that is available for the work, financial resources,technical
experience, and responses from references. Following this review,prepare a written
recommendation to the City for award of the construction contract.
Task 404. Prepare Conformed Documents. Prepare and distribute six(6) conformed
copies of the construction contract documents. These services shall include receipt of the
Contractor's bonds, furnishing the Contractor unsigned construction contact documents,
and transmitting the conformed construction contract documents to the City for review,
signature, and distribution.
SUPPLEMENTAL SERVICES
Any work requested by City that is not included in one of the items listed in the Basic
Services shall be classified as Supplemental Services. Supplemental Services shall
include,but are not limited to:
1. Meetings with local, State,or Federal agencies to discuss the Project beyond those
indicated in the Basic Services.
2. Appearances at public hearings or before special boards, except as specifically
indicated in the Basic Services.
3. Supplemental engineering work required to meet the requirements of regulatory
or funding agencies that become effective subsequent to the date of this
agreement.
4. Special consultants or independent professional associates, other than those
indicated in the scope above, that are requested or authorized by City.
5. Modifications to existing chemical feed storage and feed systems
6. Preparation for litigation, arbitration,or other legal or administrative proceedings;
and appearances in court or at arbitration sessions in connection with bid protests.
Assistance with bid protests or rebidding.
7. Support services in connection with public information/relations activity as
requested by the City.
8. Modifications to the design resulting from changes in the general scope,extent,or
character of the project are generally described as follows:
a. Changes in size or complexity.
b. Owner's schedule,design,or character of construction.
City of Elgin,Illinois A-7
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c. Method of financing or funding availability.
d. Changes proposed or requested after acceptance by City of the final Basis of
Design Memorandum.
e. Revision of previously accepted studies,reports,design documents,or
construction contract documents when such revisions are required by
changes in laws,rules,regulations, ordinances,codes,or orders enacted
subsequent to the preparation of such studies,reports,documents,or designs;
or are required by any other causes beyond Engineer's control.
9. Involvement with and responding to a formal Value Engineering Services
conducted by a third party. Revisions of design,drawings,and specifications
arising from the formal third party Value Engineering review which cause
changes in the general scope, extent or character of the Project, including but not
limited to changes in size, complexity, City's schedule, character of construction,
or method of financing.
10. Provision, through a subcontract, of laboratory and field testing, including
geotechnical investigations required during design, and of any special reports or
studies on materials and equipment requested by City.
11. Property or boundary surveys, and services,required to obtain easements or
purchase of additional property.
12.The design of electrical system modifications beyond replacement or modification
of existing MCCs and distribution of power from new or existing MCCs to the
new booster pumps.
13. The performing of security assessments and planning.
14. Landscaping plans,planting plans,or landscape design beyond specification for
seeding and sodding.
15.Design of water mains or other utilities beyond the property line of the plant.
16. Preparation of multiple construction bid packages.
17. Redesign and rebidding the Project in the event the City does not accept bids on
the original advertisement of the construction contract.
18. Services for making revisions to drawings and specifications made necessary by
the acceptance of substitutions proposed by the Generator and/or Construction
Contractor(s); and services after the award of the contracts for evaluation and
determining the acceptability of substitutions proposed by the Contractors.
City of Elgin,Illinois A-8
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Payment for such engineering services shall be the responsibility of the
Contractor who is proposing the substitution.
19. Construction phase services and resident Project representative(RPR) services
associated with the construction phase of the Project including attending the
preconstruction conference. This supplemental service can be activated at the
time of construction by City upon approval by City Council. Payment for this
supplemental service shall be based on hourly billing rates plus direct expenses, to
a maximum upper limit of$495,200 as approval by City Council.
City of Elgin,Illinois A-9
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ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of EIgin, Illinois
Engineer: Black& Veatch Corporation
Project: Airlite Water Treatment Plant Improvements
CITY'S RESPONSIBILITES
The City will furnish, as required by the work and not at the cost of the Engineer, the following:
1. All maps, drawings, reports,records, audits, annual reports, and other data that are available in the
files of the City and which may be useful in the work involved under this contract. If available, -
provide electronic copies of site and other City drawings that could be used in development of project
contract drawings.
2. Existing property,boundary, easements,right-of-way, and utility surveys, and property descriptions
when such information is required.
3. Geotechnical investigation of the Airlite WTP site through a consultant,based on guidance from
Engineer on number and location of soil borings.
4. All exploratory work, such as pot holing for pipe or electrical duct bank locations and elevations, core
borings,penetration tests,and other geotechnical subsurface explorations; and laboratory tests and
analyses when such services and information is required.
5. Access to public and private property when required in performance of Engineer's services.
6. The services of one employee who has the right of entry to, and has knowledge of,the existing water
facilities.
7. Space for public hearings,prebid conferences, preconstruction conferences and audio, video
equipment required for such hearings and/or conferences.
8. Legal advertisement of project lettings or bids and prebid conference dates and such other
publications of Invitation to Bids as desired by the City and distribution of biding document to
prospective bidders.
9. Releases to the news media concerning any aspects of the project.
In performance of the services,it is understood that Engineer will be supplied with certain information
and/or data by City and that Engineer will rely on such information. It is agreed that the accuracy of such
information is not within Engineer's control and Engineer shall not be liable for its accuracy,nor for its
verification.
City of Elgin,Illinois B-1
Airlite WTP Improvements
5/18/07
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ATTACHMENT B
TO
AMENDMENT AGREEMENT NO.2
(AMENDMENT AGREEMENT NO. 1 DATED 10/22/2008)
City: City of Elgin, Illinois
Engineer: Black & Veatch Corporation
Project: Airlite WTP Improvements
AMENDMENT AGREEMENT NO. 1
l)THIS AMENDMENT NO. 1 is hereby made and entered into this:))/1 day of i
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 1 October 8,2008
Airlite WTP Improvements
Amendment No.1
' . r
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.
1
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
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&Vea o ..ration
(0 (ENG I . ' ')
By: tD .. _ B,
Printed Name: • - it Folarin Pr' • Name: Tom J.Ratzki
Title: City Manager Title: Vice President
October 22, 2008 p.. Z •o g
Date: Date: .
L
City of Elgin 3 October 8,2008
Airlite WTP Improvements
Amendment No.I
Report to Mayor& Members of City Council E LG I N
THE CITY IN THE SUBURBS
MEETING DATE: January 12, 2011
INITIATIVE L: Amendment No. 2 to the Agreement with Black &Veatch for Airlite
Street Water Treatment Plant Improvements
COMMUNITY GOAL
• Financially Stable City Government:
OBJECTIVE
• Authorizing Amendment No. 2 to the agreement with Black & Veatch for the
Airlite Street Water Treatment Plant improvements
PURPOSE
• Maintaining the viability of the city's alternate sources for water provision
RECOMMENDATION
(111116' • Authorize staff to execute Amendment No. 2 to the previously signed
agreement with Black & Veatch for engineering services associated with the
Airlite Street Water Treatment Plant improvements
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.
Black & Veatch made recommendations to change the scope of work in 2007 to save the city
construction and future operating dollars. Those changes resulted in Amendment No. 1 to the
agreement. After full-scale testing at the Airlite Street WTP was completed, a new design
scheme for the processing of the well water at the treatment plant was proposed. Once the
design reached 90 percent completion,the project design was put on hold.
OPERATIONAL ANALYSIS
The Airlite Street WTP improvement project was postponed in the capital improvement plan
due to budget constraints. The Airlite Street WTP is a major component to the city's water
system and is overdue for renovation. Review of the operations of the city's water treatment
•
system confirmed that the planned Airlite Street WTP improvements are necessary to the
preservation of a robust and reliable water system.
The rehabilitation of the Airlite Street WTP is included in the 2011 budget. To proceed with this
project, staff will be working with the engineer to review the previous design and then
complete it. There will be additional effort and an amendment to the scope of work for the
engineer as needed.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The remaining balance on the existing agreement with Black &Veatch for engineering design
services is $43,063 of an original contract amount of $861,250. The proposed amendment of
$47,107 will increase the contract amount to $908,351. The additional work tasks needed to
complete the project include remobilization, reviewing all facets of the design for code and
equipment changes, updating specifications and drawings, obtaining new quotes and bidding
services.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
2007 367-4000-795.93-36 409688 $789,150 $223,687
Bond Fund
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The city council may choose not to authorize staff to execute an amendment to the agreement
with Black & Veatch for the services necessary to complete the Airlite Street WTP design and
could solicit other engineering firms for a proposal to complete the project.
NEXT STEPS
1. Execute engineering services agreement
2. Complete design and cost estimates
3. File permits with Illinois Environmental Protection Agency
4. Bid the project
5. Construction and observation
Prepared by: Kyla B.Jacobsen, Water Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
1Se n R. Stegall, City Manag r
ATTACHMENTS
A: Elgin Airlite Restart Amendment
B: List of tasks from original contractual obligation
III I,
Airlite WTP Improvements B&V Project 148941
Project Restart Summary December 9,2010
Elgin Airlite Restart Amendment for tasks due to Project Interruption 4.1)
Remaining Contract Amount $ 43,063
(See summary of tasks to be performed under remaing contact amount listed below)
Escalation on remaining work due to 2-year project delay $ 3,067
Subtotal $ 46,130
Additional Work Tasks due to project interruption
Hours Fee
Project Restart Initiation Meeting with City of Elgin 28 $ 4,450
Analysis and Meeting to Discuss Dividing Project into Two Bid Packages 24 $ 4,150
Remobilization of Project Team 32 $ 4,605
Review Building,Electrical,and Fire Protection Codes for Changes 38 $ 5,610
Update Specifications for Changes Caused by Interruption 32 $ 4,790
Update Drawings for Changes Caused by Interuption 80 $ 12,900
Obtain New Quotes and Update the Opinion of Probable Cost 16 $ 2,560
Increased Bidding Services Due to Changed Bidding Environment 35 $ 4,975
Subtotal T-757
Total Cost to Complete Design and Bidding Services $ 90,170
1 of 2
411111
Airlite WTP Improvements B&V Project 148941
Project Restart Summary December 9,2010
r
Tasks from Original Contract that will be completed by B&V as part of our Current
Contractual Obligation
Submit Detailed Design Documents to/EPA
Submit 90% Level drawings and specifications
Final Design
Complete Multidiscipline QC of 90% Level Documents
Prepare 90% Level Cost Opinion
Incorporate IEPA and Multidiscipline QC Revisions
Complete Design Documents
Update Engineer's OPCC and construction schedules
Final Design Review Workshop
Final QC, Sign and Seal Bid Documents
Issue Bid Documents
Bid Phase Services
Pre-Bid Conference
Attend pre-bid conference
Prepare minutes and distribute to plan holders
Interpret Construction Contract Documents
Respond to bidder inquiries
Issue addenda as required
Assist City with Bid Review and Contract Award
Attend bid opening
Evaluate bids and issue written recommendation
Prepare Conformed Documents
Prepare and distribute conformed copies of the Contract Documents
r
2 of 2
AMENDMENT AGREEMENT NO.2
4)
THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this
day of ,2010,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 Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT dated October 22, 2008,attached hereto as Attachment B; and
WHEREAS,the CITY has determined that the proposed scope of the PROJECT as provided
by the ORIGINAL AGREEMENT and the Amendment Agreement No. 1 of the ORIGNAL
AGREEMENT should be modified to facilitate activities allowing restart of the PROJECT as
authorized by the CITY; and,
WHEREAS,Amendment Agreement No. 1 of the ORIGINAL AGREEMENT provided for
a maximum payment to the ENGINEER of$861,250; and,
WHEREAS,the parties hereto have each determined it to be in their best interest to amend
the ORIGINAL AGREEMENT and Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT; and,
WHEREAS,the circumstances necessitating the changes to the ORIGINAL AGREEMENT
and the Amendment Agreement No. I of the ORIGINAL AGREEMENT contemplated by
this Amendment Agreement were not reasonable foreseeable at the time the ORIGINAL
AGREEMENT or Amendment Agreement No. 1 of the ORIGINAL AGREEMENT was
signed;the changes contemplated by this Amendment Agreement are germane to the
ORIGINAL AGREEMENT and Amendment Agreement No. 1 of 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 and
Amendment No. 1 to the ORIGINAL AGREEMENT are hereby amended as follows:
1. Add Project Restart to the Basic Services
Project Restart Services
Engineer shall provide Project Restart Services for the Project. Specific services to
be performed are as follows:
4)
City of Elgin 1 December 16,2010
Amite WTP Improvements
Amendment No.2
Task 501.Project Restart Initiation Meeting.Attend Project Restart Initiation
meeting with the City of Elgin.
Task 502.Multiple Bid Packages Feasibility Assessment.Evaluate project to
determine feasibility of multiple bid packages. Attend meeting with the City of
Elgin to discuss alternatives.
Task 503. Remobilize Project Team. Identify project team members to
complete final design. Conduct meeting to re-familiarize team with project scope.
Task 504. Codes/Equipment Availability Review. Review building, electrical,
and fire protection codes to identify changes resulting from project being placed
on hold in February 2008. Update drawings to incorporate updates relative to
codes changes and equipment availability. Update specification to incorporate
updates relative to codes changes and equipment availability.
Task 505. Opinion of Probable Cost Update. Contact equipment vendors to
obtain updated quotes for major equipment.
C. The Project Schedule set forth in Amendment Agreement No. 1 of the ORIGINAL
AGREEMENT is hereby deleted and replaced with the following:
Project Schedule.
The Owner and Engineer agree to revise the project schedule described in
Amendment No.1 of the ORIGINAL AGREEMENT to complete the Basic Services
described in ORIGINAL AGREEMENT,Amendment Agreement No. 1,and this
Amendment Agreement No. 2 in accordance with the project milestones identified
below. CITY agrees to further adjust the schedule milestones if the scope of work is
revised, or for any other delays beyond the Engineer's control.
Engineer Notice to Restart Design (no later than) January 31,2011
Submit Drawings to IEPA/Elgin 95%Complete ??
Target Bid Advertisement Date July 5, 2011
(Ready for Bid)
Notice to Proceed to Contractor August 30,2011
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 Nine Hundred Eight Thousand Three Hundred Fifty Dollars($
908,357.00)regardless of the actual costs incurred by the ENGINEER unless
modifications to the scope of work are authorized in writing by the CITY.
ORIGINAL AGREEMENT $706,800
Amendment Agreement No. 1 $154,450
Amendment Agreement No. 2 $ 47,107
Total Lump Sum Fee $908,357
City of Elgin 2 December 16,2010
Airlite WTP Improvements
Amendment No.2
E. Except as amended by this Amendment Agreement No.1 of the ORIGINAL
AGREEMENT and this Amendment Agreement No. 2,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&Veatch Corporation
(OWNER) (ENGINEER)
By: By:
Printed Name: Printed Name: Tom J.Ratzki
Title: Title: Vice President
Date: Date:
A
City of Elgin 3 Decem r 16,2010
Airlite WTP Improvements
Amendment No.2
ELGIN
THE CITY IN THE SUBURBS-
DATE: February 8, 2011
TO: Kyla Jacobsen, Water System Superintendent
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-22, Adopted at the January 26, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Amendment Agreement No. 2 with Black & Veatch Corporation for Airlite Street Water
Treatment Plant Improvements