13-127 Resolution No. 13-127
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH BURNS &MCDONNELL ENGINEERING COMPANY, INC.
FOR ADDITIONAL CONSTRUCTION ENGINEERING SERVICES IN
CONNECTION WITH THE AIRLITE WATER TREATMENT
PLANT IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute amendment agreement No. 1 with Burns & McDonnell
Engineering Company, Inc. on behalf of the City of Elgin for additional construction engineering
services in connection with the Airlite Water Treatment Plant Improvement Project, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 14, 2013
Adopted: August 14, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
l
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 14th day of
August , 2013, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc, a
Missouri corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
September 28th, 2011 wherein the City engaged the Engineer to furnish certain professional
services in connection with the Consulting Engineering Services for the Construction Phase of
the Airlite Water Treatment Plant improvement Project (hereinafter referred to as "Original
Agreement"and the "Project"); and
WHEREAS, the parties hereby have each determined it to be in their best interests to amend
Original Agreement; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include additional full-time construction engineering services from February 1, 2013
to April 30th, 2013 relating to liquidated damages from the contractor; and engineering services
to mitigate water hammer occurring at the Airlite Water Treatment Plant that is affecting transfer
pump performance.
WHEREAS, the contract price for the Original Agreement is in the amount of$599,534.00, and
the cost for the additional construction engineering services relating to liquidated damages from
the contractor and engineering services to mitigate water hammer to be provided pursuant to this
Amendment Agreement No. 1 is in the amount of$93,190.49; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time the Original Agreement No. 1 was
signed; the changes contemplated by this Amendment No. 1 are germane to the Original
Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the City
and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein,
and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. Section 1 of the Original Agreement is hereby amended by adding the following
additional subparagraph D thereto to read as follows:
"D. ENGINEER shall also provide additional full-time construction engineering Services
relating to the .Airlite Water Treatment Plant Improvements Project as described in
Attachment B, entitled,"
"ADDITIONAL CONSTRUCTION ENGINEERING SERVICES
Airlite Water Treatment Plant Improvement Project
Amendment No. 1 —Additional Construction Engineering Services
attached hereto and made a part hereof. No Supplemental Services shall be performed
by the ENGINEER nor shall the City be responsible for payment of any Supplemental
Services unless and until such Supplemental Services are authorized in advance in
writing by the City."
3. Section 4 of the Original Agreement is hereby amended by adding the following to the
end thereof:
"E. For additional services to be provided pursuant to this Amendment Agreement No. 1
as described in Attachment B, Engineer shall be reimbursed in accordance with the rate
schedule included in Original Agreement, with a total fee for the services described in
Attachment B not to exceed $93,190.49 regardless of the actual time or actual costs
incurred by the ENGINEER unless substantial modifications to the Scope of Work are
authorized in writing by the CITY. The aforementioned not-to-exceed fee includes all
other direct costs incurred pursuant to and arising out of the Project which are not
included in the invoiced rate for personnel. For purposes of clarification, the total not-to-
exceed fees to be paid to the ENGINEER by the CITY are $599,534.00 pursuant to the
Original Agreement and $93,190.42pursuant to this Amendment Agreement No. 1, with
the total not-to-exceed fees pursuant to the Original Agreement and Amendment
Agreement No. 1 totaling $692,724. 49."
"F. A detailed Project Schedule for providing the Services described in Attachment"B"
as attached hereto and made a part of hereof as Attachment B-1."
4. The changes provided to the Original Agreement as provided in this Amendment
Agreement No. 1 are germane to the Original Contract as signed and this Amendment
Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law.
5. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement, and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF E IN CONSULTAN
By: By:
ity Manager
Attes : Attest:
r
City Clerk G%
OFFICU►L,——
ERIN HART1W
NOTARY PUBIC-STATE OF LUWS
MY COMMISSION EXPIR MMSMI
Attachment B
ADDITIONAL CONSTRUCTION ENGINEERING SERVICES
Airlite Water Treatment Plant Improvement Project
Amendment No. 1 — Additional Construction Engineering Services
1. OVERALL
1. General: Burns & McDonnell Engineering Company, Inc. (Engineer) will serve as the
City of Elgin's construction engineer providing full-time resident engineering services
for the period of February 2, 2013 through April 30, 2013 and engineering services to
mitigate booster (transfer) pump water hammer at the Airlite Water Treatment Plant.
As such the Engineer will function as an extension of the City's staff and be responsible
for providing construction engineering services for the project. The Engineer shall
include implementation of City policies, program administration, coordination and
monitoring of consultants and contractors providing overall management control and
direction to document the construction of the Airlite Water Treatment Plant
Improvement Project in accordance with the City's objectives of cost, time and quality.
The Engineer will work closely with and report to the City Engineer or his designee. It
shall be understood that the Engineer will act as the City Engineer on this project and
shall coordinate with other City entities such as the Legal Department, City Clerk,
Purchasing Director and Water Director. The Engineer shall be responsible for acting
as the City Engineer on this project in regard to Federal, State and county issues as well.
2. Law: The Engineer is expected to understand all State, County and City Laws
governing construction engineering services for the Airlite Water Treatment Plant
Improvements Project.
2. CONSTRUCTION SERVICES
a. Task 1 a - Provide Full Time Construction Resident Infector
Burns & McDonnell will provide full time Resident Engineer/inspector on this
Project. Steve will be responsible for construction observation and inspection
services on the Project. This Amendment No. 1 proposal is based on providing these
services from February 2, 2103 through April 30,2013 or a period of three months.
Steve will be responsible for observing the work for conformance with the Contract
Construction Documents,preparation of daily and weekly reports and notification to
the City and Burns& McDonnell construction project manager of any items that are
not in conformance with the Contract Construction Documents. Photo
documentation will be provided as part of these services. Daily and weekly reports
will be submitted to all parties as directed by the City. Burns&McDonnell will also
provide additional support services as needed for the project.
b. Task lb—Enizineering Support to Mitigate Water Hammer
Burns &McDonnell will provide additional engineering services to mitigate a plant
excessive water hammer(transient wave)occurring at the Airlite WTP and support
with minor construction/operational issues. This work will include meeting with City
staff, providing written recommendations for mitigating water hammer, providing
procurement support and construction support. A total of 75 hours of support has
been included in this task.
c. Task 1 c—Project Closeout Support— Liquidated Damages
Burns & McDonnell will provide engineering services as required to develop and
present supporting documentation assist the City in negotiating or discussing
liquidated damages due from the contractor.
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