TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 15, 2012
COMMITTEE ON ENGINEERING
Mr. David St. Pierre, Executive Director
Title
Authorization to execute a release and settlement agreement with M&E/CDM Design Partners, to resolve the dispute relating to professional engineering design services for Contract 04-823-3P, New Preliminary Treatment Facilities at Stickney and Calumet
Dear Sir:
Authorization is requested to execute a release and settlement agreement with M&E/CDM Design Partners, to resolve the dispute relating to professional engineering design services for Contract 04-823-3P, New Preliminary Treatment Facilities at Stickney and Calumet. The professional engineering design services produced construction documents for Contract 07-220-3P Primary Settling Tanks and Grit Removal Facilities, Calumet Water Reclamation Plant.
On January 19, 2012, the Board of Commissioners authorized the Director of Procurement and Materials Management to increase Contract 07-220-3P Primary Settling Tanks and Grit Removal Facilities, Calumet Water Reclamation Plant, in the amount of $462,303.55, CCO-192, to modify the force main discharge chamber openings and associated stop log frames in the Aerated Grit Building. The contract drawings showed four stop log openings between the force main discharge chambers and the adjoining influent channel for the aerated grit chambers. During the October 2011 start-up of the new facilities, it was discovered that the velocity of the flow through the openings into the influent channel was excessively high and caused uneven flow distribution in the influent channel and aerated grit chambers. To resolve this problem, the four stop log openings needed to be substantially enlarged. This required saw-cutting and removal of the reinforced concrete, modification of the stop log frames, and modifications to floor slab grating.
The Engineering Department contends that the design consultant failed to meet the design intent for this contract by failing to provide an opening of sufficient size into the influent channel for the aerated grit chambers. Due to the fact that substantial rework of newly installed structures was required to remedy the error, it was determined that the design consultant should be responsible for the portion of the extra work that was directly due to their errors and omissions. Therefore, the Engineering Department has requested, and M&E/CDM Design Partners has agreed, to remit the sum of $277,382.13 to the District as payment for the extra work required. The remaining portion of CCO-192 is considered work that would have been required under the contract and therefore remains the responsibility of the District.
It is hereby recommended that the Board of Commissioners authorize the Executive Director to execute a release and settlement agreement with M&E/CDM Design Partners after same is approved by General Counsel as to form and legality, and after said release and settlement agreement is executed by M&E/CDM Design Partners. Upon full execution of the agreement, M&E/CDM Design Partners will remit a check to the District in the stated amount.
Requested, Thomas E. Kunetz, Assistant Director of Engineering, TEK:ECB
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Frank Avila, Chairman Committee on Engineering
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for May 15, 2012