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HomeMy WebLinkAbout20-114 Resolution No. 20-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM—2021 IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the lead service line replacement(LSLR)program—2021 improvements, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 26, 2020 Adopted: August 26, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 7/29/20 AGREEMENT THIS AGREEMENT is made and entered into this 26th day of August . 20 20 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and ENGINEERING ENTERPRISES, INC.,an Illinois Corporation(hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the LEAD SERVICE LINE REPLACEMENT(LSLR) PROGRAM — 2021 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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY, herein after referred to as the "DIRECTOR". B. The ENGINEER shall furnish professional engineering services for the PROJECT including but not limited to design engineering and IEPA loan documentation services. C. A detailed Scope of Services is attached hereto as Attachment A and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. 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. - 1 - 7/29/20 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY 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 paid in accordance with the Estimate of Level of Effort and Associated Cost dated June 11, 2020, attached hereto as Attachment C, and in accordance with the ENGINEER'S Standard Schedule of Charges dated January 1, 2020, attached hereto as Attachment D, for personnel employed on the PROJECT, with the total fees and expenses to be paid to the ENGINEER not to exceed $181.995.00, regardless of the actual costs incurred by the ENGINEER, unless substantial modifications to the scope of the work are authorized in writing by the CITY ENGINEER and approved by way of written amendment to this Agreement. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10%. Such outside services include but are not limited to services to be provided by Rubino Engineering, Inc., and the costs of all such outside services are included within the above-referenced total fee not to exceed amount of$181.995.00. C. Other components of the fee shall include printing, supplies and miscellaneous direct costs that will be invoiced to the CITY without mark-up. All costs for such other components are included in the above-referenced total fee not to exceed amount of$181.995.00. 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. - 2 - 7/29/20 Pa ment Schedule ESTIMATED INVOICE ESTIMATED% VALUEOFWORK ESTIMATED DATE COMPLETE COMPLETE INVOICEVALUE 9/30/2020 15% $ 27,299.25 $ 27,299.25 10/31/2020 25% $ 45,498.75 $ 18,199.50 11/30/20201 35% $ 63,698.25 $ 18,199.50 12/31/2020 45% $ 81,897.75 $ 18,199.50 1/31/2021 55% $ 100,097.25 $ 18,199.50 2/28/2021 65% $ 118,296.75 $ 18,199.50 3/31/2021 75% $ 136,496.25 $ 18,199.50 4/30/2021 80% $ 145,596.00 $ 9,099.75 5/31/2021 85% $ 154,695.75 $ 9,099.75 6/30/2021 90% $ 163,795.50 $ 9,099.75 7/31/2021 95% $ 172,895.25 $ 9,099.75 8/31/2021 98% $ 178,355.10 $ 5,459.85 9/30/2021 100% $ 181,995.00 $ 3,639.90 1 Total $ 181,995.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 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 Section 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 Section 6, 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. - 3 - 7/29/20 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 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. Regardless of the decision of the DIRECTOR relative to a claim submitted by 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. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 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,judgments, costs, attorneys 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 expiration and/or termination of this Agreement. - 4 - 7/29/20 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 ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, the following types and amounts of 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 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. 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 prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. 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. 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 Engineers 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. - 5 - 7/29/20 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, 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 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 the Agreement by the CITY. 15. 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. 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. - 6 - 7/29/20 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. 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. - 7 - 7/29/20 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 complaint 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 shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement,ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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 or confirmed in writing. - 8 - 7/29/20 28. 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: Eric Weiss Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER:- Jeffrey W. Freeman, P.E., CFM, LEED AP Chief Executive Officer Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. - 9 - 7/29/20 30. EXECUTION This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e- mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 31. IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES The additional contract provisions set forth in Attachment E and incorporated into this Agreement by this reference, are hereby incorporated and included in this Agreement by this reference. In the event of any conflict between the terms and provisions in Attachment E hereto, and other terms and provisions in this Agreement, the terms and provisions in Attachment E shall supersede and control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By City Manager Narne/Print:Jeffiey W.Freeman,P.E.,CFM,LEED AP Title: Chief Executive Officer Att s . ity Clerk - 10 - Exhibit A— Scope of Services Page 1 of 3 ATTACHMENT A SCOPE OF SERVICES LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM —2021 IMPROVEMENTS City of Elgin, IL The City of Elgin Water Works System currently includes a number of residential lead service lines (LSL), which connect the City's water distribution system to residential properties within the community. The City's intent is to implement a multi-year lead service line replacement program utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has prepared and submitted a Drinking Water Project Plan for review and approval by the TEPA. The City is seeking to proceed to the next phases of the loan program, which includes preparation of the PWSLP loan application and design engineering. EEI's proposed scope of service items are as follows: ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION: 1.1 Prepare Loan Application Form • Loan Program Certifications and Resolutions o Disbarment, Suspension, and Other Responsibility Matters o Intent Regarding National Flood Insurance o Project Site Rights of Way, Easements and Permits o Taxpayer ID (FEIN) Certifications o Five Officer Certification Form o Tax Compliance Certificate and Agreement o Authorizing Representative to Sign Loan Documents o Certified Bond Ordinance • Existing Water Rate Ordinance • Water System Information • Project Completion Schedule and Estimates 1.2 Financial Coordination with the City • Current and Future Debt • Comprehensive Financial Projections (5 years) • Audited Financial Statements • Bond Ratings • DUNS Number DESIGN ENGINEERING: 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract • General Coordination with the City, Sub-Consultants, and IEPA PWSLP Contact 2.2 Project Meetings • Kick Off Meeting with the City • Five (5) Public Information Meetings Including Presentations • Mandatory Pre-Bid Meeting ENGINEERING ENTERPRISES,INC. GAPublicSgm\2020\EG2005 LSLR Program-20211mWwements\PSA\02.EG2005 Attachment A-Scope Of Servces_ADoc CONSULTING ENGINEERS Exhibit A— Scope of Services Page 2 of 3 2.3 Acquire City Data and Utility Coordination • Acquire and Review Existing Engineering Plans and Geotechnical/LPC Data • Coordinate with City on Required Meter, Plumbing Fixtures, etc. for Private Side Services. • Design JULIE 2.4 Temporary Construction Easement (TCE) Agreements • Preparation, Delivery, Tracking and Coordination of TCE Agreements (400 Max) 2.5 Prepare Contract Documents and Estimates • Preparation of 60%, 90% and 100% Contract Documents and Engineer's Opinion of Probable Construction Cost for Review by the City. • Contract Documents Shall Consist of a Project Manual Comprised of the Following: O Typical City Contracting Documents (Provided by the City) O Project Specific Special Provisions o Location Exhibits O Existing Engineering Plans (Provided by the City) o Details o Geotechnical and LPC Data o All Required IEPA Language, Checklists and Certifications to be in Compliance with the Loan Program • Obtain IEPA PWSLP Approval of Contract Documents Prior to Bidding. Revisions to Contract Documents per IEPA Review as Necessary. 2.6 Bidding and Contracting • Prepare Ad for Bid and Coordinate Posting in Local Paper • Acquire Certified Ad for Bid • Prepare Bidders List • Address Bid Questions and Prepare Addenda • Coordinate Addenda Approval with IEPA Prior to Issuance • Prepare Bid Tab, Bid Summary, and Intent of Award Letter • Submit Successful Bid Proposal to IEPA for Approval The following scope of services will be provided by EEI's subconsultant Rubino Engineering if the data is not already available. • Perform Soil Borings • Prepare Geotechnical Report • Prepare LPC Form 662 or 663 Permit EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meetings • Residential Coordination Aside from TCE Waivers • Topographic Survey • Traditional Engineering Plans • Permitting (None Anticipated) • Bidding Process (Managed by the City Electronically) • Attend Bid Opening (Electronic; N/A) ENGINEERING ENTERPRISES,INC. G Public0gin\2020\EG2005 LSLR Program-2021 lmprwementsVISA\02.EG2005 Attachment A-Scope Of Senrices_A.Doc CONSULTING ENGINEERS Exhibit A— Scope of Services Page 3 of 3 ADDITIONAL SERVICES The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the agreement and will be billed in accordance with EEI's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. ENGINEERING ENTERPRISES,INC. GAPub1ic1F1gint20201EG2005 LSLR Rogram-20211mprmements\PSA102.EG2005 Anacnment A-Scope Of Service5_A.Doc CONSULTING ENGINEERS ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS A ATTACHMENT B: ELGIN��I SCHEDULE Lead Service Line Replacement(LSLR)Program-2021 IMPROVEMENTS THE QTY IN TFESUBl1itB5 CITY OF ELGIN,IL WORK Year. 2020 2021 ITEM Month: Se tember October November 1 December I Janua February March A rll may June Jul Au utt NO. WORKITEM ILLINOIS 1.1 Pre are Loan Application(Inc.Certificates and Resolution Coordination) 1,2 Financial Coordination with the CI DESIGN 2.1 IProject Management and Administration 2.2 Project Meetin s 2.3 Cit Data and Utility Coordination 2.4 Tem orar Construction Easement(TCE)Agreements 2.5 lContract Documents and Estimates 2.6 jBidding and Contracting \VAlkyxsfEEl Sbreps\Goc�WLlc`Elpn\N2PEG71106 LSLR Rapsn 7071 Impw�mav�WG1`f0].EG70Dt�MCMNI\B ScMM.bdGCMbb 1&1G7(q Legend Loan Application Project Management Meetings IEPA PWSLP Review Engineering ElBidding and Contracting ENGINEERING ENTERPRISES, INC. DATE: 611112020 CONSULTING ENGINEERS ENTERED BY: JAM ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES E LG I N Lead Service Line Replacement(LSLR)Program-2021 Improvements nmarrwnesuwmos CITY OF ELGIN,IL ENTITY: EEI WORK SENIOR ITEM COST LITEMRK PROJECT ROLE: SENIOR PROJECT PROJECT PROJECT HOUR PER PRINCIPAL MANAGER ENGINEER TECHNICIAN ADMIN. SUMM. ITEM O. WORK ITEM HOURLY RATE: $209 $203 $145 5109 570 ILLINOIS • APPLICATION 1.1 113repare Loan Application Inc.Certificates and Resolution Coordination 36 48 84 $14,268 1.2 Financial Coordination with the Cit 16 16 32 $5,568 Illinois PWSLP Loan Application Subtotal: 52 64 116 $19,836 DESIGN RB,rdd Mana ement and Administration 12 60 12 84 $16 428 Meetin s 18 31 28 77 $14,115 ta and UtilityCoordination 24 24 $3,480 ra Construction Easement TCE A reements 500 8 508 $73,060 t Documents and Estimates 70 140 25 1 236 $37,305 and Contracting 17 18 - 3 38 $6,271 Design EngineeringSubtotal: 30 178 722, 25 12 967 $150,659 PROJECT TOTAL: 30 1 230 1 786 1 25 12 1,083 $170,495 Notes: DIRECT EXPENSES LABOR EXPENSES See Attachment A/or Detailed Scope o/Services and Exclusions Mileage= $0 Engineering Expenses= $166,930 Printing and Mailing= $500 Drafting Expenses= $2,725 Subconsultant(Rubino)= $11,000 Administrative Expenses= $840 DIRECT EXPENSES= $11,500 TOTAL LABOR EXPENSES= $170,495 TOTAL CONTRACT COSTS= 181 995 ATTACHMENT D s- Al EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $214.00 Principal E-3 $209.00 Senior Project Manager E-2 $203.00 Project Manager E-1 $183.00 Senior Project Engineer/Planner/Surveyor II P-6 $172.00 Senior Project Engineer/Planner/Surveyor I P-5 $160.00 Project Engineer/Planner/Surveyor P-4 $145.00 Senior Engineer/Planner/Surveyor P-3 $133.00 Engineer/Planner/Surveyor P-2 $121.00 Associate Engineer/Planner/Surveyor P-1 $109.00 Senior Project Technician II T-6 $158.00 Senior Project Technician I T-5 $145.00 Project Technician T-4 $133.00 Senior Technician T-3 $121.00 Technician T-2 $109.00 Associate Technician T-1 $ 96.00 GIS Technician G-1 $ 90.00 Engineering/Land Surveying Intern 1-1 $ 79.00 Administrative Assistant A-3 $ 70.00 VEHICLES.REPROGRAPHICS,DIRECT COSTS,DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) Reimbursable Expenses(Direct Costs) Cost Services by Others(Direct Costs) Cost+ 10% Unmanned Aircraft System/Unmanned Aerial Vehicle/Drone $200.00 Expert Testimony $250.00 13�0 0 i o0 o A0 # 0 0 � soso 0 `; � o�R �;. ATTACHMENT E IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment E. USEPA Nondiscrimination Clause: The contractor(engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the[WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5%for MBEs & 12%for WBEs".