HomeMy WebLinkAbout20-62 Resolution No. 20-62
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH
ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION
WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY
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 Amendment Agreement No. 1 on behalf of the City
of Elgin with Engineering Enterprises, Inc., for professional services in connection with the water
utilities risk and resilience assessment study, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 13, 2020
Adopted: May 13, 2020
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
May 13 , 2020, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation
(hereinafter referred to as"Engineer').
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
October 23, 2019 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City
engaged the Engineer to furnish certain professional services in connection with the WATER
UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY; and
WHEREAS, the parties hereto have determined it to be in their best interest to amend Original
Agreement; and
WHEREAS, the City has determined that the proposed scope of the Project should be modified to
include Supplemental Professional Engineering Services for the WATER UTILITIES
EMERGENCY RESPONSE PLAN(ERP); and
WHEREAS, the Original Agreement provides for a maximum payment of$49,500.00; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for the
Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of
$32,500.00; and
WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of
City and is authorized by law.
NOW,THEREFORE, for and in consideration of the mutual promises and covenants provided for
herein, and other good and valuable consideration, the sufficiency of which is hereby
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 That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph E thereto to read as follows:
"The Engineer shall also provide Supplemental Services for the Project which includes the
Professional Engineering for the WATER UTILITIES EMERGENCY RESPONSE PLAN
(ERP) in accordance with Attachment A-1 and Engineer shall furnish such Supplemental
Services for the Project as outlined and detailed in Attachment C-I,"
3. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Engineer shall provide the Supplemental Services provided for in Amendment
Agreement No. 1 in accordance with the schedule outlined herein and detailed in
Attachment B-1."
4. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph D,paragraph E and Payment Schedule to read as follows:
I
"D. For services described in Attachments A-1, C-1, Engineer shall be paid a fixed fee
(lump sum) of$32,500.00 for the services to be provided pursuant to this Amendment
Agreement No. 1, regardless of the actual time or actual costs incurred by the Engineer
unless substantial modifications and scope of work are authorized in writing by the City
and approved pursuant to a further written amendment to this Agreement. The total fees to
be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement
No. 1 now total $82,000.00. The detailed basis of the additional fee associated with
Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates
of personnel utilized. The attached Standard Schedule of Charges dated January 2020 will
be utilized for this Project attached hereto as Attachment D."
"E. The City shall make periodic payments to the Engineer for services described in
Attachments A-1 and C-1 based upon actual progress within 30 days after receipt and
approval of invoice. Said periodic payments to the Engineer shall not exceed the amount
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."
Payment Schedule for Supplemental Services
INVOICE ESTIMATED% ESTIMATED ESTIMATED
DATE COMPLETE VALUE OF WORK INVOICE
COMPLETED VALUE
6/30/2020 20% $6,500 $6,500
7/31/2020 40% $13,000 $6,500
8/31/2020 60% $19,500 $6,500
9/30/2020 80% $26,000 $6,500
10/31/2020 100% $32,500 Ig 500
TOTAL $32,500
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall
remain in full force and effect.
7. 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 CONSULTANT
By: By: lv. �4aZkCl�LG.�L
City Manager is ie Executive Officer
Att st: Attest:
City Clerk-/ — Executive Assistant
ATTACHMENT A -1
SCOPE OF SERVICES
WATER UTILITY EMERGENCY RESPONSE PLAN (ERP)
City of Elgin, Cook and Kane Cos., IL
BACKGROUND
The American Water Infrastructure Act (Public Law Number 115-270, passed 10/23/2018)
requires all Community Water Supplies serving populations greater than 3,300 to conduct a:
1) Risk and Resilience Assessment (RRA), and an
2) Emergency Response Plan (ERP).
The City of Elgin Water Utility (EWU) certified to the United States Environmental Protection
Agency (USEPA) Administrator that it completed its RRA on March 31, 2020.
EWU must certify to the US EPA Administrator, not later than 6 months after certification of the
RRA, which is September 30, 2020, that EWU has completed its ERP.
Engineering Enterprises Inc. (EEI)will assist EWU in meeting the regulatory requirements of the
American Water Infrastructure Act of 2018 for an Emergency Response Plan by conducting the
following Scope of Services.
TASK A: PROJECT ADMINISTRATION AND FACILITATION
Task A-1: Project Administration
This task includes a Project Kick-off meeting, overall project planning, coordination with EWU
staff, and project management. EEI will establish project milestones and work will EWU to
ensure these milestones are accomplished on time. We will also provide monthly written Project
Progress Reports.
Task A-2: Stakeholder Assistance and Workshops
EEI will assist EWU in designating internal and external stakeholders that will participate in the
development of the ERP. We anticipate the following stakeholder groupings:
• Program Champion —One (1) Water Utility employee responsible for overall project
coordination.
• Steering Committee— Four(4) to six (6) Water Utility employees (including the Program
Champion)who will review technical information and participate in key decisions
regarding the Utility's priorities and preferences throughout the project.
• Stakeholder Group— Six (6)to ten (10) representatives from other organizations inside
and outside the City who will participate in Workshops and provide input based on the
perspective of the organization they represent.
EEI will lead up to two (2) Stakeholder Workshops during the development of the ERP. For each
workshop, EEI will provide EWU with relevant information to be distributed participants prior to
the workshop. During the Stakeholder Workshops, EEI will provide general background and
technical information concerning the topics to be presented and discussed. EWU will be
afforded the opportunity to make presentations during the workshops, as desired. The purpose
of the Stakeholder Workshops is to receive comments and suggestions from participants on
how to make the program more effective.
ENGINEERING ENTERPRISES,INC. "G:\Public\Elgin\2019\EG1903 Risk&Resiliency Assessment\PSA\
CONSULTING ENGINEERS Amendment No 1\Attachment Al-Scope of Services.docx"
Attachment A-1 —Scope of Services
Page 2 of 3
Task A-3: Steering Committee Assistance and Progress Meetings
EEI will lead up to three (3) Steering Committee meetings during the development of the ERP.
EEI will provide the Steering Committee with relevant background information prior to each
meeting. The meetings will be an opportunity for EWU to provide input on their priorities and
preferences regarding key decisions during the development of the ERP.
TASK B: EMERGENCY RESPONSE PLAN
Task B-1 — Review Existing Emergency Response Plan
The American Water Infrastructure Act of 2018 requires all Community Water Supplies to
update their ERPs to incorporate the results of the RRA. Specifically, the update must address
the following:
• Strategies and resources to improve the resilience of the system, including the physical
security and cybersecurity of the system;
• Plans and procedures that can be implemented, and identification of equipment that can
be utilized, in the event of a malevolent act or natural hazard that threatens the ability of
the community water system to deliver safe drinking water;
• Actions, procedures, and equipment which can obviate or significantly lessen the impact
of a malevolent act or natural hazard on the public health and the safety and supply of
drinking water provided to communities and individuals, including the development of
alternative source water options, relocation of water intakes, and construction of flood
protection barriers; and
• Strategies that can be used to aid in the detection of malevolent acts or natural hazards
that threaten the security or resilience of the system.
For Task B-1. EEI will review EWU's existing ERP and create a detailed plan for updating it to
meet the requirements of the American Water Infrastructure Act of 2018.
Task B-2: Draft Emergency Response Plan
For Task B-2, EEI will update the EWU's existing ERP incorporating the results of the RRA in
accordance with the requirements of the American Water Infrastructure Act of 2018. The Draft
ERP will be submitted to EWU for review and comment.
EEI will use the Community Water System Emergency Response Plan template provided by the
EPA Office of Water(EPA 816-B-19-003) as the guiding document in preparing the ERP. The
plan will include the following sections:
ENGINEERING ENTERPRISES,INC. "G:\Public\El9in\2019\EG1903 Risk&Resiliency Assessment\PSA\
CONSULTING ENGINEERS Amendment No 1\Attachment Al-Scope of Services.docx"
Attachment A-1 —Scope of Services
Page 3 of 3
UTILITY INFORMATION
i Utility Overview
ii Personnel Information
iii Primary Utility Components
iv Industry Chemical Handling and Storage Facilities
v Safety
vi Response Resources
vii Key Local Services
1 RESILIENCE STRATEGIES
1.1 Emergency Response Roles
1.2 Incident Command System(ICS)Roles
1.3 Communication
1.3.1 Internal Communication
1.3.2 Extemal Response Partner Communication
1.3.3 Critical Customer Communication
1.3.4 Communication Equipment Inventory
1.4 Media Outreach
1.5 Public Notification Templates
2 EMERGENCY PLANS AND PROCEDURES
2.1 Core Response Procedures
2.2 Incident-Specific Response Procedures
3 MITIGATION ACTIONS
3.1 Alternative Source Water Options and Interconnected Utilities
3.2 Other Mitigation Actions
4 DETECTION STRATEGIES
EEI will present the rationale and content of the ERP during a Stakeholder Workshop. EEI will
address any issues identified during the workshop in a second workshop, if necessary. The final
resolution of these issues will be incorporated in the Final ERP.
Task B-3: Final Emergency Response Plan
For Task C-3, EEI will finalize the ERP ensuring that it meets all the requirements of the
American Water Infrastructure Act of 2018.
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. "G:\Public\Elgin\2019\EG1903 Risk&Resiliency Assessment\PSA\
CONSULTING ENGINEERS Amendment No 1Attachment Al-Scope of Seniices.docx"
ii
Engineering Enterprises,Inc. DATE. 4116/202
ENTERED BY: TG
Attachment B-1:
SCHEDULE
EMERGENCY RESPONSE PLAN(ERP)
CITY OF ELGIN,COOK AND KANE COS.,IL
WORK Year:
ITEM Month MAY JUN JUL AUG SEP
NO. WORK ITEM Work Week Starting O N N N m N ^ N n ^ N
u"A"IM" 11 MI • • •
A-1Project Administration €
A-2 Stakeholder Assistance&Workshops(2 Workshops)
A-3 Steering Committee Assist. & Progress Mtgs. (3 Mtgs.)
C-1 Review Existing Emergency Response Plan
C-2 Draft Emergency Response Plan
C-3 Final Emergency Response Plan
Legend
Project Administration Work Item(s)
Stakeholder Workshops
Risk and Resilience Assessment
�� Emergency Response Plan "WPublic\E1gin\2019\EG1903 Risk&Resiliency Assessment\PSA\Amendment No 1\Allachment Bt-Schedule.xlsx"
IDATE: 4/16/202
Engineering Enterprises,Inc. ENTERED BY: TG
Attachment C-1:
ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES
EMERGENCY RESPONSE PLAN(ERP)
CITY OF ELGIN,COOK AND KANE COS., IL
ENTITY EEI WORK
PRINCIPLE SENIOR ITEM COST
WORK PROJECT ROLE: IN PROJECT SENIOR HOUR PER
ITEM CHARGE MANAGER ENGINEER TECHNICIAN ADMIN. SUMM. ITEM
NO. WORK ITEM HOURLY RATE $209 $203 $145 $109 $70
• • • • •
A-1 Project Administration 1 5 2 E $1,36
A-2 Stakeholder Assistance&Workshops(3 Workshops) 12 12 1 2 $4,28
A-3 Steering Committee Assist.&Progress Mtgs.(2 Mtgs.) 2 1 1 $3,311
Project Administration and Facilitation Subtotal: 3 25 20 2 2 5 $8,96
RESPONSEI TASK C:EMERGENCY
C-1 Review Existing Emergency Response Plan 1 4 R 1 $2,181
C-2 Draft Emergency Response Plan 20 '10 60 $9,86C
C-3 Final Emergency Response Plan 2 16 32 2 56 $8,88
Emergency Response Plan Subtotal: 3 40 80 4 2 129 $20,92
PROJECT TOTAL: 6 1 65 100 1 6 1 4 181 29,883
Mmes: DIRECT EXPENSES LABOR EXPENSES
Mileage= $0 Engineering Expenses= $28,94
Printing= $150 Drafting Expenses= $65
Subcontact with KaleTech= $2,500 Administrative Expenses= $28
DIRECT EXPENSES= $2,6501 1 TOTAL LABOR EXPENSES= $29,88
"G:\Public\ElgmQ019\EG1903 Risk&Resiliency Assessment\PSA\Amendment No 1\EG1903 Attachment Cl-Fee Schedule.xlsx" TOTAL CONTRACT COSTS= $3Z,S3
Attachment D
Standard ScheduleI Charges
January t I
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 1 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