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HomeMy WebLinkAbout21-94 Resolution No. 21-94 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL CONSTRUCTION PHASE PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. for supplemental construction phase professional engineering services in connection with the Lead Service Line Replacement 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: June 23, 2021 Adopted: June 23, 2021 Omnibus 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 23rd day of June , 2021, 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 August 26, 2020 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the LEAD SERVICE LINE REPLACEMENT — 2021 IMPROVEMENTS (hereinafter referred to as the "Project"); 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 Construction Phase Professional Engineering Services for the LEAD SERVICE LINE REPLACEMENT — 2021 IMPROVEMENTS (hereinafter referred to as "Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of$181,995.00; 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$442,664.00; 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 D thereto to read as follows: "The Engineer shall also provide Supplemental Services for the Project which includes the Construction Phase Professional Engineering for the LEAD SERVICE LINE REPLACEMENT 2021 IMPROVEMENTS in accordance with Attachment A-1 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-1," 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 E and Payment Schedule to read as follows: "E. For services described in Attachments A-1, C-1, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of$442,664.00 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 $624,659.00. 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 2021 will be utilized for this Project attached hereto as Attachment D-1." Payment Schedule for Supplemental Services ESTIMATED INVOICE ESTIMATED% VALUE OF WORK ESTIMATED DATE COMPLETE COMPLETE INVOICE VALUE 11/30/2021 3% $ 13,279.92 $ 13,279.92 12/31/2021 5% $ 22,133.20 $ 8,853.28 1/31/2022 5% $ 22,133.20 $ - 2/28/2022 5% $ 22,133.20 $ - 3/31/2022 10% $ 44,266.40 $ 22,133.20 4/30/2022 23% $ 101,812.72 $ 57,546.32 5/31/2022 36% $ 159,359.04 $ 57,546.32 6/30/2022 50% $ 221,332.00 $ 61,972.96 7/31/2022 60% $ 265,598.40 $ 44,266.40 8/31/2022 70% $ 309,864.80 $ 44,266.40 9/30/2022 80% $ 354,131.20 $ 44,266.40 10/31/2022 90% $ 398,397.60 $ 44,266.40 11/30/2022 95% $ 420,530.80 $ 22,133.20 12/31/2022 95% $ 420,530.80 $ - 1/31/2023 95% $ 420,530.80 $ - 2/28/2023 95% $ 420,530.80 $ - 3/31/2023 96% $ 424,957.44 $ 4,426.64 4/30/2023 97% $ 429,384.08 $ 4,426.64 5/31/2023 98% $ 433,810.72 $ 4,426.64 6/30/2023 100% $ 442,664.00 $ 8,853.28 Total $ 442,664.00 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. Except as expressly amended in this Amendment Agreement No. 1, the terms and provision of the Original Agreement shall also apply to the Supplement Services provided for in this Amendment Agreement No. 1, including, but not limited to, the provisions of Section 31 of the Original Agreement providing for IEPA Professional Services Contract Clauses set forth in Attachment E thereto. 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: City Manager s Principal Att st• Attest City Clerk -"Id Its ecutive Assistant ATTACHMENT A-1 SCOPE OF SERVICES LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM-2021 IMPROVEMENTS City of Elgin, IL The City of Elgin has identified 375 private side lead services lines and 17 full lead service lines (main to meter) for a total of 392 lead services to be replaced using funds from the IEPA Public Water Supply Loan Program (PWSLP). To date the City has prepared and received approval of a Drinking Water Project Plan, submitted a loan application for review and approval by the IEPA, and is currently engaged in the design phase of the project. The City is seeking to proceed to the next phase of the loan program, which includes approval of the construction engineering agreement. EEI's proposed scope of service items are as follows: CONSTRUCTION ENGINEERING 3.1 Project Management and Administration • Project Management • Prepare for, Attend, and Facilitate the Preconstruction Meeting Including Preparation of Meeting Minutes • Shop Drawing Review • Resident Notifications (3 Total; English and Spanish) o Overall Project Information and General Schedule o Notice of Service Replacement o Restoration and Flushing Guidelines • Project Manager Attendance of Field Meetings; 1 Meeting per Month for 7 Months • Prepare Pay Estimates (10 each); IEPA Disbursement Requests (10 each); and Change Orders (2 Each) • IEPA Project Closeout 3.2 Observation and Documentation • Home Assessment with Contractor; Includes Photo Management • Construction Observation, Including: o Quantity Tracking, Documentation and Daily Field Reports (E-Mail and Salesforce) o On-Site Meetings with City as needed • Punch Walks and Letters (4 Each) The following scope of services will be provided by EEI's subconsultants: On Call CCDD Testing and Certification — LPC 662 (Rubino Engineering Inc.) • Waste Profile Testing (Rubino Engineering Inc.) • Plumbing and Grounding Inspections (B&F Construction Code Services, Inc.) EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meeting • Construction Layout • Post Construction Field Survey and/or Record Drawings • Resident Coordination During Construction (By Contractor) G:\Public\Elgin\2020\EG2005 LSLR Program-2021 Improvements\PSA\Phase 3 PSA\Attachment A-1 Scope of Services.doc ENGINEERING ENTERPRISES,INC. Page 1 of 2 CONSULTING ENGINEERS The above scope for "LEAD WATER SERVICE REPLACEMENT" 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 base contract and will be billed in accordance with the Standard Schedule of Charges. G:\Public\Elgin\2020\EG2005 LSLR Program-2021 Improvements\PSA\Phase 3 PSA\Attachment A-1 Scope of Services.doc ENGINEERING ENTERPRISES,INC. Page 2 of 2 CONSULTING ENGINEERS ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS / , ATTACHMENT B-1: ���I SCHEDULE Lead Service Line Replacement(LSLR)Program-2021 IMPROVEMENTS r a m N RL SUBUR 3$ CITY OF ELGIN,IL WORK Year 2021 2022 2023 ITEM Month •tembe October November December Janua Februa March A•ril May lune Ju Au•ust Se•tember October November December lama Februa March Aril May June NO. WORN ITEM Wee 1 2 3 • 1 2 3 l 1 2 3 ♦ 1 2 3 l 1 2 3 • 1 2 3 • 1 2 3 ♦ 1 2 3 • 1 2 3 0 1 2 3 0 1 2 3 • 1 2 3 • 1 2 l l 1 2 3 l 1 2 3 . 1 2 3 . 1 2 3 . 1 2 3 0 1 2 3 0 1 2 3 0 1 2 3 0 1 2 3 CONSTRUCTION ENGINEERING ® ■••■■•••■■■■•■••u■•■•■••■■■......■.■1MME MIME MIME ME■....■■.■\■■.■■■■■.■■■■■■■OMEN■■■■■■■ ® MIME■■I= IM••■EOMMINI ■■■■■■u■■■•■■■■■■ •IN ■■■ -.a,c,_s_.�.a,:rm s.c ,,, ..._ irv�=.•menew5nvw.�3vs1Val sa�.m1 ENGINEERING ENTERPRISES, INC. DATE: 5/17/2021 CONSULTING ENGINEERS ENTERED BY: JAM ATTACHMENT C-1: ,� ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST , FOR PROFESSIONAL ENGINEERING SERVICESE LG I v w ' Lead Service Line Replacement(LSLR) Program-2021 Improvements h E OTY INn SUBURBS CITY OF ELGIN,IL ENTITY: EEI WORK SENIOR I ITEM COST WORK PROJECT ROLE: SENIOR PROJECT PROJECT PROJECT HOUR PER ITEM PRINCIPAL MANAGER ENGINEER TECHNICIAN ADMIN. SUMM. ITEM NO. WORK ITEM HOURLY RATE: $217 $212 $162 $135 $70 CONSTRUCTION ENGINEERING 3.1 Project Management and Administration 14 185 66 - 1 266 353.020 3.2 Observation and Documentation - 2,012 - - 2012 $325 944 Construction Engineering Subtotal: 14 185 2,078 - 1 2,278 $378,964 Notes: DIRECT EXPENSES LABOR EXPENSES See Attachment A for Detailed Scope of Services and Exclusions Translations,Mailing and Printing= $1,000 Engineering Expenses= $378,894 Mileage= $11,700 Drafting Expenses= $0 Plumbing Inspections(B&F)= $32,000 Administrative Expenses= $70 Soil Testing(Rubino)= $19,000 TOTAL LABOR EXPENSES= $378,964 DIRECT EXPENSES= $63,700 TOTAL CONTRACT COSTS= 442,664 Attacment D-1 , . 1 r:,7,,,;,,-, iir„,i; ,1';', ,i, ,_'t-i,.,:,-1:.,":,, $ -:"".., '4, . 1 ?}fit V�r.♦ �.i.4- t+ Fr t:,„try v• • p ♦• t j� tom+ •it a. i� 4 ill*illir I e, b (zit", ......-a -> .—..ram r.. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $217.00 Principal E-3 $212.00 Senior Project Manager E-2 $206.00 Project Manager E-1 $185.00 Senior Project Engineer/Planner/Surveyor II P-6 $174.00 Senior Project Engineer/Planner/Surveyor I P-5 $162.00 Project Engineer/Planner/Surveyor P-4 $147.00 Senior Engineer/Planner/Surveyor P-3 $135.00 Engineer/Planner/Surveyor P-2 $123.00 Associate Engineer/Planner/Surveyor P-1 $110.00 Senior Project Technician II T-6 $158.00 Senior Project Technician I T-5 $147.00 Project Technician T-4 $135.00 Senior Technician T-3 $123.00 Technician T-2 $110.00 Associate Technician T-1 $ 97.00 GIS Technician G-1 $100.00 Engineering/Land Surveying Intern I-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 52 Wheeler Road, Sugar Grove, IL 60554— (630)466-6700 tel — (630)466-6701 fax —www.eeiweb.com