Loading...
HomeMy WebLinkAbout23-21 Resolution No. 23-21 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE CORROSION CONTROL 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. 2 on behalf of the City of Elgin with Engineering Enterprises, Inc. for supplemental professional engineering services in connection with the Corrosion Control Study, a copy of which is attached hereto and made a part hereof by reference. _s/David J. Kaptain David J. Kaptain, Mayor Presented: February 22, 2023 Adopted: February 22, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this day of 22nd February , 2023, 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 12, 2020 (hereinafter referred to as"ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the CORROSION CONTROL STUDY FOR LARGE SYSTEMS—2020; and WHEREAS, the parties hereto have previously amended the Original Agreement in AMENDMENT AGREEMENT NO. 1 dated April 28, 2021;and WHEREAS, the parties hereto have determined it to be in their best interest to further amend the 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 CORROSION CONTROL STUDY FOR LARGE SYSTEMS—2020—AMENDMENT NO. 2; and WHEREAS,the Original Agreement provides for a maximum payment of$133,646.00; and WHEREAS,Amendment No. 1 provides for a maximum payment of$148,540.00; and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 2 shall be in the amount of $227,790.00, and WHEREAS, the parties hereto have determined and agree that the remaining amount of$30,584 in the Original Agreement shall not be invoiced, and therefore the net addition to the Agreement (Original Agreement, Amendment No. 1 and Amendment No. 2) due to Amendment No. 2 shall be $197,206; and WHEREAS, the parties hereto have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement, Amendment Agreement No. 1, and Amendment Agreement No. 2 now total $479,392.00;and WHEREAS, the changes contemplated by this Amendment Agreement No. 2 are germane to the Original Agreement as signed; and this Amendment Agreement No. 2 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 further amended by adding the following subparagraph G thereto to read as follows: "The Engineer shall also provide Supplemental Services for the Project which includes the Professional Engineering for the CORROSION CONTROL STUDY FOR LARGE SYSTEMS — 2020 — AMENDMENT NO. 2 in accordance with Attachment A-2 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-2," 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 2 in accordance with the schedule outlined herein and detailed in Attachment B-2." 4. That Section 4 of the Original Agreement is hereby further amended by adding the following paragraph F,paragraph G and Payment Schedule to read as follows: "F. For services described in Attachments A-2, C-2, Engineer shall be paid a sum of $227,790.00 (hourly, not-to-exceed) for the services to be provided pursuant to this Amendment Agreement No. 2, 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. Amendment No. 2 includes a credit for an amount $30,584 not invoiced from the Original Agreement. Therefore, the net addition to the Agreement due to Amendment No. 2 is $197,206. The total fees to be paid to the Engineer pursuant to the Original Agreement, Amendment Agreement No. 1, and Amendment Agreement No. 2 now total$479,392.00.The detailed basis of the additional fee associated with Amendment Agreement No. 2 is included in Attachment C-2 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2023 will be utilized for this Project attached hereto as Attachment D-L" "G. The City shall make periodic payments to the Engineer for services described in Attachments A-2 and C-2 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." IPa�'ment Schedule for Supplemental Services ESTIMATED ESTIMATED ESTIMATED VALUE OF ITEM DATE % COMPLETE INVOICE WORK VALUE COMPLETE CUMULATIVE Original Contract Complete* 77.12% $103,062 $103,062 Amend.No. 1 Complete 100.00% $148,540 $148,540 Amend.No.2 1/15/2023 9.00% $20,501 $20,501 Amend.No.2 2/15/2023 25.00% $36,446 $56,948 Amend.No.2 3/15/2023 40.00% $34,169 $91,116 Amend.No.2 4/15/2023 55.00% $34,169 $125,285 Amend.No.2 5/15/2023 70.00% $34,169 $159,453 Amend.No.2 6/15/2023 80.00% $22,779 $182,232 Amend.No.2 7/15/2023 90.00% $22,779 $205,011 Amend.No.2 8/15/2023 100.00% $22,779 $227,790 Total 100% $479,392 *The remaining $30,584 from the Original Contract will not be invoiced 6 That except as amended in this Amendment Agreement No.2 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,Amendment Agreement No. 1, and the provisions in this Amendment Agreement No. 2, the provisions of this Amendment Agreement No. 2 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 CONSULTANT By: y: City Manager 4tstieXx�ec�utiv:eOfficer Atte t: Attest: .cQit�r,� c�yN�7JG City Cler Its Executive Assistant ATTACHMENT A.2 SCOPE OF SERVICES CORROSION CONTROL STUDY FOR LARGE SYSTEMS—2020—AMENDMENT NO. 2 City of Elgin, IL BACKGROUND This Scope of Services is supplemental to the Scope of Services identified in the original Corrosion Control Study for Large Systems — 2020 Agreement and the Demonstration Studies Amendment(No. 1). The Phase 1 —Desktop System Study services from the original Agreement have been completed and it had been determined that Demonstration Studies were required to confirm the effectiveness of the potential corrosion control treatment options and to satisfy IEPA requirements. The Demonstration Studies are required prior to continuing with Phase 2 — Cost Analysis and Recommendations from the original Agreement. The Demonstration Studies Amendment (No. 1) included anticipated work associated with the Lead Solubility Studies and Harvested LSL Flow Through Studies. Cornwell Engineering Group(Cornwell)with Engineering Enterprises, Inc. (EEI) commenced with Demonstration Studies testing to consider different pH and alkalinity targets as well as the possibility of orthophosphate treatment. Lead Solubility Studies from this phase have been completed and the Harvested LSL Flow Through Studies are in-progress. Based on best judgement at the time of the previous amendment, the flow-through testing was anticipated to take 24 weeks but has gone on for over a year due to slow stabilization and a need to test additional conditions. Due to the significant additional time and resources required for the Demonstration Studies to stabilize the pipes and obtain beneficial data, as well as an additional significant level of effort to coordinate with the Illinois EPA (IEPA) and USEPA to present updates on the study and answer questions, the fees associated with Amendment No. 1 have been fully utilized and invoiced prior to completion of all scope items in Amendment No. 1. Since there are remaining related tasks to be completed that were identified in Amendment No. 1, these associated work items and costs are carried over and included in Amendment No. 2. Similarly, the Original Contract included a work item for Phase 2 — Cost Analysis and Recommendations. As noted below, this work has not been completed and the scope has changed, so updated scope/fees are included in Amendment No. 2. In addition, the original contract completion date for this project was July 30, 2021 and the fees for the Original Contract and Demonstration Studies Amendment No. 1 utilized the Engineer's 2020 Standard Schedule of Charges. The tasks identified below for Amendment No. 2 are inclusive of work after January 1, 2023. As such,the Engineer's current 2023 Standard Schedule of Charges are utilized in Attachment C.2: Estimate of Level of Effort and Associated Cost for Amendment No. 2. As such, the "amended" tasks noted below (based upon tasks in the original contract or Amendment No. 1) supersede the associated tasks in the previous versions and are reflective of the anticipated work items after January 1, 2023. Events have taken place as discussed below that have resulted in additional modifications to the scope of the project. The tasks to be completed or modified are as follows: ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A.2— Scope of Services Page 2 of 3 Amended Task for Project Management and Project Facilitation (from the Original Contract) Additional project administration and coordination with City staff will be required. We will also continue to prepare Monthly Status Reports to help the City track progress. Amended Task for Phase 2: Cost Analysis and Recommendations (from the Original Contract) This task has not been completed and the related scope has become more complicated due to the degree of modifications required from what has been discovered during the previous work items. pH adjustment options with phasing/implementation plans are required. Also, evaluation of impacts of Orthophosphate addition must be analyzed, including related coordination with City and the sanitary district regarding impact of phosphates in the sanitary system. The summary report will be more comprehensive due to additional testing summaries required, as well as more detailed recommendations. Otherwise, the scope items from the original contract apply to this work item. Amended Task for Demonstration Study: Harvested Lab Flow-Through Studies (from the Demonstration Studies Amendment No. 1) a. DS Solubility Studies.This related lab testing has been completed. However,the funds allocated in this task for a final report were diverted to maintain the harvested pipe flow thorough studies. Additional funds are included in this amendment for the final report. b. DS Harvested Pipe Study. Due to the increased time required and additional test conditions the harvested pipe study needs to continue through April 2023. The funds in this task that were allocated to a report were used to keep the system operating. The Amendment includes time to operate the system through April and to prepare a final report. c. DS Expenses. This task is for the lead analysis associated with the solubility and harvested pipe studies. The task is currently over the budget allocation. Funding is included for budget overage and to operate through April 2023. Amended Task: Coordination with the City. IEPA, and USEPA There has been a significant amount of coordination required with the IEPA and USEPA to satisfy their requested updates for the study and to answer their queries, and coordination with them has included several presentations. It is anticipated that these requests will continue through the time that the Corrosion Control Study report is submitted and reviewed by these regulatory agencies, and this task includes the anticipated level of effort for coordination after January 1, 2023. Also included is a meeting in-person with the City's Committee of the Whole and related preparation. New Task: Water Treatment Plants Chemistry Review A potential new Corrosion Control Treatment (CCT) option is to raise or lower the pH leaving the water plants. This change will require chemistry changes so as to prevent secondary impacts due to the pH adjustments. This task is to review the two plant operations and model changes that could be made to allow successful pH adjustments. ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A.2 — Scope of Services Page 3 of 3 New Task: Harvested Pipes Scale Analysis To better understand the chemistry and select the best CCT option, scale analysis will be conducted on two pipes from the harvested pipe study. One pipe will represent a pH 9.0 condition and one a pH 7.8 condition. A summary report of the results will be prepared. New Task: Ductile Iron Pipe Analysis The second potential CCT change involves lowering the pH substantially. A potential impact of this is corroding the distribution system iron pipes and causing red water complaints. This task is for the City to send two, 4- or 6-inch diameter pipes, 4-to 6-inches long to Cornwell. Cornwell will simulate a pH change in fill and draw tests to estimate the potential for increased red water. Mitigating steps will be evaluated and a summary report prepared. 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. CONSULTING ENGINEERS ©® ATTACHMENT YF IMPLEMENTATION SCHEDULE ovz6n3 CORROSION CONTROL STUDY FOR LARGE SYSTEM-2020-AMENDMENT N0.2 City of Elgin,IL Dimwit*s.�,e•er are-ew•r 0.r 1181 2020 1021 2022 2023 NQ am J JAI SJOINIDIJI FIMIAIMI JIJIAJ s O N O l IFIMIAIMI 1 I J JAI SJOINIDIJIFIMIAIMIJI l A 5 0 N D 0.1 Pro ect Administration 0.2 Facilltate RFlw/Ctt 0.3 P ectKickofi'MeetingI 0.4 Site Visits 10 Water Treatment Plants(Combined with Project Kickoff Meeting) I 05 Monthly5tatus Reports 1.01 Gatherand O,g,n,ze Existin Lead and Co per Tesiin Data WRT Existingand Proposed Lead&Copper Rule 1 1.02 Ana a Exishn Data for S aBaVTa oral Patterns 1.03 Ana a Existing Water Cualrty Variations in Disinbutton System from Two Water Treatment Plants 1.04 Ana ous S stem Prehmne Research 1.05 Identi Saturation PH for Calcium Carbonate in S stemand Ana efor5 stem lm as ORIGINAL DUE I PREVIOUS DUE CURRENTNEW 1.05A Scale Analysis of ExistingPipin to Pipes Recommended) DATE TO IEPA: I DATE TO IEPA: I DUE DATETO I JULY 30,2021 JULY 30,2022 IEPA: 1.06 Use Modelin Software to Evaluate Corrosion Charactedslicsd Water JULY 30,2023 ty 10] Identi Polenlul Chan slo Treatment/Water Quah 1.03 Use Modelln Software to Predict Cha es to Water Charactedslia wtth Chan es to Treatment11 1.09 Use Modelin Software to ldend Potemial D8lnfection lm s(Chloramines)wih Chan es to Treatment 1.10 Use Flow Charts from USEPA/IEPA Guidance Documents to Select Treatment0 tion(s)(Max.of 2) 1.11 Use Supplemental Processes to Evaluate and Select TreatmentOption(s)(Max of 2) I 1 1.12 Evaluate Pilot Sluc1 Options for Select Treatment Optionts),*..Pipe Loop,Metal Coupon,Panlal-s tem Tests 1.13 Pr ress Review Mae tin No.1 with C' (including PowerPoint Presentation 1.14 lCoordinate Conference Call wnh IEPA to Discuss Ana sis antl Treatment0 ions ltlentifrad(Includinq PowerPoint Presentation) j AA Demonstration Stud.Bench Solubility Stud A Demonstration Study.Harvested Lab Flow Through Study I I B.1 Amended Task for Pro'ecl Management&Project Facilitation I I 8.2 Amended Task for Phase 2-Cost Analysis and Recommendations 8.3 Amended Task for Demonstration Study:Harvested Lab Flow-Through Studies BA New Task:CoordinationwRh the Cit,IEPAand USEPA B.5 New Task Water Treatment Plants Chemistry Review rT 8.6 New Task Harvested Pipes Scale Analysis B./ lNew Task Ductile Iron Pipe Anal si SEE ATTACHMENT C.2 FOR FULL SCOPE OF AMENDMENT NO.2 SCHEDULES ARE APPROXIMATE "'ORIGINAL PROJECT SCHEDULE UPDATED TO REFLECT CURRENT STATUS © �' �m,bnC—IS, m R11 Ib]P AMENDMININD] *da 1k � F AT]ACHMENT C.2:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST w PROFESSIONAL ENGRIEERING SERVICES ourta I -MrTamr-I.ar)pvT ) Ifl 4aWP,IxC. FFOY PAO,FCT AO Am NDED TASK FOR PRO)ECT MANAGEMENT&PROJECT FACILITATION [xOmEIX II TFOApCAF fuMM. IIEII xMM fA3. WW rtIY f]M f]Tl flf{ fl/9 3 10 fl]0 fA]00 SfIOf 36Sf I AdmmrslraUo2aM—.1—drro1wnw0bly 4, 11 5 6,bB{ M1I 5ulus Repor•., 6 5 1,3f6 •mantled TAY lorpro3a<1 Man fPr93e<I Fa<Ihutbn fubbtal: { 'AMENDED TASK FOR PHASE 2 COST ANALYSIS AND RECOMMENDATIONS Anal v,aM Cowdrrolwn of Possrbk SP<oMa ILCmMYnu of Sek<led TealmmlO lwn(sl,e. Dumf«Iron,Onto-P 1 121 211 1/ IE SN f 16,9E6 I { { { ]/ 1{ f 11.3b0 Pre re Cosl Estimate{slbTrealmenl0 wnl,l(Mari.ofll 1 11 16 ] 1 I.00 Pre reR«ommeMaUonlsl Evalroli e,ablll,Relkbllil,SXem CwAgmtin,E1<. 1 0 B 1 1 T05 rle PesWts In Re aM Submit loC 1/ / I 1 6 )/ f IIAIB Pum ess Revxw Meeu whh Cll ) 107 fiIWUe Pe aM Subm11 IOC aM IFPA b IB S 3.610 mmdad TaaA la,Maae]Co,t Anal ,mdA«ommmtlMimsSubtotal: 30 M IM / / 16 1] II 1] S] W fl 101 AMENDED D TASK FOR DEMONSTRATION N s f 19.eba 101 Aeenwnal5a„du ana wne,lean PbwTMrn.r!�I.,b Sumrw R 8 101 5 IB.SeA AarndMTaY lA.waaaballr s .Ift—w Lao Fbw-Thl hitudX,fubmm / 1] 1{ M11 1 -11 1 !]/ NEW TASK:COORDINATION WIT.THE CITY,IEPA,AND USEPA 301 Mee On 1 I USFPA- 'E Pm R01 of of Pr the Whok esenulron In<IMiln nP 1/ f :Comdlnarbn—hlM CI ,I EPA,—USfPA Subtoal. 10 NEW TASK WATER TREATMENT PLANTS CHEMISTRY REVIEW /01 nIaM MMeli M s IA,9)A /01 nw5,mi,+M R«ommeMalion, : a s •Wauriraam,a•1 PG.0[MMa Mr1aY H /M 5.01 Se1u and Pl ralbn ol5« S 1,300 NEW TASK HARVESTED PIPES SCALE ANALYSIS 501 5 1,600 503 MalnusaMLab Summal AepW " 5 INw Taal:Xarvaslatl aSUY Ana all SubtoW ] / 10 N { A IM 10fM NEW TASK UCTILE IRON PIPF ANALYSIS 601 Scl aaMR abon al MMns 1 I bPl An -Subt—I ENSFSICMRIIS EEI STAFF CORNWELL ENGINEERING GROUP.INC STAFF JOSH 3WF 3eYe)W Fn�-roan V f,(M,LEEPAP DAC Dawd A.c nwelLPM1D..P.E.00Ef �bWYYMn101.f 10)50 STD SYphm T.DmNsory P.E.s M.-ISun TI....A«amn00a11bn,b WMkpem 30]•f 1,300 AMM Wismn M.M MPE. RR PI,-d Brown LabT 'gl WYk Xem S.0]•f 3p0O AUT Matthew 3.T"" S I,SOp MA Deborah P.AMerson IR DYYRIXPlNS[SIQ[Mf• f S TOTAIu•oA IXPENfEf. Demon,uatwn SlWu,AmeMmeni No[lAmwm- E 1/a,1/0 ATTACHMENT D-1: STANDARD SCHEDULE OF CHARGES-JANUARY 1, 2023 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $244.00 Principal E-3 $239.00 Senior Project Manager E-2 $231.00 Project Manager E-1 $208.00 Senior Project Engineer/Surveyor II P-6 $196.00 Senior Project Engineer/Surveyor I P-5 $182.00 Project Engineer/Surveyor P-4 $165.00 Senior Engineer/Surveyor P-3 $152.00 Engineer/Surveyor P-2 $138.00 Associate Engineer/Surveyor P-1 $124.00 Senior Project Technician II T-6 $170.00 Senior Project Technician I T-5 $159.00 Project Technician T-4 $149.00 Senior Technician T-3 $138.00 Technician T-2 $124.00 Associate Technician T-1 $109.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $112.00 Engineering/Land Surveying Intern 1-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 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 $ 220.00 Expert Testimony $ 276.00 52 Wheeler ' •.• - Sugar Grove, 60554 • 1 4•• • 11 • 1 • 1 '• •