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HomeMy WebLinkAbout23-211 Resolution No. 23-211 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 3 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2020 CORROSION CONTROL STUDY FOR LARGE SYSTEMS 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. 3 on behalf of the City of Elgin with Engineering Enterprises, Inc., for supplemental professional engineering services in connection with the 2020 corrosion control study for large systems, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 1, 2023 Adopted: November 1, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 3 THIS AMENDMENT AGREEMENT No. 3 is hereby made and entered into this day of November 1 , 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 previously amended the Original Agreement in AMENDMENT AGREEMENT NO. 2 dated February 22,2023;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. 3;and WHEREAS, the parties 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 total $479,392.00; and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 3 shall be in the amount of $82,977.00, 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, Amendment Agreement No.2,and Amendment No. 3 now total $562,369.00; and WHEREAS, the changes contemplated by this Amendment Agreement No. 3 are germane to the Original Agreement as signed; and this Amendment Agreement No. 3 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 H 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. 3 in accordance with Attachment A-3 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-3," 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. 3 in accordance with the schedule outlined herein and detailed in Attachment B-3." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph H,paragraph I and Payment Schedule to read as follows: "H. For services described in Attachments A-3, C-3, Engineer shall be paid a sum of $82,977.00 (hourly, not-to-exceed) for the services to be provided pursuant to this Amendment Agreement No. 3, 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, Amendment Agreement No. 1, Amendment Agreement No. 2, and Amendment No. 3 now total $562,369.00. The detailed basis of the additional fee associated with Amendment Agreement No. 3 is included in Attachment C-3 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-2." "I. The City shall make periodic payments to the Engineer for services described in Attachments A-3 and C-3 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 ITEM DATE ESTIMATED % ESTIMATED ESTIMATED COMPLETE INVOICE VALUE OF VALUE WORK COMPLETE (CUMULATIVE) Amend. No. 3 10/15/2023 25.00% $20,744 $20,744 Amend. No. 3 11/15/2023 20.00% $16,595 $37,340 Amend. No. 3 12/15/2023 25.00% $20,744 $58,084 Amend. No. 3 1/15/2024 10.00% $8,298 $66,382 Amend. No. 3 2/15/2024 10.00% $8,298 $74,679 Amend. No. 3 3/15/2024 10.00% $8,298 $82,977 Total 100% $ 82,977 6. That except as amended in this Amendment Agreement No. 3 the Original Agreement. as previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2. shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement.Amendment No. 1. Amendment No. 2, and the provisions in this Amendment Agreement No. 3, the provisions of this Amendment Agreement No. 3 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: l t/. PiAzvyi .rL City Manager is ie Executive Officer At s • Attest: City CI rk Its Executive Assistant ATTACHMENT A-3 SCOPE OF SERVICES CORROSION CONTROL STUDY FOR LARGE SYSTEMS — 2020 — AMENDMENT NO. 3 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, the Demonstration Studies Amendment (No. 1), and Amendment No. 2. The Phase 1 —Desktop System Study services from the original Agreement have been completed and Demonstration Studies were required to confirm the effectiveness of the potential corrosion control treatment options and to satisfy IEPA requirements. The Demonstration Studies Amendment (No. 1) included anticipated work associated with the Lead Solubility Studies and Harvested LSL Flow Through Studies. Due to the significant additional time and resources required for the Demonstration Studies to stabilize the pipes and obtain beneficial data, Amendment No. 2 was required to complete items for the Corrosion Control Study. The Corrosion Control Study was submitted to the IEPA in July 2023, but there are scope items in Amendment No. 2 that are ongoing. including Cost Analysis and Recommendations. Chemistry Review, Harvested Pipe Scale Analysis, and Ductile Iron Pipe Analysis. These items will continue until completion as part of Amendment No. 2. The Optimal Corrosion Control Treatment (OCCT) recommendations identified multiple targets for pH, as well as feeding orthophosphate. It was determined that there would be benefit in evaluating lower orthophosphate concentrations at the different pH targets to consider future reduction in orthophosphate feed rates. The benefits of lower concentrations would be chemical cost savings and mitigating impacts to the sewer system and Fox River Water Reclamation District's treatment requirements. 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: Task 1: Amended Task for Demonstration Study: Harvested Lab Flow-Throuqh Studies (from the Demonstration Studies Amendments No. 1 and No. 2) 1.01 Additional Project Management, Facilitation, and Monthly Status Reports associated with this task. 1.02 Harvested Pipe Study. Five pipes will continue to be operated. One test will be Airlite water at pH 9 and an orthophosphate dose of 3 mg/L. A second Airlite test will be at pH 7.8 and an orthophosphate dose of 2.5 mg/L. Riverside water will be tested at pH 9 and pH 7.8 at a dose of 2.5 mg/L. If testing at 2.5 mg/L is successful, those pipes will be lowered to 2.0 mg/L and that may need to be continued in Optional Task 3. In addition, the Airlite pipe at pH 9 and 3 mg/L orthophosphate will be lowered to 2.5 or 2.0 mg/L depending on other results. One pipe that is not at steady state will continue to be run. The time frame is estimated at 5 months beginning June 1, 2023. Includes scope and fees with associated laboratory testing. 1.03 Modified OCCT Recommendation in a report to be submitted to the IEPA. ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A.3 — Scope of Services Page 2 of 2 Task 2: Amended Task: Coordination with the City, IEPA, and USEPA 2.01 Additional Project Management, Facilitation, and Monthly Status Reports associated with this task. 2.02 Meetings with City, IEPA and USEPA — Including Preparation Items. Coordinate and lead meetings to update each entity for results of the additional testing and modified OCCT recommendations. Task 3: OPTIONAL Amended Task for Demonstration Study: Harvested Lab Flow-Through Studies (from the Demonstration Studies Amendments No. 1 and No. 2) 3.01 Additional Project Management, Facilitation, and Monthly Status Reports associated with this task. 3.02 Harvested Pipe Study. Continuation of scope in 1.02 for an additional three (3) months, only if approved by the City, if deemed necessary to produce results for modified OCCT recommendations. Includes scope and fees with associated laboratory testing. 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 B-3:IMPLEMENTATION SCHEDULE 09'222023 `,J- Ili vP itif.t. r..y.,�- CORROSION CONTROL STUDY FOR LARGE SYSTEM-2020-AMENDMENT NO.3 ITEM I 2020 2021 2022 2023 2024 NO. WORK ITEM IJIAISIOINID II FIMIAIMI 11JjAISIOINIO 1IFIM[AIMI/11[415I01NIO II FIMIAIMI Jill Al SIOINID II FIMIAIMI1 0.1 Project Administration I I I , 0.2 Facilitate RFI w/City i i t 0.3 Project Kickoff Meeting I • 1 , 1 0.4 Site Visits to Water Treatment Plants(Combined with Project Kickoff Meeting) 0.5 MonthlyStatus Reports 1 • I • • E 1-DESKTOP SYSTEM STUDY 1.01 Gather and Organize Existing Lead and Copper Testing Data WRT Existing and Proposed lead&Copper Rule _ ; _ f 1 I 1.02 Analyze Existing Data for Spatial/Temporal Patterns 1.03 Analyze Existing Water Quality Variations in Distnbution System from Two Water Treatment Plants , I• - 1.04 Analogous System Preliminary Research I I I _ 1.05 Identify Saturation pH for Calcium Carbonate in System and Analyze for System Impacts • ORIGINAL DUE I PREVIOUS DUE . OCR 1.05A Scale Analysis of Existing Piping 14 Pipes Recommended) DATE TO IEPA: I DATE TO IEPA: RECOMMENDATION I - :?DATE 2021 1 1ULY30,2022 SUBMITTED TO IEPA: 1.06 Use Modeling Software to Evaluate Corrosion Characteristics of Water I JULY 30,2023 1.07 Identify Potential Changes to Treatment/Water Quality - • T I I 1.08 Use Modeling Software to Predict Changes to Water Characteristics with Changes to Treatment - t.00 Use Modeling Software to Identify Potential Disinfection Impacts IChloramines)with Changes to Treatment I I 1 1.10 Use Flow Charts from USEPA/IEPA Guidance Documents to Select Treatment Option(sl)Max.of 21 -— - , 1 t.11 Use Supplemental Processes to Evaluate and Select Treatment Option(s)(Max.of 2) 1.12 Evaluate Pilot Study Options for Select Treatment Optionls).e.q.Pipe Loop,Metal Coupon,Partial-System Tests - I : , _ 1 1 7.13 ,Progress Review Meeting No.1 with City(Including PowerPoint Presentation) - • - , 1.14 .Coordinate Conference Call with IEPA to Discuss Analysis and Treatment Options Identified(Including PowerPoint Presentation) I I I ' A.1 Demonstration Study.Bench Solubility Study I t A.2 Demonstration Study:Harvested Lab Flow Through Study B.I Amended Task for Project Management&Project Facilitation I I I _ 0.2 Amended Task for Phase 2•Cost Analysis and Recommendations 8.3 Amended Task for Demonstration Study.Harvested Lab Flow-Through Studies - I , I , , ! , R4 New Task Coordination with the City,IEPA and USEPA 0.5 _New Task Water Treatment Plants Chemistry Review - . ! , , i 1 - 8.6 New Task.Harvested Pipes Scale Analysis __ - _ - I 8.7 Ness Task Ductile Iron Pipe Analysis j C.1 Amended Task for Demonstration Study:Harvested Lab Flow-Through Studies I 1 ! I C.2 New Task:Coordination with the City,IEPA and USEPA _ I I I - .Optional:Amended Task for Demonstration Study Harvested Lab Flow-Through Studies j j •SEE ATTACHMENT C.3 FOR FULL SCOPE OF AMENDMENT NO.3 "SCHEDULES ARE APPROXIMATE —ORIGINAL PROJECT SCHEDULE UPDATED TO REFLECT CURRENT STATUS *? ATTACHMENT C-3:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST • PROFESSIONAL ENGINEERING SERVICES : . on Corrosion Control Study For Large Systems REP-2020-AMENDMENT NO.3 _E LG I N n,•.,i,..,, 7....<i..�. e...s{.�v Cns,rllqin.11l1nnis ‹.__✓ ENTITY: Er CORNWELL ENGINEERING GROUP,INC. WORK PRINCIPAL SENIOR SENIOR ITEM COST WORK PROJECT ROLE: IN PROJECT PROJECT GIS/CAD TECHTKAL PROTECT TECHNICAL HOUR PER ITEM CHARGE MANAGER INGMEUO TECHNICIAN ADMIN. MANAGER MAMAGRR QAQC CHEMIST TECHNICIAN SUMM. REM IWF STD KMM MIT DIM DAC MS RB STAFF STATE NO. WORK ITEM HOMILY 024E 3231 81110 S140 S70 $250 S120 $200 SOO SOS AMENDED TASK FOR DEMONSTRATION STUDY:HARVESTED LAB FLOW-THROUGH STUDIES 01 Adduwnal Prot:ct/Aaoagem-nt tar 4tarern,and Multhly S•.atvs Rcpnts _ _ 2 8 S IS 30 S S.UPS 1 02 Adddanal Testeg and Analysis 4 2 6 80 62 254 5 15376 'O3 Reused OCR Report Oo A 4 10 92 '14 $ 16.172 Amended Task for Demonstration Study:Harvested Lab Flow-Through Studies Subtotal: 2 20 0 - - 21 IE - 102 - 39$ S 44034 AMENDED TASK:COORDINATION WITH THE CITY,IEPA,AND USEPA 2.01 Additional Protect Management.F aciktal ion.and Monthly Status Reports _ 1 2 4 9 5 1,686 2 02 Meetmgt wish Cny,!EPA and USEPA•Irs[luding Preparation Items 4 8 4 6 12 34 5 6,548 Amem isd Task:Coordination with the City,IEPA,and USEPA Subie • S 10 4 - - i 1e - • - 43 $ 0,234 •PTIONAL TASK:ADDITIONAL DEMONSTRATION STUDY:HARVESTED LAB FLOW-THROUGH STUDIES 30I Additional PrOJect Management.Facilitation,and Monthly Status Reports 1 4 6 12 23 S 4.108 302 Ad*0onal Tertnq and Analysis 4 2 6 48 100 160 S 16.576 Optional Task DemonstratIon Slvdy:Harvested Lab Flow-TMough Studies Subtotal 1 0 2 - - 12 E0 . 100 - 123 S 26,40E I I I -1i44- l I I it1Es"1 . I I I -61 DIRECT EXPENSES/CREDITS ELj STAFF cORNWELL ENGINEERING GROUP INC.STAFF 1WF Whey Freeman,Pf-CFM,LEER AP DAC David A-Cornwell.Ph D.PE.BCF F _ STD Stephen T.Dennison.P.E. MS Michael Sun KMM Kristen M.Meehan,P.E. RR Rkhard Brown Lab Testing for Wws lien. 4,375 MIT Matthew 1.Taylor tab Testing for Work hem'. 1.750 DRA Deborah R.Anderson NET DRIER EXPENSES/CREDITS=I S 7,12E LABOR SUMMARY _ ED Labor EsDenses- S 1{ Comore'Labor Espeenses e $ 6:- TOTAL TA00RE1OOESES• $ 7S•032 Original Contract Amount S 111 646 Demonstration Studies Amendment No.1 Amount S Ian S40 Demonstrat,on Studies Amendment No.2 Amount- S 191.106 Engineering Enterprises, Inc. 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 I-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 Road • Sugar Grove, IL 60554 • Tel:630.466.6700 • Fax: 630.466.6701 • www.eeiweb.com