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HomeMy WebLinkAbout23-229 Resolution No. 23-229 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE COMPREHENSIVE WATER AND SEWER MASTER PLAN 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 supplemental professional engineering services in connection with the comprehensive water and sewer master plan, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 6, 2023 Adopted: December 6, 2023 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 6th day of December,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 10, 2022 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the COMPREHENSIVE WATER AND SEWER MASTER PLAN (the"Project"); and WHEREAS,the parties hereto have determined it to be in their best interest to 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 COMPREHENSIVE WATER AND SEWER MASTER PLAN—AMENDMENT NO. 1; and WHEREAS, the parties have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement were in the total amount of$1,339,658;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$114,371, and WHEREAS, the parties hereto have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement No. 1 now total $1,454,029; 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 interest 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 D thereto to read as follows: "D. The Engineer shall also provide Supplemental Services for the Project which includes the Professional Engineering for the COMPREHENSIVE WATER AND SEWER MASTER PLAN—AMENDMENT NO. 1 in accordance with Attachment A- 1 1 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-1-1," 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. 1 in accordance with the schedule outlined herein and detailed in Attachment B-1-1." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E,paragraph F and Payment Schedule to read as follows: "E. For services described in Attachments A-1, C-1-1, Engineer shall be paid a lump sum of$114,371 for the services to be provided pursuant to this Amendment Agreement No. 1, 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 $1,454,029. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment C-1-1. "F. The City shall make periodic payments to the Engineer for services described in Attachments A-1 and C-1-1 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 ITEM [)ATE ESTIMATED% ESTIMATED ESTIMATED COMPLETE INVOICE VALUE OF WORK VALUE COMPLETE (CUMULATIVE) Amend.No. 1 12/31/2023 2% $2,287.42 $2,287.42 Amend.No. 1 1/31/2024 95% $106,365.03 $108,652.45 Amend.No. 1 2/29/2024 100% $5,718.55 $114,371.00 Total 100% $114,371.00 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 Amendment No. 1,the provisions of this Amendment Agreement No. 1 shall control. 2 IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY 0 IN CONSULTANT By: By: (.! P2Q4..htezw, City anager s Ch f Executive Officer At s • Attest: �9� S City Cl k Its Executive Assistant Legal Dept\Agreement\I?IiI Amend Agr I-Comprehensive Water-Sewer Master Plan-Clean-I I-28-23.docx 3 ATTACHMENT A-1 SCOPE OF SERVICES COMPREHENSIVE WATER AND SEWER MASTER PLANS - AMENDMENT NO. 1 City of Elgin, IL BACKGROUND This Scope of Services is supplemental to the Scope of Services identified in the original Comprehensive Water and Sewer Master Plans Agreement. Based on the analysis completed as part of the original scope of services, it has been determined that the riverbed soils within the Fox River in the area between where Lincoln Avenue and Lovell Street would extend into the Fox River, referred to as the Lincoln-Lovell Saddle, should be characterized to assess the potential if the riverbed can be stabilized in this area should the Kimball Street dam be removed. This scope of services will provide coordination efforts, geotechnical investigation, riverbed soils characterization and follow up coordination with the City. More specifically, the tasks and subtasks to be completed are as follows: TASK 10 - LINCOLN LOVELL SADDLE FOX RIVER RIVERBED CHARACTERIZATION 10.1 Task Administration 10.2 Develop Geotechnical Services Request For Proposal (RFP) and Coordinate with Contractors 10.3 Site Visit To Assess Field Conditions 10.4 Five (5) Soil Borings Within the Fox River & Summarize the Findings Within the Report A total of five (5) soil borings will be advanced to a depth of 10 feet below bottom of theFox River riverbed. Soil samples will be collected at 2.5-foot intervals to the soil borintermination depths. GPS equipment will be used to layout the boring locations. The borings will be performed in accordance with the most recent edition of the ASTM standards including D1586. GSG's field representative will log the SPT results for the geotechnical borings and will inspect soil samples and prepare soil boring logs, provide soil description by color, texture, and consistency in accordance with the USCS classification system. A calibrated hand penetrometer will be used to determine the unconfined compressive strength of cohesive samples in the field. Perform laboratory testing on select soil samples obtained during the subsurface investigation. The type of the laboratory testing program is normally dependent upon the type of soil encountered at the site. The amount of laboratory testing to be performed will be determined after completion of drilling activities, and will be based on the materials encountered and what we anticipate will be required to perform the geotechnical analysis and prepare the reports. GSG's laboratory testing program may include performing the following: a. Moisture content per ASTM D2216 b. Particle size analysis per ASTM D422 ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A-1 —Scope of Services Page 2 of 2 Provide a geotechnical data report providing the results of the subsurface soil investigation and laboratory test results. The report will include information about the site investigation activities; providing copies of the boring locations, soil boring logs, laboratory data. soil and groundwater condition at the site. 10.5 Reassessment of Lincoln-Lovell Saddle Armoring Concept and Cost Estimate Redevelopment 10.6 Meeting with City of Elgin Staff To Review the Task Results Additional Services The above scope summarizes the work items that will be completed for this amendment. 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 artrza ATTACHMENT B-1.1: J SCHEDULE �1 C.W0W...E.NAAAIANSowMM.Plan-AmondmonINo.1 E LG I N WM..Works tv.tun P CYr M Ikon MRnt • nNA 11001:1001DODOCCIOCIOC©C OOEC DOD=OOCD]OmOIOCOOOOOOCCIOCC CMCIN DC=DODO OOmmC OmOm ONCE OOOOCOOE©OmDD UMW II - •.r.NTAPrO*WACUTAUON m•_.. �. .a.NrNW W... dN Fil Cerat+WW.A. &O. --NNWR.}aa.r. T.N. �ueve•l e.RM.,NW.. .I r.. .. .... m mR F£1_ Fd�r.L•L:+i.�--f.• ERIE F.r.r ocoaorts=". ® ..may F3■.WNW N'A P..t...a r.tt n..n.... . r. .w ._ . C.MA_ Lar.l UNt FOt.q.. - Of WW1 ■■■■■■■■■■■■ m WAS TnW..r. E.WWW PAC a� Sure.w 10•Wy 4MtrPrNr�linry^t atlM r•i ANNIM1[. F1<F m. m ... t tR)-STONIGE ANAA LAMA-►FNS.NO ANDIWOL1ANIWAt.CIA FyF:.r+xr�.aT..,•-.��ir-`ram PRESENTATION.1%ICUl1YF t-r...•..,s 1.i...n r.... ■■ OttTort Azonertorta• SA.vea T.A !NNCan04e.N 111 V awn art.O..NY...R n.AAp rA.W..IY al.b vv0 (M(..NaM..Nawr. a0 QV(wool N.rn..a.N artworkWN AnNm.N Lo•c M A.tN..f MY1Yv..G/b coo AtlKMn.ri CO Page l el t 62022 ATTACHMENT C-1-1:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST /1 PROFESSIONAL ENGINEERING SERVICES E LG I N Comp...a.N Wel.end Serer MNIP Pt.n.AMENDMENT NO.I CPI o•FOP,Err. ST.TRY. No STAMSM I ESTOCT SARIPOSS LATEW RUMPS OSO A ERICAN UR5AN04 WATERRELL WORE PRINCIPAL MAWR SENIOR ` r COLII 'CTOR ox RI.4ER FACIJTATION rive COST PI PROJECT PROJECT ROUE PI PROJECT PROJECT O .CAO TA PROJECT I o01LER WELL MT SOL 5M)ROGR SWATER HOUR PER MI CHARM SIMMER ENSORI DOMES nCRIRCW$ ADMIN. LEAD EMOOtEN a.(HOMER II $TANTE5 EVALUATION SOMAS TESTIS CPU/OATEN ON CORS6NA11011 IMM. ITEM NO. SI01M111w1 HOVRLT PATE: 12M SSS1 $114 SIN ME EN SNP Slit $166 - - - - - - - - ... :l.•'�."-Li.• •HIJI R HI',E,J.1111:IIAIiALlEHIZAT IQ'. 10.1 TIME IIAMw'e•,G .. _ _ I I •_ _ _ • _ �_ S e'.0 102 n1.PO.uI«^:. ro n..r-.v..4:v s .w MRMa e^:o _ __, _ s '444 103 SP W.I To ARM...tl Cor.aeolw v ,w 10.4 FM 15)MI INI l M lbw a S..a.r.FT VIM PEW �--- 2 25E S00 • 5 '^-I 5e4 10.5_MaweerSw.et 34404 Armen Concept RIM Coat EW..+. I I - S 'L1 109 rM.eq YI.G.TWE <.t.T To R.vrrM R.MA. _. 4 15 '4 S ••ril T w.L1MeL.aowi Bn.IM FNS RIWrON CMrKt«ierbn E.wa.E E is I 1 I -I 4 •. 22 1' - I .I$ - t - $ • S 15.E0e S - I - $ - SE S 114,171 1 I 1 I I I I I I I I I I .1 1 I 'sem mmen vow,. I ,'L,A( LASC,v'._MMA.- LEI US..E,r.«. S i VII Stave.LMr Ewren. $ :'A3 ur.Ia.r pap,....$ Rums;law.Woe*. - :',00ASO S Inc.L..w E•Eas... $ 44 ME Ammon 1.w,I.p...T- $ .aan cl.L..e,F•pm•ma= S - • TOTAL Lw5OR EXPENSES.I S 114,3E1 TOTAL DIRECT 0VENIES•IS - I IIMMIlhiliaa" 01111MESL•TAsi ORIGINAL CONTRACT AMOUNT• S 1.379.05E TOTAL REVISED CONTRACT AMOUNT WITH AMENDMENT NO.1= S 1,454,029