HomeMy WebLinkAbout23-57 Resolution No. 23-57
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH
ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL CONSTRUCTION PHASE
PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE LEAD
SERVICE LINE REPLACEMENT (LSLR) PROGRAM—YEAR 2 IMPROVEMENTS
CONSTRUCTION ENGINEERING
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. I 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 (LSLR) Program —
year 2 improvements construction engineering, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 12, 2023
Adopted: April 12, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
3/9/23
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is made and entered into this 12 day of April ,
2023,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred
to as "CITY") and ENGINEERING ENTERPRISES, INC., an Illinois Corporation (hereinafter
referred to as"ENGINEER").
WHEREAS, the CITY has previously entered into an agreement with the ENGINEER dated
November 2nd.2022,to furnish certain professional services in connection with the Lead Service
Line Replacement (LSLR) Program — Year 1 Improvements (hereinafter referred to as the
"Original Agreement");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 (LSLR) PROGRAM — YEAR 2 IMPROVEMENTS
CONSTRUCTION ENGINEERING (hereinafter referred to as"Supplemental Services"); and
WHEREAS, the Original Agreement provides for a maximum payment of$226,913.00;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
$1,123,945.00; and
WHEREAS, the additional work to be authorized pursuant to this Amendment Agreement No. 1
has been resubmitted for pricing with the ENGINEER pursuant to the procurement of designated
professional services process in the same manner for which the Original Agreement was priced
and procured; 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:
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3/9/23
"The Engineer shall also provide Supplemental Services for the Project which includes the
Construction Phase Professional Engineering for the LEAD SERVICE LINE
REPLACEMENT(LSLR)PROGRAM—YEAR 2 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-L"
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$1,123,945.00 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$1,350,858.00. 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 2023 will be utilized for this Project attached hereto as
Attachment D-1."
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3/9/23
Payment Schedule for Supplemental Services
INVOICE ESTIMATED% ESTIMATED VALUE ESTIMATED INVOICE
DATE COMPLETE OFWORKCOMPLETE VALUE
5/30/2023 3% $ 33,718.35 $ 33,718.35
6/30/2023 16% $ 179,831.20 $ 146,112.85
7/31/2023 29% $ 325,944.05 $ 146,112.85
8131/2023 42% $ 472,056.90 $ 146,112.85
9/30/2023 55% $ 618,169.75 $ 146,112.85
10/31/2023 68% $ 764,282.60 $ 146,112.85
11/30/2023 81% $ 910,395.45 $ 146,112.85
12/31/2023 95% $ 1,067,747.75 $ 157,352.30
1/31/2024 95% $ 1,067,747.75 $ -
2/29/2024 95% $ 1,067,747.75 $ -
3/31/2024 95% $ 1,067,747.75 $ -
4/30/2024 97% $ 1,090,226.65 $ 22,478.90
5/31/2024 98% $ 1,101,466.10 $ 11,239.45
6/30/20241 100% $ 1,123,945.00 $ 22,478.90
Total $ 1,123,945.00
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 IN CONSULTANT
By: By:
City Manager `—Its Principal
Atte t: Attest:
City Clerk Its Executive Assistant
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ATTACHMENT A-1
SCOPE OF SERVICES
LEAD SERVICE LINE REPLACEMENT — YEAR 2
City of Elgin, IL
The City of Elgin has identified 910 side lead services lines to be replaced (main to meter) using
funds from the IEPA Public Water Supply Loan Program (PWSLP) and the American Rescue Plan
Act (ARPA). The services replacements will be divided into four separate projects, Contract A (IEPA
$4M), Contract B (ARPA $5.5M), Contract C (ARPA $1 M), and Contract D (Emergency Repairs).
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 for Contract A (IEPA $4M), 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:
The following list of work items establishes the scope of engineering services for this project:
CONSTRUCTION ENGINEERING
3.1 Construction 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)
Overall Project Information and General Schedule
o Notice of Service Replacement
Restoration and Flushing Guidelines
• Project Manager Attendance of Field Meetings; 2 meetings per month for 8 Months -
(Excluding Contract D - Emergency Repairs)
• Prepare Pay Estimates - 8 each for Contract A (IEPA $4M), Contract B (ARPA $5.5M), and
Contract D (Emergency Repairs); 3 each for Contract C (ARPA $1 M)
• Change Orders (3 Each)
• IEPA Disbursement Requests (8 each) — Contract A (IEPA 4$m) Only
• IEPA Project Closeout- Contract A (IEPA $4M) Only
3.3 Observation and Documentation
• Home Assessment with Contractor; Includes Photo Management
• Construction Observation, Including:
Quantity Tracking, Documentation and Daily Field Reports (E-Mail and Salesforce)
On-Site Meetings with City as needed
• Punch Walks and Letters (4 Each per Contract)
The following scope of services will be provided by EEI's Subconsultant:
• On-Call CCDD Testing and Certification — LPC 662 (Rubino Engineering Inc.)
• Waste Profile Testing (Rubino Engineering Inc.)
• Material Testing (Rubino Engineering Inc.)
• Plumbing and Grounding Inspections (B&F Construction Code Services, Inc.)
Professional Services Agreement
Construction Engineering
Scope of Services
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)
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 base contract and will be billed in accordance with EEI's
Standard Schedule of Charges (Attachment D-1) in affect at the time the extra work is performed.
TY •ATTACHMENT B-1 ESTIMATED SCHEDULE
CLIENT PROJECT NUMBER
SERVICE LINE REPLACEMENT-YEAR 2 /23 jMWS
PROJECT TITLE DATE PREPARED BY
•� SERVICE
® TASK DESCRIPTION 2023
APR MAY JUN JUL AUG, �IOV DEC JAN FEB MAR APR MAY JUN
�f
52 Wheeler Road Sugar Grove, IL 60554 Tel:630.466.6700 Fax:630.466.6701 www.eeiweb.com
ATTACHMENT C-1: ESTIMATE OF OF •- . ASSOCIATED COST
PROFESSIONAL
PROJECT
City of Elgin EG2201
PROJECTDATE PREPARED BY
Lead Service Line Replacement-Year 2 1120/23
TASK • �
AS TASK DESCRIPTION HOURS COST
•: •
CONTRACT A(IEPA$4M
3.1 1construction Administration 8 130 101 - I 1 10 1 111 250 1 $ 54,138
3.3 jObservation and Documentation - 216 1.600 - 1,816 1 $ 306,336
Insert Task Subtotal: 8 130 317 1,600 10 1 111 2,066 1 $ 360,474
CONTRACT B ARPA$5.5M
3 1 lConstruction Administration 8 163 153 10 1 335 $ 72,217
3.3 jObservation and Documentation - 216 2,200 2,416 $ 405,336
Insert Task Subtotal: 8 163 369 2,200 10 1 2,751 $ 477,553
CONTRACT C ARPA$1 M
3.1 lConstruction Administration 3 55 35 10 1 104 $ 22,057
3.3 jObservation and Documentation - 16 400 416 $ 69,136
Insert Task Subtotal: 3 55 51 400 10 dl
1 520 1 $ 9 1,193
CONTRACT D EMERGENCY REPAIR
3.1 lConstruction Administration 8 23 45 10 1 1 87 $ 17,589
3.3 jObservation and Documentation - 16 1 600 616 $ 102,136
Insert Task Subtotal: 8 23 61 600 10 1 703 $ 119,725
IDIRECTEXPENSES
Translations.Mailing and, Printing $ 1,000
Plumbing and Electrical Inspection B&F $ 40,000
Soil Testing Rubino $ 34,000
DIRECT EXPENSES= $ 75,000
LA SUMMARY
BOR
EEI Labor Expenses= $1,048,945
TOTAL LABOR EXPENSES $1,048,945
TOTAL •
'... . - .• �• • • t
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