HomeMy WebLinkAbout24-128 Resolution No. 24-128
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH
ENGINEERING ENTERPRISES, INC. FOR CONSTRUCTION PHASE PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE
REPLACEMENT PROGRAM—YEAR 3 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 an Amendment Agreement No. 2 on behalf of the City
of Elgin with Engineering Enterprises, Inc., for construction phase professional engineering
services in connection with the lead service line replacement program —year 3 improvements, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 8,2024
Adopted: May 8, 2024
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 8
day of May , 2024, 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 December 20. 2023 (the"Original Agreement"), wherein the City engaged the Engineer to
furnish certain professional services in connection with the Lead Service Line Replacement
Program — Year 3 Improvements (hereinafter referred to as the "Original Agreement" and the
"Project"); and
WHEREAS, the City and the Engineer have also previously entered into an Amendment
Agreement No. 1 to the Original Agreement wherein the parties agreed to additional payment
associated with geotechnical services; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
further modified to include Construction Phase Professional Engineering Services; and •
WHEREAS, the contract price for the Original Agreement was $380,673.00. The
contract price for Engineering services pursuant to Amendment Agreement No. 1 was
$464,993.00. The contract price for Engineering services pursuant to Amendment No. 2 is
$1,849,067.00; 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. Section IC of the Original Agreement is hereby further amended by adding the following
to the end thereof:
"ENGINEER shall further perform the Services described in "Attachment A-2",
entitled "Scope of Services," incorporated herein by this reference. No
Supplemental Services shall be performed by the ENGINEER nor shall the City
be responsible for Payment of any Supplemental Services unless and until such
Supplemental Services are authorized in advance in writing by the City."
3. Section 2B of the Original Agreement is hereby further amended to read as follows:
"A project schedule for the PROJECT under the Original Agreement dated
December 20, 2023 is included as Attachment B, attached hereto. Pursuant to
Amendment Agreement No. 2, an additional project schedule for the PROJECT is
attached hereto as Attachment B-2 and incorporated herein by this reference. Prior
to the effective date of Amendment Agreement No. 2, progress will be recorded
on the project schedule attached as Attachment B and submitted monthly as a
component of the Status Report described in C below. Beginning on the effective
date of Amendment Agreement No. 2 and henceforth, progress will be recorded
on the project schedule attached as Attachment B-2 and submitted in similar
fashion as Attachment B."
4. That Section 4 of the Original Agreement is hereby further amended to read as follows:
"4. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be paid in accordance with the
Estimate of Level of Effort and Associated Cost dated October 16, 2023, attached
hereto as Attachment C; in accordance with the Estimate of Level of Effort and
Associated Cost dated January 25, 2024, attached as Attachment C-1 to
Amendment Agreement No. 1 and incorporated herein by this reference; in
accordance with the Estimate of Level of Effort and Associated Cost dated April
9, 2024, attached as Attachment C-2 to Amendment Agreement No. 2 and
incorporated herein by this reference and in accordance with the ENGINEER'S
Standard Schedule of Charges dated January 1, 2023, attached hereto as
Attachment D, for personnel employed on the PROJECT; with the total fees and
expenses to be paid to the ENGINEER not to exceed $1.849,067.00, regardless of
the actual costs incurred by the ENGINEER, unless substantial modifications to
the scope of the work are authorized in writing by the CITY ENGINEER and
approved by way of written amendment to this Agreement. Beginning on the
effective date of Amendment Agreement No. 2, ENGINEER shall be paid
according to the schedule of charges found in Attachment D-2, which is attached
to Amendment Agreement No. 2 and incorporated herein by this reference.
B. For outside services provided by other firms or subconsultants, the CITY shall
pay the ENGINEER the invoiced fee to the ENGINEER, plus 10%. Such outside
services include but are not limited to services to be provided by Rubino
Engineering, Inc., and the costs of all such outside services are included within
the above-referenced total fee not to exceed amount of$1.849,067.00.
C. Other components of the fee shall include printing, supplies and miscellaneous
direct costs that will be invoiced to the CITY without mark-up. All costs for such
other components are included in the above-referenced total fee not to exceed
amount of$1.849.067.00.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts 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
INVOICE ESTIMATED% ESTIMATED VALUE ESTIMATED INVOICE
DATE COMPLETE OF WORK COMPLETE VALUE
Dec-23 5% $ 92,998.60 $ 92,998.60
Jan-24 8% $ 139,497.90 $ 46,499.30
Feb-24 10% $ 185,997.20 $ 46,499.30
Mar-24 13% $ 232,496.50 $ 46,499.30
Apr-24 19% $ 348,744.75 $ 116,248.25
May-24 20% $ 371,994.40 $ 23,249.65
Jun-24 25% $ 460,015.92 $ 88,021.52
Jul-24 37% $ 686,444.84 $ 226,428.92
Aug-24 47% $ 866,374.46 $ 179,929.62
Sep-24 57% $ 1,046,304.08 $ 179,929.62
Oct-24 66% $ 1,226,233.70 $ 179,929.62
Nov-24 76% $ 1,406,163.32 $ 179,929.62
Dec-24 86% $ 1,586,092.94 $ 179,929.62
Jan-25 96% $ 1,779,863.30 $ 193,770.36
Feb-25 96% $ 1,779,863.30 $ -
Mar-25 96% $ 1,779,863.30 $ -
Apr-24 96% $ 1,779,863.30 $ -
May-25 98% $ 1,807,544.78 $ 27,681.48
Jun-25 99% $ 1,821,385.52 $ 13,840.74
Jul-25 100% $ 1,849,067.00 $ 27,681.48
Total = $ 1,849,067.00
5. Section 31 of the Original Agreement is hereby further amended to read as follows:
"The additional contract provisions set forth in Attachment F-2, and previously in
Attachment F-1 by way of Amendment Agreement No. 1, are hereby incorporated
and included in this Agreement by reference. In the event of any conflict among
the terms and provisions in Attachments F-1 or F-2 hereto, and other terms and
provisions in this Agreement, the terms and provisions in Attachment F-2 shall
supersede and control. In the event of any conflict between the terms and
provisions in Attachments F-1 and F-2, the terms and provisions in Attachment F-
2 shall supersede and control."
6. The changes provided to the Original Agreement, as provided in this Amendment
Agreement No. 2 are germane to the Original Contract, and this Amendment Agreement
No. 2 is in the best interests of the City of Elgin and is authorized by law.
7. That except as amended in this Amendment Agreement No. 2, and as previously
amended by Amendment Agreement No. 1, the Original Agreement shall remain in full
force and effect.
8. That in the event of any conflict between the terms of the Original Agreement, the terms
in Amendment Agreement No. 1 and the terms of 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 ____ /_77ENGINEER
By: — By: a)•�
City Manager Its ri cip
Att Attest: Ace;)
City Cler Its Executive Assistant
ATTACHMENT A-2
SCOPE OF SERVICES
LEAD SERVICE LINE REPLACEMENT — YEAR 3
City of Elgin, IL
The City of Elgin has identified approximately 1020 lead services lines to be replaced (main to
meter) using funds from the IEPA Public Water Supply Loan Program (PWSLP). American Rescue
Plan Act (ARPA), and local funds. The service replacements are divided into four separate
construction contracts:
Contract No. of LSLR Funding
A 112 ARPA/Local
B 730 IEPA/ARPA/Local
C 118 IEPA
D (Emergency Repairs) 60 Local
Contract A also includes approximately 5,260 feet of new 8-inch water main installation. The City is
currently nearing the completion of the design phase of this project and is seeking to proceed to the
construction phase.
The following list of work items establishes the scope of engineering services for this project:
CONSTRUCTION ENGINEERING
3.1 Construction Administration
• Project Management
• Preparation of On-Line Data Management Tool (Field Maps)
• 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; 2 meetings per month for 10 Months -
(Excluding Contract D - Emergency Repairs)
• Prepare Pay Estimates and Change Orders
• IEPA Disbursement Requests — Contract B and Contract C Only
• IEPA Project Closeout - Contract B and Contract C Only
3.2 Construction Layout and Record Drawings
• Contract A Water Main Only
• Stake Proposed Water Main. Structures, and Curb and Gutter. B-boxes will not be staked.
• Perform Post Construction Field Survey for Record Drawings
• Prepare and Review Record Drawings
Professional Services Agreement
Construction Engineering
Scope of Services
3.3 Construction Observation and Documentation —Water Main
• Contract A Only
• Take Pre-Construction Videos and Photos of Pre-Existing Conditions
• Provide Resident Engineering Services for Construction
• Provide Quantity Tracking, Documentation. and Daily Field Reports (E-mails and
Salesforce)
• On-Site Meetings with the City as Needed
• Punch Walks and Letters
3.4 Construction Observation and Documentation — LSLR
• Home Assessment with Contractor and City
• Provide Resident Engineering Services for Construction
• Provide Quantity Tracking, Documentation, and Daily Field Reports (E-mails and
Salesforce)
• On-Line Data Management Using Field Maps
• On-Site Meetings with the City as Needed
• Punch Walks and Letters
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.)
EXCLUSIONS
The above scope of services excludes the following:
• Attendance at City Council Meeting
• Construction Layout for LSLRs
• Post Construction Field Survey and/or Record Drawings for LSLRs
• 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-2) in affect at the time the extra work is performed.
ATTACHMENT B-2 ESTIMATED SCHEDULE
CLIENT PROJECT NUMBER
CITY OF ELGIN EG2305
PROJECT TITLE DATE PREPARED BY
LEAD SERVICE LINE REPLACEMENT-YEAR 3 4/9/24 JAM
TASK TASK DESCRIPTION •
NO MAY JUNE JULY AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY
CONTRACT A
3.1 Construction Administration
3.2 Construction La out and Record Drawin•s-Water Main _-----__--�----
3.3 Construction Observation and Documentation-Water Main
4 r • .•ON . .• . 510 a . . ZEMI1141111.11
CONTRACT B IEPA
3.1 Construction Administration
CONTRACT C IEPA
3 1 Construction Administration
ariEKTWOMITTIMWMISTTITIMIT73101Mallizil:
CONTRACT D EMERGENCY REPAIR
3,1 Construction Administration --------_--�-_-
44
52 Wheeler Road Sugar Grove, IL 60554 Tel:630.466 6700 Fax:630.466 6701 www.eeiweb.com
ATTACHMENT C-2: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST
PROFESSIONAL ENGINEERING SERVICES
CLIENT PROJECT NUMBER
C' of EI.in EG2305
PROJECT TITLE DATE PREPARED BY
Lead Service Line Re•lacement-Year 3 4/9/24 JAM
TASK ROLE PIC SPE II SPE I PE PM SPT II ST GIS ADMIN
NO TASK DESCRIPTION E-3 P-6 P-5 P-4 E-1 T-6 T-3 G-2 A-3 HOURS COST
RATE $241 5200 S186 5168 S210 5175 5140 S125 $72
CONTRACT A _
3.1 Construction Administration 48 116 5 8 177 S 35.969
3.2 Construction Layout and Record Drawings-Water Main 8 53 32 93 S 15,435
3.3 Construction Observation and Documentation-Water Main 600 600 S 111,600
3.4 Construction Observation and Documentation-LSLR 660 660 S 110.880
Insert Task Subtotal: 48 116 600 660 8 53 32 5+ 8 1,530 S 273,884
CONTRACT B(IEPA)
3.1 Construction Administration 153_ 382 5 8 548 S 114.474
3.4 Construction Observation and Documentation-LSLR 4.300 4.300 S 722,400
•
Insert Task Subtotal: 153 382 - 4,300 - - - 5 8 4,848 S 836,874
CONTRACT C(IEPA)
3.1 Construction Administration 25 62 5 8 100 S 19,626
3.4 Construction Observation and Documentation-LSLR 695 695 S 116,760
Insert Task Subtotal: 25 62 -' 695 - - - 5 8_ 795 S 136,386
CONTRACT D(EMERGENCY REPAIR)
3.1 Construction Administration 13 31 5 49 S 9.958
•
3.4 Construction Observation and Documentation- LSLR 354 354 S 59.472
Insert Task Subtotal: 13 31 - 354 - - - 5 - 403 5 69.430
PROJECT TOTAL: I 239 I 591 I 600 I 6,009 I 8 I 53 I 32 I 20 I 24 II 7,576 I 1,316,574
DIRECT EXPENSES
Translations.Mailing and.Printing $ 2,500
Plumbing and Electrical Inspection(B&F) S 35.000
Soil Testing(Rubino) S 30.000
DIRECT EXPENSES= $ 67,500
LABOR SUMMARY
EEI Labor Expenses= $1,316,574
TOTAL LABOR EXPENSES $1,316,574
TOTAL COSTS $1,384,074
It,
52 Wheeler Road,Sugar Grove,IL 60554 Tel:630.466.6700 Fax:630.466.6701 www.eeiweb.com
Engineering Enterprises, Inc.
STANDARD SCHEDULE OF CHARGES-JANUARY 1, 2024 50
. 1
-I1
Attachemnt D-2
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $246.00
Principal E-3 $241.00
Senior Project Manager E-2 $234.00
Project Manager E-1 $210.00
Senior Project Engineer/Surveyor II P-6 $200.00
Senior Project Engineer/Surveyor I P-5 $186.00
Project Engineer/Surveyor P-4 $168.00
Senior Engineer/Surveyor P-3 $155.00
Engineer/Surveyor P-2 $140.00
Associate Engineer/Surveyor P-1 $127.00
Senior Project Technician II T-6 $175.00
Senior Project Technician I T-5 $164.00
Project Technician T-4 $153.00
Senior Technician T-3 $140.00
Technician T-2 $127.00
Associate Technician T-1 $111.00
GIS Technician II G-2 $125.00
GIS Technician I G-1 $114.00
Engineering/Land Surveying Intern I-1 $ 82.00
Executive Administrative Assistant A-4 $ 77.00
Administrative Assistant A-3 $ 72.00
VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY
Vehicle for Construction Observation $ 20.00
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 $ 225.00
Expert Testimony $ 275.00
52 Wheeler Road • Sugar Grove, IL 60554 • Tel: 630.466.6700 • Fax: 630.466.6701 • www.eeiweb.com
ATTACHMENT F-2
IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES
Audit and Access to Records Clause:
A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP
loan work under this agreement shall be maintained in accordance with generally accepted
Accounting Principles. The Agency or any of its authorized representatives shall have access to the
books, records, documents and other evidence for the purpose of inspection, audit and copying.
Facilities shall be provided for access and inspection.
B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally
accepted in the United States of America.
C. All information and reports resulting from access to records pursuant to the above shall be disclosed
to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit
conference and an opportunity to comment on the pertinent portions of the draft audit report.
D. The final audit report shall include the written comments, if any. of the audited parties.
E. Records shall be maintained and made available during performance of project services under this
agreement and for three years after the final loan closing. In addition, those records that relate to any
dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the
settlement of claims arising out of project performance or costs or items to which an audit exception
has been taken. shall be maintained and made available for three years after the resolution of the
appeal. litigation, claim or exception.
Covenant Against Contingent Fees:
The professional services contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a commission.
percentage. brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this
warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion
to deduct from the contract price or consideration or otherwise recover, the full amount of such
commission. percentage. brokerage. or contingent fee.
Certification Regarding Debarment, Suspension and Other Responsibility Matters:
Form EPA 5700-49 is signed and attached as part of Attachment F-2.
USEPA Nondiscrimination Clause:
The contractor (engineer) shall not discriminate on the basis of race. color, national origin or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in
the award and administration of contracts awarded under EPA financial assistance agreements. Failure
by the contractor to carry out these requirements is a material breach of this contract which may result in
the termination of this contract or other legally available remedies.
USEPA Fair Share Percentage Clause:
The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are
utilized when possible as sources of supplies, equipment, construction and services in accordance with
the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance
Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs
& 12%for WBEs''.
& EPA
E PA LI 7-5872
EPA Project Control Number
United States Environmental Protection Agency
Washington, D.C. 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The prospective participant certifies to the best of its knowledge and belief that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public: (Federal,
State, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement
may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both.
Julie A. Morrison, Vice President
Typed Name and Title of Aut orized Representative
11A/ / LI
nature of Authorized Repres ntative ate
I am unable to certify to the above statements. May explanation is attached.
EPA FORM 5700-49(11-88)