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HomeMy WebLinkAbout24-78 Resolution No. 24-78 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL 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. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional 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: March 6, 2024 Adopted: March 6, 2024 Omnibus 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 March , 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 (hereinafter referred to as "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"Project"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend the Original Agreement; and WHEREAS, after entering into the Original Agreement the parties hereto have determined that certain costs relating to geotechnical services to be provided by a subconsultant would exceed the estimated costs for such services set forth in the Original Agreement; and WHEREAS, the Original Agreement provides for a maximum payment to the Engineer in an amount not to exceed $380,673.00; and WHEREAS, the parties hereto have determined and agree that the amount of additional payment to the Engineer for the increased cost of the geotechnical services shall be in the amount of$84,320.00; and WHEREAS, the parties hereto have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement and this Amendment Agreement No. 1 shall be in an amount not to exceed $464,993.00; and WHEREAS, the parties hereto have further determined and agree that the Original Agreement shall be modified to include the IEPA Professional Services Contract Clauses; 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 4 of the Original Agreement is hereby 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, and 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, 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 $464,993.00, 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. 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$464,993.00. 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$464,993.00. 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 DATE COMPLETE OF WORK COMPLETE INVOICE VALUE Dec-23 20% $ 92,998.60 $ 92,998.60 Jan-24 30% $ 139,497.90 $ 46,499.30 Feb-24 40% $ 185,997.20 $ 46,499.30 Mar-24 50% $ 232,496.50 $ 46,499.30 Apr-24 75% $ 348,744.75 $ 116,248.25 May-24 80% $ 371,994.40 $ 23,249.65 Jun-24 90% $ 418,493.70 $ 46,499.30 Jul-24 100% $ 464,993.00 $ 46,499.30 Total= $ 464,993.00 3. That the Original Agreement is hereby amended by adding the following Section: "31. IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES The additional contract provisions set forth in Attachment F-1 are hereby incorporated and included in this Agreement by reference. In the event of any conflict between the terms and provisions in Attachment F-1 hereto, and other terms and provisions in this Agreement, the terms and provisions in Attachment F-1 shall supersede and control. 4. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 5. 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 No. 1 as of the date and year first written above. CITY 0 IN CONSULTANT By: By: W.ram•. CityManager Its rl cipa g Attest: Attest: 4 iflo* ,)),eif. City Clerk Its Executive Assistant Legal Dept\Agreement\Amend No.l-EEI Agr-LSLR Year 3 Improvements-clean-2-20-24.docx ATTACHMENT C-1:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER C' of E.in EG2305 PROJECT TITLE DATE PREPARED BY Lead Service Line Re•lacement P•.ram-Year 3 Im• •vements 1/25/24 IMTZSMIN ENTITY ENGINEERING SURVEYING DRAFTING ADMIN TASK TASK DESCRIPTION ROLE PIC SPM PE SPM SPTII ST SPT II SPT I GIS Tech Admin HOURS COST NO. PERSON®m®-----®WM. RATE $244 $239 S196 $231 $170 $138 $170 $159 $138 $70 ILLINOIS PWSLP LOAN APPLICATI e ( • -•CT e) 1 1 Prepare Loan Application(Inc.Certificates and Resolution Coordination) I - - - - - - - - $ - 1.2 Financial Coordination with the City - - - - - - - - $ - Illinois PWSLP Loan Application Subtotal: -] - - - - - - - - $ - DESIGN ENGINEERING-LSLR(CONTRACTS A,B,AND C) ,, 2.1 Project Management and Administration - - - - - - - - - - $ - 2.2 Project Meetings(9 Total) - - - - - - - - $ - 2.3 Utility and Subcontractor Coordination - - - - - - - - - - - $ - 2.4 Regulatory Agency Coordination and Permitting - - - - - - - - - - - $ - 2.5 Contract Documents and Estimates(3 Contracts) - - - - - - - - - $ - 2.6 IEPA Coordination(1 Contract) - - - - - - - - - $ - 2.7 Bidding and Contracting(3 Contracts) - - - - - - - - $ - Design Engineering LSLR Subtotal: - - - - - - - $ - DESIGN ENGINEERING-WATER MAIN REPLACEMENT(CONTRACT A) 2.8 Project Management and Administration - - - - S - 2.9 •Project Meetings(1 Total) - - - - - - - - - $ - 2.10 Unity and Subcontractor Coordination - - - $ - 2.11 Topographic Survey(Water Main Only) - - - - $ - 2.12 Prepare Engineering plans,Special Provisions,and Cost Fstimates - - - - - - - - - $ - 2.13 Regulatory Agency Coordination and Permitting - - - - - $ - Design Engineering Water Main Subtotal: - - - - - - - - - - - $ - PROJECT TOTAL: I -I -I 'I -I -I -I -I -I -I -II -I EEI STAFF DIRECT EXPENSES JWF Jeffrey Freeman,PE,CFM,LEED AP Printing/Postage/Translation= JAM Julie Morrison,PE Subconsuttant(Rubino)= $ 84,320 KMM Kristen Meehan,PE MWS Mike Schweisthal,PE TOTAL DIRECT EXPENSES $ 84,320 MJT Matthew Taylor DRA Deborah Anderson LABOR SUMMARY TOTAL COSTS $ 84,320 `tP 52 Wheeler Road.Sugar Grove.II 60554 Tel:630.466 6700 Fax:630.466 6701 vnnv.cpiweh.corn ATTACHMENT F-1 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 E. 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".