HomeMy WebLinkAbout25-134 Resolution No. 25-134
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING
ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE
LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM—YEAR 5 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 Agreement on behalf of the City of Elgin with
Engineering Enterprises, Inc., for professional services in connection with the Lead Service Line
Replacement (LSLR) Program — year 5 improvements, a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 13, 2025
Adopted: August 13, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 13 day of August , 2025, 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 agreements with the ENGINEER dated
May 9, 2018, April 26, 2020, November 2, 2022 (Year 2), April 12, 2023, December 20, 2023
(Year 3), and February 12, 2025 (Year 4) in connection with the CITY's Lead Service Line
Replacement(LSLR)Program(hereinafter collectively referred to as the"Previous Agreements");
and
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain additional
professional services in connection with the LEAD SERVICE LINE REPLACEMENT(LSLR)
PROGRAM—YEAR 5 IMPROVEMENTS (hereinafter referred to as the"PROJECT");and
WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience
to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER
that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and
represent it in the engineering matters involved in the PROJECT as described herein, subject to
the following terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Public Services
Director of the CITY,herein after referred to as the"DIRECTOR".
B. The ENGINEER shall furnish professional engineering services for the PROJECT
including but not limited to design engineering and IEPA loan documentation
services.
C. A detailed Scope of Services is attached hereto as Attachment A and incorporated
into this Agreement by this reference. The project limits are set forth in Attachment
E and incorporated into this Agreement by this reference.
D. This Agreement with the ENGINEER is germane to the Previous Agreements with
the ENGINEER with respect to the PROJECT as signed and this Agreement is in
the best interest of the City and is authorized by law.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
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B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly
as a component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to
the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including, but not limited
to, reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY
upon request of the DIRECTOR; provided, however, that the ENGINEER may retain
copies of such work product for its records. ENGINEER'S execution of this Agreement
shall constitute ENGINEER'S conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest, by the ENGINEER to the CITY of all
such work product prepared by the ENGINEER pursuant to this Agreement. The CITY
shall have the right either on its own or through such other engineers as determined by the
CITY to utilize and/or amend such work product. Any such amendment to such work
product shall be at the sole risk of the CITY. Such work product is not intended or
represented to be suitable for reuse by the CITY on any other project,and such reuse shall
be at the sole risk of the CITY without liability or legal exposure to the ENGINEER.
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 July 1, 2025, attached hereto as
Attachment C, and in accordance with the ENGINEER'S Standard Schedule of
Charges dated January 1, 2025, 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 $682,974.00, 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$682,974.00.
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
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other components are included in the above-referenced total fee not to exceed
amount of$682.974.00.
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
ESTIMATED VALUE
INVOICE ESTIMATED% OF WORK ESTIMATED INVOICE
DATE COMPLETE COMPLETE VALUE
Aug-25 10% $ 68,297.40 $ 68,297.40
Sep-25 20% $ 136,594.80 $ 68,297.40
Oct-25 40% $ 273,189.60 $ 136,594.80
Nov-25 50% $ 341,487.00 $ 68,297.40
Dec-25 60% $ 409,784.40 $ 68,297.40
Jan-26 65% $ 443,933.10 $ 34,148.70
Feb-26 70% $ 478,081.80 $ 34,148.70
Mar-26 75% $ 512,230.50 $ 34,148.70
Apr-26 85% $ 580,527.90 $ 68,297.40
May-26 90% $ 614,676.60 $ 34,148.70
Jun-26 95% $ 648,825.30 $ 34,148.70
Jul-26 100% $ 682,974.00 $ 34,148.70
Total $ 682,974.00
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY
to inspect and audit all data and records of the ENGINEER for work done under
this Agreement. The ENGINEER shall make these records available at reasonable
times during the Agreement period, and for a year after termination of this
Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that
this Agreement is so terminated, the ENGINEER shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Section 4 above.
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7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to Section 6, shall be deemed
concluded on the date the CITY determines that all of the ENGINEER's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of
any rights or claims which the CITY may have or thereafter acquire with respect to any
term or provision of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days
after occurrence of such action. No claim for additional compensation shall be valid unless
so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of
the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative,contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default,fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing, or anything else to
the contrary in this Agreement,with the sole exception of an action to recover the monies
the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action
shall be commenced by the ENGINEER against the CITY for monetary damages.
ENGINEER hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest
which it claims it may otherwise be entitled pursuant to law, including, but not limited to,
the Local Government Prompt Payment Act(50 ILCS 501/1, et seq.), as amended, or the
Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree
that any action by the ENGINEER arising out of this Agreement must be filed within one
year of the date the alleged cause of action arose or the same will be time-barred. The
provisions of this paragraph shall survive any expiration,completion and/or termination of
this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend
and hold harmless the CITY,its officers,employees,agents,boards and commissions from
and against any and all claims, suits,judgments, costs, attorneys fees, damages or other
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relief,including but not limited to workers compensation claims, in any way resulting from
or arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out
of the performance of this Agreement. In the event of any action against the CITY, its
officers, employees, agents, boards or commissions, covered by the foregoing duty to
indemnify,defend and hold harmless such action shall be defended by legal counsel of the
CITY's choosing. The provisions of this paragraph shall survive any expiration and/or
termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution,approval or attempted execution of this Agreement.
12. INSURANCE
ENGINEER shall provide, pay for and maintain in effect, during the term of this
Agreement,the following types and amounts of insurance:
A. Comprehensive Liability. A policy of comprehensive general liability insurance
with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000
aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification"shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded to the CITY. There shall be no endorsement
or modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1.000,000 aggregate.
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D. Professional Liability. The ENGINEER shall carry Engineers Professional
Liability Insurance Covering claims resulting from error, omissions or negligent
acts with a combined single limit of not less than $1,000,000 per occurrence. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services.
14. NONDISCRIMINATION/AFFIRMATIVE ACTION
The ENGINEER will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, ancestry, order of protection
status, familial status, marital status, physical or mental disability, military status, sexual
orientation,or unfavorable discharge from military service which would not interfere with
the efficient performance of the job in question. ENGINEER shall take affirmative action
to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require
any subcontractor to submit to the CITY a written commitment to comply with those
provisions. ENGINEER shall distribute copies of this commitment to all persons who
participate in recruitment, screening, referral and selection of job applicants and
prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of
the Elgin Municipal Code, 1976,as amended, is hereby incorporated by reference,as if set
out verbatim.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
race,color,religion, sex, national origin,age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual orientation, or
unfavorable discharge from military service.
Any violation of this paragraph shall be considered a violation of a material pro\ision of
this Agreement and shall be grounds for cancellation,termination or suspension. in ww hole
or in part,of the Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto;provided,however,that no assignment shall be made
without the prior written consent of the CITY.
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16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the ENGINEER would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement,nor shall they be construed to affect
in any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing herein or in
a duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
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Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
23. COOPERATION WITII OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include,at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such
policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
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27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid,addressed as follows:
A. As to CITY:
Mike Pubentz
Public Services Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Jeffrey W.Freeman,P.E.,CFM,LEED AP
Chief Executive Officer
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and
understood that in connection with the performance of this Agreement that the ENGINEER
shall comply with all applicable Federal, State, City and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all
ENGINEER'S employees and/or agents who will be providing products and/or services
with respect to this Agreement shall be legal residents of the United States. ENGINEER
shall also at its expense secure all permits and licenses, pay all charges and fees and give
all notices necessary and incident to the due and lawful prosecution of the work,and/or the
products and/or services to be provided for in this Agreement. The CITY shall have the
right to audit any records in the possession or control of the ENGINEER to determine
ENGINEER'S compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all
costs associated with any such audit.
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30. COUNTERPARTS AND EXECUTION
This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute one and the same agreement. This Agreement may be executed
electronically,and any signed copy of this Agreement transmitted by facsimile machine or
email shall be treated in all manners and respects as an original document. The signature
of any party on a copy of this Agreement transmitted by facsimile machine or email shall
be considered for these purposes an original signature and shall have the same legal effect
as an original signature.
31. IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES
The additional contract provisions set forth in Attachment F-1 and incorporated into
this Agreement by this reference, are hereby incorporated and included in this
Agreement by this 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.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
City Manager Name/P nt: W.Freeman.P.E..CFM.LEED AP
Title: Chief Executive Officer
At st:
City Clerk
Legal DeptlAgreement\EEl Agr-LSLR Year 5 Improvements-Redlmed-7-15-25 docx
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CITY OF ELGIN.IL LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 5
Lead Service Line Replacement Program — Year 5 Improvements
City of Elgin, IL
Professional Services Agreement - Design Engineering
Attachment A — Scope of Services
The City of Elgin Water Works System currently includes an estimated 10,000+ residential lead
service lines (LSL), which connect the City's water distribution system to residential properties. The
City's has developed and is currently implementing an annual lead service line replacement program.
The City is currently under construction with the LSLR Program —Year 4 improvements. The City is
seeking to begin design engineering for Year 5 improvements. Year 5 improvements will include the
replacement of LSLs from water main to meter for approximately 870 customers. The work will be
bid out as four (4) separate construction projects (see Attachment E for project limits).
1. Contract A will include the installation of approximately 17,000 feet of new water main to
replace undersized mains and associated services, any LSLR requiring an IDOT permit, and
any streets divided by a non-IEPA-eligible census tract. This work will be mainly locally
funded, however, approximately 187 IEPA-eligible LSLRs within census tracts 8511.01, 8515,
and 8516 are eligible for IEPA loan funding. This contract is not on IEPA's Intended Funding
List; however EEI and the City will pursue IEPA bypass funding for the eligible LSLRs.
2. Contract B will utilize an IEPA loan (current loan value = $4,000,000) for design engineering.
construction engineering, and construction costs for approximately 279 IEPA-eligible LSLRs
within census tract 8549. This contract is on IEPA's Intended Funding List with $2,000,000 in
principal forgiveness and $2,000,000 in zero-percent loan funding reserved.
3. Contract C will utilize a separate IEPA loan (via bypass funding) for design engineering,
construction engineering, and construction costs for approximately 486 LSLRs within census
tracts 8511.01, 8515, and 8516. The City is not on IEPA's Intended Funding List for this
project; however, EEI and the City will pursue any available bypass funding for the estimated
costs of this contract and supplement with local funding as needed.
4. Contract D will be an on-call emergency repair contract. This will involve the replacement of
LSL's from b-box to meter (City will predominately perform the replacement of the LSL from
main to b-box) on an on-call basis from May 1, 2026, to April 30, 2027. This work will be locally
funded.
Min. No. of Target IEPA-Eligible
Year 5 Contract LSLR Area Census Tracts
(Parcels)
Contract A (WM and IEPA bypass funding) 182 214 8511.01, 8515, 8516
Contract B (IEPA $4M) 238 279 8549
Contract C (IEPA bypass funding) 414 486 8511.01, 8515, 8516
Contract D (Emergency Repairs) 50 - N/A
Total 884 979
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CI1 Y OF ELGIN.IL LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 5
EEI's proposed scopes for management of the various funding sources and design engineering
services are as follows:
ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATIONS
(CONTRACTS A, B, AND C):
1.1 Prepare two loan application packages
• Loan program certifications and resolutions
Disbarment, suspension, and other responsibility matters
o Intent regarding national flood insurance
o Project site rights of way. easements and permits
o Taxpayer ID (FEIN) certifications
o Five officer certification form
o Tax compliance certificate and agreement
o Authorizing representative to sign loan documents
o Certified bond ordinance
• Existing water rate ordinance
• Water system information
• Project completion schedule and estimates
1.2 Financial coordination with the City
• Current and future debt
• Comprehensive financial projections (5 years)
• Audited financial statements
• Bond ratings
• Unique entity ID number
1.3 IEPA Coordination
• Coordination with the City and IEPA PWSLP contact
• Obtain IEPA PWSLP approval of contract documents prior to bidding and
prepare revisions to contract documents per IEPA review as necessary.
• Coordinate addenda approval with IEPA prior to issuance
• Prepare necessary post-bidding checklists and submit the selected bid proposal
to IEPA for approval.
• IEPA funding nomination forms for Year 5 and 6 LSLR Programs
DESIGN ENGINEERING — LSLR (CONTRACTS A, B, C, AND D):
2.1 Project management and administration
• Budget tracking
• Management of personnel and the engineering contract
• Coordination with the engineering department on 2025 road programs
• Prepare and mail a total of one (1) flyer (3000 total mailers) for the public information
meeting and TCE. Includes Spanish translation (cover letter only).
2.2 Project meetings
• One (1) kick off meeting and three (3) status meetings with the City
• Two (2) public information meetings including presentations
• Two (2) mandatory pre-bid meetings
2.3 Utility and subcontractor coordination
• Review City GIS data
• Acquire and review existing engineering plans and other available data
141. PAGE 2
LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 5
• Design JULIE
• Coordinate with subconsultants
2.4 Regulatory agency coordination and permitting (Contract A only)
• IDOT permitting for approximately 30 services on St. Charles St. (IL Route 25)
2.5 Prepare four (4) separate contract documents and estimates
• Field visits to assess existing conditions; specifically existing b-box locations relative to
driveways, sidewalks, trees, etc. Estimated four (4) visits.
• Coordinate with City on required meter. plumbing fixtures, grounding. sleeves, etc. for
public and private side water service improvements.
• Preparation of 60%, 90% and 100% contract documents and engineer's opinion of
probable construction cost for review by the City.
• Contract documents shall consist of a project manual comprised of the following:
o Typical City contracting documents (provided by the City)
o Project specific special provisions
o Location exhibits
o Existing engineering plans (provided by the City)
o Details
o Geotechnical and LPC data (provided by EEI's sub-consultant)
o All required IEPA language, checklists and certifications for compliance with the loan
program (Contracts A, B, and C only)
o The project manual will provide general guidance to bidders regarding details noted
herein.
o The bid schedule will include a detailed list of bid items and estimated unit quantities.
It will not include detailed take-offs of unit quantities.
• Internal QC/QA
2.6 Bidding and contracting for four (4) separate contracts
• Prepare ad for bid and coordinate posting in local paper
• Acquire certified ad for bid (Contracts A, B, and C only)
• Prepare bidders list
• Address bid questions and prepare addenda
• Attend virtual meetings for public reading of the bids for Contracts A, B, and C (only).
• Prepare bid tab, bid summary, and intent of award letter
DESIGN ENGINEERING —WATER MAIN REPLACEMENT (CONTRACT A):
2.7 Project management and administration
• Budget tracking
• Management of personnel and the engineering contract
• General coordination with the City
2.8 Project meetings
• One (1) status meeting with the City
2.9 Utility and subcontractor coordination
• Acquire and review existing engineering plans and other available data
• Design JULIE
• Plan submission and coordination with private utilities
2.10 Topographic survey and field investigation (water main replacement only)
• Verify existing field conditions
• Topographic survey of the water main replacement areas (see location exhibit for exact
limits)
• Drafting to create base file using EEI survey and provided topographic survey
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CITY OF ELGIN. IL LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 5
• Convert CAD files to GIS files and share with the City
2.11 Prepare engineering plans, special provisions and cost estimates
• Review existing conditions in the field to identify areas of special concerns or potential
challenges
• Preparation of 60%, 90% and 100% submittals
• Internal QC/QA
• Incorporate items in Year 5 Contract A LSLR bidding documents.
2.12 Regulatory agency coordination and permitting
• Prepare IEPA construction permit application and acquire permit
• Coordinate with IEPA as required
SUBCONSULTANTS FOR DESIGN ENGINEERING
The following scope of services will be provided by EEI's subconsultant Rubino Engineering if the
data is not already available.
• Perform soil borings and soil sampling
• Prepare geotechnical report
• Prepare LPC form 662 or 663 permit
EXCLUSIONS FOR DESIGN ENGINEERING
The above scope of services excludes the following:
• Mailer Envelopes (provided by the City)
• Attendance at City Council meetings
• Property owner coordination including TCE doorhangers (by the City)
• Field investigations for sewer services and other private and public utilities
• Land acquisition/property negotiations
• Topographic survey for LSLR
• Traditional engineering plans for LSLR
• Bidding process (managed by the City electronically)
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.
PAGE 4
ATTACHMENT B: ESTIMATED SCHEDULE
CLIENT PROJECT NUMBER
City of Elgin EG2503
PROJECT TITLE DATE PREPARED BY __
Lead Service Line Re•lacement Pro•ram-Year 5 Improvements 7/1/25 KMM
TASK TASK DESCRIPTION 2025 2026
NO.
JULY AUG SEPT OCT NOV DEC JAN FEB MAR APRIL MAY JUNE JULY
1.1 Prepare loan application packages _
1.2 Financial coordination with the City
1.3 IEPA coordination
2.1 Project management and administration
2.2 Project meetings(8 total)
2.3 Utility and subcontractor coordination
2.4 Regulatory agency coordination and permitting
2.5 Contract documents and estimates (4 contracts)
2.6 Bidding and contracting (4 contracts)
2.7 Project management and administration
2.8 Project meetings(1 total)
2.9 Utility and subcontractor coordination
2.10 Topographic survey(water main only)
2.11 Prepare engineering plans, special provisions, and cost estimates
2.12 Regulatory agency coordination and permitting
52 Wheeler Road. Sugar Grove. IL 60554 Tel:630.466.6700 Fax:630.466.6701 www.eeiweb.com
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST
PROFESSIONAL ENGINEERING SERVICES
CLIENT PROJECT NUMBER
City of EI•in EG2503
PROJECT TITLE DATE PREPARED BY
Lead Service Line Re•Iacement Pr••ram-Year 5 Im• •vements 7/3/25 KMM
ENTITY ENGINEERING SURVEYING DRAFTING ADMIN
TASK TASK DESCRIPTION ROLE PIC SPM PM SPE II PM SPT II PE SPT II SPT I GIS Tech Admin HOURS COST
NO. PERSON JWF JAM KMM MWS MJT DRA
RATE $256 S251 S218 S208 S218 $182 S175 S182 S171 S146 $72
1.1 Prepare loan application packages 20 40 60 S 13,740
1.2 Financial coordination with the City 8 8 16 S 3.752
1.3 IEPA coordination 24 48 72 S 16.488
Illinois PWSLP Loan Application Subtotal: - 52 96 - - - - - - _ 148 $ 33.980
2.1 Protect management and administration 20 60 50 - - - - - 40 170 S 33.960
2.2 Project meetings(8 total) - 32 48 16 - - - - - - - 96 S 21.824
2.3 Utility and subcontractor coordination - 10 30 - - - - - - - 40 S 9.050
2.4 Regulatory agency coordination and permitting - 4 24 20 - - 30 - 78 S 14,776
2.5 Contract documents and estimates(4 contracts) - 20 60 140 - - - - - 16 4 240 S 49,844
2.6 Bidding and contracting(4 contracts) - 24 50 34 - - - - - 4 112 S 24.284
Design Engineering-LSLR Subtotal: 20 150 262 210 - - - - - 46 48 736 $ 153,738
2.7 Project management and administration 2 30 20 - - - - - - - - 52 S 12.402
2.8 Project meetings(1 total) - 4 4 4 - - - - - - - 12 S 2.708
2.9 Utility and subcontractor coordination - 4 8 16 - - - - - 28 S 6.076
2.10 Topographic survey(water main only) - - - - 2 348 90 - - - - 440 S 79,522
2.11 Prepare engineering plans.special provisions.and cost estimates - 90 120 680 - - 110 300 24 - 1.324 $ 265.014
2.12 Regulatory agency coordination and permitting - 2 4 20 - - - - - - - 26 S 5,534
Design Engineering-Water Main Subtotal: 2 130 156 720 2 348 90 110 300 24 _ 1.882 $ 371,256
PROJECT,TOTAL: 22 332 514 930 2 348 90 110 300 70 48 II 2,766 558,974
EEI STAFF DIRECT EXPENSES
JWF Jeffrey Freeman.PE,CFM,LEED AP Printing/Postage/Translation= $ 9.000
JAM Julie Morrison,PE Subconsultant Rubino = S 115,000
KMM Kristen Meehan,PE DIRECT EXPENSES= $ 124,000
MWS Mike Schweisthal.PE
MJT Matthew Taylor LABOR SUMMARY
DRA Deborah Anderson EEI Labor E 4•-nses= S 558.974
TOTAL LABOR EXPENSES $ 558,974
TOTAL COSTS S 682.974
44
52 Wheeler Road Sugar Grove IL 60554 Tel:630.466.6700 Fax.630.466.6701 www.eeiweb.com
ENGINEERING ENTERPRISES, INC.
41 52 Wheeler Road, Sugar Grove, IL 60554
Ph:630.466.6700• Fx:630.466.6701
www.eeiweb.com
mmoommoom
•-TANDARD SCHEDULE OF CHARGES-JANUARY 1, 20
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $256.00
Principal E-3 $251.00
Senior Project Manager E-2 $243.00
Project Manager E-1 $218.00
Senior Project Engineer/Surveyor II P-6 $208.00
Senior Project Engineer/Surveyor I P-5 $193.00
Project Engineer/Surveyor P-4 $175.00
Senior Engineer/Surveyor P-3 $161.00
Engineer/Surveyor P-2 $146.00
Associate Engineer/Surveyor P-1 $132.00
Senior Project Technician II T-6 $182.00
Senior Project Technician I T-5 $171.00
Project Technician T-4 $159.00
Senior Technician T-3 $146.00
Technician T-2 $132.00
Associate Technician T-1 $115.00
Engineering/Land Surveying Intern I-1 $ 85.00
Director of Marketing and Business Development M-4 $135.00
Marketing Coordinator M-2 $100.00
Executive Administrative Assistant A-4 $ 80.00
Administrative Assistant A-3 $ 75.00
VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS*
Vehicle for Construction Observation $ 20.00
Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $235.00
Expert Testimony $290.00
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%
* unless specified otherwise in agreement
OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY
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•a,y 6•0,.ro E%s+ BIn■Iw s6u6 LSLR PROGRAM YEAR 5
{6i M"6-"`cf (/AE"J1.6100 ELGIN N -` CRY OF ELGIN,IWNOIS PROJECT LOCATION MAP
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 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".
ATTACHMENT F-2
licif EPA
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
'ed Name and Ti le of A hi ized Representative
Sig .t - o Authorized Represe .tive Date
I J I am unable to certify to the above statements. May explanation is attached.
EPA FORM 5700-49(11-88)