HomeMy WebLinkAbout25-23 Resolution No. 25-23
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING
ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE
LEAD SERVICE LINE REPLACEMENT(LSLR) PROGRAM—YEAR 4 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 4 improvements, a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2025
Adopted: February 12, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
07/01/2024
AGREEMENT
THIS AGREEMENT is made and entered into this 12 day of February, 20 25 , 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, April 12, 2023, and December 20, 2023, 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 4 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
\. 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 November 26, 2024, attached hereto
as Attachment C, and in accordance with the ENGINEER'S Standard Schedule of
Charges dated January 1, 2024, 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 $660,610.00, 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$660,610.00.
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$660,610.00.
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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
DATE COMPLETE COMPLETE INVOICE VALUE
Dec-24 20% S 132,122.00 S 132,122.00
Jan-25 40% $ 264.244.00 S 132,122.00
Feb-25 50% $ 330,305.00 $ 66,061.00
Mar-25 60% $ 396,366.00 $ 66,061.00
Apr-25 70% $ 462.427.00 S 66,061.00
May-25 80% $ 528.488.00 $ 66,061.00
Jun-25 90% $ 594.549.00 $ 66,061.00
Jul-25 100% $ 660,610.00 $ 66,061.00
Total $ 660,610.00
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 (I 5) 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.
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
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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
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
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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.
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.
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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 provision of
this Agreement and shall be grounds for cancellation, termination or suspension, in whole
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.
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
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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
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
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23. COOPERATION WITH 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;
1,. 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 el 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 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 hereto, and other terms and provisions in this
Agreement,the terms and provisions in Attachment F 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 TH Y: FOR THE ENGINEER:
By Zf W -.zeCi
City Manager Name/P nt:Je W.Freeman.P.E..CFM.LEED AP
Title: Chief Executive Officer
Attr
City Clerk
Legal DeptlAgrcementlEEJ Agr-LSLR Year 4 Improvements-Clean-I-8-25 docx
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CITY OF ELGIN.II LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 4
Lead Service Line Replacement Program —Year 4 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 11,000+ 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 3 improvements. The City is
seeking to begin design engineering for Year 4 improvements. Year 4 improvements will include the
replacement of LSLs from water main to meter for approximately 1,000 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 10,800 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-eligible census tract. This work will be locally funded.
2. Contract B and C will utilize an IEPA loan (current loan value = $3,027.000) for construction
costs only and supplemented with local funding as needed. If an opportunity arises where
more IEPA loan funding is available for Year 4, EEI and the City will pursue.
3. 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 2, 2025 to May 1, 2026. This work will be locally
funded.
4. Contract E will utilize two DCEO grants and one EPA grant (combined total = $1,959,752.00)
for construction costs only.
Year 4 Contract Min. No. of Target Area
LSLR (Parcel)
Contract A (w/ WM) 298 331
Contract B (IEPA Loan) 309 381
Contract C (IEPA Loan) 228 281
Contract D (Emergency Repairs) 50 —
Sub Total (A-D) 885 993
Contract E (DCEO and EPA Grants) 140 200
Total 1025 1193
The following is a summary of the City's grants included in this scope. It is anticipated all grant money
will be used to reimburse construction costs only.
Number Entity Value Purpose Status
DG240014 DCEO $1,500,000.00 Year 2 LSLR Expansion Grant Application Approved; Construction Complete
HD240344 DCEO $ 500,000.00 Year 3 LSLR _Application to be prepared
SD240058 DCEO $ 500,000.00 Year 3 LSLR Application to be prepared
EPA $ 959,752.00 Year 3 LSLR Application to be prepared
YEARS
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CITY OF ELGIN,IL LEAD SERVICE LINE REPLACEMENT PROGRAM—YEAR 4
EEI's proposed scopes for management of the various non-local funding sources and design
engineering services are as follows:
DCEO AND EPA GRANT ASSISTANCE
1.1 DCEO Grant Assistance
• Project Management and Administration
• Meetings with the City
• Prepare Grant Applications and submit to the DCEO. Work includes but is not limited to:
o Grant application
o Project Narrative
o Project Budget
c DCEO Disclosure and Supplemental Forms
• Prepare and submit monthly reporting forms:
Periodic Financial Reports (PFR)
• Periodic Performance Reports (PPR)
• Grant Closeouts
1.2 Complete NEPA Process for EPA Congressionally Direct Spending Grant
• Coordination/Meetings with EPA and City
• Includes Project Management and Budget Tracking
Prepare Request for Information
c; General Coordination with the City and EPA Regarding the Process and Requirements
• Prepare and Submit Environmental Information Document (EID)
• Coordinate Supporting Signoffs Associated with EID — Cross-Cutting Agencies
Limited To: Wetlands, Threatened and Endangered Species. Historic Properties.
Environmental Justice, and Floodplains
1.3 EPA Grant Assistance
• Coordination/Meetings with EPA and City
o Includes Project Management and Budget Tracking
Prepare Request for Information
General Coordination with the Village and EPA Regarding the Process and
Requirements
• Prepare and Submit the Grant Application
• Prepare and Submit a Workplan
c Workplan to be compliant with Davis-Bacon Act, Buy America Build America (BABA),
and American Iron and Steel Act (AIS) federal requirements
• Post-Grant Award Work Items. Including: Progress Reports. Payment Requests and Grant
Drawdown Coordination, Construction Grant Monitoring and Documentation
Requirements
EXCLUSIONS FOR DCEO AND EPA GRANT ASSISTANCE
• Project Management, Meetings and Grant Application are not required for the $1,500,000
DCEO Grant (Year 2 LSLR Expansion area). These scope items were completed under a
separate contract.
• Environmental Impact Statement(EIS) and Record of Decision (ROD) documentation and
coordination with EPA (Item 1.2). This is based on the assumption the end result of the
EID will be a Finding of No Significant Impact (FONSI) by the EPA, signifying no further
impacts are anticipated and no mitigation measures are required
• Coordinating Supporting Signoffs Associated with EID — Cross-Cutting Agencies for
agencies not specifically listed above (Item 1.2)
reins
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CITY OF El GIN,II LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 4
ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION
(CONTRACT B AND C):
1.4 Prepare loan application form
• Loan program certifications and resolutions
o 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
1.5 Financial coordination with the City
• Current and future debt
• Comprehensive financial projections (5 years)
• Audited financial statements
• Bond ratings
• Unique entity ID number
DESIGN ENGINEERING — LSLR (CONTRACT A, B, C, D AND E):
2.1 Project management and administration
• Budget tracking
• Management of personnel and the engineering contract
• General coordination with the City and IEPA PWSLP contact
• Coordination with the engineering department on 2025 road programs
• IEPA funding nomination forms for Year 4 and 5 LSLR 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
• Four (4) mandatory pre-bid meetings
2.3 Utility and subcontractor coordination
• Review City GIS data
• Acquire and review existing engineering plans and other available data
• Design JULIE
• Coordinate with subconsultants
2.4 Regulatory agency coordination and permitting
• IDOT permitting for approximately 50 services N. State St. and Liberty St.
2.5 Prepare five (5) separate contract documents and estimates
• Field visits to assess existing conditions; specifically existing b-box locations relative to
driveways, sidewalks, trees, etc. Estimated five (5) 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.
'I- YEARS
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CITY OF ELGIN, IL I FAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 4
• 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 (IEPA contracts only)
o The project manual will provide general guidance to bidders regarding details noted
herein.
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 IEPA coordination (IEPA contracts only)
• Obtain IEPA PWSLP approval of contract documents prior to bidding and prepare
revisions to contract documents per IEPA review as necessary.
• Prepare necessary post-bidding checklists and submit the selected bid proposal to IEPA
for approval.
2.7 Bidding and contracting for five (5) separate contracts
• Prepare ad for bid and coordinate posting in local paper
• Acquire certified ad for bid (IEPA contracts only)
• Prepare bidders list
• Address bid questions and prepare addenda
• Coordinate addenda approval with IEPA prior to issuance (IEPA contract only)
• Attend virtual meetings for public reading of the bids for Contracts B, C and E (only).
• Prepare bid tab, bid summary, and intent of award letter
• Submit successful bid proposal to IEPA for approval (IEPA contract only)
DESIGN ENGINEERING —WATER MAIN REPLACEMENT (CONTRACT A):
2.8 Project management and administration
• Budget tracking
• Management of personnel and the engineering contract
• General coordination with the City
2.9 Project meetings
• One (1) status meeting with the City
2.10 Utility and subcontractor coordination
• Acquire and review existing engineering plans and other available data
• Design JULIE
• Plan submission and coordination with private utilities
2.11 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
• Convert CAD files to GIS files and share with the City
• Prepare a total of two (2) utility easements for execution by the City
2.12 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
YEARS
PAGE 4
1 I I LEAD SERVICE LINE REPLACEMENT PROGRAM-YEAR 4
• Internal QC/QA
• Incorporate items in Year 4 Contract A LSLR bidding documents.
2.13 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.
#b [.- ,
YEARS
t'k: ' PAGE 5
ATTACHMENT B: ESTIMATED SCHEDULE
CLIENT PROJECT NUMBER
City of Elgin EG2403
PROJECT TITLE DATE PREPARED BY •
-
Lead Service Line Replacement Program-Year 4 Improvement 11/27/24 KMM/JAM
TASK TASK DESCRIPTION 2024 2025
NO. SEPT OCT NOV DEC JAN FEB MAR APRIL MAY JUNE JULY AUG
DCEO AND EPA GRANT ASSISTANCE
1.1 DCEO Grant Assistance Continues through end of construction
1.2 Complete NEPA Process for EPA Grant
1.3 EPA Grant Assistance Continues through end of construction
ILLINOIS PWSLP LOAN APPLICATION (CONTRACT B)
1.4 Prepare Loan Application (Inc. Certificates and Resolution Coordination)
1.5 Financial Coordination with the City
DESIGN ENGINEERING-LSLR(CONTRACTS A, B,AND C)
2.1 Project Management and Administration
2.2 Project Meetings(10 Total)
2.3 Utility and Subcontractor Coordination
2.4 Regulatory Agency Coordination and Permitting
2.5 Contract Documents and Estimates(5 Contracts)
2.6 IEPA Coordination (2 Contracts)
2.7 Bidding and Contracting(5 Contracts)
DESIGN ENGINEERING-WATER MAIN REPLACEMENT(CONTRACT A)
2.8 Project Management and Administration
2.9 Project Meetings(1 Total)
2.10 Utility and Subcontractor Coordination
2.11 Topographic Survey(Water Main Only)
2.12 Prepare Engineering plans, Special Provisions. and Cost Estimates
2.13 Regulatory Agency Coordination and Permitting
52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 'V
ATTACHMENT C:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST
PROFESSIONAL ENGINEERING SERVICES
CLIENT PROJECT NUMBER
Cit of El.m EG2403
PROJECT TITLE DATE PREPARED BY
Lead Service Line R-.. - ent P•.ram-Year 4 Im•ovements 11/26/24 IZZIMII
'ENTRY ENGINEERING SURVEYING DRAFTING ADMIN
TASK TASK DESCRIPTION Mr ROLE PIC SPM PM SR PE II SPM SPTII ST SPT 4 SPT I GIS Tech Admen HOURS COST
NO. ®' s ®1MEZM®® EMIIM®m
RATE $246 $241 $210 $200 $241 $175 S140 $175 $164 $140 $72
DCEO AND EPA GRANT ASSISTANCE
1.1 DCEO Grant Assistance - 6 73 6 - - - 85 $ 17,976
1.2 Complete NEPA Process for EPA Grant 8 28 8 - - - - 44 $ 9.408
1.3 EPA Grant Application • 16 78 16 - - - - - 110 $ 23,436
DCEO and EPA Grant Assistance Subtotal: - 30 179 30 - - - - - 239 $ 50,820
PWSLP LOAN APPLICATION(CONTRACTS B and C)
1.4 Prepare Loan Application(Inc Certificates and Resolution Coordination) - 28 40 - - - - - 68 $ 15.148
1.5 Financial Coordination with the City - 14 14 - . - - - •- 28 $ 6.314
Illinois PWSLP Loan Application Subtotal: - 42 54 - - - - - 96 $ 21.462
DESIGN ENGINEERING-LSLR(CONTRACTS A.B.C.D and E) ,.
2.1 Protect Management and Administration 20 80 40 - •- - -
40 180 $ 35,480
2.2 Protect Meetings(10 Total) 40 60 20 - . - - - 120 $ 26,240
2.3 Utility and Subcontractor Coordination - 10 40 - - - - - - 50 S 10,810
2 4 Regulatory Agency Coordination and Permitting - 4 25 30 - - - - - 30 - 89 $ 16,414
2 5 Contract Documents and Estimates(5 Contracts) - 40 80 160 . - 16 .1 300 $ 60,968
2.6 EPA Coordination(2 Contract) - 24 48 - - - •- - 72 $ 15,864
2.7 Bidding and Contracting(5 Contracts) • 30 60 40 - - - - - - 6 136 $ 28.262
Design Engineering LSLR Subtotal: 20 228 353 250 - - - - 46 50 947 $ 104,038
ING-WATER MAN REPLACEMENT(CONTRACT A)
2.8 Project Management and Administration 2 30 20 - - - - . - - - 52 $ 11.922
2.9 Project Meetings(1 Total) - 4 a - - - - - - 12 $ 2.604
2.10 Utility and Subcontractor Coordination - 4 5 16 - - - - - - - 28 S 5.844
2.11 Topographic Survey(Water Mann Only) - - - 10 36 42 24 - - - 212 S 38.886
2.12 Prepare Enq.neennq plans.Special Provisions.and Cost Estimates 60 F.0 400 . - 100 240, 18 - 898 S 170.640
2.13 Regulatory Agency Coordination and Permitting - 2 20 - - - 1 27 $ 5.394
Design Engineerng Water Main Subtotal: 2 100 116 450 36 142 24 100 240 18 1 1.229 $ 235.290
PROJECT TOTAL: I 22 I 400 I 702 I 730 I 38 I 142 I 24 I 100 I 2401 64) 51 I( 2,511 I 501,610
EEI STAFF DIRECT EXPENSES
JWF Jeffrey Freeman,PE,CFM,LEED AP Printing/Postage/Translation= $ 9,000
JAM Julie Morrison,PE Subconsuttant(Rubino)_ $ 150,000
VH Veronica Hall,PE
KMM Kristen Meehan.PE TOTAL DIRECT EXPENSES $ 159,000
MWS Mike Schwensthal,PE
MJT Matthew Taylor LABOR SUMMARY
DRA Deborah Anderson EEI Labor Ex.: ses= $ 501.610
TOTAL LABOR EXPENSES $ 501,610
TOTAL COSTS $ 660,610
52 Wheeler Road,Sugar Grove.IL 60554 Tel:630.4E6.6700 Fax:630.466.6701 www.eeiweb coin
Engineering Enterprises, Inc.
4#4111! STANDARD SCHEDULE OF CHARGES-JANUARY 1, 2024
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 • Suclar Grove, IL 60554 • Tel: 630.466.6700 • Fax: 630.466.6701 • www.eeiweb.com
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Engineering Enterprise.,Inc. City of Elgin 'x, '^"""• ATTACHMENT E'I O
Iso oosaeurt , - LSLR PROGRAM YEAR 4 I
.. SLR
Owe 6o1m ELGIN " - CTIY OF ELGM,ILLIN015 CONTRACT AREAS
pmsu4loo .r,..
ATTACHMENT F
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.
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'.
I2 L17-5873
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 ized Representative
J�1 C---c� /,2 !9e 7
171
Signature f Authorized Represe tative D
I am unable to certify to the above statements. May explanation is attached.
EPA FORM 5700-49(11-88)