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Home My WebLink About25-33Resolution No. 25-33 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 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 5.02.024B(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 (LSLR) Program — year 4 improvements, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Ka tain David J. Kaptain, Mayor Presented: February 26, 2025 Adopted: February 26, 2025 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 26 day of February , 2025, 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 February 12, 2025 (the "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the Lead Service Line Replacement Program — Year 4 Improvements (hereinafter referred to as the "Original Agreement" and the "Project"); and WHEREAS, the City has determined that the proposed scope of the PROJECT should be further modified to include Construction Phase Professional Engineering Services; and WHEREAS, the contract price for the Original Agreement was $660,610.00; and WHEREAS, the contract price for engineering services pursuant to Amendment No. 1 is $2,090,433.00. 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: The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section LC of the Original Agreement is hereby further amended by adding the following to the end thereof: "ENGINEER shall perform the construction engineering services described in "Attachment A-1 ", entitled "Scope of Services". No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for Payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City." Section 2.B of the Original Agreement is hereby further amended by adding the following to the end thereof: "A project schedule for construction engineering services for the PROJECT is included as Attachment B-1, attached hereto. Progress for such services will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below" 4. Section 4.A of the Original Agreement is hereby amended by adding the following to the end thereof - "For services provided pursuant to Amendment Agreement No. 1 the ENGINEER shall be paid in accordance with the Estimate of Level of Effort and Associated Cost dated January 27, 2025, attached as Attachment C-1 and incorporated herein by this reference, and in accordance with the ENGINEER'S Standard Schedule of Charges dated January 1, 2025, attached hereto as Attachment D-1 for personnel employed on the PROJECT, with the total fees and expenses to be paid to the ENGINEER pursuant to Amendment Agreement No. 1 not to exceed $2,090,433.00 regardless of the actual costs incurred by the ENGINEER unless substantial modification to the scope of work are authorized in writing by the DIRECTOR and approved by way of written amendment to this agreement. The total fees and expenses to be paid to the ENGINEER pursuant to the Original Agreement and Amendment Agreement No. 1 are not to exceed $2,751,053.00, regardless of the actual costs incurred by the ENGINEER, unless substantial modifications to the scope of work are authorized in writing and approve by way of written amendment top this Agreement." 5. Section 4.B of the Original Agreement is hereby amended by adding the following to the end thereof: "The costs of all outside service expenses relating to Amendment Agreement No. 1 are included within the total fee amount not to exceed $2,090,433.00 referred to in Section 4.A hereof." 6. Section 4.0 of the Original Agreement is hereby amended by adding the following to the end thereof: "Reimbursable expenses relating to Amendment Agreement No. 1 are included within the total fee amount not to exceed $2,751,053.00 referred to in Section 4.A hereof." 7. Section 4.1) of the Original Agreement is hereby amended by deleting the Payment Schedule in section 4.1) in its entirety, and by substituting the following Payment Schedule therefore: 2 Payment Schedule INVOICE DATE ESTIMATE % COMPLETE 5% ESTIMATE $ VALUE OF WORKCOMPLETE 132,122.00 ESTIMATE INVOICE VALUE Dec-24 $ 132,122.00 1a n-25 7% $ 198,183.00 $ 66,061.00 Feb-25 10% $ 264,244.00 $ 66,061.00 Mar-25 12% $ 330,305.00 $ 66,061.00 Apr-25 18% $ 495,457.50 $ 165,152.50 May-25 19% $ 528,488.00 $ 33,030.50 Jun -25 24% $ 657,262.29 $ 128, 774.29 Jul-25 36% $ 995, 080.88 $ 337, 818.59 Aug-25 46% $ 1,266,838.47 $ 271,757.59 Sep-25 56% $ 1,538,596.06 $ 271,757.59 Oct-25 66% $ 1,810,353.65 $ 271,757.59 Nov-25 76% $ 2,082,111.24 $ 271,757.59 Dec-25 86% $ 2,353,868.83 $ 271,757.59 1a n-26 96% $ 2,646,530.85 $ 292,662.02 Feb-26 96% $ 2,646,530.85 $ - Mar-26 96% $ 2,646,530.85 $ - Apr-26 96% $ 2,646,530.85 $ - May-26 98% $ 2,688,339.71 $ 41,808.86 Jun-26 98% 1 $ 2,709,244.14 $ 20,904.43 Jul-26 100% 1 $ 2,751,053.00 $ 41,808.86 Total = $ 2,751,053.00 The changes to the Original Agreement as provided in this Amendment Agreement No. 1 are germane to the Original Contract, and this Amendment Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law. 9. That except as amended in this Amendment Agreement No. 1, the Original Agreement, including Section F "IEPA Professional Services Contract Clauses," shall remain in full force and effect. 10. That in the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF CONSULTANT City Manager Itr'PrinciPal Atte t:A/—Z4 �W�zA�'��4L City Cl Attest: Its Executive Assistant Legal Dept\Agreement\EEI Amend Agr No 1-Construction-LSLR Year 4-2-17-25.docx 4 ATTACHMENT A-1 SCOPE OF SERVICES LEAD SERVICE LINE REPLACEMENT — YEAR 4 City of Elgin, IL The City of Elgin has identified approximately 1040 lead services lines to be replaced (main to meter) using funds from the IEPA Public Water Supply Loan Program (PWSLP), DCEO and EPA grants, and local funds. The service replacements are divided into four separate construction contracts: Contract Min. No. of LSLR Funding A 278 IEPA/Local B 321 I EPA/Local C 221 IEPA/Local D (Emergency Repairs) 50 Local E 170 DCEO/EPA/Local Total 1040 Contract A also includes approximately 10,800 feet of new 8-inch water main installation. The City is currently nearing the completion of the design phase of this project and is seeking to proceed to the construction phase. The following list of work items establishes the scope of engineering services for this project: CONSTRUCTION ENGINEERING 3.1 Construction Administration • Project Management • Preparation of On -Line Data Management Tool (Field Maps) • Prepare for, Attend, and Facilitate the Preconstruction Meeting Including Preparation of Meeting Minutes • Shop Drawing Review • Resident Notifications (3 Total; English and Spanish) o Overall Project Information and General Schedule o Notice of Service Replacement o Restoration and Flushing Guidelines • Project Manager Attendance of Field Meetings; 2 meetings per month for 10 Months - (Excluding Contract D - Emergency Repairs) • Prepare Pay Estimates and Change Orders • IEPA Disbursement Requests — Contract B and Contract C Only • IEPA Project Closeout - Contract B and Contract C Only 3.2 Construction Layout and Record Drawings • Contract A Water Main Only • Stake Proposed Water Main, Structures, and Curb and Gutter. B-boxes will not be staked. • Perform Post Construction Field Survey for Record Drawings • Prepare and Review Record Drawings Professional Services Agreement Construction Engineering Scope of Services 3.3 Construction Observation and Documentation — Water Main • Contract A Only • Take Pre -Construction Videos and Photos of Pre -Existing Conditions • Provide Resident Engineering Services for Construction • Provide Quantity Tracking, Documentation, and Daily Field Reports (E-mails and Salesforce) • On -Site Meetings with the City as Needed • Punch Walks and Letters 3.4 Construction Observation and Documentation — LSLR • Home Assessment with Contractor and City • Provide Resident Engineering Services for Construction • Provide Quantity Tracking, Documentation, and Daily Field Reports (E-mails and Salesforce) • On -Line Data Management Using Field Maps • On -Site Meetings with the City as Needed • Punch Walks and Letters The following scope of services will be provided by EEI's Subconsultant: • On -Call CCDD Testing and Certification — LPC 662 (Rubino Engineering Inc.) • Waste Profile Testing (Rubino Engineering Inc.) • Material Testing (Rubino Engineering Inc.) • Plumbing and Grounding Inspections (B&F Construction Code Services, Inc.) EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meeting • Construction Layout for LSLRs • Post Construction Field Survey and/or Record Drawings for LSLRs • Resident Coordination During Construction (By Contractor) The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with EEI's Standard Schedule of Charges (Attachment D-2) in affect at the time the extra work is performed. ■ I I � .� N , a Lcv Ln N • N A (D N ■ W • • • • .C7 N O N 1. fi f_ C � CC C rt� of y� m - J J Z U � ? j 0 0 O O O O a_ N is is iv m m m a U 3 E E E E E E } 0 0 0 0 0 Y '200 00 a z C3 Co cmu - O�(D o oOgO m � Om gaU O .o% J NM NN i f0: > ().D N NN C N - W E O(nN � EN ENF++ENErn za- W a 0D a ¢ C ccacca_rUJC wr� 0 0 0 o a 0 0 a a 0 M;0 o L) 0.0 J U U U Uuj U F!� U LLf L] U❑ U U Z W 7 j J > N C N C N C N C F— (n C U) C f N C N C F 0 C w mF N C 0 C W of LL w 00 UUUU 0�0�� O •, z z V�U w Q Z Z QM M M7 �Q0 Ml Q MM tOF} J F- U C U� ]U TASK NO. TASK DESCRIPTION G-2 A-3 HOURS COST C,ONTRACT A WA wham indicalad 3.1 Construction Administration (1EFA; 197 services) 36 122 6 6 170 $ 36.862 3.1 Construction Administration (w—Mein+9l services) 65 234 3 3 305 $ 67942 3.2 Construction Lavout and Record Drawlnls - Water Main 9 156 165 $ 30.354 3.3 Construction Observation and Documentation - Water Main 1,995 1,995 $ 385,035 3.4 Construction Observation and Documentation - LSLR I IEPA; 197 services) 1,521 1.521 $ 260,001 3.4 Construction Observation and Documentation - LSLR (al services) 626 626 $ 107,046 Cnrdract A SUbtoW!, 101 3515 1.1105 9 1t% 21147 11 9 4 T82 s 887.39D Translatone, rRedbi and Pnntl s 1350 Pplrn6i and Elechrcal I n BdF $ B 1ii35 Sral Tasti Ru$irrp $ 1.070 DIRECT EXPENSES 7Ep # $10 1E EEI Labor Expenses = 52IN 953 TOTAL LABOR EXPENSES (EPA) $796.953 Translations, Mailin and Prints $ 6M Plumbin and Electrical Ins action B&F $ 2 835 Soil Testin Rubino $ 4,810 DIRECT EXPENSES = $ 8,245 EEI Labor enses= $ 627,239 TOTAL OR EXPENSES $ 627,239 TASK NO. TASK DESCRIPTION E-3 1 E-1 P.s P•4 E•1 T•8 •T!5 G-2 A•3 HOURS COST HTRACT B (I A) 3.1 Construction Administration 1 581 198 8 8 272 $ 59,362 3.4 Construction Observation and Documentation - LSLR 2.422 2,4221 T, 423.350 Contract 0 atvtotal: 1 581 1931 1 2,422 1 1 $ 1 8 2,894463.212 CONTRACT. C. IEPA 3.1 Construction Administration 8 5 16 $ 1940 3.4 Construction Observation and Documentation - LSLR 1.687 1, 6157 291 725 a 1,offa8, TASK NO. TASK DESCRIPTION E-3 E•1 P-5 T-5 1 0•2 1 A-3 HOURS COST 2!MWT0 EHERGfNCY REPAIR 3.1 Construction Administration 9 31 81 81 56 $ 10,657 3.4 Construction Observation and Documentation - LSLR 386 386 $ 66,008 Contract D Subtotal: 1 0 31 1 1 1 3861 81 8 442 78,683 CONTRACT E (DCEO AND EPA GRANT) 3.1 Construction Administration 30 106 8 8 152 $ 32,278 3.4 Construction Observation and Documentation- LSLR 1,313 1,313 $ 224,523 Contract E Subtotal: 30 1061 1 1 1 1 1,3131 81 8 1,485 256,801 Translations, Mailing and, Printing $ 60C Plumbi and Electrical Ins action B&F $ 5.950 Soil Test! Rubino) $ 1,700 DIRECT EXPENSES = $ 250 r EEI Labor Expenses = $ 333,464 TOTAL LABOR EXPENSES1 $ 333464 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 w,vw.eeiweb.com ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com Attachment D-1 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 GIS Technician II G-2 $130.00 GIS Technician I G-1 $119.00 Engineering/Land Surveying Intern 1-1 $ 85.00 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