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HomeMy WebLinkAbout26-9 Resolution No. 26-9 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 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 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 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: January 14, 2026 Adopted: January 14, 2026 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 14th day of January ,2026,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 August 13. 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 5 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 (the "Construction Engineering Services"); and WHEREAS, the contract price for the Original Agreement was$682,974.00;and WHEREAS, The contract price for the Construction Engineering Services pursuant to Amendment Agreement No. 1 is$2,875,816.00;and WHEREAS,the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed;and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein,and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section 1.0 of the Original Agreement is hereby further amended by adding the following to the end thereof: "ENGINEER shall further perform the construction engineering services described in Attachment A-1 to Amendment Agreement No. 1,entitled"Scope of Services" and incorporated herein by this reference. No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for Payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City." 3. Section 2.B of the Original Agreement is hereby further amended by adding the following to the end thereof: 1 "A project schedule for the construction engineering services for the PROJECT is set forth as Attachment B-1 to Amendment Agreement No. 1, entitled "Estimated Schedule" and incorporated herein by this reference. 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 the construction engineering 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 November 25, 2025, attached as Attachment C-1 to Amendment Agreement No.1 and incorporated herein by this reference,and in accordance with the ENGINEER'S Standard Schedule of Charges dated January 1,2026,attached as Attachment D-1 to Amendment Agreement No. 1 and incorporated herein by this reference, for personnel employed on the PROJECT, with the total fees and expenses to be paid to the ENGINEER for the construction engineering services pursuant to Amendment Agreement No. 1 not to exceed $2,875,816.00 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." 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. I are included within the total fee amount not to exceed$2,875,816.00 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 $2,875,816.00. referred to in Section 4A hereof." 7. Section 4.D of the Original Agreement is hereby amended by adding the following to the end thereof relating to the payment schedule for the construction engineering services pursuant to Amendment Agreement No. 1: 2 Payment Schedule ESTIMATED INVOICE ESTIMATED VALUE OF ESTIMATED INVOICE DATE COMPLETE WORK COMPLETE VALUE Jan-26 2% $ 57,516.32 $ 57,516.32 Feb-26 5% $ 143,790.80 ▪ $ 86,274.48 Mar-26 10% $ 287,581.60 $ 143,790.80 Apr-26 15% $ 431,372.40 $ 143,790.80 May-26 20% $ 575,163.20 $ 143,790.80 Jun-26 25% $ 718,954.00 $ 143,790.80 Jul-26 35% $ 1,006,535.60 $ 287,581.60 Aug-26 45% $ 1,294,117.20 $ 287,581.60 Sep-26 55% $ 1,581,698.80 $ 287,581.60 Oct-26 65% $ 1,869,280.40 $ 287,581.60 Nov-26 75% $ 2,156,862.00 $ 287,581.60 Dec-26 85% $ 2,444,443.60 ▪ $ 287,581.60 Jan-27 95% $ 2,732,025.20 $ 287,581.60 Feb-27 95% $ 2,732,025.20 $ - Mar-27 95% $ 2,732,025.20 $ - Apr-27 95% $ 2,732,025.20 $ - May-27 98% $ 2,818,299.68 $ 86,274.48 Jun-27 99% $ 2,847,057.84▪ $ 28,758.16 Jul-27 100% $ 2,875,816.00 $ 28,758.16 Total = $ 2,875,816.00 8. The changes provided 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 shall remain in full force and effect, including Section F-1 "IEPA Professional Services Contract Clauses." 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. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: By: tu.r ..— City Manager I ncl I Attest: Attest: / / id( City Clerk Its Executive Assistant Legal Dept\Agreemcnt\EEI Amend Agr I-Construction-Year 5 LSLK-1-6-26 docx 4 CITY OF ELGIN.IL YEAR 5 LSLR PROGRAM ATTACHMENT A-1 SCOPE OF SERVICES LEAD SERVICE LINE REPLACEMENT — YEAR 5 City of Elgin, IL Professional Services Agreement - Construction Engineering The City of Elgin has identified approximately 870 lead services lines to be replaced (main to meter) using funds from the IEPA Public Water Supply Loan Program (PWSLP) and local funds. The service replacements are divided into six separate construction contracts: Year 5 Contract Min. No. of Funding LSLR Contract A (LSLR & associated water main replacement) 193 IEPA and local Contract B (IEPA $4M) 258 IEPA Contract C (IEPA bypass funding) 357 IEPA Contract D (Emergency Repairs) 60 Local Contract E (St. Charles St. IDOT LSLR) 33 Local 2026 Water Main Improvements (no LSLR) N/A Local Total 901 Contract A includes approximately 8,300 linear feet of new water main installation. A separate. water main replacement only contract includes approximately 12,400 feet of new 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. Due to construction costs running lower than anticipated for Year 4. the City also identified an additional 123 lead service lines to be replaced under Year 4 Contracts B and C (IEPA L17-5873 eligible). The City also added an additional 37 lead service line replacements to Year 4 under Contracts D, F, and G (local funding). This amendment includes construction engineering services for the additional 160 lead service line replacements added to Year 4. 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 A, Contract B, and Contract C only • IEPA Project Closeout—Contract A, Contract B, and Contract C only PAGE 1 CITY OF ELGIN,It YEAR 5 LSLR PROGRAM 3.2 Construction Layout and Record Drawings • Contract A Water Main and 2026 Water Main Improvements contracts 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 3.3 Construction Observation and Documentation —Water Main • Contract A and 2026 Water Main Improvements contracts 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 assessments 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 662/663 (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-1) in affect at the time the extra work is performed. 4/1 PAGE 2 ATTACHMENT B-1: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER CITY OF ELGIN EG2503 PROJECT TITLE DATE PREPARED BY LEAD SERVICE LINE REPLACEMENT-YEAR 5-CONSTRUCTION ENGINEERING 11/25/25 KMM TASK TASK DESCRIPTION 2026 2027 NO. MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR APRIL MAY JUNE JULY 3.1 Construction Administration 3.2 Construction Layout and Record Drawings-Water Main 3.3 Construction Observation and Documentation-Water Main 3.4 Construction Observation and Documentation-LSLR 3.1 Construction Administration 3.4 Construction Observation and Documentation-LSLR 3.1 Construction Administration 3.4 Construction Observation and Documentation-LSLR 3.1 Construction Administration 3.4 Construction Observation and Documentation-LSLR 3.1 Construction Administration 3.4 Construction Observation and Documentation-LSLR 3.1 Construction Administration 3.2 Construction Layout and Record Drawings-Water Main 3.3 Construction Observation and Documentation-Water Main 3.1 Construction Administration 3.4 Construction Observation and Documentation-LSLR 52 Wheeler Road. Sugar Grove IL 60554 Tel:630.466.6700 Fax:630.466.6701 www.eeiweb.com ATTACHMENT C-1: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER CITY OF ELGIN EG2503 PROJECT TITLE DATE PREPARED BY LEAD SERVICE LINE REPLACEMENT-YEAR 5 11/25/25 KMM TASK ROLE PIC PM SPE I PE PM SPT II SPT I GIS ADMIN NO. TASK DESCRIPTION E-3 E-1 P-S P-4 E-1 T-6 T-5 P-2 A-3 HOURS COST RATE 5262 5228 S203 S184 S228 5191 5179 6153 579 3.1 Construction Administration(IEPA. 148 services) 30 110 6 6 152 5 34,332 3.1 Construction Administration(Local.Water Main+45 services) 80 250 6 6 342 5 79.352 3.2 Construction Layout and Record Drawings-Water Main 9 105 40 154 $ 29.267 3.3 Construction Observation and Documentation-Water Main 1.950 1.950 $ 358.800 3.4 Construction Observation and Documentation-LSLR(IEPA; 148 Services) 1.108 1,108 $ 198.332 3.4 Construction Observation and Documentation-LSLR(45 Services) 340 340 S 60.860 Contract A Subtotal: 110 360 - 1,950 9 105 1,488 12 12 4.046 $ 760,943 DIRECT EXPENSES(IEPA L17-5874) DIRECT EXPENSES(LOCAL) Mailing and Pnnting $ 1.500 Mailing and Printing $ 500 Plumbing and Electrical Inspection(B&F) $ 7.400 Plumbing and Electrical Inspection(B&F) $ 2.250 Material Testing(Rubino) $ 1.500 Material Testin. Rubino S 1.500 DIRECT EXPENSES(IEPA)= $ 10,400 DIRECT EXPENSES LOCAL = $ 4 250 LABOR SUMMARY(IEPA L17-5874) LABOR SUMMARY(LOCAL) EEI Labor E •-nses= $232.664 EEI Labor Ex•-nses= $ 528 279 TOTAL LABOR EXPENSES IEPA $232,664 TOTAL LABOR EXPENSES LOCAL $ 528,279 CONTRACT A COST((EPA L17-5874) 5243,064 CONTRACT A COST(LOCAL) $ 532,529 CONTRACT A TOTAL COST $ 775,593 PAGE 1 OF 4 ATTACHMENT C-1: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER CITY OF ELGIN EG2503 PROJECT TITLE DATE PREPARED BY LEAD SERVICE LINE REPLACEMENT-YEAR 5 11/25/25 KMM TASK ROLE PIC PM SPE I PE PM SPT II SPT I GIS ADMIN NO. TASK DESCRIPTION E-3 E-1 P-5 P-4 E-1 T-6 T-5 P-2 A-3 HOURS COST RATE $262 $228 $203 $184 $228 $191 $179 $153 $79 3.1 Construction Administration(IEPA.236 services) 40 200 240 $ 56.080 3.1 Construction Administration(Local:22 services) 8 12 _ 20 $ 4.832 3.4 Construction Observation and Documentation-LSLR(IEPA.236 Services) 1.716 1.716 $ 315.744 3.4 Construction Observation and Documentation-LSLR(Local:22 Services) 160 160 $ 29.440 Contract B Subtotal: 48 212 - 1,876 - - - 2.136 $ 406.096 DIRECT EXPENSES(IEPA L17-7580) DIRECT EXPENSES(LOCAL) Mailing and Pnnting $ 2.400 Mailing and Printing $ 300 Plumbing and Electrical Inspection(B&F) $ 11.800 Plumbing and Electrical Inspection(B&F) $ 1.100 Material Testing(Rubino) $ 2.400 Material Testin. Rubino) $ 220 DIRECT EXPENSES(IEPA)= $ 16,600 DIRECT EXPENSES LOCAL = $ 1,620 LABOR SUMMARY(IEPA L17-7580) LABOR SUMMARY(LOCAL) EEI Labor Ex.-nses= $371.824 EEI Labor Expenses= $ 34.272 TOTAL LABOR EXPENSES IEPA S371,824 TOTAL LABOR EXPENSES(LOCAL) $ 34,272 CONTRACT B COST(IEPA L17-7580) $388,424 CONTRACT B COST(LOCAL) $ 35,892 CONTRACT B TOTAL COST $ 424.316 TASK ROLE PIC PM SPE I PE PM SPT II SPT I GIS ADMIN NO. TASK DESCRIPTION E-3 E-1 P-5 P-4 E-1 T-6 T-5 P-2 A-3 I HOURS COST RATE 5262 5228 5203 5184 $228 S191 $179 $153 $79 3.1 Construction Administration 50 312 362 $ 84.236 3.4 Construction Observation and Documentation-LSLR 2.598 2,598 $ 478.032 Contract C Subtotal: 50 312 - 2,598 - - - 2,960 $ 562,268 DIRECT EXPENSES(IEPA L17-5874) Mailing and Printing $ 3.600 Plumbing and Electrical Inspection(B&F) S 17.850 Material Testing(Rubino) $ 3 600 DIRECT EXPENSES(IEPA)= S 25,050 LABOR SUMMARY(IEPA L17-5874) EEI Labor Ex.-nses= $562.268 TOTAL LABOR EXPENSES IEPA $562,268 CONTRACT C COST(IEPA L17-5874) $587,318 PAGE 2 OF 4 ATTACHMENT C-1: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROTECT NUMBER CITY OF ELGIN EG2503 PROJECT TITLE DATE PREPARED BY LEAD SERVICE UNE REPLACEMENT-YEAR 5 11/25/25 KMM TASK ROLE PIC PM SPE I PE PM SPT II SPT I GIS ADMIN NO, TASK DESCRIPTION E-3 E-1 P-5 P-4 E-1 T-6 T-5 P-2 A-3 I HOURS COST RATE 5262 S228 S203 $184 5228 $191 $179 5153 S79 3.1 Construction Administration 12 40_ - 8 8 68 $ 14.120 3.4 Construction Observation and Documentation-LSLR 450. 450 $ 80.550 Contract D Subtotal: 12 40 - - - - 450 8 8 518 $ 94.670 3.1 'Construction Administration 8 18 8 8 42 $ 8.056 3.4 Construction Observation and Documentation-LSLR 248 248 $ 44.392 Contract E Subtotal: 8 18 - - - - 248 8 8 290 $ 52,448 3.1 Construction Administration(Water Main) 100 326 8 8 442 5 102 384 3.2 Construction Layout and Record Drawings-Water Main 18 143 58 219 $ 41,799 3.3 Construction Observation and Documentation-Water Main 3.010 3.010 $ 538,790 Water Main Improvements Subtotal: 100 326 - - 18 143 3,068 8 8 3,671 S 682,973 CONTRACTS D,E,AND WM IMP.DIRECT EXPENSES(LOCAL) Mailing and Printing 5 2,000 Plumbing and Electncal Inspection(B&F) $ 4.650 Material Testing(Rubino) $ 2,000 DIRECT EXPENSES(LOCAL)_ $ 8,650_ CONTRACTS D,E,AND WM IMP.LABOR SUMMARY(LOCAL) EEI Labor Expenses= S 830.091 TOTAL LABOR EXPENSES(LOCAL) $ 830,091 CONTRACTS D,E,AND WM IMP.TOTAL COST $ 838,741 LEAD SERVICE LINE REPLACEMENT-YEAR 5 TOTAL COST $ 2,625,968 PAGE 3 OF 4 I ATTACHMENT C-1: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER CITY OF ELGIN EG2503 PROJECT TITLE DATE PREPARED BY LEAD SERVICE LINE REPLACEMENT-YEAR 5 11/25/25 KMM YEAR 4-ADDITIONAL SCOPE TASK ROLE PIC PM s r I PE PM SPT II SPT I GIS ADMIN NO. TASK DESCRIPTION E-3 E-1 P-5 P-4 E-1 7-6 T-5 P-2 A-3 HOURS COST RATE 5262 S228 $203 5184 5228 5191 S179 S153 $79 3.1 Construction Administration(IEPA. 123 services) 20 96 116 $ 27.128 3.1 Construction Administration(Local,37 services) 10 26 36 $ 8,548 3.4 Construction Observation and Documentation-LSLR(IEPA. 123 Services) 852 852 $ 156.768 3.4 Construction Observation and Documentation-LSLR(Local.37 Services) J 256 256 $ 47.104 Year 4 Subtotal: 30 122 - 1,108 - - - - - 1.260 $ 239.548 DIRECT EXPENSES(IEPA L17-5873) DIRECT EXPENSES(LOCAL) Mailing and Printing $ 1.300 Mailing and Printing $ 400 Plumbing and Electrical Inspection(B&F) $ 6.150 Plumbing and Electrical Inspection(B&F) $ 1.850 Material Testing(Rubino) $ 400 Material Testing(Rubino) $ 200 DIRECT EXPENSES(IEPA)= $ 7,850 DIRECT EXPENSES(LOCAL)= $ 2,450 LABOR SUMMARY(IEPA L17-5873) LABOR SUMMARY(LOCAL) EEI Labor Expenses= 5183.896 EEI Labor Ex.-nses= $ 55.652 TOTAL LABOR EXPENSES(IEPA) $183,896 TOTAL LABOR EXPENSES LOCAL $ 55,652 YEAR 4 COST(IEPA L17-5873) $191,746 YEAR 4 COST(LOCAL) $ 58,102 YEAR 4-ADDITIONAL SCOPE TOTAL COST $ 249,848 AMENDMENT NO.1 TOTAL COST $ 2,875,816 PAGE 4 OF 4 ENGINEERING ENTERPRISES, INC. ATTACHMENT D-1 *1 52 Wheeler Road, Sugar Grove, IL 60554 Ph:630.466.6700• Fx:630.466.6701 www.eeiweb.com emomimm STANDARD SCHEDUL r e . 'RGES--JANUARY 1, 2026 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $268.00 Principal E-3 $262.00 Senior Project Manager E-2 $254.00 Project Manager E-1 $228.00 Senior Project Engineer/Surveyor II P-6 $218.00 Senior Project Engineer/Surveyor I P-5 $203.00 Project Engineer/Surveyor P-4 $184.00 Senior Engineer/Surveyor P-3 $169.00 Engineer/Surveyor P-2 $153.00 Associate Engineer/Surveyor P-1 $139.00 Senior Project Technician II T-6 $191.00 Senior Project Technician I T-5 $179.00 Project Technician T-4 $167.00 Senior Technician T-3 $153.00 Technician T-2 $138.00 Associate Technician T-1 $120.00 Engineering/Land Surveying Intern I-1 $ 89.00 Director of Marketing and Business Development M-4 $141.00 Marketing Coordinator M-2 $105.00 Executive Administrative Assistant A-4 $ 84.00 Administrative Assistant A-3 $ 79.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 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