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08-198 Resolution No. 08-198 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR THE WESTFIELD BUSINESS PARK WATER MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with ESI Consultants, Ltd. for the Westfield Business Park water main project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this o?7 4( day of 4Z( Ic ?/Jf , 2008 , by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and K-PLUS ENGINEERING, LTD, CURRENTLY DOING BUSINESS AS ESI CONSULTANTS, LTD, an Illinois corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the parties hereto have previously entered into an agreement dated October 11, 2006, for the ENGINEER to furnish certain professional services in connection with the Westfield Business Park Water Main Project (hereinafter referred to as "Original Agreement" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend the Original Agreement to provide for additional design services by the ENGINEER; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows: 1. Attachment "A" of the Original Agreement entitled "Scope of Work and Services" is hereby further amended by further amending Section 2 .2 entitled "Scope of Services" to include the following: US Route 20 Services • Participate in a meeting with City and IDOT personnel to discuss the limits the water main needs to be moved and a potential location for the new water main. • Prepare a preliminary opinion of construction costs for the City' s use in determining possible construction costs associated with the relocation at the beginning of the project. • Use US Route 20 Improvement Plans for IDOT Contract No. 62617 as provided by the City as the base of the design. Utility locations as provided in the US Route 20 plans will be incorporated. • Prepare plan sheets of the proposed relocation along Route 20 from Shales Parkway to the Railroad for the approximately 920 LF of water main along the north side of US Route 20 and approximately 840 LF of water main along the south side of US Route 20 . Provide general notes and details as required to describe the intent of the work. • Illinois Environmental Protection Agency water main construction permit is not required as the size and general location of the water main will remain the same as for the existing water main. The City will coordinate with IDOT for all work within the US Route 20 right of way. • Using the front end documents provided by the City, prepare one project manual for use in bidding and constructing the project . The project manual will include technical specifications referring to IDOT standard provisions . • Prepare up to two opinions of probable construction cost for the site work and certify it for submission to the reviewing agencies. • Submit up to five copies of documents to the City for review for each project. • Revise documents up to one time for each project based on City comments . • During the Bidding Phase, Engineer will provide the following services up to two times (one for each project) : o Provide documents to the City in pdf format for use by the City in reproducing documents for bidding the project. o Assist the City in addressing questions from the plan holders. o Attend the Bid Opening. o Prepare up to one addendum as needed to address revisions to the contract documents. o Prepare Bid Tabulation and Letter of Recommendation. o Contact references as need to confirm that the low bidder is a responsible contractor as necessary based on the bidder' s previous experience with ENGINEER or the City. Bluff City Blvd Services • Prepare a preliminary opinion of construction costs for the City' s use in determining possible construction costs associated with the relocation at the beginning of the project. • Prepare plan sheets of the proposed relocation along Bluff City Boulevard from a point approximately 150 feet south of the center of the intersection with US Route 20 and extend south and west for a distance of approximately 1, 150 LF of water main. Provide general notes and details as required to describe the intent of the work. • Illinois Environmental Protection Agency water main construction permit is not required as the size and general location of the water main will remain the same as for the existing water main. The City will coordinate with IDOT for all work within the US Route 20 right of way. • Coordinate with Natural Gas Pipeline Company, Enbridge and EN Engineering to obtain specifications for constructing a water main within the utility easement. • Prepare permit applications and submit applications to utilities for review and processing. • Using the front end documents provided by the City, prepare one project manual for use in bidding and constructing the project. The project manual will include technical specifications referring to IDOT standard provisions. • Prepare one opinion of probable construction cost for the site work and certify it for submission to the reviewing agencies . • Submit up to five copies of documents to the City for review for each project. • Revise documents up to one time for each project based on City comments . • During the Bidding Phase, Engineer will provide the following services up to two times (one for each project) : o Provide documents to the City in pdf format for use by the City in reproducing documents for bidding the project . o Assist the City in addressing questions from the plan holders . o Attend the Bid Opening. o Prepare up to one addendum as needed to address revisions to the contract documents . o Prepare Bid Tabulation and Letter of Recommendation. o Contact references as need to confirm that the low bidder is a responsible contractor as necessary based on the bidder' s previous experience with ENGINEER or the City. 2 . Paragraph IV of the Original Agreement entitled "Payments to the Engineer" is hereby further amended by further amending Paragraph D thereof to add the following: "Notwithstanding anything to the contrary in this subparagraph D, payment to the ENGINEER shall not exceed $10, 200 . 00 for additional water main design and bid assistance for work to be done along Route 20 and $12, 350 . 00 for additional water main design and bid assistance for work to be done along Bluff City Boulevard. (See Attachment "D" of this First Amendment Agreement for current billing schedule) . " 3 . The services to be provided by the ENGINEER pursuant to this First Amendment Agreement shall be commenced upon execution of this First Amendment Agreement and shall be completed by the ENGINEER as soon as is reasonably practicable but in no event later than December 31, 2008 . 4 . In the event of any conflict between the terms of this First Amendment Agreement and the terms of the Original Agreement, the terms of this First Amendment Agreement shall control. 5 . That except as amended by the First Amendment Agreement, the terms of the Original Agreement between the ENGINEER and the CITY shall remain in full force and effect. 6. The changes to the Original Agreement, as amended, provided by this First Amendment Agreement are germane to the original contract as signed and the changes provided for herein are in the best interests of the City and are authorized by law. 7 . The Original Agreement, as amended by this First Amendment Agreement, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the Agreement as so amended, including but not limited to, Attachment A of the Original Agreement . IN WITNESS WHEREOF, the parties hereto have entered into and executed this First Amendment Agreement on the date and year first written above. CITY OF ELGIN ESI CONSULTANTS, LTD. By - By Ed Schock Tony Ma afil0144164.4.- one Mayor Vice President Attest: Attest: � I City Clerk S- _3 W Attachment D ESI CONSULTANTS, LTD. STAFF BILLING RATE SCHEDULE (Rates effective January 1,2008 through December 31,2008) Description Hourly Rate President/Principal $172.00 Vice President/Director $155.00 Senior Structural Project Manager $155.00 Senior Project Manager $146.00 Structural Project Manager $146.00 Project Manager $139.00 Senior Resident Engineer $135.00 Resident Engineer $130.00 Senior Structural Project Engineer $134.00 Senior Project Engineer $128.00 Project Engineer/Assistant Resident Engineer $113.00 Engineer 3 $101.00 Engineer 2 $97.00 Engineer 1 $95.00 Senior Technician $95.00 Technician 3 $84.00 Technician 2/ CADD Tech $75.00 Technician 1 / Intern $63.00 Administrative Assistant 2 $63.00 Administrative Assistant 1 $55.00 Note: -Time is charged portal to portal Work Effort and Fee Schedule Summary City of Elgin Watermain Improvements along Route 20 Prepared July 9, 2008 (TASK TOTAL Design Services Sr.Project Tech 3 Manager Final Engineering Tasks Attend meeting with City and IDOT 4 4 Prepare Opinion of Construction Costs 1 6 7 Create Base File using Files from City 1 4 5 Layout Proposed Watermain and Prepare Plan Sheets 1 10 11 Cover Sheet,Details,General Notes,Coordinatior w/City 1 4 5 Summary of Quantities and Opinion of Construction Costs 1 g 7 Prepare Project Manual 2 12 14 Printing and Submission for City for Review 1 2 3 Revisions 2 8 10 0 Bidding Phase Tasks Coordinate with City to provide documents Coordinate w/Printer 1 4 5 Address Plan holders'questions 2 2 Attend Bid Opening 4 4 Prepare Bid Tabulation 2 2 Contact References as Needed 2 2 Prepare Letter of Recommendation 1 1 Administration/Coordination 4 4 Hours 28 58 86 Rate $155 $84 Fee $4,340 $4,872 $9,212 Reimbursable Costs Travel $250 Prints $750 $1,000 Total Estimated Fee $10,212 Work Effort and Fee Schedule Summary City of Elgin Watermain Improvements along Bluff City Blvd Prepared July 9, 2008 (TASK TOTAL Design Services Sr.Project Tech 3 Manager Final Engineering Tasks Prepare opinion of Const Costs 4 Create Base File using Files from City 1 4 5 Layout Proposed Watermain and Prepare Plan Sheets 2 15 17 Coordination w/City 4 2 6 Summary of Quantities and Opinion of Construction Costs 1 6 7 Prepare Project Manual 2 4 6 Printing and Submission for City for Review 1 2 3 Revisions 2 8 10 Permit Issues with Gas Companies 8 16 24 Bidding Phase Tasks Coordinate with City to provide documents Coordinate w/Printer 1 4 5 Address Plan holders'questions 2 2 Attend Bid Opening 4 4 Prepare Bid Tabulation 2 2 Contact References as Needed 2 2 Prepare Letter of Recommendation 1 1 Administration/Coordination 4 4 Hours 39 63 98 Rate $155 $84 Fee $6,045 $5,292 $11,337 Reimbursable Costs Travel $250 Prints $750 $1,000 Total Estimated Fee $12,337 AGREEMENT THIS AGREEMENT is hereby made and entered into this jgrUday of p c 1 , 2006,by and between the CITY.OF ELGIN, Illinois, a municipal corporation(hereinafter referred to as"CITY") and K-Plus Engineering, Ltd, an Illinois Corporation (hereinafter referred to as "ENGINEER"). WHEREAS,the.CITY desires to engage the ENGINEER to furnish certain professional services in connection with Westfield Business Park Water Main Investigation(hereinafter referred to as the"PROJECT'); and • WHEREAS,the ENGINEER represents that it is iri compliance with Illinois Statutes ••relatingto professional registration of individuals and has the necessary expertise and • experience to furnish such.:serviees upon the terms and conditions set forth herein below. NOW, THEREFORE; for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged,the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: • • L SCOPE OF SERVICES • A. All work hereunder shall be.performed under the direction of the Director of Public Works of the CITY,herein after referred to as the "DIRECTOR". B. 'ENGINEER will provide professional engineering services-pertaining to the investigation of the existing.water main within the Westfield Business Park. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. . IL PROGRESS REPORTS A. ENGINEER shall comply with the project milestone schedule for the PROJECT which is attached hereto and made a part hereof as Attachment B. Progress shall be recorded relative to the project schedule and submitted • monthly to the DIRECTOR as a component of the Status Report described in C:below. B. ENGINEER shall submit to DIRECTOR a written monthly status report recording ENGINEER'S progress,findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to,reports, 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 products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on•any other project, and such reuse shall be at the sole risk of the CITY without liability to the ENGINEER. • IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services,provided,the ENGINEER shall be paid a fee based on the hourly • rates as shown in Attachment C, attached hereto and made.a part hereof, for personnel employed on the PROJECT, with the total fee.not to exceed - $49,300.00 regardless of the'actual costs incurred by the ENGINEER unless. written amendments to this agreement and the maximum payment provisions provided for herein are agreed-to by the CITY. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus ten-percent. . Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of$49,300.00. C. 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 schedule provided by Attachment D, which is attached hereto and made a part hereof, and full payments for each task shall not be made until the task is completed and accepted in writing by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with.all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cast 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. VI. 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;provided, however, that such payment shall not exceed the total fee maximum.or task amounts set forth under Paragraph N above. • VII. 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.Article VI • or IX,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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. • VIII. 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. • • IX. 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. X., 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 aid•commissions from and against any and all claims,snits, judgments, costs, attorney's 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 such 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 termination or expiration of this agreement. • XI. 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. XII. INSURANCE A. Comprehensive Liability, The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance,written in occurrence form 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 A S ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. • Such Certificate of Insurance shall include,but not be limited to,coverage • for the obligations assumed by ENGINEER pursuant to Article X herein entitled"Indemnification".. • Such above.referenced 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 aver other available insurance,alternatively,if the insurance states that it is excess or prorated, it chall-be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in,occurrence form 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 Engineer's Professional Liability Insurance covering c}aims 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. ' XI I. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEOUENCES, 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. XIV. NONDISCRIMINATION. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for • employment because of sex,age, race, color, creed,national origin,marital status, of the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to,the following:.employment advertising,layoff or termination,,rates of pay or other forms of compensation and selection for • training,including apprenticeship. • 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 sex, race,color,creed,national origin;age except minimum•age and retirement provisions,marital status or the presence of any sensory,mental or.physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreem-ent and • shall be grounds far cancellation, termination or suspension, in whole or in • part, of the Agreement by the CITY. XV.. 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. XVI. 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. XVII. NO CO-PARTNERSHIP OR AGENCY • This agreement shall not be construed so as to create a partnership,joint venture, erimploynient or other agency relationship between the parties hereto, except to such extent as may be specifically provided for herein. XVIII. SEVERA 3ILI`I Y 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. XIX. HEADINGS . • The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and forreference 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. XX. 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. • XXI. APPLICABLE LAW • This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State.ofIllinois.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. XXII. 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. • XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the'PROJECT. • XXIV. INTERFERENCE WITH PUBLIC & NTRACTING 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. XXV. 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; 0 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 Duman 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. 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. XXVII. NOTICES All notices,reports and documents required under this Agreement shallbe in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Anthony G.Malone,P.E. Senior'Manager K-Plus Engineering,Ltd. 1979 N. Mill Street,Suite 100 • Naperville,Illinois 60563 • • • • IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements.that have not been reduced to writing in this statement. For.the CITY: ATTEST: THE CITY OF ELGIN By By City Clerk Cs Manage . . (SEAL) • For the ENGINEER: Dated this 2"d day of O4 , A.D., 2006 . ATTEST: • • By SO By Secretary • esident • (SEAL) • • • AttachrnentFA • • 1. Meet with the City staff to-discuss the proposed scope of services and discuss various alternatives for non-destructive testing. 2. Review historical data as provided by the-City. Analyze the layout-of. the existing watermain system and determine where,soil borings should be obtained. Borings should be spaced' approximately 500 feet apart along the alignment The depth of the borings will be based_on the anticipated.depth of • the watermain based on the City's record drawings. A total of 25 borings is proposed as a part of this project. 3. Coordinate with J.U.L.I.E, and KDOT and obtain permits or permission necessary to enter access to drill the borings. The City will be requested to assist.the Engineer in gaining permission to enter access to the 16-inch main along the south property.line of the project area. It appears that access on to Property property will be required to perform this work. 4. Mark boring locations on the field and obtain surface elevations based on • benchmark provided by the City. 5. While drilling, soil samples will be collected from the top-of the watermain.to the bottom,of the watermain. Visual observations.will be recorded for the . entire:depth of the boring. . 6. Tests will be performed on the samples to determine the moisture content of the soil. 7. Perfmin-and record in-situ measurements of soil resistivity using the.Wenner four-pin method in,accordance with ASTM Standard Method G57-78. (1984) - at various locations along the existing pipe fine. The locations,will be based on the known location of the watermairr break, along areas of known high Water levels and as selected at various boring locations. • 8. Based on the results of the tests'and physical features, recommendations will be provided to the City staff as to where the watermain should'be uncovered for physical examination. It should be understood by the City staff that it is impossible to obtain an accurate condition of the pipe .through a visual • inspection, since pitting and holes may not always be at the locations,selected . for the excavations. If the City: wants a better idea of the thickness of the • waterrnaiu;:a plece.will need to be removed and Measured: .This will wire • ` the section of the watermain to be shut down and repaired.,If valves are not at the optimum locations, in-line plugs are one option to reduce the area impacted by the shutdown. One day of time has been included for this task. It is anticipated that 3 to 4 holes will be dug and backfilled during this time. 9. During excavations, the City has agreed to have a staff member. on site to verify that the contractor is operating with proper care so as to not damage the existing watermain as well as to aid in inspecting the exterior condition of the pipe. A minimum of one firehydrant and two services will be uncovered at the waterinain to document the conditions of these materials. 10. The contractor will be responsible for -properly backfilling the holes and restoring the disturbed area. The contractor will,sod the parkway where disturbed' and be responsible for watering the sod until it is established. In addition, a one year warranty will-be provided to repair any depressed areas due to settling of the areas excavated. 11. During the excavations, an experienced person will be on site to perform the following tasks: o Examine the pipe surface for evidence of pitting corrosion and, if found, measure the depth.of these pits and note their orientation on the pipe surface. o . Examine evidence of any pipe coating and qualitatitrely assess condition. o Note any anomalies in the metal's surface and describe situation and position of anomaly. o Note any presence of scale or bid-filmon the pipe surface. o Note any unusual soilibackfill conditions and obtain a sample of soil if the conditions ate atypical of surrounding conditions. • o Measure soil characteristics at the pipe surface .• Moisture content,oxygen content,permeability,resistivity,soil texture, drainage characteristics In addition, if required chloride, sulfate, and sulfite ion concentrations can be obtained through a third party lab as azn-additional service. 12. The results'of the bores, tests of the:soil samples and visual inspection of the watermain will be documented in a report and submitted to the City for review. This report will also include up to three.alternatives for reducing the likelihood of watermain breaks due to corrosion of the ductile iron and extending the life of the system. These alternatives may-include rriacement of portions of-the system or providing various methods of providing cathodic protection of the existing system. Opinions.of costs associated with'these . alternatives will also be included in the'report. . 13. Up to three meetings, including meeting descried in Item 1 above, with the City staff,-committees or City Council will be included in. this scope of services to discuss the project or the report. • • • • . • • p.ttrwnrttr't p - • October • bar • r -; bar Je ' • lid Mardi, . :,�'t'ue'IEMMEP+ ININ Se,timble_October Novemb T ID TiskName • Start Finish ' .8 E B M •E B M E B' E B M E B M' E B M 'E S I M E O M E S M E B M E ['� M E pOp[ M •1 Notice to Proceed Issued • 1 day Mon 18/30/06 Mon 10/30/08 • 2 Review Historical Date and Record Drawings 2 days • Tea 10/31/06 Wed 11/1100 3 Analyze the Layout for See Borings and Review with Clty 2 days. TLe 10131/08 Wad 11/1/06 ( - • 4 Coordinate with JULIE and KDOT tor Approved Boring 6 days Thu 11/2/06 Wed 11/8108 ji Locations(KOOT Permits could take 6 who if requested by • sty) 5 Mark Boring Locations and Obtain Surfer.Elevations 2 days This 1110/08 Fri 11/10/00 '' 8 Drill Borings at Approved locations,Log information and 8 days Mon 11/13/00 Fil 11/17106 - Collect Soil Samples.Stumble ble Samples end Describe by! Tetdwal System and Classify by the Unified Soil Clesslticallon System. . 1 Perform Moisture Content Tests on al Samples 3 deye Mon 11/20/08 Wed 1.1122106 B Prepare Qaotechnical Engineering Report 6 days Thu 11/23/00 Wed 11/28108 III) • . ..: .S . 9 Perform ASTM 667-78 Wenner 4-Pin Soil Testing In Field 1 day Mon 11113/08 Mon 11/13/06 10 Review all Data Obtained to Date and Recommend Locations 6 days Thu 11/30/06 Wad'12/8106 } ' m for Waterain Ekoavatlons - • . 11 At Approved Locations,Coordinate with JULIE 6 days Thu 12/7108 Wed 12/13106 - .0 • 12 Excavate VI/Carmelo and Components for Visual Inspection 1 day Thu 12/144/1 Thu 12/14106 ' • 13 Biddle Areas of Excavation end Restore Surface to 1 day• Mon 4/247 Mon 412/91 . I • Pr.-carobudlon Condition(Schedule assumes that the excavtlon wit be perfumed War sod can be obtained) . 14 Prepare a Report of InveStigaOon Including up to three 21 days Fit 12/16/00• Fri 1!12!07 . MEE . alternates for Increasing the life span of the existing water. • . • sole In the Area. - ' • •15 Review Report vrtrh City and maks minor modlacgfons 6 day! Man 1115101 Fri 1/18107 • - -•• • Project Westfield Business Park Was Task allWAIMIR Program. Summery Rdaad UP SpsIFT21,1: . Rolled Up Programs Project Summery Mein Invesegallon ' Date:Thu W7/06 SpilIFT21.1 Milestone • Rolled Up Task olvae .At' Rolled Up M6estone Q External Tasks :ffi Z+SS /3,6! PIP 1. • • Attachment C K Plus Engineering, LTD, BmLPNG RATE SCHEDULE • . (Rates effective January 1,2006 through December 31,2006) Description Hourly Rate Vice President/Director $141.00 • President/Principal $156.00 Senior Project Manager $132.00 Project Manager $126.00 Senior Resident Engineer V $122.00 Resident Engineer _ • $118.00 • Senior(Project)Engineer $116.00 _ Project Engineer/Assistant Resident Engineer $103.00 • Engineer 3 $91.00- Engineer 2 $88.00 Engineer 1 $82.00 Senior Technician . $86.00 Technician 3 $76.00. Technician 2/Cadd Tech $68.00 Technician 1 /Intern V $57.00 Administrative Assistant 2 V $57.00 Administrative Assistant 1 - $50.00 * time is charged portal to portal - • • • • • , Attachment D ' Westfield Business Park Water Main Investigation . City of Elgin. • V . Prepared September 6;2006 - List of Delivet'abie Units . - Estimated Deliverable Item Unit of Measure•• •• Quantity • K-Plus TSC John Ned C P Solutions Unit Cost Extended Cost Meet with City to obtain information and discuss proposed scope of . services.Discuss non-distructive options of testin.This task may require• u•to two meetln!s. Fee also includes •re•aration time Mllastone 1 $792.00 = $225.00 $1,017.00 $1.017.00 Review historical data and record drawings • , . Milestone 1 $1,352.00 • $300.00 $1,652.00 $1,652.00 Coordinate with J.U.L.I.E.and other utility companies and have utilities V $52800 $528.00 located in field Milestone 1 $528.00 . . TSC to Mark Boring Locations and Obtain Surface Elevations.Arrange for • • clearance of Underground Utilities V V Milestone 1 $0.00 $1,080.00, $1,080.00 $1,080.00 . Drill burin•s,to•.Information and collect soil sam•les Each Bonin. . 25 $0.00 $2 671.25 $106.85 • $2,671.25 Examine Samples and Described by a Textural System and Classify by . . V the Unified Soil Classification System - ' Each Sample 25 $0.00. $91.25 $3.65_ $91.25 Water Content Determination for Organic ancohesive Samples - d (Includes pocket penetrometer meaauremenfs of unconfined compressive $5.75 $143.75 stren•th for all inor!anic cla sam•les Each Sam•le 26 •$0.00 $143.75 Prepare geotechnical engineering report Milestone 1 $1,200,00 $1,200.00 $1,200.00, Perform ASTM 0357-78'Wenner 4-Pin Soil Testing In Field • Hours •4 $450.00 Make recommendations to City staff as to where exploratory excavations • should be made Milestone 1 $792.00 . $400.0p ' 150.00 $1,342.00, $1,342.00 Excavate 3 to 4 holes • Da ' • 1 $1,056.00 $18,650.00 $750.00 $20,356.00 $20,356.00 Analyze options based on findings Milestoni r 1 $1,056.00 $450.00 $1,506.00 $4,506.00 Prepare report documenting findings,describing alternatives and •rovidin•cost anal sis and makin' recommendation Milestone 1 • $10 288.00 $400.00 $300.00 $10 988.00 • $10,988.00 Meet with City to present report _ _ •Milestone $1,056.00 $1,056.00 1 $1 056.00 $1 727,62 • $1 727.82 Unknown Items . Milestone . 1 . $1 727.62. 1Q%Marku• of Subconsultants . : ' 1 $2 741.13 • ' Direct Expenses 1 $500.00 $250.00 $750.00 $760,00 Subtotals $21,888.75 • $5,98625 ` $18,550.00 $2,875.00 • - Total Cost , $48,300.00 • . . • . , • • • I if N August 7, 2008 z -� i TO: Mayor and Members of the City C ouncil FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Amendment No. 1 to Engineering Service Agreement with ESI Consultants for the Westfield Business Park Water Main Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the subject agreement with ESI Consultants to provide for the design of a water main relocation project at Route 20 and Shales Parkway. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to the Engineering Services Agreement with ESI Consultants for the Westfield Business Park Water Main Project in the amount of$22,550 and authorize the City Manager to execute the necessary documents. BACKGROUND The Illinois Department of Transportation (IDOT) notified the City that existing City water main in the area of US Route 20 at Shales Parkway was in conflict with the proposed retaining walls being built as part of its intersection improvement project. Staff was in discussion with IDOT on the issue when the announcement was made that the project was being delayed until 2009. Then in late April, we were contacted again with the news that IDOT was still going to proceed with some of the earthwork on the project and that the bid was scheduled for a June letting. The relocation of the water main was an issue again. In searching for ways to expedite the design and bidding of the relocation, staff approached ESI Consultants about doing the work. ESI, formerly doing business as K-Plus Consultants, is under contract with the City to investigate the condition of the water main in the Westfield Business Park and design the repair or replacement of it. Because of the results of the investigation were not conclusive, the design phase has not moved forward. ESI provided the requested proposal which is the basis for the amendment and has been working with us on the project. 4 Amendment No. 1 to Agreement with ESI Consultants August 7, 2008 Page 2 Amendment No. 1 (attached) is for the design of and assistance with bidding a project to replace water main at two locations within the project. On Route 20 immediately west of the railroad bridge, approximately nine hundred feet of existing water main must be replaced on the north side of Route 20 and approximately eight hundred and forty feet on the south side. This water main will be buried in the new embankment being built and would be inaccessible for maintenance. With the widening of Bluff City Boulevard (the south leg of the intersection), approximately 1,150 feet of existing water main will be under the new pavement. IDOT does not allow utilities under the pavement so this water main must also be relocated. The work to be provided by ESI includes field surveying to tie down utility locations on the IDOT plan, relocation plans and specifications for the water main, and permits and bidding assistance. The cost of ESI's services on the Route 20 water main work is $10,200 and on the Bluff City Boulevard work is $12,350, for a total of$22,550. Recent meetings with IDOT have resulted in the conclusion that the actual relocation of the water main will take place after November 15th, when the new retaining walls and embankments are complete and the roadway project is shut down for the winter. The estimated cost of the construction is $414,000 on Route 20 and $278,000 on Bluff City Boulevard. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of Amendment No. 1 with ESI Consultants is $22,550. There were no monies budgeted for this project in 2008 or the 2008-2012 Financial Plan. Funding for the amendment could be transferred from the water portion of the 2005 General Obligation Bond Fund, account number 365-4000-795.92-41, "Distribution System", project number 409666, "Westfield Business Park Water Main" where $1 00,000 was budgeted and $50,700 available. No monies have been budgeted in the 2008-2012 Financial Plan for the construction costs associated with this project, estimated at $692,000. Should the City Council decide to move forward with the construction phase of the project, an already existing project would need to be identified to provide sufficient funding to award a contract. LEGAL IMPACT None Amendment No. 1 to Agreement with ESI Consultants August 7, 2008 Page 3 ALTERNATIVES 1. The City Council may choose to approve Amendment No.1 to the agreement with ESI Consultants in the amount of$22,550, as recommended. 2. The City Council may choose not to approve Amendment No. 1 to the agreement with ESI Consultants. Respectfully submitted for Council consideration. JL Attachment