13-44 Resolution No. 13-44
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2
WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN
CONNECTION WITH THE N. COMMONWEALTH AND DEMMOND SANITARY
SEWER ENGINEERING ANALYSIS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute amendment agreement no. 2 on behalf of the City of Elgin with Engineering
Enterprises,Inc. for engineering services in connection with the N. Commonwealth and Demmond
Sanitary Sewer Engineering Analysis Project, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 6, 2013
Adopted: March 6, 2013
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
i=
AMENDMENT AGREEMENT No. 2
THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this 6th
day of March , 2013, 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 January 12, 2011 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the
City engaged the Engineer to furnish certain professional services in connection with the N.
Commonwealth and Demmond Sanitary Sewer Engineering Analysis (hereinafter referred to as
the "Project''); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend
Original Agreement; and
WHEREAS, the City has determined that the proposed scope of the Project should be
modified to include Supplemental Engineering Services (hereinafter referred to as
"Supplemental Services"); and
WHEREAS, the Original Agreement provided for a maximum payment of$178,996.00;
and
WHEREAS, the parties hereto have previously determined and agreed that the total
maximum payment for the Supplemental Services described in the previously approved
Amendment Agreement No. 1 was in the amount of$30,247.00; and
WHEREAS, the Original Agreement as amended by Amendment Agreement No. I
provided for a total amount of$209,243; and
WHEREAS, the parties have determined and agree that the total maximum payment for
the Supplemental Services described in this Amendment Agreement No. 2 shall be in the amount
of$34,600, and
WHEREAS, the Original Agreement, as amended by Amendment Agreement No. 1 and
this Amendment Agreement No. 2, will provide for a total amount of$243,843; and
WHEREAS, the circumstances necessitating the change in performance contemplated by
this amendment were not reasonably foreseeable at the time Original Agreement was signed; the
change contemplated by this Amendment Agreement No. 2 is germane to the Original
Agreement as signed; and this Amendment Agreement No. 2 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 mutually acknowledged, the parties hereto agree as follows:
1
1. The above recitals are incorporated into and-made a part of this agreement as if fully
recited hereby.
2. That Section 1 of the Original Agreement is hereby further amended by adding the
following additional provision to subparagraph B to read as follows:
"The Engineer shall also provide Supplemental Services for the Project as
summarized and detailed in the cover letter and Attachment A-I consistent
with City requirements."
3. That Section 1 of the Original Agreement is hereby further amended by adding the
following additional provision to subparagraph C to read as follows:
"C. Engineer shall furnish Supplemental Services for the Project as
outlined herein and detailed in the cover letter and Attachment A-L"
4. That Section 2 of the Original Agreement is hereby further amended by adding the
following to the end of Subparagraph B:
"B. Engineer shall provide Supplemental Services in accordance with
the schedule outlined in the previously approved Amendment Agreement
No. L"
5. That Section 4 of the Original Agreement is hereby further amended by adding the
following additional paragraph thereto to read as follows:
"For services described in Attachments A-1 to be provided by the
Engineer pursuant to Amendment Agreement No. 2, Engineer shall be
paid at an hourly rate for the classifications of personnel who perform
work on this Project in the total amount of $34,600, with a total fee as
amended by Amendment Agreement Nos. 1 and 2 of$243,843, regardless
of the actual time or actual costs incurred by the Engineer unless
substantial modifications to the Scope of Work are authorized in writing
by the City. The detailed basis of the additional fee associated with
Amendment Agreement No. 2 is included in Attachment A-1 and is based
on hourly rates of personnel utilized. The attached Standard Schedule of
Charges dated January 201 1 will be utilized for this Project."
6. That except as amended in Amendment Agreement No. 1 and in this Amendment
Agreement No. 2, the Original Agreement shall remain in full force and effect.
7. That in the event of any conflict between the terms of the Original Agreement or
Amendment Agreement No. 1, and the provisions in this Amendment Agreement No. 2,
the provisions of this Amendment Agreement No. 2 shall control.
2
I
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement as of the date and year first Written above.
CITY OF ELG CONSULTANT
By: By: //�
My'Manager Its Vice-President -J,
Attest: / Att t:
�%GGw
A�
City Clerk Its Secre a y
FALegal Dept\Agreement\Engineering Enterprises-N Commonwealth Demmond Sanitary-WAC-clean2-22-13.docx
3
I
�Eraginaerlrag ATTACHMENTA•1: LEVEL OF EFFORT AND ASSOCIATED COST ID.
Ervtarparisas. PROFESSIONAL ENGINEERING SERVICES
Onc_ ELGIN
N.COMMONWEALTH AND DEMMOND SANITARY SEWER ANALYSIS
City of Elgin,IL
AMENDMENT NO.2
1/16/13
ENTITY: EEI SSE WORN
PRINCIPAL ITEM COST
WORK PROJECT ROLE: IN PROJECT LEAD LEAD SURVEYING SURVEY GIs FIELD HOUR PER
ITEM CHARGE MANAGER ANALYST ANALYSTI ANALYST MODELER MODELER MANAGER CREW" ANALYST ADMIN. WORK SUMM. ITEM
NO. WORK ITEM HOURLY RATE: $162 $102 $162 $138 $120 $138 $117 $138 $100 $108 $78
s 1.2 ]Progress Meetings•One Additional Pro'ecl Meelin 4 4 8 18 $ 2,400
Project Management&Project Facilitetlon Subtotal: 4 4 8 - $0 18 E „400
SURVEYING,III CHARACTERIZATION&SSES FIELD WORK
F==Contluct Resin Surve in 31 40 10 87 E 10,008
Surve ng,II C rector 7At on&SS ES e or Su ota: 3 0 18 0 B 0,00
IF 3.14 Develo implementation Plan $
Ill Analysis Subtotal: o
SANITARY SEWER MODELING I
4.4 Calibrate Matlel With Fioltl Work Rosulls 2 24 20 E 3 838
4.$ Conduct Flow Simulations With Rehabilitation Improvements 2 24 26 E 3 838
4.8 lQuantify Protection Levels For Rehabilitation Efforts 2 10 12 E 1,704
San ry Sewer Modeling Su tote: - 88 - 8 8,9 8
STORMWATER MODELING 4.1 Con5WC1 EAstin Conditions Storm Sewer Model 8 24 4 34 $ 4 716
4.4 Conduct Flow Simulations With Rehabilitation Improvements 6 18 2211$ 3,180
Stormwater Modelin Subtotal• - 12 40 - 4 so 1 561 7,898
REPORTING&PRESENTATION
6.1 Devela Dm0 Re n 8 Submll To City Staff For Review 2 16 8 26 E 3 396
6.2 Pre are Dm0 Presentation 2 6 8 10 E 2,018
0 421$Re orting&Prosenta : ,412
a o
Notes LABOR SUMMARY
"Survey Crew hourly rote is 1R of 2 Men Field Crew with Standard Su may Equipment Printing $ Engineering Expenses= $ 22 524
Su lies&M.-_ $ S-2”in Ex e - E B 278
Sewer System Evaluations SSE Foes= $ GIS Tochnician Ex ensn os= $ 3,888
DIRECT EXPENSES $ Administrative Expenses= $
TOTAL LABOR EXPENSES 34,690
e s p
•T l
w „ January 16, 2013
Mr. Colby Basham
Public Works Utility Superintendent
City of Elgin
150 Dexter Court
Elgin, IL 60120
Re: N. Commonwealth and Demmond Storm and Sanitary
Sewer Basin Survey Project Fee Amendment No. 2
City of Elgin, IL
Dear Colby:
As we move through the final review of the N. Commonwealth and Demmond Storm and Sanitary
Sewer Basin Survey report, we also have completed a more exhaustive review of our scope and
resulting fees for the project. As discussed, the level of effort for some project tasks was higher than
originally budgeted. Consequently, we needed to expend additional hours on certain tasks, which
resulted in higher costs logged to the project.
The four areas where our level of effort was higher than the amount of hours budgeted for the project
were: 1) land surveying 2) existing N. Commonwealth and Demmond basin storm sewer network
reconnaissance, modeling and documentation, 3) proposed north storm sewer outfall reconnaissance,
modeling and documentation, and 4) sanitary sewer modeling and documentation. A description of the
added level of effort follows.
As you may recall, just prior to the land surveying phase of the project, the Elgin area received a
significant amount of snow. The rather large amount of snow accumulation made it difficult to locate all
of the structures, and reduced the efficiency of our field crews. The additional amount of time that was
needed to complete the land surveying services required for the project added $10,000 in additional
cost to the project.
Due to the fact that the City's existing GIS database did not reflect portions of the existing storm sewer
network correctly, additional field reconnaissance was required to properly locate all of the pipes
tributary to the basin network. Additional storm sewer modeling effort also was required to properly
replicate the complex stormwater conveyance at the existing basin outfall, as well. The additional
amount of time needed to complete the existing basin storm sewer reconnaissance, modeling and
documentation added $6,600 in unbudgeted costs to the project.
The analysis determined that a new high capacity storm sewer needed to be part of the solution to
reduce the level of 1i1 within the sanitary sewer network. The most cost-effective route was determined
to include a conveyance route to the north. The existing storm sewer network to the north was not well
•1;io i e ® Aso • // • 1 •• • 0 - s e
ti
Mr. Colby Basham
January 16, 2013
Page 2
defined within the City's existing GIS database. Additional reconnaissance was required to establish
the stormwater structure and pipe sizes along the route. More detailed modeling was required to
confirm the existing storm sewer pipe network to the north could effectively convey the additional
stormwater from the N. Commonwealth & Demmond Basin area. The additional amount of time
needed to complete the proposed north storm sewer outfall reconnaissance, modeling and
documentation added $6,000 in unbudgeted costs to the project.
The complex geology and consequently complex groundwater hydrology within the basin proved to be
a challenge to characterize in the sanitary sewer model. The existence of the "sand and gravel bowl"
within portions of the basin, but not others was unpredictable when establishing the level of effort for
the sanitary sewer modeling. An additional level of effort was required to quantify the hydrology of the
presumed perched aquifer and interaction with the adjacent sanitary sewer pipe network for the multiple
storm events modeled. It was imperative that this interaction be quantified to be able to have
confidence in the protection levels calculated with the proposed improvements. The additional amount
of time needed to complete the sanitary sewer modeling and documentation added $12,000 in
unbudgeted costs to the project.
For the reasons stated above, we are requesting a contract amendment in the amount of$34,600. We
have completed and attached an Amendment Agreement No. 2. Please note we have provided a
detailed summary of the additional level of effort associated with the project work items as part of the
Amendment Agreement No. 2 package. We appreciate your consideration of granting our request.
If you have any questions or require any additional information please do not hesitate to contact me.
Respectfully Submitted,
ENGINEERING ENTERPRISES, INC.
Jeffrey W. Freeman, P.E., CFM, LEED AP
Vice President
JWF/arf
PC: BPS, TV\T, DMT— EE
\\Milkyway\EEI_Storage\Docs\Public\Elgin\2010\EG1011 N.Commonwealth and Demmond Sanhary Sewer Analysis\Engineering Agreemant%mendment No.ZLbasham0l-
amendment02.dou