===== PDF PAGE 15 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: r AGENDA ITEM NUMBER: 4 ~ Resolution No. 24-R-0010 - 2023 General Professional COMMITTEE AGENDA DATE: February 1, 2024 Engineering Services - Thomas Engineering Group, LLC - COUNCIL AGENDA DATE: February s, 2024 Amendment No. 1 in the amount not to exceed $90,747.47 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE MJc\ b__ SIGNATURE_________ _APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman ITEM SUMMARY: On August 21, 2017, the City Council approved Resolution No. 17-R-0048 for General Professional Engineering Services from FY 2018 through FY 2027 with Thomas Engineering Group, LLC (TEG) for a total general contract amount not to exceed $9,926, 138.00, which includes an amount not to exceed $1,004,735.14 for FY 2023. TEG's service scope includes various design and construction engineering assignments for roadway reconstruction, underground utility improvements, roadway resurfacing, various maintenance projects such as pavement markings, sidewalk and curb & gutter replacement, sidewalk saw cutting, pavement preservation, and various engineering duties as assigned by the City. TEG also assists the City with grant application and administration processes for the Surface Transportation Program (STP) and Community Development Block Grant (CDBG) grant programs. Furthermore, TEG represents the City through various correspondence with the State, County, Local Agencies, and the DuPage Mayors and Managers Conference (DMMC) as well as utility permit reviews. In FY 2023, the City underwent extensive infrastructure improvement efforts in both design and construction phases. TEG staff played a significant role in assisting the City with the aforementioned engineering services, including providing construction engineering for infrastructure projects amounting to approximately $4.5 Million. TEG also assisted the City with various grant (e.g. STP and CDBG) applications and its administration processes. Furthermore, TEG provide<;! various design engineering throughout the year in 2023, which included upcoming projects such as the 2024 Harvester Road Reconstruction Project, 2024 Roadway Rehabilitation Project, 2024 Conde Street Resurfacing Project, and Town Road Reconstruction Project, including various other engineering- related services as assigned by staff. For FY 2023, the City approved Purchase Order No. 00100575 for TEG in an amount not to exceed $1,004,735.14. TEG's total invoiced amount for 2023 totaled $1,095,482.61, which represents an increase of $90,747.47. Staff recommends approval of Amendment No. 1 in the amount of $90,747.47 and increasing the final purchase order in the amount not to exceed $1,095,482.61. The overage will be charged to 08-34-53-4225, which will be supplemented by additional available fund balance in Account No. 08-34-53-4807. ACTIONS PROPOSED: Approve Resolution No. 24-R-0010 authorizing Amendment No. 1 with Thomas Engineering Group, LLC for General Professional Engineering Services for FY2023 in an amount not to exceed $90,747.47 COMMITTEE RECOMMENDATION: ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] RESOLUTION NO. 24-R-0010 A RESOLUTION AUTHORIZING AMENDMENT NO. 1 WITH THOMAS ENGINEERING GROUP, LLC FOR GENERAL PROFESSIONAL ENGINEERING SERVICES FOR FY2023 IN AN AMOUNT NOT TO EXCEED $90,747.49 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute Amendment No. 1 with Thomas Engineering Group, LLC for General Professional Engineering Services for FY2023 in an amount not to exceed $90,747.49, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 5th day of February 2024. AYES: NAYES: ABSTAIN: ABSENT: Mayor, Ruben Pineda ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] th~mas. January 24, 2024 englneerln group s e r v I c e a t t h e h I g h e s t g r a d e. 762 shorellne driveMr. Mehul T. Patel, P.E., CFM sulle 200 Directm of Public Works aurora, llllnols 60504 City of West Chicago 1400 Hawthorne Lane West Chicago, IL 60185 Re: Professional Engineering Services for 2018-2027 General Contract Year #6 (Fiscal Year 2023) Amendment No. 1 Dear Mr. Patel: Thomas Engineering Group, LLC (TEG) performed additional professional engineering services related to Year #6 (FY 2023) of the Professional Engineering Services for 2018-2027 General Contract, between the City of West Chicago (City) and TEG. This Amendment is based on additional efforts required to complete additional services as directed by the City. The amount of the requested change is summarized below: ORIGINAL YEAR #6 NOT TO EXCEED VALUE: $ 1,004,735.14 AMENDMENT NO. 1: $ 90,747.47 AMENDED YEAR #6 VALUE: $ 1,095,482.61 TEG respectfully asks for the City's consideration to authorize approval of Amendment No. 1 beyond the not to exceed amount for the Year #6 contract term. If you have any questions or require additional information, please call me at (847) 815-9500 or by e-mail at kevinv@thomas-engineering.com. AUTHORIZE APPROVAL OF AMENDMENT NO. 1 BY: Ruben Pineda, Mayor TITLE: Valeria Perez, Executive Office Manager (SEAL) ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] th~l!)OS. englneerln _ group s e r v I c e a t t h e h I g h e s I g r a d e 0 7 62 shoreline drive suite 200 aurora, illinois 60504 December 18, 2023 Mr. Dave M. Shah, P.E. Assistant Director of Public Works City of West Chicago 1400 W. Hawthorne Lane West Chicago, IL 60185 Re: Professional Engineering Services for 2018-2027 General Contract November 2023 Invoice Dear Mr. Shah: Thomas Engineering Group, LLC. has provided professional engineering services for the above referenced project from November 1, 2023, through November 30, 2023. We respectfully submit the attached final invoice for this work. TEG understands that Resolution No. 17-R-0048 authorized the Mayor to execute a Professional Services Agreement (PSA) between the City and TEG, for an amount not to exceed (NTE) $9,926,138.00, for professional engineering services to be provided by TEG as deemed appropriate by the City during FY2018 through FY2027. By Resolution, the total PSA NTE value of $9,926,138.00 cannot be exceeded without approval (i.e., Change Order) from City Council. TEG also understands that the total ten-year NTE contract value of $9,926,138.00 was derived fi:om annual NTE default values listed within Exhibit C of the PSA. These annual NTE default values were established based on a workload anticipated during FY2018 and held through FY2027. While the total PSA NTE value cannot be increased without City Council approval, the annual default values can be adjusted if negotiated by November 1st of each year. Year 6 contract term, for services between January 1, 2023 and December 31, 2023, defaulted to a NTE value of $1,004,735.14 since the amount was not renegotiated prior to November 1, 2022. Based on City budget and forecasted project schedules established in late 2022 for FY2023, TEG felt comfortable with the PSA default NTE value for Year 6. The attached invoice for the month of November 2023, represents actual hours worked and services rendered to provide engineering services as directed by the City between November 1, 2023 and November 30, 2023. With this invoice, the amount of services rendered by TEG through November 30, 2023, to date exceeds the annual defaultNTE value for Year 6 (i.e., $1,004,735.14) by $66,836.16. TEG's invoice for services provided during December 2023, is anticipated to be approximately $25,000.00 to $30,000.00, for an anticipated exceedance of Year 6 default NTE value of approximately $95,000.00. However, this value remains less than the total annual NTE default value savings in Years 1 through Year 5, which is $161,539.33. Therefore, TEG hereby requests compensation for all ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] November 2023 Invoice, Page 2 additional services provided during November and December 2023, that were not foreseen prior to the November 1, 2022, contract negotiations date. Between November 1, 2022 and November 1, 2023, the following duties were assigned, which altered the amount of work deemed necessary. 1. The design schedule and funding type for the Harvester Road Reconstruction Project was altered, resulting in additional time and effort between January 1, 2023 and December 31, 2023. TEG's original design schedule, based on discussions held in late 2022, assumed a design deadline and bid opening in spring 2024 to allow for construction in FY 2024, while balancing the available professional service hours with other priority tasks in the given contract term for 2023. TEG was informed by the City in January 2023 that it preferred to advance the bid opening from spring 2024 to a date between November 2023 and January 2024 for optimal bid prices. TEG worked in good faith to advance the work in an effort to meet the City's deadline. In addition, it was TEG's understanding that the project was originally intended to be funded with local funds only. During a progress meeting in October 2023, TEG was informed by the City that it intended on applying REBUILD Illinois bond (RBI) funds to the project, thus requiring that IDOT Departmental processes for Motor Fuel Tax (MFT), as administered through IDOT Bureau of Local Roads and Streets (BLRS), be followed. Following the IDOT Departmental processes for MFT funding resulted in additional time and effort to change developed plans and bid documents to comply with IDOT submittal requirements and coordinate the bid documents through the BLRS. Both alterations to this project, design schedule and funding type, occurred after the fee negotiation deadline for the Year 6 contract term. TEG respectfully requests the City's consideration to amend the Professional Services Agreement to compensate TEG for additional efforts provided to meet the accelerated design schedule and to coordinate RBI funding on behalf of the City. 2. The frequency for the STP Local Fund is every two (2) years. In all prior application cycles, the Call for Projects opened and closed in even years (i.e., 2020, 2022, etc.) between January and March, respectively. Therefore, having completed STP applications for the City in early 2022, TEG did not anticipate performing a similar task in FY2023. However, the funding cycle for the DuPage Mayors and Managers Conference (DMMC) Surface Transportation Program (STP) Local Fund was advanced in 2023. In October 2023, the City asked TEG to prepare two (2) STP applications prior to the newly established deadline of December 15, 2023. TEG performed these services as requested, resulting in the hours occurring in the Year 6 contract term instead of the anticipated Year 7 contract term. TEG respectfully requests the City's consideration to amend the Professional Services Agreement to compensate TEG for additional efforts provided to apply for STP Local Funds on behalf of the City. 3. TEG provided Phase II design and Phase III construction engineering services for the City's Sophia Street Area Water Main and Streets Rehabilitation Project and the Fair Meadows Subdivision Rehabilitation Project. Each project was funded in part by Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) funding administered through the DuPage County Community Development Commission (CDC). Based on developments in the work and inefficiency of project partners, TEG spent additional time as the City's liaison pursuing the County approval of bid documents and reimbursement requests. While TEG has a great working relationship with CDC staff and extensive knowledge of CDBG program requirements and expectations, the County has undergone changes resulting in new HUD documentation ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] November 2023 Invoice, Page 3 requirements for both the City and the project's subcontractors. A new CDC Planner was assigned by the County for both these projects, who had no prior experience with CDBG funding. These new requirements and County inefficiencies resulted in additional time by TEG's CDBG Specialist, Doug Masters, who fulfilled the additional requirements and worked with new County staff to gain approval and release ofCDBG funds for both projects. TEG respectfully requests the City's consideration to amend the Professional Services Agreement to compensate TEG for additional efforts provided to obtain CDBG funds on behalf of the City. 4. As requested by the City, TEG prepared new Construction Details and updated existing Engineering Standards for inclusion in future engineering contract documents, resulting in staff time directly related to addressing comments and preparing CAD drawings for the detailed drawings. This task was not previously anticipated for Year 6 contract term. Therefore, TEG respectfully requests the City's consideration to amend the Professional Services Agreement to compensate TEG for additional efforts provided to prepare new Construction Details and update existing Engineering Standards on behalf of the City. 5. Finally, as mentioned above, TEG's invoice for services provided during December 2023, is anticipated to be approximately $25,000.00 to $30,000.00. TEG respectfully requests the City's consideration to amend the Professional Services Agreement to compensate TEG for additional efforts provided during the month of December 2023. Based on these reasons, TEG respectfully asks for the City's consideration to authorize TEG's invoice for an amount beyond the not to exceed amount for the Year 6 contract term. Additional work was unforeseen by November l, 2022 for FY2023. To date, TEG continues to work in good faith to perform various engineering tasks and duties as assigned without delay to the City's assigned bid advertisement dates and related deadlines. Please note that payment for this invoice should be sent to: Commercial Funding Inc., PO Box 207527, Dallas, TX 75320-7527. If you have any questions or require additional information, please call or e-mail at kevinv@thomas- engineering.com. Sincerely, thomas engineering group, lie ~ ~- Kevin C. VanDeWoestyne, P.E., ENV SP Municipal Department Head Enclosures cc: Douglas M. Masters, Senior Project Manager