===== PDF PAGE 58 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: t E\ Lf Resolution No. 26-R-0004 - Engineering Enterprises, Inc. - Professional Construction Engineering S~rvices for Lead COMMITTEE AGENDA DATE: February 5, 2026 COUNCIL AGENDA DATE: February 17, 2026Service Line Replacement Project - Phase B in an Amount Not to Exceed $397,100.00 • STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE __________ _ I I' APPROVED BY INTERIM CITY ADMINISTRATOR: Tia Messina SIGNATURE _________ _ I ' ITEM SUMMARY: The Lead Service Line Replacement and Public Notification Act, that became effective on January 1, 2022, requires the City of West Chicago to develop, implement, and maintain a comprehensive Water Service Line (WSL) Inventory and a Lead Service Line Replacement (LSLR) Plan. On April 15, 2024, the City completed its WSL inventory based on the best available information and submitted to the Illinois Environmental Protection Agency (IEPA). The Initial LSLR Plan was submitted to the IEPA on May 7, 2024, with annual updates in 2025 and 2026. The Final LSLR Plan is due before April 15, 2027. Based on the Initial LSLR Plan, the City has approximately 797 lead water service lines within the City limits. 'staff anticipated completing the LSLR project in multiple phases. 'The City has been working on the Lead Service Line Replacement Project with Engineering Enterprises, Inc. (EEi) since 2023. EEi prepared two Funding Nomination Forms (FNF) for the loan applications to the Illinois Public Water Supply Loan Program (PWSLP). FNF-1 (L 17-7215) included 375 LSLR in Phase A at an estimated cost of $7,745,000. FNF-2 (L 17-7216) included 321 LSLR in Phase Bat an estimated cost of $6,700,000. During this , process, it was estimated that approximately 100 LSLR will take place as part of the other capital projects such as the Downtown Modernization and Beautification Project, York Ave Area CDBG Project, etc. Neither L 17-7215 (200 out of 400) or L 17-7216 (145 out of 400) made it to the Intended Funding List (IFL) for the FY2026 PWSLP as funds were exhausted much earlier than expected due to higher demand and increased number of applications. However, both L 17-7215 and L 17-7216 are eligible to apply for the Bypass Funds through the PWSLP, which are , awarded on a first come first serve basis until the Bypass Funds are exhausted. Another key point is that Bypas~ , , • Funded applications are not eligible for any principal forgiveness. Staff is anticipating that demand for PWSLP will I remain elevated for FY2027. As such, staff is recommending the City to pursue Bypass Funds for L 17-7216 and re- apply for L 17-7215 in FY2027. Both L 17-7215 and L 17-7216 include the cost of construction and construction engineering to be funded through , the PWSLP. The design engineering costs are funded through the Water Fund. For the construction cost to be eligible for the PWSLP, a contract must be in place. Based on its knowledge and experience of similar services. provided in other communities, staff solicited a proposal from EEi for the construction engineering services related to the L 17-7216 (321 LSLR). EEi's scope of work will include project management, shop drawing review, resident notification during construction, prepare pay estimates, change orders, IEPA loan disbursement requests, construction observation and documentation. The City will be responsible for preparation, coordination and obtaining Temporary Construction Easements,(TCE) from residents. EEi's proposal for this task is $397,100.00, .which equates to 5.9% of estimated construction cost of $6,700,000.00, Construction engineering costs for locally funded projects generally equate to 7-9% of construction cost. This is an unbudgeted item in FY2026; however, sil")ce this is an eligible cost through the PWSLP, invoices will be paid after disbursement is received from the IEPA. Should the City be unsuccessful in obtaining the Bypass Funds, this agreement will not move forward. • ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO ACTIONS PROPOSED: Approve Resolution No. 26-R-0004 authorizing the Mayor to execute a contract with Engineering Enterprises, Inc. of Sugar Grove, Illinois, for professional construction engineering services related to the Lead Service Line ' Replacement Project- Phase Bin an amount not to exceed $397,100.00. COMMITTEE RECOMMENDATION: t I I : < I ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0004 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ENGINEERING ENTERPRISES, INC. OF SUGAR GROVE, IL FOR PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACEMENT PROJECT - PHASE BIN AN AMOUNT NOT TO EXCEED $397,100.00. 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 a Contract with Engineering Enterprises, Inc. of Sugar Grove, IL for professional construction engineering services related to the Lead Service Line Replacement Project - Phase B in an amount not to exceed $397,100.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 17th day of February 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor, Daniel Bovey ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. I • ' ' ' 52 Wheeler Road, Su~ar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com • I January 15, 2026 '' Mr. Mehul Patel, P.E., CFM Director of Public Works City of West Chicago 1400 Hawthorn Lane West Chicago, IL 60185 Re: LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 CONSTRUCTION ENGINEERING City of West Chicago, DuPage County, IL Dear Mr. Patel: ' I .Enclosed for your review and consideration are two copies of our proposed agreement for the subject project. The attached agreement includes a detailed scope of services and estimate of level of effort and associated cost for the project. We are proposing to provide our professional engineering services for a time and expense amount of $397,100 (Not to Exceed). We look forward to working with you and members of your staff on this project. If you have any questions or require any additional information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC . • Stephen T Dennison, P.E Vice President VH/STD I • ' I ' Enclosures pc: STD, VH, ARS, DMT - EEi (Via E-mail) I I OUTSTANDl~G SERVICE· EVERY CLIENT• EVERY DAY ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 CONSTRUCTION ENGINEERING Agreement for Professional Services Lead Service Line Replacement Program - Year 1 Construction Engineering , , THIS AGREEMENT, by and between the City of West Chicago, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or "ENGINEER" agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the Village as indicated on the included Attachment B. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non-terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the Village prior tq termination. C. Compensation and maximum amounts due to Contractor: Contractor shall receive as compensation for all work and services to be performed herein I I an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment D. The professional engineering services will be paid for as a not to exceed fee in the amount of $397,100. All payments will be made accordingly to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the Village. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the Village. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the • I PAGE 1 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 CONSTRUCTION ENGINEERING Village. The Village agrees not to modify any original documents produced by Contractor without contractors consent. Motlifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ' I IENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane County, Illinois. I I G. Independent Contractor: 1. Contractor shall have sole control over the manner and means of providing the work and services performed under this, agreement. The Village's relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the Village for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have peqTiission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or ', ' attempted bribery of an offic~r or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of • I any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). • Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a resul,t of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/l:tE or similar law of another state. ',, 1• Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees I •certify and agree to take steps to ensure a drug free workplace by informing employees of • I I PAGE 2 I t I I ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 CONSTRUCTION I I ENGINEERING the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of. Human Rights Rul~s is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). I I Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the Village under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the Village and the Illinois Auditor I I I • I General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and .. reporting federal income taxes.) The Contractor certifies that he/she is a:, _x_ United States Citizen _ Resident Alien _ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): _ Individual _ Real Estate Agent _ Sole Proprietorship _ Government Entity _ Partnership _ J'ax Exempt Organization PAGE 3 ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] I I CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 CONSTRUCTION ENGINEERING (IRC 501 (a) only) JL Corporation _ Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the Village and Village's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or I Idestruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or it~ Subcontractors of any employee of any of them. In the event that the either party s.hall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. ' ' J. Schedule: I' Contractor agrees to complete the project in accordance with the schedule summarized within Attachment C. K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the Attachments. Except for those terms included on the Attachments, no additional terms are included as a part of this agreem~nt. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Anticipated Project Schedule ' l Attachment D: Estimated Level of Effort and Associated Cost Attachment E: /EPA Contract Requirements t I Attachment F: Standard Schedule of Charges PAGE4 ' . ' ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROG~AM - YEAR 1 CONSTRUCTION ENGINEERING I ' ' L. Notices: All notices required to be given under the terms of• this agreement shall be given mail, addressed to the parties as follows: For the City of West Chicago: For the Engineer: Director of Public Works Engineering Enterprises, Inc. 475 Main Street 52 Wheeler Road West Chicago, IL 60185 Sugar Grove Illinois 60554 Either of the parties may designate in writing from time to time substitute addresses or 'I persons in connection with required notices. Agreed to this _ day of ____ , 2026. City of West Chicago: Engineering Enterprises, Inc.: I ' ' ~ .T.~ Title: Daniel Bovey, Mayor Viceesident Attest: Attest: Title: Valeria Perez, Executive Office Manager Project Manager I I t I PAGE 5 ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. FEBRUARY 2024 ' ' ' I ATTACHMENT A: STANDARD TERMS AND CONDITIONS '. Agreement: These Standa.rd Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEi) (hereinafter "Agreement;, and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person ~t the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER'S consideration of a component does not constitute acceptance of the assembled items. I I The ENGINEER'S site observation during construction shall be at the limes agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ,ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor's methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER'S opinion of probable construction costs. Coples of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by"ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Condltlcms: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or I I known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of ',. risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. I • In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: I ,(i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove theHazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER ,. agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. PAGE 1 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. FEBRUARY 2024 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential dama'ges arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred • I from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; ' I 'I I (c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreell)ent was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force I I majeure. For purposes of this Agreement, "force majeure" shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. ' Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall ii affect the enforceability of that provision or of the remainder' of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses'including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEi makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. I I PAGE 2 ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] Attachment B - Scope of Services Page 1 of 2 ATTACHMENT 8 SCOPE OF SERVICES LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 1 IMPROVEMENTS - CONSTRUCTION ENGINEERING City of West Chicago, IL The City of West Chicago Water Works System currently includes a number of residential lead service lines (LSL), which connect the City's water distribution system to residential properties within the community. The City has begun implementing a multi-year lead service line replacement program utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has an approved Drinking Water Project Plan. The City is seeking to proceed with Year 1 of the loan program, which includes construction engineering. The Year 1 Improvements and the scope of the Construction Engineering services herein assume up to 321 Lead Service Line Replacements. EEi's proposed scope of service items are as follows: CONSTRUCTION ENGINEERING 3.1 Project Management and 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 (Submittals) • Preparation of Resident Notifications (3 Total - English and Spanish) o Overall Project Information and General Schedule (Mailed by City) o Notice of Service Replacement (Mailed by City) o Restoration and Flushing Guidelines (Hand-Delivered After Replacement) • Weekly Onsite Resident Engineer and Contractor Meetings • Project Manager Attendance of Field Meetings; Maximum of 15 Meetings Total • Prepare Pay Estimates (Estimated 15 each); IEPA Disbursement Requests (Estimated 15 each); and Change Orders (Estimated 4 each) • IEPA Project Closeout 3.2 Observation and Documentation • Home Assessment with Contractor; Includes Photo Management • Construction Observation, Including: o Quantity Tracking, Documentation and Daily Field Reports (E-Mail) • GIS On-Line Data Management Using Field Maps • On-Site Meetings with City as needed • Punch Walks and Letters (4 each) EXCLUSIONS The above scope of services excludes the following: • Attendance/Updates at City Council Meetings • Construction Layout (by Contractor) • Topographic Survey • Post Construction Field Survey and/or Record Drawings ENGINEERING ENTERPRISES, INC. G:\Publlc\West Chicago\2024\WE2402 Year 1 LSLR Program\PSA\Construction Engineering\03. WE2402 Attachment 8-Scope Of Servlce,.Docx CONSUL TING ENGINEERS ===== PDF PAGE 70 ===== [Extraction: embedded PDF text] Attachment B - Scope of Services Page 2 of 2 • Resident Coordination During Construction (By Contractor) • Mailing/Postage of Resident Notifications • Plumbing Inspections (Coordinated by Contractor) • Temporary Construction Easement (TCE) Agreements - Preparation, Delivery, Tracking and Coordination (to be performed by the City) • Additional Permitting Not Specifically Noted Above • CCDD Testing and Certification • Waste Profile Testing I o I ADDITIONAL SERVICES The above scope summarizes the work items that will be cbmpleted 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 agreement ahd will be billed in accordance with EEi's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. ' t I I I..I I I I ENGINEERING ENTERPRISES, INC. G:\Public\Wes1Chicago\2024\WE2402 Year 1 LSLR Program\PSA\Con~lruclion Engineering\03. WE2402 Attachment B- Scope OfSeovlcee.Docx CONSUL TING ENGINEERS I I ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT C: ESTIMATED SCHEDULE City of West Chicago mC VN Lead Service Line Replacement Program - Year 1 TASK DESCRIPTION ===== PDF PAGE 72 ===== [Extraction: embedded PDF text] ATTACHMENT D: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES U II ~JI 'I -:1 1 l I r . I l~I J IJI I !I I·'. [ City of West Chicago Iw~~ I I 'I·' r J JI ' , I 1111 I I l/c. 11 i 'l