HomeMy WebLinkAbout09-0813 Terracon 01-08l3
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is made and entered into this /.3-6A.cdlay of August, 2009,by
and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"City)
and Terracon Consultants, Inc., a corporation organized and existing under the laws of the State of
Delaware, (hereinafter referred to as the "Consultant").
WHEREAS,the City and the Consultant entered into an agreement dated July 8, 2009,wherein the
Consultant provided certain professional services in conjunction with the City's environmental
assessment of the City property commonly known as 20 Jefferson Street,Elgin,Kane County Illinois
60120(such environmental assessment is hereinafter referred to as the"Project"and such agreement
is hereinafter referred to as the "Subject Agreement"); and
WHEREAS,pursuant to the Subject Agreement Consultant provided Phase I services including the
sampling, testing and staging of certain drums and cylinders on the Subject Property; and
WHEREAS, the City and the Consultant desire to enter into this Amendment to the Subject
Agreement to provide for Phase II services for the Project which relate to the final disposal of the
drum and cylinder materials on the Subject Property.
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth in the Subject
Agreement and the mutual undertakings set forth in this Amendment Agreement,and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. That Section 1 of the Subject Agreement is hereby amended by adding a subparagraph C
thereof to read as follows:
"C. Consultant shall also provide the services for the Project as outlined in
Consultant's Scope of Services document entitled "Proposal for Environmental
Remediation Services 20 Jefferson Avenue, Former Elgin Salvage Yard (North)
Phase II - Drum and Cylinder Disposal Services, Elgin, Illinois-Terracon Proposal
No. P11090343", dated August 11, 2009, consisting of ten (10) pages, a copy of
which is attached hereto and made a part hereof as Exhibit 2. In the event of any
conflict between the terms of this Agreement and the terms contained within Exhibit
2, the terms of this Agreement shall control."
2. That Section 2 of the Subject Agreement is hereby amended by adding the following
additional text to the end thereof:
"The Consultant shall commence with the services for Phase II of the Project on or
before August 24, 2009, and shall complete same no later than seven (7) days
thereafter, unless such other schedule is mutually agreed to by the City and
Consultant."
3. That Section 4 of the Subject Agreement is hereby amended by adding the following
additional text to the end of paragraph A thereof:
"For services provided by the Consultant for Phase II services pursuant to the
Amendment Agreement the Consultant shall be paid by the City a not-to-exceed fee
of$157,152 in total for all tasks combined for Phase II regardless of the actual costs
and expenses incurred by the Consultant."
4. That the changes to the Subject Agreement provided pursuant to this Amendment Agreement
are germane to the original contract as signed and this Amendment Agreement is in the best interests
of the City of Elgin and authorized by law.
5. That in the event of any conflict between the terms of this Amendment Agreement and the
terms of the Subject Agreement, the terms of this Amendment Agreement shall control.
6. That as except as specifically amended pursuant to this Amendment Agreement,the terms of
the Subject Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have entered into and executed Amendment Agreement
as of the date and year first written above.
FOR THE CITY: FOR Terracon Consultants, Inc.
By: By•
Manager ?"'eff-" Itell: rri' i k.4'
Attest:
City Clerk
F:\Legal Dept\Agreement\Terracon-Amendment Agrt-20 Jefferson.doc
- 2 -