HomeMy WebLinkAbout19-159 Resolution No. 19-159
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL
SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of
Elgin with Burns & McDonnell Engineering Company, Inc., for professional services in
connection with various utility division projects, a copy of which is attached hereto and made a
part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: November 20, 2019
Adopted: November 20, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 20th day of
November , 2019, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "CITY"), and Burns & McDonnell Engineering Company, Inc.
(hereinafter referred to as "ENGINEER").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
August 8, 2018 wherein the City engaged the Engineer to furnish certain professional services in
connection with various Utility Division Projects (hereinafter referred to as "Original
Agreement" and the "PROJECT"); and
WHEREAS, the parties hereby have each determined it to be in their best interests to amend
Original Agreement; and
WHEREAS, the contract price for the Original Agreement is in the amount of$206,000.00, and
the cost for the additional engineering services for the various Utility Division Projects to be
provided pursuant to this Amendment Agreement No. 1 is in the amount of$89,000.00; and
WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original
Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the City
and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein,
and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. Section 4 of the,Original Agreement is hereby amended by adding the following to the
end thereof:
"D. For additional services to be provided pursuant to this Amendment Agreement No. 1
as described in Section 1 of the Original Agreement, Engineer shall be reimbursed at the
rate of 3.0 times the direct hourly rate, based on W-2 earnings, of personnel employed on
this Project, with a total fee for the services not to exceed $89,000.00 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 and approved pursuant to a
written amendment to this Agreement executed by the parties. The aforementioned not-
to-exceed fee includes all other costs incurred pursuant to and arising out of the Project
which are not included in the invoiced rate for personnel. For purposes of clarification,
the total not-to-exceed fees to be paid to the ENGINEER by the CITY are $206,000.00
pursuant to the Original Agreement and $89,000.00 pursuant to this Amendment
Agreement No. 1, with the total not-to-exceed fees pursuant to the Original Agreement
and Amendment Agreement No. 1 totaling $295,000.00."
"E. The additional professional engineering services to be performed as a part of this
Amendment Agreement No. 1 shall be completed by December 2020."
3. The changes provided to the Original Agreement as provided in this Amendment
Agreement No. 1 are germane to the Original Contract as signed and this Amendment
Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law.
4. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
5. That in the event of any conflict between the terms of the Original Agreement, and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF ' "or CONSULTA►
By: ��„! � ll
City Manager
Attest: Attest:
ad(/ (94(
City Clerk 74).2,e