HomeMy WebLinkAbout20-118 Resolution No. 20-118
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH
CHASTAIN & ASSOCIATES, LLC FOR CONSTRUCTION ENGINEERING ACTIVITIES —
PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2020 STREET
RESURFACING PROGRAM—WELLINGTON-LAUREL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER 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 Chastain & Associates, LLC., for construction engineering activities — Phase III
engineering services in connection with the 2020 street resurfacing program—Wellington-Laurel,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 9, 2020
Adopted: September 9, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS 'AMENDMENT AGREEMENT is hereby made and entered into this 9th day of
September , 2020, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Chastain & Associates LLC, an Illinois professional
service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
April 8, 2020 wherein the City engaged the Engineer to furnish certain professional services in
connection with the 2020 Street Program — Wellington - Laurel (hereinafter referred to as
"Subject Agreement" and 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 Construction Engineering Activities— Phase III Engineering Services;
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the
Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Section 1B of the Subject Agreement is hereby amended by adding the following to the
end thereof: "Engineer shall furnish Inspection Services for the PROJECT as outlined
herein and detailed in Attachment A-1."
2. Section 2B of the Subject Agreement is hereby amended by adding the following to the
end thereof: "A detailed Project Schedule for calendar year 2020 for the Project is
attached hereto as Attachment B-1. Progress will be recorded on the Project Schedule
and submitted monthly as a component of the status report described in C below.
3. Section 4 of the Subject Agreement is hereby amended by adding the following
paragraph G to read as follows: "G. For services described in Attachments A-1 and B-1,
which relate to the construction engineering services for the Project, Engineer shall be
paid at an hourly rate for the classifications of the personnel who perform work on this
Project, with a total fee for such services not to exceed $109,500, 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 by way of written
amendment to this Agreement. The detailed basis of the additional fee associated with
the construction engineering services provided in this Amendment Agreement No. 1 is
included in Attachment C-1 and is based on hourly rates of personnel utilized.
4. The changes provided to the Subject Agreement as provided in 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 is authorized by law.
5. That except as amended in this Amendment Agreement the Subject Agreement shall
remain in full force and effect.
6. That in the event of any conflict between the terms of the Subject Agreement, and the
provisions in this Amendment Agreement, the provisions of this Amendment Agreement
shall control.
7. This Amendment Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes
of executing this Amendment Agreement, any signed copy of this Amendment
Agreement transmitted by fax machine or e-mail shall be treated in all manners and
respects as an original document. The signature of any party on a copy of this
Amendment Agreement transmitted by fax machine or e-mail shall be considered for
these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this Amendment Agreement shall be
considered to have the same binding legal effect as an original document. At the request
of either party any fax or e-mail copy of this Amendment Agreement shall be re-executed
by the parties in an original form. No party to this Amendment Agreement shall raise the
use of fax machine or e-mail as a defense to this Amendment Agreement and shall
forever waive such defense.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF ELGIN CONSULTANT
Chastain& Associates LLC
5115Lici- Fy
City Manager Sr. Project Manager
•
Att s • Att
{ ect Manager
City Clerk