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Home My WebLink About20-119 Resolution No. 20-119 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH • STANLEY CONSULTANTS, INC. FOR ENGINEERING SERVICES AND FIELD INSPECTION ACTIVITIES IN CONNECTION WITH THE WELL 3A AND WELL 5A IMPROVEMENTS PROJECT 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 Stanley Consultants, Inc., for engineering services in connection with the Well 3A and Well 5A improvements project, 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 No. 1 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 Stanley Consultants, Inc., Consulting Engineers., an Illinois corporation(hereinafter referred to as"Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated February 28, 2018 (the"Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the Well 5A Improvements Project (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the term of the Original Agreement provides for services from contract year beginning February 2018 and design ending July 2018; and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning February 2018 and design ending July 2018 and construction phase services to be determined; and WHEREAS,the City has determined that the proposed scope of the PROJECT with respect to Well 5A should be modified to include Engineering Services and Field Inspection activities for January 1, 2020, to October 2021; and WHEREAS,the City has also determined that the proposed scope of the PROJECT should be expanded to include certain engineering services and field inspection activities for Well 3A, which is located at the same City site as Well 5A; and WHEREAS, the contract price for the Original Agreement is $91,934.00, and the cost for the engineering services to be provided pursuant to Amendment Agreement No. 1 is in the amount of$29,655.00 WHEREAS, the changes contemplated by this Amendment No. 1 with respect to the work regarding Well 5A are germane to the Original Agreement as signed; and this Amendment Agreement No. I is in the best interest of the City and is authorized by law; and WHEREAS,the changes contemplated by this Amendment No. 1 with respect to the work regarding Well 3A are in the best interests 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 1C the Original Agreement is hereby amended by adding the following to the end thereof: C. ENGINEER shall also perform the Services described in Attachment "A-1", entitled "Scope of Services for Additional Engineering and Construction Phase Services for Well 5A and Well 3A.". No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City. 3. Section 2A of the Original Agreement is hereby amended by adding the following to the end thereof: A. An outline project milestone schedule is provided hereinunder a. Finalized Basis of Design January 2019 b. Additional Scope Added January 2020 c. Completed Design June 2020 d. Contract Award: August 2020 e. Construction Phase Services through October 2021 f. 4. Section 2B of the Original Agreement is hereby amended by adding the following to the end thereof: "A detailed project schedule for the Project for the services to be performed pursuant to this Amendment Agreement No. 1 is included as Attachment B-1 attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below." 5. Section 4A of the Original Agreement is hereby amended by adding the following to the end thereof: "For services provided pursuant to Amendment Agreement No. 1 the ENGINEER shall be paid at the direct hourly rate of personnel employed on the PROJECT based on the rate schedule in Attachment C-1, with a total fee not to exceed $121,589.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the DIRECTOR and approved by way of written amendment to this agreement." 6. Section 4B of the Original Agreement is hereby amended by adding the following to the end thereof: "Reimbursable expenses for the services to be performed pursuant to this Amendment Agreement No. 1 are included within the total fee amount not to exceed$121,589.00 referred to in Section 4A hereof." 7 7. 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. 8. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 9. 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. I shall control. 10. This 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 agreement, any signed copy of this 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 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 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 agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 1 as of the date and year first written above. CITY OF ELGI CONSULTANT By: 4 ei r'''.61. e e...---- By: City Manager Its Vice-President Attest: Attest: 4‘ 'ae-e--6( ' t---2---1--- -`-'--- A-----;: -- City Clerk Its Secretary F:\Legal Dept\Agreement\StanleyConsultants Amend Agr I-Well SA Updates-Redlined-7-22-20.docx