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Home My WebLink About21-135 Resolution No. 21-135 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION PRELIMINARY ENGINEERING 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 Engineering Enterprises, Inc., for supplemental professional engineering services in connection with the Dundee Avenue reconstruction preliminary engineering 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 8, 2021 Adopted: September 8, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. I THIS AMENDMENT AGREEMENT No. I is hereby made and entered into this 8th day of September ,2021,by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as "Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated May 8, 2019 (hereinafter referred to as "Original Agreement'), wherein the City engaged the Engineer to furnish certain professional services in connection with the Dundee Avenue Reconstruction Preliminary Engineering Project(hereinafter referred to as the"Project'); and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include the additional Supplemental Professional Engineering Services described herein(hereinafter referred to as"Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of$238,055; and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of$39,308; and WHEREAS,the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this Agreement as if fully recited herein. 2. Section 1 of the Original Agreement is hereby amended by adding a new additional subparagraph D thereto to read as follows: "D. The ENGINEER shall provide the additional engineering services to include storm water drainage analysis throughout the PROJECT limits outlined and described in Attachment A-1,attached hereto and made a part hereof(hereinafter referred to as the "Supplemental Services")." 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B-1." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: "E. For services described in Attachments A-1,Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project;provided,however,that Engineer shall be paid a total maximum fee of$ 39,308.00 for the services to be provided pursuant to this Amendment Agreement No. 1,regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. For the purposes of clarification, the total fees to be paid to the Engineer pursuant to the Original Agreement and this Amendment Agreement No. 1 now total $277,363.00. The detailed basis of the additional fee associated with Amendment Agreement No. 2 is included in Attachment C-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2019 included as Attachment D-1 will be utilized for this Project." Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE 09/15/2021 100% 100% $39,308.00 Total 100% $ 39,308.00 5. That except as amended in this Amendment Agreement No. I the Original Agreement shall remain in full force and effect. 6. 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. 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 No. 1 as of the date and year first written above. CIT�OF CONSULTANT By: By: City Manager Its President L Attest: of City Cl v 1 s 'xecutive Assistant ATTACHMENT A-1 PRELIMINARY DESIGN, ADMINISTRATION,AND PLANNING ADDITIONAL SUPPLEMENTAL SERVICES l. General: The Preliminary Design Engineer will serve as the City of Elgin's representative for the entire design and administration of the planning for the project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Preliminary Design Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the bidding and planning documents in accordance with the City's objectives of cost,time and quality. The Preliminary Design Engineer will work closely with and report to the Public Works Director or his designee. It shall be understood that the Preliminary Design Engineer will act as the Public Works Director on this project and shall coordinate with other City entities such as the Legal Department, City Clerk,Purchasing Director, Water Director, Sewer Director and Street Director. The Preliminary Design Engineer shall be responsible for acting as the Public Works Director on this project in regards to Federal, State and County issues as well. 2. Drainase Evaluation and Preliminary Design: The Preliminary Design Engineer has conducted a review of existing drainage patterns and investigated any drainage issues. A Drainage Technical Memorandum has been prepared and included in the Project Design Report(PDR). Upon PDR review by the Illinois Department of Transportation(IDOT), the following additional supplemental services are required to gain final PDR approval, and shall be provided under this Amendment Agreement No. 1: a. Project Management and Administration b. Prefinal Storm Sewer and Detention Design and Calculations c. Prefinal Drainage Plan and Profiles with Pipe and Structure Tables d. Coordination/Meetings with IDOT Drainage Group e. Quality Control/ ualitY Assurance requirements ATTACHMENT B-1 ANTICIPATED DESIGN SCHEDULE ADDITIONAL SUPPLEMENTAL SERVICES Project Management and Administration January 1-September 15,2021 Quality Control/Quality Assurance requirements January 1-September 15, 2021 Prefinal Storm Sewer and Detention Design Completion August 15 —September 1, 2021 Prefinal Drainage Plan and Profiles Completion August 22-September 8, 2021 Coordination/Meetings with IDOT Drainage Group September 1-September 15,2021 ATTACHMENT C-1 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES FOR E LG I N DUNDEE AVENUE FROM SUMMIT TO PAGE ST-PHASE I-AMENDMENT AGREEMENT NO.1 City of Elgin,Illinois THE Crry IN THE SUOURUs August 18,2021 SURVEYING DRATTING ADMIN. WORK PRINOPAL SENIOR SENIOR SENIOR SENIOR FIELD WI GPS SENIOR REM COST WORK PROJECTROLE: N PROJECT PROJECT PROJECT ! PROJECT PROJECT PROJECT I PROJECT FIELD CAD PROJECT HOUR PER ITEM CHARGE MANAGER MANAGER ENG.11 ENG. MANAGER MANAGER TECHNICIAN II CREW MANAGER TECmmCtANI ADMN. SUMM. REM NO. 9JOWITH41 NOIIIRLYRA $203 $197 $174 $166 $141 $197 $178 S1S3 $206 $176 $141 so 1 1 Pr t and Administration 2 8 16 $ 3.406 si 1 14 Prefinal Storm Sewer and Detention De n and Calculations 8 40 32 2 _ 12 94 S 14,736 118 Prefinal Draina a Plan and Profiles with Pipe and Stmeture Tables 8 28 12 "1 54 110 S 16.952 1.21 Coordina6orVMeelin s with IDOT Drainage Group2 10 12 S 2,D44 123 QGQA 1 10 10 S 1,970 OfFIECTEXPERSES •,••••,,••••••,•,•,�•lAMRStIMMItl%..� ..,.,. ,..................�,.,��.�..,�,,.�Prue Nga 3 100 En inmup E>mensn• S 27,666 _ Draft' Eapempss �S 11.442 Admu UAa 1.0ensel. S .°bM[CYE7RBKESs 3�"°.• <.-100 w TOTALs• Attachment D-1 YERRS Standard Schedule of Charges EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $208.00 Principal E-3 $203.00 Senior Project Manager E-2 $197.00 Project Manager E-1 $178.00 Senior Project Engineer/Planner/Surveyor II P-6 $165.00 Senior Project Engineer/Planner/Surveyor I P-5 $153.00 Project Engineer/Planner/Surveyor P-4 $141.00 Senior Engineer/Planner/Surveyor P-3 $129.00 Engineer/Planner/Surveyor P-2 $117.00 Associate Engineer/Planner/Surveyor P-1 $106.00 Senior Project Technician II T-6 $153.00 Senior Project Technician I T-5 $141.00 Project Technician T-4 $129.00 Senior Technician T-3 $117.00 Technician T-2 $106.00 Associate Technician T-1 $ 93.00 Engineering/Land Surveying Intern 1-1 $ 84.00 GIS Technician G-1 $ 75.00 Administrative Assistant A-3 $ 70.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $168.00 2 Man Field Crew with Standard Survey Equipment $262.00 1 Man Field Crew with RTS or GPS* $208.00 2 Man Field Crew with RTS or GPS* $302.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) Reimbursable Direct Costs&Services by Others Cost+ 10% *RTS=Robotic Total Station/GPS=Global Positioning System