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HomeMy WebLinkAbout21-188 Resolution No. 21-188 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BAXTER&WOODMAN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO WATER DISTRIBUTION 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 Baxter&Woodman,Inc.,for professional services in connection with various utility division projects relating to water distribution, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 15, 2021 Adopted: December 15, 2021 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 15th day of December 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and Baxter & Woodman, Inc., an Illinois Corporation(hereinafter referred to as"ENGINEER"). WHEREAS,the CITY and ENGINEER hereto have previously entered into an agreement dated November 4, 2020 (the "Original Agreement"),wherein the CITY engaged ENGINEER to provide certain professional services in connection with Various Utility Division projects relating to Water Distribution(hereinafter referred to as"Original Agreement"and the"PROJECT"); and WHEREAS, the term of the Original Agreement provides for services from November 4, 2020,with task order completion by December 31,2021; and WHEREAS,the parties hereto have determined to add an additional 19 months to the term of the Original Agreement to provide for additional various utility projects to be performed by the ENGINEER; 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. That Section 2 of the Original Agreement is hereby amended by adding a new subparagraph(3)to subparagraph A thereof to read as follows: "(3) Task order completion services to be provided pursuant to Amendment Agreement No. 1 by July 31, 2023." 3. Section 4 of the Original Agreement is hereby amended by adding the following to the end there-of- ,,C. The total not-to-exceed fee for the professional services to be provided for the 19 month extension under Amendment Agreement No. 1 shall be $330,000 unless substantial modifications to the scope of work are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. Total compensation under this agreement and amendments thereto shall not exceed $530,000 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. D. For outside services provided by other firms or subconsultants under Amendment Agreement No. 1, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 10 percent. Such costs for outside services are included within the not-to-exceed total fee of$530,000 provided for in paragraph C." 5. That except as amended in this Amendment Agreement No. 1, 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. 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 ENGINEER:BAXTER&WOODMAN,INC. By: / By: ' Cite Mana"cr Associa a Vice President Attcst: Attest: Ae&a "6 - City Clcrk Deputy Secretary F\Legal Dept\Agreement\BW Amend No.1 2021-10-29.docx 2