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Home My WebLink About21-93 Resolution No. 21-93 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH HR GREEN, INC. FOR DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2021 GIFFORD PARK RESURFACING 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 Amendment Agreement No. 1 on behalf of the City of Elgin with HR Green, Inc., for design engineering services in connection with the 2021 Gifford Park Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 23, 2021 Adopted: June 23, 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 23 day of June , 2021,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and HR GREEN, INC., an IOWA corporation, authorized to do business in the State of Illinois(hereinafter referred to as"Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated February 10,2021 (hereinafter referred to as"Original Agreement"),wherein the City engaged the Engineer to furnish certain professional services in connection with CITY OF ELGIN 2021 GIFFORD PARK RESURFACING 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$55,600.00;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$7,900.00; 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 further amended by adding a new additional subparagraph D thereto to read as follows: "D. The ENGINEER shall provide the additional engineering services to include preparation of plans and specifications for CITY street, alley, and parking lot maintenance per the terms of the Original Scope of Services at the following locations: Cooper-Congdon alley, Prairie-Villa Flag alley, Lillie-Forest alley, West & East Forest-Preston alley, Cherry Street alley, Spring-Center alley, Richert Court, Hill Avenue, Porter Street, and the Hawthorne Hill Nature Center Parking Lot" 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 by July 1, 2021." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph C and Payment Schedule to read as follows: "C. For services described in Amendment Agreement No. 1,Engineer shall be paid a lump sum and total maximum fee of$7,900.00 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 $63,500.00. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment A-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2021 will be utilized for this Project." Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE July 1, 2021 100 $7,900.00 $7,900.00 Total 100% $7,900.00 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. 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. CITY CONSULTANT By: By: Miemors. ai.sga4.4 City Manager Its Vice President Atte t: Attest: A4vo6/ City Clerk Its Executive Assistant 1--fRThJ HRGreenu ATTACHMENT A - 1 PROFESSIONAL SERVICES AGREEMENT AMENDMENT For City of Elgin 2021 Gifford Park Resurfacing Project Preliminary Engineering Services Mike Pubentz City of Elgin 150 Dexter Court Elgin, IL, 60120 847.931.6081 Akram Chaudhry, P.E. Vice President HR Green, Inc. 420 N Front Street McHenry, IL, 60050 HR Green Project Number: 200067 Version 2.1 02212019 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 PROFESSIONAL SERVICES FEE Version2.1 02212019 THIS AGREEMENT is between CITY OF ELGIN (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"). 1.0 Project Understanding 1.1 General Understanding This agreement hereby amends the original professional services agreement dated February 10, 2021 for the 2021 Gifford Park Resurfacing Project. CLIENT has requested additional locations to be included in the project at the following areas: Cooper-Congdon alley, Prairie-Villa Flag alley, Lillie-Forest alley, West & East Forest-Preston alley, Cherry Street alley, Spring-Center alley, Richert Court, Hill Avenue, Porter Street, and the Hawthorne Hill Nature Center parking lot. The work will include Preliminary Engineering tasks required for the preparation of proposal documents, location map, typical sections, construction details, project specifications, construction cost estimates, and all other related work necessary to complete the additions for the proposal documents. Preparation of Preliminary Engineering documents will follow CLIENT and Illinois Department of Transportation (IDOT) MFT standards and procedures. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 PRELIMINARY ENGINEERING A. Field Evaluation COMPANY will perform a thorough field evaluation of the streets to be improved. The field evaluation will obtain measurements, define the pavement improvement strategy, and review existing sidewalk ramps for compliance with current ADA standards. B. Quantity Calculations From the field evaluation and measurements, COMPANY develop the related quantities and opinions of probable construction cost. These costs will be determined using pay items and the latest historical unit prices available for the area. C. Roadway Design Roadway typical sections, location maps, and construction details will be developed showing resurfacing limits, sidewalk ramp locations, pavement patching, utility structure adjustments, and curb improvements. 3.0 Professional Services Fee 3.1 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable within 30 days upon receipt. 3.2 Payment The CLIENT AGREES to pay COMPANY on the following basis: TASK HOURS COSTS Preliminary Engineering Field Visits, Project Administration 12 $1,710 Calculations and Quantities 16 $2,190 Roadway Design and Special Provisions 24 $4,000 Sub-Total 52 $7,900 Project Total 52 $7,900.00