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HomeMy WebLinkAbout21-95 Resolution No. 21-95 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH STANLEY CONSULTANTS, INC. FOR ADDITIONAL ENGINEERING SERVICES AND CONSTRUCTION PHASE SERVICES IN CONNECTION WITH WELL 5A IMPROVEMENTS PROJECT 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 a Amendment Agreement No. 2 on behalf of the City of Elgin with Stanley Consultants, Inc., for additional engineering and construction phase services in connection with 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: June 23, 2021 Adopted: June 23, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 2 THIS AMENDMENT AGREEMENT No.2 is hereby made and entered into this 23rd day of June, 2021, 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 City and the Engineer have also previously entered into an Amendment Agreement No. 1 with respect to the Original Agreement and added to the Original Agreement additional engineering services and construction phase services for the Project; and WHEREAS, the contract price for the Original Agreement was in the amount of$91,934 and the contract price for the supplemental services provided in Amendment Agreement No. 1 was in the amount of $29,655, for a total contract price pursuant to the Original Agreement and Amendment Agreement No. 1 in the amount of$121,589; and WHEREAS, the Project is currently under construction and it has been determined that electrical equipment that was intended to be reused is no longer in a condition where reuse is possible,and because of this circumstance additional engineering drawings and specifications need to be developed to allow for a future change order to the current construction contract with the contractor constructing the Project; and WHEREAS, the City has determined to provide for the necessary additional engineering drawings and specifications relating to such electrical equipment in this Amendment Agreement No. 2 with the Engineer; and WHEREAS, the changes contemplated by this Amendment No. 2 are germane to the Original Agreement as signed; and this Amendment Agreement No. 2 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. Section 1 of the Original Agreement is hereby further amended by adding the following new subparagraph "D"to the end thereof: "D. ENGINEER shall also perform the Services described in Attachment"A-2", entitled "Scope of Services for Additional Engineering and Construction Phase Services for Well 5A.". Engineer shall complete the additional services provided for in this Amendment Agreement No. 2 within 10 days of the entry into this Amendment Agreement No. 2. 3. Section 4 of the Original Agreement is hereby further amended by adding the following additional subparagraph E thereto to read as follows: "E. For services provided pursuant to Amendment Agreement No. 2 the ENGINEER shall be paid at the direct hourly rate of personnel employed on the PROJECT based on the rate schedule in Attachment C-2, with a total fee not to exceed $5,978 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. Reimbursable expenses associated with the Services provided pursuant to this Amendment Agreement No. 2 are included within the total fee amount not to exceed $5,978. For the purposes of clarification, the total fees to be paid to the Engineer pursuant to the Original Agreement was$91,934,the total fees to be paid to the ENGINEER pursuant to Amendment Agreement No. 1 was in the amount of $29,655, and the total fees to be paid to the ENGINEER pursuant to this Amendment Agreement No. 2 are in the amount not to exceed$5,978." 4. The changes provided to the Original Agreement, as provided in this Amendment Agreement No. 2 are germane to the Original Contract, and this Amendment Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law. 5. That except as amended in this Amendment Agreement No. 2, the Original Agreement as previously amended by Amendment Agreement No. 1,shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Original Agreement as previously amended by Amendment Agreement No. 1, and the provisions in this Amendment Agreement No. 2,the provisions of this Amendment Agreement No. 2 shall control. 7. 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 as of the date and year first written above. CITY OF ELGIN CONSULTANT l By: 6 By: City Manager Its Vice-President Attest: Attest: ti (14.411.6 dt)/---i-L—e c ity Clerk Its Secretary