HomeMy WebLinkAbout22-168 Resolution No. 22-168
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH
DONOHUE & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION
WITH VARIOUS UTILITY DIVISION PROJECTS
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. 2 on behalf of the City of Elgin
with Donohue & Associates, Inc., for professional services in connection with various utility
division projects, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2022
Adopted: September 28, 2022
Omnibus Vote: Yeas: 7 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 28th
day of September, 2022, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the"CITY"),and Donohue&Associates,Inc.,a Wisconsin Corporation
(hereinafter referred to as "ENGINEER").
WHEREAS,the CITY and ENGINEER hereto have previously entered into an agreement
dated August 26, 2020 (the "Original Agreement'), wherein the CITY engaged ENGINEER to
provide certain professional services in connection with Various Utility Division projects
(hereinafter referred to as"Original Agreement'and the "PROJECT"); and
WHEREAS, the term of the Original Agreement provided for services from August 26,
2020, with task order completion by July 31, 2021; and
WHEREAS, the CITY and the ENGINEER have also previously entered into an
Amendment Agreement No. 1 to the Original Agreement wherein the parties agreed to add
additional services to be performed by the ENGINEER to be completed by July 31, 2022; and
WHEREAS,the parties hereto have determined to add a further additional year to the term
of the Original Agreement as previously amended by Amendment Agreement No. 1 to provide for
additional various utility projects to be performed by 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:
l. 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(4) to subparagraph A thereof to read as follows:
"(4) Task order completion services to be provided pursuant to Amendment
Agreement No. 2 by July 31, 2025."
3. Section 4 of the Original Agreement is hereby amended by adding the following to
the end there-of:
"D. The total not-to-exceed fee for the professional services to be provided for
the three year extension under Amendment Agreement No. 2 shall be $500,000
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 the Original Agreement including Amendment
Agreement No. 1 and Amendment No. 2 shall not exceed $1,100,000 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. 2, 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$500,000 provided for in paragraph C."
4. That except as amended in this Amendment Agreement No. 2 and as previously
amended by Amendment Agreement No. 1,the Original Agreement shall remain in full force and
effect.
5. That in the event of any conflict between the terns of the Original Agreement,the
terms of Amendment Agreement No. 1, and the terms of this Amendment Agreement No. 2, the
terms of this Amendment Agreement No. 2 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement No. 2 as of the date and year first written above.
CITY OF ELGIN ENGINEER
By: By:
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City Manager Vice President
Attest: Attest:
City Clerk enior ice Pres ent
F:1Legal DeptulgreementOonohue Associates Amend No.2-redlined-8-16-22.docx
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