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HomeMy WebLinkAbout23-149 Resolution No. 23-149 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH STRAND 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 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. 3 on behalf of the City of Elgin with Strand 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: July 26, 2023 Adopted: July 26, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 3 THIS AMENDMENT AGREEMENT NO. 3 is hereby made and entered into this 26th day of July ,2023,by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as the "CITY"), and Strand Associates, Inc., a Wisconsin 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 October 14, 2020 (the "Original Agreement"), wherein the CITY engaged ENGINEER to provide certain professional services in connection with various Utility Division projects relating to treatment facilities engineering projects (hereinafter referred to as "Original Agreement' and the"PROJECT"); and WHEREAS, the term of the Original Agreement provided for services from October 14, 2020,with task order completion by December 2021; and WHEREAS, Amendment No. 1 to the Original Agreement extended the task order completion date to July 29, 2022, and Amendment No. 2 to the Original Agreement extended the task order completion date to July 31, 2023; and WHEREAS, the parties hereto have determined to add an additional period 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. 3 are germane to the Original Agreement as signed; and this Amendment Agreement No. 3 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 (5)to subparagraph A thereof to read as follows: "(5) Task order completion services to be provided pursuant to Amendment Agreement No. 3 by December 29,2023." 3. Section 4 of the Original Agreement is hereby amended by adding the following to the end thereof: "G. For the services to be provided pursuant to the Amendment Agreement No. 3,ENGINEER shall be paid at the hourly rates specified in section 4A with the total not-to-exceed fee and expenses for the professional services to be provided for the extension under Amendment Agreement No. 3 in the amount of$18,000 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 and Amendment Agreements No. 1,No.2,and No. 3 thereto shall not exceed the total amount of$379,000 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. H. For outside services provided by other firms or subconsultants under Amendment Agreement No. 3, 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$18,000 provided for in paragraph G." 4. That except as amended in this Amendment Agreement No. 3, and as previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2, the Original Agreement shall remain in full force and effect. 5. That in the event of any conflict between the terms of the Original Agreement, as previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2,and the provisions in this Amendment Agreement No. 3, the provisions of this Amendment Agreement No. 3 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 3 as of the date and year first written above. CITY OF ELGIN ENGINEER By:—4 �j By: City Manager seph M. Bunker Its: Corporate Secretary Attest: Attest: Z',.2MXL - CIUQ��-eAA City Clerk Legal Depl\Agreement\Strand Associates-Aniend Agr 3-Utility Dept Projects-6-8-23.docx - 2 -