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HomeMy WebLinkAbout24-155 Resolution No. 24-155 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 3 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 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 an Amendment Agreement No. 3 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: June 26, 2024 Adopted: June 26, 2024 Omnibus Vote: Yeas: 9 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 12th day of June , 2024, 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 CITY and the ENGINEER have also previously entered into an Amendment Agreement No. 2 to the Original Agreement wherein the parties agreed to add additional services to be performed by the ENGINEER to be completed by July 31,2025;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.2 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 July 31,2026." 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. 3 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. I, Amendment No. 2, and Amendment No. 3 shall not exceed $1,600,000 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. 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$500,000 provided for in this paragraph." 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,the terms of Amendment Agreement No. 1,the terms of Amendment Agreement No.2,and the terms of this Amendment Agreement No.3,the terms 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 EL ENGINEER By: ( C/ By: AA )tit4/\ City Manager Vice President Attest: Attest: n n City Clerk Senior Vice Presi, nt Legal Dept AgreemenADonohue&Assoc-Amend No 3-Agr Eng Serv-Uulities Dept Proj-Clean-5-213-24 docx -2 -