The URL can be used to link to this page

Home My WebLink About24-165 Resolution No. 24-165 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 5 WITH SMITHGROUP, INC. FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH PROPOSED IMPROVEMENTS FOR THE ELGIN SPORTS COMPLEX 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. 5 on behalf of the City of Elgin with SmithGroup, Inc., for additional professional services in connection with proposed improvements for the Elgin Sports Complex, 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 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 5 This Amendment Agreement No. 5 is made and entered into this 26 day of June ,2024 by and between the City of Elgin,an Illinois municipal corporation (hereinafter referred to as"City"),and SmithGroup,Inc.,a municipal corporation,authorized to do business in the state of Illinois(hereinafter referred to as"Consultant"). WHEREAS, the City and the Consultant have previously entered into an agreement dated July 13, 2022, relating to certain professional services in connection with proposed improvements at the Elgin Sports Complex property (hereinafter referred to as the "Original Agreement"); and WHEREAS, the City and the Consultant have previously entered into an Amendment Agreement to the Original Agreement dated November 2, 2022, providing for certain amendments to the Original Agreement relating to additional services to be performed by the Consultant for the Project(hereinafter referred to as"Amendment Agreement No. 1");and WHEREAS,the City and the Consultant have also previously entered into Change Order No.2 to the Original Agreement dated July 19,2023,providing for certain further amendments to the Original Agreement relating to additional services to be performed by Consultant for the Project(hereinafter referred to as"Amendment Agreement No. 2"); and WHEREAS,the City and the Consultant have also previously entered into Amendment Agreement No. 3 to the Original Agreement dated September 27, 2023, providing for certain further amendments to the Original Agreement relating to additional services to be performed by Consultant for the Project(hereinafter referred to as"Amendment Agreement No. 3"); and WHEREAS,the City and the Consultant have also previously entered into Amendment Agreement No. 4 to the Original Agreement dated February 28, 2024, providing for certain further amendments to the Original Agreement relating to additional services to be performed by Consultant for the Project(hereinafter referred to as"Amendment Agreement No.4"); and WHEREAS, the City has determined that it is in the best interest of the City to further amend the Original Agreement to add additional work to be performed by the Consultant with respect to the Project including, but not limited to preparing materials and presenting to the Planning and Zoning Commission for approval and increasing scope of services to include additional due diligence to ensure the contractors' adherence to construction documents; and WHEREAS, the additional work to be authorized pursuant to this Amendment Agreement No. 5 has been resubmitted for pricing pursuant to the request for qualifications/proposal process in the same manner for which the Original Agreement was priced and procured;and WHEREAS,the changes provided in this Agreement Amendment No. 5 to the Original Agreement are germane to the Original Agreement as signed; and WHEREAS,this Amendment Agreement No.5 is in the best interest of the City of Elgin 1 and is authorized by law. NOW,THEREFORE, in consideration of the mutual promise and covenants contained herein,the mutual promise and covenants contained in the Original Agreement,the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are incorporated into this Amendment Agreement No. 5 in their entirety. 2. Section 1 to the Original Agreement providing for the scope of services is hereby further amended by adding thereto the following additional services to be performed by the Consultant for the Project: 'PHASE 4: BID AND AWARD ADDITIONAL SERVICES • City of Elgin Site Plan Approval Process The City determined the project required Site Plan approval by Planning&Zoning and City Council. This process was not anticipated so related services were not included. This required additional documentation,site plan changes and additional meeting participation. • Additional Construction Administration and Observation The City has indicated they do not have staff to provide Owner's Representative services during construction. SmithGroup services during the construction phase will include the following: • Represent the Owner's interests with the purpose of achieving the project's goals and objectives. • Serve as the Owner's eyes and ears during construction for the project to meet the Owner's requirements for budget,schedule and quality. • Maintain lines of communication between the Contractor,Owner and Engineer. • Confirm record keeping is organized and transferrable to the Owner post construction. • Receive and process the Contractor's submittals, shop drawings, RFIs and pay applications. • Prepare and distribute bulletins, change orders and supplemental instructions and clarifications. • Monitor the Contractor's as-builts and confirm they meet the Record Document requirements. • Increase the quantity of site visits to 3/week during construction to monitor the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. • Conduct up to three(3)observations to determine the date of Substantial Completion of the work by the Contractor and compile a"Punch List"of items that are not in compliance with the Contract Documents. • Conduct up to three(3)subsequent observations to determine the Contractor has satisfactorily completed all Punch List items. 2 • Approximately 9 months after Substantial Completion,complete a warranty walkthrough to identify items which do not meet warranty. Monitor the Contractor's progress in addressing warranty items. 3. Section 2 of the Original Agreement providing for a schedule and progress reports is hereby further amended by adding the following additional provisions thereto: "Consultant shall perform the services for the Project as provided in Amendment Agreement No.5 according to the schedule attached hereto and made a part hereof as Attachment B-1." 4. Section 4 of the Original Agreement relating to payments to the Consultant is hereby further amended by adding the following additional provisions thereto: "For the services provided by the Consultant pursuant to Amendment Agreement No. 5, the City shall pay the Consultant the following additional amounts: BASE SERVICES(LUMP SUM) Site Plan Approval Process S 36,000 Additional Construction Phase Services $ 700.000 SUBTOTAL: ADD $ 736,000 TOTAL FOR AMENDMENT AGREEMENT NO. 5: ADD $ 736,000 Amendment Agreement No. 5 will further increase the Original Agreement amount by a total of$736,000. For the purposes of clarification, the amount of the Original Agreement was $160,000. Amendment No. 1 increased the Original Agreement amount by a total of $101,070. Amendment Agreement No. 2 further increased the Original Agreement amount by $3,415. Amendment Agreement No. 3 further increased the Original Agreement by $831,500. Amendment Agreement No. 4 further increased the Original Agreement by $297,500. The new total agreement amount, inclusive of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2, Amendment Agreement No. 3, Amendment Agreement No. 4 and Amendment Agreement No. 5 is in the amount of $2,129,485." 5. That except as specifically amended herein pursuant to this Amendment Agreement No. 5,the Original Agreement as previously amended by Amendment Agreement No. 1, Amendment Agreement No. 2,Amendment Agreement No. 3 and Amendment Agreement No. 4,shall remain in full force and effect. 3 6. That in the event of any conflict between the terms of this Amendment Agreement No. 5, and the terms of the Original Agreement,Amendment Agreement No. 1,Amendment Agreement No. 2, Amendment Agreement No. 3, and/or Amendment Agreement No. 4, the terms of this Amendment Agreement No. 5 shall supersede and control. IN WITNESS WHEREOF, the City and the Consultant have signed and entered into this Amendment Agreement No. 5 as of the date and year first written above. CITY GIN By: ,7 Ri har G. Kozal,Ci Manager Attes City Cle CONSULTANT SMITHGROUP,INC. Pet•SALIA;IA By:— Name Print: Paul J.Wiese Title:_Vice President Legal DeptAgreement\SmithGroup Inc-Amend Agr 5-Elgin Sports Complex-Clean-6-14-24.docx 4 ATTACHMENT B-1 Exhibit B-1 City of Elgin Sports Complex Expansion Year 2023 2024 2025 Month Oct Nov Der Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Day 1 15 1 15 1 15 1 15 1 1S 1 15 1 15 1 15 1 15 1 15 1 _15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 Phase Task 3 Final Engineering and Permitting 3.1 Additional Topo Survey 3.2 Soil Exploration and Geotech Engineering 3.3 Site Remediation and Mound Delineation 3.4 Construction Drawings and Specs 3.5 Statement of Probable Construction Cost 3.6 Permits and Approvals 3.7 Wetland Permitting 4 4.1 Bid and Award 5 Construction ' 5.1 Construction Administration - 5.2 Construction Observation , Substantial Completion Final Completion