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Home My WebLink About24-260 Resolution No. 24-260 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH KLM ENGINEERING, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE BAFFLE WALL REPLACEMENT PROJECT AT LEO NELSON RIVERSIDE WATER TREATMENT PLANT 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. 1 on behalf of the City of Elgin with KLM Engineering, Inc., for supplemental professional engineering services in connection with the baffle wall replacement project at Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2024 Adopted: December 4, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. l is hereby made and entered into this 4th day of December 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and KLM Engineering (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY and ENGINEER hereto have previously entered into an agreement dated September 13,2023(the"Original Agreement"),wherein the CITY engaged ENGINEER to provide certain professional services in connection with the Baffle Wall Replacement Project (hereinafter referred to as"Original Agreement"and the"PROJECT");and WHEREAS, the parties hereto have determined it to be in their best interest to amend the Original Agreement;and WHEREAS, the City has determined that the proposed scope of the Project should be modified to included Supplemental Professional Engineering Services for the Baffle Wall Replacement Project- Amendment No. 1; and WHEREAS, the parties have determined and agree that the total fees to be paid to the Engineer Pursuant to the Original Agreement were in the total amount of$68,410.00; and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of$34,686.70;and WHEREAS,the parties hereto have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement No. 1 now total $103,096.70;and WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. l 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 subparagraph D thereto read as follows: "D. The Engineer shall also provide Supplemental Services for the Project which includes the Professional Engineering for the Baffle Wall Replacement Project- Amendment No. 1 in accordance with Attachment A-1,and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-l." 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: " Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B-1." 4. Section 4 of the Original Agreement is hereby amended by adding the following to the end there-of: "E. The total not-to-exceed fee for the professional services to be provided under Amendment Agreement No. 1 shall be, in an amount not to exceed $34,686.70 in accordance with Attachment C-1 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, shall not exceed $103,096.70 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. F. For outside services provided by other firms or subconsultants tinder Amendment Agreement No. 1, 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$34,686.70 provided for in paragraph 4.E." 5. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Original Agreement, the terms of this Amendment Agreement No. I shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. I as of the date and year first written above. CITY O N j By: City ManagerBy: � ' ame/Print: Shawn A. Mulhem � itle: President/CEO At s 4 /21 City Clerk Legal Dept\Agreement\KLM Engineering-Amend Agr 1-Baffle Wall Replacement-Clean-I I-14-24.docx ATTACHMENT A-1 SCOPE OF'SERVICES TASK 1: 1,000,000-Gallon Leo Nelson Riverside WTP Welded GSR This tank to be completed by 12/31/2024. Three (3)weeks of full-time inspection. Additional-Two(2)trips per week for three (3)weeks,for a total of six(6)trips during the baffle wall replacement. TASK 2: 5,000,000-Gallon Riverside WTP Concrete GSR This tank to be completed after the Leo Nelson Riverside WTP Welded GSR is completed. Two (2)weeks of full-time inspection. Additional-Two(2) trips per week for six(6) weeks,for a total of twelve(12)trips during the baffle wall replacement. Construction Management Consists of the following: • Attend pre-construction conference—(virtual) ♦ Periodically perform on-site review of project's work status and report to the Owner. • Coordinate progress meetings, as necessary. • Review of meeting minutes. • Scheduling of inspections. • Assist owner with project close-out administration. • Review of inspector's daily documentation. • Assist Owner to process change orders. • Assist Owner in preparation of monthly payment request forms. • Review&anarove of the contractor's submittals: ✓ Drawing reviews. ✓ Welder Certifications. ✓ Welder Qualifications ✓ Welding Procedures. ✓ Coating Materials Submittal. ✓ TLCP Sampling Plan. Deliverables o Contractor Submittals. • Daily Logs&Weather Logs. • Surface Preparation. • Daily Digital Photos. • Weekly Summary& Progress Meetings. • Project Acceptance Certificate. 6 Warranty Inspection Report (Owner&Contractor). ATTACHMENT B-1 PROJECT SCHEDULE TASK 1: 1,000,000-Gallon Leo Nelson Riverside WTP Welded GSR Completed November/December 2024,weather dependent. TASK 2: 5,000,000-Gallon Riverside WTP Concrete GSR Completed January 2025/February 2025,weather dependent ATTACHMENT C-1 PROPOSAL FEE SUMARY Original fee for 1,000,000-Gallon and 5,000,000-Gallon: • 1,000,000-Gallon Le Nelson Riverside WTP Welded GSR o Three (3)weeks inspection services $24,251.00 o Six(6)inspection trips during baffle replacement $ 9,216.00 $33,467.00 • 5,000,00-Gallon Riverside WTP Concrete GSR o Two(2)weeks inspection services $16,511.00 o Twelve (12) inspection trips during baffle replacement $1.8,4.32.00 $34,943.00 Amendment Agreement No. 1: • Three(3)weeks of additional work $34,686.70 $34,686.70 TOTAL $103,096.70