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Home My WebLink About24-53 Resolution No. 24-53 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 4 WITH SMITHGROUP, INC. FOR SEPARATE BID PACKAGE FOR TREE REMOVAL AND PRESERVATION, PROPERTY BOUNDARY EXHIBIT AND BASE BID ADDITIONAL SCOPE OF SERVICES IN CONNECTION WITH THE 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. 4 on behalf of the City of Elgin with SmithGroup, Inc., for separate bid package for tree removal and preservation, property boundary exhibit and base bid additional scope of services in connection with the 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: February 28, 2024 Adopted: February 28, 2024 Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 4 This Amendment Agreement No. 4 is made and entered into this 28th day of February , 2024 by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "City"), and SmithGroup, Inc., a Michigan 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 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: a separate bid package for tree removal and preservation; a property boundary exhibit; and the base bid additional scope to incorporate bid alternates;and WHEREAS,the additional work to be authorized pursuant to this Amendment Agreement No.4 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. 4 to the Original Agreement are germane to the Original Agreement as signed;and WHEREAS,this Amendment Agreement No.4 is in the best interest of the City of Elgin 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 1. The foregoing recitals are incorporated into this Amendment Agreement No. 4 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 • Separate Bid Pack—Tree Removal and Preservation Due to threatened and endangered species, tree (habitat) removal is required to take place outside the normal nesting season, which is between June 1 and July 31 per federal guidelines.In order to meet these dates for tree removals,a separate bid package was required. Additional services include drawing and specification preparation, bidding assistance, and construction administration and observation services. • Property Boundary Exhibit The existing soils on the property are undergoing certification by IL EPA for residential use which will allow for the property to be used as a public park. The certification process is nearly complete. The approved property boundary requires a description submitted to the IL EPA. The description will be provided by a Professional Land Surveyor. • Additional Scope—Base Bid and to Incorporate Bid Alternates Changes and additions over the course of the Final Engineering phase have increased the scope and costs of the project. Several items were added to the scope of the Base Bid. Other items were added to the scope as Bid Alternates. Bid Alternates require design and engineering for both the Base Bid condition as well as the Alternate condition. a. Shade pavilion added(Base Bid) b. Standalone maintenance building added(Base Bid) c. Irrigation system added (Base Bid) d. Sustainable strategies for"Net Zero Ready"buildings added(Base Bid) e. Sustainable strategies for site added — water cistern, permeable pavers (Alternates) f. Field 3 (Alternate) g. Parking Lots 2 and 3 (Alternates) h. Playground(Alternate)." 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. 4 according to the schedule attached thereto and made a part hereof as Attachment B-1." 2 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.4,the City shall pay the Consultant the following additional amounts: BASE SERVICES (LUMP SUM) Separate Bid Package $ 27,500 Additional Scope—Base Bid and Bid Alternates $ 266,000 SUBTOTAL: ADD $ 293,500 REIMBURSABLE SERVICES (NOT TO EXCEED) Property Boundary Exhibit $ 4,000 TOTAL FOR AMENDMENTAGREEMENT NO. 4: ADD $ 297,500 Amendment Agreement No. 4 will further increase the Original Agreement amount by a total of$297,500. 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. The new total agreement amount, inclusive of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2, Amendment Agreement No.3 and Amendment Agreement No.4 is in the amount of$1,393,485." 5. That except as specifically amended herein pursuant to this Amendment Agreement No. 4, the Original Agreement, as previously amended by Amendment Agreement No. 1,Amendment Agreement No.2,and Amendment Agreement No.3,shall remain in full force and effect. 6. That in the event of any conflict between the terms of this Amendment Agreement No.4, and the terms of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2, and Amendment Agreement No. 3, the terms of this Amendment Agreement No.4 shall supersede and control. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF,the City and the Consultant have signed and entered into this Amendment Agreement No.4 as of the date and year first written above. CITY OF By: Richar G. Kozal,Ci Manager Attest City Clerk CONSULTANT SMITH GROUP,INC. Paul Wiese ysignM by:::rst Dale:I039A3.161:19A3 By: Name Print: Paul J. Wiese Title: Vice President Legal Dept\Agreement\SmithGroup Inc-Amend Agr 4-Elgin Sports Complex-Clean-2-15-24.docx 4 Exhibit B-1 City of Elgin Sports Complex Expansion Year 2024 2025 Month Day ., T :'�r Jun Jul I A. Sept Oct rc Cl Mar Apr May U n Jut _ . Is I ., 15 1 . ...1'. 1 15 15 15. I 15 1 15 Phase Task 3 Final Engineering and Permitting 3.1 Construction Drawings and Specs _ 3.2 Statement of Probable Construction Cost _ 3.3 Site Remedlation Coor will EPA 3.4 Site Utility Coor w/IDPti 3.5 Sewer Permit w/FRW RD 3.6 Wetland Jurisdiction w/Kane County 4 4.0 Construction Bid Package 1 Tree Removals 4.1 Bid and Award 4.2 Contractor Mobilization 4.3 Construction Administration 4.4 Periodic Construction Observatic- 4.5 Substantial Completion 4.6 Final Completion 1 5 5.0 Construction Bid Package 2 Site Development - - _ 5.1 B:d and Award S.2 Contractor Mobilization 5.3 Construction Administration 5.4 Corntruction Observation 5.5 Substantial Completion 5.6 Final Completion