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Home My WebLink About25-93 Resolution No. 25-93 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 3 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT 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 R.K. Johnson& Associates, Inc., for additional professional services in connection with the combined sewer overflow national pollution discharge elimination system permit compliance project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 14, 2025 Adopted: May 14, 2025 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 14th day of May 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City"),and R.K.Johnson&Associates, Inc.,an Illinois corporation (hereinafter referred to as"Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated August 12, 2020 (the "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project (hereinafter referred to as "Original Agreement"and the"Project"); and WHEREAS, the term of the Original Agreement provided for services from contract year beginning August 2020 and ending July 2021,and WHEREAS, the City and the Engineer have also previously entered into Amendment Agreement No. 1 dated March 23, 2022, which provided for certain amendments to the Original Agreement(hereinafter referred to as"Amendment Agreement No. 1");and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning August 2020 and ending July 2021,and WHEREAS,the Amendment Agreement No. 1 provided a detailed Project Schedule only for the contract year beginning January 2022 and ending December 2022, and WHEREAS, the Amendment Agreement No. 2 provided a detailed Project Schedule only for the contract year beginning January 2023 and ending December 2023, and WHEREAS, the City has determined that the proposed scope of the PROJECT should he further modified to include Engineering, Permit Compliance, Report Preparation (as required by the NPDES Permit),Field Surveying and Field Inspection activities for the contract year beginning July 2024 and ending June 2025. WHEREAS,the contract price for the Original Agreement is$88,900.00,the contract price for Amendment Agreement No. 1 is $117,000.00, the contract price for Amendment Agreement No. 2 is$98,000,and the cost for the Engineering, Permit Compliance, Report Preparation, Field Surveying and Field Inspection services for the July 2024 to June 2025 contract year to be provided pursuant to Amendment Agreement No. 3 is in the amount of$93,000.00. 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. Section 1 the Original Agreement is hereby further amended by adding the following to the end thereof: "D. ENGINEER shall perform the Services described in Attachment "A-3", entitled "Scope of Services, July 2024 to June 2025 Contract Year of the Combined Sewer Overflow NPDES Permit Compliance Project". No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City." 3. Section 2 of the Original Agreement is hereby further amended by adding thereto the following for progress reports for Amendment Agreement No. 3 to read as follows: PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder a. General Permit Compliance July 2024—June 2025 b. Manhole Inspections: July 2024—June 2025 c. Field Survey of MH Elevations: July 2024—June 2025 d. Map&Database Maintenance: July 2024—June 2025 e. Discharge Monitoring Report: July 2024—June 2025 f. Project Coordination: To be determined* g. MWRD Satellite Entity December 2024—June 2025** Compliance *Note: Coordination with City Sewer Separation Project will be completed on a"as needed"basis. Therefore, the timeline for the coordination work will be based on the schedule of the Sewer Separation Design Project rather than the NDPES Permit Compliance Project. **Note: Time period assumes MWRD will review the Revised Long Term Operation and Maintenance Plan,including the standard manhole inspection procedure developed for the City of Elgin. B. A detailed project schedule for the Project work to be performed pursuant to amendment Agreement No.3 is included in Attachment"B-3",attached hereto. Progress will be recorded on the project schedule and submitted as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR regular status reports keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. The status reports shall be 2 provided, at a minimum,with every project invoice and at every project coordination/discussion meeting. 4. Section 4 of the Original Agreement,is hereby further amended by amending subparagraph A and by adding to subparagraphs B and C as follows: A. For services provided the ENGINEER shall be paid at the direct hourly rate of personnel employed on the project based on the rate schedules attached to the Original Agreement and Amendment No. 1, with the total fee for the Original Agreement not to exceed$88,900.00,with a total fee for Amendment No. I not to exceed$117,000.00,and with a total fee for Amendment No.2 not to exceed $98,000.00,and with a total fee for Amendment No.3 not to exceed$93,000.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the Director and approved by way of written amendment to this Agreement. B. Reimbursable expenses for Amendment Agreement No. 3 are listed in Attachment"C-3"and are included within the total fee not to exceed amounts referred to in Section 4A hereof. C. The progress payment schedule for Amendment Agreement No. 2 term shall be as follows: Estimated Schedule of Progress Payments July 2024—6% August 2024—6% September 2024—7% October 2024—8% November 2024—7% December 2024—6% January 2025— 12% February 2025—10% March 2025— 10% April2025— 12% May 2025 - 8% June 2025—8% A detailed Project Schedule for the Amendment Agreement No. 3 term has been included as Attachment"B-3". 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 3 are germane to the Original Agreement as signed, and this Amendment Agreement No. 3 is in the best interest of the City of Elgin and is authorized by law. 3 6. That except as amended in this Amendment Agreement No. 3, the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement,Amendment Agreement No. 1 and the provisions in this Amendment Agreement No. 2, 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 CONSULTANT 11:7By: City Manager Secretary/Treas r Attest: Attest: ity lerk Vice P eside 4