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HomeMy WebLinkAbout25-211 Resolution No. 25-211 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH TROTTER AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO SEWER LINING PROGRAM MANAGEMENT AND SEWER LIFT STATION REHABILITATION 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 Amendment Agreement No. 4 on behalf of the City of Elgin with Trotter and Associates, Inc., for professional services in connection with various utility division projects relating to sewer lining program management and sewer lift station rehabilitation, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 17, 2025 Adopted: December 17, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 4 THIS AMENDMENT AGREEMENT NO. 4 is hereby made and entered into this 17th day of December, 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and Trotter and Associates, Inc., an Illinois Corporation (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY and ENGINEER hereto have previously entered into an agreement dated October 28th, 2020 (the"Original Agreement'), wherein the CITY engaged ENGINEER to provide certain professional services in connection with Various Utility Division projects relating to sewer lining program management and lift station rehabilitation categories (hereinafter referred to as "Original Agreement" and the"PROJECT"); and WHEREAS, the term of the Original Agreement provides for services from October 28th, 2020, with task order completion by December 31st, 2020; and WHEREAS, the CITY and ENGINEER previously agreed to Amendment Agreement No. 1, which added an additional year to the term of the Original Agreement with task order completion by December 31st, 2021; and WHEREAS, the CITY and ENGINEER further previously agreed to Amendment Agreement No. 2, which added an additional year to the term of the Original Agreement with task order completion by December 3 I st, 2022; and WHEREAS, the CITY and ENGINEER further previously agreed to Amendment Agreement No. 3, which added an additional three-years to the term of the Original Agreement with task order completion by December 31st, 2025. WHEREAS, the parties hereto have determined to add an additional one-year to the term of the Original Agreement to provide for additional various utility projects to be performed by the ENGINEER; and WHEREAS, the changes contemplated by this Amendment No. 4 are germane to the Original Agreement as signed; and this Amendment Agreement No. 4 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 (6) to subparagraph A thereof to read as follows: - 1 - "(6) Task order completion services to be provided pursuant to Amendment Agreement No. 4 as set forth in Attachment G thereto by December 31 st, 2026." 3. Section 4 of the Original Agreement is hereby amended by adding a new subsection G to the end thereof, stating as follows: "G. For the services provided pursuant to Amendment Agreement No. 4 ENGINEER shall be paid at the hourly rates specified in subsection 4.A with the total not-to-exceed fee and expenses for the professional services to be provided for the one-year extension under Amendment Agreement No. 4 in the amount of $65,000 unless substantial modifications to the scope of work arc 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, Amendment Agreement No. 1, Amendment Agreement No. 2, Amendment Agreement No. 3, and Amendment Agreement No. 4 thereto shall not exceed the total amount of $451,400 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 subeonsultants under Amendment Agreement No. 4, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus ten percent (10°o). Such costs for outside services are included within the not-to-exceed total fee of$65,000 provided for in this subsection 4.G." 4. That except as amended in this Amendment Agreement No. 4 and the previous Amendment Agreement No. 1, Amendment Agreement No. 2, and Amendment Agreement No. 3, 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 provisions in Amendment Agreement No. 1, Amendment Agreement No. 2, and Amendment Agreement No. 3, and the provisions in this Amendment Agreement No. 4, the provisions of this Amendment Agreement No. 4 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY IN ENGINEER By: 4y: City Manager l ent, Attest: Attest: .vvvak_ttaDsA.Axa. City Cl Corporate Secretary Legal Dept Agreement Trotter Agr Amend No 4 Sewer Ltmng-12 5 25 docx - 2 -