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Home My WebLink About26-116 Resolution No. 26-116 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 4 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. 4 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: July 22, 2026 Adopted: July 22, 2026 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 22 day of Tv& j , 2026, 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 25, 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 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 term of Amendment Agreement No. 1 provided services from the contract year beginning January 2022 and ending December 2022; and WHEREAS,the term of Amendment Agreement No. 2 provided services from the contract year beginning January 2023 and ending December 2023;and WHEREAS,the term of Amendment Agreement No. 3 provided services from the contract year beginning July 2024 and ending June 2025; 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 Amendment Agreement No. 3 provided a detailed Project Schedule only for the contract year beginning July 2024 and ending June 2025;and WHEREAS, the City has determined that the proposed scope of the Project should be 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 January 2026 and ending December 2026,and; 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 $98,000.00; the contract price for Amendment Agreement No. 3 is $93,000.00; and the 1 cost for the Engineering, Permit Compliance, Report Preparation, Field Surveying and Field Inspection services for the January 2026 to December 2026 contract year to be provided pursuant to Amendment Agreement No. 4 is in the amount of$97,000.00. 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. Section 1 the Original Agreement is hereby amended by adding the following to the end thereof: "F. ENGINEER shall perform the Services described in Attachment "A-4", entitled "Scope of Services, January 1, 2026 through December 31, 2026 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 amended by adding the following for progress reports for Amendment Agreement No. 4 to read as follows: "PROGRESS REPORTS—AMENDMENT AGREEMENT NO. 4 A. An outline project milestone schedule is provided hereinunder a. General Permit Compliance January 2026—December 2026 b. Manhole Inspections: January 2026—July 2026 c. Field Survey of M11 Elevations: January 2026—July 2026 d. Map& Database Maintenance: January 2026—August 2026 e. Discharge Monitoring Report: January 2026—December 2026 f. Project Coordination: To be determined* g. MWRD Satellite Entity Requirements: January 2026—December 2026** *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. ** All reports and inspections within the MWRD Satellite Entity Area(only a small part of the City's Sewer System) have been submitted. A minor Scope of Services task has been included 2 simply to assist City Staff in the completion of the Annual Summary Report and to respond to any questions or requests for information from MWRD. B. A detailed project schedule for the Project is included in Attachment "B-4",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 provided, at a minimum, with every project invoice and at every project coordination/discussion meeting." 4. Section 4 of the Original Agreement, is hereby amended by amending subparagraphs A and B thereof and by adding a progress payment schedule and project schedule for Amendment Agreement No. 4 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, Amendment No. 1, Amendment No. 2 and Amendment No. 3, with the total fee for the Original Agreement not to exceed $88,900.00, with a total fee for Amendment No. 1 not to exceed $117,000.00, with a total fee for Amendment No. 2 not to exceed $98,000.00, with a total fee for Amendment No. 3 of$93,000.00 and with a total fee for Amendment No.4 not to exceed$97,000.00,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 are listed in Attachment "C-4"and are included within the total fee not to exceed amounts referred to in Section 4.A hereof. C. The progress payment schedule for the Amendment Agreement No. 4 term shall be as follows: Estimated Schedule of Progress Payments May 2026 —45% August 2026—45% October 2026—5% December 2026—5% A detailed Project Schedule for the Amendment Agreement No. 4 term has been included as Attachment "C-4"." 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No.4 are germane to the Original Agreement,and this Amendment Agreement No. 4 is in the best interests of the City of Elgin and is authorized by law. 3 6. That except as amended in this Amendment Agreement No. 4 and the prior amendment agreements, 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 or the prior amendment agreements 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 OF ELGIN CONSULTANT By: 1. By: City Manager Secr ary/T as rer Attest: Attest: aWfde 41 City Clerk Vice P sid• t Legal Dept Agrccmcni RK Johnson-CSC)NPIMS-Amend Agr 4-clean-7-8.26 docx 4