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HomeMy WebLinkAbout26-125 Resolution No. 26-125 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR ADDITIONAL SUPPLEMENTAL CONSTRUCTION PHASE PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2026 MCCLURE AVENUE RESURFACING 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. 2 on behalf of the City of Elgin with Engineering Enterprises, Inc., for additional supplemental construction phase professional engineering services in connection with the 2026 McClure Avenue resurfacing project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12, 2026 Adopted: August 12, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT No.2 is hereby made and entered into this 12 day of August ,2026,by and between the City of Elgin,Illinois,a municipal corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as"Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated February 11,2026_(hereinafter referred to as"Original Agreement"),wherein the City engaged the Engineer to furnish certain professional services in connection with the 2026 McClure Avenue Resurfacing Program(hereinafter referred to as the"Project"); and WHEREAS, the City and Engineer hereto have previously entered into an Amendment Agreement No. 1 dated May 27,2026(hereinafter referred to as"Amendment Agreement No. 1"), wherein the CITY engaged the ENGINEER to furnish certain Supplemental Professional Engineering Services in connection with the PROJECT; and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include the additional Supplemental Construction Phase Professional Engineering Services for the Project described herein (hereinafter referred to as "Second Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of$179,994.00 and Amendment Agreement No. 1 provides for a maximum payment of$59,668.00;and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Second Supplemental Services described in this Amendment Agreement No. 2 shall be in the amount of$249,997.00;and WHEREAS,the changes contemplated by this Amendment Agreement No. 2 are germane to the Original Agreement as signed;and this Amendment Agreement No. 2 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein,and other good and valuable consideration,the sufficiency of which is hereby 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 1 of the Original Agreement is hereby amended by adding the following subparagraph F thereto to read as follows: "F. "The ENGINEER shall also provide Second Supplemental Services for the PROJECT which includes the Construction Phase Professional Engineering for the PROJECT in accordance with Attachment A-2 and ENGINEER shall furnish such Second Supplemental Services for the Project as outlined and detailed in Attachment C-2," 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide the Second Supplemental Services provided for in Amendment Agreement No. 2 in accordance with the schedule outlined herein and detailed in Attachment B-2." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: "F. For services described in Attachments A-2, C-2, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of$249,997.00 for the services to be provided pursuant to this Amendment Agreement No. 2, regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. For the purposes of clarification,the total fees to be paid to the Engineer pursuant to the Original Agreement, Amendment Agreement No. 1 and this Amendment Agreement No. 2 now total $489,659.00. The. detailed basis of the additional fee associated with Amendment Agreement No. 2 is included in Attachment C-2 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2026 as included in Attachment E-2 will be utilized for this Project." Payment Schedule for Second Supplemental Services ESTIMATED ESTIMATED% VALUE OF WORK ESTIMATED INVOICE DATE COMPLETE COMPLETE INVOICE VALUE 8/21/2026 10% $ 24,999.70 $ _ 24,999.70 9/21/2026 45% _ $ 12,498.65 $ 87,498.95 10/21/2026 85% _ $ 212,497.45 $ 99,998.80 11/21/2026 90% $ 224,997.30 $ 12,499.85 12/21/2026 95% $ 237,497.15 $ 12,499.85 1/21/2027 96% $ 239,997.12 $ 2,499.97 2/21/2027 97% $ 242,497.09 $ 2,499.97 3/21/2027 98% $ 244,997.06 $ 2,499.97 4/21/2027 _ 99% $ 247,497.03 $ 2,499.97 5/21/2027 100% $ 249,997.00 $ 2,499.97 Total $ 249,997.00 2 6. That except as amended in this Amendment Agreement No. 2 the Original Agreement and Amendment No. I shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement or Amendment Agreement No. I, and the provisions in this Amendment Agreement No. 2, the provisions of this Amendment Agreement No. 2 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 2 as of the date and year first written above. CITY OF CONSULTANT B y. y /1 City anager Its Visa President Att Attest: etidd/ii ity Clerk Its Executive Assistant Legal Dept\Agreemeat\EEI-Amend Agr 2-2026 McClure Resurfacing-Clean 7-22-26.docx 3