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08-273 Resolution No. 08-273 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES FOR THE EAST SERVICE ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Olufemi Folarin, City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a first amendment agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for engineering services for the East Service Zone, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this / 7 day of 07r(vn2401_� , 2008, by and between the CITY of ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and ENGINEERING ENTERPRISES INC, an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement dated May 28, 2008, for the ENGINEER to furnish certain professional services in connection with the East Service Zone Project(hereinafter referred to as the "ORIGINAL AGREEMENT"). WHEREAS, the ORIGINAL AGREEMENT provided for a maximum payment to the ENGINEER of$162,532; and, WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this contract amendment; and, WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the changes contemplated by this First Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this First Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: A. The above recitals are hereby incorporated into and made a part of this First Amendment Agreement. B. Section 1 of the ORIGINAL AGREEMENT is hereby amended by adding the following text to the end thereof as a new Subsection 1.D: "ENGINEER shall also perform additional services for the PROJECT, to include preliminary, final design and construction phase engineering services, as described in the Scope of Services attached to the First Amendment Agreement to this Engineering Services Agreement as Attachment D and incorporated herein by this reference. No Supplemental Services shall be performed by the ENGINEER nor shall the CITY be responsible for the payment of any such Supplemental Services unless and until such Supplemental Services are authorized in advance and in writing by the CITY." C. Section 4. A of the ORIGINAL AGREEMENT is hereby amended to by adding the following text to the end thereof: "The CITY shall pay the ENGINEER for its services pursuant to Attachment D to the First Amendment Agreement an additional lump sum fee of Eleven Thousand Dollars ($11,000), regardless of the actual costs • incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY". D. Section 4 of the ORIGINAL AGREEMENT is hereby amended by adding the following text to the end thereof as a new Subsection 4.C: 'The CITY shall make periodic payments to the ENGINEER for the services described in Attachment D after the receipt and approval of monthly invoices based upon progress reports that clearly identify the services provided and their value for the month being invoiced, as well as a summary of all services provided and the total fee earned by ENGINEER TO DATE.' E. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein. This provision shall not constitute a waiver of any rights to enforce any provisions of ORIGINAL AGREEMENT. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second Amendment Agreement on the date and year first written above. CITY OF ELGIN FOR THE ENGINEER. B bil �-_ B Y Y O u", i Folari• Bradley P. Sanderson City k4anager Vice President Attest: Diane Roberts City Clerk ATTACHMENT D TO AGREEMENT FOR ENGINEERING SERVICES City: City of Elgin, Illinois Engineer: Engineering Enterprises Inc. Project : East Service Zone The scope of the work for the additional engineering services for the project is : A. Identify water main improvements beyond those identified in the original agreement. The original agreement focused around planning for water mains in the vicinity of Hidden Creek subdivision and water main necessary to connect the booster pumping station to the distribution system. This task shall include preliminary routing and cost estimates for the water main along US Route 20 to service the Castle Creek and Villa Olivia subdivisions while taking into account constraints associated with the Bartlett interconnect . B. Add a garage to the booster pump station capable of storing the Water Department' s two portable generators . This work shall include the required Mechanical, Electrical, and Structural and Architectural design and cost estimating. C. Add a bulk water loading station on site. This work shall include, process drawings and details, and cost estimating. D. Construction Services as required by the original agreement for the addition of the garage and bulk water loading station. October 2, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: Amendment No. 1 for Engineering Services with Engineering Enterprises Inc for the East Service Zone. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to the Agreement with Engineering Enterprises Inc., for the additional engineering services in connection with East Service Zone Design Services. RECOMMENDATION It is recommended that the City Council authorize the execution of Amendment No. 1 to the Agreement for design services of the East Service Zone with Engineering Enterprises Inc for a total cost of$11,000. BACKGROUND On May 14, 2008, the City Council authorized the agreement with Engineering Enterprises Inc. for the engineering services for the East Service Zone Booster Pump Station that include site selection, preliminary and final design, and bidding and construction phase services. The engineering fee for these services is $165,532. Amendment No. 1 to the engineering services with Engineering Enterprises Inc. includes the following tasks: identify water main improvements beyond those identified in the original agreement, which include the preliminary routing and cost estimates for the water main along US Route 20 to service the Castle Creek and Villa Olivia subdivisions while taking into account constraints associated with the Bartlett interconnection, addition of a garage to the booster pump station capable of storing the Water Department two portable generators, and the addition of a bulk water loading station on the site. The cost of these additional engineering services is in the amount of$11,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . Amendment No. 1 for Additional Engineering Services with EEI October 2, 2008 Page 2 FINANCIAL IMPACT There are sufficient funds budgeted ($51,532) and available ($11,000) in the water portion of the 2005 General Obligation Bond Fund, account number 365-4000-795.92-36 "Capital Additions- Buildings/Structures," project number 409720, to fund the Amendment No. 1 with Engineering Enterprises Inc., in the amount of$11,000. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of Amendment No. 1 to the Agreement with Engineering Enterprises Inc. in the amount of$11,000. 2. The City Council may choose not to authorize execution of Amendment No. 1 to the Agreement with Engineering Enterprises Inc. in the amount of$11,000. Respectfully submitted for Council consideration. KBJ Attachment . s OF E40i City of Elgin Memorandum 0.1.; TCU 10' Date: November 25, 2008 To: Kyla Jacobsen, Water System Superintendent From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 08-273, regarding Engineering Enterprises, Inc. Enclosed please find the above referenced agreements. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.