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17-103 Resolution No. 17-103 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH VARIOUS UTILITY DEPARTMENT PROJECTS BE IT 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. 1 on behalf of the City of Elgin with Strand Associates, Inc. for engineering services in connection with various utility department projects, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 26, 2017 Adopted: July 26, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this 26th day of July, 2017, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and Strand Associates, Inc., a Wisconsin Corporation (hereinafter referred to as"ENGINEER"). WHEREAS,the CITY and ENGINEER hereto have previously entered into an agreement dated June 22, 2016 (the "Original Agreement"), wherein the CITY engaged ENGINEER to provide certain professional services in connection with Various Utility Division projects (hereinafter referred to as "Original Agreement" and the "PROJECT"); and WHEREAS,the term of the Original Agreement provides for services from June 22, 2016, with task order completion by March 2017; and WHEREAS,the parties hereto have determined to add an additional 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. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 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: I. 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 (3)to subparagraph A thereof to read as follows: "(3) Task order completion services to be provided pursuant to Amendment Agreement No. 1 by July 28, 2018." 3. Section 4 of the Original Agreement is hereby amended by adding the following to the end there-of- "D, The total not-to-exceed fee for the professional services to be provided for the one year extension under Amendment Agreement No. 1 shall be $120,000 unless substantial modifications to the scope of work are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. Total compensation under this agreement and amendments thereto shall not exceed $270,000 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. E. For outside services provided by other firms or subconsultants under Amendment Agreement No. 1, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 10 percent. Such costs for outside services are included within the not-to-exceed total fee of$120,000 provided for in paragraph D." 4. Section 7 of the Original Agreement is hereby amended by adding the following to the end thereof: "The CITY shall have the option to at its discretion,of three(3)additional one-year extension agreements in addition to the additional one-year term provided for in Amendment Agreement No. 1,for the years 2018-2019,2019-2020 and 2020-2021, under the same terms and conditions provided for in the Original Agreement at the CITY's sole discretion. In the event the CITY elects to exercise such options, such options shall be exercised by way of further written amendments to this Agreement executed by the parties hereto." 5. Section 28 of the Original Agreement is hereby amended by changing Paragraph A to read: "A. As to CITY: Eric Weiss Interim Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555" 6. That except as amended in this Amendment Agreement No. 1, 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 and the provisions in this Amendment Agreement No. 1,the provisions of this Amendment Agreement No. 1 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 ENGINEER I � By: - 2 - City Manager Corporate Secretary Attest: Attest: Jk I fa City Clerk F:\Legal Dept\Agreement\Strand Associates Amend No. 1-redlined-6-12-1 7.docx - 3 -