18-66 Resolution No. 18-66
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2
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 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 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: June 27, 2018
Adopted: June 27, 2018
' Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
II
i
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this 27
day of, June 2018, 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, Amendment No. 1 to the Original Agreement extended the task order
completion date to July 28, 2018, 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. 2 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 2 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(4)to subparagraph A thereof to read as follows:
"(4) Task order completion services to be provided pursuant to Amendment
Agreement No. 2 by July 28, 2019."
3. Section 4 of the Original Agreement is hereby amended by adding the following to
the end there-of-
66E. The total not-to-exceed fee for the professional services to be provided for
the one year extension under Amendment Agreement No.2 shall be$50,100 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
$320,100 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 subconsultants under Amendment
Agreement No. 2, 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$50,100 provided for in paragraph E."
5. Section 28 of the Original Agreement is hereby amended by changing Paragraph A
to read:
"A. As to CITY:
Eric Weiss
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555"
6. That except as amended in this Amendment Agreement No. 2, 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 Amendment No. 1 and 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 as of the date and year first written above.
CITY OF ELGIN ENGINEER
By: I., By: _'Z'Z
City Manager Corporate Secretary
Attest: Attest:
It i q)�dj l
City Clerk
FALegal Dept\Agreement\Strand Agr-Amendment No.2-Utility Projects-Clean 6-7-18.docx
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