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18-79 Resolution No. 18-79 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH HR GREEN INC. FOR ADDITIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2017 BRIDGE REHABILITATION PROGRAM 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 HR Green, Inc. for engineering services in connection with the 2017 Bridge Rehabilitation Program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 25, 2018 Adopted: July 25, 2018 Omnibus Vote: Yeas: 9 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 25 day of, July , 2018,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and HR Green, Inc., an Iowa Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY and ENGINEER have previously entered an Agreement dated February 8, 2017 wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the CITY'S 2017 Bridge Rehabilitation Program (hereinafter referred to as "the Original Agreement" and the "PROJECT"); and WHEREAS, the parties have previously entered an Amendment Agreement No. 1 to provide for certain additional construction administration and inspection services in connection with the PROJECT; and WHEREAS,the CITY has determined that the proposed scope of the PROJECT should be modified to add additional services for the development of plans, specifications and cost estimates for the repair of certain city owned bridges that were identified in the 2017 PROJECT but due to funding constraints were delayed until 2018 for repair; and WHEREAS, the parties hereto have each determined it to be in their interest to further amend the Original Agreement pursuant to this Amendment Agreement No. 2; and WHEREAS, the contract price for the Original Agreement was in the amount of $110,798.79, the contract price for Amendment Agreement No. 1 was in the amount of $101,681.91, and the cost for the additional services to be provided pursuant to this Amendment Agreement No. 2 is in the amount of$10,850.00; and WHEREAS,the changes contemplated by this Amendment Agreement No. 2 are germane to the Original Agreement as signed and as amended by Amendment Agreement No. 1, 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 provided herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this Agreement as if fully recited herein. 2. Section 1 of the Original Agreement is hereby further amended by adding a new additional subparagraph E thereto to read as follows: "E. The ENGINEER shall provide the additional engineering services to include preparation and plans and specifications for CITY bridge repairs as outlined and described in Attachment A-2, attached hereto and made a part hereof(hereinafter referred to as the "Additional Supplemental Services"). 1 The ENGINEER shall perform such Additional Supplemental Services according to the schedule as set forth in Attachment A-2." 3. Section 4 of the Original Agreement is hereby further amended by adding the following additional subparagraph to the end thereof: "D. For the Additional Supplemental Services to be provided pursuant to this Amendment Agreement No. 2 and is described in Attachment A-2, the CITY shall reimburse the ENGINEER for such services in the total amount not to exceed the sum of$10,850.00, regardless of the actual cost incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY ENGINEER and approved by way of written amendment to this Agreement. 4. The changes provided to the Original Agreement as provided by this Amendment Agreement No. 2 are germane to the Original Agreement as signed and this Amendment Agreement No. 2 is in the best interest of the City of Elgin and is authorized by law. 5. That except as amended in this Agreement No. 2, the Original Agreement as previously amended by Amendment Agreement No. 1, shall remain in full force and effect. 6. In the event of any conflicts in the terms of the Original Agreement, the terms of Amendment Agreement No. 1, and the provisions of this Amendment Agreement No. 2, the provisions of this Amendment Agreement No. 2 shall control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement as of the date and year first written above. CITY OF ELGIN FOR THE ENGINEER: By: By: // , City Manager V-d / � Ate Name/Print: A,;ay T ,.j Title: y l 1-1 D t TwT City Clerk Consulted by: Attest: Its Secretary F:U.egal Dept\Agreement\HR Green Amendment Agr#2-6-19-18.docx 2 ATTACHMENT A-2 SCOPE OF SERVICES and SCHEDULE 2018 BRIDGE REHABILITATION PROJECT PROJECT DESCRIPTION and SCOPE This project will include preparation of plans and specification to allow the CITY to bid repair work for some or all of the routine bridge maintenance activities outlined below on and adjacent to the CITY's existing bridges. ENGINEER will revise the previous repair plans (2017 Bridge Rehabilitation Project) such that the City may let the portions not awarded in 2017. The 2018 bid package will stand on its own without reference to the previous project. It will include work covered under Alternate Bids A, C, D and E. Revised (accordingly) project specifications using CITY's format, an opinion of probable cost (per bridge site) and assistance during the bid phase is also included. Bid Phase assistance will consist of answering bidder's technical questions and review of bids prior to award (CITY will advertise the project, distribute plans and open the bids). The plans will be arranged as a Base Bid plus Alternate Bid packages to allow the CITY to deduct portions of the work to fit within available budget. Field inspection and plan updates for current conditions are not included but detour plan and coordination with Kane County Division of Transportation for Bowes Creek Blvd over the ICRR has been added. One (1)meeting and the bid opening are included. Video records will consist of the photographs taken of each site in 2017 including those made a part of the bid plans. Utility coordination will include coordination with City and private utilities performed in 2017. Tree and brush removal will be paid for as a lump sum for each area delineated on the plans; therefore, a tree survey is not included. All tree and brush removal will be limited to City owned Right of Way. ENGINEER will provide a progress set to the City for review. The drawing set is anticipated to include 34 to 35 sheets including key plans for each location, details, photographs, General Notes, Summary of Quantities divided by site and a cover sheet. ENGINEER will furnish five (5) sets of printed plans and specifications for letting as well as 10 flash drives containing the same information to the City Purchasing Department for distribution to prospective bidders. Bid Phase assistance to the City (responses to bidder's questions and review of bids) is included in the scope of services. Upon request, ENGINEER will provide a supplement to this agreement to cover construction phase services after CITY determines which portions of the project it intends to award to the successful bidder. Construction of the repairs and rehabilitation work is planned for late summer and autumn of 2018. The above services exclude scour analyses, review of the original design, construction and any comparison of the design and construction to current standards. Special inspections are not included. Estimates of cost offered as a part of the summary will be based on available unit process from bid tabulations or similar recent projects. Attachment A City of Elgin-2018 Bridge Rehabilitation Program HR Green Job No. 171546 Page 2 of 2 The following rehabilitation and repair work is included: Structure Scope of Repairs Villa St over Poplar Creek Replace riprap.Clear deck drains. Clear vegetation&debris Villa St over Willow Creek Clear deck drains.Repair sidewalk. McLean Blvd over Tyler Creek Seal cracks in pavement.Clear vegetation&debris Big Timber Rd.over Tyler Patch approach.Guardrail repairs Creek Bowes Creek Blvd.over ICRR Overlay and membrane and settled curb removed and replaced.Parapet and railing repairs. Kimball St over the Fox River Clean drains. Seal cracks in deck. Summit Pedestrian Tunnel Concrete patching.Epoxy crack injection McLean Pedestrian Tunnel Rail post repairs. Sidewalk repairs Damisch over Tyler Creek Guardrail Term&debris removal Airlite Street over Sandy Creek Clean and Remove Vegetation Crawford Rd over Bowes Crack Seal,Vegetation&Debris removal Creek Garden Crescent over Tyler Vegetation&Debris Removal.Replace Guardrail in kind(no analysis) Creek Bent St over Willow Creek Vegetation&Debris Removal. Laurel St over Willow Creek Vegetation&Debris Removal. Varsity Dr over Poplar Creek Vegetation&Debris Removal. SCHEDULE The anticipated schedule for the project is as follows: Design Engineering&Bid Preparation: June/July 2018 Award Construction Contract: August 2018 Complete Construction: October 2018