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19-8 Resolution No. 19-8 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) 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 Engineering Enterprises, Inc. for supplemental professional engineering services in connection with the 2018 residential resurfacing(East)program,a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk Resolution No. 19-8 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.0208(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 supplemental professional engineering services in connection with the 2018 residential resurfacing(East)program,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 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 23rd day of January , 2019, 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 May 9, 2018 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2018 Residential Resurfacing (East) Program (hereinafter referred to as the "Project"); and WHEREAS, the City and Engineer hereto have previously entered into an Amendment No. 1 dated July 25, 2018 (hereinafter referred to as "AMENDMENT NO. 1"), wherein the City engaged the Engineer to furnish certain supplemental construction phase professional engineering services in connection with the 2018 Residential Resurfacing (East) Program (hereinafter referred to as the "Project"); and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include the additional Supplemental Professional Engineering Services for the 2018 Residential Resurfacing (East) Program described herein (hereinafter referred to as "Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of $64,378.00 and Amendment Agreement No. 1 provides for a maximum payment of$131,291.00; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 2 shall be in the amount of$42,000.00; and WHEREAS, the changes contemplated by this Amendment Agreement No. 2 are germane to the Original Agreement and Amendment No. 1 as signed; and this Amendment Agreement No. 2 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section 1 of the Original Agreement is hereby amended by adding the following subparagraph E thereto to read as follows: "The Engineer shall also provide Supplemental Services for the Project which includes the Construction Phase Professional Engineering for the 2018 Residential Resurfacing (East) Program in accordance with Attachment A-2 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-2," 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B-2." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: "C. For services described in Attachments A-2, C-2, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of$ 42,000 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 $237,669.00. 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 2018 will he utilized for this Project." Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE 2/1/2019 100% 42,000.00 42,000.00 Total 100% 42,000.00 6. That except as amended in this Amendment Agreement No. 2 the Original Agreement and Amendment No. 1 shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement and Amendment No. 1, 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' ELGIN CONSULTANT BY: By: City Manager Its Vice President Att st: Attest( T)A-14( ity Clerk It ecutive Assistant / \Legal Dept\Agreement\LEI Amend Agr#2-2018 Residential Resurfacing-Clean 1-9-19 does 2 Page 1 ATTACHMENT A-2 Additional Services 1. Expanded Design Scope (EEI and Subcontractors) a.Additional streets added to the project scope per the City b.Stormwater evaluation at the intersection of North Grove and Slade Ave. c.Analysis of two alleys for consideration of being added to the project scope. 2. Expanded Construction Scope (EEI and Subcontractors) a.Lovell trolley track removal b.Analysis of potential curb repair on Brook St. Engineering Enterprises,Inc. ATTACHMENT B-2 PROPOSED SCHEDULE ' 2018 RESIDENTIAL RESURFACING(EAST)CONSTRUCTION PHASE ENGINEERING SERVICES E LG I N City of Elgin,IL 11IO 1N 114.4111,,,,,,., WORK Year: 2018 ITEM Month: January February March April May June July August September October November December NO. WORK ITEM Week Starting: 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 CONSTRUCTION ENGINEERING 3.1 Construction Administration U MEM.MOM 12 On-Site Inspection Services Legend Construction Administration On-site Inspection Services GiPubicElgnl20181EG1802 2018 Residential Resurfacing ProgremlPSAWnended PSA-No 2IIAtlacbnlenl B-2 Construction Scbedule.dsIProiecl Schedule 41 II=1 AL ATTACHMENT C-2:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST E LG I N CONSTRUCTION PHASE PROFESSIONAL ENGINEERING SERVICES na are W TO alws 2018 RESIDENTIAL RESURFACING(EAST) City of Elgin,IL ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. WORK PRINCIPAL SENIOR SENIOR SENIOR ITEM COST WORK PROJECT ROLE: IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER ENGINEER MANAGER SURVEYORI TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM. ITEM NO. WORK ITEM HOURLY RATE $197 $191 $160 $137 $173 $149 $137 $173 $137 $70 ENGINEERING SERVICES 2.0 EXPANDED DESIGN SCOPE 1 _ 8 36 - - - - - _ - 1 46 $ 7555 3.0 EXPANDED CONSTRUCTION SCOPE 1 24 138 - - - - - - 4 168 $ 27,338 Construction Engineering Subtotal: 3 92 174 • • - 5 214 $ 34,$ 32 174 - • - - NEW UMW IMPIrlgr 111"."M993 Vehicle Costs$65 per day)=Ellill IIMIMIZZ:=2:33EilEai Supplies 8,Misc.= - Geotechnical(Rubino)= $ 2,800.00 Drafting Expenses= $ 1,607.88 Material Testing(Rubino) 8 2,639.20 i''7,I$.TS:.- - 1.11MELCA TOTAL EXPENSES= $ 41,940 Attachment Dl Standard Schedule of Charges January 1,2018 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $202.00 Principal E-3 $197{)0 Senior Prject Manager E-2 $191.00 Project Manager E'1 $173.00 Senior Pject Engineer/Planner/Surveyor II P-6 $160.00 Senior Prject Engineer/Planner/Surveyor I P'5 $14980 Project Engineer/Planner/Surveyor P-4 $137.00 Senior Engineer/Planner/Surveyor P-3 $125.80 Engineer/Planner/Surveyor P-2 $114.00 Associate Engineer/Planner/Surveyor P-1 $103.00 Senior Prject Technician II T'8 $149.00 Senior Pject Technician I T-5 $137.00 Project Technician T-4 $125.00 Senior Technician T-3 $114.00 Technician T-2 $103.00 Associate Technician T-1 $ 90.00 Engineering/Land Surveying Intern |'1 $ 8400 GIS Technician G-1 $ 72.00 Administrative Assistant A-3 $ 70.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $163.00 2 Man Field Crew with Standard Survey Equipment $254.00 1 Man Field Crew with RTS or GPS* $202.00 2 Man Field Crew with RTS or GPS* $283.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.([o|mr) Reimbursable Direct Costs&Services by Others Cost+ 10% RTS=Robotic Total Station/GPS=Global Positioning System 4 is. . -' ---- I Congdon \ d s 1 .. 4.7 f River Bluff NW* P + I" ' ' ,{ - - ' _ ,..0, + u .. i 6 li et 7P t ,, 4' t -1‘. 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Yr -I. x .r - 'i 0- � I 0- ' � m.s l of V y i 'MP Hickory ',/tea -Ann ,. r.-� _ 1 Ti41" 1� �� Ot_ at.'4- 4 y 4'. 4.1 'Atari Til "h! ri 1 1 '�""_...ilG. ` f" -.i.: T .i.. T 1� �',1 rlr if it`.µ M�1 J i __ � ii! r . O_ I 1 Franklin Am .i� o h ranklin- � •,.4=- -?'11,1�. ,, ..1.4--`, } -, 0i �1r w. , : Legend S tom-, =i "."L-t. , .. - • I — m..w.. .w4. to, .i. ,41 - _ • _ si- 3 - 11 a'r _ �� 2018 Resurfacing I. _�._� ��i ir ••11171'.•1; i I �, I r -'..al. ,''.".• • JI4 #_ 11 �Kimball� .._ - Kimball DATE 2018 RESIDENTIAL N ' 4 E Engineering Enterprises, Inc. PROJECT JUNE 2018 RESURFACING PROGRAM I 52 Wheeler Road EG1802 LOCATION MAP Sugar Grove, Illinois 60554 BY MJT PATH CITY OF ELGIN (630) 466-6700 H:\GIMPUBUC\ELGM\2018\ www,eeiweb.comFI1802_2018 Resurfacing 8.5x11 MXD