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13-31 Resolution No. 13-31 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE ARC-FLASH STUDY (Phase III) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute amendment agreement no. 2 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for engineering services in connection with the Arc-Flash Study (Phase III), a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 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 27th day of February, 2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc, a Missouri corporation(hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 24, 2011, wherein the City engaged the Engineer to furnish certain professional services in connection with the Arc-Flash Study(hereinafter referred to as"Original Agreement" "and the "Project", respectively)"; and WHEREAS, the City and Engineer have previously amended such Original Agreement to provide for additional locations and services pursuant to Amendment Agreement No. 1 dated April 25, 2012; and WHEREAS, the parties hereby have each determined it to be in their best interests to further amend the Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be further modified to include phase III of the"Project"; and 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. Attachment A, 1. Scope of Services, of the Original Agreement is hereby further amended by adding to Task 1 thereof: "Arc-Flash Assessment". Arc-Flash Assessment to include additional locations as outlined in attachment B: 3. For services identified in Attachment "B" to this Amendment Agreement No. 2, attached hereto and made a part hereof,"the ENGINEER shall be paid on a lump sum basis a total fee not to exceed $90,418, regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 2 are germane to the Original Contract as signed and this Amendment Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 2 and in the previous 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, the terms of Amendment Agreement 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 ENGINEER By: _ By: — City Manager Its a ssdr-nw Vies- D..e..:a Attest: Att e City Clerk Its^Secretary ksS F:ULegal Dept\AgreemenABurns&McDonnell-Amend 92-Arc Flash-clean 2-14-13.docx Attachment B Amendment Agreement No. 2 LOCATION UNIT COST Airlite Tower $1,685. Bowes Creek Clubhouse Bowes Creek Comfort Sta. 1 Bowes Creek Comfort Sta. 2 Bowes Creek Lift Station Bowes Creek Maint. Bldg. $5,990. Chamber of Commerce $3,370. Drake Field $1,872. .Highlands Golf Course Comfort Station Highlands Golf Course Irrigation Bldg. Highlands Golf Course Clubhouse Highlands Golf Course Maint. Bldg. Highlands Golf Course Range $5,990. Ho ps Road Pump Station $3,744. Red Barn Pump Station $1,685. Riverside WTP $29,952. Shales Parkway Salt Storage $1,685. Slade Ave Pump Station $11,981. Sports Complex - Soccer Old Sports Complex - Soccer New Sports Complex - Soccer Ltg Sports Complex $5,616. Trout Park $1,872. Festival Park Filter Building - Festival Park $5,616. Bowes Road Booster Pump Station $1,872. Lyle Ave Booster Pump Station $1,872. Fox Lane Booster Pump Station $1,872. East Side Recreation Center $3,744.