14-0923 Christopher B. Burke Engineering AMENDMENT AGREEMENT No. 2
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
2014, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Christopher B. Burke Engineering, Ltd., an Illinois
professional service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated May 8,
2013 (hereinafter referred to as 'ORIGINAL AGREEMENT"), which was pre v ion s l y
amended for construction engineering activities — Phase III engineering
services in connection with the 2013 Neighborhood Resurfacing Program on
September 1 1' 2013 via Amendment Agreement No. 1, wherein the City engaged the Engineer to
furnish certain professional services in connection with the 2013 Neighborhood Resurfacing Program;
and
WHEREAS, the parties hereto have determined it to be in their best interest to amend Original
Agreement and Amendment Agreement No. I; and
WHEREAS, the City has determined that the proposed scope of the Project should be modified to
include Construction Administration and Construction Engineering Activities for the 20 1 4
Neighborhood Resurfacing Program (hereinafter referred to as "2014 Inspection
Services" and the"2014 Project"respectively); and
WHEREAS, the Original Agreement and Amen d m e n t Agreement No. 1 provides for a
maximum payment of $170,366.00; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for the
2 01 4 Inspection Services described in this Amendment Agreement No. 2 shall be in the amount of
$9,747.00; and
WHEREAS, the Original Agreement and Amendment Agreement N o. 1 as amended
by this Amendment Agreement No. 2 will provide for a total amount of $180,113.00 which
constitutes an increase of 5.7 percent (%) over the amount of the Original Agreement and
Amendment Agreement No. 1 ;and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time Original Agreement and Amendment
Agreement N o. 1 were signed; the change contemplated by this Amendment Agreement No. 2
is germane to the Original Agreement 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 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 1 of the Original Agreement is hereby amended by adding the following
subparagraph B to read as follows:
'The Engineer also shall provide 2 014 Inspection Services for the 2014 Project which
includes the removal of existing infrastructure and the construction of curb and gutter, utility
adjustments, pavement base course, pavement surface courses, traffic control and other
appurtenances consistent with City requirements."
3. That Section 1 of the Original Agreement and Amendment Agreement N o. 1
is hereby amended by adding the following subparagraph C to read as follows:
"C. Engineer also shall furnish 2 0 1 4 Inspection Services for the 2014 Project as
outline herein and detailed in Attachment A-1."
4. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph 13:
"B. Engineer shall provide 2014 Inspection Services in accordance with the schedule
outlined herein and detailed in Attachment B-1."
5. That Section 4A of the Original Agreement and Section 3 of Amendment Agreement No.
1 are hereby amended by adding the following paragraph E to read as follows:
'E. For services described in Attachments A-1 and B-1, ENGINEER shall be paid at
the billing rate of personnel employed on the PROJECT with the total fee not
to exceed $9,747.00, regardless of the actual costs incurred by the ENGINEER
unless substantial modifications to the Scope of Work are authorized in writing by
the City. The detailed basis of the additional fee associated with Amendment
Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of
personnel utilized."
6. That except as amended in this Amendment Agreement No. 2 the Original Agreement
and Amendment Agreement 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 Agreement N o. 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 as of the date and year first written above.
CITY OF �j CONSULTANT
By: dN By:
ity Manager Its President
Atte Attest:
City Clerk Its Secretary
N:\ELGIN\1204491Admin&Amendment Agrreemtn No.2.docx
•
Attachment C-1
City of Elgin
Al,
Engineering Services for 2014 Street Resurfacing Project C no
Estimated Engineering Fees for Construction Support ELGIN B
September 23,2014
Total Total
Manhours Estimated Estimated
Engineer Percent of Hours
TASK DESCRIPTION Engineer V Engineer MI Intern TSC** Manhours Cost
, >
1 Construction Observation 2 8 0 0 10 $1,138.00 10.10%
2 Documentation 0 40 0 0 40 $4,000.00 40.40%
3 Project Close-Out 1 40 8 0 49— $4,609.00 ; 49.49%
Totals(Task 1 through 6) 3 88 8 99 $9,747.00
Standard Charges MIR $169.00 $100.00 $55.00
Total Estimated Personnel Cost $507.00 $8,800.00 $440.00 $0.00
Total Direct Costs* - $0.00
TOTAL COST PROPOSAL(Not to Exceed) $9,747.00
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