14-162 Resolution No. 14-162
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR ADDITIONAL
CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES
IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING PROGRAM
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. I on behalf of the City of Elgin
with Wills Burke Kelsey Associates, Ltd. for additional construction engineering activities-Phase
III engineering services in connection with the 2014 Neighborhood Resurfacing Program, a copy
of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 19, 2014
Adopted: November 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT is hereby made and entered into this 19th day of
November , 2014, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Wills Burke Kelsey Associates, Ltd. an Illinois professional
service corporation(hereinafter referred to as"Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
APRIL 9, 2014 wherein the City engaged the Engineer to furnish certain professional services
in connection with the 2014 Neighborhood Resurfacing Program (hereinafter referred to as "Subject
Agreement"and the"Project"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend Original
Agreement; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to
include additional Construction Engineering Activities—Phase III Engineering Services and,
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
1. Section I113 of the Subject Agreement is hereby amended by adding the following to the end thereof:
"A detailed Project Schedule for calendar year 2015 for the Project is attached hereto as Attachment
B-1.
2. Section IVA of the Subject Agreement is hereby amended by adding the following to the end thereof,
"For supplemental services provided under this amendment, the ENGINEER shall be paid at the
hourly rate for the classifications of personnel employed on this PROJECT, with the total fee not to
exceed $230,351.00 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."
3. The changes provided to the Subject Agreement as provided in this Amendment Agreement are
germane to the original contract as signed and this Amendment Agreement is in the best interests of
the City of Elgin and is authorized by law.
4. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full
force and effect.
5. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in
this Amendment Agreement,the provisions of this Amendment Agreement 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 EL G CO T
By: By:
My Manager Its President
Attest: Attest.
ity Clerk It f5e rrMr—y
F:\Public_Works\Engineering\Capital Projects\AAA CONSTRUCTION ADM INISTRATION\Engineering Amendment.doc
WBK Supplemental Services
2014 Neighborhood Resurfacing Program
Cost of Sevice Completed under Supplemental
current contract Fee
McLean DE $ 31,662.23 $ 31,662.23 $ -
MCcLean 2014 CE to date $ 11,906.60 $ 11,906.60 $ -
McLean 2014 CE estimated $ 43,200.00 $ 43,200.00 $ -
McLean 2015 CE estimated $ 72,000.00 0 $ 72,000.00
McLean 2014 Testing $ 6,307.00 $ 6,307.00 $ -
McLean 2015 Testing $ 8,351.00 0 $ 8,351.00
Sub Total McLean $ 173,426.83 $ 93,075.83 $ 80,351.00
Lincoln and Hill DE $ 17,341.00 $ 17,341.00 $ -
Lincoln and Hill CE(est.) $ 16,560.00 $ 16,560.00 $ -
Lincoln and Hill Testing $ 2,500.00 $ 2,500.00 $
Sub Total Lincoln and Hill $ 36,401.00 $ 36,401.00 $ -
2015 Neighborhood DE * $ 45,000.00 $ 45,000.00 $ -
2015 Neighborhood CE* $ 130,000.00 0 $ 130,000.00
2015 Neighborhood Testing* 1 $ 20,000.00 1 0 $ 20,000.00
Sub Total 2015 Neighborhood $ 195,000.00 $ 45,000.00 $ 150,000.00
* 2015 program assumed$3M construction budget
Total Supplemental $ 230,351.00
$ 113,567.00 Not yet billed in 2014