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15-31 Resolution No. 15-31 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WILLS, BURKE, KELSEY ASSOCIATES, LTD. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MOTOR FUEL TAX (MFT) PROJECTS 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. 1 on behalf of the City of Elgin with Wills, Burke, Kelsey Associates, Ltd. for certain professional services in connection with the Motor Fuel Tax (MFT) Projects, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 25, 2015 Adopted: February 25, 2015 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 25th day of February , 2015, 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 limited corporation (WBK) (hereinafter referred to as the "Engineer"). WHEREAS, the City and the Engineer have previously entered into an agreement dated February 27, 2013, whereby the City engaged the Engineer to furnish certain professional services in connection with Motor Fuel Tax (MFT) projects, also referred to as Annual Roadway Projects (hereinafter referred to as the "Subject Agreement"); and WHEREAS, the original term of the Subject Agreement continues until December 31, 2015; and WHEREAS, the parties hereto have determined that it is in their best interests to amend the Subject Agreement to provide for a 2015 proposed project cost with fee structure. NOW, THEREFORE, for and in consideration of the mutual understaking 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 4 of the Subject Agreement is hereby amended by adding new subparagraphs D and E thereto to read as follows: "D. For services to be provided by the Engineer pursuant to this agreement during 2015, the Engineer shall be paid on a percentage basis as identified in the Engineer's proposal attached hereto as Attachment A, with the total fees to be paid to the Engineer not to exceed $130,300 in 2015 unless substantial modifications to the anticipated scope of services are authorized in writing by the City and approved by way of written amendment to this agreement. The table below is an estimate of the 2015 project cost and resulting estimated fees to be paid to the Engineer pursuant to this agreement: 2015 PROPOSED PROJECT COST WITH FEE STRUCTURE Project Testing Maint. Design Construction Material Management Management Project Group Construction Engineering Engineering Testing (5%of Cost Cost Testing) Base Fee @ $1,250 for 5 sets n/a n/a n/a n/a n/a n/a $6,250 of bid documents Pavement Marking-Paint IV $350,000 $17,500 $21,000 n/a n/a $38,500 /Epoxy/ Polyurea Traffic Signal— IIB $50,000 $1,500 $1,500 n/a n/a $3,000 Painting Asphalt— IIB $200,000 $6,000 n/a n/a n/a $6,000 Material Sidewalk IV $50,000 $2,500 $3,000 $1,000 $50 $6,550 Program LED Lighting IV $3,000,000 $25,000 $45,000 n/a n/a $70,000 Replacement Management $130,300 Cost E. For outside services provided by other firms or subconsultants, the City shall pay the Engineer the amount of the invoice fee plus an additional five percent (5%) of the cost of outside services. Any such fees of other firms or subconsultants are included within the not-to-exceed fees for this agreement for 2015 of$130,300 referred to in Section 4D hereof." 2. That Attachment C to the Subject Agreement is hereby amended by adding thereto the listing of the Engineer Standard Charges for Professional Services for 2015 attached hereto as Attachment C-1. 3. That 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. 2 5. That in the event of any conflict with the terms of the Subject Agreement, and the provisions of 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. FOR THE CITY: FOR THE ENG'1 EER: /x By i/i.i / _iJ By: •ity Manager Name/Prin Title: /47,thA/#lft 4/ i/G'e" /0414 49(_. Attest: 016CW/kati steee-A City Clerk F:\Legal Dept\Agreement\Wills Burke-Amendment#1-Motor Fuel 2015.docx 3 ATTACHMENT C-1 WILLS BURKE KELSEY ASSOCIATES, LTD. 2015 Standard Charges for Professional Services Classification jiourly Rate Principal $ 210 Engineer VI $ 203 Engineer V $ 175 Engineer IV $ 140 Engineer III $ 112 Engineer II $ 94 Engineer I $ 84 Engineering Technician IV $ 138 Engineering Technician III $ 116 Engineering Technician II $ 97 Engineering Technician I $ 81 Senior Structural Engineer $ 162 Senior Soil/Environmental Scientist V $ 162 Soil/Environmental Scientist $ 110 Environmental Resource Specialist IV $ 118 Environmental Resource Specialist III $ 90 Environmental Resource Specialist II $ 81 Environmental Resource Specialist I $ 75 Urban Planner VI $ 175 Urban Planner V $ 144 Urban Planner IV $ 120 Urban Planner III $ 94 Urban Planner II $ 80 Landscape Architect $ 90 Professional Land Surveyor $ 130 GIS Analyst $ 95 Engineering Intern $ 45 Administrative $ 77 Office Professional $ 62 Direct Costs: Copies&Prints, Messenger&Delivery Services, Mileage, etc. Cost+10% Charges include overhead and profit. Wills Burke Kelsey Associates, Ltd. reserves the right to increase rates and costs by 5%annually. 4