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Home My WebLink About05-157 Resolution No. 05-157 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH WALKER PARKING CONSULTANTS/ENGINEERS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an amendment agreement on behalf of the City of Elgin with Walker Parking Consultants/Engineers, Inc. for professional services in connection with the Fulton Street Parking Deck, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 11, 2005 Adopted: May 11, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is hereby made and entered into this day of , 2005, by and between the CITY OF ELGIN, Illinois, a municipal co poration (hereinafter referred to as "CITY" ) and WALKER PARKING CONSULTANTS/ENGINEERS, INC. , a Michigan corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the parties hereto have hereby previously entered into an agreement dated April 30, 2004, whereby ENGINEER was engaged by CITY to perform certain professional services in connection with the property commonly known as the Fulton Street Parking Deck (hereinafter referred to as "Original Agreement") , a copy of which is attached hereto and incorporated herein as Attachment "B" ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend Original Agreement to provide for construction administration phase services to be provided by ENGINEER; and WHEREAS, the circumstances which necessitated this Amendment Agreement were not reasonably foreseeable at the time of the execution of Original Agreement, the provisions of this Amendment Agreement are germane to the Original Agreement as signed, and this Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree to amend Original Agreement as follows : 1 . Section I (B) is amended to add "ENGINEER'S services shall also include review of shop drawings, attendance at weekly progress meetings and job site observations, and punch list review. " 2 . At Section I (C) , Attachment "A" attached to this Amendment Agreement is added to Attachment "A" of Original Agreement . 3 . Section IV (A) is amended to read: "CITY shall pay to ENGINEER for services pursuant to this Agreement a total payment of Eighty-Five Thousand Five Hundred and no/100ths Dollars ($85 , 500 . 00) , regardless of actual time expended or costs incurred by ENGINEER unless substantial modifications to this agreement are authorized in writing by CITY. " 4 . The remainder of Original Agreement shall remain in full force and effect except as specifically amended hereby. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this First Amendment Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement . CITY OF ELGIN WALKER PARKING CONSULTANTS/ENGINEERS, INC. BY: By: /j4w,414) Olufeml Folari Thomas L. Hannula, P.E. City M Senior Vice President Attest : Ci y Clerk F•\Legal Dept\Agreement\Walker Parking-Fulton St Deck-Amend l.doc - 2 - ` City of Elgin Agenda Item No. E March 18, 2005 TO: Mayor and Members of the City Council FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES. AND QUALITY IN FRASTRUCTURE FROM: Olufemi Folarin, City Manager David Lawry, P.E., General Se ices Manager SUBJECT: Amendment No. 1 to an Agreement with Walker Parking Consultants/Engineers, Inc. for Construction Administration Phase Services for the Fulton Street Parking Deck Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to the engineering services agreement with Walker Parking for construction administration services for the Fulton Street Parking Deck Project. RECOMMENDATION It is recommended that City Council authorize Amendment No. 1 with Walker Parking in the amount of$45,500 and authorize staff to execute the necessary documents. BACKGROUND The original agreement with Walker Parking ($40,000) for preliminary engineering services was authorized by City Council on April 28, 2004. The scope of services included preparation of design/build documents, bidding phase services, evaluation of design build bids and design document review. The initial qualification selection process included a committee review of the submitted proposals as they relate to the phase II design work and the phase III construction observation services. Because the initial contract only included the design related services, a re-review of the construction related services was performed. The selection committee still finds that Walker is the most qualified firm to provide the construction related services. Amendment No. 1 ($45,500) will add construction phase engineering services to the agreement with Walker Parking. The scope of services will include shop drawing review, weekly progress meeting attendance, provide job site observation to verify quality of work and review of the project for final completion. Amendment No. 1 for Fulton St Parking Deck March 18,2005 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None P(4("FINANCIAL IMPACT Amendment Number 1 with Walker Parking Consultants totals $45,500. The revised not-to- exceed agreement amount will be $85,500. The total budget for this project(number 039528) is $10,542,000. Total expenditures and encumbrances to date are $9,473,514, leaving an available balance of $1,068,486. This amendment will be charged to the Riverboat Fund, account number 275-0000-791.92-36, `Buildings/Structures,"project number 039528. LEGALIMPACT �0"e agreement must be submitted to the legal department for review. ALTERNATIVES 1. Authorize Amendment No. 1 with Walker Parking. 2. Do not authorize Amendment No. 1 with Walker Parking. Respectfully submitted for Council consideration. do Attachment EXIIIBIT A Amendment No. 1 r City of Elgin,Illinois Fulton Street Parking Deck Construction Administration Phase Services Amendment No. 1 To The Agreement of Engineer's Services This Amendment No. 1 entered into this_day of ,2005,by and between the City Of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and Walker Parking Consultants/Engineers, Inc., a Michigan Corporation (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated April 30,', 2004,whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with the new Fulton Street Parking Deck (hereinafter referred to as "ORIGINAL AGREEMENT" and "PROJECT",respectively).. WHEREAS,ORIGINAL AGREEMENT(at paragraphs IV(A)and(B))provided for a payment of$40,000.00. WHEREAS,the project will be progressing to the Construction Administration Phase. WHEREAS,the City has requested ENGINEER provide Construction Administration Phase services A. The ENGINEER'S services shall include review of shop drawings, attendance at weekly progress meetings and job site observations,and review of the punch list. [ B. A detailed Scope of Services is attached hereto as Attachment"A". WHEREAS, the circumstances, which necessitated this amendment, were not reasonably foreseeable nor were they within the contemplation of the Agreement as executed,and NOW THEREFORE BE IT RESOLVED,that paragraphs IV(A)and(B)of the ORIGINAL AGREEMENT be revised to provide payment of$85,500.00. Further, that the Scope of Services contained within the ORIGINAL AGREEMENT be amended to include before mentioned additional services requested by the CITY and provided by the ENGINEER,and FURTHER BE IT RESOLVED,that the remainder of the ORIGINAL AGREEMENT shall remain in full force and effect except as Specifically modified herein. J:\31-6267-00-Fulton_Street_PD_ELGIN Wgreements\EngineerAmendmentNo.I.doc P seIof3 IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral Agreements that have not been reduced to writing in this statement. For the CITY: (SEAL) ATTEST: THE CITY OF ELGIN By: By: City Clerk City Manager For the ENGINEER: Dated this day of .A.D.,2004. (SEAL) ATTEST: Walker Parking Consultants/Engineers,Inc. y: By: 77" d ��v�r cQo,� s J.Gravee .,S.E. Thomas L.Hannula,P.E. Executive Vice President Senior Vice President 1:\31-6267-00-Fulton_Street_PD_ELGINW greements\EngineerAmendmentNo.l.doc Page 2 of 3 ATTACHMENT"A" SCOPE OF SERVICES Construction Administration 1. Review shop drawings, schedule and project test results for compliance with criteria documents. Review of shop drawings will be limited to verification for general conformance with criteria documents and approved plans following a complete check and approval of the shop drawings by the Architect/Firm of Record. 2. Attend weekly progress meetings and provide job site observations to verify the quality of work and conformance with criteria documents. Job site visits will be at intervals appropriate to the stage of construction. 3. Visit the site to review the punch list for the project at substantial completion. J:131-6267-00-Fulton_Street_PD_ELGM\Agreements\EngineerAmendmentNo,l.doc Page 3 of 3