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HomeMy WebLinkAbout07-255 Resolution No. 07-255 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. (2008 Motor Fuel Tax Programs) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a First Amendment Agreement on behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc. for additional design engineering services for the 2008 Motor Fuel Tax Programs, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 24, 2007 Adopted: October 24, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this ll -- day of pu-r>P.E,� , 2007, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as `CITY") and HAMPTON, LENZINI AND RENWICK, INC. , an Illinois corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the parties hereto have previously entered into an agreement dated December 1, 2004, for the ENGINEER to furnish certain professional services in connection with the Motor Fuel Tax Maintenance Engineering Services program (hereinafter referred to as "Original Agreement") ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend the Original Agreement to provide for additional design and inspection services by the ENGINEER; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows : 1 . Section I . B of the Original Agreement is hereby amended to read as follows : "The engineer will assist the City with the overall coordination of the City' s MFT program for years 2005- 2008 . " 2 . Attachment "A" of the Original Agreement, entitled "Scope of Work and Services" is hereby amended by adding the following additional services to be provided under this First Amendment Agreement to Section 2 . 2 thereof: "This is an annual maintenance contract that can be effective for a fourth year from November 1, 2007 . " 3 . The services to be provided by the ENGINEER pursuant to this First Amendment Agreement shall be commenced upon execution of this First Amendment Agreement and shall be completed by the ENGINEER as soon as is reasonably practicable but in no event later than the dates set forth in the Original Agreement and Attachment "A" thereto. " a 4 . Payments to the Engineer under this First Amendment Agreement shall be in accordance with Section IV of the Original Agreement, and the attachments thereto. 5 . In the event of any conflict between the terms of this First Amendment Agreement and the terms of the Original Agreement, the terms of this First Amendment Agreement shall control . 6. That except as amended by the First Amendment Agreement, the terms of the Original Agreement between the ENGINEER and the CITY shall remain in full force and effect . 7 . The changes to the Original Agreement, as amended, provided by this First Amendment Agreement are germane to the original contract as signed and the changes provided for herein are in the best interests of the City and authorized by law. 8 . The Original Agreement as amended by this First Amendment Agreement is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the Agreement as so amended, including but not limited to, Attachment A. IN WITNESS WHEREOF, the parties hereto have entered into and executed this First Amendment Agreement on the date and year first written above. CITY OF ELGIN HAMPTON, LENZINI AND RENWICK, INC. A By IL _ � _ By • Olufemi olarin David H. Hinkston Cit Man. : C. E. O. Attest: Attest : By �� .�. �,z, - By //LICS iL SP;74/4— City Clerk Vice President , ' rt, October 5, 2007 %I TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Amendment to Agreement with Hampton, Lenzini and Renwick for Engineering Services for the 2008 Motor Fuel Tax Programs PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider adopting an amendment to an agreement with Hampton, Lenzini and Renwick, Inc. (HLR) to provide engineering services for the contract maintenance portion of the 2008 Motor Fuel Tax (MFT) Program. RECOMMENDATION It is recommended that the City Council approve the amendment to the agreement with HLR to provide engineering services for the contract maintenance portion of the MFT Program and authorize staff to execute the necessary documents. BACKGROUND On December 1, 2004, the City entered in to an agreement with HLR for engineering design services and maintenance contract management/inspection for the contract programs funded by the MFT Fund for a three year period (2005-2007). The programs included are pavement striping, traffic signal painting, bridge maintenance, intermittent resurfacing, unimproved street resurfacing, crack sealing and traffic signal maintenance. That contract is about to expire and staff is requesting that it be extended for one year. HLR has performed this work for six years and has staff that is extremely familiar with our programs and the long term plans for those programs. Staff lost the in-house coordinator for those programs in 2007 and would benefit greatly from the greater continuity and stability of retaining HLR on the projects one more year. An RFP for a new contract will be done during the summer of 2008 to allow more time for the transition. Attached is a copy of a proposed First Amendment to the agreement with HLR to extend their services through 2008. Since no consultant selection process was done at this time, the approval of this amendment is an exception to the procurement ordinance. f • Amendment to Agreement With HLR for 2008 MFT Engineering Services October 5, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Based on the anticipated MFT maintenance contract budget for 2008, fees for the engineering services will not exceed $160,000. Funding for this agreement are in the MFT Fund account number 290-0000-791.41-10, "Maintenance Engineering". The funds are programmed annually via the Estimate of Maintenance Costs and accompanying resolution approved by City Council each year in February LEGAL IMPACT The proposed contract extension would require an exception to the procurement ordinance. Exceptions to the procurement ordinance require the affirmative vote of two-thirds of the members of the City Council. ALTERNATIVES 1. The City Council may choose to approve the amendment with HLR as recommended. 2. The City Council may choose not to approve the amendment as recommended. Respectfully submitted for Council consideration. do Attachment