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HomeMy WebLinkAbout09-69 Resolution No. 09-69 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. 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 third amendment agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for an extension to perform certain professional services in connection with the preliminary design of a modernized,interconnected traffic signal system in the downtown central business district, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 18, 2009 Adopted: March 18, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk City of Elgin, Illinois Central Business District Traffic Signal Upgrade Project THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT, hereby made and entered into this /0 day of 2009, by and between the City of Elgin, an Illinois municipal corporation (hereafter referred to as the "CITY") and Hampton, Lenzini and Renwick, Inc., a Delaware corporation (hereinafter referred to as the "ENGINEER"), shall further modify that Agreement dated April 28, 2004 (hereinafter referred to as the "AGREEMENT"), the First Amendment Agreement thereto, dated June 8, 2005 (hereinafter referred to as the"FIRST AMENDMENT AGREEMENT"), and the Second Amendment Agreement thereto, dated April 12, 2006 (hereinafter referred to as the "SECOND AMENDMENT AGREEMENT") between the parties hereto, whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with the preliminary design of a modernized, interconnected traffic signal system in the City's downtown central business district area (hereinafter referred to as the"PROJECT"). WHEREAS, the payment to the ENGINEER for a contract extension because the Contractor did not complete the PROJECT on time, necessitating additional construction engineering services, was not included in the AGREEMENT, FIRST AMENDMENT AGREEMENT, or SECOND AMENDMENT AGREEMENT; and WHEREAS, the parties hereto desire to amend the AGREEMENT, FIRST AMENDMENT AGREEMENT, and SECOND AMENDMENT AGREEMENT (hereinafter collectively referred to as "PRIOR AGREEMENTS") to provide increased payments to the ENGINEER and to provide additional construction engineering; and WHEREAS, the parties hereto desire to amend the PRIOR AGREEMENTS to provide for such additional services and payments. WHEREAS, the CITY has determined that the circumstances necessitating the change in performance were not reasonably foreseeable at the time the PRIOR AGREEMENTS were signed; the changes provided for by this amendment agreement are germane to the PRIOR AGREEMENTS as signed; and this amendment agreement is in the best interests of the CITY and is authorized by law; and WHEREAS, the changes provided for by this THIRD AMENDMENT AGREEMENT shall result in an overall total increase from the cost of the PRIOR AGREEMENTS in the amount of $109,309, which increase constitutes an increase of 20.5% above the cost of the PRIOR AGREEMENTS. 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 the PRIOR AGREEMENTS as follows: Section I(B) of the PRIOR AGREEMENTS is hereby amended to read as follows: 13. Construction engineering services provided in the SECOND AMENDMENT AGREEMENT will be extended by 24 weeks to cover the Contractor's working schedule to complete the PROJECT. Page 1 of 3 Section I(C) of the PRIOR AGREEMENTS is hereby amended to provide: The Scope of Services to be provided by the ENGINEER is attached hereto and incorporated herein as Attachment A. SECTION IV of the PRIOR AGREEMENTS is hereby replaced in its entirety with the following: IV. PAYMENTS TO THE ENGINEER A. For services provided, the ENGINEER shall be paid at the rate of 3.03 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $640,649, regardless of the actual costs incurred by the ENGINEER. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five percent. Any such fees are included in the above-referenced amount of$640,649. C. The following costs are included in the not-to-exceed fee of$640,649: Preliminary Design Preliminary Signal System Design $ 81,600 HLR Direct Costs (Preliminary Design) $ 2,650 Land Strategies, Inc. (subconsultant fee) $ 21,800 Business Districts, Inc. (subconsultant fee) $ 3,950 Final Design Final Design System Design (Plans, Specifications, and Estimates) $224,650 HLR Direct Costs (Final Design) $ 350 Traffic Systems Solutions Co. (subconsultant fee) $ 5,000 Construction Engineering Construction Observation, Coordination, and Staking $191,340 Extra Work necessary because Contractor did not complete PROJECT on time $109,309 D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Invoices for services provided will be submitted on a monthly basis, with payment being due within 30 days of the date of invoice. All other provisions of the AGREEMENT shall remain in full force and effect. Page 2 of 3 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: ATTEST: THE CITY OF ELGIN, ILLINOIS By: By: City Clerk City Manager (SEAL) For the ENGINEER: Dated this day of T-e- 1(\--)c.-02_•^- , 2009. ATTEST: HAMPTON, LENZINI AND RENWICK, INC. By: 1 / Secretary ident (SEAL) �'Y 3 4,000 � fiMfpi r of Page3of3 z.< February 26, 2009 TO: Mayor and Members of the City Council r, "j t17/17A I.tii}\i.tl%il' FROM: Olufemi Folarin, City Manager City c,()Per•,11„1'171 John Loete, Public Works Director SUBJECT: Third Amendment to Agreement with Hampton, Lenzini and Renwick for the Central Business District Traffic Signal Upgrade Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of the Third Amendment to the Agreement with Hampton, Lenzini and Renwick for extra construction management services on the Central Business District Traffic Signal Upgrade Project. RECOMMENDATION It is recommended that the City Council approve the attached Third Amendment Agreement with Hampton, Lenzini and Renwick for the Central Business District Traffic Signal Upgrade Project at a cost of$109,309. BACKGROUND The City entered into an agreement with Hampton, Lenzini and Renwick (HLR) on April 28, 2004 to do the preliminary design of the new traffic signal system in the Central Business District (CBD). After getting direction on key design parameters, the agreement was amended on June 8, 2005 to include the final design of new signals for 14 intersections, including a computerized interconnect system to coordinate them. On April 12, 2006, the Second Amended Agreement was approved to include construction management/inspection during the building of the project. Attached is the proposed Third Amended Agreement to add additional work scope for inspection and management services during the construction of the project. The bid for construction of the project was awarded to Lyons Electric Company on March 22, 2006 for a cost of$3,108,185.10. The project experienced many underground utility conflicts in the old downtown area plus it suffered from poor contractor performance. By the time of completion, it had run approximately 13 months beyond the scheduled seven months for construction. Due to the difficulties on the project, many more hours were required of HLR staff for expanded scope work items including repeated re-inspections of work and multiple meetings Third Amendment Agreement with HLR for CBD Traffic Signal Upgrade Project February 26, 2009 Page 2 to dispute invoices and negotiate revised schedules. By the time the project was closed out for $3,014,346.76, HLR had worked an additional 1,378 man-hours during the 13 month added time frame. The proposed Third Amendment Agreement (attached) agrees to pay HLR for an additional 1,080 hours for a cost of$109,309. The hours being addressed are detailed by employee in the agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of the Third Amendment Agreement with HLR is $109,309. Partial funding is included in the Riverboat Fund, account number 275-0000-791.93-80, "Public Ways and Street Improvement", project number 339670, Center City Traffic Signals ($3,300,000 budgeted and $6,987 available). The remaining funding ($102,322) can be found in the Central Area Tax Increment Financing (TIF) Fund, account number 262-0000-791.92-32, Land Improvements where $6.048 million is budgeted and $4.758 is available. A budget adjustment will be necessary. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Third Amendment Agreement with HLR for $109,309. 2. The City Council may choose not to approve the Third Amendment Agreement with HLR. Respectfully submitted for Council consideration. JL Attachment .(0OFE45: t. 0. City of Elgin Memorandum Date: April 2, 2009 To: John Loete, Public Works Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-69, adopted at the March 18, 2009 City Council Meeting Enclosed you will find the agreement listed below. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Third Amendment Agreement with Hampton, Lenzini and Renwick, Inc. City of Elgin, Illinois Central Business District Traffic Signal Upgrade Project THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT, hereby made and entered into th•is la ""' day of 42tGr ,a/V , 2009, by and between the City of Elgin, an Illinois municipal corporation (hereafter referred to as the "CITY") and Hampton, Lenzini and Renwick, Inc., a Delaware corporation (hereinafter referred to as the "ENGINEER"), shall further modify that Agreement dated April 28, 2004 (hereinafter referred to as the "AGREEMENT"), the First Amendment Agreement thereto, dated June 8, 2005 (hereinafter referred to as the "FIRST AMENDMENT AGREEMENT"), and the Second Amendment Agreement thereto, dated April 12, 2006 (hereinafter referred to as the "SECOND AMENDMENT AGREEMENT") between the parties hereto, whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with the preliminary design of a modernized, interconnected traffic signal system in the City's downtown central business district area (hereinafter referred to as the"PROJECT"). WHEREAS, the payment to the ENGINEER for a contract extension because the Contractor did not complete the PROJECT on time, necessitating additional construction engineering services, was not included in the AGREEMENT, FIRST AMENDMENT AGREEMENT, or SECOND AMENDMENT AGREEMENT; and WHEREAS, the parties hereto desire to amend the AGREEMENT, FIRST AMENDMENT AGREEMENT, and SECOND AMENDMENT AGREEMENT (hereinafter collectively referred to as "PRIOR AGREEMENTS") to provide increased payments to the ENGINEER and to provide additional construction engineering; and WHEREAS, the parties hereto desire to amend the PRIOR AGREEMENTS to provide for such additional services and payments. WHEREAS, the CITY has determined that the circumstances necessitating the change in performance were not reasonably foreseeable at the time the PRIOR AGREEMENTS were signed; the changes provided for by this amendment agreement are germane to the PRIOR AGREEMENTS as signed; and this amendment agreement is in the best interests of the CITY and is authorized by law; and WHEREAS, the changes provided for by this THIRD AMENDMENT AGREEMENT shall result in an overall total increase from the cost of the PRIOR AGREEMENTS in the amount of $109,309, which increase constitutes an increase of 20.5% above the cost of the PRIOR AGREEMENTS. 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 the PRIOR AGREEMENTS as follows: Section I(B) of the PRIOR AGREEMENTS is hereby amended to read as follows: 13. Construction engineering services provided in the SECOND AMENDMENT AGREEMENT will be extended by 24 weeks to cover the Contractor's working schedule to complete the PROJECT. Page 1 of 3 Section I(C) of the PRIOR AGREEMENTS is hereby amended to provide: The Scope of Services to be provided by the ENGINEER is attached hereto and incorporated herein as Attachment A. SECTION IV of the PRIOR AGREEMENTS is hereby replaced in its entirety with the following: IV. PAYMENTS TO THE ENGINEER A. For services provided, the ENGINEER shall be paid at the rate of 3.03 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $640,649, regardless of the actual costs incurred by the ENGINEER. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five percent. Any such fees are included in the above-referenced amount of$640,649. C. The following costs are included in the not-to-exceed fee of$640,649: Preliminary Design Preliminary Signal System Design $ 81,600 HLR Direct Costs (Preliminary Design) $ 2,650 Land Strategies, Inc. (subconsultant fee) $ 21,800 Business Districts, Inc. (subconsultant fee) $ 3,950 Final Design Final Design System Design (Plans, Specifications, and Estimates) $224,650 HLR Direct Costs (Final Design) $ 350 Traffic Systems Solutions Co. (subconsultant fee) $ 5,000 Construction Engineering Construction Observation, Coordination, and Staking $191,340 Extra Work necessary because Contractor did not complete PROJECT on time $109,309 D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Invoices for services provided will be submitted on a monthly basis, with payment being due within 30 days of the date of invoice. All other provisions of the AGREEMENT shall remain in full force and effect. Page 2 of 3 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: ATTEST: THE CITY OF ELGIN, ILLINOIS I' � er (SEAL) 0 /• :`i� '2 R For the ENGINES• . /ft D 10` Dated this `t- day of Fts,v , 2009. ATTEST: HAMPTON, LENZINI AND RENWICK, INC. ,a`;`` r.:, •, t+,,,,A`' N. 'may A-U-L1-5> By: Co 2t Secretary sident .„-E4ig:04/14LIF .:,, TI Ili Page 3 of 3