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HomeMy WebLinkAbout97-266 Resolution No. 97-266 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Engineering Services Agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc . for engineering services for the Liberty Street rehabilitation project, a copy of which is attached hereto and made a part hereof by reference . s/ Kevin Kelly Kevin Kelly, Mayor Presented : November 5, 1997 Adopted : November 5, 1997 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . . ' PRELIMINARY/CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR MOTOR FUEL TAX FUNDS LOCAL AGENCY CONSULTANT Municipality: City of Elgin Name: Hampton, Lenzini and Renwick, Inc. Township: Elgin Address: 380 Shepard Drive County: Kane City: Elgin Section: 97-00162-00-RS State: Illinois 00123-7010 THIS AGREEMENT is made and entered into this day of Nm1/6fri E , 1977 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. SECTION DESCRIPTION Name: Liberty Street Route: Illinois Route 25 Length: 2.5 miles, more or less Structure No.: N/A Location: Illinois Route 25 (Bluff City Boulevard to Congdon Avenue) Dundee Avenue (Congdon Avenue to Page Avenue) Page Avenue (Dundee Avenue to Liberty Street) Description: Patching, resurfacing, curb and gutter removal and replacement, driveway approach removal and replacement, sidewalk repair, and miscellaneous appurtenances. Note: Four copies to be submitted to the District Engineer 6204\25dunpaA.a8, -1- AGREEMENT PROVISIONS THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the following checked engineering services for the LA in connection with the proposed improvement hereinbefore described: a. (X) Make such abbreviated surveys as are necessary for the preparation of abbreviated plan/proposal. b. ( ) Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the preparation of detailed bridge plans. c. ( ) Make or cause to be made such soil surveys or subsurface investigations including borings, and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ( ) Make or cause to be made such traffic studies and counts, and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ( ) Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, bridge waterway sketch and/or channel change sketch, utility plan and locations and railroad crossing work agreements. f. ( ) Prepare Preliminary Bridge Design and Hydraulic Report (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. (X) Make complete plan/proposal and estimates of cost and furnish the LA with 30 copies of the plan/proposal and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ( ) Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. (X) Assist the LA in the receipt and evaluation of plan/proposal and the awarding of the construction contract. j. (X) Furnish or cause to be furnished: (1) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by 6204\25dunpag.agr -2- the Bureau of Materials and Physical Research of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (3) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. (X) Furnish or cause to be furnished: (1) Construction observers and other technical personnel to perform the following work: (The number of such observers and other technical personnel required shall be subject to the approval of the LA.) (a) Continuous observation of the work and Contractor's operations for compliance with the plans and specifications as construction proceeds,but the ENGINEER does not guarantee the performance of the contract by the Contractor. (b) Establishment and setting of lines and grades. (c) Maintain a daily record of the Contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. (d) Supervision of construction observers, proportioning engineers and other technical personnel and the taking and submitting of material samples. (e) Revise contract plans to provide record drawings of the improvement for permanent record. 6204\25dunpag.agr -3- (f) Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records and reports required by the LA and the DEPARTMENT. 2. That the plan/proposal to be furnished by the ENGINEER pursuant to this AGREEMENT will be in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that such plan/proposal shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when required to do so by the LA or representatives of the DEPARTMENT. 4. In the event plan/proposal or construction staking are found to be in error during the construction of the SECTION and revisions of the plan/proposal or construction staking corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. 5. The basic survey notes and sketches, charts, computations and other data prepared or obtained by the ENGINEER pursuant to this AGREEMENT will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. 6. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. 7. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he/she proposes to use in fulfilling the requirements of this AGREEMENT. THE LA AGREES, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs la, 1g, 1 i, 2, 3, 5, and 6 in accordance with the following method: A sum of money equal to four percent (4%) of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. 2. To pay for services stipulated in paragraphs lb, lc, 1 d, le, 1 f, 1 h, 1j, and 1 k of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time spent in providing these services, the hourly rates to include profit, overhead, readiness to serve, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under paragraphs 1b, 1c, 1d, 1e, 1f, 1j, and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this work, the LA will pay the cost to the ENGINEER plus a 5% service 6204\25dunpag.agr -4- charge. "Cost to ENGINEER" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm including the Principal Engineer perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Grade Classification (9705) of Employee Hourly Rate Senior Engineer $90.00 Engineer 5 88.90 Engineer 4 76.95 Engineer 3 70.25 Engineer 2 63.75 Engineer 1 59.60 Engineer in Training 46.80 Senior Technician 76.95 Technician 6 62.70 Technician 5 59.65 Technician 4 53.35 Technician 3 46.75 Technician 2 39.25 Technician 1 34.10 Technician in Training 27.25 Clerical 2 49.35 Clerical 1 34.10 Accountant 46.55 The hourly rates itemized above shall be effective the date the parties hereunto entering this AGREEMENT have affixed their hands and seals and shall remain in effect until December 31, 1998. In the event services of the ENGINEER extend beyond December 31, 1998, the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. 3. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made as soon as practicable after the services have been performed, in accordance with the following schedule. a. Upon completion of abbreviated plan/proposal and estimate of cost—being the services required by paragraphs 1a through 1g under THE ENGINEER AGREES—to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee based on the above fee schedule and the approved estimate of cost. Direct cost of services by others shall be paid at 100% of the amount due. 6204\25dunpag.agr -5- b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee (excluding any fees for paragraphs 1j and 1 k of THE ENGINEER AGREES), based on the above fee schedule and the awarded contract cost, less any previous payment. c. Upon completion of the construction of the improvement, 90 percent of the fee due for services stipulated in paragraphs 1j and 1k. d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously paid. Partial payments not to exceed 90 percent of the amount earned shall be made from time to time as the services are provided. Retainage provisions shall not apply to the fee for direct cost of services by others. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a and 1 g, and prior to the completion of such services, the LA shall reimburse the ENGINEER for payroll costs incurred up to the time he is notified in writing of the abandonment at the hourly rates set forth in paragraph 2 above. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. 5. That should the LA require changes in the abbreviated plan/proposal or estimate (except for those required pursuant to paragraph 4 of THE ENGINEER AGREES) after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes at the hourly rates set forth in paragraph 2 above. It is understood that "changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans. 6. To furnish a Resident Engineer to be in responsible charge of general supervision of construction. 7. That the Contractor shall be required to indemnify and hold harmless both the LA and the ENGINEER from worker injury claims by including the following provision in the construction contract: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the LA, ENGINEER, ENGINEER'S SUBCONSULTANTS and their respective agents and employees (Indemnitees) from and against any and all claims, damages, losses, economic losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the work, provided that such claim, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, excluding any proportionate amount of any claim, damage, loss or expense which is caused by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. 6204\25dunpag.agr -6- In claims against any person or entity indemnified under this paragraph by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8. That the LA shall require the Contractor to name both the LA and the ENGINEER as additional insureds on the Contractor's general liability policy by including the following provision in the construction contract: The Contractor will obtain and maintain Commercial General Liability Insurance with broad form Property Damage coverage and contractual liability endorsement insuring the indemnity required of the Contractor. The LA and ENGINEER will be named as additional insureds on the Contractor's Commercial General Liability insurance policy. The additional insured endorsement included on the Contractor's Commercial General Liability policy will provide the following: a. That the coverage afforded the additional insureds will be primary insurance for the additional insureds with respect to claims arising out of operations performed by or on behalf of the Contractor; b. That if the additional insureds have other insurance which is applicable to the loss, such other insurance will be on an excess or contingent basis; c. That the amount of the company's liability under the insurance policy will not be reduced by the existence of such other insurance; and d. That the additional insureds will be given not less than 30 days prior written notice of any cancellation thereof. IT IS MUTUALLY AGREED, 1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, specifications, partial and completed estimates and data, if any, from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with paragraph 4 of THE LA AGREES. 6204\25dunpag.agr -7- 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER to solicit or secure this contract and that he/she has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the LA shall have the right to annul this contract without liability. 5. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques or procedures the Contractor elects to use to complete his work. Omitted services include, but are not limited to, shoring, scaffolding, underpinning, temporary retainment or excavations and any erection methods and temporary bracing. The LA shall indemnify and save harmless the ENGINEER against all loss, damage or expense that the ENGINEER may sustain as a result of any suits, actions or claims brought on account of inadequate project safety precautions. 6. That nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the LA or the ENGINEER. The ENGINEER'S services under this AGREEMENT are being performed solely for the LA's benefit, and no other entity shall have any claim against the ENGINEER because of this AGREEMENT or the performance or nonperformance of services hereunder. The LA agrees to include a provision in all contracts with contractors and other entities involved in this SECTION to carry out the intent of this paragraph. 6204\25dunpag.agr -8- IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: The City of Elgin of the State of Illinois, acting by and through its City Council ATTEST: By By City Clerk Mayor (SEAL) Executed by the ENGINEER this ZCday of CS 'p , 19 cj1 . Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive Elgin, Illinois 60123-7010 ATTEST: j/N , , •Ly 0,4,..,_..., BY r_ C.1`A _ iq.),..j...Ltl By ', Secretary Preside (SEAL) 6204\25dunpag.agr -9- HAMPTON, LENZINI AND RENWICK, INC. SPECIAL PROVISION FOR EMPLOYMENT PRACTICES In addition to all other labor requirements set forth in this proposal and in the "Standard Specifications for Road and Bridge Construction" adopted by the Illinois Department of Transportation, during the performance of this contract, Hampton, Lenzini and Renwick, Inc., its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: I. SELECTION OF LABOR The Engineer shall comply with all Illinois statutes pertaining to the selection of labor. II. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Engineer agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. B. That, if it hires additional employees in order to perform this contract or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service. D. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Engineer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Engineer in its efforts to comply with such Act and Rules and Regulations, the Engineer will promptly so notify the Illinois Department of Human Rights and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. E. That it will submit reports as required by the Department of Human Rights, Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. F. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. G. That it will include verbatim or by reference the provisions of this clause in every subcontract so that such provisions will be binding upon every such subconsultant. In the same manner as with other provisions of this contract, the Engineer will be liable for compliance with applicable provisions of this clause by all its subconsultants; and further it will promptly notify the contracting agency and the Illinois Department of Human Rights in the event any subconsultant fails or refuses to comply therewith. In addition, the Engineer will not utilize any subconsultant declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. STATE OF ILLINOIS DRUG FREE WORKPLACE CERTIFICATION This certification is required by the Drug Free Workplace Act(III. Rev.Stat., ch. 127, par. 152.311). The Drug Free Workplace Act, effective January 1, 1992, requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five years. For the purpose of this certification, "grantee" or"contractor" means a corporation, partnership or other entity with twenty-five(25) or more employees at the time of issuing the grant, or a department,division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. 1. Publishing a statement: a. Notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition. c. Notifying the employee that,as a condition of employment on such contract or grant, the employee will: (1) abide by the terms of the statement;and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the grantee's or contractor's policy of maintaining a drug free workplace; c. any available drug counseling, rehabilitation and employee assistance programs;and d. the penalties that may be imposed upon an employee for drug violations. 3. Providing a copy of the statement required by subparagraph 1 to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 4. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(2)of paragraph c of subsection 1 above from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted,as required by Section 5 of the Drug Free Workplace Act. 6. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY,THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. Hampton. Lenzini and Renwick, Inc. Printed Name of Organization Requisition/Contract/Grant A' 1„ I,�f.�' ID Number ignire of Auth'rized Representative H. David Newkirk. President /0/2-0/dr) Printed Name and Title Date I OF Et Agenda Item No. 4 — City of Elgin g ITI October 13, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT : Engineering Services Agreement Liberty Street (IL Route 25) Rehabilitation Project PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Hampton, Lenzini and Renwick (HLR) for the preparation of plans, specifications, cost estimates, bidding services and construction supervision for the Liberty Street Rehabilitation Project . BACKGROUND rm. The State Legislature appropriated $3 . 8 million for the rehabilitation of Liberty Street (IL Route 25) from Congdon Avenue to Bluff City Boulevard. A location map is attached as Exhibit A. One of the stipulations of the appropriation is that the funds must be encumbered before the end of June, 1998 . The Illinois Department of Transportation (IDOT) indicated that they would not be able to prepare documents and award a contract by June, 1998 . Therefore, the City has requested, and IDOT has agreed, to allow the City to manage the project . Because of the limited amount of time provided to prepare documents and award the project, it will be necessary to enter into an engineering services agreement on an expedited basis . The normal selection process utilized to hire a firm would require that the City solicit proposals, evaluate the proposals and recommend a firm to City Council . However, this procedure typically takes several months to complete. Because this lengthy process could jeopardize the completion of contract documents by the required deadline, staff is recommending that the City Council authorize entering into an engineering services agreement with HLR. HLR is a local firm who has provided engineering services for the City in the past . Most importantly, they are familiar with all IDOT requirements and will be able to prepare contact documents to allow a contract award by June, 1998 . HLR' s proposed fee has not been negotiated, but is based upon standard Motor Fuel Tax (MFT) policies . The MFT policy states , . Engineering Services Agreement Liberty Street October 13, 1997 Page 2 rft. that HLR will be paid 4% of the awarded construction contract cost for the design engineering. The construction engineering (inspection) costs will also be paid to HLR based upon actual time and expense in accordance with MFT policies . A copy of the Engineering Services Agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. A...FINANCIAL IMPACT 1 The Liberty Street Rehabilitation Project will be funded entirely with State funds . The project is estimated to cost $2 . 53 million, with engineering, design and inspection f\ totaling approximately $375, 000 . ,)-1 \ An intergovernmental agreement for transfer of funds is being presented to the City Council under separate cover. LEGAL IMPACT This proposal requires an exception to the Procurement Ordinance pursuant to the Elgin Municipal Code Section 5 . 02 . 020 B (6) . If the exception procedure is utilized, a two-thirds vote of the City Council (five votes) is required, r with a finding by the City Council that an exception to the requirements of the Procurement Ordinance is necessary and in the best interests of the City. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve the subject agreement with HLR and authorize staff to execute the necessary documents . Respectfully submitted, David L.L. Lawry, P D ' -eckor pf Publi orks Robrt 0. Malm rm. Int-rim City Manager SP/do Attachments ` JI I -11 11 I( 11 13 ` rt [L • ' /J _ ! MAaD CT/� ri T rani !m JI ~ \ �4 ! w ^ ^+ w m r '''11I \ ��ll.. Ti,y� J F 11 \y i• I .•' I AVE, . r tn* ,_),V.\ - zr,t ,I, . . • • , p 1 ,�,�� cAi oo I S ,MCO,M (\ 11 / Y p .. r ` f _ i 110 ,T �•^.y r o / r �J.= R ra I,,,__„_,,L i , . D �' ta. 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