05-157 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
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` 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.
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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
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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.
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