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06-84 Resolution No. 06-84 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK FOR THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL UPGRADE PROJECT 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 a Second Amendment Agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick for the Central Business District Traffic Signal Upgrade Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk City of Elgin, Illinois Central Business District Traffic Signal Upgrade Project SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT, hereby made and entered into this % 7-/ day of 4 °2 c L , 2006, by and between the City of Elgin, an Illinois municipal corporation (hereafter referred to as the "CITY") and Hampton, Lenzini and Renwick, Inc., a State of Illinois Professional Design Firm: Professional and Structural Engineering Corporation (hereinafter referred to as the "ENGINEER"), shall modify that Agreement dated 28 April 2004 (hereinafter referred to as the "AGREEMENT"), and the First Amendment Agreement thereto, dated (hereinafter referred to as the "FIRST AMENDMENT AGREEMENT"), 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 downtown central business district (hereinafter referred to as the"PROJECT"). WHEREAS, the payment to the ENGINEER for construction engineering services was not included in the AGREEMENT or FIRST AMENDMENT AGREEMENT; and WHEREAS, the CITY desires to include payments to the ENGINEER to provide construction engineering for said PROJECT; and WHEREAS, the parties hereto desire to amend the AGREEMENT 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 AGREEMENT was signed; the changes provided for by this amendment agreement are germane to the 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 the AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT as follows: Section I(B) of the AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT is hereby amended to read as follows: 12. Construction engineering services shall consist of observation, staking, and coordination with CITY staff, downtown owners/developers, Downtown Neighborhood Association, and the contractor in the construction of the plans entitled "Traffic Signal Modernization and System Interconnect, Various Locations 2005." Page 1 of 3 Section I(C) of the AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT 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 AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT 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 $531,340, 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 $531,340. C. The following costs are included in the not-to-exceed fee of $531,340: 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 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 y� M By: By: — — City Clerk ity Manag_r (SEAL) For the ENGINEER: Dated this day of 1-Ped t-- , 2006. ATTEST: HAMPTON, LENZINI AND RENWICK, INC. By: c By: I/ � Executive Vice President Presi.ent/C.E.O. (SEAL) Page 3 of 3 OF E4 Ci ti Agenda Item No. City of Elgin E ho r r L �� , P II r' March 17, 2006 G ` 011 °" JN�� : oil lull N r:i TO: Mayor and Members of the City Council )%_I FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, AND QUALIT Y INFRASTRUCTURE FROM: Olufemi Folarin, City Manager John Loete, Public Works Dire or SUBJECT: Amendment No.2 to an 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 Amendment No.2 to an agreement with Hampton, Lenzini and Renwick (HLR) to add services for construction engineering for the Central Business District (CBD) Traffic Signal Upgrade project. llub. RECOMMENDATION It is recommended that the City Council authorize Amendment No. 2 to the agreement with HLR in the amount of$191,340.00 for construction engineering services on the CBD Traffic Signal Upgrade Project. BACKGROUND At its meeting on April 14, 2004, the City Council authorized an agreement with Hampton, Lenzini and Renwick (HLR) totaling $170,384.25 for preliminary engineering on the CBD Traffic Signal Upgrade Project. The work scope included a full investigation of the layout and functionality of the existing signal system, a comparison of the pros and cons of the existing one- way couplet of Chicago Street and Highland Avenue between State Street (IL Rte 31) and Center Street/Villa Street, and the preliminary design of a new, coordinated signal system as needed. On June 8, 2005, the City Council authorized Amendment No. 1 ($169,615.75) to HLR's agreement to add final design services. Amendment No. 2 (attached) provides for construction engineering services that include observation, staking, and coordination with City staff, downtown owners/developers, the Downtown Neighborhood Association, and the contractor in the construction of this project. The value of this amendment is $191,340.00 and brings HLR's total contract amount to $531,340. A • Amendment No. 2, CBD Traffic Signal Upgrade rib- March 17, 2006 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 7,fLFINANCIAL IMPACT The not-to-exceed value of the preliminary design contract with HLR was $170,384.25. The value of Amendment Number 1 with HLR added $169,615.75 for a total contract amount of $340,000. Amendment Number 2 with HLR in the amount of $191,340 will bring the final anticipated total contract amount to $531,340. Funding for this amendment ($3,600,000 budgeted and $3,274,487 available) is included in the Riverboat Fund, account number 275- 0000-791.93-80 ,"Public Ways and Street Improvements,"project number 339670, "Center City Traffic Signals. vf\19.1)LEGAL IMPACT None ALTERNATIVES rib. 1. Authorize Amendment No. 2 with HLR. 2. Do not authorize Amendment No. 2 with HLR. Respectfully submitted for Council consideration. (do) Attachment r