07-255 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.
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Attachment