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08-286 Resolution No. 08-286 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR THE 2005-08 MOTOR FUEL TAX PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hampton,Lenzini and Renwick,Inc.for the 2005-08 Motor Fuel Tax Program, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is made and entered into this 34.4. day of , 2008, 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 the FIRST AMENDMENT AGREEMENT dated October 24, 2007 for providing certain professional engineering services for the same program for the year 2008 (hereinafter referred to as "First Amendment Agreement") . WHEREAS, the parties hereto have each determined it to be in their best interests to amend the Original Agreement as amended by the First Amendment Agreement (hereinafter collectively referred to as "Prior Agreements") to provide for additional design 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 Prior Agreements is hereby further 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 and of the City' s 2007 Neighborhood Street Overlay Program. " 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 Second Amendment Agreement to Section 2 . 2 thereof: "This is an maintenance contract that will include the oversight of the 2007 Neighborhood Street Overlay Program valued at a construction cost of $400, 000. " 3. The services to be provided by the ENGINEER pursuant to this Second Amendment Agreement shall be commenced upon execution of this Second Amendment Agreement and shall be completed by the ENGINEER as soon as is reasonably practicable but in no event later than the dates set forth in the Prior Agreements and Attachment "A" thereto. 4 . Payments to the Engineer under this Second Amendment Agreement shall be in accordance with Section IV of the Prior Agreements, and the attachments thereto. Attachment C of the Prior Agreements states that Preliminary Engineering Fees will be at 5% and Engineering Inspection Fees will be at 6% for this Second Amendment. 5. In the event of any conflict between the terms of this Second Amendment Agreement and the terms of the Prior Agreements, the terms of this Second Amendment Agreement shall control. 6. That except as amended by the Second Amendment Agreement, the terms of the Prior Agreements between the ENGINEER and the CITY shall remain in full force and effect . 7 . The changes to the Prior Agreements, as amended, provided by this Second Amendment Agreement are germane to the original contract as signed and the changes provided for herein are in the best interests of the City and authorized by law. 8 . The Prior Agreements as amended by this Second Amendment Agreement, are acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the Agreement as so amended, including but not limited to, Attachment A. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second Amendment Agreement on the date and year first written above. CITY OF ELGIN HAMPTON, LENZINI AND RENWICK, INC. By By elliAre d ock,010,60,r Diane M.la:kas ,$Q,eStde vre Attest: Attest : City C -MF � Secretar� i ;:'o FU1MjNls` .- i 14 4 kno, , ,7.-z;-, - ' 4_7' 111 :4D7 •0 • ,„,„ , , oi,1 rr.D\ ''' 5. November 13, 2008 141 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Second Amendment to Engineering Service Agreement with Hampton, Lenzini and Renwick for 2005-08 Motor Fuel Tax Program PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider adopting a Second Amendment to the Agreement with Hampton, Lenzini and Renwick, Inc. (HLR) for the 2005-2008 Motor Fuel Tax (MFT) Program to provide additional engineering services for the 2007 Neighborhood Street Overlay Program. RECOMMENDATION It is recommended that the City Council approve the Second Amendment to the Agreement with HLR to provide additional engineering services for the 2007 Neighborhood Street Overlay Program in the amount of $42,200 and authorize the City Manager 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. On October 10, 2007, the City Council approved the First Amendment to extend that agreement one year to include the 2008 MFT Program. The engineering services on the 2007 MFT program were not completed until mid-2008. At that time, it was realized that the agreement with HLR had not been properly amended to authorize the oversight of the paving work on the 2007 Neighborhood Street Overlay Program ($400,000 construction cost). That project had been bid concurrently with the 2007 MFT Intermittent Resurfacing Program because the work was exactly the same and the larger volume bid would Second Amendment to Agreement with HLR for 2005-08 MFT Programs November 13, 2008 Page 2 get better pricing. The award memo indicated that HLR would oversee the work and an amendment would be forthcoming. Attached is a copy of a proposed Second Amendment to the agreement with HLR to extend their services to include the Neighborhood Street Overlay Program. The work was done for the same percentage fee rate spelled out in the Illinois Department of Transportation regulations for MFT related work. The cost of the added engineering services is $42,200. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of the Second Amendment with HLR is $42,200. Funding for this amendment is in the Riverboat Fund, account number 275-0000-791.93-80, "Public Ways/Street Improvements," project number 339895, "Neighborhood Street Resurfacing 2007" ($400,000 budgeted and $42,374 available). LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Second Amendment with HLR as recommended. 2. The City Council may choose not to approve the Second Amendment with HLR. Respectfully submitted for Council consideration. JL Attachment y OF Et.0 City of Elgin g i n Memorandum 4 rFq , Date: December 10, 2008 To: John Loete, Public Works Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 08-286, Regarding the second amendment to the agreement with Hampton, Lenzini, and Renwick, Inc. for the 2005-08 Motor Fuel Tax Program Enclosed please find the above referenced agreement. 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.