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Home My WebLink About08-67 City of Elgin July 1, 2011 RE: Resolution No. 08-67 First Amendment to the Intergovernmental Agreement with the Fox River Water Reclamation District (FRWRD) for the Lime Waste Disposal Main Project To Whom It May Concern: The document listed above was sent out for signatures to another entity and an executed copy was never returned to the City Clerk's office for record retention. Attached is the un-executed copy that was sent out for signature. Thank you. Resolution No. 08-67 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT 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 a First Amendment to the Intergovernmental Agreement with the Fox River Water Reclamation District(FRWRD) for the Lime Waste Disposal Project. s/ Ed Schock Ed Schock, Mayor Presented: March 12, 2008 Adopted: March 12, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SPEED MESSAGE TO FROM ----------- j U1 SU JECT DATE- K, -X SIGNED� WilsonJoneS® WHITE—ORIGINAL CANARY—DUPLICATE 44-900-Duplicate FIRST ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT REGARDING A FORCE MAIN PROJECT BETWEEN THE CITY OF ELGIN AND THE FOX RIVER WATER RECLAMATION DISTRICT THIS FIRST ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT REGARDING A JOINT FORCE MAIN PROJECT ("First Addendum") dated as of this of 2009, by and between the City of Elgin, Illinois (the "City"), an Illinois municipal corporation and the Fox River Water Reclamation District, a municipal corporation of Kane and Cook counties, Illinois, being a sanitary district organized pursuant to the Sanitary District Act of 1917 (70 ILCS 2405/11 et seq.) (the"District"). WHEREAS, the City and the District are parties to a certain Intergovernmental Agreement regarding a Joint Force Main Project (the "Project"), dated July 3, 2007 (the "Intergovernmental Agreement"), attached hereto as Exhibit A and incorporated herein by this reference; and, WHEREAS, pursuant to the Intergovernmental Agreement, the City and the District have agreed to share certain costs of construction of separate sludge disposal force main projects; and, WHEREAS, the City and Burns & McDonnell (the "Engineer") have previously entered into an Engineering Services Agreement, dated March 8, 2006, attached hereto as Exhibit B and incorporated herein by this reference, whereby the Engineer is to provide certain engineering services relating to the Project; and, WHEREAS, the City and the District now wish to modify and amend the Intergovernmental Agreement to incorporate certain amendments to the Engineering Services Agreement between the City and the Engineer with respect to the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and the District agree as follows: I. First Amendment Agreement A. The City and the District agree that Burns & McDonnell is to provide certain engineering design services relating to the Project, as set forth in the First Amendment Agreement to the Engineering Services Agreement, attached hereto as Exhibit C and incorporated herein by this reference. B. The City and the District agree that the allocation of the fees for the engineering services to be provided by Burns & McDonnell pursuant to the Engineering Services Agreement and the First Amendment Agreement shall be paid in accordance with the allocation set forth in Attaclunent C to the First Amendment Agreement. II. Second Amendment Agreement A. The City and the District agree that Burns & McDonnell is to provide certain engineering construction phase services relating to the Project, as set forth in the Second Amendment Agreement to the Engineering Service Agreement, attached hereto as Exhibit D and incorporated herein by this reference. B. The City and the District agree that the allocation of the fees for the engineering services to be provided by Burns & McDonnell relating to the Second Amendment Agreement shall be paid in accordance with the allocation set forth in Attachment C to the Second Amendment Agreement, which provides that the City and the District shall equally share the fees for said engineering services, rather than pro rata as provided for in paragraph 8 of the Intergovernmental Agreement. III. Miscellaneous A. Joint Work Product. This First Addendum is and shall be deemed and construed to be the joint and collective work product of the District and the City and, as such, this First Addendum shall not be construed against either party, as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict,if any, in the terms or provisions contained herein. B. Authority. Each party represents that it has been duly authorized by all appropriate corporate action to execute and enter into this First Addendum. C. Conflict. In the event of any conflict between the provisions of this First Addendum and any provision in the Intergovernmental Agreement, the provisions of this First Addendum shall be controlling. Any provision of the Intergovernmental Agreement not hereby modified or amended shall remain in full force and effect. SIGNATURE PAGE FOLLOWS 2 IN WITNESS WHEREOF, the parties hereto have executed this First Addendum as of the date following their respective signatures. CITY OF ELGIN, an Illinois FOX RIVER WATER RECLAMATION municipal corporation DISTRICT, an Illinois municipal corporation sy: By' Ed Schock,Mayor President Attest: Attest: Diane Robertson, ty Clerk Dated: 1202 Dated: , 2009 3 February 22, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: First Amendment to the Intergovernmental Agreement with Fox River Water Reclamation District for the Lime Waste Disposal Main Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing an amendment to the previously signed agreement with the Fox River Water Reclamation District (FRWRD) for the joint venture to construct the additional Lime Waste Disposal Main for the Water Department. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the Amendment to the Intergovernmental Agreement with FRWRD. BACKGROUND The 2006 Budget included a project to design a redundant Lime Waste Disposal Main from the Riverside Water Treatment Plant (WTP). Since the Riverside WTP is a lime-softening facility, lime residue waste is produced and is pumped from the WTP to the sludge disposal lagoons located off South McLean Boulevard. There are six individual cells at the lagoon site, all of which are in a continual rotation of filling, drying and emptying. The additional Lime Waste Disposal Main will handle the increased sludge production that will be a by-product of our increased water production. The new line will be used in conjunction with the existing 8" line. An agreement with FRWRD was authorized by the council at the June 13, 2007 meeting. The changes to the agreement address the basic responsibilities of the two parties for project design and plan review. The original agreement prorated the engineering costs based upon the size of the pipes for each party (64% City/36% FRWRD), assuming a different level of effort on the part of the engineers. Upon actual execution of the agreement, it was determined by both parties that a 50/50 split of all engineering costs was more practical. The cost for all engineering services associated with the project total $850,000. Therefore the change in percentage will lower the Amendment to the Agreement with FRWRD for the Lime Waste Disposal Main Project February 22, 2008 Page 2 overall engineering costs to the City by 119,000. A copy of the Amendment to the Intergovernmental Agreement is attached. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT It is anticipated that by entering into this agreement, the City of Elgin and FRWRD will share costs where applicable. The proposed agreement requires the City to pay the "shared expenses" and receive reimbursement from FRWRD. Lime Residue Disposal Main design services fees are budgeted in the water portion of the 2005 General Obligation Bond Fund account number 365-4000-795.93-41, "Capital Additions/Distribution System", project number 409665. The design phase is complete. A total of $5,260,000 has been budgeted for the project. There are sufficient funds budgeted ($4,698,000) and available ($2,697,000) in the 2007 Water Development Fund account number 420-0000-771.92-41, "Capital Additions-Distribution System", project number 409691, "Waste Disposal Line" for the construction of this line LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of the Amendment to the Intergovernmental Agreement. 2. The City Council may choose not to authorize execution of the Amendment to the Intergovernmental Agreement. Respectfully submitted for Council consideration. KJ Attachment ---- ----- — — Page 1 (3/1412008) Kathy Granzow- Re: FRWRD-Lime Waste Disposal Main 1st Amendment Agreement _ From: Mary Giffort To: Bityou, Peter Date: 3/13/2008 3:33 PM Subject: Re: FRWRD-Lime Waste Disposal Main 1st Amendment Agreement CC: Granzow, Kathy; Robertson, Diane Kathy,please send Peter a copy of this agreement. (C-3 on 3-12-08 agenda)Thanks much Mary Giffort Legal Secretary/Paralegal City of Elgin-Legal Department 150 Dexter Court Elgin,IL 60120-5555 Phone: 847/931-5656 Fax: 847/931-5665 >>> Peter Bityou 3/13/2008 3:28 PM >>> Hi Mary, I like to have a copy of the amendment to the agreement after it is signed. Jay Strigel from FRWRD asked me about the amendment. Thanks Peter Bityou >>> Mary Giffort 2/28/2008 11:56 am >>> OK.Will put on 3-12-agenda thanks Mary Giffort Legal Secretary/Paralegal City of Elgin-Legal Department 150 Dexter Court Elgin,IL 60120-5555 2 l Phone:847/931-5656 v I� Fax: 847/931-5665 / �� >>> Peter Bityou 2/28/2008 11:54 AM >>> Mary, Let the City sign it first then send it to FRWRD for their signature. Peter Bityou >>> Ma ry Giffort 2/28/2008 8:45 am >>> Attached is a resolution in connection with the above matter. Do we sign this first,or does FRWRD?? Please let me know. Mary Giffort Legal Secretary/Paralegal City of Elgin-Legal Department 150 Dexter Court Elgin,IL 60120-5555 Phone: 847/931-5656 Fax: 847/931-5665