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Home My WebLink About02-125 Resolution No. 02-125 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH VANDEWALLE AND ASSOCIATES FOR THE ADMINISTRATION OF THE ILLINOIS EPA BROWNFIELDS REDEVELOPMENT GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to a Professional Services Agreement on behalf of the City of Elgin with Vandewalle and Associates for the coordination and administration of the Illinois Environmental Protection Agency Brownfields Redevelopment Grant, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 27, 2002 Adopted: March 27, 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT AGREEMENT made and entered into this 21st day of March, 2002 , by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as the "City" ) , and VANDEWALLE & ASSOCIATES, a Wisconsin corporation, authorized to do business in the State of Illinois (hereinafter referred to as the "Consultant" ) . WITNESSETH WHEREAS, the City and the Consultant have previously entered into a Professional Services Agreement dated April 24 , 2001, wherein Consultant provided to the City certain consulting services regarding the preparation and submital of an application on behalf of the City of Elgin to the Illinois Environmental Protection Agency Brownfield Grant Program. WHEREAS, the City has determined it to be necessary and desirable to obtain the further assistance of the Consultant to provide continued consulting services regarding the co-ordination and administration of the Brownfield Grant for properties located at 35 Ann Street, 520 McBride Street and 502 North Grove Avenue, and any other properties that become the subject of the City' s current IEPA Brownfields Redevelopment Grant project . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1. The Professional Services Agreement between the City and the Consultant dated April 24, 2001, is hereby amended as follows: a. Paragraph 1 entitled "Scope of Work" is amended by adding an additional paragraph thereto to read as follows: "Consultant shall also perform and direct the necessary qualified personnel to perform the professional services as set forth in the Scope of Services documents entitled "VANDEWALLE CONTRACT EXTENSION", consisting of two(2)pages,attached hereto and made a part hereof as Exhibit 1-B" b. Paragraph 2 entitled "Schedule and Term" is amended by adding an additional paragraph thereto to read as follows: "The Consultant's responsibility to provide the services in Exhibit 1-B shall commence as of March 28, 2002 and shall continue through the term of the Illinois Environmental Protection Agency Brownfield Remediation Grant. c. Paragraph 3 entitled"Fees"is amended by adding subparagraph D thereto to read as follows: "Payments for services provided by the Consultant set forth in Exhibit 1-B hereof shall be reimbursed at the hourly rate of its professional and technical personnel as set forth on Exhibit 2 attached hereto and made a part hereof by this reference with the total fees and expenses due to be paid to the Consultant for the services described in Exhibit 1-B not to exceed$35,300 regardless of actual time expended or actual costs incurred by the Consultant unless material modifications to the Consultant's Scope of Services are authorized in writing by the City and approved by the City Council." d. A new paragraph 32 is hereby added to the Professional Services Agreement to read as follows: "The City agrees to provide Consultant with all base maps,blueprints,aerial photos,studies,reports,and ordinances reasonably necessary to complete the services in Exhibit 1-B. Consultant may reasonably rely on the accuracy and completeness of these items. City agrees to provide these items and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Consultant." 2. That except as expressly amended herein the terms of the Professional Services Agreement between the City and the Consultant dated April 24, 2001, shall remain in effect and shall apply to the additional services to be performed by the Consultant as described in this Amendment Agreement and as set forth in Exhibit 1-B hereto. IN WITNESS WHEREOF,the parties hereto have entered into and executed this amendment agreement on the date and year first written above. CITY OF ELGIN VANDEWALLE&ASSOCIATES - N, V By: By: !`.a Brian Vandewalle, Owner (-w > Attest: cl-49-14—,42 Oro 2- Clerk: VANDEWALLE CONTRACT EXTENSION Term: March 28 through completion of Brownfield Remediation Grant dated January 15, 2005 Article I Scope of Work 1. VANDEWALLE&ASSOCIATES agrees to provide the following"Services": A. Assistance with the administration of the IEPA BRG grant according to the program guidelines. B. Assistance with the project management and implementation oversight of the City of Elgin's Brownfield Redevelopment Initiative. C. Assistance with the enrollment and advancement of the subject sites, the Elgin Lumber Yard and the Former Elgin Lumber Yard properties, in the Illinois Site Remediation Program in pursuit of a No Further Remediation letter(s). This includes assistance with properties that are later added through amendment to the City's IEPA BRG grant project. 2. Coordination of IEPA BRG project work with related initiatives including the City's Riverfront/Center City Master Plan. A. Assistance to City staff with amendments and progress report writing required by IEPA. B. Assistance with fiscal reports/vouchering. C. Progress report presentations to City Council,regulatory agency representatives,and the general public regarding project activities. D. Attending critical meetings, as budget allows. ,c,(OF Etc, `ti Agenda Item No. fV) City of Elgin g r. �•r\ f i -'41r[o�aE March 8, 2002 G ' ?t t NA #s TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Vandewalle Brownfield Grant Contract Amendment for Project Administration PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council an amendment to the Vandewalle Brownfields contract . BACKGROUND On April 25, 2001, the City Council authorized Vandewalle and Associates to prepare and submit an application on behalf of the City to the Illinois Environmental Protection Agency (IEPA) for participation in the Brownfield Redevelopment Grant (BRG) Program. The application was approved by the IEPA and the City Council approved participation in the BRG Program on January 23 , 2002 . On July 11, 2001, the City Council entered into an agreement with ENSR International for the implementation of environmental testing services at 35 Ann Street, 520 McBride Street and 500 North Grove Avenue . The Brownfield Grant application indicated that following the approval of the BRG application, Vandewalle would administer the implementation and oversight of the grant . The Vandewalle Scope of Services is as follows : 1 . Assistance with the administration of the IEPA BRG grant according to the program guidelines . 2 . Assistance with the project management and implementation oversight of the City of Elgin' s Brownfield Redevelopment initiative . Vandewalle Brownfields Grant Contract I March 8 , 2002 Page 2 3 . Assistance with the enrollment and advancement of the subject sites, the Elgin Lumber Yard and the former Elgin Lumber Yard properties, in the Illinois Site Remediation Program in pursuit of a No Further Remediation letter (s) . This includes assistance with properties that are later added through amendment to the City' s IEPA BRG grant project . 4 . Coordination of IEPA BRG project work with related initiatives, including the City' s Riverfront/Center City Master Plan. 5 . Assistance to City staff with amendments and progress report writing required by IEPA. 6 . Assistance with fiscal reports/vouchering. 7 . Progress report presentations to City Council , regulatory 1 agency representatives, and the general public regarding project activities . 8 . Attending critical meetings . Staff has been advised that State of Illinois funding totaling $5 million should be forthcoming to purchase, remediate and develop the Elgin Salvage site . The Salvage site is a critical third piece in the formation of a riverfront residential development site . It is essential that the Brownfield assessment process move forward as the City evaluates and assembles the first parcels for the North Kimball housing program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Project Management Team supports the effort . OfikFINANCIAL IMPACT .--- The total project cost identified in the grant application is $133 , 950 . 50 . Cost Breakdown City of Elgin $ 30, 910 . 00 ENSR 67, 740 . 50 Vandewalle 35, 300 . 00 Total $133 , 950 . 50 Vandewalle Brownfields Grant Contract March 8, 2002 Page 3 The State of Illinois will reimburse the City a total of $91, 672 . 00 of approved expenses, leaving a net cost of $42 , 278 . 50 . Expenses related to this project will be charged to the Riverboat Fund, account number 275-0000-791 . 92-35, project number 039527 . The 2002 budget includes $100, 000 . 00 for the North Kimball and South Grove remediation project . A budget transfer will be necessary to make up the difference between the budgeted amount of $100, 000 . 00, and the projected cost of $133 , 950 . 00 . The necessary funds will be transferred from The Center City Parking Deck project, account number 275-0000-791 . 92- 35, project number 039528 . To date, $67, 740 . 50 (ENSR' s contract) has been encumbered/spent on the project . LEGAL IMPACT \AN 1/The proposed agreement would require an exception to the procurement ordinance . ALTERNATIVES 1 . Proceed with the Brownfield analysis and authorize the amendment to the Vandewalle agreement in an amount not to exceed $35, 300 . 00 . 2 . Do not proceed with the Brownfield analysis . RECOMMENDATION It is recommended that an amendment to the Professional Services Agreement with Vandewalle and Associates for participation in the Brownfields Redevelopment Grant Program be prepared. Fees related to the amendment shall not exceed $35, 300 . 00 . Respectfully submitted, 111111 Olufemi • olari Interim C+' nager RHM:amp