96-81 Resolution No. 96-81
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH
RUST ENVIRONMENT & INFRASTRUCTURE, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute Amendment No. 1 to an Agreement on behalf of the
City of Elgin with Rust Environment & Infrastructure, Inc. for
Phase II of the combined sewer overflow plan, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: March 27 , 1996
Adopted: March 27 , 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
AMENDMENT NO. 1
This Amendment No. 1, entered into this Ri7 day of J9'j44C/
1996, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as "CITY" ) and Rust
Environment & Infrastructure, Inc. (hereinafter referred to as
"ENGINEER" ) , shall modify that Agreement dated _2_V , 1995,
whereby the ENGINEER was engaged by the CITY to perform certain
professional services in connection with the preparation of a
Combined Sewer Overflow (CSO) , NPDES Permit Compliance Plan
(hereinafter referred to as the "PROJECT" ) .
Whereas the Scope of Work for Phase II services was included in
the Agreement, and,
Whereas the payment to the ENGINEER for the performance of the
Phase II services was not included in the Agreement and,
Whereas the CITY desires to include the payment to the ENGINEER
under paragraph IV E of the Agreement in connection with Phase
II services of the PROJECT.
In response to these Phase II services, certain revisions must
be made to the Agreement. In compliance, therefore, the terms
and conditions of the Agreement are modified as specifically set
out below. All other parts of the Agreement remain unchanged.
SECTION IV of the Agreement is hereby amended to replace
paragraphs C. and E. as follows :
C. Inclusive of paragraphs IV A and IV B above, and IV E below,
this Agreement shall be in the total amount not-to-exceed
two hundred nine thousand forty six ( $209,046 . 00) Dollars,
E. The ENGINEER shall be reimbursed an amount not-to-exceed
Sixty-Four Thousand One Hundred Sixty Six ( $64, 166 . 00)
Dollars for those services and expenditures identified under
the Scope of Services as Phase II (paragraphs 1.B. 3 through
1.B. 6 and as further delineated on Attachment B) .
All other provisions of the Agreement shall remain in full force
and effect.
-2-
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Amendment No. 1 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
Bypo-61-k--tcBy 1'k . W00 0_ 4
Dolonna Mecum Richard B. Helwig
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this le' 1 day of bU ,4{ , A.D. , 1996 .
ATTEST: $ 7J. Ac-4,4
i fl
By By .:,. . I/
£iec/ ecretary V(edc_ Pre, sent
(SEAL)
•
Ell n
; + Agenda Item No.
--toP
��ty
March 6, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Amendment No. 1
Combined Sewer Overflow Plan
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
amending an agreement with Rust Environmental &
Infrastructures, Inc. (REI) by adding the Phase II fee amount
of $64, 166. 00 to the agreement.
BACKGROUND
On September 27, 1995, City Council authorized an agreement
with REI for the preparation of a compliance plan for our
combined sewer system. A copy of that Council memorandum is
attached as Exhibit A.
The agreement entered into with REI was separated into two
work phases, with Phase I funded from the 1995 bond issue
($145,000) . The agreement stipulated that Phase II work would
be funded in 1996, and the fee amount for Phase II of $64, 166
would be incorporated into the agreement by an amendment to
that agreement. The amendment is attached as Exhibit B
together with the original agreement being amended, as
Exhibit C.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
FRWRD will be informed of the activation of Phase II work
under the agreement.
FINANCIAL IMPACT
Moneys for Phase II are included in the upcoming 1996 bond
(Pk issue and are budgeted in Account 396-4200-795.93-41, Project
339545, in the amount of $75,000.
Amendment No. 1
Combined Sewer Overflow Plan
March 6, 1996
r,,. Page 2
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council authorize amendment
no. 1 to an agreement with Rust Environmental and
Infrastructures, Inc. , in the amount of $64, 166, for Phase II
services, bringing the total agreement not-to-exceed amount
to $209,046 .
espectfull s mitted,
otYit0^( . -/76.0,-)0/
James L. Kristiansen
Public Works Director
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Richard B. Helwig
City Manager
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Attachment