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04-221 Resolution No. 04-221 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROBINSON ENGINEERING, LTD. FOR THE FOX RIVER WATER RECLAMATION DISTRICT FACILITY PLANNING AREA PROJECT 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 interest of the city; and BE IT FURTHER RESOLVED that David M.Dorgan,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 Robinson Engineering, Ltd, for the Fox River Water Reclamation District Facility Planning Area Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 11, 2004 Adopted: August 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk e 6/14/04 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT IO_PROFESSIONAL SERVICES AGREEMENT is made and entered into this Itrd-day of , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the"CITY") and ROBINSON ENGINEERING, LTD., an Illinois Professional Corporation (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY and ENGINEER have previously entered into a professional services agreement dated October 22, 2003, wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the preparation of a water quality management plan amendment application for the expansion of the City of Elgin and the Fox River Water Reclamation District Facility Planning Area (hereinafter referred to as the "SUBJECT AGREEMENT"), and WHEREAS, due to the complexity of the project provided for in the SUBJECT AGREEMENT the ENGINEER has been required to expend additional time and provide additional services than were originally contemplated in the SUBJECT AGREEMENT; and WHEREAS, the CITY and the ENGINEER desire to amend the SUBJECT AGREEMENT to provide for the necessary additional services provided and to be provided by the ENGINEER for the project. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, the mutual undertakings as set forth in the SUBJECT AGREEMENT and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the SUBJECT AGREEMENT between the CITY and ENGINEER is hereby amended as follows: A. Section 1B is hereby amended by adding the following additional text thereto: "The ENGINEER shall also provide such additional professional services to support the CITY's application for a Water Quality Management Plan Amendment as is directed by the CITY including, but not limited to, providing supplemental materials as requested by the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency and attending further meetings as requested by the CITY." B. Section 2A is hereby amended by adding the following additional text thereto: s M "ENGINEER shall provide supplemental services following the filing of the application for the subject Facility Planning Amendment as requested by the City according to the scheduling of the Northeastern Illinois Planning Commission, the Illinois Environmental Protection Agency and as directed by the CITY." C. Section 4A1 is hereby amended to read as follows: "An amount equal to the cumulative hours charged to the PROJECT by each class of ENGINEER's employees times standard hourly rates for each applicable billing class for all services performed on the PROJECT, plus reimbursable expenses and ENGINEER's consultant charges, if any, with the total fee and expenses to be paid to the ENGINEER notto exceed $68.755.29 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized by the CITY by way of written amendment to this Agreement agreed to by the parties hereto." 2. That except as specifically amended in this Amendment Agreement the SUBJECT AGREEMENT between the CITY and the ENGINEER dated October 22, 2003 shall remain in full force and effect. 3. That in the event of any conflict between the terms of this Amendment Agreement and the terms of the SUBJECT AGREEMENT the terms of this Amendment Agreement shall control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By David M. Dorga 4eorD. Budwash City Manager Director of Engineering Attest: City Clerk FALegal Dept\Agreement\Robinson Engineering-Far West Area-Amended.doc 2 'r Agenda Item No. ` Y City of Elgin . la IIC" . July 23, 2004 ; TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GCJVERNMENT FROM: David M. Dorgan, City Manager ��ZJ Ff L YIN FRAScE� AND ClIANLiT Y 4NFRASTRVCLARE William A. Cogley, Corporation Counsel SUBJECT: Proposed Amendment to Professional Services Agreement with Robinson Engineering, Ltd. Regarding the City's Application for an Expansion of the Facility Planning Area PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a proposed amendment to the professional services agreement with Robinson Engineering, Ltd. related to the proposed expansion of the City of Elgin and Fox River Water Reclamation District Facility Planning Area. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the proposed amendment to the professional services agreement totaling $47,000.29 with Robinson Engineering, Ltd. BACKGROUND On October 22, 2003 the city and Robinson Engineering, Ltd. entered into a professional services agreement wherein the city engaged Robinson Engineering to furnish certain professional services in connection with the preparation of a Water Quality Management Plan Amendment Application for the expansion of the City of Elgin and the Fox River Water Reclamation District Facility Planning Area. The proposed Facility Planning Area Amendment related to the area known as the city's Northwest Expansion Area. The city's original contract with Robinson Engineering was in the amount of $21,775. The original agreement related only to Robinson Engineering preparing the Water Quality Management Plan Amendment Application to allow the filing of such application prior to December 1, 2003. Robinson Engineering successfully completed such services and the city was able to file such application with the Northeastern Illinois Planning Commission by the filing deadline of December 1, 2003. ! Proposed Amendment to Professional Services Agreement with Robinson Engineering, Ltd. July 23, 2004 Page 2 Due to the complexities of the issues presented and the then-conflicting multiple applications of different municipalities, the Northeastern Illinois Planning Commission categorized the city's application as a Level 1 hearing. A Level 1 hearing involves substantially more review by the Northeastern Illinois Planning Commission, a public hearing and supplemental filings and submittals by the city as applicant. NIPC conducted a day-long public hearing on February 24, 2004. The city thereafter submitted voluminous additional materials both in the form of technical documents and legal briefs in support of its application. Robinson Engineering provided additional services to the city to assist the city with these efforts. During the pendency of the city's application before the Northeastern Illinois Planning Commission the city and the Village of Pingree Grove reached an agreement on a new boundary agreement. As a result thereof the city was required to substantially amend its application for the proposed Facility Planning Area Amendment including recalculating and resubmitting a number of technical documents in support of its application. Robinson Engineering provided additional services to the city to assist the city with these efforts. On May 27, 2004 the Northeastern Illinois Planning Commission Water Resources Committee adopted a motion of support for the city's application. Such motion of support was conditioned upon three items consisting of. (1) submission of adequate information regarding capacity at the FRWRD wastewater treatment plant; (2) submission of a letter of support from the Illinois Department of Agriculture; and (3) submission of an updated facility plan. Robinson Engineering is continuing to assist the city in providing these additional materials to the Northeastern Illinois Planning Commission staff. Upon receipt of the necessary information the NIPC staff will be forwarding the matter to the Illinois Environmental Protection Agency with a recommendation of support for the proposed amendment request. The Illinois Environmental Protection Agency will thereafter issue a decision on the city's application. Attached is a proposed amendment to the city's professional services agreement with Robinson Engineering. Such amendment would increase the scope of services under the agreement to reflect Robinson Engineering's additional efforts in support of the city's application for the Elgin Northwest Expansion Area. The proposed amendment also provides for the amount of compensation for the original and additional services in the new total amount not to exceed $68,755.29. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The amendment to the original agreement with Robinson Engineering will total $47,000.29 bringing the revised agreement to a not to exceed $68,755.29. There are monies remaining from a recently completed project ($145,000) in the sewer portion of the 2000 General Obligation Bond sale, account number 380-4200-795.92-41, project number 339593 Bowes Creek Proposed Amendment to Professional Services Agreement with Robinson Engineering,Ltd. July 23, 2004 Page 3 Interceptor-Phases 2 and 3 , to fund this agreement. Expenses would be charged against project number 339819, FPA Amendment, account number 380-4200-795.30-99. A budget adjustment will be required. EGAL IMPACT The original professional services agreement with Robinson Engineering was entered into as an exception to the procurement ordinance. The proposed amendment to the professional services agreement would therefore also require an exception to the procurement ordinance. ALTERNATIVES 1. Approval of the proposed amendment to the professional services agreement. 2. Do not approve the proposed amendment to the professional services agreement. Respectfully submitted for Council consideration. WAC/nr Attachment r ' } 6/14/04 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made and entered into this day of June, 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the"CITY")and ROBINSON ENGINEERING, LTD., an Illinois Professional Corporation (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY and ENGINEER have previously entered into a professional services agreement dated October 22, 2003,wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the preparation of a water quality management plan amendment application for the expansion of the City of Elgin and the Fox River Water Reclamation District Facility Planning Area (hereinafter referred to as the "SUBJECT AGREEMENT"), and WHEREAS, due to the complexity of the project provided for in the SUBJECT AGREEMENT the ENGINEER has been required to expend additional time and provide additional services than were originally contemplated in the SUBJECT AGREEMENT;and WHEREAS, the CITY and the ENGINEER desire to amend the SUBJECT AGREEMENT to provide for the necessary additional services provided and to be provided by the ENGINEER for the project. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth " herein, the mutual undertakings as set forth in the SUBJECT AGREEMENT and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the SUBJECT AGREEMENT between the CITY and ENGINEER is hereby amended as follows: A. Section 1B is hereby amended by adding the following additional text thereto: "The ENGINEER shall also provide such additional professional services to support the CITY's application for a Water Quality Management Plan Amendment as is directed by the CITY including, but not limited to, providing supplemental materials as requested by the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency and attending further meetings as requested by the CITY." B. Section 2A is hereby amended by adding the following additional text thereto: "ENGINEER shall provide supplemental services following the filing of the application for the subject Facility Planning Amendment as requested by the City according to the scheduling of the Northeastern Illinois Planning Commission, the Illinois Environmental Protection Agency and as directed by the CITY." C. Section 4A1 is hereby amended to read as follows: "An amount equal to the cumulative hours charged to the PROJECT by each class of ENGINEER's employees times standard hourly rates for each applicable billing class for all services performed on the PROJECT, plus reimbursable expenses and ENGINEER's consultant charges, if any, with the total fee and expenses to be paid to the ENGINEER not to exceed $68.755.29 regardless of the actual time expended or cos actual ts incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized by the CITY by way of written amendment to this Agreement agreed to by the parties hereto." 2. That except as T between the amended CITY this Amendment dated rOc October 22,2003 shall AGREEMENT betty remain in full force and effect. 3. That in the event of any conflict between the terms of this Amendment Agreement and the terms of the SUBJECT AGREEMENT the terms of this Amendment Agreement shall control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: B BY �� David M. Dorgan eorge D. Budwash City Manager Director of Engineering Attest: City Clerk FALegal Dept\Agreement\Robinson Engineering-Far West Area-Amended.doc 2