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08-212 Resolution No. 08-212 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. FOR THE 2007 SANITARY SEWER MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Rezek,Henry, Meisenheimer and Gende, Inc. for the 2007 Sanitary Sewer Master Plan, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 10, 2008 Adopted: September 10, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk City of Elgin,Illinois 2007 Sanitary Sewer Master Plan AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1,made and entered into thistkday of s4_, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Rezek, Henry, Meisenheimer and Gende, Inc. (RHMG), an Illinois corporation (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated June 22, 2007 (hereinafter referred to as "Agreement" or"Original Agreement"), whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with the professional services work on the 2007 Sanitary Sewer Master Plan(hereinafter referred to as the"PROJECT"). WHEREAS the parties hereto have each determined it to be in their best interests to amend the Original Agreement: and WHEREAS, the Project required more time and information than originally anticipated, and WHEREAS, the circumstances necessitating the change in performance by this amendment were not reasonably foreseeable at the time the original Agreement were signed; and this Amendment Agreement is in the best interests of the City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto herby agree to amend Agreement as follows: 1. The above recitals are hereby incorporated into and made part of this agreement. 2. Attachment "A", Detailed Scope of Services as referenced in Section I.C. of the Original Agreement, is hereby amended as follows: -1- a. By adding a sub-paragraph 1.2. A. to read; Data Collection Non- City Entities - The Engineer shall coordinate with consultant firms providing services to developers and the city on the Facilities Planning Areas. The Engineer shall acquire from said consultants relevant information, review said information and make recommendations and clarifications regarding sewer sizing and the service areas of the interceptor sewers. b. By adding a paragraph 2.5 to read; Detail Parcel Identification — the Engineer shall create a detailed data base in an Excel spreadsheet of each and every parcel within the anticipated service area west of Randall Road. The Engineer shall provide a detailed analysis for service area projections. c. By adding a sub-paragraph 3.1.A to read; Evaluate Capacity of Existing Interceptor Sewers — In this task, the ENGINEER, will evaluate current interceptor sewers in regards to capacity considering the extensive revisions brought on by the development since the last sanitary sewer master plan (2002). This task shall include the acquisition of the as constructed drawings and review of same. d. By adding a sub-paragraph 3.8 A to read; Re-evaluation of Recommendations— In this task, the Engineer shall re-evaluate the recommendations made by the Engineer when new information is received from the City or a third party such as the development community or another governmental agency. 3. Section II A is hereby amended to provide the following milestones: a. Review with City Staff September 30, 2008 b. Submit Final Reports and Exhibits October 31, 2008 4. Section IV.A. is hereby amended to read as follows: "For services provided the Engineer shall be paid at the rate of 3.07 times the direct hourly rate of personnel employed on this Project, with the total fee not to exceed $119,432, of which $19,679 shall be paid for the additional engineering services contemplating within this Amendment Agreement Number 1, regardless of actual costs incurred by the Engineer -2- unless substantial modifications to the scope of work are authorized in writing by the City. A detailed basis of the amended payment amount provided for herein is included hereto and made a part hereof as Attachment C.1. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN, ILLINOIS By uQ By61101, _ a.:.„ ,,OF City Clerky .., CAM (SEAL) A TV =i try_ For the ENGINEER: �'ORAT Q L� Dated this 2-4 day of ..,,kms , A.D., 2008. ATTEST: B �, ! Y By N-------- j2)r----- Secretary President (SEAL) -3- v August 21, 2008 TO: Mayor and Members of the City Council i 14, z FROM: Olufemi Folarin, City Manager Joseph Evers, P.E., City Engineer SUBJECT: Amended Agreement No. 1 to Engineering Services Agreement with Rezek, Henry, Meisenheimer and Gende, Inc. for the 2007 Sanitary Sewer Master Plan PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an Amended Agreement with Rezek, Henry, Meisenheimer and Gende, Inc. (RHMG) for the 2007 Sanitary Sewer Master Plan. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the Amended Agreement with RHMG in the not-to exceed amount of$19,679. BACKGROUND In June of 2007, the City Council authorized an agreement with RHMG to prepare a new sanitary sewer master plan (SSMP). Due to the significant growth, the previous sanitary sewer master plan completed in 2002 was becoming ineffective as a tool to help staff guide growth. The 2002 SSMP had been modified by boundary agreements, Facility Planning Area approvals, the development community and the pattern in which development had occurred. Much of this activity was occurring just prior or during the work on the 2007 SSMP. During the process of preparing the plan, RHMG found acquiring information difficult. Some information had to be pulled together from several locations, some was still being developed, such as Facility Planning Area amendments, as-built drawings, subdivision plans and permits, and some information required interpreting as the development and/or related project were not completed as originally planned or designed. Additionally, staff requested RHMG to expand the detail for the originally proposed data base of all the parcels that would fall within the City's ultimate planning area. Together, the provisions being added by this amendment ultimately improve the 2007 SSMP such that staff will find it easier and quicker to provide developers with good planning 2007 Sanitary Sewer Master Plan August 21, 2008 Page 2 information. Added provisions include more time to acquire necessary information from third party consultants working for the City (i.e.; Facility Planning Area studies) and from developers (i.e.; construction and record drawings), to expand the data base to include more detailed information, to add additional evaluation of changes to the sanitary sewer system brought about by a typical development patterns and re-evaluation of completed studies/plans due to construction projects or related studies completed during the engineering efforts on the 2007 SSMP. A copy of Amended Agreement No. 1 is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Amendment Agreement No. 1 with RHMG will total $19,679 and will bring the total cost of the 2007 Sanitary Sewer Master Plan to $119,432. Funding for this amendment is available from sewer impact fees collected within the Sewer Development Fund. Account number 440-0000- 772.92-41, "Capital Additions-Distribution System" will be charged ($4,060,370 budgeted and available).. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Amended Agreement with RHMG in the amount of$19,679, as recommended. 2. The City Council may choose not to approve the Amended Agreement with RHMG and direct staff to proceed differently. Respectfully submitted for Council consideration. do Attachment