08-67 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
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DATE-
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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
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(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