09-119 Resolution No. 09-119
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
REZEK, HENRY, MEISENHEIMER AND GENDE, INC.
FOR THE 2006 COMBINED SEWER SEPARATON PROJECT
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 Amendment No. 2 to an agreement on behalf of the City of Elgin with Rezek,
Henry,Meisenheimer and Gende,Inc. for the 2006 Combined Sewer Separation Project, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SECOND AMENDMENT AGREEMENT
This Amendment Agreement No. 2 is hereby made and entered into this /376t, day
of 0)7 — 2009, by and between the City of Elgin, an Illinois Municipal
Corporati (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer
and Gende, Inc., an Illinois Corporation (hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an Agreement dated
January 11, 2006, attached hereto as Attachment "A" (hereinafter referred to as
"ORIGINAL AGREEMENT"); and,
WHEREAS, the ORIGINAL AGREEMENT provided that the ENGINEER would
furnish certain professional services in connection with the 2006 Combined Sewer
Separation Project (hereinafter referred to as the "PROJECT"); and,
WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of
$211,670; and,
WHEREAS, Amendment Agreement No. 1, dated September 9, 2006, increased the
maximum payment limit to $301,455; and,
WHEREAS, after completion of construction of the CBD portion of the PROJECT in
March, 2007, the Bent Street portion of the PROJECT was put on hold at the
request of the Fox River Water Reclamation District, and the Highland Avenue
portion of the PROJECT was put on hold due to easement issues and the CITY's
desire to minimize the amount of simultaneous construction activity in the
downtown area; and,
WHEREAS, the parties hereto have each determined it to be in their best interest
to again amend ORIGINAL AGREEMENT; and,
•
WHEREAS, the CITY has determined that the proposed scope of the PROJECT be
modified to include additional design, survey, cost estimating and meetings
associated with alternative alignments and configurations resulting from easement
negotiations and permit agency requirements; and,
WHEREAS, the CITY has determined that the proposed scope of this project be
modified to include Facilities Planning and Illinois EPA SRF loan application
assistance relative to economic stimulus funding under the American Recovery and
Reinvestment Act of 2009 (ARRA); and,
WHEREAS, the parties have determined and agree that the total maximum
payment for the additional services described in this Second Amendment
Agreement shall be in the amount of$38,670; and,
WHEREAS, the circumstances necessitating these changes in performance
contemplated by this amendment were not reasonably foreseeable at the time
ORIGINAL AGREEMENT was signed; the changes contemplated by this
Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed;
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and this Second Amendment Agreement is in the best interests of CITY and is
authorized by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
1. The scope of services outlined in Attachment A of the ORIGINAL
AGREEMENT is hereby amended to include the following:
a. Review and followup on status of permits for the Highland Avenue and
Bent Street portions of the PROJECT.
b. Investigate alternative alignments and associated costs relative to the
Kofsky property easement (3 Lynch Street), including field survey.
c. Participate in meetings and followup with City staff, Mitchell Kofsky,
Illinois Department of Transportation and Fox River Water
Reclamation District.
d. Modify the Dwight Street storm sewer outfall configuration and
construction access, based on our meeting with Fox River Water
Reclamation District on March 10, 2009.
e. Update cost estimates.
f. Preparation of Illinois EPA SRF loan pre-applications, Facilities Plan,
environmental documentation, loan application and other
documentation, relative to the American Recovery and Reinvestment
Act of 2009 (ARRA) economic stimulus funding.
2. Paragraph IV(A) of the ORIGINAL AGREEMENT is hereby amended to read
as follows: "For services provided by the ENGINEER, as described in Section
I of the ORIGINAL AGREEMENT, and as amended by Amendment
Agreement No. 1 and Amendment Agreement No. 2, 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 $340,125, of which $38,670
shall be paid for the additional engineering services contemplated within
Amendment Agreement No. 2, regardless of the actual time expended or
actual costs incurred by the ENGINEER unless substantial modifications to
the Scope of Work are authorized in writing by the CITY.
3. Paragraph IV(B) of the ORIGINAL AGREEMENT is hereby amended to
read: "For outside services provided by other firms or subconsultants, the
CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five
percent (5%). Any such fee shall not cause the total fees of the PROJECT to
exceed $340,125."
4. Paragraph IV(C) of the ORIGINAL AGREEMENT is hereby amended to
read: "Direct reimbursable expenses shall be billed at actual cost to the
CITY. These expenses include travel, printing, postage, computer charges
and long distance telephone. Such direct reimbursable expenses shall be
included and construed as part of the above referenced not-to-exceed total
payment amount of$340,125."
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5. Except as amended by this Second Amendment Agreement and the First
Amendment Agreement, the ORIGINAL AGREEMENT between the parties
shall remain in full force and effect.
That in the event of any conflict between the terms and provisions of the
ORIGINAL AGREEMENT or the First Amendment Agreement with the terms and
provisions of this Second Amendment Agreement, the terms and provisions of this
Second Amendment Agreement shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Second Amendment Agreement as of the date and year first written above.
CITY OF ELGIN REZEK, HENRY, MEISENHEIMER
AND GENDE, INC.
�1,�._1 `
By: , �_
B Y•
City Manager William R. Rickert
President
Attest: Atte t:
\ / -��
City Clerk arcia A. McCutchan
Executive Vice President
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+ ,-(.4of f4;' A enda Item No. J
o` ;1"§ City of Elgin 9
April 23, 2009i`
* e r
TO: Mayor and Members of the City Council s
''''..":-)t.1/7_irialty Stable
FROM: Olufemi Folarin, City Manager (Sty(,ovrnnnent
Joseph Evers, P.E., City Engineer
SUBJECT: Amendment No. 2 to the Engineering Services Agreement with Rezek, Henry,
Meisenheimer and Gende for the 2006 Combined Sewer Separation Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 2 to an agreement with Rezek, Henry, Meisenheimer
and Gende (RHMG) for construction related engineering services for the 2006 Combined Sewer
Separation Project.
r RECOMMENDATION
It is recommended that City Council approve Amendment No. 2 with RHMG in the amount of
$38,670 and authorize staff to execute the necessary documents.
BACKGROUND
At its meeting on December 21, 2005,the City Council authorized an agreement with RHMG for
design engineering for completion of plans, specifications and bid documents for the 2006
Combined Sewer Separation (CSS) Projects. At the September 23, 2006 meeting, the City
amended the agreement to add construction oversightservices for the downtown portion of the
designed project. Included in the design were the separation of combined storm/sanitary sewers
in three areas referred to as the Central Business District (CBD) Combined Sewers, the Highland
Avenue Combined Sewers and the Bent Street Combined Sewers. Amendment No. 2 ($38,670)
will add effort to apply for a Illinois Environmental Protection Agency Loan, to replace effort
already expended on an easement off of Chicago Street, added effort due to expired permits and
rate increase over the last three years.
The 2006 Combined Sewer Separation — CBD Project provided for separation of the combined
sewers on Chicago Street from Riverside Drive to Spring Street and on Spring Street from
Chicago Street to Division Street. The remaining work from the original design includes
construction of storm sewers through properties controlled by the Illinois Department of
Ow Transportation (IDOT), Fox River Water Reclamation District (FRWRD), Kane County Forest
Preserve, Union Pacific Railroad and private citizens. Delays in permits from IDOT, FRWRD
Amendment No. 2 for the 2006 Combined Sewer Separation Project
April 23, 2009
Page 2
and at least one private citizen have lead to alternative designs and thus added engineering
expenses.
In addition to the above additional expenses, staff is seeking Illinois Environmental Protection
Agency (IEPA) low interest loans to fund the construction of both the Highland Avenue and the
Bent Street sewer separation projects. In anticipation of the IEPA approving the pre-application,
additional engineering effort is required to complete the formal application. Staff believes the
application for these two (2) projects is justified as these projects are substantially complete and
ready to construct. Plans will require additional engineering to finish off minor issues brought
up by the entities listed above.
According to the engineer, the IEPA loan program provides that 25% of the funds are actually a
grant with the remaining 75% to be paid back to the IEPA at zero percent (0%) interest over a
twenty year period. Should the loan/grant receive final IEPA approval, formal City Council
authorization will be required as the total loan amount being requested totals $5.9 million. If the
City is not awarded the loan/grant, staff would recommend that the Highland Avenue sewer
separation proceed to construction (given current budget restraints) and if any budgeted funds
remain they be utilized to design additional combined sewer separation projects.
r COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
(.-N6FINANCIAL IMPACT
The current contract and Amendment No. 1 with RHMG for 2006 Combined Sewer Separation
Project total $301,455. Amendment No. 2 will add $38,670 for a new contract amount of
$340,125. Funding for this project is available in the sewer portion of the 2005 General
Obligation (G.O.) Bond Fund in project number 339691, "CSS Project (2005)", account number
365-4200-795.92-41, "Distribution Systems-Major Repairs," ($385,000 budgeted and $158,615
available).
The efforts identified in Paragraph 1 of the amendment will include the following additional
engineering fees:
a. Review and follow up on other agency permits $ 6,101.58
b. Alternative alignments and additional surveys $ 9,858.00
c. Additional meetings and follow up with IDOT, FRWRD and easements $ 6,159.76
d. Redesign of final plans to accommodate a FRWRD request $ 408.15
e Update cost estimates $ 1,618.51
f. Prepare pre-applications and final applications for IEPA loan/grant $14,525.00
TOTAL $38,670.00
Amendment No. 2 for the 2006 Combined Sewer Separation Project
April 23, 2009
Page 3
� ,MPIMPACT
None
ALTERNATIVES
1. The City Council may choose to approve Amendment No. 2 to the Agreement with
RHMG in the amount of$38,670).
2. The City Council may choose not to approve Amendment No. 2 to the Agreement with
RHMG.
Respectfully submitted for Council consideration.
do
Attachment
r
SECOND AMENDMENT AGREEMENT
This Amendment Agreement No. 2 is hereby made and entered into this day
of 2009, by and between the City of Elgin, an Illinois Municipal
Corporation (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer
and Gende, Inc., an Illinois Corporation (hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an Agreement dated
January 11, 2006, attached hereto as Attachment "A" (hereinafter referred to as
"ORIGINAL AGREEMENT"); and,
WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of
$211,670; and
WHEREAS, Amendment Agreement No. 1 dated September 9, 2006 increased the
maximum payment limit to $301,455; and
WHEREAS, after completion of construction of the CBD portion of the PROJECT in
March, 2007, the Bent Street portion of the PROJECT was put on hold at the
request of the Fox River Water Reclamation District, and the Highland Avenue
portion of the PROJECT was put on hold due to easement issues and the CITY's
desire to minimize the amount of simultaneous construction activity in the
rik downtown area; and
WHEREAS, the parties hereto have each determined it to be in their best interest
to again amend ORIGINAL AGREEMENT; and
WHEREAS, the CITY has determined that the proposed scope of the project be
modified to include additional design, survey, cost estimating and meetings
associated with alternative alignments and configurations resulting from easement
negotiations and permit agency requirements; and
WHEREAS, the CITY has determined that the proposed scope of this project be
modified to include Facilities Planning and Illinois EPA SRF loan application
assistance relative to economic stimulus funding under the American Recovery and
Reinvestment Act of 2009 (ARRA); and
WHEREAS, the circumstances necessitating these changes in performance
contemplated by this amendment were not reasonably foreseeable at the time
ORIGINAL AGREEMENT was signed; the changes contemplated by this
Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed;
and this Second Amendment Agreement is in the best interests of CITY and is
authorized by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
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1. The scope of services outlined in Attachment A of the ORIGINAL
AGREEMENT is hereby amended to include the following:
a. Review and followup on status of permits for the Highland Avenue and
Bent Street portions of the PROJECT.
b. Investigate alternative alignments-and associated costs relative to the
Kofsky property easement (3 Lynch Street), including field survey.
c. Participate in meetings and followup with City staff, Mitchell Kofsky,
Illinois Department of Transportation and Fox River Water
Reclamation District.
d. Modify the Dwight Street storm sewer outfall configuration and
construction access, based on our meeting with Fox River Water
Reclamation District on March 10, 2009.
e. Update cost estimates. -
f. Preparation of Illinois EPA SRF loan pre-applications, Facilities Plan,
environmental documentation, loan application and other
documentation, relative to the American Recovery and Reinvestment
Act of 2009 (ARRA) economic stimulus funding.
2. Paragraph IV(A) of the ORIGINAL AGREEMENT is hereby amended to
read: "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 $340,125, of which $38,670 shall be paid_ for the
additional engineering services contemplated within this Amendment
Agreement No. 2, regardless of the actual costs incurred by the ENGINEER
unless substantial modifications to the scope of the work are.authorized in
writing by the CITY.
3. Paragraph IV(B) of the ORIGINAL AGREEMENT is hereby amended to
read: "For outside services provided by other firms or subconsultants, the
CITY shall pay the ENGINEER the invoiced fee to the ENGINEER;plus five
percent (5%). Any such fee provided in Subparagraph IV(A) shall not cause
the total fees of the project to exceed $340,125."
4. Paragraph IV(C) of the ORIGINAL AGREEMENT is hereby amended to
read: "Direct reimbursable expenses shall be billed at actual cost to the
CITY. These expenses include travel, printing, postage, computer charges
and long distance telephone. Such direct reimbursable expenses shall be
included and construed as part of the above referenced not-to-exceed total
payment amount of$340,125."
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r. 5. Except as amended by this Second Amendment Agreement, the ORIGINAL
AGREEMENT between the parties shall remain in full force and effect.
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CITY OF ELGIN REZEK, HENRY, MEISENHEIMER
AND GENDE, INC.
By: By:
City Manager William R. Rickert
• President
Attest: Attest:
City Clerk Marcia A. McCutchan
Executive Vice President
•
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10F St
op ti Memorandum
City of Elgin
Date: May 19, 2009
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-119, Adopted at the May 13, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Amendment No. 2 to an Agreement with Rezek, Henry, Meisenheimer and Gende, Inc.
for the 2006 Combined Sewer Separation Project