09-86 d �
Resolution No. 09-86
RESOLUTION ENDUM TO
AUTHORIZING EXECUTION TAL AGREEMENT NT WITH THE FOX RIVER
THE INTERGOVERNMEN
WATER RECLAMATION DISTRICT ( PRO PROJECT
THE LIME WASTE
DISPOSAL MAIN
at
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILL dOIS,t to
Ed Schock,Mayor, and Diane Robertson, City Clerk,be and are hereby
execute a First Addendum to an Intergovernmental Agreement disposal with the
Fox River
of which is
Reclamation District(FRWRD)regarding the lime waste
attached and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 8, 2009
Adopted: April 8, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
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FIRST ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT
REGARDING A FORCE MAIN C ELGIN
AND THE FOX RIVER PROJECT
ER RECLAMATION DISTRICT
THIS FIRST ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT
REGARDING A JOINT FORCE MAIN PROJECT ("First Addendum") dated as of this gam' of
200?; by and between the City of Elgin, Illinois (the "City"), an Illinois municipal
coiporation 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 are 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
Attachment C to the First Amendment Agreement.
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li. Second Amendment Agreement
A. The City and the District agree that Burns & McDonnell are 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. Third Amendment Agreement
A. The City and the District agree that Burns & McDonnell are to provide certain
engineering design services relating to the Project, as set forth in the Third Amendment
Agreement to the Engineering Services Agreement, attached hereto as Exhibit E 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 Third Amendment Agreement shall be paid in accordance with the allocation set forth in
Attachment E to the Third Amendment Agreement.
IV. Subsequent Phases/Change Orders
The City and the District agree that other than as set forth in Articles I, II and III above,
the additional engineering and inspection services to be provided by Burns & McDonnell for the
Project shall be as set forth in paragraph 8 of the Intergovernmental Agreement. Therefore, the
engineering services associated with the City change order No. 1 dated March 21, 2008, relating
to construction of the Project in the area of Judson College, shall be paid 100% by the City for
engineering services, as well as construction costs. And further, for Phase III of the Project, the
engineering and inspection services shall be shared pro rata, as set forth in paragraph 8 of the
Intergovernmental Agreement, and the construction costs shall be shared pursuant to paragraph
10 of the Intergovernmental Agreement.
V. 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.
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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.
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
By. . .�- By:
Ed Schock, Mayor President
Attest: Attest: h
Diane Robertson, City lerk
Dated: \ , 2001$ Dated: �� �-3 , 2008
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EXHIBIT A
AN INTERGOVERNMENTAL
AGREEMENT REGARDING
A JOINT FORCE MAIN PROJECT
BETWEEN THE CITY OF ELGIN AND
THE FOX RIVER WATER
RECLAMATION DISTRICT
THIS AGREEMENT is made and entered into by and between the FOX RIVER
WATER RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties,
Illinois, a sanitary district organized pursuant to the Sanitary District Act of 1917,(70 ILCS
2405/11 et seq.),having its principal office located at Raymond Street and Purify Drive,P.O.
Box 328, Elgin,Illinois, 60121-0328, (hereinafter referred to as the"District"); and
The CITY OF ELGIN, an Illinois municipal corporation,having its principal office at
150 Dexter Court, Elgin, Illinois 60120-5555, (hereinafter referred to as the "City"); and
WHEREAS,Article VII, Section 10 of the Constitution of the State of Illinois,
1970 authorizes units of local government, including municipalities,to enter into contracts to
exercise, cornbine or transfer any power or function not prohibited to them by law or ordinance;
and
WHEREAS,the District and the City are units of local government within the
meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known
as the"Intergovernmental Cooperation Act,"authorizes units of local government in Illinois to
exercise jointly with any other public agency within the state, including other units of local
government, any power, privilege, or authority which may be exercised by a unit of local
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goverrunent individually and to enter into contracts for the performance of governmental
services, activities and undertakings; and
WHEREAS, the District and the City are public agencies within the meaning of
the Intergovernmental Cooperation Act; and
WHEREAS, the District owns and operates certain sanitary sewers,treatment
facilities, and related appurtenances, including sanitary sludge disposal facilities ("District Sewer
Facilities"); and
WHEREAS, the City owns and operates certain water mains,water treatment
facilities, and related appurtenances,including lime sludge disposal facilities("City Sludge
Facilities"); and
WHEREAS, the City and the District have agreed that it is in their mutual best
interest to share certain costs of construction of separate sludge disposal force main projects;and
WHEREAS, the District and City are authorized to contract among themselves to
obtain or share services, or exercise,combine, or transfer any power or function, in any manner
not prohibited by law.
NOW,THEREFORE, in consideration of the mutual promises and covenants
contained herein, the District and the City agree as follows:
l. Recitals. That the foregoing recitals are hereby incorporated into this
Agreement in their entirety.
2. Project. This agreement involves the preliminary planning,design and
construction of two separate pipelines or force mains,to be designed and constructed as part of
one project, for the purpose of realizing significant cost savings for the parties' respective tax
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payers and to reduce the disruption that would be caused if the two projects were constructed at
different times as separate projects. The City portion of the project involves construction of a
force main to convey lime sludge from its Riverside Water Treatment Plant to its lime storage
basins near Route 20 and McLean Boulevard and related construction requirements. The District
portion of the project involves construction of a force main to convey sanitary sewage sludge
from its North Regional Wastewater Treatment Plant to the Districts Main Plant at Raymond
Street and Purify Drive.
3. Phase I. Preliminary planning for the Project has been completed by the
parties and their consultants and the costs have been divided equally by the parties and will have
been paid in full prior to the date of this agreement.
4. Phase II. Phase 1I of the Project involves certain engineering design
services including Value Engineering, Preliminary Design services and Final Design services,to
be provided by Burns &McDonnell Engineers, Company, Inc. ("BMCD") pursuant to a certain
Engineering Services Agreement and a First Amendment thereto, previously or hereafter entered
into between City and BMCD. District and City agree that the cost of the Phase 1I engineering
design services shall be paid fifty percent(50%) by each party. City will pay BMCD invoices
and submit copies to the District for reimbursement. The costs of the Phase II engineering
design services are estimated not to exceed $180,000.00. In the event BMCD notifies City that
engineering services exceed the estimated price, City will obtain the mutual agreement of
District prior to authorizing additional engineering services and prior to obligating the District
for payment of fifty percent (50%) thereof.
5. Final Design. After the completion of the Value Engineering and
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Preliminary Report Services by BMCD, District and City staff will meet to review the final work
product and determine the scope of the Phase III project and any changes to the Project shall be
documented and mutually agreed to by the parties. The parties will consult with BMCD
regarding any proposed changes to the scope of the project and as to recommendations for
preparation of bid documents, invitations to bid,timing of the bid, whether to bid the contract as
one construction job or more than one, and any other related issues. The parties shall review the
estimate of probable cost and accept the reports prior to the City authorizing BMCD to proceed
to complete the Final Design services. As stated.herein above, District and City shall share
equally the additional costs of the Final Design services, if any, and District shall reimburse City
upon receipt of copies of invoices from BMCD that have been paid by City.
6. Phase III. - Construction Bids. City will competitively bid the
construction job or jobs, as determined by the parties as a result of the Phase lI engineering
services or Final Design services, pursuant to the City's usual and customary practices and its
enabling statute. District and City will review all bids and District will be present at the bid
openings. The General Manager of the District and the City Manager of City, or their respective
designees, will agree as to whether the job or jobs shall be rebid or otherwise rejected, what is
the lowest responsible bid and to whom the contract(or contracts) should be awarded in writing
and the City Council shall make the appropriate award,based upon the recommendation. If the
City Council fails to make the awards as recommended, District shall not be obligated for cost
sharing hereunder.
7. Phase III- Construction Contracts. City shall enter into contracts with the
contracting parties pursuant to the bid or bids so awarded (Construction Contracts) and shall
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administer the Construction Contracts in its usual and customary manner, and in a reasonable
and prudent manner, at all times.
8. Phase III - Engineering and Inspection. City and District shall share the
Phase III engineering and inspection services, pro rata, based upon the party's respective
proportion of the costs of construction of the Construction Contracts.
9. Project Manager. District shall nominate in writing a person to act as its
project manager (which may be the General Manager) for purposes of decision making and
communication during the construction phase of the project (District Project Manager). City
shall nominate in writing a person to act as its project manager(which may be the City Manager)
for purposes of decision making and communication during the construction phase of the project
(City Project Manager). The District Project Manager shall communicate any issues to the City
Project Manager who shall report to the appropriate City staff, BMCD representative or
contractor or subcontractor, according to the proper protocol under the construction and
engineering contracts or usual practice. City staff,BMCD representatives or the contractors or
subcontractors shall communicate issues to the City Project Manager who shall forward the
communication to the District Project Manger for review by the District. District and City agree
to cooperate with each other and work together in good faith to complete the Project in the
mutual best interest of the parties. All change orders in excess of$10,000.00 shall require the
written approval of both parties prior to obligating the District for payment for its share of the
costs. District may at its own expense have its own designated inspector on the construction site
as it may determine.
10. Phase III - Cost Sharing. City, as owner under the Construction Contracts
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shall enter into the contracts and directly budget and disburse payments as they become due and
payable. District will provide in each of its annual budgets, approved after the effective date of
this Agreement, an amount reasonably anticipated to be required to meet its obligations for
payments to the City under this Agreement. District agrees to reimburse City for fifty percent
(50%) of the payments made on the Construction Contracts,relating to the joint aspects of the
project, pursuant to the manner of funding and payment provided for hereinbelow. City shall
make a separate accounting for amounts due from the District showing the amount paid by the
City, the Districts percentage due, and the dollar amount due from District to the City. The
construction costs will be reimbursed one hundred percent (100% )by the District to the City
where there is a single force main or related appurtenance that is to becorne a District Sewer
Facility. The construction costs will be paid one hundred percent (100%) by the City when
there is a single force main or related appurtenance that is to become a City Sludge Facility, hor
those sections of the project where two force mains or related appurtenances are being
constructed together, the District shall reimburse the City for fifty percent(50%)of the
construction costs.
11. Good Faith. The parties shall at all times act in good faith under this
Agreement to further the objectives of the parties as evidenced by the terms of this Agreement.
12, Assignment. Neither the District nor City shall assign or transfer any
rights under or interest in this Agreement without the written consent of the other and except to
the extent that the effect of this limitation may be restricted by law. Unless specifically stated to
the contrary in any written consent to an assignment,no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
13. Agreement/Amendment. This Agreement represents the entire
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understanding and agreement between the District and City pertaining to the Project as described
above and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both the District and
City. This agreement is and shall be deemed to construe to be a joint and collective work product
of the District and the City and, as such, this Agreement shall not be construed against the other
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, of the terms and
provisions contained herein.
14. No Waiver. Failure of the City or the District to insist upon strict and
punctual performance of any terms or conditions of this Agreement shall not be construed to
constitute a waiver of,or estoppel against, asserting the rights to require such performance.
Neither shall a waiver nor an estoppel in one instance constitute a waiver or an estoppel with
respect to a later default, whether similar or dissimilar in nature.
15. Severability. If any part of this Agreement is detennined by a court to be
in conflict with statute or constitution or to be unlawful for any reason,the parties intend that the
remaining provisions of this Agreement shall remain in full force and effect and be enforced to
the greatest extent provided by law.
16. Law. This Agreement shall be governed by the laws of the State of
Illinois and District and City will at all times comply with all applicable laws, rules, and
regulations that may affect the subject matter of this Agreement or the parties hereto. Venue for
the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall
be in the Circuit Court of Kane County, Illinois.
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17. No official, director, officer, agent or employee of the District or the City shall
be charged personally or held contractually liable under any term or provision of this Agreement
or because of their execution, approval or attempted execution of this Agreement.
17. Insurance. The City shall require that the contractors working on all
portions of the Project shall maintain reasonable levels of liability insurance and shall name the
District and the City as additionally insured parties and supply certificates thereof to City prior to
commencement of work on the Project. City shall share copies of the certificates with District.
18. Audit and Access to Plans and Records. City shall maintain all books and
records required of it by law relating to the subject matter of this Agreement. City shall maintain
books,records, documents and other evidence directly pertinent to performance of subject matter
of this Agreement consistent with generally accepted accounting standards. The District or any
of its duly authorized representatives shall have access to such books, records, documents and
other evidence for the purpose of inspection,audit and copying. Facilities for such access and
inspection shall be provided by City. Audits conducted pursuant to this provision shall be in
accordance with generally accepted auditing standards. All records shall be maintained and
made available during performance of this agreement and not less than three years after final
completion of the Project. In addition, those records which relate to any dispute or litigation,or
the settlement of claims arising out of such performance, or costs or items to which an audit
exception has been taken, shall be maintained and made available for not less than three years
after the date of resolution of such appeal, litigation, claim or exception.
19. Notices Any notices required hereunder or by law shall be in writing and
directed to the parties at the following addresses:
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To District: Robert Trueblood, General Manager
Fox River Water Reclamation District
PO BOX 328
Elgin, IL 60121-0328
With a Copy To: Douglas J. Scheflow, District Attorney
Scheflow& Rydeli
63 Douglas Avenue, Suite 200
Elgin, IL 60120
To City: Oluiemi Folarin, City Manager
City of Elgin
1.50 Dexter Court
Elgin, Illinois 60120
With a Copy To: William Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
20. Authority. Both parties represent to each other that they are duly
organized and validly existing and have full power and due authority to execute, deliver, and
perform this Agreement in accordance with their terms. Such execution, delivery, and
performance have been fully authorized by all necessary action and approved by each
governmental authority or other party, and the obligations are the legal, valid, and binding
obligations of each, enforceable in accordance with their terms.
The District and the City have executed this Agreement as of the day of
2007.
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FOX RIVER WATER RECLAMATION
DISTRICT,an Illinois municipal corporation
By
President �h
Attest:
Clerk
State of Illinois )
ss
County of Kane )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that , personally known to me to be the President of the FOX
RIVER WATER RECLAMATION DISTRICT, an Illinois municipal corporation, and
, personally known to me to be the Clerk of said corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that as such President, and Clerk, they signed and
delivered the said instrument and caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority given by the Board of Trustees of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this day of -�O tjD ) 2007.
� .�. _ S
'MCIAL SEF�L
iU(71F: f;l, SEYLLER
';;,v aUEILIC,STATi OF ILLINOIS Notary ublic
EXPIRES 2.28.2008 y
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THE CITY OF ELGIN,
an Illinois municipal corporation
Mayor
Attest:
Jerk
State of Illinois )
)ss
County of Kane }
1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that Ed Schock, personally knowp to meo the the Mayor of THE CITY OF ELGIN,
'� ' �J�s+o�iaa Iy-known to me to be the City
an Illinois municipal corporation, and '' i, p Y Y
Clerk of said corporation, and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument
and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority
given by the Elgin. City Council of said corporation, as their free and voluntary act, and as the
free and voluntary act and deed of said corporation,for the uses and purposes therein set forth.
Given under my hand and official seal, this day of ��� , 2007.
Notary Public
This Document Prepared By:
Douglas .i. Scheflow "OFFICiA�srA�
KATHRYN J. GRANZOW
SCHEFLOW &RYDELL Nolary Public,Slale of Illinois
MY Commission Expires 10/2/2010
63 Douglas Avenue, Suite 200
Elgin, Illinois 60120
Phone: 847-695-2800
Fax: 847-695-4547 FRwRD2 uoimFoiceMaini0A020407.wpa
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AGREEMENT
EXHIBIT B
FOR ENGINEERING SERVICES
FOR WASTE DISPOSAL MAIN FROM RIVERSIDE WTP TO
MCLEAN LIME RESIDUE DISPOSAL FACILITY
THIS AGREEMENT, is hereby made and entered into this
day of //h 412 C_A/ , 2006, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter
referred to as "CITY") and Burns & McDonnell, an Illinois
Corporation (hereinafter referred to as "ENGINEER") .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional engineering services in connection with
design and construction of the Waste Disposal Main From
Riverside WTP to McLean Lime Residue Disposal Facility
(hereinafter referred to as the "PROJECT") ; and
WHEREAS, the ENGINEER represents that it is in compliance
with Illinois Statutes relating to professional registration
of individuals and' has the necessary expertise and experience
to furnish such services upon the terms and conditions set
forth herein below.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is
hereby mutually acknowledged, it is hereby agreed between the
parties hereto that the City hereby retains the engineer to
act for and represent City in all engineering matters
involved in the PROJECT, subject to the following terms,
conditions and stipulations :
I. SCOPE OF SERVICES
A. ENGINEER shall perform the Services described in
Attachment A, entitled "Scope of Services", which
is attached hereto and incorporated herein by
reference as part of this Agreement. No
Supplemental Services shall be performed by the
ENGINEER nor shall the CITY be responsible for the
payment of any such Supplemental Services unless
and until such supplemental Services are authorized
in advance in writing by the CITY.
B. Construction phase services described in
ENGINEER' s proposal dated December 21., 2005 shall
be awarded separately at the time of construction.
City of Elgin,Illinois
Engineering Agreement for
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
II . WORK PRODUCTS
All work products prepared by the ENGINEER pursuant
hereto including, but not limited to reports, designs,
calculations, work drawings, studies, photographs,
models and recommendations shall be the property of the
CITY when ENGINEER has been compensated for services
rendered and shall be delivered to the CITY upon request
of the DIRECTOR provided, however, that the ENGINEER may
retain copies of such work products for its records and
shall have the unrestricted right to their use. Such
work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the
PROJECT or on any other project, and such reuse shall be
at the sole risk of the CITY without liability or legal
exposure to the ENGINEER.
Notwithstanding the above, ENGINEER shall retain its
rights in its standard drawing details, designs,
specifications, databases, computer software and any
other proprietary property. Rights to intellectual
property developed, utilized, or modified in the
performance of the services shall remain the property of
the ENGINEER.
fr III. PAYMENTS TO THE ENGINEER
A. The CITY shall pay the ENGINEER for its services under
this Agreement a total lump sum fee of One Hundred Sixty
Seven Thousands Eight Hundred Forty Five
Dollars ($167, 845. 00) regardless of the actual costs
incurred by the ENGINEER unless modifications to the
scope of the work are authorized in writing by the CITY.
B. The CITY shall make periodic payments to the ENGINEER
based upon actual progress within 30 days after receipt
and approval of invoice. Said periodic payments for
each task shall not be made until the task is completed
and accepted by the CITY.
C. Schedule of the Work
ENGINEER shall perform all services provided for herein
in accordance with the project schedule "Attachment B"
that is attached hereto and incorporated by reference
as part of this Agreement .
City of Elgin,Illinois
Engineering Agreement for 2
Waste Disposal Main From Rivet-side WTP to
McLean Lime Residue Disposal Facility
E M.1m. M-
IV. INVOICES
A. The ENGINEER shall submit invoices in a format
approved by the CITY. Progress reports shall be
included with all payment requests .
B. The ENGINEER shall maintain records showing actual
time devoted and cost incurred. The ENGINEER shall
permit an authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER
for work done under this Agreement . The ENGINEER shall
make such records available at reasonable times during
the Agreement period, and for three years after
termination of this Agreement.
V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof_, the CITY may
terminate this Agreement at any time upon fifteen (15)
days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated, the ENGINEER shall
be paid for services actually performed and reimbursable
expenses actually incurred prior to termination, except
that reimbursement shall. not exceed the total amounts
set forth under paragraph III or IV above, whichever is
less .
VI. TERM
Unless terminated for cause or pursuant to Article V
herein, this Agreement shall terminate on the date CITY
determines in writing that all of ENGINEER' S work
pursuant to this Agreement is finally completed. A
determination of completion shall not constitute a
waiver of any rights or claims which the CITY may have
or thereafter acquire with respect to any term or
provision of this Agreement.
City of Elgin,Illinois
Engineering Agreement for 3
Waste Disposal Main From Riverside WTF to
McLean Lime Residue Disposal Facility
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VII . NOTICE OF CLAIM
fir
If the ENGINEER wishes to make a claim for additional
compensation as a result of action taken by the CITY,
the ENGINEER shall give written notice of its claim
within fifteen (15) days after occurrence of such
action. No claim for additional compensation shall be
valid unless such notice is so provided. Any changes in
the ENGINEER' S fee shall be valid only to the extent
that such changes are agreed to and signed in writing by
the CITY and the ENGINEER. Regardless of the decision
of the CITY relative to a claim submitted by the
ENGINEER, all work required under this Agreement as
determined by the CITY shall proceed without
interruption.
VIII. BREACH OF CONTRACT
All of the terms and provisions of this agreement are
material . If either party violates or breaches any term
of this Agreement, such violation or breach shall be
deemed to constitute a default, and the non-breaching
party shall have the right to seek such administrative,
contractual or legal remedies as may be suitable to the
( violation or breach. If either party, by reason of any
default, fails within fifteen (15) days after written
notice thereof by non-breaching party to comply with the
conditions of the Agreement, the non-breaching party may
terminate this Agreement.
IX. INDEMNIFICATION
To the fullest extend permitted by law, ENGINEER agrees
to and shall indemnify, defend and hold harmless the
CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,
judgments, costs, attorney' s fees, damages or other
relief, including but not limited to worker' s
compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the
ENGINEER in connection herewith, including negligence or
omissions of employees or agents of the ENGINEER arising
out of the performance of this Agreement . In the event
of any action against the CITY covered by the foregoing
duty to indemnify, defend and hold harmless such action
shall be defended by legal counsel of the CITY' s
choosing.
City of Elgin,Illinois
Engineering Agreement for 4
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility �M m �I
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M M man 0
X. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the
CITY shall be charged personally or held contractually
liable under any term or provision of this Agreement or
because of their execution, approval or attempted
execution of this Agreement.
XI. INSURANCE
A. Commercial Liability. The ENGINEER shall provide,
pay for and maintain in effect, during the term of this
Agreement, a policy of commercial general liability
insurance with limits of at least $1, 000, 000 aggregate
for bodily injury and $1, 000, 000 aggregate for property
damage.
The ENGINEER shall deliver to the CITY a Certificate of
Insurance including the CITY as additional insured.
Such policy shall not be modified or terminated without
thirty (30) days prior written notice to the CITY.
Such certificate of insurance shall include, but shall
not be limited to, coverage for all contractual
obligations assumed by the ENGINEER, including but not
limited to, those obligations assumed pursuant to
Article IX herein, entitled "Indemnification".
This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance
programs afforded to the CITY for claims arising from
the negligence of the ENGINEER. There shall be no
endorsement or modifications of this insurance to make
it excess over other available insurance; alternatively,
if the insurance states that it is excess or prorata, it
shall be endorsed to be primary with respect to the
CITY.
B. Comprehensive Automobile Liability. ENGINEER shall
maintain Comprehensive Automobile Liability Insurance
covering all owned, non-owned and hired motor vehicles
with limits of not less than $500, 000 per occurrence for
damage to property.
City of Elvin,Illinois
Engineering Agreement For S
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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C. Combined Single limit Policy. ENGINEER' S
�y requirements for insurance coverage for general
liability and auto exposures may be met with a combined
single limit of $1, 000, 000 per occurrence subject to a
$1, 000, 000 aggregate.
D. Professional Liability. The ENGINEER shall carry
Engineer' s professional Liability Insurance Covering
claims resulting from error, omissions or negligent acts
with a combined single limit of not less than $1, 000, 000
per occurrence/$3, 000, 000 aggregate. A Certificate of
Insurance shall be submitted to the CITY as evidence of
insurance protection. The policy shall not be modified
or terminated without thirty (30) days prior written
notice to the DIRECTOR.
XII. NONDISCRIMINATION
In all hiring or employment made possible or resulting
from this Agreement, there shall be no discrimination
against any employee or applicant for employment because
of sex, age, race, color, creed, national origin,
marital status, or the presence of any sensory, mental
or physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall
apply to, but not be limited to, the following:
employment advertising, layoff or termination, rates of
pay or other forms of compensation and selection for
training, including apprenticeship.
No person shall be denied or subjected to discrimination
in receipt of the benefit of any services or activities
made possible by or resulting from this Agreement on the
grounds of. sex, race, color, creed, national origin, age
except minimum age and retirement provisions, marital
status or the presence of any sensory, mental or
physical handicap. Any violation of this provision
shall be considered a violation of a material provision
of this Agreement and shall be grounds for cancellation,
termination or suspension, in whole or in part, of this
Agreement by the CITY.
City of Elgin,Illinois
Engineering Agreement for 6
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
XIII . ASSIGNMENT AND SUCCESSORS
r
This Agreement and each and every portion thereof shall
be binding upon the successors and the assigns of the
parties hereto; provided, however, that no assignment
shall be made without the prior written consent of the
CITY.
XIV. DELEGATION AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be
subject to all the terms, conditions and other
provisions of this Agreement and the ENGINEER shall
remain liable to the CITY with respect to each and every
item, condition and other provision hereof to the same
extent that the ENGINEER would have been obligated if it
had done the work itself and no assignment, delegation
or subcontract had been made. Any proposed
subcontractor shall require the CITY' S advanced written
approval .
It is understood and agreed that nothing herein
contained is intended or shall be construed to, in any
respect, create or establish the relationship of
cc-partners, joint venture or employment between the
CITY and the ENGINEER, or as constituting the ENGINEER
as a general representative or general agent of the CITY
for any purpose whatsoever.
XVI . SEVERABILITY
The terms of this agreement shall be severable. The
parties intend and agreed that, if any paragraph,
sub-paragraph, phrase, clause or other provision of this
Agreement, or any portion thereof, shall be held to be
void or otherwise unenforceable for any reason, all
other portions of this Agreement shall remain in full
force and effect .
City ot'Elgin,Illinois
Engineering Agreement for 7
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
XVII HEADINGS
The headings of the several paragraphs of this Agreement
are inserted only as a matter of convenience and for
reference and in no way are they intended to define,
limit or describe the scope of intent of any provision
of this Agreement, nor shall they be construed to affect
in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XVIII MODIFICATION OR AMENDMENT
This Agreement and its attachments constitute the sole
and entire Agreement of the parties on the subject
matter hereof and may not be changed, modified,
discharged or extended except by written amendment duly
executed by the parties . Each party agrees that no
representations or warranties shall be binding upon the
other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as
herein provided.
XIX. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and
shall be construed in accordance with the laws of the
State of Illinois . Venue for the enforcement of any
rights and the resolution of any and all disputes shall
be in the Circuit Court of Kane County, Illinois .
XX. NEWS RELEASES
The ENGINEER may not issue any news releases without
prior written approval from the CITY, nor may the
ENGINEER make public any reports or documents developed
under this Agreement without prior written approval from
the CITY prior to said documentation becoming matters of
public record.
XXI . COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants
in the CITY' S employ or any work associated with the
PROJECT.
City of Elgin,Illinois
Engineering Agreement for g
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
XXII . INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295
The ENGINEER certifies hereby that it is not barred from
bidding on this contract as a result of violations of
either Section 33E-3 or Section 33E-4 of the Illinois
Criminal Code.
XXIII . SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have
a written sexual harassment policy that includes, at a
minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under state and
federal law;
C. A description of sexual harassment, utilizing
examples;
D. The vendor' s internal complaint process including
penalties;
E . The legal recourse, investigative and complaint
process available through the Illinois Department
of Human Rights and Illinois Human Rights
Commission.
! F. Directions on how to contact the department and
commission;
G. Protection against retaliation as provided by
section 6-101 of Human Rights Act.
A Copy of such policy must be provided to the Department
of Human Rights upon request. P.A. 87-1257 .
XXIV. PREVAILING WAGE/PAYMENT OF TAXES.
The ENGINEER shall comply with the requirements of the
Prevailing Wage Act (820. ILCS 130/0.01 et seq. ) The
ENGINEER certifies it is not delinquent in the payment
of any tax administered by. the Illinois Department of
Revenue unless there is a pending proceeding contesting
the tax.
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by ENGINEER
to the CITY and other participants which may affect cost
or time of completion shall be made or confirmed in
writing. The CITY may also require other
City of Elgin,Illinois
Engineering Agreement for 9
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
recommendations and communications by the ENGINEER be
made or confirmed in writing.
XXVI NOTICES
All notices, reports and documents required under this
Agreement shall be in writing and shall be mailed by
First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
Kyla Jacobsen
Water System Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER
Stephen M. Linnemann
Vice President
Burns & McDonnell Engineering Co.
1431 Opus Place, Suite 400
Downers Grove, Illinois 60515-1164
XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES
In performing the services described in this Agreement,
Engineer will exercise the degree of care and skill
ordinarily exercised by reputable companies performing
the same or similar services in the same geographic
area .
XXVIII FORCE MAJEURE
ENGINEER will not be responsible for any delay or
failure of performance caused by fire or other casualty,
labor dispute, government or military action,
transportation delay, inclement weather, Act of God, act
or omission of the City or its other Contractors,
failure of any government authority to timely review or
to approve services or to grant permits or approvals, or
any other cause beyond ENGINEER'S reasonable control .
City of Elgin,Illinois
Engineering Agreement for 10
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
mom
IN WITNESS WHEREOF, the undersigned have placed their
hands and seal upon and executed this Agreement in triplicate
as though each copy hereof was an original and that there are
no other oral agreements that have noL been reduced to
writing in this statement .
For CITY:
ATTEST: CITY OF ELGIN
By By
City Clerk I y anager
For the ENGINEER:
Dated this day of A. D. 2006 f�e
WITNESSED:
By BY
(Print name) (Print Name)
Officer Title (SEAL)
City of Elgin,Illinois
Engineering Agreement Im
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
wo—oz-
me,
ATTACHMENT A
SCOPE OF SERVICES
CITY: City of Elgin
ENGINEER: Burns&McDonnell
PROJECT: Waste Disposal Main From Riverside Water Treatment Plant to
McLean Boulevard Lime Residue Disposal Facility.
TASK 1 —Preliminary Design
Task 1a: Meet with City Staff and Obtain Records 13NGINEER shall initiate a project kick-
off meeting to meet with the City to establish lines of communication and to obtain
available information that will assist in performing the work. As part of the kick-off
meeting ENGINEER shall.identify and discuss any constraints that may exist in
performing the work, other known scheduled projects or plans that might be impacted,
contractor work, site restrictions and limits to the work area,scheduling of contractor
deliveries and storage of materials,contract deliverables,project schedule and other
issues which should he addressed in the construction documents. Prior to the meeting the
ENGINEER shall submit a Request for Information to the City identifying information
and data that the City may have that will assist the ENGINEER completing the work.
Information requested will include,but not necessarily be limited to:
lal Copies of Existing Water Facility Information
1a2 Site Layouts
1a3 City Standards for Installation of Water Mains and Appurtenances
1a4 City Utility Atlases
1a5 City Benchmark Information and Topographic Maps
1 a6 City Records of Known Areas of Potential Hazardous Impacts
1a7 Available Floodplain or Special Management Area Information
1a8 Relevant Information regarding any Preferred Routing Alignments
Task 1b:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of'Task 1 a,ENGINEER
shall perform site survey and easement review for potential routes for the new waste
disposal line. Prior to performing the survey, ENGINEER shall develop several
alternative routes for consideration by the City. A meeting shall be set with the City to
review preliminary routing alternatives. This will be done to minimize survey field
efforts by eliminating proposed waste disposal main routes not acceptable to the City.
Following completion of the alternative routing meeting with the City,ENGINEER shall
perform a topographic field survey of the routing alignments being considered. The
survey shall include topographic and landscaping features,as well as the location,depth,
size, and materials of construction of field located utilities identified to be in potential
conflict with the new waste disposal main. The survey shall establish horizontal and
vertical control points and a coordinate system that can be used for future
design./construction surveys. Field data shall be collected as necessary for the preparation
of the construction contract documents. Available easement information shall be
reviewed and preparation of easement descriptions and plats of survey shall be developed
( as required for the Project.
l 1 City of Elgin,Illinois
Engineering Agreement for Attachment A Page-1
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
.._
0
Utility Coordination:As part of this task ENGINEER shall contact J.U.L.I.E and
request maps of existing utilities located on and in the vicinity of the planned project site,
This information shall be reviewed by the ENGINEER for potential conflicts. If needed,
mitigation measures will be presented to the City in the Basis of Design Memoranda,
IIydraulic Modeling:As part of this task ENGINEER shall perform hydraulic modeling
of the proposed alternative routes and the piping configuration at the Riverside Water
Treatment Plant. This information will be used in selection of the alternative for final
design.
Task 1c: Preparation of Base Drawings
Upon completion of Task Ib,ENGINEER shall download data obtained from the field
survey to develop base drawings for the Project. Information obtained from the utility
coordination activities will be added to the base drawings, This task shall be based on
field survey data and not data from GIS and aerial surveys. GIS data and aerial survey
data shall be used in the development of alternative routings completed as part of Task
I b. Base drawings shall be developed in plan&profile format for the new waste
disposal line using AutoCAD at a scale acceptable to the City. Additional survey shall be
performed, if necessary, to complete the preparation of the base drawings.
1 c1: Soil Borings and Analysis: As part of this Task 1 c,ENGINEER shall identify
appropriate soil boring locations;commission the soil borings and soils analyses required
for the project. This information will be used in development of a geotecllnical report
that can be used in finalizing the design of the Project.
Task 1d:Design Memoranda&Preliminary Designs and Plans
Upon completion of Task le,ENGINEER shall develop a Basis of Design Memorandum
and Preliminary Design Drawings and Plans for the Project in accordance with the City's
RFP. The Basis of Design Memorandum and Preliminary Design Drawings and Plans
shall be submitted to the City for review and comment. At least one meeting with the
City staff will be held to discuss review comments from City personnel. City comments
will be incorporated into the Basis of Design Memorandum and the Preliminary
Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans shall used as the basis for the
Final Design.
TASK 2-FINAL DESIGN
Task 2a–Prepare Design Documents
Upon completion of Task Id,ENGINEER shall proceed with the development of
Construction Bid Documents. This task shall include but not limited to;
2al Acquisition of additional survey or data required to complete the design
documents..
2a2 Development of detailed design documents including drawings and
specifications. These documents shall be developed taking into
consideration City procurement requirements including,but not necessarily
limited to, Instructions to Bidders,Advertisement for Bid,General
t
( City of Elgin,Illinois
Engineering Agreement for Attachment A Page-2
Waste Disposal Main From Riverside WIT to
McLean Lime Residue Disposal Facility
Ila,'tN. NuM N'. �N N Emn E-E","'Em.m�Nu m I N—E-��
Conditions, Special Conditions,Bid Forms,Insurance Requirements,
Performance and Payment Bonds and Contract Documents.
2a3 Design Drawings shall be developed in AutoCAD and the Project Manual
(City Bidding and Contract Documents and Technical Specifications)shall
be developed in MS-Word.
2a4 The design documents shall be developed in accordance with the schedule
presented in Attachment B.
Two sets of design documents shall be developed to allow for separate bids and awards
for a Phase I Construction Project in 2007 and a Phase II Construction Project in 2008.
Task 2b—Review of Drawings and Documents
ENGINEER shall make submittals of the Design Documents being developed in Task 2a
to the City for review and comment at the 75%,95%,and 100%stages of completion.
The detailed design documents shall include,at minimum plan and profile,vertical and
horizontal alignments, utility relocations,conflict avoidance,railroad underground
crossing, surface restoration, including lawns,trees,and bushes,protection of existing
landscaping, etc.
At least one meeting with the City's staff shall be required to review the City's comments
for each of the submittal stages. ENGINEER shall prepare a disposition of comments
document following the City's review to document the resolution of the comments.
Modifications to the design documents shall be made based on the resolution of the
comments at the review meeting and following concurrence from the City regarding the
disposition of comments.
l Task 2c—Perform Quality Control of Design
Y ENGINEER shall implement Technical Quality Assurance Program for this project. A
detailed technical quality assurance review shall be performed by independent
ENGINEER senior staffs that are not members of the day-to-day project team. Quality
assurance comments and responses shall be made available to the City upon request.
Task 2d—Discuss Design with City and Finalize Design Documents
ENGINEER shall provide six sets of the 100%design documents to the City for Final
Review, ENGINEER shall coordinate and participate in a meeting with the City to
present and discuss the design documents. The meeting shall include presentation of the
drawings,specifications and procedures developed for the Project. Any proposed
revisions shall be presented to the City. Following disposition of the review comments
from the meeting the design documents shall be finalized and issued for bid.
Twenty Five sets of final documents for each phase shall be provided to the City for
bidding purposes,
Task 2e—Prepare Opinion of Probable Construction Costs
ENGINEER shall submit an Engineer's Opinion of Probable Construction Cost with each
design submittal included in Task 2. The cost shall be submitted in a format acceptable
to the City.
City or Elgin,Illinois
Engineering Agreement for Attachnrent A Page-3
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
Task 2f—Assist City with Permit Applications
ENGINEER shall assist the City in the preparation of permit applications to the Illinois
Environmental Protection Agency,the Illinois State Division of Waterways,Kane
County and any other governmental agencies that have a regulatory interest in the project,
and provide other services required to secure permit approval. As part of the applications
the ENGINEER shall submit complete sets of the Final Design Drawings and
Specifications to applicable regulatory agencies as required.
TASK 3—BIDDING SERVICES
The City may bid the construction Phase I of the project in 2007,and Phase I1 of the
Project may be bid in 2008. The ENGINEER shall provide the following services to the
City for each of the two bid phases included in the Project.
Task 3a—Assist City with Bidding Phase
ENGINEER shall provide bidding assistance to the City that will include receiving bidder
questions and requests for clarification,responding to questions in writing and
preparation of addenda as necessary. Addenda wil I be submitted to the City for
distribution to the prospective bidders.
Task 3b•Assist the City with Bid Review and Contract Award
ENGINEER shall attend the Bid Opening and shall assist the City in reviewing and
evaluating bids and bidders to determine if the bids were submitted in accordance with
the contract documents and to determine if the bidders are qualified to perform the work.
Upon completion of the review and evaluation the ENGINEER shall make
recommendations to the City concerning the award of the construction contracts. This
4 task shall include the development and review of bid tabs, completeness of bid
submittals,and reference checks as requested by the City. The ENGINEER shall assist
the City in preparation of conforming copies of contracts. Assistance shall be provided in
facilitating the execution of the contracts and in the review of contract related documents
provided by the successful bidder.
As part of Task 3b, ENGINEER shall coordinate and participate in a pre-construction
meeting with the City and the Contractor. The agenda for the pre-construction meeting
shall include,but not necessarily be limited to,introduction of project personnel
representing the Contractor, Engineer and the City; establishment of lines of
communication, review and establishment of procedures for submittals, the project
schedule and other administrative requirements for the Project.
.i
�y City of Elgin,Illinois
Engineering Agreement for Attachment A Page-4
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
a'�,�x'`,"•�"���...���.c,'. _ ..,.a.- .__.�#�-a a:..:•. �.�'�-.-.-.� .. .,.. �> >x�`. � ,� ,:,-m�.�.:, ._. — ... �f�,�r..`...� �=.�.-. t:�f�:»�:#i�w:3 wft�'. .. -..
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City of Elgin.
G a.' WASTE DISPOSAL MAIN
z. Project Schedule-Attachment B
February 16,2006
2006 2007 1 2006
PROPOSED PROJECT TASKS Feb Mar Apr M2V Jun Jul Auu thru Od Nov Dec Jan Feb Marffiru Od Nov Dec Jan F Mar thru Od Nov Dec
T Notice To Prttceac I i .I I I I I I ! I
I I I fill
I I 1 I I ' I I
3x Task 1 a-Meet with the City Still and Obtain Record
3G
Task lb-Obrain sit,sway and E—.rd Irdarma6r
Task 1c-Preparation of Base Draving ! I I I I I ! I I I !
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Task Id-Design Wnworatda 6 Preliminary Designs and Pla
2 Fnal Dednn I I I I I I I ! I I I
Task 2a-Prepae Design Docvment
Task 2b-R.view al th.Drovrings and Document I I I I I I I I I I I I
Task 2c-Perlm a Quality Control of Desigi I I I
br. Task 2d-Discuss Design eAlh City and Finalize Design Docvm.n I I I I I ! I
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;! Task 2e-Prepas Opinions of Probable Cnru7ucton Cos I I I I I 1 I I
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Task 21-Assist CilywithPrmitnPPIcAm I ! ! I I I ! I I I I I
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Task 3a-Assist City with Bidding Phay I I I I I I I I I I I
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EXHIBIT C
FIRST AMENDMENT AGREEMENT
T is First endment Agreement is hereby made and entered into this A)7-�day of
2007, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an
Illinois corporation (hereinafter referred to as"ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated March 8th, 2006
(hereinafter referred to as"ORIGINAL AGREEMENT"), a copy of which is attached hereto and
made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain
engineering services related to the design of the CITY's Waste Disposal Main from Riverside
Water Treatment Plant to McLean Lime Residue Disposal Facility (hereinafter referred to as
"PROJECT"); and,
WHEREAS, the parties hereto have each determined it to be in their best interests to further
amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this
contract amendment; and,
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed;
the changes contemplated by this First Amendment Agreement are germane to the ORIGINAL
AGREEMENT as signed; and this First 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 hereby agree as
follows:
A. The above recitals are hereby incorporated into and made a part of this First
Amendment Agreement.
B. Section I.A of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "ENGINEER shall also perform
additional services for the PROJECT, to include preliminary and final design
engineering services, as described in the Scope of Services attached to the First
Amendment Agreement to this Engineering Services Agreement as Attachment B and
incorporated herein by this reference. No Supplemental Services shall be performed
by the ENGINEER nor shall the CITY be responsible for the payment of any such
Supplemental Services unless and until such Supplemental Services are authorized in
advance and in writing by the CITY."
C. Section LB of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "Construction phase services described in
Attaclunent B to the First Amendment Agreement shall be awarded separately at the
time of construction."
First Amendment Agreement
Joint Waste Disposal Main
1
�y.
W-t
N IN
D. Section III. A of the ORIGINAL AGREEMENT is hereby amended to by adding the
following text to the end thereof: "The CITY shall pay the ENGINEER for its
services pursuant to Attachment B to the First Amendment Agreement an additional
lump sum fee of One Hundred Fifty Eight Thousand Five Hundred Dollars
($158,500), regardless of the actual costs incurred by the ENGINEER unless
modifications to the scope of the work are authorized in writing by the CITY.
E. Section III is hereby amended by adding the following additional text to the end
thereof as subparagraph D: "Cost allocation between the City of Elgin and the Fox
River Water Reclamation District shall be presented in Attachment C to the First
Amendment Agreement, incorporated herein by this reference."
F. The CITY shall pay the aforementioned payment to the ENGINEER upon the
following basis:
Monthly invoices based upon progress reports that clearly identify services provided and
their value for the month being invoiced; and a summary of all services provided and the
total fee earned by the ENGINEER to date.
G. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect
except as specifically modified herein; provided, however, that all payment
provisions and service provisions of ORIGINAL AGREEMENT are superseded and
replaced as provided herein. This provision shall not constitute a waiver of any rights
to enforce any provisions of ORIGINAL AGREEMENT.
First Amendment Agreement
Joint waste Disposal Alain
2
}
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this AMENDMENT 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 qTY OF ELGIN
By: By: �41 .
Diane Robertson OlJZMa Marin `
City Clerk Ci
(SEAL)
For the ENGINEER:
Dated this ag-�' day of , A.D., 2007.
ATTEST:
By: B :
-- Y
Project Manager ice President
First Amendment Agreement
Joint Waste Disposal Alain
3
t
ATTACHMENT B
SCOPE OF SERVICES
Burns & McDonnell staff will work closely with the City of Elgin (City) and the Fox River Water
Reclamation District (FRWRD), hereinafter referred to as the "Client", to achieve the objectives of the
project. The scope of work for the project is presented in the following paragraphs:
TASK I—Preliminary Design
Task 1a:-Meet with Client and Obtain Records
Burns&McDonnell will initiate a project kick-off meeting to meet with the Client to establish lines
of communication and to obtain available information that will assist in performing the work. As part
of the kick-off meeting Burns&McDonnell will identify and discuss any constraints that may exist in
performing the work, other known scheduled projects or plans that might be impacted, contractor
work,site restrictions and limits to the work area,scheduling of contractor deliveries and storage of
materials,contract deliverables,project schedule and other issues which should be addressed in the
construction documents. Prior to the meeting we will submit a Request for Information to the Client
identifying information and data that the Client may have that will assist us completing the work.
Information requested will include, but not necessarily be limited to:
• Copies of Existing Water Facility Information
• Site Layouts
• Standards for Installation of Water Mains and Appurtenances
• Utility Atlases
• Records of Known Areas of Potential Hazardous Impacts
• Relevant Information regarding any Preferred Routing Alignments
Task 1 b:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of Task 1 a,Burns&McDonnell will
perform site survey and easement review for potential routes for the new waste disposal line from the
location where it diverges from the City of Elgin waste disposal line to the FRWRD facility. Prior to
performing the survey, Burns&McDonnell will develop several alternative routes for consideration
by the Client. A meeting will be requested with the Client to review preliminary routing alternatives.
This will be done to minimize survey field efforts by eliminating proposed waste disposal main routes
not acceptable to the Client.
Following completion of the alternative routing meeting with the Client,Burns&McDonnell will
perform a topographic field survey of the routing alignments being considered. The survey will
include topographic and landscaping features,as well as the location, depth, size, and materials of
construction of field located utilities identified to be in potential conflict with the new waste disposal
main. The survey will establish horizontal and vertical control points and a coordinate system that
can be used for future design/construction surveys. Field data will be collected as necessary for the
preparation of the construction contract documents. Available easement information will be reviewed
and preparation of easement descriptions and plats of survey will be developed as required for the
Proj ect.
fi
Utility Coordination: As part of this task Burns&McDonnell will contact J.U.L.I.E and request
maps of existing utilities located on and in the vicinity of the planned project site. This information
will be reviewed for potential conflicts. If needed,mitigation measures will be presented to the Client
in the Basis of Design Memoranda.
Hydraulic Modeling: As part of this task Burns &McDonnell will perform hydraulic modeling of
the proposed alternative routes and the piping configuration at the FRWRD Water Treatment Plant.
This information will be used in selection of the alternative for final design.
Task 1 c:Preparation of Base Drawings
Upon completion of Task lb,Burns &McDonnell will download data obtained from the field survey
to develop base drawings for the Project. Information obtained from the utility coordination activities
will be added to the base drawings. We believe that this task should be based on field survey data and
not data from GIS and aerial surveys. GIS data and aerial survey data will be used in the
development of alternative routings completed as part of Task 1 b. Base drawings will be developed
in plan&profile format for the new waste disposal line using AutoCAD at a scale acceptable to the
Client. Additional survey will be performed,if necessary, to complete the preparation of the base
drawings.
Soil Borings and Analysis: As part of this Task 1 c, Burns&McDonnell will identify appropriate
soil boring locations, commission the soil borings and soils analyses required for the project. This
information will be used in development of a geotechnical report that can be used in finalizing the
design of the Project.
Task 1d: Design Memoranda&Preliminary Designs and Plans
Upon completion of Task 1 c,Burns&McDonnell will develop a Basis of Design Memorandum and
Preliminary Design Drawings and Plans for the Project. The Basis of Design Memorandum and
Preliminary Design Drawings and Plans will be submitted to the Client for review and comment, We
anticipate that one meeting at the FRWRD Treatment Plant will be held to discuss review comments
from Client personnel. Client comments will be incorporated into the Basis of Design Memorandum
and the Preliminary Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans will used as the basis for the Final Design.
TASK 2—Final Design
Task 2a-Prepare Design Documents
Upon completion of Task Id,Burns and McDonnell will proceed with the development of
Construction Bid Documents. This task will include:
• Acquisition of additional survey or data required to complete the design documents.
• Development of detailed design documents including drawings and specifications.
These documents will be developed taking into consideration Client procurement
requirements including,but not necessarily limited to,Instructions to Bidders,
Advertisement for Bid, General Conditions, Special Conditions,Bid Forms,Insurance
Requirements, Performance and Payment Bonds and Contract Documents.
• Design Drawings will be developed in AutoCAD and the Project Manual will be
developed in MS-Word.
k .k:
l
Based on discussion with the Client two sets of design.documents will be developed to allow for
separate bids and awards for a Phase I Construction Project and a Phase II Constriction Project.
Burns&McDonnell has completed several project designs for the City of Elgin and is familiar with
the general format of the Project Manual required by the Client.
Task 2b—Review of Drawings and Documents
Burns&McDonnell will make submittals of the Design Documents being developed in Task 2a to
the Client for review and comment at the 75%, 95%,and 100% stages of completion. Burns &
McDonnell anticipates that one meeting at the Client's office in the City of Elgin will be required to
review the comments for each of the submittal stages. Burns&McDonnell will prepare a disposition
of comments document following Client review to document the resolution of the comments.
Modifications to the design documents will be made based on the resolution of the comments at the
review meeting and following concurrence from the Client regarding the disposition of comments,
The detailed design documents will include,at a minimum,those items required in Task 2b of the
RFP.
Task 2c—Perform Quality Control of Design
Technical Quality Control is a fundamental principle of Burns&McDonnell's six step Quality
Assurance Program. Burns&McDonnell will implement its six-step Quality Assurance Program for
this project. A detailed technical quality assurance review will be performed by independent Burns &
McDonnell senior staff that are not members of the day-to-day project team. Quality assurance
comments and responses will be made available to the Client upon request.
Task 2d—Discuss Design with City and Finalize Design Documents
Burns&McDonnell will provide six sets of the 100%design documents to the Client for Final
Review. Burns&McDonnell will coordinate and participate in a meeting with the Client to present
and discuss the design documents. The meeting will include presentation of the drawings,
specifications and procedures developed for the Project. Any proposed revisions will be presented to
the Client. Following disposition of the review comments from the meeting the design documents
will be finalized and issued for bid.
Twenty Five sets of final documents will be provided to the Client for bidding purposes.
Task 2e—Prepare Opinion of Probable Construction Costs
Burns &McDonnell will submit an Engineer's Opinion of Probable Construction Cost with each
design submittal included in Task 2. The cost will be submitted in a format acceptable to the Client.
Task 2f—Assist Client with Permit Applications
Burns &McDonnell will assist the Client in the preparation of permit applications to the Illinois
Environmental Protection Agency,the Illinois State Division of Waterways,Kane County and any
other governmental agencies that have a regulatory interest in the project, and provide other services
required to secure permit approval. As part of the applications we will submit complete sets of the
Final Design Drawings and Specifications to applicable regulatory agencies as required.
1
TASK 3—Bidding Services
Burns &McDonnell anticipates that Phase I and Phase II of the Project will be bid independently.
We will provide the following services to the Client for each of the two bid phases included in the
Project.
Task 3a—Assist FRWRD with Bidding Phase
Burns &McDonnell will provide bidding assistance to the Client that will include receiving bidder
questions and requests for clarification,responding to questions in writing and preparation of addenda
as necessary. Addenda will be submitted to the Client for distribution to the prospective bidders.
Task 3b-Assist FRWRD with Bid Review and Contract Award
Burns &McDonnell will attend the Bid Opening and will assist the Client in reviewing and
evaluating bids and bidders to determine if the bids were submitted in accordance with the contract
documents and to determine if the bidders are qualified to perform the work. Upon completion of
the review and evaluation we will make recommendations to the Client concerning the award of the
construction contracts. This task will include the development and review of bid tabs, completeness
of bid submittals, and reference checks as requested by the Client. We will assist the Client in
preparation of conforming copies of contracts. Assistance will be provided in facilitating the
execution of the contracts and in the review of contract related documents provided by the successful
bidder.
As part of Task 3b,Burns&McDonnell will coordinate and participate in a pre-construction meeting
with the Client and the Contractor. The agenda for the pre-construction meeting will include,but not
necessarily be limited to,introduction of project personnel representing the Contractor,Engineer and
the Client; establishment of lines of communication,review and establishment of procedures for
submittals,the project schedule and other administrative requirements for the Project.
E�.9
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ATTACE MENT C
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
WASTE DISPOSAL MAINS PROJECT
ALLOCATION OF DESIGN FEE
DESIGN FEE
Burns & McDonnell's fee for design of the City of Elgin and Fox River Water Reclamation District Waste
Disposal Mains is $326,345.00. This fee includes $167,845.00 in the original agreement between Burns &
McDonnell and the City of Elgin dated March 8, 2006 and $120,000.00 for inclusion of the waste disposal
main for the Fox River Water Reclamation District and $38,500 for additional bidding and contract support.
The allocation of fees for the design is as follows:
City of Elgin Fee:
1. Design Fee for new City of Elgin 14-inch-diameter lime sludge disposal main and in common alignment
with the Fox River Water Reclamation District sludge transfer main: $52,000.00.
2. Design fee for new City of Elgin 14-inch-diameter lime sludge disposal main separate from the Fox River
Water Reclamation District sludge transfer main: $93,845.00.
3.Design fee for re-bidding of project to include open cut alternatives: $19,250.00.
The total design fee allocated to the City of Elgin is$165,095.00.
Fox River Water Reclamation District Fee:
1. Design Fee for the Fox River Water Reclamation District sludge transfer main and the new City of Elgin
14-inch-diameter lime sludge disposal main in common aligmnent with: $52,000.00.
2. Design fee for the Fox River Water Reclamation District sludge transfer main separate from the new City
of Elgin 14-inch-diameter lime sludge disposal main: $90,000.00.
3. Design fee for re-bidding of project to include open cut alternatives: $19,250.00
The total design fee allocated to the Fox River Water Reclamation District is $161,250.
W.Em si�?,.:,,.0 N _ .. �."°�'.-r.,. .. s' lti dw'' ". 't• .,s d R`x: 7`c�`°-`M.: "�,..�.
EXHIBIT D
SECOND AMENDMENT AGREEMENT
T is Second Amendment Agreement is hereby made and' entered into this1day of
�� � `>Q_� , 2007, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an
Illinois corporation(hereinafter referred to as"ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated March 8th, 2006
(hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached hereto and
made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain
engineering services related to the design of the CITY's Waste Disposal Main from Riverside
Water Treatment Plant to McLean Lime Residue Disposal Facility (hereinafter referred to as
"PROJECT"); and,
WHEREAS, the parties hereto have also previously entered into an Amendment to the
ORIGINAL AGREEMENT, (hereinafter referred to as "FIRST AMENDMENT"), a copy of
which is attached hereto and made a part hereof as Attachment "B," which amended and
modified the ORIGINAL AGREEMENT; and,
WHEREAS, the professional engineering services for Phase I Design which form the basis of
Phase I Services identified in the ORIGINAL AGREEMENT have been completed to the extent
that Phase I Construction Phase Services are now required; and,
WHEREAS, the parties hereto have each determined it to be in their best interests to further
amend and modify ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT,
pursuant to the terms and provisions of this Second Amendment Agreement.
WHEREAS, CITY has requested ENGINEER to provide construction phase services for
PROJECT; and,
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed;
the changes contemplated by this Second Amendment Agreement are gennane to the
ORIGINAL AGREEMENT as signed; and this Second 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 hereby agree as
follows:
A. The above recitals are hereby incorporated into and made a part of this Second
Amendment Agreement.
B. SECTION I -SCOPE OF SERVICES of the ORIGINAL AGREEMENT, as modified by
the FIRST AMENDMENT, is hereby amended to add the following additional text at the
end of subparagraph I.A thereof:
Second Amendment Agreement
Joint Waste Disposal Main Project
1
•, .._• ... ... S n n e. r h �i'�/'Friµ`
"The following Services are hereby authorized:
PHASE I CONSTRUCTION PHASE SERVICES
The ENGINEER shall perform construction phase services, including, but not limited to,
project administration, for the Project as follows.
PROJECT ADMINISTRATION
The ENGINEER shall perform project administration services during the construction
phase of the Project. By performing these services, the ENGINEER shall not have
authority or responsibility to supervise, direct, or control the Contractor's work or the
Contractor's means, methods, techniques, sequences or procedures of construction. The
ENGINEER shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractor to comply
with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor
furnishing and performing the work.
The CITY's current general services contract for testing laboratory services shall be utilized for
any construction phase testing or laboratory services required for the project. The CITY shall be
solely responsible for obtaining independent testing services for the project.
Services to be performed by the ENGINEER are as follows:
1. Receive copies of the Contractor's insurance certificates and forward the certificates to
the CITY for acceptance by the CITY ENGINEER's review of the insurance certificates
is only for the purpose of determining if the Contractor maintains the general types and
amounts of insurance required by the contract documents, and is not a legal review to
determine if the Contractor's insurance coverage complies with all applicable
requirements.
2. At a date and time selected by the CITY and at facilities provided by the CITY,conduct a
preconstruction conference. The ENGINEER shall prepare an agenda for the conference
and prepare and distribute minutes. The preconstruction conference shall include a
discussion of the Contractor's schedules and scheduling requirements, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
critical work sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
3. Review and comment on the Contractor's initial construction schedule and advise the
CITY as to acceptability. The Contractor shall be solely responsible for establishing,
monitoring, and providing input for revising the construction schedule including
construction means, methods, techmiques, site safety, sequences and procedures used in
the construction of the project.
Second Amendment Agreement
Joint Waste Disposal Main Project
2
4. Analyze the Contractor's construction schedule, activity sequence, and construction
procedures as applicable to the CITY's ability to keep existing facilities in operation.
5. Review the Contractor's initial and updated schedule of estimated monthly payments and
advise the CITY as to acceptability.
6. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. The ENGINEER'S review shall be for general
conformity to the construction contract drawings and specifications for the Contract and
shall not relieve the Contractor of any of his contractual responsibilities. Such reviews
shall not extend to means, methods, techniques, sequences, or procedures of construction
or to safety precautions and programs incident thereto.
7. Receive and review guarantees, bonds, and certificates of inspection, tests, and approvals
which are to be assembled by the Contractor in accordance with the construction contract
documents, and transmit them to the CITY.
8. Interpret construction contract drawings when requested by the CITY or Contractor. If
authorized by the CITY and Contractor, the ENGINEER may interpret construction
contract drawings and specifications upon request by subcontractors and suppliers.
9. Review and process the Contractor's monthly payment requests, and forward to the CITY
for processing. The ENGINEER's review shall be for the purpose of making a full
independent mathematical check of the Contractor's payment request. The ENGINEER is
responsible for verifying the quantities of work which are the basis of the payment
request.
10. Provide documentation and administer the processing of change orders, including
applications for extensions of construction time. Items involving any delays to the project
shall be documented. Evaluate the cost and scheduling aspects of all change orders and,
where necessary, negotiate with the Contractor to obtain a fair price for the work. Said
negotiation shall be subject to the approval of the CITY. Work related to unusually
complex or unusually numerous claims is covered under supplemental services.
11. The ENGINEER shall review value engineering change orders proposed by the
Contractor.
12. Upon completion of the project, revise the construction contract drawings to conform to
the construction records. Submit one electronic copy and one set of black-line prints to
the CITY.
13. Act as initial negotiator on all claims of the CITY and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction
contract documents pertaining to the execution and progress of the work.
Second Amendment Agreement
Joint Waste Disposal Main Project
3
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14. Analyze data from performance testing of equipment by the Contractor or supplier(s)
when the construction contract documents require the equipment to be tested after
installation. Submit conclusions to the CITY.
15. Upon substantial completion, inspect the construction work and in cooperation with the
C 1 TY's staff prepare a tentative listing of those items to be completed or corrected before
final completion of contract. Submit results of the inspection to the CITY and Contractor.
16. Upon completion or correction of the items of work on the tentative list, conduct final
inspection in cooperation with CITY's staff to determine if the work is completed.
Provide written recommendations concerning final payment to the CITY, including a list
of items, if any, to be completed prior to the making of such payment.
17. Collect and organize 5 sets of operations and maintenance data provided by Contractor.
Each set shall be placed in separate binders and provided with a table of contents, and
submitted to CITY.
18. Receive and review the consent of surety to final payment furnished by the Contractor.
FULL TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a full-time Resident Project Representative (RPR) for construction
of the Phase I — Joint Waste Disposal Main Project (Project). CITY staff shall observe and
document construction activity during periods when the RPR is not on site. A total of 220
resident staff days averaging nine hours per day (1980 hours) are budgeted for the Project. If
required and requested by the CITY, additional resident services shall be provided by the
ENGINEER as a supplemental service under this Amendment.
The RPR shall observe the Contractor's work and perform the services listed below when on site.
The RPR shall not have responsibility for the superintendence of construction site conditions,
safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other
than employees of the ENGINEER. This service shall in no way relieve the Contractor of
complete supervision of the work or the Contractor's obligation for complete compliance with
the drawings and specifications. The Contractor shall have sole responsibility for safety and for
maintaining safe practices and avoiding unsafe practices or conditions.
The RPR shall review or observe the Contractor's activities or construction site conditions as
they are during his on-site visits. CITY staff shall review, observe, and document activities and
conditions when RPR is not on-site and report to RPR any items of concern. General services to
be performed by the part-time RPR during on-site visits for the contract are as follows:
SITE OBSERVATIONS AND LIAISON WITH THE CITY AND THE CONTRACTOR
1• Conduct on-site observations of the general progress of the work to assist the
ENGINEER in determining if the work is proceeding in accordance with the construction
contract documents.
Second Amendment Agreement
Joint Waste Disposal Alain Project
4
N--F-A -W-
_ � x
2. Serve as the ENGINEER'S liaison with the Contractor, working principally through the
Contractor's Superintendent, and assist the ENGINEER in providing interpretation of the
construction contract documents. Transmit the ENGINEER'S clarifications and
interpretations of the construction contract documents to the Contractor.
3. Consult with the CITY and the Contractor, giving opinions and suggestions based on his
(Resident Project Representative's) observations regarding defects or deficiencies in the
Contractor's work and relating to compliance with drawings, specifications, and design
concepts.
4. Advise the ENGINEER and the Contractor or his superintendent immediately of the
commencement of any work requiring a shop drawing or sample submission if the
submission has not been accepted by the ENGINEER.
5. Monitor changes of apparent integrity of the sites (such as subsurface conditions, existing
structures, and site-related utilities when such utilities are exposed) resulting from
construction related activities.
6. Observe pertinent site conditions when the Contractor maintains that differing site
conditions have been encountered, and. document actual site conditions. The review and
analysis of the Contractor claims for differing site conditions are supplemental services.
7. Review the Contractor's construction sequence plans for all construction work
undertaken simultaneously. Review the Contractor's proposed changes to the
construction drawings.
8. Visually inspect materials, equipment, and supplies delivered to the work site. Reject
materials, equipment, and supplies which do not conform to the construction contract
documents.
9. Assist the CITY in coordinating on-site materials testing services during construction.
Copies of testing results shall be forwarded to the CITY and Contractor for review and
information.
10. Observe field tests of equipment, structures, and piping, and review the resulting reports,
commenting to the CITY as appropriate.
OUTSIDE LIAISON AND PUBLIC RELATIONS SERVICES
1. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the project. Record the results of these inspections and report to the ENGINEER and
CITY.
MEETINGS, REPORTS,AND DOCUMENTS REVIEW AND MAINTENANCE
Second Amendment Agreement
Joint waste Disposal Main Project
5
I. Attend preconstruction conference, and assist in explaining administrative procedures
which will be followed during construction.
2. Prepare for and attend monthly progress meetings, and other meetings when deemed
necessary, with the CITY and the Contractor to review and discuss construction
procedures and progress scheduling, engineering management procedures, and other
matters concerning the project.
3. Report to the ENGINEER whenever work is known to be defective or does not meet the
requirements of any inspections, tests, or approval required to be made or has been
damaged prior to final payment, and advise the ENGINEER when the work should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection, or approval.
4. Review applications for payment with the Contractor for compliance with the established
procedure for their submission and forward them with recommendations to the
ENGINEER, noting particularly their relation to the schedule of values, work completed,
and materials and equipment delivered to the site but not incorporated into the work.
5. Assist CITY staff in maintaining a marked set of record drawings and specifications at
the job site based on data provided by the Contractor. This information shall be combined
with information maintained by the Contractor and a master set of record documents
produced.
ASSISTANCE IN CERTIFICATION OF SUBSTANTIAL COMPLETION
1. Before the ENGINEER issues a Certificate of Substantial Completion, assist the CITY in
submitting to the Contractor a list of observed items requiring completion or correction.
2. Assist the ENGINEER in conducting final inspection in the company of the CITY and
the Contractor, and prepare a final list of items to be completed or corrected.
3 Verify that all items on the final list have been completed or corrected and make
recommendations to the ENGINEER concerning acceptance."
C. Section III of the ORIGINAL AGREEMENT, as modified by the FIRST
AMENDMENT, is hereby amended to add the following additional text relating to
payments to the ENGINEER for Construction Phase Services, as subparagraph E thereof:
E. Payments for Construction Phase Services
1. The CITY shall pay the ENGINEER for its services pursuant to the Second
Amendment Agreement pertaining to this Agreement, on a time and materials
basis, not to exceed fee of Two Hundred Sixty Thousand Four Hundred Thirty
Five Dollars and Seventy-Six Cents ($260,435.76), which shall not be modified or
exceeded unless authorized in writing by the CITY. A schedule of fees upon
Second Amendment Agreement
Joint waste Disposal Alain Project
6
which the aforementioned fee of $260,435.76 is based is attached hereto and
made a part hereof as Attachment B to the Second Amendment Agreement
pertaining to this Agreement.
2. The CITY shall pay the aforementioned payment to the ENGINEER upon
receipt of acceptable invoices on a monthly basis identifying the services
provided and their value for the month being invoiced, along with a summary
of all services provided and the total fee earned by the ENGINEER to date.
3. The scheduling and performance of the work shall be initiated upon Notice to
Proceed from the City through December 31, 2008.
D. The ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, shall
remain in full force and effect except as specifically modified herein; provided, however,
that all payment provisions and service provisions of the ORIGINAL AGREEMENT, as
modified by the FIRST AMENDMENT, are superseded and replaced as provided herein.
This provision shall not constitute a waiver of any rights to enforce any provisions of the
ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT.
Second Amendment Agreement
Joint Waste Disposal Main Project
7
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this AMENDMENT in triplicate as though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE C TY OF ELGIN
By:
By:
Diane Robertson �— Olu e Folarin
City Clerk City Ma ag
(SEAL)
For the ENGINEER:
Dated this— a$O� day of , ,,�,,� ,A.D., 2007.
ATTEST:
By: � By:
Project Manager Associate Vice Pre 'de
i
J
Second Amendment Agreement
Joint Waste Disposal Main Project
8
IBM- 0- -M- I M- EN_mo_W� _ ; -MI. nw W-L- w•c-
a City of Elgin
x Joint Waste Disposal Main Project
Engineering Fees for Phase I Construction Services
Revised September 07,2007
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4. Construction Phase Services
4a. Review Contractor Submittals 4 32 16
$186.16 $6,254.16
4b. Provide Full Time Construction Resident Inspector 80 160 1980 $11,000.00 $0
4c. Review Contractor Pay Request Submittals 16 24 48 $219,140.00
$315-04 $9,955.04
4d. Assist with Change Orders and Project Close 8 16 32 $200 48
$6,240.48
4e. Provide Record Drawings 16 32 48 80 $600,00 $630.08 $18,846.08
4
"e
Total hours 0 124 264 2124 80 0
Hourly Billing Rate $15500 S145 00 5127.00 $89.00 $87-00 ono
Subtotals $0.00 $17,980.00 $33,528.00 $189,036.00 $6,960.00 $0.00 $11,600.00 $1,331.76
- r $260,435.76
' Total Fee $260,435.76
LMi
ATTACHMENT C
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
JOINT WASTE DISPOSAL MAIN PROJECT
ALLOCATION OF PHASE I CONSTRUCTION SERVICES
CONSTRUCTION SERVICES
The fee for Phase I Construction Services included in Amendment 2 is for the Joint Waste Disposal Main
Project for the City of Elgin and Fox River Water Reclamation District Waste Disposal Mains is
$260,435.76. The allocation of fees for the design is as follows:
City of Elgin Fee:
1. Phase 1.Construction Services Fee for$130,217.88.
Fox River Water Reclamation District Fee:
1.Phase I Construction Services Fee for$130,217.88..
4
THIRD AMENDMENT AGREEMENT
This Third Amendment Agreement is hereby made and entered into this day of
, 2008, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an
Illinois corporation(hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated March 8th, 2006
(hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached hereto and
made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain
engineering services related to the design of the CITY's Waste Disposal Main from Riverside
Water Treatment Plant to McLean Lime Residue Disposal Facility (hereinafter referred to as
"PROJECT"); and,
WHEREAS, the parties hereto have also previously entered into an Amendment to the
ORIGINAL AGREEMENT, (hereinafter referred to as "FIRST AMENDMENT"), a copy of
which is attached hereto and made a part hereof as Attachment "B," which amended and
modified the ORIGINAL AGREEMENT, by which CITY engaged ENGINEER to perform
additional engineering services related to the design of the PROJECT in order to separate said
PROJECT into two separate phases; and,
WHEREAS, the parties hereto have also previously entered into an Amendment to the
ORGINAL AGREEMENT, (hereinafter referred to as "SECOND AMENDMENT"), a copy of
which is attached hereto and made a part hereof as Attachment "C," which amended and
modified the ORIGINAL AGREEMENT, by which CITY engaged ENGINEER to perform
construction phase services for Phase I of the PROJECT; and,
WHEREAS, the professional engineering services for Phase iI Design which form the basis of
Phase II Services identified in the ORIGINAL AGREEMENT have been completed to the extent
that Phase II Construction Phase Services are now required; and,
WHEREAS, the parties hereto have each determined it to be in their best interests to further
amend and modify ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT and
SECOND AMENDMENT, pursuant to the terms and provisions of this Third Amendment
Agreement.
WHEREAS, CITY has requested ENGINEER to provide construction phase services for Phase
II of the PROJECT; and,
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed;
the changes contemplated by this Third Amendment Agreement are germane to the ORIGINAL
AGREEMENT as signed; and this Third Amendment Agreement is in the best interests of the
CITY and is authorized by law.
Third Amendment Agreement
Joint Waste Disposal Main Project
1
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as
follows:
A. The above recitals are hereby incorporated into and made a part of this Third Amendment
Agreement.
B. SECTION I -SCOPE OF SERVICES of the ORIGINAL. AGREEMENT, as modified by
the FIRST AMENDMENT and SECOND AMENDMENT, is hereby amended to add the
following additional text at the end of subparagraph I.A thereof:
The following Services are hereby authorized:
PHASE II CONSTRUCTION PHASE SERVICES
The ENGINEER shall perform construction phase services, including, but not limited to,
project administration, for the Project as follows.
PROJECT ADMINISTRATION
The ENGINEER shall perform project administration services during the construction
phase of the Project. By performing these services, the ENGINEER shall not have
authority or responsibility to supervise, direct, or control the Contractor's work or the
Contractor's means, methods, techniques, sequences or procedures of construction. The
ENGINEER shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractor to comply
with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor
furnishing and performing the work.
The CITY's current general services contract for testing laboratory services shall be utilized for
any construction phase testing or laboratory services required for the project. The CITY shall be
solely responsible for obtaining independent testing services for the project.
Services to be performed by the ENGINEER are as follows:
1. Receive copies of the Contractor's insurance certificates and forward the certificates to
the CITY for acceptance. Review of the insurance certificates, by ENGINEER, is only
for the purpose of determining if the Contractor maintains the general types and amounts
of insurance required by the contract documents, and is not a legal review to determine if
the Contractor's insurance coverage complies with all applicable requirements.
2. At a date and time selected by the CITY and at facilities provided by the CITY, conduct a
preconstruction conference. The ENGINEER shall prepare an agenda for the conference
and prepare and distribute minutes. The preconstruction conference shall include a
discussion of the Contractor's schedules and scheduling requirements, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
Third Amendment Agreement
Joint waste Disposal Main Project
2
critical work sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
3. Review and comment on the Contractor's initial construction schedule and advise the
CITY as to acceptability. The Contractor shall be solely responsible for establishing,
monitoring, and providing input for revising the construction schedule including
construction means, methods, techniques, site safety, sequences and procedures used in
the construction of the project.
4. Analyze the Contractor's construction schedule, activity sequence, and construction
procedures as applicable to the CITY's ability to keep existing facilities in operation.
5. Review the Contractor's initial and updated schedule of estimated monthly payments and
advise the CITY as to acceptability.
6. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. The ENGINEER's review shall be for general
conformity to the construction contract drawings and specifications for the Contract and
shall not relieve the Contractor of any of his contractual responsibilities. Such reviews
shall not extend to means, methods, techniques, sequences, or procedures of construction
or to safety precautions and programs incident thereto.
7. Receive and review guarantees, bonds, certificates of inspection, tests, and approvals
which are to be assembled by the Contractor in accordance with the construction contract
documents,and transmit them to the CITY.
S. Interpret construction contract drawings when requested by the CITY or Contractor. If
authorized by the CITY and Contractor, the ENGINEER may interpret construction
contract drawings and specifications upon request by subcontractors and suppliers.
9. Review and process the Contractor's monthly payment requests, and forward to the CITY
for processing. The ENGINEER's review shall be for the purpose of making a full
independent mathematical check of the Contractor's payment request. The ENGINEER is
responsible for verifying the quantities of work which are the basis of the payment
request.
10. Provide documentation and administer the processing of change orders, including
applications for extensions of construction time. Items involving any delays to the project
shall be documented. Evaluate the cost and scheduling aspects of all change orders and,
where necessary, negotiate with the Contractor to obtain a fair price for the work. Said
negotiation shall be subject to the approval of the CITY. Work related to unusually
complex or unusually numerous claims is covered under supplemental services.
11. The ENGINEER shall review value engineering change orders proposed by the
Contractor.
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12. Upon completion of the project, revise the construction contract drawings to conform to
the construction records. Submit one electronic copy and one set of black-line prints to
the CITY.
13. Act as initial negotiator on all claims of the CITY and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction
contract documents pertaining to the execution and progress of the work.
14. Analyze data from performance testing of equipment by the Contractor or supplier(s)
when the construction contract documents require the equipment to be tested after
installation. Submit conclusions to the CITY.
15. Upon substantial completion, inspect the construction work and in cooperation with the
C 1TY's staff prepare a tentative listing of those items to be completed or corrected before
final completion of contract. Submit results of the inspection to the CITY and Contractor.
16. Upon completion or correction of the items of work on the tentative list, conduct final
inspection in cooperation with CITY's staff to determine if the work is completed.
Provide written recommendations concerning final payment to the CITY, including a list
of items, if any, to be completed prior to the making of such payment.
17. Collect and organize 5 sets of operations and maintenance data provided by Contractor.
Each set shall be placed in separate binders and provided with a table of contents, and
submitted to CITY.
18. Receive and review the consent of surety to final payment furnished by the Contractor.
FULL TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a full-time Resident Project Representative (RPR) for construction
of the Phase II — Joint Waste Disposal Main Project (Project). CITY staff shall observe and
document construction activity during periods when the RPR is not on site. A total of 216
resident staff days averaging nine hours per day (1,944 hours) are budgeted for the Project. If
required and requested by the CITY, additional resident services shall be provided by the
ENGINEER as a supplemental service under this Amendment.
The RPR shall observe the Contractor's work and perform the services listed below when on site.
The RPR shall not have responsibility for the superintendence of construction site conditions,
safety, safe or unsafe practices or conditions, operation, equipment, or personnel other than
employees of the ENGINEER. This service shall in no way relieve the Contractor of complete
supervision of the work or the Contractor's obligation for complete compliance with the
drawings and specifications. The Contractor shall have sole responsibility for safety and for
maintaining safe practices and avoiding unsafe practices or conditions.
The RPR shall review or observe the Contractor's activities or construction site conditions as
they are during his on-site visits. CITY staff shall review, observe, and document activities and
Third Amendment Agreement
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4
conditions when RPR is not on-site and report to RPR any items of concern. General services to
be performed by the part-time RPR during on-site visits for the contract are as follows:
SITE OBSERVATIONS AND LIAISON WITH THE CITY AND THE CONTRACTOR
1. Conduct on-site observations of the general progress of the work to assist the
ENGINEER in determining if the work is proceeding in accordance with the construction
contract documents.
2. Serve as the ENGINEER's liaison with the Contractor, working principally through the
Contractor's Superintendent, and assist the ENGINEER in providing interpretation of the
construction contract documents. Transmit the ENGINEER's clarifications and
interpretations of the construction contract documents to the Contractor.
3. Consult with the CITY and the Contractor, giving opinions and suggestions based on his
(Resident Project Representative's) observations regarding defects or deficiencies in the
Contractor's work and relating to compliance with drawings, specifications, and design
concepts.
4. Advise the ENGINEER and the Contractor or his superintendent immediately of the
commencement of any work requiring a shop drawing or sample submission if the
submission has not been accepted by the ENGINEER.
5. Monitor changes of apparent integrity of the sites (such as subsurface conditions, existing
structures, and site-related utilities when such utilities are exposed) resulting from
construction related activities.
6. Observe pertinent site conditions when the Contractor maintains that differing site
conditions have been encountered, and document actual site conditions. The review and
analysis of the Contractor claims for differing site conditions are supplemental services.
7. Review the Contractor's construction sequence plans for all constriction work
undertaken simultaneously. Review the Contractor's proposed changes to the
construction drawings.
8. Visually inspect materials, equipment, and supplies delivered to the work site. Reject
materials, equipment, and supplies which do not conform to the construction contract
documents.
9. Assist the CITY in coordinating on-site materials testing services during construction.
Copies of testing results shall be forwarded to the CITY and Contractor for review and
information.
10. Observe field tests of equipment, structures, and piping, and review the resulting reports,
commenting to the CITY as appropriate.
Third Amendment Agreement
Joint Waste Disposal Main Project
5
OUTSIDE LIAISON AND PUBLIC RELATIONS SERVICES
1. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the project. Record the results of these inspections and report to the ENGINEER and
CITY.
MEETINGS, REPORTS, AND DOCUMENTS REVIEW AND MAINTENANCE
1. Attend preconstruction conference, and assist in explaining administrative procedures
which will be followed during construction.
2. Prepare for and attend monthly progress meetings, and other meetings when deemed
necessary, with the CITY and the Contractor to review and discuss construction
procedures and progress scheduling, engineering management procedures, and other
matters concerning the project.
3. Report to the ENGINEER whenever work is known to be defective or does not meet the
requirements of any inspections, tests, or approval required to be made or has been
damaged prior to final payment, and advise the ENGINEER when the work should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection, or approval.
4. Review applications for payment with the Contractor for compliance with the established
procedure for their submission and forward them with recommendations to the
ENGINEER, noting particularly their relation to the schedule of values, work completed,
and materials and equipment delivered to the site but not incorporated into the work.
5. Assist CITY staff in maintaining a marked set of record drawings and specifications at
the job site based on data provided by the Contractor. This information shall be combined
with information maintained by the Contractor and a master set of record documents
produced.
ASSISTANCE IN CERTIFICATION OF SUBSTANTIAL COMPLETION
1. Before the ENGINEER issues a Certificate of Substantial Completion, assist the CITY in
submitting to the Contractor a list of observed items requiring completion or correction.
2. Assist the ENGINEER in conducting final inspection in the company of the CITY and
the Contractor, and prepare a final list of items to be completed or corrected.
3 Verify that all items on the final list have been completed or corrected and make
recommendations to the ENGINEER concerning acceptance.
C. Section III of the ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT
and SECOND AMENDMENT, is hereby amended to add the following additional text
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6
relating to payments to the ENGINEER for Construction Phase Services, as subparagraph
E thereof:
E. Pavments for Construction Phase Services
1. The CITY shall pay the ENGINEER for its services pursuant to the Third
Amendment Agreement pertaining to this Agreement, on a time and materials
basis, not to exceed fee of Two Hundred Fifty-Nine Thousand Five Hundred
Eighty-One Dollars and Forty-Four Cents ($259,581.44), which shall not be
modified or exceeded unless authorized in writing by the CITY. A schedule of
fees upon which the aforementioned fee of $259,581.44 is based is attached
hereto and made a part hereof as Attachment D to the Third Amendment
Agreement pertaining to this Agreement.
2. The CITY shall pay the aforementioned payment to the ENGINEER upon
receipt of acceptable invoices on a monthly basis identifying the services
provided and their value for the month being invoiced, along with a summary
of all services provided and the total fee earned by the ENGINEER to date.
3. The scheduling and performance of the work shall be initiated upon Notice to
Proceed from the City through December 31, 2008.
D. The ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT and
SECOND AMENDMENT, shall remain in full force and effect except as specifically
modified herein; provided, however, that all payment provisions and service provisions
of the ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT and
SECOND AMENDMENT, are superseded and replaced as provided herein. This
provision shall not constitute a waiver of any rights to enforce any provisions of the
ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT and SECOND
AMENDMENT.
Third Amendment Agreement
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7
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this AMENDMENT 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
By: By:
Diane Robertson Olufemi Folarin
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this 1—r49 day of , A.D., 2008.
ATTEST:
By: By:
Project Manager Associate Vice President
Third Amendment Agreement
Joint Waste Disposal Slain Project
8
Attachement D
City of Elgin
Joint Waste Disposal Main Project
Engineering Fees for Phase 11 Construction Services
July 3,2008
Resident; Survey General Technology
Principal Prolectr� 1 Cont. Engineer, Senior-CA -'Support 'E:penes Charge
:.., ,
Task -
Manager,. 'Manager ,fo Inpector
Task Descri tion tip t4) 13 {il) (9) ) Total.
a.Construction Phase Services
4a.Review Contractor Submittals 4 16 571 60 52,315.60
4b.Provide Full Time Construction Resident Inspector 60 1944 135 $11,000.00 SO.00 5229,706.00
4c.Review Contractor Pay Request Submittals 16 48 S»9 12 $7,541 12
4d.Assist with Change Orders and Project Close 8 32 $143.20 $4,631 20
4e.Provide Record Drawings 16 48 80 5600.00 S515 52 515,387 52
Total hours 0 104 0 1088 80 135
Hourly Billing Rate $155.00 $145.00 1UL29 $104.0 0 87 00 58.00
subtotals 50,00 S11,080.00 SO.011 5217,152.110 56,960.00 S7,830.00 $11,600.00 5959.44 5259,581.44
ITotal Fee $239�gS1_{�
B
I McDonnell
ATTACHMENT E
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
JOINT WASTE DISPOSAL MAIN PROJECT
ALLOCATION OF PHASE I CONSTRUCTION SERVICES
CONSTRUCTION SERVICES
The fee for Phase II Construction Services included in Amendment 3 is for the Joint Waste Disposal Main
Project for the City of Elgin and Fox River Water Reclamation District Waste Disposal Mains is
$259,581.44. The allocation of fees for this work can only be estimated at this time because certain portions
of the project are specific to only the City of Elgin and only the Fox River Water Reclamation District.
Burns & McDonnell will keep daily records of its field time to appropriately allocate finding between both
parties.
Estimated City of Elgin Fee:
1. Phase I1 Construction Services Fee for$216,075.52.
Estimated Fox River Water Reclamation District Fee:
1. Phase I1 Construction Services Fee for$43,505.92.
•
City of Elgin Agenda Item No.
��n S/'�✓� ed �✓y "'
lsfr : b U
fD be si4nalt
March 12, 2009 Cm'"Iro r/rS
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Kyla Jacobsen, Water System Superintendent
SUBJECT: First and Second Addendums 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 the First and Second Addendums 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 First and
Second Addendums to the Intergovernmental Agreement with FRWRD.
BACKGROUND
The City of Elgin had budgeted to design and construct a redundant line to pump the Lime Waste
from the Riverside Water Treatment Plant (WTP) to South McLean Boulevard Lime Disposal
Facility. There are six individual cells at the lagoon site, all of which are in a continual rotation
of filling, drying and emptying.
During the early stages of engineering for the City's new Lime Waste Disposal Main, the Water
Department staff was approached by FRWRD staff indicating that the district was interested in
constructing a similar disposal main to transfer residuals from their north plant to their main
plant, rather than trucking the material as is done now. An agreement with FRWRD was
authorized by the City Council at the June 13, 2007 meeting.
The First and Second Amendments to the IGA are necessary to reflect amendments to the
engineering agreement that were previously approved and to account for Metra and Union
Pacific easements. A copy of the First and Second Addendums are attached to this
memorandum.
Addendums to the Agreement with FRWRD for the Lime Waste Disposal Main Project
March 12, 2009
Page 2
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None
�FINANCIAL IMPACT
The proposed amendment to the intergovernmental agreement with FRWRD provides the
opportunity for the City of Elgin and FRWRD to share costs where applicable.
The Lime Waste Disposal Project -number 409691- totals $6.46 million and is being funded by
impact fees (Water Development Fund) and the water portion of two General Obligation Bond
funds. Currently $1,542,699 has been received from FRWRD towards shared expenses. Phase
I is currently under construction.
EGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to authorize execution of the First and Second Addendums
to the Intergovernmental Agreement.
2. The City Council may choose not to authorize execution of the First and Second
Addendums to the Intergovernmental Agreement.
Respectfully submitted for Council consideration.
PLB/KBJ
Attachment
t City of Elgin Memorandum
Date: April 17, 2009
To: Kyla Jacobsen, Water System Superintendent
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 09-86, Adopted at the April 8, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please distribute to the appropriate parties
and if needed, 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.
• First Addendum to the Intergovernmental Agreement with the Fox River Water
Reclamation District (FRWRD) for the Lime Waste Disposal Main Project