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Home My WebLink About11-148 • r Resolution No. 11-148 RESOLUTION AUTHORIZING EXECUTION OF FOURTH AMENDMENT AGREEMENT WITH R.K. JOHNSON & ASSOCIATES, INC. D/B/A CARROLL ENGINEERING &ASSOCIATES IN CONNECTION WITH THE 2006 CSO NPDES PERMIT COMPLIANCE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute Fourth Amendment Agreement with R.K. Johnson & Associates, Inc. d/b/a Carroll Engineering & Associates on behalf of the City of Elgin in connection with the 2006 CSO NPDES Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2011 Adopted: August 24, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk . a FOURTH AMENDMENT AGREEMENT THIS FOURTH AMENDMENT AGREEMENT is hereby made and entered into this 24th day of August , 2011, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and R.K. Johnson & Associates, Inc., an Illinois professional corporation d/b/a Carroll Engineering & Associates (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 9, 2006 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2006 CSO NPDES Permit Compliance Project (hereinafter referred to as "Subject Agreement" and the "Project"); and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011; and WHEREAS, the Subject Agreement provided a detailed Project Schedule only for the year 2006; and WHEREAS, the parties have previously entered into a First Amendment Agreement in 2007 providing for a Project Schedule in 2007; and WHEREAS, the parties hereto have previously entered into a Second Amendment dated October 14, 2009 providing for a Project Schedule for 2009; and WHEREAS, the parties hereto have previously entered into a Third Amendment in 2010 providing for a Project Schedule for 2010; and WHEREAS, the parties hereto now desire to further amend the Subject Agreement by adding a Project Schedule for 2011 NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Section IC of the Subject Agreement is hereby amended by adding the following to the end thereof: "The ENGINEER shall also perform in the calendar year 2011 the additional services set forth in the detailed Scope of Services attached hereto and incorporated herein as Attachment A-5." 2. Section IIB of the Subject Agreement is hereby further amended by adding the following to the end thereof: "A detailed Project Schedule for calendar year 2011 for the Project is attached hereto as Attachment B". 3. Section IVC of the Subject Agreement is hereby further amended by amending the previously listed fee for 2011 of$6,265.00"to read "$94,000.00". 4. The changes provided to the Subject Agreement as provided in this Fourth Amendment Agreement are germane to the original contract as signed and this Fourth Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 5. That except as amended in this Fourth Amendment Agreement the Subject Agreement, as previously amended, shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Subject Agreement, as previously amended, and the provisions in this Fourth Amendment Agreement, the provisions of this Fourth Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Fourth Amendment Agreement as of the date and year first written above. CITY OF ELGIN R.K. JOHNSON &ASSOCIATES, INC. d/b/a CARROLL ENGINEERING & ASSOCIATES BY ._% ter 4By 9'�'°-� .0 /°. E4(,4 ity Manager Its MCI/D EAv T Attest: Attest: City Clerk Its Secretary F:\Legal Dept\Agreement\Carroll Engineering-Fourth Amendment Agr.docx -2 - CITY 2006 CSO PERMIT COMPLIANCE PROJECT 2011 SCOPE OF SERVICES ATTACHMENT A-5 The scope of services to be provided for the addendum to contract year 2011 shall be defined as follows: ORIGINAL 2006 CSO NPDES PERMIT COMPLIANCE PROJECT OBJECTIVES 1. Permit Application Assistance and Compliance a. This task has been completed; follow-up will continue as discussed in Item 9 b. This task has been completed c. This task has been completed; follow-up will continue as requested by the City d. This task is ongoing in connection with the finalization of the Long Term Control Plan and the submittal to renew NPDES permit which expires on February 29, 2012 e. This task has been completed; follow-up will continue as requested by the City 2. Manhole Inspection a. This task has been completed; follow-up will continue as discussed in Item 9 b. This task has been completed; follow-up will continue as discussed in Item 9 3. Sewer System Map Maintenance a. This task has been completed. b. This task has been completed. 4. MMS Data Base Maintenance a. This task has been completed b. This task has been completed. c. This task is has been completed and is continued/revised in this addendum as discussed in Item 9 5. General Mapping Services a. This task has been completed as requested by the City. NOTE: There was no supplemental Scope of Services for the CSO Project for the calendar years of 2007 and 2008. The First Amendment Agreement was based solely on the submittal of a Project Schedule for 2007. No Amendment Agreement of any kind was completed for the calendar year of 2008. SUPPLEMENTAL OBJECTIVES FROM 2009 AMENDMENT (Second Amendment) 6. Additional Items Added in 2009 a. This task is ongoing and is continued through this addendum as discussed in Item 9 b. This task has been completed; follow-up will continue as discussed in Item 9 c. This task is ongoing and is continued through this addendum as discussed in Item 9 d. This task has been completed e. This task has been completed Attachment A-5 7. Additional Design Services Added in 2009 a. This task has been revised as discussed in Item 9 b. This task has been completed; follow-up will continue as discussed by the City c. This task has been completed, follow-up will continue as discussed by the City d. This task has been revised as discussed in Item 9 e. This task has been revised as discussed in Item 9 SUPPLEMENTAL OBJECTIVES FROM 2010 AMENDMENT (Third Amendment) 8. Additional Items Added in 2010 a. (Item i & ii) This task has been completed b. This task has been completed and is continued/revised through this addendum as described in Item 9 c. This task has been completed and is continued/revised in this addendum as discussed in Item 9 SUPPLEMENTAL OBJECTIVE INCORPORATED INTO THE 2011 AMENDMENT (Fourth Amendment) 9. Additional Items to be Added/Revised in 2011 a. Permit Assistance and Compliance i. Continue coordination with the IEPA as the City's Representative for all permit and compliance submittals ii. Finalize Long Term Control Plan. The LTCP will include provisions to implement a monitoring system for floatables to be used in the development of a first flush treatment plan. The first flush treatment design will not be completed under the 2011 Amendment. iii. Prepare and submit NPDES Permit Renewal iv. Update and maintain the CSO filing system as requested by the City b. Manhole Inspection i. Continue manhole inspections as outlined in the original contract under Item 2a. Approximately 1500 manholes are to be inspected during the 2011 addendum period. Inspections will continue to serve as verifications of map layout, manhole location and line connectivity. ii. In instances where the inspections do not confirm the manhole layout, location or line connectivity,the map shall be altered via "red-line" mark-ups. The maps shall be neatly organized and delivered to the City for use in the map updates completed under a separate project. iii. Photographs of the manholes (as added in the 2010 Scope of Services) shall continue to be taken and saved in electronic format for delivery to the City iv. All condition data shall continue to be recorded as outlined in the 2010 Scope of Services. In lieu of entry directly into the MMS database, condition data shall be entered and saved in a software acceptable to the City (Excel or ArcPad). At quarterly intervals, the electronic files will be delivered to the City for use in the map updates completed under a separate project. Attachment A-5 r r c. Sewer System Map Maintenance i. Map sanitary sewer services from Record Drawings already forwarded by the City. No additional sanitary service mapping is included in the Amendment ii. Conduct final map update to include all sanitary sewer service mapped under this Amendment. d. MMS Database Updates i. Update database to include information for sewer services shown in Record Drawings already forwarded by the City. No additional database updates are included in this Amendment. ii. Conduct final update to system database to include all sanitary sewer service information entered under this Amendment. Attachment A-5 10 • I I ELGIN CSO - Activities Completed under the 2011 Amendment July 2011 Au ust 2011 1 September 2011 October 2011 November 2011 ID Task Name Duration 10 117 1 24 31 I 7 114 T 21 128 1 4 I 11 1 18 I 25 1 2 I 9 116 123 1 30 1 6 I 13 I 20 1 27 1 1.Permit Application&Compliance Od 8/1 i 2 Review IEPA comments from LTCP submittal' 6d 3 Finalize Long Term Control Plan(LTCP)* 36d N. 4 Prepare&Submit Revised LTCP* 19d 5 Complete NPDES Permit Renewal-Draft 11d 6 City Review of NPDES Permit Renewal 6d 11111 ' 7 Prepare&Submit NPDES Permit Renewal 5d ♦ 8/24 ' 8 Review IEPA Comments from Permit Renewal* 3d ' 9 Final Revision&Submittal of NPDES Permit Renewal 8d : 10 2.Manhole Inspections 1d . 8/1 11 Manhole Inspections 2011 133d - 12 Enter MH information into local database 138d 13 Save MH photos in local database 133d • 14 Summary of Critical Manhole Defects 103d 15 Final submittal of database&manhole info. 4d 16 3.Sewer Sytem Map Maint. 1d + 8/1 17 Enter sanitary service info.into City map 89d 1 • `i 18 Conduct final update of City map 10d 19 4.MMS Database Maintenance 1d . 8/1 - LLL 20 Enter sanitary service info.into database 89d 21 Conduct final update of City database 10d - .• 22 5.Completion of 2011 CSO Tasks 1d Project:2006 to 2011 CSO NPDES Task !' Progress Milestone • Permit Compliance Project Date:8/10/11 *Task will not be applicable if no response from TEPA is received Page 1 ATTACHMENT B - ELGIN CSO - Activities Completed under the 2011 Amendment December 2011 January 2012 I February 2012 March 2012 April 2012 M ID Task Name 4 11 18 1 25 1 I. 8 15 122 J 29 I 5 12 [ 19 1 26 [ 4 r 11 1 18 25 1 8 I 15 22 [ 29 I 6 1 1.Permit Application&Compliance 2 Review IEPA comments from LTCP submittal* 3 Finalize Long Term Control Plan(LTCP)* 4 Prepare&Submit Revised LTCP* 5 Complete NPDES Permit Renewal-Draft 6 City Review of NPDES Permit Renewal 7 Prepare&Submit NPDES Permit Renewal 8 Review IEPA Comments from Permit Renewal* 9 Final Revision&Submittal of NPDES Permit Renewal 10 2.Manhole Inspections 11 Manhole Inspections 2011 12 Enter MH information into local database 13 Save MH photos in local database „- ... 14 Summary of Critical Manhole Defects 15 Final submittal of database&manhole info. 16 3.Sewer Sytem Map Maint. 17 Enter sanitary service info.into City map 18 Conduct final update of City map 19 4.MMS Database Maintenance 20 Enter sanitary service info.into database 21 Conduct final update of City database 22 5.Completion of 2011 CSO Tasks ♦ 2/29 Project:2006 to 2011 CSO NPDES Task Progress Milestone . Permit Compliance Project Date:8/10/11 *Task will not be applicable if no response from TEPA is received Page 2 ATTACHMENT B 1 OF tic, , 22 - City of Elgin Memorandum 4j;il Date: August 12, 2011 To: Barb Furman, Legal Dept. From: Eric Weiss, Water Dept. Subject: Fourth Amendment Agreement with R.K. Johnson DBA Carroll Engineering Please find enclosed 3 original signed agreements from Carroll Engineering for the 2006-2011 CSO NPDES permit compliance. We would like one copy returned to the Water Department after execution. Thanks. Enclosure -410. I h rEPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS AGENDA ITEM: J MEETING DATE: August 10, 2011 ITEM: Fourth Amendment to the Engineering Services Agreement for 2006-2011 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance ($94,000) OBJECTIVE: To continue with the multi-year IEPA discharge pollution compliance program. RECOMMENDATION: Approve the fourth amendment to an agreement with Carroll Engineering and Associates in the not-to-exceed amount of$94,000. [ BACKGROUND The city of Elgin has obtained a National Pollution Discharge Elimination System (NPDES) permit from the State of Illinois Environmental Protection Agency (TEPA) since the mid 1990's for the operation of the combined (sanitary and storm water) sewer system. The NPDES permit issued to the city for Combined Sewer Overflow (CSO) compliance is mandated by federal and state law. The city's current permit was issued in January 2007 and is due for renewal in 2012. (The NPDES CSO permit is separate and distinct from the "general" NPDES permit the city ob- tains for its stormwater system. The general NPDES permit work being is currently being per- formed for the city by the Baxter and Woodman engineering firm.) The city first entered into a six-year agreement with Carroll Engineering and Associates of Bel- videre, Illinois in August 2006 to assist in obtaining a NPDES CSO permit. The original agreement included efforts to obtain the five-year permit from the IEPA and then to maintain the pro- grams listed in the permit. In a July 2006 memorandum to city council, staff identified a handful of documents the IEPA was likely to require during the six-year agreement. That memorandum discussed the additional effort necessary to develop the required documents and to amend the agreement similar to Attachment A. In August 2007, a first amendment was approved that add- ed a schedule for work. In October 2009, a second amendment was approved that revised 2008 and 2009 fees based on additional required scope items and added a schedule for work in 2009. In May 2010, a third amendment was approved that revised the 2010 fee for additional re- quired scope items and added a schedule for work in 2010 (Attachment B). Attachment C is the previous agreements and scopes of work. A preliminary Long Term Control Plan (LTCP) was submitted to the IEPA in November 2009. The IEPA raised questions on the city's financial ability to separate the combined sewers and the city was required to respond with justification supporting the duration of its proposed LTCP schedule. The city submitted information justification was submitted to the IPEA for further re- view in December 2010. OPERATIONAL ANALYSIS Carroll Engineering will continue to coordinate with the IEPA as the city's representative, includ- ing finalizing the LTCP and renewing the city's NPDES CSO permit. The attached amendment will change the schedule, fees and engineering effort found in the original agreement and the three subsequent amendments. A major endeavor during this fourth amendment will be completing the renewal application the city's NPDES CSO permit. A substantial change from the previous amendments is removing the GIS mapping component from the scope of services for a 34 per- cent reduction in the fees from the previous amendment. The GIS mapping work is being com- piled in a department-wide single source maintenance program at a lower cost. The reapplication for the NPDES CSO permit will be part of the scope of the work under this amended contract. INTERESTED PERSONS CONTACTED Carroll Engineering is in regular contact with city staff and periodic contact with the IEPA as re- quired, determining that the city is within compliance of the NPDES CSO program. FINANCIAL ANALYSIS The cost of this fourth amendment to the Carroll Engineering contract is $94,000. Fees ex- pended through the 2010 agreement for NPDES CSO compliance total $415,395. The Sewer Fund five year capital improvement plan includes annual funding of$155,000 for the combined sewer overflows program . BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE 2005 G.O. Bond 365-4200-795.93-41 340004 $6,000 $6,000 2007 G.O. Bond 367-4200-795.92-41 340004 $149,000 $149,000 2 LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject the fourth amendment to the agreement and attempt to comply with the permit requirements with in-house staff. NEXT STEPS 1. Agreement is executed. 2. Carroll Engineering to proceed with work. Originators: Eric B. Weiss, Water Operations Engineer I Kyla B.Jacobsen, Water Director ''` David L. Lawry, Public Services Director (Pk Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Fourth Amendment to the Agreement with Carroll Engineering B: Work Schedule C: Original Agreement and Amendments One, Two and Three 3 AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT is hereby made and entered into this w day of V y 2011, by and between the City of Elgin, Illinois, a municipal corporation "41) (hereinafter referred to as the"City"), and Carroll Engineering& Associates, Inc., an Illinois professional service corporation(hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 9, 2006 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2006 CSO NPDES Permit Compliance Project (hereinafter referred to as "Subject Agreement" and the"Project"); and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011; and WHEREAS. Attachments A, A-1 and A-2 to the Subject Agreement provided a detailed Scope of Services for the year 2006 through 2010, and the parties now desire to amend the Subject Agreement by adding a Project Schedule for 2011 and a revision to the fee of$94,000.00 for the 2011 addendum items in Attachment A-3. It is understood by both parties that the items listed in Attachment A-3 will be substantially completed in 2011. As the NDPES Permit renewal is required in February, however, a portion of the work will carry over into 2012. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Section 11B of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed Project Schedule for calendar year 2011 for the Project is attached hereto as Attachment B". 2. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 3. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement,the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL ENGINEERING AND ASSOCIATES,// Inc. ��_ By: By: ,)-4440v /` • La? City Manager Its President Attest: Attest: City Clerk Its Secretar, CITY OF ELGIN 2006 CSO PERMIT COMPLIANCE PROJECT 2011 SCOPE OF SERVICES ATTACHMENT A-3 The scope of services to be provided for the addendum to contract year 2010 shall be defined as follows: ORIGINAL 2006 CSO NPDES PERMIT COMPLIANCE PROJECT OBJECTIVES (ATTACHMENT A) 1. Permit Application Assistance and Compliance a. This task has been completed; follow-up will continue as discussed in Item 11 b. This task has been completed c. This task has been completed; follow-up will continue as requested by the City d. This task is ongoing in connection with the finalization of the Long Term Control Plan and the submittal to renew NPDES permit which expires on February 29, 2012 e. This task has been completed; follow-up will continue as requested by the City 2. Manhole Inspection a. This task has been completed; follow-up will continue as discussed in Item I I b. This task has been completed; follow-up will continue as discussed in Item I r3. Sewer System Map Maintenance a. This task has been completed. b. This task has been completed. 4. MMS Data Base Maintenance a. This task has been completed b. This task has been completed. c. This task is has been completed and is continued/revised in this addendum as discussed in Item 11. 5. General Mapping Services a. This task has been completed as requested by the City. NOTE: There was no supplemental Scope of Services for the CSO Project for the calendar years of 2007 and 2008. SUPPLEMENTAL OBJECTIVES FROM 2009 AMENDMENT (ATTACHMENT A-1) 6. Additional Items Added in 2009 a. This task is ongoing and is continued through this addendum as discussed in Item 11 b. This task has been completed; follow-up will continue as discussed in Item 11 c. This task is ongoing and is continued through this addendum as discussed in Item 1 I C"14 d. This task has been completed e. This task has been completed Attachment A-3 9. Additional Design Services Added in 2009 a. This task has been revised as discussed in Item 11 b. This task has been completed; follow-up will continue as discussed by the City c. This task has been completed, follow-up will continue as discussed by the City d. This task has been revised as discussed in Item 6 e. This task has been revised as discussed in Item 6 SUPPLEMENTAL OBJECTIVES FROM 2010 AMENDMENT (ATTACHMENT A-2) 10. Additional Items Added in 2010 a. (Item i & ii) This task has been completed b. This task has been completed and is continued/revised through this addendum as described in Item 11. c. This task has been completed and is continued/revised in this addendum as discussed in Item 1 l SUPPLEMENTAL OBJECTIVE INCORPORATED INTO THE 2011 AMENDMENT (ATTACHMENT A-3) 11. Additional Items to be Added/Revised in 2011 a. Permit Assistance and Compliance i. Continue coordination with the IEPA as the City's Representative for all permit and compliance submittals ii. Finalize Long Term Control Plan. The LTCP will include provisions to implement a monitoring system for floatables to be used in the development of a first flush treatment plan. The first flush treatment design will not be completed under the 2011 Amendment. Prepare and submit NI'DES Permit Renewal iv. Update and maintain the CSO filing system as requested by the City b. Manhole Inspection i. Continue manhole inspections as outlined in the original contract(attachment A) under Item 2a. Approximately 1500 manholes are to be inspected during the 2011 addendum period. Inspections will continue to serve as verifications of map layout, manhole location and line connectivity. ii. In instances where the inspections to not confirm the manhole layout, location or line connectivity, the map shall be altered via "red-line" mark-ups. The maps shall be neatly organized and delivered to the City for use in the map updates completed under a separate project. iii. Photographs of the manholes(as added in the 2010 Scope of Services) shall continue to be taken and saved in electronic format for delivery to the City iv. All condition data shall continue to be recorded as outlined in the 2010 Scope of Services. In lieu of entry directly into the MMS database,condition data shall be entered and saved in a software acceptable to the City (Excel or ArcPad). At quarterly intervals, the electronic files will be delivered to the City for use in the map updates completed under a separate project. °IF) Attachment A-3 c. Sewer System Map Maintenance i. Map sanitary sewer services from Record Drawings already forwarded by the City. No additional sanitary service mapping is included in the Amendment ii. Conduct final map update to include all sanitary sewer service mapped under this Amendment. d. MMS Database Updates i. Update database to include information for sewer services shown in Record Drawings already forwarded by the City. No additional database updates are included in this Amendment. ii. Conduct final update to system database to include all sanitary sewer service information entered under this Amendment. Attachment A-3 2010 SCOPE OF SERVICES ATTACHMENT A-2 The scope of services to be provided for the addendum to contract year 2010 shall be as follows; Original Objectives 1. Permit Application Assistance and Compliance a. This task has been completed; follow-up will be continued. b. This task has been completed. c. This task has been completed. d. This task is ongoing in connection with the development of the Long Term Control Plan. e. This task has been completed. 2. Manhole Inspection • a. This task has been completed; follow-up will be continued and discussed in Item 1. b. This task has been completed; follow-up will be continued and discussed in Item 3. Sewer System Map Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. 4. MMS Data Base Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. c. This item is ongoing and is continued through this addendum. 5. General Mapping Services a. This item is ongoing and is continued through this addendum. 2009 Amendment 1. Additional Items to be Added to Contract a. Coordinate with the IEPA as the City's representative on any update required to previously submitted plans and studies. b. Prepare a Long Term Control Plan to he submitted to the IEPA for permit compliance. Draft to be sent to TEPA in October. • c. Attend meetings with the City and the IEPA as required to remain in permit compliance. 10 meetings have been appropriated for this task. d. Continue manhole inspections as required in the original contract. Approximately 1500 manholes are to be inspected during the 2009 addendum period. e. Continue mapping as required in the original. 2. Design Services to be Provided by Engineer a. Demonstrate that the first flush flow is being treated and design a floatable removal system to be implemented. b. Work with the City to provide website design ideas and information to be uploaded to the site concerning the City's CSO's. c. Work with the City to improve the existing DMR procedures. d. Develop a SCADA system to be implemented utilizing camera and weather station technology as discussed during the July 13`'' 2009 meeting. The design is to be developed in association with Elan Technologies Inc. and then presented to the City. This design is to include provisions for attachment to flowmeters in order to monitor dry and wet weather flows. This is to include the design work only. .41111) Attachment A-2 e. The Engineer in association with Elan Technologies is to provide monitoring of dry and wet weather flows of specified outlets by flow monitors. Flow monitors are to he provided by the City. Attachment A-2 Objectives for the 2010 Amendment 1. Additional items to be Added to the Contract a. Manhole Inspections i. Continue manhole inspections as required in the original contrac. Approximately 1500 manholes are to be inspected during the 2010 addendum period. ii. A photo of the inside of the manhole will be taken during inspections. h. Sewer System Map Maintenance iii. Continue map updates as required in the original contract. iv. Map Sanitary Services from As Built plans received from the City. c. MMS Data Base Maintenance i. Continue database updates as required in the original contract. ii. Additional information will be entered into the system as follows: 1. X and Y coordinates for all point shape files 2. Inspection Status for manholes 3. Defect Rating for inspected manholes 4. RIM and INV from As Built Plans for manholes 5. Upstream INV and Downstream INV from As Built Plans for pipes 6. Grid Location per Water Grid for all point shape files 7. Pin Number, Diameter, Wye location, Property line location, Material. Length, Depth, Invert, Waste Flow from As Built Plans for Sanitary Services 8. Refine the Overall Condition Rating from manhole inspections by only including the Ring, Wall and Cone of the manhole 9. Inspection Photos iii. Additional columns added to shape files are as follows: 1. An acceptance column 2. An TEPA Permit number column 3. A Lined column for lined manholes and pipes This information will he entered into the system at a future date. r Attachment A-2 2009 PROJECT SCHEDULE ATTACHMENT A-I The scope of services to be provided for the addendum to contract year 2009 shall be as follows: Original Attachment A objectives 1. Permit Application Assistance and Compliance 111) a. This task has been completed; follow-up will be continued as discussed in Item 6. b. This task has been completed. c. This task has been completed. d. This task is ongoing in connection with the development of the Long Term Control Plan and is further discussed in Item 6. e. This task has been completed. 2. Manhole Inspection a. This task has been completed; follow-up will be continued and discussed in Item 6. b. This task has been completed; follow-up will be continued and discussed in Item 6. 3. Sewer System Map Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. 4. MMS Data Base Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. c. This item is ongoing and is continued through this addendum. 5. General Mapping Services a. This item is ongoing and is continued through this addendum. 6. Additional Items to be Added to Contract a. Coordinate with the TEPA as the City's representative on any update required to previously submitted plans and studies and as outlined in Item la and Id in Attachment A. b. Prepare a Long Term Control Plan to be submitted to the IEPA for permit compliance. Draft to be sent to TEPA in October. c. Attend meetings with the City and the IEPA as required to remain in permit compliance. 10 meetings have been appropriated for this task. d. Continue manhole inspections as required in the original contract under Item 2a in Attachment A. Approximately 1500 manholes are to he inspected during the 2009 addendum period. e. Continue mapping as required in the original contract under Item 2b in Attachment A and Item 1 d in Attachment A-1 2. Design Services to be Provided by Engineer a. Demonstrate that the first flush flow is being treated and design a floatable removal system to be implemented. b. Work with the City to provide website design ideas and information to be uploaded to the site concerning the City's CSO's. c. Work with the City to improve the existing DMR procedures. Attachment A-I d. Develop a SCADA system to be implemented utilizing camera and weather station technology as discussed during the July 13`h 2009 meeting. The design is to be developed in association with Elan Technologies Inc. and then presented to the City. This design is to include provisions for attachment to flowmeters in order to monitor dry and wet weather flows. This is to include the design work only. e. The Engineer in association with Elan Technologies is to provide monitoring of dry and wet weather flows of specified outlets by flow monitors. Flow monitors are to be provided by the City. r Attachment A-I • 2006 CSO NPDES PERMIT COMPLIANCE PROJECT The scope of services to be provided for contract year 2006-2011 shall be as follows: 1. Permit Application Assistance and Compliance a. Coordinate with IEPA as the City's representative on any follow-up information needed for renewal of the City's NPDES permit application. Advise the City on alternatives, if any are offered, during the permit writing process. 1. This task includes an immediate review of the application and recommendations for follow up. b. Establish a step-by-step procedure for the City to follow for future compliance with the new permit. This task will result in an Action Plan to meet all permit conditions. Including: 1. Work with TEPA to determine the scope of work for additional studies. Detailed study work not included. 2. Review of system data and make preliminary recommendations related to Capital Improvements. This item does not include detail design analysis. c. Develop a filing system in the office of the City Engineer. Said filing system shall be used to maintain all aspects of the CSO permit. It is anticipated that the filing system will be used to maintain hardcopy documentation. All electronic record keeping will be provided on existing City software systems by City Staff. The following types of information may be included: 1. Mapping system users manual 2. Step by step instructions for addressing violations, illicit discharges, and inspections 3. IEPA forms and instructions for their use. 4. Copies of permits 5. Copies of all compliance documentation 6. Meeting minutes 7. Publications, Industry literature (emphasis on public education) d. Serve as City contact point for ongoing correspondence with IEPA. Submit all routine relevant documentation to the IEPA as needed to ensure all conditions of the permit are met. This work may include generating DMR reports, assembling record data for maintenance reports or other similar tasks e. Perform a review of current ordinances, develop revisions for improving ordinances, develop violation and application forms for use by engineering and code inspectors and develop step by step procedure for inspectors. 2. Manhole Inspection a. Perform inspections on 900 manholes per year until all sanitary/combined sewer system manholes not inspected under previous contracts, are inspected. Estimated total manholes to be inspected is 2,500. Inspections will be non-entry inspections to evaluate the condition of the manhole with a numerical rating system. In addition, the inspections shall serve as verification of the map layout, manhole location and line connectivity. 4) Attachment A 2006 CSO NPDES PERMIT COMPLIANCE PROJECT b. Input the condition data collected in Item 2.a. (above) into the City's maintenance management system (CASSWORKS) database and make corrections to system map as necessary to reflect the new data. The assistance of the City CASSWORKS administrator will be provided by the City. 3. Sewer System Map Maintenance a. Perform annual updates to the citywide sanitary and combination sewer map. The update information may come from several sources including City crews, the manhole inspections done under 2.2. (above) and from development as builts provided to the City. The engineer shall work with the City's Planning and MIS Departments to insure the base map is most current and detailed available. The base map provided by the City shall include streets and street names. The computerized map shall be in the ArcInfo format of the existing GIS system. The engineers map updates shall provide the map information in layers for: 1. Streets and Names (thereof) 2. Structures (manholes) 3. Structure numbers 4. Pipe systems & sizes (each size to a layer) 5. Basin limits We understand the last update was through November 2002. b. Participate in 2 quality control reviews per year of the map updates with the City staff. Make any corrections or additions noted by the City within the above described data profile. 4. MMS Data Base Maintenance a. Perform annual updates to system inventory database in CASSWORKS. Information may come from several sources including City crews, the manhole inspections done under 2.2. (above) and from development as builts provided to the City. The data required for each item is as follows: Manhole Number Sewer main Upstream and Downstream Manhole Numbers Street Name where item is located Street Address nearest each manhole From-To Cross Street Names for Mains Pipe Size on mains Pipe and manhole materials of construction Construction date Sewer depth b. Ensure sewer system map and database updates are properly loaded such that the database inventory file can be viewed while in the mapping program. The assistance of the City's CASSWORKS administrator will be provided by the City. c. Participate in 2 quality control reviews per year of the database product with the City. Make any corrections or additions noted by the City within the above described data profile. rik Attachment A 2006 CSO NPDES PERMIT COMPLIANCE PROJECT 5. General Mapping Services 411 Provide mapping support for the Public Works Department to produce hard copy exhibits, field atlases and wall maps as needed. Level of support shall be calculated at two days per month for one qualified GIS technician that will work on site with City equipment. 41) Attachment A ELGIN CSO - Activities Completed under the 2011 Amendment 1 Jul 2011 I Au•ust 2011 I September 2011 II I October 2011 I November 2011 I Decemb ID Task Name 26 I 3 i 10I 17 I 24 f 31 I 7 I 14 j 21 I 28 I 4 I 11 1 18 j 25 2 1 9 16 j 23 I 30 I 6 I 13 I 20 1 27 j 4 I 11 1 t 1 1.Permit Application&Compliance 1 7/15 I .• 2 Finalize Long Term Control Plan(LTCP) l . • . ' 1 .....,:i!,JVIi:..'. ; : • 3 City Review of LTCP I . , . ! , . . ! 4 Final Submittal of Revised LTCP I 0 I ' ; • . . 5 Complete NPDES Permit Renewal-Draft . , 6 City Review of NRDES Permit Renewal : I i I •'''."1:-''-:',3 1 . ,-•• .•. . 7 Final Submittal of NPDES Permit Renewal .19123 .. .... 8 2.Manhole Inspections ' • 8/1 I • 1 . 9 Manhole Inspections 2011 4.11,-rtt,A-.,;.Fr.,',.-4,.•2341E,-.41.Vtiltf .i-..fr.',;.1:-'i,:'-;,..4.:7Ti:V,r.ig:-; .i..-,..'.ta-..':::":',','':-;"'.'. ..-.. . i-.,-..-',R;'-:-,-,--i'„:;-',:P,',.0,,:,',--:',:..-::•,. .._.........__ ...____.............._ .. ... ._............. I 10 Enter MH information into local database f'•'i":,- -!At'-:•-.17,f,i.,. .;; .l.tri.-X.',-4.l:,.i.`,,.-;', ':;,',641":';',......•.P.:.X: ',4: 1-: --,--i'6.',---::6-. -'•••,.f...":.?.--.i-:.-.',;••;:*:•'.1'•'-':'; ''''-:. ' 11 Save MH photos in local database ' , .!,:•:.,::::-•:'4',:- .k.44-- 4,,,-4-..,.4.,-K1,.7:,,,!...,;:-.;,-,:-Ii.!V-,-, -,.t.i....-;-. -;•.1.i,,',i1Y.---:-.`..i-r'-',:.i_i--,,..:-:!'..,-1.i?,::-,. ::;.;I .•:'..,::-:,., .;-:..-:•...2 -: 1 i '''-5..`..f.-I4'-'1.-;i!ehfi>..i'.:.21-'!,;•.:!,•"-•.;-:.:-.•r'i.i•:,::,':,'::'.:.: :.•-1;;.;'':-!JJ,i..i;,!:,--f.....".. :•;:-.: -.'.,:'-':•,-,-'. 12 Summary of Critical Manhole Defects : 13 Final submittal of database&manhole info. • I i . I I 1 . 14 3.Sewer Sytem Map Maint 8/1 1 . 15 Enter sanitary service info.into City map -IT'.4.:Ji#:,7 --S-Y: .'•'.:,17,..g(-i..,!:%M.:.-t:V,'i-- :..7:..--,.'i .'2-i.: -",J•,-,,i; r:g:-.....i.::;,;!i'-'.-r-'-'f,:.•:,'- --:.:::-:-• --i------:i. :.:T,',i•.:.•-•,...-1 , 16 Conduct final update of City map I ':':: r'''.:1--:•-1-- I , 17 4.MMS Database Maintenance + 8/1 I ' . , _ I . 18 Enter sanitary service info,into database Itikifgit''' '.:„:::-tAlitifri-ir. 73','•: ::,--. '-'-:,- ''-:•'''' •"': '-.61 ,11':nK- ' .` '''5,-'.'''' i-:':'•.'" F'....."!:::• -cf-I •:,1) , 1---_ I 19 Conduct final update of City database I ! •:•."-;:;.:.!...,•.— 20 5.Completion of 2011 CSO Tasks E 1 I ! . : I I Project:2006 to 2011 CSO NPDES TaskI.. ;-. :,,:i- ;,-i....-:-0!--41.,,ii Progress 111•11111111111•11111•11111 Milestone • Permit Compliance Project Date:7/5/11 . Page 1 ATTACHMENT B L C C r ELGIN CSO - Activities Completed under the 2011 Amendment r 2011 January 2012 1 February 2012 T March 2012 April 2012 I Ma 2012 ID Task Name 18 25 1 8 15 22 29 5 12 19 26 4 11 18 25 1 8 15 22 29 6 En 20 27 3 1 1.Permit Application&Compliance 2 Finalize Long Term Control Plan(LTCP) , , 3 City Review of LTCP - ' 4 Final Submittal of Revised LTCP : , 5 Complete NPDES Permit Renewal-Draft 1 ' 6 City Review of NPDES Permit Renewal . . . . . . ... ! . 7 Final Submittal of NPDES Permit Renewal 8 2.Manhole Inspections , • „ 1 , 9 Manhole Inspections 2011 • ' gnitlit i 1 10 Enter MH information into local database --•,,-,..,..-..,.e,, 4-4:— ' ' 1 11 Save MH photos in local database i.d I i 12 Summary of Critical Manhole Defects ogoe.,4,1,46y,r.q..,N1*,:„Fptwot.,,577 ! _ . . ... . , 13 Final submittal of database&manhole info. I ',',,- "'•::' ' 14 3.Sewer Sytem Map Maint 15 Enter sanitary service info.into City map i I 1 I 16 Conduct final update of City map i 17 4.MMS Database Maintenance i 18 Enter sanitary service info,into database , . 1 : I I „ 19 Conduct final update of City database 1 20 5.Completion of 2011 CSO Tasks i • 2/29 ' Project:2006 to 2011 CSO NPDES Task --:::' : ",,ri''',N::-::, ':2 Progress ININIIIIIIMIIMINNINIMI Milestone • Permit Compliance Project Date:7/5111 Page 2 ATTACHMENT B ATTACHMENT C Resolution No. 06-194 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARROLL ENGINEERING&ASSOCIATES, P.C. FOR ENGINEERING SERVICES FOR 2006-2010 COMBINED SEWER OVERFLOW NPDES PERMIT COMPLIANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Engineering Services Agreement on behalf of the C city of Elgin with Carroll Engineering&Associates,P.C.for engineering services for 2006-2010 Combined Sewer Overflow NPDES Permit Compliance,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 9,2006 Adopted: August 9,2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk `�i',OF Et qt. Agenda Item No.lilt)' —City of Elgin c ', , til 4 Jul 7 2006 �� `, , A S1J d TO: Mayor and Members of the City Council ?t FROM: Olufemi Folarin, City Manager •. ,„#„l;,,tl;,;1; le John Loete,Public Works Director City'Gown”''u SUBJECT: Engineering Services Agreement With Carroll Engineering for 2006-2010 Combined Sewer Overflow NPDES Permit Compliance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of an agreement with Carroll Engineering and Associates to provide engineering services for the multi-year Combined Sewer Overflow NPDES Permit Compliance Project. RECOMMENDATION It is recommended that the City Council approve the subject agreement with Carroll Engineering and Associates in the not-to-exceed amount of $64,985 and authorize staff to execute the necessary documents. BACKGROUND The City of Elgin has had a National Pollution Discharge Elimination System (NPDES) permit from the State of Illinois Environmental Protection Agency (IEPA) for the operation of the combined (sanitary and storm water) sewer system since the mid 1990's. The NPDES permit program is mandated by federal and state law. The City's current permit was issued in October, 2001 and is set to expire on September 30, 2006. A renewal application has already been submitted by staff for a new permit. As is typical with most environmental programs, the new restrictions placed on the operation of the system will be more severe and the new requirements for planning and documentation by the City will be more extensive. Because of this, staff felt it was important that we continue the past practice of utilizing the services of a consultant to assist the Engineering and Sewer Divisions of Public Works in complying with the terms of the new permit. In addition, the term of the consultant agreement will be for the term of the permit, since many of the requirements take multiple years to implement. r . ESA for 2006-2010 CSO-NPDES Permit Compliance July 7, 2006 Page 2 Staff solicited proposals from seven engineering firms of which three submitted. Those firms were RJN, Inc., Montgomery, Watson, Harza, Inc. and Carroll Engineering & Associates. Carroll Engineering was selected as the most qualified firm by a staff selection committee. A copy of the scoring sheet is attached as Exhibit A. The agreement with Carroll Engineering & Associates (attached as Exhibit B) will provide for assistance in obtaining the new permit as well as continuing active management of the City's combined sewer system as required by the aforementioned TEPA draft permit once it has been finalized. Specifically, the work scope will provide for preparation of required standard reports or operations plans, inspections of the existing system as required to finalize the inventories in the Maintenance Management System, system mapping updates, the corresponding data base updates, and development of a record keeping system to compile data for the annual reports. Staff anticipates the IEPA's final draft of the permit will include requirements that will necessitate additional extensive effort from the City and its.consultant. Typically permits require documents known as Sensitive Area Analysis, Water Quality Demonstration Plan and Long Term Control Plan to be developed during the five year permitting period. Because the full scope of these documents has not yet been defined by the IEPA, engineering effort cannot yet be rdetermined and is not part of this agreement. Once the full level of effort has been determined, staff will bring an amendment or amendments to this agreement to the City Council to provide said effort. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Fox River Water Reclamation District ??5,,,,_ FINANCIAL IMPACT The cost of this agreement with Carroll Engineering for 2006 is $64,985. Funding for this agreement is budgeted in the sewer portion of the 2006 General Obligation Bond Fund in project number 339865, "2006 CSO Compliance," account number 366-4200-795.92-41, "Distribution Systems" ($120,000 budgeted and available) and in the sewer portion of the 2000 G.O. Bond Fund, account number 380-4200-795.92-41, "Distribution Systems" ($35,000 budgeted and available). It is important to note that the difference between the budget amount and the contract amount will likely be utilized on the documents that the final permit will require to be submitted during the five year term of the permit. r ESA for 2006-2010 CSO-NPDES Permit Compliance 4111) July 7,2006 Page 3 Proposed fees for subsequent years(2007 through 2011)of the project are as follows: 2007 $56,410.00 2008 $54,215.00 2009 $24,135.00 2010 $26,100.00 2011 $ 6,265.00 The new five year permit will actually expire in the sixth year of the agreement(2011) due to the time difference between the City's budget periods and the IEPA permit periods. The total for the entire six year agreement as now proposed (minus the more extensive reports to be added by amendment) is $232,110. The contract requires that sufficient funding must be available in the subsequent years' budgets or the contract is void. In addition, for each subsequent year the budget process will include a decision package to retain the program funding or modify as necessary. GAL IMPACT None ALTERNATIVES 1. In order to comply with the anticipated permit the attached agreement and ultimately the assistance of the consultant is necessary. 2. Reject the agreement and attempt to comply with the permit requirements with in house staff. Respectfully submitted for Council consideration. do Attachment AGREEMENT THIS AGREEMENT, is hereby made and entered into thi 9 ,2006,by and between the CITY OF ELGIN, Illinois,a municipal corporation(hereinafter referred to as "CITY") and Carroll Engineering&Associates P.C., an Illinois professional service corporation (hereinafter referred to as 'ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2006 CSO NPDES Permit Compliance Project(hereinafter referred to as the"PROJECT"); and WHEREAS,the ENGINEER represents that he 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, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,herein after referred to as the "DIRECTOR". B. The following,but not limited to, outline of the services is to be provided by the CITY by the ENGINEER: 1. Permit Compliance Submittals-per NPDES permit 2. File Management System 3. Manhole Inspection 4. Mapping System Updates C.A detailed Scope of Services is attached, as Attachment A. The attached Scope of Services is incorporated herein. -2 II.PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Time is of the Essence in this Agreement. 1. Permit Compliance Submittals-per NPDES permit 2. File Management System—complete by 9/1/2006 3. Manhole Inspection—900/yr,total 2500 4. Mapping System Updates—annually by 11/15 B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The ENGINEER will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. D. The ENGINEER shall provide such further and other documentation as requested by the City within ten(10)day such request is submitted to the ENGINEER by the CITY. III.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 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. 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 to the ENGINEER. - 3 - IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 2.60 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $232,110 regardless of the actual costs incurred by the ENGINEER,but subject to modifications authorized in writing by the CITY. Such not to exceed amount shall also include reimbursable included in connection with the project such as mileage,printing and field supplies. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10 %. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of$232,110. C. 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 to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR, who shall have the final decision as to if and when a task is complete for purposes of payment. Calendar Year Fee 2006 $64,985.00 2007 $56,410.00 2008 $54,215.00 2009 $24,135.00 2010 $26,100.00 2011 • $6,265.00 D.Notwithstanding anything to the contrary in the Agreement, CITY shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all subcontractors up to the date of ENGINEER'S application for partial or final payment in the CITY'S sole discretion. CITY shall further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the event the CITY makes any such payments directly to any -4- subcontractors, the amount of such payments shall be deducted from the total amount due to ENGINEER pursuant to this Agreement and ENGINEER shall provide a written release to CITY in the amount of any such payment upon ten(10) days written demand. Concurrent with all application for payment, ENGINEER shall provide the CITY with a sworn certification of all work performed by all subcontractors and amounts paid to all subcontractors as of the date of application. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the 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 these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. 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, provided,however,that such payment shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and,unless terminated for cause or pursuant to Article VI or IX, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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 the Agreement. - 5 - VIII. NOTICE OF CLAIM 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 his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party substantially breaches any term of this Agreement, such violation shall be deemed to constitute a default and result in a termination of the Agreement unless the defaulting party cures the default within fifteen(15)days after receipt of written notice describing the default and the defaulting party is otherwise in compliance with all the other terms and provisions of this Agreement. X. INDEMNIFICATION To the fullest extent 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 workers' 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 such action against the CITY, its officers, employees, agents,boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing at ENGINEER'S sole and complete expense. The provision of this paragraph shall survive any termination and/or expiration of this Agreement. XI. 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. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form 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 DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the 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 $500,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. XIV. 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,of 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 the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS 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. XVI. DELEGATIONS 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 - 8- 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. If the ENGINEER seeks to assign, delegate,or subcontract any work or task to be performed of this Agreement, the ENGINEER must first seek prior and written approval from the CITY to so assign, delegate, or subcontract any work or task to be performed of this Agreement. The parties acknowledge the CITY shall have sole authority to approve of any assignment, delegation or subcontract. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto, except to such extent as may be specifically provided for herein. XVIII. SEVERABILITY 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, all other portions of this Agreement shall remain in full force and effect. XIX. 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. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the 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. XXI. 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 resolution of any - 9- disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state 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 the 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 the Human Rights Act. - 10- A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. 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: JOHN LOETE,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DANA CARROLL, P.E. President Carroll Engineering &Associates P.C. 111 W. Hurlbut Ave. Belvidere, Illinois 61008 ik IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and 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 R. ..10 City Clerk Cit . .ge [ (SEAL) For the ENGINEER: Dated this / day of µLe..-- ,A.D.,2006 ATTEST: /I BY I, 1 , . By ,AL S: et. fl `resident (SEAL) 2006 CSO NPDES PERMIT COMPLIANCE PROJECT The scope of services to be provided for contract year 2006-2011 shall be as follows: 1. Permit Application Assistance and Compliance a. Coordinate with IEPA as the City's representative on any follow-up information needed for renewal of the City's NPDES permit application. Advise the City on alternatives, if any are offered, during the permit writing process. 1. This task includes an immediate review of the application and recommendations for follow up. b. Establish a step-by-step procedure for the City to follow for future compliance with the new permit. This task will result in an Action Plan to meet all permit conditions. Including: 1. Work with IEPA to determine the scope of work for additional studies. Detailed study work not included. 2. Review of system data and make preliminary recommendations related to Capital Improvements. This item does not include detail design analysis. c. Develop a filing system in the office of the City Engineer. Said filing system shall be used to maintain all aspects of the CSO permit. It is anticipated that the filing system will be used to maintain hardcopy documentation. All electronic record keeping will be provided on existing City software systems by City Staff. The following types of information may be included: 1. Mapping system users manual 2. Step by step instructions for addressing violations, illicit discharges, and inspections 3. IEPA forms and instructions for their use. 4. Copies of permits 5. Copies of all compliance documentation 6. Meeting minutes 7. Publications, Industry literature (emphasis on public education) d. Serve as City contact point for ongoing correspondence with IEPA. Submit all routine relevant documentation to the TEPA as needed to ensure ail conditions of the permit are met. This work may include generating DMR reports, assembling record data for maintenance reports or other similar tasks e. Perform a review of current ordinances, develop revisions for improving ordinances, develop violation and application forms for use by engineering and code inspectors and develop step by step procedure for inspectors. 2. Manhole Inspection a. Perform inspections on 900 manholes per year until all sanitary/combined sewer system manholes not inspected under previous contracts, are inspected. Estimated total manholes to be inspected is 2,500. Inspections will be non-entry inspections to evaluate the condition of the manhole with a numerical rating system. In addition, the inspections shall serve as verification of the map layout, manhole location and line connectivity. Attachment A 2006 CSO NPDES PERMIT COMPLIANCE PROJECT b. Input the condition data collected in Item 2.a. (above) into the City's maintenance management system (CASSWORKS) database and make corrections to system map as necessary to reflect the new data. The assistance of the City CASSWORKS administrator will be provided by the City. 3. Sewer System Map Maintenance a. Perform annual updates to the citywide sanitary and combination sewer map. The update information may come from several sources including City crews, the manhole inspections done under 2.2. (above) and from development as builts provided to the City. The engineer shall work with the City's Planning and MIS Departments to insure the base map is most current and detailed available. The base map provided by the City shall include streets and street names. The computerized map shall be in the ArcInfo format of the existing GIS system. The engineers map updates shall provide the map information in layers for: 1. Streets and Names (thereof) 2. Structures (manholes) 3. Structure numbers 4. Pipe systems& sizes (each size to a layer) 5. Basin limits We understand the last update was through November 2002. b. Participate in 2 quality control reviews per year of the map updates with the City staff. Make any corrections or additions noted by the City within the above described data profile. 4. MMS Data Base Maintenance a. Perform annual updates to system inventory database in CASSWORKS. Information may come from several sources including City crews, the manhole inspections done under 2.2. (above) and from development as builts provided to the City. The data required for each item is as follows: Manhole Number Sewer main Upstream and Downstream Manhole Numbers Street Name where item is located Street Address nearest each manhole From-To Cross Street Names for Mains Pipe Size on mains Pipe and manhole materials of construction Construction date Sewer depth b. Ensure sewer system map and database updates are properly loaded such that the database inventory file can be viewed while in the mapping program. The assistance of the City's CASSWORKS administrator will be provided by the City. c. Participate in 2 quality control reviews per year of the database product with the City. Make any corrections or additions noted by the City within the above described data profile. Attachment A 2006 CSO NPDES PERMIT COMPLIANCE PROJECT 5. General Mappinq Services Provide mapping support for the Public Works Department to produce hard copy exhibits,field atlases and wall maps as needed. Level of support shall be calculated at two days per month for one qualified GIS technician that will work on site with City equipment. Attachment A uoonAcuViues ID Task Name ---- June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 ' -1 1.Permit Application&compl. ! 2 Permit Renewal Assist 3 File Management Sys -------- � ��#� • 4 Ordinance Review 5 ' --'-'-------- e 2.Manhole Inspections ' --- --- 7 Manhole Inspections Ratailaggainst 8 Update Map&Database Arg 9 ------___-__--_ . . 10 3.Sewer uytenMap mamt. 11 ! � , _ 12 4MMSo�au�o�wam�nan�� . �* iNtaa'› 41241 � 13 14 5.General Mapping Serv. * �� ra*��` -- - Project:2006 CSO t'ATTACHMENT B rauxp,00,ess Milestone Compliance Project '---------- Date:6/13/06 Page 1 ATTACHMENT B _ _ __ • AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT is hereby made and entered into this day of , 2007, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Carroll Engineering & Associates, P.C., an Illinois 4111) professional service corporation (hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 9, 2006 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2006 CSO NPDES Permit Compliance Project (hereinafter referred to as "Subject Agreement" and the"Project"); and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011; and WHEREAS, Attachment B to the Subject Agreement provided a detailed Project Schedule only for the year 2006 and the parties now desire to amend the Subject Agreement by adding a Project Schedule for 2007. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Section IIB of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed Project Schedule for calendar year 2007 for the Project is attached hereto as Attachment B-1. 2. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 3. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement, the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL GINEE AND ASS r ATES, ti By: b �� By: �..._.,� 52! alCity Ma .ger It F'reside Attest: Attest: ll..D. i ;�J/ atL . City Clerk Its Secr: � F:\l..egal Dept\Agreement\Carroll Engineering Amendment-NPDES compliancc.doc 20i'`"" v6iss '‘") • ID Task- as mama Jun 17,'67 I Jul 8.'A7 ( Jul 2.'DT i Aug 14.'x1' Seip 8, �? 34,VT Ott 21,*or Nov I 1.Penult Application&Compl. i I 2 Permit Renewal Assist.N/A 3 Permit Submittal Assistance 4 File Management Sys. I Ordnance Review I • 7 2.Manhole$nspectiorua S Manhole Inspections 1 S Update Map S Databaseinwswarissaminam 141 1i 3.Sewer Sytem Map Maw Y ; 12 • 13 4.MMS Database idtaintenersca 14 • 14 6.mai Mapper Sarv, y r. � 8Permit Task Pro nc4 Project Prow*** Memnon' + ' Date:i/16/87 Page 1 A'T'TACHMENT 8 a .,., f .1,, t z, .11 zit a • : i• .4 .1 41 ik ,.. I i 1 • ill oi I . : i 1 0 ..., — I 1 : : 1 . I II z 0 . , t 1 *a c; '4 --5 I WI gs -,s• • • i 14- - - st 1 --, "n1 1411: - \ I ' • : 1 g 5011: .• : : , ...... ....._ . . , . . . . .. g )6. - • . . . . - : '. , 5 OfF�C Memorandum A-p* § City of Elgin Date: August 27, 2007 To: Gail Cohen, Purchasing Director From: Joseph Evers, P.E., City Engineer Subject: Combined Sewer Overflow Permit Compliance—Amendment to existing agreement Copy: David Lawry Diane Robertson Please find attached an amendment, the original agreement and the original purchase order(with no amendments)for the subject project. Please modify the purchase order to add the 2007 funding per the original agreement. Please call me if you have any questions. Please provide me with an updated purchase order. Thank You! Diane, Please attest Femi's signature, keep the original for your files and send me a copy. Thank you! ck P:c /, 395 'a)Resolution No. 09-216 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH CARROLL ENGINEERING&ASSOCIATES, P.C. FOR 2006-2010 COMBINED SEWER PERMIT COMPLIANCE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a second amendment agreement on behalf of the City of Elgin with Carroll Engineering&Associates, P.C. for the 2006-2010 Combined Sewer Permit Compliance Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is hereby made and entered into this / ay of 6CCI.,4-1A-- , 2009, by andbetween the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Carroll Engineering & Associates, P.C., an Illinois professional service corporation(hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 9,2006,wherein the City engaged the Engineer to furnish certain professional services in connection with the 2006 CSO NPDES Permit Compliance Project(hereinafter referred to as the "Subject Agreement"); and WHEREAS,the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011;and WHEREAS,Attachment A to the Subject Agreement provided for a detailed Scope of Services to the services outlined in Section IB of the Subject Agreement to be repeated or each of the calendar years and the parties now desire to further amend the Subject Agreement by adding a new Scope of Services for the 2009 calendar year; and WHEREAS,Attachment 13 to the Subject Agreement provided a detailed Project Schedule only for the year 2006;and WHEREAS, the City and Engineer entered into an Amendment Agreement dated August 30, 2007, which amended the Subject Agreement by providing a detailed Project Schedule for the year 2007; and WHEREAS,the parties now desire to further amend the Subject Agreement by adding a Project Schedule for 2009. NOW, THEREFORE, in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. Section IC of the Subject Agreement is hereby amended by adding the following to the end thereof: "The Engineer shall also perform in calendar year 2009 the additional services as set forth in the detailed Scope of Services attached and incorporated herein as Attachment A-2." 2. Section IIB of the Subject Agreement is hereby further amended by adding the following to the end thereof: "A detailed Project Schedule for calendar year 2009 for the Project is attached hereto as Attachment B-2. 3. Section NC of the Subject Agreement is hereby amended by deleting a fee for calendar year 2008 and revising the fee for calendar year 2009 to$150,000. r • 4. The changes provided to the Subject Agreement as provided in this Second Amendment Agreement are germane to the original contract as signed and this Second Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 5. That except as amended in this Second Amendment Agreement and in the Amendment Agreement dated August 30, 2007, the Subject Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Subject Agreement as amended by the Amendment Agreement dated August 30, 2007 and the provisions of this Second Amendment Agreement,the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Second Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL ENGINEERING AND ASSOCIATES,P.C. By �, Q -'t/ By ► tit,,itr,..._ ity Manager Attest: Attest: City Clerk Mega]Dept\Agreement\Carroll Engineering-Second Amendment Agr.docx ,2 4111) 2009 SCOPE OF SERVICES ATTACHMENT A-2 The scope of services to be provided for the addendum to contract year 2009 shall be as follows: Original Attachment A objectives t. Permit Application Assistance and Compliance a. This task has been completed;follow-up will be continued as discussed in Item 6. b. This task has been completed. c. This task has been completed. d. This task is ongoing in connection with the development of the Long Term Control Plan and is further discussed in Item 6. e. This task has been completed_ 2. Manhole Inspection a. This task has been completed;follow-up will be continued and discussed in Item 6_ b. This task has been completed;follow-up will be continued and discussed in Item 6. 3. Sewer System Map_Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. 4. MMS Data Base Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. c. This item is ongoing and is continued through this addendum. 5. General Mapping Services a. This item is ongoing and is continued through this addendum. 6. Additional Items to be Added to Contract a. Coordinate with the IEPA as the City's representative on any update required to previously submitted plans and studies and as outlined in Item la and Id in this Attachment A. b. Prepare a Long Term Control Plan to be submitted to the TEPA for permit compliance. Draft to be sent to TEPA in October. c. Attend meetings with the City and the TEPA as required to remain in permit compliance. 10 meetings have been appropriated for this task. d. Continue manhole inspections as required in the original contract under Item 2a in Attachment A. Approximately 1500 manholes are to be inspected during the 2009 addendum period. e. Continue mapping as required in the original contract under Item 2b in this Attachment A and Item 1 d in Attachment A-1 7. Delisa Services to be Provided by Engineer a. Demonstrate that the first flush flow is being treated and design a floatable removal system to be implemented. b. Work with the City to provide website design ideas and information to be uploaded to the site concerning the City's CSO's. c. Work with the City to improve the existing DMR procedures. d. Develop a SCADA system to be implemented utilizing camera and weather station technology as discussed during the July 13t 2009 meeting. The design is to be developed in association with Elan Technologies Inc. and then presented to the City. This design is to include provisions for attachment to flowmeters in order to monitor dry and wet weather flows. This is to include the design work only. e. The Engineer in association with Elan Technologies is to provide monitoring of dry and wet weather flows of specified outlets by flow monitors: Flow monitors are to be provided by the City. F\Legal DepMgroementlCaroll Engineering Amendment- IVES compliance.doc r ELGIN CSO - 2009 Activities •ril 2009 M . 2009 June 2009 Ju 2009 Au!ust 2009 Se• ber 2009 ID Task Name 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 l 16 23 30 6 13 20 1 1.Permit Application&Compi. 411 • 2 Review Plan of Study Comments 3 Revise Plan of Study 4 Resubmit Plan of Study 5 Develop Long Term Control Plan 8 SCADA Component of LTCP 7 Initial Submittal of LTCP 8 City Ravlew of LTCP 9 Revise LTCP 4. 10 FINAL Submittal of LTCP 11 12 2.Manhole Inspections 13 Manhole inspections 2009 14 Update Map&Database 2009 16 16 3.Sewer Sytem Map Maint. 17 i6 4.MMS Database Maintenance 19 20 5.General Mapping Seri. 21 22 Completion of 2009 CSO Tasks Project 2006 CSO NPDES Permit Task Progress 11111111111111111111111.1111 Milestone Compliance Project Date:8131109 • Page 1 ATTACHMENT B-2 • j . . H 1 1 / , ELGIN CSO - 2009 Activities , - October 2009 November 2009 I December 2009 � January 2010 February 2010 March 2010 ID Tack Name 2f 7 1 4 1 11 1 18 1 25 1 1 8 1 15122 1 29 1. 6 1 13 L20 1 27 1 3 1 10 1 17 1 24 131 1 7 1 14 1 21 1 28 1 7 1 14 L21 1 1.Permit Application&Comp!. 2 Review Plan of Study Comments 3 Revise Plan of Study 4 Resubmit Plan of Study 4,. 10/30 5 Develop Long Term Control Plan 6 SCADA Component of LTCP 7 Initial Submittal of LTCPlier 10116 8 City Review of LTCP 1 I 9 Revise LTCP 10 FINAL Submittal of LTCP .10/30 11 12 2.Manhole Inspections 13 Manhole Inspections 2009 14 Update Map&Database 2009 15 Iminammismimmainummit 16 3.Sewer Sytem Map Maint. 17 18 4.MMS Database Maintenance 19 20 5.General Mapping Serv. IEIMIIIIIIIIIMIIIIIIIIIIIMIIII 21 zr 22 Completion of 2009 CSO Tasks `► 12/S1 Project:2006 CSO NPOES Permit Task Progress 111111111111111111RININIIIII Milestone . Compliance Project Date:8/31/09 Page 2 ATTACHMENT 8-2 . • c,:ci OF E4C g —City of Elgin Agenda Item No. Co cs- mot- September 17, 2009 yS TO: Mayor and Members of the City Council �. '4 - t t; FROM: Sean R. Stegall,City Manager vel.a. siv6Te Joseph Evers, City Engineer €_ty GoPernmrur SUBJECT: Second Amendment to Engineering Services Agreement with Carroll Engineering for 2006-2010 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of a second amendment to an agreement with Carroll Engineering and Associates to provide engineering services for the multi-year Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project. RECOMMENDATION It is recommended that the City Council approve the subject agreement with Carroll Engineering and Associates in the not-to-exceed amount of $150,000 and authorize staff to execute the necessary documents. BACKGROUND The City of Elgin has had a National Pollution Discharge Elimination System (NPDES) permit from the State of Illinois Environmental Protection Agency (IEPA) for the operation of the combined (sanitary and storm water) sewer system since the mid 1990's. The NPDES permit program is mandated by federal and state law. The City's current permit was issued in January 2007. In August 2006, the City entered into a six year agreement with Carroll Engineering and Associates of Belvidere, Illinois. The original agreement included efforts to obtain the five year permit from the IEPA and then to maintain the programs listed in the permit. In the July 7,2006 memorandum to City Council, staff identified a handful of documents the IEPA was likely to require during the six year agreement. That memorandum discussed the additional effort to develop the documents that would have to be added to the agreement by an amendment similar to the attached. In August of 2007, an amendment was approved that added a schedule only as the costs and engineering efforts were identified in the original agreement. • r Second Amendment with Carroll Engineering for CSO-NPDES Permit Compliance September 17, 2009 Page 2 The attached amendment changes the schedule, costs and engineering effort found in the original agreement and amendment number one. One of the documents mentioned in the Council memorandum of August 2006, the Long Term Control PIan (LTCP), is now required by the IEPA although the format and content of this LTCP has not been fully defined by the IEPA. Apparently the requirements of the LTCP depend on the community and the extent of their combined sewer system. In the summer of 2008, the IEPA contacted the City inquiring about a Plan of Study (POS). Apparently the POS was intended to begin defining and outlining the requirements of Elgin's LTCP. Essentially, the POS was a document required by the IEPA to outline the City's intent for long term managing of its combined sewer system. During the 2008 discussions, staff mentioned the City's 2004 Combined Sewer Separation Plan to the IEPA to which they suggested that this be renamed and submitted as the POS. This was done in August of 2008 and by the summer of 2009, the IEPA provided comments regarding the POS. Their comments included adding more efforts for the removal of floatable material, minimizing overflows where possible and providing evidence of financial ability to satisfy the POS. Because the IEPA has not defined what has to be in the LTCP, the information added to the POS may have to be expanded above and beyond what the staff already knows must be added. r Besides the LTCP, the United States Environmental Protection Agency (USEPA) and the IEPA wanted to see Elgin improve on documenting and monitoring of overflows. To meet the wishes of the EPA, staff requested that the engineer include a Supervisory Control and Data Acquisition System (SCADA) design in their amendment. This design will provide the City with the ability to have devices installed in each of the major overflow chambers that will collect vital information when an overflow occurs without the hazards of having personnel enter the sewers when operating at or near capacity. The information is more detailed and specific than a visual observation and will assist in the daily inspection of lift stations. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of this amendment with Carroll Engineering for 2009 is $150 000. Fundingfor this g g agreement is budgeted in the sewer portion of the various General Obligation Bond Funds as follows: r 4111) Second Amendment with Carroll Engineering for CSO-NPDES Permit Compliance September 17,2009 Page 3 2008 CSO Compliance Project No. 339933 Acct No. 366-4200-795.93-41 $ 958 380-4200-795.93-41 $ 60,000 381-4200-795.93-41 $ 78,000 383-4200-795.93-41 $ 7,042 396-4200-795.93-41 $ 9,000 $155,000 2009 CSO Compliance Project No. 339946 Acct No. 383-4200-795.93-41 $ 15,000 384-4200-795.93-41 $ 40,000 $ 55,000 There are sufficient funds available within project number 339933 ($140,520) and project number 339946 ($55,000)to pay for the proposed amendment. Fees expended for CSO Compliance through 2008 totaled$121,305.There is$155,000 budgeted each year through the 5 Year Financial Plan for this initiative with $26,100 and $6,265 currently designated for spending in 2010 and 2011 respectively. It is more than likely the IEPA will require additional engineering efforts thereby increasing the already earmarked costs in 2010 and in 2011. GAL IMPACT Wb\b/ None ALTERNATIVES 1. The City Council may choose to approve the agreement with Carroll Engineering and Associates in the not-to-exceed amount of$150,000. 2. The City Council may choose to reject the agreement and attempt to comply with the permit requirements within house staff. Respectfully submitted for Council consideration. /je Attachment {OF�� Memorandum City of Elgin RgT£Q EB' Date: October 21,2009 To: Joe Evers, City Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-216, Adopted at the October 14,2009,Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Second Amendment Agreement with Carroll Engineering& Associates, P.C. for 2006-2010 Combined Sewer Permit Compliance Project , THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT is hereby made and entered into this day of May, 2010, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Carroll Engineering & Associates, Inc., an Illinois professional service corporation (hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 9, 2006 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2006 CSO NPDES Permit Compliance Project (hereinafter referred to as "Subject Agreement" and the"Project",respectively);and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011;and WHEREAS, the Subject Agreement provides a detailed Project Schedule only for the years 2006, 2007, and 2009 and the parties now desire to amend the Subject Agreement by adding a Project Schedule for 2010. The 2010 Project Schedule is referenced as Attachment B-3 in this agreement. Attachment A-3 referenced in this agreement outlines the additional items covered for 2010 at a fee of$144,000. Elan Technologies, previously intended to be part of this contract, will provide a bill for the work done to date on the SCADA (supervisory control and data acquisition)project requested by the City separate from this agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree to amend the Subject Agreement as follows: 1. Section IIB of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed outline for calendar year 2010 for the Project is attached hereto as1114) Attachment A-3 and A-4. 2. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 3. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement,the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL ENGINEERING AND ASSOCIATES, Inc. By: By: City Manager President Attest: Attest: City Clerk Its Secretary4111) F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance doe 2010 SCOPE OF SERVICES ATTACHMENT A-3 The scope of services to be provided for the addendum to contract year 2010 shall be as follows: rOriginal Attachment-A objectives 1. Permit Application Assistance and Compliance a. This task has been completed; follow-up will be continued as discussed in Item 1. b. This task has been completed. c. This task has been completed. d. This task is ongoing in connection with the development of the Long Term Control Plan and is further discussed in Item 1. e. This task has been completed. 2. Manhole Inspection a. This task has been completed; follow-up will be continued and discussed in Item 1. b. This task has been completed; follow-up will be continued and discussed in Item 1. 3. Sewer System Map Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. 4. MMS Data Base Maintenance a. This item is ongoing and is continued through this addendum. b. This item is ongoing and is continued through this addendum. c. This item is ongoing and is continued through this addendum. 5. General Mapping Services a. This item is ongoing and is continued through this addendum. rom- Attachment A-2 Objectives from the 2009 Amendment 1. Additional Items to be Added to Contract a. Coordinate with the IEPA as the City's representative on any update required to previously submitted plans and studies and as outlined in Item la and id in this Attachment A. b. Prepare a Long Term Control Plan to be submitted to the IEPA for permit compliance. Draft to be sent to IEPA in October. c. Attend meetings with the City and the IEPA as required to remain in permit compliance. 10 meetings have been appropriated for this task. d. Continue manhole inspections as required in the original contract under Item 2a in Attachment A. Approximately 1500 manholes are to be inspected during the 2009 addendum period. e. Continue mapping as required in the original contract under Item 2b in this Attachment A and Item ld in Attachment A-1 2. Design Services to be Provided by Engineer a. Demonstrate that the first flush flow is being treated and design a floatable removal system to be implemented. b. Work with the City to provide website design ideas and information to be uploaded to the site concerning the City's CSO's. c. Work with the City to improve the existing DMR procedures. d. Develop a SCADA system to be implemented utilizing camera and weather station technology as discussed during the July 13th 2009 meeting. The design is rto be developed in association with Elan Technologies Inc. and then presented to the City. This design is to include provisions for attachment to flowmeters in order to monitor dry and wet weather flows. This is to include the design work only. r ' e. The Engineer in association with Elan Technologies is to provide monitoring of dry and wet weather flows of specified outlets by flow monitors. Flow monitors are to be provided by the City. 4111) Attachment A-3 Objectives for the 2010 Amendment 1. Additional items to be Added to the Contract a. Manhole Inspections i. Continue manhole inspections as required in the original contract under Item 2a in Attachment A. Approximately 1500 manholes are to be inspected during the 2010 addendum period. ii. A photo of the inside of the manhole will be taken during inspections. b. Sewer System Map Maintenance iii. Continue map updates as required in the original contract under Item 3a in Attachment A. iv. Map Sanitary Services from As Built plans received from the City. c. MMS Data Base Maintenance i. Continue database updates as required in the original contract under Item 4a in Attachment A. ii. Additional information will be entered into the system as follows: 1. X and Y coordinates for all point shape files 2. Inspection Status for manholes 3. Defect Rating for inspected manholes 4. RIM and INV from As Built Plans for manholes 5. Upstream INV and Downstream INV from As Built Plans for pipes 6. Grid Location per Water Grid for all point shape files 7. Pin Number, Diameter, Wye location, Property line location, Material, Length, Depth, Invert, Waste Flow from As Built Plans for Sanitary Services 8. Refine the Overall Condition Rating from manhole inspections by only including the Ring, Wall and Cone of the manhole 9. Inspection Photos iii. Additional columns added to shape files are as follows: 1. An acceptance column 2. An IEPA Permit number column 3. A Lined column for lined manholes and pipes This information will be entered into the system at a future date. d. SCADA implementation will be according to Attachment A-4 from Elan Technology outlining scope and cost of services. 111 F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance.doc 0,1 ELGIN CSO - Activities Completed under the 2010 Amendment 2010 October 2010November 2010 December 2010 January 2011 February 2011 [ Ma ID Task Name 19 1 26 1 3 1 10 1 17 1 24 [31 1 7 1 14 1 21 1 28 X 5 1 12 j 19 1 26 ( 2 1 9 1 16 1 23 ( 30 X 6 1 13 1 20 1-27 1 6 1 1. Permit Application&Compliance • 2 ,Receive&Review Comments from IEPA • 3 Coordinate with IEPA Representative 4 Revise Long Term Control Plan(LTCP) 5 City Review of Revised LTCP • 6 Final Submittal of Revised LTCP • • 7 2.Manhole Inspections • • 8 Manhole Inspections 2010 9 Summary of Critical Manhole Defects 10 3.Sewer Sytem Map Maint. 11 4.MMS Database Maintenance 12 Update MH Information into Database 13 Include MH Inspection Photo into Database 14 5.General Mapping Serv. 15 6.SCADA Element of CSO Plan 16 1 Finalization of SCADA Design 17 City Review 18 Revision of SCADA Design • 19 SCADA Implementation 20 • 21 [Completion of 2009 CSO Tasks � 12/31 Project: 2006 to 2011 CSO NPDES Task Progress Milestone • Permit Compliance Project Date: 3/31/10 Page 2 ATTACHMENT B-3 ELGIN CSO - Activities Completed under the 2010 Amendment 1 April 2010 J May 2010 ! June 2010. July 2010 August 2010 1 Septembe ID Task Name 28 1 4 11 1 18 1 25 1 2 1 9 1 16 1 23 30 L 6 ] 13 1 20 1 27 1 4 1 11 L 18 1 25 1 1 8 l 15 [22 1 29 [ 5 1 12 1 1.Permit Application&Compliance • 411 2 Receive&Review Comments from TEPA • 3 Coordinate with TEPA Representative 4 Revise Long Term Control Plan(LTCP) 5 City Review of Revised LTCP 6 Final Submittal of Revised LTCP : 7/1 7 2.Manhole Inspections • ♦ 4/15 • 8 Manhole Inspections 2010 •• • 9 Summary of Critical Manhole Defects 10 3.Sewer Sytem Map Maint • 11 4.MMS Database Maintenance * 4/1 12 Update MH Information into Database 13 Include MH Inspection Photo into Database 14 5.General Mapping Serv. 15 6.SCADA Element of CSO Plan • ♦ 4/15 16 Finalization of SCADA Design 17 City Review 18 Revision of SCADA Design 19 SCADA Implementation 20 21 Completion of 2009 CSO Tasks • Project:2006 to 2011 CSO NPDES Task Progress Milestone • Permit Compliance Project Date:3/31/10 Page 1 ATTACHMENT B-3 . • . J rt ELGIN THE CITY IN THE SUBURBS' DATE: September 2, 2011 TO: Eric Weiss, Water Operations Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 11-148, Adopted at the August 24, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. 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. • Fourth Amendment Agreement with R.K. Johnson& Associates, Inc. d/b/a Carroll Engineering & Associates on behalf of the City of Elgin in connection with the 2006 CSO NPDES Permit Compliance Project r • . •