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HomeMy WebLinkAbout16-109 Resolution No. 16-109 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH R.K. JOHNSON&ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION AND FIELD INSPECTION SERVICES FOR JULY 2016 TO JUNE 2017 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Richard G.Kozal,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute Amendment Agreement No. 2 on behalf of the City of Elgin with R.K. Johnson & Associates, Inc. for engineering, permit compliance, report preparation and field inspection services for July 2016 to July 2017 in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System 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, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 2 THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this 25th day of August, 2016, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City"), and R.K. Johnson&Associates, Inc., an Illinois corporation(hereinafter referred to as "Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated June 25, 2014 (the "Original Agreement"), and amended said Agreement on October 14, 2015 ("Amendment Agreement No. 1"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the term of the Original Agreement (included as Attachment "D") provides for services from contract year beginning July 2014 and ending June 2019, and the term of Amendment Agreement No. 1 (included as Attachment "E") provides for services from the contract year beginning July 2015 and ending June 2016; and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning July 2014 and ending June 2015, and Amendment Agreement No. 1 provides a detailed Project Schedule only for the contract year beginning July 2015 and ending June 2016; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Engineering, Permit Compliance, Report Preparation (as required by the NPDES Permit) and Field Inspection activities for the contract year July 2016 to June 2017. WHEREAS,the contract price for the Original Agreement is$99,520.00,the contract price of Amendment Agreement No. 1 is $81,840.00, and the cost for the Engineering, Permit Compliance, Report Preparation and Field Inspection services July 2016 to June 2017 contract year to be provided pursuant to Amendment Agreement No. 2 is in the amount of$109,100.00 WHEREAS, the changes contemplated by this Amendment No. 2 are germane to the Original Agreement as signed; and this Amendment Agreement No. 2 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 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. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section 1 the Original Agreement is hereby amended by adding the following to the end thereof: C. ENGINEER shall perform the Services described in Attachment "A", entitled "Scope of Services, July 2016 to June 2017 Contract Year of the 2014 Combined Sewer Overflow NPDES Permit Compliance Project". No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City. 3. Section 2 of the Original Agreement is hereby amended by adding the following for progress reports for Amendment Agreement No. 2 to read as follows: PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder a. Manhole Inspections: September 2016—June 2016 b. Map & Database Maintenance: August 2016—June 2017 c. Discharge Monitoring Report: August 2016—June 2017 d. Report Updates*: September 2016—March 2017 e. New Report Preparation*: October 2017—May 2017 *Note: All Report Updates and New Report Preparation are based on specific requirements of the NPDES Permit issued on June 1, 2016. 4. Section 4 of the Original Agreement, is hereby amended by amending subparagraphs A and B thereof and by adding a progress payment schedule and project schedule for Amendment Agreement No. 2 as follows: A. For services provided the ENGINEER shall be paid at the direct hourly rate of personnel employed on the project based on the rate schedules attached to the Original Agreement and Amendments No. 1 and 2, with the total fee for the Original Agreement not to exceed $99,520.00, with a total fee for Amendment Agreement No. 1 not to exceed $81,840.00 and with the total fee for Amendment No. 2 not to exceed $109,100.00, regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the Director and approved by way of written amendment to this Agreement. B. Reimbursable expenses are listed in Attachment C and are included within the total fee not to exceed amounts referred to in Section 4A hereof. C. The progress payment schedule for Amendment Agreement No. 2 term shall be as follows: Estimated Schedule of Progress Payments July 2016 - 0% August 2016 - 2% September 2016 - 6% October 2016 - 8% November 2016 - 10% December 2016 - 11% January 2017 - 6% February 2017 - 11% March 2017 - 12% April 2017 - 15% May 2017 - 12% June 2017 - 7% A detailed Project Schedule for the Amendment Agreement No. 2 term has been included as Attachment B. 5. The changes provided to the Original Agreement, as amended by Amendment Agreement No. 1, as provided in this Amendment Agreement No. 2 are germane to the Original Contract as amended by Amendment Agreement No. 1, and this Amendment Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 2, the Original Agreement as amended by Amendment Agreement No. 1 shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement as amended by Amendment Agreement No. 1 and the provisions in this Amendment Agreement No. 2, the provisions of this Amendment Agreement No. 2 shall control. N WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: 1% By: -1141Ai City Manager Its Senior Civil Engineer Attest: Attest: LW/UV' - ■gga City Clerk Its S:;retar ATTACHMENT A-AMENDMENT NO. 2 SCOPE OF SERVICES July 2016 to June 2017 Contract Year of the 2014 Combined Sewer Overflow NPDES Permit Compliance Project The scope of services for the July 2016 to June 2017 Contract Year of the 2014 CSO NPDES Permit Compliance Project shall be as follows. For clarity, it has been divided into the major components described in our Statement of Project Understanding and Approach. SYSTEM MANAGEMENT 1. Manhole Inspection a. Continue the annual field inspection of 900 sanitary and combined sewer system manholes, as outlined in the Request for Proposal. As there are over 9,000 manholes in the City's combined and separate sanitary sewer systems, it is anticipated that manhole inspections will be performed for every year of the contract duration. Inspections will be non-entry to evaluate the conditions of the manhole using a standardized form and rating system. An inspection report will be completed and filed for each inspected manhole. The inspections shall also serve as verification of the system layout,manhole location and line connectivity b. Input the condition data collected in Item l.a into the City's maintenance management system database and make corrections to the system map as necessary to reflect the new data. This task includes regular communication with the City's Salesforce/Asset Optics database manager and/or NDPES Permit Project Manager. 2. Sewer System Map Maintenance a. Perform annual updates to the City of Elgin's sanitary and combination sewer map. The update information will be obtained from a variety of sources including; City staff, the manhole inspections and review of Record Drawing and As-Built information. Our firm will work with the City's NPDES Project Manager as well as with the Manager of the Salesforce/Asset Optics database to ensure that the base map is based on the most current and accurate information. It is anticipated that the aerial base map will be provided by the City in the ArcGIS 10.0 format of the existing system. The map updates performed as part of this project shall provide information in layers for: 1. Streets and Street Names 2. Structures (Manholes, Diversion, etc.) 3. Structure Numbers 4. Pipe Systems and Sizes 5. Basin Limits b. Participate in regular quality control reviews with City Staff. Any corrections or updates noted by the City during these reviews shall be completed within the data profile described above. The number of quality control reviews may vary but should be kept to two times per year, at a minimum Scope of Services: July 2016 to June 2017 Contract Year ATTACHMENT A-AMENDMENT NO. 2 3. Maintenance Management System Data Base Maintenance a. Input annual updates based on information from City Staff, manhole inspection reports, and Record Drawings into the City Salesforce/Asset Optics database. The data required for each item is listed below: 1. Manhole Number 2. Sewer Main Upstream and Downstream Manhole Numbers 3. Street Name where each item is located 4. Street Address nearest to each Manhole 5. "From-To"Cross Street Names for Sewer Mains 6. Sewer Main Pipe Size 7. Sewer Pipe and Manhole Materials of Construction 8. Construction Date(if available) 9. Sewer Depth(Manhole measure-down) 10. Manhole Photograph 11. Electronic Copy of Manhole Inspection Report b. Complete and/or verify the link between the sewer system map and the informational database to ensure the attribute information for sanitary sewer pipes and manholes can be viewed while in the mapping program. c. Participate in regular quality control reviews with City Staff. Any updates to the database noted by the City during these reviews shall be completed within the data profile described above. The number of quality control reviews may vary but should be kept to two times per year,at a minimum 4. General Mapping Services a. Provide mapping support for the City of Elgin Public Works Department to produce hard copy exhibits, field atlases and wall maps as needed. This scope assumes that the level of support shall be equal to one qualified GIS Technician working onsite with City equipment for two days each month. The level of support will likely be reduced during latter years of the contract when majority of the map and database updates have been completed. SYSTEM EVALUATION 1. Discharge Monitoring Report Procedure a. Perform annual updates to the existing XP-SWMM Hydraulic Model to account for recent sewer separation project, sewer system map updates, etc. These updates will be made to account for sewer separation projects that were not incorporated into the hydraulic model during the previous contract year. This task includes conducting isolated spot surveys to determine sewer and structure elevations at critical locations in the combined sewer system. b. Utilize the hydraulic model to simulate the system behavior in a variety of storm events, including the 2-month, 3-month and 1-year rainfall events defined in Illinois Bulletin 70. Scope of Services: July 2016 to June 2017 Contract Year ATTACHMENT A-AMENDMENT NO. 2 At this stage, the model will be calibrated as necessary to match the data from the flow meters installed at various combined sewer outfall locations. c. Review and update the DMR procedure with the new hydraulic simulation for various rainfall events. Wherever possible, overflow data will be taken directly from flow meter devices d. As required by IEPA policy or NDPES Permit conditions, tabulate the combined sewer overflow events with respect to number of instances, duration of overflow and total volume of discharged flow. PERMIT COMPLIANCE 1. Permit Application Assistance a. Coordinate with IEPA as the City's representative on any new or follow-up information needed for renewal of the City's NPDES Permit Application. Advise the City on alternatives, if applicable, during the permit development process. b. Establish a detailed, step-by-step procedure for the City to follow in order to maintain compliance with the NPDES Permit No. IL0070505 (Effective Date June 1, 2016). This task includes the following items: 1. Assist the City in the completion of routine reports, specifically the annual fiscal data report(required every January),the Long Term Control Plan update reports (required every 6 months) and the Discharge Monitoring Reports (required each month). 2. Coordinate with IEPA as needed to successfully complete and submit these reports. 3. Review of system data, specifically the XP-SWMM hydraulic model,in order to provide recommendations on potential Capital Improvements such as sewer separation projects. This scope does not include the detailed design analysis of the projects, as that task is typically part of a separate project. c. Develop a file and filing system in the office of the City Engineer, sufficient to maintain all aspects of CSO Permitting and encourage consistent file and project documentation management. It is anticipated that the following types of information will be included: 1. Electronic file back up of the computerized system map, including instructions for loading and updating. 2. Detailed instructions on the documentation of violations, illicit discharges and manhole inspections. 3. IEPA forms with instructions for their use 4. Copies of all pertinent IEPA permits 5. Copies of all compliance documentation 6. Minutes and agendas for all public meetings 7. Publications,industry literature,etc.that can be used to promote public education on the combined sewer system. Scope of Services: July 2016 to June 2017 Contract Year ATTACHMENT A-AMENDMENT NO. 2 d. Perform a review of the current ordinances,develop revisions for ordinance improvement, develop violation and application forms to be used by the engineering and code inspectors, and develop step-by-step procedure for inspectors. e. Prepare and submit a response to the IEPA with regards to the sensitive discharge area at Outfall 012 at Prairie Street. The narrative response will summarize the work recently completed at this outfall point and explain why the discharge is controlled. f. Prepare an update for the Pollution Prevention Plan report that was previously submitted to the IEPA and conduct a public information meeting to distribute the information to City residents. Both report update and public meeting are requirements of the NPDES Permit. g. Prepare an update for the Combined Sewer Outfall Operation and Maintenance Plan that was previously submitted to the IEPA and conduct a public information meeting to distribute the information to City residents. Both report update and public meeting are requirements of the NPDES Permit. h. Prepare and submit a Capacity,Management,Operations and Maintenance(CMOM)plan as required by the NPDES Permit. This report will be completed using the guidance and template documents provided by EPA and will contain City-specific information such as; a complete system map, organization structure of City staff, an Asset Management Strategy, etc. It is anticipated that a preliminary version of the report will need to be submitted for City review no later than April 14, 2017. Any comments from City staff will be incorporated into the final report so that it may be submitted by the required deadline of May 30, 2017 (12 months from the Effective Date of the NPDES Permit). Scope of Services: July 2016 to June 2017 Contract Year ATTACHMENT C—AMENDMENT NO. 2 PERSONNEL BILLING RATES & REIMBURSABLES The proposed billing rates and reimbursable items for this project are summarized below: Professional Engineer: $112/hour Professional Land Surveyor: $112/hour Manhole Inspection Supervisor $90/hour (Engineer or Surveyor) GIS Technician: $65/hour Field Technician: $63/hour Mileage: $0.54 per mile(based on 2016 IRS Standard Mileage Rate) Tolls: Full reimbursement for all tolls incurred with 0% mark-up Printing: Reimbursement of printing costs for full size system maps (w/aerial view) and copies of permitting documents such as updates to the Long Term Control Plan. July 2016 to June 2017 Contract Year of the 2014 Combined Sewer Overflow NPDES Permit Compliance Project ATTACHMENT D AGREEMENT THIS AGREEMENT is made and entered into this 25th day of June , 20 14 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and R.K. Johnson & Associates, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in'connection with 2014 Combined Sewer Overflow National Pollution Discharge Elimination System 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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY, herein after referred to as the "DIRECTOR". B. The ENGINEER shall provide assistance to coordinate with the EPA on the renewal process, to develop/revise and implement programs and record keeping systems to insure compliance with the permit, to complete field inspections of manholes and miscellaneous structures in the sanitary and combined sewer systems,to complete/update the maintenance management system data base for the sanitary and combined sewer systems and to input data and correct/update mapping to reflect current growth and corrections of existing data/mapping for the sanitary and combined sewer systems. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. a. Manhole Inspections: July—November 2014 b. Map Maintenance: July 2014—May 2015 c. Discharge Monitoring Reports: July 2014—June 2015 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. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the. CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the direct hourly rate of personnel employed on this PROJECT based on the rate schedule Attachment C, with the total fee not to exceed $99,520.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR and approved by way of written amendment to this Agreement. B. Reimbursable expenses are listed in Attachment C and are included within the total fee amount not to exceed $99,520.00 referred to in Section 4A hereof. D. 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. Estimated Schedule of Progress Payments July 2014— 10% August 2014— 15% -2 - September 2014— 15% October 2014— 15% November 2014— 10% December 2014— 5% January 2015 —5% February 2015 —5% March 2015-5% April 2015 - 5% May2015 -5% June 2015 - 5% 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. 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 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. 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 - 3 - 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. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition,if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. 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, attorneys 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 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. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any tern or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. - 4 12. 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 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. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification" shall be provided. This 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 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 Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. 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. 13. 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. 14. NONDISCRIMINATION - 5 - 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. 15. 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. 16. 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 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. 17. 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. 18. 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. 19. 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 6 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. 20. 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. 21. 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 disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 25. 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; - 7 - 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. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement,ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: Kyla Jacobsen Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 - 8 - B. As to ENGINEER: Nicholas Becker, P.E. R.K. Johnson&Associates, Inc. 1515 Windsor Road Loves Park, IL 61111 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By if l/I ByT 14L \ City Manager / Name/Print: Nicholas Becker,P.E. Title: Senior Civil Engineer Att st: // � l.%��'ac 6 City Clerk - 9 - • ATTACH MEr►'r AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 14th day of October , 2015, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City"), and R.K. Johnson&Associates, Inc., an Illinois corporation (hereinafter referred to as "Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated June 25, 2014 (the "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the term of the Original Agreement (included as Attachment "D") provides for services from contract year beginning July 2014 and ending June 2019; and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning July 2014 and ending June 2015; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Engineering, Permit Compliance and Field Inspection activities for the contract year July 2015 to June 2016. WHEREAS, the contract price for the Original Agreement is $99,520.00, and the cost for the Engineering, Permit Compliance and Field Inspection services July 2015 to June 2016 contract year to be provided pursuant to Amendment Agreement No. 1 is in the amount of$81,840.00 WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the City and is authorized by law. NOW,THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section 1C the Original Agreement is hereby amended by adding the following to the end thereof: C. ENGINEER shall also perform the Services described in Attachment "A-1", entitled "Scope of Services, July 2015 to June 2016 Contract Year of the 2014 Combined Sewer Overflow NPDES Permit Compliance Project". No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City. 3. Section 2A of the Original Agreement is hereby amended to read as follows: A. An outline project milestone schedule is provided hereinunder a. Manhole Inspections: August 2015—May 2016 b. Map &Database Maintenance: October 2015 —June 2016 c. Discharge Monitoring Report: August 2015 —June 2016 4. Section 2B of the Original Agreement is hereby amended by adding the following to the end thereof: "A detailed project schedule for the Project for the term of July 2015 through June 2016 is included as Attachment B-1 attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below." 5. Section 4A of the Original Agreement is hereby amended by adding the following to the end thereof: "For services provided pursuant to Amendment Agreement No. 1 for the term of July 2015 through June 2016 the ENGINEER shall be paid at the direct hourly rate of personnel employed on the PROJECT based on the rate schedule in Attachment C,with a total fee not to exceed$81,840 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the DIRECTOR and approved by way of written amendment to this agreement." 6. Section 4B of the Original Agreement is hereby amended by adding the following to the end thereof: "Reimbursable expenses for the term of July 2015 through June 2016 are included within the total fee amount not to exceed $81,840 referred to in Section 4A hereof." 7. Section 4D of the Original Agreement is hereby amended by adding to the end thereof the following Estimated Schedule of Progress Payments for the term of July 2015 through June 2016: "Estimated Schedule of Progress Payments July 2015 - 0% August 2015 - 5% September 2015 10% October 2015 - 10% November 2015 - 10% December 2015 - 10% January 2016 - 5% February 2016 - 10% March 2016 - 10% April 2016 - 10% May 2016 - 10% June 2016 - 10%" 8. The changes provided to the Original Agreement, as provided in this Amendment Agreement No. 1 are germane to the Original Contract, and this Amendment Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law. 9. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 10. That in the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 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 CONSULTANT By: By: r y Manager Its Senior Civil Engineer Attest: Attest: City Clerk Its Sec etary F:\Legal Dept\Agreement\Johnson RK-Amend#1-CSO NPDES Pennit Compliance Services-clean 9-17-15.docx