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HomeMy WebLinkAbout22-47 • Resolution No. 22-47 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH R.K. JOHNSON& ASSOCIATES, INC. FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE 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 pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 an Amendment Agreement No. 1 on behalf of the City of Elgin with R.K.Johnson&Associates,Inc.,for additional professional services in connection with the 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. David J. Kaptain,Mayor Presented: March 23, 2022 Adopted: Vote: Yeas Nays Recorded: Attest: Kimberly A. Dewis, City Clerk Resolution No. 22-47 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH R.K. JOHNSON&ASSOCIATES, INC. FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE 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 pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 an Amendment Agreement No. 1 on behalf of the City of Elgin with R.K.Johnson&Associates,Inc.,for additional professional services in connection with the 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: March 23, 2022 Adopted: March 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 23rd day of March 2022, 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 August 25, 2020 (the "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 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 provides for services from contract year beginning August 2020 and ending July 2021, and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning August 2020 and ending July 2021; 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),Field Surveying and Field Inspection activities for the contract year January 2022 to December 2022. WHEREAS, the contract price for the Original Agreement is $88,900.00 and the cost for the Engineering, Permit Compliance, Report Preparation, Field Surveying and Field Inspection services January 2022 to December 2022 contract year to be provided pursuant to Amendment Agreement No. 1 is in the amount of$117,000.00. WHEREAS, the changes contemplated by this Amendment No. I 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 1 the Original Agreement is hereby amended by adding the following to the end thereof: D. ENGINEER shall perform the Services described in Attachment"A-1",entitled"Scope of Services, January 2022 to December 2022 Contract Year of the 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. I to read as follows: PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder a. General Permit Compliance January 2022—December 2022 b. Manhole Inspections: February 2022—November 2022 c. Field Survey of MH Elevations: February 2022—November 2022 d. Map& Database Maintenance: January 2022—December 2022 e. Discharge Monitoring Report: January 2022—December 2022 f. Project Coordination: To be determined* g. Update of IEPA Reports February 2022—July 2022 i. CSO Operation & Maintenance Plan ii. Pollution Prevention Plan iii. Capacity, Management, Operation& Maintenance Plan h. MWRD Conditions Assessment March 2022—July 2022 i. MWRD Reporting Requirements February 2022—December 2022 *Note: Coordination with City Sewer Separation Project will be completed on a"as needed" basis. Therefore,the timeline for the coordination work will be based on the schedule of the Sewer Separation Design Project rather than the NDPES Permit Compliance Project. B. A detailed project schedule for the Project is included in Attachment"B-1", attached hereto. Progress will be recorded on the project schedule and submitted as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR regular status reports keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. The status reports shall be provided,at a minimum,with every project invoice and at every project coordination/discussion meeting. 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. l 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 Amendment No. 1, with the total fee for the Original Agreement not to exceed $88,900.00, and with a total fee for Amendment No. 1 not to exceed $117,000.00, 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-I"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. 1 term shall be as follows: Estimated Schedule of Progress Payments January 2022— 1% February 2022—3% March 2022— 11% April 2022—8% May 2022— 10% June 2022—20%* July 2022— 10% August 2022— 10% September 2022—6% October 2022—6% November 2022— 10% December 2022—5% * The work anticipated for the month of June includes smoke testing of the sanitary sewer in the MWRD Area. A detailed Project Schedule for the Amendment Agreement No. 1 term has been included as Attachment"B-I". 5. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 1 are germane to the Original Agreement,and this Amendment Agreement No. 1 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. 1, the Original Agreement shall remain in full force and effect. 7. 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. City Manager Secr tary reasurer Attest: Attest: I/ r ,d('‘f/ f `,24/RIB ity Clerk Vice re.Wie ' AMENDMENT AGREEMENT NO. 1 - ATTACHMENT"A-1" SCOPE OF SERVICES January 2022 thru December 2022 Contract Year Combined Sewer Overflow NPDES Permit Compliance Project The Combined Sewer Overflow NPDES Permit Compliance Project is a five year program to ensure continuing compliance with IEPA CSO-NPDES Permit No. IL0070505. The following Scope of Services applies to the second year of the five year program,extending through the entire 2022 calendar year. For clarity, it has been divided into the four major project components. GENERAL PERMIT COMPLIANCE 1. Discharge Monitoring Reports a. Review and analyze the SmartCover flow-metering data obtained at each of the permitted Combined Sewer Outfall(CSO)locations. This data will be used to complete the monthly Discharge Monitoring Report as required by NPDES Permit No. IL0070505. b. Communicate and coordinate with City Staff when recorded data seems abnormal or inconsistent with regular Combined Sewer System flow patterns. In instances where the SmartCover devices are malfunctioning or out of service,the Discharge Monitoring Report will be completed based on previously compiled flow metering data or the XP- SWMM Hydraulic Model of the Combined Sewer System. c. Provide an annual summary of Discharge Monitoring Reports to tabulate the Combined Sewer Overflow events that occurred at each permitted outfall. 2. General Permit Coordination and Correspondence a. Provide project management to schedule manhole inspection crews,review field notes and critical deficiency observations and otherwise coordinate the different aspects of NPDES Permit Compliance. b. Communicate regularly with City Staff,including periodic progress meetings,to ensure that the Water Director is consistently aware of the project status. Certain inspection observations,such as critical manhole deficiencies or Sanitary Sewer Overflows,will be brought to City Staffs attention immediately. 3. Coordination with Sewer Separation Projects a. When directed by City Staff,our firm will provide Combined Sewer System information to the Engineering Consultant designing the sewer separation improvements projects. This task includes support of the sewer separation projects only;the detailed design will be provided by the Engineering Consultant hired to complete the Sewer Separation Project. 4. Long Term Control Plan Status Reports a. Complete and submit bi-annual status reports describing progress made on the implementation of the Long Term Control Plan City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO. 1 -ATTACHMENT "A-I" 5. Update Previous Submitted Illinois Environmental Protection Agency Reports a. Review the CSO Operation& Maintenance Plan,Pollution Prevention Plan and the Capacity,Management,Operation and Maintenance(CMOM)Plan with City Staff. Each of these reports were submitted as part of the previous NDPES Permit Compliance Project. b. Prepare a narrative document that amends the previously submitted reports,with updated system maps where necessary. The narrative amendment will be submitted to the IEPA as required by NDPES Permit No. IL007050. c. Conduct a public presentation to communicate the CSO Operation and Maintenance Plan and the Pollution Prevention Plan to Elgin citizens. SYSTEM & DATABASE MANAGEMENT 1. GIS Map Maintenance and Updates a. Perform annual updates to the City of Elgin's sanitary and combination sewer map. The updated information will be obtained via discussions with City Staff as well as field notes and observations taken during the manhole inspections. 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. Update the sanitary and combined sewer system map based on recently constructed Sewer Separation Projects. The map will be updated to identify new locations of combined sewer or the new pipe, manholes, etc. that compose a separated sanitary sewer. As in previous years, mapping of separate storm sewer or sanitary sewer improvements is not included in this Scope of Services. It is anticipated that Record Drawings will be provided for sewer separation projects completed within the past two years. c. 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. d. 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 of Services assumes that no more than 20 full-size hardcopy walls maps will be required. City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO. 1 - ATTACHMENT "A-1" 2. GIS Database Maintenance and Updates 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. Manhole Rim Elevation 8. Sewer Pipe and Manhole Materials of Construction(if observable) 9. Construction Date(if available) 10. Sewer Depth(i.e.,Manhole measure-down) 11. Pipe Invert Elevation(based on rim elevation and measure-down depth) 12. Sewer Pipe Slope(calculated using pipe length and invert elevations) FIELD INSPECTION AND SURVEYING 1. Manhole Inspection a. Continue the annual field inspection of 900 sanitary and combined sewer system manholes,as outlined in the Scope of Services for the original Agreement. b. Inspections will be non-entry to evaluate the conditions of the manhole using the standardized protocol and inspection form completed in previous CSO NPDES Permit Compliance Projects. An inspection report(including photograph)will be completed and filed for each inspected manhole structure. The inspections shall also serve as verification of the system layout,manhole location and line connectivity. 2. Sanitary and Combined Sewer Manhole Rim Elevation a. Conduct an isolated field survey to determine the top-of-casting elevation for the inspected sanitary manholes. Elevations will be based on the North American Vertical Datum 1988 using the baseless TopCon GPS instrument. 3. Data Collection and Communication a. Information obtained by the manhole structure inspection or rim elevation survey will be entered into the City GIS map and database as described in the System and Database Management section. b. Critical Deficiencies observed during field inspections (i.e., pipe blockage, Sanitary Sewer Overflow,structural issue creating a safety concern,etc.)will be communicated to City Staff immediately to initiate corrective action. c. Comprehensive Deficiency Summary Reports shall be provided at the end of the Contract Year. The reports will list all deficiencies, including critical deficiencies that were immediately communicated to City Staff. City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO. 1 -ATTACHMENT "A-1" METROPOLITAN WATER RECLAMATION DISTRICT CONDITION ASSESSMENT & REPORTING REQUIREMENTS* 1. Sanitary Sewer Condition Assessment a. Manhole Inspection — Summarize deficiencies as required by the MWRD Inflow & Infiltration Control Program (IICP). Physical inspections to be completed as part of the task outlined above. b. Sewer Cleaning & Televising— This work will be completed under a separate City of Elgin sewer maintenance project. Our firm will summarize any noted deficiencies as required by the MWRD IICP. c. Smoke Testing—Contract a qualified smoke testing subconsultant to complete the field inspection and assessment evaluation. Our firm will review the assessment results and summarize observed deficiencies as required by the MWRD IICP. d. Inspection of Sanitary Lift Stations—This work will be completed under a separate City of Elgin project. Our firm will review the inspection reports to summarize any deficiencies as required by the IICP. 2. MWRD Reporting Requirements a. Annual Summary Reports b. Status of High Priority Deficiencies form c. Capital Improvement Plan form (referencing current City capital improvement funding to the greatest extent possible) d. Condition Assessment Prioritization form e. System Description and Inventory form f. Private Sector Program (referencing adopted City Ordinances to the greatest extent possible) City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO.1-ATTACHMENT"B-1" Task I Job Class I Jan-2022I Feb-2022 I Mar-2022 I Apr-2022 I May-2022 I Jun-2022 I Jul-2022 I Aug-2022 I Sep-2022 I Oct-2022 I Nov-2022 I Dec-2022 I Total GENERAL PERMIT COMPLIANCE 1.Discharge Monitoring Report(DMR) Prof.Engineer 2 2 4 5 6 5 5 5 4 4 4 2 48 P.L.S. 0 MH Supervisor 0 GIS Technician 0 Field Technician C 2.General Coordination and Correspondence Prof Engineer 4 6 8 -1 4 10 4 6 4 1 8 72 P.L.S. 0 MN Supervisor C GIS Technician C Field Technician 0 3.Coordination with Sewer Separation Projects Prof.Enorneer 4 4 4 4 16 PLS. 0 MH Supervisor 0 GIS Technician C Field Technician 0 4.Bi-Annual Updated to the Long Term Control Prof.Engineer 8 ._ 16 Plan P.L.S. 0 MH Supervisor 0 GIS Technician C Field Technician 0 5. Updating previously submitted IEPA Reports Prof.Engineer 24 8 32 - CSO Operation&Maintenance Plan P.L.S. 0 - Pollution Prevention Plan MH Supervisor 0 - CMOM Plan GIS Technician C - Attend and present at required Public Meeting Field Technician 0 SYSTEM&DATABASE MANAGEMENT 1. GIS Map Maintenance and Updates Prof.Engineer C - Based on information from MH Inspection' P.L.S. C - Based on field survey of MH Rim Elevations MH Supervisor C GIS Technician 4 8 8 8 8 8 8 8 8 16 24 1C8 Field Technician 0 2. Mapping Updates based on Sewer Separation Prof.Engineer C Projects P.L.S. C MH Supervisor C GIS Technician 8 8 16 Field Technician 0 FIELD INSPECTION AND SURVEYING 1. Manhole Inspection Prof.Engineer C - 900 Manhole Structures inspected annually P.L.S. C MH Supervisor 8 40 24 24 24 24 16 16 24 40 240 GIS Technician PORT TWolkstan 8 40 24 24 24 24 16 16 24 40 240 2. Sanitary and Combined Sewer Manhole Rim Prof.Engineer C Elevation P.L.S. 0 - 900 Rim Elevations field surveyed annually MR Supervisor 8 8 8 8 8 16 16 8 16 96 GIS Technician Field Technician 8 8 8 8 8 16 16 8 16 96 City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO.1-ATTACHMENT"8-1" FIELD INSPECTION AND SURVEYING(continued) 3. Preparation of Manhole Inspection Summary Prof.Engineer 32 32 P.LS. 0 MR Supervisor 0 GIS Technician 0 Field Technician 0_. MWRD CONDITION ASSESSMENT&REPORTING REQUIREMENTS 1.Sewer Condition Assessement Prof,Engineer 8 8 16 8 8 48 -Manhole lnpsection(completed as part of Annual P.L.S. 0 Program) MH Supervisor 0 -Sewer Cleaning&Televising(contracted by City GIS Technician 0 directly;RKJ to review and summarize results) Field Technician t -Smoke Testing(contracted by RKJ directly) 2.MWRD Reports Prof.Engineer 16 32 48 P.L.S. 0 -Annual Summary Reports MH Supervisor 0 -Status of High Priority Defictencies Form GIS Technician 0 -Capital Improvement Plan Field Technician' D -Condition Assessment Prioritization -System Descrption and Inventory Form -Private Sector Program(PSP) City of Elgin CSO NPDES Permit Compliance Project Contract Year 2022 AMENDMENT AGREEMENT NO. 1 —ATTACHMENT"C-1" PERSONNEL BILLING RATES& REIMBURSABLES The proposed billing rates and reimbursable items for this project are summarized below: Professional Engineer/Project Manager: $120/hour Professional Land Surveyor: $115/hour Manhole Inspection Supervisor $95/hour Lead Technician: $90/hour GIS Technician: $75/hour Field Technician: $68/hour Subconsultant Fees: Fees incurred by qualified subconsultant to complete the smoke testing required by MWRD will be reimbursed in full. Mileage: $0.585 per mile(based on 2022 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 additional copies of previously submitted permit documents(i.e.Updated to the Long Term Control Plan or the Capacity,Management,Operations and Maintenance Plan). Ancillary copies of discussion documents,meeting minutes,etc.will be considered incidental to the project and will not be reimbursed separately. City of Elgin CSO NPDES Permit Compliance Project 2022 Contract Year