HomeMy WebLinkAbout23-175 Resolution No. 23-175
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 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.2 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: September 13, 2023
Adopted: September 13, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 2
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 13th
day of September 2023, 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 provided for services from contract year
beginning August 2020 and ending July 2021,and
WHEREAS,the term of Amendment Agreement No. 1 provided services from the contract
year beginning January 2022 and ending December 2022,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 Amendment Agreement No. 1 provided a detailed Project Schedule only
for the contract year beginning January 2022 and ending December 2022,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 2023
to December 2023.
WHEREAS,the contract price for the Original Agreement is$88,900.00,the contract price
for Amendment Agreement No. 1 is $117,000.00, and the cost for the Engineering, Permit
Compliance, Report Preparation, Field Surveying and Field Inspection services January 2023 to
December 2023 contract year to be provided pursuant to Amendment Agreement No. 2 is in the
amount of$98,000.00.
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:
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-2",entitled"Scope
of Services, January 2023 to December 2023 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.2 to read as follows:
PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder
a. General Permit Compliance January 2023—December 2023
b. Manhole Inspections: March 2023 —December 2023
c. Field Survey of MH Elevations: May 2023—December 2023
d. Map&Database Maintenance: April 2023 —December 2023
e. Discharge Monitoring Report: January 2023 —December 2023
f. Project Coordination: To be determined*
g. MWRD LTOMP Report May 2023—September 2023**
*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.
**Note: Time period assumes MWRD will review and request revisions on the original
submittal of the Long Term Operation and Maintenance Plan
B. A detailed project schedule for the Project is included in Attachment`B-2", 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. 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 Amendment No. 1, with the total fee for the Original
Agreement not to exceed$88,900.00,with a total fee for Amendment No. 1 not
to exceed$117,000.00,and with a total fee for Amendment No.2 not to exceed
$98,000.00, 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-2"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
January 2023— 1%
February 2023 — 1%
March 2023—2%
April 2023—5%
May 2023—6%
June 2023—9%
July 2023— 15%
August 2023—9%
September 2023— 14%
October 2023— 14%
November 2023— 14%
December 2023— 10%
A detailed Project Schedule for the Amendment Agreement No. 2 term has been
included as Attachment"C-2".
5. The changes provided to the Original Agreement as provided in this Amendment
Agreement No.2 are germane to the Original Agreement,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
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. 2, the provisions of this Amendment
Agreement No. 2 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:
City Manager Secretary/Treasurer
Attest: Attest:
i
City Clerk Vice re ' '
I
i
AMENDMENT AGREEMENT NO. 2 -ATTACHMENT"A-2"
SCOPE OF ZRVICES
January 2023 thru December 2023 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 2023 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.
c. Provide bi-annual summaries 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 City Project Manager is consistently aware of the project status. Certain
inspection observations,such as critical manhole deficiencies or Sanitary Sewer
Overflows,will be brought to City Staff s 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. A typical Status Report will include a
summary of recent SmartCover data to demonstrate the progress made in terms of
limiting combined sewer overflow(CSO)events.
City of Elgin CSO NPDES Permit Compliance Project
Contract Year 2023
AMENDMENT AGREEMENT NO. 2 -ATTACHMENT"A-2"
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.
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)
City of Elgin CSO NPDES Permit Compliance Project
Contract Year 2023
AMENDMENT AGREEMENT NO. 2 -ATTACHMENT"A-2"
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 a network-connected 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.
METROPOLITAN WATER RECLAMATION DISTRICT REPORTING
REQUIREMENTS
1. Long Term Operation and Maintenance Plan
The LTOMP will be a compilation of several previously completed documents required by
MWRD and the IEPA(see summary below)
a. Capacity,Management,Operation and Maintenance(CMOM)Plan
b. Condition Assessment (summary of deficiencies noted in Sewer Televising and Smoke
Testing evaluations)
c. Private Sector Program
City of Elgin CSO NPDES Permit Compliance Project
Contract Year 2023
AMENDMENT AGREEMENT NO.2-ATTACHMENT"B-2"
Task Job Class I Jan-2023 I Feb-2023 Mar-2023 A r-2023 Ma -2023 Jun-2023 Jul-2023 Au -2023 Se -2023 Oct-2023 Nov-2023 Dec-2023 Total
GENERAL PERMIT COMPLIANCE
1.Discharge Monitoring Report(DMR) Prof.Engineer 2 2 3 3 4 4 4 4 3 3 2 2 36
_.... __......__ _..........__....P.L.S. 0
MH Supervisor 0
. ........ ..._....... _......................_. .....................................................................- _............
General Coordination and Correspondence Prof.Engineer 2 2 2 6 4 8 18 6 6 6 4 8 72
Z
P.L.S. _..._ _...... _.....
0
....._....._.._....._........_..._........ MH Supervisor 0
GIS Technician 0
Field Technician 0
3.Coordination with Sewer Separation Projects Prof.Engineer 4 4 4 4 16
P.L.S. 0
GIS Technician 0
4.Bi-Annuaf Updated to the Long Term Control Prof.Engineer 8 8 16
Plan P.L.S. 0
GIS Technician 0
SYSTEM&DATABASE MANAGEMENT
1. GIS Map Maintenance and Updates Prof.Engineer 0
- Based on information from MH Inspection' P.L.S. 0
- Based on field survey of MH Rim Elevations MH Supervisor _ 0
_._.. _.._.. _... ...__... GIS Technician 4 4 8 8 8.. 8.. 16 24 4 84
2. Review MH Mspeetlorts and Flay Noted Prof.Engineer 0
Deficiencies P.L.S. 0
GISTechnician 4 4 8.. 8 16 16 24 4 84
3. Mapping Updates based on Sewer Separation Prof.Engineer 0
Projects P.L.S. _.... 0
_............................ MH Supervisor 0
GIS Technician 8 8 4 20
FIELD INSPECTION AND SURVEYING
1. Manhole Inspection Prof.Engineer 0
-900 Manhole Structures inspected annually P.L.S. 0
MH Supervisor 8 16 24 24 24 24 40 40 40 16 256
GIS Technician 0
Field Technician 8 16 24 24 24 24 40 40 40 16 2W
2. Sanitary and Combined Sewer Manhole Rim Prof.Engineer _ _ _ _ 0
Elevation P.L.S. 0
-900 Rim Elevations field surveyed annually MH Supervisor _8 16 8 16 ...,,..18..,___. 16 _ 8o
GIS Technician _. 0
Field Technician 8 16 8 16 --16 16 8o
FIELD INSPECTION AND SURVEYING
8.Preparation of Manhole Inspection Summary Prof.Engineer 32 32
P.L.S. 0
............... ...._......._... ........_....._ _........ _..
GIS Technician
MWRD CONDITION ASSESSMENT&REPORTING REQUIREMENTS
1.MWRD Reports Prof.Engineer 8 32 40
P.L.S. 0
-Long Term Operation and Maintenance Plan GIS Technician e 8
City of Elgin CSO NPDES Permit Compliance Project
Contract Year 2023
AMENDMENT AGREEMENT NO.2-ATTACHMENT"C-2"
PERSONNEL BILLING RATES& REIMBURSABLES
The proposed billing rates and reimbursable items for this project are summarized below:
Professional Engineer/Project Manager: S122/hour
Professional Land Surveyor: S115/hour
Manhole Inspection Supervisor $97/hour
Lead Technician: $90/hour
GIS Technician: S77/hour
Field Technician: S70/hour
Mileage: $0.655 per mile(based on 2023 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),
hardcopies of copies of previously submitted permit documents(i.e. Long Term
Control Plan or the Capacity,Management,Operations and Maintenance Plan),
and hardcopies of reports required by the Metropolitan Water Reclamation
District.
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
2023 Contract Year