98-259 Resolution No. 98-259
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CARROLL ENGINEERING & ASSOC. , P.C. FOR THE
1998 COMBINED SEWER OVERFLOW PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5. 02 . 020B(6) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager,
and Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin
with Carroll Engineering & Assoc. , P.C. for the 1998 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/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 28, 1998
Adopted: October 28, 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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Agenda Item No.
City of Elgin
qaTfUxA•
v:7
October 6, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Engineering Services Agreement
1998 Combined Sewer Overflow (CSO) NPDES Permit
Compliance Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
approval of an extension of an agreement with D. Carroll
Engineering & Associates for the continued development of the
data base, mapping and monitoring of the combined sewer
system.
BACKGROUND
The City of Elgin and communities nationwide are required to
be permitted annually for the operation of combined sewers .
The National Pollution Discharge Elimination System (NPDES)
Permit for Combined Sewer System (CSO) is issued by the
Illinois Environmental Protection Agency (IEPA) . The NPDES
permit requires that the City maintain an updated map and be
able to perform modeling of the combined sewer system. Due to
these requirements, the City has developed a computer-based
map of its sanitary sewer system. The proposed contract
extension with D. Carroll Engineering provides for the
updating of the City' s base map and for the completion of the
annual permit process on behalf of the City.
In May 1997 the City Council approved the engineering services
agreement for 1997 Combined Sewer Overflow (CSO) Monitoring
with D. Carroll Engineering & Associates. This agreement
provides for continuing CSO permit compliance, IMS data base
and CSS map development. Evaluation of sewer backups in
problem areas was also included. In December 1997, the City
Council approved an extension of this agreement with D.
Carroll Engineering & Associates. The extension provided for
the completion of the CSS mapping and the partial completion
of IMS data base .
The attached engineering services agreement will provide for
updating the mapping to include the 1998 Subdivisions and
Capital Improvement projects and efforts to begin populating
the IMS data base .
Engineering Services Agreement/CSO Projects
October 6, 1998
Page 2
The agreement requires the consultant to provide information
on each of the manholes which will be used to populate the
existing data base. Inspection (non-entry) will be performed
on approximately 16% of the manholes in the sewer system under
this contract . The existing IMS data base includes an identi-
fication number and address for each manhole. Under the
attached agreement, the consultant will populate the data base
with information such as the type of manhole or pipe, age of
item, depth, slope and structural condition. Also included in
the agreement is the monitoring of one Combined Sewer Overflow
event and verification of the separation of sewers in the
National Street Basin.
Proposals to develop the mapping task were requested in May
1997 and again in November 1997 from pre-qualified engineering
firms . In both cases, the City Council approved an engineering
services agreement with D. Carroll Engineering & Associates .
D. Carroll Engineering is uniquely qualified to provide the
services to be provided under the proposed agreement . D.
Carroll Engineering was selected for this project based on
their familiarity with the City, the software utilized,
understanding of the requirements of the City and the NPDES
program and their overall approach to the project. They were
twice selected to work on the CSO project, of which this is an
extension. Their work to date makes them uniquely qualified to
rft. continue with the project . The contract has been modified to
provide for a review of subcontractor proposals and costs .
D. Carroll Engineering has met with staff to finalize the
project scope and negotiate their fee . This agreement which
will provide for continuing active management of the CSS/CSO
system as required by the NPDES Permit and the continuation of
the development of the Infrastructure Management System. The
final negotiated fee is $69, 860 . This fee is in line with
previous fee agreements and competitive with previous propos-
als from other firms . As this agreement has not gone through
the proposal process, a two-thirds majority of the City
Council will be required for approval .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox River Water Reclamation District (FRWRD)
yu,__ FINANCIAL IMPACT
The project is included in two areas of the 1998 budget . The
Sewer portion of the 1998 General Obligation Bond sale includ-
ed $75, 000 (account number 398-4200-795 . 92-41, Project 339545)
for CSS/CSO projects . The portion of the contract attributed
to the bond sale totals $31, 980 . The remaining portion of the
contract ($37 , 880) will be charged to the Sewer Operating
Fund, account number 430-4202-772 . 30-99, Professional Servic-
es . Adequate money remains in both accounts to fund this
contract .
Engineering Services Agreement/CSO Projects
October 6, 1998
Page 3
LEGAL IMPACT
VarkThe contract award requires an exception to the Procurement
Ordinance .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the City Council approve the subject
agreement with D. Carroll Engineering in the not-to-exceed
amount of $69, 860 . 00 and authorize staff to execute the
necessary documents .
Respectfully submitted,
4111( J 42/-1____,
J..fce .,1 Parker
City Manager
TD/do
Attachment
AGREEMENT
THIS AGREEMENT, made and entered into this 3(jfday of
0-aam2, , 199?, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as
"CITY" ) and Carroll Engineering & Assoc. . P.C. (hereinafter
referred to as "ENGINEER" ) .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional services in connection with
1998 Combined Sewer Overflow 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, it is hereby agreed by and between the CITY
and the ENGINEER that the CITY does hereby retain the ENGINEER
to act for and represent it in all engineering matters involved
in the PROJECT, subject to the following terms and conditions
and stipulations, to-wit:
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. (this section should be an outline of the services
to be provided by the Engineer) .
a. Map & Database Additions
b. 1999 Flow Monitoring
c. Manhole Inspections
d. National Av. Basin Separation
e. Additional Training & Support
C. A detailed Scope of Services is attached hereto
as Attachment A.
D. A list of Subconsultants is attached as Attachment C.
II. PROGRESS REPORTS
A. An outline project milestone schedule is provided
herein under:
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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 .
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
or legal exposure to the ENGINEER.
IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method)
A. For services provided the ENGINEER shall be reimbursed
at the rate of 2.4 times the direct hourly rate of
personnel employed on this PROJECT, with the total fee
not to exceed $69,860.00
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.
B. For outside services provided by other firms or
subconsultants, the CITY shall pay the ENGINEER the
invoiced fee to the ENGINEER, plus 7% . (Attachment C)
C. ( list other components of the fee such as
reimbursables . )
a. Mileage $1000.00
b. Printing Expenses $200.00
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
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shall not be made until the task is completed and
accepted by the DIRECTOR.
PAYMENT SCHEDULE
a. Sewer System Map Additions,
IMS Data Base Additions, &
Map Database Linkage $2, 500 . 00
b. 1999 Flow Monitoring $23, 360 . 00
(including $19, 500 for outside services)
c. Manhole Inspections $28, 320 . 00
d. National Av. Basin Separation $14, 520. 00
e. Additional Training & Support $1, 160 . 00
Total Fee (Not to Exceed) $69, 860. 00
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 unders 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
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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 IV above.
VII. TERM
This Agreement shall ' become effective as of the date
the ENGINEER is given a written Notice to Proceed and,
unless terminated for cause or pursuant to Article VI
foregoing, shall expire on the date the DIRECTOR
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 breach hereof by the ENGINEER.
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 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.
X. INDEMNIFICATION
The ENGINEER shall indemnify and save harmless the
CITY, its officers and employees from and against any
and all loss, liability and damages of whatever nature,
including Workmen' s Compensation claims, in any way
resulting from or arising out of negligent actions or
omissions of the ENGINEER in connection herewith,
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including negligent actions or omissions of employees
or agents of the ENGINEER arising out of the
performance of professional services .
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 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
Certificate 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 IX entitled "Indemnification" shall
be provided.
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
Engineer' s Professional Liability Insurance
Covering claims resulting from error, omissions or
negligent acts with a combined single limit of not
less than $ 1, 000,000 per occurrence. 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.
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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 hereof to the
same extent that the ENGINEER would have been obligated
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if it had done the work itself and no assignment,
delegation or subcontract had been made.
XVII . NO CO-PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein
contained is intended or shall be construed to, in any
respect, create or establish the relationship of co-
partners between the CITY and the ENGINEER, or as
constituting the ENGINEER as the general representative
or general agent of the CITY for any purpose whatsoever.
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 .
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without
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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: P.A. 85-1295
The ENGINEER certifies hereby that it is not barred
from bidding on this contract as a result of violations
of either Section 33E-3 or Section 33E-4 of the
Illinois Criminal Code.
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 (copy
attached) . _
A copy of the policies must be provided to the
Department of Human Rights upon request. P.A. 87-1257 .
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
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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:
DAVID L. LAWRY, 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.
1550 Pearl St.
Belvidere, IL 61008
• -10-
•
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
(2 By /
- lCit , ek (_ By CI.Ittranag,erY _
(SEAL)
For the ENGINEER:
Dated this 14th day of September
1998.
ATTES . Carroll Engineering & Assoc. . P.C.
/////'
B cam' By
( //, /r C
S retary /resident
i
(SEAL)
Attachment A
City of Elgin
1998 Combined Sewer Overflow, NPDES, Permit Compliance Project
Scope of Services
1. Sewer System Map Additions
a. Continue sewer system map development by adding sanitary sewer manholes and
mains added to the City's system between November 1997 and November 1998.
This scope assumes a total of 110 manholes have been added. The data required in
the map is as follows:
Roads
Street Names
Manholes& Manhole Numbers
Sewer Mains
Sewer Basin Limits
Pipe Sizes
This information will be added based on the as built drawings on record at the
City.
b. Participate in 2 quality control reviews of the map product with the City. Make
any corrections or additions noted by the City within the above described data
profile.
c. Deliver the final map product the City in Intergraph Microstation format and load
the map on the City's computer.
2. IMS Data Base Additions
a. Complete IMS data base development for all manholes and sewer mains included
in Item #1. The data required for each item is as follows:
Manhole Number
Sewer Main Upstream& Downstream Manhole Numbers
Street Name where item is located
Street Address nearest each manhole
From-To Cross Street Names for mains
A-1
Pipe Size on mains
Pipe and manhole materials of construction
Construction date
Sewer depth
b. Participate in 2 quality control reviews of the database product with the City.
Make any corrections or additions noted by the City within the above described
data profile.
c. Deliver the final database product the Hansen Information Technologies format
and load the database on the City's computer.
3. Map and Database Linkage
a. Complete Sewer System Map and Database electronic link development for all
manholes and sewer mains included in Item #1, such that the database inventory
file can be viewed while in the mapping program.
4. 1999 Flow NPDES Permit Monitoring
Monitor one CSO event to characterize CSO impacts and evaluate the efficiency of CSO
controls. This task will be performed during a normal wet season and will include 30%
CSO basins, or 30% of suspected CSO volume as required by the City. However, field
monitoring is assumed as 5 locations for 45 days each. Prepare a summary report of the
monitoring findings.
In the event that outside services are required for this task, obtain a maximum of 3
proposals from qualified firms for review and approval by the Director. Approval of the
Director is required prior to selection of an outside services firm.
5. Manhole Inspections
a. Perform inspections on 800 manholes. Inspections will be non-entry inspections to
evaluate the condition of the casting, corbel, cone, barrel, steps, and identify
defects contributing infiltration or inflow.
b. Add condition data collected in Item 5.a. above to the Hansen database for the
manholes included in Item 5.a., and make corrections to system map as necessary
to reflect data.
6. Verification of National Av. Basin Separation
a. Perform smoke testing on all sanitary sewers in this basin to confirm no illegal
connections exist.
A-2
b. Perform manholes inspections on all sanitary and storm sewer manholes to confirm
system layout and condition of sanitary manholes.
c. Review record drawings for the sanitary and storm sewer system and compare to
inspection data.
d. Perform a hydraulic analysis on the storm sewer system to verify the capacity of
the system is adequate for the service area.
e. Assist City with monitoring flow in sanitary sewer system upstream of Diversion
Structure to confirm flows and impact of rainfall on system. This scope assumes
the City will install one flow meter for 3 months, and CE&A will review and
analyze the data.
f. Prepare a system separation report that summarizes the above described activities
and that can be used as the basis for declaration of final separation of this part of
the City's system.
g. Upon approval of the system separation report, prepare drawings, specifications
and bidding requirements for elimination of the overflow diversion at Diversion
Structure #3. Submit these documents to the City for review and approval.
Incorporate review comments by the City, and submit reproducible copies of all
documents to the City for bidding purposes.
7. Additional IMS System Training & Support
Attend meetings and provide asistance to City staff in the use and on going support of the
Hansen Infrastructure Management system developed under the CSO program. This
scope assumes 4 - 1/2 day assignments to provide this service. Work location may be at
the City or at CE&A offices as required.
A-3
CITY OF ELGIN
ATTACHEMENT B
November December January. FebruaryMarch April May June Jul
ID Task Name 25 1 8 15 22 29 6 13 20127 3 10 124 31 7 121 28 7 14121 28 4 _11. 18 25 2 9 16 23 30. 6 13 20 27 4 111_18 25 1
1 Notice to Proceed
2 Map&Database Additions 111111111111111111111111111111111
3 1999 Flow Monitoring
4 Manhole Inspections
5 National Av.Basin Separation
6 Additonal Training&Support
Project: 1998 CSO NPDES Task Progress Milestone •
Compliance Project
Date:9/14/98
Page 1
•
Attachment C
City of Elgin
1998 Combined Sewer Overflow, NPDES, Permit Compliance Project
Carroll Engineering& Associates proposes to use the following subconsultants on this
project. Any substitutions will be approved by the Director prior to award of
subcontracts.
Subconsultants:
Flow Meter Rental & Installation - Elan Environmental