98-5 Resolution No. 98-5
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
D. CARROLL ENGINEERING & ASSOCIATES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, 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
D. Carroll Engineering & Associates for the 1997 combined sewer
overflow mapping, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: January 14 , 1998
Adopted: January 14, 1998
Omnibus Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
� s
AGREEMENT
THIS AGREEMENT, made and entered into this /,9 day of
/.• , 199?, by and between the CITY OF ELGIN, an
I"linois - unicipal corporation (hereinafter referred to as
"CITY" ) land D. Carroll Engineering & Associates (hereinafter
referred to as "ENGINEER" ) .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional services in connection with
1997 Combined Sewer Overflow NPDES Permit Compliance Project Extension
(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. Sewer System Mapping
b. IMS Database Development
c. Map and Database Linkage
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 2.3 times the direct hourly rate of
personnel employed on this PROJECT, with the total fee
not to exceed $85,760.00
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%
C. ( list other components of the fee such as
reimbursables . )
Software Expenses $ 9,525.00
Mileage Expenses $300.00
Printing Expense $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 Mapping $19, 860. 00
b. IMS Database Development $43, 440 . 00
c. Map and Database Linkage $22, 460 . 00
Total Fee $85, 760. 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.
D. Carroll •Engineering & Associates •
1550 Pearl St.
Belvidere, IL 61008
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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
By rU S I By .
City Clerk ty Manager
(SEAL)
•
For the ENGINEER:
Dated this 3day of .e,C ps,All e.e-• , A.D. ,
1997 .
D. Carroll Engineering & Associates
By &
Owner d/
Attachment A
City of Elgin
1997 Combined Sewer Overflow, NPDES, Permit Compliance Project Extension
Scope of Services
1. Sewer System Map
a. Complete sewer system map development by adding all City of Elgin and Fox
River Water Reclamation District owned sanitary sewer manholes and mains
within the City limits and not currently shown. This shall include any new
subdivisions constructed and accepted by the City as of November 1997. 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 generally in accordance with the existing maps
graphics standards, except as discussed below.
Record information will be used to the extent it is available, if record information is
not available site investigation will be performed to obtain the above data. We
understand that approximately 25% of the City's manholes have not been mapped
and approximately 1000 manholes have no identification number.
b. Peform map clean up to correct street name and sewer data conflicts, and text
overlaps.
c. Prepare a written graphics standards report that establishes the standards to be
used to map elements. This report should address element creation procedures,
layering of elements, pen weights, line styles, etc.
d. 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.
e. Deliver the final map product the City in Intergraph Microstation format and load
the map on the City's computer.
2. IMS Data Base
a. Complete IMS data base development for all manholes and sewer mains shown in
the map. 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
Pipe Size on mains
Record information will be used to the extent it is available, if record information is
not available site investigation will be performed to obtain the above data.
b. Provide database development to include the following data if available from
existing records:
Pipe and manhole materials of construction
Construction date
Sewer depth
Jurisdictional Data
Previous maintenance events, date and work performed
c. Purchase and arrange for installation and training of the Version 7 Upgrade to the
Hansen IMS. Training includes 4 days on site for a qualified trainer and up to 4
staff from the City. The upgrade includes one year of maintenance contract.
Future years to be paid by the City.
d. 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.
e. 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, such that the database history file can be viewed while
in the mapping program.
ATTACHMENT B
December January February March April
ID Task Name 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/18 1/25 2/1 2/8 2/15 2/22 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19
1 SEWER SYSTEM MAP
2 Notice to Proceed ♦ 12/18
3 Records Research
4 Map Development
5 Installation at City
6
7 IMS DATABASE
8 Records Research
9 Database Development
10 Map and Database LINKAGE
11 Installation at City
12 Software Upgrade&Training
Project: 1997 CSO NPDES Permit Compliance Task Milestone •
Project Extension
Date:12/5/97
Page 1
ATTACHMENT B
June July Au Se temb
ID Task Name 4/26 5/3 5/10Ma 15/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 18/16ust 8/23 8/30_ 9/6 19/13
1 SEWER SYSTEM MAP
2 Notice to Proceed
3 Records Research
4 Map Development
5 Installation at City
6
7 IMS DATABASE
8 Records Research
9 Database Development
10 Map and Database LINKAGE ,f
11 Installation at City x` :c;
12 Software Upgrade&Training
Project: 1997 CSO NPDES Permit Compliance Task Milestone
Project Extension
Date:12/5/97
Page 2
Attachment C
City of Elgin
1997 Combined Sewer Overflow, NPDES, Permit Compliance Project
Carroll Engineering & Associates proposes to use the following subconsultants on this
project. Since multiple subconsultants are capable of performing project work, we may
substitute other firms in the event that we can obtain more timely performance or lower
costs. Any substitutions will be approved by the Director prior to award of subcontracts.
Subconsultants:
IMS Database Development & Map Linkage - Management Concepts, Inc.
Hansen IMS Database & Training - Hansen Information Technologies
• _
ti Agenda Item No.
City of Elgin
4t
�ATED4E'•
December 5, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Engineering Services Agreement
1997 Combined Sewer Overflow (CSO) Mapping
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
Infrastructure Management System (IMS) and completion of the
combined and sanitary sewer mapping.
BACKGROUND
In May, 1997, the City Council approved an Engineering Servic-
es Agreement for 1997 Combined Sewer Overflow (CSO) Monitoring
with D. Carroll Engineering & Associates (Attachment A) . This
agreement addressed ongoing CSO permit compliance and evalua-
tion of sewer backup problems around the City. Field work is
approximately 80% complete. A preliminary report is expected
in January, 1998 .
Staff prepared a request for proposal to complete the sewer
system mapping. The completion of the mapping will provide
tools for maintenance planning and tracking, permit compliance
documentation, flow and system modeling.
The Combined/Sanitary Sewer Map, including Roads, Street
Names, Manholes and Manhole Numbers, Sewer Mains, Sewer Basin
Limits, Pipe Sizes, has been developed for the area currently
served by combined sewers .
This project will provide for completing the computerized
mapping and database for the City' s sanitary sewer system.
When complete, the system mapping can be used to track mainte-
nance and to enable flow modeling for capacity verification of
the sewer. Additional data collection is required and budget-
ed in the Five-Year Financial Plan to complete conditional
ep.„ assessment of each manhole over the five-year period.
A \ .
Engineering Services Agreement/CSO Projects
December 5, 1997
Page 2
el"..
Proposals to complete the mapping task were received on
November 19, 1997 from four firms:
- Crawford, Murphy and Tilly (CMT) p
kE
- Baxter & Woodman (B&W)
ft- D. Carroll Engineering & Associates
- Rust Environment & Infrastructure
A staff selection committee evaluation of the four proposals 1
was conducted, which resulted in D. Carroll Engineering &
Associates being the top-rated firm. A copy of the memoran- a
dum sent to the staff selection committee, the results of the
selection process, as well as a comparison of the consultant ' s a'
proposed scope of work and this proposed agreement is shown as f
Attachment B. �f
Upon selection, D. Carroll Engineering & Associates met with /'
staff to finalize the project scope and negotiate their fee. M
The final negotiated fee is $85, 760 . This fee is higher than t
the posted fee in Attachment B in order to include a linking
of the maps with the system database, providing for flexibili-
ty of the systems, allowing for ease of access to maintenance
control information and reduced levels of effort for data
entry. This enhancement has been discussed with MIS staff and
elim. they have indicated agreement that this is an important
enhancement to the scope of project.
A copy of the proposed agreement is shown as Attachment C.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox River Water Reclamation District .
7„JINANCIAL IMPACT
The project was included as part of the Sewer portion of the
1997 General Obligation Bond sale on May 14, 1997 . The amount
of $290, 000 was originally budgeted for this project (account
number 397-4200-795 . 93-41, project number 339545) , with
$115, 170 spent/encumbered for the CSO Monitoring Project to
date. Sufficient funds are available to approve this contract
extension.
LEGAL IMPACT
None.
ALTERNATIVES
elm None .
Engineering Services Agreement/CSO Projects
December 5, 1997
Page 3
RECOMMENDATION
it is recommended that the City Council approve the subject
agreement with D. Carroll Engineering & Associates in the
not-to-exceed amount of $85,760 . 00 and authorize staff to
execute the necessary documents .
Respectfully submitted,
David L. Lawry, P. E.
Director of Public Works
Robert O. Malm
Interim City Manager
amp