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02-284 Resolution No. 02-284 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P. C. FOR THE 2002 COMBINED SEWER OVERFLOW 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 interests of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, Interim 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 & Associates, P.C. for the 2002 Combined Sewer Overflow Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 14 , 2002 Adopted: August 14 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk l AGREEMENT THIS AGREEMENT, made and entered into this 1st day of August, 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Carroll Engineering & Associates, P.C., an Illinois professional corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2002 CSO NPDES Permit Compliance & Combined/Sanitary Sewer Map Conversion (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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms 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. The work in this agreement consists of the following: a. Various investigations and reports to compliance with NPDES permit requirements, including a Water Quality Demonstration Plan. b. Conversion of the existing combined/sanitary sewer map to ArcInfo format and provide CASSWORKS link to existing database. This item includes programming CASSWORKS update routines. 2 C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is as follows: Description Completion Date Permit Tasks 1 & 3 September 5, 2002 Permit Tasks 2,4,5, & 7 October 1, 2002 Permit Task 6 October 15, 2002 Map Conversion December 1, 2002 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 too, 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. 3 IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed at the rate of 2.6 times the direct hourly rate of personnel employed (as described on Attachment C) on this PROJECT, with the total fee not to exceed $73,000.00 regardless of the actual costs incurred or services provided by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 7%. Any such fees are included in the above referred amount of$73,000.00. C. The above described not to exceed fee includes reimbursables for printing and vehicle mileage estimated at $1,000.00 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 shall not be made until the task is completed and accepted by the DIRECTOR. a. CSO NPDES Permit Tasks $36,200.00 b. Map Conversion& Programming $36,800.00 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 under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 4 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 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 notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 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. 5 X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. 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 written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. e � 6 B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form 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 $500,000 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. 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. ' r 7 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 if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 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 8 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. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 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 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. 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; 9 F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 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 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: JOHN LOETE, 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. 111 W. Hurlbut Av. 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 ByAJZ-c...4,-,---,i-0By \O„s�.•• City Clerk City aha er ' (SEAL) For the ENGINEER: Dated this / day of4, z_7( , A.D., 2002. ATTE T: J BY L ,✓ ByAll ecre •ry l' Pry, ides / (SEAL) tO ,t June 2002 Std Agmt 11 Attachment A SCOPE OF SERVICES 2002 CSO NPDES COMPLIANCE PROJECT COMBINED/SANITARY SEWER MAP CONVERSION NPDES Permit Compliance 1. For Permit Special Condition # 1.4; assist City with preparation and documentation of a 24 hour Notification procedure. This item includes creation of report forms, reporting procedures and protocols, and coordination with Fox River Water Reclamation District as necessary. 2. For Permit Special Condition# 1.6; update and expand the City's existing Pollution Prevention Plan document to meet current IEPA requirements. This item includes meeting with City Staff; assembling documentation of current City public education programs, best management practices and scheduled maintenance activities; review current programs for permit compliance; assist City in developing a pollution monitoring plan, and prepare a Plan document for City submittal to IEPA. Upon review by IEPA, incorporate review comments and submit for approval. 3. For Permit Special Condition #1.7; confirm and document status of CSO's relative to sensitive uses. Prepare for City submittal to IEPA, documentation and justification that CSO's do or do not discharge to sensitive areas. Documentation may include pictures and detailed descriptions of outfall locations and adjacent uses. 4. For Permit Special Condition#1.8; review the City's existing 0 &M Plan, and discuss with City Operations Staff, prepare narrative descriptions, reports, or illustrations as necessary to update the Plan to reflect current activities. Prepare for City submittal to IEPA, either a statement of No Action or an updated Plan document. 5. For Permit Special Condition#1.9; discuss status of City Sewer Ordinance with Staff. We understand that the ordinance is current with all permit compliance issues. 6. For Permit Special Condition#1.10; prepare a Water Quality Demonstration Plan. This document will define the City's approach to monitoring its 12 CSO discharges for Clean Water Act and EPA Policy compliance, water quality standards, and Pollution Control Board Order#85-222 compliance. This Plan will likely define a stream and CSO discharge sampling and testing program for implementation by the City. This item includes coordination with Fox River Water Reclamation District and IEPA. 12 CE&A plans to subconsult for technical expertise on water quality monitoring protocols. Our approach to this project will be to formulate (together with the City of Elgin, FRWRD, and TEPA) a WQDP that is practical enough to implement, scientifically sound, and defensible with respect to the applicable federal and state guidance documents and the regulatory framework from which they were derived. a. Collect and Review Pertinent Existing Information We will review available information relevant to the project. The review will include: - previous correspondence, permit(s), and reports concerning Elgin's CSOs - federal and state CSO guidance reports and regulatory requirements - Elgin's CSO locations and other data on CSO discharges - availability of the historical and current data on the Fox River - existing studies and reports concerning receiving water impacts of Elgin's CSOs, including the study that led the IPCB to grant the City of Elgin a CSO variance. - published studies of evaluating CSO impacts in other cases b. Meet with IEPA and Other Stakeholders We understand that the TEPA wishes to be involved in drafting the Elgin WQDP, as this is going to be one of the first such plans in Illinois. It is currently unclear what planning and demonstration approaches will be acceptable to the Agency. Consequently, we expect to meet with the City and Agency staff(as well as other stakeholder groups as appropriate) several times during the project to discuss the draft WQDP in terms of issues including the following: - applicable water quality standards and receiving water uses - acceptable criteria for determining cause of/contribution to standard violation or use impairment, including water quality constituents and sampling locations, times, frequencies, durations, and events of concern - additional CSO and Fox River monitoring needs - acceptable approaches to data analyses and evaluations, modeling simplifications and assumptions, statistical significance/ exceedence/recurrence levels, temporal and spatial resolutions, mixing zones, etc. - manner of final outcome determination Specifically, we expect to attend the following meetings: - one (1) preliminary meeting with City staff to discuss concepts and approach, - one (1) meeting with City staff, and Fox River Water Reclamation District staff to coordinate presentation to IEPA. - two (2) meetings City staff, and the IEPA in Springfield, Illinois to discuss plan, 13 - one (1) meeting with City staff, and an environmental group(s) to present expected final plan, and - one(1) meeting to present the plan to the Elgin City Council c. Prepare the Planning Document The results of the above tasks will be summarized in the Water Quality Demonstration Plan. This document will: - provide the project background - review relevant existing information - outline the rationale for the selection of the procedure to determine the CSO impacts on violations of standards or impairments of uses - provide a monitoring protocol to satisfy any additional monitoring needs, including QA/QC requirements - discuss steps to be taken in processing the additional monitoring data - describe steps to be taken in quantifying the CSO impacts - outline how CSO impacts (or lack thereof) will be ascertained from the calculation/modeling results d. Provide Assistance with the Implementation of the Plan Following the approval of the WQDP by IEPA, we will assist the City with preparing a Request for Proposals for performing sampling/monitoring and laboratory work required in the plan and subsequently evaluating the proposals and make recommendations to the City for contracting. We anticipate the City will want assistance with oversight and review of the data generated by the monitoring program. We are willing to submit a proposal to perform such tasks after the scope of the monitoring plan is approved. 7. For Permit Special Condition #1.11; assist City with preparation and documentation of a DMR reporting procedure. This item includes reporting procedures and protocols, and coordination with Fox River Water Reclamation District as necessary. Combined/Sanitary Sewer Map Conversion Map File Conversion: 1. Export existing Bentley Microstation map files ( Sewer.dgn, and Basin.dgn) to ArcView V8 creating native ArcView drawings and shapefiles. 2. "Rubbersheet" new Arcview files to fit new parcel/street base map. The base map will be provided to CE&A by the City. The City will provide updates to reflect addition of new r • 14 streets or parcel subdivisions. This scope assumes that there are approximately 6300 existing combined/sanitary sewer manholes with connected sewer lines. This scope also assumes that the magnitude of relocation of individual manholes and sewers will require significant relocation of related text information. a. The expected tolerance for location of sewer system elements shall be the same as the existing map. That tolerance is; sewers that previously were located within street pavements will be located within pavements. Sewers that where previously indicated in easements or parkways will be located similarly. No greater level of accuracy will be expected than that previously provided by the Combined/Sanitary Sewer Map. 3. Add new combined/sanitary sewers to map installed (w/new subdivisions) since last map update in December 2000. Establish new manhole numbers in accordance with existing numbering system. Work Management System Tag Coordination: 1. Create shapefile tags so that the Cassworks work management system (thru Cassview) will recognize the converted map elements and allow functionality with graphical user interface in work management system. This task includes creating the shapefile database attribute table, and populating the table to include the manhole ID tags (STRUCT_1), and sewer ID tags (STRUCT_1 & STRUCT_2) and Pipe Diameter (required for map label). This scope does not include work to populate nor update the Cassworks database for existing sewers, we understand this work has been completed by others. 2. Add information to the Cassworks work management system for new sewers described in #3 above, to include the following: 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 Pipe and manhole materials of construction Construction date Sewer depth This work will be performed as follows: data will be assembled at CE&A offices in tabular format, and then data entry will be performed at the City directly into Cassworks by CE&A personnel. 15 Use existing data Code system for all information. City to provide copy of existing Codes in Cassworks. CE&A will assist City's Database Administrator with creating (in Cassworks) any new codes required. Deliverables: a. One set of map prints for quality control review. b. Upon completion of the project, deliver new ArcView shapefiles on CD and assist City's Database Administrator with loading and testing on the City's computer system. 3. Obtain programming services for routines to perform CASSWORKS database update routines. These routines will allow the updating of the CASSWORKS database thru the use of ArcInfo Shapefiles for storm sewers and combined/sanitary sewer inventory information. Condition assessment information is not included. City of Elgin 2002 CSO NPDES Compliance Program Attachement B • ID Task Name Jul'02 Aug'02 Sep'02 Oct'02 Nov'02 • Dec'02 • Jan'03 Feb'03 Mar'03 • Apr'03 May'03 Jun'03 Jul 1:13 Aug'03 1 NPDES Permit Compliance 2 24 hr. Notification Procedure _ 3 Pollution Prevention Plan Update _ 4 Sensitive Area Review _ 5 0&M Plan Update 6 Sewer Ordinance Review • 7 Water Quality Demo Plan _ 8 WQMP RFP _ 9 DMR Procedure 10 11 Map Conversion 12 Map File Conversion 13 WMS Tag Coordination Date:8/3/02 Task Page 1 A 17 Attachment C LABOR RATE SCHEDULE Personnel Direct Hourly Rate Dana Carroll $32.75 Cliff Woest $30.00 Mark Roland $16.05 Caryn Vicknair $12.35 Matt Coupar $10.00 Hourly rates are subject to change annually, in January, to reflect wage increases. I 4,1_ City of Elgin Agenda Item No. F. E L , 0 July 19, 2002 G � 1 +M fi 1 1 fl P TO: Mayor and Members of the CityCouncil T y FMIANCULLly sTAeLe crrY QONERNMEM EFFICIENT SERVICES, ADO DUALITY INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: 2002 Combined Sewer Overflow Permit Compliance Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of an exception to the procurement ordinance by authorizing an engineering services agreement for investigations, report development and mapping services needed to comply with the Combined Sewer Overflow (CSO) Permit held by the City. BACKGROUND Since May of 1995, the City of Elgin has held a National Pollutant Discharge Elimination System (NPDES) permit to operate the 13 combined sewer overflows to the Fox River. Since that time, an annual contract with a consulting engineer has been utilized to assist in the investigations, reports and map development work required under the permit . In October, 2001 the City was issued a new, updated permit for the next five years. This permit has a number of one time requirements during the first year, including the updating of the various reports and plans developed under the original permit and the creation of a new water quality demonstration plan. In addition to the work related to compliance with the new permit, there is a need for a re-formatting of the digital sanitary/combined sewer system map developed over the last six years. The work on the existing map was implemented before the establishment of the City' s GIS system. This resulted in the map being created on a different base (street) map and with a different software than that utilized by the current GIS system. In order to allow maximum utilization of the information contained on the map r it needs to be translated into the appropriate software and fitted onto the new base map. I 2002 Combined Sewer Overflow Permit Compliance Project July 19, 2002 Page 2 When reviewing the work scope outlined above, staff concluded that it would be most efficient and cost-effective to utilize Carroll Engineering and Associates (CEA) to accomplish the project . This conclusion was based on the following: 1 . CEA competed for and was awarded the CSO compliance contracts for the last five years. They successfully completed that work, including completing the application for the new permit and coordinating with Illinois EPA staff on its issuance. 2 . CEA developed and compiled the existing sanitary/combined storm map, including physically inspecting and inventorying the manholes in the system. They worked with staff to investigate the compatibility of the existing map with the GIS base map and software so that the work scope could be clearly defined. 3 . On January 9, 2002 the NPDES Phase II Storm Water Permit Project was awarded to Stanley Consultants and Carroll Engineering and Associates to assist the City in meeting the requirements of a new, but very similar, permitting program for the storm sewers that are not "combined" . As part of the scope of work for this project, CEA will be utilizing their experience from past CSO Compliance Project work to map the separate storm sewer system within the City' s GIS system. Because of the extensive experience with the City' s combined sewer system and related permit and because of the overlap in the work to map the sanitary sewers, combined sewers and storm sewers, it seemed very unlikely that any other consulting firm could compete against CEA' s qualifications for this project . CEA was approached to develop a scope of work and proposal for the project and staff recommends that a contract be awarded to them as an exception to the procurement ordinance. The negotiated fee for the project is $73, 000, which is in-line with the last contract which was $149, 626 for two years. A copy of the proposed engineering services agreement with CEA is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. k r 2002 Combined Sewer Overflow Permit Compliance Project July 19, 2002 Page 3 ft4INANCIAL IMPACT!ir .Funding for this project was budgeted in the sewer portion of the 1998 Bond Sale, Account Number 398-4200-795 . 92-41, (budgeted and available - $85, 000) "Distribution Systems" , Project Number 339644 in the amount of $85, 000 . There are sufficient funds to award the engineering services contract to Carroll Engineering and Associates for $73 , 000 . L AL IMPACT he agreement will require an exception to the procurement ordinance. ALTERNATIVES 1 . Grant the exception to the procurement ordinance and approve the engineering services contract as recommended. 2 . Reject the proposed engineering services contract and do a '' qualification based selection for a consultant . 3 . Reject the proposed engineering services contract and do not complete the project . RECOMMENDATION It is recommended that the City Council authorize the Interim City Manager to execute the engineering services agreement with Carroll Engineering and Associates, P.C. in the not-to-exceed amount of $73, 000 . Respectfully submitted, v Olufe i Folarin Interim City Manager JML:j ml Attachments r