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02-304 Resolution No. 02-304 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P.C. FOR A COMBINED SEWER SEPARATION STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, 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 a combined sewer separation study, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 11, 2002 Adopted: September 11, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • 0 AGREEMENT THIS AGREEMENT, made and entered into this 29th 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 Combined Sewer Separation Study (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. Review of previous separation studies, b. Evaluation of current combined sewer conditions for separation, c. Review of operations practices and consideration of alternative options to separation. 2 d. Preparation of a study report and report presentation to City Council. C. A detailed Scope of Services is attached hereto as Attachment A. H. PROGRESS REPORTS A. An outline project milestone schedule is as follows: Task Completion Date a. Review previous reports October 1, 2002 b. Outline Separation Plan Approach November 15, 2002 & Review w/ Staff c. Prepare Draft Report February 10, 2003 d Prepare and Present Final Report March 15, 2003 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 $121,000.00 regardless of the actual costs incurred and 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$121,000.00. C. The above referenced not to exceed fee includes reimbursables for printing and vehicle mileage estimated at $1,600.00. 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. Preliminary work and study evaluation $99,600.00 b. Draft Report $15,300.00 c. Final Report& Council Presentation $ 6,100.00 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 6 prorate, it shall be endorsed to be primary with respect to the CITY. 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. 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. XVH. 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 By By tit; ,_ ...:„...,...„... City Clerk City 4 .trager ' (SEAL) For the ENGINEER: Dated this( day of � - _4 , A.D., 2002. ATTES ,/, , / By ii_ - By _I.. /L_ , ecretary/ �'ident (SEAL) 0X June 2002 Std Agmt 11 Attachment A Scope of Services 1. Perform a project start up meeting with City Staff. Obtain copies of previous reports, plans and combined/sanitary/storm sewer system maps from the City, and finalize project schedule. The City will provide current aerial photography and overlay topography from its GIS system. 2.Review previous reports,plans and maps to determine applicability of previously defined separation or operational management concepts. Summarize previous report findings for reference in the Sewer Separation Plan. 3. Prepare a preliminary system separation Approach Plan. This plan will conceptually define methods of separation, or Best Management Practices to be evaluated, desirability of non-separation control practices, and define sewer areas that may require field investigation. CE&A will provide field observation personnel,the City will provide assistance with locating structures and opening sealed or buried manholes, and pipe televising if necessary. 4. Meet with City staff to discuss the above described Approach Plan and possible routing of new separated sewers. 5. Develop conceptual plans/options for each combined sewer watershed. a. Evaluate new storm sewer versus new sanitary sewer. b. For areas where separation does not appear to bee cost effective, examine alternative means to improve operation of the combined system and reduce backups. 1. Evaluate areas prone to flooding. 2. Evaluate methods/devices for preventing/minimizing backups and overflows. Consider stormwater detention options such as on street or chambered storage. 3. Identify typical costs of methods/devices. c. Categorize advantages and disadvantages of each watershed alternative. 6. Meet with City Staff and FRWRD to discuss proposed alternatives in each combined sewer watershed. Incorporate Staff comments into plan alternatives. 7. Prepare Draft Plan Report of Alternative Actions for the Combined Seer System. a. Present best solution for each watershed. Larger service area may be split up. Presentation will include schematic layout, sizing criteria, and recommended pipe sizing. b. Describe decision criteria for each watershed. c. Design issues to be resolved. d. Provide cost estimate of each solution and overall program cost. 1. Phase projects based upon an annual funding of$1.5 million. 8. Present draft plan to City staff for review and incorporate staff comments into plan. 9. Present final Study to City Council. a. Present recommendations for separation or remediation on watershed basis. CITY OF ELGIN COMBINED SEWER SEPARATION PLAN Attachment B Aug'02 Sep'02 Oct'02 Nov'02 D ID Task Name 8/11 8/18 8/25 9/1 9/8 I 9/15 9/22 9/29 10/6 10/13 10/20 10/27 11/3 11/10 11/17 11/24 12/1 12/8 1 Authorization to Proceed 2 Kickoff Meeting 3 Review Previous Reports 4 Separation Approach Plan 5 Meet w/City 6 7 Develop Plan Options: 8 Refine Watershed Limits 9 Field Verification/Survey 10 Evaluate Options 11 Prepare Layouts 12 13 Meet w/City 14 Prepare Draft Plan Report 15 Meet w/City 16 Prepare Final Plan Report 17 Present to City Council Date:8/12/02 Task Progress 1111111=MMIll Milestone Page 1'2— CITY OF ELGIN COMBINED SEWER SEPARATION PLAN Attachment B c'02 Jan'03 Feb'03 Mar'03 Apr'03 ID Task Name 12/15 12/22 12/29 1/5 1/12 1/19 1/26 2/2 2/9 2/16 2/23 3/2 3/9 3/16 3/23 _ 3/30 4/6 4/13 1 Authorization to Proceed 2 Kickoff Meeting 3 Review Previous Reports 4 Separation Approach Plan 5 Meet w/City 6 7 Develop Plan Options: 8 Refine Watershed Limits 9 Field Verification/Survey 10 Evaluate Options - .111nmv 11 Prepare Layouts 12 13 Meet w/City 14 Prepare Draft Plan Report 15 Meet w/City 16 Prepare Final Plan Report 17 Present to City Council Date:8/12/02 Task Progress Milestone . Page 23 • 14 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. ,�OFE�Ci '' 1b City of Elgin Agenda Item No. �' .� " ^ ,,� E 01d ��'I rr u\\,.-- \r. Li'147.:.. Via. G , , ;.. �i August 23 , 2002 I i0Ir N 40 ' FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, AND oRYINFRASTRUCTURE TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Combined Sewer Separation Study 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 engineering services agreement to study the feasibility and costs of separating the combined sewers in elw Elgin. BACKGROUND In 2001, the City renewed its interest in investigating expanding its efforts to separate the combined sewers still in its collection system following some localized backup problems during severe rain events . As a result, funds were budgeted to update the engineering analyses completed in the 1960 ' s and 1970 ' s. These studies had outlined projects to separate sewers throughout the entire system and had resulted in extremely high project cost estimates which were difficult to fund regardless of the benefit or desire to do so. Nevertheless, the City has made progress towards a separated system with limited projects on National Street, St . Charles Street and the Lincoln/Douglas area (for which a project design is funded and will be initiated this year) . New sewer rehabilitation and installation technology developed over the last twenty-five years has altered the unit costs and the feasibility of such work enough that an updated study is warranted. In addition to these changes, much experience has been gained in modifying combined sewer systems to improve their rw. functionality when separation is cost prohibitive. Combined Sewer Separation Study August 23, 2002 Page 2 Many examples exist of projects that utilize tunnels, reservoirs and even sections of neighborhood street pavements to hold combined sewer overflows until they can be allowed back into the system without causing basement backups . A scope of work was developed for the engineering services necessary to complete a study that will utilize existing sanitary sewer and storm atlases, plans, maps, combined sewer reports and the CSO action report (developed as a part of the CSO operating permit) to accomplish the following: 1 . Re-examine and update sewer separation alternatives included in the previous reports utilizing current technologies and adhering to current EPA requirements. Create a prioritized list of separation projects based on a combination of ease of construction and best cost-benefit. 2 . Examine system enhancement alternatives for all basins rm. within the system, especially for areas with a history of flooding and/or backups . Create a prioritized list of enhancement projects to improve system operation based on the most compatible terrain and best cost-benefit . 3 . Create an integrated list of recommended projects with related costs for each to utilize as a long term plan to improve system performance. This scope of work was incorporated into a Request for Proposal (RFP) , and five consulting firms were invited to submit proposals. They included Montgomery Watson Harza, Rersek Henry Meisenheimer and Gende, Camp Dresser and McKee, Carroll Engineering and Associates and URS . Only Carroll Engineering and Associates and Montgomery Watson Harza responded with proposals . A staff selection committee evaluation of the two proposals was conducted, which resulted in Carroll Engineering and Associates (CEA) being selected as the top rated firm. A copy of the results of the selection process is attached as Exhibit A. Upon selection, CEA met with staff to finalize the project scope and negotiate their fee . The final negotiated fee is $121, 000 . • Combined Sewer Separation Study August 23, 2002 Page 3 A copy of the proposed engineering services agreement with CEA is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Funding for this project was originally budgeted in 2001, the Sewer portion of the 2001 Bond Sale, account number 381-4200- 795 . 92-41, project number 339640 in the amount of $125, 000 . The consultant fee is $121, 000 . There are sufficient funds available to award the engineering services contract . No funds currently exist in the 2002-2006 Financial Plan to implement any of the recommended projects suggested by the study. EGAL IMPACT em. None. ALTERNATIVES 1 . Reject the engineering services contract . 2 . Accept the engineering services contract . RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the engineering services agreement with Carroll Engineering and Associates, P.C. in the not-to-exceed amount of $121, 000 . Respectfully submitted, Olufemi Fo ��in Interi Cit er r JE:do Attachments EXHIBIT A SELECTION RESULTS { r QUALI RCATIONS RATING SHEET Combined Sewer Separation Study CONSULTANTS Montgomery Watson Harza Carroll Engineering Joe Steve Haresh John Allen Joe S(eve Hanish John Men WEIGHT Evers Pertzborn Modi Loete Graff Evers Pertzborn Modi Loete Graff 0-20 18 17 15 20 20 17 15 14 18 20 0-20 12 17 12 20 15 15 17 15 20 20 r 0-20 17 16 18 20 15 15 15 12 15 20 0-25 15 20 14 20 15 20 18 22 25 20 0-5 5 3 4 5 4 5 1 3 5 5 0-10 5 3 3 2 6 8 7 9 10 10 TOTALS 0-100 72 76 66 87 75 80 73 75 93 95 r , AVERAGE SCORE SHEET Combined Sewer Separation Study CONSULTANTS Montgomery Watson Harza Carroll Engineering SELECTION TEAM Joe Evers 3 5 Steve Pertzbom 3 5 Haresh Modi 5 3 John Loete 3 5 Allen Graff 3 5 TOTAL SCORE 17.00 23.00 0.00 rk AVERAGE SCORE 3.40 4.60 0.00 Notes: Assign Scores based on the following formula: (5-Highest, 3-Second, 1-Third)