09-216 Resolution No. 09-216
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT
WITH CARROLL ENGINEERING & ASSOCIATES, P.C.
FOR 2006-2010 COMBINED SEWER PERMIT COMPLIANCE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a second amendment agreement on behalf of the City of Elgin with Carroll
Engineering&Associates, P.C. for the 2006-2010 Combined Sewer Permit Compliance Project, a
copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 14, 2009
Adopted: October 14, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SECOND AMENDMENT AGREEMENT
THIS SECOND AMENDMENT AGREEMENT is hereby made and entered into this / ay
of , 2009, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City") and Carroll Engineering & Associates, P.C., an Illinois
professional service corporation(hereinafter referred to as"Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
August 9,2006,wherein the City engaged the Engineer to furnish certain professional services in
connection with the 2006 CSO NPDES Permit Compliance Project(hereinafter referred to as the
"Subject Agreement"); and
WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006
through calendar year 2011;and
WHEREAS,Attachment A to the Subject Agreement provided for a detailed Scope of Services
to the services outlined in Section 1B of the Subject Agreement to be repeated or each of the
calendar years and the parties now desire to further amend the Subject Agreement by adding a
new Scope of Services for the 2009 calendar year; and
WHEREAS, Attachment 13 to the Subject Agreement provided a detailed Project Schedule only
for the year 2006;and
WHEREAS, the City and Engineer entered into an Amendment Agreement dated August 30,
2007, which amended the Subject Agreement by providing a detailed Project Schedule for the
year 2007; and
WHEREAS,the parties now desire to further amend the Subject Agreement by adding a Project
Schedule for 2009.
NOW, THEREFORE, in consideration of the mutual undertakings as set forth in the Subject
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties hereto hereby agree as follows:
1. Section IC of the Subject Agreement is hereby amended by adding the following to the
end thereof: "The Engineer shall also perform in calendar year 2009 the additional
services as set forth in the detailed Scope of Services attached and incorporated herein as
Attachment A-2."
2. Section IIB of the Subject Agreement is hereby further amended by adding the following
to the end thereof: "A detailed Project Schedule for calendar year 2009 for the Project is
attached hereto as Attachment B-2.
3. Section WC of the Subject Agreement is hereby amended by deleting a fee for calendar
year 2008 and revising the fee for calendar year 2009 to$150,000.
4. The changes provided to the Subject Agreement as provided in this Second Amendment
Agreement are germane to the original contract as signed and this Second Amendment
Agreement is in the best interests of the City of Elgin and is authorized by law.
5. That except as amended in this Second Amendment Agreement and in the Amendment
Agreement dated August 30, 2007, the Subject Agreement shall remain in full force and
effect.
6. That in the event of any conflict between the terms of the Subject Agreement as amended
by the Amendment Agreement dated August 30, 2007 and the provisions of this Second
Amendment Agreement,the provisions of this Second Amendment shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Second
Amendment Agreement as of the date and year first written above.
CITY OF ELGIN CARROLL ENGINEERING AND
ASSOCIATES,P.C.
By ��s Q By r
ity Manager
Attest: Attest:
City Clerk I !.
F:V,egal Dept\AgreementlCano11 Engineering-Second Amendment Agr.docx
2
•
2009 SCOPE OF SERVICES ATTACHMENT A-2
The scope of services to be provided for the addendum to contract year 2009 shall be as follows:
Original Attachment A objectives
1. Permit Application Assistance and Compliance
a. This task has been completed;follow-up will be continued as discussed in Item 6.
b. This task has been completed.
c. This task has been completed.
d. This task is ongoing in connection with the development of the Long Term
Control Plan and is further discussed in Item 6.
e. This tack has been completed.
2. Manhole Inspection
a. This task has been completed;follow-up will be continued and discussed in Item
6_
b. This task has been completed;follow-up will be continued and discussed in Item
6.
3. Sewer System Man Maintenance
a. This item is ongoing and is continued through this addendum.
b. This item is ongoing and is continued through this addendum.
4. MMS Data Base Maintenance
a. This item is ongoing and is continued through this addendum.
b. This item is ongoing and is continued through this addendum.
c. This item is ongoing and is continued through this addendum.
5. General Mapping Services
a. This item is ongoing and is continued through this addendum.
6. Additional Items to be Added to Contract
a. Coordinate with the IEPA as the City's representative on any update required to
previously submitted plans and studies and as outlined in Item la and Id in this
Attachment A.
b. Prepare a Long Term Control Plan to be submitted to the TEPA for permit
compliance. Draft to be sent to TEPA in October.
c. Attend meetings with the City and the TEPA as required to remain in permit
compliance. 10 meetings have been appropriated for this task.
d. Continue manhole inspections as required in the original contract under Item 2a in
Attachment A. Approximately 1500 manholes are to be inspected during the
2009 addendum period.
e. Continue mapping as required in the original contract under Item 2b in this
Attachment A and Item 1d in Attachment A-1
7. Design Services to be Provided by Engineer
a. Demonstrate that the first flush flow is being treated and design a floatable
removal system to be implemented.
b. Work with the City to provide website design ideas and information to be
uploaded to the site concerning the City's CSO's.
c. Work with the City to improve the existing DMR procedures.
d. Develop a SCADA system to be implemented ntili7ing camera and weather
station technology as discussed during the July 13th 2009 meeting. The design is
to be developed in association with Elan Technologies Inc. and then presented to
the City. This design is to include provisions for attachment to flowmeters in
order to monitor dry and wet weather flows. This is to include the design work
only.
e. The Engineer in association with Elan Technologies is to provide monitoring of
dry and wet weather flows of specified outlets by flow monitors. Flow monitors
are to be provided by the City.
Mega'Dept1AgreementWaroll Engineering Amendment-NEVES compiiance.doc
ELGIN CSO - 2009 Activities
jril 2009 May 2009 June 2009 I July 2009 August 2009 I September 2009
ID Task Name 29 1 51 12 1 19 266 3 110 117 1 24 131 J 7 1 14J 21 1 28 1 5 112 1 19 12611 2 J 9 116 1 23 130 1 6 113 1 20
1 1.Permit Application&Compl. 4 411
2 Review Plan of Study Comments •
P.
N.
ei
3 Revise Plan of Study
4 Resubmit Plan of Study
5 Develop Long Term Control Plan
6 SCADA Component of LTCP
7 Initial Submittal of LTCP
8 City Review of LTCP
9 Revise LTCP
10 FINAL Submittal of LTCP
11
It
12 2.Manhole Inspections
13 Manhole Inspections 2009
14 Update Map&Database 2009
15
18 3.Sewer Sytem Map Maint.
17
18 4.MMS Database Maintenance
41
19
20 5.General Mapping Serv.
21 •
22 Completion of 2009 CSO Tasks
Project:2008 CSO NPDES Permit Task Progress 11111111111111111111111111111111 Milestone .
Compliance Project
Date:8/31/09
Page 1 ATTACHMENT 9-2
ELGIN CSO - 2009 Activities •
1 October 2009 November 2009 1 December 2009 1 January 2010 February 2010March 2010
ID Teak Name 27 14 1 11 1 18 125 — 1 18 115 221 129 I 6 113 120 127 I 3 110 17 124 131 17 114 J 21 128 17 114 121
1 1.Permit Application&Compi.
2 Review Plan of Study Comments
3 Revise Plan of Study
4 Resubmit Plan of Study • 10130
6 Develop Long Term Control Plan Mot
6 SCADA Component of LTCP
111111 1
7 Initial Submittal of LTCP 10116
8 City Review of LTCP
9 Revise LTCP
10 FINAL Submittal of LTCP ♦. 10130
11
12 2.Manhole Inspections
13 Manhole inspections 2009 1111111111111111111111111111.11111111.1
14 Update Map&Database 2009
15
16 3.Sewer Sytem Map Maint.
17
18 4.MMS Database Maintenance —_
19
20 5.General Mapping Serv.
21
22 Completion of 2009 CSO Tasks
12131
Project;2006 CSO NPDES Permit Task Progress 1111111111111111111111111111M Milestone •
Compliance Project
Date:8131109
Page 2 ATTACHMENT B-2
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OF t-4
, Agenda Item No. Co
City of Elgin
�4ra rEo FFe
September 17, 2009
TO: Mayor and Members of the City Council ' gid,
,
f
i
FROM: Sean R. Stegall, City Managerefe..a. icJO �.� t��,ciatiyGovernmrlit stable
Joseph Evers, City Engineer City
SUBJECT: Second Amendment to Engineering Services Agreement with Carroll Engineering
for 2006-2010 Combined Sewer Overflow National Pollution Discharge
Elimination System Permit Compliance
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the approval of a second amendment to an agreement with Carroll
Engineering and Associates to provide engineering services for the multi-year Combined Sewer
Overflow National Pollution Discharge Elimination System Permit Compliance Project.
RECOMMENDATION
It is recommended that the City Council approve the subject agreement with Carroll Engineering
and Associates in the not-to-exceed amount of $150,000 and authorize staff to execute the
necessary documents.
BACKGROUND
The City of Elgin has had a National Pollution Discharge Elimination System (NPDES) permit
from the State of Illinois Environmental Protection Agency (IEPA) for the operation of the
combined (sanitary and storm water) sewer system since the mid 1990's. The NPDES permit
program is mandated by federal and state law. The City's current permit was issued in January
2007.
In August 2006, the City entered into a six year agreement with Carroll Engineering and
Associates of Belvidere, Illinois. The original agreement included efforts to obtain the five year
permit from the IEPA and then to maintain the programs listed in the permit. In the July 7, 2006
memorandum to City Council, staff identified a handful of documents the IEPA was likely to
require during the six year agreement. That memorandum discussed the additional effort to
develop the documents that would have to be added to the agreement by an amendment similar
to the attached. In August of 2007, an amendment was approved that added a schedule only as
the costs and engineering efforts were identified in the original agreement.
Second Amendment with Carroll Engineering for CSO-NPDES Permit Compliance
September 17, 2009
Page 2
The attached amendment changes the schedule, costs and engineering effort found in the original
agreement and amendment number one. One of the documents mentioned in the Council
memorandum of August 2006, the Long Term Control Plan (LTCP), is now required by the
IEPA although the format and content of this LTCP has not been fully defined by the IEPA.
Apparently the requirements of the LTCP depend on the community and the extent of their
combined sewer system.
In the summer of 2008, the IEPA contacted the City inquiring about a Plan of Study (POS).
Apparently the POS was intended to begin defining and outlining the requirements of Elgin's
LTCP. Essentially, the POS was a document required by the IEPA to outline the City's intent
for long term managing of its combined sewer system. During the 2008 discussions, staff
mentioned the City's 2004 Combined Sewer Separation Plan to the IEPA to which they
suggested that this be renamed and submitted as the POS. This was done in August of 2008 and
by the summer of 2009, the IEPA provided comments regarding the POS. Their comments
included adding more efforts for the removal of floatable material, minimizing overflows where
possible and providing evidence of financial ability to satisfy the POS. Because the IEPA has
not defined what has to be in the LTCP, the information added to the POS may have to be
expanded above and beyond what the staff already knows must be added.
Besides the LTCP, the United States Environmental Protection Agency (USEPA) and the IEPA
wanted to see Elgin improve on documenting and monitoring of overflows. To meet the wishes
of the EPA, staff requested that the engineer include a Supervisory Control and Data Acquisition
System (SCADA) design in their amendment. This design will provide the City with the ability
to have devices installed in each of the major overflow chambers that will collect vital
information when an overflow occurs without the hazards of having personnel enter the sewers
when operating at or near capacity. The information is more detailed and specific than a visual
observation and will assist in the daily inspection of lift stations.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
/t ,,, FINANCIAL IMPACT
The cost of this amendment with Carroll Engineering for 2009 is Fundingfor g $150,000. this
agreement is budgeted in the sewer portion of the various General Obligation Bond Funds as
follows:
Second Amendment with Carroll Engineering for CSO-NPDES Permit Compliance
rib' September 17, 2009
Page 3
2008 CSO Compliance
Project No. 339933 Acct No. 366-4200-795.93-41 $ 958
380-4200-795.93-41 $ 60,000
381-4200-795.93-41 $ 78,000
383-4200-795.93-41 $ 7,042
396-4200-795.93-41 $ 9,000
$155,000
2009 CSO Compliance
Project No. 339946 Acct No. 383-4200-795.93-41 $ 15,000
384-4200-795.93-41 $ 40,000
$ 55,000
There are sufficient funds available within project number 339933 ($140,520) and project
number 339946 ($55,000)to pay for the proposed amendment.
Fees expended for CSO Compliance through 2008 totaled $121,305. There is $155,000 budgeted
each year through the 5 Year Financial Plan for this initiative with $26,100 and $6,265 currently
designated for spending in 2010 and 2011 respectively. It is more than likely the IEPA will
require additional engineering efforts thereby increasing the already earmarked costs in 2010 and
in 2011.
GAL IMPACT
WW/i4None
ALTERNATIVES
1. The City Council may choose to approve the agreement with Carroll Engineering and
Associates in the not-to-exceed amount of$150,000.
2. The City Council may choose to reject the agreement and attempt to comply with the
permit requirements within house staff
Respectfully submitted for Council consideration.
/je
Attachment
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<4OFf4C
�� 41, City of Elgin
I h Memorandum
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Pn�k,TCDFE*
Date: October 21, 2009
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-216, Adopted at the October 14. 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Second Amendment Agreement with Carroll Engineering & Associates, P.C. for
2006-2010 Combined Sewer Permit Compliance Project