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10-106 Resolution No. 10-106 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, INC. (2006 Combined Sewer Overflow National Pollution Discharge Elimination System 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 third amendment agreement with Carroll Engineering & Associates, Inc. on behalf of the City of Elgin for the 2006 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT is hereby made and entered into this 26tklay of May, 2010, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Carroll Engineering & Associates, Inc., 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 "Subject Agreement" and the"Project",respectively);and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011;and WHEREAS, the Subject Agreement provides a detailed Project Schedule only for the years 2006, 2007, and 2009 and the parties now desire to amend the Subject Agreement by adding a Project Schedule for 2010. The 2010 Project Schedule is referenced as Attachment B-3 in this agreement. Attachment A-3 referenced in this agreement outlines the additional items covered for 2010 at a fee of$144,000. Elan Technologies,previously intended to be part of this contract,will provide a bill for the work done to date on the SCADA(supervisory control and data acquisition)project requested by the City separate from this agreement. NOW, THEREFORE, for and 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 are hereby acknowledged,the parties hereto agree to amend the Subject Agreement as follows: 1. Section IIB of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed outline for calendar year 2010 for the Project is attached hereto as Attachment A-3 and A-4. 2. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 3. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement,the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL ENGINEERING AND ASSOCIATES, Inc. By: ee•fid By: J .� -ger President Attest: Attest: Lew.a ..?)cig4teirs.4.41 City Clerk eretary F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance.doc ,0 OF F( 'i City of Elgin Agenda Item No. ri'11 D F tp , • ti May 6, 2010 • i s TO: Mayor and Members of the City Council FROM: ` i& AA - wa1> ialiy Stable "& City Kyla B. Jacobsen, Water Director ' 1 Cove; 11(1/1 SUBJECT: Third Amendment to Engineering Services Agreement 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 third 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. ("b. RECOMMENDATION It is recommended that the City Council approve a third amendment to an agreement with Carroll Engineering and Associates in the not-to-exceed amount of$144,000 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. Third Amendment for Combined Sewer Overflow NPDES Permit Compliance May 6, 2010 Page 2 The attached amendment changes the schedule, costs and engineering effort found in the original agreement and amendment numbers one and two. One of the documents mentioned in the Council memorandum of August 2006 is the Long Term Control Plan (LTCP), which was submitted to the IEPA in November 2009. The IEPA has not commented on the LTCP and the schedule therein. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. j14,4FINANCIAL IMPACT The cost of this amendment with Carroll Engineering for 2010 is $144,000. Funding for this agreement is budgeted in the sewer portion of the various General Obligation Bond Funds (Project number 339946) as follows: Account Number Budget Available 365-4200-795.93-41 $100,000 $100,000 383-4200-795.93-41 15,000 5,520 384-4200-795.93-41 40,000 40,000 Total $150,000 $145,520 Fees expended for Combined Sewer Overflow Compliance through 2009 total $264,325. There is $155,000 budgeted each year through the 2010-2014 Five Year Financial Plan. /EGAL IMPACT ov None. ALTERNATIVES 1. The City Council may choose to approve the third amendment to the agreement with Carroll Engineering and Associates in the not-to-exceed amount of$144,000. 2. The City Council may choose to reject the third amendment to the agreement and attempt to comply with the permit requirements within house staff. Respectfully submitted for Council consideration. KBJ Attachments THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT is hereby made and entered into this _ day of May, 2010, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Carroll Engineering & Associates, Inc., 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 "Subject Agreement" and the"Project",respectively); and WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through calendar year 2011; and WHEREAS, the Subject Agreement provides a detailed Project Schedule only for the years 2006, 2007, and 2009 and the parties now desire to amend the Subject Agreement by adding a Project Schedule for 2010. The 2010 Project Schedule is referenced as Attachment B-3 in this agreement. Attachment A-3 referenced in this agreement outlines the additional items covered for 2010 at a fee of$144,000. Elan Technologies, previously intended to be part of this contract, will provide a bill for the work done to date on the SCADA (supervisory control and data acquisition) project requested by the City separate from this agreement. NOW, THEREFORE, for and 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 are hereby acknowledged,the parties hereto agree to amend the Subject Agreement as follows: 1. Section IIB of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed outline for calendar year 2010 for the Project is attached hereto as Attachment A-3 and A-4. 2. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 3. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement,the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CARROLL ENGINEERING AND ASSOCIATES, Inc. By: By: City Manager President Attest: Attest: City Clerk Its Secretary F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance.doc 2010 SCOPE OF SERVICES ATTACHMENT A-3 • The scope of services to be provided for the addendum to contract year 2010 shall be as follows: Original Attachment-A objectives 1. Permit Application Assistance and Compliance411) a. This task has been completed; follow-up will be continued as discussed in Item 1. 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 1. e. This task has been completed. 2. Manhole Inspection a. This task has been completed; follow-up will be continued and discussed in Item 1. b. This task has been completed; follow-up will be continued and discussed in Item 1. 3. Sewer System Map 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. Attachment A-2 Objectives from the 2009 Amendment 1. 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 1 a and 1 d in this Attachment A. b. Prepare a Long Term Control Plan to be submitted to the IEPA for permit compliance. Draft to be sent to IEPA in October. c. Attend meetings with the City and the IEPA 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 1 d in Attachment A-1 2. 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 utilizing 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. Attachment A-3 Objectives for the 2010 Amendment 1. Additional items to be Added to the Contract a. Manhole Inspections i. Continue manhole inspections as required in the original contract under Item 2a in Attachment A. Approximately 1500 manholes are to be inspected during the 2010 addendum period. ii. A photo of the inside of the manhole will be taken during inspections. b. Sewer System Map Maintenance iii. Continue map updates as required in the original contract under Item 3a in Attachment A. iv. Map Sanitary Services from As Built plans received from the City. c. MMS Data Base Maintenance i. Continue database updates as required in the original contract under Item 4a in Attachment A. ii. Additional information will be entered into the system as follows: 1. X and Y coordinates for all point shape files 2. Inspection Status for manholes 3. Defect Rating for inspected manholes 4. RIM and INV from As Built Plans for manholes 5. Upstream INV and Downstream INV from As Built Plans for pipes 6. Grid Location per Water Grid for all point shape files 7. Pin Number, Diameter, Wye location, Property line location, Material, Length, Depth, Invert, Waste Flow from As Built Plans for Sanitary Services 8. Refine the Overall Condition Rating from manhole inspections by only including the Ring, Wall and Cone of the manhole 9. Inspection Photos iii. Additional columns added to shape files are as follows: 1. An acceptance column 2. An IEPA Permit number column 3. A Lined column for lined manholes and pipes This information will be entered into the system at a future date. d. SCADA implementation will be according to Attachment A-4 from Elan Technology outlining scope and cost of services. r F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance.doc ELGIN CSO - Activities Completed under the 2010 Amendment 2010 October 2010 November 2010 December 2010 January 2011 February 2011 Ma ID Task Name 19 1 26 3 10 17 j 24 r 31 _1 7 14 21 28 5 12 j 19 j 26 2 9 16 23 30 6 _ 13 20 _1 27 6 1 1. Permit Application&Compliance 2 Receive&Review Comments from IEPA 3 Coordinate with IEPA Representative 4 Revise Long Term Control Plan(LTCP) 5 City Review of Revised LTCP • 6 Final Submittal of Revised LTCP 7 2.Manhole Inspections • 8 Manhole Inspections 2010 9 Summary of Critical Manhole Defects 10 3.Sewer Sytem Map Maint. 11 4.MMS Database Maintenance 12 Update MH Information into Database 13 Include MH Inspection Photo into Database 14 5.General Mapping Serv. 15 6.SCADA Element of CSO Plan 16 Finalization of SCADA Design 17 City Review 18 Revision of SCADA Design 19 SCADA Implementation 20 • 21 'Completion o 2009 CSO Tasks ilif • 12/31 Project: 2006 to 2011 CSO NPDES Task �,> Progress NIMMI Milestone • Permit Compliance Project Date: 3/31/10 je 2 AT— HMENT B-3 "") ELGIN CSO - Activities Completed under the 2010 Amendment April 2010 May 2010 June 2010 July 2010 August 2010 Septembe ID Task Name 28 4 I 11 18 25 2 ( 9 I 16 f 23 1 30 6 1 13 120 127 4 11 18 125 1 I. 8 ( 15 122 129 5 12 1 1.Permit Application&Compliance * 411 2 Receive&Review Comments from TEPA 3 Coordinate with TEPA Representative • 4 Revise Long Term Control Plan(LTCP) 5 City Review of Revised LTCP 6 Final Submittal of Revised LTCP : 7/1 7 2.Manhole Inspections ♦ 4/15 • 8 Manhole Inspections 2010 9 Summary of Critical Manhole Defects 10 3.Sewer Sytem Map Maint. 11 4.MMS Database Maintenance * 4/1 12 Update MH Information into Database • 13 Include MH Inspection Photo into Database 14 5.General Mapping Serv. 15 6.SCADA Element of CSO Plan ♦ 4/15 16 Finalization of SCADA Design • 17 City Review 18 Revision of SCADA Design 19 SCADA Implementation 20 - --- 21 Completion of 2009 CSO Tasks • Project: 2006 to 2011 CSO NPDES Task ✓ Progress Milestone • Permit Compliance Project Date: 3/31/10 Page 1 ATTACHMENT B-3 c.