11-148 • r
Resolution No. 11-148
RESOLUTION
AUTHORIZING EXECUTION OF FOURTH AMENDMENT AGREEMENT WITH
R.K. JOHNSON & ASSOCIATES, INC. D/B/A CARROLL
ENGINEERING &ASSOCIATES IN CONNECTION
WITH THE 2006 CSO NPDES PERMIT COMPLIANCE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute Fourth Amendment Agreement with R.K. Johnson & Associates, Inc. d/b/a
Carroll Engineering & Associates on behalf of the City of Elgin in connection with the 2006 CSO
NPDES Permit Compliance Project, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 24, 2011
Adopted: August 24, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
. a
FOURTH AMENDMENT AGREEMENT
THIS FOURTH AMENDMENT AGREEMENT is hereby made and entered into this
24th day of August , 2011, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as "City"), and R.K. Johnson & Associates, Inc., an Illinois
professional corporation d/b/a Carroll Engineering & Associates (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"); and
WHEREAS, the term of the Subject Agreement provides for services from calendar year
2006 through calendar year 2011; and
WHEREAS, the Subject Agreement provided a detailed Project Schedule only for the
year 2006; and
WHEREAS, the parties have previously entered into a First Amendment Agreement in
2007 providing for a Project Schedule in 2007; and
WHEREAS, the parties hereto have previously entered into a Second Amendment dated
October 14, 2009 providing for a Project Schedule for 2009; and
WHEREAS, the parties hereto have previously entered into a Third Amendment in 2010
providing for a Project Schedule for 2010; and
WHEREAS, the parties hereto now desire to further amend the Subject Agreement by
adding a Project Schedule for 2011
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 is hereby acknowledged, the parties hereto 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 the calendar year 2011 the additional
services set forth in the detailed Scope of Services attached hereto and incorporated herein as
Attachment A-5."
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 2011 for the Project
is attached hereto as Attachment B".
3. Section IVC of the Subject Agreement is hereby further amended by amending
the previously listed fee for 2011 of$6,265.00"to read "$94,000.00".
4. The changes provided to the Subject Agreement as provided in this Fourth
Amendment Agreement are germane to the original contract as signed and this Fourth
Amendment Agreement is in the best interests of the City of Elgin and is authorized by law.
5. That except as amended in this Fourth Amendment Agreement the Subject
Agreement, as previously amended, shall remain in full force and effect.
6. That in the event of any conflict between the terms of the Subject Agreement, as
previously amended, and the provisions in this Fourth Amendment Agreement, the provisions of
this Fourth Amendment Agreement shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Fourth
Amendment Agreement as of the date and year first written above.
CITY OF ELGIN R.K. JOHNSON &ASSOCIATES, INC.
d/b/a CARROLL ENGINEERING &
ASSOCIATES
BY ._% ter 4By 9'�'°-� .0 /°. E4(,4
ity Manager Its MCI/D EAv T
Attest: Attest:
City Clerk Its Secretary
F:\Legal Dept\Agreement\Carroll Engineering-Fourth Amendment Agr.docx
-2 -
CITY
2006 CSO PERMIT COMPLIANCE PROJECT
2011 SCOPE OF SERVICES ATTACHMENT A-5
The scope of services to be provided for the addendum to contract year 2011 shall be defined as
follows:
ORIGINAL 2006 CSO NPDES PERMIT COMPLIANCE PROJECT OBJECTIVES
1. Permit Application Assistance and Compliance
a. This task has been completed; follow-up will continue as discussed in Item 9
b. This task has been completed
c. This task has been completed; follow-up will continue as requested by the City
d. This task is ongoing in connection with the finalization of the Long Term Control Plan
and the submittal to renew NPDES permit which expires on February 29, 2012
e. This task has been completed; follow-up will continue as requested by the City
2. Manhole Inspection
a. This task has been completed; follow-up will continue as discussed in Item 9
b. This task has been completed; follow-up will continue as discussed in Item 9
3. Sewer System Map Maintenance
a. This task has been completed.
b. This task has been completed.
4. MMS Data Base Maintenance
a. This task has been completed
b. This task has been completed.
c. This task is has been completed and is continued/revised in this addendum as discussed
in Item 9
5. General Mapping Services
a. This task has been completed as requested by the City.
NOTE: There was no supplemental Scope of Services for the CSO Project for the calendar years of
2007 and 2008. The First Amendment Agreement was based solely on the submittal of a Project
Schedule for 2007. No Amendment Agreement of any kind was completed for the calendar year of
2008.
SUPPLEMENTAL OBJECTIVES FROM 2009 AMENDMENT
(Second Amendment)
6. Additional Items Added in 2009
a. This task is ongoing and is continued through this addendum as discussed in Item 9
b. This task has been completed; follow-up will continue as discussed in Item 9
c. This task is ongoing and is continued through this addendum as discussed in Item 9
d. This task has been completed
e. This task has been completed
Attachment A-5
7. Additional Design Services Added in 2009
a. This task has been revised as discussed in Item 9
b. This task has been completed; follow-up will continue as discussed by the City
c. This task has been completed, follow-up will continue as discussed by the City
d. This task has been revised as discussed in Item 9
e. This task has been revised as discussed in Item 9
SUPPLEMENTAL OBJECTIVES FROM 2010 AMENDMENT
(Third Amendment)
8. Additional Items Added in 2010
a. (Item i & ii) This task has been completed
b. This task has been completed and is continued/revised through this addendum as
described in Item 9
c. This task has been completed and is continued/revised in this addendum as discussed
in Item 9
SUPPLEMENTAL OBJECTIVE INCORPORATED INTO THE 2011 AMENDMENT
(Fourth Amendment)
9. Additional Items to be Added/Revised in 2011
a. Permit Assistance and Compliance
i. Continue coordination with the IEPA as the City's Representative for all permit
and compliance submittals
ii. Finalize Long Term Control Plan. The LTCP will include provisions to
implement a monitoring system for floatables to be used in the development of
a first flush treatment plan. The first flush treatment design will not be
completed under the 2011 Amendment.
iii. Prepare and submit NPDES Permit Renewal
iv. Update and maintain the CSO filing system as requested by the City
b. Manhole Inspection
i. Continue manhole inspections as outlined in the original contract under Item
2a. Approximately 1500 manholes are to be inspected during the 2011
addendum period. Inspections will continue to serve as verifications of map
layout, manhole location and line connectivity.
ii. In instances where the inspections do not confirm the manhole layout, location
or line connectivity,the map shall be altered via "red-line" mark-ups. The
maps shall be neatly organized and delivered to the City for use in the map
updates completed under a separate project.
iii. Photographs of the manholes (as added in the 2010 Scope of Services) shall
continue to be taken and saved in electronic format for delivery to the City
iv. All condition data shall continue to be recorded as outlined in the 2010 Scope
of Services. In lieu of entry directly into the MMS database, condition data
shall be entered and saved in a software acceptable to the City (Excel or
ArcPad). At quarterly intervals, the electronic files will be delivered to the City
for use in the map updates completed under a separate project.
Attachment A-5
r r
c. Sewer System Map Maintenance
i. Map sanitary sewer services from Record Drawings already forwarded by the
City. No additional sanitary service mapping is included in the Amendment
ii. Conduct final map update to include all sanitary sewer service mapped under
this Amendment.
d. MMS Database Updates
i. Update database to include information for sewer services shown in Record
Drawings already forwarded by the City. No additional database updates are
included in this Amendment.
ii. Conduct final update to system database to include all sanitary sewer service
information entered under this Amendment.
Attachment A-5
10
•
I
I
ELGIN CSO - Activities Completed under the 2011 Amendment
July 2011 Au ust 2011 1 September 2011 October 2011 November 2011
ID Task Name Duration 10 117 1 24 31 I 7 114 T 21 128 1 4 I 11 1 18 I 25 1 2 I 9 116 123 1 30 1 6 I 13 I 20 1 27
1 1.Permit Application&Compliance Od 8/1 i
2 Review IEPA comments from LTCP submittal' 6d
3 Finalize Long Term Control Plan(LTCP)* 36d
N.
4 Prepare&Submit Revised LTCP* 19d
5 Complete NPDES Permit Renewal-Draft 11d
6 City Review of NPDES Permit Renewal 6d 11111 '
7 Prepare&Submit NPDES Permit Renewal 5d ♦ 8/24 '
8 Review IEPA Comments from Permit Renewal* 3d '
9 Final Revision&Submittal of NPDES Permit Renewal 8d :
10 2.Manhole Inspections 1d . 8/1
11 Manhole Inspections 2011 133d -
12 Enter MH information into local database 138d
13 Save MH photos in local database 133d •
14 Summary of Critical Manhole Defects 103d
15 Final submittal of database&manhole info. 4d
16 3.Sewer Sytem Map Maint. 1d + 8/1
17 Enter sanitary service info.into City map 89d 1 • `i
18 Conduct final update of City map 10d
19 4.MMS Database Maintenance 1d . 8/1 - LLL
20 Enter sanitary service info.into database 89d
21 Conduct final update of City database 10d - .•
22 5.Completion of 2011 CSO Tasks 1d
Project:2006 to 2011 CSO NPDES Task !' Progress Milestone •
Permit Compliance Project
Date:8/10/11
*Task will not be applicable if no response from TEPA is received Page 1 ATTACHMENT B
-
ELGIN CSO - Activities Completed under the 2011 Amendment
December 2011 January 2012 I February 2012 March 2012 April 2012 M
ID Task Name 4 11 18 1 25 1 I. 8 15 122 J 29 I 5 12 [ 19 1 26 [ 4 r 11 1 18 25 1 8 I 15 22 [ 29 I 6
1 1.Permit Application&Compliance
2 Review IEPA comments from LTCP submittal*
3 Finalize Long Term Control Plan(LTCP)*
4 Prepare&Submit Revised LTCP*
5 Complete NPDES Permit Renewal-Draft
6 City Review of NPDES Permit Renewal
7 Prepare&Submit NPDES Permit Renewal
8 Review IEPA Comments from Permit Renewal*
9 Final Revision&Submittal of NPDES Permit Renewal
10 2.Manhole Inspections
11 Manhole Inspections 2011
12 Enter MH information into local database
13 Save MH photos in local database „- ...
14 Summary of Critical Manhole Defects
15 Final submittal of database&manhole info.
16 3.Sewer Sytem Map Maint.
17 Enter sanitary service info.into City map
18 Conduct final update of City map
19 4.MMS Database Maintenance
20 Enter sanitary service info.into database
21 Conduct final update of City database
22 5.Completion of 2011 CSO Tasks
♦ 2/29
Project:2006 to 2011 CSO NPDES Task Progress Milestone .
Permit Compliance Project
Date:8/10/11
*Task will not be applicable if no response from TEPA is received Page 2 ATTACHMENT B
1
OF tic,
, 22 - City of Elgin Memorandum
4j;il
Date: August 12, 2011
To: Barb Furman, Legal Dept.
From: Eric Weiss, Water Dept.
Subject: Fourth Amendment Agreement with R.K. Johnson DBA Carroll Engineering
Please find enclosed 3 original signed agreements from Carroll Engineering for the 2006-2011
CSO NPDES permit compliance. We would like one copy returned to the Water Department
after execution.
Thanks.
Enclosure
-410.
I
h
rEPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N
THE CITY IN THE SUBURBS
AGENDA ITEM: J
MEETING DATE: August 10, 2011
ITEM:
Fourth Amendment to the Engineering Services Agreement for 2006-2011 Combined Sewer
Overflow National Pollution Discharge Elimination System Permit Compliance
($94,000)
OBJECTIVE:
To continue with the multi-year IEPA discharge pollution compliance program.
RECOMMENDATION:
Approve the fourth amendment to an agreement with Carroll Engineering and Associates in the
not-to-exceed amount of$94,000.
[ BACKGROUND
The city of Elgin has obtained a National Pollution Discharge Elimination System (NPDES) permit
from the State of Illinois Environmental Protection Agency (TEPA) since the mid 1990's for the
operation of the combined (sanitary and storm water) sewer system. The NPDES permit issued
to the city for Combined Sewer Overflow (CSO) compliance is mandated by federal and state
law. The city's current permit was issued in January 2007 and is due for renewal in 2012.
(The NPDES CSO permit is separate and distinct from the "general" NPDES permit the city ob-
tains for its stormwater system. The general NPDES permit work being is currently being per-
formed for the city by the Baxter and Woodman engineering firm.)
The city first entered into a six-year agreement with Carroll Engineering and Associates of Bel-
videre, Illinois in August 2006 to assist in obtaining a NPDES CSO permit. The original agreement
included efforts to obtain the five-year permit from the IEPA and then to maintain the pro-
grams listed in the permit. In a July 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 necessary to develop the required documents and to amend the
agreement similar to Attachment A. In August 2007, a first amendment was approved that add-
ed a schedule for work. In October 2009, a second amendment was approved that revised 2008
and 2009 fees based on additional required scope items and added a schedule for work in 2009.
In May 2010, a third amendment was approved that revised the 2010 fee for additional re-
quired scope items and added a schedule for work in 2010 (Attachment B). Attachment C is the
previous agreements and scopes of work.
A preliminary Long Term Control Plan (LTCP) was submitted to the IEPA in November 2009. The
IEPA raised questions on the city's financial ability to separate the combined sewers and the
city was required to respond with justification supporting the duration of its proposed LTCP
schedule. The city submitted information justification was submitted to the IPEA for further re-
view in December 2010.
OPERATIONAL ANALYSIS
Carroll Engineering will continue to coordinate with the IEPA as the city's representative, includ-
ing finalizing the LTCP and renewing the city's NPDES CSO permit. The attached amendment will
change the schedule, fees and engineering effort found in the original agreement and the three
subsequent amendments. A major endeavor during this fourth amendment will be completing
the renewal application the city's NPDES CSO permit. A substantial change from the previous
amendments is removing the GIS mapping component from the scope of services for a 34 per-
cent reduction in the fees from the previous amendment. The GIS mapping work is being com-
piled in a department-wide single source maintenance program at a lower cost.
The reapplication for the NPDES CSO permit will be part of the scope of the work under this
amended contract.
INTERESTED PERSONS CONTACTED
Carroll Engineering is in regular contact with city staff and periodic contact with the IEPA as re-
quired, determining that the city is within compliance of the NPDES CSO program.
FINANCIAL ANALYSIS
The cost of this fourth amendment to the Carroll Engineering contract is $94,000. Fees ex-
pended through the 2010 agreement for NPDES CSO compliance total $415,395. The Sewer
Fund five year capital improvement plan includes annual funding of$155,000 for the combined
sewer overflows program .
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
2005 G.O. Bond 365-4200-795.93-41 340004 $6,000 $6,000
2007 G.O. Bond 367-4200-795.92-41 340004 $149,000 $149,000
2
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose to reject the fourth amendment to the agreement and attempt to
comply with the permit requirements with in-house staff.
NEXT STEPS
1. Agreement is executed.
2. Carroll Engineering to proceed with work.
Originators: Eric B. Weiss, Water Operations Engineer I
Kyla B.Jacobsen, Water Director
''` David L. Lawry, Public Services Director
(Pk Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: Fourth Amendment to the Agreement with Carroll Engineering
B: Work Schedule
C: Original Agreement and Amendments One, Two and Three
3
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is hereby made and entered into this w day of
V y 2011, by and between the City of Elgin, Illinois, a municipal corporation "41)
(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"); and
WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006 through
calendar year 2011; and
WHEREAS. Attachments A, A-1 and A-2 to the Subject Agreement provided a detailed Scope of
Services for the year 2006 through 2010, and the parties now desire to amend the Subject Agreement by
adding a Project Schedule for 2011 and a revision to the fee of$94,000.00 for the 2011 addendum items
in Attachment A-3. It is understood by both parties that the items listed in Attachment A-3 will be
substantially completed in 2011. As the NDPES Permit renewal is required in February, however, a
portion of the work will carry over into 2012.
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 is hereby
acknowledged,the parties hereto agree as follows:
1. Section 11B of the Subject Agreement is hereby amended by adding the following to the end
thereof: "A detailed Project Schedule for calendar year 2011 for the Project is attached hereto as
Attachment B".
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: ,)-4440v /` • La?
City Manager Its President
Attest: Attest:
City Clerk Its Secretar,
CITY OF ELGIN
2006 CSO PERMIT COMPLIANCE PROJECT
2011 SCOPE OF SERVICES ATTACHMENT A-3
The scope of services to be provided for the addendum to contract year 2010 shall be defined as
follows:
ORIGINAL 2006 CSO NPDES PERMIT COMPLIANCE PROJECT OBJECTIVES
(ATTACHMENT A)
1. Permit Application Assistance and Compliance
a. This task has been completed; follow-up will continue as discussed in Item 11
b. This task has been completed
c. This task has been completed; follow-up will continue as requested by the City
d. This task is ongoing in connection with the finalization of the Long Term Control Plan
and the submittal to renew NPDES permit which expires on February 29, 2012
e. This task has been completed; follow-up will continue as requested by the City
2. Manhole Inspection
a. This task has been completed; follow-up will continue as discussed in Item I I
b. This task has been completed; follow-up will continue as discussed in Item I
r3. Sewer System Map Maintenance
a. This task has been completed.
b. This task has been completed.
4. MMS Data Base Maintenance
a. This task has been completed
b. This task has been completed.
c. This task is has been completed and is continued/revised in this addendum as discussed
in Item 11.
5. General Mapping Services
a. This task has been completed as requested by the City.
NOTE: There was no supplemental Scope of Services for the CSO Project for the calendar years of
2007 and 2008.
SUPPLEMENTAL OBJECTIVES FROM 2009 AMENDMENT
(ATTACHMENT A-1)
6. Additional Items Added in 2009
a. This task is ongoing and is continued through this addendum as discussed in Item 11
b. This task has been completed; follow-up will continue as discussed in Item 11
c. This task is ongoing and is continued through this addendum as discussed in Item 1 I
C"14 d. This task has been completed
e. This task has been completed
Attachment A-3
9. Additional Design Services Added in 2009
a. This task has been revised as discussed in Item 11
b. This task has been completed; follow-up will continue as discussed by the City
c. This task has been completed, follow-up will continue as discussed by the City
d. This task has been revised as discussed in Item 6
e. This task has been revised as discussed in Item 6
SUPPLEMENTAL OBJECTIVES FROM 2010 AMENDMENT
(ATTACHMENT A-2)
10. Additional Items Added in 2010
a. (Item i & ii) This task has been completed
b. This task has been completed and is continued/revised through this addendum as
described in Item 11.
c. This task has been completed and is continued/revised in this addendum as discussed
in Item 1 l
SUPPLEMENTAL OBJECTIVE INCORPORATED INTO THE 2011 AMENDMENT
(ATTACHMENT A-3)
11. Additional Items to be Added/Revised in 2011
a. Permit Assistance and Compliance
i. Continue coordination with the IEPA as the City's Representative for all permit
and compliance submittals
ii. Finalize Long Term Control Plan. The LTCP will include provisions to
implement a monitoring system for floatables to be used in the development of
a first flush treatment plan. The first flush treatment design will not be
completed under the 2011 Amendment.
Prepare and submit NI'DES Permit Renewal
iv. Update and maintain the CSO filing system as requested by the City
b. Manhole Inspection
i. Continue manhole inspections as outlined in the original contract(attachment
A) under Item 2a. Approximately 1500 manholes are to be inspected during
the 2011 addendum period. Inspections will continue to serve as verifications
of map layout, manhole location and line connectivity.
ii. In instances where the inspections to not confirm the manhole layout, location
or line connectivity, the map shall be altered via "red-line" mark-ups. The
maps shall be neatly organized and delivered to the City for use in the map
updates completed under a separate project.
iii. Photographs of the manholes(as added in the 2010 Scope of Services) shall
continue to be taken and saved in electronic format for delivery to the City
iv. All condition data shall continue to be recorded as outlined in the 2010 Scope
of Services. In lieu of entry directly into the MMS database,condition data
shall be entered and saved in a software acceptable to the City (Excel or
ArcPad). At quarterly intervals, the electronic files will be delivered to the City
for use in the map updates completed under a separate project.
°IF)
Attachment A-3
c. Sewer System Map Maintenance
i. Map sanitary sewer services from Record Drawings already forwarded by the
City. No additional sanitary service mapping is included in the Amendment
ii. Conduct final map update to include all sanitary sewer service mapped under
this Amendment.
d. MMS Database Updates
i. Update database to include information for sewer services shown in Record
Drawings already forwarded by the City. No additional database updates are
included in this Amendment.
ii. Conduct final update to system database to include all sanitary sewer service
information entered under this Amendment.
Attachment A-3
2010 SCOPE OF SERVICES ATTACHMENT A-2
The scope of services to be provided for the addendum to contract year 2010 shall be as follows;
Original Objectives
1. Permit Application Assistance and Compliance
a. This task has been completed; follow-up will be continued.
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.
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
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.
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.
b. Prepare a Long Term Control Plan to he submitted to the IEPA for permit
compliance. Draft to be sent to TEPA 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. Approximately
1500 manholes are to be inspected during the 2009 addendum period.
e. Continue mapping as required in the original.
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 13`'' 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. .41111)
Attachment A-2
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 he provided by the City.
Attachment A-2 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 contrac.
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.
h. Sewer System Map Maintenance
iii. Continue map updates as required in the original contract.
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.
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 TEPA Permit number column
3. A Lined column for lined manholes and pipes
This information will he entered into the system at a future date.
r
Attachment A-2
2009 PROJECT SCHEDULE ATTACHMENT A-I
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 111)
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 task 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 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.
6. Additional Items to be Added to Contract
a. Coordinate with the TEPA as the City's representative on any update required to
previously submitted plans and studies and as outlined in Item la and Id in
Attachment A.
b. Prepare a Long Term Control Plan to be submitted to the IEPA for permit
compliance. Draft to be sent to TEPA 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 he inspected during the
2009 addendum period.
e. Continue mapping as required in the original contract under Item 2b in
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.
Attachment A-I
d. Develop a SCADA system to be implemented utilizing camera and weather
station technology as discussed during the July 13`h 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.
r
Attachment A-I •
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
The scope of services to be provided for contract year 2006-2011 shall be as follows:
1. Permit Application Assistance and Compliance
a. Coordinate with IEPA as the City's representative on any follow-up information
needed for renewal of the City's NPDES permit application. Advise the City on
alternatives, if any are offered, during the permit writing process.
1. This task includes an immediate review of the application and
recommendations for follow up.
b. Establish a step-by-step procedure for the City to follow for future compliance with
the new permit. This task will result in an Action Plan to meet all permit
conditions. Including:
1. Work with TEPA to determine the scope of work for additional studies.
Detailed study work not included.
2. Review of system data and make preliminary recommendations related to
Capital Improvements. This item does not include detail design analysis.
c. Develop a filing system in the office of the City Engineer. Said filing system shall
be used to maintain all aspects of the CSO permit. It is anticipated that the filing
system will be used to maintain hardcopy documentation. All electronic record
keeping will be provided on existing City software systems by City Staff. The
following types of information may be included:
1. Mapping system users manual
2. Step by step instructions for addressing violations, illicit discharges, and
inspections
3. IEPA forms and instructions for their use.
4. Copies of permits
5. Copies of all compliance documentation
6. Meeting minutes
7. Publications, Industry literature (emphasis on public education)
d. Serve as City contact point for ongoing correspondence with IEPA. Submit all
routine relevant documentation to the IEPA as needed to ensure all conditions of
the permit are met. This work may include generating DMR reports, assembling
record data for maintenance reports or other similar tasks
e. Perform a review of current ordinances, develop revisions for improving
ordinances, develop violation and application forms for use by engineering and
code inspectors and develop step by step procedure for inspectors.
2. Manhole Inspection
a. Perform inspections on 900 manholes per year until all sanitary/combined sewer
system manholes not inspected under previous contracts, are inspected.
Estimated total manholes to be inspected is 2,500. Inspections will be non-entry
inspections to evaluate the condition of the manhole with a numerical rating
system. In addition, the inspections shall serve as verification of the map layout,
manhole location and line connectivity.
4)
Attachment A
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
b. Input the condition data collected in Item 2.a. (above) into the City's maintenance
management system (CASSWORKS) database and make corrections to system
map as necessary to reflect the new data. The assistance of the City
CASSWORKS administrator will be provided by the City.
3. Sewer System Map Maintenance
a. Perform annual updates to the citywide sanitary and combination sewer map.
The update information may come from several sources including City crews, the
manhole inspections done under 2.2. (above) and from development as builts
provided to the City. The engineer shall work with the City's Planning and MIS
Departments to insure the base map is most current and detailed available. The
base map provided by the City shall include streets and street names. The
computerized map shall be in the ArcInfo format of the existing GIS system. The
engineers map updates shall provide the map information in layers for:
1. Streets and Names (thereof)
2. Structures (manholes)
3. Structure numbers
4. Pipe systems & sizes (each size to a layer)
5. Basin limits
We understand the last update was through November 2002.
b. Participate in 2 quality control reviews per year of the map updates with the City
staff. Make any corrections or additions noted by the City within the above
described data profile.
4. MMS Data Base Maintenance
a. Perform annual updates to system inventory database in CASSWORKS.
Information may come from several sources including City crews, the manhole
inspections done under 2.2. (above) and from development as builts provided to
the City. The data required for each item is as follows:
Manhole Number
Sewer main Upstream and 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
b. Ensure sewer system map and database updates are properly loaded such that
the database inventory file can be viewed while in the mapping program. The
assistance of the City's CASSWORKS administrator will be provided by the City.
c. Participate in 2 quality control reviews per year of the database product with the
City. Make any corrections or additions noted by the City within the above
described data profile.
rik
Attachment A
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
5. General Mapping Services
411
Provide mapping support for the Public Works Department to produce hard copy
exhibits, field atlases and wall maps as needed. Level of support shall be calculated at
two days per month for one qualified GIS technician that will work on site with City
equipment.
41)
Attachment A
ELGIN CSO - Activities Completed under the 2011 Amendment
1 Jul 2011 I Au•ust 2011 I September 2011 II I October 2011 I November 2011 I Decemb
ID Task Name 26 I 3 i 10I 17 I 24 f 31 I 7 I 14 j 21 I 28 I 4 I 11 1 18 j 25 2 1 9 16 j 23 I 30 I 6 I 13 I 20 1 27 j 4 I 11
1 t
1 1.Permit Application&Compliance 1
7/15 I
.•
2 Finalize Long Term Control Plan(LTCP)
l .
• .
' 1 .....,:i!,JVIi:..'. ; : •
3 City Review of LTCP
I .
, .
! ,
. . !
4 Final Submittal of Revised LTCP
I 0
I '
; •
. .
5 Complete NPDES Permit Renewal-Draft
. ,
6 City Review of NRDES Permit Renewal : I
i I
•'''."1:-''-:',3 1 .
,-•• .•. .
7 Final Submittal of NPDES Permit Renewal .19123
.. ....
8 2.Manhole Inspections ' • 8/1
I •
1 .
9 Manhole Inspections 2011 4.11,-rtt,A-.,;.Fr.,',.-4,.•2341E,-.41.Vtiltf .i-..fr.',;.1:-'i,:'-;,..4.:7Ti:V,r.ig:-; .i..-,..'.ta-..':::":',','':-;"'.'. ..-.. . i-.,-..-',R;'-:-,-,--i'„:;-',:P,',.0,,:,',--:',:..-::•,.
.._.........__ ...____.............._ .. ... ._............. I
10 Enter MH information into local database f'•'i":,- -!At'-:•-.17,f,i.,. .;; .l.tri.-X.',-4.l:,.i.`,,.-;', ':;,',641":';',......•.P.:.X: ',4: 1-: --,--i'6.',---::6-. -'•••,.f...":.?.--.i-:.-.',;••;:*:•'.1'•'-':'; ''''-:. '
11 Save MH photos in local database '
, .!,:•:.,::::-•:'4',:- .k.44-- 4,,,-4-..,.4.,-K1,.7:,,,!...,;:-.;,-,:-Ii.!V-,-, -,.t.i....-;-. -;•.1.i,,',i1Y.---:-.`..i-r'-',:.i_i--,,..:-:!'..,-1.i?,::-,. ::;.;I .•:'..,::-:,., .;-:..-:•...2 -:
1 i '''-5..`..f.-I4'-'1.-;i!ehfi>..i'.:.21-'!,;•.:!,•"-•.;-:.:-.•r'i.i•:,::,':,'::'.:.: :.•-1;;.;'':-!JJ,i..i;,!:,--f.....".. :•;:-.: -.'.,:'-':•,-,-'.
12 Summary of Critical Manhole Defects :
13 Final submittal of database&manhole info. • I i
. I
I 1 .
14 3.Sewer Sytem Map Maint 8/1
1 .
15 Enter sanitary service info.into City map -IT'.4.:Ji#:,7 --S-Y: .'•'.:,17,..g(-i..,!:%M.:.-t:V,'i-- :..7:..--,.'i .'2-i.: -",J•,-,,i; r:g:-.....i.::;,;!i'-'.-r-'-'f,:.•:,'- --:.:::-:-• --i------:i. :.:T,',i•.:.•-•,...-1 ,
16 Conduct final update of City map
I ':':: r'''.:1--:•-1--
I ,
17 4.MMS Database Maintenance + 8/1 I '
. ,
_ I .
18 Enter sanitary service info,into database Itikifgit''' '.:„:::-tAlitifri-ir. 73','•: ::,--. '-'-:,- ''-:•'''' •"': '-.61 ,11':nK- ' .` '''5,-'.'''' i-:':'•.'" F'....."!:::• -cf-I •:,1) ,
1---_
I
19 Conduct final update of City database I ! •:•."-;:;.:.!...,•.—
20 5.Completion of 2011 CSO Tasks E 1 I
! .
:
I I
Project:2006 to 2011 CSO NPDES TaskI.. ;-. :,,:i- ;,-i....-:-0!--41.,,ii Progress 111•11111111111•11111•11111 Milestone •
Permit Compliance Project
Date:7/5/11
. Page 1 ATTACHMENT B
L
C C r
ELGIN CSO - Activities Completed under the 2011 Amendment
r 2011 January 2012 1 February 2012 T March 2012 April 2012 I Ma 2012
ID Task Name 18 25 1 8 15 22 29 5 12 19 26 4 11 18 25 1 8 15 22 29 6 En 20 27 3
1 1.Permit Application&Compliance
2 Finalize Long Term Control Plan(LTCP) ,
,
3 City Review of LTCP - '
4 Final Submittal of Revised LTCP : ,
5 Complete NPDES Permit Renewal-Draft 1 '
6 City Review of NPDES Permit Renewal
. . . . . . ... ! .
7 Final Submittal of NPDES Permit Renewal
8 2.Manhole Inspections , • „
1 ,
9 Manhole Inspections 2011 • '
gnitlit i 1
10 Enter MH information into local database --•,,-,..,..-..,.e,, 4-4:— '
' 1
11 Save MH photos in local database
i.d
I i
12 Summary of Critical Manhole Defects ogoe.,4,1,46y,r.q..,N1*,:„Fptwot.,,577 !
_ . . ... . ,
13 Final submittal of database&manhole info.
I ',',,- "'•::' '
14 3.Sewer Sytem Map Maint
15 Enter sanitary service info.into City map i I
1 I
16 Conduct final update of City map i
17 4.MMS Database Maintenance
i
18 Enter sanitary service info,into database
, .
1 :
I I „
19 Conduct final update of City database
1
20 5.Completion of 2011 CSO Tasks i • 2/29 '
Project:2006 to 2011 CSO NPDES Task
--:::' : ",,ri''',N::-::, ':2 Progress ININIIIIIIMIIMINNINIMI Milestone •
Permit Compliance Project
Date:7/5111
Page 2 ATTACHMENT B
ATTACHMENT C
Resolution No. 06-194
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CARROLL ENGINEERING&ASSOCIATES, P.C.
FOR ENGINEERING SERVICES
FOR 2006-2010 COMBINED SEWER OVERFLOW
NPDES PERMIT COMPLIANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an Engineering Services Agreement on behalf of the C city of Elgin with Carroll
Engineering&Associates,P.C.for engineering services for 2006-2010 Combined Sewer Overflow
NPDES Permit Compliance,a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 9,2006
Adopted: August 9,2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
`�i',OF Et qt.
Agenda Item No.lilt)' —City of Elgin
c ',
, til
4
Jul 7 2006 �� ��`,
, A S1J
d
TO: Mayor and Members of the City Council ?t
FROM: Olufemi Folarin, City Manager •. ,„#„l;,,tl;,;1; le
John Loete,Public Works Director City'Gown”''u
SUBJECT: Engineering Services Agreement With Carroll Engineering for 2006-2010
Combined Sewer Overflow NPDES 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 an agreement with Carroll Engineering and Associates to
provide engineering services for the multi-year Combined Sewer Overflow NPDES 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 $64,985 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 October,
2001 and is set to expire on September 30, 2006. A renewal application has already been
submitted by staff for a new permit.
As is typical with most environmental programs, the new restrictions placed on the operation of
the system will be more severe and the new requirements for planning and documentation by the
City will be more extensive. Because of this, staff felt it was important that we continue the past
practice of utilizing the services of a consultant to assist the Engineering and Sewer Divisions of
Public Works in complying with the terms of the new permit. In addition, the term of the
consultant agreement will be for the term of the permit, since many of the requirements take
multiple years to implement.
r .
ESA for 2006-2010 CSO-NPDES Permit Compliance
July 7, 2006
Page 2
Staff solicited proposals from seven engineering firms of which three submitted. Those firms
were RJN, Inc., Montgomery, Watson, Harza, Inc. and Carroll Engineering & Associates.
Carroll Engineering was selected as the most qualified firm by a staff selection committee. A
copy of the scoring sheet is attached as Exhibit A.
The agreement with Carroll Engineering & Associates (attached as Exhibit B) will provide for
assistance in obtaining the new permit as well as continuing active management of the City's
combined sewer system as required by the aforementioned TEPA draft permit once it has been
finalized. Specifically, the work scope will provide for preparation of required standard reports
or operations plans, inspections of the existing system as required to finalize the inventories in
the Maintenance Management System, system mapping updates, the corresponding data base
updates, and development of a record keeping system to compile data for the annual reports.
Staff anticipates the IEPA's final draft of the permit will include requirements that will
necessitate additional extensive effort from the City and its.consultant. Typically permits require
documents known as Sensitive Area Analysis, Water Quality Demonstration Plan and Long
Term Control Plan to be developed during the five year permitting period. Because the full
scope of these documents has not yet been defined by the IEPA, engineering effort cannot yet be
rdetermined and is not part of this agreement. Once the full level of effort has been determined,
staff will bring an amendment or amendments to this agreement to the City Council to provide
said effort.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox River Water Reclamation District
??5,,,,_
FINANCIAL IMPACT
The cost of this agreement with Carroll Engineering for 2006 is $64,985. Funding for this
agreement is budgeted in the sewer portion of the 2006 General Obligation Bond Fund in project
number 339865, "2006 CSO Compliance," account number 366-4200-795.92-41, "Distribution
Systems" ($120,000 budgeted and available) and in the sewer portion of the 2000 G.O. Bond
Fund, account number 380-4200-795.92-41, "Distribution Systems" ($35,000 budgeted and
available). It is important to note that the difference between the budget amount and the contract
amount will likely be utilized on the documents that the final permit will require to be submitted
during the five year term of the permit.
r
ESA for 2006-2010 CSO-NPDES Permit Compliance 4111)
July 7,2006
Page 3
Proposed fees for subsequent years(2007 through 2011)of the project are as follows:
2007 $56,410.00
2008 $54,215.00
2009 $24,135.00
2010 $26,100.00
2011 $ 6,265.00
The new five year permit will actually expire in the sixth year of the agreement(2011) due to the
time difference between the City's budget periods and the IEPA permit periods. The total for the
entire six year agreement as now proposed (minus the more extensive reports to be added by
amendment) is $232,110. The contract requires that sufficient funding must be available in the
subsequent years' budgets or the contract is void. In addition, for each subsequent year the
budget process will include a decision package to retain the program funding or modify as
necessary.
GAL IMPACT
None
ALTERNATIVES
1. In order to comply with the anticipated permit the attached agreement and ultimately the
assistance of the consultant is necessary.
2. Reject the agreement and attempt to comply with the permit requirements with in house
staff.
Respectfully submitted for Council consideration.
do
Attachment
AGREEMENT
THIS AGREEMENT, is hereby made and entered into thi 9 ,2006,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 desires to engage the ENGINEER to furnish certain professional
services in connection with 2006 CSO NPDES Permit Compliance Project(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 promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and
ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent
CITY in the engineering matters involved in the Project as set forth herein, subject to the
following terms, conditions and stipulations:
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 following,but not limited to, outline of the services is to be provided by the
CITY by the ENGINEER:
1. Permit Compliance Submittals-per NPDES permit
2. File Management System
3. Manhole Inspection
4. Mapping System Updates
C.A detailed Scope of Services is attached, as Attachment A. The attached Scope of
Services is incorporated herein.
-2
II.PROGRESS REPORTS
A. An outline project milestone schedule is provided herein under. Time is of the
Essence in this Agreement.
1. Permit Compliance Submittals-per NPDES permit
2. File Management System—complete by 9/1/2006
3. Manhole Inspection—900/yr,total 2500
4. Mapping System Updates—annually by 11/15
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.
D. The ENGINEER shall provide such further and other documentation as requested by
the City within ten(10)day such request is submitted to the ENGINEER by the
CITY.
III.WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not
limited to,reports, designs, calculations, work drawings, studies,photographs,models
and recommendations shall be the property of the CITY and shall be delivered to the
CITY upon request of the"DIRECTOR; provided, however"that the ENGINEER
may retain copies of such work products for its records. Such work products are not
intended or represented to be suitable for reuse by the CITY on any extension to the
PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY
without liability to the ENGINEER.
- 3 -
IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 2.60 times the direct
hourly rate of personnel employed on this PROJECT, with the total fee not to exceed
$232,110 regardless of the actual costs incurred by the ENGINEER,but subject to
modifications authorized in writing by the CITY. Such not to exceed amount shall also
include reimbursable included in connection with the project such as mileage,printing
and field supplies.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus 10 %. Any such invoiced fees
to ENGINEER shall be included with and construed as part of the above-referenced
amount of$232,110.
C. 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, who shall have the final decision as to if and when a task is
complete for purposes of payment.
Calendar Year Fee
2006 $64,985.00
2007 $56,410.00
2008 $54,215.00
2009 $24,135.00
2010 $26,100.00
2011 •
$6,265.00
D.Notwithstanding anything to the contrary in the Agreement, CITY shall be entitled to
withhold any payments pending the submission of partial or full waivers of lien
and/or certifications verifying the receipt of payment for all work performed by all
subcontractors up to the date of ENGINEER'S application for partial or final payment
in the CITY'S sole discretion. CITY shall further be entitled to make such payments
directly to any subcontractors as may be necessary to obtain such lien waivers and/or
certifications. In the event the CITY makes any such payments directly to any
-4-
subcontractors, the amount of such payments shall be deducted from the total amount
due to ENGINEER pursuant to this Agreement and ENGINEER shall provide a
written release to CITY in the amount of any such payment upon ten(10) days written
demand. Concurrent with all application for payment, ENGINEER shall provide the
CITY with a sworn certification of all work performed by all subcontractors and
amounts paid to all subcontractors as of the date of application.
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.
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,
provided,however,that such payment 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 VI or IX,
shall be deemed concluded on the date the CITY determines that all of the
ENGINEER's work under this agreement is completed and accepted by CITY. 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.
- 5 -
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 substantially breaches any term of this Agreement, such violation
shall be deemed to constitute a default and result in a termination of the Agreement
unless the defaulting party cures the default within fifteen(15)days after receipt of
written notice describing the default and the defaulting party is otherwise in
compliance with all the other terms and provisions of this Agreement.
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 such 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 at ENGINEER'S sole and complete expense. The provision of this
paragraph shall survive any termination and/or expiration of this Agreement.
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.
Such Certificate of Insurance shall include,but not be limited to, coverage for the
obligations assumed by ENGINEER pursuant to Article X herein entitled
"Indemnification".
Such above-referenced 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
prorated, 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.
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
- 8-
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. If
the ENGINEER seeks to assign, delegate,or subcontract any work or task to be
performed of this Agreement, the ENGINEER must first seek prior and written
approval from the CITY to so assign, delegate, or subcontract any work or task to be
performed of this Agreement. The parties acknowledge the CITY shall have sole
authority to approve of any assignment, delegation or subcontract.
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, except to such
extent as may be specifically provided for herein.
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase,
clause or other provision of this Agreement, or any portion thereof, shall be held to be
void or otherwise unenforceable, all other portions of this Agreement shall remain in
full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the
parties on the subject matter hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by the parties. Each party
agrees that no representations or warranties shall be binding upon the other party
unless expressed in writing herein or in a duly executed amendment hereof, or change
order as herein provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed
in accordance with the laws of the State of Illinois. Venue for the resolution of any
- 9-
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;
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.
- 10-
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 Ave.
Belvidere, Illinois 61008
ik
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
R. ..10
City Clerk Cit . .ge
[ (SEAL)
For the ENGINEER:
Dated this / day of µLe..-- ,A.D.,2006
ATTEST:
/I
BY I, 1 , . By ,AL
S: et. fl `resident
(SEAL)
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
The scope of services to be provided for contract year 2006-2011 shall be as follows:
1. Permit Application Assistance and Compliance
a. Coordinate with IEPA as the City's representative on any follow-up information
needed for renewal of the City's NPDES permit application. Advise the City on
alternatives, if any are offered, during the permit writing process.
1. This task includes an immediate review of the application and
recommendations for follow up.
b. Establish a step-by-step procedure for the City to follow for future compliance with
the new permit. This task will result in an Action Plan to meet all permit
conditions. Including:
1. Work with IEPA to determine the scope of work for additional studies.
Detailed study work not included.
2. Review of system data and make preliminary recommendations related to
Capital Improvements. This item does not include detail design analysis.
c. Develop a filing system in the office of the City Engineer. Said filing system shall
be used to maintain all aspects of the CSO permit. It is anticipated that the filing
system will be used to maintain hardcopy documentation. All electronic record
keeping will be provided on existing City software systems by City Staff. The
following types of information may be included:
1. Mapping system users manual
2. Step by step instructions for addressing violations, illicit discharges, and
inspections
3. IEPA forms and instructions for their use.
4. Copies of permits
5. Copies of all compliance documentation
6. Meeting minutes
7. Publications, Industry literature (emphasis on public education)
d. Serve as City contact point for ongoing correspondence with IEPA. Submit all
routine relevant documentation to the TEPA as needed to ensure ail conditions of
the permit are met. This work may include generating DMR reports, assembling
record data for maintenance reports or other similar tasks
e. Perform a review of current ordinances, develop revisions for improving
ordinances, develop violation and application forms for use by engineering and
code inspectors and develop step by step procedure for inspectors.
2. Manhole Inspection
a. Perform inspections on 900 manholes per year until all sanitary/combined sewer
system manholes not inspected under previous contracts, are inspected.
Estimated total manholes to be inspected is 2,500. Inspections will be non-entry
inspections to evaluate the condition of the manhole with a numerical rating
system. In addition, the inspections shall serve as verification of the map layout,
manhole location and line connectivity.
Attachment A
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
b. Input the condition data collected in Item 2.a. (above) into the City's maintenance
management system (CASSWORKS) database and make corrections to system
map as necessary to reflect the new data. The assistance of the City
CASSWORKS administrator will be provided by the City.
3. Sewer System Map Maintenance
a. Perform annual updates to the citywide sanitary and combination sewer map.
The update information may come from several sources including City crews, the
manhole inspections done under 2.2. (above) and from development as builts
provided to the City. The engineer shall work with the City's Planning and MIS
Departments to insure the base map is most current and detailed available. The
base map provided by the City shall include streets and street names. The
computerized map shall be in the ArcInfo format of the existing GIS system. The
engineers map updates shall provide the map information in layers for:
1. Streets and Names (thereof)
2. Structures (manholes)
3. Structure numbers
4. Pipe systems& sizes (each size to a layer)
5. Basin limits
We understand the last update was through November 2002.
b. Participate in 2 quality control reviews per year of the map updates with the City
staff. Make any corrections or additions noted by the City within the above
described data profile.
4. MMS Data Base Maintenance
a. Perform annual updates to system inventory database in CASSWORKS.
Information may come from several sources including City crews, the manhole
inspections done under 2.2. (above) and from development as builts provided to
the City. The data required for each item is as follows:
Manhole Number
Sewer main Upstream and 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
b. Ensure sewer system map and database updates are properly loaded such that
the database inventory file can be viewed while in the mapping program. The
assistance of the City's CASSWORKS administrator will be provided by the City.
c. Participate in 2 quality control reviews per year of the database product with the
City. Make any corrections or additions noted by the City within the above
described data profile.
Attachment A
2006 CSO NPDES PERMIT COMPLIANCE PROJECT
5. General Mappinq Services
Provide mapping support for the Public Works Department to produce hard copy
exhibits,field atlases and wall maps as needed. Level of support shall be calculated at
two days per month for one qualified GIS technician that will work on site with City
equipment.
Attachment A
uoonAcuViues
ID Task Name ---- June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 '
-1 1.Permit Application&compl.
!
2 Permit Renewal Assist
3 File Management Sys -------- � ���#� •
4 Ordinance Review
5
' --'-'--------
e 2.Manhole Inspections
' --- ---
7 Manhole Inspections Ratailaggainst
8 Update Map&Database Arg
9
------___-__--_ . .
10 3.Sewer uytenMap mamt.
11 ! �
, _
12 4MMSo�au�o�wam�nan��
. �*
iNtaa'› 41241
�
13
14 5.General Mapping Serv. * �� ra*��`
-- -
Project:2006 CSO t'ATTACHMENT B rauxp,00,ess Milestone
Compliance Project
'----------
Date:6/13/06
Page 1 ATTACHMENT B
_ _ __
•
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is hereby made and entered into this day of
, 2007, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Carroll Engineering & Associates, P.C., an Illinois 4111)
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"); and
WHEREAS, the term of the Subject Agreement provides for services from calendar year 2006
through calendar year 2011; and
WHEREAS, Attachment B to the Subject Agreement provided a detailed Project Schedule only
for the year 2006 and the parties now desire to amend the Subject Agreement by adding a Project
Schedule for 2007.
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 is hereby acknowledged, the parties hereto agree as follows:
1. Section IIB of the Subject Agreement is hereby amended by adding the following to the
end thereof: "A detailed Project Schedule for calendar year 2007 for the Project is
attached hereto as Attachment B-1.
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 GINEE
AND ASS r ATES,
ti
By: b �� By: �..._.,� 52! alCity Ma .ger It F'reside
Attest: Attest:
ll..D. i ;�J/ atL .
City Clerk Its Secr: �
F:\l..egal Dept\Agreement\Carroll Engineering Amendment-NPDES compliancc.doc
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ID Task-
as mama Jun 17,'67 I Jul 8.'A7 ( Jul 2.'DT i Aug 14.'x1' Seip 8, �? 34,VT Ott 21,*or Nov
I 1.Penult Application&Compl. i
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2 Permit Renewal Assist.N/A
3 Permit Submittal Assistance
4 File Management Sys.
I Ordnance Review
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• 7 2.Manhole$nspectiorua
S Manhole Inspections
1 S Update Map S Databaseinwswarissaminam
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1i 3.Sewer Sytem Map Maw Y ;
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13 4.MMS Database idtaintenersca
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14 6.mai Mapper Sarv,
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8Permit Task Pro
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Prow*** Memnon' + '
Date:i/16/87
Page 1 A'T'TACHMENT 8
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Memorandum
A-p* § City of Elgin
Date: August 27, 2007
To: Gail Cohen, Purchasing Director
From: Joseph Evers, P.E., City Engineer
Subject: Combined Sewer Overflow Permit Compliance—Amendment to existing agreement
Copy: David Lawry
Diane Robertson
Please find attached an amendment, the original agreement and the original purchase order(with
no amendments)for the subject project. Please modify the purchase order to add the 2007
funding per the original agreement.
Please call me if you have any questions. Please provide me with an updated purchase order.
Thank You!
Diane, Please attest Femi's signature, keep the original for your files and send me a copy. Thank
you!
ck
P:c
/, 395
'a)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 6CCI.,4-1A-- , 2009, by andbetween 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 IB 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 NC 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.
r
•
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 �, Q -'t/ By ► tit,,itr,..._
ity Manager
Attest: Attest:
City Clerk
Mega]Dept\Agreement\Carroll Engineering-Second Amendment Agr.docx
,2
4111)
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
t. 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 task 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 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.
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 1 d in Attachment A-1
7. Delisa 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 13t 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.
F\Legal DepMgroementlCaroll Engineering Amendment- IVES compliance.doc
r
ELGIN CSO - 2009 Activities
•ril 2009 M . 2009 June 2009 Ju 2009 Au!ust 2009 Se• ber 2009
ID Task Name 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 l 16 23 30 6 13 20
1 1.Permit Application&Compi. 411
•
2 Review Plan of Study Comments
3 Revise Plan of Study
4 Resubmit Plan of Study
5 Develop Long Term Control Plan
8 SCADA Component of LTCP
7 Initial Submittal of LTCP
8 City Ravlew of LTCP
9 Revise LTCP
4.
10 FINAL Submittal of LTCP
11
12 2.Manhole Inspections
13 Manhole inspections 2009
14 Update Map&Database 2009
16
16 3.Sewer Sytem Map Maint.
17
i6 4.MMS Database Maintenance
19
20 5.General Mapping Seri.
21
22 Completion of 2009 CSO Tasks
Project 2006 CSO NPDES Permit Task Progress 11111111111111111111111.1111 Milestone
Compliance Project
Date:8131109
•
Page 1 ATTACHMENT B-2
•
j . . H
1 1 / ,
ELGIN CSO - 2009 Activities , -
October 2009 November 2009 I December 2009 � January 2010 February 2010 March 2010
ID Tack Name 2f 7 1 4 1 11 1 18 1 25 1 1 8 1 15122 1 29 1. 6 1 13 L20 1 27 1 3 1 10 1 17 1 24 131 1 7 1 14 1 21 1 28 1 7 1 14 L21
1 1.Permit Application&Comp!.
2 Review Plan of Study Comments
3 Revise Plan of Study
4 Resubmit Plan of Study 4,. 10/30
5 Develop Long Term Control Plan
6 SCADA Component of LTCP
7 Initial Submittal of LTCPlier
10116
8 City Review of LTCP 1
I
9 Revise LTCP
10 FINAL Submittal of LTCP .10/30
11
12 2.Manhole Inspections
13 Manhole Inspections 2009
14 Update Map&Database 2009
15
Iminammismimmainummit
16 3.Sewer Sytem Map Maint.
17
18 4.MMS Database Maintenance
19
20 5.General Mapping Serv. IEIMIIIIIIIIIMIIIIIIIIIIIMIIII
21
zr
22 Completion of 2009 CSO Tasks
`► 12/S1
Project:2006 CSO NPOES Permit Task Progress 111111111111111111RININIIIII Milestone .
Compliance Project
Date:8/31/09
Page 2 ATTACHMENT 8-2
.
• c,:ci OF E4C
g
—City of Elgin
Agenda Item No. Co
cs- mot-
September 17, 2009 yS
TO: Mayor and Members of the City Council �. '4 - t
t;
FROM: Sean R. Stegall,City Manager vel.a. siv6Te
Joseph Evers, City Engineer
€_ty GoPernmrur
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.
•
r 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 PIan (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.
r 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
FINANCIAL IMPACT
The cost of this amendment with Carroll Engineering for 2009 is $150 000. Fundingfor this
g g
agreement is budgeted in the sewer portion of the various General Obligation Bond Funds as
follows:
r
4111)
Second Amendment with Carroll Engineering for CSO-NPDES Permit Compliance
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
Wb\b/ None
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.
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Attachment
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Memorandum
City of Elgin
RgT£Q EB'
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
,
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 as1114)
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 Secretary4111)
F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance doe
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:
rOriginal Attachment-A objectives
1. Permit Application Assistance and Compliance
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.
rom- 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 la and id 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 ld 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
rto 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.
r '
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. 4111)
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.
111
F:\Legal Dept\Agreement\Carroll Engineering Amendment-NPDES compliance.doc
0,1
ELGIN CSO - Activities Completed under the 2010 Amendment
2010 October 2010November 2010 December 2010 January 2011 February 2011 [ Ma
ID Task Name 19 1 26 1 3 1 10 1 17 1 24 [31 1 7 1 14 1 21 1 28 X 5 1 12 j 19 1 26 ( 2 1 9 1 16 1 23 ( 30 X 6 1 13 1 20 1-27 1 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 1 Finalization of SCADA Design
17 City Review
18 Revision of SCADA Design •
19 SCADA Implementation
20
•
21 [Completion of 2009 CSO Tasks
� 12/31
Project: 2006 to 2011 CSO NPDES Task Progress Milestone •
Permit Compliance Project
Date: 3/31/10
Page 2 ATTACHMENT B-3
ELGIN CSO - Activities Completed under the 2010 Amendment
1 April 2010 J May 2010 ! June 2010. July 2010 August 2010 1 Septembe
ID Task Name 28 1 4 11 1 18 1 25 1 2 1 9 1 16 1 23 30 L 6 ] 13 1 20 1 27 1 4 1 11 L 18 1 25 1 1 8 l 15 [22 1 29 [ 5 1 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
. • .
J rt
ELGIN
THE CITY IN THE SUBURBS'
DATE: September 2, 2011
TO: Eric Weiss, Water Operations Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-148, Adopted at the August 24, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. 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.
• Fourth Amendment Agreement with R.K. Johnson& Associates, Inc. d/b/a
Carroll Engineering & Associates on behalf of the City of Elgin in connection
with the 2006 CSO NPDES Permit Compliance Project
r • . •