18-6 Resolution No. 18-6
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH R.K.
JOHNSON &ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT
PREPARATION, FIELD SURVEYING AND FIELD INSPECTION ACTIVITIES FOR
JANUARY 2018 TO DECEMBER 2018 IN CONNECTION WITH THE 2014 COMBINED
SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
PERMIT COMPLIANCE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Richard G. Kozal, City Manager,and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute Amendment Agreement No. 3 on behalf of the City of Elgin with R.K.
Johnson&Associates, Inc. for engineering,permit compliance, report preparation, field surveying
and field inspection activities for January 2018 to December 2018 in connection with the 2014
Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance
Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 24, 2018
Adopted: January 24, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis _
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 3
THIS AMENDMENT AGREEMENT No. 3 is hereby made and entered into this 24
day of January, 2018, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the"City"), and R.K. Johnson&Associates, Inc., an Illinois corporation
(hereinafter referred to as "Engineer").
WHEREAS,the City and Engineer hereto have previously entered into an agreement dated
June 25, 2014 (the "Original Agreement"), and amended said Agreement on October 14, 2015
("Amendment Agreement No. 1") and August 25, 2016("Amendment Agreement No. 2),wherein
the City engaged the Engineer to furnish certain professional services in connection with the 2014
Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance
Project (hereinafter referred to as "Original Agreement" and the "Project"); and
WHEREAS, the term of the Original Agreement (included as Attachment "D") provides
for services from contract year beginning July 2014 and ending June 2019, and the term of
Amendment Agreement No. 1 (included as Attachment "E") provides for services from the
contract year beginning July 2015 and ending June 2016, and the term of Amendment Agreement
No. 2 (included as Attachment "F") provides for services from the contract year beginning July
2016 and ending June 2017; and
WHEREAS, the Original Agreement provided a detailed Project Schedule only for the
contract year beginning July 2014 and ending June 2015, and Amendment Agreement No. 1
provides a detailed Project Schedule only for the contract year beginning July 2015 and ending
June 2016, and Amendment Agreement No. 1 provides a detailed Project Schedule only for the
contract year beginning July 2016 and ending June 2017; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include Engineering, Permit Compliance, Report Preparation (as required by the
NPDES Permit), Field Surveying and Field Inspection activities for the contract year January 2018
to December 2018.
WHEREAS,the contract price for the Original Agreement is $99,520.00,the contract price
of Amendment Agreement No. 1 is $81,840.00, the contract price of Amendment Agreement No.
2 is $109,100.00, and the cost for the Engineering, Permit Compliance, Report Preparation, Field
Surveying and Field Inspection services January 2018 to December 2018 contract year to be
provided pursuant to Amendment Agreement No. 3 is in the amount of$99,268.00.
WHEREAS, the changes contemplated by this Amendment No. 3 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 3 is in the best interest of the
City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided
herein, and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully recited
hereby.
2. Section 1 the Original Agreement is hereby amended by adding the following to the end
thereof.
C. ENGINEER shall perform the Services described in Attachment "A", entitled "Scope
of Services, January 2018 to December 2018 Contract Year of the 2014 Combined Sewer
Overflow NPDES Permit Compliance Project". No Supplemental Services shall be
performed by the ENGINEER nor shall the City be responsible for payment of any
Supplemental Services unless and until such Supplemental Services are authorized in
advance in writing by the City.
3. Section 2 of the Original Agreement is hereby amended by adding the following for
progress reports for Amendment Agreement No. 3 to read as follows:
PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder
a. General Permit Compliance January 2018 —December 2018
b. Manhole Inspections: January 2018 —November 2018
c. Field Survey of MH Elevations: February 2018 —November 2018
d. Map & Database Maintenance: January 2018 —December 2018
e. Discharge Monitoring Report: January 2018 —December 2018
f. Report Revision*: February 2018 —November 2018
*Note: Report Revisions will be based on an Illinois Environmental Protection Agency review
of the reports submitted as part of the Agreement No.2 Scope of Services.
4. Section 4 of the Original Agreement, is hereby amended by amending subparagraphs A
and B thereof and by adding a progress payment schedule and project schedule for
Amendment Agreement No. 3 as follows:
A. For services provided the ENGINEER shall be paid at the direct hourly rate of
personnel employed on the project based on the rate schedules attached to the
Original Agreement and Amendments No. 1,No. 2 and No. 3, with the total fee
for the Original Agreement not to exceed $99,520.00, with a total fee for
Amendment Agreement No. 1 not to exceed 581,840.00, with the total fee for
Amendment No. 2 not to exceed $109,100.00, and with a total fee for
Amendment No. 3 not to exceed 599,268.00, regardless of the actual costs
incurred by the ENGINEER unless substantial modifications to the scope of
work are authorized in writing by the Director and approved by way of written
amendment to this Agreement.
B. Reimbursable expenses are listed in Attachment C and are included within the
total fee not to exceed amounts referred to in Section 4A hereof.
C. The progress payment schedule for Amendment Agreement No. 3 term shall be as
follows:
Estimated Schedule of Progress Payments
January 2018 - 7%
February 2018- 10%
March 2018 - 13%
April 2018 - 10%
May 2018 - 10%
June 2018 - 9%
July 2018 - 6%
August 2018 - 6%
September 2018 - 7%
October 2018 - 8%
November 2018 - 9%
December 2018 - 5%
A detailed Project Schedule for the Amendment Agreement No. 3 term has been
included as Attachment B.
5. The changes provided to the Original Agreement, as previously amended by Amendment
Agreements No. 1 and 2, as provided in this Amendment Agreement No. 3, are germane
to the original contract as signed, and this Amendment Agreement No. 3 is in the best
interests of the City of Elgin and is authorized by law.
6. That except as amended in this Amendment Agreement No. 3, the Original Agreement as
previously amended by Amendment Agreements No. 1 and 2, shall remain in full force
and effect.
7. That in the event of any conflict between the terms of this Original Agreement as
previously amended by Amendment Agreements No. 1 and 2, and the provisions of this
Amendment Agreement No. 3, the provisions of this Amendment Agreement No. 3 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 CONSULTANT
By: By:
City Manager Its Senior Civil Engineer
Attest: Attest:
ity Clerk Its S cre
ATTACHMENT A-AMENDMENT NO. 3
SCOPE OF SERVICES
January 2018 to December 2018 Contract Year
2014 Combined Sewer Overflow NPDES Permit Compliance Project
The scope of services for the 2018 Contract Year of the 2014 CSO NPDES Permit Compliance Project
shall be as follows. For clarity, it has been divided into the major components described in our
Statement of Project Understanding and Approach.
SYSTEM MANAGEMENT
1. Manhole Inspection
a. Continue the annual field inspection of 900 sanitary and combined sewer system
manholes, as outlined in the Request for Proposal. As there are over 9,000 manholes in
the City's combined and separate sanitary sewer systems, it is anticipated that manhole
inspections will be performed for every year of the contract duration. Inspections will be
non-entry to evaluate the conditions of the manhole using a standardized form and rating
system. An inspection report will be completed and filed for each inspected manhole.
The inspections shall also serve as verification of the system layout,manhole location and
line connectivity
b. Conduct an isolated field survey in order to determine the top-of-casting elevation for the
inspected sanitary manholes. Elevations will be based on the North American Vertical
Datum 1988 using the baseless TopCon GPS instrument
C. Input the condition data collected in Item La into the City's maintenance management
system database and make corrections to the system map as necessary to reflect the new
data. This task includes regular communication with the City's.Salesforce/Asset Optics
database manager and/or NDPES Permit Project Manager.
2. Sewer System Map Maintenance
a. Perform annual updates to the City of Elgin's sanitary and combination sewer map. The
updated information will be obtained from a variety of sources including; City staff, the
manhole inspections and review of Record Drawing and As-Built information. Our firm
will work with the City's NPDES Project Manager as well as with the Manager of the
Salesforce/Asset Optics database to ensure that the base map is based on the most current
and accurate information. It is anticipated that the aerial base map will be provided by
the City in the ArcGIS 10.0 format of the existing system. The map updates performed
as part of this project shall provide information in layers for:
1. Streets and Street Names
2. Structures (Manholes, Diversion, etc.)
3. Structure Numbers
4. Pipe Systems and Sizes
5. Basin Limits
b. Participate in regular quality control reviews with City Staff. Any corrections or updates
noted by the City during these reviews shall be completed within the data profile
Scope of Services: January 2018 to December 2018 Contract Year
ATTACHMENT A-AMENDMENT NO. 3
described above. The number of quality control reviews may vary but should be kept to
two times per year, at a minimum
3. Maintenance Management System Data Base Maintenance
a. Input annual updates based on information from City Staff, manhole inspection reports,
and Record Drawings into the City Salesforce/Asset Optics database. The data required
for each item is listed below:
1. Manhole Number
2. Sewer Main Upstream and Downstream Manhole Numbers
3. Street Name where each item is located
4. Street Address nearest to each Manhole
5. "From-To"Cross Street Names for Sewer Mains
6. Sewer Main Pipe Size
7. Manhole Rim Elevation
8. Sewer Pipe and Manhole Materials of Construction
9. Construction Date(if available)
10. Sewer Depth(Manhole measure-down)
11. Pipe Invert Elevation(based on rim elevation and measure-down depth)
12. Sewer Pipe Slope(calculated using the pipe length and invert elevations)
13. Manhole Photograph
14. Electronic Copy of Manhole Inspection Report
b. Complete and/or verify the link between the sewer system map and the informational
database to ensure the attribute information for sanitary sewer pipes and manholes can be
viewed while in the mapping program.
C. Participate in regular quality control reviews with City Staff. Any updates to the database
noted by the City during these reviews shall be completed within the data profile
described above. The number of quality control reviews may vary but should be kept to
two times per year, at a minimum
4. General Mapping Services
a. Provide mapping support for the City of Elgin Public Works Department to produce hard
copy exhibits, field atlases and wall maps as needed. This scope assumes that the level
of support shall be equal to one qualified GIS Technician working onsite with City
equipment for two days each month. The level of support will likely be reduced during
latter years of the contract when majority of the map and database updates have been
completed.
SYSTEM EVALUATION
1. Discharge Monitoring Report Procedure
a. Perform annual updates to the existing XP-SWMM Hydraulic Model to account for recent
sewer separation projects, sewer system map updates,etc. These updates will be made to
account for sewer separation projects that were not incorporated into the hydraulic model
Scope of Services: January 2018 to December 2018 Contract Year
ATTACHMENT A-AMENDMENT NO. 3
during the previous contract year. When applicable, the Manhole Rim Elevations, Pipe
Invert Elevations and Pipe Slopes referenced above will be incorporated into the XP-
SWMM Hydraulic Model.
b. Utilize the hydraulic model to simulate the system behavior in a variety of storm events,
including the 2-month, 3-month and I-year rainfall events defined in Illinois Bulletin 70.
At this stage, the model will be calibrated as necessary to match the data from the flow
meters installed at various combined sewer outfall locations.
C. Review and update the DMR procedure with the new hydraulic simulation for various
rainfall events. Wherever possible, overflow data will be taken directly from flow meter
devices
d. As required by IEPA policy or NDPES Permit conditions, tabulate the combined sewer
overflow events with respect to number of instances, duration of overflow and total
volume of discharged flow.
2 Coordinate with Sewer Separation Project
a. Coordinate with City Staff and Engineering Consultants during the preliminary design
phase of the Sewer Separation Projects. It is anticipated that our firm can provide insight
on the combined sewer system as a whole while the other engineering consultant focuses
on the specific sewer separation project area.
PERMIT COMPLIANCE
1. Permit Application Assistance
a. Coordinate with IEPA as the City's representative on any new or follow-up information
needed for renewal of the City's NPDES Permit Application. Advise the City on
alternatives, if applicable, during the permit development process.
b. Establish a detailed, step-by-step procedure for the City to follow in order to maintain
compliance with the NPDES Permit No. IL0070505 (Effective Date June 1, 2016). This
task includes the following items:
1. Assist the City in the completion of routine reports, specifically the annual fiscal
data report(required every January), the Long Term Control Plan update reports
(required every 6 months) and the Discharge Monitoring Reports (required each
month).
2. Coordinate with IEPA as needed to successfully complete and submit these
reports.
3. Review of system data, specifically the XP-SWMM hydraulic model, in order to
provide recommendations on potential Capital Improvements such as sewer
separation projects. This scope does not include the detailed design analysis of
the projects, as that task is typically part of a separate project.
C. Develop a file and filing system in the office of the City Engineer, sufficient to maintain
all aspects of CSO Permitting and encourage consistent file and project documentation
management. It is anticipated that the following types of information will be included:
Scope of Services: January 2018 to December 2018 Contract Year
ATTACHMENT A-AMENDMENT NO. 3
1. Electronic file back up of the computerized system map, including instructions
for loading and updating.
2. Detailed instructions on the documentation of violations, illicit discharges and
manhole inspections.
3. IEPA forms with instructions for their use
4. Copies of all pertinent IEPA permits
5. Copies of all compliance documentation
6. Minutes and agendas for all public meetings
7. Publications,industry literature,etc.that can be used to promote public education
on the combined sewer system.
d. Revise and resubmit the Pollution Prevention Plan,CSO Operation and Maintenance Plan
and the Capacity, Management, Operation and Maintenance (CMOM) submitted to the
Illinois Environmental Protection Agency during the 2016-2017 Contract Year. It is
anticipated that review comments will be received and meetings will be held to discuss
the reports. Any report revisions will be based on requirements or recommendations of
the IEPA.
Scope of Services: January 2018 to December 2018 Contract Year
i
Task ct-2018 Nov-2018 I Dec-20181 Total
SYSTEM MANAGEMENT
1. Manhole Inspection
a. Manhole Inspections I 0
b. System Map and Database Updates I p
GM 24 - 24 - - 240
l 10 24 100
FiE 24 24 _ 240
2. Sewer System Map Maintenance
3. MMS Database Maintenance 8
a. Update/Revised/Correct City System Map I i 0
b. Quality Control Lei 1 0
c. Update/Correct System Info. Attributes GI 6 g 12 108
d. Input Elevations & Slopes into GIS Database FiE
4. General Mapping Services
a. Mapping Support j 0
j 0
Le; 0
Gl- 0
Fie 0
5. Field Survey
a. Obtain Manhole Rim Elevations I i 0
8 24
Lei, 0
G I; I 0
Fie 16 16 I 160
SYSTEM EVALUATION
1. Discharge Monitoring Report Procedure
a. Update XP-SWMM Hydraulic Model I j j 40
b. Simulate Rainfall Events in Hydraulic Model I 16
c. Calibrate Model with Flow Metering Data Lec I 0
d. Tabulate Overflow Data (volume, duration, etc.) Gl, 0
e. Coordinate with Sewer Separation Projects Fie;
PERMIT COMPLIANCE
1. Permit Application Assistance
a. -Correspondence/Meetings with City aand IEPA 10 12 20 112
b. Permit Procedure Development i 0
c. General Project Coordination Lee , 0
GI I 0
Fie
c. Routine Reporting Requirements L 4 ( 2 2 I 50
Discharge Monitoring Report(DMR) i 0
Annual LTCP Updates Lea-j 0
GI 0
Fiel
d. Required Report Revisions L_ I 40
Pollution Prevention Plan I 0
CSO Operation & Maintenance Plan Lea I 0
CMOM Plan G S 15
Fieli
0
I
I
ATTACHMENT C—AMENDMENT NO. 3
PERSONNEL BILLING RATES & REIMBURSABL_ES
The proposed billing rates and reimbursable items for this project are summarized below:
Professional Engineer: $114/hour
Professional Land Surveyor: $114/hour
Manhole Inspection Supervisor $90/hour
(Engineer or Surveyor)
GIS Technician: $70/hour
Field Technician: $65/hour
Mileage: $0.535 per mile (based on 2018 IRS Standard Mileage Rate)
Tolls: Full reimbursement for all tolls incurred with 0% mark-up
Printing: Reimbursement of printing costs for full size system maps (w/aerial view) and
copies of permitting documents such as revisions to the Capacity,Management,
Operations and Maintenance (CMOM) Plan.
January 2018 to December 2018 Contract Year of the 2014 Combined Sewer Overflow NPDES Permit
Compliance Project
A;-rA�H M FrsT
AGREEMENT
THIS AGREEMENT is made.and entered into this'25th day of: June 20. 14 . ' by
and between the CITY. ELGliv, an`Illinois municipal corporation (hereinafter referred to as
"CITY") and R.K. Johnson &Associates, Inc:, an Illinois corporation (Hereinafter referred to-as
:ENGINEER").
.WHEREAS, the CITY:desires to engage the ENGINEER to furnish certain professional
services in`.connection with 2014 Combined: Sewer Overflow National Pollution Discharge. . .
Elimination System Permit Compliance Project-:(hereinafter referred to as the PROJECT);-and
WHEREAS, the ENGINEER-represents that.he is in 1compliance With Illinois Statutes
relating to.professional registration of individuals and has the necessary expertise and experience
to Ri nish such.services upon the terms and conditions set forth herein below.
NOW, THEREFORE; it is hereby agreed by and between the CITY and the ENGINEER
that the CITY does hereby retain the ENGINEER..for and in consideration:of the-mutual promises
and covenants..contained herein; the sufficiency of which is hereby.acknowledged.to act for and.
represent it in :the engineering:matters.involved in the PROJECT_as.described 1er,ein, subject to
the following terms and conditions and stipulations;to-wit
1. SCOPE OF SERVICES
A. All.work'hereunder shall be performed under the direction-of the Water Director:of
the CITY herein after referred to as the "DIRECTOR".
B. The ENGINEER shall provide assistance to coordinate with the EPA_on the
renewal process;to develop/revise and:implement programs.and record keeping
systems to insure compliance with the permit, to complete field inspections of
manholes and .miscellaneous. structures..iii the sanitary and combined sewer
system-ms,to.complete/update the maintenance.manage ment system database for the
sanitary and combined sewer systems and to input data,and correct/update mapping.
to reflect current growthand corrections.of existing.daia/mapping for.the sanitary
and combined.sewer systems.
C. A detailed Scope of Services is attached hereto as Attachment A.
2'. PROGRESS REPORTS.
A. An.outline.project milestone schedule is.provided hereinunder.
a, . Manhole Inspections: July—November 2014
b.: Map Maintenance: July 2014=May 2015
c. Discharge Monitoring Report s: July 2014—.June 20 15 . -
B. A detailed.project schedule for the Project`is.included as Attachment B, attached =
hereto: Progress will be re corded.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. prof ect schedule: A brief narrative will be provided identifying progress,
findings and.outstanding issues.
3:. WORK PRODUCTS
All work product prepared by•the_ENGINEER pursuant hereto.mi cluding,.but not limited
to,reports;.plans; 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, thaf the ENGINEER may retain.
copies of such work product for its records. ENGINEER'S execution.of this-Agreement
shall "constitute ENGINEER'S conveyance and assignment of all right, title and interest;-
including but not limited to any copyright interest, by the ENGINEERto the CITY of all
such-work product prepared by the ENGINEER pursuant.to:this Agreement. The CITY
hall have.the right either on its own.-or through such other engineers as determined by the.. .
CITY to utilize and/or amend:such work product.. Any such amendment to such work
"product shall be :at the .sole risk of the CITY. Such work product.is not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on .
any other:project, and such reuse shall be at the sole risk of.the CITY without liability or
legal.exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER-(Not To.Exceed Method)
A.' For :services provided the ENGINEER shall be paid at the direct hourly rate of
personnel employed on this PROJECT based.on the rate.schedule Attachment C,
- with the total fee not to exceed $99,520.00 regardless of the.,actual:costs.incurred
by the ENGINEER unless substantial modifications to the scope of.the work ate.
authorized in .writing by. Ahhe DIRECTOR and approved.by way of written .
amendment to this Agreement..
B. Reimbursable expenses are,listed in AttachmentC and are included within the total
fee amount not to exceed.$99;520:00 referred to in Section 4A hereof
D; The CITY shall_ make{periodic:payments to the ENGINEER based upon actual
progress within 30 days after receipt .and.approval of.invoice. :Said 1peri.odic,
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.
Estimated Schedule of Prog ress Pa yments
July 2014-.1_0%..
.
August 2014
— 15%.
September 2014=15%
October 2014— 15%
November.2014--10%`
December 2014— 5%
January 2015 -5%
February 2015 -5%
..March 2015 —:5%.
April 201.5.-5%
May,2015—5%_
June 2015—5%
5 INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress..
reports (2C 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 peri od, and for a -year- after termination of this
Agreement. :
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any ytime upon fifteen (15) days prior written notice to the ENGINEER. In the.event.that.
this Agreement'.is so terminated; the ENGINEER shall be .paid for:services actually
performed and reimbursable expenses actually_incurred.prior:to termination; except that
reimbursement shall not exceed°the task amounts set forth under Paragraph 4.above.
7. 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 5, shall be deemed
concluded.on:the date:the_CITY determines that all of.the.ENGINEER's work under this .
Agreemenf.is.:completed.'.A deteririination 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:
8: NOTICE OF CLAIM
If the:ENGINEER wishes to make_a claim:for additional compensation as.a result action
taken by-the:CITY, the ENGINEER shall give..written:notice of his claim-within J 5 days.
affter occurrence of such action: No claim for additional compensation shall be valid unless <
so made. Any.changes.in the EN.GINEER's fee shall be valid only to the extent that such
- 3 - .
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.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
-shall be deemed:to constitute a.default,- -and.the other party has the.right to seek such
administrative, contractual or legal remedies as may h suitable to the violation or breach;
and 'in addition;.if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the.other party to:comply.with the conditions of the Agreement,the other
parry may terminate this Agreement. Notwithstanding the.foregoing,.or anything else to
the contrary in this Agreement, with the sole exception of an action'to recover the monies
the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action
:shall be commenced :by the ENGINEER against the CITY for monetary. damages.
ENGINEER hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives anyand.all such rights to interest
which it claims it may otherwise be entitled pursuant to law, including, but not limited to;
the Local Government Prompt.Payment Act (50 ILCS.501/1;.et seq.), as amended;or the
111inois InterestAct(81.5 ILCS-205/l:,etseq.),as amended. The parties hereto further agree
that any action by the ENGINEER.arising out.of ithis Agreement must be filed within one
year of the.date the alleged cause of action arose or the.same will be `tune-barred. The
provisions of this:paragraph shall survive any expiration, completion and/or termination of
this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted bylaw, ENGINEER agrees to and shall_indemnify, defend
and hold harmless the CITY,its officers,.employees, agents,boards and.conunissions from
and against any and all:claims, suits,judgments, costs, attorneys fees; damages or`other
relief,.including but not limited to workers compensation claims,iri any way resulting from
or arising out of negligent actions or omissions of the ENGINEER in cormection herewith, .
including negligence or-omissions of.employees or agents,of the:ENGINEER-arising.out
of the performance--.6f this Agreement. :In the event of any action against the CITY; its
officers; employees,:agents, boards.or commissions, covered.by the foregoing duty -to
indemnify, defend and hold harmless:such action shall be defended by legal counsel of the
CITY's choosing. The provisions of this paragraph shall.survive any expiration and/or
termination of this Agreement. .
11. NO PERSONAL LIABILITY.
No official; director,:officer:*agent_or.employee of the CITY shall be charged:personally
or.held contractually liable under anyaerm,or.provisiori of this.Agreemerif or because'of
their execution, approval or.attempted execution of this Agreement.
4...
12. 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 with liunits.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 Certi-fication of Insurance"
naming the CITY as additional insured. The policy shall.not be modified or
terminated without thirty.(30) days prior written notice to the DIRECTOR.
The Certificate.of Insurance which shall include Contractual-obligation assumed by
the ENGINEER under Article 1:O entitled "Indemnification"shall be provided. -:
This insurance shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded.to the CITY....There shall be no endorsement
or"modification of this insurance to_make it excess over other available insurance,
alternatively,if the insurance states-that it is excess or prorated,it shall be endorsed
to be primary with respectto.the CITY:
B. Comprehensive"Automobile.Liability:. Comprehensive Automobile Liability
Insurance 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$1,00,0PO aggregate: "
D. Professional Liability. The ENGINEER shall: carry"Engineers Professional
Liability"Insurance.Covering.claims resulting from error,omissions or.negligent
acts with`a combined single-limit of.not less than $:1;000,000 per"occurrence.A
Certifi cate of Insurance. shall be;submitted to" the .DIRECTOR.as •evidence of
insurance protection. .The policy shall not be modified or terminated without thirty
(34) days prior wrifteii notice to the DIRECTOR.
13. CONSTRUCTION AWANS, 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 .fore safety.
precautions :and- .programs in connection. with. the construction, unless- specifically
identified;in the Scope of Services.
14.'.-> NONDISCRIMINATION
: _
5 "
In.all.hiring or employment made possible oftesulting 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,meritaLor
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
pfthis provision shall be.co.n.sidered'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.
15. :ASSIGNMENT AND SUCCESSORS .:
This.Agreement and each and every.portion thereof shall be binding upon the-successors
andahe assigns of the parties hereto;provided,however, that no.assignment.shall be Made
without the prior writtenconsent of the CITY.
16.: DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or.subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and`the ENGINEER shall remain liable to the CITY. .
With respect-to each and every item,condition and other provision hereof to the same extent
that the ENGINEER would have been obligated if it had.done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY's advanced written approval.
NO CO-PARTNERSHIP.OR AGENCY
This Agrment shall- not .be .construed so.as to; create a partnership, joint .venture;
employment or other agency relationship,between the parties hereto.
18. 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 field to be void or otherwise,.
unenforceable,,all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS. :..
The headings:of the several.paragraphs of.this,Agreement are inserted:only as a matter.of:
convenience and for reference and in noway are they intended to:define;limit or describe
_ _
6
the scope of intent of any provision of this Agreement,nor shall they be construed to affect .
in any manner the terns and provisions hereof or the interpretation or construction-thereof.-
20:. 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..
21. APPLICABLE LAW
This Agreement shall be deemed to have been. made in; `and shall be construed in
accordance with.the laws of the State of Illinois:-Venue for the resolution of any disputes:
or.the enforcement of any rights pursuant to this.Agreement shall be in the Circuit,Court
of Kane County, Illinois:
22. 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..
23. COOPERATION WITH OTHER.CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with-the PROJECT:
: 24. 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 .
25. 'SEXUAL HARASSMENT
Asa condition*.:of this -contract, the ENGINEER-.shall have written sexual harassment
policies that include, at.a minimum,the following information:
A.. the illegality of sexua.11arassnient;
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.
A copy of the policies .shall.be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2=105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program`:which meets or exceeds.the program requirements in the Substance
Abuse Prevention Public Works Project-Act at 820 ILCS 2651 ei seq. A copy of such
policy shall be.provided to the City's.Assistant City.Manager prior to-he entry into and
execution of this-agreement:
27.. WRITTEIN.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:
28. 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:
Kyla Jacobsen
Water.Director
City.of Elgin.
150 Dexter:Court
.-Elgin; Illinois 60120=5555
- 8 -
B. As.to ENGINEER:
Nicholas Becker, P.E.
R.K. Johnson&Associates; Inc.' .
1515.Windsor Road
Loves Park, IL`61 II I
29. COMPLIANCE WITH LAWS
Notwithstanding anN other provision .of this Agreement it :is. expressly agreed and
understood that in.connection with the.performance of this Agreement that.the.ENGINEER shall
comply with all.applicable:Federal, State,.City and other requirements ofaaw, including, but_not
-.limited to, any applicable,requirements regarding.prevailing.wages, minimum wage;workplace
safety and.tegal status-of employees. Without limiting the foregoing,ENGINEER hereby certifies,
represents and warrants10 the CITY that all ENGINEERS employees and/or agents who will be
providing products and/or services with respect_to.this Agreement shall be.legal residents of the
United States. ENGINEER shall also at its expense secure all.permits and licenses,pay all.charges
and.fees and-give all notices necessary and incident to the due and lawful prosecution of the work,
and/or the products:and/orservices.to be provided for in this Agreement.. The.CITY.shall have the
-right_to. audit any. records: in the: possession or control of.the ENGINEER to. determine
ENGINEER'S.compliance with the.pro visions.ofthis section: In the. event the CITY
proceeds- ..
with such an audit the ENGINEER shall make available,to the CITY the ENGINEER'S relevant
records at no cost to.the CITY. ENGINEER.shall pay any and all costs associated with any such.:
audit:
IN .WITNESS_. WHEREOF, the parties. hereto have 'entered into and :executed this
Agreemeinf effective as of the date and year first written above.
FOR THE.CITY: FOR THE.ENGINEER:
By By: `_ y
City Manager Name/Print: Nicholas Becker,P.E.
Title: Senior Civil Engineer
Att st:
City-.Clerk.
9..
AA"T'TACN M F� E-
AMENDMENT AGREEMENT.No. l
THIS AMENDMENT AGREEMENT No. 1 is hereby.made.and entered into this 14th
day Of October , :2015, by and..between.the City.of Elgin; Illinois; a municipal corporation:
(hereinafter referred to as.the"City"), and R.K..Johnson&Associates,Inc.,:an Illinois corporation_
(hereinafter.referred.to as."Engineer")..
)ATHEREAS.,the Cityand Engineer hereto have previously entered into an agreement dated
..June 25,'2014 (the "Original Agreement"), wherein the City engaged the'Engineer.to furnish
certain professional services in connection with the.2014:Combined`Sewer Overflow National
Pollution Discharge. Elimination :System Permit Compliance Project (hereinafter referred to as .
"Ori ginal
`Agreement"and the"Project"); and
WHEREAS, the_term of.the Original Agreement (included as Attachment."D") provides
for services from contract year beginning July 2014.and ending June 2019; and
WHEREAS, the Original Agreement.provided a detailed Project:Schedule only for the
contract year beginning July 2014 and.end'g June 2015; and
WHEREAS; the City.has:determined that the proposed scope of PROJECT should be
modified to include Engineering, Permit Compliance and Field Inspection activities for the
contract year July 2015 to June 2016:
- WHEREAS, the contract price for the Original Agreement:is $99,520.00, and the.cost for
the Engineering,Permit Compliance and-Field Inspection services July 2015 to June 2016 contract
year to be provided pursuant to.Amendment Agreement No. 1 is in the amount of$81,840.00
WHEREAS,.the changes. contemplated by this Amendment No. 1 are germane,to the
Original Agreement as signed; and this Amendment Agreement No. l:is in the best interest of the
City and is authorized by law:
NOW;THEREFORE,.for and in consideration of the mutual undertakings as provided herein, and
other good and valuable consideration,the.sufficiency of which.is hereby mutually acknowledged,
the partieshereto agree as follows:.
-1: The above.recitals are incorporated into and made a part of this agreement as if fully recited . .
hereby..
2. Section l C..the Original Agreement is.he, amended by adding the following to the and
thereof:
C. .ENGINEER shall also perform the.Services described in Attachment "A-1", entitled.
".Scope of Services, July 2015 to June 2016 Contract Year of the 2014 Combined
Overflow::NPDES.. Permit Compliance Project": No =Supplemental Services shall be
performed:by the ENGINEER. nor shall the. City. be responsible for payment of any: .;
Supplemental. Services .unless and.until such Supplemental Services are authorized in .
advance in wri ting by the City..
3: .. Section 2A of the Original Agreemenf is hereby amended to read as follows:
outline projectmilestone:schedule is provided hereinunder
a. Manhole Inspections: ..August 2.015 May 2016
b. -Map.&Database Maintenance: October 2015 —June 2016
c. Discharge Monitoring Report:. August 2015 =June 2016
4. Section 2B of the Original Agreementis.bereby amended by.addingthe following:to the
:end thereof. -
"A detailed project schedule for the Project forahe term of July 2015 through
J.une'2016 is included as Attachment B-1 .attached hereto. Progress.will be
recorded on the project schedule and submitted monthly as.a component of the
Status Report'described.in C below."
. 5. Section 4A of.the Original Agreement is.hereby amendeds by adding the:following to:the
end thereof:
"For services provided pursuant to Amendment Agreement No. l for the term
of July.2015 through:June_2.016 the. ENGINEER shall .be.paid at the direct;
hourly rate ofpersonnel employed on the PROJECT based on the rate schedule
in Attachment C, with a_total fee not to exceed$81,840 regardless.of the actual
costs incurred by the ENGINEER unless substantial modifications to the scope
of work are authorized in writing by the DIRECTOR and approved by way of:
written:amendment to this agreement."
6.: Section 4B of the-original Agreement is hereby amended by adding the following.ao the
end thereof..
"Reimbursable expenses.for the term of.July..2015 through June 2016: are
included within the total fee amount not. to. exceed $81;840:referred to in .
Section 4A hereof"
7. : Secti6ri4D of the Original Agreement is hereby ainendedby.adding`to-the end thereof
the following Estimated;Schedule of Progress Payments for the.term of J.u1y2015
through June 2016:
"E 'sh
mated Schedule of Progress Payments
July.2015 - 0%.
Au st 20T
5 _ 5% :..
gu
September 2015-. :10%'.
ctober.2015 10%
- %:` .
November 2015 . 10
December-2015 - 101/6
January 2016 - 5%..
:
February 2016 10% .
March 2016 10%
°
Apn12016- .. 10%.
May 2016- 10% -
June 2016 -
10%". .
8.. The changes provided_.to the Original Agreement, `as provided in..this Amendment
Agreement.No: 1 are.germane to the Original Contract, and this-Amendment Agreement
No. l is in,the best interests of the City.of Elgin and is authorized by law.
9.. That except as.amended in this Amendment.Agreement:No 1; the:_Original Agreement . .
shall remain in fal1.force and effect.
:10: That in the event of any conflict.between the terms of-the.Original Agreement and the.
provisions in this Arnendnient Agreement°.No. 1, the provisions_ of this. Amendment
Agreement No: 1'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 CONSULTANT .
oe
By:..
%r'00,0 By: .
Manager Its_Senior ivil Engineer
Attest: . Attest:
City lerk
ty Its Sec etary . :
F:V-egal Dept\AgreementUohnson RK-Amend#1-CSO NPDES Permit Compliance Services-clean:9-17-15.docz
N77-A C-H MENT .
AMENDMENT AGREEMENT No. 2
THIS AMENDMENT AGREEMENT No.2 is hereby made and entered into this 25th day
of August, 2016, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter
referred to as the"City"), and R.K. Johnson&Associates, Inc., an Illinois corporation(hereinafter
referred to as "Engineer").
WHEREAS,the City and Engineer hereto have previously entered into an agreement dated
June 25, 2014 (the "Original Agreement"), and amended said Agreement on October 14, 2015
("Amendment Agreement No. I"), wherein the City engaged the Engineer to finnish certain
professional services in connection with the 2014 Combined.Sewer Overflow National Pollution
Discharge Elimination System Permit Compliance Project (hereinafter referred to as "Original
Agreement"and the"Project"); and
WHEREAS, the term of the Original Agreement (included as Attachment "D") provides
for services from contract year beginning July 2014 and ending June 2019, and the term of .
Amendment Agreement No. 1 (included as Attachment "E") provides for services from the
contract year beginning July 2015 and ending June 2016; and
WHEREAS, the Original Agreement provided a detailed Project Schedule only for the
contract year beginning July 2014 and ending June-2015, and Amendment Agreement No. 1
provides a detailed Project Schedule only for the contract year beginning July 2015 and ending
June 2016; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include Engineering, Permit Compliance, Report Preparation (as required by. the
NPDES Permit) and Field Inspection activities for the contract year July 2016 to June 2017.
WHEREAS;the contract price for the Original Agreement is$99,520.00,the contract price
of Amendment Agreement No. 1 is $81,840.00, and the cost for .the Engineering, Permit
Compliance, Report Preparation and Field Inspection services July 2016 to June 2017 contract
year to be provided pursuant to Amendment Agreement No. 2 is in the amount of$109,100.00
WHEREAS, the changes contemplated by this Amendment No. 2 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 2 is in the best interest of the
City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided
herein, and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged,the parties hereto agree as follows:
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. The above recitals are incorporated into and made a part of this agreement as if fully recited
hereby.
2. Section 1 the Original Agreement is hereby amended by adding the following to the end
thereof:
C. ENGINEER shall perform the Services described in Attachment "A", entitled "Scope
of Services, July 2016 to June 2017 Contract Year of the 2014 Combined Sewer Overflow
NPDES Permit Compliance Project". No Supplemental Services shall be performed by
the ENGINEER nor shall the. City be responsible for payment of any Supplemental
Services unless and until such Supplemental Services are authorized in advance in writing
by the City.
3. Section 2 of the Original Agreement is hereby amended by adding the following for
progress reports for Amendment Agreement No. 2 to read as follows:
PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder
a. Manhole Inspections: September 2016—June 2016
b. Map &Database Maintenance: August 2016—June 2017
c. Discharge Monitoring Report: August 2016—June 2017
d. Report Updates*: September 2016-March 2017
e. New Report Preparation*: October 2017—May 2017
*Note: All Report Updates and New Report Preparation are based on specific requirements of
the NPDES Permit issued on June 42016.
4. Section 4 of the Original Agreement, is hereby amended by amending subparagraphs A
and B thereof and by adding a progress payment schedule and project schedule for
Amendment Agreement No. 2 as follows:
A. For services provided the ENGINEER shall be paid at the direct hourly rate of
personnel employed on the project based on the rate schedules attached to the
Original Agreement and Amendments No. 1 and 2, with the total fee for the
Original Agreement not to exceed $99,520.00, with a total fee for Amendment
Agreement No. 1 not to exceed $81,840.00 and with the total fee for
Amendment No. 2 not to exceed $109,100.00, regardless of the actual costs
incurred by the ENGINEER unless substantial modifications to the scope of
work are authorized in writing by the Director and approved by way of written
amendment to this Agreement.
B. Reimbursable expenses are listed in Attachment C and are included within the
total fee not to exceed amounts referred to in Section 4A hereof
C. The progress payment schedule for Amendment Agreement No. 2 term shall be as
follows:
Estimated Schedule of Progress Payments
July 2016 - 0%
August 2016 - 2%
September 2016 - 6%
October 2016 - 8%
November 2016 - 10%
December 2016 - 11%
January 2017 - 6%
February 2017 11%
March 2017 - 12%
April 2017 - 15%
May 2017 - 12%
June 2017 - 7%
A detailed Project Schedule for the Amendment Agreement No. 2 term has been
included as Attachment B.
5. The changes provided to the Original Agreement, as amended by Amendment Agreement
No. 1, as provided in this Amendment Agreement No. 2 are germane to the Original
Contract as amended by Amendment Agreement No. 1, and this Amendment Agreement
No. 2 is in the best interests of the City of Elgin and is authorized by law.
6. That except as amended in this Amendment Agreement No. 2, the Original Agreement as
amended by Amendment Agreement No. 1 shall remain in full force and effect.
7. That in the event of any conflict between the terms of the Original Agreement as amended
by Amendment Agreement No. 1 and the provisions in this Amendment Agreement No.2,
the provisions of this Amendment Agreement No. 2 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 CONSULTANT
By: By:__�%
City Manager Its Senior Civil Engineer
Attest: Attest:
City Clerk Its v creta