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HomeMy WebLinkAbout14-158 Resolution No. 14-158 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 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 an Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc. for engineering services in connection with the NPDES Phase II Storm Water Permit Compliance Project 2014-2018, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 5, 2014 Adopted: November 5, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 5th day of November , 2014,by and between the CITY OF ELGIN,an Illinois municipal corporation(herein after referred to as "CITY") and Baxter & Woodman, Inc., Consulting Engineers (hereinafter referred to as `ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the NPDES Phase H Storm Water Permit Compliance Project 2014-2018 (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,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 herein,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 Director of Public Services of the CITY, or his designee,herein after referred to as the"DIRECTOR". B. An outline scope of services is provided herein under. Permit Application Project Management and Administration Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Post-Construction Stormwater Management Municipal Pollution Prevention/Good Housekeeping Monitoring, Record Keeping, and Reporting Development of the Geographic Information System C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Permit Application October 2014 Annual Facility Inspection Report May 2015 Annual Program Review June 2015 BAXTER =�'JWOODMAN Consulting Englnee,s 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. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including,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, that 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 ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall 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 based on the ENGINEER's hourly rates of compensation for work time performed plus expenses. A listing of the ENGINEER'S 2014 Hourly Fees and Expense Items is attached hereto as Attachment C. The ENGINEERS' fee for the PROJECT shall not exceed$491,230 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR and approved by way of written amendment to this Agreement. B. The not-to-exceed fee amount for each year is provided herein under. i. 2014/2015 -$99,230 ii. 2015/2016 -$98,000 iii. 2016/2017 -$98,000 iv. 2017/2018 -$98,000 V. 2018/2019 -$98,000 The ENGINEER will proceed with the professional services for 2014/2015 as described in Attachments A and B, but will not proceed with the professional services for subsequent years without written authorization from the CITY. -2 - BAXTE R6 OODNAN Consulting Engineers C. 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 fees for outside services are included in the above-referenced not-to-exceed amount of $491,230. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the total contract amount, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 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 period, 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 time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under Paragraph 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 6,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. 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 - 3 - BAXTE OODMAN Consulting Engineers 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 be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. 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 any and 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 Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. 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, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY,its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. 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 any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. -4 - BAXTE OODMAN Consulting Engineers 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 limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 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 respect to 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$1,000,000 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 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. 13. 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. - 5 - BAXTE OODMAN Consulting Engineers 14. 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. 15. 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. 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. 17. 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. 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 held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. - 6 - BAXTE OODMAN RS(fic Engineers 19. 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. 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 5133E et seq. or any similar state or federal statute regarding bid rigging. - 7 - BAXTE OODMAN Consulting Engineers 25. 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. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 512-105. 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 26511 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. - 8 - BAXTE OODMAH Consulting Engineers 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: Joseph Evers City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Mark Phipps Project Manager Baxter&Woodman 8678 Ridgefield Road Crystal Lake, Illinois 60012 29. COMPLIANCE WITH LAWS Notwithstanding any 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 of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies,represents and warrants to the CITY that all ENGINEER'S 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/or services 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 provisions of this 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. - 9 - BAXTE R4! OODMAH Consulting Engineers IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY OF ELGIN: BAXTER WOODMAN, INC.: By: By: ean Stegall,City M er Steve A. Larson,P.E., President/CEO Attest: 14, 6 It�1,-f jaxoro�-O' Z�Z� l ` City Clerk Deputy Secretary L\Crystal Lake\ELGN0140661-NMES 2014-2018\Contract\ENGINEERING AGREEMENT.doc - 10 - BAXTE OODMAN Consulting Engineers ATTACHMENT A SCOPE OF SERVICES 1. Reports and Application of Permit a. Prepare the IEPA application for the CITY's upcoming permit. b. Submit all relevant documentation to the IEPA to ensure all conditions of the permit are met. C. Develop a step-by-step procedure for the CITY to follow for future compliance of the permit. The ENGINEER shall provide effort to complete these step by step procedures as a training tool for affected CITY staff. This would include working with IEPA to find out scope and specifics of work needed to be done for future compliance with the permit. d. Provide a monthly status report keyed to the project schedule to accompany the associated invoice. The monthly status report needs to provide a brief narrative of tasks completed for the period, pending tasks with anticipated completion dates, items waiting on the CITY to provide and when they are needed by and outstanding issues. 2. Project Management and Administration a. Coordination with CITY—Confer with the CITY, from time to time,to clarify and define the general scope, extent, and character of the PROJECT. This includes attending up to four(4)PROJECT meetings a year with the CITY in addition to the other meetings identified in this Scope of Services. The ENGINEER shall interface with the different CITY departments and divisions versus the Engineering Division acting as the go between. b. Project Administration — Plan, schedule, and control activities that must be performed to complete the PROJECT. These activities include, but are not limited to, budgeting, scheduling, scoping, and managing. C. Coordination with Other Entities — Coordinate with outside agencies and other CITY departments and consultants,including,but not limited to,Kane County,Kane- DuPage Soil and Water Conservation District,the CITY's Public Works Department, Water Department, Neighborhood Liaison Office, and the CITY's GIS and CSO consultants. Work with these entities to take advantage of existing programs,avoid duplication of effort, and ensure compatibility of documents and data. d. Coordination with CSO/SSO Programs—Coordinate PROJECT activities with the CITY's Combined Sewer Overflow (CSO) and Sanitary Sewer Overflow (SSO) BAXTE OODMAN Consulting Engineers Programs, where possible, to avoid duplication of effort and to take advantage of a combined effort. e. Review current ordinances and if necessary develop revisions for improving ordinances, develop violation and application forms and procedures for use by engineering and code inspectors. f. Demonstrate the ability to adjust their scope and services to accommodate any new or enhanced requirements resulting from the renewal of NPDES MS4 Permits, program effectiveness assessments, or recommendations of stakeholder groups to ensure the program stays in compliance with any new Permit requirements and the CITY's needs and expectations. 3. Stormwater Management Program Implementation 3.1 Public Education and Outreach Program a. Develop and provide staff to accomplish public education and outreach. The ENGINEER will need to prepare public information flyers, educational tools, perform speaking engagements and hold public meetings with all efforts specific to Elgin. The ENGINEER shall also coordinate between CITY Departments. b. Outreach Activity — Develop an educational presentation geared towards the CITY's community college and high school environmental clubs to prevent and reduce stormwater pollution and educate them on the workings of the stormwater system. C. Classroom Education and Outreach Program — Coordinate with up to three (3) elementary schools a year for the Kane-DuPage Soil and Water Conservation District to educate local students about the impacts of stormwater runoff and the practices that can be used to minimize them. d. In-Stream Education and Outreach Program—Coordinate with the Friends of the Fox River to educate and train elementary and middle school aged children about water quality. The Friends of the Fox River anticipates classroom contact with 550 Elgin students and another 600 will be collecting water quality data in local streams like Willow Creek in Lord's Park. e. Walk with the Mayor—Attend one(1)Walk with the Mayor and address questions related to the CITY's stormwater management program. 3.2 Public Involvement/Participation Program a. The ENGINEER shall develop and provide staff to accomplish public involvement and participation. The ENGINEER will need to prepare public - 12 - BAXTE ODMAN 6(mcp u lting Engineers information flyers,educational tools,perform speaking engagements and hold public meetings with all efforts specific to Elgin. The ENGINEER shall also coordinate between CITY Departments and act as the CITY's contact and participate in stakeholder groups. b. Stakeholder Meeting—Host one (1) stakeholder group meeting a year at the CITY with entities such as the Fox River Ecosystem Partnership, Tyler Creek Watershed Coalition,Friends of the Fox River,Elgin Climate Change Organization,and Kane- DuPage Soil and Water Conservation District to coordinate events and programs and avoid duplication of effort. C. Public Participation Events — Coordinate up to three (3) events a year with various stakeholder groups designed to involve the public in reducing the discharge of pollutants from the CITY's separate storm sewer system. Potential public participation events include stream cleanups,storm drain marking,tree planting,and water quality monitoring. 3.3 Illicit Discharge Detection and Elimination Program a. Outfall Inspections—Perform field investigations on up to 240 known outfalls within the CITY to detect potential non-stormwater discharges,including illegal dumping,into the separate stone sewer system. Identify any outfalls not already included on the CITY's stone sewer system atlas and ensure that these outfalls get added to the atlas. Coordinate with the CITY on any illicit discharge monitoring,tracking,and removal activities that may need to be conducted as a result of the outfall inspections. b. Stormwater Hotspot Facility Inspections — Identify potential commercial and industrial stormwater hotspots in the CITY. Conduct up to ten(10)new and follow- up site inspections at these facilities to identify potential sources of stormwater pollution,determine compliance with the NPDES Industrial Stormwater Program,if applicable,and recommend appropriate follow-up actions. If possible,conduct site inspections with CITY staffto provide training on the use of inspection procedures and field forms. Inspections may also be coordinated with representatives from the Fox River Water Reclamation District. C. Prioritization Plan — Develop a prioritization plan for outfall inspections and stonnwater hotspot facility inspections, placing a higher priority on outfalls and facilities with the greatest potential for non-stormwater discharges. The highest priority outfalls will be inspected annually and lower priority outfalls will be inspected once every five years. Stormwater hotspot facility inspections will be scheduled starting with the highest priority facilities and working down through the list. - 13 - BAXTE OODMAN Consulting Engineers 3.4 Post-Construction Stormwater Management Program a. Contact Information for Owners of Private BMPs — Organize and update contact information for homeowner associations using information provided by the CITY. b. Homeowner Association Outreach — Schedule one (1) on-site meeting with representatives of a homeowner association to inspect private stormwater BMPs and discuss proper maintenance and upkeep of the BMPs. 3.5 Municipal Pollution Prevention/Good Housekeeping Program a. Evaluate existing maintenance programs performed by the CITY like road salting, street cleaning, pipeline and catch basin cleaning. Based on that evaluation, the ENGINEER shall advise the CITY on changes needed in those programs and develop monitoring and documentation processes for same. The ENGINEER shall develop in house programs to remind, inform and encourage CITY staff to regulate and document municipal operations. b. Employee Training Presentation—Provide one(1)educational presentation to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities that prevent pollution. C. Municipal Facility Inspections — Inspect up to twelve (12) CITY facilities a year according to the Annual Inspection Procedures included within the Stormwater Pollution Prevention Plan for CITY Facilities. Site inspections will be performed with CITY staff to provide training on the use of inspection procedures and forms. 3.6. Monitoring, Record Keeping and Reporting a. Annual Facility Inspection Report (AFIR)—Prepare and submit an Annual Facility Inspection Report to the IEPA by the deadline dictated by the IEPA. b. Water Quality Monitoring—Collect samples from bodies of water such as the Fox River and Tyler Creek at four(4)strategic locations to evaluate the effectiveness of the CITY's NPDES Municipal Stormwater Program. Samples will supplement data available from other sources and will be collected on four occasions throughout the year,during wet weather. The samples will be tested by the CITY at the Riverside Water Treatment Plant. Prepare a written document describing the water quality monitoring procedures. C. Annual Program Review — Review the CITY's efforts to reduce the discharge of pollutants from its separate storm sewer system,protect water quality,and satisfy the applicable requirements of the Illinois Pollution Control Board Rules and Regulations and the Clean Water Act. Identify improvements that need to be made in - 14- BAXTE OODNAN Consulting Engineers subsequent years of the PROJECT in order to maintain compliance with the NPDES Municipal Stormwater Program,including any changes that may be necessary if the IEPA determines that the CITY will be regulated as a Phase I community. Provide the CITY with a summary of the recommended improvements. d. File Maintenance—The ENGINEER shall maintain,expand,file,clean,and generally update, an existing file system for the PROJECT in the office of the CITY and applicable related web page(s)by coordination with the CITY's webmaster. Said file shall be used to maintain all aspects of NPDES Phase H permitting. At a minimum,the CITY's file will include,copies of applicable NPDES Permits; Applicable forms and instructions for their use;Monthly status reports,Yearly compliance reports;backup computerized mapping with instructions for loading and updating; step-by-step instructions for enforcement of the CITY's erosion and sediment control, illicit discharge,and post-construction stormwater management ordinances;field forms and instructions for their use; documentation of participation in public meetings and presentations including meeting minutes/notes and follow up documentation of same; publications related to stormwater pollution prevention and reduction;publications for use in local newspapers and the CITY's newsletter; and any other documentation needed by the CITY to demonstrate compliance with the conditions of the NPDES Municipal Stormwater Program. 4. Geographic Information System(GIS) Continue to expand a computerized CITY wide storm sewer map(Atlas). The ENGINEER shall work with the CITY's Planning and ITS Departments to ensure the basemap is most current and detailed available. The base map provided by the CITY shall include streets and street names. The computerize map shall be compatible with the ArcMap 10.1 format of the existing GIS system. The ENGINEER shall work and cooperate with our GIS consultant to insure costs are included in the ENGINEER's contract that will pay for downloading/programming necessary to properly deliver the mapping and inspection information to the CITY. Updates will include new subdivisions, capital project improvements and modifications to existing infrastructure based on field observations. a. The ENGINEER's map shall include all information and attributes covered in the existing geodatabase including the following: i. Structures(manholes, catch basins, inlets, flared end sections) ii. Pipe systems&sizes(each size to a layer) iii. Storm Water facilities(detention ponds,wetlands) iv. Basin limits V. Contours(T) b. Web-Based Mapping Application — Develop an effective web mapping desktop application with a rich user interface and easy to use navigation. The initial application will be developed for GIS access to the CITY's storm sewer - 15 - BAXTE OODMAN Consulting Engineers infrastructure and can be easily expanded to include other CITY data layers. The application will be developed with proven technology and a standard approach utilizing ESRI's ArcGIS Server and ArcSDE and also Latitude Geographic's Geocortex Essentials Silverlight viewer. The application will be hosted on the ENGINEER's dedicated GIS servers. This task will be completed during the first year of the PROJECT. Ongoing fees are associated C. Mobile Application — Create a mobile GIS application allowing CITY staff to interface and edit GIS attribute data in the field. This application will be developed utilizing ESRI's ArcGIS Server, ArcSDE, Geocortex Essentials, and HTML 5 technology. d. Sewer Televising Linkage to GIS—Set up and configure a GIS data layer for linking digital sewer televising files to the corresponding features. Link files for up to twenty (20)videos to the CITY's GIS. The CITY will provide the ENGINEER with digital video files and related documents. - 16 - BAXTE ODMAN 6(mcp u lting Engineers Attachment B r PROJECT SCHEDULE We have developed a schedule for year 1 of the NPDES Phase II Storm Water Permit Compliance Project,and a schedule for years 2-5 of the project. Task Month Complete Municipal Facility Inspections October --------------------------------------- --------- Outreach Activity October IEPA Application —-- -------------- --- ---------- - October ------ -- --- -- --- ----- - - --- Prioritization Plan _ _ + October Outfall Inspections November Water Quality Monitoring November ------------------------------------ Educational Presentation November Classroom Education _ _ November Employee Training Presentation November Written Procedures — December Review Ordinances December "4 Sewer Televising Linkage to GIS December m Stakeholder Meeting January >' Stormwater Hotspot Facility Inspection February Water Quality Monitoring February In-Stream Education -------- ---- — ------------ April ------ Outreach Activity April - -- --------- --- --- --- _..----------------- Web-Based Mapping Application and Mobile Application April Walk with the Mayor May Annual Facility Inspection Report May Water Quality Monitoring May ---- ------------ -._ ... __.__._.------------- Contact Information for Owners of Private BMPs ! June Annual Program Review June Homeowner Association Outreach Jul Water Quality Monitoring August — _ __ --------- - ----------------------- _--= ----------------- Throughout Year 1: • Monthly Status Reports • Coordination with City,Other Entities,CSO/SSO Partners • Project Administration • File Maintenance • Submit Relevant Documentation to the IEPA City of Elgin BAXTE ODMAN NF'DES Permit Compliance. Pwy i 2014 2018 • 140661.10 cpult,ng Engineers IV, Task Month Complete -- -- -------- ---------- - Municipal Facility Inspections October Outreach Activity October Outfall Inspections November Water Quality Monitoring November - - ------ - - ---- - ------ - -- -� - ---------------- - Educational Presentation 1 November Classroom Education November Employee Training Presentation t November Sewer Televising Linkage to GIS December NStakeholder Meeting - - IJanuary_ H Stormwater Hotspot Facility Inspection t February Water Quality Monitoring - _ - February -- In-Stream Education ------- - ------ - April -- - Outreach Activity April Walk with the Mayor May --- ---_. _ .-- - - - --------------- Annual Facility Inspection Report May Water Quality Monitoring May Contact Information for Owners of Private BMPs 1 June Annual Program Review June Homeowner Association Outreach July Water Quality Monitoring August Throughout Years 2-5: • Monthly Status Reports • Coordination with City,Other Entities,CSO/SSO Partners • Project Administration • File Maintenance • Submit Relevant Documentation to the IEPA • Revise Storm Sewr Data • Hyperlink Record Drawings and Outfall Inspection Data • Add Storm Sewer Data City of Elgin BAXTE OODMAN NPGtS Per not C�i„pliance 1"iolect 2014 7018 • 740661.70 �onsu,t,ng Engineers CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 ATTACHMENT C BAXTER&WOODMAN, INC. 2014 HOURLY WAGE RATES FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY WAGE RATES Principal $50 to $70 Senior Engineer III to IV $48 to $68 Senior Engineer I to II $37 to $48 Engineer III to IV $35 to $40 Engineer II $32 to $36 Engineer I $23 to $27 Engineering Technician III to V $36 to $54 Engineering Technician I to II $17 to $36 CAD/GIS/Survey Technician III to IV $34 to $51 CAD/GIS/Survey Technician I to II $24 to $34 Clerical 11 $29 to $45 Clerical $19 to $34 Support Manager $55 to $60 Hourly rates for Resident Project Representatives do not include any overtime. In the event that the contractor works more than eight(8)hours on any weekday or works any time on Saturdays,Sundays or holidays,during which time Resident Project Representatives are required to be present, hourly rates are increased by one-and-a-half times for more than eight(8)hours on any weekday and all time on Saturdays,and are increased by two(2)times on Sundays and holidays. General and employee overhead is 176%of employee compensation. Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by the U.S.Internal Revenue Service. Company-owned/leased vehicle usage will be reimbursed at a rate of$65.00 per diem or$32.50 per half diem. Global Positioning System Survey Equipment Usage is$60/hour. Savannah Rain Logger usage is$10/day. Traffic Counters$50/day. Sub-consultant costs will be reimbursed at their invoice costs plus 15% Revised 2013-12-09,162DRM 1:\Crystal Lake\ELGNC\140661-NPDES 2014-2018\Contract\Standard Billing Rates&Expenses.xlsx,Standard Wage 2014