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HomeMy WebLinkAbout23-50 Resolution No. 23-50 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 2 WITH BAXTER& WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION ACTIVITIES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2020-2025 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 an Amendment Agreement No. 2 on behalf of the City of Elgin with Baxter & Woodman, Inc., for engineering, permit compliance and field inspection activities in connection with the NPDES Phase II storm water permit compliance project 2020- 2025, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 22, 2023 Adopted: March 22, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 2 THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this _ 22nd day of March ,2023 by and between the City of Elgin,Illinois,a municipal corporation (hereinafter referred to as the "City"), and Baxter & Woodman, Inc., Consulting Engineers., an Illinois corporation(hereinafter referred to as"Engineer"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated August 26, 2020 (the "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the NPDES Phase II Storm Water Permit Compliance Project 2020-2025 (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the term of the Original Agreement provided for services from contract year beginning August 2020 and ending August 2025; and WHEREAS, the Original Agreement provided a detailed Project Schedule only for the contract year beginning August 2020 and ending August 2021; and WHEREAS, the City and the Engineer have also previously entered into an Amendment Agreement No. 1 to the Original Agreement wherein the parties agreed to add additional services to be performed by the Engineer with a schedule for the contract year April 2022 through March 2023; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be further modified to include Engineering,Permit Compliance and Field Inspection activities for the contract year April 2023 through March 2024. WHEREAS,the contract price for the Original Agreement for the first year of services was $90,110.00. The contract price for the Engineering services from April 2022 through March 2023 provided pursuant to Amendment Agreement No. 1 was $94,932.00. The contract price for the Engineering services from April 2023 through March 2024 to be provided pursuant to Amendment Agreement No. 2 is$94,860.00. 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: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section 1C the Original Agreement is hereby further amended by adding the following to the end thereof- ENGINEER shall also perform the Services described in Attachment "A-2", entitled "Scope of Services April 1, 2023 through March 31, 2024". 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 2A of the Original Agreement is hereby further amended by adding the following to the end thereof: An outline project milestone schedule is provided hereinunder for the services to be provided pursuant to this amendment Agreement No. 2: a. Annual Facility Inspection Report: May 2023 b. Annual Program Review: December 2023 4. Section 2B of the Original Agreement is hereby further amended by adding the following to the end thereof: "A project schedule for the Project for the term of April 2023 through March 2024 is included as Attachment B-2 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 further amended by adding the following to the end thereof: "For services provided pursuant to Amendment Agreement No. 2 for the term of April 2023 through March 2024,the ENGINEER shall be paid at the direct hourly rate of personnel employed on the PROJECT based on the rate schedule in Attachment C-2,with a total fee not to exceed $94,860.00 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." 6. Section 4B of the Original Agreement is hereby further amended by adding the following to the end thereof- "Reimbursable expenses for the term of April 2023 through March 2024 are included within the total fee amount not to exceed $94,860.00 referred to in Section 4A hereof." 7. The changes provided to the Original Agreement, as provided in this Amendment Agreement No. 2 are germane to the Original Contract, and this Amendment Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law. 8. That except as amended in this Amendment Agreement No. 2, and as previously amended by Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 9. That in the event of any conflict between the terms of the Original Agreement, the terms of Amendment Agreement No. 1 and the terms of this Amendment Agreement No. 2, the terms of this Amendment Agreement No. 2 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 2 as of the date and year first written above. CITY OF ELGIN BAXTER&WOODMAN, INC. By: By: s City Manager Its Associate Vice President Attest: Attest: City Clerk Its Deputy Secretary Legal DeptWgreement\Baxter&Woodmand Amend Agr 2-NPDES 2020-2025-Clean-2-16-23.docx NPDES Phase II Storm Water Permit Compliance Project ATTACHMENT A-2 SCOPE OF SERVICES April 1,2023 through March 31,2024 1. 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 two (2) PROJECT meetings with the CITY in addition to the other meetings identified in this Scope of Services. The ENGINEER shall interface with various CITY departments, as may be necessary to complete the tasks included in this Scope of Services. 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. Monthly Status Report - Provide a monthly status report keyed to the PROJECT schedule to accompany the associated invoice. The monthly status report shall describe the tasks completed for the period, pending tasks with anticipated completion dates, and items the ENGINEER is waiting for the CITY to provide. 2. Stormwater Management Program Implementation 2.1 Public Education and Outreach Program a. Newsletter Articles—Prepare two (2) articles suitable for publication in the Elgin Neighbor Newsletter and/or website. Article topics will be coordinated with City staff and will be produced in English and Spanish. b. Outreach Activities—Attend up to three(3)CITY events, such as an Open House, Earth Day, or the Farmer's Market, to distribute flyers and speak with the public about stormwater pollution prevention.MS4 program information will be presented to the public. C. Classroom Education and Outreach Program—Coordinate up to two(2)classroom presentations by the Kane-DuPage Soil and Water Conservation District to educate students within the CITY. Provide one(1)educational presentation to a high school or community college class within the CITY. The presentations shall educate students about the impacts of stormwater runoff and the practices that can be used to minimize stormwater pollution. 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. 2.2 Public Involvement/Participation Program a. Stakeholder Meeting/Presentation—Perform up to(3)stakeholder group meetings or public presentations with watershed groups or other City department initiatives related to surface water quality and pollution prevention. b. Public Participation Events — Coordinate up to three (3) events 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. 2.3 Illicit Discharge Detection and Elimination Program a. Outfall Inspections—Perform field investigations for up to 240 known outfalls within the CITY to detect potential non-stormwater discharges,including illegal dumping, into the separate storm sewer system. High priority outfalls will be inspected. Identify any outfalls not already included on the CITY's storm sewer system atlas and ensure that these outfalls are 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 Business Inspections — Identify potential commercial and industrial businesses in the CITY. Conduct up to eight(8)new or 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 staff to 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. GIS Mapping Updates—Update the stormwater system GIS with new or corrected information. Updates will include new subdivisions, capital project improvements and modifications to existing infrastructure based on field observations. 2.4 Post-Construction Program Review a. Review Post-Construction program implementation elements of the CITY for compliance with MS4 permit requirements, including elements performed by Kane County or in coordination with the County.Provide a summary memo of findings and recommendations with respect to permit requirements. 2.5 Municipal Pollution Prevention/Good Housekeeping Program a. Employee Training Presentation—Provide up to four(4)educational presentations to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities that prevent pollution. b. Municipal Facility Inspections—Perform up to 12 pollution prevention inspections from the list of City facilities in the current stormwater pollution prevention plan. Provide a memo of any corrective action noted during the inspections. 2.6. Implementation, 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.CITY to provide annual report information outside of this scope of services. 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 ofthe CITY's NPDES Municipal Stormwater Program. Samples will supplement data available from other sources and will be collected on four(4)occasions throughout the year, during wet weather. This task includes the cost of water quality testing at a private laboratory. 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 NPDES Permit.Identify improvements that needto be made in 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 review the 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. e. Audit Preparation—Assist the City with preparing for a regulatory program audit(if performed). Assistance will include file and website material review, reporting review, facility evaluation and audit preparation recommendations, and assistance during the audit. Assistance with preparing an audit response letter will also be provided. NPDES Phase II Storm Water Permit Compliance Project 2020-2025 ATTACHMENT B-2 SCHEDULE FOR 2023-2024 (April 1, 2023 - March 31, 2024 DISTINCT TASKS COMPLETED IN / BY 1. Water Quality Monitoring#1 June 2023 2. Outreach Activity-Earth Day April 2023 3. Outreach Activity- Public Works Open House August 2023 4. Annual Facility Inspection Report June 1,2023 5. Water Quality Monitoring#2 September 2023 6. Outreach Activity-Farmer's Market July 2023 7. Newsletter Articles August 2023 8. Water Quality Monitoring#3 November 2023 9. Outfall Inspections 10.Municipal Facility Inspections November 2023 11.Post Construction Program Review 12.Stormwater Business Inspections 13.Water Quality Monitoring#4 April 2024 14. Employee Training Presentations 15. Environmental Justice Assessment 16. File Maintenance December 2023 17.Annual Program Review ONGOING TASKS 1. Project Administration As needed 2. Monthly Status Reports Monthly 3. Coordination Meetings with CITY 2 per year 4. Classroom Education Presentations by KDSWCD TBD S. In-Stream Education and Outreach by FOFR TBD 6. Public Participation Events by Various Stakeholder Groups / HOA TBD 7. Coordination with Other Entities As needed 8. Audit Preparation As needed 9. Revise Storm Sewer (GIS) Data When needed CITY OF ELGIN,ILLINOIS NPDES PHASE 11 STORM WATER PERMIT COMPLIANCE PROJECT 2020-2025 ATTACHMENT C-2 Hours Task 2023/24 ODC (Total 1.Project Management and Administration a.Coordination with City Project Manager 8 $ 230 $ 1,840 $ 100 $ 1,940 b.Project Administration $ - Project Manager 12 $ 230 $ 2,760 $ 50 $ 2,810 c.Coordination with Other Entities $ - Project Manager 8 $ 230 $ 1,840 $ 1,840 d.Monthly Status Report $ - Project Manager 12 $ 230 $ 2,760 $ 2,760 $ $ 2.1 Public Education and Outreach $ a.Newsletter Articles $ - Project Manager 5 $ 230 $ 1,380 $ 1,380 Marketing Assistant 12 $ 140 $ 1,680 $ 1,680 b.Outreach Activities $ Project Engineer 24 S 140 $ 3,360 $ 150 $ 3,510 c.Classroom Education and Outreach $ KDSWCD $ 2,500 $ 2,S00 d.In-Stream Education and Outreach $ FOFR $ 5,000 $ 5,000 2.2 Public Involvement and Participation $ a.Stakeholder Meeting $ Project Manager 12 $ 230 $ 2,760 $ 50 $ 2,810 Project Engineer 5 140 $ - $ - b.Public Participation Events $ - Project Manager 4 $ 230 $ 920 $ 920 Project Engineer 12 $ 140 $ 1,680 $ 200 $ 1,880 2.3 Illicit Discharge Detection and Elimination $ a.Outfall Inspections $ - Project Manager 8 $ 230 $ 1,840 $ 300 $ 2,140 Project Engineer 81 $ 140 $ 11,200 $ 11,200 b.Stormwater Hotspot Facility Inspections $ - Project Manager 12 $ 230 $ 2,760 $ 250 $ 3,010 Project Engineer `6 $ 140 $ 7,000 $ 7,000 c.GIS Mapping Updates $ - Project Manager $ 230 $ 460 $ 50 $ 510 Project Engineer 40 $ 140 $ 5,600 $ S,600 CITY OF ELGIN,ILLINOIS NPDES PHASE 11 STORM WATER PERMIT COMPLIANCE PROJECT 2020-2025 ATTACHMENT C-2 2.4 Post-Construction Stormwater Management Program $ a.Post Construction Program Review $ Project Manager 8 $ 230 $ 1,840 $ 1,840 2.5 Municipal Pollution Prevention $ - a.Employee Training Presentation $ - Project Manager 24 $ 230 $ 5,520 $ 100 $ 5,620 b.Municipal Facility Inspections $ - Project Manager 12 $ 230 $ 2,760 5 100 $ 2,860 Project Engineer 40 $ 140 1 $ 5,600 1 $ 200 1 5 5,800 2.6 Implementation,Monitoring,Record Keeping and Reporting $ - a.Annual Facility Inspection Report $ - Project Manager 8 $ 230 $ 1,840 $ 1,840 Project Engineer 20 $ 140 $ 2,800 $ 2,800 b.Water Quality Monitoring $ - Project Manager 8 $ 230 $ 1,840 $ 3,400 $ 5,240 Project Engineer 50 $ 140 $ 7,000 $ 7,000 c.Annual Program Review $ - Project Manager 4 $ 230 $ 920 $ 50 $ 970 Project Engineer 0 $ 140 $ - $ - d.File Maintenance $ - Project Manager ? $ 230 $ 460 $ 460 Project Engineer 0 $ 140 $ - $ - e.Audit Preparation $ - Project Manager 8 $ 230 $ 1,840 $ 100 $ 1,940 $ TOUT Hours Total 486 S 82,260 $ 12,600 $ 94,860