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07-321 Resolution No. 07-321 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER& WOODMAN, INC. FOR PROFESSIONAL SERVICES (NPDES Phase II Storm Water Permit Compliance Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Baxter and Woodman, Inc. for professional services in connection with NPDES Phase II Storm Water Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk -J AGREEMENT THIS AGREEMENT, made and entered into this ` 1\day of1Z(Q,M101,- 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter 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 NPDES Phase II Storm Water Permit Compliance Project 2007-2013 (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree that the CITY does hereby retain the ENGINEER to act for and represent the CITY in the engineering matters involved in the PROJECT as set forth herein subject to the following terms conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. A detailed Scope of Services is attached hereto as Attachment B. II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Notice to Proceed November 2007 Submit Permit Application February 2008 Complete Soil Erosion Inspection Procedures May 2008 Complete Illicit Discharge Procedures May 2008 Complete Dry Weather Field Investigation Procedures May 2008 Complete Detention Basin Investigation Procedures May 2008 Deliver and Install Updated GIS Data, CASSView & CASS WORKS May 2008 Deliver Public Education Materials June 2008 Complete Draft Amendments to City Ordinances August 2008 Complete Training Recommendations Spring 2009 Complete Maintenance Program Recommendations Fall 2009 BAXTER I WOODMAN - 2 - B. A detailed project schedule for the PROJECT is included as Attachment C, 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. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. The City shall reimburse the ENGINEER for professional services described in Attachment B based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. A listing of the ENGINEERS' 2007 - 2013 Hourly Fees and Expense Items is attached hereto as Attachment D. The ENGINEERS' fee for the PROJECT shall not exceed $579,229 regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. B. The not-to-exceed fee amount for each year is provided herein under. i. 2007 - $22,950 ii. 2008 - $144,608 iii. 2009 - $97,422 iv. 2010 - $100,986 v. 2011 - $104,721 vi. 2012 - $108,542 The ENGINEER will proceed with the professional services for 2007 and 2008 as described in Attachments A and B, but will not proceed with the professional services for subsequent years without written authorization by the CITY. 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 are included in the above-referred amount of$579,229. BAXTER i WOODMAN - 3 - D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the total contract amount, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (II.0 above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement 4- shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEE is given a notice to proceed and, unless terminated for cause or pursuant to Article , 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. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. BAXTER Pr% 411Li WOODMAN - 4 - IX. 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. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any 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. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X 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 BAXTER Pr. WOODMAN - 5 - modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $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. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. BAXTER WOODMAN - 6 - XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision 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. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII.SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. BAXTER Pr% WOODMAN - 7 - XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII.COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. B A X T E R 1 WOODMAN A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOE EVERS, P.E. City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DARREL GAVLE, P.E. Baxter& Woodman, Inc. 8678 Ridgefield Road Crystal Lake, Illinois 60012 BAXTER Pr. 1 WOODMAN • - 9 - IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By 4111161441ALk, City Clerk City ariager (SEAL) For the ENGINEER: Dated this 3/-day of D c 4ci , A.D., 2007. ATTEST: BAXTER& WOODMAN, INC. By/ '� �'/ By 41/a4z,e,-,0e, Deputy Secretary President (SEAL) June 2002 Std Agmt I:\ELGNC\070914-NPDES Phil Assist\10-Proposal\INITIATION\NPDES Phase 11 Agreement 07-13.doc BAXTER 4 WOODMAN CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT A PROJECT DESCRIPTION 1. NPDES Permit Renewal 2. Public Education and Outreach on Stormwater Impacts 3. Public Involvement and Participation 4. Illicit Discharge Detection and Elimination 5. Storm Sewer Map 6. Construction Site Stormwater Runoff Control 7. Post-Construction Stormwater Management 8. Pollution Prevention/Good Housekeeping for Municipal Operations 9. Annual Facility Inspection Reports NPDES Permit Renewal includes review of the CITY's existing stormwater management program, along with preparation and submittal of the documentation necessary for the CITY to obtain a new NPDES Permit from the IEPA in 2008. Public Education and Outreach on Stormwater Impacts includes preparation of educational materials and public speaking engagements. Public Involvement and Participation includes public speaking engagements and attendance at stakeholder group meetings. Illicit Discharge Detection and Elimination includes review of current CITY ordinances and policies, development of procedures and forms, dry-weather outfall inspections, and site inspections with CITY staff for training purposes. Storm Sewer Map includes updating the CITY's existing storm sewer map with as-built information from the CITY and base data from Kane and Cook Counties, along with IMS database additions, coordination with the CITY's CassView consultant, and storm sewer structure inspection. BAXTER W.4 - 1 - WOODMAN Construction Site Stormwater Runoff Control includes review of current CITY ordinances and policies, development of procedures and forms, and annual training of CITY staff. Post-Construction Stormwater Management includes review of current CITY ordinances and policies, development of procedures and forms, and detention basin inspections. Pollution Prevention/Good Housekeeping for Municipal Operations includes review of current CITY practices, recommending changes to current CITY practices, and development of procedures. Annual Facility Inspection Reports include preparation and submittal of an annual report summarizing the status of the CITY's compliance with its permit conditions, and the activities planned for the next year. I:\ELGNC\070914-NPDES PhI1 Assist\10-Proposal\INITIATION\070914.90 Attachment A Project Description.doc BAXTER Pre - 2 - WOODMAN CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT B SCOPE OF SERVICES 1. GENERAL AND ADMINISTRATION • Coordination with CITY — Confer with CITY Staff, from time to time, to clarify and define the general scope, extent and character of the PROJECT. This includes up to four (4) PROJECT meetings per year with the CITY in addition to other meetings identified in the scope of services. • Project Administration — Plan, schedule, and control activities that must be performed to complete the PROJECT. These activities include but are not limited to budget, schedule, scope and performance. • Kick-off Meeting — Conduct a kick-off meeting with the CITY to review the PROJECT objectives and goals. Develop a list of needed information, lines of communication and verify the PROJECT schedule. 2 NPDES PHASE II IMPLEMENTATION • NPDES Permit Review — Review the CITY's existing NPDES Phase II program with respect to the current and proposed requirements and make suggestions as needed to maintain compliance with the program. Provide the CITY with a summary of the step-by-step procedures for maintaining compliance with the NPDES permit requirements. Present the procedures to affected CITY staff. • NPDES Permit Renewal —Prepare and submit the documentation necessary for the CITY to obtain a new NPDES Phase II permit from the IEPA in 2008. The new permit will cover the five-year period between March 2008 and February 2013. • Coordination with Other Agencies/Departments/Consultants — Coordinate NPDES Phase II implementation with other CITY Departments, consultants and outside agencies, including (but not limited to) City of Elgin Planning and MIS Departments, Kane County, Kane-DuPage Soil and Water Conservation District, the CITY's CASSView consultant (RJN Group, Inc.), and the CITY's CSO consultant. Work with other entities to take advantage of existing programs, to avoid duplication of effort and to ensure compatibility of documents and data produced with existing systems. BAXTER W%- 1 - WOODMAN • Educational Materials — Prepare and provide the CITY with stormwater pollution prevention flyers, educational tools, and articles suitable for publication in the CITY's newsletter. Coordinate with Kane County officials and other agencies to utilize similar materials where available to avoid duplication of effort. • Speaking Engagements—Make up to three (3) stormwater pollution prevention presentations per year at City Council Meetings or at special events such as the Annual Construction Meeting and the Neighborhood Network Program. • Stakeholder Meetings — Attend up to three (3) stakeholder group meetings per year with entities such as Kane-DuPage Soil and Water Conservation District, Friends of the Fox River, and Fox River Ecosystem Partnership. • Kane-DuPage Soil and Water Conservation District Inspection Proposal — Contact the Kane-DuPage SWCD regarding a past proposal to provide the CITY with inspection services. Review the status and content of the proposal and advise the City Council as to the merits of entering into such an agreement. If the CITY chooses to pursue the proposal, assist the CITY in negotiating a final agreement with the Kane-DuPage SWCD. • Ordinance Review — Review current CITY ordinances and draft amendments as may be necessary to meet the conditions of the NPDES Phase II permit. • Illicit Discharge Detection and Elimination Program — Review the CITY's current policies and procedures related to detection and elimination of illicit discharges to the storm sewer system. Develop application, inspection and violation procedures and forms for use by the CITY's Engineering and Code Enforcement Departments. • Illicit Discharge Field Inspections/Training — Obtain IEPA records regarding NDPES Industrial Stormwater Discharge permits issued in the City of Elgin. Conduct up to fifty (50) field inspections of industrial/commercial properties to determine compliance with CITY and IEPA requirements of the NPDES Stormwater permit program. Conduct inspections with CITY staff to provide training in the use of the procedures and forms. Inspections may be coordinated with representatives from the Fox River Water Reclamation District. Identify and provide other training to CITY staff as may be necessary to fully implement the Illicit Discharge Detection and Elimination program. • Soil Erosion and Sediment Control Program — Review the CITY's current policies and procedures related to soil erosion and sediment control. Develop application, inspection and violation procedures and forms for use by the CITY's Engineering and Code Enforcement Departments. Identify and BAXTER pins - 2 411 - WOODMAN provide annual training to CITY staff as may be necessary to implement the Soil Erosion and Sediment Control program. • CITY NPDES File Maintenance — Update and maintain the CITY's existing NPDES Phase II file. At a minimum, the CITY's file will include backup computerized mapping with instructions for loading and updating; step by step instructions for violations in terms of soil erosion, illicit discharges, and inspections; forms and instructions for their use; copies of NPDES Phase II permits; documentation and follow-up for public meetings and presentations; publications related to stormwater pollution reduction tailored for residents/developers in the City of Elgin; publications for use in local paper and the CITY's Spirit newsletter; and any other documentation needed by the CITY to demonstrate compliance with the conditions of the NPDES Phase II permit. • Municipal Operations Review — Evaluate the CITY's existing maintenance programs, such as road salting, street cleaning, storm sewer and catch basin cleaning, and advise the CITY of any changes to the existing programs that may be necessary to meet the conditions of the NPDES Phase II permit. Develop monitoring and documentation procedures for the CITY's maintenance programs. Develop and present programs to remind, inform, and encourage CITY personnel to regulate and document municipal operations. • Outfall Inspections — Perform yearly dry-weather field investigations of the CITY's known outfalls. Verify ownership of outfalls and identify outfalls not shown on current atlas. Coordinate with CITY on illicit discharge investigations that may result from the outfall inspections. • Storm Sewer Structure Investigation—Perform inspections of up to 900 storm sewer structures per year, as directed by the City, to verify that the City's as- built data is approximately correct and to provide a basic assessment of the condition of the structure. Any illicit or potentially illicit discharges found while performing storm sewer structure investigations will be reported to the City. • Detention Basin Inspections — Perform inspections of each of the CITY's detention basins once per permit cycle within the term of the NPDES Phase II permit. These inspections will help determine if the detention basins have been adequately maintained or if additional maintenance is necessary. • CSO/SSO Program Coordination — Review NPDES Phase II activities with respect to current or proposed activities for the Combined Sewer Overflow and BAXTER - 3 4111111114 WOODMAN proposed Sanitary Sewer Overflow programs to avoid duplication of effort and to take advantage, where possible, of combining activities. • Annual Facility Inspection Report (AFIR) — Prepare and submit an Annual Facility Inspection Report to the IEPA each year, by the deadline dictated by the IEPA. 3. GEOGRAPHIC INFORMATION SYSTEM • Attend Project Meetings — Our GIS Manager will attend up to two (2) quality control meetings to review the storm sewer system GIS data updates and processing results and up to two (2) quality control meetings to review the IMS database product and CASS WORKS updates. • GIS Base Data — Coordinate with Cook and Kane County on behalf of the CITY to obtain the most up-to-date GIS base data. Provide the CITY with the periodic updates of the County's data, allowing the CITY's basemap GIS to remain current. This will allow the CITY to utilize the GIS data and resources offered by the County GIS to aid in the development and processing of GIS data. Process the County data and update the CITY's existing base data. Utilize the newly acquired base data to update and develop the additional data within the storm sewer system data layers. Also obtain and analyze existing CITY GIS (base and storm sewer datalayers) pertaining to the CITY's existing storm sewer atlas consisting of, but not limited to, County basemap data, existing storm sewer structures, storm sewer pipes, storm sewer facilities, and storm sewer inspection boundaries. The CITY will provide Baxter & Woodman, Inc. with one (1) hard copy of the existing storm sewer system atlas. • Obtain All Available As-Built Information for Improvements made since December 2006 — The CITY will provide Baxter & Woodman, Inc. with all related documentation including but not limited to as-built drawings and record drawings pertaining to the storm sewer system improvements within the CITY dating back to December 2006. • Coordinate/Design Data for CASS WORKS and CASSView with RJN Group, Inc. — Coordinate with RJN Group, Inc. on the design, structure, and overall needs of the updated and created storm sewer system data developed as part of this PROJECT. This coordination will be provided to ensure the structure and design of the datasets will allow all of the PROJECT data to be updated and populated within CASS WORKS and CASSView. RJN Group, Inc. will load and populate the created data within the CITY's existing CASS WORKS and CASSView applications as part of this PROJECT. BAXTER W. - 4 - _ WOODMAN • Create, Update, and Develop Storm Sewer Data within the CITY's Existing GIS — Expand the existing storm system map through the addition of the storm sewer structures, mains and laterals for the existing and new subdivisions accepted by the CITY since December, 2006. All information will be added based on the as-built information on record and provided by the CITY. All GIS data created will be in ESRI Geodatabase or shapefile format accessible through ArcGIS (ArcINFO and ArcView). • Coordinate Update for CASS WORKS and CASSView with RJN Group, Inc. — Build, design, and update the CITY's existing storm sewer GIS with the assistance and guidance of RJN Group, Inc. to ensure the compatibility of the data with the CASSView GIS viewer currently utilized by the CITY. All data created as part of this PROJECT will be included and updated within CASSView and installed on the CITY's system. The GIS datalayers to be included in the maps are listed below (additional available datalayers can be included at the request of the CITY): o Roads o Street names o Manholes &Manhole Numbers o Sewer Mains o Pipe Sizes o Sewer Basin Limits • IMS Database Additions — Utilize as-builts, record drawings, and/or existing GIS basemap datalayers to build, design and update the CASS WORKS database for each of the storm sewer structures and mains created as part of this PROJECT. Obtain assistance from RJN Group, Inc. to ensure the correct data structure is utilized. All data created as part of this PROJECT will be updated and loaded into the CITY's CASS WORKS application and installed on the CITY's system. The IMS database additions and updates to be included in the maps are listed below: o Manhole Number o Sewer main Upstream & Downstream Manhole Numbers o Street name where feature is located o Street Address nearest each Manhole o From-To Cross Street Names for Mains o Pipe Size o Pipe and manhole materials of construction o Construction Date B A X T E R - 5 - WOODMAN o Sewer Depth • Database Linkage — Complete an electronic link for all structures, laterals, and mains created and processed as part of the GIS data updates. Through the use of unique identifiers within the attribute table we will link the inventory database with the GIS data created as part of this PROJECT. This linkage will allow the inventory information created in the PROJECT to be viewed within the CITY's GIS. Also coordinate with RJN Group, Inc. to ensure the CASS WORKS database and CASSView GIS Viewer support the linkage. Development of the database linkage will be a cooperative effort of the GIS and database development of Baxter& Woodman, Inc. and the design parameters of RJN Group, Inc. • Data "Scrubbing" and Discrepancy Resolution — Work with CITY staff to resolve any question areas and/or issues related to the population of data. This process will also entail QA/QC procedures provided by one of our GIS specialists to ensure the accuracy of the developed system. This process will help to ensure the overall accuracy and quality of the data. Provide the CITY with a summary of discrepancies within the existing databases for budgeting for future resolution. • Finalize Data and Create ESRI-Compatible Deliverable Data Sets — Create an ESRI Version 9.2 GeoDatabase or ESRI Shapefiles representing the spatial and relational data created. This data will be seamlessly integrated into the CITY's existing GIS. Provide CITY with bi-monthly PROJECT updates of the areas completed. As part of the updates, question areas and discrepancies in the data will be addressed ensuring a timely completion. Also provide the CITY with five (5) copies of a large storm sewer system atlas showing the updated GIS data in a 36" x 42" layout, as well as five (5) 11-inch by 17-inch atlas books (50-100 scale) of the storm sewer system. Provide electronic copies of the large scale atlas and the atlas book in Adobe .pdf format. All data created and processed as part of this PROJECT will be delivered digitally to the CITY. The CITY's existing GIS, CASSView Application, and CASS WORKS application will be updated and loaded with the newly created information. • Provide On-Site Installation Training — Our proposed PROJECT scope includes four (4) half-days on-site, customized installation and training sessions with our GIS Manager on the use and function of the new information. Additional training and installation on the function and use of the BAXTER WTI WOODMAN newly created data as it pertains to and is utilized within CASSView and CASS WORKS will be provided by a representative from RJN Group, Inc. BAXTER Irre - 7 - 41110 WOODMAN • CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT C PROJECT SCHEDULE TASKS DATE • Notice to Proceed November 2007 • Meet with City December 2007 • Obtain Existing City GIS Datalayers and County Base Data • Obtain and Review all Existing Available As-Build Information for January 2008 Improvements from December 2006 • Submit Documentation to IEPA for NPDES Phase II Permit • Meet with the City to Discuss the As-Built Review Results February 2008 • Coordinate with RJN Group, Inc. to Establish GIS Data and Database Structures and Linkages • Meet with City to Discuss Public Education Materials, Existing Ordinances, March 2008 and Inspection Procedures • Contact the Kane-DuPage Soil and Water Conservation District (KDSWCD) • Create and Update the City's Existing Storm Sewer GIS April 2008 • Establish Database Linkages and Populate CASSView and CASS WORKS • Complete Soil Erosion Inspection Procedures and Forms • Complete Illicit Discharge Procedures and Forms • Complete Dry Weather Field Investigation Procedures and Forms May 2008 • Complete Detention Basin Investigation Procedures and Forms • Deliver and Install Updated GIS Data, CASSView and CASS WORKS • Provide the City with Public Education Materials June 2008 • Report to the City Council Regarding the KDSWCD Proposal • Complete Draft Amendments to Existing City Ordinances August 2008 • Meet with City to Discuss Training Needs Fall 2008 • Complete Training Recommendations Spring 2009 • Meet with City to Discuss the Existing Maintenance Program • Complete Maintenance Program Recommendations Fall 2009 BAXTER P. WOODMAN 4 ONGOING TASKS DATE • Coordinate with City 4 per year • Project Administration As needed • Coordinate with City Consultants As needed Beginning 2007 • Coordinate with City Departments and Divisions As needed • Coordinate with Kane County Officials As needed • Maintain and Update City's NPDES Phase II File As needed • Make Stormwater Pollution Prevention Presentations 3 per year • Meet with Stakeholder Groups 3 per year • Perform Soil Erosion and Illicit Discharge Inspections 50 per year • Perform Dry Weather Field Investigations of Outfalls 2 per year Beginning 2008 • Perform Storm Sewer Structure Investigation 900 per year • Perform Detention Basin Investigations 2 per permit cycle • CSO / SSO Program Coordination As needed • Submit Annual Facility Inspection Report to IEPA 1 per year • Update City's GIS County Base Data Yearly, as needed Beginning 2009 • Evaluate and Revise Inspection Procedures As needed \\BWFile\BW\PRJ\ELGNC\070914-NPDES Phil Assist\10-Proposal\INITIATION\070914.90 Attachment C Project Schedule.doc BAXTER - 2 - WOODMAN CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT D BAXTER & WOODMAN, INC. 2007 BILLING RATES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES The ENGINEERS' 2007 Hourly Fees and Expense Items are listed below. The Engineers will adjust the hourly rates on or about January 1 of each subsequent year and will send the new schedule to the Village when available. EMPLOYEE CLASSIFICATION HOURLY BILLING RATES Principal $154 Senior Engineer $104 to $138 Planner $102 to $138 Construction Manager, Sr. $100 to $124 Resident Project Representative, Sr. $94 to $112 Engineer $82 to $108 Designer $104 Water/Wastewater Operations $104 Construction Manager $80 to $100 Resident Project Representative $90 to $100 Staff Engineer $72 to $86 CADD Operator $60 to $86 Resident Project Representative, Jr. $70 to $80 Surveyor/Technician, Sr. $80 Surveyor/Technician $48 to $80 Administrative Assistant $70 Secretary $30 to $58 Technician $48 to $68 Hourly Billing Rates include direct and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Mileage Charges — Same as the Mileage Charge set by the U.S. Internal Revenue Service. Global Positioning System Survey Equipment Usage is $60/hour. Trimble Robotic Survey Equipment Usage is $48/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. A X T E R Traffic Counters $50/day. iirB � _� I:\ELGNC\070914-NPDES Phil Assist\10-Proposal\INITIATION\070914.90 Attachment D Hourly Fees&Expense Items.doc WOODMAN Rev.09/07 November 21,2007 atte TO: Mayor and Members of the City Council FROM: Olufemi Folarin,City Manager Joe Evers,P.E.,City Engineer SUBJECT: Engineering Services Agreement — NPDES Phase II Storm Water Permit Compliance Project 2007-2013 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an engineering services agreement with Baxter and Woodman to apply for and manage a permit from the Illinois Environmental Protection Agency for the City's National Pollutant Discharge Elimination System(NPDES). RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an agreement with Baxter and Woodman for the City's NPDES Phase II Storm Water Permit Compliance Project. BACKGROUND The United States Environmental Protection Agency has enacted laws under the Clean Waters Act which mandated all operators of storm water facilities to apply for permits through their State EPA. The largest municipalities are considered"Phase 1"with smaller municipalities, like the City of Elgin, considered"Phase 2". The permit will include the municipality's inventory of storm water facilities, how they will maintain them and how the public will be kept informed. The goal is to reduce pollutants by good house keeping procedures, improvements to existing and proposed facilities and public awareness with the intent of protecting and improving the health of the public and waterways. The engineering services agreement with Baxter and Woodman will include the necessary effort to renew the City's existing NPDES permit (received in 2003) which is valid for five years or until March 2008. The City must submit a "Notice of Intent" (NOI) to the Illinois Environmental Protection Agency to include a minimum of six control measures. These measures are: ESA-NPDES Phase II Storm Water Permit November 21,2007 Page 2 1. Public outreach and education 2. Public involvement/participation 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction storm water management 6. Pollution prevention/good housekeeping for municipal operations Staff solicited proposals from five engineering firms including Carroll Engineering, Christopher Burke, Baxter and Woodman, Stanley Consultants and Smith Engineering. Baxter and Woodman was selected as the most qualified firm by a staff selection committee. Upon selection, Baxter and Woodman met with staff to finalize the project scope and negotiate their fee. The final negotiated fee includes an initial fee of$167,558 to update the existing programs(for the six measures)and submit the NOI/permit, and subsequent fees of$411,671 for finalizing the programs for the remaining years of the engineering services agreement. The initial fee will cover work to be completed in 2007 and 2008 and the subsequent fees will cover work to be completed in 2009, 2010, 2011 and 2012 (will extend into the first quarter of 2013), presuming funding for the project continues to be budgeted in those years. For each of the subsequent years, an amendment will be presented to City Council to include that years' fees as well as an updated scope of work. A copy of the proposed agreement is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Comment(ns]: The cost of the agreement with Baxter and Woodman is initially $167,558 for 2007/2008 and $411,671 for the four following years (2009 through 2012). The total for the entire five year agreement will be$579,229. 2007 and 2008 $167,558 2009 97,422 2010 100,986 2011 104,721 2012 $108,542 Total $579,229 ESA-NPDES Phase II Storm Water Permit November 21,2007 Page 3 Funding for the project in 2007 and 2008 is located in the Riverboat Fund, account number 275- 0000-791.30-03 "Architectural & Engineering Services", project number 409593 "IEPA Storm Sewer—Phase 2"which is currently budgeted at$424,000 with$198,700 available. Because the program covers multiple years, sufficient funding will need to be made available in future budgets. The proposed 2008-2012 Financial Plan has an additional$200,000 included for this mandated project. LEGAL IMPACT None ALTERNATIVES 1. In order to comply with the anticipated permit the attached agreement and ultimately the assistance of the consultant is necessary. 2. Reject the agreement and attempt to comply with the permit requirements with in house staff. Respectfully submitted for Council consideration. do Attachment