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10-99 7 `1 Resolution No. 10-99 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES Phase II Storm Water Permit Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN. ILLINOIS. that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute first amendment agreement with Baxter and Woodman,Inc.on behalf of the City of Elgin for the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit Compliance Project 2007-2013,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk 7 FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this C)-14A day of , 2010, by and between the n CITY of ELGIN, aI linois municipal corporation (hereinafter referred to as "CITY") and BAXTER AND WOODMAN, INC. , CONSULTING ENGINEERS, an Illinois corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the parties hereto have previously entered into an agreement dated December 19, 2007, for the ENGINEER to furnish certain professional services in connection with the NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 (hereinafter referred to as "ORIGINAL AGREEMENT" and the "PROJECT") ; and WHEREAS, the ORIGINAL AGREEMENT engages the ENGINEER to provide the CITY with the professional services associated with the PROJECT through the year 2013 ; WHEREAS, the ORIGINAL AGREEMENT only authorized the ENGINEER to proceed with the professional services associated with the PROJECT for the years 2007 and 2008 ; WHEREAS, Attachments B and C to the ORIGINAL AGREEMENT only provide a Scope of Services and Project Schedule, respectively, for the PROJECT for the years 2007 and 2008 ; WHEREAS, the City did not budget funds for the PROJECT in 2009; WHEREAS, the parties now desire to amend the ORIGINAL AGREEMENT by authorizing the ENGINEER to proceed with the professional services associated with the PROJECT for the year 2010 and by adding a Scope of Services and Project Schedule for the PROJECT for the year 2010 ; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows : 1 . Section I .B of the ORIGINAL AGREEMENT is hereby revised and amended as follows : "B. A detailed Scope of Services for the years 2007 and 2008 is attached hereto as Attachment B. A detailed Scope of Services for the year 2010 is attached hereto as Attachment B. 1 . " 2 . Section II .A of the ORIGINAL AGREEMENT is hereby amended by adding the following to the end thereof: "Complete Services for Year 2010 December 2010" 3. Section II . B of the ORIGINAL AGREEMENT is hereby revised and amended as follows : "B. A detailed project schedule for the PROJECT for the years 2007 and 2008 is included as Attachment C, attached hereto. A detailed Project Schedule for the year 2010 is included as Attachment C. 1, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. " 4 . Section IV.B of the ORIGINAL AGREEMENT is hereby revised and amended as follows : "B. The not-to-exceed fee amount of each year is provided herein under . i . 2007 - $22, 950 ii . 2008 - $144, 608 iii . 2009 - $0 iv. 2010 - $117, 000 v. 2011 - $104, 721 vi . 2012 - $108, 542 The ENGINEER has completed the professional services for 2007 and 2008 as described in Attachment B. The ENGINEER shall proceed with and perform the professional services for the year 2010, as described in Attachment B. 1, but will not proceed with the professional services for subsequent years without written authorization by the CITY by way of written amendment to this Agreement. " 4 . The services to be provided by the ENGINEER pursuant to this FIRST AMENDMENT AGREEMENT shall be commenced upon execution of this FIRST AMENDMENT AGREEMENT and shall be completed by the ENGINEER in accordance with the Project Schedule set forth in Attachment "C. l" . 5 . In the event of any conflict between the terms of this FIRST AMENDMENT AGREEMENT and the terms of the ORIGINAL AGREEMENT, the terms of this FIRST AMENDMENT AGREEMENT shall control . 6 . That except as amended by this FIRST AMENDMENT AGREEMENT, the terms of the ORIGINAL AGREEMENT between the ENGINEER and the CITY shall remain in full force and effect. 7 . The changes to the ORIGINAL AGREEMENT provided by this FIRST AMENDMENT AGREEMENT are germane to the original contract, as signed, and the changes provided for herein are in the best interests of the CITY and are authorized by law. 8 . The ORIGINAL AGREEMENT, as amended by this FIRST AMENDMENT AGREEMENT, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the ORIGINAL AGREEMENT, as so amended. IN WITNESS WHEREOF, the parties hereto have entered into and executed this FIRST AMENDMENT AGREEMENT on the date and year first written above . CITY OF ELGIN BAXTER AND WOODMAN, INC. e4 By d• By ',' 111/ Sea Stegall ohn V. Ambrose City Manager Vice President Attest : Attest : 137 �� LI Q J p 'Y City Clerk Degcretary CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT B.1 SCOPE OF SERVICES FOR YEAR 2010 1. PROJECT MANAGEMENT AND ADMINISTRATION • 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 with the CITY in addition to the other meetings identified in this 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, budgeting, scheduling, scoping, and managing. • 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 Planning and Neighborhood Services, Code Administration and Development Services and Parks and Recreation Departments, and the CITY's GeoBlade and CSO consultants. Work with these other entities to take advantage of existing programs, avoid duplication of effort, and ensure compatibility of documents and data. • Coordination with CSO/SSO Programs—Coordinate PROJECT activities with the CITY's Combined Sewer Overflow (CSO) and Sanitary Sewer Overflow (SSO) Programs, where possible, to avoid duplication of effort and to take advantage of a combined effort. 2. STORMWATER MANAGEMENT PROGRAM IMPLEMENTATION 2.1. PUBLIC EDUCATION AND OUTREACH PROGRAM • Educational Materials—Prepare and provide the CITY with materials that can be used to educate the public about the impacts of stormwater runoff and the practices that can be used to minimize those impacts, such as brochures, flyers, BMP fact sheets, and articles suitable for publication, the CITY's newsletter and/or local newspapers. Incorporate information about green infrastructure strategies into the materials, including information about the benefits and costs of such strategies and guidance on how to implement them. Coordinate with other entities to make use of existing educational materials and programs, where available, and avoid duplication of effort. • Outreach Activities — Develop an educational display, such as a model rain barrel display, that can be used to engage residents at public events, such as the CITY's annual Public Works Facility Open House. Provide assistance with public outreach efforts by attending up to one (1) public event. • Speaking Engagements—Provide up to three (3) presentations about the impacts of stormwater runoff and the practices that can be used to minimize them at City Council Meetings and special events, such as the CITY's Annual Pre-Construction Seminar. • Classroom Education and Outreach Program — Coordinate with local school teachers to investigate the development of a collaborative program aimed at educating local students about • the impacts of stormwater runoff and the practices that can be used to minimize them. Discuss the findings of the investigation with the CITY to determine whether or not to proceed with the development of such a program. 2.2. PUBLIC INVOLVEMENT/PARTICIPATION PROGRAM • Stakeholder Meetings—Attend up to three (3) stakeholder group meetings with entities such as the Fox River Ecosystem Partnership, Tyler Creek Watershed Coalition, Friends of the Fox River, and Kane-DuPage Soil and Water Conservation District. • Public Participation Events — Organize up to three (3) events 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. Coordinate with other entities to make use of existing events and programs, where available, and avoid duplication of effort. • Public Involvement Programs — Investigate the CITY's existing public involvement programs, including the Adopt-a-Spot and Rain Barrel Programs. Identify improvements that could be made to increase public involvement in reducing the discharge of pollutants from the CITY's separate storm sewer system. Provide the CITY with a summary of the recommended improvements. • Public Reporting Program — Investigate the methods the CITY currently uses to receive and respond to reports of illicit discharges, erosion and sediment control violations, and other water quality problems from the general public. Provide the CITY with a summary of recommended improvements. 2.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM • Desktop Assessment of Illicit Discharge Potential —Conduct a desktop assessment to determine the potential for illicit discharges within the CITY. Obtain and review previously completed studies of the Tyler and Poplar Creek watersheds. Identify areas that merit priority investigation or more frequent dry-weather screening. The results of the desktop assessment will be reviewed with the CITY and used to guide initial outfall inspection efforts. • Outfall Inspections—Perform field investigations on up to fifty (50) percent of the CITY's outfalls to detect potential non-stormwater discharges, including illegal dumping, into the separate storm sewer system. Identify any outfalls not already included on the CITY's storm 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. • Stormwater Hotspot Facility Inspections — Review results of the previously completed illicit discharge field inspections to identify candidates for follow-up site inspections. Use the results of the desktop assessment to identify other potential commercial and industrial stormwater hotspots in the CITY. Conduct up to fifty (50) 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 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. • Outfall Monitoring Procedures — Prepare and provide the CITY with recommended procedures for confirming the presence of illicit discharges at stormwater outfalls found to be flowing during dry weather. Present the procedures to the CITY and discuss the equipment and resources needed to conduct outfall monitoring. • Outfall Monitoring—Using the recommended outfall monitoring procedures, collect and analyze water quality samples from up to twenty-five (25) suspicious outfalls to confirm the presence of illicit discharges and identify their potential sources. If possible, conduct initial outfall monitoring with CITY staff to provide them with training on the outfall monitoring procedures. Coordinate with the CITY on any illicit discharge tracking and removal activities that may need to be conducted as a result of the outfall monitoring. • Illicit Discharge Tracking Procedures — Prepare and provide the CITY with recommended procedures for tracking illicit discharges to their source. Present the procedures to the CITY and review the equipment and resources needed to conduct illicit discharge tracking. If possible, conduct initial illicit discharge tracking activities, as triggered by outfall inspection and outfall monitoring results, with CITY staff to provide them with training on the procedures. • Illicit Discharge Prevention Program — Prepare and provide the CITY with materials that can be used to educate employees, businesses, and the general public about the hazards associated with illicit discharges, the practices that can be used to prevent them, and the need to report such discharges to the CITY through its public reporting program. 2.4. CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Ordinance Revision — According to the current NPDES Permit, the CITY must ensure, via ordinance or other regulatory mechanism, that construction site operators create comprehensive stormwater pollution prevention plans, implement appropriate erosion and sediment control practices, and control wastes that may cause adverse water quality impacts. Ordinance amendments were previously drafted to help the CITY meet these requirements. Assist the CITY in adopting these ordinance amendments. • Procedure and Form Review —According to the current NPDES Permit, the CITY must have site plan review, site inspection, and enforcement procedures and forms that support its erosion and sediment control ordinance. Review the CITY's current erosion and sediment control plan review, site inspection, and enforcement procedures and forms. Identify improvements that could be made to these procedures and forms to better support the CITY's erosion and sediment control ordinance. Provide the CITY with a summary of recommended improvements. • Training and Education Program — Prepare and provide the CITY with materials, such as presentations, that can be used to educate employees, contractors, and developers on the requirements of its erosion and sediment control ordinance and on the use of its site plan review, site inspection, and enforcement procedures and forms. Coordinate with other entities, such as the Kane-DuPage Soil and Water Conservation District, to make use of existing educational materials and programs, where available, and avoid duplication of effort. 2.5. POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Ordinance Revision — According to the current NPDES Permit, the CITY must ensure, via ordinance or other regulatory mechanism, that appropriate controls are in place on new development and redevelopment projects to protect water quality and reduce the discharge of pollutants. The strategies used to comply with these requirements must incorporate stormwater infiltration, evapotranspiration, and harvesting and reuse, and must reduce stormwater runoff rates, volumes, and pollutant loads to the maximum extent practicable. Ordinance amendments were previously drafted to help the CITY meet these requirements. Assist the CITY in adopting these ordinance amendments. • Procedure and Form Review — Review the CITY's current post-construction stormwater management plan review, site inspection, maintenance, and enforcement procedures and forms. In order to adequately support its post-construction stormwater management ordinance, the CITY must have site plan review, site inspection, long-term maintenance, and enforcement procedures and forms in place. Identify improvements that could be made to these procedures and forms to better support the CITY's post-construction stormwater management ordinance. Provide the CITY with a summary of recommended improvements. • Public Storm Sewer System Inspections — Accompany CITY staff on inspections of up to 900 storm sewer structures, as directed by the CITY. Provide training on inspection procedures and forms that can be used to verify that the CITY's as-built data is approximately correct and provide a basic assessment of the condition of the structure. Make note of and report, to the CITY, any potential illicit discharges, or storm sewer or catch basin cleanout opportunities identified while performing these inspections. • Public Stormwater BMP Inspections — Perform inspections of up to fifty (50) percent of the stormwater BMPs owned and operated by the CITY. Inspections help ensure proper long-term operation of BMPs and determine if BMPs have been adequately maintained or if additional maintenance is necessary. If possible, conduct maintenance inspections with CITY staff to provide training on the use of inspection procedures and field forms. Coordinate with the CITY on any maintenance activities that may need to be conducted as a result of the inspections. • Private Stormwater BMP Cooperative Maintenance Program —Begin compiling a list of property owners and homeowners' associations responsible for the long-term operation and maintenance of privately owned stormwater BMPs, including detention basins. Prepare and provide the CITY with materials, such as brochures, flyers, and fact sheets, that can be used to educate them about the proper inspection and maintenance of stormwater BMPs. • Public Lands Stormwater Retrofit Inventory — Conduct a stormwater retrofit inventory on publicly owned land, including detention basins, parks, roads, and rights-of-way, in up to twenty-five (25) percent of the CITY. The stormwater retrofit inventory will help satisfy the terms and conditions of the current NPDES Permit, which requires the CITY to develop and implement a program to reduce the volume of stormwater runoff and pollutants discharged from public lands through the use of BMPs that result in pollutant load reduction and increased infiltration, evapotranspiration, and harvesting and reuse. The inventory will identify stormwater retrofit projects that can be used to reduce the volume of stormwater runoff and the pollutant load discharged from publicly owned land to the CITY's separate storm sewer system. 2.6. MUNICIPAL POLLUTION PREVENTION/GOOD HOUSEKEEPING PROGRAM • Municipal Operations Review — Evaluate the CITY's existing operations and activities, such as road salting, street sweeping, and storm sewer and catch basin cleaning, to identify where improvements can be made to prevent and reduce stormwater pollution. Advise the CITY of any changes that may be necessary to meet the requirements of the current NPDES Permit and use the results to guide continued development of the CITYs Municipal Pollution Prevention/Good Housekeeping Program. • Municipal Facility Inspections — Inspect up to twenty-five (25) municipal facilities to identify potential sources of stormwater pollution and recommend appropriate follow-up actions. Use the inspection results to create stormwater pollution prevention plans for the municipal facilities determined to be stormwater hotspots. • Record Keeping Program Review—Investigate the methods the CITY currently uses to document activities, such as stormwater BMP maintenance, street sweeping, and storm drain and catch basin cleanouts,that have a positive impact on water quality. Identify improvements that could be made to these documentation procedures to create a better record of the CITY's pollution prevention/good housekeeping efforts. Provide the CITY with a summary of the recommended improvements. • Employee Training Program — Prepare and provide educational materials and presentations to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities, such as street sweeping and storm drain and catch basin cleanouts,that have a positive impact on water quality. 2.7. MONITORING, RECORDKEEPING AND REPORTING • Annual Facility Inspection Report (AFIR) — Prepare and submit an Annual Facility Inspection Report to the IEPA for the period April 2009 to March 2010 by the deadline dictated by the IEPA. • 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 subsequent years of the PROJECT in order to maintain compliance with the NPDES Municipal Stormwater Program. Provide the CITY with a summary of the recommended improvements. • File Maintenance — Update and maintain the PROJECT file. At a minimum, the CITY's file will include 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; copies of applicable NPDES Permits; documentation of participation in public meetings and presentations; 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. 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) • Attend GIS Project Meetings — Our GIS Manager will attend up to two (2) quality control meetings to review the storm sewer system GIS data updates with the CITY. • GIS Base Data Updates—Coordinate with Cook and Kane County on behalf of the CITY to obtain the most up-to-date GIS base data. As they become available, provide the CITY with 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 base data. • Obtain All Available As-Built Information for Improvements Made Since December 2008 — 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 improvements within the CITY dating back to December 2008. • Expand Storm Sewer Data Within the CITY's Existing GIS — Expand the existing storm sewer 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 2008. 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). • Add Stormwater Outfalls Identified During Field Work—Expand the existing storm sewer system map through the addition of any additional stormwater outfalls identified during field work. The addition of this data will ensure that the CITY has accurate and complete storm sewer system data. • Revise Storm Sewer Data — Work with CITY staff to resolve any question areas and/or issues related to the storm sewer data. This process will help ensure the overall accuracy of the data. • Coordinate Storm Sewer Data for GeoBlade — Coordinate with the CITY on the updated and created storm sewer system data developed as part of this PROJECT. This coordination will be provided to ensure that the PROJECT data can be viewed and updated using GeoBlade. The CITY will load and populate the updated and created storm sewer system data within its existing GeoBlade application. CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT C.1 PROJECT SCHEDULE FOR YEAR 2010 TASKS DATE • Notice to Proceed April 2010 • Investigate Public Involvement Programs • Investigate Public Reporting Program April 2010 • Obtain All Available As-Built Information for Improvements Made Since Dec. 2008 • Investigate Classroom Education and Outreach Program • Complete Erosion and Sediment Control Procedure and Form Review May 2010 • Prepare Apr. 2009 - Mar. 2010 Annual Facility Inspection Report • Provide CITY with Illicit Discharge Monitoring Procedures • Provide CITY with Illicit Discharge Tracking Procedures June 2010 • Complete Post-Construction Stormwater Management Procedure and Form Review • Complete Desktop Assessment of Illicit Discharge Potential • Complete Record Keeping Program Review July 2010 • Complete Erosion and Sediment Control Ordinance Revision • Provide the CITY with Public Education Materials • Provide the CITY with Materials for Illicit Discharge Prevention Program August 2010 • Complete Expansion of Storm Sewer Data • Provide the CITY with Materials for Erosion and Sediment Control Training Program • Complete Municipal Operations Review September 2010 • Complete Post-Construction Stormwater Management Ordinance Revision • Complete Public Storm Sewer System Inspections October 2010 • Complete Public Stormwater BMP Inspections • Complete Outfall Inspections • Complete Outfall Monitoring November 2010 • Complete Stormwater Hotspot Facility Inspections • Provide CITY with Materials for Cooperative BMP Maintenance Program • Complete Public Lands Stormwater Retrofit Inventory December 2010 • Complete Municipal Facility Inspections • Complete Annual Program Review January 2011 • Complete Revision and Update of Storm Sewer Data TASKS DATE • Coordination with CITY 4 per year • Project Administration As needed • Coordination with Other Entities As needed • Coordination with CSO/SSO Programs As needed • Provide Public Education and Outreach at Public Event 1 per year • Provide Presentations at Speaking Engagements 3 per year • Attend Stakeholder Meetings 3 per year • Organize Public Participation Events 3 per year • Assist with Erosion and Sediment Control Training and Education Program As needed • Assist with Municipal Employee Training Program As needed • Maintain and Update Project File As needed • Attend GIS Project Meetings 2 per year • Update CITY's GIS Base Data Yearly, as available • Coordinate Storm Sewer Data for GeoBlade As needed • A enda Item No. - � City of Elgin g da t alit ` April 22, 2010 Yr ks TO: Mayor and Members of the City Council # inancialty StaSic FROM: Sean R. Stegall, City Managerlfat,'• G ,nin e Joseph Evers, City Engineer SUBJECT: Amendment No. 1 to Agreement with Baxter and Woodman for the 2007-2013 NPDES Phase II Storm Water Permit Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an agreement with Baxter and Woodman for related engineering services for the 2007-2013 National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit Project. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 with Baxter and Woodman in the amount of$117,000 and authorize staff to execute the necessary documents. BACKGROUND At its December 19, 2007 meeting, the City Council authorized an agreement with Baxter and Woodman in the amount of $179,229 for the second phase of the federally mandated permit program for storm sewer systems. The initial phase began in March 2003 with the very first permit from the IEPA for stormwater related NPDES and said permit lasted five years until 2008. Baxter and Woodman applied for the City's second permit in March 2008 which was issued in February 2009. The second permit will last until March 2014. The original contract scope with Baxter and Woodman covered multiple years and included provisions to amend the agreement for the cost and scope of work through 2012. Amendment No. 1 will add the engineering hours and costs for the services to be provided in 2010. A copy of the amendment is attached as Exhibit A. The continued efforts in 2010 will include ordinance revisions/updates, public outreach and education, development of an illicit discharge detection program, storm sewer system inspections, mapping and data base updates. Specific efforts in the amendment include the development and presentation of educational tools, row speaking engagements, outreach programs and displays. The consultant will participate in the Baxter& Woodman Amendment No. 1 NPDES Phase II Storm Water Permit April 22,201041111) Page 2 Public Works Open House, present the program to the City Council and provide a booth at the events such as the Brewfest. The consultant will physically inspect City detention facilities, storm outfalls and private industrial facilities and have City staff participate as a training tool, mapping updates and provide training for City leaders, staff and the development community. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Amendment No. 1 for the storm water permit with Baxter& Woodman will total $117,000. The total budget for this project, ($517,337), is funded in the Riverboat Fund, account number 275- 0000-791.30-03, Miscellaneous Professional Services, project number 409593, IEPA Storm Sewer—Phase 2, where $117,318 remains available. The original six year agreement with Baxter and Woodman included a not-to-exceed amount of $579,229 with $167,558 spent through 2009. With the attached amendment, Baxter and Woodman's not-to-exceed contract will now be $284,558. If the City maintains funding for 2011 and 2012, the total not-to-exceed amount of Baxter and Woodman's contract will be $497,821 or$81,408 less than the original agreement. WL AL IMPACT None. ALTERNATIVES 1. The City Council may choose to approve Amendment No. 1 to the agreement with Baxter and Woodman in the amount of$117,000. 2. The City Council may choose not to approve Amendment No. 1 to the agreement with Baxter and Woodman. Respectfully submitted for Council consideration. JE: cf Attachment Exhibit A Amendment Number One With Baxter and Woodman FIRST AMENDMENT AGREEMENT 470 THIS FIRST AMENDMENT AGREEMENT is made and entered into this day of , 2010, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and BAXTER AND WOODMAN, INC. , CONSULTING ENGINEERS, an Illinois corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the parties hereto have previously entered into an agreement dated December 19, 2007, for the ENGINEER to furnish certain professional services in connection with the NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 (hereinafter referred to as "ORIGINAL AGREEMENT" and the "PROJECT") ; and WHEREAS, the ORIGINAL AGREEMENT engages the ENGINEER to provide the CITY with the professional services associated with the PROJECT through the year 2013; WHEREAS, the ORIGINAL AGREEMENT only authorized the ENGINEER to proceed with the professional services associated with the PROJECT for the years 2007 and 2008; WHEREAS, Attachments B and C to the ORIGINAL AGREEMENT only 47) provide •a Scope of Services and Project Schedule, respectively, for the PROJECT for the years 2007 and 2008; WHEREAS, the City did not budget funds for the PROJECT in 2009; WHEREAS, the parties now desire to amend the ORIGINAL AGREEMENT by authorizing the ENGINEER to proceed with the professional • services associated with the PROJECT for the year 2010 and by adding a Scope of Services and Project Schedule for the PROJECT for the year 2010; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows: 1. Section I.B of the ORIGINAL AGREEMENT is hereby revised and amended as follows: "B. A detailed Scope of Services for the years 2007 and 2008 is attached hereto as Attachment B. A detailed Scope of • Services for the year 2010 is attached hereto as Attachment B. 1." 2 . Section II .A of the ORIGINAL AGREEMENT is hereby amended by adding the following to the end thereof: "Complete Services for Year 2010. December 2010" 3. Section II .B of the ORIGINAL AGREEMENT is hereby revised and amended as follows: "B. A detailed project schedule for the PROJECT for the years 2007 and 2008 is included as Attachment C, attached hereto. A detailed Project Schedule for the year 2010 is included as Attachment C. 1, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below." 4. Section IV.B of the ORIGINAL AGREEMENT is hereby revised and amended as follows : "B. The not-to-exceed fee amount of each year is provided herein under. i. 2007 - $22, 950 ii. 2008 - $144, 608 iii. 2009 - $0 iv. 2010 - $117, 000 v. 2011 - $104,721 vi. 2012 - $108, 542 The ENGINEER has completed the professional services for 2007 and 2008 as described in Attachment B. The ENGINEER shall proceed with and perform the professional services for the year 2010, as described in Attachment B. 1, but will not proceed with the professional services for subsequent years without written authorization by the CITY by way of written amendment to this Agreement." 4. The services to be provided by the ENGINEER pursuant to this FIRST AMENDMENT AGREEMENT shall be commenced upon execution of this FIRST AMENDMENT AGREEMENT and shall be completed by the ENGINEER in accordance with the Project Schedule set forth in Attachment "C. 1" . 5 . In the event of any conflict between the terms of this FIRST AMENDMENT AGREEMENT and the terms of the ORIGINAL 47, AGREEMENT, the terms of this FIRST AMENDMENT AGREEMENT shall control. • 6 . That except as amended by this FIRST AMENDMENT AGREEMENT, the terms of the ORIGINAL. AGREEMENT between the ENGINEER and the CITY shall remain in full force and effect. 7. The changes to the ORIGINAL AGREEMENT provided by this FIRST AMENDMENT AGREEMENT are germane to the original • contract, as signed, and the changes provided for herein are in the best interests of the CITY and are authorized by law. 8 . The ORIGINAL AGREEMENT, as amended by this FIRST AMENDMENT AGREEMENT, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the ORIGINAL AGREEMENT, as .so amended. IN WITNESS WHEREOF, the parties hereto have entered into and executed this FIRST AMENDMENT AGREEMENT on the date and year first written above. CITY OF ELGIN BAXTER AND WOODMAN, INC. 47) 41011°- "a"de By By Sean Stegall ohn V. Ambrose City Manager Vice President Attest: Attest: City Clerk Dep Wcretary • 47) • • CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT B.1 SCOPE OF SERVICES FOR YEAR 2010 1. PROJECT MANAGEMENT AND ADMINISTRATION • 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 with the CITY in addition to the other meetings identified in this 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, budgeting, scheduling, scoping,and managing. • 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 Planning and Neighborhood Services, Code Administration and Development Services and Parks and Recreation Departments, and the CITY's GeoBlade and CSO consultants. Work with these other entities to take advantage of existing programs,avoid duplication of effort,and ensure compatibility of documents and data. • Coordination with CSO/SSO Programs—Coordinate PROJECT activities with the CITY's Combined Sewer Overflow (CSO) and Sanitary Sewer Overflow (SSO) Programs, where possible, to avoid duplication of effort and to take advantage of a combined effort. 2. STORMWATER MANAGEMENT PROGRAM IMPLEMENTATION 2.1. PUBLIC EDUCATION AND OUTREACH PROGRAM • Educational Materials—Prepare and provide the CITY with materials that can be used to educate the public about the impacts of stormwater runoff and the practices that can be used to minimize those impacts, such as brochures, flyers, BMP fact sheets, and articles suitable for publication, the CITY's newsletter and/or local newspapers. Incorporate information about green infrastructure strategies into the materials, including information about the benefits and costs of such strategies and guidance on how to implement them. Coordinate with other entities to make use of existing educational materials and programs, where available, and avoid duplication of effort. • Outreach Activities — Develop an educational display, such as a model rain barrel display, that can be used to engage residents at public events, such as the CITY's annual Public Works Facility - Open House. Provide assistance with public outreach efforts by attending up to one (1) public event. • Speaking Engagements—Provide up to three (3) presentations about the impacts of stormwater runoff and the practices that can be used to minimize them at City Council Meetings and special events,such as the CITY's Annual Pre-Construction Seminar. • Classroom Education and Outreach Program — Coordinate with local school teachers to investigate the development of a collaborative program aimed at educating local students about the impacts of stormwater runoff and the practices that can be used to minimize them. Discuss the findings of the investigation with the CITY to determine whether or not to proceed with the development of such a program. 2.2. PUBLIC INVOLVEMENT/PARTICIPATION PROGRAM • Stakeholder Meetings—Attend up to three(3)stakeholder group meetings with entities such as the Fox River Ecosystem Partnership, Tyler Creek Watershed Coalition, Friends of the Fox River, and Kane-DuPage Soil and Water Conservation District. • Public Participation Events—Organize up to three (3) events 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. Coordinate with other entities to make use of existing events and programs,where available,and avoid duplication of effort. • Public Involvement Programs — Investigate the CITY's existing public involvement programs, including the Adopt-a-Spot and Rain Barrel Programs. Identify improvements that could be made to increase public involvement in reducing the discharge of pollutants from the CITY's separate storm sewer system. Provide the CITY with a summary of the recommended improvements. • Public Reporting Program — Investigate the methods the CITY currently uses to receive and respond to reports of illicit discharges, erosion and sediment control violations, and other water quality problems from the general public. Provide the CITY with a summary of recommended improvements. 2.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM • Desktop Assessment of Illicit Discharge Potential—Conduct a desktop assessment to determine the potential for illicit discharges within the CITY. Obtain and review previously completed studies of the Tyler and Poplar Creek watersheds. Identify areas that merit priority investigation or more frequent dry-weather screening. The results of the desktop assessment will be reviewed with the CITY and used to guide initial outfall inspection efforts. • Outfall Inspections—Perform field investigations on up to fifty(50) percent of the CITY's outfalls to detect potential non-stormwater discharges, including illegal dumping, into the separate storm sewer system. Identify any outfalls not already included on the CITY's storm 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. • Stormwater Hotspot Facility Inspections — Review results of the previously completed illicit discharge field inspections to identify candidates for follow-up site inspections. Use the results of the desktop assessment to identify other potential commercial and industrial stormwater hotspots in the CITY. Conduct up to fifty (50) 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 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. re- • Outfall Monitoring Procedures — Prepare and provide the CITY with recommended procedures for confirming the presence of illicit discharges at stormwater outfalls found to be flowing during dry weather. Present the procedures to the CITY and discuss the equipment and resources needed to conduct outfall monitoring. • Outfall Monitoring—Using the recommended outfall monitoring procedures,collect and analyze water quality samples from up to twenty-five (25) suspicious outfalls to confirm the presence of illicit discharges and identify their potential sources. If possible, conduct initial outfall monitoring with CITY staff to provide them with training on the outfall monitoring procedures. Coordinate with the CITY on any illicit discharge tracking and removal activities that may need to be conducted as a result of the outfall monitoring. • Illicit Discharge Tracking Procedures — Prepare and provide the CITY with recommended procedures for tracking illicit discharges to their source. Present the procedures to the CITY and review the equipment and resources needed to conduct illicit discharge tracking. If possible, conduct initial illicit discharge tracking activities, as triggered by outfall inspection and outfall monitoring results,with CITY staff to provide them with training on the procedures. • Illicit Discharge Prevention Program— Prepare and provide the CITY with materials that can be used to educate employees, businesses, and the general public about the hazards associated with illicit discharges, the practices that can be used to prevent them, and the need to report such discharges to the CITY through its public reporting program. 2.4. CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Ordinance Revision — According to the current NPDES Permit, the CITY must ensure, via ordinance or other regulatory mechanism, that construction site operators create comprehensive stormwater pollution prevention plans, implement appropriate erosion and sediment control practices, and control wastes that may cause adverse water quality impacts. Ordinance amendments were previously drafted to help the CITY meet these requirements. Assist the CITY in adopting these ordinance amendments. • Procedure and Form Review—According to the current NPDES Permit, the CITY must have site plan review, site inspection, and enforcement procedures and forms that support its erosion and sediment control ordinance. Review the CITY's current erosion and sediment control plan review, site inspection, and enforcement procedures and forms. Identify improvements that could be made to these procedures and forms to better support the CITY'S erosion and sediment control ordinance. Provide the CITY with a summary of recommended improvements. • Training and Education Program — Prepare and provide the CITY with materials, such as presentations, that can be used to educate employees, contractors, and developers on the requirements of its erosion and sediment control ordinance and on the use of its site plan review,site inspection, and enforcement procedures and forms. Coordinate with other entities, such as the Kane-DuPage Soil and Water Conservation District, to make use of existing educational materials and programs,where available,and avoid duplication of effort. 2.5. POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Ordinance Revision — According to the current NPDES Permit, the CITY must ensure, via ordinance or other regulatory mechanism, that appropriate controls are in place on new development and redevelopment projects to protect water quality and reduce the discharge of pollutants. The strategies used to comply with these requirements must incorporate stormwater infiltration, evapotranspiration, and harvesting and reuse, and must reduce stormwater runoff rates, volumes, and pollutant loads to the maximum extent practicable. Ordinance amendments were previously drafted to help the CITY meet these requirements. 41) Assist the CITY in adopting these ordinance amendments. • Procedure and Form Review — Review the CITY's current post-construction stormwater management plan review, site inspection, maintenance, and enforcement procedures and forms. In order to adequately support its post-construction stormwater management ordinance, the CITY must have site plan review, site inspection, long-term maintenance, and enforcement procedures and forms in place. Identify improvements that could be made to these procedures and forms to better support the CITY's post-construction stormwater management ordinance. Provide the CITY with a summary of recommended improvements. • Public Storm Sewer System Inspections — Accompany CITY staff on inspections of up to 900 storm sewer structures, as directed by the CITY. Provide training on inspection procedures and forms that can be used to verify that the CITY's as-built data is approximately correct and provide a basic assessment of the condition of the structure. Make note of and report, to the CITY, any potential illicit discharges, or storm sewer or catch basin cleanout opportunities identified while performing these inspections. • Public Stormwater BMP Inspections — Perform inspections of up to fifty (50) percent of the stormwater BMPs owned and operated by the CITY. Inspections help ensure proper long-term operation of BMPs and determine if BMPs have been adequately maintained or if additional maintenance is necessary. If possible, conduct maintenance inspections with CITY staff to provide training on the use of inspection procedures and field forms. Coordinate with the CITY. on any maintenance activities that may need to be conducted as a result of the inspections. • Private Stormwater BMP Cooperative Maintenance Program—Begin compiling a list of property owners and homeowners' associations responsible for the long-term operation and maintenance of privately owned stormwater BMPs, including detention basins. Prepare and 4111) provide the CITY with materials, such as brochures, flyers, and fact sheets, that can be used to educate them about the proper inspection and maintenance of stormwater BMPs. • Public Lands Stormwater Retrofit Inventory — Conduct a stormwater retrofit inventory on publicly owned land, including detention basins, parks, roads, and rights-of-way, in up to twenty-five (25) percent of the CITY. The stormwater retrofit inventory will help satisfy the terms and conditions of the current NPDES Permit, which requires the CITY to develop and implement a program to reduce the volume of stormwater runoff and pollutants discharged from public lands through the use of BMPs that result in pollutant load reduction and increased infiltration, evapotranspiration, and harvesting and reuse. The inventory will identify stormwater retrofit projects that can be used to reduce the volume of stormwater runoff and the pollutant load discharged from publicly owned land to the CITY's separate storm sewer system. 2.6. MUNICIPAL POLLUTION PREVENTION/GOOD HOUSEKEEPING PROGRAM • Municipal Operations Review — Evaluate the CITY's existing operations and activities, such as road salting, street sweeping, and storm sewer and catch basin cleaning, to identify where improvements can be made to prevent and reduce stormwater pollution. Advise the CITY of any changes that may be necessary to meet the requirements of the current NPDES Permit and use the results to guide continued development of the CITYs Municipal Pollution Prevention/Good Housekeeping Program. . • Municipal Facility Inspections — Inspect up to twenty-five (25) municipal facilities to identify potential sources of stormwater pollution and recommend appropriate follow-up actions. Use the inspection results to create stormwater pollution prevention plans for the municipal facilities determined to be stormwater hotspots. • Record Keeping Program Review—Investigate the methods the CITY currently uses to document activities, such as stormwater BMP maintenance, street sweeping, and storm drain and catch basin cleanouts,that have a positive impact on water quality. Identify improvements that could be made to these documentation procedures to create a better record of the CITY's pollution prevention/good housekeeping efforts. Provide the CITY with a summary of the recommended improvements. • Employee Training Program — Prepare and provide educational materials and presentations to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities, such as street sweeping and storm drain and catch basin cleanouts,that have a positive impact on water quality. 2.7. MONITORING, RECORDKEEPING AND REPORTING • Annual Facility Inspection Report (AFIR) — Prepare and submit an Annual Facility Inspection Report to the IEPA for the period April 2009 to March 2010 by the deadline dictated by the IEPA. • 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 subsequent years of the PROJECT in order to maintain compliance with the NPDES Municipal Stormwater Program. Provide the CITY with a summary of the recommended improvements. • File Maintenance — Update and maintain the PROJECT file. At a minimum, the CITY's file will include 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; copies of applicable NPDES Permits; documentation of participation in public meetings and presentations; 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. 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) • Attend GIS Project Meetings — Our GIS Manager will attend up to two (2) quality control meetings to review the storm sewer system GIS data updates with the CITY. • GIS Base Data Updates—Coordinate with Cook and Kane County on behalf of the CITY to obtain the most up-to-date GIS base data. As they become available, provide the CITY with 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 base data. • Obtain All Available As-Built Information for Improvements Made Since December 2008 —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 improvements mi) within the CITY dating back to December 2008. • Expand Storm Sewer Data Within the CITY's Existing GIS — Expand the existing storm sewer 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 2008. 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). • Add Stormwater Outfalls Identified During Field Work—Expand the existing storm sewer system map through the addition of any additional stormwater outfalls identified during field work. The addition of this data will ensure that the CITY has accurate and complete storm sewer system data. • Revise Storm Sewer Data — Work with CITY staff to resolve any question areas and/or issues related to the storm sewer data. This process will help ensure the overall accuracy of the data. • Coordinate Storm Sewer Data for GeoBlade — Coordinate with the CITY on the updated and created storm sewer system data developed as part of this PROJECT. This coordination will be provided to ensure that the PROJECT data can be viewed and updated using GeoBlade. The CITY will load and populate the updated and created storm sewer system data within its existing GeoBlade application. rikCITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT C.1 PROJECT SCHEDULE FOR YEAR 2010 TASKS DATE • Notice to Proceed April 2010 • Investigate Public Involvement Programs • Investigate Public Reporting Program April 2010 • Obtain All Available As-Built Information for Improvements Made Since Dec.2008 • Investigate Classroom Education and Outreach Program • Complete Erosion and Sediment Control Procedure and Form Review May 2010 • Prepare Apr.2009-Mar.2010 Annual Facility Inspection Report • Provide CITY with Illicit Discharge Monitoring Procedures • Provide CITY with Illicit Discharge Tracking Procedures June 2010 • Complete Post-Construction Stormwater Management Procedure and Form Review • Complete Desktop Assessment of Illicit Discharge Potential • Complete Record Keeping Program Review July 2010 • Complete Erosion and Sediment Control Ordinance Revision • Provide the CITY with Public Education Materials • Provide the CITY with Materials for Illicit Discharge Prevention Program August 2010 • Complete Expansion of Storm Sewer Data • Provide the CITY with Materials for Erosion and Sediment Control Training Program • Complete Municipal Operations Review September 2010 • Complete Post-Construction Stormwater Management Ordinance Revision • Complete Public Storm Sewer System Inspections October 2010 • Complete Public Stormwater BMP Inspections • Complete Outfall Inspections • Complete Outfall Monitoring November 2010 • Complete Stormwater Hotspot Facility Inspections • Provide CITY with Materials for Cooperative BMP Maintenance Program • Complete Public Lands Stormwater Retrofit Inventory December 2010 • Complete Municipal Facility Inspections • Complete Annual Program Review (1116* • Complete Revision and Update of Storm Sewer Data January 2011 • . TASKS DATE • Coordination with CITY 4 per year • Project Administration As needed • Coordination with Other Entities As needed • Coordination with CSO/SSO Programs As needed • Provide Public Education and Outreach at Public Event 1 per year • Provide Presentations at Speaking Engagements 3 per year • Attend Stakeholder Meetings 3 per year • Organize Public Participation Events 3 per year • Assist with Erosion and Sediment Control Training and Education Program As needed • Assist with Municipal Employee Training Program As needed • Maintain and Update Project File As needed • Attend GIS Project Meetings 2 per year • Update CITY's GIS Base Data Yearly,as available • Coordinate Storm Sewer Data for GeoBlade As needed A F:.r UF.f C'. a. z Memorandum f City of Elgin 9p• „,. ya Date: May 25, 2010 To: Joe Evers, City Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-99, Adopted at the May 12, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • First Amendment Agreement with Baxter and Woodman, Inc. (NPDES Phase II Storm Water Permit Project)