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11-136 Resolution No. 11-136 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES Phase II Storm Water Permit Compliance Project 2007-2013) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute second 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/David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Vote: Yeas: 5 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk ; SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is made and entered into this 27th day of July , 2011, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as `CITY") and BAXTER AND WOODMAN, INC. , 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 project commonly known as the NPDES Phase II Storm Water Permit Compliance Project 2007-2013 (hereinafter referred to as "ORIGINAL AGREEMENT" and the "PROJECT", respectively; a copy of which ORIGINAL AGREEEMENT is attached hereto and made a part hereof as Attachment A) ; and the FIRST AMENDMENT AGREEMENT dated May 12, 2010 for providing certain professional engineering services for the PROJECT for the year 2010 (hereinafter referred to as "First Amendment Agreement", attached hereto and made a part hereof as Attachment B) . WHEREAS, the parties hereto have each determined it to be in their best interests to amend the ORIGINAL AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT (hereinafter collectively referred to as "PRIOR AGREEMENTS") by authorizing the ENGINEER to proceed with the professional services associated with the PROJECT for the year 2011 and by adding a Scope of Services and Project Schedule for the PROJECT for the year 2011; 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 PRIOR AGREEMENTS is hereby revised and amended as follows : "B. A detailed Scope of Services for the years 2007 and 2008 is attached hereto as Attachment D. A detailed Scope of Services for the year 2010 is attached hereto as Attachment D. 1 . A detailed Scope of Services for the year 2011 is attached hereto as Attachment D. 2 . " 2 . Section II .A of the PRIOR AGREEMENTS is hereby amended by adding the following to the end thereof: .z s "Complete Services for Year 2011 December 2011" 3 . Section II .B of the PRIOR AGREEMENTS 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. l, attached hereto. A detailed Project Schedule for the year 2011 is included as Attachment C.2, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. " 4 . Section IV.B of the PRIOR AGREEMENTS is hereby revised and amended as follows : "B. The not-to-exceed fee amount of each year is as follows : 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 will proceed with the professional services for 2007 and 2008 as described in Attachment D, but will not proceed with the professional services for subsequent years without written authorization by the CITY. The ENGINEER will proceed with 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. The ENGINEER will proceed with the professional services for the year 2011, as described in Attachment D. 2, but will not proceed with the professional services for subsequent years without written authorization by the CITY. " 5. The services to be provided by the ENGINEER pursuant to this SECOND AMENDMENT AGREEMENT shall be commenced upon execution of this SECOND AMENDMENT AGREEMENT and shall be completed by the ENGINEER in accordance with the Project Schedule set forth in Attachment "C. 2" . 6. In the event of any conflict between the terms of this SECOND AMENDEMENT AGREEMENT and the terms of the PRIOR AGREEMENTS, the terms of this SECOND AMENDMENT AGREEMENT shall control . 7 . That except as amended by this SECOND AMENDMENT AGREEMENT, the terms of the PRIOR AGREEMENTS between the ENGINEER and the CITY shall remain in full force and effect . 8 . The changes to the PRIOR AGREEMENTS provided by this SECOND 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. 9. The PRIOR AGREEMETNS, as amended by this SECOND AMENDMENT AGREEMENT, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the PRIOR AGREEMENTS, as so amended. IN WITNESS WHEREOF, the parties hereto have entered into and executed this SECOND AMENDMENT AGREEMENT on the date and year first written above. CITY OF ELGIN BAXTER AND WOODMAN, INC. 1.194Z‘ Byil wl�' �Y Se n Stegall John V. Ambrose City Manager Vice-President Attest: Attest: ,JL-4 c)„%, (0 I City Clerk- Dep ` cretary • CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT D.2 SCOPE OF SERVICES FOR YEAR 2011 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 Public Works Department, Water Department, Neighborhood Liaison Office, and the CITY's GeoBlade and CSO consultants. Work with these 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 four(4) articles suitable for an insert in the CITY's water bill. Also provide up to four(4) statements suitable for posting on the CITY's Facebook page or Twitter account. Incorporate information about stormwater quality, proper fertilizer use, illegal dumping, and green infrastructure. Coordinate with other entities to make use of existing educational materials and programs, where available, and avoid duplication of effort. • Outreach Activity—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 one (1) public event. • Speaking Engagement — Develop one (1) seminar about the impacts of stormwater runoff and the practices that can be used to minimize them at a special event. Coordinate this event with the Kane-DuPage Soil and Water Conservation District, if possible. • Podcast — Develop one (1) podcast about the impacts of stormwater runoff and the practices that can be used to minimize them using the CITY's camera crew. • Classroom Education and Outreach Program — Coordinate with up to three (3) elementary schools for the Kane-DuPage Soil and Water Conservation District to educate local students about the impacts of stormwater runoff and the practices that can be used to minimize them. 2.2. PUBLIC INVOLVEMENT/PARTICIPATION PROGRAM • Stakeholder Meeting— Host one (1) stakeholder group meeting at the CITY with entities such as the Fox River Ecosystem Partnership, Tyler Creek Watershed Coalition, Friends of the Fox River, Elgin Climate Change Organization, and Kane-DuPage Soil and Water Conservation District to coordinate events and programs and avoid duplication of effort. • Public Participation Events—Coordinate up to three (3) events with various stakeholder groups designed to involve the public in reducing the discharge of pollutants from the CITY's separate storm sewer system. Potential public participation events include stream cleanups,storm drain marking,tree planting, and water quality monitoring. 2.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM • Illicit Discharge Roundtable Discussion — Host a roundtable discussion with CITY staff to discuss the recommended procedures for Outfall Inspections, Outfall Monitoring, and Illicit Discharge Tracking. Revise the procedures, as may be necessary, per CITY staff recommendations. • Outfall Inspections — Perform field investigations on up to four hundred (400) 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 — Identify potential commercial and industrial stormwater hotspots in the CITY. Conduct up to ten (10) new and follow-up site inspections at these facilities to identify potential sources of stormwater pollution, determine compliance with the NPDES Industrial Stormwater Program, if applicable, and recommend appropriate follow-up actions. If possible, conduct site inspections with CITY 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. 2.4. CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Development Roundtable Discussion — Host a roundtable discussion with CITY staff to discuss the procedures for site plan review, site inspection, and ordinance enforcement. Revise the procedures, as may be necessary, per CITY staff recommendations. 2.5. POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Cooperative BMP Maintenance Program — Prepare and provide the CITY with recommended procedures for educating and engaging homeowners in the proper maintenance and upkeep of private stormwater BMPs. These procedures will help satisfy the terms and conditions of the current NPDES Permit, which requires the CITY to develop and implement a program to minimize the volume of stormwater runoff and pollutants from existing privately owned developed property. • Public Lands Stormwater Retrofit Program — Prepare and provide the CITY with recommended procedures for retrofitting publicly owned land, including detention basins, parks, roads, and rights-of-way. The stormwater retrofit program 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 program 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. This program will also meet an objective of the Sustainability Action Plan. • Rain Garden Program—Prepare and provide the CITY with recommendations to create incentive for residents to install rain gardens. This program will meet several objectives of the Sustainability Action Plan. 2.6. MUNICIPAL POLLUTION PREVENTION/GOOD HOUSEKEEPING PROGRAM • Municipal Green Infrastructure Maintenance Plan — Evaluate the CITY's existing operations and activities, such as mowing, and chemical application, 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 CITY's Municipal Pollution Prevention/Good Housekeeping Program. This program will also meet an objective of the Sustainability Action Plan. • Employee Training Presentation — Provide one (1) educational presentation to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities that prevent pollution. 2.7. MONITORING, RECORDKEEPING AND REPORTING • Water Quality Data Review — Evaluate existing water quality data from sources such as the CITY's Water Department,the Fox River Study Group,the Friends of the Fox River, and the Tyler Creek Watershed Coalition, and provide the CITY with recommendations to evaluate the effectiveness of the CITY's NPDES Municipal Stormwater Program. • 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. • Progress Map — Prepare a map of the CITY illustrating our progress toward entering all of the Storm Sewer Data into the GIS. Update the Progress Map from time to time, as requested by the CITY. • 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). • 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. • Deliver Data and Maps—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. • Installation and Training—Provide up to two (2) half-days of on-site customized installation and training sessions on the use and function of the GIS information. CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT C.2 PROJECT SCHEDULE FOR YEAR 2011 TASKS DATE • Notice to Proceed May 2011 • Provide the CITY with Public Education Materials • Complete Water Quality Data Review May 2011 • Host Illicit Discharge Roundtable Discussion with CITY staff • Provide the CITY with a GIS Progress Map • Host Development Roundtable Discussion with CITY staff June 2011 • Complete Rain Garden Program July 2011 • Complete Cooperative BMP Maintenance Program August 2011 • Complete Municipal Green Infrastructure Maintenance Plan • Complete Public Lands Stormwater Retrofit Program September 2011 • Complete Podcast • Coordinate Classroom Education and Outreach Program October 2011 • Complete Employee Training Presentation • Complete Expansion of Storm Sewer Data • Complete Outfall Inspections • Complete Stormwater Hotspot Facility Inspections November 2011 • Complete Revision of Storm Sewer Data • Deliver Maps and Data December 2011 • Complete Annual Program Review January 2012 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 1 per year • Host Stakeholder Meetings 1 per year • Coordinate Public Participation Events 3 per year • Maintain and Update Project File As needed • Attend GIS Project Meetings 2 per year • Provide Installation and Training on the Use and Function of GIS Information 2 per year • Update CITY's GIS Base Data Yearly,as available • Obtain As-Built Information Yearly,as available • Coordinate Storm Sewer Data for GeoBlade As needed Attachment A Original Agreement With Baxter and Woodman AGREEMENT THIS AGREEMENT, made and entered into thisl 'h day of tC2, Y\\DO-,c-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 IVA 4111) 4 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 Pr% 4111 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 shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, 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 CLALM 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. B A X T E R 411116- 4 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. XL 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 111"14 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. B A X T E R 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. iirB A X T E R 4111 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. BAXTER 411111 WOODMAN • - 8 - 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 B A X T E 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 ft By \,���a;�.� , By ,1 City Clerk City Man: (SEAL) For the ENGINEER: Dated this3/ day of CI chid,- , A.D., 2007. ATTEST: BAXTER& WOODMAN, INC. Byfif � �G�l By 24tei G2 Deputy Secretary President (SEAL:.) - June 2002 Std Agmt I:\ELGNC\070914-NPDES Phil Assist\10-Proposal\INITIATION\NPDES Phase II Agreement 07-13 doe 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. BA X T E R - 1 4111 - 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. 1:\ELGNC\070914-NPDES PhII Assist\l0-Proposal\INITIATION\070914.90 Attachment A Project Description.doc BAXTER Pr. - 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 (hut 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. B A X T E - 1 11111 - 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 - 2 41. - 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 B A X T E R - 3 - 41111 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 IIn; - 4Oh- - 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 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 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. irDAX T E R 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 B A X T E R WOODMAN 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\l0-Proposal\INITIATION\070914.90 Attachment C Project Schedule.doc BAXTER Orr. - 2 - 1111-- . WOODM A N 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. BAXTER Traffic Counters $50/day. 1111. 1; L\ELGNC\070914-NPDES PhIl Assist\10-ProposalUNITIATION\070914.90 Attachment D Hourly Fees&Expense Items.doc WOODMAN Rev.09/07 Attachment B Amendment Number One With Baxter and Woodman • FIRST AMENDMENT AGREEMENT 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 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. 200B - $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 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. Alle°1"/"/A-e By By Sean Stegall ohn V. Ambrose City Manager Vice President Attest: Attest: City Clerk Dep W cretary 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 C1TY'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 10. 0. 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 Jia rb- 1 O MAYOR & MEMBERSCITY OUNCll_ ELGIN THE CrrY IN THE SUBURBS AGENDA ITEM: G MEETING DATE: July 13, 2011 ITEM: Amendment No. 2 to an Agreement with Baxter and Woodman for 2007-2013 National Pollu- tion Discharge Elimination System Phase II Storm Water Permit Program ($104,721) OBJECTIVE: To authorize an agreement with Baxter and Woodman to provide the engineering required to maintain compliance with the federally mandated NPDES permit program. RECOMMENDATION: To approve Amendment No. 2 with Baxter and Woodman in the amount of$104,721. elk 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 first permit from the Illinois Environmental Protection Agency (TEPA) for stormwater related National Pollu- tion Discharge Elimination System (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 added the engineering hours and costs for the services provided in 2010. Amendment No. 1 continued efforts in 2010 and included ordinance revisions/updates, public outreach and education, development of an illicit discharge detection program, storm sewer system inspec- tions, mapping and data base updates. Specific efforts in Amendment No. 1 included the development and presentation of educational tools, speaking engagements, outreach programs and displays. The consultant participated in the 2011 Public Works Open House and provided a booth at events such as the Harvest Market. The consultant physically inspected city detention facilities, storm outfalls and private industrial facilities and had city staff participate in inspections as a training tool, mapped updates and provided training for city leaders, staff and the development community. sr. Amendment No. 2 will add the engineering hours and costs for the services to be provided in 2011. A copy of the amendment is included as Attachment A. The continued efforts in 2011 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. To coordinate efforts with the objectives of the Sustainability Action Plan (SAP), the city's con- sultant reviewed the draft document and identified items in the scope of services that align the goals of the SAP and Municipal Separate Storm Sewer System (MS4). Two specific areas that were identified are Section 6 (green infrastructure) and Section 11 (water resources). Specific efforts in Amendment No. 2 include the development and presentation of educational tools, speaking engagements, a podcast and outreach programs and displays. The consultant will par- ticipate in the 2012 Public Works Open House and develop a podcast about the impacts of stormwater runoff and the practices that can be used to minimize stormwater runoff. The con- sultant will physically inspect city detention facilities, storm outfalls and private industrial facili- ties. City staff will participate as a training tool, mapping updates and provide training for city leaders, staff and the development community. OPERATIONAL ANALYSIS The Environmental Protection Agency (EPA) promulgated rules establishing Phase I of the NPDES stormwater program, requiring operators of "medium" and "large" MS4s to implement 41111) a stormwater management program as a means to control polluted discharges. The city is re- quired to obtain a Stormwater Phase II permit, which extends coverage of the NPDES stormwa- ter program to small MS4s. The city is required to provide the EPA with an annual report docu- menting the status of compliance with permit conditions, results of any information collected and analyzed, a summary of the stormwater activities planned for the next reporting cycle, a change in identified Best Management Practices (BMPs), and notice of reliance on another go- vernmental entity to satisfy any permit obligations. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Amendment No. 2 for the storm water permit with Baxter & Woodman will total $104,721. With the attached amendment, Baxter and Woodman's not-to-exceed contract through the year 2011 will total $389,279. If the city maintains funding for 2012, the total not-to-exceed amount of Baxter and Woodman's contract will be $497,821. 2 �r.. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat Fund 275-0000-791.30-03 409593 $115,000 $115,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to approve Amendment No. 2 to the agreement with Baxter and Woodman. NEXT STEPS 1. Amend the agreement with Baxter and Woodman and allow staff to execute the neces- sary documents. Originators: Michael Hall, Engineer I Ron Rudd, Senior Engineer Development Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Amendment No. 2 3 1111) Attachment A Amendment Number Two With Baxter and Woodman SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is made and entered into this day of , 2011, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and BAXTER AND WOODMAN, INC. , 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 project commonly known as the NPDES Phase II Storm Water Permit Compliance Project 2007-2013 (hereinafter referred to as "ORIGINAL AGREEMENT" and the "PROJECT", respectively; a copy of which ORIGINAL AGREEEMENT is attached hereto and made a part hereof as Attachment A) ; and the FIRST AMENDMENT AGREEMENT dated May 12, 2010 for providing certain professional engineering services for the PROJECT for the year 2010 (hereinafter referred to as "First Amendment Agreement", attached hereto and made a part hereof as Attachment B) . WHEREAS, the parties hereto have each determined it to be in their best interests to amend the ORIGINAL AGREEMENT as amended by the FIRST AMENDMENT AGREEMENT (hereinafter collectively referred to as "PRIOR AGREEMENTS") by authorizing the ENGINEER to proceed with the professional services associated with the PROJECT for the year 2011 and by adding a Scope of Services and Project Schedule for the PROJECT for the year 2011; 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 PRIOR AGREEMENTS is hereby revised and amended as follows : "B. A detailed Scope of Services for the years 2007 and 2008 is attached hereto as Attachment D. A detailed Scope of Services for the year 2010 is attached hereto as Attachment D. 1 . A detailed Scope of Services for the year 2011 is attached hereto as Attachment D. 2 . " 2 . Section II .A of the PRIOR AGREEMENTS is hereby amended by adding the following to the end thereof: I "Complete Services for Year 2011 December 2011" 3 . Section II .B of the PRIOR AGREEMENTS 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. A detailed Project Schedule for the year 2011 is included as Attachment C. 2, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. " 4 . Section IV.B of the PRIOR AGREEMENTS is hereby revised and amended as follows : "B. The not-to-exceed fee amount of each year is as follows: i . 2007 - $22, 950 ii . 2008 - $144, 608 iii . 2009 - $0 44) iv. 2010 - $117, 000 v. 2011 - $104, 721 vi . 2012 - $108, 542 The ENGINEER will proceed with the professional services for 2007 and 2008 as described in Attachment D, but will not proceed with the professional services for subsequent years without written authorization by the CITY. The ENGINEER will proceed with 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. The ENGINEER will proceed with the professional services for the year 2011, as described in Attachment D. 2, but will not proceed with the professional services for subsequent years without written authorization by the CITY. " 5. The services to be provided by the ENGINEER pursuant to this SECOND AMENDMENT AGREEMENT shall be commenced upon execution of this SECOND AMENDMENT AGREEMENT and shall be completed by the ENGINEER in accordance with the Project Schedule set forth in Attachment "C. 2" . eft- 6. In the event of any conflict between the terms of this SECOND AMENDEMENT AGREEMENT and the terms of the PRIOR AGREEMENTS, the terms of this SECOND AMENDMENT AGREEMENT shall control. 7 . That except as amended by this SECOND AMENDMENT AGREEMENT, the terms of the PRIOR AGREEMENTS between the ENGINEER and the CITY shall remain in full force and effect. 8 . The changes to the PRIOR AGREEMENTS provided by this SECOND 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. 9. The PRIOR AGREEMETNS, as amended by this SECOND AMENDMENT AGREEMENT, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the PRIOR AGREEMENTS, as so amended. IN WITNESS WHEREOF, the parties hereto have entered into and executed this SECOND AMENDMENT AGREEMENT on the date and year first written above. CITY OF ELGIN BAXTER AND WOODMAN, INC. By By Sean Stegall Steven A. Larson City Manager President/CEO Attest: Attest: City Clerk Secretary CITY OF ELGIN, ILLINOIS .4111$ NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT D.2 SCOPE OF SERVICES FOR YEAR 2011 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 Public Works Department, Water Department, Neighborhood Liaison Office, and the CITY's GeoBlade and CSO consultants. Work with these 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 four(4) articles suitable for an insert in the CITY's water bill. Also provide up to four(4)statements suitable for posting on the CITY's Facebook page or Twitter account. Incorporate information about stormwater quality, proper fertilizer use, illegal dumping, and green infrastructure. Coordinate with other entities to make use of existing educational materials and programs, where available, and avoid duplication of effort. • Outreach Activity—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 one (1) public event. • Speaking Engagement — Develop one (1) seminar about the impacts of stormwater runoff and the practices that can be used to minimize them at a special event. Coordinate this event with the Kane-DuPage Soil and Water Conservation District, if possible. • Podcast — Develop one (1) podcast about the impacts of stormwater runoff and the practices that can be used to minimize them using the CITY's camera crew. • Classroom Education and Outreach Program — Coordinate with up to three (3) elementary schools for the Kane-DuPage Soil and Water Conservation District to educate local students about the impacts of stormwater runoff and the practices that can be used to minimize them. , lk I 2.2. PUBLIC INVOLVEMENT/PARTICIPATION PROGRAM • Stakeholder Meeting—Host one (1) stakeholder group meeting at the CITY with entities such as the Fox River Ecosystem Partnership,Tyler Creek Watershed Coalition, Friends of the Fox River, Elgin Climate Change Organization, and Kane-DuPage Soil and Water Conservation District to coordinate events and programs and avoid duplication of effort. • Public Participation Events —Coordinate up to three (3) events with various stakeholder groups designed to involve the public in reducing the discharge of pollutants from the CITY's separate storm sewer system. Potential public participation events include stream cleanups,storm drain marking,tree planting, and water quality monitoring. 2.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM • Illicit Discharge Roundtable Discussion — Host a roundtable discussion with CITY staff to discuss the recommended procedures for Outfall Inspections, Outfall Monitoring, and Illicit Discharge Tracking. Revise the procedures, as may be necessary, per CITY staff recommendations. • Outfall Inspections — Perform field investigations on up to four hundred (400) 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. elibk • Stormwater Hotspot Facility Inspections — Identify potential commercial and industrial stormwater hotspots in the CITY. Conduct up to ten (10) new and follow-up site inspections at these facilities to identify potential sources of stormwater pollution, determine compliance with the NPDES Industrial Stormwater Program, if applicable, and recommend appropriate follow-up actions. If possible, conduct site inspections with CITY 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. 2.4. CONSTRUCTION STORM WATER MANAGEMENT PROGRAM • Development Roundtable Discussion — Host a roundtable discussion with CITY staff to discuss the procedures for site plan review, site inspection, and ordinance enforcement. Revise the procedures, as may be necessary, per CITY staff recommendations. 2.5. POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM • Cooperative BMP Maintenance Program — Prepare and provide the CITY with recommended procedures for educating and engaging homeowners in the proper maintenance and upkeep of private stormwater BMPs. These procedures will help satisfy the terms and conditions of the current NPDES Permit, which requires the CITY to develop and implement a program to minimize the volume of stormwater runoff and pollutants from existing privately owned developed property. • Public Lands Stormwater Retrofit Program — Prepare and provide the CITY with recommended procedures for retrofitting publicly owned land, including detention basins, parks, roads, and rights-of-way. The stormwater retrofit program 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 program 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. This program will also meet an objective of the Sustainability Action Plan. • Rain Garden Program—Prepare and provide the CITY with recommendations to create incentive for residents to install rain gardens. This program will meet several objectives of the Sustainability Action Plan. 2.6. MUNICIPAL POLLUTION PREVENTION/GOOD HOUSEKEEPING PROGRAM • Municipal Green Infrastructure Maintenance Plan — Evaluate the CITY's existing operations and activities, such as mowing, and chemical application, 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 CITY's Municipal Pollution Prevention/Good Housekeeping Program. This program will also meet an objective of the Sustainability Action Plan. • Employee Training Presentation — Provide one (1) educational presentation to remind, inform and encourage CITY personnel to prevent and reduce stormwater pollution from municipal operations and to document activities that prevent pollution. 2.7. MONITORING, RECORDKEEPING AND REPORTING 4411) • Water Quality Data Review — Evaluate existing water quality data from sources such as the CITY's Water Department,the Fox River Study Group,the Friends of the Fox River, and the Tyler Creek Watershed Coalition, and provide the CITY with recommendations to evaluate the effectiveness of the CITY's NPDES Municipal Stormwater Program. • 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. • Progress Map — Prepare a map of the CITY illustrating our progress toward entering all of the Storm Sewer Data into the GIS. Update the Progress Map from time to time, as requested by the CITY. • 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). • 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. • Deliver Data and Maps—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. • Installation and Training—Provide up to two (2) half-days of on-site customized installation and training sessions on the use and function of the GIS information. 4 • 4111) CITY OF ELGIN, ILLINOIS NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013 ATTACHMENT C.2 PROJECT SCHEDULE FOR YEAR 2011 TASKS DATE • Notice to Proceed May 2011 • Provide the CITY with Public Education Materials • Complete Water Quality Data Review May 2011 • Host Illicit Discharge Roundtable Discussion with CITY staff • Provide the CITY with a GIS Progress Map • Host Development Roundtable Discussion with CITY staff June 2011 • Complete Rain Garden Program July 2011 • Complete Cooperative BMP Maintenance Program August 2011 • Complete Municipal Green Infrastructure Maintenance Plan • Complete Public Lands Stormwater Retrofit Program September 2011 • Complete Podcast • Coordinate Classroom Education and Outreach Program • Complete Employee Training Presentation October 2011 • Complete Expansion of Storm Sewer Data • Complete Outfall Inspections • Complete Stormwater Hotspot Facility Inspections November 2011 • Complete Revision of Storm Sewer Data • Deliver Maps and Data December 2011 • Complete Annual Program Review January 2012 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 1 per year • Host Stakeholder Meetings 1 per year Asi) • Coordinate Public Participation Events 3 per year • Maintain and Update Project File As needed • Attend GIS Project Meetings 2 per year • Provide Installation and Training on the Use and Function of GIS Information 2 per year • Update CITY's GIS Base Data Yearly,as available • Obtain As-Built Information Yearly,as available • Coordinate Storm Sewer Data for GeoBlade As needed r r Attachment A Original Agreement With Baxter and Woodman • AGREEMENT THIS AGREEMENT, made and entered into this thisl°41 day of ZC/4( 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 WOODMAN 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 in1411) 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. A.111) 6 A X T E Pr% 411. 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 shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, 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 provisionof 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. B A X T E R ribk f 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 BAXT E 1 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 rik 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 EEEE � 1 WOODMAN 41, 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. XVIH.SEVERABILITY11111) 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. BAXT Pr% 411. WOODMAN 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 r 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. BAXTERrik ilrgs WOODMAN - 8 - 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 BA T E R 411. WOODMAN • ribk - 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 left By \ By City Clerk City Man:!et (SEAL) For the ENGINEER: Dated this3/ day of 40e.-4i , A.D.,2007. ATTEST: BAXTER& WOODMAN, INC. By :,e1.7)-'14, ByitelK%'�C Deputy Secretary President p4' (SEAL) June 2002 Std Agmt I:IELGNC\070914-NPDES PhII Assist\10-Proposal\INITIATION\NPDES Phase II Agreement 07-13.doc eink BAXTER 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. BAXTE 411) _ _ 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. • r I:\ELGNC\070914-NPDES Phil Assist\l0-Proposal\INITIATION\070914.90 Attachment A Project Description.doc BAXTERliebh - 2 - dibtx . 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 114) • 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. BA X T E Pr% - 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 eft. 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 Stonnwater 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 lily E R 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 '',B A X T E R Pin. -3 - 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 Pr% -4 4111. - 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 4.49 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 BA X T E /1:11) 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 11"14 - 6 - r WOODMAN newlycreated data as it pertains to and is utilized within CASSView and CASS WORKS will be provided by a representative from RJN Group, Inc. DAX411) T E F prs 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 B A X T E R - 1 - •►_ WOODMAN e 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 Al • 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 BA X T E - 2 - WOODMAN • t 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. priTraffic Counters $50/day. s A X Tt; ilk 7 1:\ELGNC\070914-NPDES Phil Assist\10-Proposal\INITIATION\070914.90 Attachment D Hourly Fees&Expense Items.doc WOODMAN Rev.09/07 Attachment B Amendment Number One With Baxter and Woodman . _ FIRST AMENDMENT AGREEMENT 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 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 47) 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. 44) 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" . • eim. 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. 411110.°41,1A-e • By By Sean Stegall ohn V. Ambrose • City Manager Vice President Attest: Attest: LI City Clerk Depu OlLretary • 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 '44111) 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. rok 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 incorporate4111) • 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 4111) 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 P. 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 ClTY'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. r CITY OF ELGIN, ILLINOIS NPDES PHASE H 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 • Complete Public Stormwater BMP Inspections October 2010 • 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 c.