16-7 Resolution No. 16-7
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH BAXTER& WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND
FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM
WATER PERMIT COMPLIANCE PROJECT 2014-2018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin
with Baxter & Woodman, Inc. for engineering, permit compliance and field inspection services
in connection with the NPDES Phase II Storm Water Permit Compliance Project 2014-2018, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 27, 2016
Adopted: January 27, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 27th
day of January, 2016 by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Baxter & Woodman, Inc., Consulting Engineers., an
Illinois corporation (hereinafter referred to as"Engineer").
WHEREAS,the City and Engineer hereto have previously entered into an agreement dated
November 5, 2014(the "Original Agreement"), wherein the City engaged the Engineer to furnish
certain professional services in connection with the NPDES Phase 11 Storm Water Permit
Compliance Project 2014-2018 (hereinafter referred to as "Original Agreement" and the
"Project"); and
WHEREAS, the term of the Original Agreement provides for services from contract year
beginning October 2014 and ending December 2019; and
WHEREAS, the Original Agreement provided a detailed Project Schedule only for the
contract year beginning October 2014 and ending December 2015; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include Engineering, Permit Compliance and Field Inspection activities for the
contract year January 2016 to December 2016.
WHEREAS, the contract price for the Original Agreement is $99,230.00, and the cost for
the Engineering services January 2016 to December 2016 contract year to be provided pursuant to
Amendment Agreement No. 1 is in the amount of$98,000.00
WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the
City and is authorized by law.
NOW, THEREFORE,for and in consideration of the mutual undertakings as provided herein,and
other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged,
the parties hereto agree as follows:
I. The above recitals are incorporated into and made a part of this agreement as if fully recited
hereby.
2. Section 1 C the Original Agreement is hereby amended by adding the following to the end
thereof
C. ENGINEER shall also perform the Services described in Attachment "A-1", entitled
"Scope of Services for Year 2(January 2016 through December 2016)". No Supplemental
Services shall be performed by the ENGINEER nor shall the City be responsible for
payment of any Supplemental Services unless and until such Supplemental Services are
authorized in advance in writing by the City.
3. Section 2A of the Original Agreement is hereby amended by adding the following to the
end thereof:
A. An outline project milestone schedule is provided hereinunder
a. Permit Application: January 2016
b. Annual Facility Inspection Report: May 2016
c. Annual Program Review: November 2016
4. Section 2B of the Original Agreement is hereby amended by adding the following to the
end thereof:
"A detailed project schedule for the Project for the term of January 2016
through December 2016 is included as Attachment B-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."
5. Section 4A of the Original Agreement is hereby amended by adding the following to the
end thereof:
"For services provided pursuant to Amendment Agreement No. 1 for the term
of January 2016 through December 31, 2016 the ENGINEER shall be paid at
the direct hourly rate of personnel employed on the PROJECT based on the
rate schedule in Attachment C-1, with a total fee not to exceed $98,000
regardless of the actual costs incurred by the ENGINEER unless substantial
modifications to the scope of work are authorized in writing by the
DIRECTOR and approved by way of written amendment to this agreement."
6. Section 4B of the Original Agreement is hereby amended by adding the following to the
end thereof:
"Reimbursable expenses for the term of January 2016 through December 2016
are included within the total fee amount not to exceed $98,000 referred to in
Section 4A hereof."
7. The changes provided to the Original Agreement, as provided in this Amendment
Agreement No. 1 are germane to the Original Contract, and this Amendment Agreement
No. 1 is in the best interests of the City of Elgin and is authorized by law.
8. That except as amended in this Amendment Agreement No. 1, the Original Agreement
shall remain in full force and effect.
9. That in the event of any conflict between the terms of the Original Agreement and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF ELGIN CONSULTANT
By: ' By: f/� • LL/
ty Manager Its President/CEO
Attest: Attest:
,t/u■r t.K All /
City Clerk ` ecret•ry / 0
7
F:\Water\NPDES MS 4 2014-2018\Agreement\amendment 1 -2016\BaxterWoodman-Amend#1-NPDES Phasell ESA.docx
NPDES Phase II Storm Water Permit Compliance Project 2014-2018
ATTACHMENT A-1
SCOPE OF SERVICES FOR YEAR 2
(January 2016 through December 31, 2016)
I. Reports and Application of Permit
a. Prepare the IEPA application for the CITY's upcoming permit. Submit all relevant
documentation to the IEPA to ensure all conditions of the permit are met.
b. Develop step-by-step procedures for the CITY to follow for future compliance of the
permit. The ENGINEER shall prepare these step-by-step procedures as a training
tool for CITY staff. This task includes working with IEPA to find out scope and
specifics of work needed to be done for future compliance with the permit.
c. Provide a monthly status report keyed to the PROJECT schedule to accompany the
associated invoice. The monthly status report shall describe the tasks completed for
the period, pending tasks with anticipated completion dates, and items the
ENGINEER is waiting for the CITY to provide.
2. Project Management and Administration
a. Coordination with CITY—Confer with the CITY, from time to time, to clarify and
define the general scope, extent, and character of the PROJECT. This includes
attending up to three(3) PROJECT meetings with the CITY in addition to the other
meetings identified in this Scope of Services. The ENGINEER shall interface with
various CITY departments,as may be necessary to complete the tasks included in this
Scope of Services.
b. Project Administration — Plan, schedule, and control activities that must be
performed to complete the PROJECT. These activities include, but are not
limited to, budgeting, scheduling, scoping, and managing.
c. Coordination with Other Entities — Coordinate with outside agencies and other
CITY departments and consultants,including,but not limited to,Kane County,Kane-
DuPage Soil and Water Conservation District,the CITY's Public Works Department,
Water Department, Neighborhood Liaison Office, and the CITY's GIS and CSO
consultants. Work with these entities to take advantage of existing programs,avoid
duplication of effort, and ensure compatibility of documents and data.
d. 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.
3. Stormwater Management Program Implementation
3.1 Public Education and Outreach Program
a. Newsletter Articles — Prepare two (2) articles suitable for publication in the Elgin
Neighbor Newsletter. One article shall be on the appropriate use of fertilizers,
pesticides, and herbicides for lawn care. The other article shall promote natural
landscaping and The Conservation Foundation's Conservation @Home program,
which awards environmentally friendly landscaping on private property.
b. Outreach Activities—Attend up to three(3)CITY events, such as the Public Works
Open House, Earth Day,or the Farmer's Market,to distribute flyers and speak with
the public about stormwater pollution prevention.
c. Classroom Education and Outreach Program—Coordinate up to two(2)classroom
presentations by the Kane-DuPage Soil and Water Conservation District to educate
students within the CITY. Provide one(1)educational presentation to a high school
or community college class within the CITY. The presentations shall educate
students about the impacts of stormwater runoff and the practices that can be used to
minimize stormwater pollution.
d. In-Stream Education and Outreach Program—Coordinate with the Friends of the Fox
River to educate and train elementary and middle school aged children about water
quality. The Friends of the Fox River anticipates classroom contact with 550 Elgin
students and another 600 will be collecting water quality data in local streams such as
Willow Creek in Lord's Park.
3.2 Public Involvement/Participation Program
a. Outreach Activity—Provide one(1)presentation on the benefits of rain gardens and
permeable pavers,with information about installing these BMPs on private property.
This presentation may be scheduled to coincide with another CITY event, such as
Earth Day or the CITY's annual native plant sale. Hardware vendors may be invited
to set up display booths with building materials and tools relevant to the presentation.
b. 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.
c. 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.
3.3 Illicit Discharge Detection and Elimination Program
a. Outfall Inspections—Perform field investigations for up to 240 known outfalls within
the CITY to detect potential non-stormwater discharges,including illegal dumping,into
the separate storm sewer system. Identify any outfalls not already included on the
CITY's storm sewer system atlas and ensure that these outfalls are added to the atlas.
Coordinate with the CITY on any illicit discharge monitoring,tracking,and removal
activities that may need to be conducted as a result of the outfall inspections.
b. Stormwater Hotspot Facility Inspections — Identify potential commercial and
industrial stormwater hotspots in the CITY. Conduct up to eight(8)new and follow-
up site inspections at these facilities to identify potential sources of stormwater
pollution,determine compliance with the NPDES Industrial Stormwater Program,if
applicable,and recommend appropriate follow-up actions. If possible,conduct site
inspections with CITY staffto provide training on the use of inspection procedures and
field forms. Inspections may also be coordinated with representatives from the Fox
River Water Reclamation District.
3.4 Post-Construction Stormwater Management Program
a. Homeowner Association Outreach — Schedule one (1) on-site meeting with
representatives of a homeowner association to visit onsite detention basins and
nearby streams. The purpose of the meeting shall be to discuss stormwater pollution
prevention and proper maintenance and upkeep of the detention basins. Contact
information for the homeowner association shall be provided by the CITY's
Community Network.
3.5 Municipal Pollution Prevention/Good Housekeeping Program
a. Collector Application - Develop GIS-based mobile applications to document and
track inspection and maintenance activities related to the CITY's stormwater
management system.
b. Employee Training Presentation — Provide four (4) educational presentations to
remind, inform and encourage CITY personnel to prevent and reduce stormwater
pollution from municipal operations and to document activities that prevent
pollution.
c. Municipal Facility Inspections—Inspect up to twelve(12)CITY facilities according to
the Annual Inspection Procedures included within the Stormwater Pollution
Prevention Plan for CITY Facilities. Site inspections will be performed with CITY
staff to provide training on the use of inspection procedures and forms.
3.6. Monitoring, Record Keeping and Reporting
a. Annual Facility Inspection Report (AFIR) — Prepare and submit an Annual Facility
Inspection Report to the IEPA by the deadline dictated by the IEPA.
b. Water Quality Monitoring— Collect samples from bodies of water such as the Fox
River and Tyler Creek at four(4)strategic locations to evaluate the effectiveness ofthe
CITY's NPDES Municipal Stormwater Program. Samples will supplement data
available from other sources and will be collected on four(4)occasions throughout the
year, during wet weather. This task includes the cost of water quality testing at a
private laboratory.
c. Annual Program Review — Review the CITY's efforts to reduce the discharge of
pollutants from its separate storm sewer system,protect water quality,and satisfy the
applicable requirements of the 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,including any changes that may be necessary if the
IEPA determines that the CITY will be regulated as a Phase I community. Provide the
CITY with a summary of the recommended improvements.
d. File Maintenance—The ENGINEER shall maintain,expand,file,clean,and generally
update, an existing file system for the PROJECT in the office of the CITY and
applicable related web page(s)by coordination with the CITY's webmaster. Said file
shall be used to maintain all aspects ofNPDES Phase II permitting. At a minimum,the
CITY's file will include,copies of applicable NPDES Permits; applicable forms and
instructions for their use; monthly status reports, yearly compliance reports;
inspection forms and instructions for their use; documentation of participation in
public meetings and presentations including meeting minutes/notes and follow up
documentation of same;publications related to stormwater pollution prevention and
reduction;publications for use in local newspapers and the CITY's newsletter; and
any other documentation needed by the CITY to demonstrate compliance with the
conditions of the NPDES Municipal Stormwater Program.
4. Geographic Information System(GIS)
a. Revise Storm Sewer Data — Work with CITY staff to resolve any question areas
and/or issues related to the storm sewer data to ensure the overall accuracy of the
data.
b. Hyperlink Detention Basin Record Drawings—Link record drawings for up to twenty
five(25)detention basins to the CITY's GIS using record drawings provided by the
CITY.
c. Hyperlink Outfall Inspection Data— Link inspection forms and photographs from
outfall inspections to the CITY's GIS.
d. Additional Storm Sewer Data—Add the stormwater infrastructure improvements for
up to four(4) subdivisions,based on record drawings provided by the CITY.
e. Web-Based Mapping Application—Host the CITY's GIS data on the ENGINEER's
dedicated GIS server.
f. Sewer Televising Linkage to GIS — Link files for up to ten (10) sewer televising
videos to the CITY's GIS. The CITY will provide the ENGINEER with digital video
files and related documents.
NPDES Phase II Storm Water Permit Compliance Project 2014-2018
ATTACHMENT B-1
SCHEDULE FOR YEAR 2
(January 2016-December 31,2016)
DISTINCT TASKS COMPLETED BY
1. Notice to Proceed
2. IEPA Application January 2016
3. Procedural Documents
4. Classroom Education—Larkin High School
5. Newsletter Articles
6. Stakeholder Meeting February 2016
7. GIS Collector Application
8. Water Quality Monitoring#1 March 2016
9. Outreach Activity—Earth Day April 2016
10. Outreach Activity—Public Works Open House
May 2016
11. Annual Facility Inspection Report
12. Outreach Activity—Farmer's Market
13. Homeowner Association Outreach
June 2016
14. Municipal Facility Inspections
15. Water Quality Monitoring#2
16. Outfal l Inspections
July 2016
17. Hyperlink Detention Basin Record Drawings
18. Stormwater Hotspot Facility Inspections
19. Hyperlink Outfall Inspection Data August 2016
20. Water Quality Monitoring#3
21. Additional Storm Sewer(GIS) Data September 2016
22. Employee Training Presentations
23. Sewer Televising Linkage to GIS October 2016
24. Annual Program Review November 2016
25. Water Quality Monitoring#4 December 2016
ONGOING TASKS DATE
1. Monthly Status Reports 12 per year
2. Coordination Meetings with CITY 3 per year
3. Classroom Education Presentations by KDSWCD 2 per year
4. In-Stream Education and Outreach by FOFR TBD
5. Public Participation Events by Various Stakeholder Groups TBD
6. Project Administration As needed
7. Coordination with Other Entities As needed
8. Coordination with CSO/SSO Programs As needed
9. Revise Storm Sewer(GIS)Data As needed
10. File Maintenance As needed
CITY OF ELGIN,ILLINOIS
NPDES PHASE II STORMWATER PERMIT COMPLIANCE PROJECT 2014-2018
ATTACHMENT C-1
BAXTER&WOODMAN,INC.
2016 HOURLY WAGE RATES
FOR PROFESSIONAL SERVICES
EMPLOYEE CLASSIFICATION HOURLY WAGE RATES
Principal $58 to $82
Senior Engineer III to IV $49 to $68
Senior Engineer Ito II $40 to $48
Engineer III to IV $36 to $40
Engineer I to ll $25 to $32
Engineering Technician III to V $35 to $56
Engineering Technician Ito II $15 to $33
Senior Geologist $47 to $47
CAD/GIS/Survey Technician III to IV $33 to $54
CAD/GIS/Survey Technician Ito II $26 to $32
Clerical II $29 to $46
Clerical I $12 to $28
Support Manager $57 to $64
Hourly rates for inspection services do not include any overtime.
The Engineer may adjust the hourly billing rate and out-of-pocket expenses on or about January 1 of
each subsequent year and will send the new schedule to the Owner.
Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by
the US.Internal Revenue Service.
Company-owned/leased vehicle usage will be reimbursed at a rate of$65.00 per diem
or$32.50 per half diem.
Global Positioning System Survey Equipment Usage is$60/hour.
Traffic Counters$50/day.
Miovision Traffic System usage will be reimbursed at a rate of$600.00 per diem and
$24.00 per hour processing.
Sub-consultant costs will be reimbursed at their invoice costs plus 5%
Revised 2015.11-17,162DRM
C:\Users\476mgp\Desktop\Copy of Rate Sheets.Standard Wage 2016