19-9 C -3
Resolution No. 19-9
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3
WITH BAXTER &WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND
FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE H STORM
WATER PERMIT COMPLIANCE PROJECT 2014-2018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 3 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.
David J. Kaptain, Mayor
Presented: January 23, 2019
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Kimberly A. Dewis, City Clerk
Resolution No. 19-9
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3
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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 3 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 23, 2019
Adopted: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 3
THIS AMENDMENT AGREEMENT No. 3 is hereby made and entered into this 23 day
of January, 2019 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 II 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 and the Engineer previously entered into Amendment Agreement
No. 1 dated January 27, 2016, providing for additional services for the PROJECT for the contract
year of 2016; and
WHEREAS, the Engineer performed the contract services for 2016 pursuant to
Amendment Agreement No. 1 during the years 2016 and 2017; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
further modified to include Engineering, Permit Compliance and Field Inspection activities for the
contract year January 2019 to December 2019.
WHEREAS, the contract price for the Original Agreement was $99,230.00, and the
contract price for Amendment Agreement No. 1 was $98,000, and the contract price for
Amendment Agreement No. 2 was $88,180.00, and the cost for the Engineering services January
2019 to December 2019 contract year to be provided pursuant to Amendment Agreement No. 3 is
in the amount of$87,700.00
WHEREAS, the changes contemplated by this Amendment No. 3 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 3 is in the best interest of the
City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and
other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged,
the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully recited
hereby.
2. Section IC the Original Agreement is hereby further amended by adding the following to
the end thereof:
ENGINEER shall also perform the Services described in Attachment -A-3-, entitled
"Scope of Services for 2019". 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:
An outline project milestone schedule is provided hereinunder for the services to be
provided pursuant to this amendment Agreement No. 3:
a. Annual Facility Inspection Report: May 2019
b. Annual Program Review: December 2019
4. Section 2B of the Original Agreement is hereby amended by adding the following to the
end thereof:
"A project schedule for the Project for the term of January 2019 through
December 2019 is included as Attachment B-3 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. 3 for the term
of January 2019 through December 31, 2019 the ENGINEER shall be paid at
the direct hourly rate of personnel employed on the PROJECT based on the
rate schedule in Attachment C-3, with a total fee not to exceed $87,700
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 2019 through December 2019
are included within the total fee amount not to exceed $87,700 referred to in
Section 4A hereof."
7. The changes provided to the Original Agreement, as provided in this Amendment
Agreement No. 3 are germane to the Original Contract, and this Amendment Agreement
No. 3 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. 3, the Original Agreement
shall remain in full force and effect.
9. That in the event of any conflict between the terms of the Original Agreement, the terms
of Amendment Agreement No. 1, Amendment No. 2, and the provisions in this
Amendment Agreement No. 3, the provisions of this Amendment Agreement No. 3 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 BAXTER & WOODMAN, INC.
/
BY:
By: 41110ea,syr_Z
Arioe7:
City anager I President/CEO
Attest: Attest:
Z)fee66 -5-?-1
City Clerk Its Deputy Secretary
NPDES Phase II Storm Water Permit Compliance Project
ATTACHMENT A-3
SCOPE OF SERVICES
January 1,2019 through December 31,2019
1. Project Management and Administration
a. Coordination with CITY —Confer with the CITY, from time to time, to clarify and
define the general scope, extent, and character of the PROJECT. This includes
attending up to 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. Monthly Status Report - Provide a monthly status report keyed to the PROJECT
schedule to accompany the associated invoice. The monthly status report shall
describe the tasks completed for the period, pending tasks with anticipated
completion dates, and items the ENGINEER is waiting for the CITY to provide.
2. Stormwater Management Program Implementation
2.1 Public Education and Outreach Program
a. Newsletter Articles — Prepare two (2) articles suitable for publication in the Elgin
Neighbor Newsletter. Article topics will be coordinated with City staff and will be
produced in English and Spanish.
b. Outreach Activities—Attend up to three (3) CITY events, such as an Open House,
Earth Day, or the Farmer's Market, to distribute flyers and speak with the public
about stormwater pollution prevention. MS4 program information will be presented
to the public.
c. Classroom Education and Outreach Program— Coordinate up to two (2) classroom
presentations by the Kane-DuPage Soil and Water Conservation District to educate
students within the CITY. Provide one(1)educational presentation to a high school
or community college class within the CITY. The presentations shall educate
students about the impacts of stormwater runoff and the practices that can be used to
minimize stormwater pollution.
d. In-Stream Education and Outreach Program—Coordinate with the Friends of the Fox
River to educate and train elementary and middle school aged children about water
quality.
2.2 Public Involvement/Participation Program
a. Stakeholder Meeting — 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.
b. Public Participation Events — Coordinate up to three (3) events with various
stakeholder groups designed to involve the public in reducing the discharge of
pollutants from the CITY's separate storm sewer system. Potential public participation
events include stream cleanups, storm drain marking,tree planting, and water quality
monitoring.
2.3 Illicit Discharge Detection and Elimination Program
a. Outfall Inspections—Perform field investigations for up to 240 known outfalls within
the CITY to detect potential non-stormwater discharges, including illegal dumping,
into the separate storm sewer system. High priority outfalls will be inspected. Identify
any outfalls not already included on the CITY's storm sewer system atlas and ensure
that these outfalls are added to the atlas. Coordinate with the CITY on any illicit
discharge monitoring,tracking,and removal activities that may need to be conducted
as a result of the outfall inspections.
b. Stormwater Business Inspections — Identify potential commercial and industrial
businesses in the CITY. Conduct up to eight(8)new or follow-up site inspections at
these facilities to identify potential sources of stormwater pollution, determine
compliance with the NPDES Industrial Stormwater Program, if applicable, and
recommend appropriate follow-up actions. If possible,conduct site inspections with
CITY staff to provide training on the use of inspection procedures and field forms.
Inspections may also be coordinated with representatives from the Fox River Water
Reclamation District
c. GIS Mapping Updates—Update the stormwater system GIS with new or corrected
information. Updates will include new subdivisions, capital project improvements
and modifications to existing infrastructure based on field observations.
2.4 Post-Construction Program Review
a. Review Post-Construction program implementation elements of the CITY for
compliance with MS4 permit requirements, including elements perfoi med by Kane
County or in coordination with the County. Provide a summary memo of findings and
recommendations with respect to permit requirements.
2.5 Municipal Pollution Prevention/Good Housekeeping Program
a. Employee Training Presentation — Provide four (4) educational presentations to
remind, inform and encourage CITY personnel to prevent and reduce stormwater
pollution from municipal operations and to document activities that prevent
pollution.
b. Municipal Facility Inspections—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 can be performed with CITY
staff to provide training on the use of inspection procedures and forms.
2.6. Implementation, Monitoring, Record Keeping and Reporting
a. Annual Facility Inspection Report (AFIR) — Prepare and submit an Annual Facility
Inspection Report to the IEPA by the deadline dictated by the IEPA. CITY to provide
annual report information outside of this scope of services.
b. Water Quality Monitoring — Collect samples from bodies of water such as the Fox
River and Tyler Creek at four(4)strategic locations to evaluate the effectiveness of the
CITY's NPDES Municipal Stormwater Program. Samples will supplement data
available from other sources and will be collected on four(4)occasions throughout the
year, during wet weather. This task includes the cost of water quality testing at a
private laboratory.
c. Annual Program Review — Review the CITY's efforts to reduce the discharge of
pollutants from its separate storm sewer system,protect water quality,and satisfy the
applicable requirements of the NPDES Permit. Identify improvements that 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 maybe necessary
if the IEPA determines that the CITY will be regulated as a Phase I community.
Provide the CITY with a summary of the recommended improvements.
d. File Maintenance — The ENGINEER shall review the existing file system for the
PROJECT in the office of the CITY and applicable related web page(s) by
coordination with the CITY's webmaster.
e. Audit Preparation—Assist the City with preparing for a regulatory program audit(if
performed). Assistance will include file and website material review, reporting
review, facility evaluation and audit preparation recommendations, and assistance
during the audit. Assistance with preparing an audit response letter will also be
provided.
NPDES Phase II Storm Water Permit Compliance Project 2014-2018
ATTACHMENT B-3
SCHEDULE FOR 2019
(January 2019-December 31,2019)
DISTINCT TASKS COMPLETED IN/BY
1. Notice to Proceed January 2019
2. Water Quality Monitoring #1 March 2019
3. Outreach Activity— Earth Day April 2019
4. Outreach Activity—Public Works Open House
May 2019
5. Annual Facility Inspection Report
6. Water Quality Monitoring#2 June 2019
7. Outreach Activity—Farmer's Market July 2019
8. Newsletter Articles August 2019
9. Water Quality Monitoring #3 September 2019
10. Outfall Inspections
11. Municipal Facility Inspections October 2019
12. Post Construction Program Review
13. Stormwater Business Inspections
14. Water Quality Monitoring#4 November 2019
15. Employee Training Presentations
16. File Maintenance
December 2019
17. Annual Program Review
ONGOING TASKS
1. Project Administration As needed
2. Monthly Status Reports 12 per year
3. Coordination Meetings with CITY 3 per year
4. Classroom Education Presentations by KDSWCD 2 per year
5. In-Stream Education and Outreach by FOFR TBD
6. Public Participation Events by Various Stakeholder Groups /HOA TBD
7. Coordination with Other Entities As needed
8. Audit Preparation As needed
9. Revise Storm Sewer(GIS) Data When needed
CITY OF ELGIN,ILLINOIS
NPDES PHASE II STORMWATER PERMIT COMPLIANCE PROJECT 2014-2018
ATTACHMENT C-3
BAXTER&WOODMAN, INC.
2019 HOURLY BILLING RATES AND EXPENSE ITEMS
FOR PROFESSIONAL SERVICES
EMPLOYEE CLASSIFICATION HOURLY BILLING RATES
Principal $195
Senior Engineer III to IV $155 to $180
Senior Engineer I to II $130 to $145
Engineer III to IV $110 to $120
Engineer I to 11 $95 to $100
Engineering Technician III to V $120 to $145
Engineering Technician Ito 11 $60 to $110
Senior Geologist $140
Professional Surveyor I $150
Administrative Support I to III $75 to $85
Marketing Professional Ito III $75 to $85
Accounting Professional 1 to III $75 to $100
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,
Hourly Billing Rates include direct labor and indirect overhead expenses,readiness to serve,and
profit,and are for 8 hours/day and 40 hours/week regularly scheduled work hours.
Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by
the U.S.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.
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 he reimbursed at their invoice costs plus 5%
Unmanned Aircraft System(Drone)Units will be reimbursed ata rate of$2,000.00 per day.
Flow Meter Units will be reimbursed at a rate of$750.00 per month.
BAXTERcPNOODMAN
Consulting Engineers
1:\Crystal Lake\ELGNC\140661-NPDES2014-2010\Contract\140661.93-2019NPDES MS4 Contract Amend3\Wo te Sheet,Midwest Billing 2019