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HomeMy WebLinkAbout20-165Resolution No. 20-165 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE POPLAR CREEK FLOODPLAIN STUDY REVIEW PROJECT 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 an Agreement on behalf of the City of Elgin with HR Green, Inc., for professional services in connection with the Poplar Creek Floodplain Study Review Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Ka[}tain David J. Kaptain, Mayor Presented:: December 16, 2020 Adopted: : December 16, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 16a' day of December, 2020, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HR Green, Inc., an Iowa corporation, authorized to do business in the State of Illinois; (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Poplar Creek Floodplain Study Review Project (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it 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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to -wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Engineer of the CITY, herein after referred to as the "CITY ENGINEER". B. The scope of work will include hydrologic model review, survey, hydraulic model review, technical memorandum and project administration. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. • Council Approval and Notice to Proceed - December 16, 2020 • Task 1 - Review Hydrologic Model Prepared by ISWS — January 15, 2021 • Task 2 - Limited Stream and Culvert Survey - January 29, 2021 • Task 3 - Review Hydraulic Model Prepared by ISWS - February 26, 2021 • Task 4 - Technical Memorandum — March 30, 2021 • Task 5 - Project Administration — March 30, 2021 B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. 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 CITY ENGINEER monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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 CITY ENGINEER; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. 4. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the bill rate of personnel employed on this PROJECT, with the total fee not to exceed $33,444.20 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY ENGINEER, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0%. The cost of any such outside services is included within the total not -to -exceed amount of $33,444,20 provided for in Section 4A above. C. Mileage and Printing Costs are included as reimbursable costs. The cost of any such reimbursable expenses is included within the total not -to -exceed amount of $33,444.20 provided for in Section 4A above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the CITY ENGINEER. -2- Date Estimated Percent Complete Estimated Value of Work Completed Estimated Invoice Value 12/31/2020 6.3% $2,104.45 $2,104.45 01/31/2021 50.1% $14,652.45 $16,756.90 02/28/2021 82.2% $10,733.25 $27,490.15 03/31/2021 100% $5,954.05 $33,444.20 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. 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 section 4 above. 7. 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 section 6, 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. 8. 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 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 CITY ENGINEER relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY ENGINEER shall proceed without interruption. -3- 9. 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. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. 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, attorneys 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. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. 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. 12. INSURANCE The ENGINEER shall provide, pay for and maintenance in effect, during the term of this AGREEMENT the following types and amounts of 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 -4- liability insurance 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 CITY ENGINEER 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 CITY ENGINEER. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 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 modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance 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 Engineers 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 CITY ENGINEER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY ENGINEER. 13. 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. 14. NONDISCRINIINATION 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 -5- 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. 15. 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. 16. 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. 17. 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. 18. SEVERABILITY The parties intend and agreed that, if any section, sub -section, 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. 19. HEADINGS The headings of the several sections 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. WON 20. 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 parry unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. 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. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the CITY ENGINEER, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY ENGINEER prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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 5133E et seq. or any similar state or federal statute regarding bid rigging. 25. 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; -7- 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. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the CITY ENGINEER prior to the entry into and execution of this agreement. 27. 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. 28. 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: B. As to ENGINEER: Ronald L. Rudd, P.E. City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 29. COMPLIANCE WITH LAWS Ajay Jain, P.E., C.F.M Vice President HR Green, Inc, 420 North Front Street McHenry, IL 60050 Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re -executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By: Richard G. Kozal, City Manager Name/Print: _ Aj ay Jain Title: Vice President — Practice Leader Attest: J/,-, "' P""\ Kimberly D61s, City Clerk FALegal DepAAgreemenAENGINEERING AGREEMENT-FORM-clean-10-2-18.docx BLOM ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT For POPLAR CREEK FLOODPLAIN STUDY REVIEW Prepared For Ronald L. Rudd, P.E. City Engineer 1900 Holmes Road Elgin, Illinois 60123-1200 (847)931-6081 Email: rudd rCa)citvofelgin.org Prepared By Ajay Jain, P.E., C.F.M Vice President 420 N. Front Street McHenry, IL 60050-5528 (815) 759-8331 Email: wain hrgreen.com HR Green Project No.: 170339 November 17, 2020 Version 2.1 02212019 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CITY RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 1 of 6 1.0 Project Understanding 1.1 General Understanding The Illinois State Water Survey (ISWS) was contracted by the Federal Emergency Management Agency (FEMA) to update the 2010 Detailed Watershed Plan (2010 DWP) Hydrologic and Hydraulic (H&H) models in Kane and Cook Counties and incorporate them into the effective FEMA Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS). As part of that contract, the ISWS updated and prepared a revised H&H models of Poplar Creek, portion of which is located within the corporate limits of the City of Elgin, IL. Because of this update, ISWS has prepared the draft FIRMs for Poplar Creek, which were presented to the City at the Flood Risk Review meeting held in October 2018. Upon completion of the update process, the draft FIRMs will form the basis for the Special Flood Hazard Area (SFHA) that will be shown on the revised FIRMs when they become effective. A summary of the impacts to the floodplain of Poplar Creek are as follows: • The updated hydrologic study of Poplar Creek shows that the flows in Poplar Creek has increased by approximately 64%; from 2,010 cubic feet per second (cfs) in the current effective FIS to 3,295 cfs as modeled by ISWS • The increase in flows as well as an updated hydraulic model of Poplar Creek results in an increase of flood elevations along Poplar Creek. Between Fox River and Cookane Avenue, the flood elevations have increased by almost 3 feet. Once the draft FIRM maps become effective, the revised SFHA will add additional properties in the floodplain of Poplar Creek. While the floodplain limits have generally increased throughout the study area, the worst impacted area is located between Hammond Avenue to the south, Dixon Avenue to the north, Grace Street to the west and Lavoie Street to the east. City has however not had any record of flooding to the extent shown in the revised floodplain limits in the impacted area. Additionally, the floodway boundary along Poplar Creek has significantly increased. It must however be noted that the floodplain limits map the risks for a 100-year storm event. The past historical storms are not necessarily representative of a 100-year flood event. • The Poplar Creek in general has experienced flooding within the limits of currently mapped floodplain boundaries and the City has purchased known flood prone properties. It is typical of these studies to utilize best available data which can sometimes be limited such as survey of existing culverts and channel; for example, any improvements City has made to any culverts or channel section since the FEMA study was last completed is likely not reflected in the revised model by ISWS. The impacts of the revised floodplain maps can be very significant to the City as the new maps, when they become effective, will put additional properties in the floodplain, which may require that these property owners purchase flood insurance. Any development or redevelopment of parcels along Poplar Creek will be subject to floodplain permitting based on new maps. Additionally, the Version2.1 02212019 Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 2 of 6 properties mapped in new floodway will have both regulatory impacts and flood insurance impacts. We recommend that the City use a phased approach to the Poplar Creek Floodplain Revision as noted below: Phase 1 — Floodplain Map Review As noted above, the study completed by ISWS is based on best available data. This includes an update to the H&H models. Since the maps are in draft stage, the City has an opportunity to investigate and provide review comments along with supporting technical data that will allow ISWS to review the presented information and incorporate it in the map revisions prior to them becoming effective. The scope of the Phase I is further discussed below. Phase 2 — Poplar Creek Flood Mitigation Study and Master Plan Should the floodplain limits of Poplar Creek stay as currently mapped in the ISWS draft maps, which is likely given the 64% flow increase along Poplar Creek, the City shall be proactive in undertaking a flood mitigation and master plan study to determine how the impacts of the new study and revised floodplain limits be minimized with the following objectives: • Reduce impacts to newly mapped properties in the floodplain; • Reduce flooding along Poplar Creek that has been observed historically based on current effective as well as new FIRMs; • Assess what impacts, the new hydrologic data (Bulletin 70 updates) will have on flows and flood profiles; • Develop a master plan to guide phased implementation of projects based on priority and cost -benefit analysis; and • Apply for funding through applicable funding agencies including but not limited to FEMA, Illinois Department of Natural Resources (IDNR), Environmental Protection Agency.(EPA), and other local, state and federal grant programs. A detailed scope for Phase 2 shall be developed upon completion of Phase 1. The scope and fee for the Phase 1 is presented below in the proposal. 1.2 Design Criteria/Assumptions The review of the floodplain maps and technical data provided by ISWS will be completed in accordance with best practices utilized in hydrologic and hydraulic modeling as well as applicable guidance from FEMA, IDNR and Kane County Stormwater Ordinance. 2.0 Scope of Services The CITY agrees to employ ENGINEER to perform the following services: Task 1 - Review Hydrologic Models Prepared by ISWS ENGINEER will request from ISWS (through the City) H&H models in electronic format prepared for Poplar Creek. As noted above, the hydrologic models prepared by the ISWS indicates that the flows in Poplar Creek have increased by 64% (from 2,010 cfs to Version2.1 02212019 Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 3 of 6 3,295 cfs). ENGINEER will review the hydrologic model to ensure that appropriate hydrologic parameters (watershed, runoff curve numbers, times of concentration, etc.) were used in the model and that any upstream storage (detention basins, depressional storage, etc.) was included in the model. The scope for the ENGINEER is not to update the hydrologic model in its entirety; instead, ENGINEER will identify significant deviations from best practices and/or opportunities that could provide storage routing such that flows within Poplar Creek are better represented of actual watershed conditions. Task 2 — Limited Stream and Culvert Survey As noted above, the models prepared by ISWS are based on updates to the earlier models prepared as part of the 2010 DWP prepared by the Metropolitan Reclamation Watershed District and is based on best available data. It is not uncommon for FEMA and its technical partners to complete these models based on available topographic and structure data. Although, it appears that much of the increase in waters surface elevation within Poplar Creek is a result of increased flows, it is assumed that survey was not completed of the culvert and/or the channel, which can sometimes have a significant impact on the hydraulic results. As part of the review services, ENGINEER recommends performing a survey of the structures along Poplar Creek and of the road profiles where the overtopping happens. The following structures are located along the creek: 1. Railroad Structure 2. Raymond Street 3. Railroad Structure (Not in old FIS) 4. St. Charles Street 5. Bluff City Boulevard 6. US 20 (upstream of this, it confluences with Lord's Park Tributary) 7. Villa Street 8. Dickie Avenue (Not in old FIS 9. Varsity Drive (aka Campus Drive in FIS) 10. Irving Park Road (IL-19) (Upstream of this is outside of the corporate limits of Elgin) The following structures are located along the Lord's Park Tributary 11. Bent Street 12. Villa Street 13. Laurel Street 14. E. Chicago Street (IL-19) 15. Bode Road 16. Lord's Park bridges (3 within park) ENGINEER recommends that structures that appears to be undersized and are overtopping per model review be surveyed. The following structures are included in the scope and fee for survey: • Upstream and downstream face of the structures 1, 2, 3, 4, 5, 6, 7 and 12. These structures appear to have the greatest restriction to flow along Poplar Creek and hence would also appear to have the most significant impact to the flood elevations along Poplar Creek. Version2.1 02212019 Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 4of6 Please refer to Exhibit 1 for structures identified for survey. The survey data will be compiled and prepared to submit to ISWS for updates to the model, if necessary. Task 3 - Review Hydraulic Models Prepared by ISWS Similar to Task 1 above, ENGINEER will review the hydraulic model for Poplar Creek. The model will be compared to the survey data obtained in Task 2 above. The scope for the ENGINEER is not to update the hydraulic model in its entirety; instead, ENGINEER will identify significant deviations from best practices and/or opportunities that could produce flood elevations, which are better represented of historical flood observations by the City. . Task 4 — Technical Memorandum ENGINEER will prepare a Technical Memorandum summarizing our findings along with relevant structure surrey, modeling discrepancy, etc. The Technical Memorandum will be prepared in a format that if any significant findings are made, it will consist of sufficient detail that it can be submitted to ISWS to request model updates. If it is determined, that ISWS models are appropriate and there are no significant findings, the Technical Memorandum will summarize the basis of such conclusions. Task 5 — Project Administration, Meetings and Correspondence This task will include overall project administration for the duration of the work including preparing work plan and scheduling resources to meet project schedule and budgets. ENGINEER will provide updates to the CITY on a regular basis and attend project progress meetings as follows: • An in -person meeting will be scheduled to discuss the findings of the review of hydrologic and hydraulic models. The meeting will be scheduled at the City Public Works office upon completion of Task 1-3 above. Other updates and/or project discussions will be held via phone conferences, emails or screen share meetings. 3.0 Deliverables and Schedules Included in this Agreement ENGINEER will provide the following deliverables to the CITY: • Electronic copy of the Technical Memorandum with supporting data including but not limited to field survey data, model updates, etc. developed as part of the scope of this Agreement. See ATTACHMENT B for schedule. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: • Topographic and/or boundary survey • Environmental Assessments Version2.1 02212019 Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 5 of 6 • Field survey and/or verifications other than noted in the scope • Hydrologic and hydraulic model updates including proposed conditions models • Phase 2 services as noted above • Concept, preliminary or final engineering plans • Flood mitigation study and/or • Funding analysis • Permits and/or jurisdictional agencies coordination • Coordination with ISWS or FEMA on model updates Supplemental services not included in the agreement can be provided by ENGINEER under separate agreement, if desired. 5.0 Services by Others Not applicable 6.0 CITY Responsibilities The following items shall be provided by the CITY: Request and provide electronic copies of the hydrologic and hydraulic models and work maps from ISWS Copies of as -built and any major capital projects completed along Poplar Creek including upsizing of culverts and channel grading Provide review comments within 2 weeks of submittal of Draft Technical Memorandum. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on ENGINEER standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for ENGINEER's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, ENGINEER may 1�lithe, it ,A.ai;,ing any cla;rn or "iyl't agai .st the CITY, and without liability whatsoever to the CITY, suspend or terminate the performance of services. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CITY. Version2.1 02212019 H Green 7.4 Exclusion Professional Services Agreement Poplar Creek Floodplain Study Review 170339 November 17, 2020 Page 6 of 6 This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CITY AGREES to pay ENGINEER on the following basis: TASK Description Labor Costs Direct Costs Total Costs 1 Review Hydrologic Models $7,664.00 $7,664.00 Prepared by ISWS 2 Task 2 — Limited Stream and $7,814.00 $135.60 $7,949.60 Culvert Survey 3 Review Hydrologic Models $8,816.00 $8,816.00 Prepared by ISWS 4 Technical Memorandum $6,728.00 $6,728.00 Project Administration, 5 Meetings and $2,264.00 $22.60 $2,286.60 Correspondence TOTAL FOR PROJECT $33,286.00 $158.20 $33,444.20 rime and material basis with a Not to Exceed fee of $33,444.20 Version2.1 02212019 0 ATTACHMENT B - SCHEDULE* • Council Approval and Notice to Proceed - December 16, 2020 • Task 1 - Review Hydrologic Model Prepared by ISWS — January 15, 2021 • Task 2 - Limited Stream and Culvert Survey - January 29, 2021 • Task 3 - Review Hydraulic Model Prepared by ISWS - February 26, 2021 • Task 4 - Technical Memorandum — March 30, 2021 • Task 5 - Project Administration — March 30, 2021 *This schedule was prepared to include reasonable allowances for review and approval times required by the CITY and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CITY or for delays or other causes beyond the control of ENGINEER. Version 2.1 02212019 E . | US. } 6ƒ E�A 0 �{f aa3£ \100