HomeMy WebLinkAbout21-162 Resolution No. 21-162
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE POPLAR CREEK FLOOD
MITIGATION MASTER PLAN PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER 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 Flood Mitigation Master
Plan Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 3, 2021
Adopted: November 3, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of November,2021 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 Flood Mitigation Master Plan 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 professional services to prepare a Poplar Creek
Flood Mitigation Master Plan.
C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A,
and incorporated into this Agreement by this reference.
D. This Agreement with the ENGINEER is germane to the Original Agreement with
the ENGINEER with respect to the PROJECT as signed and this Agreement is in
the best interest of the CITY and authorized by law.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
• Council Approval—November 3,2021
• Executed Agreement and Notice to Proceed—November 17,2021
• Task 1 -Project Management and Administration—July 15, 2022
• Task 2 -Stakeholder Meetings—December 17, 2021
• Task 3 -Data Collection and Review—December 17, 2021
• Task 4 - Surveying Services—December 17,2021
• Task 5 -Alternative Analysis—April 22, 2022
• Task 6—Phasing Plan—May 13, 2022
• Task 7—Funding Eligibility Analysis—June 3,2022
• Task 8—Master Plan Technical Memorandum—July 15, 2022
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$149,490.00 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$149,490.00
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
$149,490.00 provided for in Section 4A above.
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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.
Date Estimated Estimated Value of Estimated
Percent Complete Work Completed Invoice Value
11/30/2021 3% $4,485.00 $4,485.00
12/31/2021 15% $17,939.00 $22,424.00
1/31/2022 31% $23,919.00 $46,343.00
2/28/2022 45% $20,929.00 $67,272.00
3/31/2022 59% $20,929.00 $88,201.00
4/30/2022 73% $20,929.00 $109,130.00
5/31/2022 94% $31,393.00 $140,523.00
6/30/2022 97% $4,930.00 $145,453.00
7/31/2022 100% $4,037.00 $149,490.00
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.
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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.
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 501/1, 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.
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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 maintain 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
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
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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. 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.
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
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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.
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 party 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
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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.
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;
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.
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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. Ajay Jain, P.E., C.F.M
City Engineer Vice President
City of Elgin HR Green, Inc,
150 Dexter Court 1391 Corporate Drive, Suite 203
Elgin,Illinois 60120-5555 McHenry, IL 60050
29. COMPLIANCE WITH LAWS
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
on a copyof this
manners and respects as an original document. The signature ofany party
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
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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. oza , City ana
Name/Print: Ajay Jain
Title: Vice President—Practice Leader
Attest:
Kimberly De s, ty Clerk
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-c lean-10-2-1 8.docx
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1-+ ThJ
HRGreen.
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
For
POPLAR CREEK FLOOD MITIGATION MASTER PLAN
Prepared For
Ronald L. Rudd, P.E.
City Engineer
1900 Holmes Road
Elgin, Illinois 60123-1200
(847) 931-6081
Email: rudd r(a�cityofelgin.orq
Prepared By
Ajay Jain, P.E., C.F.M
Vice President
1391 Corporate Dr., Suite 203
McHenry, IL 60050-5528
(815) 759-8331
Email: ajainAhrgreen.com
HR Green Project No.: 170339.01
October 13, 2021
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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
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1.0 Project Understanding
1.1 General Understanding
The 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 preliminary 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 preliminary FIRMs will form the basis for
the Special Flood Hazard Area (SFHA)that will be shown on the revised FIRMs when
they become effective. On September 2021, ISWS sent a letter to the City announcing the
release of the preliminary FIRM's and FIS. This is an update of the draft preliminary
FIRMs presented to the City in October 2018. The letter outlines the course of actions
which now will be taken by the ISWS to make the FIRM's and FIS effective, which is
expected to occur 7-10 months after the 90-day appeal period. The appeal period could
start as early as Fall 2021.
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 preliminary FIRMs 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.
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
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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 properties mapped in new floodway will have both
regulatory impacts and flood insurance impacts.
ENGINEER previously recommended a phased approach as follows:
Phase 1 — Floodplain Map Review
Phase I included limited survey of the existing roadway crossing culverts and review of the
ISWS models to determine if the models accurately represent existing field conditions and
hydrology. The purpose of the Phase I was to develop comments that can be submitted
to ISWS for incorporation into the preliminary FIRM's and FIS prior to them becoming
effective.
Phase 2— Poplar Creek Flood Mitigation Master Plan
Phase 2 included development of a flood mitigation master plan 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 75)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
• Identify opportunities and apply for funding through applicable funding agencies
including but not limited to Metropolitan Water Reclamation District of Greater
Chicago (MWRDGC), FEMA, Illinois Department of Natural Resources (IDNR),
Environmental Protection Agency(EPA), and other local, state and federal grant
programs.
Phase I was completed and a report prepared for the City in May 2021. The finding from
the study resulted in the following conclusion:
Hydrology: The hydrologic models, including input parameters, prepared by ISWS were
found to be acceptable. In fact, ISWS made considerable efforts in calibrating the
hydrologic model to match past flood events, which reduced the modeled flows
substantially. Absence of this effort in calibration would have resulted in higher flow
estimates, further increasing the impacts along the Poplar Creek and Lord's Park Tributary.
Hydraulics: No significant deviations were found between the field survey and modeled
culverts and roadways. The hydraulic models prepared by ISWS were found to be
acceptable.
The CITY has asked ENGINEER to submit this proposal to provide professional services
for the Phase 2 portion to develop a Poplar Creek Food Mitigation Master Plan. The
scope of services for professional engineering services is provided below.
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1.2 Design Criteria/Assumptions
The development of the Flood Mitigation Master Plan 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 —Project Administration
An approximately eight (8) month project duration is anticipated from the date of Notice to
Proceed (NTP). This task will include general administrative tasks associated with the
project during the project duration, including, but not limited to:
• One (1)virtual kickoff meeting with the CITY;
• One (1) kickoff meeting with the project team;
• Two (2)virtual progress meetings with the CITY;
• Developing a Project Work Plan and Schedule;
• Managing scope, schedule, and budget;
• General project correspondence with the CITY; and
• General administrative tasks related to invoicing, collating, copying, and filing
Task 2—Stakeholder Meetings
The Poplar Creek watershed extends upstream in Cook County and includes local
municipalities of Village of Hoffman Estates, Village of Streamwood and Village of South
Barrington and unincorporated areas of Cook County including but not limited to Forest
Preserve District of Cook County (FPDCC). Villa Street culvert is an Illinois Department of
Transportation (IDOT)structure. Lastly, Poplar Creek is a mapped floodway and floodplain
and under the permitting jurisdiction of Illinois department of Natural Resources - Office of
Water Resources (IDNR-OWR). These agencies are hence the stakeholders in the
watershed. The purpose of the stakeholder meetings is to meet with them early and during
the course of the master planning process to make them aware of the study and identify
opportunities for partnership. The following meetings are included:
• Two (2) meetings with Village of Hoffman estates;
• One (1) meeting with the Village of Streamwood;
• One (1) meeting with the Village of South Barrington;
• One (1) meeting with IDOT;
• One (1) meeting with FPDCC; and
• One (1) meeting with IDNR-OWR;
The need for property owners (resident and business), who are also impacted stakeholder
in the watershed was discussed with the CITY during the project scoping. Per discussions
with the CITY, property owner coordination was not included in the scope of this project. It
was determined that this coordination will be more productive during the project
implementation phase.
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Task 3 - Data Collection and Review
Scope will include obtaining the available data from the CITY to assist in preparation of the
master plan. This data will include, but not be limited to:
• Copies of any prior studies/reports and/or surveys completed within the watershed;
• Known flooding locations and complaint history including known high water marks,
if available for recent and historical storm events;
• GIS coverage and shape files including the most current parcel data, aerial imagery
including planimetric data, topographic data, zoning maps, and other pertinent data;
• GIS coverage and shape files of the existing utilities (storm sewer, sanitary sewer,
watermain)within the study area including structure and pipe network, and rims and
inverts elevation and pipe material, if available; and
• List and location of planned Capital Improvement Projects(CIP)including water main
replacements, sewer system replacements or rehabilitation, roadway resurfacing
and reconstruction, bike path and pedestrian improvement projects, and other CIP
needs CITY may have identified within the watershed, especially along the Poplar
Creek corridor.
COMPANY representatives will also complete one (1) field reconnaissance to obtain and
document existing conditions along Poplar Creek within the CITY limits.
A GIS Base Map will be prepared to document available data and existing conditions.
Task 4—Surveying Services
A structure survey for structures downstream of Villa Street was completed during the
Phase I portion. The following scope of services are included for surveying services in
phase 2 (please refer to Exhibit 1 for the survey limits):
• Approximately ten (10) structure surveys are anticipated and will be completed
upstream of Villa Street. This will include obtaining structure waterway opening;
• Upstream of Villa Street, the flows from Poplar Creek overtops the banks and flows
northwest. The overflow points will be surveyed to better define the weir geometry;
and
• Up to forty-five (45) structure low entry elevation will be surveyed to determine
flood risk in comparison to pre and post project flood elevations.
A detailed topographic survey of the stream will not be completed at this time. Once the
projects are identified and approved for design, additional surveys will be required during
final design.
Task 5—Alternative Analysis/ Proposed Conditions H&H Model
Upon general acceptance of the opportunities discussed with the CITY and stakeholders,
ENGINEER will prepare up to three (3) alternatives for the proposed conditions. The
alternative analysis will likely consist of a combination and/or variations of the following
options:
• Conveyance improvements for additional capacity in Poplar Creek;
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• Regional detention upstream of Villa Street to reduce flows to Villa Street culvert;
• In-line storage by expanding floodplain upstream in areas not identified for other
beneficial use; and
• Limited but strategic buy-outs
Pre and post inundations maps for various storm events will be prepared for feasible
alternates to measure the performance and effectiveness of the alternates. A field review
of the alternates will be completed for feasibility and constructability and cost impacts. A
concept level Engineer's Opinion of Probable Construction Cost (EOPC) and Benefit-Cost
analysis will be prepared for each alternate. The Benefit-Cost analysis will be based on
number of structures removed from the floodplain per construction dollar required.
One (1)workshop meeting will be scheduled and attended in person at the CITY to present
and review the findings of the Alternative Analysis. Upon feedback received from the CITY
and stakeholders, ENGINEER will finalize the Alternative Analysis phase. It is anticipated
that upon the conclusion of this task, one (1) preferred alternate will be developed for
phasing plan development.
Task 6— Phasing Plan
The improvements identified in the preferred alternative (master plan) may be cost
prohibitive or limited by the CITY's budget to be design and constructed as one project.
CITY may wish to prepare a phasing plan to inform sequencing for the implementation of
the projects identified in the preferred alternative. Some projects may have to be advanced
and/or delayed due to already planned CIP projects within the watershed and/or because of
grants and funding opportunity and their associated timelines. Based on review of the CITY's
budgetary limitations and opportunities for coordination with other planned improvements,
and grants and funding opportunities, ENGINEER will prepare a draft phasing plan for
review and approval by the CITY. A concept level EOPC will be prepared for the overall
master plan and for each of the phase. An overall exhibit documenting the proposed
improvements of the master plan as well as each of the phased projects will be prepared.
Task 7— Funding Eligibility Analysis
Based on the project scope, it is likely that the project may be eligible for funding from
various agencies including but not limited to MWRDGC, IDNR, IEPA and FEMA.
ENGINEER will review the project for applicability and advise CITY of funding application
deadlines and criteria. One (1) virtual pre-application meeting will be requested from each
of the applicable funding agencies. Scope does not include preparing the funding
application.
Task 8—Pre-Final and Final Master Plan Technical Memorandum
ENGINEER will prepare a draft Technical Memorandum for CITY's review. The
memorandum will include a narrative and compilation of all relevant data and exhibits to
guide the CITY in the planning and implementation of stormwater projects.
Based on CITY's review comments on the draft Technical Memorandum, ENGINEER will
revise and prepare a final Technical Memorandum which shall include a revised narrative and
compilation of all relevant data and exhibits to guide the CITY in the planning and
implementation of stormwater projects.
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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
• Plats of Easements
• Environmental Assessments
• Field survey and/or verifications other than noted in the scope
• Preliminary or final engineering plans
• Permits and/or jurisdictional agencies coordination
• Funding application
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 GIS data, if applicable
• Copies of flooding history and flooding complaints, if available
• Copies of as-built and any major capital projects completed along Poplar Creek
including upsizing of culverts and channel grading
• Maps of any planned CIP projects along or within the Poplar Creek watershed
• 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
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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, without waiving any claim or right against 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.
7.4 Exclusion
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 Project Administration $12,662.00 $391.00 $13,053.00
2 Stakeholder Meetings $8,702.00 $1,173.00 $9,875.00
3 Data Collection and Review $9,388.00 $196.00 $9,584.00
4 Surveying Services $15,096.00 $1,170.00 $16,266.00
5 Alternative Analysis $75,046.00 $0.00 $75,046.00
6 Phasing Plan $9,924.00 $0.00 $9,924.00
7 Funding Eligibility Analysis $2,942.00 $98.00 $3,040.00
8 Pre-Final and Final Master $12,604.00 $98.00 $12,702.00
Plan Technical Memorandum
TOTAL FOR PROJECT $146,364.00 $3,126.00 $149,490.00
Time and material basis with a Not to Exceed fee of$149,490.00
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ATTACHMENT B
PROJECT SCHEDULE*
Task Descriptions Original Schedule Date(s)
Start End
N/A Contract Approval and Notice to Proceed November 3, 2021
Task 1 Project Management and Administration November 3, 2021 July 15, 2022
Task 2 Stakeholder Meetings Nov 22, 2021 Dec 17, 2021
Task 3 Data Collection and Review Nov 22, 2021 Dec 17, 2021
Task 4 Surveying Services Nov 22, 2021 Dec 17, 2021
Task 5 Alternative Analysis Jan 3, 2022 April 22, 2022
Task 6 Phasing Plan April 25, 2022 May 13, 2022
Task 7 Funding Eligibility Analysis May 16, 2022 June 3, 2022
Task 8 Master Plan Technical Memorandum June 5, 2022 July 15, 2022
*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.
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Parcels Structures P • � !�t' p _�f 7�
,... ,
impacted Properties 554 n/ ° i 1. •N ^ 1
Poplar Creek & p p m 4.. ,, r ; Y ,,, , ,.r.-
Properties added to the floodway 404 i
Lords Park Tributary 'Pro•e new to the SFHA 380 ® • t 9 ti ( G� -! �Limded5 . y
(yarerma-eigs.a. racer :a�►a.i,.r ®.� { ♦ r '?. r , 'w. (-..project Li i.r; •.5�r.
Floodplain Revisions 1 ImpactedZone preperties include approximately 475structues' '++� �.4 •.+ . ' ^r ...• vp
1F,on 554 Parcels ' • !t' •. "a I i ri - �.., (sZL, a ,F ii ••Iit
mpact Analysis I When vs ltple structures are located onasingle parcel they are j f a;� + • r� i•• r,•� i•Fl~�" �` '� my; *�
t counted as separate structures. ° •s + - `M• .,•+v ♦'.y. a.`` , `,. t r-
EXHIBIT 2 1 ,,tad r a
-If the impacted zone shading touches a parcel it is counted f a. ti,, ' + f '°'Y S ' - k "� ,S` ,mod'.
towards the impacted parcels tally. f , Vi y
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