HomeMy WebLinkAbout26-121 Resolution No. 26-121
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH TYLER CREEK STREAM
ASSESSMENT AND WATERSHED BASED PLAN UPDATE LOCATED WITHIN THE
TYLER CREEK WATERSHED
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 Tyler Creek stream assessment and
watershed based plan update located within the Tyler Creek watershed,a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 22, 2026 -
Adopted: July 22,2026
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 22 day of July , 2026, 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 Tyler Creek stream assessment and Watershed-Based Plan update
located within the Tyler Creek watershed (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:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Public Services
Director of the CITY, herein after referred to as the"DIRECTOR".
B. The scope of work shall include:
• Project Administration and Meetings
• Field Assessments
• Technical Memorandum and Conceptual Improvements
• Public Meetings
• Watershed-Based Plan Update
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.
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 DIRECTOR monthly a status report keyed to
the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
D. A detailed location map for the PROJECT is included as Attachment D, attached
hereto and incorporated into this Agreement by this reference.
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 DIRECTOR; 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 the total fee not to exceed
$118,960 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR, and approved by way of written amendment to this Agreement
executed by the parties.A detailed fee estimate for the PROJECT is attached hereto
as Attachment C into this Agreement by this reference.
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 $118,960
provided for in Section 4A above.
C. The cost of any such reimbursable expenses such as mileage,copying, and mailing
is included within the total not-to-exceed amount of $118,960 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 DIRECTOR.
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Date Estimated Estimated Estimated Value
Percent Complete Invoice Value of Work completed
7/31/2026 14.11% $ 16,780.00 $ 16,780.00
8/31/2026 27.57% $32,794.00 $49,574.00
9/30/2026 4.63% $ 5,513.00 $ 55,087.00
10/31/2026 9.20% $ 10,942.00 $66,029.00
11/30/2026 13.79% $ 16,407.00 $ 82,436.00
12/31/2026 9.20% $ 10,942.00 $93,378.00
1/31/2027 5.21% $6,202.00 $99,580.00
2/28/2027 5.21% $6,202.00 $ 105,782.00
3/31/2027 5.21% $6,202.00 $ 111,984.00
4/30/2027 5.21% $6,202.00 $ 118,186.00
5/31/2027 0.65% $ 774.00 $ 118,960.00
TOTAL 100% $118,960.00
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.
8. NOTICE OF CLAIM
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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 DIRECTOR relative
to a claim submitted by the ENGINEER, all work required under this Agreement as determined
h� the DIRECTOR 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, el 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.
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12. INSURANCE
The ENGINEER shall provide, maintain and pay for during the term of this Agreement the
following types and amounts of insurance:
A. Comprehensive Liability. 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 DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 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 DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
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/AFFIRMATIVE ACTION
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The ENGINEER will not discriminate against any employer or applicant for employment because
of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the
job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a
written commitment to comply with those provisions. ENGINEER shall distribute copies of this
commitment to all persons who participate in recruitment, screening, referral and selection of job
applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section
5.02.040 of the Elgin Municipal Code, 1976,as amended, is hereby incorporated by reference, as
if set out verbatim.
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 race, color,
religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status,
physical or mental disability, military status, sexual orientation, or unfavorable discharge from
military service.
Any violation of this paragraph 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
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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 DIRECTOR,
nor will the ENGINEER make public proposals developed under this Agreement without prior
written approval from the DIRECTOR prior to said documentation becoming matters of public
record.
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 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:
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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 DIRECTOR 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:
Mike Pubentz, PE Logan Gilbertsen, P.E., CFM
Director of Public Services Regional Manager-Associate
City of Elgin HR Green Inc.
150 Dexter Court 1391 Corporate Drive, Suite 203
Elgin, Illinois 60120-5555 McHenry, IL 60050
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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. COUNTERPARTS AND 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. This Agreement may be executed
electronically, and any signed copy of this Agreement transmitted by facsimile machine or email
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 facsimile machine or email shall be considered for
these purposes an original signature and shall have the same legal effect as an original signature.
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:
°A'a 4014° -
By � By: v
City Manager Name/Print: Logan Gilbertsen,P.E., CFM
Title: Regional Manager-Associate
£erk
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1-flj
HRGreen.
ATTACHMENT A
SCOPE OF SERVICES
For
Tyler Creek Stream Assessment
And Watershed-Based Plan Update
Mike Pubentz, Director of Public Works
City of Elgin
1900 Holmes Road
Elgin, IL 60123
(847) 931-5968
Logan Gilbertsen P.E., CFM — Regional Manager
HR Green, Inc.
1391 Corporate Drive
McHenry, IL 60050
HR Green Project Number: 2302466
May 14, 2026
Version, 02052021
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
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1.0 Project Understanding
1.1 General Understanding
HR Green, Inc. (ENGINEER) is being retained by the City of Elgin. Illinois (CITY) to provide
professional engineering services to prepare a Stream Assessment along the Tyler Creek and
the Tyler Creek Tributary from the Fox River to the City limits: Erosion and maintenance concerns
have been an ongoing issue along Tyler Creek and the Tyler Creek tributary within the City. A
stakeholder group known as the Tyler Creek Watershed Coalition (TCWC) has been active within
the watershed as a whole for many years. The group prepared the Tyler Creek Watershed-Based
Plan (TCWP) in 1996 and revised the plan in 2008. A fund referred to as the Tyler Creek Fund
has existed since 1986 and was developed by the City of Elgin. The purpose of the fund was to
create regional detention along the stream. However, permits were unable to be obtained, and
the fund transitioned to focus on maintenance and erosion concerns.
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CITY has previously implemented bank stabilization measures which included the use of stone
riprap at the toe of slope, native vegetation and concrete A-Jacks. In locations, the previous
measures have proven effective at stopping the stream's lateral migration while other locations
appear to have failed.
CITY has requested that ENGINEER conduct a stream assessment to document the current
conditions of the creek within the project limits and to develop a technical memorandum
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summarizing the assessment's findings, make recommendations for improvements, identify
anticipated property and easement requirements for proposed improvements, provide estimates
of cost for the recommended improvements, consider permitting requirements and include a
discussion on potential funding sources. A public meeting has also been requested to
coordinate with the TCWC and residents.
CITY has also requested ENGINEER to complete updates to the expired 2008 Watershed-
Based Plan and coordinate with the Illinois Environmental Protection Agency (IEPA) to request
approval of the update. Projects identified in an IEPA-approved, Watershed-Based Plan are
ranked higher for grant funding through the Section 319 program and other EPA funded grants.
1.2 Design Criteria and Assumptions
This agreement is based upon the following details:
a. No contract plans will be developed as part of this study.
b. Detailed modeling, permitting, floodplain modifications shall be completed in subsequent
phases of this project.
c. CITY will provide historical data regarding past projects along this reach, GIS data and
utility information.
d. ENGINEER will be granted access to the creek to perform field work.
e. Detailed topographic survey will not be completed as part of this assessment. ENGINEER
will take necessary field measurements during the stream assessment to determine
stability of the channel.
2.0 Scope of Services
The CITY agrees to employ ENGINEER to perform the following services:
This project will include design services for the following phased items:
• Project Administration and Meetings
• Field Assessment
• Technical Memorandum and Conceptual Improvements
• Public Meetings
• Watershed-Based Plan Update
2.1 Project Administration and Meetings
Project Administration and Coordination will involve the management oversight of the project
which will include the on-going review of the project execution, documentation, schedule and
budget, contract file management, and general correspondence between ENGINEER, the CITY
and prospective contractors. Project coordination work will include:
1. Attendance at one virtual kickoff meeting. Within 7 days of the Notice to Proceed,
ENGINEER will schedule and conduct a project kickoff meeting. ENGINEER will prepare
an agenda which shall include items pertaining to:
o Project schedule.
o Roles and responsibilities of the parties.
o Points of contact.
o Key milestones and deliverables.
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o Communication plan.
o Discussion of items identified in project design considerations for determining
project goals and objectives, design criteria. etc.
o Other items as deemed necessary and requested by CITY
2. Attendance at one (1) virtual coordination meeting to review the Stream Assessment
Technical Memorandum. It is anticipated that this meeting will take place after the
submittal of the draft technical memorandum to CITY. ENGINEER will prepare a meeting
agenda and sign-in sheet.
3. Attendance at one (1) in-person coordination meeting to review the draft Watershed-
Based Plan Update. It is anticipated that this meeting will take place after the submittal
of the draft Watershed-Based Plan Update to CITY. ENGINEER will prepare a meeting
agenda and sign-in sheet.
4. ENGINEER will prepare/distribute meeting minutes of all meetings attended which will
detail the discussions of attendees along with the action required of the attendees.
5. General correspondence between ENGINEER and CITY as well as permitting agencies.
6. The Project Manager will send CITY a weekly email update briefly discussing the work
completed during that week and the work planned for the following week.
2.2 Field Assessment
Stream & Riparian Area Assessment: ENGINEER will use Kane County 1-foot topographic data
and display it on a leaf-off color aerial photograph for use during a site visit. An evaluation will
be completed to identify potential off-line stormwater detention sites within the riparian area that
could be used for flood control. These areas would be locations where flood waters could
overflow the banks of Tyler Creek and enter a detention facility then re-enter the stream at a
controlled rate. ENGINEER will inspect the length of Tyler Creek and the Tyler Creek Tributary
from the Fox River to the City limits as outlined in Figure 1. It is assumed that the total length of
stream inspected will be approximately 7.4 miles along Tyler Creek's main branch and 0.9 miles
along the tributary.
Upon completion of the assessment, a Professional Engineer trained in geomorphology will
meet onsite with CITY to discuss options for the appropriate hydraulic and ecological restoration
along Tyler Creek and adjacent riparian areas.
ENGINEER will also record detailed notes and take photos related to the existing conditions
found in the field at the time of the field consultation and proposed implementation options. This
information will be used to develop conceptual improvement exhibits as part of the technical
memorandum. During the assessment, storm sewer outfalls will be identified and the existing
condition reviewed and recorded. Recommended repairs (if any) to the existing storm sewer
outfalls will be included in the technical memorandum.
2.3 Technical Memorandum and Conceptual Improvements
The scope shall include the preparation of a technical memorandum and conceptual improvement
exhibits. Conceptual improvements may include bank stabilizations, riparian area improvements
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and/or off-line detention within the riparian area. The technical memorandum will include a
discussion of the existing conditions recorded during the stream assessment, considerations for
permitting requirements, discussion of necessary temporary and permanent easements for the
identified improvements, identify potential grant funding sources, conceptual exhibits of proposed
improvements. and engineer's opinion of probable construction costs (EOPCs).
The existing conditions will be documented using GIS based maps to show stream bank condition,
riparian condition and reach limits along the stream. The conceptual improvement exhibits will be
GIS based plan-view maps. The exhibit will include typical cross sections and example photos of
similar improvements that could be implemented within the project limits.
A draft of the memorandum will be provided to CITY for review. Approximately one week after
delivery of the draft memo, ENGINEER will meet via a virtual meeting with CITY to present the
findings and discuss questions or comments that the CITY may have after completing an internal
review.
2.4 Public Meeting
One (1) public meeting is included in this agreement as requested by CITY. Support and
attendance at a public meeting for residents and interested parties to attend and learn about the
project will be held at a location provided by CITY. ENGINEER will prepare up to two (2)
informational exhibits and one (1) PowerPoint presentation to be displayed at the meetings. It is
anticipated that the ENGINEER's project manager and one other representative will attend the
public meeting. ENGINEER shall furnish a sign-in sheet for the meeting. It is anticipated that the
public meeting will take place after the stream assessments are completed and the draft
technical memorandum has been completed. Comments from the public will be documented
and incorporated into the final memorandum.
2.5 Watershed-Based Plan Update
2.5.1 Review of Existing Data
ENGINEER will work with the CITY to obtain all original data included in the original 2008 Tyler
Creek Watershed-Based Plan (TCWP).
2.5.2 Introduction (Update)
ENGINEER will update the Introduction section of the TCWP (Acknowledgements, Introduction,
Meetings, & Prior Studies) based on new stakeholder involvement, CITY and stakeholder
meetings, and projects that have been completed in the watershed since the original 2008 TCWP.
2.5.3 Watershed Resource Inventory (Update)
ENGINEER will perform a field assessment and windshield survey to document the condition of
previously identified high priority/critical area project recommendation and to identify new high
priority BMP projects not included in the 2008 TCWP. ENGINEER will utilize data collected in
Task 2.2 of this agreement as well as work performed under a separate agreement to assess the
City's detention basins. Additional potential BMP locations provided by stakeholders will be
assessed. ENGINEER will use this information to complete a GIS data analysis and update
outdated information, as necessary.
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2.5.4 Jurisdictions & Existing & Future Land Use (Update)
ENGINEER will update the "Jurisdictions" and "Existing & Future Land Use section of the TCWP
based on new information and land use changes since 2008 including information in new
Comprehensive Plans. ENGINEER will use this information to complete a GIS data analysis and
update outdated information, as necessary.
2.5.5 Green Infrastructure Network (Update)
Based on information obtained from the Watershed Resource Inventory and Existing/Future Land
Use update, ENGINEER will review and update the Green Infrastructure map and include
recommendations for protecting and expanding green infrastructure.
2.5.6 Causes & Sources of Impairment (Update)
ENGINEER will update the "Causes & Sources of Impairment" section of the TCWP to include
the most recent Illinois Integrated Water Quality Report and Section 303(d) list as well as any
new supplemental water quality data provided by stakeholders.
2.5.7 Programmatic Action Plan (Update)
ENGINEER will update the "Programmatic Action Plan" section of the TCWP based on new
information and BMPs that have been developed in the last 10 years related to watershed
planning.
2.5.8 Site Specific Action Plan (Update)
ENGINEER will update the Site Specific Action Plan" section of the TCWP to include completed
projects, new projects, and update costs and priorities for remaining projects. ENGINEER will use
this information to complete a GIS data analysis and update outdated information, as necessary.
2.5.9 Implementation & Amendments (Update)
ENGINEER will update the TCWP "Plan Implementation" section to include new TCWP
amendments and adaptive management sections.
2.5.10 Report Cards (Update)
ENGINEER will update the "Report Cards" section of the TCWP to include implementation
progress over the last 10 years.
2.5.11 Draft & Final Watershed Plan Report
ENGINEER will prepare a DRAFT version of the updated TCWP to the CITY for one (1) review
and comment. ENGINEER will incorporate revisions into a FINAL Tyler Creek Watershed-
Based Plan Update.
3.0 Deliverables and Schedules Included in this Agreement
The following deliverables are included in the scope:
• Digital copies of the draft and final technical memorandum.
• Digital copies of the stream assessment data collected.
• Digital copies of the draft and final Watershed-Based Plan Update
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Final Technical Memorandums for the stream assessment shall be delivered to CITY within 180
days of the Notice to Proceed. The update to the watershed-based plan will be submitted for
review within 300 days. 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.
The project schedule is included in ATTACHMENT B.
4.0 Items not included in Agreement/Supplemental Services
The following items are not included as part of this AGREEMENT:
1. Boundary Survey or Plat of Easements. Easements are not anticipated to be necessary
for this project as it is intended for the entire project area to be within CITY owned
property.
2. Topographic Survey
3. Appraisals and negotiations
4. Groundwater Study or Report
5. Archaeological and other Threatened & Endangered Species Surveys
6. Conditional Letter of Map Revision (CLOMR) / Letter of Map Revisions (LOMR)
7. Grant/Permit Applications
8. Televising and/or pipe condition analysis
9. Newspaper publication fees
10. Bathymetric survey of basins/ponds
11. Tree survey
12. Contract Engineering/Construction Plans
13. Wetland delineation
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 Tyler Creek
including utility projects. culvert improvements and channel grading/stabilization.
• Provide review comments within 2 weeks of submittal of draft technical memo.
• Meeting location at the City's Public Works Building for in-person meetings.
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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
mileage, reproduction costs, mailings/postage, equipment rental fees and outside services
will be charged in accordance with the rates current at the time the service is done.
7.2 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.
7.3 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.
7.4 Payment
The CITY AGREES to pay ENGINEER on the following basis:
Time and material basis with a Not to Exceed fee of $118,960.00 as detailed in
Attachment C.
J:\2023\23024661Admi n\Contract\Proposa l\ATTACH M E N T_A-Scope_TylerCreekAssessment-051326.docx
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ATTACHMENT B
SCHEDULE
Tyler Creek Stream Assessment
And Watershed-Based Plan Update
Task Start Date End Date
Notice to Proceed July 6, 2026
Project Management July 6, 2026 May 2, 2027
Project Kick Off Meeting July 13, 2026 July 17, 2026
Field Assessment July 17, 2026 August 16, 2026
Draft Technical Memo September 5, 2026 October 20, 2026
Final Technical Memo November 3, 2026 January 2, 2027
Public Meeting November 3,2026 November 17, 2026
Watershed-Based Plan Update September 5, 2026 May 2, 2027
This schedule was prepared to include reasonable allowances for review and approval times required by
the CITY.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. ENGINEER assumes that submittals to CITY will require up to two(2)weeks to review and
provide input.
ATTACHMENT C
FEE
LABOR-HOUR AND FEE ESTIMATE
Tyler Creek Stream Assessment
And Watershed-Based Plan Update
Task Descriptions Hours Labor Fee Direct Costs Task Total Cost
Task 2.1 -Project Administration and Meetings
2.1.1 Project Management 12 $2,612 $0 $2,612
2.1.2 Kickoff Meeting 10 $2,388 $0 $2,388
2 1 3 Status Meetings and Weekly Emails 15 $3,330 $177 $3,507
Sub-Total 37 $8,330 $177 $8,507
Task 2.2- Field Assessment
2.2 1 Site Visits 122 $23,772 $726 $24,498
2.2 2 Data Processing after Visit 38 $6,764 $0 $6,764
2.2 3 Concept Development 48 $9,164 $0 $9,164
2.2 4 Basemap Preparation 46 $7,604 $0 $7,604
Sub-Total 254 $47,304 $726 $48,030
Task 2.3 -Technical Memorandum & Concept Improvements
2.3.1 First Draft 44 $8,624 $0 $8,624
2.3.2 Exhibits and Appendix 26 $4,516 $0 $4,516
2.3.3 Final Draft 31 $5,818 $0 $5,818
Sub-Total 101 $18,958 $0 $18,958
Task 2.4- Public Meeting
2.4.1 Public Meeting 26 $5,316 $149 $5,465
Sub-Total 26 $5,316 $149 $5,465
Task 2.5 -Watershed-Based Plan Update
2.5.1 Review of Existing Data 11 $2,688 $0 $2,688
2.5.2 Introduction 9 $1,690 $0 $1,690
2.5.3 Watershed Resource Inventory 47 $8,246 $102 $8,348
2.5 4 Jurisdictions&Land Use 17 $2,994 $0 $2,994
2.5 5 Green Infrastructure 23 $3,986 $0 $3,986
2.5 6 Cause&Source of Impairments 9 $1,690 $0 $1,690
2.5.7 Programmatic Action Plan 13 $2,370 $0 $2,370
2.5.8 Site Specific Action Plan 32 $5,732 $0 $5,732
2.5 9 Implementation&Amendments 8 $1,596 $0 $1,596
2 5.10 Report Cards 7 $1,322 $0 $1,322
2 5.11 Draft&Final Watershed Plan Report 28 $5,584 $0 $5,584
Sub-Total 204 $37,898 $102 $38,000
GRAND TOTAL FOR PROJECT 622 $117,806 $1,154 $118,960
ATTACHMENT D-LOCATION MAP
Tyler Creek Stream Assessment
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