City Council Committee of the Whole Meeting July 26, 2017|6:00 Pm City Council Chambers

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 26, 2017|6:00 PM CITY COUNCIL CHAMBERS

Call to Order Roll Call Approval of Minutes of Previous Meetings –  Committee of the Whole Meeting - July 12, 2017  Special Committee of the Whole Meeting – July 15, 2017 Special Presentations and Reports - None

Initiatives and Other Items A. Consideration of 2017 Community Development Block Grant Annual Action Plan and 2016 Annual Action Plan Amendment (No cost to the City) Objective: Adopt a resolution approving the 2017 Annual Action Plan, amending the 2016 Annual Action, and authorizing execution of documents necessary to participate in the Community Development Block Grant program.

B. Consideration of Bike Route 4 Reallocation of Funds (No cost to the City) Objective: Provide residents bicycle facilities connecting destinations within the city of Elgin and throughout the Fox Valley.

C. Consideration of Intergovernmental Maintenance Facility Agreement with Hanover Township Road District (No cost to the City) Objective: Approve intergovernmental agreement with Hanover Township Road District to provide greater efficiencies in service delivery in snow plowing and salting by the city and the road district.

D. Consideration of Streambank Stabilization Project Assistance Agreement with Garden Quarter Townhome Association ($43,125) Objective: Facilitate restoration in the Tyler Creek watershed to mitigate the streambank damage and prevent further erosion.

COMMITTEE OF THE WHOLE AGENDA July 26, 2017

Announcements from Council Announcements from Staff Adjournment Executive Session

E. Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act

PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.

STRATEGIC PLAN 2013-2017 ICON KEY

Public Safety Financial Stewardship

Neighborhoods Economic Development

Downtown Education & Workforce Development

Diverse Workforce Image and Engagement

AGENDA ITEM: A MEETING DATE: July 26, 2017

ITEM: 2017 Community Development Block Grant Annual Action Plan and 2016 Annual Action Plan Amendment (No cost to the City)

OBJECTIVE: Adopt a Resolution Approving the 2017 Annual Action Plan, Amending the 2016 Annual Action, and Authorizing Execution of Documents Necessary to Participate in the Community Develop- ment Block Grant Program.

RECOMMENDATION: Approve the 2017 Community Development Block Grant Annual Action Plan and amend the 2016 CDBG Annual Action Plan.

The city in 2013 began using a substantial portion of its annual Community Development Block Grant (CDBG) allocation to pay for Americans with Disabilities Act (ADA)-mandated improvements at park sites serving low- to moderate-income households. Consistent with city council direction, staff, in January, initiated the process for obtaining approval of the proposed 2017 Annual Action Plan that will complete the ADA-mandated improvements at all city parks serving low- to moderate-income households. (ADA-mandated improvements have yet to be completed at all other city park facilities.) The city will be receiving $811,060 in CDBG funds for the 2017 program year.

Federal budget and appropriations delays adversely affected the 2017 CDBG program year time- table and prevent the city’s use of its 2017 CDBG funds for any other program activity than the previously directed park improvements. Shifting the city’s CDBG funding priorities at this late stage will not provide sufficient time to create and advertise an application process, allow applicants time to fully develop projects, review those applications for feasibility, arrange individual funding agreements, secure contractors, complete construction and payout recipients—all before the April 1, 2018 CDBG program deadline. The penalty for the city’s failure to meet the April 1, 2018 CDBG “timeliness test” deadline is HUD recapturing all or a portion of Elgin’s 2017 CDBG funds.

This fall, staff will initiate the process for gaining approval of the CDBG 2018 Annual Action Plan. The 2018 Annual Action Plan will be recommending that the city’s CDBG funds once again be

allocated to not-for-profit organizations. Not-for-profit organizations awarded funding through the city’s 2018 Annual Action Plan will be able to begin their approved projects early next summer.

BACKGROUND

The CDBG program was created in 1974 with the passage of the federal Housing and Community Development Act. The major goals of the program are to develop viable urban communities by:

• Providing decent, safe and sanitary housing; • Fostering suitable living environments; and • Expanding economic opportunities for lower-income residents.

The U.S. Department of Housing and Urban Development (HUD) determines the amount of each entitlement jurisdiction’s annual grant using a formula that incorporates several objective measures of community need. The formula takes into account each jurisdiction’s population, poverty rate, age of housing stock, rate of overcrowded housing, and population growth lag in relationship to other metropolitan areas. There are over 1,200 entitlement grantees throughout the country. CDBG funds are to be used primarily to benefit low- to moderate-income individuals and households, which are those making less than 80 percent of the area median income. The city has participated in the CDBG program since 1975, receiving approximately $34.5 million in federal funding during that time.

HUD awarded the city $811,060 for the 2017 program year. The city launched the planning of 2017 Annual Action Plan in January with a public hearing to solicit citizen input regarding housing and community development needs and the use of CDBG funds for the 2017 program year. Con- sistent with the city council’s directive, staff in the proposed 2017 Annual Action Plan included improvements to three city parks, housing rehabilitation/repair assistance for income-eligible homeowners plus the city’s program administration costs.

For the 2016 program year, the city received $790,442. That financed several park improvement projects, the city's emergency repair program and program administration costs. The parks included Grolich Park Phase 2, Wing Street Park, Trillium Park Phase 2, and Woodview Park. Con- struction on all four park projects began in the spring of 2017. As work progressed, the parks and recreation department identified several change orders that are necessary to ensure the improvements were properly constructed. Those change order require amendments to the 2016 Action Plan to increase the amount of CDBG funds allocated for the project.

OPERATIONAL ANALYSIS

2017 Annual Action Plan The three projects submitted for approval in the 2017 Annual Action Plan total $934,855 ($811,060 in new CDBG funding from PY2017 and $123,795 in CDBG funds from prior-year savings).

Following is a summary of the projects, the amounts recommended and the agencies responsible for carrying out the projects:

1. Park Improvements CDBG funds will be used to rehabilitate and upgrade parks and playgrounds to make them compliant with the ADA, or by installing new facilities and equipment. Per CDBG requirements, the parks are located in neighborhoods where 51 percent or more of the residents are low/moderate-income. The Parks and Recreation Department is currently working with landscape architecture firm 3 D Design to establish specific scopes of work for each of the following parks:

• St. Francis Park • Kiwanis Park • Clifford/Owasco Park

Proposed Funding: $750,000 Agency: City of Elgin's Parks and Recreation Department

2. Owner-Occupied Housing Rehabilitation/Repair Assistance CDBG funds will be used to provide assistance to low/moderate-income homeowners in the City of Elgin. Critical repairs will be made to improve living conditions and occupant safety, such as repairing water service lines, replacing water heaters, replacing sanitary sewer laterals, upgrading electrical systems, and replacing furnaces.

Proposed Funding: $60,201 Agency: Kane County Office of Community Reinvestment

3. Program Administration CDBG funds will be used to cover costs associated with the administration of the CDBG program, and expenses associated with administration of the Continuum of Care, which facilitates the award of state and federal funding to Elgin agencies that serve the homeless population.

Proposed Funding: $124,654 Agency: Kane County Office of Community Reinvestment

2016 Annual Action Plan Amendment Construction work is currently underway on the four park improvement projects that were included the 2016 Annual Action Plan. At Woodview Park, the parks and recreation department has identified several change orders that are necessary to properly construct the amenities planned for the site, including:

• Additional excavation and soil removal to allow clearance of a buried data line; • Repurposing part of a retaining wall from a seating area to the splash pad; and

• Additional concrete pathways necessary in order to accommodate the realignment of the shelter.

These changes necessitate a $28,000 increase in the amount allocated for the project. CDBG funds from prior-year savings are available to cover the increase.

INTERESTED PERSONS CONTACTED

2017 Annual Action Plan Per HUD requirements, a hearing was held at the Centre of Elgin on January 24, 2017 to solicit public input prior to development of the 2017 Annual Action Plan. No comments were received. Additionally, a fourteen day public review and comment period regarding the proposed Action Plan will begin on July 25, 2017 and will end on August 7, 2017.

Amendment to 2016 Annual Action Plan The $28,000 increase in CDBG funds for the 2016 park improvement project does not constitute a substantial amendment under the Citizen Participation Plan. Therefore, no public hearing or comment period is required.

FINANCIAL ANALYSIS

The city's contribution to the projects in both the 2017 Annual Action Plan and 2016 Annual Ac- tion Plan Amendment is limited solely to CDBG allocations awarded from the federal government.

BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A

LEGAL IMPACT

None.

ALTERNATIVES

None.

NEXT STEPS

1. Prepare the 2017 Annual Action Plan in coordination with the Kane County Office of Com- munity Reinvestment for submittal to HUD by August 10, 2017.

2. Prepare all necessary paperwork to complete the 2017 application process and release of funds from HUD.

Originators: Marc Mylott, Community Development Director

Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel Richard G. Kozal, City Manager

ATTACHMENTS A. Executive Summary of the Draft Housing and Community Development Annual Action Plan for Program Year 2017

B. Draft Resolution Approving the 2017 Annual Action Plan, Amending the 2016 Annual Ac- tion Plan, and Authorizing the Execution of Documents Necessary to Participate in the Community Development Block Grant Program

EXECUTIVE SUMMARY HOUSING & COMMUNITY DEVELOPMENT ANNUAL ACTION PLAN PROGRAM YEAR 2017

The City of Elgin's 2017 Annual Action Plan for the Community Development Block Grant (CDBG) Program will include $934,855 for activities aimed at improving neighborhoods and assisting Elgin's low- and moderate-income population. The amount available for the year is the total of new CDBG funding awarded to the City for 2017 ($811,060) and CDBG funds from prior- year savings ($123,795).

On January 24, 2017, the city launched the 2017 CDBG program year with a public hearing to receive citizen input regarding housing and community development needs for the City of Elgin. Consistent with the City Council’s previous directive, the Action Plan for 2017 prioritizes the allocation of federal funds for the improvement of the city's infrastructure (specifically park improvements), housing rehabilitation assistance to low- to moderate-income home owners, and administration of the program. Staff has accordingly submitted three projects for approval. The projects and budgets are as follows:

1. Park Improvements CDBG funds will be used to rehabilitate and upgrade parks and playgrounds to make them compliant with the Americans with Disabilities Act (ADA), or by installing new facilities and equipment. Per CDBG requirements, the parks are located in neighborhoods where 51% or more of the residents are low/moderate-income. The Parks and Recreation Department is currently working with landscape architecture firm 3 D Design to establish specific scopes of work for each of the following parks:  St. Francis Park  Kiwanis Park  Clifford/Owasco Park Proposed Funding: $750,000.00 Agency: City of Elgin's Parks and Recreation Department

3. Program Administration CDBG funds will be used to cover costs associated with the administration of the CDBG program, and expenses associated with administration of the Continuum of Care, which

facilitates the award of state and federal funding to Elgin agencies that serve the homeless population. Proposed Funding: $124,654.00 Agency: Kane County Office of Community Reinvestment

These projects will assist the City's low- and moderate-income population, support the ability for individuals and families to become independent and self-sufficient, and promote the City's anti-poverty strategy. Additionally, the projects support the City of Elgin's Strategic Goals to promote a safe community for residents, neighborhood vitality, economic growth, quality housing, and efficient services.

As specified by the Outcome Performance Measurement System required by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, each project is assigned an objective that describes the project purpose and the primary outcome that results from the project. The following table summarizes the goals of each activity selected for 2017 CDBG funding.

PROJECT PERFORMANCE MEASURES AND OUTCOMES

Funding Performance Elgin’s Strategic Consolidated Activity Allocation Measurement Goal Plan Priority Emergency $60,201 DH-3 Quality Housing Quality Housing Repair Program Park $750,000 SL-I Safe-Community Infrastructure Improvements Planning and CDBG Program $124,654 E0-3 Efficient Services Capacity Administration Building

The selected projects are consistent with the Kane County/City of Elgin Consortium 2015-2019 Housing and Community Development Consolidated Plan. Four of six plan priorities - housing, infrastructure, homelessness, and planning and capacity building - will be pursued with 2017 CDBG Program funds. More specifically the priorities are as follows:

Priority 1: Quality Housing Preserve existing units throughout the area served by the Kane-Elgin Consortium.  Provide emergency repair assistance to income-eligible homeowners in the City of Elgin ($60,201.00)

Priority 2: Infrastructure Provide gap financing for critical infrastructure projects.  Provide funds to make improvements to three city parks located in income-eligible neighborhoods ($750,000.00)

Priority 3: Facility Development Support the construction, rehabilitation, and improvement of public facilities from which human services are provided.  No new CDBG activities are proposed during the 2017 program year.

Priority 4: Senior Services Public Facilities and Services: Services low- to moderate- income persons: Priority to the senior adult population.  No new CDBG activities are proposed during the 2017 program year.

Priority 5: Homelessness Public Services: Services low- to moderate- income persons: Priority to the homeless population.  Provide funds to cover a portion of the cost associated with preparing Continuum of Care grant applications seeking state and federal funding for Elgin-based social service agencies ($4,250.00)

Priority 6: Planning and Capacity Building Support community planning activities that effectively use and leverage resources.  CDBG Program Administration ($120,404.00)

Resolution Approving the 2017 Annual Action Plan, Amending the 2016 Annual Action Plan, and Authorizing the Execution of Documents Necessary to Participate in the Community Development Block Grant Program

WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for Community Development Block Grant (CDBG) funding to units of local governments for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities; and

WHEREAS, said programs are funded by the U.S. Department of Housing and Urban Development (HUD) and are to be implemented in a manner consistent with priorities and strategies identified in a Housing and Community Development Consolidated Plan; and

WHEREAS, such a plan, covering a five-year period including Program Years 2015 through 2019, was prepared and made available for public comment as required by the Kane- Elgin Consortium’s Citizen Participation Plan; and

WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2017 in order for the City to qualify for an annual allocation of CDBG funds from HUD; and

WHEREAS, it is necessary to amend the City’s Annual Action Plan for Program Year 2016 in order to increase the funding allocated for certain park improvements included in said plan.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the 2017 Annual Action Plan, including the activities listed below, is hereby approved.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the 2016 Annual Action Plan is amended such that the amount of CDBG funds allocated for park improvements is increased by $28,000.00.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City Manager is hereby authorized to sign applications, agreements, certifications, reports, and other documents required by HUD to complete the activities described in the plans approved or amended herein.

AGENDA ITEM: B MEETING DATE: July 26, 2017

ITEM: Bike Route 4 Reallocation of Funds (No cost to the City)

OBJECTIVE: Provide residents bicycle facilities connecting destinations within the city of Elgin and throughout the Fox Valley.

RECOMMENDATION: Approve the reallocation of funds for Bike Route 4 in order to complete the Phase I report and submit it to the Illinois Department of Transportation for approval.

The first phase in the planning of Bike Route 4 contemplated a route that may have required tunneling where the proposed path crosses U.S. Route 20. Bike Route 4 generally begins on Illinois Route 31 (South State Street) south of U.S. Route 20 and extends south to the Elgin Sports Complex and then west to the Bowes Creek subdivision. The Illinois Department of Transportation’s (IDOT) reconstruction of the Illinois Route 31 bridge over U.S. Route 20 will now include a dedicated bike line, obviating the need for tunneling under U.S Route 20.

This initiative seeks approval to reallocate project funds that were to be used for the tunneling for other Bike Route 4 project costs. No additional funding is being requested.

BACKGROUND

The city’s Bikeway Master Plan was adopted by the city in 2008. The plan identifies priority bike route segments within each quadrant of the city (i.e., NW, NE, SW, SE). In the SW quadrant, Route 4 was proposed to connect a trail on or through: Bowes Road, Annadale Drive, College Green Drive, McLean Boulevard, Elgin Sports Complex, East Road, Central Avenue, West Road, Elgin Shores Forest Preserve, Continental Park, State of Illinois property, under US Route 20, Grohlich Park and Hendee Street (Attachment A).

TranSystems on the city’s behalf submitted to the Chicago Metropolitan Agency for Planning for the Congestion Mitigation and Air Quality Program (CMAQ) a funding application for Bike Route 4. The city was awarded federal funding for 80 percent of the total project costs. The city then

entered into agreements with IDOT, which administers CMAQ funding, and with TranSystems to perform the project’s Phase 1 study.

OPERATIONAL ANALYSIS

Staff has worked with TranSystems to meet with various property owners to coordinate the design of the proposed route. Bike Route 4 planned end point on the east is at the National Street Metra station. But the Union Pacific Railroad and Metra are unwilling to allow the bike route to cross their respective properties, so a final terminus has not yet been identified.

During discussions with IDOT about the Bike Route 4 crossing under U.S. Route 20, IDOT an- nounced plans for the reconstruction of the Illinois Route 31 bridge over U.S. Route 20. The incorporation of a bicycle/pedestrian lane on the west side of the proposed bridge was discussed and IDOT is revising its plans to incorporate this feature into the design of the new bridge (At- tachment B). The reconstruction of the bridge is in IDOT’s FY 2017-2022 Proposed Highway Im- provement Program. IDOT’s current engineering efforts are targeted to enable a contract letting in the middle years of this multi-year program contingent upon plan readiness, land acquisition and funding availability through future annual legislative appropriations.

The incorporation of a bicycle/pedestrian facility on the proposed Illinois Route 31 bridge requires TranSystems to make revisions to the Phase 1 report that were not originally anticipated. Staff is requesting approval of the reallocation of funds for the project from originally identified geotechnical and environmental sub-consultants to TranSystems as outlined in the IDOT form BLR 05610 (Attachment C).

INTERESTED PERSONS CONTACTED

None.

FINANCIAL ANALYSIS

Funds are being reallocated from a geotechnical and environmental sub-consultants to TranSys- tems. No additional funds are being requested for the project at this time.

BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A

LEGAL IMPACT

None.

ALTERNATIVES

1. The city council may choose to authorize execution of funding reallocations.

2. The city council may choose not to authorize execution of funding reallocations which will require other options be found to complete the Phase I study.

NEXT STEPS

1. Approve a reallocation of funds and submit the executed BLR Form 05610 to IDOT for approval.

2. Complete the Phase I design report revisions and submit to IDOT for approval.

Originators: Ron Rudd, P.E., City Engineer

Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Bike Route 4 Location Map B. Illinois Route 31 Bridge over US Route 20 IDS Exhibit C. Preliminary Engineering Services Agreement IDOT Form BLR 05610

LIMIT BOWES CREEK WEST BLVD

(LOCAL ROAD)

NOLAN ROAD OTTER CREEK COUNTY FOREST PRESERVE

(PRINCIPAL ARTERIAL)

BOWES ROAD ROUTE BIKEWAY PROPOSED

LEGEND US 20 US

HOPPS ROAD OFF-STREET PATH ON-STREET ROUTE

RANDALL ROAD

(PRINCIPAL SPARTAN

(LOCAL DRIVE ARTERIAL) COLLEGE ROAD) GREEN DRIVE SPARTAN MEADOWS ANNANDALE DRIVE

LARKIN AVENUE

GOLF COURSE COMMUNITY 20 US

COLLEGE CO HWY 47 HWY CO ELGIN TRAFFIC SIGNAL MODIFICATION

McLEAN BOULEVARD SPORTS WAY

SPRING STREET SPRING McLEAN BOULEVARD DRIVE (PRIVATE ROAD)

SOUTH STREET COMPLEX EXISTING UNDERPASS UNDER US 20 SPORTS ELGIN

(PRIVATE ROAD)

US 20 US

HIGHLAND AVENUE HIGHLAND BOWES ROAD BOWES MIDDLE ROAD STREET STATION METRA NATIONAL CONTINENTAL PARK FUNCTIONAL CLASSIFICATION MAP LaFOX STREET

WALNUT AVENUE

(PRIVATE (EXPRESSWAY) NATIONAL STREET METRA STATION ROAD) EAST ROAD PROJECT LOCATION AND ELGIN BIKEWAY ROUTE 4 TO BOWES CREEK ROAD PARK MARIE GROLICH ELGIN, ILLINOIS EXHIBIT 1.1 CENTRAL

ROAD

FOX RIVER

DOWNTOWN

AVENUE ELGIN SOUSTER STATE STREET N HENDEE FOX RIVER STREET WALNUT AVENUE METRA NORTH LIMIT

Local Agency Consultant City of Elgin L TranSystems Corporation O C County C O Address

Kane A N 1475 E Woodfield Rd, Suite 600 Section City L S 09-00176-00-BT Schaumburg U Project No. Preliminary Engineering State CMM-9003(234) A L Illinois G Services Agreement T Job No. Zip Code P-91-305-09 E A 60173 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Ron Rudd C T Brian Fairwood (847) 931-6081 Y (847) 407-5280 Rudd [email protected] [email protected]

THIS AGREEMENT is made and entered into this day of , between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.

Project Description

Name Elgin Bikeway Plan Route 4 SW Quadrant Route Off-System Length 6.7 mile Structure No.

Termini Bowes Road to Hendee Street at Walnut Avenue

Description Amendment 1: Reallocate existing funds from subconsultants and reimbursables to TranSystems in order to complete the revisions to the Phase 1. These revisions include rerouting of the bikeway across the reconstructed IL Route 31 bridge (to be performed by IDOT) and connect to Marie Grolich Park. IDOT will connect the route across the Fox River when the US Route 20 bridge is reconstructed.

Agreement Provisions

I. THE ENGINEER AGREES,

1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described.

2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE.

3. To complete the services herein described within 180 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.

4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed.

5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein.

6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER’s errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities.

7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER’s professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER’s responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE.

8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.

Page 1 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM 9. The undersigned certifies neither the ENGINEER nor I have:

a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default.

10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.

11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement.

12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).

13. Scope of Services to be provided by the ENGINEER:

Make such detailed surveys as are necessary for the planning and design of the PROJECT.

Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories.

Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.

Design and/or approve cofferdams and superstructure shop drawings.

Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches).

Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances.

Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE.

Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.

Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies.

Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement.

Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate.

Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required.

Page 2 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM II. THE LA AGREES,

1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas:

Cost Plus Fixed Fee CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or CPFF = 14.5%[(2.3 + R)DL + IHDC]

Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor

Specific Rate (Pay per element)

Lump Sum

3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:

With Retainage

a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

Without Retainage

a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.).

III. IT IS MUTALLY AGREED,

1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.

2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use.

Page 3 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s expense.

4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.

5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.

7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER’s work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy.

8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER’s last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination.

9. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.

For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act.

The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee’s or contractor’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee’s or contractor’s policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.

Page 4 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate.

Agreement Summary

Prime Consultant: TIN Number Agreement Amount TranSystems Corporation 43-0839725 $40,256.48

Sub-Consultants: TIN Number Agreement Amount Wang Engineering, Inc 36-3191909 ($26,031.88) Huff & Huff, Inc 36-3044842 ($14,224.60)

Sub-Consultant Total: ($40,256.48) Prime Consultant Total: $40,256.48 Total for all Work: $0

Executed by the LA: (Municipality/Township/County)

ATTEST:

By: By:

City Clerk Title: Mayor

(SEAL)

Executed by the ENGINEER:

ATTEST:

By: By:

Title: Vice President Title: Vice President

Page 5 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM Exhibit A - Preliminary Engineering

Route: Elgin Bikeway Route 4 Local Agency: City of Elgin *Firm’s approved rates on file with (Municipality/Township/County) Bureau of Accounting and Auditing: Section: 09-00176-00-BT Project: CMM-9003(234) Overhead Rate (OH) 149.99 % Job No.: P-91-305-09 Complexity Factor 0.00 Calendar Days 180

Method of Compensation: Cost Plus Fixed Fee 1 14.5%[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 14.5%[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 14.5%[(2.3 + R)DL + IHDC] Specific Rate Lump Sum

Cost Estimate of Consultant’s Services in Dollars In-House Employee Man- Payroll Payroll Services by Direct Element of Work Overhead* Profit Total Classification Hours Rate Costs (DL) Others Costs (IHDC) A-1 Proj Coord and Data Collect Various (Attached) 66.00 $45.69 $3,015.54 $4,523.00 $174.00 $0.00 $1,093.08 $8,805.62 A-2 Field Surveys 88.00 $31.75 $2,794.00 $4,190.72 $162.00 $260.00 $1,050.48 $8,457.20 A-3 Preliminary Design Studies 68.00 $40.58 $2,759.44 $4,138.88 $135.00 $0.00 $1,000.25 $8,033.57 A-4 Soils Investigation 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-5 Environmental Studies 48.00 $40.68 $1,952.64 $2,928.76 $242.00 $0.00 $707.80 $5,831.20 A-6 Preferred Improvement Plan 28.00 $40.30 $1,128.40 $1,692.48 $147.00 $0.00 $409.02 $3,376.90 A-7 Public Mtgs and Coordination 26.00 $45.41 $1,180.66 $1,770.87 $72.00 $0.00 $427.97 $3,451.50 A-8 Project Development Report 38.00 $43.75 $1,662.50 $2,493.58 $62.00 $0.00 $602.63 $4,820.71

Wang Engineering, Inc. ($26,031.88) ($26,031.88) Huff & Huff, Inc. ($14,224.60) ($14,224.60)

Reimbursables ($2,520.22) ($2,520.22)

Totals $14,493.18 $21,738.29 ($39,262.48) ($2,260.22) $5,291.23 ($ 0.00)

Page 6 of 7 BLR 05610 (Rev. 11/21/3) Printed on 6/27/2017 10:23:11 AM Exhibit B

Engineering Payment Report

Prime Consultant

Name TranSystems Corporation Address 1475 E Woodfield Rd,Ste 600 Telephone (847) 605-9600 TIN Number 43-0839725

Project Information Local Agency City of Elgin Section Number 09-00176-00-BT Project Number CMM-9003(234) Job Number P-91-305-09

This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.

Sub-Consultant Name TIN Number Actual Payment from Prime

Sub-Consultant Total: Prime Consultant Total: Total for all Work

Completed:

Signature and title of Prime Consultant Date

Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department’s Identity Protection Policy.

Page 7 of 7 BLR 05610 (Rev. 11/21/13) Printed on 6/27/2017 10:23:11 AM

Additional Scope of Services Elgin Bikeway Plan Route 4 SW Quadrant

ADDITIONAL SCOPE OF ENGINEERING SERVICES

This scope is for the additional work to update the Phase 1 to reroute the bikeway from East Road north along IL Route 31 to the north side of the US Route 20 westbound exit ramp to Souster Street and eventually to Marie Grolich Park. IDOT will be performing the design of the bikeway from East Road and IL Route 31 to the north side of the US Route 20 westbound exit ramp and also performing a design incorporate bike facilities into their US Route 20 Bridge over the Fox River improvements, which will connect Marie Grolich Park with the Fox River Trail.

A. Phase I Engineering Preliminary engineering services for Route 4-Southwest Quadrant of the Elgin Bikeway which is comprised of (original route is in bold; design to be performed by IDOT is in italics): Description Limits Length (estimated) Bowes Road Bowes Creek Boulevard to Randall Road 2.20 miles Randall Road Bowes Road to Spartan Drive 0.65 miles Spartan Drive (Existing Bike Path) Randall Road to McLean Boulevard/Sports Way Drive 1.30 miles Sports Way Drive (Existing Bike Path)McLean Boulevard/Spartan Drive to East Road 1.40 miles East Road Sports Way Drive to IL Route 31 0.40 miles IL Route 31 East Road to US Route 20 Westbound Exit Ramp 0.10 miles North side of US Route 20 IL Route 31 to Souster Avenue 0.05 miles Westbound Exit Ramp Souster Avenue US Route 20 Exit Ramp to Marie Grolich Park 0.10 miles Marie Grolich Park (Existing Path) Souster Avenue to US Route 20 Bridge 0.25 miles US Route 20 Bridge over the Fox Marie Grolich Park to Fox River Trail 0.35 miles River ______Total 6.80 miles

1. Project Coordination and Data Collection a. Preliminary conferences with the City, Elgin Parks and Recreation, and IDOT BLR&S staff to confirm (estimated as 1 meeting): 1. Goals and objectives 2. Schedule 3. Budget 4. Participants 5. Communications 6. Other administrative considerations b. Obtain available existing data for the project area including: 1. Right-of-way data 2. Existing roadway and bikeway plans 3. Conventional and digital map files 4. Aerial photography 5. Jurisdictional boundaries 6. Property boundaries 7. Property owners 8. Pedestrian and vehicular traffic counts (if available) 9. Other area roadway, utility, and signal improvements 10. Current public utility atlases and GIS information 11. Current power, communications, gas, and other private utility atlases 1 Attachment “A” Additional Scope of Services Elgin Bikeway Plan Route 4 SW Quadrant

12. Previously prepared plans and reports 13. Development plans 14. FIS, FIRM, FEMA and wetland maps 15. Crash data c. Perform a preliminary field inspection of the proposed corridor. d. Meet with IDOT to present the preferred improvement plan and obtain FHWA approval. (estimated as 1 meeting) e. Attend and coordinate meeting with City staff, Elgin Parks and Recreation, and IDOT during preliminary engineering phase to present project status, alternatives and recommendations. (estimated as 1 meetings) f. Provide project administration, prepare monthly invoicing, and project status reports. (estimated as 6 months) g. Provide QA/QC reviews. h. All meeting minutes will be distributed via email. No hardcopies will be produced.

2. Field Survey a. Perform topographic design survey for the project including establishment of horizontal and vertical controls; tie points; topography; cross sections at 50-foot increments on the north side of the US Route 20 westbound exit ramp from IL Route 31 to Souster Avenue, Souster Avenue from Ryerson Avenue to the Marie Grolich Park path, and Marie Grolich Park to the US Route 20 Bridge; utilities; drainage; and right-of- way verification. (total survey length approximately 1,800 feet) b. Download topographic survey and cross-sections in Microstation and Geopak for use in preliminary design studies. Plot survey at 1” to 50’ scale. Conduct a plan-in-hand, walk-through check of the survey. Create an existing base map to be used in presentations and discussions with City personnel and the public. c. Request a JULIE utility design stage request. Obtain utility atlases from those utilities within the project area. d. Observe and digitally photograph the project to become acquainted with readily apparent existing conditions along the new route. e. Survey pavement marking locations and lane usage. Included will be typical pavement and lane width measurements. f. Draw existing utility information from utility atlases on the project base map for the new segments. Update utilities as necessary in the existing segments. Update as additional information, such as future plans or comments are received.

3. Preliminary Design Studies a. The design criteria was already established for the existing bikeway route and will be utilized for these revisions. b. Update the basemap for on-street path pavement marking and signing layout using detailed aerial photography. c. Prepare alignment alternatives including turning radii, approach grades, stopping sight distance, and path connection. It is assumed that up to two (2) alignments will be studied. d. No structural or hydraulic design or analysis will be required. e. Evaluate and summarize environmental issues including tree loss, floodplains, wetlands, and community impacts, as well as construction costs. f. Identify the need for any right-of-way or easement acquisition for the revised route required for construction or access. Review all available right-of-way and easement documents. It is assumed that this project will be built entirely within public rights-of-way. Right-of-way and easement acquisition has not been included in this project and would be a Supplemental Service. g. Meet with City, IDOT, FHWA, Elgin Parks and Recreation, and other affected agencies to select a preferred alignment. (estimated as 2 meetings) h. Prepare a preliminary bike path plan showing the preferred alignment. 2 Attachment “A” Additional Scope of Services Elgin Bikeway Plan Route 4 SW Quadrant

i. Develop cost estimates. j. It is not anticipated that any retaining walls outside those necessary. k. Update the crash analysis for all intersections.

4. Soils Investigation a. No soil borings will be required.

5. Environmental Studies a. Prepare early coordination notification and aerial mapping for environmental agencies. Prepare the Addendum Environmental Survey Request (AESR) Form and submit to IDOT. b. Based on previous site visits, wetlands are not anticipated along the US Route 20 exit ramp or in Marie Grolich Park. Photos and a memo will be prepared for submittal. (to be performed by Huff & Huff, Inc.) c. A Letter of No Objection (LONO) will be prepared and submitted to the USCOE for review and approval. (to be performed by Huff & Huff, Inc.) d. It is not anticipated that any hazardous/special waste locations will be encountered during this project. Therefore, no preparation of a Preliminary Environmental Site Assessment (PESA) screening report to identify any potential Hazardous/Special Waste locations near the site has been included and will be a Supplemental Service. The standard environmental surveys necessary for a Project Development Report will be performed, including CERCLIS, LUST, and EcoCAT surveys. e. Summarize the environmental study and incorporate into the Project Development Report. f. Design alternatives will be investigated to minimize or avoid wetland impacts. g. Creation and approval of a Section 4(f) Evaluation Report for impacts to public park land. It has been assumed that the City will provide all usage information required for the report. h. It is assumed that no additional tree removal will be required. i. As this is within an urban environment and the site has been disturbed previously for the creation of the park and US Route 20, it is not anticipated that a Cultural and Archeological signoff will be required. Therefore, no Phase I archaeological reconnaissance survey in this project and will be considered a Supplemental Service. j. It is anticipated that the proposed bike route will attempt to avoid wetland impacts. Therefore, an Individual Section 401 Water Quality Permit is not included in this project and will be a Supplemental Service, if required. k. It is anticipated that the proposed bike route will attempt to avoid wetland impacts. Therefore, an Individual Section 404 Permit is not included in this project and will be a Supplemental Service, if required.

6. Preferred Improvement Plan a. Based on design studies, environmental studies, and public input, prepare the Preferred Improvement Plan. b. Develop the Preferred Improvement Plan on aerial photography. c. Prepare typical sections for the proposed improvements. d. Analyze construction staging scheme. e. Develop right-of-way, permanent easement, and temporary easement requirements based on proposed geometry, review of cross sections, and access during construction. Prepare right-of-way summary tables. No right-of-way or easement impacts are anticipated and are not included in this Scope of Services.

7. Public Meetings and Coordination a. Attend meetings and/or provide information for presentations to the City Council for their review of the recommended improvement plan. TranSystems will perform the actual presentation. (estimated as 1 meeting) b. Submit Notice of Public Improvement in local newspaper to provide ten (10) days for public comment on improvement plans.

3 Attachment “A” Additional Scope of Services Elgin Bikeway Plan Route 4 SW Quadrant

c. Conduct one (1) Public Meeting to present the project need, preferred improvement plan, project costs, schedules and environmental impacts. The Public Meeting will be conducted as an open house format per IDOT and FHWA requirements. Prepare all notifications, handouts, presentation text, exhibits, and minutes.

8. Project Development Report a. Prepare a Draft Project Development Report in the format of a State Approved Categorical Exclusion (IDOT Form BLR 22211) summarizing the preliminary engineering efforts including data collection, coordination documentation, alternative analysis, and Preferred Improvement Plan. The report shall meet IDOT, and FHWA criteria. It is anticipated that an Environmental Assessment (EA) document will not be required. b. Prepare a preliminary estimate of cost based on the preferred improvement plan. The cost estimate will provide cost participation splits between the City of Elgin, Elgin Parks and Recreation, and IDOT, as applicable. c. Submit the Draft Report for City, Elgin Parks and Recreation, and IDOT review. d. Update the Final Report based on agency and public review comments. e. Incorporate the Public Meeting documentation, including disposition of all comments, into the final report. f. Submit the Final Report for final approval by the City and IDOT to obtain Design Approval.

4 Attachment “A” AVERAGE HOURLY PROJECT RATES

FIRM TranSystems PSB DATE 06/27/17 PRIME/SUPPLEMENT Reallocation SHEET 1 OF 2

PAYROLL AVG TOTAL PROJECT RATES A-1. Proj. Coord and Data CA-2. Field Surveys A-3. Preliminary Design StA-4. Soils Investigations A-5. Environmental Studie HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 (E5) 70.00 4 1.10% 0.77 2 3.03% 2.12 Engineer 4 (E4) 68.43 8 2.21% 1.51 4 6.06% 4.15 Engineer 3 (E3) 54.08 62 17.13% 9.26 20 30.30% 16.39 4 4.55% 2.46 12 17.65% 9.54 8 16.67% 9.01 Engineer 2 (E2) 42.54 110 30.39% 12.93 20 30.30% 12.89 10 11.36% 4.83 26 38.24% 16.27 20 41.67% 17.73 Engineer 1 (E1) 33.47 114 31.49% 10.54 20 30.30% 10.14 10 11.36% 3.80 30 44.12% 14.77 20 41.67% 13.95 Planner 5 (P5) 70.00 0 Planner 4 (P4) 63.06 0 Planner 3 (P3) 46.54 0 Architect 4 (AR4) 66.97 0 Architect 3 (AR3) 60.00 0 Architect 2 (AR2) 37.40 0 Architect 1 (AR1) 26.95 0 Environmental Scient 60.00 0 Industry Specialist 3 50.36 0 Construction Service 49.71 0 Surveyor 3 (S3) 35.40 32 8.84% 3.13 32 36.36% 12.87 Surveyor 1 (S1) 21.40 32 8.84% 1.89 32 36.36% 7.78 Technician 4 (T4) 40.44 0 Technician 3 (T3) 35.40 0 Technician 1 (T1) 22.10 0 Administrative 3 (A3) 42.11 0 Administrative 2 (A2) 33.36 0 Administrative 1 (A1) 22.44 0 0 0 0 0

TOTALS 362 100% $40.04 66 100.00% $45.69 88 100% $31.75 68 100% $40.58 0 0% $0.00 48 100% $40.68

Page 4 of 7 BDE 3608 Template Printed 6/27/2017 9:54 AM PREPARED BY THE CONSULTANT (Rev. 01/12/17) '

AVERAGE HOURLY PROJECT RATES

FIRM TranSystems PSB DATE 06/27/17 PRIME/SUPPLEMENTReallocation SHEET 2 OF 2

PAYROLL AVG A-6. Preferred Improvement P A-7. Public Meetings and Coo A-8. Project Development Rep HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 (E5) 70.00 2 7.69% 5.38 Engineer 4 (E4) 68.43 4 10.53% 7.20 Engineer 3 (E3) 54.08 4 14.29% 7.73 8 30.77% 16.64 6 15.79% 8.54 Engineer 2 (E2) 42.54 12 42.86% 18.23 8 30.77% 13.09 14 36.84% 15.67 Engineer 1 (E1) 33.47 12 42.86% 14.34 8 30.77% 10.30 14 36.84% 12.33 Planner 5 (P5) 70.00 Planner 4 (P4) 63.06 Planner 3 (P3) 46.54 Architect 4 (AR4) 66.97 Architect 3 (AR3) 60.00 Architect 2 (AR2) 37.40 Architect 1 (AR1) 26.95 Environmental Scien 60.00 Industry Specialist 3 50.36 Construction Service 49.71 Surveyor 3 (S3) 35.40 Surveyor 1 (S1) 21.40 Technician 4 (T4) 40.44 Technician 3 (T3) 35.40 Technician 1 (T1) 22.10 Administrative 3 (A3) 42.11 Administrative 2 (A2) 33.36 Administrative 1 (A1) 22.44

TOTALS 28 100% $40.30 26 100% $45.41 38 100% $43.75 0 0% $0.00 0 0% $0.00 0 0% $0.00

Page 5 of 7 BDE 3608 Template Printed 6/27/2017 9:54 AM PREPARED BY THE CONSULTANT (Rev. 01/12/17) FIXED RAISES COST PLUS FIXED FEE

FIRM NAME TranSystems DATE 06/27/17 PRIME/SUPPLEMENT Reallocation 0.00 PTB NO.

CONTRACT TERM 6 MONTHS OVERHEAD RATE 149.90% START DATE 8/1/2017 COMPLEXITY FACTOR 0 RAISE DATE 2/1/2018 % OF RAISE 3.00%

ESCALATION PER YEAR

8/1/2017 - 2/1/2018

6 6

= 100.00% = 1.0000 The total escalation for this project would be: 0.00%

BDE 3608 Template Page 1 of 7 PREPARED BY THE CONSULTANT (Rev. 01/12/17) PAYROLL RATES FIRM NAME TranSystems DATE 06/27/17 PRIME/SUPPLEMENT Reallocation PSB NO.

ESCALATION FACTOR 0.00%

CLASSIFICATION CURRENT RATE CALCULATED RATE

Engineer 5 (E5) $70.00 $70.00 Engineer 4 (E4) $68.43 $68.43 Engineer 3 (E3) $54.08 $54.08 Engineer 2 (E2) $42.54 $42.54 Engineer 1 (E1) $33.47 $33.47 Planner 5 (P5) $70.00 $70.00 Planner 4 (P4) $63.06 $63.06 Planner 3 (P3) $46.54 $46.54 Architect 4 (AR4) $66.97 $66.97 Architect 3 (AR3) $60.00 $60.00 Architect 2 (AR2) $37.40 $37.40 Architect 1 (AR1) $26.95 $26.95 Environmental Scientist 4 (SC4 $60.00 $60.00 Industry Specialist 3 (IS3) $50.36 $50.36 Construction Services 4 (CS4) $49.71 $49.71 Surveyor 3 (S3) $35.40 $35.40 Surveyor 1 (S1) $21.40 $21.40 Technician 4 (T4) $40.44 $40.44 Technician 3 (T3) $35.40 $35.40 Technician 1 (T1) $22.10 $22.10 Administrative 3 (A3) $42.11 $42.11 Administrative 2 (A2) $33.36 $33.36 Administrative 1 (A1) $22.44 $22.44 $0.00

BDE 3608 Template Page 2 of 7 PREPARED BY THE CONSULTANT (Rev. 01/12/17)

AGENDA ITEM: C MEETING DATE: July 26, 2017

ITEM: Intergovernmental Maintenance Facility Agreement with Hanover Township Road District (No cost to the City)

OBJECTIVE: Approve intergovernmental agreement with Hanover Township Road District to provide greater efficiencies in service delivery in snow plowing and salting by the city and the road district.

RECOMMENDATION: Approve the Intergovernmental Maintenance Facility Agreement with Hanover Township Road District.

The city and the Hanover Township Road District have worked together since 2008 to provide more efficient snow plowing and salting services to their constituents. An intergovernmental agreement allows the road district to store 500 tons of road salt in the city’s Shales Parkway salt storage facility in return for Hanover Township plowing the city’s portions of Spaulding and Gas- ket Drives. The current intergovernmental agreement has expired and the Hanover Township Road District is seeking to establish a new agreement. Staff recommending the approval of a new intergovernmental agreement.

BACKGROUND

The city and the Hanover Township Road District in 2008 recognized that working together can provide more efficient snow plowing and salting operations in each of their respective service areas. Elgin’s Shales Parkway road salt storage facility is located in close proximity to Hanover Township’s western jurisdictional boundaries. The township’s ability to store and retrieve road salt from the city’s facility has increased the efficiency of the township’s snow plowing operations because it no longer requires its drivers to travel far to reload their plow trucks. In return for allowing the township to store salt at the city’s Shales Parkway facility, the township plows and salts the city-maintained portions of Spaulding and Gasket Drives. The township’s plowing these streets enables more efficient service delivery than the city can provide at these remote locations in the far southwest area of the city.

The city and Hanover Township extended their intergovernmental arrangement in 2013. That intergovernmental agreement expired in April and Hanover Township is again asking to continue this arrangement by entering into another intergovernmental agreement that will expire in 2021.

OPERATIONAL ANALYSIS

The Shales Parkway facility is the largest of the three, city-owned salt storage facilities with a capacity of nearly 5,500 tons. Under the terms of the proposed intergovernmental agreement, Hanover Township stores 500 tons of salt (purchased by the township) for use on township roads. Hanover Township is also responsible for the conveyor costs associated with loading 500 tons of salt into the city-owned salt storage facility.

The city and Hanover Township track the amount of salt used by the township to ensure city road salt is not being used for township roads. The city also provides the township with SuperMix— the liquid manufactured by blending calcium chloride, salt water and beet juice—to enable the township to service Spaulding and Gasket Drives in a manner consistent with other city streets during ice and snow removal operations.

The intergovernmental agreement terminates on April 1, 2021 and may be extended after that date annually by the mutual written consent of the city and Hanover Township.

INTERESTED PERSONS CONTACTED

None.

FINANCIAL ANALYSIS

There is no direct cost to the city for this program.

BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A

LEGAL IMPACT

None.

ALTERNATIVES

The city may choose not to renew the intergovernmental agreement. That action will require the city to reconfigure the current snow plowing routes to incorporate Spaulding and Gasket Drives

(which are currently serviced by the Hanover Township under the intergovernmental agreement).

NEXT STEPS

Execute the Intergovernmental Maintenance Facility Agreement with Hanover Township Road District.

Originators: Christopher Tiedt, P.E., Senior Engineer Kyla Jacobsen, Interim Public Services Director

Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel Richard G. Kozal, City Manager

ATTACHMENTS A. Intergovernmental Maintenance Facility Agreement

AGENDA ITEM: D MEETING DATE: July 26, 2017

ITEM: Streambank Stabilization Project Assistance Agreement with Garden Quarter Townhome Associ- ation ($43,125)

OBJECTIVE: Facilitate restoration in the Tyler Creek watershed to mitigate the streambank damage and prevent further erosion.

RECOMMENDATION: Approve the Tyler Creek Fund Streambank Assistance Agreement in an amount up to $43,125.

The Tyler Creek Fund was created to provide funding for a regional stormwater detention area for the Valley Creek subdivision and surrounding properties when they were originally developed beginning in 1978. The U.S. Army Corps of Engineers never granted approval for the regional detention area. The Tyler Creek Fund has since been utilized to finance streambank stabilization projects benefiting landowners affected by the erosion along the Tyler Creek streambanks.

This initiative provides financial assistance to the Garden Quarter Homeowners Association for streambank stabilization. Tyler Creek Fund program guidelines enable landowners to receive up to 50 percent of the qualifying expenses for streambank stabilization projects as a grant with the remaining 50 percent used as a loan for repayment over a ten-year period. Here, the Garden Quarter Homeowner association will be receiving a maximum grant of $21,562.50 along with a $21,562.50 loan for a total award of $43,125.

BACKGROUND

The Valley Creek Subdivision was annexed into the city in 1978. A condition of the annexation agreement required the developer to pay into a regional detention basin fund in lieu of providing stormwater detention for the subdivision. Detention basins provide temporary storage of storm water runoff to reduce downstream flooding by slowly releasing the storm water into the receiving stream, which in this instance is Tyler Creek. Regional detention basins function much the same way except they incorporate many smaller basins from various developments into one larger facility. A regional detention basin can control stormwater runoff better than many smaller individual basins. Regional basins are more difficult to incorporate into a development because

they require coordination of many property owners and developers to both identify suitable property and then construct the basin.

Construction of the Valley Creek regional basin required Army Corp of Engineers (ACoE) approval and permit. The Army Corps ultimately rejected the plan so the basin was never constructed. The Tyler Creek fund has a balance of approximately $700,000 that has been generated by developers making “fee in lieu” payments plus interest earned to date.

Because the regional stormwater detention basin could not be constructed, the impact of downstream flooding from several developments that did not construct site-specific detention basins became problematic. The city retained a consultant to examine the impact on the downstream flood plain from the developments without site-specific stormwater detention basins. The study determined there was no impact to the 100-year floodplain. But there were negative impacts to the smaller, two-year to ten-year floodplains.

A floodplain is defined by its frequency to flood based on historical data. By example, a two-year flood occurs on average once every two years; a ten-year flood once every ten years. More fre- quent, minor flooding causes increased erosion, streambank destabilization and ecological deg- radation. To address these adverse impacts, the city retained another consultant to identify and design projects that would stabilize the Tyler Creek streambanks and provide various ecological improvements. That plan was completed in 1997.

This 1997 Tyler Creek Management Plan identifies stormwater management strategies for future development, stormwater retrofit projects, stream corridor restoration/stabilization projects and wetland banks as part of a plan to improve water quality and reduce flooding. The Tyler Creek Fund is used to finance these various projects. Three projects have been completed to date. The program being considered fits well with the Tyler Creek Management Plan. It provides financial to property owners along Tyler Creek with financial assistance to complete eligible streambank stabilization projects using the Tyler Creek Fund.

OPERATIONAL ANALYSIS

The city in 2011 provided financial assistance to three Tyler Creek properties for streambank stabilization projects. Those projects are:

• Eagle Heights streambank stabilization • Spring Cove streambank stabilization • Wing Park dam modification and streambank stabilization (city property)

The city financed one hundred percent of the costs for those three projects from the Tyler Creek fund; 50 percent in the form of a loan and 50 percent as the commitment to the Tyler Creek Management Plan.

In all cases, the property owners or homeowners associations were able to borrow from the Tyler Creek Fund for a period of up to ten years, with the first three years being interest free.

The Garden Quarter streambank stabilization project will remediate the severe bank erosion that will ultimately impact the adjacent townhouse properties if left unmitigated. With direction from the Tyler Creek Watershed Coalition, the Garden Quarter Townhome Association, managed by Don Rage, has been working with Randy Stowe of Biotechnical Erosion Control, Ltd. as the design- builder of the project. Mr. Stowe and the Garden Quarter Townhome Association have obtained all the necessary permits through the Army Corps and Illinois Department of Natural Resources for the streambank stabilization work.

The Garden Quarter Townhome Association will borrow from the Tyler Creek Fund for a period of up to ten years, with three years interest free. Following the three-year period, the Garden Quarter Townhome Association will be charged interest on the unpaid balance at an annual rate equal to the most recently available “Bond Buyer 20-Bond Index” rate. The interest rate will be adjusted annually on the anniversary of the agreement. The loan payments will be made in sixty, bi-monthly installments.

The Garden Quarter Townhome Association’s agreement with the city requires it to maintain the funded improvements for a minimum of fifteen years.

INTERESTED PERSONS CONTACTED

The Garden Quarter Townhome Association and the Tyler Creek Watershed Coalition have been contacted and are working to gain additional funding for this project.

FINANCIAL ANALYSIS

The city has accumulated money in the Tyler Creek Fund that has been received as “fee in lieu” for stormwater detention in the Tyler Creek Watershed. As such, the funds are restricted from being used for other city or general corporate purposes. The funds have been set aside for assistance in implementation of the Tyler Creek Watershed Plan. This agreement will facilitate the execution of the plan. Previously, the Spring Cove Resident’s Association and various Eagle Heights Residents have received funding for stabilization.

Garden Quarter Townhome Association will receive $21,562.50 in the form of a grant, and $21,562.50 in the form of a ten year loan to complete the qualifying work. The total cost of the streambank stabilization work that will be accomplished at this time will be $43,125.

BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Tyler Creek 378-0000-795.92.32 338391 $688,270 $688,270

LEGAL IMPACT

None.

ALTERNATIVES

The city council may choose to reject the agreement. Additional direction to staff will then be necessary to determine alternatives that comply with the Tyler Creek Watershed Plan.

NEXT STEPS

1. Execute agreement with the Garden Quarter Townhome Association.

2. Complete work in the Tyler Creek Watershed.

Originators: Kyla B. Jacobsen, Interim Public Services Director Eric B. Weiss, Interim Water Director

Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS A. Tyler Creek Watershed Streambank Grant Agreement B. Tyler Creek Watershed Streambank Guidelines

TYLEFT CREEK WA'IERISHIID iS TREAMBANI( S TAB ILIZ A,TI OI\ P]RO GRAM GIIANT AND LOAN AGRE]OMENT

TH]S AGREBMENT is rnade and enterecl into this duy of ___, 2017., by and between the {Jity of Elgin, IllinojLr;, a municipal corporation, (hereinaft,:r referred to as the "City") ancl Gq{len Ouarter I Townhonre Association (hereinafter ri:ferred to as the "r\pplicant"). !YITNESSIi TI{

WHEI{EAS, ttLe Applir;ant is the owner of the property commonly kno'wn as Garden au:artg$-Ulo'wnhomes, Iilgin, Lllinois (hereinafter referrecl to as; the "subject Prope:rty"); and,

WHEI{EAS, thLe Applicant has made an applliication to the City for funding assistance pursuant to the City's'llyler Creek S/atershed Strea.tnbank Stabilization Program (hereinafter referred to ar; the "Program"), to be used for strea.rnbank srlabilization improvements at the Sutrject Property; and,

WHEREAS, the City has established a fund to be utilized for watershed protection efforts wit.hin the 1-yler Creek S/atershed (here:inafter the "Tyler Creek Fund"); and,

WHEREAS, the City has determined the streambank s;tabilization improvements at the Sutrject Property rvoulj .further provide watershed protection v,'ithin the Tyler Clreek Watershed and are an arppropriate use of'the TylelCreek Fund; an,rl,

WHEREAS, the Cit1, has agreed to provide frrnding assistance to the Applicant for the work described herein on the Subject Property, purrsuant to the terms and conditions of this Agreement; and,

WHEREAS, thLe City of Elgirr is a home nrle unit of local government which may exercise an)/ power and p'erfcrrrn any function pertaininlg to its goverrlment and affairs; and,

WHEI{EAS, providing financial assistance to :lacilitate the installation o1 improvements as rJescribed herein w'illl prornLote the public welfare of the community and pertains to the soverrrment and alfairs of the Citv.

NO\M. THERE.FORE, for and in consideration of ttre mutual promises arrd undertakings contained hr:rein, and other goorC and vzrluable consideration, the receipt and sufficiency of which is hereby m'utually acknowlerlged, the parties hereto apgee as follows:

1. 'Ihe foregoing recita.ls are incorporated into thir; Agreem,ent in their entiret.g.

2. 'the Applicant represients and vrarrants that tl:r.e Aprplicant complies witlh the applicant eligibility guidel,lnes ]for the Program, includin6l the fbllowing: The Applicant c)wns thel Subject Proprerty and is at least eightee:n (18) years of age, or lhas been designated and authorized lly tlhe owner of the Subject Property to comnrit the chLanges proposed on the iSubject F'roperty.

b. The Sutrject Property is located with the corporale limits of the Citt'y of Elgin.

r). The Sutrject Property is located within tnre Ty'ler Creek Watershed,

rJ. The stre:ambank stabilization project on the Sutrject Property hasr b,eet identified in the lfyler Crr;ek Management Plan and has the support of lJre Tyler Creek WaterstLed Coalition. a ''l The Applicant shLall cornplete all work proposed under this Agreement in conforrnance withr all applicable codes, ordin;ances, and laws and in conformance with th.e Tyler Creek Watershed Strearnbank Stabilization Program guidelinrls. NotwithstandiinLg anything to the contrary in this l\greement, it is expressly agre,ed ;and understood f,''1 the Applicant that in the perfonnance of this ,A.greement the ,A.pplicant shall comply with all applicable fede,ral, state, city and other requirements of law. ThLe Applicant shall also at hislher expense secure all perrnits and licenses, pay all charg;es and fees and give all notices necessary and inc:iderrt 1o the due and lawful prosecrution of the work as described in this Agr,eement.

4. The Applicant warrants and reprresents that thr: Applicant has obtained either (1) at least two written estiirnLates from respronsible contrar:tors llor 1.he proposed work, or (2) at least one written estimate from a responsible contractor supported by a written statement from a professional elltgirreer stating that the enginecr is llamiliar with the prop'oS€d work, has revi,eu'ed the written estlimate, and has determined that the written estimarte constitutes a reasonable estirnerte of the cost for such work. The,Applicant shall provid.e copies of any such written estimates and supporting documr:ntation to the City. In the event that the proposed work ,will re:quire rnore than one contractor, the Applicant warrants and represents that rlhe Applicant has obtainedl written estimates from contractors in accordance with the requirements of this paragraph 4 for each discrel.e and separate aspect of'the prroposed work, ;and has provicl,od copies of the same to t]he City. The Applicant shall srllect the lowerst written estinrate submitted by a responsible contractor for the total Worl< or for each discrete and seperrate aspect of the propose(l Work, subject to approval by the Clity. The lowest cost estirnate(s') arrd scope(s) of work submitted by responsible contractors for the rvork to be performecl under this Agreement and approved by the City is (are,) attached hLereto as AttaclLmenrt A and made a part hereof by this reference (here;inafter referred to as the "Wor,k."). ltJo ,change shall be rrLade to the cost estirnate(s) andior the: sc;ope(s) of work unless :lppro,'red in writing by the City.

5. The Applicant shall ob,tain all necessary perrnits prior to beginning any' Work. The Applicant shall tregirr the worli within one h;rndred t''ruenty (120) days of the date of exec:ution of this Agreement. The Applicant shall cornplete all of the Work within a period of one tnurdre,d r:ighty (1t0) days after the date of execution of this Agreement. 'fhe Work shall be performed in compliance urith all applicable C)itly codes and ordinances. Thr: r\pplicant shall arrange to have the Work inspected at such times as may be required by the t3ity and after the completion of the Work. No funds shall be disbursed prior to an iinspection and final approval oI'the Work by the City, or, in the case of nrultiple corrtractors, prior to an inspection and fin,al approval of any discrete and separate aspect of the Work, such inspection an

6. Following completion, inspection and approval of the S/ork by the City or, in the case of multiple .on11actors, folllowing completion, inspection and approval of any discrete and separate aspect of'the Work, the Applicant shall present the City with an invoice from the contractor for ttre tota.l amount c,f the completerJ Work fcrr payment.

7. Within thirty (30) days of the receipt and approverl b'y the City of an invoice from a contractor descr:ibed in Paragraph 6, above, the: City shall disburse funds to the contractor in the amount of the in'',zoice, but in no event shall such amount exceed the total cost of the 'Work provi,Ced fo,r in Attachment A or, in the caise of multiple contractors, the cost of any discrete and separale asper;t of the Work provide

8. The Program Funds dlistrursed on behalf of the r\pplicanrt shall be as follows:

tL. Fifty percent (:;0%o)" of the Progrann Funds shall constitute & grant to the Applica:nt., said grant anrount being twentl,-one thousand five hutrdred sixty-two dollars i4d f,fty cents ('$21.562.50)" fbr wtrich no repayment shall be required unless otherw'ise provided for in this r\greemernt (hereinafter refbned to as the "Grant"').

lr. Fifty percent o I the Program Funds shal I constitute a 1 O-year loan to the Applicarnt, said .[oan amount being twlgfy-one thousand five hurrdred sixty-two dollars igfd fitftycents (1821.562.50.) (hereinafter referred to as the "Loan"). The followinLg temrs rand pro''risions shall apply to sairl Loan:

i. In re:turn fbr the City providing the monies fbr the Loan to the Applicant, the Applicant promises to repay to the tlity in full the Loan amount of twenty-one thouqqnd five hundred sixty-two rlqllitrr; anLd fifty cents ($21.562.50). plus interest as provided for in paragrapJr 8.b.i'ii of this Agreement. The Applicant will rnake all paymr:nts under thisr agreeme:nt in the form of United States Dollars in cash, check or money orcler. The Applicant will repay to the City in firll the L,oan amount, plus applicabl; interest, on or before the Maturity Date set forth in paragraph 8.b.jii, bellow,, Payments will be made and deli'vered to the City in the manner set lbrrth in paragraph 8.b.iv, below.

11. The tenn of such Loan shall be ten (10) I,rears from the da1.e on which the City firr;t disburses any Program Funcls under this Agreement (hereinafter re.flerred to as the "Maturity Date"). In no event shall the term of a Loan unLder this ,Agreement exceed ten (10) years. tll. Ttrer:e slhall be no interest charged to the Applicant for the first three (3) years of'the term of the Loan if it is repaid in accordance with the terms of this Agreement. Following thiis 3-y'ear period, the Applicant shall be charged interest on the unpaid balance of the Loan at an annual rate equal to thr: most recently available "BonrJ Buyer 2,O-Bond Index" rate, as published in'T'he tVltall Stree'r Journal (here,inafte,r re,ferred to as the "Interest Rate"). The Interest Rate shall be adjustled aruruaily thereafter on the anniversary date o1't;his; Agreernent to an anmnl rate equal to the most re,cently available "El

IV. The Loan shall be repaid to the Clity in sixty (60) equal bimonthly inr;tallment.s (an installment being due once every two (2) months). The injtial amount of said bimonthly installments shall be three, hundred fifty- nir19 dollans and thirty-eight cents (ti359.38) (hereinafter referred to as "L,oan Lnstallments;"). Following the initia.l three (3) years of the Loan, the anrount of the Loan Installment will be adjusted annually 1s reflect the anrount of interest charged pursuernt to paragraph 8.b.iii of this Agreement. The Cili's Finance Department shall issue a bill to the Applicant reflecting the amount of the Loan Installment on a bimonthly basis. The Applicant agrees tlhat the Applicant's Loan Installlments shall be considered a part of the r\pplicilnt's se\i/er and water service charges for all pulp'oses, including the renredirls set fc,rth in paragraprh B.b,x of this Agreement. The Applicant furlher agrees that any payments from the Applicant receir,'ed by the City shrall first be applied to any outstanding Loan Installments then due and ovring, ancl shall then be appliecl to other charges incurred for sewer and werte,r service, in the City's sole discretion.

V. The Aplllicant agrees that the Loan frc,m the City shall cons;titute a lien on the Subject Property, and the y''ppliciant further agrees to sign the Lien Agreemr:nt attached hereto as Atl.achment B. Upon the Apprlicant's receipt of the Loan, the Clity shall record said lierr against the Subject Property at the r\ppllicant's sole cost and expsnse as security in the event the Applicant fails to r:epay the l-oan and applicable interest, breaches thir; Agreement in any ma.nner, or arttempts to convey the Subject Properlr prior to full repayment of the Loan and applir;able interest. Upon full repayment of the Lc,an and erpplicable interest, the City' s;halll perform all necelssary actions to release the lien thrat has been recordecl ag,ainst the Subject Property. The Appticarnt shall cooperate with llhe City and shall execute any and all documents as may be necessar:/ to perform the intended effect of this Agr:eem,ent, including, but not linrited to, executing all docurnents necessary to cclrrect any errors or omissions,

vl. Ttre Aplllicant agrees that, in the ovent the Applicant wishes to sell, convey or otherwise transfer the Subject .Property during the term of this Agreement,, then the entire amount of any unpaid balance on the Loan, inr;luding applicatrle interest charges, must be repaid in lull prior to or concurrent with any such sale, conve)'ance or transfer. The repayment in futl of tlhe entire amount of any unpaicl balance on the Loan and applicable interest charges prior to or concurrent 'wittr any sale, conveyiance or transfer shal.t be a condition to the issuance of a City transfer stamp. vii. The r\ppliLca.nt has the right to make,: pa1lments of principal of the Loan at any time befbre they ar,e due. The A.pplicant may make a full prepayment or part.ial preparyments without paying; a prepayment charge. I,iotwithstanding anything to the contrary in this rargre€rrlefrt, no partial repayments by the applicant of the Loan shall constittrrle or be construed as a waiver by the City of the riglrt to receive the full repay'ment of the Loan in the amount of twenty- one thousand five hundred-sftly:Iylr doll.ars and fifty cents ($111"562.50). plus any applicable interest charges.

viii. In additjion to any other remedies ravailable to the City, if the Applicant does nc,t pay th,s full arnount of the Loan, including applicable interest charges, by the I\laturity Drate, or if the Applicant cloes not make a Loan Installment by' the rCate on which it is due, the z\pplicant will be in default. If the Applicant is in default, the Cily may send a written notice telling the Applicant that if they do not pay the overdue amount by a certain date, the City may rrequire the Applicant to imtnediately pay the full amount of the principal of the l,oan which hasi not been paid and all interest that the Applicant owes orr that amount. Ihat date must be at least thirty (30) days afifer the date on u'hich the noticer is mailed to the Applicant or delivered by otlher means. If the City has required the Applicant to pay immediately in full the Loan as described in this subparag;raph, the City will have the right to be pa.id back b1'the Applicant for all itrs costs and expenses in enforcing this Agree:ment t

ix. In addit:ionL to any other remedies availabler to the City, the .Arpplicant agrees that in the event that the Loar is not repaid in accordance with the provisio:ns set forth in this Agreentent, the City may commence legal action against rthe Applicant to collect 1he Loan and/or to enforce its lien on the Subject Property in accordance lvith the terms of this Aglreement. The Applicant agrees rlhat the City r;lhall also be entitled to collect from the Applicarrt its atto:rney's fees ancl costs lbr commencing ieny such legal acrlion.

x. In addition to any ,other remedies iavailable to the City, the A.pplicant agrees that the Applicant's failure to pily thro furll amount of the Loan and any applicab,le interest charges by the Maturity Date, or the Applicant's failure to rnake a Loan InLstallment by the date on which it is due, shall constitute grounds to shut-off and/or discclnnect the Applicant's water and sewer service, in accordernce with the applicerble provisions of Chapter 14.04 and Chapter 14.08 of the Elgin Municipal C)ode,.

xi. The prc,vir;ions o1' these paragrerphs tl.b.i through 8.b.xi, inclusive, shall survive any termirration of this A,greennent, and shall not be construed as a linnitation on any other of the Citl"s rights under law or equity'

9. The Applicant further vrarrants and agrees that the,Applicant will keep and maintain the strearnbank stallilizatiorr improvements that are the subject of the Work for a minimum of fifteen (15)years from the date on which the f)rogram -Funds are disbursr:d. Any failure of tlhe Applicamt to adequately maintain the streambark stabilization irrrprovements, in the rsole discretion of the City, shall constitute a breach of this Agreement.

10. In t.he event the Applicant breaches or otherwise fails, to perfonn any ,cf the terms or provisions of ttris Agreement, tlne available renredies to the City shall inc.lude, but not be limited to, the imrnLediate tennination of ttrjis Agreement and the forfeiture by the Apprlicant of any Pr

1 1. Not'withstanding &n1r other provision of this Agreentent it is expressly agreed and understood that in connection vrith the performance of this Agreement that the Applicant shall comply rvith all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace saf'ety and legal status of employees. Without limiting the foregoing, Applicant hereby roertifies, represients and warrants to the City that all Apprlicant's contractrlrs andlor agents who will be: pr,oviding products and/or services with respect to this ,A.greement shall be legal residronts of the United States. l\pplicant shallt also at its expense secure all permits and licensres, pay all charges and fees and glve all n'otices necessary and insident to the due altd la''wfull prosecution of ttre work, and/or the products and/or serrrices to be provided fc,r in tlhis .Agreement. The City shall have the r:ight to audit ilt! r€,cords irr the possession or control of the Applicant to determine Applicant's cornpliance with the provisions of this rsection. In the event the City proceeds with such alt audit the Applicant shalll nrake available to, the City the Applicant's relevant rec,ords at no cost to the City.

12. Unless applicable larv requires a different merllhod, any notice that must be given to the Applicant under this AgreemenLt will be giverr by clelivering it or by mailing it by first class mail to the Applicant at the Subject llroperty, or at a different address if the Applicant gives the C)ity' a notice of a different addre,ss for the Applicant. Any notice that must be given to the City under this AgreennLent will be given by delivering it or by mailing it by first classi mail to the City of F;lgin at City of Elgin, 15Cl Dexter Court, Elgin, Illinois, 6A120, A.ttention: City Manager', withL a copy to Corporatio.n Counsel, City of lilgin, 150 Dexter Court, .Elgin, Illinois, 6012i,0, or at a different address if the Applicant is gir,'en a notice of that different adclress of the City.

13. The Applicant and an.y other entity which has obligations under this Agreement rvaive the rights of Presentment and Notice of Dishonor r("Presen1.ment" means the right to require the rCity to demand payment o1'amounts due. 'Notice of Dishonor" olefflS the right to requLire the City to give rnotice tcl other persons that amounts due have not been paid.)

14. The failure by the City 1.o enforce any provisions of this Agreement againr;t the Applicant shall not be deemed ar waiver of the right to do so the:rea.fter.

15. tn the event funLding lbr the Proigram from any llederal, state or other source is withdrawn, reduced, or lirrLited in imy wa)' after the effective date of this Agreement and prior to norrnal comple:tion, the City may terminate this Agreement, reduce funding to the Applicant, or renego'fial.e the Agreement subject to such new funding conditions, at the City's sole option and discretion and without liability to, the City, except lor the payment of Program Furrds for $/ork that has already breen approved and performe,C at the Subject Property pursuarnt to thir; Agreement and prior trr eny such termination.

16. In the event the r\pplicrnnt fails to commence the V/orli within one hundred and twenty 02!D days from the date of execution of this .,\greement, or fails to complete the Work withLin one hunrjfed:nd eighty (180) days from the date of execution of this Agreement, the City shall have the right, in the City's s,ole optiorr and discretion, to immediately tenninate this Agreerne:nt without liability to tlhe CiLty. In the event the City terminates the,A,greement for th,e r(3asons sret forth herein. the Applicant shall refund to the City any ProgSram Funds paid by the Cit'y to the Applicant, or parid to any contractor on behalf of the.,{pplicant, upon tlhirty (30) clays written denrand. The repayment of such funds by the Applicant shall not tre construed so as to conrstitutr; a waiver or relinquishment of any other rights whiich may be available to City at law or equily. This provision shall survive any termination of th:is l\greement, and shall nr:r,t be cons;trued as a limitation on any other of the City's rig;hts under law or equity. 17. Thisr Agreement is and shall be deemed and c,onstrued to be a joint and collective work procluct of the City and the Applicant, and, as such, l.his Agreement shall n.ot be construed against the oth.er party, as the otherwise purported drafter of same, by any court of comrp€t€nt juris;diction in order to resolve anl/ inconsjLstency, ambiguity', vagueness or conl:lict, if any, in the terms and provisions corrl"ained herein.

18. This; Agreement shalll be binding on the parties; hereto arrd their respective successors and perrnitted assigns. Ihis Agreement and the obligations herein may nLot be assigned wittrout the express written consent of each of the partiLes hereto, which consent may be wittrheld at the sole disc;retion of either of the parties hereto.

19. Thir; Agreement shall not be deemed or constrrued t,o cre&to an employment, parlnership, joint venture, or other agency re,lationship betv/een tlhe parties hereto.

20. The Applicant shall to, the fullest extent pe:rmitted try the law, indennnify and hold harrnless the Ciity', its olficials, employees, agents and arll other related organizations and persons from all loss, cost, clairns damages, er:penses of whatever kind arising out of any liab:ility, or claim of lialbility for any injury or damarge rlo persons or property or claimed to have been sustained lby anyone whomsoever by reason of the proposecl improvements to b'e made to the Subject Property. [n the event of'any action againLst the City, its officers, employ'ees, agents, boards or comrn.issiorLs crovored by the foregoing duty to indermniff, defr:nd arrd hold harmless, such ac,l,ion shall be defended by legal counsel of the City's choosing. 'fhe provisions of this; paragratrlh shall survive etny termination andr'or expiration of this Agreement.

21.In no event shall the City be liable for monetaqr danages to the Applicant for any reason, including, but not Limiited to, compensatory., consequrential or incidental damages or attorrneys' fees, with thel sole e>

22. The Applicant shall supervise and monitor tJre performance of the Work in order to ensure compliance with all grant program requriLrements and all applicable City codes and ordinances.

23. This; Agreement represents the entire agreement betrveen the parties hereto. There are no othe,r agreements, either oral or implied, between the pzrties hereto regarcling the subject matter of this A.greernent. This Agreement may not be modified or amen,Ced without the written agreement of the parties hereto.

24.The terms of rthis Agreement shall be severable. In the event any crf the terms or provisions of this Agreement are deemed to bi: voi

26. App;licant, on behalf of itself and its respectirre suc;cessors, assigns and grantees of the Subject Propert'y, her,ebli ackno''wledges the propriet'y, necessity and legaliity of all of the terms and proviisions of'this Agreement, and rloes hereby further agree arnd does waive any and all rights to any' and all legal or other challe:ng€:S or defenses to any of the terms and provisions of'this l\greement, and hereby' &greoS and covenants on behalf of itself and its successors, asisigns and grantees of the Sub-iect Property, not to sue the City or maintain any legal action or other defenses agairnst th,e City with respect to any challenges of the terms and proviisions of th,is Agreement.

SIGNAI]URE PAGE ITOLL,OVTS IN IVITNESS WI{EREOF, the llarties hereto herve e>

CITY OF IiLGIN APPLICAIIT

Rictrard Kctzal City Manager

Dqrnald B4ge (Agent.') N6lxe (iPlearse Print)

Datc: DaJe: (, * t't

10 A.TTACHMEN:I A cosT ESTIMATE(S) AND SC()PE(:S) (DF WORK

t1 A.TTACHMEN:I B

NO']TICE OF L,IEN

'fhis I-,ien AgreemenLt is herebY macle and entered into this day of 2077, by and-- betwee,n the CITY OF ELGII\, IL,LINOIS, a municipal corporation, (hereinafter referred to a.s "City"') and Garden Querrter I lfownhomei$sgqglation, (hereinafter referred to as the "Property Owner") the title holder(s) or sole treneficial owner(s) of the real property ,cotnnlollly known as the Garden eg4rter Townhome A6;soclltion, Elgrin, Kane CounLty, Illin,ois, Permanent Index Numbers 0610401010, 0610253014, 06102540103, 0610401011, (hereinafter referred to as "Subject Pro'perties"), and legally descritred in E:

WHEREAS, the Propert.y has mLade an applicaf ion to the City for Tyler Cr:eek Watershed Streambank Stabilization Program ftrnds to be uri,od firr r:ertain streambank stabilization imp,rovemetrts to the Subiect Prrcperty; and,

WHEREAS, th,o City has provided such funds to the Pr:operty Owner(s) ils a loan in the amount of t'wenty-one th<2qg44i! five hu.ndred six -two dollars arnd fift cents 11.562.50

NOIM, THEREFORII, the parties hereto agrec) that the City of Elgin shLall have a lien against title to the Sub.f ect Properties in the amount o1'twenty-one thousand five hundred sixty- two dollars and fifty ceqls-($21.562.50).

This lien shall tre effective as to the Subject Properties fi'om the date of this lien.

CITY OF ELGIN, ILLTNOIS PROPERI|Y OW\IER (Agent)

Prepared b); After ReclrrdingR,:turn to : Chlistopher J. Beck City Clerk: Cit'y of Elgin City of Etlgin 15Ct Dexter Court 150 Dexterr Court Elgin, IL 60120-5555 Elgin, IL 60120-5 55 5

TYLER CREEK WATERSHED STABILIZATION PROGRAM

I. Eligible Properties II. Application Process III. Financing Mechanisms

I. ELIGIBLE PROPERIES

To be eligible for this program, applicants MUST own a property adjacent to Tyler Creek that has been identified for streambank stabilization in the Tyler Creek Management Plan and has the support of the Tyler Creek Watershed Coalition. The applicant also must submit evidence demonstrating that the property would benefit from the proposed streambank stabilization improvements. The City of Elgin will determine if this criterion has been met. Appropriate evidence includes, but is not limited to:

• Photographs; • Information based on location and confirmed through meeting with City representative.

All applications received will be considered on a first-come, first-serve basis until funds are exhausted.

II. APPLICATION PROCESS AND PROGRAM OVERVIEW

1. Contact Kyla Jacobsen in the Water Department to discuss best streambank stabilization improvement options for property. 2. Obtain at least two (2) written proposals from responsible contractors for the proposed work. 3. Fill out and submit application. 4. Receive approval from City for project in the form of an agreement. 5. Complete work. 6. Arrange to have work inspected and approved by City. 7. Submit invoice from completed work for payment. Once the invoice is processed, the City will provide a check to the contractor for payment of work completed, as provided for in the agreement.

Attach supporting documentation to the application form including the following: □ Verification of Property Ownership, which includes one (1) or more of the following:  Property Warranty Deed;  Title Insurance Policy;

1  Land Contract recorded with the County. Note: In the event applicant’s interest in the property is as the purchaser under a land contract, the record owner of the property shall be required to execute a lien against the property as provided for in the agreement. Two detailed cost estimates provided by licensed contractors. Photographs of existing conditions.

Additionally, eligible program participants must:  Obtain all required permits prior to beginning any work.  Comply with all applicable City ordinances, including stormwater ordinances.  Have all improvements inspected and approved by the City.

Those residents who do not comply with the above criteria may be subject to a denial of application or withdrawal of funding.

III. FINANCING MECHANISMS

This program has finite funding; funds will be allocated on a first-come, first-serve basis. The financing structure is as follows:

Option 1: EPA 319 grants received • The 319 grant will provide funding for 60% of the project. • City provides funding for 40% of the project cost to property owner or homeowner’s association, as follows: – 20% of total project cost as a grant; – 20% of total project cost as 10-yr loan. • To encourage quicker repayment the first 3 years of the loan will be interest free. • In subsequent years, the interest rate will be set by the “Bond Buyer 20-Bond Index” rate.

Option 2: NO EPA 319 grant funds received • City provides funding for 100% of cost to property owner or homeowner’s association, as follows: – 50% of total project cost as a grant; – 50% of total project cost as a 10-yr loan. • To encourage quicker repayment the first 3 years of the loan will be interest free. • In subsequent years, the interest rate will be set by the “Bond Buyer 20-Bond Index” rate.

On receipt of the application form, the property and proposed work will be evaluated by City staff.

Please note that grant funds received are considered taxable income and the grant recipient will receive a 1099G Form.

Additional Information Call the City of Elgin, Water Department at 847-931-6150 for information.