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HomeMy WebLinkAbout10-134 Resolution No. 10-134 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH TROTTER AND ASSOCIATES, INC. (Kimball Hill Homes, Inc. - Waterford Subdivision - Units 1, 2 and 3) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of an agreement with Trotter and Associates,Inc.by Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, regarding inspection of the public improvements, report and punchlist evaluation for Units 1, 2 and 3 of the Waterford Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 14, 2010 Adopted: July 14, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 00 00 TROTTER \ASSOCIATES,INC. ENGINEERS AND SURVEYORS June 25, 2010 City of Elgin Mr. Mike Hall, P.E. 150 Dexter Court Elgin, Illinois 60120 Re: Revised Proposal Waterford Neighborhood, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Dear Mr. Hall, In accordance with your recent request, Trotter and Associates, Inc. ("Engineer") is pleased to render a proposal for professional engineering services for the City of Elgin ("Client") in connection with Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation (hereinafter called the "Project"). Understanding of the Project The City of Elgin is requesting evaluation and site assessment of Waterford Neighborhood Units 1, 2 & 3 as a result of the developer's bankruptcy and inability to complete the improvements. Trotter and Associates, Inc. (TAI) will have a two (2) person crew conduct a field review of the site improvements with a representative from the surety company in order to evaluate the condition of the improvements and to identify items of uncompleted work and items that are deficient in workmanship or materials. The major items that will be reviewed in the field are: site grading and erosion control; storm and sanitary sewer systems; water system and appurtenances; and roadways (includes curb/pavement/sidewalks/driveway aprons). Deficiencies will be noted based upon the approved engineering plans and per the City of Elgin's Subdivision Ordinance and Engineering Standards. While conducting the field review of the improvements, TAI will open each storm/sanitary/water valve structure to verify: the required frame/grate or lid was installed; the structure is clean and properly mortared; concrete rings are in acceptable condition; the elevation of the structure is correct; and that the system is functioning properly. Each B-Box for the water system will be checked to make sure it can be located, installed at the proper depth and is keyable. The operating of the water valves and hydrants will be completed in the presence of the City of Elgin's Water Department unless permission is granted to TAI to operate the valves. Valves and hydrants will be evaluated based upon the required materials being installed and the operating condition of the appurtenances (auxiliary valve keyable, height of hydrant/valve, condition of hydrant, does the hydrant barrel section drain, etc.). The roadways (including curb/sidewalks/driveway aprons) will be reviewed to observe deficiencies such as settlement, 40W201 Wasco Road Suite I) • St. Charles, Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 Waterford Subdivision,Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14, 2010 Page 2 pavement failures, structural cracking or spalling of concrete, etc. The street lights will be reviewed at night to verify they are all operating and were installed per the engineering plans/specifications. The site grading will be reviewed in order to identify issues of ponding stormwater, missing or un-maintained erosion control measures and erosion of the soil. Once the on site evaluation has been completed, TAI will compile a detailed master list of deficiencies, including those identified after reviewing the record drawings by unit. While conducting the field review of the improvements, TAI will document the deficiencies observed in a field book. The notes in the field book will then be used to compile a complete list of deficiencies per unit. These lists then can be utilized to prepare a cost estimate for correcting the deficiencies and completing the improvements. Project Schedule We expect to start our services immediately after receipt of your acceptance of this proposal and anticipate that all work could be completed within 25 days. It is assumed the surety company will have the storm and sanitary sewer system cleaned and televised prior to starting the field reviews. This will allow for a timely completion of an accurate punch list of deficient or uncompleted items of work. Coordination with the City staff to schedule the field review of the water system will be required, unless TAI is granted permission to operate the valves and hydrants. Scope of Work Our services will consist of customary civil engineering services and related engineering services incidental to conducting field review of Waterford Subdivision Neighborhoods 1, 2 and 3 and preparing detailed punch lists of incomplete and deficient items of work based upon the approved engineering plans and specifications. 1. Field Review and Punch List Preparation 1.1 Meet with the City staff and the surety company to gain concurrence - on project scope and deliverables. 1.2 Perform on site review and evaluation of the improvements with the surety company. 1.3 Identify incomplete and deficient items of the improvements and document their locations. 1.4 Review field notes, videotapes, as-built drawings in order to prepare a detailed punch list report per neighborhood that outlines all deficiencies and incomplete items found during the field review and evaluations (as-builts,TV testing review,etc). 1.5 Provide three(3) copies of the report to the City and the surety company. 40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 Waterford Subdivision,Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14, 2010 Page 3 1.6 Prepare an Engineer's Opinion of Probable Costs based upon the deficiencies listed in the punchlist report for each neighborhood and provide three(3) copies to the City and surety company. Please furnish TAI with full information regarding the Project, including the approved engineering plans &specifications and any other related agreements between the City and developer that pertain to the improvements. Engineer's Responsibilities ENGINEER shall be subject to the terms and provisions of this agreement: Appoint one or more individuals who shall be authorized to act on behalf of ENGINEER with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ENGINEER as to all matters pertaining to this Agreement and the performance of the parties hereunder. Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. CLIENT's Responsibilities CLIENT is expected to furnish ENGINEER with full information regarding PROJECT, including all requirements, and any extraordinary considerations, budgetary constraints, or special services needed. CLIENT is also expected to make available all pertinent existing data. Provide ENGINEER with unobstructed visual and physical access to all areas requiring surveying and CLIENT agrees to remove any obstruction, which is not a permanent obstruction ` at the request of the crew chief for the survey party on site. Indemnification To the full extent permitted by applicable law, ENGINEER agrees to indemnify and hold harmless CLIENT and Arch Insurance Company from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorney's fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ENGINEER during the performance of the Services hereunder. 40W201 Wasco Road Suite D • St.Charles, Illinois 60175 • Phone 630/587-0470 Fax 630/587-0475 Waterford Subdivision, Unit 1,Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14, 2010 Page 4 Insurance Commencing with the performance of the Services, and continuing until either acceptance of the Services or termination of this Agreement, ENGINEER shall maintain standard insurance policies as follows and provide proof to the CLIENT: Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ENGINEER'S employees who are engaged in the. Services, with Employer's Liability not less than One Million Dollars ($1,000,000) each incident; Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence with Two Million Dollars ($2,000,000) general aggregate for bodily injury and property damage liability. This policy includes Contractual Liability coverage. Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ENGINEER against all sums which ENGINEER may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. Excess Liability Insurance with Iimits of $1,000,000 per claim and in the aggregate covering ENGINEER against all sums which ENGINEER may become legally obligated to pay above and beyond the limits of the primary policies on account of any liability arising out of the performance of this Agreement. The ENGINEER agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. Such certificates of insurance shall provide that the applicable insurance policies have been endorsed to provide a minimum of thirty(30) days advance notice to the CLIENT in the event of cancellation, material change, or non-renewal. ENGINEER will also name the CLIENT and - Arch Insurance Company as being additionally insured. Termination CLIENT may, with or without cause, terminate the Services at any time upon ten (10) days written notice to ENGINEER. The obligation to provide further Services under this Agreement may be terminated by either party upon ten (10) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In either case, ENGINEER will be paid for all expenses incurred and Services rendered to the date of termination in accordance with compensation terms of Exhibit A "Schedule of Hourly Rates for Employee Classifications - 2009". 40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14, 2010 Page 5 Clientship of Documents All drawings, specifications, final PROJECT specific calculations and other instruments of professional service which ENGINEER prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ENGINEER has been compensated in full, for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the constructed facilities. Any other use or reuse of original or altered files shall be at CLIENT'S sole risk without liability or legal exposure to ENGINEER and CLIENT agrees to release, defend and hold ENGINEER harmless from and against all claims or suits asserted against ENGINEER in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ENGINEER. Nothing contained in this paragraph shall be construed as limiting or depriving ENGINEER of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files,the sealed drawings will govern. ENGINEER shall be an independent contractor with respect to the Services to be performed hereunder. Neither ENGINEER nor its sub-consultants, nor the employees of either, shall be deemed to be the servants,employees,or agents of CLIENT. Miscellaneous This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered - into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. This Agreement shall be governed by the laws of the State of Illinois. In no case shall CLIENT'S approval of any subcontract relieve ENGINEER of any of its obligations under this Agreement. Notwithstanding the above, ENGINEER may have portions of the Services performed by its affiliated entities or their employees, in which event ENGINEER shall be responsible for such services and CLIENT shall look solely to ENGINEER as if ENGINEER performed the Services. 40W201 Wasco Road Suite D • St.Charles, Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14,2010 Page 6 In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for CLIENT's convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. Agreement gives no rights to anyone other than CITY/CLIENT and does not create any third party beneficiaries to the Agreement, except as stated herein. Compensation This proposal provides for two alternative designs. The concept plans and estimated costs for each alternative are attached for review. Compensation shall be based on the selected alternative and paid for on a time and material not to exceed the following breakdown. Waterford Unit No. 1 $2,655.80 Waterford Unit No. 2 $16,486.93 Waterford Unit No. 3 $19,264.71 Totals $38,407.44 In addition to the fees for professional services, costs for outside services and reimbursable expenses, such as blueprinting and other reproduction services, will be billed to you at cost plus ten (10) percent mark-up for handling. Sub-consultant fees will be billed to you plus a five (5) percent markup for handling. On January 1, 2011, and yearly thereafter, the fees and the hourly rates shall be escalated by an amount not to exceed five(5)percent. We will bill you every month for engineering services and reimbursable expenses and acknowledge that payments will be made by the Surety after you have approved our invoices for payment. The charges for both engineering services and reimbursable expenses included on each billing will be separated by neighborhood. Payment is to be made within thirty(30) days of receipt of our invoice. If you object to any invoice submitted by us, you shall so advise us in writing giving reasons therefore within thirty(30)days of receipt of such invoice. If no such objection is made, the invoice will be considered acceptable to you. We reserve the right to stop work on the Project if our invoices are overdue by more than thirty(30) days. We shall not be liable for damages arising out of any such stop of work,nor deemed to be in default of this Agreement as a result thereof. These financial arrangements are based on the orderly and continuous progress of the Project. 40W201 Wasco Road Suite D St.Charles, Illinois 60175 Phone 630/587-0470 • Fax 630/587-0475 Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation Proposal June 14, 2010 Page 7 Contents of Agreement This proposal and the attached General Provisions and Exhibit A "Schedule of Hourly Rates for Employee Classifications - 2010", attached hereto and incorporated herein, represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. If this proposal satisfactorily sets forth your understanding of the arrangement between us, please sign the enclosed copy of this letter in the space provided below and return it to us. This proposal will be open for acceptance for thirty (30) days from the date hereon unless changed by us in writing. Thank you for requesting Trotter and Associates, Inc. to provide professional services on this Project. Very truly yours, TROTTER AND ASSOCIATES, INC. C-D Colin F. Shulick Vice President ACCEPTED THIS G, "t' DAY OF =-• ,2010 CITY OF ELGIN BY: 000a R. Stegall TITLE: City Manager ATTESTED: BY: lliane Ito ertso TITLE: City Clerk ATTACHMENTS: EXHIBT A-SCHEDULE OF HOURLY RATES FOR EMPLOYEE CLASSIFICATIONS 2010 EXHIBIT BI —WATERFORD UNIT No. I —MANHOUR ESTIMATE EXHIBIT 132—WATERFORD UNIT No.2—MANHOUR ESTIMATE EXHIBIT B3—WATERFORD UNIT No.3—MANHOUR ESTIMATE 40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 Exhibit 81-Waterford Unit 1 Mart-hour Estimate Post Construction/Inspection Senior protect Senior Project Project Engineering Technician Technician Sub- project Manager Protect- -Engineer II. Engineer I intern • Level N- Level Ili Survey Crew Consultants Relmbursables Manager Engineer - • Si 162.07-$ 152.81 $ 136.61 $. 101.33 $ 84.50 $ 39.96 $ 108.57 $ 93.77 $ 159.86 Cost Plus 5% Cost Plus 15% Project Management _ • . 401 Administration 402 Budgets 403 Checklists 404 Clerical 3 408 Correspondence/Phone Call 409 We Management 410 File Management/Network 412 MeetingiAgency Staff) 413 Meeting(Client) 4 2 414 Meeting(Consultants) 415 Meeting(Minutes/Follow-Up) 416 Meeting(Qlher/Describe) 417 Meeting(Public) 418 Meeting(TAI Project Team) 419 Meeting(Scheduling/Preparation) 420 Quality Assurance/Control 421 Research 422 Scheduling 423 _‘Scope Determination 424 Status Report/Review 425 Sub-Consultants/Administration Engineering and Design 501 Computer Calculations 502 Cost Estimates 3 503 Data Analysis/Report Writing 3 504 Data Compilation 505 J Street Lighting Inspection 506 Grading and Erosion Control Inspection 507 Inspection General Services 509 Pavement(Roads.Paths and Sidewalks)Inspection 510 Sanitary Sewer Inspection and Video Tape Review 513 Watermain Inspection 514 Storm Sewer Inspection and Video Tape Review 515 Landscaping Inspection and Review 516 Environmental Engineering 517 _Financing/Grants a Loans 531 Record Drawing Reivew 2 532 _Quantity Takeoffs 533 Right-ol-Way Easements 534 Site Analysis 535 Site Visit/Puchlist Inspection 3 3 536 Soils Analysis 537 _Specifications 539 Utility Coordination 540 Wetland Design 0 0 Total 0 0 13 0 0 3 7 0 0 0 0 $ $ - $ 1.775.93- $ - S - S 119.88 $ 759.99 $ - S $ $ • $ 2,655.80 Exhibit 82-Waterford Unit 2 Man-hour Estimate Post Construction/Inspection Senior Project Senior Project - Project Engineering Technician Technician Survey Sub- project Reimbursables Manager Project Engineer II Engineer I Intern Level IV Level ill Crew Consultants Manager Engineer , $ 162.07,.$ 152.81 $ 136.61,$ 101.33 $- 84.50 $ 39.96 $ 108.57 $ 93.77 $ 159.86, Cost Plus 5% Cost Pius 15 Project Management -. 401 Administration 402 Budgets - 403 Checklists 404 Clerical 10 408 Correspondence/Phone Call - _ . 409 File Management - 410 Fib Management/Network - 412 Meeting(Agency Staff) 413 Meeting(Client) 6 4 414 Meeting(Consultants) 415 Meeting{_Minutes/Follow-Up) . 416 Meeting(Other/Describe) _ 417 Meeting(Publics - - 416 Meeting(TAI Project Team" _ 419 Meeting(Scheduling/Preparation) 420 Quality Assurance/Control 421 Research _ 422 Scheduling , 423 Scope Determination 424 Status Report/Review 425 Sub-Consultants/Administration Engineering and Design 501 Computer Calculations 502 Cost Estimates 4 503 Data Analysis/Report Writing _ 24 5 504 Data Compilation 505 Street Lighting Inspection 2 506 Grading and Erosion Control inspection 3.5 3.5 _ 507 Inspection General Services - _ 509 Pavement(Roads,Paths and Sidewalks)Inspection 7 _ 7 , 510 Sanitary Sewer Inspection and Video Tape Review 6 14 513 Watermain Inspection 10 10 514 Storm Sewer Inspection and Video Tape Review 5 13 _ 515 Landscaping Infection and Review 1 1 - 516 Environmental Engineering _ . 517 Financing/Grants 8 Loans _ _ 531 Record Drawing Review 5 _ 532 Quantity Takeoffs , 533 Right-of-Way Easements _ - _ 534 Site Analysis _ . 535 Site Visit/Puchlist inspection _ 536 Soils Analysis _ 537 Specifications . 539 Utaity Coordination 540 Wetland Design 0 0 Total 0 0 66.5 0 0 10 54.5 0 0 0 0 $ • $ - $ 9.084.57 $ - ,$ • $ 399.60,5 7.002.77 $ $ - $ - $ - S 16,486.93 _� • i• Exhibit B3-Waterford Unit 3 Man-how Estimate Post Construction/Inspection Senr Senior o Project Project: Project Engineering `Technician' Technician Survey Sub- - Project • Project ' Reimbursable: Manager Engineerl! Engineer • .Intern Level IV -.Leve101 Crew Consultants'. : _ • 162.07 152.81 $ ••136.61 101.33 •-84.50 --• 39.96. _• 108.57 .93.77 •. 159.86 .Cost Plus 5% Cost Plus 15% Pro act Mona,ement 401 Administration 402 Bud•els 403 Checklists 404 Clerical 15 408 Corres.ondence/Phone Call 409 File Mana•ement 11 410 File Mana•ement/Network 412 Meetin• ••enc Sla 413 Meetin• Client 6 3 414 Meetin• Consultants 415 Meetin• Minutes/Follow-U. 416 Meetin• Other/Describe 417 Meetin• Public 418 Meetin• TAI Pr•'ect Team 419 Meetin• Schedulin•/Pre•aration 420 Quail Assurance/Control 421 Research 422 Scheduti • 423 Sco.e Determination 424 Status Re•ort/Review 425 Sub-Consultants/Administration En,neer! •and Des'.n 501 Coin•uter Calculations 502 Cost Estimates 4 503 Data Anal sislRe••rt Writin• 23 5 504 Data Com.iladon 505 Street Li,htin•ins•ection 3 506 Cradle,and Erosion Control Ins•, Von 4 4 507 ins.action General Services 509 Pavement Roads Paths and Sidewalks Ins'action 12 12 510 Sant Sewer Ins•ection and Video Ta.e Review 10 12 513 Watermaln Ins• Ction 12 12 514 Storm Sewer In •ection and Video Ta•e Review 7 11 515 Landsea.in•In-••often and Review 3 3 516 Environmental •ineerin. 517 Financin•/Grants&Loans 531 Record Drawin•Review 5 532 Quantit Takeoffs 533 R'•hiof-Wa Easements 534 Site Anal sis 535 Site Visit/Puchtist ins•ection 536 Soils Analysis 537 S•ecifications 539 Utilit Coordination 540 Wetland Desi•n 0 0 Total 0 0 81 0 0 15 70 0 0 0 0 .111111111111.11.11.. $ _.i $ - $11 065.41 5_____ S $ 599.40 $ 7.599.90 S. - $ - $ $ - 1131111111/0=11i •