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HomeMy WebLinkAbout18-136 Resolution No. 18-136 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT ITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH TH REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGI EERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SU:MITTALS BE IT RESOLVED BY THE CITY COUNCIL OF T E CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) t e City Council hereby finds that an exception to the requirements of the procurement ordinance is ecessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY CO CIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimber y A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on .ehalf of the City of Elgin with HR Green, Inc., for professional services in connection with the r:view of Kane County Storm Water Applications and/or civil engineering site/subdivision plans an./or structural submittals, a copy of which is attached hereto and made a part hereof by reference. s/ Davis J. Ka stain David . Kaptain, Mayor Presented: December 19, 2018 Adopted: December 19, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 19th day of December , 2018, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HR Green, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the teiuis and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the CITY in the engineering matters involved in the PROJECT as set forth herein subject to the following terms conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Administrator of the CITY, herein after referred to as the "ADMINISTRATOR". B. The ENGINEER shall provide all necessary services to ensure development plans are completed and implemented in accordance with the Kane County Stormwater Ordinance as adopted by the City of Elgin pursuant to Title 21 of the Elgin Municipal Code, as amended from time to time. C. The ENGINEER shall provide all necessary services to ensure development plans are completed and implemented in accordance with all applicable requirements of law including, but not limited to, the City of Elgin Municipal Code (available on-line at http://www.sterlingcodifiers.com/codebook/index.php?book_id=524) and the City of Elgin Engineering and Construction Standards and Specifications (available on line at http://www.cityofelgin.org/documentview.asp?DID=469), and as amended from time to time. D. A detailed Scope of Services attached hereto as "Exhibit A". E. It is agreed and understood that the work to be performed by the ENGINEER shall be on an assignment basis as determined by the ADMINISTRATOR of the CITY. It is further agreed and understood that this Agreement is not exclusive and that the CITY will be making assignments for similar services to other engineers. No work shall be performed Page 1 of 9 by the ENGINEER and no compensation shall be .ue to the ENGINEER unless the ENGINEER receives a written assignment for work f .m the ADMINISTRATOR of the CITY. II. PROGRESS REPORTS A. The ENGINEER shall provide written comments or an approval letter within fifteen (15) working days of receiving a complete Kane Co ty Stormwater Application or a complete civil engineering site/subdivision plans or .tructural submittals as defined by Title 21 of the Elgin Municipal Code, as amended. . notice of an incomplete submittal shall be sent to the CITY within five (5)working days. B. For CONSTRUCTION INSPECTION, The 0 GINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed to the developers Schedule included in the submittal and as defined by the ordinances, stann ards and specifications referred to in Section I.C. hereof IH.WORK PRODUCTS All work product prepared by the ENGINEER pursuant ereto including, but not limited to, reports, plans, designs, calculations, work drawings, .tudies, photographs, models and recommendations shall be the property of the CITY and s all be delivered to the CITY upon request of the ADMINISTRATOR;provided,however,th. the ENGINEER may retain copies of such work product for its records. ENGINEER'S :xecution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENG I i ER to the CITY of all such work product prepared by the ENGINEER pursuant to this A:i cement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended o I represented to be suitable for reuse by the CITY on any extension to the PROJECT or on an other project, and such reuse shall be at the sole risk of the CITY without liability or legal ex i osure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be rei bursed based on the actual units of work provided and the attached Schedule of Fees attac ed hereto as "Exhibit B". B. For outside services provided by other firms or sub onsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus • % (Initial ). C. The CITY shall make periodic payments to the EN G INEER based upon actual progress within 30 days after receipt and approval of submitte. invoices. Said periodic payments to the ENGINEER for each task shall not be made unti the task is completed and accepted by the ADMINISTRATOR. Page 2 of 9 V.INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY which shall include the project name, address, the City of Elgin Stormwater Escrow Account Number or project number as directed. Progress reports(II.B. a s ove),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing ac t al time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATOI' to inspect and audit all data and records of the ENGINEER for work done under this greement. The ENGINEER shall make these records available at reasonable times duri g the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CIT may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER sl all be paid for services actually performed and reimbursable expenses actually incurr:d prior to termination, except that reimbursement shall not exceed the task amounts set firth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date I e ENGINEER is given a notice to proceed and, unless terminated for cause or pursu. t to Article V, shall be deemed concluded on the date the CITY determines that all o i the ENGINEERS work under this agreement is completed but no later than Decemb:r 31, 2023. A determination of completion shall not constitute a waiver of any rights ot claims that the CITY may have or thereafter acquire with respect to any term or provisio of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for addition.1 compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of their claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER'. fee shall be valid only to the extent that such changes are included in writing signed b the CITY and the ENGINEER. Regardless of the decision of the ADMINISTRATOR elative to a claim submitted by the ENGINEER, all work required under this Ag Bement as determined by the ADMINISTRATOR shall proceed without interruptio . IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agree ent, such violation or breach shall be deemed to constitute a default, and the other party has t e right to seek such administrative, contractual or legal remedies as may be suitable to the vio ation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreemen ,the other party may terminate this Page 3 of 9 Agreement. Notwithstanding the foregoing,or anything el.e to the contrary in this Agreement, with the sole exception of an action to recover the movie- the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shal be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER here s y further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may oth-rwise be entitled pursuant to law, including, but not limited to, the Local Government Pro dot Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENG I EER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall surviv- any expiration, completion and/or termination of this Agreement. X.INDEMNIFICATION To the fullest extent permitted by law, ENGINEER ay ees to and shall indemnify, defend and hold harmless the CITY,its officers, employees,agents,boards and commissions from and against any and all claims, suits,judgments, cost-, attorney's fees, damages or other relief, including but not limited to workers' compen•ation claims, in any way resulting from or arising out of negligent actions or omission- of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or co issions, covered by the foregoing duty to indemnify,defend and hold harmless such actio shall be defended by legal counsel of the CITY's choosing. The provisions of this para_ aph shall survive any completion, expiration and/or termination of this agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of thi. Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER sha provide, pay for and maintain in effect, during the term of this Agreement, a policy o f comprehensive general liability insurance written in occurrence form with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the ADMINISTTOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL SURED. The policy shall not be modified or terminated without thirty (30) da s prior written notice to the ADMINISTRATOR. The Certificate of Insurance which shall include Con o actual obligation assumed by the ENGINEER under Article X entitled"Indemnification' shall be provided. Page 4 of 9 This insurance shall apply as primary insurance with re..pect to any other insurance or self- insurance programs afforded to the CITY. There shall 9e no endorsement or modification of this insurance to make it excess over other avail. ale insurance, alternatively, if the insurance states that it is excess or prorate, it shall be el dorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Co i.rehensive Automobile Liability Insurance written in occurrence form covering all o ed, non-owned and hired motor vehicles with limits of not less than $500,000 per occu ence for damage to property. C. Combined Single Limit Policy. The requireme is for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall c. Engineer's Professional Liability Insurance covering claims resulting from error, o 'ssions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the ADMINIST• TOR as evidence of insurance protection. The policy shall not be modified or term' iated without thirty (30) days prior written notice to the ADMINISTRATOR. XIII. CONSTRUCTION MEANS, METHODS, I ECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequenc-s or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting om this Agreement, there shall be no discrimination against any employee or applicant fair employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide o cupational qualification, and this requirement shall apply to, but not be limited to, the allowing: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discriminat on in receipt of the benefit of any services or activities made possible by or resulting fro this Agreement on the grounds of sex,race, color, creed,national origin, age except mini urn age and retirement provisions, marital status or the presence of any sensory, mental o physical handicap. Any violation of this provision shall be considered a violation of a aterial provision of this Agreement and shall be grounds for cancellation,termination or s spension, in whole or in part, of the Agreement by the CITY. XV.ASSIGNMENT AND SUCCESSORS Page 5 of 9 This Agreement and each and every portion thereof s all be binding upon the successors and the assigns of the parties hereto; provided, howeve , that no assignment shall be made without the prior written consent of the CITY. XVI.DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGIN ER shall remain liable to the CITY with respect to each and every item,condition and othe provision hereof to the same extent that the ENGINEER would have been obligated if i had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to c eate a partnership, joint venture, employment or other agency relationship between the I arties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sus-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, s s all be held to be void or otherwise unenforceable, all other portions of this Agreement sh.11 remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agree ent are inserted only as a matter of convenience and for reference and in no way are they ntended to define, limit or describe the scope of intent of any provision of this Agreement, or shall they be construed to affect in any manner the terms and provisions hereof or the i i erpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the en ire Agreement of the parties on the subject matter hereof and may not be changed,modifies,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unl ss expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI.APPLICABLE LAW This Agreement shall be deemed to have been m.de in, and shall be construed in accordance with the laws of the State of Illinois. Ven e for the resolution of any disputes or the enforcement of any rights pursuant to this agree! ent shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES Page 6 of 9 The ENGINEER may not issue any news releases without prior approval from the ADMINISTRATOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the ADMINISTRATOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. The illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department an. commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request per 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the ADMINISTRATOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The ADMINISTRATOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, to the addresses listed in Section XXIX. Page 7 of 9 XXVIII. SUBSTANCE ABUSE PROGRAM As a condition of this agreement, ENGINEER shall ha e in place a written substance abuse prevention program which meets or exceeds the pro tram requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the ADMINISTRATOR prior to the entry into and execution of this agreement. XXIX. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agr:ement it is expressly agreed and understood that in connection with the performance of his Agreement that the ENGINEER shall comply with all applicable Federal, State, Ci y and other requirements of law, including, but not limited to, any applicable requir:ments regarding prevailing wages, minimum wage, workplace safety and legal status oi employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal resident. of the United States. ENGINEER shall also at its expense secure all peimits and licens:s, pay all charges and fees and give all notices necessary and incident to the due and lawfu prosecution of the work, and/or the products and/or services to be provided for in this ALreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of th s section. In the event the CITY proceeds with such an audit the ENGINEER shal make available to the CITY the ENGINEER'S relevant records at no cost to the CIT . ENGINEER shall pay any and all costs associated with any such audit. As to CITY: As to ENG EER Ronald L. Rudd,P.E. Ajay Jain, .E. City Engineer/Administrator Vice Presid:nt,Practice Leader City of Elgin HR Green 150 Dexter Court 420 N. Fron Street, Suite 100 Elgin, Illinois 60120-5527 McHenry, Illinois 60050-5528 (847) 931-6081 (815) 759-8 ;31 rudd r(a,cityofelgin.org wain hr. e-n.com Page 8 of 9 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By Y6a,%kitAA,Ab By /6,4144//a/ /1-5 _, Kim Dewis Rick Kozal City Clerk Ci Manager ''�C /1& (SEAL) / / /,/ / fisc s k F- ( t tj • a t(10r For the ENGINEER: Dated this I q day of Q c Tp l Er ,A.D., 2018. ATTEST: By U i, By y Jain, P.E. Notary Public / ice dare. dent, Practice Leader OFFICIAL SEAL NOV ( CM WEYDE STATE OF ILLINOIS MY COMMISSION EXPIRES:02/19/20 Page 9 of 9 Exhibit "A" SCOPE OF SERVICES A. All work hereunder shall be performed under the •irection of the City of Elgin's Administrator as defined by the Kane County Stormwa er Ordinance effective January 1, 2002, as adopted by the City of Elgin on December 19, 0 001 and as amended from time to time by the CITY. Work may also be performed under N e direction of the City Engineer as defined by the City of Elgin Municipal Code. B. The work under this project shall include but is not limite• to the following services: I. REVIEW, COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submitt.1, civil site plan submittal, civil subdivision submittal or structural submittal (i.e., lift stati•ns, bridges, offsite improvements, force mains, water main extensions, etc.), ENGINEER shall notify the CITY of his/her approximate cost, inspect the property under develop ent consideration and log project in/out. 2. ENGINEER shall attend meetings with City staff and the :pplicant seeking a permit from the CITY. The ENGINEER shall prepare minutes for said eetings and will represent the City in any disputes with other agencies or the applicant. 3. Within fifteen (15) working days of receiving the deve oper's submittal, the ENGINEER shall submit to the ADMINISTRATOR a letter approv' g the application or detailing the items that need to be addressed in order to obtain a 1:tter of approval. A notice of an incomplete submittal shall be sent to the CITY within five(5) working days. 4. The ENGINEER shall review, assist and advise the CI Y in storm water and engineering matters including, but not limited to, soil erosion and •edimentation control, storm water runoff, soil analysis, natural resources, tree surveys, tile .urveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, .treet construction, horizontal and vertical street control, water main, sanitary sewer and sto • sewer layout and design and all generally accepted engineering improvements. 5. The ENGINEER shall provide general review of the 'reliminary and Final Plans, Plats, Storm water Submittals and supporting documents (comp I tations, design parameters,reports, opinion's of probable cost, etc.) hereinafter referred to a. PLAN, submitted by private land development entities and shall issue reports and detailed opinions on the compliance of these documents with the content requirements CITY'S Storm water Control Ordinances, City of Elgin Municipal Code and Engineering & Construction Standards and sound engineering and land surveying practices, to assist the City in their review :nd PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route storm water runoff through proposed subdivisions and la d developments and to consult and render advice on the design of storm water conveyance .,nd storage facilities, including the issuance of narrative reports and design guidelines to assi..t the CITY in their review and plat approval process. City of Elgin Engineering Agreement 7. The ENGINEER shall represent the CITY relative to .roperty conveyance, homeowners associations, conditions and restrictions, operation manu.I s, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall insure all notifications as requires by the Kane County Stormwater Ordinance are properly prepared, executed and mailed to e appropriate parties. 9. The ENGINEER shall not be responsible for omissions and errors of the applicant's engineer, nor shall the ENGINEER be responsible for th- means, methods or techniques of the project. II. CONSTRUCTION INSPECTION AND DOCUMENT TION 1. ENGINEER shall provide a project representative, assis'ants, and other field staff to assist the CITY in observing the progress of and performance s y developers and their contractors, agents, etc. at specific project sites as more fully describe. below: a. Make periodic visits to the site to observe as an e. perienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance ith the approved and permitted plans. ENGINEER shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of wor. ; he shall not be responsible for the means, methods, techniques, sequences or pro edures of construction selected by developers or their contractor(s) or agents or the safety precautions and programs incident to their work. ENGINEER shall specifically not have the authority or responsibility to issue construction stop orders nor shall ENGINEER have responsibility charge of the construction sit- or contractor operations. His efforts will be directed toward informing the CITY of compliance or non- compliance of the project with the approved plat documents, and he shall not be responsible for the failure of developers or their c untractor(s) or agents to perform the construction work in accordance with the .pproved and permitted plans. During such visits and on the basis of his on-site observations, he shall keep the CITY informed of the progress of the work, shall endeavor to guard the CITY against defects and deficiencies in the work of dev-lopers or their contractor(s) and may recommend that the CITY reject the wor. as failing to conform to the approved and permitted plans. b. The ENGINEER shall attend meetings with .evelopers and their respective contractor(s) such as preconstruction confere ces, progress meetings, job conferences and other project related meetings, an. prepare and circulate copies of meeting minutes thereof. c. The ENGINEER shall serve as liaison between CI Y and developers in conveying information and project status reports and in obta'ning from developers additional details or information required to evaluate the proj:ct. d. Within three (3) working days, report to th• CITY the discovery of an unsatisfactory, faulty or defective work which the ENGINEER believes would not conform to the approved and permitted plans or ork that has been damaged or does not meet the requirements of any inspection, test or approval required to be City of Elgin Engineering Agreement made, and advise the CITY of any work that NGINEER believes should be corrected or rejected or should be uncovered fo observation or requires special testing inspection or approval. e. The ENGINEER shall consider and assist the CI Y in evaluating suggestions or requests made by developers and developers onsultants for modifications in approved and permitted plans and transmit to dev-loper decisions as issued by the CITY. f. The ENGINEER shall furnish periodic reports on the progress of the work and of developers compliance with the approved and permitted plans and progress schedules, consult with the CITY and advise whei major tests are scheduled, and assist the CITY in conducting final inspection. at completion of the project improvements. g. Based on the on-site observations and evaluation of the progress of the work as an experienced and qualified design professional, re iew applications for partial and complete release of financial surety posteby developers and make recommendations to the CITY. Such reco endations will constitute a representation to the CITY, based on such observ.tions and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is n accordance with the approved and permitted plans (subject to an evaluation of t e work as a functioning project) upon substantial completion, to the results of any .ubsequent tests called for in the approved and permitted plans, and to any q alification for payment. The ENGINEER will not be deemed to have repr-sented that he has made any examination to determine how or for what p .oses any developer or their contractor(s) or agents have utilized moneys paid on account, or that title to any of the contractor(s) work, materials or equipment h:s passed to the CITY free and clear of any lien, claims, security interests or encu brances. h. In conducting periodic job site observations an' providing construction review services, the ENGINEER shall be bound by cert.in limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviations om the approved and permitted plans or substitution of materials or equipment ithout the approval of the CITY following receipt and review of a properly documented request by developer accompanied by a concurrence and/or amei ded plan document from the developer's professional engineering consultant ii. ENGINEER shall not undertake any of the res s onsibilities of developer and/or developer's contractors or agents. iii.ENGINEER shall not advise on, issue directio s relative to, or assume control over any aspect of the means, methods, technioues, sequences or procedures of construction by contractors engaged by developer. ENGINEER shall instead notify the CITY, within three (3) working d.ys, and relay instructions from CITY to developer. ENGINEER shall instead I otify the CITY, within three (3) working days, and relay instructions from CIT to developer. City of Elgin Engineering Agreement iv.ENGINEER shall not advise on, issue directiol s regarding, or assume control over safety precautions, traffic controls or saf:ty programs in connection with the work. 2. Following substantial completion of public infrastructure improvements and at the request of the CITY, review record drawings submitted on behalf oi developers, issue an opinion as to content and completeness, and evaluate the Record dra ings to determine whether or not they demonstrate the project was constructed in substanti.1 accordance with the approved and permitted plans and design intent and/or prepare a list o I observed or apparent deficiencies. On behalf of the CITY, relay such comments and lists o deficiencies to developer, conduct follow-up inspections with the CITY representatives to c eck remedial measures undertaken by developer, and issue a final project status report a d recommendation for release of financial surety. F:\Public_Works\Engineering\Consultant Agreements Last Drawer Up Front\2019 Engine ring Agreements Expire 2023\Exhibit A- Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement Exhibit B 14R J HR GREEN, INC. Billing Rate Schedule HRGreen Effective January 1, 2018 Professional Services Billing Rate Range Principal $195- $280 Senior Professional $170- $250 Professional $110- $195 Junior Professional $85- $140 Senior Technician $115- $140 Technician $80- $125 Senior Field Personnel $100- $170 Field Personnel $90- $165 Junior Field Personnel $50- $95 Administrative Coordinator $65-$105 Administrative $60- $110 Corporate Admin $80- $140 Operators/Interns $50- $100 Reimbursable Expenses 1. Auto mileage will be charged per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be charged on the basis of$0.85 per mile or$65.00 per day. r � A`� DATE(MM/DD/YYY1) ACCORD CERTIFICATE OF LIABILITY INSURANCE 10/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 CONTACT Michelle Gruis NAME: Holmes Murphy & Assoc - CR PHONE (NC.No.Ext): 319-896-7715 FAX No): 866-231-7822 E-MAIL m ruin@holmesmu h 201 First Street SE, Suite 700 ADDRESS: 4 rP Y•com INSURER(S)AFFORDING COVERAGE NAIC# Cedar Rapids, IA 52401 INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: Travelers Property Casualty Company of 25674 HR Green, Inc. INSURERC: XL SPECIALTY INS CO 37885 420 N. Front Street INSURER D: Ste. 100 INSURER E: McHenry, IL 60050 INSURERF: COVERAGES CERTIFICATE NUMBER:54388914 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY GL0373096708 01/01/18 01/01/19 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP373096808 01/01/18 01/01/19 COMaaccideBINEDnt)SINGLE LIMIT $ 2,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY HIRED AUTOS XUT ( rcct $ B X UMBRELLA LIAB X OCCUR ZUP14N8656618 01/01/18 01/01/19 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC373096608 01/01/18 01/01/19 X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability DPR9920152 01/01/18 01/01/19 Per Claim 5,000,000 (Claims Made Coverage) Aggregate 6,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Elgin is included as an Additional Insured on the General Liability as required by written contract with the insured, per policy terms and conditions. 30 days notice of cancellation with 10 day exception for non-payment of premium will be provided per policy endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 150 Dexter Court AUTHORIZED REPRESENTATIVE Elgin, IL 60120 / USA �rfi/t �r.�l <v ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD kbrewercr CA70001A