HomeMy WebLinkAbout19-128 Resolution No. 19-128
RESOLUTION
AUTHORIZING EXECUTION OF TYLER CREEK WATERSHED STREAMBANK
STABILIZATION PROGRAM GRANT AGREEMENT WITH CT ELGIN, LLC
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Tyler Creek Watershed Streambank Stabilization Program
Grant Agreement on behalf of the City of Elgin with CT Elgin, LLC, for funding assistance in
connection with the city's Tyler Creek Watershed Streambank Stabilization Program, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 11, 2019
Adopted: September 11, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
TYLER CREEK WATERSHED
STREAMBANK STABILIZATION PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of
September ,2019,by and between the City of Elgin,an Illinois municipal corporation,
(hereinafter referred to as the "City") and CT Elgin, LLC, a Delaware limited liability company
(hereinafter referred to as the"Applicant").
WITNESSETH
WHEREAS, the Applicant is the owner of the property commonly known as Wing Park
Apartments, 6 Tivoli Place,Elgin,Illinois(hereinafter referred to as the"Subject Property"); and,
WHEREAS, the Applicant has made an application to the City for funding assistance
pursuant to the City's Tyler Creek Watershed Streambank Stabilization Program (hereinafter
referred to as the"Program"),to be used for streambank stabilization improvements at the Subject
Property; and,
WHEREAS,the City has established a fund to be utilized for watershed protection efforts
within the Tyler Creek Watershed(hereinafter the"Tyler Creek Fund"); and,
WHEREAS, the City has determined the streambank stabilization improvements at the
Subject Property would further watershed protection within the Tyler Creek Watershed and are an
appropriate use of the Tyler Creek Fund; and,
WHEREAS, the City has agreed to provide funding assistance to the Applicant for the
work described herein on the Subject Property, pursuant to the terms and conditions of this
Agreement; and,
WHEREAS,the City of Elgin is a home rule unit of local government which may exercise
any power and perform any function pertaining to its government and affairs; and,
WHEREAS,providing financial assistance to facilitate the installation of improvements as
described herein will promote the public welfare of the community and pertains to the government
and affairs of the City.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are incorporated into this Agreement in their entirety.
2. The Applicant represents and warrants that it complies with the applicant eligibility
guidelines for the Program, including the following:
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a. The Applicant owns the Subject Property and is at least eighteen(18)years of age,
or has been designated and authorized by the owner of the Subject Property to
commit the changes proposed on the Subject Property.
b. The Subject Property is located with the corporate limits of the City of Elgin.
c. To Applicant's knowledge, the Subject Property is located within the Tyler Creek
Watershed.
d. To Applicant's knowledge, the streambank stabilization project on the Subject
Property has been identified in the Tyler Creek Management Plan and has the
support of the Tyler Creek Watershed Coalition.
3. The Applicant shall complete all work proposed under this Agreement in conformance with
all applicable codes, ordinances, and laws and in conformance with the Tyler Creek
Watershed Streambank Stabilization Program guidelines. Notwithstanding anything to the
contrary in this Agreement, it is expressly agreed and understood by the Applicant that in
the performance of this Agreement the Applicant shall comply with all applicable federal,
state,city and other requirements of law. The Applicant shall also at his/her expense secure
all permits and licenses,pay all charges and fees and give all notices necessary and incident
to the due and lawful prosecution of the work as described in this Agreement.
4. The Applicant warrants and represents that it has obtained at least two(2)written estimates
from responsible contractors for the proposed work, and has provided copies of the same
to the City. In the event that the proposed work will require more than one(1)contractor,
the Applicant warrants and represents that it has obtained at least two(2)written estimates
from contractors for each discrete and separate aspect of the proposed work, and has
provided copies of the same to the City. The Applicant shall select the lowest written
estimate submitted by a responsible contractor for the total Work or for each discrete and
separate aspect of the proposed Work, subject to approval by the City. The lowest cost
estimate(s) and scope(s) of work submitted by responsible contractors for the work to be
performed under this Agreement and approved by the City is(are) attached hereto as
Attachment A and made a part hereof by this reference (hereinafter referred to as the
"Work"). No change shall be made to the cost estimate(s) and/or the scope(s) of work
unless approved in writing by the City.
5. The Applicant shall obtain all necessary permits prior to beginning any Work. The
Applicant shall begin the work within thirty (30) days of the date of execution of this
Agreement. The Applicant shall complete all of the Work within a period of two hundred
forty (240) days after the date of execution of this Agreement. The Work shall be
performed in compliance with all applicable City codes and ordinances. The Applicant
shall arrange to have the Work inspected at such times as may be required by the City and
after the completion of the Work. No funds shall be disbursed prior to an inspection and
final approval of the Work by the City, or, in the case of multiple contractors, prior to an
inspection and final approval of any discrete and separate aspect of the Work, such
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inspection and approval constituting a condition precedent to the disbursement of any funds
under this Agreement.
6. Following completion, inspection and approval of the Work by the City or, in the case of
multiple contractors, following completion, inspection and approval of any discrete and
separate aspect of the Work, the Applicant shall provide payment for the approved Work
to the contractor(s). Applicant shall then present the City with a paid invoice, receipt, or
other payment documentation from the contractor(s)demonstrating that the contractor has
received full and complete payment for the Work.
7. Within thirty (30) days of the receipt of payment documentation from the Applicant
described in Paragraph 6, above, the City shall disburse funds to the Applicant in the
amount of fifty percent (50%) of the actual cost of the Work, but in no event shall such
amount exceed fifty percent (50%) the total cost of the Work provided for in Attachment
A or, in the case of multiple contractors,the cost of any discrete and separate aspect of the
Work provided for in Attachment A(the total amount of funds to be disbursed by the City
on behalf of the Applicant pursuant to this Agreement is hereinafter referred to as the
Program Funds). The Program Funds shall constitute a grant to the Applicant, for which
no repayment shall be required unless otherwise provided for in this Agreement. The total
amount of the Program Funds paid to the Applicant under this Agreement shall not exceed
Twenty-Three Thousand Five Hundred Dollars ($23,500.00). In no event shall any
payment be made by the City prior to the final completion, inspection and approval of the
Work by the City or, in the case of multiple contractors, prior to completion, inspection
and approval of any discrete and separate aspect of the Work, nor shall any payment be
made by the City prior to its receipt of documentation demonstrating that the contractor or
contractors have been paid in full for the Work. Any payments under this Agreement shall
be conditioned upon the Subject Property being brought into compliance with all applicable
codes and ordinances, and all other conditions and requirements of this Agreement having
been satisfied.
8. The Applicant further warrants and agrees that it will keep and maintain the streambank
stabilization improvements that are the subject of the Work for a minimum of fifteen(15)
years from the date on which the Program Funds are disbursed. Any failure of the
Applicant to adequately maintain the streambank stabilization improvements, in the sole
discretion of the City, shall constitute a breach of this Agreement.
9. In the event the Applicant breaches or otherwise fails to perform any of the terms or
provisions of this Agreement, the available remedies to the City shall include, but not be
limited to,the immediate termination of this Agreement and the forfeiture by the Applicant
of any Program Funds. In the event of such termination and forfeiture,the Applicant shall
repay to City any Program Funds paid by the City to the Applicant, or to a contractor on
the Applicant's behalf, upon thirty (30) days written demand. In addition, the forfeiture
and/or repayment of such funds by the Applicant shall not be construed so as to constitute
a waiver or relinquishment of any other rights which may be available to City at law or
equity. This provision shall survive any termination of this Agreement, and shall not be
construed as a limitation on any other of the City's rights under law or equity.
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10.Notwithstanding any other provision of this Agreement it is expressly agreed and
understood that in connection with the performance of this Agreement that the Applicant
shall comply with all applicable Federal, State, City and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, Applicant hereby certifies, represents and warrants to the City that, to
Applicant's knowledge, all Applicant's contractors and/or agents who will be providing
products and/or services with respect to this Agreement shall be legal residents of the
United States. Applicant shall also at its expense secure all permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
Agreement. The City shall have the right to audit any records in the possession or control
of the Applicant to determine Applicant's compliance with the provisions of this section.
In the event the City proceeds with such an audit the Applicant shall make available to the
City the Applicant's relevant records at no cost to the City.
11. The Applicant and any other entity which has obligations under this Agreement waive the
rights of Presentment and Notice of Dishonor ("Presentment" means the right to require
the City to demand payment of amounts due. "Notice of Dishonor" means the right to
require the City to give notice to other persons that amounts due have not been paid.)
12. The failure by the City to enforce any provisions of this Agreement against the Applicant
shall not be deemed a waiver of the right to do so thereafter.
13. In the event funding for the Program from any federal, state or other source is withdrawn,
reduced,or limited in any way after the effective date of this Agreement and prior to normal
completion, the City may terminate this Agreement, reduce funding to the Applicant, or
renegotiate the Agreement subject to such new funding conditions,at the City's sole option
and discretion and without liability to the City, except for the payment of Program Funds
for Work that has already been approved and performed at the Subject Property pursuant
to this Agreement and prior to any such termination.
14. In the event the Applicant fails to commence the Work within thirty (30) days from the
date of execution of this Agreement, or fails to complete the Work within two hundred
forty(240)days from the date of execution of this Agreement,the City shall have the right,
in the City's sole option and discretion,to immediately terminate this Agreement without
liability to the City. In the event the City terminates the Agreement for the reasons set
forth herein, the Applicant shall refund to the City any Program Funds paid by the City to
the Applicant, or paid by the City to any contractor on behalf of the Applicant,upon thirty
(30) days written demand. The repayment of such funds by the Applicant shall not be
construed so as to constitute a waiver or relinquishment of any other rights which may be
available to City at law or equity. This provision shall survive any termination of this
Agreement,and shall not be construed as a limitation on any other of the City's rights under
law or equity.
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15. This Agreement is and shall be deemed and construed to be a joint and collective work
product of the City and the Applicant, and, as such, this Agreement shall not be construed
against the other party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or
conflict, if any, in the terms and provisions contained herein.
16. This Agreement shall be binding on the parties hereto and their respective successors and
permitted assigns. This Agreement and the obligations of the Applicant herein may not be
assigned without the express written consent of the City, which consent may be withheld
at the sole discretion of the City.
17. This Agreement shall not be deemed or construed to create an employment, partnership,
joint venture, or other agency relationship between the parties hereto.
18. The Applicant shall to the fullest extent permitted by the law,indemnify and hold harmless
the City, its officials, employees, agents and all other related organizations and persons
from all loss, cost, claims damages,expenses of whatever kind arising out of any liability,
or claim of liability for any injury or damage to persons or property or claimed to have
been sustained by anyone whomsoever by reason of the proposed improvements to be made
to the Subject Property. In the event of any action against the City,its officers,employees,
agents, boards or commissions covered by the foregoing duty to indemnify, defend and
hold harmless, such action shall be defended by legal counsel of the City's choosing. The
provisions of this paragraph shall survive any termination and/or expiration of this
Agreement.
19. Anything to the contrary in this Agreement notwithstanding,no action shall be commenced
by the Applicant, and in no event shall the City be liable for monetary damages to the
Applicant, for any reason, including, but not limited to, compensatory, consequential,
indirect or incidental damages of any kind, or attorneys' fees, with the sole exception of
the payment of Program Funds for Work that has already been approved and performed at
the Subject Property pursuant to this Agreement. Any action brought by the Applicant for
the payment of Program Funds arising out of or in connection with this Agreement must
be filed within one year of the date the alleged cause of action arose or such action will be
time-barred. The provisions of this paragraph shall survive any expiration, completion
and/or termination of this Agreement.
20. No official director, officer, agent or employee of the City shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
21. The terms of this Agreement shall be severable. In the event any of the terms or provisions
of this Agreement are deemed to be void or otherwise unenforceable for any reason, the
remainder of this Agreement shall remain in full force and effect.
22. Unless applicable law requires a different method, any notice or other communication
provided for herein or given hereunder shall be in writing and shall be given in person,by
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overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt
requested)to the respective parties as follows:
As to the City: As to the Applicant:
City of Elgin Matthew Leflcowitz
1900 Holmes Road Crown Properties Inc.
Elgin, IL 60123 15 Watts Street, 5th Floor
Attn: City Engineer New York,NY 10013
With a copy to:
City of Elgin Jeffery D. Hoffenberg
150 Dexter Court Levenfeld Pearlstein,LLC
Elgin, IL 60120-5555 2 N. LaSalle Street, Suite 1300
Attn: Corporation Counsel Chicago, IL 60602
23. The Applicant shall supervise and monitor the performance of the Work in order to ensure
compliance with all grant program requirements and all applicable City codes and
ordinances.
24. This Agreement represents the entire agreement between the parties hereto. There are no
other agreements, either oral or implied, between the parties hereto regarding the subject
matter of this Agreement. This Agreement may not be modified or amended without the
written agreement of the parties hereto.
25. The terms of this Agreement shall be severable. In the event any of the terms or provisions
of this Agreement are deemed to be void or otherwise unenforceable for any reason, the
remainder of this Agreement shall remain in full force and effect.
26. This Agreement shall be subject to and governed by the laws of the State of Illinois. The
sole and exclusive venue for the resolution of any disputes or the enforcement of any rights
arising out of or in connection with this Agreement shall be in the Circuit Court of Kane
County, Illinois.
27. Applicant, on behalf of itself and its respective successors, assigns and grantees of the
Subject Property, hereby acknowledges the propriety, necessity and legality of all of the
terms and provisions of this Agreement,and does hereby further agree and does waive any
and all rights to any and all legal or other challenges or defenses to any of the terms and
provisions of this Agreement, and hereby agrees and covenants on behalf of itself and its
successors, assigns and grantees of the Subject Property, not to sue the City or maintain
any legal action or other defenses against the City with respect to any challenges of the
terms and provisions of this Agreement. Notwithstanding the foregoing, Applicant may
maintain an action against the City for the payment of Program Funds pursuant to
Paragraph 19 of this Agreement, and may further assert defenses required to be filed by
Applicant arising out of any suit filed by the City in connection with this Agreement,
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provided that any such actions or defenses may not assert any legal challenges to the
propriety,necessity, or legality of the terms and provisions of this Agreement.
28. This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute one and the same agreement. For the purposes of executing
this agreement, any signed copy of this Agreement transmitted by fax machine or e-mail
shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered
for these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have
the same binding legal effect as an original document. At the request of either party any
fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form.
No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this
agreement and shall forever waive such defense.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
following their respective signatures.
CITY OF LGIN ELGIN, LLC
/Jr lf1+Vti/
'ichard G. Kozal Signature
City Manager
Matthew G Lefkowitz
Name (Print)
September 11, 2019 Aug 6,2019
Date Date
ATTE T:
6Cee6lADAIAA
City Clerk
•
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1
ATTACHMENT A
COST ESTIMATE(S) AND SCOPE(S) OF WORK
• Proposal by Homer Tree Care, Inc., dated March 26, 2019 (Total Cost$10,000)
• Proposal by Biotechnical Erosion Control Ltd., dated November 19,2016
(Total Cost$32,000)
• Proposal by Trotter& Associates, Inc., dated October 22,2018 (Total Cost$5,000)
9
.4
A O / LcpEont jr-'I,...."1hail
ul We Accept
• A V/SQ
TREE CARE IIVC - qY+ DISCOVER
Professional. Knowledgeable. Caring. '�'a"��-� l
CONFIDENCE
14000 S. ARCHER AVENUE, LOCKPORT, IL 60441 PROPOSAL
PHONE: 815-838-0320 FAX: 815-838-0375 www.homertree.com
Friday, March 01, 2019 Job Name: 153849
Worksite:100015 Wright Rd
BioTechnical Erosion Control Ltd. Harvard, IL 60033
Phone: 815-648-2253 Randy
100015 Wright Rd Email : rjstowe@gmail.com
Harvard, IL 60033
Arborist:Richard Reposh
Qty Cos•
0 Various Tree Work 0
Please find enclosed our bid proposal for tree work to be completed at
Tyler Creek in Elgin, IL.
Remove all trees and brush that overhang the South bank of Tyler
Creek in Wing Park Apartment Complex.
Trees and brush shall be removed as shown on marked up image
provided
Vegetation shall be cut near ground level(2 inches in most cases) with
material removed from site
Stumps shall be treated with Herbicide that is water friendly mixed with
appropriate dye
*Access will be required to parking lot and lawn for work completion
Primary area -Base bid: $5,000.00
Optional area - While on site: $5,000.00
*This project has not been bid as certified payroll or prevailing wage
Thank you for the opportunity to bid on this project with you. If you
have any questions, please don't hesitate to contact us.
Respectfully submitted,
Richard Reposh
Certified Arborist, IL-0567
Subtotal: $0.00
Tax: $0.00
Signature Date Total: $0.00
Your signature is required prior to the start of any work and indicates acceptance of the
terms & conditions on the reverse side of this document. All normal work operations to be
performed according to ANSI A-300 standards. NOTE: ALL WORK TO BE PAID UPON
COMPLETION.
Page 1 of 1
Page 1 of 3
BEdBIOTECHNICAL
EROSION CONTROL LTD.
November 19`h, 2016
Matthew G. Lefkowitz
Crown Properties, Inc.
15 Watts Street, 5th Floor
New York, NY 10013
Re: Tyler Creek Streambank Stabilization— Wing Park Apartments, Elgin, Illinois
Dear Mr. Lefkowitz,
Per your request, BioTechnical Erosion Control Ltd. (BECL) is pleased to submit this proposal
under which BECL will supply the materials, equipment, and labor necessary to install the above
referenced project in general accordance with the approved project plan set, as prepared by Hey &
Associates and BECL (dated December 4th, 2015), as well as in compliance with the associated
regulatory permits.
Proposed Budget:
BECL proposes to conduct the stated tasks for the lump-sum, not-to-exceed cost of $ 32,000
based on an approximate cost breakdown presented below:
Wing Park Apartments Project Budget
Task Task Description Quantity Unit Unit Cost Extended Cost
CONSTRUCTION PHASE
1 Mobilization / Demobilization 1 Lump Sum $5,000.00 $5,000
2 Soil Erosion and Sediment Control 1 Lump Sum $1,000.00 $1,000
3 Streambank Stabilization 200 LF $125.00 $25,000
4 Rock Stockpile Area Restoration 1 Lump Sum $1,000.00 $1,000
Total Project Cost $32,000
10015 Wright Road Harvard, Illinois 60033-9012
(815)648-2253
Page 2 of 3
Terms and Conditions:
1. BECL will schedule the work, establish a project timetable, and coordinate a pre-construction
meeting when all of the issued regulatory permits have been updated and authorized. Any
additional permit fees required by regulatory or review agencies shall be paid by Client.
2. It is recognized that time is of the essence, however, BECL reserves the right to delay any or
all elements of the project to best coincide with seasonal conditions, anticipated stream flow
levels, or other factors in order to minimize potential Soil Erosion and Sediment Control
issues; ensure optimal growth of the proposed vegetation; or otherwise ensure the successful
completion of the project.
3. Any required removal/trimming of brush or small trees small trees (<6inch dbh) shall be
handled by BECL under the existing proposal. Any additional removal of larger trees
required to facilitate construction or otherwise improve streambank stability, shall be
performed by others.
4. The proposed project is solely intended to provide reasonable protection from existing
streambank erosion problems. No warranty is provided or implied as to the future structural
stability of the treated streambanks or their future ability to continue supporting adjacent
existing structural/utility improvements.
5. BECL will submit monthly invoices to the Client during those periods in which work occurs
on the project. The Client will advise BECL of any specific invoice submittal timeframes
needed to best comply with Client payout approval cycles.
6. Payment to BECL by the Client shall be expected within thirty (30) days of invoice submittal
by BECL.
7. Upon request, BECL will provide a Certificate of Insurance (COI) to Crown Properties, or
other designee, Any specific language proposed to be included on the COI by any party shall
be provided to BECL for review and approval by the insurance carrier of BECL. The cost of
providing any landowner/City requested COI language / coverages beyond what is normally
carried by BECL shall be billed as an additional cost.
8. BECL will, upon request, provide partial and fmal waivers for the payments received.
9. Any other fmancial arrangements regarding individual landowner cost-share contributions or
cost-share arrangements with the City of Elgin Tyler Creek Fund shall be handled under
separate contracts/agreements between those parties, fully outside of this contract.
Please review this information carefully and do not hesitate to contact me if you have any questions.
If none, please execute the following pages (where indicated), and return a fully executed copy of
the entire contract to us.
Sincerely yours,
74.444.A. po, Static
Randolph J. Stowe
President
(815)382-7927 Cell
10015 Wright Road Harvard, Illinois 60033-9012
(815) 648-2253
Page 3 of 3
Contract Accepted By:
BIOTECHNICAL EROSION CONTROL LTD. CROWN PROPERTIES
Signature Signature
Randolph J. Stowe
Typed Name Typed Name
President
Title Title
10015 Wright Road
Address Address
Harvard, IL 60033
—
City/State/Zip City/State/Zip
(815)648-2253 _
Telephone Telephone
November 19th,2018
Date Date
10015 Wright Road Harvar4, Illinois 60033-9012
(815)648-2253
z- -:\
ANROTTER
uASSOCIATES, INC.
— ENGINEERS AND SURVEYORS
October 22, 2018
Mr. Matt Lefkowitz
Crown Properties, Inc.
15 Watts Street
5th Floor
New York,NY 10013
Re: Wing Park Apartments, Elgin, IL—Tyler Creek Bank Stabilization
Professional Services Agreement
Dear Mr. Lefkowitz ,
We sincerely appreciate this opportunity to offer our services. Enclosed for your review is the
engineering services agreement for the referenced project. Please contact us if there are any
questions or changes to the listed scope of services. If you would like to proceed with the
contract,please sign and return one copy of the agreement.
Sincerely,
TROTTER&ASSOCIATES, INC.JS n Novak, P. ., CFM
Project Engineer
700 Geneva Parkway North,Suite B 40W201 Wasco Rd.,Suite D 38 W.Grand Ave.,Suite 300
Lake Geneva,WI 53147 St.Charles,IL 60175 Fox Lake,IL 60020
0:262.729.4350 0:630.587.0470 0:224.225.1300
Crown Properties,Inc.
Wing Park Apartments,Stabilization
October 22,2018
Page 2
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\r\I
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
October 22, 2018
Mr. Matt Lefkowitz
Crown Properties, Inc.
15 Watts Street
5th Floor
New York,NY 10013
Re: Wing Park Apartments, Elgin, IL—Tyler Creek Bank Stabilization
Professional Services Letter Agreement and Exhibits
Dear Mr. Lefkowitz,
Trotter and Associates, Inc. (ENGINEER) is pleased to provide professional services to Matt
Lefkowitz of Crown Properties, Inc. (CLIENT) for the Wing Park Apartments, Elgin, IL—Tyler
Creek Bank Stabilization(hereinafter referred to as the"PROJECT").
Project Understanding
The Wing Park Apartments are located in the City of Elgin in the lower portion of the Tyler Creek
Watershed. This reach of the Tyler Creek is located 2.2 miles upstream of the confluence with the
Fox River. A portion of the property of the Wing Park Apartment Complex along Tyler Creek has
been subjected to excessive streambank erosion. The Client desires to stabilize the eroded
streambank before conditions deteriorate further. The stabilization on the property includes
approximately 160 feet of streambank along Tyler Creek.
The Tyler Creek Watershed Coalition (TCWC) was formed to initiate and manage the green
infrastructure recommendations that came from the Tyler Creek Watershed Plan. TCWC is the
advocate for those in need of help to get funding for the projects. The grant funds are facilitated
locally by the City of Elgin. The grant is available for use with bioengineering stabilization
methods (stone toe & native vegetation). These funds are 50/50 match and can be utilized for
construction improvement purposes.
Project Schedule
Project schedule to be determined based on conversation with local contractors and governing
g g
agencies.
Scope of Services
Our services will consist of customary civil engineering services and related engineering
services incidental thereto, based on the approved Permitting Plans for "Tyler Creek
Streambank Stabilization Garden Quarter Development" as prepared by Hey and Associates
and dated January 8, 2016:
700 Geneva Parkway North,Suite B 40W201 Wasco Rd.,Suite D 38 W.Grand Ave.,Suite 300
Lake Geneva,WI 53147 St.Charles,IL 60175 Fox Lake,IL 60020
0:262.729.4350 0:630.587.0470 0:224.225.1300
l __
Crown Properties,Inc.
Wing Park Apartments,Stabilization
October 22,2018
Page 2
Permitting - Trotter and Associates will complete the following services relative to the
permitting phase.
1) Review all governing permit agencies and permit status.
2) Update all applications to the regulatory agencies (U.S. Army Corps of Engineers, IL Dept
of Natural Resources,U.S. Fish&Wildlife Service, IL Historical Preservation Agency,City
of Elgin, Kane County Soil and Water Conservation, etc.). Client will be responsible for
obtaining required signatures and applicable permit fees.
3) Complete revisions or changes to the permit applications and facilitate any contingencies
that need to be added to the construction phases (i.e. soil and sediment erosion control).
4) Attend necessary meetings with the City and/or agencies regarding project review.
TAI will not perform any geotechnical investigations, field survey, or design changes for
the proposed scope of services.
Changes to the scope of services outlined in this agreement shall be authorized through execution
of an Exhibit D - Contract Addendum.
Compensation
A Lump Sum amount of$5,000 based on the following assumed distribution of compensation:
Permitting $5,000
Bidding Phase Not Included
Construction Phase Not Included
TOTAL $5,000
ENGINEER may alter the distribution of compensation between individual phases noted herein
to be consistent with services rendered but shall not exceed the total Lump Sum amount unless
approved in writing by the CLIENT. The Lump Sum includes compensation for ENGINEER's
services and services of ENGINEER's Consultants, if any. Appropriate amounts have been
incorporated in the Lump Sum to account for labor, overhead,profit, and Reimbursable
Expenses. The portion of the Lump Sum amount billed for ENGINEER's services will be based
upon ENGINEER's estimate of the proportion of the total services completed during the billing
period to the Lump Sum.
Miscellaneous
This Agreement constitutes the entire agreement between the parties and supersedes any prior oral
or written representations. This agreement may not be changed, modified, or amended except in
writing signed by both parties. In the event of any conflict among the exhibits, the exhibit of the
latest date shall control.
Crown Properties,Inc.
Wing Park Apartments,Stabilization
October 22,2018
Page 3
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. In no case shall CLIENT'S
approval of any subcontract relieve ENGINEER of any of its obligations under this Agreement.
However,ENGINEER is not responsible whatsoever for any obligations its subcontractors might
have to its [subcontractors'] employees, including but not limited to proper compensation of its
employees.
In the event CLIENT uses a purchase order form or other CLIENT developed document to
administer this Agreement, the use of such documents shall be for the CLIENT's convenience
only, and any provisions, terms or conditions within the CLIENT developed document shall be
deemed stricken, null and void. Any provisions, terms or conditions which the CLIENT would
like to reserve shall be added to Exhibit C—Supplemental Conditions and agreed to by both parties.
ENGINEER acknowledges that this project and the scope of work performed thereto will require
ENGINEER and all lower tiered subcontractors of ENGINEER to comply with all obligations
under and pursuant to the any applicable local, state and/or federal prevailing wage laws (e.g.
Davis-Bacon Act, Illinois Prevailing Wage Act,etc.),including but not limited to all wage,notice
and/or record keeping requirements to the extent applicable,necessitated and required by law.
If during negotiations or discussion with a Client it becomes clear that Client has determined
prevailing wages are not applicable to the work performed by Trotter & Associates, it is best to
confirm that understanding in writing with appropriate indemnification language. The following
is draft language to consider:
Trotter & Associates' services performed is based on its understanding through the actions,
statements and/or omissions of CLIENT that this project [identify] and the work performed
relating thereto is professional in nature and not subject to prevailing wage requirements(federal,
state or local). If Trotter & Associates' understanding is incorrect, CLIENT agrees and
acknowledges that it shall immediately notify Trotter & Associates in writing within forty-eight
(48)hours from receiving this notice so that Trotter& Associates may submit a revised proposal
and/or invoice reflecting the additional costs associated with applicable prevailing wage laws. If
at any time it is determined that this project is or was subject to prevailing wage requirements
under federal, state or local law, then CLIENT agrees and acknowledges that it shall reimburse
and make whole Trotter & Associates for any back wages, penalties and/or interest owed to its
employees or any other third party,including any appropriate governmental agency. CLIENT also
agrees that prices, costs and/or applicable fees will also be increased prospectively as required by
the increase in wage payments to Trotter & Associates' employees. CLIENT understands and
acknowledges that it shall notify Trotter & Associates of any prevailing wage requirements or
obligations under applicable laws relating to the work or services performed by Trotter &
Associates. CLIENT also agrees to indemnify and hold Trotter& Associates harmless from any
error, act or omission on its part with regard to prevailing wage notification that causes any claim,
cause of action, harm or loss upon Trotter & Associates, including but not limited to prompt
reimbursement to Trotter& Associates of any and all back wages,penalties and/or interest owed
Crown Properties,Inc.
Wing Park Apartments,Stabilization
October 22,2018
Page 4
to its employees or any other third party, including reasonable attorneys' fees and costs associated
with such claim,cause of action, harm or loss.
Contents of Agreement
This Letter Agreement and the Exhibits attached hereto and incorporated herein, represent the
entire understanding with respect to the Project and may only be modified in writing signed by
both parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
CLIENT: Tro' -r and Associates, Inc.:
Crown Properties, Inc. I'e' f
11,
By:_ Matthew Lefkowitz By: James M. McKenzie, P.L.S.
Title: Title: Vice President
Effective Date: Date Signed: OC ?CQ3._40%
Address for giving notices: Address for giving notices:
15 Watts Street,5`h Floor 40W201 Wasco Road, Suite D
New York,NY 10013 St.Charles, IL 60175
Designated Representative Designated Representative
Matthew G. Lefkowitz Susan M.Novak, P.E., CFM
Project Engineer
Title: Trotter and Associates, Inc.
Phone Number: (212)257-0147 x 114 Phone Number: (630)587-0470
Facsimile Number: (212)409-8839 Mobile Number: (630)885-7392
E-Mail Address: E-Mail Address:
mlefkowitz@crownproperties.com j.mckenzie@trotter-inc.com
ATTACHMENTS:
EXHIBT A—STANDARD TERMS AND CONDITIONS
EXHIBIT B—SCHEDULE OF HOURLY RATES AND REIMBURSIBLE EXPENSES
EXHIBIT C—SUPPLEMENTAL GENERAL CONDITIONS
EXHIBIT D—CONTRACT ADDENDUM
CLIENT Initial
\m[() 1 ri l E
R_
TAI Initial
I 'ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT A-STANDARD TERMS AND CONDITIONS
Table of Contents ARTICLE 1 -SERVICES OF ENGINEER
ARTICLE 1 -SERVICES OF ENGINEER 1 _
1.01 Scope 1
1.01 Scope
ARTICLE 2-CLIENT'S RESPONSIBILITIES 1
2.01 General 1 A. ENGINEER shall provide the Professional
Services set forth herein and in the Letter
ARTICLE 3 -TIMES FOR RENDERING SERVICES Agreement.
7
B. Upon this Agreement becoming effective,
3.01 General 7 ENGINEER is authorized to begin Services.
3.02 Suspension 7
ARTICLE 2-CLIENT'S RESPONSIBILITIES
ARTICLE 4-PAYMENTS TO ENGINEER 7
4.01 Methods of Payment for Services
and Reimbursable Expenses of
ENGINEER 7 2.01 General
4.02 Other Provisions Concerning Payments
7 A. Provide ENGINEER with all criteria and full
information as to CLIENT's requirements for the
ARTICLE 5-OPINIONS OF COST 8 Project,including design objectives and
5.01 Opinions of Probable Construction Cost constraints,space,capacity and performance
8 requirements,flexibility,and expandability,and
5.02 Designing to Construction Cost Limit8 any budgetary limitations;and furnish copies of all
5.03 Opinions of Total Project Costs 8 design and construction standards which CLIENT
will require to be included in the Drawings and
ARTICLE 6-GENERAL CONSIDERATIONS 9 Specifications;and furnish copies of CLIENT's
6.01 Standards of Performance 9 standard forms,conditions,and related documents
6.02 Authorized Project Representatives 10 for ENGINEER to include in the Bidding
6.03 Design without Construction Phase Documents,when applicable.
Services 10
6.04 Use of Documents 10 B. Furnish to ENGINEER any other available
6.05 Insurance 11 information pertinent to the Project including
6.06 Termination 12 reports and data relative to previous designs,or
6.07 Controlling Law 12 investigation at or adjacent to the Site.
6.08 Successors, Assigns, and Beneficiaries C. Following ENGINEER's assessment of initially-
12 available Project information and data and upon
6.09 Dispute Resolution 13 ENGINEER's request,furnish or otherwise make
6.10 Hazardous Environmental Condition13 available such additional Project related
6.11 Allocation of Risks 13 information and data as is reasonably required to
6.12 Notices 14 enable ENGINEER to complete its Basic and
6.13 Survival 14 Additional Services. Such additional information
6.14 Severability 14 or data would generally include the following:
6.15 Waiver 14
6.16 Headings 14 1. Property descriptions.
6.16 Definitions 14
2. Zoning,deed,and other land use restrictions.
Exhibit A
Standard Terms and Conditions
Page 6
3. Property,boundary,easement,right-of-way,
and other special surveys or data,including I. Provide,as required for the Project:
establishing relevant reference points.
1. Accounting,bond and financial advisory,
4. Explorations and tests of subsurface conditions independent cost estimating,and insurance
at or contiguous to the Site,drawings of counseling services.
physical conditions in or relating to existing
surface or subsurface structures at or 2. Legal services with regard to issues pertaining
contiguous to the Site,or hydrographic to the Project as CLIENT requires,Contractor
surveys,with appropriate professional raises,or ENGINEER reasonably requests.
interpretation thereof.
3. Such auditing services as CLIENT requires to
5. Environmental assessments,audits, ascertain how or for what purpose Contractor
investigations and impact statements,and has used the moneys paid.
other relevant environmental or cultural
studies as to the Project,the Site,and adjacent 4. Placement and payment for advertisement for
areas. Bids in appropriate publications.
6. Data or consultations as required for the J. Advise ENGINEER of the identity and scope of
Project but not otherwise identified in the services of any independent consultants employed
Agreement or the Exhibits thereto. by CLIENT to perform or furnish services in
regard to the Project,including,but not limited to,
D. Give prompt written notice to ENGINEER cost estimating,project peer review,value
whenever CLIENT observes or otherwise becomes engineering,and constructability review.
aware of a Hazardous Environmental Condition or
of any other development that affects the scope or K. Furnish to ENGINEER data as to CLIENT's
time of performance of ENGINEER's services,or anticipated costs for services to be provided by
any defect or nonconformance in ENGINEER's others for CLIENT so that ENGINEER may make
services or in the work of any Contractor. the necessary calculations to develop and
periodically adjust ENGINEER's opinion of Total
E. Authorize ENGINEER to provide Additional Project Costs.
Services as set forth in Exhibit D-Addendum of
the Agreement as required. L. If CLIENT designates a manager or an individual
or entity other than,or in addition to,ENGINEER
F. Arrange for safe access to and make all provisions to represent CLIENT at the Site,the duties,
for ENGINEER to enter upon public and private responsibilities,and limitations of authority of such
property as required for ENGINEER to perform other party shall be disclosed to the ENGINEER
services under the Agreement. and coordinated in relation to the duties,
responsibilities,and authority of ENGINEER.
G. Examine all alternate solutions,studies,reports,
sketches,Drawings,Specifications,proposals,and M. If more than one prime contract is to be awarded
other documents presented by ENGINEER for the Work designed or specified by ENGINEER,
(including obtaining advice of an attorney, designate a person or entity to have authority and
insurance counselor,and other advisors or responsibility for coordinating the activities among
consultants as CLIENT deems appropriate with the various prime Contractors,and define and set
respect to such examination)and render in writing forth the duties,responsibilities,and limitations of
timely decisions pertaining thereto. authority of such individual or entity and the
relation thereof to the duties,responsibilities,and
H. Provide reviews,approvals,and permits from all authority of ENGINEER is to be mutually agreed
governmental authorities having jurisdiction to upon and made a part of this Agreement before
approve all phases of the Project designed or such services begin.
specified by ENGINEER and such reviews,
approvals,and consents from others as may be N. Attend the pre-bid conference,bid opening,pre-
necessary for completion of each phase of the construction conferences,construction progress and
Project.
Exhibit A
Standard Terms and Conditions
Page 7
other job related meetings,and Substantial amounts of compensation provided for herein shall
Completion and final payment inspections. be subject to equitable adjustment. If CLIENT has
requested changes in the scope,extent,or character
0. Provide the services of an independent testing of the Project,the time of performance of
laboratory to perform all inspections,tests,and ENGINEER's services shall be adjusted equitably.
approvals of Samples,materials,and equipment
required by the Contract Documents,or to evaluate C. For purposes of this Agreement the term"day"
the performance of materials,equipment,and means a calendar day of 24 hours.
facilities of CLIENT,prior to their incorporation
into the Work with appropriate professional 3.02Suspension
interpretation thereof.
A. If CLIENT fails to give prompt written
P. Provide inspection or monitoring services by an authorization to proceed with any phase of services
individual or entity other than ENGINEER(and after completion of the immediately preceding
disclose the identity of such individual or entity to phase,or if ENGINEER's services are delayed
ENGINEER)as CLIENT determines necessary to through no fault of ENGINEER,ENGINEER may,
verify: after giving seven days written notice to CLIENT,
suspend services under this Agreement.
1. That Contractor is complying with any Laws
and Regulations applicable to Contractor's B. If ENGINEER's services are delayed or suspended
performing and furnishing the Work. in whole or in part by CLIENT,or if ENGINEER's
services are extended by Contractor's actions or
2. That Contractor is taking all necessary inactions for more than 90 days through no fault of
precautions for safety of persons or property ENGINEER,ENGINEER shall be entitled to
and complying with any special provisions of equitable adjustment of rates and amounts of
the Contract Documents applicable to safety. compensation provided for elsewhere in this
Agreement to reflect,reasonable costs incurred by
Q. Provide ENGINEER with the findings and reports ENGINEER in connection with,among other
generated by the entities providing services things,such delay or suspension and reactivation
pursuant to paragraphs 2.01.0 and P. and the fact that the time for performance under
this Agreement has been revised.
ARTICLE 3-TIMES FOR RENDERING ARTICLE 4-PAYMENTS TO ENGINEER
SERVICES
4.01 Methods of Payment for Services and
3.01General Reimbursable Expenses of ENGINEER
A. ENGINEER's services and compensation under A. For Basic Services. CLIENT shall pay
this Agreement have been agreed to in anticipation ENGINEER for Basic Services performed or
of the orderly and continuous progress of the furnished under as outlined in the Letter Agreement
Project through completion. Unless specific
periods of time or specific dates for providing B. For Additional Services. CLIENT shall pay
services are specified in this Agreement, ENGINEER for Additional Services performed or
ENGINEER's obligation to render services furnished as outlined in Exhibit D.
hereunder will be for a period which may
reasonably be required for the completion of said C. For Reimbursable Expenses. CLIENT shall pay
services. ENGINEER for Reimbursable Expenses incurred
by ENGINEER and ENGINEER's Consultants as
B. If in this Agreement specific periods of time for set forth in Exhibit B.
rendering services are set forth or specific dates by
which services are to be completed are provided, 4.02Other Provisions Concerning Payments
and if such periods of time or dates are changed
through no fault of ENGINEER,the rates and
I
Exhibit A
Standard Terms and Conditions
Page 8
A. Preparation of Invoices. Invoices will be prepared request,copies of such records will be made
in accordance with ENGINEER's standard available to CLIENT at cost.
invoicing practices and will be submitted to
CLIENT by ENGINEER,unless otherwise agreed. F. Legislative Actions. In the event of legislative
actions after the Effective Date of the Agreement
B. Payment of Invoices. Invoices are due and payable by any level of government that impose taxes,fees,
within 30 days of receipt. If CLIENT fails to make or costs on ENGINEER's services or other costs in
any payment due ENGINEER for services and connection with this Project or compensation
expenses within 30 days after receipt of therefore,such new taxes,fees,or costs shall be
ENGINEER's invoice therefor,the amounts due invoiced to and paid by CLIENT as a
ENGINEER will be increased at the rate of 1.0% Reimbursable Expense to which a Factor of 1.0
per month(or the maximum rate of interest shall be applied. Should such taxes,fees,or costs
permitted by law,if less)from said thirtieth day. In be imposed,they shall be in addition to
addition,ENGINEER may,after giving seven days ENGINEER's estimated total compensation.
written notice to CLIENT,suspend services under
this Agreement until ENGINEER has been paid in ARTICLE 5-OPINIONS OF COST
full all amounts due for services,expenses,and
other related charges. Payments will be credited _
first to interest and then to principal.
5.01 Opinions of Probable Construction Cost
C. Disputed Invoices. In the event of a disputed or
contested invoice,only that portion so contested A. ENGINEER's opinions of probable Construction
may be withheld from payment,and the undisputed Cost provided for herein are to be made on the
portion will be paid. basis of ENGINEER's experience and
qualifications and represent ENGINEER's best
D. Payments Upon Termination. judgment as an experienced and qualified
professional generally familiar with the industry.
1. In the event of any termination under However,since ENGINEER has no control over
paragraph 6.06,ENGINEER will be entitled the cost of labor,materials,equipment,or services
to invoice CLIENT and will be paid in furnished by others,or over the Contractor's
accordance with Exhibit B for all services methods of determining prices,or over competitive
performed or furnished and all Reimbursable bidding or market conditions,ENGINEER cannot
Expenses incurred through the effective date and does not guarantee that proposals,bids,or
of termination. actual Construction Cost will not vary from
opinions of probable Construction Cost prepared
2. In the event of termination by CLIENT for by ENGINEER. If CLIENT wishes greater
convenience or by ENGINEER for cause, assurance as to probable Construction Cost,
ENGINEER,in addition to invoicing for those CLIENT shall employ an independent cost
items identified in subparagraph 4.02.D.1, estimator.
shall be entitled to invoice CLIENT and shall
be paid a reasonable amount for services and 5.02 Designing to Construction Cost Limit
expenses directly attributable to termination,
both before and after the effective date of A. If a Construction Cost limit is established between
termination,such as reassignment of CLIENT and ENGINEER,such Construction Cost
personnel,costs of terminating contracts with limit and a statement of ENGINEER's rights and
ENGINEER's Consultants,and other related responsibilities with respect thereto will be
close-out costs,using methods and rates for specifically set forth in Exhibit C-Supplemental
Additional Services as set forth in Exhibit B. General Conditions.
E. Records of ENGINEER's Costs. Records of 5.03 Opinions of Total Project Costs
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be kept A. ENGINEER assumes no responsibility for the
in accordance with generally accepted accounting accuracy of opinions of Total Project Costs.
practices. To the extent necessary to verify
ENGINEER's charges and upon CLIENT's timely
Exhibit A
Standard Terms and Conditions
Page 9
ARTICLE 6-GENERAL CONSIDERATIONS data,and information in performing or furnishing
services under this Agreement.
F. CLIENT shall make decisions and carry out its
6.01 Standards of Performance other responsibilities in a timely manner and shall
bear all costs incident thereto so as not to delay the
A. The standard of care for all professional services of ENGINEER.
engineering and related services performed or
furnished by ENGINEER under this Agreement G. Prior to the commencement of the Construction
will be the care and skill ordinarily used by Phase,CLIENT shall notify ENGINEER of any
members of ENGINEER's profession practicing other notice or certification that ENGINEER will
under similar circumstances at the same time and in be requested to provide to CLIENT or third parties
the same locality. ENGINEER makes no in connection with the Project. CLIENT and
warranties,express or implied,under this ENGINEER shall reach agreement on the terms of
Agreement or otherwise,in connection with any such requested notice or certification,and
ENGINEER's services. CLIENT shall authorize such Additional Services
as are necessary to enable ENGINEER to provide
B. ENGINEER shall be responsible for the technical the notices or certifications requested.
accuracy of its services and documents resulting
therefrom,and CLIENT shall not be responsible H. ENGINEER shall not be required to sign any
for discovering deficiencies therein. ENGINEER documents,no matter by whom requested,that
shall correct such deficiencies without additional would result in the ENGINEER's having to certify,
compensation except to the extent such action is guarantee or warrant the existence of conditions
directly attributable to deficiencies in CLIENT- whose existence the ENGINEER cannot ascertain.
furnished information. CLIENT agrees not to make resolution of any
dispute with the ENGINEER or payment of any
C. ENGINEER shall perform or furnish professional amount due to the ENGINEER in any way
engineering and related services in all phases of the contingent upon the ENGINEER's signing any
Project to which this Agreement applies. such certification.
ENGINEER shall serve as CLIENT's prime
professional for the Project. ENGINEER may I. During the Construction Phase,ENGINEER shall
employ such ENGINEER's Consultants as not supervise,direct,or have control over
ENGINEER deems necessary to assist in the Contractor's work,nor shall ENGINEER have
performance or furnishing of the services. authority over or responsibility for the means,
ENGINEER shall not be required to employ any methods,techniques,sequences,or procedures of
ENGINEER's Consultant unacceptable to construction selected by Contractor,for safety
ENGINEER. precautions and programs incident to the
Contractor's work in progress,nor for any failure
D. ENGINEER and CLIENT shall comply with of Contractor to comply with Laws and
applicable Laws or Regulations and CLIENT- Regulations applicable to Contractor's furnishing
mandated standards. This Agreement is based on and performing the Work.
these requirements as of its Effective Date.
Changes to these requirements after the Effective J. ENGINEER neither guarantees the performance of
Date of this Agreement may be the basis for any Contractor nor assumes responsibility for any
modifications to CLIENT's responsibilities or to Contractor's failure to furnish and perform the
ENGINEER's scope of services,times of Work in accordance with the Contract Documents.
performance,or compensation.
K. ENGINEER shall not be responsible for the acts or
E. CLIENT shall be responsible for,and ENGINEER omissions of any Contractor(s),subcontractor or
may rely upon,the accuracy and completeness of supplier,or of any of the Contractor's agents or
all requirements,programs,instructions,reports, employees or any other persons(except
data,and other information furnished by CLIENT ENGINEER's own employees)at the Site or
to ENGINEER pursuant to this Agreement. otherwise furnishing or performing any of the
ENGINEER may use such requirements,reports, Contractor's work;or for any decision made on
interpretations or clarifications of the Contract
Exhibit A
Standard Terms and Conditions
Page 10
Documents given by CLIENT without consultation B. Copies of CLIENT-furnished data that may be
and advice of ENGINEER. relied upon by ENGINEER are limited to the
printed copies(also known as hard copies)that are
L. The General Conditions for any construction delivered to the ENGINEER. Files in electronic
contract documents prepared hereunder are to be media format of text,data,graphics,or of other
the"Standard General Conditions of the types that are furnished by CLIENT to ENGINEER
Construction Contract"as prepared by the are only for convenience of ENGINEER. Any
Engineers Joint Contract Documents Committee conclusion or information obtained or derived from
(Document No. 1910-8, 1996 Edition)unless both such electronic files will be at the user's sole risk.
parties mutually agree to use other General
Conditions. C. Copies of Documents that may be relied upon by
CLIENT are limited to the printed copies(also
6.02Authorized Project Representatives known as hard copies)that are signed or sealed by
the ENGINEER. Files in electronic media format
A. Contemporaneous with the execution of this of text,data,graphics,or of other types that are
Agreement,ENGINEER and CLIENT shall furnished by ENGINEER to CLIENT are only for
designate specific individuals to act as convenience of CLIENT. Any conclusion or
ENGINEER's and CLIENT's representatives with information obtained or derived from such
respect to the services to be performed or furnished electronic files will be at the user's sole risk.
by ENGINEER and responsibilities of CLIENT
under this Agreement. Such individuals shall have D. Because data stored in electronic media format can
authority to transmit instructions,receive deteriorate or be modified inadvertently or
information,and render decisions relative to the otherwise without authorization of the data's
Project on behalf of each respective party. creator,the party receiving electronic files agrees
that it will perform acceptance tests or procedures
6.03Design without Construction Phase Services within 60 days,after which the receiving party
shall be deemed to have accepted the data thus
A. Should CLIENT provide Construction Phase transferred. Any errors detected within the 60-day
services with either CLIENT's representatives or a acceptance period will be corrected by the party
third party,ENGINEER's Basic Services under delivering the electronic files. ENGINEER shall
this Agreement will be considered to be completed not be responsible to maintain documents stored in
upon completion of the Final Design Phase or electronic media format after acceptance by
Bidding or Negotiating Phase as outlined in the CLIENT.
Letter Agreement.
E. When transferring documents in electronic media
B. It is understood and agreed that if ENGINEER's format,ENGINEER makes no representations as to
Basic Services under this Agreement do not include long term compatibility,usability,or readability of
Project observation,or review of the Contractor's documents resulting from the use of software
performance,or any other Construction Phase application packages,operating systems,or
services,and that such services will be provided by computer hardware differing from those used by
CLIENT,then CLIENT assumes all responsibility ENGINEER at the beginning of this Project.
for interpretation of the Contract Documents and
for construction observation or review and waives F. CLIENT may make and retain copies of
any claims against the ENGINEER that may be in Documents for information and reference in
any way connected thereto. connection with use on the Project by CLIENT.
Such Documents are not intended or represented to
6.04 Use of Documents be suitable for reuse by CLIENT or others on
extensions of the Project or on any other project.
A. All Documents are instruments of service in respect Any such reuse or modification without written
to this Project,and ENGINEER shall retain an verification or adaptation by ENGINEER,as
ownership and property interest therein(including appropriate for the specific purpose intended,will
the right of reuse at the discretion of the be at CLIENT's sole risk and without liability or
ENGINEER)whether or not the Project is legal exposure to ENGINEER or to ENGINEER's
completed. Consultants. CLIENT shall indemnify and hold
harmless ENGINEER and ENGINEER's
Exhibit A
Standard Terms and Conditions
Page 11
Consultants from all claims,damages,losses,and
expenses,including attorneys' fees arising out of or E. All policies of property insurance shall contain
resulting therefrom. provisions to the effect that ENGINEER's and
ENGINEER's Consultants'interests are covered
G. If there is a discrepancy between the electronic files and that in the event of payment of any loss or
and the hard copies,the hard copies govern. damage the insurers will have no rights of recovery
against any of the insureds or additional insureds
H. Any verification or adaptation of the Documents thereunder.
for extensions of the Project or for any other
project will entitle ENGINEER to further F. At any time,CLIENT may request that
compensation at rates as defined in Exhibit B. ENGINEER,at CLIENT's sole expense,provide
additional insurance coverage,increased limits,or
6.05lnsurance revised deductibles that are more protective. If so
requested by CLIENT,with the concurrence of
A. ENGINEER shall procure and maintain insurance ENGINEER,and if commercially available,
as set forth below: ENGINEER shall obtain and shall require
ENGINEER's Consultants to obtain such
1. Workers Compensation&Employer's additional insurance coverage,different limits,or
Liability revised deductibles for such periods of time as
a. Each Occurrence: $1,000,000 requested by CLIENT.
2. General Liability
a. Each Occurrence: $1,000,000
b. General Aggregate: $2,000,000
3. Excess or Umbrella Liability
a. Each Occurrence: $5,000,000
b. General Aggregate: $5,000,000
4. Automobile Liability
a. Combined Single Limit(Bodily Injury
and Property Damage):
Each Accident $1,000,000
5. Professional Liability
a. Each Occurrence: $2,000,000
b. General Aggregate: $2,000,000
B. CLIENT shall cause ENGINEER and
ENGINEER's Consultants to be listed as additional
insureds on any general liability or property
insurance policies carried by CLIENT which are
applicable to the Project.
C. CLIENT shall require Contractor to purchase and
maintain general liability and other insurance as
specified in the Contract Documents and to cause
ENGINEER and ENGINEER's Consultants to be
listed as additional insureds with respect to such
liability and other insurance purchased and
maintained by Contractor for the Project
D. CLIENT and ENGINEER shall each deliver to the
other certificates of insurance evidencing the
coverage.
Exhibit A
Standard Terms and Conditions
Page 12
6.06Termination B. The terminating party under paragraphs 6.06.A.1 or
6.06.A.2 may set the effective date of termination
A. The obligation to provide further services under at a time up to 30 days later than otherwise
this Agreement may be terminated: provided to allow ENGINEER to demobilize
personnel and equipment from the Site,to complete
1. For cause, tasks whose value would otherwise be lost,to
prepare notes as to the status of completed and
a. By either party upon 30 days written uncompleted tasks,and to assemble Project
notice in the event of substantial failure by materials in orderly files.
the other party to perform in accordance
with the terms hereof through no fault of 6.07Controlling Law
the terminating party.
A. This Agreement is to be governed by the law of the
b. By ENGINEER: state in which the Project is located.
1) upon seven days written notice if 6.08Successors,Assigns,and Beneficiaries
ENGINEER believes that ENGINEER is
being requested by CLIENT to furnish or A. CLIENT and ENGINEER each is hereby bound
perform services contrary to and the partners,successors,executors,
ENGINEER's responsibilities as a administrators and legal representatives of CLIENT
licensed professional;or and ENGINEER(and to the extent permitted by
paragraph 6.08.B the assigns of CLIENT and
2) upon seven days written notice if the ENGINEER)are hereby bound to the other party to
ENGINEER's services for the Project are this Agreement and to the partners,successors,
delayed or suspended for more than 90 executors,administrators and legal representatives
days for reasons beyond ENGINEER's (and said assigns)of such other party,in respect of
control. all covenants,agreements and obligations of this
Agreement.
3) ENGINEER shall have no liability to
CLIENT on account of such termination. B. Neither CLIENT nor ENGINEER may assign,
sublet,or transfer any rights under or interest
c. Notwithstanding the foregoing,this (including,but without limitation,moneys that are
Agreement will not terminate as a result due or may become due)in this Agreement without
of such substantial failure if the party the written consent of the other,except to the extent
receiving such notice begins,within seven that any assignment,subletting,or transfer is
days of receipt of such notice,to correct mandated or restricted by law. Unless specifically
its failure to perform and proceeds stated to the contrary in any written consent to an
diligently to cure such failure within no assignment,no assignment will release or discharge
more than 30 days of receipt thereof; the assignor from any duty or responsibility under
provided,however,that if and to the this Agreement.
extent such substantial failure cannot be
reasonably cured within such 30 day C. Unless expressly provided otherwise in this
period,and if such party has diligently Agreement:
attempted to cure the same and thereafter
continues diligently to cure the same,then 1. Nothing in this Agreement shall be construed
the cure period provided for herein shall to create,impose,or give rise to any duty
extend up to,but in no case more than,60 owed by CLIENT or ENGINEER to any
days after the date of receipt of the notice. Contractor,Contractor's subcontractor,
supplier,other individual or entity,or to any
2. For convenience, surety for or employee of any of them.
a. By CLIENT effective upon the receipt of 2. All duties and responsibilities undertaken
notice by ENGINEER. pursuant to this Agreement will be for the sole
and exclusive benefit of CLIENT and
ENGINEER and not for the benefit of any
Exhibit A
Standard Terms and Conditions
Page 13
other party. The CLIENT agrees that the E. CLIENT acknowledges that ENGINEER is
substance of the provisions of this paragraph performing professional services for CLIENT and
6.08.0 shall appear in the Contract that ENGINEER is not and shall not be required to
Documents. become an"arranger,""operator,""generator,"or
"transporter"of hazardous substances,as defined in
6.09Dispute Resolution the Comprehensive Environmental Response,
Compensation,and Liability Act of 1990
A. CLIENT and ENGINEER agree to negotiate all (CERCLA),which are or may be encountered at or
disputes between them in good faith for a period of near the Site in connection with ENGINEER's
30 days from the date of notice prior to exercising activities under this Agreement.
their rights under provisions of this Agreement,or
under law. In the absence of such an agreement, F. If ENGINEER's services under this Agreement
the parties may exercise their rights under law. cannot be performed because of a Hazardous
Environmental Condition,the existence of the
B. If and to the extent that CLIENT and ENGINEER condition shall justify ENGINEER's terminating
have agreed on a method and procedure for this Agreement for cause on 30 days notice.
resolving disputes between them arising out of or
relating to this Agreement,such dispute resolution 6.11Allocation of Risks
method and procedure is set forth in Exhibit C,
"Supplemental Conditions." A. Indemnification
6.10Hazardous Environmental Condition 1. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold
A. CLIENT represents to Engineer that to the best of harmless CLIENT,CLIENT's officers,
its knowledge a Hazardous Environmental directors,partners,and employees from and
Condition does not exist. against any and all costs,losses,and damages
(including but not limited to all fees and
B. CLIENT has disclosed to the best of its knowledge charges of engineers,architects,attorneys,and
to ENGINEER the existence of all Asbestos, other professionals,and all court or arbitration
PCB's,Petroleum,Hazardous Waste,or or other dispute resolution costs)caused solely
Radioactive Material located at or near the Site, by the negligent acts or omissions of
including type,quantity and location. ENGINEER or ENGINEER's officers,
directors,partners,employees,and
C. If a Hazardous Environmental Condition is ENGINEER's Consultants in the performance
encountered or alleged,ENGINEER shall have the and furnishing of ENGINEER's services under
obligation to notify CLIENT and,to the extent of this Agreement.
applicable Laws and Regulations,appropriate
governmental officials. 2. To the fullest extent permitted by law,
CLIENT shall indemnify and hold harmless
D. It is acknowledged by both parties that ENGINEER,ENGINEER's officers,directors,
ENGINEER's scope of services does not include partners,employees,and ENGINEER's
any services related to a Hazardous Environmental Consultants from and against any and all costs,
Condition. In the event ENGINEER or any other losses,and damages(including but not limited
party encounters a Hazardous Environmental to all fees and charges of engineers,architects,
Condition,ENGINEER may,at its option and attorneys,and other professionals,and all court
without liability for consequential or any other or arbitration or other dispute resolution costs)
damages,suspend performance of services on the caused solely by the negligent acts or
portion of the Project affected thereby until omissions of CLIENT or CLIENT's officers,
CLIENT: (i)retains appropriate specialist directors,partners,employees,and CLIENT's
consultant(s)or contractor(s)to identify and,as consultants with respect to this Agreement or
appropriate,abate,remediate,or remove the the Project.
Hazardous Environmental Condition;and(ii)
warrants that the Site is in full compliance with 3. To the fullest extent permitted by law,
applicable Laws and Regulations. ENGINEER's total liability to CLIENT and
anyone claiming by,through,or under
Exhibit A
Standard Terms and Conditions
Page 14
CLIENT for any cost,loss,or damages caused 6.13Survival
in part by the negligence of ENGINEER and
in part by the negligence of CLIENT or any A. All express representations,indemnifications,or
other negligent entity or individual,shall not limitations of liability included in this Agreement
exceed the percentage share that will survive its completion or termination for any
ENGINEER's negligence bears to the total reason.
negligence of CLIENT,ENGINEER,and all
other negligent entities and individuals. 6.14Severability
4. In addition to the indemnity provided under A. Any provision or part of the Agreement held to be
paragraph 6.11.A.2 of this Agreement,and to void or unenforceable under any Laws or
the fullest extent permitted by law,CLIENT Regulations shall be deemed stricken,and all
shall indemnify and hold harmless remaining provisions shall continue to be valid and
ENGINEER and its officers,directors, binding upon CLIENT and ENGINEER,who
partners,employees,and ENGINEER's agree that the Agreement shall be reformed to
Consultants from and against all costs,losses, replace such stricken provision or part thereof with
and damages(including but not limited to all a valid and enforceable provision that comes as
fees and charges of engineers,architects, close as possible to expressing the intention of the
attorneys,and other professionals,and all court stricken provision.
or arbitration or other dispute resolution costs)
caused by,arising out of or resulting from a 6.15Waiver
Hazardous Environmental Condition,provided
that(i)any such cost,loss,or damage is A. Non-enforcement of any provision by either party
attributable to bodily injury,sickness,disease, shall not constitute a waiver of that provision,nor
or death,or to injury to or destruction of shall it affect the enforceability of that provision or
tangible property(other than completed of the remainder of this Agreement.
Work),including the loss of use resulting
therefrom,and(ii)nothing in this paragraph 6.1613eadings
6.11.A.4.shall obligate CLIENT to indemnify
any individual or entity from and against the A. The headings used in this Agreement are for
consequences of that individual's or entity's general reference only and do not have special
own negligence or willful misconduct. significance.
5. The indemnification provision of paragraph 6.16Definitions
6.11.A.1 is subject to and limited by the
provisions agreed to by CLIENT and A. Defined terms will be in accordance with EJCDC
ENGINEER in Exhibit C,"Supplemental No. 1910-1 (1996 Edition)
Conditions,"if any.
6.12Notices
A. Any notice required under this Agreement will be
in writing,addressed to the appropriate party at its
address on the signature page and given personally,
or by registered or certified mail postage prepaid,
or by a commercial courier service. All notices
shall be effective upon the date of receipt.
Exhibit A
Standard Terms and Conditions
Page 1
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CLIENT Initial RO 1 r1
1 JR
TAI Initial �a
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT B
SCHEDULE OF HOURLY RATES AND REIMBURSABLE EXPENSES
2018 Schedule of Hourly Rates 2018 Reimbursable Expenses
Classification Billing Rate Item Unit Unit Price
Principal Engineer $225.00 Engineering Copies Sq.Ft. $0.29
Engineer VIII $219.00 1-249 Sq.Ft.
Engineer VII $193.00 Engineering Copies Sq.Ft. $0.27
Engineer Level VI $183.00 250-999 Sq.Ft.
Engineer Level V $158.00 Engineering Copies Sq.Ft. $0.25
Engineer Level IV $138.00 1000-3999 Sq.Ft.
Engineer Level III $125.00 Engineering Copies Sq.Ft. $0.23
Engineer Level II $113.00 3999 Sq.Ft.&Up
Engineer Level I $100.00 Mylar Engineering Copies Each $8.00
up to 24"by 36"
Engineering Intern $52.00
Senior Technician $155.00 Color Presentation Grade Sq.Ft. $5.15
Large Format Print
Technician Level IV $138.00
Technician Level III $125.00 Comb Binding> 120 Sheets Each $4.75
Technician Level II $109.00 Comb Binding< 120 Sheets Each $3.50
Technician Level I $98.00 Binding Strips(Engineering Plans)Each $1.00
GIS Specialist III $143.00
5 Mil Laminating Each $1.25
GIS Specialist II $109.00
GIS Specialist I $98 Copy 11"x 17" Each $0.50
-Color
Clerical Level III $88.00
ClericalCopy 11"x 17" Each $0.25
Level II $76 00
Black and White
Clerical Level I $64.00
Copy 8.5"x 11" Each $0.25
Professional Land Surveyor $183.00 -Color
Survey Crew Chief $155.00
Copy 8.5"x 11" Each $0.12
Survey Technician Level II $79.00 -Black and White
Survey Technician Level I $66.00 Recorded Documents Each $25.00
Department Director $183.00
Plat Research Time and
Prevailing Wage Survey Foreman** $185.00 Material
Prevailing Wage Survey Worker** $181.00
Per Diem Each Day $30.00
Sub Consultants Cost Plus 5%
**Rates will be escalated for Overtime&Holiday Pay Field/Survey Truck Each Day $45.00
to adjust for Premium Time based on the current
Illinois Department of Labor Rules Postage and Freight Cost
Note: On January P'of each year,the fees and hourly
rates may be escalated by an amount not to exceed Mileage Per Mile Federal Rate
five(5)percent.
Exhibit B
Schedule of Hourly Rates&Reimbursable Expenses
Page 2
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CLIENT Initial R1ROTTER
TAI Initial
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT C
SUPPLEMENTAL CONDITIONS
NONE AT THIS TIME
************************************************************************
**************
CLIENT InitialTROTTER
TAI Initial
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
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::itiaI
TR0TTEF
f] \ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT D
CONTRACT ADDENDUM
Project Name:
Project No.
Addendum No.
This is an addendum attached to,made part of and incorporated by reference into the Agreement between
CLIENT and ENGINEER for modification of scope and compensation for the PROJECT.All other terms
and conditions of the original Agreement between CLIENT and ENGINEER are unchanged by this
Contract Addendum and shall remain in full force and effect and shall govern the obligations of both
CLIENT and ENGINEER,including obligations created by this Contract Addendum.
The contract modifications are described below:
1.
2.
3.
CONTRACT SUMMARY
Original Contract Amount $
Changes Prior to This Change $
Amount of This Change $
Revised Contract Amount: $
For purposes of expediency,ENGINEER and CLIENT agree that an executed electronic version of this
Contract Addendum shall suffice. The original of this Contract Addendum shall be returned to
ENGINEER after execution.
CLIENT: ENGINEER:
[ ] TROTTER AND ASSOCIATES,INC.
SIGNED:
TITLE TITLE
Exhibit D
Contract Addendum
Page 2
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