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HomeMy WebLinkAbout24-61 Resolution No. 24-61 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES.IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green, Inc., for professional services in connection with the review of Kane County storm water applications and/or civil engineering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2024 Adopted: February 28, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 28th day of February , 2024, 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 it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, 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 under the Kane County Stormwater Ordinance (hereinafter 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 https://library.municode.com/il/elgin/codes/code of ordinances 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 1 by the ENGINEER and no compensation shall be due to the ENGINEER unless the ENGINEER receives a written assignment for work from 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 County Stormwater Application or a complete civil engineering site/subdivision plans or structural submittals as defined by Title 21 of the Elgin Municipal Code, as amended. A notice of an incomplete submittal shall be sent to the CITY within five(5)working days. B. For CONSTRUCTION INSPECTION, The ENGINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed to the developers Schedule included in the submittal and as defined by the ordinances, standards and specifications referred to in Section I.C. hereof. III. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies,photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the ADMINISTRATOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest,including but not limited to any copyright interest,by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed based on the actual units of work provided and the attached Schedule of Fees attached hereto as "Exhibit B". B. In the event that this agreement extends more than twelve(12)months beyond the date of execution, ENGINEER, on or before February 1st of any calendar year, shall provide written notice to the CITY of any change in the ENGINEER'S rates specified in Section II.A hereof,and said changes shall be effective for assignments of work made on and after May 1st of that same calendar year. C. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus_0_%(Initial_rip ). 2 D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of submitted invoices. Said periodic payments to the ENGINEER for each task shall not be made until the task is completed and accepted by the ADMINISTRATOR. 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.above),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATOR to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI.TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII.TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the CITY determines that all of the ENGINEER'S work under this agreement is completed but no later than December 31, 2028. A determination of completion shall not constitute a waiver of any rights or claims that the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of 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 ENGINEERS fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the ADMINISTRATOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the ADMINISTRATOR shall proceed without interruption. IX. BREACH OF CONTRACT 3 If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and, in addition,if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to, the Local Government Prompt Payment Act(50 ILCS 501/1, 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 ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. X.INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph 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 this Agreement. XII.INSURANCE The ENGINEER shall provide, maintain, and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance 4 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 ADMINISTRATOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the ADMINISTRATOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the ADMINISTRATOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the ADMINISTRATOR. XIII. CONSTRUCTION MEANS. METHODS, TECHNIOUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age,ancestry, order of protection status, familial status,marital status,physical or mental disability,military status,sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to 5 submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. 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 ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX.HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 6 XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI.APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. XXII. NEWS RELEASES 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 and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. 7 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 XXX. XXVIII. SUBSTANCE ABUSE PROGRAM As a condition of this agreement,ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the ADMINISTRATOR prior to the entry into and execution of this agreement. XXIX. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. XXX.COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed 8 electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. As to CITY: As to ENGINEER Ronald L. Rudd,P.E. Ajay Jain,P.E.,CFM City Engineer/Administrator President City of Elgin HR Green Inc. 150 Dexter Court 1391 Corporate Drive, Suite 203 Elgin,Illinois 60120-5527 McHenry, IL 60050 (847)931-6081 815-759-8331 rudd recityofelgin.org ajain@hrgreen.com SIGNATURE PAGE FOLLOWS 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 pijae6 By l'drr4Oe6: ;--,' Kim Dewis Rick Kozal City C1e* City Manager (SEAL) For the ENGINEER: Dated this 1-2 , 1 day of Fe brs. , A.D.,2024. ATTEST: By 76U., 0-to\l1,ct \1 ` By Christine Borgerdjrtg A ay Jain,P.E., CFM Notary Public President (SEAL) Legal Dept\Agrecment\Consultant Engineering Services Agr-Kane Cty Stom Water-2024-Clean-2-I9-24.docx CHRISTINE BORGERDING Official Seal Notary Public-State of Illinois ( 0 My Commission Expires Sep 17, 2025 anirwmFoonant 10 Exhibit"A" SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City of Elgin's Administrator as defined by the Kane County Stormwater Ordinance effective January 1, 2002, as adopted by the City of Elgin on December 19, 2001 and as amended from time to time by the CITY. Work may also be performed under the 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 limited to the following services: I. REVIEW,COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submittal, civil site plan submittal, civil subdivision submittal or structural submittal(i.e., lift stations,bridges,etc.),ENGINEER shall notify the CITY of his/her approximate cost, inspect the property under development consideration and log project in/out. 2. ENGINEER shall attend meetings with City staff and the applicant seeking a permit from the CITY. The ENGINEER shall prepare minutes for said meetings and will represent the City in any disputes with other agencies or the applicant. 3. Within fifteen(15)working days of receiving the developer's submittal,the ENGINEER shall submit to the ADMINISTRATOR a letter approving the application or detailing the items that need to be addressed in order to obtain a letter of approval. A notice of an incomplete subm i tta I shall be sent to the CITY within five(5)working days. 4. The ENGINEER shall review, assist and advise the CITY in storm water and engineering matters including, but not limited to, soil erosion and sedimentation control, storm water runoff, soil analysis, natural resources, tree surveys, tile surveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, street construction, horizontal and vertical street control, water main, sanitary sewer and storm sewer layout and design and all generally accepted engineering improvements. 5. The ENGINEER shall provide general review of the Preliminary and Final Plans,Plats, Storm water Submittals and supporting documents (computations, design parameters, reports. opinion's of probable cost, etc.) hereinafter referred to as 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 and PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route storm water runoff through proposed subdivisions and land developments and to consult and render advice on the design of storm water conveyance and storage facilities, including the issuance of narrative reports and design guidelines to assist the CITY in their review and plat approval process. City of Elgin Engineering Agreement Scope of Services 7. The ENGINEER shall represent the CITY relative to property conveyance, homeowners associations, conditions and restrictions, operation manuals, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall insure all notifications as required by the Kane County Stormwater Ordinance are properly prepared,executed and mailed to the 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 the means, methods or techniques of the project. II.CONSTRUCTION INSPECTION AND DOCUMENTATION 1. ENGINEER shall provide a project representative,assistants,and other field staff to assist the CITY in observing the progress of and performance by developers and their contractors, agents,etc. at specific project sites as more fully described below: a. Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with 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 work; he shall not be responsible for the means,methods,techniques,sequences or procedures 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 site 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 contractor(s)or agents to perform the construction work in accordance with the approved 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 developers or their contractor(s) and may recommend that the CITY reject the work as failing to conform to the approved and permitted plans. b. The ENGINEER shall attend meetings with developers and their respective contractor(s) such as preconstruction conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate copies of meeting minutes thereof. c. The ENGINEER shall serve as liaison between CITY and developers in conveying information and project status reports and in obtaining from developers additional details or information required to evaluate the project. d. Within three(3)working days,report to the CITY the discovery of an unsatisfactory, faulty or defective work which the ENGINEER believes would not conform to the approved and permitted plans or work that has been damaged or does not meet the requirements of any inspection, test or approval required to be made, and advise the CITY of any work that ENGINEER believes should be corrected or rejected or City of Elgin Engineering Agreement Scope of Services should be uncovered for observation or requires special testing inspection or approval. e. The ENGINEER shall consider and assist the CITY in evaluating suggestions or requests made by developers and developers consultants for modifications in approved and permitted plans and transmit to developer 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 when major tests are scheduled, and assist the CITY in conducting final inspections 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, review applications for partial and complete release of financial surety posted by developers and make recommendations to the CITY. Such recommendations will constitute a representation to the CITY, based on such observations 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 in accordance with the approved and permitted plans (subject to an evaluation of the work as a functioning project) upon substantial completion, to the results of any subsequent tests called for in the approved and permitted plans, and to any qualification for payment. The ENGINEER will not be deemed to have represented that he has made any examination to determine how or for what purposes 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 has passed to the CITY free and clear of any lien, claims, security interests or encumbrances. h. In conducting periodic job site observations and providing construction review services, the ENGINEER shall be bound by certain limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviations from the approved and permitted plans or substitution of materials or equipment without the approval of the CITY following receipt and review of a properly documented request by developer accompanied by a concurrence and/or amended plan document from the developer's professional engineering consultant. ii. ENGINEER shall not undertake any of the responsibilities of developer and/or developer's contractors or agents. iii.ENGINEER shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction by contractors engaged by developer. ENGINEER shall instead notify the CITY,within five(5)working days, and relay instructions from CITY to developer. ENGINEER shall instead notify the CITY,within five(5)working days,and relay instructions from CITY to developer. City of Elgin Engineering Agreement Scope of Services iv.ENGINEER shall not advise on, issue directions regarding, or assume control over safety precautions,traffic controls or safety 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 of developers, issue an opinion as to content and completeness,and evaluate the Record drawings to determine whether or not they demonstrate the project was constructed in substantial accordance with the approved and permitted plans and design intent and/or prepare a list of observed or apparent deficiencies.On behalf of the CITY,relay such comments and lists of deficiencies to developer,conduct follow- up inspections with the CITY representatives to check remedial measures undertaken by developer, and issue a final project status report and recommendation for release of financial surety. City of Elgin Engineering Agreement Scope of Services EXHIBIT B 1 I-1-3)J HR GREEN Billing Rate Schedule HRGreen Effective January 1, 2024 Professional Services Billing Rate Range Principal $250- S370 Senior Professional $250- $370 Professional $170- $250 Junior Professional $100- $175 Senior Technician $130- $180 Technician $75- $145 Senior Field Personnel $140- $225 Field Personnel $100- $170 Junior Field Personnel $75- $125 Administrative Coordinator $75-$130 Administrative $75- $130 Corporate Admin $100- $160 Operators/Interns $75- $150 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. 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$0.90 per mile or$85.00 per day. 3. Charges for sub-consultants will be billed at their invoice cost plus 15%. 4. A rate of$6.00 will be charged per HR Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. ACO DATE(MMJDDIYYYYI `� CERTIFICATE OF LIABILITY INSURANCE 2/5/2024 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 have ADDITIONAL INSURED provisions or 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 CONTNAME: Mary Mary McLaughlin Holmes Murphy&Associates PH FAX 2727 2727 Grand Prairie Parkway PHONEExth g1g.8g6-766g I Waukee IA 50263 ADDRESS: mmclaughtin@holmeamurphy.com INSURER(S)AFFORDING COVERAGE NAIL• BSURER A:Travelers Properly Casualty Co.America 25674 INSURED GRECOMPC INSURER B:XL Specialty Insurance 37885 HR Green. Inc. 323 Alana Dr INSURER C:ZURICH AMERICAN INS CO 16535 New Lenox. IL 60451 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1525522856 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 POpLIL�CCY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYYI (MMIDDIYYYY) C X COMMERCIALGENERALUABILITY GL0373098714 1/1/2024 1/1/2025 EACH OCCURRENCE 82,000,000 1 CLAIMS-MADE X OCCUR —DAMAGE PREMISES Ea occurrence) S 300,000 MED EXP(My one person) S 10,000 PERSONAL&ADV INJURY S 2,000,000 GEM AGGREGATE UMR APPLIES PER GENERAL AGGREGATE S 4,000,000 POIJCY X Plcy43. X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: S C 'AUTOMOBILE LIABILITY j BAP373096814 1/1/2024 1/1/2025 (COMBINEDDtSINGLELIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED ^SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PR PERTYDAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) S A X UMBRELLA LIAB X Or`.CUR CUP8S97473324 1/1/2024 1/1/2025 EACH OCCURRENCE S10,000,000 EXCESS LIAB CLAIMS-MADE I AGGREGATE _ 810,000,000 DED X 1 RETENTIONS 1n11n0 pE S C WORKERS COMPENSATION VVC373096614 1/1/2024 1/1/2025 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L.EACH ACCIDENT S 1,000,000 OFFICERTMEMBEREXCLUDED? NIA - - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under -. - -- -- -DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT S 1,000,000 B Professional Liability DPR5021484 1/1/2024 1/1/2025 Per Clam 5,000.000 (Clams Made Coverage) , Aggregate 10 000.000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 2402007: Elgin. IL-Professional Engineering Review Services.Kane County The City of Elgin is included as an Additional Insured on the General Liability on a primary and non-contributory basis 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Elgin ACCORDANCE WITH THE POLICY PROVISIONS. Ronald L. Rudd. PE 150 Dexter Court Elgin IL 60120 AUTHORIZED REPRESENTATIVE USA 4 u• On , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD This endorsement. effective 12:01 a.m.. 01/01/2024 forms a part of Policy No. DPR5021484 Issued to Green Companies. Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF POLICY CANCELLATION—BLANKET NOTICE TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following: PROFESSIONAL. ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY—ARCHITECTS. CONSULTANTS AND ENGINEERS Section XI. OTHER CONDITIONS. Paragraph A. Cancellation is amended by the addition of the following: In the event that the Company cancels or non-renews this Policy during the POLICY PERIOD,the Company agrees to provide thirty (30) days' prior written notice of cancellation or non-renewal of this Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation or non-renewal of this Policy, provided that: 1. The Company receives. at least thirty (30)days prior to the date of cancellation or non-renewal, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice: and 2. The written request includes the name, address and email of each person or entity designated by the NAMED INSURED to receive such notice. The Company will assume that the list provided to the company by the NAMED INSURED is a complete and accurate list. This endorsement does not apply to non-renewal of the Policy at the end of the POLICY PERIOD or cancellation of the Policy for non-payment of premium to a premium finance company authorized to cancel the Policy. Furthermore. nothing contained in this endorsement shall be construed to provide any rights under the Policy to the entities receiving notice of cancellation pursuant to this endorsement. nor shall this endorsement amend or alter the effective date of cancellation stated in the cancellation notice issued to the NAMED INSURED. All other terms and conditions of the Policy remain unchanged. LDD 465 0620 Page 1 of 1 11/29/2023 3:42:49 PM Cc)2020 X.L. America. Inc. All Rights Reserved. May not be copied without permission. 0 Additional Insured —Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. GL0373096714 01/01/2024 01/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: HR Green, Inc. Address(including ZIP Code): 323 Alana Dr New Lenox, IL 60451 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section ll—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard",which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2of2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Blanket Notification to Others of Cancellation Z U R I C H or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL0373096714 Effective Date: 01/01/2024 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1.or Paragraph B.2.above. C. Our mailing or delivery of notification described in Paragraphs A.and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-GL-1521-B CW(01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A.and B.of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph B.1.of * this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph B.2.of ** this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. U-GL-1521-B CW(01/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.