HomeMy WebLinkAbout25-0108 ATI Restoration ono$
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January 8, 2025 4genda
Bid Item: #4 — "Tent City" Cleanup — OMNIA Partners Cooperative
Agreement ($2,500,000)
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 8th day of
.-�troVet , 2025, by and between the CITY OF ELGIN, an Illinois municipal corporation
(hereinafthr referred to as "CITY") and ATI Restoration, LLC, a Delaware limited liability
company authorized to do business in the State of Illinois (hereinafter referred to as
"CONSULTANT").
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with cleanup of certain city property consisting of an 8-acre
site adjacent to 375 N. State Street to 565 N. State Street between the Metra tracks and the Fox
River in Elgin, Illinois, and commonly known as "Tent City" (hereinafter referred to as the
"PROJECT"); and
WHEREAS, the CONSULTANT 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, it is hereby agreed by and between the CITY and the
CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration
of the mutual promises and covenants contained herein, the sufficiency of which is hereby
acknowledged to perform the services relating to the PROJECT as described herein, subject to
the following terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. The services to be provided CONSULTANT herein shall be furnished pursuant to
and in accordance with OMNIA Partners Purchasing Cooperative Contract No.
R2021.003053, dated August 5, 2021, incorporated herein by this reference (the
"OMNIA Agreement").
B. All work hereunder shall be performed under the direction of the Parks and
Facilities Superintendent of the CITY, herein after referred to as the
"SUPERINTENDENT".
C. The proposed scope of services to be provided by the CONSULTANT shall
include the following tasks:
1. Create haul road and access.
2. Work with Metra on access and crossing.
3. Demolition and removal of structures.
4. Removal of all trash.
5. Removal of all brush under 10"diameter.
6. Install fencing.
7. Provide site security.
8. Supply containers for items not disposed of immediately.
9.Proper disposal of all materials. Including proper cataloging and
transportation.
D. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. A detailed project schedule for the PROJECT is included as Attachment B,
attached hereto. Progress will be recorded on the project schedule and submitted
monthly as a component of the Status Report described in 2.B below.
B. The CONSULTANT will submit to the SUPERINTENDENT monthly a status
report keyed to the project schedule. A brief narrative will be provided identifying
progress,findings and outstanding issues.
3. WORK PRODUCT
All work product prepared by the CONSULTANT 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 SUPERINTENDENT; provided, however, that the
CONSULTANT may retain copies of such work product for its records.
CONSULTANT's execution of this Agreement shall constitute CONSULTANT's
conveyance and assignment of all right,title and interest, including but not limited to any
copyright interest,by the CONSULTANT to the CITY of all such work product prepared
by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either
on its own or through such other consultants 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
CONSULTANT.
4. PAYMENTS TO THE CONSULTANT(Not to Exceed Method)
A. For services provided the CONSULTANT shall be paid on a time and materials
basis based upon the direct hourly rate set forth in the published prevailing wage
rates for Kane County, Illinois, and industry standards for materials, such rates
being subject to approval of the CITY, with the total fee not to exceed Two
Million Five Hundred Thousand Dollars ($2,500,000) regardless of actual Costs
incurred by the CONSULTANT unless substantial modifications to the PROJECT
are authorized in writing by the SUPERINTENDENT.
B. For outside services provided by other firms or subcontractors, the CITY shall
pay the CONSULTANT the invoiced fee to the CONSULTANT. The costs for
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any such outside services are included within the total not to exceed amount
provided for in paragraph 4.A above.
C. Reimbursable expenses shall include postage, printing of drawings, and mileage
reimbursement. The costs of any such reimbursable expenses are not included
within the total lump sum amount provided for in paragraph 4.A above and shall be
invoiced separately by the CONSULTANT at CONSULTANT's direct cost.
Mileage reimbursement will be at current IRS rates. The total costs of any such
reimbursable expenses shall not exceed the total amount of$1000.00,regardless of
the actual costs incurred by the CONSULTANT.
D. The CITY shall make periodic payments to the CONSULTANT based upon
actual progress within thirty(30) days after receipt and approval of invoice. Said
periodic payments to the CONSULTANT shall not exceed the amounts shown in
the following schedule,and full payments for each task shall not be made until the
task is completed and accepted by the SUPERINTENDENT.
Phase %of Fee
Mobilization 25%
Completion of project 75%
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports(2.B above)will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work
done under this Agreement. The CONSULTANT shall make these records
available at reasonable times during the Agreement period and for one (1) year
after termination of this Agreement.
6. 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 CONSULTANT. In the event
that this Agreement is so terminated, the CONSULTANT 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 4
above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a
notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be
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deemed concluded on the date the CITY determines that all of the CONSULTANT's
work under this Agreement is completed. A determination of completion shall not
constitute a waiver of any rights or claims which the CITY may have or thereafter
acquire with respect to any term or provision of this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY, the CONSULTANT shall give written notice of his 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 CONSULTANT's fee
shall be valid only to the extent that such changes are included in writing signed by the
CITY and the CONSULTANT. Regardless of the decision of the SUPERINTENDENT
relative to a claim submitted by the CONSULTANT, all work required under this
Agreement as determined by the SUPERINTENDENT shall proceed without
interruption.
9. BREACH OF CONTRACT
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 CONSULTANT pursuant to
Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the
CITY for monetary damages. CONSULTANT 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 CONSULTANT 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.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT 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, attorneys 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
CONSULTANT in connection herewith, including negligence or omissions of employees
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or agents of the CONSULTANT 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 expiration, completion and/or termination of this Agreement.
11. 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.
12. INSURANCE
CONSULTANT shall provide, maintain and pay for during the term of this Agreement
the following types and amounts of insurance:
A. Comprehensive Liability. A policy of comprehensive general liability insurance
with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000
aggregate for property damage.
The CONSULTANT shall deliver to the SUPERINTENDENT a Certificate of
Insurance naming the CITY as additional insured. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
SUPERINTENDENT.
The Certificate of Insurance shall include the contractual obligation assumed by
the CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory 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.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of
not less than$500,000 per occurrence for bodily injury and/or property damage.
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 CONSULTANT shall carry CONSULTANT'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
claim. A Certificate of Insurance shall be submitted to the SUPERINTENDENT
as evidence of insurance protection. The policy shall not be modified or
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terminated without thirty (30) days prior written notice to the
SUPERINTENDENT.
13. TERMS AND CONDITIONS
This Agreement shall be subject to the terms and conditions contained herein and as
provided by Attachment A, Attachment B, and the OMNIA Agreement. In the event of
any conflict between any of the terms and provisions of this Agreement and either
Attachment A, Attachment B, or the OMNIA Agreement, then the terms and provisions
of this Agreement shall supersede and control. In the event of any conflict between either
Attachment A or Attachment B and the OMNIA Agreement, the terms and provisions of
Attachment A and/or Attachment B shall supersede and control.
14. NONDISCRIMINATION/AFFIRMATIVE ACTION
The CONSULTANT 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. CONSULTANT shall
take affirmative action to comply with the provisions of Elgin Municipal Code Section
5.02.040 and will require any subcontractor to submit to the City a written commitment
to comply with those provisions. CONSULTANT shall distribute copies of this
commitment to all persons who participate in recruitment, screening, referral and
selection of job applicants and prospective subcontractors. Consultant 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.
15. 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.
16. DELEGATIONS AND SUBCONTRACTORS
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Any assignment, delegation or subcontracting shall be subject to all the teams, conditions
and other provisions of this Agreement and the CONSULTANT shall remain liable to the
CITY with respect to each and every item, condition and other provision hereof to the
same extent that the CONSULTANT 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.
17. 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.
18. SEVERABILITY
The parties intend and agree 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.
19. 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.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitute 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.
21. 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.
22. NEWS RELEASES
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The CONSULTANT may not issue any news releases without prior approval from the
SUPERINTENDENT, nor will the CONSULTANT make public proposals developed
under this Agreement without prior written approval from the SUPERINTENDENT prior
to said documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or
any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT 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.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT 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.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request(775 ILCS 5/2-105).
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONSULTANT shall have in place a written substance
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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 City's Assistant City Manager prior to the entry
into and execution of this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the
DIRECTOR and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing. The SUPERINTENDENT may also require other
recommendations and communications by the CONSULTANT be made or confirmed in
writing.
28. NOTICES
All notices,reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid,addressed as follows:
A. As to the CITY:
Greg Hulke
Parks and Facilities Superintendent
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to the CONSULTANT:
(t S- o ��HL Rc).`i S
29. 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
CONSULTANT 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,CONSULTANT hereby certifies,represents and warrants
to the CITY that all CONSULTANT's employees and/or agents who will be providing
products and/or services with respect to this Agreement shall be legally authorized to
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work in the United States. CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance
with the provisions of this paragraph. In the event the CITY proceeds with such an audit
the CONSULTANT shall make available to the CITY the CONSULTANT's relevant
records at no cost to the CITY. CONSULTANT shall pay any and all costs associated
with any such audit.
30. 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 electronically, and any signed copy of this Agreement transmitted by facsimile
machine or email 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
or email shall be considered for these purposes an original signature and shall have the
same legal effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Agreement effective as of the date and year first written above.
CITY 0 .
By:'C 6
Richard G.Kozal, City Manager
A s . 4/7)7//// 1
City Clerk
CONSULT NT:
,...___ 71
By: 40/1.4, AA
Name rmt: /S54.5/7/n/T ij .P/CJ..." /"/S/e____
Title: Ate/ Fie,1
Legal Dept\Agreement\ATI Tent City Cleanup Agr-clean-1-3-25.docx
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ATTACHMENT A
SCOPE OF SERVICES
8-acre Site Adjacent to 375 N.State to 565 N. State between Metra tracks and the Fox
River in Elgin
1.ATI proposes to create a 12ft wide and 12"deep gravel haul-access road adjacent to the Metra
tracks with an approved crossover.
a.ATI is aware of the rolling topography with elevation variations up to 30 feet.We have
planned to have an OSHA approved rope team to handle the debris on the embankment of the
river
b.ATI will also supply onsite up to 2 dedicated safety o cers to maintain job site safety
including daily,job hazard analysis reports
c. ATI will also supply a job site expeditor onsite to record and document all debris leaving the
job site by truck and trailer number and also document any personal items that are salvageable
that are left behind.
d.ATI will also supply 2 trained individuals who will positioned on either end of the tracks with
closed circuit radios to inform the team working on inbound train tra c to ensure not only
personnel safety but track safety.
2.Work with Metra to schedule track access and possible delays in needed
3.Demolition and removal of approximately 70 structures of various construction
a. Tents
b. Shelters constructed of various materials
i.Pallets
ii.Tarps
iii.Crates
iv. Building materials
v. Fire pits
vi.Ventilation materials
4.Removal of all trash over the 8-acre site
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5.Removal of all trees and brush under 10"in diameter-shredding onsite in a professional
manner
6.Tree pruning as necessary
7. River pollution protection-to include at least a 2-man boat team and floating barriers if
necessary or able due to weather conditions and river conditions.
8. Safe,secure,and logged removal of all bio-hazard materials with transportation records
9. Provide protocol for discovery/removal of human remains—Police involvement
10. Site security is needed for the safety of workers as well as the security of the site itself to
prevent re-entry,this will include up to 1 mile of 6ft high chain link fencing with daily
inspections
11. Permanent or temporary fence installation to protect the integrity of the site going forward
12. Cataloging and labeling of all salvageable materials found during demolition,at city
discretion
13. Proper cataloging,labeling,disposal,and transportation records for all materials removed
from the site during cleanup
14. ATI will also supply portal lighting for site use
15.ATI will supply portal containers to safely store equipment and personal items during the
cleanup-ATI will then store those items in our secure warehouse for up to 30 days or as directed
by the City of Elgin. At which time if they are not claimed they will be disposed of with the
approval of the City of Elgin.
16.ATI proposes 10-hour working days Monday through Friday.
17. ATI Proposes to use the city-owned land,with their approval between 402 and 348 State St
as a staging area,ATI will install a gravel parking lot for vehicle parking and staging and restore
the land back to its original state once the project is completed.ATI will hold harmless the city
of Elgin with the use of the property.
18.ATI will coordinate the 24/7 security of the property during this project,ATI will hold daily
briefings with a member of the Elgin Police Department.ATI nor their designated agent,will not
detain any individual on the property,however, they will observe and immediately notify Elgin
Police for assistance if the nature arises.
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ATTACHMENT B
PROJECT SCHEDULE
Week of Jan 20th 2025 pending weather and starting at the direction of the City of Elgin
1) Mobilization and construction of stone haul road for access
2) Begin marking areas with stakes for sections of 50FT wide and the length of the river
3) Begin Marking trees with marking tape for cutting done
4) Delivery of Equipment
5) Building temp parking on city lot across the street
Week of Jan 27th 2025
1) Removal of Section 1 through Section 4 of structures and debris from the property
2) Begin working on garbage removal from the embankment with the river
3) Removal of Trees in these sections as well
Week of Feb 3rd 2025
1) Removal of Sections 5 through Section 10 of structures and debris
2) Continued work on the debris removal from the embankment with the river
3) Removal of Trees in these sections as well
Week of Feb 10th 2025
1) Removal of Sections 11 through 15 of debris all major structures and tents should be
removed at this point
2) Embankment should be clear at this point
3) Removal of Trees in these sections as well
Week of Feb 17th 2025
1) Removal of Sections 16 through Section 25 of debris
2) Removal of Trees in these sections as well
Week of Feb 24th 2025
1)All structures and debris should be removed at this point
2)The majority of trees should be cut down and shredded at this point as well
3) Demobilization should begin
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