HomeMy WebLinkAbout26-95 Resolution No. 26-95
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
FOX RIVER WATER RECLAMATION DISTRICT FOR DEBRIS REMOVAL,TREE
REMOVAL, FENCING, AND RELATED SITE CLEAN-UP WORK AT THE FORMER
"TENT CITY"PROPERTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with Fox
River Water Reclamation District,for debris removal,tree removal,fencing,and related site clean-
up work at the former "Tent City" property, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 27,2026
Adopted: May 27, 2026
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN
AND THE FOX RIVER WATER RECLAMATION DISTRICT
FOR DEBRIS REMOVAL,TREE REMOVAL,FENCING,
AND RELATED SITE CLEAN-UP WORK
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made and entered into as
of the date last signed below (the "Effective Date"), by and between the CITY OF ELGIN, an Illinois
municipal corporation and home rule unit of local government(the"City"),and the FOX RIVER WATER
RECLAMATION DISTRICT,a sanitary district of Kane and Cook Counties, Illinois,organized under the
Sanitary District Act of 1917, 70 ILCS 2405/1 et seq. (the "District"). The City and the District are each
referred to individually as a"Party"and collectively as the"Parties."
RECITALS
WHEREAS, the District owns certain real property commonly known as 571 Frazier Avenue,
Elgin, Illinois 60123, identified by the County of Kane as Parcel Number 06-11-331-002, and improved
with a water reclamation facility and related public infrastructure(the"District Property");and
WHEREAS, the City owns certain real property located south of and adjacent to the District
Property,commonly known as 375-565 North State Street, Elgin, Illinois 60123, identified by the County
of Kane as Parcel Numbers 06-14-203-003 and 06-14-203-006,and commonly referred to by the Parties as
the former"Tent City"property(the"City Property");and
WHEREAS,the City Property and the District Property are adjacent to one another and to other
critical public infrastructure, and the Parties desire to coordinate limited debris removal, tree removal,
fencing,and related site clean-up work on portions of the City Property and the District Property;and
WHEREAS, the City intends to engage ATI Restoration, LLC, or an affiliated ATI entity
acceptable to the City("ATI"), pursuant to a written agreement between the City and ATI, together with
any purchase order, addendum, acknowledgment, exhibits, schedules, amendments, or other written
contract documents approved by the City (collectively, the "ATI Agreement"), to perform certain debris
removal, tree removal, fencing, and related site clean-up work described generally in ATI's Scope Letter
dated April 1,2025,attached as Exhibit A and incorporated herein(the"ATI Scope Letter");
WHEREAS,the work to be performed by ATI under the ATI Agreement is referred to herein as
the"Project Work,"the portion of the Project Work performed on or for the benefit of the City Property is
referred to herein as the"City Work,"and the portion of the Project Work performed on or for the benefit
of the District Property is referred to herein as the"District Work";
WHEREAS, for administrative efficiency, project coordination, and consistency with the City's
engagement of ATI for work on the City Property, the City is willing to contract directly with ATI, pay
ATI in the first instance, and seek reimbursement from the District for the portion of the work performed
on or for the benefit of the District Property;and
WHEREAS,the District desires to permit ATI to enter the District Property for the limited purpose
of performing the District Work approved by the District, and the District is willing to reimburse the City
for the actual,reasonable,and documented cost of the District Work,subject to the terms of this Agreement;
and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage units of local
government to cooperate and contract with one another in the exercise of their powers and the performance
of their responsibilities;and
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WHEREAS,the Parties enter into this Agreement to define the scope of cooperation,access rights,
reimbursement obligations, contractor requirements, change control, documentation, and related matters
for the limited project described herein;and
NOW,THEREFORE,in consideration of the foregoing recitals,the mutual covenants contained
herein,and other good and valuable consideration,the receipt and sufficiency of which are acknowledged,
the Parties agree as follows:
1. Incorporation of Recitals.The foregoing recitals are incorporated into and made a part
of this Agreement.
2. Engagement of ATI&Required Terms.
a. The City shall contract directly with ATI for the Project Work. The District shall
not be a party to the ATI Agreement, shall have no direct payment obligation to ATI, and shall not be
responsible for ATI's means, methods, techniques, sequences, procedures, supervision, site safety,
personnel,subcontractors,equipment,materials,or performance.
b. Before ATI commences any District Work,the City shall cause the ATI Agreement
to include the contractor requirements attached as Exhibit B and incorporated herein(the "Required ATI
Terms"), whether by incorporation, addendum, purchase order terms, written acknowledgment, or other
written instrument reasonably acceptable to the District.The City shall provide the District with a copy of
the executed ATI Agreement, or the portion thereof incorporating the Required ATI Terms, before
authorizing ATI to enter the District Property,unless the District waives that requirement in writing.
c. The City's obligation with respect to the Required ATI Terms is to obtain and
administer those terms in the ATI Agreement. The City does not guaranty ATI's workmanship, safety
practices,compliance, financial condition,insurance coverage, payment of subcontractors or suppliers,or
performance of the District Work, except to the extent a claim arises from the City's own breach of this
Agreement or from the negligent, willful and wanton, or intentional acts or omissions of the City or its
officers,officials,employees,agents,or representatives.
d. If All refuses to accept the Required ATI Terms, the District may withhold
authorization for District Work,withhold reimbursement for work not authorized under this Agreement,or
approve modified terms in writing. No failure by the City to obtain modified ATI terms shall obligate the
District to reimburse costs that the District has not otherwise approved in writing.
3. Access to District Property. The District hereby grants ATI a limited, temporary,
revocable license to enter the District Property solely to perform the District Work approved under this
Agreement. The license does not create an easement, lease,possessory interest, property right, or right of
continuing access. ATI's access shall be limited to the areas, dates, times, routes, staging locations,
equipment locations, fencing alignment, gate locations, and work limits approved by the District's
Executive Director, or his designee, in writing. ATI shall not enter restricted operational areas,connect to
or use District utilities, disturb District infrastructure, impair District operations, or interfere with District
personnel,contractors,equipment,facilities,security systems,access roads,or utility infrastructure,except
as expressly approved in writing by the District. The District may suspend or restrict ATI's access to the
District Property if the District determines that suspension or restriction is reasonably necessary to protect
public health, public safety, District operations,District infrastructure, security,the environment,or legal
compliance.The District shall notify the City as soon as practicable of any such suspension or restriction.
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4. Reimbursement by District.
a. Subject to this Agreement, the District shall reimburse the City for the actual,
reasonable,and documented costs paid by the City to All and properly allocable to the District Work under
the ATI Agreement(the "Project Costs"), in an amount not to exceed $550,000.00 (the "Reimbursement
Cap"), unless the District approves an increase in writing before the additional costs are incurred. The
District shall have no obligation to reimburse the City for costs that are not actual,reasonable,documented,
allocable to the District Work, consistent with the ATI Agreement and the Required ATI Terms, and
approved in accordance with this Agreement.
b. The District shall not be responsible for costs allocable to the City Work, City
administrative expenses,City staff time,City legal fees,City overhead,late fees,finance charges,penalties,
disputed charges,unauthorized change orders,defective work,rework caused by ATI,or costs arising from
ATI's noncompliance with the ATI Agreement,applicable law, or the Required ATI Terms.
c. The City shall submit reimbursement requests to the District with documentation
reasonably sufficient to permit District review and claims approval. Documentation shall include, as
applicable, ATI invoices; time records; labor classifications; equipment descriptions, rates, and usage;
material receipts;disposal tickets or manifests;subcontractor invoices;approved change orders;certificates
of insurance;additional insured endorsements;lien waivers or releases;proof of the City's payment to ATI;
and a written allocation of costs between the City Work and the District Work.
d. The District shall pay undisputed amounts within forty-five(45)days after receipt
of a complete reimbursement request and approval through the District's ordinary claims approval process,
subject to lawfully available funds and applicable law. Payment by the District shall not constitute
acceptance of defective or incomplete work, approval of unsupported charges, waiver of warranty or
correction rights, or waiver of any rights under this Agreement.
e. The District may withhold disputed amounts pending receipt of additional
documentation, correction of defective work, resolution of allocation issues, confirmation of insurance or
lien-waiver requirements, or resolution of material noncompliance with this Agreement. The Parties shall
confer in good faith to resolve disputed reimbursement items.
5. Change Orders; Additional Work. No change order, additional work, expanded scope,
material substitution, schedule acceleration,emergency work,or other change affecting the District Work,
District Property,District operations,District infrastructure,or the District's reimbursement obligation shall
be binding on the District unless approved in writing by the District's Executive Director,or his designee,
before the work is performed.The City may approve changes affecting only the City Work without District
approval, provided that such changes do not affect the District Property, the District Work, District
operations, District infrastructure, or the District's reimbursement obligation. If emergency conditions
require immediate action to protect persons, property, public health, public safety, District infrastructure,
or the environment, the City may authorize ATI to take the minimum reasonable action necessary to
stabilize the condition. The City shall notify the District as soon as practicable, and the Parties shall
promptly determine whether the resulting costs are properly allocable to the District Work and reimbursable
under this Agreement.
6. Completion; Inspection; Administration of Post-Completion Obligations.
a. Upon substantial completion of the District Work,the City shall notify the District
and provide reasonable supporting documentation. The District shall have a reasonable opportunity to
inspect the District Work and identify incomplete, defective, damaged, or nonconforming work. The
District shall issue written confirmation of completion when the District reasonably determines that the
District Work has been completed in accordance with this Agreement, subject to latent defects, warranty
rights,correction obligations,and any punch-list items identified by the District.
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b. The City shall use best efforts to administer and enforce, for the benefit of the
District, ATI's warranty, correction, repair, replacement, completion, lien-waiver, documentation,
insurance, indemnity, and other contractor obligations set forth in the ATI Agreement and the Required
ATI Terms; provided, however, that the City shall not be responsible for ATI's failure to perform those
obligations except to the extent caused by the City's own breach of this Agreement or by the negligent,
willful and wanton,or intentional acts or omissions of the City or its officers,officials,employees,agents,
or representatives.
7. Site Conditions; No District Warranty. As between the Parties, the District makes no
representation or warranty to the City concerning the physical, environmental, subsurface, geotechnical,
structural, utility, access, safety, quantity, cost, or other condition of the District Property, except as
expressly stated in this Agreement.Nothing in this Agreement shall be construed to expand, limit, waive,
or release any responsibility of either Party for environmental conditions, hazardous materials, regulated
waste,contamination,or other site conditions to the extent imposed by applicable law.
8. Mutual Indemnification Between the Parties.
a. To the fullest extent permitted by law,the City shall indemnify and hold harmless
the District and its trustees, officers, officials, employees, agents, attorneys,and representatives from and
against claims, liabilities, damages, fines, penalties, liens, losses, costs, and expenses, but not including
attorneys' fees,to the extent arising out of or resulting from the negligent,willful and wanton,or intentional
acts or omissions of the City or its officers, officials,employees, agents, or representatives in connection
with this Agreement.
b. To the fullest extent permitted by law, the District shall indemnify and hold
harmless the City and its officers, officials, employees, agents, attorneys, and representatives from and
against claims, liabilities, damages, fines, penalties, liens, losses, costs, and expenses, but not including
attorneys' fees,to the extent arising out of or resulting from the negligent,willful and wanton,or intentional
acts or omissions of the District or its trustees, officers, officials, employees, agents, or representatives in
connection with this Agreement.
c. No Party shall be required to indemnify another Party for that other Party's own
negligence,willful and wanton misconduct,intentional misconduct,breach of this Agreement,or violation
of law. Nothing in this Agreement waives or limits any immunity, defense, limitation, or protection
available to either Party under the Local Governmental and Governmental Employees Tort Immunity Act,
745 ILCS 10/1-101 et seq.,or any other applicable law.
9. No Consequential Damages Between the Parties. Neither Party shall be liable to the
other Party for consequential,incidental,indirect,special,exemplary,or punitive damages arising out of or
relating to this Agreement, including lost profits, loss of revenue, loss of use, loss of financing, loss of
opportunity,or business interruption damages. This Section shall not limit either Party's obligation to pay
approved reimbursement amounts, indemnify the other Party for third-party claims to the extent required
by Section 8,respond to equitable relief,or comply with applicable law.
10. Records; FOIA; Audit. The City shall maintain, and shall require ATI to maintain,
records sufficient to document the District Work and Project Costs for not less than five(5)years after final
reimbursement by the District, or longer if required by law or if a claim, audit, dispute, litigation,
investigation, or public records request is pending. The City shall provide the District, upon reasonable
request,copies of records reasonably necessary to verify Project Costs,evaluate District Work, respond to
claims, process audits, respond to requests under the Illinois Freedom of Information Act, or enforce this
Agreement. The City shall require ATI to provide records necessary for those same purposes, subject to
lawful exemptions,privileges,confidentiality restrictions,and redactions applicable under law.Nothing in
this Agreement shall be construed to require either Party to disclose records exempt from disclosure under
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applicable law, waive attorney-client privilege, waive attorney work-product protection, or disclose
security-sensitive or protected infrastructure information except as required by law.
11. Compliance With Law; City Permits and Approvals. Each Party shall comply with
applicable federal, state, and local laws, ordinances, rules, and regulations in performing its obligations
under this Agreement.The City shall,at no cost to the District,issue,grant,waive,coordinate,or otherwise
provide all City-controlled permits, approvals, inspections, reviews, authorizations, right-of-entry
confirmations,access approvals,and related municipal approvals necessary or appropriate for the District
Work, to the fullest extent permitted by law. The City shall use best efforts to expedite any such City-
controlled permits,approvals, inspections, reviews,or authorizations.
12. No Property Transfer; No Partnership; No Agency. This Agreement does not convey,
transfer,lease,dedicate,encumber,or otherwise affect title to any real property.Any access granted to ATI
under this Agreement is a temporary license only and is limited to the performance of the District Work.
Nothing in this Agreement creates a partnership,joint venture,employment relationship,or general agency
relationship between the Parties. Neither Party has authority to bind the other Party except as expressly
provided in this Agreement.
13. Dispute Resolution Between the City and District. Before either Party commences
litigation arising out of this Agreement, the Parties shall first confer in good faith through representatives
with authority to resolve the dispute.If the dispute is not resolved within thirty(30)days after written notice
of dispute, either Party may request non-binding mediation before a mediator mutually acceptable to the
Parties. Mediation shall be conducted in Kane County, Illinois, unless otherwise agreed. The Parties shall
share mediator fees equally and shall bear their own attorneys' fees and costs, unless otherwise agreed or
awarded by a court under applicable law. Nothing in this Section prevents either Party from seeking
temporary, preliminary, or emergency injunctive relief, preserving evidence, asserting claims or defenses
in pending litigation, complying with legal deadlines, or taking action necessary to protect public health,
public safety, District operations, public infrastructure,or the environment.
14. Notices. All notices required under this Agreement shall be in writing and shall be
delivered personally, by recognized overnight courier, by certified mail return receipt requested, or by
electronic mail with confirmation of transmission, to the addresses set forth below or to such other address
as a Party may designate by notice.
If to the City:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Attention: City Manager
Email: Rick.Kozal@elginil.gov
With a copy to:
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Email:Christopher.Beck@elginil.gov
If to the District:
Fox River Water Reclamation District
1957 N. LaFox Avenue
South Elgin, Illinois 60177
Attention: Executive Director
Email: ejohnson@frwrd.com
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With a copy to:
Michael A.Airdo,Esq.
Airdo Werwas,LLC
111 East Wacker Drive, Suite 500
Chicago,Illinois 60601
Email:mairdo@airdowerwas.com
15. Term;Termination.
a. This Agreement shall commence on the Effective Date and shall remain in effect
until final completion of the District Work,final reimbursement of approved Project Costs,and expiration
of any unresolved warranty,correction,lien,documentation,indemnity,audit,or dispute obligations.Either
Party may terminate this Agreement upon written notice if the other Party materially breaches this
Agreement and fails to cure the breach within thirty (30) days after written notice, provided that if the
breach cannot reasonably be cured within thirty(30)days, the breaching Party shall not be in default if it
commences cure within that period and diligently pursues cure to completion.
b. The District may terminate or suspend authorization for District Work upon written
notice if the Required ATI Terms are not incorporated into the ATI Agreement, if ATI's insurance is not
confirmed, if ATI materially violates access or safety requirements, if pre-existing, unforeseen,
environmental, hazardous, subsurface, utility, safety, access, or other site conditions require reevaluation
of the District Work, or if continued District Work would materially threaten District operations, public
safety,public infrastructure,legal compliance,or the environment.Termination shall not relieve the District
of the obligation to reimburse approved Project Costs properly incurred before termination,subject to this
Agreement.
16. Default; Remedies. If either Party fails to perform a material obligation under this
Agreement,the non-defaulting Party may provide written notice of default identifying the alleged default
and the action necessary to cure. The defaulting Party shall have thirty(30)days after receipt of notice to
cure,except where a shorter period is reasonably necessary to protect public health,public safety, District
operations,public infrastructure,or the environment.Subject to the limitations in this Agreement,the non-
defaulting Party may pursue any remedy available at law or in equity. No delay or omission in exercising
any right shall constitute a waiver of that right.
17. Approvals; Authority. Each Party represents that it has authority to enter into this
Agreement and that the individual signing this Agreement on behalf of that Party is authorized to bind that
Party.Each Party shall obtain any corporate,board,council,administrative,or other approval necessary to
authorize this Agreement and its obligations hereunder.
18. Assignment. Neither Party may assign this Agreement without the prior written consent
of the other Party.Any attempted assignment without required consent shall be void.This Agreement shall
bind and benefit the Parties and their respective successors and permitted assigns.
19. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois,without regard to conflict-of-law principles.Venue for any
action arising out of or relating to this Agreement shall be in the Circuit Court of Kane County, Illinois.
20. Amendments. This Agreement may be amended only by a written instrument signed by
both Parties. No oral statement, email, course of dealing, field directive, invoice notation, or contractor
communication shall amend this Agreement or increase the District's reimbursement obligation.
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21. Severability. If any provision of this Agreement is held invalid, illegal,or unenforceable,
the remaining provisions shall remain in full force and effect to the fullest extent permitted by law,provided
that the essential purposes of this Agreement are not defeated.
22. No Waiver. The failure of either Party to enforce any provision of this Agreement shall
not constitute a waiver of that provision or of the right to enforce that provision later. A waiver must be in
writing and signed by the Party against whom the waiver is asserted.
23. Third-Party Beneficiaries. Except for the District's intended third-party-beneficiary
rights under the Required ATI Terms and the ATI Agreement, this Agreement is intended solely for the
benefit of the Parties and does not create rights in any contractor,subcontractor,supplier,employee,invitee,
resident,taxpayer,or other third party.
24. Counterparts; Electronic Signatures.This Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute one instrument. Electronic
signatures, scanned signatures,and signatures transmitted by electronic mail shall have the same force and
effect as original signatures.
25. Entire Agreement. This Agreement, including Exhibits A and B, constitutes the entire
agreement between the Parties concerning the subject matter hereof and supersedes all prior or
contemporaneous oral or written negotiations, understandings, proposals, or agreements concerning that
subject matter.
[Signature pages follow.)
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date.
CITY OF ELGIN,an Illinois municipal corporation
Date: Ma 7, 2026
By:
av J.Kap ,M or
Attest: imberly is,City Clerk
FOX RIVER WATER RECLAMATION DISTRICT,a sanitary district of Kane and Cook
Counties,Illinois
O7 ( 2-0/ Zcz6 �,.: ..,I:,:,,
Date: S� FcC
By: t '' 4,4r
Benja vn :ernal,Preside =
s
Attest: Elizabeth Pend Clerk '• y •, 4 ,
8
EXHIBIT A
ATI SCOPE LETTER AND PROJECT SCOPE
To be attached: [ATI Scope Letter dated April 1, 2025, together with the applicable ATI rate
schedule, agreed pricing terms,accepted work authorization, purchase order, and
any written City-approved modifications applicable to the Project Work.]
Any conflict between this Agreement and Exhibit A shall be resolved in favor of
this Agreement. Any conflict between Exhibit B and Exhibit A shall be resolved
in favor of Exhibit B for work on, over, under, or for the benefit of the District
Property.
A-1
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DISASTER
AT1 RECOVERY
SERVICES
SCOPE LETTER
CATASTROPHE SERVICES
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LIFE, REBUILT
WITH CARE.
(800 ) 400-9353
www.ATIrestoration .com
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�=-� DISASTER
ATIRECOVERY
Date: 04-01-2025
To: City of Elgin Greg Hulke
City Manager(Rick Kozal) Parks and Facilities Superintendent
FRWD North project
Clifford
Elgin,IL
From: Adam Fiala Ryan Olsen
Assistant Regional Manager Operations Manager
ATI Restoration ATI Restoration
Re: Phase 2—FRWD Property,Debris removal and Tree removal
ATI viewed the Property(FRWD North)with(City of Elgin)("Client")requesting the site inspection.
The following information is a review of the necessary services required for stabilizing the structure and contents to
its pre-loss condition.Please note the below referenced Scope of Work(the"Work")is based upon preliminary
investigation only.As additional items become apparent the scope and critical path will change.All parties will be
advised of any deviation to the Scope of Work and agreed to adjustments will be made.
General Items:
1. ATI shall possess and furnish all necessary equipment,materials,and labor to adequately perform the
specified services in this scope letter.
2. ATI shall have in its possession,a documented asbestos survey BEFORE the Work commences on any
project demolition,removal of previously demolished debris(created by ATI or any other entity)or
bagging of any possible ACM containing material/debris.OSHA Code of Federal Regulations
1926.1101(F)(2)provides Initial Exposure Assessment knowingly or unknowingly.
3. ATI shall maintain a copy of all current MSDS documentation and safety certifications at the site at all
times,as well as comply with all other site documentation requirements of applicable OSHA programs
and this specification
Scope of Work:
The following material is presented in an order that ensures all affected areas are properly addressed from a
procedural point of view.The sequence of events,in which these procedures will be performed,is discussed later in
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 ( (800)400-9353 I www.ATlrestoration.com
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4/10/25, 11:49 AM Scope Letter Template-01.19.2023.docx-Google Docs
this Scope of Work under Critical Path Management Program(CPM).The Scope of Work is broken into the
following general areas of concern.
• ATI will provide any and all Consumables/Equipment to complete the restoration and or
dehumidification process.
• ATI will require all employees to sign in/out logs before entering or exiting the property
• ATI will hold and log On-site Safety meetings on a daily basis
• ATI employees will be properly supervised with a management to technician of approximately:(1)
Manager to(10)Technicians
• ATI proposes to run crews on a 10 hour basis:
o Each shift will consist of
• ( 1 )Project Director
• (1)Project Manager
• (1)Project Supervisors—Day Shift
• (up to 8)Restoration Technicians—Day Shift
Please note that ATI will.sralrwr or scale down as requested by customer's prioritirr
• AT! proposes to complete the restoration work in max of(30 days) working days.This is a Prevailing
wage job under Omnia Rates
• ATI will provide continual dumpster rotation to ensure debris is disposed of in a timely manner
• ATI will work with the client or their assigned representatives to address any special needs that need to
be prioritized
• ATI will provide a certificate of insurance with the client's named as additional insured
Overview of Damage:
Debris
• All debris will be removed from the property,bagged up,and removed offsite
Trees:
• Remove all Trees 10"and below and shred onsite
Fencing
Install 8ft Chain link fence around the entire property
CRITICAL PATH MANAGEMENT
Understanding the sense of urgency inherent in projects of this nature,a flexible approach to the restoration project
is mandatory.Following acceptance of this Scope of Work,a Critical Path Management(CPM)Program will be
established that will outline the definitive sequence of events and their corresponding time frames for completion of
each event.This CPM Program will be formulated based solely on the sense of urgency as reflected by the client,
considering each phase of this operation.Coordination of all phases of this restoration project is critical to the
successful,timely,and cost-effective completion of the Work.The sequence in which the Work will be performed
will be discussed following determination of the Critical Path.
IMPORTANT POINTS
This Scope of Work is an overview of the total project. Some cleaning procedures outlined above may be changed at
the discretion of ATI's management to maximize effectiveness and efficiency.This scope is not intended to be a
sequential outline of work but rather an overview of the total project.Any changes or alterations to this Scope of
Work at the request of the client,insurance professionals,or consultants may cause an adjustment to the total project
cost.All changes must be submitted in writing and approved via a Change Order by all parties involved before they
become binding.
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 I (800)400-9353 I www.ATlrestoration.com
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It is assumed that ATI will have necessary access to the facility.Common utilities such as water and electrical power
must be readily available in suitable quantities. All work and services provided for in this Scope of Work arc based
on initial inspections of the damage. Due to the unknowns in dealing with losses of this nature,some methods of the
cleaning effort may require adjustment as the job progresses.All work provided for in this Scope of Work is
intended to be accomplished under"best effort"circumstances.
Daily communication is critical for the success of any project.In an effort to keep all interested parties apprised of
the status of this project,we request that the ATI's on-site Project Manager and a designated representative from the
client meet daily.It is preferable that this representative have decision-making authority regarding any changes,
either additions or deletions,to this Scope of Work.
PRICING
ATI Restoration proposes to perform the scope of services as outlined above on a time and materials contract based
on the agreed upon Material Rate Schedule that is attached.
The estimated(Budgetary)price for the above referenced restoration scope is:
$450,000 to$500,000 with a NTE of$550,000.00
Please note all associated back up will be produced to validate the final invoice amount.
The above estimated amount does not include any applicable tax,repairs,or required permitting fees.
SCHEDULING
ATI will approach this project on a best-effort basis.The estimated completion time of the Restoration Cleaning is
approximately:(30)working days based on a 10-hour workday.
It has been ATI's pleasure to submit this proposal to Rick Kozal with City of Elgin.Thank you for your
consideration and cooperation.
Respectfully Submitted,
Adam Fiala Ryan Olsen
Assistant Regional Manager Operations Manager
ATI Restoration ATI Restoration
630-943-5934 Cell XXX—XXX—XXXX Cell
800-400-9353(24 hour Call Center) 800-400-9353(24 hour Call Center)
Adam.fiala@ATIrestorat ion.com Ryan.Olsen@ATlrestoration.com
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA92806 I (800)400-9353 I www.ATlrestoretion.com
https://docs.google.com/document/d/1 OGZYYxMFRdwKMpfgxwWuam8zNLlklwmt/edit 7/8
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„...ATI
RECOVERY
SERVICES
SCOPE LETTER
CATASTROPHE SERVICES
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LIFE, REBUILT
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(800 ) 400-9353
www.ATlrestoration . com
DISASTER
RECOVE
�'ATl SERVICES
Date: 05/19/2026
To: Greg Hulke
City of Elgin—Parks
cc: N/A
From: Adam Fiala
Executive Project Director
ATI Restoration
Re: Description of the Project—Phase 2—Homeless Encampment/FRWD property
ATI viewed the CAPX located at
City of Elgin
150 Dexter Court
Elgin, IL 60120
with (Greg Hulke)("Client")requested the site inspection.
The following information is a review of the necessary services required for stabilizing the structure and
contents to its pre-loss condition. Please note the below referenced Scope of Work(the"Work") is based
upon preliminary investigation only. As additional items become apparent the scope and critical path will
change. All parties will be advised of any deviation to the Scope of Work and agreed to adjustments will
be made.
General Items:
1. ATI shall possess and furnish all necessary equipment, materials,and labor to adequately
perform the specified services in this scope letter.
2. ATI shall have in its possession, a documented asbestos survey BEFORE the Work
commences on any project demolition, removal of previously demolished debris(created by
ATI or any other entity)or bagging of any possible ACM containing materiall debris. OSHA
Code of Federal Regulations 1926.1101(F) (2) provides Initial Exposure Assessment
knowingly or unknowingly.
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 I (800)400-9353 l www.ATlrestoration.com
3. ATI shall maintain a copy of all current MSDS documentation and safety certifications at the
site at all times, as well as comply with all other site documentation requirements of
applicable OSHA programs and this specification
Scope of Work:
The following material is presented in an order that ensures all affected areas are properly addressed from
a procedural point of view.The sequence of events. in which these procedures will be performed, is
discussed later in this Scope of Work under Critical Path Management Program (CPM). The Scope of
Work is broken into the following general areas of concern.
• ATI will provide any and all Consumables/Equipment to complete the restoration and or
dehumidification process.
• ATI will require all employees to sign in/out logs before entering or exiting the property
• ATI will hold and log On-site Safety meetings on a daily basis
• ATI employees will be properly supervised with a management to technician of
approximately: (1) Manager to(10)Technicians
• ATI proposes to run crews on a 8 hour basis:
o Each shift will consist of:
• ( 01 )Project Director
• (01)Project Manager
• (01)Project Supervisors—Day Shift
• (10) Restoration Technicians—Day Shift
Please note that A77 will scale up or scale down as requested by customer's prtortttes.
• ATI proposes to complete the restoration work in max of 60 working days.
• ATI will provide continual dumpster rotation to ensure debris is disposed of in a timely
manner
• ATI will work with the client or their assigned representatives to address any special needs that
need to be prioritized
• ATI will provide a certificate of insurance with the client's named as additional insured
Overview of Damage:
Heading:
• Remove all Trees and Shred onsite from 10"and below
o Spread shredding's onsite
0
• Install fence connecting the 8 acres from the homeless encampment and the existing
fence on the FRWD property side
o Fence will be 8ft in height as to conform to the existing fence
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 I (800)400-9353 I www.ATlrestoration.com
CRITICAL PATH MANAGEMENT
Understanding the sense of urgency inherent in projects of this nature,a flexible approach to the
restoration project is mandatory.Following acceptance of this Scope of Work,a Critical Path
Management(CPM)Program will be established that will outline the definitive sequence of events and
their corresponding time frames for completion of each event.This CPM Program will be formulated
based solely on the sense of urgency as reflected by the client,considering each phase of this operation.
Coordination of all phases of this restoration project is critical to the successful,timely,and cost-effective
completion of the Work.The sequence in which the Work will be performed will be discussed following
determination of the Critical Path.
IMPORTANT POINTS
This Scope of Work is an overview of the total project. Some cleaning procedures outlined above may be
changed at the discretion of ATI's management to maximize effectiveness and efficiency. This scope is
not intended to be a sequential outline of work but rather an overview of the total project.Any changes or
alterations to this Scope of Work at the request of the client, insurance professionals,or consultants may
cause an adjustment to the total project cost.All changes must be submitted in writing and approved via a
Change Order by all parties involved before they become binding.
It is assumed that ATI will have necessary access to the facility.Common utilities such as water and
electrical power must be readily available in suitable quantities.All work and services provided for in this
Scope of Work are based on initial inspections of the damage.Due to the unknowns in dealing with losses
of this nature, some methods of the cleaning effort may require adjustment as the job progresses. All work
provided for in this Scope of Work is intended to be accomplished under"best effort"circumstances.
Daily communication is critical for the success of any project. In an effort to keep all interested parties
apprised of the status of this project,we request that the ATI's on-site Project Manager and a designated
representative from the client meet daily. It is preferable that this representative have decision-making
authority regarding any changes,either additions or deletions,to this Scope of Work.
PRICING
ATI Restoration proposes to perform the scope of services as outlined above on a time and materials
contract based on the agreed upon Material Rate Schedule that is attached.
The estimated(Budgetary)price for the above referenced restoration scope is:
Please note all associated back up will be produced to validate the final invoice amount.
*The above estimated amount does not include any applicable tax,repairs,or required permitting fees.
SCHEDULING
ATI will approach this project on a best-effort basis.The estimated completion time of the Restoration
Cleaning is approximately: (60 working days based on a 8-hour workday).
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 I (800)400-9353 I www.ATlrestoration.com
It has been ATI's pleasure to submit this proposal to Nikon with City of Elgin. Thank you for your
consideration and cooperation.
Respectfully Submitted,
Adam Fiala
Executive Project Director
ATI Restoration
630-943-5834 Cell
800-400-9353 (24 hour Call Center)
adam.fialaaDATIrestoration.com
ATI HEADQUARTERS 3360 E.La Palma Ave,Anaheim,CA 92806 I (800)400-9353 I www.ATlrestoration.com
EXHIBIT B
REQUIRED ATI TERMS
The City shall require the ATI Agreement to include the following terms, or substantially equivalent
terms approved in writing by the District,for all District Work:
1. District as Intended Beneficiary. ATI acknowledges that the District is an intended third-party
beneficiary of the ATI Agreement and these Required ATI Terms with respect to the District Work.
The District may enforce these Required ATI Terms directly against ATI to the extent necessary to
protect the District Property,District operations,District infrastructure,public safety,public funds,
and the District's rights under the Agreement.ATI shall have no direct payment claim against the
District except as expressly provided in Section 14 of this Exhibit B.
2. Scope; Standard of Performance.ATI shall perform the District Work in a good, workmanlike,
safe,and lawful manner,using properly trained and supervised personnel, appropriate equipment,
and materials of suitable quality.ATI shall perform the District Work in accordance with the ATI
Agreement, approved scope documents, approved change orders, applicable permits, applicable
laws,industry standards for similar work,and directions issued by the City that are not inconsistent
with District-approved access, security, and operational requirements. ATI shall not perform
District Work outside approved limits of work, remove trees not approved for removal, alter
fencing alignment, install gates or access points, disturb District infrastructure, or use District
utilities without prior written approval by the District.
3. Access; Security; District Operations. ATI shall coordinate access to the District Property with
the City and the District before commencing District Work. ATI shall comply with all District
access, sign-in, safety, parking, staging, site-security, utility, facility-access, and operational
requirements communicated to ATI. ATI shall not interfere with District operations, District
personnel, District contractors, public infrastructure, access roads, treatment facilities, utility
infrastructure, security systems,or emergency access. ATI shall promptly notify the City and the
District of any condition that may affect District operations,safety,infrastructure,utilities,fencing,
access,or security.
4. Site Conditions; No Warranty by City or District. ATI acknowledges that it is performing
District Work on existing public property and accepts the District Property in its existing condition
for purposes of performing the District Work. Neither the City nor the District makes any
representation or warranty to ATI or any subcontractor concerning the physical, environmental,
subsurface,geotechnical,structural, utility,access,safety,quantity,cost, or other condition of the
District Property. ATI shall not assert any claim against the District based on alleged reliance on
site conditions, completeness of the ATI Scope Letter, quantities of debris or vegetation,
availability of utilities,ease of access,subsurface conditions,unknown obstructions,environmental
conditions,or the means,methods,cost,or duration of performing the District Work,except to the
extent caused by the District's fraud,intentional misrepresentation,or willful concealment.If ATI
encounters an unforeseen or unsafe condition, suspected asbestos-containing material, hazardous
material, regulated waste, contaminated soil, underground structure, unknown utility, or other
condition that may materially affect safety, cost, schedule, legal compliance, or the scope of the
District Work, ATI shall stop affected work, secure the area, avoid further disturbance, and
immediately notify the City and the District. ATI shall not disturb, remove,transport,dispose of,
or remediate such condition unless authorized in writing and legally permitted to do so.
5. Hazardous Materials; Disposal. ATI shall comply with all applicable federal, state, and local
laws, regulations, and permit requirements concerning hazardous materials, regulated waste,
asbestos-containing material, contaminated soil, universal waste, solid waste, debris handling,
transportation, and disposal. ATI shall be solely responsible for lawful handling, loading,
transportation, recycling, disposal, and documentation of debris, trees, vegetation, waste, and
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materials removed by ATI from the District Property, except for pre-existing environmental
conditions for which applicable law imposes responsibility on the District and which are not caused
or exacerbated by ATI or its subcontractors.ATI shall provide disposal tickets,manifests,recycling
records, landfill receipts, transporter information, and other documentation reasonably requested
by the City or the District to verify lawful removal and disposal of materials from the District
Property.
6. Safety; OSHA; Means and Methods. ATI shall be solely responsible for construction means,
methods,techniques,sequences,procedures,supervision,site safety,job hazard analysis,personal
protective equipment, employee training,equipment operation,traffic or access control within the
work area, and compliance with OSHA and other applicable safety requirements. ATI shall hold
and document safety meetings as appropriate for the District Work and shall maintain required
safety records at or for the project site. ATI shall promptly report to the City and the District any
injury, property damage, utility strike, environmental incident, fire, security incident, or other
material safety event occurring on or affecting the District Property.
7. Insurance.
a. Before commencing District Work, ATI shall provide certificates of insurance and
endorsements evidencing insurance coverage acceptable to the City and District. Unless
the District approves different limits in writing, All shall maintain at least the following
coverage: (a) Commercial General Liability insurance, including premises/operations,
products-completed operations, contractual liability, independent contractors, and
explosion, collapse, and underground coverage where applicable, with limits of not less
than $1,000,000 per occurrence and $2,000,000 aggregate; (b) Automobile Liability
insurance covering owned, hired, and non-owned vehicles with limits of not less than
$1,000,000 combined single limit; (c) Workers' Compensation insurance as required by
law and Employer's Liability insurance with limits of not less than $1,000,000 each
accident,each employee,and policy limit;(d)Umbrella or Excess Liability insurance with
limits of not less than$5,000,000 per occurrence and aggregate;and(e)Pollution Liability
or Contractors Pollution Liability insurance, if any District Work involves hazardous
materials, regulated waste, asbestos-containing material, contaminated soil, or similar
environmental exposure,with limits acceptable to the City and District.
b. The District,the City,and their respective officers,officials,employees,agents,attorneys,
and representatives shall be named as additional insureds on ATI's commercial general
liability, automobile liability, umbrella or excess liability, and any other policy for which
additional insured status is commercially available and applicable to the District Work.
Such coverage shall be primary and noncontributory to any insurance or self-insurance
maintained by the District or the City.
c. ATI and its insurers shall waive subrogation against the District, the City, and their
respective officers,officials,employees,agents,attorneys,and representatives to the extent
permitted by law.ATI shall maintain completed-operations coverage for not less than three
(3)years after completion of the District Work.ATI shall provide not less than thirty(30)
days' prior written notice of cancellation or material reduction in coverage,or such notice
as is available under the applicable policy.
8. Indemnification by ATI.
a. To the fullest extent permitted by law,ATI shall defend, indemnify,and hold harmless the
District, the City, and their respective trustees, officers, officials, employees, agents,
attorneys, consultants, and representatives (collectively, the "Indemnified Parties") from
and against any and all claims, demands, actions, causes of action, liabilities, damages,
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fines,penalties,liens,losses,costs,and expenses,including reasonable attorneys' fees and
defense costs(collectively,"Claims"),arising out of,resulting from, or relating to: (i)the
District Work; (ii)the acts or omissions of ATI, ATI's subcontractors,anyone directly or
indirectly employed by them, or anyone for whose acts they may be liable; (iii) bodily
injury, sickness,disease,or death;(iv)injury to,destruction of,or loss of use of property;
(v) defective, incomplete, or nonconforming work; (vi) failure to pay subcontractors,
suppliers, laborers, materialmen, or other persons performing or furnishing labor,
materials,equipment,or services for the District Work;(vii)any lien,payment,bond,stop-
payment,or similar claim arising from the District Work;(viii)violation of applicable law,
permit requirements, safety requirements, environmental requirements, or disposal
requirements;(ix)improper handling,transportation,storage,or disposal of debris,waste,
regulated materials, or other materials removed from the District Property; (x)
environmental contamination, release, migration, exacerbation, or disposal caused or
exacerbated by ATI, ATI's subcontractors, or anyone directly or indirectly employed by
them;(xi)damage to District infrastructure,City property, utilities, access roads, fencing,
gates,equipment,or other property;or(xii)breach of the ATI Agreement or these Required
ATI Terms.
b. ATI's duty to defend shall arise upon tender of a Claim by an Indemnified Party and shall
not be excused,reduced,or delayed based upon allegations that an Indemnified Party was
negligent,at fault,or otherwise contributed to the Claim,unless and only to the extent it is
established by a final, non-appealable judgment or order of a court of competent
jurisdiction that the negligence, willful and wanton misconduct, intentional misconduct,
breach of this Agreement, or violation of law by that Indemnified Party was a proximate
cause of the Claim.Notwithstanding the foregoing,ATI shall not be required to indemnify
an Indemnified Party for that portion of a Claim,if any,finally determined by a final,non-
appealable judgment or order of a court of competent jurisdiction to have been proximately
caused by that Indemnified Party's own negligence, willful and wanton misconduct,
intentional misconduct, breach of this Agreement, or violation of law. Nothing in this
Section shall be construed to require indemnification prohibited by applicable law.
c. ATI shall provide the defense through counsel reasonably acceptable to the tendering
Indemnified Party.If a Claim includes both covered and allegedly non-covered allegations,
ATI shall defend the Claim subject to later allocation,reimbursement,or adjustment only
to the extent required by a final,non-appealable judgment or order of a court of competent
jurisdiction or by written agreement of ATI and the affected Indemnified Party. The
Indemnified Party may participate in the defense with its own counsel at its own expense,
except that ATI shall be responsible for such counsel's reasonable fees and costs to the
extent caused by ATI's failure to provide an adequate defense, a conflict of interest, or
another basis recognized by law.
d. No Limitation by Insurance or Other Laws.ATI's indemnity and defense obligations shall
not be limited by insurance coverage, deductibles, self-insured retentions, policy
exclusions, available limits,workers' compensation laws,disability benefit laws,or other
employee-benefit laws. ATI expressly waives, and shall require each subcontractor
performing any portion of the District Work to waive, any limitation on contribution or
indemnity liability arising under Kotecki v.Cyclops Welding Corp., 146 Ill.2d 155(1991),
or any similar or successor law, rule, doctrine, or defense. ATI agrees that its obligations
under this Section shall not be limited to the amount of workers' compensation benefits
paid or payable to or on behalf of any employee of ATI, any subcontractor, or anyone
directly or indirectly employed by them.ATI's obligations under this Section shall not be
limited by, and shall be excluded from, any limitation of liability, limitation of claims
against the District,waiver of consequential damages,or similar limitation contained in the
ATI Agreement or these Required ATI Terms.
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9. Subcontractors; Flow-Down. ATI shall be responsible for the acts and omissions of its
subcontractors,suppliers,consultants,employees,agents,and anyone else performing or furnishing
any portion of the District Work.ATI shall require each subcontractor performing District Work to
comply with all applicable provisions of the ATI Agreement and these Required ATI Terms,
including insurance, safety, indemnity, site-condition, environmental, records, lien-waiver,
prevailing-wage,and confidentiality obligations.
10. Lien Waivers; Payment of Subcontractors and Suppliers. All shall promptly pay all
subcontractors, suppliers, laborers, vendors, and other persons or entities furnishing labor,
materials,equipment,or services for the District Work.All shall provide conditional and final lien
waivers, releases, sworn statements, or similar payment documentation reasonably requested by
the City or the District. ATI shall keep the District Property free from liens, lien claims, stop
notices,payment claims,or similar encumbrances arising from the District Work.If any such claim
is asserted,ATI shall promptly discharge, bond over, satisfy, or otherwise resolve the claim at no
cost to the District.
11. Pricing; Cost Documentation. ATI shall maintain complete and accurate records supporting all
charges for District Work,including labor time,labor classifications,rates,equipment descriptions,
equipment rates and usage,materials, subcontractor charges, disposal fees,trucking, permits, and
approved change orders. ATI shall provide backup documentation sufficient for the City and
District to verify that charges are actual,reasonable, allocable to the District Work,and consistent
with the ATI Agreement. ATI shall separately identify, or provide information sufficient to
allocate, charges for City Work and District Work. Charges not reasonably allocable to District
Work shall not be included in the District reimbursement request.
12. Change Orders. No change order, additional work, expanded scope, material substitution,
schedule acceleration, emergency work, or other change affecting the District Work, District
Property, District operations, District infrastructure,or District reimbursement obligation shall be
performed or charged to the District unless approved in writing by the City and the District before
the work is performed, except for minimum emergency stabilization work necessary to protect
persons, property, public health, public safety, or the environment. Emergency work shall be
limited to the minimum reasonable action necessary to stabilize the condition.ATI shall notify the
City and the District as soon as practicable and shall provide detailed documentation of the
emergency condition,action taken,personnel,equipment,materials,and costs.
13. Warranty; Correction of Work.
a. ATI shall warrant the District Work for not less than one(l)year after the District's written
confirmation of completion,or for any longer period provided by manufacturer warranties,
the ATI Agreement, or applicable law. The warranty shall cover workmanship, materials
furnished by ATI,fencing installation,site restoration,damage caused by ATI,and failure
to perform the District Work in accordance with the ATI Agreement and these Required
ATI Terms.
b. Upon written notice from the City or the District during the warranty period, ATI shall
promptly correct, repair, replace, or complete, at no additional cost to the District, any
District Work that is materially defective, incomplete, damaged, nonconforming, or
performed contrary to the ATI Agreement, approved change orders, applicable law, or
these Required ATI Terms.
c. ATI's warranty shall not make ATI responsible for ordinary wear and tear, vandalism,
damage caused by third parties, pre-existing conditions, environmental conditions not
caused or exacerbated by ATI, vegetation regrowth, or conditions outside ATI's scope,
B-4
except to the extent such condition results from ATI's defective work,damage, breach,or
failure to comply with applicable law.
14. No Consequential Damages; Limitation of Claims Against District.
a. ATI and its subcontractors shall not seek or recover from the District any consequential,
incidental, indirect, special, exemplary, or punitive damages arising out of or relating to
the District Work,the District Property,this Agreement,the ATI Agreement,or the Project
Work, including lost profits, loss of revenue, loss of use, loss of financing, loss of
opportunity, home-office overhead, business interruption, or delay-related consequential
damages.
b. The District shall have no direct payment obligation to ATI or any subcontractor. To the
maximum extent permitted by law,ATI's and its subcontractors' aggregate recovery from
the District,if any,arising out of or relating to the District Work,the District Property,this
Agreement,the ATI Agreement,or the Project Work shall not exceed the lesser of:(a)the
unpaid, undisputed portion of the City-ATI contract amount properly allocable to District
Work that was performed in accordance with the ATI Agreement and accepted by the City
and District;or(b)the unpaid portion of the District's reimbursement obligation to the City
for such District Work under the Agreement
c. The limitation in this Section applies regardless of theory of liability, including contract,
quasi-contract,tort,negligence,strict liability,statute,equity,or otherwise.The limitation
shall not expand the District's obligations, create a direct contract between ATI and the
District,create a direct payment obligation by the District to ATI,or limit any claim ATI
may have against the City under the ATI Agreement.
d. The limitation in this Section is solely a limitation on claims against the District. It shall
not limit ATI's obligations or liability to the City or the District for indemnification,
insurance, additional insured coverage, waiver of subrogation, correction of work, lien
claims, payment of subcontractors or suppliers, records, FOIA compliance, prevailing-
wage compliance, environmental compliance, disposal obligations, fraud, intentional
misconduct,willful and wanton misconduct,violation of law,bodily injury,death,property
damage,or damage to District or City property caused by ATI or its subcontractors.
15. Records;FOIA;Audit Cooperation.ATI shall maintain records relating to the District Work and
Project Costsfor not less than five(5)years after final payment,or longer if required by law or if
a claim, audit, dispute, litigation, investigation, public records request, or insurance matter is
pending. ATI shall provide records reasonably requested by the City or District to verify costs,
evaluate work,respond to claims,process audits,respond to requests under the Illinois Freedom of
Information Act,or enforce the ATI Agreement or these Required ATI Terms. ATI acknowledges
that records relating to the District Work may be public records subject to disclosure under the
Illinois Freedom of Information Act. ATI shall cooperate with the City and District in responding
to lawful requests for records, subject to applicable exemptions, privileges, confidentiality
protections,and lawful redactions.
16. Prevailing Wage and Public Contract Compliance.To the extent applicable to the District Work,
ATI shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq., including
payment of applicable prevailing wages, submission of certified payroll, and retention of payroll
records. ATI shall comply with all other federal, state, and local public-contracting requirements
applicable to the District Work.
17. Survival. The provisions of these Required ATI Terms that by their nature should survive
completion or termination shall survive, including indemnification, insurance, additional insured
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coverage, completed operations, waiver of subrogation, site-condition acknowledgments,
hazardous-materials obligations, warranty and correction obligations, lien-waiver obligations,
records, FOIA, audit cooperation, limitation of claims against the District, and compliance
obligations.
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