10-134 Resolution No. 10-134
RESOLUTION
RATIFYING THE EXECUTION OF AN AGREEMENT
WITH TROTTER AND ASSOCIATES, INC.
(Kimball Hill Homes, Inc. - Waterford Subdivision - Units 1, 2 and 3)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby ratifies and approves the execution of an agreement with Trotter and Associates,Inc.by Sean
R. Stegall, City Manager, and Diane Robertson, City Clerk, regarding inspection of the public
improvements, report and punchlist evaluation for Units 1, 2 and 3 of the Waterford Subdivision,
a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
00
00
TROTTER
\ASSOCIATES,INC.
ENGINEERS AND SURVEYORS
June 25, 2010
City of Elgin
Mr. Mike Hall, P.E.
150 Dexter Court
Elgin, Illinois 60120
Re: Revised Proposal
Waterford Neighborhood, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Dear Mr. Hall,
In accordance with your recent request, Trotter and Associates, Inc. ("Engineer") is pleased to
render a proposal for professional engineering services for the City of Elgin ("Client") in
connection with Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
(hereinafter called the "Project").
Understanding of the Project
The City of Elgin is requesting evaluation and site assessment of Waterford Neighborhood Units
1, 2 & 3 as a result of the developer's bankruptcy and inability to complete the improvements.
Trotter and Associates, Inc. (TAI) will have a two (2) person crew conduct a field review of the
site improvements with a representative from the surety company in order to evaluate the
condition of the improvements and to identify items of uncompleted work and items that are
deficient in workmanship or materials. The major items that will be reviewed in the field are: site
grading and erosion control; storm and sanitary sewer systems; water system and appurtenances;
and roadways (includes curb/pavement/sidewalks/driveway aprons). Deficiencies will be noted
based upon the approved engineering plans and per the City of Elgin's Subdivision Ordinance
and Engineering Standards.
While conducting the field review of the improvements, TAI will open each storm/sanitary/water
valve structure to verify: the required frame/grate or lid was installed; the structure is clean and
properly mortared; concrete rings are in acceptable condition; the elevation of the structure is
correct; and that the system is functioning properly. Each B-Box for the water system will be
checked to make sure it can be located, installed at the proper depth and is keyable. The
operating of the water valves and hydrants will be completed in the presence of the City of
Elgin's Water Department unless permission is granted to TAI to operate the valves. Valves and
hydrants will be evaluated based upon the required materials being installed and the operating
condition of the appurtenances (auxiliary valve keyable, height of hydrant/valve, condition of
hydrant, does the hydrant barrel section drain, etc.). The roadways (including
curb/sidewalks/driveway aprons) will be reviewed to observe deficiencies such as settlement,
40W201 Wasco Road Suite I) • St. Charles, Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475
Waterford Subdivision,Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14, 2010
Page 2
pavement failures, structural cracking or spalling of concrete, etc. The street lights will be
reviewed at night to verify they are all operating and were installed per the engineering
plans/specifications. The site grading will be reviewed in order to identify issues of ponding
stormwater, missing or un-maintained erosion control measures and erosion of the soil.
Once the on site evaluation has been completed, TAI will compile a detailed master list of
deficiencies, including those identified after reviewing the record drawings by unit. While
conducting the field review of the improvements, TAI will document the deficiencies observed in
a field book. The notes in the field book will then be used to compile a complete list of
deficiencies per unit. These lists then can be utilized to prepare a cost estimate for correcting the
deficiencies and completing the improvements.
Project Schedule
We expect to start our services immediately after receipt of your acceptance of this
proposal and anticipate that all work could be completed within 25 days.
It is assumed the surety company will have the storm and sanitary sewer system cleaned
and televised prior to starting the field reviews. This will allow for a timely completion
of an accurate punch list of deficient or uncompleted items of work. Coordination with
the City staff to schedule the field review of the water system will be required, unless TAI
is granted permission to operate the valves and hydrants.
Scope of Work
Our services will consist of customary civil engineering services and related engineering
services incidental to conducting field review of Waterford Subdivision Neighborhoods
1, 2 and 3 and preparing detailed punch lists of incomplete and deficient items of work
based upon the approved engineering plans and specifications.
1. Field Review and Punch List Preparation
1.1 Meet with the City staff and the surety company to gain concurrence -
on project scope and deliverables.
1.2 Perform on site review and evaluation of the improvements with the
surety company.
1.3 Identify incomplete and deficient items of the improvements and
document their locations.
1.4 Review field notes, videotapes, as-built drawings in order to prepare a
detailed punch list report per neighborhood that outlines all
deficiencies and incomplete items found during the field review and
evaluations (as-builts,TV testing review,etc).
1.5 Provide three(3) copies of the report to the City and the surety
company.
40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475
Waterford Subdivision,Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14, 2010
Page 3
1.6 Prepare an Engineer's Opinion of Probable Costs based upon the
deficiencies listed in the punchlist report for each neighborhood and
provide three(3) copies to the City and surety company.
Please furnish TAI with full information regarding the Project, including the approved
engineering plans &specifications and any other related agreements between the City and
developer that pertain to the improvements.
Engineer's Responsibilities
ENGINEER shall be subject to the terms and provisions of this agreement:
Appoint one or more individuals who shall be authorized to act on behalf of ENGINEER with
whom CLIENT may consult at all reasonable times, and whose instructions, requests, and
decisions will be binding upon ENGINEER as to all matters pertaining to this Agreement and the
performance of the parties hereunder.
Use all reasonable efforts to complete the Services within the time period mutually agreed upon,
except for reasons beyond its control.
CLIENT's Responsibilities
CLIENT is expected to furnish ENGINEER with full information regarding PROJECT,
including all requirements, and any extraordinary considerations, budgetary constraints, or
special services needed. CLIENT is also expected to make available all pertinent existing data.
Provide ENGINEER with unobstructed visual and physical access to all areas requiring
surveying and CLIENT agrees to remove any obstruction, which is not a permanent obstruction `
at the request of the crew chief for the survey party on site.
Indemnification
To the full extent permitted by applicable law, ENGINEER agrees to indemnify and hold
harmless CLIENT and Arch Insurance Company from and against any and all suits, actions,
damages, loss, liability or costs (including, without limitation, reasonable attorney's fees directly
related thereto) for bodily injury or death of any person or damage to third party property if and
to the extent arising from the negligent errors or omissions or willful misconduct of ENGINEER
during the performance of the Services hereunder.
40W201 Wasco Road Suite D • St.Charles, Illinois 60175 • Phone 630/587-0470 Fax 630/587-0475
Waterford Subdivision, Unit 1,Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14, 2010
Page 4
Insurance
Commencing with the performance of the Services, and continuing until either acceptance of the
Services or termination of this Agreement, ENGINEER shall maintain standard insurance
policies as follows and provide proof to the CLIENT:
Workers' Compensation and/or all other Social Insurance in accordance with the statutory
requirements of the state having jurisdiction over ENGINEER'S employees who are engaged in
the. Services, with Employer's Liability not less than One Million Dollars ($1,000,000) each
incident;
Commercial General Bodily Injury and Property Damage Liability and Automobile liability
insurance including (owned, non-owned, or hired), each in a combined single limit of One
Million Dollars ($1,000,000) each occurrence with Two Million Dollars ($2,000,000) general
aggregate for bodily injury and property damage liability. This policy includes Contractual
Liability coverage.
Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate
covering ENGINEER against all sums which ENGINEER may become legally obligated to pay
on account of any professional liability arising out of the performance of this Agreement.
Excess Liability Insurance with Iimits of $1,000,000 per claim and in the aggregate covering
ENGINEER against all sums which ENGINEER may become legally obligated to pay above and
beyond the limits of the primary policies on account of any liability arising out of the
performance of this Agreement.
The ENGINEER agrees to provide CLIENT with certificates of insurance evidencing the above
described coverage prior to the start of Services hereunder and annually thereafter if required.
Such certificates of insurance shall provide that the applicable insurance policies have been
endorsed to provide a minimum of thirty(30) days advance notice to the CLIENT in the event of
cancellation, material change, or non-renewal. ENGINEER will also name the CLIENT and -
Arch Insurance Company as being additionally insured.
Termination
CLIENT may, with or without cause, terminate the Services at any time upon ten (10) days
written notice to ENGINEER. The obligation to provide further Services under this Agreement
may be terminated by either party upon ten (10) days written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof through no fault of the
terminating party. In either case, ENGINEER will be paid for all expenses incurred and Services
rendered to the date of termination in accordance with compensation terms of Exhibit A
"Schedule of Hourly Rates for Employee Classifications - 2009".
40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475
Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14, 2010
Page 5
Clientship of Documents
All drawings, specifications, final PROJECT specific calculations and other instruments of
professional service which ENGINEER prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ENGINEER has been compensated in
full, for Services rendered. CLIENT shall have the right to use such instruments of service solely
for the purpose of the construction, operation and maintenance of the constructed facilities. Any
other use or reuse of original or altered files shall be at CLIENT'S sole risk without liability or
legal exposure to ENGINEER and CLIENT agrees to release, defend and hold ENGINEER
harmless from and against all claims or suits asserted against ENGINEER in the event such
documents are used for a purpose different than originally prepared even though such claims or
suits may be based on allegations of negligence by ENGINEER. Nothing contained in this
paragraph shall be construed as limiting or depriving ENGINEER of its rights to use its basic
knowledge and skills to design or carry out other projects or work for itself or others, whether or
not such other projects or work are similar to the work to be performed pursuant to this
Agreement.
Any files delivered in electronic medium may not work on systems and software different than
those with which they were originally produced. ENGINEER makes no warranty as to the
compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed original
drawings and the electronic files,the sealed drawings will govern.
ENGINEER shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ENGINEER nor its sub-consultants, nor the employees of either, shall be
deemed to be the servants,employees,or agents of CLIENT.
Miscellaneous
This Agreement constitutes the entire agreement between the parties hereto and supersedes any
oral or written representations, understandings, proposals, or communications heretofore entered -
into by or on account of the parties and may not be changed, modified, or amended except in
writing signed by the parties hereto. In the event of any conflict between this contract document
and any of the exhibits hereto, the terms and provisions of this contract document shall control.
In the event of any conflict among the exhibits, the exhibit of the latest date shall control.
This Agreement shall be governed by the laws of the State of Illinois.
In no case shall CLIENT'S approval of any subcontract relieve ENGINEER of any of its
obligations under this Agreement. Notwithstanding the above, ENGINEER may have portions of
the Services performed by its affiliated entities or their employees, in which event ENGINEER
shall be responsible for such services and CLIENT shall look solely to ENGINEER as if
ENGINEER performed the Services.
40W201 Wasco Road Suite D • St.Charles, Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475
Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14,2010
Page 6
In the event CLIENT uses a purchase order form to administer this Agreement, the use of such
form shall be for CLIENT's convenience purposes only, and any typed provision in conflict with
the terms of this Agreement and all preprinted terms and conditions contained in or on such
forms shall be deemed stricken and null and void.
Agreement gives no rights to anyone other than CITY/CLIENT and does not create any third
party beneficiaries to the Agreement, except as stated herein.
Compensation
This proposal provides for two alternative designs. The concept plans and estimated costs for
each alternative are attached for review. Compensation shall be based on the selected alternative
and paid for on a time and material not to exceed the following breakdown.
Waterford Unit No. 1 $2,655.80
Waterford Unit No. 2 $16,486.93
Waterford Unit No. 3 $19,264.71
Totals $38,407.44
In addition to the fees for professional services, costs for outside services and reimbursable
expenses, such as blueprinting and other reproduction services, will be billed to you at cost plus
ten (10) percent mark-up for handling. Sub-consultant fees will be billed to you plus a five (5)
percent markup for handling.
On January 1, 2011, and yearly thereafter, the fees and the hourly rates shall be escalated by an
amount not to exceed five(5)percent.
We will bill you every month for engineering services and reimbursable expenses and
acknowledge that payments will be made by the Surety after you have approved our invoices for
payment. The charges for both engineering services and reimbursable expenses included on each
billing will be separated by neighborhood. Payment is to be made within thirty(30) days of
receipt of our invoice. If you object to any invoice submitted by us, you shall so advise us in
writing giving reasons therefore within thirty(30)days of receipt of such invoice. If no such
objection is made, the invoice will be considered acceptable to you. We reserve the right to stop
work on the Project if our invoices are overdue by more than thirty(30) days. We shall not be
liable for damages arising out of any such stop of work,nor deemed to be in default of this
Agreement as a result thereof. These financial arrangements are based on the orderly and
continuous progress of the Project.
40W201 Wasco Road Suite D St.Charles, Illinois 60175 Phone 630/587-0470 • Fax 630/587-0475
Waterford Subdivision, Unit 1, Unit 2 and Unit 3 Punchlist Evaluation
Proposal
June 14, 2010
Page 7
Contents of Agreement
This proposal and the attached General Provisions and Exhibit A "Schedule of Hourly Rates for
Employee Classifications - 2010", attached hereto and incorporated herein, represent the entire
understanding between you and us in respect of the Project and may only be modified in writing
signed by both of us. If this proposal satisfactorily sets forth your understanding of the
arrangement between us, please sign the enclosed copy of this letter in the space provided below
and return it to us. This proposal will be open for acceptance for thirty (30) days from the date
hereon unless changed by us in writing.
Thank you for requesting Trotter and Associates, Inc. to provide professional services on this
Project.
Very truly yours,
TROTTER AND ASSOCIATES, INC.
C-D
Colin F. Shulick
Vice President
ACCEPTED THIS G, "t' DAY OF =-• ,2010
CITY OF ELGIN
BY: 000a R. Stegall
TITLE: City Manager
ATTESTED:
BY:
lliane Ito ertso
TITLE: City Clerk
ATTACHMENTS:
EXHIBT A-SCHEDULE OF HOURLY RATES FOR EMPLOYEE CLASSIFICATIONS 2010
EXHIBIT BI —WATERFORD UNIT No. I —MANHOUR ESTIMATE
EXHIBIT 132—WATERFORD UNIT No.2—MANHOUR ESTIMATE
EXHIBIT B3—WATERFORD UNIT No.3—MANHOUR ESTIMATE
40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475
Exhibit 81-Waterford Unit 1
Mart-hour Estimate
Post Construction/Inspection
Senior protect Senior Project Project Engineering Technician Technician Sub-
project Manager Protect- -Engineer II. Engineer I intern • Level N- Level Ili Survey Crew Consultants Relmbursables
Manager Engineer - •
Si 162.07-$ 152.81 $ 136.61 $. 101.33 $ 84.50 $ 39.96 $ 108.57 $ 93.77 $ 159.86 Cost Plus 5% Cost Plus 15%
Project Management _ • .
401 Administration
402 Budgets
403 Checklists
404 Clerical 3
408 Correspondence/Phone Call
409 We Management
410 File Management/Network
412 MeetingiAgency Staff)
413 Meeting(Client) 4 2
414 Meeting(Consultants)
415 Meeting(Minutes/Follow-Up)
416 Meeting(Qlher/Describe)
417 Meeting(Public)
418 Meeting(TAI Project Team)
419 Meeting(Scheduling/Preparation)
420 Quality Assurance/Control
421 Research
422 Scheduling
423 _‘Scope Determination
424 Status Report/Review
425 Sub-Consultants/Administration
Engineering and Design
501 Computer Calculations
502 Cost Estimates 3
503 Data Analysis/Report Writing 3
504 Data Compilation
505 J Street Lighting Inspection
506 Grading and Erosion Control Inspection
507 Inspection General Services
509 Pavement(Roads.Paths and Sidewalks)Inspection
510 Sanitary Sewer Inspection and Video Tape Review
513 Watermain Inspection
514 Storm Sewer Inspection and Video Tape Review
515 Landscaping Inspection and Review
516 Environmental Engineering
517 _Financing/Grants a Loans
531 Record Drawing Reivew 2
532 _Quantity Takeoffs
533 Right-ol-Way Easements
534 Site Analysis
535 Site Visit/Puchlist Inspection 3 3
536 Soils Analysis
537 _Specifications
539 Utility Coordination
540 Wetland Design
0 0 Total
0 0 13 0 0 3 7 0 0 0 0
$ $ - $ 1.775.93- $ - S - S 119.88 $ 759.99 $ - S $ $ • $ 2,655.80
Exhibit 82-Waterford Unit 2
Man-hour Estimate
Post Construction/Inspection
Senior Project Senior Project - Project Engineering Technician Technician Survey Sub-
project Reimbursables
Manager Project Engineer II Engineer I Intern Level IV Level ill Crew Consultants
Manager Engineer ,
$ 162.07,.$ 152.81 $ 136.61,$ 101.33 $- 84.50 $ 39.96 $ 108.57 $ 93.77 $ 159.86, Cost Plus 5% Cost Pius 15
Project Management -.
401 Administration
402 Budgets -
403 Checklists
404 Clerical 10
408 Correspondence/Phone Call - _ .
409 File Management
- 410 Fib Management/Network -
412 Meeting(Agency Staff)
413 Meeting(Client) 6 4
414 Meeting(Consultants)
415 Meeting{_Minutes/Follow-Up) .
416 Meeting(Other/Describe) _
417 Meeting(Publics -
-
416 Meeting(TAI Project Team" _
419 Meeting(Scheduling/Preparation)
420 Quality Assurance/Control
421 Research _
422 Scheduling ,
423 Scope Determination
424 Status Report/Review
425 Sub-Consultants/Administration
Engineering and Design
501 Computer Calculations
502 Cost Estimates 4
503 Data Analysis/Report Writing _ 24 5
504 Data Compilation
505 Street Lighting Inspection 2
506 Grading and Erosion Control inspection 3.5 3.5 _
507 Inspection General Services - _
509 Pavement(Roads,Paths and Sidewalks)Inspection 7 _ 7 ,
510 Sanitary Sewer Inspection and Video Tape Review 6 14
513 Watermain Inspection 10 10
514 Storm Sewer Inspection and Video Tape Review 5 13 _
515 Landscaping Infection and Review 1 1 -
516 Environmental Engineering _ .
517 Financing/Grants 8 Loans _ _
531 Record Drawing Review 5 _
532 Quantity Takeoffs ,
533 Right-of-Way Easements _ - _
534 Site Analysis _ .
535 Site Visit/Puchlist inspection _
536 Soils Analysis _
537 Specifications .
539 Utaity Coordination
540 Wetland Design
0 0 Total
0 0 66.5 0 0 10 54.5 0 0 0 0
$ • $ - $ 9.084.57 $ - ,$ • $ 399.60,5 7.002.77 $ $ - $ - $ - S 16,486.93
_�
•
i•
Exhibit B3-Waterford Unit 3
Man-how Estimate
Post Construction/Inspection
Senr Senior
o
Project Project: Project Engineering `Technician' Technician Survey Sub-
- Project • Project ' Reimbursable:
Manager Engineerl! Engineer • .Intern Level IV -.Leve101 Crew Consultants'. : _
• 162.07 152.81 $ ••136.61 101.33 •-84.50 --• 39.96. _• 108.57 .93.77 •. 159.86 .Cost Plus 5% Cost Plus 15%
Pro act Mona,ement
401 Administration
402 Bud•els
403 Checklists
404 Clerical 15
408 Corres.ondence/Phone Call
409 File Mana•ement 11
410 File Mana•ement/Network
412 Meetin• ••enc Sla
413 Meetin• Client 6 3
414 Meetin• Consultants
415 Meetin• Minutes/Follow-U.
416 Meetin• Other/Describe
417 Meetin• Public
418 Meetin• TAI Pr•'ect Team
419 Meetin• Schedulin•/Pre•aration
420 Quail Assurance/Control
421 Research
422 Scheduti •
423 Sco.e Determination
424 Status Re•ort/Review
425 Sub-Consultants/Administration
En,neer! •and Des'.n
501 Coin•uter Calculations
502 Cost Estimates 4
503 Data Anal sislRe••rt Writin• 23 5
504 Data Com.iladon
505 Street Li,htin•ins•ection 3
506 Cradle,and Erosion Control Ins•, Von 4 4
507 ins.action General Services
509 Pavement Roads Paths and Sidewalks Ins'action 12 12
510 Sant Sewer Ins•ection and Video Ta.e Review 10 12
513 Watermaln Ins• Ction 12 12
514 Storm Sewer In •ection and Video Ta•e Review 7 11
515 Landsea.in•In-••often and Review 3 3
516 Environmental •ineerin.
517 Financin•/Grants&Loans
531 Record Drawin•Review 5
532 Quantit Takeoffs
533 R'•hiof-Wa Easements
534 Site Anal sis
535 Site Visit/Puchtist ins•ection
536 Soils Analysis
537 S•ecifications
539 Utilit Coordination
540 Wetland Desi•n
0 0 Total
0 0 81 0 0 15 70 0 0 0 0 .111111111111.11.11..
$ _.i $ - $11 065.41 5_____ S $ 599.40 $ 7.599.90 S. - $ - $ $ - 1131111111/0=11i
•