13-158 Resolution No. 13-158
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HR GREEN FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY
STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITES/SUBDIVISION
PLANS AND/OR STRUCTURAL SUBMITTALS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS;
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with HR Green
for professional services in connection with the review of Kane County Storm Water
Applications and/or Civil Engineering Sites/Subdivision Plans and/or Structural Submittals
Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 25, 2013
Adopted: September 25, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of September , 2013, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and HR Green (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the review of Kane County Storm Water Applications and/or civil
engineering site/subdivision plans and/or structural submittals (hereinafter referred to as the
"PROJECT").
AND
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience
to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the CITY and the ENGINEER agree that the City does hereby retain the
ENGINEER to act for and represent the CITY in the engineering matters involved in the
PROJECT as set forth herein subject to the following terms conditions and stipulations, to wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Administrator of the
CITY, herein after referred to as the "ADMINISTRATOR".
B. The ENGINEER shall provide all necessary services to ensure development plans are
completed and implemented in accordance with the Kane County Stormwater Ordinance
as adopted by the City of Elgin pursuant to Title 21 of the Elgin Municipal Code, as
amended from time to time.
C. The ENGINEER shall provide all necessary services to ensure development plans are
completed and implemented in accordance with all applicable requirements of law
including, but not limited to, the City of Elgin Municipal Code (available on-line at
http://www.sterlingcodifiers.com/codebook/index.php?book id=524 and the City of
Elgin Engineering and Construction Standards and Specifications (available on line at
http://www.cityofelgin.ora/documentview.asp?DID=469, and as amended from time to
time.
D. A detailed Scope of Services attached hereto as "Exhibit A".
E. It is agreed and understood that the work to be performed by the ENGINEER shall be
on an assignment basis as determined by the ADMINISTRATOR of the CITY. It is
further agreed and understood that this Agreement is not exclusive and that the CITY will
be making assignments for similar services to other engineers.
City of Elgin Engineering Agreement Page 1 of 9
II. PROGRESS REPORTS
A. The ENGINEER shall provide written comments or an approval letter within fifteen
(15) working days of receiving a complete Kane County Stormwater Application or a
complete civil engineering site/subdivision plans or structural submittals as defined by
Title 21 of the Elgin Municipal Code, as amended. A notice of an incomplete submittal
shall be sent to the CITY within five (5) working days. .
B. For CONSTRUCTION INSPECTION, The ENGINEER shall submit to the
Administrator monthly a Status Reports keyed to the developers Schedule included in the
submittal and as defined by the ordinances, standards and specifications referred to in
Section IC hereof.
III. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including, but not limited to,
reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the ADMINISTRATOR; provided, however, that the ENGINEER may retain
copies of such work product for its records. ENGINEER'S execution of this Agreement
shall constitute ENGINEER'S conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest, by the ENGINEER to the CITY of all
such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall
have the right either on its own or through such other engineers as determined by the CITY
to utilize and/or amend such work product. Any such amendment to such work product shall
be at the sole risk of the CITY. Such work product is not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
IV. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be reimbursed based on the actual units of
work provided and the attached Schedule of Fees attached hereto as"Exhibit B".
B. For outside services provided by other firms or subconsultants, the CITY shall pay the
ENGINEER the invoiced fee to the ENGINEER, plus_ %(Initial
C. The CITY shall make periodic payments to the ENGINEER bas d upon actual
progress within 30 days after receipt and approval of submitted invoices. Said periodic
payments to the ENGINEER for each task shall not be made until the task is completed
and accepted by the ADMINISTRATOR.
V. INVOICES
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A. The ENGINEER shall submit invoices in a format approved by the CITY which shall
include the project name, address, the City of Elgin Stormwater Escrow Account Number
or project number as directed. Progress reports (II. B. above), if applicable, will be
included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the ADMINISTRATOR to inspect and audit all
data and records of the ENGINEER for work done under this Agreement. The
ENGINEER shall make these records available at reasonable times during the Agreement
period, and for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that
this Agreement is so terminated, the ENGINEER shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to Article V, shall be deemed
concluded on the date the CITY determines that all of the ENGINEERS work under this
agreement is completed but no later than December 31, 2018. A determination of
completion shall not constitute a waiver of any rights or claims that the CITY may have
or thereafter acquire with respect to any term or provision of the Agreement.
VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY, the ENGINEER shall give written notice of their claim within
fifteen (15) days after occurrence of such action. No claim for additional compensation
shall be valid unless so made. Any changes in the ENGINEERS fee shall be valid only to
the extent that such changes are included in writing signed by the CITY and the
ENGINEER. Regardless of the decision of the ADMINISTRATOR relative to a claim
submitted by the ENGINEER, all work required under this Agreement as determined by
the ADMINISTRATOR shall proceed without interruption.
IX. BREACH OF CONTRACT
If either parry 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 of Elgin Engineering Agreement Page 3 of 9
CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be
commenced by the ENGINEER against the CITY for monetary damages. ENGINEER
hereby further waives any and all claims or rights to interest on money claimed to be due
pursuant to this Agreement, and waives any and all such rights to interest which it claims it
may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois
Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any
action by the ENGINEER arising out of this Agreement must be filed within one year of the
date the alleged cause of action arose or the same will be time-barred. The provisions of this
paragraph shall survive any expiration, completion and/or termination of this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend
and hold harmless the CITY, its officers, employees, agents, boards and commissions
from and against any and all claims, suits,judgments, costs, attorney's fees, damages or
other relief, including but not limited to workers' compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the ENGINEER in
connection herewith, including negligence or omissions of employees or agents of the
ENGINEER arising out of the performance of this Agreement. In the event of any action
against the CITY, its officers, employees, agents, boards or commissions, covered by the
foregoing duty to indemnify, defend and hold harmless such action shall be defended by
legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any
completion, expiration and/or termination of this agreement.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in
effect, during the term of this Agreement, a policy of comprehensive general liability
insurance written in occurrence form with limits of at least $1,000,000 aggregate for
bodily injury and $1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the ADMINISTRATOR a Certification of Insurance
naming the CITY OF ELGIN AS ADDITIONAL INSURED. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
ADMINISTRATOR.
The Certificate of Insurance which shall include Contractual obligation assumed by the
ENGINEER under Article X entitled "Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
City of Elgin Engineering Agreement Page 4 of 9
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be
primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance written in occurrence form covering all owned, non-owned and hired motor
vehicles with limits of not less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability
Insurance covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the ADMINISTRATOR as evidence of insurance
protection. The policy shall not be modified or terminated without thirty (30) days prior
written notice to the ADMINISTRATOR.
XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall
be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
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 sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
Any violation of this provision 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.
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XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be
made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the
CITY with respect to each and every item, condition and other provision hereof to the
same extent that the ENGINEER would have been obligated if it had done the work itself
and no assignment, delegation or subcontract had been made. Any proposed
subcontractor shall require the CITY'S advanced written approval.
XVII. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement, nor shall they be construed to
affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
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or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court
of Kane County, Illinois.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
ADMINISTRATOR, nor will the ENGINEER make public proposals developed under
this Agreement without prior written approval from the ADMINISTRATOR prior to said
documentation becoming matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any
work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
A. The illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the Department of Human Rights upon
request per 775 ILCS 5/2-105.
XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the
ADMINISTRATOR and to other participants which may affect cost or time of-
completion, shall be made or confirmed in writing. The ADMINISTRATOR may also
require other recommendations and communications by the ENGINEER be made or
confirmed in writing.
City of Elgin Engineering Agreement Page 7 of 9
XXVII. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
XXVIII. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, ENGINEER shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy
of such policy shall be provided to the ADMINISTRATOR prior to the entry into and
execution of this agreement.
XXIX. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and
understood that in connection with the performance of this Agreement that the
ENGINEER shall comply with all applicable Federal, State, City and other requirements
of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage, workplace safety and legal status of employees. Without
limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY
that all ENGINEER'S employees and/or agents who will be providing products and/or
services with respect to this Agreement shall be legal residents of the United States.
ENGINEER shall also at its expense secure all permits and licenses, pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this Agreement. The
CITY shall have the right to audit any records in the possession or control of the
ENGINEER to determine ENGINEER'S compliance with the provisions of this section.
In the event the CITY proceeds with such an audit the ENGINEER shall make available
to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER
shall pay any and all costs associated with any such audit.
As to CITY: As to ENGINEER
Joseph Evers, P.E. Ajay Jain
City Engineer/Administrator Senior Project Manager
City of Elgin HR Green
150 Dexter Court 4500 Prime Parkway
Elgin, Illinois 60120-5527 McHenry, IL 60050-2136
(847) 931-5958 Phone 815385-1778
(847) 931-5965 Fax ajain @smithengineering.com
Evers_j @cityofelgin.org
City of Elgin Engineering Agreement Page 8 of 9
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there
are no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By By �
Kim Dewis V Sean Stegall
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this day of AiA kt�s-r , A.D., 2013.
ATTEST:
By By
3oject y Jain
I� Pk- 6U YLLA� -Z �S Senior Manager
PE30Y L pOETrBCHE
OFFICIAL SEAL
(SEAL) N toypwft-stiftofIftiow
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City of Elgin Engineering Agreement Page 9 of 9
Exhibit "A"
SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City of Elgin's
Administrator as defined by the Kane County Stormwater Ordinance effective January 1,
2002, as adopted by the City of Elgin on December 19, 2001 and as amended from time to
time by the CITY. Work may also be performed under the direction of the City Engineer as
defined by the City of Elgin Municipal Code.
B. The work under this project shall include but is not limited to the following services:
I. REVIEW, CON11MENT AND APPROVAL
1. Upon receipt from the City of a storm water submittal, civil site plan submittal, civil
subdivision submittal or structural submittal, ENGINEER shall notify the CITY of his/her
approximate cost, inspect the property under development consideration and log project
in/out.
2. ENGINEER shall attend meetings with City staff and the applicant seeking a permit from the
CITY. The ENGINEER shall prepare minutes for said meetings and will represent the City
in any disputes with other agencies or the applicant.
3. Within fifteen (15) working days of receiving the developer's submittal, the ENGINEER
shall submit to the ADMINISTRATOR a letter approving the application or detailing the
items that need to be addressed in order to obtain a letter of approval. A notice of an
incomplete submittal shall be sent to the CITY within five (5)working days.
4. The ENGINEER shall review, assist and advise the CITY in storm water and engineering
matters including, but not limited to, soil erosion and sedimentation control, storm water
runoff, soil analysis, natural resources, tree surveys, tile surveys, water quality, flood plain,
wetlands, storm sewers, open channels, street layout, street construction, horizontal and
vertical street control, water main, sanitary sewer and storm sewer layout and design and all
generally accepted engineering improvements.
5. The ENGINEER shall provide general review of the Preliminary and Final Plans, Plats,
Storm water Submittals and supporting documents (computations, design parameters, reports,
opinion's of probable cost, etc.) hereinafter referred to as PLAN, submitted by private land
development entities and shall issue reports and detailed opinions on the compliance of these
documents with the content requirements CITY'S Storm water Control Ordinances, City of
Elgin Municipal Code and Engineering & Construction Standards and sound engineering and
land surveying practices, to assist the City in their review and PLAN approval process.
6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route
storm water runoff through proposed subdivisions and land developments and to consult and
render advice on the design of storm water conveyance and storage facilities, including the
issuance of narrative reports and design guidelines to assist the CITY in their review and plat
approval process.
City of Elgin Engineering Agreement
7. The ENGINEER shall represent the CITY relative to property conveyance, homeowners
associations, conditions and restrictions, operation manuals, maintenance responsibilities for
the public or quasi-public infrastructure improvement.
8. The ENGINEER shall insure all notifications as required by the Kane County Ordinance are
properly prepared, executed and mailed to the appropriate parties.
9. The ENGINEER shall not be responsible for omissions and errors of the applicant's
engineer, nor shall the ENGINEER be responsible for the means, methods or techniques of
the project.
II. CONSTRUCTION INSPECTION AND DOCUMENTATION
1. ENGINEER shall provide a project representative, assistants, and other field staff to assist
the CITY in observing the progress of and performance by developers and their contractors,
agents, etc. at specific project sites as more fully described below:
a. Make periodic visits to the site to observe as an experienced and qualified design
professional the progress and quality of the executed work and to determine in
general if the work is proceeding in accordance with the approved and permitted
plans. ENGINEER shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of work; he shall not be responsible for
the means, methods, techniques, sequences or procedures of construction selected
by developers or their contractor(s) or agents or the safety precautions and
programs incident to their work. ENGINEER shall specifically not have the
authority or responsibility to issue construction stop orders nor shall ENGINEER
have responsibility charge of the construction site or contractor operations. His
efforts will be directed toward informing the CITY of compliance or non-
compliance of the project with the approved plat documents, and he shall not be
responsible for the failure of developers or their contractor(s) or agents to perform
the construction work in accordance with the approved and permitted plans.
During such visits and on the basis of his on-site observations, he shall keep the
CITY informed of the progress of the work, shall endeavor to guard the CITY
against defects and deficiencies in the work of developers or their contractor(s) and
may recommend that the CITY reject the work as failing to conform to the
approved and permitted plans.
b. The ENGINEER shall attend meetings with developers and their respective
contractor(s) such as preconstruction conferences, progress meetings, job
conferences and other project related meetings, and prepare and circulate copies of
meeting minutes thereof.
c. The ENGINEER shall serve as liaison between CITY and developers in conveying
information and project status reports and in obtaining from developers additional
details or information required to evaluate the project.
d. Within five (5) working days, report to the CITY the discovery of an
unsatisfactory, faulty or defective work which the ENGINEER believes would not
conform to the approved and permitted plans or work that has been damaged or
does not meet the requirements of any inspection, test or approval required to be
City of Elgin Engineering Agreement
made, and advise the CITY of any work that ENGINEER believes should be
corrected or rejected or should be uncovered for observation or requires special
testing inspection or approval.
e. The ENGINEER shall consider and assist the CITY in evaluating suggestions or
requests made by developers and developers consultants for modifications in
approved and permitted plans and transmit to developer decisions as issued by the
CITY.
f. The ENGINEER shall furnish periodic reports on the progress of the work and of
developers compliance with the approved and permitted plans and progress
schedules, consult with the CITY and advise when major tests are scheduled, and
assist the CITY in conducting final inspections at completion of the project
improvements.
g. Based on the on-site observations and evaluation of the progress of the work as an
experienced and qualified design professional, review applications for partial and
complete release of financial surety posted by developers and make
recommendations to the CITY. Such recommendations will constitute a
representation to the CITY, based on such observations and review, that the work
has progressed to the point indicated and that, to the best of his knowledge,
information and belief, the quality of the work is in accordance with the approved
and permitted plans (subject to an evaluation of the work as a functioning project)
upon substantial completion, to the results of any subsequent tests called for in the
approved and permitted plans, and to any qualification for payment. The
ENGINEER will not be deemed to have represented that he has made any
examination to determine how or for what purposes any developer or their
contractor(s) or agents have utilized moneys paid on account, or that title to any of
the contractor(s) work, materials or equipment has passed to the CITY free and
clear of any lien, claims, security interests or encumbrances.
h. In conducting periodic job site observations and providing construction review
services, the ENGINEER shall be bound by certain limitations in the scope and
extent of services as described below:
i. ENGINEER shall not authorize any deviations from the approved and permitted
plans or substitution of materials or equipment without the approval of the CITY
following receipt and review of a properly documented request by developer
accompanied by a concurrence and/or amended plan document from the
developer's professional engineering consultant.
ii. ENGINEER shall not undertake any of the responsibilities of developer and/or
developer's contractors or agents.
iii.ENGINEER shall not advise on, issue directions relative to, or assume control
over any aspect of the means, methods, techniques, sequences or procedures of
construction by contractors engaged by developer. ENGINEER shall instead
notify the CITY, within five (5) working days, and relay instructions from CITY
to developer. ENGINEER shall instead notify the CITY, within five (5)
working days, and relay instructions from CITY to developer.
City of Elgin Engineering Agreement
i
iv.ENGINEER shall not advise on, issue directions regarding, or assume control
over safety precautions, traffic controls or safety programs in connection with
the work.
2. Following substantial completion of public infrastructure improvements and at the request of
the CITY, review record drawings submitted on behalf of developers, issue an opinion as to
content and completeness, and evaluate the Record drawings to determine whether or not
they demonstrate the project was constructed in substantial accordance with the approved and
permitted plans and design intent and/or prepare a list of observed or apparent deficiencies.
On behalf of the CITY, relay such comments and lists of deficiencies to developer, conduct
follow-up inspections with the CITY representatives to check remedial measures undertaken
by developer, and issue a final project status report and recommendation for release of
financial surety.
F:\Public_Works\Engineering\Consultant Agreements\2018 Engineering Agreements\Exhibit A-Scope of Services.docx
City of Elgin Engineering Agreement
I
"EXHIBIT B"
Schedule of Fees
HRC�ree� HR GREEN, INC.
Billing Rate Schedule
Effective January 1, 2013
Professional Services Billing Rate Range
Principal $185 - $250
Senior Professional $150 - $200
Professional $110 - $160
Junior Professional $80 - $115
Senior Technician $80 - $110
Technician $50 - $85
Senior Field Personnel $100 - $150
Field Personnel $70 - $105
Junior Field Personnel $50 - $80
1 Person w/ GPS or Robotic Equipment $105
2 Person Crew w/ GPS or Robotic Equipment $155
Administrative Coordinator $35 -$100
Administrative $40 - $80
Corporate Admin $55 - $90
Reimbursable Expenses
1. Auto mileage will be reimbursed per the standard mileage reimbursement rate
established by the Internal Revenue Service. Survey and construction vehicle mileage
will be reimbursed on the basis of$0.85 per mile.
ELGIN
THE CITY IN THE SUBURBS`
DATE: October 8, 2013
TO: Ron Rudd, Senior Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution Nos. 13-153 to 13-160 Adopted at the September 25, 2013, Council
Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Agreement with Baxter& Woodman Consulting Engineers, Inc. for Professional Services in
Connection with the Review of Kane County Storm Water Applications and/or Civil Engineering
Sites/Subdivision Plans and/or Structural Submittals Project
• Agreement with Crawford, Murphy& Tilly, Inc. for Professional Services in Connection with
the Review of Kane County Storm Water Applications and/or Civil Engineering
Sites/Subdivision Plans and/or Structural Submittals Project -
• Agreement with Engineering Resource Associates, Inc. for Professional Services in Connection
with the Review of Kane County Storm Water Applications and/or Civil Engineering
Sites/Subdivision Plans and/or Structural Submittals Project
• Agreement with Hampton, Lenzini & Renwick, Inc. for Professional Services in Connection with
the Review of Kane County Storm Water Applications and/or Civil Engineering
Sites/Subdivision Plans and/or Structural Submittals Project
• Agreement with Hey & Associates, Inc. for Professional Services in Connection with the Review
of Kane County Storm Water Applications and/or Civil Engineering Sites/Subdivision Plans
and/or Structural Submittals Project
• Agreement with HR Green for Professional Services in Connection with the Review of Kane
County Storm Water Applications and/or Civil Engineering Sites/Subdivision Plans and/or
Structural Submittals Project
• Agreement with Trotter& Associates, Inc. for Professional Services in Connection with the
Review of Kane County Storm Water Applications and/or Civil Engineering Sites/Subdivision
Plans and/or Structural Submittals Project
• Agreement with Wills Burke Kelsey Associates, Ltd. for Professional Services in
Connection with the Review of Kane County Storm Water Applications and/or Civil
Engineering Sites/Subdivision Plans and/or Structural Submittals Project