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18-134
Resolution No. 18-134 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT ITH BAXTER& WOODMAN CONSULTING ENGINEERS, INC. FOR PROFESSIONA SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WA ER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLAN' AND/OR STRUCTURAL SUBMITTALS BE IT RESOLVED BY THE CITY COUNCIL OF HE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)t le City Council hereby finds that an exception to the requirements of the procurement ordinance is I ecessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY CO NCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimbe I y A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on be alf of the City of Elgin with Baxter & Woodman Consulting Engineers, Inc., for professional ser ices in connection with the review of Kane County Storm Water Applications and/or civil engin-ering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and ade a part hereof by reference. s/ Davis J. Kastain David 1. Kaptain, Mayor Presented: December 19, 2018 Adopted: December 19, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 19th day of December , 2018, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Baxter & Woodman Consulting Engineers, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals (hereinafter referred to as the "PROJECT"). AND WHEREAS,the ENGINEER represents that 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 . 1 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.org/documentview.asp?DID=469), and as amended from time to time. D. A detailed Scope of Services attached hereto as "Exhibit A". E. It is agreed and understood that the work to be performed by the ENGINEER shall be on an assignment basis as determined by the ADMINISTRATOR of the CITY. It is further agreed and understood that this Agreement is not exclusive and that the CITY will be Page 1 of 9 making assignments for similar services to other engi eers. No work shall be performed by the ENGINEER and no compensation shall be sue to the ENGINEER unless the ENGINEER receives a written assignment for work f om the ADMINISTRATOR of the CITY. II. PROGRESS REPORTS A. The ENGINEER shall provide written comments or an approval letter within fifteen (15) working days of receiving a complete Kane C•unty Stormwater Application or a complete civil engineering site/subdivision plans or .tructural submittals as defined by Title 21 of the Elgin Municipal Code, as amended. notice of an incomplete submittal shall be sent to the CITY within five(5) working days B. For CONSTRUCTION INSPECTION, The :NGINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed to the developers Schedule included in the submittal and as defined by the ordinances, sta dards and specifications referred to in Section I.C. hereof. III. WORK PRODUCTS All work product prepared by the ENGINEER pursuant iereto including, but not limited to, reports, plans, designs, calculations, work drawings, .tudies, photographs, models and recommendations shall be the property of the CITY and sl all be delivered to the CITY upon request of the ADMINISTRATOR;provided,however,th.t the ENGINEER may retain copies of such work product for its records. ENGINEER'S •xecution of this Agreement shall constitute ENGINEER'S conveyance and assignment of.11 right, title and interest, including but not limited to any copyright interest, by the ENGIN ER to the CITY of all such work product prepared by the ENGINEER pursuant to this Ag eement. The CITY shall have the right either on its own or through such other engineers a• determined by the CITY to utilize and/or amend such work product. Any such amendment o such work product shall be at the sole risk of the CITY. Such work product is not intended o represented to be suitable for reuse by the CITY on any extension to the PROJECT or on an other project, and such reuse shall be at the sole risk of the CITY without liability or legal e isosure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be rei bursed based on the actual units of work provided and the attached Schedule of Fees atta•hed hereto as "Exhibit B". B. For outside services provided by other firms or susconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 5 % (Initial7YA ). C. The CITY shall make periodic payments to the EN I INEER based upon actual progress within 30 days after receipt and approval of submitte' invoices. Said periodic payments to the ENGINEER for each task shall not be made unt'1 the task is completed and accepted by the ADMINISTRATOR. Page 2 of 9 V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY which shall include the project name, address, the City of Elgin Stermwater Escrow Account Number or project number as directed. Progress reports(II.B.a 0 ove),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing ac al time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATO' to inspect and audit all data and records of the ENGINEER for work done under this • greement. The ENGINEER shall make these records available at reasonable times duri g the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CIT 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 .hall be paid for services actually performed and reimbursable expenses actually incurr-d 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 he ENGINEER is given a notice to proceed and, unless terminated for cause or pursu.nt to Article V, shall be deemed concluded on the date the CITY determines that all o the ENGINEERS work under this agreement is completed but no later than Decemb-r 31, 2023. 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 provisio of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for addition.l compensation as a result of action taken by the CITY, the ENGINEER shall give writte notice of their claim within fifteen (15) days after occurrence of such action. No claim or additional compensation shall be valid unless so made. Any changes in the ENGINEER. fee shall be valid only to the extent that such changes are included in writing signed •y 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 A:reement as determined by the ADMINISTRATOR shall proceed without interruptio . IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agree ent, such violation or breach shall be deemed to constitute a default, and the other party has d e right to seek such administrative, contractual or legal remedies as may be suitable to the vis lation 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 Agreeme t,the other party may terminate this Page 3 of 9 Agreement. Notwithstanding the foregoing,or anything el.e to the contrary in this Agreement, with the sole exception of an action to recover the monie• the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shal be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER heresy 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 oth-rwise be entitled pursuant to law, including, but not limited to, the Local Government Pro est 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 ENG EER arising out of this Agreement must be filed within one year of the date the alleged caus: of action arose or the same will be time-barred. The provisions of this paragraph shall surviv- any expiration, completion and/or termination of this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER atrees to and shall indemnify, defend and hold harmless the CITY,its officers, employees, atents,boards and commissions from and against any and all claims, suits,judgments, cost,, attorney's fees, damages or other relief, including but not limited to workers' compen•ation claims, in any way resulting from or arising out of negligent actions or omission, of the ENGINEER in connection herewith, including negligence or omissions of empl n yees 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 co issions, covered by the foregoing duty to indemnify,defend and hold harmless such acti on shall be defended by legal counsel of the CITY's choosing. The provisions of this paratraph shall survive any completion, expiration and/or termination of this agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of th- 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 tit's Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER sha 1 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 1-ast$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the ADMINIST' TOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL SURED. The policy shall not be modified or terminated without thirty (30) day s prior written notice to the ADMINISTRATOR. The Certificate of Insurance which shall include Co tactual obligation assumed by the ENGINEER under Article X entitled "Indemnificatio " shall be provided. Page 4 of 9 This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other avail.ble insurance, alternatively, if the insurance states that it is excess or prorate, it shall be indorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Co prehensive Automobile Liability Insurance written in occurrence form covering all o, ned, non-owned and hired motor vehicles with limits of not less than $500,000 per occui ence for damage to property. C. Combined Single Limit Policy. The requireme is for insurance coverage for the general liability and auto exposures may be met with a I ombined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall ca y Engineer's Professional Liability Insurance covering claims resulting from error, o issions 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 ADMINIST• • TOR as evidence of insurance protection. The policy shall not be modified or termi ated 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 charg of and shall not be responsible for construction means, methods, techniques, sequen es or procedures, or for safety precautions and programs in connection with th 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 ollowing: employment advertising, layoff or termination, rates of pay or other forms •f compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimina ion in receipt of the benefit of any services or activities made possible by or resulting fro this Agreement on the grounds of sex,race,color, creed,national origin, age except mini urn 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 i aterial provision of this Agreement and shall be grounds for cancellation,termination or s i spension, in whole or in part,of the Agreement by the CITY. XV.ASSIGNMENT AND SUCCESSORS Page 5 of 9 This Agreement and each and every portion thereof s 1 all be binding upon the successors and the assigns of the parties hereto; provided, howevsr, that no assignment shall be made without the prior written consent of the CITY. XVI.DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall b: subject to all the terms, conditions and other provisions of this Agreement and the ENGIN ER shall remain liable to the CITY with respect to each and every item,condition and othe provision hereof to the same extent that the ENGINEER would have been obligated if i 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 c eate a partnership, joint venture, employment or other agency relationship between the s arties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, s s-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, s all be held to be void or otherwise unenforceable, all other portions of this Agreement sh;11 remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agree 1 ent are inserted only as a matter of convenience and for reference and in no way are they ntended 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 i terpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the en ire Agreement of the parties on the subject matter hereof and may not be changed,modifi.d, discharged or extended except by written amendment duly executed by the parties. Eac party agrees that no representations or warranties shall be binding upon the other party unl-ss expressed in writing herein or in a duly executed amendment hereof, or change order a' herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been m;de in, and shall be construed in accordance with the laws of the State of Illinois. Ven e for the resolution of any disputes or the enforcement of any rights pursuant to this agree ent shall be in the Circuit Court of Kane County, Illinois. XXII.NEWS RELEASES Page 6 of 9 The ENGINEER may not issue any news releases without prior approval from the ADMINISTRATOR,nor will the ENGINEER make p blic 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 CONSULT• NTS The ENGINEER shall cooperate with any other consu tants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRA STING 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 ;ny similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER sh.11 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 e amples; D. the vendor's internal complaint process includ'ng penalties; E. the legal recourse, investigative and compl.int process available through the Illinois Department of Human Rights, and the llinois Human Rights Commission; F. directions on how to contact the department a • commission; G. protection against retaliation as provided by 'ection 6-101 of the Human Rights Act. A copy of the policies must be provided to the Depart;; ent of Human Rights upon request per 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communicatio s by the ENGINEER to the ADMINISTRATOR and to other participants which .y affect cost or time of completion, shall be made or confirmed in writing. The ADMIN STRATOR may also require other recommendations and communications by the EN•1NEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under thi Agreement shall be in writing and shall be mailed by First Class Mail, postage prepais, to the addresses listed in Section XXIX. Page 7 of 9 XXVIII. SUBSTANCE ABUSE PROGRAM As a condition of this agreement,ENGINEER shall ha e in place a written substance abuse prevention program which meets or exceeds the prog am requirements in the Substance Abuse Prevention Public Works Project Act at 820 I I CS 265/1 et seq. A copy of such policy shall be provided to the ADMINISTRATOR p 'or to the entry into and execution of this agreement. XXIX. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agrei ment 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, Ci iy and other requirements of law, including, but not limited to, any applicable require ents regarding prevailing wages, minimum wage, workplace safety and legal status o employees. Without limiting the foregoing, ENGINEER hereby certifies, represents ;nd warrants to the CITY that all ENGINEER'S employees and/or agents who will be IIroviding products and/or services with respect to this Agreement shall be legal resident• of the United States. ENGINEER shall also at its expense secure all permits and license., pay all charges and fees and give all notices necessary and incident to the due and lawfu prosecution of the work,and/or the products and/or services to be provided for in this A tAreement. 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 th s 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 ENG EER Ronald L. Rudd, P.E. John Ambr I se, P.E. City Engineer/Administrator President/C:0 City of Elgin Baxter&Woodman Consulting Engineers, Inc. 150 Dexter Court 8678 Ridge eld Road Elgin, Illinois 60120-5527 Crystal Lako, Illinois 60012-2714 (847) 931-6081 (815) 459-1.60 rudd r@citvofelgin.org 'ambrose ' ,axterwoodman.com 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 egA,By Byjeue,INAA,e4 " 'K oy, K ewis Rick Kozal City Clerk City Manager Sic n-eo( b j (SEAL) J/ AAAA "",._'_ Va_Cdf) For the ENGINEER: SSI S>���� CC �VIGeir' Dated this 8th day of October , A.D., 2018. ATTEST: By22�'1A-A 7��-0"1--P\_. By John Ambrose, P.E. Notary Public President/CEO OFFICIAL SEAL BARBARA TOBIN (SEAL) NOTARY PUBLIC,STATE OF ILLINOIS MC HENRY COUNTY MY COMMISSION EXPIRES 11/27/2021 Page 9 of 9 Exhibit "A" SCOPE OF SERVICES A. All work hereunder shall be performed under the d irection of the City of Elgin's Administrator as defined by the Kane County Stormwa er Ordinance effective January 1, 2002, as adopted by the City of Elgin on December 19, '001 and as amended from time to time by the CITY. Work may also be performed under t e 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 limiteo to the following services: I. REVIEW, COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submitt.l, civil site plan submittal, civil subdivision submittal or structural submittal (i.e., lift statins, bridges, offsite improvements, force mains, water main extensions, etc.), ENGINEER shall notify the CITY of his/her approximate cost, inspect the property under develop ent consideration and log project in/out. 2. ENGINEER shall attend meetings with City staff and the :pplicant seeking a permit from the CITY. The ENGINEER shall prepare minutes for said eetings and will represent the City in any disputes with other agencies or the applicant. 3. Within fifteen (15) working days of receiving the deve oper's submittal, the ENGINEER shall submit to the ADMINISTRATOR a letter approvi g the application or detailing the items that need to be addressed in order to obtain a l:tter 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 CI Y in storm water and engineering matters including, but not limited to, soil erosion and •edimentation control, storm water runoff, soil analysis, natural resources, tree surveys, tile surveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, .treet construction, horizontal and vertical street control, water main, sanitary sewer and sto sewer layout and design and all generally accepted engineering improvements. 5. The ENGINEER shall provide general review of the 'reliminary and Final Plans, Plats, Storm water Submittals and supporting documents (comp I tations, design parameters,reports, opinion's of probable cost, etc.) hereinafter referred to a. PLAN, submitted by private land development entities and shall issue reports and detailed .pinions on the compliance of these documents with the content requirements CITY'S Storm water Control Ordinances, City of Elgin Municipal Code and Engineering & Construction S iandards and sound engineering and land surveying practices, to assist the City in their review s nd PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route storm water runoff through proposed subdivisions and la d developments and to consult and render advice on the design of storm water conveyance ;nd 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 manu.l s, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall insure all notifications as require,' by the Kane County Stormwater Ordinance are properly prepared, executed and mailed to t e 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 th- means, methods or techniques of the project. II. CONSTRUCTION INSPECTION AND DOCUMENT TION 1. ENGINEER shall provide a project representative, assis ants, and other field staff to assist the CITY in observing the progress of and performance .y developers and their contractors, agents, etc. at specific project sites as more fully describe. below: a. Make periodic visits to the site to observe as an e• perienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance ith the approved and permitted plans. ENGINEER shall not be required to make xhaustive or continuous on-site inspections to check the quality or quantity of wor ; he shall not be responsible for the means, methods, techniques, sequences or pro edures 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 step orders nor shall ENGINEER have responsibility charge of the construction sit- 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 c o ntractor(s) or agents to perform the construction work in accordance with the .pproved 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 dev-lopers or their contractor(s) and may recommend that the CITY reject the wor. as failing to conform to the approved and permitted plans. b. The ENGINEER shall attend meetings with .evelopers and their respective contractor(s) such as preconstruction confere ces, progress meetings, job conferences and other project related meetings, an. prepare and circulate copies of meeting minutes thereof c. The ENGINEER shall serve as liaison between CI Y and developers in conveying information and project status reports and in obta ping from developers additional details or information required to evaluate the proj:ct. d. Within three (3) working days, report to th- CITY the discovery of an unsatisfactory, faulty or defective work which the ENGINEER believes would not conform to the approved and permitted plans or ork 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 :NGINEER 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 CI Y in evaluating suggestions or requests made by developers and developers consultants for modifications in approved and permitted plans and transmit to dev:loper decisions as issued by the CITY. f. The ENGINEER shall furnish periodic reports on he progress of the work and of developers compliance with the approved and permitted plans and progress schedules, consult with the CITY and advise whe major tests are scheduled, and assist the CITY in conducting final inspection- at completion of the project improvements. g. Based on the on-site observations and evaluation •f the progress of the work as an experienced and qualified design professional, re iew applications for partial and complete release of financial surety poste• by developers and make recommendations to the CITY. Such reco endations will constitute a representation to the CITY, based on such observ.tions 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 .1 accordance with the approved and permitted plans (subject to an evaluation of th- work as a functioning project) upon substantial completion, to the results of any .ubsequent tests called for in the approved and permitted plans, and to any qu.lification for payment. The ENGINEER will not be deemed to have reprI sented that he has made any examination to determine how or for what p Doses any developer or their contractor(s) or agents have utilized moneys paid •n account, or that title to any of the contractor(s) work, materials or equipment h.s passed to the CITY free and clear of any lien, claims, security interests or encu ibrances. h. In conducting periodic job site observations anproviding construction review services, the ENGINEER shall be bound by cert.in limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviations 'prom the approved and permitted plans or substitution of materials or equipment ithout the approval of the CITY following receipt and review of a properly documented request by developer accompanied by a concurrence and/or ame ded plan document from the developer's professional engineering consultant. ii. ENGINEER shall not undertake any of the res D onsibilities of developer and/or developer's contractors or agents. iii.ENGINEER shall not advise on, issue directio s relative to, or assume control over any aspect of the means, methods, techni•ues, sequences or procedures of construction by contractors engaged by devel•per. ENGINEER shall instead notify the CITY, within three (3) working d.ys, and relay instructions from CITY to developer. ENGINEER shall instead notify the CITY, within three (3) working days, and relay instructions from CITY to developer. City of Elgin Engineenng Agreement iv.ENGINEER shall not advise on, issue directio s regarding, or assume control over safety precautions, traffic controls or safe y programs in connection with the work. 2. Following substantial completion of public infrastructure mprovements and at the request of the CITY, review record drawings submitted on behalf o 1 developers, issue an opinion as to content and completeness, and evaluate the Record dra ings to determine whether or not they demonstrate the project was constructed in substantia accordance with the approved and permitted plans and design intent and/or prepare a list o observed or apparent deficiencies. On behalf of the CITY, relay such comments and lists o deficiencies to developer, conduct follow-up inspections with the CITY representatives to c eck remedial measures undertaken by developer, and issue a final project status report a d recommendation for release of financial surety. F:\Public_Works\Engineering\Consultant Agreements Last Drawer Up Front\2019 Engine 'ng Agreements Expire 2023\Exhibit A-Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement CITY OF ELGIN,ILLINOIS EXHIBIT B BAXTER&WOODMAN,INC. 2018 HOURLY BILLING RATES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY BILLING RATES Principal $190 Senior Engineer III to IV $150 to $175 Senior Engineer I to II $125 to $140 Engineer III to IV $105 to $115 Engineer Ito II $90 to $95 Engineering Technician III to V $115 to $145 Engineering Technician Ito II $60 to $105 Senior Geologist $140 Professional Surveyor I $145 Administrative Support I to III $70 to $78 Marketing Professional I to III $70 to $80 Accounting Professional I to III $70 to $80 Hourly rates for inspection services do not include any overtime. The Engineer may adjust the hourly billing rate and out-of-pocket expenses on or about January 1 of each subsequent year and will send the new schedule to the Owner. Hourly Billing Rates include direct labor and indirect overhead expenses,readiness to serve,and profit,and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by the U.S.Internal Revenue Service. Company-owned/leased vehicle usage will be reimbursed at a rate of$65.00 per diem or$32.50 per half diem. Traffic Counters$50/day. Miovision Traffic System usage will be reimbursed at a rate of$600.00 per diem and $24.00 per hour processing. Sub-consultant costs will be reimbursed at their invoice costs plus 5% BAXTEREIWOODNAN I ® A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) l0/9/Zola THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company ,alc°.No.Ext): (847) 412-1414 FAX Risk 650 Dundee Road E-MAIL ADDRESS: Suite 170 INSURER(S)AFFORDING COVERAGE NAIC# Northbrook IL 60062 INsuRERA:Valley Forge Ins Co 20508 INSURED INSURER B:Continental Insurance Company BAXTER & WOODMAN, INC INSURERc:Continental Casualty Company 8678 RIDGEFIELD ROAD INSURERD: INSURER E: CRYSTAL LAKE IL 60012 INSURERF: COVERAGES CERTIFICATE NUMBER:CL17122151265 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMIDD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR PREMISES TO(Ea occurrence) 1,000,000 X primary/non contributory 6045872351 1/1/2018 1/1/2019 MED EXP(Any one person) $ 15,000 X subj to written contract PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X jECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS 6045872348 1/1/2018 1/1/2019 BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) - $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS-MADE 6045872365 1/1/2018 1/1/2019 AGGREGATE S 5,000,000 DED RETENTION$ S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) 6045872379 1/1/2018 1/1/2019 E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability AEH591900841 1/1/2018 1/1/2019 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Kane County Storm Water Applications - City of Elgin is included as additional insureds per blanket endorsement as respect GL, subject to written contract requiring same. GL is primary & non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 150 Dexter Court ACCORDANCE WITH THE POLICY PROVISIONS. Elgin, IL 60120-5527 AUTHORIZED REPRESENTATIVE Michael Christian/CID ' �'` G �~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)