Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-135
Resolution No. 18-135 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES I CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APP ICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR 'TRUCTURAL SUBMITTALS BE IT RESOLVED BY THE CITY COUNCIL OF TI E CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) t e City Council hereby finds that an exception to the requirements of the procurement ordinance is ecessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY CO CIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimber y A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement o behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc., for professional service. in connection with the review of Kane County Storm Water Applications and/or civil engine-ring site/subdivision plans and/or structural submittals, a copy of which is attached hereto and ade a part hereof by reference. s/Davi. J. Kastain David . 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 co .oration (hereinafter referred to as "CITY") and Hampton, Lenzini& Renwick, Inc. (hereinaft-r referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGIN 1 R to furnish certain professional services in connection with the review of Kane County Sto iii Water Applications and/or civil engineering site/subdivision plans and/or structural submi als (hereinafter referred to as the "PROJECT"). AND WHEREAS,the ENGINEER represents that he is in corn•liance with Illinois Statutes relating to professional registration of individuals and has the necessarh expertise and experience to furnish such services upon the terms and conditions set forth herein •elow. NOW, THEREFORE, for and in consideration of the mu ual undertakings as set forth herein, and other good and valuable consideration, the receipt a d sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree tha the City does hereby retain the ENGINEER to act for and represent the CITY in the engineeri g matters involved in the PROJECT as set forth herein subject to the following terms conditions .1 d stipulations,to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the •irection of the Administrator of the CITY, herein after referred to as the "ADMINISTRA OR". B. The ENGINEER shall provide all necessary servi es to ensure development plans are completed and implemented in accordance with the ane County Stormwater Ordinance as adopted by the City of Elgin pursuant to Title '1 of the Elgin Municipal Code, as amended from time to time. C. The ENGINEER shall provide all necessary sery ces to ensure development plans are completed and implemented in accordance with .11 applicable requirements of law including, but not limited to, the City of Elgin unicipal Code (available on-line at http://www.sterlingcodifiers.com/codebook/index.ph•?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"1 xhibit 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 ADMIN STRATOR of the CITY. It is further agreed and understood that this Agreement is not •xclusive and that the CITY will be making assignments for similar services to other entineers. No work shall be performed Page 1 of 9 by the ENGINEER and no compensation shall be o ue 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 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. ° notice of an incomplete submittal shall be sent to the CITY within five (5)working day . B. For CONSTRUCTION INSPECTION, The I NGINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed o 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 I ereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and .hall be delivered to the CITY upon request of the ADMINISTRATOR;provided,however,thl t 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.11 right, title and interest, including but not limited to any copyright interest, by the ENG EER to the CITY of all such work product prepared by the ENGINEER pursuant to this A eement. The CITY shall have the right either on its own or through such other engineers .s 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 n r represented to be suitable for reuse by the CITY on any extension to the PROJECT or on a y other project, and such reuse shall be at the sole risk of the CITY without liability or legal e posure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be Nil bursed based on the actual units of work provided and the attached Schedule of Fees an.ched hereto as"Exhibit B". B. For outside services provided by other firms or s 'consultants, the CITY Yshall pay the ENGINEER the invoiced fee to the ENGINEER,plus . .- % (Initial 12�. ). C. The CITY shall make periodic payments to the E GINEER based upon actual progress within 30 days after receipt and approval of submitt-d invoices. Said periodic payments to the ENGINEER for each task shall not be made un it 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•ove),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing a ual time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATOI' 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 duril 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 incu ,ed 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 pursui nt to Article V, shall be deemed concluded on the date the CITY determines that all •f the ENGINEERS work under this agreement is completed but no later than Decem I er 31, 2023. A determination of completion shall not constitute a waiver of any rights •r claims that the CITY may have or thereafter acquire with respect to any term or provisi in of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additio i al compensation as a result of action taken by the CITY, the ENGINEER shall give writt-i notice of their claim within fifteen (15) days after occurrence of such action. No claim I or additional compensation shall be valid unless so made. Any changes in the ENGINEE' S 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 ADMINISTRATO' relative to a claim submitted by the ENGINEER, all work required under this ' :reement as determined by the ADMINISTRATOR shall proceed without interrupti in. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agre-ment, 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 v olation or breach; and, in addition, if either party, by reason of any default, fails within fiftee (15) days after notice thereof by the other party to comply with the conditions of the Agreem;nt,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 shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER her;by further waives any and all claims or rights to interest on money claimed to be due pursuan to this Agreement, and waives any and all such rights to interest which it claims it may of erwise be entitled pursuant to law, including, but not limited to, the Local Government Pro pt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILC205/1, 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 survi e any expiration,completion and/or termination of this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER a: ees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, .rents,boards and commissions from and against any and all claims, suits,judgments, cos is, attorney's fees, damages or other relief, including but not limited to workers' compe sation claims, in any way resulting from or arising out of negligent actions or omissio s of the ENGINEER in connection herewith, including negligence or omissions of emp oyees or agents of the ENGINEER arising out of the performance of this Agreement. the event of any action against the CITY, its officers, employees, agents, boards or co missions, 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 par.graph shall survive any completion, expiration and/or termination of this agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee oft e CITY shall be charged personally or held contractually liable under any term or proviso on of this Agreement or because of their execution, approval or attempted execution oft is Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER sh:11 provide, pay for and maintain in effect, during the term of this Agreement, a polic 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 damag:. 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) s ays 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. Page 4 of 9 This insurance shall apply as primary insurance with r•spect to any other insurance or self- insurance programs afforded to the CITY. There shal be no endorsement or modification of this insurance to make it excess over other avai able 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. Co 1 prehensive Automobile Liability Insurance written in occurrence form covering all •wned, non-owned and hired motor vehicles with limits of not less than $500,000 per occ rrence for damage to property. C. Combined Single Limit Policy. The requirem-nts for insurance coverage for the general liability and auto exposures may be met with . combined 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, •missions or negligent acts with a combined single limit of not less than $1,000,001 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 to inated 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, segue 1 ces or procedures, or for safety precautions and programs in connection with t e construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulti g 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, oft e 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 form• of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimi ation 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 mi imum age and retirement provisions, marital status or the presence of any sensory, menta 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. XV. ASSIGNMENT AND SUCCESSORS Page 5 of 9 This Agreement and each and every portion thereof s all be binding upon the successors and the assigns of the parties hereto; provided, howev-r,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 ENG 1 EER shall remain liable to the CITY with respect to each and every item,condition and oth:r 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 mad:. 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 reate a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, s b-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, .hall be held to be void or otherwise unenforceable, all other portions of this Agreement s all remain in full force and effect. XIX.HEADINGS The headings of the several paragraphs of this Agree' ent are inserted only as a matter of convenience and for reference and in no way are the intended to define, limit or describe the scope of intent of any provision of this Agreemen , nor shall they be construed to affect in any manner the terms and provisions hereof or the nterpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the :ntire Agreement of the parties on the subject matter hereof and may not be changed,modi ed,discharged or extended except by written amendment duly executed by the parties. Ea.h party agrees that no representations or warranties shall be binding upon the other party u less expressed in writing herein or in a duly executed amendment hereof, or change order :s herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been ade in, and shall be construed in accordance with the laws of the State of Illinois. V:nue for the resolution of any disputes or the enforcement of any rights pursuant to this agr:ement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES Page 6 of 9 The ENGINEER may not issue any news release 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 cons ltants in the CITY'S employ or any work associated with the PROJECT. XXIV.INTERFERENCE WITH PUBLIC CONTRA I TING The ENGINEER certifies hereby that it is not barye. 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 s all have written sexual harassment policies that include, at a minimum,the following in •rmation: A. The illegality of sexual harassment; B. the definition of sexual harassment under stat: law; C. a description of sexual harassment, utilizing e, amples; D. the vendor's internal complaint process inclua ing penalties; E. the legal recourse, investigative and comp aint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department a d 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 Depa ment of Human Rights upon request per 775 ILCS 5/2-105. XXVI.WRITTEN COMMUNICATIONS All recommendations and other communicati•ns by the ENGINEER to the ADMINISTRATOR and to other participants which 1 ay affect cost or time of completion, shall be made or confirmed in writing. The ADM i ISTRATOR may also require other recommendations and communications by the EN INEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under t is Agreement shall be in writing and shall be mailed by First Class Mail, postage prepa d, 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 pro tram requirements in the Substance Abuse Prevention Public Works Project Act at 820 I CS 265/1 et seq. A copy of such policy shall be provided to the ADMINISTRATOR odor to the entry into and execution of this agreement. XXIX. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agre-ment it is expressly agreed and understood that in connection with the performance of his Agreement that the ENGINEER shall comply with all applicable Federal, State, Cil y and other requirements of law, including, but not limited to, any applicable requir:ments 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 residen s of the United States. ENGINEER shall also at its expense secure all permits and licens;s, pay all charges and fees and give all notices necessary and incident to the due and lawf 1 prosecution of the work,and/or the products and/or services to be provided for in this A•reement. 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 is section. In the event the CITY proceeds with such an audit the ENGINEER sha 1 make available to the CITY the ENGINEER'S relevant records at no cost to the CIT . ENGINEER shall pay any and all costs associated with any such audit. As to CITY: As to ENG EER Ronald L. Rudd,P.E. ReJena L on,P.E.,PLS City Engineer/Administrator President/I EO City of Elgin Hampton, I enzini & Renwick, Inc. 150 Dexter Court 380 Sheph.rd Drive Elgin, Illinois 60120-5527 Elgin, Illin.is 60123-7010 (847) 931-6081 (847) 697,1700 ruddr(aicityofelgin.org •1 on . hlr=n s.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 Byis& By Ki ewesi R ck K z o al City Clerk City Manager (SEAL) I/A--(2) V For the ENGINEER: ll I S ictnf C,c fz.y MC k V Dated this 4 day of Oc -off r , A.D., 2018. JJ ATTEST: By tut,t By 2c 6 ReJenan P.E. PLS Notary Pu i c Presi�dent/CEO (SEAL) JEAN CARLEY f: i 3"ANotainMy Commission Expires April 13,2020 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 Stormw.ter 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 limit:d to the following services: I. REVIEW,COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submi, .1, civil site plan submittal, civil subdivision submittal or structural submittal (i.e., lift sta ions, bridges, offsite improvements, force mains, water main extensions, etc.), ENGINEE' 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 applicant 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 de eloper's submittal, the ENGINEER shall submit to the ADMINISTRATOR a letter appro ing 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 fi e (5)working days. 4. The ENGINEER shall review, assist and advise the C TY 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, til: surveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, street construction, horizontal and vertical street control, water main, sanitary sewer and s lorm 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 (com•utations, 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 detaile• opinions on the compliance of these documents with the content requirements CITY'S Sto water Control Ordinances, City of Elgin Municipal Code and Engineering& Construction ►tandards and sound engineering and land surveying practices, to assist the City in their revie and PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydrau is studies to analyze and flood route storm water runoff through proposed subdivisions and and developments and to consult and render advice on the design of storm water conveyanc- and storage facilities, including the issuance of narrative reports and design guidelines to a sist 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.ls, 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 'he 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 t e means, methods or techniques of the project. II. CONSTRUCTION INSPECTION AND DOCUMENT TION 1. ENGINEER shall provide a project representative, assi .nts, 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 describes below: a. Make periodic visits to the site to observe as an a xperienced and qualified design professional the progress and quality of the exe uted 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 exhaustive or continuous on-site inspections to check the quality or quantity of wok; 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 sl op orders nor shall ENGINEER have responsibility charge of the construction si e or contractor operations. His efforts will be directed toward informing the CITY of compliance or non- compliance of the project with the approved pla documents, and he shall not be responsible for the failure of developers or their •ontractor(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-si - observations, he shall keep the CITY informed of the progress of the work, s all endeavor to guard the CITY against defects and deficiencies in the work of de elopers or their contractor(s) and may recommend that the CITY reject the wo k 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 confe ences, progress meetings, job conferences and other project related meetings, a d prepare and circulate copies of meeting minutes thereof. c. The ENGINEER shall serve as liaison between I ITY and developers in conveying information and project status reports and in obt.ining from developers additional details or information required to evaluate the pro sect. d. Within three (3) working days, report to d e CITY the discovery of an unsatisfactory, faulty or defective work which t e ENGINEER believes would not conform to the approved and permitted plans o work that has been damaged or does not meet the requirements of any inspecti o n, 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 fo 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 developer decisions as issued by the CITY. f. The ENGINEER shall furnish periodic reports o the progress of the work and of developers compliance with the approved an. permitted plans and progress schedules, consult with the CITY and advise whin major tests are scheduled, and assist the CITY in conducting final inspectio s 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, r: iew applications for partial and complete release of financial surety post.d by developers and make recommendations to the CITY. Such reco mendations will constitute a representation to the CITY, based on such obse ations 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 I e 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 •ualification for payment. The ENGINEER will not be deemed to have rep esented that he has made any examination to determine how or for what .urposes any developer or their contractor(s) or agents have utilized moneys pal. on account, or that title to any of the contractor(s) work, materials or equipment as passed to the CITY free and clear of any lien, claims, security interests or enc mbrances. h. In conducting periodic job site observations a d providing construction review services, the ENGINEER shall be bound by ce ain limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviation• from the approved and permitted plans or substitution of materials or equipmen i without the approval of the CITY following receipt and review of a properly •ocumented request by developer accompanied by a concurrence and/or a ended plan document from the developer's professional engineering consulta t. ii. ENGINEER shall not undertake any of the p sponsibilities of developer and/or developer's contractors or agents. iii.ENGINEER shall not advise on, issue direct ons relative to, or assume control over any aspect of the means, methods, tech iques, sequences or procedures of construction by contractors engaged by de eloper. ENGINEER shall instead notify the CITY, within three (3) working •ays, and relay instructions from CITY to developer. ENGINEER shall instea. notify the CITY, within three (3) working days, and relay instructions from CI I Y to developer. City of Elgin Engineering Agreement iv.ENGINEER shall not advise on, issue directio s regarding, or assume control over safety precautions, traffic controls or saf, y 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 o; 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 substanti.l 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 cl eck remedial measures undertaken by developer, and issue a final project status report .nd recommendation for release of financial surety. F:\Public_Works\Engineering\Consultant Agreements Last Drawer Up Front\2019 Engimering Agreements Expire 2023\Exhibit A- Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement Hampton, Lenzini and Renwick, Inc. Civil Engineers• Structural Engineers• L.:nd Surveyors • Environmental Specialists www.hlreng neering.com EXHIBIT B October 4, 2018 City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Annual Hourly Rate Update January 1, 20 8 through December 31, 2018 Dear Sir/Madam: We are submitting herewith our hourly rates, which will remain in elle,t through December 31, 2018. In the event our services are required after that date, we will submit revised rates to be utilized through December 31, 2019. '018 Employee Classification Ho rl Rate Principal $105.00 Engineer 6 58.00 Engineer 5 49.00 Engineer 4 33.00 Engineer 3 19.00 Engineer 2 05.00 Engineer 1 82.00 Structural 2 75.00 Structural 1 28.00 Technician 3 16.00 Technician 2 89.00 Technician 1 70.00 Intern/Temporary 53.00 Land Acquisition 17.00 Survey 2 118.00 Survey 1 91.00 Environmental 2 124.00 Environmental 1 66.00 Administration 2 117.00 Administration 1 60.00 If you have any questions on the above, please call our Elgin office. Very truly yours, HAMPTON, LENZI I AND RENWICK, INC. By: ce_LI\A„,_ 11' ReJena Lyon, PE, •LS President/CEO RHL:jc G:\Agreements\Municipal\Elgin\2018 Stormwater Engr Agmt\Exhibit B.docx 380 Shepard Drive 6825 Hobson Valley Drive.Suite 302 3085 Steven•.on Drive,Suite 201 323 W.Third Street.P.O.Box 160 Elgin. Illinois 60123-7010 Woodridge,Illinois 60517 Spi ingfreld,II Inas 62703 Mt. Cannel,Illinois 62863 Tel.847.697.6700 Tel.847.697.6700 Tel.217.546.C400 Tel.618.262.8651 Fax 847.697.6753 Fax 847.697.6753 Fax 217.546.8116 Fax 618.263.3327 Page 1 of 1 Aca® CERTIFICATE OF LIABILITY INSURANCE DAT M2irn OR 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 have ADDITIONAL INSURED provisions or 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: Willis of Illinois, Inc. FAX c/o 26 Century Blvd No.UR; 1-877-945-7378 l .No):1-877-945-7378 P.O. Bax 305191 • AD RESS : certificates@willis.cam Nashville, TN 372305191 USA INSURER(S)AFFORDINGCOVERAGE NAICS INSURERA: Continental Casualty Company 20443 INSURED INSURERB: Continental Insurance Company 35289 Hampton Lenaini S Renwick Inc. 380 Shepard Dr INSURERC: Transportation Insurance Company 20494 Hlgin, IL 60123 MSA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W4597466 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDONYYY) IMMIDD/YYYY) UNITS X COMMERCIAL GENERALLIABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED $ 1,000,000 PREMISES(Ea occurrence) A MED EXP(Any one person) $ 5,000 Y 6056712748 12/09/2017 12/09/20181,000,000 PERSONAL 8 ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL.AGGREGATE $ 2,000,000 POLICY X Ta LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILEUABIUTY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) E — HIRED — NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident $ B X UMBRELLAUAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MADE 6056712703 12/09/2017 12/09/2018 AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICERMIEMBEREXCLUDED? n NIA 6056712717 12/09/2017 12/09/2018 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 H yes,dewlbe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability AEH591882325 12/09/2017 12/09/2018 Per Claim $3,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured - General Liability is included as required by written contract. RE: Kane County Storm Water and City of Elgin Ordinance Compliance Reviews. Additional Insured- General Liability: City of Elgin. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Elgin AUTHORIZED REPRESENTATIVE 150 Dexter Court Elgin, IL 60120-5555 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 15390999 BATCH: 537141