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18-137
Resolution No. 18-137 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WI H TROTTER& ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/0R CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCT RAL SUBMITTALS BE IT RESOLVED BY THE CITY COUNCIL OF T1 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 I 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 on be alf of the City of Elgin with Trotter &Associates, Inc., for professional services in connection wit the review of Kane County Storm Water Applications and/or civil engineering site/subdivision .lans and/or structural submittals, a copy of which is attached hereto and made a part hereof by re lerence. 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 corporation (hereinafter referred to as "CITY") and Trotter & Associates, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINE R to furnish certain professional services in connection with the review of Kane County Sto Water Applications and/or civil engineering site/subdivision plans and/or structural submitt is (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER represents that he is in comp iance with Illinois Statutes relating to professional registration of individuals and has the necessa expertise and experience to furnish such services upon the terms and conditions set forth herein blow. NOW, THEREFORE, for and in consideration of the mu i al undertakings as set forth herein, and other good and valuable consideration, the receipt an. 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 engineerint matters involved in the PROJECT as set forth herein subject to the following terms conditions a d stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the d rection of the Administrator of the CITY, herein after referred to as the "ADMINISTRATOR". B. The ENGINEER shall provide all necessary servic s 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 2 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.sterlingcoditlers.convcodebook/index.php''book id=524) and the City of Elgin Engineering and Construction Standards and Specifications (available on line at hap:/ www.cityofelgin.org/documentview.asp'?DID=469), and as amended from time to time. D. A detailed Scope of Services attached hereto as "E hibit A". E. It is agreed and understood that the work to be per ormed by the ENGINEER shall be on an assignment basis as determined by the ADMINI TRATOR of the CITY. It is further agreed and understood that this Agreement is not eelusive and that the CITY will be making assignments for similar services to other engi eers. No work shall be performed Page I of 9 by the ENGINEER and no compensation shall be due to the ENGINEER unless the ENGINEER receives a written assignment for work from the ADMINISTRATOR of the CITY. H. PROGRESS REPORTS A. The ENGINEER shall provide written comments dr an approval letter within fifteen (15) working days of receiving a complete Kane Co my Stormwater Application or a complete civil engineering site/subdivision plans or ructural 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 EGINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed t the developers Schedule included in the submittal and as defined by the ordinances, stan ards and specifications referred to in Section I.C. hereof. III. WORK PRODUCTS All work product prepared by the ENGINEER pursuant h-reto including, but not limited to, reports, plans, designs, calculations, work drawings, dies, photographs, models and recommendations shall be the property of the CITY and s all be delivered to the CITY upon request of the ADMINISTRATOR;provided,however,tha 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 a 1 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 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 o 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 exeosure 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 sub onsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus ,Q % (Initial a "). C. The CITY shall make periodic payments to the ENINEER 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 unti the task is completed and accepted by the ADMINISTRATOR. Page 2 of 9 V. INVOICES A. The ENGINEER shall submit invoices in a format pproved by the CITY which shall include the project name, address, the City of Elgin St rmwater 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 acal 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 during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CITNI 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 s all 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 fdrth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date t e ENGINEER is given a notice to proceed and, unless terminated for cause or pursua t 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 provision of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for addition41 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 f r 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 b the CITY and the ENGINEER. Regardless of the decision of the ADMINISTRATOR elative to a claim submitted by the ENGINEER, all work required under this Ag�eement as determined by the ADMINISTRATOR shall proceed without interruptio . IX. BREACH OF CONTRACT If either party 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 vio ation 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 Page 3 of 9 Agreement. Notwithstanding the foregoing, or anything elsle to the contrary in this Agreement, with the sole exception of an action to recover the monies',the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shallIbe 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 o this Agreement, and waives any and all such rights to interest which it claims it may oth4rwise 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. I X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER ag I ees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, a nts,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' compens tion 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 emplyees or agents of the ENGINEER arising out of the performance of this Agreement. In he event of any action against the CITY, its officers, employees, agents, boards or comfissions, covered by the foregoing duty to indemnify,defend and hold harmless such actio shall be defended by legal counsel of the CITY's choosing. The provisions of this parag aph shall survive any completion, expiration and/or termination of this agreement. XL NO PERSONAL LIABILITY No official, director, officer, agent or employee of thCITY shall be charged personally or held contractually liable under any term or provisi n of this Agreement or because of their execution, approval or attempted execution of thi Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shale provide, pay for and maintain in effect, during the term of this Agreement, a policy f comprehensive general liability insurance written in occurrence form with limits of at 1 ast$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. I The ENGINEER shall deliver to the ADMINISTTOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL SURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the ADMINISTRATOR. The Certificate of Insurance which shall include Con ractual obligation assumed by the ENGINEER under Article X entitled "Indemnification' shall be provided. Page4of9 This insurance shall apply as primary insurance with re$pect to any other insurance or self- insurance programs afforded to the CITY. There shall he no endorsement or modification of this insurance to make it excess over other availa,le insurance, alternatively, if the insurance states that it is excess or prorate, it shall be ejndorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all oned, non-owned and hired motor vehicles with limits of not less than $500,000 per occu ence for damage to property. C. Combined Single Limit Policy. The requiremeI1ts 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 carr 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 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, sequencs 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 f r 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 f{i llowing: employment advertising, layoff or termination, rates of pay or other forms cif compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discriminat on 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 um age and retirement provisions, marital status or the presence of any sensory, mental o: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 Page5of9 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 t had done the work itself and no assignment, delegation or subcontract had been madel 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, s 'b-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 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 enire Agreement of the parties on the subject matter hereof and may not be changed, modifie ,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 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 made in, and shall be construed in accordance with the laws of the State of Illinois. Venire for the resolution of any disputes or the enforcement of any rights pursuant to this agreement 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 putlic 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 CONTRAC' ING The ENGINEER certifies hereby that it is not barred rom 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 1aw; C. a description of sexual harassment, utilizing exmples; 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 an4 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 communication 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. 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, to the addresses listed in Section XXIX. Page 7 of 9 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 IL,4CS 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 tl,iis 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 thi 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 Ronald L. Rudd, P.E. Robert Scott Trotter, P.E. City Engineer/Administrator President City of Elgin Trotter& Associates, Inc. 150 Dexter Court 40W201 Wasco Road, Suite D Elgin, Illinois 60120-5527 St. Charles, I'linois 60175-8535 (847) 931-6081 (630) 587-0410 rudd_rca cityofelgin.or i s.trottcra trotter-inc.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 B DIALBy l vivA,A 4. . Kim Dewis Rick Kozal City Clerk City Manager SiSried' J (SEAL) SIS f ei,ty °ler For the ENGINEER: Dated this (( Tk&day of Q _(p t-e_ll' , A.D., 2018. ATTEST: c1 By • I . By 5IN/la �I �►-rt Sco rotter, P.E. I No ary 'ublic President Official Seal Aryn M Mestling M``.��C'1;i ubllc State of Illinois �►��c�ri1 lon Expires 05/16/2020 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 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, COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submittal, civil site plan submittal, civil subdivision submittal or structural submittal (i.e., lift statijons, bridges, offsite improvements, force mains, water main extensions, etc.), 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 devepoper'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 latter 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 gedimentation control, storm water runoff, soil analysis, natural resources, tree surveys, tile purveys, 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 I'reliminary and Final Plans, Plats, Storm water Submittals and supporting documents (computations, design parameters, reports, opinion's of probable cost, etc.) hereinafter referred to ag 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 Stormwater 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 assigt the CITY in their review and plat approval process. City of Elgin Engineering Agreement 7. The ENGINEER shall represent the CITY relative toroperty conveyance, homeowners associations, conditions and restrictions, operation manu41s, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall insure all notifications as required 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 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 confere> ces, 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 three (3) 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 CTI"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 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 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, rev ew 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 th$ 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 puoses any developer or their contractor(s) or agents have utilized moneys paid o ii account, or that title to any of the contractor(s) work, materials or equipment ha passed to the CITY free and clear of any lien, claims, security interests or encu rances. 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 direction* 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 three (3) working days, 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 Engineering Agreement 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 lobserved 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:PublicWorks\Engmeering,Consultant Agreements Last Drawer lip Front2019 Engineering Agreements Expire 2023.Exhibit A- Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement Trotter and Associates, Inc. 2018 Schedule of Reimburseable Expenses- Exhibit B Item Unit Unit Price Engineering Copies 1- 249 Sq. Ft. Sq. Ft. $ 0.29 Engineering Copies 250-999 Sq. Ft. Sq. Ft. $ 0.27 Engineering Copies 1000-3999 Sq. Ft. Sq. Ft. $ 0.25 Engineering Copies 3999 Sq. Ft. & Up Sq. Ft. $ 0.23 Engineering Copies up to 24" by 36" Each $ 8.00 Presentation Grade Large Format Print Sq. Ft. $ 5.15 Comb Binding> 120 Sheets Each $ 4.75 Comb Binding< 120 Sheets Each $ 3.50 Binding Strips ( Engineering Plans) Each $ 1.00 5 Mil Laminating Each $ 1.25 Copy 11" x 17" -Color Each $ 0.50 Copy 11" x 17" - Black and White Each $ 0.25 Copy 8.5" x 11" - Color Each $ 0.25 Copy 8.5" x 11" -Black and White Each $ 0.12 Recorded Documents Each $ 25.00 Plat Research Time and Material Per Diem Each $ 30.00 Field/Survey Truck Each $ 45.00 Postage and Freight Cost Note: Prices may he periodically increased by an amount not to exceed increases incurred by TAI. H:\forms\admin\2018 Rates Trotter and Associates,Inc., Proposed 2018 Schedule of Hourly Rate-Exhibit B Classification 2018 Billing Rate Principal Engineer $ 115.00 Engineer VIII $ 219.00 Engineer VII $ 193 00 Engineer Level VI $ 183.00 Engineer Level V 5 158.00 Engineer Level IV $ 138.00 Engineer Level III $ 12_5.00 Engineer Level II $ 113 00 Engineer Level I 5 100.00 Engineering Intern $ 52 00 Senior Technician 5 155 00 Technician Level IV $ 138.00 Technician Level III $ 125.00 Technician Level II $ 109.00 Technician Level 1 5 98 00 GIS Specialist III $ 143.00 GIS Specialist IIS $ 109.00 GIS Specialist I $ 98 00 Clerical Level III $ 88.00 Clerical Level II '$ 76.00 Clerical Level I $ 64.00 Professional Land Surveyor 5 183.00 Survey Crew Chief 5 155.00 Survey Technician Level II $ 79 00 Survey Technician Level I '5 66.00 Department Director $ 183.00 Prevailing Rage Survey Foreman** '$ 185.00 Prevailing Wage Survey Worker** 'S 181 00 Sub Consultants Reimbursable Expenses See Exhibit A-I '«Rnrrr roll he e«c ulased 5,,U el vin,,W/1,,GJar It,, a,,nhu,r Ire Premium lam, here,/un the rut rent !lhm,n Ileparmmn,of I,,h,,,Rini, II forms admin 2018 Rates AC� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/19/2018 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 Wine Sergi Insurance PHONE FAX 1000 E. Warrenville Road tEvc No,Ext):630-513-6600 (A/C,Not:630-513-6399 - E-MAIL --- Suite 101 ADDRESS: christin Ct70 winesergi corn Naperville IL 60563 I SURER(S)AFFORDING COVERAGE NAIL# INSURERA:Crum 4 Forster Indemnity Company 3134.8__ _ INSURED TROAS01 INSURER B: Trotter and Associates, Inc. 40W201 Wasco Road, Suite D INSURER C: - St. Charles IL 60175 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:738005109 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 1{O 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 B"PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence: S MED EXP:Any one person: S PERSONAL&ADV INJURY 5 GENA AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATEPRO- S POLICY JECT LOC PRODUCTS-COMP/OP AGG S E„ OTHER 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident; ANY AUTO BODILY INJURY:Per person: S OWNED SCHEDULED BODILY INJURY(Per accident: S AUTOS ONLY _ AUTOS HIRED NON-O'ANED PROPERTY DAMAGE AUTOS ONLY - AUTOS ONLY Leer accident) 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYV/N - STATUTE - - ER ANYPROPRIETOR/PARTNERIEXECUTI VE OFFICER/MEMBER EXCLUDED' N/A E L EACH ACCIDENT S (Mandatory in NH) E L DISEASE-EA EMPLOYEE S If yes describe under - DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S A Environmental Liability PYC107388 4/7/2018 47/2019 General Aggregate 53 000 000 Pollution 53 000 000 Errors&Omissions 53 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mere space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE ITH THE POLICY PROVISIONS. City of Elgin 150 Dexter Court Elgin IL 60120-5555 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered mars of ACORD • 7 DATE(MM/DD/YYYY) - ACOROa CERTIFICATE OF LIABILITY INSURANCE 03/14/2018 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. ,JPORTANT: 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). CONT PRODUCER NAMEACT Jacqui Fenoglio Brad Trotter&Associates PHONE,Extl: 815 634 3700 FAX No). 815 634 3737 395 S. Broadway E-MAIL ADDRESS: btadtrotterassoc@comcast.net Coal City, IL 60416 {INSURER(S)AFFORDING COVERAGE NA IC# INSURERA: HARTFORD ACCIDENT AND INDEMNITY CON INSURED INSURER B. Trotter Associates In INSURER C: 40W201 Wasco Road, Suite D INSURER D INSURER E: St. Charles IL 60175 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY x x 83SBAFV7857 3/11/18 3/11/19 EACH OCCURRENCE $ 1000000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES tEa occurrence, $ 1000000 MED EXP/Any one person: $ 10000 I'I PERSONAL&ADV INJURY $ 1000000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG _$ 2000000 OTHER $ AUTOMOBILE LIABILITY x 83UECPF0515 3/11/18 3/11/19 COMBINED SINGLE LIMIT $ 1000000 (Ea accidents X ANY AUTO BODILY INJURY(Per person: S OWNED SCHEDULED X AUTOS ONLY x AUTOS BODILY INJURY(Per acadent $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per acadent) 5 Med Pay $ 5,000 A X UMBRELLA LIAB X OCCUR x 83SBAFV7857 3/11/18 3/11/19 EACH OCCURRENCE s 5000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5000000 DED X RETENTION$ 10000 $ A WORKERS AND EMPLOYOERS'CMPENSATILIABILOITY N Y/N x 83WECRX8614 3/11/18 3/11/19 If X STATUTE OTH ?NYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S 1000000 OFFICER/MEMBEREXCLUDED-r N N/A - - - (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1000000 If yes describe under - -- DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if ore space is required) City of Elgin is listed as an additional insured with regard to work performed by the insured. CERTIFICATE HOLDER CANCELLATION City of Elgin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 150 Dexter Ct THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Elgin, IL 60120 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD