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18-138
Resolution No. 18-138 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WFTH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION \VITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS ANDOR CIVIL ENGINEERING SITE/SUBDIVISION PLANS 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) he City Council hereby finds that an exception to the requirements of the procurement ordinance i necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COCIL OF THE CITY OF ELGIN, JN ILLINOIS, that Richard G. Kozal, City Manager, and Kimbe ly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on b half of the City of Elgin with WBK Engineering, LLC, for professional services in connection wi h the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals, a copy of which is attached hereto and made a part hereof by r ference. s/ David J. Kaptain 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 WBK Engineering LLC (hereinafter referred t as "ENGINEER"). I WHEREAS, the CITY desires to engage the ENGINER 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 submit als (hereinafter referred to as the "PROJECT"). AND WHEREAS,the ENGINEER represents that he is in comliance 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 blow. NOW, THEREFORE, for and in consideration of the mut al 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 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 therection of the Administrator of the CITY, herein after referred to as the "ADMINISTRA1OR". B. The ENGINEER shall provide all necessary servic s to ensure development plans are completed and implemented in accordance with theane 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.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 perormed 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 ex IT; and that the CITY will be making assignments for similar services to other engineers. No work shall be performed Page 1 of 9 by the ENGINEER and no compensation shall beue 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 t 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 pursuantereto including, but not limited to, reports, plans, designs, calculations, work drawings, tudies, 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,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 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 ex osure 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 attacied hereto as "Exhibit B". B. For outside services provided by other firms or subconsultants, the CIT I shall .. the ENGINEER the invoiced fee to the ENGINEER, plus {O % (Initial ,At r C. The CITY shall make periodic payments to the EN INEER based upon actua 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. Pagc2of9 V. INVOICES A. The ENGINEER shall submit invoices in a format 4pproved by the CITY which shall include the project name, address, the City of Elgin Stormwater Escrow Account Number or project number as directed. Progress reports(II.B.above),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing 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 durig the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurrd prior to termination, except that reimbursement shall not exceed the task amounts set f rth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEERS work under this agreement is completed but no later than December 31, 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 additional compensation as a result of action taken by the CITY, the ENGINEER shall give writtennotice 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 interruption. 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 tl.e right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen( 5) days after notice thereof by the other party to comply with the conditions of the Agreemen ,the other party may terminate this Page 3 of 9 Agreement. Notwithstanding the foregoing,or anything e*to the contraryin 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 shalbe commenced by the ENGINEER against the CITY for monetary damages. ENGINEER here y further waives any and all claims or rights to interest on money claimed to be due pursuant Ito 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 I205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER ag 1 ees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, a ents, 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 sole negligent actions or omis ions of ENGINEER in connection herewith, including negligence or omissions of emplees 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 com issions, 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 para raph shall survive any completion, expiration and/or termination of this agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of thel 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 thi,Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at lelst$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the ADMINISTOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL INURED. The policy shall not be modified or terminated without thirty (30) d4s 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 rpect 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 ndorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requireme is for insurance coverage for the general liability and auto exposures may be met with a ombined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall car y Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,0001 per occurrence. A Certificate of Insurance shall be submitted to the ADMINISTRATOR as evidence of insurance protection. The policy shall not be modified or terms ated without thirty (30) days prior written notice to the ADMINISTRATOR. XIII. CONSTRUCTION MEANS, METHODS, ITECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or chargof and shall not be responsible for construction means, methods, techniques, sequenc s 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 rom 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 o cupational qualification, and this requirement shall apply to, but not be limited to, the llowing: 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 discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color, creed,national origin, age except 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 m terial provision of this Agreement and shall be grounds for cancellation,termination or su pension, 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 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 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, su -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 en Lire 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 arty 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 as,herein provided. XXI. APPLICABLE LAW I 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 pblic proposals developed under this Agreement without prior written approval from the ADMINISTRATOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. The illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process includiig penalties; E. the legal recourse, investigative and complajint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request per 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communication by the ENGINEER to the ADMINISTRATOR and to other participants which m 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 ENG NEER 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 ILCS 265/1 et seq. A copy of such policy shall be provided to the ADMINISTRATOR prior to the entry into and execution of this agreement. XXIX. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of his Agreement that the ENGINEER shall comply with all applicable Federal, State, Ci y 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 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 Ag eement. The CITY shall have the right to audit any records in the possession or contr 1 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 I 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. Greg Chisnuark, P.E. City Engineer/Administrator Municipal Piactice Principal City of Elgin WBK Engineering LLC 150 Dexter Court 116 West Main Street, Suite 201 St. Elgin, Illinois 60120-5527 Charles, Illinois 60174-1854 (847) 931-6081 (630)443-7755 rudd rAcityofelgin.org gchismark(c4Tbkengineering.com Page8of9 IN WITNESS WHEREOF, the undersigned have plajced 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 writinl; in this statement. For the CITY: ATTEST: THE ICITY OF ELGIN ^, ww B By �'.yl(�f.4t Kim Dewis j Rick Kozal City Clerk 6I1Y1Pd bj City Manager V6L (SEAL) ethotower For the ENGINEER: Dated this G day of , A.D., 2018. ATTEST: By By G ;! Chismark, P.E. Lary Public Minicipal Practice Principal JOYIDERAN Official Seal Notary Public-State of Illinois My Commission Expires Aug 2,2020 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 tie direction of the City Engineer as defined by the City of Elgin Municipal Code. B. The work under this project may include but is not limited to the following services: I. REVIEW, COMMENT AND APPROVAL 1. Upon receipt from the City of a storm water submit4al, civil site plan submittal, civil subdivision submittal or structural submittal (i.e., lift stations, 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 developer's submittal, the ENGINEER shall submit to the ADMINISTRATOR a letter approviig the application or detailing the items that need to be addressed in order to obtain a letter of approval. A notice of an incomplete submittal shall be sent to the CITY within five'I(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 urveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, treet construction, horizontal and vertical street control, water main, sanitary sewer and sto$m sewer layout and design and all generally accepted engineering improvements. 5. The ENGINEER shall provide general review of the Preliminary and Final Plans, Plats, Storm water Submittals and supporting documents (computations, design parameters, reports, opinion's of probable cost, etc.) hereinafter referred to as PLAN, submitted by private land development entities and shall issue reports and detailed opinions on the compliance of these documents with the content requirements CITY'S Storm water Control Ordinances, City of Elgin Municipal Code and Engineering & Construction Standards and sound engineering and land surveying practices, to assist the City in their review Ind PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route storm water runoff through proposed subdivisions and land developments and to consult and render advice on the design of storm water conveyance and storage facilities, including the issuance of narrative reports and design guidelines to assist the CITY in their review and plat approval process. City of Elgin Engineering Agreement 7. The ENGINEER shall represent the CITY relative to property conveyance, homeowners associations, conditions and restrictions, operation manuals, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall assist with notification requiremelpts of the Kane County Stormwater Ordinance to ensure they are properly prepared, executed and mailed to the 9 appropriate parties. The ENGINEER shall not be responsible for omissions and errors of the applicant's engineer, nor shall the ENGINEER be responsible for tle means, methods or techniques of the project. II. CONSTRUCTION INSPECTION AND DOCUMENTATION 1. ENGINEER shall provide a project representative, assis .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 describem below: a. Make periodic visits to the site to observe as an + perienced 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 ;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 ocuments, and he shall not be responsible for the failure of developers or their c 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, sha I endeavor to guard the CITY against defects and deficiencies in the work of dev Topers 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 d velopers 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 obtai ing from developers additional details or information required to evaluate the proje t. 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 fob observation or requires special testing inspection or approval. e. The ENGINEER shall consider and assist the CIfTY in evaluating suggestions or requests made by developers and developers consultants for modifications in approved and permitted plans and transmit to developer decisions as issued by the CITY. f. The ENGINEER shall furnish periodic reports on the progress of the work and of developers compliance with the approved and permitted plans and progress schedules, consult with the CITY and advise whenmajor 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 Of 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 mendations will constitute a representation to the CITY, based on such obsery 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 n accordance with the approved and permitted plans (subject to an evaluation of t e 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 q alification for payment. The ENGINEER will not be deemed to have repr:sented that he has made any examination to determine how or for what p rposes 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 i brances. 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 from the approved and permitted plans or substitution of materials or equipment v'ithout 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 directio s relative to, or assume control over any aspect of the means, methods, techniq es, sequences or procedures of construction by contractors engaged by devel per. ENGINEER shall instead notify the CITY, within three (3) working da s, and relay instructions from CITY to developer. ENGINEER shall instead n tify the CITY, within three (3) working days, and relay instructions from CITY o developer. City of Elgin Engineering Agreement iv.ENGINEER shall not advise on, issue directi ns regarding, or assume control over safety precautions, traffic controls or sa ty 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 4:1)f developers, issue an opinion as to content and completeness, and evaluate the Record drwings to determine whether or not they demonstrate the project was constructed in substanti 1 accordance with the approved and permitted plans and design intent and/or prepare a list of observed or apparent deficiencies. On behalf of the CITY, relay such comments and lists f 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 9nd recommendation for release of financial surety. F:\Public_Works\Engineering\Consultant Agreements Last Drawer Up Front\2019 Engineering Agreements Expire 2023\Exhibit A- Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement WBK ENGINEERING, LL; 2018 Standard Charges for Professnal Services Classification Hourly Rate Principal $ 210 Engineer VI $ 189 Engineer V $ 169 Engineer IV $ 142 Engineer III $ 117 Engineer II $ 98 Engineer I $ 84 Engineering Technician IV $ 138 Engineering Technician III $ 116 Engineering Technician II $ 97 Engineering Technician I $ 81 Senior Scientist $ 178 Environmental Resource Specialist IV $ 123 Environmental Resource Specialist III $ 97 Environmental Resource Specialist II $ 88 Environmental Resource Specialist I $ 78 Urban Planner VI $ 185 Urban Planner V $ 152 Urban Planner IV $ 124 Urban Planner III $ 98 Urban Planner II $ 84 Professional Land Surveyor $ 133 Intern $ 45 Office Professional $ 62 Direct Costs: Copies& Prints, Messenger& Delivery Services, Mileage, etc. Cost+10% Charges include overhead and profit. WBK Engineering, LLC reserves the right to increase rates and costs by 5% annuall�. �� WBKENGI-02 MMARLEGA ACORO DATE(MM/DD/YYYY) 44.....------ CERTIFICATE OF LIABILITY I4SURANCE 11/08/2018 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,certa n 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 NAMEACT 'CONT_--- --- --- Corkill Insurance Agency,Inc. PHONE 25 Northwest Point BIVd.,Ste 625 (A/C No,Eat):(847)758'1000 FAX No):(847)758-1200 DE-MAIL certs@corkillinsurance.com Elk Grove Village,IL 60007 EAIL s: INSURERIS)AFFORDING COVERAGE NAIC q INSURER A:Valley Forge Insurance Compal 20508 INSURED ,I INSURER e_The Continental Insurance Company_ '35289 WBK Engineering,LLC INSURER c:Trumbull Insurance Company _ 27120 116 Main Street Suite 201 INSURER D:Continental Casualty Company 20443 Saint Charles,IL 60174 - INSURER E 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 rADDL SUBR POLICY EF° POLICY EXP - LTR TYPE OF INSURANCE 'INSD 1/1/VD POLICY NUMBER (MM/OD/YYWI (MM/OD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 — ' CLAIMS-MADE X OCCUR 602498879$ 10/15/2016 10/15/2019 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrences $ MED EXPiAny one person) $ 1 O'OOO ,PERSONAL&ADV INJURY $ I ___ ____1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE__ 5 _ _ 2,000,000 ' POLICY X PEO _ LOC 'PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident —_-- .$ - _ -- X ANY AUTO 6075560886 10/15/2018 10/15/2019 I BODILY INJURY(Per person)__$ I OWNED SCHEDULED AUTOS ONLY ' _,AUTOS I ' BODILY INJURY(Per accident $ X HIRED X NON-OWNED 1 PROPERTY DAMAGE __AUTOS ONLY .__ AUTOS ONLY (Per acudentl $ $ B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 II EXCESSLIAB_ _ CLAIMS-MADEi 6074584137 10/15/2018 10/15/2019 AGGREGATE __ $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE _' ER ANY PROPRIETOR/PARTNER/EXECUTIVE -- N/A 83WECIC2654 10I1512011� 10/15/2019 1,000,000 OFFICER/MEMBER EXCLUDED'? _E L EACH ACCIDENT S (Mandatory in NH) _E L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 ,DESCRIPTION OF OPERATIONS below 1 i E.L.DISEASE-POLICY LIMIT S D A/E Professnl E&O 591914061 10/15/201 ' 10/15/2019 Per Claim 2,000,000 D 591914061 10/15/201k 10/15/2019 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if nore space is required) City of Elgin is Additional Insured for General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 150 Dexter Court Elgin,IL 60120 AUTHORIZED REPRESENTATIVE A -?.(,,i4z..-- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD