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19-2
Resolution No. 19-2 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hey &Associates, Inc., for professional services in connection with 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 reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 9th day of January , 2019 by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Hey& Associates,Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural submittals (hereinafter referred to as the "PROJECT"). AND WHEREAS,the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the CITY in the engineering matters involved in the PROJECT as set forth herein subject to the following terms conditions and stipulations,to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Administrator of the CITY,herein after referred to as the"ADMINISTRATOR". B. The ENGINEER shall provide all necessary services to ensure development plans are completed and implemented in accordance with the Kane County Stormwater Ordinance as adopted by the City of Elgin pursuant to Title 21 of the Elgin Municipal Code, as amended from time to time. C. The ENGINEER shall provide all necessary services to ensure development plans are completed and implemented in accordance with 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 performed by the ENGINEER shall be on an assignment basis as determined by the ADMINISTRATOR of the CITY. It is further agreed and understood that this Agreement is not exclusive and that the CITY will be making assignments for similar services to other engineers. No work shall be performed Page 1 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. II.PROGRESS REPORTS A. The ENGINEER shall provide written comments or an approval letter within fifteen (15) working days of receiving a complete Kane County Stormwater Application or a complete civil engineering site/subdivision plans or structural submittals as defined by Title 21 of the Elgin Municipal Code, as amended. A notice of an incomplete submittal shall be sent to the CITY within five(5)working days. B. For CONSTRUCTION INSPECTION, The ENGINEER shall submit to the ADMINISTRATOR monthly a Status Reports keyed to the developers Schedule included in the submittal and as defined by the ordinances, standards and specifications referred to in Section I.C. hereof. III.WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the ADMINISTRATOR;provided,however,that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV.PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed based on the actual units of work provided and the attached Schedule of Fees attached hereto as "Exhibit B". B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0 % (Initial 1' ). C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of submitted invoices. Said periodic payments to the ENGINEER for each task shall not be made until the task is completed and accepted by the ADMINISTRATOR. 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 Stormwater Escrow Account Number or project number as directed. Progress reports(II.B.above),if applicable,will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATOR to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI.TERMINATION OF AGREEMENT Notwithstanding any other provision hereof the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEERS work under this agreement is completed but no later than December 31, 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 written notice of their claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEERS fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the ADMINISTRATOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the ADMINISTRATOR shall proceed without interruption. IX.BREACH OF CONTRACT If either 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 violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Page 3 of 9 Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. X.INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any completion, expiration and/or termination of this agreement. XI.NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII.INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the ADMINISTRATOR a Certification of Insurance naming the CITY OF ELGIN AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the ADMINISTRATOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled"Indemnification"shall be provided. Page 4 of 9 This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the ADMINISTRATOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the ADMINISTRATOR. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV.NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color,creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension,in whole or in part,of the Agreement by the CITY. XV.ASSIGNMENT AND SUCCESSORS Page 5 of 9 This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. XVI.DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. XVII.NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph,sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX.HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX.MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI.APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes 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 public proposals developed under this Agreement without prior written approval from the ADMINISTRATOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV.INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. The illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request per 775 ILCS 5/2-105. XXVI.WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the ADMINISTRATOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The ADMINISTRATOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 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 this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. As to CITY: As to ENGINEER Ronald L. Rudd,P.E. Thomas L. Polzin, P.E., CFM City Engineer/Administrator President City of Elgin Hey&Associates, Inc. 150 Dexter Court 26575 W. Commerce Drive, Suite 601 Elgin, Illinois 60120-5527 Volo, Illinois 60073-9662 (847)931-6081 (847) 740-0888 rudd r@cityofelgin.org tpolzin@heyassoc.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 By By...--. 1•74,17,1"44" Kim Dewis Rick Kozal City Clerk City Manager (SEAL) For the ENGINEER: Dated this I day of , A.D., 2018. ATTEST: Bylb I_ By Thomas . •olzin, P. , CFM Notary Public President (SEAL) "OFFICIAL SEAL" TRACY ASHLEY NOTARY PUBLIC,STATE OF ILLINOIS Commission Expires 11/09/2021 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 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 approving the application or detailing the items that need to be addressed in order to obtain a letter of approval. A notice of an incomplete submittal shall be sent to the CITY within five (5)working days. 4. The ENGINEER shall review, assist and advise the CITY in storm water and engineering matters including, but not limited to, soil erosion and sedimentation control, storm water runoff, soil analysis, natural resources, tree surveys, tile surveys, water quality, flood plain, wetlands, storm sewers, open channels, street layout, street construction, horizontal and vertical street control, water main, sanitary sewer and storm sewer layout and design and all generally accepted engineering improvements. 5. The ENGINEER shall provide general review of the Preliminary and Final Plans, Plats, Storm water Submittals and supporting documents (computations, design parameters,reports, opinion's of probable cost, etc.) hereinafter referred to as PLAN, submitted by private land development entities and shall issue reports and detailed opinions on the compliance of these documents with the content requirements CITY'S Storm water Control Ordinances, City of Elgin Municipal Code and Engineering & Construction Standards and sound engineering and land surveying practices, to assist the City in their review and PLAN approval process. 6. The ENGINEER shall conduct hydrologic and hydraulic studies to analyze and flood route storm water runoff through proposed subdivisions and land developments and to consult and render advice on the design of storm water conveyance and storage facilities, including the issuance of narrative reports and design guidelines to assist the CITY in their review and plat approval process. City of Elgin Engineering Agreement 7. The ENGINEER shall represent the CITY relative to property conveyance, homeowners associations, conditions and restrictions, operation manuals, maintenance responsibilities for the public or quasi-public infrastructure improvement. 8. The ENGINEER shall insure all notifications as required by the Kane County Stormwater Ordinance are properly prepared, executed and mailed to the appropriate parties. 9. The ENGINEER shall not be responsible for omissions and errors of the applicant's engineer, nor shall the ENGINEER be responsible for the means, methods or techniques of the project. H.CONSTRUCTION INSPECTION AND DOCUMENTATION 1. ENGINEER shall provide a project representative, assistants, and other field staff to assist the CITY in observing the progress of and performance by developers and their contractors, agents, etc. at specific project sites as more fully described below: a. Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the approved and permitted plans. ENGINEER shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of work; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by developers or their contractor(s) or agents or the safety precautions and programs incident to their work. ENGINEER shall specifically not have the authority or responsibility to issue construction stop orders nor shall ENGINEER have responsibility charge of the construction site or contractor operations. His efforts will be directed toward informing the CITY of compliance or non- compliance of the project with the approved plat documents, and he shall not be responsible for the failure of developers or their contractor(s) or agents to perform the construction work in accordance with the approved and permitted plans. During such visits and on the basis of his on-site observations, he shall keep the CITY informed of the progress of the work, shall endeavor to guard the CITY against defects and deficiencies in the work of developers or their contractor(s) and may recommend that the CITY reject the work as failing to conform to the approved and permitted plans. b. The ENGINEER shall attend meetings with developers and their respective contractor(s) such as preconstruction conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate copies of meeting minutes thereof. c. The ENGINEER shall serve as liaison between CITY and developers in conveying information and project status reports and in obtaining from developers additional details or information required to evaluate the project. d. Within 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 CITY in evaluating suggestions or requests made by developers and developers consultants for modifications in approved and permitted plans and transmit to developer decisions as issued by the CITY. f. The ENGINEER shall furnish periodic reports on the progress of the work and of developers compliance with the approved and permitted plans and progress schedules, consult with the CITY and advise when major tests are scheduled, and assist the CITY in conducting final inspections at completion of the project improvements. g. Based on the on-site observations and evaluation of the progress of the work as an experienced and qualified design professional, review applications for partial and complete release of financial surety posted by developers and make recommendations to the CITY. Such recommendations will constitute a representation to the CITY, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the approved and permitted plans (subject to an evaluation of the work as a functioning project) upon substantial completion, to the results of any subsequent tests called for in the approved and permitted plans, and to any qualification for payment. The ENGINEER will not be deemed to have represented that he has made any examination to determine how or for what purposes any developer or their contractor(s) or agents have utilized moneys paid on account, or that title to any of the contractor(s) work, materials or equipment has passed to the CITY free and clear of any lien, claims, security interests or encumbrances. h. In conducting periodic job site observations and providing construction review services, the ENGINEER shall be bound by certain limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviations from the approved and permitted plans or substitution of materials or equipment without the approval of the CITY following receipt and review of a properly documented request by developer accompanied by a concurrence and/or amended plan document from the developer's professional engineering consultant. ii. ENGINEER shall not undertake any of the responsibilities of developer and/or developer's contractors or agents. iii.ENGINEER shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction by contractors engaged by developer. ENGINEER shall instead notify the CITY, within 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 observed or apparent deficiencies. On behalf of the CITY, relay such comments and lists of deficiencies to developer, conduct follow-up inspections with the CITY representatives to check remedial measures undertaken by developer, and issue a final project status report and recommendation for release of financial surety. F:\Public_Works\Engineering\Consultant Agreements Last Drawer Up Front\2019 Engineering Agreements Expire 2023\Exhibit A-Scope of Services V3 2018-10-02.docx City of Elgin Engineering Agreement Hey and Associates, Inc. Exhibit B Standard Terms and Conditions Compensation Reimbursable Expense Profession Hourly Bill Rote Reimbursable expenses shall be reimbursed at cost plus an 8% administrative Prindpal $195 service charge. Such expenses shall include, but are not necessarily limited to travel, reproduction, shipping/delivery, aerial photographs, phone and other Engineering communication charges, consultants and subcontractor fees, equipment and Senior Civil Engineer $165 supply costs related to the execution of the project. Fixed reimbursable expense costs are as follows: Civil Engineer I to V $100-140 Engineering Designer $150 Travel $ .65/mile Water Resources Specialist Ito IV $90-120 Copies $ .20/page Engineering Technician Ito II $90-105 Software/Digital Resource Charge $100.00/project Wetlands and Ecology AN Usage $40.00/hour Senior Project Scientist $155 AN Discing,Herbicide,Spraying,Mowing $45.00/hour Environmental Services Manager $135 Boat Usage $75.00/hour Senior Water Resources Planner $100 Chain Saw Usage $20.00/hour Environmental Scientist Ito III $85-105 Additional Plotting,B&W $ .90/sq.ft. Native Landscape Restoration Additional Plotting,Color $ 2.75/sq.ft. Ecological Restoration Manager $120 Additional Plotting,Mylar $ 4.50/sq.ft. Environmental Scientist Ito III $85-105 Flow Meter $50.00/day Environmental Intern $45 GPS Rover $350.00/day Landscape Architecture Total Station $100.00/day Senior Landscape Architect $160 Landscape Architect Ito II $105-130 Insurance Landscape Designer $85 Throughout the duration of the project, Hey will procure and maintain the following insurance: Erosion Control Senior Erosion and Sediment Control Specialist $150 Liability Limits of Liability Erosion and Sediment Control Specialist $90 Workers'Compensation and Subsurface Drainage Services Employer's Liability $500,000 each incident Subsurface Drainage Services Manager $150 Commercial General Liability $2,000,000 Engineering Technician Ito II $90-105 Professional Liability $2,000,000 Design Support Automobile Liability $1,000,000 CAD Manager $100 CAD Technician $95 Within the limits of this insurance,Hey agrees to hold the Client harmless from and against loss,damage,injury or liability arising directly from the negligent acts or GIS Specialist $85 omissions of employees,agents,or subcontractors of Hey. Administration Client will limit any and all liability,claim for damages,losses,cost of defense,or Senior Administrator $110 expenses to be levied against Hey on account of any design defect, error, Accounting/Marketing Administrator $70 omission,or professional negligence to a sum not to exceed the amount of Hey's Administrative Assistant $65 fee under this agreement. Should the Client require other types of insurance coverage, limits in excess of the above limits, and/or certificates naming any Expert Testimony other(s) than the Client as additional insured parties, Hey's cost of obtaining Rates to be determined on per-project basis such coverage,limits,or certificates shall be reimbursable by the Client. Volo I Chicago Milwaukec Page 1 hcyassoc.corn Hey and Associates, Inc. Exhibit B Standard Terms and Conditions Billing Billings shall be on a monthly basis and are payable upon receipt.An additional charge of 1%:percent per month(18%per annum)shall be applied to any balance unpaid more than 30 days beyond date of invoice. Client shall pay any attorney's fees, court costs or other expenses incurred collecting delinquent accounts. Hey and Associates Inc.(Hey),with seven days written notice,reserves the right to suspend or terminate work under this agreement on any account that is past due.The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain financing,zoning, permit approval by governmental or regulatory agencies,or upon the Client's successful completion of the project.The rates presented herein are effective for the period January 1,2018 through January 31,2019 and shall be subject to modification on February 1,2019. Limitation of Costs Hey will not be obligated to continue performance or incur costs beyond the estimated costs unless the Client agrees in writing to a revised cost estimate. Client's Responsibilities Client shall arrange for access to and make all provisions for Hey to enter upon private and public property as required for Hey to perform services under this Agreement. Client shall provide Hey with all existing available information regarding this project as required. Hey shall be entitled to rely upon information and documentation provided by the Client or consultants retained by the Client in relation to this project, however Hey assumes no responsibility or liability for their completeness or accuracy. Cost Opinions Any cost opinions or project economic evaluations provided by Hey will be on the basis of experience and judgment,but,because Hey has no control over market conditions or bidding procedures,we cannot warrant that bids,construction cost,or project economics will not vary from these opinions. Standard of Care The standard of care for all services performed by Hey under the agreement will be the care and skill ordinarily used by members of the Hey's profession practicing under similar circumstances at the same time and in the same locality. Hey makes no warranties,express or implied,under this Agreement or otherwise,in connection with Hey's services. Means&Methods Hey will neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the construction of the subject project(s). Mutual Indemnification Subject to the foregoing provisions,the Consultant agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client,its officers, directors,employees and agents from and against any liabilities,damages and costs(including reasonable attorneys'fees and costs of defense)arising out of the death or bodily injury to any person or the destruction or damage to any property,to the extent caused,during the performance of Services under this Agreement,by the negligent acts,errors or omissions of the Consultant or anyone for whom the Consultant is legally responsible,subject to any limitations of liability contained in this Agreement.The Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Consultant,its officers, directors,employees and agents from any liabilities,damages and costs(including reasonable attorney's fees and costs of defense)to the extent caused by the negligent acts,errors or omissions of the Client,the Client's contractors,consultants or anyone for whom Client is legally liable. Copyright Indemnification To the fullest extent permitted by law,OWNER shall indemnify and hold harmless HEY from and against any and all costs,losses and damages(including but not limited to all attorney fees and charges,all court or arbitration or other dispute resolution costs,and any time spent by HEY in defense of any such claims) resulting from any claims brought against HEY alleging copyright,trademark,or patent infringement or any other cause of action or regulatory decision resulting from the HEY's use of,or reliance on,the design, plans and specifications provided by the Owner for the Project.This provision shall survive the completion of the services provided under this Agreement. Consequential Damages To the fullest extent permitted by law,Owner and Hey waive against each other,and the other's employees,officers,directors,agents,insurers,partners, and consultants,any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project. Dispute Resolution Owner and Hey agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof("Disputes")to mediation. If such mediation is unsuccessful in resolving a Dispute,then such Dispute shall be resolved by a court of competent jurisdiction. Volo I Chicago MIlwaukcc Page 2 hcyassoc.c.orn A`cRoe CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO(YYYY) 10/3/2018 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 POUCIES 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company PHONE No.Ext): FAX .No): 650 Dundee Road ' ADDRESS: Suite 170 INSURER(S)AFFORDING COVERAGE NAIL s Northbrook IL 60062 Items A:Continental Casualty Company INSURED INSURER B:Hey And Associates, inc. INSURER C: 26575 W. Commerce Dr., #601 INSURER D: INSURER E: Volo IL 60073INSURER F: COVERAGES CERTIFICATE NUMBER:CL1813054553 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 SIeR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MMIDD/YYYY1 (MMIDDIYYYY) UNITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED J CLAIMS-MADE OCCUR � PREMISES occurrence) $ MED EXP(My one person) $ PERSONAL&ADV INJURY $ -- GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY j PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ OTHER: �� t AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT = (Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS _AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS j AUTOS Per accident) UMBRELLA WAB OCCUR EACH OCCURRENCE EXCESS!JAB CLAIMS-MADE AGGREGATE $ DED RETENTION; $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ER I -_ ANY PROPRIETOR/PARTNER/E.XECUTIVE - N/A I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea,describe under OPERATIONS —- - - DESCRIPTION below E.L.DISEASE-POLICY LIMIT $ A Professional Liability 5C0113990820 1/31/2010 1/31/2019 Per Claim 4,000,000 Aggregate 4,000,000 1 i l DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: Kane County Storm Water Applications CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE City of Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Ronald L. Rudd, P.E. ACCORDANCE WITH THE POLICY PROVISIONS. City Engineer/Administrator 150 Dexter Court AUTHORIZED REPRESENTATIVE Elgin, IL 60120-5527 Michael Christian/CID ��--_ — - ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) �..moN HEY&ASS-01 GBANDA ACORO DATE(MM/DD/YYYY) 41.....---- CERTIFICATE OF LIABILITY INSURANCE 10/03/2018 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 POUCIES 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(les)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 CPAMONTACT McLallen Enterprises,Inc. 2170 Point Boulevard Suite#600 (NE.MCCA,,�N{,o,Ext): I FAX No):(847)259-4487 Elgin,IL 60123 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Secu ra 22543 INSURED INSURER B: Hey&Associates,Inc. INSURER C: 26575 W.Commerce Dr#601 INSURER D: Volo,IL 60073 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100318 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR INSD MND IMMIDD/YYYYI /MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR BP3264374 03/07/2018 03/07/2019 DAMAGE TO RENTED 500,000 PREMISES lEa occurrence,) S MED EXP(Any one person) $ 5,000 PERSONAL es MW INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Emp Ben. $ 1,000,000 A AUTOMOBILE UABIUTY COMBINED accident) LIMIT $ 1,000,000 X ANY AUTO A3264375 03/07/2018 03/07/2019 BODILY INJURY(Per person) $ OWNED ^ SCHEDULED AUTOSR�EEppONLY AUTOSBODILYRINJURY(Per accident) $ X A TOS ONLY X AUTO ONLY (P Oa dent)AMAGE $ A X UMBRELLA UPS X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CU3264376 03/07/2018 03/07/2019 AGGREGATE 5,000,000 DED _RETENTIONS $ A WORKERS COMPENSATION '( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC3281572 03/07/2018 03/07/2019 E.L.EACH ACCIDENT $gri1,000,000 FICtRIMEMBE4 EXCLUDED? N N/A andatoryIn NN) E.L.DISEASE-EA EMPLOYEE,S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contents BP3264374 03/07/2018 03/07/2019 $500/ded 231,600 A Valuable Papers BP3264374 03/07/2018 03/07/2019 400,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) City of Elgin Is additional Insured. This policy shall not be modified or terminated without thirty(30)days prior written notice to the administrator. 10 days advance written notice given for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Cityof Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. 150 Dexter Ct. Elgin,IL 60120 , AUTHORIZED REPRESENTATIVE I Alf M Cie* ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD