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HomeMy WebLinkAbout09-70 Resolution No. 09-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER AND WOODMAN CONSULTING ENGINEERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Baxter and Woodman Consulting Engineers for engineering services relative to the review of civil site and subdivision plans for conformance with the City of Elgin Municipal Code,City of Elgin Engineering Standards and the Kane County Storm Water ordinance, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 18, 2009 Adopted: March 18, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this l�day of , 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation (heAihafter referred to as "CITY") and Baxter & Woodman Consulting Engineers, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the review of Kane County Storm Water Applications and/or civil engineering site/subdivision plan 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 effective January 1, 2002, as adopted by the City of Elgin on December 19, 2001 and as amended from time to time attached hereto as"Exhibit A". 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 /hvww citvofelgin or,g/docunientview.asp?DID=469, and as amended from time to time. D. A detailed Scope of Services attached hereto as "Exhibit B". II. PROGRESS REPORTS A. The ENGINEER shall provided written comments or an approval letter within fifteen (15) working days of receiving a complete Kane County Stormwater Application or a Ver.3 Page 1 of Revisedl/9/09 complete civil engineering site/subdivision submittal as defined by the attached ordinances as Exhibit A. 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 attached as Exhibit A. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, 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 products for its records. Such work products are 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 C". B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 5 %(Initial ). 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 shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the ADMINISTRATOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY which shall include the project name, address and the City of Elgin Stormwater Escrow Account Number. Progress reports (11. 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. Page 2 of 8 Ver.3 Revised 1/9/09 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, 2013. 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 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 Page 3 of 8 ver.3 Revisedl/9/09 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. 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. Page 4 of 8 Ver.3 Revised]/9/09 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 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. Page 5 of 8 Ver.3 Revised]/9/09 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 constl uction 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 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. Page 6 of 8 Ver.3 Revised l/9/09 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, addressed as follows: As to CITY: As to ENGINEER Joseph Evers,P.E. Darrel Gavle,P.E. City Engineer/Administrator 8678 Ridgefield Road City of Elgin Baxter& Woodman Consulting Engineers, Inc. 150 Dexter Court Crystal Lake, IL 60012-2714 Elgin, Illinois 60120-5527 (815) 459-1260 Phone (847) 931-5958 Phone (815) 455-0450 Fax (847) 931-5965 Fax Page 7 of 8 Ver.3 Revised]/9/09 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 �. City Cler Cfty Man er � I gF�es^F'l M,JIMS i i For the ENGINEER: Dated this f2 day of ,A.D., 2009. ATTEST: BY u. B � y Secretary Darrel Gavle President/CEO (SEAL) Page 8 of 8 Ver.3 Revised 1/9/09 Exhibit "A" Ordinance No. GBO-OZ AN ORDINANCE AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STORMWATER MANAGEMENT" WHEREAS, stormwater issues are generally regional in nature and extend beyond municipal boundaries; and WHEREAS, the Kane County Stormwater Ordinance governs flood plain; soil erosion and storm water control for all development within Kane County, including development within home rule municipal it ies,� requiring its provisions to be consistently applied across a watershed to the benefit of all communities located within the watershed; and WHEREAS, upon the Kane County Stormwater Ordinance becoming effe.ctive on January 1, 2002 , Kane County will issue all stormwater permits for development within a municipality unless that municipality becomes a "Certified Community; " and WHEREAS, the City has filed an application' with the Kane County Stormwater Management Committee to become a "Certified Community" so that it can continue to issue all stormwater permits for development within the City; and WHEREAS, the "Certified Community" application process requires the City to adopt by reference the Kane County Stormwater Ordinance; and WHEREAS, although the City' s current Stormwater Management Ordinance effectively manages and mitigates the effects of urbanization on stormwater drainage, the City will derive greater benefits from the regionally applicable provisions of the Kane County Stormwater Ordinance; and WHEREAS, the standards and regulations set forth in the Kane County Stormwater ordinance are as stringent as the City's current stormwater management regulations; and WHEREAS, the City Council of the City of *Elgin has determined it is necessary and desirable to adopt the Kane County Stormwater Ordinance, as amended, with the additions, insertions, deletions and changes prescribed in this ordinance . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : t 1 Section 1 . That Title 21, of the Elgin Municipal Code, 1976, —j as amended, entitled "Storm Water Management" , be and is hereby further amended in its entirety to read as follows : Chapter 21 . 01 STORMWATER MANAGEMENT 21. 01 . 010 ADOPTED; EXCEPTIONS : That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Elgin, being marked and designated as the Kane County Stormwater Management Ordinance, as amended, be and is hereby adopted as and shall be known as the "Stormwater Management Ordinance of the City of Elgin" for managing and mitigating the effects of urbanization on stormwater drainage in the City through planning, appropriate engineering , practices and proper maintenance, and each and all of the regulations, provisions, conditions and terms of said Kane County Stormwater Management Ordinance, as amended, are hereby referred to, adopted, and made a part hereof, as if fully set out in this. ordinance, with the additions, insertions, deletions and other changes prescribed in this chapter. 21 . 01 . 020 ADDITIONS, INSERTIONS AND CHANGES: "> The Kane County Stormwater Management Ordinance, as amended, is amended and revised in the following respects : Section 104 (2) , entitled "Definitions, shall be amended to read as follows : Administrator means the City Engineer of the City of Elgin . Section 104, entitled "Definitions, " shall be amended to add the following definition of the term "Oversight Committee" as subparagraph (138) : Oversight Committee means the City of Elgin Planning and Development Commission. Section 202 (b) , entitled "Site runoff requirements, " shall be amended to read as follows : Minor stormwater systems shall be sized to convey runoff from the tributary watershed under fully developed conditions consistent with the design requirements as follows : (1) Storm Sewers : Storm sewers shall be designed to flow just full for the 10-year intensity-duration-frequency curve . The maximum allowable width of the street gutter 2 flow from the face of the curb shall be limited to eight f feet (8 ' ) . (2) Drainage Plan: An overall drainage area layout plan showing the .limits of the contributing runoff broken down. into areas contributing to each drainage pick-up point , shall be submitted with the paving and drainage plans . Drainage design with the development shall be adequate to. handle the entire contributing watershed area and its existing, proposed and probable future development, and not the area under submission only. (3) Open Channels : Open channels used as part of a major drainage system shall be designed with a minimum freeboard of two feet (21 ) and a product of maximum velocity in feet per second and depth in feet of four (4) or less for the base flood. (4) Minor Drainage Construction Standards : The minimum pipe size for culverts and storm sewers as part of the minor drainage system shall be twelve inches (1211) inside diameter, except the minimum pipe size connecting one catch basin with another catch basin or manhole may be ten inches (10") inside diameter. The minimum clean-out velocity for all pipes shall be two feet (2 ' ) per second. Sewer design shall consider the need for grates to prevent ingress but not egress from sewers greater than ten inches (10 1 ) diameter. Storm sewer pipe' materials shall meet State standards and shall be watertight. (5) Manholes And Catch Basins; Spacing And Standards : Manhole and/or catch basin spacing between straight runs of pipe shall. be limited to a maximum spacing of three hundred feet (300 ' ) for sewers thirty six inches (36" ) or less in diameter, a maximum of five hundred feet (5001 ) for sewers over, thirty six inches (3611) in diameter. Manhole and catch basin shall meet State standards , shall be precast concrete and shall be watertight unless otherwise approved by the Director_ (6) Size Of Minor Drainage Systems : Minor drainage systems shall be sized to convey runoff from the tributary watershed under fully developed conditions for the 10-year event of critical duration. (7) Maintenance Access : Major and minor storm water systems shall be located within easements or rights of way at least ten feet (10 ' ) wide explicitly providing for public access for their maintenance. (8) Buildable Lots : No buildable lots shall contain flood plain, wetlands or waters of the United States . _1 3 Section 203 (b) , entitled "Site runoff storage requirements (detention) , " shall be amended to read as follows : Absent any applicable watershed plan or interim watershed plan, sufficient storage shall be provided such that the probability of the post development release rate exceeding 0 .1 cfs/acre of development shall be less than one percent (1%) per year and the probability of the post-development release rate exceeding 0 . 04 cfs/acre of development shall be less than fifty percent (50%) per year. Design runoff volumes shall be calculated using event .hydrograph methods . The Administrator may specify more restrictive release rates when downstream conditions warrant . Section 203 (h) (1) , entitled "Site runoff storage requirements (detention) , " shall be amended to read as follows : A minimum of two feet (2 ' ) of freeboard above the base flood elevation shall be provided around the perimeter of the detention facility with the exception of the overflow structure. Water surface elevations two feet (21 ) above the base flood elevation shall not damage the detention facility. Section 203 (h) (10) , entitled "Site runoff storage requirements (detention) " ' shall be created to read as follows : All outlet works shall function without human intervention or outside power and shall operate with minimum maintenance. Section 203 (h) (11) , entitled "Site runoff storage requirements (detention) , " shall be created to read as follows: Detention facilities shall provide an overflow structure and overflow path that can safely pass excess flows through the development site. The minimum design rate shall be 1 . 0 cfs/acre of area tributary to the storage facility. Section 203 (h) (12) , entitled "Site runoff storage requirements (detention) , shall be created to read as follows : The maximum allowable water level fluctuation shall be five (5) feet . Section 500 (c) , entitled "General requirements, " shall be amended to read as follows : All permit fees shall be paid at the time of the I application in accordance with the fee schedule established by this Chapter. Fees may be established by 4 based upon all costs incurred by the permitting authority in the administration of the permit, including, without limitation, the costs of review and inspections both during and after construction within the period for the establishment of permanent cover. Section 600, entitled "Long-term maintenance, " shall be amended to read as follows : Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of a stormwater drainage system, including any special management areas, located upon his land. With the approval of the Administrator, the stormwater drainage system and special management areas, or specified portions thereof , may be— (a) dedicated or otherwise transferred to and accepted by the permitting authority or other public entity; or (b) conveyed or otherwise transferred to and accepted by a homeowner' s association, or similar entity, the members of which are to be the owners of all of the lots or parcels comprising the development; or (c) conveyed to one or more persons or in one or more undivided interests to one or more persons. Except for . those portions of the stormwater drainage system and special management areas to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a stormwater permit shall be a plan for the long term management, operation and maintenance of the stormwater drainage system and special management areas and a description of the funding sources therefore. The person or entity that will remain responsible for the maintenance of all detention facilities shall be designated on the final plat of subdivision or other applicable recorded documents and final plans. Amendments to the plan must be approved by the Administrator. Section 700 , entitled "Inspection and maintenance authhority, " shall be amended to read as follows : Pursuant to the authority granted.by 55 ILLS 5/51104 and 5-1062 , the County may, upon 30 days' notice to the owner or -occupant , enter upon any lands or waters within the County for the purpose of inspecting, maintaining or inspecting and maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse . The permitting authority may enter upon any lands or waters within the City in accordance with Chapter 1 . 16 of the Code for the purpose of inspecting, 5 maintaining or inspecting and maintaining any stormwater -- facilities or causing the removal of any obstruction to an affected watercourse. Section 703, entitled "Offenses—penalties; remedies, " shall be amended to read as follows: (a) Any person found guilty of an offense under this ordinance shall pay a civil fine in an amount of not less than $100. 00 and not more than $1.000 . 00 . Each calendar day during which such violation continues to exist shall constitute a separate offense. (b)" In. addition to any fine imposed under this section, the Administrator or Director may revoke any stormwater management permit issued to such person. (c) In addition to any fine imposed or permit revocation undertaken pursuant to this section, the Administrator or Director may issue an order requiring the suspension of any further work on the site. Such stop-work order shall be in writing, shall indicate the reason for the issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop-work 'order shall be posted in the site in a conspicuous place and one copy shall be served in the manner prescribed in §1006 upon the permittee, or if _._ none, upon the person whose name the site was last assessed for taxes as disclosed by the records of the Supervisor of Assessments. (d) In the enforcement of this ordinance, the Administrator or Director may bring any action, legal or equitable, including an action for injunctive relief, as they deem necessary. Section 902 , entitled "Application fee, " shall be amended to read as follows : The fee for filing an application for a variance shall be paid at the time of the. application in accordance with the fee schedule established by this Chapter. 21 . 01 . 030 FEES : A. The filing and application fees for site development permits, subdivision development permits or services for development set forth in this Title shall paid in addition to any other fees required by the Code. B. When calculating the acreage of a development for the purposes of determining the applicable fee under this Section, the acreage shall be derived from the entire size of the parcel being developed, as differentiated 6 from the acreage within the portion of the parcel on Jwhich the proposed .improvements will be constructed. C. When a cash deposit is required as part of the -filing and application fee for a site development permit , subdivision development permit or services for development set forth in this Title, the City shall submit an invoice to the applicant upon the completion of any review or inspection. The City may utilize consulting firms to provide reviews and inspections and submit an invoice to the applicant for the. consultant' s fees plus the city' s administrative costs . Reviews and inspections conducted by the City shall be billed at the rate of forty-five dollars ($45 . 00) per hour and shall be included on any invoice submitted to the applicant . D. Fee Schedule . SEDIMENT AND SOIL EROSION CONTROL Single-family dwelling or development $250 . 00 of five (5) acres or less FLOOD PLAIN Single-family dwelling or development $250 . 00 of five (5) acres or less Development greater than five (5) Actual cost to review, acres permit and inspect, but not less than $1000.00. Applicant shall make a cash deposit of 296 of engineer's estimate of costs. The City shall draw from the applicant's deposit as costs are incurred and submit an invoice for• such costs to the applicant . Upon receiving an invoice, the applicant shall submit an additional cash deposit to the City to maintain the requisite 2% of the engineer's estimate of costs. ,i 7 STORMWATER CONTROL Development of three 3 acres or Actual cost to review, permit and less inspect, but not less than $500.00. Applicant shall make a cash deposit of 2% of engineer's 'estimate of costs. The City shall draw from the applicant's deposit as costs are incurred and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the City to maintain the requisite 296 of . the engineer's estimate of costs. Development greater than (3) acres Actual cost to review, permit and inspect, but not less than $1000.00. Applicant shall make a cash deposit of 2% of engineer's estimate of costs. The City shall draw from the applicant's deposit as costs are incurred . and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the City to maintain the requisite 2% of the engineer's estimate of costs. " FEE-IN-LIEU OF SITE RUNOFF STORAGE Any development, each acre-foot of storage $25, 000 . 00 per or part thereof not provided acre-foot Commercial redevelopment or industrial 7500 . 00 per redevelopment, each acre-foot of. storage or acre-foot part thereof not provided Chapter 21. 03 APPLICABILITY 21 . 03 . 010 GENERAL: The contents of this Title supplement Titles 16, 18 and 19 of this Code and the requirements contained in this Title are in addition to the requirements of such regulations . 21 . 03 . 020 SPECIFIC APPLICABILITY: The provisions of this Title shall apply to all development within the City with the sole exception of parcels for which final plats of subdivision have been approved by the City and recorded prior to the effective date hereof and in which storm water control 8 _ facilities have also been approved by the City. The development of any parcel annexed to the City after the effective date hereof f shall in all instances comply with all applicable provisions of this Title . ° Section 2 . That Ordinance No . G77-01 passed on November 28 , 2001, be and is hereby repealed. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after January 1, 2002 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2001 Passed: December 19, 2001 Omnibus Vote: Yeas : 6 Nays : 0 Recorded: December 20, 2001 Published: December 21, 2001 Attest: _ s/ Dolonna Mecum Dolonna Mecum, City Clerk 9 Ordinance No. G37-02 AN ORDINANCE AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STORMWATER MANAGEMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 21 of the Elgin Municipal Code, 1976, as . amended, entitled "Stormwater Management", be and is hereby further amended to amend Section 21. 01 . 030D, entitled "Fee Schedule" to read as follows : "D. Fee Schedule. Sediment and Soil Erosion Control Single-family dwelling or development of five (5) acres or less : $250 .00. Development greater than five (5) acres : Actual cost to review, permit and inspect, but not less than $1000 . 00 . Applicant shall make a cash deposit of 2% of engineer' s estimate of costs . The city shall draw from the applicant' s deposit as costs are incurred and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2% of the engineer' s estimate of costs . Flood Plain Single.-family dwelling or development of five (5) acres or less : $250. 00 . Development greater than five (5) acres : Actual cost to review, permit and inspect, but not less. than $1000 . 00 . Applicant shall make a cash deposit of 2% of engineer' s estimate of costs . The city shall draw from the applicant' s deposit as costs are incurred and submit an invoice for such costs to the applicant . Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2% of the engineer' s estimate of costs . Storm Water Control Development of three (3) acres or less : Actual cost to review, permit and inspect, but not less than $500 . 00 . Applicant shall make a cash deposit of 2% of engineer' s estimate of costs . The city shall draw from the applicant' s deposit as costs are incurred and submit an invoice for such costs to the applicant . Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2% of the engineer' s estimate of costs. Development greater than three (3) acres : Actual cost to review, permit and inspect, but not less than $1000 . 00 . Applicant shall make a cash deposit of 2% of. engineer' s estimate of costs. The city shall draw from the applicant' s deposit as costs are incurred and submit an invoice for such costs to the applicant . Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 20 of the engineer' s estimate of costs . Fee in Lieu of Site Runoff Storage Any development, each acre-foot of storage or part thereof not provided: $25, 000 . 00 per acre-foot. Commercial redevelopment or industrial redevelopment, each acre-foot of storage or part thereof not provided: $7500 . 00 per acre-foot . Application for a Variance : $200 . 00 . " Section 2 . That all ordinances or part of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Passed: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Recorded: June 13 , 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G84-08 AN ORDINANCE AMENDING CHAPTER 21.01 OF THE ELGIN MUNICIPAL CODE, 1976,AS AMENDED,ENTITLED "STORMWATER MANAGEMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 21.01.020, of the Elgin Municipal Code, 1976, as amended, entitled "Additions, Insertions and Changes" be and is hereby further amended by adding to the listing contained herein the following additional items: "Section 201(d) entitled "General Stormwater Requirements", shall be amended by adding the following additional text to the end thereof: "The minimum freeboard on an overland flow path, regardless of the service area size, shall be one(1) foot." "Section 203(g)(1) entitled "Site Runoff Storage Requirements (detention)", shall be amended by adding the following additional text to the end thereof: "A safety and planting ledge shall be incorporated into detention facilities that include retention below normal water level greater than two (2) feet. Said ledge shall be at least six (6) inches but no more than two (2) feet below normal water level and shall extend a minimum distance of ten(10) feet into the pond." "Section 203(h)(2), entitled "Site Runoff Storage Requirements (Detention)", shall be amended to read as follows: "The storage facility shall be accessible and easily maintained. For subdivided land, storage facilities shall be located entirely on a lot dedicated therefor and shall have access to a public street. Buildable lots within a subdivision shall not include any portion of a stormwater storage facility. Access shall be via a minimum fifteen foot wide easement to accommodate a minimum twelve foot wide paved access." Existing Section 203(h)(12) contained therein is hereby amended to read as follows: "Section 203(h)(12), entitled "Site Runoff Storage Requirements (Detention)" shall be amended to read as follows: "The maximum allowable water level fluctuation shall be seven and one- half(7.5) feet." "Section 203(h)(13) entitled "Site Runoff Storage Requirements (Detention)", shall be created to read as follows: "The maximum slope on any portion of a storage facility, including access, shall be four foot of run for every one foot of rise (4:1). Exceptions will be made within the retention portion of a pond below normal water level if the facility is designed and intended to create fish habitat." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/Diane Robertson Diane Robertson, City Clerk 2 Exhibit "B" 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 or civil subdivision submittal, ENGINEER shall notify the CITY of his/her approximate costs, 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. Ver.3 Revised 1/9/09 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 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. 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 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 five (5) 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 Ver.3 Revised 1/9/09 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 developers 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 five (5) working days, and relay instructions from CITY to developer. ENGINEER shall instead notify the CITY, within five (5) working days, and relay instructions from CITY to developer. Ver.3 Revised 1/9/09 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. Ver.3 Revised 1/9/09 Exhibit "C" BAXTER &WOODMAN, INC. 2009 BILLING RATES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY BILLING RATES Principal $180 Senior Engineer $112 to $166 Planner $112 to $150 Construction Manager, Sr. $100 to $140 Resident Project Representative, Sr. $120 to $124 CADD Manager $116 to $120 Engineer $88 to $130 Designer $100 to $120 Water/Wastewater Operations $104 to $116 Construction Manager $90 to $110 Resident Project Representative $84 to $110 Staff Engineer $86 to $92 CADD Operator $76 to $90 Surveyor/Technician, Sr. $80 to $90 Surveyor/Technician $74 to $88 Administrative Assistant $72 Secretary $58 to $62 Technician $56 to $86 Hourly Billing Rates include direct and indirect overhead expenses, readiness to serve,and profit,and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Mileage Charges—Same as the Mileage Charge set by the U.S. Internal Revenue Service. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. B A X T E R Prop- Revised 01/21/09 ' I:\ELGNC\GENERAL\Forms of Contract\D COSTS YEAR 2009.doc WOODMAN February 26, 2009 TO: Mayor and Members of the City Council, FROM: Olufemi Folarin, City Manager Joe Evers, P.E., City Engineer SUBJECT: Engineering Service Agreements for the Review of Civil Site and Subdivision Plan Submittals PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of proposals for engineering services relative to the review of civil site and subdivision plans for conformance with the City of Elgin Municipal Code, the City of Elgin Engineering Standards and the adopted Kane County Storm Water Ordinance with amendments. RECOMMENDATION It is recommended that the City Council authorize staff to enter into agreements with the eight engineering consultant firms to provide engineering review services for the City of Elgin. BACKGROUND On December 19, 2001, the City adopted Kane County's Storm Water Control Ordinance (KCSWO) to serve as the City's storm water ordinance. Included in the adoption of the ordinance were fee structures that allowed staff to utilize consultants to review storm water applications for permit and provide inspection of storm water improvements on various site and subdivision developments. Since its adoption, the City has utilized the services of several consultants to assist in the review of storm water submittals related to the numerous site and subdivision proposals that have come forward. On June 23, 2006, the City Council approved engineering service agreements with eight engineering consultant firms due to the increasing number of developments and the demand to review the plans for these developments as expeditiously as possible. Several developers had requested that the City expand the use of consultants to include the review of the infrastructure components of the submittals. Their motivation was to reduce the review time and allow them to "break ground" sooner. The term of these agreements was through December 31, 2008. As Engineering Service Agreements for the Review of Plan Submittals February 26, 2009 Page 2 such, new agreements for a term of five years, through December 31, 2013, are now being presented for approval by the City Council. Staff is once again requesting engineering service agreements with the following firms: Baxter& Woodman Consulting Engineers Christopher B. Burke Engineering West, LTD Crawford, Murphy&Tilly, Inc. Engineering Enterprises Inc. Hampton Lenzini &Renwick Inc. Hey&Associates, Inc. Smith Engineering Consultants, Inc. V3 Companies of Illinois, Ltd. All of the consultants have satisfactorily completed reviews for the City since the adoption of the KCSWO. All of the firms have extensive backgrounds in municipal work for various agencies and are well versed in the requirements of the KCSWO. The City's engineering staff has confidence in each of the firms' abilities to provide the necessary expertise and timely turn around necessary to respond to the City's development community. Engineering would like to retain the services of all eight firms due to their involvement with numerous projects which have become dormant due to the economic downturn. By retaining all of the firms, the City can eliminate the need for a different firm to become familiar with a project once it"starts up" again in the future. The City Engineer will select when consultants will be used on a particular project as needed and based on available staffing at the time of submittal in order to complete the review in a timely manner. In some instances, reviews of adjacent properties may go to the same consultant if a notable benefit to the City is apparent. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Various developers within the community FINANCIAL IMPACT The developer will be required to escrow funds in the amount of 3% of the estimated cost for all related land improvements except storm water improvements, which are covered separately. The first escrow submittal will be 1.5% of the estimated cost of land improvements at the time the developer submits their preliminary plat and plans. The second escrow submittal will be 1.5%of the estimated cost of land improvements at the time the developer submits their final plat and plans. The ordinance also requires the developer to supplement the escrow funds once the initial Engineering Service Agreements for the Review of Plan Submittals February 26, 2009 Page 3 deposits have reached a minimum threshold of 0.5% of the estimated cost of related land improvements. The supplemental deposit insures that the actual cost to review a developer's plan is paid entirely by the developer. Invoices received from the consulting engineers as well as staff review time associated with the plan review will be charged against the escrowed funds. Account numbers will vary based on each individual project and be established accordingly. Budget adjustments will be necessary as the escrow accounts are established and used to pay expenses. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the agreements as recommended. 2. The City Council may choose to not approve the agreements and review plans in house with existing engineering staff. Respectfully submitted for Council consideration. do Attachment t City of Elgin Memorandum Date: April 1, 2009 To: Ron Rudd, Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-70 through 09-77, Regarding the various contracts listed below Enclosed please find the agreements listed below. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. 1. Agreement with Baxter and Woodman Consulting Engineers 2. Agreement with Christopher B. Burke Engineering West Ltd. 3. Agreement with Crawford, Murphy & Tilly, Inc. 4. Agreement with Engineering Enterprises, Inc. 5. Agreement with Hampton Lenzini & Renwick, Inc. 6. Agreement with Hey& Associates, Inc. 7. Agreement with Smith Engineering Consultants, Inc. 8. Agreement with V3 Companies of Illinois, Ltd.