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98-197 Resolution No. 98-197 RESOLUTION ACCEPTING THE PROPOSAL OF HEY AND ASSOCIATES, INC. FOR THE WING PARK FAMILY AQUATIC CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Hey and Associates, Inc. to process the required flood plain permits for the Wing Park Family Aquatic Center for a total cost of $9,500, a copy of which is attached hereto and made a part hereof by reference. S/ Kevin Kelly Kevin Kelly, Mayor Presented: August 26, 1998 Adopted: August 26, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 3/t day of ___, 1998, by and between the CITY OF ELGIN, an Illino municipal corporation (hereinafter referred to as "CITY" and Hey and Associates, Inc . (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Wing Park Family Aquatic Center (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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR" . B. Review facility designs as prepared by Burbach Municipal and Civil Engineers for recommendations to meet flood plain construction guidelines set forth by the City, IDNR and Army Corp of Engineers as well as apply and follow process through to receive project permits from said agencies . C. A detailed Scope of Services is attached hereto as Attachment A. -2- II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: August 26 , 1998 Council approval to proceed September 16, 1998 Hey & Assoc. review pool plans and provide recommendations October 1, 1998 Apply for permits incuding IEPA, IDNR and Army Corp of Engineers October 1998 - January 1999 Continue to follow up on permitting process January 31, 1999 Receive permits B. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . 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 DIRECTOR 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 (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of $9,500 (Nine thousand five hundred dollars) , regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. -3- V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports 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 authorized representative of the CITY 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 written Notice to Proceed and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR determines that all of the ENGINEER' s work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any breach hereof by the ENGINEER. 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 his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER' s 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 DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. -4- 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 The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . 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 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 DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article IX entitled "Indemnification" shall be provided. -5- B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance 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 DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 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 -6- 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. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever. 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. -7- 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 . XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make -public proposals developed under this Agreement without prior written approval from the DIRECTOR 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: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. 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; -8- 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 (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR 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 : A. As to CITY: Monica Meyers Director of Parks and Recreation City of Elgin 31 South Grove Elgin, Illinois 60120-5555 B. As to ENGINEER: Gary Schaefer, P.E. President Hey and Associates, Inc. 627 N. Second Street Libertyville IL 60048 -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 u0 ( . /2/A___. City Clerk CY y Manager (SEAL) For the ENGINEER: Dated this (qday of .Goo ��"-t- 1998 . ATTEST: Ate By ' , YYyl,.,r .k, By l -4 1 Secretary President (SEAL) OFFICIAL SEAL APRIL MARCHUK NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 13.10.2000 HEYAGRE.MNT/TEXT081/POOLS la 4791303E2 P.02 HEY PND ASSOC JUL-i51393 02:20 ATTACHMENT "A" • Hey and Associates, Inc. Water Resourcas,Wetlands and Ecology 627 NORTH SECOND STREET fiRoOxfiELD, tr/7SCONSIN CMCA GO,&UN ar5 LaiERTYVIJJ F, ILLTS01.5 60448 OFFICE(847)913-0858 FAX(347) 918-0892 July 15, 1998 Ms Nforic_a,Meyers Director of Parks and Recreation City of Elgin 150 Dexter Court P_Igin, Illinois 60120 Re: Permit Documentation for Wing Park Pool- Updated Proposal Dear Monica: •-• We have rcceive.d a great deal of useful information from O.F. 13usbach Engineers regarding the above rnattcr, Based on this infomiation, wc have prepared this proposal to assist the City in obtaining the appropriate permits to allow construction of the design, which Burbach has prepared. However, it may be helpful if we review the permits, which will bc needed, the nature of the documentation and the probable time frame for receipt of permits. Permits Needed The following permits will definitely bc needed for the project. • Construction in Boodway (!DNR-OWR Part 708 Rules), • Construction in floodplain (IDNR-OWR Part 700 Rules) (possible statewide or regional permit), • Section 404 pert-nit for removal of old bridges and construction of new bridges (we have assumed that some work will be done inside the jonsdictional limits for abutments), and • IEPA 401 certification and Pollution Prevention Plan certification. Documentation Needed The documentation needed to obtain the above permits includc die follong items. • Existing Elgin Ordinance Chapter 21.10.050 (this cannot be waived and review of documentation must be by the state (including supporting engineering calculations), • Wetland delineation, • Phase I archaeology, • Phase I environmental audit, • Threatened and endangered species consultation, • Soil erosion and sediment control plan, and • Joint permit application forms. • 47'31 -':':c' 0•P.23 ;UL-15-1393L-15-139S 02:22 HEY ND 3C Ms. Monica Meyers July 15, 1998 page 2 of 2 Earlier, V7t provided Bob Maim with highlighted copies of Elgin's ordinance (which embodies the IDNR Part 708 rules) and additional guidance from the state on the permit review guidelines which will be followed. We will use the existing FE_MAmodel for this wcrk as recommended by LDNR-OWR. Archaeology and the environmental audit will be the City of Elgin's responsibility. We assumed the soil erosion and sediment control documentation and the Pollution Prevention Plan will be by D.P. Burbach Engineers. Schedule The 1DNR re-view will probably rake at least three months from time of permit submittal. The 404 permit will be about 45 days if nationwide permits axe deemed acceptable by the Corps. An individual 404 permit would'take at least four months. The first of the year is a reasonable goal to obtain the above permits if we start immediately, Proposal Wt will prepare the above documentation relying on Elgin and Burbach for all data. Wc will make the necessary engineering calculations,prepare the documents and coordinate with both the City and Burbach if any revisions to plans seem necessary or desirable. However, our intent is to submit documentation to obtain approval for only one plan. Additional calculations using the new Tyler Creek model are not included in this proposal. No additional survey is included as we will rely explicitly on Burbach's data and our earlier survey. Finally,if documentation fur an individual 404 permit is required it will be an extra. Fees Our fee for these services would be $9,500 on a time and materials basis at the attached rates and conditions. If substantial changes are made to the site plan, additional tasks will be on time and material at the attached rates and conditions. Also all responses to agency comments are not included and will be at rime and materials. Attendance at any meetings will be at the City's sole direction and is not included in the above fee and will be at time and materials. Oc=t-jpga.c— ( We can beginthese tasks immediately and will complete it b-v August 31, 1998 unless changes are made to the selected plan. We look forward to assisting the City on this project. If you have any questions or need more information please Sincerely, 1 Gary C. Schaefer, P.E. President c. D. Lawry, City of Elt*i TYPES OF PERMITS ISSUED BY THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES/ OFFICE OF WATER RESOURCES The Illinois Department of Natural Resources, Office of Water Resources (DNR,OWR), formerly the Illinois Department of Transportation, Division of Water Resources, has three types of permits: Statewide, Regional and Formal Permits. Statewide and Regional permits are "blanket type" permits that authorize many relatively minor projects. Formal permits are used to authorize all other projects. The following are descriptions of the Statewide, Regional and Formal permits. STATEWIDE PERMITS Twelve Statewide Permits have been issued to authorize various minor projects across the state. However, the Statewide Permits are not applicable in designated floodways in Cook, DuPage, Kane, Lake, McHenry, and Will Counties. Each Statewide Permit has general conditions and unique special conditions. A completed application form and plans do not need to be submitted to DNR, OWR for review. All projects that are built in accordance with the terms and special conditions of a Statewide Permit are authorized by that Statewide Permit. Authorization of a project under a Statewide Permit does not supersede nor relive the permittee's responsibility to obtain other federal, state or local permits. The Statewide Permits are as follows: Statewide Perron No. 1 authorizes flood fringe construction on the lower Rock River in Rock Island County. It is no longer applicable in Northeastern Illinois.. Statewide Permit No. 2 authorizes construction of bridge and culvert structures in rural areas on streams that drain less than 25 square miles. Statewide Permit No. 3 authorizes mooring facilities for barge fleeting purposes. Statewide Permit No. 4 authorizes aerial utility crossings. Statewide Permit No. 5 authorizes minor, non-commercial boat docks. Statewide Permit No. 6 authorizes minor, non-obstructive construction activities, such as light poles, sidewalks, and playground equipment. This permit authorizes work in the overbank area only. Other minor activities may meet the intent of Statewide Permit No. 6 but plans of the activity must be submitted to DNR, OWR for review and a determination. . Statewide Perron No. 7 authorizes outfalls, including pipes and ditches. Statewide Perri& No. 8 authorizes underground pipeline and utility crossings. There are many streams that are exempt from Statewide Permit No. 3, such as the Illinois River, Kankakee River, Fox River, Chicago River and the Chicago Sanitary and Ship Canal. Many others are listed on the permit. A-16 Stttewide Perron Na. 9 authorizes minor shoreline and streambank protection activities. statewide Perron No. 10 authorizes accessory structures and additions to existing residential buildings. Stztewide Pernitt No. 11 authorizes minor maintenance dredging activities. Statewide Pe/matt No. 12 authorizes State and County bridge and culvert replacement structures. Note: Remember, the Statewide Permits are not applicable in designated floodways in Northeastern Illinois. REGIONAL PERMITS Three Regional Permits have been issued to authorize minor projects in designated floodways in Cook, DuPage, Kane, Lake, McHenry and Will Counties. Regional Permits No. 1 and 2 were issued by the Illinois Department of Transportation, Division of Highways for minor highway improvements and are not addressed in this handouL Regional Permit No. 3 was issued by DNR, OWR to authorize other minor improvements. As with the Statewide Permits, a completed application form and plans do not need to be submitted. All projects that meet the terms and special conditions of Regional Permit No. 3 are authorized by DNR, OWR but does not relieve the perrnittee of the responsibility to obtain other federal, state or local I . authorizations. Redional Permit No. 3 authorizes minor projects in Northeastern Illinois regulatory floodways that have been designated by.the Department, Underground and overhead utilities, storm and sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment, and streambank protection activities can be authorized under Regional Permit No. 3. It does not authorize utility crossings on certain streams as noted in item (h) on page 2 of the regional permit. Other minor projects not specifically listed are not authorized by Regional Permit No. 3 and must receive a formal permit. FORMAL PERMIT • Formal permits are issued to authorize major projects and minor projects that cannot be authorized by a Statewide or Regional Permit. A completed application form, plans and usually calculations must be submitted to show that the project meets the applicable State rules. Bridges, culvert crossings, pedestrian bridges, dams, levees, public flood control projects, floodway and channel relocations, and major filling and regrading projects are examples of projects that require a formal permit. Issuance of a 21 day public notice is required for dams; projects in a public body of water, and projects in Northeastern Illinois that change the regulatbry floodway boundary or flood profile. • 1 g 03/13/96 statewde.doc 111 A-17 •-14 o •. GUIDELINES FOR A PERMIT iP REVIEW OF A DECK/GARAGE/SHED/POOL PROPOSED IN 'A FLOODWAY OR FLOODPLAIN lq 1. Delineate the floodway limit from the floodway map on the plat of survey and determine the direction of flood flows . 2. Determine the conveyance shadows of existing structures in the floodway on the subject and neighboring lots . To do this, draw flow divergence lines at a 1: 1 ratio upstream and flow convergence lines at a 4 : 1 ratio downstream in relation to flood flow direction lines. 3. Determine if the proposed location will block 'flood flows. 11 (a) If the proposed structure can be located completely within a conveyance shadow, flood flows will not be blocked. (b) If the structure cannot be placed within a conveyance shadow then 11 conveyance (1 .466AR^ (2/3) /n) must be maintained for all hydraulic cross- sections (perpendicular to flood flows) by (i) elevating the structure above the BFE on stilts, (ii) excavating, (iii)relocating an existing structure in the same hydraulic cross-section and/or (iv) obtaining a LOMR to relocate the floodway. (4 ) Ensure that compensatory storage is provided above and below • 10-yr frequency flood elevation. • Notas: • NargIRMI Garages must be detached with electical outlets elevated above the BFE. ' Pools require compensatory storage for the water volume above the ground. --• Fences are not permissible in a floodway except for recreational fences parallel to flood flows or for pools if they are the .minimal size needed for safety (a Flood 1 C1,14"-'-'4. rlooduay Limit fence is a solid wall' for conveyance • consideration due to debris catchment) . plain Boundary In floodplains where no floodway is designated, use the same procedures for the effective floodway region of the floodplain. In the six 1 counties of northeast Illinois, the effective floodway is usually the • middle 90% area of the floodplain. IDNR/OWR must concur with an engineer's determination of the BFE for floodplains which drain more than one square mile for structures where a BFE is needed for permit reviews (ie. a house, building addition, commercial building, parking lots, road crossings, etc. ) . Contact IDNR/OWR (formerly IDOT/DOWR) for clarification. IGNR/CuR 11/95 A-18 When does IDNR/OWR need to review a project in a Delegated Community? • Floodplains where no floodway is defined: Applicants require IDNR/OWR review when the drainage arca is greater than I square mile and a BFE needs to determined. Projects which require a BFE determination include parking lots, habitable or commercial buildings, additions which constitute substantial improvements and other projects where accurate flooding information is needed. Remember that the floodplain on the FIS maps is usually only a flood-of-record as was . known prior to the publishing of the USGS hydrologic atlases in the 1960's. Therefore, these flood boundaries and approximate elevations are not sufficient for evaluating proposed projects where accurate flooding information is important. • • Floodways: Applicants require IDNR/OWR's review and concurrence for a proposed change to • the BFE or the floodway limits. Note that if the map revision requires that floodway storage and conveyance be relocated to facilitate development,then IDNR/OWR will require that the • community (a) concurs with the proposal and (b) either assumes the responsibility to operate and maintain the modification or accepts the responsibility to undertake the operation and maintenance if the primary party fails to do so. Operation and maintenance can r,st2il such things as repairing erosion damage, removing sedimentation and clearing fallen trees and vegetation. Dams: A dam is a structure which intentionally impounds wain or diverts flows. If there would be a potential threat to property or life if the proposed structure were to fail, then a dam safety • permit is required. If there would be no potential threat to property or life if the structure were to fail and the drainage area is less than one square mile(as is the case with most subdivision stormwater detention ponds), • then a dam safety permit is not required if(a)the height of the dam is less than 6 R and (b)the impoundment capacity is less than 50 acre-ft. Otherwise,the project may require a dam safety permit. The Village should inform the applicant that the review process for darn safety permits is time consuming and that the required engineering may be costly. Therefore, the applicant may desire to design the structure so that a darn safety permit is not required. Public Bodies of Water: Projects in, over or adjacent to public bodies of water require IDNR/OWR review. The public waters in Will County include the Kankakee River, the Des Plaines River, the Chicago Sanitary and Ship Canal, the Illinois and Michigan Canal and those waters which are connected to the main channel during normal stages. Federal, State,County and Village Projects: These projects require IDNR/OWR review. Flood Control Projects: The determination that a project is for flood control must be made by IDNR/OWR Bridge Hydraulics: Bridge and culvert hydraulics must receive IDNR/OWR concurrence. Note: The Community should have the project information sent to IDNR/OWR after substantially concurring with the project. QRNBJOWR IL A-19 • (Ord. GI 1-94 3 4, 1994; Ord, G14-92 - 16 (part), 1992.) 21,10.00 OCCUPATION AND USE OF IDENTIFIED FLOODWAYS. A. Occupation and Use of Identified Floodways-Generally. This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for the Fox River, Randall Rd, Tributary, Tyler Creek, Lords Park Tributary and Poplar Creek, shall be as delineated on the regulatory floodway maps designated by DWR according and referenced in Section 2i.10.020(NN). Only those uses and structures will be permitted which meet the criteria in this section. All tloodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Chapter 21.10.070. B. Development Permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the public works director. C. Application Information. Application for a development permit shall be made on a form provided by the engineering division of the department of public works. The application shall include the following information: 1. Name and address of applicant; 2. Site location (including legal description) of the property, drawn to scale, on the regulatory tloodway map indicating whether it is proposed to be in an incorporated or unincorporated area; 3. Name of stream or body of water affected; _ 4. Description of proposed activity; 5. Statement of purpose of proposed activity; 6. Anticipated dates of initiation and completion of activity; (Elgin 3/23/94) oF E4c> I . City of Elgin Agenda Item No. 3- § August 5, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Hey and Associates Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider contracting with Hey and Associates, Inc. for coordinating the permits for the Wing Park Family Aquatic Center. BACKGROUND Hey and Associates has been working with Burbach Municipal and Civil Engineers to review the current Wing Park Family Aquatic Center Plans and provide recommendations to acquire approval emk from the Illinois Department of Natural Resources (IDNR) and the Army Corp of Engineers to construct the Wing Park Family Aquatic Center in the flood plain. Design changes, as recommended by Hey and Associates, have been incorporated in the current Wing Park Family Aquatic Center plans to raise buildings above the 100-year flood level . Hey and Associates have stated that performing the recommended modifications may be favorably considered for permit approval through the IDNR and the Army Corp of Engi- neers . Hey and Associates will coordinate the permitting process with the IDNR and the Army Corp of Engineers, as outlined in the attached proposal, for the fee of $9, 500 . In the original plan, the City was to coordinate the project permits . Howev- er, due to the sensitive nature of the project, it would be to the City' s best interest to utilize Hey and Associates ' exper- tise in flood plain projects to assure the permitting for the Wing Park Family Aquatic Center. Hey and Associates fee is estimated on a time and materials basis. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board. Hey and Associates Contract August 5, 1998 Page 2 pot FINANCIAL IMPACT Sufficient funds are available in account number 275-0000-791 . 92-36, Wing Park Family Aquatic Center, for the Hey and Associates fee of $9, 500 . I le/ L E G A L IMPACT Y4 The proposed agreement needs to be submitted to the Legal Department for review. ALTERNATIVES Option 1- Contract with Hey and Associates to process the required flood plain permits at a total cost of $9, 500 . Option 2- Do not contract with Hey and Associates; staff to process the required flood plain permits . RECOMMENDATION It is recommended that the Mayor and members of the City Council approve Hey and Associates to process the required flood plain permits for the Wing Park Family Aquatic Center, as specified in option 1, at a total cost of $9, 500 . Respectfully submitted, Joyce A. Parker City Manager mm/MM ASSOC. 13479160383 F.02 3UL-15-1993 0�:%0 HEY AND Hey and Associates, Inc. Water Resoures,Wetlands and Ecology 627 NORTH SECOND ST AT .BRooxFIPto, w75cONSIN anC.sco,Lccrvars 2I&ER7YVTU F; 171I'OIS 60048 OFFICE(847)9184888 Fa.x(S47)918-0892 July 15, 1998 Ms Monica Meyers Director of Parks and Recreation City of Elgin 150 Dexter Court Elgin, Illinois 60120 Re: Permit Documentation for Wing Park Pool— Updated Proposal Dear Monica: We have received a great deal of useful information from D.F. Burbach Engineers regarding the above matter. Based on this information, we have prepared this proposal to assist the City in obtaining the appropriate permits to allow construction of the design, which Burbach has prepared. However, it may be helpful if we review the permits, which will be needed, the nature of the documentation and the probable time frame for receipt of permits. ( Permits Needed The following permits will definitely be needed for the project. • Construction in floodway(IDNR-ODGR Part 708 Ruks), • Construction in floodplain (IDNR-OWR Part 700 Rules) (possible statewide or regional permit), • Section 404 permit for removal of old badges and construction of new bridges (we have assumed that some work will be done inside the jurisdictional limits for abutments), and • IEPA 401. certification and Pollution Prevention Plan certification. Documentation Needed The documentation needed to obtain the above permits includes the follo� ng ice.s. • Existing Elgin Ordinance Chapter 21.10.050 (this cannot be waived and review of documentation must be by the state (including supporting engineering calculations), • Wetland delineation, • Phase I archaeology, • Phase I environmental audit, • Threatened and endangered species consultation, • Soil erosion and sediment control plan, and • Joint permit application forms. F.z3 ...TL.L.-15-.1.993 2222 HEY PIND Ms. Monica Meyers July 15, 1998 page 2 of 2 Earlier, we provided Bob Maim with highlighted copies of Elgin's ordinance (which embodies the IDNR Part 708 rules) and additional guidance from the state on the permit review guidelines which will bc followed. We will usc the existing FENT model for this work as zecol-nrricnded by IDNR-OWR. Archaeolog and the environmental audit will be the City of Elgin's responsibility. We assumed the soil erosion and sediment control documentation and the Pollution Prevention Plan will be by D.F. Burbach Engineers. Schedule The 1DNR review will probably take at least three months from rime of permit submittal. The 404 permit will be about 45 days if nationwide permits arc deemed acceptable by the Corps. An individual 404 permit would take at least four months. The first of the year is a reasonable goal to obtain the above permits if we start inamediately. Proposal We will prepare the above documentation relying on Elgin and Burbach for all data. We will make the (Pik necessary engineering calculations,prepare the dociimer.ts and coordinate with both the City and'Burbach if any revisions to plans scan necessary or desirable. However, our intent is to submit documentation Cr' obtain approval for only one plan. Additional calculations using the new Tyler Creek model are not included in this proposal. No additional surrey is included as we will rely explicitly on Burbach's data and our earlier survey. Finally,if documentation for an individual 404 permit is required it will be an extra. Fees Our fee for these services would be $9,500 on a time and materials basis at the attached rates and conditions. If substantial changes are made to the site plan, additional tasks will be on time and material at the attached rates and conditions. Also all responses to agency comments arc not included arid will be at time and materials. Attendance at any meetings will be at the City's sole direction and is not included in the above fee and will be at time and materials. We can begin these tasks immediately and will complete it by August 31, 1998 unless changes are made to the selected plan. We lock forward to assisting the City on this project. If you have any questions or recd more information please call. Sincerely, if Gary C. Schaefer; P.E. President c. D.Lawry, City of Elgin TYPES OF PERMITS ISSUED BY THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES/ OFFICE OF WATER RESOURCES The Illinois Department of Natural Resources, Office of Water Resources (DNR,OWR), 111 formerly the Illinois Department of Transportation, Division of Water Resources, has three types of permits: Statewide, Regional and Formal Permits. Statewide and Regional permits are "blanket types permits that authorize many relatively minor projects. Formal permits are used to authorize all other projects. The following are descriptions of the Statewide, Regional and Formal permits. STATEWIDE PERMITS Twelve Statewide Permits have been issued to authorize various minor projects across the state. However, the Statewide Permits are not applicable in designated floodways in Cook, DuPage, Kane, Lake, McHenry, and Will Counties. Each Statewide Permit has general conditions and unique special conditions. A completed application form and plans do not need to be submitted to DNR, OWR for review. All projects that are built in accordance with the terms and special conditions of a Statewide Permit are authorized by that Statewide Permit. Authorization of a project under a Statewide Permit does not supersede nor relive the permittee's responsibility to obtain other federal, state or local permits. The Statewide Permits are as follows: rStatewide Perron No. 1 authorizes flood fringe construction on the lower Rock River in Rock Island County. It is no longer applicable in Northeastern Illinois. Statewide Penutt No. 2 authorizes construction of bridge and culvert structures in rural areas on streams that drain less than 25 square miles. Statewide Permit No. 3 authorizes mooring facilities for barge fleeting purposes. Statewide Permit No. 4 authorizes aerial utility crossings. Statewide Permit No. 5 authorizes minor, non-commercial boat docks. Statewide Permit No. 6 authorizes minor, non-obstructive construction activities, such as light poles, sidewalks, and playground equipment. This permit authorizes work in the overbank area only. Other minor activities may meet the intent of Statewide Permit No. 6 but plans of the activity must be submitted to DNR, OWR for review and a determination. . Statewide Perron No. 7 authorizes outfalls, including pipes and ditches. Statewide Permit No. 8 authorizes underground pipeline and utility crossings. There are many streams that are exempt from Statewide Permit No. 8, such as the Illinois River, Kankakee River, Fox River, Chicago River and the Chicago Sanitary and Ship Canal. Many others are listed on the permit. I A-16 • Statewide Perratt No. 9 authorizes minor shoreline and streambank protection activities. Statewide Penult No. 10 authorizes accessory structures and additions to existing residential 1r buildings. Statewide Permit No. 11 authorizes minor maintenance dredging activities. Statewide Permit No. 12 authorizes State and County bridge and culvert replacement structures. Note: Remember, the Statewide Permits are not applicable in designated floodways in Northeastern Illinois. REGIONAL PERMITS Three Regional Permits have been issued to authorize minor projects in designated floodways in Cook, DuPage, Kane, Lake, McHenry and Will Counties. Regional Permits No. 1 and 2 were issued by the Illinois Department of Transportation, Division of Highways for minor highway improvements and are not addressed in this handout. Regional Permit No. 3 was issued by DNR, OWR to authorize other minor improvements. As with the Statewide Permits, a completed application form and plans do not need to be submitted. All projects that meet the terms and special conditions of Regional Permit No. 3 are authorized by DNR, OWR but does not relieve the permittee of the responsibility to obtain other federal, state or local authorizations. Regional Permit No. 3 authorizes minor projects in Northeastern Illinois regulatory floodways ir that have been designated by.the Department. Underground and overhead utilities, storm and sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment, and streambank protection activities can be authorized under Regional Permit No. 3. It does not authorize utility crossings on certain streams as noted in item (h) on page 2 of the regional permit. Other minor projects not specifically listed are not authorized by Regional Permit No. 3 and must receive a formal permit. FORMAL PERMIT Formal permits are issued to authorize major projects and minor projects that cannot be authorized by a Statewide or Regional Permit. A completed application form, plans and usually calculations must be submitted to show that the project meets the applicable State rules. Bridges, culvert crossings, pedestrian bridges, dams, levees, public flood control projects, floodway and channel relocations, and major filling and regrading projects are examples of projects that require a formal permit. Issuance of a 21 day public notice is required for dams, projects in a public body of water, and projects in Northeastern Illinois that change the regulatory floodway boundary or flood profile. I 03/13/96 statewde.doc A-17 • GUIDELINES FOR A PERMIT tom- REVIEW OF A DECK/GARAGE/SHED/POOL . PROPOSED INA FLOODWAY OR FLOODPLAIN 1. Delineate the floodway limit from the floodway map on the plat of survey and determine the direction of flood flows. if 2. Determine the conveyance shadows of existing structures in the floodway on the subject and neighboring lots. To do this, draw flow 10 divergence lines at a 1:1 ratio upstream and flow convergence lines at a 4:1 ratio downstream in relation to flood flow direction lines. 3. Determine if the proposed location will block flood flows. 10 (a) If the proposed structure can be located completely within a conveyance shadow, flood flows will not be blocked. (b) If the structure cannot be placed within a conveyance shadow then conveyance (1.486ARA (2/3)/n) must be maintained for all hydraulic cross- sections (perpendicular to flood flows) by (i) elevating the structure above the BFE on stilts, (ii) excavating, (iii)relocating an existing structure in the same hydraulic . cross-section and/or (iv) obtaining a LOMR to relocate the floodway. i0 (4) Ensure that compensatory storage is provided above and below 10-yr frequency flood elevation. Notes: • -11411111W!! Garages must be detached with electical outlets elevated above the BFE. Pools require compensatory storage for the water volume above the ground. ..... iiipwt.*pV ...... ........ Fences are not permissible in a floodway except for recreational fences parallel ....... .4,,• • to flood flows or- for pools if they are 10 -----4the minimal size needed for safety (a Flood flowo0 Floodway fence is a solid wall for conveyance • consideration due to debris catchment) . 11 F.,..:Zodplain Boundary In floodplains where no floodway is designated, use the same procedures for the effective floodway region of the floodplain. In the six 11 counties of northeast Illinois, the effective floodway is usually the middle 90% area of the floodplain. IDNR/OWR must concur with an engineer's determination of the BFE for floodplains which drain more 10 than one square mile for structures where a BFE is needed for permit reviews (ie. a house, building addition, commercial building, parking lots, road crossings, etc. ) . Contact IDNR/OWR (formerly IDOT/DOWR) for clarification. IDNR/CWR 11/9S 11 A-18 P When does IDNRIOWR need to review a project in a Delegated Community? Floodplains where no floodway is defined: Applicants require IDNR/OWR review when the drainage area is greater than 1 square mile and a BFE needs to determined. Projects which require a BFE determination include parking lots,habitable or commercial buildings, additions • which constitute substantial improvements and other projects where accurate flooding information is needed. Remember that the floodplain on the FIS maps is usually only a flood-of-record as was . known prior to the publishing of the USGS hydrologic atlases in the 1960's. Therefore, these flood boundaries and approximate elevations are not sufficient for evalnnring proposed projects where accurate flooding information is important. Floodways: Applicants require IDNR/OWR's review and concurrence for a proposed change to the BFE or the floodway limits. Note that if the map revision requires that floodway storage and conveyance be relocated to farilitate development,then IDNR/OWR will require that the community(a) concurs with the proposal and (b)either assumes the responsibility to operate and • • maintain the modification or accepts the responsibility to undertake the operation and maintenance if the primary party fails to do so. Operation and maintenance can entail such things as repairing erosion damage, removing sedimentation and clearing fallen trees and vegetation. Dams: A dam is a structure which intentionally impotrcie water or diverts flows. If there would be a potential threat to property or life if the proposed structure were to fail,then a dam safety • • permit is required. • If there would be no potential threat to property or life if the structure were to fail and the drainage area is less than one square mile(as is the case with most subdivision storrnwater detention ponds), • then a darn safety permit is not required if(a}the height of the dam is less than 6 ft.and(b)the impoundment capacity is less than 50 acre-ft. Otherwise,the project may require a dam safety • permit. The Village should inform the applicant that the review process for dam safety permits is time consuming and that the required engineering may be costly. Therefore, the applicant may desire to design the structure so that a dam safety permit is not required. Public Bodies of Water: Projects in, over or adjacent to public bodies of water require IDNR/OWR review. The public waters in Will County include the Kankakee River,the Des Plaines River, the Chicago Sanitary and Ship Canal, the Illinois and Michigan Canal and those waters which are connected to the main channel during normal stages. Federal, State, County and Village Projects: These projects require IDNR/OWR review. • • Flood Control Projects: The determination that a project is for flood control must be made by IDNR/OWR Bridge Hydraulics: Bridge and culvert hydraulics must receive IDNR/OWR concurrence. • Note: The Community should have the project information sent to IDNR/OWR after substantially concurring with the project. IDNR/OWR 11/95 A-19 (Ord. G11.-94 3 4, 1994; Ord. G14-92 3 16 (part), 1992.) 21.10.050 OCCUPATION AND USE OF IDENTIFIED FLOODWAYS. A. Occupation and Use of Identified Floodways-Generally. This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for the Fox River, Randall Rd. Tributary, Tyler Creek, Lords Park Tributary and Poplar Creek, shall be as delineated on the regulatory floodway maps designated by DWR according and referenced in Section 21.10.020(NN). Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Chapter 21.10.070. rink B. Development Permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the public works director. C. Application Information. Application for a development permit shall be made on a form provided by the engineering division of the department of public works. The application shall include the following information: 1. Name and address of applicant; 2. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway map indicating whether it is proposed to be in an incorporated or unincorporated area; 3. Name of stream or body of water affected; 4. Description of proposed activity; 5. Statement of purpose of proposed activity; 6. Anticipated dates of initiation and completion of activity; (Elgin 3/23/94)