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07-191 Resolution No. 07- 191 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH LAND VISION INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute an Amendment Agreement with Land Vision, Inc. on behalf of the City of Elgin for professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ., AMENDMENT AGREEMENT made and entered into this of Jul 2007, b This amendment agreement is a � y y, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") and Land Vision, Inc., an Illinois corporation (hereinafter referred to as "Consultant"). WHEREAS, the City and the Consultant have previously entered into an agreement dated February 14, 2007, wherein the City engaged the Consultant to furnish certain professional services in connection with an engineering and land management plan for a proposed development between Grove Avenue and the Fox River (such agreement is hereinafter referred to as the "Subject Agreement" and such project is hereinafter referred to as the "Project"); and WHEREAS, City desires to engage Consultant to provide additional professional services in conjunction with the Project to include design guidelines and further engineering services as hereinafter described. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and in consideration of the mutual undertaking as set forth in the Subject Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Section 1 of the Subject Agreement is hereby amended by adding a subparagraph D thereto to read as follows: "D. Consultant shall also provide the additional services for the Project as set forth in Consultant's proposal for additional services dated July 12, 2007, a copy of which is attached hereto as Attachment "B"." 2. Section 4 of the Subject Agreement is hereby amended by adding a subparagraph D thereto to read as follows: - 1 - "D. For the services provided by the Consultant pursuant to this amendment agreement and as set forth in Attachment "B", Consultant shall be paid at the direct hourly rate of personnel employed on the Project, with the total fee not to exceed $119,650 regardless of the actual cost incurred by the Consultant unless substantial modifications to the Scope of Work are authorized in writing by the Director. For outside services provided by other firms or sub-consultants with respect to the services to be provided by this amendment agreement, City shall pay the Consultant the invoiced fee, which such invoiced fees shall constitute and be construed as inclusive with and a portion of the aforementioned $119,650 not-to-exceed fee. All reimbursable expenses shall be itemized and reimbursed to Consultant; provided, however, that such reimbursable expenses shall constitute and be construed as inclusive within a portion of the aforementioned $119,650 not-to-exceed fee. Reimbursable expenses shall be those expenses reasonably arising out of or in connection with Consultant's work on the Project which are not fees." 3. The changes to the Subject Agreement as set forth in this amendment agreement are germane to the original Subject Agreement as signed and the changes provided for in this amendment agreement to the Subject Agreement are in the best interests of the City and are authorized by law. 4. In the event of any conflict between the terms of this amendment agreement and the terms of the Subject Agreement, the terms of this amendment agreement shall control. 5. That except with respect to the specific amendments to the Subject Agreement as set forth in this amendment agreement, the terms and provisions of the Subject Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] - 2 - IN WITNESS WHEREOF, the parties hereto have entered into and executed this amendment agreement as of the date and year first written above. FOR THE CITY: FOR �! ' , * ►/ By , /. IL Mayor a es . Ha on, President Land Vision, Inc. Attest: • - City Clerk F:\Legal Dept\Agreement\Riverfront Develop-Land Vision-Amendment Agr.doc - 3 - .r. LANDVISION July 12, 2007 Mr. Sean Stegall Assistant City Manager City of Elgin 150 Dexter Court Elgin, IL 60120-5555 RE: Riverside Residential Proposal 20 AC± Dear Mr. Stegall, Land Vision, Inc. proposes to provide a detailed Preliminary Plat and Design Guidelines for an approximate (20) acre redevelopment site between Grove Ave. and the Fox River. The proposed plan is identified as a mixed product residential neighborhood. The product mix would include single-family alley load, Riverview townhomes, and Riverview lofts. The plan will also include a riverfront park for public access. Land Vision, Inc. will sub-contract with Christopher B. Burke Engineering West Ltd. and Thompson Survey, Ltd. to provide engineering services which include ALTA Survey, Topographic Survey and Preliminary Engineering. Preliminary Plat, Preliminary Engineering and Design/ Development Guidelines will be incorporated into a Request for Proposal which will be distributed to potential development companies. Boundary and Alta Survey This work will be completed by Thompson Surveying Ltd. , as a sub- contractor to Land Vision, Inc. Below is the scope of services for this work: ALTA/ACSM Land Title Survey: Thomson Surveying, Ltd. (TSL) will prepare an ALTA/ACSM Land Title Survey of the +/-26 acre Elgin Riverfront Residential Project as shown on the Concept Plan One prepared by Land Vision with an effective date of April 13, 2007, located in Elgin, Illinois and will include items 1, 2, 3, 4, 7a, 8, 9, 10 and ila from Table A thereof (see attached) . Topographic Exhibit: TSL shall prepare a one foot topography consisting of a 50 foot grid and cross-sections throughout the property as well as a 50 foot overlap including 50 foot cross- st. Charles Office sections for approximately 1400 linear feet of North Grove Road. 116 W. Main St., #208 Locate and identify all visible surface, natural and man made St. Charles, Illinois physical features. Location of visible utilities such as manholes, 60174 Phone: 630.584.0591 valves, inlets, hydrants, and same shall be located horizontally Fax: 630.584.0592 with rim and invert elevations. Chicago Office Wetland Assement 500 N. Michigan Ave., #910 Christopher B. Bu-rk e —Er^=^eer ragNest--Ltd.- (GBBEWL) will prepare a Chicago, Illinois wetland assessment and delineation of the site in accordance with 60611 the requirements of the U.S. Army Corps of Engineers. An Phone: 312.245.2735 investigation of the project site will be completed to determine Fax: 312.245.2719 P Sycamore Office 308 W. State St., #302 Attachment "B" Sycamore, Illinois LANDVISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 2 the limits of the wetlands present. Also, during the site visit, wildlife and plant community qualities will be assessed. The limits of the wetland community will be field staked so that they can be located in relation to the project coordinate system. The results of the field reconnaissance will be summarized in a letter report. The wetland's generalized quality ratings, according to the Swink and Wilhelm Methodology (1994) , will be included along with exhibits depicting the approximate wetland and project boundaries, National Wetland Inventory, soil survey, floodplain, USGS topography, site photographs and their locations, and the U.S. Army Corps of Engineers (USACE) Routine On-site Data Forms. If wetlands or waters of the United States are present on the site, we will submit our report to the USACE for a jurisdictional determination. Pin flags delineating the wetland limits will be located with a handheld Global Positioning System (GPS) device prior to the report being prepared and submitted to the USACE. Threatened and Endangered Species Consultation CBBEWL will submit a consultation request to the United States Fish and Wildlife Service (USFWS) in compliance with Section 7 of the Endangered Species Act. We will prepare the initial response to any requests made by USFWS for additional searches for T & E species . We will submit an Illinois Department of Natural Resources (IDNR) Agency Action Report Consultation for state threatened and endangered species. We will prepare the initial response to any requests made by IDNR for additional searches for T & E species . If the agencies requests additional assessments, we will assist you in finding consultants qualified to perform the required fieldwork if it is species are staff does not have previous experience with. These consultations will be required prior to obtaining permits or authorizations to develop the site. Illinois Historic Preservation Agency Consultation CBBEWL will submit a consultation request with the Illinois Historic Preservation Agency (IHPA) in compliance with the Illinois State Agency Historic Resources Preservation Act. We will prepare the initial response to any requests made by IHPA for additional searches for historical or cultural resources. If the agency requests additional assessments, we will assist you in finding consultants qualified to perform the required fieldwork. This consultation will be required prior to obtaining permits or authorizations to develop the site. Preliminary Engineering Using the preliminary site plan to be provided to us by Land Vision, Inc. in both hard copy and AutoCAD formats, CBBEWL will prepare a preliminary— engineering desi n plan aamotsting of the storm sewers, sanitary sewers, watermains, and stormwater LANDVISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 3 management facilities, pavement and cursory grading information for the site improvements. Traffic Study Review: A traffic study is not included in our scope. After the extent of any proposed roadway improvements along the adjacent streets at the access locations are determined, we can prepare a separate scope for final design. Soils Investigation Review: We propose to review a geotechnical investigation (provided by others) . It is recommended that a geotechnical firm provide borings and recommendations for building foundation design, pavement design, retaining wall design, general earthwork, and construction feasibility. The cost to complete a geotechnical investigation is not included in our costs, but we will obtain proposals, if requested, and review them with you. The contractual obligations for any geotechnical investigations will be between the City of Elgin and the Geotechnical Consultant. Preliminary Engineering Plan: We will prepare a Preliminary Engineering Plan at a scale of approximately 1"=60 ' . The plan will show cursory grading information, for the streets, parking areas, and park area, storm sewer layout, sanitary sewer layout and watermain layout. We will also indicate the locations and type of BMP applications. We will prepare engineering details for the Best Management Practices that provide sufficient information, so that detailed final design can be completed by the design/development team selected for the project. Preliminary Opinion of Probable Construction Cost: Based upon the information contained in the preliminary design documents, we shall prepare a preliminary opinion of probable construction cost for the site improvements. Consultation: We have budgeted attending up to 4 meetings with the Client and the City staff to determine the standards to be used in the design as well as the adequacy of existing infrastructure that serves the property. Stormwater Management CBBEWL will evaluate the stormwater requirements, impacts, and opportunities, and develop a preliminary stormwater management plan and report for storm drainage, BMPs, and naturalized detention basins. We understand that the riverfront park areas available for detention basins will be limited and- some- sloimwaLer management requirements may be via fee-in-lieu. This work will be coordinated with the local ordinance, IDNR-OWR, and FEMA requirements. It is LANDVISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 4 assumed that floodplain impacts will be minimal and that no LOMR-F will be required. SUPPLEMENTAL SERVICES Engineering and surveying services which have not been included in the above detailed scope of work are usually referred to as Supplemental Services. If during the engineering process it becomes apparent that additional services will be required, or if major changes in the scope of work, including plan geometry are made by you, upon your request, we will perform or obtain from others such services. CBBEWL will be paid for such services on an hourly basis, or based on subsequent proposal/contract agreements, at the option of Client. Tasks considered as Supplemental Services include, but are not limited to, major changes to the scope of work, expert witness testimony in any litigation or other court proceedings involving this project, revisions to previously approved studies and/or design documents, major revisions to the site plan or building footprints, unanticipated improvements (on or off site) , structural design, mechanical design, studies or reports not specifically listed under the Scope of Basic Services, bidding documents, bid assistance, contract writing or administration, review of payment applications, meetings or technical assistance during construction, letter of credit reduction services, punchlist generation or review, preparation of any plats or record drawings not specifically listed under the Scope of Basic Services, design of buildings, landscaping, lighting, etc. , and construction staking or restaking not specifically listed in the Scope of Basic Services. Preliminary Plat LVI will utilize the new base information (Alta Survey, Topographic Survey) provided by Thompson Surveying to generate the Preliminary Plat based on the approved Concept Plan One. The Preliminary Plat will include the proposed roadway layout, pedestrian circulation, lot sizes/ areas, lot dimensions, proposed locations of Riverfront Artwork/ sculpture location of Veterans Memorial, as well as the proposed location and orientation of Riverview lofts and townhomes. Development Guidelines LVI will prepare development guidelines which will convey the urban design principles necessary to complete the build out of the plan. These principles s w>ll- include lot development standards, Architectural Design Guidelines, suggested Architectural examples, lot type map. The development guidelines will draw on the styles •.• €./.NDVISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 5 and built environment of the existing adjacent historic neighborhoods. Developer RFP Package LVI will assist the city with the assembly of the RFP to be distributed to developers. LVI will provide graphic design work for the RFP incorporating project graphics and verbal information provided by the City of Elgin staff. Land Vision, Inc. will work with city staff on the text and requirements for developers responding to the RFP. Reimbursable Expenses Direct out-of-pocket expenses connected with work on the project will be itemized and reimbursed at actual cost in addition to the cost of professional services. Typical reimbursable expenses include, but are not limited to, photo copying, computer plotting, digital aerial photo purchase, diazo printing, exhibit mounting and laminating, mileage at .485 cents per mile and postage. Cost of Professional Services (Fee Estimate) Service Cost ALTA/ ACSM Land Title Survey $9, 850 Topographic Survey $12, 800 Wetland Assessment $2,750 Threatened and Endangered Species Consultation/ $250 Illinois Historic Preservation Agency Consultation Preliminary Engineering $30, 000 Stormwater Management $9,000 Preliminary Plat $17,000 Design Guidelines $26, 000 RFP for Developers $8,500 Reimbursable Expenses $3,500 Total: Land Vision, Inc. will not exceed the maximum total amount of $119,650 for completion of the work described above without further written authorization by client. Land Vision, Inc. Hourly Billing Rates FY2007 Principal I $162 .50, Principal II $155 .00 Principal III $145 .00 Project Manager $135.00 ■�■ LANDVISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 6 Planner $115.00 Cad Manager/Graphic Designer / 3D Design $112 .50 Cad Technician $105.00 CHRISTOPHER B. BURKE ENGINEERING WEST, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES January 2007 Charges* Personnel ($/Hr. ) Principal 199 Engineer VI 185 Engineer V 150 Engineer IV 128 Engineer III 105 Engineer II 84 Junior Engineer 44 Engineering Technician IV 125 Engineering Technician III 110 Engineering Technician II 92 Engineering Technician I 79 Engineering Technician 46 Senior Soil/Environmental Scientist V 135 Soil/Environmental Scientist 107 Senior Environmental Resources Specialist 110 Environmental Resources Specialist III 97 Environmental Resources Specialist II 79 Environmental Resources Technician 73 Resource Planner V 97 Resource Planner Iv — 92 Resource Planner III 84 Resource Planner II 75 MINIM ■�■ LANI VISION July 12, 2007 Riverside Residential Proposal 20 AC± Page 7 Accounting 89 Word Processing/Secretary 75 Sub-Surface Drainage Consultant 126 Senior Land Planner 152 Associate Land Planner 105 Other Burke Group Services Land Surveying Manager 128 Senior Project Surveyor 110 Project Surveyor 81 Staff Surveyor 64 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 10% *Charges include overhead and profit Christopher B. Burke Engineering West, Ltd. reserves the right increase these rates and costs by 5% after December 31, 2007 . Sincerely, Charles M. Hanlon David M. Waden Land Vision, Inc. Accepted: This Day of 2006 By: Title: Signature: TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The Items of Table A must be negotiated between the surveyor and client. tt may be necessary for the surveyor to quality or expand upon the description of these Items,e.g.,In reference to Item 6,there may be a need for an Interpretation of a restriction. The surveyor cannot make a certification on the basis of an interpretation or opinion of another party. Items 16,17 and 18 are only for use on projects for the U.S. Department of Housing and Urban Development(HUD). if checked,the following optional items are to be Included in the ALTA/ACSM LAND TITLE SURVEY,except as otherwise negotiated: 1. X Monuments placed(or a reference monument or witness to the corner)at all major corners of the boundary of the property,unless already marked or referenced by en existing monument or witness to the corner. 2. X Vicinity map showing the property surveyed in reference to nearby highway(s)or major street interaeciion(s). 3. X Flood zone designation(with proper annotation based on federal Flood insurance Rate Maps or the state or local equivalent,by scaled map location and graphic plotting only.) 9.__X__Gross land area(and other areas if specified by the client). 5. Contours and the datum of the elevations. 6. __List setback,height,and floor space area restrictions disclosed by applicable zoning or building codes (beyond those required under paragraph 5d at these standards).If none,so stale, The source of such information must be disclosed See"tote"above. 7. X (a) Exterior dimensions of all buildings at ground level (b) Square footage of: (1) exterior footprint of all buildings at ground level (2)gross floor area of alt buildings;or (3)other areas to be defined by the client (c)Measured height of all buildings above grade et a defined location_If no defined location is provided,the point of measurement shah be shown. 8. X Substantial,visible improvements(in addition to buildings)such as billboards,signs,parking structures, swimming pooh,etc. 9. X Parking areas and,Istriped,the striping and the type(e.g.handicapped,motorcycle,regular,etc.)end number of parking spaces. 10. X irtdreation of access to a public way on kmdsuch as curb cuts and driveways,and to and horn wafers acfoinktg the surveyed tract,such as boat slips,launches,piers and docks.. 11. Location of utt8tles(representative examples of which era shown below)existing on or serving the surveyed property as delemened by.. X (a)Observed evidence (b)Observed evidence together with evidence from plans obtained from utility companies or provided by client, and s by utility companies and other appropriate sources(with reference as to the source of informationi •railroad tracks and sidings; •manholes,catch basins,valve vaults or other surface indications of subterranean uses; •wires and cables(including their function,if readily identifiable)crossing the surveyed premises,all poles on or within len feat of the surveyed premises,and the dimensions of all crossmembars or overhangs affecting the surveyed premises;and •utility company installations on the surveyed premises. 12. Governmental Agency survey-related requhenrants as specified by the client. 13. Names of adjoining owners el platted lands.