Loading...
09-74 Resolution No. 09-74 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON LENZINI AND RENWICK, INC. 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 Hampton Lenzim and Renwick, Inc. 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 Ppday of , 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation (her&a4fter referred to as "CITY") and Hampton, Lenzini &Renwick, 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•//www.cityofelgin.ora/documentview.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 complete civil engineering site/subdivision submittal as defined by the attached Page 1 of 8 Ver.3 Revisedl/9/09 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 S %(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 (II. B. above), if applicable, will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the ADMINISTRATOR to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 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. 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 Revised 1/9/09 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 1/9/09 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 1/9/09 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 construction thereof. XX.MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. XXIL 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 9 Ver.3 Revised 1/9/09 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. Douglas F. Paulus,P.E. City Engineer/Administrator 380 Shephard Drive City of Elgin Hampton, Lenzini &Renwick, Inc. 150 Dexter Court Elgin, IL 60123-7010 Elgin, Illinois 60120-5527 (847) 697-6700 Phone (847)931-5958 Phone (847)697-6753 Fax (847) 931-5965 Fax Page 7 of 8 Ver.3 Revised 1/9/09 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 Cit Clerk City Man er uRes�M�N4 For the ENGINEER: Dated this 9P- day of J 0.vl va-r , A.D.,2009. ATTEST: By �� U� � � By Assis nt Secretary Douglas F. Paulus Vice President and Corporate Secretary (SEA11L) Page 8 of 8 Ver.3 Revised 1/9/09 Exhibit "A" Ordinance No. G80-01 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 municipalities, 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 effective 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 : 1 1 flow from the face of the curb shall be limited to eight _l 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 (1011 ) 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 (1011 ) 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 . } 3 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 authority, " shall be amended to read as follows : Pursuant to the authority granted by 55 ILCS 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 from the acreage within the portion of the parcel on 1 which 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 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. f i 7 facilities have also been approved by the City. The development of =-� any parcel annexed to the City after the effective date hereof 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 p Attest: yj s/ Dolonna Mecum Dolonna Mecum, City Clerk 9 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 2% 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 "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 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 V I EXHIBIT C I Hampton, Lenzini and Renwick, Inc. Civil Engineers • Structural Engineers • Land Surveyors www.hlrengineering.com December 30, 2008 Mr. David Lawry General Service Director City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Re: Annual Hourly Rate Update January 1, 2009 through December 31, 2009 Dear Mr. Lawry: The hourly rates we charge for the various services provided to the City of Elgin will expire on December 31, 2008. In order to provide continuity of services, we are submitting the following new rates for approval for all services required from January 1, 2009 through December 31, 2009. 2009 Employee Classification Hourly Rate Principal $155.00 Engineer Specialist 150.00 Engineer 9 147.00 Engineer 8 138.00 Engineer 7 126.00 Engineer 6 112.00 Engineer 5 101.50 Engineer 4 97.00 Engineer 3 91.00 Engineer 2 86.50 Engineer 1 77.00 Technician 7 99.00 Technician 6 90.50 Technician 5 80.00 Technician 4 69.00 Technician 3 61.00 Technician 2 55.00 Technician 1 46.50 Clerical 2 70.00 Clerical 1 49.00 Accountant 71.50 If you have any questions on the above, please call our Elgin office. Very truly yours, HAMPTON, LENZINI AND RENWICK, INC. By: r-� 1 David H. Hinkston, P.L.S. C.E.O. DHH:dIh GAAgreements\Elgin\2009 Letter.doc 380 Shepard Drive 3085 Stevenson Drive,Suite 201 Elgin, Illinois 60123-7010 Springfield, Illinois 62703 Tel.847-697-6700 Tel. 217-546-3400 Fax 847-697-6753 Fax 217-546-8116 e: February 26, 2009 TO: Mayor and Members of the City Council r_ T Y 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 GROUPWINTERESTED 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. LEGALIMPACT 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 City of E I gin 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.