(A) Use of subchapter limited. This subchapter applies exclusively to subdivisions and developments under the jurisdiction of the city. It is not intended that the subchapter be used for any other purposes.
(1978 Code, § 16.32.010)
(B) Introduction and general requirements.
(1) The minimum design standards (standards) set forth in this subchapter shall apply to all required improvements for subdivision and land development projects within the jurisdiction set forth in the city’s (municipality) subdivision and land development control ordinance (this chapter).
(2) These standards identify minimum criteria for design and construction of improvements required by this subchapter. Design documents (drawings, specifications, exhibits, and the like) shall reflect compliance with these standards. It is intended that good engineering practice and construction procedures be applied to all projects designed and constructed for required improvements under jurisdiction this subchapter.
(3) Where reference is made to contractor and/or subcontractor, it shall mean the subdivider/developer if the subdivider/developer is providing construction services for required improvements.
(4) Elevations are to be shown for grading plans, street construction, storm drainage facilities, and sanitary sewer facilities. All elevations shall be based on USGS datum, and at least one benchmark shall be established at the site of the subdivision/development and shall be clearly identified on the improvement drawings.
(1978 Code, § 16.32.020)
(C) Certification of compliance.
(1) The subdivider’s engineer for development of required improvements shall issue to the municipality the following certification of compliance before the municipality will accept the final plat and issue building permits within the subdivision or development.
(2) The certification shall bear the original signature, date, and seal of the state registered professional engineer engaged to prepare the plans and specifications for required improvements by the sub divider/developer.
(1978 Code, § 16.32.030)
(D) Compliance with general conditions. Contractors and/or subcontractors engaged by the subdivider/developer for contracts involving development improvements required by this sub chapter shall be bound to comply with the Standard General Conditions of the Construction Contract prepared by Engineers Joint Contract Documents Committee, issued and published jointly by the National Society of Professional Engineers, Consulting Engineering Council, American Society of Civil Engineers, and Construction Specifications Institute, edition current at time of preliminary plat filing.
(1978 Code, § 16.32.040)
(E) Supplemental requirements; insurance. In addition to the requirements of the referenced in division (D) above, contractors and/or subcontractors engaged by the subdivider/developer for contracts involving development improvements required by this subchapter shall comply with the following minimum insurance requirements prior to commencement of any work.
(1) Compensation insurance. Worker’s compensation insurance for all of its employees employed at the site of the project. Coverage in accord with the Worker’s Compensation Act of the state, being 820 ILCS 305/1 et seq., shall be provided for all operations with the minimum employer’s liability limit of $500,000.
(2) Comprehensive general liability insurance.
(a) Premises and operations coverage insuring against claims and damages because of bodily injury and property damage in or about the project site and/or related, directly or indirectly, to the work, with a general aggregate limit of not less than $1,000,000, and each occurrence limit of not less than $1,000,000.
(b) The following special hazards shall be covered by the contractor and/or subcontractor, whose work involves these hazards, by rider or endorsement to the comprehensive general liability insurance policies hereinabove required (or by separate policies of insurance) in amounts as specified hereinabove:
1. Blasting, explosion, and collapse and underground hazard;
2. Damage to underground utilities;
3. Trucking and motor vehicle operations; and
4. Product; completed operations hazard.
(3) Comprehensive auto liability insurance. All owned, non-owned, and hired vehicles under control of the contractor or its subcontractors with the minimum limits of liability to be $500,000 each occurrence for property damage, or a combined single limit of not less than $1,000,000.
(4) Subdivider/developer, ccontractor and/or subcontractors, and municipality’s protective liability insurance.
(a) Subdividers/developers, contractors, and/or subcontractors shall obtain the municipality’s protective liability insurance to cover claim demands, suits, or judgments which the subdivider/developer, contractor, and/or subcontractors and municipality becomes obligated to pay as damage from bodily injury or property damage caused by or arising out of the operations performed under this project. This insurance shall include the municipality as a named insured.
(b) The limit of liability shall be not less than $1,000,000 each occurrence.
(5) Waiver of subrogation and release. With respect to all insurance as required to be maintained as set forth herein, the contractor and/or subcontractors release and waive on behalf of themselves and their respective insurers any and all rights of recovery against the municipality and their respective officials, directors, officers, employees, agents, and representatives for loss of or damage to contractor and/or subcontractors or any third party to the extent that such loss or damage is insured against any applicable insurance policy.
(6) Insured parties. All of the insurance policies required to be obtained by contractor and/or subcontractors set forth hereinabove (except worker’s compensation insurance), shall name the municipality as additional insured.
(7) Certificate of insurance.
(a) Prior to commencement of any work, the contractor and/or subcontractors shall deliver to the municipality, for its review, certificates of insurance from the insurer, evidencing that all of the above described insurance has been obtained by the contractor and/or subcontractors.
(b) All of such certificates of insurance shall:
1. Specify that the respective insurance policies shall not be canceled, modified, or amended without and until 30 days’ advance written notice is issued to the municipality;
2. Contain a specific acknowledgment of specified requirements for this project and the contractual liability indemnification obligations of the insurers herein;
3. Evidence the additional insureds of the respective policies; and
4. Evidence the coverage amounts, deductibles, and limits of each policy. The certificate shall state the type of insuring agreement, whether occurrence or claims made.
(8) Indemnity agreement.
(a) The contractor and/or subcontractors agree that it will save and hold harmless the municipality from any and all claims that may arise on the part of any of said contractor’s and/or subcontractor’s employees, agents, or servants, by reason of injury, death, or any claim while in pursuit of the contractor’s and/or subcontractor’s obligations under this project, and that all employees, agents, or servants of the contractor and/or subcontractor shall in no way be construed to be employees of the municipality.
(b) The contractor and/or subcontractor shall furnish public liability insurance in the principal sum of not less than $1,000,000, with insurance carrier thereon satisfactory to the municipality indemnifying and saving harmless the municipality from any and all personal injury claims arising thereunder by reason of the performance of the contractor and/or subcontractor of its obligations under this project.
(1978 Code, § 16.32.050)
(F) Supplemental requirements; safety and health regulations.
(1) Safety and Health Regulations for Construction, and subsequent amendments thereto, as established by the Department of Labor are incorporated in this subchapter as if fully set forth herein, and shall govern all work performed. The regulations are comprised of 29 C.F.R. Ch. 17 part 1926, as amended.
(2) (a) The contractor and/or subcontractor shall be responsible for running safe operations and for all safety procedures. Supervision and control of work and safety procedures shall be under the direct and sole responsibility of the contractor and/or subcontractor, including such procedures for their employees.
(b) Neither the municipality nor its agents, servants, employees, or officials shall be construed as having authority or responsibility to supervise or direct the working and safety procedures of the contractor’s and/or subcontractor’s or their employees.
(c) The presence of the municipality’s agents, servants, employees, or officials at the project site shall not imply their cognizance or acceptance of safety practices and procedures of the contractor and/or subcontractors.
(1978 Code, § 16.32.060)
(G) Supplemental requirements; water for testing. Water for testing water mains and sanitary sewers may be obtained from the municipality’s system. The contractor and/or subcontractor shall pay for water used for testing in accord with the municipality’s water rate for such purposes.
(1978 Code, § 16.32.070)
(Ord. 96-12, passed - -1996)