HomeMy WebLinkAbout26-48 Resolution No. 26-48
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH UPLAND
DESIGN LTD. FOR SUPPLEMENTAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE RENOVATION OF WING PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City
of Elgin with Upland Design, Ltd., for supplemental professional services in connection with the
renovation of Wing Park, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 25, 2026
Adopted: March 25, 2026
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 1
This Amendment Agreement No. 1 is made and entered into this 25th day of
March , 2026, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as the "CITY"), and Upland Design, Ltd., an Illinois corporation
(hereinafter referred to as"LANDSCAPE ARCHITECT").
WHEREAS,the CITY and the LANDSCAPE ARCHITECT have previously entered into
an Agreement, dated March 12, 2025 (hereinafter referred to as "Original Agreement"), wherein
the CITY engaged the LANDSCAPE ARCHITECT to furnish certain professional services in
connection with the renovation of Wing Park(hereinafter referred to as the"PROJECT");and
WHEREAS,upon further analysis of the PROJECT it was determined that the scope of the
PROJECT should be expanded to include the construction of additional playground renovations
and other amenities(hereinafter referred to as the "Additional Work"); and
WHEREAS, the CITY has further determined that the LANDSCAPE ARCHITECT's
original Scope of Services should be modified to include additional professional engineering
services, including site engineering, permitting,bid assistance, and construction management, for
the Additional Work as described herein; and
WHEREAS,the additional services to be provided by the LANDSCAPE ARCHITECT are
set forth in the Additional Scope of Services for Amendment Agreement No. 1,consisting of nine
(9)pages,attached hereto as Attachment A-1 and incorporated herein by this reference(hereinafter
referred to as"Additional Scope of Services"); and
WHEREAS,the amended project schedule for the PROJECT and the Additional Scope of
Services is set forth in the Amended Project Schedule,consisting of one(1)page,attached hereto
as Attachment B-1 and incorporated herein by this reference(hereinafter referred to as"Amended
Project Schedule"); and
WHEREAS, the total fees to be paid to the LANDSCAPE ARCHITECT pursuant to the
Original Agreement were in a lump sum amount of$355,740; and
WHEREAS,on June 11,2025,the parties agreed to a change order that increased the total
fees to be paid to the LANDSCAPE ARCHITECT by $29,850, and further agreed to additional
topographic and hydrographic survey services that increased the total fees to be paid to the
LANDSCAPE ARCHITECT by $2,600, such that the total fees to be paid to the LANDSCAPE
ARCHITECT under the Original Agreement is$388,190; and
WHEREAS, the parties have determined and agree that the total payment for the
Additional Scope of Services described in this Amendment Agreement No. 1 shall be in the lump
sum amount of$672,584;and
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WHEREAS, the parties hereto have determined and agree that the total fees to be paid to
the LANDSCAPE ARCHITECT pursuant to the Original Agreement and this Amendment
Agreement No. I shall be in a total amount of$1,060,774; and
WHEREAS,the changes contemplated by this Amendment Agreement No.1 are germane
to the Original Agreement as signed, and this Amendment Agreement No. 1 is in the best interest
of the City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings provided for
herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this Amendment Agreement
No. 1 as if fully recited herein.
2. That paragraph 1 of the Original Agreement is hereby amended by adding a new
subparagraph D thereto,to read as follows:
"D. The LANDSCAPE ARCHICTECT shall provide additional professional
engineering services for the Additional Work to be included in the PROJECT as set
forth in the Additional Scope of Services pursuant to Amendment Agreement
No. 1, including but not limited to site engineering, permitting,bid assistance,and
construction management services. Such Additional Scope of Services to be
performed by the LANDSCAPE ARCHITECT pursuant to Amendment Agreement
No. 1 are outlined and described in Attachment A-1, attached to Amendment
Agreement No. 1 and incorporated into this Agreement by this reference."
3. That paragraph 2 of the Original Agreement is hereby amended by revising subparagraph A
thereto,to read as follows:
"A. An outline project milestone schedule and project schedule for the PROJECT, as
amended by Amendment Agreement No. 1, is attached to Amendment Agreement
No. 1 as Attachment B-1, and incorporated herein and made a part hereof by this
reference. Progress will be recorded on the project schedule and submitted monthly
as a component of the Status Report described in subparagraph 2.B below."
4. That paragraph 4 of the Original Agreement is hereby amended by revising subparagraph A
and payment schedule thereto,to read as follows:
"A. The City shall reimburse the LANDSCAPE ARCHITECT for services under this
Agreement a lump sum of One Million Sixty Thousand Seven Hundred Seventy-
Four Dollars and No Cents ($1,060,774.00), regardless of the actual costs
incurred by the LANDSCAPE ARCHITECT unless substantial modifications to
the scope of the work are authorized in writing by the PLANNER, and approved
by way of written amendment to this Agreement executed by the parties. Of this
total amount,the amount of Six Hundred Seventy-Two Thousand Five Hundred
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Eighty-Four Dollars and No Cents ($672,584.00) reflect payment for the
Additional Scope of Services described in Amendment Agreement No. 1."
5. That paragraph 4 of the Original Agreement is hereby amended by revising the payment
schedule set forth in subparagraph D, to read as follows:
DATE PROJECT COMPONENT FEE
2025—2026 Soil Boings and Survey Work $39,200
2025—2026 Design Development $117,919
Construction Documents and
2026—2027 Permitting $673,444
2026—2027 Bidding $13,828
2026—2027 Construction Administration $130,383
6. That except as expressly amended in this Amendment Agreement No. 1, the Original
Agreement shall remain in full force and effect.
7. That in the event of any conflict between the terms of this Amendment Agreement No. I,
and the Original Agreement, the terms of this Amendment Agreement No. I shall
supersede and control.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Amendment Agreement No. 1 as of the date and year first written above.
FORT ITY: FOR THE LANDSCAPE ARCHITECT:
By: i(-71/ By: C
CityManager Name/P tnt: MichelleA Kelly
g YY�
Title: President
Attes .
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C t Clerk
Legal Dept\Agreement\Upland Design-Amend Agr Nol-Wing Park Renovation-3-17-26 docx
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ATTACHMENT A-1
ADDITIONAL SCOPE OF SERVICES
FOR AMENDMENT AGREEMENT NO. 1
Project Background: The City of Elgin has decided to expand the current OSLAD development
project to include additional improvements within the park. The following list shows a
comprehensive list of what was originally included and what new amenities are to be added to the
scope. Most of the work will be completed in 2026 while the restroom building, baseball
improvements and bridge are to take place in 2027. This will spread the cost of the project across
two fiscal years. Upland proposes to design and permit all scope noted below together with the
exception of the bridge and boardwalk improvements which may be permitted and bid separately,
depending on permit requirements,and will be reviewed with the City during design.
Original Scope Items:
• Playground Renovation
• Sensory Encounter Play Area
• Improvement to Band Shell seating and access
• New Bank Shot
• Pickleball Courts
• Sports Court Plaza
• Nature Trail to Council Ring
• Landscape Enhancements
• 20 on-street parking spaces
• Baseball improvements
• Interpretive Signage
New Scope Items:
• Expanded Playground including GFRC Cove
• Misting Splash Pad
• Additional Path north of Band Shell
• Restroom Building
• New drinking fountains
• Bridge and trail connection to Abbott Drive
• Maintenance Drive Improvements
• New Parking Lot near tennis courts
• Security Camera infrastructure
• Additional pathways
Project Scope: Upland Design Ltd. team includes Engineering Resources Associates(ERA) for
civil and structural engineering,architectural assistance from FGMA,architects,additional land
surveying from JLH Land Surveyors,and ID Sculpture for the custom GFRC rock wall. We
propose to assist the City with the development of construction documents, permitting, bidding
and construction administration of Wing Park's 12.8 million renovation. A new schedule will
be reviewed with the City,but will generally follow design,permitting and groundbreaking in
2026 with construction to complete by the end of 2027. The project is to be implemented
through public bidding and construction by a contractor.
Base Information: A topographic survey was completed by JLH Land Surveying in 2024 with
additional survey previously completed for Baseball Plaza Improvements(AWA #1),and for
the new boardwalk(AWA#2). To complete the remaining site improvements,JLH will add
topographic survey in the following areas:
• Northern property corner from Tyler Creek to Abbott Drive.
• Hydrographic (under water)Survey of Tyler Creek at proposed bridge location as noted
below:
o Floodplain stream cross sections will be taken upstream and downstream of the
proposed bridge structure at intervals of 50',250', 500' and 1,000'.
o Existing maintenance bridge to be surveyed.
o Critical low opening of adjoining drainage structures within the project limits
will be located with elevations.
o Streambed profile will be surveyed at 100' intervals up to 1,000' downstream of
structure.
o Normal water surface elevations will be surveyed throughout survey area.
• Proposed Parking lot additional survey adjacent to maintenance facility.
• South pathway connection from current picnic area location to new clubhouse.
This data will be added to the existing survey for a complete base to be used for the design
development and construction documents.
Wetland Delineation: A wetland delineation was completed in 2025 for the proposed trail along
the Tyler Creek. Additional areas will be delineated for the proposed boardwalk site, bridge area
and north of the bridge near Abbott Drive. This work is proposed for the spring of 2026.
Soil Borings: Additional soil borings are also proposed including two borings at the proposed
bridge abutment locations, one boring at the proposed parking lot location and one at the
proposed south trail connection area.
Water Pressure Testing: Existing water utility review with water pressure test is also
recommended and will be completed for the design of water related elements including the
restroom, splash pad and drinking fountain connections.
Design Development Plans and Review Meetings
During the design development of the original OSLAD scope, master planning was also
completed for the proposed scope expansion. To move the project forward as one project,the
design team will update the OSLAD scope based on the new project budget and prepare design
development plans based on the approved expanded Master Plan updates. The design
development plans will include a detailed layout of amenities, detailed color selection,
material/finish selection and an updated cost estimate.
• Parking: The Design Team will prepare two parking area design options to be
considered with cost estimates. Options will be presented to staff and a final design
option selected.
• Restroom Building: FGMA, architect, will prepare new restroom options with finishes.
With feedback from staff, the designs will be updated.
• Boardwalk Design: detailed deck material options along with a layout will be prepared
along with costs.
• Pedestrian Bridge& North Pathway Design: These will include two potential design
options for the location. Each option will be designed to meet the goals and objectives of
the City. Cost opinions for both options will be presented to Elgin. Multiple design
options from a pre-manufactured bridge company will be presented.
• Playground and Splash Pad:The expanded playground and splash pad designs will be
finalized during design development.
• ID Sculpture will prepare schematic design for the GFRC cove and the City will give
feedback.
A meeting will be held with the City team to review plans,the updated costs and color
renderings. The color renderings will include human perspective views and bird's eye views.
Renderings will be updated for 2-3 iterations as well as finalized renderings upon completion of
the Design Development process. Due to the size and number of elements, Upland proposes
splitting design development review across three meetings. Two will be in process meetings,and
based on the staff feedback, Upland Design will prepare a final design development plan,cost
and final renderings.A final design development meeting will be held with the City team to
review plans, renderings, and the updated costs. Any final comments from the meeting will be
incorporated into the plan. (3 meetings: 2 virtual meetings/ 1 in-person meeting)
Site Visits: As part of the design development phase, Upland Design proposes to walk the
proposed paths for new trail connections, bridge and boardwalk layout with staff and identify
key tree species to protect.(up to 2 visits)
Construction Plans.Specifications and 13id Proposal
Based on the approved design development plans,the Upland Design team will prepare a set of
construction plans, specifications and bid proposal form for public bidding for the original and
additional scope items,as one package. The bridge and boardwalk may be in a separate and
second package depending on the permitting timeline. In addition to the standard construction
documents outlined in the original scope, the additional plans will address the following:
• IDS Stamped engineering documents for the GFRC Wall.
• Architectural plans for restroom building including mechanical,electrical and structural
design.
• ERA Stamped engineering documents for the retaining walls at: playground entry ramp
walls, support walls for GFRC cove,retaining walls at the new parking lot, and
boardwalk.
• Pedestrian Bridge:
o Based on the approved design and layout, structure plans for the abutments
under the supervision of an Illinois Licensed Structural Engineer,and will
consist of the following drawings:
• Abutment Plan& Details
• Bridge structural drawings shall be purchased by owner and provided by
the bridge supplier.
• The specifications and special provisions will be developed and included
in the submittals and follow the IDOT guidelines and standard
specifications for construction projects.
• Stormwater Calculations: It is anticipated that this will include documentation of BMP
calculations, storm sewer calculations, floodplain and floodway fill and compensatory
storage calculations, summary narrative of existing conditions, summary of proposed
conditions,floodplain maps.NOT INCLUDED: it is assumed that floodway filling will
be minor and that hydraulic and hydrologic modeling will not be required for any area
other than the bridge. It is assumed that detention basin design, modifications to or the
confirmation of adequate storage volume is not included.
• Stormwater Modeling and Calculations:Corrective Effective Hydraulic Model—ERA
will convert the regulatory effective model from a paper copy in HEC-2 format to an
electronic HEC-2 version and then convert the HEC-2 model to a modern HEC-RAS
model.
o Existing Conditions Hydraulic Model: For this model,ERA will augment the
corrected effective model in HEC-RAS with the following items:
• Cross Sections data from ERA topographic measurements.
• Discharges from the FIS for the 10-, 50-, 100-,and 500-year recurrence
intervals.
• Modifications to the FIS manning's"n"values for the project site using
supportive photographic evidence.
• NOT INCLUDED: Floodway modeling is not anticipated nor is it
included in this scope of work.
o Proposed Conditions Hydraulic Model: ERA will revise the existing conditions
cross-sections to mimic the proposed work to verify that the improvements do
not impact the regulatory floodplain.No floodway modeling is anticipated.
o Compensatory Storage Calculations: ERA will evaluate the cut and fill volumes
for the proposed improvements using the regulatory 10-and 100-year flood
elevations. The overall project site is required to provide compensatory storage
equal to at least 1.5 times the volume of flood plain fill. The storage shall be
provided incrementally between the 0-to 10-year and the 10-to 100-year flood
recurrence intervals at a minimum ration of 1:1 cut to fill. ERA will provide
preliminary compensatory storage calculations in tabular form with scaled cross
sections.
Specifications: The specifications will cover each area of construction. OSLAD requirements
\\ill be incorporated into the bidding and construction documents per the IDNR agreement.
Comments form the meetings will be incorporated into the documents. 100%drawings shall be
submitted for final review,and any outstanding items shall be reviewed with staff prior to
permitting.
Review Meetings: Upland Design will meet with the City virtually every other week during the
development of construction documents. An updated estimate of construction costs will be
updated for milestones at 50%, 75%, 95%,and 100%construction document completion. The
City will give feedback. One of the meetings is suggested to be a pre-permit discussion with City
staff. (Estimate of up to nine meetings during this phase including bi-weekly check-in meetings)
Permits: Submittals will be prepared for the following permits listed below. The upland team
w ill he available for a pre-submittal meeting with permitting agencies if required. (1 meeting)
• City of Elgin Building Permit: Upland Design Team will submit plans and calculations
to City of Elgin for review.This permit was anticipated in base scope,and the fee here
includes work for the expanded scope.
• IDNR—OWR Floodway Permit: A portion of the project may be within the mapped
floodway. We will prepare and submit the floodway permit to IDNR-OWR.This task
includes responding to IDNR-OWR comments and one resubmittal. This permit
assumes that hydraulic modeling will not be required for any area other than the
proposed bridge location and is not included in the scope of services. The area along
Tyler Creek path was included in the base scope,additional permitting and a separate
application is anticipated for the Bridge and Boardwalk.
• IEPA NOI: This permit was included in the base bid and no additional work for added
scope is expected.
• Stormwater Summary Report: ERA will prepare a final report for permitting purposes
that will contain a summary of the design calculations,the hydraulic model results,and
compliance with required permits such as compensatory storage requirements.The final
report will be used to obtain floodway, stormwater management and building permits.
This report will be in the format of the Kane County stormwater tabular submittal.
• Section 404: Prepare and submit the joint application. It is assumed that the project will
be permitted as a Nationwide Permit(NWP)#14-Linear Transportation Projects)
andNWP#33 (Temporary Construction,Access,and Dewatering). It is assumed that the
wetland impact and WOTUS impacts will be less than 0.10 acre and 0.03 acre,
respectively, and mitigation will not be required as the mitigation threshold has not been
reached. Wetland mitigation design or banking assistance is not included. This task
includes responding to USACE comments and one resubmittal.
• IDNR-Office of Water Resources I Floodway Construction Permit: Complete and
submit a floodway construction permit for the IDNR-OWR that is compliant with Part
3708:Floodway Construction in Northeastern Illinois. This task includes responding to
IDNR-OWR comments and one resubmittal.
• Kane DuPage County Soil Water and Conservation District(SWCD)Review: Prepare
the necessary submittals required for SWCD's soil erosion and sediment control review
and approval. This task includes responding to IDNR-OWR comments and one
resubmittal.
• Not Included: FEMA: Approval from FEMA is not anticipated to be required.
ACLOMR/LOMR is not included in the scope of services but can be provided as an
additional service if required.
Comments from the permits will be incorporated into the bidding documents. Meetings and
revisions with permitting bodies will be completed as required for permitting and for
resubmittals as listed above.
Bidding
Bidding services will be provided as described in the initial scope. Due to expanded scope,
additional questions and coordination is expected and included herein.
Construction Administration
In addition to the work below, Upland included 20 site visits with the initial scope.An additional
32 site visits are anticipated between 2026—2027.
• Review and assist with contractor field orders, change orders and clarifications.
• Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior
to sending to the City.
• At project completion,a walk through with City staff to develop a punch list will be
completed.
• One Review and comment on contractor provided closeout documents including
warranties,manuals,and as-built drawings.
• Assistance with permit closeout will be provided.
• Certified Payroll will not be reviewed or retained by Upland Design.
The Firm and its subconsultants shall have the authority to act on behalf of the Owner only to the
extent provided in this scope.The Firm shall not have control over,charge of,or responsibility
for construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction work, nor shall the Firm be responsible for the
Contractor's failure to perform the construction work in accordance with the requirements of the
Contract Documents.
Professional Fee Summary
For the work described herein the following lump sum fee for the professional fees and the two
items shown as reimbursable. In addition, standard reimbursable items will be charged above the
lump sum fees.
Topographic& Hydrographic Survey 17,400
Design Development 71,369
Construction Documents 310,180
Permitting 79,384
Bidding 11,628
Construction Administration 96,623
Total Professional Fee 586,584
Soil Boring Reimbursable Allowance* 10,000
Water Pressure Tests Allowance* 1,000
Sub Total 597,584
Allowance** 75,000
Grand Total $ 672,584
* These items will be billed at their direct cost.
** Allowance shall be for color renderings and any additional design work requested by the City
of Elgin.
Reimbursable Costs: Reimbursable items will include plotting and printing drawings at the
direct cost to Upland Design Ltd and mileage and toll reimbursement at the current IRS
reimbursement rate. Permit fees will be paid by the City of Elgin.
Additional Site Visits can be requested for a lump sum cost of$1385 per visit(including site
visit report).
Scope of services set forth in pages 1-7 are included. Excluded services include but are not
limited to the following:wetland mitigation, archeological services,environmental testing,
subsurface conditions and material testing, boundary survey, construction layout;construction
scheduling;construction work;work-site safety, labor negotiations,permit fees or court
appearances as part of these services.
Hazardous Materials: The scope of the Firm's services does not include any responsibility for
detection,remediation,accidental release,or services relating to waste,oil,asbestos, lead,or
other hazardous materials,as defined by Federal, State,and local laws or regulations.
ATTACHMENT B-1
AMENDED PROJECT SCHEDULE
Description Start Date Estimated Completion Date
Topographic Survey February 2026 April 2026
Design Development February 2026 March 2026
Construction Documents March 2026 June 2026
&Permitting
Bidding July 2026 July 2026
Construction September 2026 November 2027