07-269 Resolution No. 07-269
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT
WITH HEY AND ASSOCIATES, INC.
(Elgin Regional Park Improvements)
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 Hey and Associates,Inc. on behalf of the City of Elgin for
the Elgin Regional Park improvements,a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 14, 2007
Adopted: November 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is made and entered into this 30th day
of October, 2007, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as "CITY" ) and
HEY AND ASSOCIATES, INC. , an Illinois corporation (hereinafter
referred to as "ENGINEER" ) .
WHEREAS, the parties hereto have previously entered into an
agreement dated July 24, 2006, for the ENGINEER to furnish
certain professional services in connection with the Elgin
Regional Park, attached hereto as Attachment A (hereinafter
referred to as "Original Agreement") ; and,
WHEREAS, the parties hereto have each determined it to be in
their best interests to amend the Original Agreement to provide
for additional services by the ENGINEER, specifically, the
preparation of a revised concept plan, Best Management Practice
(BMP) fact sheets, a monitoring program, and preliminary site
plan, coordination with outside partners, and project
administration.
WHEREAS, the circumstances necessitating the change in
performance contemplated by this amendment were not reasonably
foreseeable at the time the Original Agreement was signed; the
changes contemplated by this Amendment Agreement are germane to
the Original Agreement as signed; and this Amendment Agreement
is in the best interests of the City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of
which are hereby mutually acknowledged, the parties hereto agree
as follows :
1 . Paragraph I of the Original Agreement entitled "SCOPE OF
SERVICES" is herby amended by adding subparagraph I (C) to
provide as follows :
"A detailed Scope of Services for services to be
provided pursuant to the First Amendment Agreement to
this Original Agreement is attached hereto as
Attachment C. "
2 . The Scope of Services for the services to be provided
pursuant to this Amendment Agreement, a copy of which is
attached hereto as Attachment B, shall be attached and
incorporated into the Original Agreement as Attachment C.
3. Paragraph IV of the Original Agreement is hereby amended by
adding a subparagraph A-1 to provide as follows :
"A-l. For the services provided by the ENGINEER as described
in Attachment C the CITY shall reimburse the ENGINEER
for such services with a total fee not to exceed
$80, 000 regardless of the actual time expended or
actual costs incurred by the ENGINEER unless
substantial modifications to the scope of work to be
performed in Attachment C are authorized in writing by
the CITY. A summary of the fee calculation for
services to be performed is attached hereto as
Attachment C. "
4 . In the event of any conflict between the terms of this
First Amendment Agreement and the terms of the Original
Agreement, the terms of this First Amendment Agreement
shall control .
5 . -That except as amended by this First Amendment Agreement
the terms of the Original Agreement between the ENGINEER
and the CITY shall remain in full force and effect .
6 . The changes provided in this First Amendment Agreement are
germane to the Original Agreement as signed and this First
Amendment Agreement is in the best interests of the City of
Elgin and authorized by law.
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this First Amendment Agreement on the date and year
first written above.
CITY OF ELGIN HEY AND SOCIATES, INC.
By
Ed Schock
Mayor President
Attest: Attest :
By C
City Clerk Secretary
H:\Myfiles\MyFiles\Riverfront\Comp Storage North\Comp Storage Amendment Agr.doc
2
Attachment A
PROE t r
06 ,,
PROFESSIONAL SERVICES AGREEMENT
I-IIIS Atal2UMENT, nt.rde and entered into tlrr+Z4T� ,y of _ _„3 41._x_ , 2006, by
and Ia tvven the CITY OF ELGIN, an Illinois municipal corporation (hereinafter .referfed to as, '!Cff ")
anti Hey and Associates.In-c-anVIllinoi--;Corporation(hereinafter refused to as 'L.rttinee ').
" 11 mi
it`EIF..IRI 3s, the C[I ' desires to to age the Fn ineer to fttrn£slt certain professional services ill
relatian to engine ring and survey work- squired for the development of the Elgin Re-ional. Carl:
(hereinafter re fern d to as the"PROJECT"'i:and
WIILItIAS. the Enginvcr represc:nta that he is it, cortapliance ,with Illinois Statutes relating, to
prof.SSiQual reaistaatian of individuals and has the necessary expertise and cxperie ce to fitrttislt sttcIt
servic:v.; up en ti terrtas and con_ditiors set lbrth herdic I?elo3tc.
' )%V. Till,_RET.OR1 . li)r and .i. consid,,r,ation u&the nrr_itttal projnisa., and 'i .�rtJtttti ct.tat�in I
herein, tile "L iciency or-which k hcn-by nra uta;Iv (-krac4ttted= d. the C'iTY and the: l7N(.3I..NE R :,eree
that€s`te CI I'Y hcrcby retat:t_,th,! 1:1,iCiiNl;FR to>aci l+!,r.arid rc'q resont tlac CITY n the ri tars
involved in the,I' crrewt as forth heroin.suhi.ct tc tktt .Alo u;zr teri:rs.crrn €ticrns and stil Eai tE:«n
1. SCOPE OF SF:RVICI.-S
A. All ..ork hcreundcr shall b, perii�ry d°.n&t the dire• twn of tl;e Ditc.:tr,r€}i i'..rhs and
12rc to:atikill oaf ti e CITY,,her in altar rc_ Heel to as it>r`DIRE('I OR.
it. PRO?CRI'SS RE'POR"I°s
A. Proiect Mdc ion.,,hct3ttics:
I. E'l€,,sc 1 ?)atu C3.r:'tt rirtL; cc;nipit ttcl i,, �c}tiertrl z i i.'ir(frr.
It Cori ept I'l;si .alta-tirn: o,n.plewd by March 30 't',.i3''
1. Phase III—Perni.tting,a d Plit inn g.- sillbstaittial covnlpletion ry t.>etoI-)Crl.007
B. I'rc sic4 *.-iii hti recorded 011 tlat pro --:.:h Jule tan('5:t1}tttinc3 an rtl I�<<;4 ct ntp,r.et=t )f
the Repoli described in Paragraph C below-
C. The EngineLr-will suhntit to tilt_ )it...°;n'r^tcmtl:l. a Status Report Ice;od tr:,sit I'pz,'.a
Jwdule- ?1bricfraaTativctNillh. �:,rrid-didentiti-mstpro1rress, tattlttw ar,d �ut:;t._arcline
isst;;ts.
WORK PRODUCTS
All vvork products prepared by the Enginerr pursuant hereto including.. but not limited io, repolL,
designs,eal--,IWations. jvtirk drauings. studies,photographs.models and recontnTendaticnns 41tall he
the propetly of die CITY and shall be delivered to the CITY upon request, ref the DtR1 C'"I`OR
provided, home+ - that th4 Engineer niay jewin copies of 4u.:h work Itruduct; for its records.
Such tvoik products are not intended or represented to he suitable t6r reuse by the CITY on any
extension to the PROJECT or on any other project, and t uuh reuse shall he at the ,;ole riSlk:of the!
CIT) without liability or legal exposure to the Enginti-en
IV. PAYMENTS TO TILE ENGINEER(No-to-Excccd Mctholb
A. For services proi,ided the ENGINEER shall be reinibursed at the hourlybilhng rate of
personnel employed cin this PROJECT as indic:ited i-ri the Stan.dard'lmns;and Conditioms
im:luded in Attachment B,with the total fee not to Qxc-,ed S-120.024.00
actual C0qS iHCUrred by the FNIGINEFIZ mfle.,4 niodifi;:Ution�to tho sk�-I)e of the
vvork are authorized in vn-ifing by the CITY'
B. For uutside services provided by gather finw,kirtub znsultants. the CITY shall play the
ENGINEER the invoiced ii e to the ENGIMILR. Any such l es arc in i1x,abovc-
r,4erenced maximum paynient amount(if S426.028.00.
C. The Nct-o-Exc&-d fee of S426,028.00 includes all re mini 'satilc exl,.ensosas-de-w'.cd in Ille
Part B Fee Proposals included in Auachrntrit R,
D. The CITY shall tuake periodic pay-nmits to the FN6INFFR based is i-lcm actud pro
rc's
-vithin 301tyafter reeve ipt and approval ofinvoice, Said pejiodI.'c yniont s t o t -
'INFER shall n,it exceed tile arriounts shov,11 !11 the Part 14 1, Propo.sai, In':1L.C.Cc ul
ENG
Atuichnient B.and full Viyments for each task shall not be rad�. iinfil the iaik is nmnpleicd
and accepted by the DIRECTOR-
V. INVOICES
The Lnuinecrshall subinit olvoWes it)it form at app.-,Ov!d by tic CITY,
Progress reliorts for the project will be included with 1,111 paynici:i rcQ;icsts,
B. The En Line�:r Aiall maintain records showi rig act;lal tinie JL-k kited and cosis ini.t i d, the
Ent-,jaleer shall permit the authorized ropresentatiN zc,oflle Cl TA"to in§pecr mid anidir idl cata
a-)d reccuds of the Lnginecr for work done under this AgrLenictit. The
Zsc recordstv'ailable at reasonable times Burin„-he AgYeement-0erioJ and Eir a voj �,j,!Jff
tcrinination Ott this Agreement.
11. TERAII-INATION OF AGREEMENT
\otwithstanding any ocher provision herecit''the(J'J'N' ij,.iy terminate tl-iis Ajgeenmit at ativ titne
upon fifteen(1 5)days prior written notice to the Fn6lieer. In th",k�vel',t 11'al this "k,7
C, - L, Ceinellt IS set
teninnated.the Frigineersliall be paid for services actually porformed and reinibursable Cx!w-tises
actually incurred prior to termination,except that reimburse them sha 11 not the task amotmts
set fo
.rth under Article V above,
11L TERM
I'li is A greenient shall become effiectiv e as of the date the Fit g i mvr is-,i%cv a no tic c o proceed
and,unless terminated for Cruse or pursuant to Artie ic VI 1,shall be deemed concluded on the date
the CITY detennines that all of the Engineer's work under this attreement is completed. A
detertnination of completion shall not constitute a waiver of any ri-lits or claims. which the CITY
may have or thereafter acquire with respect to any term or provision of the Agreement. The term
of the Agreement is three(3)years form die date of the City"s transmission of the al'orementioned
ricitice to proceed,conditioned upon satisfactory pertbr-mance by the Engineer and appropriation of
fund by the City Council. If no funds=appropriated for a year of the contract.semces will not
be provided for that year and the remainder of the Agr"ment shall remain in full force and effect,
If the Li,.,-ineer tivishes to make a claim f0l'addifiC.11.13 compensation as a result of action taken by
the(11 Y.the I.-mgincer shall give%witten notice of leis claini within 15 days after occurrence of
sttch acuon. No claim for additional compensation shall be valid unless so inade. Any changes in
the L11"Zincer's fire shall he valid only to the extent that such changes are included in v.-riting,signed
by the CITY mid the Flwineer. Reeardle-st;of the decision of the.DIRECTOR relative to a chiini
�ubrnittcd fly the FivAineer.all•.wlrk required tinder this Agreement as determined by'the
DIRI'CTOIZ ,hall pFxeed\VithOUt IlAel-I'LlptiOn.
Ix, BREACH OF CONTRACT
It either party violates or broache,,i ary term of this A 9 reement,such violation or broach ,,,hall be
deenwd its constitute a default.and the other party has the right to seek such administrative,
contracival or legal remedies as may be suitable to the violation or breach;and,in addition,if
o;ther party,by reason of any default, fail-,Nvithin fifteen(15)day-,after notice thereof by the other
Part\,to comilly W!11- (Ile conditions of the Agreement,the other party may terminate this
X. I NDF Nl N I FI CATION
To the fidlest oxterit[)ernEitted bv Engineer aureL-s to and shall indcmnil�,.,defend and hold
harmless 6-ie CITY,its officers,employ=ees.aLxnts-boards and commissions from and tale any
and,all claims, s
judgincilts costs.attoraWs fees.janiaque--:o,-, office relief 1n6oidin"bill not
HT111Cj to V,'Orkers' clauns, in any tkax,resulting_`, from or ari+.m,,out ofneglilvent
a,:tIOIIS Or 0111`'SikMS Oftilt Higineer i"I connection here-,vith, including nc-i-ence or i.,1 -1 cml si ions of
enlpkwecs or agetus of"the Fil,uncei-arising out of the perllorniauce of this Agreement. In the
e:Vcntofanv action a_aalsr file CITY, ilsirlcers,cinfflo s,au(:i,-s, awards or commissions,
covered by the to indeninify,defend-ind hold 11MILIOSS SLCI,,acuon shall be
-' �' tided by cof tnscl tenth.CITY's choosing.]he provisions oCthis parqrrapb shall survive
of this agreement,
I NO PERSONAL LIABILITY
No offwlai.dii-ecLur.officer.astern,-or cuiplovee of the CITY shall be idiarged personally or field
c01M,L1L-1j% liable under any term or provision of this Agreeinent or b6z�caose of their execution,
or zWonipted execution ofl-his At, enient,
NIL I N'S L RAN CE
1. CO Jill)reheii si*e Liability. flit Lnginccr shall provide.pay for and"1 maintain in etTc,:L,during
- jt
[lie lorn!of On s Agreeme"It,a policy of comprehensive general liability insurance with limits
A;11 lc ast $2.000.000 agsrcuate kir bodily iniatry aid S2.000,000 aLj!ie&,ate for property
dania"'e,
The En-ineer shall deliver to the DIRECTOR a Certification of Insurance namin 9 die CITY
as additional insured. The piolicy shall not he modified or terminated iN4thout th]irty(30)days-
prior,-kTilten notice to the DIRECTOR-
'ne Certificate of Insurance, whicli shall include Contractual obligation assumed by the
Fng,ineer tinder Article X entitled"Indemnification" shall be provided.
This insurance shall apply as priniary insurance with respect to any other insurance or self-
insurance program--,afforded to the CITY- There shall be ito endorsement or modification of
this insurance to make it excess over other available insurance,alternatively,if the insurance
state,,-,that it is excess or promte,it%bull be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability, Liability In>urartqC
cmemg Ml owned nommmeN and hired motorvehicles iN�rh I!rnits cf not 3css than
S500,00(1 ri
, per ocr-urrence for darnage to propc y
Ch Combined Single Will Pulky. The MSUrancx co%-cra,,,c tc:-Jie-Relleral
liability and auto exposures nmy be nmuth a cumbuwa singlc limit 4$2,000,000 per
Occurrence suj);evt to a$2jX1(),000 apgregate.
0. Professional Liability. The F'njnCler Shall CWT'y
Co,tring claims resulting from erilor,onti"wrin tier negligent acts"Ah a 2orribmed ingle
hmh of nm Ins than S2,W),000 per occurrence.A Certificate oflw:urance 41311 lie
Ribmitted to die EURECTOR as e0detwe ol'.n.4urance prolectioa- The policy shall not be
modified or terminated without thirty(30)days prior written nmice.Ic the DIREC"I OR.
MR. ("ONSTRUCTION MEANS."NIETRODS.TECHNIQUES,SEOUCNCLS.PROCEDURES
AND SAFFTY
I'lie Engmccr shall not have control over`or ChargL,ot'and shal,-Int he r4, p i.elalc foz-4oastruction
means,rnethods,tecWques,seqtw:wes.or procc-Jures.Or bw saBy prunurims and prograns in
emmmien with dw constmahn,unQs,pccificatty Ldcmiftcd in thin Sc,;v�,(S�:I-%icew-
XIV. NQNDISCRIH!tj�.TIC)!t3
In all hiring or cniployrnctit rt!sulung In:n-,.Ins Ag:--t,,;m,-n1- bc no
di,,criruination again-A any employ"of-appliz-ant for 0:111)[w,111-ml rate,Color,
ureed nazional origin.marital status,of he prest:m�e
,crisory. menial or pin� wai nandicap.
unless based UPOIL S INJUH.Me OCCII,)atiomil qualifWaLiC-J-a.1d this rLq'airemem sh,ijlappty to,but
not be Itnuted to. [lie followulg en=)l?L"in:nt adventAng.kyoffor tonnWaGm.raws of1my or
other fornr�Of Lompfrisation and selection for tr.ininp. includ in--, app rent i Lesl,ip
No person shall be denied Or subjected to discri-mMon in receipt of So benefit of any net vVes or
activities made p-ossible by air resuiting from the,Agirerwrit 021(11C OfSm raCO3 c0lor,
creed,national origin,age except minimum age and retirement pFo%isions,marital status or the
presence of any sengary.metal or physical handicap, Any Vi0iiti.071 Of this 111-OVi41011--411,311 be
considered a violation of a material provision of this A�jeernerrl and shall be-nnlunds i'm
z:ancellatiort,terminatiom or suspension. in whWe or in,atria of be Agremnan by dw CITY,
Xv. ASSJ!Cy,NMENTAND SUiCCESSORS
This Agreement and each and every portion smof AM be binding upon the Luc,o-zsont and the
assigns of the parties hereto',provided.however,that m7t assi4;nnlerrt Audi be rnadi.,,withom tbe
prior"Titicu consent of the CI I'Y.
XV1. DELEGATIONS AND SUBCONTRACTO-RS
Any assignment.delegation or subcontracting shall he subjiecl to all tht Imns.conditions and
other provisions of,this Agreement and the Engineer shall rentain liable to die CITY4,vith respect
to eath and every itern,condition and other provision hereof to the same extent that the Eng
,inter
would have been obligated if it had done the uork itself and no ass ignment,delegation or
subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval
XVIL NO CO-PARTNERSHIP Oil A(;ENCV
I'Lis ag-renimitshall not he construedso as w cn��,ve a p,itinership.`nwt venture.e p,
. _ .1 111 1 )VI'lle-M or
other a-ency relationship Iv."veen the parties hervio,
XVIII. SEVERA1511,11 Y
The parties imend and agree fhat,if any paragraph,pub-paragraph.phrase,c tause or other`
provision of this Aurtenient,or any portion thcreof.shall be held to he void or oilitnAvise
unenforceable,all other portions of this Agrectnent shall remain in full fbrcc and efle-m
XIX. HEADINGS
fhe headings of the several paragraphs of thii At inserted only as a marm of
Teenient are I
corlvertien:e and for reference and in no way are they intended to define,]unit or desc:ibe the
scope tA interit of any provision of this Aigreement,nor shall they he construed to affect in any
mannet the to tins and provisions hereof or the interpretation or censti-ticticni thereof.
_X_X. MODIFICATION OR ANJENDNJFN�
I his A�reeuAeiit dUd its attachments constitutes the entire Agreement of the palate,oil the subject
Waller hereoll'and mjv riot be chari2ed.modified.dz-<h;JF'_'CLI 0FCXtClIdkNd(ACOJ I by viiiuen
mieudment duly executed by the parties. Each party agrecs that tit)representations or WarrafflticN
tih,allbeb;ndin upon.tic:othe.,party unless ex prcNsed an Hilt I, herci tit)r is a do IV c,\'e Cited
am,�.mimow herecif or order as herein provided.
XXI, APPLICABLE LAW
-]-]its A-reepleill,)aH, 1)e kjMt
rjj,,•d to, have l,em made`n,Led shall be_,onmrued :r,accorlance r,vith
the ,laws ofthe Slaw 0 Ven;,w i it the rw:_%olution of any-disputes or the:eniimvemejo of my
ri;?,ht.,;pursuant tO Ow,ag.reemem shfll be in the Circuit C OtIrt ot'Kane County,IMON'.11,
XXIL NFINS RFI,E.kSFS
Pic Lnoincer may not issue amy news releases witLow p6or apprcvtial froin the DIRECTOR.nor
''.ill the Eii-im-er make public 11ropo,;ak developc;d under this
Avreeinctit without prier r N41i
approval from the DIRECT(AR prior to said documentation Lvtc� matterN ot'public mord,
1 1111114
XXIII. COOPERATION WIj'jj 011WR ENGINEERS
The LIIL:i.-tver shall,cooperazc 1�fth any miter En-ineors in the Cl IN's employ or any stork-
ds,socia[ed with the PROM,7.
XXIV. INTERFERENCIF WITH PUBLIC CONTRACTING
"the Em,ineer certifies hereby that it is not barred from bidding on this contract as a result of<a
violation of 720 ILCS 5 33E etseq.or any similar state or federal statute regarding bid-rigging,
XXV. SEXUAL HARASSMENT
As a condition of this contract,the Frigineer shall have written sexual hara."ment policies that
include,at a mininuan.
I the folimxing information:
A. The illegality of sexual harassment:
B. 'I he definition(if sexual harassment under state law-,
C. A description ofsexual harassrn�nt,utilizing oxallirle":
IX The wridoes frilenia:compkiint process inelo4ing
'Me Qu MOWN,-,inwsligafl-e'ltwi von-1pLaint thlough"he Illinois
Department of Ilwwn RW14 W the lllinoism Huntail Rid,it,C%md"Am--
F. Diz-ecttons on how to ciontact ilic depa:-trr-cril,-md commission-,
G. 1'rowtion,aganst rctahalion as prok ided li4 Section 6-101 of'tho Human R hts Act.
A cvpy of the policies mum be PnWWCd Li.,?the Department ofl-hinizn Rights upon FCLjUe.','-t(7 75
ILCS 52-M.
XXVL WRITTEN COMMUNICATIONS
All reconinicrdal:ons mid Mer wrim—nowim's by the F-r-,gincer to tli�- DIJZF(`TOR and to other
participants winch inay ffcc[co-aoF[line of conipKim.sh all he n.._3c or conjimied in whrNg,
Ile DIRECTOR nmy also rupwre odwy reumunendatJons and cimnmunkmAms by the.T vgitwi
-innCd i
bc 111111t 01',X111 -1
NAVIII. NUTWES
MI noti"m WpM4 and dmumass recur ad andu thris A-greeniclit. -�)all he in . n1inL .111(i
shidl be
inaited by I in Mai:.posLgLt prc!mtd-add:-Lsscd.is follows:
X An to CITY
Jerony HuNim ASL-k
Park L)Mvlcpnwlm LWadnsHoi
01y of lslgiv
900 1 lo 11-1 e s Rna Li
Elgin, lflirc+q 61)1 2,'-5555
B. As to T",NGINF.'--R:
Jim psym PT.t TNI
Vic,,prcsidnn C,'ivil
Hoy and Ass ociaic-, ,Inc.
26575 IN.(Wnwrce Drivo Sake 60,-
Vnlo Klint-its (10073,
IN'VN'l1-NT"SS WHFRF,OF, dw� underslunei ha,e placed their hand,,and swats--.ip.(in und.' :,v,-cutcd
this Apreement in triplicate as thoug i cacti copy hereof" an original and ilia-, them are no odwr
&- 0 -
oral aureemeril's dial have Itot becri reduccd to Antinv in this staloment.
nor the crrv:
.ATTFST: THFf.'.ITY OF ELGIN
B .............. ................
City Clerk City Ni anager
(SEAL)
For the Fligineer.
%j L-e
oc
B
Presid
i'SEAL)
E"OFFICIAL SrAEATf'
JULIE BABENKO
O IL
NOTA RY PUBLIC STATE OF ILLINOIS
kM ly("'1 12007
y Coq-wssl()n Expires 000,2007
--
Hey and Associates, Inc.
PROPOSED SCOPE OF WORK
Revised Concept Plan
We will update the conceptual master plan for the Elgin Regional Park. The updated concept plan will
identify the proposed stormwater best management practices (BMPs) that will reduce or treat site runoff
prior to its discharge into Tyler Creek.
BMP Selection and Fact Sheets
We will identify the stormwter BMPs that will be implemented in the Elgin Regional Park. Both regional
and localized BMPs will be selected. IEPA Load Reduction Estimate Spreadsheets will be completed for all
BMPs. Fact sheets will be prepared for each BMP that include basic information about BMP (sizing criteria,
etc.), expected BMP performance and the proposed monitoring program. A fact sheet will also be prepared
for the regional B1\1Ps that will serve the upstream Tyler Creek watershed.
Collaborate with Outside Partners
We will interface with CMAP to ensure that Elgin Regional BMP Park is recognized as a recommendation
in the updated Tyler Creek Watershed Management Plan. We will also solicit input from: IEPA, USEPA,
Kane County, Kane County Soil and Water Conservation District, and the Forest Preseive District of Kane
County.
Monitoring Program
We will develop a monitoring program based on the approved concept plan and selection of site B1\1Ps.
The monitoring program description will include recommended sampling protocols, required equipment,
and estimated costs.
Preliminary Site Plan
We will develop a preliminary site plan that shows the location of the the proposed facilities and the
proposed BMPs at the site. It will also indicate areas where interpretive signs will inform the public of the
unique aspects of each BMP. This plan will be submitted to the IEPA. A construction cost estimate will
also be prepared.
Project Administration
We will prepare quarterly progress reports as required by the IEPA for the city's review and submittal to
IEPA. We will also prepare the final project report for the city's review and submittal. We will also prepare
materials and attend coordination and progress briefings that are specified by the IEPA over the course of
the project.
1
October 19, 2007 t
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks and Recreation Director
SUBJECT: Amendment No. 1 to the Engineering Services Agreement with Hey and
Associates, Inc. for the Elgin Regional Park
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider authorization of Amendment No. 1 to the Original Agreement with Hey
and Associates, Inc. for the Elgin Regional Park to provide additional engineering services
required for a grant.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 1 with Hey and Associates,
Inc. in the amount of $80,000 for additional engineering services needed to fulfill an Illinois
Environmental Protection Agency Grant for the Elgin Regional Park and authorize staff to
execute the necessary documents.
BACKGROUND
At its meeting on July 12, 2006, the City Council authorized the Original Agreement for
$426,028 with Hey and Associates, Inc. to provide design and preliminary engineering services
for the proposed improvements at the Elgin Regional Park, located at Plank and Muirhead
Roads. These services are close to being completed.
Since that time, the City has applied for and received an Illinois Environmental Protection
Agency (IEPA) grant to assist with the planning and engineering of a Stormwater Best
Management Practices (BMP) Park to be located at the Regional Park. The grant is a 60/40
matching grant program. The IEPA has awarded $48,000 to the City and the City's match is
$32,000.
Looking to the future, the City has already applied for the implementation portion of this grant,
requesting $1,046,280 from the IEPA. Many of the improvements associated with the BMP Park
would be needed for the Regional Park, even if the BMP Park were not developed. These types
of improvements are required by the Kane County Stormwater Ordinance.
Amendment No. 1 with Hey and Associates, Inc. Agreement for Elgin Regional Park
October 19, 2007
Page 2
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The cost of Amendment 1 to the original agreement with Hey and Associates is $80,000. The
City will be reimbursed $48,000 of this from the IEPA grant. There are sufficient funds
budgeted, ($600,000), and available ($160,501), in Park Development Fund, account number
340-0000-795.92-32, Land Improvements, project number 509657, Regional Park, to pay for the
amendment.
LEGALIMPACT
None
ALTERNATIVES
1. The Council may choose to approve Amendment 1 to the Original Agreement with Hey
and Associates, Inc.
2. The Council may choose not to approve Amendment 1 to the Original Agreement with
Hey and Associates, Inc.
Respectfully submitted for Council consideration.
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