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HomeMy WebLinkAbout02-21 Resolution No. 02-21 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE NORTHEASTERN ILLINOIS PLANNING COMMISSION FOR THE TYLER CREEK MANAGEMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Northeastern Illinois Planning Commission to provide grant funding on Tyler Creek Management Projects, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 23 , 2002 Adopted: January 23 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS TYLER CREEK MANAGEMENT PROJECT ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 This Amendment No. 2 entered into this30 day of ,4pec1'e. , 2002, by and between the City of Elgin, an Illinois Municipal Corporation(herein referred to as "CITY") and Hey and Associates, Inc., (hereinafter referred to as "ENGINEER"), shall modify that agreement dated July 10, 1998, (hereinafter referred to as "AGREEMENT"),whereby the ENGINEER was engaged by the CITY to perform certain professional services in connection with data collection, conceptual design,preliminary engineering and other construction related engineering services for the Tyler Creek Management Project (Hereinafter referred to as "PROJECT"). Whereas the payment to the ENGINEER for additional engineering completed on the Grant Application was not included in the AGREEMENT, and Whereas the CITY desires to include the payments to the ENGINEER under paragraph IV of the AGREEMENT in connection with the aforementioned design engineering pertaining to the PROJECT. Now, therefore, for and in consideration of the mutual undertakings as contained herein, and the mutual undertakings as set forth in the original AGREEMENT, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. That section IV of the AGREEMENT of July 10, 1998 is hereby amended by adding a Subparagraph D thereto to read as follows: D. For services listed below and in Attachment A the ENGINEER shall be reimbursed the total amount of$35,000 as a total lump sum fee regardless of actual costs incurred by the ENGINEER. 1. Additional engineering $ 4,400 completed on the IEPA 319 Grant 2. Revise final plans to address Army $ 12,500 Corp,NIPC, IDNR and City Staff Comments 3. Provide Construction Management, $ 15,600 Observation Material Approval and Payouts. Two overall and one final inspection of sites 3, 5, 12 and 13 all in accordance with the Amended Services and the Construction Services requirements as defined in Attachments A and B. -2- 4. Prepare a two year monitoring plan for site 5 $ 2,500 in accordance with Army Corp requirements. TOTAL LUMP SUM FEES, Amendment 2 $ 35,000 2. That except as amended herein the terms of the AGREEMENT of July 10, 1998, between the CITY and the ENGINEER shall remain in full force and effect. 3. That in the event of a conflict between the terms of this amendment No. 2 and the terms of the original AGREEMENT of July 10, 1998, the terms of this Amendment No. 2 shall control. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Amendment No. 2 in triplicate as though each copy hereof was in 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, ILLINOIS By: By: City Clerk er (SEAL) (SEAL) -3- For the ENGINEER: Dated this tar day of kertZ-L C. , A.D., 2002. ATTEST: HEY AND ASSOCIATES, INC. By: By: Secretary Principal -4- ATTACHMENT A AMENDMENT NO. 2 AMENDED SERVICES 1. Address outstanding charges relative to grant assistance over and above the original grant scope that included attendence at a grant workshop, revisions to the application resulting from the workshop and filed coordination with the affected agencies to secure concensus on the projects (sites 3, 5, 12 and 13). The original contract scope included preparation of the grant application only. 2. Address comments from City staff and from the Army Corp of Engineers' permit 200100407 including revisions to the plans for Sites 3, 5, 12 and 13. 3. Prepare a two year implementation,management and monitoring plan for Site 5 and a ten year plan for Site 3. 4. Revise project cost estimates and specifications based on City staff and the Army Corp of Engineers' comments. 5. Provide construction and planting observation on a periodic basis,review and approval of materials, two punchlists and one final inspection for Sites 3, 5, 12 and 13 with hours assigned as follows and in accordance with Attachment B: Site 3 40 hours Site 5 160 hours Site 12 24 hours Site 13 16 hours -5- ATTACHMENT B AMENDMENT NO. 2 CONSTRUCTION SERVICES 1. Liaison and Contract Control Act as the CITY's representative with duties, responsibilities and limitations of authority as assigned in the Construction Contract Documents, and advise and confer with CITY officials during construction and issue the CITY's authorized instructions to the Contractor. Assist the Contractor in understanding the intent of the construction contract Documents. Serve as the CITY's liaison with other local agencies such as utility companies,businesses, CITY's on-site representative, etc. 2. On-Site Review of Work Conduct continuous and part-time, depending upon the specific activity of the contractor, on-site observations of the work in progress to determine that the PROJECT is proceeding in accordance with the Construction Contract Documents and that completed work will conform to the requirements of the Construction Contract Documents. Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective, not conforming to the requirements of the Construction Contract Documents, or does not meet the requirements of any inspections, tests, or approval required to be made and report same to the CITY; and advise CITY of action taken or if any special testing or inspection will be required. Verify that tests are conducted as required by the Construction Contract Documents and in the presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record, and report to the CITY appropriate details relative to the test procedures. Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and ensure such tests are made as specified. Analyze the results of all field and laboratory tests to determine the suitability compliance with the requirements of the Construction Contract Documents (not including geotechnical review/observation/testing). Accompany visiting inspectors representing public or other agencies having jurisdiction Page 6 over the project, record the outcome of these inspections and report to the CITY. Prepare and submit detailed daily reports of construction progress. 3. Contractor Suggestions and Requests Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to the CITY with any time or cost implications for final decision. 4. Shop Drawings Develop shop drawing submittal requirements and assist Contractor in development of submittal schedules. Review and monitor compliance with submittal schedules. Review and approve shop drawings and samples, the results of tests and inspections and other data which any Contractor is required to submit,but only for conformance with the design concept of the project and compliance with the information given in the Construction Contract Documents. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract Documents. Determine the acceptability of substitute materials and equipment proposed by the Contractor; and receive and review(for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. Record and maintain a shop drawing submittal and approval log and notify the Contractor whenever submittals are lacking or untimely. 5. Job Meetings Conduct weekly progress meetings with all parties as required by the Construction Contract Documents to review construction progress, design interpretations and overall progress. Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day- to-day requirements and problems. Prepare, maintain, and circulate copies of minutes thereof. 6. Contract Administration and Records Handle all day-to-day Contract Administration and associated correspondence. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, and samples submissions, reproductions of original Construction Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to Page 7 the execution of the Construction Contract Documents,progress reports, and other project related documents. 7. Reports Furnish written reports to the CITY on a biweekly basis of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 8. Contractor Pay Requests Review the Contractor's requests for payments as construction work progresses, and advise the CITY of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. 9. Change Orders Perform evaluation of proposed Construction Contract Change Orders and submit recommendation for approval or denial to the CITY. Prepare Construction Contract Change Orders when authorized by the CITY. 10. Final Completion Conduct a final inspection of the PROJECT with the CITY and the Contractor, and prepare and give to the Contractor a final punch list. Issue an opinion of satisfactory completion for acceptance of the PROJECT by the CITY. Process the Contractor's final request for payment. .4 OF E4C City of Elgin Agenda Item No. „ it4 1 *1401 E January 4 , 2002 G '"� ' _ TO: Mayor and Members of the City Council `" ECONOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Northeastern Illinois Planning Commission Agreement for 319 Grants for Tyler Creek Management Projects . PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of an agreement with Northeastern Illinois Planning Commission (NIPC) for provide grant funding on select Tyler Creek Management Projects . BACKGROUND The City amended the Hey and Associates engineering services agreement in 1999 to include several provisions, one of which was to apply for a grant through the Illinois Environmental Protection Agency. Northeastern Illinois Planning Commission, acting as the agent for the Illinois Environmental Protection Agency, has formalized an agreement to apply grant funding for two projects . The two projects, which are two of the original sixteen approved sites, include construction of a water quality basin and a stream bank stabilization. In general, the work identified in the agreement would occur on Tyler Creek immediately north of Creekside School in the Valley Creek Subdivision and just south of the terminus of Kimberly Drive in the Eagle Heights Subdivision. The NIPC agreement requires the City to submit, immediately upon execution, draft agreements of the easement agreements or property acquisition. The water quality basin project is entirely within City of Elgin property. The property is currently labeled a park. The stabilization project includes private property and City of Elgin park property. With the exception of the single family home at the end of Kimberly, the private properties include dedicated drainage and utility easements . If the City fails to obtain the necessary easements, the City simply does not get the funding for the particular project . a NIPC Grant Agreement January 4, 2002 Page 2 The NIPC agreement requires that the projects be completed by February 1, 2003 . Staff feels that both projects could be completed by this deadline . Both projects require some re-engineering and will require construction observation via a consulting engineering firm. The NIPC agreement requires the City to conduct an audit in accordance with Circular OMB A-133 auditing procedures . The City performs similar type audits for other Federally funded projects (HUD & CDBG) through the independent CPA firm. Adding the audit required by the agreement to this service should have minimal cost impact . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED NIPC, IDNR, US Fish & Wildlife, Friends of Tyler Creek, KDSWCD. 06- FINANCIAL IMPACT The estimated cost of the project would total $681, 000 . The grant provides for a reimbursement of 60% of projects costs not to exceed rm. $435, 738 . Therefore, $261, 455 (60% of $435 , 738) would be reimbursed with the remainder, $419, 545, to be provided by the City. These costs include auditing the project, engineering, easement acquisition and construction observation. The City' s portion will be charged against the Tyler Creek Detention fund (account number 378-00-00-795 . 92-32) , project number 339501 . The City will be paying all costs up front and obtaining reimbursement from NIPC after various phases are completed. This project had an original budget of $1, 550 , 000 of which $793 , 092 is still available. JI/t// LEGAL IMPACT None . ALTERNATIVES 1 . Reject the agreement and investigate alternative funding sources . r NIPC Grant Agreement January 4 , 2002 Page 3 RECOMMENDATION It is recommended that City Council authorize the execution of the Northeastern Illinois Planning Commission agreement and direct the staff to prepare the necessary resolution. Respectfully submitted, D. CJ Joyce A. Parker City Manager JE:do Attachment r r