02-21 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.
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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)
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For the ENGINEER:
Dated this tar day of kertZ-L C. , A.D., 2002.
ATTEST: HEY AND ASSOCIATES, INC.
By: By:
Secretary Principal
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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
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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
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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
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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 .
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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
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