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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: September 14, 2023
SUBJECT:
A Resolution authorizing the execution of a Joint Funding Agreement with the State of Illinois, the execution of a Phase 3 Construction Engineering Services Agreement with Civiltech Engineering, Inc. in the not to exceed amount of $58,852.00, and the appropriation of $225,000.00 of MFT Funds for the Farnsworth Ave at Marshall Blvd & Illinois Prairie Path Project.
PURPOSE:
To execute the Joint Funding Agreement for State-Let Construction Work there by reserving sufficient funds to cover the local agency share of the project cost by resolution, to approve the Phase 3 Construction Engineering Services Agreement with Civiltech Engineering, Inc. and to Appropriate Motor Fuel Tax (MFT) Funds by Illinois Department of Transportation (IDOT) Resolution.
BACKGROUND:
The City applied for federal funding in the 2019 IDOT Highway Safety Improvement Program (HSIP) Call for Projects and secured funding for this project.
The project will improve the safety at the intersection of Farnsworth Avenue with Marshall Boulevard and the Illinois Prairie Path with the addition of rapid rectangular flashing beacons (RRFBs) and median pedestrian refuge. The project will also include some resurfacing on Farnsworth Avenue. The funding ratio for this project is 90/10 (90% federal / 10% local) for Construction and Construction Engineering, up to a maximum amount of $275,508.00 of federal funding. Additional federal funding will be requested after the bids are opened. Safety projects like this are important to maintaining safe transportation options for all roadway and trail users.
The City issued a QBS for engineering design services and accepted proposals on October 4, 2019. Civiltech Engineering, Inc. was selected and has been utilized for Phase 1 and Phase 2 Engineering. Phase 1 design approval has been received. The Phase 2 plans are 99% complete and the Initial Final Plans, Specifications, and Estimates (PS&E) were submitted to IDOT on August 4, 2023. The project is targeting a November 2023 IDOT letting.
DISCUSSION:
Due to the complex nature of the project construction and documentation requirements by the Illinois Department of Transportation (IDOT) for federally funded projects, the City is required to hire a consultant for the Phase 3 Construction Engineering Services.
The City published a Qualification Based Selection (QBS) for the Farnsworth Avenue HSIP at Marshall Blvd and Illinois Prairie Path Phase 3 Engineering services on June 12, 2023. Six (6) firms submitted their qualifications. Staff reviewed the qualifications submitted and determined that Civiltech Engineering, Inc. was the most qualified with the top 3 firm's scores attached as Exhibit 'D'. Exhibit ‘D’ also has a breakdown of the selection criteria and weighting and the score breakdowns in each category. Civiltech and the proposed Resident Engineer have successfully completed Phase 3 Construction Engineering Services for many federally funded projects. The attached Phase 3 Engineering Agreement (BLR 05530) from Civiltech in the amount of $58,852.00 noted as Exhibit 'B' will provide full time construction and material inspection for this project.
This followed the Request for Qualifications process and is not subject to the local preference policy. The funding source, federal and MFT Funds, are not subject to the local preference policy.
IDOT requires the City to execute the Joint Funding Agreement for State-Let Construction Work by setting aside the local matching funds for the project. IDOT will front fund the Construction cost and invoice the City of Aurora for its share of the construction cost. The Joint Funding Agreement (BLR 05310C) is attached for execution as Exhibit ‘A’. The estimated total cost of the Construction (C) is $400,000. This amount is higher than the Engineer's Final Construction cost to allow for some additional contingency with final IDOT plan review and unknowns before the bidding process in November 2023. The City’s portion of construction costs would be $160,492.00. The City will have to front fund the Construction Engineering (CE) cost and up to 90% of this cost will be reimbursed by IDOT, at a later date up to a maximum amount of $36,000.00. The estimated total cost of CE is $58,852.00. The City's portion of the CE cost would be $22,852.00. The approximate total cost of C&CE (City’s Share) would be $183,344.00.
Currently, both Exhibit 'A' and Exhibit 'B' are drafts that are under review by IDOT. IDOT has issued guidance that these forms must be locally executed and submitted by October 11, 2023 in order to stay on schedule for the November 2023 State letting. If the forms are amended by IDOT, the Mayor and City Clerk will execute the most current forms. IDOT review of these forms may change the specific values indicated in the memo and resolution.
IDOT requires a Resolution to Appropriate the MFT Funds prior to their expenditure for approved projects. The Resolution for Improvement - BLR 09110 (Exhibit ‘C’) appropriating MFT Funds in the amount of $225,000.00 is attached. The resolution amount is higher than the anticipated City’s share in order to cover front funding the Construction Engineering cost and to provide a small contingency.
Due to the nature of the federal funding on this project, IDOT requires that the City agree to pass a supplemental MFT resolution if necessary, to appropriate additional funds for completion of the project. City staff will review the low bids and concur with IDOT on the award of the project to the low bidder if the bids are within a reasonable approximate of the Engineer's Final Cost Estimate and bidding the project is in the City's best interest.
It is possible that the Mayor and Clerk need to execute additional forms on the project including a Local Public Agency Amendment (BLR 05311) or revised/supplemental BLR 05530. Generally, execution of the BLR 05311 would be to receive additional federal funds or to move federal funds between Construction and Construction Engineering. As mentioned in the resolution we are requesting that the Mayor and Clerk have the ability to execute these documents if they are required to carry the purposes of this resolution into execution, without any additional City Council action. If additional MFT funds are needed for the project, then the Supplemental Resolution (BLR 09110) will be presented before the City Council.
The 2024 City Budget is anticipated to provide for sufficient funds in Account 203-4060-431.79-99 (GB137, Farnsworth Ave. at Marshall Blvd. & IP Path).
IMPACT STATEMENT:
Roadway traffic will be reduced to one lane each direction with a flagger at various times during construction.
RECOMMENDATIONS:
Please forward this to Finance Committee for approval.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the execution of a Joint Funding Agreement with the State of Illinois, the execution of a Phase 3 Construction Engineering Services Agreement with Civiltech Engineering, Inc. in the not to exceed amount of $58,852.00, and the appropriation of $225,000.00 of MFT Funds for the Farnsworth Ave at Marshall Blvd & Illinois Prairie Path Project.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, (the City seeks to improve safety at the intersection of Farnsworth Ave with Marshall Blvd and the Illinois Prairie Path. The project has a State Job Number: C-91-164-20, Federal Project Number: FKI5(761) and MFT Section Number: 19-00331-00-SP; and
WHEREAS, the Farnsworth Ave at Marshall Blvd/IPP Project has been awarded HSIP federal funding in the amount not to exceed $275,508.00 for Construction and Construction Engineering, which will necessitate the use of funding provided through the Illinois Department of Transportation (IDOT); and
WHEREAS, the use of federal funds requires the City to execute the Joint Funding Agreement for State-Let Construction Work with IDOT by way of appropriating the funds in the amount of $160,492.00 (local match for Construction) of which the agreement is attached; and
WHEREAS, the use of federal funds requires the City to execute the Phase 3 Construction Engineering Agreement with Civiltech Engineering, Inc., Two Pierce Pl, Suite 1400, Itasca, IL 60143, by way of appropriating funds in the not to exceed amount of $58,852.00 (front funding Construction Engineering) of which the agreement is attached; and
WHEREAS, there is a need to appropriate MFT Funds (MFT Section # 19-00331-00-SP) funds for this project in the amount of $225,000.00, a copy of which resolution is attached for approval; and
WHEREAS, depending on the low bid prices and final construction costs there may be a need to appropriate additional MFT funds for this project; and
WHEREAS, City staff has the authority to coordinate with IDOT in the award and execution of the contract; and
WHEREAS, the 2024 City Budget is anticipated to provide for sufficient funds in Account 203-4060-431.79-99 (GB137, Farnsworth Ave. at Marshall Blvd. & IP Path).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Joint Funding Agreement for State-Let Construction Work with the State of Illinois in substantially the same form as attached to this Resolution as Exhibit 'A' shall be and hereby is approved; and further
BE IT RESOLVED, that Phase 3 Construction Engineering Agreement with Civiltech Engineering, Inc. in substantially the same form as attached to this Resolution as Exhibit 'B' in the amount of fifty-eight thousand eight hundred fifty-two and 00/100 dollars ($58,852.00), or a higher amount if determined by IDOT during their review, shall be and hereby is approved; and further
BE IT RESOLVED, that two hundred twenty-five thousand and 00/100 dollars ($225,000.00), or as much as may be needed to match the required funding to completed the proposed improvement, of available MFT Funds, Motor Fuel Tax Section Number 19-00331-00-SP shall be and hereby is appropriated for the purposes set forth in this resolution; and further
BE IT RESOLVED, that the City agrees to pass a supplemental MFT resolution if necessary, to appropriate additional funds for completion of the project; and further
BE IT RESOLVED, that the Mayor and the Clerk respectively, shall be and hereby are directed to execute all the aforementioned documents on behalf of the City and any other documents required to carry the purposes of this resolution into execution, including, but not limited to additional Joint Funding Agreements/Amendments, revised Engineering Agreements, and the document entitled “Resolution for Improvement Under the Illinois Highway Code, Form (BLR 09110)” attached to this Resolution as Exhibit 'C'.