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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: March 12, 2020
SUBJECT:
A Resolution Requesting Authorization for the Mayor to Execute the Local Public Agency Amendment #2 for Federal Participation with the State of Illinois, and the Mayor to Execute the Phase 3 Construction Engineering Agreement Supplement #1 with HR Green, Inc., 2363 Sequoia Drive, Suite 101, Aurora, IL 60506, in the amount of $499,970.11 for the Aurora Transportation Center (ATC) Regional Facility Enhancement Project, MFT Section Number 16-00313-00-MS (Wards 1 & 6).
PURPOSE:
To authorize the Mayor to execute the Local Public Agency Amendment in order to obtain additional Federal funding for the project, and to approve the Phase 3 Construction Engineering Services Agreement Supplement #1 with HR Green, Inc.
BACKGROUND:
The Aurora Transportation Center (ATC) Regional Facility Enhancement Project has been under construction since the beginning of 2018. The project is comprehensive in nature and focused on renovating Broadway / IL Route 25, the ATC parking facilities, and providing a bicycle/pedestrian bridge that will span the Fox River. The vehicular improvements included the relocation of the existing Pace Bus staging area and traffic signal to the main ATC parking facility, the reconfiguration parking stalls to add efficiency, a landscaped median in Broadway, and additional parking stalls in Lot W. The new bicycle/pedestrian bridge will provide access to the west side of the river, connect two regional trails, and provide access to additional parking for the ATC and RiverEdge Park.
The project is approximately 75% completed. All the roadway and ATC parking lot improvements, including the relocation of Pace bus staging area, have all been completed. Construction of the pedestrian bridge continues to move forward toward completion in the summer of 2020. The original estimated completion date was October 25, 2019. An Overall Project Location and progress pictures are included as Exhibit ‘A’.
In August 2017, the City issued a Request for Qualification (RFQ) for Phase III Construction engineering services per IDOT's qualification based selection (QBS) procurement requirement. HR Green Inc. was selected as the Phase III Construction engineer and an agreement was approved in the amount of $1,198,393.80.
The project is federally funded through the Congestion Mitigation and Air Quality (CMAQ) Improvement Program administered by the Chicago Metropolitan Agency for Planning (CMAP). Resolution R17-348, passed on October 24, 2017, approved and authorized the Mayor and City Clerk to execute the agreements with the Illinois Department of Transportation (IDOT) and HR Green Inc. for Construction funding and Construction Engineering services for the ATC Project. Resolution R18-006, passed on January 9, 2018, amended Resolution R17-348 to allow the City to execute the most current agreements that may be amended by IDOT and approval of the an addendum.
At the time of the original agreement, the total amount for Construction and Construction Engineering was shown to be $16,083,556. Of that amount, the local share was shown to be $4,600,632. The Kane County Forest Preserve is contributing to the local share in the amount of $1,650,000.
In January 2019 after the bids were opened, the City requested and was granted an additional $894,000 of CMAQ funding from CMAP to increase the federal funding to the as-bid levels. Local Public Agency Amendment #1 for Federal Participation was executed by the Mayor without official council action due to the provisions in the previously passed resolutions. This Amendment #1 is still being executed by IDOT.
In January 2020, the City requested and was granted an additional $1,778,000 of CMAQ funding from CMAP to increase the federal funding for Construction and Construction Engineering to the projected final values at the end of the project.
DISCUSSION:
To determine the projected final Construction amount, final quantities were projected to account for any changes in final quantity due to field measurements, and extra work encountered to date (increase in non-special waste material removal, modification in causeway construction and permitting, rock/foundations mitigation for light poles installations, additional rock excavation for drilled shaft installation and cold weather protection for concrete bridge work).
The project has been delayed numerous times due to high river elevations caused by flooding that have prevented the Contractor from working on the critical path item. According to IDOT specs the Contractor is entitled to increases in material costs, increases in labor costs, payment for idle equipment, extra payment for additional traffic control, and payment for overhead according to IDOT’s relatively new “Compensable Delay” BDE special provision. Before the special provision was implemented, Contractors would take these costs to claim and IDOT would typically approve payment to Contractors. The City recently had to pay claims to the Contractor on East New York Street - Segment II for delay related costs. Additional funds were requested to cover the various delay costs encountered to date, plus any potential delay costs to the end of the project.
An increase in Construction Engineering was also requested to account for additional payroll costs during the delay including additional observation, inspection, additional material testing per IDOT requirements, and processing additional paperwork and reporting. The Phase 3 Construction Engineering Agreement Supplement #1 with HR Green, Inc., in the amount of $499,970.11, is attached as Exhibit ‘B’.
The attached Local Public Agency Amendment #2 for Federal Participation (LPAA#2) is labeled as 'Exhibit C' and defines the Division of Cost for Construction and Construction Engineering. The previously approved Resolutions R17-348 and R18-006 are included as addenda to this Exhibit ‘C’.
Per this agreement, the total amount for Construction and Construction Engineering is estimated to be $18,198,363.91. Of that amount, the local share is estimated to be $4,043,672.78, which is lower than the $4,600,632 shown in the original agreement. See below for summary tables of the original agreement, Amendment #2 and the change in costs.
|
Original Agreement |
Federal Funds |
Local Funds |
Total |
|
Participating Construction |
$ 10,524,209.00 |
$ 3,880,953.00 |
$ 14,405,162.00 |
|
Non-Participating Construction |
|
$ 480,000.00 |
$ 480,000.00 |
|
Construction Engineering |
$ 958,715.00 |
$ 239,679.00 |
$ 1,198,394.00 |
|
Total |
$ 11,482,924.00 |
$ 4,600,632.00 |
$ 16,083,556.00 |
|
|
|
|
|
|
Amendment #2 |
Federal Funds |
Local Funds |
Total |
|
Participating Construction |
$ 12,796,000.00 |
$ 3,224,000.00 |
$ 16,020,000.00 |
|
Non-Participating Construction |
|
$ 480,000.00 |
$ 480,000.00 |
|
Construction Engineering |
$ 1,358,691.13 |
$ 339,672.78 |
$ 1,698,363.91 |
|
Total |
$ 14,154,691.13 |
$ 4,043,672.78 |
$ 18,198,363.91 |
|
|
|
|
|
|
Change |
Federal Funds |
Local Funds |
Total |
|
Participating Construction |
$ 2,271,791.00 |
$ (656,953.00) |
$ 1,614,838.00 |
|
Non-Participating Construction |
|
$ - |
$ - |
|
Construction Engineering |
$ 399,976.13 |
$ 99,993.78 |
$ 499,969.91 |
|
Total |
$ 2,671,767.13 |
$ (556,959.22) |
$ 2,114,807.91 |
It should be noted that the numbers on this LPAA#2 represent a worst case scenario for the federal funding share. When the City requested additional CMAQ money from CMAP, we were conservative in our participatory costs so that our CMAP funding increase request would be the final request for the project. Since we were conservative in our assumptions and some construction items may be deemed non-participatory by IDOT, the City’s share will increase. The final City share will likely be more in the originally budgeted $4.6M range (which includes the Kane County Forest Preserve share of $1.65M).
The work is budgeted in the approved CIP budget (A059 - Regional Transportation Improvements) and the account from which the project is to be funded is 353-4433-437.73-20, where we have $1,089,424 available.
IMPACT STATEMENT:
No impact.
RECOMMENDATIONS:
Please forward this to the Finance Committee for approval.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Requesting Authorization for the Mayor to Execute the Local Public Agency Amendment #2 for Federal Participation with the State of Illinois, and the Mayor to Execute the Phase 3 Construction Engineering Agreement Supplement #1 with HR Green, Inc., 2363 Sequoia Drive, Suite 101, Aurora, IL 60506, in the amount of $499,970.11 for the Aurora Transportation Center (ATC) Regional Facility Enhancement Project, MFT Section Number 16-00313-00-MS (Wards 1 & 6).
body
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, in March 2015, the City applied for Congestion Mitigation and Air Quality Improvement Program Grant (CMAQ). In October 2015, the City’s received notification from Chicago Metropolitan Agency for Planning (CMAP) that the City’s project had been approved for programming; and
WHEREAS, the City received design approval in August 2017 and final engineering plans and specifications have been submitted to IDOT for approval with a proposed project letting of January 19, 2018; and
WHEREAS, City Council passed Resolution R17-348, passed on October 24, 2017, authorized the execution of agreements with the State of Illinois (IDOT) and HR Green Inc.
WHEREAS, City Council passed Resolution R18-006, passed on January 9, 2018, to allow the City to execute the most current agreements that may be amended by IDOT and approval of the an addendum.
WHEREAS, the City has received a proposal for supplemental Construction Engineering services from HR Green, Inc., a copy of the Phase 3 Construction Engineering Agreement Supplement #1 in the amount of $499,970.11 is attached as Exhibit ‘B’. The City will have to appropriate and front fund the Phase III engineering cost (total engineering cost of the original agreement and supplement #1 is $1,698,363.91) and will be reimbursed 80% of the value; and
WHEREAS, Federal funding for this project will be administered through IDOT according to the Local Public Agency Agreement, that may be amended by IDOT. The project has a State Job Number: C-91-279-16, Federal Project Number: WXJJ(747) and MFT Section Number 16-00313-00-MS; and
WHEREAS, there is a need for a Local Public Agency Amendment #2 for Federal Participation to be executed to obtain additional federal funds for the project, and a need to appropriate funds in the amount of $3,704,000 (local match for Construction) of which the agreement is attached Exhibit 'C'. IDOT will invoice the City for the City’s portion of the cost of the improvements; and
WHEREAS, there is $1,089,424 available funds for this CIP project in Account No. 353-4433-437.73.20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor is hereby authorized to execute the Local Public Agency Amendment #2 for Federal Participation and addenda as set forth in Exhibit 'C' which may be amended by IDOT, and also the Construction Engineering Services Supplement #1 with HR Green, Inc. as set forth in Exhibit ‘B’, which may be amended by IDOT.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any other such documents related to advancement and completion of the said project.