===== PDF PAGE 14 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: t ':t re__ Resolution No. 24-R-0064 - Intergovernmental Agreement with the Illinois Department of Transportation and the FILE NUMBER: _____ _ Appropriation of Funds for the City's Portion for IDOT COMMITTEE AGENDA DATE: September 5, 2024 Contract 62G63 for Improvements Along State Route IL-38 COUNCIL AGENDA DA TE: September 16, 2024 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE._________ _ ITEM SUMMARY: The Illinois Department of Transportation (IDOT) under its contract #62G63 is proposing a project along IL-38 from east of Technology Boulevard to County Farm Road. The major scope of work includes resurfacing within the project limits and upgrading sidewalks in compliance with the American Disability Act (ADA) requirements. As part of these improvements, in accordance with the City's 2016 Strategic Plan, the City of West Chicago requested installation of landscape medians at strategic locations, installation of LED street name signs at signalized intersections and painting signal equipment within the City limits. The requested improvements will provide aesthetic upgrades within the project corridor. An Intergovernmental Agreement (IGA) is being proposed by IDOT to cover the costs for improvements requested by the City. Over the last few months, staff has reviewed the plans and IGA provided by IDOT. All previous comments have been satisfactorily addressed. Per Exhibit A of the attached IGA, IDOT is anticipating that the City will be responsible for approximately $480,902.00 (reduced from $1,037,583.38 after successful negotiations) of the approximately $10.2 million dollar project. All City costs are associated with our requested improvements. Please note the exact cost of City's participation will be determined after the bid opening and final costs will be determined based on as-built conditions at the completion of the project. Typically, cost participation items on IDOT contracts require municipalities to pay 80% of its cost upon award of the contract and the remaining 20% at the completion of the project. However, staff successfully negotiated 50% payment upon award, 25% payment on or before June 1, 2026, and the remaining 25% on or before June 1, 2027. This project is tentatively scheduled for the November 2024 letting. Staff recommends approval of the IGA. Sufficient funds will be budgeted in FY 2025, 2026, and 2027. ACTIONS PROPOSED: Approve Resolution No. 24-R-0064 authorizing the Mayor to execute an Intergovernmental Agreement with the Illinois Department of Transportation and to appropriate funds for the City's portion for IDOT Contract 62G63 for improvements along State Route IL-38. COMMITTEE RECOMMENDATION: ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] RESOLUTION NO. 24-R-0064 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORA TION AND TO APPROPRIATE FUNDS FOR THE CITY'S PORTION OF IDOT CONTRACT 62G63 FOR IMPROVEMENTS ALONG STATE ROUTE IL-38 WHEREAS, the CITY OF WEST CHICAGO (CITY) has entered into an AGREEMENT with the STATE OF ILLINOIS (ST ATE) for the improvement of IL 38 Roosevelt Road from east of Technology Boulevard to County Farm Road, known as Contract No. 62G63, STATE Section No.: 2018-027-RS-SW; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to appropriate sufficient funds to pay its share of the cost of said improvement. NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of Four Hundred Eight Thousand Nine Hundred Two Dollars ($480,902) or so much thereof as may be necessary, from any money now or hereinafter allotted to the CITY, to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, upon award of the contract for this improvement, and receipt of an invoice, the CITY will pay within forty-five ( 45) days of receipt of invoice, its first annual installment to the ST ATE, in a lump sum from any funds allotted to the CITY, an amount equal to $240,451 (50%) of its obligation incurred under this AGREEMENT. On or before June 1, 2026, the CITY will pay its second annual installment to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to $120,226 (25%) of its obligation incurred under this AGREEMENT. Upon receipt of a final invoice, but not before June 1, 2027, the ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] CITY will pay to the STATE in a lump sum from any funds allotted to the CITY, an amount equal to the CITY'S remaining financial obligation for construction and engineering costs incurred by the ST ATE. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering·costs for all construction items in which the CITY has agreed to be financially responsible under the terms of this AGREEMENT; and BE IT FURTHER RESOLVED, that the CITY agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient, to cover said cost. BE IT FURTHER RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute an Intergovernmental Agreement with the Illinois Department of Transportation for and appropriate funds for City's portion oflDOT Contract 62G63 for improvements along State Route IL-38, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 16th day of September 2024. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] FAP 347 IL 38 Roosevelt Road E of Technology Blvd to County Farm Rd State Section: 2018-027-RS-SW County: DuPage Job No.: C-91-247-18 Contract No.:62G63 Agreement No.: JN-125-001 AGREEMENT This Agreement entered into this ___ day of ________ , 20_ A.D., by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the CITY OF WEST CHICAGO of the State of Illinois, hereinafter called the CITY. WITNESS ETH: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of improving approximately 31,205 lineal feet of FAP Route 347, IL 38 Roosevelt Road from East of Technology Boulevard to County Farm Road, STATE Section No. 2018-027-RS-SW, STATE Job No.: C-91-247-18, State Contract Number 62G63 as follows: The general scope of work consist of pavement resurfacing (Standard Overlay and Designed Overlay) and ADA sidewalk ramp improvements. Other work includes the installation of Accessible Pedestrian Signals (APS), LED street name signs, conversion of the paved median to landscape medians, painting of the existing traffic signal equipment, and all other work necessary to complete the improvement in accordance with the approved plans and specifications; and ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] WHEREAS, the CITY has requested that the STATE include in its contract landscape medians, LED street name signs and painted signal equipment, and WHEREAS, the STATE has agreed to the CITY's request, and WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, obtain all necessary ri!i]hts of way, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the approved plans, specifications and contract. 2. The STATE agrees to pay for all right of way, construction and engineering cost subject to partial reimbursement by the CITY, as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost and cost proration for this improvement is as shown on Exhibit A attached hereto and made a part hereof. 4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost for this improvement, a copy of which is attached hereto as Exhibit B and made a part hereof. ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] 5. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated in Exhibit B proves to be insufficient to cover said cost. 6. The CITY further agree.s that, upon award of the contract for this improvement, and receipt of an invoice, the CITY will pay within forty-five (45) days of receipt of invoice, its first annual installment to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to $240,451 (50%) of its obligation incurred under this AGREEMENT. On or before June 1, 2026, the CITY will pay its second annual installment to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to $120,226 (25%) of its obligation incurred under this AGREEMENT. Upon receipt of a final invoice, but not before June 1, 2027, the CITY will pay to the STATE in a lump sum from any funds allotted to the CITY, an amount equal to the CITY'S remaining financial obligation for construction and engineering costs incurred by the STATE. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering costs for all construction items in which the CITY has agreed to be financially responsible under the terms of this AGREEMENT. 7. The CITY has adopted a resolution, will send a letter, or sign the Plan Approval page, which is part of this document, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] 8. The CITY agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along IL 38 Roosevelt Road without the consent of the STATE. 9. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 10. The CITY agrees to cause its utilities installed on right of way after said right of way was acquired by the STATE or installed within the limits of a roadway after the said roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no expense to the STATE. 11. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System." (92 Ill. Adm. Code 530). 12. The CITY agrees to obtain from the STATE an approved permit for any CITY owned utility relocated/adjusted as part of this improvement, and shall abide by all conditions set forth therein. 13. Upon final field inspection of the improvement and so long as IL 38 Roosevelt Road is used as a STATE Highway, the STATE agrees to maintain or cause to be maintained the median, the through traffic lanes, the left-turn lanes and the ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] right turn lanes, and the curb and gutter, stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes. 14. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE, including new and existing sidewalks, parkways, landscaped medians placed between Technology Boulevard and Kress Creek Drive, crosswalk and stopline markings, CITY owned utilities including appurtenances, thereto. The CITY agrees to inspect stopline markings, symbols, special pavement treatments, crosswalks and replace as necessary to insure proper motorist and pedestrian guidance. 15. The CITY further agrees to continue its existing maintenance responsibilities on all side road approaches under its jurisdiction, including all left and right turn lanes on said side road approaches, up to the through edge of pavement of IL 38 Roosevelt Road. Drainage facilities, if any, at the aforementioned side roads located within the STATE right-of-way shall be the joint maintenance responsibility of the STATE and the CITY unless there is an agreement specifying different responsibilities. 16. Upon acceptance by the STATE of the Traffic Signal work included herein the financial responsibility for Maintenance and Electric Energy for the operation of the traffic signals IL 38 at Fabyan and at Joliet St shall remain as outlined in the Master Agreement executed between and the STATE and the CITY. ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] 17. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals on IL 38 at Kress, at Fabyan and at Joliet St, then the CITY agrees to be financially responsible for its proportionate share in accordance with STATE policy to modernize or reconstruct said installation and will be responsible for all costs to relocate or reconstruct the illuminated street name signs in conjunction with the STATE's proposed improvement. 18. It is the STATE's policy to install traffic signal hardware which requires little or no maintenance (e.g., galvanized signal posts and mast arms, polycarbonate traffic signal heads). All costs associated with the installation, future maintenance, or replacement of non-standard Department equipment, finish or hardware shall be the sole responsibility of the CITY. This includes, but is not limited to, painting of the traffic signal hardware, aesthetic poles or mast arms and internally illuminated street name signs. The Department will also require that the STATE's electrical maintenance contractor to perform any work required for maintenance or repair of the non-standard items and invoice the CITY directly for any additional costs. 19. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 36-6006144 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is: City of West Chicago 475 Main Street West Chicago, IL 60185 ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] Obligations of the STA TE and the CITY will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. This AGREEMENT and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within the three years subsequent to execution of the agreement. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. City of West Chicago By: (Signature) Attest: By: ------------ (Print or Type) Executive Office manager Title: ----------- Date: (SEAL) STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Jose Rios, P.E. Region One Engineer Date: Job No.: C-91-247-18 Agreement No.: JN-125-001 ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] PLAN APPROVAL WHEREAS, in order to facilitate the improvement of FAP 347, IL 38 Roosevelt Road from east of Technology Boulevard to County Farm Road, State Section No: 2018- 027-RS-SW, Contract No. 62G63, the CITY agrees to that portion of the plans and specifications relative to the CITY's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed improvement. Approved ________________ _ Title __________________ _ Date ------------------- ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] Exhibit B RESOLUTION NO. _____ _ FUNDING RESOLUTION WHEREAS, the CITY OF WEST CHICAGO (CITY) has entered into an AGREEMENT with the STATE OF ILLINOIS (STATE) for the improvement of IL 38 Roosevelt Road from east of Technology Boulevard to County Farm Road, known as Contract No. 62G63, STATE Section No.: 2018-027-RS-SW; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to appropriate sufficient funds to pay its share of the cost of said improvement. NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of Four Hundred Eight Thousand Nine Hundred Two Dollars ($480,902) or so much thereof as may be necessary, from any money now or hereinafter allotted to the CITY, to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, upon award of the contract for this improvement, and receipt of an invoice, the CITY will pay within forty-five (45) days of receipt of invoice, its first annual installment to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to $240,451 (50%) of its obligation incurred under this AGREEMENT. On or before June 1, 2026, the CITY will pay its second annual installment to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to $120,226 (25%) of its obligation incurred under this AGREEMENT. Upon receipt of a final invoice, but not before June 1, 2027, the CITY will pay to the STATE in a lump sum from any funds allotted to the CITY, an amount equal to the CITY'S remaining financial obligation for construction and engineering costs incurred by the ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] STATE. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering costs for all construction items in which the CITY has agreed to be financially responsible under the terms of this AGREEMENT; and BE IT FURTHER RESOLVED, that the CITY agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient, to cover said cost. ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] STATE OF ILLINOIS) COUNTY OF DuPAGE ) I, --------~ CITY Executive Office Manager in and for the CITY of WEST CHICAGO, hereby certify the foregoing to be a true perfect and complete copy of the resolution adopted by the CITY Council at a meeting on _______ , 20_ A.D. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this ____ day of _____ . 20_A.D. CITY Executive Office Manager (SEAL) ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] EXHIBIT A ESTIMATE OF COST Contract 62G63 FEDERAL STATE West Chicago TOTAL Type of Work $ % $ % $ % $ All roadway work excluding the .following:. $6,800,000 80% $1,700,000 20% $8,500,000 P&C Engineering (15%) $1,020,000 80% $255,000 20% $1,275,000 Landscape Median $309,526 100% $309,526 P&C Engineering (15%) $46,429 100% $46,429 LED Street Name Signs and Painting (IL $108,650 100% $108,650 38 at Kress, Fabyan and Joliet St) P&C Engineering (15%) $16,298 100% $16,298 TOTAL $7,820,000 $1,955,000 $480,902 $ 10,255,902 NOTE: Local participation shall be predicated upon the percentages shown above for the specified work. Local Agency cost shall be determined by multiplying the final quantities times contract unit price plus the percentage shown for construction and/or preliminary engineering unless otherwise noted.