===== PDF PAGE 6 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 26-R-0037 - Intergovernmental Agreement - Winfield Township Road District- Cost Participation for COMMITTEE AGENDA DATE: July 2, 2026Purnell Road Resurfacing Project COUNCIL AGENDA DATE: July 20, 2026 STAFF REVIEW: Mehul T. Patel, P.E., Director of Public Works SIGNATURE ________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE _______ _ _ _ ITEM SUMMARY: The Winfield Township Road District (District) has the duty and responsibility to reasonably maintain all unincorporated public roadways within Winfield Township, and the City of West Chicago (City) has the duty and responsibility to reasonably maintain all public roadways within the corporate limits of the City. Following the annexation of the Trillium Farms Subdivision, jurisdiction of Purnell Road is now split between the City and the District. The City maintains approximately 2,700 feet from Gary's Mill Road to the southern limits of the subdivision, while the District maintains approximately 4,100 feet from that point to Winfield Road. In 2023, as part of the development of Trillium Farms Subdivision, Pulte Homes resurfaced Purnell Road (~1,200 feet) between Gary's Mill Rd and Trillium Drive. The District intends to resurface its portion of Purnell Road in summer of 2026 and approached the City to determine interest in resurfacing the remaining portion of Purnell Road (~1,500 feet) between Trillium Drive and southern limits of the Trillium Farms Subdivision. The estimated cost of the City's portion is $145,500, of which $135,000 is for construction and $10,500 is for engineering. The final cost of the City's portion will be determined at the completion of the project. Under the proposed intergovernmental agreement (IGA), the City would participate in resurfacing approximately 1,500 feet of roadway at an estimated cost of $145,500. The 2025 Pavement Condition Index (PCI) study did not capture Purnell Road; however, staff recommends completing this work in coordination with the District's project to take advantage of economies of scale and avoid higher standalone costs in the future. This project was not specifically budgeted; however, there are enough savings available in fund 08-34-53-4225 to absorb this expense. ACTIONS PROPOSED: Approve Resolution No. 26-R-0037 authorizing the Mayor to execute an Intergovernmental Agreement between the Winfield Township Road District and the City of West Chicago for cost participation related to the Purnell Road Resurfacing Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0037 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE WINFIELD TOWNSHIP ROAD DISTRICT FOR THE PURNELL ROAD RESURFACING PROJECT BE IT 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 Winfield Township Road District for the Purnell Road Resurfacing Project, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Valeria Biggerstaff, Executive Office Manager ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE WINFIELD TOWNSHIP ROAD DISTRICT FOR COST PARTICIPATION IN THE RESURFACING OF PURNELL ROAD THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is made and entered into as of this _ day of _ _ _ _ _ 2026, by and between the City of West Chicago, an Illinois municipal corporation (hereinafter referred to as the "CITY"), and the Winfield Township Road District, a body corporate and politic (hereinafter referred to as the "DISTRICT"). The CITY and the DISTRICT may be referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the CITY and the DISTRICT each have statutory authority to construct, maintain, and improve public roadways within their respective jurisdictions; and WHEREAS, Purnell Road, between Gary's Mill Road and southern limits of the Trillium Farms Subdivision, is under the jurisdiction of the CITY, but provides access and benefit to residents and properties within the DISTRICT; and WHEREAS, Purnell Road, between the southern limits of the Trillium Farms Subdivision and Winfield Road, is under the jurisdiction of the DISTRICT, but provides access and benefit to residents and properties within the CITY; and WHEREAS, the DISTRICT intends to undertake a roadway resurfacing project on Purnell Road from Trillium Drive to Winfield Road (hereinafter referred to as the "PROJECT"); and WHEREAS, the CITY desires to participate financially in the portion of the PROJECT located between Trillium Drive and the southern limits of the Trillium Farms Subdivision; and WHEREAS the Parties are authorized to enter into intergovernmental agreements pursuant to Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. INCORPORATION OF RECITALS. l. l. The foregoing recitals are hereby incorporated into and made a part of this AGREEMENT. !GA - City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] 1.2. The headings of the paraerarhs and subparagraphs of this AGREEMENT are inserted for convenience of reference only and shall not be deemed to constitute part of this AGREEMENT or to affect the construction hereof. 2. PROJECT DESCRIPTION. 2.1. The PROJECT shall consist of the resurfacing of Purnell Road, including but not limit d to milling, hot-mix asphalt resurfacing pavement patching, aggregate shoulder removal and replacement, pavement markings and other appurtenant work (the "WORK'). 2.2. The PROJECT limits shall be as follows: • Total Project Limits: Purnell Road from Trillium Drive to Winfield Road. • CITY Participation Limits: Trillium Drive to the southern limits of the Trillium Farms Subdivision, approximately 1,500 lineal feet. • DISTRICT Participation Limits: Southern limits of the Trillium Farms Subdivision to Winfield Road, approximately 4, I 00 lineal feet. 2.3. Thomas Engineering Group, LLC ("TEG") shall perform engineering design and construction oversight services for the PROJECT. 3. RESPONSIBILITIES OF THE DISTRICT. 3.1. The DISTRICT shall serve as the lead agency for the PROJECT; 3.2. The DISTRICT shall be responsible for: • Coordination with TEG for engineering design and construction oversight; and • Preparation of plans, specifications, and cost estimates; and • Bidding and awarding of construction contracts; and • Construction administration, inspection, and supervision; and • Payment to contractors; and • Ensuring completion of the WORK. 3.3. The DISTRICT shall maintain records of all PROJECT costs and provide documentation to the CITY upon request. 3.4. Bid specifications issued by the DISTRICT pursuant to this AGREEMENT shall: 3.4.1. Require that the Contractor provide the DISTRICT with a certificate of insurance naming the CITY as an additional insured and an agreement to indemnify and out of the Contractor's performance, on the same terms and conditions as those provided to the DISTRICT; and IGA - City of West Chicago & Winfield Township Road District - Purnell Road flcsurfacing 2 I [' ,I ~ ,_, ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] 3 .4.2. Provide therein that the CITY is intended to be a third-party beneficiary of the contract, and that any terms establishing rights and authority in the DISTRICT shall also be deemed to extend to the CITY. 4. RESPONSIBILITIES OF THE CITY. 4.1. The CITY agrees to financially participate in the PROJECT for its designated portion. 4.2. The CITY shall cooperate with the DISTRICT and TEG in reviewing plans and coordinating municipal infrastructure considerations. 5. COST PARTICIPATION. 5.1. Estimated Costs: For purposes of budgeting and invoicing, the estimated construction cost for the PROJECT, based on an average twenty-four foot (24') wide pavement section and an approximate construction cost of $33.75 per square yard for the City's portion, and $26.25 per square yard for the District's portion, is as follows: • CITY Portion (1,500 LF): $135,000 (estimated construction cost) • DISTRICT Portion (4,100 LF): $287,000 (estimated construction cost) • Total Estimated Construction Cost: $422,000 The estimated engineering cost for the CITY's portion is $10,500. 5.2. The CITY shall be responsible for the actual construction costs associated with its portion of the PROJECT (approximately 1,500 lineal feet or 4,000 square yards), estimated at $135,000. 5.3. The CITY shall pay for engineering services provided by TEG for its portion of the PROJECT in an amount not to exceed $10,500. 5.4. The DISTRICT shall be responsible for all actual costs associated with its portion of the PROJECT (approximately 4,100 lineal feet or 10,933 square yards), estimated at $287,000, including its proportional share of engineering services. 5.5. Upon award of the construction contract for the PROJECT, the DISTRICT shall invoice the CITY for fifty percent (50%) of the CITY's estimated share of construction and engineering costs. The CITY agrees to remit such payment within sixty (60) days of receipt of said invoice. 5.6. Upon completion of the PROJECT, the DISTRICT shall submit a final invoice to the CITY reflecting actual costs incurred for the CITY's portion, less the amount previously IGA - City of West Chicago & Winfield Township Road District- Purnell Road Resurfacing ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] paid. The CITY shall remit final payment within sixty (60) days of receipt of a complete and accurate final invoice. 5.7. Any increase in the CITY's total cost participation beyond the amounts stated herein shall require prior written approval by the CITY. 6. INDEMNIFICATION. 6.1. To the extent permitted by law, the CITY agrees to indemnify, hold harmless and defend the DISTRICT, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the CITY'S negligence or willful acts, errors or omissions in its performance under this AGREEMENT. The CITY does not hereby waive any defenses or immunity available to it with respect to third parties. 6.2. To the extent permitted by law, the DISTRICT agrees to indemnify, hold harmless and defend the CITY, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the DISTRICT'S negligence or willful acts, errors or omissions in its performance under this AGREEMENT. The DISTRICT does not hereby waive any defenses or immunity available to it with respect to third parties. 6.3. The CITY and the DISTRICT acknowledge that neither party has made representations, assurances or guaranties regarding the other party's or any successor's or assign's authority and legal capacity to indemnify the other party as provided for in this AGREEMENT. In the event a court of competent jurisdiction holds that the CITY or DISTRICT, any successor or assign, is deemed to lack the lawful authority or ability to indemnify, defend or hold harmless the other party, or any person or entity claiming a right through either party, or in the event of change in the laws of the State of Illinois governing CITY'S, DISTRICT'S, or any successor's or assign's indemnification authority, such occurrence(s) shall not affect the validity and enforceability of the remainder of this AGREEMENT or the parties rights and obligations provided for therein. 6.4. Nothing contained herein shall be construed as prohibiting either party, its officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and -----------.......·:to tlr1lg1{i I s--parricipucion in its defense shalhrot_,,,'Tl'TT...,.,.~------ DISTRICT'S duty tu inut:11111ify, Jt:ft:11d, and hold the CITY ha1111lcss, as set forth above. The DISTRICT'S participation in its defense shall not remove CITY'S duty to indemnify, defend, and hold the DISTRICT harmless, as set forth above. IGA - City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] 6.5. Neither party waives, by these indemnity requirements, any defenses or protections under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS I 0/ I et seq.) or available to it, or to the other party, under the law. 6.6. Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. The CITY'S and DISTRICT'S indemnification under this Section shall terminate when the AGREEMENT is deemed null and void, by mutual agreement. 7. CONTRACTOR INSURANCE AND INDEMNIFICATION REQUIREMENTS; THIRD-PARTY BENEFICIARY. 7.1. The DISTRICT shall require, as a condition of awarding and performing the construction contract for the Project, that the Contractor procure and maintain, at its own expense, insurance coverage in types and amounts customary for public roadway construction projects and acceptable to the DISTRICT. Prior to commencement of any work, the Contractor shall furnish to the DISTRICT certificates of insurance evidencing such coverage. 7.2. Such certificates shall name the CITY, its officers, officials, employees, agents, and representatives as additional insureds on a primary and non-contributory basis, to the same extent and on the same terms and conditions as the DISTRICT is named as an additional insured. The Contractor's insurance shall include, at a minimum, commercial general liability, automobile liability, workers' compensation, and umbrella/excess liability coverage, as required by the DISTRICT. 7.3. The DISTRICT shall further require the Contractor, in its contract with the DISTRICT, to indemnify, defend, and hold harmless the CITY, its officers, officials, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from the performance of the Contractor's work under the contract, provided that any such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Contractor, its subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such indemnification obligations shall be on the same terms and conditions as those provided by the Contractor to the DISTRICT. 7.4. The parties expressly agree that the CITY is an intended third-party beneficiary of the contract between the DISTRICT and the Contractor. Accordingly, any provisions in such contract establishing rights, remedies, or authority in favor of the DISTRICT with respect to insurance, indemnification, defense obligations, or enforcement shall be deemed to also confer such rights, remedies, and authority upon the CITY, as if the CITY were expressly named therein. !GA- City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing 5 j f' ,l :,.i. c ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] 8. GENERAL PROVISIONS. 8.1. The Parties agree to cooperate fully in the implementation of the PROJECT. 9. ENTIRE AGREEMENT. 9.1. This AGREEMENT constitutes the entire agreement between the Parties and supersedes all previous communications or understandings whether oral or written. 10. NOTICES. I 0.1. Any notice required here under shall be deemed properly given to the party to be notified at the time it is personally delivered or mailed by certified mail, return receipt requested, postage prepaid, or sent by confirmed facsimile, to the party's address. The address of each party is as specified below; either party may change its address for receiving notices by giving notices thereof in compliance with the terms of this subsection. CITY OF WEST CHICAGO 475 Main Street West Chicago, IL 60185 ATTN: Viviana Rameriz, Cily Adminislratur Phone: 630.231.2200 WINFIELD TOWNSHIP ROAD DISTRICT 30W575 Roosevelt Road West Chicago, IL 60185 ATTN: John S. Dusza, Highway Commissioner Phone: 630.231.8850 11. AMENDMENT. 11.1. This AGREEMENT may only be amended in writing. 12. ASSISGNMENT. . 11: ltatti5"C binding upon ami lmn'e'"ti their succt!ssurs an