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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: October 28, 2021
SUBJECT:
A Resolution authorizing the execution of a Local Public Agency Agreement for Federal Participation with the State of Illinois, the execution of a Phase 3 Construction Engineering Agreement with V3 Companies, Ltd. in the not to exceed amount of $246,070.00, and the appropriation of $1,095,370.00 of REBUILD Illinois Bond Funds for the East New York Street Resurfacing (Ohio St to Farnsworth Ave) Project.
PURPOSE:
To execute the Local Public Agency Agreement 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 V3 Companies, Ltd. and to Appropriate REBUILD Illinois Bond Funds by Illinois Department of Transportation (IDOT) Resolution.
BACKGROUND:
The City applied for federal funding in the March 2020 Kane-Kendall Council of Mayors (KKCOM) Call for Projects for 11 different projects. These projects were discussed at the February 27, 2020 Finance Committee meeting as information only (legistar 20-0121). Nine (9) of the City's 11 submitted projects were selected to be in KKCOM's 5-year program. In total, $11,355,000 of federal funds were allocated for these 9 City projects.
The project will resurface East New York Street from Ohio Street to Farnsworth Avenue. The project scope also includes include replacement of 100% of curb and gutter and 100% of sidewalk and to correct sidewalk cross slope issues and provide a wider walking surface meeting ADA requirements. The funding ratio for these projects is 75/25 (75% federal / 25% local) for Construction and Construction Engineering, up to a maximum amount of $750,000 for this project. Resurfacing projects like this help reduce the burden of funding the City’s yearly resurfacing program with local and MFT funding sources.
Phase 1 and Phase 2 Engineering was completed by TranSystems. 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 October 4, 2021. The project is targeting a January 21, 2022 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 East New York Street Resurfacing Phase 3 Engineering services on August 17, 2021. Fifteen (15) firms submitted their qualifications. Staff reviewed the qualifications submitted and determined that V3 Companies, Ltd. 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. V3 and the proposed Resident Engineer have successfully completed Phase 3 Construction Engineering Services for many federally funded projects, including a number of projects with components like this. The Resident Engineer also aided the Engineering Division with the yearly street resurfacing project a number of years ago . The attached Phase 3 Engineering Agreement (BLR 05530) from V3 Companies, Ltd. in the amount of $246,070.00 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 REBUILD Illinois Bond Funds, are not subject to the local preference policy.
IDOT requires the City to execute the Local Public Agency Agreement 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 Local Public Agency Agreement (BLR 05310) is attached for execution as Exhibit ‘A’. The estimated total cost of the Construction (C) is approximately $1,549,300.00. The city’s portion of the construction cost would be approximately $849,300.00. The City will have to front fund the Construction Engineering (CE) cost and up to 75% of this cost will be reimbursed by IDOT, at a later date. The estimated total cost of CE is $246,070.00. City's portion of the CE cost would approximate to $196,070.00. The approximate total cost of C&CE (City’s Share) would be $1,045,370.00.
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 December 8, 2021 in order to stay on schedule for the January 2022 state letting. If the forms are amended by IDOT, the Mayor and City Clerk will execute the most current forms.
IDOT requires a Resolution to Appropriate the REBUILD Illinois Bond Funds prior to their expenditure for approved projects. The Resolution for Improvement - BLR 09110 (Exhibit ‘C’) appropriating REBUILD Illinois Bond Funds in the amount of $1,095,370.00 is attached. The resolution amount is higher than the anticipated City’s share in order to cover front funding the Construction Engineering cost.
The REBUILD Illinois Bond Fund is a grant program using proceeds from general obligation (transportation, series A) bonds authorized in the REBUILD Illinois capital program to provide Local Agencies with the funds for transportation improvement projects. At this time IDOT intends to award and disburse REBUILD Illinois grants twice each year over a period of 3 years. The City has received 2 payments in 2020, 2 payments in 2021, and the remainder are anticipated to be received in 2022. The City is estimated to receive $13,042,322.82 in total over this 3 year period. The funds can only be used on bridge and major highway projects that provide an average useful life of greater than or equal to 13 years.
The 2022 City Budget is anticipated to provide for sufficient funds in Account 203-4460-431.79-99 (GB149, East New York Street 3R - Ohio St. to Farnsworth Ave.). The proposed 2022 budget will be amended to change the funding source from Account 203 (Motor Fuel Tax) to Account 202 (REBUILD Illinois Bond Fund).
IMPACT STATEMENT:
Construction is expected to begin in April and be completed by October. Outside lane closures will take place during construction. Roadway traffic will be reduced to one lane in each direction 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 ________________
title
A Resolution authorizing the execution of a Local Public Agency Agreement for Federal Participation with the State of Illinois, the execution of a Phase 3 Construction Engineering Agreement with V3 Companies, Ltd. in the not to exceed amount of $246,070.00, and the appropriation of $1,095,370.00 of REBUILD Illinois Bond Funds for the East New York Street Resurfacing (Ohio St to Farnsworth Ave) 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 resurface East New York Street from Ohio Street to Farnsworth Avenue. The project has a State Job Number: C-91-189-21, Federal Project Number: 8VQV(204) and MFT Section Number: 21-00338-00-RS.
WHEREAS, the East New York Street Resurfacing Project has been awarded Surface Transportation Program - Local (STU) federal funding in the amount not to exceed $750,000.00 for Construction and Construction Engineering.
WHEREAS, the use of federal funds requires the City to execute the Local Public Agency Agreement for Federal Participation with IDOT by way of appropriating the funds in the amount of $849,300.00 (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 V3 Companies, Ltd., 7325 Janes Avenue, Woodridge, IL 60517, by way of appropriating funds in the not to exceed amount of $246,070.00 (front funding Construction Engineering) of which the agreement is attached, and
WHEREAS, there is a need to appropriate REBUILD Illinois Bond Funds (MFT Section #21-00338-00-RS) funds for this project in the amount of $1,095,370.00, a copy of which resolution is attached for approval, and
WHEREAS, the 2022 City Budget is anticipated to provide for sufficient funds in Account 203-4460-431.79-99 (GB149, East New York Street 3R - Ohio St. to Farnsworth Ave.). The proposed 2022 budget will be amended to change the funding source from Account 203 (Motor Fuel Tax) to Account 202 (REBUILD Illinois Bond Fund).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Local Public Agency Agreement for Federal Participation 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 V3 Companies, Ltd. in substantially the same form as attached to this Resolution as Exhibit 'B' in the amount of two hundred forty six thousand seventy dollars and zero cents ($246,070.00) shall be and hereby is approved; and further
BE IT RESOLVED, that one million ninety five thousand three hundred sevenety dollars ($1,095,370.00) of available REBUILD Illinois Bond Funds, Motor Fuel Tax Section Number 21-00338-00-RS shall be and hereby is appropriated for the purposes set forth in this resolution; 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 the document entitled “Resolution for Improvement Under the Illinois Highway Code, Form (BLR 09110)” attached to this Resolution as Exhibit 'C'.