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TO: Mayor Richard C. Irvin
FROM: Ian Wade, Capital Projects Manager
DATE: September 26, 2024
SUBJECT:
A Resolution authorizing a payment to Kane County Division of Transportation in the amount of $94,445.88 for the City's 50% cost share of recent major roadway repairs to Orchard Road and the execution of an Intergovernmental Agreement between the City of Aurora and the County of Kane for Orchard Road Fence Replacement
PURPOSE:
To authorize a payment to Kane County Division of Transportation in the amount of $94,445.88 for the City's 50% cost share of the major roadway repairs recently performed and execute a new Intergovernmental Agreement (IGA) with the County of Kane to replace the fence along Orchard Road between Indian Trail and Prairie Street.
BACKGROUND:
On November 10, 1992, the City and the County entered into an Amended Memorandum of Agreement concerning joint construction of the Kane County Highway No. 83 (Orchard Road). This agreement, which superseded "certain Agreements pertaining to this subject dated January 15, 1974 and April 15, 1985" and is attached as "Exhibit B", was approved by the City of Aurora via Resolution R92-499 on December 1, 1992 and stated that "major road repair and resurfacing will be shared 50%/50% City/County". This cost share has been applied to several projects over the years and is the basis for approval of the requested payment of $94,445.88 for recent patching, curb replacement, and signage repairs (see attached invoice from Kane County ("Exhibit C")).
As part of the widening of Orchard Road in 2004, the County, at the City's request, included the construction of approximately 63,300 square feet of wooden privacy fence at various locations between Indian Trail and Prairie Street as shown on the attached map ("Exhibit D"). The City has been responsible for ongoing maintenance of the fence as required per the 1992 IGA, making annual repairs including the replacement of broken and/or deteriorated planks and posts. Both the City and County, however, believe that those repairs are no longer sufficient, as continued normal wear and tear and natural deterioration have caused the fence to approach the end of its useful and serviceable life.
In order to get an estimate of the funding necessary to replace the fence, the City enlisted HR Green in 2017 to provide an opinion of probable cost for three options: replacement of the existing wood fence in kind, a new pre-cast/pre-stressed concrete panel wall, and a new IDOT sound wall. Following the evaluation of HR Green's opinion of costs, the City determined that the wood fence replacement would be functionally inadequate and the IDOT sound wall would not be cost effective. Therefore, it was determined that the best choice is the pre-cast, prestressed concrete panel wall at a (recently updated) estimated cost of $4,071,000 (which includes engineering and construction). The standard plan details for this type of wall are included as "Exhibit E".
Over the past decade, City Administration and Alderman Carl Franco have actively sought outside funding assistance to help cover as much of the cost of replacing the fence as possible. These efforts have resulted in securing $1.3M from four separate grants from the State of Illinois Department of Commerce and Economic Opportunity which will be combined with $500,000 in accumulated Ward Funds to be contributed by Alderman Franco.
DISCUSSION:
Since replacement of the fence was not specifically addressed in the 1992 IGA, City and County staff engaged in iterative negotiations to facilitate a viable arrangement to cover the remaining costs of replacement of the fence and ultimately drafted a new IGA. This new IGA, which is attached as "Exhibit A", states that both the City and County will cover 50% of the estimated cost of engineering and construction of replacement of the existing wooden fence in kind ($1,018,000 each). The premium for upgrading to the pre-cast, pre-stressed panel wall will then be the responsibility of the 74 owners of the properties directly abutting the fence. After reducing this amount by the $1.8M secured from the State and Alderman Franco, the remaining balance of approximately $235,000 will be paid through a Special Service Area agreement to be proposed to the 74 owners this Fall.
The $94,445.88 in recent repairs will be paid using account 340-4060-431.73-91, which has a current balance of $703,128.88.
IMPACT STATEMENT:
Execution of this IGA is necessary to facilitate the construction of the proposed wall. Replacement of the existing fence will provide significant improvements in noise reduction, safety, and appearance for not only the 74 owners directly impacted, but all users of Orchard Road. Further, replacing the wooden fence with a concrete wall which has a service life of over 50 years will mostly eliminate the need to provide recurring repairs and maintenance to the fence, which have averaged approximately $8,000 per year.
RECOMMENDATIONS:
I request the proposed resolution be adopted.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing payment to Kane County Division of Transportation in the amount of $94,445.88 for the City's 50% cost share of recent major roadway repairs to Orchard Road and the execution of an Intergovernmental Agreement between the City of Aurora and the County of Kane for Orchard Road Fence Replacement.
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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 of Aurora (hereinafter "CITY") and the County of Kane (hereinafter "COUNTY") are each legal entities organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform the undertaking described herein; and
WHEREAS, the CITY and COUNTY are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided for in 5 ILCS 220/1, et seq.; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7, Section 10 of the 1970 Constitution of the State of Illinois include fostering cooperation among units of local government in planning and providing services to their constituents; and
WHEREAS, the CITY and COUNTY entered into an Amended Memorandum of Agreement concerning joint construction of the Kane County Highway No. 83 (Orchard Road) on November 10, 1992 stating that the costs for major road repair and resurfacing will be shared (50% each); and
WHEREAS, recent major road repairs were performed by the COUNTY, with the CITY's share ($94,445.88) to be paid using account 340-4060-431.73-91, which has a current balance of $703,128.88; and
WHEREAS, the fence constructed by the COUNTY along portions of Orchard Road in 2004 has reached the end of its useful and serviceable life; and
WHEREAS, the CITY and COUNTY partnered to draft a new Intergovernmental Agreement to address cost sharing for the replacement/upgrade of the fence; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: payment to Kane County Division of Transportation in the amount of $94,445.88 for the City's 50% cost share of recent major roadway repairs to Orchard Road and the execution of an Intergovernmental Agreement between the City of Aurora and the County of Kane for Orchard Road Fence Replacement are authorized.