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TO: Mayor Richard C. Irvin
FROM: Robert Greene, City Traffic Engineer
DATE: March 10, 2022
SUBJECT:
Resolution authorizing the execution of a Local Public Agency Agreement for Federal Participation with the State of Illinois, Phase 1 Engineering Agreement with HR Green, Inc., maximum amount of $159,688.00, and appropriating Motor Fuel Tax Funds, for Montgomery Road Multi-Use Path Extension-Middlebury Drive to IL Route 59 Project.
PURPOSE:
To execute the Local Public Agency Agreement/Joint Funding Agreement by reserving funds for the local agency share of the project cost, to approve the Phase 1 Engineering Agreement with HR Green, Inc., and to Appropriate Motor Fuel Tax (MFT) Funds for MFT Section #21-00342-00-BT by Illinois Department of Transportation (IDOT) Resolution.
BACKGROUND:
The City has been actively working on improving the bicycle and pedestrian facilities for its residents, commuters, visitors and recreational trail users. As part of this improvement, Montgomery Road has been enhanced with off-street multi-use path between Waubonsie Creek Trail and Middlebury Drive, this portion of the path was built through a previously awarded CMAQ grant program and the project is complete. In order to further the bike-ped connectivity, we are now looking at expanding the multi-use path from Middlebury Drive to IL Route 59 on Montgomery Road.
DISCUSSION:
The City applied for Illinois Transportation Enhancement (ITEP) Grant program for extending the multi-use path on Montgomery Road between Middlebury Drive and IL Route 59. The ITEP award was granted to City, in the not to exceed amount of $1,608,525.00. All phases of engineering (Phase 1, 2, 3 including construction) are eligible for both federal and state funding and is a 80 (federal fund)/ 10 (state) / 10 (local share) split.
The ITEP grant requires all phases of the project fully obligated within 4 years of the award notification letter or funds will be rescinded. The award letter for this project was issued in June 2021.
The proposed improvements include constructing an 8-10 feet wide off-street multi-use path on Montgomery Road between Middlebury Drive to the west and IL Route 59 to the east, other improvements will involve striping, signage, drainage and restoration.
A Qualification Based Selection (QBS) process was published on 7/6/2021 for Montgomery Road Multi-Use Path Extension - Middlebury Drive to IL Route 59 Phase 1 Engineering services. Sixteen (16) firms submitted their qualifications by 8/6/2021. Staff reviewed the qualifications submitted and determined that HR Green, Inc. was the most qualified with the top 3 firm's scores attached as Exhibit 'D'. The exhibit also has a breakdown of the selection criteria and weighting and the score breakdowns in each category. HR Green, Inc. and their proposed phase 1 team have successfully completed Phase 1 Preliminary engineering services for many federally funded projects. The attached Phase 1 Engineering Agreement (BLR 05530) from HR Green, Inc. in the amount of $159,688.00 noted as Exhibit 'B' will provide a complete preliminary engineering services for this project. The City also has an option to utilize the same firm for Phase 2 Design Engineering service, provided the company's (HR Green, Inc.) work is satisfactory, a separate resolution will be prepared at the time for Council's approval.
The Request for Qualifications process and is not subject to the local preference policy. The funding source, federal funds, is not subject to the local preference policy.
IDOT requires the City to execute the Local Public Agency Agreement (Joint Funding Agreement). Phase 1 engineering costs needs to be front funded by the City and will be later reimbursed by IDOT. Due to the extensive agreement processing time by IDOT, staff has opted to go for a Section 1440 processing. A traditional agreement approval process by IDOT takes 6 months to over a year to get the notice to proceed to kick start Phase 1 or 2 engineering services.
Section 1440 allows the local agency to get started with preliminary engineering services prior to Federal/State authorization of the Phase 1 engineering fund. However, the City, needs to wait to ask for reimbursement until the agreements are reviewed & executed by IDOT. Staff is optimistic that Section 1440 processing should speed up the process and should help in completing all phases of engineering and let the project within the 4-year deadline of the award notice.
The total cost of the project is estimated at $1,787,270.00 (Includes Phase 1, 2, 3 and construction). Phase 1 engineering cost is estimated at $159,688.00.
Currently, both Exhibit 'A' and Exhibit 'B' are drafts that would be reviewed by IDOT. Since City has opted for Section 1440 processing, these exhibits will need to be executed by City to start phase 1 engineering service. If the forms are amended by IDOT or CBLRS (Central Office), the Mayor and City Clerk will execute the most current forms.
Section 1440 approval by IDOT is attached as Exhibit 'E'.
IDOT requires a Resolution to Appropriate the MFT Funds prior to their expenditure for approved projects. The Resolution for Improvement - BLR 09110 (Exhibit ‘C’) appropriating MFT Funds in the amount of $159,688.00 is attached.
The 2022 City budget provides the funds through the following account:
GB140 Montgomery Road MUP Extension to Route 59 203 4460 431 79 99 $160,000.00
IMPACT STATEMENT:
No Impact anticipated at this time.
RECOMMENDATIONS:
Staff recommends approval of agreements and appropriation of MFT funds.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the execution of a Local Public Agency Agreement for Federal Participation with the State of Illinois, Phase 1 Engineering Agreement with HR Green, Inc., maximum amount of $159,688.00, and appropriating Motor Fuel Tax Funds, for Montgomery Road Multi-Use Path Extension-Middlebury Drive to IL Route 59 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 intends to improve bicycle and pedestrian facilities for better connectivity and accessibility to regional and local trails and this project looks at improving a segment of Montgomery Road between Middlebury Drive and IL Route 59, project is approximately 1.75 miles in length, with the proposed 8-10 feet wide off-street asphalt path on Montgomery Road between the project limits. The project has a State Job Number: P-91-043-22, Federal Project Number: 3Y2G (978) and MFT section number: 21-00342-00-BT.
WHEREAS, the Montgomery Road Multi-Use Path Extension - Middlebury Drive to IL Route 59 has been awarded Illinois Transportation Enhancement Program grant funds (ITEP) federal/state funding in the amount not to exceed $1,608,525.00 for all 3 phases of engineering including construction.
WHEREAS, the use of federal funds requires the City to execute the Local Public Agency Agreement with IDOT of which the agreement is attached (Exhibit 'A').
WHEREAS, the use of federal funds requires the City to execute the Phase 1 Preliminary Engineering Agreement with HR Green, Inc. 2363 Sequoia Drive, Suite 101, Aurora, IL 60506, by way of appropriating funds in the not to exceed amount of $159,688.00 (front funding Phase 1 cost) of which the agreement is attached as Exhibit 'B'.
WHEREAS, pursuant to Section 1440 of the Fast Act, the City must wait to ask for federal reimbursement of engineering services until Exhibit 'A' and Exhibit 'B' are reviewed & executed by IDOT.
WHEREAS, there is a need to appropriate Motor Fuel Tax (MFT # 21-00342-00-BT) funds for this project in the amount of $159,688.00, a copy of which resolution is attached (Exhibit 'C') for approval.
WHEREAS, the 2022 City budget provides the funds through the following account:
GB140 Montgomery Road MUP Extension to Route 59 203 4460 431 79 99 $160,000.
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 1 Preliminary Engineering Agreement with HR Green, Inc. in substantially the same form as attached to this Resolution as Exhibit 'B' in the amount of one hundred fifty nine thousand six hundred eighty eight dollars and zero cents ($159,688.00) shall be and hereby is approved; and further
BE IT RESOLVED, that One Hundred Fifty-Nine Thousand Six Hundred Eighty Eight Dollars ($159,688.00) of available MFT Funds, Motor Fuel Tax Section Number 21-00342-00-BT 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'.