R2023-95A Resolution Rescinding a Local Public Agency Agreeement with Federal Participation of Brush College Road /Faries Parkway Railroad Grade Separation

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5/10/23,3:06 PM Item Coversheet $62.59 million Joint Funding Agreement for Construction Work between the State of Illinois and the City of Decatur. This agreement establishes the currently approved funding for the project and will allow bids to be received and construction to begin under the direction of the State of Illinois with day-to-day project management by the City with State and Federal reimbursement as outlined in the agreement and detailed on Table 1. Construction Engineering A significant component of the Agreement is the Local Public Agency Engineering Services Agreement with AECOM to manage the day-to-day construction oversight for the planned 3-year project. The construction engineering component is just under 8%of the expected construction cost,which is lower than the 10%-12%which would normally be anticipated on this type of a project. A detailed scope of services is provided in the agreement. The work includes: • Coordination with the City and affected businesses including the railroads. • Approval of Contractor prepared drawings and materials. • Construction observation and documentation in accordance with Federal and State requirements. • Preparation of"as-built"plans. Project Funding A complete outline of the current funding for the overall project is detailed on Table 1 in the Appendix. Of note,the project was pushed forward so quickly,the Joint Funding Agreement was put together and went through the IDOT approval process prior to the preparation of the final project estimate. The final project estimate was about$6.3 million higher than the estimate used for the Joint Agreement. Table 1 shows the overall funding based on the final construction project estimate of$63.7 million,which includes the two railroad agreements. Additional funds and proposed funding shown in Table 1 include: • Under the agreement with the Norfolk Southern Railway Company,the City will be reimbursed$1 million at the conclusion of this project. • On May 1,the City entered a Supplemental Petition with the Illinois Commerce Commission(ICC)to request an additional $5 million in Grade Crossing Protection Funds for the project. The ICC has indicated a willingness to provide requested additional funding. The plan is to have a Supplemental Order in place by the end of June. • City staff is preparing final documents with the Federal Railroad Administration(FRA)on an agreement for a$2 million Congressional Earmark provided by Senator Tammy Duckworth. This agreement should be finalized within the next two months. The City continues to work with our Transportation Consultant,Ann Schneider,to find additional funding sources to relieve the City's funding obligation. There is time to secure added funding as the State will normally pay for the project using Federal and State funds first and then seek the City funds toward the end of the project. PRIOR COUNCIL ACTION: See Appendix A for prior Council action on this item. POTENTIAL OBJECTIONS: There are no known objections. INPUT FROM OTHER SOURCES: AECOM,Illinois Department of Transportation SCHEDULE:DESIGN AND CONSTRUCTION: The project bid letting is planned for June 16,2023. Construction should begin within 2-3 months of the letting. The estimated time of construction is 36 months. STAFF REFERENCE: Matt Newell,Public Works Director or Paul Caswell,City Engineer.Paul Caswell will attend the City Council meeting to answer any questions of the Council on this item. https://decatur.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=4370 2/3