R2026-152 Resolution Appropriating Additional Motor Fuel Tax Funds for the Construction Maintenance Agreement with the Illinois Central Railroad for the Brush College Road Grade Separation Project, 2009-33, Section 09-00933-01-BR

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Council Memo Public Works Department No. 2026-67 DATE: 7/20/2026 TO: Honorable Mayor Julie Moore Wolfe and City Council Members FROM: Melissa Hon, City Manager Matt Newell, Director of Public Works SUBJECT: Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project City Project 2009- 33 Section 09-00933-01-BR SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached Resolution authorizing the Mayor to sign and the City Clerk to attest to the appropriation of an additional $90,000 to the $976,481 already appropriated, for a total of$1,116,481 in State Motor Fuel Tax(MFT) funds for the Construction Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project. BACKGROUND: The Illinois Department of Transportation opened bids on the Brush College Grade Separation Project on June 16, 2023. The low bid was provided by the joint venture of William Charles Construction Company, LLC and White Construction, LLC for$68,927,123.81. As part of the construction of the grade separation structure, the City entered into construction agreements with the two railroad companies affected by the project, the Norfolk Southern Railway Company and the Illinois Central Railroad Company. Both railroad agreements require that the City pay the actual costs incurred by the railroad for their participation in the project regardless of the estimated amounts stated in the agreements. In November 2025 the Illinois Central exceeded their estimated expenditure of$776,481 prepared in 2021. The City was not able to get the Illinois Central to provide an updated estimate, so to avoid delays, increased the State MFT appropriation for the Agreement by $200,000. The Illinois Central Railroad has been more cooperative this time around and has recommended a remaining amount that should be covered by the appropriation of an additional$90,000. The additional funds appropriated beyond the original $776,481 may not be eligible for reimbursement unless additional funds are available at the conclusion of the project. LEGAL REVIEW: PRIOR COUNCIL ACTION: July 19, 2021: City Council approved Resolution R2021-127 authorizing a Construction Maintenance Agreement with Illinois Central Railroad Company for Brush College Road Grade Separation Project for a cost of$776,481. December 1,2025: City Council approved Resolution R2025-311 Appropriating an additional $200,000 for the Construction Maintenance Agreement with the Illinois Central Railroad Company for Brush College Road Grade Separation Project for a total cost of$976,481.