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HomeMy WebLinkAbout04-98 Resolution No. 04-98 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE WILDFLOWER PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the installation of wildflowers to enhance the roadway landscape entries into Elgin, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 14, 2004 Adopted: April 14, 2004 Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 04-98 PASSED: APRIL 14, 2004 SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE WILDFLOWER PROGRAM. SrttU Mt,SAU TO FROM SUBJECT 'y ef?•71'-Q‘,A, •3 0d -t 41.1 DATE g V �@. -�tfA{ . �.�'� .111 y- ? 4/e...L�f..CS�-�j//J1" _f f ✓ / s /d � tiQ� it + / .. Q c�^� �' Y Q tom'"'`c f { `"l. tit-• f �C../�-/ • f � 3 it L/ tli 44-4,‘ 'c4 crt 4-4-4 SIGNED � z /)'\\ C • t - WIISDRJOOes® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate INTERGOVERNMENTAL AGREEMENT This intergovernmental agreement is entered into this 13th day of February, 2004 by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the CITY OF ELGIN of the State of Illinois,hereinafter called the CITY, in accordance with the authority granted in sections 4-406 and 4-409 of the Illinois Highway Code. WITNESSETH: WHEREAS, the STATE and the CITY are desirous of improving a site which will be determined at a later date by both the CITY and the STATE,by planting wildflowers and other plantings, and by performing all other work necessary to provide an attractive roadside entering the community; and WHEREAS, the CITY has agreed to partner with the STATE in this project, to provide $5,000.00 in matching funds or services costing that amount of money; and WHEREAS, the STATE will reimburse the CITY up to $35,000 toward the cost of the work completed through the provisions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The CITY agrees to prepare plans and specifications, either receive bids and award a contract or use its own forces, furnish inspection during construction, and cause the landscaping to be installed in accordance with plans, specifications, and contract. 2. The STATE agrees to send a letter, prior to the CITY's commencement of work, approving the plans and specifications as prepared. 3. The STATE agrees to reimburse the CITY for the construction costs up to a maximum of $35,000, upon satisfactory completion of the work and receipt of an invoice. 4. The CITY agrees to provide to the STATE, a summary of the landscape quantities and costs at the time the invoice is presented for payment. 5. Upon completion of the landscaping work, the CITY agrees to maintain or cause to be maintained for two years, the landscaped areas. The STATE will reimburse the CITY for all maintenance costs up to $5,000.00 annually for two years. 6. The CITY agrees that maintenance of the landscaped areas includes eradication of all aggressive weed species and replacement of plant material as necessary, to the STATE's satisfaction. Should the CITY fail to provide satisfactory care to the landscaped areas, the STATE shall serve notice to the CITY of the deficiencies. The CITY shall, either correct the said deficiencies or with the approval of the STATE and in accordance with the applicable portions of the STATE's Standard Specifications for the Road and Bridge Construction remove the landscaping,replacing -2- it with sod or other materials as directed by the STATE. Upon acceptance of the grassed areas by the STATE,the STATE shall thenceforward maintain the grassed areas. Should the parties agree that the continued maintenance of the landscaped areas is beyond their financial and/or other means, the CITY may remove the landscaping, replacing it as specified above, with the STATE similarly accepting the grassed area maintenance subject to the aforedescribed conditions. 7. The CITY shall maintain, for a minimum of 3 years after the completion of the Project, adequate books,records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the Project shall be available for review and audit by the Auditor General and other STATE Auditors and the CITY agrees to cooperate fully with an audit conducted by the Auditor General and other STATE Auditors and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this paragraph shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under this Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 8. The CITY agrees to comply with all applicable Executive Orders and laws requiring Equal Employment Opportunity and non-discrimination in public works projects, and with all regulations required by the Illinois Department of Transportation. -3- 9. The CITY agrees that in the event any work is performed by other than CITY forces, the provisions of"an act regulating wages of laborers, mechanics and other workers employed in public works by the State, County, or any public body or any political subdivision or by any one under contract for public works"(Illinois Compiled Statutes, 820 ILCS 130/1) shall apply. 10. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 36- ,p._ 2 and it's doing business as a GOVERNMENTAL ENTITY, whose mailing address is �c�p 12EA-r-e_ ��T', L d.tJ J� i er Loo►Z0 11. Obligations of the STATE and CITY will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available funds for this contract. 12. This AGREEMENT and the covenants contained herein shall be null and void in the event the construction work contemplated herein is not completed within the three years subsequent to execution of the agreement. 13. This Agreement shall be binding upon and to the benefit of the parties hereto,their successors and assigns. -4- Attest: - By: Ed Schock Mayor City Clerk Date: a j, o y (SEAL) STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Timothy W. Martin Secretary of Transportation Date: -5- C, City of Elgin Agenda Item No. 1/6 rip Era February 20, 2004 - ^ 1 TO: Mayor and Members of the City CouncilREG REATtONAL LEISURE ANO C.,/URAL OPPORYLINITIES /( FOR ALL 01112 ENS FROM: David M. Dorgan, City Manager 1/" i Monica Meyers, Director of Parks And Recreation SUBJECT: Governor's Wildflower Initiative, Intergovernmental Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve an intergovernmental agreement with Illinois Department of Transportation (IDOT) for the installation of wildflowers to enhance the State of Illinois roadway landscape entries into Elgin. r RECOMMENDATION It is recommended that the City Council approve the intergovernmental agreement with the State of Illinois for the installation of wildflowers at entries to the City. BACKGROUND Governor Blagojevich has, as part of his administration's goals, made a priority the beautification of State roadways. Part of this priority is the installation of native wildflowers and grasses at entryways into various communities. The sites are selected to present and create a welcoming atmosphere for visitors into the community and promote a positive image for the State. IDOT will provide the city with $35,000 for the initial installation of the landscape material. The City will provide $5,000 in matching local funds or in kind services to qualify for the $35,000. This will make $40,000 available for the landscaping work. In addition, the City will receive $5,000 annually for two years to maintain and care for the plantings. The wildflowers plantings will consist of 75% native prairie flowers and 25% prairie grasses. Once established, the plant material will present a visually attractive landscape that is extremely low maintenance. The plants will take up to five years to reach their full visual impact and maturity. Once the agreement is approved, City staff will work with IDOT to identify locations for the plantings. Areas to be identified will coordinate with any future corridor improvements that the P&R Governor's Wildflower Initiative, Intergovernmental Agreement February 20, 2004 Page 2 City may be planning in the near future. The planting has to be completed by June of this year in order for the seeds to survive through the summer months and mature enough prior to winter. This planting schedule will not make it possible to complete any other concurrent corridor improvements. Close coordination of the flower planting with respect to future corridor improvements will attempt to resolve any potential conflicts. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Illinois Department of Transportation (ylf___, FINANCIAL IMPACT There are sufficient funds budgeted and available in the 2004 budget, Riverboat Fund, account number 275-0000-791.92-32, and project number 299502, Entry Corridor Beautification, in the amount of$400,000 to enter into this intergovernmental agreement totaling $40,000. The Illinois Department of Transportation will reimburse the City $35,000 upon completion of the project. The reimbursement will be reallocated to the Entry Corridor Beautification Project. \, LEGAL IMPACT The proposed agreement must be submitted to the legal department for review. ALTERNATIVES 1. It is recommended that the City Council approve the intergovernmental agreement with the State of Illinois for the installation of wildflowers at entries to the City. 2. Reject the agreement with the Illinois Department of Transportation and not install the wildflower plants. Respectfully submitted for Council consideration. JTB 0,24..., tieit ,„ i�%I sa-_.--k 4,: a ( - 1 I !?°/ MAL'-‘17 Ordinance No. S20-04 AN ORDINANCE VACATING A PUBLIC UTILITY ACCESS EASEMENT (2599 and 2525 Alft Lane) WHEREAS,the public interest will be served by vacating a public utility access easement in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a public utility access easement in the City of Elgin,Kane County,Illinois, legally described as follows: That part of a 20.00 foot utility access easement to the City of Elgin over parts of Lots 4 and 5 as platted in the Westfield Business Park,being a subdivision of part of the Northeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian Document No. 1931202,and recorded September 9, 1988, excepting there from the southerly 25.00 feet, being situated in the City of Elgin, Kane County, Illinois and containing 6,040.01 sq. ft., more or less. be and the same is hereby vacated. Section 2. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Schock, Mayor Presented: June 23, 2004 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk