HomeMy WebLinkAbout01-182 Resolution No. 01-182
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE COUNTY OF KANE FOR THE MCLEAN BOULEVARD WIDENING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, 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 County of Kane for the McLean Boulevard widening
project, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Adopted: June 27, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
KANE COUNTY
DIVISION of TRANSPORTATION
Jeffrey S. Dailey, P.E. 41W011 Burlington Road
...............
Director of Transportation . .. c................. St. Charles, IL 60175
County Engineer
c;4. .....***..•••••••• c)4,\ Phone: (630) 584-1170
5 , i ORGANIZED .. s : Fax: (630) 584-5265
,....)
•...t%,...:4N.16,00," 4,1
-.et,,,ILINto:
DATE: July 24, 2001
TO: Joe Evers
City of Elgin
150 Dexter Court
Elgin, IL 60120
FROM: % --.
Paul Rogowski, eputy Director
SUBJECT: McLean Boulevard
1 —Executed Intergovernmental Agreement for above-named subject
1 —Copy of Kane County Resolution No. 01-254
TRANSMITTED FOR:
(X ) YOUR INFORMATION AND FILE
( ) YOUR APPROVAL AND/OR CORRECTION
( ) AS REQUESTED
( ) SEE BELOW
REMARKS:
Tpg2aT (D
JUL 2 5 2001
CITY OF ELGIN
ENGINEERING DEPT.
STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO. 01 - G,25
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN
FOR MCLEAN BOULEVARD IMPROVEMENTS
WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1
et seq. authorizes the County of Kane and the City of Elgin to cooperate in the performance of
their respective duties and responsibilities by contract and other agreements; and
WHEREAS, the City of Elgin and the County of Kane desire to improve McLean Boulevard
between Spartan and Hopps Road (Spring Street) within their respective adjacent jurisdictions;
and
WHEREAS, the City and County have entered into an existing agreement to cooperate in
the development and completion of a Phase I engineering study for the reconstruction of McLean
Boulevard between Spartan and Hopps Road (Spring Street) under Kane County Resolution No.
98-205; and
WHEREAS, the City and the County desire to continue to improve McLean Boulevard by
developing responsibilities of each entity for the final design, right-of-way, and construction
phases of the project; and
WHEREAS, the County and the City desire to perform these responsibilities as
contemplated in that it will be of immediate benefit to the citizens of the County of Kane in that
it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the
motoring public and shall be permanent in nature.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman
thereof is hereby authorized to execute an intergovernmental agreement with the City of Elgin for
McLean Boulevard improvements.
BE IT FURTHER RESOLVED that the Kane County Board authorize the Chairman thereof
to appropriate an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) to pay
for said services from Local Option Tax Fund # 035, Line Item #50-13.
Passed by the Kane County Board on July 10, 2001.
C erk, County Board / Chairmen, County Boars
Kane County, Illinois Kane County, Illinois
Vote: STATE OF ILLINOIS . 1;j ?U _.
Yes 5 COUNTY OF KANE DATE T w U
No __
�__::f,,BeEnadine C.Murphy,Kane County Clerk and Keeper of the Records in Kane County,Illinois do
7 M C L N E LG.4 L H hereby'ceitify that'tpe attached is a true and correct copy of the original record on file.
In witness thereof,I have hereunto set my hand and affixed the Seal of the
County of Kane at my office in Genevvaa,o Illinois.•
Bernadine C.Murphy,Kane County Clerk
INTERGOVERNMENTAL AGREEMENT FOR THE MCLEAN BOULEVARD
WIDENING PROJECT
This Agreement entered into this /0 day of Ji4)ti 2001 by and between the County of
Kane (hereinafter the "County"), a body corporate anti politic of the State of Illinois and the City
of Elgin (hereinafter the "City"), a municipal corporation of the State of Illinois.
WITNESSETH
WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq.
authorizes the County and the City to cooperate in the performance of their respective duties and
responsibilities by contract and other agreements; and,
WHEREAS, the City and County desire to improve McLean Boulevard between Spartan Drive
and Hopps Road (Spring Street) within their respective adjacent jurisdictions; and,
WHEREAS, the City and County have entered into an existing agreement to cooperate in the
development and completion of a Phase I engineering study for the reconstruction of McLean
Boulevard between Spartan Drive and Hopps Road (Spring Street) under Kane County
Resolution No. 98-205; and,
WHEREAS, the City and the County desire to continue to improve McLean Boulevard by
developing responsibilities of each entity for the final design, right of way, and construction
phases of the project; and,
WHEREAS, the County and the City desire to perform these responsibilities as contemplated in
that it shall be of immediate benefit to the citizens of the County of Kane in that it shall facilitate
the safe and efficient movement of traffic and shall provide for the safety of the motoring public
and shall be permanent in nature.
NOW, THEREFORE, in consideration of the above preambles and the mutual promises and
covenants as contained herein and for other good and valuable consideration the sufficiency of
which is agreed to by the parties hereto, both the County and the City covenant, agree and bind
themselves as follows:
A. The "Project" is all work required for the 4 lane widening of McLean Boulevard from
approximately 400 feet north of the centerline of Spartan Drive to 350 feet south of
Sunbury. There shall be two sections defined for the implementation of design, right of
way, and construction. Section A is approximately 700 feet north of the centerline of
Bowes Road to approximately 400 feet north of the centerline of Spartan Drive. Section
B is from approximately 700 feet north of the centerline of Bowes Road to approximately
350 feet south of the centerline of Sunbury. See Attachment A.
B. The City and County shall pay 50% of local share for Phase II design services for the
entire Project above any Federal contribution. Federal money has been committed at the
time of this agreement in the amount of $250,000. Therefore, the City and County shall
divide equally the local share of any expense of design over $250,000. Final design costs
are estimated to be $575,000. Local share is any expense above the federal participation
of funds. Should the City decide to design using their own monies for Phase II and opt
out of the federal process, the City would not be eligible for any federal contribution for
the Phase II design services.
C. The City is to be the"lead agency" for the design, land acquisition, construction and
construction management of the "Project". The County shall be responsible for the
selection of the consulting design engineer. The City shall execute an agreement with a
mutually agreed consulting design engineering firm within 30 days of the selection. It is
understood that the City may opt out of the Federal process and bid Section A of the
improvements separately. In the event of such opting out, the City would still complete
the management of the design services agreement including Section B. The City shall
submit a letter in writing to the County, prior to the advertisement of bid, indicating to
exercise their option to be removed from the Federal process. The City shall pay the
consultant performing the design services for the County's portion of costs. The County
shall reimburse the City within 30 days of the approved invoice for the consulted design
services. A maximum of one invoice per month shall be submitted. All decisions
pertaining to the design of Section A shall be by the City. All decisions of design relating
to Section B shall be by the County.
D. The City is to bid and manage the construction of the entire Project. However if the City
opts out of the Federal process and decides to fund Section A entirely with local funds,
the City shall only be responsible for bidding and managing the Construction of Section
A. In that event, the County shall be responsible for bidding and managing Section B. If
the Project is bid as one project, the City shall execute an agreement with a mutually
agreed to consultant for full time construction management services within 30 days from
the selection or prior to the award of the construction contract, whichever is later. The
County shall be responsible for the selection of the consulting construction management
engineer.
The County has the right to review and approve any and all bids/proposals prior to its
award of the construction contract if the entire Project is bid as one bid.
E. The City shall be responsible to obtain and pay for all right of way necessary to construct
Section A. The County shall be responsible to obtain and pay for all right of way for
Section B except as stated in F below.
F. The City shall pay for all costs to design and obtain right of way north of the centerline of
Bowes Road. If the City chooses to construct the improvements outside of the Federal
process, the City shall be responsible for all costs associated within Section A. If the
Project is bid and awarded as one construction project (federal process with
approximately 2.7 allocated to Section A), the city shall be responsible for the costs of
items and quantities associated with the entire intersection improvement including the
southern leg to the end of the taper and east and west legs of Bowes Road. The City shall
reimburse the County within 30 days from the notice of the payment request.
G. The total "Project" estimate of cost is $12,458,783 (estimate of cost as determined by
Pavia-Marting January 2, 2001, Attachment B), which includes Phase II Design, Land
Acquisition, Construction, and Construction Management. Federal funds available for
construction are anticipated to be approximately $3 million. The County, City, and State
shall be responsible for all costs within their own jurisdiction (see Attachment A).
H. The County also may opt out of the Federal process. The County shall be responsible for
any Phase II costs up to the date of the"Notice of Cancellation"written to the City for
cancellation of Section B design services.
I. The County may phase their construction to construct less than the area of construction as
depicted by Attachment A of the total Section B.
J. The County and the City acknowledge that the provisions of this Agreement do not in
any way modify, amend, or relieve the City of any of its duties, responsibilities, or
obligations to the County pursuant to the terms of any other traffic signal maintenance
agreement(s).
K. This agreement shall be effective upon approval by the respective legislative bodies of
the County and the City.
L. The failure of either party hereto, at any time, to insist upon performance or observation
of any term, covenant, agreement, or condition contained herein shall not in any manner
be construed as waiver of any right to enforce any term, covenant, agreement, or
condition herein contained.
M. This agreement shall inure to the benefit of the parties hereto successors and assigns.
Dated at Geneva, Illinois this le' day ofJU/y , 2001 .
ATTEST: COUNTY OF KANE
i
By
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ounty Clerk, Kane County 1 Chai an, Kane Cou tyand
•
CITY OF ELGIN ATTEST:
By: By:
aP44-4__NexA.4.4---
ity anager, City of Elgin City Clerk
ElginMcLean060701 ElginsFinal
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ATTACHMENT A
Scope of Work
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| " 3. RECONSTRUCTION without BIKE PATH and
SIDEWALK ON ONE SIDE ONLY (Option 3)
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PROJECT COST
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TOTAL
State ofUUnois South Elgin PROJECT
U Item � Section Section • Elgin Section CO8T
CONSTRUCTION COST
(Incl. Contingency) $1.019.422.45 $4.898.361.08 $4.830.683.33 $10.749.346.86
� —
R.[).yV. Cost $35,250.00 $91,502.50 $184.925.00 $311.677.50
Phase II (Design P.S.E.) $52.233.62 $244.8G8�O5 $241,528.16 $538.728�83
,
Phase III (Construction
Inspection) $52.233.62 $244868.05 $241.528.16 5538.729.83
� �� . �
� TOTALS $1.159.139.69 $5,480,799.68 ''��Q�S8 S498.S44.G5 $12.138.484.02^`
NOTE..: Under this option, if the existing roadway materials are removed and used |nthe embankment,
�
the cost would be reduced by approximately $135,100, thereby, reducing the cost for Option 4 from
$9.688.935.50 to $9.653.835.50. The cost can be divided proportionately across each section.
~ 4. RECONSTRUCTION with BIKE PATH and
SIDEWALK ON ONE SIDE ONLY (Option 4)
PROJECT COST
� • TOTAL
State ofSouth Elgin . PROJECT
Item Section 'Section BQinGeotipn COST
� -
�
CONSTRUCTION COST
(Incl. Contingency) $1.039.371.12 $5,025,787.93 $4.800.581.83 $10.865.720.88
� R.O.NiCost $99,960.75 $162,370.00 $258,093.00 s620.423.75
�
Phase II (Desin P.S.E.) $56,966.60 $259.407.90 $257.932.74 $574,307.24
�
Phase III (Construction
�
Inspection) $56.966.60 $259.407.90 $257.932.74 $574.307.24
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TOTALS ��°51�263^�G5l)7. �if$5.706,973.73 _ $5.G7452O�31 &12j534.759]1
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NOTE..: Under this ootion, if the existing roadway materials are removed and used in the embankment,
the cost would be reduced by approximately $1 351 00, thereby, reducing the cost for Option 3 from
$10.038.126.45to59.901.026.45. The cost can be divided proportionately across each section
.
Page 3 of 15
OF
`. AAgenda Item No.
City of Elgin
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June 8 , 2001
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FINANCIALLY STABLE CITYGOVERNMENT
EFFKIENT SERVKES,
TO: Mayor and Members of the City Council AND QUALITY INFRASTRUCTURE
FROM: Joyce A. Parker, City Manager
SUBJECT: Final Engineering (Phase II) for South
McLean Boulevard Reconstruction
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider the acceptance of
an intergovernmental agreement with Kane County and an engineering
services agreement with URS, Inc . for the final engineering (Phase
II) of South McLean Boulevard.
BACKGROUND
The City and the County have been cooperating in an effort to
reconstruct South McLean Boulevard from Spartan Drive to Hopps
Road. The City has jurisdiction over the Spartan Drive to Bowes
Road portion. For several years this project has been included
within the Surface Transportation Program (STP) for funding
participation from the Federal government .
Unfortunately, this project is currently estimated much higher than
originally figured and, because of the City' s golf course project,
needs an accelerated construction schedule . Both the City' s and
the County' s portions of the project are now estimated at nearly
twice the cost anticipated when the respective agencies applied to
the STP. The current construction schedule for the project, per
the STP, has work starting in 2003 , which coincides with the
opening of the golf course . Staff is attempting to move the
construction start up to 2002 such that the project may be
substantially complete by the opening of the golf course . The loss
in golf course revenues is projected to be severe if this is not
accomplished.
F
South McLean Boulevard Reconstruction
June 8 , 2001
Page 2
The attached intergovernmental agreement and the engineering
services agreement are set up to satisfy the Illinois Department of
Transportation and the Federal regulators and to accelerate the
final engineering so as to be ready to bid in early 2002 . The
agreements have been structured to allow the flexibility to utilize
City and County funds only because to include the Federal process
would delay the start of the engineering until December. The
flexibility is there to allow for the possibility that the
respective staffs can convince the Federal regulators to reimburse
the City and County after the fact, or to convince the Federal
regulators to allow their funds budgeted for engineering to be
applied to the construction.
Because of the Federal rules and regulations, it may prove
impossible to start construction in 2002 AND use Federal funding.
If the entire project is designed and Federal funding proves
impossible, staff will utilize the plans and bid documents
completed by URS, Inc . with modifications to suit the City' s timing
but at entirely the City' s cost . The use of the County' s selected
engineer not only shortens the time frame for initiating final
engineering but the selected engineer is an Illinois Department of
Transportation approved firm using an IDOT approved format for an
engineering services agreement .
The County had selected an engineer for the Phase II engineering
but, due to workloads, cannot focus their efforts on the subject
project as well as the City. It is in the best interest of the
City to take over the engineering and see that the entire project
is completed, thereby offering an alternative access to the new
golf course . A greater value to the City may be seen if the County
completes their proposed Sterns Road/River bridge .
Right-of-way acquisition has not been considered as of yet, but if
it, too, should prove too cumbersome under the Federal process,
staff feels a modified reconstruction can be completed with little
or no acquisitions . Staff desires to continue the engineering
under the STP, thereby leaving open the option of using Federal
funding. Staff will continue to work diligently to have the
project ready to bid in early 2002 as well as continue efforts to
secure the Federal funding.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
rft. None .
.. .
South McLean Boulevard Reconstruction
June 8 , 2001
Page 3
FINANCIAL IMPACT
The engineering services agreement with URS, Inc . is in a not-to -
exceed amount of $527, 991 for both the City' s and the County' s
portions of South McLean Boulevard. In accordance with the
intergovernmental agreement with Kane County, the City' s portion of
this is $263 , 995 . 50 , with the other half to be reimbursed to the
City from Kane County. If this engineering can be considered under
the Federal process, the City' s portion will be further reduced by
50% ($131 , 997 . 75) .
The current funding for this project is as follows :
Account #275-0000-791 . 93-80, Project #339574 , 1998 $137, 000
Account #275-0000-791 . 93-80, Project #339574 , 1999 $ 87 , 443
Total $224 , 443
The shortfall of $39, 552 may be made up with excess funds from the
PI k Hopps Road Reconstruction project (account number 275-0000-791 . 93-
80, project number 339613) .
V\A1917i
- L GAL IMPACT
The agreements are still under review by the Legal Department .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the City Council authorize the City Manager
to execute the intergovernmental agreement with Kane County and the
Engineering Services Agreement with URS, Inc . in the amount of
$520, 000 .
(;)
R ectfully submitted,
J ct7trker
City Manager
?Pk
JE:do
Attachments