HomeMy WebLinkAbout02-290 Resolution No. 02-290
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE
COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY
FOR THE NATIONAL STREET TRAIN STATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with the
Illinois Department of Transportation and Metra, Commuter Rail
Division of the Regional Transportation Authority for
improvements to the National Street train station, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 14 , 2002
Adopted: August 14 , 2002
Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Illinois Department of Transportation
2300 South Dirksen Parkway/ Springfield, Illinois /62764
October 25, 2002
City of Elgin
Section 98-00163-00-GL
Job No. C-91-452-01
Ms. Dolonna Mecum
City Clerk
150 Dexter Court
Elgin, IL 60120
Dear Ms. Mecum:
The joint agreement for the subject section was executed by the department on
October 25, 2002. Your copy of the executed agreement is attached.
Sincerely,
Darrell W. McMurray, P. E.
Engineer of Local Roads and Streets
cjc_LAA—Ais c=g0--tA.4 JLA_____
By: Larry D. Houser
Local Project Implementation Engineer
cc-
Joseph Evers, Mun. Engr.
John P. Kos Attn: Nancy Magnus
David G. Campbell Attn: Clarence Crowder
Christine Reed Attn: Chuck Schmitt
Neil D. Ferrari
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•
Metra
• Section No.: 98-00163-00-GL
Job No.: C-91-452-01
Kane County
AGREEMENT
THIS AGREEMENT is entered into this 0('- •-4-L.,\. day of . , 2(t8-A.D. by and
between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION, hereinafter called the STATE, the Commuter Rail Division of the
Regional Transportation Authority, a Division of an Illinois Municipal Corporation,
hereinafter called METRA, and the CITY OF ELGIN, in the County of Kane in the State of
Illinois, hereinafter called the CITY.
WITNES SETH
WHEREAS, the parties hereto, in the interest of the safe and efficient movement of
vehicular and pedestrian traffic, are desirous of constructing and widening National Street at
the Milwaukee District-West line commuter station by implementation of construction work
consisting of bituminous pavement, curb and gutter, storm sewers and all other appurtenant
items, said improvements to be identified as Section 98-00163-00-GL and STATE Job No.
C-91-452-01, Operation GreenLight Project, and hereinafter referenced to as the PROJECT;
and
WHEREAS the parties hereto are desirous of said PROJECT in that same will be of
immediate benefit to the residents of the area and permanent in nature; and
WHEREAS, the Parties Hereto wish to avail themselves of certain funds appropriated from
the Operation GreenLight Fund to the Department of Transportation for this PROJECT;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
hereto agree as follows:
I. METRA AGREES;
1. To prepare plans, specifications and contract documents, receive bids and award
the contract for the construction of the PROJECT, furnish or cause to be furnished
the resident engineer together with the construction guidance,proportioning of
materials and inspection during construction, provide acceptance sampling and
testing of materials in accordance with the Standard Specifications for Road and
Bridge Construction Project Procedures and Guide and methods prescribed by the
STATE, and cause the project to be built following MFT procedures as found in
the Administrative Policies of the Bureau of Local Roads in accordance with the
approved plans, specifications and contract as approved by the STATE.
1
Metra
Section No.: 98-00163-00-GL
Job No.: C-91-452-01
Kane County
2. To maintain, for a minimum of 3 years after completion of the contract, adequate
books, records, and supporting documents to verify the amounts recipients, and
uses of all disbursements of funds passing in conjunction with the contract; the
contract and all books, records, and supporting documents related to the contract
shall be available for review and audit by the Auditor General; and METRA agrees
to cooperate fully with any audit conducted by the Auditor General and to provide
full access to all relevant materials. Failure to maintain the books, records, and
supporting documents required by this'section shall establish the presumption in
favor of the STATE for the recovery of any funds paid by the STATE under the
contract for which adequate books,records, and supporting documentation are not
available to support their purported disbursement.
II. THE CITY AGREES
1. To certify to the STATE that all necessary right-of-way has been obtained (if right-
of-way is required) or that no additional right-of-way is required.
2. To retain jurisdiction and maintenance of the completed improvement.
3. To exercise its franchise rights to cause private utilities to be relocated at no
expense to the STATE.
III. THE STATE AGREES:
1. To furnish off-site material inspection and testing, at sources normally visited by
STATE inspectors.
2. To regulate or cause to be regulated, on a continuing basis, the use of highway
right-of-ways by utilities in the manner set forth in the current "Utility
Accommodation Policy For All Federal-Aid Work and MFT Construction Projects
on County and Township Highways and Municipal Streets in Illinois".
2
Metra
Section No.: 98-00163-00-GL
Job No.: C-91-452-01
Kane County
IV. IT IS MUTUALLY AGREED;
1. The disposition of encroachments, if any, shall be cooperatively determined by
representatives of the CITY, METRA and the STATE.
2. That the estimated Division of Costs of the PROJECT are:
TYPE OF WORK STATE METRA CITY TOTAL
Construction $1,000,000 - $0 - - $0 - $1,000,000
TOTAL $1,000,000 - $0 - - $0 - $1,000,000
3. The STATE agrees to pay 100 percent of the construction costs up to a maximum
amount of $1,000,000 for the PROJECT from Operation GreenLight Funds. Any
funds required to complete the PROJECT in excess of the $1,000,000 will be the
responsibility of METRA. The STATE will reimburse METRA for ninety percent
(90%) of its share of the construction costs upon award of the contract and receipt
of a letter certifying such award and requesting said payment. The remainder of
the STATE'S obligation shall be paid upon final inspection and acceptance of the
PROJECT by the STATE and CITY.
4. This agreement and the covenants contained herein shall become null and void in
the event a contract covering the work contemplated herein is not awarded prior to
January 1, 2004
5. This agreement shall be binding upon and inure to the benefits of the parties, their
successors and assigns.
6. Obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or
applicable Federal Funding source fails to appropriate or otherwise make available
fund for the work contemplated herein.
3
` Metra
Section No.: 98-00163-00-GL
Job No.: C-91-452-01
Kane County
IN WITNESS WHEREOF, the parties have caused this agreement to be executed in
quintuplicate counterparts, each of which shall be considered as an original, by their duly
authorized officers as of the dates below indicated.
•
Executed by METRA, Metra, Commuter Rail Division of
the Regiona - . . . ion Authority
20 day of Ai ysfi , 20 02_ By: a�
!--' -.. i utive D. - .
APPROVED BY STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
THE STATE OF ILLINOIS
By the Department of Tra portation
if
BY: ,,Y,,, c` � :C' B . :e .St
irector of Highways , - By ,0
•', .r- -�: ce&Administration
By ) Itrr :1 R, 9.1ccuppx,
to`_ 7c.
Chief Counsel
Date /
Executed by the city of Elgin, City of Elgin, a municipal
corporation
111-11 day of / uG us T , 20 By: . NtS,410.41....,�
City Manag:
e)
ATTEST:
i'effeth"-•'"Q ina€A,4^—
City Clerk .
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Rev. 3/2002
ADDENDUM
For contracts awarded by the LOCAL AGENCY, the LOCAL AGENCY. shall not discriminate
• on the basis of race, color, national origin or sex in the award and performance of any USDOT-
assisted contract or in the administration of its DBE program or the requirements of 49 CFR part
26. The LOCAL AGENCY shall take all necessary and reasonable steps under 49 CFR part 26
to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. The
LOCAL AGENCY's DBE program, as required by 49 CFR part 26 and as approved by USDOT,
is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to
carry out its approved program, the department may impose sanctions as provided for under
part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001
and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence
of a USDOT-approved LOCAL AGENCY DBE Program or on State awarded contracts, this
Agreement shall be administered under the provisions of the STATE's USDOT approved
Disadvantaged Business Enterprise Program.
0 °F Etc
Cityof Elgin Agenda Item No.B (0'4
46, - g
Do, E
L
G
August 9, 2002
,:7
TO: Mayor and Members of the City Council FINANCIALIYSTABIECITYcwErwn;
EFFICiFNT SERVICES.
ENT
AND QUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Joint Agreement with METRA for National Street Train
Station Improvements
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to authorize the
execution of a joint agreement with METRA for improvements at
the National Street Train Station.
BACKGROUND
METRA has submitted plans for the expansion of the National
Street Train Station which will be funded by an Operation
Greenlight Project grant from the Illinois Department of
Transportation. The project will include improvements within the
City' s right-of-way that will become the City' s to maintain. The
subject agreement (attached) is required by IDOT and includes
the necessary provisions to allow METRA to make modifications to
the existing improvements and for the City to accept these
improvements for maintenance.
The plans indicate modifications to the City' s National Street
Bridge, minor utility changes and pavement improvements . The
Engineering Division staff have reviewed the plans and found the
improvements to be in accordance with the accepted codes and
specifications. It is clearly stated in the agreement that
there will be no costs to the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
METRA.
Joint Agreement With METRA - National St . Train Station
August 9, 2002
Page 2
FINANCIAL IMPACT
There are no additional maintenance costs to the City Of Elgin
as a result of the Metra improvements.
WAP EGAL IMPACT
The agreement is being reviewed by the Legal Department .
ALTERNATIVES
1. The City may reject the agreement, the grant will not be
awarded to METRA and the project may not be completed.
2 . The City may accept the agreement, the grant will be
awarded to METRA and the project will be completed.
RECOMMENDATION
rIt is recommended that the City Council approve the agreement
and authorize staff to execute the agreement .
Respectfully submitted,
me-
Olufemi F 1"arin '
Inte 'm Ci y n ger
JE:do
Attachment
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