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HomeMy WebLinkAbout22-153 Resolution No. 22-153 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING COSTS ASSOCIATED WITH THE ALFT LANE- RANDALL ROAD INTERSECTION IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, 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, regarding costs associated with the Alft Lane-Randall Road intersection improvements, a copy of which is attached hereto and made a part hereof by reference. _s/David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2022 Adopted: August 24, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Carl Schoedel, P.E. Director of Transportation County Engineer DATE: TO: FROM: SUBJECT: "NE COUNTY DIVISION of TRANSPORTATION 41WO11 Burlington Road St. Charles, It. 60175 Phone: (630) 584-1170 Fax: (630) 584-5265 October 12, 2022 Mike Pubentz, P.E. City of Elgin — Public Works Director 1900 Holmes Road Elgin, IL 60123-1200 Lisa Staciml�� f1� Sr. Admtr rve Officer Alft Lane -Randall Road Intersection Improvements 1 — Executed Intergovernmental Agreement for above -named subject. IIYM. WUM11iura91a[6]:ii (X) YOUR INFORMATION AND FILE ( ) YOUR APPROVAL AND/OR CORRECTION ( ) AS REQUESTED ( ) SEE BELOW STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO. 22 - 275 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN REGARDING COSTS ASSOCIATED WITH ALFT LANE- RANDALL ROAD INTERSECTION IMPROVEMENTS WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County of Kane (hereinafter the "County") and the City of Elgin (hereinafter "Elgin") to cooperate in the performance of their respective duties and responsibilities by contract and the other agreements; and WHEREAS, the County, in order to facilitate the free flow of traffic and ensure safety to the motoring public, desires to improve the intersection at Kane County Highway No. 34 (Randall Road) at its intersection with Alft Lane, (hereinafter the `Project"); and WHEREAS, the County and Elgin desire to enter into an intergovernmental agreement (a copy of which is on file with the County Clerk's Office) setting forth their respective duties, obligations, and benefits relating to and arising from the Project; and WHEREAS, the County and Elgin have determined a mutually satisfactory allocation of responsibilities and costs and benefits for the Project as set forth in the intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED that the Kane County Board hereby approves an intergovernmental agreement between the County of Kane and the City of Elgin for the Project and that the Kane County Board Chairman is hereby authorized to execute an intergovernmental agreement therefor. County Board on July 12, 2022. joirinp. cunrnngnam Clelf, County Board Kane County, Illinois Vote: [Unanimous] 22-07 RandallAtfilGA Corinne M. Pierog MA, N Chairman, County Board Kane County, Illinois AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN REGARDING COSTS ASSOCIATED WITH ALFT LANE-RANDALL ROAD INTERSECTION IMPROVEMENTS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the COUNTY OF KANE, an Illinois body corporate and politic organized and existing under the laws of the State of Illinois (hereinafter the "County"), and the CITY OF ELGIN, a home rule municipal corporation of Cook and Kane Counties, Illinois (hereinafter the "City"), relating to certain improvements to the City's Alft Lane and Kane County Highway No.: 34 (hereinafter "Randall Road") intersection (hereinafter sometimes the "Intersection") pursuant to the Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. and in accordance with the laws applicable to the parties, generally. WITNESSETH: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government, including municipalities and counties, to enter into contracts to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the County and the City are units of local government within the meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the "Intergovernmental Cooperation Act," authorizes units of local government in Illinois to, exercise jointly with any other public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of governmental services, activities and undertakings; and 1 WHEREAS, the County and the City are public agencies within the meaning of the Intergovernmental Cooperation Act; and WHEREAS, expanding development in the City's commercial/industrial subdivision west of Randall Road, combined with increased traffic volumes on Randall Road, have contributed to significant traffic congestion, particularly during the morning and afternoon traffic peaks, at the Intersection; and WHEREAS, the City, in consultation with the County through its Division of Transportation, has completed a traffic study that identifies Alft Lane widening, traffic signal improvements, and northbound Randall Road widening between Alft Lane and the eastbound I-90 ramp as key elements in alleviating traffic congestion on both Randall Road and Alft Lane; and WHEREAS, the County and City believe it to be in the best interest to widen Alft Lane between Capital Street and Randall Road, to widen northbound Randall Road between Alft Lane and the eastbound I-90 entrance ramp, and to make improvements to existing traffic signals to accommodate proposed traffic movements, including, but not limited to, improvements relating to pavement widening, utility adjustments, curb and gutter, asphalt paving, and traffic signal modifications (hereinafter the "Project"); and WHEREAS, Alft Lane from Capital Street to the western most right of way line of south bound Randall Road are within the limits of City's jurisdiction (hereinafter the "City Improvements"), while Randall Road and the Randall Road right of way within the Project limits is under County's exclusive jurisdiction (hereinafter the "County Improvements") (a cost estimate of the City Improvements, County Improvements and shared improvements is attached hereto as Exhibit A and incorporated herein by this reference); and 2 WHEREAS, the City has completed the necessary Project studies to the satisfaction and approval of the County and City; and WHEREAS, the City has retained the services of a qualified engineer to prepare plans, specifications, and estimates necessary to bid, award and construct the Project; and WHEREAS, the Project will complement the County's ongoing, comprehensive "Randall Over 90" project to identify and implement alternatives for long-term alleviation of traffic congestion throughout the Randall Road corridor; and WHEREAS, the County and the City desire to work cooperatively through: alternatives analysis, traffic study analysis, design approval, permitting, construction, and cost sharing to realize the shared benefits of the Project; and WHEREAS, it is in the best interest of the County and City to enter into this Intergovernmental Agreement pertaining to the Project so as to provide for the safety of the motoring public and to also provide for the traffic mitigation benefits to the residents, business owners, and motorists of Kane County and the City of Elgin; and WHEREAS, the County and City are authorized to contract among themselves to obtain or share services, or exercise, combine, or transfer any power or function, in any manner not prohibited by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the County and the City agree as follows: 1. Recitals. That the foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Project. This Agreement involves the planning, design and construction of the improvements to Alft Lane and Randall Road previously identified as the Project. The parties 3 agree that the City Improvements and the County Improvements are to be designed and constructed as part of one project, for the purpose of realizing significant cost savings for the parties' respective taxpayers and to reduce the disruption that would be caused if the two projects were constructed at different times as separate projects. 3. Phase I. Preliminary planning and studies for the Project have been completed by the City and its consultants, the costs for which are the responsibility of the City, will have been paid in full prior to the date of this Agreement, and are not subject to this Agreement. 4. Phase II — Engineering. Phase II of the Project involves certain engineering design, bidding, and construction engineering services to be provided by Burns & McDonnell Engineering Company, Inc. (hereinafter the "Engineer"). The County and the City agree that the cost of such engineering services shall be paid fifty percent (50%) by each party. City shall pay Engineer invoices and submit copies to the County for reimbursement in the amount of fifty percent (50%) of such invoices. To the extent that the City has made payment to Engineer for such engineering services for the Project prior to entering into this Agreement, the County shall reimburse the City in the amount of fifty percent (50%) of such payments previously made to the Engineer for the Project. The County shall reimburse the City such amount within thirty (30) days of its receipt of a request for reimbursement by the City. 5. Phase III — Construction Bids. City will competitively bid the construction job or jobs, as determined by the parties as a result of the Phase II engineering services, pursuant to the City's usual and customary practices and its enabling statute. The County and the City will review all bids and the County shall have the right to be present at the bid openings. The County and the City will endeavor to agree as to whether the job or jobs shall be rebid or otherwise rejected, what is the lowest responsible bid, and to whom the contract (or contracts) should be awarded in a 4 written recommendation. In the event the parties cannot agree as to whom any contract should be awarded, or in the event that the City Council fails to award a contract as recommended, the County shall not be obligated for further cost sharing hereunder. In such event, the City may, in its sole discretion, proceed with the City Improvements and not proceed with the County Improvements. 6. Phase IV — Construction. The City shall enter into contracts with the contracting party or parties pursuant to the bid or bids so awarded (Construction Contracts) for the project and shall oversee, manage, and administer the Construction Contracts in its usual and customary manner as part of the City's annual construction program. The City shall enter into the contracts and directly budget and disburse payments as they become due and payable. The County shall reimburse to the City the Phase IV costs for any County Improvements for the Project. The City will provide the County with copies of certified payrolls, quantities, pricing for materials, and any other usual and customary documentation to demonstrate the cost of the County Improvements. The County shall reimburse the City for the costs of such County Improvements within thirty (30) days of its receipt of a request for reimbursement by the City. The County will provide in each of its annual budgets approved after the effective date of this Agreement an amount reasonably anticipated to be required to meet its obligations for payments to the City under this Agreement. The cost of any Phase IV construction engineering services, including but not limited to management of the construction process, performance of inspections, and preparation of necessary construction documents, shall be paid fifty percent (50%) by each party as provided in paragraph 4 of this Agreement. 7. County and City agree to cooperate with each other and work together in good faith to complete the Project in the mutual best interest of the parties. Any change orders in excess of $10,000.00 with respect to the County Improvements shall require the written approval of the 5 County prior to obligating the County for payment for its share of the costs. The County may at its own expense have its own designated inspector on the construction site as it may determine. 8. Good Faith. The parties shall at all time act in good faith under this Agreement to further the objectives of the parties as evidenced by the terms of this Agreement. 9. Assignment. This Agreement will be binding upon and inure to the benefit of any successor governmental entity, which shall assume and perform the duties of either party without the prior written consent of the other party to this Agreement. The foregoing notwithstanding, neither the County nor the City shall assign or transfer any rights under or interest in this Agreement without the written consent of the other and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 10. Agreement/Amendment. This Agreement represents the entire understanding and agreement between the County and City pertaining to the Project as described above and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and City. This agreement is and shall be deemed to construe to be a joint and collective work product of the County and the City and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 11. No Waiver. Failure of the City or the County to insist upon strict and punctual performance of any terms or conditions of this Agreement shall not be construed to constitute a C waiver of, or estoppel against, asserting the rights to require such performance. Neither shall a waiver nor an estoppel in one instance constitute a waiver or an estoppel with respect to a later default, whether similar or dissimilar in nature. 12. Severability. The invalidity of any provisions of this Agreement will not impair the validity of any other provision. If any part of this Agreement is determined by a court to be in conflict with statute or constitution or to be unlawful for any reason, that provisions will be deemed severable and the Agreement may be enforced with such provision severed or modified by the court, the parties intending that the remaining provisions of this Agreement shall remain in full force and effect and be enforced to the greatest extent provided by law. 13. Law. This Agreement shall be governed by the laws of the State of Illinois and County and City will at all times comply with all applicable laws, rules, and regulations that may affect the subject matter of this Agreement or the parties hereto. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 14. No official, director, officer, agent or employee of the County or the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 15. Insurance. The City shall require that the contractors working on all portions of the Project shall maintain at a minimum levels of liability insurance as required by the Illinois Department of Transportation's Standard Specification for Road and Bridge Construction (latest edition) and shall name the County and the City as additionally insured parties and supply certificates thereof to City and the County prior to commencement of work on the Project. City shall share copies of the certificates with County upon request. 7 16. Audit and Access to Plans and Records. City shall maintain for a minimum of three years all books and records required of it by law relating to the subject matter of this Agreement. City shall maintain books, records, documents and other evidence directly pertinent to performance of subject matter of this Agreement consistent with generally accepted accounting standards. The County shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities for such access and inspection shall be provided by City. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. All records shall be maintained and made available during performance of this agreement and not less than three years after final completion of the Proj ect. In addition, those records which relate to any dispute or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available for not less than three years after the date of resolution of such appeal, litigation, claim or exception. 17. It is understood and agreed by the Parties that the County shall continue to retain jurisdiction of Randall Road. The City shall continue to retain jurisdiction over Alft Lane. For purposes of this Agreement, jurisdiction shall mean the exclusive authority and obligation to administer, control, construct, maintain, and operate. 18. Notices. Any notices required hereunder or by law shall be in writing and directed to the parties at the following addresses: 8 To County: Carl Schoedel, Director of Transportation and County Engineer Kane County Division of Transportation 41 WO I Burlington Rd. St. Charles, Illinois 60175 schodelcarl@co.kane.il.us With a Copy To: Jamie Mosser State's Attorney of Kane c/o J. Patrick Jaeger Special Assistant States Attorney 41 WO 11 Burlington Rd. St. Charles, Illinois 60175 iaae eipat06,co.kanej1.us —jpjaeger@sbcglobal.net To City: Richard G. Kozal, City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120 With a Copy To: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120 19. Authority. Both parties represent to each other that they are duly organized and validly existing and have full power and due authority to execute, deliver, and perform this Agreement in accordance with their terms. Such execution, delivery, and performance have been fully authorized by all necessary action and approved by each governmental authority or other party, and the obligations are the legal, valid, and binding obligations of each, enforceable in accordance with their terms. 20. This Agreement may be signed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Agreement, any signed copy of this Agreement transmitted by fax machine or email shall be treated E in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or email shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or emailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. 21. The effective date of this Agreement shall be the date on which this Agreement is approved and last executed by the parties as set forth below. SIGNATURE PAGES FOLLOW 10 IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals pursuant to an approving resolution of the corporate authorities of the respective parties. COUNTY OF KANE ILZ Corinne M. Pierog, Chairman Date: 3 v r . ►"'I' State of Illinois ) ) ss County of Kane ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Corinne M. Pierog personally known to me to be the Chairman of the County Board for the COUNTY OF KANE, an Illinois body politic, and John A. Cunningham, personally known to me to be the Clerk of said body politic, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Chairman and Clerk, they signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the County Board of said body politic, as their free and voluntary act, and as the free and voluntary act and deed of said body politic, for the uses and purposes therein set forth. Given under my hand this official seal, this 3 o-" day of i , 2022. /„ L ��=PublIeState EAL" C / t� II ANDTNotary Public e of Illinoises 01/1023 II !- . r, r• S � t. THE CITY OF ELGIN, an Illinois municipal corporation ATTEST: Clerk State of Illinois } )SS County of Kane ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that David Kaptain, personally known to me to be the Mayor of THE CITY OF ELGIN, an Illinois municipal corporation, and Kim Dewis, personally know to me to be the City Clerk of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and Clerk, they signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Elgin City Council of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand this official seal, this l day of 92022. JENNIFER J. WINTON OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires January 10, 2624 12 Alft Lane -Randall Road Intersection Improvements IGA - Attachment A Cost Estimate C4of Elgin AIMRandall Widening Bid Summary- Schroeder Atphall ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- m0 xa.srrrmcywnw�fJueiwawongaswt.wR.,egso»:.uae»a?Aeon.r Ma lMWww.«eeAdit-awriuur_MtVftlare-BURNS`149DON NELL City of Elgin AltNRandall Widening Bid Summary - Schroeder AsphaU ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- zw.awrt�ca+u�ua��c+tarn..o+e��«..wr..�aP.mnauwer►aru�w..nwm�R«ei.r�,..m-�a,�.�ai«u1,lm.bye«eu«B1iRNS `MfiDCNNELL City of Elgin AlfVRondall Widening Bid Summary - Schroeder AsphaU ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- 0 ------------- ��© City of Elgin AlR/Ra"d Widening OW Summary - Schroeder Asphah ------------- ------------- ------------- ------------- ------------- ------------- z�a..ewrRto�a�wai ww..�ea.as�..a�...s�.. q�.zmx,�++»u��au�,.aa� wuw..�.�eww. auwrrvwr.a�ar r..BIiRNS `MIfcDONNIELL. City of Elgin AIR/Randall Widening Bid Summary - Schmoder Asphalt -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- zrcr�.�vr�coa+u.en u„�o�„oarm�324VAwu,,VWftdw,,,,,�.�AMM7„MP44_0We,.BURNS k**-,MSDONNELL City of Elgin AIIVRandall Widening Bid Summary - Schroeder Asphah ------------- ------------- 0o m©o��omm��o awwwrwa�►w�w.a :�re«erw.oae��.aa�..ww. or�ra+r aa+�unw...� �esnr a.�w..�m.iw..+.. m«av_uw.rlw r..BIiRNS `MISDOPIPIELL City o1 Elgin AlRR2andall Widening Bid Sumnary-SchmderAsphalt -- ----------- -- ----------- -- ----------- -- ----------- -- ----------- aan TOTAL• 1u.9" KOOTTOTAL' IMA" ORAROTOTAL: t1,136AMI z+prrwrKcpanupT s.�.cy.soma.�srn W?AMUM—Nftds.0 .dUmd-A1 wl pw.,wLaawBURNSkWDONNELL