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HomeMy WebLinkAbout92-0812 Big Timber Oa. o%V RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO AN AGREEMENT WITH THE COUNTY OF KANE AND THE STATE OF ILLINOIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute Addendum No. 1 to an Agreement on behalf of the City of Elgin with the County of Kane and the State of Illinois for the widening and improvement of Big Timber Road from McLean Boulevard to Randall Road, a copy of which is attached hereto and made a part hereof by reference . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 12 , 1992 Adopted: August 12 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk -T Illinois Department of Transportation 2300 South Dirksen Parkway/Springfield, Illinois/62764 Septemb.er 16, 1992 Elgin Section 90-00128-01-WR Project No. M-5293(54) Job No. C-91-447-90 Ms. Dolonna Mecum City Clerk 150 Dexter Ct . Elgin, IL 60120 Dear Ms. Mecum: 1 The joint agreement and addendum number one for the subject section was executed by the department on September 11, 1992. Your copy of the executed agreement and addendum is attached. Very truly yours, William T. Sunley, P.E. Engineer of Local Roads and Streets 1itt-C- By: Darrell W. McMurray Local Project Implementation Engineer cc- 1 Melford Dahl , Director of Public Works Duane P. Carlson Attn: Nancy Magnus David Schinneer, Land Acquisition David G. Campbell Attn: Clarence Crowder James L. Easterly Dale A. Janik Attn: Robert L. Plunk R. W. Jones Attn: John Nunes Rm. 104 Mun,c:,,aii ' Elgin (C) Section 90-00128-01-WR Illinois Department i ownship of Transportation Fund Type FAU County Local Agency Agreement State Contract Day Labor Local Contract ' RR Force Account Kane For Federal Participation X This Agreement is made and entered into between the above local agency(LA)and the State of Illinois,acting by and through its Department of Transpor- tation,hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as shown below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA. Location Name Big Timber Road (CH-21)Route FAU 1302 Length 1.5 Miles Termini Randall Road to McLean Blvd. Project Description Existing Str. No. N/A Roadway widening and reconstruction; curb and gutter; storm sewers with a closed drainage system; sidewalk; roadway lighting at the intersection of Big Timber Road and Randall Road; traffic signal modernization of Big Timber Road at Randall Road and McLean Blvd. and new traffic signals at Big Timber Road and Lyle Avenue; thermoplastic pavement marking and all incidental work. Division of Cost (See Addendum) Type of Work FHWA % State % LA % Total Participating Construction $ ( )$ ( )$ ( )$ Non-Participating Construction $ ( )$ ( )$ ( )$ Preliminary Engineering $ ( )$ ( )$ ( )$ Construction Engineering $ ( )$ ( )$ ( )$ Right of Way $ ( )$ ( )$ ( )$ Railroads $ ( )$ ( )$ ( )$ Utilities $ ( )$ ( )$ ( )$ Sub Total $ $ $ $ Other Funding Not Included Above $ ' Source of Other Funding: N/A A Total Project Cost $ 2 , 800 , 000 NOTE: The above costs and percentages are approximate and subject to change. The percentage(s) recorded and maintained by the STATE, will be used in the final division of costs for billings and reimbursements. If funding is lump sum and not a percentage of the total, place an asterisk in the space provided for the percentages. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. • Local Agency Appropriation The LA on , 19_ , appropriated,by separate resolution,ordinance or road improvement statement, $ to pay the LA's share of the cost and will appropriate additional funds,if required to cover the LA's total cost. LA's share of the cost to be paid with ❑ MFT Funds. E Other Funds. Method of Financing(State Contract Work) * County — $501,688 City — $244,062 METHOD A---Lump Sum (95%of LA Obligation)$ METHOD B--- Monthly Payments of$ METHOD C x LA's Share$ * divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) For Department Use Only Construction Engineering Right-of-Way I Job Number Project Number Job Number Project Number Job Number Project Number C-91-447-90 M-5293(54) Paae 1 of 3 IL 494-0327 BLR 4251 (Rev. 4,91) J City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 DIVISION OF COST TYPE OF WORK FHWA % STATE % COUNTY % CITY % TOTAL Roadway & Drainage 1,689,000 (75.0) (----) 422,250 (18.75) 140,750 (6.25) 2,252,000 and Lighting & Railroad Crossing Traffic Signals Big Timber Rd. at Randall Rd. 82,500 (75.0) ( ) 20,625 (18.75) 6,875 ( 6.25) 110,000 Big Timber Rd. at McLean Blvd 82,500 (75.0) ( ) 13,750 (12.50) 13,750 (12.50) 110,000 Big Timber Rd. at Lyle Ave. 60,000 (75.0) ( ) 10,000 (12.50) 10,000 (12.50) 80,000 Preliminary Engineering * (----) ( ) ( ) ---- ( ) Right-of-Way** (----) ( ) ( ) ---- ( ) Non-Particip. *** Construction 61,000 (100.0) 61,000. Construction Engineering 140,250 (75.0) ( ) 35,063 (18.75) 11,687 ( 6.25) 187,000. Totals: $ 2,054,250 $ 501,688 $244,062 $2,800,000. *Covered under a separate agreement dated 8/26/83 **Covered under a separate agreement dated 10/4/88 *** Sidewalk -2- I ADDENDUM AN ADDENDUM TO THE JOINT CITY, COUNTY(Kane)-STATE AGREEMENT FOR PROJECT M-5293(54) IN THE CITY OF ELGIN AND COUNTY OF KANE, KANE COUNTY, ILLINOIS I. DIVISION OF COST: See page 2. II. THE COUNTY AND THE CITY AGREE: (1) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy For Local Agency Highway and Street Systems. (2) To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the Equal Employment Opportunity and Non-discrimination Regulations required by the U.S. Department of Transportation. (3) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an audit for a period of three years after the FHWA payment of the final voucher. (4) The failure of COUNTY AND CITY to comply with Federal requirements may result in the loss (partial or total) of Federal participation as determined by the FHWA. (5) To pay their respective financial contributions as follows: (a) That, upon receipt of the Contractor's first and subsequent progressive bills for this improvement, will pay to the State, an amount equal to each of its shares of the construction cost, divided by the estimated total contract cost, multiplied by the actual progress payment (appropriately adjusted for non-participating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. -3- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 (6) That execution of this agreement constitutes the COUNTY AND CITY'S concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE provided the COUNTY has approved the plans. (7) To exercise their franchise right to cause private utilities to be relocated at no expense to the STATE. (8) To the best of its knowledge and belief their officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this AGREEMENT been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (2) of this certification; (d) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State, local) terminated for cause or default; -4- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 III. THE CITY AGREES: (1) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement, including acceptance sampling and testing of the materials in accordance with the specifications, Project Procedures Guide and methods prescribed by the State; (2) Upon completion of the improvement, and twenty one (21) calendar days after final inspection by the STATE, CITY will assume jurisdiction and maintenance of Big Timber Road from east edge of pavement of Randall Road to east edge of pavement of McLean Blvd. , and also agree to maintain or cause to be maintained in a manner satisfactory to the STATE and FHWA their portions of the improvement under their established jurisdictional authority. The CITY will adopt and will put into effect prior to the STATE advertising for the work to be performed hereunder, an appropriate ordinance adding the portion of roadway, Big Timber Road from east edge of pavement of Randall Road to east edge of pavement of McLean Blvd. , and identified as Exhibit B (BLR 1602) which is attached hereto and made a part hereof, to the CITY system. A copy of said ordinance is also attached hereto as Exhibit C and made a part hereof. For Location Map of the improvement see Exhibit A. CITY, at its option, may participate in final inspection of that part of Big Timber Road over which it is taking maintenance/jurisdiction. (3) To have ordinances prohibiting parking in accordance with the approved project report and to be responsible for maintenance of all crosswalk and stopline markings within its jurisdiction. IV. THE COUNTY AGREES: (1) Upon completion of the improvement, the COUNTY will continue the maintenance and jurisdiction of Randall Road. The COUNTY may participate in inspecting said highway. -5- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 V. THE STATE AGREES: (1) To provide independent assurance sampling, to furnish off-site material inspection and testing, at sources normally visited by State inspectors of steel, cement, aggregates, structural steel and other materials customarily tested by the State, and to provide contract construction administration and general supervision of the resident engineer. VI. IT IS MUTUALLY AGREED: (1) That this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement for Federal-Aid Participa- tion and in the event the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this agreement. (2) This agreement shall be binding upon the parties, their successors and assigns. (3) It is the policy of the U.S. Department of Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The STATE, COUNTY and CITY agree to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this agreement. In this regard the STATE, COUNTY and CITY shall take all necessary and resonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and perform portions of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. The STATE, COUNTY and CITY shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of contractor or subcontractor, including procurement of materials and leases of equipment. -6- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 (4) That the authority to make changes in the Municipal Street System is granted the CITY by Section 7-101 of the Illinois Highway Code, and the authority to make changes in the County Highway System is granted the COUNTY by Section 5-105 of the Illinois Highway Code. (5) All traffic control equipment to be used in the traffic signal work included herein must be approved by the STATE and COUNTY prior to its installation. The STATE must be notified a minimum of three (3) working days prior to the final inspection. Final inspection of the signalized intersection will be made by a representative of the STATE and, if satisfactory, authorization for turn on will be given. (6) Upon acceptance by the STATE of the traffic signal work, on Big Timber Road at Randall Road, McLean Blvd. and Lyle Avenue, it is mutually agreed that the financial responsibility for maintenance and electrical energy for the operation of the signals shall be as follows: Big Timber Road at Randall Road Maintenance: 0% STATE Electrical Energy 0 % STATE 100% CITY 100% CITY 0 % KANE COUNTY 0% KANE COUNTY Big Timber Road at McLean Blvd. Maintenance: 0% STATE Electrical Energy 0 % STATE 100% CITY 100% CITY 0 % KANE COUNTY 0% KANE COUNTY Big Timber Road at Lyle Avenue Maintenance: 0% STATE Electrical Energy 0 % STATE 100% CITY 100% CITY 0 % KANE COUNTY 0% KANE COUNTY The CITY will maintain or cause to maintain the traffic signals at Big Timber Road at McLean Blvd. , Lyle Avenue and Randall Road. The COUNTY will control the sequence and timing of the traffic signals at Big Timber Road and Randall Road. -7- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 (7) The CITY will make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals at Big Timber Road at Randall Road, McLean Blvd. , and Lyle Avenue. The CITY agrees to pay 100% of the electrical energy charges as billed by the local power company. (8) This agreement shall be binding upon the parties, their successors and assigns. 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 the CITY, the A V, CITY OF ELGIN day of , 1991. ATTEST: // /14act CITY CLERK MAYOR -8- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 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 COUNTY: ATTEST: THE COUNTY OF KANE Date: \O3 \c\q\ Date: 1k)) \ct4 ) By: (j)4 By: L113.1JJAA4 . i County Clerk Chairman County Board ij(����' ,Y-1 Ri ii,„ RECOMMENDED FOR EXECUTION: Date: \; 1�k.1 \ b ) \(\cl By: Superintendent of Highways -9- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 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. APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: v� DIRECTOR OF HIGHWAYS DATE -10- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 CERTIFICATION OF RESTRICTIONS ON LOBBYING I, George Van DeVoorde - Mayor, hereby certify on behalf of the City of Elgin that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Memhr.:' of Congress in =r-)t,o otion with this Federal contract, grant, L an, or cooperatY agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000. and not more than $100,000. for each such failure. Executed this (� day of 0.-d4, , 1991. By: S 11E vGd`Lz (Signature Of authorized official) Mayor (title of authorized official) -11- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 CERTIFICATION OF RESTRICTIONS ON LOBBYING I, Warren L. Kammerer, Jr. - Chairman of the Board, hereby certify on behalf of the County of Kane that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000. and not more than $100,000. for each such failure. Executed this /4 day of ��- --ri-� , 1991. By: (Signature of authorized off al) Chairman of the Board (title of authorized official) -12- City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 EXHIBIT "C" Municipal Ordinance No. Providing for the addition of the improvement of Big Timber Road from east of Randall Road to East of McLean Blvd. within the city limits of the Municipal Street System of the City of Elgin, Kane County, Illinois. Whereas the County of Kane and the City of Elgin under date of 19 , entered into an agreement for transfer of jurisdiction of Big Timber Road to the municipal street system. Now, therefore, be it ordained by the Mayor and Board of Trustees of the City of Elgin that the improvement of Big Timber Road from east of Randall Road to east of McLean Blvd. within the City limits be added to the municipal street system. The City Clerk is directed to forward a certified copy of this Ordinance to the State of Illinois through its District Engineer's office at 201 West Center Court, Schaumburg, Illinois. CERTIFICATE I, , City Clerk in and for the City of Elgin in the County of Kane in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of an ordinance passed by the Mayor and Board of Trustees of the City of Elgin at its meeting held on , 19_ In testimony whereof, I have hereunto set my hand and affixed the seal of the City at my office this A.D. , 19_ (SEAL) (City Clerk) -13- • r..� EXHIBIT " . 1 —T„ ! 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A-oil \F__ - - ming "-- . 14- "MEV_ ;no-PP:. 1 :, . 1114111b II, URmSPJCTIONALTRANSFS BIG TIMBER ROAD • (E. EDGE OF RANDALL RD. GINCOMM irraouFc><, la E.EDGE OF MtLEAN BLVD1 EXHIBIT "B" • Local Agency No. 1 (Conveyor) Local Agency No. 2 (Recipient) Illinois Department of Transportation Municipality Municipality ELGIN LOCAL AGENCY Township/ Township/ AGREEMENT Road District Road District FOR JURISDICTIONAL TRANSFER County KANE County In accordance with authority granted in Section 4-409 of the Illinois Highway Code, this ageement is made and entered into be- tween the above Local Agency No. 1, hereinafter referred to as "CONVEYOR", and the above Local Agency No. 2, hereinafter referred to as"RECIPIENT",to transfer the jurisdiction of the designated location from the CONVEYOR to the RECIPIENT. Location Description Name BIG TIMBER ROAD (CH-21) Route FAU 1302 Length Miles 1.5 Termini EAST EDGE OF PAVEMENT OF RANDALL ROAD TO EAST EDGE OF PAVEMENT OF MCLEAN BLVD. N/A This transfer does/does not include Structure No. Include for Municipalities Only WHEREAS,the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the ordinance,and Include for Counties Only WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the resolution,and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code. THE CONVEYOR AGREES to prepare a map of the above location and attach a copy of such location map hereto. 21 CALENDER DAYS AFTER FINAL IT IS MUTUALLY AGREED,that this jurisdictional transfer will become effective upon: INSPECTION BY THE STATE Supplements Additional information and/or stipulations,if any,are hereby attached and identified below as being a part of this agreement. Supplement EXHIBITS A & C (Insert supplement numbers or letters and page numbers,if applicable.) IT IS FURTHER AGREED,that the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. BLR 1 i fl2(9/R9) EXHIBIT "C" Ordinance No. G68-91 AN ORDINANCE PROVIDING FOR THE TRANSFER OF BIG TIMBER ROAD FROM EAST OF RANDALL ROAD TO EAST OF McLEAN BOULEVARD IN ELGIN TO THE MUNICIPAL STREET SYSTEM WHEREAS, the County of Kane and the City of Elgin under date of October 23, 1991 entered into an agreement for transfer of jurisdiction of Big Timber Road from east of Randall Road to east of McLean Boulevard to the municipal street system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the improvement of Big Timber Road from east of Randall Road to east of McLean Boulevard within the city limits be added to the municipal street system. Section 2 . That the City Clerk is directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer' s office at 201 West Center Court, Schaumburg, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 23, 1991 Passed: October 23, 1991 Omnibus Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s State of Illinois) County of Kane ) ss . City of Elgin CERTIFICATE OF CITY CLERK I , Dolonna Mecum, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, in the Counties of Kane and Cook in the state of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of Ordinance G68-91 entitled "An Ordinance Providing for the Transfer of Big Timber Road from East of Randall Road to East of McLean Boulevard in Elgin to the Municipal Street Street" passed by the Elgin City Council at its meeting held on October 23, 1991, the original of which is entrusted to my care for safe keeping. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this October 24 , 1991 . 1"/Ctl/t‘fClerk (SEAL) 4 . • ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Project No. M-5293(54) Kane County 47721 AN ADDENDUM TO CITY, COUNTY-STATE AGREEMENT FOR A WIDENING AND RECONSTRUCTION PROJECT IN THE CITY OF PROJECT NO. M-5293(54) ELGIN, KANE COUNTY, ILLINOIS WHEREAS, the CITY OF ELGIN, the COUNTY OF KANE and the STATE OF ILLINOIS, acting by and through its Department of Transportation and hereinafter referred to as the "STATE", entered into an agreement on April , 1992, to widen and reconstruct Big Timber Road from McLean Blvd. to Randall Road, said improvement designated as City Section: 90-00128-01-WR, STATE Job No. C-91-447-90 and Federal Project M-5293 (54); and WHEREAS, the CITY, COUNTY and the STATE are desirous of updating the Division of Cost portion of the Joint Agreement. NOW, THEREFORE, BE IT AGREED that the "DIVISION OF COST" portion of the afforementioned agreement is revised to read as on page 2. Note: "The cost and percentage are approxmiated and subject to change. the percentage(s) recorded and maintained by the STATE will be used in the final division of costs for billings or reimbursement. -1- ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Kane County 35061 DIVISION OF COST TYPE OF WORK FHWA % COUNTY CITY % TOTAL Roadway & Drainage 1,689,000 (75.0) 422,250 (****) 140,750 (6.25) 2,252,000 and Lighting & Railroad Crossing Traffic Signals Big Timber Rd. at Randall Rd. 82,500 (75.0) 20,625 (18.75) 6,875 ( 6.25) 110,000 Big Timber Rd. at McLean Blvd 82,500 (75.0) 13,750 (12.50) 13,750 (12.50) 110,000 Big Timber Rd. at Lyle Ave. 60,000 (75.0) 10,000 (12.50) 10,000 (12.50) 80,000 Preliminary Engineering * (____) Right-of-Way** (____) Non-Particip. ***. Construction 61,000 (100.0) 61,000. Construction Engineering 140,250 (75.0) 35,063 (18.75) 11,687 ( 6.25) 187,000. Totals: $ 2,054,250 $ 501,688 $244,062 $2,800,000. * Covered under a separate agreement dated 8/26/83 ** Covered under a separate agreement dated 10/4/88 *** Sidewalk **** Lump sum $120,600---80,000 lb. Truck Access Road Funds not to exceed 50% of the final cost of the project to be credited to the County's non-federal share of the project cost first. Any remaining balance shall be the responsibility of the COUNTY in the event the 80,000 lb. Truck Access Road Funds and are not sufficient to cover all the COUNTY'S non-federal share of the project cost. -2- ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Project No. M-5293(54) Kane County 47721 BE IT MUTUALLY AGREED that the following additional provisions are included in the agreement: Under THE COUNTY AGREES: 2. To pass an ordinance/resolution clearly defining the limits of the proposed truck route along with identifying the class of 80,000 pound truck route. A copy of said ordinance/resolution is attached hereto and made a part hereof. Such truck route shall be properly signed in accordance with the Illinois Manual on Uniform Traffic Control Devices. Cost of signing to be included in the cost of the project. Under IT IS MUTUALLY AGREED: 9. The estimated cost of this project is $2,800,000.00 which includes one intersection and 5.53 lane miles of roadway improvement that are eligible for funding under the Truck Access Road Program. Based on the estimate, it is mutually agreed the State's share of the project under the Truck Access Road Program shall be a lump sum amount of $120,600.00 or 50% of the final construction cost, whichever is the lesser. The Truck Access Road funds will be credited against the COUNTYS share of the project cost as shown in the Division of Cost. -3- ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Project No. M-5293(54) Kane County 47721 BE IT FURTHER AGREED that this ADDENDUM shall be inure to the benefits of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Addendum 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. CITY OF ELGIN By; Mayor of Elgin Date //6 11922- -4- ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Project No. M-5293(54) Kane County 47721 BE IT FURTHER AGREED that this ADDENDUM shall be inure to the benefits of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Addendum 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 COUNTY: ATTEST: 1 THE COUNTY OF KANE Date: C� NNA, r1 , \Cck". Date: , (A ) \c\,ct . BS,L,:-- -).--*".4---L- C-l : 61.0.),_,Li, rw_tautio f 0 Kane County Clerk Chairman , County Board ±772)�`, RECOMMENDED FOR EXECUTION: �it.✓n� 9 1q9 Date: Z_ K,..„. By: nJ' // v /� . � Nabi Fakroddin County Engineer -5- ADDENDUM NO. 1 City of Elgin/Big Timber Road Randall Road to McLean Blvd. Section 90-00128-01-WR Project No. M-5293(54) Kane County 47721 BE IT FURTHER AGREED that this ADDENDUM shall be inure to the benefits of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Addendum 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. APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: C• A441.11 DIRECTOR OF HIGHWAYS DATE -6- STATE OF ILLINOIS SS COUNTY OF KANE RESOLUTION NO. 92-\3`7 AUTHORIZING CHAIRMAN TO EXECUTE ADDENDUM TO JOINT AGREEMENT WHEREAS , Kane County, the City of Elgin and the Illinois Department of Transportation entered into an agreement to widen and reconstruct Big Timber road from McLean Blvd. to Randall Road; and WHEREAS , the County, City of Elgin and the State are desirous of updating the Division of Cost portion of the Agreement and; NOW, THEREFORE, be it agreed that the "Division of Cost" portion of the aforementioned agreement be revised embodying such provisions between the County of Kane, City of Elgin and the State of Illinois . NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman of the Board is authorized to execute an Addendum to the Joint Agreement with the City of Elgin and the Illinois Department of Transportation for the improvement of Big Timber Road from McLean Blvd. to Randall Road. PASSED by the Kane County Board on C �, k Clerk, County Board Chairman, County Board Kane County, I : 'ois Kane County, Illinois ,7 of��•.. N J - rr EVn �°�� Agenda6)L.- Item No . N.4,E.rts1 July 17 , 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Big Timber Road Improvements - Randall to N. McLean Addendum No. 1 PURPOSE: The memorandum will provide the Mayor and Council with information to consider authorizing execution of an addendum to the three-party (Elgin, Kane, IDOT) agreement for the construction of the subject improvement. BACKGROUND: The City Council on October 23, 1991 authorized the execution of an agreement with Kane County and IDOT for the construction of, and the jurisdictional transfer of, Big Timber Road between Randall and McLean. Included in the project is the construction of a sidewalk on the north side of Big Timber Road from White Oak Lane to McLean. The addendum No. 1 prepared by IDOT, a copy of which is attached for your consideration, amends the agreement having Elgin pay for the cost of the sidewalk. The original agreement had the cost being shared by all three parties . However, a policy of the Kane Urban Council of Mayors provides that sidewalks are not eligible for FAU funding. Consequently, the original agreement to share the cost of the sidewalk between the three parties is in error. The sharing of the cost of the sidewalk was discussed with Mr. Nabi Fakroddin, Kane County Superintendent of Highways, based on the agreement between Elgin and Kane. He was not aware that this addendum included a change in the sharing of the cost for the sidewalk. He thought it was for the purpose of providing for a change in the IDOT funding for truck routes and, therefore, had the County Board execute the addendum. Mr. Fakroddin has suggested that rather than going back to IDOT and the County Board, the County would reimburse the City the seventy five percent of the cost of the sidewalk by reducing the cost of the City' s share of a future City-Kane joint project by that amount. A letter from the County will be forth coming verifying the above cost sharing. Mayor and Members of the City Council July 17 , 1992 Page 2 FINANCIAL IMPACT: The agreement authorized by the City Council on October 23, 1991 had the City' s share of the cost of the project at $186,874, whereas the Addendum No. 1 revises the cost to $244 , 062 . The cost of the sidewalk is estimated at $61,000, of which Kane County will reimburse the City as mentioned above $45, 750 leaving the City' s share at $15,250 . There is $375, 000 in the 1992 G.O. Bond Project Fund for this project. RECOMMENDATION: It is recommended that the City Council authorize the Mayor and City Clerk to execute the Addendum No. 1 subject to and upon receipt of the County' s letter concerning cost sharing of the sidewalk and direct the staff to prepare the necessary resolution. L. City Manager do Attachment p RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George. VanDeVoorde, Mayor, 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 County of Kane for the improvement of Big Timber Road between Randall Road and McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: October 23, 1991 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk `,24rt- cCr-r?4, e/e2 � l 3/ JL i 14' _ `• car: 0 . ,� lit PglEgY14 CITYSEP OF1 E1992LCIN ENGINEERING DEPT. • 23