HomeMy WebLinkAbout97-226 Resolution No. 97-226
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized
and directed to execute a Local Agency Agreement on behalf of
the City of Elgin with the Illinois Department of
Transportation for the U.S . 20 west bike trail, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: September 10, 1997
Adopted: September 10, 1997
Omnibus 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 8, 1997
City of Elgin
Section 97-00160-00-BT
Project CMM-7003(490)
Job No. P-91-261-97
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 8, 1997. Your copy of the executed agreement is attached.
Sincerely,
Robert L. Hinton, P. E.
Engineer of Local Roads and Streets
QQkCjitutAnc,
By: Darrell W. McMurray
Local Project Implementation Engineer
cc-
Joseph Evers, Mun. Engr.
Duane P. Carlson Attn: Nancy Magnus
David G. Campbell Attn: Clarence Crowder
Bill Yuskus Attn: Robert L. Plunk
s:\gen\wpdocs\barb\jim\100997-b.doc\
•
- Local Agency Section
0 Illinois Department 97-00160-00—BT
of Transportation Fund Type -
Elgin (C) ST
Local Agency Agreement State Contract Day Labor Local Contract I RR Force Acco.'-:
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 Transccr-
tation,hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as shown below. The improvement sra
be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the United Sta:es
Federal Highway Administration hereinafter referred to as FHWA.
Location
Name US 20 West Trail Route US 20 Length 2.9 Kilometers
Termini McLean Blvd. to Gertrude Street. •
•
Current Jurisdiction State.
Project Description Existing Str. No. N/A
All Preliminary (Phase I & II) Engineering required for construction of a bike trail.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $ ( )$ ( )$ ( )$
Non-Participating Construction $ ( )$ ( )$ ( )$
Preliminary Engineering $ 27,600. (80.0 )$ ( )$ 6,900. (20.0 )$ 34,500.
Construction Engineering $ ( - )$ ( )$ ( )$
Right of Way $ ( )$ ( )$ ( )$
Railroads $ ( )$ ( )$ ( )$
Utilities $ ( )$ ( )$ ( )$
Sub Total $ 27,600. $ $ 6,900. $ 34,500.
Other Funding Not Included Above $
Source of Other Funding:
Total Project Cost $
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 cost for billing and reimbursement. If funding is 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 8-21 , 19 97 appropriated,by separate resolution, ordinance or road improvement statement, $ 34,453.
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. ❑ Other Funds.
Method of Financing (State Contract Work)
METHOD A---Lump Sum (95%of LA Obligation) $
METHOD B--- Monthly Payments of$
METHOD C--- 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)
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
,P-91-261-97 CM11-7003(490)
Page 1 of 4
IL 494-0327
BLR 4251 (Rev. 5/931
Agreement Provisions
THE LOCAL AGENCY AGREES: .
•(1) To acquire in its name, or in the name of the state if on the state highway system. all right-of-way necessary for this project
accordance with the requirements of Titles lI and III of the Uniform Relocation Assistance. and Real Property Acquisition Pc.,o:es
Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE :na:
all requirements of Titles II and III of said Uniform Act have been satisfied and the disposition of encroachments. if any, will ce
cooperatively determined by representatives of the LA. the STATE and the FHWA.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and onva:e. -
accordance with the current Utility Accommodation Policy For Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during cons:
of the proposed improvement.
(4) To retain jurisidiction of the completed improvement unless specified otherwise by addendum (addendum should be accompar a:
by a location map).
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement. or that
portion of the completed improvement within their respective jurisdiction as established by addendum referred to in item 4 acove.
(6) To comply with all applicable Executive Oders and Federal Highway Acts pursuant to the Equal Employement Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain, for a minimum of 5 years after the completion of the contract, adequate books. records and supporting documents
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract: the contract and a..
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General ar:
the department; and the LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General and the
department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE unce-
the contract for which adequate books, records and supporting documentation are not available to support their purported discurse
ment.
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits ct the
proposed improvement;
(9) To comply with Federal requirements or possibly lose(partial or total) Federal participation as determined by the FHWA:
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A- Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in a lump sum.
an amount equal to 95%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE :ne
remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project
based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 95%of the LA's estimated obligation under the provi-
sions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any
nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement. the
LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual progress payment(appropriately adjusted for nonparticipating costs) made to the
contractor until the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts Only) To provide or cause to be provided all of the initial funding, equipment, labor, material and
services necessary to construct the complete project.
(12) (Preliminary Engineering Only) In the event that right-of-way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the fifth fiscal year following the fiscal
year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agree-
ment.
(13) (Right-of-Way Acquisition Only) That in the event that the actual construction of the project on this right-of-way is not undertaken by
the close of the tenth fiscal year following the fiscal year in which this Agreement is executed the LA will repay the State any Federal
Funds received under the terms of this Agreement.
Pace 2 of 4
IL 4'94-0327
1 Local a'+gency Elgin • ' Section 97_00160-00—BT
(14) And certifies to the best of its knowledge and belief its officials:
- (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from coverer
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 for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Fece_.
State or local)transaction or contract under a public transaction:violation of Federal or State antitrust statutes or commiss.:- :-
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(b)of this certification;and
(d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State. local)
terminated for cause or default.
(15) To include the certifications, listed in item 14 above and all other certifications required by State statutes. in every contract. inc....-
ing procurement of materials and leases of equipment.
(16) That execution of this agreement constitutes the LOCAL AGENCY'S concurrence in the award of the construction contract to:-=
responsible low bidder as determined by the STATE.
(17) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY'S cer=os-
tion that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influer::-:
or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress :-
any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any coopers7..e
agreement, and the extension,continuation, renewal,amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemptir;
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement,the undersigned sra:
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The LOCAL AGENCY shall require that the language of this certification be included in the award documents for all subawarcs
at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
(18) To regulate parking and traffic in accordance with the approved project report.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure valid':
of the LA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts Only) To receive bids for the construction of the proposed improvement when the plans have been approver
ty
the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor Only)To authorize the LA to proceed with the construction of the improvement when Agreed-Unit Prices are approver
and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices arc
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way and/or utility work:
(a) To reimburse the LOCAL AGENCY for the Federal and/or State share of engineering, right-of-way and/or utility work on the
basis of periodic billings, provided said billings contain sufficient cost information and,if said services are performed by a
consultant. and show evidence of payment by the LOCAL AGENCY.
(b) 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.
Page 3 of 4
IL 494-0327
SLR 4251 I Pev : __
. !T 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 Feaeral-ac
participation 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 uncle:-
this Agreement. Consequently the MBE requirements of 49 CFR Par 23 apply to this agreement.
The STATE/LA agrees 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/LA shall take all necessary and reasonable steps. •r,
accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for anc
perform portions of contracts and subcontracts financed in part with Federal funds provided under this Agreement. The STATE LA
shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of contractor or subcontractors
including procurement of materials and leases of equipment.
The LA shall include the provisions of this "Policy" in every contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of tte
Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE'S federally approved Disadvantaged Business Enterprise
Program.
ADDENDA
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this Agreement.
Addendum N/A
(Insert NA,if not applicable)(or else addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreemen:
and all addenda indicated above.
APPROVED APPROV
Kevin Kelly State of Illin.
Name Department of T : ..' .tion
Title Mayor By: d Pdt._' .-. Alt z
County Board Ch rpersonJMayonVillage P sident/etc. Director of Hig •ays
41,
Signature
t0 .9
_ Date
Page 4 of 4
IL 494-0327
BLR 4251 (Rev. 51931
City of Elgin Agenda Item No.
I
August 21, 1997
TO: Mayor and Members of the City Council
FROM Robert 0. Malm, Interim City Manager
SUBJECT: Approval of Contract I . D.O.T. /C.M.A.Q Grant for
U.S. 20 Bike Path
PURPOSE •
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
approval of a contract with the Illinois Department of Trans-
portation (I .D.O.T. ) for a C.M.A.Q. (Congestion, Mitigation
and Air Quality Program) grant for the design and construction
of a bike path in the Elgin Sports Complex to Elgin Community
College .
BACKGROUND
On June 8, 1994, the City Council authorized an application
to the Illinois Department of Transportation (I .D.O.T. ) for
the construction of a bike path from the Elgin Sports Complex
soccer fields to Elgin Community College. This section of
the bike path is Phase I of a three phase project to link
with a future bike path connecting the Fox River Trail east
to the proposed Otter Creek Trail west. The purpose of the
bike path is to provide recreational opportunities, add an
additional feature for users of the Sports Complex, and to
improve the infrastructure for alternative means of
transportation.
The City was notified on October 16, 1995 of the approved
grant with funds available in 1996. However, with other
major construction at the Sports Complex underway over the
last two years, the bike path work is appropriate to proceed
now.
Since C.M.A.Q. funds are being allocated through I .D.O.T. for
this project by way of Federal Highway Funds, the contract is
based on I .D.O.T. requirements. An agreement between the City
of Elgin and I .D.O.T. (attached) is being proposed to the City
Council for completion of this project.
A contract for the project engineering and construction
management is separately proposed to be awarded to Dames and
Moore, Inc. for a total of $34, 453.
Approval of I . D.O.T/C.M.A.Q.
August 21, 1997
Page 2
As stated in the C.M.A.Q. regulations, once the construction
plans are approved by I . D.O.T . , they will coordinate the
bidding, awarding and construction of the project . Upon
completion of the project, the City will be billed by I . D.O.T .
for our 20% share of the matching funds .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Community College
(JrIt FINANCIAL IMPACT
The grant is an 80/20 matching funds program for the design
and construction of the bike path. The Federal match will be
$161, 552 and the City match equals $40, 388, for a total
project cost of $201, 940 . Sufficient funds are budgeted and
available within account number 385-0000-795 . 92-32, project
number 509543 .
/// LEGAL IMPACT
None .
ALTERNATIVES
None .
RECOMMENDAT IONS
It is recommended that the C .M.A.Q. Grant contract with
I . D.O.T. for the design and construction of the Sports Com-
plex/Elgin Community College bike path be approved.
Respectfully submitted,
Arn-e-c-64- ) eP-e-,
Monica Meyers, Director
Parks and Recreation
Rob rt 0. Maim
Int rim City Manager
JP
4/ • • ELGIN/U.S. ROUTE 20 BIKEWAY PROJECT
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