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HomeMy WebLinkAbout97-3 Resolution No. 97-3 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE MOTOROLA ACCESS ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, 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 State of Illinois Department of Transportation for the Motorola Access Road, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 8, 1997 Adopted: January 8, 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 February 24, 1997 City of Elgin Section 96-00157-00-FP Job Nos. P-91-134-96 & C-91-134-96 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 February 24, 1997. Your copy of the executed agreement is attached. Sincerely, Robert L. Hinton, P. E. Engineer of Local Roads and Streets By: Darrell W. McMurray Local Project Implementation Engineer CC- James Kristiansen, Director of Public Works Duane P. Carlson Attn: Nancy Magnus David G. Campbell Attn: Clarence Crowder Bill Yuskus Attn: Robert L. Plunk Gary Gould Attn: Kathy Kirkpatrick sAgen\wpdocs\brigette\support\jim\22097-c.doc City of Elgin/Section 96-00157-00-FP Job Nos.: P-91-134-96/C-91-134-96 Kane County AGREEMENT m7 THIS AGREEMENT is entered into thisa'Ifay of Feb: , 1996 A.D. by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the CITY OF ELGIN, in the County of Kane in the State of Illinois, hereinafter called the CITY. WITNESSETH WHEREAS, the parties hereto, in the interest of the safe and efficient movement of vehicular and pedestrian traffic, are desirous of constructing an access roadway from Illinois Route 72 South to the site of the proposed Motorola development North of Interstate 90 (not including the intersection of Illinois Route 72), by implementation of construction work consisting of bituminous pavement, open ditch drainage, street lighting, landscaping and all other appurtenant items, said improvement to be identified as City Section 96-00157-00-FP and STATE Job Nos. P-91-134-96 for Preliminary Engineering and C-91-134-96 for Construction and Construction Engineering hereinafter referred 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 STATE and CITY wish to avail themselves of certain Economic Development funds committed to infrastructure improvements for Motorola for this PROJECT; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereto agree as follows: 1 City of Elgin/Section 96-00157-00-FP Job Nos.: P-91-134-96/C-91-134-96 Kane County I. THE CITY AGREES: 1. To make or cause to be made all surveys, prepare or cause to be prepared the plans, specifications and estimates; advertise, let and award the construction contract; furnish the resident engineer together with the construction engineering, proportioning of materials and inspection during the construction of the improvement; provide acceptance sampling and testing of materials in accordance with the Standard Specifications for Road and Bridge Construction (hereinafter called the SPECIFICATION), Project Procedures Guide and methods prescribed by the STATE; and cause the PROJECT to be built in accordance with the approved plans, specifications and contract for Motor Fuel Tax Projects as directed in the Administrative Policies of the Bureau of Local Roads and Streets of the STATE. 2. To maintain, for a minimum of 5 years after the 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 for the Auditor General; and the CITY 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 a 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. 3. To assume jurisdiction and maintenance of the completed project. 2 City of Elgin/Section 96-00157-00-FP Job Nos.: P-91-134-96/C-91-134-96 Kane County II. IT IS MUTUALLY AGREED: 1. That the estimated Division of Costs of the PROJECT are: STATE CITY TOTAL Preliminary Eng. 52,000. (50%) 52,000. (50%) 104,000. Roadway Constr. 405,000. (50%) 405,000. (50%) 810,000. Constr. Engr. 40,000. (50%) 40.000. (50%) 80,000, TOTALS $497,000. $497,000. $994,000. 2. The STATE agrees to pay 50 percent of the PROJECT costs to a maximum amount of$500,000. The CITY shall be responsible for all costs in excess of the maximum. The CITY, for performance of the work specified in Section I may bill the STATE monthly (in sets of two) for the actual expenses incurred. The STATE will reimburse the CITY for its share of the engineering, construction and construction engineering costs provided said billings contain sufficient cost information and show evidence of payment by the CITY. The CITY, upon completion of its work, shall promptly render to the STATE a detailed final statement(in sets of two) for its actual expense incurred. After the STATE has audited the expense as incurred by the CITY, the STATE shall pay the CITY for its share of the billed amounts less the deduction of any item (or items) of expense found as not being eligible for reimbursement. 3. 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, 1998. 4. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. 3 • r City of Elgin/Section 96-00157-00-FP Job Nos.: P-91-134-96/C-91-134-96 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 the CITY,the CITY OF ELGIN /41, day ofc/,-, 1997 ��i�� MAYOR ATTEST: ., lit--,•-•- 1 n"\CL.C__(4 1"--- CITY CLERK APPROVED BY STATE OF ILLINOIS DEPAR ►Al NT OF TRANSPORTATION BY: P . , /i/ Direct. • of Highways iii- r a /a1-4 /97 Date s:\wp2\621jmgtl.doc 4 • ,+ o. E� NJ V °�1 A enda Item No. City of Elgin 9 December 12, 1996 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Joint Agreement with Illinois Department of Transportation for the Motorola Access Road PURPOSE - The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider entering into a joint agreement with the Illinois Department of Transportation (IDOT) whereby the City would be reimbursed for 50 percent of certain project costs, not to exceed $500,000. esk BACKGROUND At the meeting on February 14, 1996, the City Council authorized a development agreement with Motorola Inc. Paragraph 2 of that agreement identifies the City and the State of Illinois as partners in design and construction of an access road to the Motorola development. Prior to the Motorola agreement, the City, County and State (IDOT) reached an understanding concerning the responsibilities of each party for improvements to several roadways in support of the Motorola development. These understandings were recorded in a letter dated November 22, 1995 from Transportation Secretary Kirk Brown. A copy of this letter is attached as Exhibit B. The State's and the City's shared obligations are discussed under the paragraph headed "CITY OF ELGIN PUBLIC STREET SYSTEM" on page 2 of the November 22, 1995 letter. A copy of the proposed IDOT and City agreement is attached as Exhibit A. In accordance with the November 22, 1995 letter, this agreement permits the 50/50 State/City participation in the preparation of preliminary engineering (plans, specifications, estimates and property plats) , the construction and construction observation for the Motorola raccess road. A second joint agreement pertaining to other construction costs (street lighting, signalization and channelization) is forthcoming when the City enters into contracts for this work. IDOT is currently reviewing plans for this additional construction work. 1 • Joint Agreemnt with IDOT/Motorola December 12, 1996 Page 2 The lead agency to coordinate engineering and construction is the City of Elgin. Contracts have been awarded for the work to Plote Construction, and to Hampton, Lenzini and Renwick for engineering. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The City of Elgin will pay all costs associated with plan preparation, construction and construction observation and invoice the State for their 50 percent share up to the not-to-exceed amount of $500,000. The City is funding its share of the plan preparation construction and construction observation from the 1996 Bond sale, Account 396-1000-795.93-80, Project 339554 . LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the Mayor and City Clerk be authorized to execute the intergovernmental agreement with the Illinois Department of Transportation. Respectfu ly submitted, • ;( David L. Lawry, P. Director of Public •rks Ro. -rt e . Malm Interim City Manager JE/do Attachment