HomeMy WebLinkAbout98-105 Resolution No. 98-105
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: April 22, 1998
Adopted: April 22, 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
• Illinois Department of Transportation
2300 South Dirksen Parkway/Springfield, Illinois 162764
June 11, 1998
City of Elgin
Section 97-00160-00-BT
Project CMM-7003 (491)
Job No. C-91-261-97
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
June 11, 1998. Your copy of the executed agreement is attached.
Sincerely,
sttA"Aj2i)---Q1
Y�C�tuu Darrell W. McMurray, P. E.
Engineer of Local Roads and Streets
cc-
David L. Lawry, Director of Public Works
John P. Kos Attn: Nancy Magnus
David G. Campbell Attn: Clarence Crowder
Bill Yuskus Attn: Robert L. Plunk
Gary Gould Attn: Nancy Finn
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•
Local-Agency Section
Illinois Department
Elgin (V) of Transportation 97-00160-00-ST
Local Agency Agreement Fund Type
for Federal Participation
• STA
State Contract Day Labor Local Contract RR Force Ac=;.nt
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 Transportation, 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 US Route 20 Route Length 2.61 KM ( Miles)
Termini Elgin Community College to Elgin Sports Complex
Current Jurisdiction STATE
Project Description Existing Str. No. N/A
Project consists of the construction of a bike path. Work to be performed under this project consists of earth excavation and grading,
aggregate base course, bituminous surface course, curb and gutter removal and replacement, pavement markings and all incidental work
to complete the improvement.
Division of Cost •
Type of Work FHWA % State % LA % Total
Participating Construction $123,840.00 ( 80.0 ) ( ) $30,960.00 ( BAL ) S154,800.00
Non-Participating Construction ( ) ( ) $15,600.00 ( 100.0 ) $15,600.00'
Preliminary Engineering • ( ) ( ) ( )
Construction Engineering $10,150.00 ( 80.0 ) ( ) $8250.00 ( BAL. ) $18.400.00
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Sub Total $133,990.00" $54,810.00 $188.800.00
Other Funding Not Included Above
Source of Other Funding:
Total Project Cost *Ballards $10,800. and Tip Down Gates $4,800. $188,800.00
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. **Maximum Federal Participation $133,990.
Local Agency Appropriation _u
The LA on August 21 , 1987 , appropriated, by separate resolution,ordinance or road improvements statement,
$40,388. 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 0 MFT Funds g(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$ _ BAL + NP 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 i Project Number j Job Number Project Number Job Number Project Number
C-91-261-97 1 CMM-7003(491) 1
Page 1 of 4
IL 494-0327
BLR 4251 tRev.
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 in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance, and Real Property Acquisition Policies
Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that
all requirements of Titles II and III of said Uniform Act have been satisfied and the disposition of encroachments, if any,will be
cooperatively determined by representatives of the LA, and 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
private, in 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
construction of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
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 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment 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
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 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 under the contract for which adequate books, record and supporting documentation are not available to support their
purported disbursement..
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
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 lump
sum, an amount equal to 95%of the LA's estimated obligation incurred under this Agreement, 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 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
provisions 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 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
Agreement.
(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.
Page 2 of 4
IL 494-0327
�42` ,
Local Agency Section
• Elgin.(C) 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 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 judgment 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 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,
including 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 the
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
certification that:
(a) 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 cooperative 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 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.
(c) The LOCAL AGENCY shall require that the language of this certification be included in the award documents for all
subawards at all ties(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
validity 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 approved
by 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
approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit
Prices and 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 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, aggregate, structural steel and other materials customarily tested by the STATE.
Page 3 of 4
IL 494-0327
BLR 4')51 (Rev 8/96)
•
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 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
under 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, 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 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
the 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 21 Changes in Agreement Provisions
(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 Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Kevin Kelly Department of Transportation
Title Mayor By C-)•b
County Bo d Chairperson/Mayo illage President/etc. Direc r of Rnays
•
l C�
Signature l�i1 CL/1 1, / 1
Date
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Page 4 of 4
IL 494-0327
BLR 4251 (Rev. 8/96)
Elgin/U.S. Route 20
Section: 97-00160-00-BT
Kane County
ADDENDUM#1
An Addendum to the Joint City-State Agreement
For Project CMM-7003(491) in the City of
Elgin, Kane County, Illinois
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "IT IS MUTUALLY AGREED":
The following item is added:
(5) 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 funds for the work contemplated herein.
UNDER "THE LOCAL AGENCY AGREES":
The following item is revised to read as follows:
(4) After the completion of the improvement the LA will be responsible for the
maintenance of the bike path.
-5-
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OF E(Ci
Agenda Item No. F
it„f, City of Elgin
ti
April 1, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Approval of Construction Contract IDOT/
CMAQ Grant for U.S . 20 Bike Path Project
PURPOSE
The purpose of this 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) for construction of the CMAQ (Conges-
tion, Mitigation and Air Quality Program) U.S. 20 Bike Path
Project .
BACKGROUND
On September 12, 1997, the City of Elgin entered into a
contract with IDOT for the design phase of a bike path in the
Elgin Sports Complex to Elgin Community College (U.S . 20 Bike
Path Project funded by the CMAQ Grant) . In addition, the City
of Elgin entered into an Engineering Service Agreement with
BRW (Dames and Moore) on September 12 , 1997 for design and
preparation of construction documents for the U.S. 20 Bike
Path project and on March 11, 1998 for construction engineer-
ing services .
Since CMAQ funds are being allocated through IDOT for this
project by way of Federal Highway Funds, the format for the
Joint Agreement is based on IDOT requirements . The bike path
through the Sports Complex was one of the required items
listed in the IDNR LAWCON Grant received to develop the Soccer
Complex.
As stated in the CMAQ regulations, it was the responsibility
of the City to hire a consultant (BRW) to design and prepare
the construction plans . The construction plans have been
approved by IDOT and they will handle the bidding, awarding
and construction of the project . Upon completion of the
project, the City will be billed by IDOT for the 20% share of
the matching funds .
•
IDOT/CMAQ Bikepath Project
April 1, 1998
Page 2
IDOT has excluded the tip down gates and bollards from the
original design, stating they are unnecessary items . The bol-
lards (cement barriers) are installed at street intersections
to offer a physical barrier between pedestrians and vehicular
traffic . The tip down gates are installed to restrict path
access to bicycles and pedestrians. The gates can be lowered
by staff to allow maintenance equipment access . Bollards and
tip down gates are considered standard safety amenities on
City as well as Forest Preserve bike paths . Staff has re-
quested these items remain in the design to assure pedestrian
safety and, therefore, the City must assume 1000 of this por-
tion of the project, estimated to cost $15, 600 (bollards :
$10 , 800 and tip down gates : $4 , 800) .
The original project cost was estimated at $201, 940, with the
Federal match of $161, 552 and City match of $40 , 388 . The new
project estimate is $188 , 800, with the Federal match of
$133 , 990 and the City match of $54 , 810 (the City' s match
includes the additional cost of the bollards and tip down
gates) .
Upon reviewing the construction plans, IDOT has amended the
project estimate to $188 , 800 , with the Federal match at
$133 , 990 and the City match at $54, 810 . In addition, the City
match has now increased to over 20o due to the assumed cost of
bollards and tip down gates .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Community College .
FINANCIAL IMPACT
,�
Sufficient funds totaling $54 , 800 are available within Capital
Development account number 385-0000-795 . 92-32 , project number
509543 .
LEGAL IMPACT
None .
ALTERNATIVES
None .
•
IDOT/CMAQ Bikepath Project
April 1, 1998
Page 3
RECOMMENDATION
It is recommended that the City Council approve the Joint
Agreement with IDOT for the construction phase of the Sports
Complex/Elgin Community College bike path.
R ectfully submitted,
J ce . Parker
City Manager
MM/JP