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93-169 Resolution No. 93-169 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION 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 for the maintenance of streets for the period July 1, 1993 through June 30, 1994, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 23, 1993 Adopted: June 23, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • n rAgenda Item No. 0 o,� 111 ro rie May 25, 1993 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: State Route Maintenance PURPOSE: This memorandum will provide the Mayor and Council with information. to consider an agreement with the Illinois Department of Transportation (IDOT) for the maintenance of State highways in the City of Elgin. BACKGROUND: The City of Elgin has for many years entered into biannual agreements (with termination and one year extension provisions) . IDOT pays the City to perform this service. The current agreement was for the period from July 1, 1991 to June 30, 1992, which was extended through June 30, 1993. We have received a new agreement from IDOT for the period July 1, 1993 to June 30, 1994, which will be renewable annually. A copy of the cover letter dated May 6, 1993 and the Agreement for Maintenance of Municipal Streets is at- tached hereto for your consideration. We note that the Maintenance Agreement has been expanded this year. The Agreement Provisions beginning on page 1 are basically the same. Under Corporation Certification (page 2) , the following paragraphs have been added: - Bribery - Capacity to Contract - Federal Taxpayer Identification Number - Retention of Records - Drug Free Workplace FINANCIAL IMPACT: The City of Elgin will be compensated in p the amount of $52,868 by IDOT for the maintenance of State routes in the City, which is paid quarterly. This is an in- crease of $3,299, or 6.6 percent greater than the previous twelve month period. MAYOR AND MEMBERS OF THE CITY COUNCIL May 25, 1993 Page 2 RECOMMENDATION: It is recommended that the City Council ap- prove the Agreement for Maintenance of Municipal Streets, authorize its execution by the Mayor and City Clerk and direct the staff to return three copies to IDOT for further processing. (4.d.t t CLA__ ' Larry . Ric --C- anagen LLR:GWM:mg Attachments MDM0135/TEXT071/MEMOTOCN.0 r Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois/60196-1096 MAINTENANCE Agreementy , s FX 94 aPTIWK)Ma 6 199 IA AY 1 0 1941 Mr.James Kristiansen, Public Works Director CITY OF ELGIN City of Elgin 150 Dexter Court ENGINEERING DEPT. Elgin, IL 60120 . Dear Mr.Kristiansen: Enclosed are three (3) copies of the Agreement for Maintenance of Municipal Streets for the period July 1, 1993, to June 30, 1994. The Agreement will be renewable annually. Reimbursement to the municipality is calculated by classifying the roadways by traffic volume, and applying a unit cost per lane mile based on that traffic volume. This approach was approved by the Illinois Municipal League's Public Works Committee at their June 4, "'' 1975, meeting. For this Agreement period,July 1, 1993 to June 30, 1994, the latest available published traffic counts were utilized along with an adjustment factor of 3.01 which reflects the percent change in the Construction Cost Index published in the Engineering News Record. Enclosed is a copy of Illinois Department of Transportation Maintenance Policy No. X-7 which details the payment formula, and indicates what maintenance work is included in that payment. Please supply your Federal Taxpayer Identification Number in the space provided at the bottom of page two (2), have the proper signatures and the Municipal Seal affixed to page four (4) of the Agreement. Please return all three (3) signed copies of the Agreement and the Computation Sheets to this office as soon as possible,for further processing. If you have any questions, please contact Mr. Robert Holub at (708) 705-4163. Very truly yours, Duane P. Carlson, P.E. District Engineer r \ By:__ _._ John .os, P.C. Distr aintenance Engineer RJII/Pg Enclosure Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois/60196-1096 August 2, 1993 Mr . James Kristiansen, Public Works Director City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr . Kristiansen: You will find attached a copy of the executed Municipal Maintenance Agreement for Fiscal Year 1994 covering the period July 1, 1993, through June 30, 1994 . Please retain this copy for your files . If you should have any questions in regard to this agreement, please contact Mr. Robert J. Holub at (708 ) 705-4163 . Very truly yours, Duane P. Carlson, P.E. District Engineer By: r • ALAI'' RobeJ. Ho ub Maintenance Support Manager RJH/pg Attachment AUG 9 1 lqq 1 CITY OF ELGIN ENGINEERING DEPT. (It Illinois Department . . Agreement for Maintenance' of Transportation of Municipal Streets AGREEMENT PROVISIONS THIS AGREEMENT, made and entered into this icy day of J u A L/ , 1993, by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "Department" and the City of Elgin, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois, hereinafter referred to as the "Corporation." WITNESSETH, that for and in consideration of the covenants hereinafter mentioned, the Corporation agrees to operate and maintain for the period beginning July 1, 1993, and ending June 30, 1994, in a manner satisfactory to the Department, portions of certain streets being used as extensions or parts of State highways lying within the boundaries of the Corporation. It is understood and agreed that this agreement may, at the discretion of the Department, be extended for twelve months under the same terms, conditions and amounts stipulated herein, subject to an adequate appropriation being enacted by the General Assembly, unless the Corporation gives written notice to the Department of termination. Such extension shall be accomplished by a letter from the Department to the Corporation. The Department reserves the right to amend this agreement at the time of extension by adjusting the inflation factor used to determine the rates of compensation by application of the percent change of the Construction Cost Index published in the Engineering News Record for the preceding calendar year. It is further understood that the terms of this agreement may be adjusted by addendum during the agreement's tenure to compensate for the addition or deduction of lane miles of streets to be maintained. Such addendum shall be approved and signed by both parties. Operation and maintenance includes but is not limited to all routine surface and pothole repairs, temporary full-depth patches, expansion bump removal on bituminous surfaces, crack and joint sealing, cleaning and litter pickup, snow and ice control and all other routine operational services. Median maintenance, when applicable, shall consist of sweeping, litter pickup, mowing, and routine surface repairs. The Corporation agrees to operate and maintain the streets covered by this agreement in the best interests of the people of the State of Illinois. The portions of streets to be maintained are described on the Computation Sheet attached hereto and made a part hereof. The Corporation agrees to permit no cuts or openings in the curbs or pavements of the streets covered by this agreement without the written approval of the Department. Pavement cuts, curb openings, utility frames and municipal frames and grates or covers disturbed by settlement, construction or repair under permit are to be restored, repaired, adjusted and maintained by the utility owner or permit holder to the satisfaction of the Department at no expense to the State. The Corporation agrees that, except in extreme emergencies, it will not undertake or authorize repairs not covered by this agreement, at the expense of the State, without securing the approval of the Department. The Department in contracting with the Corporation for the maintenance and operation of the ,effected streets, has curtailed procurement of tools, equipment and personnel. Reversion to maintenance by State forces could entail time-consuming reallocation of resources., The Corporation therefore agrees that it will not terminate this agreement nor refuse to enter into subsequent agreements without giving the Department written notice at least 90 days prior to such termination. If the Corporation gives the Department written notice of intent to enter into no future agreements, the current agreement will remain in force for 90 days from the receipt of such notice or until the termination date of the current agreement, whichever date is the later. The Department may, at its discretion, release the Corporation from the agreement before the expiration of the 90 days required by the above stipulation. In consideration of the satisfactory maintenance and operation of streets covered by this agreement, the Department will pay the Corporation a total sum of Fifty-two Thousand Eight Hundred Sixty-eight dollars ($52,868.00) for the twelve month period covered by the agreement, payable as described. below. On or about March 31, June 30, September 30, and December 31, of each year, subject to an inspection by the Department, the Department will authorized the Corporation to invoice the Department in an amount equal to approximately one-fourth of the total annual allowance stated above. It is further understood and agreed that the Department, when in its judgment it is expedient to do so, and at its discretion, shall have the right to terminate this agreement by giving written notice to the Corporation not less than thirty (30) days in advance of the date of such termination. CORPORATION CERTIFICATIONS BRIBERY The Corporation certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has the Corporation made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of the Corporation been so convicted nor made such admission of bribery on behalf of the Corporation and pursuant to the direction or authorization of a responsible official of the Corporation. CAPACITY TO CONTRACT The Corporation certifies that, as in accordance with Paragraph 132.11.1 of the Illinois Purchasing Act, no person who is entitled to receive individually more than 7-1/2 percent of the total distributable income of the Corporation or, together with his or her spouse or minor child, more than 15 percent in the aggregate of the total distributable income of the Corporation, is (a) an elected state official, a member of the general assembly, an appointed officer, a state employee; (b) an officer or employee of the Illinois Building Authority or the Illinois State Toll Highway Authority; or (c) a spouse or minor child of any such enumerated person. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury, the undersigned certifies that 36% - (- '-' `> L. C: is its correct Federal Taxpayer Identification Number. The undersigned is doing business as a Governmental Entity. -2- RETENTION OF RECORDS • ' The Corporation shall maintain, for a minimum of 5 years after the completion of the agreement,. adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the agreement; the agreement and all books, records and supporting documents related to the agreement shall be available for review and audit by the Auditor General; and the Corporation 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 required books, records and supporting documents shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement. DRUG FREE WORKPLACE The Corporation certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the agreement. If the Corporation employs 25 or more people and the agreement is for $5,000 or more, the following requirements apply. The Corporation certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Corporation's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment for this agreement, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Corporation's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations. -3- (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance. of the agreement and to post the statement in a prominent place in the workplace. • (d) Notifying the Corporation within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. IN WITNESS WHERE OF the parties hereto have caused this agreement to be executed by their duly authorized officials. City (Or Village) of State of Illinois Department of Transportation C c 6 By E:yelag e � or or President Director of Highways Attest: City (or Village Clerk (Municipal Seal) -4- STATE OF ILLINOIS Page 1 of 5 DEPARTMENT OF TRANSPORTATION District No. 1 City of Elgin COMPUTATION SHEET - MUNICIPAL MAINTENANCE For the Period beginning July 1, 1993, ending June 30, 1994 . INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT. ALLOWANCE Total Built No. Length Lane Adt/ Rate Adj. Route Section Street Name From To Width By Width Lanes Locations In Ft. Miles Lane Source Ln/Mi Factor Subtotals ILL 31 R-RB-72 State River Rd Tyler 1@28 S-M 2-28' 4 Adj. to 500 .38 5575 S'91 612 3.01 700.01 1@42 Median ILL 31 R-R State Tyler CMSTP&P RR 2@24 S 2-24' 4 Full 2069 1.57 5575 S'91 612 3.01 2,892.13 Roadway ILL 31 R-VB State @CMSTP&P RR 2@26 S 2-26' 4 Full 244 .18 5575 S'91 612 3.01 331.58 Roadway ILL 31 1972- State CMSTP&P RR 257' N of 48V S 24' 2 Center 569 .22 11150 S'91 723 3.01 478.77 25BRS Frazier ILL 31 1972- State 257' N of 437' S of 48'V S 24' 2 Center 694 .26 11150 S'91 723 3.01 565.82 25BRS Frazier Frazier • ILL 31 1972- State 437' S of Wing 48' S 24' 2 Center 2317 .88 11150 S'91 723 3.01 1,915.08 25BRS Frazier ILL 31 1972- State @ Wing 2@22' S 2@22' 4 Full 290 .22 5575 S'91 612 3.01 405.27 25BRS Roadway ILL 31 1972- State Wing 971' S of 56'V S 2@22' 4 Adj. to 849 .64 5575 S'91 612 3.01 1,178.96 25BRS Wing Median ILL 31 1972- State 971' S of Highland 48' S 44' 4 Adj. to 2306 1.75 5575 S'91 612 3.01 3,223.71 25BRS Wing Median ILL 31 1972- State Highland Chicago 62'91' S 2@22' 4 Adj. to 406 .31 5575 S'91 612 3.01 571.06 25BRS V Median PAGE TOTAL $12,262.39 STATE OF ILLINOIS Page 2 of 5 DEPARTMENT OF TRANSPORTATION District No. 1 City of Elgin COMPUTATION SHEET - MUNICIPAL MAINTENANCE For the Period beginning July 1, 1993, ending June 30, 1994 INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT. ALLOWANCE Total Built No. Length Lane Adt/ Rate Adj. Route Section Street Name From To Width By Width Lanes Locations In Ft. Miles Lane Source Ln/Mi Factor Subtotals ILL 31 1972- State Chicago Walnut 38'V S 24' 2 Center 2824 1.07 11150 S'91 723 3.01 2,328.57 25BRS ILL 31 1972- State Walnut Washburn 42' S 24' 2 Center 674 .26 11150 S'91 723 3.01 565.82 25BRS ILL 31 1972- State Washburn Adams 42' S 24' 2 Center 1800 .68 11150 S'91 723 3.01 1,479.84 25BRS ILL 31 8R-HB-3 State Adams US 20 2@24 S 2-24' 4 Full 520 .39 5575 S'9l 612 3.01 718.43 Roadway ILL 31 E-1WRS State @ US 20 2@21 S 2-21' 4 Full 1055 .80 5575 S'91 612 3.01 1,473.70 Roadway • ILL 31 E-1WRS State US 20 South Corp. 40' S 40' 4 Full 2377 1.80 5575 S'91 612 3.01 3,315.82 Limits Roadway • MEDIAN R-RB-'72 State River Rd. CMSTP&P RR 4'V 2750 .52 Curb Median 330 3.01 516.52 ILL 31 & R-R MEDIAN 1972- State @ Wing 4'V 290 .06 Curb Median 330 3.01 59.60 ILL 31 125BRS MEDIAN 1972- State Highland Chicago 10'V 59 .11 Curb Median 330 3.01 109.26 ILL 31 125BRS MEDIAN ILL 31 8R-4B-3 State @ US 20 4'V 520 .10 Curb Median 330 3.01 99.33 PAGE TOTAL $10,666.89 STATE OF ILLINOIS Page 3 of 5 DEPARTMENT OF TRANSPORTATION District No. 1 City of Elgin COMPUTATION SHEET - MUNICIPAL MAINTENANCE For the Period beginning July 1, 1993, ending June 30, 1994 INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT. ALLOWANCE Total Built No. Length Lane Adt/ Rate Adj. Route Section Street Name From To Width By Width Lanes Locations In Ft. Miles Lane Source Ln/Mi Factor Subtotals ILL 25 54WRS-4 Dundee Brant Tollway 2@24' S 2@24 4 Full 1038 .79 4838 S'91 587 3.01 1,395.83 Roadway ILL 25 N-6-1 Dundee @ Tollway 2@27' T 2@27' 4 Full 250 .19 4838 S'91 587 3.01 335.71 Roadway ILL 25 N-6-A Dundee Tollway Parkway 2@24' T 2@24' 4 Full 999 .76 4838 S'91 587 3.01 1,342.82 Roadway ILL 25 54WRS-2 Dundee Parkway Ford 2@24' S 2-24' 4 Full 1597 1.21 4838 S'91 587 3.01 2,137.91 Roadway ILL 25 54WRS-3 Dundee Ford Ludlow 2@24' S 2-24' 4 Full 640 .48 4838 S'91 587 3.01 848.10 Roadway ILL 25 54WRS-3 Dundee Ludlow Congdon 2@24' S 2-24' 4 Full 375 .28 4838 S'91 587 3.01 494.72 1@13' Roadway .• ILL 25 54WRS-3 Dundee Congdon Page 42'V S 24' 4 Center 1084 .41 4838 S'91 587 3.01 724.42 ILL 25 54NRS-3 Page Dundee Liberty '30'V S 30'V 2 Full 542 .21 9675 S'91 694 3.01 438.68 Roadway ILL 25 54WRS-3 Liberty Congdon Keep 1@13 S 24' 2 E. Side 278 .11 9675 S'91 694 3.01 229.78 l@24' ILL 25 HB270 Liberty Keep Page 39 M 24' 2 E. Side 583 .22 9675 S'91 694 3.01 459.57 PAGE TOTAL $8,407.54 STATE OF ILLINOIS Page 4 of 5 DEPARTMENT OF TRANSPORTATION District No. 1 City of Elgin COMPUTATION SHEET - MUNICIPAL MAINTENANCE For the Period beginning July 1, 1993, ending June 30, 1994 INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT. ALLOWANCE Total Built No. Length Lane Adt/ Rate Adj. ,. Route Section Street Name From To Width By Width Lanes Locations In Ft. Miles Lane Source Ln/Mi Factor Subtotals ILL 25 54WRS-3 Liberty Page Slade 16'V S 16'V 1 Full 280 .05 9675 S'91 694 3.01 104.45 Roadway ILL 25 HB270 Liberty Slade Summit 36' M 20' 2 Center 2553 .97 9675 S'91 694 3.01 2,026.27 ILL 25 57CS Liberty Summit Ann 36' M 20' 2 Center 1082 .41 9675 S'91 694 3.01 856.47 ILL 25 HB270 Liberty Ann Forest 36-39 M 20' 2 Center 1680 .64 9675 S'91 694 3.01 1,336.92 ILL 25 10CS Liberty Forest Chicago 39' M 20' 2 Center 792 .30 9675 S'91 694 3.01 626.68 ILL 25 HB270 Liberty Chicago Bluff City 36' M 20' 2 Center 6433 2.44 9675 S'91 694 3.01 5,097.01 ILL 25 40CS Bluff City Liberty St. Charles 58' M 2-10' 2 Adj. to 264 .10 9675 S'91 694 3.01 208.89 Median . ILL 25 28CS St. Charles Bluff City Hammond 38' M 20' 2 Center 1320 .50 9675 S'91 694 3.01 1,044.47 . MEDIAN ILL 25 54WRS-4 Dundee I-90 Brant 4' 825 .16 Curb Median 330 3.01 158.93 MEDIAN ILL 25 N-6-A Dundee Trout Park I-90 4' 1240 .23 Curb Median 330 3.01 228.46 MEDIAN ILL 25 54WRS-2 Dundee Ford Parkway 4' 1110 .21 Curb Median 330 3.01 208.59 MEDIAN ILL 25 54WR5-3 Dundee Ford Congdon 4' 830 .16 Curb Median 330 3.01 158.93 PAGE TOTAL $12,056.07 STATE OF ILLINOIS Page 5 of 5 DEPARTMENT OF TRANSPORTATION District No. 1 City of Elgin COMPUTATION SHEET - MUNICIPAL MAINTENANCE For the Period beginning July 1, 1993, ending June 30, 1994 , INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT. ALLOWANCE Total Built No. Length Lane Adt/ Rate Adj. Route Section Street Name From To Width By Width Lanes Locations In Ft. Miles Lane Source Ln/Mi Factor Subtotals ILL 19 10CS Chicago Liberty Willard 40' M 20' 2 Center 2117 .80 6800 S'91 636 3.01 1,531.49 SA 131 0111 Chicago- Willard Lovelle 20' C 20' 2 Full 6930 2.63 6800 S'91 636 3.01 5,034.77 Elgin Roadway ILL 58 1977- Summit Preston Liberty 56' S 2@22' 4 Adj. to 695 0.53 3675 S'91 534 3.01 851.89 031N Median ILL 58 58085 Summit Cook County Preston 40'V S 40' 4 Center 1075 .81 3675 S'91 534 3.01 1,301.95 Line ILL 58 580RS Summit Animal Hosp. Cook County 40' S 40' 4 Full 621 .47 3675 S'91 534 3.01 755.45 Line Roadway PAGE TOTAL $9,475.55 AGREEMENT TOTAL $52,868.00 ..