95-252 Resolution No. 95-252
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS
DEPARTMENT OF TRANSPORTATION FOR HISTORIC DISTRICT
ORNAMENTAL LIGHTING
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 an agreement on behalf of the City of
Elgin with the Illinois Department of Transportation for
historic district ornamental lighting, a copy of which is
attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 6, 1995
Adopted: December 6, 1995
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Illinois Department of Transportation
2300 South Dirksen Parkway/Springfield, Illinois 162784
January 29, 1996
City of Elgin
Section 93-00153-00-LT
Project STPTE-00D1(312)
Job No. C-91-563-93
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
January 29, 1996. Your copy of the executed agreement is attached.
Very truly yours,
William T. Sunley, P.E.
Engineer of Local Roads and Streets
s&LAA_Li2 C
By: Darrell W. McMurray
Local Project Implementation Engineer
cc-
James L. Kristiansen, Dir. of Pub. Wks.
Duane P. Carlson Attn: Nancy Magnus
David G. Campbell Attn: Clarence Crowder
Bill Yuskus Attn: Robert L. Plunk
Robert Hinton Attn: Kathy Kirkpatrick
s:\g en\wpdocs\barb\j i m\12996.doc\MJ L\bl
..I Local Agency Section
Illinois Department 93-00153-00—LT
o Elgin (C)
of Transportation Fund Type STE
■ Local Agency Agreement State Contract Day Labor Local Contract RR Force Account
For Federal Participation g
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 Historic Dist. Ornamental Route Length Miles
Lighting
Termini
Current Jurisdiction Local. After completion of the improvement the City of Elgin will be
responsible for maintenance of the Ornamental Lighting.
Project Description Existing Str. No. N/A
Construction of (Historic District) Ornamental Lighting in the City of Elgin and all
incidental work to complete the project.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $ 1,004,000( 80.0)$ ( )$ 251,000. ( 20.0)$ 1,255,000.
Non-Participating Construction $ ( )$ ( )$ ( 100.6$
Preliminary Engineering $ ( )$ ( )$ ( )$
Construction Engineering $ 85,340. (80.0 )$ ( )$ 21,335. ( 20.0)$ 106,675.
Right of Way $ ( )$ ( )$ ( )$
Railroads $ ( )$ ( )$ ( )$
Utilities $ ( )$ ( )$ ( )$
Sub Total $ 1,089,340. $ $ 272,335. $ 1,361,675.
Other Funding Not Included Above $
Source of Other Funding:
Total Project Cost $ 1,361,675.
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 , 19_, appropriated,by separate resolution,ordinance or road improvement statement,$
to pay the LA's share of the cos 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. �j Other Funds.
Method of Financing(State Contract Work)
METHOD A---Lump Sum (95%of LA Obligation)$
METHOD B--- Monthly Payments of$
METHOD C X LA's Share$ 251,000. 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)
I Construction Engineering Right-of-Way
Job Number . Project Number Job Number Project Number Job Number Project Number
C-91-563-93 STPTE-00D1(312) i
Page 1 of 5
IL 494-0327
BLR 4251 (Rev.5/93)
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 Ill 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,the STATE widths FHWA.
(2) To provide for all utility adjustments,and to regulate the use of the right-ofiraydtttis improvement by utilities,public and private, in
accordance with the current Utility Accommodation Policy For Local Agency figiririsy and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed inp:overraent and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisidiction 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=established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Oders and Federal Highway Acts*arirsuant to the Equal Employement Opportunity and
Nondiscrimination Regulations required by the U.S.Department of Transmutation.
(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 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 b maintain thebooks,records and supporting documents
required by this section shall establish a presumption in favor of the STATE la'ihe 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 disburse
ment.
(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 a 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 unit 95%of the La.':estimated obligation under the previ-
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 shared 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 far,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.
Page 2 of 1*
•
Local Agency Section
L Elgin q l-(1f11 5 4-nn-1.T
(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 ptecetfing 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(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, includ-
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 the
responsible tow 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 certifica-
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 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 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 validity
of the LA's certification of compliance with Titles II anti Ili 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 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 5
IL 494-0327
RI R 4251 (Rev.5/93)
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 #1-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
Kevin Kelly State of Illinois
Name .-.artment of Transportation
Mayor B
' C - , ,
Title y
County Board Chair ersoniMayorNilla President/etc. Director of Highways
Signature
��.- / /CI
Date
Page 4 of rr
IL 494-0327
BLR 4251 (Rev.5/93)
•
,
Elgin/Historic District Ornamental Lighting
Section: 93-00153-00-LT
Kane County
ADDENDUM#1
An Addendum to the Joint City-State Agreement
For Project STPTE-00D1(312) in the City of Elgin
Kane County , Illinois
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "THE LOCAL AGENCY AGREES":
The following items are added:
(19) To pay 100%of the energy costs for the lighting within it's
corporate limits.
(20) To submit to the STATE, for final approval shop drawings of poles,
luminaries, cables, conduits,junction boxes, splicing kits, lamps, ballasts
and other similar items prior to ordering such items.
-5-
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��� Agenda Item Non D -
\014,46.,
o'°'rT�;ez`
November 29, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Historic District Ornamental Lighting
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
execution of a Joint Agreement for Federal Participations in
eft- the Elgin Historic District Ornamental Lighting Project.
BACKGROUND
In the summer of 1993, the City received approval from IDOT
and the Federal Highway Administration (FHWA) for federal
participation in a project which will install about 275
"acorn" style historic ornamental lighting within the Elgin
Historic District. A location map is attached.
After a two year planning and engineering design process, the
project engineering plans have been accepted by IDOT and the
process of FHWA review leading to a January 12, 1996 letting
by IDOT is underway.
We received correspondence on November 8, 1995, dated
November 3, 1995, from IDOT requiring the execution of a
Joint Agreement for Federal Participation by the City and
receipt of the executed agreement by IDOT by December 1,
1995, if the January 12, 1996 letting date is to be met. A
copy of the agreement is attached.
IDOT has not indicated whether receipt of the executed
agreement by December 7, 1995 will still result in a January
1996 letting. If unacceptable, a February 1996 letting will
result.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Gifford Park Association.
•
Historic District Ornamental Lighting
November '14, 1995
Page 2
few
FINANCIAL IMPACT
Moneys for the project in the amount of $200,000 have been
budgeted under Account 392-0000-795.92-32, Project 339536 . A
supplemental appropriation of $95,000 has been included in
the draft 1996 budget from River Boat Revenues .
The City' s share of the total project cost, estimated at
$1,470,000, is 20 percent or $294 ,000.
LEGAL IMPACT
Appropriation of a local share will be required, as per the
agreement.
RECOMMENDATION
It is recommended that the City Council approve the execution
of the Joint Agreement the Mayor, and authorize the
submission of the agreemen /to IDQT.
Pespectfull s mi ted,
, auto - ifolorAi
James L. Kristiansen
Public Works Director
k4ar.2---1
Richard B. Helwig
City Manager
JLK/do
Attachments
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ATTACHMENT 1
Elgin Historic District Ornamental
Ornamental Lighting Boundary
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