98-260 Resolution No. 98-260
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION
(Larkin Avenue/McLean Boulevard Project)
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 for Federal
Participation ($120,000 Federal/$40,000 City) on behalf of the
City of Elgin with the Illinois Department of Transportation
for resurfacing of the Larkin Avenue/McLean Boulevard
intersection, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 28, 1998
Adopted: October 28, 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 /62764
November 13, 1998
City of Elgin
Section 98-00164-00-RS
Project STPM-7003(613)
Job No. C-91-214-98
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
November 13, 1998. Your copy of the executed agreement is attached.
Sincerely,
Darrell W. McMurray, P. E.
Engineer of Local Roads and Streets
›Oititd- 44wle't--
By: Larry D. Houser
Local Project Implementation Engineer
cc-
Joseph Evers, Mun. Engr.
John P. Kos Attn: Nancy Magnus
David G. Campbell Attn: Clarence Crowder
Bill Yuskus Attn: Robert L. Plunk
Gary Gould Attn: Nancy Finn
s:\gen\wpdocs\barb\jim\111398-b.doc\
• Local Agency Section
. Illinois Department
Elgin CC) of Transportation 98-00164-00-RS
Local Agency Agreement Fund Type
for Federal Participation
STU
State Contract Day Labor Local Contract RR Force Account
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 McLean Blvd. Route FAU 2509 Length KM ( Miles)
Termini At Larkin Avenue
Current Jurisdiction Local
•
Project Description Existing Str. No. N/A
Roadway surface removal,patching and resurfacing,curb and gutter repair,thermoplastic pavement markings and all incidental work to
complete the improvement.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $120,000.00 ( 75.0 ) ( ) $40,000.00 ( 25.0 ) $160,000.00
Non-Participating Construction ( ) ( ) ( 100.0 )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( 100.0 )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Sub Total $120,000.00 $40,000.00 $160,000.00
Other Funding Not Included Above
Source of Other Funding:
Total Project Cost $160,000.00
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.
Local Agency Appropriation
The LA on October 28, 1998 , appropriated, by separate resolution,ordinance or road improvements statement,
$40,000.00 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 ( 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$ 40.000.00 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
C-91-214-98 STPM-7003(613)
•
Page 1 of 4
IL 494-0327
BLR 4251 (Rev.8/96)
•
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
BLR 4251 (Rev. 8/96)
• Local Agency Section
Elgin (C) 98-00164-00-RS
(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 4251 (Rev. 8/96)
''IT IS MtITUALLY AGREED:
i- (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 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 Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Kevin Kelly Department of Transportation
Title Mayor By pao,:e., c County B rd Chairperson/MayorMllage PresidenVetc. Director of Hi, way
Signature � � L /f.3 0
Date
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Agenda Item No. T
,� . City o f Elgin
°"ta0
October 6, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Resurfacing of the Larkin Avenue/McLean Boulevard
Intersection
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
approval of a joint agreement with the Illinois Department of
Transportation for the resurfacing of the Larkin Avenue/McLean
Boulevard intersection.
BACKGROUND
The City has improved sections of McLean Boulevard from U. S.
20 north to the Tollway over the last several years . These
improvements include: reconstruction from Big Timber to the
Tollway in 1994, resurfacing from Larkin to Wing in 1996,
resurfacing from U.S. 20 to Larkin in 1997 and the
reconstruction of North McLean Boulevard from Kaskaskia to
Abbott is programmed in 1999 .
The design of the reconstruction of North McLean Boulevard was
awarded to Crawford, Murphy and Tilly (CMT) on March 12 , 1997 .
CMT was asked to include the resurfacing of the Larkin/McLean
intersection as an alternate in the North McLean Boulevard
reconstruction documents. CMT has completed all design work
and the project will be bid after the first of the year. An
early spring construction start is anticipated.
The Council of Mayors and the Illinois Department of Transpor-
tation is requesting that municipalities quickly consider
possible projects that could apply to the Local Agency Pave-
ment Preservation (LAPP) program in order to use up remaining
Transportation Improvement Program (TIP) funds . Because the
Larkin/McLean intersection portion of the project could be
packaged quickly, the Engineering staff and the City' s Consul-
tant, CMT, responded by suggesting that it be considered for
the LAPP Program. LAPP funding may be used by municipalities
for simple resurfacing projects on former state or county
rb. highways . The resurfacing of the Larkin/McLean intersection
is estimated to cost $120, 000 . Under the proposed agreement,
the City would pay $40, 000, with IDOT responsible for the
remaining $80, 000 .
Larkin Avenue/McLean Boulevard Intersection
October 6, 1998
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
The original estimate to resurface the Larkin/McLean intersec-
tion was approximately $120, 000 . This included the section of
McLean from Van (end of the 1997 resurfacing) to 1, 000 ' north
of Larkin (start of the 1996 reconstruction) . The estimate
under the LAPP program is $160, 000 and includes the above
length of McLean as well as Larkin Avenue from Weston to
1, 000 ' west of McLean. Per the joint agreement, IDOT ' s share
will equal $120, 000 and the City' s share will be $40, 000,
resulting in an $80, 000 savings in construction costs from the
original estimate .
The City' s 1998 budget includes a portion of the overall
budget needed for the North McLean reconstruction project .
Partial funding is included in the Riverboat Lease Fund in the
amount of $505, 000 .
14114V LEGAL IMPACT
None .
ALTERNATIVES
1) Reject the Joint Agreement and delete the Larkin/McLean
intersection from the North McLean Reconstruction
Project .
2) Reject the Joint Agreement and include the Larkin/McLean
intersection with the North McLean Road Project at the
estimated cost of $120 , 000 .
RECOMMENDATION
It is recommended that City Council authorize the Mayor to
execute the joint agreement with the Illinois Department of
Transportation.
Res ctfully submitte ,
Joy A. arker
City Manager
JE/do
Attachment
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