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05-245 • Resolution No.05-245 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION REGARDING MAINTENANCE OF STATE HIGHWAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Illinois Department of Transportation on behalf of the City of Elgin regarding maintenance of state highways, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 10, 2005 Adopted: August 10, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk JULY, 2007 IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 05-245 PASSED: AUGUST 10, 2005 SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION ON BEHALF OF THE CITY OF ELGIN REGARDING MAINTENANCE OF STATE HIGHWAYS brttu mtabHuc�� TO ; FROM r� SUBJECT ,.._ :: �a ~ . ._� z• t .. _- (/`'' LD (fi•;-46 y, !L z. (--e" ��'t-h•-�`'T �`'{"`'- ATE 7/ L 0 � "C240�_��c. ` . - M-ti- 1A o C 41. Ge d2— r V" 'I �-C J/ _', `p _' '�� -` 401_, �i 11 07 m�Qv. �`{ (� l'L(1�,�jf Q�� j I'1.,a-/ C 4-4 B g S,Jt,c 0 c • /�J o /61 CYC l Jc -t4(J (�,t-r—( SIGNED, --c! WiisonJones® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate l ,C.4 OF A- % - v- - —City of Elgin Agenda Item No. 4 IFE R1tEDivb L July 22, 2005 G 6 ' ' 1 I N TO: Mayor and Members of the City Council 1 _ .` 01L FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES, FROM: Olufemi Folarin, City Manager r AND QUALITY INFRASTRUCTURE John Loete, Public Works Director SUBJECT: Intergovernmental Agreement with IDOT for the Maintenance of Municipal Streets PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with the Illinois Department of Transportation (IDOT) for the maintenance of State routes within the city limits of Elgin. RECOMMENDATION It is recommended that the City Council approve the Intergovernmental Agreement for the Maintenance of Municipal Streets and authorize the City Manager to execute the necessary documents and renew the agreement at seven month intervals during the term of the agreement. BACKGROUND For many years the City has participated in an agreement with IDOT under which the City maintains state highways within the city limits and IDOT, in turn, pays the City for that service. The most recent agreement expired on June 30, 2005, and IDOT is looking to get City approval of a new 10 year agreement. While the term is ten years, the agreement is extended in 7 month increments by the approval of both parties. Under the agreement, the City is required to perform maintenance defined as "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 other routine operational services." Over the years, these services have been routinely provided by the City on Routes 31, 25, 58 and 19 where they exist within the city limits. The proposed annual compensation to the City under the first year of the new agreement is $71,540.00. That amount is adjusted annually based on the percent change in the Construction Cost Index as published by the Engineering News Record. The proposed amount for the first year of the new agreement is a 6.28% increase over the previous year. P r Agreement with IDOT for Maintenance of Municipal Streets r July 22, 2005 Page 2 It is estimated that the fees cover between 25 and 50% of all the costs the City incurs. The City could choose to not participate in the agreement resulting in IDOT providing the maintenance services. The level of service they provide is, as a rule, lower than that provided by the local agency. This can be particularly problematic during pothole and snow removal seasons. An additional point of concern for Elgin is the deteriorated condition of Route 31, which is not on a proposed resurfacing schedule. A letter has been sent to the District Engineer protesting that issue. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FI NCIAL IMPACT 940,.. The agreement would require the City to maintain of 27 miles of State Routes. These services are funded through the annual operating budget of the Street Division (General Fund). IDOT would reimburse the City $71,540 in the initial year of the agreement with increases adjusted for inflation in the subsequent years. m/LEGAL IMPACT None ALTERNATIVES 1. Approve the agreement as recommended 2. Do not approve the agreement Respectfully submitted for Council consideration. (do) Attachment oF ►` G:\City Wide Shared' Cow Memos\COW Me r r • Illinois Department of Transportation Division of Highways/Region One I District One 201 West Center Court/Schaumburg, Illinois 60196-1096 July 21, 2005 Mr. John Loete Director of Public Works City of Elgin 150 Dexter Court Elgin, IL 60120 CORRECTED LETTER Dear Mr. Loete: The State of Illinois, acting through its Department of Transportation, wishes to enter into a new 10-year Intergovernmental Agreement for the Maintenance of Municipal Streets with your municipality. The new agreement would become effective on July 1, 2005 for an initial 12-month period. Thereafter, the agreement would be extended by mutual agreement between this department and your agency in 12-month increments through June 30, 2015. A new computation sheet(s) for FY2006 is attached. The adjustment factor used to determine the rates of compensation shown on the Computation Sheet has been increased to 4.29 to reflect FY2004's 6.28% increase in the Construction Cost Index as documented by the January 3/10, 2005 edition of "Engineering News Record." Enclosed for your signature are three (3) copies of the Agreement for Maintenance of Municipal Streets for the period of July 1, 2005 to June 30, 2015. Please have the proper signatures, the Clerk's Certification and the Municipal Seal affixed to all copies of the agreement and return the partially executed agreements to our office for final processing. The Department will send you a completed agreement upon its execution by our Central Office in Springfield. Please forward the agreement to: Kevin Lyons Bureau of Maintenance, District One Illinois Department of Transportation 201 West Center CourtD � � � � �n � Schaumburg, Illinois 60196-1096 V 1. JUL 2 2 2005 J CITY OF ELGIN PUBLIC WORKS DEPT. Mr. Loete July 21, 2005 Page 2 Please be advised that the Agreement should be executed and mailed to us as soon as possible. If you have any questions, please contact Mr. Kevin Lyons at (847) 705-4195. Very truly yours, "7. foor4.4.a Diane M. O'Keefe,P.E. Deputy Director of Highways, Region One Engineer l 4 c _I- Resolution No.05-245 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION REGARDING MAINTENANCE OF STATE HIGHWAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Illinois Department of Transportation on behalf of the City of Elgin regarding maintenance of state highways, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: August 10, 2005 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk • Illinois Department of Transportation Intergovernmental Agreement Governmental Body Name City of Elgin Address 150 Dexter Court City,State,Zip Elgin,IL 60120 Remittance Address(if different from above) City,State,Zip Telephone Number Fax Number FEIN/TIN 300002690-40 Brief Description of Service(full description specified in Part 5) Local Agency Maintenance of State Highways Compensation Method(full details Travel Expense ❑ Yes _ Agreement Term specified in Part 6) , From: July 1,2005 ® No Total Compensation Amount Travel Amount Advance Pay 0 Yes To: $71,540.00 $0.00 ® No June 30,2015 11°I) REQUIRED SIGNATURES By signing below, GOVERNMENTAL BODY and DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1- 6 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature of Authorized Representative Type or Print Name of Authorized Representative Date FOR THE DEPARTMENT: Diane M.O'Keefe,P.E.,Deputy Director of Highways,Region Chief Counsel(Approved as to form) One Engineer Victor A.Modeer,Director,Division of Highways Robert J.Millette,Director of Finance&Administration Timothy W.Martin,Secretary of Transportation Date .4111111) Intergovernmental Agreement 1 Agreement No: DOT06-DOH-07 (Rev. 05/2004) Illinois Department of Transportation INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL MAINTENANCE OF STATE HIGHWAYS This Agreement is by and between Please type or print legibly GOVERNMENTAL BODY'S legal name and address City of Elgin 150 Dexter Court Elgin, IL 60120 hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the DEPARTMENT. • Part 1 Scope/Compensation/Term 410.'" Part 2 General Provisions Part 3 Specific Provisions Part 4 Scope of Services/Responsibilities Part 5 Compensation for Services Part 6 Computation Sheet—Municipal Maintenance PART 1 SCOPE/COMPENSATION/TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree to operate and maintain the streets covered by this agreement in the best interests of the people of the State of Illinois. B. Compensation. Compensation (if any)shall be as specified in Part 5. C. Term of Agreement. The term of this Agreement shall be from July 1, 2005 to June 30,2015. D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT and GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may be renewed upon written agreement by the parties. Intergovernmental Agreement 2 Agreement No: DOT06-DOH-07 (Rev. 05/2004) PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Non-Appropriation.This Agreement is subject to termination and cancellation in any year for which the General Assembly or the United States Congress fails to make an appropriation to make payments under the terms of the Agreement. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to GOVERNMENTAL BODY'S work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three 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. F. Subcontracting/Selection Procedures/Employment of Department Personnel. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. Competitive selection procedures shall be used for products or services having a total value of more than $10,000. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The procurement through solicitation of a proposal from only one source is allowed only if the products or services are available only from a single source; the DEPARTMENT authorizes such a procedure; or, after solicitation of a number of sources, competition is determined inadequate. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. PART 3 SPECIFIC PROVISIONS A. Invoices. The amount shown on each invoice shall be in accordance with the rates established in Part 6 Compensation for Services. All non-labor costs, if allowable, shall be listed and itemized. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Richard Tollefson 38 W 027 Route 38 St. Charles, IL 60175111) Intergovernmental Agreement 3 Agreement No: DOT06-DOH-07 (Rev. 05/2004) , I All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31 of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to GOVERNMENTAL BODY on invoices presented after said date. Failure by GOVERNMENTAL BODY to present such invoices prior to said date may require GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BODY'S remittance address listed in this Agreement. C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY'S performance,the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7)calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7)days written notice to the GOVERNMENTAL BODY. Additionally, they may terminate the Agreement by giving thirty(30) days written notice. The GOVERNMENTAL BODY 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 GOVERNMENTAL BODY gives the DEPARTMENT written notice of intent to enter into no future agreement,the current agreement will remain in force for 90 days from the receipt of such notice. Regardless of whether the GOVERNMENTAL BODY or the DEPARTMENT terminates the Agreement, the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work. [Not applicable to this Agreement.] F. Software. [Not applicable to this Agreement.] G. Confidentiality Clause. [Not applicable to this Agreement.] H. Reporting/Consultation. The GOVERNMENTAL BODY shall notify and consult with the DEPARTMENT as described in Part 5. I. Travel Expenses. No expenses for travel, lodging, or per diem shall be paid by the DEPARTMENT pursuant to this Agreement. Intergovernmental Agreement 4 Agreement No: DOT06-DOH-07 (Rev. 05/2004) J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY employees, officials, agents, contractors and subcontractors, and shall pay all damages,judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. PART 4 SCOPE OF SERVICE/RESPONSIBILITIES The GOVERNMENTAL BODY agrees to operate and maintain specific portions of the State Highway system including, but 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. In addition,the GOVERNMENTAL BODY agrees to permit no cuts or openings in the curbs or pavements of the streets covered by this agreement without prior written approval of the DEPARTMENT. The GOVERNMENTAL BODY will take all necessary measures (including legal action)to require utility owners or permit holders to restore, repair, adjust and maintain any and all pavement cuts, curb openings, utility frames and municipal frames and grates or covers disturbed by settlement, construction or repair under permit. Said restoration, repairs, adjustments and maintenance will be performed by the utility owner or permit owner at no expense to the DEPARTMENT in a manner that meets the DEPARTMENT'S regulations and standards. The GOVERNMENTAL BODY agrees that, except in extreme emergencies, it will not undertake or authorize repairs not covered by this agreement, at the expense of the DEPARTMENT,without securing prior written approval of the DEPARTMENT. PART 5 COMPENSATION FOR SERVICES A. Cost. The DEPARTMENT shall calculate eligible compensation for services in accordance with the Bureau of Operations Maintenance Policy Manual, Section 11 —Municipal Maintenance of State Highways. The DEPARTMENT will pay the GOVERNMENTAL BODY in quarterly installments, on or about September 30, December 31, March 31 and June 30 of each fiscal year(July 15t through June 30th), subject to an inspection for satisfactory maintenance and operation of covered streets by the DEPARTMENT. 411) Intergovernmental Agreement 5 Agreement No: DOT06-DOH-07 (Rev. 05/2004) B. Billing. The GOVERNMENTAL BODY shall submit to the DEPARTMENT an Invoice Voucher in the amount of one-quarter of the annual payment, according to the calculations of lane miles in Part 6, Computation Sheet—Municipal Maintenance. The Invoice Voucher shall be sent to the following address: Illinois Department of Transportation Richard Tollefson 38 W 027 Route 38 St. Charles, IL 60175 C. Escalation. Subject to availability of funds, the DEPARTMENT will adjust the rate of compensation annually(beginning July 1)for the second and subsequent 12-month period to reflect changes in miles maintained and costs. The cost adjustment factor used to determine the rates of compensation will be the percent change of the Construction Cost Index published in the Engineering News Record for the preceding calendar year. Intergovernmental Agreement 6 Agreement No: DOT06-DOH-07 (Rev. 05/2004) L L Ilir