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11-26 • 1 L ELGIN THE CITY IN THE SUBURBS Date: February 22, 2011 To: Joe Evers, City Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 11-26, Adopted at the January 26, 2011, Council Meeting Enclosed you will find the agreement listed below. Please have these agreements signed and executed by the responsive parties and return one fully executed copy to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Local Agency Amendment#1 for Federal Participation with the Illinois Department of Transportation for the Dundee-Summit Roundabout Project Resolution No. 11-26 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AMENDMENT #1 FOR FEDERAL PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE DUNDEE-SUMMIT ROUNDABOUT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor,be and is hereby authorized and directed to execute a local agency amendment#1 for federal participation on behalf of the City of Elgin with the Illinois Department of Transportation for the Dundee-Summit Roundabout Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 26, 2011 Adopted: January 26, 2011 Vote: Yeas: 5 Nays: 1 Attest: s/Diane Robertson Diane Robertson, City Clerk Local Agency State Contract Day Labor Local Contract RR Force Account 'Snots Deparlmerrt ct Transportation City of Elgin 0 0 ® 0 Local Agency Amendment#1 for Section: 00-00170-00-CH Fund Type: STA ITEP Number: Federal Participation Canction Enpineerino Right-of-Way Job Number Project Number Job Number Project Number Job Number Proles Number R-91-012-04 CMM-M-8003(398) This Amendment is made and entered into between the above local agency hereinafter referred to as the"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 described 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 Federal Highway Administration hereinafter referred to as"FHWA". ' BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the Amendment shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns. Amended Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( ) Right of Way 617,000 ( 80 ) ( ) 155,000 ( 20 ) 772,000 Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 617,000 $ $ 155,000 $ 772,000 ' NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. 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 Local Agency State of Illinois Department of Transportation 1 Ed Schock (Print or Type Name) Gary Hannig,Secretary of Transportation Date Mayor By: (County Board ChairpersonlMayorNillage President/etc,) (Delegate's Signature) .0" i0?„7 1-26-2011 (Delegate's Name Printed) ( igS"nature) Date The above signature certifies the agency's TIN number is Christine M.Reed,Director of Highways/Chief Engineer Date conducting business as a Governmental Entity. NOTE: If signature is by an APPOINTED official,a resolution Ellen J.Schanzle-Haskins,Chief Counsel Date authorizing said appointed official to execute this agreement is required. Ann L.Schneider,Director of Finance and Administration Date Printed 12/10/2010 BLR 05311 (Rev.03123/10) _, PORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CRY IN THE SUBURBS MEETING DATE: January 12, 2011 INITIATIVE J: Local Agency Amendment Agreement for Additional Federal Participation with the Illinois Department of Transportation for the Dundee-Summit Roundabout Project COMMUNITY GOAL ■ Financially Stable City Government: Preserve and enhance the city's sound and resilient financial condition through long-term planning for service delivery and infrastructure needs OBJECTIVE • Completing the right-of-way acquisition of the Dundee-Summit Roundabout project PURPOSE • Reducing the city's construction costs for the Dundee-Summit Roundabout by utilizing a grant opportunity made available through the Chicago Metropolitan Agency for Planning RECOMMENDATION • Authorize the mayor to execute the Local Agency Amendment Agreement with the Illinois Department of Transportation for the right-of-way acquisition for federal funds in the amount of$772,000 of which the city would be responsible for 5155.000 BACKGROUND In November of 2006, the city entered into an agreement with the Illinois Department of Transportation (IDOT) in order to have participating federal funds to assist in the acquisition of necessary right-of-way for the roundabout proposed for the intersection of Dundee and Summit. In 2010, the city explored the possibility of increasing the federal funding share for the right-of-way. An application to the Chicago Metropolitan Agency for Planning (CMAP) for the funding increase (approximately $335,000) was submitted and CMAP, with the assistance of IDOT, approved the city's request on October 21, 2010. A total increase of $400,000 towards the project was realized; however, to simplify funding sources, the difference is being applied to the construction which will have its own city/IDOT agreement later in 2011. The city has been working with the seven impacted property owners since late 2009 and has secured one, the former Dunkin' Donuts property. Negotiations are ongoing with the other six property owners. Before submitting the city's costs to IDOT for reimbursement, the attached agreement should be executed in order to eliminate any potential confusion regarding the balance of funds paid by IDOT. OPERATIONAL ANALYSIS The amendment agreement being considered now will assist the city in stretching its funds regarding this project. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The increase in grant funds applied for and approved via the attached will provide a maximum of $617,000 of federal funds towards the right-of-way portion of the project. The difference between the project right-of-way cost and the federal funding source would be made up by the city, which is estimated at $155,000. The city's share of right-of-way may increase if negotiations for the acquisitions require additional funds in order to close in a timely manner. Project costs are anticipate to be as follows: Design Engineering $ 787,000 Construction Engineering $ 220,000 Right-of-way acquisition $ 772,000 Construction $1,800,000 TOTAL $3,580,000 With the exception of approximately$30,000, all of the design engineering has been paid. 41111) 111 h 2 rib' BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Riverboat Lease 276-0000-791.93-80 339755 $2,928,360 $2,550,625 Bond 366-0000-795.93-80 $1,204,400 $1,178,700 LEGAL IMPACT None. ALTERNATIVE COURSES OF ACTION The city council could choose to not approve the Local Agency Amendment Agreement with IDOT for the Dundee Summit Roundabout Project. NEXT STEPS 1. Send executed amendment agreement to IDOT 2. Continue to negotiate with property owners 3. Complete acquisitions and submit right of way costs to IDOT for reimbursement Prepared by: Joseph Evers, City Engineer Reviewed by: David L. Lawry, Public Services Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer Approved by: -6/4ed e__ ----- Se n R. Stegall, City Man er r I 3 ATTACHMENTS A: Local Agency Amendment Agreement for Federal Participation 4 Exhibit A Illinois Department of Transportation standard LOCAL AGENCY AMENDMENT AGREEMENT For Additional FEDERAL PARTICIPATION r Local Agency State Contract Day Labor Local Contract RR Force Account 01) I 6-- Illinois Deparbnent of Transportation City of Elgin 0 0 0 0 Local Agency Amendment#1 for Section: 00-00170-00-CH Fund Type: STA ITEP Number. Federal Participation Co ion Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number R-91-012-04 CMM-M-8003(398) This Amendment is made and entered Into between the above local agency hereinafter referred to as the'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 described 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 Federal Highway Administration hereinafter referred to as"FHWA". BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the , Amendment shaN be binding upon and inure to the benefit of the parties hereto,their successors and assigns. Amended Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( ) . Right of Way 617,000 ( 80 ) ( ) 155.000 ( 20 ) 772,000 • Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 617,000 $ $ 155,000 $ 772,000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cosi 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 Local Agency State of Illinois Department of Transportation i (Print or Type Name) Gary Hannig,Secretary of Transportation Date By: (County Board Chairperson/Mayor/Village President/etc.) (Delegate's Signature) (Delegate's Name-Printed) (Signature) Date . The above signature certifies the agency's TIN number is Christine M.Reed,Director of Highways/Chief Engineer Date • conducting business as a Governmental Entity. NOTE: If signature is by an APPOINTED official,a resolution Ellen J.Schanzle-Haskins,Chief Counsel Date authorizing said appointed official to execute this agreement is required. Ann L.Schneider,Director of Finance and Administration Date Printed 12/10/2010 BLR 05311 (Rev.03/23/10)