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HomeMy WebLinkAboutResolutions - R-78-16a - 06/05/1978 - MFT STATE OF ILLINOIS R-78-160- Construction RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE BE IT RESOLVED, by Ow • COUNCIL of the Omen or Proddsat and Bawd d Truism CITY of MCHENRY , Illinois C1ty.Tows.or Mao that the following described street(s) be improved under the Illinois Highway Code: Mamas of Ths'swsbfsa lra. To . a..a WASHINGTON STREET ILLINOIS ROUTE 31 , RTVFRcTnF IIRIVF BE IT FURTHER RESOLVED, 1. That the proposed improvement consist flf IMPROVING APPROXIMATELY n_4 YTI FS nF waSKIN(TON . STREET EXTENDING FROM ILLINOIS 31 TO RIVERSIDE DRIVE BY WIDENING THE EXISTING PAVEMENT AND CONSTRUCTING CURB AND GUTTER AND STORM SEWERS BETWEEN ILLINOIS ROUTE 31 AND COURT STREET, AND RESURFACING THE ENTIRE FINISHED ROADWAY. construction 36'-0" feet wide and shall be designated as Section 78-00022-00-SP 2. That there is hereby appropriated the sum of TWFNTY-STX THOUSAND Dollars ($ 26.000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That said work shall be done by CONTRACT ; and. Obsedly Contract of Day Labor) BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district/regional office of the Department of Transportation. I, BARBARA E. GILPIN - , CITY Clerk APPROVED Mls. (City.Town.or West) in and for thy+ CITY nf McHENRY . (arty.Town.as VIDafs) sty a McHENRY , hereby certify the foregoing , 19 to be a true,perfect and complete copy of a resolution adopted by the Deportment of Transportation COUNCIL at a meeting on (Council or Padden'and Bawd o/Trusses) JUNE 5 , 19Z$_. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this District/Regional Engineer 6th day of June (SEAL) City Clerk. (Ceti.Town,or VlOsgs) Form BLR 414 ,, C7 C.) Ct) 1 FEDERAL-AID SAFER OFF-SYSTEM PROGRAM AGREEMENT THIS AGREEMENT is made and entered into between the City of McHenry , hereinafter referred to as the "CITY" and the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter referred to as the "STATE". WHEREAS, the STATE and the CITY jointly propose to(improve approximately 0.4 miles of Washington Street . , extending from Illinois Route 31 to Riverside Drive by widening the existing pavement and constructing curb and qutterj�between Illinois Rout 31 and Court Street, and resurfacing the entire finished roadway , the said improveme to be designated as CITY Section 78-00032-00-SP STATE Section F.A. Project\ SOS-D1 (61 ) , and to be constructed in accordance with plans approved by the STATE under the STATE'S Secondary Road Plan ap- . proved by the U.S. Department of Transportation, FEDERAL HIGHWAY ADMINI- STRATION, hereinafter referred to as the "FHWA"; and WHEREAS, the Safer Off-System Road Program of the U.S. Department of Transportation makes certain funds available for participation in the cost of the proposed improvement. The CITY agrees: (1 ) Where applicable, to use a portion or all of the appropriate Fed- eral-aid funds allocated to it; (2) To acquire in its name all right of way and easements necessary for this proposed improvement in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The requirements of Title II, and Title III if Federal-aid is being sought for right of way, shall be carried out in accordance with established State Relocation Assistance and Payments Policies and Procedures as now or hereinafter revised or amended. Prior to the STATE'S advertising for bids, the CITY shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been complied with; (3) To provide for all utility adjustments; (4) To provide for surveys and the preparation ofplans for the pro- posed improvement and engineering supervision during construction of the proposed improvement; (5) To maintain, or cause to be maintained, the complete improve- ment; (6) 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 FEDERAL-AID WORK AND MFT CON- STRUCTION PROJECTS FOR COUNTY AND TOWNSHIP HIGHWAYS AND CITY STREETS IN ILLINOIS; (7) To have in effect, prior to the award of the construction contract, an ordinance regulating parking in accordance with the approved design, and an ordinance prohibiting the discharge of sanitary and/or industrial waste water into storm sewers constructed as part of this improvement; (8) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an audit for a period of three (3) years after the FHWA payment of the final voucher; (9) That failure of the CITY to comply with Federal re- quirements may result in the loss (partial or total ) of Fed- eral participation as determined by the FHWA; (10) That prior to the STATE advertising for work to be performed hereunder, the disposition of encroachments, if any, will be cooperatively determined by representatives of the CITY the STATE and the FHWA; (11 ) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Non-discrimination Regulations required by the J.S. De- partment of Transportation. The STATE agrees: (1 ) To request the FHWA to approve the proposed improvement for Federal-aid participation; (2) To receive bids for the construction of the proposed improve- ment when: (a) The CITY'S certification as to compli- ance with Titles II and III requirements has been accepted by the STATE and approved by the FHWA, if applicable; (b) The plans have been approved by tha STATE; (3) To award a contract for construction of the proposed improve- ment, after receipt of a satisfactory bid and after concur- rence in the award has been received from the CITY ; (4) To provide the STATE'S share to supplement the Federal funds, if applicable; (5) To bill the CITY for all non-participating construc- tion costs plus its share of the participating construction costs, and to reimburse the GITY for participating engi- neering and right of way costs, in accordance with the provi- sions covering the division of cost set forth under "BE IT MUTUALLY AGREED" of this AGREEMENT; • (6) To provide such guidance, assistance and supervision, and to monitor and perform audits, to the extent necessary to assure validity of the CITY'S certification of coiapliance with Titles II and III requirements. BE IT 1UTUALLY AGREE) that the cost of the improvement and division of cost shall be as follows: FHWA (%) STATE (%) CITY (%) Participating 49,147 ( 70.21 ) $ ( ) $ 20,853 ( 29.79) Construction Cost pion-participating ( ) ( ) ( ) Construction Cost Preliminary ( ) ( ) 3,500 ( 100.00) Engineering Construction 2,598 ( 70.21 ) ( ) 1 ,102 ( 29.79 ) Engineering Right of Way ( ) ( ) ( ) TOTAL $ 51 ,745 $ $ 25,455 BE IT FURTHER AGREED that the above costs are approximate and subject to change, and that percentage(s) shown will be used in the final divi- sion of costs for billing or reimbursement. BE IT FURTHER AGREED, that for payment of the CITY'S obligations incurred in connection with the proposed improvement, necessary appro- priations have been made and are evidenced by the attached resolution and/or road improvement statement. The methods of payment and reim- bursement are designated as follows: (a) The CITY will pay the total cost of Preliminary and Con- struction Engineering. If Federal-aid is being sought for Construction Engineering the STATE, upon award of the construc- tion contract, will pay to the CITY an amount equal to 95% of the estimated 'Federal share thereof, and will pay to the CITY , in a lump sum, the remainder of said Federal share upon completion of the proposed improvement, based upon final costs (subject to adjustment after audit). (b) The STATE will pay the total contract construction cost sub- ject to reimbursement by the CITY as follows: 2C\ Upon receipt of the first and subsequent progressive / bills from the contractor constructing the proposed improvement, the CITY will pay to the STATE an amount equal to the CITY'S estimated share A • divided by the estimated total contract construc- tion cost multiplied by the actual progress payment (appropriately adjusted for non-participating con- struction costs) until the entire CITY share has been paid. (c) The CITY will pay the entire cost of acquiring right of way and easements, if applicable. If Federal-aid is being sought for right of way, the STATE, subsequent to the award of the construction contract, will pay to the CITY an amount equal to the Federal share thereof. (d) The Federal share of the cost of the proposed improvement will be reimbursed to the STATE in accordance with current billing procedures for Federal-aid projects. BE IT FURTHER AGREED that this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement for Fed- eral-aid participation and in the event the contract covering the con- struction work contemplated herein is not awarded within three (3) years of the date of execution of this agreement. 6 This agreement shall be binding upon the parties hereto, their successors and assigns. . City Clerk in and for the City of McHenry of the State of Illinois, hereby certify that , the Mayor was duly authorized to execute the foregoing agreement on behalf of the City Council pursuant to a resolution adopted by the City Cnuncil at a meeting on • A.D. 19 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of , A.D. , 19 MY CLERK MAYOR day of , 19 (SEAL) (For Department of Transportation Use Only) Approved as Project SOS-D1 (61) Attest: State of Illinois Department of Transportation DIRECTOR OF HIGHWAYS SECRETARY day of , 19