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