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HomeMy WebLinkAboutRESOLUTIONS-1995-009-R-95• 1 /18/95 9-R-95 A RESOLUTION Authorizing the City Manager to Execute a Joint Agreement with the State and Other Municipalities to Engage in a Federally - Funded Project for Bicycle Racks and Lockers BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager of the City of Evanston is hereby authorized to execute a Joint Agreement with the State of Illinois and other members of the Chicago Area Transportation Study Councils of Mayors for the purchasing and installing of bicycle racks and lockers at various locations, said project to utilize certain federal funds. • Said Agreement is marked as Exhibit A attached hereto and incorporated herein b P Y reference. SECTION 2: That this Resolution shall be in full force and effect following its passage and approval in the manner required by law. Mayor ATTEST: - City Clerk Adopted: - y�,���i �� 1995 EXHIBIT A AGREEMENT • THIS AGREEMENT is entered into this day of , 199 A.O. by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the members of the Chicago Area Transportation Study Councils of Mayors, in the State of Illinois, hereinafter called the LOCAL AGENCIES. WITNESSETH WHEREAS, the parties hereto, in the interest of promoting the use of non -motorized vehicles to improve air quality, are desirous of purchasing and installing bicycle racks and lockers at various locations throughout District One of the STATE; and WHEREAS, the Village of Frankfort has agreed to act as the LEAD LOCAL • AGENCY, said improvement shall be identified as Frankfort Section 94-00020-00-3T, Federal Project No. CMM-7003(167) and STATE Job No. C-91-307-94; and WHEREAS, the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the residents of the area and permanent in nature; and WHEREAS, the parties hereto wish to avail themselves of certain Federal funds appropriated from the Congestion Mitigation and Air Quality Improvement (CMAQ) Program for this improvement. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereto agree as follows: -l- Frankfort 'Section 94-00020-00-BT District Wide Bicycle Racks 99681/1-18 I. LOCAL AGENCIES: Each Council of Mayors shall be represented by one LOCAL AGENCY which shall be billed for the costs associated with the improvement for all participating municipalities within that council and related to each council. These LOCAL AGENCIES and their respective section numbers are identified as follows: LOCAL AGENCY COUNCIL SECTION NUMBER 1. Frankfort (Lead) Will County 94-00020-00-ST 2. Bloomingdale DuPage County 94-00030-00-BT 3. Evanston North Shore 94-00203-00-BT 4. Buffalo Grove Northwest 94-00069-00-BT 5. Oak Park North Central 94-00218-00-BT 6. Brookfield Central 94-00108-00-BT 7. Orland Park Southwest 94-00038-00-BT 8. Kane County Kane County 94-00212-00-BT 9. Lake County Lake County 94-OOCOO-00-BT 10 McHenry County McHenry County 94-00199-00-BT 11. East Hazelcrest South Suburban 94-00016-00-BT II. THE LOCAL AGENCIES AGREE: (1) To provide for all uti=ity 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. (2) To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the equal Employment Opportunity and • Non-discrimination ,Regulations required by the U.S. Department of Transportation. -2- Frankfort Section 94-00020-00-BT District Wide Bicycle Racks • (3) That the LEAD LOCAL AGENCY shall 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 LEAD LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General 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, records, and supporting documentation are not available to support their purported disbursement. (4) The failure of the LOCAL AGENCIES to comply with Federal requirements may result in the loss (partial or total) of Federal participation 401, within that council as determined by the FHWA. (5) To pay to the STATE their respective financial contributions as follows: The LOCAL AGENCIES, upon receipt of the Contractor's first and subsequent progressive bills, to pay an amount equal to their share of the construction cost, divided by the estimated total cost, multiplied by the actual progress payment (appropriately adjusted for nonparticipating costs), until their entire obligation has been paid. To pay to the LEAD LOCAL AGENCY their pro-rata share of the local match portion of construction engineering and administration fees on the basis of periodic billings, provided each bill includes evidence of payment. (6) That execution of this agreement constitutes the LCCAL AGENCIES concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (7) To exercise their richis reserved under franchise :ranted to private utilities to cause private utilities to be -relocate; at -c expense to the STATE. -3- Frankfort Section 94-00020-00-BT District Wide Bicycle Racks • (8) Upon completion of the improvement and final inspection by the STATE the LOCAL AGENCIES shall maintain or cause to be maintained, in a manner satisfactory to STATE and FHWA, their respective portions of the improvement in accordance with established jurisdictional authority. (9) To the best of their knowledge and belief their officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or ag-ancy; (b) have not within a three-year period preceding this AGREEMENT been convicted of or had a civil judgement 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, or 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 (2) of this certification; (d) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State, local) terminated for cause or cef ault; III. THE STATE AGREES: (1) To provide independent assurance sampling, to furnish off -site material inspection and testing, at sources normally visited by State inspectors of steel, cement, aggregates, structural steel and other materials customarily tested by the State. (2) To reimburse the LEAD LOCAL AGENCY ,for the FHWA share of construction engireerinc on the basis of periodic billings, provided each bill . includes evidence of payment. -4- Frankfort Section 94-00020-00-BT District Wide Bicycle Racks • IV. IT IS MUTUALLY AGREED: (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) 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 witnn Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The STATE and LOCAL AGENCIES agree 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 and LOCAL AGENCIES shall take all necessary and • resonable 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 whole or in part with Federal funds provided under this agreement. The STATE and LOCAL AGENCIES shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of contractor or subcontractor, including procurement of materials and leases of equipment. The STATE and LOCAL AGENCIES 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. This Agreement shall be administered under the provisions of the STATE'S federally approved Disadvantaged Business 'nterprise Program. • -5- • • • Frankfort Section 94-00020-00-BT District Wide Bicycle Packs (3) The Division of Cost of the proposed improvement is estimated as follows: ITEM QUANTITY FHWA % LOCAL AGENCIES % TOTAL Bicycle Rack 657 $183,960 (80) $45,990 (20) $229,950. Type A5 Bicycle Rack 220 481400 (80) 12,100 (20) 60,500. Type B Bicycle Rack 175 49,000 (80) 12,250 (20) 61,250. Type C (Storage) Bicycle Locker 54 88,992 (80) 22,248 (20) 111,240. Concrete 376 3,008 (80) 752 (20) 3.760. Footing Concrete Pad 50,051sgft. 150,153 (80) 37,538 (20) 187,691. Traffic Control 1 4,000 (80) 11000 (20) 5,000. & Protection Construction 48,000 (80) 12,000 Engineering Non-Partipating Construction (0) (20) 60,000. (100) TOTALS $575,513. $143,878. $7191391. (See Addendum for quantities in each local agency) (4) This agreement and covenants contained herein shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. -6- Frankfort Section 94-00020-00-BT District Wide Bicycle Racks IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates below indicated. Executed by the CITY, the CITY OF EVANSTON day of , 199 ATTEST: CITY CLERK 10 By: CITY MANAGER • • APPLICABLE PERCENTAGE OF COST • FOR LOCAL SHARE OF TRAFFIC CONTROL AND CONSTRICTION ENGINEERING LOCAL AGENCY PERCENTAGE 1. Frankfort 3.92 2. Bloomingdale 26.72 3. Evanston 13.26 4. Buffalo Grove 11.13 5. Oak Park 2.75 6. Brookfield 0.69 7. Orland Park 4.64 8. Kane County 15.21 • 9. Lake County 8.86 10. McHenry County 2.77 11. E. Hazel Crest 10.05 TOTALS 100.00 • -20- ADDENDUM NUMBER ONE TO THE JOINT AGREEMENT • FRANKFORT SECTION 94-00020-00-BT FEDERAL PROJECT CMM-7003(167) STATE JOB NUMBER C-91-307-94 RACKS AND LOCKERS CONCRETE CONCRETE LOCAL AGENCY TYPE A5 TYPE 8 TYPE C LOCKERS FOOTINGS PAD (SQ. FT.) 1. Frankfort 34 0 0 3 30 1,955 2. Bloomingdale 70 23 108 28 4 12,992 3. Evanston 124 45 0 0 62 8,130 4. Buffalo Grv. 106 0 44 0 36 52350 5. Oak Park 24 9 0 0 2 1,900 6. Brookfield 6 0 5 0 0 175 • 7. Orland Park 28 56 0 0 108 1,105 8. Kane County 123 9 0 8 4 10,034 9. Lake County 41 61 8 5 60 31305 10. McHenry County 24 11 0 0 26 11720 11. E. Hazel Crest 77 6 10 10 44 31385 TOTALS 657 220 175 54 376 50,051 -19 - • MI01 N CJ g ®❑=;IG i®!9z �. ®� ��©ate io A. ❑©� C r b Ai.." I El a®�®oD8@©�®r,®®• oEmil OEM DOO©��® ❑ . uo. --MAPS — —OP THE — CITY of EVAN STON COOK COUNTY. I LLINOIS NOVEMBER 198E am-- ,m uo — LEGEND = we — PROPOSED LOCATIONS m FOR BICYCLE RACKS = so FY 94 SUBURBAN BICYCLE RACKS & LOCKERS PROGRAM LOCATION MAP FOR BICYCLE RACKS