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HomeMy WebLinkAbout6. New Business 02/01/2011Village of Mount Prospect Community Development Department MEMORANDUM 1 l� TO: FROM: DATE: SUBJECT MAYOR IRVANA WILKS JANET SAEWERT JANUARY 14, 2011 NW HOUSING COLLABORATIVE Over the past several months, the Metropolitan Planning Council has met with representatives of the northwest suburbs (Arlington Heights, Buffalo Grove, Mount Prospect, Palatine, and Rolling Meadows) to identify housing issues in our area. At the request of the Village Manager's office, Clare O'Shea has been representing the Village of Mount Prospect. Common issues facing each of the communities include the need to support and retain valuable workers, the foreclosure crisis, particularly related to condominiums, and the need to preserve and improve the rental stock. Since these issues extend beyond municipal boundaries, an interjurisdictional approach has been proposed, to address these challenges. Modeled after the approach taken by the west suburban and south suburban communities, it was proposed to hire a shared "Housing Coordinator" to coordinate our efforts. The Housing Coordinator, either an individual or a local nonprofit organization would work across borders on shared housing challenges, programs and policies in the municipalities of Arlington Heights, Buffalo Grove, Mount Prospect, Palatine, and Rolling Meadows. To secure funding for a Housing Coordinator, the Metropolitan Mayors Caucus and Metropolitan Planning Council are applying for funds from the Chicago Community Trust on behalf of our five communities. This application is due the third week of January. As part of this application, the Metropolitan Planning Council would like to include a support letter from each of the five communities as well as a small commitment of staff time to help facilitate this collaboration. The following key steps are proposed for the next 6 months for the Northwest cluster to further its interjurisdictional efforts with the help of CCT funding: • A full proposal is due to the Chicago Community Trust on January 21, 2011. This proposal will combine third year funding for the south and west suburban clusters with new funding for a housing coordinator for the Northwest cluster. • Ideally, letters of support from all five Northwest communities (separately or jointly) will be included with this proposal. • Each community will document the in -kind staff time that would be contributed to this effort over the coming year. As mentioned above, this staff involvement is expected to be no more than 1 -2 hours per week. • The decision of CCT to award funding will be made in late May. Upon award of funding, the communities will execute some type of fonnal commitment to the interjurisdictional effort. The format used will be determined by the member communities. Possibilities include a letter of commitment, a Northwest Housing Collaborative January 14, 2011 Paae 2 memorandum of understanding, or an intergovernmental agreement. The participating communities can choose the format most appropriate for this cluster. This commitment is required by CCT before the release of funding, which typically happens by July 1 5 ` No community will be required to contribute any resources to the effort beyond their investment of staff time. If a community decides that the effort is not helpful, they are free to stop working with the cluster at any time. The member communities will conduct a hiring process for their Housing Coordinator. Ideally, this process will be initiated prior to CCT's funding decision with hiring made contingent on the grant funding. This arrangement will allow the Housing Coordinator to begin work as quickly as possible after the grant award. Joanna Trotter, Community Development Director of the Metropolitan Planning Council has offered to explain the background efforts further or answer any questions we may have. Respectfully Submitted, Janet Saewert, Neighborhood Planner I P PLAN \MEMOS \201 I WK CCT application.docx N muxt Prospect Irvana K. Wilks Phone: 847/392 -6000 y Fax: 847/392 -6022 Mayor www.mountprospect.org 1 Village of Mount Prospect OFFICE OF THE MAYOR 50 South Emerson Mount Prospect, Illinois 60056 December 29, 2010 Terry Mazany President and Chief Executive Officer Chicago Community Trust 111 East Wacker #1400 Chicago, Illinois 60601 Dear Mr. Mazany: On behalf of the Village of Mount Prospect, 'I am writing to express our support for the Metropolitan Mayor's Caucus's proposal for a Northwest Housing Collaborative. This grant application to the Chicago Community' Trust builds on a strong inter- jurisdictional relationship among Arlington Heights, Buffalo Grove, Mount Prospect, Palatine, and Rolling Meadows. This collaborative nature regarding our shared housing challenges is supported and coordinated through the support of the Metropolitan Mayors Caucus and the Metropolitan Planning' Council Our municipalities` have been working together for over five years on shared housing issues, including joint outreach to employers, developers, and rental property owners. The funding requested in this proposal is critical to advancing our inter - jurisdictional collaborati We envision this continued collaboration as a foundation for future joint planning and activity on our shared housing issues and we hope to be a model for other communities. Mount Prospect welcomes the involvement of additional neighboring communities that embrace our.core priorities and strategies. The Village of Mount Prospect appreciates your consideration of this application and recommends this project. Sincerely, Mayor Irvana K. Wilks Village of Mount Prospect Metropolitan Planning Coun I To: Mount Prospect Village Board Michael Janonis, Village Manager From: Robin Snyderman, Metropolitan Planning Council Cc: Allison Milld, Metropolitan Mayors Caucus Date: January 27, 2011 Thank you for the opportunity to describe an interjurisdictional housing strategy in the Northwest suburbs and the proposed letter of support for a funding proposal to the Chicago Community Trust through the Metropolitan Mayors Caucus. This funding would be used to hire or contract a Housing Coordinator (either an individual or a local nonprofit organization) to work across borders on shared housing challenges, programs and policies in the municipalities of Arlington Heights, Buffalo Grove, Mount Prospect, Palatine and Rolling Meadows. BACKGROUND The Metropolitan Planning Council (MPC) is a regional policy, advocacy and technical assistance organization dedicated to promoting a more competitive, sustainable and equitable region. Founded in 1934, MPC's small staff and its extensive volunteer base - - — including its largely private sector, 60- person Board of Governors -- works with policymakers at every level of government, as well as community and business leaders, to tackle our region's most vexing growth and development issues. For example, ten years ago when the census spotlighted how the region's housing stock was failing to accommodate its population and job growth, MPC helped the Metropolitan Mayors Caucus (MMC) form a Housing Committee which developed effective tools and policies in the years to follow. MPC and MMC have subsequently worked closely with the Chicago Metropolitan Agency for Planning and the State of Illinois to continue advancing regional solutions that leverage private sector support and investment. Even as individuals towns successfully implemented the tools and policies created through the new MMC Housing Committee, it became apparent that a more strategic and interjurisdictional response would be needed in order to make a significant dent on the challenges faced. In 2007, the Northwest mayors engaged in the MMC Housing Committee suggested that the local interjurisdictional response begin with a focus on the business community, and Mount Prospect joined those mayors in co- hosting a successful forum entitled "Housing a Competitive Workforce." Subsequently, Mount Prospect launched its own employer- assisted housing program. While towns in the northwest were among those pursuing exploratory discussions to further joint housing strategies, the housing market crashed and a region -wide initiative sponsored by the Chicago Community Trust, the Federal Reserve Bank and Neighborhood Housing Services of Chicago lifted up the notion of interjurisdictional solutions as a promising policy opportunity in those troubled times. Towns throughout south and west Cook County had been particularly hard hit by the foreclosure crisis, and were eligible for federal foreclosure dollars allocated to the State and the County. Rather than competing with each other for those resources, two clusters of towns in those communities worked with MPC and MMC to form Collaboratives to pursue joint resources, programs and policy solutions. CASE STUDY: WEST SUBURBAN AND SOUTH SUBURBAN COOK COUNTY Although your Northwest suburban communities are distinct from the west and south suburbs and you face a unique set of issues, the inability for any single town to make a dent on complex housing issues is a common thread you do share with these communities. The Northwest cluster's pursuit of resources from the Chicago Community Trust to support your interjurisdictional efforts will build on the successes of the west and south clusters. The steps followed by the south and west clusters are described below as a reference point for how your joint effort may proceed: • Two years ago, the Chicago Community Trust (CCT) invited a proposal from two clusters in the west and south suburbs, who had each expressed interest in pursuing a joint approach to their shared foreclosure issues. • The proposal, submitted through the MMC on behalf of both clusters, provided funding to hire a shared housing resource (a "Housing Coordinator ") in each cluster to coordinate their efforts. • Four west suburban mayors and 13 south suburban mayors signed a letter of support included with the proposal, similar to the draft letter attached. • In -kind contributions, in the form of municipal staff time spent guiding the efforts of the Housing Coordinator, were the only required contribution as part of the proposal (e.g., 1 -2 hours per week per community was the typical in -kind contribution). • Upon approval of the CCT funding, the communities in the south and west clusters formalized their participation in the collaborative effort. The south suburbs each signed a letter of commitment outlining the goals of their effort, while the west suburbs executed a more formal intergovernmental agreement. • The clusters used a Request for Proposal (RFP) process to hire their Housing Coordinators. • The South cluster hired an individual as their Housing Coordinator. The West cluster hired a firm to play this role. In the Northwest cluster, your communities will guide this RFP process, jointly select your Housing Coordinator, and set the work plan for this new resource (see below for more detail on a potential work plan). The south and west clusters have achieved a number of successes in the two years since their efforts started. Their innovative collaborative approach has attracted additional funding from two other local foundations to support the work of the Housing Coordinators. Joint applications led by their Housing Coordinators have resulted in over $14 million of funding being awarded to the member communities for housing and community development efforts, with an additional $10 million pending approval and more in the pipeline. In addition to helping with the planning and structural issues, initial dollars will help acquire, preserve or redevelop over 200 properties. While the focus, opportunities, and successes of your Northwest cluster may be different, the important point is that a shared, dedicated housing resource for the capacity- constrained communities in the south and west suburbs has made a significant difference in what the towns have been able to achieve. I am confident that a Northwest cluster would be similarly successful. Furthermore, federal, state and regional governments continue to highlight sub - regional collaboration as a best practice, and the public sector is providing incentives and rewarding communities who take this approach to their common issues. In terms of the initial foundation grants, the south and west collaboratives were invited in for a third year of funding, for this January round, but for a smaller amount in recognition of the dollars leveraged from other sources. POTENTIAL NORTHWEST SUBURBAN WORK PLAN In April 2010, with new leadership at the U.S. Department of Housing and Urban Development (HUD), MPC reconvened representatives from four suburban clusters (including the Northwest), as well as key leaders and resources from HUD, CCT, the Illinois Housing Development Authority, the Regional Transportation Authority, the MacArthur Foundation's Preservation Compact and other entities to share lessons learned and explore next steps. The mayors and staff representing the Northwest cluster identified a work plan largely focused on its multi - family housing stock, which we have continued to refine at subsequent meetings. In October 2010, for example, new data was released showing that the largest foreclosure spikes — such as a 49.7% increase in foreclosure filings in Northwest Cook County when comparing the first 9 months of 2010 to those of 2009 — were largely attributable to the multi - family trends. In the first half of 2010, there were 156 foreclosure filings in Mount Prospect, 35% of which were in multifamily properties (101 were single family properties, 54 were condominiums). Third quarter 2010 showed a 140% increase in foreclosure auctions compared to third quarter 2009. 46 of the 48 auctions — or 96% — were not absorbed by the private market and thus became bank -owned and likely vacant. These multi - family and condo issues are shared across the five communities of your Northwest cluster and are the proposed initial focus of a Housing Coordinator. An initial effort was simply to invite northwest suburban multifamily apartment owners to a forum on resources available to help them. Attached is a web article posted by MPC after the November 17th forum with apartment building owners. The response was strong, with all parties identifying a number of pressing follow -up steps. HOW A NORTHWEST INTERJURISDICTIONAL EFFORT WOULD WORK The following are the key milestones related to the next 6 months for the Northwest cluster to further its interjurisdictional efforts with the help of CCT funding: • A full proposal was submitted to the Chicago Community Trust on January 21, 2011. This proposal combines third year funding for the south and west suburban clusters with new funding for a housing coordinator for your Northwest cluster. • Letters of support from three of the five Northwest communities were included with this proposal. Should it be approved, Mount Prospect's letter of support will be forward to the Chicago Community Trust to supplement the submitted application. • Each community documented the in -kind staff time that would be contributed to this effort over the coming year. Mount Prospect estimated its involvement at 2 hours per month. • The decision of CCT to award funding will be made in late May. Upon award of funding, the communities will execute some type of formal commitment to the interjurisdictional effort. The format used will be determined by the member communities. Possibilities include a letter of commitment, a memorandum of understanding, or an intergovernmental agreement. The participating communities can choose the format most appropriate for this cluster. This commitment is required by CCT before the release of funding, which typically happens by July 1sc • No community will be required to contribute any resources to the effort beyond their investment of staff time. If a community decides that the effort is not helpful, they are free to stop working with the cluster at any time. • The member communities will conduct a hiring process for their Housing Coordinator. Ideally, this process will be initiated prior to CCT's funding decision with hiring made contingent on the grant funding. This arrangement will allow the Housing Coordinator to begin work as quickly as possible after the grant award. Conclusion We are pleased from a policy vantage point that various regional, state and federal programs are evolving to encourage or require interjurisdictional coordination. From a practical perspective in Mount Prospect, we also think this is promising in terms of your self- interest in creating a sustainable program. If resources dry up, of course, and /or if the programs created with initial funding prove self- sustaining, there is no obligation to continue. That said, the current interest in supporting the northwest suburbs reflects a regional perspective on pressing trends and key priorities, and we hope Mount Prospect is among the towns that benefits from this attention and support. Thank you for your consideration. New guide offers resources nJassist multifamily property owners iumetro Chicago --M— Page }of7 Met Fop{)|itBDPlanning CnUDci| New guide offers resources to assist multifamily ���������������� in metro ��h property ^ _ av Robin Sri y dexnun. Vice President ofcommvnityDevelopment November uo20m /���� Owners cf multifamily properties in the Northwest Cook County recently found a pleasant surprise in their mailboxes: Ra than a dreaded code enforcement notice, tax bill, or any other citation or invoice, they received an unprecedented invitation to discuss the long-term sustainability of their properties with municipal leaders on Nov. 17, Those who accepted the invitation — about 70 municipal leaders and owners/managers of multifamily buildings, representing more than 4,000 apartments and condominiums — learned about the regional movement to preserve multifamily properties. They also received o copy of the new Multifamily Resou:e Guide .alist of public and private sector resources for energy assistance, financing, preservation, tenant relations, and more. Arlington Heights Mayor Arlene Mulder and Rolling Meadows Mayor Ken Nelson set the tone for afrank discussion in their invitation, which they extended to northwest suburban multifamily property owners on behalf of Metropolitan Mayors Caucus, MPC, Preservation Compact, and others. They wrote, "We are committed to working to ensure that [your] properties continue to be stable and vibrant community assets for residents and the surrounding neighborhood. Needless Vo say, werecognize that today's nnonomy places additional challenges on the shoulders of owners, municipal |eadeo, and residents." Though the economy is picking up, the recession affected both the supply of and demand for housing in metropolitan Chicago, At the event, Allison Clark of the MacArthur Foundation addressed both economic and social trends that have informed the Preservation Compact, a regional strategy to address the loss of affordable rental housing in Cook County. Roberto Requejo of The Chicago Community Trust focused on foreclosure data that sparked the creation of the Regional Horne Ownership F'reservation Initiative in 2008, the regional response to the foreclosure crisis. Both public and private sector attendees were empowered by the ~wem listening" message from these philanthropic leaders. The agenda also featured a panel of speakers who discussed resources available to help multifamily property owners maintain stable, vibrant properties. They highlighted several keystone initiatives of the Preservation Compact, as well as the new Suburban Cook CouniyMu|dtam|!y Preservation Initiative . a new financing program that encourages the rehabilitation of quality rental homes by creating a "one-stop financing shop" for experienced multifamily owners and developers. The Multifamily Resource Guide — produced by municipal leaders, Preservation Compact, Chicagoland Apartment Assoc and partners including MPC — was well-received by attendees on Nov. 17. In an exit survey, participants underscored the need for afollow-up forum dedicated solely to condominium trends, which anecdotally confirms recent Woodstock Institute data showing concerning spikes in foreclosures among northwest Suburban condominiums. Nearly ail the respondents checked "energy efficiency" as an area where they'd like follow-up support, and most also checked "mortgage lending," "financing to `^`"°`"`' New guide offers resources k/assist multifamily property owners iumetro Chicago --M— Page 2of 2 reduce rehab, operating cogn.^ and "property management tnaining.^ Many checked "condo owner or association asoistanoe.^ and "foreclosure mitigation," and several also expressed interest in bilingualfbicultural tenant resources. While there's more work hobe done, the event further validated the expanding regional focus on|nterjuhadicUona|solutions, which bring towns together to develop efficient solutions to shared challenges. "My peers and I find it very inefficient to create or even recreate new wheels as we explore how to work with private sector owners and managers to promote the stability and affordability of their apartment buildings and condominiums," confirmed Arlington Heights Housing Planner Nora Boyer. I think that local owners appreciate the proposed consistency from town \utown. VVe had similar feedback from area employers, a few years back, when we presenting a unified voice to them as well. We're all energized by the possibilities of working We would like to t Wintrust Financial & it's member banks Barrington Bank & Trust Company, N.A. and Village Bank & Trust for sponsoring the convening of multifamily property owners and municipal leaders in the northwest suburbs of Cook County � multifamily properties, PfesemabonCompact. Re8ionm| HmneDwnersh|p Preservation Initiative, Suborb*n Cook County Multifimily Pesemation|nhiativc. Articles Posts I'JuOtirnedia Projects Some are calling new "PETRA Bill" the most aggressive housing proposal since the initial Housing Act of 1937 vyRommmn The U.S. Dept. of Housing and Urban Development (MUD)currently provides deep rental assistance 0n more than 4.Omillion households through 13 different programs, each with its own rules, administered by three operating divisions with separate field staff. To simplify this, HUD recently introduced- 1. Planning from http:/fwww,humph,eys.rn.vWphvate_ao|iciturs�/p|aoning_1.htmpn December c.2o10 Nice post keep continue with this kind of article. rm°v�pcan ^°mu"* mo:va,"p"�*��"m" Metropolitan Plannin Council 1'm South Dearborn Street, Suite ,wm Chica Illinois o06v |(312)m2-nvm phone |(3o)oz2-5am fax |/"*@metron/°nn."o"m oum/^om 2011 Metropolitan P/u"o/nnCouncil All rights reserved ne,muoruwe pxvocvponcv a.snm Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS. FROM: VILLAGE ENGINEER �, DATE: JANUARY 26, 2011 SUBJECT: RESOLUTION TO AUTHORIZE EXECUTION OF KENSING AD IMPROVEMENT AGREEMENTS PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTI N ($122,199.00) LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION L ETTER OF INTENT BACKGROUND The Village is seeking to have improvements made to Kensington Road, between Forest Avenue and Route 83, which include complete pavement reconstruction, right turn lanes at Route 12 and Route 83, widening to a 3 lane cross section, and storm sewer, sidewalk and street light improvements. Upon completion of construction IDOT will transfer maintenance and jurisdiction of the roadway to the Village. On May 5, 2009 the Village Board awarded a contract to Gewalt Hamilton Associates, Inc. for the Phase I Engineering Study in an amount not to exceed $156,313.00. That study has been completed and submitted to IDOT for approval. The project has been approved for federal funding by the Northwest Council of Mayors for the Phase II Design Engineering and Phase III Construction and Construction Engineering. The estimated project cost is $3,611,010.00, including engineering. DISCUSSION With the approaching approval from IDOT of the Phase I Engineering Study, the next phase will require execution of additional agreements for Phase II Design Engineering in order to be eligible for the federal funding and to keep the project progressing. The Village must enter into a PRELIMINARY ENGINEERING SERVICEs AGREEMENT FOR FEDERAL PARTICIPATION with a consulting engineer to complete the design engineering for the project. Prior to awarding the Phase I contract to Gewalt Hamilton Associates, Inc. the Village requested a statement of qualifications from five consulting engineering firms to perform Phase 1, Project Preliminary Engineering Services and Phase II Design Engineering Services. After reviewing and evaluating the qualifications, the Village selected to negotiate an agreement with the first ranked consultant, Gewalt Hamilton Associates, Inc. for the Phase 1 work. Their Phase I work has been satisfactory and because of their specific knowledge about this project, it is my recommendation that the Phase II Design I Page 2 Kensington Road Improvements January 26, 2011 Engineering contract be awarded to Gewalt Hamilton Associates, Inc., in the amount not to exceed $122,199.00. The Village must also enter into a LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION with IDOT to secure the federal participation for the Design Engineering cost. The expected cost participation is: Federal Participation State Participation Village Participation $61,099 (50 %) $30,550 (25 %) _ $30,550 (25 %) IDOT has also requested that the Village sign a project LETTER of INTENT which will serve as the basis for the formal intergovernmental agreement between the Village and IDOT that will establish the financial participation for construction / construction engineering once the Phase 11 Design Engineering is complete and will include specific language regarding the transfer of maintenance and jurisdiction. We estimate the Village's share of the construction / construction engineering cost to be $97,105.00. Funds are included in the 2011 budget for these proposed agreements. The funding source for the Village share of this project is $175,000 in grants and the balance from MFT funds. RECOMMENDATION It is my recommendation that the Village Board approve a resolution authorizing execution of the following documents at the February 1, 2011 Village Board Meeting relating to the Kensington Road Improvement Project: • PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION ($122,192.20) • LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION (Federal Share 50 %, State Share 25 %, Village Share 25 %) • LETTER OF INTENT (Establishes financial participation and jurisdictional transfer of completed project) lulbecker I concur with the above recommendation. Glen R. Andle , Director of Public Works H: \Engineering\Agencies \N WMC\sTPProjects \KensingtonRd \Phase) I \ConsultantRecMm 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE INTERGOVERNMENTAL AGREEMENTS AND LETTER OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR KENSINGTON ROAD IMPROVEMENTS WHEREAS, the Village of Mount Prospect (the "Village ") is a home rule unit of government pursuant to the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract or otherwise associate among themselves to obtain or share services, and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Village and the Illinois Department of Transportation ( "IDOT ") are "public agencies" as defined in the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Village is seeking to have improvements made to Kensington Road, between Forest Avenue and Route 83, which improvements include, among other things, complete pavement reconstruction, right turn lanes at Route 12 and Route 83, widening to a three (3) lane cross section, and storm sewer, sidewalk and street light improvements (the "Kensington Road Improvement Project "); and WHEREAS, the Northwest Council of Mayors has approved federal funding for the design engineering, construction engineering, and construction of the Kensington Road Improvement Project; and WHEREAS, IDOT has agreed to participate in the Kensington Road Improvement Project by providing State of Illinois funding in exchange for the Village's agreement to accept jurisdiction of Kensington Road from Forest Avenue to Illinois Route 83; and WHEREAS, (DOT's participation further requires the Village to enter into the following intergovernmental agreements with IDOT: 1) Preliminary Engineering Services Agreement for Federal Participation; 2) Local Agency Agreement for Federal Participation and 3) a Letter of Intent, which will serve as the basis for the preparation of the future intergovernmental agreement between the Village and the State of Illinois, including the necessary jurisdictional transfer agreement (collectively the "Intergovernmental Agreements "); and WHEREAS, the State of Illinois will transfer maintenance and jurisdiction of the roadway to the Village upon completion of the Kensington Road Improvements; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village will be served by entering into the Intergovernmental Agreements. 2636071 1 8 NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS AND AUTHORITY SET FORTH IN THE ILLINOIS CONSTITUTION OF 1970 AND ILLINOIS INTERGOVERNMENTAL COOPERATION ACT (5 ILCS 220/1 ET SEQ .), AS FOLLOWS: SECTION ONE: The recitals set forth above are incorporated by reference into this Section One as materials terms. SECTION TWO: That the President and Board of Trustees hereby approve the following intergovernmental agreements: 1) (DOT'S Preliminary Engineering Services Agreement for Federal Participation, attached and made a part of this Resolution as Exhibit "A "; 2) IDOT's Local Agency Agreement for Federal Participation, attached and made a part of this Resolution as Exhibit "B "; and 3) the Letter of Intent, attached and made a part of this Resolution as Exhibit "C." SECTION THREE That the President and Village Clerk of the Village of Mount Prospect are hereby authorized to execute the intergovernmental agreements, described in Section Two of this Resolution. SECTION FOUR That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 1 day of February, 2011. ATTEST: M. Lisa Angell Village Clerk Irvana K. Wilks Mayor 2636071 2 Loc al Agency V of Mount Prospect L ukioi5 � & Consultant Gewalt Hamilton Associates, Inc O C of Transportation C 0 Address 850 Forest Edge Drive County Cook A L A Preliminary Engineering N S U L Clry Vernon Hill Section 09 Project No. State M (434) G Services Agreement T Zi p p Code Job No. E For A D -91- 875 -09 N Federal Participation N Contact Name/Phone/E-mail Address Contact NamelPhonelE -mail Address Jeff Wulbecker C T Kevin Belgrave (847) 870 -5640 Y (847) 478 -9700 THIS AGREEMENT is made and entered into this day of , 2011 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Kensington Road Termini Fnract Avant is to II Rte R3 Route FAU 1295 Length 0.65 mi Structure No. N/A Description Roadway reconstruction from 2 lanes with open ditch to 3 lanes with closed drainage system. Aareement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man - hours shown in EXHIBIT A. If higher - salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 1/7/2011 11:10:41 AM The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b, agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) 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, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and /or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. • Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. • Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be fumished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 1/7/2011 11:10:41 AM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC] Specific Rate Lump Sum Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor ❑ (Pay per element) ❑0 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this'agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). III. IT IS MUTALLY AGREED, That no work shall be commenced by the ENGINEER prior to issuance by the IA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610 (Rev. 9106) Printed on 1/7/2011 11:10:41 AM 3. That all reports, plans, estimates and special provisions fumished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such fumished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be fumished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 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 STATE; 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. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and /or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor /grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c.. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 9/06) Printed on 1/7/2011 11:10:41 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Sub - Consultants: TIN Number A reement Amount Sub - Consultant Total: Prime Consultant Total: $122,192.20 Total for all Work: $122192.20 Executed by the LA: ATTEST: By: (SEAL) Executed by the ENGINEER: ATTEST: By: Title: Page 5 of 7 Printed on 1/7/2011 11:10:41 AM Village of Mount Prospect (MunicipaGtylrownship/County) By: Clerk Title: Gewalt Hamilton Associates, Inc By: Title: BLR 05610 (Rev. 9/06) 'o -o m m n m o O z V N) N 0 O D W r 0 w 0 c rn rCD000 9 N N (nn N M CD c) EE Q. �y�co o v1111 21 n fD X X X p aaa 3 (DMM (D CD CD N W N i W 7 0 0 0 N 0 0 X X ;u -- 0 r 0 �O _ 0 0 y + + �p nn 0 T! c fD 3 a (p M a Q- u fD C N N CL 0 ° >� N A N O < Sp S a W y 0 0 C O ID 0 (D Ch rr '= tG � v o O q �� I 7 D mm <D X rn A CD v� CD CD N. a 0 -„ cn _ WWWOD fD fD (D (D n C>>C CL CL CD (D QQ <D Nm 3 Q Q Q C Q y n K 0 M i A w V w hi PD 4 co CD 3 W O N 9 O o 0000 c so 00 O c rnc�'000 xd W Ai OD 4) l< rr y 69 .696969 -A "N 0 CD O O N W C) 0 W bo 0 V ql N OODD0 O ) 0� ..r '► y rt O W -% W W cn w vrncpw O 0 0) O CJ1 O ' O v C.5 O V 0 y Q 3 v 0 2) C 02 CD t7i y �G � 69 <0 0000 /0969 6 v O O 0000 0 0 � v = O o 00 .► 0 0 N 69-694A fA ? CO Wt0 0 N co '9 W �1 O. Cn w O W Vt N �e 0 co W W r► , 69 69 4A N 0ON� 0 cn —I " v0N,O , 0 dl N 00(A y rCD000 9 N N (nn N M CD c) EE Q. �y�co o v1111 21 n fD X X X p aaa 3 (DMM (D CD CD N W N i W 7 0 0 0 N 0 0 X X ;u -- 0 r 0 �O _ 0 0 y + + �p nn 0 T! c fD 3 a (p M a Q- u fD C N N CL 0 ° >� N A N O < Sp S a W y 0 D5, O Q. 0 (D O '= tG � v o O q C- "v CD r- ;u O (D O O Q B. 0 N N Z 0 D' co CD `G o m 6 D C c000���. aDW to � v 0 CJ .0p. w CD O co CD p c O� ~ 'O � < o � Q 0 3 D H TTt �V C o O i rp CD M Q v 3 pt m m 7 3 tG cxniouE a Illinois Department of Transportation Prime Consultant Name Address Telephone TIN Number Project Information Gewalt Hamilton Associates 850 Forest Edge Dr, Vernon (847) 478 -9700 Local Agency Village of Mount Prospect Section Number 09- 00154 -00 -PV Project Number M -9003 (434) Job Number D -91- 875 -09 Engineering Payment Report Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 1/7/2011 11:10:41 AM This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub - consultant for the amount listed below. W c m c 0 0 m w m a m e O 3 m n i W 0 O N r � rt � CA 'D N V N C� d .a N O N V o CD N cR G 0 � CA a C iu O IV w v -c 0 -� X m m co ° a � CCCC ca m5 Z a r m n O z -1 arn m m 3 m n 0 z M ��IiI -< INI-I m o fp -0 M z� 33 �2 c V m 'o m 3 m z I v c� A S d 3 0 w N O C) a N 7 n o °G m-4 �m=� om m :O y I D o C m S 0 z w c c� o w e - a m a j O a �v C N .a A O W A CG DF- 824 -039 REV 12/04 PAYROLL RATES FIRM NAME Gewalt Hamilton Associ DATE PRIMEISUPPLEMENT Prime PSB NO. ESCALATION FACTOR 0.25% 01/07/11 CLASSIFICATION CURRENT RATE CALCULATED RATE Principal Engineer $56.67 $56.81 Senior Engineer $48.91 $49.03 Professional Engineer $34.50 $34.59 Registered Land Surveyor $34.88 $34.97 Staff Engineer $24.89 $24.95 Sr Engineering Technician $27.70 $27.77 Engineering Technician II $18.75 $18.80 Engineering Technician 1 $12.87 $12.90 Secretery $18.08 $18.13 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 1/7/1111:08 AM 0v M o o a �- v N 0D w LL o� O W i V W �2 w CL J O ' W V W 9 V C N . a+ (6 O y. W' Q c' 0 1m d �m �a V. 0 0 W Q W L F- z W 2 W J a a (L � 3 a ° o V e a o E o S a o M ID ID e o 0 a m cl co M d c c c o co M M 7 t0 fD t0 co a = rn v, 3a co (6 oiw a . rn N 69 e a e �e ��� m o d m v vi N ri N to o W LO LO 'o m � a = 0> D M N .- + y Qor:cd o� LO a w m c 0 d r tD f� (V (V N O R N N C U. .O O N N 7 -D ° M O a o� > U P N m 3 a N o v° A d ad co ° c m c e � O r G = N N N Of > N a r � o 0 N N O d N N m IA N N N O H LU F W S O O N'd'00>COtpO I MD O V 0 a 000 m co 0 O w N NN e- NN M N a 0 J Ve W �MOf t opOtpC101hcgq LO fl- 00M QO (OOd �(pvM d'N0DN00 NN.- -- S `m c� Utt O N N� c � t U U a) -1 Q -1 cw CO 4) c CO) V t0 .0 0 LL •- w O C r d cn c y — `- y :? W '— N c N N °' o o v a`ina�cowwiW 1 c ° n' Q O c �l This Agreement 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 ". Location Local Name Kensington Road Route FAU 1295 Length 0.65 miles Termini Forest Avenue to IL Rte 83 Current Jurisdiction LA Existing Structure No Project Description Phase II Design Engineering Services including plan and profile, drainage and utility, typical sections, cross sections, pavement marking, traffic control plans, erosion control, traffic signal plans, and contract specifications for the reconstruction of Kensington Road from an existing 2 -lane section to a 3 -lane section from Forest Avenue to IL Rte 83 in the Village of Mount Prospect, Cook County. Division of Cost Type of Work Participating Construction Non - Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities Materials FHWA % STATE % LA % Total 61,099 ( 30,550 ( ** ( 30,550 BAL ) 122,199 TOTAL $ 61,099 $ 30,550 $ 30,550 $ 122,199 *Maximum FHWA (STU) participation 50% not to exceed $61,100.00. * *Maximum State Participation not to exceed $30,550, to be used as match. 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. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% of LA Obligation) METHOD B - -- Monthly Payments of METHOD C --- LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 1/27/2011 Page 1 of 5 BLR 05310 (12/08/10) ID Local Agency State Contract Day Labor Local Contract RR Force Account ulinois Department of Transportation Village of Mount Prospect X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 09- 00154 -00 -PV STU Construction Enciin eerin Ri ht -of -Wa Job Number Project Number Job Number Project Number Job Number Project Number D -91- 875 -09 M-9003(434) This Agreement 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 ". Location Local Name Kensington Road Route FAU 1295 Length 0.65 miles Termini Forest Avenue to IL Rte 83 Current Jurisdiction LA Existing Structure No Project Description Phase II Design Engineering Services including plan and profile, drainage and utility, typical sections, cross sections, pavement marking, traffic control plans, erosion control, traffic signal plans, and contract specifications for the reconstruction of Kensington Road from an existing 2 -lane section to a 3 -lane section from Forest Avenue to IL Rte 83 in the Village of Mount Prospect, Cook County. Division of Cost Type of Work Participating Construction Non - Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities Materials FHWA % STATE % LA % Total 61,099 ( 30,550 ( ** ( 30,550 BAL ) 122,199 TOTAL $ 61,099 $ 30,550 $ 30,550 $ 122,199 *Maximum FHWA (STU) participation 50% not to exceed $61,100.00. * *Maximum State Participation not to exceed $30,550, to be used as match. 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. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% of LA Obligation) METHOD B - -- Monthly Payments of METHOD C --- LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 1/27/2011 Page 1 of 5 BLR 05310 (12/08/10) ID Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility 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. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 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 department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; 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. (8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 1/27/2011 Page 2 of 5 BLR 05310 (12/08/10) (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the (DOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment 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 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 (b) of this certification; and (d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 1127/2011 Page 3 of 5 BLR 05310 (12/08/10) (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A -133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the Central Contractor Registration (CCR), which is a web - enabled government -wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. If you do not have a CCR number, you must register at httos: / /www.bpn.gov /ccr If the LA, as a sub - recipient of a federal funding, receives an amount equal to or greater than $25,000 (or which equals or exceeds that amount by addition of subsequent funds), this agreement is subject to the following award terms: http: / /edocket. access. qpo.gov /2010/pdf/2010- 22705.0 and http: / /edocket. access. gpo .gov /2010/pdf/2010- 22706.pdf THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way, utility work and /or construction work: (a) To reimburse the LA for the Federal and /or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et sea .) unless the provisions of that Act exempt its application Printed on 1/27/2011 Page 4 of 5 BLR 05310 (12/08/10) ADDENDA Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map (Insert addendum numbers and titles as applicable) 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 exhibits indicated above. APPROVED Local Agency APPROVED State of Illinois Department of Transportation Irvana K. Wilks Name of Official (Print or Type Name) Mayor Title (County Board Chairperson /MayorNillage Presidentletc.) (Signature) Date The above signature certifies the agency's TIN number is conducting business as a Governmental Entity. DUNS Number NOTE If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Gary Hannig, Secretary of Transportation Date By: (Delegate's Signature) (Delegate's Name - Printed) Christine M. Reed, Director of Highways /Chief Engineer Date Ellen J. Schanzle- Haskins, Chief Counsel Date Matthew R. Hughes, Acting Director of Finance and Administration Date Printed on 1/27/2011 Page 5 of 5 BLR 05310 (12/08/10) Illinois Department of Transportation Division of Highways / Region 1 / District 1 201 West Center Court / Schaumburg, Illinois / 60196 -1096 Telephone 847/705 -4000 December 30, 2009 The Honorable Irvana K. Wilks Mayor Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Dear Mayor Wilks: This is in response to your letter dated July 21, 2009 requesting that the Illinois Department of Transportation participate in the proposed roadway improvements on Kensington Road from Forest Avenue to Illinois Route 83 in the Village of Mount Prospect. This will serve as a Letter of Intent between the Illinois Department of Transportation and the Village of Mount Prospect outlining the State's anticipated financial participation in this locally initiated improvement. The general scope of work for this improvement involves roadway widening and reconstruction from the current two -lane cross section to a three -lane section and the provision of right turn lanes to accommodate eastbound traffic at Illinois Route 83, and westbound traffic at U.S. Route 12. No additional highway right -of -way is anticipated for this improvement. It is our understanding that the Village of Mount Prospect has secured Surface Transportation Program (STP) funding through the Northwest Council of Mayors for Design Engineering, Construction, and Construction Engineering. The Department further understands that the Village of Mount Prospect has initiated the Phase I preliminary engineering at no cost to the Department. In recognition of the Village of Mount Prospect's commitment to this proposed improvement, and in exchange for the Village of Mount Prospect accepting jurisdiction of Kensington Road from Forest Avenue to Illinois Route 83, the Department agrees to State financial participation in the locally imitated improvement. The State's financial participation in the proposed locally initiated project is limited to the non - federal portion of the payable construction items and construction engineering for the State -owned facilities. The Department also agrees to share in the .non - federal portion of the Phase II design engineering for the payable construction items associated with the State -owned facilities. The Department's financial participation for payable construction items will be in accordance with the attached Exhibit "A" and is estimated and outlined in the table below. The Village of Mount Prospect will be required to participate in the non - federal portion of engineering and construction costs associated with any locally owned facilities in accordance with Exhibit "A ". The Honorable Irvana K. Wilks December 30, 2009 Page two The Departments maximum participation in the non - federal portion of this project shall not exceed $1,030,300. The Village of Mount Prospect agrees to continue to act as the lead agency for this improvement and will continue to process this improvement through the District's Bureau of Local Roads and Streets. Any increase in State participation in this locally initiated improvement must be requested in writing and approved prior to any expenditure. This Letter of Intent will serve as a basis for the preparation of the future intergovernmental agreement between the Village of Mount Prospect and the State, including the necessary jurisdictional transfer agreement. The Department will make every effort to program the State financial participation in the appropriate future fund year to coincide with engineering and construction activities. The State's financial participation will be available and the Village will accept jurisdiction of Kensington Road from Forest Avenue to Illinois Route 83 upon execution of the future formal intergovernmental agreement. At the end of this letter, there is an area where you can state your concurrence to the State financial participation in this locally initiated improvement. Please indicate your concurrence and return an original signed copy of this letter at your earliest convenience. If you have any questions or need additional information, please contact me or Mr. Earl D. Dunn Sr., Area Programmer, at (847) 705 -4082. Very truly yours, La G L-. Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer Total Federal % State % Local % Phase I Engineering $156,313 $0 0% $0 0% $156,313 100% Phase II Design Engineerin $122,197 $61,099 50% $30,549 25% $30,549 25% Construction $3,100,000 $2,170,000 70% $930,000 30% 1 $0 0% Construction Engineering $232,500 $162,750 70% $69,750 30% 1 $0 0% Totals $3,611,010 $2,393,849 66% $1,030,299 29% 1 $186,862 5% The Departments maximum participation in the non - federal portion of this project shall not exceed $1,030,300. The Village of Mount Prospect agrees to continue to act as the lead agency for this improvement and will continue to process this improvement through the District's Bureau of Local Roads and Streets. Any increase in State participation in this locally initiated improvement must be requested in writing and approved prior to any expenditure. This Letter of Intent will serve as a basis for the preparation of the future intergovernmental agreement between the Village of Mount Prospect and the State, including the necessary jurisdictional transfer agreement. The Department will make every effort to program the State financial participation in the appropriate future fund year to coincide with engineering and construction activities. The State's financial participation will be available and the Village will accept jurisdiction of Kensington Road from Forest Avenue to Illinois Route 83 upon execution of the future formal intergovernmental agreement. At the end of this letter, there is an area where you can state your concurrence to the State financial participation in this locally initiated improvement. Please indicate your concurrence and return an original signed copy of this letter at your earliest convenience. If you have any questions or need additional information, please contact me or Mr. Earl D. Dunn Sr., Area Programmer, at (847) 705 -4082. Very truly yours, La G L-. Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer The Honorable Irvana K. Wilks December 30, 2009 Page three Concur Do Not Concur Signature Title Date Exhibit "A" TRAFFIC SIGNAL PARTICIPATION Within the improvement limits involving the State -owned portion of the interchange facility, existing traffic signals will be installed, modernized, or relocated to conform to Federal Highway Administration (FHWA) requirements. The cost participation associated with traffic signal installation, modernization, or relocation will be in accordance with 92 Ill. Adm. Code 544 "Financing of Traffic Controf — Sigma - Installations, Modernization, Maintenance, and Operation on Streets and Highway under State Jurisdiction." Traffic signals may be installed only where conditions meet warrants established in the current Illinois Manual on Uniform Traffic Control Devices. if a new signal installation is warranted, it may be included within the roadway improvement. Current IDOT policy requires that IDOT and Local Agency (ies) share the responsibility for installation, modernization, and relocation of traffic signals. The installation, modernization, and relocation of pedestrian signals associated with traffic signal improvements will also require the Department and Local Agency (ies) to share financial responsibility. The eligible share of the cost to each agency will be in proportion to the number of intersection approaches that the agency maintains. Generally, traffic signal costs are 90% State and 10% local agency based on established cost participation policy. IDOT will participate in the local agency share for the State -owned legs of an intersection. At locations where all legs of an intersection are State - owned, IDOT will participate in 100% of the cost of the traffic signal installation, modernization, or relocation. Closely spaced new or modernized traffic signals within the improvement limits generally require signal coordination or hardware interconnection for the purpose of providing vehicle progression. IDOT will be financially responsible for 100% of coordination or interconnection costs. IDOT will be financially responsible for 100% of the installation and modernization of traffic signals at ramp terminals of ramps connecting to or from a State highway. The entire cost of installing push button ( "Fire pre- emption ") and emergency vehicle pre- emption equipment ( "Opticom ") is the responsibility of the requesting local fire district or municipality. The entire cost of installing, modernizing, relocating, maintaining and energizing private benefit signals is the responsibility of the private benefit agency being served by the traffic signals. However, IDOT will enter into a formal agreement for a private benefit signal installation only with the local jurisdictional or governmental agency. It should be noted that an agency involved might voluntarily assume responsibility for another agency's share of the cost in order to expedite the installation or modernization. When warrants are met for school crossing signals at public road intersections, the eligible share to each agency for the installation and modernization cost shall be split on a 50/50 basis or in proportion to the number of intersection approaches that each agency maintains. TRAFFIC SIGNAL MAINTENANCE At intersections lying wholly outside the Corporate Limits of any municipality, IDOT will be responsible for the maintenance of the signals. At intersections lying wholly or partially within the Corporate Limits of one or more municipalities, IDOT will assume the following costs for the maintenance of traffic signals on State highways within municipalities: (A) The total costs for all signals at the intersections of two or more State highways. (B) The total costs for all signals at the intersections along State highways that have an average daily traffic in excess of 35,000 vehicles per day as shown on the latest published edition of the traffic volume (AADT) map. The District Engineer will determine the limits of this section within the municipality. (C) The total costs for all signals located at the terminals of ramps connecting to or from a State highway. (D) At all other intersections IDOT and the municipalities will share in the cost of signal maintenance. The cost to the municipalities will be in proportion to the number of approaches that they maintain. ENERGY CHARGES The division of financial responsibility for the energy charges will be as follows: (A) At intersections lying wholly outside the Corporate Limits of any municipality, IDOT will pay the energy charges for the operation of the signals. (B) At intersections lying wholly within the Corporate Limits of a municipality, IDOT and the municipality will share the energy charges according to the proportionate number of intersection approaches maintained by each agency. (C) At intersections lying partially within the Corporate Limits of one or more municipalities, the municipalities will be responsible for the energy charges. Traffic Signal Master Agreements, consummated by IDOT, give municipality defined maintenance and energy responsibilities required for the operation of traffic signals. New traffic signal improvements shall contain maintenance and energy provisions in the improvement agreement adding the new traffic signals to said Master Agreement. Existing traffic signals to be modernized or relocated, shall contain maintenance and energy provisions in the improvement agreement indicating traffic signal maintenance and energy responsibilities for given traffic signal(s) shall continue to be as outlined in the Master Agreement. Certain circumstances, such as jurisdictional transfers of roadway segments affecting signalized intersections with the improvement limits, could result in a revision to maintenance and energy responsibilities contained in the•Master Agreement for a given traffic signal(s). An amendment to the Master Agreement would be required. IDOT does not share in maintenance costs for school crossing signals unless specified otherwise in the Master Agreement or if the school crossing signals are installed at public road intersections for which the maintenance costs shall be shared in proportion to the number of intersection approaches that each agency maintains. PARKING LANES If a new parking lane is added, IDOT will participate in 50% of the cost if the ADT is greater than 5,000 vehicles per day and if the pavement composition and lane width meets the IDOT criteria. The municipality would assume the total cost (100 %) of the parking lane if the pavement composition or lane width does not meet IDOT criteria or if the ADT is less than 5,000 vehicles per day. If an exclusive existing parking lane requires resurfacing, IDOT will participate in 50% of the milling and resurfacing costs for parking with lane widths equal to or less than the adjacent travel lanes. The municipality will assume the total cost (100 %) of the milling and resurfacing costs for that portion of the parking that is greater than the width of the adjacent travel lane. The municipality will also assume 100% of any base repair cost for the entire width of the existing parking as well as any patching and curb and gutter repairs. If the municipality declines to participate, a very minimal amount of resurfacing would be done IDOT expense. ( Minimal amount of resurfacing is defined as a taper across the parking lane ranging from approximately 1% inch thick adjacent to the through lane to 1 inch or less adjacent to gutter line). IDOT will assume the total cost (100 %) associated with the milling and resurfacing of parking lanes when parking is eliminated during one or more peak hours. The municipality is responsible for the total cost (100 %) of reconstructing existing parking and any adjacent curb and gutter. The State will not consider an improvement of a State - maintained highway unless the proposed parking or existing parking adjacent to the traffic lanes is parallel parking except as provided under Chapter 95 1/2 Art. 11- 1304(c) (Illinois Revised Statutes). Parking prohibition ordinances will be required through areas where there are no parking lanes. ROADWAY MAINTENANCE The State will assume the cost of the maintenance of the through traffic lanes, turning lanes, and the curb and gutter adjacent to these traffic lanes. The municipality will assume the cost of the maintenance of all other facilities, such as storm sewers, parkways, exclusive parking lanes, curb and gutter adjacent to the parking lanes, sidewalks, landscape features, appurtenances, etc. UTILITY RELOCATION Municipal utilities, installed by permit and requiring relocation, will be relocated at no expense to the Department. Municipal utilities installed prior to the Department's assuming maintenance of the roadway will be relocated, if required, at IDOT expense. The cost of any improvement to, or betterment of municipal utilities,. would be the entire financial responsibility (100 %) of the local agency. ROADWAY LIGHTING Existing highway lighting that is owned and maintained by the municipality, will be relocated and upgraded to current standards. New lighting, proposed by the municipality, may be incorporated into the total improvement plans. The cost of the above work would be the entire financial responsibility of the local agency. SIDEWALKS Sections 17.3 Pedestrian Accommodations and 48 -2.04 Sidewalks of the IDOT Bureau of Design and Environment Manual established the criteria to determine sidewalk needs. Provided this criteria is met and the local agency agrees to maintain the sidewalk, State and local agency participation toward the cost of sidewalks included as part of a roadway construction contract on a State route shall be as follows: (A) 50% State /50% local agency - for new sidewalk within project termini or short distances outside thereof as may be required to connect the sidewalk to significant pedestrian generators, such as schools, transit facilities, etc. The Design Report shall contain documentation establishing the need for sidewalk construction. (B) 100% local agency - for the removal of existing deteriorated sidewalks. 50% State /50% local agency for the replacement of deteriorated sidewalk. (C) 100% local agency - for utility adjustments, pedestrian barriers, retaining walls, etc., required solely for sidewalks. (D) 100% local agency - for right -of -way when right -of -way acquisition is required solely for sidewalks or sidewalks associated with the construction of parking lanes; the local agency is responsible for securing said right -of -way. (E) 100% State - for right -of -way when additional right -of -way is required to construct State proposed cross section. (F) 100% State - for the removal and replacement of existing sidewalk caused by the construction of the State -owned portion of the proposed improvement. (G) Provision for the construction of curb ramps for the handicapped is outlined in section 58 -1.09 Curb Ramps ADDITIONAL WORK IDOT would be receptive to considering additional highway related work items suggested and paid for by the local agency for incorporation within the improvement, providing that the additional work items would not delay the implementation of the project. Such items could include lighting, over -size storm sewer, utilities, emergency vehicle pre - emption equipment etc. The local agency may be expected to provide plans, specifications, and estimates for such additional work that is requested to be incorporated into the contract plans for the State -owned portion of the project. Said plans and specifications shall be of such quality to facilitate inclusion in the contract package and shall be available in a timeframe consistent with anticipated contract processing schedules and deadlines. Mount Prospect Public Works Department 9. INTEROFFICE MEMORANDUM �``�' TO: VILLAGE MANAGER MICHAEL E. JANONIS� FROM: FORESTRY /GROUNDS SUPERINTENDENT ' DATE: JANUARY 26, 2011 SUBJECT: BID RESULTS - SHADE TREE FURNISHING AND PLANTING - BACKGROUND Immm— Bids were recently opened for the provision and installation of parkway trees. As in the past, bi prices were sought for 1 -1/2 ", 2 ", 2 -1/2" and larger trees. We also asked bidders to quote prices for "enhanced planting sites" - larger pits with amended backfill - which we may order on a small number of trees being planted in very poor soil. Bid prices are good through December, 2011. BID RESULTS Sealed bids for this contract were opened on January 17, 2011. Fourteen invitational bids were mailed and a notice to bidders was published in a local newspaper. Twelve bids were received. It should be noted that no one bidder submitted the low price on all sizes /species requested. DISCUSSION At this time, we do not know the exact quantity, sizes and species we will need to order during the coming year. However, from the bid results it appears that there will be enough trees available to supply our planting programs. In the 2011 budget, the accounts normally used for parkway tree planting were drastically reduced from previous years. Subsequently, this year there will be no Cost Share tree planting program. However, funds totaling $57,808.00 were budgeted for risk replacement trees, new construction plantings, Corn Ed and accident replacements, as well as a small number of reforestation and beautification plantings. Additionally, we have applied for a $30,000.00 Emerald Ash Borer restoration grant. We will learn in February if we will receive those funds. If successful, we will plant approximately 164 replacements for removed ash trees. We will need to pay for these plantings using Village funds, then receive reimbursement afterwards. Note that we are not recommending buying trees from Brancato Landscaping, Inc., B & B Permanent Seeding, Mario Gambino and Sons Landscaping, Inc. or Mike Greco Landscaping, Inc. Brancato did not submit the required equipment list. Gambino and Sons did not submit the required equipment list nor did they submit any references. Neither B & B Permanent Seeding nor Mike Greco submitted their permanent place of business statements, equipment lists and their four required municipal references. All other bidders have met our bid specifications. HAForestry\W0RD\201 RPLANnMemo -Plant Recommend 201 Ldoc Page 2 of 2 BID RECOMMENDATION There is a total of $57,808.00 in various tree planting accounts in the 2011 budget, as follows: Tree Replacement -Cost Recovery Account (page 254, acct. # 001.80.82.83.0.000.576.004) $25,653.00; Tree Replacement - Public Account (page 257, acct. #001.80.82.84.0.356.576.002) $5,230.00; Reforestation Account (page254, acct. # 001.80.82.83.0.000.576.001) $6,604.00; Tree Replacement — Village Account (page 254, acct. # 001.80.82.83.0.000.576.003) $20,321.00. Additionally, if we receive the requested grant funds, we will be asking for a budget amendment to add $30,000.00 to acct. # 001.80.82.83.0.000.576.010 (EAB Reforestation). (This account was started in 2008, funded but then cut in 2009, and not funded in 2010 or 2011.) Including the grant funds, a maximum total of $87,808.00 would be available for 2011 tree plantings. I recommend splitting the contract award among Huffman Landscape, ASE Illini - Scapes, Inc., Clauss Brothers Inc., JSV Landscaping, Sanfilippo Landscape, Inc., Arthur Weiler, Inc., KGI Landscaping Company, and Karlstedt Landscape, Inc. Total expenditures for all purchases will not exceed $87,808.00, and each tree will be ordered from the lowest bidder for that particular size and species. Sandy Clark I concur: GLEN R. ANDL R Director of Public Works H : \FORESTRY\WORD\2011\PLANT\MEMO -PLANT RECOMMEND 201 LDOC ?/ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM ( 9. TREE CM USA TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FORESTRY /GROUNDS SUPERINTENDENT DATE: JANUARY 17, 2011 SUBJECT: BID RESULTS - PARKWAY TREE STUMP REMOVALS - $55,000.00 BACKGROUND Sealed bids for parkway tree stump removals were opened on January 17, 2011. This contract rec tree stumps to a 10" - 12" depth, removing the grindings, and restoring the area with topsoil and also included a provision which will allow us to extend the contract for a second year at the same bid prices, if both the contractor and Village agree. BID RESULTS Fifteen invitational bids were mailed and a notice was published in a local newspaper. Five bids were received. Bid results are as follows: Company Powell Tree Care, Inc. Winkler's Tree & Landscaping, Inc. Steve Piper & Sons, Inc. R.W. Hendricksen Co. Kramer Tree Specialists Price Per Diameter Inch 0 -24" $6.97 $7.41 $8.75 $11.84 $15.00 Price Per Diameter Inch 25 $7.07 $7.41 $9.00 $11.84 $19.00 DISCUSSION At this time we do not know how many stumps will need removal, however we typically have to remove approximately 400 -500 stumps per year. In the bid specifications we estimated that 7000 diameter inches of stumps would need removal, with 3000 inches in the 0 -24" size class range and 4000 inches in the 25" and larger size class. The specifications were written to allow us to assign stumps throughout the year, up to the amount budgeted. The low bidder, Powell Tree Care, Inc., has worked satisfactorily for us in the past on our Parkway Removal Contracts (2007, 2008 and 2009) and our Ash Tree and Stump Removal Contract in 2008 . They also performed commendably in our response to the August 23, 2007 windstorm. BID RECOMMENDATION There is $55,000.00 allocated for contractual stump removal in the 2011 budget (Page 254, Account #001.80.82.83.0.000.576.007). I recommend award of a two -year contract to the lowest qualified bidder, Powell Tree Care, Inc. Year one will be in an amount not to exceed $55,000.00. If year one is successful, and a contract extension is agreed to by the Village and the contractor, year two will be in whatever amount is appropriated in the 2012 budget. Sandy Clark I concur: �,"A Glen R. Andler Director of Public Works H:\Forestry \WORD \2011 \STUMP\MEMO - STUMP RECOMMEND 2011.doc Mount Prospect Public Works Department N / INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJ: Background VILLAGE MANAGER MICHAEL E. JANONIS WATER & SEWER SUPERINTENDENT JANUARY 13, 2011 B,. 0-r4 OF F1 6 30 CHANGE ORDER FOR TOP ANGLE REPLACEMENT RESERVOIR ROOF (CHICAGO BRIDGE & IRON, $47,6 The Village of Mount Prospect operates a potable water storage and distribution system consisting of several ground level water storage tanks located throughout the Village. Around August 19, 2010 the roof on the water reservoir at Station16 collapsed. The Village obtained the professional engineering services of Tank Industry Consultants (TIC) of Bolingbrook, Illinois to assist with the demolition and repair efforts. TIC prepared plans and specifications for the replacement of the roof. The consultant reviewed the site conditions and planned a replacement roof under the assumption that the upper roof walls would remain stable and secure enough to hold the new replacement roof. These assumptions were based on pre - demolition visual observations of the tank. On November 16, 2010 the Village Board approved a contract for the demolition and replacement of the roof with Chicago Bridge & Iron (CBI) of Bolingbrook, Illinois in an amount of $798,600. This contract price was based on TIC's design assumptions. It did not include any work on the tank walls and had no contingency amount. Problem Statement As part of the repair effort, the tank has been drained, the collapsed roof has been removed and the replacement roof is presently being fabricated for delivery in spring 2011. A design team went to the site and investigated the upper wall of the tank to ensure that everything was in order to fit the new roof. The team found that the upper top angle has bent inward due to the collapse and has not sprung back to properly allow for the new roof. The top angle should be flat to support the new roof properly. 'D 'f0 -r I a4 I1t L. �a Page 2 of 4 CHANGE ORDER FOR TOP ANGLE REPLACEMENT OF STATION 16 RESERVOIR ROOF (CHICAGO BRIDGE & IRON, $47,630) January 12, 2011 Discussion CBI advised that this inward bend will cause significant problems for the new roof. The inward rotation of the top angle will allow water and ice to pool along the roof edge causing corrosion of the new roofs perimeter edge. TIC reviewed the situation and agrees that this defect will need to be remedied. CBI has made a proposal to remove the upper portion of the side wall and to re -weld a new top angle. The cost to remove the existing top angle and portion of the shell plate and replace with a 6 x6 x 3/8" top angle is $43,300. Staff would like to add a contingency amount of 10% ($4,330) to cover additional minor unforeseen issues. R Page 3 of 4 CHANGE ORDER FOR TOP ANGLE REPLACEMENT OF STATION 16 RESERVOIR ROOF (CHICAGO BRIDGE & IRON, $47,630) January 12, 2011 OUTSIDE OF TANK R L i= 70P MCLE INWARD ROTA1 CAUSE WATER AND ICE TO POOL AND POSSIKY CORRODE ROOF PERIMETER IE T ANGLE ROTATION DWG, TAR -1 , RTEV 0 umomMaxammm mAoftmwmt MOUNT PROSPECT TANK, 01 /05/11 TIC- 10.211 ai1373.004 Page 4 of 4 CHANGE ORDER FOR TOP ANGLE REPLACEMENT OF STATION 16 RESERVOIR ROOF (CHICAGO BRIDGE & IRON, $47,630) January 12, 2011 It was not anticipated that the original top angle would need to be replaced when TIC developed their design for the replacement roof so the replacement of the top angle and a portion of the shell was not included in the specifications to the bidders on the replacement roof work. CBI and other bidders did not include the cost of top angle replacement in their bids. TIC has reviewed CBI's pricing for the replacement of the top angle and a portion of the shell and concludes that it is a fair and reasonable price for the work involved. Additionally, we believe that it is technically preferable to replace a monolithic portion of the shell as compared to performing local repairs to the areas that were damaged by the collapsed roof. Sufficient funds for this proposed expenditure exist in the current water and sewer enterprise fund. In addition, this proposed expenditure would also likely be eligible for reimbursement as part of the claim filed with the Village's building and personal property insurance company. In the event this claim is denied or insufficient, staff will defer existing programmed 2011 water /sewer enterprise fund capital improvements to pay for the cost of this proposed work as well as any portion of the original contract award ($798,600) not covered by insurance. The approval of this change order would increase the Board's contract with Chicago Bridge and Iron from the original award amount of $798,600 to $846,230. Recommendation I recommend that the Village Board approve a change order for the replacement of the top angle of Reservoir 16 water storage tank roof in the amount of $47,630 to Chicago Bridge & Iron. Matt Overeem I concur. Glen R. Andler Director of Public Works cc: Deputy Director of Public Works Sean P. Dorsey H: \Water \projects\2010 \station 16 roof failure \contract change for top angle.docx