HomeMy WebLinkAboutResolution #3176iRE90LlJi'IpV ND. 3176
A I~ESOLUT I pV APPFmV I N1G AN AI~WFJVf FaR TI-E FY94 M4 I Pf IEIVAPCE ~
MlV I CI PAL SlAEETS 8E7VYEEN TI-E CITY OF C~VVTI~V AND TFE I LL I ND I S
DEPARi1NENT aF 1T~iAIVSPCRTAT I pV AND DIRECTING TI-E i1A41f~OR AND CITY
CLEF>~C TO E)~Q11E AND DELIVER SA 1 D A(~iEE]uFTf f QV BEJ-IAL..F aF Ti-E CITY
aF CANTON, ILLINOIS.
W-E]~iEAS, the Canton City Council of the City of Canton has
determined that it is necessary and in the best interest of the
City of Canton to enter into an agreement for the FY94 maintenance
of municipal streets, hereto attached and herein incorporated as
Exhibit "A".
NaIV, TFfREFaRE, 13E I T RESOLVED BY T11-E CITY OOINC I L aF TF-E
CITY of G4MI'OV, Fulton County, Illinois as follows:
1. That the agreement for the maintenance of municipal
streets in the City of Canton, hereto attached as Exhibit "A"
between the City of Canton and the Illinois Department of
Transportation, is hereby approved.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver said agreement on behalf of the
City of Canton, illinols.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Illinois.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this Gth day of July, 1993,
upon a roll call vote as follows:
AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Phillips, Molleck,
Coay.
NAYS: None,
ABSENT: None.
APPF~NED:
Donald E, Edwards, Mayor
ATTEST:
Nancy White City Clerk
._---•,
ILLINOIS DEPARTMENT
OF TRANSPORTATION
AGREEMENT FOR MAINTENANCE
OF MUNICIPAL STREETS
AGREEMENT PROVISIONS
THIS AGREEMENT, made and entered by and between the State of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as the
"Department" and Citv of Canton a municipal corporation organized
and existing under and by virtue of the laws of the State of Illinois, hereinafter
referred to as the "Corporation."
WITNESSETH, that for and in consideration of the covenants hereinafter
mentioned, the Corporation agrees to operate and maintain for the period beginning
Julv 1 19 93 and ending June 30 19 94 in a manner
satisfactory to the Department, portions of certain streets being used as
extensions or parts of State highways lying within the boundaries of the
Corporation.
It is understood and agreed that this agreement may, at the discretion of the
Department, be extended for twelve months under the same terms, conditions and
amounts stipulated herein, subject to an adequate appropriation being enacted by
the General Assembly, unless the Corporation gives written notice to the Department
of termination. Such extension shall be accomplished by a letter from the
Department to the Corporation.
The Department reserves the right to amend this agreement at the time of
extension by adjusting the inflation factor used to determine the rates of
compensation by application of the percent change of the Construction Cost Index
published in the Enaineerina News Record for the preceding calendar year. It is
further understood that the terms of this agreement may be adjusted by addendum
during the agreement's tenure to compensate for the addition or deduction of lane
miles of streets to be maintained. Such addendum shall be approved and signed by
both parties.
Operation and maintenance includes but is
and pothole repairs, temporary full-depth pat
bituminous surfaces, crack and joint sealing,
ice control and all other routine operational
applicable, shall consist of sweeping, litter
repairs.
not limited to all routine surface
~hes, expansion bump removal on
cleaning and litter pickup, snow and
services. Median maintenance, when
pickup, mowing, and routine surface
The Corporation agrees to operate and maintain the streets covered by this
agreement in the best interests of the people of the State of Illinois. The
portions of streets to be maintained are described on the Computation Sheet
attached hereto and made a part hereof.
The Corporation agrees to permit no cuts or openings in the curbs or pavements
of the streets covered by this permit without the written approval of the
Department. Pavement cuts, curb openings, utility frames and municipal frames and
grates or covers disturbed by settlement, construction or repair under permit are
to be restored, repaired, adjusted and maintained by the utility owner or permit
holder to the satisfaction of the Department at no expense to the State.
The Corporation agrees that, except in extreme emergencies, it will not
undertake or authorize repairs not covered by this agreement, at the expense of the
State, without securing the approval of the Department.
416(5/93)
The Department in contracting with the Corporation for the maintenance and
operation of the effected streets, ha• curtailed procurement of tools, equipment
and personnel. Reversion to maintenance by State forces could entail
time-consuming reallocation of resources. The Corporation therefore agrees that it
will not terminate this agreement nor refuse to enter into subsequent agreements
without giving the Department written notice at least 90 days prior to such
termination. If the Corporation gives the Department written notice of intent to
enter into no future agreements, the current agreement will remain in force for 90
days from the receipt of such notice or until the termination date of the current
agreement, whichever date is the later. The Department may, at its discretion,
release the Corporation from the agreement before the expiration of the 90 days
required by the above stipulation.
In consideration of the satisfactory maintenance and operation of streets
covered by this agreement, the Department will pay the Corporation a total sum of
Eleven Thousand Two Hundred Ninety-Six & 80/100 dollars ($11,296.80 )
for the twelve month period covered by the agreement, payable as described below.
On or about March 31, June 30, September 30, and December 31, of each year,
subject to an inspection by the Department, the Department will authorize the
Corporation to invoice the Department in an amount equal to approximately
one-fourth of the total annual allowance stated above.
It is further understood and agreed that the Department, when in its judgment
it is expedient to do so, and at its discretion, shall have the right to terminate
this agreement by giving written notice to the Corporation not less than thirty
(30) days in advance of the date of such termination.
CORPORATION CERTIFICATIONS
CAPACITY TO CONTRACT
The corporation certifies that, as in accordance with Section 11.1 of the
Illinois Purchasing Act (30 ILCS 505), no person who is entitled to receive
individually more than 7-1/2 percent of the total distributable income of the
Corporation or, together with his or her spouse or minor child, more than 15
percent in the aggregate of the total distributable income of the Corporation, is
(a) an elected state official, a member of the general assembly, and appointed
officer, a state employee; (b) an officer or employee of the Illinois Building
Authority or the Illinois State Toll Highway Authority; or (c) a spouse or minor
child of any such enumerated person.
RETENTION OF RECORDS
The corporation shall maintain, for a minimum of 5 years after the completion
of the agreement, adequate books, records and supporting documents to verify the
amounts, recipients and uses of all disbursements of funds passing in conjunction
with the agreement; the agreement and all books records and supporting documents
related to the agreement shall be available for review and audit by the Auditor
General; and the Corporation agrees to cooperate fully with any audit conducted by
the Auditor General and to provide full access to all relevant materials. Failure
to maintain the required books, records and supporting documents shall establish a
presumption in a favor of the State for the recovery of any funds paid by the State
under the agreement for which adequate books, records and supporting documentation
are not available to support their purported disbursement.
DMp TREE WORKPLACE
The Corporation certifies that it will not engage in the unlawful manufacture,
distribution, dispensation, possession or uae of a controlled substance in the
performance of the agreement.
If the Corporation employe 25 or more people and the agreement is for $5,000 or
more, the following requirements apply.
The Corporation 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, in prohibited in the Corporation'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 for this
agreement, 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 Corporation's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; 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 agreement and to post the
statement in a prominent place in the workplace.
(d) Notifying the Corporation 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, or requiring the satisfactory participation in a drug
abuse assistance or rehabilitation program by, any employee who is so
convicted, as required by section 5 of the Drug Free Workplace Act.
(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 Druq Free Workplace Act.
FEDERAL TAXPAYER IDENTIFICATION NUMBER
Under penalties of perjury, the undersigned certifies that
is its correct Federal Taxpayer Identification Number. The undersigned is doing
business as a Governmental Entity.
IN WITNESS WHERE OF the parties hereto have caused this agreement to be
executed by their duly authorized officials.
City (Or Village} of
By ~~J ~-o~
May r or President
Attest:
Cit (or Village) Clerk
State of Illinois
Department of Transportation
By
Director of Highways
Date
(Municipal Seal)
9929M