HomeMy WebLinkAbout11-20 gi a
ELGIN
THE CITY IN THE SUBURBS
Date: February 22, 2011
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 11-20, Adopted at the January 26, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please have these agreements signed and
executed by the responsive parties and return one fully executed cony to the City Clerk's
office for the City's records. If you have any questions please feel free to contact our office
847-931-5660 and we will do our best to assist you. Thank you.
• Local Agency Agreement for Federal Participation with the Illinois Department of
Transportation for the Kimball and National Street Traffic Signal Interconnect
Project
Resolution No. 11-20
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR THE KIMBALL AND NATIONAL STREET
TRAFFIC SIGNAL INTERCONNECT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor,be and is hereby authorized and directed to execute a local agency agreement for
federal participation on behalf of the City of Elgin with the Illinois Department of Transportation for
the Kimball and National Street Traffic Signal Interconnect Project, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: January 26, 2011
Adopted: January 26, 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
Local Agency State Contract Day Labor Local Contract RR Force Account -
Illinois Department
of Transportation City of Elgin X
Local Agency Agreement Section Fund Type 1 TEP Number
for Federal Participation 10-00181-00-TL STA
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C 91-164-11 CMM-9003(732)
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 1)Kimball Street 2)National Street Route 1)FAU 1314 Length 1.1 miles
2)FAU 1326
Termini 1)IL Rte 31 to Dundee Avenue 2)IL Rte 31 to Villa Street
Current Jurisdiction LA Existing Structure No N/A
Project Description
Traffic signal modernization and interconnect
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction 92,638 ( ) ( ) 50,362 ( BAL ) 143,000
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 10,562 ( • ) ( ) 2,641 ( BAL ) 13,203
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 103,200 $ $ 53,003 $ 156,203
*Maximum FHWA(STA)Participation 80%not to exceed$103,200.
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 construbtion 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 Balance 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 11/23/2010 Page 1 of 4 BLR 05310(03/23/10)
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.
(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 IDOT'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.
Printed on 11/23/2010 Page 2 of 4 BLR 05310(03/23/10)
1belief{ 5) And certifies to the best of its knowledge and 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.
(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.
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 it 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:
Printed on 11/23/2010 Page 3 of 4 BLR 05310(03/23/10)
(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) 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.
(2) 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 ILLS 130/0.01 et seq.)unless the provisions of that Act exempt its
application.
ADDENDA
Additional infomiation and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Mao
(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 addenda indicated above.
APPROVED APPROVED
Local Agency State of Illinois
Department of Transportation
Edward Schock
(Print or Type Name) Gary Hannig,Secretary of Transportation Date
Mayor By: •
(County Board Chairperson/Mayor/Village President/etc.) (Delegate's Signature) •
1-26-2011 (Delegate's Name-Printed) •
ignature) Date •
•
•
•
•
The above signature certifies the agency's TIN number is Christine M.Reed,Director of Highways/Chief Engineer Date ••
36-6005862 conducting business as a Governmental •
Entity. ••
NOTE: If signature is by an APPOINTED official,a resolution Ellen J.Schanzle-Haskins,Chief Counsel Date
authorizing said appointed official to execute this agreement is
required.
Ann L.Schneider,Director of Finance and Administration Date
Printed on 11/23/2010 Page 4 of 4 SLR 05310(03/23/10)
Local Map
Kimball Street and National Street
Traffic Signal System Interconnect
City of Elgin
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Legend • Kimball Street System Ng National Street System
CSD System J..
t `( State Street System
i
•
!il ,
REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N
THE CITY IN THE SUBURBS-
MEETING DATE: January 12, 2011
INITIATIVE I: Local Agency Agreement for Federal Participation with the Illinois
Department of Transportation for the Congestion Mitigation and Air
Quality funding of the Kimball and National Street Traffic Signal
Interconnect Project
COMMUNITY GOAL
• Financially Stable City Government: Preserve and enhance the city's sound and
resilient financial condition through long-term planning for service delivery and
infrastructure needs
OBJECTIVE
• Completing the construction of the Central Business District Traffic Signal
Interconnect project initiated in 2006 utilizing as much grant funding as possible
PURPOSE
• Reducing the city's construction project costs by utilizing a grant opportunity
made available through the Chicago Metropolitan Agency for Planning
RECOMMENDATION
• Authorize the mayor to execute the Local Agency Agreement with the Illinois
Department of Transportation for the construction and construction
engineering for federally funded subject project in the amount of $156,203 of
which the city would be responsible for$53,003
BACKGROUND
In January of 2008, the Public Works Department submitted a Congestion Mitigation and Air
Quality (CMAQ) funding application to the Chicago Metropolitan Agency for Planning for a
portion of the Central Business District Traffic Signal Interconnect project. The portion of this
project that was submitted had to be dropped from a 2006 project due to budget constraints.
The portion dropped in 2006 and submitted in 2008 includes the signals on Kimball Street from,
and including, State Street to Dundee Avenue and National Street from, and including, State
Street to Villa Street.
In early 2010, the Engineering Department took over the project and worked with the city's
electrical contractor, Hampton Lenzini and Renwick (HLR), to refine the plans and bid
documents to focus on the portions of the 2006 project that had to be dropped. HLR updated
the plans and bid documents, prepared the Illinois Department of Transportation (IDOT)
documentation for the construction engineering and the funding agreement, submitted the
documents to IDOT, revised the documents based on IDOT comments and has prepared the
final drafts. One of these final drafts (see Exhibit A) is a Local Agency Agreement for Federal
Participation developed by IDOT for projects involving State or Federal funding. The form lays
out what the costs are expected to be for construction and the observation of same as well as
the shares each entity is expected to pay towards the project.
IDOT has scheduled the bidding for January 2010 but IDOT needs to approve the Local Agency
Agreement, as well as the Construction Engineering Services Agreement the City will have with
HLR, to actually put the project in their bidding program.
OPERATIONAL ANALYSIS
The engineering services being considered now will assist with project administration, provide
construction oversight and project close out in accordance with IDOT regulations. Using HLR for
these services is similar to the city's current process of using the design engineer as the
construction manager, with the difference being a new engineering agreement versus an
amendment to an existing agreement. Using the engineer of record provides continuity and
critical project knowledge between design and construction.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The grant applied for and approved via the attached will provide a maximum of $103,200
towards the project. Between the construction costs and the observation (inspection) cost, the
project is estimated at $156,203. The difference between the project cost and the federal
funding source would be made up by the city, which in this case is $53,003
111
2
The total projected project costs are outlined in the following table:
Federal Funds
Type of Work City Funds
CMAQ Local Agency Total Cost
Participating Construction $92,638 $50,362 $143,000
Construction Engineering $10,562 $2,641 $13,203
Totals $103,200 $53,003 $156,203
IDOT requires a Local Agency Agreement for Federal Participation, attached as Exhibit A, to be
executed by the local agency to utilize CMAQ funding. Although the city will pay $53,003
towards the project, the city will need to have $63,600 available to start the project. Of the
$63,600 the city will pay the consultant directly for construction engineering ($13,203) and pay
IDOT its share of the construction cost ($50,362). When the project is completed, the city will
seek reimbursement from the State for 80% of total construction engineering cost. The
reimbursement from the State would be $10,562 or 80% of$13,203.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT
#(S) BUDGETED AVAILABLE
Riverboat Lease 276-0000-791.93-80 340025 $130,000 $130,000
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The city council may choose to not approve the Local Agency Agreement with IDOT.
NEXT STEPS
1. Execute the engineering services agreement with HLR
2. Execute the joint agreement with IDOT to approve grant funding
3. Submit both agreements to IDOT for its approval
111 4. Await IDOT approval and bid of the contract
II� kh �
•
Prepared by: Joseph Evers, City Engineer
Reviewed by: David L. Lawry, Public Services Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
d.
S n R. Stegall, City Manager
ATTACHMENTS
A: Local Agency Agreement for Federal Participation
4
fro-
Exhibit A
Illinois Department of Transportation
standard
LOCAL AGENCY AGREEMENT
For
FEDERAL PARTICIPATION
•
•
Local Agency State Contract , Day Labor Local Contract RR Force Account
6 Illinois Department
of Transportation City of Elgin X
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 10-00181-00-TL STA
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C 91-164-11 CMM-9003(732)
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 1)Kimball Street 2)National Street Route 1)FAU 1314 Length 1.1 miles
2)FAU 1326
Termini 1)IL Rte 31 to Dundee Avenue 2)IL Rte 31 to Villa Street
Current Jurisdiction LA Existing Structure No N/A
Project Description
Traffic signal modernization and interconnect
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction 92,638 ( ) ( ) 50,362 ( BAL ) 143,000
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 10,562 ( • ) ( ) 2,641 ( BAL ) 13,203
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 103,200 $ $ 53,003 $ 156.203 I
i
*Maximum FHWA(STA)Participation 80%not to exceed$103,200.
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 relmbursment.
if funding is not a percentage of the total,place art 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 Balance divided by estimated total cost multiplied by actual progress payment. AO
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 11/23/2010 Page 1 of 4 BLR 05310(03/23/10)
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.
(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 IDOT'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.
Printed on 11/23/2010 Page 2 of 4 BLR 05310(03/23/10)
(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 invo`ce 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.
(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.
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:
Printed on 11/23/2010 Page 3 of 4 BLR 05310(03/23/10)
(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.
IS MUTUALLY AGREED:
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.
(2) 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 seq.)unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 9 Location Map
(Insert addendum numbers and titles as applicable)
LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement
, all addenda indicated above.
APPROVED APPROVED •
Local Agency State of Illinois
Department of Transportation •
Edward Schock
(Print or Type Name) Gary Hannig,Secretary of Transportation Date •
Mayor By:
(County Board Chairperson/MayorNillage President/etc.) (Delegate's Signature)
(Delegate's Name-Printed)
(Signature) Date
The above signature certifies the agency's TIN number is Christine M.Reed, Director of Highways/Chief Engineer Date
36-6005862 conducting business as a Governmental
Entity.
NOTE: If signature is by an APPOINTED official,a resolution Ellen J.Schanzle-Haskins,Chief Counsel Date
authorizing said appointed official to execute this agreement is
—iuired.
Ann L.Schneider,Director of Finance and Administration Date
Printed on 11/23/2010 Page 4 of 4 BLR 05310(03/23/10)
Local Map
Kimball Street and National Street
Traffic Signal System Interconnect
City of Elgin
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