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Resolution No. 18-2
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE EAST CHICAGO STREET REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are 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 in connection with the East Chicago Street
Rehabilitation Project,section number 12-00183-00-PV,job number C-91-048-18,project number
E79I(005), a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 10, 2018
Adopted: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Please provide Ron Rudd with 5 certified resolutions for each copy.
i
State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of.
RESOLUTION NO. 18-2
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE EAST CHICAGO STREET REHABILITATION PROJECT
adopted by the Elgin City Council at its legally convened meeting held on January 10, 2018.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this January 26, 2018.
Kimberly Dewis, City Clerk
4�)
This instrument prepared by: Return to:
William A. Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 18-2
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE EAST CHICAGO STREET REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David Kaptain,Mayor, and Kimberly A. Dewis, City Clerk, be and are 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 in connection with the East Chicago Street
Rehabilitation Project, section number 12-00183-00-PV,job number C-91-048-18,project number
E79I(005), a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 10, 2018
Adopted: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Local Public Agency State Contract Day Labor Local Contract RR Force Account
Of TrdrOP611abW City of Elgin X
Local Public Agency Agreement Section Fund Type ITEP,SRTS,or HSIP Number(s)
for Federal Participation 12-00183-00-PV STU
Construction En in ering Ri ht-o-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C-91-048-18 E791(005)
This Agreement is made and entered into between the above local public agency, hereinafter referred to as the"LPA",and the State of
Illinois,acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LPA jointly
propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans
prepared by,or on behalf of the LPA, 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 Chicago Street Route FAU 1321 Length 0.68 mi
Termini Center Street to Liberty Street(IL 25)
Current Jurisdiction LPA TIP Number 09-11-0022 Existing Structure No N/A
Project Description
Reconstruction of Chicago Street, including new pavement,curb&gutter,sidewalk,water main,storm sewer, &traffic signals.
Division of Cost
Type of Work STU % % LPA % Total
Participating Construction 2,500,000 ( ) ( ) 2,634,288 ( BAL ) 5,134,288
Non-Participating Construction ( ) ( ) 1,890,342 ( 100 ) 1,890,342
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 2,500,000 $ $ 4,524,630 $ 7,024,630
Maximum FHWA(STU)participation 75% not to exceed$2,500,000.
Non-Participating Construction includes but is not limited to watermain, sanitary sewer.
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA 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.
Local Public Agency Appropriation
By execution of this Agreement,the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance
to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for
State-let contracts only)
Method of Financing (State Contract Work Only)
METHOD A--Lump Sum(80%of LPA Obligation)
METHOD B— Monthly Payments of due by the of each successive month.
METHOD C—LPA'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 12/7/2017 Page 1 of 5 BLR 05310(Rev.09103/15)
Agreement Provisions
THE LPA 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 LPA 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 LPA, and the 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 the 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 final project close-out by the STATE, 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 LPA agrees to cooperate fully with any audit conducted 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.
(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 LPA will pay to the STATE within thirty
(30)calendar days of billing, in lump sum,an amount equal to 80%of the LPA's estimated obligation incurred under
this Agreement. The LPA will pay to the STATE the remainder of the LPA's obligation(including any nonparticipating
costs)within thirty(30) calendar days of billing in a lump sum, upon completion of the project based on final costs.
Method B- Monthly Payments. Upon award of the contract for this improvement,the LPA will pay to the STATE, a specified
amount each month for an estimated period of months,or until 80%of the LPA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA'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
LPA will pay to the STATE within thirty(30)calendar days of receipt,an amount equal to the LPA'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.
Failure to remit the payment(s)in a timely manner as required under Methods A, B,or C,shall allow the STATE to internally offset,
reduce,or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to
LPA on this or any other contract. The STATE,at its sole option, upon notice to the LPA, may place the debt into the Illinois
Comptroller's Offset System(15 ILCS 405/10.05)or take such other and further action as my be required to recover the debt.
(11) (Local Contracts or Day Labor) 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 the project is federally authorized,the LPA 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 the project is federally authorized,the LPA will repay the STATE any
Federal Funds received under the terms of this Agreement.
Printed 12/7/2017 Page 2 of 5 BLR 05310(Rev.09/03/15)
(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 LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/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 shall be 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 LPA'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 LPA'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 LPA 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-0f-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) To complete this phase of the project within three(3)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).
(23) To comply with the federal Financial Integrity Review and Evaluation(FIRE)program,which requires States and subrecipients to
justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5)defines an inactive project as a project which no
expenditures have been charged against Federal funds for the past twelve(12)months.
To keep projects active, invoicing must occur a minimum of one time within any given twelve(12)month period. However,to
ensure adequate processing time,the first invoice shall be submitted to the STATE within six(6)months of the federal authorization
date. Subsequent invoices will be submitted in intervals not to exceed six(6)months.
(24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is
defined as verification of payment, certified time sheets or summaries,vendor invoices, vendor receipts, cost plus fix fee invoice,
progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement
amount(Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be
submitted with sequential invoice numbers by project.
Printed 12/7/2017 Page 3 of 5 BLR 05310(Rev.09/03/15)
The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred
costs,less previous payments, no later than twelve(12)months from the date of completion of this phase of the improvement or
from the date of the previous invoice,which ever occurs first. If a final invoice is not received within this time frame,the most recent
invoice may be considered the final invoice and the obligation of the funds closed.
(25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the
project so that the report may be audited and approved for payment. If the deadline cannot be met,a written explanation must be
provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of,completion. If
the extended deadline is not met,this process must be repeated until the project is closed. Failure to follow this process may result
in the immediate close-out of the project and loss of further funding.
(26) (Single Audit Requirements) That if the LPA expends$750,000 or more a year in federal financial assistance they shall have an
audit made in accordance with 2 CFR 200. LPAs expending less than$750,000 a year shall be exempt from compliance. A copy
of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section, 2300 South
Dirksen Parkway,Springfield, Illinois, 62764),within 30 days after the completion of the audit, but no later than one year after the
end of the LPA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205.
Federal funds utilized for constructon activities on projects let and awarded by the STATE(denoted by an W in the State Contract
field at the top of page 1)are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes.
(27) That the LPA is required to register with the System for Award Management or SAM(formerly 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. To register
or renew, please use the following website: his://www.sam.gov/portal/public/SAM/#1.
The LPA is also required to obtain a Dun&Bradstreet(D&B)D-U-N-S Number. This is a unique nine digit number required to
identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website:
hftp://fedqov.dnb.com/webform.
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 LPA'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 LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved,and
to reimburse the LPA 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) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
(a) To reimburse the LPA 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 LPA;
(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 and federal Buy America provisions.
(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 within one(1)year of the date of execution of this Agreement.
(3) This Agreement shall be binding upon the parties, their successors and assigns.
(4) For contracts awarded by the LPA,the LPA 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 LPA 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 LPA'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 STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
Printed 12/7/2017 Page 4 of 5 BLR 05310(Rev.09/03/15)
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 LPA 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.
(5) In cases where the STATE is reimbursing the LPA,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.
(6) 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 1-Location Man. Number 2—LPA Appropriation Resolution
(Insert Addendum numbers and titles as applicable)
The LPA 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 Public Agency State of Illinois
Department of Transportation
David Kaptain
Name of Official (Print or Type Name) Randall S.Blankenhorn,Secretary Date
Mayor By:
Title (County Board Chairperson/Mayor/Village Presidentletc.) Aaron A.Weatherholt,Deputy Director of Highways Date
1-10-18 Omer Osman,Director of Highways/Chief Engineer Date
%-s-Avv Z�i.k"
( to ) Date
Atte
Kimberly Dewis,City therk
The above signature certifies the agency's TIN number is William M.Bames,Chief Counsel Date
36-6005862 conducting business as a Governmental
Entity.
DUNS Number 010224772 Jeff Heck,Chief Fiscal Officer(CFO) Date
NOTE: If the LPA signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this
agreement is required.
Printed 12/7/2017 Page 5 of 5 BLR 05310(Rev.09/03/15)
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I Enterprises, Inc. PATE: NO.: JULY 2017 CHICAGO STREET(FAU 1321) N
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52 Wheeler Road 150 Dexter Court BY: EG1104 SECTION 12-00183-00-PV
Sugar Grove, Illinois 60554 Elgin,IL 60120 MJT CITY OF ELGIN
(630)466-6700 847-931-6100 PATH. HAl3VU8L1CTLG1N%EQ1l04 KANE COUNTY, ILLINOIS
www.eeiweb.com FILE: NUMBER 1-LOCATION MAP