HomeMy WebLinkAbout06-77 •
Resolution No. 06-77
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR USE OF FEDERAL FUNDS FOR RIGHT OF WAY ACQUISITION IN THE
DUNDEE/SUMMIT INTERSECTION IMPROVEMENTS 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
with the Illinois Department of Transportation on behalf of the City of Elgin for use of federal funds
for right of way acquisition in connection with the Dundee/Summit Intersection Improvements
Project, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 12, 2006
Adopted: April 12, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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January 29, 2009
RE: Resolution No. 06-77
Agreement with Illinois Department of Transportation for federal participation in ROW
acquisition for the Dundee/ Summit Intersection Improvements Project
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
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WIIsonJones® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
MEMO
TO: Loni Mecum, City Clerk
FROM: Steve Pertzborn, Senior Engineer
SUBJECT: Dundee/Summit Intersection Improvements
DATE: May 22,2006
Attached are 6 copies of the revised Local Agency Agreement for Federal Participation for right
of way acquisition for the subject project. This agreement was authorized by City Council at its
March 22, 2006 meeting. The forms that were previously submitted have been updated and
IDOT has requested that the new forms be signed by the Mayor. Please have the Mayor sign the
forms and return all 6 of them to me. I need to forward these to IDOT ASAP. Call me at X5964
if you have any questions.
Local Agency State Contract Day Labor Local Contract RR Force Account
0 Illinois Department
• of Transportation City of Elgin X
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 00-00170-00-CH STA/STU
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
R-91-012-04 M-CMM-8003(398
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 Intersection of Summit Street and Dundee Avenue Route FAU 2525 Length 0.379 miles
Termini 500'-600'in each direction of intersection
Current Jurisdiction LA Existing Str. No N/A
Project Description
Right of way acquisition for the subject project
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction ( ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way 120,000 ( * ) 162,500 ( ** ) 192,500 ( BAL ) 475,000
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL $ 120,000 $ 162,500 $ 192,500 $ 475,000
*Maximum FHWA(STA)participation 80% not to exceed$120,000.
**Maximum FHWA(STU).participation 50%not to exceed$162,500.
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(95%of LA Obligation)
METHOD B--- Monthly Payments of 1
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)
Page 1 of 4 BLR 05310(Rev. 1/06)
Printed on 5/22/2006 8:21:40 AM
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 95%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 95%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.
Page 2 of 4 BLR 05310(Rev. 1/06)
Printed on 5/22/2006 8:21:40 AM
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.
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.
Page 3 of 4 BLR 05310(Rev. 1/06)
Printed on 5/22/2006 8:21:40 AM
(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) 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 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 addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Ed Schock Department of Transportation
Title Mayor,City of Elgin
County Board Chairperson/MayorNillage President/etc. Timothy W.Martin,Secretary
Signature e=c_dea4r•J%--/ Date
Date ! / 'Z o n //-,
By:
Milton R.Sees,Director of Highways/Chief Highway Engineer
TIN Number
NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen Schanzle-Haskins,Chief Counsel
said appointed official to execute this agreement is required.
Ann Sundeen,Director of Finance and Administration
Page 4 of 4 BLR 05310(Rev. 1/06)
Printed on 5/22/2006 8:21:40 AM
t-ti(
oF EEC
City of Elgin Agenda Item No.
,op `p FED�e kO r'
k1
March 17, 2006 G 1,11
IIr III
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r
TO: Mayor and Members of the City Council :r .
FINANCIALLY STABLE CITYGCIVERNMENT
EFFICIENT SERVICES,
FROM: Olufemi Folarin, City Manager AND QUALITY INFRASTRUCTURE
John Loete, Public Works Dire or
SUBJECT: Local Agency Agreement with the Illinois Department of Transportation (IDOT)
for Federal Participation in the Dundee/Summit Intersection Improvements
Proj ect
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider executing an agreement with IDOT authorizing use of federal funds for
right-of-way(R.O.W.) acquisition for the Dundee/Summit Intersection Improvements Project.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the Local Agency
Agreement with IDOT.
BACKGROUND
At its meeting on October 13, 1999, the City Council authorized the hiring of a consultant
(Baxter & Woodman) to complete the Phase I (preliminary) design engineering for the subject
intersection. Part of Phase I engineering is the identification of additional R.O.W. needs. Baxter
& Woodman has identified the need to obtain nine (9) R.O.W. parcels and 2 temporary easement
parcels.
In order to utilize available federal funding for this project to purchase R.O.W., the City must
execute the subject Local Agency Agreement with IDOT. Once the agreement is executed by
both agencies, the City can begin the process of obtaining the R.O.W. The estimated cost for the
additional R.O.W. is currently $475,000. Available federal funds for R.O.W. acquisition totals
$282,500. The City would be required to pay the balance or $192,500. The actual final cost to
the City may be higher depending upon the final negotiated price of each parcel.
A copy of the Local Agency Agreement is attached as Exhibit A.
IP , , ..
Dundee/Summit Intersection Improvements Projects
March 17, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
91/ FINANCIAL IMPACT
A.
The agreement being approved has no direct cost to the City but the R.O.W. purchase that will
result will have a City cost of at least $192,500. Funding for the purchases, as well as the
construction, is budgeted in the upcoming 2006 General Obligation Bond Issue, project number
339755, "Dundee/Summit Intersection Improvements (ROW Acquisition/ Construction)" in the
amount of$2,297,760. The exact cost of the purchase will not be known until the acquisition
process is complete.
L GAL IMPACT
one.
ALTERNATIVES•
1. Authorize execution of the Local Agency Agreement
2. Do not authorize execution of the agreement.
Respectfully submitted for Council consideration.
(do)
Attachment
Illinois Department of Transport
/ Springfield, Illinois/62764V `=� I
2300 South Dirksen Parkway
MAY 2 0 2011
May 07, 2011 By
City of Elgin
Project: CMM-8003(398)
Section 00-00170-00-CH
Job No. R-91-012-04
Diane Robertson
City Clerk
150 Dexter Ct.
Elgin, IL. 60120
Dear Ms. Robertson:
The amendment between the city of Elgin and the state of Illinois for the above
project was executed by the department on May 05, 2011.
Your copy of the executed amendment is attached.
Sincerely,
ami,llfa %a/wife.
Darrell W. Lewis, P. E.
Acting Bureau Chief of Local Roads and Streets
Cc-
Diane O'Keefe Attn: Chris Holt
Joseph Evers, Municipal Engineer
Joanne Woodworth, Project Control
Jeff South
ilfinots Department0
Local Agency State Contract Day Labor Local Contract RR Force Account
of Transportation City of Elgin ❑ 0 ® ❑
Local Agency Amendment#1 for Section: 00-00170-00-CH Fund Type: STA ITEP Number:
Federal Participation
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
R-91-012-04 CMM-8003(398)
This Amendment 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".
BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the
Amendment shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns.
Amended Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction ( ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way 617,000 ( ) ( ) 155,000 ( BAL ) 772,000
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 617,000 $ $ 155,000 $ 772,000
'Maximum FHWA(STA)Participation 80%not to exceed$617,000.
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.
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 ••OVED
Local Agency State of Illinois
•-p• merit of Transportation
Edward Schock &Mil 5 r!(
(Print or Type Name) :ry Hannig itary of Transportatio Date
it
Mayor
(County Board Chairperson/Mayor/Village President/etc.)
e.„„.. .....„,tge,,,a , 4 --2,a.— &I'
(Signature) Date 410 i-! '1111 ... )14' A t
Christi :-ed, I -ctor of Hig;f ays/Chi=•Pgineer Date
The above signature certifies the agency's TIN number is - /
36-6005862 conducting business as a Governmental A A = 1 =41
Entity. en J.Schan' '''!s irs, ( hief Counsei —'D�te
NOTE: If signature is by an APPOINTED official,a resolution
authorizing said appointed official to execute this agreement 1
is required. Matthew R. Hughes, recto f Finance and Administr io Date
Printed 12/8/2010 BLR 05311 (Rev.03/23/10)
Illinois Department of Transportation
Division of Highways/Region One/District One D a
201 West Center Court/Schaumburg, Illinois 601 96-1 096
LOCAL ROADS AND STREETS
FEB 2 5 2010
Request Final Invoice for Project Close-Out
City of Elgin By
Location: FAU 2525/ Dundee Avenue and Summit Street Intersection
Section No.: 00-00170-00-CH
Project No.: M-CMM-8003(398)
Job No.: R-91-012-04
Kane County
February 22, 2010
Ms. Diane Robertson
City Clerk VIA CERTIFIED MAIL
City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Ms. Robertson:
We have been notified by our Central Office that they would like to close the above-
referenced project.
Attached is the Agreement associated with the referenced project. Additionally, we
are also providing instructions for accessing information on payments made by the
Department. Please review the project documents and submit a request for final
reimbursement. If further reimbursements are not applicable, please notify our
office accordingly. Otherwise, duplicate copies of the documentation listed below
should be prepared and submitted to the Agreements Technician, Bureau of Local
Roads and Streets, at the address listed above for further processing:
• A simple letter asking for Federal Reimbursement;
• A completed Invoice (BLR 05620). This form may be obtained from our
Web site at: http://www.dot.state.il.us/Forms/BLR%2005620.doc; •
• Copies of all cancelled checks paid for the project or a letter from the
recipient that payment was made if cancelled check(s) is/are not available;
• Listing and itemization of all direct costs and unit rates for each direct cost
item;
• Listing of employees by classification; time spent by each employee on the
project for the invoice service period (note: make sure the time charges are
for the service dates shown on the invoice and that they are within the
period of the obligated funds.); and the hourly rate of the employee(s).
Please verify that the computations for total employee labor costs are
correct;
• Low bid amount and award date, if available.
Ms. Diane Robertson
February 22, 2010
Page 2
A response is required by March 8, 2010, otherwise we will assume that additional
invoices are not forthcoming and may proceed with closing the project. Please note
that once the project is closed future requests for reimbursement will not be
considered.
If you have any questions or need additional information, please contact Temi
Latinwo, Agreement Technician, at(847) 705-4179 or via email at
DOT.D1.BLRS@illinois.gov.
Very truly yours,
Diane M. O'Keefe, P.E.
Deputy Director of Highways,
Region Onp Engineer
*0/1
By:
Christopher J. Holt, P.E.
Bureau Chief of Local Roads and Streets
Attachment
cc: Joseph Evers, P.E., City Engineer, City of Elgin no/att.
David Lawry, Director of Public Works, City of Elgin no/att.
Illinois Department Payment Verifications
of Transportation
The State has made available the ability to review and verify payments via the
Internet. If a payment is pending or the review of all payment information for a
specified period is required, the Comptroller's Web site may be accessed to
verify payment status.
Access to this information is available through the Where's My Check Section
of the Department's Web site at: http://www.dot.il.qov/check.html. The
information is also available through the Comptroller's Web site by visiting the
Vendor Payments Section at: http://www.wh1.ioc.state.il.us/QuickTakeNend/.
Note that both sites are secure and will require the Taxpayer Identification
Number(TIN) provided at the time of the funding agreement to gain access.
The following are brief instructions to navigate through the Comptroller's Web
site once the TIN has been entered:
• Once the TIN has been entered, the Vendor Summary Page will
appear; select"Payments"from this section.
• The Warrants Page should be displayed. Under the header
Selection Criteria, scroll down to 494—Transportation and select
"Find Warrants,"which is located at the bottom of the screen.
• The Warrants Section should display; this should include the
warrant(check) number and the issue date.
Note that if the payment amount expected is not shown on the Vendor Warrants
Screen, one or more of the following may have occurred:
1. The check has not been processed with the TIN entered on the
Vendor Login screen;
2. The invoice has not been processed by the Department; and/or
3. The invoice has not been processed by the Comptroller. If the
agency has multiple TINs, please revisit the Vendor Login screen
and attempt the same process with all possibilities. (In order to
avoid this in the future, include the preferred TIN on all future
funding agreements.)
Please note that the Catalog of Federal Domestic Assistance Program number
for all Department of Transportation Funded Projects is 20.205.
il�int� Co t tTransportation
?300 South Diri:sen Farkviay I Springfield. Illinoi
��s 1 62764
November 15, 2006
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City of Elgin kya,
Sect on 00-00170-00-CH
CMM-8003 98 �� ,'° )A-�S
Project M � ) gip``,, C
Job No. R-91-012-04 8 1 V�0� SlRt
RORDS �►
Dolonna L. Mecum
City Clerk
150 Dexter Ct.
Elgin, IL. 60120
Dear Ms. Mecum:
The agreement between the city of Elgin and the state of Illinois for the above
project was executed by the department on October 27, 2006.
Your copy of the executed agreement is attached.
Sincerel , i)
Z/ilefek
Charles J. Ingersoll, P. E.
Engineer of Local Roads and Streets
•
cc-
Diane O'keefe Attn: Chris Holt
Joseph Evers, Municipal Engineer
Barry Wright (Acting) Attn: Debbie Marks
Chuck Schmitt
Local Agency State Contract Day Labor Local Contract RR Force Account
VIllinois Department
`'4 of Transportation City of Elgin x
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 00-00170-00-CH STA/STU
Construction Engineering Right-of-Way_
Job Number Project Number Job Number Project Number Job Number Project Number
R-91-012-04 M-CMM-8003(398
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 Intersection of Summit Street and Dundee Avenue Route FAU 2525 Length 0.379 miles
Termini 500'-600'in each direction of intersection
Current Jurisdiction LA Existing Str.No N/A
Project Description
Right of way acquisition for the subject project
•
Division of Cost
Type of Work FHWA % STATE % LA % Total
Participating Construction ( ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way
120,000 ( ) 162,500 ( " ) 192,500 ( BAL ) 475,000
Railroads ( ) ( ) ( )
•
Utilities ( ) ( ) ( )
TOTAL $
120,000 $ 162,500 $ 192,500 $ 475,000
*Maximum FHWA(STA)participation 80%not to exceed$120,000.
**Maximum FHWA(STU)participation 50%not to exceed$162,500.
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(95% 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)
Page 1 of 4 BLR 05310(Rev.1/06)
Printed on 5/22/2006 8:21:40 AM
•
A
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 95%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 95%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.
Page 2 of 4 BLR 05310(Rev.1/06)
Printed on 5/22/2006 8:21:40 AM
w '
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.
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.
Page 3of4
BLR 05310(Rev. 1/06)
Printed on 5/22/2006 8:21:40 AM
(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) 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 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 addenda indicated above.
APPROVED APPROVED
State of Wino'
Name Ed Schock Departme Tra ortation
Title Mayor,City of Elgin
County Board Chairpersonn//MayorNillage President/etc. moth W artin, ecretary
Signature Date �"r *
Date // / co (o fl5
Milton .Sees,Director of Highways/Chief Highway Engineer
TIN Number
NOTE: If signature is by an APPOINTED official,a resolution authorizing Ellen c nzle-Ha kins,Chief Counsel
said appointed official to execute this agreement is required.
iptik
Ann L.Schneider, Director of Finance&Administration
Page 4 of 4 BLR 05310(Rev. 1/06)
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