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HomeMy WebLinkAbout20-159 Resolution No. 20-159 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, 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 in connection with the Mclean and Big Timber Road Railroad Signal Improvements Project, Section Number 14-00185-00-TL, Job Number C-91-372-14, Project Number RRP-4003(352), a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: : December 2, 2020 Adopted: : December 2, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ft Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois/62764 June 10, 2021 Ms. Kimberly Dewis City Clerk 150 Dexter Court Elgin, Illinois 60120 Subject: City: Elgin Section: 14-00185-00-TL Project: RRP-4003(352) Job: C-91-372-14 Joint Agreement Dear Ms. Dewis: The department executed the subject agreement on June 3, 2021. A copy is enclosed. Sincerely, J46,. / 44•01 --- Gregory S. Lupton, P.E. Local Project Implementation Engineer Enclosure cc: David J. Kaptain, Mayor Jose Rios Region 1 (Acting)Attn: Chad Riddle - District 1 Attn: Programming (Jeanne.Dennison@illinois.gov) Attn: Project Control (Sara.Reynolds@illinois.gov) Ilincis Local Public Agency Agreement Of Transportation Department for Federal Participation C '`'` LOCAL PUBLIC AGENCY • Local Public Agency County Section Number City of Elgin Kane 14-00185-00-TL Fund Type ITEP, SRTS, HSIP Number(s) MPO Name MPO TIP Number Rail-Highway Improvement CMAP ® Construction on State Letting ❑ Construction Local Letting ❑ Day Labor ® Local Administered Engineering ❑ Right-of-Way Construction Engineering Right of Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-372-14 RRP-4003(352) 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 consulted in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". LOCATION Stationing Local Street/Road Name Key Route Length From To McLean Blvd Location Termini at Big Timber Road and METRA Current Jurisdiction Existing Structure Number(s) 100.0,Egeg City of Elgin N/AW PROJECT DESCRIPTION Traffic Signal Improvements at the intersection of McLean Blvd. / Big Timber Road / METRA LOCAL PUBLIC AGENCY APPROPRIATION-REQUIRED FOR STATE LET CONTRACTS 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 METHOD OF FINANCING -(State-Let Contract Work Only) Check One ® METHOD A-Lump Sum(80%of LPA Obligation $0.00 Lump Sum Payment-Upon award of the contract for this improvement,the LPA will pay 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)in a lump sum within thirty(30)calendar days of billing in a lump sum, upon completion of the project based on final costs. ❑ METHOD B- Monthly Payments of due by the of each successive month. 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.The LPA 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-LPA's Share divided by estimated total cost multiplied by actual progress payment. 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 adjust for nonparticipating costs)made to the contractor until the entire obligation incurred under this agreement has been paid. Printed 10/19/20 Page 1 of 6 BLR 05310(Rev.05/29/20) • 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 the LPA on this or any other contract.The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset System(15 ILCS 405/10.05)or take such other and further action as may be required to recover the debt. frHE 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,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 Public Agency Highway and Street Systems. 3.To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision dunng 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,a jurisdictional addendum is required. 5.To maintain or cause to be maintained the completed improvement(or that portion within its jurisdiction as established by addendum referred to in item 4 above)in a manner satisfactory to the STATE and the FHWA. 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 STATE.The LPA agrees to cooperate fully with any audit conducted by the Auditor General,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 presumption in favor of the STATE for 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.(Local Contracts or Day Labor)To provide or cause to be provided all of the initial funding,equipment, labor, material and services necessary to complete the project. 11. (Preliminary Engineering)In the event that right-of-way acquisition for, or 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 FHWA authorization,the LPA will repay the STATE any Federal funds received under the terms of this agreement. 12. (Right-of-Way Acquisition)In the event construction has not commenced by the close of the twentieth fiscal year following FHWA authorization using right-of-way acquired this agreement,the LPA will repay the STATE any Federal Funds received under the terms of this agreement. 13. (Railroad Related Work)The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/ railroad agreement prior to requesting reimbursement from the STATE. 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. 14.Certifies to the best of its knowledge and belief that it's 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 antirust 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. 15 To include the certifications, listed in item 14 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 16.(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. 17. 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. Printed 10/19/20 Page 2 of 6 BLR 05310(Rev.05/29/20) 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 (including subcontracts,subgrants and contracts under grants, loans and cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 18.To regulate parking and traffic in accordance with the approved project report. 19.To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes. 20.To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 21.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 in which no expenditures have been charged against federal funds for the past twelve(12)months. 22.(Reimbursement Requests)For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment,certified time sheets or summanes,vendor invoices,vendor receipts,cost plus fix fee invoice,progress report,personnel and direct cost summaries,and other documentation supporting the requested reimbursement amount(Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 23.(Final Invoice)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 work 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. Form BLR 05613(Engineering Payment Record)is required to be submitted with the final invoice on the engineering projects. 24.(Project Closeout)The LPA shall provide the final report to the appropriate STATE district office within twelve(12)months of the physical completion date of the project so that the report my 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(12)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. 25. (Project End Date) For Preliminary Engineering projects the end date is ten(10)years from the execution date of the agreement For Right-of-Way projects the end date is fifteen(15)years from the execution date of the agreement. For Construction projects the end date is five(5)years for projects under$1,000,000 or seven(7)years for projects over$1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date 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. LPA's 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 Internal Audit, Room 201,2300 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. 27. That the LPA is required to register with the System for Award Management or SAM,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: httos://www.sam.gov/SAM/ 28.(Required Uniform Reporting)To comply with the Grant Accountability and Transparency Act(30 ILCS 708)that requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOTs BoBS 2832 form available on IDOT's web page under the"Resources"tab.Additional reporting frequency may be required based upon specific conditions,as listed in the accepted Notice of State Award(NOSA). Specific conditions are based upon the award recipient/grantee's responses to the Fiscal and Administrative Risk Assessment(ICQ)and the Programmatic Risk Assessment (PRA). NOTE: Under the terms of the Grant Funds Recovery Act(30 ILCS 705/4.1), "Grantor agencies may withhold or suspend the distribution of grant funds for failure to file requirement reports"if the report is more than 30 calendar days delinquent,without any approved written explanation by the grantee,the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/ ResourceLibrary.aspx) THE STATE AGREES: 1. To provide such guidance,assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 2. (State Contracts)To receive bids for 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 pay estimates in accordance with the division of cost page. Printed 10/19/20 Page 3 of 6 BLR 05310(Rev.05/29/20) 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 federal and/or state share on the basis of periodic billings,provided said billings contain sufficient cost information and show evidence of payments by the LPA; b.To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for 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 enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 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, obligation 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 the act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. X 1. Location Map X 2. Division of Cost IX 3. METRA- IDOT- Elgin Agreement for this project X 4. LPA Resolution Approving the METRA- IDOT- Elgin Agreement for this project X 5. Engineering Agreement X 6. LPA Resolution Approving the Engineering Agreement ." Printed 10/19/20 Page 4 of 6 BLR 05310(Rev.05/29/20) 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 State of Illinois Local Public Agency Department of Transportation Name of Official(Print or Type Name) Omer Osman P.E.,. . Secretary Date David 7. Title of Official4 ` ql/Z, ayor By: Signature Date Director of Planning&Programming Date 1112 a N/A Director o Planning&Programming Date The above signature certifies the agency's Tin number is 36-600586 conducting business as a Governmental Entity. Duns Number 01-022-4772 Yangsu Kim, Chief Counsel Date (p -2.2021 Joanne Woodworth,Acting Chief Fiscal Officer Date NOTE: if the LPA signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed 10/19/20 Page 5 of 6 BLR 05310(Rev.05/29/20) ' � Local Public Agency County Section Number City cfElgin Kane 14-00105-00-TL Construction Engineering Right ofWay Job Number Project Number Job Number Project Number Job Number Project Number C-91-372-14 F(RP-4003(352) j�' Federal Funds State Funds Local Public Agency Type cfWork Fund Type Amount 96 Fund Type � Amount Y6 Fund Type Amount 96 Totals Participating Construction RRP $360.000.00 90Y6 State Funds $40.000.00 1096 $0.00 096 $400.000.00 Preliminary Engineering RRP *105.759.35 SO% State Funds $11.751.04 10% $lOO 0% $117.510,38 Construction Engineering RRP *21.25512 90Y6 State Funds *2.301.08 1096 *U.UO 096 $23.616.80 � t Total *487.014/47 Total $54.112.72 Total $OOO $541,127.19 |f funding m not o percentage of the total place an asterisk(*)in the space provided for the percentaqe and explain below NOTE: The costs shown/n the Division ofCost table are approximate and subject huchange The final LPA share is dependent on the final Federal and State participation. 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'Aga 14'. : North St N< SGt z g 0 Z z Map data 02017 Google 1000 ft■ Route: McLean Boulevard Section: 14-00185-00-TL LPA: City of Elgin County: Kane Project No: RRP-4003(352) Job No: C-91-372-14 Agreement No: N/A DOT/AAR No. 372246Y STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT for Railway-Highway Grade Crossing Improvements Local Public Agency This agreement, hereinafter referred to as the "Agreement", made and entered into by and between the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter referred to as the"STATE", and the Local Public Agency, City of Elgin(Kane County), State of Illinois, acting by and through its City Council, hereinafter referred to as the "LPA" , and the Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority D/BIA Metra, hereinafter referred to as the "COMPANY"; collectively referred to as the "PARTIES" and individually referred to as "PARTY". WITNESSETH: WHEREAS, in the interest of public safety the STATE proposes to improve crossing warning signal devices, hereinafter referred to as the "Project", at the location listed on the attached Exhibit A, and as shown on the Exhibit A's location map; and WHEREAS, the parties mutually agree to accomplish the proposed improvements through the use of Federal funds which are provided under applicable Federal act, law or appropriation. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements as hereinafter contained the parties hereto agree as follows: SECTION 1. The Project covered under this Agreement shall be subject to all applicable Federal laws, rules, regulations, orders and approvals pertaining to all agreements, specifications, award of contracts, acceptance of work and procedure in general. The STATE and the COMPANY shall be governed by the applicable provisions of the Federal-Aid Policy Guide, Part 646, dated December 9, 1991, and any supplements or amendments thereto hereinafter referredloas-the "Policy Guide". The COMPANY shall meet the Buy America requirements specified in 23 CFR 635.410. Upon completion of the COMPANY's work, the COMPANY shall sign and return with its Final Invoice, the Certification of Compliance with Buy America, attached hereto as Exhibit B. SECTION 2. The COMPANY shall prepare the detailed plans (including surveys and other engineering services). and detailed estimates of cost. The detailed plans shall be submitted to the Illinois Commerce Commission (ICC) in accordance with Section 5 of this Agreement and estimates shall be submitted to the STATE for their approval. SECTION 3. The completed crossing warning devices shall conform to Part VIII of the most current edition of the National Manual on Uniform Traffic Control Devices (MUTCD), including any amendments which may be contained in the Illinois Supplement to the MUTCD. Barrier systems, such as guardrail and impact attenuators should not be used at railroad grade crossings except in extraordinary circumstances. Approval for the erection of any roadside barrier by the COMPANY must be obtained in writing in advance from the LPA. LPA shall notify STATE in writing of such request prior to LPA's approval. SECTION 4. All required installation work at the grade crossing(s) shall be performed by the COMPANY with its own forces or in accordance with 23 CFR, part 646.216. In the event the COMPANY intends to use forces other than its own under a continuing contract or contracts, the COMPANY shall provide the Department with a list of the items of work to be accomplished under such contract or contracts and a list of the name of each contractor whose services will be used to perform the work. Such contracts shall be in compliance with the Civil Rights Act of 1964 and implementing regulations applicable to Federal-Aid Projects as well as the Illinois Fair Employment Practices Act and implementing rules and regulations. SECTION 5. The COMPANY will not begin to work without written authorization from the STATE to proceed. The COMPANY shall file a form 1 or form 3 Petition of Illinois Administrative Code 1535 with the Illinois Commerce Commission(ICC)showing details of the automatic warning C-91-372-14 2 Revised November 5, 2018 devices herein required, and shall receive approval thereof by X-Resolution before commencing with the installation. Upon receipt of authorization from the STATE and the ICC, the COMPANY shall promptly schedule the work set forth In the Agreement and shall notify in writing the agencies listed on Exhibit A, a minimum of twenty-one (21) days before commencing work. Any work performed prior to this notification will be considered non-reimbursable. SECTION 6. The COMPANY shall keep an accurate and detailed account of the actual cost and expense as incurred by it, or for its account, in the performance of the work it herein agrees to perform. The COMPANY, for performance of its work as herein specified, shall bill the STATE Immediately, for its share of Preliminary Engineering costs incurred to date upon receiving authorization to proceed with construction, and, may bill the STATE monthly for the STATE's share of the cost of materials purchased, delivered and stored on the COMPANY's property but not yet installed. The materials will become the property of the STATE and must be designated for exclusive use on the Project. In the event the COMPANY fails to install the stored material within one year of the fully executed agreement date, the State may provide a written notice to the COMPANY, requiring the COMPANY to promptly deliver the stored material to a location indicated in writing by the STATE. Upon delivery, the STATE shall then take possession of said material for the STATE's own use. The delivery of the material to the STATE shall in no way serve to terminate this Agreement or affect the other provisions of this Agreement and in addition shall not affect the COMPANY's right to claim payment for stockpiled material to replace that taken by the STATE. In the event of any loss of material after payment, the COMPANY will replace the material at no cost to the STATE. The storage area of such materials shall be available for STATE inspection upon 24-hour notice. SECTION 7. The COMPANY, for performance of its work as herein specified, may bill the STATE monthly for the STATE's share of its expense as incurred. These progressive invoices may be rendered on the basis of the estimated percentage of the work completed, plus allowable FHWA approved additives. Reimbursement of labor additives will be limited to only the most C-91-372-14 3 Revised November 5, 2018 • current direct labor additives, small tools additives, equipment additive rate,if=so=developed,and = public liability/property damage liability insurance rates as audited and approved by a cognizant State agency and FHWA. Indirect overhead or general and administrative expenses, or those expenses which may be classified as such under generally accepted accounting principles are not eligible for reimbursement on this Project. The STATE after verifying that the bills are reasonable and proper shall promptly reimburse the COMPANY in accordance with the State Prompt Payment Act (30 ILCS 540/1 et seq.), as currently enacted. Payment under this paragraph shall not be claimed for any progressive invoice totaling less than $500. The progressive invoices may be rendered on the basis of an estimated percentage of work completed. The COMPANY, upon the completion of the work, shall, within one hundred twenty (120) calendar days, render to the STATE a detailed final invoice of the actual cost and expense as incurred by it or for its account. After the STATE's representatives have checked the progressive invoices and the final invoice and they have agreed with the COMPANY's representatives that the costs are reasonable and proper, insofar as they are able to ascertain, the STATE shall promptly reimburse the COMPANY in accordance with the State Prompt Payment Act (30 ILCS 540/1 et seq.), as currently enacted, for the amount of the final invoice, except that for any portion of the final invoice in excess of the estimated cost of such excess costs as shown in Section 6,the STATE may withhold payment of such excess costs until the COMPANY has provided reasonable backup detail as requested by the STATE to justify the additional cost, and the STATE shall promptly review such backup detail as provided by the COMPANY and shall thereafter promptly pay the costs in excess of the estimated costs unless reasonable exception is taken thereto. If the parties cannot reach agreement on reimbursement of the COMPANY's costs above the estimated costs, each Party retains all legal and equitable remedies regarding the payment of same; such reimbursements, however, are subject to the provisions of Section 13 hereof. C-91-372-14 4 Revised November 5, 2018 All invoices shall be clearly marked as "progressive invoice" or"final invoice", as applicable, and should be sent to: Illinois Department of Transportation Attn: Fiscal Control Unit Bureau of Local Roads and Streets 2300 S. Dirksen Parkway Springfield, IL 62764 The COMPANY shall maintain,for a minimum of three(3) years after the date of the final bill, 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,which may be stored on electronic files, shall be available for review and may be audited by the AUDITOR GENERAL. The COMPANY agrees to cooperate fully with any audit conducted by the AUDITOR GENERAL and to provide full access to all relevant materials. Failure to maintain the 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. After the federal or STATE representatives have audited the expenses as incurred by the COMPANY, including such amounts as may have been suspended from any previous payment, the STATE shall promptly reimburse the COMPANY for the suspended amounts, less the deduction of any item(s) of expense as may be found by the federal or STATE representatives as not being eligible for reimbursement. If the total of the item(s) of expense as may be found by the federal or STATE representatives as not being eligible for reimbursement exceeds the retained percentage plus any amounts which may have been suspended, then the COMPANY shall promptly reimburse the STATE for the overpayment. C-91-372-14 5 Revised November 5, 2018 SECTION 8. The-crossing warning signal system should=#replaced in service immediately after the installation is completed. The COMPANY shall notify the STATE in writing of the date of the completed installation. The STATE will perform a final inspection upon receiving the written notification. SECTION 9. When construction of this Project is completed, and so long as State law shall so require, the COMPANY shall maintain at its expense or, by agreement with others, provide for maintenance of the crossing warning signal devices. SECTION 10. If at any time subsequent to the completion of this improvement, the tracks in the area of the crossing are eliminated for any reason whatsoever, then the said signal system may be removed, relocated and reinstalled at another grade crossing of the COMPANY mutually designated and agreed to by the Parties hereto and subject to the approval of the public authorities having any jurisdiction. The reinstalled signal system shall thereafter be subject to the terms of this Agreement. SECTION 11. In compliance with the Federal-Aid Policy Guide, dated December 9, 1991, Section 646.210, the railroad work as herein contemplated requires no contribution from the COMPANY, however the COMPANY agrees to contribute zero percent (0%) of the cost of this Project. Per the alternative Federal-State procedure in 23 C.F.R. §646.220, the STATE will have a representative present at the job site during construction to certify the work and to assure that all work and materials meet the requirements, is complete, acceptable and in accordance with the terms of this Agreement. SECTION 12. In the event that delays or difficulties arise in securing necessary federal or state approvals, or in acquiring rights-of way, or in settling damage claims, or for any other cause which in the opinion of the STATE render it impracticable to proceed with the construction of the Project, then at any time before construction is started, the STATE may serve formal notice of cancellation upon the COMPANY and this Agreement shall thereupon terminate. In the event of C-91-372-14 6 Revised November 5, 2018 cancellation, the STATE shall reimburse the COMPANY for all eligible cost and expense incurred by the COMPANY prior to receipt of notice of cancellation and payment by the STATE. SECTION 13. It is the policy of the U.S. Department of Transportation that disadvantaged business enterprises, as defined in 49 CFR Part 26, shall have maximum opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the disadvantaged business enterprise requirements of 49 CFR Part 26 apply to this Agreement. The COMPANY agrees to take all necessary and reasonable steps to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 26, have the maximum opportunity to participate in the performance of this Agreement. The COMPANY, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The COMPANY shall carry out applicable requirements of 49 CFR part 26 in the award and administration of STATE-assisted contracts. Failure by the COMPANY to carry out these requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as deemed appropriate. In the event any work is performed by other than COMPANY forces, the provisions of"an act regulating wages of laborers, mechanics and other workers employed in public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" (Illinois Compiled Statutes, 820 ILCS 130/1 et seq.) shall apply. Pursuant to 820 ILCS 130/4, COMPANY is hereby notified "the prevailing rate of wages are revised by the Department of Labor and are available on the Department's official website". SECTION 14. This Agreement shall be binding upon the Parties hereto, their successors or assigns. SECTION 15. The COMPANY shall complete all work or shall be responsible that all work is completed by other forces within one year of the date of the fully executed agreement. In the event that all work cannot be completed within one year, the COMPANY shall notify the STATE in C-91-372-14 7 Revised November 5, 2018 r writing=the=cause=for-the delay beforethe oneyear-deadline has expired. Otherwise,the- TATE-=-- will consider petitioning the Illinois Commerce Commission to order the work to be completed. SECTION 16. At the time this Agreement was executed, there were funds available for the Project; however, obligations assumed by the STATE under this Agreement shall cease immediately, without penalty or payment beyond that which the COMPANY has already accumulated, should the Illinois General Assembly or the Federal Highway Administration fail to appropriate or otherwise make available funds for the Project. SECTION 17. The COMPANY was hereby requested and authorized to accrue costs by the STATE, to perform the necessary preliminary engineering to develop an estimate of cost for the proposed work described on Exhibit A, on June 24, 2014. The COMPANY hereby agrees to not invoice the STATE until such time this Agreement is fully executed. SECTION 18. The COMPANY certifies its correct Federal Taxpayer Identification Number, as indicated on the attached Exhibit C. SECTION 19. This Agreement shall be construed and interpreted according to the laws of the State of Illinois. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates below indicated. C-91-372-14 8 Revised November 5, 2018 COMPANY: Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority D/B/A Metra Accepted By: Typed Name: mes M. Derwinski Typed Title: CEO/Executive Director Date: 11/z.(,jI7 LPA: City of Elgin Accepted By: Typed Name: David J. Kaptain Typed Title: Mayor Date: April 24, 2019 AT 4416( City Clerk STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION eiOnk i Jr Omer Osman Date Acting Secretary Joanne Woodworth Date AcAti hief Fiscal c Paul A. Loete, P.E. Date Director, Highways Project Implementation Philip C.paufrriannij Date } Chief t unsel C-91-372-14 9 Revised November 5, 2018 EXHIBIT A CROSSING IDENTIFICATION: Railroad: Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority D/B/A Metra DOT/AAR No: 372246Y RR M.P.: 39.15 Roadway: McLean Boulevard Location: EXISTING CONDITIONS: Two mainline tracks and protected by flashing light signals and gates. DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT: 1. Install new active warning devices, including cantilever-mounted flashing light signals for northbound and southbound McLean Boulevard, gates, audible bells, and control circuitry for said active warning devices. 2. Revise the railroad warning system to display railroad flashing light signals for five (5) seconds in advance of lowering of the railroad crossing gates. 3. Coordinate design, planning and construction of its above-referenced work with City. 4. Incidental work necessary to complete the items hereinabove specified. 5. CFDA Number: 20.205 (Information is available at htto://www.cfda.dovf) DESCRIPTION OF WORK TO BE DONE BY THE LPA: 1. Install a battery back-up (Uninterruptable Power Supply) for the traffic control system that is interconnected to the highway-rail active warning devices. 2. Modify traffic signal cabinet for a second (redundant) railroad preemption input. 3. Install remote connection capabilities and remote monitoring 4. Investigate, and if warranted, install a permanent southbound McLean Blvd. left-turn restriction to eastbound Timber Drive. 5. Coordinate design, planning and construction of its above-referenced work with METRA. 6. Incidental work necessary to complete the items hereinabove specified. 7. Local Public Agency (LPA) agrees to provide at its expense any necessary advance warning signs and pavement markings as required by the most current edition of the following documents: IDOT Standard Specifications for Road and Bridge Construction, Supplemental Specifications and Recurring Special Provisions, Highway Standards for Temporary Traffic Control, National Manual on Uniform Traffic Control Devices ("MUTCD") and the Illinois Supplement to the MUTCD. When a marked traffic detour is required, the LPA at its expense shall furnish, erect, maintain and remove the traffic control devices necessary to detour highway traffic. C-91-372-14 10 Revised November 5, 2018 71 No additional work to be performed by the LPA. Additional work will be performed by the LPA and funded by the Federal Railway- Z Highway Crossing Program (Section 130)will be under a separate agreement with the STATE. ATTACHMENTS: 1. Location Map (consisting of 1 page) 2. COMPANY's Estimate (consisting of 10 pages) 3. General Plan Layout (consisting of I pages) COMPANY COST ESTIMATE: Total (100.0%) $ 441,413.00 (To be filled in by the COMPANY) Federal Participation (100.00%) $ 441,413.00 (To be completed by the STATE) COMPANY Participation (0.0%) $ 0.00 (To be completed by the STATE) LPA Participation (0.0%) $ 0.00 (To be completed by the STATE) AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK: Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority D/B/A Metra — Don Whistler, Right of Way Administrator 547 W. Jackson Boulevard - 15th Floor— Chicago, IL 60661 (312) 322-8016/ DWhistler@metrarr.com City of Elgin — Ronald L. Rudd, City Engineer 1900 Holmes Road— Elgin, IL 60123-1200 (847) 931-6081 / rudd_r@cityofelgin_org Hampton, Lenzini, & Renwick, Randal G. Newkirk, Design Engineering Manager 380 Shepard Drive— Elgin, IL 60123 (847) 697-6700/ rnewkirkahlrenq.com Illinois Department of Transportation — Bill Pearsall, Highway-Railway Safety Engineer Bureau of Safety Programs and Engineering 2300 S. Dirksen Parkway— Springfield, IL 62764 (217) 785-2986/William.pearsall c(Dillinois.gov C-91-372-14 11 Revised November 5, 2018 • SUBMIT-AL BtM=afOR THE TA'TS-SHARE=TO: Illinois Department of Transportation Attn: Fiscal Control Unit Bureau of Local Roads and Streets 2300 S. Dirksen Parkway Springfield, IL 62764 C-91-372-14 12 Revised November 5, 2018 • • F ,5 61 8 '.t 1a V 111 .11,, 4,.., a 1..! .., .... 0 •Sli'.... 7 lialntl4A4n=3 0 ,s, .13 S, ::•.'‘ o.c..,. '41) ,;!' • • ..Ate 1 Irv, ...4 i f.i .(3 1.1..1 Xi "i104. 1•..1d,l 0 g El ca „ill 1., ,11. .1 a P4.4,1.11.I 041 Pt/Po„ fitu GI PH 1,011 k 613 iN( a, .., ;i. i. :,... .-, ouuociod 010V 0 a l . . • Estimate for File Modified: 6/27/2018 Printed: 6/27/2018 District/Subdistrict: Milwaukee District - West Line Number: Estimate: McLean Blvd. Forces Used: Metra Preparer: JNM Overall Work Limits 38.65-39.65 Description: New House New Cants New FLGS Comments: Program Entrance Gate Delay 5 sec. Estimate Total: $441,413 Page 1 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number. Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Meta Printed: 6/27/2018 Estimate Generation Settings IDOT General Labor Additives Settings Year/Type Class Total: Preparer: JNM 2018 Union Work Equipment Mechanics 0.00% Material Default to: Inventory 2018 Corporate Management and Inspection 64.76% Rail Weight: 136 2018 Corporate Engineering and Design 64,76% Material Additive Rate: 5.00% 2018 Union Transportation 64.52% 2018 Union Maintenance of Way 64.78% Complex Items Used for this Estimate: ItemlD Description: Quantity Unit Production Unit Production Rale S001 CREW 25 DY 1 N/A Additional Items Used for this Estimate: Item ID Description QI Ul RI Q2 U2 R2 Q3 U3 R3 Total! 0 $0.00 -0 $0.00 0 $0.00 $0.00 134S OFFICE ENGINEER 0 EA $0.00 160 HR $37.00 0 HR $56.50 $5,920.00 2376 3/4 TN SIGNAL MAINT TRU 0 DY $0.00 10 DY $400.83 0 DY $0.00 $4,008.30 RC504 LATTICE BOOM CRANE 0 DY $0.00 25 DY $248.43 0 DY $0.00 $6,210.75 S 249 CREW CAB PICKUP(90782 0 DY $0.00 25 DY $77.80 0 DY $0.00 $1,945.00 S114 SIGNAL TESTMAN 0 EA $0.00 200 HR $34.44 100 HR $51.66 $12,054,00 S115 SIGNAL FOREMAN 0 EA $0.00 200 HR $34.60 100 HR $51.90 $12,110.00 S116 LEAD SIGNALMAN 0 EA $0.00 200 HR $34.27 100 HR $51.41 $11,995.00 6117 SIGNALMAN X4 0 EA $0.00 800 HR $33.90 400 HR $50.85 $47,460.00 S228 TRENCHER/BACKHOE(D 0 DY $0.00 25 DY 5248.35 0 DY $0.00 $6,208.75 S312 06-58145-8 ARRESTER LIG 12 EA $24.00 0 EA $24.00 0 $0.00 5288.00 S317 06-94046-4 CABLE POWER 300 FT $6.97 0 FT $5.97 0 $0.00 $1,791.00 S318 06-94206-4 CABLE TRACK 2000 FT $2.80 0 FT $2.80 0 $0.00 $5,600.00 $321 06-94220-5 CABLE UG 5/C# 1500 FT $4.60 0 FT $4.60 0 $0.00 $6,900.00 S329 06-92450-0 FOUNDATION 2 EA $2,600.00 0 EA $2,600.00 0 $0.00 $5,200.00 S366 06-94020-9 WIRE CASE FL 1250 FT $15.25 0 FT $1.52 0 $0.00 $19,062.50 6367 06-94026-6 WIRE CASE FL 1500 FT $7.00 0 FT $0.70 0 $0.00 $10,500.00 6369 27'WALKOUT CANTILEVE 2 EA $25,000.00 0 EA $25,000.00 0 $0.00 $50,000.00 Page 2 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 36.65-39.65 Created: 6/25/2018 Number: Name: McLean Blvd. Modified: 6/27/2018 Forces-Used:-Metra_- Printed: 6/27/2018 Item ID Description Q1 UI RI Q2 U2 R2 Q3 U3 R3 Total! S373 RELAY HOUSE 10X8 ALUM 1 EA $30,000.00 0 EA $30,000.00 0 $0.00 $30,000.00 S427 06-55404-2 BATTERY MTC 7 EA $231.00 0 $0.00 0 $0.00 $1,617.00 6428 06-55406-7 BATTERY MTC 14 EA $280.50 0 $0.00 0 $0.00 $3,927.00 6429 06-13750-9 BELL LOUD 5" 1 EA $521.00 0 $0.00 0 $0.00 $521.00 6438 06-94216-3 CABLE UG 7/C# 1200 FT $12.26 0 $0.00 0 $0.00 $14,712.00 6466 06-13060-3 CROSSARM 12 4 EA $1,325.61 0 $0.00 0 $0.00 $5,302.44 S468 06-13125-4 CROSSARM 12 2 EA $700.70 0 $0.00 0 $0.00 $1,401.40 8468 06-13125-4 CROSSARM 12 2 EA $700.70 0 $0.00 0' $0.00 $1,401.40 S475 06-58150-8 EQUALIZER,H 4 EA $22.97 0 $0.00 0 $0.00 $91.88 S477 06-92300-7 FOUNDATION 2 EA $495.00 0 $0.00 0 $0.00 $990.00 5484 06-12124-8 GATEARM FIB 2 EA $176.58 0 $0.00 0 $0.00 $353.16 S525 06-42685-2 MDSA-2 MD SU 2 EA $628.00 0 $0.00 0 $0.00 $1,256.00 S540 06-74910-5 PLUG BOARD 6 EA $40.92 0 $0.00 0 $0.00 $245,52 S548 06-56040-3 RECT.ELEC 12 3 EA $1,043.00 0 $0.00 0 $0.00 $3,129.00 $554 06-74121-9 RELAY B1 500 6 EA $344.30 0 $0.00 0 $0.00 $2,065.80 S589 06-41402-3 SHUNT NBS-1 4 EA $362.00 0 $0.00 0 $0.00 $1,448.00 S618 06-58826-3 SURGE PROT 4 EA $225.00 0 $0.00 0 $0.00 $900.00 S631 00-00000-0 TRACK CONNE 8 OT $24.20 0 $0.00 0 $0.00 $193.60 S633 42-29030-4 PIPE IRON 4"2 B EA $132.00 0 $0.00 0 $0.00 $1,056.00 S639 Crossing Gate-S60-Compl 2 $15,000.00 0 $0.00 0 $0.00 $30,000.00 S639 CWfD-ElectroLogiXS-XP 1 $30,000.00 0 $0.00 0 $0.00 $30,000.00 6639 CWfD-ElectroLoglXS-XP 1 $22,000.00 0 $0.00 0 $0.00 $22,000.00 S639 Crossing Indicator Light 1 $800.00 0 $0.00 0 $0.00 $800.00 S639 Insulated Bondstrand 250 $1.74 0 $0.00 0 $0.00 $435.00 S639 TF-21OHZ 4 $500.00 0 $0.00 0 $0.00 $2,000.00 S639 AC Meter Service 1 $3,500.00 0 $0.00 0 $0.00 $3,500.00 S999 SIGNAL MAINTAINER 0 EA $0.00 40 HR $33.76 20 HR $50.64 $2,363.20 Page 3 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number. Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Metra Printed: 6/27/2018 Overall Project Estimate Union Labor Standard Overtime Description Hours Rate Hours Rate Total Labor SIGNAL TESTMAN 200 $34.44 100 $51.86 S12,054 SIGNAL FOREMAN 200 534.60 100 $51.90 S12,110 LEAD SIGNALMAN 200 $34.27 100 $51.41 $11,995 SIGNALMAN X4 800 $33.90 400 $50.85 $47,480 SIGNAL MAINTAINER 40 $33.76 20 $50.64 $2,363 Total Labor w/o Additives: $85,982 Maintenance of Way: 64.76% S55,682 Transportation: 64.52% $0 Total Labor w/Additives: $141,664 Corporate Labor Standard Overtime Description Hours Rate Hours Rate Total Labor OFFICE ENGINEER 160 $37.00 0 $55.50 $5,920 Total Labor w/o Additives: $5,920 Management and Inspection: 64.76% $0 Engineering and Design: 64.76% $3,834 Total Labor w/Additives: $9,754 Total Labor: $151,418 Equipment Force Account: $18,373 Equipment Leased: $0 Total Equipment: $18,373 Materials Force Account: $271,622 Materials to be Rid: $0 Total Materials: $271,622 Miscellaneous Expenses: $0 Total Miscellaneous Expenses: $0 Other: $0 Total Other: $0 Grand Total: $441,413 Page 4 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number. Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Metre Printed: 6/27/2018 Force Account Estimate Union Labor Standard Overtime Description Hours Rate Hours Rate Total Labor SIGNAL TESTMAN 200 $34.44 100 51.66 $12,054 SIGNAL FOREMAN 200 $34.60 100 51.9 $12,110 LEAD SIGNALMAN 200 $34.27 100 51.41 $11,995 SIGNALMAN X4 800 $33 90 400 50.85 $47,460 SIGNAL MAINTAINER 40 $33.76 20 50.64 $2,363 Total Labor w/o Additives: $85,982 Maintenance of Way: 64.76% $55,682 Transportation: 64.52% $0 Total Labor w/Additives: $141,684 Corporate Labor Standard Overtime Description Hours Rate Hours Rate Total Labor OFFICE ENGINEER 160 $37.00 0 55.5 $5,920 Total Labor w/o Additives: $5,920 Management and Inspection: 64.78% $0 Engineering and Design: 64.76% $3,834 Total Labor w/Additives: $9,754 Total Labor: $151,418 Equipment Force Account- $18,373 Equipment Leased: $0 Total Equipment: $18,373 Materials Force Account: $271,622 Materials to be Bid: $0 Total Materials: $271,622 Miscellaneous Expenses: $0 Total Miscellaneous Expenses: $0 Other: $0 Total Other: $0 Grand Total: $441,413 Funding MI Purchasing ED Construction Equipment Breakdown 003 004 005 006 017 S0 $271,622 $9,754 $141,664 $18,373 Page 5 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38,65-39.65 Created: 6/25/2018 Number: Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Metra Printed: 6/27/2018 Force Account Equipment Corporate Description Days Rate Total 3/4 TN SIGNAL MAINT TRUCK(9090 10 $400.83 $4,008.30 LATTICE BOOM CRANE 25 $248.43 $6,210.75 CREW CAB PICKUP(90782) 25 $77.80 $1,945.00 TRENCHERBACKHOE(DW 317 95) 25 $248.35 $6,208.75 Total Equipment 85 $18,373 Page 6 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number. Name: McLean Blvd. Modified: 6/27/2018 Forces Used:-TMetra- P ted: 6/27/20i8 Labor Breakdown by Complex Item Standard/Overtime Additive Grand ComplexJD/Dascription Function Hours Rate Total Amount Total Total Additional SIGNAL MAINTAINER 40 33.76 1,350 64.78% $1,530 $3,894 20 50.64 1,013 OFFICE ENGINEER 160 37.00 5,920 64.76% $3,834 $9,754 0 55.50 0 LEAD SIGNALMAN 200 34.27 6,664 64.76% $7,768 $19,783 100 51.41 5,141 SIGNAL FOREMAN 200 34.60 6,920 64.76% $7,842 $19,952 100 51.90 5,190 SIGNAL TESTMAN 200 34.44 8,888 64.76% $7,806 $19,860 100 51.66 5,166 SIGNALMAN X4 800 33.90 27,120 64.76% $30,735 $78,195 400 50.85 20,340 Function Subtotal 1,600 855,052 $59,516 S151,418 720 836,850 Complex Item SubTotal 1,600 $55,052 $59,516 $151,4/8 720 $36,850 Total 1,600 $55,052 $59,516 $151,418 720 836,850 Pe9e 7 of 10(Estimate Report) • Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number: Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Metre Printed: 6/27/2018 Equipment by Complex Items Leased Corporate Complex ID/Description Function Days Rate Total Days Rate Total ComplexiD: Additional 3/4 TN SIGNAL MAINT TRUCK 0.00 $0.00 $0.00 10.00 $400.83 $4,008 CREW CAB PICKUP(90782) 0.00 $0.00 $0.00 25.00 $77.80 $1,945 LATTICE BOOM CRANE 0.00 $0.00 $0.00 25.00 $248.43 $6,211 TRENCHER/BACKHOE(DW 3 0.00 $0.00 $0.00 25.00 $248.35 $6,209 Total by Complex Item 0.00 $0.00 85.00 $18,373 Total Equipment 0.00 $0.00 85.00 $18,373 Page 8 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number: Name: McLean Blvd. Modified: 6/27/2018 --Forces-Used:-Metra - Printed.._ 6/27/2018 Force Account Materials Corporate Description Quantity Rate Total 06-55404-2 BATTERY MTC 7 5231.00 $1,617 06-94206-4 CABLE TRACK 2 2,000 $2.80 $5,600 06-74121-9 RELAY B1 500 0 6 5344.30 $2,066 Crossing Gate-S60-Comp! 2 $15,000.00 $30,000 06-94220-5 CABLE UG 5/C# 1,500 $4.60 $6,900 06-94216-3 CABLE UG 7/C# 1,200 $12.26 $14,712 RELAY HOUSE 10X8 ALUM 1 $30,000.00 $30,000 06-74910-5 PLUG BOARD KI 6 $40.92 $246 CWTD-ElectroLoglXS-XP4 1 $22,000.00 $22,000 06-56040-3 RECT.ELEC 12 3 $1,043.00 $3,129 06-55406-7 BATTERY MTC 14 $280.50 $3,927 06-13060-3 CROSSARM 12" 4 $1,325.61 $5,302 06-13125-4 CROSSARM 12" 2 $700.70 $1,401 06-92450-0 FOUNDATION C 2 $2,600.00 $5,200 06-41402-3 SHUNT NBS-1 2 4 $362.00 $1,448 06-13125-4 CROSSARM 12" 2 $700.70 $1,401 CWTD-ElectroLogiXS-XP4 1 $30,000.00 $30,000 06-58826-3 SURGE PROT T 4 $225.00 $900 06-58145-8 ARRESTER LIG 12 $24.00 $288 06-94026-6 WIRE CASE FLE 1,500 $7.00 $10,500 06-94020-9 WIRE CASE FLE 1,250 $15.25 $19,063 AC Meter Service 1 $3,500.00 $3,600 TF-210HZ 4 $500.00 $2,000 Insulated Bondstrand 250 $1.74 $435 06-42685-2 MDSA-2 MD SU 2 $628.00 $1,256 00-00000-0 TRACK CONNE 8 $24.20 $194 06-58150-8 EQUALIZER,HE 4 $22.97 $92 42-29030-4 PIPE IRON 4"21 • 8 $132.00 $1,056 06-92300-7 FOUNDATION C 2 $495.00 $990 06-13750-9 BELL LOUD 5"1 1 $521.00 $521 06-12124-8 GA T EARM FIBG 2 $176.56 $353 06-94046.4 CABLE POWER 300 $5.97 $1,791 27'WALKOUT CANTILEVER 2 $25,000.00 $50,000 Crossing Indicator Light 1 $800.00 $800 Total Materials 8,106 $258,688 Material Additives: $12,934 Materials with Additives: $271,622 Page 9 of 10(Estimate Report) Estimate for File District: Milwaukee District-West Line Limits: 38.65-39.65 Created: 6/25/2018 Number: Name: McLean Blvd. Modified: 6/27/2018 Forces Used: Metra Printed: 6/27/2018 Materials by Complex Item Corporate Bid Complex Item/Description Function Quantity Rate Total Quantity Rate Total Additional 06-55404.2 BATTERY MTC 7.00 $231.00 $1,617.00 0.00 $0.00 $0.00 06-94206-4 CABLE TRACK 2 2,000.00 $2.80 $5,600.00 0.00 $2.80 $0.00 06-74121-9 RELAY B1 500 O 6.00 $344.30 $2,065.80 0.00 $0.00 $0.00 Crossing Gate-560-Comp! 2.00 $15,000,00 $30,000.00 0.00 $0.00 $0.00 06-94220-5 CABLE UG 5/C# 1,500.00 $4.60 $6,900.00 0.00 $4.60 $0.00 06-94216-3 CABLE UG 7/C# 1,200.00 $12.26 $14,712.00 0.00 $0.00 $0.00 RELAY HOUSE 10X8 ALUM 1.00 $30,000.00 $30,000.00 0.00 $30,000.00 50.00 06-74910-5 PLUG BOARD KI 6.00 $40.92 $245.52 0.00 $0.00 $0.00 CWTD-ElectroLogiXS-XP4 1.00 $22,000.00 $22,000.00 0.00 $0.00 $0.00 08-56040.3 RECT.ELEC 12 3.00 $1,043.00 $3,129.00 0.00 $0.00 $0.00 06-55406-7 BATTERY MTC 14.00 $280.50 $3,927.00 0.00 $0.00 $0.00 06-13060-3 CROSSARM 12" 4.00 $1,325.61 $5,302.44 0.00 $0.00 $0.00 06-13125-4 CROSSARM 12" 2.00 $700.70 $1,401.40 0.00 $0.00 $0.00 06-92450-0 FOUNDATION C 2.00 $2,600.00 $5,200.00 0.00 $2,600.00 $0.00 06-41402-3 SHUNT NBS-1 2 4.00 $362.00 $1,448.00 0.00 $0.00 $0.00 06-13125-4 CROSSARM 12" 2.00 $700.70 $1,401.40 0.00 $0.00 $0.00 CWTD-ElectroLogIXS-XP4 1.00 $30,000.00 $30,000.00 0.00 $0.00 $0.00 06-58826-3 SURGE PROT T 4.00 $225.00 $900.00 0.00 $0.00 $0.00 06-58145-8 ARRESTER LIG 12.00 $24.00 $288.00 0.00 $24.00 $0.00 06-94026-6 WIRE CASE FLE 1,500.00 $7.00 $10,500.00 0.00 $0.70 $0.00 06-94020-9 WIRE CASE FLE 1,250.00 $15.25 $19,062.50 0.00 $1.52 $0.00 AC Meter Service 1.00 $3,500.00 $3,500.00 0.00 $0.00 $0.00 TF-210HZ 4.00 $500.00 $2,000.00 0.00 $0.00 $0.00 Insulated Bondstrand 250.00 $1.74 $435.00 0.00 $0.00 $0.00 06-42685.2 MDSA-2 MD SU 2.00 $628.00 $1,256.00 0.00 $0.00 $0.00 00-00000-0 TRACK CONNE 8.00 $24.20 $193.60 0.00 $0.00 $0.00 06-58150-8 EQUALIZER,HE 4.00 $22.97 $91.88 0.00 $0.00 $0.00 42-29030-4 PIPE IRON 4"21 8.00 $132.00 $1,056.00 0.00 $0.00 $0.00 06-92300-7 FOUNDATION C 2.00 $495.00 $990.00 0.00 $0.00 $0.00 06-13750-9 BELL LOUD 5"1 1.00 $521.00 $521.00 0.00 $0.00 $0.00 06-12124-8 GATEARM FIBG 2.00 $176.58 $353,16 0.00 $0.00 $0.00 06-94046-4 CABLE POWER 300.00 $5.97 $1,791.00 0.00 $5.97 50.00 27'WALKOUT CANTILEVER 2.00 $25,000.00 $50,000.00 0.00 $25,000.00 $0.00 Crossing Indicator Light 1.00 $800.00 $800.00 0.00 $0.00 $0.00 _ =^ Materials by Complex Item 8,108 $258,688 0 $0 Total Materials 8,108 $268,688 0 SO Page 10 of 10(Estimate Report) EXHIBIT B ILLINOIS DEPARTMENT OF TRANSPORTATION BUY AMERICA CERTIFICATE OF COMPLIANCE Agreement No. N/A Job No. C-91-372-14 WE, Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority D/B/A Metra (UTILITY/RAILROAD OWNER) 547 West Jackson, Chicago Illinois 60661 Address: Hereby certify that we are in compliance with the "Buy America" requirements of this project. As required, we will maintain all records and documents pertinent to the Buy America requirement, at the address given above,for not less than 3 years from the date of project completion and acceptance. These files will be available for inspection and verification by the Department and/or FHWA. We further certify that the total value of foreign steel as described in the Buy America requirements for this project does not exceed one-tenth of one percent(0.1%) of the total contract price or$2,500.00, whichever is greater. Signed by Title Atli , ',gaff 7 Printed Name ell,opf Not 4K J 2 o �� � 8 r! day of II { C-91-372-14 13 Revised November 5, 2018 EXHIBIT C TIN CERTIFICATION The COMPANY certifies that: 1. The number shown on this form is the COMPANY's correct taxpayer identification number(or the COMPANY is waiting for a number to be issued to them), and 2. The COMPANY is not subject to backup withholding because: (a) the COMPANY is exempt from backup withholding, or (b) the COMPANY has not been notified by the Internal Revenue Service (IRS)that the COMPANY is subject to backup withholding as a result of a failure to report all interest or dividends, or(c) the IRS has notified the COMPANY, that the COMPANY is no longer subject to back-up withholding, and 3. The COMPANY's person with signatory authority for this Agreement is a U. S. person (including a U.S. resident alien). Taxpayer Identification Number: ` - 3 I Z Giy Legal Status _ Individual ) Government Sole Proprietor _ Nonresident Alien Partnership/Legal Corporation Estate or Trust Tax-exempt _ Pharmacy ( Non Corp.) Corporation providing or billing Pharmacy/Funeral home medical and/or health care services /Cemetery Corporation NOT providing or billing Limited Liability Company (select medical and/or health care services applicable tax classification) Other D= Disregarded entity ❑ C= Corporation P= Partnership C-91-372-14 14 Revised November 5, 2018 I 1 206TMN6 B C McIEA trD. 6' CURB 6'CURB N BIG.TIMBER ROAD �_STAI ARO CANTILEVER FOUNOATt TO ALMORA ' F SSTANDARD IGNAL TO ELGIN EAST T A•3• «J,tTh i I r—� 12' I I -.RE VISIONS-. 17' 4•3- �'y STANDARD SIGNAL • FOUNDATION I ' .� ENLARGED VIEW OF CROSSING SHOWING LOCATION OF SIGNAL FOUNDATIONS ---62' STANDARD CANTILEVER FOUNDATION j t* NOT TO SCALE - I I THIS SHEET II 1IMBER OR]VE ALL NEW 4 -' I r 1 r CHECK 1 I DOT 372-2161 '� OEI/I0/18 ¢ Me ra SIGNAL ENGINEERING GNtcaao. to IROIs 4 CHICAGO TO ELGIN 'II MCLEAN BOULEVARD. ELGIN ENLARGEDI jV IEW .x. 39.14 SH.1 THRU 17 (06/10/18 ammo — I naaI room i MW/W 39r,14 SH-16 Resolution No. 19-63 RESOLUTION AUTHORIZING EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL DEVICE IMPROVEMENTS AT MCLEAN BOULEVARD AND BIG TIMBER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a State of Illinois Department of Transportation Agreement with the State of Illinois Department of Transportation(Section 14-00185-00 TL,Project RRP-4003(352),Job No.C- 91-372-14,TIP#09-14-0024)and the Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority on behalf of the City of Elgin for crossing waning signal device improvements at McLean Boulevard and Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented:April 24, 2019 Adopted: April 24,2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: • s/Kimberly Dewis Kimberly Dewis, City Clerk Y Local Public Agency Consultant City of Elgin L Illinois Department Hampton, Lenzini and Renwick, Inc. 0 of Transportation c County C 0 Address Kane ` A . N 380 Shepard Drive Section L s City 14-00185-00-TL lJ Elgin Project No. A Preliminary Engineering L State RRP-4003(352) Services Agreement IL Job No. C' For T Zip Code C-91 372 14 E Federal Participation A 60123 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Ronald Rudd,PE C T Randal Newkirk,PE (847)931-6081 Y (847) 697-6700 rudd racitvofelain.ora rnewkirkahlrenq.com THIS AGREEMENT is made and entered into this 8 th day of January 2020 between the above Local Public Agency(LPA)and Consultant(ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name McLean Blvd at METRA Railroad Route Length <0.1 mi Structure No. Termini at Big Timber Road Description Traffic signal improvement at the intersection McLean/METRA Railroad/Big Timber Road. Project will use Local Agency Railway-Highway Grade Crossing Improvement Funding. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 640 calendar days from the date of the Notice to Proceed from the LPA. excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7 That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGIN EER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. Page 1 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution, donation or consideration of any kind for,or in connection with,procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures,and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ❑ Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM II. THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF=14.5%[DL+ R(DL)+OH(DL)+IHDC],or ❑ CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+IHDC], or ❑ CPFF= 14.5%[(2.3+R)DL+ IHDC] Where: DL= Direct Labor IHDC =In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R= Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE,a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31U.S.C. 3801 et seq.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510,the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services(23 CFR part 172). Exhibit C is required to be completed with this agreement. III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings,plans, specifications, estimates,maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BLR 05610(Rev 05/31/19) Printed on 8/1/2019 3.23.56 PM • 3. That all reports, plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books,records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the STATE,and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor"means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement;and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling,rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM • 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this • • • AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the some of the original AGREEMENT,a supplemental AGREEMENT _ will be required. Supplements will also be required for the addition or removal of subconsultants,direct costs,the use of previously unspecified staff, and other material changes to the original AGREEMENT. Agreement Summary Prime Consultant: TIN Number Agreement Amount Hampton, Lenzini and Renwick, Inc 36-2555986 $137,127.19 Sub-Consultants: TIN Number Agreement Amount Rubino Engineering, Inc. $4,000.00 Sub-Consultant Total: $4,000.00 Prime Consultant Total: 137,127.19 Total for all Work. 141,127.19 Executed by the LPA: City of Elgin (Municipality/Township/County) ATTES : By. &&41/ By: f TT Kimberly A. Dew s Clerk Title: Richard G. Kozal, City Manager, (SEAL) Executed by the ENGINEER: ATTEST: By: By: ej2((l9... L16V) Title: Corp, .ZCe-e4tcy Title: 1e CLUJ' I COD Page 5 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM PAYROLL ESCALATION TABLE ANNIVERSARY RAISES COST PLUS FIXED FEE FIRM NAME Hampton, Lenzini and Renwick, Inc. DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 21 MONTHS OVERHEAD RATE 149.72% START DATE 10/1/2019 COMPLEXITY FACTOR 0 RAISE DATE ANNIVERSARY %OF RAISE 3.00% ESCALATION PER YEAR DETERMINE THE MID POINT OF THE AGREEMENT 10.5 CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT 2.63% The total escalation for this project would be: 2.63% Page 1 of 9 PREPARED BY THE CONSULTANT BDE 3604 Template (Rev. 10/31/16) PAYROLL:RA-'EM-- - FIRM NAME Hampton, Lenzini and Re DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. ESCALATION FACTOR 2.63% CLASSIFICATION CURRENT RATE CALCULATED RATE I I Principal $71.00 $72.86 Engineer 6 $57.75 $59.27 Engineer 5 $50.97 $52.31 Engineer 4 $48.00 $49.26 Engineer 3 $41.33 $42.41 Engineer 2 $33.56 $34.44 Engineer 1 $26.79 $27.49 Structural Engineer 2 $63.17 $64.83 Structural Engineer 1 $49.63 $50.93 Technician 3 $40.83 $41.90 Technician 2 $34.75 $35.66 Technician 1 $24.83 $25.48 Intern/Temporary $15.00 $15.39 Land Acqusition $41.17 $42.25 Survey 2 $41.83 $42.93 Survey 1 $33.63 $34.51 Environmental 2 . $43.00 $44.13 Environmental 1 S22.75 $23.35 Administrative 2 $41.00 $42.08 Administrative 1 S20.79 $21.34 BDE 3604 Template Printed 8/1/2019 PREPARED BY THE CONSULTANT (Rev. 10/31/16) COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES FIRM Hampton,Lenzini and Renwick,Inc. DATE 08/01/19 PTB OVERHEAD RATE 1.4972 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % DROP ITEM MANHOURS PAYROLL & DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) (D) (E) (F) (G) (H) (B-G) Data Collection 374 13,715.67 20,535.10 5,074.80 4,400.00 4,000.00 47,725.56 33.82% Phase I-Prel. Eng. 88 3,452.53 5,169.13 1,277.44 9,899.10 7.01% Phase II-Design Eng. 396 17,804.66 26,657.13 6,587.72 51,049.51 36.17% Phase Ill-Constr.Eng. 180 8,236.89 12,332.27 3,047.65 23,616.80 16.73% QA/QC/Admin 52 3,081.83 4,614.11 1,140.28 8,836.22 6.26% Subconsultant DL 0.00 0.00 0.00% TOTALS 1090 46,291.57 69,307.74 0.00 17,127.88 4,400.00 4,000.00 0.00 141,127.19 100.00% DBE 0.00% DBE Page 4 of 9 BDE 3604 Template Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT (Rev. 10/31/16) AVERAGE HOURLY PROJECT RATES FIRM Hampton, Lenzini and Renwick, Inc. PTB DATE 08/01/19 PRIME/SUPPLEMENT Prime SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Data Collection Phase I-Prel.Eng. Phase II-Design Eng. Phase Ill-Constr.Eng. QA/QC/Admin HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg 0 Principal 72.86 0 0 Engineer6 59.27 111 10.18% 6.04 10 2.67% 1.58 1 1.14% 0.67 8 2.02% 1.20 40 22.22% 13.17 52 100.00% 59.27 Engineer 5 52.31 326 29.91% 15.64 63 16.84% 8.81 31 35.23% 18.43 232 58.59% 30.65 Engineer 4 49.26 0 Engineer 3 42.41 44 4.04% 1.71 16 4.28% 1.81 28 7.07% 3.00 Engineer 2 34.44 27 2.48% 0.85 3 0.80% 0.28 24 27.27% 9.39 Engineer 1 27.49 259 23.76% 6.53 165 44.12% 12.13 24 27.27% 7.50 70 17.68% 4.86 Structural Engineer 2 64.83 0 Structural Engineer 1 50.93 0 Technician 3 41.90 140 12.84% 5.38 140 77.78% 32.59 Technician 2 35.66 116 10.64% 3.80 52 13.90% 4.96 8 9.09% 3.24 56 14.14% 5.04 Technician 1 25.48 0 Intern/Temporary 15.39 0 , Land Acqusition 42.25 0 Survey 2 42.93 50 4.59% 1.97 48 12.83%° 5.51 2 0.51% 0.22 Survey 1 34.51 16 1.47% 0.51 _ 16 4.28% 1.48 _ Environmental 2 44.13 0 _ Environmental 1 23.35 0 Administrative 2 42.08 1 0.09% 0.04 1 0.27% 0.11 Administrative 1 21.34 0 0 0 0 0 0 r _ 0 0 TOTALS 1090 100% $42.47 3'74 100% $36.67 88 100% $39.23 396 100% $44.96 180 100% $45.76 52 100% $59.27 BDE 3604 Template Page 5 of 9 (Rev. 10/31/16) Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT HAMPTON, LENZINI, AND RENWICK, INC. E1R Civil Engineering • Structural Engineering • Environmental Services • Land Surveying EXHIBIT A City of Elgin McLean Boulevard / Big Timber Road / Metra RR Crossing Traffic Signal / RR Signal Improvements Project Description The proposed project involves safety improvements at the existing McLean Boulevard Metra Railroad Crossing. The improvements will indude the adjoining signalized intersection of McLean Boulevard with Big Timber Road to the north and the unsignalized intersection with Timber Drive to the south. Improvements will include upgrades to the traffic signals at McLean Blvd and Big Timber Road, including the possible addition of traffic signal control to McLean Blvd and Timber Drive. The two intersections will be operated by one signal controller, which will maintain its integration with the existing railroad warning devices. Modifications to the traffic signal — railroad interconnect will be determined via coordination between the City, Metra, the Union Pacific Railroad (UPRR) and the Illinois Commerce Commission (ICC). The base proposal assumes that an ICC hearing will not be required. Proposed Scope of Services HLR will complete the following tasks to obtain the required IDOT approvals needed for these federally-funded safety improvements. We will coordinate our work with the City as is timely to provide opportunities for discussions, reviews and approvals. Project Initiation and Data Collection • Prepare minutes of the Elgin / IDOT Phase I engineering kick-off meeting held at the Elgin Public Works office on May 6. • Order JULIE locates for utilities within the limits of the project. • Obtain and review existing / as-built plans available from the City. • Check existing right-of-way and easements using tax maps, on-line databases and subdivision plats available from the City's records. • Conduct a field inspection of the project site to observe existing traffic operations and view locations of visible utilities and other features that must be accounted for in the proposed design. • Coordinate with Metra, the UPRR and ICC to determine their requirements for the extent of improvements needed for the railroad crossing warning devices and for their preliminary review of signal sequence-of-operation alternatives. • Conduct a topographic survey sufficient to prepare traffic signal plans. The survey will include pavement centerlines and edges, curb lines, pavement markings, traffic signal and railroad signal equipment, signs, visible utilities, visible right-of-way monumentation and features outside the ROW that may affect the placement of signal equipment. Import the survey data and prepare CADD files for plan sheets. 380 Shepard Drive 3085 Stevenson Drive, Suite 201 1335 Lakeside Drive,Unit 4 Elgin, Illinois 60123-7010 Springfield, Illinois 62703 Romeoville. Illinois 60446 Tel. 847.697.6700 Tel. 217.546.3400 Tel. 847.997.1211 Fax 847.697.6753 Fax 23 7.546.8116 Proposed Scope of Services (continued) Page 2 of 3 • Coordinate with our geotechnical-subonsultant,--Rubino Engineenng; to obtain oil-borings— and a geotechnical report. We will review the findings to select proposed traffic signal mast arm foundation designs. • Prepare a PESA and PSI for the site. This will include collecting soil samples during the soil borings operation and deliver them to Prairie Analytical Systems for lab analyses. This will provide soil characterization sampling for Illinois EPA LPC#663 for disposal of excess excavated soils. Due to the railroad and gas stations adjoining the intersections, it is assumed that contamination will be found. • If a traffic signal or right-in-right-out at Timber Drive is desired the foiiowing wiii be needed: o Obtain peak period turning-movement traffic counts at McLean Blvd / Big Timber Road and McLean Blvd / Timber Drive, classified by vehicle type, bicycles and pedestrians. This will include tracing counts of vehicle movements that cross the railroad tracks and enter or exit Timber Drive. This information may be desired if the ICC or railroad recommends restricting Timber Drive to right turns only as a safety measure. The data will demonstrate that most large truck traffic enters Timber Drive from the McLean Blvd north approach. o Analyze traffic flow through the intersection based on future traffic projections using the Highway Capacity Software (HCS) o Prepare an Intersection Design Study (IDS) and submit to IDOT for approval • Prepare for and represent the City at an ICC hearing, if required for the modification to the railroad warning system and/or modifications to the traffic signal plan and sequences of operation. These hearings are typically held in Chicago. Phase I (Preliminary) Engineering • Prepare an analysis of signal phasing to operate the McLean Blvd / Big Timber Road signalized intersection. A future Timber Drive signal evaluation will be considered. • Prepare a project location map, existing and proposed typical cross sections and an aerial photo exhibit as required for the IDOT Phase I submittal package. • Conduct further coordination with Metra, the UPRR and ICC for review of preliminary engineering. • Prepare IDOT's BLR 19100 Categorical Exclusion Group I approval form, assemble the Phase I submittal package and submit to IDOT for District 1 approval. Phase II (Design) Engineering • Design and prepare plans for temporary and permanent traffic signals induding pavement markings, pay items, quantities, cost estimates, specifications and special provisions. Prepare the traffic signal sequence of operation, railroad preemption sequence of operation and Emergency Vehide Preemption (EVP) sequence of operation in a chart format. • Prepare the traffic signal / railroad signal interconnect plan. Prepare required details for any modifications required by Metra, the UPRR or ICC for the integration of the traffic signals with the railroad warning devices. • Prepare the plan cover sheet, general notes, summary of quantities and schedules. • Conduct further coordination with Metra, the UPRR and ICC for plan reviews. • Assist City staff with the preparation and updates of the IDOT-Local Agency Agreement and the Project Program Information forms. Proposed Scope of Services (continued) Page 3 of 3 Phase III (Construction) Engineering • Provide construction inspection services for the project in accordance with federal-aid procedure. Estimated 160 hours for inspection, documentation, and coordination. CONFIDENTIAL "gm City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road,and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E5 E3 E2 El T2 S2 S1 E2� A2 Direct Cost Hours 1. Data Collection 1a Project set-up and initiation. 2 i.� 13 lb Field inspection of the project site. 2 — 2 4 Prepare for and attend a kickoff meeting with the City and IDOT. 1c Prepare meeting minutes for inclusion with BLR 19100 document. 8 5 13 1d Conduct topographic survey of the project,download data and plot. 4 16 48 16 84 le Obtain and review existing plans provided by the City. 1��- 1 2 Peak period turning movement traffic counts at McLean&Big Timber Road and McLean&Timber Drive,classified by vehicle type. 1f Includes tracing counts of vehicle movements through McLean&Big 3 $ 900.00 3 Timber Road that cross the tracks and enter or exit Timber Drive: Request future traffic projections from CMAP for use along with peak 1g projects in the Highway Capacity Software(HCS)analysis. 4 4 1 h Prepare and submit an IDS to IDOT for review. Revise based on 10 30 30 +�^ 70 commets provided by IDOT. Coordinate and obtain soil borings for mast arm foundations.Review 11 findings for selection of foundation design.Direct cost for 6 $ 5,000.00 6 geotechnical subconsultant,Rubino Engineering. 11 Prepare a PESA 1 45 3 ._._ 5 $ 400.00 54 1k Prepare a PSI 1 40 3 16 $ 2,100.00 1l Prepare CCDD 8 2 Prepare for and represent the City of Elgin at one ICC heanng session for the modification to the railroad warning system and modifications 1m to the traffic signal plan and sequences of operation.(Time and fee is 16 16 24 56 per hearing session held in Chicago.) __._ordinate with ICC,Metra and UP RR to determine their ^� ~ 1 n requirements for this project,the extent of improvements required for• 14 6 20 RR warning devices and for preliminary review of sequence of operation alternatives. Check existing ROW and easements via tax maps,on-line database — 10 and subdivision plan sheets in City's files. 8 8 SUB-TOTAL 10 63 16 3 165 52 48 16 23 1 $ 8,400.00 — - 2. Phase I-Preliminary Engineering 2a Prepare analysis of signal phasing to operate Timber Drive approach 1 8 9 as part of the Mclean/Big Timber Road intersection. Prepare capacity analyses of the intersections of McLean Blvd with 2b Big Timber Road and Timber Drive for the AM and PM peak hours for 4 4 existi traffic and projected design year traffic. Zc Prepare location map,typical cross sections,aerial photo exhibit as required for IDOT Phase I submittal package. 4 8 12 2d Prepare Intersection Design Study(IDS)and submit to IDOT for _ 20 20 ——Y 40 approval _ 2e Coordinate reviews with City of Elgin staff. 2 2 Conduct further coordination with the ICC,UP RR and Metra for preliminary engineering reviews. 8 8 Prepare and submit BLR 19100 Categorical Exclusion Group I Zg approval form for IDOT District 1 approval. 1 12 13 SUB-TOTAL 1 31 0 24 24 8 0 0 0 0 $ - 8/1/2019 1 of 2 CONFIDENTIAL I �R EXHIBIT A City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road, and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E5 E3 E2 El T2 S2 S1 ENV A2 Direct Cost Hours 3. Phase II-Design&Plan Preparation 3a Prepare Cover Sheet,General Notes,SOQ&Schedules. 2 36 2 40 McLean Blvd/Big Timber Road temporary and permanent traffic signal plans,pavement marking plans,pay items,quantities,cost 3b estimate,specifications and special provisions.Prepare traffic signal 180 24 20 8 232 sequence of operation,railroad preemption sequence of operation and EVP sequence of operation in Chart Format. Traffic signal/Railroad signal interconnect plan and prepare details 3c for any modifications required by ICC and Metra for the integration of 4 4 16 4 28 traffic signals with railroad warning devices. 3d Coordination for City,ICC,Metra,UP RR and IDOT(Local Roads) 16 16 4 36 reviews,including preparation of submittal packages. 3e Prepare and attend coordination meetings,as required(3) 18 18 36 Prepare for and attend an ICC hearing for modifications to the railroad 3f warning system and/or modifications to the traffic signal plan and 8 8 16 sequence of operations is required. 3 Assist City staff with preparation/update of DOT-Local Agency 4 4 g Agreement and Project Program Information forms. 3h_Printing,plotting,typing. 4 4 SUB-TOTAL 8 232 28 0 70 56 2 0 0 0 $ • 4. Phase III-Construction Observation Observe construction activities,document and report according to IDOT standards,coordinate with METRA contractor,coordinate with 4a City Staff,and closeout job. (Assume 2 week temporary signal 40 140 180 installation,6 week permanent signal installation)(8 weeks at 20 hours/week) SUB-TOTAL 0 40 0 140 0 0 0 0 0 0 $ • 5. QC/QA&Administration 52 52 Sub-Total 71 366 44 167 259 116 50 16 23 1 $ 8,400.00 8/1/2019 2 of 2 r McLean Boulevard, Big Timber Road, and Metra Rail Traffic Signal Improvements Anticipated Schedule Notice to Proceed: August 5, 2019 Kick-Off Meeting with IDOT/ Elgin August 12, 2019 Begin Field Data Collection and Survey: August 12, 2019 Update traffic county,future traffic projections,and IDS: August 12, 2019 Begin Coordination with Metra/ICC: August 12,2019 Submit Phase I Engineering: November 18, 2019 Submit Pre-Final Phase II Engineering: February 21,2020 Submit Final Phase II Engineering: April 20, 2020 IDOT Letting: July 31, 2020 Begin Construction: October 5, 2020 End Construction: Spring 2021 VOLUME LXXXV_ _--- JANUARY 8,2020— COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois,was held on January 8, 2020, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:40 p.m. The Pledge of Allegiance was led by Carol Gauge. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE DECEMBER 18,2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the, December 18,2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon,Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Dr. Martin Luther King Jr. Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Dr. Martin Luther King,Jr.,born in Atlanta, Georgia, attended Morehouse College in Atlanta and Crozer Theological Seminary in Pennsylvania, and was a student thereafter at Boston University and the University of Pennsylvania, and, who following his studies,became a spiritual leader of his church; and WHEREAS, Dr. Martin Luther King, Jr., as a spiritual leader not only of his own congregation,but of millions throughout the world, espoused the philosophy of nonviolence to all mankind, and in recognition of his teachings was awarded the Nobel Peace Prize; and • 1 JANUARY 8,2020 VOLUME LXXXV WHEREAS, Dr. Martin Luther King, Jr., in his campaign for Civil Rights, extended his work for the benefit of all humanity, and especially for the poor, and was a leader in the cause of world peace; and WHEREAS, The City of Elgin is a blessed and compassionate city,priding itself on its diversity and welcoming its many immigrant groups and its many communities of faith; and WHEREAS, The City of Elgin through its Human Relations Commission and the Dr. King Celebration Committee has honored the legacy of Martin Luther King,Jr. for 34 years, reflecting our commitment to Dr. Martin Luther King Jr.'s vision of a nation committed to non- violence and love in our cities. NOW,THEREFORE, I,David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday,January 18th and Monday, January 20th 2020, as days in honor of the memory of Dr. Martin Luther King,Jr. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of January, 2020. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Anthony Ortiz stated his concerns regarding alleged ethics violations of councilmembers. Jose Bosque stated his concerns regarding alleged ethics violations of councilmembers. BID 19-057 AWARDED TO FOWLER ENTERPRISES,LLC FOR DEMOLITION OF PARTIALLY CONSTRUCTED ELGIN MEMORY CARE FACILITY AT 3271 U.S. ROUTE 20 Councilmember Shaw made a motion, seconded by Councilmember Gavin,to approve a contract with Fowler Enterprises, LLC in the amount of$146,300 for the demolition and removal of the remaining building improvements and site restoration work at 3271 U.S. Route 20. Upon a roll call vote: Yeas: Councilmembers Dixon,Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 2 VOLUME LXXXV JANUARY 8, 2020 SOURCEWELL COOPERATIVE CONTRACT AWARDED TO KONICA MINOL-TA FOR MANAGED PRINT SERVICES Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award a contract to Konica Minolta in the amount of$18,960 annually for a three-year agreement for a managed print services program to provide toner cartridges and printer maintenance services for printers throughout the City. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 27-19 APPROVED FOR 890 N.STATE STREET—CONDITIONAL USE TO CONSTRUCT NEW COMMERCIAL ANTENNAS ON THE ROOF OF AN EXISTING FOUR-STORY BUILDING Marc Mylott, Community Development Director, outlined Petition 27-19. The petition would grant a conditional use to construct commercial antennas on an existing building. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Martinez,to approve Petition 27-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez,Powell,Rauschenberger, Steffen, and Mayor Kaptain. Nays:None. Councilmember Shaw abstained. PETITION 38-19 APPROVED FOR 250 AIRPORT ROAD—MAP AMENDMENT TO PLANNED DEVELOPMENT TO CONSTRUCT THREE MONUMENT GRAPHICS ON THE PROPERTY Marc Mylott, Community Development Director, outlined Petition 38-19. The petition would grant a map amendment to allow for the construction of three monument graphics on the property. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 38-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Shaw,to pass Ordinance No. G1-20 and adopt Resolution Nos. 20-1 through 20-7 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 3 JANUARY 8,2020 VOLUME LXXXV RESOLUTION 20-1 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CEDAR GROVE SUBDIVISION Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No.20-1 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CEDAR GROVE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Cedar Grove Subdivision which will include streets,water main, sanitary sewer, storm sewer, street lights, street signs and sidewalk improvements. Acceptance of the public improvements will add the following city maintained facilities: approximately 2,190 lineal feet of eight-inch water main;5,250 lineal feet of twelve-inch water main;eight,eight inch valves in four- foot vaults; five,twelve-inch valves in five-foot vaults; nineteen fire hydrants; 5,741 lineal feet of eight-inch sanitary sewer; 36 sanitary manholes; 1,015 lineal feet of twelve-inch storm sewer; 248 lineal feet of fifteen-inch storm sewer; 277 lineal feet of eighteen-inch storm sewer; 1,203 lineal feet of 24-inch storm sewer; 62 lineal feet of 30-inch storm sewer; 671 lineal feet of 36-inch storm sewer; one, 24-inch flared end section; 25 street lights; 20 street signs; 4,903 lineal feet of improved street; 9,805 lineal feet of curb and gutter; 50,420 square feet of sidewalk; and, all their collective appurtenances to the City maintained facilities. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8,2020 Adopted: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk 4 VOLUME LXXXV JANUARY 8, 2020 RESOLUTION 20=2ADOPTED==ACCEPTING FOR-OWNERSHIP AND -- MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CEDAR GROVE EAST SUBDIVISION Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:None. Resolution No. 20-2 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CEDAR GROVE EAST SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Cedar Grove East Subdivision which will include streets, water main, sanitary sewer, storm sewer, street lights, street signs and sidewalk improvements. Acceptance of the public improvements will add the following maintained facilities: approximately 285 lineal feet of eight- inch water main; one, eight-inch valve in 4-foot vault; 1,385 lineal feet of eight-inch sanitary sewer; ten sanitary manholes; 314 lineal feet of twelve-inch storm sewer; 28 lineal feet of fifteen- inch storm sewer; 135 lineal feet of eighteen-inch storm sewer; four street lights, four street signs; 1,373 lineal feet of improved street; 2,745 lineal feet,of curb and gutter; 14,660 square feet of sidewalk; and, all their collective appurtenances to the City maintained facilities. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8, 2020 Adopted: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk RESOLUTION 20-3 ADOPTED ACCEPTING AN AWARD FROM THE KANE COUNTY COURT VICTIM SERVICES FUND TO PROVIDE DIRECT SERVICES TO THE RESIDENTS OF ELGIN AND VICTIMS OF CRIME Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 5 JANUARY 8,2020 VOLUME LXXXV Resolution No. 20-3 RESOLUTION ACCEPTING AN AWARD FROM THE KANE COUNTY COURT VICTIM SERVICES FUND TO PROVIDE DIRECT SERVICES TO THE RESIDENTS OF ELGIN AND VICTIMS OF CRIME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts an award from the Kane County Court Victim Services Fund in the amount of$12,000 to provide direct services to the residents of Elgin and victims of crime, pursuant to the award letter of November 13, 2019, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain,Mayor Presented: January 8, 2020 Adopted: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk RESOLUTION 20-4 ADOPTED AUTHORIZING EXECUTION OF A COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS,INC.FOR THE PURCHASE OF CALLWORKS NEXT GENERATION 9- 1-1 CALL TAKING,MAPPING,IP BASED TELECOMMUNICATIONS SYSTEMS AND INTEGRATION SERVICES Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon,Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:None. 6 VOLUME LXXXV JANUARY 8,2020 Rest•luti-on No. 20-4 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF CALLWORKS NEXT GENERATION 9-1-1 CALL TAKING,MAPPING, IP BASED TELECOMMUNICATIONS SYSTEMS AND INTEGRATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute a Communications System and Services Agreement on behalf of the City of Elgin with Motorola Solutions, Inc. for the purchase of CallWorks Next Generation 9-1-1 call taking, mapping, IP based telecommunications systems and integrations services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8,2020 Adopted: January 8, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 20-5 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH MR. DAVID'S,INC. FOR CARPET AND FLOORING REPLACEMENT AT THE EDWARD SCHOCK CENTRE OF ELGIN Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 7 JANUARY 8, 2020 VOLUME LXXXV Resolution No. 20-5 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH MR. DAVID'S, INC. FOR CARPET AND FLOORING REPLACEMENT AT THE EDWARD SCHOCK CENTRE OF ELGIN WHEREAS,the City of Elgin has heretofore entered into a contract with Mr.David's, Inc. for carpet and flooring replacement at the Edward Schock Centre of Elgin; and WHEREAS,it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Richard G.Kozal,City Manager,be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8, 2020 Adopted: January 8, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk RESOLUTION 20-6 ADOPTED REPEALING RESOLUTION NO. 15-147 REGARDING A PREVIOUS VERSION OF AN AGREEMENT WITH HAMPTON,LENZINI AND RENWICK,INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS PROJECT Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon,Gavin, Lopez, Martinez,Powell,Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 8 VOLUME LXXXV JANUARY 8,2020 Resolution No.20-6 RESOLUTION REPEALING RESOLUTION NO. 15-147 REGARDING A PREVIOUS VERSION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 15-147 adopted on November 4, 2015, providing for the execution of an agreement with Hampton, Lenzini,Renwick, Inc. for engineering services in connection with the McLean and Big Timber Road Railroad Signal Improvements Project be and is hereby repealed, and the agreement authorized by such resolution be and is hereby terminated. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8, 2020 Adopted: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 20-7 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK,INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS PROJECT Councilmember Gavin made a motion, seconded by Councilmember Shaw,to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 20-7 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby fmds that an 9 JANUARY 8, 2020 VOLUME LXXXV exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hampton,Lenzini and Renwick, Inc. for engineering services in connection with the McLean and Big Timber Road Railroad Signal Improvements Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain,Mayor Presented: January 8, 2020 Adopted: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G1-20 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976,AS AMENDED,ENTITLED"VEHICLES AND TRAFFIC" Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon,Gavin, Lopez,Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G 1-20 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, various regulations as to the operation of vehicles, traffic and parking on streets and other areas within the City pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 10 VOLUME LXXXV JANUARY 8, 2020 Section 1: —That-Se-al-on 11.20.030=of=the=Elgr Municipal=Cozl 1-976, as--amended -- entitled "Speed Regulations:" be and is hereby further amended by amending Subparagraph D thereof which relates to 35 miles per hour zones by amending the existing reference of"Villa Street between Illinois Avenue and Peck Place"to read "Villa Street between Wright Avenue and Peck Place". Section 2. That Section 11.20.030 of the Elgin Municipal Code, 1976, as amended, entitled "Speed Regulations:" be and is hereby further amended by amending Subparagraph E thereof which relates to 40 miles per hour zones by deleting from the listing therein the reference to:"Villa Street between Ramona Avenue and Peck Place". Section 3. That Section 11.20.030 of the Elgin Municipal Code, 1976, as amended, entitled "Speed Regulations:" be and is hereby further amended by amending Subparagraph F thereof which relates to 45 miles per hour zones by adding thereto the following additional reference: "Nolan Road from Bowes Road to the City limits". Section 4. That all ordinances or parts of ordinances in conflict with the revisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/David J. Kaptain _ David J. Kaptain,Mayor Presented: January 8,2020 Passed: January 8,2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 8,2020 Published: January 10,2020 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Lopez, Gavin, Martinez,Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 11 • • JANUARY 8,2020 VOLUME LXXXV Cultural Arts Commission,November 11, 2019 E-911 Board,November 21,2019 Committee of the Whole, December 4,2019 City Council, December 4, 2019 Alcoholic Liquor Tax Revenue Motor Fuel Tax Revenue Riverboat Revenue Electricity Tax Revenue Natural Gas Tax Revenue Hotel/Motel Tax Revenue Telecommunications Tax Revenue Video Gaming Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office,When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office,When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance-Exempt Under Section 120/2(c)(3) of the Open Meetings Act The appointment, employment,compensation, discipline, performance,or dismissal of specific employees of the Public Body—Exempt Under Section 120/2(c)(1)of the Open Meetings Act The meeting adjourned at 9:02 p.m. s/Kimberly Dewis January 22,2020 Kimberly Dewis, City Clerk Date Approved 12 . 4.