HomeMy WebLinkAbout23-27 State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 23-27
RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ILLINOIS AND THE CITY OF ELGIN APPROPRIATING $577,140 FOR BIKEWAY
ROUTE 4, SW QUADRANT FROM BOWES ROAD/BOWES CREEK BLVD (WEST
LIMITS) TO EAST ROAD/IL ROUTE 31 (EAST LIMITS)
adopted by the Elgin City Council at its legally convened meeting held on February 22, 2023.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this February 28, 2023.
Kimberly De Crty Clerk
City of Elgin
Location: Various (Bike Path IV)
Section No.: 09-00176-00-BT
Project No.: 7FF8(480)
Job No.: C-91-305-09
Resolution No. 23-27
RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ILLINOIS AND THE CITY OF ELGIN APPROPRIATING $577,140 FOR BIKEWAY ROUTE
4, SW QUADRANT FROM BOWES ROADBOWES CREEK BLVD (WEST LIMITS)TO
EAST ROAD/IL ROUTE 31 (EAST LIMITS)
WHEREAS,the City of Elgin endeavors to construct bikeway route 4, SW quadrant from
Bowes Road/Bowes Creek Blvd to East Avenue/IL Route 31, for a total length of approximately
5.8 miles and known to the Illinois Department of Transportation as Section Number 09-00176-
00-BT and State Job Number C-91-305-09; and
WHEREAS,the construction and construction engineering cost of said improvements has
necessitated the use of federal funds; and
WHEREAS,the City of Elgin received two million three hundred and eight thousand five
hundred fifty-nine and 00/100 dollars($2,308,559.00)in CMAQ federal funding through the Kane
County Council of Mayors for Phase III construction and construction engineering; and
WHEREAS,the federal fund source requires a match of local funds; and
WHEREAS, the use of federal funds requires a joint funding agreement (hereinafter
"AGREEMENT")with the Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of Elgin authorizes five hundred
seventy-seven thousand one hundred forth and 00/100 ($577,140.00) or as much of such sum as
may be needed to match federal funds in the completion of the aforementioned project known as
Section Number 09-00176-00-BT.
BE IT FURTHER RESOLVED that Mayor is hereby authorized and directed to execute
the above-mentioned AGREEMENT and any other such documents related to advancement and
completion of said project.
_s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 22, 2023
Adopted: February 22, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Ilinois Department Joint Funding Agreement for
Of Transportation State-Let Construction Work
Print Form Print With Instructions I Reset Form
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number
City of Elgin I Kane 09-00176-00-BT
Fund Type ITEP,SRTS, HSIP Number(s) MPO Name MPO TIP Number
CMAQ CMAP 09-09-0007
Construction
State Job Number Project Number
C-91-305-09 7FF8(480)
❑ Construction on State Letting ❑✓ Construction Engineering ❑ Utilities ❑ Railroad Work
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
Bowes Road FAU0528 1.65 mi 1996+24 2083+36
Location Termini
Bowes Creek Blvd to Randall Road
Current Jurisdiction Existing Structure Number(s) Add Location
Kane County n/a Remove
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
Randall Road FAP 0336 0.55 mi 2083+36 2112+40
Location Termini
Bowes Road to College Green Drive
Current Jurisdiction Existing Structure Number(s) Add Location
Kane County I n/a Remove
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
East Road FAU 0750 0.47 mi 0+00 24+82
Location Termini
Sports Way to IL 31
Current Jurisdiction Existing Structure Number(s) Add Location
City of Elgin I n/a Remove
PROJECT DESCRIPTION
The work consists of completion of curb & gutter and sidewalk repair; ADA ramps, HMA resurfacing; HMA
pavement widening; shared use path construction, storm sewers, HMA pavement patches, shared use path
patches, adjustment of drainage structures; parkway restoration; and other incidental and miscellaneous items of
work in accordance with the Plans, Standard Specifications, and these Special Provisions.
LOCAL PUBLIC AGENCY APPROPRIATION -REQUIRED FOR STATE LET CONTRACTS
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
Ilinois Department Joint Funding Agreement for
of Transportation State-Let Construction Work
Print Form Print With Instructions I Reset Form
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 )
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 Balance 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.
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.
THE LPA AGREES:
1. To acquire in its name,or in the name of the STATE if on the STATE highway system,all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,and established State policies and procedures. Prior to advertising for bids,the LPA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied.The disposition of encroachments, if any,will be cooperatively
determined by representatives of the LPA,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 during
construction of the proposed improvement.
4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be
accompanied by a location map). If the improvement location is currently under road district jurisdiction,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. To provide or cause to be provided all of the initial funding,equipment, labor, material,and services necessary to complete
locally administered portions of the project.
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
Ilinois partment De Joint Funding Agreement for
of Transportation State-Let Construction Work
Print Form Print With Instructions I Reset Form
locally administered portions of the project.
11. (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.
12. 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 anti-trust
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.
13. To include the certifications,listed in item 12 above,and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
14. 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.
15. That for agreements exceeding$100,000 in federal funds,execution of this agreement constitutes the LPA's certification that:
a. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of any agency,a member of congress,an officer or employee of
congress,or any employee of a member of congress in connection with the awarding of any federal contract,the making of
any cooperative agreement,and the extension,continuation, renewal,amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of congress,an officer or employee of congress or
an employee of a member of congress in connection with this federal contract,grant, loan,or cooperative agreement,the
undersigned shall complete and submit standard form-LLL,"Disclosure Form to Report Lobbying", in accordance with its
instructions.
C. The LPA shall require that the language of this certification be included in the award documents for all subawards
(including subcontracts,subgrants and contracts under grants,loans,and cooperative agreements),and that all subrecipients
shall certify and disclose accordingly
16. To regulate parking and traffic in accordance with the approved project report.
17. To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes.
18. To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
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. 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. To provide all initial funding and payments to the contractor for construction work let by the STATE.The LPA will be invoiced
for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown
on Addendum 2.
4. For agreements with federal and/or state funds in construction engineering, utility work and/or railroad 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
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
Ilinois Department Joint Funding Agreement for
of Transportafion State-Let Construction Work
Print Form Print With Instructions I Reset Form
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.
FISCAL RESPONSIBILITIES:
1. 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 summaries,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.
2. Financial Integrity Review and Evaluation(FIRE)program: LPA's and the STATE must justify continued federal
funding on inactive projects. 23 CFR 630.106(a)(5)defines an inactive project as a project which no expenditures have been
charged against Federal funds for the past twelve(12)months. To keep projects active, invoicing must occur a minimum of one
time within any given twelve(12)month period. However,to ensure adequate processing time,the first invoice shall be submitted
to the STATE within six(6)months of the federal authorization date. Subsequent invoices will be submitted in intervals not to
exceed six(6)months.
3. 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,whichever 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 for engineering projects.
4. 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 may be audited and approved for payment. If the deadline cannot
be met,a written explanation must be provided to the district prior to the end of the twelve(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.
5. Project End Date:The period of performance(end date)for state and federal obligation purposes 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.
6. Single Audit Requirements: 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(IDOT's 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. Federal funds utilized for
construction activities on projects let and awarded by the STATE(federal amounts shown as"Participating Construction"on
Addendum 2)are not Included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes..
7. Federal Registration: LPA's are 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:
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
llinois Department Joint Funding Agreement for
of Transportation State-Let Construction Work
Print Form Print With Instructions I Reset Form
8. Required Uniform Reporting: For work not included on a state letting,the Grant Accountability and Transparency Act(30
ILCS 708)requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly
using IDOT's BoBS 2832 form available on IDOT's web page under the"Resources"tab.Additional reporting frequency may be
required based upon specific conditions or legislation 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),"Granter 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: )
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
❑✓ 1. Location Map
❑✓ 2. Division of Cost
❑✓ 3. Resolution"
❑ 4.
"Appropriation and signature authority resolution must be in effect on,or prior to,the execution date of the agreement.
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
Illinois Department Joint Funding Agreement for
of Transportation State-Let Construction Work
Print Form Print With Instructions I Reset Form
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
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
Local Public Agency
Name of Official(Print or Type Name)
David J. Ka tain
Title of Official
Mayor
Signature Date
�e(,c 2/22/2023
The above signature certifies the agency's TIN number is
36-292952 conducting business as a Governmental Entity.
DUNS Number 01328329
UEI
APPROVED
State of Illinois
Department of Transportation
Omer Osman, P.E.,Secretary of Transportation Date
By:
George A.Tapas, P.E.,S.E., Engineer of Local Roads&Streets Date
Stephen M.Travia, P.E., Director of Highways PI/Chief Engineer Date
Yangsu Kim, Chief Counsel Date
Vicki Wilson,Chief Fiscal Officer Date
NOTE:A resolution authorizing the local official(or their delegate)to execute this agreement and appropriation of local funds is
required to be attached as an addendum.The resolution must be approved prior to,or concurrently with,the execution of this
agreement.If BLR 09110 or BLR 09120 are used to appropriate local matching funds,attach these forms to the
signature authorization resolution.
❑ Please check this box to open a fillable Resolution Form within this Addenda.
Printed 01/19/23 Page of BLR 05310C(Rev.03/31/22)
r '
AM"
' a& .....ON
. ''••....
I
WEST as
:'
x
LIMIT
y
LEGEND
........... EXISTING OFF-STREET PATH
ADDENDUM 1
NEW ON-STREET ROUTE PROJECT LOCATION MAP
NEW OFF-STREET PATH ELGIN BIKEWAY ROUTE 4
FOX RIVER TRAIL
ALTERNATIVE
BY OTHERS ELGIN, IL INOIS
ADDENDA NUMBER 2
Local Public Agency County Section Number State Job Number Project Number
ity C of Elgin Kane 09-00176-00-BT C-91-305-09 7FF8(480)
DIVISION OF COST
Federal Funds State Funds Local Public Agency
Type of Work Fund Type Amount % Fund Type Amount % Fund Type Amount % Totals
Construction Engineering CMAQ $218,416.00 80% Local $54,604.00 20% $273,020.00
Construction CMAQ $2,090,143.00 80% Local $522,536.00 20% $2,612,679.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total $2,308,559.00 Total $0.00 Total $577,140.00 $2,885,699.00
If funding is not a percentage of the total place an asterisk(')in the space provided for the percentage and explain below:
NOTE:The costs shown in the Division of Cost table are approximate and subject to change.The final LPA share is dependent on the final Federal and State participation.The actual
costs will be used in the final division of cost for billing and reimbursement.
Printed 01/19/23 Page of BLR 05310C(Rev.03/31122)