03-250 Resolution No. 03-250
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE
ILLINOIS ROUTE 31 AND WING STREET IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and
directed to execute a Local Agency Agreement on behalf of the City
of Elgin with the Illinois Department of Transportation for the
Illinois Route 31 and Wing Street Improvement Project, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 24 , 2003
Adopted: September 24 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
{
Local Agency Section
Illinois Department
Elgin (c) of Transportation 96-00159-00-CH
Local Agency Agreement Fund Type
for Federal Participation STU
State Contract Day Labor Local Contract RR Force Account
X
This Agreement is made and entered into between the above local agency(LA)and the state of Illinois, acting by and through its
Department of Transportation,hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as
shown below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and
procedures approved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA.
Location
Local Name Illinois Route 31 (State Street) Route FAU 3887 Length 0.39 miles
Termini at Wing Street
Current Jurisdiction Local
Project Description Existing Str. No. N/A
All preliminary engineering (Phase II)for widening and resurfacing.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction ( ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering 85,500 ( 50 )
( ) 85,500 ( 50 ) 171,000
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL $ 85,500 $ $ 85,500.00 $ 171,000
NOTE: The above costs are approximate and subject to change. The final LA share is dependent upon the final Federal and State
participation. The actual costs will be used in the final division of cost for billing and reimbursement. If funding is not a percentage of the
total,place an asterisk in the space provided for the percentage and explain below. The Federal share of construction engineering may not
exceed 15%of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated,if required,to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A---Lump Sum (95%of LA Obligation)
METHOD B--- Monthly Payments of
METHOD C---LA's Share divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
D-91-031-00 M-7003(960)
Page 1
IL 494-0327 BLR 4251 (Rev.4/02)
Agreement Provisions
THE LOCAL AGENCY AGREES:
(1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be
cooperatively determined by representatives of the LA,and STATE and the FHWA,if required.
(2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities, public and
private,in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during
construction of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement,or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents
to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and
all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General
and the department; and the LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General and the
department;and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE
under the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement;
(9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA;
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump
sum,an amount equal to 95%of the LA's estimated obligation incurred under this Agreement,and will pay to
the STATE the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum,upon
completion of the project based upon final costs.
Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified
amount each month for an estimated period of months,or until 95%of the LA's estimated obligation under the
provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation
(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs.
Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this
improvement,the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided
by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)
made to the contractor until the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor,material and
services necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
Local Agency Section
Elgin (c) 96-00159-00-CH
Page 2
BLR 4251 (Rev.4/02)
8
(14) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency:
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a
public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false
statements receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,local)with
commission of any of the offenses enumerated in item(b)of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State,local)
terminated for cause or default.
(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 LOCAL AGENCY'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 LOCAL AGENCY'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 LOCAL AGENCY shall require that the language of this certification be included in the award documents for all
subawards at all ties(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and
that all subrecipients shall certify and disclose accordingly.
(18) To regulate parking and traffic in accordance with the approved project report.
(19) To regulate encroachments on public right-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 current Illinois Compiled Statutes.
THE STATE AGREES:
(1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure
validity of the LA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE(and FHWA,if required)and to award a contract for construction of the proposed improvement,after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (LOCAL Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way,utility work and/or
construction work:
(a) To reimburse the LOCAL AGENCY for the Federal and/or State share on the basis of periodic billings, provided said.billings
contain sufficient cost information and show evidence of payment by the LOCAL AGENCY.
(b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate,structural steel and other materials customarily tested by the STATE.
Local Agency Section
Elgin (c) 96-00159-00-CH
Page 3
IL 494-0327 BLR 4251 (Rev.4/02)
IT IS MUTUALLY AGREED:
(1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties,their successors and assigns.
(3) For contracts awarded by the LOCAL AGENCY,the LOCAL AGENCY 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 LOCAL AGENCY 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 LOCAL AGENCY's DBE program,
as required by 49 CFR part 26 and as approved by USDOT,is incorporated by reference in this Agreement. Upon notification to
the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26
and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986(31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LOCAL AGENCY DBE Program or on State
awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged
Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LOCAL AGENCY,obligations of the STATE shall cease immediately without penalty
or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
(Insert addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name gC-/F O C Department of Transportation
Title m,4 cj a R. By
County Board Chairper n/MayorNillage President/etc. Director of Highways
Signature ;/�/ / Date
Date 6t'd4"L■ 3, 09 O n 3
NOTE: If signature is by an APPOINTED official,a resolution
authorizing said appointed official to execute this agreement
is required.
Local Agency
Elgin (c)
Section
96-00159-00-CH
S:\Gen\Wp2\Agrmts&Related Corr\Elgin\96-00159-00-CH\BLR4251-ILRoute3I-PE2.doc
Page 4
BLR 4251 (Rev.4/02)
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\'y City of Elgin Agenda Item No.
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TO: Mayor and Members of the City Council FINANCIALLVSTABLECITVCaOVERNMENT
EFFK IEN7 SERVK ES,
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AND OUAUTY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager �"�`'"1
John M. Loete, Public Works Director
SUBJECT: Joint Agreement with Illinois Department of
Transportation for Illinois Route 31 and Wing Street
Improvements - Phase II Engineering
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
r authorization of a joint agreement with the Illinois Department
of Transportation for the Phase II (final) engineering of the
Wing Street/State Street intersection improvements .
BACKGROUND
In 1995 the City of Elgin applied for the Surface Transportation
Program (STP) funds via the Council of Mayors for the
improvements to the Wing Street/State Street intersection. The
Council of Mayors manages the project programming for the STP
which is a Federal program for which the State has oversite
responsibilities. The Council of Mayors programmed the Phase II
engineering for the subject project in 2003, whereas the City
budgeted funds in 2000 . The project was funded within the
Surface Transportation Program for one half the Phase II (final)
engineering costs . The Phase II (final) engineering costs, per
a separate agreement with R. H. Anderson, are $170, 695 . The
joint agreement requires a resolution defining the funds the
City has committed to the project .
A standard IDOT "Local Agency Agreement for Federal
Participation" is attached. For accounting purposes, the State
rounded the final engineering costs to $171, 000 . The attached
€ agreement includes provisions, for the City to be reimbursed one
half of the final engineering costs or $85, 500 . The agreement
Joint Agreement W/ IDOT - Wing and Route 31
febk September 5, 2003
Page 2
also includes provisions that the local agency, the City, must
comply with in order to receive the reimbursement . The required
provisions are typical for projects with Federal funding and
will be met by the City and the consultant .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
19/1&-11
FINANCIAL IMPACT
e agreement with the IDOT provides for a 50% reimbursement of
engineering costs associated with this project . The City will
pay the consultant, R. H. Anderson, as they complete the final
engineering and request a lump sum reimbursement upon State
approval of the final engineering. The financial impact of this
agreement is that the City will receive a reimbursement of
$85, 500 from the State .
ricoolEGAL IMPACT
None
ALTERNATIVES
1 . Reject the joint agreement and pay 100% of the final
engineering.
2 . Accept the joint agreement .
RECOMMENDATION
It is recommended that City Council authorize staff to execute
the joint agreement with the Illinois Department of
Transportation for the Phase II (final) engineering of the
improvements to the Wing Street/State Street intersection.
Respectfully submitted for Council consideration.
(do)
Attachments
(Pik