06-114 Resolution No. 06-114
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT
WITH DOT FOR FEDERAL PARTICIPATION IN RIGHT-OF-WAY ACQUISITION
FOR THE WING/STATE INTERSECTION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute a Local Agency
Agreement on behalf of the City of Elgin with IDOT regarding federal participation in right-of-way
acquisition for the Wing/State Intersection Project, a copy of which is attached hereto and made a
part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 24, 2006
Adopted: May 24, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
�0 OF f�Ci
G' City of Elgin
January 29, 2009
RE: Resolution No. 06-114
Agreement with Illinois Department of Transportation for federal participation in ROW
acquisition for the Wing/State Intersection Project
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
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r Agreement Provisions
THE LA AGREES:
(1) To acquire in its name, or in the name of the state if on the state highway system,all right-of-way necessary for this project in
raccordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be
cooperatively determined by representatives of the LA,and STATE and the FHWA, if required.
(2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required.
(5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA,the completed improvement,or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to
provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this
section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement;
(9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA;
elk,
(1 (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 I-A's obligation(including
any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs.
Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the
LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total
cost,multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
ribk Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
Page 2 of 4 BLR 05310(Rev. 1/06)
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_T
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
(Pk (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings,provided said billings contain sufficient
cost information and show evidence of payment by the LA.
(b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel,cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties,their successors and assigns.
(3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and
performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by
USDOT,is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program,the department may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence
of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further
payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the,work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its
application.
ADDENDA
Proal information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Map
(Insert addendum numbers and titles as applicable)
The LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Olufemi Folarin Department of Transportation
Title City Manager
County Board Chairperson/MayorNillage President/etc. Timothy W.Martin,Secretary
Signature Date
Date
By:
Milton R.Sees,Director of Highways/Chief Highway Engineer
TIN Number
NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen Schanzle-Haskins,Chief Counsel
said appointed official to execute this agreement is required.
Ann Sundeen,Director of Finance and Administration
Page 4 of 4 BLR 05310(Rev. 1/06)
Printed on 4/18/2006 4:56:08 PM