15-87 unsigned Resolution No. 15-87
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR
ROUTINE MAINTENANCE OF STATE ROUTES
WITHIN THE CITY LIMITS
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 an Intergovernmental
Agreement with Illinois Department of Transportation on behalf of the City of Elgin for routine
maintenance of state routes within the city limits,a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 10, 2015
Adopted: June 10, 2015
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
•
Illinois Department
of Transportation Intergovernmental Agreement
Governmental Body Name
City of Elgin
Address
1900 Holmes Road
City,State,Zip
Elgin. Illinois 60123
Remittance Address(if different from above)
City,State,Zip
Telephone Number Fax Number FEIN/TIN DUNS
(847) 931-5966 None 30-0002690-40 NA
Brief Description of Service(full description-specified in Part 5)
Routine maintenance of State routes.
Compensation Method(full details Agreement Term
specified in Part 6)
Lump Sum From: July 01, 2015 •
Total Compensation Amount Advance Pay ❑ Yes
$1,132,200 Estimate ® No To: June 30, 2025
REQUIRED SIGNATURES
By signing below, the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth
in Parts 1-8 herein and any Appendices thereto.
FOR THE GOVERNMENTAL BODY:
David J. Kaptain, Mayor P/ PA/no ` 06/10/2015
(Name and Title of Authorized Representative) (Signature o-lib zed esentative) Date
FOR THE DEPARTMENT:
Aaron A.Weatherholt,Deputy Director,Division of Highways Date William M.Barnes,Chief Counsel Date
(Approved as to form)
By:
Omer M.Osman,P.E., Director,Division of Highways&Chief Engineer Jim J.Ofcarcik,Interim Chief Financial Officer Date
Date: By:
By: Randall S.Blankenhom,Acting Secretary of Date
Transportation
By:
Print Name
Print Title
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INTERGOVERNMENTAL AGREEMENT
FOR
ROUTINE MAINTENANCE OF STATE ROUTES
This Agreement is by and between
City of Elgin
Please type or print legibly the GOVERNMENTAL BODY'S legal name and address
1900 Holmes Road
Elgin, IL 60123
Attn: Cyndy Fowler
Email: fowler c @ in.or
cityofelpp
hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation,
hereinafter called the DEPARTMENT.
Part 1 Scope/Compensation/Term
Part 2 General Provisions
Part 3 Federally Funded Agreements
Part 4 Specific Provisions
Part 5 Scope of Services/Responsibilities
Part 6 Compensation for Services
Part 7 Certification Regarding Lobbying
Part 8 Agreement Award Notification
PART 1
SCOPE/COMPENSATION/TERM
A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in
Part 5.
B. Compensation. Compensation (if any) shall be as specified in Part 6.
C. Term of Agreement. The term of this Agreement shall be from July 01,2015 to June 30, 2025.
D. Amendments. All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the
GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties.
E. Renewal. This Agreement may not be renewed.
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PART 2
GENERAL PROVISIONS
A. Changes. If any circumstance or condition in this Agreement changes, the GOVERNMENTAL BODY must
notify the DEPARTMENT in writing within seven days.
B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the
laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in
compliance with all applicable state and federal laws.
C. Availability of Appropriation.This Agreement is contingent upon and subject to the availability of funds.
The Department, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty
or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make
an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason, (2) the
Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s)
pursuant to power delegated to the Governor by the Illinois General Assembly; or(3) the Department determines,
in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based
upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure
of appropriation or of a reduction or decrease.
D. Records Inspection. The DEPARTMENT or a designated representative shall have access to the
GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the
GOVERNMENTAL BODY shall provide for such access and inspection.
E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three years after
the completion of the Agreement, adequate books, records and supporting documents to verify the amounts,
recipients and uses of all disbursements of funds passing in conjunction with the Agreement.
F. Cost Category Transfer Request. For all transfers between or among appropriated and allocated cost
categories, DEPARTMENT approval is required. To secure approval, the GOVERNMENTAL BODY must submit
a written request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the
transfer is to be made, and rational for the transfer.
G. Subcontracting/Procurement Procedures/Employment of Department Personnel
1. Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the
GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without
prior written consent of the DEPARTMENT.
2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with
any Federal funds that cost more than $3,000.00 but less than the simplified acquisition threshold fixed at
41 U.S.0 403(11), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate
quotations from an adequate number (at least three) of qualified sources. Procurement of products or
services with any Federal funds for $100,000 or more will require the GOVERNMENTAL BODY to use the
Invitation for Bid process or the Request for Proposal process. In the absence of formal codified
procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used, provided that
the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY
may only procure products or services from one source with any Federal funds if: (1) the products or •
services are available only from a single source; or(2) the DEPARTMENT authorizes such a procedure; or,
(3)after solicitation of a number of sources, competition is determined inadequate.
3. Procurement of Goods or Services — State Funds. For purchases of products or services with
any State of Illinois funds that cost more than $20,000.00, ($10,000.00 for professional and artistic
services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently
set at $50,000.00 and $20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall
obtain price or rate quotations from an adequate number (at least three) of qualified sources.
Procurement of products or services with any State of Illinois funds for$50,000.00 or more for goods and
services and $20,000.00 or more for professional and artistic services) will require the GOVERNMENTAL
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BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal
codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used.
The GOVERNMENTAL BODY may only procure products or services from one source with any State of
Illinois funds if: (1) the products or services are available only from a single source; or (2) the
DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is
determined inadequate.
The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the
contractor or consultant will comply with the requirements of this Agreement in performing such contract,
and that the contract is subject to the terms and conditions of this Agreement.
4. EMPLOYMENT OF DEPARTMENT PERSONNEL. The GOVERNMENTAL BODY will not employ any
person or persons that are employed by the DEPARTMENT for any work required by the terms of this
Agreement while they are still employed by the DEPARTMENT.
PART 3
FEDERALLY FUNDED AGREEMENTS
[Not applicable to this Agreement.]
PART 4
SPECIFIC PROVISIONS
A. Invoices. Invoices submitted by the GOVERNMENTAL BODY will be based on the approved annual
lump sum amount for completion of Part 5, Scope of Services and as described in Part 6, Compensation for
Services. Furthermore, if any of the deliverables in Part 5 are not satisfactorily completed as determined by the
DEPARTMENT, the DEPARTMENT will advise the municipality of the deficiencies to be corrected before
invoicing will be authorized.
Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall
be sent to the following address:
Illinois Department of Transportation
District 1,
Attn.: Operations Supervisor
38 W 027 Route 38
St. Charles, IL 60175
All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY.
B. Billing and Payment. All invoices for services performed and expenses incurred by the
GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than
July 31st of that same year for payment under this Agreement. Notwithstanding any other provision of this
Agreement, the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on
invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said
date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of
Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective
date of this Agreement. The DEPARTMENT will direct all payments to the GOVERNMENTAL BODY's remittance
address listed in this Agreement.
C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance or
believes that there has been a substantial decrease in the GOVERNMENTAL BODY'S performance, the
DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within
seven (7) calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate
the Agreement by giving seven (7) days written notice to the GOVERNMENTAL BODY. Additionally, the
DEPARTMENT or the GOVERNMENTAL BODY may terminate the Agreement by giving the other party ninety
(90) days written notice.
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In either instance, the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work
performed prior to the date of termination, based upon the payment terms set forth in the Agreement.
D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as
described in Part 5.
E. Ownership of Documents/Title to Work. [Not Applicable To This Agreement]
F. Software. [Not Applicable To This Agreement]
G. Confidentiality Clause. Any documents, data, records, or other information given to or prepared by the
GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or
organization without prior written approval by the DEPARTMENT. All information secured by the
GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to
this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the
DEPARTMENT.
H. Reporting/Consultation. The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT
fully informed as to the progress of all matters covered by this Agreement.
I. Travel Expenses. Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement.
J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless
and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses,
damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or
in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the
GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and
subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees,
incurred by the DEPARTMENT and its officials, employees and agents in connection therewith.
GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party
action, suit or proceeding ("Claim") against the DEPARTMENT to the extent such Claim is based upon an
allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or
copyright or misappropriates a third party's trade secret.
K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL
BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment
opportunity, refraining from unlawful discrimination and having a written sexual harassment policy.
L. Tax Identification Number.
GOVERNMENTAL BODY certifies that:
1. The number shown on this form is a correct taxpayer identification number (or it is
waiting for a number to be issued.), and
2. It is not subject to backup withholding because: (a) it is exempt from backup withholding,
or (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to
backup withholding as a result of a failure to report all interest or dividends, or (c) the
IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup
withholding, and •
3. It is a U.S. entity (including a U.S. resident alien).
NAME OF GOVERNMENTAL BODY: City of Elgin
Taxpayer Identification Number: 30-0002690-40
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Legal Status (check one):
❑ Tax-exempt ® Government
❑ Nonresident Alien ❑ Other
M. International Boycott. The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY
nor any subs tantially owned affiliate is participating or shall participate in an international boycott in violation of the
U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This
applies to contracts that exceed $10,000 (30 ILCS 582).
N. Forced Labor. The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods
from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the
DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or
indentured labor under penal sanction (30 ILCS 583).
PART 5
SCOPE OF SERVICE/RESPONSIBILITIES
A. The GOVERNMENTAL BODY agrees to operate and maintain specific portions of the State Highway
system that are currently under the DEPARTMENTS jurisdiction, specifically the portions of that
system located within the GOVERNMENTAL BODY's boundary as shown in Attachment A:
This maintenance location listing may be modified as appropriate and mutually agreed to by both
parties. Such modification shall be reduced to writing and must be approved by the Regional Engineer or
his or her designee on behalf of IDOT and by David J. Kaptain on behalf of the Governmental
Body. It is understood these modifications may result in a modification to the total payments under this
agreement. However, the parties hereby agree that a formal amendment to the agreement is not
necessary to modify the locations nor is a formal amendment necessary to modify a change in cost
associated with the change in locations provided the change in amount of total payments is less than
10°/Q.
B. Maintenance Requirements. The GOVERNMENTAL BODY's maintenance responsibilities include,
but are not limited to the following routine services, as necessary:
• routine surface and pothole repairs
• temporary full depth patching;
• removing expansion bumps on bituminous surfaces;
• sealing cracks and joints;
• cleaning;
• picking up litter;
• controlling snow and ice; and
• all other routine operational services.
Note: Median maintenance, when applicable, includes the following:
• sweeping;
• picking up litter;
• mowing; and
• repairing surface.
C. Responsibilities. The GOVERNMENTAL BODY agrees to the following:
• must obtain written approval from the DEPARTMENT before cutting or opening the curb or the
pavement of any highway, which is covered in this AGREEMENT;
• must undertake all measures, including notifying the DEPARTMENT of the need for legal action,
to require utility owners or permit holders to adjust, maintain, repair, and restore all pavement
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cuts, curb openings, utility frames, municipal frames, grates, and covers that are disturbed by
settlement, construction, or repair;
• must notify the DEPARTMENT of the need to inform utility owners or permit holders to pay all
costs of adjustment, maintenance, repair and restoration;
• must ensure that the work adheres to all applicable laws, rules and regulations, as well as the
DEPARTMENT's standards (the most recent edition of Standard Specifications for Road and
Bridge Construction, and subsequent updates); and
• must request and obtain written approval from the DEPARTMENT's Regional Engineer or his
designee before doing any extra work not specifically identified in this AGREEMENT.
PART 6
COMPENSATION FOR SERVICES
A. Funding: State Funds (Appropriation Code: 011-49405-4472-0200) $1,132,200 (Estimate) 100% Share
B. Terms and Conditions:
1. GOVERNMENTAL BODY agrees that total payment for each fiscal year from 2016 through 2025
must not exceed the previous year's total payment plus cost adjustment. [Cost adjustment means the
previous year's total payment x%change of the Construction Cost Index, which is published in the
Engineering News Record (January edition for each year)]. Payment for the cost of approved extra
work will be added to the total funding as provided in Part 5, last paragraph;
2. The DEPARTMENT will calculate the compensation for services according to the DEPARTMENT's
Bureau of Operations Maintenance Policy Manual, Section 11-800.2.4 Rate of Compensation; and
Section 11-800.2.5 Empirical Formula—Municipal Maintenance of State Highways, and send an
annual letter to the GOVERNMENTAL BODY notifying it of the new annual Lump Sum approved
amount according to the attached Computation Sheet— Municipal Maintenance (Attachment A) under
the conditions stated in Section B.1 above;
3. The GOVERNMENTAL BODY must submit an invoice voucher every 3 months (quarterly), based on
the approved annual Lump Sum amount; and
4. The DEPARTMENT will pay the GOVERNMENTAL BODY's quarterly invoice vouchers on or about
September 30, December 31, March 31, and June 30 of each fiscal year, subject to the
DEPARTMENT's inspection for satisfactory operation and maintenance of covered streets.
PART 7
CERTIFICATION REGARDING LOBBYING
(49 CFR PART 20)
[NOT APPLICABLE TO THIS AGREEMENT]
PART 8
AGREEMENT AWARD NOTIFICATION
REQUIRED FOR ALL PROJECTS
Does this project receive Federal funds? ❑ Yes ® No
Amount of Federal funds: None
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Federal Project Number: NA
Name of Project: State Routes Maintenance Agreement
CFDA Number*, Federal Agency, Program Title: NA
*For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant
Agreement.
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