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18-102 Certified 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. 18-102 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO EXTEND #2, AN AFFIDAVIT TO EXTEND/LOCAL AGENCY, MODIFICATION AFFIDAVIT AND AN AFFIDAVIT OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO REVISE THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I PROJECT adopted by the Elgin City Council at its legally convened meeting held on September 26, 2018. 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 October 3, 2018. Kimberly De , City Clerk This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 18-102 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO EXTEND #2, AN AFFIDAVIT TO EXTEND/LOCAL AGENCY, MODIFICATION AFFIDAVIT AND AN AFFIDAVIT OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO REVISE THE ENDING DATE IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE I 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 an Amendment to Extend #2, an Affidavit to Extend/Local Agency, Modification Affidavit and an Affidavit of Intent with the Illinois Department of Transportation to revise the ending date in connection with the Elgin Bikeway Route 4 Phase I Project, job number 09-00176-00-BT, project number CMM-9003 (234), copies of which are attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2018 Adopted: September 26, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT TO EXTEND #2 Local Agency: City of Elgin Address: 150 Dexter Court Elgin,IL 60120 Obligation: AL10251 Job: P-91-305-09 Submitting Agency: Department of Transportation Division: Bureau of Local Roads Address: 2300 South Dirksen Parkway Springfield,IL. 62764 Whereas it is necessary to revise the estimated ending date for completion of the subject agreement for reimbursement to the Local Agency, and thereby the obligation end date, It is mutually agreed that the revised ending date be extended to November 6, 2019, making the term of this agreement November 6,2009 to November 6,2019. All remaining provisions of the original agreement or prior amendments are not altered by this amendment. David J. Kaptain Name of Official (Print or Typed Name) Mayor Title (County Board Chai erson/MayorNillage President, etc.) September 26, 2018 ignature Date Randall Blankenhorn, Acting Secretary of Transportation Date By: Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways Date AFFIDAVIT TO EXTEND/LOCAL AGENCY Local Agency: City of Elgin Address: 150 Dexter Court Elgin,IL 60120 Obligation: AL10251 Job: P-91-305-09 Submitting Agency: Department of Transportation Division: Bureau of Local Roads Address: 2300 South Dirksen Parkway Springfield, IL. 62764 1, David J. Kaptain,Mayor, City of Elgin,hereby state the following: We concur with the request to extend the term of the subject agreement for reimbursement to the Local Agency for costs incurred for work performed. All work performed is within the terms of the work specified in the agreement. The Department and the Local Agency agreed to the modification prior to the ending date of the agreement but failed to reduce it to writing prior to the ending date because the project has been delayed due to right- of-way owned by a third party not being available for use for the Elgin Bikeway Route 4. Subsequently, the contract needs to be extended to accommodate the new design for a portion of the path. At the time the agreement was effective,the Local Agency anticipated that the state would extend the term of the agreement until the work was completed since this work is required to be performed for the Department of Transportation on behalf of the State of Illinois. I know and understand the contents of this Affidavit, and all statements herein are true and correct to the best of my knowledge. Affiant: September 26, 2018 (Name) (Date) Subscribed and sworn before me this 26 day of September , 2011,8.__ AA Nof&ry Public EKIM"M� FICIAL SEAL OEWIS My Commission Expires: lic-State of Illinois n Expires Feb 26,2010 MODIFICATION AFFIDAVIT Vendor: City of Elgin Address: 150 Dexter Court Elgin,IL 60120 Obligation: AL10252 Job: P-91-305-09 Submitting Agency: Department of Transportation Division: Bureau of Local Roads Address: 2300 South Dirksen Parkway Springfield,IL. 62764 1, David J. Kaptain, Mayor, of the City of Elgin ("Vendor") hereby state the following: We concur with the request to extend the term of the subject agreement for reimbursement to the Local Agency for costs incurred for work performed. All work performed is within the terms of the work specified in the agreement. At the time the agreement was effective,the Local Agency anticipated that the state would extend the term of the agreement until the work was completed since this work is required to be performed for the Department of Transportation on behalf of the State of Illinois. The final documentation has now been provided to the City Comptroller's Office. We ask that an extension of time be granted until November 6, 2019 to allow for the project closeout to be completed. This contract needs to be extended beyond the original contract end date and this orginal end date was in FY 17 while the signatures authrotizing this extention were in FYI 8. David J.Kaptain,Mayor signed the contract extension on this date: September 26, 2018 The Department of Transportation (IDOT) obtained the necessary signatures for the contract on this date: Affiant: Name: David J. Kaptain, Mayor Date: September 26, 2018 Subscribed and sworn before me this 26 ofSeptember201 g. 0z Aaal"s 91-J,4 Wzl&ex L N ry Public My Commission Expires: OFFICIAL SEAL / KIMBERLY A DEWIS (Se4}tary public-State of Illinois My Commission Expires Feb 26,2019 Niinois Department Of Transportation Affidavit of Intent Submitting Agency: City of Elgin Division: Engineering Address: 150 Dexter Court Elgin, IL 60120 Consultant: TranSystems Address: 222 S. Riverside Plaza Suite 610 Chicago, IL 60614 PTB Number: N/A Expired in Fiscal Year: N/A State of Illinois ) ) SS County of Kane ) I, David J. Kaptain being duly sworn, solemnly(swear) (affirm)that: I am Mayor Both parties agreed to extend the contract Title before expiration , but the contract was not extended within the limits of the original contract because: the project has been delayed due to right-of-way owned by a third party not being available for use for the Elgin Bikeway Route 4. Subsequently, the contract needs to be extended to accommodate the new design for a portion of the path. I am duly authorized to make this affidavit. This affidavit is made pursuant to and in fulfillment of the requirements of Section 20-80(c) of the Illinois Procurement Code 30 ILCS 500/20-80. 1 know and understand the contents of this affidavit, and all statements her re true d r ec Tilhaturo6f Affiant Subscribed and sworn before me this 26 day of eptember 2018 NdWy Public (Seal) OFFICIAL SEAL My Commission Expires: KIMBERLY A DEWIS Notary Public-State of Illinois a I a(.t / t 9 My Commission Expires Feb 26,2019 Printed 9/7/2018 BDE 423(08/08/11)