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Resolution 2015-08 Resolution No. 2015-QD A RESOLUTION APPROVING A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION BETWEEN THE UNITED CITY OF YORKVILLE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION Illinois Route 47 ITEP Project TE-OOD3(087) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, - WHEREAS, the City desires to enter into a Local Agency Agreement for Federal Participation with the State of Illinois through its Department of Transportation that will provide approximately $432,098.00 for roadway improvements on Illinois Route 47 from School House Road to Somonauk Street; and, WHEREAS, the Illinois Department of Transportation has proposed a Local Agency Agreement that will establish the cost sharing for this project with the City's local share being $184,352.00; and, WHEREAS, the City to indicate the availability of funding for this project shall set aside those funds necessary from its Citywide Capital Fund and from the special tax allocation fund established for the Yorkville Downtown Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Local Agency Agreement for Federal Participation for Job Number C-93-012-15 Project Number TE-OOD3(087), and Section 13-00043-00-LS, that is attached hereto and made a part hereof by reference as Exhibit A, between the State of Illinois acting by and through its Department of Transportation and the City be and is hereby approved and that Mayor Gary J. Golinski is hereby authorized to execute said Agreement on behalf of the City. Section 2. That the City hereby appropriates from its Citywide Capital Fund and from the special tax allocation fund established for the Yorkville Downtown Redevelopment Project Area the City's local share of the project costs in the amount of$184,352.00 and any additional funds that may be required. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Resolution No. 2015-0 8 Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this oc,v day of /O/z , 2015. CITY CLERK 1 � CARLO COLOSIMO KEN KOCH yx JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ag day of MAY , 2015. M OR Attest, City Clerk Resolution No.2015-08 Page 2 Ends Department Local Agency State Contract Day Labor Local Contract RR Force Account �j of Tramsportatlon Yorkville, City of x Local Agency Agreement Section Fund Type ITEP and/or SRTS Number for Federal Participation 13-00043-00-LS ITEP 320010 Construction Enclin eerin Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number C-93-012-15 TE-001313(087) This Agreement is made and entered into between the above local agency hereinafter referred to as the"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 described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA'. Location Local Name RT 47/Bridge St Route FAP 326 Length 0.98Mi Termini School House Road to Somonauk Street Current Jurisdiction State of IL TIP Number 09-13-0016 Existing Structure No Project Description Project consists of installing roadway and bridge lighting which includes installing wiring in existing conduit, installing lighting units on existing foundations, removing existing and installing new lighting units ona bridge parapet wall. Division of Cost Type of Work ITEP % % LA. % Total Participating Construction 288,640 ( 80 ) ( ) 72,160 ( BAL ) 360,800 Participating Construction 101,770 ( 50 ) ( ) 101,770 ( BA: ) 203,540 Preliminary Engineering ( ) ( ) ( ) Construction Engineering 41,688 ( 80 ) ( ) 10,422 ( BAL ) 52,110 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 432,098* $ $ 184,352 $ 616,450 *STE-Total fund NTE$432,098. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA 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 reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement,the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing(State Contract Work) METHOD A---Lump Sum (80%of LA Obligation) METHOD B-- Monthly Payments of due by the of each successive month. METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 5/12/2015 Page 1 of 5 BLR 05310(Rev. 10/06/14) 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 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 Otility 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. (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 within thirty(30) calendar days of billing, in lump sum,an amount equal to 80%of the LA's estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) within thirty(30) calendar days of billing 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 80%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 within thirty(30)calendar days of reciept,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. 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 LA on this or any other contract. The STATE,at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller's Offset System(30 ILCS 105/10.05)or take such other and further action as my be required to recover the debt. (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. Printed on 5/12/2015 Page 2 of 5 BLR 05310(Rev. 10/06/14) (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. 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. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) 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. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA'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 LA 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. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 5/12/2015 Page 3 of 5 BLR 05310(Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section,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 LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)),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: https://www.sam..qov/portal/public/SAM/#l. 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 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) 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. (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 or the contract covering the construction work contemplated herein is not awarded within three years 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 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. (5) 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. (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 seg.)unless the provisions of that Act exempt its application Printed on 5/12/2015 Page 4 of 5 BLR 05310(Rev. 10/06/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1-Location Map Number 2—Local Appropriation Resolution (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 exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation C;>A PY J . ©t_1�15►� yNaame of Official (Print or Type Name) Erica J.Borggren,Acting Secretary Date 1�'(A 7 0 9 By: Title (County Board Chairperson/Mayor/Village Presidentletc.) Aaron A.Weatherholt,Deputy Director of Highways Date r ��a�f Omer Osman,Director of Highways/Chief Engineer Date ( ignature) Date The above signature certifies the agency's TIN number is Michael A. Forti,Chief Counsel Date 36.600(DI(oq conducting business as a Governmental Entity. DUNS Number 11Q S g a l 7 3 Tony Small,Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed on 5/12/2015 Page 5 of 5 BLR 05310(Rev. 10/06/14) ADDENDA Additional Information and/or stipulations are hereby attached and identified below as being a part of this Agreement dumber f-Locadn Adam AftwW 2—Lacat,4nnMndalm Rewftifi rt. (lasso addendum numbers and Wes as appficabie) The LA further agrees,as a condition of payment that it accepts and vAN comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED I ocat Agency ( /�? APPROVED C-7 A ay GO L j U-SK I State of Illinois.Department of Transportation Nam/d Official (Print or Type Norms) A 7OK S. Secretary Dab (County Hoard Cluk"rsorWayodVillags Presider*W-) AMI �'��'I S cr t /S {signature} cue OMdrC&rdV4 Engineer date 6 The above signature certiffes the agency's TIN number is v= "Um Ba conducting business as a Governments! as '- Entity. okwck or Cidd FMnundal Mw(CFO) Dais DUNS Number /la 3961 R'7 3 NOT : If signature is by an APPOINTED official,a resolution authorizing said appointed official m execute this agreement is required. 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