HomeMy WebLinkAboutResolution 2026-071Resolution No. 2026-71
A RESOLUTION AUTHORIZING THE CITY'S SHARE OF PRELIMINARY AND
DESIGN ENGINEERING COSTS FOR THE ROADWAY IMPROVEMENT OF
GAME FARM ROAD AND W. SOMONAUK STREET
United City of Yorkville
Location: Game Farm Road & W. Somonauk Street
Section No.: 25-00055-00-RS
Job No.: D-93-073-26
WHEREAS, the City endeavors to improve Game Farm Road and W. Somonauk Street
from US Route 34 to Illinois Route 47 (Bridge Street) that is approximately 0.95 miles in length
and known to the Illinois Department of Transportation as Section Number 25-00055-00-RS and
State Job Number D-93-073-26.
WHEREAS, the cost of said improvement has necessitated the need for the use of state
funds.
WHEREAS, the use of state funds requires a joint funding agreement (AGREEMENT)
with the Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the United City of Yorkville authorizes
any expenditure for preliminary and design engineering costs in excess of $127,000 in the
completion of aforementioned project known as Section Number 25-00055-00-RS.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute the above -mentioned AGREEMENT and any other such documents related to
advancement and completion of said project.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
25"' day of August, A.D. 2026.
TY CLERK
KEN KOCH
AYE
DAN TRANSIER
ABSENT
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY CORNEILS
AYE
RUSTY HYETT
AYE
Resolution No. 2026-71
Page 1
4PPROVED by me, as Mayor of the United City of Yorkville, ndall County, Illinois
this day of LAST , A.D. 2026.
MAYOR
Attest:
C Y CLERK
Resolution No. 2026-71
Page 2
Illinois Department
of Transportation
Joint Funding Agreement for
State Participation
❑x State Participation ❑ Economic Development Program ❑ Truck Access Route Program (TARP)
LOCAL PUBLIC AGENCY
Local Public Agency Coun Section Number
Yorkville �Kendall 25-00055-00-RS
Construction Engineering Right -of -Way
State Job Number State Job Number State Job Number
NIA D-93-073-26 NIA
LOCATION
Stationing
Local Street/Road Name
Key Route
Len ih
From To
Game Farm RD
FAU 1550
0.71
0.00 0.71
Location Termini
US Route 34 to Somonauk ST
Current Jurisdiction
Existing
Structure Numbers Add Location
Yorkville
NIA
Remove
Stationing
Local StreettRoad Name
Key Route
Len th
From To
Somonauk ST
FFAU1550
0.24
0.71 0.95
Location Termini
Game Farm RD to ILL 47
Current Jurisdiction
Existing
Structure Numbers Add Location
Yorkville
[N/A
Remove
Phase 2 PE of a standard overlay.
PROJECT DESCRIPTION
Page 1 of 7 BLR 05310S (Rev. 05/09/24)
Construction Engineering Right -of -Way
Local Public Agency Section Number State Job Number State Job Number State Job Number
Yorkville 25-00055-00-RS I NIA D-93-073-26 NIA
This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of
Illinois acting by and through its Department of Transportation, herein referred to as the "STATE". The STATE and LPA joint proposes to
improve the designated location as described in the Location and Project Description sections of this Agreement. The improvement shall
be developed and constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the
STATE's Motor Fuel Tax policies and procedures.
L GENERAL
1.1 Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of
sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment
being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the
STATE funding source, (ii) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not
or may not be available for payment. The STATE shall provide notice, in writing to LPA of any such funding failure and its election
to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be
effective upon the date of the written notice unless otherwise indicated.
1.2 Domestic Steel Requirement. 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.
1.3. Severability. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby.
1.4. Termination. This Agreement may be terminated, in whole or in part, by either Parry for any or no reason upon thirty (30)
calendar days' prior written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such
termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in
the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for
which the funding award was made, the STATE may terminate the Agreement in its entirety.
This Agreement may be terminated, in whole or in part, by the STATE without advance notice:
a. Pursuant to a funding failure as provided under Article 1.1
b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any
applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award.
II. REQUIRED CERTIFICATIONS
This Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all
applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license
requirements or professional certification provisions.
2.1 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to
bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30
ILCS 500150-5).
2.2 Bid Rigging. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a
violation of Paragraph 33E-3 or 33E-f of the Criminal Code of 1961 (720 ILCS 5133E-3 or 720 ILCS 5133E-4, respectively).
2.3 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because LPA, or its
affiliate(s), is/are delinquent in the payment of any debt to the State, unless LPA, or its affiliate(s), has/have entered into a
deferred payment plan to pay off the debt, and the LPA acknowledges STATE may declare the Agreement void if the certification
is false (30 ILCS 500150-11).
2.4 Debarment. The LPA certifies to the best of its knowledge and belief that it's 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 anti-trust
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.
2.5 Construction of Fixed Works. The LPA certifies that all Programs for the construction of fixed works which are financed in
whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.)
unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the
Page 2 of 7 BLR 05310S (Rev. 05/09/24)
Construction Engineering Right -of -Way
Local Public Agency Section Number State Job Number State Job Number State Job Number
Yorkville 25-00055-00-R5 NIA D-93-073-26 NIA
ments of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the
effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and
mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the
faithful performance of such prevailing wage clause as provided by contract.
2.6 Criminal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted has been
convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953,
or at least five (5) years have passed since the date of conviction. The LPA further certifies that it is not barred from receiving an
funding award under 30 ILCS 500150-10.5 and acknowledges that STATE shall declare the Agreement void if this certification is
false (30 ILCS 500150-10.5).
2.7 Improper influence. The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person
for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois
General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or
Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the
entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any
agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, the LPA certifies that it has filed the required
certification under the Byrd Anti -Lobbying Amendment (31 USC 1352), if applicable.
2.8 Telecom Prohibition. The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act
(NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced provided by the
following companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies
Company, Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as
substantial or essential component or any system, or as critical technology as part of any system.
2.9 Personal Conflict of Interest - (50 ILCS 10513, 65 ILCS 513.1-55-10, 65 ILCS 514-8-6) The LPA certifies that it shall maintain a
written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents
engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no
employee, officer, board member or agent of the LPA may participate in the selection, award, or administration of a contract
supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when
any of the parties set forth below has a financial or other interest in the firm selected for award:
a. the employee, officer, board member, or agent;
b. any member of his or her immediate family;
c. his or her partner; or
d. an organization which employs, or is about to employ, any of the above.
The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year.
The code shall also provide that LPA's employees, officers, board members, or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The STATE may waive
the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not
participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the
officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or personal gain.
2.10 Organizational Conflict of Interest. The LPA certifies that it will also prevent any real or apparent organizational conflict of
interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party
contract or subcontract may, without some restriction future activities, result in an unfair competitive advantage to the third party
III. AUDIT AND RECORD RETENTION
3.1 STATE Audits. The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5,
the Illinois State Auditing Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes.
The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit, the
STATE's independent audit, or as a result of any duly authorized inspection or review.
3.2 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate
books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in
conjunction with this contract. If any litigation, claim or audit is started before the expiration of the retention period, the records
must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken.
3.3 Accessibility of Records. The LPA shall make books, records, related papers, supporting documentation and personnel
relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General, Illinois Attorney General,
any Executive Inspector General, the STATE's Inspector General, and any other person as may be authorized by the STATE
(including auditors), by the State of Illinois. The LPA shall cooperate fully in any such audit or inquiry.
3.4 Failure to maintain the books and records. Failure to maintain the books, records and supporting documents required by this
section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this
Page 3 of 7 BLR 05310S (Rev. 05109/24)
Construction
Engineering
Right -of -Way
Local Public Agency Section Number
State Job Number
State Job Number
State Job Number
Yorkville
25-00055-00-RS
NIA
D-93-073-26
NIA
tract.
IV. LPA FISCAL RESPONSIBILITIES
4.1 To provide all initial funding and payment for work specified under this Agreement.
4.2 Reimbursement Requests. For reimbursement requests the LPA will submit supporting documentation with each invoice.
Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor
receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the
requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to
the STATE will be submitted with sequential invoice numbers by project.
LPA's must justify continued funding on inactive projects. An inactive project is defined as a project with no expenditures for the
past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12)
months period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6)
months of the date of execution of this Agreement. Subsequent invoices will be submitted in intervals not to exceed six (6)
months.
4.3 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting
documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work
or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most
recent invoice may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment
Record) is required to be submitted with the final invoice for engineering projects.
4.4 Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of
the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be
met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and
thew anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed.
Failure to follow this process may result in the immediate closeout of the project and loss of further funding.
4.5 Project End Date: The period of performance (end date) for state obligation purposes is five (5) years for projects under
$1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the Agreement. Joint agreement
amendments for time extensions must be received and approved prior to expiration of the project end date. Failure to extend the
end date may result in the immediate close-out of the project and loss of further funding.
V. THE LPA AGREES
5.1 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 11 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 LPA shall certify to the
STATE that all requirements of Titles II and ill of said Uniform Act have been satisfied. The disposition of encroachments, if any,
will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required.
5.2 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 Public Agency Highway and Street Systems.
5.3 To provide on -site engineering supervision and inspection during construction of the proposed improvement.
5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required.
5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by
addendum) in a manner satisfactory to the STATE.
5.6 To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits
of the proposed improvement.
5.7 To regulate parking and traffic in accordance with the approved project report.
5.8 To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes.
5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with the current Illinois Compiled Statutes.
5A 0 For contracts awarded by the LPA, the LPA 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 LPA 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 LPA's DBE program, as required by 49 CFR part 26 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 STATE 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.0 3801 et seq.). In the absence
Page 4 of 7 BLR 053105 (Rev. 05/09124)
Construction Engineering Right -of --Way
Local Public Agency Section Number State Job Number State Job Number State Job Number
Yorkville 25-00055-00-RS NIA D-93-073-26 NIA
of a USDOT - approved LPA 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.
VI. THE STATE AGREES
6.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure
validity of the LPA's certification of compliance with Title If and III Requirements.
6.2 To reimburse the LPA for the state share on the basis of periodic billings, provided said billings contain sufficient cost
information and show evidence of payments by the LPA_
6.3 To provide independent assurance sampling and furnish off -site material inspection and testing at sources normally visited by
STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE.
SCHEDULES
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
❑x
1.
Division of Cost
0
2.
Location Map
0
3.
Resolution
Page 5 of 7 SLR 053105 (Rev. 05109/24)
Construction
Engineering
Right -of -Way
Local Public Agency Section Number
State Job Number
State Job Number
State Job Number
Yorkville
25-00055-00-RS
NIA
D-93-073-26
NIA
AGREEMENT SIGNATURES EXECUTION
The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules.
APPROVED
Local Public Agency
Name of Official Print or Type Name
-Yv)n PUrc l
Title of Official
Date
S�'A
The above signature certifies th'e agency's TIN number is
366006169 conducting business as a Governmental Entity,
DUNS Number 112382973
UEI
APPROVED
State of Illinois
Department of Transportation
Omer Osman P.E. Secretary of Transportation Date
By:
Geor e A. Ta as P.E. S.E. Engineer of Local Roads & Streets Date
Stephen M. Travia P.E. Director of Highways PI/Chief Engineer Date
Michael Prater Chief Counsel Date
Vicki Wilson Chief Fiscal Officer Date
NOTE: If the LPA Signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement is required.
Page 6 of 7 BLR 05310S (Rev. 05/09/24)
Docusign Envelope ID: FF4DD3DD-94C3-8A5C-8120-0334D843A2FC
Construction Engineering Right -of -Way
Local Public Agency Section Number State Job_ Number State Job Number State Job Number
[Yorkville 25-00055-00-RS _] IN/A 1 FD-93-073-26 NIA
AGREEMENT SIGNATURES EXECUTION
The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules.
APPROVED
Local Public Agency
Name. of Official (Print or Type Namej
Sohn Nret?� - - - -- �]
Title of Official
Date
The above signature cerfifies the agency's TIN number'
366006169 conducting business as a Governmental Entity..
DUNS Number 112382973
UEl
APPROVED
Stake of Illinois
Department of Transportation
Go Biagi, Secretary of Transportation
—Signed by:
Bv:
Holly Bieneman, Acting Local Roads Engineer
Michael Prater, Chief Counsel
!Nla
2/26 i 8:53 M CDT
Date
Date
1L:_l
Holly Bieneman, Director of Planning & Programming Date
Eric Bolinger, Chief Fiscal Officer Date
NOTE; If the LPA Signature is by an APPOINTED QfficIsI, a resolution authorizing said appointed official to execute this
agreement Is required.
Page 6 of 9 BLR 0531OPE (Rev. p51119f21)
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