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Resolutions - R-18-011 - 05/07/2018 - IGA Curran Rd Improvements
RESOLUTION NO. Imo( t A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS AND THE CITY OF MCHENRY APPROPRIATING FUNDS FOR THE CURRAN ROAD IMPROVEMENT PROJECT WHEREAS, the City of McHenry endeavors to improve a segment of Curran Road from south of Illinois Route 120 to Ojibwa Lane that is approximately 0.84 miles in length and known to the Illinois Department of Transportation as Section Number 15-00082-00-SP and State Job Number D-91-2044 6; and WHEREAS, the Phase II Engineering costs of said improvement has necessitated the use of federal funds; and WHEREAS, the City of McHenry received four hundred and fifty Thousand dollars ($450,000.00) in Highway Safety Improvement Program (HSIP) federal funding under HSIP# 201501007; and WHEREAS, the federal fund source requires a match of local funds; and WHEREAS, the use of federal funds requires a joint funding agreement (hereinafter "AGREEMENT") with the Illinois Department of Transportation. NOW, THEREFORE, BE IT RESOLVED that the City of McHenry authorizes three thousand We hundred ($3,500.00) or as much of such sum as may be needed to match federal fiends in the completion of Phase II Engineering of the aforementioned project known as Section Number 15- 00082-00-SP. 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. Pass this 7�' day of May, 2018. s^- Office of the City Clerk ett, Local Public Agency City of McHenry L 11knols Department Consultant HR Green, Inc. p C of Transportation C O County Address McHenry A L N S 420 N. Front Street Section City _ _ _ p A Preliminary Engineering tJ L McHenry Project No. state G Services Agreement T IL Zip Code Job No. E For A D-91-204-16 N Federal Participation N 60050 Contact Name/Phone/E-mail Address Contact Name/Phone/E-mail Address Jon Schmitt C T Akram Chaudhry 815-363-2186 Y 815-759-8310 ischmitt ci.mchen .il.us achaudhr hr reen.com THIS AGREEMENT is made and entered into this 7th day of - May , 2018 between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal -aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Name Curran Road Termini IL Route 120 to Ojibwa Lane Project Description Route FAU 0084 Length 0.84 mi Structure No. N/A Description Complete Phase II Engineering for the roadway and safety improvements for Curran Road from south of IL Route 120 to Ojibwa Lane in the City of McHenry. Agreement Provisions 1. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 200 calendar days from the date of the Notice to Proceed from the LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required bylaw. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. Page 1 of 8 BLR 05610 (Rev. 11/09/17) Printed on 2/12/2018 2:19:51 PM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 8 BLR 05610 (Rev. 11/09/17) Printed on 2/12/2018 2:19:51 PM IL THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of 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.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this agreement. 111. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BLR 05610 (Rev. 11/09117) Printed on 2/12/2018 2:19:51 PM 3. , That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. 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 STATE; 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. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; - — (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for,drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 8 BLR 05610 (Rev. 11/09/17) Printed on 2/12/2018 2:19:51 PM 10., The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously unspecified staff, and other material changes to the original AGREEMENT. Agreement Summary Prime Consultant: TIN Number Agreement Amount HR Green Inc 42-0927178 $34,889,00 Sub -Consultants: TIN Number A reementAmount Sub -Consultant Total: Prime Consultant Total: $34,889,00 Total for all Work: 1 $34,889.00 Executed by the LPA: ATTEST:' ' n By: ; OLL / � ^� '�( By: Clerk Title: I (SEAL) Executed by the ENGINEER: ATTEST: By: Title: By: Title: Page 5 of 8 BLR 05610 (Rev. 11/09/17) Printed on 2/12/2018 2:19:51 PM m 0 0 y g = 6 a) CD \< �/ 07 cc ® CDc ��a §( ° \ � a< �® m0 \ \ \(-E a)E_ \\ /// \\ G± + + ®®/ Ow— + + + momƒ \\� * �7$ / eme \ \\\ (§ E❑❑D❑ ƒ\eee e2\CDCf)© Co §%fdc/ IT ) e \CD \ % @$$$ m a CO 7\R9 LO /±±± \ k \ \ \ e c o&E3# \ �t0 0 y) g ® \ < 7333/® 00 a)0 \\\0 ±u mE� 5000m2 \ e \ a \ C� U /2?_ O � m k/ \� m \ \ 0 0 �0 � 0 �CU a ( § ■$ m/ \\ O m w § Lu v I¢ qw \ # ± k 0 2 I 2 / ■ � § ■ co I#'MMe Illinois Department of Transportation Prime Consultant Name HR Green, Inc. Address 420 Front St., McHenry, IL Telephone 815-385-1778 TIN Number 42-0927178 Project Information Local Agency Section Number Project Number Job Number City of McHenry 15-00082-00-SP HSIP-4003(674) D-91-204-16 Engineering Payment Report (Submit with Final Invoice ) This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Signature and title of Prime Consultant Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy. Page 7 of 8 BLR 05610 (Rev. 11/09/17) Printed on 2/12/2018 2:19:51 PM Local Public Agency Section Number Project Number Job Number Exhibit C Federal Qualification Based Selection (QBS) Checklist City of McHenry 15-00082-00-SP HSIP-4003(674) D-91-204-16 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $25,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $25,000. ❑ Form Not Applicable (engineering services less than $25,000) 1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ® Yes ❑ No 2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ® Yes ❑ No If no, IDOT's approval date: 3. Was the scope of services for this project clearly defined? ® Yes ❑ No 4. Was public notice given for this project? ® Yes ❑ No Due date of submittal: Method(s) used for advertisement and dates of advertisement: 5. Do the written QBS policies and procedures cover conflicts of interest? ® Yes ❑ No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ® Yes ❑ No 7. Do the written QBS policies and procedures discuss the method of evaluation? ❑ Yes ❑ No Criteria for this project Weighting Criteria for this project Weighting 8. Do the written QBS policies and procedures discuss the method of selection? ❑ Yes ❑ No Selection committee (titles) for this project: Top three consultants selected for this project in order: 1) 2) 3) If less than 3 responses were received, IDOT's approval date: 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ Yes ® No 10. Were negotiations for this project performed in accordance with federal requirements? ® Yes ❑ No 11. Were acceptable costs for this project verified? ® Yes ❑ No ❑ LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? ® Yes ❑ No 13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ® Yes ❑ No Page 8 of 8 BLR 05610 (Rev. 11/09117) Printed on 2/12/2018 2:19:51 PM EXHIBIT D Phase II Engineering Scope of Services Curran Road Improvements IL Route 120 to Ojibwa Lane Presented to: City of McHenry Presented by: February 2018 Project Understanding The project is located along Curran Road between south of Illinois Route 120 to Ojibwa Lane. The approximate length of the project is 0.79 miles. The improvement will consist of resurfacing the existing asphalt pavement to help improve the superelevation through the curves, new pavement marking and advance warning signage, shoulder improvements, and parkway restoration with topsoil and seeding. All Phases of the project will be federally funded through the Highway Safety Improvement Program (HSIP). Due to the contribution of federal funding throughout the various Phases of the project, the project bidding and award of the contract will be administered by IDOT. Therefore the project must be state let in accordance with the state letting schedule. Phase II Engineering tasks required for a federally funded project include the preparation of contract bid plans, specifications, cost estimates, and all other related work necessary for a state letting in Springfield. Preparation of the Phase II Engineering plans and documents will follow City and IDOT policies, standards and procedures. PHASE II ENGINEERING The following are several areas that HR Green feels are critical engineering activities required during the preparation of contract plans and documents and ways HR Green will address those areas. HR Green staff understands that a project's cost and schedule are controlled best by the preparation of detailed and accurate contract plans and special provisions. HR Green is fully committed to details and clarity in the preparation of plans and contract documents. Design Guidelines The Phase II Engineering and Contract Documents will be developed according to applicable IDOT and City requirements. These include the following design guidelines: • Approved Phase I Engineering; • Bureau of Local Roads (BLR) Manual; and • City Standards. HR Green has made the following assumptions associated with the Phase II engineering: 1. Improvements to City utilities, beyond structure adjustments, will not be required due to the roadway improvements. 2. No roadway lighting will be proposed. 3. No detour will be required. 4. No right-of-way documents will be prepared. 5. There are no drainage or flooding issues within the project limits. Contract Plans and Documents HR Green will develop and assemble the contract plans and special provisions for an ]DOT letting. HR Green has a full service staff that can produce the roadway improvement plans. The Contract Plans will include the following sheets: • Cover Sheet; • Index/General Notes/Standards; • Summary of Quantities; • Typical Sections; • Alignment, Ties and Benchmark; • Roadway Plan and Profile Plans, including utility adjustments; • Erosion and Sediment Control Plan; • Pavement Marking and Signing; • Restoration Plans; • Miscellaneous Project Specific Details; • IDOT Standards; and • Cross -Sections every 50 feet, including driveways. Final Contract Documents will include: • Special Provisions; • Estimate of Time; • Cost Breakdown for Lump Sum Items; and • Estimate of Cost. Milestone Submittals Plans will be developed to predetermined milestones for submittal to the City and IDOT for review and approval. For a project of this type two submittals pre -final and final, would be made. The pre -final plans would be submitted to the City and IDOT for review and comment. The comments would then be incorporated into the plans and a disposition of comments submitted. Plans will also be submitted to utility companies that have facilities within the right-of-way. Utility Coordination The HR Green Team will continue the utility coordination process during Phase II engineering by sending roadway plans to private utility companies. If necessary, utility coordination meetings can be held with the impacted utilities to review and discuss the conflicts, resolutions and scheduling. This coordination will allow the utilities to design and relocate their facilities in a way that is compatible with the proposed design. Just as important, the utilities can then complete their design relocations in a timely manner to prevent construction delays. Maintenance of Traffic Analysis An analysis of how the proposed improvements will be constructed will be conducted and the maintenance of traffic and facilities will be discussed with the City. It is assumed applicable IDOT Highway Standards will be used for traffic control and protection during construction and a detour plan will not be required. Access for residents will be maintained at all times during construction. It is anticipated that construction may require day -time lane closures. Maintenance -of -traffic control specifications and notes will identify and detail the allowable contractor operations, and required traffic control devices will be included in the bidding documents. Construction sequencing procedures will be detailed in the plans and specifications to ensure that two (2) vehicle lanes are provided at the end of each work day. Erosion Control An erosion control plan will be prepared that makes recommendations to control erosion and retain sediment on the construction site. Erosion control measures and best management practices will include silt fence or filter socks, and temporary seeding and mulching plans. Pavement Design HR Green will perform a field evaluation of Curran Road to define the resurfacing strategy and also gather and verify measurements for plan quantities and details. Resurfacing typical sections, plans, and construction details will be developed showing milling locations, resurfacing limits, utility structure adjustments, and pavement striping. HR Green will coordinate with the City to design a Hot Mix Asphalt (HMA) pavement that meets City and IDOT standards. Special Provisions HR Green will prepare contract special provisions for the project. The document will include Supplemental, Recurring, BDE, District 1, and project specific special provisions. The project specific special provisions will be written to cover any items not covered by the Standard Specifications for Road and Bridge Construction. Estimate of Cost Opinions of probable construction cost will be developed and refined throughout the design process so that the City has the latest cost estimate. These costs will be determined using pay items and the latest historical unit prices available for the area. HR Green will complete the Estimate of Cost (BLR 11510) and Lump Sum Breakdowns as part of the pre -final and final submittals to IDOT. The Estimate of Cost will be the Engineer's Opinion of Probable Cost. Estimate of Time The estimate of time will be developed based upon pay items and quantities and will be used to develop the number of working days or completion date for the project. Project Coordination and Meetings Our experience gained in completing projects for municipal clients has led us to an understanding of the critical nature of early project coordination both with public agencies and affected property owners/residents. Early project coordination also allows us to ensure that those items requiring action from other agencies are submitted early in the project in order to maintain the project schedule. Project coordination work will include: 1. Phase II kick-off meeting with IDOT to review the project scope and schedule. 2. Project review meeting on -site with the City to review the project and obtain input. 3. Project documentation is also critical to project success. The HR Green Team will prepare/distribute meeting minutes of all meetings attended which will detail the discussions of attendees along with the action required of the attendees. LLJ J LU O F Uu C/) w W LU J > J 0 Z >- Q a N N O m F- Z W n W J iL LU a m 'a zWCO LL L U- n. n. of O H a LL W wwQ LU LL O O 00 0 Q uj LU a Z O a U N LU M H U NQ 6L F- Z O U Li! LL O 1-- Z_ O a 0 W F- 0 O F- U Q LL Z O Q J a U U) W LU F- LU F- Q J U Q tU 0 LO ti O LO I- C; d 'a 75 O 3 v O �O L a U) L 0 4— O m M U N O (C *a O m 1-- I P m c co d nL M LP N 00 C) O N N N N �u PAYROLL RATES FIRM NAME HR Green, Inc. DATE PRIME/SUPPLEMENT PRIME PTB-ITEM # ESCALATION FACTOR Note: Rates should be capped on the AVG 1 tab as necessary 0.75% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE I'nnrapal -:Iiumu Z� i u.5s Sr Project Manager $67.63 $68.14 Project Engineer ' II $40.89 $41.20 Staff Engineer 11 $31.25 $31.48 Sr Design,Tech $36.32 $36.59 Administrative Assistant II $23.60 $23.78 Staff Land Surveyor 111 $38.38 $38.67 Bureau of Design and Environment Prepared By: Consultant 02/12/18 Printed 2/12/2018 12:53 PM Page 2 of 6 BIDE 3604 Template (Rev. 10/19/17) Bureau of Design and Environment Prepared By: Consultant Subconsultants FIRM NAME HR Green, Inc. PRIME/SUPPLEMENT PRIME PTB-ITEM # NAME I Direct Labor Total I Contribution to Prime Consultant Total 0.00 6 1I DATE 02/12/18 BIDE 3604 Template (Rev. 10/19/17) Printed 2/12/2018 12:53 PM Page 3 of 6 W W LL W X LL N J a H U) O U c c c O c 0 C) W �;, -o m 00 O N N U Q N N O 0 a- LN a o 0 W U �— 0 Q tW- LL F- U) W W Z =-1 IL O O 0 LL O LU h Q 1-- U) W H U) O U s d L W C) E w E2 = d F- Z W � J a LUa F- ui � m uj tides "IIIII� " III a IIIII 0 O O O LU 00 N (D Q E F- C 0 co co W 0 m T 4) 0) N C fH G G � O O C N •� O U W > LL 'a m c .a a3 � c � a) � oa o 0 7 ca N � o 7 m H WLU Q W c U) Vl W F- L�i� U W O a NJN 2 'W 9 W Q ti c c m m 0 w 2 0) o m c O o 0 o 0 0 y d o Lo 0 CL a a 3 O = (O cO cV o o I a r r N u) 0 0 0 0 e o o 0 o 0 0 0 0 N a N N u N o M y oO W P1 t0 o N N E .y a 07 > ?' a 0 O 0 co MO V ' N of 69 LU .8 a o 0 0 N7 C e 0 M V M d O O g a r N w cv o i a` O N [V N fA = y LA > O W m M M O (O M r W n 0 0 0 0 0 0 C e w o O (O M m d r o ui o (o U0 = N N co O coa� U = a3i > m m uoi cn m a .y- 6V' N N o o c p o p m o U ,y o lC 0 N � V -N oo % = N 07 > N m N N m 7 u) d' M a? 0 0 0 0 0 o c o o M r o O. N m m N (6 H .y., 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 3 O CO T M 0 O M 0 0 0 0 0 0 0 0 O O 0 0 0 6 6 6 6 0 0 0 N D� a _ F O C� W O o� d o cy"1:cnrcfl m rn co I- Q 0 r- oo (Dvmi°N� z O° �— — u) `o O U m-�Q U a> J Q LL u,-�� (70 G Na cn ) F- o a o E— �Q 'C J U O U W N a 0 o D- U) L Cc U) < U) a) a� Q E a) 0 O O Cl) W 0 m T O LO a) O a� m 0) w H Q U w 3 O a w 0 a w Q LLI LU �LU S 0) m 0 ti 0 a� m d E I - CD O cm Cl) ul p m T I a ra Department of Public Works Jon M Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 jschmitt@ci.mchenry.il.us March 15, 2016 Mr. ChristopherJ. Holt, P.E. Bureau Chief Illinois Department of Transportation Bureau of Local Roads and Streets 201 West Center Court Schaumburg, Illinois 60196-1096 Attn: Ms. Temi Latinwo RE: Phase I,11 and III Engineering Services City of McHenry Section No.:15-00082-00-SP Project No.: HSIP-4003(673) Job No.: P-91-204-16 McHenry County Dear Ms. Latinwo: This is to inform you that in accordance with the current policy for quality based selection, the City of McHenry has selected HR Green Inc. to provide Phase I, II and III engineering services for the City's Curran Road HSIP safety project. If you have any questions, please contact me at (815) 363-2190. sincerely t Jon Schmitt Director of Public Works The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. �nyJ Illinois Department of Transportation Local Public Agency Agreement for Federal Participation Local Public Agency City of McHenry State Contract Day Labor Local Contract X RR Force Account Section 15-00082-00-SP Fund Type HSIP ITEP, SRTS, or HSIP Number(s) 201501007 Construction En in erinci Right- - a Job Number Project Number Job Number Project Number Job Number Project Number D-91-204-16 15D8(210) 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, hereinafter referred to as "STATE". The STATE and LPA 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 LPA, 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 Curran Road Route FAU 0084 Length 0.84 mi. Termini IL 120 to Ojibwa Lane Current Jurisdiction LPA TIP Number 11-16-0002 Existing Structure No N/A Project Description Design Engineering for the improvements along Curran Road between IL Route 120 and Ojibwa Lane in the City of McHenry. Division of Cost Type of Work Participating Construction Non -Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities Materials TOTAL HSIP % % LPA % Total 31,500 31,500 $ 3,500 �5,5uu * Maximum FHWA (HSIP) participation 90%, not to exceed $31,500. BAL 35,000 35, 000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA 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 Public Agency Appropriation By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State -let contracts only) Method of Financing (State Contract Work Only) METHOD A ---Lump Sum (80% of LPA Obligation) _ METHOD B--- Monthly Payments of METHOD C--- LPA's Share Balance due by the of each successive month. divided by estimated total cost multiplied by actual proclress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed 4/25/2018 Page 1 of 5 BLR 05310 (Rev. 11/06/17) Agreement Provisions THE LPA 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 LPA 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 LPA, and the 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 the 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 final project close-out by the STATE, 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 LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; 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 LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA'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 LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA'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 LPA on this or any other contract, The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller's Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) 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 the project is federally authorized, the LPA 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 the project is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed 4/25/2018 Page 2 of 5 BLR 05310 (Rev. 11/06/17) (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 ]DOT 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 [DOT's District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate [DOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates shall be 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 LPA'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 LPA'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 LPA 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) To complete this phase of the project within three (3) 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). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. Printed 4/25/2018 Page 3 of 5 BLR 05310 (Rev. 11106117) 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 this phase of the improvement or from the date of the previous invoice, which ever 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. (25) The LPA shall provide the final report to the appropriate STATE district within twelve 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 months documenting the reason and the new 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 close-out of the project and loss of further funding. (26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 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 LPA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an "X" in the State Contract field at the top of page 1) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. (27) That the LPA 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: hftps://www.sam.gov/portal/public/SAM/#1. The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: hftp://fedqov.dnb.com/webform. 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 LPA'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 LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA 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) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LPA 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 LPA; (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 and federal Buy America provisions. (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 within one (1) year 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 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 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 STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for Printed 4/2512018 Page 4 of 5 BLR 05310 (Rev. 11/06117) 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 UrSDOT —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. (5) In cases where the STATE is reimbursing the LPA, 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 Seq.) unless the provisions of that Act exempt its application. 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 -LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA 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 Local Public Agency Wayne Jett Name of Official (Print or Type Name) Mayor Title (County Board (Sig President/etc.) Date The above signature certifies the agency's TIN number is 36-6005993 conducting business as a Governmental Entity. DUNS Number 023996275 APPROVED State of Illinois Department of Transportation Randall S. Blankenhorn, Secretary By: Aaron A. Weatherholt, Deputy Director of Highways l Omer Osman, Director of Highways/Chief Engineer Date Phil Kaufmann, Acting Chief Counsel Jeff Heck, Chief Fiscal Officer (CFO) NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Date Date Printed 4/25/2018 Page 5 of 5 BLR 05310 (Rev. 11/06/17)