HomeMy WebLinkAbout077-R-23 Authorizing the Mayor to Sign a Local Agency Joint Funding Agreement with the Illinois Department of Transportation for the Lincoln Street Bridge Phase I Engineering
10/23/2023
77-R-23
A RESOLUTION
Authorizing the Mayor to Sign a Local Agency Joint Funding
Agreement with the Illinois Department of Transportation for the
Lincoln Street Bridge Phase I Engineering
WHEREAS, the City of Evanston and Illinois Department of Transportation
(hereinafter “IDOT”), in the interest of improving the bridge and overall structure of the
Lincoln Street Bridge, wish to rehabilitate or replace the existing Bridge Street structure
over the North Shore Channel, said improvement to be identified as State Section
Number: 23-00298-00-BR, and Project Numbers: xxxxxxxxxxxx, hereinafter referred to
as the “Project”; and
WHEREAS, the City believes that the Project will be an immediate and
permanent benefit to the citizens of Evanston; and
WHEREAS, the City and IDOT wish to avail themselves of federal funds
to improve this Project; and
WHEREAS, in order to receive federal funds, the City and IDOT must
enter into a Local Agency Joint Funding Agreement (the “Agreement”), attached hereto
as Exhibit A and incorporated by reference herein;
WHEREAS, the City Council of the City of Evanston has determined it is
in the best interests of the City to enter into the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Mayor is hereby authorized to sign and the City
Clerk is hereby authorized to attest to the Agreement.
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77-R-23
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional conditions of the Agreement as he may determine to be in the
best interests of the City.
SECTION 3: That this Resolution 77-R-23 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Adopted: ________________, 2023
Approved as to form:
_______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
October 23
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EXHIBIT A
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BLR 05310PE (Rev. 03/24/23)Page 1 of 5
Joint Funding Agreement for PE/ROW
Printed 10/12/2310/12/23
LOCAL PUBLIC AGENCY
Local Public Agency
City of Evanston
County
CookCook
Section Number
23-00298-00-BR
Fund Type
Local Bridge Formula Program
ITEP, SRTS, HSIP Number(s)MPO Name
CMAPCMAP
MPO TIP Number
Engineering Right-of-Way
State Job Number Project Number State Job Number Project Number
Local Administered Engineering Right-of-Way Other
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 consulted in accordance with plans prepared by, or on
behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal
Highway Administration, hereinafter referred to as "FHWA".
LOCATION
Stationing
Local Street/Road Name
Lincoln Street
Key Route Length
0.10 mile
From To
Location Termini
@ North Shore Channel
Current Jurisdiction
City of Evanston
Existing Structure Number(s)
016-6952
Add Location
Remove
PROJECT DESCRIPTION
Lincoln Street Bridge Replacement
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, 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 Public Agency Highway and Street Systems.
3. To provide for the preliminary engineering work required to complete the proposed improvement.
4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum.
5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction) in a manner
satisfactory to the STATE and the FHWA.
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 STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, 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 presumption in favor of the STATE for 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 comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
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9.To provide or cause to be provided all of the initial funding,equipment,labor,material,and services necessary to complete
the project.
10. 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.
11. To include the certifications, listed in item 13 above, and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
12. 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
(including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements), and that all
subrecipients shall certify and disclose accordingly.
THE STATE AGREES:
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 II and III Requirements.
2. For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or other locally administered work.
a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain
sufficient cost information and show evidence of payments by the LPA;
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 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 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, obligation 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 the act
exempt its application.
FISCAL RESPONSIBILITIES:
1.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
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pts,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.
2.Financial Integrity Review and Evaluation (FIRE) program:LPA’s and the STATE must 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.
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.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
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.
5.Project End Date: Preliminary engineering projects - the period of performance (end date) for state and federal obligation
purposes is ten (10) years. The LPA must begin right-of-way acquisition for, or actual construction of, the project for which
preliminary engineering work is undertaken with Federal participation is by the close of the tenth (10th) fiscal year following the
fiscal year in which the project is federally authorized. In the event that this work is not started within this timeframe, the LPA will
repay the STATE any Federal funds received under the terms of this Agreement.
For Right-of-Way projects - the period of performance (end date) for state and federal obligation purposes is fifteen (15) years
from the execution date of the agreement. The LPA must begin construction of the project on this right-of-way by the close of the
twentieth (20th) fiscal year following the fiscal year in which the project is federally authorized. In the event that construction is not
started within this timeframe, the LPA will repay the STATE any Federal funds received under the terms of this Agreement.
Requests for time extensions and joint agreement amendments 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.
6.Single Audit Requirements: 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.LPA's expending less than $750,000 a year shall be exempt from compliance. A copy
of the audit report must be submitted to the STATE (IDOT’s Office of Internal Audit, Room 201, 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 ALN number for all highway planning and construction activities is 20.205.
7.Federal Registration:LPA’s are required to register with the System for Award Management or SAM, 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,gov/SAM/
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
1.Location Map
2.Division of Cost
3.
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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
Name of Official (Print or Type Name)
Daniel Biss
Title of Official
Mayor
Signature Date
The above signature certifies the agency's TIN number is
conducting business as a Governmental Entity.
DUNS Number
Local Public Agency
UEI
Omer Osman, P.E., Secretary of Transportation Date
By:
George A. Tapas,P.E.,S.E.,Engineer of Local Roads & Streets Date
Stephen M. Travia, P.E., Director of Highways PI/Chief Engineer
Yangsu Kim,Chief Counsel Date
Vicki Wilson,Chief Fiscal Officer Date
Date
APPROVED
State of Illinois
Department of Transportation
NOTE: if the LPA signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this
agreement is required.
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BLR 05310PE (Rev. 03/24/23)Page5 of5ADDENDA NUMBER 2Printed 10/12/2310/12/23Local Public AgencyCity of EvanstonCountyCookCookSection Number23-00298-00-BREngineeringJob NumberProject NumberRight-of-WayJob NumberProject NumberDIVISION OF COSTFederal FundsState FundsLocal Public AgencyType of WorkFund TypeAmount%Fund TypeAmount%Fund TypeAmount%TotalsPreliminary EngineeringPreliminary EngineeringSTP-BrSTP-Br$548,972.0080%LocalLocal$137,243.0020%$686,215.00Total$548,972.00TotalTotal$137,243.00$686,215.00If fundingis not a percentage of the total place an asterisk(*)in the space provided for the percentage and explain below:NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The finalLPAshare is dependent on the final Federal and State participation. The actualcosts will be used in the final division of cost for billing and reimbursement.
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BLR 05310PE (Rev. 03/24/23)
Instructions for BLR 05310 PE/ROW Page 1 of 2
Printed 10/12/2310/12/23
NOTE: Form instructions should not be included when the form is submitted.
This form shall be used when a local public agency (LPA) project involves Federal-Aid, with or without state funds and this standard form is
sufficient to describe all details of the agreement. For more information refer to the Bureau of Local Roads and Streets (BLRS) Manual,
Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. When filling out this form electronically,
once a field is initially completed, fields requiring the same information will be auto-populated.
Local Public Agency
Name of LP Insert the name of the LPA
County Insert the name of the county in which the LPA is located
Section Number Insert the section number applied to this project
Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.)
ITEP, SRTS, HSIP, Number Insert the ITEP, SRTS, HSIP number assigned to this project
MPO Name From the drop-down choose the MPO in which the project is located. If the project is not located within
an MPO, select N/A. Types to choose from are:
Bi-State Bi-State Regional Commission
CMAP Chicago Metropolitan Planning Organization
CUUATS Champaign/Urbana Urban Area Transportation Study
DATS Danville Area Transportation Study
DMATS Dubuque
DSATS DeKalb/Sycamore Area Transportation Study
DUATS Decatur Urbanized Area Transportation Study
EWGCG East-West Gateway Council of Governments
KATS Kankakee Area Transportation Study
MCRPC McLean County Regional Planning Commission
PPUATSPeoria/Pekin Urban Area Transportation Study
RPC Region 1 Planning Council
SATS Springfield Area Transportation Study
SEMPO South East Metropolitan Planning Organization
SIMPO Southern Illinois Metropolitan Planning Organization
SLATS State Line Area Transportation Study
MPO Tip Number Insert MPO Tip Number assigned to this project, this is required for all projects located within the MPO
planning boundaries if applicable. If not, insert "N/A"
Engineering
Job Number Insert the job number assigned for the engineering portion of this project.
Project Number Insert the project number assigned to the engineering portion of the project.
Right-of-Way
Job Number Insert the job number assigned for Right-of-Way for the project, if applicable. The number with begin
with an "R".
Project Number Insert the project number assigned to the Right-of-Way for the project, if applicable.
Local Administered Engineering Check this box if the LPA is administering the engineering locally.
Right-of-Way Check this box if Right-of-Way is part of the project
Other Check this box if work is something other than preliminary Engineering or Right-of-Way.
Location Use the add location button to add additional locations if needed for up to a total of five locations. If
there are more than five locations, use various
Local Street/Road Name Insert the local street/road name
Key Route Insert the key route of the street/road listed above
Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01
Station
From Insert the beginning station of the project as it pertains to the key route for this location for this project
To Insert the ending station of the project as it pertains to the key route for this location for this project
Location Termini Insert the beginning and ending termini as it pertains to this location for this project
Existing Structure Number(s) Insert the existing structure number(s) for this project
Add Location Use this button to add additional locations. A total of four additional locations can be added. If there are
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BLR 05310PE (Rev. 03/24/23)
Instructions for BLR 05310 PE/ROW Page 2 of 2
Printed 10/12/2310/12/23
more than 5 locations, do not add each location. Instead insert "Various" in the first location field.
Project Description Insert a description of the work to be accomplished by this project
For Local Let Projects
1. Location Map Attach a location map to this agreement showing all location being improved by this project.
2. Division of Cost Insert the division of cost page (see separate instruction for completing this document).
For additional addenda, check this box and insert a description of the item and attach it to the agreement.
Approved
Local Public Agency The appropriate LPA official shall insert their name, sign, and date. Insert the LPA’s TIN number, DUNS
Number, and the UEI (note the UEI will be replacing the DUNS Number https://sam.gov/content/duns-uei).
Illinois Dept. of Transportation The appropriate IDOT official shall sign and date here.
Division of Cost Table
When the LPA desires to use one or more lump-sum amounts before the federal percentage is calculated, specify the order in which it
should be used and the "not to exceed" amount. The following provides an example of the wording that
may be used:
Lump-sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first.
Lump-sum to be utilized second not to exceed $20,000 EDP funds.
Lump-sum to be utilized third not to exceed $40,000 SMA funds.
These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted.
When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified
percentages up the the "not to exceed" amount
Example:
Maximum STR participation 80% not to exceed $100,000
Lump-sum SMA not to exceed $20,000 to be used as a match to the federal funds
Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming until
the project is closed out and a documentation review has been completed by IDOT or FHWA, if
required.
Division of Cost Table
Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds.
Type of Work Choose the type of work from the drop-down list. Types to choose from are: Participating Construction,
Non-Participating Construction, Preliminary Engineering, Construction Engineering, Right-of-Way,
Railroads, Utilities, and Materials.
Federal Funds If federal funds are being used on this project complete the following for federal funds.
Fund Type Choose the type of federal fund type from the drop-down.
Amount Insert the amount of federal funds for the type of listed under fund type.
% Insert the percentage of federal funds for this type.
State Funds If state funds are being used on this project complete with following for state funds.
Fund Type Choose the type of state fund type from the drop-down.
Amount Insert the amount of state funds for the type of listed under fund type.
% Insert the percentage of state funds for this type.
Local Public Agency Funds
Fund Type Choose the type of LPA funds from the drop-down
Amount Insert the amount of LPA funds for the type of listed under fund type.
% Insert the percentage of LPA funds for this type.
Explanation Insert any necessary additional information as to how the funding is being applied for this project.
A minimum of three (3) originals executed by the LPA must be submitted to the District through it s Regional Engineer's Office.
Distribution will be as follows:
Printing Instructions For the document to print properly,please make sure "Orientation" is set to "Auto"(see image below)
within the print dialog window. If this setting is not chosen, then some pages may be cut off during the
printing process.
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LOCATION MAP
Lincoln St Bridge over
the North Shore Channel
Cook County
SN 016-6952
Legend
Project Location
W 131st St
Lincoln St
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