R-189-91 Resolution 189 Illinois Department of Transportation Design EngineeringRESOLUTION 189
ITEM VII C. 2
Municipality LEMONT (V)
.Township
County
COOK
Section
Illinois Department
off Transportation Fund Type
eceeeSa Locaau Agency Agreement State Contract
For Federal Participation X
90- 00013 -00 -BR
BRRP
Day Labor
Local Contract
RR Force Account
This Agreement is made and entered into between the above local agency (LA) and the State of Illinois, acting by and through its Department of Transpor-
tation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as shown below. The improvement shall
be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the United States
Federal Highway Administration hereinafter referred to as FHWA.
Location
Name STEPHEN STREET Route OFF SYSTEMLength Miles
Termini over I & M CANAL
Project Description Existing Str. N816 -0565
All Design (Phase II) Engineering required for bridge rehabilitation and
all incidental work.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $ ( )$ ( )$ ( )$
Non - Participating Construction $ ( )$ ( )$ ( )$
Preliminary Engineering $ 40,000 ( 80.0)0 ( )$ 10,000 (20.00)$ 50,000 .
Construction Engineering $ ( )$ ( )$ ( )$
Right of Way $ ( )$ ( )$ ( )$
Railroads $ ( )$ ( )$ ( )$
Utilities $ ( )$ ( )$ ( )$
Sub Total $ $ $ $
Other Funding Not Included Above 441•0.0.0•. $ 10,000 . 50,000 .
Source of Other Funding: N/A
Total Project Cost $
NOTE: The above costs and percentages are approximate and subject to change. The percentage(s) recorded and maintained by the
STATE, will be used in the final division of costs for billings and reimbursements. If funding is lump sum and not a percentage of
the total, place an asterisk in the space provided for the percentages. The Federal share of construction engineering may not
exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
(Budget Adoption)
The LA on May 1 , 19 91 , appropriated, by separate resolution, ordinance or road improvement statement, $ 22,000
to pay the LA's share of the cost and will appropriate additional funds, if required to cover the LA's total cost. LA's share of the cost to be
paid with ❑ MFT Funds. ® Other Funds.
Method of Financing (State Contract Work)
METHOD A -- -Lump Sum (95% of LA Obligation) $
METHOD B Monthly Payments of $
METHOD C - -- LA's Share $ divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
For Department Use Only
Construction
Engineering
Right -of -Way
Job Number
Project Number
Job Number
Project Number
Job Number
Project Number
D- 91 -1 ti1 _nn
BM -OS -D1 (247)
Page 1 of 3
IL 494 -0327
BLR 4251 (Rev- 4/911
Agreement Provisions
The Local Agency Agrees:
(1) To acquire in its name all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the
Uniform Relocation Assistance. and Real Property Acquisition Policies Act of 1970. and established State policies and procedures,.
Prior to advertising for bids. the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been
satisfied and the disposition of encroachments. if any, will be cooperatively determined by representatives of the LA. the STATE an.
the FHWA.
(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. it
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 maintain, or cause to be maintained, the completed improvement in a manner satisfactory to the STATE and FHWA;
(5) To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(6) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an
audit for a period of three years after the FHWA payment of the final voucher;
(7) Provisions will be made. if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within
the limits of the proposed improvement:
(8) The failure of the LA to comply with Federal requirements may result in the loss (partial or total) of Federal participation as deter-
mined by the FHWA;
(9) (STATE Contracts Only) That the method of payment designed on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in a lump sum,
an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the
remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project
based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months. or until 95% of the LA's estimated obligation under the provi-
sions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any
nonparticipating costs) in a lump sum. upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual progress payment (appropriately adjusted for nonparticipating costs) made to the
contractor until the entire obligation incurred under this Agreement has been paid.
(10) (Day Labor or Local Contracts Only) To provide or cause to be provided all of the initial funding, equipment, labor material and
services necessary to construct the complete project.
(11) (Preliminary Engineering Only) That in the event the right -of -way acquisition or actual construction of the project for which the
preliminary engineering is undertaken with Federal participation is not started within five years following the date of approval and
authorization to proceed, the LA will repay the STATE any Federal funds received under the terms of this Agreement.
(12) (Right -of -Way Acquisition Only) That in the event that the actual construction of the project on this right -of -way is not undertaken by
the close of the tenth fiscal year following the fiscal year in which this Agreement is executed the LA will repay the State any Federal
Funds received under the terms of this Agreement.
(13) 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 judgement 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 or receiving stolen
property;
(c) are not presently indicated 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. Page 2 of 3
IL 494 -0327
(14) To include the certifications, listed in item 13 above and all other certifications required by State statutes, in every contract, includ-
f ing procurement of materials and leases of equipment.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts Only) 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 and after concurrence in the award has been received from the LA (and FHWA if required);
(3) (Day Labor or Local Contracts Only) To authorize the LA to proceed or concur in the award for the construction of the improvement
when Agreed -Unit Prices are approved or satisfactory bids are received for Local Contracts and to reimburse the LA for that portion
of the cost payable from Federal -aid funds and the STATE's share based on the Agreed Unit Prices and Engineer's Payment
Estimates in accordance with the Division of Cost on page one.
IT IS MUTUALLY AGREED:
(1) That this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid
Participation and in the event the contract covering the construction work contemplated herein is not awarded within three years of
the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall
have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under
this Agreement. Consequently the MBE requirements of 49 CFR Par 23 apply to this agreement.
The STATE /LA agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity
to participate in the performance of this Agreement. In this regard the STATE/LA shall take all necessary and reasonable steps, in
accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and
perform portions of contracts and subcontracts financed in part with Federal funds provided under this Agreement. The STATE/LA
shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of contractor or subcontractors
including procurement of materials and leases of equipment.
The LA shall include the provisions of this "Policy" in every contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of the
Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE'S federally approved Disadvantaged Bus ness E ate' prise
Program.
ADDENDA
Additional information and /or stipulations, if any, are hereby attached and identified below as being a part of this Agreement.
Addendum
N/A
(Insert NA, If not applicable)(Insert addendum numbers or letters and page numbers if applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED
Name
TitIP
Joseph S.Forzley
Signature
Coun
Village President
oard Chairperson/MayojAlillage Presidentetc.
APPROVED
By
State of Illinois
Department of Transportation
Director of Highways
Date
Page 3 of 3
IL 494 -0327
RI R 4.9c1 !Row d /01
Au:r
Midwest Consulting Engineers, Inc.
5151 North Harlem Avenue • Chicago, Illinois 60656 • (312) 792 -1100 • Fax (312) 792 -1143
October 14, 1991
Mr. Steve Jones
Village Administrator
Village of Lemont
418 Main Street
Lemont, Illinois 60439
Reference: Stephen Street Bridge over I &M Canal
Section No.: 90- 00013 -00 -BR
Project No.: BM- OS- D1(247)
Job No.: D- 91- 161 -90
Dear Mr. Jones:
Enclosed are six (6) copies of the Joint Agreement for Design
Engineering for the above captioned project. Please complete the
following:
1) Have the agreement executed by the Village President.
2) Insert the required information under the Section
entitled "LOCAL AGENCY APPROPRIATION" on Page 1.
3) Return five (5) copies (WITH ORIGINAL SIGNATURES) to our
office along with the "LOCAL AGENCY APPROPRIATION" for
final processing with the Illinois Department of
Transportation.
Please provide the above as soon as possible so that notification
to proceed from IDOT may be realized at the earliest possible date.
If you have any information, please call.
Very truly yours,
MIDWEST CONSULTING ENGINEERS, INC.
iedaa.a 4 4,1,
Richard A. Russo, P.E.
Project Manager
RAR001 /rp -175
Enclosure