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R-24-08 05/12/2008RESOLUTION r•G•Z4• ©S RESOLUTION APPROVING LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION AGREEMENT FOR THE DERBY ROAD: 131ST STREET TO ARCHER AVENUE LAPP RESURFACING PROJECT WHEREAS, the Village of Lemont requires Phase I I Preliminary Engineering services related to the Derby Road (FAU 1024): 131st Street to Archer Avenue project; WHEREAS, the Village of Lemont desires to enter into a Local Agency Agreement for Federal Participation Agreement with IDOT to procure seventy percent (70 %) Federal Funds for this work; WHEREAS, the Village has $35,000.00 in funds available for this work, and desires to appropriate same; and WHEREAS, the Village Board has authorized the Village President to sign the Local Agency Agreement for Federal Participation Agreement. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 12th day of May, 2008. AYES NAYS PASSED ABSENT Brian Reaves Debby Blatzer Peter Coules Ron Stapleton Clifford Milkos Jeanette Virgilio Approved by me this 12th day of May, 2008. Attest: ,J1 CHARLENE SMOLEN, Village Clerk Approved as to form: CHARLENE SMOLLEN, Village Clerk JOH F. PIAZZ , V Ila • - rsident JOHN ANTONOPOULOS, Village Attorney Illinois Department of Transportation Division of Highways /Region One / District One 201 West Center Court/Schaumburg, Illinois 60196 -1096 LOCAL ROADS AND STREETS Local Agency Agreement for Federal Participation — Phase II Village of Lemont Route: FAU 1024/Derby Road: 13185 Street to Archer Avenue Section No.: 08- 00040 -00 -RS Project No.: M- 8003(974) Job No.: D -91- 353 -08 Cook County April 8, 2008 Mr. Gary C. Holmes Village Administrator Village of Lemont 418 Main Street Lemont, IL 60439 -3788 Dear Mr. Holmes: Enclosed are six (6) copies of the Local Agency Agreement for Federal Participation for the above - referenced project. We request that the Mayor sign all copies of the Agreement with original signature and return five (5) copies to this office for final processing. In addition, please include a Location Map as Addendum #1 with each copy. Please note that the Local Agency Appropriation will be $35,000.00, which is the Total Cost of Phase II Engineering. If you have any questions or need additional information, please contact Temi Latinwo, Agreement Technician, at (847) 705 -4179 or via email at DOTD1BLRS @dot.il.gov. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer C By: Christopher J. Ho1N, P.E. Bureau Chief of Local Roads and Streets Enclosures cc: James Cainkar, P.E., President, Frank Novotny and Associates, Inc. w /encl. Illinois Departrnent 0 of 1h3nsportation Local Agency Agreement for Federal Participation Local Agency Village of Lemont State Contract Day Labor Local Contract X RR Force Account Section 08- 00040 -00 -RS Fund Type STU ITEP Number Construction Engineering Right- of -Wav Job Number Project Number Job Number Project Number Job Number Project Number D -91- 353 -08 M- 8003(974) This Agreement is made and entered into between the above local agency hereinafter referred to as the °LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans 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 ". Local Name Derby Road Location Termini 131St Street (FAU 1593) to Archer Avenue (FAP 577) Route FAU 1024 Length 0.92 Miles Current Jurisdiction Village of Lemont Existing Structure No N/A Project Description All Preliminary Engineering Phase II required for a resurfacing project. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non - Participating Construction ( ) ( ) ( ) Preliminary Engineering — Phase II 24,500 ( ) ( ) 10,500 ( BAL ) 35,000 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) TOTAL $ 24,500 $ $ 10,500 $ 35,000 `Maximum FHWA (STU) Participation 70% Not to Exceed $24,500.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% 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) Printed on 4/8/2008 Page 1 of 4 BLR 05310 (Rev. 03/26/08) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles 11 and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private, in accordance with the current 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 FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the proposed improvement. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% 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 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 4/8/2008 Page 2 of 4 BLR 05310 (Rev. 03/26/08) (8) (9) (10) (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 govemmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal . appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A -133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right -of -way, utility work and /or construction work: Printed on 4/8/2008 Page 3 of 4 BLR 05310 (Rev. 03/26/08) (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to fumish 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) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) 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 Mao (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED Name John F. Piazza Title Village President Signature Date APPROVED State of Illinois Department of Transportation County Board hairperson /Mayor/Village President/etc. Milton R. Sees, Secretary of Transportation TIN Number 36- 6005968 Date Christine M. Reed, Director of Highways/Chief Engineer NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen J. Schanzle- Haskins, Chief Counsel said appointed official to execute this agreement is required. Ann L. Schneider. Director of Finance and Administration Printed on 4/8/2008 Page 4 of 4 BLR 05310 (Rev. 03/26/08) ADDENDUM #1 - -0■E—z —�■C z LOCATION MAP N z g 3< bg Printed on 4/4/2008 Page 5 of 5 5 BLR 05310 (Rev. 03/26/08)