R-20-98 03/23/98RESOLUTION
RESOLUTION AUTHORIZING ADOPTION OF A
LOCAL AGENCY AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR IMPROVEMENTS TO STATE STREET BETWEEN ILLINOIS STREET AND
PEIFFER AVENUE
WHEREAS, the Illinois Department of Transportation and Village of Lemont have
committed resources to undertake improvements to State Street; and
WHEREAS, the Illinois Department of Transportation has provided a Local Agency
Agreement specifying funding commitments to the project; and
WHEREAS, the Village concurs with terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the
attached Local Agency Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS
ON THIS 23rd DAY OF March , 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
Mary Studebaker
A7'„S NAYS PASSED ABSENT
OA"
ARLENE SMOLLEN, Village Clerk
Approved by me this 23rd day of arch , 1998
Att
HARLENE SMOLLEN, Village Clerk
ASNESKI, Village President
!Local Agency
j Lemont (V)
v
Illinois Department
of Transportation
Local Agency Agreement
For Federal Participation
Section
93- 00021 -00 -PV
Fund Type
STA
State Contract
X
Day Labor
Local Contract
RR Force
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 Transc_•-
tation. hereinafter referred to as "STATE'. The STATE and LA jointly propose to improve the designated location as shown below. The improveme ^t s-a
be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the United Stare_
Federal Highway Administration hereinafter referred to as FHWA.
Location
Name State Street Route FAU 2632 Length 0.874 Miles
Termini
Illinois Sreet to Pfeiffer Avenue
Current Jurisdiction STATE.
Project Description Existing Str. No. N/A
Roadway reconstruction, rehabilitation and earth excavation; storm sewers, sanitary sewers,
and drainage improvement; curb and gutter and sidewalk; raodway lighting; traffic signal
handholes and conduit installation; watermain; thermoplastic pavement markings and all
incidental work to complete the project.
Division of Cost (SEE SHEET 5)
Type of Work FHWA % State % LA % Total
Participating Construction $ ( )$ ( )$ ( )$
Non - Participating Construction $ ( )$ ( )$ ( )$
Prelirninary Engineering $ ( )$ ( )$ ( )$
Construction Engineering $ ( )$ ( )$ ( )$
Right of Way $ ( )$ ( )$ ( )$
Railroads $ ( )$ ( )$ ( )$
Utilities $ ( )$ ( )$ ( )$
Sub Total $ $ $ $
Other Funding Not Included Above $
Source of Other Funding:
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 cost for billing and reimbursement. If funding is 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
The LA on 19 _ . appropriated. by separate resolution, ordinance or road improvement statement. S
to pay the LA's share of the cost and wilt appropriate additional funds, if required to cover the LA's total cost. LA's share of the cost to be
paid with MFT Funds. E Other Funds. To be approved as part of the FY 1998 -99 Budget on
April 15, 1998.
Method of Financing (State Contract Work)
METHOD A -- -Lump Sum (95 °° of LA Obligation) $
METHOD B - Monthly Payments of $
METHOD C .- LA's Share $ 794 , 986 • 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)
Construction
Engineering
Right -of -Way
Job Number Project Number
-C - 9 L_15 245— S.TZ.J- 7 0 0 3 (7-46 )
Job Number Project Number
Job Number l Project Number
Page 1 of 6
IL 494.432-
!Local Aaency
Lemont (V)
Illinois Department
of Transportation
Local Agency Agreement
For Federal Participation
Section
93- 00021 -00 -PV
Fund Type
STA
State Contract
x
Day Labor I Local Contract
RR Force Accc_--
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 Trans:-• -
tation. hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as shown below. The improvement s-a
be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved andior required by the United States
Federal Highway Administration hereinafter referred to as FHWA.
Location
Name State Street Route FAU 2632 Length 0.874 Miles
Termini Illinois Sreet to Pfeiffer Avenue
Current Jurisdiction STATE.
Project Description Existing Str. No. N/A
Roadway reconstruction, rehabilitation and earth excavation; storm sewers, sanitary sewers.
and drainage improvement; curb and gutter and sidewalk; raodway lighting; traffic signal
handholes and conduit installation; watermain; thermoplastic pavement markings and all
incidental work to complete the project.
Division of Cost (SEE SHEET 5)
Type of Work FHWA % State % LA % Total
Participating Construction $ ( )$ ( )$ ( )$
Non - Participating Construction $ ( )$ ( 1$ ( )$
Preliminary Engineering $ ( )S ( )$ ( )$
Construction Engineering $ ( )$ ( )$ ( )$
Right of Way S ( )S ( )S ( )$
Railroads S ( )S ( )S ( )$
Utilities $ ( )S ( )S ( )$
Sub Total $ $ $ $
Other Funding Not Included Above $
Source of Other Funding:
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 cost for billing and reimbursement. If funding is 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
The LA on , 19 — , appropriated, by separate resolution, ordinance or road improvement statement, $
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 $ 794 '966 • 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)
Construction
Job Number Project Number
C- 91- 159 -05 STP'L- 7003(246 )
Engineering Right -of -Way
Job Number Project Number ' Job Number Project Number
Page 1 of 6
IL -'94 2-
Agreement Provisions
THE LOCAL AGENCY AGREES:
;11 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 Polices
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 and 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 priva:e. n
accordance with the current Utility Accommodation Policy For Local Agency Highway and Street Systems.
To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construc : :on
of the proposed improvement.
(3)
(4) To retain jurisidiction of the completed improvement unless specified otherwise by addendum (addendum should be accompan :ed
by a location map).
(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 their respective jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Oders and Federal Highway Acts pursuant to the Equal Employement Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
To maintain, for a minimum of 5 years after the completion of the contract, adequate books, records and supporting documents :o
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and a:l
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General anc
the department; and the LOCAL AGENCY 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 uncer
the contract for which adequate books, records and supporting documentation are not available to support their purported disburse
ment.
(7)
(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 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 :he
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 contractors 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.
(11) (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.
(12) (Preliminary Engineering Only) 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 fifth fiscal year following the fiscal
year n which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agree-
ment.
(13) (Rignt -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.
Page 2_f6
Local Agency
Lemont (V)
Section 93- 00021 -00 —PV
(14) 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 the--
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public ( Fecera;.
State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, locai) 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.
(15) To include the certifications, listed in item 14 above and all other certifications required by State statutes, in every contract.nc!uc-
ing procurement of materials and leases of equipment.
(16) That execution of this agreement constitutes the LOCAL AGENCY'S concurrence in the award of the construction contract to the
responsible low bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY'S certifica-
tion 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 cr
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 cf
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 LOCAL AGENCY shall require that the language of this certification be included in the award documents for all subawards
at all hers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that ail
subrecipients shall certify and disclose accordingly.
(18) To regulate parking and traffic in accordance with the approved project report.
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.
(3) (Day Labor Only) 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 and/or utility work:
(a) To reimburse the LOCAL AGENCY for the Federal and /or State share of engineering, right -of -way and/or utility work on the
basis of periodic billings, provided said billings contain sufficient cost information and, if said services are performed by a
consultant, and show evidence of payment by the LOCAL AGENCY.
(b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by
STATE inspectors of steel. cement, aggregates, structural steel and other materials customarily tested by the STATE.
Page 3 of 4
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
participation and in the event the contract covering the construction work contemplated herein is not awarded within three years
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 unce-
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 opportune.
to participate in the performance of this Agreement. In this regard the STATE/LA shall take all necessary and reasonable steps.
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 subcontracto-s
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 t<-e
Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE'S federally approved Disadvantaged Business Enterprise
Program.
ADDENDA
Additional information and /or stipulations, if any, are hereby attached and identified below as being a part of this Agreement.
Addendum #1— Chances in Agreement Previsions
(Insert NA, if not applicable)(or else 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 Agreemen:
and all addenda indicated above.
APPROVE
Name
Title
Signatur
Richard Kwasneski
V'llage President
hair.ersp /Mayor/Village President/etc.
APPROVED
State of Illinois
Department of Transportation
By-
Director of Highways
Date
Page 4 of
IL 494 -0327
BLR 4251 Rev 5 93
Lemont /State Street
Section: 93- 00021 -00 -PV
Cook County
Type of Work FHWA
Roadway & 953,511. (70.)
Drainage
Sidewalk 105,497. (70.)
Non - Particip.
Constr.
Constr.
Engineering
159,600. (70.)
DIVISION OF COST
STATE
408,647.
(30.)
VILAGE
OA
TOTAL
1,362,158.
22,606. (15.) 22,606. (15.) 150,709.
772,380. (100.) 772,380.*
34,200. (15.) 34,200. (15.) 228,000.
TOTALS $1,218,608. $465,453. $82
$2,513,247.
*Traffic Signals $17,863., Lighting $170,000., Watermain $417,215., Sanitary Sewers $127,630. and Resurfacing Cass Street
$39,672.
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Lemont/State Street
Section: 93- 00021 -00 -PV
Cook County
ADDENDUM #1
An Addendum to the Joint Village -State Agreement
For Project STPM - 7003(246) in the Village of Lemont
Cook County, Illinois
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "THE LOCAL AGENCY AGREES ":
The following items are added:
(19) To pay 100% of the energy cost for the lighting within it's corporate limits
and will be responsible for the maintenance of the lighting after the completion of
the improvement.
(20) To submit to the STATE, for final approval shop drawings of poles,
luminaires, cables, conduits, junction boxes, splicing kits, lamps, ballasts and
other similar items prior to ordering such items.
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