R-256-93 Resolution Authorizing Adoption of a Local Agency Agreement with the Illionois Department of Transportation for Funding Construction and Construction Engineering of State/Illinois Intersection ImprovementsITEM VI.B.
RESOLUTION cq 5 67
RESOLUTION AUTHORIZING ADOPTION OF A LOCAL AGENCY
AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR FUNDING CONSTRUCTION AND CONSTRUCTION ENGINEERING
OF STATE /ILLINOIS INTERSECTION IMPROVEMENTS
WHEREAS, the Illinois Department of Transportation and Village of Lemont have
committed resources to reconstruct the State & Illinois Street intersection; and
WHEREAS, the Illinois Department of Transportation has agreed to participate in
funding 100% of construction and 80% of the cost of engineering this project.
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 DAY OF , 1993.
Kenneth Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
AYES NAYS PASSED ABSENT
C�H�ARLENE M. SMOLLEN, Village Clerk
Approved by me this (t�/yl,6( day of %�1a2� _ , 1993.
Charlene M. Smollen, Village Clerk
Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court/Schaumburg, Illinois /60196 -1096
LOCAL ROADS AND STREETS
Joint Agreement For Federal Project
Lemont
State Street at Illinois Street
Section: 92- 00017 -00 -CH
Project No.: STPM- 6003(947)
Job No.: C -91- 039 -92
Cook County
March 5, 1993
Mr. Steve Jones
Village of Lemont
418 Main Street
Lemont, IL. 60439 -3788
Dear Mr. Jones:
DATE RECEIVED
ADMIN.
Enclosed are six (6) copies of the Joint Agreement for the
above captioned project. Please be advised that in order for
this project to make the May 21, 1993 letting the executed
agreement must be in this office by April 7, 1993. Please
complete the following:
1. Have the agreement executed by the Village President, sheets
3 and 6.
2. Insert the required information under the section entitled
"LOCAL AGENCY APPROPRIATION" on Page 1.
3. Return five (5) copies (WITH ORIGINAL SIGNATURES) to this
office along with the "LOCAL AGENCY APPROPRIATION" for final
processing.
Please provide the above as soon as possible to enable us to serve
you in a timely manner.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
By
Nancy' . Magnus, P.
Bureau Chief
Local Roads And Streets
NM /SP /jk
cc: Daniel T. Jedrzejak- Midwest Consulting Engineers, Inc.
Enclosures
65541
Municipality Lemont (V)
Township
County
Illinois Department
of Transportation
Local Agency Agreement
For Federal Participation
Section
92- 00017 -00 –CH
Fund Type
STP
State Contract
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 State Street Route FAU 2632 Length – Miles
Termini At Illinois Street
Project Description Existing Str. No N/A
Roadway widening reconstruction and resurfacing; new curb and gutter and sidewalk;
median removal at State Street and new concrete median on Illinois street; storm
sewers and drainage improvements; moderization of traffic signals of State street at
Illinois street; thermoplastic pavement marking and all incidental work to complete
the project.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $ 344,800 (80.00 )$86,200 (20.00)$ ( )$431,000
Non - Participating Construction $ ( )$ ( )$ (100.00$
Preliminary Engineering $ ( )$ ( )$ ( )$
Construction Engineering $ 28,800 (80.00 )$ ( )$ 7,200 (20.00 )$ 36,000
Right of Way $ ( )$ ( )$ ( )$
Railroads $ ( )$ ( )$ ( )$
Utilities $ ( )$ ( )$ ( )$
Sub Total $ 373,600 $ $86,200 $ 7,200 $467,000
Other Funding Not Included Above
Source of Other Funding:
Total Project Cost
$ 467,00
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
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 N- LA's Share $ 7,200 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
C -91- 039 -92
STPM- 6003(947)
Page 1 of 3
IL 494 -0327
BLR 4251 (Rev. 4/91)
Agreement Provisions
, The Local Agency Agrees:
(1) To acquire in its name ail 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 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. Page 2 of 3
IL 494 -0327
BLR 4251 (Rev. 4 -91)
(14) To include the certifications, listed in item 13 above and all other certifications required by State statutes, in every contract. includ-
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 11 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 Business Enterprise
Program.
ADDENDA
Additional information and /or stipulations, if any, are hereby attached and identified below as being a part of this Agreement.
11— Changes in Agreement Provisions; #2— Lobbying Certification.
Addendum
(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 APPROVED
Name
Joseph S. Forzley
State of Illinois
Department of Transportation
Title Village President By
co • Board Chairperson /Mayor /Village President/etc. Director of Highways
Signature
,i&:1/74
/
Date
Page 3 of 3
IL 494 -0327
BLR 4251 (Rev. 4/91)
65561
ADDENDUM #1
AN ADDENDUM TO THE JOINT COUNTY - VILLAGE -STATE AGREEMENT
FOR PROJECT STPM- 6003(947),
LEMONT, COOK COUNTY, ILLINOIS
CHANGES IN "AGREEMENT PROVISIONS"
I. Under "THE LOCAL AGENCY AGREES ":
A. Item (6) is revised to read:
To maintain, for a minimum of 5 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 LOCAL AGENCY agrees to cooperate fully with any
audit conducted by the Auditor General 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.
B. The following item is added:
(15) That execution of this agreement constitutes the LA'S concurrence on the
award of the construction contract to the responsible low bidder as
determined by the STATE.
(16) Upon completion of the improvement and final field inspection by the STATE
the VILLAGE agrees to maintain or cause to be maintained along State Street
and Illinois Street within the VILLAGE limits, along those portions of the
improvement which are not to be maintained by the STATE, including parkways,
manholes, catch basins, storm sewers, utilities and appurtenances. The
VILLAGE will also be responsible for maintenance of crosswalk and stopline
markings.
II. Under "THE STATE AGREES ":
A. The following items are added:
(4) 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.
-4-
Lemont /State St. at Illinois Street
Section: 92- 00017 -00 -CH
Cook County
(5) Upon completion of the improvement and final field inspection by the STATE
and as long as State Street and Illinois Street is used as STATE highway,
the STATE agrees to maintain, the median, the through lanes, the left turn
and right turn lanes and curb and gutter. The STATE will also be
responsible for maintenance of lane line and median line markings.
III UNDER "IT IS MUTUALLY AGREED ":
A. The following items are added:
(5) All traffic control equipment to be used in the traffic signal work
included herein must be approved by the STATE prior to its installation.
The STATE must be notified a minimum of three (3) working days prior to
the final inspection. Final inspection of the signalized intersection
will be made by a representative of the STATE and, if satisfactory,
authorization for turn on will be given.
Upon acceptance by the STATE of the traffic signal work of State Street at
Illinois Street the financial responsibility for maintenance and energy
for the operation of the signals shall continue as outlined in the Master
Agreement dated December 8, 1980.
(6) The STATE will retain the right to control the sequence and timing of the
signals and the signals will be maintained to at least level of
Maintenance II.
ADDENDUM # 2
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Joseph S. Forzley - Village President, hereby certify on behalf of Village of
Lemont that:
(1) 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 Federal grant,
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) 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.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000. and not more than $100,000. for each such failure.
Execu - • this 101'; ck day of , 1993.
By:
Village President
(title of authorized official)
-6-