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R-252-93 Resolution Authorizing Adoption of a Local Agency Agreement with the Illinois Department of Transportation for Funding Phase 2 Design Engineering of State/Illinois Intersection ImprovementsITEM VI.C.2 RESOLUTION 252 RESOLUTION AUTHORIZING ADOPTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FUNDING PHASE II DESIGN 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 80% of the cost of engineering this project, with the Village of Lemont funding 20 %; and WHEREAS, The Village has selected Midwest Consulting Engineers to perform all construction engineering on 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, WIT L, AND DU PAGE, ILLINOIS, ON THIS 22nd DAY OF February , 1993. Kenneth Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert AYES NAYS PASSED ABSENT x x x x x yzdie., 271 x CHARLENE M. SMOLLEN, Village Clerk Approved by me this 22nd day of February , 1993. Attest: Charlene M. Smolien, Village Clerk KW NESKI, Mayor Pro -Tem Municipality Township Lemont (V) County It inois Department o TrnEngineering ortation age Locl Ancrt For Federal Participation Section 92- 00017- 00 —el! Fund Type STP State Contract Day Labor ( Local Contract 1 RR Force Account % I 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. Name State Street Termini At Illinois Street Location Route FAD 2632 Length — Miles Project Description Existing Str. No N/A All Preliminary (Phase II) Engineering required for the intersection improvement and all incidental work required to complete the project. Division of Cost Type of Work FHWA % State % LA % Total Participating Construction $ ( )$ ( )$ ( )$ Non - Participating Construction $ ( )$ ( )$ ( )$ Preliminary Engineering $ 20,800 ( 80.00)$ ( )$ 5,200 (20.00 )$ 26,000 Construction Engineering $ ( )$ ( )$ ( )$ Right of Way $ ( )$ ( )$ ( )$ Railroads $ ( )$ ( )$ ( )$ Utilities $ ( )$ ( )$ ( )$ Sub Total $ $ $ $ Other Funding Not Included Above 20,800 $ 5,200 26,000 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 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 - -- 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 Deaartment Use OnI Construction Engineering Right -of -Way Job Number Project Number Job Number Project Number Job Number Project Number D -91- 039 -92 STPM- 6003(946) IL 494 -0327 BLR 4251 (Rev. 4/91) 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 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 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 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 union _final -rusts • 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 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 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 STATES 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. Addendum # 1 — Changes in Agreement Provisions. (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 Richard A. Kwasneski .r) Title Villa County/Bo Signature President Pro —Tem d Chairper . your /V• !age President/etc. By State of Illinois Department of Transportation Director of Highways Date Page 3 of 3 IL 494 -0327 BLR 4251 (Rev. 4/91) 64191 ADDENDUM #1 AN ADDENDUM TO THE JOINT VILLAGE -STATE AGREEMENT FOR PROJECT STPM- 6003(946) IN THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS CHANGES IN "AGREEMENT PROVISIONS" I. Under "THE LOCAL AGENCY AGREES ": 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. -4- 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 Village of Lemont State Street at Illinois Street Section: 92- 00017 -00 -CH Project No.: STPM- 6003(946) Job No.: D -91- 039 -92 Cook County February 10, 1993 Mr. Steve Jones Village of Lemont 418 Main Street Lemont, IL. 60439 -3788 Dear Mr. Jones: DATE RECEIVED ADMIN. Enclosed herewith are six (6) copies of the Design Engineering Joint Agreement for the subject project. Please: 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 this office along with the "LOCAL AGENCY APPROPRIATION ". Please note that the Local Agency Appropriation will be $26,000. Very truly yours, Duane P. Carlson, P.E. District Engineer By �qq Nancy L.: agnus P. ,%�� Bureau Chief Local Roads And Streets NM /SP /jk cc: Kevin Kell- Midwest Consulting Engineers Enclosures 64201 Mayor Joseph S. Forzley Village Clerk Charlene M. Smollen Administrator Steven A. Jones February 23, 1993 LEMONT Village of Faith 418 Main Street • Lemont, IL 60439-3788 (708) 257 -1550 Fax (708) 257-1598 Mr. Duane Carlson, P.E. District Engineer/District 1 Illinois Department of Transportation 201 West Center Court Schaumburg, IL 60196 -1096 Attention: Ms. Nancy L. Magnus, P.E. Bureau of Local Roads and Streets Reference: Dear Nancy: Illinois Street /State Street Intersection Section No. 92- 00017 -00 -CH Project No. STPM -6003 (945) Village of Lemont, Cook County Trustees Kenneth Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert This letter is to inform you of our selection of Midwest Consulting Engineers/Dames & Moore, Inc., 1701 Golf Road, Ste. 404, Rolling Meadows, IL, as the Consultant for the reference project. The Village of Lemont currently lacks sufficient in -house staff to perform necessary design engineering required for the Illinois /State Street Improvement project. Midwest Consulting Engineers, Inc. has been selected to perform the required work based on an evaluation of the firm's qualifications and abilities; furthermore, the firm has performed very competently on the Stephen Street and State Street Bridge contracts and as such is knowledgeable of the issues and concerns of the Village with respect to the project area. The contract for Engineering Services which has been negotiated between the Village and the Consultant reflects a fair and reasonable compensation, taking into account the estimated value, scope, complexity and professional nature of the services to be rendered. The Village of Lemont is looking forward to participating with the Illinois Department of Transportation in this project. Should you have any questions, please call. Sincerely, St A. Jone ge Admin cc: Kevin Kell, Midwest Consulting Engineers/Dames & Moore, Inc.