R-1850 - 01/14/2020 - AGREEMENTS - Resolutions Supporting Documents (3)Illinois Department of Transportation
2300 South Dirksen Parkway/Springfield,Illinois 162764
June 12,2020
Ms.Charlotte Pruss
Village Clerk
1200 Oak Brook Road
Oak Brook,Illinois 60523
Subject: Village: Oak Brook
Section: 17-00049-00-PV
Project: BFN9(911)
Job: C-91-007-18
Joint Agreement
Dear Ms.Pruss:
The department executed the subject agreement on June 11,2020. A copy is
enclosed.
Sincerely,
J.Az;—
Gregory S.Lupton,P.E.
Local Project Implementation Engineer
Enclosure
cc: Gopal G.Lalmalani,Village President
Anthony Quigley-Region 1 Attn: Chad Riddle-District 1
Attn:Programming(Jeanne.Dennison@illinois.gov)
Attn:Project Control(Sara.Reynolds@illoois.gov)
Tim Kell(Attn:Shona.Ayers@illinois.gov)
Local Public Agency Agreement o aIllinoisDepartmentJY9
0
of Transportation for Federal Participation
LOCAL PUBLIC AGENCY
Local Public Agency CountV Section Number
Village of Oak Brook DuPage 17-00049-00-PV
Fund Type ITEP, SRTS, HSIP Numbers MPO Name MPO TIP Number
STU/CMAQ N/A CMAP 08-17-0002
Construction on State Letting Construction Local Letting Day Labor Local Administered Engineering Right-of-Way
Construction Engineering Right of Way
Job Number Project Number Job Number Project Number Job Number Project Number
C-91-007-18 I BFN9(911) 11 1
This Agreement is made and entered into between the above local public agency,hereinafter referred to as the"LPA"and the State of
Illinois,acting by and through its Department of Transportation, hereinafter referred to as"STATE".The STATE and LPA jointly propose to
improve the designated location as described below.The improvement shall be consulted in accordance with plans prepared by,or on
behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal
Highway Administration, hereinafter referred to as"FHWA".
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
York Road FAU 2678A 0.27 mile 7.00 7.27
Location Termini
Roosevelt Road to Harger Road
Current Jurisdiction Existing Structure Number(s) Add Location
IDOT, Village of Oak Brook, ISTHA N/A 71 Remove
LOCATION
Stationing
Local Street/Road Name eV Route Lencith From To
Harger Road FAU 1446 0.11 mile 1.05 1.16
Location Termini
Westbound 1-88 Entrance to York Road
Current Jurisdiction Existing Structure Number(s) Add Location
Village of Oak Brook N/A Remove
PROJECT DESCRIPTION
The project involves reconstruction of Harger Road at a new alignment and providing widening at York Road to
improve the existing intersection at York Road and Harger Road. As part of the project the Salt Creek Trail will
be realigned to cross under Harger Road through an underpass. The items of work include pavement
reconstruction, resurfacing, and widening, underpass structure, HMA bike paths, retaining walls, storm sewers,
earth excavation, erosion control, landscaping, tree removal, proposed trees, lighting improvements and signal
improvements.
LOCAL PUBLIC AGENCY APPROPRIATION -REQUIRED FOR STATE LET CONTRACTS
By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to
fund the LPA share of project costs.A copy of the authorizing resolution or ordinance is attached as an addendum.
METHOD OF FINANCING-(State-Let Contract Work Only)
Check One
METHOD A-Lump Sum(80%of LPA Obligation
Printed 04/01/20 Page 1 of 6 BLR 05310(Rev.10/03/19)
Lump Sum Payment-Upon award of the contract for this improvement,the LPA will pay the STATE within thirty(30)calendar days of
billing, in lump sum,an amount equal to 80%of the LPA's estimated obligation incurred under this agreement.The LPA will pay to the
STATE the remainder of the LPA's obligation(including any nonparticipating costs)in a lump sum within thirty(30)calendar days of billing
in a lump sum, upon completion of the project based on final costs.
METHOD B- Monthly Payments of due by the of each successive month.
Monthly Payments-Upon award of the contract for this improvement,the LPA will pay to the STATE a specified amount each month for
an estimated period of months,or until 80%of the LPA's estimated obligation under the provisions of the agreement has been paid.The
LPA will pay to the STATE the remainder of the LPA's obligation(including any nonparticipating costs)in a lump sum,upon completion of
the project based upon final costs.
METHOD C- LPA's Share Balance divided by estimated total cost multiplied by actual progress payment.
Progress Payments-Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LPA will pay to the
STATE within thirty(30)calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated
total cost multiplied by the actual payment(appropriately adjust for nonparticipating costs)made to the contractor until the entire obligation
incurred under this agreement has been paid.
Failure to remit the payment(s)in a timely manner as required under Methods A, B, or C shall allow the STATE to internally offset, reduce,
or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this
or any other contract.The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset
System(15 ILCS 405/10.05)or take such other and further action as may be required to recover the debt.
THE LPA 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 LPA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied.The disposition of encroachments, if any,will be
cooperatively determined by representatives of the LPA,the 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 Public 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,a jurisdictional addendum is required.
5.To maintain or cause to be maintained the completed improvement(or that portion within its jurisdiction as established by
addendum referred to in item 4 above)in a manner satisfactory to the STATE and the FHWA.
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 final project close out by the STATE,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 STATE.The LPA agrees to cooperate fully with any audit conducted by the Auditor General,the STATE,
and to provide full access to all relevant materials.Failure to maintain the books, records, and supporting documents required by
this section shall establish presumption in favor of the STATE for 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.
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.(Local Contracts or Day Labor)To provide or cause to be provided all of the initial funding,equipment, labor, material and
services necessary to complete the project.
11. (Preliminary Engineering)In the event that right-of-way acquisition for,or 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 FHWA
authorization,the LPA will repay the STATE any Federal funds received under the terms of this agreement.
12. (Right-of-Way Acquisition)In the event construction has not commenced by the close of the twentieth fiscal year following FHWA
authorization using right-of-way acquired this agreement,the LPA will repay the STATE any Federal Funds received under the
terms of this agreement.
13. (Railroad Related Work)The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/
railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the
appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with
the Division of Cost.
14.Certifies to the best of its knowledge and belief that it's 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,
Printed 04/01/20 Page 2 of 6 BLR 05310(Rev. 10/03/19)
State or local)transaction or contract under a public transaction;violation of Federal or State antirust 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 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.
15.To include the certifications,listed in item 14 above,and all other certifications required by State statutes,in every contract,
including procurement of materials and leases of equipment.
16.(STATE Contracts).That execution of this agreement constitutes the LPA'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 LPA'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,ban,or cooperative agreement,the undersigned shall
complete and submit standard form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions.
c.The LPA shall require that the language of this certification be included in the award documents for all subawards(including
subcontracts,subgrants and contracts under grants,loans and cooperative agreements),and that all subrecipients shall certify
and disclose accordingly.
18.To regulate parking and traffic in accordance with the approved project report.
19.To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes.
20.To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with the current Illinois Compiled Statutes.
21.To comply with the federal Financial Integrity Review and Evaluation(FIRE)program,which requires States and subrecipients to
justify continued federal funding on inactive projects.23 CFR 630.106(a)(5)defines an inactive project as a project in which no
expenditures have been charged against federal funds for the past twelve(12)months.
22.(Reimbursement Requests)For reimbursement requests the LPA will submit supporting documentation with each invoice.
Supporting documentation is defined as verification of payment,certified time sheets or summaries,vendor invoices,vendor
receipts,cost plus fix fee invoice,progress report,personnel and direct cost summaries,and other documentation supporting the
requested reimbursement amount(Form BLR 05621 should be used for consultant invoicing purposes).LPA invoice requests to
the STATE will be submitted with sequential invoice numbers by project.
23.(Final Invoice)The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting
documentation of all incurred costs,less previous payments,no later than twelve(12)months from the date of completion of work
or from the date of the previous invoice,which ever occurs first.If a final invoice is not received within this time frame,the most
recent invoice may be considered the final invoice and the obligation of the funds closed.Form BLR 05613(Engineering Payment
Record)is required to be submitted with the final invoice on the engineering projects.
24.(Project Closeout)The LPA shall provide the final report to the appropriate STATE district office within twelve(12)months of the
physical completion date of the project so that the report my be audited and approved for payment.If the deadline cannot be met,
a written explanation must be provided to the district prior to the end of the twelve(12)months documenting the reason and the
new anticipated date of completion.If the extended deadline is not met,this process must be repeated until the project is closed.
Failure to follow this process may result in the immediate close-out of the project and loss of further funding.
25.(Project End Date)For Preliminary Engineering projects the end date is ten(10)years from the execution date of the agreement.
For Right-of-Way projects the end date is fifteen(15)years from the execution date of the agreement.For Construction projects
the end date is five(5)years for projects under$1,000,000 or seven(7)years for projects over$1,000,000 from the execution
date of the agreement.Requests for time extensions and joint agreement amendments must be received and approved prior to
expiration of the project end date.Failure to extend the end date may result in the immediate close-out of the project and loss of
further funding.
26.(Single Audit Requirements)That if the LPA expends$750,000 or more a year in federal financial assistance they shall have an
audit made in accordance with 2 CFR 200.LPA's expending less than$750,000 a year shall be exempt from compliance.A copy
of the audit report must be submitted to the STATE(Office of Internal Audit,Room 201,2300 South Dirksen Parkway,Springfield,
Illinois,62764)within 30 days after the completion of the audit,but no later than one year after the end of the LPA's fiscal year.
The CFDA number for all highway planning and construction activities is 20.205.
27.That the LPA is required to register with the System for Award Management or SAM,which is a web-enabled government-wide
application that collects,validates,stores,and disseminates business information about the federal government's trading partners
in support of the contract award and the electronic payment processes.To register or renew,please use the following website:
bttps://www.sam.00v/SAM/
28.(Required Uniform Reporting)To comply with the Grant Accountability and Transparency Act(30 ILCS 708)that requires a
uniform reporting of expenditures.Uniform reports of expenditures shall be reported no less than quarterly using IDOT's BoBS
2832 form available on(DOT's web page under the"Resources"tab.Additional reporting frequency may be required based upon
specific conditions,as listed in the accepted Notice of State Award(NOSA).Specific conditions are based upon the award
recipient/grantee's responses to the Fiscal and Administrative Risk Assessment(ICQ)and the Programmatic Risk Assessment
Printed 04/0120 Page 3 of 6 BLR 05310(Rev.10/03/19)
PRA).
NOTE: Under the terms of the Grant Funds Recovery Act(30 ILCS 705/4.1),"Grantor agencies may withhold or suspend the
distribution of grant funds for failure to file requirement reports"if the report is more than 30 calendar days delinquent,without any
approved written explanation by the grantee,the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee
Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/
Resourcel-i bra ry.aspx)
THE STATE AGREES:
1. To provide such guidance,assistance,and supervision to monitor and perform audits to the extent necessary to assure validity of
the LPA's certification of compliance with Title II and III Requirements.
2. (State Contracts)To receive bids for 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 LPA to proceed with the construction of the improvement when agreed unit prices are approved,
and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the agreed unit prices
and engineer's pay estimates in accordance with the division of cost page.
4. (Local Contracts)For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or construction
work:
a.To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payments by the LPA;
b.To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by
STATE inspectors for steel,cement,aggregate,structural steel,and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction and federal Buy America provisions.
2. 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 within one(1)year of the date of execution of this agreement.
3. This agreement shall be binding upon the parties,their successors and assigns.
4. For contracts awarded by the LPA,the LPA 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 LPA 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 LPA'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 STATE 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.0 3801 et seq.). In the
absence of a USDOT-approved LPA 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.
5. In cases where the STATE is reimbursing the LPA,obligation 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.
6. 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 sea.)unless the provisions of the act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
X 1 1. Location Map
X I 2. Division of Cost
X 13. LPA Appropriation Resolution
X 4. Maintenance
X 5. GATA Reporting
Add Row 16 J!5 lkPk on5kcvc c`l t-f l'
Printed 04/01/20 Page 4 of 6 BLR 05310(Rev.10/03/19)
The LPA 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
State of Illinois
Local Public Agency Department of Transportation
Name of Official Print or Type Name Omer Osman P.E.,Acting Secreta Date
Gopal G. Lalmalani
01 1 WTitleofOfficial
Village President
By.
Si nature Date Director of Planning &Programming Date
A114
Director of Planning&Programming Date
The above signature certifies the agency's Tin number is
366009534 conducting business as a Governmental Entity.
Duns Number 038513818 Philip C. Kaufmann, Chief Counsel Date
4
Chief Fiscal Officer CFO Date
114
NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement is required.
Printed 04/01/20 Page 5 of 6 BLR 05310(Rev. 10/03/19)
ADDENDA NUMBER 2
Local Public Agency County Section Number
Village of Oak Brook DuPage 17-00049-00-PV
Construction Engineering Right of Way
Job Number Project Number Job Number Project Job Number Project Number
C-91-007-18 IBFN9(911) L
DIVISION OF COST
Federal Funds State Funds Local Public Agency
Type of Work Fund Type Amount Fund Type Amount Fund Type Amount Totals
Participating Construction STU 1,843,600.00 * LOCAL 1,508,400.00 BAL 3,352,000.00
Construction Engineering STU 184,360.00 * LOCAL 150,840.00 BAL 335,200.00
Participating Construction CMAQ 2,119,910.00 ** LOCAL 1,331,190.00 BAL 3,451,100.00
Construction Engineering CMAQ 211,990.00 ** LOCAL 133,910.00 BAL 345,900.00
Non-Participating Construction LOCAL 8,100.00 100% 8,100.00
Totall $4,359,860.001 Total Totall $3,132,440.00 7,492,300.00
Add
If funding is nota percentage of the total place an asterisk * in the space provided for the percentage and explain below:
Maximum FHWA(STU) Participation 70% Not to Exceed $2,027,960
Maximum FHWA (CMAQ) Participation 80% Not to Exceed$2,331,900
Non-Participating Construction consists of but not limited to Pre-Construction Video Taping, Drainage System Cleaning
NOTE:The costs shown in the Division of Cost table are approximate and subject to change.The final LPA 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 reimbursement.
Printed 04/01/20 Page 6 of 6 BLR 05310(Rev.10/03/19)
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Addendum No. 3
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2020-IDOT-FUND-R-1850
A RESOLUTION REGARDING
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK, ILLINOIS AND THE
STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
IN RELATION TO FUNDING OF SECTION NUMBER
17-00049-00-PV FOR IMPROVING AN INTERSECTION AT
NORTH YORK ROAD AND HARGER ROAD WITH
NEW UNDERPASS STRUCTURE AT SALT CREEK TRAIL
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 14th day of January, 2020
Addendum No.3
RESOLUTION 2020-IDOT-FUND-R-1850
A RESOLUTION REGARDING
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK,ILLINOIS AND THE
STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
IN RELATION TO FUNDING OF SECTION NUMBER
17-00049-00-PV FOR IMPROVING AN INTERSECTION AT
NORTH YORK ROAD AND HARGER ROAD WITH
NEW UNDERPASS STRUCTURE AT SALT CREEK TRAIL
WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for
and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain
functions pertaining to its local government and affairs;
WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval
of the corporate authorities may enter into an Agreement with another party pursuant to Illinois
Statute;
WHEREAS,Article VII,Section 10 of the Illinois Constitution of 1970 authorizes units of
local government,including municipalities,to contract to exercise,combine or transfer any power
or function not prohibited to them by law or ordinance;
WHEREAS,the"Intergovernmental Cooperation Act"(5 ILCS 220/1 et seq.)authorizes
units of local government to exercise jointly with any public agency of the State,including other
units of local government,any power,privilege or authority which may be exercised by a unit of
local government individually,and to enter into contracts for the performance of governmental
services,activities and undertakings;
WHEREAS,the"Intergovernmental Cooperation Act",5 ILCS 220/1 et seq.,provides that
any power or powers,privileges or authority exercised or which may be exercised by a unit of
local government may be exercised and enjoyed jointly with any other unit of local government;
WHEREAS,Section 5 of the"Intergovernmental Cooperation Act",5 ILCS 220/5,provides
that any one or more public agencies may contract with any one or more public agencies to
perform any governmental service, activity or undertaking which any of the public agencies
entering into the contract is authorized by law to perform,provided that such contract shall be
authorized by the governing body of each party to the contract;
WHEREAS,the parties hereto are units of local government as defined by the Constitution
of the State of Illinois,1970,Article VII,Section 10,and the Intergovernmental Cooperation Act;
WHEREAS,the Village is improving an intersection at North York Road and Harger Road
with the new underpass structure at salt Creek Trail;
WHEREAS,the cost of said improvement has necessitated the use of federal funds;
WHEREAS,the federal fund source requires a match of local funding;and
2
Addendum No.3
WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in
the best interests of the Village of Oak Brook to enter into the attached agreement for the purposes
referenced herein.
NOW,THEREFORE,BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows:
Section One—Recitals
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as
contained in the preamble to this Resolution are full,true and correct and do hereby,by reference,
incorporate and make them part of this Resolution as legislative findings.
Section Two—Approval of Agreement
The Village hereby approves the Agreement,substantially in the form attached hereto and
made a part hereof collectively as Exhibit A,which authorizes the allocation of three million one
hundred thirty two thousand four hundred forty dollars($3,132,440.00)to match federal funds in
the completion of Section Number 17-00049-00-PV.
Section Three—Authorization and Direction
The Village Manager is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the Agreement,substantially in the form of such agreement attached hereto
as Exhibit A,with such changes therein as shall be approved by the Village Attorney and the
officials of the Village executing the same,their execution thereof to constitute exclusive evidence
of their approval to any and all changes or revisions therein from and after the execution and
delivery of such Agreement.
Section Four-Other Actions Authorized
The officers,employees and/or agents of the Village shall take all actions necessary or
reasonably required to carry out and give effect to the intent of this Resolution and otherwise to
consummate the transactions contemplated herein, and shall take all actions necessary in
conformity therewith including, without limitation, the execution and delivery of all documents
required to be delivered in connection with the transaction contemplated herein.
Section Five-Authorization of Expenditures
The Corporate Authorities hereby authorize and direct the expenditure of all costs related
to the execution of the Agreement,additionally,the Village is authorized and directed to allocate
and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution.
Section Seven-Acts of Village Officials
That all past,present and future acts and doings of the officials of the Village that are in
conformity with the purpose and intent of this resolution are hereby, in all respects, ratified,
approved,authorized and confirmed.
3
Addendum No.3
Section Eight—Effective Date
This resolution shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Section Nine-Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Ten—Conflict Clause
All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
Section Eleven—Saving Clause
If any section,paragraph,clause or provision of this resolution is declared by a court of
law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the
validity of any other provisions of this resolution,which are hereby declared to be separable.
Section Twelve—Recording
This resolution shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
APPROVED THIS 14th day of January,2020
Gopal G.Lalmalani
Village President
PASSED THIS 14th day of January,2020
Ayes: Trustees Baar,Cuevas,Manzo,Tiesenga,Yusuf
Nays: None
Absent: None
PGE
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ATTEST:
9
f
o j Charlotte K.Pruss
Village Clerk
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ADDENDUM#4
An addendum to the Local Agency Agreement
Village of Oak Brook
FAU 2678A/York Road&
FAU 1446/Harger Road
Section No.:17-00049-00-PV
Job No.:C-91-007-18
CHANGES IN"AGREEMENT PROVISIONS"
UNDER"IT IS MUTUALLY AGREED":
The following items are added:
7. The LPA agrees to assume responsibility for the administration,control,reconstruction and
maintenance of the shared use path.The LPA further agrees to indemnify and hold harmless the State,
its officers,employees,and agents from any and all claims,lawsuits,actions,costs,and fees(including
reasonable attorney fees and expenses)of every nature and description arising from,growing out of,or
connected with the operation of the shared use path.
If,in the future,the STATE adopts a roadway or traffic signal improvement which requires modification,
relocation or reconstruction to said shared use path,then the LPA hereby agrees to be financially
responsible for its proportionate share of costs to modify,relocate or reconstruct said shared use path in
conjunction with the STATE's proposed improvement.
All provisions,conditions,restrictions and requirements of this agreement shall be binding upon and inure
to the benefit of the successors,assigns,administrators,executors or heirs of the parties hereto
Addendum 5
Grant Accountability and Transparency Act(GATA)
Required Uniform Reportina
The Grant Accountability and Transparency Act(30 ILCS 708),requires a uniform reporting of
expenditures. Uniform reports of expenditures shall be reported no less than quarterly using
IDOT's BoBS 2832 form available on IDOT's web page under the"Resources"tab.
Additional reporting frequency may be required based upon specific conditions,as listed in the
accepted Notice of State Award(NOSA). Specific conditions are based upon the award
recipient/grantee's responses to the Fiscal and Administrative Risk Assessment(ICQ)and the
Programmatic Risk Assessment(PRA).
PLEASE NOTE: Under the terms of the Grant Funds Recovery Act(30 ILCS 705/4.1),"Grantor
agencies may withhold or suspend the distribution of grant funds for failure to file requirement
reports"if the report is more than 30 calendar days delinquent,without any approved written
explanation by the grantee,the entity will be placed on the Illinois Stop Payment List.(Refer to
the Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List:
httos://www.illinois.aov/sites/GATA/Paaes/ResourceLibrary.asox)
No-W-
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
Construction Permit Permit No. EW20-014
Village of Oak Brook
1200 Oak Brook Road i
Oak Brook, IL 60521
Permission to perform work within Tollway right-of-way as described below:
Realignment of the Salt Creek bicycle/pedestrian path previously f
installed under Permit No. TS 00-29 to and pass under Harger Road
in a tunnel. The path will be realigned and reconstructed on parcel
T6A-136.5 and is located between I-88, York Road, Harger Road and
the Harger Road entrance ramp. All work in accordance with Contract
61G16.
Location of Work: 1-88 Crossroad: York Rd Milepost: 138.9 County: Du Page
It is understood that the work authorized by this permit shall be completed in accordance with the above
description and attachments by December 31,2021. All work within the Tollway right-of-way shall be
performed between the hours of 6:00 am and 7:00 pm,except as otherwise directed by the Chief Engineering
Officer of the Tollway.
This permit is hereby accepted and agreed to this day of /3f/KJ
Signed
illage of Oak Brook
Approved this 13 41%
day of i:'ti .gat' 2osa —
By:f' '---e
Chief Engineering Officer
Illinois Tollway
Permit No. EW20-014
This permit is subject to the following terms and conditions: q14
1.All work within the Tollway right-of-way shall be performed in accordance with the latest
edition of the Illinois State Toll Highway Authority Standard Specifications.
2.The permittee shall provide a surety bond to guarantee compliance with the conditions of this
permit.Said bond shall be filed with the Tollway on the Bond form provided and be in form and
amount acceptable to the Tollway prior to issuance of this permit.
3.Maintenance of traffic procedures used on the tollway shall conform to the standard practices
for traffic control as outlined in the special provisions for the project,the Illinois State Toll
Highway Authority Standard Specifications, the Illinois Tollway Traffic Control Manual and
any additional requirements as directed by the Illinois State Toll Highway Authority.Traffic
control fines and penalties specified in the Tollway's Standard Specifications shall be imposed
for any infractions for which notice is given to permittee and which remain uncorrected within
thirty minutes following said notice. Notice for purposes of this paragraph shall be defined as
any communication,written or oral,between the Authority,its agents or representatives and the
permittee,its agents or representatives that identifies an infraction and requests correction of
said infraction.No notice shall be required to assess traffic control fines and penalties for
i subsequent infractions of the same type that have been identified.
4.To request permission to close a lane or shoulder,visit the 111inois Tollway website at
Illinoistollway.com and choose the following options: Doing Business>Construction and
f) Engineering>Manuals>Illinois Tollway Lane Closure Reference Guide and follow the
instructions. i
i P restored a 9 P if t
5.All disturbed area within Tollway right-of-way shall b.. in accordance with .he 11 ...ois
State Toll Highway Authority Standard Specifications.
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r
IG, 6.Certificates of Insurance showing the Authority as additional names insured shall be filed with
f l,l---- a a
the"1 ollway prior to issuance of this Permit and commencement of any work.T!ie M4n101s t>stC
Toll Highway Authority shall be named as an additional insured party in all liability insurance
coverage required for the work
n The permittee jiat1a Pv pain vcultaes
Lv•
r_.Store equipment and materials within Tollway
n
right of
Way,Yermlttee Shall nVI 1fiVr any ve011lC,IIIYIIIIIIC vi c{iiNuclALrVJJ yr aFaiTi$t auc a ,,aalv
of traffic on the Tollway.Permittee is not authorized to use tollway turnarounds(crossovers) or
access the tollway from a tollway oasis or toll plaza. Permittee is required to pay all tolls.
1 ' a n -»:as 1. 11. lo f nY {oll roteCf,i_n,iamnifv anti cava harminec the Tnllwgv_
O.a ermiaatee shall be responsible or an.y •, I
1YL .__a
4s enipioyees,o icers and
agcni-
lath:-iM-11-y-Uflld$..i habi.iiiJ,luz4i,. ., 7_ r __
j- claims,actions and suits of every kind and character,whether for financial losses,damage to
property or injury to or death of any person whomsoever,arising or claiming to arise from any
actions or inaction's of permittee,its employees, agents and contractors to the fullest extent
permitted by law,and liability shall not be limited by any insurance or bond required or
provided by permittee.
9.Nothing herein contained shall be construed as prohibiting the Authority, its officers,el„ployees
and agents from defending any claims,actions or suits brought against the Authority based on
alleged actions or inaction of permittee,or its employees,agents or contractors.
10. Permittee shall not perform any underground operations on Authority property without
locating tollway facilities and utility facilities owned by others.Request locates online at
www.illinoi-svirtkialto—Ilway,com/D b gUtWltt'sa,;3.
2
any:.
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