R-1876 - 05/12/2020 - IDOT - Resolutions ITEM 6.C.2
BOARD OF TRUSTEES MEETING
VILLAGE OF UPPER LEVEL CONFERENCE ROOM
OAK BR,_ , K BUTLER GOVERNMENT CENTER
oz� 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees
Meeting of
May 12, 2020
Miiiiiiiiiii
SUBJECT: Illinois Department of Transportation (IDOT) Local Public
Agency Agreement for Federal Participation for the Harger Road
Multi-Use Path and Water Main Project.
FROM: Doug Patchin, Director of Public Works DP
BUDGET SOURCE/BUDGET IMPACT: $814,237 from Roadway
Improvements Account 461-90700
RECOMMENDED MOTION: I move that the Village Board approves a Local
Public Agency Agreement for Federal Participation, BLR 05310 with the Illinois
Department of Transportation for the Harger Road Multi-use Path and Water Main
Project, subject to final Attorney review. Additionally, I move that the Board
approve Resolution R-1876.
Background/History: As part of the 2020 budget,staff proposed the Harger Road
Multi-Use Path and Water Main Project, totaling $2,371,223. In 2019 the Village
received a Federal Highway Administration (FHWA) Congestion Mitigation and
Air Quality (CMAQ) Grant totaling $1,556,986. The Villages portion for this
project is $814,237 ($389,247 for the Multi-use path and $424,990 for the Water
Main).
Recommendation: That the Village Board approves a Local Public Agency
Agreement for Federal Participation, BLR 05310 with the Illinois Department of
Transportation for the Harger Road Multi-use Path and Water Main Project,
subject to final Attorney review. Additionally, I move that the Board approve
Resolution R-1876.
'?G
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2020-IDOT-FUND-R-1876
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 HARGER ROAD MULTI-USE
PATH AND WATER MAIN PROJECT
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 12th day of May, 2020
RESOLUTION 2020-IDOT-FUND-R-1876
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 HARGER ROAD MULTI-USE PATH AND WATER MAIN
PROJECT
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 at 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, Harger Road from 180 feet west of Salt Creek to Yorkshire Woods Road
shall be improved under Illinois Department of Transportation policies and procedures approved
and/or required by the Federal Highway Administration,which work shall include construction of
a multi-use hot-mix asphalt pathway, pedestrian bridge, boardwalk, retaining wall, regrading,
drainage work,water main construction,landscaping,and all other incidental and collateral work
necessary to complete the project designated as Section 19-00050-00-BT;
WHEREAS,the cost of said improvement has necessitated the use of federal funds;
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WHEREAS,the federal fund source requires a match of local funding;and
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 seven hundred
and thirty-six thousand seven hundred and thirty-seven dollars($814,237)for said improvement
from the Roadway Improvements Fund but which share is dependent on the final Federal and
State participation under the Congestion Mitigation and Air Quality Improvement Program
(CMAQ), and the actual costs will be used in the final division of cost for billing and
reimbursement.
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.
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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.
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.
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APPROVED THIS 12'"day of May,2020
Gopal G.Lalmalani
Village President
PASSED THIS 12111 day of May,2020
Ayes: Trustee Bear,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf
Nays: None
Absent: None
ATTEST:
yPGE OF 044.490 V
Charlotte K.Pruss
/a o Village Clerk
CID
9 `
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Exhibit A
Agreement
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REVIEW OF CONTRACTS
Awarding A ency: Type of Contract:
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Departgram/Account Number:
Awarded Contract Price: udgeted A ount:
i a31 0 '67.CD
[] Under$20,000 Q $500,001 - $1,000,000
�] $20,000-$500,000 0 Over$1,000,000
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Three (3)Originals signed by other party Date/Initials
[� Original provided to staff member for other party Date/Initials
Original provided to Official Files Date/Initials
village of Oak Brook I Approved by Board of Trustees Date/lnftials: