R-1333 - 02/11/2014 - IDOT - Resolutions RESOLUTION 2014-IDOT-ENHANCE-AG-R-1333
A RESOLUTION APPROVING A LOCAL AGENCY
AGREEMENT WITH IDOT FOR ENHANCEMENTS TO 22nd STREET
BETWEEN SALT CREEK AND INTERSTATE 294
WHEREAS, the Village of Oak Brook ("Village") applied for a grant from the Federal Highway
Administration ("Grant") to partially fund hardscape and landscape improvements to 22nd Street between
Salt Creek and Interstate 294, which include the construction of new lighting standards, median planters,
irrigation systems, and decorative landscaping ("Improvements"); and
WHEREAS, the total projected cost of the Improvements is $2,250,970 ("Project Costs"); and
WHEREAS, the Illinois Department of Transportation ("IDOT") administers grants in Illinois from
the Federal Highway Administration; and
WHEREAS, the Village was awarded the Grant to fund $849,800 of the Project Costs; and
WHEREAS, in order to receive the Grant, the Village must enter into an agreement with IDOT to
govern the use of the Grant funds and to ensure that the Village properly funds its portion of the
Improvements, which agreement is attached hereto as Exhibit A("Agreement'); and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to approve the Agreement:
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Resolution as the findings of the Village President and Board of Trustees.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and IDOT in a final form acceptable to the Village
Manager and the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
RESOLUTION 2014-IDOT-ENHANCE-AG-R-1333
Approving IDOT Agmt.for Enhancements
To 22nd St.between Salt Creek&I-294
Page 2 of 3
APPROVED THIS 11th day of February, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of February, 2014
Ayes: Trustees Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: Trustees Adler Baar
ATTE T:
Charlotte K. Pruss
Y Village Clerk
EXHIBIT A
#11277089 vl
Departm
Mob ent
Local Agency State Contract Day Labor Local Contract RR Force Account
of Transportation Village of Oak Brook
Local Agency Agreement Section Fund Type ITEP and/or SRTS Number
for Federal Participation 13-00046-00-LS STE 120047
Construction Enclin eerin Right-of-Way
Job Number . Project Number Job Number Project Number Job Number I Project Number
C-91-037-14 TE-OOD1 (943)
This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois,acting
by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the
designated location as described 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 Federal Highway Administration hereinafter referred to as"FHWA'.
Location
Local Name
22 n Street Route FAU 1453 Length 1.3 Miles
Termini From Salt Creek, Station 2137+78 to 188/1294 Spur Ramp,Station 2205+28
Current Jurisdiction Village of Oak Brook Existing Structure No N/A
Project Description
Landscaped medians and decorative street lighting
Division of Cost
Type of Work FHWA % STATE % LA %o Total
Participating Construction 849,800 ( 80 ) ( ) 212,450 ( 20 ) 1,062,250
Non-Participating Construction ( ) ( ) 1,188,720 ( 100 ) 1,188,720
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 849,800 $ $ 1,401,170 $ 2,250,970
*Maximum FHWA(STE) Participation 80% NTE$849,800
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA 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 reimbursment.
If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above.
Local Agency Appropriation
By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required,to cover the LA's total cost.
Method of Financing(State Contract Work)
METHOD A---Lump Sum (80%of LA Obligation)
METHOD B--- Monthly Payments of
METHOD C---LA's Share Balance 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)
Printed on 2/17/2014 Page 1 of 5 BLR 05310(Rev.01/01/14)
Agreement Provisions
THE LA 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 LA 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 LA,and 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 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,an addendum is required.
(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 its jurisdiction as established by addendum referred to in item 4 above.
(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 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 department; and the LA 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 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) (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 lump sum,
an amount equal to 80%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 80%of the LA's estimated obligation under the
provisions 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 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) 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) 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 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) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth 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.
Printed on 2/1712014 Page 2 of 5 BLR 05310(Rev.01/01/14)
(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway, Springfield,
Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(15) 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 judgment 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 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.
(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA'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,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 LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts,subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000).
(24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed.
Printed on 2/17/2014 Page 3 of 5 BLR 05310(Rev.01/01/14)
(25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that expend less than
$500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit,but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
(26) That the LA is required to register with the Central Contractor Registration(CCR),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. If you do not have a CCR number,you must register at
https://www.uscontractorregistration.com. If the LA,as a sub-recipient of a federal funding, receives an amount equal to or greater
than$25,000(or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following
award terms: hftp://edocket.access.qpo.gov/2010/pdf/2010-22705.r)d and http://edocket.access.gpo.gov/2010/pdf/2010-
22706.pdf.
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) 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) 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, utility work and/or construction
work:
(a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA;
(b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of 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.
(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 or the contract covering the construction work contemplated herein is not
awarded within three years 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 LA,the LA 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 LA 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 LA'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 department 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.C. 3801 et seq.). In the absence
of a USDOT—approved LA 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 LA, obligations 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 seq.)unless the provisions of that Act exempt its
application
Printed on 2/17/2014 Page 4 of 5 BLR 05310(Rev.01101/14)
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CHRISTOPHER B. BURKE ENGINEERING,LTD. CHK USER d/91 EXH
$, 9575 W.Higgins Road,Suite 600'Rosemont,Illinois 60418 •(847)823-0500 CHKD PLOT DATE 8!9/2012
a FILE NAME: Loc bonMap Commerce Drive 2
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Map
(Insert 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
Agreement and all exhibits indicated above.
APPROVED
Local Agency
APPROVED
State of Illinois,Department of Transportation
Gopal Lalmalani j
Name of Official (Print or Type Name) / /D
Ann L.Schneider,secretary of Transportation Date
Village President
Title (County Board Chairperson/MayorNillage President/etc.)
r -
't"' AAA4
I Omer Osman,Director of Hi wa /Chief E ineer 'Date'
(Signature) Dat
3�
The above signature certifies the agency's TIN number is Michael A.Forti,Clflef Course ate
36-6009534 conducting business as a Governmental
Entity.
DUNS Number 03-851-3818 Tony Small,Dtrector of Finance and Administration Date
NOTE: If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
Printed on 2/4/2014 Page 5 of 5 BLR 05310(Rev.01/01/14)