1607-B - 01/10/2017 - IDOT - Resolutions6)[Inois Department\g/ of Trarqcirrtation
Local Public Agency Agreement
for Federal Participation
Local Pub∥c Agency
Village of Oak Brook
State Contract
Agreement Provisions
THE LPA AGREES:
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 wilh the requirements of Tilles ll and lll of lhe Uniform Relocation Assislance and Real Property Acquisition Policies Act
of '1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to ihe STATE that all
requirements of Titles ll andlll of said Uniform Acl have been satisiled. The disposition of encroachmenis, if any, will be
cooperatively determined by representatives ofthe LPA, and the STATE and the FHWA, if required.
To provide for all utility adiustments, and to regulate the use of the rightof-way ofthis improvement by utilities, public and private, in
accordance with the current Utilily Accommodat,on Policy for LocalAgency Highway and Street Systems.
To provide for surveys and the preparation of plans for the proposed improvemenl and engineering supervision during construction
of the proposed improvement.
To retain jurisdiction ofthe completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). lf the improvement location is currently under road districl iurisdiction, an addendum is required.
To maintain or cause to be maintained, in a manner satisfaclory to the STATE and the FHWA, the completed improvement, or thal
ponion ofthe completed improvement within its jurisdiclion as established by addendum refeffed to in item 4 above.
To comply with all applicable Executive Orders and Federal Highway Acls pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Departmenl of Transportation.
To maintain, for a minimum of 3 years after final project close-oul by the STATE, adequate books, records and supporting
documenls to veriry the amounts, recipients and uses of all disbursements offunds passing in conjunction wilh the contract; the
contract and all books, records and supporling documents related to the contract shall be available for review and audit by the
Auditor General and the depanment; and the LPA agrees to cooperate fully wilh any audit conducted by ihe Auditor General and
the STATE; and to provide fullaccess lo 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 supporling documentation are not available to support their purported
disbursement.
To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protec{ion within the limits of
the proposed improvement.
To comply with Federal requirements or possibly lose (partial or lotal) Federal participalion as detemined by the FHWA.
(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 contracl for this improvement, the LPA will pay to the STATE within thirty
(30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA'S estimated obligation incuned under
this Agreement. The LPA will pay to the STATE the remainder of lhe LPA'S obligation (including any nonparticipating
costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the projecl based on final costs.
Method B - Monthly Payments. Upon award of lhe contracl for this improvement, the LPA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% ofthe LPA'S estimated obligation under the
provisions of the Agreemenl has been paid, and 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 fnal costs.
Method C - Progress Payments. Upon receipt of the contracto/s frst 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 aclual payment (appropriately adjusted for
nonpanicipating costs) made to the contractor until the enlire obligation incuned 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 lhe STATE lo intemally offset,
reduce, or deduc{ the affearage from any payment or reimbursement due or about to become due and payable from the STATE to
LPA on this or any other contracl. The STATE, at its sole oplion, upon notice to the LPA, may place the debt into the lllinois
Comptrolle/s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt.
(Local Contracls or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary io conslrucl the complete projecl.
(Preliminary Engineering) ln ihe event that right-of-way acquisition for, or actual construction of, lhe project for which this
preliminary engineedng is undertaken with Federal participation is not started by the close of the tenth llscal year following the fiscal
year in which th6 project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this
Agreement.
(Right-of-Way Acquisition) ln the evenl lhat the actual construction of the project on this right-of-way is not underlaken by the close
ofthe twentieth fiscal year following the fscal year in which the projecl is federally authorized, the LPA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(2)
(4)
(5)
(6)
(7)
(3)
(91
(10)
(12)
(13)
Printed 2/1′2017 Page 2 of 5 BLR 05310(ReV 09703′15)
(14)(Railroad Related Work Only) The eslimates and general layout plans for at-grade crossing improvements should be foMarded to
lhe Rail Safety and Project Engineer, Room 204, lllinois Department of Transporlation, 2300 South Dirksen Parkway, Springtield,
lllinois, 62764. Approval of the astimates and general layoui plans should be obtained prior to the commencement of railroad
related work. All raikoad related work is also subiecl to approval be the lllinois Commerce Commission (lCC). Final inspection for
railroad related wo* should be coordinated through appropriate IOOT District Bureau of Local Roads and Sireets office.
Plans and preemplion times for signal relaled work that will be interconnected with traffic signals shall be submitled to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconneds wilh state maintained traffic
signals should also be coordinated with the IDOT's Distric-l Bureau of Operations.
The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA,/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursemenl should be sent to lhe appropriate IDOT District Bureau of Local
Roads and Streels office.
Engineeis Payment Estimates shall be in accordance with the Division of Cost on page one.
And certifies to the best of its knowledge and belief its officials:
(a) are not presently debared, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
tIansaclions by any Federal department or agency;
(b) have not within a three-year period preceding this Agreemeni been convicted of or had a civil judgment rendered against them
for commission of fraud or a clim,nal offense in connection with obtaining, atlempting to obiain, or performing a public (Federal,
State or local) transaclion or contract under a public transaction; violation of Federal or State antilrusi siatutes o[ commission of
embezzlement, lhefr, forgery, bribery, falsilicalion or destruction of records, making false statements receiving stolen property;
(c) are not presently indicted for or otheMise diminally or civilly charged by a governmenial entity (Federal, State, local) with
commission of any of the offenses enumerated in ilem (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.
To include the cerlifcations, lisled in item 15 above, and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(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.
Thal for agreements exceeding 91OO,OOO in federal funds, execution of this Agreement conslitules the LPA'S certifcation that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for inlluencing
or attempting to influence an oficer 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 lhe awarding of any Federal contract, themaking of any
co6peritivi agreement, and the e)dension, continuation, renewal, amendmeni or moditication of any Federal contract, grant,
loan or @operative agreement;
(b) lf any funds other than Federal appropriated tunds 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 oflicer or employee of Congress or an employee of
a Member of Congress, in dnneclion with this FedeGl contracl, 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 LPA shall require that the language of this certilication be included in the award documents for all subawards at all ties
(including subconlracls, subgrants and contracts under grants, loans and cooperative agreemenls) and that all subrecipients
shall certify and disclose accordingly.
To regulate parking and lraffic in accordance with the approved projecl report
To rcgulate encroachments on public right-of-way in accordance wilh current lllinois Compiled Statutes.
To regulate the discharge of sanilary sewage into any storm water drainage system constructed with this improvemenl in
accordance with cunent lllinois Compiled Statutes.
To complets this phase of the project within lhree (3) years from the date this agreement is approved by the STATE iI this portion of
the poj;c1described in the Proje;i Description does not exceed $1,000,000 (five years ifthe proiect costs exceed $1,000,000)
To comply with the federal Financial lntegrity Review and Evaluation (FIRE) program, which requires States and subrecipients to
justi! mritinued federaltunding on inactive proleas. 23 CFR 630.106(a)(5) deilnes an inactive project as a project which no
Lxpehditures have been charged against Federal funds for the past twelve (12) months.
To keep poecls aclive, invoicing must occur a minimum of one lime within any given-tw€lve (12) month period. However, to
ensure'abequate processing tim;, the tirst invoice shall be submitted to the STATE within six (6) months of the federal authorization
date. Subsequent invoices will be submitted in intervals not to exceed six (6) months
The LpA will submit supporting documentation with each request for reimbursement from the STATE. Suppoding documentation is
dellned as verification ofpaymlnt, certmed time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice,
progress repo( and personnel and direct cost summaries.and other documentation supporting ihe requested reimbursement
am;unt (Form BLRSb5621 should be used for consultant invoicing purposes). LPA invoice requosts to the STATE will be
submitted with sequential invoice numbers by project.
(15)
(16)
(17)
(18)
(1e)
(20)
(21)
(22)
(23)
(24)
P「inted 2/1′2017 Page 3 of 5 BLR 053'10 (Rev. 09/03/15)
(25)
(26)
The LPA will submit to the STATE a complete and detailed fnal invoice with applicable supporting documentation of all incuned
cosls, less previous payments, no later than twelve (12) months from the dale of completion of this phase of the improvement or
from the date of the previous invoice, which ever occurs first. lf a fnal invoice is nol received within this time frame, the mosl recent
invoice may be considered the final invoice and the obligation of the funds closed.
The LPA shall provide the tinal report to the appropriate STATE district within twelve months ofthe physical completion date of the
proiecl so that the report may be audited and approved for payment. lf the deadline cannot be met, a written explanation must be
provided to the district priorto the end ofthe twelve months documenting the reason and lhe new anticipated date of completion. lf
the extended deadline is not met, this process musl be repeated until the project is closed. Failure to follow lhis pro@ss may result
in the immediate close-out oflhe proiect and loss of further funding.
(Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assislance they shall have an
audit made in accordance with 2 CFR 200. LPAS expending less than $750,000 a year shall be exempt from compliance. A copy
of lhe audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 Soulh
Dirksen Parkway, Springrield, lllinois, 62764), within 30 days after the completion of lhe audit, but no later than one year aller the
end of the LPA'S fiscal year. The CFDA number for all highway planning and construction activities is 20.205.
Federal funds utilized for construclon ac{ivities on poects let and awarded by the STATE (denoted by an "X' in the Slate Contracl
field at the top of page 1) are not included in a LPA'S calculation of federal tunds expended by the LPA for Single Audit purposes.
That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration
(CCR)), which is a web-enabled government-wide application that collecls, validates, stores, and disseminates business information
about the federal government's trading parlners in support of the contract award and lhe electronic paymenl processes. To register
ot renew, please use the following website: htlos://www.sam.oov/Dortal/Dublic/SAM#1.
The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to
identify subrecipienis of federal funding. A D-U-N-S number can be obtained at the following website:
htto://fedoov.dnb.comA,vebform,
THE STATE AGREES:
To provide such guidance, assislance and supervision and to monitor and perform audits to lhe extenl necessary lo assure validity
of the LPA'S certification of compliance with Titles ll and lll requiremenis
(State Contracls) To receive bids for the construction of the proposed improvement when the plans haveteen approved by lhe
STATE (and FHiwA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfaclory bid.
(Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unil Prices are approved, and
t-o r;imburse the LPA for that portion of the cost payable from Federal and/or Slate funds based on the Agreed Unit Prices and
Engineeis Payment Estimates in accordance with the Division of Cost on page one.
(Local Contracts) For agreements with Federal and/or State funds in engineering, righl-of-way, utility work and/or construction
work:
(a) To reimburse the LPA for the Federal and/or Stale share on the basis of periodic billings, provided said billings contain
suffcienl cost information and show evidence of payment by the LPA:
(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by' '
STATE inspeclors of steel, cement, aggreg,te, structural steel and other materials customarily tested by lhe STATE.
lT:S MUTUALLY AGREED:
(27)
(2)
(3)
(4)
Construclion of the projact will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifcations for Road and Bridge Construction and federal Buy America provisions.
That this Agreement and the @venants mntained herein shall become null and void in the event that the FHWA does not approve
the propos;d improvement for Federal-aid padicipation within one (1) year of the date of execution of this Agreement.
This Agreement shall be binding upon the parties, their successors and assigns
For contracts awarded by the LPA, the LPA shall not discriminate on lhe basis of race, color, national origin or sex in the award and
perfonnance of any USDOT - assisted contracl or in lhe administration of its DBE program or the requirements of49 CFR part 26.
ttre tpl stratt tat<i all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT - assisted contrac{s. The LPA'S DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporaled by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program, the STATE mayimpose sanctions as provided for under part 26 and may, in appropriate cases, refer the matler for
Printed 271′2017 Page 4 of 5 BLR 05310 (Rev. 09/03/15)
enforcement under 18 U.S.C. '1001 and/or the Program Fraud Civil Remedies Act of '1986 (31U.S.C. 380'l et seq.). ln the absence
of a USDOT - approved LPA DBE Program or on State awarded conlracts, this Agreement shall be adminislered under the
provisions ofthe STATE's USDOT approved Disadvantaged Business Enterprise Program.
ln cases where the STATE is reimbursing the LPA, obligations of lhe STATE shall cease immediately without penalty or further
payment being required it in any fiscal year, the lllinois GeneralAssembly or applicable Federal Funding source fails to appropriate
or otheMiss make available funds for the work contemplated herein.
A∥proeCtS fOr the∞nstruction oflxed works which are nnanced in who:eo「in pan wlth funds provided by thヽ Agreement and/or
amendmentsha∥be sutteCttO the Preva∥ng Wage Act(3201LCS 130/0 01 etseo)unleSS the provヽ ions ofthat Act exempt ls
app∥cation
Addilional information and/or stipulations are hereby attached and identiried below as being a part of this Agreement.
Ntl,,her 7- t aeAri^n Man Number 2 - LPA ADDtoDdation Resolution
(lnsert Addendum numbers and titles as applicable)
The LPA further agrees, as a condition of payment, that ii accepts and will comply with the applicable provisions set forth in this Agreemenl
and a∥Addenda indicated above
APPROVED
Local Pub∥c Agency
APPROVED
State of lllinois
Department of Transporlation
Randall S. Blankenhom, Secretary Date
Aaron A. Weatherholt, Depuiy Dirsclor of Highways Date
Omer Osman, Direclor ol Highways,/Chief Engineer Date
(Signature)
By:
The above signature certiries the agency's TIN number is
conducting business as a Governmental
Entity
DUNS Number 」eff Heck,Chief Fisca1 0rcer(cFO)
NOTE: :fthe LPA signature is by an APPO:NTED o価 cia:,a resolution authoHzing said appointed d■ciai to execute unis
agreementis required.
Wi∥iam M Bames,Chief Counsel Date
Date
Printed 2/1′2017 Page 5 of 5 BLR 05310(Rev 09703′15)
ADDENDUM 18
An addendum to the Local Agency Agreement
V∥lage of Oak Brook
County of Cook
York Road
Seclon No:116‐00048‐00‐RS
Prolect No:M‐4003-(668)
Job No:C‐91‐200‐16
CHANGES:N“AGREEMENT PROVIS:ONS"
UNDER“IT:S MUTUALLY AGREEDl
The fo∥owing nems are added:
7 To maintain or cause to be maintained in a manner satisfactory to the STATE and the FHWA the sidewalk
and associated elements(curb and gutter,ADA detectable warning,etc)after construction