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R-1850 - 01/14/2020 - AGREEMENTS - Resolutions ITEM 6.C.6 BOARD OF TRUSTEES VILLAGE OF MEETING SAMUEL E. OAK BR , K DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of January 14, 2020 SUBJECT: Funding Commitment and IDOT District One Local Agency Agreements for the York Harger Intersection Project FROM: Doug Patchin, Director of Public Works Rick Valent, Public Works Superintendent ,/' BUDGET SOURCE/BUDGET IMPACT: $3,132,440.00 from Roadway Improvements Account 461-90700 RECOMMENDED MOTION: I move that the Village Board approve Resolution R-1850, approving $3,132,440.00 to match federal funds in the completion of Section Number 17-00049-00-PV for improving an intersection at North York Road and Harger Road with the new underpass structure at Salt Creek Trail. Background/History: As part of the North York Road and Harger Road Intersection Project, the Village is required to match the $4,359,860.00 being provided in federal funding with$3,132,440.00 in local funding for a project total of $7,492,300.00. Because the project completion spans 2020 and 2021, the Village's local funding will be distributed accordingly over those years. In conjunction with the Village's funding commitment, it is also a required that IDOT District One Local Agency Agreements,BLR 05310-Local Public Agency Agreement for Federal Participation and BLR 05611 - Construction Engineering Services Agreement for Federal Participation, be submitted by January 29, 2020 in order to comply with the March 2020 letting schedule. Recommendation:That the Village Board approve Resolution R-1850,approving RG $3,132,440.00 to match federal funds in the completion of MFT Section Number 17-00049-00-PV for improving an intersection at North York Road and Harger Road with the new underpass structure at Salt Creek Trail. Illinois Department of Transportation Memorandum To: All IDOT District One Local Public Agencies From: Anthony J. Quigley /� Subject: District One Agreement Requirement for Projects Targeting State Letting Date: May 29, 2019 This is to inform all parties that effective with September 20, 2019 State Letting, and all future lettings, Local Public Agencies sponsoring a project will be required to have their locally executed agreements in the District by close-of- business two(2) days prior to Service Bulletin date. For the September 20, 2019 letting that date is Wednesday, August 14, 2019. For all lettings, the Service Bulletin date can be viewed as part of the letting schedule available on the IDOT website, under Doing Business. For convenience, the dates as related to lettings through calendar year 2020 are as follows: Locally Executed Letting Date Service Bulletin Date Agreement Due Date 11/8/2019 10/4/2019 10/2/2019 1/17/2020 12/6/2019 12/4/2019 3/6/2020 1/31/2020 1/29/2020 4/26/2020 3/20/2020 3/18/2020 6/12/2020 5/8/2020 5/6/2020 7/31/2020 6/26/2020 6/24/2020 9/18/2020 8/14/2020 8/12/2020 11/6/2020 10/2/2020 9/20/2020 If you have any questions or concerns, please contact Charles F. Riddle, P.E., Program and Office Engineer, Bureau of Local Roads and Streets, at 847-705- 4406 or by e-mail at charles.riddlena.illinois.gov. cc: Greg Lupton 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 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 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 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 O F�044, ATTEST: /a 0 Charlotte K. Pruss G Village Clerk ,o p�; C � v fi� T N T 1 4 Exhibit A Agreement 5