HomeMy WebLinkAboutRESOLUTION - 52-22 - 11/15/2022 - Joint Agreement and Construction Engineering Service Lake Cosman with IDOTRESOLUTION NO.52-22
A RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT OF $400,000 FOR THE
JOINT AGREEMENT AND CONSTRUCTION ENGINEERING SERVICES FOR THE
RIGHT-OF-WAY ACQUISITION FOR STRUCTURES OVER LAKE COSMAN AND
AUTHORIZING THE MAYOR TO EXECUTE A LOCAL PUBLIC AGENCY
AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE
ILLINOIS DEPARTMENT OF TRANSPORTATION
BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove
Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document
marked "Joint Funding Agreement PE/ROW for State -Let Construction Projects" a copy of
which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is
authorized to attest said document upon the signature of the Mayor.
Section 2: That the Mayor and Board of Trustees of Elk Grove Village authorize four
hundred thousand dollars ($400,000) or as much may be needed to match funds in the
completion of MFT Section Number 19-00070-00-BR.
Section 3: That the Village Clerk of the Village of Elk Grove Village shall transmit five
certified copies of this Resolution to the Illinois Department of Transportation.
Section 4: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 15' day of November 2022
APPROVED this 15" day of November 2022
APPROVED:
Mayor Cram B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Joint Funding Agreement
of Transpartafion PE/ROW for State -Let Construction Projects
LOCAL PUBLIC AGENCY
Locl Pulic gencv County ....._... Section Number
_. _._._ .. .
lElk-Gro"ve--VillageCook �19-00070-00-BR
Fund Type ITEP, SRTS. HSIP Numbe_..rs�MPO Name MPO TIP Number
STP-Br 1�__.----------- 11CMAP _] 03-19-0007 -
Engineering Right -of -Way
State �Job NumberProject NU State Job Number Project Number
R-91-005-22 NBDG(349)
[_µ 1 Local Administered Engineering Z Right -of -Way ❑ Other
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 " 1-IM".
LOCATION
Stationing
Local Street/Road Name Key Route Len th From To
Wellington Ave `M UN 2080 0.1 Mi. 0.00 0.10
Over Lake Cosman
Current Jurisdiction Existing Structure Numbers Add Location
LPA 16-7854 Remove .
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
Leicester Rd _JLMUN 2100 0.08 Mi. 0.06 0.14
Location Termini
Over Lake Cosman
Current Jurisdiction Existing Structure Numbers Add Locaff-on'G
LPA016-7855 Remove
PROJECT DESCRIPTION
Right -of -Way acquisition for the replacement of the Wellington Avenue and Leicester Road structures over Lake
Cosman. The project consists of replacing the culverts crossing Lake Cosman and removal and replacement of
adjacent roadway pavement, sidewalks, and other related work. Engineers project number 181136.40.
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 Ill 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 the preliminary engineering work required to complete the proposed improvement.
4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum.
S. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction) in a manner satisfactory
Printed 10r21 22 Page 1 of 6 BLR 0531OPE (Rev. 03!3V22)
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 comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
9. To provide or cause to be provided all of the initial funding, equipment, labor, material, and services necessary to complete the
project.
10. 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, State or Local) transaction or contract under a public transaction; violation of Federal or State anti-trust
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.
11. To include the certifications, listed in item 13 above, and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
12. 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 mernber 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 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.
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 If and III Requirements.
2. For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or other locally administered 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;
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
Printed 10/21,22 Page 2 of 6 BLR 05310PE (Rev_ 03/3V22)
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 seq.) unless the provisions of the act exempt its
application.
FISCAL RESPONSIBILITIES:
1. 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.
2. Financial Integrity Review and Evaluation (FIRE) program: LPA's and the STATE must justify continued federal funding on
inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged
against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time
within any given twelve (12) month period. However, to ensure adequate processing time, the first 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.
3. 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, whichever 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 for engineering projects.
4. 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 may 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.
5. Project End Date: Preliminary engineering projects - the period of performance (end date) for state and federal obligation
purposes is ten (10) years. The LPA must begin right-of-way acquisition for, or actual construction of, the project for which
preliminary engineering work is undertaken with Federal participation is by the close of the tenth (10th) fiscal year following the
fiscal year in which the project is federally authorized. In the event that this work is not started within this timeframe, the LPA will
repay the STATE any Federal funds received under the terns of this Agreement.
For Right -of -Way projects - the period of performance (end date) for state and federal obligation purposes is fifteen (15) years
from the execution date of the agreement. The LPA must begin construction of the project on this right-of-way by the close of the
twentieth (20th) fiscal year following the fiscal year in which the project is federally authorized. In the event that construction is
not started within this timeframe, the LPA will repay the STATE any Federal funds received under the terms of this 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.
6. Single Audit Requirements: 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 (IDOT's Office of Internal Audit, Roorn 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.
7. Federal Registration: LPA's are required to register with the System for Award iv1anagement 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: https_ffwww.sam.00v/SAMi`.
8. Required Uniform Reporting: For work not included on a state letting, 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 or legislation as listed In the accepted Notice of State Award (NOSH). 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).
NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 70514.1), "Granter 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: L.#fp .!ww.v�. itl n t.PS
ResourceLibraryaspxx)
Printed 10?21'22 Page 3 of 6 BLR 0531 OPE (Rev. 03/31122)
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
®
1.
Location Map
2.
Division of Cost
I
GATA Reporting
Printed 10,.21 22 Page 4 of 6 BLR 05310PE (Rev. 03 31!22)
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
Local Public Agency
Name of Official Print or Type Name
Craig Johnson
Si nature Date
L; [ z &z
The above signature certifies the agency's TIN number is
366009201 conducting business as a Governmental Entity.
DUNS Number 072316581
UEI H7UKAR6JK9B3
APPROVED
State of Illinois
Department of Transportation
Omer Osman P.E. Secretary o ns ortation Date
�9
By:
George A. Ta as, P.E., S.E., Engineer of Local Roads & Streets Date
t4IIN
Ste hen M. Travis P.E., Director of Highways PI/Chief Engineer Date
ti
f'►`RM
Yan su Kim Chief Counsel Date
Vicki Wilson, Chief Fiscal Officer Date
NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement is required.
Printed 01/31/23 Page 5 of 6 BLR 0531OPE (Rev. 03131/22)
ADDENDA NUMBER 2
Local Public Agency CouEly Section Number
Elk Grove Village Cook 19-00070-00-BR
Engineering
Job Number Project Number Right -of -Way Job Number Project Number
FR-91-005-22 l NBDG(349)
DIVISION OF COST
Federal Funds State Funds
Local Public Agency
Type of Work
Fund Type
Amount
% Fund Type
Amount
%
Fund Type
Amount
%
Totals
Right -of -Way
STP-Br
$320,000.00
80%
Local
$80,000.00
$400,000.00.
I
i
i
i
I
i
Total
$320,000.00
Total
Total
$80,000.00
S400,000.00'
n iunamcq is nog apercentage oT Lne total pace an astensK {-} in the space provided Tor the percentage and explain below:
*MAXIMUM FHWA (STP-Br) PARTICIPATION 80%, NOT TO EXCEED $320,000
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 10 2122 Page 6 of 6 BLR 0531OPE (Rev. 03/31/2.2)
L
Addendum #i1
LOCATION MAP
Wellington Avenue and Leicester Road over Lake Cosman
Section No.: 19-00070-00-BR
Elk Grove Village
Addendum 3
Grant Accountability and Transparency Act (GATA)
Reauired Uniform Renortin
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:
https://www.iIIinois.gov/sites/GATA/Pages/ResourceLibrary.aspx )