HomeMy WebLinkAboutRESOLUTION - 3-06 - 1/24/2006 - AGREEMENT/IDOTRESOLUTION NO. 3-06
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION (LIVELY
BOULEVARD IMPROVEMENTS/DEVON AVENUE TO TOUHY AVENUE)
NOW, THEREFORE, 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 documents
marked:
AGREEMENT
Lively Boulevard Improvements
Devon Avenue to Touhy Avenue
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 documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 24`h day of January 2006.
APPROVED this 24`n day of January 2006.
APPROVED:
Mayor Craie B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Villaee Clerk
Rew602De nroTouhyFAU1346)
Of TfdI15�OfOf1
Local Agency Agreement
for Federal Participation
Local Agency
Village of Elk Grove Village
Section
05 -00045 -02 -PV
State Contract
Day Labor
Local Contract
X
RR Force Account
Fund Type
STU
ITEP Number
Construction
I Engin edn
Ri ht-of-Wa
Job Number Project Number Job Number
Project Number
Job Number
Pro)ect Number
R 90-004-06
M-8003-547
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 Lively Boulevard -Devon Avenue to Touhy Avenue Route
Termini Devon Avenue (FAU 1346) to Touhy Avenue
Current Jurisdiction
Loral
All right-of-way land acquisition for the project.
Type of Work
Participating Construction
Non-Pardctpating Construction
Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
TOTAL
Project Description
Division of Cost
Length 1.1 MI.
Existing Str. No
FHWA % STATE % LA % Total
85,000 ( ) 0 ( 0 ) 85,000 ( Bal ) 170,000
$ 85,000
$ 85,000 $ 170,000
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 reimbumment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Maximum Federal participation 50% not to exceed $85,000.
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 (95% of LA Obligation)
METHOD B— Monthly Payments of
METHOD C—LA's Share 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)
Page 1 of 4 BLR 05310 (Rev. 8/05)
Printed on 1!11!2006 ISO BLRF-821-004
Agreement Provisions sr far this project in
ht-Of-way nate
hw3y system, all rig and Real Props Acquisition Policies
AGREES: tion Assistance shalt eartih'?o the wipAbe iE that all
THE LA o in the name of the state ff on the state m for bids, the if any,
r) To acquire in its name, [roles and d litproof then. Prior to advertising 0sitiof, of encroachments,
with the requirements 01 Titles U and 111 of the Uniform Re The disP A it required.
a00ordan0e been satisfied. ubfr and Private,
Act of 1970, and established state p rovement by utilities, P
requirements of Titles 11 and III of said Uniform Act have ba 01 this imp Systems determined by represeniaiives of the LA, and STATE and the F
ht-of-way , and Street Sys construction
cooperatively d to regulate the use of the r g e Highway
ad ustirients, an mofation Policy for Local A9 engineering superviswn during
(2) To provide for all utility J improvement and eng m anied
in accordance with the current Utility Accomm of plans for the proposed addendum should be act° P
s and the Pre P by addendum ( uired.
(3) To provide for surveys 'fled otherwise urisd'xtion, an addendum is req or that
of the PrOP°S8d R fated improvement unless sue feted improvement,
0 of the comp under road district j the comp
(4) To retain junsd P) if the improvement location is cunantly to the STATE and FItW reforred to in item 4 above,
by a location m i a manner satisfactory addendum ent Opportunity and
aintained, n • ual EmploYm
(5) To maintain Or cause completed a MainCNIe lent within its jurisdiction as a hw 1� Acts Pursuant to the Eq
Portion of the comp orders and Federal N19 0natfon. supporting documents to
applicable Execut ve 0� he U.S. Department of Transp adequate books, records and supp the contract and all
70 comply �nnth all app uired by ntrad:
(6) O comcrtmimation Regulations req letiom of the contrail' In conjunction with the cc to Auditor General
to
assim9,w and audit by
avalaby the
Auditor . documnents required by this
redPients and uses of ail disbursements of funds conducted I supporting (7) To maintain'
he dePa
for a minimum Portn1a Years after
related to the contract shall be mg STATE under the contract for
verity the amounts, rate fully with any books records and supp . moot
and $UPagrees to coop° of any funds Paid by disburse
men
records I. and the LA g for the recovery theif purported
the department' to all relevant materials. Failure to maintain tho boo
provide full access a esumP and raft crossing protection within the limits of
tion in favor of the STATE
records and supporting documentation are not available to sup
section shall establish book ie railroad-highway gfede crossing
which adequate books, vement Of any the FNWA'
To provide it required' for the fmPr° Federal par6ciPatipn as determined by
(6) the Federal
improvement Possibly lose (partial or total) Fed lump sum,
one wifi be as follows: a 10 the STATE, in
To comply wkh Federal requirements or PO tiro LA will pay nd will Pay
method Of payment designated on Page vement, a to the STATE
(9) That the rearc d under this Agreement,
upon
completion of the
(10) (State Contracts Only) ant. Upon award of the conUao obligation incu ) in a lump ani, a
Lump Sum Paym S estimated an nonparticipating.TF specified
Method 0, u amount equal to 95 , of the LAS
(including Y
rOvement the LA Oil PaY to theS ation und�the
the remainder of the final
f� costs. s estimated mat obligation (including
project based Uponof months o until 95% of the LA
Payments Uf>O0 mva� of the ronirad fo this mp remainder d tho
Monthly Payrm months,
pay f the STATE Meased upon final costs' the
Method T3 ' amount each MOmh for an estimated pPO ,emoid andd n completion of the project
provisions of the Agree has beensum, opo a vent �ogressrve bills tobttumemestima ed total
P nonparticipating costs) if a lump f the con ors first
a
subsequent
q dam Cost divided by
t the contractor until
ttad corsW costs)
nts. UP°n uct equal to the LX sled for nonparticipating
method C - Progress P t me STATE, an Stric rieto Y adju
LA will pay , the actual Payment (approP r material and services
cost, multiplied by reement has been Pen ui Ment, labo .
the entire 0bVvgsW incurred under this to provided all of the initial funding. eq P
rov'ida or cause to be P prole for which this
(Day Labor or Local Contracts) ,ate project. of the tenth fiscal year Following the
(11) to construct the comp htof--way acquisition tor, 0r actual construction
h the Rived under the terms of this
necessary In the ovens that rig atron is not started by Federal funds rete
ineenng) even with Federal partic the STATE any
(121 (Preliminarye n9 eating fs unden a LA witirepay ertaken by the
Preliminary ng • h this agreement is executed' Th on this fight of-way is not and the STATE any
fiscal Year in whit ion of the projectLA will repay
Agreement. actual construction
Agreement is executed, the aided t°
ulsifwn) In the event th t thea year In which should be forty
(13) (Right °1 WaY Ant th fiscal Year following Agreement- Improvema g ringf,
dose of the twentieth general layout plans for at-grade crossing South D'M"en Parkway, P
ton. 23ot menceme i of inspection for
Federal Funds received under The terms
g went of Transportation' prier to the fAtn (ICC)-
(W
inspection
ok Only) iho a Rooms 204' Illlnds Dep mission
(14) (Retroed Related a Project Eng genera layout Plans should Bo °b a ICC for
the Rail Safety a roval be the Ilfinois Commerce Com ed to th
Approve of the estimates and g signals shall be submiH
All railroad rolat°d'�also h to a ropriate 1DOT District 6ure,re�c dal Reads and Streets Office' •
Illinois, 62764. All
railroad coordinated through PP op d with with state maintained traffic
related work_ should be that will be Interconnod Ik Involving interconnects
railroad related worn signal related wo
Preemption times for sfgna�reeVnaceeme work- ns.
Plans and P roval prior to the tom •[105)
review and s dPr be coordinated with the IDOT's District Bureau ofOperaticaLR 05310 (Rev.
signals shoo ISO aLRF-821 A04
Page 2 or A
adnled On 1l11I2006
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/retlroad agreement prior to
requesting reimbursement from IDO7. 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 athree-year pedod 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 transacton; volation of Federal or State antitrust statutes or commission
of embezzlement, thele, 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 govemmeme 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 transaclrons (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 tha 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 tends have been paid or w 11 be paid, by or on behalf of the undersigned, to an
inkuencing or attempting to Influence an officer or employee of an a e
Congress or any employee of a Member of Congress in connect on with the awarding of any officer or
making f
ye
Federal cof
any cooperat ve agreement, and the extension, continuation, renewafg amandmeM ormo fcetion of any Federal
grant, loan or cooperative agreement.
(b) If any funds other than Fetleral appropriated funds have been paid or will be paid to any person for influencing or attempting to
inkuence en officer or employee of any agency, a Member of Congress, an officer or employee of Congress or or employee of
a Member of Congress, in connection with this Federal contract
complete and submit Standard Form -LLL ,'Disclosure Form to Report Lobbying', in accordance with its instructions.
grant, loan or cooperative agreement, the undersigned shall
(c) The LA shall require that the language oft is certification be Included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, bans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project re
(20) To regulate encroachments on public port,
rightrof-way in accordance with current Illinois Compiled Statute
(22) That the LA may invoice the s
ac .
(21) regulate the discharge sanitary saer drainage system constructed with this improvement in
accordance with current Illinois Compiled ewage into any storm wt
Statutes,
STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA wilt submit supporting documentation with each request for reimbursement from the STATE. Su
documentation is defined as verification of payment, certified time sheets, vendor Invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount. Supporting
(23) To complete this phase of the project within threeears 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).
Y
(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
improvement, the most recent invoice may be considered thof completion of this phase of the improvement. If a final invo ce is not received within one year of completion of this phase of the
e final invoice and the obligation of the funds closed.
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 i
STATE (and FHWA, If required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid, improvement when the plans have been approved by the
(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
Engineers Payment Estimates in accordance with the Division of Cost on page one.
Page 3 of 4
Printed on 1/11/2006
BLR 05310 (Rev. 8/05)
ISO BLRF-821-004
(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 L&
(b) To provide independent assurance sampling, to fumish 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) 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.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) 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 (31U.S.C. 3801 at 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.
(4) 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 FuAding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) 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 at sec.) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Mao
(Insert addendum numbers and ti8es 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 addenda Indicated above.
APPROVED APPROVED
State of Illinois
Name Craig B. Johnson Department of Transportation
Title Mayor
County Board ChairpersoNMayorNMlage President/etc. Timothy W. Martin, Secretary
Signature Craig B. Johnson
Date January 24, 2006
TIN Number
NOTE: If signature is by an APPOINTED official, a resolution authorizing
said appointed official to execute this agreement Is required.
Page 4 of 4
Printed on 1/11/2006
Date
By:
Secretarys Delegate — Vidor A. Modear, Director of Highways
Ellen Scharale-Haskins, Chief Counsel
Robert J. Millette, Dhemor of Fjnanm and Administration
BLR 05310 (Rev. 8105)
ISO BLRF-821-004
I
22 lf�
pp
s,�:6mmw� wA,
17
I