HomeMy WebLinkAboutRes 22-00 05/02/2000 VL
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RESOLUTION NO. 22-00
A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION
WHEREAS, on February 21, 2000, the corporate authorities of the Village of Mount
Prospect determined that it was in the best interest of the Village to participate in the
Rand/Euclid/Elmhurst sidewalk improvement program funded by the United States
Federal Highway Administration and the State of Illinois; and
WHEREAS, the Agreement being the subject of this Resolution specifies the funding
agreed to by the United States Federal Highway Administration and the State of Illinois.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Village Clerk is
authorized to attest his signature on the Agreement between the Village of Mount
Prospect and the Illinois Department of Transportation, being the subject of this
Resolution. A copy of said Agreement is attached hereto and hereby made a part
hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: Corcoran
PASSED and APPROVED this 2nd day of May, 2000.
ATTEST:
Velm~N. Lowe, Village Clerk
Local Agency ~ Section
Mount'Prospect tV)~ IBrlois ~ 99-00131-00-SW
of Transportation
Local Agency Agreement Fund Type
for Federel Participation -
State Contract I DayLabor Loc~lContract I RRForceAccount
This Agreement is made and entered into between the above local agency (LA) and the state of Illinois, acting by and through its
Department of Trensportation, hereinafter referred to as "STATE". The STATE and LA jointly prepose to improve the designated location as
shown below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and
procedures appreved and/or required by the United States Federal Highway Administretion hereinafter referred to as FHWA,
Location
Local Name Rand Road Route US 12 Length
Termini At Euclid Street-IL 83 (Elmhurst R~)ad) sidewalk.
Current Jurisdiction
Project Description Existing Str. No. N/A
Division of Cost (SEE ATTACHED)
Type of Work FHWA % State % LA % Total
Participating Construction ) )
Non-Pa~icipating Construction ) )
preliminary Engineering ) )
Construction Engineering ) )
Right of Way ) )
Railroads ) )
Utilities ) )
TOTAL
NOTE: The above costs are appreximate and subject to change. The actual costs will be used in the finaJ division of cost for billing and
reimbursement. If funding is not a percentage of the total, place an asterisk in the space previded for the percentage and exprain below.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
The LA on , appropriated, by separate resolution, ordinance or road improvement statement,
to pay the LA's share of the cost and will appropriate additional funds, if required tb cover the LA's total
cost. LA's share of the cost to be paid with [] MFT Funds [] Other Funds..
Method of Financing (State Contract Work)
METHOD A--Lump Sum (95% of LA Ol)ligation)
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)
Construction Engineering Right-of-Way
Job Number I Project Number Job Number I Project Number Job Number project Number
c-91-166-99 CMF-CMM-0005(33)
Page 1
IL 494-0327 BLR 4251 tRev. 10/9
Agreement Provisions
THE LOCAL AGENCY 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 tflis project in
accordance with the requirements of Titles ti and i'11 of the Uniform Relocation Assistance, and Real Property Acquisitie,q Policies
Act of 1970, and established state policies and procedures. P~ior to advertising for bids, the LA 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 LA, and STATE and ~he 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 dudng
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 distdct jurisdiction, and 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 veri~ 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 LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General and the
department; and to provide full access to ail 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 On~y) 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 95% 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 95% 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 pregressive 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 Agreemen~ 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
ctose 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.
ILocal Agency I Section
Mount Prospect (V) 99o00131-00-SW
Page 2
IL 494-0327 BLR 4251 (Rev. 10/99)
(14) And c~rtifies to the best of its knowledge ahd belief its officials:
la) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from'covered
transactions by any Federal department or agency:
lb) haven~twithinathree-yearperi~dpreceding~thisAgreementbeenconvicted~f~rhadacivi~judgmentrendered_
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, bdbery, falsification or destruction of records, making false
statements receiving stolen property;
lc) 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 lb) 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.
(15) To include t,he certifications, listed in item 14~above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(16) (STATE Contracts) That execution of this agreement cons~tutes the LOCAL AGENCY's concurrence in the award of the
construction contract to the responsible Iow bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY's
certification that:
la) No Federal apprepriated funds have been paid or will be paid, by or on behalf of the undemigned, to any perarm 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 mod;flcation of any Federal contract,
grant, loan or cooperative agreement.
lb) 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 office~; 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, ~DiscJosure Form to Report Lobbying", in accordance with its
instructions.
lc) The LOCAL AGENCY shall raquire 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.
(18) To regulate pa~ing and traffic Jn accordance with the approved project report.
(19) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(20) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
THE STATE AGREES:
(4) 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 Tifles II and tll 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:
la) To reimburse the LOCAL AGENCY for the Federal and/or State shara on the basis of periodic billings, provided said billings
contain sufficient cost information and show evidence of payment by the LOCAL AGENCY.
lb) 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.
ILocal Agency Section
Mount Prospect (V) 99-00131-00-SW
Page 3
IL 494-0327 BLR 4251 (Rev. 10/9!
IT IS MU. TUALLY 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 covedng 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) It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shah
have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds
under this Agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement.
The STATE/LA agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the per[ormance of this Agreement. In this regard the STATE/LA shah take all necessary and
reasonable steps, in accordance with 49 CFR Part 23, to ensure that minodty business enterprises have the maximum
opportunity to compete for and perform portions of contracts and subcontracts financed in part with Federal funds provided under
this Agreement. The STATE/LA shall not discriminate On the basis of race, color, national origin or sex in the selection and
retention of contractor or subcontractors including procurement of materials and leases of equipment.
The LA shall include the provisions of this "Policy" in every contract, including procurement of matedals and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of
the Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE's federally approved Disadvantaged Business
Enterprise Program~
(5) In cases where the STATE is reimbursing the LOCAL AGENCY, obligations of the STATE shall cease immediately without pena]t~
or further payment being required if, in any fiscal year, th® Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement,
Number 1 Location MaD
(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 previsions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name , G~rald Farley Department of Transportation
Title Mayor ~ By
County B.~Chairperson/MayorNillage Presiden. j~.-" Director of Highways
NOTE: Signature by APPOINTED officials REQ lution authorizing said appointed official to execute this agreement.
LocalAgency . I Section
Mount Prospect (V) J 99-000131-00~SW
S:\Gen\Wp2~321 a.rtmtprospectjtagmt.doc
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IL 494-0327 BLR 4251 (Rev. 10/9!
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