R-04-04r$
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-04-04
A RESOLUTION AUTHORIZING A LOCAL AGENCY AGREEMENT
FOR FEDERAL PARTICIPATION WITH LAKE COUNTY AND THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT
OF DEERFIELD ROAD FROM WILMOT ROAD TO PARK AVENUE
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that it is in the best interests of the Village of Deerfield. that the Village enter into a
certain Local Agency Agreement for Federal Participation by and between the Village of
Deerfield, Lake County and the Illinois Department of Transportation, a copy of which is
attached hereto and made a part hereof, to provide for Federal Highway Administration, Lake
County and Village funding of certain improvements to Deerfield Road from Wilmot Avenue to
Park Avenue, Job No. C -91- 028 -01, Project No. M- 8003(006);
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers as follows:
SECTION 1: That the Local Agency Agreement for Federal Participation, a copy of
which is attached hereto and made a part hereof, by and between the Village of Deerfield, Lake
County and the Illinois Department of Transportation to provide for Federal Highway
Administration, Lake County and Village funding of certain improvements to Deerfield Road
from Wilmot Avenue to Park Avenue, Job No. C -91- 028 -01, Project No. M- 8003(006), be and
the same is hereby approved and authorized.
� 3 '
SECTION 2: That the Village President is hereby authorized and directed to execute
said Local Agency Agreement for Federal Participation for and on behalf of the Village of
Deerfield.
SECTION 3: That this Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED this 2nd day of August , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
ABSTAIN: None (0)
A-n[ lTT c.., -„ --- !1 1
2
'Local Agency Section
11rhoiS Department
Deerfield (V) *of Transportation 00- 00075 -00 -RS
Local Agency Agreement Fund Type
for Federal Participation STU
State Contract Day Labor Local Contract RR Force
X Account
This Agreement is made and entered into between the above local agency (LA), Lake County Division of Transportation, hereinafter
referred to as "COUNTY" 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 shown 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 United States Federal Highway Administration hereinafter referred to as FHWA.
Local Name
Location
Deerfield Road Route Off- System Length 125
Termini Wilmot Road to Park Avenue
Current Jurisdiction See Addendum # 2
Project Description Existing Str. No. N/A
Widening and resurfacing and traffic signal modernization
Division of Cost
Type of Work FHWA % COUNTY % LA % Total
Participating Construction 437,290 ( 70 ) 187,410 ( 30 ) ( ) 624,700
Participating Construction
Non - participating Construction'
Construction Engineering
Right of Way
Railroads
Utilities
TOTAL
1,815,940 ( 70
(
185,500 ( 70
(
(
(
$ 2,438,730
15,900 ( 6
{
(
{
$ 203,310
778,260
59,400
63,600
901,260
30
) 2,594,200
100
) 59,400
24
) 265,000
3,543,300
NOTE: The above costs are approximate and subject to change. The final LA AND THE COUNTY share is dependent upon the final
Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement. If funding is not a
percentage of the total, place an asterisk in the space provided for the percentage and explain below. The Federal share of construction
engineering may not exceed 15% of the Federal share of the final construction cost.
"Non - Participating Construction includes but is not limited to sanitary sewer work.
Local Agency Appropriation
By execution of this Agreement, the LA and the COUNTY are 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 AND THE COUNTY's total cost.
Method of Financing (State Contract Work)
METHOD A- - -Lump Sum (95% of LA Obligation)
METHOD B - -- Monthly Pavments of
METHOD C - - -LA and the COUNTY's Share 1,025,070. divided by estimated total cost multiplied by actual Drooress Davment.
(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
Project Number
Job Number_t
Project Number
Job Number
Project Number
C -91- 028 -01
M- 8003(006)
Page 1
IL 494 -0327 BLR 4251 (Rev. 4/02)
Agreement Provisions
THE LA AND THE COUNTY 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 LA AND THE COUNTY shall certify to
the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if
any, will be cooperatively determined by representatives of the LA AND THE COUNTY, and 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 LA AND THE COUNTY Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during
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 district jurisdiction, an 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
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 department; and the LA AND THE COUNTY agrees to cooperate fully with any audit conducted by the Auditor General and the
department; and to provide full access to 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 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 Only) 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 progressive bills for this improvement,
the LA AND THE COUNTY 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 Agreement 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
close 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.
Local Agency Section
Deerfield (V) 00- 00075 -00 =RS
Page 2
IL 494 -0327 BLR 4251 (Rev. 4/02)
"(14) 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 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 antitrust
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.
(15) To include the 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 constitutes the LA AND THE COUNTY's concurrence in the award of the
construction contract to the responsible low bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA AND THE COUNTY'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 Member 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 LA AND THE COUNTY shall require 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 parking and traffic in 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:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure
validity of the LA AND THE COUNTY's certification of compliance with Titles II and III 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:
(a) To reimburse the LA AND THE COUNTY 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 LA AND THE COUNTY.
(b) 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.
Local Agency Section
Deerfield (V) I 00- 00075 -00 -RS
Page 3
IL 494 -0327 BLR 4251 (Rev. 4/02)
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 AND THE COUNTY, the LA AND THE COUNTY 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 AND THE COUNTY 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 AND THE COUNTY'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 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA AND THE COUNTY 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 AND THE COUNTY, 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 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 Number 2 Changes in 'Agreement Provisions'
(Insert addendum numbers and titles as applicable)
The LA AND THE COUNTY 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
Village of Deerfield
Name
Title
County Board Chairperson/MayorNillage President/etc.
Signature
Date
By:
Secretary
Date:
By:
Date:
APPROVED
Lake County
By
County Board Chairperson /MayorNillage President/etc
Date
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
Director - Division of Highways
By:
Director - Finance & Administration
Date:
By:
Chief Counsel
Date:
NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required.
Local Agency
Deerfield (V)
Section
00- 00075 -00 -RS
IL 494 -032
Page 4
BLR 4251 (Rev. 4/02)
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ADDENDUM #2
An addendum to the Joint Village /County /State Agreement
For Project No.: M- 8003(006) in Lake County, Illinois
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "IT IS MUTUALLY AGREED ":
The following items are added:
5. Upon completion of the improvement and final inspection by the STATE, the jurisdiction, maintenance and ownership of Deerfield
Road improvement included herein shall remain as prior to this agreement.
6. That the COUNTY agrees to reimburse the LA, within thirty (30) days of the receipt of an invoice from the LA, in a lump sum, the
amount of $43,268.00 for the COUNTY's share of the Phase I and Phase II engineering for the roadway improvements on
Deerfield Road west of Wilmot Road, and for the traffic signals and equipment with interconnect, combination poles for street lights
and the modifications to the emergency vehicle pre - emption systems on Deerfield Road at Castlewood Lane and at Wilmot Road.
7. That the COUNTY agrees to pay the local match for the construction costs of the participating roadway items on Deerfield Road
located west of the back of curb adjacent to the northbound through lane on Wilmot Road, and the traffic signals and equipment
with interconnect, combination poles for street lights (hereinafter referred to as the Traffic Signals) and emergency vehicle pre-
emption systems at the intersections of Deerfield Road and Castlewood Lane and Deerfield Road and Wilmot Road (hereinafter
referred to as the Intersections). The COUNTY further agrees to pay twenty percent (20 %) of the local match for the participating
construction engineering as indicated on the Division of Cost table on Page 1 of this agreement.
8. That the COUNTY agrees to maintain, or cause to be maintained, the Traffic Signals at the Intersections, subject to reimbursement
by the LA as hereinafter stipulated. The LA agrees that upon satisfactory completion of the improvements, the Traffic Signals shall
become the sole and exclusive property of the COUNTY.
9. That the LA further agrees that the COUNTY shall have the sole and exclusive right and authority to control, operate, and regulate
the sequence and all other aspects of the phasing and timing of the Traffic Signals at said Intersections, inclusive of the emergency
vehicle pre - emption systems.
10. That the LA agrees to reimburse the COUNTY for one hundred percent (100 %) of the maintenance costs associated with the
Traffic Signals at the intersections of Deerfield Road and Castlewood Lane and Deerfield Road and Wilmot Road. Said costs for
the maintenance of the Traffic Signals shall be exclusive of any costs associated with the emergency vehicle pre - emption systems.
The LA further agrees that payment to the COUNTY shall be in a lump sum amount within thirty (30) days of the receipt of invoice
billings from the COUNTY That the LA agrees to pay one hundred percent (100 %) of all energy costs required for the operation of
the Traffic Signals at said Intersections. Said energy costs shall be paid directly to the utility company providing the energy for the
operation of said Traffic Signals.
11. By and between the parties hereto that from time to time said Traffic Signals shall require modernization, improvement, revision,
replacement, major repairs, upgrading, and /or interconnection with adjoining traffic control signals, hereinafter referred to as Future
Work. The COUNTY agrees to pay, with no reimbursement from the LA, one hundred percent (100 %) of all costs for.any Future
Work performed on the Traffic Signals at the intersections of Deerfield Road and Castlewood Lane and Deerfield Road and Wilmot
Road.
12. That the COUNTY shall cause to be maintained, at no cost to the STATE or the LA, the "Vehicle Preemption" equipment at the
signalized intersections of Deerfield Road and Castlewood Lane and Deerfield Road and Wilmot Road
13. That the LA shall maintain, or cause to be maintained, at no cost to the STATE or the COUNTY, the "Vehicle Preemption"
equipment at the signalized intersection of Deerfield Road and Chestnut Avenue.
SAWp2Wgrmts & Related Corr\Deerfield \00- 00075- 00- RS\BLR425I-Deerfield Road- CON.doc