2020-39 - Authorizing the Village of Buffalo Grove to match federal funds in the amount $3,167,508 or as much as may be needed in the completion of MFT relating to improvements on Brandywyn Lane and Thompson Blvd-Stage 2 - 08/17/2020 1pI t Local 'u bll Agen r merit Mgr
fir" for Federal Participation
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on Mate Letting IConstruction Lracai Letting D ay Labor Ej Loca'4 Administered Engineering �.w� Right-of--Way
Construction Engineering Right of Way
,Job Number Fraject Number gob Number Project Nuarnber .fob Number Projj, t Ncarnlber
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TN�rNs Agreement is rmrade and entered into between the above local public;agency, hereinafter referred to as the"LPA"and the State of
Illinois" acting by and throaagh its Department of Transportation, hereinafter referred to as"STATE",,The STATE and LPA jointIy propose to
Improve the desigrmated tocatuon as described below,The'irruproverrient shall be consulted In accordance with puns prepared by, or on
behalf of the LPA and approved by the STATE using the STATE"s pokies and procedures approved and/or required by the Federa9
Highway Adnilnistratlon, hereinafter referred to as"FEN' " ,",
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Location Terrnini
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Location Term ini
rove 'R� oad to Highland Grove Road
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_.. .......... .................. .."_._._.m__. P Current Jurrsdrr�tua�r� Exi
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uffab Grove t
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tlj Buffalo Grovei
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"ro e t onSlSt ctf the r nt n tlruntion and resurfacing! of l r nd w n ILane and reconstruction of
...Thompson
oul vard, lrn ruvt i untS include ciurd and gutter, ADA upgrades, landscaping restoration and other associated
lrrt r v rrit ntS t a t l to the 1prnj t,
Fnnted ttil ire/20 Page 1 of 6 Si.R GNf 310(Rey 05/29/201)
- r
P P"R I, ION - E I�IIR I� fAaT ET �� �� TS
By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to
fund the LPA share of project costs,A copy of the authorizing resolution or ordinance is attached as an addendum.
Check
_,E 0b,,`0j �I I tr ct'k�ram �V� I )
One
E] METHOD A-Lump Sum( 0%of LPA Obligation _ )
Lump Sure Payment-Upon award of the contract for this improvement, the LPA:will pay the STATE.within thirty(30)calendar days of
billing, in lump sum„ an amount equal to 30%of the LPA's estimated obligation Incurred under this agreement. The LPA,will pay to the
STATE the remainder of the ILPA's obligation (including any nonparticipating costs)in a lump SLIM within thirty(30)calendar days of billing
in a lump sum, upon completion of the protect based on final costs-.
METHOD S - Monthly Payments of due by the of each.successive month.
Monthly Payments-Upon award of the contract for this improvement„the LPA, will pay to the STATE a specified amount each month for
an estimated period of months„or until 80%of the LPA's estimated obligaHon under the provisions of the agreement has been paid. The
LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs)in a Illu p sum, upon completion of
the project based upon final casts.
Z METHOD C - LPA's Share Balance divided by estimated total cost muitipiied by actual progress payment.
Progress Payments- Upon receipt of the contractor's first and subsequent progressive bills for this,improvement, the LPA will pay to the
STATE within thirty(3 )calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated
total cost multiplied by the actual payment(appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation
incurred under this,agreement has been paid.
Failure to remit the payments)In a timely manner as required Under Methods A, t3,or C shall allow the STATE to internally offset, reduce,
or deduct the arrearage from any payment or reimbursement due or about to become due and payable frorn the STATE to the LPA on this
or any other contract, The STATE at its sole option, upon notice,to the LPA, may place the debut into the Illinois Comptrollers Offset
System,(15 iLCS 405/1 y.05)or take such other and further action as may be required to recover the debt.
THE LPAw'At�q E
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 Thies it and III of the Uniform Relocation Assistance and Peal 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 Ili of said Uniform Act have been satisfied, The disposition of encroachments, if any,with be
cooperatively determined by representatives of the LPA, the STATE„and the FH A if required.
. To provide for all utility adjustments and to regulate the use of the right-of-way of thi's 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 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, a jurisdictional addendum is required.
.. To maintain or cause to be maintained the completed improvement(or that portion within its jurisdiction as established by
addendum referred to in item 4 above)in a manner satisfactory to the STATE and the FH'"ia'A,.
. 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 minimuirn 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 ail 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 provide if required„ f'or the improvement of any railroad-highway grade crossing and Raul 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 FH A.
10, (Local Contracts or Day Labor)To provide or cause to be provided all of the initial funding„equipment, labor, material.and
services necessary to complete the project„
11, (Preliminary Engineering) In the event that right-of-way acquisition for, or 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 Fhi"w"wa'A
authorization,the LPA will repay the STATE any Federal funds received under the terms of this agreement„
12. (Right-of-Way Acquisition) In the event construction has not commenced by the close of the twentieth fiscal year following IFHW'A
authorization using right-of-way acquired this agreement,the LPA will repay the STATE any Federal Funds received) under the
terms of this agreement,
11 (Railroad Related Work)The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/
Printed 10F16/20 Page 2 of 6 3LR 05310(Rev.05/2 120)
railroad agreement prior to requesting reirnbUrsernent from the STATE, Requests for r6rnbursement should be sent to the
appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with
the Division of Cost.
14, 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, atternipfing to obtain, or performing a public (Federal,
State or local)transaction or contract under a public transaction;violation of Federal or State antirust 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 conStltUteS the LIPA'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 ILPA's certification that:
a. No federaf 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 eirnployee 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.
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 officer or employee of any agency, a member of congress, an officer or employee of congress or an empioyee of a
member of congress in connection with this federall contract, grant, ban, 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 4icfuded in the award documents for all subawards (including
subcontracts, subgrants,and contracts under grants, loans and cooperative agreements), and that all s,ubrecipients shall certify
and disclose accordingiy,
18.To regulate parking and traffic in accordance with the approved project report,
191.To regulate encroachments on public rights-of-way in accordance with current illinois Compiled Statutes_
20,, To regulate the discharge of sanitary sewage, into any storrn water drainage system constructed with this improvement in
accordance with the current,Ulinals Compiled Statutes.
21. To comply with the federal Financial Integrity Review and Evaluaflon (FIRE) program,which requires States and subrecipients to
justify continued federal funding on inactive projects 23 CFR 630.106(a)(5)defines an inactive project as a project in which no
expenditures have been charged against federal funds for the past twelve (12) months
22. (Reimbursement Requests) For reirribursement requests the LPA will submit supporting dociumentaflon with each invoice.
Suppoitng 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 0:5621 should be used for consultant invoicing purposes), LPA invoice requests,to
the STATE will be submitted with sequenfiap invoice numbers by project,
23 ((Final Invoice)The LPA wiH submit to the STATE ,a complete and detailed final invoice with applicable supporting
documentaflon 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, which ever occurs first, ff a final invoice is not received within this tirne frame, the most
recent invoice may be considered the final invoice and the obligation of the funds closed. Form SLR 05613 (Engineering Payment
Record) is required to be submitted with the final invoice on the engineering projects.
24. (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 my 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,
25. (Project End Date) For Preliminary Engineering projects the end date is ten ('10)years from the execution date of the agreement.
For Right-of-Way projects the end date is fifteen (15) years from the execution date of the agreement, For Construction projects
the end date is five (5)years for projects under$1,000,000 or seven (7)years for projects over$1,000,000 from the execution
date of the 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.
26. (Single Audit Requirements)That 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 shalibe exempt from compliance.A copy
of the audit report must be submitted to the STATE (Office of Internal Audft, Room 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
27. That the LPA is required to register with the System for Award Management or SAM, which is a web-enabled government-wide
Printed:10/16/20 Page 3 of 6 BLR 05310(Rev.05/29/20)
app4cation that collects, validates, stores, and disseminates business infornialJon about the federal government's trading partners
in support of the contract award arid the electronic payment processes, 'To register or renew, please use the following website:
2& (Required Uniform Reportjng�To comply Wth the Grant Accountalaflity and Transparency Act(30 ILCS 7018)that requires a
uniform reporting of expenditures, Uniforin reports of expenditures shaill be reported no less,than quarterly using IDOT's BoBS
2832 form available on IDOT's web page under the"Resources"tab, Additional reporfirIg frequency may IbE required based upor)
specific condiflons, as listed in the accepted Notice of State Award (NOSA), SpecMc conditions are based upon the award
redpient/grantee's responses to the,Fiscal and Administrative Risk As,.;essnient(IC Q)and the Programmatic Risk Assessment
(PRA).
NOTE: Under the terms of the Grant Funds Recovery Act(30 H-CS 705/4.11), "Grantor agencies may withhold or suspend the
distribufion of grant funds for failure to file requirement reports" if the report,is more than 30 calendar days delinquent,without any,
approved written expianation by the grantee, the entity wfli, be placed on the Hlinois Stop Payment List, (Refer to the Grantee
Compliance Enforcement Systern for detail about the Illinois Stop Payment List: httr)s./iwww,l:lllir)olus,go,v/sites/GATA/Pages/
ResourceLibrary asp )
T—HESTATE AGFk�-ESI-
1. To provide SUch quidance, assistance, and supervision to monitor and perform aiudrts to the extent necessary to assure vafidity of
the LPA's ceirtificatilon of compliance with Title ll and ill ReqUirenients,
2. (State Contracts)To receive bids for constrLlCti0f) of the proposed arnprovement when the plans have been approved by the
STATE(and FHWA, if required) arid to award a contract for constr=fiOrl Of the proposed improvernent after receipt of a
satisfactory bid,
I (Day Labor) To authorize the LPA to proceed with the construction of the irn prove ment when agreed unit prices are approved,
and to r6irnburse the LPA for that portion of the cost payable from Federal and/or State funds based on the agreed ,unit prices
and engineer's pay estimates in accordance with the division of cost page,
4, (Locai Contracts) For agreements with,federal arrd/or state fUnds in engineerinigi, right-of-way, utility work anftr constrUCUOIrl
work
a. To reirr-iburse the LPA for federal and/or state shaire on the basis of Ipeiriodic billings, provided said Ulfings contain sufficient
cost information and show evidence of payments by the LPA:
b. To provide independent assurance samiplling and furnish off-site, rnateriai inspechon and testing at sources normally visited by
STATE inspectors for steel, cement, aggregate, $IrLlCtUra9 steel, arid other rTmtieria,is customarily tested by the STATE.
IT IS UALLY,AGREED:
I CoinstrucUon of the project wW utilize dornestic steel as required by Section 106 01 of the current edition of the Standard
Specifications for Road and Bridge Construction and federal Buy America i-,)rovisions.
2. That this Agreement and the covenants corfta,iined herein shalll become nuH 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 assugns.
4, For contracts awarded by lhe LPA,the LPA shalt not discriminate on the basis of race, color, nafiona9 origin or sex in the award
and performance of any USDOT-assisted!contract or in the adrninlstrafion of its D program,or the requirements of 49 CFR
part 26. The LPA shaiB 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 DB,E pirograrvil, as required by 49 CFR part 26 and as approved by
USDO,T, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry oiut its approved
program, the STATE may impose sanctions as provided for under part 26 arid may, in appropriate cases, refer,the matter for
enforcement uinder '18 U& C 10011 and/or the Program Fraud Civil Rerniedies Act of 1986(31 US C 3801 at seq.), in the
absence of a USDOT-approved LPA DBE Program or on state awarded con tracts, this agreernent shall be admiinistered under
the provisions of the STATE'S USDO,T approved Disadvantaged Business Enterprise Program,
5. In cases where the STATE is reimbUrsng the LP'A, obligation of the STATE shall cease irnmediately without penalty of further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fail&, to appropriate
or otherwise make available funds for the work,contemplated herelin,
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 PrevaiHing Wage Act(820 ICS 130/0,01 et _q ) unless the provisions of the act exempt its
application,
ADDENDA
Additional information and/or stipulations are hereby attached arid identified below as being a part of this agreement.
..........
X I. Location Map ..........................................
X 2. Dvisbn off t
.......................
( X 3, LPA Funding Authorization Resolution
.............................
"X L4. GATA Reporting . ................................... -----------
Printed 10/16/20 Page 4 of 6 BLR 053,10(Rev.05QW20)
The LPA further agrees as a condition of payment, that it accepts and will comply Mth,the applicable provisions set forth in this agreement
and all Addenda:indicated above,
APPROVED APPROVED
Locall Pubfic Agency State of Minois
Department of Transportation
Name oft ffic4�EE�nt or Type N�rr�q)
.......... Omer Osman, P E Actin q Secreta Date
reverly SUSSrnan 7V- ...........
Title of Official
ViHage President
-1g.natu-re Date Director of Planning Date
.......... .
f
................
Director of Plannti i Date
The above signature certifies the agency's Tin number is
362525051 conducting business as a Governrnental Entity.
Duns Number 074402751
--. ......--- Philip CjKaufmann, Chief Cosa nseL.. Date
AJA
Joanne Woodworth,Aeting_Chief Fiscal Officer Date
d14 ..........
NOMif the LPA signature Is by an APPONTED official,a resolution authorizing said appointed official to execute this
agreement is required,
Printed 08/06/20 Page 6of 7 B LR 05310(Rev.0512!9/20)
Buireau of LcicW Roads and Streets
Front grr~eirn ra povaa L.lµ t
Page Job n Number , � Agreernen
,
...... _.1- -91- 16 18 Fox fake $3o219,724
1 � C-91- 1-19 Oarendon Flift9,11 0
C-91-091-210 BluffialoGrove ; ,6 „
1�5 -16 Ca hr» ,a .......... _. 05,000
..
1-11 8 1 9 j 0 11et 1„1 8 2,149
......
..... _.. _ . ,. ,... ...r
23 1m.m... � 1 " $426,100
91 erose
5-2 - -1 �.
i Carroll County
5.. .......,. -9 2 Stephenson4„ 00
... a�.. C 9 ... ...�. "".rv. _.., � ....,. , .�,.,._ .,... ....._ ._._...,
5-4
�. " -04 -1 6
.. Pporia County $1„790,0 .,..
.......... . __... ...... _ . .... ..
7-2 07 1
Page '1 of
BUreau of Local Roads and Streets
Joint Agreement Approval Ust
The above is a lisfing ofJoint agreernents for improvements scheduied for the
State L-effing. The joint funding agreements associated with the projects have
belen reviewed by the Department and recommended for execution, Concurrence
is hereby givein to execute d'"ie joint funding agreements !start above.
B By� ar ...........
('.hner Osrn�an, Ac�i."i�g Secretary )Oanne Woodworth,Ading Chief
Office.
Date:Date:
By: N/A
4,
vector of Planning and Philip 0
Pro gramn*g
Date: Date:
Page 2 of 2
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COUNTY/CII'Y/VILLAGEI/I'OWNSII:IP of Buffalo Grove
Location, _Bran Ay yii,.[.,ane & Thoiiir)son Boulevard—Sta e2
Section No.: 16-00106-02-RS
Project No.: PR61)fq(ji)_
Job No,: (:I-_9 F_6�)f_-2 0
Lake— County
R, E S 0 1, U T 10 N 2020 - 39
WHEREAS, The VILLAGE of BUFFALO GROVE is attempting to improve a
segment of Brandywyn Lane frorn. Aptakisic Road to Prairie Road that is approximately
1.135 miles in lengthand'17hompson Boulevard from Buffalo Grove Road to Weiland Road
that is approximately H.161miles in length.
WIIEREAS, the cost of said improvement has necessitated the use of federal funds.
WHEREAS, the federal fund source requires a local match.
NOW THEREFORE, BE IT RESOLVED by the VILLAGE of BUFFALO GROVE Board
of Trustees that the VILLAGE of BUFFALO GROVE authorized Three Million One
Hundred Six-Seven Thousand Five Hundred and Eight dollars, ($3,167,508) or as much
may be needed to matclifederal funds in the completion of MFTFSection Number 16-
00106-02-RS,
BE IT FURTHER RESOLVED that the VILLAGE President and VILLAGE Clerk
be and are hereby authorized and directed to execute the above-mentioned AGREEMENT
and any other such documents related to advancement and completion, of said project; and
BE IT FURTHER RESOINI'11) that the VILLAGE, Clerk is hereby directed to
transmit five certified copies of this resolution to the Illinois Department of Transportation
through the Division of Transportation and one certified copy to the VILI..,AGE through
the VILLAGE Clerk's Office.
Enacted and approved this 17th day of August, 2020, at VILLAGE of BUFFALO
GROVE, Illinois.
ADOPTED this, 17" day of August, 2020.
AYES: 6 --Stein, Ottenheimer, Weidenfeld,Johnson. Smith, Pike
NA YES: 0-,-None
ABSENT: 0— None
I:lr, (c I rly Sussman,Tlage President
ATTEST:
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Addendum 4
Grant Accountability and Transparency Act (GRATA)
Required Uniform Reporting
The Grant Accountability and Transparency Act (30, IL S 708), reqluires a uniform reporting of
expenditures. Uniform reports of expenditures shall be reported no less, than quarterly using
I DOT's Bo 28 2 form available on I D,OT'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 i(PRA).
PLEASE NOTE: Under the terms of the Grant Funds Recovery Act (30 ILLS 70514.1), "Grantor
agencies may withhold or Suspend the distribution of grant,funds for failure to file requirement
reports"if the report is more than 30 caIendar 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,iIlinois.ciov/sites/GATA/Pages/ResourceLibrary.aspx