===== PDF PAGE 36 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 25-R-0025 - A Resolution Appropriating the Use of Motor Fuel Tax Funds and Approving a Request COMMITTEE AGENDA DATE: March 6, 2025for Expenditure/Authorization of Motor Fuel Tax Funds for COUNCIL AGENDA DATE: March 17, 2025 the Nuclear Drive and Northwest Avenue Reconstruction Project STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_________ _ ITEM SUMMARY: On December 2, 2024, the City Council approved Ordinance No. 24-0-0047 adopting the Annual Budget for the FY 2025 ending December 31, 2025, which included the proposed expenditure of the State Motor Fuel Tax (MFT) Funds for the Nuclear Drive and Northwest Avenue Reconstruction Project in the amount totaling $2,400,000.00. MFT funds are budgeted to maintain or improve streets, highways, and rights-of-way under the applicable provisions of the Illinois Highway Code. MFT funds shall be expended and administered by Local Agencies in accordance with the State's MFT standards, policies, and procedures. As a bondable capital improvement project, the Illinois Department of Transportation (IDOT) requires each Local Agency to submit, for IDOT approval, Form BLR 09110 - Resolution for Improvement Under the Illinois Highway Code and BLR 09150 - Request for Expenditure/Authorization of Motor Fuel Tax Funds form to expend MFT funds. The standard IDOT forms are enclosed for review and approval. ACTIONS PROPOSED: Approve Resolution No. 25-R-0025 authorizing the Executive Office Manager to execute and submit, to IDOT, the attached BLR 09110 - Resolution for Improvement Under the Illinois Highway Code and the Mayor to execute and submit, to IDOT, the attached BLR 09150 - Request for Expenditure/Authorization of Motor Fuel Tax and Rebuild Illinois grant funds in the amount of $2,400,000.00 for the Nuclear Drive and Northwest Avenue Reconstruction Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 37 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0025 A RESOLUTION AUTHORIZING THE EXECUTIVE OFFICE MANAGER TO EXECUTE DLR 09110 - RESOLUTION FOR IMPROVEMENT UNDER THE ILLINOIS HIGHWAY CODE AND THE MAYOR TO EXECUTE DLR 09150 - REQUEST FOR EXPENDITURE/AUTHORIZATION OF MOTOR FUEL TAX FUNDS IN THE AMOUNT OF $2,400,000.00 i'OR THE NUCLEAR DRIVE AND NORTHWEST A VENUE RECONSTRUCTION PROJECT BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Executive Office Manager is hereby authorized to execute the Illinois Department of Transportation BLR 09110 -Resolution for Improvement Under the Illinois Highway Code form, and the Mayor is hereby authorized to execute the Illinois Department of Transportation BLR 09150 - Request for Expenditure/Authorization of Motor Fuel Tax Funds, and both are authorized to submit the forms to the Illinois Department of Transportation for expenditures of Motor Fuel Tax funds for the Nuclear Drive and Northwest Avenue Reconstruction Project, a copy of which is attached hereto and incorporated herein as Exhibit "A". APPROVED this 17th day of March 2025. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 38 ===== [Extraction: embedded PDF text] (-ii;;\ Illinois DepartrJlent Resolution for Improvement of liansportation Under the Illinois Highway CodeW Is this project a bendable capital improvement? Resolution T e Resolution Number Section Number ~ Yes □ No ,__o_ri_gi_na_l_ _ ___...__l2_5-_R_-0_0_2_5 _ ___..I l24-00090-oo-PV BE IT RESOLVED, by the Council of the City -------,G=-o-v-er-ni,...ng----=-Bo_d,...y-=T,...yp_e_____ --=-------,-L-oc_a..,..,IP=-u...,..b.,,..lic_A,...g-e-nc-y-=T,...yp_e____ _ of West Chicago Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code. Work shall be done by Contract __,,c,...o-n.,-tra_c..,.t-or-.D....a-y .,..La_,b_o_r - For Roadway/Street Improvements: Length Name of Street(s)/Road(s) Route From To (miles) Nuclear Drive 0.3 0-2250 Harvester Road Dead End Northwest Avenue 0.14 0-0035 Nuclear Drive Dead End For Structures: Existing Name of Street(s)/Road(s) Route Location Feature Crossed Structure No. N/A BE IT FURTHER RESOLVED, 1. That the orooosed imorovement shall consist of Nuclear Drive & Northwest Avenue Reconstruction Project; Full-depth reconstruction and widening of road pavement with jointed PCC, street light removal and replacement, new sidewalk construction, installation of ADA compliant detectable warnings and ramps, driveway removal and replacement with curb & gutter, moving fire hydrants, miscellaneous structure adjustments, reconstruction or replacement and utility pipe repairs. 2. That there is hereby appropriated the sum of Two Million Four-Hundred Thousand ----------- - - ----------- Dollars ( $2,400,000.00 ) for the improvement ofsaid section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. Executive Office Manager I, Valeria Perez City -Glel'k in and for said City Name of-etert( _....,L,...o-ca_,,.1=p--,ub---lic_ A,,_g-e-nc-y-=T,...yp_e__ ----=-L-o_ca_l__P_ub_li_c_A-ge_n_cy_T_y_pe-- Execulive Office Manager of West Chicago in the State aforesaid, and keeper of the records and files thereof, as provided by Name of Local Public Agency statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Council of West Chicago at a meeting held on March 17, 2025 - ------,G,_.o-ve_r_,ni-ng....,B=-o....,d....,y=ry_p_e____ Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 17 day of March, 2025 Day Month, Year Printed 02/26/25 Page 1 of2 BLR 09110 (Rev. 01/18/23) ===== PDF PAGE 39 ===== [Extraction: embedded PDF text] Qll&nois~ Resolution for Improvement of Transportation Under the Illinois Highway CodeW (SEAL, if required by the LPA) Glefk Siqnature & Date Executive Office Manager Approved Regional Engineer Signature & Date Departmeat omansportaUoa I Printed 02/26/25 Page 2 of2 BLR 09110 (Rev. 01/18/23) ===== PDF PAGE 40 ===== [Extraction: embedded PDF text] IIDnois Department Request for Expenditure/AuthorizationQ of li"ansportation of Motor Fuel Tax FundsW Local Public Agency Type County Section Number I24-00090-00-PV.__lw_e_st_C_h_ica_g_o _______ ___,I !city !DuPage I hereby request authorization to expend Motor Fuel Tax Funds as indicated below: Purpose Motor Fuel Tax Amount Rebuild Illinois Amount County Engineer/Superintendent Salary & Expenses n/a Contract Construction $2,400,000.00 Day Labor Construction Engineering Engineering Investigations IMRF/Social Security n/a Maintenance Maintenance Engineering Obligation Retirement n/a Other Right-of-Way (Itemized on 2nd page) TOTAL $2,400,000.00 Comments Budgeted Local Funds: $180,000.00 Budgeted Total Contract Expenditure: $2,580,000.00 Local Pubhc Agency Official s,gnatuce & Dale I Approved Regional Engineer Signature & Date Department of Transportalioc I Department of Transportation Use Entered By Date F'-=I~------,1~1-~ Completed 02/26/25 Page 1 of 2 BLR 09150 (Rev. 07/07/22) ===== PDF PAGE 41 ===== [Extraction: embedded PDF text] Itemization of Right-of-Way Request Location of Property Cost of Acres Damage to Parcel Address of Right-of- Relocation Cost of Land Land not Street/Road Number Property Involved Property Owner Way Costs Acquired Acquired Total TOTAL Adq ltel:n I Completed 02/26/25 Page 2 of2 BLR 09150 (Rev. 07/07/22) ===== PDF PAGE 42 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA IT.EM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _Li---'-_•-=ES::;;__. __ Resolution No. 25-R-0026 - Execution of a Joint Funding COMMITTEE AGENDA DATE: March 6, 2025Agreement for State Participation (BLR 0531 OS) with the Illinois COUNCIL AGENDA DATE: March 17, 2025Department of Transportation for the Use of Economic Development Program Grant Funds for the Nuclear Drive and Northwest Avenue Reconstruction Project STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_ _ _______ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_ _ _______ _ ITEM SUMMARY: The Nuclear Drive and Northwest Avenue Reconstruction Project (Project), as denoted in the enclosed location map, has a total length of approximately 0.44 miles or 2,323 feet. The scope of the Project includes full-depth reconstruction and widening of the roadway pavement with jointed PCC pavement, streetlight removal and replacement, new sidewalk construction, installation of ADA-compliant detectable warnings and curb ramps, driveway removal and replacement with curb & gutter, relocation of fire hydrants, miscellaneous structure adjustments, reconstruction, and replacements, utility pipe repairs, parkway grading and restoration, pavement markings, traffic control and protection, and miscellaneous items to complete the project. The Project is tentatively scheduled for a spring 2025 local letting with construction anticipated to begin in the summer of 2025, pending timely approval of plans and specifications by the Illinois Department of Transportation (IDOT). The estimated construction cost is $2,747,531 .69. On October 31 , 2023, the City was awarded Economic Development Program (EDP) grant funds by IDOT for an amount not to exceed $930,000.00 for this Project. The Project will be generally funded using Local and EDP grant funds. As part of the implementation process prior to local letting, the City must approve and execute the Joint Funding Agreement for State Participation (BLR 0531 OS) with IDOT. Currently, the local match is estimated to be $1,817,531.69. The exact amount of the City's local match will be determined upon project closeout. The FY 2025 budget includes $2,400,000.00 in Motor Fuel Tax Fund Account No. 16-34-58-4807, $100,000.00 in Water Fund Account No. 06-34-47-4806, and $80,000.00 in Sewer Fund Account No. 05-34-43-4806 for a total budgeted amount of $2,580,000.00. The City will have to upfront the construction cost and seek reimbursement of the EDP funds in the amount not to exceed $930,000.00 from IDOT upon project closeout. Staff recommends approval of the Joint Funding Agreement for State Participation (BLR 0531 OS) for subsequent review and approval by IDOT. ACTIONS PROPOSED: Approve Resolution No. 25-R-0026 authorizing the Mayor to execute the Joint Funding Agreement for State Participation (BLR 05310S) for the use of Economic Development Program (EDP) grant funds in the amount not to exceed $930,000.00 for the Nuclear Drive and Northwest Avenue Reconstruction Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 43 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0026 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DLR 05310S- JOINT FUNDING AGREEMENT FOR STATE PARTICIPATION FOR THE USE OF ECONOMIC DEVELOPMENT PROGRAM GRANT FUNDS IN THE AMOUNT NOT TO EXCEED $930,000.00 FOR THE NUCLEAR DRIVE AND NORTHWEST A VENUE RECONSTRUCTION PROJECT BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute the Illinois Department of Transportation form BLR 0531 OS - Joint Funding Agreement for State Participation for the use of Economic Development Program Grant Funds in the amount not to exceed $930,000.00 for the Nuclear Drive and Northwest Avenue Rec~nstruction Proje~t, a copy of which is attached hereto and incorpoiat~d herein as Exhibit "A"; APPROVED this 17th day of March 2025. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 44 ===== [Extraction: embedded PDF text] llfinois Department Joint Funding Agreement forQ of lransportation State ParticipationW D State Participation [El Economic Development Program D Truck Access Route Program (TARP) LOCAL PUBLIC AGENCY .-L_oca_l_Pu_b_li_c_A_ge_n_cy___________________---, rC~o~un__ty._____ ____,, Section Number .__lw_e_st_C_hi_ca_g_o_(C_) _____________ ___.I IDuPage II24-00090-00-PV Construction Engineering Right-of-Way State Job Number State Job Number State Job Number ,~C--91--16-6-25-. - ~ 1,--1 ~~~___,11~---~ LOCATION Stationing ,_L_oca'-'--IS_tr_e_e_U_Ro~a~d_N--'a_m--'e'---------, ....~=-ey"-'--"Ro""'u"""te"'----------, Length ~F_ro_m___,~T_o___ ~ ,__INu_c_lea_r_Dr_iv_e____ ____.I ~[22_so_____~ l=lo.=30=========[.__]o._oo__[,.__lo._30__ Location Termini !Harvester Road to End rc~u~rre=n__t~Ju=r__is~di'-"-ct=io~n__________________ __,, Existing Structure Number(s) II Add Location I [._c_ity_ o_f _W_e_s_t_C_h_ic_a_go________________.....,l [~----------~.l.~ R_e_m_o_ve_..Jj Stationing .=Lo=ca="--1S"'"'tr"-'e=e=U'-'Ro=a=-=d'-'N=a=m=e'------------, ~K_.ey~R_o_u_te______ __, Length From To l~No_rt_hw_e_st_Av_e_nu_e ___~j~joo_35_____~ [=10.=14== =======[.__lo._oo__j,.__lo._14_ _____, Location Termini ]Nuclear Drive to End ..=C-=-urre'-'-=n=t=Ju=r=is-=dl=ct=io=n__________________ __,, ~E_xi_st_in_ S_tr_u_ct_ur_e_N_u_m_b~er~s---~I Add Location J "------==-=---,--=--=-=::----'L..j_R_em_o_v_e__JjI~C_ity_o_f_W_e_s_t_C_h_ic_a_g_o_______________ __,[ PROJECT DESCRIPTION Nuclear Drive & Northwest Avenue Reconstruction Project; (Section Number: 24-00090-00-PV); Full-depth reconstruction and widening of road pavement with jointed PCC, street light removal and replacement, new sidewalk construction, installation of ADA compliant detectable warnings and ramps, driveway removal and replacement with curb & gutter, moving fire hydrants, miscellaneous structure adjustments, reconstruction or replacement and utility pipe repairs. Page 1 of7 BLR 05310S (Rev. 05/09/24) ===== PDF PAGE 45 ===== [Extraction: embedded PDF text] Construction Engineering Right-of-Way .=L:.::;o-=-ca=l-=-P--=u=b=lic=-A=en'"'"c=--'------~ .=S=e-=-cti=·o""n"-N'-=-um=b-=-e;_r--~ State Job Number .=S=ta=t=e-=J-=-o=b-'-N'-"u""'mb=-"e"-r__ ~ State Job Number ~W_es_t_C_hic_a_go_(_C)_ __ J24-00090-00-PV Jj,..;:;.;;C-=91;.-=..;-1=-6-'--'-'6-2"'"""5=.;.._---,11 J.__J ____ __. 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, herein referred to as the "STATE". The STATE and LPAjoint proposes to improve the designated location as described in the Location and Project Description sections of this Agreement. The improvement shall be developed and constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's Motor Fuel Tax policies and procedures. I.GENERAL 1.1 Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE funding source, (ii) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment. The STATE shall provide notice, in writing to LPA of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 1.2 Domestic Steel Requirement. 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. 1.3. Severabllity. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 1.4. Termination. This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days' prior written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part, by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1 b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award. II. REQUIRED CERTIFICATIONS This Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500/50-5). 2.2 Bid Rigging. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-f of the Criminal Code of 1961 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively). 2.3 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because LPA, or its affiliate(s), is/are delinquent in the payment of any debt to the State, unless LPA, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and the LPA acknowledges STATE may declare the Agreement void if the certification is false (30 ILCS 500/50-11 ). 2.4 Debarment. The LPA 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. 2.5 Construction of Fixed Works. The LPA certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the Page 2 of7 BLR 05310S (Rev. 05/09/24) ===== PDF PAGE 46 ===== [Extraction: embedded PDF text] Construction Engineering Right-of-Way ..=L=oc=a=l..:...P-=u=bl=ic'--'A---'-"'-'e'-'-n=c...__ ___ ~ ...=S'-=e-"c-=-tio=n..;...;...;N-=u;;.:.m=b-=e.;...r--~ ...=S;..=;ta=-=t:.=.e--=J-"o=-b-'-N.;.:u;.:..m""b:...:e""r_ _ ~ ..-=S-=ta=-=t=-e-=J-=-o;::;.b..:...N;:.:;u""m""b:...:e;.:..r__ ~ State Job Number .__w_es_tC_h_ica_g_o_(C_)_ __, J24-00090-00-PV .__c_-9_1-_16_6_-2_5_ ____,J J II I_I----~ ments of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. 2.6 Criminal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or at least five (5) years have passed since the date of conviction. The LPA further certifies that it is not barred from receiving an runding award under 30 ILCS 500/50-10.5 and acknowledges that STATE shall declare the Agreement void If this certification Is false (30 ILCS 500/50-10.5). 2.7 Improper Influence. The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable. 2.8 Telecom Prohibition. The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced provided by the following companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies Company, Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.9 Personal Conflict of Interest- (50 ILCS 105/3, 65 ILCS 5/3.1-55-10, 65 ILCS 5/4-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the LPA may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family; c. his or her partner; or d. an organization which employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that LPA's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The STATE may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2.10 Organizational Conflict of Interest. The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract mav, without some restriction future activities, result in an unfair competitive advanta~e to the third party Ill. AUDIT AND RECORD RETENTION 3.1 STATE Audits. The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the Illinois State Auditing Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit, the STATE's independent audit, or as a result of any duly authorized inspection or review. 3.2 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 3.3 Accessibility of Records. The LPA shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, the STATE's inspector General, and any other person as may be authorized by the STATE (including auditors), by the State of Illinois. The LPA shall cooperate fully in any such audit or inquiry. 3.4 Failure to maintain the books and records. 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 terms of this Page 3 of7 BLR 05310S (Rev. 05/09/24) ===== PDF PAGE 47 ===== [Extraction: embedded PDF text] Construction Engineering Right-of-Way ,....L-'-o-'-ca~I_P-'-u___b_lic'--A__.._e~n-'-c..____ _, ""S'""e-'-c-"-lio"--n_N-'-u_m--'b-'-e_r-----. State Job Number State Job Number State Job Number ..__w_es_t _Ch_ic_ag_o_(C_) _ ___. 124-00090-00-PV l-lc "'-'--9"'-'1--'--'16'-'--6--'-'--2'""""5 -"-----.I .-"-'I~~='------.I I..______ ____. tract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial funding and payment for work specified under this Agreement. 4.2 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. LPA's must justify continued funding on inactive projects. An inactive project is defined as a project with no expenditures for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) months period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the date of execution of this Agreement. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.3 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. 4.4 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 thew 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 closeout of the project and loss of further funding. 4.5 Project End Date: The period of performance (end date) for state obligation purposes 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. Joint agreement amendments for time extensions 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. V. THE LPA AGREES 5.1 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 Ill 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. 5.2 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. 5.3 To provide on-site engineering supervision and inspection during construction of the proposed improvement. 5.4 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. 5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by addendum) in a manner satisfactory to the STATE. 5.6 To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 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 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 Page4 of7 BLR 053105 (Rev. 05/09/24) ===== PDF PAGE 48 ===== [Extraction: embedded PDF text] Construction Engineering Right-of-Way ~L=oca=='-'-P-=u=bl=ic""'A""""e""n=c.,__ _ _ ...., ~S"'e-=-cti=·o"-'-n'-'N'-'-=um"-=b""'er'-------. State Job Number State Job Number State Job Number ~W_es_t_C_hic_a_go_(_C)__ ~ ~J24_-o_o_o9_0_-0_0-_Pv__l -=lc=-9c:....=1-=-=16'"""""6=-2=5 -=-'--~I ~----~I~----~ rcement 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 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. 5.11 To provide all initial funding and payment for work specified under this Agreement. 5.12 The LPA has entered into an economic development agreement with Blachford Acoustics Group Company herein referred to as the "COMPANY." As required by Public Act 93-552, the COMPANY agrees to annual submit to the STATE for a period of five calendar years from the execution of this Agreement, a progress report of employment. All annual progress reports will be completed on-line through the Department of Commerce and Economic Opportunity. The initial Employee Reporting Form should be attached as "Schedule 3." The agreement between the LPA and COMPANY delineating the reporting requirements attached as "Schedule 4." 5.13 It is mutually agreed that in the event of a default by the COMPANY on their commitment to create and/or retain jobs, the STATE will seek reimbursement of the Economic Development funds provided for this Project from the LPA. This determination to seek reimbursement will be based on an evaluation of the information reported in the annual progress report of employment required in Article 5.12 of this Agreement. Failure to submit the required employment report will be considered default on the COMPANY's commitment. VI. THE STATE AGREES 6.1 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 II and Ill Requirements. 6.2 To reimburse the LPA for the state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA. 6.3 To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. SCHEDULES Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. IE] 1. Division of Cost IE] 2. Location Map □ 3. Employee Reporting Form □ 4. Local Public Agency/Company Agreement □ □ □ □ Page 5 of7 BLR 05310S (Rev. 05/09/24) ===== PDF PAGE 49 ===== [Extraction: embedded PDF text] Construction Engineering Right-of-Way "'"L"'"o""ca=I_P-=u-=-b=llc'""A"'""'""'e"'"n'""c..,_____ _,, '""S-=e-=-ctJ='o"""n'""'N-'-u'-m""""b"'"'e"'"r__ _, State Job Number State Job Number State Job Number .__w_es_t_C_hic_a_go_(_C_) _ ____. I24-00090-00-PV r-'lc"'"'-9----'1-~16'----6~-2--'5 I ---'---.I r--1~ '-"-'--~~----,I .__I____ ___. AGREEMENT SIGNATURES EXECUTION The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules. APPROVED Local Public Agency Name of Official Print or T e Name Ruben Pineda Tltle of Official !Mayor .__ISlgn-atur-e - - - - - -~ I[ ~ The above signature certifies the agency's TIN number is _3_6_-6_0_0_6_1_4______ conducting business as a Governmental Entity. DUNS Number 113554448 UEI LQLNCLHFMNJ4 APPROVED State of Illinois Department of Transportation ....r _m_e_r_O_s_m_a_n_, _P_.E_._•S- e-c-re_ta_ ry_o_f_T_ra_n_s_p-orta- t-io_n______ __.f :=J By: !George A. T apas, P.E., S.E., Engineer of Local Roads & Streets ID~ I rephen M. Travla, P.E., Dlraotor of Highways Pl/Chief Engineer r~ l.__~_ic_h_a_e_lP-ra- le_r_.C-h-i-ef_C_o_u_n_s_el____________ __.l ID~ I....V-ic_k_i W- ils_o_n_,_C_h_ie_f _F-is_ca_l_O_ffi_1ce_ r ___________ __.lID~ NOTE: If the LPA Signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. -- Page 6 of7 BLR 05310S (Rev. 05/09/24) ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] SCHEDULE NUMBER 1 Construction Engineering Local Public Agency County Section Number State Job Number State Job Number West Chicago (C) DuPage 24-00090-00-PV C-91-166-25 DIVISION OF COST State Funds Local Public Agency | Type of Work Fund Type Amount % Fund Type Amount % Totals | Participating Construction EDP $930,000.00} * {Local $1,817,531.69} * $2,747,531.69 Total $930,000.00] Total $1,817,531.69 $2,747,531.69 If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below: MAXIMUM EDP FUNDING NOT TO EXCEED $930,000. be used in the final division of cost for billing and reimbursement. Page 7 of 7 BLR 05310S (Rev. 05/09/24) 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 State participation. The actual costs will ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] Schedule Number 2 Location Map Nuclear Drive & Northwest Ave Reconstruction Project Nuclear Dr from Harvester Rd to Dead End (1570 feet or 0.297 miles) Northwest Ave from Harvester Rd to Dead End (720 feet or 0.136 miles) Length: 2,290 Feet or 0.433 Miles West Chicago, DuPage County — Bail ea Project Limits . a . Ne > ;