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Home My WebLink AboutRESOLUTION - 6-04 - 3/9/2004 - JOINT AGREEMENT/IDOT RESOLUTION NO. 6-04 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE LIVELY BOULEVARD AND OAKTON STREET IMPROVEMENTS TRUCK ACCESS ROUTE PROGRAM FUNDING NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: TRUCK ACCESS ROUTE PROGRAM a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE:AYES: 4 NAYS: 0 ABSENT. 2 PASSED this 9' day of March 2004. APPROVED this 9' day of March 2004. APPROVED: Crates B. Johnson, Mayor ATTEST. Ann 1. Walsh Village Clerk Reso602AgreeID07TRUCKACCESS.doc Elk Grove Village Route: Lively Boulevard & Oakton Street Section Nos.: 00-00045-00-PV&03-00049-00-PV Job Nos.: C-91-261-01 &C-91-107-04 TRUCK ACCESS ROUTE PROGRAM This agreement is entered into this 9th day of March 2004 by and between the STATE OF ILLINOIS acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the VILLAGE OF ELK GROVE VILLAGE, in the State of Illinois, hereinafter called the VILLAGE. WITNESSETH WHEREAS, the parties hereto, in order to facilitate the free flow of traffic and insure safety to the motoring public, desire to construct: 1. Lively Boulevard from Illinois Route 72 to Devon Avenue, in the VILLAGE, said improvement to be identified as MFT, Section No.: 00-00045-00-PV and STATE Job No.: C-91-261-01 and; 2. Oakton Street from Lively Boulevard to Illinois Route 72, in the VILLAGE, said improvement to be identified as MFT, Section No.: 03-00049-00-PV and STATE Job No.: C-91-107-04 , hereinafter referred to as the PROJECT(Exhibit A); and WHEREAS, the parties hereto are desirous of utilizing Truck Access Route Program Funds which have been made available for the PROJECT; and WHEREAS, the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the businesses of the area and permanent in nature. THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1 Elk Grove Village Route: Lively Boulevard&Oakton Street Section Nos.: 00-00045-00-PV &03-00049-00-PV Job Nos.: C-91-261-01 &C-91-107-04 I. THE VILLAGE AGREES: 1. To process, let, construct and provide construction engineering for the PROJECT in accordance with Motor Fuel Tax (MFT) standards, policies and procedures upon approval of plans and specifications by the STATE. 2. 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 State of Illinois Auditor General and the STATE; and the VILLAGE agrees to cooperate fully w ith a ny a udit c onducted b y t he S tate o f Illinois A uditor G eneral a nd t he STATE; and to provide full access to all relevant materials. Failure to maintain books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for which a dequate b ooks,r ecords and s upporting d ocumentation are n of a vailable t o s upport their purported disbursement. 3. The VILLAGE agrees to retain jurisdiction and to maintain or cause to be maintained the completed PROJECT. 4. The VILLAGE agrees to pass an ordinance/resolution clearly defining the limits of the proposed 80,000-pound truck route along with identifying the class of truck route. A copy of said ordinancelresolution (EXHIBIT B) is attached hereto and made a part hereof. Such truck route shall be properly signed in accordance with the Illinois Manual on Uniform Traffic Control Devices. Cost of signing to be included in estimated cost of the PROJECT. 5. The VILLAGE agrees that any STATE funds reimbursed to the VILLAGE under the terms of this Agreement will be credited to the VILLAGE's Motor Fuel Tax (MFT) account if such funds were used for payment of the original PROJECT cost. 2 Elk Grove Village Route: Lively Boulevard & Oakton Street Section Nos.: 00-00045-00-PV& 03-00049-00-PV Job Nos.: C-91-261-01 &C-91-107-04 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. II. THE STATE AGREES: 1. To furnish off-site material inspection and testing at sources normally visited by STATE inspectors. 2. To concur in the award of the construction contract by the VILLAGE in accordance with the Standard Specifications for Road and Bridge Construction. III. IT IS MUTUALLY AGREED: 1. It is mutually agreed that the PROJECT will be designed, let, and constructed in accordance with MFT standards,policies and procedures. 2. For contracts awarded by the VILLAGE, the VILLAGE shall not discriminate on the basis of race, c olor,n ational o rigin o r s ex i n t he a ward a nd p erformance o f a ny USDOT— a ssisted contract or in the administration of its DBE program or the requirements of 40 CFR part 26. The VILLAGE 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 VILLAGE's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. 3 Elk Grove Village Route: Lively Boulevard & Oakton Street Section Nos.: 00-00045-00-PV & 03-00049-00-PV Job Nos.: C-91-261-01 & C-91-107-04 3. The DIVISION OF COST is as follows: Roadway Contract Anticipated TARP Funding Letting Date Lively Boulevard Higgins Road IL 72 to Howard Street 4/30/2004 $123,100 Lively Boulevard Howard Street to Chase Avenue 4/30/2005 $112,500 Lively Boulevard Chase Avenue to Devon Avenue 4/30/2006 $226,400 Oakton Street Livley Boulevard to Higgins Road IL 72 4/30/2004 $80,100 Totals $542,100 4. It is mutually agreed that the STATE's share of the PROJECT cost under the 80,000 pound Truck Access Route Program shall be made payable in Progress Payments not to exceed the amount of five hundred forty two thousand one hundred dollars ($542,100) or 50% of the final construction cost, whichever is lesser, made to the VILLAGE until the entire obligation incurred under this Agreement has been paid, payable upon award of the PROJECT and receipt of a request for payment from the VILLAGE. Upon receipt of the VILLAGE's first and subsequent progressive bills for this improvement, the STATE will pay to the VILLAGE, an amount equal to the STATE's share of the construction cost divided by the estimated total cost, multiplied by the actual payment. 5. 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 for the work contemplated herein. 6. This agreement and the covenants contained herein shall become null and void in the event a contract covering the work contemplated herein is not awarded prior to January 1, 2007. 7. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. 4 Elk Grove Village Route: Lively Boulevard & Oakton Street Section Nos.: 00-00045-00-PV &03-00049-00-PV Job Nos.: C-91-261-01 &C-91-107-04 Executed by the VILLAGE, the VILLAGE OF ELK GROVE VILLAGE 9th day of March 12004 Craig B. Johnson MAYOR ATTEST: Ann I. Walsh VILLAGE CLERK APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: Director of Highways ,200_ Date 5 Exhibit B ORDINANCE NO. 2979 AN ORDINANCE DESIGNATING 80,000-POUND TRUCK ROUTE (LIVELY BOULEVARD AND OAKTON STREET IMPROVEMENTS) WHEREAS, the Village of Elk Grove Village proposes to improve Lively Boulevard approximately 12,089.47 feet; and WHEREAS, the Village of Elk Grove Village proposes to improve Oakton Street approximately 1,234.50 feet, and WHEREAS, said 80,000-pound truck would be destined to various businesses along Lively Boulevard and Oakton Street. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That Lively Boulevard and Oakton Street approximately 12,- 089.47 feet and 1,234.50 feet respectively in the Village of Elk Grove Village is herewith designated as an 80,000-pound truck route, Class /I as defined by the Illinois Department of Transportation. Section 2: That this Ordinance shall become effective immediately upon completion of Lively Boulevard and Oakton Street Construction to accommodate said 80,000-pound loads. VOTE: AYES: 4 NAYS: 0 ABSENT. 2 PASSED this 9t' day of March 2004 APPROVED this 91n day of March 2004 APPROVED: Craig B. Johnson, Mayor ATTEST. Ann I. Walsh Village Clerk TruckRoute Lively.doc Elk Grove Village Route: Lively Boulevard & Oakton Street Section Nos.: 00-00045-00-PV & 03-00049-00-PV Job Nos.: C-91-261-01 & C-91-107-04 EXHIBIT A North t F e h' i3 0D1 I1�L� jOakton St Elk Grove Village, IL, 60D07 72 .5 Howard-2 Ot. ` „ -� 114. ---•_y- ,* _......_ ACI T _.. _ ted 1 r of-Ave-. k GrauO ' P 1 YISaFut Ln � Arthu,_Ave koscs 11 . 21 oxoawo�rae«tsuom "`}:ye. 2i Aye LOCATION MAP Lively Boulevard from Illinois Route 72 to Devon Avenue & Oakton Street from Lively Boulevard to Illinois Route 72 Village of Elk Grove Village,Cook County, Illinois 7