HomeMy WebLinkAboutRESOLUTION - 23-02 - 5/14/2002 - AGREEMENT/IDOT/INTERSECTION IMPROVEMENTSRESOLUTION NO.23-02
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE
ILLINOIS DEPARTMENT OF TRANSPORTATION (BUSSE ROAD/DEVON AVENUE
INTERSECTION IMPROVEMENTS
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 is That the Mayor be and is hereby authorized to sign
the attached documents marked:
JOINT AGREEMENT
Busse Road and Devon Avenue
Intersection Improvements
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: 6 NAYS: 0 ABSENT: 0
PASSED this 14th day of May, 2002.
APPROVED this 14`" day of May, 2002.
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh
Village Clerk
ResoMintersectBusseAgree.doc
CERTIFICATE AS KEEPER OF THE RECORDS AND FILES•Full Sheet Sizt
STATE OF ILLINOIS
COUNTY OF COOK
I, David D. Orr, County Clerk of Cook County, in the State aforesaid and keeper of the
records and files of said Cook County, do hereby certify that the attached is a true and exact copy
of an Improvement Resolution approved by the Cook County Board of Commissioners at their
meeting of September 20, 2001, all of which appears from the records and files of my office.
State of Illinois
Resolution for Improvement by County
Under the Illinois Highway Code
BE IT RESOLVED, by the County Board of Commissioners of Cook County, Illinois, that the
following described County Highway be improved under the Illinois Highway Code:
County Highway B11. Devon Avenue at Busse Road; and,
BE IT FURTHER RESOLVED, that the type of improvement shall be the channelization of the
intersection with dual left turn lanes in all quadrants and right turn lanes and shall include
bituminous resurfacing, traffic signal modernization, ditch enclosure, pavement marking, drainage
additions and adjustments, landscaping, engineering and other necessary highway appurtenances
and shall be designated as Section: 01 -B1117 -05 -CH MFT; and,
BE IT FURTHER RESOLVED, that the improvement shall be constructed by the Village of Elk
Grove and administered by the State of Illinois; and,
BE IT FURTHER RESOLVED, that there is hereby appropriated the sum of One Million and
Six Hundred Thousand and N0/100 Dollars, ($1,600,000.00) from the County's allotment of
Motor Fuel Tax Funds for the construction of this improvement; and,
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies
of this resolution to the District Office of the Illinois Department of Transportation.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the Seal of said County at my office in the City of
Chicago in said County, this 20th day of September A.D.
2001.
County Clerk
APPROVED BY BOARD OF
COOK COUNTY COMMISSIONERS
COM
SEP 2 0 2001
Loal Agency Section ,
Illinois Department
Elk Grove Village V \� Of Transportation 99 -00042 -00 -CH (V), 01 -131117 -05 -CH (Co.
Local Agency Agreement Fund Type
for Federal Participation STU
State Contract Day Labor Local Contract RR Force Account
X
This Agreement is made and entered into between the above local agency (LA) and the state of Illinois, acting by and through its
Department of 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.
Location
Local Name IL 83 (Busse Road) Route FAU 3512 Length 0.605 Mile
Termini And Devon Avenue Intersection
Current Jurisdiction IL 83: State Devon Avenue:
Project Description Existing Sir. No. N/A
Earth excavation and pavement removal, retaining wall and junction chamber construction, construction of storm sewers, drainage
structures, combination concrete curb and gutter, PC concrete base course widening, binder and surface courses, concrete sidewalks,
traffic signal modifications; pavement markings, and all incidental and collateral work thereto.
Division of Cost (See Page 5)
Type of Work FHWA % State % LA % Total
Participating Construction ( ) ( ) ( )
Non -Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL ¢ c e ¢
NOTE: The above costs are approximate and subject to change. The final LA 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.
Local Agency Appropriation
By execution of this Agreement, the LA is 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's total cost.
Method of Financing (Stale Contract Work)
METHOD A ---Lump Sum (95% of LA Obligation)
METHOD B-- Monthly Payments of
METHOD C -X -LA's BAL divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Construction Engin Ri ht-of-Wa
Job Number
Project Number Job Number
Pro'ect Number Job Number Pro'ect Number
C-91-488-99
M-7003(829)
Page 1
IL 494-0327 BLR 4251 (Rev. 4/02)
Agreement Provisions
THE LOCAL AGENCY AGREES:
(1) To acquire In its name, or in the name of the state if on the state highway system, all right-of-way necessary for 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 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 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 Local 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, 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 LOCAL AGENCY 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 Wit 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 IA'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 contractors first and subsequent progressive bills for this
Improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided
by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs)
made to the contractor until the entire obligation incurred under this 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 I Secn
Elk grove Village (V) 99-0tio0042-00-CH (V), 01 -81117 -05 -CH (Cook Co.)
Page 2
IL 494-0327 BLR 4251 (Rev. 4/02)
(14)
(15)
(16)
(17)
18)
19)
20)
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.
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.
(STATE Contracts) That execution of this agreement constitutes the LOCAL AGENCY's concurrence in the award of the
construction contract to the responsible low bidder as determined by the STATE.
That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY'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 LOCAL AGENCY shall require that the language of this certification be Included in the award documents for all
subawards at all lies (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
To regulate parking and traffic in accordance with the approved project report.
To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
To regulate the discharge of sanitary sewage Into any storm water drainage system constructed with this Improvement in
accordance with current Illinois Compiled Statutes.
HE STATE AGREES:
To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure
validity of the LA's certification of compliance with Titles II and III requirements.
(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.
(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.
(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 LOCAL AGENCY 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 LOCAL AGENCY.
(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.
Ical Agency Section
Ik Grove Village (V) 99 -00042 -00 -CH (V), 01 -B1117 -05 -CH (Cook Co.)
Page 3
L94-0327 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 LOCAL AGENCY, the LOCAL AGENCY shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of any USOOT — assisted contract or in the administration of its DBE program or the
requirements of 49 CFR part 26. The LOCAL AGENCY 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 LOCAL AGENCY'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 at seq.). In the absence of a USDOT — approved LOCAL AGENCY 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 LOCAL AGENCY, 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 Map ' Number 2 changes in Agreement Provisions.
(Insert addendum numbers and liffes as applicable)
The LA 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
Name Craig B. Johnson
Title Mayor
CouyZyBoard ChairparsoNMayorNiliage President/etc.
Signature
Date / /
/ A y 14, 40.2
NOTE: If signature Is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement
Is required.
Local Agency
Elk Grove Village (V)
Section
99 -00042 -00 -CH (V), 01 -81 1 '17 -05 -CH (Cook Co.)
IL 494-0327
S:\Gen\Wp2�dr020412arclkgmagrt t,dm
APPROVED
State of Illinois
Department of Transportation
By
Director of Higtrways '
Date =
Page 4
BUR 4251 (Rev. 4/02)
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Elk Grove Villageh— 83 (Busse Road) and Devon Avenue
Section No.: 99 -00042 -00 -CH, County Section No.: 01 -B1117 -05 -CH
Cook & DuPage County
ADDENDUM #2
An addendum to the Joint Village -State Agreement
For Project No.: M-7003(829) in Cook & DuPage County, Illinois
CHANGES IN "AGREEMENT PROVISIONS"
UNDER "LA AGREES":
(4) Is stricken, in its entirety.
(5) Is stricken, in its entirety.
UNDER "IT IS MUTUALLY AGREED":
The following items are added:
(5) The COUNTY shall pay one hundred percent (100%) of the Local Match
under its Section: 01 -B1117 -05 -CH (documentation of appropriation attached)
and pay any construction and construction engineering costs in excess of Federal
Participation up to the maximum aggregate of $1,600,000.00 under same Section
Number with the exception of sidewalk and watermain costs.
(6) The LA shall pay one hundred percent (100%) of the construction costs for
new sidewalk and watermain relocation.
(7) The LA will bill COUNTY, on a progressive basis, COUNTY's project
costs. Said bills to be identified as County Section 01 -131117 -05 -CH.
(8) All traffic control equipment to be used in the traffic signal work included
herein must be approved by the STATE prior to its installation. The STATE must
be notified a minimum of three (3) working days prior to the final inspection.
Final inspection of the signalized intersection will be made by a representative of
the STATE, and, if satisfactory, authorization for turn on will be given.
(9) Following construction and for as long as Devon Avenue is used as County
Highway (B11), the COUNTY shall continue to have jurisdiction over, operate
and maintain Devon Avenue, County Highway B 11.
Elk Grove Villageh- S3 (Busse Road) and Devon Avenue
Section No.: 99 -00042 -00 -CH, County Section No.: 01-B1 117 -05 -CH
Cook & DuPage County
(10) Following construction and for as long as Busse Road is used as State
Highway 83, the STATE shall continue to have jurisdiction over, operate and
maintain Busse Road (including the traffic signals at its intersection with Devon
Avenue) as a State Highway.
(11) Upon acceptance of the traffic signal work of IL Route 83 at Devon Avenue
the financial responsibility for the maintenance and electrical energy for the
operation of the traffic signals shall be as follows:
Maintenance State 100%
Village 0%
Electrical Energy State 50%
Village 50%
The STATE retains the right to control the sequence and timing of the traffic signals.
The STATE will maintain or cause to be maintained the traffic signal at a Level of
Maintenance II.
Elk Grove Village/IL 83 (Busse Road) and Devon Avenue
Section: 99 -00042 -00 -CH
County Section: 01 -BI I17 -05 -CH
Cook County/DuPage County
BE IT FURTHER AGREED that this ADDENDUM shall inure to the benefit of the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed in
quintuplicate counterparts, each of which shall be considered as an original by their duly
authorized officers as of the date below indicated.
EXECUTED BY COOK COUNTY:
4�-
, Jr.
County Commissioners
I.\1]1 6 & II N•
ATTEST: This SISI day of
002
-&.
County Clerk
APPROVED AS TO FORM:
Richard A. Devine, State's Attorney
(Assistant State's Atttfiney
4" -?m -OZ
APPROVED BY BOARD OF
COOK COUNTY COMMISSIONERS
COM
MAY 2 12002
CERTIFICATE AS KEEPER OF THE RECORDS AND FILES -Full Sheet Size
STATE OF ILLINOIS
COUNTY OF COOK
I, David D. Orr, County Clerk of Cook County, in the State aforesaid and keeper of the
records and files of said Cook County, do hereby certify that the attached is a true and exact copy
of an Improvement Resolution approved by the Cook County Board of Commissioners at their
meeting of May 21, 2002, all of which appears from the records and files of my office.
RESOLUTION
BE IT RESOLVED, by the members of the Board of Commissioners of Cook County, Illinois,
on behalf of the County of Cook, to authorize and direct its President to execute, by original
signature or his authorized signature stamp, five (5) copies of a LOCAL AGENCY
AGREEMENT FOR FEDERAL PARTICIPATION, M7003(829), with the State of Illinois and
Elk Grove Village attached, wherein Elk Grove Village will construct turn lane additions at the
intersection of Busse Road and Devon Avenue (County Highway B11); the County of Cook will
pay the thirty (30%) percent Local Match for Federal Funding for said improvement and any
roadway construction costs in excess of Federal Funding as well as construction engineering costs
up to a maximum of $1,600,000.00 under County Section: 01 -B1117 -05 -CH; Cook County will
retain jurisdiction of Devon Avenue; and, the Department of Highways is directed to return five
(5) certified copies of this Resolution and the executed Agreement to the District Office of the
Illinois Department of Transportation.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the Seal of said County at my office in the City of
Chicago in said County, this 21st day of May A.D. 2002.
County Clerk
APPROVED BY BOARD OF
COOK COUNTY COMMISSIONERS
COM
MAY 2 12002