HomeMy WebLinkAboutRESOLUTION - 22-98 - 6/9/1998 - APPROPRIATING FUNDS/BIKEWAYRESOLUTION NO. 22-98
A RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT OF
$9,020 FOR THE CONSTRUCTION OF BIKEWAY IMPROVEMENTS
ON PLUM GROVE ROAD PROJECT NO. STPTE-OOD1(383)
SECTION 94 -00036 -00 -SG
WHEREAS, the Federal Highway Administration, acting through
the Illinois Department of Transportation has agreed to fund
portions of construction costs associated with bikeway
improvements on Plum Grove Road in Elk Grove Village identified
as Village Section: 94 -00036 -00 -SG; Project No. STPTE-OOD1(383)
and Job No. C-91-439-94; and
WHEREAS, the improvements to be constructed will be
constructed within the Corporate limits of the Village of Elk
Grove Village; and
WHEREAS, the Village of Elk Grove Village has heretofore
committed to contributing certain funds for the construction of
said bikeway improvements within its Corporate limits; and
WHEREAS, the President and Board of Trustees of the Village
of Elk Grove Village deem the passage of this Resolution to be
in the best interest and furtherance of the general welfare of
the Village of Elk Grove Village.
NOW, THEREFORE, BE IT RESOLVED by the President and Board
of Trustees of the Village of Elk Grove Village, Cook and
DuPage Counties of Illinois, as follows:
Section 1: That the provisions of the preamble
hereinbefore set forth are hereby restated as though herein
fully set forth.
Section 2: That there is hereby appropriated the sum of
$9,020 for construction costs associated with proposed bikeway
improvements on Plum Grove Road in accordance with the
engineering plans for the proposed Federal Aid Project
identified as Project No. STPTE-OOD1(383), Village Section 93-
00036 -00 -SG, Job No. C-91-439-94.
Section 3: That the Village Clerk of the Village of Elk
Grove Village shall immediately transmit two (2) certified
copies of this Resolution to the District Office of the
Department of Transportation, at Schaumburg, Illinois.
Section 4: That the Village Clerk is hereby authorized to
publish this Resolution in pamphlet form.
Section 5: That this Resolution shall be in full force and
effect from and after its passage, approval and publication
according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 9th day of
PIP&M-M
APPROVED this 9th day of June , 1998.
ATTEST:
Patricia S. Smith
Village Clerk
aig B. Johnson
Village President
Published this 12th day of June 1998, in pamphlet form.
res999.doc
Local Agency
X1014 Depmtriewit
041of Imispitirtallm
Local Agency Agreement
Section
94 -00036 -00 -SG
C 91-439-94I
Fund Type
for Federal Participation
STE
State Contract
Day Labor
Loral Contract
RR FORe ActouM
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
(Elk Grove Village
Name Bikeway) Plum Grove Road Route Various Length KM ( 0.08 Miles)
Termini at Weathersfield Way
Current Jurisdiction Local
Project Description Existing Str. No. N/A
This project consists of the modification of the existing traffic signal at Plum Grove Road & Weathersfield Way to add pedestrian signals &
push buttons & the installation of sidewalk to connect the bikeway systems of Schaumburg & Elk Grove Village. The project also includes
the provision of 260 bikeway signs for installation by the Village's Public Works Department.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction $36,080.00 1 80.0 ) ( ) $9,020.00 ( 20.0 ) $45,100.00
...................
Non -Participating Construction ( ) ( ) ( )
Preliminary Engineering
.. _..................
Construction Engineering ( ) ( ) ( 100.0 )
...................
Right of Way ( ) ( ) ( )
......................... I .......
....
Railroads ( ) ( ) ( )
..........................4..................
Utilities ( ) ( ) ( )
Sub Total ................................................. $36,080.00
$9,020.00 $45,100.00
Other Funding Not Included Above
................................................................. _....................
Source of Other Funding:
Total Project Cost
............................................................................................................................................................... _................... ............. $45.100.00
NOTE: The above costs and percentages are approximate and subject to change. The percentage(s) recorded and maintained by the
STATE, 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 percentages. The Federal share of construction engineering may not exceed 15% of
the Federal share of the final construction cost.
Local Agency Appropriation
The LA on appropriated, by separate resolution, ordinance or road improvements statement,
to pay the LA's share of the cost and will appropriate additional funds, if required to cover the LA's total
cost. LA's share of the cost to be paid with ❑ MFT Funds ❑ Other Funds.
Method of Financing (State Contract Work)
METHOD A—Lump Sum (95% of LA Obligation) $
METHOD B— Monthly Payments of
METHOD C—IA's Share $ 9 o2o.nn 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 htvf-Wa
Job Number
Project Number Job Number Project Number Job Number Project Number
C 91-439-94I
STPTE-OODt(383)
Page 1 of
IL 494-03?7'
BLR 4251 (Rev. 8196)
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 and the disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA.
(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).
(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 their respective 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 5 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 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, record and supporting documentation are not available to support their
purported disbursement..
(8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of
the proposed improvement;
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA;
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump
sum, an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to
the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon
completion of the project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation
(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this
improvement, the LA 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 Only) 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 Only) 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 fifth 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 Only) That in the event that the actual construction of the project on this right-of-way is not
undertaken 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.
Page 2 of S
IL 494-0327
BLR 4251 (Rev. 8/96)
(14) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency:
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a
public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in Item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(15) To include the certifications, listed in item 14 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(16) 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.
(17) 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 wig 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, 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 LOCAL AGENCY shall require that the language of this certification be included in the award documents for all
subawards at all ties (including subcontracts, subgrants and contracts under grants, bans and cooperative agreements) and
that all subrecipients shall certify, and disclose accordingly.
(18) To regulate parking and traffic in accordance with the approved project report.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure
validity of the IA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts Only) To receive bids for the construction of the proposed improvement when the plans have been approved
by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor Only) To authorize the LA to proceed with the construction of the improvement when Agreed -Unit Prices are
approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit
Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or Stale funds in engineering, right-of-way and/or utility work:
(a) To reimburse the LOCAL AGENCY for the Federal and/or State share of engineering, right-of-way utility work on the basis of
periodic billings, provided said billings contain sufficient cost information and, if said services are performed by a consultant,
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.
Page 3 of
IL 494-03 7
BLR 4251 (Rev. 8/96)
IT IS MUTUALLY AGREED:
(1) That this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement for Federal -
aid participation and in the event 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) It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall
have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds
under this Agreement. Consequently the MBE requirements of 49 CFR Par 23 apply to this agreement.
The STATE/LA agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of this Agreement In this regard the STATEN shall take all necessary and
reasonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum
opportunity to compete for and perform portions of contracts and subcontracts financed in part with Federal funds provided under
this Agreement. The STATFAA shall not discriminate on the basis of race, color, national origin or sex in the selection and
retention of contractor or subcontractors including procurement of materials and leases of equipment.
The LA shall include the provisions of this "Policy' in every contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of
the Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE's federally approved Disadvantaged Business
Enterprise Program.
ADDENDA
Additional information and/or stipulations, ,if any, are hereby attached and identified below as being a part of this Agreement.
Addendum 01 -Chances in Aareement Provisions
(Insert NA, if not applicable or else addendum numbers and titles 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 Craia Johnson
Title Villaae President
County Board ChalrpersonWayor/Village President/etc.
Signature Craig B. Johnson
0gen%wp2Z26spt2.doc
APPROVED
State of Illinois
Department of Transportation
By
Director of Highways
Elk Grove/Elk Grn Village Bikeway and Sidewalk
Section: 94 -00036 -00 -SG
Cook County
ADDENDUM #1
An Addendum to the Joint Village -State Agreement
For Project STPTE-OODI(383) in the Elk Grove
Cook County, Illinois
ken mMI'M No uvtr.
The following items are added:
(5) Upon acceptance of the traffic signal work of Plum Grove Road and
Weathersfield Way the financial responsibility for the maintenance and
electrical energy for the operation of the pedestrian signals shall be borne
entirely by LA.
-5-
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