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HomeMy WebLinkAboutRESOLUTION - 39-94 - 7/26/1994 - AGRMT/IL DEPT OF TRANSPORT./CC FORESTRESOLUTION NO. 39-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE FOREST PRESERVE DISTRICT OF COOK COUNTY (PEDESTRIAN OVERPASS - HIGGINS ROAD) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: AGREEMENT (Pedestrian overpass - Higgins Road) 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 26th day of July , 1994. APPROVED this 26th day of July , 1994. ATTEST: Patricia S. Smith Village Clerk Dennis J. Gallitano Village President 5402r AGREEMENT THIS AGREEMENT entered into this 27th day of September A. D. 19_14 by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, the FOREST PRESERVE DISTRICT OF COOK COUNTY, hereinafter called the DISTRICT, and the VILLAGE OF ELK GROVE VILLAGE, County of COOK, of the State of Illinois, hereinafter called the VILLAGE. W I T N E S S E T H: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of constructing a pedestrian overpass over Illinois Route 72 (FAP 341) (Higgins Road) approximately 243.84 meters (800 lineal feet) west of Arlington Heights Road approximately 185.928 meters (610 lineal feet) in length, known as STATE Section: 31B-1, Village Section: , STATE Job No. C-91-100-94 by making the following improvements: Constructing a truss pedestrian bridge approximately 185.928 meters long (610 lineal feet) and 4.876 meters (16 lineal feet) wide consisting of a concrete deck, 5 spans long with concrete abutments and piers, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specification; and WHEREAS, the DISTRICT and VILLAGE are desirous of said Pedestrian Overpass in that same will be of immediate benefit to the DISTRICT PATRONS AND VILLAGE residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract. I/ 2. The STATE agrees to pay, or provide for the payment of, all right of way, construction and engineering costs subject to reimbursement by the DISTRICT and VILLAGE as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the construction work covered by this agreement is limited between touch down points and that all additional work to relocate the existing path will be performed by and at the expense of the DISTRICT. 4. It is mutually agreed by and between the parties hereto that the estimated cost of the improvement and cost proration is as shown on Page 2A. 5. The DISTRICT has passed a resolution appropriating sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as Exhibit B and made a part hereof. The DISTRICT agrees to pay the STATE, its share of the cost of the Pedestrian Overpass upon award of the contract, in a lump sum, an amount equal to 95% of its obligation incurred under this Agreement and will pay to the STATE theremainder of its obligation in a lump sum upon completion of the project, based upon final costs. 6. The DISTRICT agrees to provide access and permission to the STATE's contractor(s) representatives and agents to enter upon the DISTRICT's property, for the purpose of constructing the Pedestrian Overpass. 7. It is understood and agreed that no trees, shrubs, or forest growth on DISTRICT property shall be cut, trimmed, or removed nor shall any building or utilities of the DISTRICT be disturbed without the written permission of the Director of the DISTRICT or his authorized representative. The STATE shall require its contractor(s) before entering upon the DISTRICT's property for performance of the work as stated above, to notify the authorized representative of the DISTRICT for the occupancy and use of DISTRICT property. The STATE's plans and specifications shall specify that the contractor(s) provide 48 hours prior notice to the General Superintendent of the DISTRICT .before performing any work on DISTRICT property. -2- TYPE OF WORK All construction work $ P&C Engineering (158) $ TOTAL PAGE 2A ESTIMATE OF COST AND PARTICIPATION STATE DISTRICT COST 8 COST 8 459,000 508 $ 229,500 258 $ 68,850 508 $ 34,425 258 $ $ 527,850 $ 263,925 $ VILLAGE COST 8 TOTAL 229,500 258 $ 918,000 34,425 258 $ 137,700 263,925 $1,055,700 Note: Participation shall be predicated on the percentages shown above for the specified work. The cost shall be determined by multiplying the final quantities times contract unit prices plus 158 for construction and preliminary engineering. While working on DISTRICT's property, the STATE will require the contractor to be responsible for prohibiting public access to these areae, by taking appropriate measures such as signage, barricades, or temporary fencing. S. The STATE shall require its contractors) to perform all work in accordance with the "Standard Specifications for Road and Bridge Construction" adopted July 1, 1994, and the "Supplemental Specifications" in effect on the date of invitation for bids. 9. The STATE shall obtain from all contractor(s) engaged to perform work on DISTRICT property for the following insurance coverages, which shall be maintained in force at all times that the contractor is performing work on the DISTRICT's property. a. . Worker's Compensation Insurance with limits as required by the applicable statutes of the State of Illinois. b. Employer's Liability Insurance with limits of not less than $500,000 each accident/injury; $500,000 each employee/disease. c. Commercial (Comprehensive) General Liability Insurance (including contractual liability) with limits of not less than $1,000,000 per occurrence bodily injury/property damage combined single limit; $1,000,000 aggregate bodily/property damage combined single limit. d. Comprehensive Motor Vehicle Liability Insurance with limits of not less than $1,000,000 bodily injury/property damage combined single limit. The policies of Commercial General Liability Insurance and Owner's and Contractor's Protective Insurance shall include endorsements naming the DISTRICT as an additional insured and shall include endorsement naming the DISTRICT as an additional insured and shall not be subject to cancellation or modification without 30 days written notice to the DISTRICT. The STATE shall provide the DISTRICT with a Certificate of Insurance for each of the coverages specified above and, if requested , copies of the policies issued by the insurers. No work on the DISTRICT's property shall commence until the STATE has complied with the requirements of this paragraph. -3- 10. The STATE shall require its contractor(s) during construction to indemnify and hold harmless, the DISTRICT in accordance with the indemnification provided the STATE in Article 107.23 of the STATE's Standard Specifications for Road and Bridge Construction in effect at the time of construction. This provision shall be included in the Special Provisions for the STATE's construction contract(s). 11. The DISTRICT agrees to send a letter, signed by the Director, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. No changes or alterations in the approved plans and specifications shall be made, by either party hereto, without the written concurrence of the other party. 12. All movement and storage of equipment and materials on DISTRICT property shall be confined to areas designated by the Director's representative. The STATE shall require its contractor(s), upon completion of the work on DISTRICT property, to remove from within the limits of said property all machinery, equipment, surplus materials, falsework, trees, stumps, and rubbish resulting from the contractor(s) work (construction and landscaping) for disposal at an approved site. 13. The VILLAGE has passed a resolution appropriating sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as Exhibit A and made a part hereof. Upon award of the contract for this improvement, the VILLAGE will pay to the Department of Transportation of the State of Illinois in a lump sum, from any funds allotted to the VILLAGE, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said Department the remainder of its obligation (including any non -participating costs for FA projects) in a lump sum upon completion of the project, based upon final costs. The VILLAGE agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. -4- 14. The VILLAGE agrees to adopt a resolution or send a letter, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. 15. The STATE shall cause public and private utilities on STATE highway rights of way to be relocated as necessary at no expense to the DISTRICT or VILLAGE. 16. Upon completion of the improvement and final field inspection by the STATE, the DISTRICT agrees to assume responsibility for the administration, control, reconstruction and maintence of the Pedestrian Overpass in its entirety. The District further agrees to indemnify and hold the STATE and its employees harmless from all claimes for injuries and damages to persons or property relating to the use of the maintenance of or reconstruction of the pedestrian structure. THIS AGREEMENT, and the covenants contained herein, shall become null and void in the event the contract covering the construction work contemplated herein is not awarded within 3 years subsequent to execution of this Agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. ATTEST: R. Gardner ATTEST: Patricia S. Smith Village Clerk (SEAL) FOREST PRESERVE DISTRICT OF COOK COUNTY By Richard J. Phelan Date: August 18, 1994 VILLAGE OF ELK GROVE VILLAGE -5- By Dennis J. Gallitano President Date September 2, 1994 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By James C. Slifer Director of -Highways Date: September 27. 1994 PLAN APPROVAL WHEREAS, in order to facilitate the construction of the Pedestrian Overpass, State Section: 31B-1, the VILLAGE OF ELK GROVE VILLAGE hereby approves the plans and specifications for the proposed construction. APPROVED —5; P PLAN APPROVAL WHEREAS, in order to facilitate the construction of the Pedestrian Overpass, State Section: 31B-1, the FOREST PRESERVE DISTRICT of COOK COUNTY hereby approves the plans and specifications for the proposed construction. APPROVED , 19_