HomeMy WebLinkAboutRESOLUTION - 41-94 - 7/26/1994 - AGRMT/IDOTRESOLUTION N0. 41-94
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
(BIESTERFIELD ROAD SECTION II)
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:
Joint Agreement for Federal Project
(Biesterfield Road Section II)
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
Local Aococv
Elk Grove (V)
Illinois Department 'Cooky6937-n2
of Transportation Fund Type STU
For Federal Participation I ^
Day Labor I Local Contract I RR Force Account
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 Transpor-
tation. 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 Slates
Federal Highway Administration hereinafter referred to as FHWA.
Name
Biesterfield Rd
Location
Route FAU 1339 Length 0.6 Miles
Termini Wellington Ave. to Arlington Heights Rd.
Corrent Jurisdiction Biesterfield Rd. is Village and Arlington Heights Road in Cook
Project Description Existing Str. No. N/A
Roadway widening and resurfacipg; curb and gutter and sidewalk; storm sewers and
drainage improvements; modernization of traffic signals at Biesterfield Road and
Wellington Avenue and Arlington Heights Road and installation of new signals at
Biesterfield Rd. at Commercial Entrance, roadway street lighting system; thermoplastic
pavement markings, retaining wall and all incidental work to complete the project.
Division of Cost
Type of Work _
FHWA
% State
Participating Construction ..... _:..........
S
( )$
Non -Participating Construction ..........
$
( )$
Preliminary Engineering .....................$
( )$
Construction Engineering ...................$
( )$
Right of Way ......................................
S
( )$
Railroads ............................................$
( )$
Utilities ...............................................$
( )$
Sub Total
$
$
Other Funding Not Included Above .................................................$
Source of Other Funding
Total Project Cost..........
ee Sheet #2
% LA
% Total
)S
)S
S
$ 2,103,000.
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 7-26 , 19 94 . appropriated. by separate resolution. ordinance or road improvement statement. S 443, 000.
to pay the LA's share of the cost and will appropriate additional funds, it 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 (Slate Contract Work) *County- $382,000.
Village -5410,000.
METHOD A ---Lump Sum (95`� of LA Obligation) S
METHOD B --- Monthly Payments of S
METHOD CY-- LA's Share S _ * 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)
Job Number
C-91-267-91
Co_n_sIrt chon
Project_Number
STPM-0003(929)
Encineennn R,ghl-nl-Way--_ _—
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2
Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
JOINT VILLAGE -COUNTY AND STATE AGREEMENT
FOR PROJECT STPM-6003(929) IN THE
VILLAGE OF ELK GROVE AND THE COUNTY OF COOK, ILLINOIS
I. DIVISION OF COST: See page 2.
II. THE VILLAGE AND COUNTY AGREE:
(1) 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.
(2) To comply with all applicable Executive Orders and Federal Highways
Acts pursuant to the Equal Employment Opportunity and
Non-discrimination Regulations required by the U.S. Department of
Transportation.
(3) 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 VILLAGE
and COUNTY agree to cooperate fully with any audit conducted by the
Auditor General 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.
(4) The failure of VILLAGE and COUNTY to comply with Federal requirements
may result in the loss (partial or total) of Federal participation as
determined by the FHWA.
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
(5) To pay their respective financial contributions as follows:
The COUNTY and VILLAGE upon receipt of the Contractor's first and
subsequent progressive bills, to pay an amount equal to their share of
the construction cost, divided by the estimated total cost, multiplied
by the actual progress payment (appropriately adjusted for
nonparticipating costs), until their entire obligation has been paid.
(6) That execution of this agreement constitutes the VILLAGE'S and
COUNTY'S concurrence in the award of the construction contract to the
responsible low bidder as determined by the STATE.
(7) To exercise their rights reserved under franchise granted to private
utilities to cause private utilities to be relocated at no expense to
the STATE.
(8) Upon completion of the improvement and final inspection by the STATE,
the VILLAGE and COUNTY shall maintain or cause to be maintained, in a
manner satisfactory to STATE and/or FHWA, their respective portions of
the improvement as presently defined under their jurisdiction.
(9) To have parking in accordance with the approved project report within
their respective jurisdiction.
(10) To the best of their knowledge and belief their officials:
(a) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
(b) have not within a three-year period preceding this AGREEMENT been
convicted of or had a civil judgement 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
embeizlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or 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 (2) of this
certification;
(d) have not within a three-year period preceding this AGREEMENT had one
or more public transactions (Federal, State, local) terminated for
cause or default;
III. THE STATE AGREES:
(1) To provide independent assurance sampling, to furnish off-site
material inspection and testing, at sources normally visited by State
inspectors of steel, cement, aggregates, structural steel and other
materials customarily tested by the State.
(2) To reimburse the VILLAGE for the FHWA share of construction
engineering on the basis of periodic billings, provided each bill
includes evidence of payment.
IV. THE VILLAGE AGREES:
(1) To provide for surveys and the preparation of plans for the proposed
improvement and engineering supervision during construction of the
proposed improvement, including acceptance sampling and testing of the
materials in accordance with the specifications, Project Procedures
Guide and methods prescribed by the State.
-5-
Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
(2) To pay 100% of the energy cost for lighting within the limits of the
improvement.
(3) To submit to the STATE, for final approval shop drawings of poles,
luminaries, cables, conduits, junction boxes, splicing kits, lamps,
ballasts and otter similar items prior to ordering such items.
V. THE COUNTY AGREES:
(1) They shall have the right to review the contract plans and participate
in the final inspection of the completed improvement.
(2) To pay the VILLAGE for their share of the construction engineering
cost upon receipt of invoice from the VILLAGE.
VI. 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) 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 Part 23 apply
to this agreement.
The STATE, COUNTY and VILLAGE agree 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 STATE, COUNTY and VILLAGE shall take all necessary and
resonable steps, in accordance with 49 CFR Part 23, to ensure that
me
Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
minority business enterprises have the maximum opportunity to compete
for and perform portions of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement.
The STATE, COUNTY and VILLAGE shall not discriminate on the basis of
race, color, national origin, or sex in the selection and retention of
contra_ -tor or subcontractor, including procurement of ,iaterials and
leases of equipment. The STATE, COUNTY and VILLAGE 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.
This Agreement shall be administered under the provisions of the
STATE'S federally approved Disadvantaged Business Enterprise Program.
(3) 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,
VILLAGE and COUNTY and, if satisfactory, authorization for turn on
will be given.
(4) Upon acceptance by the STATE of the traffic signal work of
Biesterfield Road at Wellington Avenue and Arlington Heights Road, the
financial responsibility for maintenance and electrical energy for the
operation of the signals will continue to be as it presently exists.
It is mutually agreed that the financial responsibility for the
maintenance of the "Opticom" equipment at Biesterfield Road and
Wellington Avenue shall be borne entirely by the VILLAGE, and the
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
financial responsibility for the maintenance of the "Opticom"
equipment at Biesterfield Road and Arlington Heights Road shall be the
responsibility of the COUNTY.
It is also agreed that the financial responsibility for the
maintenance of the interconnect between Wellington Avenue and
Arlington Heights Road on Biesterfield Road shall be borne entirely by
the VILLAGE.
(5) Upon acceptance by the STATE of the traffic signal work at
Biesterfield Road Commercial Entrance, the financial responsibility
for maintenance and electrical energy for the operation of the signals
shall be as follows:
Maintenance 0%
State
0%
County
100%
Village
Electrical Energy 0%
State
0%
County
100%
Village
The Village will maintain the traffic signals and retains the right to control
the sequence and timing of the traffic signals.
It is mutually agreed that the financial responsibility for the maintenance of
the "Opticom" equipment shall be borne entirely by the VILLAGE.
(6) This agreement and covenants contained herein shall be binding upon
and insure to the benefit of the parties hereto, their successors and
assigns.
Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Dennis Gallitano -Village President, hereby certify on behalf of Village of
Elk Grove that:
(1) 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
Federal grant, the making "of any Federal loan, the entering into of any
cooperative agreement•, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) 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.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance is
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000. and not more than $100,000. for each such failure.
Executed this 26th day of
, 1994.
By: Dennis J. Gallitano
Signature of authorized official
Villa e President
title of authorized official
5M
Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Richard J. Phelan - Chairman of the Board,, hereby certify on behalf of
Cook County, that:
(1) 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 Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) 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.
(3) The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance
is placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000. and not more than $100,000. for each such
failure.
Executed this day of
, 1994.
By:
Signature of authorized official
Chairman of the Board
title of authorized official
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in quintuplicate counterparts, each of which shall be considered
as an original by their duly authorized officers as of the dates below
indicated.
VILLAGE OF ELK GROVE
July 26, 1994
Date
ATTEST:
By: Patricia S. Smith By: Dennis J. Gallitano
VILLAGE CLERK VILLAGE PRESIDENT
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in quintuplicate counterparts, each of which shall be considered as an original
by their duly authorized officers as of the dates below indicated.
Recommended for Execution THE COUNTY OF COOK
County Engineer, County of Cook
ATTEST:
County Clerk
(SEAL)
By:
Chairman of the Board
Date:
Approved as to form
Jack O'Malley, State Atorney
NE
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Elk Grove/Biesterfield Rd.
Section: 91 -00035 -01 -WR
Cook County
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in quintuplicate counterparts, each of which shall be considered as an original
by their duly authorized officers as of the dates below indicated.
BY:
APPROVED BY STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIRECTOR OF HIGHWAYS
DATE
-13-