HomeMy WebLinkAboutRESOLUTION - 3-92 - 1/14/1992 - AGRMT/IDOT/BIESTERFIELD RD IMPROVEMENTRESOLUTION NO. 3-92
A RESOLUTION AUTHCRIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT VITH ILLINOIS DEPARTP017 OF
TRANSPORTATION FOR BIESTERFIELD ROAD IMPROVEMENTS
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village cf Elk Grove Village, Counties of Cook and DuPage, State of
Illinois as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached cccuments narked:
BIESTERFIELD ROAD IMPROVEMENT
I290 TO WELLINGTON AVENUE
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 docum>nts upon the
signature of the Village President.
Section 2: That this Resolution shall be it full force and effect
from and after its passage and approval according to law.
PASSED
this
14th
day
of
January ,
1992.
APPROVED
this
14th
day
of
January ,
1992.
ATTEST:
Patricia S. Smith
Village Clerk
Charles J. Zettek
Village President
Illinois Department of Transportation
Division of Highways/District 1
201 West Center Court/Schaumburg,lllinois/60196-1096
LOCAL ROADS AND STREETS
Joint Agreement For Federal Project
Elk Grove Village
Biesterfield Road
Section No.: 91 -00035 -00 -WR
Project No.: M-6003(920)
Job No.: C-91-166-91
Cook County
January 2, 1992
Mr. Alan Boffice
Elk Grove Village
901 Wellington Avenue
Elk Grove, IL 60007
Dear Mr. Boffice:
RECEIVED
QIP rI
ELK GROVE VILLAGE
ENGINEERING a
Enclosed are six (6) copies of the Joint Agreement for the
above captioned project. Please be advised that in order for
this project to make the March 20, 1992 letting the executed
agreement must be in this office by January 28, 1992. Please
complete the following:
1. Have the agreement exe:uted by the Village President.
2. Insert the required information under the section entitled
"LOCAL AGENCY APPROPRIATION" on Page 1.
3. Return five (5) copies (WITH ORIGINAL SIGNATURES) to this
office along with the "LOCAL AGENCY APPROPRIATION" for final
processing.
Please provide the above as soon as possible to enable us to serve
you in a timely manner.
Very truly yours,
James C. Slifer, P.E.
District Engineer
By
Fero z Nathani, P.E.
Bureau Chief
Local Roads And Streets
FN/SP/rh
Enclosures
cc: Ms. Dana Spejewski - Triton Consulting Engineers, Ltd.
40331
Municipality Elk Grove (V)
Illinois Department
of Transportation
Cook 1 For Federal Participation I x
91-00035-00–WR
FAU
This Agreement is made and entered into between the above local agency (LAI and the State of Illinois. acting by and through its Department of Transpor-
tation. hereinafter referred to as "STATE". The STATE and LA )otntly propose to improve the designated location as shown below. The improvement snap
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 Hignway Administration hereinafter referred to as FHWA.
Name
Biesterfield Road
Location
Route FAU 1339 Length 0.7 Miles
Termini 1-290 to Wellington Avenue
Project Description
Existing Sir. No. N/A
Roadway- widening, resurfacing and reconstruction; storm sewer and drainage structures;
roadway lighting; traffic signal modernization at Biesterfield Road at Beisner Road
and Wellington Avenue; thermoplastic pavement marking and all incidental work.
Division of
Type of Work
FHWA % State
Participating Construction ..................
$
1, 002 , 000 ( 60.00 )$
Non -Participating Construction ..........
$
( )$
Preliminary Engineering .....................$
( )$
Construction Engineering ...................$
75,000 (611.00 )$
Right of Way ......................................
$
( )$
Railroads ............................................$
( )$
Utilities ...............................................
$
( )$
Sub Total
$
$
Other Funding Not Included Above ........
1r077.,000............. , $
Source of Other Funding: N/A
% LA % Total
)$ 668,000 (40,00)$1,670,000
)$ (100.00$
)$ 50,000 (40.00)$ 125,000
)$ (100.00$
718,000 1,795,000
TotalProject Cost..........................................................................................................................................................$ 1. 795. ono
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 costs for billings and reimbursements. If funding is lump sum and 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 19 — . appropriated, by separate resolution, ordinance or road improvement statement, $
to pay the LA's share of the cost and will appropriate additior 31 funds, if required to cover the LA's total cost. LA's share of the cost to be
paid with U 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--XLA's Share $ 718, goodivided 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)
For Department Use
Job Number Project Number i Job Number Project Number Job Number Project Number
C-91-166-91 M-6003(920) 1j
Agreement Provision!
The Local ADency Agrees:
(1) To acowre in its name 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 Acgwsn.on Poucies Act of 1970. and established State policies and procedur
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 be
sansneo and the disposition of encroachments. it any, will be cooperatively determined by representatives of the LA. the STATE
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 pnvat:
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 construct
of the proposed improvement.
(4) To maintain. or cause to be maintained. the completed improvement in a manner satisfactory to the STATE and FHWA.
(5) To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(6) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an
audit for a period of three years after the FHWA payment of the final voucher:
(7) Provisions will be made. it required. for the improvement of any railroad -highway grade crossing and rail crossing protection with
the limits of the proposed improvement:
(8) The failure of the LA to comply with Federal requirements may result in the loss (partial or total) of Federal participation as deter-
mined by the FHWA:
(9) (STATE Contracts Only) That the method of payment designed 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 a lump sur -
an amount equal to 95% of the LA's estimated obligation incurred under this Agreement. and will Day to the STATE
remainder of the LA'e obligation (including any nonparticipating costs) in a lump sum. upon completion of the projec
based upon final costs.
Method 8 - Monthly Payments. Loon 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 provr
sions of the Agreement has been paid. and will pay to the STATE the remainderof the LA's obligation (including an,,,
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 progress payment (appropriately adjusted for nonparticipating costs) mace to the
contractor until the entire obligation incurred under this Agreement has been paid.
(10) (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.
(11) (Preliminary Engineering Only) That it the event the right-of-way acquisition or actual construction of the project for which the
preliminary engineering is undertaken vith Federal participation is not started within five years following the date of approval and
authorization to proceed. the LA will repay the STATE any Federal funds received under the terms of this Agreement.
(12) (Right -of -Way Acquisition Only) That in the event that the actual construction of the project on this right-of-way is not undertaken
the close of the tenth fiscal year following the fiscal year in which this Agreement is executed the IA will repay the State any Feee-
Funds received under the terms of this Agreement.
(13) 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 judgement rendered against the
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
embezzlement. theft. forgery, bribery, falsification or destruction of records. making false statements or receiving stolen
property:
(c) are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal. Stare. local) with
commission of any of the offenses enumerated in item (b) of this certification: and
(14) To include the certifications, listed in item 13 above and all other certifications required by State statutes, in every contract. includ-
ing procurement of materials and leases of equipment.
THE STATE AGREES:
(t) 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.
(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 and after concurrence in the award has been received from the LA (and FHWA if required);
(3) (Day Labor or Local Contracts Only) To authorize the LA to proceed or concur in the award for the construction of the improvement
when Agreed -Unit Prices are approved or satisfactory bids are received for Local Contracts and to reimburse the LA for that portion
of the cost payable from Federal -aid funds and the STATE's share based on the Agreed Unit Prices and Engineer's Payment
Estimates in accordance with the Division of Cost on page one.
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 CFA Part 23, have the maximum opportunity
to participate in the performance of this Agreement. In this regard the STATE/LA 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 STATE: LA
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 requrements set forth above shall constitute a breach of this Agreement and may result in termination of the
Agreement or sech remedy is deemed appropriate.
(4) This Agreement shall be adn iinistered 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 See Pages 4 & 5
(Insert NA. If not applicable)(Insert addendum numbers or letters and page numbers if 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 Charles J. Zettek, Jr.
APPROVED
State of Illinois
Department of Transportation
Title Village President By.
County Board ChaupersoniMayorNdlage PrevdenV'etc.
Signature Charles J. Zettek
of Hkghways
40331
ADDENDUM
AN ADDENDUM TO THE JOINT VILLAGE -STATE AGREEMENT
FOR PROJECT M-6003(920) IN THE VILLAGE OF
ELK GROVE , COOK COUNTY, ILLINOIS
CHANGES IN "AGREEMENT PROVISIONS"
I. Under "THE LOCAL AGENCY AGREES":
The following item is added:
(15) That execution of this agreement constitutes the LA's
concurrence on the award of the construction contract to
the responsible low bidder as determined by the STATE.
(16) To pay 100% of the energy costs for the lighting within
it's corporate limits.
(17) To submit to the STATE, for final approval shop drawings of
poles, luminaries, cables, conduits, junction boxes,
splicing kits, lamps, ballasts and other similar items
prior to ordering such items.
III. Under "It is Mutually Agreed":
A. The following item is added:
(4) Upon acceptance by the STATE of the traffic signal
modification of Biesterfield Road at Beisner Road and
Wellington Avenue, the financial responsibility for
maintenance and electrical energy for the operation of the
signals shall be born entirely by the LA.
-4-
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Charles J. Zettek, Jr. - Village President, hereby certify on behalf of
the 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
peralty of not less than $10,000. and not more than $100,000. for each such
failure.
Executed this 14th day of January , 1991.
By: Charles J. Zettek
Signature of authorized official)
Villa e President
(title of authorized officio
-5-
20221