HomeMy WebLinkAboutRESOLUTION - 4-92 - 1/14/1992 - APPROPRIATE FUNDS/BIESTERFIELD RDRESOLUTION NO. 4-92
A. RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT OF
$718,000 FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS
ON BIESTERFIELD ROAD I-290 TO WELLINGTON AVE.- FAUS
PROJECT NO. M-6003 (920)• SECTION 91-00035-00-VIR
WHEREAS, the Federal Highway Administration, acting through the
Illinois Department of Transportation has agreed to fund portions of
construction and construction engineering costs associated with roadway
improvements on Biesterfield Road from I-290 to Wellington Avenue
identified as Village Section: 91 -00035 -00 -WR; Federal Project No. M-6003
(920); and Job No. C-91-166-91; 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 roadway
improvements within its Corporate limits; and
WHEREAS, the Corporate Authorities 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.
HOW, THEREFORE, BE IT RESOLVED by the Corporate Authorities of the
Village of Elk Grove Village, Cook and DuPage Counties of Illinois, as
follows:
Section I: 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 $718,000
for construction and construction engineering costs associated with
proposed roadway improvements on Biesterfield Road in accordance with the
engineering plans for the proposed Federal Aid Urban Project identified as
Federal Aid Project No. 14-6003 (92C); Village Section 91 -00035 -00 -WR,
Villaae of Elk Grove Villace; Job No. C-91-166-91.
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.
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Section 5: That this Resolution shall be in full force and effect
from and after its passage, approval and publication according to law.
VOTE: AYE: 5
NAY: o
ABSENT: 1
PASSED this 14th day of January , 1992.
APPROVED this 14th day of January , 1992.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
Published this 16th day of January , 1992, in pamphlet form.
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Elk Grove (V)Illinois Department J �ecnon -i-00035-00-WR
�
\� of Transportation Fund Type FAU
Cook For
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 States
Federal Highway Administration hereinafter referred to as FHWA.
Name Biesterfield Road
Termini I-290 to Welli
Location
Route FAU 1339
Avenue
Length
Project Description
0.7 Miles
Existing Str. 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 Wellineton Avenue; thermoplastic Pavement markine and all incidental work.
Division of Cost
Type of Work
Engineering
FHWA % State
% LA
% Total
Participating Construction..................$1,002,000(60.00)$
Project Number
C-91-166-91 M-6003 (920)
( 1$668,000
(40.00)$1,670,000
Non -Participating Construction ..........
$
( )$
( )$
(100.09
Preliminary Engineering .....................$
( )$
( )$
( )$
Construction Engineering ...................$
75,000(60.00)$
( )$ 50,000
(40.00)$ 125,000
Right of Way ......................................
$
( )$
( )$
(100.00$
Railroads ............................................$
( )$
( )$
( )$
Utilities ...............................................$
( )$
( )$
( )$
Sub Total
$
$
$
$
Other Funding Not Included Above ........1.x.07
7 ,.000 .................... $
718,000
1,795,000
Source of Other Funding: N/A
TotalProject Cost..........................................................................................................................................................$
1,795.Q00
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 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--XLA's Share $ 7iB,ggg _ 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)
For Department Use Only
Construction
Engineering
Right -of -Way !
Job Number Project Number
Job Number Project Number
Job Number
Project Number
C-91-166-91 M-6003 (920)
Page 1 of 3
IL 494-0327
Agreement Provisions
The Local Agency Agrees:
(1) To acquire 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 Acquisition Policies Act of 1970. and established State policies and procedures
Prior to advertising for olds. the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have bee:
satisfied and the disposition of encroachments. if any, will be cooperatively determined by representatives of the LA. the STATE a
the FHWA.
(2) To provide for all utility adjustments. and to regulate the use of the right-ot-way of this improvement by utilities. public and private.
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 constructuc:
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. if required. for the improvement of any railroad -highway grade crossing and rail crossing protection within
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 sum.
an amount equal to 959e of the LA's estimated obligation incurred under this Agreement. and will pay to the STATE ti,
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 provi-
sions of the Agreement has been paid. and will pay to the STATE the remainder of the LA's oollgation (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 progress payment (appropriately adjusted for nonparticipating costs) made 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 in the event the right-of-way acquisition or actual construction of the project for which the
preliminary engineering is undertaken with 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 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 Federa
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 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 or receiving stolen
property:
(c) are not presently indicated 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 preceomg the Agreement had one or more public transactions IFederal. State. local)
tP.rminated for cause nr fIpfldt
(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:
(1) 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 CFR 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 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 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.
Title Village President
County Board ChaupersomMayor/Village President etc,
Signature Charles J. Zettek
APPROVED
State of Illinois
Department of Transportation
By:
Director of Highways
Page 3 of 3
it aaa.nav7
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.
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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
penalty of not less than $10,000. and not more than $100,000. for each such
failure.
Executed this 14th day of January , 199Z.
By: Charles J. Zettek
Signature of authorized official)
Villa e President
(title of authorized orricia
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