HomeMy WebLinkAboutRESOLUTION - 38-89 - 6/27/1989 - FAUS ELMHURST RD PROJECTRESOLUTION NO. 38-89
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A JOINT AGREEMENT FOR FEDERAL PROJECT
ELMHURST ROAD F.A.U.S. (Devon Avenue to Greenleaf Avenue)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of 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 documents marked:
"Joint Agreement for Federal Project"
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 27th day of June , 1989•
APPROVED this 27th day of June , 1989.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
i age er
Illinois Department of Transportation
Division of Highways/District 1
201 West Center Court/Schaunnburg, lllinois/60196-1096
LOCAL ROADS AND STREETS
Joint Agreement For Federal Project
Village of Elk Grove
Elmhurst Road (Devon Avenue to Greenleaf Avenue)
Section: 83 -00029 -00 -WR
Project No.: M-6003(748)
Job No.: R-90-009-88
Cook County
May 24, 1989 ELK G:!OV. Vll LAGE
ENGINEERING DEPAitTMENT
Mr. Alan 3offic
Elk Grove Village
901 Wellington Avenue
Elk Grove, IL. 60007
Dear Mr. Boffice:
Enclosed herewith are six (6) copies of the Joint Agreement for
the subject project. Please have the agreement executed by the
Village President, and return five (5) copies to this office
for further processing as soon as possible.
Please be advised that original signatures will be required on
these agreements.
Very truly yours,
James C. Slifer
District Engineer
3y 4 4 /C S
Feroz Nattiani, _
Program & Office Engineer
Local Roads And Streets
RMH/FN/jk
Enclosures
68351
,I ,I Municnpahry
Elk
Illinois Department
of Transportation
Section 83-00029-00–WR
Type
County LOCAL AGENCY AGREEMENT State Contract Day Labor Local Contract RR Force
Cook FOR FEDERAL PARTICIPATION X 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 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 pians approved by the STATE and the STATE's policies and procedures ap-
proved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA.
LOCATION
Name Elmhurst Road Route FAU 2678 Length 1.1 Miles
Termini r)A inn A rpnnp to (:rppnl paf nvpmip
PROJECT DESCRIPTION
Existing Sir. No.
Right–of–way Acquisition required for a project to widen, resurface, traffic signal
modernization and interconnection and otherwise improve the roadway.
DIVISION OF COST
TYPE OF WORK FHWA °'n STATE o LA TOTAL
Participating Construction ........ $
Non -Participating Construction .... $
* Preliminary Engineering ........... $
Construction Engineering ........$
Right of Way ...................$
Railroads .......................$
Utilities ....................... $
Sub Total $ $ 10,000
Other Funding Not Included Above ...........................$
Source of Other Funding: N/A
$
$ 10,000
Total Project Cost ..... ... ...*Covered under separate contract ,dated ,12/24/86 $
NOTE: The above costs and percentages are approximates and subject to change. The percentagels) recorded and maintained by the
STATE, will be used in the final division of costs for Millings or 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 $ to pay the LA's share of the cost and
will appropriate additional funds, if required to cover the LA's total cost.
METHOD OF FINANCING (STATE CONTRACT WORK ONLY)
METHOD A ---Lump Sum (954, of LA Obligation)$
METHOD 8 --- Monthly Payments of $
METHOD C ---LA's share $ 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)
ADDENDA
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Addendum See Page 3
(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 on page two and all
addenda indicated above.
APPROVED
Name Charles J. Zettek, Jr.
Title Village President
Chaemen Co.ly 90e1d: Mayor, V,Wge PruWenvetc
Signature Charles J. Zettek
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By.
Dnecror al M,gnwevs
Dare
FOR DEPARTMENT USE ONLY
Construction Engineering
Right -of -Way
Job Number Pro ect Number lJob Num berPro
ect Number
Job Number JProject Number
–90-009-88 M-6003(748)
.BLR 4251 (4-87) IL 494.0327
�nccrvit�+� rNUV15iCND
THE LOCAL AGENCY AGREES.
(1) To acquire in its name all right of way necessary for this project in accordance with he requirements of Titles 11 and 111 of the Uniform
verbs ng tort bids. the LA shall certify to thecSTA7E thaisition tas Act Of 1970. and llrequirements of . Prior to ac -
Titles established and III of said Uniiform Accies andhave beenssatisfied anc
the disposition of encroachments, if any, will be cooperatively determined by repro"
ntatives of the LA. the STATE and the FHWA.
(2I To provide far all utility adjustments, and to regulate the use of the right of way of this improvement a ismsutilitfes, public and private. in ac-
cordance with the current Utility Accommodation Policy For Local Agency Highway and Street
supervision during construction or
13) To provide for surveysandand the preparation of plans for the proposed improvement and engineering
the proposed Improvement;
14l To maintain. or caused use to be mailrmen[en ahmannerlsa soft., to the STATEnt and. eand the FHWA;
tamed,
route. to maintain, or cause to a main-
tained, the come
(51 To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the Equal Employment Opportunity and Non-cis-
(51
Regulations required by the U.S. Department of Transportation.
(51 To preserve and produce upon request Of responsible STATE or FHWA officials a4 records for this project for the purpose of an auen
for a penod of three years after the FHWA payment of the final voucher; rade crossing and rad crossing protection within I"(7) Provisions will be made. if required. for the improvement of any railroad -highway 9
limits of the proposed improvement:
IB) That failure of the LA to comply with Federal requirements may result in the loss (partial or total) of Federal participation as determine
by the FHWA:
(9) (STATE Contracts only) That the method of payment designated an page one will be as follows:
Method A - LUMP Sum Payment. Upon award of th contract for this improvement, the LA will pay to the STATE, in a lump sum, an
amount equiat to 95% of the LA's estimated obligation incurred under this Agreem upon comparid
on he the TATEtthe base
of the LA's obligation (including any ^onparticipating costs( in a IumP sum.
upon final costs.
Method 8- Monthly Payments. Upon award of the contract for this improvement, the IA will pay to this STATE. a specified
underldhe
months, or until
on
pfthe Agreementhasbeen paid. will payfto the STATE the remainder of the tLA's bl"19ationtt(including any nonparis
cipating cost) In a lump sum, upon completion of the project based upon final costs.
Upon quent
Method C- LA 9rre PaPayments
a ment0 the STATE. an amounttequalof to�he LA's sha'retof the conarid struction cost cost div ded byogressive bills othe nestimateis d total co z
mulhphea by the actual progress payment lappropriatety adjusted for nonparticipating costs) made to the contractor Will
he entire obhganon incurred under this Agreement has been paid. ui q pwent. labor. material and services
(1 01 (Day Labor or Local Contracts only) To provide or cause to be provided all of the initial funding,a
necessary to construct the complete project
(11) (Preliminary Engineering only) That in event right-of-way acquisition or actual construction of the project for which the preliminary engi-
needng,e �dvertake y the STATE any Feipatio is notstarted
received underi hfi tenni ve y of this a ears rgreement ng the to of approval and author nation to pro -
ill
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 comptionce 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(.
131 (STATE Contract On{y) To award a contract for construction of the proposed improvement- after receipt of a satisfactory b1 ane
after concurrence in the award has been received from the LA (and FHWA if regwred):
l41 (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.
Ml IDhare Labor
or Lo al AgreedContracts
onivnc To retmourse
Engineer's te A lot
that
atPortion
m accordance he cost we will' Division
ever on of id (Cost on page Ore unds and the Tc 5
base
Unit
IT ISMUTUALLY AGREED s not
(1) That ti pation and en the eventl be null thethe comdract covering ththe econstruction otnat the FHWA rk contemplated ahere nthe r spoor awarded within improvement �hree Years 'o P he
date of execution of this agreement.
(2) This agreement shall be binding upon the parties, their successors and assigns.
erprises. as
(31 Its the
loppartun ty to participate fn the peof rforma'nca of cont act on that minority fnancad usiness einrwhole or in part nwith Federal funds under this ed in d.9 CFR Pan 23, shall aagree-
ment. Consequently. the MBE requirements of 49 CPA Part 23 apply to this agreement.
The STATE -LA agrees in accordance
reel to ensure that minority business enterprises. as defined in 49 CFR Part 23. have the maximum opportunity o par -
The
in the performance of this agreement. In this regard the STATc�LA shall take all necessary and reasonable steps snail not
With 49rCFR part acts and subcontracts ccnteansure that cts f nancednn wholeority sor in part w th Fedess enterprises ral funds e the aprovided under this agreximum opportunity to ement. The STATElLA ete for and perform purl ons
at discriminate an 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. ui went.
The LA shall include the provisions of this in every contract, including procurement of materials and leases
esultoin termination Of the
Failure to carry out the requirements set forth above shall constitute a breach of this agreement and may
acreement orsuch ramemr as deemed accreanam.
Elk Grove Village
Elmhurst Road
Devon Ave. to Greenle- Ave.
Section 83 -00029 -00 -WR
68351
ADDENDUM
AN ADDENDUM TO THE JOINT VILLAGE -STATE AGREEMENT
FOR PROJECT M-6003(748) IPJ THE VILLAGE OF
ELK GROVE, COOK COUNTY, ILLINOIS
CHANGES IN "AGREEMENT PROVISIONS"
I. Under "THE LOCAL AGENCY AGREES":
A. Item (2), (3), (4), (7), (9) and (10) are deleted.
B. The following item is added:
(12) LA certifies to the best: of its knowledge and belief its officials:
(1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
(2) have not within a th:ree-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;
(3) 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;
(4) have not within a three-year period preceding this AGREEMENT
had one or more public transactions (Federal, State, local)
terminated for cause or default;
(5) have not been barred from signing this AGREEMENT as a result of
a violation of Sections 33E-3 and 33-4 of the Criminal Code of
1961 (Chapter 38 of the Illinois Revised Statutes); and
(6) are not in default on an educational loan as provided in Public
Act 85-827.
II. Under "THE STATE AGREES":
A. The following item is added:
(2) To provide relocation assistance to the LA.
-3-