HomeMy WebLinkAboutRESOLUTION - 60-89 - 9/12/1989 - FAUS PROJECT/DEVON TO GREENLEAF AGRMT RESOLUTION NO. 60-89
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 12th day of September , 1989.
APPROVED this 12th day of September , 1989.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village werk
191 ahty Elk Grove Villa Section
%" g Illinois DeparbTlent 83-00029-00-WR
Township \ Of 111 IMPOrt-Ifi0n Fund Type
County LOCAL AGENCY AGREEMENT State Contract Day Labor Local Contract RR Force
COOK FOR FEDERAL PARTICIPATION g Account
This agreement is made and entered into between the above local agency ILA) 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 plans 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 Devon Avenue to Greenleaf Avenue:
PROJECT DESCRIPTION Existing Str. No. N/A
Roadway widening and resurfacing; curb and gutter; sidewalk removal and replacement;
drainage improvements; channelization at Devon Avenue, Pratt Blvd. and Greenleaf Avenue,
new signals at Elmhurst Road and Landmeier Road; thermoplastic pavement markings and all in-
DIVISION OF COST (SEE ATTACHED SHEET IA)
TYPE OF WORK FHWA % STATE % LA % TOTAL
Participating Construction . . . . . . . . $ 1 )$ ( )$ ( )$
Non-Participating Construction . . . . S 1 1:6 I 1$ 1 )$
Preliminary Engineering . .... . . . . . .S ( M 1 )$ 1 )$
Construction Engineering . . . .. . .. . S 1 M ( )$ 1 )$
Right of Way . . . . .. . . . ... . . . . . . . S 1 )S 1 )$ 1 )$
Railroads . . . . . . . . . .. . . . . . . . . . . .. S 1 IS 1 )$ 1 I$
Utilities . . . . .. . . .. . . .. .. . . ..... . $ ( M ( )$ - ( )$
Sub Total S 7i S $
Other Funding Not Included Above . . . ... . . . .. .. . . .. . ..... .. . . S .
Source of Other Funding: '
Total Projacttost . . . . . . . . . . . . . . . . . . . . ..•. I . . . . . . . I . . . . . . g 2 , 415 , 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 costs for billings 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 constriction 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 S 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)*Elk Grove - $51 , 9 9 3
METHOD A ---Lump Sum (95 , of LA Obligation)S _ Cook County-$14, 3 7 6,.
METHOD 8 --- Monthly Payments of $
METHOD C YG.LA's share $--.I-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 Paoes 1A, 2, 31 4, 5, 6, 7, 8 & 9
(Insert NA, if not applicable) (Insert addendum numbers or letters and page numbers. if applicable)
The LA further agreve•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 APPROVED
Name SEE SIGNATURE SHEETS _ STATE OF DEPARTMENT OF TRANSPORTATION
Tills urmMoun _ By:
CeCry 9ouNMavp:Vep�P.Nd�nveee Dv�ror of Hgnwava
Signature
Date
_ FOR DEPARTMENT USE ONLY
Construction Eng meanies ]--Right-of-Way
Job Number Pro act Number Job Number Pro ect Number Job Number Project Number
C-91-134-86 I M-6003 (671)
8LR 4251 14-871 IL 494-0327
I� O O ~� cr c a rr D7F c c c --e i p�p N u ::r
G7
N N (D H O H v r N (A N N 0 `<< T O R OH
K H H •• rr "0 5 w r H rr rr /* rr C
DJ (D N W I D) rr (D O 7 N R• 7 m
rt CL CL O H W H O & Ax :0x F'• a rtX
(D W 0)0 ss l<
`< O -0 (D O. CLrr 0CLO. CLLO O `< 0 <
O OL CL t 7 rri � O O � L7 ® ® 1O•' W ar
N N (D 0 10 7 7 7 DF H V �7 N 7
0)
f (A UI N (D w7 Op 6.rr, 0 4 7 rr O N CD
!✓ "0 ' H H NFes7
.••N rr
r D1 DF r H < c 0 (D W W D
H H 7 W O H 7 H r <
rt N 4Ai0 7 &'o a < a CD
r r X c (D
rF-•. CD1 OF Q N W
nryry (D J I I Vii O D O J O ppO 2
d 3 3 U I 1 O 8 0808 O
rr 7 7 O 1 1 O O 0000 O D
O rr R
FA '0 O
r N 7
.. 7 I n n .. .-....-..� ..
r CL I 80 0 0000 o Ix
U W CD 1 t�
3 1 8 0 8 0888
.. .. .. ..
O CD H
1 1 N N O Unrn O H
O
1 0 .01 BcoF 8
°' rrl v'
H
1 1 O 0 O" WVNIWw o IZ
i $ e a w $ ww 8
v v v v v v v N
v �
co 1 1 I U I I I W 1C
1 Z
H
1 0 W 0 0 p0\\ p0 �X
I 1 8 Vii 000 �I 8
v v v v v v v v v
1 1 1 F<y
N U N I I f
b 1 I r W O U 1 1 D
W 1 I IT U 00 N I I fLT71
O 1 O U O� UO O, 0 8Op
O I O b J 0 V H O
0 v v v vvvv v
v
li
N r 1
C r Fr0 O
Vri p p 00 " 00 0 -4
O O O O O Q O O r
Elk Grove Village
Elmhurst Road
Cook County
76251
ADDENDUM
AN ADDE70UR-T—THE JOINT
VILLAGE-COUNTY-STATE AGREEMENT
FOR PROJECT M-6003(671) IN THE
THE VILLAGE OF ELK GROVE
COOK COUNTY, ILLINOIS
I. DIVISION OF COST: See page IA.
II. THE VILLAGE AGREES:
(1) To provide or all utility adjustments, and to regulate the use of the
right-of-way of this improvement by utilities, public and private
within their jurisdiction, in accordance with the current Utility
Accommodation Policy For Local Agency Highway and Street Systems.
(2) Upon completion of the improvement and final field inspection by the
STATE, the VILLAGE agrees to maintain or cause to be maintained along
Elmhurst Road within the Village limits, along those portions of the
improvement which are not to be maintained by the STATE, including,
parkways, manholes, catch basins, storm sewers, utilities and
appurtenances. The VILLAGE will also be responsible for maintenance
of crosswalk and stopline markings.
(3) 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.
(4) 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.
(5) The failure of the VILLAGE to comply with Federal requirements may
result in the loss (partial or total) of Federal participation as
determined by the FHWA.
(6) To have in effect, prior to the award of the construction contract, an
ordinance prohibiting the discharge of sanitary and/or industrial
waste water into any storm sewer constructed as part of this
improvement.
(7) The VILLAGE will adopt and out into effect, prior to the traffic
signal work included herein, ordinances requiring that parking be
prohibited adjacent to this improvement on the approaches lying within
the corporate limits of the VILLAGE at a minimum distance of three
hundred feet (3001 ) back from the center of the intersection, and will
in the future prohibit parking at such locations on or immediately
adjacent to this improvement as may be determined by the STATE.
(S) Ordinances prohibiting parking in the manner described above already
in effect with the VILLAGE meeting the approval of the STATE will
suffice and shall be attached and labeled as "EXHIBIT A".
-2-
Elk Grove Village
Elmhurst Road
Cook County
76251
(9) To furnish to the STATE, not later than 60 days after reporting
construction 100% complete, all construction records for documentation
review and retention for audit purposes until the close of the
calendar year during which documentation is completed, at which time
said records will be returned to VILLAGE for completion of the period
of retention stipulated in Item (4).
(10) 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.
(11) The VILLAGE agrees to exercise it's franchise right to cause private
utilities to be relocated at no expense to the STATE.
(12) The Local Agency 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 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;
(e) 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);
(f) are not in default on an educational loan as provided in Public
Act 85-827.
III. THE COUNTY AGREES:
(1) County will approve the plans and specifications.
-3-
Elk Grove Village
Elmhurst Road
Cook County
76251
IV. THE STATE AGREES:
(1) Upon completion of the improvement and final field inspection by the
STATE and so long as Elmhurst Road is used as STATE highway, the STATE
agrees to maintain, the median, the through lanes, the left turn and
right-turn lanes, and the curb and gutter or stabilized shoulders and
ditches adjacent to those lanes. The STATE will also be responsible
for the maintenance of lane line and median line marking.
(2) 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, and to provide contract
construction administration and general supervision of the resident
engineer.
IV. IT IS MUTUALLY AGREED:
(1) That upon receip of the Contractor's first and subsequent progressive
bills for this improvement the VILLAGE and the COUNTY will pay to the
State, an amount equal to each of their shares of the construction
cost, divided by the estimated total cost, multiplied by the actual
progress payment (appropriately adjusted for non-participating costs)
made to the contractor until the entire obligation incurred under this
agreement has been paid.
(2) That execution of this agreement constitutes VILLAGE'S concurrence on
the award of the construction contract to the responsible low bidder
as determined by the STATE.
(3) That this agreement shall be null and void in the event that the FHWA
does not approve the proposed improvement for Federal-Aid Participa-
tion 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..
(4) This agreement shall be binding upon the parties, their successors and
assigns.
(5) 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
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
contractor or subcontractor„ including procurement of materials and
leases of equipment.
-4-
Elk Grove Village
Elmhurst Road
Cook County
76251
The 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.
(6) 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 each
signalized intersection will be made by a representative of the STATE
and, if satisfactory, acceptance for maintenance will be given.
(7) Upon acceptance by the STATE of the traffic signal work included
herein, it is mutually agreed that the financial responsibility for
maintenance and electrical energy for the operation of the signals
shall be divided as follows:
ELMHURST ROAD ® DEVON AVENUE:
Maintenance: STATE
0% (AUNTY
0% VILLAGE
Electrical Energy 0 % STATE
0% COUNTY
100% VILLAGE
ELMHURST ROAD ® PRATT BLVD.:
Maintenance: 69-2/3% STATE
D% COUNTY
33 1/3X', VILLAGE
Electrical Energy 0 % STATE
0% (AUNTY
100% VILLAGE
ELMHURST ROAD ® GREENLEAF ROAD:
Maintenance: 0% STATE
0% COUNTY
50% VILLAGE
Electrical Energy 0 % STATE
0% COUNTY
100% VILLAGE
ELMHURST ROAD ® LANOMEIER ROAD:
Maintenance: 66 2/3% STATE
0% COUNTY
33 1/3% VILLAGE
Electrical Energy 0 % STATE
0% COUNTY
100% VILLAGE
-5-
Elk Grove Village
Elmhurst Road
Cook County
76251
The STATE will maintain all the traffic signals shown above. The
State shall maintain the traffic signals thru its electrical
maintenance contract. The traffic signals shall be maintained at
Level of Maintenance II.
It is understood that Level of Maintenance I meets the minimum
requirements of the Illinois Manual on Uniform Traffic Control
Devices for Streets and Highways and Level of Maintenance II exceeds
the Manual requirements and is prescribed for those signals that the
District Engineer, with the concurrence of the Engineer of Traffic,
determines to require a higher level of service for adequate
operations of the highway system at those locations.
(8) The Village agrees to be billed by the State for its proportionate
share of the signal maintenance costs on a three-month basis. The
amount billed shall be the actual costs incurred less any third party
damage claims received during the billing period for repair of
signals that are the responsibility of the billed party.
(9) The parties hereto agree that the traffic signal maintenance and
energy provisions of this agreement shall remain in effect for a
period of twenty (20) years from the date of its execution or so long
as the traffic signals covered by the terms of this Agreement or any
Amendment hereto remain in place either in their current or some
modified configuration, whichever is the shorter period of time.
Such an effective term shall apply unless otherwise agreed in writing
by the parties hereto.
(10) It is understood that the Village will arrange to furnish all the
electrical energy required in the operation of the traffic signals.
The Village agrees to pay 100% of this cost as billed by the local
power company.
(11) The STATE retains the right to control the sequence and timing of the
traffic signals.
-6-
Elk Grove Village
Elmhurst Road
Cook County
76251
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.
Executed by the VILLAGE, the 12th ELK GROVE VILLAGE
day of September , 19 89 .
ATTEST:
Patricia S. Smith By: Charles J. Zettek
VILLAGE CLERK VILLAGE PRESIDENT
-7-
Efk Grove Village
Elmhurst Road
Cook County
76251
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.
EXECUTED BY COUNTY:
ATTEST:
COUNTY OF COOK
Date: Date:
By: By:
County Clerk President
Board of the County Commissioners
RECOMMENDED FOR EXECUTION
Date:
By:
Chairman County Board
-8-
Elk Grove Village
Elmhurst Road
Cook County
76251
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.
APPROVED BY STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
BY•
DIRECTOR OF HIGHWAYS
DATE
-9-