HomeMy WebLinkAboutRESOLUTION - 19-85 - 3/12/1985 - AGRMT/COOK COUNTYRESOLUTION NO. Ig -Rs
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN
AN AGREEMENT WITH COOK COUNTY FOR FEDERAL PROJECT M-6003
(133) (BIESTERFIELD ROAD F.A.U.S. PROJECT)
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: `
Section l: That the Village President be and is hereby authorized
to sign the attached documents marked:
AGREEMENT
FOR FEDERAL.PROJECT M-6003(133)
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
March
1985•
APPROVED
this
12th
day
of
March
1985.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
A G R E E M E N T
FOR FEDERAL PROJECT M-6003(133)
THIS AGREEMENT is entered into this day of
A.D., 19_, by and between the STATE OF ILLINOIS, acting by and through its
DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE,'the COUNTY OF COOK
of the State of Illinois, hereinafter called the COUNTY, and the VILLAGE OF ELK
GROVE VILLAGE, acting through its PRESIDENT AND VILLAGE BOARD, hereinafter
called the VILLAGE.
W I T N E S S E T H
WHEREAS, the STATE, the COUNTY and the VILLAGE, in order to facilitate the
free flow of traffic and insure safety to the motoring puolic, are desirous of
improving approximately 1.0 miles of Biesterfield Road (FAU 1339) from Meacham
Road to Rohlwing Road in the Village of Elk Grove Village, Cook County,
Illinois, VILLAGE Section 83 -00023 -00 -WR, COUNTY Section
STATE Section 1983-185WRS, STATE Job No. C-91-479-83, Federal Project
M-6003(133), by making the following improvements:
A. Constructing a new roadway from Meacham Road to Home Avenue, to
include new storm sewer, curb and gutter and thermoplastic pave-
ment marking;
B. Widening and reconstructing the existing roadway from Some Avenue
to Rohlwing Road, to include complete resurfacing, curb and
gutter removal and replacement and a thermoplastic median;
C. Resurfacing and installing thermoplastic pavement markings on
Meacham Road and Rohlwing Road north and south of Biesterfield
Road;
D. Installing traffic signals, with an Emergency Vehicle Priority
System, at Meacham Road;
n
and by performing al _her work necessary to compl the improvement in
accordance with the approved plans and specifications, hereinafter called the
PROJECT; and
WHEREAS, -the STATE, the COUNTY and the VILLAGE are desirous of saia PRGJ:.CT
in that same will be of immediate benefit to the VILLAGE'S residents ana
permanent in nature; and
and
WHEREAS, no additional right of way is required to construct the PROJECT;
WHEREAS, the STATE and the VILLAGE entered into an agreement on January 23,
1984 covering the Phase I and Phase II Engineering under Federal Project
M-6003(132), (STATE Job No. P-91-479-83).
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto agree that upon successful completion of the Phase II
Engineering and right of way acquisition for the PROJECT:
1. The VILLAGE shall, at its own expense, furnish the resident
engineer together with the construction engineering, proportion-
ing of materials and inspection during the construction of the
improvement, provide acceptance sampling and testing of materials
in accordance with the specifications, Project Procedures Guide
and methods prescribed by the STATE, and cause the PROJECT to be
built in accordance with the approved plans, specifications and
contract (the COUNTY and Federal Highway Administration, through
the STATE, will reimburse the VILLAGE for a portion of these
costs as hereinafter stipulated).
2. The STATE shall provide independent assurance sampling, and
furnish off-site material inspection and testing, at sources
normally visited by STATE inspectors, of steel, cement, asphalt,
aggregates, sewer and drainage pipe, structural steel, and other
materials customarily tested by the STATE.
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3. The STATE, �r approving the plans, shal' ceive bids and
award the contract for construction of the PROJECT, subject to
the concurrence of the VILLAGE.
4.- The VILLAGE, on f'f 19, appropriated, by
separate resolution, $ % 6-07 8S / and the COUNTY on
19_, appropriated $
to pay their shares of the cost of the PROJECT, and will in the
future pass supplemental resolutions to provide additional funds
for their shares if the amounts appropriated prove to be in-
sufficient to cover said costs.
5. The VILLAGE agrees, prior to the STATE advertising for the work
to be performed hereunder, to obtain approval from the COUNTY of
the plans and specifications as they affect Meacham Road, and to
secure a permit from the COUNTY'S Superintendent of Highways to
construct that portion of the PROJECT lying within the right of
way of Meacham Road.
A. Upon completion of the PROJECT, the VILLAGE agrees to
furnish the COUNTY with a complete set of as -built
plans for that portion of the PROJECT involving Meacham
Road, including the traffic signals at the intersection
of Biesterfield Road and Meacham Road.
6. The STATE agrees, prior to awarding the contract for construction
Of the PROJECT, to require the contractor to carry, in the name
of the County of Cook, its officials, employees and agents,
Owners Protective Liability Insurance in the amounts of
$2,000,000.00 Bodily Injury and $5U0,000.00 Property Damage Per
Occurrence, to cover the work to be done on Meacham Road.
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7. The VILLAGE all have in effect, prior to i STATE advertising
for the work to be performed hereunder, an ordinance requiring
that parking be prohibited on the improved roadway within the
licit_ _f t'.e
b. Tae G'I L1.4GE s -a11 :.ave :n ettect, prior to the ST.-._: aCVc::iS:n_
rOr t.-.Ec wJrK :J De DErtOr-.ed nereunazr, an urLina:.7e
the discharge of sanitary and/or industrial waste water into any
storm sewer constrcctec, as a part of the PRI,JECT.
5. The VILLAGE agrees not to authorize or permit any c�rat:un,
practice or encroachment which will change, impede or interrupt
the orderly flow of vehicular traffic on the completed PROJECT,
and to enforce such traffic regulations and local ordinances that
affect traffic oteratior.s thereon.
10. Prior to the 5T4"E advertising for the work to be pertormca t_re-
under, the disposition of encroachments, if any, snall be cooper-
atively determined by representatives of the STATE and the
VILLAGE.
11. The VILLAGE shall provide, prior to the STATE advertising for the
work to be performed hereunaer, approval, by resolution or
letter, of the plans and specifications as prepared.
12. The VILLAGE shall exercise its franchise right to cause utilities
to be relocated at no expense to the STATE or the COUNTY. The
VILLAGE further agrees to regulate or cause to be regulated, on a
continuing basis, the use of highway rights of way by utilities
in the manner set forth in the current State's Utility Accommo-
dation Policy applicable to the highway system involved.
13. Upon completion of the PROJECT the VILLAGE agrees to retain
jurisdiction, maintenance and control of Biesterfield Road, and
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the COUNTY F '1 retain jurisdiction, maint- nce and control of
Meacham Road, within the limits of the PROJECT.
A. The COUNTY shall have inspection rights, and shall be
invited to send, at its option, a representative to be
present at that part of the final inspection involving
the work on Meacham Road and the traffic signals at
Biesterfield Road and Meacham Roau.
14. Upon acceptance by the STATE of the traffic signal work included
herein, the COUNTY shall maintain the traffic signals at
Biesterfield Road and Meacham Road.
A. The VILLAGE shall pay one hundred percent (1008) of the
maintenance costs for the emergency vehicle priority
system, fifty percent (508) of the remaining main-
tenance costs, and fifty percent (508) of the elec-
trical energy costs for said signals.
B. The VILLAGE shall make quarterly payments by certified
check payable to the "Treasurer for Cook County" and
shall cause each check to be mailed to the COUNTY'S
Superintendent of Highways within thirty (30) days of
the date of the COUNTY'S quarterly billing for main-
tenance. In addition, the COUNTY shall enter into an
electrical services contract with the local power
company providing for the electrical energy costs to
be billed to the VILLAGE.
C. It is hereby mutually agreed that the maintenance
responsibilities shall commence at the time the signals
are turned on and accepted by the STATE and the COUNTY,
and that the COUNTY shall make arrangements with the
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local i r company to furnish the rec id electrical
energy for the signals.
15. The VILLAGE agrees to comply with all applicable Executive Orders,
State and Federal laws and Regulations pertaining to Equal Employ-
ment Opportunity and Nondiscrimination.
16. The parties hereto mutually agree that the estimated cost of the
PROJECT is as follows:
Contract Construction Costs . . . . . . . . . $650,000.00
Engineering Costs . . . . . . . . . . . . . . $ 45,000.OU
Total . . . . . . . . . . . . . . . . . . $695,000.00
17. The parties hereto mutually agree that the division of costs shall
be as shown on Page 6A of this agreement.
18. The VILLAGE agrees to pay the total cost of Construction (Phase
III) Engineering, an amount estimated to be $32,000.00, sub3ect to
partial reimbursement of said cost by the COUNTY and by the
Federal Highway Administration, through the STATE, as hereinafter
stipulated.
A. The VILLAGE'S share of Construction Engineering is
29.79% of that associated with the roadway and drainage
work, an amount estimated to be $11,022.00, plus 14.8958
of that associated with the traffic signal work, an
amount estimated to be $1,192.00, for a total estimated
amount of $12,214.00.
S. The Federal sharo of Construction Engineering is 70.218
thereof, an amount estimated to be $31,594.OU.
C. The STATE will reimburse the VILLAGE for the Federal
share of Construction (Phase III) Engineering on the
basis of periodic billings, provided each invoice for
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contras .al services incurred shows e.__ence of payment
by the VILLAGE.
D. The CUUNTY'S share of Construction Engineering is 14.8958
of that associated with the traffic signal work, an
amount estimated to be $1,192.00. The COUNTY will reim-
burse the VILLAGE for the COUNTY share of Construction
Engineering upon completion of the PROJECT, within thirty
(30) days of receipt of an invoice therefor from the
VILLAGE.
E. The VILLAGE'S attention is called to the fact that
current statutes pronibit the Federal Highway Adminis-
tration from participating in Construction Engineering
costs which exceed ten percent (108) of the final par-
ticipating construction costs. Therefore, the Federal
share of Construction Engineering may not exceed 108 of
the Federal share of said final construction costs.
Any cost in excess of this amount shall be borne by the
VILLAGE.
19. The STATE agrees to pay the total contract construction cost,
subject to partial reimbursement of said cost by the VILLAGE,
the COUNTY and the Federal Highway Administration, as hereinafter
stipulated.
A. The VILLAGE'S share is 29.798 of the roadway, drainage
and emergency vehicle priority system costs, an amount
estimated to be $165,335.00, plus 14.8958 of the remain-
ing traffic signal costs, an amount estimated to be
$14,150.00, for a total estimated amount of $179,485.00.
Upon receipt of the first and subsequent progressive
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bills -m the contractor constructing 'he PROJECT, the
VILLAGE will pay to the STATE, from any funds allotted
to the VILLAGE, an amount equal to the VILLAGE'S esti-
mated share ($179,485.00), divided by the estimated
total contract construction cost ($650,000.00), multi-
plied by the actual progress payment (appropriately
adjusted for non -participating costs for Federal -Aid
projects) made to the contractor, until the entire
obligation for construction costs incurreo under this
agreement has been paid.
B. The COUNTY'S share is 14.8958 of the traffic signal work
(not including the emergency vehicle priority system),
an amount estimated to be $14,150.00. Upon award of the
contract for construction of the PROJECT the COUNTY will
pay to the STATE, in a lump sum, an amount equal to 958
of the COUNTY'S estimated obligation for contract con-
struction costs incurred under this agreement, and will
pay to the STATE, in a lump sum, the remainder of said
obligation upon completion of the PROJECT, based upon
final costs.
C. The Federal share of this cost is 70.218 thereof, an
amount estimated to be $456,365.00, which is to be reim-
bursed to the STATE in accordance with current billing
procedures for Federal -Aid projects.
D. All costs which are ineligible for Federal -Aid partici-
pation, and are approved by the VILLAGE, shall be borne
1008 by the VILLAGE.
20. The STATE agrees to provide contract construction administration
and general supervision of the resident engineer.
QD
21. The VILLAGE •ees to maintain all PROJECT oras and to make
them available for review and/or audit by STATE, COUNTY and
Federal personnel during the PROJECT development and construction
mentation r :vie.: an,� retention LOC FLcercl aucit "r,: sas
.'e _lose .`•f tne Ca.en...:r ;'car QCT: , w^ic- Com...._.:Ct:On .=
C O."•�ieteC, at wnl ..C.e t-e raccr]_ ..ill .ie retCrnru .:� ....c
VILLAGE for completion of the perioo of retention.
22. The parties hereto mutually agree that failure on the part of the
VILLAGE to fulfill the responsibilities covered in Items 7, 8,
5, 1., 17 ;ad _, .._ t:.:s agree-,era wi,,
ell 'ole
for F_„era,-Aim partizipaticn in fUtlre iig•'•'�. __ �a=ta
fCr which they have similar resDonsizilities, for as 1vn as s'_C❑
failures remain uncorrected.
23. This agreement and the covenants contained herein shall become
null and void in the event the contract covering the construction
work contemplated herein is not awarded prior to January 1, 1988.
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24. This Agreema shall be binding upon and it to the benefits of
the parties hereto, their successors and assigns.
L:r+IWtaE LLL'1( V1LLnl,L CR:.S 11J Li,i
f '
S .. A L --
Date
ATTEST: APPROVED AS TO FORKS:
RICHARD M. DALEY, STATE'S ATTORNEY
ATTORNEY FOR COOK COUNTY
COUNTY CLERK
By
COUNTY OF COOK
By
PRESIDENT, BOARD OF COUNTY
COMMISSIONERS
Date , 19,
Recommended for Execution:
By
SUPERINTENDENT OF HIGHWAYS
STATE OF ILLINOIS,
DEPARTMENT OF TRANSPORTATION.
By
DIRECTOR OF HIGHWAYS
Date , 19
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