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HomeMy WebLinkAboutRESOLUTION - 35-85 - 5/14/1985 - LOCAL AGENCY AGRMTRESOLUTION NO. 35-85 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE A LOCAL AGENCY AGREEMENT FOR THE OAKTON STREET FAUS 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 1. That the Village President be and is hereby authorized to sign the attached documents marked: LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2. That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 14th day of May , 1985. APPROVED this 14th day of May , 1985. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk -Municipality Elk Grove Vill Township County Cook STATE OF ILLINOIS DEPT OF TRANSPORTATION LOCAL AGENCY AGREEMENT_ FOR FEDERAL PARTICIPATION Section 83-00027 .._ATR 1997-1(Q Fund Type IX.A State_ Contract I Day Labor Local Contract This agreement is made and entered into between the above local agency fLA) and the State of Illinois, acting by and Mrougn 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 approved ander reQw,ed by the United States Fede. al Hig;,vray A.dm,nietration hereinafter referred ,o as FHWA. LOCATION Name_Oakton Street _ _ ao,;.r FAL'1331 Length__ 1.25 Miles Termrni From Arlington Heights Road to HigKins_ Road. Other F•_n.n r , ^c! l'i, �d=_d _ Ar A 3_ --_-- Source of�)trierF�nd,ng. ;„ Covered under separate agreement dated September 20, i4S4. Total Project Cost $ 1,310,000 NOTE: The above costs and percentages are approximate and subject to change. The percentagels) recorded and maintained by the STATE, will be used in the final division of costs for billings or reimbursement. If funding is lump sum and not a percentage of the total, place an asterisk in the appropriate space provided for entering percentages. The Federal share of construction engineering may not exceed 10% 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 in the future appropriate additional funds if the amount appropriated proves to be insufficient to cover the LA's share of the cost METHOD OF FINANCING (STATE CONTRACT WORK ONLY) METHOD A ---Lump Sum ISIS`, of LA Obhgatior`$ METHOD B--- Monthly Payments of $_ U METHOD C 5 s share $ 366 -41 7 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) ADDENDUMS Additional information and -or stipulations, if any, are hereby attached and identified below as being apart of this agreement. Addendum SEE PAGE 3 (Insert NA, if no-, 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 exhibits indicated above. APPROVED APPROVED Name Charles Zettek Title Village President By Chaeman County Board Mayor village President etc Signature _ FOR DEPARTMENT USE ONLY Construction C-91-461-83 I IX -6003(145) STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION Director of Highways Date PROJECT DISCRIPTION Existing Str No _ iv/A (From Arlington Hts. Rd. to Shadywood Ln.): Roadwav resurfacing, curb & gutter replacement, adjustment of storm sewer appurtenances. (From Shadvwood Ln. to Higgins Rd.): Roadway wideni-, end resurfacing, construction of new curb & gutter & storm sewer scsten,, traffic signal instd atinn (� Lic,ply Rlvd a,,ri ` FvPrnrPPn C- And all incidental work.__ DIVISION OF COST TYPE OF WORK FHWA 4. STATE °o LA TOTAL Participating Construction ..... $ 863,583 1 70.21)s 1 )$ 366,417 ( 29.79)$ 1,230,000 Non -Participating Construction .. . $ 1 )s 1 )$ (100.00)$ **Preliminary Engineering ... _ ...... $ ( )$ 1 )$ 1 )$ Construction Engineering .. ... $ 56,168 170.21)$ 1 )$ 23,832 1 29.79)$ 80,000 Right of Way $ I )$ ( I$ 1 )$ utdi ies $ i$ S Sub i�!3' $ 919- 751 $ $ 390,249 S 1,311:,0001 Other F•_n.n r , ^c! l'i, �d=_d _ Ar A 3_ --_-- Source of�)trierF�nd,ng. ;„ Covered under separate agreement dated September 20, i4S4. Total Project Cost $ 1,310,000 NOTE: The above costs and percentages are approximate and subject to change. The percentagels) recorded and maintained by the STATE, will be used in the final division of costs for billings or reimbursement. If funding is lump sum and not a percentage of the total, place an asterisk in the appropriate space provided for entering percentages. The Federal share of construction engineering may not exceed 10% 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 in the future appropriate additional funds if the amount appropriated proves to be insufficient to cover the LA's share of the cost METHOD OF FINANCING (STATE CONTRACT WORK ONLY) METHOD A ---Lump Sum ISIS`, of LA Obhgatior`$ METHOD B--- Monthly Payments of $_ U METHOD C 5 s share $ 366 -41 7 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) ADDENDUMS Additional information and -or stipulations, if any, are hereby attached and identified below as being apart of this agreement. Addendum SEE PAGE 3 (Insert NA, if no-, 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 exhibits indicated above. APPROVED APPROVED Name Charles Zettek Title Village President By Chaeman County Board Mayor village President etc Signature _ FOR DEPARTMENT USE ONLY Construction C-91-461-83 I IX -6003(145) STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION Director of Highways Date 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 Tides 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 plus, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been complied with, and the dispr,snu;n of encroachments, if any, will be cooperatively determined by representatives of the LA, the STATE and the FHWA f, e -se f the rigiiT Of w,i, c' 'his by •itr:-+lies rup,: c d^.d nrivate.:n _- .r" I, .• w P I t, L,m- i J,ipn Pi,,V For Federal -Aid'A r,K anU MFT CUA.. lr,C tion rirole6lS fpr Cour ty and Town - Ship ,wd ,.i', '3, To Din, u1;' fb' r . prejr,i •.lupi: , :.ins int rhe pn,poseci iripro,emeni and engineering super,,5,ur du'rng construction of the pmpnsed ,Til' -":'n„ r4) To ma�r;Tarr', hr r ,i'6e'f, '-r .vntaw,,(i it'n Pnmpleted mnro:emem and, w^en O^ a Federal. gid 'nu -e to ma'ritair nr cause t, hP main- tained- the cempiered inn r- veinert in a manse, satis•actory to the STATE a..^.d rhe FHWA- 151 To comply with all applical1, L,e,utive Orders and Federal Highways Acts pursuant to the Equal Empla, inept Opportunity and Non-dis- crimination Regulations ren i„red pv the U S Department of Transportation 161 To preserve dn,l prod i_= „I request if resp :nsihle STATE or FrsW A. ofncia!s at! records for this r r�)ect `_, me purpose of n: audit fr,r a pero(I )i L:,or= vJ-s c r I! ,- Fr:'r:A pn,.Tent of the 71 PrC,vs on= will tr- r i - r r �r r.f _ - _ .. r ue cr^ 6mi'S of rhe prop, I (8) That failure of the LA to comply with Federal requirements may result in the loss (partial or total) of Federal participation as determined by the FHWA, (9) (STATE Contracts Only) That the method of payment designated on page one wilt be as follows Method A- Lump Sum Payment Upon award of the contract for this improvement, the LA wilt pay to the STATE, in a lump sum, an amount equal to 95 of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation fincluding any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs Method 8- McntMv payme:-�ts Upnn award of the contract for this improvement. the LA will pay to the STATE, a specified f n ; ri e^-: mted per,pd ns rm.nnthc r unto '_6 : ,�� LA s - !eh fill„a h-,^ urde• The prcvi;,ons -.. .. .. �-: - - .:,,.r. .- I ., _.. .., .. nmril:'.rJ, e r p.iq ., u,-- r'i0 - ',al 4�0• , � _ .., i..- .. ace..-. or, 00) (Day Labor or Local Contracts Only1 To provide or cause to oe provided all of the intiat funding. work. labor, material and services 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- neering 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. THE STATE AGREES (11 To provide such guidance, assistance and supervision and to monitor and perform audits to 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 recalled). (3) (STATE Contract Only) 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 land FHWA if required), (41 (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 15) (Day Labor or Local Contracts Only) To reimburse the LA for that portion of the cost payable from Federakaid 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 AGREFD (1) That this agreement shall Ge null and void in the event that the FHWA does not approve the proposed improvemenet for Federal -aid P3rocipation 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 12) 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 Part 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 par- ticipate in the performance of this agreement. In this regard the STATULA 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 whole or 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 matenals 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 Cr 0 Arfg♦ rocv crooi ADDENDUM AN ADDENDUM TO THE JOINT VILLAGE -STATE AGREEMENT FOR PROJECT IX -6003(145) IN THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS CHANGES IN "AGREEMENT PROVISIONS" I. Under "THE LOCAL AGENCY AGREES": A. Item (3) is revised to read: "To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during con- struction 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"; B. The following items are added: (12) To have in effect, prior to the award of the construction contract, an ordinance prohibiting or regulating parking in accordance with the approved design and an ordinance prohibiting the discharge of sanitary and/or industrial waste water into any storm sewer constructed as part of this improvement. (13) To furnish the construction records to the STATE for documen- tation review and retention for F.H.W.A. audit purposes until the close of the calendar year during which construction is completed, at which time said records will be returned to the LA for completion of the period of retention stipulated in Item (6), above. (14) 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. II. Under "THE STATE AGREES": A. The following items are added: (6) 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. (7) To reimburse the LA for the Federal share of construction engineering on the basis of periodic billings, provided each bill includes evidence of payment by the LA. QED