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Home My WebLink AboutRESOLUTION - 29-03 - 4/22/2003 - AGRMT, JOINT/IDOT/BUSSE RD IMP.RESOLUTION NO. 29-03 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AGREEMENT BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE BUSSE ROAD TRANSIT CORRIDOR IMPROVEMENTS (MARK STREET TO OAKTON STREET) NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached documents marked: Agreement Village of Elk Grove Village Section No. 01-00047-00-GL(MF7) 2003-0231 (State) Job No. C-91-065-03 Cook/DuPage County 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 Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 22nd day of April 2003. APPROVED this 22"d day of April 2003.. ATTEST Ann I. Walsh, Village Clerk APPROVED: Craig B. Johnson, Mayor RESO/DOTBUSSEROAD. DOC Village of Elk Grove Section No.: 01-00047-00-GL(MFT) 2003-023I (STATE) Job No.: C-91-065-03 Cook/DuPage County AGREEMENT THIS AGREEMENT is entered into this 22nd day of April , 20 03 A.D. by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the VILLAGE OF ELK GROVE, in the Counties of Cook & DuPage in the State of Illinois, hereinafter called the VILLAGE. WHEREAS, the parties hereto, in the interest of the safe and efficient movement of vehicular and pedestrian traffic, are desirous of performing construction and construction engineering of pedestrian and bus shelter improvements along IL 83 between Oakton Street and Mark Street in the VILLAGE and all other appurtenant items, said improvements to be identified as MFT Section: 01 -00047 -00 -GL; STATE Section: 2003-023I and STATE Job No. C-91-062- 03, Operation GreenLight Project, and hereinafter referenced to as the PROJECT; and WHEREAS the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the residents of the area and permanent in nature; and WHEREAS, the STATE and VILLAGE wish to avail themselves of certain funds appropriated from the Operation GreenLight Fund to the Department of Transportation for this PROJECT; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereto agree as follows: I. THE VILLAGE AGREES: To prepare plans, specifications and contract documents, receive bids and award the contract for the construction of the PROJECT, furnish or cause to be furnished the resident engineer together with the construction guidance, proportioning of materials and inspection during construction, provide acceptance sampling and testing of materials in accordance with the Standard Specifications for Road and Bridge Construction, Project Procedures and Guide and methods prescribed by the STATE, and cause the project to be built following MFT procedures as found in the Administrative Policies of the Bureau of Local Roads in accordance with the plans, specifications and contract approved by the STATE. 2. To certify to the STATE that all necessary right-of-way has been obtained (if right-of- way is required) or that no additional right-of-way is required. 3. To maintain jurisdiction and maintenance of the completed improvement. Village of Elk Grove Section No.: 01-00047-00-GL(MFT) 2003-023I (STATE) Job No.: C-91-065-03 Cook/DuPage County 4. To exercise its franchise rights to cause private utilities to be relocated at no expense to the STATE. To maintain, for a minimum of 3 year after completion of the contract, adequate books, records, and supporting documents to verify the amounts recipients, and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General; and the VILLAGE agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish the presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7. To regulate or cause to be regulated, on a continuing basis, the use of highway right-of- ways by utilities in the manner set forth in the current "Utility Accommodation Policy for All Federal -Aid Work and MFT Construction Projects on County and Township Highways and Municipal Streets in Illinois". II. THE STATE AGREES: To famish off-site material inspection and testing, at sources normally visited by STATE inspectors. III. IT IS MUTUALLY AGREED; The disposition of encroachments, if any, shall be cooperatively determined by representatives of the VILLAGE and the STATE. That the estimated Division of Costs of the PROJECT are: TYPE OF WORK STATE VILLAGE TOTAL Construction $1,010,000 _$0_ $1,010,000 Construction Eng. $ 70,000 _$0_ $ 70,000 TOTAL $1,080,000 _$0_ $1 080 000 3. The STATE agrees to pay 100 percent of the construction and construction engineering costs up to a maximum amount of $1,080,000 for the PROJECT from Operation Village of Elk Grove Section No.: 01-00047-00-GL(MFT) 2003-023I (STATE) Job No.: C-91-065-03 Cook/DuPage County GreenLight Funds. Any funds required to complete the PROJECT in excess of the $1,080,000 will be the responsibility of the VILLAGE. The STATE will reimburse the VILLAGE for ninety-five percent (95%) of its share of the construction and construction engineering costs upon award of the contract and receipt of a letter certifying such award and requesting said payment. The remainder of the STATE'S obligation shall be paid upon final inspection and acceptance of the PROJECT by the STATE. 4. The financial responsibility for the maintenance of the new construction along IL 83 between Oakton Street and Mark Street will entirely be the responsibility of the VILLAGE. 5. This agreement and the covenants contained herein shall become null and void in the event a contract covering the work contemplated herein is not awarded prior to December 30, 2005. 6. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. 7. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available fund for the work contemplated herein. 8. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seMc) unless the provision of that Act exempt its application. 9. For contracts awarded by the LOCAL AGENCY, the LOCAL AGENCY shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LOCAL AGENCY shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LOCAL AGENCY's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT — approved LOCAL AGENCY DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. Village of Elk Grove Section No.: 01-00047-00-GL(MFT) 2003-023I (STATE) Job No.: C-91-065-03 Cook/DuPage County 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, 22nd day of April ATTEST: Ann I. WAlsh Village Clerk VILLAGE OF Elk Grove Village Craig B. Johnson 2003 Mayor APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: Director of Highways Date S:\Wp2\Agrmta & Related Cort\Elk Grove Village\01-00047-00-GL\BLR Joint Agreement -Elk Grove Village IL 83.doc 4