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HomeMy WebLinkAboutRESOLUTION - 30-87 - 5/26/1987 - APPROP FUNDS/CONSTRUCTION SIDEWALKRESOLUTION 30-87 A RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT OF $14,895 FOR THE CON`_,TRUCTION OF SIDEWALK ON NERGE ROAD - FAUS PROJECT NO. M-6003(194) WHEREAS, the Cook County Highway Department has heretofore agreed to provide the final engineering plans and specifications, and to receive bids, award the construction contract and provide construction engineering for the Nerge Road FAUS Project identified as Federal Project No. M-6003-(194); and, WHEREAS, certain sidewalks to be constructed will be constructed within the Corporate limits of the Village of Elk Grove Village; and WHEREAS, the Village of Elk Grove Village has heretofore committed to contributing certain funds for the construction of said sidewalks within its Corporate limits; and WHEREAS, the Corporate Authorities of the Village of Elk Grove Village deem the passage of this Resolution to be in the best interest and furtherance of the general welfare of the Village of Elk Grove Village. NOW, THEREFORE, BE IT RESOLVED by the Corporate Authorities of the Village of Elk Grove Village, Cook and DuPage Counties of Illinois, as follows: Section 1: That the provisions of the preamble hereinbefore set forth are hereby restated as though herein fully set forth. Section 2: That there is hereby appropriated the sum of $14,895 for the construction of sidewalks along Nerge Road within the corporate limits of the Village of Elk Grove Village in accordance with the final engineering plans for the Nerge Road FAUS Project, a copy of which is located in the Village Clerk's Office of the Village of Elk Grove Village, Federal Project No. M 6003(194). Section 3: That the Village Clerk of the Village of Elk Grove Village shall immediately transmit two (2) certified copies of this Resolution to the District Office of the Department of Transportation, at Springfield, Illinois. Section 4: That the Village Clerk is hereby authorized to publish this Resolution in pamphlet form. - 1 - Section 5: That this Resolution shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYE: 6 NAY: 0 ABSENT: 0 PASSED this 26th day of May , 1987. APPROVED this 26th day of May , 1987. ATTEST: Patricia S. Smith Village Clerk Published this 28th day of May IWAE Charles J. Zettek i age President , 1987, in pamphlet form. A G R E E M E N T FOR FEDERAL PROJECT M-6003(194) (NERGE ROAD FROM ROSELLE ROAD TO MEACHAM ROAD) THIS AGREEMENT is entered into this = day of ?V , A.D., 19e�'7 , 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 VILLAGES OF ROSELLE AND ELK GROVE VILLAGE, acting by and through their PRESIDENTS AND BOARDS OF TRUSTEES, hereinafter called ROSELLE and ELK GROVE. W I T N E S S E T H WHEREAS, the STATE, the COUNTY, ROSELLE and ELK GROVE, in order to facilitate the free flow of traffic and insure safety to the motoring public, are desirous of improving approximately 1.6 miles of Nerge Road (FAU Route 1346) from west of Roselle Road to west of Meacham Road in the Villages of Roselle and Elk Grove Village and unincorporated Schaumourg Township, Cook County, Illinois, COUNTY Section 82-MU11-02-RP, ROSELLE Section 83 -00038 -UO -WR, ELK GROVE Section 83 -00024 -00 -WR, STATE Section 1983-227WRS, STATE Job No. C-89-002-83, Federal Project M-6003(194), by making the following improvements: A. Widening and reconstructing the existing roadway to provide four 12 -foot wide thru lanes and a 16 -foot wide mountable median, with left -turn lanes at various intersecting streets and driveways; B. Widening and channelizing Roselle Road and Plum Grove Road north and south of Nerge Road; C. Installing new curb and gutter throughout and a storm sewer system to accommodate the improvement; D. Modernizing the existing traffic signals at Roselle Road and at Plum Grove Road; E. Constructing sidewalks and installing street lignting at various locations; and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications, hereinafter called the PROJECT; and WHEREAS, the STATE, the COUNTY, ROSELLE and ELK GROVE are desirous of said PROJECT in that same will be of immediate benefit to the residents of said municipalities and permanent in nature; and WHEREAS, the STATE, the COUNTY and ROSEEL-L/E entered into separate agree- ments dated /�/p��p and Tly lS/%�� covering the Preliminary Engineering required for the PROJECT under Federal Project M-6003(193), and the STATE, the COUNTY, ROSE/LLE and ELK GROVE entered into a separate agreement dated 411r1/ %�� covering the right of way acquisition therefor under Federal Project M-6003(545); and WHEREAS, under the terms of the aforementioned right of way acquisition agreement the COUNTY has assumed the jurisdiction (not maintenance) of Nerge Road between Roselle Road and Plum Grove Road and ROSELLE has retained the maintenance responsibility therefor (Nerge Road between Plum Grove Road and Meacham Road continues to be a part of the County Highway System); 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 COUNTY, after the STATE approves the plans, shall receive bids and award the contract for construction of the PROJECT, subject to the concurrence of the STATE. Execution of this Agreement constitutes the concurrence of ROSELLE and SLK GROVE in the award of said contract to the responsible low bidder as -2- determined by the COUNTY and concurred in by the STATE. The COUNTY shall also furnish the resident engineering, provide or cause to be provided the material inspection and field propor- tioning during construction, and cause the PROJECT to be built in accordance with the approved plans, specifications and con- tract (the Federal Highway Administration, through the STATE, shall reimburse the COUNTY for a portion of these costs, as hereinafter stipulated). / 2. The COUNTY, on,�spjy�Q�ry/9BL, appropriated, by separate resolution,' wgID. to pay the cost of constructing the PROJECT, ROSELLE, on �T� /9�% appropriated $ to pay its share thereof, and ELK GROVE, on z z , appropriated $ / B%j � � to pay its share thereof, and all agencies will in Lite ruture pass supple- mental resolutions to provide additional funds for their shares if the amounts appropriated prove to be insufficient to cover said costs. 3. ROSELLE and ELK GROVE each agree to adopt, and have in effect prior to the COUNTY advertising for the work to be performed hereunder, an ordinance prohibiting parking on the improved sections of roadway lying within their respective corporate limits. 4. ROSELLE and ELK GROVE each agree to adopt, and have in effect prior to the COUNTY advertising for the work to be performed hereunder, an ordinance prohibiting the discharge of sanitary and/or industrial waste water into any storm sewer constructed as a part of the PROJECT. -3- 5. ROSELLE and ELK GROVE agree not to authorize or permit any opera- tion, practice or encroachment which will impede or interrupt the orderiy flow of vehicular traffic on the completed PROJECT, and to enforce such traffic regulations and local ordinances that affect traffic operations thereon. 6. ROSELLE and ELK GROVE agree not to permit driveway entrance open- ings to be made in the curb as constructed without the written consent of the COUNTY. 7. The disposition of encroachments, if any, shall be cooperatively determined by representatives of the STATE, the COUNTY, ROSELLE and ELK GROVE. 8. The COUNTY agrees to assume any costs of utility relocations which are reimbursable through agreements with the involved companies, as approved by the STATE. 9. The COUNTY agrees to regulate or cause to be regulated, on a continuing basis, the use of highway right of way by utilities in the manner set forth in the current State's Utility Accommo- dation Policy applicable to the highways to be involved. 10. The COUNTY shall require the contractor constructing the PROJECT to accept the maintenance (excluding snow and ice control) of Nerge Road between Roselle Road and Plum Grove Road for the duration of the contract. ROSELLE shall retain responsibility for snow and ice control. A. Upon completion and final inspection of the physical construction, and upon receipt of written acceptance thereof by the STATE and the Federal Highway Adminis- tration (Form #FHWA 14460, the COUNTY shall assume the maintenance responsibility for Nerge Road between Roselle Roaa and Plum Grove Koad. -4- 11. Upon completion of the PROJECT, the COUNTY agrees to retain juris- diction of Nerge Road between Plum Grove Road and Meacham Road. 12. Upon completion of the PROJECT, ROSELLE and ELK GROVE agree to maintain, or cause to be maintained, all new or existing sidewalks, street lighting and municipally -owned utilities and appurtenances within portions of the PROJECT lying within their respective cor- porate limits. 13. Upon completion of the traffic signal work included in the PROJECT and acceptance thereof by the STATE; A. The COUNTY shall maintain the traffic signals at Roselle Road and at Plum Grove Road. (1) ROSELLE shall pay twenty-five percent (25%) of the maintenance and electrical energy costs for the signals at Plum Grove Road. ROSELLE shall make payments for maintenance costs by certified check payable to the "Treasurer. for Cook County" for deposit into the COUNTY'S Motor Fuel Tax Fund Account, and each check shall be mailed to the COUNTY'S Superintendent of Highways within thirty (30) days of the date of the COUNTY'S quarterly billing for maintenance. In addition, the COUNTY shall enter into electrical services contracts with the local power company providing for the appropriate share of the electrical energy costs to be billed to ROSELLE. (2) The COUNTY shall pay one hundred percent (100%) of the maintenance and energy costs for the signals at Roselle Road and seventy-five -5- percent (75%) of the maintenance and energy costs for the signals at Plum Grove Road. 14. The COUNTY agrees to comply with all applicable Executive Orders, Federal and State laws and regulations pursuant to Equal Employ— ment Opportunity and Nondiscrimination. 15. The parties hereto mutually agree that the estimated cost of the PROJECT is as follows: Contract Construction Costs . . . . . . . . . . . $4,750,000.00 Construction Engineering Costs . . . . . . . . . $ 285,000.00 TOTAL . . . . . . . . . . . . . . . . . . . . . . $5,035,000.00 16. The parties hereto mutually agree that the uivision of costs shall be as shown on Page 6A of this Agreement. 17. The COUNTY agrees to pay the total cost of Construction (Phase III) Engineering, an amount estimated to be $285,000.00, subject to reimbursement, by the STATS, of the Federal share of 70.21% thereof, in accordance with current billing procedures established for Federal—Aid projects. 18. The COUNTY agrees to pay the total Contract Construction costs subject to partial reimbursement of these costs by ROSELLE and ELK GROVE, as hereinafter stipulated. A. ROSELLE'S and ELK GROVE'S shares are each 29.79% of the cost of installing new sidewalks and street lighting within their respective corporate limits. ROSELLE and ELK GROVE shall each pay to the COUNTY, in a Lump sum by certified check made payable to the "Treasurer for Tax Fund Account, an amount equal to its share of contract construction costs within thirty (30) days of receipt of an invoice therefor from the COUNTY upon completion of the PROJECT. m G C 0 0 0 0 0 C e0 00 0 o p o 0 a o 0 p o 0 0 a on eo d F v a a oo z a c .-• z O O O x M O 7 N N O) O V N N N O S F T � .•+ 'O 4 V � 3 a v n El F N 3 0 3 Z O C) 5 CJ w W Z O c Z z O U V L ma O O O N M ^ W C1 W OW O O O O S � S i+l a N m O \ \ S N b Ul Y ^ Z z z a N N F Ol y \ c0 \ b N � O Z z ` W^ z aEi a T ' � z z o z p L y N v p p ++ d a ¢ ¢ a N \ O Z z Z Z z U T T N N .a W h Z a Z Z N m G C C e0 00 00 C C U 0 a on eo W F v a a oo z a c .-• z O 7 N N O) O V N N N O H F T � .•+ 'O 4 V 3 a v n El F N 3 0 3 Z O C) 5 CJ w W Z O c Z z O U V -6A- F J F B. The Federal share of this cost is 70.21% thereof, an amount estimated to be $3,334,975.00, which is to be reimbursed to the COUNTY by the STATE in accordance with current billing procedures established for Federal - Aid projects. C. The cost of all work which is ineligible for Federal - Aid participation, and which is approved for construc- tion by the COUNTY, ROSELLE or ELK GROVE, shall be borne 1007, by the COUNTY, ROSELLE or ELK GROVE, depending upon the nature and location of said non -participating work. 19. The COUNTY agrees co maintain all construction records, to make them available for review and/or audit by STATE and Federal personnel during the PROJECT construction stage, and to retain said records for a period of three (3) years after final acceptance of the PROJECT. 20. The parties hereto mutually agree that failure on the part of the COUNTY, ROSELLE and/or ELK GROVE to fulfill the responsibilities covered in Items 3, 4, 5, 9, 10, 11, 12, 13, 14 and 19 of this Agreement will render the COUNTY and/or said municipalities ineligible for Feaeral-Aid participation in future highway projects for which they have similar responsibilities, for as long as such failures remain uncorrected. 21. The COUNTY'S Superintendent of Highways is authorized to execute subsequent amendments to this Agreement relative to budgetary and other items, upon approval of the STATE, as long as the amendments do not alter the total cost of the PROJECT or effect major changes in the intent of the Agreement. 22. This Agreement and the covenants contained herein shall 'become null and void in the event the contract covering the construction work contemplated herein isnot awarded prior to July 1, 1989. -7- 23. This Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns. ATTEST: VILLAGE CLERK S E A L ATTEST: ", ` .VILLAGE CLERK S E' ','A L. i i VILLAGE OF ROSELLE a By —�� ESIDENT VILLAGE QF ELK GROVE VILLAGE By �%/ C�/P12' ENT APPROVED AS TO FORM: RICHARD M. DALEY, STATE'S ATTORNEY ATTORNEY FOR COOK COUNTY BY _e eeee ASSISTANT STATd'S ATTORNEY COUNTYZ_,._ By.s+: i PRESID NT, BOARD OF COUNTY COMMISSIONERS Recommended f execution: By SUPE -N NDENT OF HIGHWAYS STATE OF ILLLNOIS, DEPARTiXENT OF T"NSS�PO�tRT�,ATT,ION By Llrt�� DIRECTOR OF HIGHWAOA Date /� , 19S� 7 CF.ATIFICATI AS KF"EVER OF NFCONDS AND FILES -F.11 51•rrt Sl,, STATE OF ILLINOIS, COUNTY OF COOK I, Stamey T. Kusper, Sr., County Clerk of Cook County, in the State aforesaid and keeper of the rccuros and hles of said Cook County, do hereby certify that The Board of Commissioners of The County of Cook at their regular meeting held on the -hi, day of &Z -%y ! passed the following resolution: R E S O L U T I O N Resolved that the President of the Board of County Commissioners is authorized and directed to execute five counterparts of an agreement with the Illinois Department of Transportation and the municipalities of Roselle and Elk Grove Village for improving "erge Road between Roselle and Meacham Roads and transferring same to the County highway System, Section 82 -A9011 -02 -RP, as presented by the Department of Highways April 24, 1986, and that the Department is directed to return the counterparts to the Illinois Department of Transportation for execution and signature sheet collation of those execution sheets of the municipalities. all of which appears from the records 'and files of my office. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of said County at my office in the City of Chicago in said County, this S'A day of_ no, 19-3;— A r" Z111 KKI C2"k