HomeMy WebLinkAboutRes 10-08 03/18/2008
\)
/
R~solution No. 10-08
FUNDING RESOLUTION
WHEREAS, the Village of Mount Prospect has entered into an AGREEMENT with the
STATE OF ILLINOIS for the improvement of Illinois Route 21 , known as State Section; 3268
F-R-l; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the Village to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
sixteen thousand, four hundred and seventy seven dollars ($16,477) or so much thereof as may be
necessary, from any money now or hereinafter allotted to VILLAGE to pay its share of the cost
of this improvement as provided in the AGREEMENT; and
BE IT FURTHER RESOLVED, that upon award of the contract for this improvement,
the VILLAGE will pay to the STATE in a lump sum from any funds allotted to the VILLAGE,
an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to said
STATE the remainder of the obligation in a lump sum, upon completion of the project based on
final costs.
BE IT FURTHER RESOLVED, that the VILLAGE agrees to pass a supplemental
resolution to provide any necessary funds for its share of the cost of this improvement if the
amount appropriated herein proves to be insufficient, to cover said cost.
STATE OF ILLINOIS )
COUNTY OF COOK )
];;Tl?4~ s ({;. ii &JZ- Clerk in and for the Village of Mount Prospect
_L7V>JCI S' hereby certify the foregoing to be a true perfect and complete copy of the
resolution adopted by th~~r.l?:n~t a meeting oo/2l:2.~ L"d_/f. . zocl A.D.
'/~ pc-;
IN TESTIMONY WHEREOF, I have hereunto set my hand seal this / '~ day of
/!brc? Ie,. 20~g_<-A.D.
'#J#~xr::j~ Q{J
Village Clerk
(SEAL)
FAP Route 347
Illinois Route 21
State Section: 3268F-R-1
Cook County
Job No.: C-91-048-02
Agreement No.: IN-108-019
Contract No.: 62387
AGREEMENT
This Agreement entered into this Iff >'1ay o~ 20 OJ> A.D, by and between the
STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION
hereinafter called the ST ATE, and the Village of Mount Prospect, of the State of Illinois,
hereinafter called the VILLAGE.
WITNESSETH:
WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to
the motoring public, is desirous of improving approximately 7,350 feet of Milwaukee Avenue,
(FAP Route 374, U.S. Route45/Illinois 21, STATE Section 3268F-R-1, reconstructing U.S.
Route 45/Illinois 21, from approximately 75 feet north of Apple Drive to approximately 175 feet
north of Sanders Road, providing two 12 foot through traffic lanes in each direction separated by
12 foot and variable width landscaped barrier medians, flush/striped medians and/or two way left
turn lanes. Southbound Illinois 211Milwaukee Avenue will be provided with 12 foot left turn
lanes at Winkleman Road and at the commercial entrance approximately 1,900 feet to the south
of Winkleman Road and a 12 foot and variable width right turn lane will be provided at U.S.
Route 45/Des Plaines River Road, Northbound Illinois 211Milwaukee Avenue will be provided
with a 12 foot left turn lane at the Lake Avenue Woods Forest Preserve entrance, at Forest
Preserve Drive., at U.S. 45/ Des Plaines River Road and at Apple Drive. The bridge carrying
Illinois Route 21 over the Des Plaines River will be removed and reconstructed. As part of this
project, the point at which U.S. Route 45/Des Plaines River Road intersects Illinois
Route211Milwaukee Avenue will be relocated approximately 350 feet to the south of its existing
location. Approximately 630 feet of U.S. Route 45/Des Plaines River Road will be relocated and
reconstructed to provide Southbound U.S. Route 45/Des Plaines River Road with 12 foot and
variable width through traffic lanes and Northbound U.S. Route 45/Des Plaines River Road with
two 12 foot and variable width left turn lanes and a 12 foot and variable width right turn lane at
Illinois Route 211Milwaukee Avenue and a 12 foot and variable width left turn lane at the
proposed access road to be located approximately 300 feet south of the U.S. Route 45/Des
Plaines River Road at Illinois Route 211Milwaukee Road intersection. The proposed access road
will be approximately 365 feet long and shall have one 12 foot through traffic lane in each
direction separated by 12' wide striped median. Approximately 275 feet of Winkleman Road
will be reconstructed and realigned with Forest Preserve Drive and be provided with one 11 foot
and variable width through traffic lane in each direction separated by thermoplastic pavement
marking. Approximately 80 feet of Forest Preserve Drive will be reconstructed to provide one 12
foot through traffic lane in each direction separated by thermoplastic pavement marking. Traffic
signal modernization complete with interconnection and Emergency Vehicle Pre-emption will be
provided at Illinois Route 21 at Apple Drive, Illinois Route 21 at U.S. Route 45 and at U.S.
Route 45 at Old Willow Road/Seminole Lane. Also to be included shall be sidewalk removal
and replacement, storm sewer work, watermain relocation and all other work necessary to
complete the improvement in accordance with the approved plans and specifications; and
-2-
WHEREAS, the VILLAGE is desirous of said improvement in that same will be of
immediate benefit to the VILLAGE residents and permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare
plans and specifications, receive bids and award the contract, furnish engineering
inspection during construction and cause the improvement to be built in accordance
with the approved plans, specifications and contract.
2. The STATE agrees to pay for all right of way, construction and engineering costs,
subject to reimbursement by the VILLAGE as hereinafter stipulated.
3. It is mutually agreed by and between the parties hereto that the estimated cost and cost
proration for this improvement is as shown on Exhibit A.
4. The VILLAGE has passed a resolution appropriating sufficient funds to pay its share
of the cost for this improvement, a copy of which is attached hereto as "Exhibit B"
and made a part hereof.
The VILLAGE further agrees that upon award of the contract for this improvement,
the VILLAGE will pay to the STATE in a lump sum from any funds allotted to the
VILLAGE, an amount equal to 80% of its obligation incurred under this
-3-
AGREEMENT, and will pay to said STATE the remainder of the obligation in a lump
sum, upon completion of the project based upon final costs.
The VILLAGE further agrees to pass a supplemental resolution to provide necessary
funds for its share of the cost of this improvement if the amount appropriated in
"Exhibit B" proves to be insufficient, to cover said cost.
5 The VILLAGE has adopted a resolution, will send a letter, or sign the Plan Approval
page which is part of this document, prior to the STATE advertising for the work to
be performed hereunder, approving the plans and specifications as prepared.
6 The VILLAGE agrees to cause its utilities installed on right of way after said right of
way was acquired by the STATE or installed within the limits of a roadway after the
said roadway's jurisdiction was assumed by the STATE, to be relocated and/or
adjusted, if required, at no expense to the STATE.
-4-
7 Upon acceptance by the STATE of the traffic signal work included herein, the financial
responsibility for the maintenance and electrical energy charges for the operation of the
traffic signal(s) shall be proportioned as follows:
Intersection
Maintenance
Elect. Energy
u.s. Route 45 @ Old
Willow Rd./
Seminole Ln.
STATE Share
VILLAGE Share
Prospect Height Share
66%
17%
17 %
0%
50%
50 %
It is mutually agreed that the actual traffic signal maintenance will be performed by the
STATE, either with its own forces or through an ongoing contractual agreement.
The STATE agrees to bill the VILLAGE for its proportionate share of the traffic 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
traffic signals that are the responsibility of the billed party. Any proposed expenditures in
excess of $5,000 for repair of damage to any single traffic signal installation must be
approved by the billed party before the expenditure is made. The STATE reserves the
right to examine the records of the VILLAGE to determine that costs billed are fully
documented.
-5-
The STATE agrees to make arrangements with the local power company to furnish the
electrical energy for the operation of the traffic signals. The VILLAGE agrees to pay
their proportionate share of this cost as billed by the local power company.
The STATE retains the right to control the sequence and timing of the traffic signals.
Payment by the STATE of any or all of its share of maintenance and energy costs is
contingent upon the ST ATE receiving adequate funds in its annual appropriation.
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.
8. The STATE's Electrical Maintenance Contractor shall maintain the "Emergency Vehicle
Pre-Emption System" equipment, located at the traffic signal modernization to be
maintained by the STATE. The STATE's Electrical Maintenance Contractor shall
invoice the VILLAGE for the maintenance costs related to the maintenance of the
"Emergency Vehicle Pre-Emption System" equipment. The VILLAGE shall maintain the
emitters and associated appurtenances at its own expense. The emitters shall be
-6-
maintained and tested by the VILLAGE in accordance with the recommendations of the
manufacturer.
9. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal
improvement passing through the traffic signals included herein which requires
modernization or reconstruction to said traffic signals then the VILLAGE agrees to be
financially responsible for its share of the traffic signals and all costs to relocate or
reconstruct the emergency vehicle pre-emption equipment in conjunction with the
STATE's proposed improvement.
10. It is mutually agreed that the STATE's Electrical Maintenance Contractor will send to the
VILLAGE an itemized invoice covering the actual cost for the maintenance of the
"Emergency Vehicle Pre-Emption System" equipment during the preceding period. Upon
receipt of said invoice, the VILLAGE agrees to pay the STATE's Electrical Maintenance
Contractor the amount of the invoice by certified check.
11. The VILLAGE agrees to ensure that minority business enterprises, as defined in 49 CFR,
Part 23, have the maximum opportunity to participate related to the maintenance of the
"Emergency Vehicle Pre-Emption System" equipment.
-7-
12. The VILLAGE agrees that in the event any work is performed by other than VILLAGE
forces, the provisions of "an act regulating wages of laborers, mechanics and other
workers employed in public works by the State, County, or any public body or any
political subdivision or by anyone under contract for public works" (Illinois Compiled
Statutes, 820 ILCS 130/1) shall apply.
13. Under penalties ofpeIjury, the VILLAGE certifies that its correct Federal Tax
Identification number is and it is doing
business as a GOVERNMENTAL ENTITY, whose mailing address is
-8-
Obligations of the STATE and the VILLAGE will cease immediately without penalty or
further payment being required if, in any fiscal year, the Illinois General Assembly or Federal
funding source fails to appropriate or otherwise make available funds for this contract.
This AGREEMENT and the covenants contained herein shall be null and void in the
event the contract covering the construction work contemplated herein is not awarded within the
three years subsequent to execution of the agreement.
This Agreement shall be binding upon and to the benefit of the parties hereto, their
successors and assigns.
Village of Mount Prospect
By fi~,4': ~dk
Title: Mayor
Date: "~,,, ~I ~
(SEAL)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
Deputy Director of Highways,
Region One Engineer
Date:
S:\WP\Projsupp\AGMTS\kw080311 IL21 mtpropsepctagn-evised.doc
-9-
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement of Illinois Route 21 known as
Milwaukee Avenue, State Section: 3268F-R-1, the VILLAGE agrees to that portion ofthe plans
and specifications relative to the VILLAGE's financial and maintenance obligations described
herein, prior to the ST ATE's advertising for the aforedescribed proposed improvement.
Date
%~^~~
'f#~?-
J jl! /1) 't!
Approved
Title
-10-
EXHIBIT A
ESTIMATE OF COST & PARTICIPATION
FEDERAL ST A TE/OTHERS VILLAGE TOTAL
Type of Work COST % COST % COST %
All roadway work
excluding
the following: $ 10,800,000 80% $ 2,700,000 20% $ N/A% $ 13,500,000
P&C Engineering
(15%) $ 1,620,000 80% $ 405,000 20% $ N/A% $ 2,025,000
TRAFFIC SIGNALS
U.S.45@Old
Willow/Seminole Drive $ N/A% $ N/A% $ 5,328 3.33% $ 5,328
P.& Engineering
(15%) $ N/A% $ N/A% $ 799 3.33% $ 799
Emergency Vehicle
Pre-Emption $ N/A% $ N/A% $ 9,000 100% $ 9,000
P. &c. Engineering $
(15%) N/A% $ N/A% $ 1,350 100% $ 1,350
OTHER WORK
All other work $ N/A% $ 813,300 100% $ $ 813,300
P. &C. Engineering
(15%) $ $ 121,995 100% $ $ 121,995
TOTAL $ 12,420,000 $ 4,040,295 $ 16,477 $ 16,476,772
'Note: The Village's participation shall be predicated on the percentages shown above for the specified work. The
lillage's cost shall be determined by multiplying the final quantities times the contract unit price plus 15% for
:onstruction and preliminary engineering.
"Exhibit B"
FUNDING RESOLUTION
WHEREAS, the Village of Mount Prospect has entered into an AGREEMENT with the
STATE OF ILLINOIS for the improvement of Illinois Route 21 , known as State Section; 3268
F-R-1; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the Village to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
sixteen thousand, four hundred and seventy seven dollars ($16,477) or so much thereof as may be
necessary, from any money now or hereinafter allotted to VILLAGE to pay its share of the cost
of this improvement as provided in the AGREEMENT; and
BE IT FURTHER RESOLVED, that upon award of the contract for this improvement,
the VILLAGE will pay to the STATE in a lump sum from any funds allotted to the VILLAGE,
an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to said
STATE the remainder of the obligation in a lump sum, upon completion of the project based on
final costs.
. .
BE IT FURTHER RESOLVED, that the VILLAGE agrees to pass a supplemental
resolution to provide any necessary funds for its share of the cost ofthis improvement if
the amount appropriated herein proves to be insufficient, to cover said cost.
STATE OF ILLINOIS )
COUNTY OF COOK )
I,/?/.,e'>..50 Av:.c:r cO//, t/:'//Ll U Clerk in and for the Village of Mount
. ~ 0
Prospec~~"?C /5 hereby certify the foregoing to be a true perfect and complete
copy of the resolution adopted by theU'//r ji;.Q-(r~t a meeting on~-o4 /-F ,
204 A.D.
IN TESTIMONY WHEREOF, I have hereunto set my hand seal this /'9 ;//0 day of
~r~A.
. 20c R- A.D.
,,/ (71 ()
~~QJ ~/P-;jX-XJ/
Village Clerk
(SEAL)
-3-