HomeMy WebLinkAboutRes 29-93 06/15/1993 AF/
6/8/93
RESOLUTION NO. 29-93
A RESOLUTION AUTHORIZING EXECUTION OFANAGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT~LND THE ILLINOIS
DEPARTMENT OF TPJLNSPORTATION FOR ROADWAY F~kINTENANCE
WHEREAS, the corporate authorities of the Village of Mount Prospect
have accepted maintenance responsibilities for specified State
roadways within the corporate boundaries of the Village; and
WHEREAS, pursuant to the requirements of the Illinois Department of
Transportation, an Agreement is authorized on an annual basis,
which Agreement specifies the responsibilities assumed by the
Village of Mount Prospect, a copy of said Agreement is attached
hereto and hereby made a part hereof as Exhibit "A"; and
WHEREAS, the corporate authorities of the Village of Mount
Prospect ave determined that the best interest of the Village to
enter into an Agreement with the Illinois Department of
Transportation for roadway maintenance with the Village to be
reimbursed by the State for said roadway maintenance in the amount
of $50,075.
NOW, THEREFORE, BE IT ORDAINED BY THE M3kYORAND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Board of Trustees of the Village of Mount
Prospect do hereby authorize and direct the Village President to
execute and the Village Clerk to attest his signature on the
Agreement between the Illinois Department of Transportation and the
Village of Mount Prospect for roadway maintenance, a copy of which
is attached hereto and hereby made a part thereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron
NAYS: None
ABSENT: Wi 1 ks
PASSED and APPROVED this 15th day of J~Ane , 1993.
ATTEST: Mayo~er~rd L. Farley' ~ ~
'~arol A. Fielas
Village Clerk
Illinois Department of Transportation
Division of Highways/District 1
201 West Center Court/Schaumburg, Illinois/60196-1096
August 2 1993 r~r
· I ~u,JL_.___~
Mr. Herbert Weeks, Director AUG 5
Village of Mt. Prospect
100 South Emerson Street
Mt. Prospect, IL 60056
Dear Mr. Weeks:
You will find attached a copy of the executed Municipal
Maintenance Agreement for Fiscal Year 1994 covering the
period July 1, 1993, through June 30, 1994. Please retain
this copy for your files.
If you should have any questions in regard to this
agreement, please contact Mr. Robert J. Holub at (708)
705-4163.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
Maintenance Support Manager
RJH/pg
Attachment
. ]iJ ois Department'* Agreement f?- fntenence
· , Of TranspOrtation of Municipal eets '
AGREEMENT PROVISIONS
THIS AGREEMENT, made and entered into this 15th day of .]l~n~ , 19 93 , by
and between the State of Illinois, acting by and through its Department of
Transportation, .hereinafter referred to as the "Department" and the Village of Mt.
Prospect, a municipal corporation organized and existing under and by virtue of the laws
of the State of Illinois, hereinafter referred to as the "Corporation.'
WITNESSETH, .that for and in consideration of the covenants hereinafter mentioned,
the Corporation agrees to operate and maintain for the period beginning July 1, 1993,
and ending JUne 30, 1994, in a manner satisfactory to the Department, portions of
certain streets being used as extensions or parts of State highways lying within the
boundaries of the Corporation.
It is understood and agreed that this agreement may, at the discretion of the
Department, be extended for twelve months under the same ter~s, conditions and amounts
stipulated herein, subject to an adequate appropriation' being enacted by the General
Assembly, unless the Corporation gives written notice to the Department of termination.
Such extension shall be accomplished by a letter from the Department to the Corporation.
The Department reserves the right to amend this agreement at the time of extension
by adjusting .the inflation factor used to determine the rates of compensation by
application of the percent change of the Construction Cost Index published in the
Engineering News Record for the preceding calendar year. It is further understood that
the terms of this agreement may be adjusted by addendu~ during the agreement's tenure to
compensate for the addition or deduction of lane miles of streets to be maintained.
Such addendum shall be approved and signed by both parties.
Operation and maintenance includes but is not limited to all routine surface and
pothole repairs, temporary full-depth patches, expansion bump removal on bituminous
surfaces, crack and joint sealing, cleaning and litter pickup, snow and ice control and
all other routine operational services. Median maintenance, when applicable, shall
consist of sweeping, litter pickup, mowing, and routine surface repairs.
The Corporation agrees to operate and maintain the streets covered by this agreement
in the best interests of the people of the State of Illinois. The portions of streets
to be maintained are described on the Co~,,t~utation Sheet attached hereto and made a part
hereof.
The Corporation agrees to permit no cuts or openings in the curbs or pavements of
the streets covered by this agreement without the written approval of the Department.
Pavement cuts, curb openings, utility frames and municipal frames and grates or covers
disturbed by settlement, construction or repair under permit are to be restored,
repaired, adjusted and maintained by the utility owner or permit holder to the
satisfaction of the Depar=ment at no expense to the State.
5he Corporation agrees that, except in extreme emergencies, it will not undertake or
authorize repairs not covered by this agreement, at the expense of the State, without
securing the approval of the Department.
The Dep~'"~%?t in contracting with ~he Corporation for the m~nance and operatio~
of 't~he ef~e !streets, has curtailed procQ~ement of tools, e .~nt a~d per-~onnel.
· ~ Reversion to ...dintenance by State forces could entail time-con~ing reallocation of
resources. The Corporation therefore agrees that it will not terminate this agreement
nqr refuse to enter into subsequent agreements without giving the Department written
notice at least 90 days prior to such termination. If the Corporation gives the
Department written notice of intent to enter into no future agreements, the current
agreement will remain in force for 90 days from the receipt of such notice or until the
termination date of the c~rrent agreement, whichever date is the later. The Department
may, at its discretion, release the Corporation from the agreement before the expiration
of the 90 days required by the above stipulation.
In consideration of the satisfactory maintenance and operation of streets covered by
this agreement, the Department will pay the Corporation a total sum of Fifty ~nousand
Seventy-five dollars ($50,075.00) for the twelve month period covered by the agreement,
payable as described below.
On or about March 31, J~ne 30, September 30, and December 31, of each year, subject
to an inspection by the Department, the Department will authorized the Corporation to
invoice the Department in an amount equal to approximately one-fourth of the total
annual allowance stated above.
It is further understood and agreed that the Department, when in its Judgment it is
expedient to do so, and at its discretion, shall have the right to ter~inate this
agreement by giving written notice to the Corporation not less than thirty (30) days in
advance of the date of such termination.
CORPORATION CERTIFICATIONS
BRIBERY
The Corporation certifies that it has not been convicted of bribery or attesting to
bribe an officer or employee of the State of Illinois, nor has the Corporation made an
admission of guilt of such conduct which is a matter of record, nor has an official,
agent or employee of the Corporation been so convicted nor made such admission of
bribery on behalf of the Corporation and pursuant to the direction or authorization of a
responsible official of the Corporation.
CAPACITY TO CONTRACT
Tnt Corporation certifies that, as in accordance with Paragraph 132.11.1 of the Illinois
Purchasing Ac~, no person who is entitled to receive .individually more than 7-1/2
percent of the total distributable income of the Corporation or, together with his or
her spouse or minor child, more than 15 percent in the aggregate of the total
distributable income of the Corporation, is (a) an elected state official, a member of
the general assembly, an appointed officer, a state employee; (b) an officer or employee
of ~he Illinois Building Authority or the I~linois State Toll Highway Authority; or (c)
a spouse or mino~ child of any such .enumerated person.
FEDERAL TAXPAYER IDENTIFICATION NUMBER
Under penalties of perjury, the undersigned certifies that ~t~_~ O0 ~011
is its correct Federal Taxpayer Identification N~mber. The undersigned is doing business
as a Governmental Entity.
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· . ~he C6r~__~tion Shall maintain, for a minimum of 5 years afte~ the ~mpletion of ~he
'' agre~ent, ade~ate ~oks, re~rds and sup~rting d~ents to verify the ~un~s,
recipients a~ uses of all disburs~nts of f~ds ~ssing ~ ~njunction with ~e
agreement; the agreement and all ~oks, re~rds and sup~rting d~nts related ~o the
agreement shall ~ avail~le for review and audit by ~e Auditor ~neral; and the
Cor~ration agrees to coo~rate fully with any audi~ ~nduct~ by the Auditor ~neral
and to provide full ac~ss to all relev~t ~terials. Failure to ~intain the r~ired
~ks, r~ords and sup~rting d~en~ s~ll establish a preemption in favor of the
S~te for ~he recovery of ~y funds, paid by the State under the agree~nt for which
ade~ate ~oks, records and sup~rting d~entation are not available ~o sup~rt their
~r~rt~ disbursement.
DRUG ~E ~
~e Cor~ration ~rtifies ~at it will not engage in the unla~ul ~nufacture,
distribution, dis~nsation., ~ssession or use of a ~ntroll~ ~s~nce in the
~rfo~ce of the agreement.
If the ~r~ration e~loys 25 or ~re ~ople ~d the ag~eem~t is for $5,000 or ~re,
the following r~ir~nts apply.
~e ~ration cert~ies ~d agre~ that it will provide a drug free workpla~ by:
(a) ~btishing a sta~nt:
(1) ~t~ying e~loyees ~at the unla~ul ~ufacture, distri~tion,
dis~nsing, ~s~ssion or use of a ~n~roll~ ~bs~nce, in~uding
~abis, is prohibited ~ ~e ~r~ration's ~rk~la~.
(2) S~cifying hhe actions that will ~ ~ken against ~loyees for
violatio~ of such prohibition.
(3) Notifying the ~loyee that, as a ~ndition of ~plo~nt for this
agreement, the ~loyee ~11:
(A) abide by the te~ of the stat~ent; and
(B) notify ~e e~loyer of any criminal drug statute ~nviction for
a ~olation ~rr~g in ~he ~rkpla~ ~ later ~han fi~ (5)
days after ~ch ~n~ction.
(b) ~t~lishing a d~g free awar~ss progr~ to info~ employees ~ut:
(1) the dangers of d~g ~se in the ~rkplace;
(2) the ~r~ration's ~li~ of maintaining a d~g free ~rkplace;
(3) any avail~le drug ~seling, rehabilitation, and e~loy~
assistance progr~; and
(4) ~he ~nalties ~at ~y ~ ~sed u~n ~ e~loyee for drug
violations.
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en
gaged in the performance of the agreemen~ i to post 'the
sta%~,,ent in a prominent place in the workplace.
(di' Notifying the Corporation within ten (10) days after receiving notice
under part (B) of paragraph (3) of subsection (a) above from an employee
or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction, or requiring the satisfactory participation in a dr~g
abuse assistance or rehabilitation program by, any employee who is so
convicted, as required by section 5 of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug
counseling, treatment, and rehabilitation is required and indicating that
a trained referral team is in place..
(g) Making a good faith effort to continue to maintain a drug free workplace,
through implementation of the Drug Free Workplace Act.
IN WITNESS WHERE OF the parties hereto have caused this'agreement to be
executed by their duly authorized officials.
~4t-y-{Or Village) of State of Illinois
~3 ~ Department of Transportation
", , O o 'v".,,,? '7'"
~ Mayor/or Presiden~ / of Highways
At tost:
~'- '-""' eib- ' 11 ' 'F ' -
· '.%~-(or Vi age) Clerk
(Municipal Seal)
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