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HomeMy WebLinkAboutRes 24-95 06/20/1995 AF/ 6~9~95 RESOLUTION NO. 24-95 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROADWAY MAINTENANCE 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 required 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 have determined that the best interests of the Village would be served by entering 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 $54,467. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND 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 Mayor 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 for the period July 1, 1995 through June 30, 1996, a copy of said Agreement is attached hereto and hereby made a part thereof as Exhibit "A". SECTION TVVO: 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, Hoefert, Skowron NAYS: None ABSENT: Hendricks, Wi]ks, Farley PASSED and APPROVED this 20th day of June ,1995. ATTEST: Carol A. Fields Village Clerk llinois Dep , r ment of Transportation November 22, 1995 Mr. Glen Andler Director of Public Works Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Dear Mr. Andler: you will find attached a copy of the executed Municipal Maintenance Agreement for Fiscal Year 1996 covering the period July I, 1995, through June 30, 2005. Please retain this copy for your files. If you have any questions or need additional information, please contact me at (708) 705-4163. Very truly yours, Duane P. Carlson, P.E. District Engineer Robert J. Holub Maintenance Support Manager s:\wp\support\pgexcagr.do¢ ~ Illinois I.,, partment Agreeme..or Maintenance of'Transportation of Municipal Streets THIS AGREEMENT, made and entered by and between the S~ate of Illinois, acting by and through its Department of Transportation. hereinafter referred to as the "Department" and Village of Mt. Prospect a na~nicipai corporation organized and existing under and by virtue of the laws of the State of Illinois, hereinafter refen~d to as the "Corporation." WITNESSETH, that for and in consideration of the covenar~s hereinafter mentioned, the Corporation agrees to operate and maintain in a manner satisfactoP/to the Department, portions of certain streets bein~ used as extensions or paAs of State highways lying within the boundaries of the Corporation beginning July 1, 1995. This agreement may be extended by the Department in 12.month increments until June 30, 2005 unless terminated. Such extension shall be accomplished by a letter from the Department to the Corporatine. The Corporation agrees to operate and maintain the streets co~ered by this agreement in the best interests of the people of the State of Illinois. The portions of straets to be maintained ara described on the Con~?~'~ti,3n Sheet attached hereto and made a pa~t hereof. The obligations of the Department under this agreement are cubject to termination and cencellafion in any year fu~whlch the General Assembly of the State of Illinois fails to make an adequate apprupdation or rea~xopdafion to pay such obligations. The Department reserves the right to amend this agreement at the time of extension by the addition or deduction of lane miles of streets to be maintained. Such addendum must be approved and signed b/Ix)th pertJas. The Corporation agrees that it will not terminate this agreernant nor rafuee to enter into subsequent agreements v~hout giving the Department written notice at least 90 days prior to such termination. If the Corp~'albfl gives the Department written notice of intent to eater into no future agreement, the currant agreement will remain in force for 90 days from the ~ of such notice. The Department may, at its disc. mlfan, release the corporation from the agreement before the expiration of the 90 days required b/the above stipulation. It is further understood and agreed that the Department. at its diseretfan, has the right to terminate this agreement by giving written notice to the Corporation at least 90 days prior to such termination. To eeerate and maintain includes but is not limited to all rou~e surface and pothole repairs, temporary full-depth patches, expansion bump removal on bituminous surfaces, c~ac~ and joint sealing, c~eaning and ~ pickup, snow end ice control and all other routine operational services. Median maintenance, when applicable, shall consist of sweeping, litter I:~c~up, mowing and routine surface repairs. The Corporation agrees to permit no cuts or openings in the cud~ or pavements of the streets covered by this agreement without the written approval of the Department. Pavement cuts. curb openings, utility frame~ and municipal frames and grates or covers disturbed by settlement, construction or repair under permit are to be restored, repaired, adjusted and ~ by the utility owner or permit holder to the satisfaction of the Department at no expense to the State. The Corporation agrees that, except in extreme emergencis~ it wilt net undertake or authorize repairs not covered by this agreement, at the expense of the State, without securing the approval of the DepartmenL In consideration of the satisfactory maintenance and operatioa of streets covered by this agreement, the Department will pay the Corporation $54,467.00 for the first twelve month period covered by the agreement, payable as described below. The rate of compensation will be adjusted annually at the time of renewal to reflect changes in miles maintained and cos~s. The cost adjustment factor used to determine the rates of compensation will be the percent change of the Construction Ceca Index published in the Engineering News Record for the preceding calendar year On or about March 31, June 30, September 30 and December 31 of each year, subject to an inspection by the Department, the Department will authorize the Corporation to invoice the Department in an amount equal to approximately one-fourth of the total annual allowance stated above. CORPORATION CERTIFICATIONS RETENTION OF RECORDS The COrporation shall maintain, for a minimum of 5 years a~ter the completion of the agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the agreement; the agreement and ali books, records and supporting documents related to the agreement shall be available for review and audit by the Auditor General and/or the Department; and the Corppration agrees'to c'o(~pei'a fa fully w~h any audit conducted by the Auditor General and/er the Department and to provide full access to all relevant materials. Failure to maintain the req~red books, records and supporting documents shall establish a presumption in favor of the State for the recovery of any funds paid by the State unde~ the agreement for which adequate books, recurds and supporting documentation are not available to support their purported disbursement MAI 416 (Rev. 9/94) 9000M DRUG FREE WORKPLAf~ The Corporation ~,~flee that it will not engage In the unlawful manufacture, distribution, dispensation, po~sesslon,or use o~ a controlled substance i~ the perfon~ance of the agmercan[ if the Corporation employs 25 or moro people and the agreement is for $5,000 or mom, the following requirements apply: The Corporation certifies and agrees that it will provide a drug frae workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful rnanufactum, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Corporotian% ~rkpla ce. (2) Specking the actions that will be taken against employees for violations of such prohib~an. (3) Notifying the employee that. as a condition of employment for this agreement, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any chminal drug statute conviction for a violation occurring in the workplace no later than f'[ve (5) days after such conviction, (b) Establishing a drug ~ awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Corperotion's policy of maintaining a drug f~ee workplace; (3) any available drug counseling, rehabilitation and employee assistance programs: and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the agreement and to post the statement in a prominent place in the worfq3taca. (d) Notifying the Corporation within ten (10) days after receiving nedce under part (B) of porogroph (3) Of subsection (a) above from an ~ empioyee or otherwise receiving actual notice of such conviction. (e) imposing a sanction, or redui~ing the satisfactory pedicipation in a drug abuse assistance or rehabilitation, program by, any employee who ~s so convicted, as required by section 5 of the Drug Frae Workplace Act. (f) Assisting employees in selecting a coume of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in Olace. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. AUTHORIZED SIGNATURES IN WITNESS WHERE OF the parties hereto have caused this agreement to be exec=ted by their duly authorized officials. City (or Village ) of State of Illinois .. Department of Tronsportation V~llaqe of Mount Pp~o~pect By Directo~ya~s City(/'Village~ Town Clark Date Carol A. Fie'ids, V±'r'lage Clerk (Municipal Seal)