HomeMy WebLinkAboutRes 33-00 10/03/2000 WL
8~29/00
RESOLUTION NO. 33-00
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETVVEEN THE
VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION
RELATIVE TO STREET LIGHT IMPROVEMENTS ON ROUTE 83
WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that it
would be in the best interest of the Village to participate with the State of Illinois in the Surface
Transportation Program (STP) for street light improvements on Elmhurst Road (Route 83) between
Golf Road and Prospect Avenue; and
WHEREAS, it was further determined that it would be in the best interest of all concerned to enter
into an Agreement to share the cost of such street light improvement project, in the amount of
$517,000, with $155,100 to be a direct cost to the Village and Federal funding in the amount of
$361,900; and
WHEREAS, the Agreement being the subject of this Resolution specifies the portions of the cost
that will be paid by the Village of Mount Prospect and the Illinois Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized to attest
his signature on the Agreement between the Village of Mount Prospect and the Illinois Department
of Transportation, being the subject of this Resolution. A copy of said Agreement is attached
hereto and hereby made a part hereof 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: Corcoran, Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 3rd day of October, 2000.
ATTEST~/~/~ ~ . .,~ -- ~ Ge'f~l~l-L Farley, Mayor / /
Velma W Lowe, Village Clerk
Mount Prospect (V) 00-00137-00-LT
Local Agency Agreement Fund Type
for Federal Participation . STU
~(StateC°ntractIJ DayLabor I LacaiContract I RRForceAccount
This Agreement is made and entered into between the above local agency (LA) and the state of Illinois, acting by and through its
Department of Transportation, hereinafter referred to as 'STATE". The STATE and LA jointly propose to improve the designated location as
shown below. The improvement shall be constrtmted in accordance with plans approved by the STATE and the STATE's policies and
procedures approved and/or required by the United States Federal Highway Administratioh hereinafter referred to as FHWA.
Location
Local Name IL Route 83 (Elmhurst Road) Route FAP 344 Length '1.898 km
Termini Golf Road to US Route 14
Current Jurisdiction State-Upon completion of the improvement, State will retain urisdiction and Mount Prospect will
assume maintenance responsibility.
Project Description Existing Str. No. N/A
Street lighting, includes light pole foundation, aluminum light pole, unit duct, luminaire, conduit pushed, lighting controller, trench backfill for
electrical work, and collateral work thereto.
Division of Cost
Type of Work FHWA % State % LA % Total
Participating Construction 361,900 ~0.00 156,100 30.00 517,000
Non-Participating Construction
Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
TOTAL 361,900 155,100 517,000
NOTE: The above costs are approximate and subject to change. The actual costs will be used in the final division of cost for billing and
reimbursement. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain below.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
The LA on , appropriated, by separate resolution, ordinance or road improvement statement,
to pay the LA's share of the cost and will appropriate additional funds, if required to cover the LA's total
cost. LA's share of the cost to be paid with [] MFT Funds [] Other Funds.
ll~ethod of Financing (State Contract Work)
METHOD A--Lump Sum (95% of LA Obligation)
METHOD B-- Monthly Payments of
METHOD C~x-LA's Share $155.100.00 divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Constructionl [ Engineering Right-of-Way
Job Number I Project Number Job Number Project Number Job Number Project Number
C-91-215-O0 M-7003(888)
Agreement Previsions
THE LOCAL AGENCY AGREES: ·
(1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance, and Real Property Acquisition Policies
Act of '1970, and established state policies and procedures. Prior to' advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To previde for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and
private, in accordance with the current Utility Accommodation Pelicy for Local Agency Highway and Street Systems.
(3) To previde for surveys and the preparetion of plans for the proposed imprevement and engineering Supervision during
constrection of the proposed improvement.
(4) To retain jurisdiction of the completed imprevement unless speCified otherwise by addendum (addendum should be accompanied
by a location map). If the imprevement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed imprevement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federel Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Trensportation.
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents
to vedfy the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contrect; the contrect and
all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor Generel
and the department; and the LOCAL AGENCY agrees to cooperete fully with any audit conducted by the Auditor Generel and the
department; and to provide full access to all relevant materiels. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE
under the contrect for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
(8) To provide if required, for the imprevement of any reilroad-highway grede crossing and reil crossing protection within the limits of
the preposed improvement;
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA;
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this imprevement, the LA will pay to the STATE, in lump
sum, an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to
the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon
completion of the preject based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the
previsions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation
(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. upon receipt of the contractor's first and subsequent progressive bills for this
imprevement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided
by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs)
made to the contrector until the entire obligation incurred under this Agreement has been paid.
(11 ) (Day Labor or Local Contracts) To previde or cause to be previded all of the initial funding, equipment, labor, materi~l and
services necessary to construct the complete preject.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federel participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) 'In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATI~ any
Federal Funds received under the terms of this Agreement.
ILocal Agency ~
Section
Mount Prospect IV) ,
00-00137-O0-LT
Page 2
IL 494-0327 BLR 4251 (Rev. 4/2000)
(14) And certifies to the best of its knowledge and belief tls officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency:
(b) have not within a three-year padod preceding this Agreement been convictad of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a
public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and '
(d) have not within a three-year period preceding the Agreement had one or more public transac~ons (Federal, State, local)
terminated for cause or default.
(15) To include the certifications, listed in item 14 above and all other certifications required by State statutes, in eves7 contract,
including procurement of materials and leases of equipment.
(16) (STATE Contracts) That execution of this agreement constitutes the LOCAL AGENCY's concurrence in the award of the
construction contract to the responsible Iow bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY's
certification that:
(a) No Federal appropriated fonds have been paid or will be paid; by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any pereon for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(c) The LOCAL AGENCY shall require that the language of this certification be included in the award documents for all
subawards at all ties (incJuding subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and
that all subrecipients shall ce~fy and disclose accordingly.
(18) To regulate parking and traffic in accordance With the approved project report.
(19) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(20) To regulate the discharge of sanitas7 sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessas7 to assure
validity of the LA's certification of compliance with Titles II and III requirements.
(2) (STATE Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Pdces are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State fonds based on the Agreed Untl Pdces and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (LOCAL Contracts) That for agreements with Federal and/or State fonds in engineering, right-of-way, utility work and/or
construction work:
(a) To reimburse the LOCAL AGENCY for the Federal and/or State share on the basis of pedodic billings, provided said billings
contain sufficient cost information and show evidence of payment by the LOCAL AGENCY·
(b) .To provide independent assurance sampling, to fomish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
ILocal Agency Section
Mount P~'ospect (V) {~ 00-00137-00.BT
Page 3
IL 494-0327 BLR 4251 (Rev. 4/2000)
IT IS MUTUALLY AGREED:
(I) That this agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participatiOn orthe contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall
have the maximum oppodunity to participate in the pen~ormance of contracts financed ih whole or in part with Federal funds
under this Agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. *~
The STATE/LA agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of this Agreement. In this regard the STATE/LA shall take all necessary and
reasonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum
opportunity to compete for and perform portions of contracts end subcontracts financed in part with Federal funds provided under
this Agreement. The STATE/LA shall not dis(3iminate on the basis of race, color, national odgin orsex in theselection and
retention of contractor or subcontractors including procurement of materials and leases of equipment.
The LA shall inctude the provisions of this "Policy" in every contract, including procurement of materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and may result in termination of
the Agreement or such remedy as deemed appropriate.
(4) This Agreement shall be administered under the provisions of the STATE's federally approved Disadvantaged Business
Enterprise Program.
(5) In cases where the STATE is reimbursing the LOCAL AGENCY, 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 funds for the work contemplated herain.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number '1 Location Mal~
(Insert addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Geral~ Farley Department of Transportation
Title M~Yor .~ ~ By
Co ard Chairperso ¥~r/Vi e P ' t/ Di~'tor of Highways
Date
NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required.
tLocal Agency Section
Mount Prospect (V) 00-00137-00-LT I
S:\Ocn\Wp2~nntprosptjtagmL doc
Page 4
IL 494-0327 BLR 4251 (Rev. 4/2000)
STREET LIGHTINti
C - 91'215-00
R11E
~-~ ~"~', ~ PROJ ECT,~ ENDs
~ ~ __ ~ ~,,
. -~ ~ .. ~ STA. 12+373.06
~,~ ~ (ILL.RTE. 83)
Z
'INS ..
LOCATION MAP
SCALE: 1 M = 6000 M
GROSS LENGTH OF IMPROVEMENT: ~,898 KM