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1995-01-16 - Resolution 1995-03 - APPROVING AN AGREEMENT WITH THE STATE OF ILLINOIS CONCERNING THE ACQUISITION AND INSTALLATION OF BIKE RACKS THROUGHOUT THE AREAha1. Reid.Rubln, Briaman, Moons RESOLUTION NO. 95- 3 A RESOLUTION APPROVING AN AGREEMENT WTH THE STATE OF ILLINOIS CONCERNING THE ACQUISITION AND INSTALLATION OF BIKE RACKS THROUGHOUT THE AREA. WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuantto the lllinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove is committed to further enhancing the facilities for alternative transportation modes; WHEREAS, the Congestion Mitigation and Air Quality (CMAQ) funds which are being used for the acquisition and installation of Bike Rack throughout the Northeastern lllinois area provide an maximum of 800/o of the cost of the Bike Rack Program, requiring a 20% match by the participating agencies; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: Section 1 . The agreement between the Village of Buffalo Grove and the State of lllinois concerning the CMAQ Bike Rack Program is hereby approved. Section 2. The Mllage President and Village Clerk are authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made part of hereof. Section 3. The Village of Buffalo hereby appropriates monies in the amount of $ 16,014.00 to be used as the local share payment for the participating agencies in the Northwest Municipal Conference area. AYES: NAYES: ABSENT: PASSED: APPROVED 0 - None 1- Hendricks January 16 , 1995 ,1995Januarv 16 APPROVED vill age Clerk Village P ent WHEREAS, the Mllage of Buffalo Grove has volunteered to act as Lead Agency for the Northwest Municipal Conference area; and ATTEST: NOTE: Pages 7-9 and 11-17 are signature pages for all of the other participating agencies in the NWMC area and have been omitted. John Dempsey AGREEMENT THIS AGREO,TENT is entered lnto this day of between the STATE 0F ILLIIOIS, actlng by and through TRAN9oRTATIoN, hereinafter called tle STAIE, and tJ Area Transportation Sfudy Councils of Mayors, ln th€ hereinafter called tle L0CAL AGENCIES. l{IINESSETH &tl, p bL. ^aA {" ted Ef too. cre .!6 E$5"tt a"N t :: for $ncd i 1 gerbl"'e sbls E$ (""-i*ts). or\ g J*" \,,c j olo oc-c 0)F a)L.Jf a- Eo D .9 o.a-(r- WHEREAS, the partles hereto, ln the lnterest of prunoting the use of non<notorized vehicles to Lnpmre air guarity, are desirous of purchaslng and lnstalling bicycle racks ard rockers at various locatlons throJghoJt District ore of the STATE; and l{HBEAs, the village of Frankfort has agreed to act as the LEAD LocAL AGENCY, said improvement shall be identifled as Frar*folt Sectlon 94-00020-00+T, Federal Project No. CMM-7OOr(I67) anO STATE Job No. C-9L-)O7-94; aM WHEREAS, tie parties heleto are desirous of said PRO.ICT in that same will be of imrnediate beneflt to the residents oF ttre area and permanent In nature; ard IiHBEAS, the parties hereto wish to avail themelves of certaln Federal funds appmpriated from the congestion Mitigation ard Air e.raltty Inprovement (CMAQ) Program for this funprovement. NOl{, THEREFORE, in consideration of tfre mutual co\enants contalned herein the parties hereto agree as follows: -r- Frarkfort \\-7 Section 94-00020-0047 Dlstrict wide Bicycle Racks 9968L/t-Lg 1. Frarkfort (Lead) 2. Blocmingdale ,. Evanston 4. &:ffalo Grove 5. Oak Park 6. Brookfield 7. 0rland Park 8. Kane County 9. Lake County 10 I'lcHenry County II. East Hazelcrest 94-00020-00-87 94-000r0-00€T 94-0020r-00-87 94-0@69-00-87 94-O02I8-00-87 94-00108-00-87 94-0mr8-00+T 94-00212-00-87 94-00000-00-BT 94-00199-00€T 94-00016-00-87 I LOCAL AGENCIES: Each courrcil of I'layors shall be represented by ore L@AL AGEtEy which sharl be birled for the costs associated with the improvement for all participating munlclparities within that counclL and related to each council . These LoCAL AGENCTES ancl their respectlve sectlon rumbers are identified as follows: LOCAL AGEMY COUNCIL SECTION NI,I''(BER II. IHE LOCAL AGE}'IC]ES AGREE: (1) To provide for all utillty adjustments, and to regurate the use of the right-of-way of thls improvement by utilities, public and private, in accordarrce with the current Utlrity Accunmodatlon policy For Local AgerEy Hlghway ard Street Systerm. (2) To ccrnpry vith all applicable Executlw 0rders and Federal Higl-rways Acts pursuant to the Eqral Employment Opportunity ard Non-discrimination Regulations required by the U.S. Departrnent of Transportatlon. -2- WilI County D:Page County llorth Shore Northwest llcrth Central Central So.r thvest Kare County Lake County McHenry Ccunty Sql th $burban Frankfort Sectlon 94-00020-00€T District l{ide Blcycle Racks (') That the LEAD LocAL AGEr*cy sharl maintain, for a minirnum of 5 yearsafter the conpletion of the contract, adeqJate books, records, and supporting documents to lerify the amounts, recipients, and uses ofall dish.*sements of funds passlrE in conjurction wlth the contract; the contract and'all books, records, and supporting documents reratedto the clntract shalr be avaflable Por review ard audr,t by $e Aucrltor General; and the LEAD LOCAL AGENCY agrees to cooperate fully with anyaudit conducted by tfre Auditor General and Lo provide fu]l access toall relevant materials. Failure to maintain the books, records, and supportlng docunents required by this section shall estabtish a presunption in favor of the srATE for the reco\L6ry oF any funds paid by the sIATE under the contract for which adeqJate books, reclrds, and supportlng docunrentation are mt avalrabre to support their purported dlsbursement. (4) the failure of the LoGAL AGENCTES to cqnply with Federar requirements may result ln the loss (partlal or total) of Federal participatlon within that council as determlned by the FH|{A.(5) To pay to the STAIE ffelr respec tlve Financial contrihrtions as Follows : Ihe LOCAL AGENCIES, upon receipt of the Contractorrs first and subseq:ent progressile bills, to pay an amount eq.ral to the ir share of the constluction cost, ctlvided by the- estlmated total cost, rnrr.tiprled by the afual pmgless payment (appmprlately adjusted for nonpartlcipatlng costs), untll thelr entire obligation has been paid. To pay to the LEAD LocAL AGENCY *eir pro-rata share of the rocal match portl0n of construction englneering and adninlstratlon Fees onthe basis of periodic billlngs, provided each bill ircludes evidenceof payment. (6) That execrtlon of this agreement constitutes the LOCAL AGENCIES concurrence In the award of the constnrctlon contract to ffe responsible loy bidder as determined by the SIATE.(7) To exercise ffeir rights reser\€d under franchise granted to privateutirities to cause private utlrlties to be relocated at rD expense tothe STATE. -r- (8) upon conpletion of the improvement and final lnspection by the srATE the LOCAL AGENCTES sharr malntain or cause to be maintained, in a manner satisfactory to STATE and FHIIA, their respective portions of the improvement in accordance with estabrished jurisdictionar authority. (9) To the best of their knowledge and belief tieir officials: (a) are mt presently debarred, suspended, proposed for debarment, declared ineligible, or voluntar y excluded frcrn covered transactions by any Federal department or agerEy; (b) have mt within a three-year period preceding this AGREEMENT been convicted of or had a civil judgement rerdered against them for ccrnmission of fraud or a criminal offense in connection wlth obtaining, attemptlng to obtain or performing a public (Federal, State, or locaL) transaction or contract under a public transaction; violatlon of Federal or State antitNst statutes or comission of embezzlement, theft, forgery, bribery, falslficatlon or destruction of records, making false statements, or recelving stolen property; (c) are mt presently indicted for or otherwise criminally or civilly charged by a goverrmental entity (Federa1, State, local ) with cqnmission of any of the offenses enumerated in item (2) of this certiflcation; (d) have not within a three-year period preceding this AGREEMENT had one or more publlc transactions (Federal ,. State, Iocal) terminated for cause or defaul t; III. THE STATE AGREES: -4- \-, Frankfort Section 94-00020-00-8T Dlstrict Wide BlcycLe Racks (l) To provide independent assurance sampling, to fumish off_site materiar inspectlon and testing, at sorrces normalry visited by state inspectors of steel, cement, aggregates, structural steel and other materials customarily tested by the State. (2) To reimburse the LEAO LocAL AcENcy for the FHWA share of construction engireering on the basis of periodic bitllngs, provlded each bill includes evidence of payment. \/ Frankfort Sectlon 94-00020-00€T District Wide Bicycle Racks il. IT IS MUTUALLY AGREED: (r) that thls agreement shall be rulr and void in the event that the FHy{A does not appmve the pmposed impmvement for Federal_Aid Partlcipation and ln the e\Ent the contract covering the construction work contemplated herein is mt awarded within three years of the date of execution of this agreement. (2) It is the policy of the U.S. Department of TransportaLion that mirnrity business enterprises, as defined in 49 CFR part 2r, sha.l.t have the maxim.rm opportunity to particlpate in the performance of contracts financed in whole or in part ulth Federal funds under this agreement. ConseqJently, ttre tjBE requiranents of 49 CFR part 25 apply to thls agr€ement. rhe srAIE and LOCAL AGEi€IES agree to ensure that minorlty business enterprlses, as defined ln 49 CFR patt 2V, have the maximum opportunity to particlpate ln the performarce of this agreernent. In thls regard ths srAlE ard LoCAL AcENcIEs strall take arr recessary and resonable steps, ln accordarEe rith 49 CFR part 2!, to ensure that minorlty business enterprises have the maximun opportuni.ty to conpete for and perfonn portlons of contracts ard subcontlacts rinarred in whole or in part vith Federar funds provided under thls agreement. the srATE and LOOAL AGEr'crES shalr rpt dlscrirnlnate on the basis of race, ctlor, natlonar orlgin, or sex in the selectlon and retention of contractor or subcontractor, Incltrdlng prooJrernent of materials and leases of equignent. rhe srATE and LOCAL AGETEIES shalr include the provlsions of this nPolicyr in every contract, lrcludlng prccurernent of materlals ard leases of eqritrnent. Fa ure to carry out the requlrements set forth above sharr c,onstitute a breach of this agreement and may result ln termlnation of the agreement or suctr remedy as deenred approprlate. Ihis Agreement shall be adninistered urrJe! the pmvisions of tle srATE ' s federally apploved Disadvantaged Business Enterprise program. \r/ Frankfort Sectlon 94-00020-00-AT District l{ide Bicycle Racts ITEM Bicycle Rack Type A5 Bicycle Rack Type g Bicycle Rack Type C (Storage) BlcycLe Locker Concrete Footlng Concrete Pad Trafflc Control & Protectlon 220 Construction Lngrneer].ng Nonfartipatlng Construc tion TOTALS ftrwA LOCAL AGENCIES X TOTAL $I8r,950 (80) $45,990 (20) 5229,950. 48,400 (80) 12,100 (2o) 60 500. (r) Ihe Division of Cost of the proposed improvernent ls estimated as lollows: QUANTITY 657 L75 54 ,76 50,051sqft. t 88,992 (80 ,,008 (eo , 49,000 (80) I2,25O (20) 6L l5o. 150,15' 4r000 (80) (80) 22,248 752 v r5t8 f,000 (2o) (20) (2o) ) ) LLI,24O. ,.760- L87 ,69L. 5,000.(n) 48,000 (80) .t 2, o0o (20) 60 000. (0)(1oo) $575,5Lr.$141,878.$719,191. (See Addendum for qJantities in each local agercy) (4) This agreement and covenants contained herein shall be binding tpon and irure to the beneflt of the parties hereto, $reir successors and assigns. -6- % \:./ Frar*fort Section 94-00020-00-AT Dlstrlct wide Blcycle Racks IN WITNESS WHEREoF, the parties ha \re caused this Agreement to be executed in quintupllcate counterparts, each of which shall be considered as an original, by their duJ,y authorized offlcers as of the dates below indicated. Executed by tl're VILLAGE, th _VILLAGE OF FRANKFORT day of , I99 ATTEST: 8y: VILLAGE CLMK MAYOR -7- Frarkfort Section 94-00020-00-8T District l{ide Bicycle Racks IN I{ITNESS llHffiECF, the parties hale caused this Agreement to be exeorted ln quintuplicate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates beLow indlcated. Executed by the VILLAGE, the VILLAGE F BLOOMIIGDALE day of , I99 ATTEST: 8y: VILLAGE CLERK MAYOR -8- \-'- Frar*fort Sectlon 94-00020-00-AT Distrlct Wide Bicycle Racks IN I{ITNESS WHERECF, the partles have caused this Agreement to be executed in quintupllcate counterparts, each of which shal1 be considered as an original, by their duly authorized oflicers as of the dates below indicated. Executed by the CITY, tle CITY OF EVANSTON day of , 199 ATTEST: By: CITY CLERK MAYOR -9- .\/ Frankfort Section 94-00020-00€T Dlstrlct Wlde Blcycle Racks rN wrTNESs WHERECF, the partles haw caused this Agreement to be executed Ln quintuplicate counterparts, each of which shall be considered as an ollginaI, by their duly authorlzed oflicers as of the dates. berow indicated. Executed by the VILLAE, LIE lL VILLAGE OF BTJFFALO GROVE day of Les{ ATTEST: g.r-!,r.*By VII.LAGE CLEti4 MAYOR -10- Frar*fort Section 94-00020-00€T Dlstrlct l{ide Blcycle Racks IN WITNESS |iHEREG, the partles ha\e caused thls Agreement to be executed ln quintupllcate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates below indlcated. Execr:ted by the VILLAGE, th .-VILLAGE F OAK PARK day of ,199 AilEST: VILLAGE CLERK MAYM -II- \J Frarkfort Sectlon 94-00020-00-ST Dlstrlct V{lde Blcycle Racks IN WIINESS WHERECF, the partles haw caused this Agr€ement to be executed ln qulntuplicate counterparts, each of rhich shall be considered as an orlginal, by thelr duly authorlzed officers as of the dates below lndlcated. Executed by tle VILLAGE, tle VILLAGE OF BROOKFIE-D day of , I99 ATTEST: VILLAGE CLMX MAYOR -t2- \/ Frar*(fort Sectlon 94-00020-00-8T Distrlct Wide Bicycle Racks IN IIITNESS llHmEf , the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates below indicated. Executed by the VILLAGE, the VILLAGE G ORLAND PARK day of , L99 ATTEST: By: VILLAGE CLERK MAYOR -Lr- \/ Frar*fort Section 94-00020-00-8T Distrlct Wide Bicycle Racks IN WIINESS llHmECF, the parties have caused thls Agreement to be executed in quintupLicate counterparts, each of which shall be considered as an original, by their duly authorized officers as of the dates below lndicated. Executed by the C0UNTY, tle COUNTY ffi KAI'IE day of t99 ATTEST: By COUNTY CLERK CIIAIR},IAT.I -14- \./ Frarkfort Section 94-00020-00-8T Dlstrict ltlde Bicycle Racks IN I{ITNESS },{HEREF, the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be c-onsidered as an original, by their duly authorized officers as of the dates below indicated. Executed by the CoUNTY, tlt COUNTY OF LAKE day of , I99 ATIEST: By COUNTY CLERK CHAIRMAN -15- \_/ Frarkfort Section 94-0002O-00-BT District Wide Bicycle Racks IN I{IINESS V{HEREtr, the parties hale caused this Agreement to be executed in quintuplicate counterparts, each of which shalt be consldered as an original, by their duly authorized officers as of the dates below indlcated. Executed by the CoUNTY, tl-e COUNTY OF MCHENRY day of , 199 ATTEST: By: COUNTY CLERK CIIAIR}'IAN -I5- Frankfort Section 94-00020-00-8T Dlstrict Wide Bicycle Racks IN WITNESS IIHERECF, the parties have caused thls Agreernent to be executed in quintuplicate counterparts, each of which shall be mnsidered as an original, by their duly authorized oflicers as of the dates below indicated. Executed by the VILLAGE, tle VILLAGE G EAST HAZELCREST day of , L99 ATTEST: By: VILLAGE CLERK -I7- MAYOR \7 Frarkfort Section 94-00020-00-87 Dlstrlct Wide Blcycle Racks rN l{rTNEss l{HmE(F, the parties have caused this Agreement to be executed ln quintupricate counterparts, each of which sharl be considered as an original, by their duly authorized officers as of tfre dates berow Lndlcated. APPROVED BY STAIE OF ILLINOIS OCPNNNTNT OF TRANSPORTATION BY: DIRECTOR OF HIGHWAYS DATE -18- RACKS AND LOCKERS TYPE A5 TYPE B TYPE C ADOENOtt',t NtfiBER Or.E TO IHE JOINT ACREE,IENT FRANKFORT SECTION 94-OOO2O-OO-BT FEDERAL PROECT CI"OI-7OO'(167 ) STATE &B NU,|BER C_91_rO7_94 CONCRETE COICRETE LOCAL AGENCY I. Frankfort 2. Blooningdale ,. Evanston 4. Brffalo Grv. 5. Oak Park 6. Brookfield 7. 0rland Park 8. Kane County 9. Lake County I0. McHenry County 11. E. Hazel Crest TOTALS LOCKERS FOOTII.GS PAD (s0.FT. ) ,4 70 124 106 24 6 28 L2' 4I 24 77 0 108 0 44 0 5 0 0 I 0 l0 L75 ,o 4 62 16 2 0 I08 4 60 26 44 1 ,955 L2,992 Srlro 5r,5o 1,900 L75 I,I05 I0,0f4 ' ',o5 lr72O 3,395 50,051 23 45 0 9 0 56 6I Lr 28 0 0 0 0 0 I 5 l0 54 9 657 6 220 ,6 -19- 0 APPLICAB.E PERCE.{TAGE CF COST FOR LOCAL SHARE OF IRAFFIC CONTROL AND CONSTRUCTION ENGIIEERING LOCAL AGENCY 1. Frankfort 2. Elooningdale ,. Evanston 4. Buf falo Gm\e 5. oak Park 6. Brookfield 7. Orland Park 8. Kane County 9. Lake County I0. McHenry County II. E. Hazel Crest TOTALS ,.r2 26.72 13.26 u.tl 2.75 o.69 4.6tt 15.21 8.86 2.n 10.05 100.00 -20- PERCENTAGE