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1984-07-02 - Resolution 1984-46 - ACCEPTING THE "AGREEMENT FOR FEDERAL PROJECT IX-M-6003(243)" CONCERNING THE PHASED IMPROVEMENT OF BG RD FROM LAKE-COOK TO IL. RT. 83RESOLUTION NO. 84- 46 A RESOLUTION ACCEPTING THE ''AGREEMENT FOR FEDERAL PROJECT IX-},I-6003 ( 243) '' CONCERNING THE PITASED IMPROVD,TENT OF BUFFA1O GROVE ROAD FROM LAKE-COOK ROAD TO IL. RT.83 WHEREAS, the Presldent and Board of Trustees of the Village of Buffalo Grove desire to cauae the phased lmprovement of the lntersectl-on of Buffalo Grove Road and Il.Rt.83; and, I.II{EREAS, the approval of a jolnt agreement wlth the ll1lnol6 Department of Transportation and the County of Lake ls necessary ln order to proceed vlth the project; and, IiHEREAS, the Illlnols Department of Transportatlon has lnformed the Vlllage that the agreement whlch was prevlously supplled to the Vlllage and adopted by Resolutlon No. 84-37 had an error ln it; NoW, THEREFORE, BE IT RESoLVED by the President and Board of Trustees of the Vlllage of Buffalo Grove, Cook and Lake Counties, I1l1nols as follows: 1. Resolutlon No. 84-37 ls hereby revoked. 2. The agreement entltled, rrAgreement for Federal Project IX-M-6003(243)" ls hereby approved and the Vtllage Manager ls hereby authorized and dlrected to execute the agreement. A copy of sald agreenent ls attached hereto and nade a part hereof. AYES : NAYES : ABSENT: ?ASSED: ATTES!: 0 None 5 Marienthal , S tone .OrReilly, Hartstein. Reid 1 Glover July 2,1984 APPROVED : dt ) Village Clerk 3.nn!pa-x- Village President -4r-( / /.-,^,.,a- 4t4 _j - day ot ,r?{----1-4.D.,, by and between Lhe STATE OF ILLINOIS, acti DEPARTIi{ENT OF TRANSPORTATION, hereinafter called the STATE, the COt NTy Of IAI(E of the State of Illinois, hereinafter calted the COtNTy, and lhe VIIIAGE OA BUFFAIO GROVE, acting through its PRESIDENT AND BOARD Of TRUSTEES, hereinafter called the VILIAGE. WITNESSETH IIBEREAS, the STATE, Che COITNTY and the VILIAGE, in order to facilitate the free flor of trafflc and insure aafety to the notoring public, are desiroua of inproving the intersection of Buffalo crove (Old McBenry) Road (fAU Route 255?) and l,lundelein Road (IllinoiB Route 83) in the ViIIage of Buffalo crove and unincorporated Vernon Toyrship, Lake County, Ulinois, VILIAGE Section 79-00019-00-Pv, COITNIY Section 79-00081-02{R, STAIB Section {{N-I(93), STATE Job No. C-9L-808-83, Federal Project Ix-u-6003(243), by Eaktng rhe follouing improveDents : A. tlidening and channelizing the existing tyo-lane roadrrays to provide one thru traffic lane and one left-turn lane for each approach to the intersectioni B. Constructing {-foot shoulders (l-foot bituDinous, 3-foot aggregate) Chroughout and roadside drainage ditches to acco@date Ehe iDproveDents i c. InBtalllng traffic s ignala; AGREEI,TENT FOR FEDERAL pRqrECT IX-[-6003 (2{3) THIS AGREEI,IENT i6 entered into thi6 by and through its 'and by perfornin\ tl other uork necessrry to coo\_.;e the iEproverent in accordance vith the approvad plans and specificatlona, hereinafter called the PRqIECT, and I{BEREAS, the STATE, the COT NTY and the VILIAGE are desiroua of said PROiTECI in that 6ane uil1 be of lmediate b€nefit to the VILIAGE.S residenta and Permanent in naturei and I{EEREAS, the VILIAGE haa heretofore caused the Prelininary (phase I) Engineering to be satisfactorily conpleted for the PEOJECT and ls ln the Process of comPleting the Design (Phase II) Engineering therefori and WHEREAS, the STATE, the COUNTY and the VILIAGE entered into an agreerDent on January 28, 1980 coverlng the Phase I and Phase II Engineering under Federal Project il-5003 (486) ; and WHEREAS, no additional right of ray is required to conplete the PRqIECT in accordance with tbe approved design. llot{, TEEREFORE, ln coneideration of the nutual covenants contained hereinr the parties hereto agree that upon satisfactory coupletion of the Phase II Engineer ing for the PRqIECT: 1. The VILLAGE shall furnish the resident engineer together yith the construction engineering, proporlioning of DateriaLs and inspec- tion during tbe conEtruction of the iEproveDent, provide accep tance sampling and testing of naterials in accordance uith the specifications, Project ProcedureB Guide and nethods preacribed by tbe STAIE, and cauEe the PRTOJP,CT to be built in accordance yith the approved plans, specifications and contract (the STATE, the COUNTY and the Federal tsighray Mninistration shall reioburse lbe VILIAGE for a portion of these c-oBtE, as hereinafter stiPulated). 2. The STATE ahall provide i,ndependent assurance saDpling, and furnleh off-Eite Daterial. inspection and te8ti.ng, at aourcea -2- 3 norDallvisited by STATE i.nspectors, of veel, ceaent, aaphalt, aggregateE, seuer and dralnage PlPe, atructural ateel, and other eaterialE custonarily teated by the STATE. The STATE, after approving the plana, shall receive blds and award the contract subject to the concurrence of the COT NTY and thE VILIAGE. 4. The cOtNTY, "" ,Jt, bl l?191L, appropriated, by separate resolution, $to pay its ahare of the cost of the PRo.rEcT and lhe VILIAGE, on l,tay 2I, 1984 appro- priated, by separate resoluLion, $13r93f.00 to pay its share thereof. Each agency rilL in the future pass a suppl,enental resoluti.on to provide additional funds for its share if the amount appropriated proves to be insufficient to cover sald cost. The VILIAGE shall have in effect prior to lhe STATE advertising for the ljork to be perforned hereunder an ordinance requiring that parking be prohibited yithin the linitE of the PRqrEcT. The VILIAGE shall have in effect prior to the STATE advertising for the york to be performed hereunder an ordinance prohibiting the discharge of sanitary and,/or industrial easte uater into any storn serrer constructed aa a part of the PROJBCT. The COUNTY and the VILIAGE agree not to authorize or pernit any operation, practice or encroachnent uhich wil.I changel inpede or interrupt the orderly flov of vehicular traftic on the coopleted PROJECT, and to enforce auch traf fj,c regulatj,ons and }ocal ordinancea that affect traffi,c operations thereon. Ttre disposltion of encroachnents shall be cooperatively deternined by representativea of the STATE, the @UNTY and the VILIAGE. 5 6 7 8 -3- 9 Itle COIN lnd the VILIAGE ahall provide, i.or to the STATE -\-/ adverti8ing for the uolk to be perforned hereunder, lpproval by reaolution or letter of the plans and specificationB as prepared. The VILLAGE agrees not to perait driveyay entrance openings to be nade in the curb aa constructed on Buffalo Grove noad yiEhout Ehe yritlen consent of the COITNTY, and as constructed on Illinois Route 83 without the written consent of the STATE. the VILIAGE shall exercise its franchise right to cause ut.ilities to be rel.ocated at no expense to the COUNIY or the STATE. fhe VILIAGE further agrees to regulate or cause to be regulated on a continuing ba6iB the use of highway ri9ht6 of eay by utilities in the manner set forth in the current Staters Utility Accomnodation PoIj,cy applicable to the highyay systen involved. The STATE shall, upon completion of the PROJECT and so 1on9 as Mundelein Road (Illinois Route 83) is used as a State Highway, naintaln on said route the thru traffic lanes, turning lanes, shoulders, and pavement narkings h,ithin the linits of the PROJECT. The VILIAGE shall, upon conpletion of the PROTECT, Daintain or cause to be naintained, on [undelein Road, all portions of the PROJECT not specified to be naintained by the STATE in Itern 12 of thi6 AgreeDent. The COITNTY ahal"I, upon coEpletion of the PRGIECT, retain juri6- diction, naintenance and control of Buffalo Grove noad uithin the linits of the PSOTECT. Upon acceptance by the STATE of the ner traffic signal installa- tion, lhe financial responsibllity for aai,ntenance and electrical energy for the operalion of the signals shaLl be proportioned as follows: 10. II. L2. 13. 14. 15. -tl - In!ersecEion 16. L€veI of liaintenance llainten-nce 100.00r --- ---t Electr j,cal Enerqy 'Ill.. RLe. 83 I Buffalo crove Road II STATE SHARE VI LIAGE SHARE I L00.00t It is nuEually agreed that the actual signal naj.ntenance nill be perforned by the STATE, ei.ther yith its olJn forces or through an ongoing contractual agreeDent. It is further agreed that the signals shal1 be naintained to at Least the I€veL of l,iaintenance 6horn above. Upon acceptance by the STATE of the new traffic signal installa- tion included herein, the responsibility for maintenance and energy outlined above sha1l becone a parl of the ltaster AgreeEent erecuted by the STATE and the VILIAGE on February 9, 1982. The VILIAGE shall make arrangeDents rith a local poeer company to furnisb the required electrj,cal energy and to bill the VILIAGE directly. The estimated construction cost of the PRo.TEC! is as follows: Contract Construction Costs $ 606,500.00 Construction Engineering Costs 0___l?r9_q9-:_99 IlotAr. s 6{ 9,00 0.00 The division of costs sha}l be as shosn on Page 5A of ttris Aq reenent . The VILIAGE agrees to pay the total cost of Construction (Phase III) Engineering, an aDount estinated to be ${2r500.00, subject -5- 17. r8. S ION ION (sEE ITEIr{ 17, PAGE 5) Cost Cost 96,I07 IOCAL FAU $ Cost FEDERAL STATE IXI!Cost TOTAL (1) 116,755 l2l 2L4,492 (3)42.5O0 508, 500 (3,000 N/A 2 02,05I I0.00 N/A 1,9.36 9,000 N/A N/A 70. 2I 85.00 N/A N/A ?5,500 N/A N,/A 1r9,000 90,000 8,000 42,500 549,000 8,229. r33, 983 '10.2L N/A 5,6L7 _:&!t9'* 249, 948 (3) t t and Federal shares. rgency Vehicle Pre-enptlon and Construction Engineering. ( OF STATE to parti rciDburseoent of said'cost by @t lf[y, the STATE \JV and the Federll Blghray AdDinistratlon, through the STATE, aE hereinaf ter stipulated. A. The COUNrY I S ahare of thiB cost is 5.95t thereof, an aDount estinaEed to be $2r9I9.00. Upon cmpletion of the PnoirEcT the couNTy ahall reinburse the VILIAGE for the COITNTy I S share of conatruction engineering cost6 rithin thirty (30) days of receipt of an invoice therefor fro the VILIAGE. 8. The SIATE I S ahare of this cost i6 1,9.35t thereof and the Federal 6hare is 70.211 thereof. The STAIE rrill reiDburBe the VILIAGE for the STATE and Federal shares of conatruction engineering on the baBj.s of periodic bi11in96, provided each bill contains evidence of pa)ment by the VILIAGE. The Federal. 6hare shall cone from FAU fund6 allotted to the Lake Urbanized Region CATS Council (subject to an upper linit of said funds, as hereinafter Etipulated). (1) The VILIAGE I S atlention is ca1led to the fact that current regulations prohibit the STATE and the Pederal Bighway Admi.nistration froB participating ln conatruction engineering in excess of ten percent (Iot) of construction coata. Therefore, the EaxiDum STATE 6hare of construction engineering for this PROJECT is 1.9353 (19.35t of 10t) of the final Federal tErticipating constructi.on cost, and ttte oaxinun Pederal ahare ia 7.021,t (70.2It of 101) of said final coEt. Any costa in exceBs of that asount Ehall be borne by the VILLAGE. -6- r9.The STAlv-grees to pry the total contrac.__,,onatruction cost; sub jdct to partial reieburaetlent of aaid coat by the VIIJAGE, the @(,ltAI and the Sealeral Bighray Adninistration, aa hereinafter Btipul.ated. A. The VIIJAGETS ahare ia 7.60t of the roadray and drainage costs, an anounc estiDated to be $38,6{6.00, pluE 29.79t of the co6t of the hergency Vehicle Pre-enption feature of the traffic signala, an aEount esti,nated to be $2,383.00, plu6 L.67t of the renaining traffic signal costs, an anount esti- Eated to be 01r500.00, tor a total estinated arcunt of ${2,529.00. Upon receipt of the firat and subsequent pro- gressive bills fron the contractor constructing the pRqrECI, the VILIAGE rriLl pay to the STATE, from any funds allotted to the VILIAGE, an anoun! equal to the VILIAGE t S estinaled share ($42r529.00), divided by the estinated total construc- tion coat ($605,500.00), nultiplied by the actual progre6s pa)ment (appropri.ately adjusted for non-part icipating coat6 for Federal-Aid projects) Eade to the contractor, until the entire obligation for contract construction coats incurred under this AgreeDent has been paid. B. the COUNTY I S share i6 18.901 of the roadray and drainage costs, an amount estiEated to be $961107.00, plus 3.33t of the cost of the traffic signals (yith the exception of the Elergency Vehicle Pre-enption feature), an amount estj,Eated to be S3,000.00, for a total estinated aDount of l99,to?.00. Upon recej,pt of the first and aubsequent progre66ive brl,l6 fron the contractor const.ructing the PRO.rECT, the @t NTy uiU pay to the STATE, fron any funds allotted to the COt N?Y, an a.Dount equal to the COUNTY'S estiDated ahare ($99,107.00) 1 divided by the estiD.ted total construction c co.v(S605, 500.00) , rultiplied by tl._,rctual progleaa payDent (appropriately .djusted for non-par ticipatlng co6ts for Federal-Aid project8) Eade to the contractor, until the entire obligatlon for contract construction coats incurred under thi,a AgreeEent ha6 been paid. The portion of the Pederal share yhich Bhall coEe fror FAU tunds allotted to the hke Urbanized Region CATS Council (subject to an upp€r linit of sai.d funds, as hereinafter sfipulated) i6 70.21t of the cost of the hergency Vehicl.e Pre-enption feature of the traffic signals, an aroount estinated to be $51517.00, plus the difference belueen $249,948.00 and the sun of the rAU shares of the hergency Vehicle Pre-eroption and Crnstruc- tion Engineering, an arDunt estinated to be t2L4r492.00. for a total estinated amount of $2201109.00. The portion of the Federal. share which 6haII coEe lron Ix funds alIotted to the STATE is 85.00t of the cost of rhe traf f i.c signals (eith the exception of the Energency Vehicle Pre-enption feature), an amoun! estinated to be $75,500.00, plue ${2,500.00, for a total estiDated amunt of $1I9r000.00. Said Federal, share shall be rei.nbursed to the STATE in accordance rrith current billing procedures establj,shed for Federal-Aid proj ects. It is understood and agreed by alL partj.es hereto that the naxirnun anount. of Lake Urbanized Council pAU funds available for the conBtruction and construction engineering portion of the pnoJFaT is l2{9,948.00. A11 costs rhich are ineliglble for STATE and pederal- Aid participation, and uhicb are approved for .8- D E 20. 2t. 22. 23. 24. covuction by the COUNTY and VILLA\.J, shall b€ borne I00t by the COUiTY and,/or the VILIAGE, depending upon the location of the eork invoLved. The VILLAGE agrees to comply with aII applicabLe Executive Ordera, State and Federal Lars and Regulations relative to Equal hploy- ment Opportunity and Nondiscr inination. The STATE agrees to provide contract constlucLion administration and general supervision of the resident engineer. The VIIJLAGE agrees to maintain aII PROJECT records and to Eake them available for review and/or audit by STATE and Federal personnel during the PROJECT construction stage, and to retain saj,d records for a period of three (3) years after final accep- tance of the PROJECT. The VILLAGB further agrees to furnish the construction records to the STATE for documentation revies an6 retention for Federal audit purposes until the close ot the calendar year during which construction is completeo, at yhj.ch tine the records will be returneq to the VILLAGE for compleEion of lhe period of retention. The parties hereto mutuaLly agree that faiture on the part of the VI LIAGE or the COITNIY to fulfill their own responsibil it ies covered in Itema 5, 6, 7,11, 13, 14, 15, ZO and ZZ of thl6 Agreement rrill render the VILIAGE andilor the COt NTy ineligible for Federal-Aid parti.cipation in future highway projects for shich they have sinilar re sponsibili ties for as long as such failures renain uncorrected. This .I€reenent ano the covenants contained herein shaLl becoDe null and void in the event the contract covering the construction uork contenplated herein is noL ararded prior to JuIy 1., l,9g?. -9- ATTL:S?: This Ag1-rment sha1l be binding upor) and\r1ure to the benefits ot the parties hereto, their successors and assigns. 1?. VILI,A:E .'.,// (: SEAi, PREEirEirrI fhAh 6C Date COUNTY OF I,AKE cllAl rLqAN , COIiNTY BOAX.D DaLe STATE OF ILLINOIS, DEPARTI'IEN T OI' T&ANSPORTATION DIRECTOR OF HIGIITIA DaLe , LIELI--r -:\a.COUNTY SEAT, I , I9Jft_ ,rrl{ -10 - VILTAGE CT BUI'EAIO GROVE STATE OF ILLINOIS COUNTIES OF COOK AND LAKE . I, JANET 11. SIRABIAN, hereby certify that I am the duly elected, qualifled and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cook and Lake, lllinois, and the keeper of its seal and records. I hereby further certify that the attached is a true copy of Resol ut ion No.84-4t adopted on therJ&Ldav of DE4 , ;v the Vil tage Board of the Vi age of Buffalo Grove as shov,rn by the records in nry custody. lN I/ITNESS I/HEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Vlllage, in the County and State aforesaid, this 6l1L day of /'\.,t*1 19 24 . ) ) ) T4 age e l &tAr4* County Clerk County poard. Dlrector of Flnance Treasurer Hlghway (6) certlfied Cel:j5;:.' i,.. 1:.. lt i:.- .. ^.:c t oI I.r.;c"..r ir o,: L--,- ... iJoc.;,i I.1.,,;i::'.J,:tSTATE OF ILLINOIS COI'NTY OF L AK E ,/ ) ) ) .'-; . -i).l:: i'; SS l!', r - COI'NTY BOARD, COUNTY OF LAKE, ILLINOIS ADJOURNED REGIJLAR JUNE MEETING, A.D. 1984 TUESDAY, JULY 17, 1984 !IR. CHAIRMAN AND MEMBERS OF THE COI'NTY BOARD: Your Publlc Servlce Comlttee and Flnanclal and AdElnls- tratlve Comlttee present herewlth the attached jolnt resolution provLding for the execulion of a joint agreenent wlth the State of Illlnois for the i-mproveEent of the intersectlon of llllnoLs Rte. g3 and Buffalo Grove Road (Counry Hlghway 16) deslgnated as Sectlon 79-00081-02-WR. The estlnated cost of the entlre lmprovement is $649,000.00, rhe Counry's por!ton belng g102,000.00. Thls resolutlon also approprlates the amounr of $120,000.00 froE rhe County Motor Fuel Tax Budget, for the County's portlon of Ehe cost. We RECoWEND adoptlon of thls Resolution. Respectfu submi E ted, -- / -t I Chairman Chal I E-|,,/ I'L"z- €'al PubI 1c Service Comnit tee Financial & Adminlstrative Committee -,..Y(,., ltiat: ii *l--'---:---.--- - RESOLUTION WHEREAS, the free flow of traffic along llllnols Route g3 and Buffalo Grove Road (county Hlghway 15 and FAU Roure 2657) rs beneflclar ro lhe safeEy and welfare of the SEate of llllnoj.s and to the County as a whole; and WHEREAS, the Counry of Lake, the Village of Buffalo Grove and the Stale of Illlnols, acttng through 1ts Departnent of Transportatlon, feel that 1t would be beneflclal to the safety and rrelfare of the uotorlng publlc lf the lnter'ectlon of rlrlnols Roure g3 and Buffalo Grove Road would be Lmproved by wldenLng and channellzlng the exlstLng two_lane roadways to provlde one thru-trafftc lane and one left-turn rane for each approach to lhe lntelsectlon and by constructlng 4-foot shoulders and dralnage fioprovements, together r.rlth the lnstallatlon of slgnals at sald lntersectlon and by perfornlng all other Lrork necessary to conplete the iutprovemenL 1n accordance uith the approved plans and speclfleatlons; and WHERXAS, the County, the Vlllage of Buffalo Grove, and rhe Stare of rlllnols are desirous of enterlng into an agreenent for the above-proposed lmproveEent, sald agreeDent attached hereto and setting forth the terms and obligatlons to each agency. N.,o, THEREF.RE ' BE rr RES.LVED that rhe chalruan of the county Board and the CounEy Clerk of the County of Lake, State of Illinols be, and they are hereby aulhorlzed. to execute an agreement pertalnlng to the flnanclng of the above-naned lmprovenent., provtdlng 1n the oplnion of the public service conmlttee sald agreement ln lts flnar forn substanrlarry conforms to the draft attached hereto. BE IT FURTHER RESOLVED that there is hereby appropri.ated the amounr of $120,000'00 from the current counry !{oEor Fuel Tax budget, for the county,s porti-on of this improvemenr, designated as section 79-0oog1-02_wR. BE IT FURTHER RESOLVED Ehat copies of this agreement r./hen executed in its finar form be submitted to the rllinois Department of rransportation for their approval and final processi.ng. Dated at Waukegan, Illlnols, this 17rh day of JuIy 1994.