1986-02-03 - Resolution 1986-05 - APPROVING A JOINT VILLAGE-STATE AGREEMENT FOR PHASE 2 ENGINEERING AND RIGHT-OF-WAY ACQUISITION FOR THE ARLINGTON HTS RD AND DUNDEE RD INTERSECTION IMPROVEMENTRESOLUTION NO. 86 - 5
A RESOLUTION APPROVING A JOINT VILLAGE-STATE AGREEi,IENT FOR PHASE II ENGINEER-
ING AND RIGHT-OF-WAY ACQUISITION FOR THE ARLINGTON HEIGHTS ROAD AND DUNDEE
ROAD INTERSECTION IMPROVEMENT
|IHEREAS, the Village President and Board of Trustees desire to
proceed with the Arlington Heights Road and Dundee Road Intersection
Improvementi and,
IIHEREAS, an agreement with the State of Illinois is necessar.y to
insure State and Federal funding for the Phase II engineering and
right-of-way acquisition for the project;
NOli, THEREFORE, BE IT RES0LVED by the Village President and Board
of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois
as foi I ows:
'I . The agreement entitled, "Loca1 Agency Agreement for Federal
Participation (Phase II Engineering and R-0-!i Acquisition)" is
hereby approved.
2. The Village i4anager is authorized and directed to execute the
agreement for the Village. A copy of said agreement is attached
hereto and made a part hereof.
AyES: 6 - Marienthal, OrReilly, Glover, Reid, Shields, Kowalski
NAYES:
ABSENT:
PASSED:
0 - None
0 - None
February 3 1986
APPROVED:
age res ent
ATTEST:
$t.^"dYYI. &-IL,-Virra@flEif
STATE Of ILLINOIS
DEPT OF TRANSPORTATION
LOCAL AGENCY AGREEMENT
FOf, FEDERAL PAR
Phase II Engi TICIPATIONneerinS
This agreemsnt is made and snlgred into betweren lhe aborve locsl aggncy (LA) 8nd lhs State ol lllinois, acting by and throuoh its Dgplrlmsnt ol
Transportalion, herernafler reterrecl to as'STATE The STATE and LA iointly propose lo improve the dssignated location ar shown bolow. Tho
improvemenl shall be construcled rn accoro3nce wrth plars approyed by lhe STATE and lhe STATE'S polacies and procedures approved
andlor required by the Unried Stales Federal Hrghwe_v Adm inrstratron hereinalier relerred lo as FHWA.
Name Arlington Heights Road Route Length
Tarmrnr Inter6ectlon At Dundee Road.
MunrcapEhty Buffalo Grov- y)85-00039-00-cHSe,
Townshrp
rAU
YPe
County Cook State Contract Oay Labor Locsl
PROJECT Description EristirE Sr No N/A
A11 Design (Phase LI) Engineering and Right-Of-I{ay Acquisition required for a Project to
wlden,channellze and otherlrise Lmprove the lnter8ectlon.
TYPE OF WORK
Pa.licipsring Construclion .... ..
Non-Parlicrpaling Conslruction
Preliminary Enginsoring . . . .
Const.uclron Enganoering .. .
Right ol Way
Rail.oads
UtiItles
Sub Total
NOTE
DIVISION Of COST
90 STATE
)$
ls
t$
ts
t3
)$
)$
SEE
FHWA LA TOTAL
$
3
$
!
$
l$
)s
)$
)s
)$
)s
)$
)g
)i
)$
)$
)s
)S
)$
$$
s
Total Projsct Cost
The above coats and percenlag€s are approxrmale End subjecl lo change. The percentage(s) recordod and malntained by the
STATE, will be used in lhe tinal divisron of costs lor billrngs or reimbursemenl.
ll funding is lump sum and nol a percentage of the total, place an aslerigk in the Eppropriate space p.ovided for gntering p€rcentages.
Th6 Federalsh.r€ ol construclion engineering may not €xcaecl 1O% ofthe FederalshEro ot the linal conslruction cost.
LOCAL AGENCY APPROPRIATION N/R
s
I 9-- appropriatsd, by separate resolutDn To pay the LA's share of the costThe LA on
and will in ttie luture app.opnate addilional funds il ttE anpunt approFiat"d p.oves to b€ insulticbnl to cover lhe LA's share ol the cost
METHOD OF FINANCING ISTATE CONTRACT WORK ONLY)
METHOD A ---Lump Sum (95' ol LA OblEatio"'9 N/A
METHOD B Monthly Payments of 5METHoDc.-.LA,sshares-dlvdedby3stimaledlotalcoslmultipliedbyactuatpfo9resspayment
(S€e page two for details ol lhe above r.iethods and the frnahcing ol Oay Labor and Loc;l Contractsl
ADDENDUMS
Additbnal inronnalion ard/or slapulations. if any. are h€.sby EttaclEq and donttiod bektw as being apan of this agreement
Addcndum SEE PAGES 3, 4 and 5
(lnsert NA, il not applicable) (lnsert addendum numbers or letters and page numbers, il applicable)
The LA funher agrees, 8s a conditron ol payment, that rt accepts and wrll comply wrth lhe applrcable provrsions set forth on pag€ two and all
erhrbrts lndrcat€d above
APPROVE D
s
Name Wil1lam R. Ba l1ing
APPROVEO
DEP
STATE OF ILLINOIS
RTMENT TFANSPORTATION
Trtle e },lanager
Conslruclron
OF OEPARTMENT USE ONLY
Rrght-of -Way
ob Numb€r Pro I Number ob Numb€r I NumberPro Job Number Prolect Number
M-5003(s62)R-90-010- 86 M-6003(564)
Sgnat
vlIIa
P-91, -376- 85
Cat?
i.
LOCATION
FAU 2626 Mrles
Other Fundrng Not lncluded Above
Source ol Other Funding:
Enqrneerrnq
THE LOCAL AGENCY AGREES
\-/
('l ) To acqurre rn rts nadte all rqht ol way necessary tor thts forect in accordance wrlh the requretnents of Titbs ll and lll ol ltre Unilotm
niOijr,on Assrsrance, andReat Property Acqursrtlon Pol'cies Act ol 1970, and ellablEhed State pohc€s and p.ocedures P.lot lo
"J*i,.,'lg lor brds, lhe LA shalt ceri'ty to the STATE thar all requirern€nts ot T'tles ll and lll ol sard Unilorm Act have been compliod
tytf,. and it'e O,spos(ron of encroachments rl any. wrll b€ cooperatrvely d€termrned by representalrves of the LA. lhe STATE and the
(2) 1o provrrjt- tor att utrlrty;dtustmenl5. anci ro regulale ihe use ol lhe rqhl ol way o, thrs rmprovemenl bY ulrlrtres. publc and pnv?te. rn
accordance wrlh the corrent Utrlily Accommod;tron Pol'cy For Federal-Ard Work and MFI Construclron Prolects for Counly and Town_
shrp and Crty Slreets rn llhnors,
l3) To Drov'de tor surveys and the preparatron o{ plans tor the proposed rmprovefil€nt and engrneeing supervtsron durrng conslruclion ol
lhe Proposed lmprovement
(4) To mantarn. or cause to b€ marnlarned. the compleled rmprovemenl and, when on a tederal-ad roule, lo marnlarn. or cause to be maan_
tarned, the complated rmproverlenl rn a trEnner salrsraclory to lhe STATE and ltl€ fHwA,
(51 fo comply wrth all apptlcabl€ Erecutrve Orders and Federal Hi.l_hways Acts prrtsuanl lo llte EqualErpbYrnenr Opportunrty and I'lon-dis-
c.rmrnairon Regulatlons tequired by lhe U S Deparltnent ol TransponalDn
(6) To preserve and produce upon request of responsrble STATE or FHWA olficrals alltecords lor lhrs propcl lor the purpose of an audil
for a peiod ol lhree years atter lhe FHWA payment ol lh€ frnal voucher,
(7) provtstons wrllbe made, rl requrred, for the rmprovem€nt ol any rarlroad-h€hway grade crossrng and rarlcrossing protection withln the
hmrts ol the proposed rmprovemenl,
(8) That larlure of the LA to comply rvrth Federal requrrernenls mav resull rn lhe loss (panral or lotal) ol Fedetal parlrcpatlon as del€.mined
by lhe FHWA,
tgl (STATE Contracts Onlyl Thal th€ merhod of payrnent desrgnaled on page on€ wlll be as lollows
Method A- Lump Sum Payrn€nt Upon award of ttte conlract lor thrs rmprovernenl, the LA wrll pay to fhe STATE. rn a lump sum,
an anK,unt equal to 95 ot the LA's estrmated obl€alon rncuned under lhls Agreernenl, and wrll pay fo rhe STATE lhe
remarnder of the LA's obl€atrcn (rncludrng any nonparlrcrpalrng costsl rn a lump sum, upon completron ot the proiect
based upon frnal costs
Method B- Monthly Paymenrs Upon award ot the contract lor thrs rmprovement, the LA wrll pay to the STATE, a sgecilEd
amount each month lor an estrmated penod of monlhs, or untrl95 of the LA's estimaled obhgatron under lhe provislons
of the Agreement has been pard. and wrll pay to the STATE the remarnder oI the LA's obkgatDn (rncluding any nonpar-
trcrpatrng costl rn a lump sum. upon completon oI the proFct based upon tinal costs
Method C, Progress Payments Upon recerpl ot the contraclor's frrst and subsequent progressrve brlls for lhrs rmprovement. lhe
LA ;rlt pay to rhe ST ATE. an amount equal to the LA's share of the construclpn cost drvded bV the estrmated tolal cost.
mullrpl€d by lhe actual progress payment (appropnately adtusied for nonpartlcrpatrng costs) made lo the conlractor unlll
lhe entrre obhgatron rncurred under thrs Agreemenl has been patd
('lOl lDay Labor or Local Contracts Ontyl To provde or cause to b€ provrded all ol the rnrtlal funding. work. labor, malerlal and servrcas
nccessary to construct the complete piolect
(1,|) (prgliminary Engineerlng Onty) Thal in event righl-ot-way aqquisition or actual construction olthe proiecl lor which lh€ preliminary enel-' he€rino is'und;rtaken iitfr FeOerii oartiiioatibn is not'slarted within five yearg lollowing the date ol approval and authorization lo
procee-d, lhe LA *ill .epay th€ STATE any F€doral lunds rec€ived under the torms of this sgrsement.
THT STATE AGREES
(1 ] To prov,de such gudance, assrstance and supervrsron and tO monator and pertorm audrts lo exlenl neLessarY lo assure vahdrly ol the
LA's certrtrcat@n of comp[ance wrth Trtles ll and lll requrrernents
(2) (SIATE Contracts Only) To recerve brds lor the constructron of the proposed rmprovemenl rYhen the plans have b€€n approved by
the STATE land FHWA. rl reourred).
l3) (SIATE Contract Onty) To award a contract for constructron o, the proposed rmprov€ment, alter recerpt ol a satrsfactory bd and
after concLrrrence rn the award has been received f.om the LA (and FHWA tf requrredl;
{4) (Day Labor or Locat Contracts Only) To authoize the LA to proceed or concw In the awarcltot the conslructron ol the rmprovetnent
when Agreed-Unrt Prrces, are agproved or satrslactory bds are recerved for Local Cont acls
(5) (Day Labor or Local Conlracls Only) To rermburse I he LA for that p,orllon of lhe cost payable lrom Federal' ard lunds and the STATE's
sha;e based on the Agre€d Unrl Pices and Eogrnesr's Payment Estimates rn accotdance wrlh the Orvrslon of COst on page one
AGREEMENT PROVISIONS
IT IS MU-TUALLY AGREED
(1| That th's agreement shall be null and vord rn the event that the FHWA does not approve the proposed rmprovemenet lor Federalad
Partrcrpatro; and rn the evenl the conlract covenng the construclron wort contempiated herern rs not awarded wilhln thre€ Years ol th€
dale of erecutron of lhrs agreemenl
l2l Thrs agreemenl shalr be brnd,ng uOon the parlres lher' successors and assrgns
(3) lf rs lhe pohcy ol the U S Deparlment ol T.ansportatron lhat mino.ily business enlerprises, as defined rn 49 CFR Part 23. shall have the
maxrmL/m opportunrty to parlrcrpaie In lhe per{ormance of conlracls tinanced rn whole or rn parl wrth Federal lunds under this
agreemenl Consequently, the MBE requirements of 49 CtR Pa.l 2 3 apply lo lhrs agreement
The STAT€,LA agrees tO ensure that minonty busrness enlerpnges, as detined an 49 CFR Pan 23, have the msximum opportunily lo par-
t,c,pate ,n ine peio.mance of thrs agreement ln thrs regard the STATE. LA shall fslc all n3cessary and t€asonable sleps, ln accordance
wn; 49 CFR P;rt 23 . to ensure that;rnonty busrness e;terpns€s have lh€ marrmum opporlunitY to compete lor and perform porliohs
of contracts and subcontracts frnanced rn whgle or rn part with Federal lunds provrded under lhrs agreemenl The STATULA shall nol
discrimrnate on the basas ot race, color, natronal ongin, or sex io the soloclion and .etention ot conliaclor or subconlraclors. including
procurem€nl of mateials and leases ol equrprnent
The LA shall include the p.ovrsrons of this "Pohcy" rn rvery cOntract, ancluding procuremenl of matenals and leascs of equipment
Farlure to carry out the requtrements sel lorth above shall conslrtule a breach of thrs agreement and may r3sull ln termination ot th€
agreemcnt or such remedy a5 deemed appropnate
gLR 4251 (REV. 6/831
AN ALv{DU,r TO THE JOTNT VILLAGE-STATE REEMENT
FoR PRoJECTS u-6003(562) AND U-6003(56r' rN TtE
VILLAGE OF BUFFALO GROVE, COO( COUNTY, tLLtNOlS
ADD! NDUM
( 70.21)
STATE "t
(14.8e5) $
I "DtvtsroN oF cosrstr:
A. The Division of Costs sha11 be as follous:
FHWA
Phase II Engineering. . . .5 r*t,trZ!,
Right-Of-Way:
Acquisition costs-Dundee .$ 61,544
Acquiaition Costs-Ar1.Ht6,I 8,565
Appraisals/NegoEiaEion . . $__Lqlq
rt.
$ 8,788
N26,156 (29.7e)
$()
$__t _l!] (14.Be5)
$36, r36
LAL
8, 788 ( 14.895) $59 ,000
S ( ) $87,800
$ 3,634 (29.79) $ 12,2oo
$__Ll!z ( 14. 8e5 ) $ s, ooo
$13,614 $167,000
TOTAL
( 70.21)
( 70.21)
( 70.21)
Tocal (2 Projecrs) . . .$117,250
CIIANGES IN IIAGREEMENT PROVISIONS''
Under I.TH.E LocAL AGENCY AGRTIES'I:
A. Iteos (2), (4), (7), (9) and (10) are deleted.
I tems
( 1)
(1) and (3) are revised to read as follows:
To acquire all right of vay (including
easemenEs) necessary for this project
folloving requirements :
B
Eemporary and perEanent
in accordance niEh the
(a) Said right of way shall be acquired in accordancewith Land Acquisition Policies and procedures oflhe STATE, in Ehe naoe of the STATE, on standard
State forus which will be provided for that
PurPose.
(b) No ayard of a contract shall be nade to cover con-
strucEion of tnis projecc, or any part thereof,
without Ehere first having been made a fitle
approval by Ehe Alforney General of lllinois on
each individual parcel of said right of way, theconsiderarion for shich exceeda $2,500.00, in-
cluded vithin such conaEruction. A title approvalshall be uade by the STATE on each individual par-cel of said right of vay acquired where the consi-
deraEion is $2,500,00 or less. ln the event acqui-sition of said right of way is by condemnation,
then such action Eus! be brought in rhe name of Ehe. State by the Attorney General and an Assistan!
Attorney General appointed by hiro, The SIAT!] wiIlobtain, for the LA, the Assistant Attorney General
from t.he Attorney General. The LA wi.l1 dealdirectly Eith the AssisEant Attorney General inaII condemnation cases, and ri11 be responsiblefor paying all cost.s incurred by hiur.
-3-
(c) : cost of eaid right of ray sha-' include the
Vrchase pri.ce thereof as nell a\/.re cost of
negotiators, Special AssisCant Attorneys General,
appraisale, ticle evidencer relocatj.on aasiatance
and paymenls, property manatenent, and such legal
service as may be necessary to acquire said rightof vay.
(d) All parties engaged in che acquisition ofright of vay shall be approved in advance
STATE.
said
by the
(e) Appraisals shall be reviewed and a negotiating
figure approved by the STATE in advance of negotia-
tions for the purchase of said right of way.
(f) Any phase of Ehe Staters Relocation Assislaoce Pro-
cedures to be perforued by any qualified agency
oEher Ehan che State shall be covered by separate
contractual agreeEent or agreenents sith gaid
agency, and are subject to prior approval of lhe
Division Aduinistrator of lhe Federal Highway
Administ rat ion.
(g) The LA shalI furnish rhe STATE'S District Engineer
the original conveyance instruEents and right of
way plat, including any temporary or permanent
easements, ].otrlediateLy after such documents are
properly rec o rded.
(3) To Eake the surveys and provide, either with its own forces or
through the Eervices of a competent consulting engineeri.ng firn
approved by the STATE and the FHWA, for Ehe preparation of rhe
contracE plans, specifications and estiBates for lhe proposedproject or projecrs (Phase lI Engineering).
following ireu is added:
To pay all approved costs yhich are deternined to be ineligiblefor Federal participati.on. the iEems EhaE result in any such
cosEs which are to be paid by the tA shlll be approved, sith the
involved cost.s specifically denoted in writing, by the LArs
ViI lage Uanager.
III.UndeT ''THE STATE AGREESI':
(3), (4) and (5) are deleted.
revised to read as follows:
The
( 12)
A. ltems ( 2) ,
B, ltem ( 1) is
-4-
c.
(f) To provide such guidance, assistance and supervision, and moniEor
and perform audics, to lhe exEent necessary to assure the LArs
compliance wiEh the SIATETS Land Acquisition policies and pro-
cedures,
c.The
(6)
foli ^ng items are added:v
To request Federel participation in the cost of the Design (phase
Il) Engineering and .Right Of IJay Acquisition for the proposed
project or projects, and to notify the LA to proceed rrhen the
FHWA auchorizes said engineering or acquisition.
(1) To reinrburse Ehe LA for the STATL and Federal shares of ,lesign
(Phase 11) Engineering and Righr Of ttay AcquisiEion on Ehe basisof periodi.c bi11ings, provided said bitlings contain sufficient
cost information and includes evidence of payment by Ehe LA.
lV. Under "lT IS MUTUALLY AGREEDTT:
A. lteros (I) and (3) are deleted.
B. The folloving iterq is added:
(4) That lEeE (11) under "THE LOCAL AGENCY AGRIiES" ehall nor applyif the delay in undertaking right of way acquisicion or actual
construction of the project is caused by the unavailabiliEy of
Federal, STATE and/or Cook County funds, and is not the fault ofthe LA.
-5-
irariftisJ
FEB 1,3 1996
EAU
!
i
IAlq
.(:f 1grg41
U SIREETS
STATE 0F tLLtNotS )
)
COUNTIES OF COOK A''ID LAKE )
I, JANET H. SIRABIAN, hereby certlfy that I am the
duly elected, qualifled and acting VILLAGE CLERK of the Village
of Euffalo 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 Resolution No. 96-5 adopted qn th6 3rd 6sy q6
February , 1986, by the Village Board of the Village
of Buffalo Grove as s hovln by the records ln nry custody.
lN tTITNESS !rHERE0F, I have hereunto set my hand and
affixed the seal of the Village of Buffalo Grove aforesaid,
at said Vi I lage, in the County and State aforesaid, this 6r.h
day of February t o86
a9e er
Deputy Clerk
By
t u.i?ip.lity Buffalo Groi 'V)STATE OF ILLINOIS
OEPT OF TRANSPOfl]ATION
LOCAL AGENCY AGREEMENT
FOR FE
Phas e
DERAL PII En
This agrgemont is made and entered into tetween lhe above local ag€ncy (LA) and lha Slate of lllinois, acting by snd through ilr Dap!.tmsnt of
Transpodalion, hereinafter referred to as "STATE The STATE and LA joinlly propose to improve l he designated loc.tion as shown below. Tho
ihprovemenl shall be conslrucled rn accoroance wrlh plans approved by the STATE and the STATE s policies and procodures approvEd
andlor reqoired by the Unrled Slales Federal HrOhway Administration hereinaller reler.ed lo as FHWA
Name Arlington Heights Road
LOCATI
FAU 2
ON
626 Length MrlesRoute
Terminr Intersection At Dundee Road.
85-00039-00-cHSr
Towhship Fund Type
FAU
County Cook State Conlracl Oay Labor Local
9pntract
PROJECT DescriDtion €xisring Str No N/A
All Design (Phase II) Engineering and Right-Of-Way Acquisition required for a Project to
widen, channelize and othenrise improve the intersection.
SEE
TYPE OF WORK
Participating Construclion
Non-Panicip€ting Construction
Preliminary Engineering .
Consltuction Engrneerang
Rt ht ol Way
Railroads
Utiltles
Sub Tolal $
Othe. tunding Not lncluded Above
Source of Olher Funding:
Total ProJect Cost
NOTE
DIVISION OF COST
90 STATE
)$
)s
t$
)$
)$
)$
)$
LA TOTAL
$
$
s
$
$
$
)s
r$
)$
)$
)s
)$
l3
l$
)$
)s
)$
)$
)s
s $
$_
s
LOCAL AGENCY APPROPRIATION N R
The LA on 19--- - appropriated, by separate resolution $-. To pay the LA's share of the cost
and will in the luture appropriate addrtional funds r{ the amount appropriated proves to be insuflicient to cover the LA's share oI the cost
METHOD OF FINANCING (STATE CONTRACI WORK ONLY)
METHOD A .--Lump Sum (95'. of LA Obligatio.'S
The above costs and pgrcentages are approximate and subiecl to change. The porcent8ge(s) recorded and malntained by ths
STATE, will be ussd in the linal davision ot costs for billangs or reimburselnent.
lf funding is lump sum and not a perc€ntage ol the tolal. place an aslerisk in the appropriate space provided for entering percentagos.
Ths Federalshare ol construction engingering may not exceed 1O% ot lhe Federal share of lhe tinsl construction cost.
N/A
METHOD I Monthly Payments ot 5
-
METHOO C --- LA's share d'vrded by estimated total cost multiplEdl by actual progress payment
bove rnethods and th€ linancirE of Day Labor and Local Cont acts!
s
iSee page two {or detarls oi the a
AODENOUMS
Additional rnlorrnation and/or stipulations, rl any. a.e llgleby gltqcleq and dentrf'ed balow as bei.€ apan ol this agreenrnt.Add€ndum SEE PAGES 3, 4 and 5
APPROVED
o€P
llnsert NA, rl nol apptrcable) (lnsert addendum numbers or letters and page numbers. il apptrcablel
TheLA lunh€r agrees, as a condttton ol payment, that rt accepts and will comply wrth the appltcable provrslons set fonh on page two and allerhibis indicated Ebove
A PPROVED
Name !Jil liam R. Ba l1ing .TRANSPOR'I A TION
Trlle V111age Manager
OR OEPARTMENT USE ONLY
Rqhl-ol-Way
Number t Numbe.Pro
ConstrLrcl€n rneerl
ob Number t Number
E
P Job Numb€r Protecl Number
M-5003( 562 )R- 90-010- 86 M-6003(s64)
Srgnature x
P-91-376-85
RTME
Oart
!
STATE OF ILLINOIS
AGREEMENT PROVISIONS
THE LOCAL AGENCY AGREES
(1) To acqurre rn rts naftE all .€ht of way necessary tor lhrs trorecl rn accordancie wrth the r€quatc,tlents ot Titbs ll and lll of lttc Unilorm
Relocairon Assrstance. andReal Property Acqursrlron PolrcEs Acl o, tg7O. and 6tabhshed State pollcles and procedures P,ior to
advertrsrng for brds. the LA shall certrfy to the STATE lhat all requreFEnis o, Tilles ll and lll of said Unirotm Act have-been complbd
w'lh. and ihe drsoosrlron of encroachmenrs. 'l any wrll be cooperatvely delermrned by representalves of the LA. lhe STATE and th€
(2) To p,ovrde lor dtl ulltrlr adtlrst.nenls. and to regulate ihe use of lhe flght ol way ot thrs ,mprovemenl by ulrhlres. publc and prrvate. rn
accordance wrlh the aurrent Utrlrty Accommodatron PoIcy For Federal-Ard Work and MFJ Construction Prolecls lor County and Town-
shrp and Crly Streets rn llhnors,
(3) To provde for surveys and lhe preparatron ol plans tor the proposed rmprovenreht and engrneenng supervrsron dunng consttuctaon ot
the proposed rmprovement
14) To marntatn. 07 cause to be marntarned. the completed rmprovement and. when on a Federal-ad route, lo marntarn, or cause to tle maln-
tarned. the compleled r[lp.ovemenl th a manner satrslaclory to the STATE and lhe FHWA,
(51 To compty wrth all appllcau€ €recutwe Ord€rs and Federal Highways Acls pu.suant lo lhe EqualErnploymcnl Opgortunrt atd t{on-dis-
c mrnation Regulatrons requtred by the U S Deparlrnenl ol Ttanspo.lat@n
(6) To preserve and produce upoh request ol responsrble STATE or FHWA olfic'als all records for thrs ptorect for the purpose of an audit
lor a peiod of three years alter the tHWA paymenl ol the final voucher,
(71 Provrs@ns wrll be made, rl requtred, for the rmprovernenl ol any rarlioad-h€hway grade crossing and rarl crossing protection wllhin the
limrts of th€ proposed rmprovement,
(8) That larlure of the LA to comply wtth Federal requiren€nts may iesrrll rn the loss {partial or total) ol Federal partlcipat@n as determinod
by rhe FHWA.
(9) ISTATE Contracts Onlyl That lhe method of payrnent des8nared on page one will be as follows.
Merhod A- Lump Sum Payment Upon award ot the contracl ,or lhrs rmproverl€nt. the LA will pay fo the STATE, in alump sum,
an alllounl equal to 95 ol the LA s estrmaled obhgaton rncuned und€r thls Agreernen! and will p'ay ro tlE STATE the
remarnder oI the LA's obhgatron (rncludrng any nonparlrcrpatrng coslsl rn a lump sum. upon complelron oI the gto,ect
based upon final costs
Melhod B- Monthty Payrnenls Upon award of the coniract for thrs rmprovemenl. rhe LA wrll pay io the STATE. a specrled
amoL,nt each month lor an estrmated p€nod of months. or unlrl95 of lhe LA's estrmated obl€atron und€r lhe provlslons
ol the Agreement has been pard. and wrll pay to the STATE the remarnder ol the LA's obl€atron (rncludrng any nonpar-
lrcrpat'ng cosl) rn a lump sum. upon compleiron ol the propct based upon final cosls
Method C- Progress Pavmenls Upon .ecerpl of lhe contraclor's l[sl and subsequent progressrve brlls lor thrs lmprove.nenl, the
LA wrll pay to rhe STATE, an amounl equal to the LA s share ol the construclDn cosl drvded by the eslrmaled lotalcost,
muttrptred by lhe actual progress payment (approprlately adlusled for nonpartrcrpatrng costsl made tO the contractot unlll
lhe entrre ob[gatron rncurred under thrs Agreernenl has b€€n pad
(1Ol (Day Labor or Locat Conlracts Onlyl To provtde or cause to be p.ovrded all of the rnrtlai lundrng, work. labor. ttElenal and servEas
necessa.y to conslrucl ih€ complete proFcl
(t 1) (Preliminary Engineering Onlyl That in evenl right-of-way acquisilion or actual construction ofthe proiect lor which th6.prelimlnsry engi--
neering is'und;rt8ken;ith Fed€ral participation is not'startgd within five years following lhe dste of approval and aulhorization lo
proceod. the LA will repay th€ STATE any Federal lunds receivod undsr the le.ma of this agreemont.
THE STATE AGREES
(l I To prov'de such gutdance. assrstance and supervrsron and to monrtoi and pe orm audits to ertent nelessarY to assure valdlly of ihe
LA's certrfrcatron ot comphance wrth Trlles ll and lll requrernenls
12) (STATE Contracts Onlyl Jo recerve bds lor the constructDn of the proposed rmprovement when the plans have been approved by
the STATE (and FHWA. rl requrred),
(3) (STATE Conlract Only) To award a contract for constructron of the proposed rmprovement. afler recerpt o, a satrslactory bd and
after concur.ence In the award has teen recerved lrarm the LA (and FHWA rl requrred),
l4l (Day Labor or Local Contracts Only) To authorze the LA to proceed or concur rn the alyard tor lhe construcl@n of lhe rmprovemenl
when Agreed-Unrt Pnces are approved or satrslaclory bds are rocorved lor Local Conlracts
{5} (Day Labor or Local Contracts Onlyl To rermburse the LA lor thal porton of the cost payable from Federal-ad lunds and lhe STATE s
share basecl on the Agr€.ed Unrt Prrces and Engrneer's Payment Estrmates rn accordance wtth the Drvrs|on ol Cost on page one.
IT IS MUT UALL Y AGREED
ll l Thal th's agreemenl shall be nlll ahd vord rn the event lhat the FHWA does not approve the proposed rmprovemenel lo. Federal-atd
Parlrcrpalron and rn lhe evenl lhe conlracl coverlng lhe constructon work coniempiaied herern rs not award;d vvlthrn lhree years of thedale ol ereculron ol lhrs agreemenl(2) Thrs aqreement shalr t)e b,nd,nq upon the Oartres therr successors and assrgns
(3) h ls the polcy of the U S Departmenl of Transf,onatron that minonty busaness enterprises, as detnod rn 49 CFR parl 23. shall haye themaxrmum oppodunrty ro panrcrpare in the perrormance of contracts linanced an whole or in part rvrth Federal funds under thisagreemenl Consequently. the MBE requrrements ol 49 CIR pan 23 apply to thrs agregment
The STATE LA agr6es to ensure lhat mrnonly busrness enterp(ses, as defined in 49 CFR Part 23, have th€ maximum ogportlrnity to psr-licrpaie rn the perlormance of thrs agreement ln thrs regard the sTATE,LA shatt tak€ alt n;c"i"iwl"j r"r"onaule stepi. in accordjncewirh 49 CFR Part 23 . to ensure thal mrnonty busrness enterp.ises have the ,nar,-rm oppo.frnity to Jompeie for ana'peaorm porfio;;ol conlracts and subcontracts trnanc€d in whole or rn part erith Fsderal trna. prorioJ-r'nie. tt,l igi;#"ir The STATEILA shsll notdiscnmrnate on the basrs ot race. color, natronal ongrh. or s?r in ths srlectio"i"a i"iirrr,on oi
"on-tir-"ioi-o, "rO"onrracto13.
includingprocurement Ot mato.rals and leases ol equtpmel|l
The LA shall rnclud€ the Drovrsrons ol thrs "Policy" in ewry contiact, includrng procur"m€nt of materials and leas6 ot equrpmfitFarlure to carry oul the requrrements set fonh above shall constitute a breach o, thrs ag.ssment and may.rsull In tcrmrnatron ot theagroement or such remedy as deemed appropriate
BLn 4251 (REV. 6/83)
I
ADDE ND IJ}l
A. The Division of Costs shall be as follows:
Z STATL
AN A- _rNDrJM TO THE JOTNT VTLIACE_STAT\jREEMENT
FOR ?KOJECTS M-6003(562) AND U-5003(564) IN THE
VILLAGE OF BUFFALO GROVE, COOK COUNTY, ILLINOIS
''DIvISIoN oF CoSTS'':
Phase Il Engineering. . . .5 4L,424 (70.21)
Right-0f-Way:
Acquisition Costs-Dundee .$ 61,644 (70.21)
Acquisirion Cosrs-Arl.Hrs. $ 8,565 (70.2I)
Apprai sa 1s /Negor iar ion . . $__,!_ql_q (70.21)
Tocal (2 Projects) . . .0117,250
0 8,78b (14.895)
s26, r56 Q9.79)$()
$_-lr_l!l (l4.8e5)
036, r36
LA "1.
$ 8,788 (14.895) $
i()
$ 3,634 (29.19)
t_-1r-1:3 (14.8e5)
$13,614
TOTAL
59,000
i 87,800
$ rz,zoo
$ E, 000
$167,000
tr.
CHANGE S IN IIAGREEMENT PROVISIONS''
Under I'THE LOCAL AGENCY AGREES"
(4), (i), (9) and (10) are delered.
and (3) are revised to read a8 follorrs:
Itens (2),
Itens ( 1)B
(1) To acquire all right of rray (including temporary and peroanent
easements) necessary for this project in accordance xith chefo l loving requirenents:
(a) Said righr of way shall
vith Land Acquisition p
Ehe STATE, in the name
State forns which wil l
PurPose .
e acquired in accordance
ic ies and Procedures ofthe STATE, on standard
provided for thaE
b
o1
of
be
(b)No award of a conEract shall be Dade to cover con-sEruction of this project, or any part thereof,without lhere first having been made a titleapproval by the AcEorney General of Illinois oneach individual parcel of said right of way. theconsiderarion for shich exceeda IZ,SOU.OO,' i"_cluded within such c_gnstruction. A title approvalshall be nade by the STATE on each individuai par_cel of said right of way acquired rtrere the consi._deration is $2,500.00 or less. fn the event acqui_sition of said righe of nay is Uy "ona"rrr"fion,'then such action must be brought in che name oi ttreState by the AEtorney General and an AssistancAttorney General appointed by hin, The STATi r,riIIobtain, for the LA, the essiitant Attorney Cer,eraffron lhe Attorney General, The lA will a'eaf
-''--'
directly vith the Assistant Attorney General inalI condennation cases, and rill Uu-.""po.riiUi"for paying all costs incurrad by hin.
-3-
FHWA
(c )
(d) AII parties engaged in Ehe acquisirion of
righl of way shall be approved in advance
STATE.
e cost of said right of way sh include therlrchase price fhereof as well al-6he cost of
negoEiators, Special Assistant Attorneys General,
appraisals, title evidence, reLocation aasiEtance
and payments, property Eanateoent, and such legal
service as may be necessary to acquire said rightoi way.
said
by the
(e) Appraisals shall be reviered and a negotiating,
figure approved by the STAIE in advance of negotia-
cions for the purchase of said right of ray.
(f)Any phase of lhe Staters Relocation Assistance Pro-
cedures to be perfor8ed by any qualified agency
other than Ehe Stat.e shall be covered by separate
contractual agreement or agreeEenta rrith said
agency, and are subject to prior approval of Ehe
Division Administrator of the Federal Highway
Adoinistration.
(g) The 1,A shall furnish rhe STATETS Disrrict Engineer
Ehe original conveyance instruments and right of
way plat, including any temporary or pernanenE
easements, rrmediately after such docuaen!s are
properly recorded.
(3) To Eake the surveys and provide, either with ite orn forces or
through the services of a coopetent consulting engineering firn
approved by the STATE and che FHl,lA, for the preparalion of the
contract plans, specifications and esEioaEes for the proposed
projecr or projects (Phase lI Engineering).
following iteu is added:
To pay all approved costs which are deterrnined to be ineligiblefor Federal participation. The iEems lhaE result in any such
costs which are to be paid by Ehe 1,A shall be approved, wiEh the
involved cosEs specifically denoted in writing, by rhe l,Ars
i iIlage }lanager.
IlI. Under '|THE STATE AGREEST':
c The
(12)
A. Irems ( 2) ,(3), (4) and (5) are deleted.
revised to read as follors:B Item
( r)
( r)!5
To provide such guidance, assistance and supervision,
and perform audits, to lhe extenE necessary to assure
compliance with the STATETS Land Acquisition policies
cedures.
and rnon it or
the LArs
and Pro-
The
(6)
fol. ,ing itens are ,dded: \/\/
To request Federal participation in the cosr of rhe De6ign (phase
Il) Engineering and .Ri.ghr Of Uay Acquieition for the propo8edproject or projects, and to notify the LA to proceed rrhen the
FHWA authorizes said engineering or acquisition.
(7) To reimburse the LA for the STATE and Federal shares of Desrgn(Phase 1l) Engineering and Right Of Way Acquisition on the basisof periodic biIlings, provided said billi.ngs contain sufficientcost information and includes evidence of paymen! by the LA.
lV. Under "IT IS MUTUALLY AGREEDT':
A. Ltems (1) and (3) are delered,
B. The following item is added:
c
(4) Thar IreE (1I) under "TEE IOCA! AcENCy AGREES" shall not applyif the del8y in underiaking right of way acquisition or actualconstruction of the project is caused by the unavailability ofFederal, STATE and/or Cook County funds, and is noE Ehe fault oflhe LA.
-5-
{ 'orstar;lltr
,' rro lJ 1906
rdYf,ry@ffi.
I
I
I
STATE OF ILLINOIS
COUNTIES OF COOK AI.ID LAKE
l, JANET 11. SIRABIAN, hereby certlfy that I am the
duly elected, qualifled and acting VILLAGE CLERK of the Village
of Buffalo Grove, Counties of Cook and Lake, llllnois, and the
keeper of its seal and records.
I hereby further certify that the attached is a true
copy of Resolution 1s. 86-5 adopted on the 3rd day of
February 199, by the Vi I I age Board of the Vi I lage
of Buffalo Grove as s hovJn by the records ln nry custody.
lN WITNESS I./HERE0F, I have hereunto set rry hand and
affixed the seal of the Village of Buffalo Grove aforesaid,
at said Village, in the County and State aforesaid, this 6th
day of February ra86
a9e e
By c-?-Z-,,u.-Ly',-'
Deputy Clerk
)
)
)
lllino's Department of Tlqnsportation
23OO South Dirksen Pirkway/ Springlield, lllinois/62764
November 3, 1986
Buffalo Grove
Sect i on 85-00039-00-CH
Project M-6003(564) - Right-of-wav
Job No. R-90-0]0-86
Project M-6003(562) - Preliminary Engineering
Job No. P9l-276-85
Arlington Heights Road at Oundee Road
z{t
"ot.
\'
Ms. Janet M. Sirabi an
Vi 1l age Clerk
50 Raupp Blvd
Buffalo Grove, I l1i noi s 60090
Dear Ms. Sirabi an
The joint agreemnt for the subJect section was executed by the
departfl€nt on 0ctober 31, 1986.
Your copy of the executed agreerent is being returned herewith.
Very truly yours,
John l{. tlcCree
EnglnY7/Df Local Roads and Streets,--'/trti/*,
Loca'l ProJect Implementation Engi neer
cc-
Gregory P. Boysen, Dir. of Pub !lks.-'
R. 01ds - Attn: D. E. Henning. Burns - Attn: R. E. Stubbs. I,lehner Attn: R. i4. Harris
A. Janik Attn: Robert L. Plunk
. Kehl Attn: Sandy Meyer
d G. Campbell Attn: Dan Erwin
John
l.l.E
R. C
Dal e
E. J
Dav i
a"s'
*,,c