2000-42RESOLUTION NO. 2000- 42
A RESOLUTION APPROVING AN AGREEMENT PROVIDING FOR
SUPPLEMENTAL FUNDING
FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR THE ILLINOIS ROUTE 83 BIKEWAY OVERPASS IMPROVEMENT
AT FARRINGTON DRIVE
WHEREAS, the Village of Buffalo Grove is engaged in the
implementation of the Illinois Route 83 Bikeway Overpass Improvement at Farrington
Drive; and,
WHEREAS, previous agreements established funding commitments from
other parties, including the Buffalo Grove Park District, Buffalo Grove Rotary Club and
the Illinois Department of Natural Resources; and,
WHEREAS, additional supplemental funding has been committed to and
the formal establishment of this funding commitment requires approval of an agreement
with the Illinois Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO
GROVE, COOK AND LAKE COUNTIES, as follows:
1. The attached agreement with the Illinois Department of Transportation
concerning the Illinois Route 83 Bikeway Overpass at Farrington Drive
Improvement is hereby approved.
2. The Village President and Village Clerk are hereby authorized and
directed to execute said agreement, a copy of which is attached hereto and
made a part hereof.
AYES: 5 - Marienthal, Braiman, Hendricks, Glover,Berman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: July 17 , 2000
APPROVED: July 17 92000
Approved:
ATTEST: Village President
Village Clerk
G:\PWDIRGRP\LHCkl3lKEWAYS\0700res.doc
AGREEMENT.
THIS AGREEMENT entered into. this day of A.D., by
and between the STATE OF ILLINOIS, acting -by ; and through -its DEPARTMENT OF
TRANSPORTATION, hereinafter called the STATE, and the Village of Buffalo Grove, County
of Lake, of the State of Illinois, hereinafter called the VILLAGE.
WITNESSETH:
WHEREAS, the STATE and the VILLAGE, in order to facilitate the free flow of traffic
and ensure safety to the motoring public, are desirous of improving Illinois Route 83 (FAP Route
344), McHenry Road at Farrington Drive, known as FAP Route 344, State Section: 44I -1, State
Job No. C -91- 203 -00, Village Section:' , by making the following
improvements in accordance with the scope of work generally defined as, but not limited to, the
engineering and construction of a pedestrian— bicycle overpass; and
WHEREAS the VILLAGE has agreed to become the lead agency in this project; and
WHEREAS; the STATE is agreeable to participation in its proportionate share of the
costs associated with the pedestrian bicycle overpass; and
WHEREAS, the STATE and the VILLAGE are desirous of said improvement in that
same will be of immediate benefit to the VILLAGE residents and permanent in nature;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The VILLAGE agrees to make the surveys, prepare plans and specifications, receive
bids, award the contract, furnish engineering inspection during construction, and cause
the improvement to be built in accordance with the plans, specifications, and contract.
2. The VILLAGE also agrees to pay, or provide for the payment of construction and
engineering costs subject to reimbursement by the STATE as hereinafter stipulated.
3. The STATE agrees to reimburse the VILLAGE for the actual cost of the construction of
the pedestrian- bicycle overpass up to a maximum amount of $166,000.
4. Upon execution of this Agreement, proof of award of the contract for this improvement,
and receipt of an invoice, the STATE will pay to the VILLAGE an amount equal to 95%
of its obligation incurred under this Agreement, and will pay to said VILLAGE the
remainder of its obligation upon completion of the project and receipt of an invoice based
upon final costs up to a maximum of $166,000.
-2-
5. The STATE agrees to send a letter, prior to the PILLAGE advertising for the work to be
performed hereunder, approving the plans and specifications -as prepared.
6. The VILLAGE shall exercise its franchise right to cause private utilities to be relocated at
no expense to the STATE.
7. The VILLAGE agrees to cause its utilities located on right of way acquired by the
STATE or installed within the limits of a roadway after the said roadway was taken over
for maintenance by the STATE, to be relocated and/or adjusted, if necessary, at no
expense to the STATE.
8. The VILLAGE agrees to obtain from the STATE, an approved permit for the facility, and
to abide by all permit conditions associated therewith.
9. Upon completion of the improvement and final field inspection by the STATE, and so
long as Illinois Route 83 is used as a STATE highway, the STATE agrees to maintain, or
cause to be maintained, the median, the through traffic lanes, the left turn and right turn
lanes, and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes.
The STATE will be responsible for the maintenance of lane line and median line
markings.
-3-
10. Upon completion of the improvement, the VILLAGE agrees to maintain, or cause to be
maintained, the pedestrian- bicycle. overpass in its entirety.
11. The VILLAGE agrees to assume responsibility for the administration, control,
reconstruction, and maintenance of the pedestrian- bicycle overpass in its entirety. The
VILLAGE further agrees to indemnify and -hold harmless the STATE, its officers,
employees, and agents from any and all claims, lawsuits, actions, costs, and fees
(including reasonable attorney fees and expenses) of every nature and description arising
from, growing out of, or connected with the construction and/or operation of the
pedestrian- bicycle overpass.
12. The VILLAGE agrees to provide the STATE with a copy, of the "As -Built Plans"
13. The VILLAGE shall maintain, for a minimum of three years after the completion of the
Project, adequate books, records, and supporting documents to verify the amounts,
recipients, and uses of all disbursements of funds passing in conjunction with this
Agreement. All books, records, -and supporting documents related to the Project shall be
.available for review and audit by the Auditor General and other STATE Auditors, and the
VILLAGE agrees to cooperate fully with any audit conducted by the Auditor General and
other STATE Auditors, and to provide full access to all relevant materials.
-4-
.14. The VILLAGE agrees to comply with all applicable. Executive, Orders and Federal
Highway Acts pursuant to the Equal Employment Opportunity and non - discrimination
regulations required by the Illinois Department of Transportation.
Obligations of the STATE will cease immediately without penalty or further payment
being required if, in any fiscal year;. the Illinois General Assembly or Federal funding source
fails to appropriate or otherwise make available funds for this contract.
THIS AGREEMENT, and the-covenants contained here
in ,shall become null and void in
the event the contract covering the construction work contemplated herein is not awarded within
3 years subsequent to execution of this'Agreement..
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto,
their successors and assigns.
Village of Buffalo Grove
By�' /' ��
President
Date:. al C-�200"
ATTEST:
Village Clerk
(SEAL)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
S:\DES\Mgrl \ WP\ Projsupp \AGMTS\ii83buffalogroveagrmt.doc
VILLAGE OF
BUFFALO GROOVE
Fifty Raupp Blvd.
Buffalo Grove, IL 60089.2196
Fax 847 - 459 -0332
Janet M. Sirabian
Village Clerk STATE OF ILLINOIS )
847 - 459.2511
COUNTIES OF LAKE AND COOK )
I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and
acting Village Clerk of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the
keeper of its seal and records.
I hereby further certify that the attached is a true copy of Resolution No.2000 -42
adopted on the 17th day of Jam, 2000 by the Village Board of the Village of Buffalo Grove
as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Village of Buffalo Grove aforesaid, at the Village, in the County and State aforesaid, this 25th
day of July , 2000.
r
Village C erk
By vLe- 6�e 044e
Deputy Village Clerk