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2009-44I RESOLUTION NO. 2009 - 44 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR STATE PARTICIPATION IN THE VILLAGE WIDE CONTRACTUAL STREET MAINTENANCE PROJECT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a Local Agency /State Agreement for State participation with the Illinois Department of Transportation is a required prerequisite for receiving State Funds for the Village Wide Contractual Street Maintenance Project, NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, as follows: Section 1: The Agreement entitled "Local Agency /State Agreement related to the Village Wide Contractual Street Maintenance Project is hereby approved. Section 2: The Village President is authorized and directed to execute the Agreement. A copy of said Agreement is attached hereto and made a part hereof. AYES: 5 - Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 - None ABSENT: 1 - Berman PASSED: T) L. 7 2009 APPROVED: December 7 2009 APPROVED: Village President ATTEST: eA Villag Jerk GAENGINEER \Ord & Res \Res09 -7.doc IN Illinois Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois / 62764 August 31, 2010 Janet M. Sirabian Village Clerk 50 Raupp Blvd. Buffalo Grove, IL 60089 Subject: Village of Buffalo Grove Section 09- 00099 -00 -RS Job No. C -91- 210 -10 Dear Ms. Sirabian: 0 V M I( FP -7 2010 The attached joint agreement for the subject section was executed by the department on August 24, 2010. Sincerely, Darrell W. Lewis, P. E. Acting Engineer of Local Roads and Streets Attachment cc: Richard Kuenkler, Municipal Engineer Diane O'Keefe Attn: Christopher Holt Joanne Woodworth, Acting Attn: Project Control Jeff South Local Agency Village of Buffalo Grove Section 09- 00099 -00 -RS Illinois Department of Transportation Local Agency /State Agreement Job Number - Construction C 91- 210 -10 Job Number- Engineering /ROW This Agreement is made and entered into between the above local agency hereinafter referred to as "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. Location Local Name Various Streets (See Exhibit Termini various Current Jurisdiction LA Route Project Description Length 17,539 ft Grind and overlay of various streets within the Village, including curb and gutter and sidewalk repair, and parkway restoration. Division of Cost Type of Work STATE LA Total Participating Construction 462,000 1,301,212 1,763,212 Non - Participating' Construction Preliminary Engineering 0 Construction Engineering 0 Right -of -Way 0 0 TOTAL $462,000 $ 0 $1,301,212 $1,763,212 Note: State (ERP) Participation 100% not to exceed $462,000.00. LA Cost to be paid with MFT funds. Payment Method (check one): ❑ Upon award of the project and request of payment from the LA, the STATE will pay the LA 100% its share of the project costs. ® Upon execution of the construction contract and request of payment from the LA, the STATE will pay the LA 95% of its share of the project costs. The remaining 5% will be paid to the LA upon receipt of the final invoice. ❑ The STATE will reimburse the LA for the STATE share of the project on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA Printed 11/2/2009 Page 1 of 3 BLR 05323 (Rev. 07/21/09) Agreement Provisions 1. It is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax standards, policies and procedures. 2. The LA will certify to the STATE that all necessary right -of -way, temporary and permanent easements, and temporary use permits have been obtained or are not required, prior to the LA advertising for bids for the PROJECT. 3. The PROJECT will be let and awarded by the LA upon approval of the plans and specifications by the STATE. 4. The LA agrees to retain jurisdiction and to maintain or cause to be maintained the completed PROJECT in a manner satisfactory to the STATE unless otherwise specified by addendum. 5. Upon approval of the final plans and specifications by the STATE and the LA, the LA agrees to accept bids and award the contract to the lowest responsible bidder after receipt of a satisfactory bid and concurrence in the award has been received from the STATE. If necessary the LA agrees to provide, or cause to be provided, all of the initial funding necessary to complete the project subject to reimbursement by the STATE. The LA shall maintain, for a minimum of 3 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 the Department. The LA agrees to cooperate fully with any audit conducted by the Auditor General and the Department and to provide full access to all relevant materials. 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 contract of which adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). 8. Upon completion of this phase of the project, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the project. If a final invoice is not received within one year of completion of this phase of the project, the most recent invoice may be considered the final invoice and the obligation of funds closed. 9. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available funds for the work contemplated herein. 10. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Local Agency Section Village of Buffalo Grove 09- 00099 -00 -RS Printed 11/2/2009 Page 2 of 3 BLR 05323 (Rev. 07/21/09) EXHIBITS Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement. Exhibit A — List of Various Streets included in Project Exhibit B —Location Map The LA fu rther agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED Local Agency Elliot Hartstein (Print or Type Name) Village President ( eafd Qha+rpeFssn/Maysr /Village President/ets.) / 2/07/2009 (Signature) Date TIN Number 36- 2525051 NOTE: If signature is by an APPOINTED official, a resolution said appointed official to execute this agreement is required. APPROVED State of Illinois Department of Transportation nnig, Seg(etaryft Transportatio r Date By: Delegate's Signature) (Delegate's Name - Printed) ChrisReed, i or of Highwa s/ ieflEngineer Date (71 Al C� Elie J. Schanzle- Haskins, Chief Counsel , Date E l M tthew q. Hughes, Actirig Dire or of Finance and Ad inis ation Date Local Agency Section Village of Buffalo Grove 09- 00099 -00 -RS Printed 11/2;2009 Page 3 of 3 BLR 05323 (Rev. 07/21/09) VILLAGE OF BUFFALO GROVE, ILLINOIS 2010 STREET IMPROVEMENTS SECTION 09- 00099 -00 -RS EXHIBIT A PROJECT DESCRITION Street Limits Knollwood Drive Thompson Boulevard to Oxford Drive Oxford Drive Knollwood Drive to end Woodstone Circle Woodstone Drive to Woodstone Drive Woodstone Drive Weiland to Woodstone Circle Brandywyn Lane Coventry Lane Coventry Court London Court Dover Court Brandywyn Lane Brandywyn Court LeJardin Court Old Oak Drive Old Oak Court West Old Oak Court East Aptakisic Road to Com Ed Row Brandywyn Lane to end Coventry Lane to end Brandywyn Lane to end Brandywyn Lane to end Deerfield Parkway to Thompson Boulevard Brandywyn Lane to end Armstrong Drive to end Buffalo Grove Road to end Old Oak Drive to end Old Oak Drive to end G: \ENGINEER \STRMAINT \YEAR 2010.doc VILLAGE OF BUFFALO GROVE ILLINOIS ......2010 STREET IMPROVEMENT PROJECT EMERGENCY REPAIR PROGRAM (VARIOUS LOCATIONS) M.F.T. SECTION 09- 00099 -00 -RS COOK AND LAKE COUNTIES LOCATION MAP (NOT TO SCALE) VERNON & WHEELING TOWNSHIP GROSS LENGTH Of IMPROVEMENT = 15.844 LF OR 3.00 MILLS NET LENGTH OF IMPROVEMENT = 15.844 LF OR 3.00 MILES