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1990-540 0 RESOLUTION NO. 90- 54 A RESOLUTION APPROVING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION RELATED TO SIDEWALK, BIKEWAY AND TURN LANE IMPROVEMENTS ON BUSCH PARKWAY IN THE AREA OF THE PACE PARK AND RIDE FACILITY LOCATED AT COMMERCE COURT WHEREAS, the Buffalo Grove Village President and Board of Trustees desire to implement the improvement of certain sidewalk, bikeway and turn lane facilities on Busch Parkway which have been identified by the Illinois Department of Transportation as being particularly beneficial and complementary to the Pace Park and Ride Facility located at Busch Parkway and Commerce Court; and, WHEREAS, an agreement with the Illinois Department of Transportation is necessary in order to utilize an Operation Green Light funding grant for the design and construction of these improvements; NOW, THEREFORE, BE IT RESOLVED by the Village President.and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows: 1. The agreement labeled, "Village of Buffalo Grove - Section 89- 00049 -01 -GL /Job No. C -91- 414 -90 /Lake County /12351" which provides for Operation Green Light funding to reimburse the Village of Buffalo Grove for the design and construction work involved with building approximately 1,100 linear feet of bikeway, 750 linear feet of sidewalk and modification of pavement markings for the delineation of a left turn lane on the east leg of Busch Parkway and Commerce Court 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: 6 - Marienthal Reid Shifrin Mathias O'Malley, Kahn NAYES: ABSENT: PASSED: APPROVED: 0 - None 0 - None December 17 , 1990 AFFROVED: ,. , 1990 Village President ATTEST: 1 An�.sJa _ � IL�.Cl- izfn.> Villa6l Clerk GPB:lm:J27 Village.of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C -91- 414 -90 Lake County 12351 AGREEMENT THIS AGREEMENT is entered into this 17th day of December ,A. D., 19 909 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 , in the County of Lake in the State of Illinois, hereinafter called the VILLAGE. WITNESSETH WHEREAS, the parties hereto, in order to facilitate the free flow of traffic and insure safety to the motoring public, are desirous of improving Busch Parkway at Commerce Court, by implementation of construction work consisting of pavement marking, sidewalk and bikepath and all other appurtenant items, said improvement to be identified as Section 89- 00049 -01 -GL and STATE Job No. C- 91- 414 -90 for Construction; Operation Green Light Project, and hereinafter referred to as the PROJECT; and WHEREAS the parties hereto are desirous of said PROJECT in that same will be of immediate benefit to the residents of the area and permanent in nature; and WHEREAS, the STATE and VILLAGE wish to avail themselves of certain funds appropriated from the Operation Green Light Fund to the Department of Transportation for this PROJECT. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: -1- Village of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C -91- 414 -90 Lake County 12351 1. The VILLAGE, agrees to make or cause to be made all surveys, prepare or cause to be prepared the plans, specifications and estimates, furnish the resident engineer together with the construction engineering, proportion- ing of materials and inspection during the construction of the improvement,provide acceptance sampling and testing of materials in accordance with the Standard Specifications for Road and Bridge Construction (hereinafter called the SPECIFICATION), Project Procedures Guide and methods prescribed by the STATE, and cause the PROJECT to be built in accordance with the approved plans, specifications and contract. 2. The STATE agrees to furnish off -site material inspection and testing, at sources normally visited by STATE inspectors. 3. Upon approval of the final plans and specifications by the STATE and the VILLAGE, the VILLAGE agrees to receive bids and award the contract for the construction of the PROJECT. 4. The disposition of encroachments, if any, shall be cooperatively determined by representatives of the VILLAGE and the STATE. -2- Village of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C -91- 414 -90 Lake County 12351 5. The VILLAGE will certify to the STATE that all necessary right -of -way has been obtained (if right -of -way is required) or that no additional right -of -way is required prior to the VILLAGE advertising.for bids of the PROJECT. 6. The VILLAGE agrees to exercise its franchise rights to cause private utilities to be relocated at no expense to the STATE. The STATE further agrees to regulate or cause to be regulated, on a continuing basis, the use of highway rights -of -way by utilities in the manner set forth in the current "Utility Accommodation Policy For All Federal -Aid Work and MFT Construction Projects on County and Township Highways and Municipal Streets in Illinois ". 7. The VILLAGE agrees to retain jurisdiction and maintenance of the completed improvement. 8. The parties hereto mutually agree that the estimated cost of the PROJECT is as follows: TYPE OF WORK STATE VILLAGE TOTAL Phase II Engineering 81100 -0- 82100.00 Phase III Engineering 21400 -0- 21400.00 Contract Construction 40,000 -0- 40,000.00 $50,500 -0- $50,500.00 -3- Village of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C- 91- 414 -90 Lake County 12351 The STATE agrees to pay a maximum amount of $ 50,500. for the PROJECT costs from Operation Green Light Funds. Any funds required to complete the PROJECT in excess of the $ 50,500. Operation Green Light Funds will be the responsibility of the VILLAGE. The STATE will reimburse the VILLAGE for its share of the construction costs upon receipt of the contractor's first and subsequent progressive bills for this PROJECT. The STATE will pay to the VILLAGE, an amount equal to the STATE's share of the construction costs divided by the estimated total cost, multiplied by the actual progress payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. The STATE shall reimburse the VILLAGE for Engineering Costs, upon receipt of invoices. 9. The VILLAGE agrees to maintain all PROJECT records and to make them available for review and /or audit by the STATE, during the PROJECT development and construction stages, and to retain said records for a period of three (3) years after final acceptance of the PROJECT. 10. This agreement and the covenants contained herein shall become null and void in the event the contract covering the construction work contemplated herein is not awarded prior to July 1, 1993. 11. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. -4- Village of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C -91- 414 -90 Lake County 12351 IN WITNESS WHEREOF, 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 17th day Of December , 19 90 . ATTEST: avut r VILLAGE CLE RK -5- VILLAGE OF BUFFALO GROVE By: VILLAGE PRESIDENT • Village of Buffalo Grove Section: 89- 00049 -01 -GL Job No. C -91- 414 -90 Lake County IN WITNESS WHEREOF, the parties have caused this executed in quintuplicate counterparts, each of which as an original by their duly authorized officers as of indicated. APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION / / d'-1' DIREXTOR OF ; DATE Agreement to be shall be considered the dates below STATE OF ILLINOIS ) 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 an true copy of Resolution 90 -54 adopted on the 17th day of December 1990 , 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 19th day of December 1990. Village Clerk By Deputy Villag Clerk RESOLUTION NO. 90-.54 A RESOLUTION APPROVING AN AGREEMENT WfTH THE ILLINOIS DEPARTMENT OF TRANSPORTATION RELATED TO SIDEWALK, BIKEWAY AND TURN LANE IMPROVEMENTS ON BUSCH PARKWAY IN THE AREA OF THE PACE PARK AND RIDE FACILITY LOCATED AT COMMERCE COURT WHEREAS, the Buffalo Grove Village President and Board of Trustees desire to implement the improvement of certain sidewalk, bikeway and turn lane facilities on Busch Parkway which have been identified by the Illinois Department of Transportation as being particularly beneficial and complementary to the Pace Park and Ride Facility located at Busch Parkway and Commerce Court; and, WHEREAS, an agreement with the Illinois Department of Transportation is necessary in order to utilize an Operation Green Light funding grant for the design and construction of these improvements; NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows: 1. The agreement labeled, "Village of Buffalo Grove - Section 89- 00049 -01 -GL /Job No. C -91- 414 -90 /Lake County /12351" which provides for Operation Green Light funding to reimburse the Village of Buffalo Grove for the design and construction work involved with building approximately 1,100 linear feet of bikeway, 750 linear feet of sidewalk and modification of pavement markings for the delineation of a left turn lane on the east leg of Busch Parkway and Commerce Court 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: NAYES: ABSENT: PASSED: APPROVED: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley, Kahn 0 - None 0 - None December 17 , 1990 ATTEST: 11 GLrsda � _ Vill Clerk GPB:1m:J27 1990 APPROVED: Village President