1993-10RESOLUTION 93- 10
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF
THE APTAKISIC ROAD (BUFFALO GROVE ROAD TO BOND STREET) STREET IMPROVEMENT
WHEREAS, the Village Board desires to implement the Aptakisic Road
(Buffalo Grove Road to Bond Street) Street Improvement; and,
WHEREAS, the approval of an intergovernmental agreement is required
in order to proceed with the construction of the improvement;
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 with the Illinois Department of Transportation, the County
of Lake and other involved governmental agencies related to the
construction of the Aptakisic Road (Buffalo Grove Road to Bond Street)
Street Improvement is hereby approved.
2. The Village President and Village Clerk are hereby authorized and
directed to execute said agreement. A copy of said agreement is
attached hereto and made a part hereof.
AYES: 5 - Marienthal, Reid, Kahn, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: February 16 , 1993
APPROVED: February 16 1993
ATTEST:
VilqAe Clerk
G93A68
Agenda Item
STATE OF ILLINOIS )
SS
COUNTY OF L A K E )
"
L J I
County Clerk
County Board
Finance
Treasurer
Transportation (2) cert.
Certified to be a true copy of
Records of the Lake County
COUNTY BOARD, COUNTY OF LAKE, ILLINOIS FEB 91993 APPROVE-D
ADJOURNED ANNUAL SEPTEMBER SESSION, A.D. 1992
8 ! :o G y & i
TUESDAY, FEBRUARY 9, 1993 Of �.._x_�.� a,.,t„li,, , ,� iii;is 15 affixed
MR. CHAIRMAN AND MEMBERS OF THE COUNTY BOARD: `-o ".1. 444--
Va "�i VOICE VOTE
Your Public Service Committee and Financial & AdminFtr444ViQCrminittee
present herewith the attached Resolution authorizing the Chairman of the
County Board, the County Clerk and the County. Engineer to execute a joint
agreement, for the use of federal highway funds, among the State of Illinois,
the County of Lake, the Village of Buffalo Grove and the Village of
Lincolnshire for the widening of Aptakisic Road (County Highway 33) from
approximately 700 feet west of Buffalo Grove Road to approximately 200 feet
east of Bond Street and designated as Section 92- 00088- 10 -PV. This resolution
also appropriates $925,000.00 from the County's Motor Fuel Tax fund for the
County's share of this improvement.
We RECOMMEND adoption of this Resolution.
Respectfully submitted,
R E S O L U T I O N
WHEREAS, the free flow of traffic along Aptakisic Road (County Highway 33)
is beneficial to the safety and welfare of the State of Illinois, the County of
Lake, the Village of Buffalo Grove and the Village of Lincolnshire; and
WHEREAS, the State of Illinois, the County of Lake, the Village of Buffalo
Grove and the Village of Lincolnshire feel that it would be beneficial to the
safety and welfare of the motoring public if Aptakisic Road from approximately
700 feet west of Buffalo Grove Road to approximately 200 feet east of Bond Street
could be improved by reconstructing, widening, and by providing curb and gutters,
storm sewer, modernization of traffic signals at Buffalo Grove Road, Prairie
Road, Weiland Road and Bond Street and other highway and drainage improvements
and by performing all other work necessary to complete the improvement in
accordance with the approved plans and specifications; and
WHEREAS, the State of Illinois, the County of Lake, the Village of Buffalo
Grove and the Village of Lincolnshire are desirous of entering into an agreement
for the above - proposed improvement setting forth the terms and obligations to
each agency and entity.
NOW, THEREFORE BE IT RESOLVED that the Chairman of the County Board, the
County Clerk and the County Engineer of the County of Lake, State of Illinois,
be authorized and they are hereby directed to execute an agreement pertaining to
the financing of the above -named improvement, providing in the opinion of the
Public Service Committee, if necessary, said agreement in its final form
substantially conforms to the draft attached hereto. The County Engineer shall
transmit in writing the final agreement to be executed by the Chairman of the
Lake County Board and the County Clerk and given plan and specification approval
to the Illinois Department of Transportation.
BE IT FURTHER RESOLVED that there is hereby appropriated the amount of
$925,000.00 from the County's Motor Fuel Tax fund for the County's portion of
this improvement, designated as Section 92- 00088- 10 -PV.
BE IT FURTHER RESOLVED that copies of this agreement when executed in its
final form be submitted to the Illinois Department of Transportation for their
approval and final processing.
Dated at Waukegan, Illinois,
this 9th day,of February 1993.
M
Ike County: 92- 00088 -10 -PV
Municipality . Section Buffalo Grove: 92-00060-00-PV
Illinois Department- _
Township Of Transportation Fund Type
STO
County Local Agency Agreement State contract Day Labor Local Contract RR Force Account
Lake For Federal Participation z
This Agreement is made and entered into between the above local agency (LA) and the State of Illinois, acting by and through its Department of Transpor-
tation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as shown below. The improvement shall
be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and /or required by the United States
Federal Highway Administration hereinafter referred to as FHWA.
Location
Name Aptakisic Road Route FAU 1258 Length 1.5 Miles
Termini Buffalo Grove Rd. to W. of Barclay Blvd. .
Roadway widening and reconstruction;
gutter; paved shoulders; sidewalk.re
of Aptakisic Road at Buffalo Grove
thermoplastic pavement markings and
Project Description
Existing Str. No. N/A
storm sewers and drainage improvemtents; curb and
moval and replacement; traffic signal modernization
Road, Prairie Road,.Weiland Road and Bond Street;
all incidental work.
Local Agency Appropriation
The LA on9 , 191-3 , appropriated, by separate resolution, ordinance or road improvement statement, $ 9.Z.S. dod.Od
to pay the LA's share of the cost and will appropriate additional funds, if required to cover the LA's total cost. LA's share of the cost to be
paid with ZK MFT Funds. ❑ Other Funds.
Method of Financing (State Contract Work) *Lake County 828,05
*Buffalo Grove: $ 77,550
METHOD A -- -Lump Sum (95% of LA Obligation) $ *Linconshire $ 16, 000
METHOD B -- Monthly Payments of $
METHOD C z LA's Share $ * divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
For Department Use Only
Construction
Division of Cost (See sheet 2 )
Right -of -Way
Type of Work FHWA
% State %
LA %
Total
Participating Construction .................. $
( )$ (
)$ (
)$
Non - Participating Construction .......... $
( )$ (
)$ (
)$
Preliminary Engineering ..................... $
( )$ (
)$ (
)$
Construction Engineering ...................$
( )$ (
)$ (
)$
Right of Way ....... ............................... $
( )$ (
)$ (
)$
Railroads ............. ............................... $
( )$ (
)$ (
)$
Utilities ................ ............................... $
( )$ (
)$ (
)$
Sub Total $
$
$
$
Other Funding Not Included Above ................... ..............................$
Source of Other Funding:
TotalProject Cost .................................................................................................:..........................
...............................
$
NOTE: The above costs and percentages are approximate and subject to change.. The percentage(s) recorded and maintained by the
STATE, will be used in the final division of costs
for billings and reimbursements.
If funding is lump sum and not a percentage of
the total, place,an asterisk in the space provided for the percentages. The Federal share of construction engineering
may not
exceed 15% of the Federal share of the'fihal construction cost. .
Local Agency Appropriation
The LA on9 , 191-3 , appropriated, by separate resolution, ordinance or road improvement statement, $ 9.Z.S. dod.Od
to pay the LA's share of the cost and will appropriate additional funds, if required to cover the LA's total cost. LA's share of the cost to be
paid with ZK MFT Funds. ❑ Other Funds.
Method of Financing (State Contract Work) *Lake County 828,05
*Buffalo Grove: $ 77,550
METHOD A -- -Lump Sum (95% of LA Obligation) $ *Linconshire $ 16, 000
METHOD B -- Monthly Payments of $
METHOD C z LA's Share $ * divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
For Department Use Only
Construction
Engineering
Right -of -Way
Job Number
Project Number
Job Number
Project Number
Job Number
Project Number
C- 91- 219 -92
STPM- 6003(979)
Page 1 of 3
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I
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM- 6003(979)
63731
I. . DIVISION OF COST: See page.2.
II. THE VILLAGES AND COUNTY AGREE:
(1) To provide for all utility adjustments, and to regulate the use of the
right -of -way of this improvement by utilities, public and private, in
accordance with the current Utility Accommodation Policy For Local
Agency Highway and Street Systems.
(2) To comply with all applicable Executive Orders and Federal Highways
Acts pursuant to the Equal Employment Opportunity and
Non - discrimination Regulations required by the U.S. Department of
Transportation.
(3) To maintain, for.a minimum of 5 years after the completion of the
contract, adequate books, records, and supporting documents to verify
the amounts, recipients, and uses of all disbursements of funds
passing in conjunction with the contract; the contract and all books,
records, and supporting documents related to the contract shall be
available for review and audit by the Auditor General; and the VILLAGE
and COUNTY agree to cooperate fully with any audit conducted by the
Auditor General.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 for which adequate books, records, and supporting
documentation are not available to support their purported
disbursement.
(4) The failure of VILLAGES and COUNTY to comply with Federal requirements
may result in the loss (partial or total) of Federal participation as
determined by the FHWA.
-3-
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM - 6003(979)
63731
(5) To.pay.their respective financial contributions as follows:
The VILLAGES and COUNTY,: =upon receipt of.the Contractor's first and
subsequent progressive bills, will pay to the STATE an amount equal to
their share of the construction cost, divided by the estimated total
cost, multiplied by the actual progress payment (appropriately
adjusted for nonparticipating costs), until their entire obligation
has been paid.
(6) That execution of this agreement constitutes the VILLAGE'S and
COUNTY'S concurrence in the award of the construction contract to the
responsible low bidder as determined by the STATE..
(7) To have parking in accordance with the approved project report and be .
responsible for maintenance of all crosswalk and stopline markings and
maintenance of the mast arm cross street signing facing VILLAGES or
COUNTY maintained streets within their respective jurisdiction.
(8) To exercise their rights reserved under franchise granted to private
utilities to cause private utilities to.be relocated 'at no expense to
the STATE.
(9) Upon completion of the improvement and final inspection by the STATE
the VILLAGES and COUNTY shall maintain or cause to be maintained, in a
manner satisfactory to STATE and FHWA, their respective portions of
the improvement in accordance with established jurisdictional
authority.
NE42
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM- 6003(979)
(10) To the best of their knowledge and belief their officials:
(a) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by-any Federal department or agency;
(b) have not within a three -year period preceding this AGREEMENT been
convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain or performing.a public (Federal,
State, or local) transaction or contract under a public.transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, local)-with
commission of any of the offenses enumerated in item (2) of this
certification;
(d) have not within a three -year period preceding this AGREEMENT had one
or more public transactions (Federal, State, local) terminated for
cause or default;
III. THE STATE AGREES!
(1) To provide independent assurance sampling,.to furnish off -site
material -'inspection and testing, at sources normally visited by State
inspectors of steel, cement, aggregates, structural steel and other
materials customarily tested by the State.
(2) To reimburse the COUNTY for the FHWA share of construction engineering
on the basis of periodic billings, provided each bill includes
evidence of payment.
-5-
Lake County /Aptakisic Road
Lake County Section: 92.- 00088 -10 -PV
Project No.: STPM- 6003(979)
IV. THE COUNTY AGREES:
(1) To provide for surveys and the preparation of plans for the proposed
improvement and engineering supervision during construction of the
proposed improvement, including acceptance sampling and testing of the
materials in accordance with the specifications, Project Procedures
Guide and methods prescribed by the State:
V. THE VILLAGES AGREE:
(1) That they will reimburse their share of construction engineering to
the COUNTY.
IV. IT IS MUTUALLY AGREED:
(1) That this agreement shall be null and void in the event that the FHWA
does not approve the proposed improvement for Federal -Aid
Participation and in the event the contract covering the construction
work contemplated herein is not awarded within three years of the date
of execution of.this agreement.
.(2) It is the policy of the U.S. Department of Transportation that
minority business enterprises, as defined in 49 CFR Part 23, shall
have the maximum opportunity to participate in.the performance of
contracts financed in whole or in part with Federal funds under this
agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply
to this agreement.
The STATE, COUNTY and VILLAGES agree to ensure that minority
business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of this agreement. In
this regard the STATE, COUNTY and VILLAGES shall take all necessary
and resonable steps, in accordance with 49 CFR Part 23, to ensure that
-6-
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM - 6003(979)
minority business enterprises have the maximum opportunity to compete
for and perform portions of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement.
The STATE, COUNTY.and VILLAGES shall not discriminate on the basis of
race, color, national origin, or sex in the selection and retention'of
contractor or subcontractor, including procurement of materials and
leases of equipment.
The STATE, COUNTY and VILLAGES shall include the provisions of this
"Policy" in every contract, including procurement of materials and
leases of equipment. Failure to carry out the requirements set forth
above shall constitute a breach of this agreement and may result in
termination of the agreement or such remedy as deemed appropriate.
This Agreement shall be administered under the provisions of the
STATE'S federally approved Disadvantaged Business Enterprise Program.
(3) All traffic control equipment to be used in the traffic signal work
included herein must be approved by the STATE prior to its
installation. The STATE must be notified a minimum of three (3)
working days prior'to the f.in'al inspection. Final inspection of-the
signalized intersection will be made by a representative of the STATE
and, if satisfactory; authorization for turn on will be given.
(4) Upon acceptance by the STATE of the traffic signal work on Aptakisic
Road at Buffalo Grove Road, Prairie Road, Weiland Road and Bond
Street, the financial responsibility for maintenance and electrical
energy for the operation of the signals shall continue to be as
outlined in a prior agreement between the COUNTY and the VILLAGES.
-7-
• o
Lake County /Aptakisic Road
Lake County Section: 92- 00088 -10 -PV
Project No.: STPM- 6003(979)
The COUNTY will maintain the traffic signals and retains the right to
control the sequence and timing of the.traffic signals and signal.
system at these-locations...
It is mutually agreed that the financial responsibility for the
maintenance of the "Opticom" equipment shall be as per prior agreement
between the COUNTY and the VILLAGES.
(5) This agreement and covenants contained herein shall be binding upon
and inure to the benefit of the parties hereto, their successors and
assigns.
Lake County /Aptakisic Road
Lake County Section: 92.- 00088 -10 -PV
Project No.: STPM- 6003(979)
ADDENDUM 4t1
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Sidney Mathias - Village President, hereby certify on behalf of Village
of Buffalo Grove that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of.
Congress, an officer or employee of Congress, or any employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing'or- attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance
is placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000. and not more than $100,000. for each such
failure.
Exe
By:
Village President
title of authorized official
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM - 6003(979)
ADDENDUM #2
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
L a pJknoL
I, Barbara LePleftee - Mayor, hereby certify on behalf of Village of
Lincolnshire that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a
Member of Congress in connection with the awarding of any-Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subcontracts,.subgrants•, and contracts under grants, loans
and cooperative agreements) and.that all subrecipients shall certify
and disclose accordingly
This certification is a material representation of fact upon which reliance
is placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31., U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000. and not more than $100,000. for each such
failure.
Executed this Qr a day of "IL e. a
By:
Mayor
title of authorized official
-10-
1993.
Lake County /Aptakisic Road
Lake County Section: 92- 00088 -10 -PV
Project No.: STPM - 6003(979)
ADDENDUM #3
CERTIFICATION
OF
RESTRICTIONS ON LOBBYING
I, Robert W. Depke - County Board Chairperson, hereby certify on behalf
Lake County, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence an officer or.employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any.person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subcontracts,.subgrants, and contracts.under..grants, loans
and cooperative agreements) and that all.subrecipients shall certify
and disclose.accordingly.
This certification is a material representation of fact upon which reliance
is placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. An
fails to file the required certification shall be subject to
penalty of not less than $10,000. and not more than $100,000.
failure.
Executed this d=arrlf �� , 1993.
By:
Sionature o ficia
Coun t Board Chairperson
title of authorized official
Any
-11-
person who
a civil
for each such
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM - 6003(979)
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.
ATTEST:
VILLAGE CLERK
-12-
VILLAGE OF BUFFALO GROVE
Date
Lake County /Aptakisic Road
Lake County Section: 91- 00088 -10 -PV
Project No.: STPM- 6003(979)
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.
ATTEST: .
'�,J A'0- &
VILLAGE. CLERK
�13-
VILLAGE OF LINCOLNSHIRE
Date
MAYOR
Lake County /Aptakisic Road
Lake County Section: 92- 00088 -10 -PV
Project No.: STPM- 6003(979)
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.
Recommended for Execution
1�
Engineer County
(SEAL)
Mra
-14-
THE COUNTY OF LAKE
By:
County Board Chairperson
Date:_ -/D las
Lake County /Aptakisic Road
Lake County Section: 92.- 00088 -10 -PV
Project No.: STPM- 6003(979)
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.
APPROVED BY STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
BY:
DIRECTOR OF HIGHWAYS
DATE
-15-