1996-40•
RESOLUTION 96- 40
•
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT RELATED TO THE RIGHT -OF-
WAY ACQUISITION FOR THE BUSCH PARKWAY AND DEERFIELD PARKWAY INTERSECTION
IMPROVEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
1970; and,
WHEREAS, the Village President and Board of Trustees desire to implement an improvement to the
intersection of Busch Parkway and Deerfield Parkway; and,
WHEREAS, the Northwest CATS Council of Mayors has authorized Federal funding for a portion of the
right -of -way acquisition costs for an improvement at the intersection of Busch Parkway and Deerfield Parkway;
and,
WHEREAS, the State's policies and procedures require an agreement with the State, in order to utilize the
funding which had been authorized by the Northwest CATS Council of Mayors;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1: The "Local Agency Agreement for Federal Participation" related to the
right -of -way acquisition for the Busch Parkway and Deerfield Parkway Intersection Improvement 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.
Section 3: This Resolution shall be in full force and effect from and after its
passage and approval.
AYES: 6 — Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 — None
ABSENT: 0 — None
PASSED: July 1, , 1996.
APPROVED: July 1 _ , 1996 �-•,
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• t
Local Agency Section
• �) Illinois Department 89- 00049 -00 -RP
Buffalo Grove (V) of Transportation Fund Type STU
Local Agency Agreement State Contract Day Labor Local Contract RR Force Account
For Federal Participation t X
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 Busch Parkway Route FAU 1257 Length Miles
Termini ILL Rte. 83 to ILL Rte. 21
Current Jurisdiction Local
Project Description
Existing Stir. No. N/A
Land Acquisition and concomitant services for the roadway reconstruction project.
Division of Cost
Type of Work FHWA % State
% LA
% Total
Participating Construction .................. $ ( )$ (
)$ (
)$
Non - Participating Construction .......... $ ( )$ (
)$ (
)$
Preliminary Engineering .....................$ ( )$ (
)$ (
)$
Construction Engineering ...................$ ( )$ (
)$ (
)$
Right of Way ........ ..............................$ 366,400. ( 50.0)s (
)$ 366,400. (
50.0 )$ 732,800.
Railroads .............. ..............................$ ( )$ (
)$ (
)$
Utilities ................ ............................... $ ( )$ (
)$ (
)$
Sub Total $ 366,400.* $
$ 366,400.
$ 732,800.
Other Funding Not Included Above ................... ..............................$
Source of Other Funding:
732,800.
TotalProject Cost ............................................................................................................................
..............................$
* Maximum Federal Participation
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 cost for billing and reimbursement.
If funding is 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 final construction cost.
Local Agency Appropriation
The LA on May 6 , 19 -2-6, appropriated, by separate resolution, ordinance or road improvement statement, $ 450,000.00
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 ❑ MFT Funds. ® Other Funds.
Method of Financing (State Contract Work)
METHOD A -- -Lump Sum (95% of LA Obligation) $
METHOD B - -- Monthly Payments of $
METHOD C - -- 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)
Construction
Engineering
Right -of -Way
Job Number
Project Number
Job Number
Project Number
Job Number
I Project Number
11-91-006-9�
STPM -7003 326
ravv ' v Y
I L 494 -0327
BLR 4251 (Rev. 5/93)
THE LOCAL AGENCY AGREES: THE Provisions 'AGREES:
(1) To,acquire in itg name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance, and Real Property Acquisition Policies
Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that
all requirements of Titles II and III of said Uniform Act have been satisfied and the disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, the STATE and the FHWA.
(2) 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.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisidiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map).
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within their respective jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Oders and Federal Highway Acts pursuant to the Equal Employement Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) 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 department; and the LOCAL AGENCY 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 for which adequate books, records and supporting documentation are not available to support their purported disburse
ment.
(8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the
proposed improvement;
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA;
(10) (STATE Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in a lump sum,
an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the
remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project
based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the provi-
sions of the Agreement has been paid, and will pay to the STATE the remainderof the LA's obligation (including any
nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost 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.
(11) (Day Labor or Local Contracts Only) To provide or cause to be provided all of the initial funding, equipment, labor, material and
services necessary to construct the complete project.
(12) (Preliminary Engineering Only) In the event that right -of -way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the fifth fiscal year following the fiscal
year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agree-
ment.
(13) (Right -of -Way Acquisition Only) That in the event that the actual construction of the project on this right -of -way is not undertaken by
the close of the tenth fiscal year following the fiscal year in which this Agreement is executed the LA will repay the State an
Funds received under the terms of this Agreement. y Federal
Page 2 of 4
IL 494 -0327
Local Agency Buffalo Grove (V) Section 89- 00049 -00 —RP
(14) And certifies to the best of its knowledge and belief its 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 (b) of this certification; and
(d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(15) To include the certifications, listed in item 14 above and all other certifications required by State statutes, in every contract, includ-
ing procurement of materials and leases of equipment.
(16) That execution of this agreement constitutes the LOCAL AGENCY'S concurrence in the award of the construction contract to the
responsible low bidder as determined by the STATE.
(17) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LOCAL AGENCY'S certifica-
tion that:
(a) 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 cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
(b) 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 o� 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.
(c) The LOCAL AGENCY 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.
(18) To regulate parking and traffic in accordance with the approved project report.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles If and III requirements.
(2) (STATE Contracts Only) To receive bids for the construction of the proposed improvement when the plans have been approved by
the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor Only) To authorize the LA to proceed with the construction of the improvement when Agreed -Unit Prices are approved
and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way and/or utility work:
(a) To reimburse the LOCAL AGENCY for the Federal and /or State share of engineering, right -of -way and /or utility work on the
basis of periodic billings, provided said billings contain sufficient cost information and, if said services are performed by a
consultant, and show evidence of payment by the LOCAL AGENCY.
(b) 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.
Page 3 of 4
I L 494 -0327
BLR 4251 (Rev. 5/93)
IT IS MUTUALLY AGREED: •
(1 1 That this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement
participation and in the event the contract covering the construction work contemplated herein is not awarded withi three of
the date of execution of this Agreement. y
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) 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 Par 23 apply to this agreement.
The STATE/LA agrees 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/LA shall take all necessary and reasonable steps, in
accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and
perform portions of contracts and subcontracts financed in part with Federal funds provided under this Agreement. The STATE/
shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of contractor or subcontractors
including procurement of materials and leases of equipment.
The LA shall include the provisions of this "Policy" in every contract, including
procurement
Failure to carry out the requirements set forth above shall constitute a breach of this Ag Agreement and may result in te on of the Agreement or such remedy as deemed appropriate. rminat
(4) This Agreement shall be administered under the provisions of the STATE'S federally approved Disadvantaged Business Enterprise
Program.
ADDENDA
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this Agreement.
Addendum N/A
(Insert NA, if not applicable)(or else addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply w
and all addenda indicated above. ith the applicable provisions set forth in this Agreement
APPROVED
Sidney Mathias APPROVED
Name State of Illinois
Title Village President Department of Transportation
County Board Chairperson/Ma ill Pr ent/e By:
Director of Highways
Signature-4
Date
Page 4 of 4
IL 494 -0327
RI o Anr. m_ _.__.