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1997-27o • RESOLUTION NO. 97- 2L A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR FEDERAL PARTICIPATION IN THE CONSTRUCTION OF 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 quality of life is enhanced by a good quality transportation system; and, WHEREAS, the funding of construction and maintenance of a high quality transportation system is most appropriately shared by several agencies of Federal, State and Local Government; and, WHEREAS, a Local Agency Agreement for Federal participation with the County of Lake and the Illinois Department of Transportation is a required prerequisite for receiving Federal Highway Funds for the Busch Parkway and Deerfield Parkway Intersection Improvement; 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 Agreement. for Federal Participation" related to the Busch Parkway and Deerfield Parkway Intersection Improvement is hereby approved. Section 2: The Village President and Village Clerk are authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 — Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 — None ABSENT: 1 — Hendricks PASSED: July 7 , 1997 APPROVED: July 7 , 1997 ATTEST: Vill e Clerk G:\PWDIRGRP\LHC\BUSCH\0527RES.WPD ! ! Illinois Department of Transportation 2300 South Dirksen Parkway 1 Springfield, Illinois 182764 September 11, 1997 Village of Buffalo Grove Section 97- 00049 -03 -CH Project CMM- 7003(431) Job No. C -91- 100 -97 Ms. Janet M. Sirabian Village Clerk 50 Raupp Blvd. Buffalo Grove, IL 60089 Dear Ms. Sirabian: The joint agreement for the subject section was executed by the department on September 11, 1997. Your copy of the executed agreement is attached. Sincerely, Robert L. Hinton, P. E. Engineer of Local Roads and Streets By: Darrell W. McMurray �J Local Project Implementation Engineer cc- Richard Kuenkler, Mun. Engr. Duane P. Carlson Attn: Nancy Magnus David G. Campbell Attn: Clarence Crowder Bill Yuskus Attn: Robert L. Plunk Gary Gould Attn: Nancy Finn s:\gen\wpdocs\barb\jim\091297.doc\ (y�J� Illinois Department '17- 00049 -03 -CH Buffalo Grove (v) of Transportation Fund Type STA Local Agency Agreement State Contract Day Labor I Local Contract I RR Force Accoun: For Federal Participation 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 /Deerfield Connector Route FAU 1257 Length 0.4 Miles Termini Current Jurisdiction Parkwa3 is Rv t o arkway is Lake County and east of Deerfield s Lake County way and Corporate Drive is Buffalo Grove. Pr41ect Descriptiop Existing Str. No. N/A The work consists of excavating and gradding proposed --roadways, construction of aggregate sub —base and portland cement concrete pavement, storm sewers and drainage improvements, medians, curb and gutter, bituminous shoulders, pavement markings, landscaping, traffic signals, lighting and all incidental work to complete the improvement. 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 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 19 , 19 97, appropriated, by separate resolution, ordinance or road improvement statement, $ 650, 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 Division of Costa (see sheet 2) Job Number Project Number 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 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 19 , 19 97, appropriated, by separate resolution, ordinance or road improvement statement, $ 650, 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 I Job Number Project Number Job Number Project Number Job Number Project Number C-91-100-971 CMM -700 4 1 Page 1 of 10 IL 494 -0327 Of 0 noGi IQ." S1031 O U 5. L� U UZ-v L ,Q 2 � � O M O Ur O O � d' �aU 0 0 to 0 F O H 0 F O cn 1, O \o 0 O �MM w 0 •a �i 3 �T4 W ® e gaHnm nH-in-i Tr i nrT QC -CT ).==T- fia -Nnr e u nn U • R 0 a 0 c •U O. O p p O O O vii N 00 O G N ei n N 00 C U 3 U X ea .1 �a C v Ov p. •Q v �qUQ O ip N O Cli G .r Q eN') N Y v .b v O D � X O U � C O C 0 Q V O Q u v1 V {. 00 O > p 5 o f c fto w ba [ V u I o N Q A to G. m C A R. O Q P o .= off• O o .0° = ai co o O G� o Z o U F�. O Z N gaHnm nH-in-i Tr i nrT QC -CT ).==T- fia -Nnr E Buffalo Grove Busch/Deerfield Connector Section: 97- 00049 -03 -CH Lake County I. DIVISION OF COST- See page 2. II. THE VILLAGE 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 application 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 agrees 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 VILLAGE and COUNTY to. comply with Federal requirements may result in the loss (partial or total) of Federal participation as determined by the FHWA. (5) 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. (6) 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 VILLAGE or COUNTY maintained streets within their respective jurisdiction. -3- e e Buffalo Grove Busch/Deerfield Connector Section: 97- 00049 -03 -CH Lake County (7) To exercise their rights reserved under franchise granted to private utilities to cause private utilities to be relocated at no expense to the STATE. (8) 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 judgment 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 VILLAGE for the FHWA share of construction engineering on the basis of periodic billings, provided each bill includes evidence of payment. 151 E Buffalo Grove Busch/Deerfield Connector Section: 97- 00049 -03 -CH Lake County IV. THE VILLAGE AGREE C: (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. (2) To pay its respective financial contribution as follows: The VILLAGE upon receipt of the Contractor's first and subsequent progressive bills, to pay an amount equal to its 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. (3) To provide the COUNTY the opportunity to review and approve the contract plans prior to submission for letting. V. IT IS MUTUAT Y AGREED- (1) That this agreement shall be null and void in the event that the FI4WA 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 VILLAGE 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 VILLAGE 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 whole or in part with Federal funds provided under this agreement. The STATE, COUNTY and VILLAGE shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of -5- -- 0 • Buffalo Grove Busch/Deerfield Connector Section: 97- 00049 -03 -CH Lake County contractor or subcontractor, including procurement of materials and leases of equipment. The STATE, COUNTY and VILLAGE 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) Upon completion of the improvement, the COUNTY will assume maintenance and jurisdiction of the Busch - Deerfield Connector in its entirety and continue maintenance and jurisdiction of Busch Road to the west and Deerfield Parkway to the south. The VILLAGE will assume maintenance and jurisdiction of relocated Busch Parkway to the northwest edge of pavement of the Busch - Deerfield Connector in its entirety and continue maintenance and jurisdiction of Busch Parkway to the east and Corporate Grove Drive to the north. (4) 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 final inspection. Final inspection of the signalized intersections will 'be made by representatives of the STATE, VILLAGE and COUNTY and, if satisfactory, authorization for turn on will be given by the STATE. (5) Upon acceptance by the STATE of the new traffic signal work on Busch/Deerfield Connector at relocated Busch Parkway, the financial responsibility for maintenance and electrical energy for the operation of the signals shall be as follows: Maintenance: 0% STATE 662/3% COUNTY 331/3% VILLAGE Electrical Energy 0 % STATE 0% COUNTY 100 % VILLAGE 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 this location. -6- 0 Buffalo Grove Busch/Deerfield Connector Section: 97- 00049 -03 -CH Lake County It is mutually agreed that the financial responsibility for the maintenance of the. "Opticom" equipment shall be the responsibility of the VILLAGE. (5) The financial responsibility for the maintenance and electrical energy for the highway lighting shall be the responsibility of the VILLAGE. (6) The Village will submit to the STATE for final approval, shop drawings of poles, luminaries, cables„ conduits, junction boxes, splicing kits, lamps, ballasts and other similar items prior to ordering such items. (7) 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. (8) This agreement and covenants contained herein shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. -7- sAwp2 \829splb.doc 0 Village of Buffalo Grove/Busch/Deerfield Connector Section: 97-00049-03-CH Project No.: CMM- 7003(431) Lake County 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: 8 VILLAGE OF BUFFALO GROVE July 7, 1997 Date By.4AW e e Village of Buffalo Grove/Busch/Deerfield Connector Section: 97- 00049 -03 -CH Project No.: CMM- 7003(431) Lake County 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 By: oun4En nee r ATTEST: By: Date: COUNTY CLERK (SEAL) 0 THE COUNTY OF LAKE County Board Chairperson JUL Jfl 1997 Village of Buffalo Grosusch/Deerfield Connector Section: 97- 00049 -03 -CH Project No.: CMM- 7003(431) Lake County 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. sAgen \wp2 \417spt4.doc APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION ATE 10 VII.LAGE OF o • ' Bi3FFAL0 GROVE 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 97 -27 adopted on the 7th day of July , 19 97 , 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 8th day of July , 19 97. �;A�z22 Village Clerk By0 tic_ Deputy Village Clerk • RESOLUTION NO. 97- .21- • A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR FEDERAL PARTICIPATION IN THE CONSTRUCTION OF 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 quality of life is enhanced by a good quality transportation system; and, WHEREAS, the funding of construction and maintenance of a high quality transportation system is most appropriately shared by several agencies of Federal, State and Local Government; and, WHEREAS, a Local Agency Agreement for Federal participation with the County of Lake and the Illinois Department of Transportation is a required prerequisite for receiving Federal Highway Funds for the Busch Parkway and Deerfield Parkway Intersection Improvement; 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 l: The agreement entitled "Local Agency Agreement for Federal Participation" related to the Busch Parkway and Deerfield Parkway Intersection Improvement is hereby approved. Section 2: The Village President and Village Clerk are authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 — None ABSENT: 1 — Hendricks PASSED: July 7 , 1997 APPROVED: July 7 5 1997 ATTEST: Village Clerk G:\PWDIRGRP\LHC\BUSCH\0527RES.WPD .y ts3. � nw County Board County Administration Director of Finance Busch Pkwy/Deerfield Pkwy, Roadway Improvement: IDOT Agreement CERtIMP (trIlf 4drr�OPY, OF RECORDS OF THE LAKE 'COUNTY BOARD MEETING OF STATE OF ILLINOIS) JUL 0 $1957 �i'PRfi/ED • ) SS \. CERTIFICATION -NOT VA ID UNLEZSEAL COUNTY OF LAKE) OF LAKE COUNTY, ILLINOIS, .IS 'AFFIXED COUNTY BOARD, L N(Sounty Clerk ADJOURNED REGULAR JUNE A.D. 1997 SESSION MR. CIIAIRMAN AND MEMBERS OF THE COUNTY BOARD: JULY 08, A.D. 1997 Your Public Service Committee and Financial & Administrative Committee present herewith a resolution authorizing the Chairman of the County Board, the County Clerk and the County Engineer to execute an agreement for the use of Federal Highway Funds among the State of Illinois, the County of Lake and the Village of Buffalo Grove for the proposed improvement to the intersection of Busch Parkway (County Highway 11) and Deerfield Parkway (County Highway 11) and designated as Section 97- 00248- 00 -CH. We RECOMMEND adoption of this Resolution. Respectfully submitted, nR Chainn Chai -` Vice airman l FinancW andr Act 'uistration Committee ROLL CALL VOTE AYE 219 NAY 1 Y 0 • RESOLUTION WHEREAS, the free flow of traffic at the intersection of Busch Parkway (County Highway 11) and Deerfield Parkway (County Highway 11) is beneficial to the safety and welfare of the State of Illinois, the County of Lake and the Village of Buffalo Grove; and WHEREAS, the State of Illinois, the County of Lake and the Village of Buffalo Grove believe that it would beneficial to the safety and welfare of the motoring public if the above said intersection could be improved by re- alignment, widening and resurfacing along with other highway and drainage improvements; and WHEREAS, the State of Illinois, the County of Lake and the Village of Buffalo Grove are desirous of entering into an agreement to utilize Federal Highway Funds for the above proposed improvements setting forth the terms and obligations to each agency. 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 grant plan and specifications approval to the Illinois Department of Transportation. 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 July 08, 1997