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1998-38RESOLUTION NO. 98- 38 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR FUNDING ASSISTANCE FROM THE STATE OF ILLINOIS FOR THE DEERFIELD PARKWAY AND COMMERCE COURT 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 of a high quality transportation system is most appropriately shared by several agencies of Federal, State and Local Government; and, WHEREAS, a project agreement with the Illinois Department of Transportation is a required prerequisite for receiving Illinois Department of Transportation funding for the Deerfield Parkway and Commerce Court Intersection Improvement; 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 joint agreement between the State of Illinois and the Village of Buffalo Grove related to the Deerfield Parkway and Commerce Court 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: 6 - Mareinthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: November 2 11998 APPROVED: November 2 '1998 ATTEST: Village Clerk G:\PWDIRCiRP\LHC\BUSCH\DRFLDPKY\RESI.WPD :7 • Illinois De avient of Transportation Division of Highways /District 1 201 West Center Court/Schaumburg, Illinois 60196 -1096 LOCAL ROADS AND STREETS Joint Agreement for Operation GreenLight Project Buffalo Grove Section: 98- 00076 -00 -GL Job No.: C -91- 217 -98 Busch Parkway and Commerce Court October 21, 1998 Mr. Gregory Boysen Director of Public Works 50 Raupp Blvd. Buffalo Grove, IL 60089 -2196 Dear Mr. Boysen: �NILLAGE OF BUFFALO GROPE off 23 PUBLIC WORKS Enclosed are six (6) copies of the Revised Joint Agreement for the above captioned project. Please execute the agreement in the space provided and return five (5) copies (with original signatures) to this office for further processing. If you have any questions or need additional information, please contact me. at (847) 705 -4235. Very truly yours, John P. Kos, P.E. District Engineer B.� y Omar Y. Nashif, P.E. Program and Office Engineer Local Roads and Streets Enclosures cc: William Lenski w /encl. sAgen \wp2 \1021spt6.doc VILLAGE OF 16uffnlo N1 rj5: YA GTOU, i at Fifty Rain 81u, - BuffaA 3mve Fax 84-,-45M C.-Z Janet V. Sirabiar Village Z;erk STATE OF ILLINOIS 847-4:—z-2-4 * I 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 98_38 adopted on the 2nd_ day of November , 199&., 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, dd&lkh day of November , 19-$. Village Clerk By Deputy Village Clerk Village of Bufgap rovp Section No.: 9 76--.. -GL Job No.: C -91- 217 -98 County: Cook AGREEMENT THIS AGREEMENT is entered into this day of , 19 A.D. 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 Cook in the State of Illinois, hereinafter called the VILLAGE. WHEREAS, the parties hereto, in the interest of the safe and efficient movement of vehicular and pedestrian traffic, are desirous of modifying the intersection of Busch Parkway and Commerce Court in the VILLAGE, by implementation of construction work consisting of relocating the traffic signal equipment and improve the intersection and all other appurtenant items, said improvement to be identified as Section 98- 00076 -00 -GL for engineering and construction and STATE Job No. C- 91- 217 -98, Operation GreenLight 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 GreenLight 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. To prepare plans, specifications and contract documents, receive bids and award the contract for the construction of the PROJECT, furnish or cause to be furnished the resident engineer together with the construction guidance, proportioning of materials and inspection during construction, provide acceptance sampling and testing of materials in accordance with the Ctnndnrd 4necifications for Road and Bridge Construction _ Proiect Procedures_ Guide and methods prescribed by the STATE, and cause the project to be built in accordance with the approved plans, specifications and contract. 1 • Village of Buff4b rove • Section No.: 98- M76-k A Job No.: C -91- 217 -98 County: Cook 2. To 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. 3. To assume or provide for jurisdiction and maintenance of the completed improvement. 4. To exercise its franchise rights to cause private utilities to be relocated at no expense to the STATE. 5. 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. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 1. To furnish off -site material inspection and testing, at sources normally visited by STATE inspectors. 2. To regulate or cause to be regulated, on a continuing basis, the use of highway right -of -ways 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 ". Village of B ve Section No.:9 76- %,.-GL Job No.: C -91- 217 -98 County: Cook III. IT IS MUTUALLY AGREED: 1. The disposition of encroachments, if any, shall be cooperatively determined by representatives of the VILLAGE and the STATE. 7 That the PctimatPA Nvicinn of rncte of the PROJECT are: 3. The STATE agrees to pay 100 percent of the engineering and construction costs up to a maximum amount of $200,000. for the PROJECT from Operation GreenLight Funds. Any funds required to complete the PROJECT in excess of the $200,000. will be the responsibility of the VILLAGE. The STATE will reimburse the VILLAGE for its share of the engineering costs on the basis of periodic billings, provided said billings contain sufficient cost information and, if said services are performed by a consultant, show evidence of payment by the VILLAGE. The STATE will reimburse the VILLAGE for ninety-five percent (95 %) its share of the construction costs upon award of the contract and receipt of a letter certifying such award and requesting said payment. The remainder of the STATE'S obligation shall be paid upon final inspection and acceptance of the PROJECT by the STATE. 4. This agreement and the covenants contained herein shall become null and void in the event a contract covering the work contemplated herein is not awarded prior to January 1, 2000. 5. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. 6. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available fund for the work contemplated herein. 3 STATE VILLAGE TOTAL Preliminary Engr. $27,395. (100 %) -0- (BAL.) $27,395. Contract Construction $158,605. (100 %) -0- (BAL.) $158,605. Construction Engr. $ 14,000. (100 %) -0- (BAL.) $14,000. TOTAL $200,000. $200,000. 3. The STATE agrees to pay 100 percent of the engineering and construction costs up to a maximum amount of $200,000. for the PROJECT from Operation GreenLight Funds. Any funds required to complete the PROJECT in excess of the $200,000. will be the responsibility of the VILLAGE. The STATE will reimburse the VILLAGE for its share of the engineering costs on the basis of periodic billings, provided said billings contain sufficient cost information and, if said services are performed by a consultant, show evidence of payment by the VILLAGE. The STATE will reimburse the VILLAGE for ninety-five percent (95 %) its share of the construction costs upon award of the contract and receipt of a letter certifying such award and requesting said payment. The remainder of the STATE'S obligation shall be paid upon final inspection and acceptance of the PROJECT by the STATE. 4. This agreement and the covenants contained herein shall become null and void in the event a contract covering the work contemplated herein is not awarded prior to January 1, 2000. 5. This agreement shall be binding upon and inure to the benefits of the parties, their successors and assigns. 6. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available fund for the work contemplated herein. 3 Village of Buff rove Section No.: 98- 76- (su-GL Job No.: C -91- 217 -98 County: Cook 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 2nd day of November , 1998 ATTEST: 'mil ��+�is.cau VILL GE CLERK APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: Director of Highways Date r\gen \wp2 \721ont1 Ldoc 4 VILLA OF BUFF GRON l VILLAGE PRESIDENT