O-68-45i
ORDINANCE NO. 0 -68 -45
AN ORDINANCE APPROVING CONTRACT WITH
STATE OF ILLINOIS FOR IMPROVEMENT
OF DEERFIELD ROAD
WHEREAS, the State of Illinois, Department of Public
Works and Buildings, has submitted to the President and
Board of Trustees of the Village of Deerfield a proposed
agreement to be entered into by the State of Illinois,
Department of Public Works and Buildings, and the Village
of Deerfield, providing for the improvement of a portion
of Deerfield Road and the sharing of the cost thereof
between the parties; and
WHEREAS, the Mayor and Board of Trustees have considered
the proposal of the State of Illinois, Department of Public
Works and Buildings, and have determined that it would be
in the best interest of the Village to enter into said
agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK
COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That the agreement between the State of
ONE: Illinois acting by and through its Department
of Public Works and Buildings, and the
Village of Deerfield, a copy of which agreement marked
Exhibit "A" is attached hereto and made a part hereof, be
and the same is hereby approved.
SECTION That the President and Village Clerk are
TWO: hereby authorized to execute said agreement
on behalf of the Village of Deerfield and
to affix the Village seal thereto.
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I
SECTION That this Ordinance shall be in full force and
THREE: effect from and after its passage and approval,
as provided by law.
AYES: FIVE (5)
NAYS: NONE (0)
ABSENT: ONE (1)
PASSED this 3rd day of September
APPROVED this 3rd day of September
ATTEST:
IAL�—
Village Clerk
A.D. 1968.
A.D. 1968.
Village President
AGREEMENT
THIS AGREEMENT, entered into this day of ,
A.D. 19_,31 by and between the STATE OF ILLINOIS, acting by and through
its DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, hereinafter called the STATE,
and the VILLAGE OF DEERFIELD, of the State of Illinois, hereinafter called
the VILLAGE.
WITNESSETH:
WHEREAS, the STATE, in order to increase the free flow of traffic
and insure safety to the motoring public, is desirous of improving ap-
proximately 0.87 mile of Deerfield Road ( C.H.S ute 11 Ext., F.A.S.
Route 8, State Section 34 W2 -RS, Village Sectio! S) from Wilmot-Road
easterly to the Chicago, Milwaukee, St. Paul and Pacific Railroad by
placing 2 1/2 inches of bituminous concrete surfacing on the 30 foot
and variable width pavement together with patching the existing pavement,
adjusting manholes and any other work necessary to complete the improvement
in accordance with the approved plans and specifications; and
WHEREAS, the VILLAGE is desirous of said improvement in that same
will be of immediate benefit to the VILLAGE residents and permanent in
nature;
NOW, THEREFORE, in consideration of the material covenants contained
herein, the parties hereto agree as follows:
1. Upon completion of the improvement and after the engineer's final
pay estimates have been approved, the STATE will credit the VILLAGE'S
Motor Fuel Tax Fund Account in an amount equal to the cost of patching,
resurfacing and any other related work occurring within the center.18
feet of the roadway between Wilmot Road and the C.M. St. P. & P. Railroad
structure and to the cost of all work associated with the center 22
feet of roadway beneath the railroad grade separation structure which
is presently maintained by the STATE. Payment will be in a lump sum,
estimated to be $21,000 for construction and $1,890 for Engineering
(9 %) with actual payment being based on final contract quantities at
contract unit prices.
2. It is mutually agreed by and between the parties hereto that the
estimated cost of the improvement is as follows:
Construction Costs ....................... $35,000
Engineering Costs (9%) ................... 3,150
TOTAL $38,150
3. The VILLAGE agrees to make the surveys, prepare plans and specifications,
receive bids and award the contract, furnish engineering inspection
during construction and cause the improvement to be built in accordance
with the plans, specifications and contract.
4. The VILLAGE agrees to pay all construction and engineering costs,
subject to partial reimbursement by the STATE as hereinbefore stipulated.
EXHIBIT "A"
5. The VILLAGE has adopted and will put into effect, prior to their advertising
for the work to be performed hereunder, an appropriate ordinance prohibiting
the discharge of sanitary and industrial waste water into any storm sewers con-
structed as a part of this improvement, a copy of which is attached hereto as
"Exhibit A."
6. Upon completion of the improvement, the VILLAGE agrees to maintain or
cause to be maintained at its own expense, Deerfield Road in its entirety
from Wilmot Road easterly to the West Skokie Ditch.
7. The VILLAGE agrees to comply with Title VI of the Civil Rights Act of 1964
and all applicable requirements pursuant to the regulations of the Department
of Commerce (Title 15, Code of Federal Regulations, Part 8) and that it will
insert the non - discrimination clauses set forth in appendix A attached hereto,
in all contracts incidental to this improvement.
8. The VILLAGE will, prior to the award of the contracts, submit the plans and
specifications for this improvement to the STATE for approval.
9. 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 by September 30, 1969.
10. This agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
VILLAGE of DEERFIELD
By:--
(TITLE) President
STATE OF ILLINOIS, DEPARTMENT
OF PUBLIC WORKS AND BUILDINGS
By:
Norbert J . Johnson, Director
r.
ATTEST: 1,
Chief Highway Engineer
W
APPENDIX A
During the performance of this contract, the company, for itself, its
assignees and successors in interest (hereinafter referred to as the
"company "), agrees as follows:
(1) Compliance with Regulations: The company will comply
with the Regulations of the Department of Commerce rela-
tive to nondiscrimination in federally- assisted programs
of the Department of Commerce (Title 15, Code of Federal
Regulations Part 8, hereinafter referred to as the
Regulationsj, which are herein incorporated by reference
and made .a part of this contract.
(2) Nondiscrimination: The company, with regard to the work
performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of
race, color, or national origin in the selection and
retention of subcontractors, including procurements of
materials and leases of equipment. The company will not
participate either directly or indirectly in the discrimi-
nation prohibited by Section 8.4 of Regulations, including
employment practices when the company covers a program set
forth in Appendix A -II of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements
of Materials and Equipment: In all solicitations either
by competitive bidding or negotiation made by the company
for work to be performed under a subcontract, including
procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the com-
pany of the company's obligations under this contract and
the Regulations relative to nondiscrimination on the
ground of race, color or national origin.
(4) Information and Reports: The company will provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and will
permit access to its books, records, accounts, other
sources of information, and its facilities as may be
determined by the State Highway Department or the Bureau
of Public Roads,to be pertinent to ascertain compliance
with such Regulations, orders and instructions.
Where any information required of a company is in the
exclusive possession of another who fails or refuses to
furnish this information, the company shall so certify to
the State Highway Department, or the Bureau of Public
Roads as appropriate, and shall set forth what efforts it
has made to obtain the information.
■
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(5) Sanctions for Noncompliance: In the event of the company's
noncompliance with the nondiscrimination provisions of
this contract, the State Highway Department shall impose
such contract sanctions as it or the Bureau of Public Roads
may determine to be appropriate, including, but not limited
to,
(a) withholding of payments to the company under the
contract until the company complies, and /or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The company will include
the provisions of paragraph (1) through (6) in every
subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations,
order, or instructions issued pursuant thereto. The
company will take such action with respect to any sub-
contract or procurement as the State Highway Department
or the Bureau of Public Roads may direct as a means of
enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a
company becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, the company may request the State to
enter into such litigation to protect the interests of
the State, and, in addition, the company may request the
United States to enter into such litigation to protect
the interests of the United States.
STATE OF ILLINOIS )
VILLAGE OF DEERFIELD)SS
COUNTY OF. LAKE )
I, ARA Catherine B. Price__., _ Village Clerk in and
Mrs.
o: tL•e VILLAGE ,of DEERFIELD of the State..of' Illinois,
Mr..."
hereby certify -that A'RR H.-Ross-Finney the President
MRS.
of the Village ofDeerfield was duly authorized to execute
the foregoing agreement on behalf of the VILLAGE of DEERFIELD
pursuant to an ordinance adopted by the VILLAGE BOARD at a meeting on
September 3 A.D. 1968 .
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3rd
day of September , A.D. 1968 .
S E A L
VILLAGE Clerk
TYIB , entered into this day of .
d.8. 19__.o by and between the STAB OF ULIM08, acting by and through
Its UPARINM OF PUBLIC WOMM ADD BUILDIM, hereinafter called the 8=,
and the TILLM CW NOYM9 D, of the State of I111wis, hereinafter called
the ®IL1 ".
Vim, the STAB, in order to increase the free flow of traffic
and insure safety to the motoring public, is desirous of improving sp-
proweimately 0.87 mile of Deerfield load ( C.V.S. Route 11 1bct.8 F.A.S.
Route 8,' hats Section 34 W2-RS, Village Section 25CS) from Vilarot load
easterly to the Chicago, Mlwaukee, St. Peal and Pacific Railsood by
placing '2 1/2 inches of bituminous concrete surfacing on the 30 foot
and variable width pavement together with patchinig the esistiv4g payment,
adjusting manholes and any other work necessary to complete the improvement
In accordance with the approved plans and specifications; and
WHOUMO the VILLAGB is desirous of said improvement in that same
will be of immediate benefit to the VIYLAGN residents and permanent in
nature;
IMWI, THIRIPMs, in consideration of the material covenants contained
herein, the parties hereto agree as- follower _
1. Upon completion of the improvement and after the enginseres final
pay estimates have been approved, the STM will credit the VIfiL=18
Motor ftel Tale Fund Account in an amount equal to the cost of patching,
resurfacing and any other related work occurring within the center 18
feet of the roadway between Wilmot Road and the C.M. ft. P. b P. Railroad
structure and to the cost of all work associated with the center 22
feet of roadway beneath the railroad grade separation structure which
is presently maintained by the STAM Payment will be in a'lump sum,
estimated to be $21,000 for construction and $1,890 for Roginoering
(n) with actual payment being based on final contract-quantities at
contract unit prices.
2. It is mutually agreed by and between the parties hereto that the
estimated coat of the improvement is as .follows:
Construction Costs ..................... $35,000
Engineering Costs (991) ...................
TOTAL $380150
3. The'VEU ACE agrees to make the surveys, prepare plans and specifications,
receive bids and award the contract, furnish engineering inspection
during construction and cause the improvement to be built in accordance
with the plans, specifications and contract.
4. The VIB.EAM agrees to pay all construction and engineering costa,
subject to partial reimbursement by the 8T 25 as hersinbefore stipulated.
EXHIBIT "A"
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E h%!'r; ;
VILLAGE ®f ®EERFOEL®
STATE OF ILLINOIS, DEPARTMENT
OF PUBLIC WORKS AND 13WI-DO 3GS
B y:
fflldd
. ® son, 9rector
ATTEST: