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O-79-36ORDINANCE NO. 0 -79- 36 AN ORDINANCE TO APPROVE AND AUTHORIZE AN AGREE14ENT BETWEEN THE VILLAGE OF DEERFIELD AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR OBTAINING AND USING FEDERAL HIGH14AY ADMINISTRATION FUNDS UNDER THE "SAFER OFF- SYSTEM PROGRAM" FOR THE PURPOSE OF RECONSTRUCTING AND WIDENING ELM STREET WITHIN THE VILLAGE OF DEERFIELD, ........ILLINOIS WHEREAS, a certain portion of Elm Street within the Village of Deerfield, Illinois has by virtue of narrow width, road deterioration and proximity to a nearby school, become hazardous and unsafe for travel; and WHEREAS, this Village has heretofore applied for partici- pation in the Federal Highway Administration Grant Assistance Program under the "Safer Off- System Program" to obtain fund assistance for reconstructing and widering said roadway; and WHEREAS, such Federal aid, administered by the Illinois Department of Transportation, would provide 75% funding assistance on the cost of such road improvement; and WHEREAS, it is the intent of the Village of Deerfield to obtain its 250 or so share of the cost of said road construction by financing pursuant to Illinois statutory provisions for a special'assessment of the adjoining benefited properties; and WHEREAS, there has been submitted to the Village a contract entitled "Federal -Aid Safer Off - System Program Agreement" (a copy of Which is attached hereto and made a part of this Ordinance by reference) between the Illinois Department of Transportation and the Village of Deerfield for the purpose of implementing such Federal Aid Funding System; and WHEREAS, it is deemed to be in the best public interests that such Agreement be entered into as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS: i SECTION This Village approves the Federal -Aid Safer ONE: Off- System Program Agreement (a copy of which is attached hereto) and the Village President and Village Clerk are hereby authorized to execute the same on behalf of this Village. SECTION The Village Clerk is further authorized and TWO: directed to forward a certified copy of this Ordinance to the pertinent Illinois Department of Transportation officials administering the Safer Off- System Program. SECTION This Ordinance shall be in full force and effect THREE: from and after its passage and approval, as provided by law. AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) ABSENT: None (0) PASSED this 21st day of May A. D., 1979. APPROVED this 21st day of May A. D. , 1979. VILLAGE PRESIDENT ATTEST: ✓ ' VILLAGE CLERK STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly elected and acting .Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the foregoing ordinance is a true and correct copy of an ordinance entitled "AN ORDINANCE TO APPROVE AN AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR OBTAINING AND USING FEDERAL HIGHWAY ADMINISTRA- TION FUNDS UNDER THE "SAFER OFF- SYSTEM PROGRAM" FOR THE PURPOSE OF RECONSTRUCTING AND WIDENING ELM STREET WITHIN THE VILLAGE OF DEERFIELD, ILLINOIS ", passed by the President and Board of Trustees of the said Village at a regular meeting thereof on the 21st day of May, 1979, and now in full force and effect, all as appears on the records and files of my office. DATED this 22nd day of May, 1979. Catherine B. Price Village Clerk SEAL ! FEDERAL -AID SAFER OFF- SYSTEM PROGRA14 AGREEMENT I ' THIS AGREEMENT is made and entered into between the VILLAGE of DEERFIELD hereinafter referred to as the "VILLAGE'$, and the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter referred to as the "STATE ". WHEREAS, the STATE and the VILLAGE jointly propose to improve approximately _ 0.18 miles of Elm Street extending from Central Avenue to Franken Street by reconstructing �nd_ widening the existing 18 -foot wide roadway to 28 fppt (back to back)_ with curb and gutter, storm Sewers and sidewalks. the VILLAGE Section 7g- noose -on -s. F. A. Project SOS- D1(147) , and plans approved by the STATE under proved by the U.S. Department of STRATION, hereinafter referred to said improvement to be designated as L, STATE Section 1978- 293W &RS -78, to be constructed in accordance with the STATE'S Secondary Road Plan ap- Transportation, FEDERAL HIGHWAY ADMINI- as the "FHWA "; and WHEREAS, the Safer Off- System Road Program of the U.S. Department of Transportation makes certain funds available for participation in the cost of the proposed improvement. The VILLAGE agrees: I ! FEDERAL -AID SAFER OFF- SYSTEM PROGRA14 AGREEMENT I ' THIS AGREEMENT is made and entered into between the VILLAGE of DEERFIELD hereinafter referred to as the "VILLAGE'$, and the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter referred to as the "STATE ". WHEREAS, the STATE and the VILLAGE jointly propose to improve approximately _ 0.18 miles of Elm Street extending from Central Avenue to Franken Street by reconstructing �nd_ widening the existing 18 -foot wide roadway to 28 fppt (back to back)_ with curb and gutter, storm Sewers and sidewalks. the VILLAGE Section 7g- noose -on -s. F. A. Project SOS- D1(147) , and plans approved by the STATE under proved by the U.S. Department of STRATION, hereinafter referred to said improvement to be designated as L, STATE Section 1978- 293W &RS -78, to be constructed in accordance with the STATE'S Secondary Road Plan ap- Transportation, FEDERAL HIGHWAY ADMINI- as the "FHWA "; and WHEREAS, the Safer Off- System Road Program of the U.S. Department of Transportation makes certain funds available for participation in the cost of the proposed improvement. The VILLAGE agrees: (1) Where ap icable, to use a portion or a � of the appropriate Fed- . eral -aid hinds allocated to it; (2) To acquire in its name all right of way and easements necessary for this proposed improvement in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The requirements .af Title II, and Title III if Federal -aid is being sought for right of way, shall be carried out in accordance with established State 'Relocation Ass i stance and ',Payaents ?o l dries - -snd Procedures as now or hereinafter revised or amended. Prior to the STATE'S advertising for bids, the VILLAGE shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been complied with; (3) To provide for all utility adjustments; (4) To provide for surveys and the preparation of plans for the pro- posed improvement and engineering supervision during construction of the proposed improvement; (5) To maintain, or cause to be maintained, the complete improve- ment; (6) 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 FEDERAL -AID WORK. AND MFT CON- STRUCTION PROJECTS FOR COUNTY AND TOWASHIP HIGHWAYS AND CITY STREETS 1:1 ILLINOIS; (7) To have in effect, prior to the award of the construction contract, an ordinance regulating parking in accordance with.the approved design, and an ordinance prohibiting the discharge of sanitary 7, and /or industrial waste water into storm sewers constructed as part of this improvement; (8) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an audit for a period of three (3) years after the FHWA payment of the final voucher; (9) That failure of the VILLAGE to comply with Federal re- quirements may result in the loss (partial or total) of Fed - eral participation as determined by the FHWA; (10) That prior to the STATE advertising for work to be performed o hereunder, the disposition of encroachments. if any, will be cooperatively determined by representatives of the VILLAGE the STATE and the FIIWA; (11) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Non - discrimination Regulations required by the U.S. De- partment of Transportation. 'The STATE agrees: (1) To request the FHWA to approve the proposed improvement for Federal -aid participation; (2) To receive bids for the construction of the proposed improve- meat when: (a) The VILLAGE'Scertification as to compli= ante with Titles II and III requirements has been accepted by the STATE and approved by•the FHWA, (b) The pins have been approved by the SATE; (3) To award a contract for construction of the proposed improve - ment, after receipt of a satisfactory bid and after concur- rence in the award has been received from the VILLAGE ; i (4) To provide the STATE'S share to supplement the Federal funds, 1 if applicable; (5) To bill the VILLAGE for all non - participating construc- tion costs plus its share of the participating construction costs, and to reimburse the VILLAGE for participating engi- neering and right of way costs, in accordance with the provi- sions covering the division of cost set forth .under "QE IT MUTUALLY AGREED" of this AGREEMENT; (6) To provide such guidance, assistance and supervision, and to monitor and perform audits, to the extent necessary to assure validity of the VILLAGE'S certification of compliance with Titles II and III requirements. BE IT tUTUALLY AGREED that the cost of the improvement and division of cost shall be as follows: FHWA (A) STATE (��_ VILLAGE (�;) Participating $69,669 ( 75.? ) $ ( ) $ 22,976 ( 24.8) Construction Cost ;Ion- participating Construction Cost Preliminary Engineering Construction Engineering Right of !day TOTAL 4 r 51,2 ( 75.2 ) 5,500 ( inn.04 7,488 ( 24.8) $74,181 $ $ 29,964 6 3 a; I jc •a? t BE IT FURTHER AGREED that the above costs are approximate and subject to change, and that percentage(s) shown will be used in the final divi- sion of costs for billing or reimbursement. BE IT FURTHER AGREED, that for payment of the VILLAGE'S obligations incurred in connection with the proposed improvement, necessary appropria- tions have been made and are evidenced by the attached resolution and/or road improvement statement. The methods of paymentsand reimbursement are designated as follows: (a) Thp VILLAGE will pay the total cost of Preliminary and Con- struction Engineering. If Federal -aid is being sought for Construction Engineering, the State will reimburse the VILLAGE for the Federal share thereof on the basis of per-. iodic billings. These billings for contractual services in- curred shall.show evidence of payment by the VILLAGE Five percent (5 %) of said Federal share shall be withheld pending an audit of the VILLAGE'Srecords. �) The STATE will pay the total contract construction cost sub- ject to reimbursement by the VILLAGE as follows: Upon. receipt of the first and subsequent progressive bills from the contractor constructing the proposed improvement, the VILLAGE will pay to the STATE an amount equal to the VILLAGE'S estimated share 5 N divided by the estimated total contract. construc- tion cost multiplied by the actual progress payment (appropriately adjusted for non - participating con- struction costs) until the entire VILLAGE share has been paid. (c) The VILLAGE- will pay the entire cost of acquiring right 'of way and easements, if applicable. If Federal -aid is being sought for right of-way, the STATE, subsequent to the award of the construction contract, will pay to the VILLAGE an amount equal to the Federal share thereof. (J) The Federal share of the cost of the proposed improvement will be tefinbursed to the STATE in accordance with current billing procedures for Federal -aid projects. BE IT FURTHER AGREED that this agreement shall be null and void in the event. that the FH:1A does not approve the proposed improvement for Fed- eral -aid participation and in the event the contract covering the con- struction work conteinplate.l herein is not awarded within three (3) years of the date of execition of this agreement. Cl This agreement shall be binding upon the parties hereto, their succes- sors and assigns. I, Catheiinco. Price , yillagp Clerk in and for the Village of DEERFIELD of the State of Illinois, hereby certify that Bernard Forrest , the —mayor • was duly authorized to execute the foregoing agreement on behalf of the Board of Trustees by the Board of Trustees A.D. , 19-22,. Pursuant to a resolution adopted at a meeting on May .21 . , IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this .21st day of May , A.D., 1979 (SEAL) VILLAGE CLERK - 74 MAYOR 21st day of May 1979 For Department of Transportation Use Only Approved as Project SOS- D1(147) State of Illinois Department of Transportation DIRECTOR OF HIGHWAYS day of 19 -7- r' i This agreement shall be binding upon the parties hereto, their succes- sors and assigns. I, Catheiinco. Price , yillagp Clerk in and for the Village of DEERFIELD of the State of Illinois, hereby certify that Bernard Forrest , the —mayor • was duly authorized to execute the foregoing agreement on behalf of the Board of Trustees by the Board of Trustees A.D. , 19-22,. Pursuant to a resolution adopted at a meeting on May .21 . , IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this .21st day of May , A.D., 1979 (SEAL) VILLAGE CLERK - 74 MAYOR 21st day of May 1979 For Department of Transportation Use Only Approved as Project SOS- D1(147) State of Illinois Department of Transportation DIRECTOR OF HIGHWAYS day of 19 -7-