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
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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-