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HomeMy WebLinkAbout84-0709 IDOT Poplar Creek Levee .4. $y.- 0-4 O`i SPONSORSHIP AGREEMENT between the CITY OF ELGIN, ILLINOIS and the STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION for POPLAR CREEK LEVEE PROJECT This Agreement made and entered into this 9 day of j3 1/i 19 R il4 between the City of Elgin in Cook and Kane Counties, Illinois, hereinafter referred to as the "CITY", and Department of Transportation, acting for and on behalf of the State of Illinois, hereinafter referred to as the "DEPARTMENT", WITNESSETH: WHEREAS, the CITY and the DEPARTMENT are both legal entities organized and existing under the laws of the State of Illinois having among their powers the authority to contract with one another to perform such undertakings as described herein, and WHEREAS, based upon a Floodwater Management Plan entitled "Poplar Creek Watershed-May 1976", the CITY and DEPARTMENT have agreed upon a flood control plan of improvement having a favorable benefit/cost ratio consisting of an earth levee along Poplar Creek which will extend from the intersection of Villa Street and Ramona Avenue northeasterly approximately 1400 feet and tie into a natural ridge, and a normally dry detention reservoir immediately north of said levee and east of Ramona Avenue, together with a pump station, discharge channel and appurtenant works, all within Cook County, Illinois, hereinafter collectively referred to as the "PROJECT", and WHEREAS, prior to any further expenditure by the DEPARTMENT's Division of Water Resources toward implementation of this PROJECT, it is essential that the CITY demonstrate that it has the authority and capability, and will furnish and accept the local sponsorship cooperation required to complete construction of same. NOW THEREFORE, for and in consideration of the benefits to be derived from the construction of this PROJECT, the sufficiency of which is hereby acknowledged, the parties hereby agree to the following terms and conditions: 1. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. All covenants agreed to by the DEPARTMENT which require funding are subject to the appropriation of funds by the Illinois General Assembly and release of the funds by the Bureau of the Budget. 3. The DEPARTMENT will prepare plans, specifications and contract documents, advertise for bids, make the contract award and pay for all construction costs of the PROJECT, except as otherwise stated in this Agreement. 4. The CITY will have the right to approve the plans and specifications prior to the contract award. 5. The DEPARTMENT will designate all lands, easements and rights-of-way (hereinafter referred to as land rights) required for the construction, operation and maintenance of the PROJECT. The CITY will have the right to approve all land rights requirements. The CITY will provide all land rights required for the construction and maintenance of the PROJECT free of any cost to the DEPARTMENT. It is understood that all expenses associated with land rights acquisition such as attorney fees, survey costs, appraisal costs, recording costs, and any other such incidental expenses will be borne by the CITY. The CITY will furnish the DEPARTMENT with the necessary interest in land rights so that the DEPARTMENT may construct the PROJECT. -2- 6. The CITY will be responsible for all utility alterations or relocations and for all fence removal and replacement required as a result of the PROJECT construction. Utilities include, but are not limited to electrical and telephone lines and gas, oil, sewer, and water pipelines. 7. The CITY will accept, operate and maintain the PROJECT after construction completion. Operation of the PROJECT means the operation of the pump station and appurtenant works in such a manner to assure that the detention reservoir is always dewatered to the extent that it will hold excess interior drainage during flood periods. Maintenance of the PROJECT means the full and complete maintenance of the entire PROJECT in such a manner to assure that it will continue to serve the intended purpose. The PROJECT area will be kept clean of all trash and other debris, aquatic growth, ice and/or any other matter which may tend to impede the proper and free flow of water. The PROJECT's grass covered areas will be mowed no less than two times each year. On areas that cannot be mowed, measures will be taken semiannually to eliminate all woody growth larger than one-half inch in diameter. Measures will also be taken as conditions require to correct any erosion problems within the PROJECT area to prevent deterioration of same. Joint inspections will be scheduled and made by the CITY and DEPARTMENT no less than once each year, or more often if conditions so require, in order to assure adequate maintenance of the PROJECT. Failure of the CITY to properly maintain the PROJECT as indicated by a written report of such inspection will permit the DEPARTMENT, upon 10 days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT land -3- .+i `. rights for the purpose of performing such maintenance work. In this instance, the CITY will reimburse the DEPARTMENT for any and all costs which may be incurred by the DEPARTMENT in connection therewith. 8. The CITY will hold and save the State of Illinois, the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cost or expense that may be incurred by reason of personal injury, death, property damage or any and all other claims of whatsoever nature that might arise or result from or as a consequence of the construction, operation and maintenance of the PROJECT. The provisions of this paragraph will be applicable subsequent to construction completion of the PROJECT. 9. The CITY will maintain eligibility in the National Flood Insurance Program and will continue to adopt and enforce appropriate ordinances satisfactory to the Federal Insurance Administration and the DEPARTMENT which the CITY is authorized to enact relative to the regulation of floodplains under the jurisdiction and control of the CITY. 10. The CITY will provide the DEPARTMENT with an appropriate ordinance or resolution evidencing authority to execute this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. STATE OF ILLINOIS RECOMMENDED: APPROVED: e • Donald R. Vonnahme, Director John D. ram , Sec tary Division of Water Resources Department of Transportation CITY OF ELGIN ATTEST: APPROVED: 7-4-4-44-ak° 7L,ic• Marie Yearman, lerk Richard L. Verbic, Mayor -4- iis CITY OF ELGIN ENGINEERING DIVISION 150 DEXTER COURT-ELGIN,ILLINOIS 60120-5555 Telephone: (312) 695- 6500 Ext. 245 TRANSMITTAL LETTER Date August 1 , 1984 To: Marie Yearman City Clerk Job: Poplar Creek Levee We transmit herewith for your—Information Approval Files X Correction Return XX (OK One (1 ) aha fully executed original agreement. Sheet Nos. 1-4 dated July 9, 1984. Remarks CC: Roger Dahlstrom, w/copy Yours very truly, Ery Jentsch, w/copy Gary W. Miller, nqineering Supervisor By