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Home My WebLink About08-144 Resolution No. 08-144 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT U.S. ROUTE 20 AND NESLER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of an agreement with the State of Illinois Department of Transportation by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding intersection improvements at U.S.Route 20 and Nesler Road,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 11, 2008 Adopted: June 11, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Illinois Department of Transportation Division of Highways/Region One/District One 201 West Center Court/Schaumburg, Illinois 60196-1096 BUREAU OF DESIGN , ,s City of Elgin/State of Illinois ; U.S. Route 20 Kane County ' I U N (,), 2338 I i June 18, 2008 S ''' The Honorable Ed Schock Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Schock: The Agreement for the subject improvement has been executed by this Department. Enclosed is an original counterpart of the executed Agreement for your records and files. If you have any questions or need additional information, please contact Mr. Ray Ritchie, Agreement Specialist, at (847) 705-4238. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer By: Jose A. Dominguez, P.E. Project Support Engineer Enclosures S:\wp\kw080618elgin us20exagrltr.doc FAP Route 345 U.S. Route 20 Agreement No. JN-108-517 Kane County AGREEMENT S"e avne This Agreement entered into this 4eth day of-Mar , 2008 A.D,by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the City of Elgin of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY, in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving the intersection of U.S. Route 20 at Nestler Road known as FAP 345 (U.S. Route 20)by widening and resurfacing U.S. Route 20 to provide one 12' through traffic lane in each direction and westbound U.S. Route 20 with one 12' left turn lane. Nestler Road will be widened and resurfaced to provide southbound with one 12' through traffic lane. Northbound Nestler Road will be provided with 12' left lane and one 12' right turn lane at U.S. Route 20. Permanent traffic signals will be installed as well as all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the CITY requests that the STATE financially participate in the improvements to the U.S. Route 20 roadway pavement; and WHEREAS, the STATE has agreed to the CITY's request; and WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The CITY 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 approved plans, specifications and contract. 2. The STATE agrees to obtain all necessary right of way for the intersection improvement as defined in the approved project report. 3. The CITY agrees to pay for all construction and engineering costs, subject to reimbursement by the STATE as hereinafter stipulated. 4. The STATE agrees to reimburse the CITY for the construction costs associated with the improvements to the U.S. Route 20 at Nestler Road intersection improvement minus the CITY's required participation for the traffic signal installation. The proration of costs for the traffic signal installation shall be 66.7% STATE and 33.3% CITY. The STATE's maximum participation shall be limited to $885,000. -2- 5. The STATE agrees that upon receipt of an invoice from the CITY and proof of award for this improvement, the STATE will pay to the CITY in a lump sum an amount equal to 100% of its obligation incurred under this Agreement. 6. The CITY shall maintain, for a minimum of 3 (three) years after the completion of the Project, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the Project shall be available for review and audit by the Auditor General and other STATE Auditors and the CITY agrees to cooperate fully with an audit conducted by the Auditor General and other STATE Auditors and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this paragraph shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under this Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. The CITY agrees to comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and non- discrimination regulations required by the Illinois Department of Transportation. 8. The CITY subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CITY shall -3- carry out applicable requirements of 49 CFR, Part 26, in the award and administration of STATE assisted contracts. Failure by the CITY to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the STATE deems appropriate. 9. The CITY agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along U.S. Route 20 without the consent of the STATE. 10. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 11. The CITY agrees to cause its utilities installed on right of way after said right of way was acquired by the STATE or installed within the limits of a roadway after the said roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no expense to the STATE. 12. The CITY agrees to obtain from the STATE an approved permit for all work to be included as part of this contract, and to abide by all conditions set forth therein. -4- 13. Maintenance provisions for all work to be included as part of this contract shall be covered in the State approved permit. 14. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is E9996-0771-05 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is 150 Dexter Court, Elgin, IL 60120. -5- Obligations of the STATE and the CITY will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. This AGREEMENT and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within the three years subsequent to execution of the agreement. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. City of Elgin Attest: 41 BY: �� __A �/ -/C---1 City Clerk Title: City Mayor (SEAL) Date: M 4/ ,2P/ of vo F STATE OF ILLINOIS DEPARTMENT OF TRA PORTATION� .�,// ' By: 4 i►. i. . By: •n R. Sees Ann L. Schneider Secretary of Transport._:; D ' , D' ector- Finance&Administration Date: \O'✓�� i ,^ �I I 1ate/ to -✓ -b I id By: / , ' ` By: Christine M. Reed, P.E. Ilen J. Schanzle-Haskins Director- Division of Highways Chief Counsel Chief Engineer Date: (.?1(C)5 Date: 6 3 - D(‘ S:\WP\Projsupp\AGMTSAw080521elginus2Oreimburseagr.doc -6- John Loete From: Jennifer Quinton Sent: Wednesday, December 10, 2008 9:53 AM To: John Loete Cc: Diane Robertson Subject: Reminder for 08-144 John, This is just a friendly reminder that we are still waiting for a fully executed agreement for intersection improvements at Rt. 20 and Nesler Road that was adopted by Resolution No. 08-144, on June 11, 2008. These agreements were sent to you by interoffice mail on June 24, 2008,and needed to be signed by the State of Illinois Department of Transportation. Please return one fully executed copy of the agreement to the City Clerk's office as soon as possible for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. Jennifer Quinton Deputy City Clerk City of Elgin 150 Dexter Court Elgin,IL 60120 Phone: 847-931-5666 Fax: 847-931-6027 Email: quinton j@cityofelgin.org 1