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HomeMy WebLinkAbout24-28 Resolution No. 24-28 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR CERTAIN IMPROVEMENTS OF US ROUTE 20 FROM NESLER ROAD TO WELD ROAD/LONGCOMMON PARKWAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the State of Illinois acting by and through its Department of Transportation, for certain improvements of US Route 20 from Nesler Road to Weld Road/Longcommon Parkway, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 14, 2024 Adopted: February 14, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FAP 345 US 20 from Nesler Rd to Weld Rd/Longcommon Parkway State Section: 345-23-SAFETY County: Kane Job No. : C-91-169-23 Contract No.: 62U84 Agreement No.: JN-124-013 AGREEMENT This Agreement entered into this day of , 20 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 STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of improving approximately 4,485 lineal feet of FAP Route 345, US 20 from Nesler Road to Weld Road/Longcommon Parkway, identified as STATE Job No.: C-91-169-23, Contract Number 62U84, STATE Section No. 345-23-SAFETY, as follows: The general scope of work consists of the pavement rehabilitation of US 20 from Nesler Rd to Weld Rd/Longcommong Parkway. Other work includes drainage system improvements, signing, lighting, traffic signal and safety improvements, intersection channelization and all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the CITY has requested that the STATE include in its contract emergency vehicle pre-emption equipment, 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. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, obtain all necessary rights of way, 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 pay for all right of way, construction and engineering cost subject to partial reimbursement by the CITY, as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost and cost proration for this improvement is as shown on Exhibit A attached hereto and made a part hereof. 4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost for this improvement, a copy of which is attached hereto as Exhibit B and made a part hereof. 5. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated in Exhibit B proves to be insufficient to cover said cost. 6. The CITY further agrees that, upon award of the contract for this improvement, the CITY will pay to the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this AGREEMENT. and will pay to said STATE the remainder of the obligation (including any non-participating costs on FA Projects) in a lump sum. upon completion of the project, based upon final costs. 7. The CITY has adopted a resolution, will send a letter, or sign the Plan Approval page which is part of this document, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. 8. 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 US 20 without the consent of the STATE. 9. Where applicable, the CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 10. 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. 11. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System." (92 III. Adm. Code 530). 12. The CITY agrees to obtain from the STATE an approved permit for any CITY owned utility relocated/adjusted as part of this improvement, and shall abide by all conditions set forth therein. 13. Upon final field inspection of the improvement and so long as US 20 is used as a STATE Highway, the STATE agrees to maintain or cause to be maintained the through traffic lanes, the left-turn lanes and right turn lanes, and the curb and gutter or stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes. 14. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE, including highway lighting, including furnishing the electrical energy therof, new and existing sidewalks, crosswalk and stopline markings, CITY owned utilities including appurtenances thereto and shall maintain the storm sewers and appurtenances by performing those functions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes, and catch basins along with the repair or replacement of inlet, manhole and catch basins' frames, grates or lids. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the aforedescribed responsibilities shall be that of the STATE. 15. The CITY further agrees to continue its existing maintenance responsibilities on all side road approaches under its jurisdiction within the limits of the improvement, including all left and right turn lanes on said side road approaches, up to the through edge of pavement of US 20. Drainage facilities. if any, at the aforementioned side roads located within the STATE right-of-way shall be the joint maintenance responsibility of the STATE and the CITY unless there is an agreement specifying different responsibilities. The CITY agrees to inspect stopline markings, symbols, special pavement treatments, crosswalks and replace as necessary to ensure proper motorist and pedestrian guidance. 16. Upon acceptance by the STATE of the new traffic signal work included herein, the financial responsibility for maintenance and energy charges for the operation of the traffic signal at the intersection(s) listed below shall be proportioned as follows: Intersection Maintenance Energy US 20 at Nesler Rd STATE Share 100% 0% CITY Share 0% 100% And shall continue a part of the current Master Agreement between the STATE and the CITY. 17. It is mutually agreed that the actual traffic signal maintenance will be performed by the STATE either with its own forces or through an ongoing contractual agreement. 18. The STATE's Electrical Maintenance Contractor will inspect, make note, and keep inventory of the CITY owned "EMERGENCY VEHICLE PRE-EMPTION" system to support the maintenance of the "EMERGENCY VEHICLE PRE- EMPTION" system. Inspection of the "EMERGENCY VEHICLE PRE-EMPTION" system shall include the phase selector, field wiring, optical detectors and cabinet appurtenances. When repair is necessary, the STATE's electrical contractor shall notify the CITY that their "EMERGENCY VEHICLE PRE-EMPTION" system is in need of maintenance repairs. When approved by the CITY, maintenance of their "EMERGENCY VEHICLE PRE-EMPTION" system is then performed accordingly. The STATE's electrical contractor shall invoice the CITY directly for all maintenance costs of the "EMERGENCY VEHICLE PRE-EMPTION" system. The CITY shall require end users of the emitters within its jurisdiction to enter into separate agreements with the contractor to have the emergency vehicle emitters tested in accordance with the recommendation of the Manufacturer of such equipment. 19. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the traffic signal included herein which requires modernization or reconstruction to said traffic signal then the CITY agrees to be financially responsible for its proportionate share in accordance with STATE policy to modernize or reconstruct said installation and will be responsible for all costs to relocate or reconstruct the Emergency Preemption equipment in conjunction with the STATE's proposed improvement. 20. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 36-6005862 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is: City of Elgin 150 Dexter Court Elgin, IL 60120 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SEE NEXT PAGE FOR SIGNATURES 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. CIT F E By: A,[ (Sign ure) Attest: By: David J. Kaptain (Print or Type) CI r Title: Mayor Date: February 14, 2024 (SEAL) • ,` ` .. , '\"` STATE OF ILLINOIS r' _ r': DEPARTMENT OF TRANSPORTATION ' Jose Rios. P.E. << � Region One Engineer Date: Job No.:C-91-169-23 Agreement No.:JN-124-013 PLAN APPROVAL WHEREAS, in order to facilitate the improvement of FAP Route 345, US 20 from Nesler Rd to Weld Rd/Longcommon Parkway, State Section No: 345-23-SAFETY, Contract No. 62U84, the CITY agrees to that portion of the plans and specifications relative to the CITY's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed improvement. Approved Mike Pubentz, P.E. MI2t75 Title Public Services Director Date January 24, 2024 EXHIBIT A ESTIMATE OF COST Contract 62U84 FEDERAL STATE Elgin TOTAL Type of Work $ % $ % $ % $ All roadway work excluding the following: $1,342.160 80% $335,540 20% $1,677,700 P&C Engineering (15%) $201,324 80% $50,331 20% $251,655 TRAFFIC SIGNALS US 20 at Nesler Road $217,148 80% $36,182 13.33% $18,105 6.67% $271,435 P&C Engineering (15%) $32,572 80% $5,429 13.33% $2,716 6.67% $40,715 Emergency Vehicle Pre-emption System $1,054 100% $1,054 P&C Engineering (15%) $158 100% $158 Relocate Existing Light Poles $49,157 80% $12,289 20% $61,446 P&C Engineering (15%) $7,374 80% $1,843 20% $9,217 TOTAL $1,849,735 $441,614 $22,033 $ 2,313,380 NOTE: Local participation shall be predicated upon the percentages shown above for the specified work. Local Agency cost shall be determined by multiplying the final quantities times contract unit price plus the percentage shown for construction and/or preliminary engineering unless otherwise noted. Exhibit B FUNDING RESOLUTION WHEREAS, the CITY OF ELGIN (CITY) has entered into an AGREEMENT with the STATE OF ILLINOIS (STATE)for the improvement of US 20 from Nesler Rd to Weld Rd/Longcommon Parkway. known as Contract No. 62U84, STATE Section No.: 345-23-SAFETY: and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to appropriate sufficient funds to pay its share of the cost of said improvement. NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of Twenty Two Thousand Thirty Three Dollars ($22.033.00) or so much thereof as may be necessary. from any money now or hereinafter allotted to the CITY. to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the CITY will pay to the STATE in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this AGREEMENT, and, upon completion of the project. will pay to said STATE the remainder of its obligation, based on final costs: and BE IT FURTHER RESOLVED, that the CITY agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient, to cover said cost. STATE OF ILLINOIS ) COUNTY OF KANE ) . CITY Clerk in and for the CITY of ELGIN. hereby certify the foregoing to be a true perfect and complete copy of the resolution adopted by the CITY Board at a meeting on , 20 A.D. IN TESTIMONY WHEREOF. I have hereunto set my hand seal this day of . 20 A.D. CITY Clerk (SEAL)