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HomeMy WebLinkAbout25-109Resolution No. 25-109 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE MAINTENANCE OF ILLINOIS ROUTE 25/DUNDEE AVENUE RESURFACING PROJECT WHEREAS, the CITY OF ELGIN (CITY) has entered into an AGREEMENT with the STATE OF ILLINOIS (STATE) for the improvement of IL 25 from South of I-90 to Page Avenue known as Contract No. 62X59, State Section 2024-1017-RS; 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 One Hundred Thousand Seven Hundred Forty-Eight Dollars($100,748)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 will pay to said STATE the remainder of the obligation in a lump sum, upon completion of the project, 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. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2025 Adopted: June 11, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk STATE OF ILLINOIS) COUNTY OF KANE ) I, Kimberly A. Dewis, 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 Council at a meeting on June 11, 2025. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this 11 th day of June, 2025. ha64(4 ity Clerk ,L. a µass1 ` .\ iā€˜4 ,4ā€ž\q/ ,pt: ice( •' 2 FAP 360 IL 25 (Dundee Ave) From South of 1-90 to Page Ave State Section: 2024-1017-RS Kane County Job No.: C-91-070-25 Contract No.: 62X59 JN-125-031 AGREEMENT This Agreement entered into this 11th day of June 2025 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 5,939 lineal feet of FAP 360 IL 25 (Dundee Avenue) from South of 1-90 to Page Avenue, State Section 2024-1017-RS, State Job No.:C-91-070-25, State Contract Number 62X59 as follows: The proposed improvement includes pavement patching, pavement resurfacing, traffic signal modernization, various sidewalk and brick paver removal and replacement with improvement limits, ADA curb ramp improvements and any 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 at IL 25 and Page Avenue, IL 25 and Congdon Avenue and IL 25 and Luda Street, 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 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 Illinois 25 (Dundee Ave) without the consent of the STATE. 9. 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 IL 25 (Dundee Avenue) is used as a STATE Highway, the STATE agrees to maintain or cause to be maintained the median, the through traffic lanes, the left-turn lanes and right turn lanes, 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 new and existing sidewalks and shared use paths, brick pavers, parkways, the trees in the median, crosswalk and stop line 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. The CITY agrees to inspect stop line markings, symbols, special pavement treatments, crosswalks and replace as necessary to insure proper motorist and pedestrian guidance. 15. The CITY further agrees to continue its existing maintenance responsibilities on all side road approaches under its jurisdiction, including all left and right turn lanes on said side road approaches, up to the through edge of pavement of IL 25 (Dundee Avenue). 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. 16. Upon acceptance by the Department of Transportation of the traffic signal improvement at IL 25 (Dundee Avenue) at Page Avenue, 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 Enemy IL 25 (Dundee Ave) at Page Ave STATE Share 66.7% 67.7% CITY Share 33.3% 33.3% And shall continue as outlined in 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 with its own forces or through 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 may require end users of the emitters within its jurisdiction to enter into separate agreements with the STATE's electrical 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. CI GIN By: Signature) At - . By: Richard G. Kozal Print or Type) Title: City Manager Ras , 4 " Date: June 11, 2-25 s S STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION n ` By: Jose Rios, P.E. Region One Engineer Date: Job No.: C-91-070-25 Agreement No.: JN-125-031 PLAN APPROVAL WHEREAS, in order to facilitate the improvement of FAP 360 IL 25 (Dundee Avenue), Contract No. 62X59, State Section 2024-1017-RS, 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 Title Date Public Services Director June 11, 2025 EXHIBIT A ESTIMATE OF COST Contract 62X59 FEDERAL STATE CITY OF ELGIN TOTAL Type of Work All roadway work excluding the 1,587,979 80% $396,995 20% following: 1,984,973 P&C Engineering(15%) 238,197 80% $59,549 20% 297.746 TRAFFIC SIGNALS IL 25(Dundee Ave)at Page Ave 246,051 80% $40.906 13.3% $20.607 6.7% 307,564 P&C Engineering(15%) 36,908 80% $6,136 13.3% $3,091 6.7% 46,135 Emergency Vehicle Preemption 9,000 100% 9,000 P&C Engineering(15%) 1.350 100% 1,350 Emergency Vehicle Preemption at IL 25(Dundee Ave)at Congdon Ave 9,000 100/° 9,000 P&C Engineering(15%) 1,350 100% 1,350 Emergency Vehicle Preemption at IL 25(Dundee Ave)at Luda Street 9,000 100% 9,000 P&C Engineering(15%) 1,350 100% 1,350 SIDEWALKRemovalof deteriorated sidewalk by City 15,000 100% 15,000 P&C Engineering(15%) 2,250 100% 2,250 Sidewalk replacement 124,370 80% $31,093 20% 155,463 P&C Engineering(15%) 18.656 80% $4,664 20% 23.319 MISCELLANEOUS Removal and Replacement of deteriorated brick pavers 25,000 100% 25.000 P&C Engineering(15%) 3,750 100% 3,750 TOTAL 2,252,160 539,342 100,748 2,892,250 NOTE: The Local's participation shall be predicated upon the percentages shown above for the specified work.The Local Agency's 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 IL 25 from South of 1-90 to Page Avenue known as Contract No. 62X59, State Section 2024-1017-RS; 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 One Hundred Thousand Seven Hundred Forty-Eight Dollars ($100,748) 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 will pay to said STATE the remainder of the obligation in a lump sum, upon completion of the project, 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) 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 2025 A.D. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this day of 2025 A.D. Clerk SEAL)