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86-0812 IDOT Tyler Creek Detention Build Illinois SPONSORSHIP AGREEMENT between the CITY OF ELGIN, ILLINOIS and the STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION for the TYLER CREEK DETENTION RESERVOIR This Agreement made and entered into this 12th day of August 1986, between the City of Elgin, Illinois, hereinafter referred to as the "CITY" and the 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 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, the CITY has developed a flood control improvement to reduce flooding problems in and along Tyler Creek and to provide economic incentives to local developers by consolidating on-site detention requirements in one large detention reservoir of which a portion thereof is to be built with state construction funds appropriated under Section 2.12 of the Build Illinois Program enacted by the Illinois General Assembly and signed into law as Public Act 84-110 (House Bill 993) , approved July 25, 1985, and WHEREAS, the project qualifying for state construction funding has been identified as a major flood water detention reservoir located on Tyler Creek upstream of Randall Road in Kane County, Illinois with appurtenant structures, including a storm water pump station at Wilharm Creek; 2000 lineal feet of low dike to protect adjacent railroad property from infrequent flooding; an earthen protective works at an upstream tile drainage outlet; and a principal earthen embankment 1300 feet long and containing approximately 150,000 cubic yards of material , a reinforced concrete service spillway 35 feet wide containing three 10.0 foot by 7.0 foot radial gates, a 35 foot by 28 foot concrete apron leading to a plunge pool energy dissipator, an emergency spillway 125 feet long and a 6 foot by 6 foot low flow conduit which will unwater the reservoir after each flood event and which will permit the 5-year frequency flood event to pass through the reservoir without induced storage; all in general accord with the planning report entitled "Hydrologic Inventory - Tyler Creek Watershed - Kane County, Illinois - 1976" and with the plan drawing of the improvement attached hereto marked "FIGURE 1 " and made a part hereof by reference, such improvement works collectively will hereinafter be referred to as the "IMPROVEMENT" ; with the further dual specification that the project is to be designed and constructed in accord with "Rules for Construction and Maintenance of Dams" as published by the DEPARTMENT and that the IMPROVEMENT will be constructed under a permit issued by the DEPARTMENT separate and apart from this Agreement. NOW THEREFORE, for and in consideration of the benefits to be derived from the construction of the IMPROVEMENT, the parties hereto agree to the following terms and conditions : A. SPECIAL 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 convenants agreed to by the DEPARTMENT which require funding are subject to the reappropriation of funds appropriated under Public Act 84-110. 3. The DEPARTMENT's funding obligations under this Agreement will terminate upon completion of the IMPROVEMENT, when the total $500,000 is expended, or June 30, 1987, subject to the reappropriation of funds, whichever comes first, allowing to September 15, 1987 to pay for expenses already obligated. 4. All the provisions of this Agreement will be binding upon the successors and assigns of the principal parties hereto. 5. This Agreement may be modified, assigned, supplemented, amended or -2- extended by mutual agreement, in writing, by the principal parties hereto. B. DEPARTMENT OF TRANSPORTATION 1 . The DEPARTMENT reserves the right to review and give conceptual approval of the final IMPROVEMENT plan. The DEPARTMENT also reserves the right to review and approve the final design plans and specifications prior to the CITY advertising for bids. Further, the DEPARTMENT reserves the right to review all bids received and approve the acceptance of a bid or the rejection thereof, and the right to make random inspections during the construction of the IMPROVEMENT. 2. The DEPARTMENT will participate in the construction costs of the IMPROVEMENT up to a maximum of $500,000. The DEPARTMENT will pay such amount either periodically or in one lump sum based on billing(s) furnished by the CITY with proper documentation that the work covered under such billing(s) has been completed, that the expenses billed are in connection with the construction of the IMPROVEMENT and in line with the bid accepted for construction thereof. 3. The DEPARTMENT, after construction completion, will make periodic inspections of the IMPROVEMENT in order to assure that adequate maintenance is being accomplished on the IMPROVEMENT. Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and the DEPARTMENT. Failure of the CITY to properly maintain the IMPROVEMENT as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty (30) days written notice and continued failure of the the CITY to perform the necessary maintenance work, to enter upon any of the IMPROVEMENT lands, -3- easements or rights-of-way, hereinafter referred to as "land 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. C. CITY OF ELGIN 1 . The CITY will prepare, or cause to be prepared, at no cost to the DEPARTMENT, the final design plans, specifications and contract documents, and will do all work necessary to advertise for bids, make the contract award and supervise the construction of the IMPROVEMENT. The plans will show the designated land rights required for the construction and maintenance of the IMPROVEMENT. 2. The CITY will acquire in the name of the CITY, without cost to the DEPARTMENT, all land rights required for the construction and maintenance of the IMPROVEMENT. All expenses associated with the land rights acquisition such as title commitments, attorney fees, survey cost, preparation of legal descriptions and plat drawings, appraisal costs, recording costs and any other such incidental expenses will be borne by the CITY. 3. The CITY will be responsible for all utility alterations or relocations required as a result of the IMPROVEMENT construction. Utilities include, but are not limited to, electrical , telephone and cable television lines and oil , gas, sewer and water pipelines. It is understood that the costs for utility alterations or relocations, which might be shown in the plans approved by the DEPARTMENT, will not be allowed for payment with state funds. 4. The CITY will be responsible for obtaining all federal , state and local permits required to construct the IMPROVEMENT. The DEPARTMENT' s review and approval of the final design plans under -4- the terms of this Agreement does not relieve the CITY from obtaining any required DEPARTMENT permit. 5. The CITY will be responsible for any and all costs to complete the construction of the IMPROVEMENT over and above the $500,000 participation by the DEPARTMENT. 6. The CITY will assume all responsibility for maintenance of the IMPROVEMENT after construction completion. The IMPROVEMENT will be maintained in such a manner to assure that it will continue to serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clean of all trash and other debris, or any other matter which may tend to impede the proper and free flow of water. Grass covered areas will be mowed to a height of six inches or less at least twice each year. On areas that cannot be mowed, measures will be taken annually to eliminate all woody growth larger than one-half inch in diameter. Measures will also be taken as conditions require to correct any substantial erosion problem within the IMPROVEMENT area. The IMPROVEMENT will be maintained in such a manner to assure that it will provide the required waterway capacity during flood, low flow, and during all other periods. 7. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce appropriate ordinances satisfactory to the Federal Insurance Administration and the DEPARTMENT which the CITY is required to enact relative to the regulation of development in floodplains under the jurisdiction and control of the CITY. 8. The CITY hereby gives the DEPARTMENT the right of access to and the right of examination during regular business hours of all books, records, papers, material and other information or data -5- which the CITY may have concerning the construction of the IMPROVEMENT accomplished under the terms of this Agreement. 9. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all cost connected therewith such as attorney and witness fees, filing fees and any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage or any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the IMPROVEMENT. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written; that the Mayor of the CITY be and is authorized to execute this Agreement on behalf of the CITY. STATE OF ILLINOIS RECOMMENDED: APPROVED: i6c4e4/: � G Donald R. Vonnahme, Director H. R. Hanley, Secretary Division of Water Resources Department of Transportation Date: CITY OF ELGIN ATTEST: APPROVED: 1 / ��G4 ._J.. I 'arse 'earman, r!ity er Richard L. Verbic, Mayor Date: ile./11 / / e6 -6- .ITIllinois Department of Transportation Division of Water Resources 2300 South Dirksen Parkway/Springfield, Illinois/62764 August 26, 1986 Melford A. Dahl , P.E. Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5557 Dear Mr. Dahl : Enclosed for the records of the City of Elgin is a fully executed copy of the Agreement dated August 12, 1986 between the City and the Department of Transportation covering the construction of the Tyler Creek Detention Reservoir. The Department is participating in this project under the Build Illinois Program. Public Act 84-1306 (Senate Bill 1734), approved August 22, 1986, reappropriates the funding for this project. The $500,000 for this project has been released as required by law and is ready for use. Also enclosed is a list of staff members to contact regarding approvals by this Division required under the terms of our agreement. They will designate someone within their Bureau to work closely with you to bring this project to a satisfactory completion. Sincerely, Wi/10*4•e-04+02 - i.�" L; ii- J s r ii V -P [ri 1 Donald P . Vonnahme ?. —, Director AUG 2 9 1986 Enclosures CITY u= ELGIN ENGINEERING cc : John C. Guillou Contact Person for TYLER CREEK DETENTION RESERVOIR City of Elgin, Illinois CONCEPTUAL APPROVAL OF DESIGN Mr. Melvin R. Allison Bureau Chief Bureau of Planning Division of Water Resources 2300 South Dirksen Parkway Springfield, Illinois 62764 217/782-4637 APPROVAL OF FINAL DESIGN PLAN Mr. Nicholas J. Geibel Bureau Chief Bureau of Design and Land Rights Division of Water Resources 2300 South Dirksen Parkway Springfield, Illinois 62764 217/782-0900 APPROVAL OF BID AND PAYMENTS Mr. James T. Takahashi Bureau Chief Bureau of Construction and Operations Division of Water Resources 1000 Plaza Drive Schaumburg, Illinois 60196 312/884-4331 . RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Department of Transportation of the State of Illinois for the Tyler Creek Detention Reservoir, a copy of which is attached hereto and made a part hereof by reference. s/ Ri rharc3 T. Varbi ' Richard L. Verbic, Mayor Presented: August I I, 1986 Adopted: August 11, 1986 Vote: Yeas 6 Nays p Recorded: Attest: s/ Maria Yearman Marie Yearman, City Clerk State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true,and correct copy of Resolution authorizing execution of an agreement with The Department of Transportation of the State of Illinois, the original of which is entrusted to my care for safe keeping. In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the City of Elgin atthe said City in the County and State aforesaid this .14th day of August , 1986 act..21:4.4....stit...401.444.44Ld Clerk. (SEAL)