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97-197 Resolution No. 97-197 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE FOR THE RANDALL ROAD AND HIGHLAND AVENUE INTERSECTION IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the County of Kane for the Randall Road and Highland Avenue intersection improvements, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 23 , 1997 Adopted: July 23, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF KANE AND THE CITY OF ELGIN (Randall Road/Highland Avenue) This Agreement entered into this 10th day of February 1998, by and between the County of Kane, a body corporate and politic of the State of Illinois (hereinafter the "County") and the City of Elgin, a municipal corporation of the State of Illinois (hereinafter "City") . WITNESSETH WHEREAS, both the County and the City are authorized, pursuant to the Illinois Constitution of 1970 as well as the Illinois Compiled Statutes, 5 ILCS 220/1 et seq. to cooperate amongst themselves and to enter into agreements with one another for their common benefit; and, WHEREAS, the County and the City, in order to insure the safety of the motoring public, have developed plans for the general improvement of the intersection of Kane County Highway No. 34, also commonly referred to as Randall Road and County Highway No. 47, also commonly referred to as Highland Avenue, and that portion of Highland Avenue under the jurisdiction of the City; and, WHEREAS, the improvement as contemplated shall be from a point approximately 242 m (794 ft. ) east of the intersection of Randall Road and Highland Avenue to a point approximately 242 m (794 ft. ) west of Randall Road on Highland Avenue and from a point approximately 308 m (1010 ft. ) north of Highland Avenue on Randall Road to a point approximately 223 m (731 ft. ) south of Highland Avenue on Randall Road; and, WHEREAS, the improvement shall generally consist of updating the signalization of the intersection, channelization and widening of the intersection and is more specifically set forth in the plans and specifications of Section 95-00176-00-CH (hereinafter referred to as ,the "Improvement") ; and, WHEREAS, the County and the City have determined a mutually satisfactory distribution of all costs for said improvement as contemplated; and, WHEREAS, the improvement will be of immediate benefit to the residents of the County, the City and the State of Illinois. NOW, THEREFORE, in consideration of the preambles stated herein above and for other good and valuable consideration the sufficiency of which is agreed to between the parties, both the County and City agree, covenant and mutually bind themselves as follows; to wit: 1. The County agrees to make or cause to be made all surveys, prepare or cause to be prepared the plans, specifications and estimates, furnish a resident engineer together with construction engineering, proportioning of material, inspection during construction, sampling and testing of material in accordance with the Standard Specifications for Road and Bridge Construction and otherwise cause the improvement to be built in accordance with approved plans, specifications and the construction contract therefor. 2 . The County agrees to acquire or cause to be acquired all right-of-way necessary to complete the entire improvement in the name of the County. 3 . The County shall submit the final plans for the entire improvement to the City of Elgin and the Illinois Department of Transportation for approval. Upon approval thereof, the County shall advertise for bids and award a contract for the construction of the entire improvement to the lowest qualified bidder. 4 . The County and the City mutually agree that the estimated costs of the improvement are: DESIGN CONSTRUCTION TOTAL CONSTRUCTION ENGINEERING ENGINEERING $1,050,000.00 $913,500.00 $68,250.00 $68,250.00 5. The County and the City agree that the distribution of costs for the improvement shall be as set forth hereinbelow: A. Traffic Signalization, Illumination System, Pavement Widening and Pavement Reconstruction Percentage of Approximation Total Cost of Total Cost* COUNTY 87 . 5% $799, 325. 00 CITY 12 . 5% $114, 175 . 00 B. Design Engineering Percentage of Approximation Total Cost of Total Cost* COUNTY 100% $68, 250. 00 CITY 0% 0 C. Construction Engineering Percentage of Approximation Total Cost of Total Cost* COUNTY 75% $51, 200. 00 CITY 25% $17, 050. 00 *Subject to adjustment depending on actual cost of engineering and construction. 6. The approximate estimated final cost of the design and construction engineering for and the construction of the improvement is One Million Fifty Thousand and 00/100 Dollars ($1, 050, 00. 00) . The County's approximate share of the estimated final cost shall be Nine Hundred Eighteen Thousand Seven Hundred Fifty and 00/100 dollars ($918 , 750. 00) . The City's approximate share of the estimate final cost shall be One Hundred Thirty One Thousand Two Hundred Fifty and 00/100 dollars ($131, 250. 00) . Both the County and the City specifically acknowledge that the estimated final total costs as set forth herein may be adjusted either upward or downward to reflect the actual final total cost of design and construction of the improvement. Both the County and the City agree that each party will be responsible for their proportionate share of any upward adjustment in final total costs. With the exception of the traffic light, the cost of all improvements east of the east right-of-way line of Randall Road on Highland Avenue shall be shared equally by the City and the County. The cost of all other improvements shall be the responsibility of the County. 7 . The County and the City have passed respective resolutions appropriating sufficient funds to pay their share of the cost of the improvement and will in the future pass any supplemental resolution to provide any additional funding in the event amounts previously appropriated are insufficient to pay for their proportionate shares. 8 . The City agrees to pay to the County the City's proportionate share of final total costs of the improvement according to the following schedule: a) 50% of the City's share of the final total costs upon award of the contract for the improvement. b) 50% of the City's share of the final total costs upon acceptance of the improvement by the County. Acceptance of the improvement shall be determined solely by the County. 9 . The County agrees to advance all costs of the improvement subject to reimbursement from the City as aforementioned. 10. The County and the City agree to exercise their franchise rights to cause public or private utilities to be relocated when necessary from their respective right-of-ways. 11. The County shall, upon completion of the improvement, retain jurisdiction of all portions of Kane County Highway No. 34 and Kane County Highway No. 47 and all additional right-of-way acquired therefor. The City shall maintain Highland Avenue east of Randall Road in acordance with the 1981 agreement. 12 . Upon activation of the traffic signalization and illumination system, the financial responsibility for maintenance and electrical energy for the operation of said traffic signals shall be proportionately shared as follows: Traffic Signalization Maintenance (Level II) and Illumination System Maintenance Agency Percentage of Cost Approximate Cost* COUNTY 100% $200 . 00/Mo. CITY 0% 0 *Subject to potential increases based upon potential yearly increase in contractual maintenance. Traffic Signal Electrical Energy and Illumination System Energy Agency Percentage of Cost Approximate Cost* COUNTY 0% 0 CITY 100% $170 . 00/Mo. *Subject to increases in the cost of electrical energy. 13 . It is further understood and agreed by the County and the City that maintenance of traffic signals will be performed by the County by contractual agreement. The County shall retain the right to control the sequence and the timing of the traffic signals. The City shall arrange to have electrical power provided for the operation of the traffic signals and shall cause all invoices for said electric power to be presented to the City. 14 . This Agreement and the covenants contained herein shall be null and void in the event that the contract for construction is not awarded by January 1, 2000. 15. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 16. In the event a dispute arises regarding the terms of this Agreement, the copy in the possession of the County shall control. 17. No oral modification, amendment, or change shall be allowed to this Agreement. Any modification, amendment, or change hereto shall be in writing signed by both the City and the County. 18 . In the event that any provision of this Agreement shall be found by a court of competent jurisdiction to be void, such finding shall not invalidate the remaining provisions hereof. Executed on the date aforesaid. THE CITY OF ELGIN THE COUNTY OF KANE Kevin Kelly Mich:el McCoy Mayor, City of Elgin Chairman, Kane Co my Board Lorraine Sava City Clerk Kane County Clerk Agmintlmd-hgh.elg Q- Lam. ! § C it of E I i n Agenda Item No. Y 9 "00,_ July 1, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Highland Avenue/Randall Road Intersection Improvements Intergovernmental Agreement with Kane County PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider entering into an Intergovernmental Agreement with Kane County. BACKGROUND rft The City of Elgin entered into an agreement with Kane County in 1981 for joint maintenance of Highland Avenue between North McLean Boulevard and Randall Road. Please refer to Exhibit A. The Kane County Highway Department has prepared plans for permanent signals and pavement improvements for the intersection of Randall Road and Highland Avenue. These plans include reconstruction and widening improvements to the intersection of Highland Avenue and Randall Road covered in the 1981 agreement. Kane County, by letter dated June 4, 1997, has requested the City to pay for energy charges to the new signals and participate in the roadway design and construction cost per the 1981 agreement. Please refer to Exhibit B for the June 4, 1997 letter and a copy of the intergovernmental agreement. The City of Elgin has agreed to accept energy costs at other Kane County signal installations because, per the ComEd franchise agreement, the City does not pay for energy to power traffic signals . The financial participation, as outlined by the 1981 agreement, requires the City and the County to each pay 50% of any widening, reconstruction or construction on the east leg of Highland Avenue. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Highland Avenue/Randall Road Intersection Improvements July 1, 1997 Page 2 FINANCIAL IMPACT The proposed Intergovernmental Agreement would require the �✓ City to pay $131,225 . 00 towards the improvement of the Randall Road/Highland Avenue intersection. Please see the attached Intergovernmental Agreement for a breakdown of all costs . A resolution will have to be passed committing the City to budget $131,225 . 00 in the 1998 budget. A funding source would have to be identified during the 1998 budget process . LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the Intergovernmental Agreement with Kane County. rm- Respectfully submitted, , David L. Lawry, P. D . - or of Publi• • ks i l' 44"....._ Ro:ert • . alm In erim City Manager SP/do Attachments rib.' ____