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02-255 7 Resolution No. 02-255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U. S . ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the U. S . Route 20 and Rose Lane intersection improvement, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10 , 2002 Omnibus Vote: Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FAP Route 345 State Section 7Y-N-3 County Cook Job No. C-91-249-01 JN-102-515 AGREEMENT This agreement entered into this lothday of July, A.D., 20 02 ,by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the City of Elgin, County of Cook, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving approximately 2094 lineal feet of U.S. Route 20, FAP Route 345, State Section: 7Y-N-3, State Job No.: C-91-249-01, by making the following improvement. Intersection reconstruction and relocation of U.S. Route 20 at Rose Lane, providing 2-12 foot through traffic lanes in each direction, with variable left turn lanes on all legs and variable width right turn lanes on U.S. Route 20, existing Rose Lane will be modified to a right Wright out configuration, installing permanent traffic signals at the U.S. Route 20 intersection with Rose Lane, and incorporating Rose Lane in the closed loop interconnect system on U.S. Route 20 from Shales Parkway/Bluff City Boulevard to Naperville Road,constructing curb and gutter and a storm sewer system for highway drainage, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the CITY has agreed to become the lead agency in this improvement; and WHEREAS, the STATE is agreeable to participating in its proportionate share of the costs associated with the intersection improvement; and WHEREAS, the STATE and the CITY are 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 CITY 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 plans, specifications and contract. 2. The CITY also agrees to pay or provide for the payment of, all right-of-way, construction and engineering costs subject to reimbursement by the STATE as hereinafter stipulated. The City agrees to negotiate with the E.J. &E. Railroad for any adjustments on or around railroad right of way. 3. The STATE agrees to reimburse the CITY for the actual cost of preliminary and construction engineering and construction of the intersection improvements, for normal STATE policy payable items, up to a maximum amount of$600,000. -2- 4. The CITY agrees to obtain and pay for the cost of acquiring all necessary right of way to complete the project. 5. Upon the execution of this Agreement,proof of award of the contract for this improvement, and receipt of an invoice, the STATE will pay the CITY, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said CITY the remainder of its obligation in a lump sum, upon completion of the project, and receipt of a final invoice, based upon final cost, up to a maximum STATE participation limit of $600,000. 6. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 7. The CITY agrees to cause its utilities located 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. 8. 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) -3- •9. The CITY agrees to obtain from the STATE an approved permit for the facility, and to abide by all conditions set forth therein. 10. The CITY has adopted, and will put into effect, prior to the CITY advertising for the work to be performed hereunder, an ordinance requiring that parking be prohibited , along U.S. Route 20 within the limits of this improvement, within the CITY limits, a copy of which is attached hereto as Exhibit B and made a part hereof, and will, in the future, prohibit parking at such locations within, or immediately adjacent to, this improvement, as may be determined by the STATE or be necessary from traffic capacity studies. 11. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's advertising for the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, prohibiting the discharge of sanitary sewage and industrial waste water into any storm sewers constructed as a part of this improvement along U.S. Route 20, a copy of which is attached hereto as "Exhibit C". 12. Prior to the CITY advertising for the work proposed hereunder, the disposition of encroachments will be cooperatively resolved with representatives from the CITY and the STATE. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's advertising for the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance,relative to the disposition of encroachments and -4- • prohibiting, in the future, any new encroachments within the limits of the improvement, along U.S. Route 20, a copy of which is attached as "Exhibit D". 13. It is mutually agreed by and between the parties hereto that the issuance of an approved permit by the STATE, will act as an approval of the plans and specifications as prepared by the CITY of its agent, prior to the CITY advertising for the work to be preformed hereunder. 14. 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. 15. Upon completion of the improvement and final field inspection by the STATE, and so long as U. S. Route 20 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 and right turn lanes, and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes. The STATE will be responsible for the maintenance of lane line and median line markings. 16. 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 parking lanes and their adjacent curb and gutter, sidewalks,parkways, guardrails, crosswalk and stopline markings on all effected highways, the mast arm cross -5- street signing facing CITY maintained streets, CITY owned utilities, including all highway appurtenances thereto, highway lighting, including furnishing the electrical energy thereof, 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, plus structural failures to a maximum length of 12 feet between adjacent manholes. The maintenance, repair, and/or reconstruction of storm sewers constructed as a part of this improvement beyond the aforedescribed responsibilities shall be that of the STATE. 17. The CITY agrees to retain ownership,jurisdiction and maintenance of the newly constructed Rose Lane. 18. The CITY shall maintain, for a minimum of 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 any 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 -6 • - . STATE under this Agreement for which adequate books,records, and supporting documentation are not available to support their purported disbursement. { t 19. 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 STATE. 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 contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 20. Upon acceptance by the STATE of the new permanent traffic signal installation included herein, the responsibility for maintenance and energy shall continue to be incorporated as outlined in the Master Agreement executed by the STATE and the CITY on March 3, 1982. 21. It is also understood that the STATE will maintain the closed loop interconnect system on U.S. Route 20 from Shales Parkway/Bluff City Boulevard to Naperville Road. -7- • • Obligations of the STATE 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 become null and void in the event the contract covering the construction work contemplated herein is not awarded within • 3 years subsequent to execution of this Agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. City of Elgin i By: - Mayor Date: ��( 3 )0 2 O o Z ATI EST:RO‘`-el--42 /7( d City Clerk (SEAL) BY STATE OF TLT BY .TNOIS DEPAR I NT OF TRANSPORTATION AA � Director— inance&Administrator Date: Au/us 7 2002 BY: (1 By: Wv g9,14/V0.6 Chief Counsel Secretary S:\WP\ProjsuppWGMTS\kwt1020304e1ginagrus20agr.doc -8- • • State of Illinois ) County of Kane) ss. City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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 NO. 02-255 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U.S. ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT adopted by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. City Clerk (SEAL) • • Resolution No. 02-255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U. S . ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT BE- IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the U. S . Route 20 and Rose Lane intersection improvement, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • • State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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: ORDINANCE NO. G45-02 AN ORDINANCE RESTRICTING PARKING ALONG LAKE STREET AND U.S. ROUTE 20 WITHIN THE CITY OF ELGIN passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. City Clerk (SEAL) Ordinance No. G45-02 AN ORDINANCE RESTRICTING PARKING ALONG LAKE STREET AND U. S . ROUTE 20 WITHIN THE CITY OF ELGIN WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between the E . J. and E . Railroad and the east city limits in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along Lake Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That parking shall not be permitted along Lake Street form Shales Parkway to the eastern city limits . Section 2 . That the City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to Lake Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public . Section 3 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002 , by and between the State of Illinois and the City of Elgin. Section 4 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10 , 2002 Passed: July 10 , 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11 , 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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: ORDINANCE NO. G46-02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U.S. ROUTE 20)AT ROSE LANE IMPROVEMENTS passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. City lerk (SEAL) • • Ordinance No . G46-02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U. S . ROUTE 20) AT ROSE LANE IMPROVEMENTS WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U. S . Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project includes the installation of storm sewers and drainage facilities; and WHEREAS, a portion of this project runs through the City of Elgin including the installation of storm drains and drainage facilities . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . No person, firm, corporation or other entity shall discharge any sanitary waste or industrial waste water into any storm sewer or drainage facility constructed as part of the Lake Street improvement, said limits of improvement being between Shales Parkway and the east city limits, and a portion of which passes through the City of Elgin. Section 2 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10 , 2002 , by and between the State of Illinois and the City of Elgin. Section 3 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10 , 2002 Passed: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11 , 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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: ORDINANCE NO. G47-02 AN ORDINANCE PROHIBITING ENCROACHMENT WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U.S. ROUTE 20) passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. AkvLi--Q /2 City Clerk (SEAL) ' • -+ , • Ordinance No. G47-02 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U. S . ROUTE 20) WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U. S . Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of this project runs through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That no person, firm, corporation or other entity shall install , place, maintain or construct any structure that encroaches upon the State of Illinois right of way on Lake Street within the limits of the City of Elgin. Section 2 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10 , 2002 , by and between the State of Illinois and the City of Elgin. Section 4 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11, 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G46-02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U.S . ROUTE 20) AT ROSE LANE IMPROVEMENTS WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S . Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project includes the installation of storm sewers and drainage facilities; and WHEREAS, a portion of this project runs through the City of Elgin including the installation of storm drains and drainage facilities . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . No person, firm, corporation or other entity shall discharge any sanitary waste or industrial waste water into any storm sewer or drainage facility constructed as part of the Lake Street improvement, said limits of improvement being between Shales Parkway and the east city limits, and a portion of which passes through the City of Elgin. Section 2 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002 , by and between the State of Illinois and the City of Elgin. Section 3 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11, 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G47-02 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U. S . ROUTE 20) WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S . Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of this project runs through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That no person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches upon the State of Illinois right of way on Lake Street within the limits of the City of Elgin. Section 2 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002 , by and between the State of Illinois and the City of Elgin. Section 4 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11, 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G45-02 AN ORDINANCE RESTRICTING PARKING ALONG LAKE STREET AND U. S . ROUTE 20 WITHIN THE CITY OF ELGIN WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between the E.J. and E. Railroad and the east city limits in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along Lake Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That parking shall not be permitted along Lake Street form Shales Parkway to the eastern city limits . Section 2 . That the City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to Lake Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public . Section 3 . That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002 , by and between the State of Illinois and the City of Elgin. Section 4 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: July 11, 2002 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois /62764 August 8, 2002 SUBJECT: PRELIMINARY ENGINEERING Joint City - State Agreement Elgin FAP Route 345 (U.S. 20) Section 7Y-N-3 Job No. C-91-249-01 Cook County Ms. Dolonna Mecum City Clerk 150 Dexter Court Elgin, IL 60120 Dear Ms. Mecum: The Joint Agreement providing for the improvement of this section has been executed by this department. I am sending you an original counterpart of the executed Agreement. Very truly yours, 44-3Chery athey, P.E. Chief of Preliminary E ineering • Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois 60196-1096 June 28, 2000 I JJUN 3 0 2000 The Honorable Ed Schock Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Schock: On June 12, 2000, we met with Messrs. David Lawry and Joseph Evers of your staff to discuss the improvement of U.S. Route 20 at Rose Lane. This will serve as a Letter of Intent outlining the terms discussed at that meeting. The City of Elgin will be responsible for preparing or causing to be prepared the required engineering documents and will let and award the contract. The City will process this project through the Department's Bureau of Traffic Permit Section. The Department will reimburse the City for construction costs associated with this intersection improvement up to a maximum of S600,000. This funding will be available in the Department's Fiscal Year 2002 Program timeframe (July 1, 2001-June 30, 2002). The Department will prepare a City/State agreement, which will state that the reimbursement to the City will be 95% upon award of a contract and receipt of an invoice from the City and 5% upon completion of the contract. Please indicate your concurrence to these terms by signing on the appropriate line below and return this original to our office. ,1 The Honorable Ed Schock June 28, 2000 Page two If you have any questions or need additional information, please contact me or Mr. Roger Valente,Area Programmer, at(847)705-4078. Very truly yours, John P. Kos, P.E. District Engineer By: 441-4/ Patrick J. Pechnick,P.E. Bureau Chief of Programming a ‘66te Concur / WL etOn di 7/104 S Do Not Concur Title M dr) Date in ciA,at / c"._ cc: Mr. Joseph Evers S:\WP\PROGDEV\ep00628c.doc CONDITIONS OF JUNE 28, 2000 LETTER OF INTENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR U.S. ROUTE 20 AT ROSE LANE 1. The City shall use best efforts to enter into an agreement with a third party (currently proposed to be PAR Development, Inc.)to cause the completion of engineering and acquisition of right-of-way to the satisfaction of the Illinois Department of Transportation. The City shall require the third party to provide the engineering necessary to bid and construct a fully signalized and channelized intersection approximately 1,350 feet east of the Elgin, Joliet and Eastern Railroad. 2. The City of Elgin shall not be responsible for any costs to acquire right-of-way or to construct the intersection. The agreement between the City and the State of Illinois shall be conditioned upon the City receiving funds from the developers and/or other interested parties for all costs above the State's share of$600,000. 3. The Illinois Department of Transportation shall review and ultimately approve the engineering and right-of-way acquisition and issue a permit to the City of Elgin. The permit shall indicate that the engineering meets with the satisfaction of the Illinois Department of Transportation and shall indicate that all right-of-way necessary to construct the improvement have been properly conveyed to the Illinois Department of Transportation. 4. The City of EIgin desires access for two undeveloped incorporated parcels along the north side of U.S. Route 20. The north leg of the proposed intersection will lie on an undeveloped unincorporated parcel. To gain access to the proposed intersection for its undeveloped parcels, the City will need the Illinois Department of Transportation's cooperation to insure public right-of-way is extended to the western property line of the unincorporated parcel (currently known as the Metzger property)when this parcel applies- for a permit to access the intersection. 5. It is understood that the City will provide emergency and police response for the intersection and it is anticipated that the Illinois Department of Transportation will require the City to pay for all electrical costs and one half the maintenance costs of the signals. Roadway improvements are anticipated to be maintained by the Illinois Department of Transportation.