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12-49 a • 4 Resolution No. 12-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT ILLINOIS ROUTE 58, SUMMIT STREET AND SHALES 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 agreement with the Illinois Department of Transportation on behalf of the City of Elgin for traffic signal improvements at Illinois Route 58, Summit Street,and Shales Parkway,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 7.tD t I ddd Illinois Department of Transportation Division of Highways/Region One!District One 201 West Center Court/Schaumburg, Illinois 60196-1096 BUREAU OF DESIGN City of Elgin/State of Illinois FAU Route 1320 Illinois Route 58 (Summit Street) at Shales Parkway/Countryfield Lane Contract: 60L43 State Section: 581-N-1 Cook County April 10, 2012 The Honorable David Kaptain Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Kaptain: The Agreement for the subject improvement has been executed by this Department. Enclosed is an original counterpart of the executed Agreement for your records and files. If you have any questions or need additional information, please contact Mr. Raymond Ritchie, Agreement Specialist, at (847) 705-4211. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer By. A . JosE1A. Dominguez, P. Project Support Engine Enclosures PURCHASE ORDER PURCHASE ELG'N ORDER NO. City of Elgin 272417 THE CITY INTHE SllBURsS' 150 Dexter Court Elgin,IL 60120-5555 Purchasing@cityofelgin.org PO DATE:03/29/2012 Our P.O. #MUST Appear on ALL Invoices,Packages and Correspondence VENDOR PHONE: (0) - VENDOR FAX: ( ) - VENDOR#: 19896 VENDOR ADDRESS: ILL DEPT OF TRANSPORTATION SHIP TO: ENGINEERING DIVISION ATTN FINANCIAL SERVICES ATTN:ENGINEERING 201 W CENTER CT 1900 HOLMES ROAD SCHAUMBURG,IL 60196 ELGIN,IL 60123 DELIVER BY REQUISITION.# REQUISITION DATE CONFIRMED BY: 04/27/2012 0000272038 03/27/2012 FOB ACCOUNT NUMBER AUTHORIZED BY 27500007919380 MAGALY HERNANDEZ ITEM QUANTITY/ DESCRIPTION UNIT=. :' EXTENDED # UNIT ARTICLE OR SERVICE COST COST 1 TRAFFIC SIGNAL IMPROVEMENTS AT SUMMIT & 26, 000.00SHALES 1.0000 26, 000. 00 / EA INTERGOVERNMENTAL AGREEMENT WITH IDOT. APPROVED BY CITY COUNCIL CONSENT AGENDA ON MARCH 21, 2012. CITY'S RESPONSIBILITY TOTALS $26, 000 WHICH INCLUDES A MINOR SHARE OF SIDEWALK CONSTRUCTION AND ALL COSTS FOR THE EVP SYSTEM. Sr Send Original and One Copy of Invoice to: FINANCE DEPARTMENT �f ATTN: FINANCE DEPARTMENT AUTHORIZED SIGNATURE 150 DEXTER COURT CityManager ELGIN,IL 60120-5555 FAU Route 1320 IL Route 58(Summit Street) State SectiOn:581-N-I Cook County Job No. ;C-91-607-10 Agreement NO. JN-112-030 Contract No.:80L43 AGREEMENT This Agreement entered into this I creday of /44re(),20 AM,by and between the STATE OF ILLINOIS,acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the 8TATE, and the CITY OF ELGIN of theState of!wilds, hereinafter called the CITY. WITNESSETH: WHEREAS; the STATE in orderlo facilitate the free flow of traffic and insure safetyto the motoring public,Is desirous of improving approximateb,705 lineal ieet(0.133 IttileS)of IL Route 58, (FAU Route 1320), Summit Street, approdmately 257 lineal feet of.Shales Parkway. ?y- c- e-ic-s*) and approximately 95 lineal feet of Countryfield Lane:known as STATE Section 581-N-1, State Job Number: C,91-697-101 as follows: This is an intersection,improvement project including,widening, resurfacing,and traffic Signal installation.The work to be performed under this contract shall consist of hot=mix asphalt removal, combination concrete curb and gutter removal and replacement,storm sewer removal and replacement installation of new drainage structures and storm sewers, widening with base course, resurfacing with HMA course, installation of traffic signals, placement of thermoplastic pavement markings, utility adjustments, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications;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 opvenants contained herein, the parties hereto agree as follows; 1. The STATE agrees to make the surveys,obtain all necessary rights away, 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 pianS, SPecCatiWIS ancVcontract. 2. The STATE agrees to pay for all right of way,construction and engineering costs, 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 forthisimprovement isas stiOwn on Exhibit A. 4. The CITY has passed a resokrtion 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. 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. The CITY further 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. . . 5. The CITY has adopted and will put into effect an appropriate ordinance, priorto the STATES advertising for the proposed work to be performed hereunder,or shall continue to enforce an existing ordinance, requiring that parking be restricted ith in the limits of this improvement, a copy of which is attached hereto as*Exhibit C',and will in the future prohibit parking at such locationon ot immediately adjacent to this improvement as may be determined net estary by the STATE-MIMIraft capacity studio:5. • 6. TheCITY has adopted and will put into effect en appropriate ordinance,prior tolhe STATE'S advertising forthe proposed work to be performed hereunder,or shall Continue to enforce an existing ordinance,prohibiting theiditcharge Of sanitary sewage and industrial waste water into any storm sewers constructed as a part of This improvement,a copy of which is attached hereto as*Exhibit V; 7. Prior tes the STATEtdvedising 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 STATE'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 prohibiting in the future, any new encroachments within the limits of the improvements, a copy of which is attached as"Exhibit Es. 8. 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 peifortned'hereunder, approving the plans and specifications as prepared. 9. The CITYagrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additiOrialentrandes,private or commercial, along IL Route 58 withoutthe cOntentof the STATE. 10.The CITY shall exercise its franchise rights to cause private unities to be relocated, if required,at no expense'to the STATE 11.The CITY agrees to cause its utilities installed on tight of way after said rightof way was acquired by the STATE or installed Within the*its of a roadwayafter the said roadways jurisdiCtiOn wet'atsUtried by the STATE, to be relocated ancVoradjusted, if required,at no expenseto the STATE. 12.All CITY owned utilities,on STATE:right of waywithin the limit§of this Itriptbvetnent, 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 Adm. Code.530). 13.The CITY agrees to obtain from the STATE an approved permitany CITY owned utilities relocated as part of this improvement, and to abide by all conditions set forth therein. . . . . 14. Upon final field inspection of the improvement and so long as il..RouteS8 is Used as a STATE Highway,the STATE agrees to maintain or cause to be maintained the median,the through traffic lanes lying on either side of the median and the left-tum turn lanes and tight turn lanes, each lane being 12 foot and variable in width and the curbarid guttei;stabilized shoUldere., and ditciles adlacOnt_to tbcfe. traffic lanes and turn lanes. 15. Upon final,field Inspection of the improvement the CITY agrees to maintain or cause to be maintained those portions of the iMprOVe'ment which are not maintained by the STATE,including parking,lanes and their adjacentcurb andgutter,sidewalkS, parkways,guardrails, crosswalk and stop-line markings, CITY`owned utilities including appurtenances`thereto, and shall maintainthe- oan sewers and riocaitegf ';'Mkirt C flot-'04.-uktA4 k ; appurtenanCes by perTerming those frinWons necessa to keepine sewerin a serviceable condition including cleaning sewer lines, inlets, manholes,and catch basins along with the repair or replacement of inlet, manhole and catch baths' 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 further agrees to continue its existing maintenance responsibilities on all ra.,vt4 t.o.i'etst;:•‘ cv-I-4- 0.A 64--4-10./itt fr, 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 Route SB. Drainage facilities, if any, at the aforementioned side roads located within the • STATE n:ght-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 STATE of the traffic signal work included herein, the financial responsibility for the maintenance and electrical energy charges for the operation Of the.traffic signals shall be proportioned as follows: intersection Maintenance Elect Enerov IL Route.58, Parkikity/CoUtltryileld STATE Share ( 50)% ( A CITY Share ( 50)% (100)% It is,Mutually agreed that the actual Signal maintenance will be performed by the STATE either with its own forces or through on ongoing contraCtual egreement The STATE agrees to bill the CITY for its proportionate share of the traffic signal maintenance'costs on a three-month basis. The amount billed shall be the actual costs incurred less any third party damage claims received during the billing period for repair of traffic signals that are the responsibility of the billed party. Any proposed expenditures in excess of$5,000 for repair of damage to any single traffic signal installation must be approved by the billed party before the expenditure is made. The STATE reserves the right to examine the records of the CITY to determine that costs billed are fully documented. The STATE agrees to makearrangements with the local power company to furnish the electrical energy for the operation of the trafficsignals. The CITY agrees to pay their proportionate share of this cost as billed by the local power company. The STATE retains the right to control the sequence and timing of the traffic.signals. Payment by the-STATE of wany_or all of its share of maintenance and:energy costs is contingent.upon the.STATE receiving adequate funds in its annual appropriation, 17.The STATE's Electrical Maintenance Contractor shall maintain the"Emergency Vehicle Pre-Emotion System"equipmentlocated at,the:traffic signal modemizationtinstallation to be maintained by the STATE. The STATE's Electrical Maintenance Contractor shall invoice the CITY for the maintenance costs related to the maintenance of the"Emergency Vehicle Pre-Emption:System"equipment The CITY shall maintain the emitters and.associated,appurtenances at-its own ekpense. The emitters shall be maintained and tested by the.CITY in accordance with the recommendations of the manufacturer. 18. Itis mutually agreed, if, in the future,the STATE adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals,then the CITY agrees to be. financially responsible for its share of the traffic signals and costs to relocate or reconstruct the emergency vehicle pre-emption equipment in conjunction with the STATE'S proposed improvement. The parties hereto agree that the traffic signal maintenance and energy provisions of this Agreement shall remain in full force and effect fora period of tvventy(20)years from the date of its execution, orso long as the traffic signals covered by the ternIs of this Agreement or any amendment hereto remain in place either in their current or some modified configuration,whichever is the shorter period of time, Such an effective term shall apply unless otherwise agreed in writing by the parties hereto. • . . , Obligations of the,STATE and 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 contrad. 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 three years subsequent to execution cif the agreement This Agreement shall be binding upon and to the benefit of the parties hereto,their successors and assigns. CITY OF ELGIN 'ill f By .., . A 4 ...4... .. 4 (Signat J, :) / Attest • By David J. Kaptain 'aitAk (Print or Type) City 1---1-1..41...,(_.>. Tifie: Mayor „,:,:(),.,,,crosi. °"..\\C''''.1,,,-.• . ., Date: March 21, 2012 • -,_. t• Cit . . 141 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: D.,..,...",..._ /4/ Diane O'Keefe v,- Deputy DireCtor of Highways Region One Engineer Date: A-pail 9, 2 O O._ . . PLAN APPROVAL WHEREAS, in order to facilitate the improving approximately 705 lineal feet(0.133 miles) of IL Route 58, (FAU Route 1320), Summit Street, approximately 257 lineal feet of Shales Parkway,and approximately 95 lineal feet-of Countlyfield Lane, known as STATE Section 581-14- 1,State Job Number: C-91-697-i 0, the CITY agrees to that portion of the plans and specific,ations relative to(iv CITY's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed improvement. Approved Title Date . • Exhibit A Contract 60L43 Estimate of Cost and Participation ITEMS FEDERAL STATE CITY OF ELGIN TOTAL Type d1 uc rk S .. % $= °Io '$ °Ju All roadw!ey ahs!bridge Wort excluding the $29 ,940 ,90`Yo 26,600 filkiv�irig: $32;860 �0% TRAFFIC SIGNALS IL.S8 Shales Parkway/CountryfIeld Lane $252,000. 90% $14,000 5% $14,000 5% $280}000 Emergency'Vehicle Preemption $6,000 100%: $61,000 'Other Work NewSidevvalk $20,800 80% $5,200 20% $226;000 (IL�13W&:E.Lrega). P&'CEngine ei ,(95°6) $780, TOTAL • S5415;940: S674460. '#25,980 $638,11 - NOTE:TheD11YOF ELGIN'S partiis;ipatiori shall be pr+"etll.a1ed UPoia'the peteritagee:ONO 030V far'the s1:e04:d rkw Thli t✓IT?0l ELGIN'S'tost shall:be deteimined by nttgitpI 1flg ihe final quantities times contract unit,prioe plus 15%for construclion and preliminary ehairieenritt. Sheet]. • "Exhibit B" FUNDING RESOLUTION WHEREAS,the CITY:OF ELGIN has entered into an AGREEMENT With the STATE OF ILLINOIS for the improving approximately 705 lineal feet.(0.133 miles).of IL ROut0.58, (FM. Route 1320), SummitStreet, approxiMately 257 lineal feet of Shales Parkway,and apprOximately 95 lineal feet of Countryfield Lane, known asSTATE Section 881-N-1, We Job Number; 0,',01-897-10,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 iinprOvement. NOW THEREFORE, BE IT RESOLVED,that there s herebyappropriated basin of TWENTY FIVE THOUSAND DOLLARso ja4to much thereof as may be necessary, from any moneynow or hereinafter allotted to the CITY to pay its shareof 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 pay to the STATE in a lump aim 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. BE IT FURTHER RESOLVED, 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 COOK • ) , 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 ,20 A.D. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this day Of 20 A.D. CItY Clerk (SEAL) • • • • EXHIBIT C . ORDINANCE NO, AN ORDINANCE RESTRICTINGPARKING ALONG IL Route 58 WITHIN TEM CITY OF ELGIN WIMEM.the State-0 uctinghy and through its Departmentof Transportation is desirous of-iinproving approximately 705 lineal tot(0133 miles)of IL Route 58,(FAURoute 11.20),Summit Street,apprea*Faateel-feet-ef-Shales4larlewayt.ad•apffieftimately45 Fk144/ knOwil-as STATE-section 5147N-1,State Tote Number C-91- 69740,a-portion o Which lies within the CITY OF ELGIN;and M PIIA°461 SER egpithwee WtIEMAS,cportion of this project:runs through the CITY OF ELGIN;ax d //AO.056 WHEREAS, order to facilitate thefree flow of traffic and ensure.safeity-to the motoringpUblict.the CITYOFELGIN dettaMineSitiu4t 410'0444:along IL Route$8 atr.11 be /6 n hem+ig PrOiibileA -r Rgyr MAIsiEDoy'srl-W CII'Y COUNCIL OF ITIE CITY OF ELGIN,COUNTY OF COOK,STATE OF ILLINOIS,A foniAsist Section 1, That parking shall beir011ibitesUlong of IL Route 58,(FAno*1320) SeMtnit Street,State Section 5S141/41-1,State Job:Number:C-9149740,withintheCitY limits of the CITYOF ELGIN; Section-; Thatthe alY COUNCILoftheOlY OE E141/4100010t.tiOTO peaking at such locCtiona:oporinintediatily adjaeentiolL Route58 as maybedetermined and directed by the State of Illinois to be necessary to ensure the Ogg ON ottaSoAn4 safety to the Zotoikg Section S.4 rYCRi. is hereby authorized and directed tot2itach a copy of this Ordinance to the agreement dated MitI201 ,2012- by and beteçit the State ofIllinois and the otry-‹*vortg.„ gettibh 4. nti4 Ordinance shall be in full force and:effectfrom andafter its passage and approval according to lam% • ADOP ED BY THE CITY COUNCIL OF lath CITY OF ELGIN, COUNTYOF COOK, STATE OF ILLINOIS,this day of 20 VOTE: AYES: N.-AYES: ABSENT: APPROVED BY ME THIS DAY OF ,20 MAYOR Ari CITY CLERK. • • • . • EXHIBIT D ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSIRUCIEb AS APART-01W FAD 1320-JI,Route-58 IMPROVEMENT WHEREAS,tie Stat:0011111o*acting by and through its Department of Transportation, is desirous of improving approximately 705 lineal feet(0333 miles)oft,Route 58,(FAU'Ronte 1320),Summit Street approximately 251 lineal-feet of Shales Parkway,and approximately-95 lineal feet of Countryfield.Lane,ithoWn.as STATE Section 581-N-1,State ob Number c-91- 004,Within ttic,City limits Otho MY OF;ELGIN;and WHEREX5,said projectcludes the installation of storm sewers,sanitary sewerk and drainage fficilifies;and. WHEREAS;a portion Of1he PrOjeettia"throUtbthe CITY OF W:411i im1vains4he ,itistallation stomdrAins: and**nap facilities; J)g tromoo aly COUNCIL OF THE CITY OFELGEtt COUNTY OPCOOK,STATE OF ILL.5101S,as'MOWS': pection 1.No person,flit%Cort or other entity ShAll.disOhargelolYisauitalvaiP 617/1414.#14.1.VA4P _W4tAtint.44.-.413r i.OXPIMFer or drainage facility constmcted aaparteftbe IL 'Route 5g,,(FAU Route 1320)Summit Street,State WS*581.X-1.;$04,0 ibIiigtilYsG C41.- 697404 highway improvement,said limits of'improvement which passes through the CIT'f OF ELGIN. Section 2. The.CITTCLIIRK oft CITY OF ELGIN lS dinWea athstat a tome-Ibis-q:1410440 twtheAgreemegi flitted AeC.-14 ZI ,20 I and betweenthe State of Illinois and the CITY°FELON rellitiVeM112010100.0001* Section.3., This Ordinance shall be in fUll force and effeaftnra ateaftetits passage and 0,Proir4 abcot:40. g tb law. ADOPTED BY THE crtY COUNCIL OrniE CITY OF ELGIN; couNTY.oil COOK,STATE OF'IMNOIS, this day of ,-20. VOTE: AYES! NA'YES: ABSENT: APPROVED BY ME THIS — — DAY OF 20 MAYOR ATTEST: CITY CLERK EXHIBIT E ORDINANCE NO. AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE.STATE OF ILLINOIS RIGHT OF WAY ALONG FAU 1320- TRnute 58 WHEREAS,the State of Illinois acting by and through its Department of Transportation, is desirous of improving approximately 705 lineal feet(0.133 miles)of IL Route 58,(MU Route 1320) Summit Street,approximately 257 linealleet,of Shales Parkway,and approximately 95 lineal feet of Countryfield Lane,known as STATE Section 581-N-1,State Job Number:C-91- 69740,in the CTTYOF ELGIN;aud WHEREAS,Said projectiS beiggP011atructed in order to facilitate the free flow of traffic 4n4 040 safeyto the MotOiingPliblie;"and •WHEREAS,a portion of said projectpasses through theCITYOF ELGIN. BE IT ORDAINED BY 1HE CITY COUNCIL OFTHE CITY OF,ELortsT, COUNTY OF COOK,STS OF ILLINOIS,as follows; Section 1. That no son,firm,empozaticn or other entitysholtinstall,placeonsintqin or constrict any structure that-encroaches upon the State of Illinoia right of way OIL Route 58, (FAU-Route 1320)Summit Street,State Sectioti 5$1-N-1,State Job Number C-91.159740, withiU The City limits of tliet4111,OF ELGIN, Section 2. TheiCITY CLERK of the CITY OF ELGIN hereby authorizedand directed to attach a copy of this Ordinance to the agreeinent dated MAl 211.1 i 2-• Wand 0 between the State of Illinois and the MI/OF ELGIN relative to the iniPrO.*Otoctitiof IL Route 5.8(FAU 1320).. Section 3. This.Ordinance Or ceba1lbe,infu1I force and.effect from asci afterits passage and approval aet.ordinglo law. ADOPTED py iw CITY COUNCIL OF THE CITY OF ELGIN,COUNTY OF GeteK STATE OFILLINOIS, this day of ,20. )<114.1,e VOTE: AYES: NAYES: ABSENT; APPROVED BY ME THIS DAY OF 20 MAYOR ATTEST: CITY CLERK