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HomeMy WebLinkAboutResolution #3044~ A RESOLIITION N0. 3044 A RESOLIITION APPROVING AN AGREEI~NT BETWEEN THB CITY OF CANTON AND THE STATE OF ILLINOIS, ACTING BY AND THROIIGH ITS DEPARTMENT OF TRANSPORTATION AND DIRECTING THE MAYOR AND CITY CLERK TO E%ECIITE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is hereto attached and made a part hereof as Exhibit "A"; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desirable and in the best interest of the City of Canton to enter into said agreement. NOW, T~'ORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the agreement between the City of Canton and the State of Illinois, acting by and through its Department of Transportation, which is attached hereto and made a part hereof as Exhibit "A", is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect imaediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting th is ~ th day of April, 1991 upon a roll call vote as follows: AYgg: Aldermen Kovachevich, Steck, Sarff, Meade, Bohler, May, Cha~z. NAYS: '_`1one, ~~T~ None, One alderman. resigned. APPRO ~` onald E. Edwards, Mayor ATTEST: Nancy T~lhite , City Clerk. Publication Instruction ,~Do not publish ^ Publish in pamphlet form only ^ Publish in a general circulation newspaper City AtL Date ~~ i~~ This Agreement, entered into this day of , A.D. 1991, by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter called the STATE, and the City of Canton of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY, in order to facilitate the free flow of traffic, improve safety to the motoring public, and promote development is desirous of constructing a new CITY street left of Station 191+46.5 on Illinois Route 78 (N. Main Street) City Section 91-00083-00-FP, as follows: A. Construct a new flexible pavement street whose cross section is 38 feet back-to-back of curb with TY B 6.18 CCC & G at the edge of pavement. B. Install storm sewers, inlets, and catch basins along the new CITY street. C. Variable wideth widening on Illinois 78 to provide a 36~ width (one 12~ through lane in each direction and a 12~ left-turn lane), along with a 10~ shoulder. D. Bituminous overlay of Illinois 78. E. Relocation of an existing permanent STATE traffic counter installation (Sta. 201+20+). F. Construction of a new commercial entrance left of Station 197+49. G. All other work necessary to complete the improvement in accordance with the plans and specifications; and, WHEREAS, the STATE is desirous of said improvement in that same will be of immediate benefit to the traveling public 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 the plans and specifications; receive bids and award the contract, with the concurrence of the STATE; furnish engineering inspection during construction utilizing a licensed professional engineer (State of Illinois); and cause the improvement to be built in accordance with the plans, specifications, and contract. 2. The CITY agrees to pay all rights-of-way, construction, and engineering costs, subject to reimbursement by the STATE as hereinafter stipulated. 3. Upon final inspection of the improvement and so long as Illinois Route 78 is used as a STATE highway, the STATE agrees to maintain or cause to be maintained Illinois 78 in its entirety. 4. The CITY agrees to maintain the new CITY street in its entirety up to the outside edge of pavement of the northbound through traffic lane. 5. It is mutually agreed by and between the parties hereto that the estimated cost of the improvement is as follows: Construction Costs $ 325,000' Engineering Costs (15~) 48,750 TOTAL $ 373,750 ('Denotes Engineer's preliminary estimate.) 6. The STATE agrees to reimburse the CITY for the cost of resurfacing (1 1/2") and patching of the existing Illinois 78 pavement, including normal aggregate shoulder work (1 1/2" depth), and relocation of the existing STATE owned traffic counter installation. The STATE's participation will be based upon actual contract prices with a maximum amount of $35,000.00 which includes 15~ for engineering costs. 7. Subsequent to the necessary appropriation (anticipated subsequent to July 1, 1991), the STATE agrees to pay the CITY an amount equal to 95~ of its estimated obligation incurred under this Agreement upon award of the contract for this improvement and subsequent notification by the CITY. The STATE will pay the remainder of the obligation, in a lump sum, upon completion of the contract based upon final costs. The total cost to the STATE shall not exceed $35,000.00. 8. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as Exhibit "A" and made a part hereof. 9. The CITY has adopted and will put into effect, or continue to enforce, prior to advertising for the work to be performed hereunder, an ordance requiring that parking be prohibited within the limits of this improvement, a copy of which is attached hereto as Exhibit "B", and will in the future prohibit parking at such locations on or immediately adjacent to this improvement as may be 10. The CITY shall retain the records for STATE audit for a period of three years after the completion of the improvement. 11. 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 Illinois Department of Transportation. 12. The CITY shall secure approval of the plans and specifications from the STATE prior to advertising for the work to be performed. 13. The STATE agrees to issue the appropriate highway permit allowing the proposed entrance construction (Lt. Sta. 197+49) after plan approval has been granted. 14. The CITY agrees to adopt, prior to advertising for bids, or continue to enforce an ordinance relative to the disposition of encroachments and prohibiting in the future any new encroachments within the limits of the improvement, a copy of which is attached as Exhibit "C" and made a part hereof. The disposition of encroachments will be cooperatively determined with representatives from the STATE and CITY. 15. The CITY agrees to exercise its franchise right to cause private utilities to be relocated, if required, at no expense to the STATE. 16. The CITY agrees to cause CITY owned utilities located on right-of-way acquired by the STATE or installed within the limits of a radway after said roadway was taken over for maintenance by the STATE, to be relocated and/or 17. The CITY agrees to adopt prior to advertising for bids, or continue to enforce an ordinance prohibiting the discharge of sanitary sewers and industrial waste into any storm sewer or drainage facility constructed as a part of this improvement, a copy of which is attached as Exhibit "D", and made a part hereof. 18. The CITY agrees to obtain all necessary rights-of-way along Illinois 78 in the name of the STATE. 19. 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 by June 1, 1994. 20. This Agreement shall be binding and inure to the benefit of the parties hereto, their successors and assigns. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION CITY OF CANTON By: Director of Highways By: Mayor Date: Date: