HomeMy WebLinkAboutResolution #3051RESOLUTION N0. 3051
A RESOLUTION APPROVING AN AMENDED AGREF~IT BETWEEN THE CITY OF
CANTOR AND THE STATE OF ILLINOIS, ACTING BY AND THROUGH ITS
DEPARTMEN'P OF TRANSPORTATION AND DIRECTING THE MAYOR AND CITY
CLERg TO E%ECUTE AND DELIVER SAID AMENDED AGRB@lENT ON BEHALF OF
THE CITY OF CANTON, ILLINOIS.
WHEREAS, the City Council of the City of Canton, Illinois
has reviewed the terns of the proposed amended 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 amended agreement.
NOW, THffi~EF'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the amended 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 amended agreement on behalf
of the City of Canton, Illinois.
3. That this Resolution shall be in full force and effect
immediately 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 ?1st day of May,
1991 upon a roll call vote as follows:
AYES; Aldenzeri rlolleck, Coay, Sarff, Bohler, Barnett, '_'~ay,
NAYS: None.
ABSENT: Aldermen Steck, :Meade,
APPRO
~~~
Donald E. Edwards, Mayor
ATTBST:
Nan Whites City Clerk.
FAP Route 22 (IL 78)
State Section (1352)
City Section 91-00083-00-FP
City of Canton
Fulton County
Agreement No. J-4-91-024
X502
AGREEMENT
This Agreement, entered into this day of
1991, by and between the State of Illinois, acting by and through its
A.D.
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 (to be known as Buckeye Street) left of Station
191+46.5 (1350'± north of Cypress Street and east of Illinois 78) 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 width 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 from 620''± north of to 1145'± south
of Station 191+46.5 as aforedescribed.
Page 2
Agreement No. J-4-91-024
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
750'± north of Cypress Street and east of Illinois 78.
G. All other work necessary to complete the improvement in accordance
with the plans and specifications; and
WHEREAS, the said improvement 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; obtairf 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 daring 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.
Page 3
Agreement No. J-4-91-024
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
of Illinois Route 78.
5. It is mutually agreed by and between the parties hereto that the
estimated cost of the improvement is as follows:
Construction Costs $290,000
Engineering Costs (15X) 43.500
TOTAL $333,500
6. The STATE agrees to reimburse the CITY for the cost of resurfacing (1
1/2") and patching of the existing Illinois 78 pavement (22' in
width), 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, which includes 15X for engineering
costs.
7. Subject to the necessary appropriation (anticipated subsequent to
July 1, 1991), the STATE agrees to pay the CITY an amount equal to
95X 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.
8. The CITY has passed an MFT Resolution and a Non-MFT resolution
appropriating sufficient funds to pay its share of the cost of this
improvement, a copy of which is attached hereto as Exhibit "A-1" and
Exhibit "A-2" respectively and made a part hereof.
Page 4
Agreement No. J-4-91-024
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 ordinance 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 determined
necessary from traffic capacity studies.
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 and the Permitee meets any and all prerequisites
required by the STATE.
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
Page 5
Agreement No. J-4-91-024
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 all CITY-owned utilities to be relocated
and/or adjusted, if required, at no expense to the STATE.
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 and pay for the Eost of acquiring the
necessary right of way in accordance with the following requirements:
A. Right of way along Illinois Route 78 shall be acquired in the
name of the STATE on standard STATE forms which will be provided
for that purpose in accordance with Land Acquisition Policies
and Procedures of the STATE.
B. No award of a contract shall be made to cover construction of
the project or any part thereof without there first having been
made a title approval by the Attorney General of Illinois on
each individual parcel of right of way, the consideration for
which exceeds $2500, included within such construction. A title
approval shall be made by the STATE on each parcel of right of
Page 6
Agreement No. J-4-91-024
way acquired for the project where the consideration is $2500 or
less. In the event acquisition of the right of way is by
condemnation, then such action must be brought in the name of
the STATE by the Attorney General and an Assistant Attorney
General appointed by him.
C. Cost of the right of way shall include the purchase price
thereof as well as the cost of negotiators, appraisals, title
evidence, relocation assistance and payments, property
management and such legal service as may be necessary to acquire
said right of way. The acquiring agency, if participating in
the cost of the right of way shall receive a credit for a
proportionate amount of the proceeds of any sale or rental of
improvements acquired within the right of way or as a direct
result of the right of way acquisition.
D. All parties engaged in the acquisition of the right of way shall
be approved in advance by the STATE.
E. Appraisals:
(1) Appraisals shall be reviewed and a negotiating figure
approved by the STATE in advance of negotiations for the
purchase of said right of way.
F. Any phase of the STATE's Relocation Assistance Procedures to be
performed by any qualified agency other than the STATE shall be
covered by separate contractural agreement or agreements with
Page 7
Agreement No. J-4-91-024
the agency and are subject to prior approval of the Division
Administrator of the Federal Highway Administration.
G. The STATE shall provide such guidance, assistance and
supervision and monitor and perform audits to the extent
necessary to assure compliance with the STATE's land Acquisition
Policies and Procedures.
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 rCITY OF CANTON
DEPARTMENT OF TRANSPORTATION
By:
By:
Mayor
Director of Highways
Date:
Date:
6452D
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FAP Route 22 (IL 78)
State Section (1352)
City Section 91-00083-00-FP
City of Canton
Fulton County
Agreement No. J-4-91-024
IsXHIBIT A-1
Resolution No.
MFT Resolution
WHEREAS, the City has entered into an Agreement with the State of Illinois for
the construction of a new City street (to be known as Buckeye Street) left of
Station 191+46.5 (1350'± north of Cypress Street and east of Illinois 78) on
Illinois Route 78 (N. Main Street) known as FAP Route 22, State Section
(1352), City Section 00083-00-FP, and
WHEREAS, in compliance with the aforementioned Agreement, it is necessary for
the City to appropriate motor Fuel Tax Funds to pay its share of the cost of
said improvement.
NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
One Hundred and Fifty Thousand DOLLARS ($150,000), or so much thereof as may
be necessary, from any money now of hereafter allotted to the City to pay its
share of the cost of this improvement as provided in the Agreement, and
BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental resolution
to provide necessary funds for its share of the cost of this improvemne ti
ffthe amount aprpopriated herein proves to be insufficient to cover said cost.
STATE OF ILLINOIS)
ss
COUNTY OF FULTON )
APPROVED:
Date
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
Division of Highways
District Engineer
I, Mr./Ms. ,
City Clerk in and for the City of
Canton, State of Illinois, hereby certify
certify the foregoing to be a true perfect
and complete copy of the Resolution
adopted by the City Council at a meeting
on 19
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal this
day of A.D., 19_
Clerk
6452D
FAP Route 22 (IL 78)
State Section (1352)
City Section 91-00083-00-FP
City of Canton
Fulton County
Agreement No. J-4-91-024
EXHIBIT A-2
Resolution No.
Non-MFT Resolution
WHEREAS, the City has entered into an Agreement with the State of Illinois for
the construction of a new City street (to be known as Buckeye Street) left of
Station 191+46.5 (1350'± north of Cypress Street and east of Illinois 78) on
Illinois Route 78 (N. Main Street) known as FAP Route 22, State Section
(135Z), City Section 00083-00-FP, 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
improvement.
NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
One Hundred and Fifty Thousand DOLLARS 0150,000), or so much thereof as may
be necessary, from any money now of hereafter allotted to the City to pay its
share of the cost of this improvement as provided in the Agreement, and
BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental resolution
to provide necessary funds for its share of the cost of this improvemne ti
ffthe amount aprpopriated herein proves to be insufficient to cover said cost.
STATE OF ILLINOfS)
ss
COUNTY OF FU~.TON )
I, Mr./Ms. ,
City Clerk in and for the City of
Canton, State of Illinois, hereby certify
certify the foregoing to be a true perfect
and complete copy of the Resolution
adopted by the City Council at a meeting
on 19
IN TESTIMONY
set my hand
day of
A.D., 19.
Clerk
WHEREOF, I have hereunto
and seal this
6452D