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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 a ~ ' ,~ , ' ..... ~ . ~~ ~~~\ -. . ~~ ~' CYPRESS S ..,~ \~ .F r~ 1 I ~. ~ NORTH PARK DR _ AAL~'R ST ~ ~ , a'. ~iVE- - POPLAR SF GAR ^R W MIDDLE PARK DR V z ~, 41A-GRA- BL DR W ~~:~! •~ARKPLAZA DR ODR a ~ St ~'' J era ~ ,~Q 00 l 00 r l I N O E N -~ ~~ i, ~ O D , 3 .~ r ~~. ~ 4~ ~ ~aN~' CANTON SEN16R 22 3 ~, ~ ~~ ~ ;"Pry p _ ~' MIGH SCH001. 2 !:•toF.~y~ ~.~,., ~ - = CANTO N ,~ ~+• _ , .' i COMMUNITY COILECr~ ~ 1 2 r';` = NORTH rUR c r ..,~,~ e z~ '~';r'+' o ~ rl ~:,~C °1/ xn y;~ v., .:. SOUTH ... ..1•. SVLpl1~OcRF ST it 1 c~r I ALDER STREE ^n 1 ;~,~ LOCATION MAC ~~~Il all ~ ~~ ~. 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