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HomeMy WebLinkAboutResolution #3060~~ RE90LtlT I ON PD. 3060 A RE90LUT I ON APPRON I I~G A MA I M'EIVINVCE ~r< BE1VbEEN TI-E C I N OF CANi'~gV At~D Ti-E 1 LL I PU 1 S DEPARTMENT OF TRANSPORTATION AID D I RECT I IBC TI-E MAYOR AND C 1 TY CLERK TO EXECUTE AND DELIVER SA I D A(7~F~7uETlf ON BEFI~iLF OF Tl-E CITY OF CANTON, I LL I ~ I S . W-IERFAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to enter into a maintenance agreement with the Illinois Department of Transportation, hereto attached and herein incorporated as Exhibit "A"; ands W-E.REAS, the Canton City Council has made a similar determination. NSW, ll-FORE, BE 1 T RESOLVED BY TI-E C 1 T'Y Oa~VC 1 L OF TI-E CITY OF CANi~I, Fulton County, Illinois as follows: 1. That the P,~aintenance Agreement hereto attached as Exhibit "A" between the City of Canton and the Illinois Department of Transportation is hereby approved. 2. That the Ivtayor and City Clerk are hereby authorized and directed to execute and deliver said maintenance 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 this 16th day of .Tu1~r , 1991, upon a roll call vote as follows: ~}~ 1 . k AYES: Aldermen May, Meade, Bohler, Sarff, Coay, Molleck, NAYS: None. ~~~ Aldermen Barnett, Steck. APPF~VED: 2 ~, onald E. Edwards, Mayor ATTEST: ~~ / Nancy Whites City Clerk t, i . ~10L5 ~11'tl'Y1et1t of Tra Agreement for Maintenance of Municipal Streets THIS AGREEMENT, made and entered into this 11th day of ~~~Y A.D. 19 91 by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "Department" and Canton a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois, hereinafter referred to as the "Corporation." WITNESSETH, that for and in consideration of the covenants he~nafter mentioned, the Corporation agrees to operate and maintain for the period beginning ,Jyj,T~ 19 ,and ending .l 1n ~0 19 °2, in a manner satisfactory to the Department, portions of certain streets being used as extensions or parts of State high- ways lying within the boundaries of the Corporation. It is understood and agreed that this a regiment may, in the discretion of the Department, be extended to cover the twelve month period ending 19 _93, under the same terms, conditions and amounts stipulated herein, subject to an adequate appropriation being enacted by the General Assembly, unless the Corporation gives written notice to the Department of termination. Such extension shall be accomplished by a letter from the Depart- ment tothe Corporation. The Department reserves the right to amend this agreement at the time of extension by adjusting the inflation factor used to determine the rates of compensation by application of the most recent Federal Highway Administra- tion's "Highway Maintenance and Operations Cost Trend Index." It is further understood that the terms of this agree- ment may be adjusted by addendum during the agreement's tenure to compensate for the addition or deduction of lane miles of streets to be maintained. Such addendum shall be approved and signed by both parties. Operation and maintenance includes but is not limited to all routine surface and pothole repairs, temporary full- depth patches, expansion bump removal on bituminous surfaces, crack and joint sealing, cleaning and litter pickup, snow and ice control and all other routine operational services. Median maintenance, when applicable, shall consist of sweeping, litter pickup, mowing, and routine surface repairs. rr The Corporation agrees to operate and maintain the streets covered by this agreement in the best interests of the people of the State of Illinois. The portions of streets to be maintained are described on the Computation Sheet (Form MAI 411) attached hereto and made a part hereof. The Corporation agrees to permit no cuts or openings in the curbs or pavements of the streets covered by this agreement without the written approval of the Department. Pavement cuts, curb openings, utility frames and munici- pal frames and grates or covers disturbed by settlement, construction or repair under permit are to be restored, repaired, adjusted and maintained by the utility owner or permit holder to the satisfaction of the Department at no ex- pense to the State. The Corporation agrees that, except in extreme emergencies, it will not undertake or authorize repairs not cov- ered by this agreement, at the expense of the State, without securing the approval of the Department. The Department, in contracting with the Corporation for the maintenance and operation of the effected streets, has curtailed procurement of tools, equipment and personnel. Reversion to maintenance by State forces could entail time-consuming reallocation of resources. The Corporation therefore agrees that it will not terminate this agreement nor refuse to enter into subsequent agreements without giving the Department written notice at least 90 days prior to such termination. If the Corporation gives the Department written notice of intent to enter into no future agreements, the current agreement will remain in force for 90 days from the receipt of such notice or until the termi- nation date of the current agreement, whichever date is the later. The Department may, at its discretion, release the Corporation from the agreement before the expiration of the 90 days required by the above stipulation. In consideration of the satisfactory maintenance and operation of streets covered by this agreement, the Depart- ment will pay the Corporation a total sum ofTPn Thni~canri ni e h«ndrPd-------- dollars ($ - ), for the twelve month period covered by the agreement, payable as described below F~ fty-nine ~ 72/ 100 On or about March 31, June 30, September 30, and December 31, of each year, subject to an inspection by the Department, the Department will authorize the Corporation to invoice the Department in an amount equal to approxi- matelyone-fourth of the total annual allowance stated above. MAI 416 (Rev. 9-89) -2- It is further understood and agreed that the Department, when in its judgment it is expedient to do so, and at its discretion, shall have the right to terminate this agreement by giving written notice to the Corporation not less than thirty (30) days in advance of the date of such termination. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their duly authorized officials. City (or Village) of By ~ By Mayor or President State of Illinois Department of Transportation Director of Highways Attest: ~' Cit (orVillagelClerk (Seal) j+ I~ ~I~~ ~I , I ij Ili, I i ~I I ,I III 1 I I ( I I I II ~I ~ I i i I ~ ~ ~ I i I I ~ I i j i I !~ 1 ~ I I~ j ~ ~ I I I I l i 1 j j ; i -~ s 1 11 ;3 ,~'~ 31 13 i '3; !31 ', 1~ ~'; I~ '' ~'I NI~ '' ~ I 11~ I I 1 ~ 1! ~ I I I I I I • ' I ~ X11 ..: . ~ I ~ ~ ;.~ I ."~ '" '^~ ~ ~ ~I , R~ ~I ~ _ x .~+ M ~ + ~ r r rl r~ r r{ r~ :~ ~ ~I ~ ~I ~ i. v r~ arl r' r ~ u I ~ n l n D R . SI iI Is e' s ii cR c.' !a ~e~ .CNi ~M ~N1 ^ .»' fwl w 1~r A. 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N i Y. ~ I N 111 a 1 ..,pp .O ji ~ .O ~.O I•-O .O •1„X1 1, j 1~NI IN ~~ I N N~ IN INI I ~ ~j INI N NII 1 I i - I ~ I ( I I r I ~! I 1 I N m N N r ~ ! al 1 W V j I r la+n I ~ I IM O( I ~ . ~ ~. N jy Nj ~~ r N I~ :f NI i41 i01 ~i O~n I b ?,N r ~ I i , .. I n I L I I I I ~ I ~ j ~ _n I i M ~ '~ ~ I ( . ii i I I i i n Iw ~ ~ I ' Q° I 1 I I u 1. ; I~ ~'1 ;i ~ ;, ,I~ I i; I i~ I ~; ~ i ; I I ! ~ I I j ~ 1 1 i ~ i I I I i j I I 1 i t I Ii i ~i ~ ~i I~ !i i II j ~. ~' ~j yl ~il 3H1 i T~ ~a I~ 0 _y l ie °', ilk' K ~~ y r=n ~O 2 .r ,~ . I i I I 1 I n I~ li I. t i I 1 I 1 1 I ' I l l i ~: I ~ I~ I(` j I ( l l l l ~j ~~, I I I- i l~ ~~~ 1 ' I I I j ~ 1 ' $ I l~ l~ l11 j i~ ~' I I I I I j l I I ' ! I I I Hi I a .-1~ v , I i m I ~' 1 ,T Ir=n ~ lal I jT; 1 ' 1 ~ T . ITI ' ~ I , ~~; ~ti i I ~ 1 ~ I 1 I . .+ I .~ ~ ~ I ~; _ ~I~I 'j H I ss I ~ I I !S 'm~ I '~I 111 ,. I '1 ~ I I I I I I I •' I f , ' ~~ I' .~I~ ~ I I I~! I 'i .I I V I ~I K ~ T i V A I 0 w ~ N, .. j .. .) 1 O M A r_ l O II, r~ ti ~ ~' ., .4 ' ~ ', ~ I~ • t i~ I I II ~i II '~ ! 1 ~ II i IN .~-J ~ C1 II ~~ I -.: <~ Di I wI ~ N -~ ( i I I I I I I 71 i~l i a ~' r 31 ~ , I H w~ i 1 I ~, I~ I~ of i I !~ N ~`^ ~+ i i i j I 1 ~1 I ~~ I~ ~ a o~ I o N r RI M ti I I i I I ~ i ~ .; ~ . I i ~ (~ I' 19 1• t ~w ~ I3 o a w ~. ~~ I~ N ` O y 4 iii a ~ ~ ~' I ~ ~ ~ ~ , ~ i I Ilia I~ ~~ I I~~ I ;i ~ '_ ~ ~ m KI C~ ~ Cy' _' ~~ ~~ rl ( I ~ 1 -s i r r 3 6 ~t ~ ~ t • r M A O 3 I, ' Iw $ Illinois Department of Transportation Agreement for Maintenance of Municipal Streets THIS AGREEMENT, made and entered into this 11th day of ~U~Y A.D. 19 91 by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "Department" and ~n+r,n a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois, hereinafter referred to as the "Corporation." WITNESSETH, that for and in consideration of the covenants her~nafter mentioned, the Corporation agrees to operate and maintain for the period beginning 1u~ ~~-1 19 ,and ending ,lune 30 19 ~2, in a manner satisfactory to the Department, portions of certain streets being used as extensions or parts of State high- wayslying within the boundaries of the Corporation. It is understood and agreed that this a reement may, in the discretion of the Department, be extended to cover the twelve month period ending 19 ~3., under the same terms, conditions and amounts stipulated herein, subject to an adequate appropriation being enacted by the General Assembly, unless the Corporation gives written notice to the Department of termination. Such extension shall be accomplished by a letter from the Depart- ment tothe Corporation. The Department reserves the right to amend this agreement at the time of extension by adjusting the inflation factor used to determine the rates of compensation by application of the most recent Federal Highway Administra- tion's "Highway Maintenance and Operations Cost Trend Index." It is further understood that the terms of this agree- ment may be adjusted by addendum during the agreement's tenure to compensate for the addition or deduction of lane miles of streets to be maintained. Such addendum shall be approved and signed by both parties. Operation and maintenance includes but is not limited to all routine surface and pothole repairs, temporary full- depth patches, expansion bump removal on bituminous surfaces, crack and joint sealing, cleaning and litter pickup, snow and ice control and all other routine operational services. Median maintenance, when applicable, shall consist of sweeping, litter pickup, mowing, and routine surface repairs. The Corporation agrees to operate and maintain the streets covered by this agreement in the best interests of the people of the State of Illinois. The portions of streets to be maintained are described on the Computation Sheet (Form MAI 41 1) attached hereto and made a part hereof. The Corporation agrees to permit no cuts or openings in the curbs or pavements of the streets covered by this agreement without the written approval of the Department. Pavement cuts, curb openings, utility frames and munici- pal frames and grates or covers disturbed by settlement, construction or repair under permit are to be restored, repaired, adjusted and maintained by the utility owner or permit holder to the satisfaction of the Department at no ex- pense tothe State. The Corporation agrees that, except in extreme emergencies, it will not undertake or authorize repairs not cov- ered by this agreement, at the expense of the State, without securing the approval of the Department. The Department, in contracting with the Corporation for the maintenance and operation of the effected streets, has curtailed procurement of tools, equipment and personnel. Reversion to maintenance by State forces could entail time-consuming reallocation of resources. The Corporation therefore agrees that it will not terminate this agreement nor refuse to enter into subsequent agreements without giving the Department written notice at least 90 days prior to such termination. If the Corporation gives the Department written notice of intent to enter into no future agreements, the current agreement will remain in force for 90 days from the receipt of such notice or until the termi- nation date of the current agreement, whichever date is the later. The Department may, at its discretion, release the Corporation from the agreement before the expiration of the 90 days required by the above stipulation. In consideration of the satisfactory maintenance and operation of streets covered by this agreement, the Depart- ment will pay the Corporation a total sum ofT~ Thousand nine hundrPd~ dollars ($ 10 ,0-50 .A~ ), for the twelve month period covered by the agreement, payable as described below. fifty-nine ~ 02/ 100 On or about March 31, June 30, September 30, and December 31, of each year, subject to an inspection by the Department, the Department will authorize the Corporation to invoice the Department in an amount equal to approxi- matelyone-fourth of the total annual allowance stated above. MAI 416 (Rev. 9-891 -2- ~~ It is further understood and agreed that the Department, when in its judgment it is expedient to do so, and at its discretion, shall have the right to terminate this agreement by giving written notice to the Corporation not less than thirty (30) days in advance of the date of such termination. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their duly authorized officials. City (or Village) of Canton Mayor or President State of Illinois rtment of Transportatio,~ n_ ~• a~ "~•+ By Director of Highways //~~ ~r~~ Attest ,. City (or V lage) erk ~ (Seal) ~ E.31ti °,~tJ v '. .,~~ ~~,. ~~~ 166I ~:~ I.1 rl I' ~~''~: t,- , t :~„~,~ ~::`~`, ~ e~-, i