HomeMy WebLinkAboutResolution # 3878 RESOLUTION NO. 3878
A RESOLUTION APPROVING AN AGREEMENT WITH THE ILLINOIS .
DEPARTMENT OF TRANSPORTION FOR 2.27 MILES OF ILLINOIS ROUTE 78
(NORTH MAIN STREET) AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK OF THE CITY OF CANTON TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF CANTON
WHEREAS, the State of Illinois Department of Transportation, in order to facilitate the
free flow of traffic and ensure safety to the motoring public is desirous of improving
approximately 2.27 miles of Illinois Route 78 (North Main Street), by widening and resurfacing
the existing pavement from north city limits of Canton to Linden Street, providing a 12' wide
northbound and southbound through traffic land and a 14' variable width bi-directional turn lane,
by constructing curb and gutter and a storm sewer system for highway drainage, by modernizing
the traffic signals at Lincoln Road, by replacing existing sidewalk and constructing new
sidewalk, and by performing all work necessary to complete the work in accordance with the
approved plans and specifications, and
WHEREAS, the City Council of the City of Canton, Illinois is desirous of said
improvement in that the same will be of immediate benefit to the traveling public and permanent
in nature, and
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of
the Agreement, a copy of which is attached hereto and incorporated herein 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 approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Agreement between the City of Canton and the State of Illinois Department of
Transportation, which is attached hereto and incorporated herein as Exhibit A, is hereby
approved in the form attached as Exhibit A, said Agreement to be subject to and effective
pursuant to the terms and conditions set forth therein.
2. That the Mayor and the City Clerk of the City of Canton, lllinois are hereby authorized
and directed to execute said Subordination Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, lllinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th
day of Decenber � 2008 upon a roll call vote as follows:
AYES: Aldeztnen Schenck, Berardi, Saxff,j�lest, Nidiffe�, iYmes, Strandberg,
I�ewis,
NAYS: Ncme.
ABSENT: Nane.
APPROVED:
i�
Kevin R. Meade
Mayor
ATTEST:
.�� .
Nancy S. Whites
City Clerk
FAP Route 22 (IL 78)
Section: 135W-2,RS-5
City Section 08-00096-00-W R
Fulton County
IL 78 from North City Limits to
Linden Street in Canton
Job No. C-94-142-00
Contract No. 68114
Catalog No. 032311-OOD
Agreement No. JN-409-001
AGREEMENT
This Agreement, entered into this day of , A.D., 2008, 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 STATE, in order to facilitate the free flow of traffic and ensure safety to the
motoring public is desirous of improving approximately 2.27 miles of Illinois Route 78 (North
Main Street, FAP Route 22, State Section 135W•2,RS-5, City Section 08-00096-00-WR, by
widening and resurfacing the existing pavement from the north city limits of Canton to Linden
Street, providing a 12' wide northbound and southbound through traffic lane and a 14' and
variable width bi-directional turn lane, by constructing curb and gutter and a storm sewer
system for highway drainage, by modernizing the traffic signals at Lincoln Road, by replacing
existing sidewalk and constructing new sidewalk, and by performing all other work necessary to
complete the work 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 traveling public and permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
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1. The STATE agrees to make the surveys, 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 plans, specifications and contract.
2. The STATE agrees to pay all 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 for this improvement is as follows:
FHWA STATE CITY COST TOTAL
TYPE OF WORK COST(%) COST(%) (°/a) COST
Traffic Signals 0 70,000 (100) 0 70,000
Prelim Eng. (5%) 0 3,500 (100) 0 3,500
Const Eng. (10%) 0 7,000 (100) 0 7,000
Sidewalk Removal 0 0 52,200 (100) 52,200
Prelim Eng. (5%) 0 0 2,610 (100) 2,610
Const Eng. (10%) 0 0 5,220 (100) 5,220
New Sidewalk 0 104,500 (50) 104,500 (50) 209,000
Prelirn Eng. (5%) 0 5,225 (50) 5,225 (50) 10,450
Const Eng. (10%) 0 10,450 (50) 10,450 (50) 20,900
Remaining Const. 5,915,520 (90) 657,280 (10) 0 6,572,800
Prelirn Eng. (5%) 0 328,640 (100) 0 328,640
Const Eng. (10%) 591,550 (90) 65,730 (10) 0 � 657,280
SUBTOTALS 6,507,070 1,252,325 180,205 7,939,630
Right of Way 0 69,000 0 69,000
TOTALS s6,507,070 $1,321,325 5180,205 �8,008,600
Participation and reimbursement shall be predicated by the percentages shown above for the
specified work. Cost shall be determined by multiplying the final quantities times contract unit
prices plus the appropriate percentages for preliminary and construction engineering.
- 2 -
4. 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. The CITY agrees to reimburse the STATE in five (5) annual payments as follows:
Upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT
OF TRANSPORTATION of the STATE OF ILLINOIS from any funds allotted to the CITY,
the first of four (4) equal annual payments of an amount of 20°l0 of its obligation incurred
under this AGREEMENT, and will pay to the said DEPARTMENT a fifth annual payment,
which will be the remainder of the obligation (including any non-participating costs on FA
projects), in a lump sum based upon final costs determined upon completion of the project.
The estimated annual payment amount is $36,000. The CITY 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 A" proves to be insufficient to cover said
cost.
5. The CITY has adopted and will put into effect, prior to the STATE's advertising for the work
to be performed hereunder, or will continue to enforce an ordinance requiring that parking
be prohibited on tllinois Route 78 within the limits of this improvement, a copy of which is
attached hereto as "Exhibit B", and wilf in the future prohibit parking at such locations on or
immediately adjacent to this improvement as may be determined necessary by the STATE
from traffic capacity studies.
6. The CITY has adopted and will put into effect, prior to the STATE's advertising for the work
to be performed hereunder, or will continue to enforce an appropriate ordinance prohibiting
the discharge of sanitary sewage and industrial waste water into any storm sewer within the
limits of this improvement, a copy of which is attached hereto as "Exhibit C".
7. Prior to the STATE advertising 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 hereto as "Exhibit D."
- 3 -
8. The CITY agrees to provide prior to the STATE's advertising for the work to be performed
hereunder approval of the plans and specifications as prepared, by resolution or letter.
9. The CITY agrees not to permit driveway entrance openings to be made in the curb as
constructed, without consent of the STATE.
10. The CITY shall exercise its franchise right to cause private utilities to be relocated, if
required, at no expense to the STATE.
11. The CITY agrees to cause its utilities instalfed on right of way after said right of way was
acquired by the STATE or installed within the limits of a roadway after the said roadway's
jurisdiction was assumed by the STATE, to be relocated and/or adjusted if required, at no
expense to the STATE.
12. Upon final field inspection of the improvement and so long as Itlinois Route 78 is used as a
State Highway, the STATE agrees to maintain or cause to be maintained the bi-directional
center turn lane, the through traffic lanes lying on either side of the bi-directional center turn
lane, the right turn lanes, and the curb and gutter or stabilized shoulders and ditches
adjacent to those traffic lanes to be maintained by the STATE.
13. Upon final inspection of the improvement the CITY agrees to maintain or cause to be
maintained those portions of the improvement which are not maintained by the STATE
including the sidewalks, crosswalk and stopline markings, CITY owned utilities including
appurtenances thereto, highway lighting including furnishing the electrical energy therefore,
the storm sewers and appurtenances by performing those functions necessary to keep the
sewer in a serviceable condition including cleaning sewer lines, inlets, manholes, catch
basins along with the repair or replacement of intet, manhole and catch basins' frames,
grates or lids plus structural faitures to a maximum length of twelve feet (12') between
adjacent manholes. 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 jurisdictional and
maintenance responsibilities on the side streets up to the edge of pavement of the through
traffic lane on Illinois Route 78.
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. 14. The parties hereby mutually agree that the obligations of the parties 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 contract.
15. 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 of the Agreement.
17. Under penalties of perjury, the CITY certifies that its correct Federat Taxpayer ldentification
Number is 37-6000876 and the CITY is doing business as a municipality whose mailing
address is 2 North Main Street, Canton, Illinois 61520.
This Agreement shall be binding upon and to the benefit of the parties hereto, their successors
and assigns.
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION CITY OF CANTON
By: gy.
Christine M. Reed, P.E. Kevin R. Meade
Director— Division of Highways Mayor, City of Canton
Chief Engineer
Date: Date:
Attest:
Nancy Whites, City Cterk
(SEAL)
s:Ungrt\winword�progdev�agreementsyointyn409001 rev.doc
- 5 -
FAP Route 22 (IL 78) �
State Section 135W-2,RS-5
City Section 08-00096-00-WR
Fulton County
IL 78 from North City Limits of Canton to Linden Street
Agreement No. JN-409-001
Contract No. 68114
Catalog No. 032311-OOD
I approve the portions of the final plans for the above-captioned project that
pertain to the City of Canton's maintenance obligations.
Kevin R. Meade
Mayor, City of Canton
Date
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� LOCATI�N MAP
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SECTION 135 W-2 RS-5
FULTON COUNTY
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af Transportatiion Agreement Funding Method Payment
Route: FAP 22(IL 78) Agreement No.: JN-409-001
State Section: 135W-2,RS-5 Catalog No.: 032311-OOD
City Section: 08-00096-00-WR
County: Fulton Resolution No.:
EXHIBIT"A"
FUNDING RESOLUTION
WHEREAS, the City of Canton has entered into an AGREEMENT with the State of Illinois for the improvement
of Illinois Route 78 (FAP Route 22), known as State Section 135W-2,RS-5, City Section 08-00096-00-WR; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the City of Canton to
appropriate sufficient funds to pay its share of the cost of said improvement.
WHEREAS, that upon award of the contract for this improvement, the City of Canton will pay to the
DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS from any funds allotted to the CITY, the first of four
(4) equal annual payments of an amount of 20% of its obligation incurred under this AGREEMENT, and will pay to the
said DEPARTMENT a fifth annual payment,which will be the remainder of the obligation (including any non-participating
costs on FA projects), in a lump sum based upon final costs determined upon completion of the project. The estimated
annual payment amount is $36,000. The CITY agrees to pass a supplemental resolution to provide necessary funds for
its share of the cost of this improvement if the amount appropriated in "Exhibit A" proves to be insufficient to cover said
cost.
WHEREAS, that the City of Canton agrees to pass a supplemental resolution to provide necessary funds for its
share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost.
BE IT FURTHER RESOLVED, that there is hereby appropriated the sum of
($ ), or so much thereof as may be necessary, from any money now or hereafter allotted to the City
under the provisions of the Motor Fuel Tax Law, to pay its share of the cost of this improvement as provided in the
Agreement.
Passed and approved this �ht�day of Dec�nber ,2008.
ATTEST:
Kevin R. Meade, Mayor
Nancy Whites,City Clerk
Joseph E. Crowe Date
Deputy Directory of Highways,
Region Three Engineer
s:�ngr1\winwordlprogdev�ag reements\ordinanceyn409001 rev_il 78_funding.doc
Printed 11/20/2008
IUinois Department
af Transportation Parking Ordinance
Ordinance No.:
Exhibit"B"
AN ORDINANCE PROHIBITING PARKING OF VEHICLES ON ILLINOIS ROUTE 78
IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
WHEREAS, the City of Canton, hereinafter known as the CITY, and the State of Illinois, acting by and
through its Department of Transportation, have entered into an Agreement relative to the improvement of Illinois
Route 78 (North Main Street) within the City of Canton; and
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance
prohibiting parking within the limits of the improvement on Illinois Route 78 (North Main Street);
BE IT ORDAINED BY THE CITY OF THE COUNTY OF FULTON, ILLINOIS THAT:
Section 1: It shall be unlawful for any person, firm or corporation to park any motor vehicle within the limits of the
improvement on Illinois Route 78 (North Main Street).
Section 2: Any person, firm or corporation violating the provisions of this Ordinance shall be fined not less than
$ nor more than $ for each offense, and a separate
Section 3: This ordinance shall take effect and be in full force days after its passage, approval and
legal publication as required by law, and the City Clerk is hereby directed to cause this Ordinance
to be published immediatefy after its due passage and approval.
Passed and approved this �6�� day of De��� , 2008 .
Kevin R. Meade, Mayor
ATTEST:
Nancy Whites, City Clerk
PASSED:
SIGNED:
PUBLISHED:
s:�ngr1\winword�progdev�agreements\ordinance�jn409001_il 78�arking ordinance.doc
Printed 11/24/2008
BE IT FURTHER ORDAINED, that the City Clerk is hereby directed to transmit three (3)copies of this
Ordinance to the Illinois Department of Transportation through the Regional Engineer's Office in Peoria, Illinois.
Passed and approved this 16th day of Dec�ber , 2008 .
Kevin R. Meade, Mayor
ATTEST:
Nancy Whites, City Clerk
PASSED:
SIGNED:
PUBLISHED:
s:Ungrt\winword�progdev�agreements\ordinance\jn409001_il 78_storm sewer.doc
Printed 11/24/2008
R
"� ��
af Transportafion Storm Sewer Ordinance
Ordinance No.:
"Exhibit C"
AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY SEWAGE AND
INDUSTRIAL WASTE WATER INTO THE STORM SEWERS OR DRAINAGE FACILITY
CONSTRUCTED IN CONJUNCTION WITH THE IMPROVEMENT LISTED BELOW
Route: _ FAP 22 (IL 78) County: Fulton
Section: 135W-2,RS-5 Municipality: Ciry of Canton
WHEREAS, the State of Illinois, through its Department of Transportation and the City of Canton, a
municipal corporation, have entered into an AGREEMENT for the improvement of FAP 22 (IL 78), known as
Illinois Route 78, State Section 135W-2,RS-5, North Main Street between Linden Street and the north city
limits; and
WHEREAS, this improvement includes the construction of storm water sewers and/or appurtenances for
highway drainage;
NOW, THEREFORE, BE IT ORDAINED by the City of Canton, Illinois;
Section 1: It shall be unlawful for any person, firm or corporation to connect or cause to be connected any
drain carrying or to carry any toilet, sink, basement, septic tank, cesspool, industrial waste or
any fixture or device discharging polluting substances into any storm sewers constructed as
part of this improvement.
Section 2: Any person, firm or corporation violating this Ordinance shall be fined not less than
$ nor more than $ for each offense and separate
offense shall deem to be committed each and every day during which a violation continues or
exists.
Section 3: This Ordinance shall be in effect from and after its passage, approval, and publication as
provided by law.
Printed 11/24/2008
�ninois �epartmer,t
af Trans�portafion Encroachment Ordinance
Ordinance No.:
"Exhibit D"
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY
Route: FAP 22 (IL 78) County: Fulton
Section: 135W-2,RS-5 Municipality: City of Canton
WHEREAS, the City of Canton, hereinafter known as the CITY, and the State of Illinois, acting by and
through its Department of Transportation, have entered into an agreement relative to the improvement of
FAP 22 (IL 78), 135W-2,RS-5 in Fulton County; and
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance
regulating encroachment on the right-of-way for said improvement in accordance with the following
definitions:
1. Roadway Right-of-Way is defined as those areas existing or acquired by dedication or by fee
simple for highway purposes; also, the areas acquired by temporary easement during the time
the easement is in effect;
2. Project Right-of-Way is defined as those areas within the project right-of-way lines established
jointly by the CITY and STATE, which will be free of encroachments except as hereinafter
defined;
3. Encroachment is defined as any building, fence, sign (excluding certain signs located over
sidewalks) or any other public structure or object of any kind (with the exception of utilities and
public road signs), which is placed, located, or maintained in, on, under, or over any portion of
the project right-of-way or roadway right-of-way where no project right-of-way line has been
estabtished.
4. Permissible encroachment is defined as any existing awning, marquee, or sign advertising
activity on the property, or similar overhanging structure supported from a building immediately
adjacent to the limits of the platted street where there is a sidewalk extending to the building line
and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway.
The permissive retention of overhanging signs is not to be construed as being applicable to
those signs supported from poles constructed outside the project right-of-way line and not
confined by adjacent buildings.
5. Construction easement area is defined as the area lying between the project right-of-way limits
and the ptatted street limits within which the CITY, by concurrence with the establishment of the
project right-of-way lines, will permit the STATE to enter to perform all necessary construction
activities; and
Printed 11/24/2008 Page 1 of 2
.
WHEREAS, representatives of the CITY and the STATE have, by visual inspection, cooperatively
established project right-of-way lines and have mutually determined the disposition of encroachments;
NOW, THEREFORE, BE IT ORDAINED, by the CITY, Fulton County, Illinois:
Section 1: It shall be unlawful for any person, firm, or corporation to erect, cause to be erected, to
retain or cause to be retained any Encroachment (hereinabove defined), except as provided
in Section 3, within the project right-of-way or roadway right-of-way where no project right-
of-way lines have been established.
Section 2: This ordinance is intended to and shall be in addition to all other ordinances, rules and
regulations concerning encroachments and shalf not be construed as repealing or
rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
Section 3: Any person, firm or corporation in violation of this ordinance shall be fined not less than
� ) nor more than
( ) for each
offense, and a separate offense shalt be deemed committed for each and every day during
which a violation continues or exists.
Section 4: This ordinance shall be published times(s) within days after its passage
in the newspaper having a general circulation in the
Illinois, and shall be in full force and effect after its passage, publication and approval as �
provided by law.
Passed and approved this day of 2008.
,
Kevin R. Meade, Mayor
ATTEST: .
Nancy Whites, City Clerk
Printed 11/24/2008 Page 2 of 2