HomeMy WebLinkAboutRESOLUTION - 13-89 - 2/28/1989 - AGRMT/IDOTRESOLUTION NO. 13-89
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF A FULL INTERCHANGE AT I-290 AND BIESTERFIELD ROAD
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois:
Section l: That the Village President be and is hereby authorized
to sign the attached documents marked:
AGREEMENT
(CONSTRUCTION OF A FULL INTERCHANGE AT I-290 AND BIESTERFIELD ROAD)
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon
the signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED
this
28th
day
of
February
1989.
APPROVED
this
28th
day
of
February
1989.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
4037r
AGREEMENT
THIS AGREEMENT entered into this day of A.D. 19 by
and Detween the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION, hereinafter called the STATE, and THE VILLAGE OF ELK GROVE
VILLAGE and the VILLAGE OF SCHAUMBURG, both in the County of Cook, of the State
of Illinois, hereinafter called ELK GROVE VILLAGE and the VILLAGE OF SCHAUMBURG.
WITNESSETH:
WHEREAS, the STATE, in order to facilitate the free flow of traffic and
ensure safety to the motoring public, is desirous of constructing an
interchange on F.A.I. Route 290 @ Biesterfield Road in ELK GROVE VILLAGE, Cook
County, Illinois (F.A.I. Route 290, STATE Section: , STATE Job
No.: , ELK GROVE VILLAGE Section: 88 -00031 -00 -PV, VILLAGE OF
SCHAUMBURG Section: 88 -00046 -00 -PV) by making the following improvements:
A. I-290 @ Biesterfield Road:
Construction of a full intercnange providing for new exit and entrance
ramps including acceleration and deceleration lanes along mainline I-290,
widening of Biesterfield Road Bridge passing over I-290 (Structure No.:
016-0960), new drainage system, installation of new traffic signals at the
northbound exit/entrance ramp and at the southbound exit/entrance ramp
terminals, installation of a new sidewalk extending from Ronlwing Road to
east of Martha Street on the north side of Biesterfield Road and all
incidental work.
B. Biesterfield Road @ Rohlwing Road:
Replacement of existing temporary span wire traffic signals with a
permanent traffic signal system.
C. Biesterfield Road @ Rohlwing Road:
Intersection channelization to provide the following:
1. Biesterfiela Road east of Rohlwing Road -
- Two 12' through traffic lanes in each direction
- Two left turn lanes of 12' each separated by a 4' barrier median
- One 12' right turn lane
2. Biesterfield Road west of Rohlwing Road-
- Two 12' through traffic lanes in each direction separated by a
16' thermoplastic median
- One 12' left turn lane
s. Rohlwing Road north of Biesterfield Road-
- Two 12' through traffic lanes in each direction
- Two left turn lanes of 12' each separated by a 4' barrier median
4. Rohlwing Road south of Biesterfield Road-
- Two 12' through traffic lanes in each direction separated by a
16' mountable median
- One 12' left turn lane
- One 12' right turn lane
WHEREAS, ELK GROVE VILLAGE and the VILLAGE OF SCHAUMBURG are desirous of
said improvement in that same will be of immediate benefit to ELK GROVE VILLAGE
and the VILLAGE OF SCHAUMBURG residents and permanent in nature;.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. The STATE agrees to make the surveys, obtain all necessary rights of
way, prepare plans and specifications, receive bids and award the
contract, furnish engineering inspection during construction ana cause
the improvement to be built in accordance with the plans,
specifications and contract.
-2-
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2. The STATE agrees to pay all right-of-way, construction and engineering
costs, subject to reimbursement by ELK GROVE VILLAGE and the
VILLAGE OF SCHAUMBURG as hereinafter stipulated.
3. It is mutually agreed by and between the parties hereto that
the estimated cost of the improvement shall be as shown on Page
2A.
4. Elk Grove Village agrees to reimburse the STATE for 25% of all
land acquisition, engineering and construction costs associated
with the construction of the interchange of I-290 @ Biesterfield
Road ($1,500,000.00). The total cost to ELK GROVE VILLAGE for
this work is estimated to be $1,500,000.
It is understood and agreed that the maximum amount of ELK
GROVE VILLAGE financial participation for the above work shall
not exceed $1,500,000.
ELK GROVE VILLAGE also agrees to reimburse the STATE for
100% of all construction costs associated with the installation
of new sidewalk on the north side of Biesterfield Road from
Rohlwing Road to east of Martha Street ($37,000). Said sidewalk
is for that area east and west of the bridge. The STATE shall
also provide and pay for all preliminary and construction engineering
associated with any and all sidewalk installed on this project.
It is also agreed that ELK GROVE VILLAGE will receive a credit
in the amount of $14,336 for 50% of the cost of temporary signals
which are already in place at the intersection of Biesterfield
Road @ Rohlwing Road. (50% of $28,672 total cost = credit of
$14,336). Said credit shall be applied to ELK GROVE VILLAGE
total obligation at the time of award of the contract.
The cost to ELK GROVE VILLAGE inclusive of the sidewalk is
estimated to be $1,537,000, less $14,336 credit or a total estimated
cost of $1,522,664.
The VILLAGE OF SCHAUMBURG agrees to reimburse the STATE for
25% of all land acquisition, engineering and construction costs
associated with the construction of the interchange at I-290
@ Biesterfield Road ($1,500,000.00). The total cost to the
VILLAGE OF SCHAUMBURG is estimated to be $1,500,000.00.
It is understood and agreed that the maximum amount of the
VILLAGE OF SCHAUMBURG'S financial participation in this project
shall not exceed $1,500,000.00.
It is also understood and agreed that if it is determined
that either ELK GROVE VILLAGE or the VILLAGE OF SCHAUMBURG has
secured any right of way which will benefit the STATE (for this
project), the respective VILLAGE shall receive a full credit
for the amount equal to the STATE'S appraised value.
5. ELK GROVE VILLAGE has passed a resolution appropriating suf-
ficient 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 VILLAGE OF SCHAUMBURG 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 AA and made a '
part hereof.
Upon award of the contract for this improvement, ELK GROVE
VILLAGE and the VILLAGE OF SCHAUMBURG will each pay to the Department
of Transportation of the State of Illinois in a lump sum, from
any funds allotted to ELK GROVE VILLAGE and the VILLAGE OF SCHAUMBURG,
an amount equal to 50% of their respective obligations incurred
under this agreement.
Upon receipt of the contractor's first and subsequent progressive
bills, ELK GROVE VILLAGE and VILLAGE OF SCHAUMBURG will each
pay to the Department of Transportation of the State of Illinois,
from any funds allotted to the VILLAGE, an amount equal to the
remaining ELK GROVE VILLAGE and VILLAGE OF SCHAUMBURG'S shares
(50%) divided by the estimated cosntruction cost, multiplied
by the actual progress payment made to the contractor until
the entire obligation incurred under this agreement has been
paid. It is understood that the VILLAGE'S initial 50% payment
shall be exhausted first before any additional reimbursement
is requested.
6. ELK GROVE VILLAGE has adopted and will put into effect prior
-4-
to the STATE advertising for the work to be performed hereunder,
an ordinance requiring that parking be prohibited along Biesterfield
Road and Rohlwing Road within the limits of this improvement,
within ELK GROVE VILLAGE limits, a copy of which is attached
hereto as Exhibit B and made a part hereof, and will in the
future prohibit parking at such locations on or immediately
adjacent to this improvement as may be determined by the STATE
or be necessary from traffic capacity studies.
7. ELK GROVE VILLAGE has adopted and will put into effect, prior
to the STATE advertising for the work to be performed hereunder,
an appropriate ordinance prohibiting the discharge of sanitary
and industrial waste water into any storm sewers or drainage
facility constructed as part of this improvement, a copy of
which is attached hereto as Exhibit C and made a part hereof.
8. Prior to the STATE advertising for the work to be performed
hereunder, the disposition of encroachments will be cooperatively
determined by representatives from ELK GROVE VILLAGE and the
STATE.
ELK GROVE VILLAGE has adopted and will put into effect, prior
to the STATE advertising for the work to be performed hereunder,
an appropriate ordinance relative to the disposition of encroach-
ments and prohibiting in the future any new encroachments within
the limits of the improvement, a copy of which is attached as
Exhibit D and made a part hereof.
9. ELK GROVE VILLAGE and the VILLAGE OF SCHAUMBURG each agree to
adopt a resolution or send a letter, prior to the STATE advertising
for the work to be performed hereunder, approving the plans
and specifications as prepared.
10. ELK GROVE VILLAGE agrees not to permit future driveway entrance
openings to be made in the curb as constructed, without the
consent of the STATE. The existing driveway at the Bolger Shopping
-5-
Center on Biesterfield Road may remain to accommodate right
turns onto and off of Biesterfield Road.
11. The STATE shall cause private utilities to be relocated at no
expense to the STATE or ELK GROVE VILLAGE or the VILLAGE OF
SCHAUMBURG. Where a municipal utility has been installed (1)
on right of way acquired by the STATE or (2) within defined
limits of a route the STATE has accepted for maintenance
responsibilities, subsequent to the date of such acceptance
the respective municipality will bear all utility relocation
or adjustment costs made necessary by the construction of this
improvement.
It is understood that all ELK GROVE VILLAGE and VILLAGE OF
SCHAUMBURG utilities identified on the as -built plans shall
be considered as part of the overall project cost and participation
shall be governed according to Page 2A.
It is also agreed that the STATE shall install sleeves (casing)
around the 12" ELK GROVE VILLAGE water main which passes under
the ramps on the north side of Biesterfield Road.
12. Upon completion of the improvement and final field inspection
by the STATE and so long as F.A.I. Route 290 and Rohlwing Road
are used as STATE highways, the STATE agrees to maintain, or
cause to be maintained, the median, the through traffic lanes,
the left -turn and right -turn lanes, and the curb and gutter
or stabilized shoulders and ditches adjacent to those lanes.
the STATE will be responsible for the maintenance of lane line
and median line markings.
The STATE will also be responsible for the jurisdiction and
maintenance of the newly constructed interchange ramps.
The STATE will also be responsible for the maintenance of the
bridge substructure (from the top of the beams downward) of
the structure carrying Biesterfield Road over F.A.I. Route 290.
The STATE agrees to perform periodic routine inspections
of the entire structure and will notify ELK GROVE VILLAGE of
any potential problems or failures.
r.
13. Upon completion of the improvement and final field inspection
by the STATE, ELK GROVE VILLAGE agrees to maintain, or cause
to be maintained, along Rohlwing Road within ELK GROVE VILLAGE
limits, those portions of the improvement which are not to be
maintained by the STATE, including sidewalks, parkways, manholes,
catch basins, storm sewers, utilities and appurtenances. ELK
GROVE VILLAGE will be responsible for maintenance of crosswalk
and stopline markings.
ELK GROVE VILLAGE will also retain jurisdiction and maintenance
of Biesterfield Road, including Biesterfield Road over F.A.I.
Route 290. Bridge jurisidction and maintenance will include
complete deck and wearing surface above structural beams and
girders, all railing and all drainage components above structural
beams and griders.
14. Upon completion of the improvement and final field inspection
by the STATE, the VILLAGE OF SCHAUMBURG shall continue to maintain
any portions of the improvement which were maintained by the
VILLAGE OF SCHAUMBURG prior to this improvement.
15. Upon acceptance of the STATE of the traffic signal work included
herein, the financial responsibility for the maintenance and
energy charges for the operation of the traffic signals shall
be proportioned as follows:
Intersection Level of Maintenance Electrical
Maintenance Energy
Biesterfield Road
@ Rohlwing Road I or II
STATE Share .......................... 50% 0%
ELK GROVE VILLAGE Share..............50% 100%
-7-
Biesterfield Road
@ N.B. Ramps I or II
STATE Share............................100% 100%
ELK GROVE VILLAGE Share..................0% 0%
Biesterfield Road
@ S.B. Ramps I or II
STATE Share ................. .........100% 100%
ELK GROVE VILLAGE Share..................0% 0%
It is agreed that the actual signal maintenance for the two
signals at the northbound and southbound ramps will be performed
by the STATE either with its own forces or through an ongoing
contractual agreement.
It is also agreed that the actual signal maintenance for
the signal Biesterfield Road @ Rohlwing Road will be performed
by the ELK GROVE VILLAGE either with its own forces or through
an ongoing contractual agreements.
It is also understood that if in the judgment of the STATE,
ELK GROVE VILLAGE has not provided adequate maintenance for
those signals which it has been assigned to maintain, the STATE
will upon giving 30 days notice in writing arrange for the appro-
priate maintenance efforts and bill the ELK GROVE VILLAGE for
its share of the costs.
It is further agreed that all signals shall be maintained
to at least the Level of Maintenance shown above by the respective
parties.
The ELK GROVE VILLAGE agrees to bill the STATE for its
proportionate share of the signal maintenance costs for the
signal at Biesterfield Road @ Rohlwing Road on a three-month
basis. The amount billed shall be the actual costs incurred
less any third party damage claims received during the billing
period for repair of signals that are the responsiblity of the
billed party. Any proposed expenditures in excess of $5,000
for repair of damage to single signal installations must be
approved by the billed party before the expenditure is made.
The STATE reserves the right to examine the records of ELK GROVE
VILLAGE to determine that the costs billed are fully documented.
The parties hereto agree that the traffic signal maintenance
and energy provisions of this agreement shall remain in effect
for a period of twenty (20) years from the date of its execution,
or so long as the traffic signals covered by the terms of this
agreement of any amendment hereto remain in place either in
their current or some modified configuration, whichever is the
shorter period of time. Such an effective term shall apply
unless otherwise agreed in writing by the parties hereto.
All applicable provisions, conditions, restrictions and
requirements for the permanent traffic control signals at
Biesterfield Road @ Rohlwing Road contained in Permit No. 1-86-0549
MS 011 which authorized the construction, operation and maintenance
of temporary span wire traffic signals on Rohlwing Road @
Biesterfield Road shall be superseded by the provisions, con-
ditions, restrictions and requirements for the permanent traffic
signals at Biesterfield Road @ Rohlwing Road contained in this
agreement.
The STATE agrees to make arrangements with the local power
company to furnish the electrical energy for the operation of
the traffic signals. ELK GROVE VILLAGE agrees to pay its
proportionate share of this cost as billed by the local power
company.
The STATE retains the right to control the sequence and
timing of all the traffic signals included herein.
THIS AGREEMENT and the covenants contained herein shall become
null and void in the event the contract covering the construction
work contemplated herein is not awarded by July 1, 1993.
THIS AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
ATTEST:
Patricia S. Smith
VILLAGE Clerk
(SEAL)
ATTEST:
VILLAGE Clerk
(SEAL)
ELK GROVE VILLAGE
By Charles J. Zettek
VILLAGE President
Date: March 2, 19 89
VILLAGE OF SCHAUMBURG
By
VILLXiE President
Date:
19
STATE OF ILLINOIS
DEPARTMENT OF TkANSPORTATION
By
Director of Hignways
Date: 19
—10—
EXHIBIT "A"
ORDINANCE NO. 2019
AN ORDINANCE APPROPRIATING THE VILLAGE OF ELK GROVE
VILLAGE SHARE OF THE COSTS OF THE ROADWAY IMPROVE-
MENT ON F.A.I. ROUTE 290 AT BIESTERFIELD ROAD
WHEREAS, the State of Illinois acting by and through its Department of
Transportation is desirous of improving Interstate 290 (F.A.I. Route 290)
at Biesterfield Road in the Village of Elk Grove Village, Illinois; and
WHEREAS, the total cost to the Village of Elk Grove Village is
estimated at $1,522,664.00.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and Du Page, State of
Illinois, as follows:
Section 1: That the Village of Elk Grove Village, Illinois does
hereby appropriate the sum of One Million Five Hundred Thousand
($1,500,000.00) Dollars as its share of the improvements of the F.A.I.
Route 290 at Biesterfield Road (Village Section 88 -00031 -00 -PV) and
Twenty -Two Thousand Six Hundred Sixty -Four ($22,664.00) Dollars for
sidewalk installation within the project limits.
Section 2: That the Village Clerk of the Village of Elk Grove
Village is hereby authorized to attach a copy of this Ordinance to the
agreement dated February 28, 1989, by and between the State of Illinois and
the Village of Elk Grove Village.
Section 3: That this Ordinance shall be in full force and effect
from and after its passage and approval according to law.
VOTE:
AYE:
5
NAY: 0
ABSENT: 1
PASSED
this
28th
day of
February , 1989.
APPROVED
this
28th
day of
February , 1989.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village C er
ORDINANCE '10. ?53
AN ORD I:!AMCE AMEND 11;G THE MUNICIPAL CODE nF THE
VILLAGE OF ELK U OVE VILLAGE, CH,�PTER i4, ARTICLE V,
SECTION 14.512, BY ADDING AREAS ;;.,D STREETS ON WHICH
PARKING IS PROHIBITED
NOW, THEREFORE, BE If ORDAINED, by the President and Board or
Trustees of the Village of Ell: Grove Villa,e, Counties or Cook and
DuPage, Illinois, as follows:
Section l: That the Municipal Code of the Village of Elk Grove
Village is hereby amended, as follows:
A. That Chapter 14, Article V, Section 14.512, Paragraph 18,
pertaining to areas in which parking is prohibited is hereby
amended to read as follows:
1118. On the south side of Kennedy Boulevard between Creighton
Street and Elk Grove Boulevard."
B. That Chapter 14, Article V, Section 14.512, Paragraphs
23 (amended) shall be deleted in its entirety, and Paragraph
23a (amended) are repealed,
C. That Chapter 14, Article V, Section 14.512, Paragraph 25,
shall be deleted in its entirety and the following paragraph shall
be substituted therefor:
1125. On the north and south sides of East Elk Grove Boulevard
between Arlington Heights Road and the east intersection of
Victoria Lane."
D. That Chapter 14, Article V, Section 14.512,Paragraph 26 shall be
deleted in its entirety and the following paragraph substituted
therefor:
1126. On the north side of Kennedy Boulevard between Brantwood
and Elk Grove Boulevard."
E. That Chapter 14, Article V, Section 14.512, Paragraph 39, is
hereby deleted in its entirety, and the following paragraph is
substituted therefore:
99. Along Landmeier Road, along Higgins Road, along Elmhurst
Road, along Devon Avenue, along Tonne Road, along Rohlwing
Road, along Nerge Road, and along Meacham Road, in the
Village of Elk Grove Village."
F. That Chapter 14, Article V, Section 14.512 be amended by adding
thereto the following paragraphs:
"no. On Loth aides of !.ions Drive between Elk Grove Boulevard
and the entranca to Lions Port: prma rty.
51. On the east side of Grantwood Avenue betr;een C,irl isle
Avenue and Kennedy Boulevard.
52. On the west side of Ridge Avenue between Elk Grove
Boulevard and'a point,110 feet south of Victoria Lane.
53. Both sides of Westerfield Road between Arling'_on Heights
Road and Rchlwing Road (Route 53).'
Section 2: This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
PASSED AND APPROVED this 22nd day of June 11971.
MOTE: Ayes 5 _
Mays 0
Absent 0
ATTEST:
Richard A. McGrenera..
Village Clerk
Published this 30th day of
Herald.
Charles J. Zettek
illage President
une , 1971, in the Elk Grove
I
ORDINANCE NO.
Exi+ie%r C
AN ORDINANCE PROHIBITING SANITARY SEWER WATER OR
INDUSTRIAL WASTE WATER FROM BEING PUT INTO STORM SEWERS
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage, Illinois:
Section 1. That Section 22A.110 of the Municipal Code of
the Village o Elk Grove Village which prescribes penalties for
violations of said Chapter 22A be renumbered so that henceforth
it be known as 22A.111.
Section 2. That a new section 22A.110 of the Municipal Code
of the Village of Elk Grove Village is hereby adopted to read as
follows:
"Section 22A.110 No person, firm or corporati6n shall
permit, make, or cause to make,a connection or otherwise
discharge sanitary sewer water, or industrial waste water
into any storm sewer into the Village of Elk Grove Village."
Section 3. All ordinances or parts thereof in conflict with
the provisionsof this ordinance are hereby repealed.
Section 4. This ordinance shall be in full force and effect
from and a ter its passage, approval and publication according to
law.
PASSED and APPROVED this,�WI'4!�l day of January, 1965
Attest:
1 age'Clerk
/i
PUBLISHED this � day of
Co
'T,��. G
Tr -es loent
1965 in the
EXHIBIT "D"
ORDINANCE NO. 2020
AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG BIESTERFIELD ROAD
WHEREAS, the State of Illinois, acting by and through its Department
of Transportation, is desirous of improving F.A.I. Route 290 at
Biesterfield Road (Village Section 88 -00031 -00 -PV) in the Village of Elk
Grove Village; and
WHEREAS, said project is being constructed in order to facilitate the
free flow of traffic and ensure safety to the motoring public; and
WHEREAS, a portion of said project passes through the Village of Elk
Grove Village.
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of
the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois, as follows:
Section 1: That no person, firm, or corporation or other entity
shall install, place, maintain or construct any structure that encroaches
upon the State of Illinois right of way on Biesterfield Road within the
limits of the proposed improvements of the F.A.I. Route 290 at Biesterfield
Road.
Section 2: That the Village Clerk of the Village of Elk Grove
Village is hereby authorized and directed to attach a copy of this
Ordinance to the agreement dated February 28, 1989, by and between the
State of Illinois and the Village of Elk Grove Village relative to the
improvements of the F.A.I. Route 290 at Biesterfield Road.
Section 3: That this Ordinance shall be in full force and effect
from and after its passage and approval according to law.
VOTE:
AYE:
5
NAY: 0
ABSENT: 1
PASSED
this
28th
day of
February 1989.
APPROVED
this
28th
day of
February 1989.
ATTEST:
Patricia S. Smith
Village Clerk
Charles S. Zettek
village President