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HomeMy WebLinkAboutRESOLUTION - 41-20 - 6/16/2020 - Intergovernmental Agreement Between IDOT and the Village proposed Improvement Plan, Oakton to BusseRESOLUTION NO. 41-20 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE PROPOSED IMPROVEMENT PLAN AND THE COST PARTICIPATION RESPONSIBILITIES FOR IL 72 (HIGGINS ROAD) FROM OAKTON STREET TO IL 83 (BUSSE ROAD) PROJECT NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT COST PARTICIPATION RESPONSIBILITIES JOB NO. c-91-469-11 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 Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:6 NAYS: 0 ABSENT:O PASSED this 16th day of June 2020. APPROVED this 16th day of June 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk FAP Route 341 IL72/IL83 Oakton St. (W. Jct) to East of IL 83 (E Jct) and at IL 83 / Busse Road State Section: 2011-019-TS County: Cook Job No.: C-91-469-11 Contract No.: 60P14 JN-120-011 AGREEMENT This Agreement entered into this day of , 2020 A.D., by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and VILLAGE OF ELK GROVE VILLAGE of the State of Illinois, hereinafter called the VILLAGE 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 9,235 lineal feet of IL 72 / IL 83, FAP Route 341, from Oakton St. (W. Jct) to East of IL 83 (E Jct) and at IL 83 / Busse Road, STATE Section 2011-019-TS, STATE Job No.: C-91-469-11, State Contract Number 60P14 as follows: The scope of work for the project includes restriping and minor widening to provide dual left turn lanes on all four legs of the IL 72 at IL 83 intersection, new signage and pavement markings to enhance continuity along IL 72, traffic signal replacement, pedestrian and bicyclist accomodations, drainage improvements and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the VILLAGE requests that the STATE include in its contract a shared used path, roadway lighting and interior illuminated street name signs; and WHEREAS, the STATE has agreed to the VILLAGE's request; and WHEREAS, the VILLAGE is desirous of said improvement in that same will be of immediate benefit to the VILLAGE residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto 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 and cause the improvement to be built in accordance with the approved plans, specifications and contract. 2. The STATE agrees to pay for all right of way, construction and engineering cost subject to reimbursement by the VILLAGE, 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 shown on Exhibit A attached hereto and made a part hereof.. 4. The VILLAGE has passed a resolution appropriating sufficient funds to pay its share of the cost for this improvement, a copy of which is attached hereto as Exhibit B and made a part hereof. The VILLAGE agrees that upon award of the contract for this improvement, the VILLAGE will pay to the STATE, in a lump sum from any funds allotted to the VILLAGE, an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to said STATE the remainder of the obligation (including any non -participating costs on FA Projects) in a lump sum, upon completion of the project, based upon final costs. 5. The VILLAGE further 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 B proves to be insufficient to cover said cost. 6. The VILLAGE agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along IL 72 / IL 83 without the consent of the STATE. 7. The VILLAGE shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 8. The VILLAGE agrees to cause its utilities installed 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. 9. All VILLAGE owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System." (92 III. Adm. Code 530). 10. The VILLAGE agrees to obtain from the STATE an approved permit for any VILLAGE owned utility relocated/adjusted as part of this improvement, and shall abide by all conditions set forth therein. 11. Upon final field inspection of the improvement and so long as IL 72 / IL 83 are used as a STATE Highways, the STATE agrees to maintain or cause to be maintained the median, the through traffic lanes, the left -turn lanes and right turn lanes, and the curb and gutter, stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes. 12. Upon final field inspection of the improvement, the VILLAGE agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE, including existing sidewalks, shared use paths, parkways and landsape medians. 13. VILLAGE owned utilities including appurtenances thereto, highway lighting including furnishing the electrical energy thereof. 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. 14. The VILLAGE further agrees to continue its existing maintenance responsibilities on all side road approaches under its jurisdiction, including all left and right turn lanes on said side road approaches, up to the through edge of pavement of IL 72 / IL 83. Drainage facilities, if any, at the aforementioned side roads located within the STATE right-of-way shall be the joint maintenance responsibility of the STATE and the VILLAGE unless there is an agreement specifying different responsibilities. 15. The VILLAGE agrees to assume responsibility for the administration, control, reconstruction and maintenance of the shared use path not otherwise carried on State structures. The VILLAGE further agrees to indemnify and hold harmless the State, its officers, employees, and agents from any and all claims, lawsuits, actions, costs, and fees (including reasonable attorney fees and expenses) of every nature and description arising from, growing out of, or connected with the operation of the shared use path. If, in the future, the STATE adopts a roadway or traffic signal improvement on IL 72 / IL 83 which requires modification, relocation or reconstruction to said shared use path, then the VILLAGE hereby agrees to be financially responsible for its proportionate share of costs to modify, relocate or reconstruct said shared use path in conjunction with the STATE's proposed improvement. 16. Upon acceptance by the STATE of the traffic signal work included herein the financial responsibility for maintenance and energy for the operation of the traffic signals shall remain as outlined in the Exhibit A in the Master Agreement executed between the Village of Elk Grove Village and the Department of Transportation for the term of which begins September 19, 2011. 17. It is the STATE's policy to install traffic signal hardware which requires little or no maintenance (e.g., galvanized signal posts and mast arms, polycarbonate traffic signal heads). All costs associated with the installation, future maintenance, or replacement of non-standard Department equipment, finish or hardware shall be the sole responsibility of the VILLAGE. This includes, but is not limited to, painting of the traffic signal hardware, aesthetic poles or mast arms, accessible pedestrian signals and internally illuminated street name signs. 18. It is mutually agreed that the actual traffic signal maintenance will be performed by the STATE either with its own forces or through an ongoing contractual agreement. 19. The STATE's Electrical Maintenance Contractor shall maintain the Emergency Vehicle Pre-Emption System equipment and internally illuminated LED street names signs located at the traffic signals included herein and shall directly invoice the VILLAGE for the costs related to said maintenance. 20. The VILLAGE shall maintain the emitters and associated appurtenances at its own expense. The emitters shall be maintained and tested in accordance with the recommendations of the manufacturer. 21. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals, then the VILLAGE agrees to be financially responsible for its share of the traffic signals and all costs to relocate or reconstruct the emergency vehicle pre-emption equipment and/or street name signs in conjunction with the STATE's proposed improvement. 22. The VILLAGE has adopted a resolution, will send a letter, or sign the Plan Approval page which is part of this document, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. 23. Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is 36-6009201 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is: Village of Elk Grove Village 901 Wellington Avenue Elk Grove, Illinois 60007 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SEE NEXT PAGE FOR SIGNATURES Obligations of the STATE and the VILLAGE 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. 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 the three years subsequent to execution of the agreement. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. Attest: Clerk (SEAL) VILLAGE OF ELK GROVE VILLAGE By: (Signature) By: (Print or Type) Title: Date: STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Anthony J. Quigley, P.E. Region One Engineer Date: Job No.: C-91-469-11 Agreement No.: JN-120-011 PLAN APPROVAL WHEREAS, in order to facilitate the improvement of FAP Route 341, known as IL 72 / IL 83, Contract No. 60P14, State Section 2011-019-TS the VILLAGE agrees to that portion of the plans and specifications relative to the VILLAGE's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed improvement. Approved Title Date EXHIBIT A ESTIMATE OF COST Contract 60P14 Type of Work FEDERAL STATE VILLAGE OF ELK GROVE VILLAGE TOTAL $ % $ % % All roadway work excluding the following: $4,050,000 90% $450,000 10% N/A% $4,500,000 P&C Engineering 15% $607,500 90% $67,500 10% N/A% $675,000 TRAFFIC SIGNALS AND LIGHTING IL Rte 72 @ Oakton West $270,000 90% $20,100 6.7% $9,900 3.3% $300,000 P&C Engineering 15% $40,500 90% $3,015 6.7% $1,485 3.3% $45,000 'Emergency Vehicle Preemption $7,000 100% $7,000 P&C Engineering (15%) $1,050 100% $1,050 IL Rte 72 @ IL Rte 83/Busse Rd $375,300 90% $41,700 10% $417,000 P&C Engineering (15%) $56,295 90% $6,255 10% $62,550 Emergency Vehicle Preemption $7,000 100% $7,000 P&C Engineering (15%) $1,050 100% $1,050 IL Rte 72@ Old 83/Oakton E $240,300 90% $26,700 10% $267,000 P&C Engineering (15%) $36,045 90% $4,005 10% $40,050 Emergency Vehicle Preemption $7,000 100% $7,000 P&C Engineering (15%) $1,050 100% $1,050 Installing LED Roadway Lighting @ IL 72 and IL 83 $363,000 100% $363,000 P&C Engineering 15% $54,450 100% $54,450 Installating LED street signs @ 3 Traffic Signals $52,000 100% $52,000 P&C Engineering 15%) $7,800 100%1 $7,800 OTHER WORK Shared -use Path $92,800 80% $23,200 20% $116,000 P&C Engineering 15%) $13,920 80% $3,480 20% $17,400 TOTAL $5,782,660 $619,275 $539,465 $6,941,400 3 "Exhibit B" FUNDING RESOLUTION WHEREAS, the VILLAGE OF ELK GROVE VILLAGE (VILLAGE) has entered into an AGREEMENT with the STATE OF ILLINOIS (STATE) for the improvement of IL 72 / IL 83, known as Contract No. 60P14; State Section; 2011-019-TS: and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the VILLAGE 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 Five Hundred Thirty Nine Thousand Four Hundred Sixty Five Dollars ($539,465) or so much thereof as may be necessary, from any money now or hereinafter allotted to the VILLAGE, to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the VILLAGE will pay to the STATE in a lump sum from any funds allotted to the VILLAGE, an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to said STATE the remainder of the obligation in a lump sum, upon completion of the project, based on final costs. BE IT FURTHER RESOLVED, that the VILLAGE agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient, to cover said cost. STATE OF ILLINOIS ) COUNTY OF COOK ) Clerk in and for the Village of ELK GROVE VILLAGE hereby certify the foregoing to be a true perfect and complete copy of the resolution adopted by the Village Board at a meeting on , 2020 A.D. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this day of , 2020 A.D. Clerk (SEAL)