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Resolution 2002-09 1 C, - AGREEMENT This agreement, entered into by and between the State of Illinois, through its Department of Transportation, hereinafter called the STATE, and the city of Yorkville of Kendall County, Illinois, hereinafter called the CITY. WHEREAS, to facilitate the free flow of traffic and ensure safety to the motoring public, the STATE and CITY are desirous cooperating toward the installation of traffic signals at the intersection of U.S. Route 34 and Game Farm Road, located entirely within the CITY (see location map attached hereto as Exhibit #1). The proposed project, herein identified under U.S. Route 34 (FAP 591), State Section 13 TS, City MFT Section 02-00028-00-TL, also consists of combination roadway lighting and applying appropriate pavement markings at the said intersection and interconnect with Center Parkway. WHEREAS, the CITY is to assume the role of lead agency for the said project, implementing the described work via a CITY let contract. WHEREAS, the STATE has expressed its willingness to reimburse the CITY for 93.4 percent of the final construction cost of conventional traffic signals and related pavement markings at the Game Farm Road intersection and interconnect with Center Parkway. WHEREAS, the CITY has expressed its willingness to assume 6.6 percent of the final construction cost of conventional traffic signals and related pavement markings at Game Farm Road and interconnect with Center Parkway. All preliminary and construction engineering and any additional items beyond the said traffic signals, pavement markings, and interconnect with Center Parkway will be at 100 percent CITY cost (i.e., roadway, lighting, preemption emergency vehicle actuators, special landscaping, etc.). WHEREAS, the CITY is desirous of the said improvement in that same will be of immediate benefit to CITY residents and permanent in nature; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The CITY 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 CITY agrees to pay all construction and engineering costs subject to reimbursement by the STATE as hereinafter stipulated. TOTAL STATE CITY Traffic Signals $80,000 $74,720 $5,280 (93.4%) (6.6%) Traffic Control, Sodding, and Pavement Markings $15,000 $14,010 $990 (93.4%) (6.6%) Interconnect With Center Parkway (Controller, Cabinet, $40,000 $37,360 $2,640 Fiber Optic, Conuit, Etc.) (93.4%) (6.6%) Combination Roadway Lighting (Including Cables, $5,000 $0 $5,000 Conduit, Controller & Luminaires) (100%) Subtotal $140,000 $126,090 $13,910 1 TOTAL STATE CITY Engineering $43;516 $0 $43,516 (100%) Total $183,516 $126,090 $57,425 3. The CITY's and the STATE's participation shall be predicated on the percentages shown above for the specified work. The CITY's and STATE's cost shall be determined by multiplying the final quantities times contract prices. 4. The CITY has passed two resolutions appropriating a total of $58,189 to fund its share of cost for the subject project. A copy of the resolutions are attached hereto as Exhibits #2 and 2A and made a part hereof. 5. The.CITY agrees to provide, the STATE with final plans and specifications for STATE review and approval prior to advertising for bids to be performed hereunder. 6. The CITY agrees to provide the STATE the opportunity to examine and concur with the low bidder prior to award of contract. 7. Upon award of a contract for the improvement and fully execution of this agreement, the STATE will pay the CITY 90 percent of the STATE's share for traffic signal and pavement marking work incurred under this agreement. The STATE will pay the CITY the remainder of its obligated share of construction costs, in a lump sum, upon completion of the project based on the final bid unit prices and quantities of the awarded contract. The CITY's billing to the STATE must contain sufficient cost information and include evidence of payment to the contractor by the CITY. 8. At the time this agreement was executed, there were funds available for the project, however, obligations assumed by the STATE under this agreement shall cease immediately, without penalty or payment, should the Illinois General Assembly or the Federal Highway Administration fail to appropriate or otherwise make available funds for the project. 9. The CITY has included this project in its 2002 budget and the CITY certifies its FEIN number to be 36-6006169. 10. The CITY subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The CITY shall carry out applicable requirements of 49 CFR part 26 in the award and administration of STATE assisted contracts. Failure by CITY to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the STATE deems appropriate. 11. The CITY shall exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 12. The CITY agrees to cause its utilities, located on right of way acquired by the STATE or installed within the limits of a roadway after the STATE assumed maintenance of the highway, to be relocated and/or adjusted at no expense to the STATE. 13. Upon final field inspection of the highway improvement and as long as U.S. Route 34 is used as a state highway, the STATE agrees to maintain or cause to maintain the highway's �_.. two through lanes and left turn lane, and roadway shoulders and ditches, located within the state right of way. 2 14. Upon final field 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 sidewalks, parkways, guardrails, crosswalk and stop line markings, the CITY owned utilities including appurtenances thereto, highway lighting including furnishing the electrical energy therefore and shall maintain the storm sewers and appurtenances by performing those functions necessary to keep the sewer in a serviceable condition, including cleaning sewer lines, inlets, manholes and catch basins along with the repair or replacement of inlet, manhole and catch basin frames, grates or lids. 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. 15. Upon acceptance by the STATE and CITY's of installation of permanent traffic signals at the intersection of U.S. Route 34 and Game Farm Road, the financial responsibility for maintenance and electrical energy of the said signals shall be proportioned as follows: LEVEL OF ELECTRICAL INTERSECTION MAINTENANCE MAINTENANCE ENERGY Traffic Signals: 1 State —67% State — 67% U.S. Route 34 @ City— 33% City— 33%" Game Farm Road Roadway Lighting State — 0% State — 0% City— 100% City— 100% It is mutually agreed that the actual signal maintenance will be performed by the CITY either with its own forces or through an ongoing contractual agreement. It is further agreed that the signals shall be maintained at least to Level of Maintenance I, which is specified in the attached Exhibit 6 and made a part hereof. Payment for Energy Costs. The STATE will reimburse the CITY for 100 percent of the STATE's proportionate share of the energy charges beginning July 1, 2002. 16. It is mutually agreed the responsibility for maintenance, level of maintenance, and energy outlined above shall become a part of the intergovernmental agreement for local agency maintenance of traffic control devices executed by the STATE and the CITY on July 6, 2001. 17. The CITY agrees to make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals. The STATE agrees to pay their proportionate share of this cost as billed by the local power company. 18. The STATE reserves the right to control the sequence and timing of the traffic signals installed. 19. The CITY agrees to invite a STATE representative to accompany the CITY personnel during field inspection of the permanent traffic signal installation. 20. The CITY shall maintain, for a minimum of five years after the completion of the described improvement, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this agreement. All books, records, and supporting documents related to the project shall be available for review and audit by the Auditor General and other state auditors and the CITY �. agrees to cooperate fully with any audit conducted by the Auditor General and other state auditors and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents, required by this paragraph, shall establish a 3 presumption in favor of the STATE for the recovery of any funds paid by the STATE under this agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 21. The CITY will continue its enforcement of Ordinance 1986-12 regulating parking along U.S. Route 34. A copy of this ordinance is attached as Exhibit No. 3 and made a part hereof. 22. The CITY will continue its enforcement of Ordinance 1986-13 regulating encroachments within the limits of the improvement; a copy of which is attached as Exhibit No. 4 and made a part hereof. Such disposition of encroachment shall be cooperatively determined by representatives of the CITY and the STATE. 23. The CITY will continue to enforce Ordinance No. 94-4 it had adopted relative to prohibiting the connection of sanitary or waste sewers to storm sewer drainage systems. A copy of this ordinance is attached as Exhibit No. 5 and made a part hereof. 24. 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 July 1, 2004. 25. This agreement shall be binding upon and inure to the benefit of the parties, their successors, and assigns. Executed on Behalf of the STATE OF ILLINOIS, Executed on Behalf of the DEPARTMENT OF TRANSPORTATION CITY OF YORKVILLE, ILLINOIS Director of Highways Mayor of Yorkville Date Date ATTEST Ci erk (SEAL) I 4 m . EX11fBIT #1 no e GREEK E LE krNG CtPG� TU^ n O Z '1 9 9 - 1 KEt1NED f�'O4C C N40 Ct 4 ST "4W UEq", O 14 \ � n O ^' � 2 2 ? IIIC lc phv � U j • CP � t U �t-0 L n; rKly� C IT. y`v p P 4 J< r a Q a rA^591 -- °' 111E CC"ESt I C� AvE Q f O � N c CEISU"E 5* TRAFFIC SIGNALS PROPOSED FOR US ROUTE 34 81. GAME --- UNINC FARM ROAD INTERSECTION "EAS"hE sl AT ¢ GEOhc;E.�NN4 SI - 6 w UNINC. WAINUI St N _ W F. > JACV,SOr1 Sr Z 2 APPLE thEF. W YORKVILEE NIC11 SCI/00L EA N a CITY W Of-FICES PARK a ST i o c EEMW000 ; CCMCTCRY I- St i K ~ SOMnU 1 1' t, IT F-1 r•.r—. Lc—: 6r;c CIT`r OF 'YORKVILLD22 NO.745 P.4.-16 ���soL.u—tlut.� o7c�oa _oa EXHIBIT #2 Construction Resolution for Improvement by Municipality Under the Illinois Highway Code RF. IT RFROT.VRT).by the rity r'n,mril nfrhe Council or President and Board ofTtustees Ilnitrri CiTV of Yorkville- City,Town or VWLge ill inrnR that the followine described street(s)be improved under the Illinois I-Iiehwav Code: Name of Thorough a Route From To Veterans Parkwav TIS Route 34 At(lame Farm Road 1. That the mmnowA imnrnvement shall cnnaist of T)PCirm PnOinAerinor of ITA{'it si"1114 and r lW1 he constnicted N/A wide and he desianated ac Rectinn n,)_nnn7R-nn_'T'T_ 2. That rhere in herehv annrnnriated the(additinnall Sum of Twentv_nnP thn„caIItL2P hinidrod and einhTV-nine and nn 11 nn T)nllara( V*71 1 RO nn 1 for the `Arrinrnvement of said sactinn form the municinalitv's allotment of Mntnr Fuel Tax funds :l. Thar work Ahal l he done by rnntract :and. Specify Cottvnct or Day Labor BE IT FURTHER RESOLVED,that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Deparanent of Transportation. BE IT FURTHER RESOLVED, APPROVED T. (';tv Clark in and fur the Vnitrri f:ity of y„'kyill OZ City.Town or Villsgc C:nunty of KPndall herehv certifv the n�M foreaninv to he a tnie.nerfect and cmmnlete cnnv of a resnhltinn Adonted by the r'ity rntmcil Council or President and Board afTTUSteee Department of Transportation at a meeting on March 12,2002 rutr. TN TRSTTMOW WHRRF.()F. I have hereunto,cet my hand and teal thic V�- day of Mr --o A.0. —Z002 1 noinrrT ta• • c I(, A 11.) ' f C';tv Clerk =i „G r,:.`.q1 r Town or Malaga fl- � t r cri, TA aoc)a-©q Construction Illinois Department Resolution for Improvement by p Municipality Under the Illinois of Transportation Highway Code EXHIBIT #2A '--6E IT RESOLVED, by the Mayor and City Council of the Council or President and Board of Trustees city of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To U.S. 34 Intersection With Game Farm Rd. I BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Installation of traffic signals, interconnect with Center Parkway and combination roadway lighting at the intersection of U.S. Route 34 and Game Farm Road. and shall be constructed wide and be designated as Section 02-00028-00-TL That there is hereby appropriated the (additional )(Yes L] No)sum of Thirty-Seven Thousand Dollars ( $37,000.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED I, Jackie Milschewski Clerk in and for the city of Yorkville r f City,Town or Village County of Kendall, Illinois hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on C-ca� a� a0oa Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this C day of istod Engineer (SEAL) Clerk City,Town or Village BLR 4103(Rev. 11/00) ORDINANCE NO. 1 W6 c� EXHIBIT #3 REGULATING PARKING ON U.S. ROUTE 34- WHEREAS, the CITY OF YORKVILLE has entered into an agreement with the STATE OF �.. ILLINOIS for the improvement of U.S. Route 34 (FAP 591 ), State Section 13R-1 and 13BR-1 , from +230 feet west of Illinois Route 47 and extending westward to a point +725 feet west of Cannonball -Trail Road, a distance of 5,100 feet (0.98 miTe-s). NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY OF YORKVILLE, Kendall County, Illinois: That in order to promote the health, safety and welfare of its citizens, parking will be prohibited on both sides of U.S. Route 34 from Ill . Route 47 to the west corporate limits of Yorkville; and The Yorkville City Council will enact further ordinances requiring parking restrictions at locations immediately adjacent to the improvement as may be determined to be necessary by the STATE from traffic capacity studies, when • construction on the above described STATE and CITY section has been completed and is functional . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed and adopted by the City Council of the CITY OF YORKVILLE, Kendall County, Illinois this 11th day of September 1986. Mayor September 11 1986 ATTEST: n�'�•��� Q_02 eq- i ty Clerk September 11 1986 '� 18 EXHIb1 1' 44 ORDINANCE NO. An ordinance regulating encroachment on public right of way in the CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS. WHEREAS, the City of Yorkville, hereinafter known as the CITY and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the STATE, have entered into an agreement relative to the improvement of U.S. Route 34 (FAP Rte. 591 ), State Section 13 R-1 and 13 BR-1 , City Section 85-00010-00-TL, from +230 feet west of Illinois Route 47 and extending westward to a point +375 feet west of Cannonball Trail Road, and H.B. Route 57, known as Game Farm Road, 'from its intersection with U.S. Route 34 on the north and extending southward +2000- feet. WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroachments on the right of—way for said improvement in accordance with the following definitions: Roadway Right of Way is defined as those areas existing or acquired by edication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; Project Right of Way is defined as those areas within the project right of way Tines established jointly by the CITY, STATE and the Federal Highway Administration which will be free of encroachments except as hereinafter defined; �.. Encroachment is defined as any building, fence, sign or any other structure or object o -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 the roadway right of way where no project right of way line has been established. Permissible Encroachment is defined as any existing awning, marquee, advertising sign 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 lane and which does not impair the free and safe flow of traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs support from poles constructed outside the project right of way line and not confined by adjacent buildings; Constructicr. Easement Area is defined as area lying between the project right of way limits and the platted street limits within which the CITY , by concurrence in the establishment of the project right of way lines, will permit the STATE to enter to perform all necessary construction operations; and WHEREAS, representatives of the CITY and the STATE have cooperatively established project right of way lines and have mutually determined the disposition of encroachments. NOW, THEREFORE, BE IT ORDAINED by the CITY OF YORKVILLE, Kendall County, Illinois: 19 r uyc c. v I IL Section 1 : It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any ENCROACHMENT (herein above defined), within the limits of 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 of er ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3: Any rson, firm or corporation violating this ordinance s a e e n t less than T ($� nor more than ,V� ($ o each o ense, and a separate offense shall e deemed comi—mmi—t-t-e-a for each and every day during which a violation continues or exists. Section 4: This ordinance shall be published wi th in y days after its passage in a newspaper having a general circu ation in THE CITY OF YORKVILLE, Illinois and shall be in full force and effect after its passage, publication and approval as provided by law. Passed and adopted by the City Council of THE CITY OF YORKVILLE, Kendall County, Illinois, this 11th day of She t�, A.D. , 1986. Deposited in the City Clerk's officc-t-e 11th day of September A.D. , 1986. Mayon b� CM4 qhlll-� ATTEST: Qqc� City Werk �,,, 20 • THE CITY OF YORKYII,LE WILL CONTINUE ITS ENFORCEMENT OF ORDINANCE 94_4 PROHIBITING CONNECTION OF SANITARY SEWER AND WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS EXHIBIT #5 AN ORDINANCE `� ` T PROHIBITING THE CONNECTION OF SANITARY SEWAGE AND INDUSTRIAL WASTE- WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS BE IT ORDAINED, by the city of Yorkville, Kendall County, Illinois: Section 1 . It shall be unlawful for any -person, firm or corporation, or institution, public or private, 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, to any open ditch, drain, or drainage structure installed solely for street or highway drainage purposes in the city of Yorkville. Section 2. This ordinance is intended to and shall be in addition to all other ordinances. State statutes, rules and regulations concerning pollution and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict herewith. Section 3. Any person, firm, qr c p�rtiDollarsa(s ozihis�rdinanor shall be n�� I}at,/ ess than t, more thane ttcw�,✓/ 1 Dollars ($SnD•-D ) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. APPROVED: V STATE OF ILLINOIS ) CITY OF YORKVILLE ) COUNTY OF KENDALL ) PASSED: " �d — 9/ I. ��ACl1�1Q , ,)Q A�-�-+ So� Ma.-�,`, " • y City Clerk in and for the city of SIG14ED: Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of an Ordinance adopted by the Yorkvill City Council t is meeting on 1994. M�rck o (SEAL) City Clerk . EXHIBIT #6 TRAFFIC SIGNAL MAINTENANCE PROVISIONS A. GENERAL PROVISIONS 1. CABINET PACK Wiring diagrams, phase diagrams, and manuals that are required to be in each traffic signal controller cabinet at the time of construction completion shall remain in the cabinet. Written documentation of all traffic signal timing changes shall be provided in the cabinet. All entries shall be written in a clear and concise manner. The agent of the maintaining agency making any entries shall provide his signature and date of entry. These shall be kept in the cabinet to assist the DEPARTMENT on emergency call outs. 2. HARDWARE SPECIFICATIONS All equipment and material used shall comply with the requirements of the DEPARTMENT's Standard Specifications for Road and Bridge Construction. Failure to meet the DEPARTMENT's specifications shall be justification for permanent removal of the non-compliant equipment by the DEPARTMENT, with the cost of removal to be the responsibility of the LOCAL AGENCY. Any costs incurred as a result of exceeding the DEPARTMENT's specifications for installing new equipment or painting new or used equipment; for example, installing decorative style poles, posts, or mast arm assemblies, will be the sole responsibility of the LOCAL AGENCY. 3. HIGHWAY LIGHTING For maintenance involving combination traffic signal and lighting unit mast arm assemblies and �-' poles, the foundation, traffic signal mast arm assembly, pole and all signal cable shall be considered part of the traffic signal system. The lighting arm, luminaire and all lighting cable shall be part of the highway lighting system. The highway lighting system components of each combination mast arm assembly and pole shall be tested for proper operation and physical condition during the intersection cabinet inspection, or at least every six months. All cost of inspecting and maintaining the highway lighting system equipment, is the responsibility of the LOCAL AGENCY. In addition to regular inspection and maintenance, all cost of repairing or replacing damaged or missing highway lighting system equipment is the responsibility of the LOCAL AGENCY. 4. EMERGENCY VEHICLE PREEMPTION SYSTEM Test Emergency Vehicle Preemption System (EVPS) equipment for proper operation and physical condition during the intersection cabinet inspection, or at least every six months. All program settings and each sequence of operation must be verified to be correct during each inspection. All cost of inspection and maintaining the EVPS equipment, including the light detectors, light detector amplifiers, radio transmitters and receivers, antennas, confirmation lights, and cables and related components, is the responsibility of the local fire district or LOCAL AGENCY. In addition to regular inspection and maintenance, all cost of repairing or replacing damaged or missing EVPS equipment is the responsibility of the local fire district or LOCAL AGENCY. U 5. RAILROAD PREEMPTION At all locations with railroad/traffic signal interconnects, respond to any and all emergency all red flash alarms in a timely manner and notify the Illinois Commerce Commission and the DEPARTMENT of the malfunction. None of the traffic signal railroad preempt parameters including but not limited to the phase timings, phase sequences and pedestrian and vehicular clearance intervals can be modified without prior approval from the DEPARTMENT and the Illinois Commerce Commission. Maintain unique spare controller data modules or sets of data chips containing the final railroad preemption parameters for each location. Cooperate in any inspection as deemed necessary by the DEPARTMENT or the Illinois Commerce Commission. The DEPARTMENT shall provide contact.personnel available at all times to who railroad preemption malfunctions must be reported. 6. DAMAGE REPAIRS Repair or replace any and all equipment damaged by any cause whatsoever. 7. ACCIDENT DAMAGE Be responsible to make recovery for damage to any part of the installation or system from the party causing the damage. �. Whenever third party claims cannot be recovered, the DEPARTMENT shall share in the loss. 8. TEMPORARY TRAFFIC CONTROL Provide temporary traffic control during a period of equipment failure or for when the controller must be disconnected. This may be accomplished through the installation of a spare controller, placing the intersection on flash, manually operating the controller, manually directing traffic through the use of proper authorities, or installing temporary stop signs which will be removed once the signal is in working condition. 9. EMERGENCY PERSONNEL Provide skilled maintenance personnel who will be available to respond without delay to emergency calls. This may be provided by agency forces, contract, or maintenance agreement. Controller failure, lights out, knockdowns, or two (2) red lights out at intersection are*considered emergencies. Provide the DEPARTMENT the names, addresses and telephone numbers of at least two persons, who will be available for emergency repair of the traffic signals and keep the DEPARTMENT informed of any changes of same. 10. L.E.D. SIGNAL HEADS Maintain all light emitting diodes (L.E.D.) signal heads according to instructions provided by each head's manufacturer and vendor so as to prolong their life and assure compliance under any warranties. 2