Loading...
Resolution 2001-11 Section No.: 01-00024-00-TL UT Illinois Departmer,.f State: (108N)RS-1.(13C&12)RS-4.TS&I of Transportation Local Agency Local Agency: City of Yorkville o l — I l Job No. C-93-096-00 Joint Agreement County Kendall Agreement No.: J-N 301019 This AGREEMENT entered into by and between the State of Illinois, acting by and through its Department of Transportation Hereinafter called the State, and the city of Yorkville of the State of Illinois, hereinafter called the LA. WITNESSETH Whereas, the State, in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of making the improvements described in Exhibit A attached hereto and made a part hereof and further identified as follows: and Route: U.S. 34 (FAP 591) LA Street Name: Termini: From Orchard Rd (CH 91/FAU 3792)westerly 3.53 miles to a point 870'east of IL 47 (Includes the intersection improvement of U.S. 34 and McHugh Street.) Whereas, the LA is desirous of said improvements in that same will be of immediate benefit to the LA residents and permanent in nature; Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Article I The State Agrees: 1. To make the surveys, obtain all necessary right-of-way, (if required), 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. To pay all right of way (if applicable), construction and engineering costs, including the cost of any Railroad adjustments, subject to reimbursement by the LA as hereinafter stipulated. The State will negotiate with the Railroad(s)for any required adjustments. 3. Upon final field inspection of the improvement and so long as the route is used as a State Highway, to maintain or cause to be maintained,the median, the through traffic lanes, left and right turn lanes and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes. Article 11 The LA Agrees: 1.To reimburse the State for its share of construction, engineering and/or right-of-way costs as determined in Exhibit B attached hereto and made a part hereof and in the manner described in Exhibit C. 2. To pass a resolution appropriating sufficient funds to pay its share of the cost of this improvement a copy of which is attached hereto as Exhibit C and made a part hereof and will pass a supplemental resolution if the original amount appropriated is insufficient to cover their final costs. 3. To adopt, prior to the State advertising for bids, or continue to enforce an ordinance requiring parking within the designated parking lanes be parallel to the curbs and prohibited at all other locations within the limits of the improvement, a copy of which is attached hereto and will in the future, prohibit parking at such locations on or immediately adjacent to the improvement as may be determined necessary by the State from traffic capacity studies. 4. To adopt, prior to the State advertising for bids, or continue to enforce an ordinance relative to the disposition of encroachments and prohibiting in the future any new encroachments within the limits of the improvement, a copy of which is attached hereto. The disposition of encroachments will be cooperatively determined with LA and State representatives. 5. To provide prior to the State advertising for the work to be performed hereunder approval of the plans and specifications as prepared, by resolution or letter. To prohibit driveway entrance openings to be made in the curb, as constructed, without the written consent of the State. '—f- To exercise its franchise right to cause private utilities to be relocated at no expense to the State. 8. To cause LA owned utilities located on right of way acquired by the State or installed within the limits of a roadway after the said roadway was taken over for maintenance by the State, to be relocated and/or adjusted at no expense to the State. Z ea d t Q d ea cc CL w a = a CL o 9. Upon final field inspection of the improvement to maintain or cause to be maintained those portions Z a rn of the improvement which are not maintained by the State including: ❑ ❑ A. Parking lanes and the curb and gutter adjacent thereto ❑ ❑ ❑ B. Highway lighting system including furnishing the electrical energy therefore C. Storm Sewers and Appurtenances ❑ ❑ E] (1) Applicable when storm sewer system constructed for State highway drainage only: to perform 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 basins'frames, grates or lids. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the afore described responsibilities shall be that of the State. ❑ ❑ ❑ (2) Applicable when storm sewer system constructed as a joint LA and State use facility: to perform 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, manholes and catch basins'frames, grates or lids. The LA and State shall share the cost of maintenance, except as aforedescribed, repair and/or reconstruction of the joint use sewer(s)to the same proportioning as the sewers initial construction costs were proportioned. ❑ ❑ ❑ D. Sidewalks, parkways, guardrails, crosswalk and stopline markings and LA owned utilities including the appurtenances thereto. ❑ ❑ 10. To adopt, prior to the State advertising for bids, or continue to enforce an ordinance prohibiting the discharge of sanitary sewers and industrial waste into any storm sewer or drainage facility constructed as a part of this improvement, a copy of which is attached hereto. Article III It is mutually agreed: 1. Traffic signal maintenance and the electrical energy therefore shall: ❑ ❑ ❑ A. Continue to be as outlined in the Master Agreement executed by The State and LA on July 16 1980 ❑ ❑ ❑ B. Be proportioned between the parties hereto in accordance with Exhibit D attached hereto and made a part hereof. 2. This Agreement and the covenants contained herein shall be null and void in the event a contract covering the construction work contemplated herein is not awarded within three years subsequent to execution of the Agreement. 3. This Agreement shall be binding upon and to the benefit of the parties hereto their successors and assigns. Article IV Attached hereto and made a part hereof are Attachments which either amend the aforesaid covenants and/or supplement the terms of this Agreement. Executed on behalf of the LA State of Illinois, Department of Transportation this day of Executed on behalf of the State By this 22 nd day of February 2001 Title Mayor of Yorkv-i" '�F_, strict Engineer Attest City C erx--;�, .t: l �►°' 31 � `30 30 .• 30 .25 Grp 471 d b e .� 60512 r' 31 I' Qek X� r_ .47. 34 B25 Ist01 1 - ? � eg 71 `1� - "Cre PROJECT ENDS 47 ~oxR` r ` ,el 71 ountryside Center i _ r 34 - 34 t f 0�o t PROJECT BEGINS - "-- i 1 I � i 1 , 47 126 1 i i ,I 126 t- L 1998 DcLormc S ccrAtias'IJ57� ~' EXHIBIT A DESCRIPTION OF IMPROVEMENT The subject project, identified as U.S. Route 34 (FAP 591), State Section (108N)RS-1, (13C & 12)RS-4, TS&I, City Section 01-00024-00-TL, begins at Orchard Road (County Highway 9A/FAU 3792) and extends westerly 3.53 miles to a point 870 feet east of Illinois Route 47; of which a 0.38 mile segment lies within the city of Yorkville. The project includes the following work:: A. Milling & Resurfacing of U.S. Route 34 Mill 3/4' of existing pavement surface of U.S. Route 34 prior to resurfacing with 2.25" of bituminous concrete, and provide 4' wide aggregate shoulders. B. Relocation of the U.S. Route 34 and McHugh Road Intersection Realign the south leg of McHugh Road approximately 450' to the west causing McHugh Road to intersect U.S. Route 34 at a 90 degree angle. Approximately 350' of newly aligned pavement of McHugh Road will be constructed. The newly constructed curb and gutter pavement section shall consist of 8" of granular subbase, an additional 7" of bituminous base course, 1-1/2" of bituminous concrete binder and 1-1/2" of bituminous concrete surface course. Pavement width will be 40' face to face of curb. At its intersection with U.S. Route 34, McHugh Road will consist of four traffic lanes; one southbound 15 ' wide through traffic lane, and for northbound traffic one 12' wide left turn lane, one 15' wide through lane and one 12' wide right turn lane. The east and west legs of U.S. Route 34 will be widened to a 48'width to complement the relocated intersection. The west leg will consist of one 12' wide westbound through lane, and for eastbound traffic one left turn lane, one through lane and one right turn lane all 12' in width. The east leg will consist of one through lane for eastbound traffic and one through lane, one right turn lane and one left turn lane, all 12' in width. Four foot wide bituminous shoulders will also be provided. A short pavement section will be constructed to accommodate a north leg of a local street planned by the city. This stubbed pavement will extend north to the north radius return of U.S. Route 34. Being 40' in width face to face of curb, the stubbed pavement will properly match the city's planned roadway to provide one 13' wide northbound through lane and for southbound traffic one 12' wide left turn lane and one 13' wide combination right/through lane. The north leg of the local street is to be constructed by the city of Yorkville under its own separate contract. C. Removal of Abandoned McHugh Road Pavement: Approximately 500' of abandoned pavement of McHugh Road will be removed in its entirety and will be seeded accordingly. D. Traffic Signal and Combination Roadway Lighting Installation: Traffic signals with combination roadway lighting will be constructed at the newly located U.S. Route 34 and McHugh Road intersection. And other work necessary to complete the project will be performed in accordance with approved plans and specifications. 1 EXHIBIT B DIVISION OF COSTS It is mutually agreed by and between the parties hereto that an estimated cost and cost distribution for the improvement of U.S. Route 34 (FAP 591) from Orchard Road easterly 3.53 miles to just east of Illinois Route 47, identified as State Section (108N)RS-1, (13C & 12)RS-4, TS&I, and City MFT Section 01-00024-00-TL be as follows: TOTAL FEDERAL STATE CITY Mainline U.S. 34 Road $640,000 $512,000 $128,000 $0 Construction (80%) (20%) Construction of U.S. 34 & $220,000 $176,000 $44,000 $0 McHugh Intersection (Including (80%) (20%) Realignment of South Leg) Traffic Signals: U.S. 34 @ $180,000 $144,000 $18,000 $18,000* McHugh Road (80%( (10%) (10%) Combination Roadway Lighting: $8,000 $0 $0 $8,000 U.S. 34 @ McHugh Road (100%) Subtotal $1,048,000 $832,000 $190,000 $26,000 Engineering (15%) $157,200 $124,800 $28,500 $3,900 Land Acquisition $150,000 $0 $150,000 $0 (100%) Totals $1,355,200 $956,800 $368,500 $29,900 SAY $30,000 * The CITY's share of cost for permanent traffic signals will not exceed 125 percent of the $18,000 stated above plus 15 percent for engineering. 2 EXHIBIT C RESOLUTION NO. � APPROPRIATION OF FUNDS FOR INSTALLATION OF TRAFFIC SIGNALS AND ROADWAY LIGHTING AT THE RELOCATED U.S. ROUTE 34 AND MCHUGH ROAD INTERSECTION WHEREAS, the city of Yorkville Kendall County, Illinois, hereinafter called the CITY, has entered into an agreement with the state of Illinois through its Department of Transportation, hereinafter called the STATE, of which the said parties are to participate in sharing certain costs for improving 0.38 mile of Illinois Route 47 (FAP 591)within the CITY's corporate limits; identified under State Section (108N)RS-1, (13C & 12)RS-4 TS&I, City MFT Section 01-00024-00-TL. WHEREAS, in compliance with the aforementioned agreement, it is necessary for the CITY to appropriate MOTOR FUEL TAX FUNDS and/or OTHER FUNDS to pay its reimbursement to the STATE for the engineering and construction costs of the said traffic signals and roadway lighting. NOW, THEREFORE, BE IT RESOLVED that there is appropriated the sum of THIRTY THOUSAND DOLLARS ($30,000) or so much thereof as may be necessary, from money now and hereinafter allotted to the CITY under the provisions of the MOTOR FUEL TAX LAW, to pay its share of engineering and construction costs of traffic signals and roadway lighting, as provided in the agreement, and Upon receipt of the first and subsequent progress payments made to the contractor, the CITY will pay to the Illinois Department of Transportation of the state of Illinois, to and from funds allotted to the CITY, an amount equal to the CITY's share of$30,000 divided by the estimated construction costs, $1,048,000, multiplied by the actual progress payment made to the contractor until the entire obligation incurred under the Agreement has been paid, based upon final bid unit prices. BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide additional funds if the amount appropriated herein proves to be insufficient to cover its share of the costs. Passed and approved by the City Council of Yorkville, Kendall County, Illinois, this. "`,' " day of 2001. APPROVED: STATE OF ILLINOIS ) F CITY OF YORKVILLE Arthur Prochaska, ayor I, Deborah Simmons, City Clerk, in and for the city of Yorkville, hereby certify the foregoing to be a true, perfect, and complete copy of the resolution adopted by the Yorkville City Council at a meeting on 01 , 2001. STATE OF ILLINOIS IN TESTIMONY WHEREOF, I have hereunto set DEPARTMENT OF TRANSPORTATION my hand and seal this I day of 2Q.Q1 District Engineer City Clerk , 2001 EXHIBIT D TRAFFIC SIGNAL MAINTENANCE AND ENERGY COST DISTRIBUTION Upon acceptance by the STATE of installation of traffic signals and highway lighting at the intersection of U.S. Route 34 and McHugh Road in Yorkville, Illinois, the financial responsibility for maintenance and electrical energy of the said signals and roadway lighting shall be proportioned as follows: INTERSECTION LEVEL OF MAINTENANCE MAINTENANCE ELECTRICAL ENERGY Traffic Signals: U.S. 34 @ I McHugh Road State Share 50% 0% City Share 50% 100% Combination Roadway I Lighting: U.S. 34 @ McHugh Road State Share 0% 0% City Share 100% 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 will be maintained to at least the levels of maintenance shown above and specified in the attached Exhibit D-1 made a part hereof. Upon acceptance by the STATE of the new traffic signal installation(s) included herein, the responsibility for maintenance and energy outlined above shall become a part to the Master Agreement executed by the STATE and CITY on July 16, 1980. The STATE retains the right to control the sequence and timing of the traffic control signals installed at the said intersection. i EXHIBIT D-1 PAGE 1 OF 2 TRAFFIC SIGNAL MAINTENANCE PROVISIONS LEVEL I The maintaining agency agrees to: 1. Patrol the traffic control signal system on a regular basis and replace burned out lamps or damaged sockets as may be required. All lamps should be replaced as frequently as experience proves necessary to prevent undue failures. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing. lamp. 2. Keep signal heads properly adjusted, controller cabinets, signal posts, and controller pedestals tight on their foundations and in alignment. 3. Keep detector equipment in proper working order. 4. Check the controllers, relays, and detectors at frequent intervals to ascertain that they are functioning properly and make all necessary repairs and replacement. 5. Keep interior of controller cabinet in a neat condition at all times. 6. Remove and clean and overhaul the controllers (except solid-state) relays, special auxiliary control equipment, and time clock once a year or more often if necessary. When solid-state controllers malfunction, they shall be removed, repaired, and bench checked. Solid-state controllers shall not be removed for annual maintenance inspections. 1. Replace burned out fuses. 8. Clean reflectors, lenses, and lamps once every six (6) months. 9. Repaint all signal components exposed to weather on a regular basis. 10. Repair or replace any and all equipment damaged by any cause whatsoever. 11. Be responsible to make recovery for damage to any part of the installation or systems from the party causing ,the damage. 12. Provide alternate traffic control during a period of failure or when the controller must be disconnected. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. L. EXHIBIT D-1 PAGE 2 OF 2 13. 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 (Z) red lights out at an intersection are considered emergencies. 14. 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. ti ORDINANCE NO. a dot- �3 REGULATING PARKING ON U.S. ROUTE 34 WITHIN YORKVILLE WHEREAS, the city of Yorkville of Kendall County, Illinois has entered into an agreement with the State of Illinois for the improvement of U.S. Route 34 (FAP 591), Section (108N)RS-1, (13C & 12)RS-4, TS&I, MFT Section 01-00024-00-TL, extending from Yorkville's east corporate limits westerly to Illinois Route 47. NOW, THEREFORE, BE IT ORDAINED by the city of Yorkville of Kendall County, Illinois. SECTION 1: That in order to provide the health, safety, and welfare of its citizens, parking will be prohibited on both sides of U.S. Route 34 from Yorkville's east to its west corporate limits. SECTION 2: Any person, firm, or corporation violating the provisions of this ordinance shall be fined not less than $ 25.00 nor more than $500.00 for each offense. SECTION 3: The CITY 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 results of traffic capacity studies when construction of the above described state section has been completed and the highway has resumed normal operations. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this day of 2001. AYES NAYES c� ABSTAIN APPROVED: Arthur Prochaska, Mayor Deborah Simmonsr Cat�r'(alecc r e ~' Page 1 of 2 ORDINANCE NO. o I-i y AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF YORKVILLE OF 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, Division of Highways, hereinafter known as the STATE, have entered into an agreement relative to the improvement of U.S. Route 34 (FAP 591), State Section (108N)RS-1, (13C & 12)RS-4, TS&I, City MFT Section 01-00024-00-TL. The said project extends from the CITY's east corporate limits westerly to Illinois Route 47. 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 definition: 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; Project Right of Way is defined as those within the project right of way lines 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 (excluding certain signs located over sidewalks), or any other 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 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 line and which does not impair the free and safe flow of pedestrian traffic and 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. Construction 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: 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 :nded to and shall be in addition to a', her ordinances, rules, and regulations concerning encro hments and shall not be construed as- .pealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3: Any person, firm, or corporation violating this ordinance shall be fined not less than twenty-five and 00/100-------------------- Dollars ($25. 00 ) nor more than five hundred and 00/100-------- Dollars ($500. 00 )for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 4: This ordinance shall be published one time within ten days after its passage in a newspaper having a general circulation in Yorkville, Illinois, and shall be in full force and effect after its passage, publication, and approval as provided by law. PASSED AND APPROVED THIS 114`1 DAY OF A , 2001. AYES 1 NAYES 0 ABSTAIN p APPROVED: Arthur Prochaska, Mayor ATTEST: Deborah Simmons, City Clerk J THE CI JF YORKVILLE WILL CONTINUE ITS FORCEMENT OF ORDINANCE 944 PROHDh-ANG CONNECTION OF SANITARY SEW-..,AND WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS AN ORDINANCE q T PROHIBITING THE CONNECTION OF SANITARY SEWAGE AND INDUSTRIAL WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS BE IT ORDAINED, by the city of Yorkville, Kendall County, Illinois: Seclion 1 . It shall be unlawful for any person, firm or corporation, or institution, public or private, to connect or cause to be connected, any drain carrying, or to carry, any toilet, sink, basement, septic tank, cesspool , industrial waste or any fixture or device discharging polluting substances, to any open ditch, drain, or drainage structure installed solely for street or highway drainage purposes in the city of Yorkville. Section 2. This ordinance is intended to and shall be in addition to all other ordinances. State statutes, rules and regulations concerning pollution and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict herewith. Section 3. Any person, firm, r c p ation violating this rdinance �-' shall begin t ess than � - - Dollars ($ a5� D� ), nor more thar�i Dollars (� Q, ) for each offense, and a separate offense s 11. be deemed committed for each and every day during which a violation continues or exists. APPROVED: STATE OF ILLINOIS ) CITY OF YORKVILLE ) COUNTY OF KENDALL ) PASSED: 13 - Id � 9/J I, -,IQJA A)P �. L-1-4 S0� Nlca City Clerk in and for the city of SIGNED: Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of an Ordinance adopted by the Yoricvill City Council t is meeting on 1994. MG rc�► o-0(SEAL) Ci fy Clerk EXHIBIT D-1 PAGE 1 OF 2 TRAFFIC SIGNAL MAINTENANCE PROVISIONS LEVEL I The maintaining agency agrees to: 1. Patrol the traffic control signal system on a regular basis and replace burned out lamps or damaged sockets as may be required. All lamps should be replaced as frequently as experience proves necessary to prevent undue failures. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing. iamp. 2. Keep signal heads properly adjusted, controller cabinets, signal posts, and controller pedestals tight on their foundations and in alignment. 3. Keep detector equipment in proper working order. 4. Check the controllers, relays, and detectors at frequent intervals to ascertain that they are functioning properly and make all necessary repairs and replacement. `-' 5. Keep interior of controller cabinet in a neat condition at all times. 6. Remove and clean and overhaul the controllers (except solid-state) relays, special auxiliary control equipment, and time clock once a year or more often if necessary. When solid-state controllers malfunction, they shall be removed, repaired, and bench checked. Solid-state controllers shall not be removed for annual maintenance inspections. 7. Replace burned out fuses. 8. Clean reflectors, lenses, and lamps once every six (6) months. 9. Repaint all signal components exposed to weather on a regular basis. 10. Repair or replace any and all equipment damaged by any cause whatsoever. 1T. Be responsible to make recovery for damage to any part of the installation or systems from the party causing the damage. 12. Provide alternate traffic control during a period of failure or when the controller must be disconnected. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. EXHIBIT D-1 PAGE 2 OF 2 13. 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 an intersection are considered emergencies. 14. 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. u