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Resolution 1995-02 t f: RESOLUTION NO.: 95 RESOLUTION AUTHORIZING THE MAYOR OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE TO ENTER INTO A LOCAL AGENCY JOINT AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION WHEREAS, the Mayor and the City Council of the United City of the Village of Yorkville deem it to be in the best interest of the City and the Community to enter into a Local Agency Joint Agreement with the Illinois Department of Transportation for certain improvements on Illinois State Route 47; and WHEREAS, the Mayor and the City Council of the United City of the Village of Yorkville have carefully considered said Agreement, and deem it to be acceptable to the City; THEREFORE BE IT RESOLVED by the United City of the Village of Yorkville: 1. The City authorizes the Mayor to enter into a Local Agency Joint Agreement for certain improvements to Illinois Route 47 and pproves said Local Agency Joint Agreement. PASSED AND APPROVED thisf�� day of 1995. MA OR ATTEST: CITIY CLERK MFT Section Ng.09T5—U0014—UU—TL Vol ���InOLS L�P� 9rtment State: of Trans. .tatior Local Agenc Cit t Yorkville, IL Local Agency Job No. C- Joint Agreement County Kendall Agreement No.: J- 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. W!TNESSETH 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: Illinois 47 (FAP 326 ) LA Street Name: Bridge Street Termini: From Washington St Northerly +2 .04 Kilometer ( ±0 .25 Mi . ) to Van Emmons St. 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, re- ceive bids and award the contract,furnish engineering inspection during construction and cause the improve- ment 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 II 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 spe- cifications 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. 7. 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. BD 2173 a� CO U Q CL o CD 9. Upon final field inspection of the improvement to maintain or cause to be maintained those por- Q Z ¢ 0) tions of the improvement which are not maintained by the State including: 7 ❑ ❑ 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 ❑ ❑ ❑ (1) Applicable when storm sewer system constructed for State highway drainage only: to perform those functions necessary to keep the sewer in a servicable 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 plus structural failures to a maximum length of 12 feet between adjacent manholes. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the aforedescribed responsibilities shall be that of the State. ❑ ❑ ❑ (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 servicable 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 plus structural failures to a maximum length of 12 feet between adjacent manholes. 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 mutally 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 , 19 ❑ ❑ ❑ 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 succes- sors and assigns. Article IV Map, Exhibits A-D and Attached hereto and made apart hereof are Attachments 2 Ordinances 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 d o 19 ?Y/ Executed on behalf of the State this $' da f 19- By Title _Mayor DISTRICT ENGINEER Attest �-�..���-�C.lt°�°" Ci y Clerk BD 2173A 2 � Y Q • U w 3 : •ELMWPOD 0 J y CEMETERY ST I--SOMONAU ti F- ti SPRING N H N Sr SPRING CENTER 3 F- ti rn y ST } H H I 7 ;PARK ` ¢ O O W. MAIN N WS T". E. MAIN p ft Z U W z — S T 3 m Y D 0 _D 0 -i RIVER z ST m U w U W � J y a�--- FAX.,........... HYDRAULIC AVE E- VAN EMMON 1- 280 MADISON < 24 EXT ST Q ST , ?* C RT 2E 1 RIOGE Q vi , HOU CH 24 CITY tx I � VAN ' H Sr HALL E• RID GE ST JEFFERSON CH 1 ST 1 ST EXT �*1 [B FOx TERMINI OF N G PROJECT \ WASHINGT ON / 0* \�.I DN cI Q p50 OR Q W J N 5 ❑ ST (/ 2 I� DOL PH ST I' W DOLPH ST In �? 47 w � OLSEN ST z SEE Q ST Q WALTER ST 9lAINE S-r FW- Z rj y .7 m 126 �3i J j I rq ? l I � ELIZARETH ST 32 33 — —' S 4 PKWY y UNINC. COLONIAL I w ' � \ W ST BEAVER / H H O ! N N LOCATI.ON MAP w ILLINOIS ROUTE 47 (FAP 326) ° o STATE SECTION 109 1 m WOLFST MFT SECT. 95-00014-00-TL KENDALL COUNTY INSTALLATION O TRAFFI C 0495 EXHIBIT A DESCRIPTION OF IMPROVEMENT The subject project, identified as Illinois Route 47 (FAP 326), State Section 1091, MFT Section 95-00014-00-TL, begins at Washington Street and extends northerly ±0.4 kilometer ( ±0.25 mile) to Van Emmons Street and will include the following work: A. From Washington Street northerly ± 146 meters ( ±480') to Fox Street, widen the existing 7.3 meter ( ±24') wide pavement to an ± 11 .5 meter (38') wide curb and gutter pavement section and overlay the pavement with ±60 millimeters ( ±2 1/2") of bituminous concrete. B. From Fox Street northerly ±260 meters ( ±850') to Van Emmons Street, overlay the entire 15 meter (48') wide pavement with ±57 millimeter ( ±2 1/4") of bituminous concrete. C. At the Fox Street intersection, increase turning radii, construct curb and gutter on all four quadrants, provide ±3.6 meter (12') wide left turn lanes on the north and south legs of the intersection and install traffic signals. D. At the Washington Street intersection, increase turning radii on all four quadrants. E. Apply pavement makings to delineate a three lane pavement section between Van Emmons and Fox Street consisting of two through traffic lanes and a bidirectional turn lane, all measuring ±3.6 meters (12') in width. An exclusive left turn lane ±3.6 meters (12') in width will be retained on the south leg of the Route 47/Van Emmons intersection. A two lane pavement section will be provided between Fox and Washington Streets consisting of two ±3.6 meter (12') wide through traffic lanes separated by a 3.6 meter (12') and variable wide striped median. F. Perform all other work necessary to complete the work in accordance with approved plans and specifications. 0495 EXHIBIT B is mutually agreed by and between the parties hereto that an estimated cost and cost distribution for the improvement of Illinois Route 47 (Bridge Street) from Washington Street northerly ±0.4 kilometer ( ±0.25 mile) to Van Emmons Street identified as State Section 1091, MFT Section 95-00014-00-TL, be as follows: TOTAL FEDERAL STATE CITY Road Construction $180,000 $162,000 $18,000 $0 (90%) (10%) Traffic Signals $80,000 $72,000 $4,000 $4,000 (90%) (5%) (5%) Subtotal $260,000 $234,000 $22,000 $4,000 Engineering (15%) $39,000 $35,100 $3,300 $600 Land Acquisition $10,000 $0 $10,000 $0 Totals $309,000 $269,100 $35,300 $4,600* SAY $5,000 * The CITY's share of cost for traffic signal installation will not exceed 125 percent of the $4,000 stated above plus 15 percent engineering. 0495 EXHIBIT C RESOLUTION NO. APPROPRIATION OF FUNDS WHEREAS, the city of Yorkville of 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 a 0.4 kilometer (0.25 mile) within the CITY's corporate limits; identified under State Section 1091 and MFT Section 95-00014-00-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 installing traffic signals as provided in the agreement. NOW, THEREFORE, BE IT RESOLVED that there is appropriated the sum of Five Thousand Dollars ($5,000) 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 sidewalk, as provided in the agreement, and BE IT FURTHER RESOLVED that upon award of the contract for this improvement, the CITY will pay the Department of Transportation of the state of Illinois in a lump sum from any funds allotted to the CITY under the Motor Fuel Tax Laws, an amount equal to 95 percent of its obligation incurred under the said Agreement and will pay to the said Department the remainder of its obligation in a lump sum, upon completion of the project, based upon final bid unit prices. ie CITY's actual monetary reimbursement obligation to the STATE will be based on final bid ,jnit prices of the awarded contract. 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. APPROVED: STATE OF ILLINOIS ) ) SS STATE OF ILLINOIS CITY 1Y R VILLE ) DEPARTMENT OF TRANSPORTATION or of Y r 'Ile I, City Clerk, in and fort a city of Yorkville hereby certify the District Engineer foregoing to be a true, perfect, and complete copy of the ,1994 resolution adopted by the City Council t a meeting on / S a, a3 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this �-3/1" day of �J S 4y, 1 e //Ci 0495 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 Illinois Route 47 and Fox Street in Yorkville, Illinois, the financial responsibility for maintenance and electrical energy of the said signals shall be proportioned as follows: LEVEL OF ELECTRICAL INTERSECTION MAINTENANCE MAINTENANCE ENERGY Illinois 47 l (Bridge St. at Fox Street) State Share 50% 0% City Share 50% 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 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 pat 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. EXHIBIT D-1 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, 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. B. 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 for 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. 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. 2348d ' AN ORDINANCE R `� 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, r c p ration violating this rdinance shall ben t ess than - �' Dollars ($ a-S� � ), nor more than kl-f Dollars ($S D,-DO ) for each offense, and a separate offense shall 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: �d � 9/ I, FAC-h)o 1A Mar ity 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 Yorkvill City Council t is meeting on 1994. March o (SEAL) City Clerk'