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R-05-97 Authorizing Adoption Of Local Agency Agreement With The Illinois Department Of Transportation For Installation of Traffic Signal Priority Ore-Emption (Opticom) Improvement At Two IntersectionsRESOLUTION 1 `% 2 RESOLUTION AUTHORIZING ADOPTION OF LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL PRIORITY PRE- EMPTION (OPTICOM) IMPROVEMENT AT TWO INTERSECTIONS. WHEREAS, the Illinois Department of Transportation has committed federal resources for the installation of traffic signal priority pre - emption (Opticom) improvement at two (2) intersections in the Village of Lemont: Archer Avenue & Derby Road and McCarthy Road & Derby Road; and WHEREAS, this improvement will greatly benefit the residents of the Village of Lemont by providing for more efficient flow of traffic and immediate intersection access for official vehicles during emergency situations. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached Local Agency Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS on this 24th day of February , 1997 Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 24th day of February , 1997 Attest: CHARLENE SMOLLEN, Village Clerk ASNESKI, Village President r AGREEMENT THIS AGREEMENT entered into this 24th day of February A.D., 1997 , by and between the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter called the STATE, and the Village of Lemont, County of Cook, 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 the intersection of IL 171 @ McCarthy Road (123rd Street) by modifying the traffic control signals, and by installing span wire traffic control signals at the intersections of IL 171 @ Derby Road and at McCarthy Road @ Derby Road (to be known as State Section 3114TS -1 and as VILLAGE Section 97- 000- 26- 00 -TL), installing a fiber optic communication network, emergency vehicle pre - emption equipment, restriping IL 171 to provide left turn lanes, and by performing all other work necessary to complete the improvement in accordance with the plans and specifications; and, WHEREAS, the VILLAGE is desirous of said improvement in that same will be of immediate benefit to the VILLAGE, and permanent in nature; and, WHEREAS, the intersections of IL 171 @ Derby Road, IL 171 @ McCarthy Road and Derby Road @ McCarthy Road lie within the corporate limits of the VILLAGE. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to prepare plans and specifications, receive bids, award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract. The STATE also agrees to pay all construction and engineering costs subject to reimbursement by the VILLAGE as hereinafter stipulated. 2. The VILLAGE agrees to approve the plans and specifications by letter or resolution prior to the STATE advertising for the work to be performed hereunder. 3. It is mutually agreed that the proportional participation for the construction costs and engineering costs of this improvement shall be as follows: -2- Span Wire Traffic Signals @ FEDERAL FUNDS STATE FUNDS VILLAGE FUNDS IL 171 @ McCarthy Road 90% 10% 0% IL 171 @ Derby Road 90% 5% 5% McCarthy Road @ Derby Road 90% 6.67% 3.33% Fiber Optic -Com -Net 90% 7.3% 2.7% Emergency Pre - Emption 0% 0% 100% Thermoplastic Pave. Marking 90% 10% 0% IL 171 @ Derby Road 4. It is mutually agreed that the estimated construction costs and engineering costs of this improvement are divided as follows: INTERSECTION FEDERAL FUNDS STATE FUNDS VILLAGE FUNDS TOTAL Span Wire Traffic Signals @ IL 171 @ McCarthy Road $ 10,858.50 $1,206.50 0 $ 12,065.00 Engineering (15 %) $ 1,628.78 $ 180.97 0 $ 1,809.75 IL 171 @ Derby Road $ 22,500.00 $1,250.00 $1,250.00 $25,000.00 Engineering (15 %) $ 3,375.00 $ 187.50 $ 187.50 $ 3,750.00 McCarthy Road @ Derby Road $ 22,500.00 $1,667.00 $ 833.00 $ 25,000.00 Engineering (15 %) $ 3,375.00 $ 250.05 $ 124.95 $ 3,750.00 Fiber Optic -Com -Net IL 171, Derby & McCarthy Road $ 31,500.00 $2,555.00 $ 945.00 $ 35,000.00 Engineering (15 %) $ 4,725.00 $ 383.25 $ 141.75 $ 5,250.00 Emergency Pre - emption IL 171 @ Derby Road & McCarthy @ Derby Road 0 0 $12,000.00 $12,000.00 Engineering (15 %) 0 0 $1,800.00 $1,800.00 Thermoplastic Pavement Mrkg $6,300.00 $700.00 0 $7,000.00 Engineering (15 %) $945.00 $105.00 0 $1,050.00 TOTAL $107,707.28 $8,485.27 $17,282.20 $133,474.75 -3- 5. It is mutually agreed that the VILLAGE will reimburse the STATE in an amount equal to the VILLAGE'S share of the actual cost as determined in accordance with Item #3 above. It is mutually agreed that upon award of the contract for this improvement, the VILLAGE will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the VILLAGE, under the Motor Fuel Tax Law, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including any non - participating costs for FA projects) in a lump sum, upon completion of the project based upon final costs. 6. The VILLAGE 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 "A" and made a part hereof. 7. Upon acceptance by the STATE of the installation and modification of the new traffic signals and coordination equipment, the financial responsibility for maintenance and electrical energy for the operation of the signals and fiber -optic communication network equipment shall be proportioned as follows: It is agreed that actual signal and fiber optic communication network equipment maintenance will be performed by the STATE, either with its own forces or through an ongoing contractual agreement and that the signals shall be maintained to at least Level of Maintenance II. Maintenance Electrical Energy Traffic Signals @ IL 171 @ Derby Road 50% STATE 50% VILLAGE 100% VILLAGE McCarthy Rd @ Derby Road 66 -2/3% STATE 33 -1/3% VILLAGE 100% VILLAGE IL 171 @ McCarthy Road 100% STATE 0% VILLAGE 100% VILLAGE Fiber - Optic -Com -Net IL 171 @ McCarthy Road & IL 171 @ Derby Road & McCarthy Rd @ Derby Rd 73% STATE 27% VILLAGE See Above It is agreed that actual signal and fiber optic communication network equipment maintenance will be performed by the STATE, either with its own forces or through an ongoing contractual agreement and that the signals shall be maintained to at least Level of Maintenance II. -4- It is further agreed that upon acceptance by the STATE of the new traffic signal installations included herein, the responsibility for maintenance and energy outlined above shall become a part of the Master Agreement executed by the STATE and the VILLAGE of Lemont on May 7, 1982 and Amendments. 8. The STATE retains the right to control the sequence of timing of the traffic signals. It is mutually agreed that the financial responsibility for the maintenance of the emergency vehicle pre - emption equipment shall be borne entirely by the VILLAGE. 9. The STATE'S electrical maintenance contractor shall maintain the emergency vehicle pre- emption equipment located at the traffic signals installation to be maintained by the STATE . The STATE'S Electrical Maintenance Contractor shall invoice the VILLAGE for the maintenance costs related to the maintenance of the Emergency Vehicle Pre - emption equipment. The VILLAGE shall maintain the emitters and associated appurtenances at its own expense. The emitters shall be maintained and tested by the VILLAGE in accordance with the recommendations of the manufacturer. 10. If, in the future, the Department of Transportation 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 hereby agrees to be financially responsible for all costs to relocate or reconstruct the emergency vehicle pre - emption equipment in conjunction with the Department's proposed project. The VILLAGE has adopted and will put into effect, prior to advertising for the work to be performed hereunder, an ordinance requiring that parking be prohibited adjacent to this improvement on the approaches lying within the corporate limits of the VILLAGE, a copy of which is attached hereto as Exhibit "B" or immediately adjacent to this improvement as may be determined to be necessary by the STATE from traffic capacity studies. 11. The VILLAGE agrees to exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 12. This agreement and the covenants contained herein shall become null and void in the event the contract covering the construction work completed herein is not awarded by July, 1999. -5- 13. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Seal Date: 2/24/97 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: District Engineer Date: PLAN APPROVAL WHEREAS, in order to facilitate the improvement at the intersection of IL 171 @ McCarthy Road, IL 171 @ Derby Road and McCarthy Road @ Derby Road the VILLAGE hereby approves the plans and specifications for the proposed traffic signal work. Date: 2/24/97 SEAL EXHIBIT A WHEREAS, the VILLAGE has entered into an Agreement with the State of Illinois for the modification and installation of traffic control signals at the intersections of IL 171 @ McCarthy Road, IL 171 @ Derby Road, and McCarthy Road @ Derby Road respectively, and a Fiber Optic Communication Network, known as STATE Section 3114 TS -1 and as VILLAGE Section 97- 000 -26- 00-TL; and, WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the VILLAGE to appropriate sufficient Motor Fuel Tax Funds to pay its share of the cost of the said traffic signal installations. NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of $17,282.20 (SEVENTEEN THOUSAND -TWO HUNDRED EIGHTY -TWO AND 20/100 DOLLARS) or so much thereof as may be necessary, from any money now or hereinafter allotted to the VILLAGE under provisions of the Motor Fuel Tax Law, to pay for its share of the cost of this improvement as provided in this Agreement; and, BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the VILLAGE will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the VILLAGE, under the Motor Fuel Tax Law, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including any non - participating costs for FA projects) in a lump sum, upon completion of the project based upon final costs; and, BE IT FURTHER RESOLVED, that the VILLAGE agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. Passed this 24rh day of Feb_ ,19_92, AYES 5 NAYS 0 STATE OF ILLINOIS ) VILLAGE OF LEMONT )SS COUNTY OF Cook, Will & DuPage ) ABSENT 1 I, eAGiQ( S Ind /76dd Clerk in and for the VILLAGE OF LEMONT, hereby certify the, foregoing to be a true, perfect, and complete copy of a resolution adopted by the Village Council at a meeting on February 24 A.D., 1997 APPROVED IN TESTIMONY WHEREOF, I have hereunto set my ha • and seal this 24th of February A.D., 1997 ILLINOIS DEPARTMENT OF TRANSPORTATION Date: District Engineer SEAL s: \wp \programs \operatns\hb726f.doc