R-01-13 Approving Local Agency Agrmt w/ IDOT- Walker/McCarthy Rd Improv ProjVILLAGE OF LEMONT
RESOLUTION NO. R- I -13
A RESOLUTION APPROVING LOCAL AGENCY AGREEMENT WITH IDOT FOR
WALKER / McCARTHY ROAD IMPROVEMENTS PROJECT
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 14' DAY OF JANUARY, 2013
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 14'h day of January, 2013
RESOLUTION NO. R -_I_-13
A RESOLUTION APPROVING LOCAL AGENCY AGREEMENT WITH IDOT FOR
WALKER / McCARTHY ROAD IMPROVEMENTS PROJECT
Whereas, the State of Illinois acting by and through its Department of Transportation, is desirous
of improving the McCarthy Road between Barton Drive and West of Derby Road in the Village of
Lemont; and,
Whereas, the Village of Lemont desires to enter into an Local Agency Agreement for
participation on the project with IDOT; and,
Wheareas, the Village Board has authorized the Village President to sign the Local Agency
Agreement with IDOT; and,
Now, Therefore, be it Resolved, by the President and Board of Trustees that the agreement
attached is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF ELMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, ON THE
14Th DAY OF JANUARY, 2013.
PRESIDENT AND VILLAGE BOARD MEMBERS:
Rick Sniegowski
Jeanette Virgilio
0
BRIAN K. REAVES
President
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer
Paul Chialdikas
✓
Clifford Miklos
_V
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
0
BRIAN K. REAVES
President
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
FAP Route 1587
McCarthy Road
State Section: 3093 -R
County: Cook
Agreement No.: JN- 113 -019
Job No.: C-91-023-11
Contract No.: 60L79
AGREEMENT
This Agreement entered into this 141" day of January, 2013 A.D., by and
between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION, hereinafter called the STATE, and the VILLAGE OF
LEMONT of the State of Illinois, hereinafter called the VILLAGE.
WITNESSETH:
WHEREAS, the STATE in order to facilitate the free flow of traffic and insure
safety to the motoring public, is desirous of improving FAP Route 1587,
(McCarthy Road) STATE Section: 3098 -R, State job Number: C -91- 402 -97 and
C- 91- 218 -01, State Contract Number: 60L79 by widening McCarthy Road at
Walker Road, providing one -12 foot wide through and right turn lane in each
direction for all four lanes approaches of the intersection. The bicycle path on
the north side of McCarthy Road will keep the existing 5 foot sidewalks and will
add a 5 foot shelf along the side of the existing sidewalks to accommodate a
future bicycle path southwest leg of Walker Road and northeast leg of Walker
Road at approximately Sta. 43 + 81 due to lack of proposed right of way
constructing curb and gutter cleaning the storm sewer system for highway
drainage 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 bicycle path, 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.
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 further 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 has adopted and will put into effect an appropriate ordinance,
prior to the STATE's advertising for the proposed work to be performed
hereunder, or shall continue to enforce an existing ordinance, requiring that
parking be prohibited within the limits of this improvement, a copy of which is
attached hereto as "Exhibit C ", and will in the future prohibit parking at such
locations on or immediately adjacent to this improvement as may be
determined necessary by the STATE from traffic capacity studies.
7. The VILLAGE has adopted and will put into effect an appropriate ordinance,
prior to the STATE'S advertising for the proposed work to be performed
hereunder, or shall continue to enforce an existing ordinance, prohibiting the
discharge of sanitary sewage and industrial waste water into any storm
sewers constructed as a part of this improvement, a copy of which is attached
hereto as "Exhibit D ".
8. Prior to the STATE advertising for the work proposed hereunder, the
disposition of encroachments will be cooperatively resolved with
representatives from the VILLAGE, and the STATE.
9. The VILLAGE has adopted and will put into effect an appropriate ordinance,
prior to the STATE's advertising for the proposed work to be performed
hereunder, or shall continue to enforce an existing ordinance, relative to the
disposition of encroachments and prohibiting in the future, any new
encroachments within the limits of the improvements, a copy of which is
attached as "Exhibit E ".
10.The VILLAGE has adopted a resolution, will send a letter, or sign the Plan
Approval page which is park of this document, prior to the STATE advertising
for the work to be performed hereunder, approving the plans and
specifications as prepared.
11.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 McCarthy Road without the consent of the STATE.
12.The VILLAGE shall exercise its franchise rights to cause private
utilities to be relocated, if required, at no expense to the STATE.
13.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.
14.AII VILLAGE owned utilities, on STATE right of way within the limits of this
improvement, which are to be 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).
15.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.
16.Upon final field inspection of the improvement and so long as McCarthy
Road at Walker Road is used as a STATE Highway, the STATE agrees to
maintain or cause to be maintained the median, the through traffic lanes
lying on either side of the centerline, the left -turn turn lanes and right turn
lanes, each lane being 12 feet, and variable in width and the curb and
gutter stabilized shoulders and ditches adjacent to those traffic lanes and
turn lanes and the curb and gutter or stabilized shoulder and ditches
adjacent to those traffic lanes and turn lanes to be maintained by the
STATE.
17.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 sidewalks, parkways,
guardrails, crosswalk and stopline markings, VILLAGE owned utilities
including appurtenances thereto, 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.
18.The VILLAGE agrees to assume responsibility for the reconstruction and
maintenance of the bicycle path located at McCarthy Road at Walker Road, in
its entirety. The VILLAGE agrees to indemnify and hold the STATE and its
employees harmless from all claims for death, injuries and damages to
persons or property relating to the use, maintenance or reconstruction of the
bike /pedestrian accommodation.
if in the Future , the STATE adopts a roadway or traffic signal improvement on
the bicycle path ,which requires modification, relocation or reconstruction to
said bicycle path then the VILLAGE hereby agrees to be financially
responsible for its proportionate share of cost to modify, relocate or
reconstruct said in conjunction with the STATE's proposed improvement.
19.Upon acceptance by the STATE of the new traffic signal installations,
the financial responsibility for maintenance and electrical energy for the
operation of the traffic signals shall be proportioned as follows:
Intersection
McCarthy Road
@ Walker Road
STATE Share
VILLAGE Share
Maintenance Elect.
Energv
(75)% (75)%
(25)% (25)%
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. It is further agreed that all cost for
maintenance of the "Emergency Vehicle Pre - Emption System"
equipment shall be the VILLAGE's.
20. 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 on July 1, 2011
21.The STATE's Electrical Maintenance Contractor shall maintain the
"Emergency Vehicle Pre - Emption System" equipment, located at the
traffic signal modernization 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 System" 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.
22.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 signal and all costs to relocate
or reconstruct the emergency vehicle pre - emption equipment in
conjunction with the STATE's proposed improvement.
23.It is mutually agreed that the STATE's Electrical Maintenance
Contractor will send to the VILLAGE an itemized invoice covering
the actual cost for the maintenance of the "Emergency Vehicle Pre -
Emption System" equipment during the preceding period. Upon
receipt of said invoice, the VILLAGE agrees to pay the STATE's
Electrical Maintenance Contractor the amount of the invoice by
certified check.
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:
rAl
(SEAL)
VILLAGE O EMON
(Signature)
By: Brian K. Reaves
(Print or Type)
Title: Village President
Date: January 14, 2013
STATE OF ILLINOIS
DEPARTMENT OF
TRANSPORTATION
By: . ,�--
J hn Fortmann, P.E.
Acting Deputy Director of Highways
Region One Engineer
Date: JAVU,4ky 2`f ZZ)/3
John No.: C -91- 012 -11
Agreement No.: JN- 113 -019
S: \WP \Projsupp\AGMATS \60'.79 McCarthy at Walker Lemont \Contract 60L79 Lemont
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement of FAP Route 1587 known as
McCarthy Road, State Section: 3098, -R, 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 improves
Title Brian K. Reaves, Village President
Date: January 14, 2013
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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 provides to be insufficient, to cover said cost.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF ELMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, ON THE
14" DAY OF JANUARY, 2013.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer
Paul Chialdikas ✓
Clifford Miklos
Ron Stapleton_
Rick Sniegowski ✓
Jeanette Virgilio V
ATTEST:
&iL
CHARUNE M. SMO— L EPG
Village Clerk
BRIAN K. REAVES
President