HomeMy WebLinkAbout1998-06-23 98-494 JOINT AGREEMENT WITH IDOT WAR MEMORIAL DRIVE AND IL ROUTE 91yK- V94
Illinois Department of Transportation
2300 South Dirksen Parkway / Springfield, Illinois / 62764
August 11, 1998
SUBJECT: PRELIMINARY ENGINEERING
Joint City - State Agreement
FAU Routes 6670 & 6675 Peoria
(U.S. 150 & Illinois 91)
Section (R, 1 16,72-7)R-1 TS
Job No. C-94-102-96
Peoria County
Mrs. Mary L. Haynes
City Clerk
City Hall
Peoria, Illinois
Dear Mrs. Haynes:
The Joint Agreement providing for the improvement of this section has been
executed by this department.
I am sending you an original counterpart of the executed Agreement.
Very truly yours,
Che athey, P.E.
Chief of Preliminary Engineering
FILE NO. 98-494
CERTIFIED
Illinois Department of Transportation
Division of Highways / District 4
401 Main Street / Peoria, Illinois / 61602-1111
July 29, 1998
PROJECT SUPPORT
JOINT AGREEMENT
FAU Routes 6670 & 6675 (US 150 & IL 91)
Section (R,116,2,72-7)R-1TS
Peoria County
Agreement No. JN-498-403
Job No. C-94-102-96
Catalog No. 031447-00
Mr. Stephen N. VanWinkle
Director of Public Works
City of Peoria
419 Fulton
Peoria, IL 61602
Dear Mr. VanWinkle:
US 150 between IL 6 and
Orange Prairie Rd.
The Joint Agreement for the above captioned project is in Springfield being
executed by the Director of Highways. During this process it was discovered
that a contingency clause for the appropriation of funds was missing in this
Agreement. State law now requires this clause in all Agreements involving
ongoing projects on the state and local highway system.
Attached are three (3) copies of an addendum certification of the contingency
clause. Please have the City Manager sign and return two (2) copies. Without
this clause the State will not process the contract obligation document
necessary to obligate the funds for payment of the State's share of costs for
ongoing projects. The Joint Agreement will still get executed, but funding will
r*t be available until this clause is added.
If you have any questions, please contact our Agreements Unit at 671-3496.
Very truly yours,
D. E. Risinger
District Engineer
By: aX ,
A. C. Mills u'
Program Development Engineer
LW/frs/jt_let02
Attach.
cc: Studies & Plans
Programming
Agreements
FILE NO. 98-494
Addendum Certification
of the Contingency Clause
Pursuant to the Illinois Procurement Code, the undersigned certifies and accepts that the
following clause is effective for all ongoing projects on the state and local highway system with
the Department of Transportation, State of Illinois:
Obligations of the parties 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.
CITY OF PEORI
By: �-"L�L I 4'e-'&LZL
e QNK City Manager
Attest:
City Clerk
(SEAL)
Date
FAU Routes 6670 & 6675
(US Route 150 & Illinois Route 91)
Section (R, 1 16,2,72-7)R-1 TS
Peoria County
Job No. C-94-102-96
Catalog No. 031447-00
Agreement No. JN-498-403
(Galleria Mall)
AGREEMENT
This Agreement, entered into this AeX) day of A. D., 1998,
61
by and between the STATE OF ILLINOIS, acting by and through its
DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and
the CITY OF PEORIA, of the State of ILLINOIS, acting by and through its CITY
COUNCIL, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the CITY, to support development, is desirous of having new.
City streets constructed between ILLINOIS Route 6 and Orange Prairie Road
along US 150, and a new City street constructed off ILLINOIS 91; and
WHEREAS, the STATE, in order to facilitate the free flow of traffic and
ensure safety to the motoring public, requires the improvement of
approximately 2,300 meters (7,546') of US Route 150 from near Frostwood
Parkway to near Orange Prairie Road, approximately 1,240 meters (4,068 ')
of ILLINOIS Route 91, and the US Route 150/ILLINOIS Route 6 interchange as
specified in the approved Design Report including the following:
A. Widen, coldmill, patch, and resurface War Memorial Drive (US 150)
to provide a six -lane divided urban roadway (3 through lanes in
each direction) from Orange Prairie Road to east of Chesire Drive,
all 3.6 meters (12') in width with a 10.36 meter (34') median; and
patch, mill, and resurface the existing lanes from east of Chesire
Drive to east of Pear Tree lane.
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Page 3 ,
G. Minor geometric improvements, widening, patching and resurfacing
of Ramps A, B, C, and D.
H. Widen, patch, and overlay the existing structure carrying US 150
over illinois 6 to accommodate six lanes (3 each direction) with a
10.36m (34') median.
I. Install new traffic signal systems at the following locations:
A. US 150/Orange Prairie Road
B. US 150/River Mall Drive
C. US 150/I1- 91/Summershade Circle
D. US 150/Ramps A & B
E. US 150/Ramps C & D
F. IL 91/South Mall Access
G. US 150/Frostwood Parkway
J. Construct a multi -use bicycle and pedestrian accommodation path
along the south side of US 150 from Orange Prairie to Frostwood
Parkway, including a structure over illinois 6 and Ramp E, and
required retaining walls at the following locations:
A. Rt. Sta. 0+190± to 0+270+
(Ramp E)
B. Rt. Sta. 0+228± to 0+240+
(Ramp E)
C. Rt. Sta. 34+450± to 34+580+
(US 150)
D. Rt. Sta. 34+770± to 34+880±
(US 150)
K. Construct a sight screen and plant trees along US Route 150
adjacent to the Lynnhurst Subdivision.
L. Perform all other work necessary to complete the improvement
in accordance with the approved plans and specifications; and
WHEREAS, both parties to this Agreement are desirous of said improvement
in that same will be of immediate benefit to local residents and permanent in
nature;
} ]I
•c Page 4 .0
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:
1. The CITY agrees to make, or cause to be made, the surveys, obtain all
necessary rights -of -way and access control rights, cause the preparation
of the plans and specifications, receive bids and award the contract with
the concurrence of the STATE, and pay all construction, engineering,
right-of-way and access control costs subject to reimbursement by the
STATE as hereinafter stipulated.
2. The STATE agrees to approve award of the contract (if found to be
satisfactory), furnish engineering inspection during construction, cause
the improvement to be built in accordance with the approved plans,
specifications and contract, and to reimburse the CITY for the STATE's
portion of construction, and preliminary engineering costs as hereinafter
stipulated.
3. Upon completion of the improvement and so long as US Route 150 (War
Memorial Drive), illinois Route 91, and illinois Route 6 are used as State
highways, the STATE agrees to maintain, or cause to be maintained, the
median, the through traffic lanes, the left and right turn lanes, ramps, the
curb and gutter or stabilized shoulders and ditches adjacent to those
lanes, the retaining wall between Ramp E and the US Route 150 through
traffic lanes described in Paragraph F, and the interchange lighting system
including furnishing the electrical energy.
4. Upon completion of the improvement, the CITY agrees to maintain all
those portions of the improvement which are not maintained by the
STATE including highway lighting system along US 150 and IL 91
Page 5
including furnishing the electrical energy thereto, sidewalks, parkways,
guardrails associated with the multi -use bicycle and pedestrian
accommodation path, crosswalk and stopline markings, CITY -owned
utilities including appurtenances thereto, and shall maintain the storm
sewer 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 and grates or lids plus structural
failures to a maximum length of 3.6 meters (12') between adjacent
manholes. The maintenance, repair and/or reconstruction of storm sewer
systems constructed as part of this improvement beyond the aforedescribed
responsibilities shall be that of the STATE. Additionally, the CITY shall
have jurisdiction of, the new/reconstructed City street connections up to the
outside through edge of pavement of the appropriate State route, and shall
maintain, or cause to be maintained, the sight screen and the sight screen
and plantings along US 150 adjacent to the Lynnhurst Subdivision. The
CITY further agrees to assume responsibility for the administration, control,
reconstruction and maintenance of the multi -use bicycle and pedestrian
accommodation path and the structure carrying it over illinois 6 and Ramp E
in its entirety including the retaining walls described in Paragraph J. The
CITY agrees to indemnify and hold the STATE and its employees harmless
from all claims for injuries and damages to persons or property relating to
the use of, the maintenance of, or reconstruction of the multi -use bicycle
and pedestrian accommodation path, the structure, and retaining walls
described in Paragraph J.
5. It is mutually agreed by and between the parties hereto that the amount of
the STATE's cost of the improvement and cost proration is as detailed in
Page 6
Attachment 1, a copy of which is attached hereto and made a part hereof.
It is further agreed that Attachment 1 is based upon preliminary quantities
as estimated in the approved Design Report to expedite this Agreement.
6. The STATE agrees to pay to the CITY an amount equal to its obligation for
preliminary engineering services and construction costs incurred under this
Agreement for the subject improvement as follows:
A. Upon award and execution of the construction contract for the
project and subsequent invoicing by the CITY, an amount equal to
33-1/3% ($666,667) of the obligation.
B. Upon 50% completion of the construction work contemplated herein
and subsequent invoicing by the CITY, an amount equal to
33-1/3% ($666,667) of the STATE's obligation.
C. Upon 100% completion of the construction work contemplated
herein and subsequent invoicing by the CITY, an amount equal to
the STATE's remaining obligation ($666,666).
THE TOTAL COST TO THE STATE SHALL NOT EXCEED $ 2,000,000.
7. The STATE agrees to advance road funds to the CITY in the amount of
$2,000,000 (two million dollars) for eligible MFT purposes upon execution
of this agreement. This advance shall be repaid by the CITY from the
CITY's future monthly MFT allotments over a 36 month period in three
annual lum sum installments of $666,667, $666,667, and $666,666. These
installations shall be due and payable on the first, second, and third
anniversary dates of the execution of this agreement.
8. The CITY has adopted and will put into effect, or continue to enforce, prior
to advertising for the work to be performed hereunder, an ordinance
requiring that parking be prohibited within the limits of this improvement,
and will in the future prohibit parking at such locations on or immediately
adjacent to this improvement as may be determined necessary from traffic
,.. Page 7
1
capacity studies, a copy of which is attached hereto as Exhibit A and is
made part hereof.
9. The CITY agrees to comply with all applicable Executive Orders and
Federal Highway Acts pursuant to the Equal Employment Opportunity and
non-discrimination regulations required by the illinois Department of
Transportation.
10. The CITY shall provide their formal written approval of the plans and
specifications as prepared to the STATE, and shall secure formal written
approval of the plans and specifications from the STATE, prior to
advertising for the work to be performed hereunder. The STATE shall
have a minimum 60 days for each review and comment/approval of both
the preliminary and final plans and specifications.
11. The STATE agrees to allow the CITY, subject to Federal Highway
Administration approval, to modify the existing access control limits on US
150 to facilitate the construction of the new proposed City street
to be known as River Mall Drive and the extension of Orange Prairie Road
(North).
12. The STATE agrees to issue the appropriate highway permit allowing the
proposed City street construction and commercial entrances after plan
approval has been granted and the Permitee meets any and all
prerequisites required by the STATE.
13. The CITY agrees to adopt, prior to 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 as Exhibit B and made
r
Page 8
a part hereof. The disposition of encroachments will be cooperatively
determined with representatives from the STATE and CITY.
14. The CITY has adopted and will put into effect, or continue to enforce, prior
to advertising for the work to be performed hereunder, an appropriate
ordinance prohibiting the discharge of sanitary sewage and industrial
waste water into any storm sewers constructed as part of this
improvement, a copy of which is attached hereto as Exhibit C and made a
part hereof.
15. The CITY shall maintain, for a minimum of 5 years after the completion of
the 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 improvement 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 books, records, and supporting
documents required by this paragraph shall establish a 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
documents are not available to support their purported disbursement.
16. Upon acceptance by the STATE of the new traffic signal installations
listed hereunder, the financial responsibility for maintenance and electrical
energy for the operation of the signals shall be as follows:
i s
Page 9
LEVEL OF MAINTENANCE - 1
Location
Maintenance
Energy
US 150/Orange Prairie
STATE
0%
STATE
0%
Road
CITY
100%
CITY
100%
US 150/River Mall Drive
STATE
0%
STATE
0%
CITY
100%
CITY
100%
US 150/Ramps A & B
STATE
100%
STATE
100%
CITY
0%
CITY
0%
US 150/Ramps C & D
STATE
100%
STATE
100%
CITY
0%
CITY
0%
IL 91/South Mall Access
STATE
0%
STATE
0%
CITY
100%
CITY
100%
US 150/Frostwood Parkway
STATE
67%
STATE
0%
CITY
33%
CITY
100%
US 150/I1- 91/Summershade
STATE
100%
STATE
0%
Circle
CITY
0%
CITY
100%
It is mutually agreed that the actual signal maintenance shall be performed by
the STATE either with its own forces or through an ongoing contractual
agreement.
It is further agreed that the signals shall be maintained to at least the Level of
Maintenance shown above and specified in Exhibit D attached hereto and
made a part hereof.
Upon acceptance by the STATE of the new traffic signal installations included
herein, the responsibility for maintenance and energy outlined above shall
become part of the Master Agreement executed by the STATE and the CITY
on September 15, 1980.
The STATE retains the right to control the sequence and timing of the traffic
signals.
t J
Page 10
The STATE agrees to make arrangements with the local power company to
furnish the electrical energy for the operation of the traffic signals. The CITY
agrees to pay their proportionate share of this cost as billed by the local power
company.
17. The CITY agrees to exercise its franchise right to cause private utilities
to be relocated, if required, at no expense to the STATE.
18. The CITY agrees to cause all CITY -owned utilities to be relocated and/or
adjusted, if required, at no expense to the STATE.
19. The CITY agrees to obtain and pay for the cost of acquiring the necessary
right of way and access control in accordance with the following
requirements:
A. Right of way along US Route 150 (War Memorial Drive), Illinois
Route 6, and Illinois Route 91 shall be acquired in the name of the
STATE on standard STATE forms which Will be provided for that
purpose in accordance with Land Acquisition Policies and
Procedures of the STATE.
B. No award of a contract shall be made to cover construction of the
improvement or any part thereof without there first having been
made a title approval:
1. By the Attorney General of Illinois on each individual parcel of
right of way, the consideration for which exceeds $ 10,000.
2. By the STATE on each parcel of right of way acquired for the
improvement where the consideration is $ 10,000 or less.
In the event acquisition of the right of way is by condemnation, such
action must be brought in the name of the STATE by the Attorney
� t
Page 11
General and a Special Assistant Attorney General appointed by the
Attorney General.
C. Cost of the right of way shall include the purchase price thereof as
well as the cost of negotiators, appraisals, title evidence, relocation
assistance and payments, property management and such legal
service as may be necessary to acquire said right of way. The
acquiring agency, if participating in the cost of the right of way shall
receive a credit for a proportionate amount of the proceeds of any
sale or rental of improvements acquired within the right of way or as
a direct result of the right of way acquisition.
D. All parties engaged in the acquisition of the right of way shall be
approved in advance by the STATE.
E. Appraisals shall be reviewed and a fair market value determination
approved by the STATE in advance of negotiations for the
purchase of said right of way.
F. Any phase of the STATE's Relocation Assistance Procedures to be
performed by any qualified agency other than the STATE shall be
covered by separate contractual agreement or agreements with
the agency and are subject to approval of the Division Administrator
of the Federal Highway Administration.
G. The STATE shall provide such guidance, assistance and
supervision and monitor and perform audits to the extent necessary
to assure compliance with the STATE's Land Acquisition Policies
and Procedures.
Page 12
The CITY further agrees to acquire in its name and at its own expense all
remaining rights of way necessary for this project in accordance with the
requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended. The requirements of
Title II and Title III shall be carried out in accordance with established State
Policies and Procedures, as now or hereafter revised or amended. Prior to
advertising for bids, the CITY shall certify to the STATE that all requirements of
Titles II and III of said Uniform Act have been complied with.
20. The CITY agrees, for a period often (10) years subsequent to the final
inspection of the improvement, to pay the cost of any future studies
and improvements, including the construction of additional traffic lanes
and/or channelization and/or the modernization of traffic signals,
necessary to restore the level of service on US Route 150, Illinois Route
91, and Illinois Route 6 Ramps within the limits of this improvement to the
same level of service that is stated in Attachment 2 for the year 2007 as
determined by the STATE utilizing policies and procedures in effect at the
time of the determination if the traffic movements which are shown in
Attachment 2 are exceeded. The CITY further agrees to inform the STATE
of any zoning change that could be expected to increase traffic volumes
on US 150, IL 91, and IL 6.
21. The CITY agrees to prohibit driveway entrance openings to be made in
the curb, as constructed, without the written consent of the STATE.
22. The CITY agrees should Galleria Drive be widened to four or more lanes
at its intersection with Illinois 91, the four lane section of Illinois 91 shall
be extended northerly past the intersection of Galleria/IL 91 in accordance
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Page 13
with current policies and procedures in effect at that time, and that said
extension shall be done at no cost to the STATE.
23. The CITY agrees should traffic signals become warranted and installed at
the intersection of Illinois 91/Galleria Drive and/or at the intersection of
Illinois 91/North Mall Access, the traffic signal installation(s) shall be done
at no cost to the STATE.
24. The CITY agrees should an east leg be desired and added at the IL 91/
North Mall Access intersection and/or the Illinois 91/Galleria Mall Drive
intersection, the four lane section of Illinois 91 shall be extended northerly
to accommodate all required turn lanes in accordance with all applicable
policies and procedures in effect at that time and that said extension shall
be done at no cost to the STATE.
25. The CITY agrees any change in access along US Route 150 or Illinois
Route 91 required by development and traffic generation OTHER that the
total Galleria Mall development upon which this agreement is based
shall require separate evaluation by the STATE and any required roadway
improvements must be completed prior to any partial development
opening for business. The STATE shall have sole authority in
defining/determining what constitutes partial development and associated
roadway improvement requirements. The amount of STATE obligation
noted in Paragraph 6 shall be adjusted by the STATE contingent on the
percentage of the items (noted in Attachment 1) which are included in any
staged construction contract.
26. This Agreement and the covenants contained herein shall be null and
void in the event the contract covering the construction work contemplated
Page 14
herein in not awarded with three years after the execution of said
agreement.
This Agreement shall be binding upon and to the benefit of the parties hereto
their successors and assigns.
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
Director off Highways
Date: T
CITY OF PEORIA
Date: 6-26-98
ATTEST:
(SEAL)
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