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R-852 - 07/08/2003 - AGREEMENT - Resolutions ExhibitsS i j Exlubrt "A "to Resolution 2003- AG -TC- CTRL - OPT -EXI -R -852 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF OAKBROOK TERRACE, THE COUNTY OF DUPAGE, THE OAKBROOK TERRACE FIRE PROTECTION DISTRICT AND THE VILLAGE OF OAK BROOK FOR INSTALLATION OF EMERGENCY VEHICLE TRAFFIC SIGNAL PREEMPTION EQUIPMEl AT THE INTERSECTION OF MYRTLE AVENUE / MACARTHUR DRI` WITH BUTTERFIELD ROAD AND AT THE INTERSECTION OF SUMMIT AVENUE / MIDWEST ROAD WITH BUTTERFIELD ROAD 'TCHIS AGREEMENT is made this 23`d day of July, 2003, by and between the Oakbrook Terrace, an Illinois municipal corporation and home rule unit of local goverrin "City") the County of DuPage, a unit of local government (the "County "), the Oakbrook Fire Protl ction District, a unit of local government (the "District ") and the Village of Oal an Illinois municipal corporation (the "Village "), collectively known as the parties agreement (the "Parties "). WITNESSETH: WHEREAS, the 1970 Illinois Constitution provides that units of local governrr contract and otherwise associate amongst themselves, and with individuals, associate corporations in any manner not prohibited by law or ordinance (Illinois Constitutio Article VII, section 10); and WHEREAS, the City, the County, the District, and the Village are, rest authorized to regulate the use of the public rights -of -way and streets for the benefit of the and Tran receive t certain it pay for a as provi( by refere 'HEREAS, the City and the State of Illinois, through the Illinois Depart ation ("IDOT "), have entered an agreement for IDOT to perform or contrac ice of all necessary work to survey, obtain permits, prepare plans and specif ids, award contracts, furnish engineering inspections during construction, ai iprovements to be built in accordance with the plans, specifications and contrac 1 nght -of -way, construction and engineering costs subject to reimbursement by ,d therein (the "IDOT Agreement ") which is hereby incorporated into this a ice and is attached as Exhibit "A "; and 1 City of ent (the Terrace Brook, to the t may s and 1970, ectively public; lent of for the rations, cause and to ie City alement 4 Ir i F Exhibit" A "to Resolution 2003- AG -TC- CTRL - OPT- EXI -R!852 WHEREAS, in conjunction with the IDOT Agreement and the improvements contemplated therein, IDOT has agreed to install and maintain emergency vehicle traffic signal preemption equipment at the intersection of Summit Avenue/Midwest Road with Butterfield Road (Illinois 56) (the "Summit /Midwest Intersection "), and at the intersection of Myrtle Avenue /MacArthur Drive with Butterfield Road (Illinois 56) (the Myrtle /MacArthur Intersection "); and WHEREAS, as part of the IDOT Agreement, the City has agreed to take the role of lead local government agency and to be responsible to make the full local share of payments oo IDOT for the installation and maintenance of such emergency vehicle traffic signal prelemption equipment, subject to reimbursement from the County, the District and the Village as prolvided in this Agreement; and WHEREAS, the City, the County, the District and the Village have, respectively, agreed to pay a proportionate share of the costs of the installation and maintenance of certain emergency vehicle traffic signal preemption equipment as set forth in this Agreement, NOW, THEREFORE, in consideration of the mutual covenants and promises herein made, it is hereby agreed by and between the Parties, as follows: 11 Recitals. The recitals set forth hereinabove are hereby incorporated into this Agreement and made a part hereof as if fully set forth in this Paragraph 1. 2. Summit/Midwest Intersection. A. Upon IDOT "s award of a contract for the improvements to be installed under the IDOT Agreement, including installation of emergency vehicle traffic signal preemption equipment at the Summit/Midwest Intersection, the City will pay an amount equal to 95% of its obligation incurred under the IDOT Agreement in a lump sum, and Will invoice the County, the District and the Village for their respective percentage shares of the actual cost (engineering and construction estimated costs by IDOT equal to $6,900.00) for the installation of such preemption equipment, in accordance with the percentage shares set forth herein. Within no more than thirty (30) days after the, date of the receipt of such invoice, the County, the District and the Village shall pay the invoiced amount to the City in a lump sum. The percentage shares shall be as follows: The County 50% The City 12.5% The District 12.5% The Village 25% N Exhibit" A "to Resolution 2003- AG -TC- CTRL - OPT -EXl -R -852 i B. Upon completion of the installation of the improvements to be {installed under the IDOT agreement, including installation of emergency vehicle traffic signal preemption equipment at the Summit/Midwest Intersection, the City will pay to IDOT the remaining 5% of the actual cost for the installation of such preemption equipment, as incurred under the IDOT Agreement, in a lump sum, and will invoice the County, the District and the Village for their respective percentage shares of the remaining 5'/ of the actual cost for the installation of such preemption equipment, in accordance (with the piercentage shares as set forth in subparagraph A of this paragraph 2. Within no more than thirty (30) days after the date of such invoice, the County, the District and the Village shall pay the invoiced amount to the City in a lump sum. C. The actual cost to purchase and install the vehicle transponders required to activate the emergency vehicle traffic signal preemption equipment shall be paid I o IDOT bey the City upon completion of such installation, and the City will invoice the District and the Village for their respective percentage shares of the actual cost for the purchase and installation of such transponders, in accordance with the percentage shares as set forth in subparagraph D of this paragraph 2. Within no more than thirty (30) days after the date of such invoice, the District and the Village shall pay the invoiced amount to the City in a lump sum. i D. In the event that IDOT performs any maintenance on the emergency vlehicle traffic signal preemption equipment at the Summit/Midwest Intersection, using its own contractors, the City will reimburse IDOT for the actual cost of any repairs, land will invoice the District and the Village for their respective percentage shares of the actual cost for such repairs, in accordance with the percentage shares as set forth herein.I Within no more than thirty (30) days after the date of such invoice, the District and the Village shall pay the invoiced amount to the City in a lump sum. The percentage shares shall be as follows: The City 25% The District 25% The Village 50% E. In the event that IDOT is required to make any major repairs or replace the emergency vehicle traffic signal preemption equipment installed at the Summit /Midwest Intersection, due to vehicle accidents or Acts of God, the City will reimburse IDOT for the actual cost of any repairs or replacement, and will invoice the District and the Village for their respective percentage shares of the actual cost for such repairs or replacement, in accordance with the percentage shares as set forth in subparagraph D of this paragraph 2. Within no more than thirty (30) days after the date of such invoice, the Districtland the Village shall pay the invoiced amount to the City in a lump sum. 3 Exhibit" A,, to Resolution 2003- AG -TC- CTRL - OPT -EXI -R X852 3. Myrtle/MacArthur Intersection A. Upon IDOT "s award of a contract for the improvements to be installed under the IDOT Agreement, including installation of emergency vehicle traffic signal preemption equipment at the Myrtle /MacArthur Intersection, the City will pay ani amount equal to 95% of its obligation incurred under the IDOT Agreement in a lump sum, and will invoice the District for its percentage share of the actual cost (engineering and construction estimated costs by IDOT equal to $6,900.00) for the installation of such preemption equipment, in accordance with the percentage shares set forth herein. Within no more than thirty (30) days after the date of such invoice, the District shall ipay the invoiced amount to the City in a lump sum. The percentage shares shall be as follows: ' w The City 50% The District 50% B. Upon completion of the installation of the improvements to be installed under the IDOT agreement, including installation of emergency vehicle traffic signal preemption equipment at the Myrtle /MacArthur Intersection, the City will pay to IDOT the remaining 5% of the actual cost for the installation of such preemption equipment, as incurred under the IDOT Agreement, in a lump sum, and will invoice the District for its percentage share of the remaining 5% of the actual cost for the installation iof such preemption equipment, in accordance with the percentage shares as set forth in subparagraph A of this paragraph 2. Within no more than thirty (30) days after the date Of such invoice, the District shall pay the invoiced amount to the City in a lump sum. C. The actual cost to purchase and install the vehicle transponders required to activate the emergency vehicle traffic signal preemption equipment shall be paid to IDOT by the City upon completion of such installation, and the City will invoice the District for its percentage share of the actual cost for the purchase and installation of such transponders, in accordance with the percentage shares as set forth in subparagraph A of this paragraph 3. Within no more than thirty (30) days after the date of such invoice, the District shall pay the invoiced amount to the City in a lump sum. D. In the event that IDOT performs any maintenance work on the emergency vehicle traffic signal preemption equipment at the Myrtle /MacArthur Intersection, using its own contractors, the City will reimburse IDOT for the actual cost of any repairs, and will invoice the District for its percentage share of the actual cost of such repairs, in acrcordance with the percentage shares as set forth in subparagraph A of this paragraph 2. Within no more than thirty (30) days after the date of such invoice, the District sI all pay the invoiced amount to the City in a lump sum. V Exhibit" A "to Resolution 2003- AG -TC- CTRL - 0PT- EX1-iR -852 E. In the event that IDOT is required to make any major repairs or replace the emergency vehicle traffic signal preemption equipment installed at the Myrtle /MacArthur Intersection, due to vehicle accidents or Acts of God, the City will reimburse IDOT for the actual cost of any repairs or replacement, and will invoice the District for its percentage share of the actual cost of such repairs or replacement, in accordance with the percentage shares as set forth in subparagraph A of this paragraph 3. Within no more than thirty (30) days after the date of such invoice, the District shall pay the invoiced amount to the City in a lump sum. 4 Notices. Any notice or demand hereunder from any party hereto t , another party hereto shall be in writing and shall be deemed duly served if mailed by prepaid registered or certified mail, addressed as follows: If to the City: Office of the City Administrator I 41 City of Oakbrook Terrace 17W275 Butterfield Road Oakbrook Terrace, IL 60181 FAX: 630 -941 -7254 i With a copy to: Office of the City Attorney City of Oakbrook Terrace 17W275 Butterfield Road i Oakbrook Terrace, IL 60181 FAX: 630 -941 -7254 If to the County: DuPage County Division of Transportation Attention: County Engineer 421 North County Farm Road Wheaton, Illinois 60187 If to the District: Fire Chief Oakbrook Terrace Fire Protection District 17W 400 Butterfield Road Oakbrook Terrace, Illinois 60181 With I a copy to: Power and Cronin, Ltd. 2 Trans Am Plaza Drive, Suite 370 Oakbrook Terrace, Illinois 60181 Attention: John Fassola If to the Village: Office of the Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 41 r Exhibit "A" of Resolution No RD - 12 With a copy to: Office of the Fire Chief Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 5. Binding Agreement. This Agreement shall be binding and ini benefit of the parties hereto and their successors and assigns. to the 6. Term. This Agreement shall be in effect from and after the I execution hereof by all parties, for a term of five (5) years, and shall be automatically renewed for additional five (5) -year terms, unless any party notifies the others, in writing, not less than ninety (90) daIys before the end of any term, of its intent to terminate the Agreement. 7. Amendments. This A greement m ay b e a mended o my b y a writing d my executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have placed their hands on the date hereinabove written. CITY OF OAKBROOK TERRACE DUPAGE COUNTY By: By: Thomas S. Mazaika,,64ayor Robert J. Schillerstrom, Chairman Attest: � y���z -- X-/, 1� ���� -- Attest: Elaine K. DeLuca, City Clerk Gary A. King, Co",ty Clerk OAKB'ROOK TERRACE FIRE PROTECTION DISTRICT By: John Valle, President Attest: (Andrew Sarallo, Secretary on VILLAGE OF OAK BROOK M Attest: Kevin Quinlan, Village President Linda K. Gonnella, Village Clerk 1{ r s y : Exhibit" A "to Resolution 2003- AG -TC- CTRL - OPT -EX: With a copy to: Office of the Fire Chief Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 i 5. Binding Agreement. This Agreement shall be binding and int benefit of the parties hereto and their successors and assigns. 6. Term. This Agreement shall be in effect from and after t f he hereof by all parties, for a term of five (5) years, and shall be automatically ren additional five (5) -year terms, unless any party notifies the others, in writing, not less th (90) day' s before the end of any term, of its intent to terminate the Agreement. 7. Amendments. This Agreement may be amended by a writ executed by each of the parties hereto. �- IN WITNESS WHEREOF, the parties hereto have p ed it hands on heremabove written. CITY OF OAKBROOK TERRACE D TY By: By: Thomas S. Mazaika, Mayor b Schil] C Attest. Attest: Elaine K. DeLuca, City Clerk OAKBROOK TERRACE FIRE PROTECTION DISTRICT By: John Valle, President i i Attest. Andrew Sarallo, Secretary I r VILLAGE '► Attes Linda K. Gon Village Clerk . -R -852 to the ecution ied for . ninety a .t 1 t Exhibit " A " to Resolution 2003- AG -TC- CTRL - 0PT -EX1 L R -852 With a copy to: Office of the Fire Chief Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 5. Binding Agreement. This Agreement shall be binding and benefit of the parties hereto and their successors and assigns. 16. Term. This Agreement shall be in effect from and after the f hereof by all parties, for a term of five (5) years, and shall be automatically rent additional five (5) -year terms, unless any party notifies the others, in writing, not less th (90) days before the end of any term, of its intent to terminate the Agreement. Amendments. This Agreement may be amended only by a writ executed by each of the parties hereto. IN WITNESS WB EREOF, the parties hereto have placed their hands on hereinabove written. CITY OF OAKBROOK TERRACE DUPAGE COUNTY By: Thomas S. Mazaika, Mayor Attest: Blaine K. DeLuca, City Clerk O AKBI? 00K TERRACE FIRE PROTECTION DISTRICT By: �hn Valle, President Attest: Andrew Sarallo, Secretary 6 so re to the ;xecution -,wed for in ninety ing duly the date Robert J. Schillerstrom, Chairman Attest: Gary A. King, County Clerk I VILLAGE O RO By: /7illa"President l Attest: .? Linda K. Gonnella, �G ' `pillage Clerk A-1//1 �� .r Exhibit " A" to Resolution 2003- AG -TC- CTRL - OPT -EX1 !R -852 With a copy to: Office of the Fire Chief Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 5. Binding Agreement. This Agreement shall be binding and in benefit of the parties hereto and their successors and assigns. 6. Term. This Agreement shall be in effect from and after the i hereof by all parties, for a term of five (5) years, and shall be automatically ren additional five (5) -year terms, unless any party notifies the others, in writing, not less th (90) days before the end of any term, of its intent to terminate the Agreement. 7. Amendments. This Agreement may be amended only by a wn executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have placed their hands on hereinab;ove written. CITY OI�F OAKBROOK TERRACE DUPAGE COUNTY By: Thomas S. Mazaika, Mayor Attest: Elaine K. DeLuca, City Clerk OAKBROOK TERRACE FIRE PROTECTION DISTRICT By: John Valle, President I Attest: I Andrew Sarallo, Secretary E r to the ecution ved for i ninety .ng duly the date Robert J. SchillIerstrom, Chairman Attest: Gary A. King, County Clerk VILLAGE,O * 4i- illage Pre K dent Attest: ,1�1/�I C 0 _ Linda K. Gonnella, Village Clerk �q�f Jeri e Illinois Department of Transporta on Division of Highways /District 1 201 West Center Court/Schaumburg, Illinois 60196 -1096 BUREAU OF DESIGN City of Oak Brook Terrace /State of Illinois Illinois Route 56 State Section. 54 WRS - 7 DuPage County July 2, 2003 Mr. Marty Bourke City Administrator City of Oakbrook Terrace 17W275 Butterfield Road Oakbrook Terrace, IL 60181 Dear Mr. Bourke: The Agreement for the subject section has been executed by this Department. Enclosed is an original counterpart of the executed Agreement for your irecords and files. Thank you for your cooperation. If you have any questions or need additional information, please contact Mr. John M. Romano, Agreements Specialist at (847) 705 -4238. Very truly yours, John P. Kos, P.E. District Engineer �•2 ohn Fortmann, P.E Project Support Engineer Enclosures S \ WP\ Proisupp\ AGMTS \Lw030702oakbrookil-i6exagritr doc t Illinois Route 56 State Section: 54WRS -7 DuPage County Job No. C1191-386-01 Agreement No. JN -103 -054 Contract No 62291 AGREEMENT ,�jj flfl 'This Agreement entered into this a± day oiJ�' 20 V3 A D, b y and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the City of Oakbrook Terrace, of the State of Illinois, hereinafter called the CITY. WITNESSETH. WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving approximately 7,389 feet (1.39 miles) of Butterfield Road, (FAU Route 3545), Illinois Route 56 from 22nd Street (Cermak Road), to Illinois Route 83 providing 1 -12 foot inside and 1 -13 foot outside through traffic lane in each direction, a 14 foot inedian with 12 foot and variable width left turn lanes at Renaissan Boulevard, Midwest Road/Summit Avenue, Marshall Drive, MacArthur Drive/ Myrtle Avenue, 16`h Street and Patton Avenue, realignment of the intersection of Illinois Route 56 with 16`" Street, modernizing traffic signals at the Illinois Route 56 intersections with Midwest Road /Summit Avenue and MacArthur Drive /Myrtle Avenue, traffic signal interconnection on Illinois Route 56 between the intersections of 22nd Street (Cermak Road), Midwest Road/Summit Avenue and MacArthur Drive /Myrtle Avenue, constructing new 5 foot PCC sidewalks as shown on the plans, constructing a bike path from 1,500 feet west of Midwest Road/Summit Avenue to i MacArthur Drive /Myrtle Avenue, constructing curb and gutter and a 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 I i WHEREAS, the CITY has requested that the STATE include in its contract Emergency Vehicle Pre - Emption; and WHEREAS, the STATE agrees to the CITY's request; and 'WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit ;to the CITY residents and permanent in nature; i 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 dunng i construction and cause the improvement to be built in accordance with the plans, specifications and contract. 2 The STATE agrees to pay for all right -of -way, construction and engineering costs, sl reimbursement by the CITY as hereinafter stipulated -2- abject to 3 It is mutually agreed by and between the parties hereto that the estimated cost and cost proration for this improvement is shown on Page 3 P p g A. 4. The CITY has passed a resolution appropriating sufficient funds to pay Its share of the cost i for ithis Improvement, a copy of which is attached hereto as "Exhibit A" and made a part hereof The CITY further agrees that upon award of the contract for this Improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS in a lump sum from any fiends allotted to the CITY, an amount equal to 95% of its obligation incurred under this AGREEMENT, and will pay to the said DEPARTMENT the remainder of the obligation (Including any non - participating costs on FA Projects) in a lump sum, uplon completion of the project based upon final costs. The CITY 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 A" proves to be I Insufficient, to cover said cost. 5. The CITY has adopted and will put Into effect an appropnate ordinance, prior to the STATE's advertising for the proposed work to be performed hereunder, or shall continue to enforce o ce an existing ordinance, requiring that parking be prohibited within the limits of this in r V "Exhibit J o ement, a copy of which Is attached hereto as Exhibit B , and will In the future -3- O d U N o a w O Q w Qr O d E-+ W 0 0 0 0 0 O 0 O 0 o C) 0 0 d 69 69 6A 69 69 V) 6H 69 \ \° o c d d O O Q ¢ ¢ ¢ ¢ Q O O �n N � O O U, O 61S 61S 6A 69 69 6t} 69 d d d d o 0 0 0 0 0 O O O O O O N O O o O C1 O O o� Uj Vr M N �J � U 69 6s 69 6+4 69 69 6f? 6R ° O ¢ o o d ¢ o o d d 0 O 0 O 0 O N o O Ln N C) O (f) O Ln O --� O N ce N -+ M •--, N Q O v? N U ^' n 0 0 0 0 0 ¢ ¢ o o d d O O O O N O N U N ce O 00 o \Z � � Q � � C � � � � C � � C✓ C � U ° Ln C N 4-+ O N M w Q a C Q a U F Q �J C!� 0 U w Q w b N U 'C3 «S O U � a� o U � 03 U O 40 � > o O U 0 3 0 O v� y U U 1, U � U +� O c� U 'C3 O U N � � Q7 .^ cC ct oz U_ U M U � r � prohibit parking at such locations on or immediately adjacent to this improvement ; determined necessary by the STATE from traffic capacity studies. 6 The CITY has adopted and will put into effect an appropnate ordinance, prior to th may be 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 C" 7 Prior to the STATE advertising for the work proposed hereunder, the disposition of i encroachments will be cooperatively resolved with representatives from the CITY and the STATE. The CITY has adopted and will put into effect an appropnate 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 D" ,I 8 The CITY has adopted a resolution, will send a letter, or sign the Plan Approval page which is part of this document, prior to the STATE advertising for the work to be perfonned hereunder, approving the plans and specifications as prepared. M 9. The CITY agrees to ensure that minority business enterprises, as defined in 49 CFR, Part 23, have the maximum opportunity to participate related to the maintenance of the "Emergency Vehicle Pre- Emption System" equipment. The CITY shall maintain the emitters and i associated appurtenances at its own expense The emitters shall be maintained and tested by the CITY in accordance with the recommendations of the manufacturer. i 10 The CITY agrees that in the event any work is performed by other than CITY forces, the provisions of "an act regulating wages of laborers, mechanics and other workers employed in public works by the State, County, or any public body or any political subdivision or by any one under contract for public works (Illinois Compiled Statutes, 820 ILCS 130/1) shall apply 11 The CITY 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 Illinois Route 56 without the consent of the STATE. 12 The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 13 The CITY agrees to cause its utilities installed on right of way after said right of way, was I 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. -5- i 14. Upon final field inspection of the improvement and so long as Illinois Route 56 is used as a State Highway, the STATE agrees to maintain or cause to be maintained the median, the 2 through traffic lanes lying on either side of the median and the left -turn and right-turn lanes, each lane being 12 feet and variable in width, and the curb and gutter or stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes to be maintained by the STATE 15. Upon final field Inspection of the improvement, the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE, including parkways, crosswalk and stopline markings on City maintained streets, , CITY owried utilities including appurtenances thereto, 3 I The CITY further agrees to continue its existing maintenance responsibilities on all side road approaches under- its jurisdiction, including all left and right turn lanes on said side road I approaches, up to the through edge of pavement of Illinois Route 56 Drainage facilities, if I on RZO, any, at the aforementioned side roads located within the STATE right -of -way shay point maintenance responsibility of the STATE and the CITY unless there is an agr specifying different responsibilities . be the ;ement 16 Upon acceptance by the STATE of the traffic signal work included herein the responsibility for maintenance and energy shall continue to be as outlined in the Master Agreement executed by the STATE and the CITY on September 9, 2002. It is further agreed that upon completion of the improvement the physical maintenance of the traffic signal locatf Illinois Route 56 at MacArthur Drive /Myrtle Avenue will be that of the STATE. ;d on 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. Its is further agreed that all cost for maintenance of the "Emergency Vehicle Pre - Emption Sy equipment shall be the CITY's. 17. The STATE agrees to make arrangements with the local power company to furnish Ithe 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, as per the Master Agreement. 18 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 CITY for the -7- maintenance costs related to the maintenance of the "Emergency Vehicle Pre- Emption System" equipment The CITY maintain the emitters and associated appurtenances at its own expense The emitters shall be maintained and tested by the CITY In accordance with the'recommendations of the manufacturer. 19 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 CITY agrees to be fin, responsible for all costs to relocate or reconstruct the emergency vehicle pre- emption equipment in conjunction with the STATE's proposed improvement. 20 Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 36- 2489485 and it's doing business as a GOVERNMENTAL ENTITY, whose mailing address is rem sally Obligations of the STATE and CITY will cease immediately without penalty payment being required if, in any fiscal year, the Illinois General Assembly or Federall' source' fails to appropriate or otherwise make available funds for this contract. r further funding 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: City Clerk (SEAL) S \ WP\ Projsupp\ AGMTS \kw030317oakbrookbutterfieldagr doc WE City of Oakbrook Terrace By: _ TITLE: Mayor Date: ('0 (z� STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION B y. te� /a, District Engineer Date. 71i /03 PLAN APPROVAL WHEREAS, in order to facilitate the improvement of Illinois Route 56 known las FAU 3545, State Section- 54WRS -7, the CITY agrees to that portion of the plans and specif cations relative to the CITY's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed improvement -10- Resolution No. R03 — 06 is Exhibit "A" of An "Agreement With IDOT for Emergency Vehicle Preemption" Approved as part of Resolution No. R03 - 05 1 RESOLUTION NO. R03 — 06 A RESOLUTION APPROPRIATING FUNDS IN ORDER TO FULFILL THE CITY OF O �AKBROOK TERRACE'S FINANCIAL OBLIGATION PURSUANT TO THE BUTTERFIELD ROAD EMERGENCY VEHICLE TRAFFIC SIGNAL PREEMPTION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) WHEREAS, the City of Oakbrook Terrace the "City") ( has entered into an AGREEMENT with the STATE OF ILLINOIS for the improvement of Illinois Route 56, known as State Section; 54 WRS -7; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the City to appropriate sufficient funds to pay its share of the cost of said improvement; and NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of Twenty Nine Thousand, Three Hundred and Twenty -Five dollars ($29,325.00) or so much thereof as maybe necessary, from any money now or hereinafter allotted to the City to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental provide any necessary funds for its share of the cost of this improvement if the amount herein proves to be insufficient, to cover said cost; and BE IT FURTHER RESOLVED, that all resolutions or parts of resolutions in co the provisions of this Resolution are hereby repealed to the extent of the conflict; and BE IT FURTHER RESOLVED, that this Resolution shall be in full force and and after its passage and approval as provided by law. 1 ion to ict with -Ict from Resolution No. R03 — 06 is Exhibit "A" of An "Agreemer Approved as part of Resob PASSED AND APPROVED This 24th Day Of Jui AYES: Vargas, M. Bojan, Thomas, Sarallo, NAYS: None ABSENT: No one ATTEST: Elaine K. DeLuca, City Clerk 2 n Resolution No R03 — 06 is Exhibit "A" of An "Agreement With IDOT for Emergency Vehicle Preemption" Approved as part of Resolution No. R03 - 05 1 STATE OF ILLINOIS ) COUNTY OF//DUPAGE ) I, bi� 1�", ��.�A , City Clerk in and for the City of Oakbrook Terrace her certify the foregoing to be a true perfect and complete copy of the resolution adopted by the Mayor and City Council at a meeting on June 24, 2003 A.D. IN TESTIMONY WHEREOF, I have hereunto set 2003 A.D. (SEAL) 3 ay of Oakbrook Terrace, Illinois Code of Ordinances 1 Eas We; We; Sou Sou Nor Sou We: Eas We; Monterey TITLE VII: TRAFFIC CODE CHAPTER 75: PARKING SCHEDULE MacArthur Dr From Orchard Place south to 22nd Street MacArthur Dr From Karban Road CHAPTER 75: PARKING south to 22nd !St SCHEDULE Nimitz Road Adjacent to Drennan Sched l le Park from a point 160 1 feet northwest of the I No parking intersection of those two roads on a point 245 TITLE VII: TRAFFIC CODE I feet south of the CHAPTER 75: PARKING SCHEDULE / intersection on SCHEDULE I. NO PARKING. Eisenhower Road Roosevelt Rd 550 feet east of SCHEDULE I. NO PARING. Ardmore Ave feet east of Euclid 1500 (A) When signs are erected giving Ave (Rt. 3 8) notice thereof, parking is prohibited at all times at the following locations. Orchard Pl. From MacArthur to the end oft he Dr Street Description Sidi cul -de -sac Butterfield Rd From the eastern South Frontage Between Spring Rd boundaries to the Rosevelt Rd. and Salt Creek western boundaries of Oakbrook Terrace Southlane Eisenhower Rd Adjacent to Drennan We., Spring Rd. Between 16th Ave Park from a point 160 and Roosevelt feet northwest of the intersection of those two Summit Ave. Between Roosevelt roads on Nimitz Road to Rd. and Rt 56 a point 245 feet south of (Butterfield Rd.) the intersection on Eisenhower Road Sunshine Drive Between Butter up Lane and Euclid Euclid Avenue Between Sunshine Drive Bot Avenue and Roosevelt Road 14th Street From the westerly Hodges Rd From Route 83 to Bot Both 97 -56, 02 -12 2- 10 -98, 6 -11 -02 : "American Legal Publishing Corporation" 1 Eas We; We; Sou Sou Nor Sou We: Eas We; rl Oakbrook Terrace, Illinois Code of Ordinances city boundary to the west side of the west driveway servicing the Versailles apartment property (B) The Chief of Police is hereby instructed to install no parking signs in accordance with this section. (Ord. 91 -24, passed 2- 25 -92) Penalty, see § 10.99 : "American Legal Publishing Corporation" 1 2 I& I 1-k"C.- Oakbrook Terrace, Illinois Code of Ordinances DISCHARGE UNLAWFUL. TITLE V: PUBLIC WORKS / CHAPTER 50: PUBLIC WATER AND SEWER/ § 50.08 PROHIBITED DISCHARGES TO STORM WATER SYSTEMS. § 50.08 PROHIBITED DISCHARGES TO STORM WATER SYSTEMS. , (A) It shall be unlawful to introduce or make any sewer connections designed to or which could permit the introduction of any sanitary waste liquid petroleum products, or any material which could form an explosive or flammable or toxic Isubstance into the storm water drainage system. ( It shall be unlawful to throw or deposit in any receptacle connected within the storm water system or within such system any solid matter such as kitchen refuse, rags, wires, ashes, wood or any other matter I whatsoever which may have a tendency to become lodged in or obstruct any sewer pipe (Ord 82 -6, passed 6- 23 -82) I(C) It shall be unlawful for any person, firm, or corporation to discharge sanitary' and industrial waste water into the storm sewers constructed as part of the Illinois Route 56 (Butterfield Road) Improvement, nor shall there be any discharge of waste water into any storm sewer in the city. (Ord 78 -30, passed 9- 26 -78) Penalty,' see § 10 99 TITLE V: PUBLIC WORKS CHAPTER 50: PUBLIC WATER AND SEWER / § 50.09 UNTREATED § 50.09 UNTREATED DIS UNLAWFUL. It shall be unlawful to any watercourse, pond, ditch, 1; body or surface of ground wat area under the jurisdiction of t sanitary sewage, industrial was polluted waters, except whf treatment has been provided (Ord. 79-35, passed 2- 26 -80) P 10.99 GE charge to or other or in any city, any or other suitable , see § : "American Legal Publishing Corporation" I 1 a ) IL (- 0 ORDINANCE NO. 02 - 63 AN ORDINANCE REPEALING TITLE IX: GENERAL REGULATIONS, CHAPTER 95 (STREETS AND SIDEWALKS) AND TITLE XI: BUSINESS REGULATIONS, CHAPTER 118 (TELECOMMUNICATIONS PROVIDERS AND CA'RR.LERS) OF THE CODE OF ORDINANCES OF THE CITY OF OAKB�ROOK TERRACE, BY ESTABLISHING NEW STANDARDS FOR THE CONSTR ICTION, MAINTENANCE AND REPAIRS OF FACILITIES IN THE PUBLIC RIGHTS; OF -WAY WHEREAS, the City of Oakbrook Terrace (the "City ") is a home rule unit of local government under Article VII, Section 6 of the 1970 Illinois Constitution and, except as limited by such Section, it may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations to govern the use of public rights -of -ways and to protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the authority ofthe City as a home rule unit of local government; and WHEREAS, this Ordinance establishes generally applicable standards for construction on, over, above, along, upon, under, across, or within, use of and repair of, the public right -of -way; and WHEREAS, in the enactment of this ordinance, the City has considered a variety for construction, use and repair over, above, along, under, across, or within the public ri; including, but not limited to, the standards relating to Accommodation ofUtilities on Rigs the IllnI ois State Highway System promulgated by the Illinois Department of Transpc found at 92 Ill. Adm. Code, §530.10, et seq.; WHEREAS, the City hereby finds that it is in the best interest of the City, the pu utilities using the public rights -of -way to establish a comprehensive set of construction st requirements to achieve various beneficial goals, including, without limitation, enhancing of new, facilities; minimizing interference with and damage to rights -of -way and sidewalks, and other structures and improvements located in, on, over and above the rig and reducing costs and expenses to the public; i NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of Oakbrook Terrace, DuPage County, Illinois, as follows: Section 1. Recitals. The facts and statements contained in the preambles to this found to be true and correct and are hereby adopted as part of this Ordinance. f standards ht -of -way, -of -Way of lation and and the lards and Ping streets, -of -way; the City of are CHAPTER 95: PUBLIC RIGHTS -OF -WAY GENERAL PROVISIONS §95.01 SNOW AND ICE RESTRICTIONS. No person, partnership, corporation or other business entity shall deposit deposited any snow or ice on or against a fire hydrant, regulatory sign, sidewalk or or cause to be treet within the city. It shall be unlawful to pile or otherwise allow snow along driveways to such a height as to obstruct the vision of drivers seeking access to and from any city street. ENCROACHMENTS §95.10 DEFINITIONS. ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind which is placed, located or maintained in, on, under or over any portion of the public right -of -way. PERMITTED ENCROACHMENT. Any encroachment allowed under §95.11(B) ofthis ChapteIr. PUBLIC RIGHT -OF -WAY. Those areas existing or acquired by dedication, other conveyance of fee simple title, or easement, for highway or utility purposes, including any areas acquired by temporary easement during the term thereof. §95.11 ENCROACHMENTS IN THE PUBLIC RIGHT -OF -WAY. (A) 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 in the public right -of -way, except a permitted encroachment as provided in paragraph (B) of this section. (B) The following shall be permitted encroachments in the public right -of -way so long as vehicular and pedestrian traffic are not impeded thereby: (1) Properly installed and maintained mailboxes and newspaper delivery boxes with reflective markings; (2) Traffic control signage in compliance with state warrants; (3) Street name and informational signs properly installed by the city or state; (4) Fire hydrants; (5) Bushes and other vegetation that do not present an immediate i (6) Trees that do not present an immediate hazard and were installed prior to October 1, 1994; (7) Temporary placement of garbage, recyclables and landscape waste in accordance with §51.03(E) of this code; and (8) Any other encroachment for which the city council has given permission in writing by a license agreement or other agreement or permit. r v � Mayor THOMAS S MAZAIKA City Clerk ELAINE K DE LUCA City Administrator MARTIN J BOURKE o�akbroo,� T� C' U m \yCOAPpRA�E/ 19se CITY OF OAKBROOK TERRACE 17W275 BUTTERFIELD ROAD OAKBROOK TERRACE IL 60181 630 - 941 -8300 FAX 630 - 941 -7254 Alderman Ward 1 ING RID M DURHAM TOM THOMAS Alderman Ward 2 LAURA R VARGAS MICHAEL A SARALLO Alderman Ward 3 JAMES E BOJAN MARTHA J BOJAN I, Elaine K. De Luca, do hereby certify that I am the duly qualified City Clerk of the City Oakbrook Terrace, Du Page County, Illinois, and as such officer, I am the keeper of the records and files of the City Council of said City of Oakbrook Terrace, and I do certify as follows: That this is a true copy of Resolution Number R03 -05 - A Resolution approving an Agre between the State of Illinois, through its Department of Transportation, and the City of Oakbrook Terrace for Emergency Vehicle Preemption, adopted on the 24`h day of June, by the City Council of the City of Oakbrook Terrace at their regularly scheduled meeting June 24, 2003. Witness whereof I have hereto affixed my official hand and seal of the City on this 26`h d June, 2003 CITY CLERK of ement 003, of y of 40 i RESOLUTION NO. R03 — 05 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE STATE OF ILLINOIS, THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND) THE CITY OF OAEBROOK TERRACE FOR EMERGENCY VEHICLE PREEMPTION WHEREAS, the City of Oakbrook Terrace, DuPage County, Illinois ("C "I I a home rule unit o local government under Article VII, Section 6 of the 1970 Illinois Constitution; and i WHEREAS, the State of Illinois (the "State ") intends to improve approximately 7,389 feet (1.39 miles) of Butterfield Road, (FAU Route 3545), Illinois Route 56, from 22" d Street to Illinois Route 83, including the modernization of traffic signals at the intersection of Illinois i Route 56 with Midwest Road/Summit Avenue and MacArthur Drive/Myrtle Avenue and the installation of Emergency Vehicle Pre - emption in conjunction with such traff c signal i improvements; and WHEREAS, the City has agreed to reimburse the State for a portion of the cost of the Emergency Vehicle Pre - emption equipment. i NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Oakbrook Terrace as follows: I a 1 • An "Agreement ", (the "Agreement "), between the City and the State, is hereby approved in substantially the form attached hereto as Exhibit "A ". 2. The Mayor and City Clerk are hereby, respectively, authorized and directed to execute and attest the Agreement on behalf of the City, in substantially the form approved in Section 1 ;of this Resolution. 3. All resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed to the extent of the conflict. ;, y r Resolution No R03 - 05 i 4. This Resolution shall be in full force and effect after its passage and al provided by law. PASSED; AND APPROVED This 24th Day Of June, 2003. AYES: Vargas, M. Bojan, Thomas, Sarallo, Durham, J. Bojan NAYS: None ABSENT: No one APPROVED: j Thomas S. Mazaika,Ohayor ATTEST, Elaine K.i DeLuca, City Clerk 2 iproval as 4,