R2011-80 AUTHORIZING AN AGREEMENT WITH THE STATE

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FAP 710 (US 51)& FAP 712 (IL 105) FAP 710 Sections 48 & 1 FAP 712 Sections 281 Macon County Permit No. 7- Agreement JN 711 011 PPS No. 1-50875-0000 AGREEMENT This agreement entered into this day of , AD, 2011, by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the CITY OF DECATUR in Macon County of the state of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the State of Illinois, in order to comply with laws prohibiting joint sanitary and storm sewer systems is desirous of relocating the storm sewer system along FAP 710 (US 51) Section 48 and FAP 712 (IL 105) Section 281 in the City of Decatur in Macon County. WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The CITY agrees to make the surveys, obtain all necessary rights of way, prepare plans and specifications necessary to complete a highway access permit, furnish engineering inspection during construction and cause the improvement to be built in accordance with the said permit. No right of way is required. 2. The CITY agrees to pay for construction and engineering costs, subject to reimbursement by the STATE as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost for this improvement is as shown on the attached estimate 4. The State agrees to pay actual costs not to exceed $25,000 for the storm sewer system and appurtances as shown on the highway permit, and 5. The STATE further agrees that upon execution of both the permit and this agreement, the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS will pay to the CITY of DECATUR in a lump sum an amount equal to 50% of its obligation incurred under this AGREEMENT, and will pay to the said CITY the remainder of the obligation in a lump sum, upon completion of the project based upon final costs. 6. The CITY has adopted a law as part of the city code chapter 38, prohibiting the discharge of sanitary sewage and industrial waste water into any storm sewers within the city limits 4. This agreement does not in any way change the maintenance responsibilities of the STATE, which are described in an agreement(JN 500004 for Contract 90582)executed by CITY and STATE circa 2001.