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HomeMy WebLinkAboutRESOLUTION - 60-21 - 11/16/2021 - Illinois State Toll HIghway Agreement-Elk Shaped FormlinerRESOLUTION NO.60-21 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE (ELK SHAPED FORMLINER) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 16th day of November 2021. APPROVED this 16th day of November 2021. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE This INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") is entered into by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, ("ILLINOIS TOLLWAY") and the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, ("VILLAGE"), individually referred to as "PARTY", and collectively referred to as "PARTIES". WITNESSETH: WHEREAS, in order to promote the public welfare and facilitate vehicular traffic by providing convenient, safe, modern and limited access highways within and through the State of Illinois, the ILLINOIS TOLLWAY intends to construct the I-490 Toll Highway connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State Tollway (I-294) along the west side of O'Hare International Airport ("O'Hare Airport") as part of the ILLINOIS TOLLWAY's Elgin O'Hare Western Access ("EOWA") project. The EOWA project improvements are contemplated in, but not limited to, Construction Contract #1-18-4704, I-490 Advance Earthwork, Drainage and Retaining Wall Construction from Devon Avenue to South of Touhy Avenue, located along the proposed I-490 corridor between Mile Post 4.3 and Mile Post 5.6 and includes the following improvements: site clearing, earthwork, grading and stockpile construction, haul road construction, protection of aviation operation equipment and utilities, erosion and sediment control measures and landscaping, drainage, construction of box culverts, construction of retaining walls, temporary traffic signal maintenance, Intelligent Transportation System ("ITS") infrastructure, maintenance of traffic and all other work necessary to complete the contract in accordance with the approved plans and specifications(" PROJECT"); WHEREAS, the full build -out of the EOWA project, as defined in the Tier Two Final Environmental Impact Statement ("FEIS"), included a half diamond interchange at I-490 and Elmhurst Road with ramp connections at Devon Avenue and Pratt Boulevard. Subsequent design advancement revised this local interchange access to consolidate the ramp access to one intersection at Elmhurst Road/Pratt Boulevard with a northbound entrance ramp to 1-490 and a southbound exit ramp from I-490 ("FUTURE INTERCHANGE"); WHEREAS, as contemplated in the FEIS, the EOWA project as funded under the ILLIN01S TOLLWAY's current capital plan Move Illinois: The Illinois Tollway Driving the Future does not include construction of the FUTURE INTERCHANGE; WHEREAS, the EOWA project includes provisions necessary to accommodate construction of the FUTURE INTERCHANGE; WHEREAS, the VILLAGE requests that the ILLINOIS TOLLWAY include in its PROJECT a special elk shaped formliner on the west side of Retaining Wall R-567 and on the west side of Retaining Wall R-565 as shown on Exhibit A ("VILLAGE IMPROVEMENTS"); WHEREAS, the ILLINOIS TOLLWAY agrees to include the VILLAGE IMPROVEMENTS in the PROJECT; WHEREAS, the ILLINOIS TOLLWAY and the VILLAGE by this AGREEMENT, desire to detennine and establish their respective responsibilities toward engineering, right of way acquisition, utility relocation, construction, funding and maintenance of the PROJECT as proposed; WHEREAS, the ILLINOIS TOLLWAY by virtue of its powers as set forth in the Toll Highway Act, 605 ILCS 10/1, et seq., is authorized to enter into this AGREEMENT; and WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-I-1, et seq., is authorized to enter into this AGREEMENT; WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES agree as follows: I. ENGINEERING A. The ILLINOIS TOLLWAY agrees to perform preliminary and final design engineering, obtain necessary surveys, and prepare the final plans and specifications for the PROJECT, subject to reimbursement by the VILLAGE as hereinafter stipulated. B. The ILLINOIS TOLLWAY agrees to coordinate separately with the VILLAGE on the FUTURE INTERCHANGE and the PARTIES understand that its implementation is subject to the ILLINOIS TOLLWAY's Interchange and Roadway Cost Sharing Policy and subject to funding availability and project readiness. 2 II. RIGHT OF WAY A. The ILLINOIS TOLLWAY shall perform any and all necessary survey work and prepare all parcel plats and legal descriptions for all right of way (both pennanent and temporary) necessary for the construction of the PROJECT pursuant to the plans and specifications. B. The transfer of property interests is not required between the PARTIES for this PROJECT, nor is the transfer of any interest in land deemed necessary for the future maintenance and operation of their respective facilities. Therefore, it is understood by the PARTIES that there will be no exchange of any property interests pursuant to this AGREEMENT. III. UTILITIES A. In the event that work proposed by the VILLAGE in connection with the PROJECT results in a conflict with the ILLINOIS TOLLWAY's fiber optic cable system, (inclusive of third -party fibers and/or ducts), the VILLAGE shall reimburse the ILLINOIS TOLLWAY for the cost to locate, mark, design, protect, adjust and/or relocate the system. B. At all locations where the ILLINOIS TOLLWAY's infrastructure (remote traffic microwave sensors, message signs, weather stations, weigh -in -motion sites, signs, roadway lighting controllers, electrical services and data connections) that are currently in place within the PROJECT limits must be adjusted due to work proposed by the VILLAGE, the VILLAGE agrees to reimburse the ILLINOIS TOLLWAY for any and all associated costs the ILLINOIS TOLLWAY may incur in causing the aforementioned infrastructure to be adjusted. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY is responsible for advertising and receiving bids, awarding the contract(s), providing construction engineering inspections for and causing the PROJECT to be constructed in accordance with the PROJECT plans and specifications. B. After award of the construction contract(s), any proposed deviations from the plans and specifications that affect the VILLAGE IMPROVEMENTS or infrastructure shall be submitted to the VILLAGE for approval prior to commencing such work. The VILLAGE shall review the proposed deviations and indicate its approval or disapproval thereof in writing. If the proposed deviation to the plans and specifications are not acceptable, the VILLAGE shall detail in writing its specific objections. If the ILLINOIS TOLLWAY receives no written response from the VILLAGE within fifteen (15) calendar days after delivery to 3 the VILLAGE of the proposed deviation, the proposed deviation shall be deemed approved by the VILLAGE. C. The VILLAGE and its authorized agents shall have all reasonable rights of inspection (including pre -final and final inspection) during the progress of work involving the VILLAGE IMPROVEMENTS included in the PROJECT. The VILLAGE shall assign personnel to perform such inspections on behalf of the VILLAGE of all work included in the PROJECT as requested by the VILLAGE and will deliver written notices to the Chief Engineering Officer of the ILLINOIS TOLLWAY advising the ILLINOIS TOLLWAY as to the identity of the individual(s) assigned to perform said inspections. D. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section VIII of this AGREEMENT. E. Upon completion of all PROJECT construction contracts to be subsequently maintained by the VILLAGE, the ILLINOIS TOLLWAY shall give notice to the VILLAGE, and the VILLAGE shall make an inspection thereof not later than seven (7) calendar days after notice thereof. If the VILLAGE does not perform a final inspection within seven (7) calendar days after receiving notice of completion of 100% of all PROJECT construction contracts or other inspection arrangements are not agreed to by the PARTIES, the PROJECT shall be deemed accepted by the VILLAGE. The ILLINOIS TOLLWAY's representative may, in its sole discretion, join in on such inspection. In the event said inspections disclose work that does not conform to the approved final plans and specifications, the VILLAGE's representative shall give immediate verbal notice to the ILLINOIS TOLLWAY's representative of any deficiency and shall thereafter deliver within five (5) calendar days a written list identifying such deficiencies to the Chief Engineering Officer of the ILLINOIS TOLLWAY. Deficiencies thus identified shall be subject to joint re -inspection upon completion of the corrective work. The VILLAGE shall perform such joint re -inspections within seven (7) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied. F. The ILLINOIS TOLLWAY shall have the right, in its sole judgment and discretion, to cancel or alter any or all portions of the work due to circumstances either known or unknown at the time of bidding or arising after entering into Contract(s) in accordance with the Canceled Items Provision 109.06 included in the most current version of the ILLINOIS TOLLWAY Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. 11 V. FINANCIAL A. Except as otherwise identified herein, the ILLINOIS TOLLWAY agrees to pay all PROJECT related engineering, right of way, construction engineering and construction costs subject to reimbursement by the VILLAGE as hereinafter stipulated. B. It is mutually agreed by the PARTIES that construction engineering costs shall be computed as 10% of actual final construction costs. C. It is mutually agreed by the PARTIES hereto that the estimated cost to the VILLAGE for the VILLAGE IMPROVEMENTS is $35,537.74 for construction costs and $3,553.77 (10% of construction costs) for construction engineering, for a total cost of $39,091.51. D. The VILLAGE agrees that upon completion of the contract for this improvement and receipt of an invoice from the ILLINOIS TOLLWAY, but not prior to May 1, 2022, the VILLAGE will pay to the ILLINOIS TOLLWAY in a lump sum an amount equal to 100% of its obligation incurred under this AGREEMENT based on actual final construction costs. E. Either the VILLAGE or the ILLINOIS TOLLWAY may request, after the construction contract(s) are let by the ILLINOIS TOLLWAY, that supplemental work that increases the total costs of the PROJECT, or more costly substitute work be added to the construction contract(s). The ILLINOIS TOLLWAY will cause said supplemental work or such substitute work to be added to the construction contract(s), provided that said work will not delay construction of the PROJECT. The PARTY requesting or causing said supplemental work or more costly substitute work shall pay for the cost increases of said work in full. VI. MAINTENANCE - DEFINITIONS A. With respect to this AGREEMENT, the term "local" means the VILLAGE. B. The term "local road" refers to any highway, road or street under the jurisdiction of the VILLAGE. C. As used herein, the terms "maintenance" or "maintain" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section VI, MAINTENANCE - RESPONSIBILITIES, other activities as more specifically set forth in the following subparts of this Section V. Maintenance includes but is not limited to: 5 1. "Routine maintenance" refers to the day-to-day pavement maintenance, pothole repair, anti -icing and de-icing, snow removal, sweeping, pavement marking, mowing, litter and debris removal, and grate and scupper cleaning and repair, including compliance with state laws and local ordinances. 2. "Structural maintenance" refers to the integrity of the grade separation structure, including abutments, bridge deck beams, bridge deck (except wearing surface), expansion joints, parapet walls and drainage structures. 3. "Signal maintenance" refers to all aspects of installation, repair, replacement, timing, and operation of traffic signals, including signal loops, signal supports or bases, interconnects to Ramp Queue Detection Warning Systems and power, but shall not include permanently installed variable message signs or temporary signals or signs relating to construction or repair projects. 4. "Lighting maintenance" refers to all aspects of installation, repair, replacement and operation of roadway lighting including power, but shall not include temporary lighting relating to construction or repair projects. 5. Emergency maintenance refers to any maintenance activity which must be performed immediately in order to avoid or to repair a condition on the roadway or right of way which causes or threatens imminent danger or destruction to roadway facilities or rights of way of the PARTIES hereto, to the motoring public, or to public health, safety or welfare, including but not limited to accident restoration, chemical or biological removal or remediation, or response to acts of God or terrorism. D. The term "drainage facilities" refers to both open and enclosed systems. The term drainage structures refers to enclosed systems only and includes those elements of the drainage facility affixed to the bridge superstructures downstream from the scupper. E. The terms "notify", "give notice" and "notification" refer to written, verbal or digital communication from one PARTY to the other another concerning a matter covered by this AGREEMENT; for which the PARTY transmitting the communication produces and retains a record which substantiates the content, date, time, manner of communication, identification of sender and recipient, and manner in which the recipient may respond to the sender, as to the communication. F. The terms "be responsible for" or "responsibility" refer to the obligation to ensure performance of a duty or provision of a service under this AGREEMENT, provided, that a PARTY may arrange for actual performance of the duty or provision of the service by another competent entity if the other PARTY to this on AGREEMENT is notified of such arrangement, but in no case shall the entity with the duty be relieved of ultimate responsibility for performance of the duty or provision of the service. G. The terms "consultation" or "consult with" refer to the duty of a PARTY to give notice to the other PARTY of a proposed action, with reasonable time for that PARTY to respond, but the PARTY with the duty to consult may proceed with the proposed action if the other PARTY does not respond within the time frame set forth in the notice provided, or in the case of the ILLINOIS TOLLWAY, it may proceed with the proposed action if deemed necessary by the Chief Engineering Officer. H. The term "approve" refers to the duty of a PARTY not only to consult with the other PARTY but also to provide consent for the proposed action and to retain a record which documents such consent. I. The term "grade separation structure" refers to all structural elements between the abutments and below the wearing surface of a bridge carrying one roadway over another, unless otherwise specified. VII. MAINTENANCE - RESPONSIBILITIES A. The ILLINOIS TOLLWAY agrees to maintain I-490 in its entirety, including Retaining Wall R-565 and R-567, drainage, and all other work constructed as part of the PROJECT. B. The VILLAGE agrees to be responsible for the cost differential that the ILLINOIS TOLLWAY incurs for maintaining the special elk shaped formliner on the west side of Retaining Wall R-567 and on the west side of Retaining Wall R- 565, subject to VILLAGE review and approval prior to expenditure, or any work the ILLINOIS TOLLWAY is including in the PROJECT for the VILLAGE at their request, in its entirety. VIII. GENERAL PROVISIONS A. The PARTIES understand and agree that this AGREEMENT constitutes the complete and exclusive statement of the PARTIES' agreement relative to the subject matter hereof and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter. B. Wherever in this AGREEMENT approval or review by either the VILLAGE or the ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld. 7 C. In a timely manner following execution of this AGREEMENT, each PARTY shall designate in writing a representative who shall serve as the full time representative of said PARTY during the carrying out of the execution of this AGREEMENT. Each representative shall have authority, on behalf of such PARTY, to make decisions relating to the work covered by this AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other PARTY. D. In the event of a dispute between VILLAGE and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT, the Chief Engineering Officer of the ILLINOIS TOLLWAY and the VILLAGE's Engineer of VILLAGE shall meet to resolve the issue. In the event they cannot mutually agree on the resolution of a dispute concerning the plans and specifications for the PROJECT or in the carrying out of the terms of this AGREEMENT, the decision of the Chief Engineering Officer of the ILLINOIS TOLLWAY shall be final. E. This AGREEMENT may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. Duplicated signatures, signatures transmitted via facsimile, or electronic signatures contained in a Portable Document Format (PDF) document shall be deemed original for all purposes. F. Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is 36-6009201 and it is doing business as a governmental entity, whose mailing address is 901 Wellington Avenue, Elk Grove Village, Illinois 60007. G. This AGREEMENT may only be modified by written instrument executed by duly authorized representatives of the PARTIES. H. This AGREEMENT and the covenants contained herein shall become null and void in the event the contract covering the construction work contemplated herein is not awarded within three (3) years after to the date this AGREEMENT is executed. I. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their respective successors and approved assigns. J. The failure by the ILLINOIS TOLLWAY or the VILLAGE to seek redress for violation of or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any such breach or subsequent breach of such covenants, terms, conditions, rights or remedies. No provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY or the VILLAGE unless such provision is waived in writing. K. It is agreed that the laws of the State of Illinois, except for conflict of law principles, shall apply to this AGREEMENT and in the event of litigation, venue and jurisdiction shall lie in the Circuit Court of DuPage County, Illinois and/or the United States District Court for the Northern District of Illinois, Eastern Division. L. The PARTIES shall maintain books and records relating to the performance of this AGREEMENT. Books and records, including infonnation stored in databases or other computer systems, shall be maintained by the PARTIES for a period of five (5) years from the later of the date of final payment under this AGREEMENT or completion of the work perfonned under this AGREEMENT. Books and records required to be maintained under this section shall be available for review or audit by representatives of the Auditor General, the Executive Inspector General, the Illinois Tollway Inspector General, State of Illinois internal auditors, the VILLAGE's auditor, the ILLINOIS TOLLWAY's auditor or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. 30 ILCS 500/20-65. M. The VILLAGE also recognizes that, pursuant to Section 8.5 of the Toll Highway Act (605 ILCS 10/8.5), the ILLINOIS TOLLWAY Inspector General ("OIG") has the authority to conduct investigations into certain matters including but not limited to allegations of fraud, waste and abuse and to conduct reviews. The VILLAGE will fully cooperate in any OIG audit investigation or review and shall not bill the ILLINOIS TOLLWAY for time relating to its cooperation. Cooperation includes (i) providing access to all information and documentation related to the performance of this AGREEMENT, and (ii) disclosing and making available all personnel involved in or connected with, or having knowledge of, the performance of this AGREEMENT. N. All written reports, notices and other communications related to this AGREEMENT shall be in writing and shall be personally delivered, mailed via certified mail, overnight mail delivery, or electronic mail delivery to the following persons at the following addresses: To the ILLINOIS TOLLWAY: The Illinois State Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineering Officer To the VILLAGE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager O. The introductory Recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. 9 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF ELK GROVE VILLAGE Attest: Craig B. Johnson Mayor Date: (Please Print Name) THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY an Jose R. Alvarez Executive Director Date: Approved as to Form and Constitutionality Lisa M. Conforti, Assistant Attorney General IGA #004704 Elk Grove Village_1-490 Formliner_For Signature_10.14.2021 10