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HomeMy WebLinkAboutRESOLUTION - 53-23 - 10/24/2023 - ILLINOIS TOLLWAY IGA-MANHOLE LINING AGREEMENTRESOLUTION NO. 53-23 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 (EGV-TOLLWAY IGA MANHOLE LINING) 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: 5 NAYS: 0 ABSENT: 1 PASSED this 24th day of October 2023 APPROVED this 241h day of October 2023 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." RECITALS: WHEREAS, the ILLINOIS TOLLWAY, in order to facilitate the free flow of traffic and enhance the safety of the motoring public is improving certain portions of the toll highway system, including but not limited to the construction of 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, as set forth in various construction contracts, including but not limited to ILLINOIS TOLLWAY Contract I-21-4746, Advance Touhy Avenue Roadway and Drainage Improvements, which includes the relocation of water main and sanitary service and all other work necessary to complete the contract in accordance with the approved plans and specifications ("PROJECT"); WHEREAS, the PROJECT includes the construction of a four (4) inch sanitary force main and lift station to be owned and maintained by the City of Des Plaines that will discharge to the existing VILLAGE sanitary sewer system via a connection along Old Higgins Road and Carmen Drive ("CITY TO VILLAGE SANITARY CONNECTION"), as depicted in EXHIBIT l; WHEREAS, the VILLAGE and City of Des Plaines may enter into a separate intergovernmental agreement to outline their respective responsibilities relative to the CITY TO VILLAGE SANITARY CONNECTION installation work; WHEREAS, the VILLAGE has identified forty-one (41) existing VILLAGE sanitary manholes which are a part of the VILLAGE sanitary system; WHEREAS, reducing inflow and infiltration ("I&I") within the VILLAGE sanitary system through the rehabilitation of existing manholes will add capacity and resiliency to the VILLAGE's sanitary sewer system thus making capacity available for the PROJECT improvements including installation of the CITY TO VILLAGE SANITARY CONNECTION; WHEREAS, the VILLAGE is currently rehabilitating several manholes within the VILLAGE under construction contract PW-2324-07, 2023 Manhole Rehabilitation ("VILLAGE PROJECT"); WHEREAS, by this AGREEMENT, the PARTIES desire to determine and establish their respective responsibilities toward engineering, right of way acquisition, utility relocation, construction, funding, maintenance and jurisdiction of the PROJECT including installation of the CITY TO VILLAGE SANITARY CONNECTION; 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; WHEREAS, the VILLAGE, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., is authorized to enter into this AGREEMENT; and 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 foregoing and the mutual covenants contained herein, the PARTIES agree as follows: I. ENGINEERING The ILLINOIS TOLLWAY agrees to perform preliminary and final design engineering, obtain necessary surveys and prepare the final plans and specifications for the PROJECT. The ILLINOIS TOLLWAY shall submit the plans and specifications to the VILLAGE for review and comment at the final stage of plan preparations. II. RIGHT OF WAY A. The ILLINOIS TOLLWAY shall perform all survey work and prepare all parcel plats and legal descriptions for all right of way necessary for construction of the PROJECT pursuant to the plans and specifications. B. No transfer of property interests between the PARTIES is required 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 and agreed by the PARTIES that there will be no exchange of any property interests pursuant to this AGREEMENT. III. UTILITY RELOCATION The ILLINOIS TOLLWAY agrees to perform any necessary utility coordination for the PROJECT. 2 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. The VILLAGE agrees to add the rehabilitation of forty-one (41) existing sanitary manholes within the VILLAGE sanitary sewer system to the VILLAGE PROJECT in order to reduce I&I and add capacity required for the PROJECT, described as "MANHOLE REHABILITATION" and depicted in EXHIBIT 2. C. The VILLAGE is responsible for the construction and construction engineering for said MANHOLE REHABILITATION. D. The PARTIES' intent is to proceed with construction of the PROJECT and MANHOLE REHABILITATION upon execution of this AGREEMENT expeditiously and concurrently. E. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Article VII.L. of this AGREEMENT. V. FINANCIAL A. The PARTIES mutually agree that the total estimated cost for the MANHOLE REHABILITATION is $153,375.00. B. It is further agreed that notwithstanding the estimated cost, the ILLINOIS TOLLWAY shall be responsible for the actual cost of the MANHOLE REHABILTATION as identified by the PARTIES. C. The PARTIES agree that upon receipt of an invoice from the VILLAGE, the ILLINOIS TOLLWAY shall pay the VILLAGE for the construction of the MANHOLE REHABILITATION upon completion of work. The payment shall be made within forty-five (45) calendar days of receipt of the invoice from the VILLAGE by the ILLINOIS TOLLWAY. VI. MAINTENANCE —RESPONSIBILITIES A. The VILLAGE shall continue to maintain all portions of the VILLAGE sanitary system, including the existing manhole at the CITY TO VILLAGE SANITARY CONNECTION. B. During construction, each PARTY shall continue to maintain its existing maintenance/jurisdictional responsibilities unless otherwise maintained by the construction contractor(s) during construction pursuant to approved plans and specifications. 3 C. The ILLINOIS TOLLWAY shall enter into separate intergovernmental agreements, as required, with the City of Chicago and the City of Des Plaines for the PROJECT. VII. GENERAL PROVISIONS A. It is understood and agreed by the PARTIES that each shall obtain or retain jurisdiction of their respective facilities that may be affected by the PROJECT, except as otherwise expressly provided for in this AGREEMENT. For purposes of this AGREEMENT, jurisdiction shall mean the authority and obligation to administer, control, construct, maintain and operate. B. This AGREEMENT constitutes the complete and exclusive statement of the PARTIES' agreements relative to the subject matter herein and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter. C. Wherever in this AGREEMENT approval or review by any of the PARTIES is provided for, said approval or review shall not be unreasonably delayed or withheld. D. 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 term 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. E. In the event of a dispute between the PARTIES in the performance of this AGREEMENT, the Chief Engineering Officer of the ILLINOIS TOLLWAY, and the Village Manager of the VILLAGE, or their authorized designees, shall meet to resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning carrying out of this AGREEMENT, the decision of the Chief Engineering Officer of the ILLINOIS TOLLWAY shall be final. F. This AGREEMENT may be executed using electronic signatures and 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. G. This AGREEMENT may only be modified in writing, which writing must be executed by duly authorized representatives of the PARTIES and the Illinois Attorney General. H. Unless otherwise agreed to in writing by all PARTIES, this AGREEMENT shall become null and void if the contracts covering the construction work contemplated herein are not completed within two (2) years of the date this AGREEMENT is executed. 4 I. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their respective successors and approved assigns. No PARTY may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its duties, obligations and/or responsibilities as set forth in this AGREEMENT without first obtaining the express written consent and permission of the other PARTY, except as otherwise provided in this AGREEMENT. The failure by the PARTIES to seek redress for violation of any condition or covenant of this AGREEMENT, or the failure of either PARTY to insist upon strict performance of any condition or covenant of this AGREEMENT, shall not constitute a waiver of any such breach or subsequent breach of such conditions, covenants, terms, rights and remedies. No provision of this AGREEMENT shall be deemed waived by either PARTY unless such provision is waived in writing. K. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. In the event of litigation, venue and jurisdiction shall lie exclusively in the Circuit Court of DuPage County. L. 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 Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineering Officer mnashif(a), getipass. com To the VILLAGE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager MRoan ,elk rog ve.org A The PARTIES shall maintain books and records related to the performance of this AGREEMENT for a minimum of five (5) years from the last action taken pursuant to this AGREEMENT, including documents sufficient to verify the amounts, recipients and uses of all funds disbursed in conjunction with or pursuant to the terms of this AGREEMENT. The PARTIES further agree to cooperate fully with any audit and to make their books and records, and books and records within their custody or control available to the Illinois Attorney General, the Illinois Auditor General, the Illinois Tollway Inspector General ("IG"), VILLAGE auditors, State of Illinois internal auditors, the ILLINOIS TOLLWAY Department of Internal Audit, the ILLINOIS TOLLWAY or any other governmental entity with monitoring authority, upon reasonable notice and during normal business hours. N. The VILLAGE recognizes that pursuant to Section 8.5 of the Toll Highway Act, 605 ILCS 10/8.5, the IG is authorized to conduct investigations into certain matters, including but not limited to allegations of fraud, waste and abuse, and to conduct reviews. The VILLAGE shall fully cooperate in any IG investigation or review and shall not bill the ILLINOIS TOLLWAY for such time. 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. O. All matters set forth in the Recitals are agreed to, and the PARTIES understand the Recitals are part of this AGREEMENT. P. This AGREEMENT terminates upon the earlier of (i) the ILLINOIS TOLLWAY's reimbursement of the costs identified in Article V.A., or (ii) two (2) years after its full execution date. Notwithstanding the foregoing, all maintenance terms, terms requiring cooperation and terms intended to continue after termination, expressly excluding financial terms, will survive termination of this AGREEMENT and will remain in full force and effect unless otherwise amended as identified in Article VII.G. SIGNATURE PAGE TO FOLLOW IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated below. THE VILLA411JE OF EjCK GROVE VILLAGE LIM Craig? Mayor Attest Nameid 4 o—e v (Please Print ame Date: /1� ` (!�? "Z -,-? Date: / THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By. Q Arnaldo Rivera Chairman/CEO Date: 10/28/2023 Approved as to Form and Constitutionality Assistant Attorney General Elk Grove viIlage_Manhole Lining_For Signature_10.09.2023 Al A-A/4,y�5 Letter ANSI A Landscape May 2, 2023 ;—a Cpen Nagwn i ', _ 0 0.07 016 0 3 mf i 3 0,25 a.s am 4 •.� n. .1!1, W.f I L': M 1:n :etc-;^i•� .—T- 11 NEUN Sj 15as CIA %>s JS EXHIBIT 2 MANHOLE REHABILITATION Manhole Locations Tributary to VILLAGE SANITARY CONNECTION