HomeMy WebLinkAboutRESOLUTION - 72-24 - 11/19/2024 - YORK ROAD MULTI-USE PATH CONSTRUCTION AND MAINTENANCE INT GOVERNMENT AGREEMENTRESOLUTION NO.72-24
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE
AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE CONSTRUCTION AND
MAINTENANCE OF THE YORK ROAD MULTI -USE PATH
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 COUNTY OF DU PAGE
AND THE VILLAGE OF ELK GROVE VILLAGE
FOR THE CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES
OF CH 8/YORK ROAD MULTI -USE PATH
SECTION: 24-00171-09-FP
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 19t' day of November 2024
APPROVED this 19t' day of November 2024
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE
AND THE VILLAGE OF ELK GROVE VILLAGE
FOR THE CONSTRUCTION AND MAINTENANANCE RESPONSIBILITIES
OF CH 8/YORK ROAD MULTI -USE PATH
SECTION NO.: 24-00171-09-FP
This Intergovernmental Agreement (hereina ter referred to as
"AGREEMENT") is entered into this I q1K day of MUMIX,K , 2024,
between the County of DuPage (hereinafter referred to as the "COUNTY"),
a body corporate and politic, with offices at 421 North County Farm
Road, Wheaton, Illinois, and THE VILLAGE OF ELK GROVE VILLAGE
(hereinafter referred to as "ELK GROVE VILLAGE"), a municipal
corporation with offices at 901 Wellington Avenue, Elk Grove Village,
Illinois 60007. The COUNTY, and ELK GROVE VILLAGE are hereinafter
sometimes individually referred to as a "PARTY" or together as the
"PARTIES."
RECITALS
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
State Toll Highway Authority ("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; and
WHEREAS, the EOWA project includes the reconstruction of York Road
from south of Gateway Road to south of Devon Avenue ("PROJECT"); and
WHEREAS, the COUNTY requested that the TOLLWAY expand the PROJECT
to include the re -construction of the sidewalk on the west side of York
Road to a shared -use path and driveway apron from Pan -Am Boulevard to
Devon Avenue in ELK GROVE VILLAGE, Section #24-00171-09-FP (hereinafter
referred to as the "YORK ROAD PATH"), as shown in Exhibit A; and
WHEREAS, the COUNTY, and ELK GROVE VILLAGE desire to establish
their respective responsibilities toward engineering, right-of-way
acquisition, utility relocation, construction, funding, jurisdiction
and future maintenance responsibilities of the YORK ROAD PATH; and
WHEREAS, a cost estimate has been prepared for each of the PARTIES'
share of the YORK ROAD PATH, and the approximate costs are agreeable to
the PARTIES, as referenced in Exhibit B, attached hereto and
incorporated herein; and
WHEREAS, the COUNTY by virtue of its power set forth in "Counties
Code" (55 ILCS 5/5-1001 et seq.) and "Illinois Highway Code" (605 ILCS
5/5-101 et seq.) and ELK GROVE VILLAGE by virtue of its power set forth
in the "Illinois Municipal Code" (65 ILCS 5/1-1-1 et seq.) are
authorized to enter into this AGREEMENT; and
WHEREAS, a cooperative intergovernmental agreement is appropriate
and such an agreement is authorized and encouraged by Article 7, Section
10 of the Illinois Constitution and Intergovernmental Cooperation Act
(5 ILCS 220/1 et seq.).
NOW, THEREFORE, in consideration of the premises, the mutual
covenants, terms, and conditions herein set forth, and the
understandings of each PARTY to the other, the PARTIES do hereby
mutually covenant, promise and agree as follows:
1.0 INCORPORATION
1.1. All recitals set forth above are incorporated herein and made
part thereof, the same constituting the factual basis for
this AGREEMENT.
1.2. The headings of the paragraphs and subparagraphs of this
AGREEMENT are inserted for convenience of reference only and
shall not be deemed to constitute part of this AGREEMENT or
to affect the construction hereof.
2.0 SCOPE OF YORK ROAD PATH
2.1. The COUNTY and ELK GROVE VILLAGE agree to cooperate in and
make every effort to cause the construction of the YORK ROAD
PATH.
2.2. The YORK ROAD PATH includes construction of an 8-foot wide
shared -use path on the west side of York Road from Pan -Am
Boulevard to Devon Avenue in ELK GROVE VILLAGE.
3.0 RESPONSIBILITIES OF THE COUNTY AND ELK GROVE VILLAGE
3.1. The COUNTY, through a separate agreement with the TOLLWAY,
agreed that the TOLLWAY will assume the overall
responsibility and manage the PROJECT, which includes the
YORK ROAD PATH, in the best interest of all PARTIES. The
COUNTY, and ELK GROVE VILLAGE shall grant the TOLLWAY, its
employees, contractors and agents, a right -of -entry for
ingress and egress onto, over, under and above the PARTIES'
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 2 10.15.24
property within the boundaries of the PROJECT and the YORK
ROAD PATH for the purpose of constructing the PROJECT and
the YORK ROAD PATH, and consent to the TOLLWAY's request for
any and all permits, right of access (ingress and egress),
temporary use of PARTIES' property and right of way necessary
for the PROJECT and the YORK ROAD PATH without charge. The
PARTIES shall not unreasonably withhold any permit for right -
of -entry or temporary use of their property and right of way.
Upon completion of the PROJECT, the right -of -entry shall
terminate.
3.2. The COUNTY and ELK GROVE VILLAGE shall require the general
contractor selected for the YORK ROAD PATH to name the COUNTY
and ELK GROVE VILLAGE as an additional insured for the
Commercial General Liability as stated in the Special
Provisions section of the contract for the PROJECT and the
YORK ROAD PATH.
3.3. The COUNTY has agreed to reimburse the TOLLWAY one hundred
percent (100%) for the YORK ROAD PATH construction costs at
the actual cost incurred by the TOLLWAY. This actual cost
is the bid, or change order, unit price submitted by the
TOLLWAY' S contractor for the 8-foot-wide YORK ROAD PATH items
times the actual quantity of items installed as a part of
the YORK ROAD PATH authorized in writing or via e-mail by
the TOLLWAY.
The COUNTY will be responsible for the construction costs
for 5-feet of width (5/8 share) of the YORK ROAD PATH; and
3.3a. ELK GROVE VILLAGE agrees to reimburse the COUNTY for
construction costs for 3-feet of width (3/8 share) of
the YORK ROAD PATH that lies within the boundaries of
ELK GROVE VILLAGE, estimated to be $78,000.00. (See
EXHIBIT B.)
3.4 The COUNTY has agreed to reimburse the TOLLWAY for design
engineering based on five percent (5%) of the construction
costs for the YORK ROAD PATH; and
3.4a. ELK GROVE VILLAGE agrees to reimburse the COUNTY for
design engineering based on five percent (5%) actual
construction cost of 3-feet of width (3/8 share) of the
YORK ROAD PATH that lies within the boundaries of ELK
GROVE VILLAGE, estimated to be $3,900.00. (See EXHIBIT
B.)
3.5 The COUNTY has agreed to reimburse the
construction engineering based on ten percent
construction costs for the YORK ROAD PATH; and
TOLLWAY for
(10%) of the
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 3 10.15.24
3.5a. ELK GROVE VILLAGE agrees to reimburse the COUNTY for
construction engineering based on ten percent (10%)
actual construction cost of 3-feet of width (3/8 share)
of the YORK ROAD PATH that lies within the boundaries
of ELK GROVE VILLAGE, estimated to be $7,800.00. (See
EXHIBIT B.)
3.6. ELK GROVE VILLAGE will be responsible for acquiring all
easements, permanent and/or temporary, and all right-of-way
necessary for constructing the YORK ROAD PATH.
3.7. The COUNTY and the ELK GROVE VILLAGE acknowledge that when
the final plans are completed for the PROJECT, including
design of the PATHS, the PARTIES agree to accept said plans.
3.8. ELK GROVE VILLAGE agrees to pay the COUNTY eighty (80%)
percent of its share of the YORK ROAD PATH cost, including
design engineering and construction engineering costs, as
attached hereto in Exhibit B upon award of the contract for
the YORK ROAD PATH based upon as -bid unit prices within sixty
(60) days of receipt of a properly documented invoice from
the COUNTY.
3.9. Upon completion of the YORK ROAD PATH and based upon the
documentation of final costs and quantities, and a final
invoice, ELK GROVE VILLAGE agrees to reimburse the COUNTY
for the balance of their share of the YORK ROAD PATH cost
within sixty (60) days of receipt of a properly documented
invoice from the COUNTY.
4.0 MAINTENANCE
4.1 ELK GROVE VILLAGE, upon completion of the construction of the
YORK ROAD PATH, shall own, operate and maintain the entire
YORK ROAD PATH that lies within the boundaries of ELK GROVE
VILLAGE.
5.0 INDEMNIFICATION
5.1 The COUNTY shall, indemnify, hold harmless and defend ELK
GROVE VILLAGE, its officials, officers, employees, and agents
from and against all liability, claims, suits, demands,
proceedings and action, including costs, fees and expense of
defense, arising from, growing out of, or related to, any
loss, damage, injury, death, or loss or damage to property
resulting from, or connected with, the COUNTY'S negligent or
willful acts, errors or omissions in its performance under
this AGREEMENT to the extent permitted by law.
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 4 10.15.24
The COUNTY does not hereby waive any defenses or immunity
available to it with respect to third parties.
5.2 ELK GROVE VILLAGE shall, indemnify, hold harmless and defend
the COUNTY, its officials, officers, employees, and agents
from and against all liability, claims, suits, demands,
proceedings and action, including costs, fees and expense of
defense, arising from, growing out of, or related to, any
loss, damage, injury, death, or loss or damage to property
resulting from, or connected with, the VILLAGE'S negligent or
willful acts, errors or omissions in its performance under
this AGREEMENT to the extent permitted by law. The VILLAGE
does not hereby waive any defenses or immunity available to
it with respect to third parties.
5.3 The COUNTY and ELK GROVE VILLAGE acknowledge that none have
made representations, assurances or guaranties regarding
their or any successor's or assign's authority and legal
capacity to indemnify the other as provided for in this
AGREEMENT. In the event a court of competent jurisdiction
holds that any, or any successors or assigns, is deemed to
lack the lawful authority or ability to indemnify, defend or
hold harmless the other, or any person or entity claiming a
right through either, or in the event of change in the laws
of the State of Illinois governing their or any successor's
or assign's indemnification authority, such occurrence(s)
shall not affect the validity and enforceability of the
remainder of this AGREEMENT or the PARTIES' rights and
obligations provided for therein.
5.4 Nothing contained herein shall be construed as prohibiting
either the COUNTY, or ELK GROVE VILLAGE, its officials,
directors, officers, agents and employees, from defending
through the selection and use of their own agents, attorneys
and experts, any claims, suits, demands, proceedings and
actions brought against them. Pursuant to Illinois law, 55
ILCS 5/3-9005, any attorney representing the COUNTY, who is
not already an Assistant State's Attorney, is to be appointed
a Special Assistant State's Attorney, as provided in 55 ILCS
5/3-9008. The COUNTY or ELK GROVE VILLAGE's participation in
its defense shall not remove the other's duty to indemnify,
defend, and hold the other harmless, as set forth above.
5.5 Neither of the PARTIES waive, release or otherwise
compromise, by these indemnity provisions, any defenses or
protections under the Local Governmental and Governmental
Employees Tort Immunity Act (745 ILCS 10/1 et seq.) or
otherwise available to it, or to the other PARTIES, under the
law. There are no third -party beneficiaries of these mutual
indemnifications or this AGREEMENT.
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 5 10.15.24
5.6 Any indemnity as provided in this AGREEMENT shall not be
limited by reason of the enumeration of any insurance coverage
herein provided. Except with respect to occurrences arising
before the completion of the YORK ROAD PATH, ELK GROVE
VILLAGE, and the COUNTY'S indemnification under Section 5.0
hereof shall terminate when the YORK ROAD PATH is completed
and the COUNTY, and ELK GROVE VILLAGE assume their maintenance
responsibilities as set forth in Section 4.0 hereof.
6.0 GENERAL
6.1 It is understood and agreed by the PARTIES hereto that this
AGREEMENT is intended to address the YORK ROAD PATH and no
changes to existing roadway and appurtenance maintenance
and/or jurisdiction are proposed.
6.2 Whenever in this AGREEMENT, approval or review of either the
COUNTY or ELK GROVE VILLAGE is provided for, said approval or
review shall not be unreasonably delayed or withheld.
6.3 In the event of a dispute between the COUNTY and ELK GROVE
VILLAGE, and/or representatives, in the preparation of the
plans and specifications, or changes thereto, or in carrying
out the terms of this AGREEMENT, the County Director of
Transportation and Elk Grove Village Director of Public Works
shall meet and resolve the issue.
6.4 No later than fourteen (14) days after the execution of this
AGREEMENT, each PARTY shall designate a representative to the
other PARTY who shall serve as the full time representative
of said PARTY during the carrying out of the construction of
the YORK ROAD PATH. Each representative shall have authority,
on behalf of such PARTY, to receive notices and make
inspections relating to the work covered in this AGREEMENT.
Representatives shall be readily available to the other
PARTIES.
6.5 This AGREEEMENT may be executed in two or more counterparts,
each of which shall be deemed an original and all of which
shall be deemed one in the same instrument.
7.0 ENTIRE AGREEMENT
7.1 This AGREEMENT represents the entire AGREEMENT between the
PARTIES with respect to the YORK ROAD PATH and supersedes
all previous communications or understandings whether oral
or written.
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8.0 NOTICES
8.1 Any notice required shall be deemed properly given to the
PARTIES, to be notified at the time it is personally
delivered or mailed by certified mail, return receipt
requested, to the PARTIES' addresses. The address of each
PARTY is specified below. Either PARTY may change its
address for receiving notices by giving notices thereof in
compliance with the terms of this subsection.
Elk Grove Village Public Works
450 E. Devon Avenue
Elk Grove Village, Illinois 60007
ATTN: Colby Basham
Director of Public Works
Phone: 847-734-8800
Email: Cbasham@elkgrove.orq
County of DuPage
Division of Transportation
421 N. County Farm Road
Wheaton, IL 60187
ATTN: Stephen M. Travia, P.E.
Director of Transportation
Phone: 630.407.6900
Email: stephen.travia@dupagecounty.gov
9.0 AMENDMENTOR MODIFICATION OF THIS AGREEMENT
9.1 No modification or amendment to this AGREEMENT shall be
effective until approved by the PARTIES in writing.
10.0 NON -ASSIGNMENT
10.1 This AGREEMENT shall not be assigned by any of the PARTIES
without the written consent of the other PARTIES, whose
consent shall not be unreasonably withheld.
11.0 AUTHORITY TO EXECUTE/RELATIONSHIP
11.1 The PARTIES hereto have read and reviewed the terms of
this AGREEMENT and by their signature as affixed below
represent that the signing PARTY has the authority to
execute this AGREEMENT and that the PARTIES intend to be
bound by the terms and conditions contained herein.
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 7 10.15.24
11.2 This AGREEMENT shall not be deemed or construed to create
an employment, joint venture, partnership or other agency
relationship between the PARTIES.
12.0 GOVERNING LAW
12.1 This AGREEMENT shall be governed by the laws of the State
of Illinois as to both interpretation and performance.
12.2 The forum for resolving any disputes concerning the
PARTIES' respective performance, or failure to perform,
under this AGREEMENT, shall be the Judicial Circuit Court
for DuPage County.
13.0 SEVERABILITY
13.1 In the event any provision of this AGREEMENT is held to be
unenforceable or invalid for any reason, the
enforceability thereof shall not affect the remainder of
the AGREEMENT. The remainder of this AGREEMENT shall be
construed as if not containing the particular provision
and shall continue in full force, effect, and
enforceability, in accordance with its terms.
14.0 FORCE MAJEURE
14.1 None of the PARTIES shall be liable for any delay or non-
performance of their obligations caused by any contingency
beyond their control including but not limited to Acts of
God, war, civil unrest, strikes, walkouts, fires or
natural disasters.
15.0 COUNTERPARTS
15.1 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 in the same
instrument.
(Remainder of this page left intentionally blank)
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 8 10.15.24
IN WITNESS whereof, the PARTIES set their hands and seals as of
the date first written above.
COUNTY OF DU PAGE
Deborah A. Conroy, Chair
DuPage County Board
ATTEST:
Jean Kaczmarek
County Clerk
ATTEST:
Lor ie Murphy
Village Clerk
IGA YORK ROAD PATH -ELK GROVE VIL 24-00171-09-FP 9 10.15.24
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Progress
LEGEND
Proposed Shared Use Path Limits
Path in Elk Grove Village (Replacement)
Path in Villlage of Bensenville (New)
Path in Villlage of Bensenville
(Replacement)
Other Illinois Tollway Improvements
I County Boundary
O Municipal Boundary
Foster Ave ,$
Gateway Rd .-
1 �
NMI -
York Road Path (Sidewalk Replacement) -
Pan Am Blvd to Devon Ave in Elk Grove Villag
RW 9C/27C
Chicago A
In'�
RW 9R/27L
t
• 4�"` low
•4�ll" OWN
ate. .
New York Road Path - South Thornda/e Ave
to Ramp Q5 in the Village of Bensenville
leO4 .1
International '
Airport
r
York Road Path (Sidewalk Replacement) -
Gateway Rd to South Thorndale Ave
in the Village of Bensenville
� i • 1
RW 10U28R
RW 10C/28C
- Des
S�ftll or Park
0 500 1,000 2,000
Feet
Elgin O'Hare
Western Access
ORtinR2
EXHIBIT A
Elgin O'Hare Western Access
York Road Reconstruction
Proposed Shared Use Path Along York Rd
July 31, 2024
Area0flnterest.aprx layout MS_JEG Kl3N19-AandB 8/24/2023
EXHIBIT B
ELK GROVE VILLAGE ESTIMATE OF COSTS FOR YORK ROAD PATH
ESTIMATED
DuPAGE
VILLAGE OF ELK
COSTS
COUNTY
GROVE VILLAGE
SHARE
SHARE
Construction
$208,000
$130,000
$78,000
YORK ROAD PATH
(PanAm to Devon)
Design Engineering
$10,400
$6,500
$3,900
Construction Engineering
$20,800
$13,000
$7,800
TOTAL RESPONSIBILITIES FOR PATH $239,200 $149,500 $89,700