HomeMy WebLinkAboutRESOLUTION - 17-25 - 3/11/2025 - STATE OF ILLINOIS AGREEMENT I-490 WEST SIDE OF O'HARE
RESOLUTION NO. 17-25
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 (I-490 WEST SIDE OF O’HARE)
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 11th day of March 2025
APPROVED this 11th day of March 2025
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
RES_IGA, IL TOLLWAY, I-490
1
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 constructing I-490 along the west side of O’Hare
International Airport connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State
Tollway (I-294) as part of the Elgin O’Hare Western Access Project as set forth in various
construction contracts, including ILLINOIS TOLLWAY Construction Contract Nos. I-21-4746,
N19-B and I-24-4979 (“PROJECT”);
WHEREAS, as part of the PROJECT and pursuant to Contract No. I-21-4746, the
ILLINOIS TOLLWAY is installing a four (4) inch sanitary force main with connection to the
VILLAGE’s sanitary sewer system near the intersection of Old Higgins Road and Carmen Drive
(“SANITARY CONNECTION”), see attached EXHIBIT A;
WHEREAS, the SANITARY CONNECTION will result in additional sanitary flow to the
VILLAGE’s sanitary sewer system, and the VILLAGE, by an intergovernmental agreement with
the City of Des Plaines to be executed separately, agrees to accept the additional sanitary flow
discharge to its sanitary sewer system;
WHEREAS, as part of the PROJECT and pursuant to Contract No. N19-B, the ILLINOIS
TOLLWAY is installing a shared use path (“SHARED USE PATH”) and water main lining along
York Road from Pan Am Boulevard to Devon Avenue (“WATER MAIN LINING”), see attached
EXHIBIT A;
WHEREAS, the ILLINOIS TOLLWAY, by a separate intergovernmental agreement with
DuPage County, executed November 16, 2023, established its responsibilities concerning right-
of-way acquisition, utility relocation and funding of the SHARED USE PATH (“COUNTY IGA”);
WHEREAS, the VILLAGE has identified an area near Arlington Heights Road and the I-
90 interchange adjacent to the Elk Grove Cemetery where drainage improvement work is
necessary to re-establish and improve stormwater conveyance to the east (“I-90 DRAINAGE
WORK”);
WHEREAS, as part of the PROJECT and pursuant to Contract No. I-24-4979, the
ILLINOIS TOLLWAY plans to perform the I-90 DRAINAGE WORK, including re-grading the
foreslope and installing an inlet structure;
2
WHEREAS, the Cook County Department of Transportation and Highways (“COOK
COUNTY”) is implementing improvements along Elmhurst Road from Touhy Avenue to
Greenleaf Avenue and along Touhy Avenue from Elmhurst Road to Mount Prospect Road,
including the construction of a quadrant bypass along Old Higgins Road east of Elmhurst Road
(“TOUHY AVENUE IMPROVEMENTS”);
WHEREAS, the ILLINOIS TOLLWAY acquired right-of-way for the TOUHY AVENUE
IMPROVEMENTS, a portion of which, specifically, the acquired right-of-way at Old Higgins
Road east of Elmhurst Road designated ILLINOIS TOLLWAY Parcel No. NW-7A-12-101.EX3
(“NW-7A-12-101.EX3”), likely is not needed in connection with the maintenance and operation
of the toll highway system, see attached EXHIBIT A;
WHEREAS, the VILLAGE requests to acquire NW-7A-12-101.EX3 after COOK
COUNTY completes the TOUHY AVENUE IMPROVEMENTS;
WHEREAS, after the TOUHY AVENUE IMPROVEMENTS are complete, the
VILLAGE also is interested in acquiring a portion of right-of-way located west of Elmhurst Road
from the Illinois Department of Transportation (“IDOT), see attached EXHIBIT A;
WHEREAS, the ILLINOIS TOLLWAY does not have the jurisdiction or authority to
convey or vacate right-of-way located west of Elmhurst Road, but it does not object to any action
IDOT may take, in its sole discretion, to convey or vacate such property;
WHEREAS, the PARTIES desire to determine and establish their respective
responsibilities regarding design engineering, construction, right-of-way, and maintenance of the
SANITARY CONNECTION, SHARED USE PATH, WATER MAIN LINING and I-90
DRAINAGE WORK (collectively, “VILLAGE WORK”);
WHEREAS, the PARTIES agree there is no cost to the VILLAGE for design engineering,
construction and construction engineering of the VILLAGE WORK as part of this AGREEMENT.
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 5/1-1-1, 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 Recitals and the mutual covenants
herein, the PARTIES agree as follows:
I. ENGINEERING
3
A. The ILLINOIS TOLLWAY agrees to perform preliminary and final design engineering
and obtain necessary surveys for the VILLAGE WORK and prepare final plans and
specifications for the VILLAGE WORK (“VILLAGE WORK PLANS”).
B. The ILLINOIS TOLLWAY shall provide an electronic copy of the VILLAGE WORK
PLANS to the VILLAGE.
C. The VILLAGE shall review the VILLAGE WORK PLANS within fifteen (15) calendar
days of receipt thereof. In the event the VILLAGE disapproves of the VILLAGE WORK
PLANS, the VILLAGE shall detail in writing its objections to the ILLINOIS TOLLWAY
for review and consideration. If the ILLINOIS TOLLWAY does not receive a written
response from the VILLAGE within this time period, the lack of response shall be deemed
approval of the VILLAGE WORK PLANS by the VILLAGE.
D. Any dispute concerning the VILLAGE WORK PLANS shall be resolved in accordance
with Article VIII.C of this AGREEMENT.
E. The ILLINOIS TOLLWAY agrees to assume the overall VILLAGE WORK responsibility,
including ensuring that all permits and approvals (including but not limited to U.S. Army
Corps of Engineers, Illinois Department of Natural Resources, Metropolitan Water
Reclamation District of Greater Chicago, Department of Environmental Concerns and
Division of Highways, Illinois Environmental Protection Agency, etc.) and joint
participation and/or force account agreements (County, Township, Municipal, Railroad,
Utility, etc.), as may be required, are secured for the VILLAGE WORK. The PARTIES
agree to cooperate, insofar as their individual jurisdictional authorities allow, with the
timely acquisition and clearance of said permits and approvals and comply with all
applicable federal, state, and local regulations and requirements for the VILLAGE WORK.
II. RIGHT OF WAY
A. In conjunction with the VILLAGE WORK, the VILLAGE shall, upon full execution of
this AGREEMENT, grant and consent to any and all permits, rights of access (ingress and
egress), temporary use of its property and right-of-way to the ILLINOIS TOLLWAY, at
no cost to the ILLINOIS TOLLWAY, for the purpose of the VILLAGE WORK.
B. After COOK COUNTY completes the TOUHY AVENUE IMPROVEMENTS, the
ILLINOIS TOLLWAY agrees to transfer NW-7A-12-101.EX3 to the VILLAGE, subject
to the ILLINOIS TOLLWAY’s Excess Property Policy.
C. The ILLINOIS TOLLWAY acknowledges the VILLAGE’s interest in acquiring right-of-
way located west of Elmhurst Road. The ILLINOIS TOLLWAY does not have the
jurisdiction or authority to convey or vacate this right-of-way, but it does not object to any
action IDOT may take, in its sole discretion, to convey or vacate such property.
III. UTILITIES
4
A. The ILLINOIS TOLLWAY is responsible for utility coordination and relocation, as
necessary, for the SANITARY CONNECTION, WATER MAIN LINING and I-90
DRAINAGE WORK, including identifying utility adjustments and making all reasonable
efforts to minimize the number of utility adjustments in the design of improvements.
B. The responsibilities for utility coordination and relocation required for the SHARED USE
PATH are defined in the COUNTY IGA.
C. At all locations where utilities are located on the VILLAGE’s right-of-way and must be
adjusted or relocated due to the SANITARY CONNECTION, WATER MAIN LINING
and I-90 DRAINAGE WORK, the VILLAGE agrees to cooperate with the ILLINOIS
TOLLWAY in making arrangements with the applicable utility and agrees to issue all
permits for the requisite adjustment(s) at no cost to the ILLINOIS TOLLWAY.
IV. CONSTRUCTION
A. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction
engineering inspections and cause the VILLAGE WORK to be constructed in accordance
with the VILLAGE WORK PLANS.
B. The ILLINOIS TOLLWAY agrees to use its best efforts to complete the I-90 DRAINAGE
WORK as soon as possible upon execution of this AGREEMENT.
C. After award of the construction contracts, the ILLINOIS TOLLWAY shall submit any
proposed deviation from the VILLAGE WORK PLANS that impact the VILLAGE to the
VILLAGE for its approval prior to commencing work on such proposed deviation. If the
VILLAGE does not accept the proposed deviation to the VILLAGE WORK PLANS, the
VILLAGE shall detail in writing its specific objections. If the ILLINOIS TOLLWAY does
not receive a written response from the VILLAGE within fifteen (15) calendar days after
delivery to the VILLAGE of the proposed deviation, the proposed deviation shall be
deemed approved by the VILLAGE.
D. The VILLAGE and its authorized agents shall have all reasonable rights of inspection
(including pre-final and final inspection) while the ILLINOIS TOLLWAY is performing
the VILLAGE WORK. The VILLAGE shall assign personnel to perform inspections on
behalf of the VILLAGE and shall deliver written notice to the ILLINOIS TOLLWAY’s
Chief Engineering Officer, in accordance with Article VIII.I, advising the ILLINOIS
TOLLWAY as to the identity of the individual(s) assigned to perform said inspections.
E. The ILLINOIS TOLLWAY shall notify the VILLAGE upon completion of 70% and 100%
of the VILLAGE WORK, and the VILLAGE shall inspect the VILLAGE WORK not later
than fourteen (14) calendar days after receiving said notice. If the VILLAGE does not
perform a final inspection within fourteen (14) calendar days after receiving notice of 100%
completion of the VILLAGE WORK and the PARTIES do not agree to any other
inspection arrangements, the VILLAGE WORK shall be deemed accepted by the
5
VILLAGE. At the request of the VILLAGE, the ILLINOIS TOLLWAY's representative
shall attend inspection(s). 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 ILLINOIS TOLLWAY’s Chief Engineering Officer. Deficiencies thus
identified shall be subject to joint re-inspection upon completion of any necessary
corrective work. The PARTIES 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
Section 109.06 Canceled Items Provision of the most current edition of the ILLINOIS
TOLLWAY Supplemental Specifications to the Illinois Department of Transportation
Standard Specifications for Road and Bridge Construction. Notwithstanding the foregoing,
the ILLINOIS TOLLWAY shall perform the VILLAGE WORK as identified in this
AGREEMENT.
V. MAINTENANCE – DEFINITIONS
For purposes of this AGREEMENT:
A. “Maintenance” or “maintain” mean to keep the facility being maintained in good and
sufficient repair and appearance. Such maintenance includes full responsibility for the
construction, removal and replacement of the maintained facility when needed and, unless
specifically excluded in Article VI, other activities as more specifically set forth in the
following subparts of this Article V, including but not limited to:
1. “Routine maintenance” refers to 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. “Emergency maintenance” refers to any maintenance activity that must be performed
immediately in order to avoid or to repair a condition on the roadway or right-of-way
that causes or threatens imminent danger or destruction to (i) roadway facilities or right-
of-way of the PARTIES or (ii) the public, including but not limited to accident
restoration, chemical or biological removal or remediation; or response to acts of God
or terrorism.
3. “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.
6
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.
B. “Drainage facilities” refer to both open and enclosed systems. "Drainage structures" refer
to enclosed systems only and include those elements of the drainage facility affixed to the
bridge superstructures downstream from the scupper.
C. “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.
D. “Notify, ” “give notice” and “notification” refer to written, verbal or digital communication
from one PARTY to the other PARTY concerning a matter covered by this AGREEMENT.
The PARTY transmitting the communication shall create and retain a record that
substantiates the content, date, time, manner of communication, identification of sender
and recipient and manner in which the recipient may respond to the sender.
E. “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 AGREEMENT is notified of such arrangement. Under
no circumstances shall the PARTY with the duty or responsibility for the service be
relieved of ultimate responsibility for performance of the duty or provision of the service.
F. “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. The
PARTY with the duty to consult may proceed with the proposed action if the other PARTY
does not respond within the time period set forth in the notice or, in the case of the
ILLINOIS TOLLWAY, the ILLINOIS TOLLWAY may proceed with the proposed action
if deemed necessary by the ILLINOIS TOLLWAY’s Chief Engineering Officer.
G. “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 when appropriate and to retain a record that
documents such consent.
VI. MAINTENANCE – RESPONSIBILITIES
A. The ILLINOIS TOLLWAY shall retain jurisdiction of and continue to maintain I-90,
inclusive of the I-90 DRAINAGE WORK, and I-490, in its entirety.
B. The VILLAGE shall retain jurisdiction of and continue to maintain the VILLAGE’s
sanitary sewer system, inclusive of the SANITARY CONNECTION and WATER MAIN
LINING, and by separate agreement, the SHARED USE PATH, in its entirety.
7
VII. ADDITIONAL MAINTENANCE PROVISIONS
A. During construction, the VILLAGE shall continue to maintain all portions of the
VILLAGE sanitary sewer system, sidewalks or shared use paths, VILLAGE water main
system within VILLAGE right-of-way that are not to be improved or maintained by the
ILLINOIS TOLLWAY’s construction contractor(s) pursuant to the approved plans and
specifications, and the ILLINOIS TOLLWAY shall continue to maintain all portions of I-
490 that are not required to be maintained by their construction contractor(s).
B. All items which are stipulated in this AGREEMENT to be maintained by the VILLAGE
shall, upon completion of construction and final inspection, be the sole maintenance
responsibility of the VILLAGE. All items which are stipulated in this AGREEMENT to
be maintained by the ILLINOIS TOLLWAY shall, upon completion of construction, be
the sole maintenance responsibility of the ILLINOIS TOLLWAY.
VIII. GENERAL PROVISIONS
A. Wherever in this AGREEMENT approval or review by either of the PARTIES is provided
for, said approval or review shall not be unreasonably delayed or withheld.
B. 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 performance 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.
C. In the event of a dispute between the PARTIES regarding the VILLAGE WORK, and/or
in the carrying out of the terms of this AGREEMENT, the ILLINOIS TOLLWAY’s Chief
Engineering Officer and the VILLAGE’s Village Manager shall meet to resolve the issue.
If the Chief Engineering Officer and the Village Manager cannot agree on the resolution
of the dispute, the Executive Director of the ILLINOIS TOLLWAY and the Mayor of the
VILLAGE will meet to resolve the issue.
D. 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.
E. This AGREEMENT may be modified only by written instrument executed by duly
authorized representatives of the PARTIES and the Illinois Attorney General.
F. 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
8
the express written consent and permission of the other PARTY and the Illinois Attorney
General, except as otherwise provided in this AGREEMENT.
G. The failure by either PARTY to seek redress for violation of, or to insist upon strict
performance of, any condition, covenant or provision of this AGREEMENT shall not
constitute a waiver of any breach or subsequent breach of such conditions, covenants or
provisions. No provision of this AGREEMENT shall be deemed waived unless such
provision is waived in writing by the PARTY charged with waiver.
H. This AGREEMENT shall be governed and construed in accordance with the laws of the
State of Illinois, without regard to conflict of law principles. In the event of a dispute
regarding this AGREEMENT, venue and jurisdiction shall lie exclusively in the Circuit
Court of DuPage County, Illinois and/or the United States District Court for the Northern
District of Illinois, Eastern Division.
I. All written reports, notices and other communications related to this AGREEMENT shall
be in writing and shall be personally delivered, or mailed via certified mail, overnight mail
delivery or electronic mail delivery, to the following persons, or their designees, 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
mnashif@getipass.com
To the VILLAGE: The Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
Attn: Village Manager
mroan@elkgrove.org
J. The PARTIES shall maintain books and records related to 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, and recipients 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’s Department of
Internal Audit, the ILLINOIS TOLLWAY or any other governmental entity with
monitoring authority, upon reasonable notice and during normal business hours.
K. 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. The VILLAGE will fully cooperate in any
9
IG investigation and shall not bill the ILLINOIS TOLLWAY for such time. Cooperation
includes, unless prohibited by law, (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, connected with or having knowledge of, the
performance of this AGREEMENT.
L. All matters set forth in the Recitals are agreed to, and the PARTIES understand the Recitals
are part of this AGREEMENT.
SIGNATURE PAGE TO FOLLOW
IN WITNESS THEREOF. the PARTIES have executed this AGREEMENT on the dates
indicated below.
THE GROVE \TILLAGE
/tm-4e*9By:
Date:
Craig B
Mayor
ohnson
n
Attest:
Date 3-/3 -){
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
By:Date
Amaldo Rivera
Chairman/CEO
Approved as to Form and Constitutionality
Assistant Attorney General
IGA loll*ay-Ell Crole Villag. EOWA Responsibiliti.s For SiElutm 01.21.2025
l0
Elk Grove
Village
Des Plaines
Chicago
Unincorporated
Cook County
Unincorporated
Cook County
Elk Grove
Village
Elk Grove
Village
Chicago
§¨¦490Carmen DrOld Higgin
s
R
d
Touhy AveILLINOIS
72Elmhurst RdO
l
d
H
i
g
g
i
n
s
R
d
Elgin O'Hare
Western Access
0 340 680170
Feet
LEGEND
Community Boundary
IGA_Touhy.aprx layout: Touhy_IN02_Water_v3 8/2/2024
Elk Grove
Village
§¨¦490
American LnPan Am Blvd York RdDelta LnDevon Ave
SANITARY CONNECTION
Contract I-21-4746
4" Sanitary Forcemain
Old Hi
g
g
i
n
s
R
d
INSET A
Inset A
Contract I-21-4746 Sanitary Sewer
EOWA Project Improvements
WATERMAIN LINING and
SHARED USE PATH Limits
WATERMAIN LINING and SHARED
USE PATH
PARCEL
NW-7A-12-101.EX3
Greenleaf Ave
IDOT
Right-of-Way
Exhibit A
Illinois Tollway and Elk Grove Village
Intergovernmental Agreement
Project Location Map