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HomeMy WebLinkAboutRESOLUTION - 36-17 - 6/20/2017 - Tollway Agreement I-90 Restruction - /ElmhurstRd RESOLUTION NO. 36-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY,ILLINOIS DEPARTMENT OF TRANSPORTATION,THE CITY OF DES PLAINES,THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF MOUNT PROSPECT 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, THE ILLINOIS DEPARTMENT OF TRANSPORTATION, THE CITY OF DES PLAINES, THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF MOUNT PROSPECT 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 20th day of June 2017. APPROVED this 20th day of June 2017. 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, THE ILLINOIS DEPARTMENT OF TRANSPORTATION, THE CITY OF DES PLAINES, THE VILLAGE OF ELK GROVE VILLAGE, AND THE VILLAGE OF MOUNT PROSPECT This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this _(, — day of Lt..k4 2017, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITV, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "ILLINOIS TOLLWAY", the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT", the CITY OF DES PLAINES, a municipal corporation of the State of Illinois, hereinafter called "DES PLAINES", the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, hereinafter called "ELK GROVE", and the VILLAGE OF MOUNT PROSPECT, a municipal corporation of the State of Illinois, hereinafter called "MOUNT PROSPECT", individually referred to as "PARTY", and collectively referred to as "PARTIES". WITNESSETH: WHEREAS,the DEPARTMENT and the ILLINOIS TOLLWAY after extensive study and analysis agreed that the Elgin O'Hare Expressway should be rehabilitated, constructed and operated as a tolled facility; and WHEREAS, the DEPARTMENT and the ILLINOIS TOLLWAY executed a Memorandum of Understanding on June 15, 2012 (hereinafter referred to as the "MOU" concerning the "Elgin O'Hare West Bypass"; and WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, intends to improve the Elgin O'Hare Expressway, extending the expressway from its eastern terminus at Rohlwing Road (Illinois Route 53) to O'Hare International Airport (ORD) to be known in its entirety as Illinois Route 390, and constructing the Western Access connecting the Jane Addams Memorial ILLINOIS TOLLWAY (1-90) with the Tri-State ILLINOIS TOLLWAY (I- 294) (hereinafter sometimes referred to as the Elgin O'Hare Western Access "EOWA"), and included in multiple ILLINOIS TOLLWAY construction contract(s). The ILLINOIS TOLLWAY will implement, operate and maintain the mainline improvements as tolled facilities(hereinafter sometimes referred to as the "Toll Highway"); and WHEREAS, certain construction contracts occur within ELK GROVE, DES PLAINES, and MOUNT PROSPECT jurisdictional boundaries. This AGREEMENT includes the scope of improvements for ILLINOIS TOLLWAY Contract I-13-4616, 1 Elmhurst Road southbound bridge over I-90, Contract I-1.3-4617, Elmhurst Road/Oakton Street intersection, and Contract I-13-4618, Elmhurst Road and I-90 Interchange. WHEREAS, the scope of work for ILLINOIS TOLLWAY Contract I-13-4616 includes construction of a new two-span bridge over 1-90 (ILL,INOIS TOLLWAY Bridge No. 534, DEPARTMENT Bridge No. 016-1506)just east of Elmhurst Road. The bridge will carry southbound Elmhurst Road traffic over 1-90. This contract also includes drainage improvements, pavement markings, signing, roadway lighting and all other work necessary to complete the project; and WHEREAS, the scope of work for .ILLINOIS TOLLWAY Contract I-13-4617 includes the widening and reconstruction of the Elmhurst Road and Oakton Street intersection. The intersection will be reconstructed to accommodate dual left turn lanes on each leg of the intersection, traffic signal modernization and installation of emergency vehicle pre-emption. This contract also includes the drainage improvements, pavement markings, signing, roadway lighting, replacing sidewalks and all other work necessary to complete the project; and WHEREAS, the scope of work for ILLINOIS TOLLWAY Contract 1-13-4618 includes the construction of a double crossover diamond ("DCD") interchange at Elmhurst Road and I-90 and the reconstruction and widening of Elmhurst Road. The existing interchange at Elmhurst Road and I-90 will be reconstructed and will include the construction of four ramps and a new two-span bridge over I-90 (ILLINOIS TOLLWAY Bridge No. 533, DEPARTMENT Bridge No. 016-1507) that will carry northbound Elmhurst Road traffic over I-90. New traffic signals with emergency vehicle pre-emption will be installed at the north and south ramp intersections with Elmhurst Road and at the Landmeier Road and Elmhurst Road intersection. Elmhurst Road will be reconstructed and widened from north of the Higgins Road/Touhy Avenue intersection to south of Oakton Street, and a new bridge over Higgins Creek north of I-90 (DEPARTMENT No. 016-1508) will be constructed. The contract also includes drainage improvements, pavement markings, signing, roadway lighting, replacing sidewalks, replacing shared use path, retaining wall, relocating municipal utilities, and all other work necessary to complete the project; and WHEREAS, for purposes of this AGREEMENT, the above contracts shall collectively be referred to as the "PROJECT"; and WHEREAS, ELK GROVE requests that the ILLINOIS TOLLWAY include in its PROJECT the installation of black powder coated light poles with LED lighting fixtures and associated black powder coated lighting controller and accommodations for future signage along Elmhurst Road and sidewalk along the west side of Elmhurst Road south of the I-90 and Elmhurst Road interchange. The ELK GROVE requested improvements are hereinafter referred to as "ELK GROVE's IMPROVEMENTS"; and WHEREAS, the ILLINOIS TOLLWAY agrees with ELK GROVE's request to add ELK GROVE's IMPROVEMENTS to the PROJECT; and 2 �I WHEREAS, ELK GROVE's IMPROVEMENTS are within the DEPARTMENT's right of way and the DEPARTMENT agrees to their inclusion in the PROJECT and shall allow access to the improvements, as requested and necessary for maintenance; and WHEREAS, the PARTIES by this instrument, desire to determine and establish their respective responsibilities toward engineering, right of way acquisition, utility relocation, construction, funding and maintenance of the PROJECT as proposed; and 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 DEPARTMENT by virtue of its powers as set forth in 605 ILCS 5/4-101 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, ELK GROVE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 51"1-I-I et seq. is authorized to enter into this AGREEMENT; and WHEREAS, DES PLAINES by virtue of its home rule powers and the powers set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, MOUNT PROSPECT 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 aforementioned recitals and the mutual covenants contained herein,the PARTIES hereto agree as follows: I. ENGINEERING A. The ILLINOIS TOLLWAY agrees, at its sole expense, to perform preliminary and final design engineering, obtain necessary surveys, and prepare the final plans and specifications for the PROJECT, including the design and construction of DES PLAINES water main relocation north of the Higgins Creek Bridge that crosses Elmhurst Road. B. ELK GROVE has performed preliminary and final design engineering for the relocation of their water main and sanitary sewer located on DEPARTMENT 3 right of way impacted by the PROJECT, for inclusion in the ILLINOIS TOLLWAY's final plans and specifications. C The PARTIES shall review the plans and specifications which impact their maintained highways within thirty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from the respective PARTY within this time period, the lack of response shall be deemed approval of the plans and specifications. Approval by the PARTIES shall mean the PARTIES agree with all specifications in the plans, including aligninent and location of the PROJECT improvements which impact the respective PARTY's maintained highways. In the event of disapproval, the respective PARTY will detail in writing its objections to the proposed plans and specifications for review and consideration by the ILLINOIS TOLLWAY. Notwithstanding, any disapproval by any of the PARTIES, the ILLINOIS TOLLWAY after considering the respective PARTY's objections shall proceed as the Chief Engineer of the ILLINOIS TOLLWAY deems appropriate. D. Any dispute concerning the plans and specifications shall be resolved in accordance with Section IX of this AGREEMENT. E. The ILLINOIS TOLLWAY agrees to assume the overall PROJECT responsibility, including without limitation, assuring that all permits (including, without limitation from the U.S. Army Corps of Engineers, Illinois Department of Natural Resources, Metropolitan Water Reclamation District of Greater Chicago, Environmental Protection Agency, etc.) and joint participation and/or force account agreements (including, without limitation, County, Township, Municipal, Railroad, Utility, etc.), as may be required by the PROJECT, are secured by the PARTIES hereto in support of general project schedules and deadlines. All PARTIES hereto agree to cooperate, insofar as their individual jurisdictional authorities allow, with the timely acquisition and clearance of said permits and agreements and in complying with all applicable Federal, State, and local regulations and requirements pertaining to work proposed for the PROJECT. F. The ILLINOIS TOLLWAY shall require all construction performed within the ILLINOIS TOLLWAY's rights of way to comply with the current Illinois Department of Transportation Standard Specifications for Road and Bridge Construction and the ILLINOIS TOLLWAY Supplemental Specifications for construction, issued March 2014, as amended, and shall require all work performed within the DEPARTMENT's rights of way to conform to the same current Standards and Specifications. II.RIGHT OF WAY A. The acquisition or transfer of permanent right of way interests is not required from any of the PARTIES for the construction of the PROJECT pursuant to the approved plans and specifications. Therefore, it is understood by the PARTIES 4 hereto that there will be no exchange of any interest in any PARTY's right of way. B. In the event the ILLINOIS TOLLWAY identifies any area of any right of way owned by any of the PARTIES that the ILLINOIS TOLLWAY, and/or its contractor(s), desires to enter, access and use for the purpose of completing the PROJECT, the ILLINOIS TOLLWAY shall submit to the PARTY an application for a permit and for right of access to the applicable right of way (on the PARTY'S permit form, and in accordance with the PARTY'S procedures and local laws and regulations) and a full plan set. The PARTY shall, after reasonable review of the application and plans and at no charge to the ILLINOIS TOLLWAY, issue the ILLINOIS TOLLWAY a permit granting the ILLINOIS TOLLWAY the requested right of access and temporary use of the applicable right of way. In addition, the PARTY shall waive the contractor's surety bonding requirement. The ILLINOIS TOLLWAY shall, upon completion of the PROJECT, restore the applicable right of way, and all other property owned by the PARTY in the vicinity of the right of way that is disturbed or damaged by the work related to the PROJECT, to a condition that is as good as —or—better than the condition it was in prior to construction of the PROJECT. Approval of any permit shall not be unreasonably withheld by the PARTY. III. UTILITY RELOCATION A. The ILLINOIS TOLLWAY agrees to provide all PARTIES the locations (existing and proposed), as soon as they are identified, of public and/or private utility facilities within the PARTIES existing rights of way which require adjustment as part of the PROJECT. As part of its PROJECT engineering responsibilities, the ILLINOIS TOLLWAY shall identify the necessary adjustments to the aforementioned existing utilities. B. The ILLINOIS TOLLWAY agrees to make all reasonable efforts to minimize the number and scope of utility adjustments in the design of improvements: 1) to ILLINOIS TOLLWAY facilities where they cross any other PARTY's highway rights of way; and 2) to any facilities owned by the PARTIES that are improved as part of the PROJECT. C. The PARTIES agree to make arrangements for and issue all permits for the PROJECT and cooperate with necessary adjustments to existing utilities located within their respective existing rights of way where improvements to any of the PARTIES respective highways are proposed by any of the PARTIES to be done in conjunction with the PROJECT, at no expense to the ILLINOIS TOLLWAY. D. The ILLINOIS TOLLWAY agrees to make arrangements for and issue all permits for the PROJECT required adjustments to utility facilities located on existing ILLINOIS TOLLWAY rights of way, and on proposed ILLINOIS TOLLWAY rights of way which are outside areas of the other PARTIES jurisdiction, where 5 i I improvements to ILLINOIS TOLLWAY facilities are proposed to be done as part of the PROJECT, at no expense to the other PARTIES. E. At all locations where utilities are located on any PARTY's rights of way and must be adjusted due to work proposed by the ILLINOIS TOLLWAY, the respective PARTY agrees to cooperate with the ILLINOIS TOLLWAY in making arrangements with the applicable utility and issue all permits for the requisite adjustment(s) at no cost to the ILLINOIS TOLLWAY. F, At all locations where utilities are located on ILLINOIS TOLLWAY rights of way and must be adjusted due to work proposed by any of the PARTIES, the ILI.,INOIS TOLLWAY agrees to make arrangements with the applicable utility and issue all permits for the requisite adjustment(s). At all locations where any of the PARTIES utilities are located on ILLINOIS TOLLWAY rights of way and must be adjusted due to work proposed by any of the PARTIES or due to work proposed by the ILLINOIS TOLLWAY, the PARTY agrees to obtain from the ILLINOIS TOLLWAY an approved permit for the facility, and to abide by all conditions set forth therein. The PARTY agrees to reimburse the ILLINOIS TOLLWAY for any and all out of pocket costs the ILLINOIS TOLLWAY may incur in causing the aforementioned utility or utilities to be adjusted. G. In the event that the work proposed by any of the PARTIES results in a conflict with the ILLINOIS TOLLWAY's fiber optic cable system, the respective PARTY shall reimburse the ILLINOIS TOLLWAY for the cost to locate, mark, design, protect, adjust and/or relocate the system. H. 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) is currently in place within the PROJECT limits and must be adjusted due to work proposed by any of the PARTIES, the PARTY in question agrees to reimburse the ILLINOIS TOLLWAY for any and all out of pocket costs the ILLINOIS TOLLWAY may incur in causing the aforementioned infrastructure to be adjusted. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction engineering inspections for and cause 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 any of the PARTIES shall be submitted to the respective PARTY for approval prior to commencing such work. The PARTY shall review the proposed deviations and indicate its approval or disapproval thereof in writing. If the proposed deviation to the plans and specifications are 6 I I i not acceptable, the PARTY questioning the proposed deviation shall detail in writing its specific objections. If the ILLINOIS TOLLWAY receives no written response from any of the PARTIES within fifteen (15) calendar days after delivery to the PARTIES of the proposed deviation, the proposed deviation shall be deemed approved by the PARTY. Notwithstanding any disapproval by any of the PARTIES, the ILLINOIS TOLLWAY may, after considering the PARTY's objections, proceed as the Chief Engineer of the ILLINOIS TOLLWAY deems appropriate. C. After award of the construction contract(s), assuming there are no proposed deviations from the plans and specifications that affect any of the PARTIES, the ILLINOIS TOLLWAY shall provide no less than five (5) calendar days' written notice to the PARTIES prior to commencement of work on the PROJECT. D. The ILLINOIS TOLLWAY shall require that all the PARTIES, and their agents, officers and employees are included as additional insured parties in the General Liability Insurance the ILLINOIS TOLLWAY requires of its contractor(s) and that the PARTIES will be added as an additional protected PARTY on all performance bonds required of the contractor(s). These requirements shall be included in the Special Provisions of the construction contract(s). E. The PARTIES and their authorized agents shall have all reasonable rights of inspection (including pre-final and final inspection) during the progress of work included in the PROJECT that affects the PARTY's system. All PARTIES shall assign personnel to perform inspections on behalf of the respective PARTY of all work included in the PROJECT that affects the PARTY's system, and will deliver written notices to the Chief Engineer of the ILLINOIS TOLLWAY advising the ILLINOIS TOLLWAY as to the identity of the individual(s) assigned to perform said inspections. F. Notices required to be delivered by any PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section IX of this AGREEMENT. G. The ILLINOIS TOLLWAY shall give notice to all PARTIES upon completion of 70% and 100% of the work under all PROJECT construction contracts for improvements that will be subsequently maintained by the individual PARTY, and the PARTY shall make an inspection thereof not later than seven (7) calendar days after notice thereof. If any of the PARTIES do not perform a final inspection within seven (7) calendar days after receiving such notice, or other inspection arrangements are not agreed to in writing by the PARTIES hereto, the work under the applicable construction contract shall be deemed accepted by the PARTY. At the request of any of the PARTIES, the ILLINOIS TOLLWAY's representative shall join in on such inspection. In the event said inspections disclose work that does not conform to the approved final plans and specifications, the PARTY's representative shall give immediate verbal notice to the ILLINOIS TOLLWAY's representative of any deficiency, and shall thereafter 7 deliver within five (5) calendar days a written list identifying such deficiencies to the Chief Engineer of the ILLINOIS TOLLWAY. Deficiencies thus identified shall be subject to joint re-inspection upon completion of the corrective work. The PARTY shall perform such joint re-inspections within seven (7) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied. H, 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 the Contract(s) was entered into, in accordance with the Canceled Items Provision 109.06 included in the ILLINOIS TOLLWAY Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, adopted January 1, 2012, issued March 2013, or the applicable version of the ILLINOIS TOLLWAY Standard or Supplemental Specifications. 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. B. Any of the PARTIES 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. C. It is mutually agreed by the PARTIES hereto that the estimated cost to ELK GROVE for ELK GROVE's IMPROVEMENTS is $68,691.00 for construction costs, $3,434.55 (5% of construction costs) for preliminary and design engineering and $6,869.10 (10% of construction costs) for construction engineering, for total estimated cost of $78,994.65. The estimated construction costs to .ELK GROVE are further detailed below: 1. The cost differential associated with installing LED black powder coated lighting and a black powder coated lighting controller (in lieu of standard galvanized steel roadway lighting) - $48,048.00. 2. A sidewalk along the west side of Elmhurst Road south of the I-90 and Elmhurst Road interchange - $20,643.00. 8 D, ELK GROVE agrees that upon award of the contract for this improvement and receipt of an invoice from the ILLINOIS TOLLWAY, ELK GROVE will pay to the ILLINOIS TOLLWAY, an amount equal to 80% of its obligation incurred under this AGREEMENT, based upon actual bid prices, and will pay to said ILLINOIS TOLLWAY the remainder of its obligation in a lump sum, upon completion of the PROJECT,based on final costs. VI. MAINTENANCE-DEFINITIONS A. The term "local" means any PARTY to this AGREEMENT other than the ILLINOIS TOLLWAY. The term "local road" refers to any highway, road or street under the jurisdiction of any PARTY to this AGREEMENT other than the ILLINOIS TOLLWAY. With respect to this AGREEMENT, it means the DEPARTMENT, DES PLAINES, ELK GROVE and MOUNT PROSPECT respectively. B. As used herein, the terms "maintenance" or "maintain" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes, after the facility being maintained has been initially constructed, the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section VII, MAINTENANCE-RESPONSIBILITIES, other activities as more specifically set forth in the following subparts of this Section VI. Maintenance includes but is not limited to. 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 9 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, 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. C. 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. D. The terms "notify", "give notice" and "notification" refer to written, verbal or digital communication from one PARTY to 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. E. 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 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. F. 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 reasonable 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 Engineer. G. 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. H. 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. L These are three types of bridge structures that intersect the ILLINOIS TOLLWAY rights of way: 10 �I 1. Type 1. An intersection where a grade separation structure has been constructed to carry the toll highway over the local road. 2. Type 2. An intersection where a grade separation structure has been constructed to carry the local road over the toll highway. 3. Type 3. An intersection where a partial or complete ramp interchange system, as well as a grade separation structure, has been constructed between the local road and the toll highway. 4. Type 4. An intersection where a grade separation structure has been constructed to carry the local road over a waterway. VII. MAINTENANCE-RESPONSIBILITIES A. The maintenance responsibilities are as shown on "EXHIBIT A" and as detailed below. B. It is understood and agreed by the PARTIES that the ILLINOIS TOLLWAY shall retain jurisdiction and maintenance responsibilities for I-90, in its entirety. C. The DEPARTMENT shall retain jurisdiction and maintenance responsibilities for Elmhurst Road and Oakton Street within the PROJECT limits. The ILLINOIS TOLLWAY and the DEPARTMENT's maintenance responsibilities for the Elmhurst Road bridges over 1-90 are further detailed in the Intergovernmental Agreement executed on December 21, 1960 and reiterated in Section VII, Paragraph M below. As long as Elmhurst Road and Oakton Street are used as State highways, the DEPARTMENT further agrees to maintain, or cause to maintained the median, the through traffic lanes lying on either side of the median or centerline, the left turn and right turn lanes, the curb and gutter or stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes, the new traffic signals at the north and south ramp intersections with Elmhurst Road and at the Landmeier Road/Elmhurst Road intersection and the traffic signals at Oakton Street and Elmhurst Road, including the interchange lighting along Elmhurst Road, the retaining walls located on DEPARTMENT right of way along both the east and west sides of Elmhurst Road between the Elmhurst Road/1-90 interchange and Wille Road, the storm water quality improvement device installed at Higgins Creek, the two new PTZ cameras at the north and south ramps, and any work the ILLINOIS TOLLWAY is including in the PROJECT for the DEPARTMENT,in its entirety. D. DES PLAINES agrees to maintain, or cause to be maintained, within the jurisdictional boundaries of DES PLAINES, those portions of the PROJECT which are not maintained by the DEPARTMENT, including the sidewalk along the east side of Elmhurst Road, north of Oakton Street and south of Higgins Creek to south of the interchange, the sidewalk along the west side of Elmhurst Road 11 li i south of Oakton Street to south of the interchange, the sidewalk along the north side of Oakton Street east and west of Elmhurst Road, and the sidewalk on the south side of Oakton Street west of Elmhurst Road, and the shared use path on the median of the west bridge (northbound.), including all DES PLAINES facilities, parkways, crosswalk and stop line markings including within the interchange area, if applicable, DES PLAINES owned utilities including appurtenances thereto, highway lighting, excluding interchange or ramp lighting, including furnishing the electrical energy thereof and shall maintain the storm sewers and appurtenances by performing those fiinctions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes and catch basins' frames, grates or lids. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this PROJECT beyond the aforedescribed responsibilities shall be that of the DEPARTMENT. DES PLAINES shall retain ownership and jurisdiction of their relocated water main located on DEPARTMENT right of way impacted by the PROJECT, or any work the ILLINOIS TOLLWAY is including in the PROJECT for DES PLAINES at their request, in its entirety. DES PLAINES also agrees to assume responsibility for the future reconstruction and maintenance of the sidewalk along the east side of Elmhurst Road, north of Oakton Street and south of Higgins Creek to south of the interchange, the sidewalk along the west side of Elmhurst Road south of Oakton Street to south of the interchange, the sidewalk along the north side of Oakton Street east and west of Elmhurst Road, and the sidewalk on the south side of Oakton Street west of Elmhurst Road, and the shared use path on the median of the west bridge(northbound), and any and all fences, walls or appurtenances built to separate vehicular traffic from pedestrian traffic, in its entirety. E. ELK GROVE agrees to maintain, or cause to be maintained, within the jurisdictional boundaries of ELK GROVE, those portions of the PROJECT which are not maintained by the DEPARTMENT, including the sidewalk on the west side of Elmhurst Road from south of the 1-90 and Elmhurst Road interchange to the southern PROJECT limits, parkways, crosswalk and stop line markings on Landmeier Road, and ELK GROVE owned utilities. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this PROJECT beyond the aforedescribed responsibilities shall be that of the DEPARTMENT. ELK GROVE shall retain ownership and jurisdiction of their relocated water main and sanitary sewer located on DEPARTMENT right of way impacted by the PROJECT. ELK GROVE also agrees to assume responsibility for the future reconstruction and maintenance of the sidewalk on the west side of Elmhurst Road from south of the I-90 and Elmhurst Road interchange to the southern PROJECT limits including all fences, walls or appurtenances built to separate vehicular traffic from pedestrian traffic , in its entirety. Lastly, ELK GROVE shall maintain the LED lighting with black powder coating and the associated lighting controller with black powder coating along Elmhurst Road and within the DEPARTMENT's right of way, or any other work the ILLINOIS TOLLWAY is including in the PROJECT for ELK GROVE at their request,in its entirety. 12 F, MOUNT PROSPECT agrees to maintain, or cause to be maintained, within the jurisdictional boundaries of MOUNT PROSPECT, those portions of the PROJECT which are not maintained by the DEPARTMENT, the sidewalk along the north and south sides of Oakton Street west of Elmhurst Road and along the west side of Elmhurst Road north of Oakton Street including parkways, crosswalk and stop line markings within the interchange area, if applicable, MOUNT PROSPECT owned utilities including appurtenances thereto, highway lighting, excluding interchange or ramp lighting, including furnishing the electrical energy thereof, and shall maintain the storm sewers and appurtenances by performing those functions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes and catch basins' frames, grates or lids. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this PROJECT beyond the aforedescribed responsibilities shall be that of the DEPARTMENT or any work the ILLINOIS TOLLWAY is including in the PROJECT for MOUNT PROSPECT at their request, in its entirety. MOUNT PROSPECT also agrees to assume responsibility for the future reconstruction and maintenance of the sidewalk along the north and south sides of Oakton Street west of Elmhurst Road and along the west side of Elmhurst Road north of Oakton Street including all fences, walls or appurtenances built to separate vehicular traffic from pedestrian traffic, in its entirety. G. DES PLAINES, ELK GROVE and MOUNT PROSPECT further agree to continue their existing maintenance responsibilities on all side road approaches under their respective jurisdictions, including all left and right turn lanes on said side road approaches, up to the through edge of pavement of Elmhurst Road and of Oakton Street. Drainage facilities, if any, at the aforementioned side roads located within DEPARTMENT right of way shall be the joint maintenance responsibility of the DEPARTMENT and DES PLAINES, ELK GROVE and MOUNT PROSPECT respectively, unless there is an agreement specifying different responsibilities. H. Upon acceptance by the PARTIES hereto of the traffic signal work included herein, the financial responsibility for maintenance and electrical energy charges for the operation of the traffic signal(s) shall be apportioned as follows: INTERSECTION MAINTENANCE ELECT. ENERGY Elmhurst Rd./Oakton St. DEPARTMENT Share (100%) (100%) DES PLAINES Share (0%) (0%) MOUNT PROSPECT Share (0%) (0%) Elmhurst Rd./North Ramp DEPARTMENT Share (100%) (100%) DES PLAINES Share (0%) (0%) i 13 Elmhurst Rd./South Ramp DEPARTMENT Share (100%) (100%) DES PLAINES Share (0%) (0%) Elmhurst Rd.[Landmeier Rd. DEPARTMENT Share (67%) (0%) ELK GROVE Share (33%) (100%) I. It is mutually agreed that the actual traffic signal maintenance shall be performed by the DEPARTMENT, either with its own forces or through an ongoing contractual agreement. J The DEPARTMENT agrees to make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals. DES PLAINES, MOUNT PROSPECT, and ELK GROVE agree to pay their proportionate share of this cost as billed by the local power company. K. The DEPARTMENT retains the right to control the sequence and timing of the traffic signals. L. The DEPARTMENT's Electrical Maintenance Contractor shall maintain the Emergency Vehicle Pre-Emption System ("EVP") equipment, located at the traffic signal modernizations and installations maintained by the DEPARTMENT. The DEPARTMENT's Electrical Maintenance Contractor shall invoice DES PLAINES for the cost of maintaining the EVP located on the traffic signals at Elmhurst Rd./Oakton St., Elmhurst Rd./North Ramp, and Elmhurst Rd./South Ramp. The DEPARTMENT's Electrical Maintenance Contractor shall invoice ELK GROVE for the cost of maintaining the EVP located on the traffic signal at Elmhurst Rd./Landmeier Rd. DES PLAINES and ELK GROVE shall maintain the emitters and associated appurtenances at their respective intersections described above at their own expense. The emitters shall be maintained and tested by DES PLAINES and ELK GROVE respectively, in accordance with the recommendations of the manufacturer. M. It is mutually agreed, if, in the future, the DEPARTMENT adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals then DES PLAINES, ELK GROVE and MOUNT PROSPECT agree to be financially responsible for their share of the traffic signals and DES PLAINES and ELK GROVE respectively agree to be financially responsible for all costs to relocate or reconstruct the EVP equipment at their respective intersections identified in Section VI. L of this AGREEMENT in conjunction with the DEPARTMENT's proposed improvement. 'I 14 I N. The bridge improvements being constructed under this AGREEMENT are of the following types as described in Section VI, Paragraph J above and involve the following roadway(s): Type of Bridge Structure Affected Roadway Type 2 Elmhurst Road (N/B) over I-90 Type 2 Elmhurst Road(S/B) over 1-90 Type 4 Elmhurst Road over Higgins Creek 1. Type 2 - DEPARTMENT Roadway over ILLINOIS TOLLWAY Right of Way a. The DEPARTMENT has all maintenance responsibility as to the following: i. All DEPARTMENT right of way and DEPARTMENT highway roadway approaches to the grade separation structure, including but not limited to pavement, curb and gutter, shoulders, sidewalks, guardrail, approach slabs, and approach embankments outside access control fences. ii. The following portions of the grade elevation structure: iii. The wearing surface.- iv. urface;iv. The deck, below the wearing surface and above the structural beams including expansion joints,parapet walls, railings, etc.; V. Drainage facilities above structural beams and girders; vi. All lighting except underpass; vii. All DEPARTMENT signals and signs; viii. To the extent not addressed in other intergovernmental agreements to which the DEPARTMENT is a PARTY, any facilities designed for traffic other than motor vehicles, such as bicycle or pedestrian paths or lanes; ix, All drainage facilities carrying exclusively DEPARTMENT drainage. b. The ILLINOIS TOLLWAY has all maintenance responsibility for all portions thereof not maintained by the DEPARTMENT as set forth herein, including but not limited to the following: i. All parts of the grade separation structure, including but not limited to bearings,beams, girders, slope walls, abutments and piers; 15 ii,_ All fences along ILLINOIS TOLL)VAY routes, except overpass fencing installed to separate pedestrians, bicycles and non-vehicular traffic from highway traffic; iii'. All bridge deck downspouts, from a clean-out installed directly below the scuppers to the outfall; iv. All remaining drainage facilities installed for the purpose of carrying exclusively Toll Highway drainage; V. All underpass lighting. 2. Type 4—DEPARTMENT Roadway over a Local Creek a. The DEPARTMENT has all maintenance responsibility as to all portions of the DEPARTMENT right of way as set forth herein, including but not limited to the entire grade separation structure, all drainage facilities, bridge slope walls and embankments within DEPARTMENT access control fencing, and fences. All DEPARTMENT right of way, highway roadways, guardrail and other protective devices, pier protective structures or devices, roadway slopes and shoulders, including but not limited to the portions thereof underneath the grade separation structure. All underpass lighting and traffic signals, if applicable. O. The PARTIES agree that the ILLINOIS TOLLWAY reserves the exclusive right to review and approve the following: 1. Any and all signage affixed to the grade separation structure or placed on ILLINOIS TOLLWAY right of way; 2. The DEPARTMENT is responsible for regulating and permitting of all vehicles crossing the bridges over I-90 in accordance with the ILLINOIS TOLLWAY's maximum carrying capacity for the bridge. The bridge capacity limits shall be delivered to the DEPARTMENT by the ILLINOIS TOLLWAY at final acceptance of the bridges construction. 3. Restriction of load limits for the grade separation structure, in the event bridge conditions so warrant, provided that the ILLINOIS TOLLWAY will consult with the DEPARTMENT as to the bridge conditions which warrant such restrictions; 4. Closure of lanes of traffic on the grade separation structure, for a repair or replacement project or in the event bridge conditions so warrant, provided that the ILLINOIS TOLLWAY will consult with the DEPARTMENT before such closure; 16 P. Attachment to the grade separation structure, or placement on or across ILLINOIS TOLLWAY right of way, of any and all conduit, pipe, wire, pole, device or appurtenance, provided that if such attachment or placement is directly in connection with operation of the DEPARTMENT roadway or performance of DEPARTMENT maintenance obligations under this AGREEMENT, the DEPARTMENT may make such attachment or placement after consultation with the ILLINOIS TOLLWAY. Q. The PARTIES agree that each PARTY has the duty to perform such regular inspections, surveys and reviews as are reasonably necessary to fulfill their respective obligations under this AGREEMENT. R. In the event that one PARTY observes that emergency maintenance is needed, then the observing PARTY shall immediately notify the PARTY responsible for maintaining the improvement in need of emergency maintenance of the observed condition, the nature of the immediate need, and a general description of the measures the observing PARTY intends to take to remedy the immediate need. The observing PARTY may then implement such measures without consultation, provided however that the observing PARTY remains subject to such emergency response and disaster protocols as apply generally to governmental entities. The other PARTIES shall not be charged for the cost of the emergency measures taken by the observing PARTY, except after consultation and then only to the extent such maintenance is within the duties of the other PARTIES under this AGREEMENT. S. In the event that any PARTY places, on the grade separation structure or on the right of way of the other, appurtenances such as architectural enhancements, "gateway logos", conduit pipe, or other devices which are not directly required in connection with the ILLINOIS TOLLWAY or DEPARTMENT roadway operations or required for the performance of maintenance obligations of the respective party under this AGREEMENT, then the PARTY placing such appurtenances shall have sole responsibility for all maintenance, repair, replacement, removal and/or renewal of such items, including such maintenance, repair, replacement, removal and/or renewal of such items which is necessitated by maintenance projects performed by the other PARTIES pursuant to this AGREEMENT. T. Signalization and pavement markings at the interchange, if any, will be under the control of the PARTIES, with the exception of the ILLINOIS TOLLNVAY. The PARTIES shall cooperate regarding signal timing and intersection operation such that traffic exiting the Toll Highway is not unnecessarily delayed or allowed to back up to the extent that it would impact Toll Highway mainline traffic. The DEPARTMENT consents when required to the future interconnection of a Ramp System installed on Toll Queue Detection/Warning Sy Highway exit ramps to both anent traffic signal system and will program am the traffic the temporaryand perm 17 signal option to give exit ramps priority to preclude exiting traffic from unnecessarily backing up onto ILLINOIS TOLLWAY mainline pavement. U DES PLAINES, ELK GROVE and MOUNT PROSPECT respectively, agree to indemnify and hold the ILLINOIS TOLLWAY, the DEPARTMENT and their employees, officers, directors and agents harmless from all claims for death, injuries and damages to persons or property arising from the use, maintenance or reconstruction of the improvements for which DES PLAINES, ELK GROVE, and MOUNT PROSPECT are respectively responsible for maintaining under this AGREEMENT after construction of these improvements is completed by the ILLINOIS TOLLWAY. VIII. ADDITIONAL MAINTENANCE PROVISIONS A. During construction, all PARTIES shall continue to maintain all portions of the PROJECT within the individual PARTY's right of way that are not to be improved or maintained by the construction contractor(s) pursuant to the approved plans and specifications. B. All items of construction which are stipulated in this AGREEMENT to be maintained by the PARTIES shall, upon completion of construction and final inspection,be the sole maintenance responsibility of the PARTIES respectively. C: All PARTIES agree to remove all snow and ice from the roadways under their respective jurisdiction, and such removal shall be accomplished in such a manner as not to block or obstruct any roadway of the other PARTY. D. Nothing herein is intended to prevent or preclude any of the PARTIES from entering into reciprocal agreements in the future for any particular interchange for the efficient removal of snow, ice, and debris or for incident management. E. Attached as "EXHIBIT A" is a description and identification of the PARTIES respective maintenance responsibilities. In the event there is a conflict between the aforementioned Exhibit and the maintenance provisions contained in Section VII of this AGREEMENT,the text in Section VII shall control. F. The DEPARTMENT agrees to allow the ILLINOIS TOLLWAY to review and will consider comments on major roadway access issues along Elmhurst Road and Oakton Street that arise within one half(1/2)mile from the centerline of I-90. All access control shall be addressed for the mutual benefit of the DEPARTMENT and the ILLINOIS TOLLWAY in an effort to maintain free traffic movement at points of intersection. The DEPARTMENT and the ILLINOIS TOLLWAY encourage private sector funding of regional collector/distributor roadways to minimize throughway traffic impacts. For those sections where access control has been purchased by the ILLINOIS TOLLWAY, the ILLINOIS TOLLWAY agrees to review and coordinate access requests with the DEPARTMENT. For those 18 sections with no access control, the DEPARTMENT shall retain the exclusive statutory right to control access to Elmhurst Road and Oakton Street. G; The :DEPARTMENT and the ILLINOIS TOLLWAY agree to cooperatively manage incidents as expeditiously as possible to minimize impact and maximize response efficiency. Each agency shall be responsible for incident management within their jurisdictional limits and shall provide reciprocal timely incident response, management, and notification as need demands regardless of incident location. IX. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the Illinois Department of Transportation, the City of Des Plaines, the Village of Elk Grove Village, the Village of Mount Prospect, and the Illinois State Toll Highway Authority. B. It is understood and agreed by the PARTIES hereto, that the ILLINOIS TOLLWAY shall have jurisdiction of I-90. The DEPARTMENT shall retain jurisdiction of Elmhurst Road and Oakton Street traversed or affected by I-90 except as otherwise expressly provided for in this AGREEMENT. For the purpose of this AGREEMENT, jurisdiction shall mean the authority and obligation to administer, control,construct,maintain, and operate. C. It is understood and agreed that this AGREEMENT constitutes the complete and exclusive statement of the agreement of the PARTIES relative to the subject matter hereof and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter. D. Wherever in this AGREEMENT approval or review by any PARTY is provided for, said approval or review shall not be unreasonably delayed or withheld. E. Not later than fourteen (14) calendar days after execution of this AGREEMENT each PARTY shall designate in writing a representative who shall serve as the full time representative of the 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. F. In the event of a dispute between the PARTIES in the carrying out of the terms of this AGREEMENT, the Chief Engineer of the ILLINOIS TOLLWAY, the Deputy Director/Region One Engineer of the DEPARTMENT, the City Engineer of DES PLAINES, the Village Manager of ELK GROVE and the Village Engineer of MOUNT PROSPECT shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning the 19 plans and specifications or in the carrying out of the terms of this AGREEMENT, the decision of the Chief Engineer of the ILLINOIS TOLLWAY shall be final. G. This AGREEMENT may be executed in five (5) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. H: The ILLINOIS TOLLWAY agrees that in the event any work is performed by other than ILLINOIS TOLLWAY forces, the applicable provisions of the "Prevailing Wage Act" 820 ILCS 130!1 shall apply. I. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. J. 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 subsequent to the date of execution of this AGREEMENT. K. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns. L. The failure by any of the PARTIES 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 and remedies. No provision of this AGREEMENT shall be deemed waived by any of the PARTIES unless such provision is waived in writing. M. It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT and that, in the event of litigation, venue shall lie in Du Page County, Illinois. 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 Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineer I I To the DEPARTMENT: The Illinois Department of Transportation 201 W. Center Court 20 Schaumburg, Illinois 60196 Attn: Deputy Director/Region One Engineer To DES PLAINES: The City of Des Plaines 1420 Minor Street Des Plaines, Illinois 60016 Attn: City Engineer To ELK GROVE The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager To MOUNT PROSPECT: The Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Attn: Village Engineer O. The PARTIES agree to maintain books and records related to the performance of this AGREEMENT and necessary to support amounts charged to the ILLINOIS TOLLWAY and/or the PARTIES under the AGREEMENT for a minimum of three (3) years from the last action on the AGREEMENT. The PARTIES further agree to cooperate fully with any audit and to make its books and records, and books and records within its custody or control available to the Illinois Attorney General, the Illinois Auditor General, the ILLINOIS TOLLWAY Inspector General, the ILLINOIS TOLLWAY Department of Internal Audit, the ILLINOIS TOLLWAY or any other governmental agency or agent thereof that is authorized to audit or inspect such books and records. P. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. II 21 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF MOUNT PROSPECT By: _ . Attest: ° Arlene J��racel�. Mayor Date: _ (Please Print Nan THE VILLAGE OF ELK GROVE VILLAGE By Attest: Crai Johnson Ma r Date: ---& 7 (Please Print Name) CITY OF DES PLAINES Attest: Matt e Bo APPRf ED AS TO FORM ONLY Mayor ` Date: f ,(Please Print Name) I7ee Plaw a Gemoral+Coup el bate THE STATE OF ILLINOIS DEPARTMENT OF TRAN�S,POP. :ION By: Attest Anthony . Quint y, F. Region One Engine Date: �I� -1 (Please Print Name) THE I I IS S TF TOLL HIGHWAY UTHORITY By: Date: ` ...._. .__...� hregBAe1 ..e Dircc or 22 Approved as to Form and Constitutionality Tiffany B, c hafer, enior Assistant Attorney General, State of Illinois iGA EhnhurstRoad dakton Street-140,7.23.16.Final.02.24.17 I �I li I 23 3/23/16 6.5/1 RESOLUTION NO. 21003 Background It is in the best interest of the Illinois State Toll Highway Authority ("Tollway") to enter into an Intergovernmental Agreement with the Illinois Department of Transportation, Elk Grove Village, the Village of Mount Prospect and the City of Des Plaines in connection with improvements to the Elgin O'Hare Expressway by constructing a new two-span bridge over I-90 east of Elmhurst Road, which lies within the jurisdiction of these parties. Elk Grove Village has requested that the Tollway include in the project the installation of black powder coated light poles with LED lighting fixtures and associated enhancements, plus accommodations for future signage, and the Tollway agrees to this request subject to an estimated reimbursement from Elk Grove Village of$69,431.25. The agreement further establishes the parties' maintenance and ongoing responsibilities for project work in this area. Resor The Chief Engineer and the General Counsel are authorized to negotiate and prepare an InfElr tal Agreement with the Illinois Department ent of TransportatioVillage, the Village of Mount Prospect and the City of Des Plaines ithe form attached to this Resolution, and the Chairman or the Exectits authorized to execute said agreement. Approved by