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HomeMy WebLinkAboutRESOLUTION - 55-17 - 10/24/2017 - IGA TOLLWAY-COOK/ITASCA RESOLUTION NO. 55-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY,THE ILLINOIS DEPARTMENT OF TRANSPORTATION, THE COUNTY OF COOK,THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF ITASCA 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 COUNTY OF COOK, THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF ITASCA a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 2411 day of October 2017. APPROVED this 241h day of October 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 COUNTY OF COOK, ELK GROVE VILLAGE AND THE VILLAGE OF ITASCA This INTERGOVERNMENTALkGRFEMENT (hereinafter referred to as the "AGREEMENT") is entered into this 24" day of October,2017 by and between THE ILLINOIS STATE TOLL H16HWAY AU I HUM I Y, 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 COUNTY OF COOK, a body politic and corporate of the State of Illinois, acting by and through its COOK COUNTY DEPARTMENT OF TRANSPORTATION AND HIGHWAYS (hereinafter called the "COUNTY"), ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, hereinafter called "ELK GROVE", and THE VILLAGE OF ITASCA, a municipal corporation of the State of Illinois, hereinafter called "ITASCA", 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 existing Elgin O'Hare Expressway, extend 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 construct the Western Access connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State 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 will occur within ELK GROVE and ITASCA, this AGREEMENT includes the scope of improvements of ILLINOIS TOLLWAY Contract 1-13-4608, the Devon Avenue Bridge over the I-290 Expressway (hereinafter referred to as the "PROJECT") by making the following improvements: 1 The existing Devon Avenue Bridge over the I-290 Expressway (hereinafter "I-290") will be removed and replaced with a new two span bridge to accommodate the widening of the eastbound I-290 lanes and the new eastbound I-290 to the Elgin O'Hare Expressway interchange ramps. The PROJECT also includes the construction of a 10' shared use path along the north side of the bridge and space for a sidewalk along the south side of the bridge provided within the structure limits, a 5' sidewalk along the approach pavement on the north side east and west of the bridge, sidewalk stub outs on both the east and west approaches on the south side of the bridge, drainage improvements, landscaping, the installation of pavement markings, signing, roadway lighting, and all work necessary to complete the PROJECT in accordance with the approved plans and specifications; and WHEREAS, ELK GROVE and ITASCA request that the ILLINOIS TOLLWAY include in its PROJECT the installation of decorative fence railing on the bridge, decorative parapet columns, custom form liner for outside parapet, concrete stain along the Devon Avenue Bridge, and hand rail painting (aesthetics beyond what the ILLINOIS TOLLWAY is providing corridor wide), (collectively referred to as the "VILLAGE'S IMPROVEMENTS"); and WHEREAS, the ILLINOIS TOLLWAY agrees to install the VILLAGE'S IMPROVEMENTS as part of the PROJECT; and WHEREAS, Devon Avenue and the Devon Avenue Bridge are under the jurisdiction and maintenance of the COUNTY as County Highway B 11; 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 5/101 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, the COUNTY by virtue of its powers as set forth in the Counties Code 55 ILCS 5/1-1001 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, ELK GROVE and ITASCA by virtue of their powers as 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 by Article VII, Section 10 of the Illinois Constitution and the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq. 2 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 to perform preliminary and final design engineering, obtain necessary surveys, and prepare the final plans, specifications and contract documents for the PROJECT, subject to reimbursement by ELK GROVE and ITASCA as hereinafter stipulated. ELK GROVE and ITASCA agree to perform preliminary engineering of the VILLAGE's IMPROVEMENTS. B. The DEPARTMENT, the COUNTY, ELK GROVE and ITASCA shall review the plans and specifications which impact the DEPARTMENT'S, the COUNTY's, ELK GROVE's and ITASCA's respectively maintained highways within thirty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from the PARTIES within this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed approval of the plans and specifications. Approval by the PARTIES shall mean they agree with all specifications in the plans, including alignment and location of the PROJECT improvements and the VILLAGE's IMPROVEMENTS which impact their maintained highways. In the event of disapproval, the DEPARTMENT and/or the COUNTY and/or ELK GROVE and/or ITASCA will detail in writing its objections to the proposed plans and specifications for review and consideration by the ILLINOIS TOLLWAY. C. The PARTIES shall work cooperatively to address and resolve the review comments and objections. Any dispute concerning the plans and specifications shall be resolved in accordance with Section IX of this AGREEMENT. D. The final approved plans and specifications for the PROJECT shall be promptly delivered to the DEPARTMENT, the COUNTY, ELK GROVE and ITASCA by the ILLINOIS TOLLWAY. E. The ILLINOIS TOLLWAY agrees to assume the overall PROJECT responsibility, including assuring that all permits (U.S. Army Corps of Engineers, Illinois Department of Natural Resources, Metropolitan Water Reclamation District of Greater Chicago, Illinois Environmental Protection Agency, etc.) and joint participation and/or force account agreements (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. 3 F. The DEPARTMENT, the COUNTY, ELK GROVE, and ITASCA shall all grant and consent to any and all permits, rights of access (ingress and egress), temporary use to the ILLINOIS TOLLWAY, without charge to the ILLINOIS TOLLWAY. Any permit for right of access, temporary use shall not be unreasonably withheld by any of the PARTIES. G. 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 right of way 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 hereto that there will be no exchange of any interest in any of the PARTIES right of way or of the ILLINOIS TOLLWAY's right of way. B. It is understood that none of the PARTIES have consented in this AGREEMENT to the transfer of any interest in property or rights of way which any PARTY deem necessary for the maintenance and operation of their respective highway systems. C. In the event, the ILLINOIS TOLLWAY identifies areas of the DEPARTMENT's, the COUNTY'S, ELK GROVE's or ITASCA's right of way needed for the ILLINOIS TOLLWAY to enter, access and use to allow the ILLINOIS TOLLWAY and/or its contractor(s) to complete the PROJECT, the identified PARTY, shall upon the ILLINOIS TOLLWAY's application to the PARTY's permit form, together with a plan set, issue the ILLINOIS TOLLWAY a permit without charge to the ILLINOIS TOLLWAY; allowing the ILLINOIS TOLLWAY all temporary use. In addition, the PARTY shall waive the contractor's surety bonding requirement. The ILLINOIS TOLLWAY agrees upon completion of the PROJECT, that those lands used are to be restored to an "as good as — or — better" than pre-construction condition. Approval of any permit shall not be unreasonably withheld by any PARTY. D. ITASCA and ELK GROVE respectively, shall apply for a permit from the DEPARTMENT/COUNTY to construct entry monuments and landscape enhancements in the future, ITASCA's to be located in the northwest quadrant of the PROJECT and ELK GROVE's to be located in the southeast quadrant of the PROJECT within DEPARTMENT/COUNTY right of way. Approval of said 4 permits for the entry monuments shall not be unreasonably withheld by the DEPARTMENT/COUNTY. III. UTILITY RELOCATION A. The ILLINOIS TOLLWAY agrees to provide all PARTIES, as soon as they are identified, the locations (existing and proposed) of public and/or private utility facilities within their existing rights of way which require adjustment as part of the PROJECT. As part of its PROJECT engineering responsibilities, the ILLINOIS TOLLWAY shall identify adjustments to the aforementioned existing utilities. B. The ILLINOIS TOLLWAY agrees to make all reasonable efforts to minimize the number of utility adjustments in the design of improvements: 1) to ILLINOIS TOLLWAY facilities where they cross the other PARTY"s highway rights of way; and 2)to the PARTIES facilities 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, and on proposed 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 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. The ILLINOIS TOLLWAY agrees to reimburse and/or credit the PARTY for any and all out of pocket costs the PARTY may incur in causing the aforementioned utility or utilities to be adjusted. 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 ILLINOIS TOLLWAY agrees to make arrangements with the applicable utility and issue all permits for the requisite adjustment(s). At all locations where any PARTY's utilities are located on ILLINOIS TOLLWAY rights of way and must be adjusted due to work proposed by the PARTY or due to work proposed by the 5 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. At all locations where utilities are located on an existing easement and are thus eligible for reimbursement for any adjustments or relocations caused by the PROJECT, the ILLINOIS TOLLWAY shall be fully responsible for said utility reimbursement costs. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY shall advertise and receive bids, obtain ELK GROVE and ITASCA concurrence as to the amount of bids (for work to be funded wholly or partially by ELK GROVE and/or ITASCA before award), award the contract(s), provide construction engineering inspections and cause the PROJECT to be constructed in accordance with the PROJECT plans and specifications, subject to reimbursement by ELK GROVE and ITASCA as hereinafter stipulated. B. After award of the construction contract(s), any proposed deviations from the plans and specifications that affect the PARTIES shall be submitted to the PARTIES for approval prior to commencing such work. The PARTIES shall review the proposed deviations and indicate its approval or disapproval thereof in writing. If the proposed deviation to the plans and specifications are not acceptable, the 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 thirty (30) calendar days after delivery to the PARTIES of the proposed deviation, or receive a request for an extension of time, which request shall be reasonably considered, the proposed deviation shall be deemed approved by the PARTY. 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 thirty (30) calendar day's written notice to the PARTIES prior to commencement of work on the PROJECT. D. The ILLINOIS TOLLWAY shall require its contractor(s) working within any of the PARTIES rights of way to comply with the indemnification provision contained at Section 107.26 in the ILLINOIS TOLLWAY Supplemental Specifications for construction, issued March 2014, or the indemnification provision in the applicable version of the Illinois State Toll Highway Authority's Standard Specifications subsequently in effect. E. The ILLINOIS TOLLWAY shall require that the PARTIES, their agents, officers and employees be included as additional insured parties in the General Liability 6 Insurance the ILLINOIS TOLLWAY requires of its contractor(s) and that the PARTIES will be added as additional protected PARTY's on all performance bonds required of the contractor(s). These requirements shall be included in the Special Provisions of the construction contract(s). F. 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 infrastructure and/or right of way. All PARTIES may assign personnel to perform inspections on behalf of the respective PARTY of all work included in the PROJECT that affects the PARTY's infrastructure and/or right of way, and will deliver written notices to the Chief Engineering Officer of the ILLINOIS TOLLWAY advising the ILLINOIS TOLLWAY as to the identity of the individual(s) assigned to perform said inspections. G. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section IX of this AGREEMENT. H. The ILLINOIS TOLLWAY shall give notice to all PARTIES upon completion of 70% and 100% of all PROJECT construction contracts to be subsequently maintained by the PARTIES, and all PARTIES shall make an inspection thereof not later than fifteen (15) calendar days after notice thereof. If any of the PARTIES do not perform a final inspection within fifteen (15) calendar days after receiving notice of completion of 100%of all PROJECT construction contracts or other inspection arrangements are not agreed to by the PARTIES hereto, the PROJECT 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 deliver within five (5) calendar days a written list identifying such deficiencies to the Chief Engineering Officer of the ILLINOIS TOLLWAY. Deficiencies thus identified shall be subject to joint re-inspection upon completion of the corrective work. The PARTY shall perform such joint re- inspections within ten (10) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied. 1. 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 2014, or the applicable version of the ILLINOIS TOLLWAY Standard or Supplemental Specifications. 7 V. FINANCIAL A. Except as otherwise identified herein,the ILLINOIS TOLLWAY agrees to pay all PROJECT related engineering, right of way, construction engineering and construction costs subject to reimbursement by ELK GROVE and ITASCA as hereinafter stipulated. Except as identified in Section I.E. and Section II1. E. herein,the COUNTY shall not incur any costs for the PROJECT. B. It is mutually agreed by the PARTIES hereto that preliminary engineering for the VILLAGE'S IMPROVEMENTS is the responsibility of ELK GROVE and ITASCA and that construction engineering shall be computed as 10% of actual construction costs. C. It is mutually agreed by the PARTIES hereto that the estimated cost for the VILLAGE'S IMPROVEMENTS is $145,683.60 for construction costs and $14,568.36 (10% of construction costs) for construction engineering, for a total estimated cost to ELK GROVE and ITASCA of $160,251.96, as shown on "Exhibit A". D. The estimated cost for the Bridge Fence Railing is the incremental cost difference between the ILLINOIS TOLLWAY's standard bridge fence railing and the "Special Bridge Fence Railing" requested by ELK GROVE and ITASCA. It is further agreed that notwithstanding the estimated cost, ELK GROVE and ITASCA shall be responsible for the 50% each of the actual costs associated with the VILLAGE'S IMPROVEMENTS described in the Recital section of this AGREEMENT. E. ELK GROVE and ITASCA each agree that upon award of the contract for this improvement and receipt of an invoice from the ILLINOIS TOLLWAY, ELK GROVE and ITASCA each will pay to the ILLINOIS TOLLWAY, an amount equal to 50% of their obligation incurred under this AGREEMENT, based upon actual bid prices, and they will pay to said ILLINOIS TOLLWAY the remainder of its obligation in a lump sum, upon completion of the PROJECT, based on actual final costs. ITASCA's cost responsibility for the final payment to the ILLINOIS TOLLWAY for their financial obligation as described in this AGREEMENT shall be reduced by a $26,624.66 credit from the ILLINOIS TOLLWAY as specified in Section V.F. of a separate agreement executed on September 24, 2014 for Contract I-13-4600 and Contract 1-13-4606 between the ILLINOIS TOLLWAY, ITASCA and the DEPARTMENT. F. 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 8 causing said supplemental work or more costly substitute work shall pay for the cost increases of said work in full upon completion of the PROJECT. VI. MAINTENANCE -DEFINITIONS A. The term "local" means any PARTY to this AGREEMENT other than the ILLINOIS TOLLWAY. With respect to this AGREEMENT, it means the DEPARTMENT, the COUNTY, ITASCA and ELK GROVE. B. The term "local road" refers to any highway, road or street under the jurisdiction of the locals. C. As used herein, the terms "maintenance" or "maintain" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section 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 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. 9 D. The term "drainage facilities" refers to both open and enclosed systems. The term "drainage structures" refers to enclosed systems only, and includes those elements of the drainage facility affixed to the bridge superstructures downstream from the scupper. E. The terms "notify", "give notice" and "notification" refer to written, verbal or digital communication from one PARTY to another concerning a matter covered by this AGREEMENT, for which the PARTY transmitting the communication produces and retains a record which substantiates the content, date, time, manner of communication, identification of sender and recipient, and manner in which the recipient may respond to the sender, as to the communication. F. The terms "be responsible for" or "responsibility" refer to the obligation to ensure performance of a duty or provision of a service under this AGREEMENT, provided, that a PARTY may arrange for actual performance of the duty or provision of the service by another competent entity if the other PARTY to this AGREEMENT is notified of such arrangement, but in no case shall the entity with the duty be relieved of ultimate responsibility for performance of the duty or provision of the service. G. The terms "consultation" or "consult with" refer to the duty of a PARTY to give notice to the other PARTY of a proposed action, with reasonable time for that PARTY to respond, but the PARTY with the duty to consult may proceed with the proposed action if the other PARTY does not respond within the time frame set forth in the notice provided, or in the case of the ILLINOIS TOLLWAY, it may proceed with the proposed action if deemed necessary by the Chief Engineering Officer. H. The term "approve" refers to the duty of a PARTY not only to consult with the other PARTY but also to provide consent for the proposed action and to retain a record which documents such consent. I. The term "grade separation structure" refers to all structural elements between the abutments and below the wearing surface of a bridge carrying one roadway over another, unless otherwise specified. J. These are three types of bridge structures that intersect the DEPARTMENT rights of way: 1. Type 1. An intersection where a grade separation structure has been constructed to carry the DEPARTMENT's highway over the local road. 2. Type 2. An intersection where a grade separation structure has been constructed to carry a COUNTY road over the DEPARTMENT's highway. 10 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 DEPARTMENT highway. VII. MAINTENANCE -RESPONSIBILITIES A. It is understood and agreed by the PARTIES hereto that this AGREEMENT shall supersede the earlier Agreement of July 14, 1969, entered into by the DEPARTMENT and the COUNTY hereto regarding maintenance of the Devon Avenue Bridge within the limits of this PROJECT. B. It is understood and agreed by the PARTIES that the ILLINOIS TOLLWAY shall have jurisdiction and maintenance responsibilities for the Elgin O'Hare Expressway upon transfer from the DEPARTMENT, in its entirety. The DEPARTMENT shall retain jurisdiction and maintenance for I-290 in its entirety and the COUNTY shall retain jurisdiction and maintenance responsibilities for Devon Avenue in its entirety, except as stated below. C. ELK GROVE agrees to maintain, or cause to maintain, the north side of the Devon Avenue Bridge decorative fence railing, the decorative parapet columns, the custom form liner for the outside parapet, the pilasters, the painted hand rail, the sidewalk on both the east and west approaches on the north side in their entirety, and rust removal from the parapets as a result of rust spilling over from the decorative fence railing on the north side and south side of the Devon Avenue Bridge. If the adjacent sidewalks or shared use paths on the east and west side of the bridge are cleaned and/or cleared by ELK GROVE, then ELK GROVE agrees to perform such operations on the connecting shared use path on the north side of the Devon Avenue Bridge structure. D. ITASCA agrees to maintain, or cause to maintain, the south side of the Devon Avenue Bridge, decorative fence railing, the decorative parapet columns, the custom form liner for the outside parapet, the pilasters, the painted hand rail, and the sidewalk stub outs on both the east and west approaches on the south side in their entirety. If in the future, ITASCA constructs a sidewalk on the south side of the Devon Avenue providing a connection to the Devon Avenue Bridge structure and if the adjacent sidewalks or shared use paths on the east and west side of the bridge are cleaned and/or cleared by ITASCA, then ITASCA agrees to perform such operations on the connecting sidewalk on the south side of the Devon Avenue Bridge. E. The COUNTY agrees to invite ELK GROVE and ITASCA to accompany them on scheduled bridge inspections for the purposes of determining need for any maintenance or rust removal, and the need for required maintenance shall be jointly agreed upon by all PARTIES. 11 F. ELK GROVE and ITASCA further agree to be responsible for concrete stain including future staining if the stain fades or the re-staining of future concrete repair sections on the Devon Avenue Bridge. The need for such work shall jointly be agreed upon by all PARTIES. The COUNTY and the DEPARTMENT agree to issue appropriate permits for such work as required. In addition, the COUNTY and the DEPARTMENT agree to provide ELK GROVE and ITASCA the opportunity to include concrete staining as part of applicable future bridge repairs at their sole cost. G. 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 Devon Avenue Type 2 - COUNTY Roadway over DEPARTMENT Right of Way 1. The COUNTY has all maintenance responsibility as to the following: a. All COUNTY right of way and COUNTY highway roadway approaches to the grade separation structure, including but not limited to pavement, curb and gutter, shoulders, guardrail, approach slabs, and approach embankments outside access control fences. b. The following portions of the grade elevation structure: i. The wearing surface; ii. The shared use path on the north side and the space for sidewalk on the south side of the bridge; iii. The deck, below the wearing surface and above the structural beams including expansion joints, parapet walls, etc.; iv. Drainage facilities above structural beams and girders; V. All lighting except underpass; vi. All COUNTY signals and signs; vii. All drainage facilities carrying exclusively COUNTY drainage. 12 2. The DEPARTMENT has all maintenance responsibility for all portions thereof not maintained by the COUNTY as set forth herein, including but not limited to the following: a. All parts of the grade separation structure, including but not limited to bearings, beams, girders, slope walls, abutments and piers; b. All fences along DEPARTMENT routes, except overpass fencing installed to separate pedestrians, bicycles and non-vehicular traffic from highway traffic; c. All bridge deck downspouts, from a clean-out installed directly below the scuppers to the outfall; d. All remaining drainage facilities installed for the purpose of carrying exclusively DEPARTMENT Highway drainage; e. All underpass lighting. H. The PARTIES agree that the DEPARTMENT reserves the exclusive right to review and approve the following: 1. Any and all signage affixed to the grade separation structure or placed on DEPARTMENT right of way; 2. The permitting of any and all loads traversing a grade separation structure over the DEPARTMENT that exceed the limits set forth in 92 Illinois Administrative Code 554, Subchapter f, Subpart F, Section 554.604 (Practical Maximum Weights); 3. The permitting of any and all loads traversing a grade separation structure over the DEPARTMENT issued in accordance with 92 Illinois Administration Code 554, Subchapter f, Subpart F, Section 554.605 (Superload Moves); 4. Restriction of load limits for the grade separation structure, in the event bridge conditions so warrant, provided that the DEPARTMENT will consult with the COUNTY as to the bridge conditions which warrant such restrictions; 5. Closure of lanes of traffic on or under the grade separation structure, for a repair or replacement project or in the event bridge conditions so warrant, provided that the COUNTY will consult with the DEPARTMENT before such closure; 6. Attachment to the grade separation structure, or placement on or across DEPARTMENT right of way, of any and all conduit, pipe, wire, pole, device or appurtenance, provided that if such attachment or placement is directly in 13 connection with operation of the COUNTY roadway or performance of COUNTY maintenance obligations under this AGREEMENT, the COUNTY may make such attachment or placement only after approval of the DEPARTMENT. I. 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. J. 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 COUNTY 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 PARTY pursuant to this AGREEMENT. K. ELK GROVE agrees to indemnify and hold the ILLINOIS TOLLWAY and the DEPARTMENT and their employees, officers, directors and agents harmless from all claims for death, injuries and damages to persons or property relating to the use, maintenance or reconstruction of the north side of the Devon Avenue Bridge decorative fence railing, the decorative parapet columns, the custom form liner for the outside parapet, the pilasters, rust removal from the parapets as a result of rust spilling over from the decorative fence railing, the sidewalk on both the east and west approaches on the north side, or in the adjacent sidewalks on the east and west side of the bridge if they are clean and/or cleared by ELK GROVE, then ELK GROVE agrees to such operations on the connecting the shared use path on the north side of the Devon Avenue Bridge structure. L. ITASCA agrees to indemnify and hold the ILLINOIS TOLLWAY and the DEPARTMENT and their employees, officers, directors and agents harmless from all claims for death, injuries and damages to persons or property relating to the use, maintenance or reconstruction of the south side of the Devon Avenue Bridge, the decorative fence railing, the decorative parapet columns, the custom form liner for the outside parapet, the pilasters, rust removal from the parapets as a result of rust spilling over from the decorative fence railing, the sidewalk stub outs on both the east and west approaches on the south side or if in the future, ITASCA constructs a sidewalk on the south side of the Devon Avenue providing a connection to the Devon Avenue Bridge structure and if the adjacent sidewalks on the east and west side of the bridge are clean and/or cleared by ITASCA, then ITASCA agrees to such operations on the connecting sidewalk on the south side of the Devon Avenue Bridge. 14 VIII. ADDITIONAL MAINTENANCE PROVISIONS A. During construction, the COUNTY shall continue to maintain all portions of the PROJECT within the COUNTY's right of way that are not to be improved or maintained by the construction contractor(s) pursuant to the approved plans and specifications, and the DEPARTMENT shall continue to maintain all portions of the DEPARTMENT Highway that are not required to be maintained by the construction contractor(s). 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. C. ELK GROVE agrees to defend, indemnify, and hold harmless the ILLINOIS TOLLWAY and the COUNTY and its commissioners, officials, employees, agents and representatives, and their respective heirs, successors and assigns, from and against any and all costs, expenses, attorney's fees, losses, damages and liabilities incurred or suffered directly or indirectly from or attributable to claims arising out of or incident to the construction, use, repair and/or maintenance of the shared use path and/or acts, errors or omissions of the officers, agents, employees, contractors, subcontractors, licensees or invitees of the PARTIES, excluding any loss or damage caused by any negligence on the part of the COUNTY relating to the shared use path. IX. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the Village of Itasca, the Village of Elk Grove, the County of Cook, the Illinois Department of Transportation and the Illinois State Toll Highway Authority. B. It is understood and agreed by the PARTIES hereto, that the DEPARTMENT shall have jurisdiction of I-290. The COUNTY shall retain jurisdiction of Devon Avenue traversed or affected by I-290 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. 15 E. Not later than fourteen (14) calendar days after execution of this AGREEMENT by the ILLINOIS TOLLWAY, 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 Engineering Officer of the ILLINOIS TOLLWAY, the Deputy Director/Region One Engineer of the DEPARTMENT, the Superintendent of the Department of Transportation and Highways of the COUNTY, the Village Engineer of ITASCA, and the Village Engineer of ELK GROVE shall meet and resolve the issue. 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. L Under penalties of perjury, ELK GROVE certifies that its correct Federal Tax Identification number is 36-6009201 and it is doing business as a governmental entity, whose mailing address is The Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois 60007. J. Under penalties of perjury, ITASCA certifies that its correct Federal Tax Identification number is 36-6005935 and it is doing business as a governmental entity, whose mailing address is The Village of Itasca, 550 W. Irving Park Road, Itasca, Illinois 60143. K. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. L. 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 by the ILLINOIS TOLLWAY. M. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns. 16 N. 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. O. 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 DuPage County, Illinois. P. All written reports, notices and other communications related to this AGREEMENT shall be in writing and shall be personally delivered, mailed via certified mail, overnight mail delivery, or electronic mail delivery to the following persons at the following addresses: To the ILLINOIS TOLLWAY: The Illinois Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineering Officer To the DEPARTMENT: The Illinois Department of Transportation 201 W. Center Court Schaumburg, Illinois 60196 Attn: Deputy Director/Region One Engineer To the COUNTY: The Cook County Department of Transportation and Highways 69 W. Washington Street, Room 2300 Chicago, Illinois 60602 Attn: Superintendent To ITASCA: The Village of Itasca 550 W. Irving Park Road Itasca, Illinois 60143 Attn: Village Administrator To ELK GROVE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager Q. The PARTIES agrees to maintain books and records related to the performance of this AGREEMENT and necessary to support amounts charged to the ILLINOIS 17 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. R. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. (This page intentionally left blank) 18 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF ELK GROVE VILLAGE By; Tahristb^ Attest: Craigt. Johnson, Mayor Date: (Please Print Name) THE VILLAGE OF ITASCA By; Attest: Jeff Pruyn, Mayor Date: (Please Print Name) THE COUNTY OF COOK By: Attest: Toni Preckwinkle, President David Orr, County Clerk Board of County Commissioners Date: (SEAL) Approved as to Form: Kimberly M. Foxx, State's Attorney Recommended for Execution By: By: Assistant State's Attorney John Yonan, P.E. Superintendent, Department of Transportation and Highways 19 THE ILLINOIS DEPARTMENT OF TRANSPORTATION By: Attest: Anthony J. Quigley, P.E. Region One Engineer Date: THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Date: Greg M. Bedalov Executive Director By: Date: Michael Colsch Chief Financial Officer By: Date: Elizabeth M.S. Oplawski Acting General Counsel Approved as to Form and Constitutionality Tiffany B. Schafer, Senior Assistant Attorney General, State of Illinois JMR IGA IDOT Cook County_Itasca_Elk Grove Village_EOWA_Devon Ave._092315 20 I i i EXHIBIT A DEVON AVENUE BRIDGE IMPROVEMENTS ESTIMATE OF COST PARTICIPATION CITY DESIGN CONSTRUCTION TOTAL CONSTRUCTION ENGINEERING ENGINEERING TYPE OF WORK COST 100% COST 5% COST 10% Decorative Railing $ 106,641.00 100% $ - 0% $ 10,664.10 100% $ 117,305.10 Concrete Stain $ 21,437.00 100% $ - 0% $ 2,143.70 100% $ 23,580.70 Custom Formliner $ 7,220.60 100% $ - 0% $ 722.06 100% $ 7,942.66 Decorative Parapet Columns $ 1,885.00 100% $ - 0% $ 188.50 100% $ 2,073.50 Hand Rail Painting $ 8,500.00 100% $ - 0% $ 850.00 100% $ 9,350.00 SUBTOTAL $ 145,683.60 $ - $ 14,568.36 $ 160,251.96 Total Elk Grave Village Responsibility(60%of Total Cosh $ 80,125.98 Village of Itasca Responsibility (50% of Total Cost) $ 80,125.98 Village of Itasca Credit from Illinois Tollway $ 26,624.66 TotalVillageof{tasca Cost Responsibility $ 53,601.32 NOTES: 1. The Village of Itasca's and Elk Grove Village's cost participation shall be predicated on the percentages shown above for the specified work. 2. The Village of Itasca's and Elk Grove Village's cost's shall be determined by multiplying the final quantities times the contract(s) unit price. 3. The Village of Itasca and Elk Grove Village are responsible for 100% of the unit cost differential for the Bridge Fence Railing (Special) and the custom formliner over and above the ILLINOIS TOLLWAY's standard treatment. 4. The Village of Itasca's and Elk Grove Village's cost responsibility for the VILLAGE's IMPROVEMENTS shall be based upon actual final costs, and payment shall be made in accordance with Section V. E. of this AGREEMENT. 5. The Village of Itasca credit is specified in Section V.F. of a separate agreement executed on September 24, 2014 for Contract 1-13- 4600 and Contract 1-13-4606 between the Illinois Tollway, Village of Itasca, and Illinois Department of Transportation.