HomeMy WebLinkAboutRESOLUTION - 28-20 - 4/14/2020 - Agreement-Cook County and Elk Grove Village for Touhy Avenue Intersection Improvement ProjectRESOLUTION NO.28-20
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK AND
THE VILLAGE OF ELK GROVE VILLAGE FOR THE TOUHY AVENUE INTERSECTION
IMPROVEMENT PROJECT - ELMHURST ROAD TO MOUNT PROSPECT ROAD
(SECTION 15-34117-01-RP)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document marked:
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF COOK
AND
THE VILLAGE OF ELK GROVE VILLAGE
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is
authorized to attest said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage and
approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 1411 day of April 2020.
APPROVED this 14th day of April 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
INTERGOVERNMENTAL AGREEMENT
THE COUNTY OF COOK TOUHY AVENUE
Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
VILLAGE OF ELK GROVE VILLAGE Federal Project No. 6CYP(041)
This Intergovernmental Agreement (the "Agreement") is made and entered into by and between
the County of Cook, a body politic and corporate of the State of Illinois (the "County"), and the Village of
Elk Grove Village, a municipal corporation of the State of Illinois (the "Village"). The County and the Village
are sometimes individually referred to as "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the Constitution of the State of Illinois (the "State"), 1970, Article VII, Section 10, authorizes
units of local government to contract or otherwise associate among themselves in any manner not prohibited
by law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.), authorizes and
encourages intergovernmental cooperation; and
WHEREAS, the County and the Village are units of government within the meaning of the Constitution of
the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an
intergovernmental agreement; and
WHEREAS, the Illinois State Toll Highway Authority (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 Tollway (I-90) with the Tri-State Tollway (I-294)
(hereinafter sometimes referred to as the Elgin O'Hare Western Access "EOWA"); and
WHEREAS, the EOWA will necessitate improvements along Touhy Avenue (IL 72) from Elmhurst Road to
Mount Prospect Road; and
WHEREAS, the Illinois Department of Transportation (State) has jurisdictional authority over Touhy Avenue
(IL 72) and has authorized the County to assume design and construction responsibilities of the EOWA
improvements along Touhy Avenue, which includes the intersections of Touhy Avenue at Elmhurst Road,
Touhy Avenue over the Western Access, Touhy Avenue over the Union Pacific Railroad, and Touhy Avenue
at Mount Prospect Road; and
WHEREAS, the Village owns facilities within State right-of-way, said facilities were installed by permit and
subject to the terms and conditions of the State permit for occupation within said right-of-way; and
WHEREAS, the County has undertaken design of improvements along Touhy Avenue and Elmhurst Road,
to be identified as Section: 15-34117-01-RP (hereinafter referred to as the "Project"); and
WHEREAS, the Project improvements to be built by the County are described as follows:
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
The scope of work for the Touhy Avenue at Elmhurst Road intersection improvements includes
construction of a new quadrant bypass connector roadway from Old Higgins Road to Touhy Avenue.
This section also includes the installation and interconnection of traffic signals at Touhy Avenue and
the Old Higgins Road connector, at Touhy Avenue and Elmhurst Road, and at Elmhurst Road and Old
Higgins Road/Estes Avenue.
The scope of work for Touhy Avenue over the EOWA includes the construction of a new grade
separation structure carrying Touhy Avenue over the EOWA.
The scope of work for Touhy Avenue over the Union Pacific Railroad (UPRR) consists of the
construction of a new grade separation structure carrying Touhy Avenue over the UPRR, as well as
arterial improvements which include the relocation and realignment of Mount Prospect Road from
Higgins Creek to the UPRR along with installation of a new traffic signal at Touhy Avenue.
The Project also includes the installation of drainage improvements, pavement markings, signing,
roadway lighting, multi -use paths, sidewalk, landscaping, retaining walls and all other work necessary
to complete the improvements in accordance with the approved construction plans and specifications;
and
WHEREAS, the Village has requested that the County include in its Project the installation of new Emergency
Vehicle Pre-Emption Device (EVPD) Systems on all signals within the Village limits of the Project, and at the
intersection of Touhy Avenue and realigned Old Higgins Road, new LED street name signs at all signalized
intersections within the Village limits of the Project, water main installation and/or replacement, decorative
street lighting and landscaped medians with water service line for future irrigation systems east of Elmhurst
Road (the "Village Work"); and
WHEREAS, the County and the Village, by this instrument, desire to memorialize their respective obligations
and responsibilities toward engineering, construction and funding of the Project as well as future maintenance
responsibilities of the completed Project; and
NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this
Agreement, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are incorporated into this Agreement as if fully set forth herein.
SECTION 2. TERM AND TERMINATION
This Agreement between the County and the Village shall not become effective unless authorized by the Cook
County Board of Commissioners and executed by the Cook County Board President and an authorized
representative of the Village. This Agreement is a legal, valid and binding agreement, enforceable against the
Village and, once duly authorized and executed by the Cook County Board of Commissioners, against the
County, in accordance with its terms. This Agreement shall terminate upon completion of the Project. Further,
in the event that any portion of the Federal CMAQ Funding becomes unavailable, this Agreement may be
subject to amendment or termination by written instrument signed by both Parties. Notwithstanding the
foregoing, the Parties hereto agree that the provisions of Subsections 5.9 Maintenance Agreement, 5.11 Post -
Project Maintenance and 5.13 Payment to the County herein shall survive termination of this Agreement,
unless expressly terminated by the Parties.
Page 2 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
This Agreement and the covenants contained herein shall become null and void in the event that a 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 County.
SECTION 3. PROJECT FUNDS
3.1 Federal Funds. Federal Funding in the amount of Eleven Million Four Hundred Fifty Thousand
Dollars ($11,450,000.00) Congestion Mitigation Air Quality (CMAQ) funds for the Touhy Avenue at
Elmhurst Road intersection improvements and Twenty -Three Million Two Hundred Eighty -Nine
Thousand Dollars ($23,289,000.00) Congestion Mitigation Air Quality (CMAQ) funds for the Touhy
Avenue over the UPRR improvements totaling a maximum amount of Thirty -Four Million Seven
Hundred Thirty -Nine Thousand Dollars ($34,739,000.00) will be applied toward the eligible portions
of the Project construction and utility relocation costs as described herein.
3.2 County's Share of the Project. The County shall finance the entire cost of the Project subject to
reimbursement as herein stipulated. For the purposes of this Agreement, the County's share shall
include funding from other agencies as described in separate agreements. The County's share of the
Project shall be equal to the actual cost for design engineering, construction, construction engineering
and utility relocations for the Touhy Avenue at Elmhurst Road intersection improvements (including
Village water main and sanitary sewer) and the Touhy Avenue over the UPRR portions of the Project
less the Federal Share of construction and utility relocation costs for the respective portions of the
Project and less the Village's share of the Project. The County's total cost for the Project is estimated
as Forty -Seven Million Five Hundred Sixty -Five Thousand Eight Hundred Forty -Nine Dollars
($47,565,849.00).
3.3 Village's Share of the Project. The Village's share of the Project shall be equal to the actual cost of
the Village Work as listed hereinbefore; plus one hundred (100%) percent of the costs for street
lighting within the Village limits of the Project; plus fifty (50%) percent of the costs for new sidewalk
and multi -use path; less fifty (50%) percent of the costs for deteriorated sidewalk replacement at
locations not impacted by construction; less one hundred (100%) percent of the costs for the
landscaped median (excluding water service line); and, including design and construction engineering
as a fraction of the total Village cost as described in Subsection 4.4 of this Agreement. The Village's
total cost for the Project is estimated as One Million Six Hundred Fifty -Six Thousand Two Hundred
Ninety -One Dollars ($1,656,291.00).
3.4 Cost Estimates. A Cost Breakdown for the Village's Share of the Project is incorporated and attached
hereto as Exhibit A. The Cost Breakdown is only an estimate and does not limit the financial
obligations of the Parties as described in 3.1 through 3.3 above.
SECTION 4. COUNTY' S RESPONSIBILITIES
4.1 Design Engineering. The County shall design, prepare construction plans, specifications, estimates
and contract documents for the Project, including the new EVPD systems.
4.1.1 The County shall incorporate the Village Work into the Project design plans and specifications
using Village standards; and, said design plans shall be approved by both the Village and the
County. The cost for said work shall be reimbursed to the County by the Village.
Page 3 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34 l 17-01-RP
Federal Project No. 6CYP(041)
4.1.2 The County shall utilize a full -depth Portland Cement Concrete pavement design provided by
the Village for the segment of Estes Avenue to be reconstructed as part of the Project.
4.1.3 The County shall define land acquisition needs for temporary and permanent easements for
the Project, including any displacements and/or relocations required for construction, and
provide same to the Illinois Tollway for further processing.
4.1.4 The County shall be responsible for ensuring that all permits necessary for the Project are
secured, including regulatory and railroad permits.
4.2 Construction.
4.2.1 The County shall advertise and receive bids, let, award, and cause the Project to be built in
accordance with the approved Project construction plans, specifications and construction
contract.
4.2.2 Subsequent to the award of the construction contract, and before any work is started on the
Project, a pre -construction conference shall be held between the State, the Illinois Tollway,
the County, the interested contractor(s), the UPRR, the Village of Elk Grove Village, the City
of Chicago, the City of Des Plaines and the affected utility agencies, at a time and place as
designated by the County's representative, for the purpose of coordinating the work to be
performed by the several contingents, and at which time a schedule of operations will be
adopted.
4.2.3 The County shall coordinate localized public notification of driveway and side street closures,
and detour plans with residents, schools, businesses and emergency services.
4.3 County as Lead Agent; ppropriation of Funds. The County shall finance the design engineering,
construction and construction engineering and act as Lead Agent for the Project as authorized by the
State of Illinois.
4.4 Village Infrastructure.
4.4.1 Any and all Village infrastructure improvements on State routes are subject to approval by the
State.
4.4.2 The County shall replace or relocate existing sidewalk which interferes with construction, at
its sole expense.
4.4.3 The County shall remove and replace deteriorated sidewalk as part of the Project, at locations
not impacted by construction and identified by the Village, and the cost of said sidewalk shall
be shared as 50% Village and 50% County. Costs shall include sidewalk, subbase granular
material, protective coat, detectable warnings and sidewalk removal.
4.4.4 The County shall install new bicycle and pedestrian facilities as part of the Project, including
multi -use paths and new sidewalk along Elmhurst Road (south of Touhy Avenue) and along
Touhy Avenue within the Village limits, and the cost of said facilities shall be shared as 50%
Village and 50% County. The locations of said multi -use paths and sidewalk are delineated
on the attached Exhibit B.
Page 4 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
4.4.5 The County shall submit a written request and obtain approval from the Village prior to
making minor adjustments to existing Village utilities, including water main, sanitary sewers,
structure adjustments and fire hydrants which interfere with construction, at its sole expense.
4.4.6 The County shall design and install new water main and/or replace existing water main at
locations requested by the Village. The cost for design and construction of said water main
shall be at the Village's sole expense. The locations of said water main are delineated on the
attached Exhibit B.
4.4.7 The County shall install a landscaped median with seeding (approved by the State) along
Touhy Avenue from Elmhurst Road to Old Higgins Road. A water service line shall be
provided to the median for future irrigation by the Village, at the Village's expense. The
County share of said costs shall not exceed the cost of installing an equivalent concrete median
and the Village shall be responsible for any landscaped median costs in excess of said County
share, greater than 5% margin of error.
4.4.8 The County shall install new LED street name signs at all signalized intersections which are
being upgraded within the Village limits of the Project. Said intersections shall include Touhy
Avenue/Higgins Road at Elmhurst Road, Elmhurst Road at Old Higgins Road/Estes Avenue,
and Elmhurst Road at Greenleaf Avenue. The cost for said signs shall be at the Village's sole
expense.
4.4.9 The County shall install new Emergency Vehicle Pre-Emption Device (EVPD) Systems at
four (4) intersections within the Project limits that are served by the Elk Grove Fire
Department, at the Village's sole expense, unless said equipment has been upgraded prior to
construction. Said locations shall include Touhy Avenue/Higgins Road at Elmhurst Road,
Touhy Avenue at Old Higgins Road, Elmhurst Road at Old Higgins Road/Estes Avenue and
Elmhurst Road at Greenleaf Avenue.
4.4.10 The County shall design and construct a Portland Cement Concrete (PCC) retaining wall along
the west side of Elmhurst Road between Greenleaf Avenue and Estes Avenue. The location
of the wall is delineated on the attached Exhibit B. The wall will be designed per Village
approval of size, location, railing, decorative form liner and other appurtenances. The cost of
construction of the wall shall be at the sole expense of the County.
4.4.11 The County shall provide the Village fourteen (14) days' advance notice for access
closures involving any residential driveways, side streets and business entrances.
4.4.12 The County shall allow the Village to observe all construction of Village infrastructure
installed as part of the Project, address concerns expressed by the Village regarding said
construction, and allow the Village to participate in the Final Inspection of said Village
infrastructure.
4.5 Tree Replacement. Any tree plantings to be included as part of the Project shall be determined in
accordance with the Illinois Tollway's EOWA tree replacement policy and coordinated with the
Village. Any specific tree plantings or other new aesthetic improvements that may be requested by
the Village will be subject to the EOWA accounting. Accordingly, all tree removals will be accounted
for, but will not necessarily be replaced within the same Project limits from which they were removed.
Page 5 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
The costs for any tree removal included as part of the Project shall be at the County's expense and the
costs for tree replacement shall be apportioned between the County and the Illinois Tollway.
4.6 Street Lighting. The County shall install new decorative street lighting along Touhy Avenue from the
west Project limit to a point approximately 600 feet east of Elmhurst Road where the State lighting
begins; along Old Higgins Road from Elmhurst Road to Carmen Drive where the State lighting begins;
and, along Elmhurst Road from Greenleaf Avenue to Landmeier Road as part of the Project. The cost
of said lighting shall be at the Village's sole expense as described in Section 5.3.1 herein. The
locations of said street lighting are delineated on the attached Exhibit B.
4.7 City of Des Plaines Emergency Water Connection. The County shall install a water service connection
to the Elk Grove Village water main, east of Carmen Drive along Old Higgins Road, including vault,
meter and valve. Said service will connect the Elk Grove water system to the City of Des Plaines
water system along Old Higgins Road. The meter, valve and water line installed as part of this
connection will be owned and maintained by the City of Des Plaines and used only as an emergency
water supply by the City of Des Plaines in the event that their main water supply to City properties,
west of I-490, is interrupted. Terms of water service use and costs to be defined under separate
agreement between the Village and the City of Des Plaines. There shall be no Village cost associated
with this work.
4.8 Notification of Final Inspection. The County shall provide the Village fourteen (14) days'
advance notice of the Final Inspection of all work constructed as part of the Project ("Final
Inspection").
SECTION 5. VILLAGE'S OBLIGATIONS
5.1 Time of the Essence. The obligations of the Village as set forth in this Section 5 shall be performed in
a timely manner such that it will not result in a delay of the Project timetable as determined by the
County.
5.2 Village Plans and Specifications.
5.2.1 The Village shall supply standard details and specifications for the Village Work (water main,
water meter vault, retaining wall and median landscaping details) to be included in the Project
design plans. The County, with the Village's assistance, shall be responsible for securing any
regulatory permits needed for the water main work, street lighting, LED street name signs,
etc. including IDOT, IEPA, MWRD, etc.
5.2.2 The Village shall provide GIS infrastructure plans and sanitary lift station plans to the County
for coordination with the improvements along Elmhurst Road.
5.3 Village Cost Responsibility
5.3.1 The Village shall be solely responsible for the cost of the new decorative street lighting
requested by the Village and installed within the Village limits of the Project along Touhy
Avenue, Elmhurst Road and Old Higgins Road.
Page 6 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34 l 17-0 l -RP
Federal Project No. 6CYP(041)
5.3.2 The Village shall be solely responsible for the cost of the new EVPD Systems at four (4)
intersections within the Project limits identified in Section 4.4.9 and LED street name signs
installed within the Village limits as part of the Project.
5.3.3 The Village shall be responsible for fifty (50%) percent of the costs for new multi -use path
and new sidewalk installed within the Village limits as part of the Project, and deteriorated
sidewalk removal and replacement for locations not impacted by construction.
5.3.4 The Village shall be solely responsible for the cost of the water service line, service boxes and
connections associated with the landscaped median installed as part of the Project.
5.3.5 The Village shall be responsible for any costs for the landscaped medians in excess of the
County share for said costs, greater than 5% margin of error. The County share shall not
exceed the cost of a similar concrete median (estimated $152,595) in lieu of topsoil/seeding
excluding the costs described in Subsection 5.3.4.
5.3.6 The Village shall be solely responsible for the cost of the new water main installation and/or
replacement within the Village limits included as part of the Project.
5.3.7 The Village shall be responsible for design and construction engineering costs associated with
the work described in this Section 5.3. It is mutually agreed by the Parties hereto that design
engineering costs shall be computed as five (5%) percent of the actual construction costs and
that construction engineering shall be computed as ten (10%) percent of the actual
construction costs for the Village share of said work.
5.4 Public Notification of Project. The Village will post County notifications of the Project scope, timing
and duration through its municipal newsletter, website, etc.
5.5 Village Owned Right -of -Way. The Village shall allow the County reasonable access to the Village
owned right-of-way or utility easements for the purposes of constructing the Project, including the use
of Village streets for possible detour routing of Estes Avenue traffic during construction of the Project.
5.6 Coordination with the County.
5.6.1 The Village shall have the opportunity to review and approve contractor submittals prior to
installation of Village Work items. The Village shall have the opportunity to be involved in
construction of the Project, shall assign a representative to coordinate and monitor the Village
Work under construction, and bring to the attention of the County's Resident Engineer any
matters of concern with respect to same.
5.6.2 Following an inspection of the completed landscaped median by the Village and the County,
and acceptance of the median by the Village, the Village shall assume mowing operations for
the landscaped median during the interim period between physical construction of the median
and Final Acceptance of the Project.
5.7 Additional Work. In the event that the Village requests additional work or changes in the Project
scope (excluding changes resulting from unforeseen circumstances or field changes for which the
County shall be notified), a written request shall be submitted to the County prior to fifty (50%) percent
of the original contract dollars having been expended and providing that said additional work would
Page 7 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34 l 17-01-RP
Federal Project No. 6CYP(041)
not delay implementation of the Project. Any such request shall be subject to County review and
approval prior to incorporation into the Project. Further, the Village shall be responsible for one
hundred (100%) percent of the additional costs for design engineering, construction and construction
engineering associated with said additional work.
5.8 Final Inspection. The Parties shall be present and participate in the Final Inspection, and the scheduling
of such Final Inspection shall be solely at the discretion of the County (subject to the provisions of
notice as required by Section 4.7 of this Agreement). The Village shall not cause a condition that
would unreasonably delay the Final Inspection. The Village shall submit final punch list items within
seven (7) days prior to the Final Inspection date as determined by the County.
5.9 Maintenance Agreement. The State shall continue to own, operate and maintain Touhy Avenue (IL
72) from Elmhurst Road to Mount Prospect Road; Elmhurst Road (IL 83) from Greenleaf Avenue to
Landmeier Road; and, Old Higgins Road from Elmhurst Road to Touhy Avenue upon completion of
the Project. The Village may enter into a separate agreement with the State to establish ownership
and maintenance responsibilities for the multi -use paths, sidewalk, EVPD Systems, traffic signals,
LED street name signs, street lighting, landscaped median, retaining wall and water main installed or
improved along the respective roadways within the Village limits as part of the Project.
5.10 City of Des Plaines Agreement. The Village may enter into a separate agreement with the City of Des
Plaines to establish service costs, liability and maintenance responsibilities for the water main
connection installed near Old Higgins Road between the City system and the Village system as part
of the Project.
5.11 Post-Proiect Maintenance. Following acceptance of the Project after a Final Inspection conducted
jointly with the Village and the County, the Village shall:
5.11.1 Continue to own, operate and maintain Estes Avenue, west of Elmhurst Road, as a municipal
street upon completion of the Project.
5.11.2 Continue to own, operate and maintain Carmen Drive, south of Old Higgins Road, as a
municipal street upon completion of the Project.
5.11.3 Own, operate and maintain the multi -use paths, sidewalk (including detectable warnings),
EVPD Systems at four (4) intersections within the Project limits identified in Section 4.4.9,
LED street name signs, street lighting and water main installed or improved within the Village
limits, as part of the Project. Further, the Village shall be responsible for one hundred (100%)
percent of the energy costs for said street lighting.
5.11.4 Maintain the landscaped median and associated water service line installed along Touhy
Avenue, from Elmhurst Road to Old Higgins Road, as part of the Project (including the section
of landscaped median extending beyond the municipal limits).
5.11.5 Own and maintain the PCC retaining wall constructed along the west side of Elmhurst Road
between Greenleaf Avenue and Estes Avenue.
5.1 1.5 Share the Maintenance and Electrical Energy costs with the State for the traffic signals which
were improved as part of the Project along Elmhurst Road at Greenleaf Avenue and Elmhurst
Road at Estes Avenue as follows:
Page 8 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
Elmhurst Road at Greenleaf Avenue — Village Share 50% Maintenance & 100% Energy
Elmhurst Road at Estes Avenue — Village Share 25% Maintenance & 25% Energy
5.12 Indemnification. By execution of this Agreement, the Village agrees to defend, indemnify and hold
harmless 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 sidewalk and multi -use path installed or
improved under this Agreement and/or the 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 said improvements or existing sidewalk.
5.13 Payment to the County. The costs that the Village is obligated to pay as described in Section 3. Project
Funds, shall be paid in four (4) installments as follows:
5.13.1 The first installment (approximately 50% of the Village's total estimated financial obligations
for the Project) in the amount of Eight Hundred Twenty -Eight Thousand Dollars
($828,000.00) shall be invoiced by the County within ninety (90) days following the contract
award, and the Village shall pay the County within sixty (60) days after receipt of the invoice
from the County.
5.13.2 The second installment (approximately 20% of the Village's total estimated financial
obligations for the Project) in the amount of Three Hundred Thirty -One Thousand Dollars
($331,000.00) shall be invoiced by the County one (1) year following the contract award, and
the Village shall pay the County within sixty (60) days after receipt of the invoice from the
County.
5.13.3 The third installment (approximately 20% of the Village's total estimated financial obligations
for the Project) in the amount of Three Hundred Thirty -One Thousand Dollars ($331,000.00)
shall be invoiced by the County two (2) years following the contract award, and the Village
shall pay the County within sixty (60) days after receipt of the invoice from the County.
5.13.4 The fourth installment for the remaining balance of the Village's total financial obligations
for the Project, based upon the actual quantities used and the contract unit prices as awarded,
shall be invoiced by the County subsequent to completion of the Project, and the Village shall
pay the County within sixty (60) days after receipt of the invoice from the County.
5.13.5 Payments to the County shall be by check payable to the Treasurer of Cook County, for
deposit into the County's Motor Fuel Tax Fund (600-585 Account) and identified as
Section: 15-34117-01-RP. The check shall be delivered to the Superintendent, Cook
County Department of Transportation and Highways.
SECTION 6. GENERAL PROVISIONS
6.1 Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of
the State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or
proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County
and each Party hereby irrevocably consents to the personal and subject matter jurisdiction of such
court and waives any claim that such court does not constitute a convenient and appropriate venue for
such claims, suits, actions, or proceedings.
Page 9 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
6.2 Default. The Village shall be in default hereunder in the event of a material breach by the Village of
any term or condition of this Agreement including, but not limited to, a representation or warranty,
where the Village has failed to cure such breach within thirty (30) days after written notice of breach
is given to Village by the County, setting forth the nature of such breach. Failure of County to give
written notice of breach to the Village shall not be deemed to be a waiver of the County's right to
assert such breach at a later time. Upon default by the Village, the County shall be entitled to exercise
all available remedies at law and in equity, including but not limited to termination of this Agreement
upon thirty (30) days' notice to the Village.
The County shall be in default hereunder in the event of a material breach by the County of any term
or condition of this Agreement including, but not limited to, a representation or warranty, where the
County has failed to cure such breach within thirty (30) days after written notice of breach is given to
the County by the Village, setting forth the nature of such breach. Failure of Village to give written
notice of breach to the County shall not be deemed to be a waiver of the Village's right to assert such
breach at a later time. Upon default by the County, the Village shall be entitled to exercise all available
remedies at law and in equity, including but not limited to termination of this Agreement upon thirty
(30) days' notice to the County.
6.3 Modification. This Agreement may not be altered, modified or amended except by a written instrument
signed by both Parties. Provided, however, the Parties agree that provisions required to be inserted in
this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted
whether or not they appear in this Agreement and that in no event will the failure to insert such
provisions prevent the enforcement of this Agreement.
6.4 Binding Successors. The County and the Village agree that their respective successors and assigns
shall be bound by the terms of this Agreement.
6.5 Force Maieure. Neither the County nor the Village shall be liable for failing to fulfill any obligation
under this Agreement to the extent any such failure is caused by any event beyond such Party's control
and which event is not caused by such Party's fault or negligence. Such events shall include but not
be limited to acts of God, acts of war, fires, lightning, floods, epidemics or riots.
6.6 Notices. Unless otherwise specified, any notice, demand or request required under this Agreement
must be given in writing at the addresses set forth below by any of the following means: personal
service, overnight courier or first class mail.
TO THE COUNTY:
Mr. John Yonan, P.E.
Superintendent
Cook County Department of Transportation and Highways
69 West Washington, 241h Floor
Chicago, IL 60602
312-603-1600
TO ELK GROVE VILLAGE:
Page 10 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(04I )
Mr. Raymond R. Rummel
Village Manager
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
847-439-3900
6.7 Insurance. The County shall require that the Village, their agents, officers and employees be included
as additional insured parties in the General Liability Insurance that the County requires of its
contractor(s) and that the Village 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).
6.8 Section Headings. The descriptive headings of various sections of this Agreement are for convenience
only and shall not control or affect the meaning or construction of any of the provisions hereof.
6.9 Entire Agreement. This Agreement constitutes the entire agreement between the County and the
Village, merges all discussion between them and supersedes and replaces any and every other
prior or contemporaneous agreement, negotiation, understanding, commitments and writing with
respect to such subject matter hereof.
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an
original and all of which shall be deemed one and the same instrument.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Page 11 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(04I )
IN WITNESS WHEREOF, the County and the Village have caused this Agreement to be executed by their
respective officials on the dates as shown.
EXECUTED BY COUNTY:
Toni Preckwinkle
President
Cook County Board of Commissioners
This _ day of A.D. 2019
ATTEST:
County Clerk
(SEAL)
RECOMMENDED BY:
John Yonan, P.E.
Superintendent
County of Cook
Department of Transportation and Highways
EXECUTED BY
VILLAGE OF ELK GROVE VILLAGE:
Craig B. Johnson
Mayor
This day of A.D. 2019.
ATTEST:
Village Clerk
(SEAL)
APPROVED AS TO FORM:
Kimberly M. Foxx, State's Attorney
Assistant State's Attorney
Page 12 of 13
INTERGOVERNMENTAL AGREEMENT
Touhy Avenue — Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
Federal Project No. 6CYP(041)
EXHIBIT A: SUMMARY TABLE
TOUHY AVENUE - ELK GROVE VILLAGE COST BREAKDOWN
ITEM SUBTOTAL
ELK GROVE VILLAGE
COOK COUNTY
TOTAL
TOTAL
Sidewalk
$ 117,338
$ 312,163
Multi -Use Path
$ 65,017
$ 65,017
Street Lighting
$ 691,017
$ -
EVPD System
$ 33,007
$
LED Street Name Signs
$ 18,000
$ -
Landscaped Median
$ 17,500
$ 92,320
Water Main
$ 498,374
$ -
Retaining Wall
$
$ 194,838
$1,440,253
$ 664,338
DESIGN ENGINEERING (5% of total
construction cost of listed items)
$ 72,013
$ -
CONSTRUCTION ENGINEERING (10%
of total construction cost of listed items)
$ 144,025
$ -
MOO,$1,656,291
9011 e��.+n c`R t'
$ 664,338
PROJECT COSTS THAT DO NOT AFFECT VILLAGE
$ 46,901,5111
$ 47,565,849
FEDERAL CMAQ FUNDING FOR PROJECT
$ 34,739,000
VILLAGE COST SHARE MOVED OVER
$ 1,656,291
,. 1W
$ 83,961,140
1. The County share of the Project is partially subject to reimbursement from other partner agencies through
separate agreements for the Project.
2. The County share of the Landscaped Median shall not exceed the cost of a similar concrete median
(estimated $152,595). The Village shall be responsible for any costs exceeding the County share, greater
than a 5% margin of error, excluding the water service installation costs.
Page 13 of 13
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EXHIBIT 8
ELK GROVE VILLAGE