06-192 Resolution No. 06-192
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
FOR RAMP BEAUTIFICATION
(Northwest Tollway Interchanges with Illinois 25,
Illinois 31 and Randall Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an Agreement the Illinois State Toll Highway Authority for Ramp Beautification
at the Northwest Tollway Interchanges with Illinois 25,Illinois 31 and Randall Road on behalf of the
City of Elgin with, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 9, 2006
Adopted: August 9, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES WITH IL25, IL31 AND
RANDALL ROAD
This agreement is made as of this ¶71 day of 14 u Co u S T, 2006, by and between the
City of Elgin, Illinois, a municipal corporation, hereinafter referred to as the "CITY", and The
Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of
Illinois, hereinafter referred to as the "TOLLWAY".
WITNESSETH
WHEREAS, the TOLLWAY owns the real property located at the intersection of the Northwest
Tollway - Interstate 90 (1-90) with Illinois Route 25 (IL25), Illinois Route 31 (IL31) and Randall
Road; said property existing within the boundaries of a certain TOLLWAY owned parcels;
legally described on Exhibit "A" attached hereto and hereinafter referred to as the "PROPERTY"
is the property to be improved by the CITY at the intersection of 1-90 with 125; and
WHEREAS, the CITY desires the placement, operation and maintenance of landscaping,
lighting, irrigation and ornamental signage on the PROPERTY, in accordance with the
PROJECT's site plan attached hereto as Exhibit "B" (Exhibit B illustrates the proposed
improvements at the intersection of 1-90 with IL25 only. It is the CITY's intention to construct
similar improvements at the remaining two intersection (IL31 and Randall Road) in the future;
the construction and maintenance of these future improvements will be governed by this
Agreement), to enhance the attractiveness of the 1-90 entrance to Elgin, Illinois, said
improvements hereinafter referred to as the "PROJECT"; and
WHEREAS, the TOLLWAY and the CITY are desirous of cooperating in the construction of the
PROJECT, and of setting forth the parties' maintenance responsibilities for the PROJECT
following completion of the PROJECT; and
WHEREAS, a cooperative intergovernmental agreement is appropriate and such an agreement
is authorized and encouraged by Article VII, Section 10 of the Constitution and the
"Intergovernmental Cooperation Act" (Ill. Rev. Stat., Ch. 127, para. 741, et. seq.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1 — PRELIMINARY ENGINEERING
1. The CITY agrees to prepare or cause to be prepared the contract plans, special provisions
and estimate, receive bids and award the construction contract for the PROJECT. The work
shall be awarded to a competent and experienced contractor (or contractors) who has
(have) adequate equipment, organization and finances to timely and properly perform the
f •
Page 2 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
•
work, and the TOLLWAY shall be promptly notified in writing of the contractor (or
contractors) receiving such award. The TOLLWAY shall have the right to review the
successful bid and approve the Contractor to whom the CITY intends to award the
PROJECT.
2. Prior to advertising for letting, the CITY shall submit to the TOLLWAY, for review, comment
and approval, the plans and special provisions for the PROJECT. After review thereof,
within ten (10) working days of receipt of said plans and special provisions, the TOLLWAY
will send to the CITY a letter either approving the documents or stating any objections
thereto, including reasons therefore. Approval thereof shall not be unreasonably withheld.
No changes to the proposed improvements within the TOLLWAY's Right of Way in the
approved plans and special provisions relating to the PROJECT shall be made by the CITY
without prior notice to the TOLLWAY. Such proposed changes, if any, in the approved
plans and special provisions shall be promptly reviewed by the TOLLWAY and comment
forwarded to the CITY in writing within ten (10)working days of receipt of the plans.
3. The CITY shall pay or cause to be paid all design engineering and construction costs related
to the PROJECT.
II—CONSTRUCTION AND CONSTRUCTION ENGINEERING
1. The CITY agrees to furnish all construction management as defined in the Tollway
Construction Manager's Manual during construction, and to cause the PROJECT to be built
in accordance with the approved plans and special provisions. All personnel within the work
zone shall be attired in an approved safety vest and hard hat at all times as defined in the
captioned Guide in item 5 below.
2. Any proposed changes in plans or special provisions during construction shall be submitted
to the TOLLWAY for prior written approval. The TOLLWAY shall respond within ten (10)
business days of its receipt of such submittal. Said approval(s) shall not be unreasonably
delayed or withheld.
3. The CITY shall give ten (10) calendar days written notice to the TOLLWAY prior to
commencement of construction work on the PROJECT.
4. Nothing herein is intended to, nor shall it authorize the CITY or its Contractor to interfere
with traffic on 1-90, or Tollway ramps.
5. All traffic control shall be performed in accordance with Tollway Roadway Traffic Control and
Communications Guidelines and the attached Exhibit D - Traffic Control for Maintenance
Procedures Exhibit.
6. The CITY and Contractor shall meet with the TOLLWAY at a pre-construction meeting, at
which time the Contractor shall present for the approval of the CITY and the TOLLWAY the
traffic control devices and procedures Contractor intends to use on the PROJECT.
f
Page 3 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
7. The CITY shall save and hold harmless the TOLLWAY from any and all claims, liabilities
and damages arising out of, or due to the award of the work and construction and the CITY
shall require each contractor to indemnify and hold harmless the TOLLWAY in accordance
with the indemnification provided the TOLLWAY in Article 107.14 of the TOLLWAY's 2000
Standard Specifications. This requirement shall be included in the special provisions of the
construction contract. All contractors and subcontractors performing work on, under or over
TOLLWAY property shall carry the kinds and amounts of insurance set forth on Exhibit "C"
with firms subject to TOLLWAY approval.
8. The CITY shall require that the Contractor execute full and complete releases of the
TOLLWAY from any and all claims of the Contractor prior to making final payment to the
Contractor.
9. The CITY shall require that the TOLLWAY, and its employees, be included as additional
insured parties in all insurance required of the Contractor, and that the TOLLWAY be added
as an additional protected party on all payment and performance bonds required of the
Contractor. Copies of said insurance policies and bonds shall be delivered to the
TOLLWAY prior to commencement of construction. This requirement shall be included in
the special provisions for the construction contract. Said Bonds and Insurance shall be as
shown on Exhibit"C".
10.The TOLLWAY shall have all reasonable rights of inspection during the progress of the work
on the PROJECT. In the event the TOLLWAY representative discovers work that materially
deviates from the approved plans and specifications the TOLLWAY's representative shall
notify the City Engineer or his authorized representative where such construction deviates
from approved plans and special provisions and the CITY shall thereafter cause said work to
be performed/corrected in accordance with said approved plans and special provisions
unless the CITY receives the TOLLWAY's written approval of said deviation.
11. When the work is complete, the CITY shall give notice to the TOLLWAY of the date for final
inspection of the work. The TOLLWAY shall make every reasonable effort to make a final
inspection within ten (10)working days from the receipt of said notice for final inspection. In
the event the TOLLWAY identifies work that does not conform to the contract plans and
special provisions, it shall notify the City Engineer of such nonconformity and shall promptly
detail in writing each item of work that requires correction. The CITY shall promptly correct
such nonconformity and inform the TOLLWAY when such corrections are complete and
afford to the TOLLWAY the opportunity to re-inspect the work as provided above.
12. The CITY shall not issue final payment to the Contractor for the work on the PROJECT until
all work is completed in compliance with the approved plans and special provisions and the
TOLLWAY's Chief Engineer has issued his written approval of the work following inspection
as called for in this Agreement.
13. The CITY shall pay all engineering and construction costs.
III —MAINTENANCE
1
Page 4 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
1. The TOLLWAY shall allow the CITY reasonable access to maintain the various
improvements encompassing the PROJECT pursuant to terms and conditions established,
from time to time, by the CITY Maintenance staff or CITY funded contractor and the
TOLLWAY after the construction is complete subject to the following:
a. The TOLLWAY's absolute right to construct, maintain, reconstruct, expand and operate
the Toll Highway System including all ramps and maintenance facilities.
b. The CITY maintenance shall not interfere with 1-90 or ramp traffic and CITY shall, when
necessary, request permission from the TOLLWAY per TOLLWAY guidelines to close a
portion of the ramp to perform needed island maintenance. The TOLLWAY shall
whenever possible cooperate with the CITY on such requests.
c. The TOLLWAY's absolute right to immediately terminate the CITY's access rights upon
a finding by the TOLLWAY's Chief Engineer that continued maintenance operations of
the CITY interfere with the safe or efficient operation of the Tollway system.
2. The CITY shall retain all ownership interest in all improvements constructed upon the
PROPERTY. In the event the CITY fails to maintain or abandons, as determined by the
TOLLWAY, any or all of the improvements constructed on the PROPERTY, the CITY shall,
at the TOLLWAY's sole discretion, remove any and all improvements and restore all
TOLLWAY property to its previous condition (prior to construction of the PROJECT) at the
CITY's sole cost and expense within ninety days of notice by the TOLLWAY to the City
Engineer via Registered Mail.
3. Upon completion of the PROJECT it is agreed that the maintenance responsibilities of the
CITY are as follows:
a. The CITY shall maintain or cause to be maintained:
(1) All improvements installed by the CITY pursuant to this Agreement, including all
decorative signs, landscaping, irrigation and lighting within the area identified on the
site plan attached hereto as Exhibit"B".
4. As used herein the terms "maintenance" or "maintain" shall refer to the satisfactory upkeep,
repair, reconstruction and operation of the right-of-way and facilities to assure safe and
continued use and preservation including, but not limited to, the removal of dirt and debris
and the upkeep of landscaped areas, trees, decorative signs and associated irrigation and
lighting.
5. Any maintenance work required to be performed by the CITY may be performed by the
TOLLWAY following ten (10) calendar days advance written notice identifying the work to be
performed and requesting the maintenance work be performed within a reasonable specified
time. In such event, if the TOLLWAY thereafter performs work required hereunder to be
performed by the CITY, the TOLLWAY shall be entitled to prompt reimbursement of actual
costs and expenses of said maintenance, including the costs and fees incurred by the
TOLLWAY to collect said costs and expenses.
The CITY hereby releases the TOLLWAY from any and all damages to the landscaping by
reason of the TOLLWAY's use and operation of its maintenance facilities and operations on the
PROPERTY, for example, winter salting operations. Further, CITY agrees to indemnify, defend
ti
Page 5 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
and hold harmless the TOLLLWAY, its directors, officers, employees and agents of and from
any and all claims for injury to person or damage to property arising out of the CITY's use and
maintenance of the PROPERTY and the improvements constructed upon it pursuant to this
Agreement.
IV— FUTURE INTERCHANGE IMPROVEMENTS
Landscape improvements to the Northwest Tollway interchanges with IL31 and/or Randall Road
shall be subject to the same administrative processes and approvals followed with respect to
the improvements to be constructed at Route 25.
At such time as the CITY desires to implement interchange improvements at IL31 and Randall
Road, the CITY will contact the Chief Engineer of the TOLLWAY to initiate discussions
concerning the nature of the desired improvements. Thereafter, the CITY will provide the
TOLLWAY with the necessary submittals, as determined by the TOLLWAY, for the TOLLWAY
to properly evaluate the CITY's intended improvements. Construction of the improvements shall
not proceed until the TOLLWAY has completed its review and not until the CITY has received
written approval from the TOLLWAY's Chief Engineer concerning the nature of the
improvements to be constructed and written authorization to proceed with construction of the
improvements.
Construction of future improvements shall be governed by the terms and conditions of this
Agreement and any other reasonable terms and conditions deemed appropriate by the
TOLLWAY given the nature of the improvements and the best interests of the TOLLWAY.
The TOLLWAY, in its sole discretion, reserves the right to deny the CITY's request to construct
improvements at IL31 and Randall Road.
The CITY understands further that a decision by the TOLLWAY's Chief Engineer to allow
construction of future interchange improvements may be subject to approval by the TOLLWAY's
Board of Directors.
V—GENERAL
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 by December
31, 2007.
Wherever in this Agreement the approval or review of either the CITY or the TOLLWAY is
provided for, said approval or review shall not be unreasonably delayed or withheld.
Any dispute concerning the final plans and specifications or in carrying out the terms of this
Agreement shall be resolved by a meeting of the City Engineer and the Chief Engineer of the
TOLLWAY. Any dispute not resolved as provided above shall be resolved by decision of the
CITY's Mayor and the Executive Director of the TOLLWAY, and their decision shall be final.
Page 6 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
It shall be the responsibility of the CITY to maintain and provide energy for any lighting and
water for irrigation to be provided pursuant to the approved plans and specifications for the
PROJECT at the CITY's sole cost and expense.
Not later than fourteen (14) days after the execution of this Agreement, each party shall
designate a representative in writing to the other party who shall serve as the full time
representative of the said party during the carrying out of the construction of the improvements.
Each representative shall have authority on behalf of such party, to receive notices, make
inspections and give approvals 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 and shall devote full time to this work.
THIS AGREEMENT shall be executed in six counterparts each of which shall be deemed as
original.
THIS AGREEMENT consists of these 7 pages and the following attachments:
Exhibit A - Plat of Survey Identifying the"Property"
Exhibit B - Site Plan - 1L25 & 1-90 Ramp Median Improvements
Exhibit C - Insurance Requirements
Exhibit D - Traffic Control for Maintenance Procedures Exhibit
Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
Modification: This AGREEMENT is not subject to modifications except in writing, executed by
the duly authorized representatives of the parties.
Venue: It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT and
venue shall lie in DuPage County, Illinois.
•
Page 7 of 7
RAMP BEAUTIFICATION AGREEMENT
NORTHWEST TOLLWAY INTERCHANGES
WITH IL25, IL 31 AND RANDALL ROAD
Notices: All notices shall be in writing and shall be personally delivered or mailed to the
following persons at the following addresses:
To TOLLWAY: The Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515
Attention: Chief Engineer
To CITY: The City of Elgin
150 Dexter Court
Elgin, IL 60120
Attention: City Manager
IN WITNESS WHEREOF, the parties have set their hands and sea , pursuant to their
respective corporate authorities, this Ag°44 day of , 2006.
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
BY
airman
ATTEST:
A
Secrets
CITY OF ELGIN
BY
Mayor
ATTEST:
City Clerk
Approved as to Form and Constitutionality
Attorney Gene -I, S fl"of III' •'.
•
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EXHIBIT C
INSURANCE REQUIREMENTS
A) GENERAL PROVISIONS
Insurance coverages shall be provided by insurance companies acceptable to the
Tollway and authorized to transact business under the laws of the State of Illinois. The
insurance companies providing coverage shall be rated by AM. Best and Company with a
rating of A-or better and a financial size category of not less than VII.
The contractor shall procure and maintain for the duration of the Contract insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under Contract by the Contractor, the
Contractor's agents, representatives, employees and subcontractors. The Contractor
shall not commence work until all the insurance required by this section or any Special
Provisions has been obtained. Current insurance policies, applicable endorsements or
certificates of insurance shall be filed with the Tollway at or before the time of executing
the Contract.The obligations under this section are mandatory, failure to request
certificates of insurance or insurance policies does not constitute a waiver by the Tollway
of the Contractor's obligations and requirements to maintain the minimal coverages
specified. Unless the Tollway consents in writing, all insurance procured by the
Contractor pursuant to these requirements shall be written on an occurrence basis.
Insurance coverages shall not be cancelled or changed unless a 30 day prior written
notice is given to the Tollway. Whether stated in these provisions or elsewhere, the
Tollway does not warrant the adequacy of the types of insurance coverage or the limit of
coverage specified.
B) DEDUCTIBLES AND SELF-INSURED RETENTION
Any deductible or self-insured retention must be declared. Deductibles or self-insured
retentions in excess of$10,000 must be approved by the Tollway.
C) POLICY REQUIREMENTS
Policies and Certificates of Insurance will be on forms acceptable to the Tollway and shall
provide for 30 days notice of cancellation or material change in coverages.
D) SUB-CONTRACTORS
The Contractor shall have their subcontractors provide commercial general liability,
business automobile liability,workers'compensation insurance and excess insurance
with coverage as broad as is described under'Scope of Insurance.' The limits of
coverage will be determined by the Contractor.The Contractor shall maintain, in
Contractor's files, evidence of all subcontractor insurance coverage. Failure to maintain
evidence of subcontractor insurance shall not constitute a contractual breach.
E) SCOPE OF INSURANCE
Coverage shall be as least as broad as:
1. Commercial General Liability-Include coverage for premises and operation, broad
form property damage, products completed operations, independent contractor's
personal injury liability and contractual obligations. Coverage shall not be excluded
because of Contractor negligence.
•
EXHIBIT C
INSURANCE REQUIREMENTS (CONT.)
2. Business Automobile Liability- Covering owned, hired and non-owned vehicles and
includes any required uninsured and underinsured insurance coverage for all
operators.
3. Workers' compensation insurance-As required by the Worker's Compensation Act
of the State of Illinois. Contractor may use Self-Insured Plan if the plan is approved
by the State of Illinois and certified by the Illinois Workers'Compensation
Commission.
4. Excess/Umbrella Liability-Coverage will be over the limits provided through
Commercial General Liability, Business Automobile Liability and Employers Liability
Insurance. Coverage should include drop-down provisions if the underlying policy
coverage is exhausted.
5. Owners Protective Liability(OCP)- Policy will include the specified named insureds
and show the name and address of the Tollway as primary named insured.
6. Builder's Risk Insurance-The policy terms will be on an"all-risk"basis and include
the Contractor and any sub-contractor of any tier as named insureds.The coverage
shall include waiver of the insurer's rights of subrogation against all contractors and
the Tollway.
F) LIMITS OF LIABILITY
Minimum limits of liability will include the following provisions:
1. Commercial General Liability—Limits of liability of not less than
$1,000,000 per occurrence and$2,000,000 annual general aggregate.The
general aggregate limit shall be endorsed on a per project basis.
Products/completed operations coverage will be maintained by the Contractor for
a minimum of two (2)years following acceptance of Work.
2. Business Automobile Liability—Limit of liability of not less of$1,000,000
combined single limit for bodily injury and property damage protection.
3. Workers' Compensation
i. Statutory limits
ii. Employer's liability of$1,000,000 per accident, per disease and aggregate for
disease, including voluntary compensation and where applicable, United
States Longshoremen and Harbor Workers.
4. Excess/Umbrella Liability—In addition to the limits of coverage specified In
(a), (b)and(c)above, not less than($)XXXX)per occurrence and in annual
aggregate will be maintained by the contractor.
5. Owners Protective Liability-Coverage shall be purchased and
maintained through the tern of the Work by the Contractor and shall include the
following as named insured's:
• Illinois Tollway, as primary named insured
•The consulting engineer for the Tollway
• The project Design Section Engineer(DSE)
•The project Construction Section Engineer(CSE)
•The Project Manager, if applicable
C-2 July 17,2006
EXHIBIT C
INSURANCE REQUIREMENTS(CONT.)
The limit of liability shall not be less than $5,000,000 per occurrence and in
aggregate for bodily injury and property damage.The policy shall define the
"Contractor" in the declaration as the contractor and all sub-contractors of every
tier.
6. Builder's Risk Insurance—The Contractor shall obtain,for the term of
the Contract, Builder's Risk Insurance from an insurance company that meets the
minimum requirements set forth in the General Provisions. The policy limit shall
be provided equal to the Original contract award amount and shall be adjusted as
needed to include all change orders and extra work orders.
G) ADDITIONAL INSUREDS
As part of the provisions and requirements for this project there may be a number of
contracts and intergovernmental agreements that require the Contractor to include the
contract or agreement entity as an additional insured"on the general liability insurance of
the Contractor.The Contractor shall include these additional insureds as part of a blanket
additional insured endorsement or individually named additional insureds.
These entities are to include but not limited to:
City of Elgin
V3 Companies of Illinois Ltd.
JJR. L.L.C.
This coverage shall be primary for the additional insureds and not contributing with
any other insurance or similar protection available to the additional insureds,whether
said other available coverage be primary contributing or excess.
H) INDEMNIFICATION
In addition to indemnifying the Authority under Sub-Section 107.14 of the Standard
Specifications, the Contractor shall also indemnify and save harmless City of Elgin,V3
Companies of Illinois, Ltd., and JJR, L.L.C. in accordance with the indemnification
requirements of Sub-Section 107.14 of said Standard Specifications.
C-3 July 17,2006
RAW
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NOTES:
L THE ERS ORACTORLSHALLAS T PARK ANY VEHICLES OR EOUIPMENT ON THE RAMP
RA 2. LANE CLOSURES SHALL BE PERMITTED ONLY BETWEEN 9AM AND 3PM. MONDAY—FRIDAY
WORK AND ONLY OFF PEAK LANE CLOSURES ON THE WEEKENDS.
3. ALL IREMENT WORKERS SHALL WHERE REFLECTIVE VESTS AND HARD HATS PER CURRENT TOLLWAY
4. LANE CLOSURE REQUESTS REQUIRE 48 HOUR ADVANCE NOTICE AND APPROVAL TO THE
TOLLWAY—MAINTENANCE.
W:1.46
EXHIBIT D - TRAFFIC CONTROL FOR MAINTENANCE PROCEDURES
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