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14-77 Resolution No. 14-77 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY REGARDING THE I-90 PROJECT AND THE RECONSTRUCTION AND THE REPLACEMENT OF THE FOX RIVER BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with the Illinois State Toll Highway Authority regarding the I-90 Project and the reconstruction and the replacement of the Fox River Bridge, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE CITY OF ELGIN This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this 1Q day of J 04.Y_AD, 2014, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "ILLINOIS TOLLWAY", and THE CITY OF ELGIN, a municipal corporation of the State of Illinois, hereinafter called the "CITY", individually referred to as "PARTY", and collectively referred to as "PARTIES". WITNESSETH: WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, intends to improve the Jane Addams Memorial Tollway (I-90) from the John F. Kennedy Expressway to Interstate Route 39 (hereinafter sometimes referred to as "Toll Highway"), and included in multiple ILLINOIS TOLLWAY construction contract(s); and WHEREAS, the ILLINOIS TOLLWAY is removing and replacing the I-90 over the Fox River Bridge as one of its multiple contracts which is included in Contract I-13- 4144 (hereinafter referred to as the 'PROJECT")by making the following improvements: The work consists of bridge and roadway reconstruction and widening which will provide for a new pair of bridges to allow eight lanes of traffic with full inside and outside shoulders. Both bridges are being widened equally by 25'-8" for a total out-to-out structure width of 166'-6". The work under also includes,but is not limited to bridge demolition, bridge reconstruction, retaining wall construction, noise wall construction, pedestrian bridge removal and construction, widen and reconstruct pavement, temporary and permanent storm sewer systems, including pipes and structures, temporary and permanent lighting, temporary and permanent erosion control measures, intelligent transportation system equipment, roadside safety improvements including guardrail, temporary concrete barrier, terminals, and other work,haul road reconstruction, temporary and permanent pavement marking and delineation, Maintenance of Traffic control measures, earthwork including topsoil stripping, embankment construction, hauling and proper disposal of excess material off site or to designated ILLINOIS TOLLWAY facilities, an all other work necessary to complete the PROJECT in accordance with the approved plans and specifications; and WHEREAS, as stated above, the ILLINOIS TOLLWAY, as part of the PROJECT, is utilizing Tollgate Road from Illinois Route 31 to Airport Road and Airport Road from Tollgate Road to River Road; and also Duncan Avenue from north of I-90 to Trout Park Road and Trout Park Road from Duncan Avenue to Illinois Route 25 (Dundee Avenue) as haul road routes (the "Haul Roads") which after construction of the PROJECT the pavement of these routes shall be reconstructed in accordance with the CITY's current roadway standards or better at no cost to the CITY; and WHEREAS, the use of the Haul Roads in connection with the PROJECT shall be limited to vehicular access to the PROJECT site and shall not include any other uses such as storage of materials, storage of equipment or vehicles, parking or standing of vehicles, provided however, the temporary parking or standing of construction vehicles on that portion of Airport Road used as a Haul Road in connection with the PROJECT shall be permitted as long as such temporary parking or standing of construction vehicles does not obstruct traffic on such portion of Airport Road; and WHEREAS, the ILLINOIS TOLLWAY shall also include in its PROJECT, pursuant to individual separate plans submitted to and approved by the CITY for each of the following: the removal and full depth replacement of the pavements on each of the Haul Roads; the removal and replacement of the 60" culvert on Airport Road, the removal and replacement of the 4" water service line to Voyager Landing, the removal and replacement of the water main crossing of I-90 west of Illinois Route 25, and the termination/restoration of the Trout Park storm sewer; and the closure of the parking lot immediately south of the Toll Highway and west of Duncan Avenue, all of such items at no cost to the CITY; and WHEREAS, as part of the PROJECT the bike paths from River Road to Airport Road, under the Fox River Bridge, and the parking lot located by the Fox River Bridge shall be temporarily closed; and WHEREAS, the ILLINOIS TOLLWAY and the CITY 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 CITY by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq., and pursuant to its powers as a home rule unit, is authorized to enter into this AGREEMENT; and WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows: I. ENGINEERING A. The ILLINOIS TOLLWAY agrees, at its sole expense, to perform preliminary and final design engineering, obtain necessary surveys, and prepare the final plans and specifications for the PROJECT. B. The CITY shall review the plans and specifications which impact the CITY's maintained highways within thirty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from the CITY within this time period, the lack of response shall be deemed approval of the plans and specifications. Approval by the CITY shall mean the CITY agrees with all specifications in the plans, including alignment and location of the PROJECT improvements which impact the CITY's maintained highways. In the event of disapproval, the CITY will detail in writing its objections to the proposed plans and specifications for review and consideration by the ILLINOIS TOLLWAY. C. Any dispute concerning the plans and specifications shall be resolved in accordance with Section IX of this AGREEMENT. D. 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, 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. E. The CITY shall 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 the CITY. The permits and rights of access to be provided by the CITY to the ILLINOIS TOLLWAY pursuant to this AGREEMENT are as follows: i. Access to the Haul Roads during construction of the PROJECT and during the reconstruction of the Haul Roads by the ILLINOIS TOLLWAY. ii. Permits to cross Duncan Avenue, Airport Road and River Road for the construction of an ILLINOIS TOLLWAY maintained and permanent storm sewer. iii. Permits to remove and replace the culvert under Airport Road. iv. Permits to remove and replace the full depth pavements of the Haul Roads. V. Access to and use of the parking lot immediately south of the Toll Highway and west of Duncan Avenue during construction and permits for the reconstruction of such parking lot by the ILLINOIS TOLLWAY following the completion of construction of the PROJECT. vi. Access to other CITY streets for detour routes during construction of the PROJECT as permitted and approved by the CITY. II. RIGHT OF WAY A. The ILLINOIS TOLLWAY shall perform all survey work and prepare all parcel plats and legal descriptions for all right of way (both permanent and temporary) necessary for the construction of the PROJECT pursuant to the plans and specifications. B. The CITY agrees to allow the ILLINOIS TOLLWAY temporary easements for construction purposes of Parcels NW-6A-12-005 and NW-6A-12-006. The temporary construction easements shall commence as of March 1, 2014, and shall continue until the earlier of completion of the PROJECT by the ILLINOIS TOLLWAY, but no later than December 31, 2017. The terms of such temporary construction easements shall also include an obligation by the ILLINOIS TOLLWAY to restore the easement property to its condition as it existed prior to construction promptly following completion of the PROJECT. C. To effectuate the temporary easements contemplated in Section II. B above, the ILLINOIS TOLLWAY shall provide the necessary plats and legal descriptions. D. Prior to the grant of the temporary easements by the CITY, to advance the PROJECT and not delay any schedules, the CITY shall permit, consent to, authorize and grant to the ILLINOIS TOLLWAY all permits necessary to enter, access and use such real property owned by the CITY that is required to construct the PROJECT. In furtherance thereof, the CITY shall allow the ILLINOIS TOLLWAY, its employees, vendors, and/or its contractor(s) to use said real property to complete the PROJECT. The CITY shall issue the ILLINOIS TOLLWAY permits without charge to the ILLINOIS TOLLWAY. The CITY shall grant, permit and allow the ILLINOIS TOLLWAY unrestricted use, access, ingress, and egress for all construction, maintenance, and repair necessary as part of the PROJECT. In addition, the CITY shall waive any contractor's surety bonding requirements. Approval of any permit shall not be unreasonably withheld by the CITY. E. Parcel plats and legal descriptions for property required for ILLINOIS TOLLWAY facilities shall conform to the Illinois State Toll Highway Authority format. III. UTILITY RELOCATION A. The ILLINOIS TOLLWAY agrees to provide the CITY, as soon as they are identified, the locations (existing and proposed) of public and/or private utility facilities within existing CITY 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 CITY highway rights of way; and 2) to CITY facilities improved as part of the PROJECT. C. 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 CITY jurisdiction, where improvements to ILLINOIS TOLLWAY facilities are proposed to be done as part of the PROJECT, at no expense to the CITY. D. At all locations where utilities are located on CITY rights of way and must be adjusted due to work proposed by the ILLINOIS TOLLWAY, the CITY 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 CITY for any and all out of pocket costs the CITY may incur in causing the aforementioned utility or utilities to be adjusted. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction engineering inspections for and cause the PROJECT to be constructed in accordance with the PROJECT plans and specifications. B. The CITY and its 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 CITY's system. The CITY shall assign personnel to perform inspections on behalf of the CITY of all work included in the PROJECT that affects the CITY's system, and will deliver written notices to the Chief Engineer of the ILLINOIS TOLLWAY advising the ILLINOIS TOLLWAY as to the identity of the individual(s) assigned to perform said inspections. Notwithstanding the foregoing, construction inspection services and material testing services for the reconstruction of the Haul Roads shall be provided by separate contract services to be obtained and paid for by the ILLINOIS TOLLWAY. C. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section IX of this AGREEMENT. D. 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 ILLINOIS TOLLWAY Supplemental Specifications for construction, issued March 2013, or the Canceled Items provision in the applicable version of the Illinois State Toll Highway Authority's Standard or Supplemental Specifications. The provisions of this paragraph shall not apply to the ILLINOIS TOLLWAY's obligations to reconstruct the Haul Roads after the ILLINOIS TOLLWAY has commenced the use of such Haul Roads in connection with the construction of the PROJECT. E. The ILLINOIS TOLLWAY shall make every reasonable effort to provide for the reconstruction of the Haul Roads within six (6) months of the completion of the construction relating to the removal and replacing of the 1-90 over the Fox River Bridge. The Chief Engineer of the ILLINOIS TOLLWAY, or a duly appointed representative of the ILLINOIS TOLLWAY, shall provide written notice to the CITY Engineer stating the beginning date for the use of the Haul Roads and anticipated end date for the use of the Haul Roads in connection with the construction of the PROJECT. The ILLINOIS TOLLWAY shall include as part of the reconstruction of the Haul Roads construction inspection services and material testing services of the pavement. V. FINANCIAL A. Except as otherwise identified herein, the ILLINOIS TOLLWAY agrees to pay all PROJECT related engineering, right of way, construction engineering and construction costs. B. Either the CITY or the ILLINOIS TOLLWAY may request, after the construction contract(s) are let by the ILLINOIS TOLLWAY, that supplemental work that increases the total costs of the PROJECT or more costly substitute work be added to the construction contract(s). The ILLINOIS TOLLWAY will cause said supplemental work or such substitute work to be added to the construction contract(s), provided that said work will not delay construction of the PROJECT. The PARTY requesting or causing said supplemental work or more costly substitute work shall pay for the cost increases of said work in full, provided, however, any such obligation of the CITY in excess of $20,000 shall require a written amendment to this AGREEMENT executed by the PARTIES hereto. 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 CITY. B. The term "local road" refers to any highway, road or street under the jurisdiction of the CITY. 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: i. "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. ii. "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. iii. "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. iv. "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. V. "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. 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 Engineer. 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. VII. MAINTENANCE -RESPONSIBILITIES A. It is understood and agreed by the PARTIES that the ILLINOIS TOLLWAY shall retain jurisdiction and maintenance responsibilities for I-90 in its entirety and the CITY shall retain jurisdiction and maintenance responsibilities for Tollgate Road from Illinois Route 31 to Airport Road and Airport Road from Tollgate Road to River Road; and also Duncan Avenue from north of I-90 to Trout Park Road and Trout Park Road from Duncan Avenue to Illinois Route 25 (Dundee Avenue) in their entirety. VIII. ADDITIONAL MAINTENANCE PROVISIONS A. It is understood and agreed by the PARTIES hereto that this AGREEMENT shall supersede any and all earlier Agreements entered into by the PARTIES hereto regarding maintenance of CITY highways and Toll Highway facilities within the limits of this PROJECT. B. During construction, the CITY shall continue to maintain all portions of the PROJECT within the CITY'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 ILLINOIS TOLLWAY shall continue to maintain all portions of the Toll Highway that are not required to be maintained by the construction contractor(s). C. All items of construction which are stipulated in this AGREEMENT to be maintained by the CITY shall, upon completion of construction and final inspection, be the sole maintenance responsibility of the CITY, and all items of construction which are stipulated in this AGREEMENT to be maintained by the ILLINOIS TOLLWAY shall, upon completion of construction, be the sole maintenance responsibility of the ILLINOIS TOLLWAY. IX. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the City of Elgin and the Illinois State Toll Highway Authority. B. It is understood and agreed by the PARTIES hereto, that the ILLINOIS TOLLWAY shall have jurisdiction of I-90. The CITY shall retain jurisdiction of Tollgate Road, Airport Road, Duncan Avenue, and Trout Park Road traversed or affected by the I-90 PROJECT. 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 either the CITY or the ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld. E. In the event of a dispute between the CITY and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT, the Chief Engineer of the ILLINOIS TOLLWAY and the CITY's Public Services Director shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning the plans and specifications for the PROJECT or in the carrying out of the terms of this AGREEMENT, in reference to the PROJECT, the decision of the Chief Engineer of the ILLINOIS TOLLWAY shall be final. F. In the event of a dispute between the CITY and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT in reference to the CITY's requested work, utilities, facilities, roadways, etc., or a dispute concerning the plans and specifications for the CITY's requested work, utilities, facilities, roadways, etc., the Chief Engineer of the ILLINOIS TOLLWAY and the CITY's Public Services Director shall meet and resolve the issue. In the event they cannot mutually agree on the resolution of the dispute concerning the CITY's requested work, utilities, facilities, roadways, etc., the decision of the CITY's Public Services Director shall be final as long as that decision does not delay the delivery of the PROJECT or be detrimental to the maintenance and operation of the ILLINOIS TOLLWAY. G. 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. H. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. I. 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. J. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns. K. The failure by the ILLINOIS TOLLWAY or the CITY 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 the ILLINOIS TOLLWAY or the CITY unless such provision is waived in writing. L. 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. M. All written reports, notices and other communications related to this AGREEMENT shall be in writing and shall be personally delivered, mailed via certified mail, overnight mail delivery, or electronic mail delivery to the following persons at the following addresses: To the ILLINOIS TOLLWAY: The Illinois Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineer To the CITY: The City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attn: Public Services Director N. The CITY agrees to maintain books and records related to the performance of this AGREEMENT and necessary to support amounts charged to the ILLINOIS TOLLWAY and/or the CITY under the AGREEMENT for a minimum of three (3) years from the last action on the AGREEMENT. The CITY 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. O. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. P. The Haul Roads referred to in the introductory recitals may be utilized by the ILLINOIS TOLLWAY and the ILLINOIS TOLLWAY's contractors for the PROJECT during construction of the PROJECT for vehicular access to the PROJECT site only in accordance with the following: "Any work or construction traffic along Trout Park Boulevard shall be limited from sunrise to sunset Monday through Friday. All work impacting Trout Park Boulevard or access to Trout Park shall be coordinated with the CITY at least 7 days before any work is done." (This space intentionally left blank) IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE CITY OF ELGIN BY: Aaq -- Attest: zl� David Kaptain, M or Kimberly A. Dewis, City Clerk Date: June 11, 2014 (Please Print Name) THE ILLIN S STATE OLL HIGHWAY AUTHORITY BY: Date: 2 J i i afleur, EVecutive Director Approved as to Form and Constitutionality Tiffany Bohn, Assistant Attorney General, State of Illinois WR_IGA_ELGIN_I-90 @ Fox River—Revised 06/04/14 Resolution No. 14-77 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY REGARDING THE I-90 PROJECT AND THE RECONSTRUCTION AND THE REPLACEMENT OF THE FOX RIVER BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with the Illinois State Toll Highway Authority regarding the I-90 Project and the reconstruction and the replacement of the Fox River Bridge, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 11, 2014 Adopted: June 11, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 10/24/13 6.4/1 RESOLUTION NO. 20131 Background It is in the best interest of the Illinois State Toll Highway Authority ("Tollway") to enter into an Intergovernmental Agreement with the City of Elgin (the "City") in connection with the improvements to the Jane Addams Memorial Tollway (I-90) from the John F. Kennedy Expressway to Interstate Route 39. The Tollway is removing and replacing the I-90 over the Fox River Bridge as one of its projects. The Tollway, as part of the project, is utilizing Tollgate Road from Illinois Route 31 to Airport Road and Airport Road from Tollgate Road to River Road and also Duncan Avenue from north of I-90 to Trout Park Road and Trout Park Road from Duncan Avenue to Illinois Route 25 (Dundee Avenue) as haul road routes for which, after construction of the project, the pavement of these routes shall be reconstructed in kind to its existing condition or better at no cost to the City. The Tollway will also include in its project the removal and replacement of the 60" culvert on Airport Road, of the 4" water main to Voyager Landing, of the water main crossing of I-90 west of Illinois Route 25, and of the sanitary district force main crossing of I-90 east of Illinois Route 25 and the restoration of the Trout Park storm sewer, all at no cost to the City. All work above is included in the overall project cost, and in exchange, the city agrees to convey fee simple title by warranty deed to Parcels N1W-6A-12-002 and N-61-12-009 to the Tollway, to allow a permanent easement to the Tollway for drainage maintenance and temporary easements for construction purposes on two additional parcels of land. Resolution The Chief Engineer and the General Counsel are authorized to negotiate and prepare an Intergovernmental Agreement with the City of Elgin in substantially the form of the Intergovernmental Agreement attached to this Resolution, the Chair or the Executive Director is authorized to execute said agreement, and the Chief of Finance is authorized to issue warrants is payment ereoof. Approved by: Chair