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16-21 Resolution No. 16-21 RESOLUTION REPEALING RESOLUTION NO. 15-122 AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN REGARDING IMPROVEMENTS RELATING TO THE RECONSTRUCTION OF 1-90 ROUTE 25 INTERCHANGE IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Resolution No. 15-122, previously adopted by the City Council on September 9, 2015, be and is hereby repealed. BE IT FURTHER 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,on behalf of the City of Elgin,an Intergovernmental Agreement between the Illinois State Toll Highway Authority,the Illinois Department of Transportation and the City of Elgin regarding improvements relating to the reconstruction of I-90 Route 25 interchange improvements, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 10, 2016 Adopted: February 10, 2016 Vote: Yeas: 8 Nays: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk F F`C,2 Memorandum City of Elgin Date: October 25, 2016 To: Kimberly A. Dewis, City Clerk From: William A. Cogley, Corporation Counsel Subject: Intergovernmental Agreement with the Illinois State Toll Highway Authority and the Illinois Department of Transportation Regarding the I90 Route 25 Interchange Improvements Project Attached for the city clerk's file is an original executed copy of the above-referenced intergovernmental agreement. kV 174.2 WAC bf Attachment 'i INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this f r` day of (//1 ,— AD, 20/ , by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "ILLINOIS TOLLWAY", the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT" 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 further the safety to the motoring public, intends to improve the Jane Addams Memorial Tollway(I-90) (hereinafter sometimes referred to as "Toll Highway"), from the John F. Kennedy Expressway to Interstate 39. The contemplated improvements are substantially included in multiple ILLINOIS TOLLWAY construction contracts including but not limited to Contract I-13-4104 (hereinafter referred to as the "PROJECT") by making the following improvements: The 1-90 pavement will be reconstructed and widened within the limits of the Illinois Route 25 interchange to provide a fourth lane in each direction and a wider inside shoulder. The Illinois Route 25 Bridge (ILLINOIS TOLLWAY Bridge 501, DEPARTMENT Bridge 045-0042) over I-90 and the Illinois Route 25 Ramp AB Bridge (ILLINOIS TOLLWAY Bridge 503, DEPARTMENT Bridge 016-9957) over I-90 will both be reconstructed. A portion of Illinois Route 25 approximately 960 feet north of the bridge and approximately 570 feet south of the bridge will be reconstructed to accommodate the new vertical alignment of the Illinois Route 25 Bridge. The interchange ramps A, B, C, and D will be reconstructed and the existing traffic signals at the ramps modified. Retaining walls will be constructed and noise abatement walls will be installed at various locations. A new drainage system will be constructed and new roadway lighting installed. The Ramp B and Ramp D toll plazas will be relocated, and any work necessary to complete the PROJECT in accordance with the approved plans and specifications; and WHEREAS, the ILLINOIS TOLLWAY, as part of the PROJECT, is constructing a 10 foot wide multi-use path with a parapet/railing adjacent to the traveled way on the west side of the bridge. A raised sidewalk will be constructed along the east side of the bridge. Flat "shelf" areas for a future multi-use path along the west side of Illinois Route 25 and a future sidewalk along the east side of Illinois Route 25 will be constructed within the pavement reconstruction limits which is approximately 300 feet north of the 1 bridge and approximately 200 feet south of the bridge. A southbound left turn lane into the Lexington Inn will also be provided. A portion of Duncan Avenue and the adjacent Fox River Trail path will be reconstructed to construct the I-90 drainage outfall and the CITY's landscaped medians located on the north and east legs of the Illinois Route 25/Illinois Route 25 Ramp intersection will be removed and reconstructed in kind; and WHEREAS, the DEPARTMENT requests that the ILLINOIS TOLLWAY include in its PROJECT the transition from a raised sidewalk (along the west side of the bridge structure) to a multi-use path with a parapet/railing adjacent to the through lanes; and WHEREAS, the CITY requests that the ILLINOIS TOLLWAY include in its PROJECT the relocation of the CITY's water main crossing I-90 which is under ILLINOIS TOLLWAY Permit Number NW 00-49, due to a vertical conflict with the proposed mainline trunk sewer, provide a sidewalk on the east side of the Illinois Route 25 right of way from the Illinois Route 25 Ramp AB south to Trout Park Boulevard and add pedestrian signals for the crossing at Illinois Route 25 and the Toll Highway Ramp; and WHEREAS, the ILLINOIS TOLLWAY agrees to the DEPARTMENT's request to transition from a raised sidewalk (along the west side of the bridge structure) to a multi-use path with a parapet/railing adjacent to the through lanes, and also agrees to the CITY's request to relocate the CITY's water main in conflict with the PROJECT and to install a sidewalk on the east side of Illinois Route 25 right of way from the Illinois Route 25 Ramp AB south to Trout Park Boulevard; and WHEREAS, subsequent to this AGREEMENT, the CITY agrees to obtain from the ILLINOIS TOLLWAY an approved permit for the relocated water main located on ILLINOIS TOLLWAY property, and to abide by all conditions set forth therein; and WHEREAS, the ILLINOIS TOLLWAY, the DEPARTMENT 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 DEPARTMENT by virtue of its powers as set forth in "State Administration of Highways Act", 605 ILCS 5/4-101 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 2 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 to perform preliminary and final design engineering, obtain necessary surveys, and prepare the final plans and specifications for the PROJECT, subject to reimbursement by the DEPARTMENT and the CITY as hereinafter stipulated. During the design and preparation of the plans and specifications, the ILLINOIS TOLLWAY shall submit the plans and specifications to the DEPARTMENT and the CITY for their review and comment at the following stages of plan preparation: 40% Complete 95% Complete (pre-final) Final B. The DEPARTMENT and the CITY shall review the plans and specifications which impact the DEPARTMENT's and 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 DEPARTMENT or the CITY within this time period, the lack of response shall be deemed approval of the plans and specifications. Approval by the DEPARTMENT and the CITY shall mean the DEPARTMENT and the CITY agree with all specifications in the plans, including alignment and location of the PROJECT improvements which impact the DEPARTMENT's and the CITY's maintained highways. In the event of disapproval, the DEPARTMENT and/or 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 final approved plans and specifications for the PROJECT shall be promptly delivered to the DEPARTMENT and the CITY by the ILLINOIS TOLLWAY. E. The ILLINOIS TOLLWAY agrees to assume the overall PROJECT responsibility, including assuring that all permits (U.S. Army Corps of Engineers, 3 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. F. The DEPARTMENT and 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 DEPARTMENT or 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. Permits for relocation of the CITY's water main crossing I-90 which is under ILLINOIS TOLLWAY Permit Number NW 00-49. ii. Access to other CITY streets for detour routes during construction of the PROJECT as necessary and as permitted and approved by the CITY. G. The ILLINOIS TOLLWAY shall require all construction performed within the ILLINOIS TOLLWAY's rights of way to comply with the current Illinois Department of Transportation Standard Specifications for Road and Bridge Construction and the ILLINOIS TOLLWAY Supplemental Specifications for construction, issued March 2013, as amended, and shall require all work performed within the DEPARTMENT's rights of way to conform to the same current Standards and Specifications. II. RIGHT OF WAY A. The acquisition or transfer of right of way is not required from the DEPARTMENT or the CITY for the construction of the PROJECT pursuant to the approved plans and specifications. Therefore, it is understood by the PARTIES hereto that there will be no exchange of any interest in the DEPARTMENT's right of way, the CITY's right of way or of the ILLINOIS TOLLWAY's right of way. B. It is understood that none of the PARTIES have consented in this AGREEMENT to the transfer of any interest in the PARTIES property or rights of way which a PARTY may deem necessary for the maintenance and operation of their respective highway systems. 4 C. In the event, the ILLINOIS TOLLWAY identifies areas of the DEPARTMENT's and/or the CITY's right of way needed for the ILLINOIS TOLLWAY to enter, access and use to allow the ILLINOIS TOLLWAY and/or its contractor(s) to complete the PROJECT, the DEPARTMENT, shall upon the ILLINOIS TOLLWAY's application to the DEPARTMENT's permit form, (OPER-1045 form) or upon the ILLINOIS TOLLWAY's application to the CITY's permit form, together with a plan set, issue the ILLINOIS TOLLWAY a permit without charge to the ILLINOIS TOLLWAY; allowing the ILLINOIS TOLLWAY all temporary use. In addition, the DEPARTMENT and/or the CITY shall waive the contractor's surety bonding requirement. The ILLINOIS TOLLWAY agrees upon completion of the PROJECT, that those lands used are to be restored to an "as good as — or — better" than pre-construction condition. Approval of any permit shall not be unreasonably withheld by the DEPARTMENT or the CITY. III. UTILITY RELOCATION A. The ILLINOIS TOLLWAY agrees to provide the DEPARTMENT and the CITY, as soon as they are identified, the locations (existing and proposed) of public and/or private utility facilities within existing DEPARTMENT and/or 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 DEPARTMENT and/or CITY highway rights of way; and 2) to DEPARTMENT and/or CITY facilities improved as part of the PROJECT. C. The DEPARTMENT and the CITY agree to make arrangements for and issue all permits for the PROJECT and cooperate with necessary adjustments to existing utilities located within existing DEPARTMENT or CITY rights of way, where improvements to DEPARTMENT and/or CITY highways are proposed by the DEPARTMENT and/or CITY to be done in conjunction with the PROJECT, at no expense to the ILLINOIS TOLLWAY. D. The ILLINOIS TOLLWAY agrees to make arrangements for and issue all permits for the PROJECT required adjustments to utility facilities located on existing ILLINOIS TOLLWAY rights of way, and on proposed ILLINOIS TOLLWAY rights of way which are outside areas of DEPARTMENT and CITY jurisdiction, where improvements to ILLINOIS TOLLWAY facilities are proposed to be done as part of the PROJECT, at no expense to the DEPARTMENT or the CITY. E. At all locations where utilities are located on DEPARTMENT and/or CITY rights of way and must be adjusted due to work proposed by the ILLINOIS TOLLWAY, the DEPARTMENT and the CITY agree to cooperate with the ILLINOIS 5 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 DEPARTMENT and/or the CITY for any and all out of pocket cost the DEPARTMENT and/or the CITY may incur in causing the aforementioned utility or utilities to be adjusted. F. At all locations where utilities are located on ILLINOIS TOLLWAY rights of way and must be adjusted due to work proposed by the DEPARTMENT and/or the CITY, the ILLINOIS TOLLWAY agrees to make arrangements with the applicable utility and issue all permits for the requisite adjustment(s). At all locations where the DEPARTMENT's and/or the CITY's utilities are located on ILLINOIS TOLLWAY rights of way and must be adjusted due to work proposed by the DEPARTMENT or the CITY or due to work proposed by the ILLINOIS TOLLWAY, the DEPARTMENT and/or the CITY agree to obtain from the ILLINOIS TOLLWAY an approved permit for the facility, and to abide by all conditions set forth therein. The DEPARTMENT and/or the CITY agree to reimburse the ILLINOIS TOLLWAY for any and all out of pocket costs the ILLINOIS TOLLWAY may incur in causing the aforementioned utility or utilities to be adjusted. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY shall advertise and receive bids, obtain the DEPARTMENT's and the CITY's concurrence as to the amount of bids (for work to be funded wholly or partially by the DEPARTMENT and/or the CITY before award), award the contract(s), provide construction engineering inspections and cause the PROJECT to be constructed in accordance with the PROJECT plans and specifications, subject to reimbursement by the DEPARTMENT and the CITY as hereinafter stipulated. B. After award of the construction contract(s), any proposed deviations from the plans and specifications that affect the DEPARTMENT and/or the CITY shall be submitted to the DEPARTMENT and/or the CITY for approval prior to commencing such work. The DEPARTMENT and/or the CITY shall review the proposed deviations and indicate its approval or disapproval thereof in writing. If the proposed deviation to the plans and specifications are not acceptable, the DEPARTMENT and/or CITY shall detail in writing its specific objections. If the ILLINOIS TOLLWAY receives no written response from the DEPARTMENT and/or the CITY within thirty (30) calendar days after delivery to the DEPARTMENT and/or the CITY of the proposed deviation, the proposed deviation shall be deemed approved by the DEPARTMENT and/or the CITY. C. After award of the construction contract(s), assuming there are no proposed deviations from the plans and specifications that affect the DEPARTMENT and/or the CITY, the ILLINOIS TOLLWAY shall provide no less than five (5) 6 calendar days written notice to the DEPARTMENT and/or the CITY prior to commencement of work on the PROJECT. D. The ILLINOIS TOLLWAY's sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract(s). The ILLINOIS TOLLWAY shall carry out applicable requirements of 49 CFR Part 26, in the award and administration of DEPARTMENT assisted contracts. Failure by the ILLINOIS TOLLWAY to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the DEPARTMENT deems appropriate. E. The DEPARTMENT and the CITY, and their authorized agents shall have all reasonable rights of inspection (including pre-final and final inspection) during the progress of work included in the PROJECT that affects the DEPARTMENT's and the CITY's system. The DEPARTMENT and the CITY shall assign personnel to perform inspections on behalf of the DEPARTMENT and/or the CITY of all work included in the PROJECT that affects the DEPARTMENT's and 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. F. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section IX of this AGREEMENT. G. The ILLINOIS TOLLWAY shall give notice to the DEPARTMENT and the CITY upon completion of 70% and 100% of all PROJECT construction contracts to be subsequently maintained by the DEPARTMENT and the CITY, and the DEPARTMENT and the CITY shall make an inspection thereof not later than seven (7) calendar days after notice thereof. If the DEPARTMENT or the CITY does not perform a final inspection within seven (7) calendar days after receiving notice of completion of 100% of all PROJECT construction contracts or other inspection arrangements are not agreed to by the PARTIES hereto, the PROJECT shall be deemed accepted by the DEPARTMENT or the CITY. At the request of the DEPARTMENT and/or the CITY, the ILLINOIS TOLLWAY's representative shall join in on such inspection. In the event said inspections disclose work that does not conform to the approved final plans and specifications, the DEPARTMENT's and/or the CITY's representative shall give immediate verbal notice to the ILLINOIS TOLLWAY's representative of any deficiency, and shall thereafter deliver within five (5) calendar days a written list identifying such deficiencies to the Chief Engineer of the ILLINOIS TOLLWAY. Deficiencies thus identified shall be subject to joint re-inspection upon completion of the corrective work. The DEPARTMENT and/or the CITY shall perform such joint re-inspections within seven (7) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied. 7 H. The ILLINOIS TOLLWAY shall have the right, in its sole judgment and discretion, to cancel or alter any or all portions of the work due to circumstances either known or unknown at the time of bidding or arising after the Contract(s) was entered into, in accordance with the Canceled Items Provision 109.06 included in the Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, adopted January 1, 2012, issued March 2013, or the applicable version of the ILLINOIS TOLLWAY Standard or Supplemental Specifications. V. FINANCIAL A. Except as otherwise identified herein, the ILLINOIS TOLLWAY agrees to pay all PROJECT related engineering, right of way, construction engineering and construction costs subject to reimbursement by the DEPARTMENT and the CITY as hereinafter stipulated. B. It is mutually agreed by the PARTIES hereto that preliminary and design engineering costs shall be computed as 5% of the actual construction costs and that construction engineering shall be computed as 10% of actual construction costs. C. It is mutually agreed by the PARTIES hereto that the estimated cost to the DEPARTMENT is $1,940,564.12 for construction costs, $97,028.20 (5% of construction costs) for preliminary and design engineering, and $1 94,056.41 (10% of construction costs) for construction engineering for a total estimated cost of $2,231,648.73, based on actual bid prices. D. It is further agreed that notwithstanding the estimated cost, the DEPARTMENT shall be responsible for the actual costs associated with the Illinois Route 25 bridge deck including, but not limited to the deck, the cost differential required for the wider bridge deck, the parapets, railings and approach pavements, and all proposed roadway improvements on Illinois Route 25 within the reconstruction limits as described in the Recital section of this AGREEMENT. E. It is mutually agreed by the PARTIES hereto that the estimated cost to the CITY is $588,409.42 for construction costs, $29,420.47 (5% of construction costs) for preliminary and design engineering and $58,840.94 (10% of construction costs) for construction engineering for a total estimated cost of $676,670.83, based on actual bid prices. F. It is further agreed that notwithstanding the estimated cost, the CITY shall be responsible for the actual costs associated with the relocation of the CITY's water main in conflict with the PROJECT and the installation of the sidewalk on the east side of the Illinois Route 25 right of way from the Illinois Route 25 Ramp AB south to Trout Park Boulevard and the pedestrian signals associated with the 8 crossing at Illinois Route 25 and the Toll Highway Ramp AB as described in the Recital section of this AGREEMENT. G. The DEPARTMENT acknowledges that upon execution of this AGREEMENT, the DEPARTMENT is undertaking a funding commitment to the ILLINOIS TOLLWAY in relation to completing and funding the PROJECT as described and qualified herein. Subject to State appropriations sufficient to pay such obligations, the DEPARTMENT shall make arrangements to fund its obligations in the described PROJECT as soon as reasonably practicable. It is agreed by the parties that the funding obligation of the DEPARTMENT recited above is, now and at all times hereafter, subject to State appropriations sufficient to pay such obligations. As such appropriation(s) may be made, and subject to their not being cancelled,. diminished, or withheld, the DEPARTMENT will use its best efforts to make timely payment(s) to the ILLINOIS TOLLWAY until all financial obligations hereunder are fully satisfied. H. The CITY agrees that upon award of the contract for this improvement and receipt of an invoice from the ILLINOIS TOLLWAY, the CITY will pay to the ILLINOIS TOLLWAY, an amount equal to 80% of its obligation incurred under this AGREEMENT, based upon actual bid prices, and will pay to said ILLINOIS TOLLWAY the remainder of its obligation in a lump sum, upon completion of the PROJECT, based on final costs. I. It is mutually understood that the CITY, the DEPARTMENT 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 $20,000.00 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 DEPARTMENT and/or the CITY. B. The term "local road" refers to any highway, road or street under the jurisdiction of the DEPARTMENT or 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 9 includes the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section VII, MAINTENANCE - RESPONSIBILITIES, other activities as more specifically set forth in the following subparts of this Section VI. Maintenance includes but is not limited to: 1. "Routine maintenance" refers to the day to day pavement maintenance, pothole repair, anti-icing and de-icing, snow removal, sweeping, pavement marking, mowing, litter and debris removal, and grate and scupper cleaning and repair, including compliance with state laws and local ordinances. 2. "Structural maintenance" refers to the integrity of the grade separation structure, including abutments, bridge deck beams, bridge deck (except wearing surface), expansion joints, parapet walls and drainage structures. 3. "Signal maintenance" refers to all aspects of installation, repair, replacement, timing, and operation of traffic signals, including signal loops, signal supports or bases, interconnects to Ramp Queue Detection Warning Systems and power, but shall not include permanently installed variable message signs or temporary signals or signs relating to construction or repair projects. 4. "Lighting maintenance" refers to all aspects of installation, repair, replacement and operation of roadway lighting including power, but shall not include temporary lighting relating to construction or repair projects. 5. "Emergency maintenance" refers to any maintenance activity which must be performed immediately in order to avoid or to repair a condition on the roadway or right of way which causes or threatens imminent danger or destruction to roadway facilities or rights of way of the PARTIES hereto, to the motoring public, to public health, safety or welfare, including but not limited to accident restoration, chemical or biological removal or remediation, or response to acts of God or terrorism. 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. 10 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. J. These are three types of bridge structures that intersect the ILLINOIS TOLLWAY rights of way: 1. Type 1. An intersection where a grade separation structure has been constructed to carry the toll highway over the local road. 2. Type 2. An intersection where a grade separation structure has been constructed to carry the local road over the toll highway. 3. Type 3. An intersection where a partial or complete ramp interchange system, as well as a grade separation structure, has been constructed between the local road and the toll highway. 4. Type 4. An intersection where a grade separation structure has been constructed to carry a toll highway ramp over the toll highway. 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 DEPARTMENT shall retain jurisdiction and maintenance responsibilities for Illinois Route 25 within the PROJECT limits in its entirety, including the new storm sewer along the west side of Illinois Route 25 which extends northerly 11 across I-90 then westerly to the Fox River. Such maintenance responsibilities for the ILLINOIS TOLLWAY and the DEPARTMENT are further detailed in the Intergovernmental Agreement executed on December 21, 1960 and reiterated below. B. The CITY agrees to maintain, or cause to maintain, the new sidewalk on the east side of the Illinois Route 25 right of way from the Illinois Route 25 Ramp AB south to Trout Park Boulevard and the portion of Duncan Avenue and the adjacent Fox River Trail path that was reconstructed to construct the I-90 drainage outfall and the CITY's landscaped medians located on the north and east legs of the Illinois Route 25/Illinois Route 25 Ramp intersection. Those portions of the PROJECT along Illinois Route 25 which are not maintained by the ILLINOIS TOLLWAY or the DEPARTMENT, including parking lanes and their adjacent curb and gutter, parkways, guardrails, crosswalk and stop line markings, CITY owned utilities including appurtenances thereto, CITY owned highway lighting including furnishing the electrical energy thereof The CITY will also retain ownership and maintenance of the relocated water main under I-90, on ILLINOIS TOLLWAY property in accordance with the permit issued by the ILLINOIS TOLLWAY to the CITY, and any work the ILLINOIS TOLLWAY is including in the PROJECT for the CITY at their request, in its entirety. C. The CITY further agrees to continue its existing maintenance responsibilities on all side road approaches under its jurisdiction, including all left and right turn lanes on said side approaches, up to the through edge of pavement of Illinois Route 25. Drainage facilities, if any, at the aforementioned side roads located within the DEPARTMENT right of way shall be the joint maintenance responsibility of the DEPARTMENT and the CITY, unless there is an agreement specifying different responsibilities. D. Upon acceptance by the DEPARTMENT of the traffic signal work included herein, the financial responsibility for maintenance and electrical energy charges for the operation of the traffic signal(s) shall be proportioned as follows: INTERSECTION MAINTENANCE ELEC. ENERGY IL. Route 25 @ IL. Route 25 Ramp AB DEPARTMENT Share (100%) (100%) CITY Share (0%) (0%) E. It is mutually agreed that the actual traffic signal maintenance will be performed by the DEPARTMENT, either with its own forces or through an ongoing contractual agreement. F. The DEPARTMENT agrees to make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals. 12 G. The DEPARTMENT retains the right to control the sequences and timing of the traffic signals. H. Signalization and pavement markings at the interchange, if any, will be under the control of the DEPARTMENT. The PARTIES shall cooperate regarding signal timing and intersection operation such that traffic exiting the Toll Highway is not unnecessarily delayed or allowed to back up to the extent that it would impact Toll Highway mainline traffic. The DEPARTMENT consents when required to the future interconnection of a Ramp Queue Detection/Warning System installed on Toll Highway exit ramps to both the temporary and permanent traffic signal system and will program the traffic signal option to give exit ramps priority to preclude exiting traffic from unnecessarily backing up onto ILLINOIS TOLLWAY mainline pavement. I. Payment by the DEPARTMENT of any or its entire share of maintenance and/or electric energy costs is contingent upon the DEPARTMENT receiving adequate funds in its annual appropriation. J. The PARTIES hereto agree that the traffic signal maintenance and energy provisions of this AGREEMENT shall remain in effect for a period of twenty(20) years from the date of its execution or so long as the traffic signals covered by the terms of this AGREEMENT or any amendment hereto remain in place either in their current or some modified configuration, whichever, is the shorter period of time. Such an effective term shall apply unless otherwise agreed in writing by the PARTIES hereto. K. The DEPARTMENT's Electrical Maintenance Contractor shall maintain the "Emergency Vehicle Pre-Emption System" equipment, located at the traffic signal modification to be maintained by the DEPARTMENT. The DEPARTMENT's Electrical Maintenance Contractor shall invoice the CITY for the maintenance costs related to the "Emergency Vehicle Pre-Emption System" equipment. The CITY shall maintain the emitters and associated appurtenances at its own expense. The emitters shall be maintained and tested by the CITY in accordance with the recommendations of the manufacturer. L. It is mutually agreed, if, in the future, the DEPARTMENT adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals then the CITY agrees to be financially responsible for all costs to relocate or reconstruct the "Emergency Vehicle Pre-Emption System" equipment in conjunction with the DEPARTMENT's proposed improvement. M. The bridge improvements being constructed under this AGREEMENT are of the following types as described in Section VI, Paragraph J above and involve the following roadway(s): 13 Type of Bridge Structure Affected Roadway Type 4 Illinois Route 25 Ramp AB Type 3 Illinois Route 25 1. Type 2 - DEPARTMENT Roadway over ILLINOIS TOLLWAY Right of Way a. The DEPARTMENT has all maintenance responsibility as to the following: i. All DEPARTMENT right of way and DEPARTMENT highway roadway approaches to the grade separation structure, including but not limited to pavement, curb and gutter, shoulders, sidewalks, guardrail, approach slabs, and approach embankments outside access control fences. ii. The following portions of the grade elevation structure: iii. The wearing surface; iv. The deck, below the wearing surface and above the structural beams including expansion joints, parapet walls, railings, etc.; v. Drainage facilities above structural beams and girders; vi. All lighting except underpass; vii. All DEPARTMENT signals and signs; viii. To the extent not addressed in other intergovernmental agreements to which the DEPARTMENT is a PARTY, any facilities designed for traffic other than motor vehicles, such as bicycle or pedestrian paths or lanes; ix. All drainage facilities carrying exclusively DEPARTMENT drainage. b. The ILLINOIS TOLLWAY has all maintenance responsibility for all portions thereof not maintained by the DEPARTMENT as set forth herein, including but not limited to the following: i. All parts of the grade separation structure, including but not limited to bearings, beams, girders, slope walls, abutments and piers; 14 ii. All fences along ILLINOIS TOLLWAY routes, except overpass fencing installed to separate pedestrians, bicycles and non-vehicular traffic from highway traffic; iii. All bridge deck downspouts, from a clean-out installed directly below the scuppers to the outfall; iv. All remaining drainage facilities installed for the purpose of carrying exclusively Toll Highway drainage; v. All underpass lighting. 2. Type 3 - Bridge Structure with a Partial or Complete Ramp Interchange System a. The DEPARTMENT and the ILLINOIS TOLLWAY shall have the same maintenance responsibilities for the grade separation structure as set forth above for "DEPARTMENT over". b. At all bridge structures with a partial or complete interchange system; the DEPARTMENT has all maintenance responsibility for the following: i. All DEPARTMENT right of way, highway roadway and highway turning lane facilities, including pavement, curb and gutter, barrier wall, pavement marking deceleration and acceleration merging lanes contiguous to the DEPARTMENT highway pavement connecting the DEPARTMENT highway roadway pavement with ILLINOIS TOLLWAY ramps; ii. All grassed areas and embankments along DEPARTMENT highway roadway, outside fences installed to protect the Toll Highway; iii. All traffic signals on the DEPARTMENT highway and at the intersections between the DEPARTMENT highway and the ramps to and from the Toll Highway; iv. All guardrails on the DEPARTMENT right of way and highway roadway; v. All drainage facilities on DEPARTMENT highways, except for drainage structures under Toll Highway ramps; vi. All lighting on the DEPARTMENT right of way and on areas of the intersection outside fences installed to protect the Toll Highway. 15 c. The ILLINOIS TOLLWAY has all maintenance responsibility for the following: i. All ramp facilities on Toll Highway right of way or inside fences installed to protect the Toll Highway, and all pavement, shoulders, curb and gutter, pavement marking and delineators of both entrance and exit ramps onto and from the Toll Highway as follows: ii. At all ramps onto and from the Toll Highway for which acceleration- deceleration merge lanes, collector-distributor roads or through lanes have been developed at the connection with DEPARTMENT highway roadway, or which otherwise do not conform to the description in the paragraph above, the ILLINOIS TOLLWAY shall maintain ramps to a point of connection defined by a line drawn at a forty five (45) degree angle to the edge of pavement of the outside DEPARTMENT highway roadway through traffic lane (or collector-distributor lane) passing through the nose (gore) of the ramp to its intersection with the outside edge of said ramp. When no acceleration-deceleration lane is incorporated in the interchange, the ILLINOIS TOLLWAY shall be responsible for the point of contiguity with the DEPARTMENT's pavement; iii. At interstate to interstate interchanges, ramps, including traffic surveillance equipment, from one agency to another shall be maintained by the agency from which traffic is exiting to the point of connection of the exit ramp to the receiving agency mainline pavement. Notwithstanding, the ILLINOIS TOLLWAY shall maintain all ramp bridge structures; iv. All grassed area and embankments, traffic signs, guardrail, drainage facilities and other structures not to be maintained by the DEPARTMENT as set forth above; v. All lighting installed on ILLINOIS TOLLWAY right of way or inside fences installed to protect the Toll Highway, for the purpose of illuminating the Toll Highway and ramps to and from the Toll Highway, except as otherwise specified elsewhere in this AGREEMENT; vi. Sound walls installed by the ILLINOIS TOLLWAY on ILLINOIS TOLLWAY right of way or for the benefit of the ILLINOIS TOLLWAY and its patrons. Type 4 — The ILLINOIS TOLLWAY shall have maintenance of the entire grade separation structure. 16 N. The PARTIES agree that the ILLINOIS TOLLWAY reserves the exclusive right to review and approve the following: 1. Any and all signage affixed to the grade separation structure or placed on ILLINOIS TOLLWAY right of way; 2. The permitting of any and all loads traversing a grade separation structure over the ILLINOIS TOLLWAY issued in accordance with 92 Illinois Administration Code 554, Subchapter f, Subpart F, Section 554.605 (Superload Moves). 3. Restriction of load limits for the grade separation structure, in the event bridge conditions so warrant, provided that the ILLINOIS TOLLWAY will consult with the DEPARTMENT as to the bridge conditions which warrant such restrictions; 4. Closure of lanes of traffic on the grade separation structure, for a repair or replacement project or in the event bridge conditions so warrant, provided that the ILLINOIS TOLLWAY will consult with the DEPARTMENT before such closure; O. Attachment to the grade separation structure, or placement on or across ILLINOIS TOLLWAY right of way, of any and all conduit, pipe, wire, pole, device or appurtenance, provided that if such attachment or placement is directly in connection with operation of the DEPARTMENT roadway or performance of DEPARTMENT maintenance obligations under this AGREEMENT, the DEPARTMENT may make such attachment or placement after consultation with the ILLINOIS TOLLWAY. P. The PARTIES agree that each PARTY has the duty to perform such regular inspections, surveys and reviews as are reasonably necessary to fulfill their respective obligations under this AGREEMENT. Q. In the event that one PARTY observes that emergency maintenance is needed, then the observing PARTY shall immediately notify the other of the observed condition, the nature of the immediate need, and a general description of the measures the observing PARTY intends to take to remedy the immediate need. The observing PARTY may then implement such measures without consultation, provided however that the observing PARTY remains subject to such emergency response and disaster protocols as apply generally to governmental entities. The other PARTY shall not be charged for the cost of the emergency measures taken by the observing PARTY, except after consultation and then only to the extent such maintenance is within the duties of the other PARTY under this AGREEMENT. R. In the event that either PARTY places, on the grade separation structure or on the right of way of the other, appurtenances such as architectural enhancements, 17 "gateway logos", conduit pipe, or other devices which are not directly required in connection with the ILLINOIS TOLLWAY or DEPARTMENT roadway operations or required for the performance of maintenance obligations of the respective party under this AGREEMENT, then the PARTY placing such appurtenances shall have sole responsibility for all maintenance, repair, replacement, removal and/or renewal of such items, including such maintenance, repair, replacement, removal and/or renewal of such items which is necessitated by maintenance projects performed by the other PARTY pursuant to this AGREEMENT. S. The CITY agrees to indemnify and hold the ILLINOIS TOLLWAY and its employees, officers, directors and agents harmless from all claims for death, injuries and damages to persons or property relating to the use, maintenance or reconstruction of the new sidewalk on the east side of the ILLINOIS Route 25 right of way from the Illinois Route 25 Ramp AB south to Trout Park Boulevard, the portion of Duncan Avenue and the adjacent Fox River Trail path that was reconstructed to construct the I-90 drainage outfall and the CITY's landscaped medians located on the north and east legs of the Illinois Route 25/Illinois Route 25 Ramp intersection. The provisions of this paragraph are subject to the proper initial construction by the ILLINOIS TOLLWAY of such improvements and the CITY's acceptance of same. VIII. ADDITIONAL MAINTENANCE PROVISIONS A. During construction, each PARTY shall continue to maintain all portions of the PROJECT within the individual PARTIES right of way that are not to be improved or maintained by the construction contractor(s) pursuant to the approved plans and specifications. B. All items of construction which are stipulated in this AGREEMENT to be maintained by each of the PARTIES shall, upon completion of construction and final inspection,be the sole maintenance responsibility of that PARTY. C. The DEPARTMENT and the ILLINOIS TOLLWAY agree to remove all snow and ice from the roadways under their respective jurisdiction, and such removal shall be accomplished in such a manner as not to block or obstruct any roadway of the other party. D. Nothing herein is intended to prevent or preclude the DEPARTMENT and the ILLINOIS TOLLWAY from entering into reciprocal agreements in the future for any particular interchange for the efficient removal of snow, ice, and debris or for incident management. E. The DEPARTMENT agrees to allow the ILLINOIS TOLLWAY to review and will consider comments on major roadway access issues along Illinois Route 25 that arise within one half(1/2) mile from the centerline of I-90. All access control 18 shall be addressed for the mutual benefit of the DEPARTMENT and the ILLINOIS TOLLWAY in an effort to maintain free traffic movement at points of intersection. The DEPARTMENT and the ILLINOIS TOLLWAY encourage private sector funding of regional collector/distributor roadways to minimize throughway traffic impacts. For those sections where access control has been purchased by the ILLINOIS TOLLWAY, the ILLINOIS TOLLWAY agrees to review and coordinate access requests with the DEPARTMENT. For those sections with no access control, the DEPARTMENT shall retain the exclusive statutory right to control access to Illinois Route 25. F. The DEPARTMENT and the ILLINOIS TOLLWAY agree to cooperatively manage incidents as expeditiously as possible to minimize impact and maximize response efficiency. Each agency shall be responsible for incident management within their jurisdictional limits and shall provide reciprocal timely incident response, management, and notification as need demands regardless of incident location. IX. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the City of Elgin, the Illinois Department of Transportation and the Illinois State Toll Highway Authority. B. It is understood and agreed by the PARTIES hereto, that the ILLINOIS TOLLWAY shall have jurisdiction of I-90. The DEPARTMENT shall retain jurisdiction of Illinois Route 25 traversed or affected by I-90 except as otherwise expressly provided for in this AGREEMENT. For the purpose of this AGREEMENT, jurisdiction shall mean the authority and obligation to administer, control, construct, maintain, and operate. C. It is understood and agreed that this AGREEMENT constitutes the complete and exclusive statement of the agreement of the PARTIES relative to the subject matter hereof and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter. D. Wherever in this AGREEMENT approval or review by either of the PARTIES is provided for, said approval or review shall not be unreasonably delayed or withheld. E. Not later than fourteen (14) calendar days after execution of this AGREEMENT each PARTY shall designate in writing a representative who shall serve as the full time representative of the said PARTY during the carrying out of the execution of this AGREEMENT. Each representative shall have authority, on behalf of such PARTY, to make decisions relating to the work covered by this AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other PARTY. 19 F. In the event of a dispute between PARTIES in the carrying out of the terms of this AGREEMENT, the Chief Engineer of the ILLINOIS TOLLWAY, the Deputy Director/Region One Engineer of the DEPARTMENT and the CITY's Engineer 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. G. In the event of a dispute between the PARTIES in the carrying out of the terms of this AGREEMENT in reference to the DEPARTMENT's requested work, utilities, facilities, roadways, etc., or a dispute concerning the plans and specifications for the DEPARTMENT's requested work, utilities, facilities, roadways, etc., the Chief Engineer of the ILLINOIS TOLLWAY and the DEPARTMENT's Deputy Director/Region One Engineer shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of the dispute concerning the DEPARTMENT's requested work, utilities, facilities, roadways, etc., the decision of the DEPARTMENT's Deputy Director/Region One Engineer shall be final as long as that decision does not delay delivery of the PROJECT or be detrimental to the maintenance and operation of the Toll Highway. H. In the event of a dispute between the PARTIES 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 Engineer shall meet and resolve the issue. In the event that 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 Engineer shall be final as long as that decision does not delay delivery of the PROJECT or be detrimental to the maintenance and operation of the Toll Highway. I. This AGREEMENT may be executed in three (3) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. J. The ILLINOIS TOLLWAY agrees that in the event any work is performed by other than ILLINOIS TOLLWAY forces, the applicable provisions of the "Prevailing Wage Act" 820 ILCS 130/1 shall apply. K. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 36-6005862 and it is doing business as a governmental entity, whose mailing address is The City of Elgin, 150 Dexter Court, Elgin, Illinois 60120. 20 L. Under penalties of perjury, the DEPARTMENT certifies that its correct Federal Tax Identification number is 10 0049401 and it is doing business as a governmental entity, whose mailing address is The Illinois Department of Transportation, 201 W. Center Court, Schaumburg, Illinois 60196. M. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. N. 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. O. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns. P. The failure by any of the PARTIES to seek redress for violation of or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any such breach or subsequent breach of such covenants, terms, conditions, rights and remedies. No provision of this AGREEMENT shall be deemed waived by any of the PARTIES unless such provision is waived in writing. Q. 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. R. 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 DEPARTMENT: The Illinois Department of Transportation 201 W. Center Court Schaumburg, Illinois 60196 Attn: Deputy Director/Region One Engineer To the CITY: The City of Elgin 150 Dexter Court Elgin, Illinois 60120. 21 Attn: Public Services Director S. The PARTIES agree to maintain books and records related to the performance of this AGREEMENT and necessary to support amounts charged to the ILLINOIS TOLLWAY and/or the other PARTIES under the AGREEMENT for a minimum of three (3) years from the last action on the AGREEMENT. The PARTIES further agree to cooperate fully with any audit and to make its books and records, and books and records within its custody or control available to the Illinois Attorney General, the Illinois Auditor General, the ILLINOIS TOLLWAY Inspector General, the ILLINOIS TOLLWAY Department of Internal Audit, the ILLINOIS TOLLWAY or any other governmental agency or agent thereof that is authorized to audit or inspect such books and records. T. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. (This space intentionally left blank) 22 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE CITY OF ELGIN /BY i %! Atte t: /, A,„.r/__, _ A David KaB ain, ,(ayor ty Clgir A. Dewis Date: September 7, 2016 (Please Print Name) THE ILLINOIS DEPARTMENT OF TRANSPORTATION By: A • -P Date: Y4N7/ Z • andall S. ankenhorn, Secretary By: Date: g//s//4 Priscilla A. Tobias, P.E. Director, Office of Program Development By: AP A/ Akam&it Date: e` /,Z /6 Je . -ck, Chief Financial Officer Director of Finance and Administration Approved as to Form: By: _ _ Date: " /io/i r . Barnes, Chie unsel HE I LI PI 1 S _TAT OLL HIGHWAY AUT ORI Y /By: AIL/ I •' / Date: II reg ■,i rdalo 431 xecutive Director By: C Date: NY/4 ichael Col ch, Chief of Finance/ By: •(1 _i !ii 'i Date: 9 2 1 ) L Da'•id • . eoldberg, C eneral Counsel c-; rov d as to Form and Constitutionality . CJu q-I Sacs Robert T. Lane, Senior Assistant Attorney General, State of Illinois IGA_IDOT_Elgin_1-90 @ 1L.25.7.18.16.final IDOT Agreement Number JN-117-505 23 Y 9/24/2015 6.5/1 RESOLUTION NO. 20837 Background It is in the best interest of The Illinois State Toll Highway Authority ("Tollway") to enter into an Intergovernmental Agreement with the Illinois Department of Transportation ("IDOT") and the City of Elgin ("City"). As part of the Jane Addams Memorial Tollway (I-90) improvement project, the Tollway will reconstruct the Illinois Route 25 Bridge over I-90 and will reconstruct the ramps at this interchange. IDOT has agreed to accept financial responsibility for the reconstructed Illinois Route 25 bridge deck. In addition, it will assume responsibility for the costs associated with a multi-use path, approach pavement, parapet walls and railings. Further, the City has requested that the Tollway include in its project the relocation of the City's water main crossing 1-90, a sidewalk, and pedestrian signals. The estimated cost to IDOT is $2,231,648 and the cost to the City is estimated at $676,670. Resolution The Chief Enginee d the General Counsel are authorized to negotiate and prepare an Intergove en al Agreement between The Illinois State Toll Highway Authority, the Ill' • . D- •artment of Transportation and the City of Elgin in substantially th: .'o ' the Intergovernmental Agreement attached to this Resolution. The ,, man or the Executive Director is authorized to execute said agreement. / (`,/-'ip j hi* Approved ,AIMP ` Chairman