R-407-96 03/11/96RESOLUTION
RESOLUTION AUTHORIZING ADOPTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH ILLINOIS STATE TOLL HIGHWAY AUTHORITY
REGARDING IMPROVEMENTS REQUESTED BY VILLAGE
WHEREAS, The Illinois State Toll Highway Authority desires to construct FAP 340
from I -55 to I -80 immediately adjacent to the Village of Lemont; and
WHEREAS, The Village of Lemont seeks to construct a sidewalk and water line
across the improvement limits to insure proper community planing; and
WHEREAS, the Toll Highway Authority has agreed to incorporate these plans into
the project scope, and has identified each agency's responsibilities in an Intergovernmental
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
that the attached Intergovernmental Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this 11th day of March , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
V
CHARLENE SMOLLEN, Village Clerk
Approved by me this 11th day of Marc 1996.
Atte
ASNESKI, Village President
GRANT OF PERMANENT EASEMENT
This Indenture, made this 1t-'\ day of
,1„1c , 19 between the
Village of Lemont, a municipal corporation of Cook
County, Illinois, Grantor, and the Illinois State Toll
Highway Authority, Grantee.
WITNESSETH, the Grantor in consideration of
the sum of Ten Dollars ($10.00) and other good and
valuable consideration, in hand paid, the receipt of
which is hereby acknowledged, does hereby grant
and convey unto said Grantee, a permanent
easement for Toll Highway purposes including but
not limited to the construction, maintenance,
inspection, reconstruction, widening and replacement
of a bridge structure, piers, and related uses, in the
real estate, designated by the Grantee as Parcel
Number NS- 701 -018PE and legally described in
Exhibit "A" attached hereto and made a part hereof.
The Grantor, without limiting the permanent easement above granted, does hereby
reserve unto itself, and its successors and assigns, the right to use the property under the
bridge for municipal purposes including but not limited to maintenance, construction and
inspection of the I & M Canal and its reserve strip.
IN WITNESS WHEREOF, said Grantor has caused its name to be signed to these
presents on the day and year written above.
Property Address:
PIN:
Date: 3 -t( -q
Grantor: The Villa. 1 «f L 11 ont a Municipal Cor•oration
of Cook ff.21011117.7rs
By: ,I
Title: ��
STATE OF ILLINOIS
COUNTY OF C,t,
)SS
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that 2_,,GhEt_.r A Q„ syle of the Village of
Lemont, a municipal corporation of Cook County, Illinois, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that Ino— signed, sealed and delivered the said
instrument as 1i.s free and voluntary act, for the uses and purposes
therein set forth, including the release and waiver of the right of homestead.
Given under my hand and official seal, this 1144A day of Nic,,rc ,
19
OFFICIAL SEAL
ROSEMAY
NOTARY P1JBL`C, STATE OF iLLiNOIS
MY COMMISSION EXPIRES ai12i3d
This Document prepared by:
Rob Douglas
The Illinois State Toll
Highway Authority
One Authority Drive
Downers Grove, IL 60515
LemontPE.002
Not
Pu
blic
Return to:
Cliff Adams
The Illinois State Toll
Highway Authority
One Authority Drive
Downers Grove, IL 60515
PARCEL NS- 701 -018 E
THAT PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING SOUTHEASTERLY OF' THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY AND NORTHWESTERLY OF LOT 43 IN THE COUNTY CLERK'S
DIVISION, A SUBDMSION IN SAID SECTION 30; ACCORDING TO RECORD DOCUMENT 275499
FILED AT 9:00 AM, JUNE 8, 1880. IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 43, BEING A POINT ON THE WEST
UNE OF SAID SECTION 30, DISTANT 1,470.44 FEET NORTH OF THE SOUTHWEST CORNER OF
OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE NORTH 60 DEGREES 30
MINUTES 30 SECONDS EAST, ALONG THE NORTHWESTERLY UNE OF SAID LOT 43,
A DISTANCE
OF 260.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 60 DEGREES 30 INUTES OF:
30 SECONDS EAST, CONTINUING ALONG SAID NORTHWESTERLY UNE OF LOT 43, ORTH
161.42 FEET TO A POINT ON A NON- TANGENT CURVE, HAVING A CHORD BEARING OF NO THE
21 DEGREES 12 MINUTES 31 SECONDS WEST, A RADIUS OF 7,559.44 FEET,
NORTHEAST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.40 FEET TO
A LINE PARALLEL WITH AND 90.00 FEET
TOPEKA AND SANTA OF SAID
FE RAILWAY; ESTERLY
RIGHT OF WAY UNE OF SAID ATCHISON,
THENCE NORTH 60 DEGREES 30 MINUTES 30 SECONDS EAST, ALONG SAID PARALLEL UNE,
A DISTANCE
OF . FEET; NORTH DEGREES 29 MINUTES F SECONDS F�
DISTANCE F9000 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY UNE OSA D
ATCHISON,
TOPEKA AND SANTA FE RAILWAY; THENCE SOUTH 60 DEGREES 30 MINUTES 30 SECONDS WEST,
ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY UNE OF SAID ATCHISON. TOPEKA AND SANTA FE RAILWAY.
A DISTANCE OF 491.06 FEET TO A POINT ON THE WEST UNE OF SAID SECTION 30;
THENCE SOUTH 01 DEGREE 29 MINUTES 06 SECONDS EAST ALONG SAID WEST UNE
OF SECTION 30 TO A UNE PARALLEL WITH AND 90.00 FEET SOUTHEASTERLY OF SAID SOUTH -
EASTERLY RIGHT OF WAY UNE OF THE RAILWAY A DISTANCE OF 101.94' (101.64 -R); THENCE
NORTH 60 DEGREES 30 MINUTES 30 SECONDS EAST ALONG SAID PARALLEL UNE A DISTANCE
OF 199.30' TO A POINT ON A NON - TANGENT CURVE, HAVING A CHORD BEARING OF SOUTH
21 DEGREES 22 MINUTES 53 SECONDS EAST, A RADIUS OF 7,719.44 FEET, _ THE
NORTHEAST; THENCE SOUTHEASTERLY pNT CONTAINING 64507 ACRES ( 1,687 ASQUARDISTANCE EET). MORE OR LESS.
SAID
POINT OF BEGINNING,
EXHIBIT " A "
NORTH -SOUTH TOLLWAY
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
AND
THE VILLAGE OF LEMONT
THIS AGREEMENT, made and entered into this 1 i4"day of tJ c�,�.rck A.D. 1996, by and
between the VILLAGE OF LEMONT, DuPage and Will Cou ties, Illinois, a municipal
corporation of the State of Illinois, (hereinafter called the "VILLAGE ") and The Illinois State Toll
Highway, (hereinafter called the "AUTHORITY ".)
WITNESSETH:
WHEREAS, the Authority, an instrumentality and administrative agency of the State of
Illinois, has been created and derives its power and authority pursuant to the Toll Highway
Act, 605 ILCS 10/1 et seq., and is granted all powers necessary thereunder to carry out its
legislative purpose as to construction, operation, regulation and maintenance of its System
of Toll Highways, (hereinafter referred to as the "Act "); and
WHEREAS, the VILLAGE, by virtue of its powers as set forth in 605 ILCS 5/101, gt
q., and the AUTHORITY, by virtue of its powers as set forth in "AN ACT in relation to the
construction, operation, regulation, and maintenance of a system of toll highways, etc." 605
ILCS 10/1, et seq. are authorized to enter into this Agreement; and
WHEREAS, the AUTHORITY, in order to facilitate the free flow of traffic and ensure
safety to the motoring public, is desirous of constructing FAP 340, the North -South Tollway
that extends the existing North -South Tollway from 1 -55 to 1 -80 (hereinafter sometimes referred
to also as Toll Highway Project) through DuPage, Cook and Will Counties and specifically
within VILLAGE corporate limits.
Whereas, the AUTHORITY pursuant to Contract, CIP -93 -701, CIP -93 -702 and CIP -93-
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Final - March 5, 1996
703 (herein after referred to as the "PROJECT ") by making the following improvements(as
shown on the approved plans):
a. Construction of a high level bridge over the DesPlaines River Valley for the Toll
Highway over 1 & M Canal and New Avenue, a low level bridge over the DesPlaines
River, a haul road north of the DesPlaines River, and relocation of utilities. Depending
on which high level bridge is constructed (steel or concrete), construct a bridge pier
within the existing bike path /walkway on the north bank of the I &M Canal.
b. Construction of an overpass structure to carry 127th Street over the TOLL HIGHWAY
and a full diamond interchange between the TOLL HIGHWAY and 127th Street.
c. Construction of an overpass structure to carry TOLL HIGHWAY over 135th Street.
d. Construction of an overpass structure to carry Archer Ave. (IL 171) and 143rd Street
over the TOLL HIGHWAY, and construction of a split diamond interchange between
Archer Ave. and 143rd Street.
WHEREAS, the VILLAGE is desirous at incorporating the following improvements into
AUTHORITY Contract CIP -93 -702, which shall be referred to as VILLAGE Job G
No. Ilo'H
A. Installation of one (1) twelve (12) inch watermain in a twenty (20) inch steel casing
approximately 77 feet to 113 feet north of 127th Street centerline. Installation of a 20-
inch casing for the future Village water service at approximately station 543 +00 of the
Toll Highway to be determined by the VILLAGE and subject to AUTHORITY approval
(hereinafter referred to as the "VILLAGE WORK ").
B. Installation of a 5 foot wide sidewalk along the 127th Street bridge over the Toll
Highway along with approach sidewalks to the 127th Street bridge, varying 5 feet to 6
feet wide.
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WHEREAS, the AUTHORITY has requested the VILLAGE'S participation in
improvements to VILLAGE maintained highways intersecting the Tollway within the limits
of the PROJECT in accordance with VILLAGE jurisdictional authority; and
WHEREAS, the VILLAGE'S participation in the PROJECT shall be limited to those
VILLAGE maintained highways and requested improvements.
WHEREAS, the AUTHORITY and VILLAGE, by this instrument, desire to determine
and establish their respective responsibilities toward engineering, right -of -way acquisition,
utility relocation, construction, construction funding, and maintenance of the PROJECT as
proposed; 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 ", 5 ILCS 220/1, et seq.);
NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual
covenants contained herein and other good and valuable consideration, the parties hereto
agree as follows:
ENGINEERING
1. The AUTHORITY, at its sole cost and expense, will perform all necessary
engineering for the PROJECT, including but not limited to preliminary and final
design, obtain necessary surveys, and prepare final plans and specifications for
PROJECT. All Costs for said work shall be apportioned in accordance with the terms
set forth in Section V of this Agreement. During the design and preparation of the
plans and specifications, the AUTHORITY shall submit the plans and specifications
to the VILLAGE for review and approval at the following stages of plan preparation:
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1. 95% Complete (Pre - final)
2. Final
2. The VILLAGE shall review the plans and specifications within 15 days of receipt
thereof. After review, at each stage, the VILLAGE will send a letter to the
AUTHORITY indicating its approval, or will notify the AUTHORITY in writing of its
disapproval. Approval by the VILLAGE shall mean the VILLAGE agrees with all
specifications in the plans, including alignment and location of the PROJECT
improvements which impact VILLAGE maintained highways. In the event of
disapproval, the VILLAGE will detail in writing its objections to the proposed plans
and specifications for review and consideration by the AUTHORITY. If the
AUTHORITY receives no written or verbal response within 15 days, the proposed
plans shall be deemed approved by the VILLAGE. Any approved changes shall be
considered a part of the plans and specifications.
3. Any dispute concerning plans shall be resolved in accordance with Section VII.
4. The final approved plans and specifications for the PROJECT (hereinafter referred
to as the "Plans and Specifications ") shall be promptly delivered to the VILLAGE by
the AUTHORITY.
5. The AUTHORITY agrees to assume the overall AUTHORITY PROJECT
responsibility of assuring that all permits (Corps of Engineers, Division of Water
Resources, Metropolitan Water Reclamation District, Federal Aviation Administration,
etc.) and joint participation and /or force account agreements (County, Township,
Village, 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.
Both 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
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and requirements pertaining to work proposed in the PROJECT.
6. The VILLAGE agrees to obtain a permit from Cook County authorizing the
construction of the VILLAGE requested sidewalk on the County owned 127th Street
bridge, of which a copy is attached hereto and made a part thereof.
The VILLAGE agrees at VILLAGE WORK expense to perform preliminary and final
design, obtain necessary surveys and permits, and prepare final Plans and
Specifications for the VILLAGE WORK. All cost for said work shall be apportioned
in accordance with the terms set forth in Section V of this Agreement.
7. The AUTHORITY agrees to incorporate the VILLAGE WORK into the PROJECT
Plans and Specifications, provided the VILLAGE provides the Plans and
Specifications and obtains a permit from Cook County authorizing the sidewalk, prior
to the AUTHORITY completing final Plans and Specifications.
II. RIGHT -OF -WAY
1 . The AUTHORITY shall perform all survey work and prepare all parcel plats and legal
descriptions, acquire all necessary right -of -way (both permanent and temporary)
necessary for the construction of the PROJECT pursuant to the plans and
specifications, all at AUTHORITY expense except, as otherwise provided in Section
V of this Agreement. Parcel plats and legal descriptions for property required for Toll
Highway facilities shall conform to The Illinois State Toll Highway Authority format.
Prior to transfer of said property interests, the VILLAGE shall grant to the
AUTHORITY the right to enter upon and use land which the VILLAGE has an interest
within the proposed PROJECT corridor right -of -way, or adjacent thereto, in which the
VILLAGE has an interest, as may be necessary or desirable to expedite the
construction of the PROJECT.
2. a. Right -of -way acquired exclusively for casing installation or for other property
or improvements to be maintained by the VILLAGE if needed, shall be
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acquired in the name of the VILLAGE or shall be conveyed by the
AUTHORITY to the VILLAGE after acquisition thereof by the AUTHORITY.
b. Right -of -way acquired exclusively for improvements to the Toll Highway or for
other improvements to be maintained by the AUTHORITY if needed, shall be
acquired in the name of the AUTHORITY, by the AUTHORITY.
3. Right -of -way costs shall include the purchase price thereof, as well as the costs of
negotiators, appraisals, title evidence, relocation assistance and payment, property
management, and such legal fees and expenses as may be necessary to acquire
said right -of -way. Cost associated with clearing and grubbing, demolition or any work
required to prepare the land for construction shall be included in right -of -way cost.
4. It is understood that the AUTHORITY has not consented in this Agreement to the
transfer of any interest in AUTHORITY property or right -of -way which the
AUTHORITY deems necessary for the maintenance and operation of its Toll Highway
system.
5. In consideration for the VILLAGE conveying and granting certain easements
hereinafter described, the AUTHORITY shall credit the VILLAGE of Forty Four
Thousand Seven Hundred Dollars ($44,700.00) as partial payment for work to be
performed under this agreement referred to as the "VILLAGE WORK ". In the event
the VILLAGE WORK costs are Tess than Forty Four Thousand Seven Hundred
Dollars ($44,700.00) the AUTHORITY shall pay the difference directly to the
VILLAGE. Upon execution hereof, the VILLAGE shall:
a. convey to the AUTHORITY, fee simple or grant permanent easements the
AUTHORITY for right -of -way that is owned by the VILLAGE and is needed for
the construction, maintenance, and operation of the Toll Highway subject to
the restrictive covenants precluding commercial advertising signs. Such
conveyance or grant of permanent easement, Parcel NS- 701- 018PE, shall be
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promptly made so not to delay construction of the Toll Highway.
b. grant to the AUTHORITY any temporary construction easements necessitated
for the work on the Toll Highway and related projects. Said easements are
NS-701-018.T1E and NS- 701- 018.2TE and shown on Exhibit "A ", which is
attached hereto and made a part thereof. Said temporary construction
easement shall be granted at no cost to the AUTHORITY. Where said
easement involves an existing VILLAGE Roadway, the AUTHORITY shall
coordinate the work with the VILLAGE to minimize any interruptions in existing
traffic flow. The AUTHORITY agrees to restore such properties to form
condition, (planned and agreed to improvements and changes excepted),
upon completion of construction.
III. UTILITY RELOCATION AND INSTALLATION
1. The AUTHORITY shall identify all adjustments to existing utilities necessitated by the
construction of the PROJECT as part of its PROJECT engineering responsibilities.
2. The AUTHORITY agrees to provide the VILLAGE, as soon as they are identified, the
locations (existing and proposed) of public and /or private utility facilities within
proposed Toll Highway rights -of -way which require adjustment as part of the
AUTHORITY PROJECT.
The AUTHORITY agrees to make all reasonable effort to minimize the number of
utility adjustments in the design of improvements to VILLAGE facilities improved as
part of the AUTHORITY PROJECT.
3. The VILLAGE agrees to make arrangements and issue all permits for PROJECT
required adjustments to existing Utilities and installation of new Utilities located within
existing VILLAGE rights -of -way. Such issuance of permits shall be promptly made
so not to delay construction of the Toll Highway.
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4. At locations where utilities are located on VILLAGE right -of -way and must be
adjusted due to work proposed by the AUTHORITY, the AUTHORITY agrees to
make arrangements with the utility and obtain all permits for the requisite
adjustment(s) at no cost to the VILLAGE. The AUTHORITY agrees to reimburse
and /or credit the VILLAGE for any and all costs the VILLAGE may incur in causing
the afore described utility(ies) to be adjusted.
At locations where utilities must be adjusted due to work proposed by the VILLAGE,
the AUTHORITY agrees to make arrangements with the utility and issue all permits
for the requisite adjustment(s). The VILLAGE agrees to reimburse the AUTHORITY
for any and all costs the AUTHORITY may incur in causing the aforesaid utility(ies)
to be adjusted.
5. The VILLAGE shall identify all locations and sizes for future utility crossing casings
during plan review stated in Section I herein. The AUTHORITY at PROJECT cost
agree to incorporate said information into the Plans and Specifications. Failure of the
VILLAGE to identify the locations early in design, is cause for the AUTHORITY not
to include VILLAGE WORK into the Plans and Specifications due to PROJECT
SCHEDULE delays.
6. Utility costs associated with the PROJECT shall be apportioned as hereinafter
specified.
7. The VILLAGE, agrees to obtain a Utility Permit from the AUTHORITY for all new
utility crossings of the Toll Highway proposed by the VILLAGE. The AUTHORITY
agrees to grant the Utility Permit to the VILLAGE.
IV. CONSTRUCTION
1. The AUTHORITY shall advertise and receive bids for the PROJECT. The VILLAGE
shall have the right to review the bids (for work to be funded wholly or partially by the
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VILLAGE) before award, award the contract(s), provide engineering inspections for
and cause the PROJECT to be constructed in accordance with the Plans and
Specifications.
2. After award of the construction contract(s) any proposed changes from the Plans and
Specifications that affect the VILLAGE shall be submitted to the VILLAGE for
approval prior to commencing such work. The VILLAGE shall review the proposed
changes and indicate its approval or disapproval thereof in writing. If the proposed
change to the Plans and Specifications are not acceptable, the VILLAGE shall detail
in writing its specific objections. If the AUTHORITY receives no written or verbal
response from the VILLAGE within five (5) working days after delivery to the
VILLAGE of the proposed change, the proposed change shall be deemed approved
by the VILLAGE. Any approved changes shall be considered a part of the Plans,
specifications and PROJECT cost.
3. The AUTHORITY shall provide fifteen (15) days written notice to the VILLAGE prior
to commencement of work on the TOLL HIGHWAY PROJECT.
4. The AUTHORITY shall require that the VILLAGE, the VILLAGE's agents and
employees be included as additional insured parties in all insurance AUTHORITY
requires of its contractor(s) and that the VILLAGE will be added as an additional
protected party on all performance bonds required of the contractor. Copies of said
insurance policies and bonds shall be delivered to the Village Administrator of the
VILLAGE prior to commencement of construction. This requirement shall be included
in the special provisions of the construction contract.
5. The AUTHORITY shall require that the VILLAGE, the VILLAGE's agents and
employees be included as additional insured parties in all insurance AUTHORITY
requires of its contractor(s) and that the VILLAGE will be added as an additional
protected party on all performance bonds required of the contractor. Copies of said
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insurance policies and bonds shall be delivered to the Village Administrator of the
VILLAGE prior to commencement of construction. This requirement shall be included
in the special provisions of the construction contract.
6. The VILLAGE and its authorized agents shall have all reasonable rights of inspection
(including prefinal and final inspection) and access to construction inspection records
during the progress of the work on the TOLL HIGHWAY as it affects the VILLAGE
Road and right -of -way. The VILLAGE shall assign personnel to perform inspections
on behalf of the VILLAGE of all work included in the PROJECT affecting the
VILLAGE Road, and will deliver written notices to the Chief Engineer of the
AUTHORITY identifying, by name, each such VILLAGE representative and his or her
corresponding contract or area of responsibility. AUTHORITY-notices concerning the
work will be given to the duly designated VILLAGE representative(s).
No inspections, approvals of the specifications or of the work by the VILLAGE or its
employees or agents shall relieve the AUTHORITY's contractor(s) of responsibility
and liability for the proper performance of the work as determined by the
AUTHORITY; and AUTHORITY inspections and approvals shall not be considered
a waiver of any right the VILLAGE may have pursuant to this Agreement. All
VILLAGE communications and correspondence with the AUTHORITY's contractors
or relating to a contract .shall be through the AUTHORITY, unless otherwise
specifically approved by the Chief Engineer of the AUTHORITY. In the event the
VILLAGE representative discovers VILLAGE related work that is not being performed
or has not been performed in accord with the Plans and Specifications, he shall
promptly notify the Chief Engineer of the AUTHORITY or the Chief Engineer's duly
designated representative, thereof.
The above not withstanding, the VILLAGE'S failure to identify work not performed in
accord with the Plans and Specifications by the date the AUTHORITY makes final
payment to its PROJECT Contractor, shall be deemed a waiver by the VILLAGE of
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any rights, actions and remedies the VILLAGE may have against the AUTHORITY
for said work.
7. The AUTHORITY shall give notice to the VILLAGE upon completion of 70% and
100% of all PROJECT construction contracts to be subsequently maintained by the
VILLAGE, and the VILLAGE shall make an inspection thereof not later than seven
(7) calendar days after notice thereof. At the request of the VILLAGE, the
AUTHORITY representative shall join in such inspection. In the event said
inspections or joint inspection disclose such work that does not conform to the final
Plans and specifications, the VILLAGE's representative shall give immediate verbal
notice to the AUTHORITY's representative of any deficiency, and shall thereafter
deliver, within five (5) working days, a written list identifying such deficiencies to the
Chief Engineer of the AUTHORITY. The Authority's Chief Engineer shall determine
whether the listed work is in fact deficient and his determination shall be final. Work
determined deficient shall be subject to joint reinspection upon completion of
corrective work.
8. To provide expeditious prosecution of the construction contract. The VILLAGE shall
grant the AUTHORITY variances from its ordinances, restricting the AUTHORITY'S
Contractor, hours of operation.
9. The AUTHORITY shall require its Contractor to obtain all necessary permits for
oversized Toads in accordance with Section 107.2 of the Standard Specifications.
V. FINANCIAL
1. The AUTHORITY agrees to pay all design engineering, right -of -way and construction
costs for the construction of the Toll Highway and Village work subject to
reimbursement by the VILLAGE as hereinafter stipulated.
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2. The VILLAGE agrees to reimburse the AUTHORITY 100% for the engineering,
construction and construction engineering cost of the installation of twelve (12) inch
watermain, twenty (20) inch steel casings and approved sidewalk on 127th Street
bridge. Within thirty (30) days of completion of the said VILLAGE improvements, the
VILLAGE and the AUTHORITY shall undertake a cooperative audit of all contracts
relating to VILLAGE improvements, and the VILLAGE agrees to reimburse the
AUTHORITY within sixty (60) days of receipt of the AUTHORITY invoice in
accordance with the participation requirements established herein.
3. It is understood and agreed by and between the parties hereto that the VILLAGE's
financial responsibilities for the PROJECT shall be limited to participation to the
extent described herein in Section V.
Upon completion of the PROJECT, the VILLAGE and AUTHORITY shall undertake
a cooperative audit of all contract(s) within said PROJECT, and the parties hereto
agree to reimburse the other party as required, to cause the VILLAGE participation
in the PROJECT, to be consistent with the participation requirements established
herein.
4. The Authority shall maintain, for a minimum of five years after the completion of the
PROJECT, adequate books, records, and supporting documents to verify the
amounts, recipients, and uses of all disbursement, of funds passing in conjunction
with this Agreement. All books, records, and supporting documents related to the
PROJECT shall be available for review and audit by the Auditor General and other
State Auditors, and the AUTHORITY agrees to cooperate fully with any audit
conducted by the Auditor General and other State Auditors, and to provide full access
to all relevant materials.
5. Either the VILLAGE or the AUTHORITY may request, after the construction
contract(s) are let by the AUTHORITY, that supplemental work that increases the
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total cost of the PROJECT or more costly substitute work be added to the
construction contract(s) and the AUTHORITY 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. However, the party requesting or
causing said supplemental work or more costly substitute work shall pay for the cost
increases of said work, in addition to the costs otherwise provided in this Agreement
to be paid by that party.
VI. MAINTENANCE
A. DEFINITIONS
1. For purposes of dividing maintenance responsibilities between the
AUTHORITY and the VILLAGE where a grade separation structure has been
constructed to carry the TOLL HIGHWAY over a VILLAGE Road.
2. As used herein, the terms 'maintenance" and "maintain" shall refer to the
responsibility for keeping a facility in good and sufficient repair (including
reconstruction thereof when needed) at all times to facilitate the convenient
flow of traffic and so as not to endanger any of the adjacent highway facilities
of either of the parties hereto, and shall include preservation of the structural
integrity of the original facility and subsequent improvements, perpetuation of
ground cover on embankment slopes, and removal of ice, snow, dirt and
debris, and mowing and care of vegetation where necessary.
3. As used herein, the term 'drainage facilities' refers to both open and enclosed
systems. The term "drainage structures' refers to enclosed systems only.
4. The VILLAGE shall maintain the following:
a. All VILLAGE roadways, guardrail and other protective devices,
roadway slopes and shoulders, including but not limited to the portions
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thereof underneath the grade separation structure.
b. All drainage facilities on VILLAGE right -of -way which drain VILLAGE
roadway facilities, except such facilities installed by the AUTHORITY
on VILLAGE property tor the purpose of carrying exclusively TOLL
HIGHWAY drainage.
c. All underpass lighting, including energy charges therefore.
5. The AUTHORITY shall maintain, or cause to be maintained, all portions of the
intersection not to be maintained by the VILLAGE as hereinbefore stipulated,
including but not limited to the entire grade separation structure, drainage
facilities, bridge slope walls and embankments within AUTHORITY access
control fencing, and fences.
6. If the party responsible for said maintenance work pursuant to this Agreement
fail to perform said work, then any maintenance work required to be
performed by a party to this Agreement may be performed by the other party
following ten (10) calendar days advance written notice to the other party
identifying the work to be performed and requesting the maintenance work to
be performed within reasonable specified time (not to exceed one year). In
such event, the party who thereafter performs work required hereunder to be
performed by the other party shall be entitled to prompt reimbursement of all
actual costs and expenses incurred in the performance of said maintenance,
and any and all expenses including reasonable attorney fees incurred in
collecting said reimbursement.
B. General Maintenance Provisions
1. 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 VILLAGE and Tollway facilities.
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2. During construction, the VILLAGE shall continue to maintain all portions of the
PROJECT within the VILLAGE's jurisdiction that are not to be improved or
maintained by the construction contractor(s) pursuant to the approved plans
and specifications.
3. All items of construction which are stipulated in this Agreement to be
maintained by the VILLAGE shall, upon Completion of construction, and upon
completion of the final inspection of that portion of the work by the VILLAGE,
be the sole maintenance responsibility of the VILLAGE, and all items of
construction which are stipulated in this Agreement to be maintained by the
AUTHORITY shall, upon completion of construction, be the sole maintenance
responsibility of the AUTHORITY.
4. The VILLAGE and the AUTHORITY agree to remove all snow, and ice from
their respective roadways, and such removal shall be accomplished in such
a manner as not to block or obstruct any roadway of the VILLAGE or the
AUTHORITY.
Nothing herein is intended to prevent or preclude the VILLAGE and the
AUTHORITY from entering into reciprocal agreements in the future for any
particular interchange, for the efficient removal of snow, ice, and debris.
5. If the party responsible for said maintenance work pursuant to this Agreement
fails to perform said work, then any maintenance work required to be
performed by a party to this Agreement may be performed by the other party
following ten (10) calendar days advance written notice to the other party
identifying the work to be performed and requesting the maintenance work to
be performed within responsible specified time (not to exceed one year). In
such event, the party who thereafter performs work required hereunder to be
performed by the other party shall be entitled to prompt reimbursement of all
actual costs and expenses incurred in the performance of said maintenance,
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Final - March 5, 1996
and any and all expenses including reasonable Attorney fees incurred in
collecting said reimbursement.
VII. GENERAL
1. It is understood and agreed that this is an Intrastate Agreement between the
VILLAGE OF LEMONT and THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY.
2. It is understood and agreed by the parties hereto, that the AUTHORITY shall have
jurisdiction of the TOLL HIGHWAY. The VILLAGE shall retain jurisdiction of
VILLAGE roadways traversed or affected by the TOLL HIGHWAY 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.
3. Wherever in the Agreement, approval, or review of either the VILLAGE or the
AUTHORITY is provided for, said approval or review shall not be unreasonably
delayed or withheld.
4. In the event of a dispute between the VILLAGE and AUTHORITY representatives in
the preparation of Plans and Specifications, or changes thereto, or in carrying out the
terms of this Agreement, the Chief Engineer of the AUTHORITY and the Village
Engineer of the VILLAGE shall meet and resolve the issue.
5. Any dispute concerning the Plans and Specifications or in carrying out the terms of
this Agreement that is not resolved as provided above shall be resolved by decision
of the VILLAGE President and the Executive Director of the AUTHORITY, and their
decision shall be final.
6. 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
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Final - March 5, 1996
full time representative of the said party during the carrying out of the construction
of the PROJECT. Each representative shall have authority, on behalf of such party,
to receive notices and make inspections 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.
7. THIS AGREEMENT may be executed in two or more counterparts each of which
shall be deemed an original and all of which shall be deemed one and the same
instrument.
MODIFICATIONS
THIS AGREEMENT is not subject to modifications except in writing, executed by the
duly authorized representatives of the parties.
SUCCESSORS AND ASSIGNS
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
GOVERNING LAWS
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.
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Final - March 5, 1996
NOTICES
All notices shall be in writing and shall be personally delivered or mailed to the
following persons at the following addresses:
To AUTHORITY: The Illinois State Toll Highway Authority
One Authority Drive
Downers Grove, IL 60515
Attention: Chief Engineer
To VILLAGE:
FA E N G_N'A G R E E MTS \SO EXl1LE MO NTAG R
Village of Lemont
418 Main Street
Lemont, IL 60439 -3788
Attention: Village Administrator
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Final - March 5, 1996
IN WITNESS WHEREOF, the parties have executed the AGREEMENT on the
date first above written.
ATTEST:
By:
Assistant Secretary
APPROVED:
By:
Chief Engineer
ATTEST:
By
Village Clerk
THE ILLINOIS STATE TOLL HIGHWAY
AUTHORITY
By:
Chairman
leT•
■iVA%
Date
LLAGE OF LEMONT
Village President
3 -tk , 1961?
APPROVED AS TO FORM AND CONSTITUTIONALITY
F: \ENG N\AGREEMTS\SOEXT\LEMONTAGR
Attorney General, State of Illinois
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Final - March 5, 1996