Village of Itasca 550 W. Irving Park Rd., Itasca, 60143 Committee of the Whole Meeting Agenda January 22, 2019 (Board Room, 2nd Floor) (This Meeting will convene immediately following the Village Board Meeting, which begins at 7 p.m.)

President: Jeffery J. Pruyn Phone: 630.773.0835

Trustees: Jeff Aiani FAX: 630.773.2505 Marty Hower Michael J. Latoria Ellen Leahy Frank J. Madaras Lucy Santorsola Clerk: Jody A. Conidi Administrator: Carie Anne Ergo

1. Call to Order; Roll Call 2. Pledge of Allegiance 3. Audience Participation 4. Presentation of Meeting Minutes a. Committee of the Whole – January 8, 2019

Documents:

20190108 COW MTG MINUTES.PDF

5. President's Comments 6. Community Development Committee Trustee Latoria, Chairperson a. Discussion and possible action regarding DuPage County Stormwater Ordinance Text Amendment (Ord. 1905-19)

Documents:

COMDEV A - DUPAGE COUNTY STORMWATER MUNICIPAL CODE AMENDMENTS.PDF

7. Administration Committee Trustee Santorsola, Chairperson 8. Environmental Committee Trustee Leahy, Chairperson 9. Finance Committee Trustee Hower, Chairperson 10. Public Safety Committee Trustee Madaras, Chairperson 11. Public Works/Infrastructure Committee Trustee Aiani, Chairperson a. Discussion and possible action regarding 2018 Street Resurfacing Program – Payment Estimate #4 and final to Schroeder Asphalt Services

Documents:

PW A - 2018 STREET RESURFACING PROGRAM - PAY 4 - SCHROEDER.PDF

b. Discussion and possible action regarding recommendation of approval of Final Project Cost Letter - Illinois Tollway/Illinois Department of Transportation/Village of Itasca Contract 4600 – Rohlwing Road from West Thorndale Avenue to Hamilton Parkway and Contract 4606 – Westbound I-290 to Illinois Route 390 and Park Boulevard Relocation

Documents:

PW B - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 FINAL COST CONCURRENCE.PDF

c. Discussion and possible action regarding recommendation for Consideration of Approval of IGA Addendum - Village / Tollway / IDOT Intergovernmental Agreement (IGA) Contract 4600/4606

Documents:

PW C - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 IGA ADDENDUM.PDF

d. Discussion and possible action regarding Recommendation for Consideration of Approval of IGA for Contract 4629 - Village of Itasca/Illinois Tollway/Illinois Department of Transportation - DuPage County/Addison Township Intergovernmental Agreement

Documents:

PW D - ILLINOIS TOLLWAY CONTRACT CONSIDERATION OF APPROVAL OF IGA FOR CONTRACT 4629.PDF

e. Discussion and possible action regarding recommendation for approval of Final Project Cost Letter - Village of Itasca/Illinois Tollway Contract 4629 - Illinois Route 390 – west of Park Boulevard to east of Arlington Heights Road

Documents:

PW E - ILLINOIS TOLLWAY CONTRACT 4629 FINAL COST CONCURRENCE.PDF

f. Wastewater Treatment Plant Update 12. Department Head Reports 13. Village Administrator Report 14. Closed Session 15. Adjournment Village of Itasca 550 W. Irving Park Rd., Itasca, Illinois 60143 Committee of the Whole Meeting Agenda January 22, 2019 (Board Room, 2nd Floor) (This Meeting will convene immediately following the Village Board Meeting, which begins at 7 p.m.)

President: Jeffery J. Pruyn Phone: 630.773.0835

Trustees: Jeff Aiani FAX: 630.773.2505 Marty Hower Michael J. Latoria Ellen Leahy Frank J. Madaras Lucy Santorsola Clerk: Jody A. Conidi Administrator: Carie Anne Ergo

1. Call to Order; Roll Call 2. Pledge of Allegiance 3. Audience Participation 4. Presentation of Meeting Minutes a. Committee of the Whole – January 8, 2019

Documents:

20190108 COW MTG MINUTES.PDF

5. President's Comments 6. Community Development Committee Trustee Latoria, Chairperson a. Discussion and possible action regarding DuPage County Stormwater Ordinance Text Amendment (Ord. 1905-19)

Documents:

COMDEV A - DUPAGE COUNTY STORMWATER MUNICIPAL CODE AMENDMENTS.PDF

7. Administration Committee Trustee Santorsola, Chairperson 8. Environmental Committee Trustee Leahy, Chairperson 9. Finance Committee Trustee Hower, Chairperson 10. Public Safety Committee Trustee Madaras, Chairperson 11. Public Works/Infrastructure Committee Trustee Aiani, Chairperson a. Discussion and possible action regarding 2018 Street Resurfacing Program – Payment Estimate #4 and final to Schroeder Asphalt Services

Documents:

PW A - 2018 STREET RESURFACING PROGRAM - PAY 4 - SCHROEDER.PDF

b. Discussion and possible action regarding recommendation of approval of Final Project Cost Letter - Illinois Tollway/Illinois Department of Transportation/Village of Itasca Contract 4600 – Rohlwing Road from West Thorndale Avenue to Hamilton Parkway and Contract 4606 – Westbound I-290 to Illinois Route 390 and Park Boulevard Relocation

Documents:

PW B - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 FINAL COST CONCURRENCE.PDF

c. Discussion and possible action regarding recommendation for Consideration of Approval of IGA Addendum - Village / Tollway / IDOT Intergovernmental Agreement (IGA) Contract 4600/4606

Documents:

PW C - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 IGA ADDENDUM.PDF

d. Discussion and possible action regarding Recommendation for Consideration of Approval of IGA for Contract 4629 - Village of Itasca/Illinois Tollway/Illinois Department of Transportation - DuPage County/Addison Township Intergovernmental Agreement

Documents:

PW D - ILLINOIS TOLLWAY CONTRACT CONSIDERATION OF APPROVAL OF IGA FOR CONTRACT 4629.PDF

e. Discussion and possible action regarding recommendation for approval of Final Project Cost Letter - Village of Itasca/Illinois Tollway Contract 4629 - Illinois Route 390 – west of Park Boulevard to east of Arlington Heights Road

Documents:

PW E - ILLINOIS TOLLWAY CONTRACT 4629 FINAL COST CONCURRENCE.PDF

f. Wastewater Treatment Plant Update 12. Department Head Reports 13. Village Administrator Report 14. Closed Session 15. Adjournment Village of Itasca 550 W. Irving Park Rd., Itasca, Illinois 60143 Committee of the Whole Meeting Agenda January 22, 2019 (Board Room, 2nd Floor) (This Meeting will convene immediately following the Village Board Meeting, which begins at 7 p.m.)

President: Jeffery J. Pruyn Phone: 630.773.0835

Trustees: Jeff Aiani FAX: 630.773.2505 Marty Hower Michael J. Latoria Ellen Leahy Frank J. Madaras Lucy Santorsola Clerk: Jody A. Conidi Administrator: Carie Anne Ergo

1. Call to Order; Roll Call 2. Pledge of Allegiance 3. Audience Participation 4. Presentation of Meeting Minutes a. Committee of the Whole – January 8, 2019

Documents:

20190108 COW MTG MINUTES.PDF

5. President's Comments 6. Community Development Committee Trustee Latoria, Chairperson a. Discussion and possible action regarding DuPage County Stormwater Ordinance Text Amendment (Ord. 1905-19)

Documents:

COMDEV A - DUPAGE COUNTY STORMWATER MUNICIPAL CODE AMENDMENTS.PDF

7. Administration Committee Trustee Santorsola, Chairperson 8. Environmental Committee Trustee Leahy, Chairperson 9. Finance Committee Trustee Hower, Chairperson 10. Public Safety Committee Trustee Madaras, Chairperson 11. Public Works/Infrastructure Committee Trustee Aiani, Chairperson a. Discussion and possible action regarding 2018 Street Resurfacing Program – Payment Estimate #4 and final to Schroeder Asphalt Services

Documents:

PW A - 2018 STREET RESURFACING PROGRAM - PAY 4 - SCHROEDER.PDF

b. Discussion and possible action regarding recommendation of approval of Final Project Cost Letter - Illinois Tollway/Illinois Department of Transportation/Village of Itasca Contract 4600 – Rohlwing Road from West Thorndale Avenue to Hamilton Parkway and Contract 4606 – Westbound I-290 to Illinois Route 390 and Park Boulevard Relocation

Documents:

PW B - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 FINAL COST CONCURRENCE.PDF

c. Discussion and possible action regarding recommendation for Consideration of Approval of IGA Addendum - Village / Tollway / IDOT Intergovernmental Agreement (IGA) Contract 4600/4606

Documents:

PW C - ILLINOIS TOLLWAY CONTRACT 4600 AND 4606 IGA ADDENDUM.PDF

d. Discussion and possible action regarding Recommendation for Consideration of Approval of IGA for Contract 4629 - Village of Itasca/Illinois Tollway/Illinois Department of Transportation - DuPage County/Addison Township Intergovernmental Agreement

Documents:

PW D - ILLINOIS TOLLWAY CONTRACT CONSIDERATION OF APPROVAL OF IGA FOR CONTRACT 4629.PDF

e. Discussion and possible action regarding recommendation for approval of Final Project Cost Letter - Village of Itasca/Illinois Tollway Contract 4629 - Illinois Route 390 – west of Park Boulevard to east of Arlington Heights Road

Documents:

PW E - ILLINOIS TOLLWAY CONTRACT 4629 FINAL COST CONCURRENCE.PDF

f. Wastewater Treatment Plant Update 12. Department Head Reports 13. Village Administrator Report 14. Closed Session 15. Adjournment Village of Itasca Committee of the Whole Regular Meeting Minutes Tuesday, January 8, 2019 Immediately Following the Village Board of Trustees Meeting Itasca Municipal Complex, Board of Trustees Room

1. Call to Order / Roll Call The Tuesday, January 8, 2019 regular meeting of the Committee of the Whole was called to order at 7:50 p.m. by President Pro Tem Aiani.

Roll Call PRESENT: President Pro Tem Jeff Aiani, Trustee Marty Hower, Trustee Mike Latoria, Trustee Ellen Leahy, Trustee Frank Madaras, Trustee Lucy Santorsola. ABSENT: Mayor Jeff Pruyn.

Others Present: Safety Director Bob O’Connor, Interim Community Development Director Shannon Malik Jarmusz, Village Engineering Consultant Mark Wesolowski, Public Works Director Ross Hitchcock, Village Administrator Carie Anne Ergo, Village Attorney Chuck Hervas, Village Clerk Jody Conidi.

2. Pledge of Allegiance Recited at the preceding Village Board Meeting.

3. Audience Participation No Audience Participation.

4. Meeting Minutes

5A. Committee of the Whole Meeting Minutes – December 18, 2018 Trustee Leahy moved to approve the Committee of the Whole meeting minutes of December 18, 2018. Trustee Hower seconded. Motion carried by unanimous voice vote.

5. President’s Comments No President’s Comments; Mayor Pruyn absent.

6. Community Development Committee – Trustee Latoria, Chair

6A. Detached Garage Variances – 191 Princeton Avenue Trustee Latoria moved to recommend approval of Ordinance 1902-19, “An Ordinance Granting Variances for 191 Princeton Avenue (Bill and Mke Chlebik)” (PC 18-017). The existing detached garage will be demolished and replaced with a new three-car garage. Trustee Leahy seconded. Motion carried by unanimous voice.

7. Administration Committee – Trustee Santorsola, Chair No Administration Committee Report.

8. Environmental Committee – Trustee Leahy, Chair No Environmental Committee Report.

Itasca Committee of the Whole Regular Meeting January 8, 2019 Page 2

9. Finance Committee – Trustee Hower, Chair

9A. General Obligation Refunding Bonds Trustee Hower introduced Ordinance 1904-19 providing for issuance of not to exceed $940,000.00 in General Obligation Refunding Bonds, Series 2019, of the Village of Itasca, DuPage County, Illinois, for the purpose of refunding certain outstanding bonds of said Village, providing for the levy and collection of a direct annual tax sufficient to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. The issuance of new bonds will result in a cost savings of $60,000.00.

10. Public Safety Committee – Trustee Madaras, Chair No Public Safety Committee Report.

11. Public Works/Infrastructure Committee – Trustee Aiani, Chair

11A. 2019 Village Engineer Rate Schedule Trustee Madaras moved to recommend approval of Resolution 1093-19 regarding the 2019 Rate Schedule for the Village Engineer – Robinson Engineering, Ltd. The hourly rate increase for 2019 calendar year is 1.4% is to be applied to new projects and/or miscellaneous continuing services after January 1, 2019. Projects already underway will continue to abide by the terms of previously approved agreements and task orders until completed. Trustee Leahy seconded. Motion carried by unanimous voice vote.

12. Department Head Reports

Safety Director O’Connor reported the Police Department received 22 calls on New Year’s Eve.

Interim Community Development Director Malik Jarmusz reported staff met with Bridge Development Partners on the agreement extension, construction schedule, and fire department requirements for the CBS Tower property; Bridge Development Partners met with Elk Grove Village to negotiate traffic needs on Nerge Road; Bridge Development Partners will be attending an upcoming Plan Commission meeting for final approvals and variances; and the Plan Commission meeting on Wednesday, January 16, 2019 has two agenda items.

Village Engineer Wesolowski reported Senior Engineer Amy McKenna will be leaving Robinson Engineering, Ltd. as of Thursday, January 17, 2019.

Public Works Director Hitchcock reported Public Works repaired a couple of main breaks over the holidays and the new camera found a collapse in front the Itasca Bank & Trust, Co., 308 West Irving Park Road.

Village Attorney Hervas reported

Itasca Committee of the Whole Regular Meeting January 8, 2019 Page 3

Village Clerk Conidi had no report.

13. Village Administrator Report Village Administrator Ergo reported a letter is being written to ComEd’s new CEO Anne Pramaggiore regarding overhead power lines; Congressman Raja Krishnamoorthi is holding a town hall meeting at the Itasca Village Hall on Monday, February 4, 2019 at 6:00 p.m.; a bargaining notice was received from the Fraternal Order of Police (FOP); a Study meeting is scheduled for Thursday, January 17, 2019 in Glen Ellyn, Illinois; and DuPage County will be applying for permits on a sanitary facilities project near the Itasca Softball Complex.

14. Closed Session No Closed Session.

15. Adjournment Trustee Hower moved to adjourn the Committee of the Whole Meeting at 8:15 p.m. Trustee Leahy seconded. Motion carried by unanimous voice vote.

Submitted this 8th day of January 2019.

Jody A. Conidi, Village Clerk

ORDINANCE NO. 1905-19

AN ORDINANCE ADOPTING THE DUPAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANCE AND ALL FUTURE AMENDMENTS TO THE ORDINANCE

WHEREAS, The Village of Itasca, (hereinafter “the Village”) is a non-home rule municipality organized under the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and

WHEREAS, Chapter 153 of the Village of Itasca Code of Ordinances, entitled Flood Damage Prevention, sets forth provisions relating to the Village’s adoption of the County of DuPage’s Countywide Stormwater and Flood Plain Ordinance (“County Ordinance”), adopted as Appendix F to the DuPage County Stormwater Management Plan, and the Village’s status as a partial waiver community for the purposes of enforcing the County Ordinance; and

WHEREAS, the County of DuPage has adopted certain amendments to the County Ordinance over the years and is anticipating adopting further amendments to the County Ordinance in the future; and

WHEREAS, the corporate authorities of the Village have determined that it is in the best interest of the Village to adopt the current and future amendments to the County Ordinance; and

WHEREAS, the corporate authorities of the Village have determined that the current and future amendments to the County Ordinance will in no way impair or compromise, and are in furtherance of, the public safety, health and general welfare of the residents of the Village of Itasca.

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Itasca, DuPage County, Illinois, as follows:

SECTION ONE: The corporate authorities hereby amend Section 153.02 of the Itasca Code of Ordinances as follows:

§ 153.02 ADOPTION OF COUNTY ORDINANCE BY REFERENCE; COMPLIANCE.

(A) In order to assure that the provisions of the existing ordinances of the Village and those which may be adopted in the future are consistent with and at least as stringent as the DuPage County Stormwater Management Plan and the Countywide Stormwater and Flood Plain Ordinance, the Corporate Authorities do hereby adopt the Countywide Stormwater and Flood Plain Ordinance as currently revised by the County Board on April 23, 2013with amendments which are attached hereto and made a part of this chapter as if set out fully herein. The County Ordinance is adopted by reference, with the amendments adopted as a specific and integral part of this chapter. The provisions adopted by this section shall be in full force and effect and shall supersede any other ordinances of the municipality with which they are inconsistent or which are less stringent than the terms of this chapter.

Ord 1905-19 - Adoption of DuPage Stormwater Ordinance Amendments (B) Section 6.05 of the Village Development Standards and Specifications shall be amended concurrently with this chapter, and, the amended Section 6.05 shall serve as Appendix A, as attached to Ordinance 1208-04, passed 11-2- 04.

(C) Any new annexation or pre-annexation agreement entered into by this municipality after such time as this chapter is in full force and effect shall require that every developer comply with the stormwater standards of this chapter or as this chapter may be amended in the future to make its terms consistent with the County Ordinance which shall apply to any plat of subdivision within such newly annexed territory.

(D) The Corporate Authorities agree that the Village will be bound by the rules and procedures of the County Ordinance, including without limitation, the Committee procedures for reasserting county jurisdiction over stormwater management within the jurisdiction of this municipality.

(E) Any amendment to the DuPage Countywide Stormwater and Flood Plain Ordinance that becomes effective after the passage of this ordinance shall be incorporated into this ordinance by reference and shall be applicable to all Villages Ordinances, and Development Standards, and Specifications.

SECTION TWO: All references to the “County Ordinance” contained in Chapter 153 of the Village of Itasca Code of Ordinances shall be deemed to incorporate the amendments to the DuPage Countywide Stormwater and Flood Plain Ordinance adopted herein.

SECTION THREE: SEVERABILITY. The various provisions of this Ordinance are to be considered as severable, and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.

SECTION FOUR: REPEAL OF PRIOR ORDINANCES. All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.

SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

AYES: ______

NAYES: ______

ABSENT: ______

ABSTAIN: ______

Ord 1905-19 - Adoption of DuPage Stormwater Ordinance Amendments APPROVED and ADOPTED by the Village President and Board of Trustees of the Village of Itasca this day of January, 2019.

APPROVED:

______Jeffery J. Pruyn, Village President

ATTEST:

______Jody Conidi, Village Clerk

Ord 1905-19 - Adoption of DuPage Stormwater Ordinance Amendments PUBLIC WORKS 411 N Prospect Ave Itasca, Illinois 60143-1795 Tel: 630-773-2455 Fax: 630-773-9856 www.itasca.com

MEMORANDUM

To: Carie Anne Ergo, Village Administrator

From: Ross Hitchcock, Director of Public Worksf ~ -

Date: January 15, 2019

Subject: 2018 Street Resurfacing Program - Payment Estimate #4 and Final

Introduction I have received Payment Estimate #4 and final from Robinson Engineering recommending payment to Schroeder Asphalt Services Inc. in the amount of $51,485 .18 for work performed on the 2018 Street Resurfacing Program.

Discussion This payment is for concrete and asphalt patching and overlay work completed at various locations throughout the Village.

Staff Recommendation Everything appears to be in order. I recommend this item be forwarded to the Committee of the Whole agenda on January 22, 2019 for discussion and approval.

After Action Steps None

Attachments Recommendation from Robinson Engineering Contractor's statement of quantities Waivers of lean Municipal Expertise. CommunHy Commit ment.

Mark A. Wesolowski, PE Direct Line : (815) 412-2710 Email: [email protected] January 14, 2019

Project 18-R0027 Mr. Ross Hitchcock, Director of Public Works Village of Itasca Public Works 411 N. Prospect Itasca, Illinois 60143

RE: 2018 Street Resurfacing Program Payment Estimate #4 - Final

Dear Mr. Hitchcock:

We have reviewed Invoice #2018-360 (Estimate of Payment #4) from Schroeder Asphalt Services, Inc. for work completed on the above referenced project. It is our opinion that the work has been completed in substantial conformance with the plans and specifications, as summarized below:

Tota I Earned to Date ...... $344,320.56 Less Previous Payments ...... $292,835.38 Total Due Estimate No. 4 - Final...... $51,485.18

Therefore, we recommend that the Village Board authorize the release of funds in the amount of Fifty­ One Thousand, Four Hundred Eighty-Five and Eighteen Cents ($51,485.18) at this time to the contractor, Schroeder Asphalt Services, Inc.

Very truly yours,

ROBINSON ENGINEERING, LTD. 4/tla/~ Mark A. Wesolowski, PE, CFM Senior Project Manager maw/rd r:\2015-2019\2018\18-r0027.it\construction\payouts\18-r0027_payout #4-final .docx

Encl :

127 N. Walnut St reet. Suite 200 <> Itasca, IL 60143 o (847) 250 .. 5535 www.reltd.com ·1 0 ASPHALT SERVICES, INC.

POBOX831 PHONE: 815-923-4380 HUNlLEY, IL 60142 FAX: 815-923-4389

Bill To Invoice VILLAGE OF ITASCA 550 W IRVING PARK ROAD Date Invoice # ITASCA, IL 60143 12/7/2018 2018-360

Project

2018 STREET RESURFACING-218023

Description Unit Quantity Unit Price Amount Final Contract Amount 1 344,320.56 344,320.56 Less Previous Payments 1 -292,835.37 -292,835 . 37

Total $51,485.19

Payments/Credits $0.00

Balance Due $51,485.19 Invoice #2018-360 Owner Contractor Invoice Date: 1217/2018 Village of Itasca Schroeder Asphalt Services, Inc. Dates Billed: 10/1712018 -1217/2018 550 W Irving Park Road P.O. Box831 PO# Itasca, IL 60143 Huntley, IL 60142 2018 Street Resrfacing Program Job: 218023

Previous Quantities Contract Contract Quantities Current Billed Current Amount Description Quantities Unit Unit Price Amount Billed Quantities to Date Amount to Date 1 HMA Surface Course, Mix D, N50 1,230 TON $ 69.75 $ 85,792.50 1470 1469.92 $ $ 102,526.92 2 HMA Surface Removal 2" 13,469 SY $ 1.70 $ 22,897.30 13767 2046 15813 $ 3,478.20 $ 26,882.10 3 Leveling Binder (Machine Method), N 50 568 TON $ 69.00 $ 39,192.00 148.58 0 148.58 $ $ 10,252.02 4 Aggregate Base Repair 92 TON $ 16.50 $ 1,518.00 0 93 93 s 1,534.50 $ 1,534.50 5 Bituminous Materials (Tack Coat) 8,827 LB $ 0.01 $ 88.27 2562 0 2562 s $ 25.62 6 Class D Patches, Type II , 7" 217 SY $ 44.00 $ 9,548.00 212 0 212 s $ 9,328.00 7 Class D Patches, Type IV, T' 370 SY $ 42.00 s 15,540.00 678 0 678 $ $ 28,476.00 8 Partial Deth Patching (Special) 400 SY $ 16.95 $ 6,780.00 1478 0 1478 $ $ 25,052.10 9 HMA Driveway Removal & Replacement 50 SY $ 27.00 $ 1,350.00 0 0 0 $ $ 10 Sidewalk Removal 52 SF $ 5.00 $ 260.00 421 0 421 $ $ 2,105.00 11 Portland Cement Concrete Sidewalk 5" 52 SF $ 9.45 $ 491.40 421 0 421 $ $ 3,978.45 12 Detectable Warnings 20 SF $ 27.50 $ 550.00 20 0 20 $ $ 550.00 13 Bituminos Materials (Prime Coat) 27,283 LB $ 0.01 $ 272.83 0 0 0 $ $ 14 Catch Basins to be adjusted with new Type II Frame ; EA $ 735.00 s 735.00 2 0 2 $ $ 1,470.00 15 Catch Basins to be reconstructed with new Type II Fr. EA $ 1,050.00 $ 1,050.00 2 0 2 $ $ 2,100.00 16 Inlets to be Adjusted 2 EA $ 420.00 $ 840.00 0 $ $ 420.00 17 Remove and Relocate Inlets 2 EA $ 900.00 $ 1,800.00 0 0 0 $ $ 18 Combination Curb & Gutter Removal & Replace 51 FT $ 37.00 $ 1,887.00 198 0 198 $ $ 7,326.00 19 Curb Removal 90 FT $ 10.50 $ 945.00 115 0 115 $ $ 1,207.50 20 Concrete Curb, Type B 90 FT $ 27.50 $ 2,475.00 115 0 115 $ $ 3,162.50 21 Steel Adjusting Rings 16 EA $ 210.00 $ 3,360.00 1 0 1 $ $ 210.00 22 TPM Letters and Symbols 106 SF $ 3.95 $ 418.70 407.3 0 407.3 $ $ 1,608.84 23 TPM Line 4" 17,261 FT $ 0.51 $ 8,803.11 13545 0 13545 $ $ 6,907.95 24 TPM Line 6" 500 FT $ 0.80 $ 400.00 2047 0 2047 $ $ 1,637.60 25 TPM Line 12" 530 FT $ 1.60 $ 848.00 449 0 449 $ $ 718.40 26 TMP Line 24" 214 FT s 7.35 $ 1,572.90 371 0 371 $ $ 2,726.85 27 Topsoil Furnish and Place 4" 17 SY $ 10.00 $ 170.00 0 51 51 $ 510.00 $ 510.00 28 Sodding Salt Tolelrant (Special) 17 SY $ 20.00 $ 340.00 0 51 51 $ 1,020.00 $ 1,020.00 29 Railroad Right of Way Entry Permit EA $ 2,000.00 $ 2,000.00 0 0 0 $ $ 30 Railroad Flagger LS $ 10,000.00 $ 10,000.00 0 0 0 $ $ 31 Railroad Protective Liability Insurance LS $ 2,500.00 s 2,500.00 0 0 0 $ $ 32 Preparation of Base 6,457 SY $ 0.70 $ 4,519.90 2558 1144 3702 $ 800.80 $ 2,591.40 33 HMA Binder Course IL 19.0, N50 723 TON $ 72.00 $ 52,056.00 338.44 0 338.44 $ $ 24,367.68 Aup 1 Message Board 3 WEEK $ 800.00 $ 2,400.00 3 0 3 $ $ 2,400.00 Aup2 PGE 550 CY $ 86.00 $ 47,300.00 541 135 676 $ 11 ,610.00 $ 58,136.00 Aup3 Glas Pav Fabric 3,900 SY $ 3.87 $ 15,093.00 3899 0 3899 $ $ 15,089.13

Change Order Amount $ Total Contract $ 281,000.91

Work Completed to Date $ 344,320.56 $ Total Complete/Stored/Pendin! $ 344,320.56 Less Retalnage $ Total (Less Retainage) $ 344,320.56 Adjustments $ Less Previously Requested $ 292,835.37 Amount Due This Request $ 51,485.19 FINAL WAIVER OF LIEN

STATE OF ILLINOIS l Gty#~~~~~~~~~~~ COUNTY OF McHENRY J S.S Loan# TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by Village of Itasca to furnish Asphalt Paving ~~~~~~~~~~~~~~~~--'-~~~--"'--~~~~~~~~~~~~~~~~~~~~~~- for the premises known as 2018 Street Resurfacing of which Village of Itasca is the owner. The undersigned, for and in consideration of Fifty One Thousand Four Hundred Eighty Five Dollars 19/100 $51,485.19 Dollars, and other good and valuable considerations, the receipt where of is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of lliinois, relating to mechanics' liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on moneys, funds or other considerations due or to become due from the owner, on account of all labor, services, materials, fixtures, apparatus or machinery, heretofore furnished, or which may be furnished at any time hereafter, by the undersigned for the above­ described premises, INCLUDING EXTRAS.* DA TE 12/07/18 COMPANY NAME Schroeder Asphalt Services, Inc.

ADDRESS /.9- PO Bo >;~1tley , IL 60142 SIGNATURE AND TITLE r0 tlU z;}._1 ~ , Corporate Secretary *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORhlAND WRITTEN, TO THE CONTRACT.

STATE OF ILLINOIS l CONTRACTOR'S AFFIDAVIT COUNTY OF McHENRY J S.S TO WHOM IT MAY CONCERN: THE UNDERSIGNED, (NAME) Grace Foss BEING DULLY SWORN, DEPOSES

~~~~~~~~~~~~~~~~~~~~~~ AND SAYS THAT HE OR SHE IS (POSITION) Corporate Secretary OF (COMPANY NAME) Schroeder Asphalt Services, Inc. WHO IS THE CONTRACTOR FURNISHING Asphalt Paving WORK ON THE BUILDING LOCATED AT Various Locations OWNED BY Village of Itasca That the total amount of the contract including extras is $344,320.56 on which he or she has received payment of $292,835.37 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material or labor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications:

CONTRACT AMOUNT THIS BALANCE NAMES WHAT FOR PRTCE PAID PAYMENT DUE erv1ces, nc.

TOTAL LABOR AND MATERIAL INCLUDING EXTRAS* TO COMPLETE. $344,320.56 $292,835.37 $51,485.19 $0.00

That there are no other contracts for said work outstanding, and that there is nothing due or to bec~1 e due to any person for material, labor or other work of any kind done or to be done upon or in connection~id work other · t

STATE OF ILLINOIS COUNTY OF KANE } SS

9/5/2018

TO WHOM IT MAY CONCERN:

WHEREAS, we the undersigned has been employed by _ ____S.;_ C_HR_ _O_E_D_E_R_AS_P_HAL __T _ S_ER__Vl_C _ ES-'-, _IN_C~, --- -

to furnish ASPHALT

for the premises known as 2018 STREET RESURFACING

of which ______VIL__ L_A_G_E_O.;_F _ I_TASC---''-'-A______istheOwne~ THE

undersigned, for and in consideration of ______$_2_3~·~7_5_0_.3_0______Dollars

Twenty Three Thousand Seven Hundred Fifty Dollars and Thirty Cents

and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and

release any and all lien, or claim of, or right to, lien, on said above described building and premises under the

statutes of the State of Illinois, relating to Mechanics' Liens, on account of labor or materials, or both, furnished or

which may be furnished by the undersigned to or on account of the said building or premises.

COMPANYNAME ___ __AL_ L_I_E_D_A_S_P_HAL__ T___ _ _ ADDRESS _ ___ _l _l_OO_ B_RAN_ _ D_T_D_RIVE ______

HOFFMAN ESTATES, IL 60192

Given under my hand and seal this 9/5/2018

ANNA RIZZO ASSISTANT SECRETARY

SUBSCRIBED AND SWORN TO BEFORE ME THIS 5TH DAY OF ---~AU~G~U~S~T~· ~2D~1~B ______

SIGNATURE HoO~S~~ &¥J-tr=---

Official Seal ~lIrene Congdon f Notary Public State of Illinois , $My Commission Expire& OB/0712022 ~ ?,,/Vv'VVVvVV'v"•,/VVVV'V''~ WAIVER OF LIEN - PARTIAL MATERIALS OR LABOR llLLlNOIS)

STATE OF ILLINOIS

COUNTY OF KANE } SS

11/29/2018

TO WHOM IT MAY CONCERN:

WHEREAS, we the undersigned has been employed by_____ S_C_H_R_O_E_D_E_R_A _S_P_HAL__ T_S_E_R_VI_C_E_S-"-, _IN_C_ ____

to furnish ASPHALT

for the premises known as 2018 STREET RESURFACING of which ------VILLAGE OF ITASCA is the Owner. THE undersigned, for and in consideration of $45,212.07 Dollars ------~------Forty Five Thousand Two Hundred Twelve Dollars and Seven Cents

and other good and valuable considerations, the receipt whereof is hereby aclmowledged, do(es) hereby waive and

release any and all lien, or claim of, or right to, lien, on said above described building and premises under the

statutes of the State of Illinois, relating to Mechanics' Liens, on account of labor or materials, or both, furnished or

which may be furnished by the undersigned to or on account of the said building or premises.

COMPANY NAME ------ALLIED ASPHALT ADDRESS 1100 BRANDT DRIVE

HOFFMAN ESTATES, lL 60192

Given under my hand and seal this 11/29/2018

, ' J ANNA RIZZO CORPORATE CONTROLLER

SUBSCRIBED AND SWORN TO BEFORE ME THIS 29TH DAY OF NOVEMBER, 2018

SIGNATURE ~~ Notary Signature & Seal <~/,. O,A/'.•V'

STATE OF ILLINOIS

COUNTY OF KANE } SS

1/4/2019

TO WHOM IT MAY CONCERN:

WHEREAS, we the undersigned has been employed by _____S_C_H_R_O_E_D_E_R_A_S_P_HAL __ T_S_E_R_V_IC_E_S..:.., _IN_C_. _____

to furnish ASPHALT

for the premises known as 2018 STREET RESURFACING

of which VILLAGE OF ITASCA is the Owner. THE ~------undersigned, for and in consideration of $32,320.38 Dollars

Thirty Two Thousand Three Hundred Twenty Dollars and Thirty Eight Cents

and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and

release any and all lien, or claim of, or right to, lien, on said above described building and premises under the

statutes of the State of Illinois, relating to Mechanics' Liens, on account of labor or materials, or both, furnished or

which may be furnished by the undersigned to or on account of the said building or premises.

COMPANY NAME ALLIED ASPHALT ~------~ ADDRESS 1100 BRANDT DRIVE ~------~ HOFFMAN ESTATES, IL 60192

Given under my hand and seal this 1/4/2019

ANNA RIZZO CORPORATE CONTROLLER

SUBSCRIBED AND SWORN TO BEFORE ME THIS 4TH DAY OF JANUARY, 2019

.• ,/....,,/'\/"~•~\ ,,,, ..,1\ 1"\f•·., il ·I'.·""' .. ·'·.. ~· .( Off:.::i;;I;' .~ ; ;! .;' SIGNATURE NolruySigruo1"" &~ &.A.IF ~ lrenf: Cn:: ,•!· . ~ ' < Notary r:iub i:·. ~J:1 :· ... :,, :; 1w "1. \

TO WHOM IT MAY CONCERN:

WHEREAS the undersigned has been employed by Schroeder Asphalt Setvlce Inc. to furnish Gradal/ work for the premises_k_n_o_w_n_a_s______20_1_8_S_tree_ts_R_e_s_u_tfa_c_ln-=g------of which Village Of Itasca is the owner.

THE undersigned, for and in consideration of One thousand five hundred eighty and 001100 $1,580.00 Dollars, and and other good and valuable considerations, the receipt whereof Is hereby acknowledged, Clo(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics' liens, with respect to and on said above-described premises, and tile improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner. on account of all labor, services, material, fixtures, apparatus or machinery, furnished to this date by the undersigned for the above-described premises, INCLUDING EXTRAS.•

DATE: December 20, 2018 COMPANY NAME: Gradall Wotx Inc. 79 E. Blecke Ave., Addison, IL 60101 SIGNATURE AND TITLE President *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITIEN. TO THE CONTRACT. ·------coNTRActoR'~fAFFifiAvYf------· STATE OF ILLINOIS COUNTY OF TO WHOM IT MAY CONCERN: THE UNDERSIGNED, (NAME) Manuel Robles BEING DULY SWORN, DEPOSES AND SAYS THAT HE OR SHE IS (POSITION) _P._re;_;;s-'ld-'-e_nt'------OF (COMPANY NAME) Gradal/ Wotx, Inc. 79 E. Blecke Ave., Addlson,IL 60101 WHO IS THE CONTRACTOR FURNISHING -=g_ra_d_al_l_wi_orlc______W_O_R_K_O_N_T_H_E_B_U_IL_D_IN_G_ LOCATED AT _2_0_1B_S_tree-'--'-ts_R_e_s~u_tfa-'--'-cl_n~g------~ OWNED BY Village Of Itasca

That the total amount of the contract Including extras* is $1,580.00 on which he or she has received payment of prior to this payment. That all waivers are true, correct and genuine end delivered uncondnionaUy and that their is no claim either legal or equitable to defeat the validity of said waivers. That the fOllowing are the names and addresses of all parties who have furnished material or labor, or both, for said wo111 and aR parties having contracts or sub contracts for apeci!ic portions of said worfl or for material entering info ffle construcfK>n !hereof andfhe amount due or to become due to each, and that the items mentioned include all labor and material required to complete said wo111 according to plans and specifications:

f\MVVl'\ll CONTRACT PRICE THIS PAYMENT BALANCE DUE NAMES AND ADDRESSES WHAT FOR I NC~UOING EXTRAS' PAID Gradall Wotx, Inc. Gradel/ worff $15,800.00 $14,220.00 $1,580.00 $0.00

TOTAL LABOR AND MATERIAL INCLUDING EXTRAS TO COMPLETE

That there are no other contracts for said wort outstam:tlrtg, a net that there Is nothing due or ro become due ro any person J\Jr mare rial, laborer other wort or any kind done or to be done upon In connection with said work other than above stated. DATE: 1e>- /;rohx SIGNATURE SUBSCRIBED AND SWORN TO BEFORE ME THIS -"""W______.

*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT. OFFICIALS EAL JENNIFER L. GRIEBEL Notan; Pllblic- Stateof Illinois I\ ~" Commission !71mirA.<.! 4 /0~ /?M · FINAL WAIVER OF LIEN iTATE OF ILLINOIS :OUNTY OF DUPAGE Gty# Loan# ·o WHOM IT MAY CONCERN: l\IHEREAS the undersigned has been employed by Schroeder Asphalt Services, Inc.

·o Furnish Pavement Marking

=or the premises known as 2018 Street Resurfacing )f which Village of Itasca is the owner.

THE undersigned, for and in consideration of One Thousand Two Hundred Eighty Three and 47/100 ____...... ( _$_1_,2_8_3_.4_7_) Dollars, and other good and valuable considerations, the receipt whereof Is hereby acknowledged, do( es) ereby waive and release any and all lien or claim of, or right to, lien, under the statues of the state of Illinois, relating to mechanics' liens, additionally, the ndersigned hereby waives and releases any and all of the undersigned's rights and claims under the Illinois public construction bond act to the same xtent. The undersigned waives and releases any and all lien or claims of, or right to lien under the statues of Illinois relating to mechanics liens end respect >and on said above described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery fUrn lshed, and on the moneys, mds or other considerations due or become due from the owner, on account of labor, service, material, fixtures, apparatus or mach inery, heretofore furnished , or •hlch may be finished et any time hereafter, by the undersigned for the above-described premises . .ddltlonally, the undersigned hereby waives and releases any and all of the undersigned's rights and claims under ie Illinois Public Construction Bond Act to the same extent the undersigned waives and releases any and all an or claim of, or right to lien under the statutes of Illinois relating to mechanics liens. liven under M Hand ------and seal -----this llneteenth day December

- o Vario, Pres l ~en t IOTE: All waivers must be for the full amount paid. If waiver is for a corporation, corpora e name should'iie used, corporate seal affixed and title ·f officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and esignate himself as partner. CONTRACTORS AFFIDAVIT iTATE OF ILLINOIS :OUNTY OF DUPAGE

'.Q WHOM IT MAY CONCERN: THE undersigned, being duly sworn, deposes and says that she Is: _J_o_a_n_Y_a_rl_o ______>resident of the Superior Road Striping, Inc. 1ho is the contractor for the Pavement Marking work on the 1uilding located at _2_0_18_S_t_re_e_t_R_e_su_rf_a_c_ln""g------owned by Village of Itasca "hat the total amount of the contract Including extras is $12,834. 73 on which he has received payment of $11,551 .26 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there Is o claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material r labor or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering Into the onstructlon thereof and the amount due or to become due to each, and that the Items mentioned Include all labor and material required to omplete said work according to plans and specifications: Contract Amount This Balance Names What For Price Paid Payment Due iuperlor Road Striping Pavement Marking $12,834.73 $11,551.26 $1 ,283.47 0.00 111 material was taken from fully paid stock and delivered to job site In our trucks. "hat there are no other contracts for said work outstanding , and that there is nothing due or to become due to any person for material, abor or other work of any kind done or to be done upon or In connection with the said work other than stated above. "OTAL LABOR AND MATERIALS TO COMPLETE I I s12,834.73 I s11,551 .26 I $1 ,283.471 o.ool iat there are no other contracte for said work outstanding, and that there is nothing due or to become due to any person for material, labor or ther work of any kind done or to be done upon or In connection with said work other than above stated. Signed this Nineteenth day of _D_e_ce_m_b_e_r_,__~,..._--+-1,-----2018 Signature 1 r.-+-'..,_."""1....,...... ,~...... 1t-----=------iubscribed and sworn to before me this Nineteenth 18 WAIVER OF LIEN TO DATE STATE OF ILLINOIS COUNTY OF DUPAGE Gty# Loan# TO WHOM IT MAY CONCERN:

WHEREAS the undersigned has been employed by Schroeder Asphalt Services, Inc.

For the premises known as 2018 Street Resurfacing

Of which Village of Itasca is the owner.

THE undersigned, for and in consideration of Eight Thousand Twenty Four and 71/100 --'"------..:.------~

$8,024.71 Dollars and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statues of the State of Illinois, relating to mechanic' liens, with respect to and on said above described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished and on the moneys, funds or other considerations due or to become due from the owner, on account of labor services, material, fixtures apparatus or machinery, furnished to this date by the undersigned for the above described premises. Including extras. Additionally, the undersigned hereby waives and releases any and all of the undersigned's rights and claims under the Illinois Public Construction Bond Act to the same extent the undersigned waives and releases any and all lien or claim of, or right to lien under the statutes of Illinois relating to mechanics liens. Given under MY hand and seal this

Eleventh day of December Signature and Seal:

NOTE: All waivers must be for the full amount paid. If waiver is for a corporation, corpor e name shoul be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. Extras Include but are not limited to change orders, both oral and written to the contract CONTRACTORS AFFIDAVIT STATE OF ILLINOIS COUNTY OF DUPAGE TO WHOM IT MAY CONCERN: THE undersigned, being duly sworn, deposes and says that she is: _J_o_an_Y_a_ri_o ______President of the Superior Road Striping, Inc. who is the contractor for the Pavement Marking work on the building located at _2_0_18_S_tr_e_et_R_e_s_u_rf_a_ci_n.::.g ______owned by Village of Itasca That the total amount of the contract including extras is $11,350.78 on which he has received payment of $1,006.55 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material or labor or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications: Contract Amount This Balance Names What For Price Paid Payment Due Superior Road Striping Pavement Marking $11,350.78 $1,006.55 $8,024.71 $2,319.52 All material was taken from fully paid stock and delivered to job site in our trucks. That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, ,. ,.. .

Subscribed and sworn to before me this Eleventh WAIVER OF LIEN TO DATE STATE OF ILLINOIS COU~UPAGE Gty# Loan# TO WHOM IT MAY CONCERN:

WHEREAS the undersigned has been employed by Schroeder Asphalt Services, Inc.

For the premises known as 2018 Street Resurfacing

Of which Village of Itasca is the owner.

THE undersigned, for and in consideration of ....;..;.;.;....;._One Thousand______Six and 55/100 ...;...;;.______

$1,006.55 Dollars and other good and valuable considerations, the receipt whereof Is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statues of the State of Illinois, relating to mechanic' liens, with respect to and on said above described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished and on the moneys, funds or other considerations due or to become due from the owner, on account of labor services, material, fixtures apparatus or machinery, furnished to this date by the undersigned for the above described premises. Including extras. 11.ddltionally, the undersigned hereby waives and releases any and all of the undersigned's rights and claims under Iha Illinois Public Construction Bond Act to the same extent the undersigned waives and releases any and all len or claim of, or right to lien under the statutes of Illinois relating to mechanics liens. Given under MY hand and seal

Fifth day of September Signature and Seal:

\JOTE: All waivers must be for the full amount paid. If waiver is for a corporation, or Jf officer signing waiver should be set forth; if waiver is for a partnership, the pa sh ip name should be used, partner should sign and fosignate himself as partner. Extras Include but are not limited to change orders, both oral and written to the contract CONTRACTORS AFFIDAVIT STATE OF ILLINOIS :::OUNTY OF DUPAGE ro WHOM IT MAY CONCERN: THE undersigned, being duly sworn, deposes and says that she is: ..:J..:.o..:.se"'p..:.h..:.Y..:.a:;;.;n;..:·a______i/ice President of the Superior Road Striping, Inc. Nho is the contractor for the Pavement Marking work on the )Uildlng located at _2_0_18_S_tre_e_t_R_e_s_urf_a_c_ln_,,g'------'wned by Village of Itasca rhat the total amount of the contract Including extras is $11,350.78 on which he has received payment of $0.00 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is 10 claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material >r labor or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the :onstructlon thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to ·omplete said work according to plans and specifications· Contract Amount This Balance Names What For Price Paid Payment Due )uperior Road Striping Pavement Marking $11,350.78 $0.00 $1 ,006.55 $10,344.23 \II material was taken from fully paid stock and delivered to job site in our trucks. rhat there are no other contracts for said work outstanding, and that there is nothing due or to become du o any person for material, abor or other work of any kind done or to be done upon or in connection with the said work other than roTAL LABOR AND MATERIAL TO COMPLETE $11,350.78 $0.00 'hat there are no other contracts for said work outstanding, and there is nothing due or to become due to any per •ther work of any kind done or to be done upon or in connection with said work other than above stated. Signed this Fifth day of _s;;;.e;;.:;P;.:;te::..:.m;..:;b:..:e;;..r---=--+-.....,,....::;;...-.!...... , 1,.--AA>µ,;.,l-l'l1'u.i= Signature >ubscribed and swam to before me this Fifth ~------/ STATE OF ILLINOIS FINAL WAIVER OF LIEN COUNTY OF COOK }ss

TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by Schroeder Asphalt Services, Inc. ------''------~ to furnish ------storm sewer installation for the premises known as 2018 Street Resurfacing Program of which ______Village __,..______of Itasca _is the owner.

THE undersigned, for and in consideration of Three Thousand Five Hundred Dollars and No Cents ($ 3,500.00 ) Dollars, and other good and valuable considerations, the receipt whereof Is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics' liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of all labor services, material, fixtures, apparatus or machinery, heretofore furnished, or which may be furnished at any time hereafter, by the undersigned for the above-described premises, INCLUDING EXTRAS.*

DATE 12/20/2018 COMPANY NAME Galaxy Underground, Inc. --AQQRESS 9233 W. Cherry Avenue, Franklin Park, IL 60131

SIGNATURE AND TITLE \ President • Extras Include but are not limited to change orders, both oral and written, tq:_ tract.

STATE OF ILLINOIS CONTRACTOR'S AFFIDAVIT COUNTY OF COOK SS

TO WHOM IT MAY CONCERN: Theundersigned ______D_o_m_e_n_i_c_a_R_u~g~g~ie_r_i ______being duly sworn, deposes and says that he or she is ____~p.._re_s_id_e_n_t ______of Galaxy Underground, Inc. who is the co~rac~r fum~h~g _____s_to_r_m_s_e_w_e_r_i_n_~_a_l_~_t_~_n ______~~ on fue b~~~g located at ______2_0_1_8_S_t_re_e_t_R_e_s_u_rf_a_c_in__,g...._P_ro_,g.._r_a_m ______ownedby ______V_i_lla-"'g_e_o_f_lt_a_s_c_a ______

That the total amount of the contract including extras* is $ 3,500.00 on which he has received payment of $ 0.00 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and addresses of all parties who have furnished materials or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering Into the construction thereof and the amount due or to become due to each, and that the items mentioned Include all labor and materials required to complete said work according to plans and specifications:

CONTRACT PRICE NAME AND ADDRESSES WHAT FOR AMOUNT PAID THIS PAYMENT TOTAL DUE INCLDG EXTRAS• Galaxy Underground, Inc. Labor & Equipment 3,500.00 0.00 3,500.00 0.00

Total Labor And Material Including Extras* To Complete 3,500.00 0.00 3,500.00 0.00

That there are no other contracts for said work outstanding, and that there Is nothing due or to become due to any person for material, labor or other work of any kind done upon or In connection with said work other than above stated.

DATE 12/20/2018 Signature: Subscribed and sworn before me this 20th day of __J:s_ , · -v.-==o,..;..,~-e_ih_. , _ff_-=_-=_-=--=-~-· 201a Uul1an Materials Company 127171

FINAL WAIVER

TO ALL WHOM IT MAY CONCERN:

Whereas, The undersigned Vulcan Construction Materials, LLC CENTRAL DIVISION has been employed by SCHROEDER ASPHALT SERVICES to furnish STONE for the building - and premises known as 2018 STREET RESURFACING OWNER: VILLAGE OF ITASCA ITASCA, IL

Now, Therefore, the undersigned, for and in consideration of the sum of **Twelve Thousand One Hundred Seventy Five Dollars and Fifty Three Cents** ($12,175 .53) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby waive and release any and all lien or claim, or right to lien, under the statutes of the State of Illinois relating to Mechanics' Liens, with respect to and on said above-described premises, and the improvements thereon and on the materials furnished, and on the moneys, funds or other consideration due or to become due from the owner on account of materials heretofore furnished by the undersigned for the above described premises, to or on account of the said SCHROEDER ASPHALT SERVICES.

Witness our hand on this l l TH day of DECEMBER, 2018

VULCAN CONSTRUCTION MATERIALS, LLC CENTRAL DIVISION

SCHROEDER ASPHALT SERVICES 11022 S. GRANT HIGHWAY MARENGO, IL 60152

MEMO

To: Village of Itasca Mayor and Village Board

From: Scott Marquardt, Associate / Group Manager

Subject: Illinois Tollway/Illinois Department of Transportation/Village of Itasca Contract 4600 – Rohlwing Road from West Thorndale Avenue to Hamilton Parkway and Contract 4606 – Westbound I-290 to Illinois Route 390 and Park Boulevard Relocation Recommendation for Approval of Final Project Cost Letter

Date: January 22, 2019

Mayor Pruyn and Village Board,

BACKGROUND As you are well aware, the Tollway has provided opportunities for the Village to include various additional work within their construction contracts, for items desired by the Village such as pedestrian paths and decorative bridge aesthetic enhancements. The enhancements which are the subject of this memo and Tollway letter are associated with two projects; the first being Contract 4600 - the widening and reconstruction of Rohlwing Road () and the second being Contract 4606 - the construction of new ramps from WB I-290 to Illinois Route 390, including the relocation of Park Boulevard (now called Clover Ridge Lane).

HISTORY The enhancements included and completed on these particular projects which were the cost responsibility of the Village of Itasca included the following items (see attached Exhibits A and B):  4600 - Sidewalks along Rohlwing Road from North Thorndale Avenue to the Rohlwing Road bridge over Illinois Route 390  4600 - Bridge fence railing on Rohlwing Road bridge over Illinois Route 390  4606 - Architectural form leaf liner on noisewall adjacent to Clover Ridge Lane

The Village Board approved the Intergovernmental Agreement (IGA) which defined the overall project, the Village-requested enhancements, and the cost sharing allocations for those enhancements at the July 22, 2014 Village Board meeting. An addendum to this IGA is being considered for approval by a separate agenda item this evening.

All work on this construction project has been completed. The IGA included estimated costs for the project enhancements listed above, which were based upon contractor final bid price, along with estimated contract quantities. Now that construction has been completed, the Tollway has submitted final calculations of project quantities and determined the actual final construction cost, in accordance with the terms of the IGA.

I have reviewed the revised information in conjunction with Robinson Engineering and the Public Works Department and we are in agreement with the revised final quantities. With a couple exceptions, all requested enhancements were completed in accordance with the contract documents. On Contract 4600, working with the Village Public Works Department, field modifications in the construction of the

watermain replacement resulted in a net cost savings to the Village, and on Contract 4606 the Tollway shifted a portion of the retaining wall and noisewall to the subsequent 4629 contract, resulting in a cost reduction to the Village for this current project.

The original overall estimated enhancement expense based upon estimated design quantities, including design and construction engineering expenses, along with the final expenses, are summarized below:

Original Estimated Cost Final Cost Net Cost Savings Contract 4600 $118,487.84 $110,801.28 $7,686.56 Contract 4606 $16,387.50 $10,378.75 $6,008.75 TOTAL $134,875.34 $121,180.03 $13,695.31

FUNDING The original IGA contemplated the use of land acquisition credits in the amount of $161,500 for two parcels which were acquired by the Tollway

The total final enhancement expense for Contracts 4600 and 4606, as noted above, is $121,180.03. Since this amount is less than the value of land acquisition credits, the remaining difference of $40,319.97 will be carried over and applied against the enhancement expenses associated with the Devon Avenue Bridge contract 4608. Final costs for that 4608 contract were previously approved by the Village at the February 20, 2018 Village Board meeting.

ADDITIONAL ASSET IMPROVEMENTS For your reference, and due to the extent of time which has elapsed since this project began, we are also providing Exhibits C and D which show new Village infrastructure constructed by the Tollway at no expense to the Village, in conjunction with these two contracts. The quantities of utilities and roadways improved at Tollway expense are as follows:

NEW VILLAGE ASSET SIZE QUANTITY CONTRACT Ductile Iron Watermain 8” 373 Feet 4606 Ductile Iron Watermain 12” 1,295 Feet 4600 HDPE Watermain 14” 695 Feet 4600 Steel Casing for Watermain 24” 120 Feet 4600 HDPE Casing for Watermain 24” 690 Feet 4600 Fire Hydrants n/a 4 Each 4600 Fire Hydrants n/a 2 Each 4606 PVC Sanitary Sewer 12” 249 Feet 4600 PVC Sanitary Sewer 15” 742 Feet 4600 PVC Sanitary Sewer 18” 812 Feet 4606 Steel Casing for Sanitary Sewer 24” 159 Feet 4600 Steel Casing for Sanitary Sewer 30” 397 Feet 4606 PCC Sidewalk 5’ width 696 Feet 4606 PCC Sidewalk 5’ width 1,070 Feet 4600 Norwood Avenue Roadway n/a 310 Feet 4600 Reconstruction Clover Ridge Lane Roadway n/a 696 Feet 4606 Reconstruction (including lighting)

REQUESTED ACTION The Tollway is requesting that the Village approve the attached letter stating their concurrence with the final project costs associated with the enhancements which were completed as part of these two projects.

SUMMARY AND RECOMMENDATION The costs described in the attached letter are based upon actual bid prices and final completed contract quantities for the enhancement work requested by the Village of Itasca and which has been included by the Tollway in the Contract 4600 – Rohlwing Road from West Thorndale Avenue to Hamilton Parkway project and the Contract 4606 – Westbound I-290 to Illinois Route 390 and Park Boulevard Relocation project.

I recommend that the Village Board consider providing direction to respond to the Tollway that the Village of Itasca is in agreement with final project enhancements expenses included within these two contracts.

I will be in attendance at the January 22, 2019 Committee of the Whole Meeting when this is to be discussed and will be available to answer questions.

MEMO

To: Village of Itasca President and Board of Trustees

From: Scott Marquardt, Associate / Project Manager

Subject: Village / Tollway / IDOT Intergovernmental Agreement (IGA) Contract 4600/4606 Recommendation for Consideration of Approval of IGA Addendum

Date: January 22, 2019

Mayor Pruyn and Village Board of Trustees,

On July 22, 2014, the Village Board approved the original 4600/4606 IGA per Resolution 724-14. Since that time, concerns and interpretations over the delineation of maintenance responsibilities have arisen between IDOT and the Village of Itasca. The Village directed that any changes to the IGA would need to be addressed in a written addendum so as to minimize future misunderstandings, and the Illinois Tollway has taken the lead in facilitating a resolution to this issue.

After numerous correspondences and meetings, the attached version of the IGA addendum has been submitted for consideration by the Village. The Village of Itasca, in various meetings, made it very clear that they did not wish to be obligated to perform maintenance of IDOT rights-of-way along the project limits. In an attempt to address this issue, the IGA addendum has been drafted which revises the maintenance language. Described below are the key points of the IGA addendum language, followed by recommendations regarding those changes and their effects, if any, on the Village.

 Section D: o This clarifies that while the Village can perform graffiti removal and right-of-way maintenance adjacent to noisewalls, if the Village declines to perform this maintenance, the Department (IDOT) is responsible.  Section E: o This clarifies to the Village that the Department plans on minimal maintenance practices of the right-of-way areas behind noisewalls. o This grants the Village access rights to the Department right-of-way for graffiti maintenance and routine right-of-way maintenance  Section G: o The Illinois Tollway agrees to relocate a section of right-of-way fence as depicted on Exhibit B. This area (which will remain in IDOT ownership), and which is adjacent to rear yards of Clover Ridge Lane residents and the open space at the bend of Clover Ridge Lane, was open prior to Illinois Route 390 construction when the new right-of-way fence was installed. The relocation of this fence to the access control line as shown would reopen approximately 2 acres of wooded and landscaped area for passive recreation uses for the benefits of the adjacent residents. o The Village and the Clover Ridge HOA will need to work out mowing and maintenance responsibility arrangements of this area

o The relocation of this fence would provide the Village with the benefit of improved access to the area behind the Hickory Drive residences for maintenance of the 15’ strip between the new access control fence and the noisewall

SUMMARY AND RECOMMENDATION  The Village Attorney, the Village Administrator and I have been negotiating and tracking the language and changes throughout the IGA addendum submittal process.  Therefore, we recommend that the Committee of the Whole consider the IGA addendum and provide recommendations so that it can then be considered by the Village Board for final approval at a future meeting.  The resolution of this IGA addendum will then allow movement to continue on review and approval of other outstanding IGA items for other Tollway contracts.

I will be in attendance at the January 22, 2019 Committee of the Whole meeting and will be available to answer questions.

FIRST INTERGOVERNMENTAL ADDENDUM AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF TRANSPORTATION, AND THE VILLAGE OF ITASCA

This FIRST INTERGOVERNMENTAL ADDENDUM AGREEMENT (hereinafter referred to as the “FIRST ADDENDUM”) is entered into this ______day of ______, 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 VILLAGE OF ITASCA, a municipal corporation of the State of Illinois, hereinafter called the "VILLAGE", individually referred to as “PARTY”, and collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, the ILLINOIS TOLLWAY, the DEPARTMENT and the VILLAGE fully executed an Intergovernmental Agreement on September 24, 2014, (hereinafter referred to as the “AGREEMENT”), and depicted on the attached “EXHIBIT A”, associated with ILLINOIS TOLLWAY Contract I-13-4600 (C01), reconstruction/widening of Illinois Route 53 and ILLINOIS TOLLWAY Contract I-13- 4606 (C03), westbound I-290 to the Elgin O’Hare Expressway (Illinois Route 390) (hereinafter referred to as the PROJECT); and

WHEREAS, the scope of work of ILLINOIS TOLLWAY Contract I-13-4606 included the installation of noisewalls along the east side of I-290 from the Metra Railroad tracks north to the I-290/Illinois Route 390 interchange and said work was completed; and

WHEREAS, the DEPARTMENT and VILLAGE desire to further define maintenance responsibilities for the noisewalls installed under ILLINOIS TOLLWAY Contract I-13-4606 and for the DEPARTMENT owned right of way between the noisewall and DEPARTMENT right of way line facing away from I-290 (hereinafter referred to as “right of way adjacent to the noisewall”) within the limits of ILLINOIS TOLLWAY Contract I-13-4606; and

WHEREAS, the noisewalls installed as part of ILLINOIS TOLLWAY Contract I- 13-4606 include a leaf pattern formliner requested by the VILLAGE and constructed by the ILLINOIS TOLLWAY; and

WHEREAS, the PARTIES by this instrument, desire to determine and establish their respective responsibilities toward landscaping and noisewall maintenance; and

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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 FIRST ADDENDUM; and

WHEREAS, the DEPARTMENT by virtue of 605 ILCS 5/4-101 et seq. is authorized to enter into this FIRST ADDENDUM; and

WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this FIRST ADDENDUM; and

WHEREAS, a cooperative FIRST ADDENDUM is appropriate and such a FIRST ADDENDUM 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 to the revised maintenance responsibilities for the noisewalls and right of way adjacent to the noisewall as defined as part of this FIRST ADDENDUM and depicted on the attached “EXHIBIT B” and as follows:

A. All provisions contained in the original AGREEMENT that are not in conflict with this FIRST ADDENDUM shall remain in full force and effect.

B. The second, third and fourth sentences of Section VII., Paragraph B. of the AGREEMENT are hereby stricken.

C. Section VII., Paragraph E. of the AGREEMENT is hereby stricken.

D. The VILLAGE shall perform graffiti removal from the back side of noisewalls facing away from the DEPARTMENT roadways. The VILLAGE shall also perform routine maintenance of the right of way adjacent to noisewalls. In the event the VILLAGE declines to perform the maintenance as described herein, the DEPARTMENT shall be responsible as further described in Section E below. In the event a noisewall or portion thereof is replaced in the future, the VILLAGE agrees to be responsible for the incremental cost above the standard noisewall cost associated with constructing the leaf formliner as part of the noisewall replacement work subject to VILLAGE review and approval of the incremental costs prior to expenditure.

E. The DEPARTMENT agrees to maintain, or cause to maintain, the noisewalls constructed as part of ILLINOIS TOLLWAY Contract I-13-4606 in their entirety, which shall include the necessary work to maintain noisewall structural integrity, and for graffiti removal from the highway side of the noisewalls. In the event that a portion of the noisewall that contains a leaf form

2

liner imprint is damaged and/or needs repair, the VILLAGE agrees to provide the DEPARTMENT with design files including the appropriate leaf form liner. In the event the VILLAGE does not provide the DEPARTMENT with the appropriate leaf form liner design file, the DEPARTMENT will use a form liner that most closely resembles the formliner that is part of the remaining portions of the noisewall. The DEPARTMENT is responsible for routine maintenance of the DEPARTMENT right of way. Notwithstanding the foregoing, in deference to the Presidential Memorandum – Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators, and consistent with DEPARTMENT prescribed mowing practices which limits roadside mowing to the first fifteen feet of area adjacent to the roadside, the DEPARTMENT does not intend to mow the right of way adjacent to noisewalls. The DEPARTMENT shall, however, allow the VILLAGE access to DEPARTMENT right of way for performing graffiti maintenance removal from noisewalls and for performing routine maintenance of right of way adjacent to noisewalls at the VILLAGE’s discretion as described herein, on attached EXHIBIT B .

F.

G. In partnership with the ILLINOIS TOLLWAY, the DEPARTMENT agrees to comply with the special conditions set forth as part of the ILLINOIS TOLLWAY’s Elgin O’Hare Western Access Section 401/404 Clean Water Act Permit Application (LRC-2007-00802) through the United States Army Corps of Engineers (“USACE”) associated with the bioswales located within the DEPARTMENT right of way adjacent to noisewalls as depicted on EXHIBIT B. A separate Letter of Understanding between the DEPARTMENT and ILLINOIS TOLLWAY defines the maintenance responsibilities associated with the bioswales. The VILLAGE will have no involvement with maintenance of the bioswales in this location.

H. The ILLINOIS TOLLWAY agrees to relocate the right of way fence west to one-foot east of access control line as depicted on EXHIBIT B under the conditions that both the DEPARTMENT and VILLAGE agree to its relocation.

I.

J. It is understood and agreed that this is a FIRST ADDENDUM between the Village of Itasca, the Illinois Department of Transportation and the Illinois State Toll Highway Authority.

K. It is understood and agreed that this FIRST ADDENDUM 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.

3

L. It is understood and agreed by the PARTIES hereto that all provisions of the fully executed Intergovernmental Agreement of September 24, 2014, that are not in conflict with this FIRST ADDENDUM shall continue to be in force.

M. This FIRST ADDENDUM 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.

N. This FIRST ADDENDUM may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto.

O. This FIRST ADDENDUM shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns.

P. It is agreed that the laws of the State of Illinois shall apply to this FIRST ADDENDUM and that, in the event of litigation, venue shall lie in DuPage County, Illinois.

Q. The introductory recitals included at the beginning of this FIRST ADDENDUM are agreed to and incorporated into this FIRST ADDENDUM.

4

IN WITNESS THEREOF, the PARTIES have executed this FIRST ADDENDUM on the dates indicated.

THE VILLAGE OF ITASCA

By: ______Attest: ______Jeff Pruyn Mayor

Date: ______(Please Print Name)

THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION

By: ______Attest: ______Anthony Quigley, P.E. Region One Engineer

Date: ______(Please Print Name)

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY

By: ______Date: ______Elizabeth Gorman Executive Director

Approved as to Form and Constitutionality

______Robert T. Lane, Senior Assistant Attorney General, State of Illinois

5

FIRST INTERGOVERNMENTAL ADDENDUM AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF TRANSPORTATION, AND THE VILLAGE OF ITASCA

This FIRST INTERGOVERNMENTAL ADDENDUM AGREEMENT (hereinafter referred to as the “FIRST ADDENDUM”) is entered into this ______day of ______, 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 VILLAGE OF ITASCA, a municipal corporation of the State of Illinois, hereinafter called the "VILLAGE", individually referred to as “PARTY”, and collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, the ILLINOIS TOLLWAY, the DEPARTMENT and the VILLAGE fully executed an Intergovernmental Agreement on September 24, 2014, (hereinafter referred to as the “AGREEMENT”), and depicted on the attached “EXHIBIT A”, associated with ILLINOIS TOLLWAY Contract I-13-4600 (C01), reconstruction/widening of Illinois Route 53 and ILLINOIS TOLLWAY Contract I-13- 4606 (C03), westbound I-290 to the Elgin O’Hare Expressway (Illinois Route 390) (hereinafter referred to as the PROJECT); and

WHEREAS, the scope of work of ILLINOIS TOLLWAY Contract I-13-4606 included the installation of noisewalls along the east side of I-290 from the Metra Railroad tracks north to the I-290/Illinois Route 390 interchange and said work was completed; and

WHEREAS, the DEPARTMENT and VILLAGE desire to further define maintenance responsibilities for the noisewalls installed under ILLINOIS TOLLWAY Contract I-13-4606 and for the DEPARTMENT owned right of way between the noisewall and DEPARTMENT right of way line facing away from I-290 (hereinafter referred to as “right of way adjacent to the noisewall”) within the limits of ILLINOIS TOLLWAY Contract I-13-4606; and

WHEREAS, the noisewalls installed as part of ILLINOIS TOLLWAY Contract I- 13-4606 include a leaf pattern formliner requested by the VILLAGE and constructed by the ILLINOIS TOLLWAY; and

WHEREAS, the PARTIES by this instrument, desire to determine and establish their respective responsibilities toward landscaping and noisewall maintenance; and

1

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 FIRST ADDENDUM; and

WHEREAS, the DEPARTMENT by virtue of 605 ILCS 5/4-101 et seq. is authorized to enter into this FIRST ADDENDUM; and

WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this FIRST ADDENDUM; and

WHEREAS, a cooperative FIRST ADDENDUM is appropriate and such a FIRST ADDENDUM 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 to the revised maintenance responsibilities for the noisewalls and right of way adjacent to the noisewall as defined as part of this FIRST ADDENDUM and depicted on the attached “EXHIBIT B” and as follows:

A. All provisions contained in the original AGREEMENT that are not in conflict with this FIRST ADDENDUM shall remain in full force and effect.

B. The second, third and fourth sentences of Section VII., Paragraph B. of the AGREEMENT are hereby stricken.

C. Section VII., Paragraph E. of the AGREEMENT is hereby stricken.

D. The VILLAGE shall performhas the option of performing graffiti removal from Commented [JM1]: IDOT request for revision. the back side of noisewalls facing away from the DEPARTMENT roadways. The VILLAGE shall also perform have the option of performing routine Commented [JM2]: IDOT request for revision. maintenance of the right of way adjacent to noisewalls. In the event the VILLAGE declines to perform the maintenance as described herein, the DEPARTMENT shall be responsible as further described in Section E below. In the event a noisewall or portion thereof is replaced in the future, the VILLAGE agrees to be responsible for the incremental cost above the standard noisewall cost associated with constructing the leaf formliner as part of the noisewall replacement work subject to VILLAGE review and approval of the incremental costs prior to expenditure.

E. The DEPARTMENT agrees to maintain, or cause to maintain, the noisewalls constructed as part of ILLINOIS TOLLWAY Contract I-13-4606 in their entirety, which shall include the necessary work to maintain noisewall structural integrity, staining the noisewalls at the same schedule used for other

2

DEPARTMENT stained noisewalls, and for graffiti removal from both sides Commented [JM3]: IDOT request for deletion. the highway side of the noisewalls. The DEPARTMENT is responsible for Commented [JM4]: IDOT request for revision. routine maintenance of the DEPARTMENT right of way. In the event that a portion of the noisewall that contains a leaf form liner imprint is damaged and/or needs repair, the VILLAGE agrees to provide the DEPARTMENT with design files including the appropriate leaf form liner. In the event the VILLAGE does not provide the DEPARTMENT with the appropriate leaf form liner design file, the DEPARTMENT will use a form liner that most closely resembles the formliner that is part of the remaining portions of the noisewall. The DEPARTMENT is responsible for routine maintenance of the DEPARTMENT right of way. Notwithstanding the foregoing, in deference to Commented [JM5]: IDOT request to move. No change in the Presidential Memorandum – Creating a Federal Strategy to Promote the content. Health of Honey Bees and Other Pollinators, and consistent with DEPARTMENT prescribed mowing practices which limits roadside mowing to the first fifteen feet of area adjacent to the roadside, the DEPARTMENT does not intend to mow the right of way adjacent to noisewalls. The DEPARTMENT shall, however, allow the VILLAGE access to DEPARTMENT right of way for performing graffiti maintenance removal from noisewalls and for performing routine maintenance of right of way adjacent to noisewalls at the VILLAGE’s discretion as described herein, on attached EXHIBIT B .

F. The VILLAGE agrees to request a highway permit for access to DEPARTMENT right of way for maintenance that the VILLAGE has the option of performing as described as part of this FIRST ADDENDUM and depicted on EXHIBIT B. This highway permit shall be provided at no cost to the VILLAGE and permit approval shall not be unreasonably withheld. Commented [JM6]: IDOT request to eliminate. Items in this paragraph addressed in paragraph E. and Exhibit B. G. In partnership with the ILLINOIS TOLLWAY, the DEPARTMENT agrees to comply with the special conditions set forth as part of the ILLINOIS TOLLWAY’s Elgin O’Hare Western Access Section 401/404 Clean Water Act Permit Application (LRC-2007-00802) through the United States Army Corps of Engineers (“USACE”) associated with the bioswales located within the DEPARTMENT right of way adjacent to noisewalls as depicted on EXHIBIT B. A separate Letter of Understanding between the DEPARTMENT and ILLINOIS TOLLWAY defines the maintenance responsibilities associated with the bioswales. The VILLAGE will have no involvement with maintenance of the bioswales in this location.

H. The ILLINOIS TOLLWAY agrees to relocate the right of way fence west to one-foot east of access control line as depicted on EXHIBIT B under the conditions that both the DEPARTMENT and VILLAGE agree to its relocation.

I. The DEPARTMENT shall allow access to the VILLAGE through right of way fence at a location to be determined to allow for optional maintenance as described. Commented [JM7]: IDOT request to eliminate. Items in this paragraph addressed in paragraph E. and Exhibit B.

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J. It is understood and agreed that this is a FIRST ADDENDUM between the Village of Itasca, the Illinois Department of Transportation and the Illinois State Toll Highway Authority.

K. It is understood and agreed that this FIRST ADDENDUM 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.

L. It is understood and agreed by the PARTIES hereto that all provisions of the fully executed Intergovernmental Agreement of September 24, 2014, that are not in conflict with this FIRST ADDENDUM shall continue to be in force.

M. This FIRST ADDENDUM 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.

N. This FIRST ADDENDUM may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto.

O. This FIRST ADDENDUM shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns.

P. It is agreed that the laws of the State of Illinois shall apply to this FIRST ADDENDUM and that, in the event of litigation, venue shall lie in DuPage County, Illinois.

Q. The introductory recitals included at the beginning of this FIRST ADDENDUM are agreed to and incorporated into this FIRST ADDENDUM.

4

IN WITNESS THEREOF, the PARTIES have executed this FIRST ADDENDUM on the dates indicated.

THE VILLAGE OF ITASCA

By: ______Attest: ______Jeff Pruyn Mayor

Date: ______(Please Print Name)

THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION

By: ______Attest: ______Anthony Quigley, P.E. Region One Engineer

Date: ______(Please Print Name)

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY

By: ______Date: ______Elizabeth Gorman Executive Director

Approved as to Form and Constitutionality

______Robert T. Lane, Senior Assistant Attorney General, State of Illinois

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Board Meeting llem Number: 3 January 2014 Legal Department ActivityType: Resolution

lntergovernmental Agreement

Contract Number/Vendor: N/A

Description: An Intergovemmental Agreement with the Village of Itasca and the Illinois Department of Transportation

Background: As part of the Elgin-O'Hare Western Access project, the Tollway intends to reconstruct and widen Illinois Route 53 and westbound I-290 to the Elgin O'Hare Expressway (Illinois Route 390). Work includes the widening and reconstruction of Illinois Route 53 ftom West Thomdale Avenue to Hamilton Parkway, and the reconstruction of Norwood Avenue at the Illinois Route 53 intersection.

The Village ofltasca has requested that certain enhancements, including but not limited to sidewalks and upgraded sound walls, be included in the project on work performed within its jurisdiction. The Village ofltasca has agreed to pay for the requested upgrades and has also agreed to convey any necessary real estate to the Tollway.

Amount: The Village agrees to transfer two real estate parcels, (Parcels EO-1A-12- 902, and EO- 1B- 13-903) to the Tollway. The parcels are valued at $15,500 and $146,000 respectively, for a total of $161,500.

The cost to the Village of Itasca for tlre requested engineering and construction work is currently estimated at $ 141,912.31. However, final payment will be based upon the actual final costs.

The Tollway and the Village agree that the Village's estimated costs for the requested improvements are less than the cost ofthe right ofway that the Tollway is purchasing from the Village. Therefore the Village's requested improvements shall be paid for by the Tollway and a credit for the difference in the amount of $19,587.69 shall be issued to the Village. This amount shall be applied toward future anticipated construction enhancements to be requested by the Viltage ofltasca. Proiect or Annual Budqet Detail

lntergovernmental Agreemsnt - Vlllage ot ltasca and IDOT - Elgin OHarc Western Acce66

Project IGA Wthin

cost of he Agreemeni 16 lnclud€d as part of the Elgin OHare Western Access lllinois Roub 53 to Rohlr.ving Road (l-1+4600) and l-290 Flyo\€r Ramo Bridoe {l-13-4606) oroiectB consbuclion bodoet tolalino $65.2'15.837.

Diversity Proqram Detai!

lntergo\ernmental Agreernent - Village of ltasca

olo ol Vendor Gertification Committed Ethnic Group Gender

Comments: BEP Goal is not Exhibit "lti'

INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL IIIGI{WAY AUTHORJTY, TIIE TLLINOIS DEPARTMENT OF TRANSPORTATION AND lcAoo THE VILLAGE OF'ITASCA +{oo

This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this 2'h, a"v ot&pft*C€f aD,2014, by and between THE ILLINOIS STATE TOLL HIGHWAY AIJTHORITY, an instrumentality and administrative agency of the State of lllinois, hereinafter called the "ILLINOIS TOLLWAY", the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT, and TIIE VILLAGE OF ITASCA, a municipal corporation of the State of lllinois, hereinafter called the. 'VILLAGE', individually referred to as "PARTY", and collectively referred to as "PARTIES".

WITITIESSETH:

WHEREAS, the DEPARTMENT and the ILLINOIS TOLLWAY after extensivg study and analysis agreed that the Elgin O'Hare Expressway should be rehabilitated, constructed and operated as a tolled facility; and

WHEREAS, the DEPARTMENT and the ILLINOIS TOLLltrr'AY executed a Memorandum of Understanding on June 15, 2012 (hereinafter referred to as the'MOU" conceming the "Elgin O'Hare West Bypass"; and

WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, intends to improve the Elgin O'Hare Expressway, extending the expressway from its eastem terminus at Rohlwing Road Qllinois Route 53) to O'Hare International Airport (ORD) to be known in its entirety as Illinois Route 390, and constructing the Western Access connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State Tollway (I-29a) @ereinafter sometimes referred to as the Elgin O'Hare Westem Access "EOWA"), and included in multiple ILLINOIS TOLLWAY construction contract(s). The ILLINOIS TOLLWAY will implement, operate and maintain the mainline improvements as tolled facilities (hereinafter sometimes refened to as the "Toll Highway'); and

WHEREAS, certain construction contracts occur within the VILLAGE jurisdictional limits, and this AGREEMENT includes the scope of improvements for ILLINOIS TOLLWAY Contract I-13-4600 (C01), reconstruction/widening of Illinois Ronle 53 and Conhact l-13-4606 (C03), westbound l-290 to the Elgin O'Hare Expressway (Illinois Route 390). Additional construction contracts within the VILLAGE jurisdictional Iimits will be part of a fuhre AGREEMENT(s) between the VILLAGE and the ILLINOIS TOLLWAY; and

Resolution No. ?24-14 Exhibit "A" Exhibit "A"

WHEREAS, the scope of work for ILLINOIS TOLLWAY Contract I-134600 (C01) win consist of the construction ofa new grade separation sfucture carrying lllinois Route 53 over the Elgin O'Hare Expressway, the widening and reconskuction of Illinois Route 53 from West Thomdale Avenue to Hamilton Parkway, and associated roadway improvements, Earth stabilization in the forrn of a pile-supported embankment will be provided on Illinois Route 53 from Norwood Avenue to the south. Norwood Avenue will be reconstructed at the Illinois Route 53 intersection requiring West Norwood Avenue to be temporarily closed and traffic to be detoued. Portions of the eastbound and westbound frontage roads west of Illinois Route 53 will be constructed, along with the intersections at Iliinois Route 53. New haffis signals will be installed af intersections of Iilinois Route 53 with the eastbound and westbound frontage roads, Norwood Avenue and West Thomdale Avenue. The contract also includes the installation of drainage improvements, pavement markings, signing, roadway lighting and all other work necessary to complete the project; and

WHEREAS, the scope of work for ILLINOIS TOLLWAY Contract l-13-4606 (C03), westbound I-290 to the Elgin O'Hare Expressway, includes reconstructing a portion of the existing I-290 interchange at Thorndale Avenue. New directional ramps will be constructed from westbound l-290 to the proposed Elgin O'Hare Toll Highway including a new flyover ump bridge structure carrying westbound t-290 to the westbound Elgin O'Hare Expressway, and a new directional ramp from westbound I-290 to the proposed eastbound Elgin O'Hare Toll Highway. A portion of Park Boulevard will be relocated and the existing westbound I-290 to Thorndale Avenue ramp will be removed. The contract also includes drainage improvements, and the installation of retaining walls, noise walls, pavement markings, signing and roadway lighting, and all other work necessary to complete the project in accordance with the approved plans and specifications; and

WHEREAS, for purposes of this AGREEMENT, the above contracts shall *PROJECT,'; together be referred to as the and

WHEREAS, the VILLAGE requests that the ILLINOIS TOLLWAY include in its PROJECT the construction of 5 foot sidewatks along the west and east sides of Illinois Route 53 from West Thomdale Avenue to Norwood Avenue, the construction of a 5 foot sidewalk along the east side of Norwood Avenue, installation of painted fencing and associated components along both sides of the Illinois Route 53 bridge, and upgraded noise wall panels along the westbound I-290 to Park Boulevard ramp (Ramp K4), eastbound I-290 to Park Boulevard ramp (Ramp K3) (collectively, the .YILLAGE,s IMPROVEMENTS'); and

WHEREAS, the ILLINOIS TOLLWAY agrees with the VILLAGE's request to include the VILLAGE's IMPROVEMENTS in the ILLINOIS TOLLWAY's contract; and

Rcsolutiod No, 724-14 Exhibh "A" Exhibit ',A"

WHEREAS, the PROJECT will be constructed as part of multiple construction contracts within the VILLAGE jurisdictional limits, and constuction documents for many of those contracts have not yet been provided to the VILLAGE; and

WHEREAS, the ILLINOIS TOLLWAY and the VILLAGE both expressly acknowledge the need for future Intergovemmental Agreements to this AGREEMENT which will be necessary to address issues with future projects to be constructed within the VILLAGE jurisdictional limits; and

WHEREAS, the ILLINOIS TOLLWAY and VILLAGE both agree to review, approve, and enter into subsequent Intergovemmental Agreements in the same manner as the original AGREEMENT; and

WHEREAS, the VILLAGE owns, opefates and maintains water mains, storm and sanitary sewers, and public roadways (hereinafter referred to as the "FACILITIES) located in or about the area to be haversed by the PROJECT and has interests in lands and right ofway therein; and

WHEREAS, some of the existing FACILITIES may interfere with the construction of the PROJECT, and it is therefore necessary that these FACILITIES be removed, adjusted, reconstructed, prokcted or relocated to avoid that interference; and

WHEREAS, the ILLINOIS TOLLWAY, the DEPARTMENT and the VILLAGE by this instrument, desire to determine and establish. their respective responsibilities toward engineering right of way acquisition, utility reiocation, roadway improvements, construction, firnding and maintenance ofthe pROJECT; and

WHEREAS, the ILLINOIS TOLLWAY by virtue of its powers as set forth in the 'Toll Highway Act,' 605 ILCS 10/l et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, the DEPARTMENT by virtue of 605 ILCS 5/4-101 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-l-1 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, a coopemtive Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section l0 of the Illinois Constitution and the "Intergovemmental Cooperation Act", 5 ICS 220/l et seq.

NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows:

I. ENGINEERING

Resolution No. 724-14 Exhibn'A" Exhibit "A"

A. The ILLINOIS TOLLWAY agrees, at its sole expense, to perform preliminary and final design engineering, obtain necessary surveys, aad prepare the final plans and specifications for the PROJECT,

B. The DEPARTMENT and the VILLAGE shall review the plans and specifications which impact the DEPARTMENT's maintained highways and the VILLAGE's maintained FACILITIES within thirty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from the DEPARTMENT and/or the VILLAGE wirhin this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed its approval of the plans and specifications. Approval by the DEPARTMENT and/or the VILLAGE shall mean the DEPARTMENT and/or the VILLAGE agrees with all specifications in the plans pertaining to the alignment and location of the PROJECT improvements which impact the DEPARTMENT's and/ot the VILLAGEs maintained highways md FACILITIES. In the event of disapproval, the DEPARTMENT and/or the VILLAGE will detail in writing its objections to the proposed plans and retum them to the ILLINOIS TOLLWAY for review and consideration.

C. The ILLINOIS TOLLWAY, the DEPARTMENT and VILLAGE shall work cooperatively to address and resolve the review comments and objections, Any dispute concerning the plans and specilications shall be resolved in accordance with Section D( of this AGREEMENT.

D. The final approved plans and specifications for the PROJECT shall be promptly delivered to the DEPARTMENT and the VILLAGE by the ILLINOIS TOLLWAY.

E. The ILLINOIS TOLLWAY agrees to assume the overall PROJECT responsibility, iacluding assuring that all permits and approvals (U.S. Army Corps of Engineers, Illinois Departuient of Natural Resources, Metropolitan Water Reclarnation District of Greater , Kane-DuPage Soil and Water Conservation Distict, Du Page County, including but not limited to Deparhnent of Environmental Concems and Divisior of Highways, Illinois Environmental Protection Agency, erc.) 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 Iocal regulations and requirements pertainiry to work proposed for the PROJECT.

F. The DEPARTMENT and the VILLAGE shall graot and consent to any atrd all permission, rights of access (ingress and egress), and temporary use of its

Resolutior No- ?2+14 Exhibit "A" Exhibit "A"

properfy within the PROJECT limits to the ILLINOIS TOLLWAY an&or its agedts, without charge to the ILLINOIS TOLLWAY including but not limited to VILLA-O. E ory4d Parcels 900 and 901. Any permission forright of apcess andl/or teftpoffiry use of the DEPARTMENT's and/or the VILLAGE's property shall not be ureasonably withheld by the DEPARTMENT or the VILLAGE. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction engineoing inspections for and cause the PROJECT to be consbucted in accordance with the PROJECT pla:rs and specifications.

G. The ILLINOIS TOLLWAY will give notice to the VILLAGE, whenever a' modification, adjustnent, relocation, or removal of VILLAGE FACILITIES appeafir necesssry. The VILLAGE shall respond to the notice and provide information regardirig the existing FACIilTIES within twenty (20) working days of its receipt of notice from the ILLINOIS TOLLWAY.

H. If relocation of the FACILITIES is necessary, the ILLINOIS TOLLWAY will determing througb comultation with the YILLAGE Engineer, the site(s) to which the FACILITIESwiII be relocated.

The ILLINOTS TOLLWAY shall, to the satisfaction of the VILLAGE, design and conshuct the relocation sf the FACILITIES covered by this AGREEMENT. The relocation work shalt be performed by contactors under contract to the ILLINOIS TOLLWAY.

J. Prior to begiudng any work which may have an impact upon the services provided by the FACILITIES and owned by rhe VILLAGE, the ILLINOIS TOLLWAY will sub,rnit detailed plms and specifications for each removat or relocation to the VILLAGE for review, comment and approval.

K.

rnork and prepare all parcel r pennanent aiid terDpoftry)

MOU will specifically

Rdolution No. ;t24-14 Exhlbil'A" Exhibit "A"

C. The VILLAGE's existing right of way which is required for sonstruction of the PROJECT shall be, unless provided for herein, transferred to the ILLINOIS TOLLWAY and conveyed free and clear of all encumbrances.

D. The VILLAGE agrees to convey fee simple title by wananty deed to the ILLINOIS TOLLWAY for Parcels EO-LA-12-902, and EO-lB-13-903 as shown on Exhibit A.

E. The ILLINOIS iOLLWAY agrees to convey fee simple title to the VILLAGE of all the property and righr of way owned by the ILLINOIS TOLLWAY required by the VILLAGE for the maintenance and operation of the VILLAGE,s highways, without cash consideration.

F. To effectuate the transfers contemplated in Section II. C, D and E above, the ILLINOIS TOLLWAY shall provide necessary documents, including plats, Iegal descriptions and all necessary title documents to affect the hansfer ofpropedieJto the ILLINOIS TOLLWAY.

G. Prior to any transfer of real property owned by the DEpARTMENT and the VILLAGE, to advance the PROJECT and not delay any schedules, the DEPARTMENT and the VILLAGE shall grant the ILLINOIS TOLLWAy use, access, ingress, and egress necessary for the construction of the pROJECT. The DEPARTMENT and the VILLAGE shall grant the ILLINOIS TOLLWAy access and use of its property without charge and shall waive any and all surety or bonding requirements. In any event the ILLINOIS TOLLWAY, to the extent permitted by law, shall indemnifo and hold the DEpARTMENT and the VILLAGE and its employees, offrcers, directors and agenls harmless from all claims for death, injuries and damages to persons or property resulting from the negligence or intentional misconduct of the ILLINOIS TOLLWAy or its agent,s.

H. The VILLAGE shall agree to consider all variance requests submitted by property owners for setbacks or zoning deviations that are due to ILLINOIS TOLLTffAy land acquisition.

I. Parcel plats and legal descriptions for property required for ILLINOIS TOLLWAY facilities shall conform to the Illinois State Toll Highway Authority format.

III. UTILITY RELOCATION

A. The ILLINOIS TOLL1VAY agrees to provide the DEPARTMENT and the VILLAGE, as soon as they are identified, the locations (existing and proposed) of public and,/or private utility facilities within exisring DEPARTMENT and VILLAGE rights of way which require adjustment as part of the pROJECT. As part of its PROJECT engineering responsibilities, the ILLINOIS TOLLWAY shall identifi adjustments to the aforementioned existing utilities,

Resolution No. Z4-t4 Exnibit "A" Exhibit "A"

B. The ILLINOIS TOLLWAY agrees to make all rcasonable efforts to minimize the number of utility adjushnents to DEPARTMENT and VILLAGE FACILITIES in the design of the PROJECT.

C. In the event that any future work proposed by the VILLAGE results in a conflict with the ILLINOIS TOLLWAYs fiber optic cable system, the VILLAGE shall reimburse the ILLINOIS TOLLWAY for the cost to locate, mark, design, protec! adjust and/or relocate the system.

D, At all locations where the ILLINOIS TOLLWAY's infrastructure (remote trafiic microwave sensors, message signs, weather stations, weigh-in-motion sites, sigrs, roadway lighting controllers, electrical services and data comections) that are currently in place withia the PROJECT limits, none are currently, and must be adjusted due to future work proposed by the VILLAGE, the VILLAGE agrees to reimburse the ILLINOIS TOLLWAY for any and all out of pocket costs the ILLINOIS TOLLWAY may incur in causing the aforementioned infrastructure to be adjusted.

TV. CONSTRUCTION

A. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction engineering inspections and cause the PROJECT to be constructed in accordance with the PROJECT plans and specifications.

B. After award ofthe construction conkact(s), any proposed deviations from the plans and specifications that affect the VILLACE shall be submitted to the VILLAGE for approval prior to commencing such work. The VILLAGE shall review the plans and specifications which impact the VILLAGE's maintained FACILITES within thfty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from the VILLAGE within this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed its approval of the plans and specifications. Approval by the VILLAGE shall mean the VILLAGE agrees with all specificalions in the plans pertaining to the alignment and location of the PROJECT deviations which impact the VILLAGE s maintained highways and FACILITIES, In the event of disapproval, the VILLAGE will detail in writing its objections to the proposed plans and retum them to the ILLINOIS TOLLWAY for review and consideration.

C. After award ofthe construction contrac(s), any proposed deviations from the plans and specifications that affect the DEPARTMENT shall be submitted to.'the DEPARTMENT for approval prior to commenci.ng such work. The DEPARTMENT shall review the plans and specifications which impact the DEPARTMENT's maintained highways within thirty (30) calendar days of receip thereof. If the ILLINOIS TOLLWAY does not receive comments or objections

R€soluiion No.724-14 Exfiibit'A" Exhibit "A"

from the DEPARTMENT within this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed its approval of the plars and specifications. Approval by the DEPARTMENT shall mean the DEPARTMENT agrees with all specifications in the plans pertaining to the alignment and location of the PROJECT deviations which impact the DEPARTMENT's maintained highways. In the event of disapproval, the DEPARTMENT will detail in writing its objections to the proposed plans and return them to the ILLINOIS TOLLWAY for review and consideration.

D. After award of the construction conhact(s), assuming there are no proposed deviations from the plans and specifications that affect the DEPARTMENT or the VILLAGE, the ILLINOIS TOLLWAY shall provide no less than thirty (30) calendar day's written notice to the DEPARTMENT and the VILLAGE prior to commencement of work on the PROJECT.

E. The DEPARTMENT and the VILLAGE and its authorized agents shall have reasonable righrs of inspection (including pre-final and final inspection) during the progress of work included in the PROJECT that affects the DEPARTMENT's and the VILLAGE's system. The DEPARTMENT and the VILLAGE may assign personnel to pedorm inspections on behalf of the DEPARTMENT and/or the VILLAGE of all work included in the PROJECT that affects the DEPARTMENT's and the VILLAGE s system, afld will deliver written notices to- the Chief Engineer of the ILLINOTS tOl-lWay advising the ILLINOIS- TOLLWAY as to the identity of the individual(s) assigned to perform sai{ inspections. ,. F. The DEPARTMENT and/orthe VILLAGE shall immediately notifu the ILLINOIS TOLLWAY if any of said work on DEPARTMENT or VILLAGE jurisdictional facilities is found not to be in accordance with the approved plans and specifications, the ILLINOIS TOLLWAY shall cause any work not perforrned in accordance with the approved specifications to be corrected ot replaced.

G. The ILLINOIS TOLLWAY shall also promptly repair or cause to be repaired, at no cost to ihe VILLAGE, any damage to the FACILITIES and appurtenances thereto covered under this AGREEMENT attributable to constouction by or for the ILLINOIS TOLLWAY, during the period of time terminating one (l) year after all construction by or for the ILLINOIS TOLLWAY in the area of the FACILITIES has been completed; but in no case later than the expiration of the ILLINQIS TOLLWAY's contractor(s)' one (1) year Guarantee Bond.

H. Notices required to be delivered by either PARTY pu$uant to this AGREEMENT shall be delivered as indicated in Section Ix of this AGREEMENT,

Resolution No. 724-14 Exhibit "A"' Exhibit 'A''

I. The ILLINOIS TOLLWAY shall be obligated to replace the FACILITIES that it adjusts or relocates with FACILITIES of like size, capacity and materials. If the VILLAGE wishes to increase the size or capacity of the FACILITIES or to use different materials or in any other way improve the FACILITIES over those which currently exist, the VILLAGE shall notifi the ILLINOIS TOLLWAy immediately with a description of the betterments it desires and the ILLINOIS TOLLWAY wi attempt to incorporate said work into its conhact(s) for all other work to be performed. Separate bid items shall be established for said work, The VILLAGE shall pay all substantiated differential costs thereof, for such bettemrents, to the ILLINOIS TOLLWAY in accordance with Section V. G. It is agreed, however, that the use of duotile iron pipe, in lieu of asbestos cement pipe, shall not be considered betterment for purposes of this section and the VILLAGE shall not be rcquired to pay for the use of ductile iron pipe. Steel and/or HDpE casings provided for existing and relocated FACILITIES crossing under Toll Highway pavement shall not be considered betterment and the VILLAGE shall not be required to pay for the cost ofthe casings.

J. All materials and equipment installed and FACILITIES consfucred by the ILLINOIS TOLLWAY in connection with the construction of the FACILITIES under this AGREEMENT and the completed FACILITIES shall become the sole property of the VILLAGE as installed, and full legal and equitable title thereto shall be then vested in the VILLAGE, free and clear of any liens, without the requirement of auy written document of hansfer to the VILLAGE or acceptance by the VILLAGE. The ILLINOIS TOLLWAY shall grant relocation permits for eacir VILLAGE FACILITY within ILLINOIS TOLLWAY property, to provide for future accesVmaintenance.

K. The ILLINOIS TOLLWAY shdt give,ndtice to the DEpARTMENT and the VILLAGE upon completion rtf tp" an{ tgilt of all pROJECT construction work to be subsequently maintaine)il-by the DyPARTMENT and,/or the VILLAGE, and the DEPARTMENT and the VILLAGE shall make an inspection thereof not later than seven (7) calendar days after notice of 700lo completion thereof. If the DEPARTMENT and/or the VILLAGE does not perform a Iinal inspeetkm.yithin fifteen (i5) calendar days after receiving notice of completion df 1OOX lf att PROJECT construction work or other inspection arangements are tro*gfE6d-to by the parties hereto, the PROJECT shall be deemed accepted by the DEPARTMENi and/or the VILLAGE. At the request of the DEpARTMENT and/or the VILLAGE, the ILLINOIS TOLLS/Ay,s representative shall join in on such inspection. In the event said inspections disclose work tlnt does not confoul to the approved final plans and specifications, the DEpARTMENT,s or the' VILLAGE'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 identiffig 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 VILLAGE shall perform such joint re-inspections

REsolution No. ?24-14 Exhibit'A' Exhibit "A"

within ten (10) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied.

L. The ILLINOIS TOLLWAY shall have the right, in its sole judgment and discretion, to cancel or alter any or all portions of the work, except as referenced in Section IV B, 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 Illinois TOLLWAY supplemental specifications to the Illinois Department of rransportation standard Specifications for Road and Bridge Construction, adopted January 1,2012, issued in March 2014 or the applicable version of the ILLINOIS TOLLWAY Standard or Supplemental Specifi cations.

M. The conhactor(s) use of VILLAGE water will follow VILLAGE hydrant metering procedures, and that water will be supplied at normal supply cost.

N. As-built drawings of utility relocatiors performed by the ILLINOIS TOLLWAY shall be provided to the VILLAGE, in both paper format and electonically, within sixty (60) calendar days after completion of the work. 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. The VILLAGE agrees to convey property owned by the VILLAGE and necessary for the constuction of the PROJECT in accordance with the approved plans and specifications. The VILLAGE shall transfer the property in accordance with Section II of this AGREEMENT. The VILLAGE,s conveyance is 2 parcels, (Parcels EO-1A-12-902, and EO-18-13-903) as shown on Exhibit A. The parcel compensatiorn are valued at $JJJg0 and $146,000 respectively, for a total of $161,500. n B. If at any time in order to avoid interference with fuhue construction, operation or maintenance of the PROJECT, the ILLINOIS TOLLWAy shall deem it necessary that any of the FACILITIES of the VILLAGE, including those previously removed or relocated pursuant to this AGREEMEN! be modified, reiocated or removed, the ILLINOIS TOLLWAY shall be allowed to relocate or remove said FACILITIES after prior reasonable advaace notice and such future removal and relocation work shall be govemed by the provisions set forth in this AGREEMENT, including, without limitation, the provisions with respect to the VILLAGE approval of location, of the specifications, and of the completed work.

c. It is mutually agreed by the PARTIES herero that preliminary and design engineering costs shall be computed as 5% of the actual conskuction costs and that construction engineering shall be computed as l0%o of actual final construction costs.

Rssolulion N0,724-14 Exhibit "A" Exhibit 'A"

D. It is mutually agreed that the VILLACE will be responsible for the VILLAGE's IMPROVEMENTS which the estimated construction costs are itemized as follows:

l. The construction ofa 5 foot sidewalk on the west and east sides of Illinois Route 53 from West Thomdale Avenue to Norwood Avenue - fi32,454,

2. The aonstruction of a sidewalk along the east side of Norwood Avenue - $16.758.90. -:---- 3 . The addition of painted fencing and associated accessories along both sides of the Illinois Route 53 Bridge including a surplus of 50 feet to be furnished to the VILLAGE for storage - $53,820.

4. The addition of en}anced noise wall panels adjacent to Park Boulevard, along the westbound I-290 to Park Boulevard ramp (R amp K4) to Eastbound I-290 to park Boulevard ramp (Ramp K3) - $t4f:L

E. For purposes of thiyAGREEMENI it is mutually agreed by the pARTIES hereto that the cost to tHe VILLAGE for the subject of this AGREEMENT only is estimated at $117,282.90 for consrruction costs, $5,864,15 (5% of construction costs) for preliminary and design engineering, $11,729.29 ( 10lo-o+eoi(Auqion costs) for construction engineering, for a total estimated cost d$134,87534>\

F. The PARTIES agree that subsequent agreements will be required for future ILLINOIS TOLLWAY contracts in reference to the EOWA. The ILLINOIS TOLLWAY and the VILLAGE agree that the VILLAGE's estimated costs for tle VILLAGE's IMPROVEMENTS as stated in this AGREEMENT are less than the cost of the right of way the ILLINOIS TOLLWAY is purchasing ftom the VILLAGE. Therefore the VILI.AGE,s IMPROVEI\@IS shall be paid for by the ILLINOIS TOLLWAY and-aGEiisfrail-Edffied in the-amount of $26,624.66 to the VILLAGE's cost responsibility for the requested VILLAGE's IMPROVEMENTS on the Devon Avenue Bridge over I-290. AII payments shall be based upon actual final costs.

G. It is fi.rther agreed that notwithstanding the estimated cost, the VILLAGE shalt be respoosible for the actual costs associated with the requested VILLAGE,s IMPROVEMENTS described in the Recital section of this AGREEMENT.

H. The VILLAGE, the DEPARTMENT or the ILLINOIS TOLLWAY may request, after the construction contract(s) are let by the ILLINOIS TOLLWAY, that suppleme:rtal work that increases the total costs of the PROJECT or more cosfly 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

Resolution No. 724- 14 Exhibit'A" Exhibit "A'

consfruction 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 fi.rll.

L The VILLAGE shall have the ability to request reduction of or elimination from the PROJECT of those enhancement improvements, VILLAGE's IMPROVEMENTS, which would have been VILLAGE responsibility for payment, in the event the contract bid prices are substantially higher than those contained in the engineers estimale or subject to VILLAGE budgetary constraints. The VILLAGE shall be responsible for costs incurred for those items that would have been VILLAGE responsibility prior to providing notice for the reduction or elimination of said items.

YI. MAINTENAIYCE. DET'IMTIONS

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 VILLAGE.

B. The term "local road" refers to any highway, road or skeet under the jurisdiction of the DEPARTMENT and/orthe VILLAGE.

C. As used herein, the temrs "maintenance" or "maintain" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section VIII, MAINTENANCE - RESPONSIBILITIES, other activities as more specifically set forth in the following subparts of this Section VII. Maintenance includes but is not limited to:

l. "Routine maintenance" refers to the day to day pavement maintenance, pothole repair, mti-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. "Signal maintenance" refers to ali aspects of installation, repair, replacement, timing, and operation of traffic sigrrals, including sigDal loops, signal supports or bases, interconnects to Ramp Queue Detection Waming Systems and power, but shall not include permanently installed variable message signs or temporary signals or signs relating to construction or repair projects,

3. "Lighting maintenance" refers to all aspects of installatiorl repair, replacement and operation of roadway lighting including power, but shall not include temporary lighting relating to construction or repair projects.

R€solution No. 724-14 Exhibit *A' Exhibit 'A"

4. 'iEmergency 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 imminenl 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 tenorism.

D. The term "drainage facilities" refers to both open and enclosed systems. The term "drainage shuctures" refers to enclosed systems onlS and includes those elements of the &ainage facility affixed to the bridge supemtructures downstream from the scupper.

E. The terms "noti&", "give notice" and "notification" refer to written, verbal or digital mmmunication &om one PARTY to another concerning a matter covered by this AGREEMENT, for which the pARTy tansmitring the communication produces and retains a record which substantiates the content, date, timg manner of commrmication, identification of sender and recipient, and manner in which the recipient may respond to the sender, as to the communication.

F. The terms "be responsible for" or "responsibility" refer to the obligation to ensure performance of a duty or provision of a service under this AGREEMENT, provided, that a PARTY may arrange for aotual 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 term "grade separation structure,' refers to all structural elements betw.een the abutrnents of a bridge carrying one roadway over another, unless otherwise specilied.

H. These are four (4) types of bridge structures that intersect the ILLINOIS TOLLWAY rights of way:

l. Type l. An intersectioa where a grade separation sfuchrre 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.

Resolution No. 724-14 Exhibit'A" Exhibit "A"

4. Type 4. An intersection where a grade separation structue has been constructed to carry the local road over another local road and the toll highway.

VII. MAINTENAI{CE - RESPONSIBILITIES

A. It is understood and agreed by the PARTIES that the ILLINOIS TOLLWAy shalt retain jurisdiction and maintenance responsibilities for the Elgin O'Hare Western Access in its entirety and the VILLAGE shall retain jurisdiction and maitrtenance responsibilities for, within the conrracts applicable to this AGREEMENT, Norwood Avenue and Park Boulevard, in their entirety.

B. The VILLAGE also agrees to maintain, or cause to maintain, aIMLLAGE FACILITIES built as part of the PROJECT, including all sidewalks, bike paths, not located on new grade separation structure carrying Illinois Route 53 over the Elgin O'Hare Expresswan water mains and sanitary sewers and their appurtenances, all roadway lighting systems installed or improved as part of the PROJECT on Park Boulevard, the VILLAGE,s IMpROVEMENTS, or any additional work the ILLINOIS TOLLWAY is including in the PROJECT for the VILLAGE at their request, in its entirety. The VILLAGE has the option of performing the routine maintenance of the accent noise wall panels (leaf form Iiner) from the fught of Way line up to and inoluding the backside of the accent noise wall panels facing away from the DEPARTMENT roadway. ln the event the VILLAGE declines to perform the routine maintenance as described herein, the DEPARTMENT shall be responsible for the backside of the accent noise wall panels as described above. Routine maintenance shall include the removal of any graffiti, garbage and./or undesirable vegetation. The VILLAGE agrees to be responsible for the maintenance of the landscape barrier located between the backside of rhe accent noise walls and the Right of Way line,

C, The ILLINOIS TOLLWAY agrees to be responsible for 100% of the relocation and/or new installation costs for emergency vehicle pre-emption @VP). Maintenance of any and all EVP shall be addressed in separate agrcements by the VILLAGE as necessary.

D. The DEPARTMENT agrees to maintain, or cause to maintain Illinois Route 53, and any and all fences, walls or appurtenances built to separate vehicular taffic from pedestrian/bike tafiic, the pile supported embankment struchre south of Illinois Route 53, all traffic signals along Illinois Route 53, including at the eastbound frontage road, westbound frontage road, Norwood Avenue and West Thomdale Avenue, roadway lighting on Illinois Route 53 and the hansitional roadway lighting on Norwood Avenue, drainage along Illinois Route 53, the newly built ramps carrying westbound I-290 to the proposed Elgin O'Hare Toll Highway, and carrying westbound l-290 to the proposed eastbound Elgin O'Hare Toll Highway, noise walls and retaining walls, and I-290 in its entirety.

Resotulion No- 72+14 Exhibit'4" E. The DEPARTMENT shall also be responsible for the skuctural integrity of the noise accent walls located on DEPARTMENT right of way, in their entireties as well as routine maintenance of the front side of the noise accent waII facing DEPARTMENT roadways. In the event a portion of the noise accent wall that contains a leaf form liner imprint gets damaged and/or needs repar, the VILLAGE agrees to provide the DEPARTMENT with the appropriate leaf form liner. In the event the VILLAGE does not provide the DEPARTMENT with the appropriate leaf form liner, the DEPARTMENT will use a form liner that most closely resembles the remaining portions of the wall.

F. Upon acceptance by the DEPARTMENT of the toaffic signal work included herein, the responsibility for maintenance and energy shall continue to be as outlined in the Master Agreement executed by the DEPARTMENT and the VILLAGE on May 2,2012.

G. The bridge improvements being constructed under this AGREEMENT are of the following types as described in Section VI, Paragraph H above and involve the following roadway(s)t

Type of Bridge Structure Affected Roadway

Type 2 Illinois Route 53

Type 4 I-290, the Elgin O'Hare and Ramp G5

l. Type 2 - DEPARTMENT Roadway over ILLINOIS TOLLWAY Righr 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 pavemeflt, curb and gutter, shoulders, sidewalks, guardrail, approach slabs, and approach embankments outside access conhol fences and bridge railings, railing on top of the jersey barriers, and any and all fences, walls or appurtenaflces built to separate vehicular traffic from pedesaian/bike traffic. In the event that the decorative fence located on the bridge grade separation structue carrying lllinois Route 53 over the Elgin O'Hare Expressway is damaged and/or needs repair, the DEPARTMENT shall contact the VILLAGE for the appropriate decorative material. In the event the VILLAGE does not supply the DEPARTMENT with the appropriate decorative fence material, the DEpARTMENT shall utilize DEPARTMENT standard fenoing material for the repair.

Resolution No, 724-14 Exhibit "A" t5 Exhibit "A"

ii, The following portions ofthe grade elevation structure:

r The wearing surface;

r The deck, below the wearing surface and above the stuctwal beams including expansion joints, parapet walls, raiiings, etc.;

. Drainage facilities above struchtrai beams and girders;

r All lighting along DEPARTMENT routes, except underpass;

r All DEPARTMENT signals and signs;

. To the extent trot addressed in other intergovemmental agreements to which the DEPARTMENT is a PARTY, any facilities designed for traffio other than motor vehicles, such as bicycle or pedestrian paths or lanes;

r 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;

ii. All fences along ILLINOIS TOLLWAY routes, except overpass fencing installed to separate pedestrians, bicycles and non-vehicular ttaffrc from highway traffic;

iii. All bridge deck downspouts, ftom 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.

Type 4 - DEPARTMENT Roadway over the DEPARTMENT Roadway and the Toll Highway.

a. The DEPARTMENT has all maintenance responsibility of the entire roadway and structue, which includes but is not limited to the foliowing:

Resolution No.724-t4 Exhibit "A" 16 Exhibit "A"

i. All DEPARTMENT right of way, highway roadways, guardrail and other protective devices, pier protective struchues or devices, roadway slopes and shoulders, including but not limited to the portions thereof underneath the grade separation structure;

ii. All drainage facilities on DEPARTMENT highways, except for drainage structures under Toll Highway ramps;

iii. All lighting on rhe DEpARTMENT right of way which drain DEPARTMENT highway facilities, except such facilities installed by the ILLINOIS TOLLWAY on DEPARTMENT property for rhe purpose of carrying exclusively Toll Highway drainage;

iv. All underpass lighting;

v. All DEPARTMENT traffic signals;

vi. The DEPARTMENT has all maintenance responsibility as to all remaining portions of the DEPARTMENT right of way at an intersection not maintained by the DEPARTMENT, as set forth herein, including but not limited to the entire grade separation structure, drainage facilities, bridge slope walls and embankments within DEPARTMENT access control fencing, and fences.

3. The PARTIES agree that rhe ILLINOIS TOLLWAY reserves the exclusive right to review and approve the following:

a. Any and aII signage affixed to the grade separation structure or placed on ILLINOIS TOLLWAY righr of way;

b. The permitting of any and all loads traversing a grade separation structure over the ILLINOIS TOLLWAY that exceed the limits set forth in 92 Illinois Administrative Code 554, Subchapter f, Subpart F, Section 554.604 (Practical Maximum Weights);

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);

Restriction of load limits for the grade separation structurc, in the event bridge conditions so warant, provided that the ILLINOIS TOLLWAY will consult with the DEPARTMENT as to the bridge conditions which warrant zuch reshictions;

R€solution No- 724-14 Exhibit'A" Exhibit 'A"

e. Closure of lanes of traffrc on the grade separation structure, for a repair or replacement project or in the event bridge conditions so warrant, provided thAt thc ILLINOIS TOLLWAY WiII CONSUIT With thE DEPARTMENT before such closure.

H. 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 perforrnance of DEPARTMENT maintenance obligations under this AGREEMENT, the DEPARTMENT may make such attachment or placement after consultation with the ILLINOIS TOLLWAY.

I. In the event that one PARTY observes that emergency maintenance is needed, then the observing PARTY shall immediately notifr the orher of the observed condition, the nature of the immediate need, and a general description of the measues 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 appty generally to govemmental 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.

J. In the event that either PARTY places, on the grade separation structure or on rhe right of way of the other, appurtenances such as architectural enhancements, "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.

K. 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 TolI Highway ijnot unnecessarily delayed or allowed to back up to the extent that it would impact Toll Highway mainline trafEc. The DEPARTMENT consents when required to the future interconnection of a Ramp eueue Detection/Waming System installed on TolI Highway exit ramps to both the temporary and permanent traffic signal system and will program the traffic signal option to negate any exiting trafific from urmecessarily backing up onto ILLINOIS TOLLWAy mainline pavement.

Resolution No. 724-14 Exhibit'i{" l8 Exhibit "A"

L. The PARTIES agree that each pARTy has the duty to perform such regular inspections, surveys and reviews as are reasonably necessary to fulfill *reir respective obligations under this AGREEMENT.

M. In the event the VILLAGE fails to maintain the FACILITIES located on ILLINOIS roLLwAY property after having been given a reasonable time to act, and the ILLINOIS TOLLWAY is required to maintain such FACILITIES to p_rotect the integrity of the ILLINOIS TOLLWAy's properly from imminent danger, the VILLAGE agrees to reimburse the ILLINOIS TOLLWAy for the cost of the emergency maintenance plus l0% for overhead within thirty (30) calendar days of receipt of an invoice from the ILLINOIS TOLLWAY.

VIII. ADDITIONAL MAINTENANCE PROVISIONS

A. It is understood and agreed by the PARTIES hereto that ttris AGREEMENT shall supersede any and all earlier Agreements entered into by the pARTIES hereto regarding maintenance of VILLAGE highways, DEPARTMENT highways and Toll Highway facilities within the limits of this PROJECT,

B' During construction, the vILLAGE and./or the DEPARTMENT shall continue to maintain all portiors of the pROJECT within the VILLAGE s and/or DEPARTMENT's right of way that are not to be improved or maintained by the construction contractor(s) pursuant to the approved plans and specifications, and the ILLINOIS TOLLWAY shall continue to mainiain all portions of rhe Toll Highway that are not required to be maintained by the construction contractor(s).

C. All items of construction which are slipulated in this AGREEMENT to be maintained by the VILLAGE and/or the DEpARTMENT shall, upon completion of_ construction, completion of all punch list items, and final inspectiorl ie the sole maintenance responsibility of the VILLAGE and/or ttre DEpARTMENT, and all items of consauction which are stipulated in this AGREEMENT to be maintained by the ILLINOIS roLLwAy shall, upon completion of construction, be the sole maintenance responsibility of the ILLINOIS TOLLWAY.

D. The VILLAGE, 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 ofthe other pARTIES.

E. Nothing herein is intended to prevent or preclude the VILLAGE, 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.

Resohion No, 724-14 Exhibit "A" Exhibit 'A'

F. The DEPARTMENT agrees to allow the ILLINOIS TOLLWAY ro review and will consider comments on major roadway access issues along Illinois Route 53 or I-290 &at arise within one half (l/2) mile from the centerline of the Elgin O'Hare Toll Highway. All access contool shall be addressed for the mutual benefit of the DEPARTMENT and the ILLINOIS TOLLWAY in an effort to maintain free traffrc moveme[t at points of intersection. The DEpARTMENT and the ILLINOIS TOLLWAY encourage private sector funding of regional collector/distibutor roadways to minimize tltoughway trafEc impacts. For those sections where access conuol has been purchased by the ILLINOIS TOLLWAY, the ILLINOIS TOLLV/AY 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 53,

G. 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.

H. Except for emergency repairs, which may be with concurrent notification to the ILLINOIS TOLLWAY, such access shall only be with the prior approval of the ILLINOIS TOLLWAY and by properly issued Permi! which shall provide, among other things, for notice to the ILLINOIS TOLLWAY prior to e ry, proper protection of trafrc, the VILLAGE to hold the ILLINOIS TOLLWAy and its Directors and employees harmless from any claims for property damage or personal injury arising from the VILLAGE'S activities on ILLINOIS TOLLWAY property and that the VILLAGE shall be responsible for any damages to ILLINOIS TOLLWAY properry caused by ttle VILLAGE.

IX. GEI{ERAL PROYISIONS

A. It is understood and agreed that this is an AGREEMENT between the Village of Itasca (VILLAGE), the Illinois Deparrmert of Transportation (DEPARTMENT) and the Illinois State Toll Highway Authority (ILLINOIS TOLLWAY).

B. It is understood and agreed that this AGR-EEMENT 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 conceming such subject matter.

C. Wherever in this AGREEMENI approval or review by the VILLAGE, the DEPARTMENT or the ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld.

Resolution No. 724-14 Exhibit'A" Exhibit "A"

D. 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.

E. In the event of a dispute between the VILLAGE and the ILLINOIS TOLLWAY 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 VILLAGE,s Engineer of the VILLAGE shall meet and resolve the issue.

F. The descriptive headings of various sections of this AGREEMENT are inserted for convenience only and shall not conhol or affect the meaning or construction of any of the provisions hereof.

G. 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.

H. Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is 36-6005935 and it is doing business as a govemmental entity, whose mailing address is Village of ltasc4 550 West kving Park Road, Itasca, Illinois 60143.

I. This AGREEMENT may only be modified by written modification executed by duly authorized representatives ofthe PARTIES hereto.

J. This AGREEMENT and the covenants contained herein shall become null and void in the event the contract covering the construction work contempiated herein is not awarded within three (3) years subsequent to the date of execution of this AGREEMENT.

This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and lheir respective successors and approved assigns.

L. The failure by the ILLINOIS TOLLWAY or the VILLAGE 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, terrns, conditions, rights aud remedies. No provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY or the VILLAGE unless such provision is waived in writing.

R6olution No. 724-14 Exhibit "A" Exhibit "A"

M. 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.

N. AII written reports, notices and other commrmications related to this AGREEMENT shall be in writing and shall be personally delivered, mailed via certified mail, ovemight 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 605i5 Attn: Chief Engineer

To the DEPARTMENT: The Illinois Deparnnent of Transportation 201 W, Center Court Schaumburg Illinois 601 96 Attnl Deputy Director/Region One Engineer

To the VILLAGE: The Village of Itasca 550 West kving Park Road Itasca, Illinois 60143 Attn: Village Administmtor

O. The VILLAGE certifies that it is not barred from being awarded a conhact under 30 ILCS 500/50-10. Section 50-10 prohibits a contractor from entering into a contract with a State agency ifthe contractor has been convicted of a felony and 5 years have not passed fiom the completion of the sentence for that felony. The contactor further acknowledges that the chief procurement officer may declare the related contract void ifthis certification is false.

P. The VILLAGE and the DEPARTMENT 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 tle VILLAGE under the AGREEMENT for a minimum of three (3) years from the last action on the AGREEMENT. The VILLAGE and the DEPARTMENT further agree to cooperate fully with any audit and to make its books and records, within its custody or control available to the linois Attomey General, the Illinois Auditor General, the ILLINOIS TOLLWAY Inspector General, the ILLINOIS TOLLWAY Deparhnent of Internal Audit, the ILLINOIS TOLLWAY or any other govemmental agency or agent thereof that is authorized to audit or inspect such books and records.

Q. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT.

Resolution No, 724-14 Exhibir "A" Exhibit'A

IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated.

TIIE VILLAGE OT'ITASCA

Attest: *=>*-Z f-r""u l;zzase doz* @lease Print Name)

THE STATE OT'ILINOIS DEPARTMENT OF TRANSPORTATION ,r' ,// By: Attest: (M.- Jold A. Forfrnann, P.E. ---U Deputy Director/Region One Engineer *3 6 1c d(" ,.r-./ (Please Print Name) Date: 1-ZS-/+

ILLINOIS STATE TOLL IIIG}TWAY AUTIIORITY "^",{rr/r{

Approved to Form and Constitutionality

Robert T. Attomey General, State of Illinois

JMR_lGA_ltascdDOT_EOWA. docx Departrnent Ageement Number JN-l l4-540

Rcsolutior No. 724-14 Exhibii'4" J \ I REsolrrrroN No.724-14 n0t,/^t( A RESoLUTToN AUTHoRIZINc EXECUTToN orAr{ V 1 INTERGOVERJ\MENTAL AGREEMENT BETWEEN TIIE ILLINOIS STATE TOLL HIGITWAY AUTI{ORIIY, TIIE TLLINOIS DEPARTMENT OT'TRANSPORTATION AND TIIE VILLAGE OT'ITASCA

WHEREAS, the Village of Itasca wishes to enter into an Intergovemmental Agreemelrt between the lllinois state Toll Highway Authority, the Illinois Departunent of rransportation,

and the village of Itasca, attached hereto as Exhibit A and incorporated herein by reference, in relation to the construction and work of the new Elgin O'Hare Expressway; and

WHEREAS, the parties are authorized to enter into this Intergovemmental Agreement

pwsuant to the provisions ofArticle VII, Section 10, ofthe Illinois Constitution and pursuant to

the Intergovemmental Cooperation Act, 5 ILCS 20011 et seq.

NOW, THEREFORE, BE IT RESOLVED by the Village President and the Board of

Trustees of the Viilage of ltasc4 DuPage County, Illinois, as follows:

SECTION ONE: The corporate authorities of the Village ofltasca hereby approve the Intergovernmental Agreement, Exhibit A, between the Illinois State Toll Highway Authority, the Illinois Departrnent of Transportration and the Village of Itasca.

SECTION TWO: The Village Presiden! or his designee, is hereby authorized to sign and execute Exhibit A on behalf ofthe Village.

SECTION THREE: SEVERABILITY. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution.

SECTION FOUR: REPEAL OF PRIOR RESOLUTIONS. All prior Resolutions and

Ordinances in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.

Resolution No. 724-14 o\-J

SECTION F[VE: EFFECTIVE DATE. This Resolution shall be in effect immediatety AV following its passage and approval. Ul^

AYES: Trustees Hower- Leahv- Aiani and Mavor Prrrvn

NAYS: Tr.ustees Hadaras. Latoria and Santorsola

ABSENT: None

ABSTAIN: None

APPROVED and ADOPTED by the Village President and Board of Trustees of the

Village of ltasca thi5 22nd day sf July,2014.

APPROVED:

Resolution No. 724-14 t/23/t4 6.3/3

RESOLUTION NO. 20230

Background

Authority ,.rolrway,,) (sometimes referred to as ts rnrefesredIi:l'"'::::t^,::: rn entering Io]llichw3y into an Intergovernmentar Agreement with the vilrage of ltasca (sometimes referred to * tt-. "viii";;i*iir,. Ilrinois Department Transporration' of The Torwav. intends to dp.;;;l construcr *ri rr!ii-o,n*" western-Access project which includes m"".."rrt r"tion and widening of Iilinois Route 53' The virlage of Itasca t * r"qu".t.Jtr,"i.".tuin enhancements, including but not limited to sidewalksana upgraaea,o*J*uir, U" ln"frO"Jli *;;rj* on the work performed within its ju"risai.tion. Conurrsely, the Tollway has requested vilrage lhat the convey two rear estate parcels io tt ro,*"y *Iirn necessary for the project. *" The-cost to the Village for the requestJ" ;#m;;; wo.rk is currently estimated at $141,912.31. Ih;r"l* of the two parcels the village has agreed to convey_to ttre'roxway rotur s]'ir,soo. To the extent the actual construction costs u.e ress than the r'.r"" rear estate, flr.-i"ri*"y mr ,.t to ward "rttr" j: tuture ;;'[ il*"y req uest ihat the r o,i ay ;:51# ;Tfl ;". ; ru,,, "*.

Resolution

The General counsel and the chiefofEngineering are hereby authorized to enter into an Intergovernmental agreemenrwitfi,rr. vifiil. of Itasca and the Illinois Departrnent of rransportation in.substantially the foln of the rntergovemmentar Agreement attached to this Resorution ,"J flr" i:i"i*an or the Executiye Direcror is hereby authorized and directed a .*..J.-ri"-roiogovemmental Agreement.

Approved by: {2,/- @fr PRAIRIE CIR Itasca Elgin O’Hare Western Access

Itasca

CLOVER RIDGE LN LEGEND Bioswale *

WILLOW ST Noise Wall (IDOT) Itasca Fence

4606 Relocated Fence (Approximate) ** Contract Limits x Fence to be Removed Access Control IDOT ROW Fence to be removed follows IDOT ROW limits IDOT Maintenenace Village of Itasca Routine (IDOT ROW limits to remain as is) Maintenance within IDOT ROW Project Improvements

STREET NAME Fence follows Jurisdiction IDOT ROW limits

* To satisfy conditions within the Illinois Tollway EOWA/USACE 404 Permit (LRC-2007-00802), the Illinois Tollway is responsible for the maintenance of all BMP s for three years including those that are the jurisdiction of others and on other s ROW. After three year period, the maintenance becomes the responsibility of IDOT. Fence follows ** Relocated fence follows IDOT Access Control Limits IDOT ROW limits

290 4606 Contract O’Hare Limits Airport

_4606_4629\Contract_4606_4629_gray2.mxd ENEUMANN 8/9/2018 1:26:45 PM Bioswale Salt Creek 7 Fence to be relocated to Bioswale Salt Creek 8 IDOT Access Control Limits Bioswale Salt Creek 9 Bioswale Salt Creek 10 Bioswale Salt Creek 11 IDOT Maintenance 15’ along I-290 roadside

BMP Maintenance BMP 0 125 250 500 Tollway Temporary Tollway Feet

Exhibit B

Elgin O’Hare Western Access Contract 4600/4606 First Addendum Map Path: \\CHIFPP01\Proj\ISTHA\439327_DCM\GIS\MapDocs\IGA\Project B1\Contract \\CHIFPP01\Proj\ISTHA\439327_DCM\GIS\MapDocs\IGA\Project Path:

MEMO

To: Village of Itasca Mayor and Village Board

From: Scott Marquardt, Associate / Group Manager

Subject: Village of Itasca/Illinois Tollway/Illinois Department of Transportation DuPage County/Addison Township Intergovernmental Agreement Recommendation for Consideration of Approval of IGA for Contract 4629

Date: January 22, 2019

Mayor Pruyn and Village Board,

Attached to this memorandum is the fifth Intergovernmental Agreement (IGA) regarding the Elgin O’Hare Project for your consideration for approval. Attached also is an exhibit showing location of enhancements being included at the request of and funded by the Village.

IGA SCOPE  This IGA includes improvements associated with Tollway Contract 4629 – the construction of Illinois Route 390 from west of Park Boulevard to east of Arlington Heights Road. This contract also included the construction of new Illinois Route 390 bridges over Hamilton Lakes Drive and Arlington Heights Road, improvements to Clover Ridge Lane, Hamilton Lakes Drive, South Thorndale Avenue, Arlington Heights Road, Ketter Drive, and Parkside Avenue  This contract was awarded by the Illinois Tollway in June 2015 and construction was substantially completed in December 2017.

SUBMITTAL HISTORY  The Tollway submitted the first draft of the IGA on May 8, 2015.  Numerous subsequent submittals were made again between August 2015 and August 2018.  Due to previous issues raised regarding the 4600/4606 IGA and maintenance jurisdictional concerns, the Village had requested an addendum to that IGA. Per prior direction of the Village, the Village indicated that it was not going to consider approval of any additional IGA’s until the 4600/4606 IGA addendum issue was resolved. The 4600/4606 IGA addendum was considered under a separate agenda item earlier this evening, and now that this has been addressed and recommended for approval the Village may be included to now move forward on consideration and approval of additional IGA’s.  The version of the 4629 IGA now being considered at the January 22, 2019 Committee of the Whole meeting was submitted on August 14, 2018.

RELATED FINANCIAL CONSIDERATIONS  This IGA includes a total estimated cost to the Village of $235,241.70, including design and engineering expenses, for the following enhancements requested and funded by the Village as shown on the attached exhibit: o Sidewalk connections and pedestrian ramps at all signalized and non-signalized intersections o Noise wall panel leaf liner o “Village of Itasca” formliner imprints on Illinois Route 390 bridges over Hamilton Lakes Drive and over Arlington Heights Road o Decorative lighting upgrades (induction lighting) along South Thorndale Avenue o New 12” watermain connection along Hamilton Lakes Drive o New 8” watermain connection along Parkside Avenue o Black access control fencing upgrades at various project locations  From this expense, the Tollway proposes to utilize a land acquisition credit in the amount of $47,000 for right-of-way previously acquired along Arlington Heights Road, reducing the estimated balance due by the Village to the Tollway to $188,241.70.  The reimbursement will be due following contract completion, approval of final cost concurrence, and receipt of an invoice from the Tollway, but not prior to May 1, 2018. This date had been set so that the Village would have adequate time to allocate the necessary funds within their fiscal budget. As this date has already passed and the project has already been completed, following final approval of this IGA, and upon approval of the final cost concurrence to be considered later this evening under a separate agenda item, the Tollway will submit an invoice to the Village for payment of the final cost of all project enhancements.

POSITIVE ITEMS INCLUDED IN IGA  Extensive amounts of new Village infrastructure (sanitary sewer, watermains, lighting, and roadways) were constructed by the Tollway, at no expense to the Village, as part of this contract. A full description and exhibit of the location and extents of these improvements is contained in the separate agenda item being considered later this evening which considers agreement to the final project costs.  The final section of the Thorndale Avenue box culvert was upsized and completed beneath Clover Ridge Lane. This was fully paid for by the Illinois Tollway.  The final grading and embankment along Hamilton Lakes Drive, South Thorndale Avenue, and along Arlington Heights Road was planned for and constructed to facilitate the Village addition of sidewalks and bikepaths as part of a separate ITEP funded project. All necessary pedestrian signals at signalized intersections were also installed. All of this work was funded by the Illinois Tollway at no expense to the Village.  Parkside Avenue is an Addison Township Highway Department jurisdiction roadway due to its location adjacent to unincorporated parcels. Since this roadway could be annexed into the Village if adjacent unincorporated parcels are annexed, the roadway was constructed to Village of Itasca standards so there would not be any future upgrade expense responsibility upon annexation.  This contract includes the installation of LED illuminated street name signs at the three new signalized intersections along Hamilton Lakes Drive, South Thorndale Avenue, Arlington Heights Road, and Ketter Drive. These are being paid for by DuPage County, at no expense to the Village.  This contract also includes the installation of LED underpass lighting beneath the Illinois Route 390 bridges over Hamilton Lakes Drive and over Arlington Heights Road. The

installation of these are being paid for by the Illinois Tollway and are to be maintained by the Village of Itasca.  Finally, and most importantly, the limits of maintenance jurisdiction between the IDOT and the Village have been clarified so as to avoid misunderstandings of responsibility as had previously occurred on the 4600/4606 contract. Very simply, IDOT is responsible for maintenance of all IDOT right-of-way areas, but allows the Village access to this right-of-way for routine maintenance adjacent at the Villages discretion. The limits of where the Village plans on said maintenance is north of Clover Ridge Lane, between Clover Ridge Lane and the noisewall and access control fence.  Exhibit B to the IGA has been added which shows the maintenance responsibilities of all parties. This supplements Section VII – Maintenance - Responsibilities which state in detail the maintenance jurisdiction and responsibilities of all agencies. Article VII.A.4 and VII.B.a describes the maintenance responsibilities of the Village of Itasca.  Article VII.C defines the maintenance and energy responsibilities for the traffic signal work included in this contract. We previously coordinated with the Village attorneys’ office to confirm that per the ComEd franchise agreement, electric for traffic signals is provided at no cost to the Village. o The Village will need to update the attachment to that ComEd franchise agreement to include the traffic signals constructed as part of this contract. o The Village will need to allocate funds in future budgets for their respective share of traffic signal maintenance as described in this section.

PENDING ITEMS  None. This IGA has been previously approved by all other parties.  Upon approval the Illinois Tollway will route five clean originals of the final IGA to all parties for their signature, and will provide a signed original with all signatures to the Village for their records.

SUMMARY AND RECOMMENDATION  The Village Administrator, Public Works staff, the Village Attorney, and I have been negotiating and tracking the language and changes throughout the submittal process, and we are in agreement with the content and terms of this IGA.  Therefore, we recommend that the Village Board consider recommending approval of the attached IGA.

I will be attending the January 22, 2019 Committee of the Whole meeting and will be available to answer questions.

INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF TRANSPORTATION, THE COUNTY OF DUPAGE, THE VILLAGE OF ITASCA AND THE ADDISON TOWNSHIP HIGHWAY DEPARTMENT

This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into this ______day of ______, 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”, the COUNTY OF DUPAGE, a body corporate and politic of the State of Illinois, hereinafter called “COUNTY”, the VILLAGE OF ITASCA, a municipal corporation of the State of Illinois, hereinafter called the "VILLAGE", and the ADDISON, TOWNSHIP HIGHWAY DEPARTMENT a body corporate and politic of the State of Illinois, hereinafter called the “TOWNSHIP”, individually referred to as “PARTY”, and collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, has improved the existing Elgin O’Hare Expressway, extend the expressway from its eastern terminus at Rohlwing Road (Illinois Route 53) to O’Hare International Airport (ORD) to be known entirely as Illinois Route 390, and construct the Western Access connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State Tollway (I-294) (hereinafter sometimes referred to as the Elgin O’Hare Western Access “EOWA”), and included in multiple ILLINOIS TOLLWAY construction contracts. The ILLINOIS TOLLWAY will implement, operate and maintain the mainline improvements as tolled facilities (hereinafter sometimes referred to as "Toll Highway"); and

WHEREAS, certain construction contracts will occur within the DEPARTMENT’s, the COUNTY’s, the VILLAGE’s and the TOWNSHIP’s jurisdictional boundaries. This AGREEMENT includes the scope of improvements of ILLINOIS TOLLWAY Contract I-13-4629, Illinois Route 390 from west of Park Boulevard to east of Arlington Heights Road (hereinafter referred to as the “PROJECT”) by making the following improvements:

The scope of improvements include the removal of existing Thorndale Avenue and construction of the new Illinois Route 390 Toll Highway and ramp connections, new bridge structures over the future Hamilton Lakes Drive (currently Park Boulevard) and Arlington Heights Road, and improvements to the future Clover Ridge Lane (currently Park Boulevard West), Hamilton Lakes Drive, Arlington Heights Road, Parkside Avenue,

1

Ketter Drive, and frontage roads. Within the PROJECT limits, the new Illinois Route 390 will be constructed from west of Park Boulevard to east of Arlington Heights Road including ramp connections from I-290 to Hamilton Lakes Drive, from Ketter Drive to westbound Illinois Route 390, from eastbound Illinois Route 390 to Prospect Avenue, and from Prospect Avenue to westbound Illinois Route 390. Dual single span structures will be constructed over Hamilton Lakes Drive and over Arlington Heights Road to carry eastbound and westbound Illinois Route 390. Clover Ridge Lane will be resurfaced from west of Willow Street to Millers Crossing and reconstructed from Millers Crossing to Hamilton Lakes Drive. Hamilton Lakes Drive will be reconstructed from the frontage road to Park Boulevard north of Illinois Route 390. Ketter Drive and Arlington Heights Road will also be reconstructed within the PROJECT limits. Existing Thorndale Avenue will be reconstructed between Hamilton Lakes Drive and Arlington Heights Road (to be known as South Thorndale Avenue). New westbound and eastbound frontage roads will be constructed from Arlington Heights Road to just west of Prospect Avenue (to be known as North Thorndale Avenue and South Thorndale Avenue respectively). The Parkside Avenue intersection with Thorndale Avenue will be realigned to Arlington Heights Road. The work also includes the installation of traffic signals, storm sewers and drainage improvements, detention ponds, sidewalks, retaining walls and noise wall construction, earthwork, installation of eastbound and westbound All Electronic Tolling (AET) Plazas, Intelligent Transportation Systems (ITS) elements, signing, pavement markings, roadway lighting, landscaping, water main and sanitary sewer relocation, and all other work necessary to complete the PROJECT in accordance with the approved plans and specifications; and

WHEREAS, the VILLAGE requests that the ILLINOIS TOLLWAY include in its PROJECT bicycle and pedestrian accommodations, structural enhancements, decorative lighting, water main installation, and black access control fencing as further described herein. The VILLAGE requested improvements are hereinafter referred to as the “VILLAGE’s IMPROVEMENTS”; and

WHEREAS, the COUNTY requests that the ILLINOIS TOLLWAY include in its PROJECT, LED illuminated signage at the black painted traffic signals installed by the PROJECT at the intersections of Ramp K3 (eastbound I-290 to Hamilton Lakes Drive) and Hamilton Lakes Drive, Arlington Heights Road and the eastbound frontage road, and Arlington Heights Road and the westbound frontage road/Ketter Drive; and black painted monotubes at the toll plaza, (hereinafter referred to as the “COUNTY’s IMPROVEMENTS”); and

WHEREAS, the ILLINOIS TOLLWAY agrees to include the VILLAGE’s IMPROVEMENTS and the COUNTY’s IMPROVEMENTS in the PROJECT; and

WHEREAS, a portion of the VILLAGE’s sanitary sewer shall be relocated on ILLINOIS TOLLWAY right of way adjacent to the eastbound frontage road at Prospect Avenue that is secured by access control fencing. Subsequent to this AGREEMENT, the VILLAGE agrees to obtain from the ILLINOIS TOLLWAY an approved permit(s) for the relocated sanitary sewer located on ILLINOIS TOLLWAY property, and to abide by

2

all conditions set forth therein. The VILLAGE shall be granted access through the right of way fence gates to be installed by the ILLINOIS TOLLWAY as further detailed in Section III. E; and

WHEREAS, the PARTIES 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 the “State Administration of Highway Act” 605 ILCS 5/4-101 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, the COUNTY by virtue of its powers as set forth in the Counties Code 55 ILCS 5/1-1001 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, the TOWNSHIP by virtue of its powers as set forth in the Township Code 60 ILCS 1/1-1-1 et seq. is authorized to enter into this AGREEMENT; and

WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the “Intergovernmental Cooperation Act”, 5 ILCS 220/1 et seq.

NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows:

I. ENGINEERING

A. The ILLINOIS TOLLWAY agrees 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 VILLAGE as hereinafter stipulated. During the design and preparation of the plans and specifications, the ILLINOIS TOLLWAY shall submit the plans and specifications to all PARTIES for their review and comment at the following stages of plan preparation:

60% Complete

95% Complete (pre-final)

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Final

B. The final approved plans and specifications for the PROJECT shall be promptly delivered via hard copy and DVD format to the PARTIES by the ILLINOIS TOLLWAY.

C. The PARTIES shall review the plans and specifications which impact the respective PARTIES’ maintained highways within thirty (30) calendar days of receipt thereof. If the ILLINOIS TOLLWAY does not receive comments or objections from any respective PARTY within this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed approval of the plans and specifications. Approval by the individual PARTY shall mean the PARTY agrees with all specifications in the plans, including alignment and location of the PROJECT improvements which impact the PARTY's maintained highways. In the event of disapproval, the PARTY will detail in writing its objections to the proposed plans and specifications for review and consideration by the ILLINOIS TOLLWAY.

D. The PARTIES shall work cooperatively to address and resolve the review comments and objections. Any dispute concerning the plans and specifications shall be resolved in accordance with Section IX of this AGREEMENT.

E. The ILLINOIS TOLLWAY agrees to assume the overall PROJECT responsibility, including assuring that all permits and approvals (U.S. Army Corps of Engineers, Illinois Department of Natural Resources, Metropolitan Water Reclamation District of Greater Chicago, Kane-DuPage Soil and Water Conservation District, DuPage County, including but not limited to the Building & Zoning Department and Division of Transportation, Illinois 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 PARTIES shall grant and consent to any and all permits, rights of access (ingress and egress), temporary use of its property and right of way within the PROJECT limits to the ILLINOIS TOLLWAY and/or its agents, without charge of permit fees to the ILLINOIS TOLLWAY. Any permit for right of access and/or temporary use shall not be unreasonably withheld by any of the PARTIES.

G. The ILLINOIS TOLLWAY shall require all construction performed within the ILLINOIS TOLLWAY's rights of way to comply with the current Illinois

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Department of Transportation Standard Specifications for Road and Bridge Construction and the ILLINOIS TOLLWAY Supplemental Specifications for construction, issued April 2016, as amended, and shall require all work performed within the DEPARTMENT's rights of way to conform to the same current Standards and Specifications.

H. The PROJECT is being constructed by the ILLINOIS TOLLWAY to accommodate 2030 projected traffic volumes.

II. RIGHT OF WAY

A. The ILLINOIS TOLLWAY shall perform all survey work and prepare all parcel plats and legal descriptions for all right of way (both permanent and temporary) necessary for the construction of the PROJECT.

B. The acquisition or transfer of permanent right of way required between the DEPARTMENT and ILLINOIS TOLLWAY for land deemed necessary for construction or future maintenance and operations will be conveyed as part of separate Intergovernmental Agreements between the ILLINOIS TOLLWAY and DEPARTMENT.

C. The acquisition or transfer of permanent right of way interests required from the COUNTY for the construction of the PROJECT pursuant to the approved plans and specifications are part of a separate Intergovernmental Agreement with the COUNTY executed October 4, 2017. The intent and fee associated with the land conveyance from the COUNTY to the ILLINOIS TOLLWAY is part of the COUNTY’s in-kind contribution, with the exception of Parcel EO-1B-12-011 which is located at the southwest corner of Thorndale Avenue and Prospect Avenue and required for contract I-14-4642.

D. The VILLAGE’s and the TOWNSHIP’s existing right of way which is required for construction of the PROJECT shall be, unless provided for herein, transferred to the ILLINOIS TOLLWAY and conveyed free and clear of all encumbrances.

E. The VILLAGE agrees to convey a Permanent Easement to the ILLINOIS TOLLWAY for Parcel EO-1B-12-905, as shown on “EXHIBIT A”.

F. The ILLINOIS TOLLWAY has acquired from the TOWNSHIP via eminent domain the Order Vesting Title of Parcel EO-1B-12-907, as shown on “EXHIBIT A”.

G. The ILLINOIS TOLLWAY agrees to convey fee simple title to the COUNTY, the VILLAGE and the TOWNSHIP of all the property and right of way owned by the ILLINOIS TOLLWAY required by the COUNTY, the VILLAGE and the TOWNSHIP for the maintenance and operation of their highways, without cash consideration. The conveyance will be captured in separate individual

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Intergovernmental Agreements between the ILLINOIS TOLLWAY and the PARTIES.

H. To effectuate the transfers contemplated in Section II. E, F, and G above, the ILLINOIS TOLLWAY shall provide necessary documents, including plats, legal descriptions and all necessary title documents that affect the transfer of properties between the PARTIES.

I. Prior to any transfer of real property owned by the PARTIES, to advance the PROJECT and not delay any schedules, the PARTIES shall grant the ILLINOIS TOLLWAY use, access, ingress, and egress necessary for the construction of the PROJECT. The PARTIES shall grant the ILLINOIS TOLLWAY access and use of its property without charge and shall waive any and all surety or bonding requirements. In any event the ILLINOIS TOLLWAY, to the extent permitted by law, shall indemnify and hold the other PARTIES and their employees, officers, directors and agents harmless from all claims for death, injuries and damages to persons or property resulting from the negligence or intentional misconduct of the ILLINOIS TOLLWAY or its agents.

J. The VILLAGE shall agree to consider all variance requests submitted by property owners for setbacks or zoning deviations that are due to ILLINOIS TOLLWAY land acquisition.

K. In the event, the ILLINOIS TOLLWAY identifies areas of any PARTIES right of way temporarily needed for the ILLINOIS TOLLWAY to enter, access and use to allow the ILLINOIS TOLLWAY and/or its contractor(s) to construct the PROJECT, the PARTY, shall upon the ILLINOIS TOLLWAY’s application to the PARTY’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 respective PARTY shall waive any surety bonding requirement. The ILLINOIS TOLLWAY agrees upon completion of the PROJECT, that those lands used are to be restored by the ILLINOIS TOLLWAY, at its sole cost and expense, to an “as good as – or – better” than pre-construction condition. The ILLINOIS TOLLWAY further agrees to the extent permitted by law, that it shall indemnify and hold harmless any permitting PARTY from any liability, claim, or cause of action relating to the ILLINOIS TOLLWAY’s use of any such land. Approval of any permit shall not be unreasonably withheld by any of the PARTIES, but shall not be granted as a matter of right.

L. Parcel plats and legal descriptions for property required for ILLINOIS TOLLWAY facilities shall conform to the Illinois State Toll Highway Authority format or DEPARTMENT format where applicable.

M. The VILLAGE shall apply for a permit from the ILLINOIS TOLLWAY to construct specialty signage meeting ILLINOIS TOLLWAY requirements as

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applicable in the future on the south wing wall of the eastbound Illinois Route 390 Bridge over Hamilton Lakes Drive and future Hamilton Lakes Business Park signage on ILLINOIS TOLLWAY right of way south of Ketter Drive and east of Ramp L1. The VILLAGE shall also apply for a permit from the ILLINOIS TOLLWAY for any landscaping improvements. Such landscaping should be compliant with the Federal Aviation Administration Advisory Circular, Hazardous Wildlife Attractants On or Near Airports (Advisory Circular No: 150/5200-33B) on ILLINOIS TOLLWAY right of way. Approval of said permits for the signage and landscaping shall not be unreasonably withheld by the ILLINOIS TOLLWAY.

N. The COUNTY agrees to involve the ILLINOIS TOLLWAY in future negotiations for new or modified access control limits adjacent to Toll Highway ramp merge locations within the COUNTY’s future right of way for maintenance and operation of their highways.

O. The ILLINOIS TOLLWAY will provide access to the sight screen wood fence located between Parkside Avenue and Prospect Avenue, installed as part of the PROJECT and located on ILLINOIS TOLLWAY right-of-way, to the VILLAGE by request for maintenance as needed.

P. By request, the ILLINOIS TOLLWAY will provide the VILLAGE access to the parkway north of the north curb of the south frontage road between Hamilton Lakes Drive and Arlington Heights Road extending to the eastbound Illinois Route 390 retaining wall on ILLINOIS TOLLWAY right of way for routine maintenance as needed.

III. UTILITY RELOCATION

A. The ILLINOIS TOLLWAY agrees to provide the PARTIES, as soon as they are identified, the locations (existing and proposed) of public and/or private utility facilities within existing individual PARTY’s 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 to any PARTY’s facilities in the design of improvements.

C. The PARTIES agree to make arrangements for and issue all permits for the PROJECT and cooperate with necessary adjustments to existing utilities located within existing PARTY rights of way, and on proposed PARTY rights of way where improvements to the respective PARTY highways are proposed by the PARTY to be done in conjunction with the PROJECT, without charge of permit fees to the ILLINOIS TOLLWAY.

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D. The ILLINOIS TOLLWAY agrees to make arrangements for and issue all permits for the PROJECT required adjustments to utility facilities located on proposed ILLINOIS TOLLWAY rights of way which are outside areas of the other PARTIES jurisdiction, where improvements to ILLINOIS TOLLWAY facilities are proposed to be done as part of the PROJECT, at no expense to the PARTY.

E. Where VILLAGE facilities are proposed to be located on ILLINOIS TOLLWAY right of way secured with right of way fence, the VILLAGE will be granted access through the right of way fence gates as described in Section VIII. G.

F. At all locations where utilities are located on rights of way owned by the ILLINOIS TOLLWAY that are planned to be subsequently transferred to another PARTY and must be adjusted due to work proposed by the ILLINOIS TOLLWAY, the PARTY agrees to cooperate with the ILLINOIS TOLLWAY in making arrangements with the applicable utility and issue all permits for the requisite adjustment(s) without charge of permit fees to the ILLINOIS TOLLWAY upon transfer of that right of way to another PARTY. Subsequent to transfer of that right of way to another PARTY, the ILLINOIS TOLLWAY agrees to reimburse and/or credit the PARTY for any and all utility relocation costs the PARTY may incur that are reimbursable to the utility company for PROJECT required adjustments.

G. At all locations where utilities are located on rights of way owned by any PARTY that are subsequently planned to be transferred to the ILLINOIS TOLLWAY and must be adjusted due to work proposed by any PARTY, the ILLINOIS TOLLWAY agrees to make arrangements with the applicable utility and issue all permits for the requisite adjustment(s). The respective PARTY permits will no longer apply after transfer of right of way to the ILLINOIS TOLLWAY and any future relocation caused by any PARTY would result in that PARTY reimbursing the utility company. At all locations where any PARTY's utilities are located on ILLINOIS TOLLWAY rights of way or on other PARTY’s rights of way and must be adjusted due to work proposed by the PARTY, the PARTY in question agrees to obtain from the ILLINOIS TOLLWAY and/or another PARTY, an approved permit for the facility, and to abide by all conditions set forth therein. The PARTY agrees to reimburse the ILLINOIS TOLLWAY for any and all utility relocation costs the ILLINOIS TOLLWAY may incur in causing the aforementioned utility or utilities to be adjusted.

H. The ILLINOIS TOLLWAY will cause all utility companies to protect, adjust, relocate or remove utility facilities in conflict with the PROJECT, at no cost to the PARTIES.

I. The PARTIES agree to accept applications for permits from utility companies to perform utility relocation work within the PROJECT and located on its property.

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All such applications for permits shall include an executed Utility Work Order approved by the ILLINOIS TOLLWAY.

J. During the duration of the PROJECT, the PARTIES agree to issue utility permits within the PROJECT limits in accordance with its’ regular permit process and only for utility work as documented by a Utility Work Order that is approved by the ILLINOIS TOLLWAY and/or coordination with the ILLINOIS TOLLWAY.

K. In the event utility facilities are relocated within the PROJECT limits, the ILLINOIS TOLLWAY shall grant to the utility company and its successors and assigns, owning or operating any utility facilities, the right to operate the same in the new location or locations on the property for as long a period and upon the same terms and conditions as it had the right to maintain and operate the facilities in their former location or locations.

L. In the event utility facilities are located on property transferred to any of the PARTIES from the ILLINOIS TOLLWAY, the respective PARTY agrees to issue a permit, without charge of permit fees, for all utility work associated with or relocated as a result of the PROJECT. All subsequent maintenance, repairs or modifications to these utility facilities will require that permits be issued in accordance with the PARTIES’ current Permit Ordinance.

IV. CONSTRUCTION

A. The ILLINOIS TOLLWAY shall advertise and receive bids, obtain the VILLAGE’s concurrence as to the amount of bids (for work to be funded wholly or partially by the VILLAGE 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 VILLAGE as hereinafter stipulated.

B. After award of the construction contract(s), any proposed deviations from the plans and specifications that affect the PARTIES shall be submitted to the PARTIES for approval prior to commencing such work. The PARTIES 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 PARTY indicating its disapproval shall detail in writing its specific objections. If the ILLINOIS TOLLWAY receives no written response from that PARTY within thirty (30) calendar days after delivery to the PARTY of the proposed deviation, or does not receive a request for an extension of time, which request shall be reasonably considered, the proposed deviation shall be deemed approved by the PARTY.

C. After award of the construction contract(s), assuming there are no proposed deviations from the plans and specifications that affect the PARTIES, the

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ILLINOIS TOLLWAY shall provide no less than thirty (30) calendar days’ written notice to the PARTIES prior to commencement of work on the PROJECT.

D. The PARTIES 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 another PARTY's system. The PARTIES shall assign personnel to perform inspections on each PARTY’s behalf for all work included in the PROJECT that affect another PARTY'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.

E. The PARTIES shall work cooperatively to address and resolve the review comments and objections. Notices required to be delivered by each PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section IX of this AGREEMENT.

F. The ILLINOIS TOLLWAY shall require its contractor(s) working within any of the PARTIES rights of way to comply with the indemnification provision contained at Section 107.26 in the ILLINOIS TOLLWAY Supplemental Specifications for construction, issued April 2016, or the indemnification provision in the applicable version of the Illinois State Toll Highway Authority's Standard Specifications subsequently in effect.

G. The ILLINOIS TOLLWAY shall require that the PARTIES, and their agents, officers and employees be included as additional insured parties in the General Liability Insurance the ILLINOIS TOLLWAY requires of its contractor(s) and that the PARTIES will be added as an additional protected PARTY on all performance bonds required of the contractor(s). These requirements shall be included in the Special Provisions of the construction contract(s).

H. The ILLINOIS TOLLWAY shall give notice to the PARTIES upon completion of 70% and 100% of all PROJECT construction contracts to be subsequently maintained by the PARTIES, and the PARTIES shall make an inspection thereof not later than seven (7) calendar days after notice thereof after notice of 70% completion. If any PARTY does not perform a final inspection within twenty-one (21) 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 that PARTY. At the request of the PARTIES, 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 respective PARTY'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

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re-inspection upon completion of the corrective work. The respective PARTY shall perform such joint re-inspections within ten (10) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied.

I. The ILLINOIS TOLLWAY shall have the right, in its sole judgment and discretion, to cancel or alter any or all portions of the work, except as referenced in Section IV.B, 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 most current version of the ILLINOIS TOLLWAY Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, issued April 2016, or the applicable version of the ILLINOIS TOLLWAY Standard or Supplemental Specifications.

J. As-built drawings of utility relocations performed by the ILLINOIS TOLLWAY shall be provided to the VILLAGE, in both paper format and electronically in PDF and CADD format, within sixty (60) calendar days after completion of the work.

K. The contractor(s) use of VILLAGE water will follow VILLAGE hydrant metering procedures, and that water will be supplied at normal supply cost.

L. As-built drawings for that part of the PROJECT that will be under the jurisdiction of the COUNTY including the north and south frontage roads and utility relocations within the frontage roads shall be provided to the COUNTY, in both paper and electronically within sixty (60) days after completion of the work.

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 COUNTY and the VILLAGE 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 construction engineering shall be computed as 10% of actual final construction costs.

C. It is mutually agreed by the PARTIES hereto that the estimated cost to the VILLAGE is $204,558.00 for construction costs, $10,227.90 (5% of construction costs) for preliminary and design engineering, and $20,455.80 (10% of construction costs) for construction engineering, for a total estimated cost of $235,241.70. The estimated construction costs to the VILLAGE are further detailed below:

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1. A sidewalk along Clover Ridge Lane from Millers Crossing to the south frontage road intersection, and pedestrian ramps at all signalized and non-signalized intersections, including the intersections with the south frontage road at Hamilton Lakes Drive in the northeast and southeast quadrants, Tall Oaks Lane and Nicole Way in the southwest and southeast quadrants, and Arlington Heights Road in the northwest and southeast quadrants, and at the intersection of Arlington Heights Road and Ketter Drive in the southwest and northeast quadrants - $24,801.00.

2. Enhanced noise wall panels (leaf form liner) along the south side of Illinois Route 390 - $11,000.00.

3. Special form liner signage on the north parapet of the westbound Illinois Route 390 Bridge at Hamilton Lakes Drive and on the north parapet of the westbound Illinois Route 390 Bridge and the south parapet of the eastbound Illinois Route 390 Bridge at Arlington Heights Road - $6,000.00.

4. The incremental cost for decorative lighting along the south side of the south frontage road between Hamilton Lakes Drive and Arlington Heights Road - $6,103.00.

5. New twelve inch (12”) water main on the east side of Hamilton Lakes Drive - $90,233.00.

6. New eight inch (8”) water main connection at Parkside Avenue from Arlington Heights Road to the existing watermain on Parkside Avenue - $55,331.00.

7. Black access control fencing along the south side of Ramp K3/K4, the north side of Illinois Route 390 from Hamilton Lakes Drive to Ketter Drive, and the north side of the detention basin south of the eastbound frontage road - $11,090.00.

D. It is further agreed that notwithstanding the estimated cost, the VILLAGE shall be responsible for the actual costs associated with the requested VILLAGE’s IMPROVEMENTS described in the Recital section of this AGREEMENT and as detailed above.

E. The VILLAGE in separate documents has conveyed Parcel EO-1B-12-905 as shown on “EXHIBIT A” as a Permanent Easement to the ILLINOIS TOLLWAY. The approved appraised market value is $47,000.00 to be credited to the VILLAGE to partially offset the cost of the VILLAGE’s IMPROVEMENTS.

F. The VILLAGE agrees that their total estimated costs for the VILLAGE IMPROVEMENTS are $235,241.70. The VILLAGE and the ILLINOIS TOLLWAY agree that the credit for the Parcel to be used by the VILLAGE as stated above to partially offset the cost of the VILLAGE IMPROVEMENTS is $47,000.00, leaving an estimated balance due the ILLINOIS TOLLWAY of

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$188,241.70. The VILLAGE agrees that upon completion of the PROJECT and receipt of an invoice from the ILLINOIS TOLLWAY, the VILLAGE will pay to the ILLINOIS TOLLWAY, but not prior to May 1, 2018, of the total obligation for the VILLAGE’s IMPROVEMENTS incurred under this AGREEMENT, based upon actual costs.

G. It is mutually agreed by the PARTIES hereto that the estimated cost to the COUNTY for the COUNTY’s IMPROVEMENT’s is $87,137.00 for construction costs, $4,356.85 (5% of construction costs) for preliminary and design engineering, and $8,713.70 (10% of construction costs) for construction engineering, for a total estimated cost of $100,207.55. The estimated construction costs to the COUNTY are further detailed below:

1. LED illuminated signage at the black painted traffic signals installed by the PROJECT at the intersections of Ramp K3 (eastbound I-290 to Hamilton Lakes Drive) and Hamilton Lakes Drive, Arlington Heights Road and the eastbound frontage road, and Arlington Heights Road and the westbound frontage road/Ketter Drive - $40,832.00.

2. Cost differential for black painted monotubes at the toll plaza - $46,305.00.

H. It is further agreed that notwithstanding the estimated cost, the COUNTY shall be responsible for the actual costs associated with the requested COUNTY’s IMPROVEMENTS described in the Recital section of this AGREEMENT and as detailed above. All payments and credits shall be based upon actual final costs.

I. The COUNTY in separate documents shall convey Parcel EO-1B-12-011 to the ILLINOIS TOLLWAY. The approved appraised market value is $445,700.00 to be credited to the COUNTY to offset the cost of the COUNTY’s IMPROVEMENTS.

J. Since the cost of the COUNTY’s IMPROVEMENTS are less than the value of Parcel EO-1B-12-011, the ILLINOIS TOLLWAY shall be responsible for the costs associated with the cost differential of the black monotubes and the LED signage referenced in this AGREEMENT. The COUNTY’s remaining balance shall be carried over as a credit and applied to other EOWA project agreements involving the COUNTY.

K. The COUNTY agrees that their total estimated costs for the COUNTY IMPROVEMENTS are $100,207.55. The COUNTY and the ILLINOIS TOLLWAY agree that the credit for the Parcel to be used by the COUNTY as stated above to offset the cost of the COUNTY IMPROVEMENTS has been diminished to $278,632.00 due to the use of that credit in Contract I-14-4642, for COUNTY IMPROVEMENTS, leaving an estimated balance due the COUNTY of $178,424.45. The COUNTY’s remaining balance shall be carried over as a credit and applied to other EOWA project agreements involving the COUNTY.

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L. The TOWNSHIP in separate documents has conveyed Parcel EO-1B-12-907, as shown on “EXHIBIT A,” to the ILLINOIS TOLLWAY via eminent domain. The preliminary and final compensation value of the parcel is $160,000 paid directly to the TOWNSHIP.

M. Any PARTY 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.

N. The VILLAGE shall have the ability to request reduction of or elimination from the PROJECT of those enhancement improvements, VILLAGE’s IMPROVEMENTS, which would have been VILLAGE responsibility for payment, in the event the contract bid prices are substantially higher than those contained in the engineers estimate or subject to VILLAGE budgetary constraints. The VILLAGE shall be responsible for costs incurred for those items that would have been VILLAGE responsibility prior to providing notice for the reduction or elimination of said items.

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, the COUNTY, the VILLAGE and the TOWNSHIP.

B. The term "local road" refers to any highway, road or street under the jurisdiction of the DEPARTMENT, the COUNTY, the VILLAGE or the TOWNSHIP.

C. As used herein, the terms "maintenance" or "maintain" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal, replacement of the maintained facility when needed, and unless specifically excluded in Section VII, MAINTENANCE - RESPONSIBILITIES, other activities as more specifically set forth in the following subparts of this Section VI. Maintenance includes but is not limited to:

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.

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2. "Structural maintenance" refers to the integrity of the grade separation structure, including abutments and piers, bridge girders/beams, bridge deck, 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.

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

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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 Toll Highway:

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.

VII. MAINTENANCE – RESPONSIBILITIES

A. The maintenance responsibilities are as shown on “EXHIBIT B” and as detailed below.

1. The ILLINOIS TOLLWAY agrees to own and maintain Illinois Route 390 from Park Boulevard to Arlington Heights Road in its entirety; the retaining wall (R- 224T) along eastbound Illinois Route 390 from Ramp G6 (westbound I-290 to eastbound Illinois Route 390) to Hamilton Lakes Drive, along south bound Hamilton Lakes Drive (under the structures carrying Illinois Route 390 over Hamilton Lakes Drive) and along westbound Illinois Route 390 west of Hamilton Lakes Drive; the retaining wall (R-253) along northbound Hamilton Lakes Drive (under the structures carrying Illinois Route 390 over Hamilton Lakes Drive), eastbound Illinois Route 390 from Hamilton Lakes Drive to Arlington Heights Road, and along southbound Arlington Heights Road (under the structures carrying Illinois Route 390 over Arlington Heights Road); the retaining wall (R- 263) along Ramp M1 (westbound Illinois Route 390 entrance ramp from Prospect Avenue), northbound Arlington Heights Road (under the structures carrying Illinois Route 390 over Arlington Heights Road), and along Ramp M2 (eastbound Illinois Route 390 exit ramp to Prospect Avenue); the noise wall mounted to the top of the retaining wall (R-224T), mounted to the top of eastbound Illinois Route 390 bridge over Hamilton Lakes Drive, and mounted to the top of the retaining

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wall (R-253) between Hamilton Lakes Drive and Nicole Way; three new detention basins located south of Illinois Route 390, south of the eastbound frontage road, and south of Ketter Drive; the Illinois Route 390 mainline and ramp lighting; and the landscaping (on ILLINOIS TOLLWAY right of way) planted behind the sight screen fence between Arlington Heights Road to Prospect Avenue.

2. The DEPARTMENT agrees to own and maintain, or cause to maintain, Ramp K3 (eastbound I-290 to Hamilton Lakes Drive); Ramp G6 (westbound I-290 to eastbound Illinois Route 390); the retaining wall (R-224) along Ramp G6; the noise wall mounted to the top of the retaining wall (R-224) along Ramp G6; the ground mounted noise wall along Ramp K4 (westbound I-290 to Hamilton Lakes Drive); the traffic signal at the Ramp K3/Hamilton Lakes Drive intersection including combination lighting; landscaping within DEPARTMENT right of way; and any work the ILLINOIS TOLLWAY is including in the PROJECT for the DEPARTMENT at their request, in their entirety. The Department is responsible for routine maintenance of the Department right of way located south of the retaining wall, noise wall and fence adjacent to Ramp K3/K4 and north and west of Clover Ridge Lane. Notwithstanding the foregoing, in deference to the Presidential Memorandum Pollinators, and consistent with Department prescribed mowing practices which limits roadside mowing to the first fifteen feet of area adjacent to the roadside, the Department does not intend to mow the right of way adjacent to noise walls and fences. The Department shall, however, allow the Village access to Department right of way for performing graffiti maintenance removal from the ground mounted noise wall along Ramp K4 facing away from the Department roadway and for performing routine maintenance of right of way adjacent to noise walls at the Village’s discretion as described herein on attached exhibit B .

3. The COUNTY agrees to own and maintain, or cause to maintain, the westbound frontage road from Arlington Heights Road to Prospect Avenue as depicted on EXHIBIT B; the eastbound frontage road from Arlington Heights Road to Prospect Avenue as depicted on EXHIBIT B; Prospect Avenue; the new detention basin west of Prospect Avenue; the closed drainage system along the frontage roads; the traffic signals at the Arlington Heights Road and eastbound frontage road intersection and at the Arlington Heights Road and westbound frontage road/Ketter Drive intersection including combination lighting; the black powder coating on traffic signals installed as part of the PROJECT under COUNTY maintenance and jurisdiction; the emergency vehicle pre-emption system on the traffic signals located on Arlington Heights Road; the LED illuminated signage; or any work the ILLINOIS TOLLWAY is including in the PROJECT for the COUNTY at their request, in their entirety. The COUNTY agrees to be financially responsible for future costs associated with the differential cost to maintain and/or replace the standard traffic signal equipment with black powder coated equipment for the DEPARTMENT traffic signals at Ramp K3/Hamilton Lakes Drive.

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The COUNTY also agrees to be responsible for the future costs associated with the differential cost of maintaining the black monotubes installed by the ILLINOIS TOLLWAY at Plaza 324 (Park Boulevard). The ILLINOIS TOLLWAY will actually maintain the monotubes and invoice the COUNTY as needed.

4. The VILLAGE agrees to own and maintain, or cause to maintain, Clover Ridge Lane (currently Park Boulevard West), Hamilton Lakes Drive (currently Park Boulevard), the south frontage road between Hamilton Lakes Drive and Arlington Heights Road;, Arlington Heights Road, Ketter Drive, Tall Oaks Lane, Nicole Way and Millers Crossing; the parkway north of the north curb of the south frontage road between Hamilton Lakes Drive and Arlington Heights Road extending to the eastbound Illinois Route 390 retaining wall (R-253) on ILLINOIS TOLLWAY right of way, including but not limited to lawn mowing, trimming of trees and shrubs, litter control, and graffiti removal on the retaining wall (R-253) facing the VILLAGE roadway; the new detention basin east of Arlington Heights Road and north of Parkside Avenue; the box culvert under Clover Ridge Lane; the closed separate drainage system along the local roads under VILLAGE maintenance and jurisdiction; the sidewalk in the southwest quadrant of Arlington Heights Road/south frontage road intersection along the west side of Arlington Heights Road south of the south frontage road intersection, in the northwest quadrant of Arlington Heights Road and Ketter Drive intersection, and along the southeast quadrant of Clover Ridge Lane and the eastbound frontage road; the existing water main along the south frontage road between Hamilton Lakes Drive and Arlington Heights Road; the new water main north of Illinois Route 390 from Arlington Heights Road to Prospect Avenue; the existing sanitary sewer along the south frontage road between Hamilton Lakes Drive and Arlington Heights Road; the new sanitary sewer along the west side of Arlington Heights Road; the new sanitary sewer from Arlington Heights Road to Prospect Avenue south of Illinois Route 390; the new sanitary sewer on the west side of Prospect Avenue from the eastbound frontage road through the PROJECT limits; the traffic signals at the Ramp L1 and Ketter Drive intersections including the black powder coating; the sight screen wood fencing between Parkside Avenue and Prospect Avenue; underpass lighting luminaires at Hamilton Lakes Drive and Arlington Heights Road; or any work the ILLINOIS TOLLWAY is including in the PROJECT for the VILLAGE at their request, in their entirety. The VILLAGE also agrees to maintain the VILLAGE’s IMPROVEMENTS, including the sidewalk along Clover Ridge Lane from Millers Crossing to the south frontage road intersection and the pedestrian ramps at signalized and non- signalized intersections; future costs incurred by the ILLINOIS TOLLWAY, subject to VILLAGE review and approval prior to expenditure, for maintaining the special form liner signage on Hamilton Lakes Drive and Arlington Heights Road bridges; the accent noise wall panels (leaf form liner); the decorative lighting along the south side of the south frontage road between Hamilton Lakes Drive and Arlington Heights Road including electrical energy costs; the new

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twelve inch (12”) water main along the east side of Hamilton Lakes Drive; the new eight inch (8”) water main connection at Parkside Avenue from Arlington Heights Road to the existing watermain along Parkside Avenue; and the cost differential that is incurred by the ILLINOIS TOLLWAY or DEPARTMENT, subject to VILLAGE review and approval prior to expenditure, for replacing the black access control fencing in kind in the future as compared to replacing with standard access control fencing (i.e. galvanized steel without black coating) on DEPARTMENT and ILLINOIS TOLLWAY right of way. The VILLAGE has the option of performing routine maintenance on DEPARTMENT right of way located south of the retaining wall, noise wall, and fence adjacent to Ramp K3/K4 and north and west of Clover Ridge Lane. The VILLAGE also has the option of performing graffiti removal on the ground mounted noise wall along Ramp K4 facing away from the DEPARTMENT roadway. In the event the VILLAGE declines to perform the routine maintenance on DEPARTMENT right of way and graffiti removal on the noise wall along Ramp K4 as described herein, the DEPARTMENT shall be responsible. The VILLAGE agrees, to the extent permitted by law, 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 maintenance of the parkway and graffiti removal on ILLINOIS TOLLWAY right of way.

5. The TOWNSHIP agrees to maintain, or cause to maintain, Parkside Avenue, and any work the ILLINOIS TOLLWAY is including in the PROJECT for the TOWNSHIP at their request, in their entirety.

B. 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):

Type of Bridge Structure Affected Roadway

Type 1 Eastbound Illinois Route 390 over Hamilton Lakes Drive

Type 1 Westbound Illinois Route 390 over Hamilton Lakes Drive

Type 1 Eastbound Illinois Route 390 over Arlington Heights Road

Type 1 Westbound Illinois Route 390 over Arlington Heights Road

1. Type 1 - ILLINOIS TOLLWAY Toll Highway over a Local Road

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a. The VILLAGE has all maintenance responsibility as to the following:

i. All VILLAGE highway roadways, guardrail and other protective devices, pier protective structures or devices, roadway slopes and shoulders, including but not limited to the portions thereof underneath the grade separation structure;

ii. All drainage facilities which drain VILLAGE highway facilities, except such facilities installed by the ILLINOIS TOLLWAY on VILLAGE property for the purpose of carrying exclusively Toll Highway drainage;

iii. All underpass lighting;

iv. All VILLAGE traffic signals;

b. The ILLINOIS TOLLWAY has all maintenance responsibility as to all remaining portions of the ILLINOIS TOLLWAY Toll Highway at an intersection not maintained by the VILLAGE, as set forth herein, including but not limited to the entire grade separation structure, drainage facilities, bridge slope walls and embankments within ILLINOIS TOLLWAY access control fencing, and fences.

C. Upon acceptance by the PARTIES hereto 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

Ramp K3 @ Hamilton Lakes Drive

DEPARTMENT Share 25% 0% VILLAGE Share 75% 100%

Ketter Drive @ Ramp L1

VILLAGE Share 100% 100%

Arlington Heights Road @ Eastbound Frontage Road

COUNTY Share 25% 0% VILLAGE Share 75% 100%

Arlington Heights Road @ Westbound Frontage Road

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COUNTY Share 25% 0% VILLAGE Share 75% 100%

D. The PARTIES agree that the ILLINOIS TOLLWAY reserves the exclusive right to review and approve any and all signage affixed to the grade separation structure or placed on ILLINOIS TOLLWAY right of way.

E. In the event that any PARTY places, on the grade separation structure or on the right of way of the other, appurtenances such as architectural enhancements, "gateway logos", conduit pipe, or other devices which are not directly required in connection with the ILLINOIS TOLLWAY 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 costs, repair costs, replacement costs, removal and/or renewal costs of such items, including such costs for the maintenance, repair, replacement, removal and/or renewal of such items which is necessitated by maintenance projects performed by the ILLINOIS TOLLWAY pursuant to this AGREEMENT and in accordance with the approved permit(s).

F. Signalization and pavement markings at the interchanges, if any, will be under the control of the COUNTY, VILLAGE, and/or DEPARTMENT. The PARTIES shall cooperate regarding signal timing and intersection operation such that traffic exiting the Toll Highway is not unnecessarily delayed. The PARTIES consent 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 operations to give exit ramps priority.

G. The jurisdictional agency shall maintain the master controller in the intersection that includes the master controller and shall be responsible for 100% of the maintenance of the master controller and communication to the master controller.

H. The VILLAGE agrees to assume responsibility for the reconstruction and maintenance of the shared use paths, sidewalks, and any and all fences, walls or appurtenances built to separate vehicular traffic from pedestrian traffic located at and on ILLINOIS TOLLWAY property, in its entirety.

I. The VILLAGE 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 shared use paths sidewalks, fences, appurtenances, retaining walls, landscaping, etc.

J. If in the future, the ILLINOIS TOLLWAY adopts a roadway or other improvement which requires modification, relocation or reconstruction to any

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VILLAGE requested enhancements located on ILLINOIS TOLLWAY property, then the VILLAGE hereby agrees to be financially responsible for the entire cost to modify, relocate or reconstruct said signage, fencing, walls, landscaping, etc., in conjunction with the ILLINOIS TOLLWAY's proposed improvement.

VIII. ADDITIONAL MAINTENANCE PROVISIONS

A. It is understood and agreed by the PARTIES hereto that this AGREEMENT shall supersede any and all earlier Agreements entered into by the PARTIES hereto regarding maintenance of the local’s highways and Toll Highway facilities within the limits of this PROJECT.

B. During construction, the PARTIES shall continue to maintain all portions of the PROJECT within each individual PARTY's right of way pursuant to the approved plans and specifications that are not required to be maintained by the construction contractor(s).

C. All items of construction which are stipulated in this AGREEMENT to be maintained by the PARTIES shall, upon completion of construction and final inspection, be the sole maintenance responsibility of the respective PARTIES.

D. The responsibilities for snow and ice removal from the roadways under jurisdiction of the respective PARTIES and for mowing and litter removal will be handled under a separate agreement between the parties.

E. Nothing herein is intended to prevent or preclude any PARTY 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.

F. Attached as “EXHIBIT B” is a description and identification of the PARTIES respective maintenance responsibilities. In the event there is a conflict between the aforementioned Exhibit and the maintenance provisions contained in Section VII of this AGREEMENT, the text in Section VII shall control.

G. The VILLAGE will be provided with a limited number of keys for the ILLINOIS TOLLWAY owned locks that will be installed on the right of way fence gates. Prior to being provided with the keys, the VILLAGE must provide contact information for VILLAGE personnel that will possess the keys. The VILLAGE further agrees that it shall notify the ILLINOIS TOLLWAY should there be changes to VILLAGE personnel that will retain the keys for access to the VILLAGE’s sanitary sewer and sight screening fence. The VILLAGE 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 access, use, maintenance or reconstruction of the sanitary sewer located on ILLINOIS TOLLWAY right of way.

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IX. GENERAL PROVISIONS

A. It is understood and agreed that this is an AGREEMENT between the Illinois Department of Transportation, the County of DuPage, the Village of Itasca, Addison Township and the Illinois State Toll Highway Authority.

B. It is understood and agreed by the PARTIES hereto, that the PARTIES shall obtain or retain jurisdiction of the all local roads traversed or affected by Illinois Route 390 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 any PARTY 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.

F. In the event of a dispute between the PARTIES in the carrying out of the terms of this AGREEMENT, the Chief Engineer of the ILLINOIS TOLLWAY, the Deputy Director/District One Engineer of the DEPARTMENT, the Director of Transportation/County Engineer of the COUNTY, the Village Engineer of the VILLAGE and the TOWNSHIP’s Highway Commissioner 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 Deputy Director/District One Engineer of the DEPARTMENT, the Director of Transportation/County Engineer of the COUNTY, the Village Engineer of the VILLAGE, the TOWNSHIP’s Highway Commissioner and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT in reference to any of the PARTIES (requested work, utilities, facilities, roadways, etc.), or a dispute concerning the plans and specifications for any of the individual PARTY's (requested work, utilities, facilities, roadways, etc.), the Chief Engineer of the ILLINOIS TOLLWAY and the individual

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PARTY's Engineer shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of the dispute concerning the PARTY's (requested work, utilities, facilities, roadways, etc.), the decision of the PARTY'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.

H. This AGREEMENT may be executed in five (5) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument.

I. Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is 36-6005935 and it is doing business as a governmental entity, whose mailing address is Village of Itasca, 550 West Irving Park Road, Itasca, Illinois 60143.

J. Under penalties of perjury, the TOWNSHIP certifies that its correct Federal Tax Identification number is 36-6006173 and it is doing business as a governmental entity, whose mailing address is Addison Township Highway Department, 411 West Potter, Wood Dale, Illinois 60191..

K. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto.

L. 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.

M. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and approved assigns.

N. 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.

O. 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.

P. 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:

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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/District One Engineer

To the COUNTY: The DuPage County Division of Transportation Jack T. Knuepfer Administration Building 421 North County Farm Road Wheaton, Illinois 60187 Attn: Director of Transportation/County Engineer

To the VILLAGE: The Village of Itasca 550 West Irving Park Road Itasca, Illinois 60143 Attn: Village Administrator

To the TOWNSHIP: The Addison Township Highway Department 411 West Potter Wood Dale, Illinois 60191 Attn: Highway Commissioner

Q. 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 VILLAGE and/or the TOWNSHIP 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

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governmental agency or agent thereof that is authorized to audit or inspect such books and records.

R. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT.

(This section intentionally left blank)

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IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated.

ADDISON TOWNSHIP HIGHWAY DEPARTMENT

By: ______Attest: ______Donald Holod Highway Commissioner ______Date: ______(Please Print Name)

THE VILLAGE OF ITASCA

By: ______Attest: ______Jeff Pruyn Mayor ______Date: ______(Please Print Name)

COUNTY OF DUPAGE

By: ______Attest: ______Daniel J. Cronin Paul Hinds Chairman. DuPage County Board County Clerk

Date: ______

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THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION

By: ______Attest: ______Anthony Quigley, P.E. Region One Engineer

Date: ______

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY

By: ______Date: ______Elizabeth Gorman Executive Director

By: ______Date: ______Michael Colsch Chief Financial Officer

By: ______Date: ______Elizabeth M.S. Oplawski Acting General Counsel

Approved as to Form and Constitutionality

______Tiffany B. Schafer, Senior Assistant Attorney General, State of Illinois

IGA_4629_IDOT_Dupage_Itasca_Addison_.rev.12.27.16_05.31.18

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Elgin O’Hare Western Access

PIERCE RD LEGEND Project Improvements

Contract I-13-4629

Village of Itasca and Addison Township Owned Parcels

HAMILTON LAKES DR Permanent Easement

EO-1B-12-905 KETTER DR (Itasca)

PARK BLVD WB FRONTAGE RD

SOUTH FRONTAGE RD KEY MAP

CLOVER RIDGE LN TALL OAK S LN EB FRONTAGE RD

Chicago NICOLE WAY WILLOW ST PRAIRIE CIR O’Hare Int’l Airport

MILLERS CROSSING Contract I-13-4629

EO-1B-12-907

PARKSIDE AVE PARKSIDE (Addison Township)

0 250 500 1,000 ARLINGTON HEIGHTS RD PROSPECT AVE Feet

Exhibit A

Elgin O’Hare Western Access Village of Itasca and Addison Township Owned parcels for Contract I-13-4629

MEMO

To: Village of Itasca Mayor and Village Board

From: Scott Marquardt, Associate / Group Manager

Subject: Village of Itasca/Illinois Tollway Contract 4629 Illinois Route 390 – west of Park Boulevard to east of Arlington Heights Road Recommendation for Approval of Final Project Cost Letter

Date: January 22, 2019

Mayor Pruyn and Village Board,

BACKGROUND As you are well aware, the Tollway has provided opportunities for the Village to include various additional work within their construction contracts, for items desired by the Village such as pedestrian paths and decorative bridge aesthetic enhancements. The enhancements which are the subject of this memo and Tollway letter are associated with one project; Contract 4629 – the construction of Illinois Route 390 from west of Park Boulevard to east of Arlington Heights road.

HISTORY The enhancements included and completed on this particular project which were the cost responsibility of the Village of Itasca included the following items (see attached Exhibit A):  Sidewalk connections and pedestrian ramps at all signalized and non-signalized intersections  Noise wall panel leaf liner  “Village of Itasca” formliner imprints on Illinois Route 390 bridges over Hamilton Lakes Drive and over Arlington Heights Road  Decorative lighting upgrades (induction lighting) along South Thorndale Avenue  New 12” watermain connection along Hamilton Lakes Drive  New 8” watermain connection along Parkside Avenue  Black access control fencing upgrades at various project locations

Per a separate agenda item discussed earlier this evening the Village Board considered the Contract 4629 Intergovernmental Agreement (IGA) which defined the overall project, the Village-requested enhancements, and the cost sharing allocations for those enhancements. If recommended for approval, this associated IGA will be approved at the subsequent Village Board meeting.

All work on this construction project has been completed. The IGA included estimated costs for the project enhancements listed above, which were based upon contractor final bid price, along with estimated contract quantities. Now that construction has been completed, the Tollway has submitted final calculations of project quantities and determined the actual final construction cost, in accordance with the terms of the IGA.

I have reviewed the revised information in conjunction with Robinson Engineering and the Public Works Department and we are in agreement with the revised final quantities.

The original overall estimated enhancement expense based upon estimated design quantities, including design and construction engineering expenses, along with the final cost, are summarized below:

Original Estimated Cost Final Cost Net Cost Savings Contract 4629 $235,241.70 $223,195.60 $12,046.10

FUNDING At the July 19, 2016 Village Board meeting, per Resolution 881-16 the Village Board approved an initial cost participation letter in the amount of $248,771.45, but raised an objection over the extent of access control fencing upgrades. Through subsequent coordination with the Tollway, one section of access control fence along the north side of South Thorndale Avenue between Hamilton Lakes Drive and Arlington Heights Road was successfully eliminated from the project plans, resulting in a revised previous cost participation amount of $235,241.70 as noted above.

The original IGA contemplated the use of land acquisition credits in the amount of $47,000 for one right of way parcel which was acquired by the Tollway to reduce the amount of funding the Village would need to provide for this project.

The total final enhancement expense for Contract 4629 is $223,195.60. Since this amount is greater than the value of land acquisition credits, the Tollway will submit an invoice in the differential amount of $176,195.60 to the Village following approval of the associated IGA and approval of this final cost concurrence letter.

In February 2018 I had provided information to the Village to include appropriate funding in the FY 18/19 budget, so the necessary funds should be available for payment of this invoice. In the event the invoice does not get submitted during the current FY 18/19 Village budget year and arrives after May 1, 2019, the Village will need to allocate appropriate funds in the FY 19/20 Village fiscal year.

As an associated item, by separate action at the March 1, 2016 Village Board meeting, per Resolution 845-16 the Village and Hamilton Partners entered into a cost sharing agreement regarding funding reimbursement for a portion of the expenses of the new 12” watermain along Hamilton Lakes Drive. The Village should ensure that it already has or will invoice Hamilton Partners for reimbursement of the amounts defined in this cost sharing agreement.

ADDITIONAL ASSET IMPROVEMENTS For your reference, and due to the extent of time which has elapsed since this project began, we are also providing Exhibit B which shows new Village infrastructure constructed by the Tollway at no expense to the Village, in conjunction with this contract. The quantities of utilities and roadways improved at Tollway expense are as follows:

NEW VILLAGE ASSET SIZE QUANTITY Ductile Iron Watermain 8” 145 Feet Ductile Iron Watermain 12” 2845 Feet Fire Hydrants - 10 Each PVC Sanitary Sewer 10” 151 Feet PVC Sanitary Sewer 18” 444 Feet PVC Sanitary Sewer 24” 2455 Feet Steel Casing for Sanitary Sewer 24” 410 Feet Steel Casing for Sanitary Sewer 36” 107 Feet PCC Sidewalk 5’ width 635 Feet Roadway Lighting - 30 Each

Clover Ridge Lane Roadway Resurfacing - 1030 Feet Clover Ridge Lane Roadway Reconstruction - 940 Feet Hamilton Lakes Drive Roadway Reconstruction - 360 Feet South Thorndale Avenue Roadway Reconstruction - 2240 Feet Arlington Heights Road Roadway Reconstruction - 1672 Feet Ketter Drive Roadway Reconstruction - 890 Feet Parkside Avenue Roadway Reconstruction - 475 Feet

REQUESTED ACTION The Tollway is requesting that the Village approve the attached letter stating their concurrence with the final project costs associated with the enhancements which were completed as part of this project.

SUMMARY AND RECOMMENDATION The costs described in the attached letter are based upon actual bid prices and final completed contract quantities for the enhancement work requested by the Village of Itasca and which has been included by the Tollway in the Contract 4629 – Illinois Route 390 from west of Park Boulevard to east of Arlington Heights Road.

I recommend that the Village Board consider providing direction to respond to the Tollway that the Village of Itasca is in agreement with the final project enhancements expenses included within this 4629 contract.

I will be in attendance at the January 22, 2019 Committee of the Whole Meeting when this is to be discussed and will be available to answer questions.

Tollway

May 15,2018

Jeff Pruyn Mayor Village of Itasca 550 W. kring Park Road Itasca, IL 60143-1795

Attention: Carrie Anne Ergo Village Administrator

Re: nlinois Tollway Construction Contract I-13-4629 trlinois Route 390 - west of Park Boulevard to east of Arlington Heights Road Elgin O'Hare Western Access @OWA) - Final Vinage Cost Participation Transmittal

Dear Ms. Ergo:

The Illinois Tollway (Tollway) has completed work associated with the above referenced contract, which includes work requested by the Village of Itasca (Village). An Intergovernmental Agreement (IGA) between the Village, Tollway, fllinois Department of Transportation (IDOT), tle County of DuPage and Addison Township for Tollway Contra ctl-13-4629 is pending.

The Village's requested elements include the following:

1. A sidewalk along Clover Ridge Lane from Millets Crossing to the South Thomdale Avenue intersection, and pedestrian ramps at all signalized and non-signalized intersections, including the intersections with South Thomdale Avenue at Hamilton Lakes Drive in the northeast and southeast quadrants, Tall Oaks Lane and Nicole Way in the southwest and southeast quadrants, and Arlington Heights Road in the northwest ard southeast quadrants, and at the intersection of Arlington Heights Road and Ketter Drive in the southwest and northeast quadrant. 2. Enhanced noise wall panels (leaf forrn liner) along the south side of Illinois Route 390. 3. Special form liner signage ("Village of Itasca') on the north parapet of the westbound Illinois Route 390 Bridge at Hamilton Lakes Drive, on the north parapet of the westbound Illinois Route 390 Bridge at Arlington Heigfuts Road, and on the south paxapot of the eastbound Illinois Route 390 Bridge at Arlington Heights Road. 4. Decorative lighting along the south side of South Thorndale Avenue between Hamilton Lakes Drive and Arlington Heights Road. 5. New twelve inch (12') water main on the east side of Hamilton Lakes Drive. 6. New eight inch (8") water main connection at Parkside Avenue from Arlington Heights Road to the existing water main on Parkside Avenue. 7. Black access control fencing along the south side of Ramp K3/K4, the north side of Illinois Route 390 from Harnilton Lakes Drive to Ketter Drive, and the north side of the detention basin south of South Thomdale Avenue.

It- t- tH ots ToLLwAy 27OO Ogden avenue Downers p.630.241.6800 I crove, tL 60515 | | ffV SfO.Z+t.OSaa www.illinoistollway.com Village of Itasca I-134629, Final Cost Participation Page 2 of 2 May 15, 2018

Based upon final measurements and actual costs, the cost for Village requested work is $194,582.11 for construction, $9,155.28 (5% of construction costs) for preliminary and design engineering, and $19,458.21 (10% of constnrction costs) for consfuction engineering, for a total cost of $223,1t5.60. The total cost is S12,046.10 less than the estimate in the IGA.

As described in the above referenced IGA, the cost of the Village requested work is to be offset by the appraised value of Parcel Eo-lB-12-905 ($47,000.00) acquired by the Tollway from the village as a Permanent Easement for the construction of Contract I-13-4629. This amount will be credited to the Village requested work as part of Contract l-134629, resulting in the total amount owed by the Village to the Tollway of $176,195.60.

The following documents are being provided or are available upon request as noted for your information and use as supporting information for the cost participation:

1 Contract I-134629 Plan and Final Cost Participation Summary.

2. Draft IGA between the Tollway, IDor, DrPage county, Addison Township and the village for Contract I- I 3-4629.

3. Original Plan Quantities and Final Quantity Backup Documentation (not attached; available upon request)

a. Contract l-134629 Plan Backup Documentation, provided by Design Section Engineer CH2M.

b. Contract I-13 -4629 Fnal Quantity Backup Documentation, provided by Construction Manager BLA, Inc.

Please review and provide any comments that you may have by May 3 I , 20 I 8 . If you have any questions or need firther information, please contact t,he Tollway's Project Manager, Manar Nashi{ at (630)241-6800 ext. 3841 or via email at [email protected].

Sincerely,

Q"---e(r..r--,-*

Paul D. Kovacs, P.E. Chief Engineering Officer

PDtrTmon

Enclosure: Contract I-134629 Cost Participation Summary Sheets and IGA cc: Rocco Zucchero, Manar Nashif, Scott Marquardt - HR Green

03.4629.05.04 LT_Tollway_PDK_4629-FinalCostParticipation-Itasca_05 I 520 I 8 Elgin O'Hare Western Access: Contract I-13-4629, Illinois Route 390 from west of Park Boulevard to east of Arlington Heights Road IGA Executed Agreement with Tollway, Itasca and DuPage County

Estimated Design Costs * $10,228 Estimated Construction Costs $204,558 Final Design Costs $9,155 Final Construction Costs $194,582 Estimated Const Engr Costs ** $20,456 Original Total Estimate $235,242 Final Const Engr Costs $19,458 Final Total Costs $223,196

* Design Engineering Costs are calculated at 5% of Actual Construction Costs ** Construction Engineering Costs are calculated at 10% of Actual Construction Costs

ORIGINAL FINAL ACTUAL TOLLWAY VILLAGE ORIGINAL PLAN FINAL VILLAGE COST PAY ITEM (Construction) DESCRIPTION UNIT VILLAGE PLAN VILLAGE STANDARD BID UNIT PRICE RESPONSIBLE VILLAGE COST PARTICIPATION QUANTITY QUANTITY UNIT PRICE UNIT PRICE PARTICIPATION Bicycle/Pedestrian Accommodations 31101200 SUBBASE GRANULAR MATERIAL, TYPE B, 4" SQ YD 321 348 na $ 6.70 $ 6.70 $ 2,150.70 $ 2,331.60 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5" SQ FT 2,871 3135 na $ 5.75 $ 5.75 $ 16,505.38 $ 18,026.25 42400800 DETECTABLE WARNINGS SQ FT 192 364 na $ 32.00 $ 32.00 $ 6,144.00 $ 11,648.00 Total $ 24,801.00 $ 32,005.85 Leaf Formliner (Noise Walls) JT599036 ARCHITECTURAL FORM LINER LEAF SQ FT 1,100 1100 na $ 10.00 $ 10.00 $ 11,000.00 $ 11,000.00 Total $ 11,000.00 $ 11,000.00 Special Formliner Signage JI599021 FORM LINER TEXTURED SURFACE, LOCATION 1 EACH 1 1 na $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 JI599022 FORM LINER TEXTURED SURFACE, LOCATION 2 EACH 1 1 na $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 JI599023 FORM LINER TEXTURED SURFACE, LOCATION 3 EACH 1 1 na $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 Total $ 6,000.00 $ 6,000.00 Decorative Lighting UNIT DUCT, 600V, 3‐1C NO.2, 1/C NO.4 GROUND, (XLP‐TYPE USE), 1 1/4" DIA. 81603090 FOOT 3,250 3,604 na $ 8.40 $ 8.40 $ 27,300.00 $ 30,273.60 POLYETHYLENE X8250500 LIGHTING UNIT COMPLETE, SPECIAL EACH 30 30 na $ 3,505.80 $ 3,505.80 $ 105,174.00 $ 105,174.00 Total Cost of Decorative Lighting $ 132,474.00 $ 135,447.60 Decorative Lighting Standad Cost Differential (to be deducted from total cost of decorative lighting) UNIT DUCT, 600V, 3‐1C NO.2, 1/C NO.4 GROUND, (XLP‐TYPE USE), 1 1/4" DIA. 81603090 FOOT 3,250 3,604 na na $ 19.90 $ 64,675.00 $ 71,719.60 POLYETHYLENE 82102400 LUMINAIRE, SODIUM VAPOR, HORIZONTAL MOUNT, 400 WATT EACH 12 12 na na $560.30 $ 6,723.60 $ 6,723.60 83050825 LIGHT POLE, ALUMINUM, 47.5 FT. M.H., 15 FT. DAVIT ARM EACH 12 12 na na $2,682.40 $ 32,188.80 $ 32,188.80 83600365 LIGHT POLE FOUNDATION, METAL, 15" BOLT CIRCLE, 10" X 8' EACH 12 12 na na $1,350.00 $ 16,200.00 $ 16,200.00 83800205 BREAKAWAY DEVICE, TRANSFORMER BASE, 15 INCH BOLT CIRCLE EACH 12 12 na na $427.00 $ 5,124.00 $ 5,124.00 Z0033020 LUMINAIRE SAFETY CABLE ASSEMBLY EACH 12 12 na na $121.70 $ 1,460.40 $ 1,460.40 Total Cost of Standard IDOT Lighting to be Credited Towards Village Cost Responsibility for Decorative Lighting $ 126,371.80 $ 133,416.40 Total $ 6,103.00 $ 2,031.20 Hamilton Lakes Drive Watermain 20800150 TRENCH BACKFILL CU YD 158 158 na $ 37.30 $ 37.30 $ 5,893.40 $ 5,893.40 56103000 DUCTILE IRON WATER MAIN, 6" FOOT 19 3 na $ 92.80 $ 92.80 $ 1,763.20 $ 278.40 56103300 DUCTILE IRON WATER MAIN, 12" FOOT 479 556 na $ 109.30 $ 109.30 $ 52,354.70 $ 60,770.80 56105200 WATER VALVES, 12'' EACH 1 1 na $ 2,160.00 $ 2,160.00 $ 2,160.00 $ 2,160.00 56400600 FIRE HYDRANTS EACH 1 1 na $ 4,191.30 $ 4,191.30 $ 4,191.30 $ 4,191.30 60248900 VALVE VAULTS, TYPE A, 5'‐DIAMETER, TYPE 1 FRAME, CLOSED LID EACH 1 1 na $ 2,665.10 $ 2,665.10 $ 2,665.10 $ 2,665.10 X5610748 WATER MAIN LINE STOP, 8" EACH 2 0 na $ 5,186.25 $ 5,186.25 $ 10,372.50 $ ‐ X5630708 CONNECTION TO EXISTING WATER MAIN 8" EACH 3 2 na $ 2,711.65 $ 2,711.65 $ 8,134.95 $ 5,423.30 X5630712 CONNECTION TO EXISTING WATER MAIN 12" EACH 1 1 na $ 2,696.90 $ 2,696.90 $ 2,696.90 $ 2,696.90 Total $ 90,233.00 $ 84,079.20 Hamilton Lakes Drive Watermain 20800150 TRENCH BACKFILL CU YD 14.3 14.3 na $ 37.30 $ 37.30 $ 533.39 $ 533.39 56103000 DUCTILE IRON WATER MAIN, 6" FOOT 5 0 na $ 92.80 $ 92.80 $ 464.00 $ ‐ 56103100 DUCTILE IRON WATER MAIN, 8" FOOT 527 559 na $ 78.15 $ 78.15 $ 41,185.05 $ 43,685.85 56105000 WATER VALVES, 8'' EACH 1 1 na $ 1,105.00 $ 1,105.00 $ 1,105.00 $ 1,105.00 56400600 FIRE HYDRANTS EACH 1 0 na $ 4,191.30 $ 4,191.30 $ 4,191.30 $ ‐ 60248900 VALVE VAULTS, TYPE A, 5'‐DIAMETER, TYPE 1 FRAME, CLOSED LID EACH 1 1 na $ 2,665.10 $ 2,665.10 $ 2,665.10 $ 2,665.10 X5610748 WATER MAIN LINE STOP, 8" EACH 1 0 na $ 5,186.25 $ 5,186.25 $ 5,186.25 $ ‐ Total $ 55,331.00 $ 47,989.34 ROW Fencing JI664390 RIGHT‐OF‐WAY FENCE, TYPE 1, FUSED‐BONDED VINYL COATING FOOT 4,358 4332.7 $ 15.66 $ 18.00 $ 2.34 $ 10,197.72 $ 10,138.52 DOUBLE VEHICLE GATE, RIGHT‐OF‐WAY FENCE, TYPE 1, FUSED‐BONDED VINYL JI664399 EACH 2 3 $ 1,500.00 $ 1,946.00 $ 446.00 $ 892.00 $ 1,338.00 COATING Total $ 11,090.00 $ 11,476.52 SubTotal $ 204,558.00 $ 194,582.11

Construction Subtotal $ 204,558.00 $ 194,582.11

Design Engr Subtotal (5% of Constr) $ 10,227.90 $ 9,155.28

Constr Engr Subtotal (10% of Constr) $ 20,455.80 $ 19,458.21

Total Village of Itasca Requested Work Cost Responsibility $ 235,241.70 $ 223,195.60

Village Credit for Parcel EO-1B-12-905 $ 47,000.00

Total Village of Itasca Cost Responsibility $ 176,195.60