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R-23-02 04/08/02RESOLUTION E2. 23- o �• RESOLUTION APPROVING AGREEMENT WITH COOK COUNTY FOR THE 127TH STREET IMPROVEMENTS WHEREAS, the Village of Lemont and Cook County entered into a Local Agency Agreement and Jurisdictional Transfer on April 28, 1997 and June 3, 1997, respectively, and WHEREAS, said Agreement will lapse on July 1, 2002, and WHEREAS, the Village requests relief from the terms of said Agreement, and WHEREAS, both the Village and the County are desirous to continue to pursue the improvements to 127th Street from Smith Road to Archer Avenue, and WHEREAS, it is necessary to revise the improvement scope, responsibilities for right -of -way acquisition, costs and obligations contained in the Original Agreement. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the Agreement with Cook County attached as Exhibit A, is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 8th day of April , 2002. AYES NAYS PASSED ABSENT John Benik Debby Blatzer Peter Coules V Connie Markiewicz ✓ Steven Rosendahl ✓ Jeanette Virgilio CHARLENE SMOLLEN, Village Clerk Approved by me this 8th day of Attest: April , 2002. CHARLENE SMOLLEN, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney THE COUNTY OF COOK VILLAGE OF LEMONT AGREEMENT 127th Street Smith Road to State Street Section: 97- 85013 -02 -PV State Street to Archer Avenue Section: 97- 85014 -01 -PV This Agreement, made and entered into by and between the COUNTY OF COOK, a body politic and corporate of the State of Illinois, hereinafter called "COUNTY ", and the VILLAGE OF LEMONT, a body politic and corporate of the State of Illinois, hereinafter called "VILLAGE" WITNESSED. WHEREAS, the VILLAGE and COUNTY entered into a Local Agency Agreement for Jurisdictional Transfer on April 28, 1997 and June 3, 1997, respectively, and said Agreement was approved by the Illinois Department of Transportation (IDOT) on June 30, 1997; WHEREAS, said Agreement also encompassed improvements to 127th Street from Smith Road to Archer Avenue; WHEREAS, said Agreement will lapse on July 1, 2002; WHEREAS, the VILLAGE requested relief from the terms of said Agreement, specifically jurisdictional transfer of the roadway; WHEREAS, the COUNTY is supportive and concurs in the termination of the jurisdiction transfer of 127' Street from Smith Road to Archer Avenue required by said Agreement; WHEREAS, both the COUNTY and the VILLAGE are desirous to continue to pursue the improvements to 127`h Street from Smith Road to Archer Avenue; WHEREAS, it is necessary to revise the improvement scope, responsibilities for right -of -way acquisition, costs and obligations contained in the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the above recitals and other good and valuable considerations, the parties hereto agree as follows: 1. It is mutually agreed by the COUNTY and VILLAGE that the Local Agency Agreement for Jurisdictional Transfer executed by VILLAGE on April 28, 1997, the COUNTY on June 3, 1997 and approved by the State of Illinois on June 30, 1997 shall not be renewed. The COUNTY shall retain jurisdiction of 127"' Street from Smith Road to Archer Avenue, in its entirety. 127th Street Section: 97- B5013 -02 -PV Section: 97- 85014 -01 -PV 2. The improvements to be built by the County of Cook are described as follows: Reconstruct 127th Street between Smith Road and Archer Avenue in two stages; the first stage from State Street to Archer Avenue (County Section 97- 85014- 01 -PV) and the second stage from Smith Road to State Street (County Section 97- 85013- 02 -PV). The scope of each project shall be the reconstruction of the existing bituminous pavement to a bituminous cross section of one through lane in each direction separated by a continuous painted bituminous median and includes an enclosed drainage system, curb and gutter, sidewalk, pavement marking, traffic control, landscaping, utility adjustments, right -of -way and other necessary highway appurtenances. 3. The VILLAGE shall: a. Secure approval and funding for Phase II Design Engineering for the improvement sections from the Southwest Conference of Mayors, obtain all Conference, IDOT, and Federal approvals for this phase of the improvement, act as lead Agency in the Federal Agreement therefrom and be bound by the terms of said agreement including the selection of the Phase II engineer; and, b. supervise the Phase II engineering to prepare construction plans, specifications and estimates in a format acceptable to the COUNTY for the improvement sections from State Street to Archer and from Smith Road to State Street and submit same to the COUNTY for approval according to the following schedule: 30% complete, preliminary plans 90% complete, pre -final plans 100% complete, final plans subject to final review; c. Prepare, at VILLAGE expense, all plats and legal descriptions of rights -of -way and easements required for the improvements, obtain IDOT approval and submit same to COUNTY for use in acquiring said rights -of -way; and, d. Upon notice of approval from the COUNTY, transfer to the COUNTY original construction plans, specifications, construction documents and construction cost estimate as well as six (6) copies of said plans and ten (10) sets of contract documents for use in bidding the improvements; and, e. Secure funding for the construction of the improvement sections from Smith Road to Archer Avenue ($1,000,000.0 each) from the Southwest Conference of Mayors and obtain IDOT and Federal approvals for this phase of the improvement; and, f. Be responsible for all public notification and coordination of the project scope, timing and duration, for each project through all Phases of the project; and, -2- 127th Street Section: 97- B5013 -02 -PV Section: 97- B5014 -01 -PV 9. Pay one hundred (100 %) percent for any VILLAGE initiated infrastructure improvements (sidewalk (see 3.h.1, street lighting, watermain, sanitary sewers, etc.) included in each project. The VILLAGE is responsible for all engineering and construction costs included in the improvement plans as well as the maintenance and operations of such infrastructure. [Terms for payment are: upon award, fifty (50 %) percent of the award price for VILLAGE related items; and, upon notification from the COUNTY after completion, the remaining balance based upon actual costs]; and, h. With regards to sidewalks, the VILLAGE can use a portion of the federal funding referenced in 3.e. hereinbefore toward sidewalk construction costs. The VILLAGE shall be responsible for the local match portion (30 %) of the costs of such sidewalk; and, i. Have the opportunity to observe each project under construction, bring to the attention of the COUNTY's Resident Engineer any matters of concern with respect to the construction of VILLAGE infrastructure, and to participate in the final inspection of VILLAGE infrastructure of each improvement section as completed. 4. The COUNTY shall: a. Pay the Local Match (30 %) of the costs for each Phase II section of the project as the Local Agency sharing in the cost of the project (COUNTY share estimated as $67,000 for the State Street to Archer Avenue section and $47,000 for the Smith Road to State Street section), said payments to be on a progressive basis (costs beyond the original contract amount shall not be reimbursed without prior notification and approval by the COUNTY); and, b. Review and approve the Phase II Engineering plans, specifications and estimates submitted by the VILLAGE; and, c. Act as lead Agency in the Phase III construction and appropriate sufficient monies to fund its obligations; and, d. Acquire all right -of -way necessary for each improvement including required easements according to Federal and IDOT standards and procedures, all at no cost or obligation to the VILLAGE except as noted in 3.c. hereinbefore; and, e. Upon receipt of original plans, specifications and estimates, receive bids, award, finance, supervise construction and cause the improvement to be built in accordance with the approved plans, specifications and contract; and, f. Pay one hundred (100 %) percent of roadway construction costs not reimbursed by Federal funding, less any VILLAGE obligation stemming from 3.g. or 3.h. hereinbefore, and including construction engineering costs for the improvement section from State Street to Archer Avenue ($2,800,000.of a currently estimated $3,800,000.) and Smith Road to State Street ($2,700,000. of a currently estimated $3,700,000.). -3-