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R-24-97 Approving An Agreement For Roadway Improvements AndJjurisdictional Transfer Of 127th StreetRESOLUTION -a{-97 RESOLUTION APPROVING AN AGREEMENT FOR ROADWAY IMPROVEMENTS AND JURISDICTIONAL TRANSFER OF 127TH STREET WHEREAS, the Village of Lemont and Cook County acknowledge that major roadway improvements are required on 127th Street to accommodate the increased traffic anticipated upon the completion of the I -355 interchange; and WHEREAS, the Village of Lemont and Cook County are entering into an agreement for the improvement of 127th Street from Smith Road to Archer Avenue and the transfer of jurisdiction of 127th Street, in two stages, from Smith Road to State Street and from State Street to Archer Avenue to the municipal street system of Lemont; and WHEREAS, the 127th Street Agreement is attached as Supplement #1. NOW,'1'HLREFORE BE IT RESOLVED THAT the Village President and Village Clerk are authorized and directed to execute the LOCAL AGENCY AGREEMENT FOR JURISDICTION TRANSFER. NOW, THEREFORE BE IT FURTHER RESOLVED THAT upon the elapse of 21 days from the date of acceptance of an improvement following from final inspection, jointly with the County of Cook, the Village of Lemont, in stages, take jurisdiction of 127th Street, in its entirety, from Smith Road to State Street and from State Street to Archer Avenue and it shall then and thereafter become a municipal street of this municipality; and, that this municipality shall maintain said street as it is accepted from the east edge of Smith Road pavement to the west edge of State Street pavement and from the east edge of State Street pavement to the west edge of Archer Avenue pavement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 28th day of April , 1997. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT ENE SMOLLE , Village Clerk Approved by me this 28th day of A 997. Attest: CHARD A. KWASNESKI, Village President CHARLENE SMOLLEN, Village Clerk Illinois Department of Transportation LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER Local Agency No.1 (Conveyor) Local Agency No. 2 (Recipient) Municipality Municipality LEMONT County COOK County Section Number 97- 85013 -02 -PV Section Number In accordance with authority granted in Section 4 -409 of the Illinois Highway Code, this agreement is made and entered into between the above Local Agency No. 1, hereinafter referred to as "CONVEYOR ", and the above Local Agency No. 2, hereinafter referred to as "RECIPIENT ", to transfer the jurisdiction of the designated location from the CONVEYOR to the RECIPIENT. Name 127th Street Location Description Route B50 Length Miles 2.87 (7.63 Kilometers) Termini Smith Road (CH V67 Will /Cook County Line) to Archer Avenue (SAR 166/FA 5), in its entirety. This transfer includes and assigns the maintenance responsibilities of. Cook County to the Village of Lemont for the proposed Illinois State Toll Highway Authority bridge over Toll Highway 1 -355. WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7 -101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the ordinance, and WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5 -105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the resolution, and THE CONVEYOR AGREES to prepare a map of the above location and attach a copy of such location map hereto. IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective upon: the elapse of 21 days from the date of acceptance of an improvement following from final inspection, jointly, with Conveyor Cook County and Recipient for the limits of each project as completed. (Notice of transfer date to be forwarded to the Illinois Department of Transportation by Cook County.) Cook County Sections: 97- B5013 -02 -PV (Smith Road to State Street) and 97- B5014 -01 -PV (State Street to Archer Avenue). Supplements Additional information and stipulations are hereby attached and identified below as being a part of this agreement. Supplements: #1 STIPULATIONS, #2 MAP, #3 VILLAGE ORDINANCE and #4 COOK COUNTY RESOLUTION. BLR 1602 (9/89) revised CCHD 11/96 Illinois Department of Transportation LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER Local Agency No.1 (Conveyor) Local Agency No. 2 (Recipient) Municipality Municipality LEMONT COOK COUNTY County 127th STREET IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of thr parties hereto, their successors and assigns. APPROVED BY CONVEYOR: COOK COUNTY John H. Stroger, Jr., President Board of County Commissioners Title .,ga P ! s i . - EXECUTED BY COUNTY: Signatu t� � 41.41. or THIS day of THIS . thday of April APPROVED BY RECIPIENT: VILLAGE OF LEMONT Name Ri _.rd A. Kwasneski A.D. 199 (SEAL) A.D. 199 7 ATTEST: ATTEST: APPROVED: SEAL County Clerk Village Clerk STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: date James C. Slifer, Director APPROVED: APPROVED AS TO FORM: Richard A. Devine, State's Attorney Superintendent of Highways By: Assistant State's Attorney 81.8 1602 9/89 revsed CCHD 11/96 -2- 127th Street 97- B5013 -02 -PV 97- B5014 -01 -PV AGREEMENT SUPPLEMENT #1 This Agreement defines the responsibilities of Cook County and the Village of Lemont for accomplishing and subsequently operating the proposed improvement. 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 Smith Road to State Street (County Section 97- B5013- 02 -PV) and the second stage from State Street to Archer Avenue (County Section 97- B5014- 01 -PV). The scope of each project to be determined from an approved Phase I Preliminary Engineering Study including, but not limited to, pavement cross section and material, type of drainage system, traffic controls, availability of right -of- way, utility adjustments and other necessary highway appurtenances. The obligation of the Village of Lemont (hereinafter VILLAGE) and the County of Cook (hereinafter COUNTY) are as follows: 1. The VILLAGE shall: a. Secure approval and funding for a Phase I Preliminary Engineering Study for improvement section from Smith Road to State Street from the Southwest Council of Mayors, obtain all Council, COUNTY, Illinois Department of Transportation (IDOT) and Federal approvals for this phase of the project, act as lead Agency in the Federal Agreement therefrom and be bound by the terms of said Agreement including the selection of the Phase I Engineer; b. Prior to negotiation, secure COUNTY approval of the Phase I and Phase II Engineers and prior to execution, submit the proposed Phase I or Phase II contract to the COUNTY for review and approval; c. Supervise the Phase I Preliminary Engineering Study and submit same to the COUNTY for approval; d. Secure approval and funding for Phase II Design Engineering for the improvement section from Smith Road to State Street from the Southwest Council of Mayors, obtain all Council, 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; e. After the approval of the Phase I Study, repeat 1.b. and upon COUNTY approval, supervise the Phase II engineering to prepare construction plans, specifications and estimates in a format acceptable to the COUNTY for the improvement section 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; 127th Street 97- B5013 -02 -PV 97- B5014 -01 -PV SUPPLEMENT #1 f. Upon notice of approval from the COUNTY, transfer to the COUNTY original construction plans (Mylars), specifications and construction cost estimate as well as sixty (60) copies of said plans and ten (10) sets of contract documents for use in bidding the improvement; g. Secure funding for the Phase III Construction of the improvement section from Smith Road to State Street ($1,000,000.00) from the Southwest Council of Mayors, obtain Council, IDOT and Federal approvals for this phase of the improvement; h. In regards to funding of the improvement section from State Street to Archer Avenue, the Village hereto agrees to use every effort at its disposal to secure additional funding from the Southwest Council of Mayors at a later date; i. In the event that Federal funding in 1.h. cannot be secured, the VILLAGE shall pay forty (40 %) of the construction costs for the improvement, terms of said payment to be negotiated at a later date; j. Upon securing funding referenced in 1.h., repeat the requirements of 1.b., 1.c., 1.d., 1.e., 1.f. and 1.g. execpt that they now apply for the improvement section from State Street to Archer Avenue and the amount of Phase III funding is at the discretion of the Southwest Council of Mayors; k. Acquire all right -of -way necessary for the each improvement including required easements according to the standards and procedure required by both the Federal Agreement and the Illinois Department of Transportation, all at no cost or obligation to the COUNTY; I. Be responsible for all public notification and coordination of the project scope, timing and duration, for each project through all Phases of the project; m. Pay one hundred (100 %) percent for any VILLAGE initiated infrastructure improvements (sidewalk, street lighting, watermain, sanitary sewer, etc.) included in each project (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 cost); n. 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 same, and to participate in the final inspection of each improvement section as completed; o. Assume maintenance of each improvement section of 127th Street fourteen (14) days from the date of acceptance from final inspection, jointly by the VILLAGE and the COUNTY; p. Pass the Ordinance, or one substantially like the proposed Ordinance attached hereto as SUPPLEMENT #3, to accept jurisdiction of 127th Street, in two stages, from Smith Road to State Street and from State Street to Archer Avenue, in its entirety, effective twenty -one (21) days from the date of acceptance from final inspection, jointly, of the improvement; Ordinance is to be passed at the same Village Board meeting as the one this agreement is executed by the VILLAGE; authorized by enabling minutes of the Village Board (to be attached to the Agreement); -2- 127th Street 97- B5013 -02 -PV 97- B5014 -01 -PV 2. The COUNTY shall: SUPPLEMENT #1 a. Be cosignator of the Federal agreements as the source of Local Agency matching share, act as lead Agency in the Phase III construction and appropriate sufficient monies to fund its obligations in each Phase; b. Pay thirty (30 %) percent of the costs for each Phase I section as the Local Agency sharing in the cost of the project (COUNTY share estimated as $37,500 for the Smith Road to State Street section and $50,000 for the State Street to Archer Avenue 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); c. Review and approve the Phase I Preliminary Engineering Study; d. Pay thirty (30 %) percent 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 $45,000 for the Smith Road to State Street section and $65,000 for the State Street to Archer Avenue 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); e. Review and approve the Phase II Engineering plans, specifications and estimates submitted by the VILLAGE; f. Pay sixty (60 %) percent of the Phase III costs as the Local Agency sharing in the cost of the construction and construction engineering cost for the improvement section from Smith Road to State Street (COUNTY share estimated as $1,450,000); g. In regard to the improvement section from State Street to Archer Avenue, pay sixty (60 %) percent of the construction and construction engineering costs regardless of the funding source for the remaining forty (40 %) percent of construction costs (COUNTY share estimated as $2,000,000); h. 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; i. Pass the Resolution, SUPPLEMENT #4, concurrently with the COUNTY's execution of this agreement, to remove 127th Street from Smith Road to Archer Avenue from COUNTY maintenance effective fourteen (14) days from the date of acceptance, said acceptance to be from final inspection, jointly by the COUNTY and the VILLAGE and from COUNTY jurisdiction, effective twenty -one (21) days from final acceptance, jointly, of the completed project; and, Following execution of this agreement by the VILLAGE and the COUNTY, in that order, submit three (3) copies to the Illinois Department of Transportation for requisite approval as to the change of jurisdictional responsibility of 127th Street. -3- 127th Street 97- B5013 -02 -PV 97- B5014 -01 -PV SUPPLEMENT #1 3. The COUNTY further agrees to expedite the construction of the improvement section from Smith Road to State Road to its earliest possible date but said date shall not be before December 1, 1998. 4. By executing this agreement, the VILLAGE further agrees to accept the assignment of the COUNTY's maintenance responsibilities for the bridge and traffic signals at the 1 -355 interchange delineated in the NORTH -SOUTH TOLLWAY EXTENSION INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE COUNTY OF COOK executed March 6, 1996; by reference hereto made part of the agreement hereof and to pass a Resolution so stating said acceptance of assignment (to be attached hereto). 5. By executing this agreement, the VILLAGE further agrees to enter into agreement with IDOT to add the traffic signals at the intersection of State Street and 127th Street to its Master Agreement covering maintenance and energy responsibilities. 6. By executing this agreement, the VILLAGE affirms its intent to accept jurisdiction of Smith Road from 135th Street to 127th Street subject to: a. incorporation of property adjacent to Smith Road into the VILLAGE limits; and, b. an improvement by the COUNTY, the scope to be determined at a later date. 7. The COUNTY and the VILLAGE agree that their respective successors and assigns shall be bound by the terms of this agreement. 8. This Agreement and the covenants contained herein shall become null and void in the event a contract for construction work stated herein in not awarded as follows: 127th Street 127th Street Smith Road to State Road July 1, 2001 State Road to Archer Avenue July 1, 2002 111th St 00\\ WILL COUNTY I27th St. JURISDICTIONAL TRANSFER FROM COOK COUNTY TO VILLAGE OF LEMONT SUPPLEMENT 2 Smith Road (Will/Cook County Line) to Archer Avenue (SAR 166/FA 5) 11 ( 7-...- 1.3 .L _ .. c .-...- I - AL - --- - ..._. . .,.• .322..! 1:3 (/3 Lon, ,/ WILL COUNTY • — ■10... • • SUPPLEMENT #4 I, DAVID D. ORR, County Clerk of Cook County, in the State of Illinois aforesaid and keeper of the records and files of said Cook County, do hereby certify that the Board of Commissioners of The County of Cook, at their regular meeting held on , 1997, passed the following Resolution: RESOLUTION Resolved that the President of the Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, is hereby authorized and directed by the Members of said Board to execute, by original signature or his authorized signature stamp, three copies of an agreement with the Village of Lemont wherein the County will improve 127th Street (County Highway B50) from Smith Road to Archer Avenue, said agreement attached; and the Village of Lemont is to assume jurisdiction and maintain 127th Street, in its entirety, from the Smith Road to Archer Avenue; the Department of Highways is directed to take the necessary action called for under the terms of the agreement (Section: 97- B5013 -02 -PV and 97- B5014- 01 -PV); all of which appears from the records and files of my office. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, this day of A.D. 1997. County Clerk SEAL NORTH -SOUTH TCLLWAY EXTENSION INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE COUNTY OF COOK THIS AGREEMENT, made and entered into this ell day of inaLrcL A.D. 19f4,, by and between the COUNTY OF COOK, hereinafter called the COUNTY and THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, hereinafter called the AUTHORITY. WITNESSETH: WHEREAS, the AUTHORITY, an instrumentality and administrative agency of the State of Illinois, has been created and derives its power and authority pursuant to the Toll Highway Act, Illinois Complied Statutes, Ch. 605, Section 10/1 et seq. (hereinafter referred to as the "ACT"); and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the AUTHORITY is planning to undertake the construction of an extension of the North -South Tollway from Interstate 55 to Interstate 80 near New Lenox Illinois (hereinafter referred to as the "TOLL HIGHWAY "); and ■ ■ — "1 of 2 Duplicate Originals" — ( F:\ ENG _NWGREEMTS\SOEXT\COOKCO.AGR., } -1 - Final February 1, 1996 WHEREAS, construction of the TOLL HIGHWAY will require substantial modifications to 127.th Street, County Highway B50 which is under the jurisdiction of the COUNTY, where it crosses the proposed TOLL HIGHWAY; and WHEREAS, AUTHORITY Contract CIP -93 -702 (hereinafter referred to as the "PROJECT") includes construction of the following improvements to 127th Street (as shown on the approved plans). a. Construction of an overpass structure to carry 127th Street over the TOLL HIGHWAY (as shown in Exhibit "B ", attached hereto and made a part thereof). b. Construction of a full diamond interchange between the TOLL HIGHWAY and 127th Street. WHEREAS, the AUTHORITY and COUNTY, by this instrument, desire to determine and establish their respective responsibilities toward engineering, right -of -way acquisition, relocation of existing utilities, construction, funding, and future maintenance of the PROJECT improvements as proposed; and WHEREAS, the COUNTY, by virtue of its powers as set forth in 605 ILCS 5/5 -101, et seq., and the AUTHORITY, by virtue of its powers as set forth in "AN ACT in relation to the construction, operation, regulation, and maintenance of a system of toll highways, etc." 605 ILCS 10/1, et seq. are authorized to enter into this Agreement; and ( F:1 ENG _NWGREEMTS\SOEXT\COOKCO.AGR., ) 2 Final February 1, 1996 WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized and encouraged by Article VII, Section 10 of the Constitution and the "Intergovernmental Cooperation Act ", 5 ILCS 220/1, et seq.); NOW, THEREFORE, in consideration of the mutual covenants contained herein and the above recitals and other good and valuable consideration, the parties hereto agree as follows: ENGINEERING 1. The AUTHORITY, at its sole cost and expense, will perform all necessary engineering for the PROJECT, including but not limited to preliminary and final design, necessary surveys, and prepare final plans and specifications for the PROJECT. During the design and preparation of the plans and specifications and the contract documents, and other related engineering procedures, the AUTHORITY shall submit the plans and specifications to the COUNTY for review and approval at the following stages of plan preparation: 1. 50% Complete (Preliminary) 2. 95% Complete (Pre - final) 3. Final During the review of the Plans and Specifications, the COUNTY may request that supplemental work not included in the Plans and Specifications that will increase the total cost of the PROJECT, or a more costly substitute work (hereinafter {F:1ENG NWGREEMTS\SOEXT\COOKCO.AGR., } 3 Final February 1, 1996 "betterments "), be added to the PROJECT. The COUNTY shall make a written request for the inclusion of said betterments with a commitment to pay for the cost thereof. The cost of the betterment work shall include associated design, engineering, construction engineering right -of -way and construction costs. The AUTHORITY will include the supplements into its contract provided the cost thereof is agreed to by both parties and said betterments do not delay the AUTHORITY's construction schedule. 2.a. The COUNTY shall review the plans and specifications within twenty (20) working days of its receipt thereof. After review, at each stage, the COUNTY will send a letter to the AUTHORITY indicating its approval, or will notify the AUTHORITY in writing of its disapproval. Approval by the COUNTY shall mean the COUNTY agrees with all specifications in the plans, including alignment and location of the PROJECT improvements which impact COUNTY maintained highways. In the event of disapproval, the COUNTY will detail in writing its objections to the proposed plans and specifications for review and consideration by the AUTHORITY. If the AUTHORITY receives no written or verbal response or a written request for a time extension within twenty (20) working days, the proposed plans shall be deemed approved by the COUNTY. Any approved changes shall be considered a part of the plans and specifications. 2.b. The AUTHORITY agrees to provide a written response to the COUNTY's request for extension within fifteen (15) working days of receipt thereof. ( F:\ ENG _NWGREEMTSISOEXTICOOKCO.AGR., } - 4 - Final February 1, 1996 3. Any dispute concerning plans shall be resolved in accordance with Section VII. 4. The final approved plans and specifications for the PROJECT (hereinafter referred to as the "Plans and Specifications ") shall be delivered to the COUNTY by the AUTHORITY twenty (20) working days prior to award. 5. The AUTHORITY agrees to assume the overall PROJECT responsibility of assuring that all permits (Corps of Engineers, Division of Water Resources, Metropolitan Water Reclamation District, County, Federal Aviation Administration, 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. Both parties hereto agree to cooperate, insofar as their individual jurisdictional authorities allow, with the timely acquisition and clearance of said permits and agreements and in complying with all applicable Federal, State, and local regulations and requirements pertaining to work proposed in the PROJECT. II. RIGHT -OF -WAY 1 . The AUTHORITY shall perform all survey work and prepare all parcel plats and legal descriptions for all right -of -way (both permanent and temporary) necessary for the construction of the PROJECT pursuant to the Plans and Specifications. { F: 1ENG _NWGREEMTS\SOEXT\COOKCO.AGR., ) - 5 Final February 1, 1996 The COUNTY shall grant to the AUTHORITY by appropriate conveyance document or other appropriate instrument X such permanent and temporary easements which the AUTHORITY may deem reasonably necessary for the construction operation or maintenance of the PROJECT. The COUNTY grants to the AUTHORITY the right to enter upon and use land which the COUNTY has an interest within the proposed PROJECT corridor right -of -way or adjacent thereto, in which the COUNTY has an interest, as may be necessary or desirable to expedite construction of the PROJECT. 2. a. The COUNTY reserves the right to approve the transfer of property to the COUNTY by the AUTHORITY, prior to said transfer of said property. b. Right -of -way acquired exclusively for improvements to 127th Street or for other property or improvements to be maintained by the COUNTY (if needed), shall be acquired in the name of the AUTHORITY free and clear of all encumbrances and liens; and appropriate property interests shall be conveyed by the AUTHORITY to the COUNTY by quit claim deed which shall include a public dedication, after construction of the TOLL HIGHWAY prior to the COUNTY accepting maintenance of said property and improvements. c. The AUTHORITY right -of -way requirements, or a portion thereof, required for the 127th Street improvements are depicted by parcel number in Exhibit { F:\ ENG _NWGREEMTS\.SOEXT\COOKCO.AGR., } 6 Final February 1, 1996 "A° (which may be amended by the AUTHORITY from time to time) which is attached hereto and made a part hereof this Agreement. 3. All necessary right -of -way (both permanent and temporary) for the construction of the PROJECT, pursuant to the approved plans and specifications, not currently owned by the COUNTY shall be acquired by the AUTHORITY at its sole cost and expense. Right -of -way costs shall include the purchase price thereof, as well as the costs of negotiations, appraisals, appraisal fees, title evidence, relocation assistance and payment, property management, such legal fees and expenses and such other incidental costs and expenses as may be reasonably necessary to acquire said right -of -way. 4. It is understood that the AUTHORITY has not consented in this Agreement to the transfer of any interest in AUTHORITY property or right -of -way which the AUTHORITY deems necessary for the maintenance and operation of its Toll Highway system. 111. UTILITY RELOCATION 1. The AUTHORITY shall identify all adjustments to existing utilities necessitated by the construction of the PROJECT as part of its PROJECT engineering responsibilities. { F:\ ENG _N\AGREEMTS\SOEXT\COOKCO.AGR., } .7 Final February 1, 1996 2. The AUTHORITY agrees to provide the COUNTY, as soon as they are identified, the locations (existing and proposed) of public and /or private utility facilities within existing COUNTY highway rights -of -way which require adjustment as part of this project. 3. The AUTHORITY will make all necessary arrangements and enter into all necessary agreements for the adjustment, modification removal and relocation of utilities (both public and private) impacted by AUTHORITY Toll Highway PROJECT improvements, at no cost to the COUNTY. The AUTHORITY will review and approve utility relocation plans prior to the Utility's application for a COUNTY Utility Permit. 4. The COUNTY agrees to review and issue all permits for PROJECT required adjustments to existing utilities located within existing COUNTY rights -of -way, and on proposed COUNTY rights -of -way where COUNTY improvements to COUNTY highways are being incorporated into the PROJECT, at no expense to the AUTHORITY. 5. The AUTHORITY agrees to review and issue all permits for PROJECT required adjustments to utility facilities located on existing AUTHORITY rights -of -way, and on proposed AUTHORITY rights -of -way which are outside areas of COUNTY jurisdiction where improvements to AUTHORITY facilities are proposed to be done as part of the PROJECT, at no expense to the COUNTY. { F:\ ENG _N\AGREEMTS\SOEXT\COOKCO.AGR., ) 8 Final February 1, 1996 IV. CONSTRUCTION 1. The AUTHORITY shall advertise and receive bids. The COUNTY shall have the right to review the bids (for work to be funded wholly or partially by the COUNTY) before award. The AUTHORITY shall award the contract(s), provide construction, engineering and inspection services for and cause the PROJECT to be constructed in accordance with the Plans and Specifications. 2. a. After award of the construction contract(s), any proposed changes from the Plans and Specifications that affect the COUNTY shall be submitted to the COUNTY for approval prior to commencing such work. The COUNTY shall review the proposed changes and indicate its approval or disapproval thereof in writing. If the proposed changes to the Plans and Specifications are not acceptable, the COUNTY shall detail in writing its specific objections. If the AUTHORITY receives no written or verbal response or written request for time extension from the COUNTY within five (5) working days after delivery to the COUNTY of the proposed change, the proposed change shall be deemed approved by the COUNTY. Any approved changes shall be considered a part of the Plans and Specifications. b. The AUTHORITY agrees to provide written response to the COUNTY's request for time extension within five (5) working days of receipt thereof. 3. The AUTHORITY shall provide fifteen (15) working days written notice to the COUNTY prior to commencement of work on the PROJECT. ( F:\ ENG _NWGREEMTStSOEXT\COOKCO.AGR., ) - 9 - Final February 1, 1996 4. The AUTHORITY shall require that the COUNTY, the COUNTY's agents and employees be included as additional named insured parties in all insurance AUTHORITY requires of its Contractor(s) and that the COUNTY will be added as an additional named protected party on all performance bonds required of the contractor. Copies of said insurance policies and bonds shall be delivered to the Superintendent of Highways of the COUNTY prior to commencement of construction. This requirement shall be included in the Special Provisions of the construction contract. 5. During the progress of the work the COUNTY and its authorized agents shall have all reasonable rights of inspection (including prefinal and final inspection) and access to AUTHORITY construction inspection records for PROJECT work affecting the COUNTY's Highway System. The COUNTY shall assign personnel to perform inspections on behalf of the COUNTY of all work included in the PROJECT affecting the County Highway System, and will deliver written notices to the Chief Engineer of the AUTHORITY identifying, by name, each such COUNTY representative and his or her corresponding contract or area of responsibility. AUTHORITY notices concerning the work will be given to the duly designated COUNTY representative(s). No inspection approvals of the specifications or the work by the COUNTY or its employees or agents shall relieve the AUTHORITY's contractor(s) of responsibility and liability for the proper performance of the work as determined by the AUTHORITY; and AUTHORITY inspections and approvals shall not be considered { F:\ ENG _NWGREEMTS\SOEXT\COOKCO.AGR., } - 10 - Final February 1, 1996 a waiver of any right the COUNTY may have pursuant to this Agreement. All COUNTY communications and correspondence with the AUTHORITY's contractors or relating to a contract shall be through the AUTHORITY, unless otherwise specifically approved by the Chief Engineer of the AUTHORITY. In the event the COUNTY representative discovers County Highway related work that is not being performed or has not been performed in accordance with the Plans and Specifications, he or she shall promptly notify the Chief Engineer of the AUTHORITY or the Chief Engineer's duly designated representative. The above not withstanding, the COUNTY'S failure to identify work not performed in accordance with the Plans and Specifications by the date the AUTHORITY makes final payment to its PROJECT contractor, shall be deemed a waiver by the COUNTY of any rights, actions and remedies the COUNTY may have against the AUTHORITY for said work. 6. The AUTHORITY shall give notice to the COUNTY upon completion of 70% and 100% of all PROJECT construction contracts to be subsequently maintained by the COUNTY, and the COUNTY shall make an inspection thereof not later than seven (7) working days after notice thereof. At the request of the COUNTY, the AUTHORITY representative shall join in such inspection. In the event said inspections or joint inspection disclose such work that does not conform to the final Plans and Specifications, the COUNTY's representative shall give immediate verbal notice to the AUTHORITY'S representative of any deficiency, and shall thereafter deliver, within five (5) working days, a written list identifying such deficiencies to the Chief Engineer of the AUTHORITY. The AUTHORITY'S Chief Engineer jointly with { F:\ ENG _N\AGREEMTS\SOEXT\COOKCO.AGR., } Final February 1, 1996 the Superintendent of Highways shall determine whether the listed work is in fact deficient, and his determination shall be final. Work determined deficient shall be subject to joint reinspection upon completion of corrective work. 7. During the construction of the 127th Street improvements and bridge, the Authority agrees to maintain 127th Street open to traffic at all times. V. FINANCIAL 1. The AUTHORITY agrees to pay all design engineering, right -of -way and construction costs for the PROJECT subject to reimbursement by the COUNTY as hereinafter stipulated, or as a subsequent amendment to be attached hereto unto. 2. Either the AUTHORITY or the COUNTY may, after the construction contracts are let by the AUTHORITY, request that supplemental work, that increases the total cost of the PROJECT, or more costly substitute work, be added to the construction contract; and the AUTHORITY will cause said supplemental work or such substitute work to be added to the construction contract(s), provided that said work will not delay construction of the PROJECT improvements. The party requesting or causing said non - essential supplemental work or more costly substitute work to be incorporated into the AUTHORITY'S construction contracts shall pay for the cost increases of said work, in addition to the costs otherwise provided in this Agreement to be paid by the party. { F:\ ENG _NWGREEMTS\SOEXT\COOKCO.AGR., ) -12 Final February 1, 1996 VI. MAINTENANCE 1. Upon completion of the work on COUNTY IMPROVEMENTS, or portions thereof, or upon opening 127th Street COUNTY IMPROVEMENTS to traffic the COUNTY will maintain 127th Street within the limits of the COUNTY IMPROVEMENTS (excluding those parts of the IMPROVEMENTS to be maintained by the AUTHORITY), including: a. The wearing surfaces of the bridge, above the top of the top layer of deck reinforcing bars, including parapets, railings, curbs and sidewalks, retaining walls for 127th Street, the approaches to the bridge structures, as well as the curbs, gutters, shoulders, slopes and embankments adjacent to the travel lanes of 127th Street, and normal appurtenances within the 127th Street right -of -way which are inaccessible by reason of access control fencing; b. All COUNTY roadway grassed and vegetated areas and embankments within the right -of -way of 127th Street; c. All traffic signals installed at the intersection with 127th Street, including energy costs; d. All guardrail within COUNTY roadway right -of -way parallel to 127th Street; e. All approach embankments and all drainage facilities on COUNTY right -of -way except drainage structures which carry exclusive Toll Highway drainage; {F:\ENG_N AGREEMTS\SOEXT\COOKCO.AGR., ) - 13 - Final February 1, 1996 f. All signs installed within 127th Street right -of -way which are intended to direct, warn or guide traffic on 127th Street. 2. After completion of the IMPROVEMENTS in accordance with the approved Plans and Specifications, the AUTHORITY shall be responsible for the following: a. All structural parts of the grade separation structure, including, but not limited to, the deck slab below the top of the top layer of reinforcing bars, bearings, beams, girders, slope walls, abutments and piers; b. All drainage facilities installed by the AUTHORITY on private property or AUTHORITY property for the purpose of carrying exclusively Toll Highway drainage; c. Pavement, shoulders, and embankments of all Tollway ramps onto and from the Toll Highway up to the paved portion of the COUNTY roadway, including drainage structures under such ramps.; d. All grassed areas and embankments within the AUTHORITY'S right -of -way lines; e. All Tollway lighting installed by the AUTHORITY, including power costs; f. All fences protecting AUTHORITY right -of -way installed by the AUTHORITY; { F:\ ENG _NWGREEMTSISOEXT\COOKCO.AGR., } - 14 - Final February 1, 1996 9. All guardrail other than that in Article V11.(d) above; h. All drainage facilities within AUTHORITY right -of -way lines, including 127th Street bridge drainage scupper down spouts. i. The AUTHORITY shall submit to review and approval of the COUNTY's traffic safety plan, grant the COUNTY reasonable and necessary access for maintenance and repair of 127th Street structure over and across AUTHORITY's right -of -way. The COUNTY shall make all reasonable efforts to avoid disruption of traffic on the Toll Highway, and except for emergency work, shall notify and obtain all necessary permits from the AUTHORITY to perform routine maintenance and repairs, which permits shall be provided at no expense to the COUNTY; j• The AUTHORITY shall provide emergency "maintenance of traffic control" to the COUNTY upon prior notice to the Chief Engineer of the AUTHORITY or his designee. Any non - emergency "maintenance to traffic control" shall be the responsibility of the COUNTY or its contractors and shall be subject to the AUTHORITY's normal permit process. 3. The parties agree that, as used herein, the term "maintenance" or "maintain" shall mean the satisfactory periodic inspection, upkeep, repair, construction, reconstruction and operation of the highway or roadway facilities, structures and {F:\ENG_N AGREEMTSISOEX1lCOOKCO.AGR., } -15 - Final February 1, 1996 right -of -way, lighting equipment and drainage facilities, as constructed, to assure their safe and continued use and preservation, including snow and ice removal and control, the removal of dirt and debris and the mowing and upkeep of grassed, vegetated and infield areas. 4. If the party responsible for said maintenance work pursuant to this Agreement fails to perform said work, then any maintenance work required to be performed by a party to this Agreement may be performed by the other party following ten (10) calendar days advance written notice to the other party identifying the work to be performed and requesting the maintenance work to be performed within Agreed upon specified time. In such event, the party who thereafter performs work required hereunder to be performed by the other party shall be entitled to prompt reimbursement of all actual costs and expenses incurred in the performance of said maintenance, and any and all expenses including reasonable attorney fees incurred in collecting said reimbursement. VII - GENERAL Wherever in this Agreement the approval or review of either the COUNTY or the AUTHORITY is provided for, said approval or review shall not be unreasonably delayed or withheld. Any dispute concerning the final plans and specifications or in carrying out the terms of this Agreement shall be resolved by a meeting of the COUNTY Superintendent ( F:\ ENG _NNAGREEMTS\SOEXT\COOKCO.AGR., } -16 - Final February 1, 1996 and the Chief Engineer of the AUTHORITY. Any dispute not resolved as provided above shall be resolved by decision of the COUNTY Board President at the direction of the Board of Commissioners and the Executive Director of the AUTHORITY, and their decision shall be final. Not later than fifteen (15) working days after the execution of this Agreement, each party shall designate a representative in writing to the other party who shall serve as the full time representative of the said party during the carrying out of the construction of the improvements. Each representative shall have the authority on behalf of such party to receive notices, make inspections and give approvals 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 and shall devote his /her best efforts and time to the work to be performed pursuant to this Agreement. THIS AGREEMENT shall be executed in six counterparts each of which shall be deemed as original. MODIFICATIONS This Agreement is not subject to modification except in writing, executed by the duly authorized representatives of the parties and pursuant to the provisions herein. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. ( F:\ ENG _NWGREEMTSISOEXT\COOKCO.AGR., ) - 17 - Final February 1, 1996 NOTICES All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To AUTHORITY: THE Illinois State Toll Highway Authority One Authority Drive Downers Grove, Illinois 60515 Attn: Chief Engineer To COUNTY: Cook County Highway Department 118 N. Clark Street, Room 1122 Chicago, Illinois 60602 -1364 Attn: Superintendent of Highways EXHIBITS THE following exhibits are attached to this Agreement and hereby incorporated by reference: Exhibit A: Right -of -Way Parcel Number List, Plats and Legal Descriptions. Exhibit B: Plan and Elevation of 127th Street Bridge. {F:\ENG_N AGREEMTS\SOEXT\COOKCO.AGR., } - 18 - Final February 1, 1996 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. EXECUTED BY: THE C TY OF COOK By: IT:A esident, Board of ounty Commissioners By: County Clerk EXECUTED BY: By: mmeoded for Execution: Superintendent of Highways DATE: AWciv (1 MC Approved as To Form amepeerretittitienehity THE ILLINOIS STATE TOLL HIGHWAY ; UTHORITY B to s Attorney, State of Illinois Ch man By: DATE: ATTEST: Approved as to Form and Consti onality {F:\ENG_N\AGR E EMTS\SOEXT\COOKC O.AGR., ey General, Stat - 19 - Final February 1, 1996 EXHIBIT "A" PARCEL NUMBERS NS- 702 -018 NS- 702 -008 NS- 702 -009 NS- 702 -116 NS- 702 -003 NS- 702 -011 NS- 702 -012 { F:\ ENG _N\AGREEMTS\SOEXT\COOKCO.AGR., } - 20 - Final February 1, 1996 CERTIFIC.GTE AS KEEPER OF RECOROS A:40 FILES--full Sleet Site STATE COUNTY OF COOIN.OIS. I, DAVID D. ORR, being the County Clerk of Cook County, in the State aforesaid and keeper of the records and files of said Cook County, do hereby certify „that The Board of Commissioners of The County of Cook at their regular meeting held on the date indicated below. sassed the followin• resolution: R E S O L U T I O N Resolved that the President of the Board of Commissioners of Cook County. Illinois on behalf of the County of Cook is hereby authorized and directed by the Members of said Board to executxe.(b} original signature or his authorized signature stamp, Eepies of an Agreement with the Illinois State Toll Highway Authority, wherein the Authority is planning to undertake the construction of an extension of the North -South Tollway from Interstate 55 to Interstate SO near New Lenox, Illinois and will require substantial modifications to 127th Street, CountyylHe gehway B50, which is under the jurisdiction of the County, crosses the proposed Toll Highway. That all the construction will be the responsibility of the Authority at no cost to the County: all of which appears from the records and files of my office. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of said County at my office in the City of Chicago in said County, thi day o • C D. 19 L Cavity Clair-