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R-47-04 07/12/2004RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN VILLAGE OF LEMONT AND COOK COUNTY FOR 127TH STREET RECONSTRUCTION FROM SMITH ROAD TO ARCHER AVENUE WHEREAS, the Village of Lemont and Cook County entered into an Agreement for improvements to127`h Street between Smith Road and Archer Avenue on April 8, 2002 and April 21, 2002; and WHEREAS, it has become necessary to amend the Agreement to cover additional design engineering costs incurred by the Village of Lemont; and WHEREAS, the Village of Lemont and Cook County concur with the terms of the Agreement as amended. NOW THEREFORE BE IT RESOLVED by the President and Board of Trustees that the Amendment to Agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this 12th day of July , 2004. Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: to MOLLEN, Village Clerk AYES NAYS PASSED ABSENT V v F. PIAZZA, Villjg! President THE BOARD OF COMMISSIONERS JOHN H. STROGER, JR., PRESIDENT EARLEAN COLLINS 1" Dist. BOBBIE L. STEELE 2NO Dist. JERRY BUTLER 3" Dist. JOHN H. STROGER, JR. 4' Dist. DEBORAH SIMS 5' Dist. JOAN P. MURPHY 6" Dist. JOSEPH MARIO MORENO 7" Dist. ROBERTO MALDONADO 6'" Dist. PETER N. SILVESTRI 9' Dist. MIKE OUIGLEY 10T" Dist. JOHN P. DALEY 11' Dist. FORREST CLAYPOOL 12' Dist. LAWRENCE SUFFREDIN 13' Dist. GREGG GOSLIN l4' Dist. CARL R. HANSEN 15' Dist. ANTHONY J. PERAICA 16' Dist. ELIZABETH ANN DOODY GORMAN 17" Dist. June 23, 2004 Honorable John P. Piazza, Mayor Village of Lemont 418 Main Street Lemont, IL 60439 -3788 Attn: Mr. Gary Holmes, Administrator Dear Mayor Piazza: COOK COUNTY BUREAU OF ADMINISTRATION DEPARTMENT OF HIGHWAYS Wally S. Kos, P.E. Superintendent Cook County Administration Building 69 West Washington Street 23`0 Floor Chicago, Illinois 60602 -3007 Telephone (312) 603 - 1600 -01 Fax (312) 603 -9945 Re: Amendment to Reimbursement Agreement 127`h Street Smith Road to State Street Section: 97-B5013-02-PV State Street to Archer Avenue Section: 97- B5014 -01 -PV Enclosed for execution by the Village of Lemont are two (2) copies of an Amendment Agreement for the reimbursement to the Village for the County's share of design engineering costs as more fully described in said Amendment Agreement for County's above referenced project. Please sign the Agreements where indicated, have them attested to and return them to the attention of Mr. Rodney Bettenhausen, Advance Planning and Agreements Division, Room 2340. Attach a certified copy of the Village Board of Trustees minutes authorizing the signator to commit for the Village . We will then present the Agreement to the Board of County Commissioners with a Resolution to be attached and made part thereof, which will authorize and bind the Village and the County, their respective successors and assigns, to their respective obligations herein. Mr. Bettenhausen can be reached at 312 - 603 -1655 should you have any questions. We will return one copy following approval by the County Board of Commissioners. Very truly yours, Wally S. K P.E. Superinten. -nt of Highways Cook County, Illinois Enclosures AMENDMENT TO AGREEMENT THE COUNTY OF COOK THE VILLAGE OF LEMONT 127th STREET Smith Road to State Street Section: 97-B5013-02-PV State Street to Archer Avenue Section: 97- B5014 -01 -PV This Agreement Amendment, 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 in the State of Illinois, hereinafter called "VILLAGE ". WITNESSETH Whereas, the VILLAGE and COUNTY entered into an Agreement for improvements along 127th Street on April 8, 2002 and April 21, 2002, respectively, hereinafter "AGREEMENT"; Whereas, the AGREEMENT specified the improvement scope, responsibilities for right -of -way acquisition, costs and obligations for design engineering and construction; Whereas, the VILLAGE is Lead Agency for Phase II engineering, including preparation of construction plans and specifications for the improvement; Whereas, the VILLAGE has incurred additional costs for supplemental design engineering, including surveys, plan revisions, specifications and special provisions for the section State Street to Archer Avenue that were not in the original AGREEMENT, said additional design engineering costs estimated as $40,000.00; Whereas, the COUNTY concurs with said additional costs as presented; Now, Therefore, in consideration of the mutual covenants contained herein and the above recitals and other good and valuable considerations, the parties hereto agree as follows: It is mutually agreed that the above Recitals are incorporated herein and made part hereof. The following is amended into the AGREEMENT and all other portions of the AGREEMENT not specifically addressed in the following shall remain in effect and unaltered: Under Article "4. The COUNTY shall:" subsection a., the COUNTY's obligation is amended by increasing its share of design engineering costs for the State Street to Archer Avenue section from $67,000.00 to the following: 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 and 100% of any design engineering cost increases for each Phase II section not otherwise funded in whole or in part by other sources, subject to prior review and approval by COUNTY (COUNTY share estimated as $107,000.00 for the State Street to Archer Avenue section and $47,000.00 for the Smith Road to State Street 127th STREET Section: 97-B5013-02-PV Section: 97-B5014-01-PV -2- section), said payments to be on a progressive basis (costs beyond the original and Supplement #1 contract amount shall not be reimbursed without prior notification and approval by the COUNTY); and, The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Amendment. RECOMMENDED BY: 1 APPROVED AS TO FORM: Richard A. Devine, State's Attorney erintendent jf ighways EXECUTED BY COUNTY: John H. Stroger, Jr. President Board of County Commissioners Assistant State's Attorney EXECUTED BY VILLAGE OF LEMONT: This day of A.D. 2004. This _ day of A.D. 2004. ATTEST: ATTEST County Clerk (SEAL) T:\AGRM\agreement \85013 -02 -PV Agrmt Amend Lemont.doc Village Cler ( SEAL )