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R-43-07 Res. Approval Amend. Lemont & Cook County 127th Reconstruction Phase 1&2RESOLUTION D7 RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN VILLAGE OF LEMONT AND COOK COUNTY FOR 127TH STREET RECONSTRUCTION FROM STATE STREET TO ARCHER AVENUE (PHASE I) AND FROM SMITH ROAD TO STATE STREET (PHASE II) WHEREAS, the Village of Lemont and Cook County entered into an Agreement for improvements to 127t Street between Smith Road and Archer Avenue on April 8, 2002 and amended said Agreement on July 12, 2004; and WHEREAS, it has become necessary to amend the Agreement to cover additional design engineering costs and plan revisions incurred by the Village of Lemont as outlined in Exhibit A attached hereto; 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 Second 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 14th day of May , 2007. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio A AYES NAYS PASSED ABSENT V JOH F. PIAZZA, 'Hag resident 4A/6mi CHARLENE SMOLLEN, Village Clerk THE BOARD OF COMMISSIONERS TODD H. STROGER PRESIDENT EARLEAN COLLINS 1" Dist. ROBERT STEELE 2N" Dist JERRY BUTLER 3fl" Dist. WILLIAM M. BEAVERS 4'" Dist. DEBORAH SIMS 5'" Dist. JOAN PATRICIA MURPHY 6'" Dist. JOSEPH MARIO MORENO 7"' Dist. ROBERTO MALDONADO 6T" Dist. PETER N. SILVESTRI 9'" Dist. MIKE QUIGLEY 10" Dist. JOHN P. DALEY 11 FORREST CLAYPOOL 12'" Dist. LAWRENCE SUFFREDIN 13'" Dist. GREGG GOSLIN 14'" Dist. TIMOTHY O. SCHNEIDER 15" Dist. ANTHONY J.PERAICA 16" Dist. ELIZABETH ANN DOODY GORMAN 17" Dist. April 30, 2007 Honorable John P. Piazza Mayor Village of Lemont 418 Main Street Lemont, Illinois 60429 Attn: Mr. Gary C. Holmes Village Administrator Dear Mayor Piazza: COOK COUNTY BUREAU OF ADMINISTRATION DEPARTMENT OF HIGHWAYS Rupert F. Graham Jr., P.E. Acting Superintendent George W. Dunne Cook County Office Building 69 West Washington Street 23'd Floor Chicago, Illinois 60602 -3007 Telephone (312) 603- 1600 -01 Fax (312) 603 -9945 RE: Second Amendment to Agreement 127th Street — Smith Road to State Street Section: 97- 85013 -02 -PV And 127th Street — State Street to Archer Avenue Section: 97- 85014 -01 -PV Enclosed herewith for execution by the Village of Lemont are two (2) original copies of the Second Amendment to Agreement for the subject improvements. Please sign the Amendments where indicated, have them attested to and return both copies to the attention of Mr. Rodney Bettenhausen, Advance Planning and Agreements Division, Room 2340. Enclose a certified copy of the Village Board minutes authorizing the signatory to commit for the Village. We will then present the Amendment 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 fully executed original Second Amendment to the Village following approval by the County Board of Commissioners. Very truly yours, Rupert F. Graham, Jr., P.E. Acting Superintendent of Highways Cook County, Illinois Enclosures SECOND 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 Second Amendment to 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 in the State of Illinois, hereinafter called "VILLAGE ". WITNESSETH Whereas, the VILLAGE executed an Agreement for improvements along 127th Street on April 8, 2002 and an Amendment to Agreement on July 12, 2004 and which the COUNTY executed same on May 21, 2002 and September 21, 2004, respectively, hereinafter collectively referred to as "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 requested that the COUNTY include the installation of new sidewalk in its improvement section from Smith Road to State Street; Whereas, the VILLAGE has secured Surface Transportation Plan (STP) Federal Funding in the amount of $1,000,000.00 and VILLAGE has allocated said funds toward COUNTY's improvement construction costs, including a portion of said funds for seventy (70 %) percent of VILLAGE's sidewalk construction costs, for the improvement section from Smith Road to State Street; Whereas, the VILLAGE has incurred costs for supplemental design engineering, including plan and specification updates /revisions, additional Phase H work for the tollway interchange and plan revisions to reflect the tollway interchange for the improvement section from Smith Road to State Street that were requested by COUNTY and not in the AGREEMENT, said design engineering costs estimated as $294,428.51; Whereas, the VILLAGE has incurred additional costs for design engineering, including right -of -way revisions, exhibits for right -of -way acquisition, roadway profile revisions and maintenance of traffic revisions for the improvement section from State Street to Archer Avenue that were requested by COUNTY and not in the AGREEMENT, said additional design engineering costs estimated as $41,147.31; Whereas, the VILLAGE has incurred additional costs in assisting the COUNTY with acquiring certain right - of -way, including attorney and consultant fees, for the improvement section from State Street to Archer Avenue, said additional costs estimated as $40,000.00; Whereas, the COUNTY concurs with said costs as presented. 127th STREET Second Amendment Section: 97-B5013-02-PV Section: 97- B5014 -01 -PV -2- 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 "3. The VILLAGE shall:" subsection h. is amended and replaced as follows: 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 its share of the local match portion of said costs, and shall pay to COUNTY fifteen (15 %) percent of the costs for approximately 39,200 square feet of new concrete sidewalk (5 inch) and approximately 1,660 square feet of new concrete sidewalk (8 inch) constructed as part of the improvement section from Smith Road to State Street (estimated VILLAGE share $27,954.00); and, Under Article "3. The VILLAGE shall:" a new subsection j. is added to the AGREEMENT as follows: j. Assist the COUNTY in acquiring, at COUNTY expense, right -of -way necessary for the State Street to Archer Avenue section; and, Under Article "4. The COUNTY shall:" subsections a., d. and f. are amended and replaced as follows: a. Pay the Local Match 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 and 100% of any design engineering cost increases for each Phase II section not otherwise funded in whole or in part by other sources (excluding design engineering costs for new /relocated VILLAGE infrastructure, e.g. street lighting, water main, sanitary sewer), subject to prior review and approval by COUNTY (COUNTY share not to exceed $150,000.00 for the State Street to Archer Avenue section and $150,000.00 for the Smith Road to State Street section), said payments to be on a progressive basis when invoiced by VILLAGE (costs beyond the original, Supplement #1 and Supplement #2 contract amounts shall not be reimbursed without prior notification and approval by the COUNTY); 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, reimburse the VILLAGE for reasonable expenses it incurred in assisting the COUNTY with acquiring certain required right -of -way for the improvement section from State Street to Archer Avenue, including VILLAGE attorney and consultant fees (estimated COUNTY cost $40,000.00); and, f. Pay one hundred (100 %) percent of roadway construction costs not reimbursed by Federal funding, less any VILLAGE obligations stemming from 3.g. or 3.h. hereinbefore, and including construction engineering costs for the improvement section from State Street to Archer Avenue ($2,800,000.00 of a currently estimated $3,800,000.00) and Smith Road to State Street ($3,640,000.00 of a currently estimated $5,000,000.00); and, 127th STREET Second Amendment Section: 97-B5013-02-PV Section: 97-B5014-01-PV -3- Under Article "4. The COUNTY shall:" new subsections g. and h. are added to the AGREEMENT as follows: g. Add to the improvements provisions for new concrete sidewalk; and, h. Pay for its eighty -five (85 %) percent share of the costs for new concrete sidewalk constructed as part of the improvement section from Smith Road to State Street, estimated COUNTY share $158,406.00. A new Article 7. is added to the Agreement as follows: 7. This Agreement shall serve in lieu of a separate COUNTY Highway Permit for the sidewalk and existing/new VILLAGE infrastructure installed or improved as part of the improvements; and by execution of this Agreement, the VILLAGE shall be bound to the general terms for the COUNTY Highway Permits as they exist the date of execution of this Agreement by the COUNTY. The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Second Amendment. IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Second Amendment to be executed by their respective officials on the dates as shown. EXECUTED BY COUNTY: EXECUTED BY VILLAGE OF LEMONT: Todd H. Stroger President Board of County Commissioners This day of A.D. 2007. This day of //!/` A.D. 2007. ATTEST: ATTEST: County Clerk ( SEAL ) Village Clerk ( SEAL ) RECOMMENDED BY: Acting Superintendent of Highways APPROVED AS TO FORM: Richard A. Devine, State's Attorney Assistant State's Attorney RESOLUTION % q3 .07 RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN VILLAGE OF LEMONT AND COOK COUNTY FOR 127TH STREET RECONSTRUCTION FROM STATE STREET TO ARCHER AVENUE (PHASE I) AND FROM SMITH ROAD TO STATE STREET (PHASE II) WHEREAS, the Village of Lemont and Cook County entered into an Agreement for improvements to 127"' Street between Smith Road and Archer Avenue on April 8, 2002 and amended said Agreement on July 12, 2004; and WHEREAS, it has become necessary to amend the Agreement to cover additional design engineering costs and plan revisions incurred by the Village of Lemont as outlined in Exhibit A attached hereto; 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 Second 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. 14th day of May , 2007. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT v JO PIAZZA, Vi age dent THE BOARD OF COMMISSIONERS TODD H. STROGER PRESIDENT EARLEAN COLLINS 1" Dist. ROBERT STEELE 2M' Dist. JERRY BUTLER 3 "0 Dist WILLIAM M. BEAVERS 4' Dist. DEBORAH SIMS 510 Dist. JOAN PATRICIA MURPHY 6" Dist. JOSEPH MARIO MORENO I" Dist. ROBERTO MALDONADO 6" Dist. PETER N. SILVESTRI 9" Dist. MIKE QUIGLEY 10' Dist. JOHN P. DALEY 11' Dist. FORREST CLAYPOOL 12' Dist. LAWRENCE SUFFREDIN 13" Dist. GREGG GOSLIN 14' Dist. TIMOTHY O. SCHNEIDER 15" Dist. ANTHONY.). PERAICA 16' Dist. ELIZABETH ANN DOODY GORMAN 1710 Dist April 30, 2007 Honorable John P. Piazza Mayor Village of Lemont 418 Main Street Lemont, Illinois 60429 Attn: Mr. Gary C. Holmes Village Administrator Dear Mayor Piazza: COOK COUNTY BUREAU OF ADMINISTRATION DEPARTMENT OF HIGHWAYS Rupert F. Graham Jr., P.E. Acting Superintendent George W. Dunne Cook County Office Building 69 West Washington Street 23`d Floor Chicago, Illinois 60602 -3007 Telephone (312) 603- 1600 -01 Fax (312) 603 -9945 RE: Second Amendment to Agreement 127th Street — Smith Road to State Street Section: 97- 85013 -02 -PV And 127`h Street — State Street to Archer Avenue Section: 97- 85014 -01 -PV Enclosed herewith for execution by the Village of Lemont are two (2) original copies of the Second Amendment to Agreement for the subject improvements. Please sign the Amendments where indicated, have them attested to and return both copies to the attention of Mr. Rodney Bettenhausen, Advance Planning and Agreements Division, Room 2340. Enclose a certified copy of the Village Board minutes authorizing the signatory to commit for the Village. We will then present the Amendment 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 fully executed original Second Amendment to the Village following approval by the County Board of Commissioners. Very truly yours, Rupert F. Graham, Jr., P.E. Acting Superintendent of Highways Cook County, Illinois Enclosures SECOND 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 Second Amendment to 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 in the State of Illinois, hereinafter called "VILLAGE ". WITNESSETH Whereas, the VILLAGE executed an Agreement for improvements along 127th Street on April 8, 2002 and an Amendment to Agreement on July 12, 2004 and which the COUNTY executed same on May 21, 2002 and September 21, 2004, respectively, hereinafter collectively referred to as "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 requested that the COUNTY include the installation of new sidewalk in its improvement section from Smith Road to State Street; Whereas, the VILLAGE has secured Surface Transportation Plan (STP) Federal Funding in the amount of $1,000,000.00 and VILLAGE has allocated said funds toward COUNTY's improvement construction costs, including a portion of said funds for seventy (70 %) percent of VILLAGE's sidewalk construction costs, for the improvement section from Smith Road to State Street; Whereas, the VILLAGE has incurred costs for supplemental design engineering, including plan and specification updates /revisions, additional Phase II work for the tollway interchange and plan revisions to reflect the tollway interchange for the improvement section from Smith Road to State Street that were requested by COUNTY and not in the AGREEMENT, said design engineering costs estimated as $294,428.51; Whereas, the VILLAGE has incurred additional costs for design engineering, including right -of -way revisions, exhibits for right -of -way acquisition, roadway profile revisions and maintenance of traffic revisions for the improvement section from State Street to Archer Avenue that were requested by COUNTY and not in the AGREEMENT, said additional design engineering costs estimated as $41,147.31; Whereas, the VILLAGE has incurred additional costs in assisting the COUNTY with acquiring certain right - of -way, including attorney and consultant fees, for the improvement section from State Street to Archer Avenue, said additional costs estimated as $40,000.00; Whereas, the COUNTY concurs with said costs as presented. 127th STREET Second Amendment Section: 97-B5013-02-PV Section: 97- B5014 -01 -PV -2- 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 "3. The VILLAGE shall:" subsection h. is amended and replaced as follows: h. With regards to sidewalks, the VILLAGE can use a portion of the federal funding referenced in 3.c. hereinbefore toward sidewalk construction costs. The VILLAGE shall be responsible for its share of the local match portion of said costs, and shall pay to COUNTY fifteen (15%) percent of the costs for approximately 39,200 square feet of new concrete sidewalk (5 inch) and approximately 1,660 square feet of new concrete sidewalk (8 inch) constructed as part of the improvement section from Smith Road to State Street (estimated VILLAGE share $27,954.00); and, Under Article "3. The VILLAGE shall:" a new subsection j. is added to the AGREEMENT as follows: j. Assist the COUNTY in acquiring, at COUNTY expense, right -of -way necessary for the State Street to Archer Avenue section; and, Under Article "4. The COUNTY shall:" subsections a., d. and f. are amended and replaced as follows: a. Pay the Local Match 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 and 100% of any design engineering cost increases for each Phase II section not otherwise funded in whole or in part by other sources (excluding design engineering costs for new /relocated VILLAGE infrastructure, e.g. street lighting, water main, sanitary sewer), subject to prior review and approval by COUNTY (COUNTY share not to exceed $150,000.00 for the State Street to Archer Avenue section and $150,000.00 for the Smith Road to State Street section), said payments to be on a progressive basis when invoiced by VILLAGE (costs beyond .the original, Supplement #1 and Supplement #2 contract amounts shall not be reimbursed without prior notification and approval by the COUNTY); 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, reimburse the VILLAGE for reasonable expenses it incurred in assisting the COUNTY with acquiring certain required right -of -way for the improvement section from State Street to Archer Avenue, including VILLAGE attorney and consultant fees (estimated COUNTY cost $40,000.00); and, f. Pay one hundred (100 %) percent of roadway construction costs not reimbursed by Federal funding, less any VILLAGE obligations stemming from 3.g. or 3.h. hereinbefore, and including construction engineering costs for the improvement section from State Street to Archer Avenue ($2,800,000.00 of a currently estimated $3,800,000.00) and Smith Road to State Street ($3,640,000.00 of a currently estimated $5,000,000.00); and, 1276 STREET Second Amendment Section: 97-B5013-02-PV Section: 97- B5014 -01 -PV -3- Under Article "4. The COUNTY shall:" new subsections g. and h. are added to the AGREEMENT as follows: g. Add to the improvements provisions for new concrete sidewalk; and, h. Pay for its eighty -five (85 %) percent share of the costs for new concrete sidewalk constructed as part of the improvement section from Smith Road to State Street, estimated COUNTY share $158,406.00. A new Article 7. is added to the Agreement as follows: 7. This Agreement shall serve in lieu of a separate COUNTY Highway Permit for the sidewalk and existing /new VILLAGE infrastructure installed or improved as part of the improvements; and by execution of this Agreement, the VILLAGE shall be bound to the general terms for the COUNTY Highway Permits as they exist the date of execution of this Agreement by the COUNTY. The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Second Amendment. IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Second Amendment to be executed by their respective officials on the dates as shown. EXECUTED BY COUNTY: EXECUTED BY VILLAGE OF LEMONT: Todd H. Stroger President Board of County Commissioners This day of A.D. 2007. This day of )24.,;(.. A.D. 2007. ATTEST: ATTEST: County Clerk (SEAL) Village Clerk (SEAL) RECOMMENDED BY: Acting Superintendent of Highways APPROVED AS TO FORM: Richard A. Devine, State's Attorney Assistant State's Attorney