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-