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HomeMy WebLinkAboutRESOLUTION - 27-23 - 5/23/2023 - Cook County, Touhy Ave, Elmhurst Road to Mount Prospect, Intergovernmental AgreementRESOLUTION NO.27-23 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO APPROVE A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE TOUHY AVENUE INTERSECTION IMPROVEMENT PROJECT (ELMHURST ROAD TO MOUNT PROSPECT ROAD), PREVIOUSLY APPROVED UNDER RESOLUTION 28-20 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 0 PASSED this 2311 day of May 2023 APPROVED this 23rd day of May 2023 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT COUNTY OF COOK TOUHY AVENUE Elmhurst Road to Mount Prospect Road ELK GROVE VILLAGE Section: 15-34117-01-RP Federal Project No. 6CYP(041) This First Amendment to Intergovernmental Agreement (the "First Amendment") is entered into this day of Ma- 2023, by and between the County of Cook, a body politic and corporate of the State of Illinois (the "County"), acting by and through its Department of Transportation and Highways, and the Village of Elk Grove Village, a municipal corporation of the State of Illinois (the "Village"). The County and Village are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the County and Village entered into an Intergovernmental Agreement (the "Agreement") on September 24, 2020, establishing responsibilities and costs associated with improvements along Touhy Avenue from Elmhurst Road to Mount Prospect Road, identified as Section: 15-34117-01-RP (the "Project"); WHEREAS, the Agreement is incorporated into and made a part of this First Amendment and attached as Exhibit 1; WHEREAS, the Parties wish to amend certain provisions in the Agreement, including provisions relating to term and termination of the Agreement, post -Project maintenance, and reimbursement by the Village for its share of Project costs; WHEREAS, the County, by virtue of its powers as set forth in the Counties Code, 55 ILCS 5/1-1 et seq., and the Illinois Highway Code, 605 ILCS 5/1-101 et seq., is authorized to enter into this First Amendment; WHEREAS, the Village, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., is authorized to enter into this First Amendment; and WHEREAS, this First Amendment is further authorized under Article VII, Section 10 of the Illinois Constitution and by the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the Parties agree as follows: A. All provisions contained in the original Agreement that are not in conflict with the terms of this First Amendment shall remain in full force and effect. B. The third sentence of the first paragraph of Section 2 (Term and Termination) of the Agreement is hereby stricken and replaced with the following: This Agreement shall terminate upon completion of the Project and final payment by the Village to the County for the Village's share of Project costs. C. The last sentence of the first paragraph of Section 2 (Term and Termination) of the Agreement is hereby stricken and replaced with the following: Notwithstanding the foregoing, the Parties agree that the provisions of Sections 5.9 (Maintenance Agreement) and 5.11 (Post -Project Maintenance) herein shall survive termination of this Agreement, unless expressly terminated by the Parties in writing. D. The second paragraph of Section 2 (Term and Termination) of the Agreement is hereby stricken in its entirety. E. The last sentence of Section 3.2 is hereby stricken and replaced with the following: The County's total cost for the Project is estimated as Forty -Nine Million Two Hundred Sixty -One Thousand Dollars and 00/100 Cents ($49,261,000). F. Section 3.3 of the Agreement is hereby stricken and replaced with the following: 3.3 Village's Share of the Project. This Section 3.3 sets forth the Village's financial responsibility for the Project (the "Village Costs"). The Village shall reimburse the County for all construction costs associated with the following work within the Village limits of the Project: (1) installation of new EVPD Systems, including at the intersection of Touhy Avenue and realigned Old Higgins Road; (2) installation of LED street name signs; (3) new water main installation and/or replacement; (4) installation of new decorative street lighting; and (5) installation of water service line, service boxes, and connections associated with the proposed landscaped median. The Village shall also reimburse the County for fifty percent (50%) of all construction costs associated with the following work within the Village limits of the Project: (1) construction of new sidewalk and multi -use paths; and (2) removal and replacement of deteriorated sidewalk at locations not impacted by construction of the Project, but requested by the Village. The Village shall not be responsible for any costs associated with removing and replacing deteriorated sidewalk at locations impacted by Project construction. i7 The Village shall also reimburse the County for all construction costs in excess of One Hundred Fifty Thousand Dollars and 00/100 Cents ($150,000.00) for the landscaped median with seeding along Touhy Avenue from Elmhurst Road to Old Higgins Road. Finally, the Village shall reimburse the County for design and construction engineering costs in an amount equal to fifteen percent (15%) of total Village Costs (five percent (5%) for design engineering and ten percent (10%) for construction engineering). The Village's total cost for the Project is estimated as One Million Nine Hundred Fifty -Six Thousand Seven Hundred Fifteen Dollars and 00/100 Cents ($1,956,715.00). G. Section 3.4 of the Agreement is hereby stricken and replaced with the following: 3.4 Cost Estimates. A Cost Breakdown for the Village's Share of the Project is incorporated and attached hereto as Revised Exhibit A. The Cost Breakdown is only an estimate and does not limit the financial obligations of the Parties as described in Sections 3.1 through 3.3 above. H. Section 5.3.3 is hereby stricken and replaced with the following: 5.3.3 The Village shall be responsible for fifty percent (50%) of the costs for new multi- use paths and sidewalk installed within the Village limits as part of the Project, and fifty percent (50%) of the costs for removal and replacement of deteriorated sidewalk at locations not impacted by construction of the Project. I. Section 5.3.5 is hereby stricken and replaced with the following: 5.3.5 The Village shall be responsible for all construction costs in excess of One Hundred Fifty Thousand Dollars and 00/100 Cents ($150,000.00) for the landscaped median with seeding along Touhy Avenue from Elmhurst Road to Higgins Road. J. Section 5.3.7 is hereby stricken and replaced with the following: 5.3.7 The Village shall be responsible for design and construction engineering costs in an amount equal to fifteen percent (15%) of total Village Costs (five percent (5%) for design engineering and ten percent (10%) for construction engineering). K. Section 5.11.3 (Post -Project Maintenance) is hereby stricken and replaced with the following: 5.11.3 Own, operate and maintain the multi -use paths, sidewalk (including detectable warnings), EVPD Systems at four (4) intersections within the Project limits identified in Section 4.4.9, LED street name signs, street lighting and water main installed or improved within the Village limits, as part of the Project. The Village agrees to maintain the multi -use paths and sidewalk in compliance with the 3 Americans with Disabilities Act, Public Right -of -Way Accessibility Guidelines, and all other applicable federal and state laws and regulations. Further, the Village shall be responsible for one hundred percent (100%) of the energy costs for said street lighting. L. Section 5.13 (Payment to the County) is hereby stricken and replaced with the following: 5.13 Payment to the County. The costs that the Village are obligated to pay as described in Section 3 (Project Funds) shall be paid in four (4) installments as follows: 5.13.1 A first installment in the amount of One Million Dollars and 00/100 Cents ($1,000,000.00) shall be invoiced by the County within ninety (90) days following award of the construction contract for the Project, and the Village shall pay the County within sixty (60) days after receipt of the invoice from the County. 5.13.2 A second installment in the amount of Four Hundred Thousand Dollars and 00/100 Cents ($400,000.00) shall be invoiced by the County one (1) year following award of the construction contract for the Project, and the Village shall pay the County within sixty (60) days after receipt of the invoice from the County. 5.13.3 A third installment in the amount of Four Hundred Thousand Dollars and 00/100 Cents ($400,000.00) shall be invoiced by the County two (2) years following award of the construction contract for the Project, and the Village shall pay the County within sixty (60) days after receipt of the invoice from the County. 5.13.4 A fourth installment for the remaining balance of the Village's total financial obligation for the Project, based upon the actual quantities used and the contract unit prices as awarded, shall be invoiced by the County subsequent to completion of the Project, and the Village shall pay the County within sixty (60) days after receipt of the invoice from the County. 5.13.5 Payments to the County shall be by check payable to the Treasurer of Cook County, for deposit into the County's Motor Fuel Tax Fund (600-585 Account) and identified as Section: 15-34117-01-RP. The check shall be delivered to the Superintendent of the Cook County Department of Transportation and Highways. M. Section 6.6 (Notices) is hereby stricken and replaced with the following: 6.6 Notices. Unless otherwise specified, all notices and other communications related to this Agreement shall be in writing and shall be personally delivered or mailed via first class, certified or registered U.S. Mail or electronic mails delivery to the following persons at the following addresses: To the County: Superintendent 4 Attn: Jennifer "Sis" Killen, P.E., PTOE Cook County Department of Transportation and Highways 69 W. Washington Street, 24th Floor Chicago, IL 60602 E-mail: Jennifer.killen@cookcountyil.gov To the Village: Village Manager Matthew J. Roan Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 E-mail: mroan@elkgrove.org N. The original Exhibit A included as part of the Agreement is hereby replaced with Revised Exhibit A. The revised exhibit has been inserted into the Agreement (Exhibit 1). 0. In the event of a conflict between a term or provision in this First Amendment and a corresponding term or provision in any attached exhibit(s), the term or provision in this First Amendment shall control. P. This First Amendment shall become effective upon proper execution by authorized signatories of the Parties and shall remain in effect until the Agreement is terminated under any relevant provision therein. Q. This First Amendment maybe executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. R. This First Amendment shall be binding on and inure to the benefit of the Parties and their permitted successors and assigns, except that a Party shall not assign its obligations under this First Amendment without the other Party's express written consent, such consent not to be unreasonably withheld or delayed. S. The introductory recitals included at the beginning of this First Amendment are agreed to and incorporated into and made part of this First Amendment. (signature page to follow) 5 RECOMMENDED BY: APPROVED AS70 FORM' 0"bedy M. FEE. States AttomW Ass es I, KAREN A. YARBROUGH, 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 July 20, 2023, passed the following Resolution: 23-R- RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS RESOLVED, by the members of The Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to authorize and direct its President to execute, by original signature or authorized signature stamp, two (2) copies of a First Amendment to the Intergovernmental Agreement with the Village of Elk Grove Village, said Amendment attached, wherein the County is lead agency for design engineering, construction and construction engineering for improvements along Touhy Avenue from Elmhurst Road to Mount Prospect Road. This First Amendment extends the termination date and revises Exhibit for the Village Share, County share and Grand Total Project cost (estimated total increase $1,695,151.00) for the original Agreement under County Section: 15-34117-01-RP; and, the Department of Transportation and Highways is directed to take the necessary actions called for under the terms of the Amendment and is further directed to return one executed copy of said Amendment with this Resolution attached to the Village of Elk Grove Village. 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, (SEAL) 13Y THE BOARD OF COOK COUNTY COMMISSIONERS JUL 2 0 2023 kl