HomeMy WebLinkAboutRESOLUTION - 31-06 - 7/18/2006 - AMEND JOINT AGRMTRESOLUTION NO. 31-06
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE AN AMENDMENT TO A JOINT AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND THE COUNTY OF COOK FOR
IMPROVEMENTS AT THE INTERSECTION OF DEVON AVENUE AT TONNE
ROAD/WOOD DALE ROAD
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 documents
marked:
AMENDMENT TO IMPROVEMENT AGREEMENT
DEVON AVENUE AT TONNE ROAD/WOOD DALE ROAD
SECTION 01 -B1115 -05 -CH
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 documents upon the signature of the Mayor.
Sgction 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 18th day of July 2006.
APPROVED this 18th day of July 2006.
ATTEST:
Ann I. Walsh, Village Clerk
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
RES0602AgmemeotDevonandTonneAmeadment.doe
AMENDMENTTO
IMPROVEMENT AGREEMENT
THE COUNTY OF COOK DEVON AVENUE
At Tonne Road/Wood Dale Road
THE VILLAGE OF ELK GROVE VILLAGE Section: 01 -131115-05-CH
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 ELK GROVE VILLAGE, a body politic and corporate in the State of Illinois, hereinafter called
"VILLAGE".
Whereas, the VILLAGE and COUNTY entered into an Improvement Agreement for improvements
at the intersection of Devon Avenue at Tonne Road/Wood Dale Road on February 8, 2005 and on
April 6, 2005, respectively, hereinafter referred to as "AGREEMENT";
Whereas, the AGREEMENT specified the improvement scope, responsibilities and obligations for
design engineering, construction, construction engineering, funding and maintenance of the
improvement, including COUNTY cost participation for the north leg (Tonne Road) of the
improvement;
Whereas, the VILLAGE is Lead Agency for construction of the improvement;
Whereas, the VILLAGE has incurred additional costs for construction and construction engineering
as described in a November 11, 2005 electronic message (e-mail) from VILLAGE and incorporated
herein by reference, that were not anticipated in the original AGREEMENT; and,
Whereas, the COUNTY concurs with said additional costs as presented, said additional
construction net cost $139,589.00 and said additional construction engineering (30% local match)
net cost $3,687.00; and,
Whereas, the VILLAGE secured federal funding for the improvement through a separate Local
Agency Agreement for Federal Participation, incorporated herein by reference only, wherein said
Local Agency Agreement excluded the COUNTY from cost participation for the north leg (Tonne
Road) of the intersection improvement; and,
Whereas, the VILLAGE concurs with the exclusion of COUNTY cost participation for the north leg
(Tonne Road) of the intersection improvement.
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:
Devon Avenue -2-
At Tonne Road/Wood Dale Road
Section: 01 -131115-05-PV
Under Article "1. The VILLAGE shall:" subsection e., the VILLAGE's obligation is amended to
include cost participation for the north leg as follows:
e. pay for or secure seventy (70%) percent of the construction and construction engineering
costs for the PROJECT and for the thirty (30%) percent Local Match of the construction and
construction engineering costs for the south and north legs of the intersection; and,
Under Article "1. The VILLAGE shall:" subsection f., the COUNTY's obligation is amended by
excluding the COUNTY from cost participation for the north leg and by increasing its participatory
share of construction and construction engineering costs from $330,000.00 to the following:
bill the COUNTY for the thirty (30%) percent Local Match of the construction and
construction engineering costs forthe PROJECT, excluding the south and north legs of the
intersection (estimated COUNTY total share $471,561.00) as follows: the first, following
award of a construction contract (equal to 50% of award costs of eligible items) and the
second, following completion of the project and based upon actual costs;
Under Article "2. The COUNTY shall:" subsection d., the COUNTY's obligation is amended by
excluding the COUNTY from cost participation for the north leg and by increasing its participatory
share of construction and construction engineering costs from $330,000.00 to the following:
d. pay thirty (30%) percent of the construction and construction engineering costs for the
PROJECT, excluding the south and north legs of the intersection (estimated COUNTY total
share $471,581.00) as specified in 11 hereinbefore, when invoiced by the VILLAGE; and,
The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by
the terms of this Amendment.
IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Amendment to be
executed by their respective officials on the dates as shown.
EXECUTED BY COUNTY:
President
Board of County Commissioners
This _ day of A.D. 2006.
ATTEST:
County Clerk
(SEAL)
RECOMMENDED BY:
Superintendent of Highways
EXECUTED BY
VILLAGE OF ELK GROVE VILLAGE:
Craig B. Johnson
Craig B. Johnson
Mayor
This 18thday of July A.D. 2006.
ATTEST: Ann I. Walsh
Village Clerk
(SEAL)
APPROVED AS TO FORM:
Richard A. Devine, State's Attorney
Assistant State's Attorney