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Home My WebLink AboutRESOLUTION - 5-09 - 1/27/2009 - IMPROVEMENT AGREEMENT/ARLINGTON HTS & DEVON INTERSECTIONRESOLUTION NO. 5-09 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE COUNTY OF COOK ( DEPARTMENT OF HIGHWAYS) FOR IMPROVEMENTS TO THE ARLINGTON HEIGHTS ROAD AT DEVON AVENUE INTERSECTION 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: IMPROVEMENT AGREEMENT THE COUNTY OF COOK ARLINGTON HEIGHTS ROAD VILLAGE OF ELK GROVE VILLAGE AT DEVON AVENUE SECTION 08V6937-07=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. 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: 1 PASSED this 27`h day of January 2009. APPROVED this 27'h day of January 2009. APPROVED: Mayor CraijZ B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk ResJointagreeCookDevonArlHtsImprovements. IMPROVEMENT AGREEMENT THE COUNTY OF COOK VILLAGE OF ELK GROVE VILLAGE ARLINGTON HEIGHTS ROAD At Devon Avenue Section: 08 -V6937 -07 -CH This 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 ELK GROVE VILLAGE, a body politic and corporate in the State of Illinois, hereinafter called "VILLAGE". WITNESSETH Whereas, the COUNTY and VILLAGE, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, are desirous of constructing an improvement of the intersection of Arlington Heights Road at Devon Avenue, characterized as the widening, resurfacing and channelization along Devon Avenue to provide two through lanes in each direction, a barrier median with a left turn lane and an exclusive right turn lane on the eastbound and westbound approaches of said intersection; also, widening, resurfacing and channelization along Arlington Heights Road to provide two through lanes in each direction, a barrier median with dual left turn lanes and an exclusive right turn lane on the northbound and southbound approaches of said intersection, curb and gutter, traffic signal modernization, sidewalk, drainage additions and adjustments, street lighting and other attendant highway appurtenances (hereinafter called "PROJECT") and said PROJECT is herein designated as County Section: 08 -V6937 -07 -CH; Whereas, the VILLAGE and COUNTY established terms for the development of PROJECT construction plans for the intersection of Arlington Heights Road at Devon Avenue in a Letter of Understanding dated May 12, 2005 and accepted by the VILLAGE on August 16, 2005; and, Whereas, the VILLAGE has completed a Phase I Study for said intersection, the COUNTY has reviewed and concurs with said Study, and" the VILLAGE has received Illinois Department of Transportation approval of said Study on March 7, 2007; and, Whereas, the VILLAGE has initiated Phase II Design Engineering for the PROJECT through a design engineering consultant and the Letter of Understanding calls for sharing of Phase I and Phase II engineering costs between the VILLAGE and the COUNTY; and, Whereas, the COUNTY and the VILLAGE, by this instrument desire to determine and establish their respective responsibilities toward design engineering, right-of-way acquisition, construction, construction engineering, funding and maintenance of the PROJECT. 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: 1. The COUNTY and VILLAGE mutually agree that the fees for construction engineering shall be distributed in proportion to the respective share of total construction costs, with the COUNTY share determined as seventy-five (75%) percent of the Local Match for the construction engineering costs. 2. The VILLAGE shall: a. reference all correspondence, plans, bills, invoices and other documents for the PROJECT with COUNTY's identifier SECTION: 08 -V6937 -07 -CH; Arlington Heights Road -2- At Devon Avenue Section: 08 -V6937 -07 -CH b. have its consultant conduct Phase II design engineering and prepare PROJECT construction plans, specifications, estimates and contract documents (cost not to exceed $234,500.00) and obtain COUNTY and State of Illinois approval of final plans, specifications, estimates and contract documents; c. secure Surface Transportation Plan (STP) Federal funding in the amount of $2,913,832.00 toward the right-of-way acquisition, construction and construction engineering costs of the PROJECT; d. pay for or secure seventy-seven and five tenths (77.5°/x) percent of the Phase I preliminary engineering and Phase II design engineering costs for the PROJECT; e. pay for or secure fifty (50%) percent of the right-of-way acquisition costs for the north, west and east legs of the intersection for the PROJECT and for one hundred (100%) percent of the right-of-way acquisition costs for the south leg of the intersection; pay for or secure seventy (70%) percent of the construction and construction engineering costs for the PROJECT and for one hundred (100%) percent of the construction and construction engineering costs for the south leg of the intersection, including the thirty (30%) percent Local Match for the street lighting construction and construction engineering costs; g. bill the COUNTY for three-fourths of thirty (22.5%) percent of the Phase I preliminary engineering costs (estimated COUNTY share $22,751.00) and Phase 11 design engineering costs (estimated COUNTY share $52,763.00) as follows: the first, $37,757.00, following VILLAGE approval of a consultant engineering contract, and on a progressive basis thereafter, following expenditure of the initial 50% of COUNTY share; h. bill the COUNTY for fifty (50%) percent of the right-of-way acquisition costs, excluding the south leg of the intersection (estimated COUNTY share $233,475.00) on a progressive basis. The purchase costs for said right-of-way acquisition shall be based upon COUNTY approved expenditures by VILLAGE for appraisals, legal fees, and/or purchase offers; bill the COUNTY for thirty (30%) percent of the roadway construction costs (estimated COUNTY share $677,742.00), for seventy-five (75%) percent of the Local Match for the traffic signal construction costs (estimated COUNTY share $68,567.00) and for seventy-five (75%) percent of the Local Match for construction engineering costs (estimated COUNTY share $72,616.00) for the PROJECT, excluding the south leg of the intersection and VILLAGE items (estimated total COUNTY share $818,925.00) as follows: the first, $410,000.00 following award of a construction contract, and the second, the remaining balance of eligible items following completion of the PROJECT and based upon actual costs; act as Lead Agency for the PROJECT and construct the PROJECT in accordance with approved plans (estimated construction cost $3,708,740.00); k. pay for one hundred (100%) percent of the costs, including design engineering, construction and construction engineering, for any VILLAGE infrastructure included in the PROJECT, said items including, but not limited to, new water main, sanitary sewer, etc.; and, coordinate and control public notification of the PROJECT scope, timing and duration. Arlington Heights Road -3- At Devon Avenue Section: 08 -V6937 -07 -CH 3. The COUNTY shall: a. review the Phase II design engineering contract for adequacy and acknowledge its concurrence for same to the VILLAGE; b. review and approve plan submittals in a timely manner; c. pay for three-fourths of thirty (22.5%) percent of the costs for Phase I preliminary engineering (estimated COUNTY share $22,751.00) and Phase II design engineering (estimated COUNTY share $52,763.00) as specified in 2.g. hereinbefore, when invoiced by the VILLAGE; d. pay for fifty (50%) percent of the right-of-way acquisition costs for the PROJECT, excluding the south leg of the intersection (estimated COUNTY share $233,475.00) as specified in 2.h. hereinbefore, when invoiced by the VILLAGE; e. pay for thirty (30%) percent of the roadway construction costs, for seventy-five (75%) percent of the Local Match for the traffic signal construction costs and for seventy-five (75%) percent of the Local Match for construction engineering costs for the PROJECT, excluding the south leg of the intersection and VILLAGE items (estimated total COUNTY share $818,925.00) as specified in 2.i. hereinbefore, when invoiced by the VILLAGE; and, retain jurisdiction and maintenance of those portions of Arlington Heights Road and Devon Avenue (County Highways V69 and 611, respectively) improved as part of the PROJECT. 4. This Agreement shall serve in lieu of a separate COUNTY Highway Permit for the VILLAGE sidewalk and street lighting installed or improved as part of the PROJECT; and, by execution of this Agreement, the VILLAGE shall be bound to the general terms for COUNTY Highway Permits as they exist the date*of execution of this Agreement by the COUNTY. 5. The COUNTY and the VILLAGE further agree that their respective successors and assigns shall be bound by the terms of this Agreement. (Signature Page Follows) 0 Arlington Heights Road -4- At Devon Avenue Section: 08 -V6937 -07 -CH . IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Agreement to be executed by their respective officials on the dates as shown. EXECUTED BY COUNTY: Todd H. Stroger President Board of County Commissioners Cook County, Illinois ATTEST: County Clerk This day of (SEAL) RECOMMENDED BY: Superintendent of Highways EXECUTED BY VILLAGE OF ELK GROVE VILLAGE: Craig B. Johnson Craig B. Johnson Mayor ATTEST: Ann I. Walsh Village Clerk , 2009. This 27thday of January , 2009. (SEAL) APPROVED AS TO FORM: Anita Alvarez, State's Attorney M Assistant State's Attorney HATransportation & Planning\Planning\AGREEMENTS\INTGOVT-REIMB-LOA\V6937-07-CH AHR at Devon Imprvmt Agrmt.doc