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Home My WebLink AboutRes 39-20 09/01/2020 Authorizing iga with idot, indr, ph and vomp levee 37RESOLUTION NO. 9-20 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT), THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR), THE CITY OF PROSPECT HEIGHTS AND THE VILLAGE OF MOUNT PROSPECT TO ESTABLISH LAND ACCESS RIGHTS NECESSARY TO CONSTRUCT A SUPPLEMENTAL STORMWATER PUMPING STATION ON LEVEE 37 termsWHEREAS, the Village of Mount Prospect is a unit of local government authorized to exist under the of iis Compiled .. and WHEREAS, the City of Prospect Heights, the Village of Mount Prospect, IDOT and IDNR entered into an agreement and subsequent amendment number one, effective September 16, 2008 and January 31,2014 respectively, i i the constructionof • - 37 Project Element "Project"); i WHEREAS,an additional pump stationrequired to adequately provide fl•#i protection an• the parties i amend `Project include ` additional station; and WHEREAS, additional rights-of-way belonging to IDOT and the Forest Preserve District of Cook County are `i `i for completionfor pump station element,! • RESOLVEDWHEREAS, the Village of Mount Prospect has acquired, in the name of the Village and without cost to IDOT, IDNR or the City of Prospect Heights, a permanent easement to facilitate the construction, operation and maintenance of the Project from the Federal Preserve District of Cook County. NOW, THEREFORE, BE IT by the Presidentand Village Board of •i` of Mount Prospect, Cook County, Illinois as follows: SECTION ONE: The Mayor is hereby authorized to execute Amendment Number Two to an Agreement between the IDNR, IDOT, the City of Prospect Heights and the Village of Mount Prospect for the Upper Des Plaines Flood Damage Reduction Project SECTION TWO: Amendment Number# to an Agreement between of Prospect Heights and the Village of Mount Prospect for the Upper Des Plaines River Flood Damage Reduction Project Element,.... Contract ito andmade. part of Resolution. ` o SECTION THREE: That this Resolution shall be in full force and effect from and after its passage. AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: Mone PASSED and APPROVED this 1st day of September, 2020 ATTEST�' Kare. Agoranos Village Clerk Arlene A. Juracek, MCVr AMENDMENT NUMBER TWO to an AGREEMENT between the STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES and the STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION and the CITY OF PROSPECT HEIGHTS and the VILLAGE OF MOUNT PROSPECT fAr the UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT ELEMENT, LEVEE 37 Contract Number OWR-243 THIS AMENDMIENTNUMBEIRTWO 19 made, f amonthe City o g Prospect, Heights herleinafter referred to, as the "'CITY", thellage of Molunt Prospect, hereinafter referred to,as the "VILLAGE"% the State of 1111nols/Department. of Naturielsources, hereinafter refierred to as "NATURAL RESOURCES" and the State, of 4 Illinois/Department of Transportation, hereinafter referred to as "TRANSPORTATION"; and A fr fill z oilwYM WHEREAS, an additional pump stationir herein referred to, as Die "PUMP 0 d S6t,�o ladequatell provid flood protection in association TATION ELEMENT is require, y e with ithe previously consttucted aspects of the PROjECT and, the, parties wish to amen the PROJECTto inclu, e said PUMP, STAT ION ELEMENT* and WHEREAS, additional rights-of-wayl beloingling to TR'A NSPORTATION and the Forest Preserve District of Cook County arel required for completion ofthe PUMP STATION ELEMENiTand are iderifified on EXH413ITC attached hereto; and, WHEREAS, the VILLAGE has acquired, in the name of the VILLAGE and without cost to NATURAL RESOURCES, TRANSPORTATION or CITY, a permanent easement to facilitate the construction, operation and maintenance of the PROJECT from the Forest Preserve District of Cook County; and, WHEREAS, the CORPS has estimated the total cost of construction and materials of the PUMP STATION ELEMENT to be $3,699,550 and Natural Resources' additional non-federal cash amount for the PUMP STATION ELEMENT payable to the CORPS to be $1,284,543; and, WHEREAS, the Illinois General Assembly appropriated the funds needed to complete the installation of the PUMP STATION ELEMENT to NATURAL RESOURCES under Public Act, 1+01-0007 Article 146, Section 45 in FY20 and Public Act, 101-x.538 Article 11, Section 75 in FY211, for expenditure by the Office of Water Resources for Flood Control and Water Development Projects; and, WHEREAS, NATURAL RESOURCES has determined that the execution of this AGREEMENT is subject to the signature requirements of the "State Finance Act," 30 ILCS 10519.02; and WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances necessitating this AMENDMENT NUMBER TWO were not reasonably foreseeable at the time the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER TWO is germane to the AGREEMENT, and 3) this AMENDMENT NUMBER TWO is in the best interest of NATURAL RESOURCES and the State of Illinois. NOW THEREFORE, for and in consideration of these premises, the parties hereto agree to the following modifications therein: 1. The description of the LEVEE 37 PROJECT ELEMENT set forth in the 611 WHEREAS paragraph of the AGREEMENT shall be amended to include the PUMP STATION ELEMENT added to the Project pursuant to this Amendment Number 2. All duties and responsibilities of the parties regarding the LEVEE 37 PROJECT ELEMENT set forth in the AGREEMENT shall specifically include and also apply to the PUMP STATION ELEMENT added to the project pursuant to this Amendment Number 2. 2. At the end of paragraph D.6 of the AGREEMENT, the following language shall be added. "TRANSPORTATION will grant access to its property as shown on EXHIBIT C attached hereto and incorporated herein by reference, which amends amended ATTACHMENT 4 to the AGREEMENT, the intent herein being to grant such additional access over and upon the additional access areas shown on EXHIBIT C to the VILLAGE, CITY, CORPS and NATURAL RESOURCES for the purpose of construction, operations, 'Inspections, maintenance, repair and rehabilitation of the LEVEE 37 PROJECT ELEMENT for so long as LEVEE 37 PROJECT ELEMENT remains authorized by the CORPS. Any actions of the VILLAGE, CITY and/or NATURAL RESOURCES for the purpose of construction, operations, inspections, maintenance, repair and rehabilitation of the LEVEE 37 PROJECT ELEMENT that will impact normal traffic flows will require an IDOT traffic access permit." 3. The parties to this AMENDMENT NUMBER •TWO and the CORPS have determined that the Levee 37proj I ect limits need to be expanded as shown on EXHIBIT C. TRANSPORTATION has agreed to expand the access area as, shown on such EXHIBIT. 4. The existing second sentence of paragraph A.2 of the AGREEMENT shall be changed to the following,, "NATURAL RESOURCES"funding obligation under -this AGREEMENTwill terminate upon the completion of the PUMP ,STATI'O,N ELEMENT, when the NATURAL RESOURCES'cost share is expended, or June 30, 2025, whichever comes first," After the first sentence of paragraph A.2 of the AGREEMENT, the following sentence shall be added: "Additionally, Natural Resources" funding obligation shall include the non-federal cash amount for the PUMP STATION ELEMENT added to the LEVEE 37 PROJECT ELEMENT, estimated to be $10284o543." 6. All other covenants under terms of the AGREEMENT remain unchanged and in full force and effect except and to the extent otherwise provided herein, IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this, AMENDMENT NUMBER TWOon, behalf'of their respective bodies, and that the effective date of this amendment is the date approved and executed by the Director of NATURAL RESOURCES. APPR 'V .. . ...... �1_ Renee Snow General Counsel APPROVED 11OR EXECUT]ON Date, o Date: —.. _ Cw``. ^. 61 ate;, LJ ATTEST: r I—& Clerk KarenAq, ran ATTEST: . ...... .... � Arlene A. Jurac;j-ek, a yo—r 0 Village of qnt Pi, spect Date: L-4—fvvs) 10N J. Helmer, M"Aylor, 2 L/b Afty 011X�rpspect Ygights 5j 92.o2I 2ADaO Date:— Q6;'U,91' - A4; 7"III 11 =41 APPROVED, TO FORM: hilip enn, Chief Counsel $ 60 PLAT O F SURVEY Part of the East Half of the East Half of Section 24, Township 42 North, Range 11 East of the Third Pricipat Meridian, Cook County, [Ilincis, ff t ...... ... j, ..... ol 1 10 Va.'" 41 4M14 P I & 16" & j, w, OF 0 t N. Ur Ile0 + �v , J11 '41 "d VIP V jpj 5, "7 win 0 10 _w) V.r uc/.Qw Area k 1"k "Z%' Zzl'�" 1p, LO 4 pf'rm Ea ivftor,i (o,)k Comm) ) r av P" "I 7,ar viJ J, N1 o L e s I ho bm4o mint 4A4 m vifirrm originatom fro by 4 :d the cily flalgol, &rtfW*m#,1#4 UA. for Village U( tit. PA's Nq * f 1 0 lik A @4 to #p# f # 0'1#* D rdr A I In Cook r o it a i V Koko, an January 30, "M to Doc '040/14011 tri%P �,10 CoorAmI *?mI Woom, Ertel4,'mito or CA Cr*1 Vex V, 04m Phil, *hI moleralw0mg bmwo ', mrl ww to NXP 63 1111h0i Mwiffi plafte PAIJ 112ft"L qq -J 49 'Jol P6ro%. 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