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Home My WebLink AboutRes 28-22 09/20/2022 Authorizing the mayor to execute an intergovernmental agreement with the Illinois department of transportation (IDOT) Illinois department of natural resources (IDNR) City of Prospect Height, and Village of Mount ProspectRESOLUTION NO. 28-22 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT), ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR), CITY OF PROSPECT HEIGHTS, AND VILLAGE OF MOUNT PROSPECT FOR THE CONSTRUCTION OF A STORM SEWER CLOSURE STRUCTURE AS PART OF THE LEVEE 37 PROJECT WHEREAS; the Village of Mount Prospect is a unit of local government authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS; the IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect entered into an agreement and subsequent amendment numbers one and two, effective September 16, 2008 and January 31, 2014 and September 4, 2020 respectively, covering the construction of the Levee 37 Project; and WHEREAS, a storm sewer closure structure near Palatine Road is required to adequately provide flood protection in association with the previously constructed aspects of the project; and WHEREAS, additional rights-of-way belonging to IDOT are required for completion of the closure structure; and WHEREAS; the City of Prospect Heights has acquired in the name of the City and without cost to the IDOT, IDNR or Village of Mount Prospect, a permanent easement to facilitate the construction, operation and maintenance of the storm sewer closure structure from IDOT. NOW THEREFORE BE IT RESOLVED; By the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois SECTION ONE: The Mayor is hereby authorized to execute Amendment Number Three to an Intergovernmental Agreement between the IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect for the Upper Des Plaines River Flood Damage Reduction Project Element, Levee 37. SECTION TWO: Amendment Number "Three to an Intergovernmental Agreement between the IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect for the Upper Des Plaines River Flood Damage Reduction Project Element, Levee 37, Contract Number OWR-243, is attached to and made part of this Resolution. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage. AYES: Filippone, Gens, Matuszak, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 20`h day of September 2+ ATTEST:,, A �I Karen M. Agoranos, Village Clerk AMENDMENT NUMBER THREE to an AGREEMENT between the STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES and the STATE OF ILLINOISIDEPARTENT OF TRANSPORTATION and the CITY OF PROSPECT HEIGHTS and the VILLAGE OF MOUNT PROSPECT forthe UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT A4;F04 M=kF14E4 rl THIS AMENDMENT NUMBER THREE is made among the City of Prospect Heights, hereinafter referred to as the "CITY", the Village of Mount Prospect, hereinafter referred to as the "VILLAGE", the State of Illinois/Department of Natural Resources, hereinafter referred to as "NATURAL RESOURCES" and the State of Illinois/Department of Transportation, hereinafter referred to as "TRANSPORTATION"; and WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and TRANSPORTATION entered into an agreement and subsequent amendment numbers one and two, effective September 16, 2008, January, 31 2014 and September 4, 2020, respectively, hereinafter collectively referred to as the "AGREEMENT," copies of which are attached hereto as EXHIBIT A, EXHIBIT B and EXHIBIT C and incorporated herein by reference, covering the construction of the Levee 37 Project Element, hereinafter referred to as the "PROJECT"; and WHEREAS, a closure structure near Palatine Road, herein referred to as the "PALATINE ROAD CLOSURE STRUCTURE ELEMENT, is required to adequately provide Flood protection in association with the previously constructed aspects of the PROJECT and the parties wish to amend the PROJECT to include said PALATINE ROAD CLOSURE STRUCTURE ELEMENT; and, WHEREAS, additional rights-of-way belonging to TRANSPORTATION are required for completion of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT and are identified on EXHIBIT D attached hereto; and, WHEREAS, the CITY has acquired, in the name of the CITY and without cost to NATURAL RESOURCES, TRANSPORTATION or VILLAGE, a permanent easement to facilitate the construction, operation and maintenance of the PROJECT from TRANSPORTATION; and, WHEREAS, the CORPS has estimated the total cost of construction of the PALATINE ROAD CLOSURE STRUCTURE to be approximately $500,000; and, WHEREAS, the Illinois General Assembly appropriated the funds needed to complete the installation of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT tzNATURAL RESOURCES under Public Act. 1U2-OO17Article 141.Section 7OinFY22 for expenditure bythe Office ofWater Resources for Flood Control and Water Development Projects; and, WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to develop engineering plans and special pmvisionn, advertise and award, provide resident engineering services during construction, and provide construction funding estimated at $SOO.000.for the PALATINE ROAD CLOSURE ELEMENT; and, WHEREAS, NATURAL RESOURCES has determined that the execution of this AGREEMENT is subject to the signature requirements of the "State Finance Act," 30 |LCS1D5002�and WHEREAS, NATURAL RESOURCES has determined that 1)the circumstances necessitating this AMENDMENT NUMBER THREE were not reasonably foreseeable at ihetimetheABREEMENTwamexeuutedandomended.2)thisA&1ENDK8ENTNUK8BER THREE iagermane Nthe AGREEMENT, and 3)this AMENDMENT NUMBER THREE is in the best inksneu1 of NATURAL RESOURCES and the State of Illinois, NOW THEREFORE, for and inconsideration ofthese premises, the parties hereto agree 0othe following modifications therein, The description ofthe LEVEE 37PROJECT ELEMENT set forth inthe 8m WHEREAS paragraph ofthe AGREEMENT shall beamended toinclude the PALATINE ROAD CLOSURE STRUCTURE ELEMENT added tm the Project pursuant tothis Amendment Number 3.All duties and responsibilities ofthe parties regarding the LEVEE 37PROJECT ELEMENT set forth inthe AGREEMENT shall specifically include and also apply hothe PALATINE ROAD CLOSURE STRUCTURE ELEMENT added hothe project pursuant iothis Amendment Number 3. 2� At the end of paragraph D.hofthe AGREEMENT, the following language shall beadded: "TRANSPORTATION will grant access toits property am shown on EXHIBIT Debaohed hereto and incorporated herein by reference, which amends amended ATTACHMENT 4 to the AGREEMENT, the intent herein beingiugrant such additional access over and upon the additional access areas shown on EXHIBIT D0othe VILLAGE, CITY, CORPS and NATURAL RESOURCES for the purpose of construction, operations, inspections, maintenance, repair and rehabilitation mfthe LEVEE 37PROJECT ELEMENT for oolong asLEVEE 37PROJECT ELEMENT remains authorized bythe CORPS, Any actions ofthe V1LLAGE.CITY and/or NATURAL RESOURCES for the purpose uf construction, operations, inspections, nnaintenanoe, repair and rehabilitation of the LEVEE 37 PROJECT ELEMENT that will impact normal traffic flows will require an|DOTtraffic access pemnit,^ 3 The parties hzthis AMENDMENT NUMBER THREE and the CORPS have determined that the Levee 37project limits need tobeexpanded myshown on EXHIBIT D.TRANSPORTATION has agreed toexpand the access area as shown onsuch EXHIBIT. 4� The existing second sentence ofparagraph A.2ofthe AGREEMENT shall be changed to the following: "NATURAL RESOURCES' funding obligation under this AGREEMENT will terminate upon the completion ofthe PUMP STATION ELEMENT and the PALATINE ROAD CLOSURE STRUCTURE ELEMENT, when the NATURAL RESOURCES' cost share isexpended, o/June 3O.2O25. whichever comes first," 5. After the first sentence ofparagraph A.2ofthe AGREEMENT, the following sentence shall be added.- "Additionally, Natural Resources' funding obligation shall include the non-federal cash amount for the PALATINE ROAD CLOSURE STRUCTURE ELEMENT added tothe LEVEE 37PROJECT ELEMENT, estimated 0obe$5OO.000," 8. All other covenants under terms afthe AGREEMENT remain unchanged and in full force and effect except and tothe extent otherwise provided herein |NWITNESS WHEREOF, the parties hereto set their hands and seals the day and year vvhtten, and represent that the signatories below are duly authorized to execute this AMENDMENT NUMBER THREE on behalf of their respective bodies, and that the effective date cfthisamendment iathe date approved and executed by the Director of NATURAL RESOURCES. RECOMMENDED: Loren VVobi ". Director Office ofWater Resources APPROVED: Colleen Callahan, Director Department ofNatural Resources VILLAGE OF MOUNT PROSPECT ATTEST: APPROVED: ...... .... Karen Agoranos, C lerkPaul Wm. Hoef t„ M, or Date Village of oun Pros ecl Date:_ _2-2— 2-1Q 2- CITY OF PROSPECT HEIGHTS Ito �,OP6E ATTEST: It S 9x, APPROVED: jkp0,q 0 A L . ......... .. Matthew Dolick, Acting Karen Schultheis, Mayor Duet ClerkCity of rospect Heir Dat Int Date STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION RECOMMENDED: Director -Division of Highways Chief Engineer Date: APPROVED AS TO FORM: Chief Counsel Date: F, Tmjmj-.7r0jVj= Acting Secretary Date: Sr, A I , \ , \ %N L C') ............ Jr)o 11911 Irl �J) 0 Z uo V) C) o C) En up 2 2 ULJ un 110 0 a.Pt13, W� IT w C) V4 rcAq RU M. 4n CS ( In LID Il 10 G4 ,..,e Sr, A I , \ , \ %N L C') ............ M x ga c 2,q ULJ a7� 4n it M x ga c 2,q