HomeMy WebLinkAbout6.3 A resolution authorizing the mayor to sign Amendment #4 to the Agreement between the Illinois Department of Natural Resources, the Illinois Department of Transportation, the City of Prospect Heights, and the Village of Mount Prospect for the Upper DesM+awn �'xyt�lts�=e
Item Cover Page
Subject A resolution authorizing the mayor to sign Amendment #4 to
the Agreement between the Illinois Department of Natural
Resources, the Illinois Department of Transportation, the City
of Prospect Heights, and the Village of Mount Prospect for the
Upper Des Plaines River Flood Damage Reduction Project
Element, Levee 37.
Meeting April 2, 2025 - REGULAR MEETING OF THE MOUNT PROSPECT
VILLAGE BOARD
Fiscal Impact (Y/N) N
Dollar Amount Not applicable.
Budget Source Not applicable.
Category CONSENT AGENDA
Type Action Item
Information
Levee 37 was designed to protect homes from inundation by the Des Plaines River. The levee
wall serves as a physical barrier between record river crests and the adjacent residential
neighborhoods. It was designed and constructed by the United States Army Corps of
Engineers (USACE). Local partners included the Illinois Department of Natural Resources
(IDNR), the Illinois Department of Transportation (IDOT), the City of Prospect Heights, and
the Village of Mount Prospect. The original Intergovernmental Agreement (IGA) to facilitate
this work was executed in 2008. Construction was substantially completed in 2011.
Amendment #1 of the IGA was executed in 2014. It granted additional permanent easements
for access to the levee wall for purposes of maintenance, repair and rehabilitation.
Amendment #2 of the IGA was executed in 2020. It authorized the construction of a
supplemental pump station at Pump Station 2. Work is ongoing and expected to be completed
later this fall.
Amendment #3 was executed in 2022. It authorized construction of a closure structure on an
existing 54" diameter storm sewer pipe in the City of Prospect Heights. The pipe outlet is
located adjacent to the river near Palatine Road east of Milwaukee Avenue. Should river levels
rise above the pipe outlet, the flap gate will close preventing water from backing up in the
pipe. Water entering the pipe system upstream will be pumped over the levee wall by City of
Prospect Heights staff.
Amendment #3 also identified the estimated cost of the closure structure project at $500,000
and recognized a like amount of funding from the IDNR.
Amendment #4 (the current amendment) revises the cost estimate for the closure structure to
$1 million and recognizes $500,000 in funding from IDNR and an additional $500,000 in
funding from the City of Prospect Heights. There is no cost to the Village of Mount Prospect.
Amendment #4 also extends the term of the original agreement from June 30, 2025 until
December 31, 2028.
IDNR and the City of Prospect Heights are currently accepting bids for the construction of the
closure structure. Construction is expected to take place this year.
Completion of this closure structure is a vital element necessary to certify the levee and
remove adjacent homes from the federally regulated Des Plaines River floodplain.
The City of Prospect Heights executed this amendment at their regularly scheduled city council
meeting on March 24, 2025.
Attached for the Village Board's consideration is a resolution authorizing the mayor to sign
Amendment #4.
Discussion
Alternatives
1. Approve a resolution authorizing the mayor to sign Amendment #4.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board approve a resolution authorizing the mayor to sign
Amendment #4 to the Agreement between the Illinois Department of Natural Resources, the
Illinois Department of Transportation, the City of Prospect Heights, and the Village of Mount
Prospect for the Upper Des Plaines River Flood Damage Reduction Project Element, Levee 37.
Attachments
1. Levee 37 Amendment 4 et al
2. Resolution Levee 37 Amendment four
AMENDMENT NUMBER FOUR
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
forthe
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT, LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER Four 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,
two, and three effective September 16, 2008, January, 31 2014„ September 4, 2020, and
November 12„ 2024, respectively„ hereinafter collectively referredtoasthe"AGREEMENT,"
copies of which are attached hereto as EXHIBIT A, EXHIBIT B, EXHIBIT C and EXHIBIT
D and incorporated herein by reference, covering the construction of the Levee 37 Project
Element, hereinafter referred to as the "PROJECT"; and
WHEREAS, the Army Corps of Engineers "CORPS" has estimated the total cost of
construction of the PALATINE ROAD CLOSURE STRUCTURE to be approximately
$1,000,000; and,
WHEREAS, the CORPS has informed NATURAL RESOURCES, the CITY and the
VILLAGE, that the CORPS does not have access to Federal Funds for the design and
construction of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT; and,
WHEREAS, the Illinois General Assembly appropriated the funds needed to cornplete
the installation of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT to NATURAL
RESOURCES under Public Act. 103-0589 Article 143, Section 60 in FY25 for expenditure by
the Office of Water Resources for Flood Control and Water Development Projects; and,
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to develop
engineering plans and special provisions, advertise and award, provide resident engineering
services during construction, and provide construction funding estimated at $500„000, for the
PALATINE ROAD CLOSURE ELEMENT; and,
WHEREAS, the CORPS requested and CITY agreed to provide construction funding
estimated at $500,000, 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 ILCS
105/9,02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER FOUR were not reasonably foreseeable at the time
the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER FOUR is
germane to the AGREEMENT, and 3) this AMENDMENT NUMBER FOUR 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:
The existing second sentence of paragraph A.2 of the AGREEMENT shall be
changed to the following: "NATURAL RESOURCES' funding obligation under this
AGREEMENT will terminate upon the completion of the LEVEE 37 PROJECT
ELEMENT, when the NATURAL RESOURCES' and the CITY cost share is
expended, or December 31, 2028, whichever comes first."
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 FOUR on 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.
RECOMMENDED
Rick Pohlman, Acting Director
Office of Water Resources
Date:
APPROVED:
Renee Snow
General Counsel
Date:
APPROVED:
Natalie Phelps Finnie, Director
Department of Natural Resources
Date:
APPROVED:
Ellen King
Chief Fiscal Officer
Date:
ATTEST:
Karen Agoranos, Clerk
Date:
ATTEST:
ob'a�rna Prisiajniou erk
Date:-a��`._h
RECOMMENDED:
APPROVED:
Paul Wm. Hoefert, Mayor
Village of Mount Prospect
Date:
, z��
Patri�advioen, Mayor
City of Prospect Heights
Date: � - ) q 40'r
A 11I �! IIII A ti
Lora Rensing
Director -Division of Highways
Chief Engineer
Date:
APPROVED AS TO FORM`,
Michael Prater, Chief Counsel
Date:
APPROVED:
Gia Biagi, Acting Secretary
m
IAi
AMENDMENT NUMBER THREE
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOWDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
forthe
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT, LEVEE37
Contract Number OWR-243
THIS AMENDMENT NUMBER TNREE is made among the Oily of Prospect
Heights„ heramafterreferred loss the "CITS", the Village ofMount Prospect, hereinafter
referred to as the "VILLAGE"*, the State of IltinoisPDepartment of Natural Resources,
hereinafter referred to as "NATURAL RESOURCES" and the State of
Illinois/Department of "Transportation hereinafter referred to as "TRANSPORTATION";
and
"
Element, hereinafter referred to as the ,
Road,WHEREAS, a closure structure near Palatine
ROAD CLOSURE
provide. d protection in associationpreviously constructed aspects
ROADPROJECT and the parties wish to amend the
r PROJECT T. *
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; project site access is identified on EXHIBIT E. attached
hereto, and.
WHEREAS, the CIT1f` has acquired, in the name of the CITY and wilhout cost to
NATURAL RESOURCES, TRANSPORTATION orVILLAGE, a Perrmnent easement to
fad6t8te the construction" operation and maintenanceof the PROJECT from
TRANSPORTATIOk and,
WHEREAS, the CORPS has estimated the total cost of construction of the
PALATINE ROAD CLOSURE STRUCTURE to be approximately $5M.OW, and,
WHEREAS, the Illinois General Assembly appropriated the funds needed to
complete the installation of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT
to
RESOURCES under
NATURAL
re by the Office of Water Public Res rce fO in FY22
o I Control and Water
for expenditure
Dsveloprnw Projects, and,
WHEREAS, the CORPS requested ,and NATURAL RESOURCES agreed to
develop engheering plans and speclsi provisions, advertise and award, provide resident
engineering services during construction, and provide constructim funding estimated at
$W,OW. 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
ILLS IM.02; and
WHEREAS, NATURAL RESOURCES has data d that, ij the circumstances
necesslating this AMENDMENT NUMBER THREE were not ressonably foreseeable at
the time the AGREEMENT was executed and amended, 2 this AMENDMENT NUMBER
THREE is germane to the AGREEMENT, and 3) this AMENDMENT NUMBER THREE It,
In the best interest of NATURAL RESOURCES and the State of Ittinots
NOW THEREFORE, for and in consideration of these premises, the parties
hereto agree to the fogowIng mod: n:
1. The description of the LEVEE 37 PROJECT ELEMENT set forthin the 61,11
WHEREAS paragraph of the AGREEMENT shaft be amended toincfrrde
the PALATINE ROAD CLOSURE STRUCTURE ELEMENT added to
the Project pursuant to this Amendment Number 3. AN duties and
responsibilities of the Wles regarding the LEVEE 37 PROJECT
ELEMENT ,set forth In the AGREEMENT $hall locally Include and
also apply to the PALATINE ROAD CLOSURE STRUCTURE
ELEMENT added to the project pursuant to this Amendment Number
3.
2. At the end of paragraph D.6 of ow AGREEMENT. the 161100ino language
shall W added: *TRANSPORTATION will grant SCOM to ifs property as
shown on EXHIBIT D attached hereto sand incorporated herein by
reference, which amends amended ATTACHMENT 4 to the
AGREEMENT, the Intent herein being to rut additional s
and upon the additional access SM89 shown on EXHIBIT D to the
VILLAGE, CITY, !CORPS and NATURAL RESOURCES for the purpose of
consimellon, operelions, lospedlOnS. maintenance, repair and rehabilitation
of the LEVEE 37 PROJECT ELEMENT for so long as LEVEE
to NATURAL RESOURCES under Public Act.102-0017 Article 141, Section 70 in FY22
for expenditure by the Once of Water Resources for Flood Control and Water
Development Projects; and,
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to
develop engineering plans and special provisions, advertise and award. provide resident
engineering services during construction, and provide construction funding estimated at
$500,000, 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
ILCS 105.02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER THREE were not reasonably foreseeable at
the time the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER
THREE Is germane to the AGREEMENT„ and 3) this AMENDMENT NUMBER THREE; 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:
The descriptionof the LEVEE 37 PROJECT ELEMENT set forthin the 61h
WHEREAS paragraph of the AGREEMENT shall be amended to include
the PALATINE ROAD CLOSURE STRUCTURE ELEMENT added to
the Project pursuant to this Amendment Number 3. 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 PALATINE ROAD CLOSURE STRUCTURE
ELEMENT added to the project pursuant to this Amendment Number
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 D attached hereto and Incorporated herein by
reference, which amends amended ATTACHMENT 4 to ft
AGREEMENT, the intent herein being to grant such additional access over
and upon the additional access areas shown on EXHIBIT D to the
VtLt AC wE, CITY', CORDS 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 [DOT traffic access permit "
3 The parties to this AMENDMENT NUMBER THREE and the CORPS have
determined that the Levee 37 project limits need to be expanded as shown on
EXHIBIT D. TRANSPORTATION has agreed to expand the access area as
shown on such EXHI BIT-
4 The existing second sentence of paragraph A.2 of the AGREEMENT "I be
changed to the following: "NATURAL RESOURCES' funding obligation under this
AGREEMENT will terminate upon the completion of the PUMP STATION
ELEMENT and the PALATINE ROAD CLOSURE STRUCTURE ELEMENT, when
the NATURAL RESOURCES' cost share is expanded, or June 30, 2026,
whichever comes first"
5. 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-fedefaicash amount for the PALATINE ROAD CLOSURE
STRUCTURE ELEMENT added to the LEVEE 37 PROJECT ELEMENT,
estimated to be $500,000"
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 duty authorized to execute this
AMENDMENT NUMBER THREE on 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
2a
, Director
of
General Cosel
Date: , ZZ �ZZ
APPROVED FOR I IEGAL SUFFK,,LEN`1'T
Date,
. .. . tj-
Legal Counsel
CIO
APPROVED:
V-P
APPROVED*
Penrll
Chief Fiscal ffit U I (
Date, Zn
ATTEST:
ar � C(
arera Ayoranas, ,lerk
Date: 9 Z`/"ZZ
ATTEST:
0�'�ti��i��A
E
APPROVED:
APPROVED:
Karen Schultheis, arm MMOW uotmct;, .Acting
Depul / ..1 „� Mayor
Clerk �.r�►r,°,, Cityy of rospect He his
Date: � Z � *tl # 7 Date: r 622—
MTE —
OF P
RECOMMENDED:
Director -Division of Highways
Chief Engineer
Date:
APPROVED AS TO FORM:
Chief Counsel
Date: , w� n�..........�
APPROVED:
Omer Osman, Secretary
Date:
ATTEST:
area Agoranols,berk
!
Date:. 2Zl 00ZZ"
ATTEST:��,,_,�,
! J G0RP0,0,4
SEAL
Karen Schultheis,`•."
Deput Clerk
Date.
APPROVED:
APPROVED:
m
Mayor
City of IRrospect He'Dhtss
APPROVED:
Omer Osman, Secretary
Dante
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STATE OF ILUNOfS _
LEVEE TT CIOSM STSOC M AT FAEAM4 A"O PRISFECT JIMPITS,RUUM - c- .
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OEPARTNENT OF NATUPM RESOURCES
`
OFFICE OF WATER RESOURCES
PMPMD SITE FWV
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DEPARTMENT Of NATURAL RESOURCES
OFFICE OF WATER RESOURCES '
410-111 ACCESS ALTERNATIVES TO
CLOSURE STRUCTURF fOR
OPERATION AND
MAINTENANCE_
EXFSIF] TTE
nM AT PALATM &DAD IN PLUKCT 116W. . LUX=
INTERGOVERNMENTAL 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
forthe
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT ELEMENT,
LEVEE 3T
Contract No. OWR-243
Wltnesseth:
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CORPS, of 1 Project
WHEREAS, NATURAL RESOURCES will aPPIr a portion of
towards the additional cash requirementthe EVEE 37 PROJECT
NI � • �
NOW THEREFORE, for and In consideration of the benefits to be derived from the
completion of the PROJECT, (fie sufficiency of which is hereby acknowledged, it is agreed
between the parties hereto as fo'Iows�
FART A. SPECIAL CONDITION
1. The recltals set forth are incorporated by reference and made a part hereof, the
same constituting the factual basis for this transaction,
Z NATURAL RESOURCES' CES' funding obligation under this AGREEMENT is 5% of
the LEVEE 37 PROJECT ELEMENT cost and is estimated to be $901,320. NATURAL
RESOURCES' funding obligation will terminate upon the completion of the LEVEE 37
PROJECT ELEMENT, when NATURAL RESOD CER" cost share is expended, or June
0 2015, whichever comes first, NATURAL RESOURCES, CES, at its sole option, may
terminate or suspend this contract, in whole or in part„ without penalty or further payment
being required, If the 111nols General Assembly or the federal funding source faits to snake
an appropriation sufficient to pay such obligation, or if funds needed are Insufficient for any
reason.
AGREEMENT is limited to thhospe expenses associated with MILWAUKE tVENUEer this
IMPROVEMENTS,
4. All provisions of this AGREEMENT will be binding upon the successors and
assigns of the principal parties hereto.
5. This AGREEMENT may only be modified, assigned, supplemented, amended or
extended by mutual agreement, in writing, by the parties hereto.
6. Attached
rked
part hereof b reference, is aali`stingrof certifications, whiHMENT 2" p must be completng of four ed by CITY es and de
and VILLA 1,
work. In this instance the CITY and VILLAGE will reimburse NATURAL RESOURCES
for any and all costs that may be incurred by NATURAL RESOURCES in connection
therewith.
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PART C. DEPARTMPNT III: MAnM�AALLRRgEgSOqUQRFjM
In accordanco with the PCA,l NATURAL REsoUFtCES will rqvj W wany
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t. TRANSPORTATION will prepare fhe final design plans, specifications, and
contract documents; advertise for bids, make the contraot award; supervise the
construction (resident engineering); and pay, subject to reimbursement by other
government agencies, for the construction costs associated exclustvely with the
MILWAUKEE AVENUE IMPROVEMENTS. NATURAL RESOURCES will review and
approve to writing the plans and specifications for the MILWAUKEE AVENUE
IMPROVEMENTS as they pertain to the function of LEVEE 37 PROJECT ELEMENT
. T NSPORTATION"s fans will showthe designated boundaries of all
properties, easements or rights-ofway (hereinafter referred to as ""property rights
required for the construction, ration, maintenance, re air, rehabilitation and
replacement of the MILWAUIC AVENUE IMP RQEM?NTS.
3. TRANSPORTATION will be responsible for obtaining all permits from federal
and State agencies required for the construction, maintenance, rehabilitation and
replacement of the MILWAUKEE AVENUE IMPROVEMENTS.
4. TRANSPORTATION will ensure that its construction contractors carry all
ne ssa insurance during each phase of the MILWAUKEE AVENUE
IM PROV�MENTS.
E. I' RANSPORTATION shall cause its contractor to hold and save NATURAL
RESOURCES, CITY and VILLAGE free from al. damages arising from the construction,
of the MILWAUKEE AVENUE IMPROVEMENTS except for damages due to the fault or
negligence of NATURAL RESOURCES.
6. TRANSPORTATION will grant access to their property as shown on
ATTACHMENT 4 to the VILLAGE, CITY, CORPS and NATURAL RESOURCES for the
purpose of construcUon, operations, inspection, maintenance, repair and rehabilitation
of the LEVEE 37 PROJECT ELEMENT for so long as LEVEE 37 PROJECT ELEMENT
remains authorized by the CORP Any acfions of the VILLAGE, CITY, and/ow
NATURAL RESOURCES for the purpose of inspection, operations, maintenance, repair
and rehabilitation of the LEVEE 37 PROJECT ELEMENT that wilt Impact normal traffic;
flows will require an IDOT traffic access permit.
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If, WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written, and represent that the signatories below are duty authorized to execute
this AGREEMENT for the UPPER DES PLAINES RIVER FLOOD DAMAGE
REDUCTION PROJECT ELEMENT, LEVEE 37 on behalf of their respective bodies,
and that the effective date of this AGREEMENT is the date approved and executed by
the Director of NATURAL RESOURCES,
RECOMMENDED: APPROVED:
Gary . Clark, Director Sam Flood, Acting Director
Office of Water Resources Department of Natural Resources
Date:
APPROVED:
Ellen King -Pie - k,
Chief Fiscal Officer
APPROVED:
William Richardson
Chief Lega` Counsei
YtLLAGE OF MOUNT PROSPECT
ATTEST: APPROVED:
ayor
�4L& An �ell, Cfe�rk Irvana Vdl 4
Date: A�v
L,lTy OF P P—ECTHEIG_HTS
ATTEST: AP VET.:
Patrick Udig rj, cling Mayor
lox
RECOMMENDED: APPROVED:
—&OLIJImaj—, Christine M. Reed, P.E. Secretary of Milton R. Sees, P.E. Transportation
Director -Division of Highways
Chief Engineer Date--%Ls:�LC�K__
Attachments- 1, PCA
2, Conilkattons
3, Operation and MaintensncB Manual
4, 100T tights-of,waY required for project
. ... .. ....
AFIA IHNU-illv �
AMENDMENT NUMBER ONE
to an
AGREEMENT
between the
STATE OF ILLINOISIDEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOISIDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
for the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT,
LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER ONE 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 IIIlnolsfDepadment of Natural Resources,
hereinafter referred to as "NATURAL RESOURCES* and the State of
Illinolsl'1Jepartment of Transportation, hereinafter referred to as "T NSPORTATION",
and entered into this 1 L Day of 2W,14
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPORTATION entered into an agreement, hereinafter referred to as the
*AGREEMENT," effective September 18, 2008, a copy of which is attached hereto as
EXHIBIT A and Incorporated herein by reference, covering the construction of the Levee
37 Project Element, hereinafter referred to as the "PROJECT"; and
WHEREAS, additional rights -of -way belonging to TRANSPORTATION are
required for completion of the PROJECT; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER ONE were not reasonably foreseeable at the
time the AGREEMENT was originally executed, 2) AMENDMENT NUMBER ONE is
germane: to the AGREEMENT as originally executed, and ) this AMENDMENT
NUMBER ONE and the AGREEMENT are in the best interest of NATURAL
RESOURCES and the State of Illinois; 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 105/9,02; and
NOW THEREFORE, for and in consideration of these premises, the parties
hereto agree to the following modifications therein:
To end of paragraph B.6 of the AGREEMENT, add the following language:
"TRANSPORTATION will grant access to their property as shown on
EXHIBIT B attached hereto and Incorporated herein by reference, which
amends ATTACHMENT 4 to the AGREEMENT the Intent herein is to grant
such additional access over and upon the additional easement areas
shown on the amended ATTACHMENT 4 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
andfor 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 01
require an IDOT traffic access permit."
The parties to this AMENDMENT NUMBER ONE and the CORPS have
determined the Levee 37 project limits need to be expanded as shown on
EXHIBIT B. TRANSPORTATION has agreed to expand the easement as
shown, The parties to this AMENDMENT NUMBER ONE have agreed
that the CORPS shall prepare surveys desoribing the easement area as
expanded by this AMENDMENT NUMBER ONE. Upon receipt of the
revisedsurveys from the CORPS, the parties shall review said documents
and, If alit concur, attach the surveys to this AMENDMENT NUMBER ONE
post execution, Each party shall give its approval in writing. Said approval
shall not be unreasonably wlthhefd. It Is understood by the parties hereto
that should the Amended Easement surveys not be prepared, reviewed
and approved within a reasonable time after the execution of this
AMENDMENT NUMBER ONE, TRANSPORTATION shall have the right to
revoke this Amendment.
All other covenants under terms of the September 16, 2008 AGREEMENT
remain unchanged and in full force and effect.
IN WITNESS WHEREOF. the parties hereto set their hands and seals the day and year
wtitlen, and represent that the signaluties below are (July qi,Mionzed to execute this
AMENDMENT NUMBER ONE on b0alf of their respective bodies. 8"d (Ii4l the effective
date of this amendment is the date Approved and eXeCUted by the Director of NATURAL
RESOURCES.
STATE OF, 1. ois DEPARTMENT
RECOMMENDED:
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Affa-6"q"""TL"XT"
Office of Water Resources,
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ATTEST:
Lisa Angell,
Date:
APPROVED:
Arlene A. Jura Mayor
Village of Mount Prospect
Date: b.--lp o./3
ATTEST: APPROVED:
Stacey Adamson, CrIC Alas &JHKi�i�_r%--Mav_o_r"
Date- .1-olo City of Prospect Heights
STATE OF
RECOMMENDED. APrPOVED,,
AIMAt (V I * .. 1 .11
ec6e'
spo
Director -Division of Highways Departrn n Tr sportation
7t
Chief Engineer Date
Data*
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I've) Iftw Permanent Easment
IM, Permanent Easement
Temporary Easement
Exhibit C
AMENDMENT NUMBER TWO
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOISIDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
for the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT,
LEVEE 37
Contract Number OWR-243
THIS AMENOMENT NUMBER TWO is made arnonE the City of Prospect
Heights, hereinafter referred to as Ov *CITY*, the Village of Mount Pros , hereinafter
referred to as the `1ltLLAGE% the State of 111100Is pas rat of Natural Resources,
hereinafter referred to as WATURAL RESOURCES* and the State of
101noislDepattment of Transportation, hereirwrafter referred to as 'TRANSPORTATION
and
WHEREAS. the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPORTATION er4ered into an agreement and subsequent amendment number
one, effective September 16.200,8 and January, 312014 respectively, heteirafter
collectively referred to as the 'AG EM #- copies of which are ,attached hereto as
EXHIBIT A and EXHIBIT S and Incorporated herein by reference, covering the
construction of the Levee 37 Project Element, hereinafter referred to as the
"PROJECT" and
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WHEREAS, the VILLAGE has acquired, in the name of the VILLAGE and without
coat to NATURAL RESOURCES, TRANSPORTATION or CITY, a pwmansnt easement
to (ecllttets the construction, operation and maintenance of the PROJECT from the
Forest Preserve District of Cook. County, end,
WHEREAS, the CORPS has estimated the total cost of construction and
materials of the PUMP STATION ELEMENT to be $3,699,660 and N+Netursl R960I
additional nonfederal cash amount for the PUMP STATION ELEMENT payable to the
CORPS to be $1,284,543, and,
WHEREAS, the Illinois General Assembty appropriated the funds needed to
complete installation of the PUMP STATION ELEMENT to NATURAL RESOURCES
under Public Act 101-000Article 148, Section 45 In FY20 and Public Act, 101 8
Article 11, Suction 75 In FY'21, for expenditure by the 011 of Water Resources for
Flood Control and Water Development Projects; end,
WHEREAS, NATURAL RESOURCES has determined OW the execution of this
AGREEMENT is subject to the signature requirements of 'State Finance Act," 30
iLCS 105*2.02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necesobling this AMENDMENT NUMBER TWO were not reasonably foireseeable at the
time the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER
TWO is germane to the AGREEMENT, and 3) thla AMENDMENT NUMBER TWO is In
the best Interest of NATURAL RESOURCES and the State of Iainwols.
NOW THEREFORE, for and In consideration of these premises, the Parties
hereto agree to the following modifications therein:
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3. The parties to this AMENDMENT NUMBER TWO and the CORPS trewe
determined that the Levee 37 prod Iimits 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 RE OURCES ' funding obligation
under this AGREEMENT wig terminate upon the completion of the PUMP
STATION ELEMENT, when ft NATURAL RESOURCES` cost share is
expended, of June 30, 2025, whichever comes first,"
5 After the first "ntewe of paragraph A,2 of the AGREEMENT, the
sentence shallea d: itionaWy, Natural urces,
banding obligation Shall Include ft non-federal cash amount for the pump
STATION ELEMENT added to to LEVEE 37 PROJECT ELEMENT,
estimated to be $1,284,543.0
6. All other cOvOnOrds under terms Of (he AGREEMENT remain unchanged
and In full force and effect except and to the extent otherwrlse provided
herein.
IN WITNESS VMEREOF, theParties he set OWt hands and Seale ft day and year
written, and represent that the signalories below are duly+ authorized to execute this
AMENDMENT NUMBER TVVO an behalf of ftir respectift bodies, and that the
ettective dads of this am ndrnent Is the date approved and executed by the Director of
NATURAL RESOURCES.
General Counsel
APPROVED FOR EXECUTION
Date:Legal
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l i uV11��1� 111 � ii r u�'y
Chief Fiscal Officer
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ATTEST: APPROVED:
d
Car are w rk Arlene A. Jur .ayor
Date: Q / L4� Village of 0 t Pa. part
Date: q / two
ATTEST: APPROVED:
,rl
RECOMMENDED:
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Date'(-Q(VWon of Highways ry
Chief Ert#Meer
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APPROVED ° TO FORM:
��wtall�i�iwnvnu.. i 'i� iwx Ma�xn�mxnwowxm .wr
ar:,n Chief Counsel
P I AT 0 F S U R V F"i Y
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Tow ugjflp 42 Norf.1h, Range pp Easnof 1Lhe Third Prmpdi
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tM11113114 L,
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDMENT #4 TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT), ILLINOIS DEPARTMENT
OF NATURAL RESOURCES (IDNR), CITY OF PROSPECT HEIGHTS, AND VILLAGE OF MOUNT PROSPECT
FOR THE UPPER DES PLAINES RIVER FLOOD DAMANGE REDUCTION PROJECT ELEMENT, LEVEE 37
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; IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect entered into an agreement
and subsequent amendment numbers one and two, and three effective September 16, 2008, and January 31,
2014, September 4, 2020 and November 12, 2024 respectively, covering the construction of the Levee 37
Project Element; and
WHEREAS, the Illinois General Assembly appropriated funds needed to complete the installation of the
Palatine Road Closure Structure Element to the IDNR under Public Act 103-0589 Article 143, Section 60 in
FY25 for expenditure by the Office of Water Resources for Flood Control and Water Development Projects; and
WHEREAS, the Army Corps of Engineers requested and the IDNR agreed to develop engineering plans and
special provisions, advertise and award, provide resident engineering services during construction, and
provide construction funding for the Palatine Road Closure Element; and
WHEREAS, IDNR and the City of Prospect Heights agreed to provide construction funding for the Palatine
Road Closure Element; and
WHEREAS, the term of the Agreement between IDNR, IDOT, Prospect Heights, and Mount Prospect must be
extended from June 30, 2025 to December 31, 2028 to facilitate construction of the Palatine Road Closure
Element;
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 Fourto 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 Four 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: This Resolution shall be in full force and effect from and after its passage.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 2"d day of April2025.
Paul W. Hoefert, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk