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R-1838 - 11/12/2019 - BOARD OF TRUSTEES - Resolutions ITEM 6.D.3 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R92- K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of November 12, 2019 SUBJECT: Intergovernmental Agreement between the County of DuPage and the Village of Oak Brook, in Regards to, 31St Street Construction from Meyers to York Road FROM: Doug Patchin, Director of Public Works Z)p BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Resolution R- 1838, an Intergovernmental Agreement(IGA)between the County of DuPage and the Village of Oak Brook for the Acquisition of Temporary Construction Easements and permanent Rights of Way along 31 St Street. Also the future monthly energy cost and fifty percent(50%) of the annual maintenance for the traffic signals located at 31St Street and Jorie Boulevard. Background/Historv: As part of the Counties 31St Street repair project which includes milling and resurfacing work, curb and drainage repairs on 3 Is' Street between Meyers Road and York Road and the 31St Street widening between Illinois Route 83 and Spring Road. The County will need to purchase property from the Village for temporary construction easements and permanent Right-of-Way at the following locations; southeast corner of 31 st Street and Meyers Road, the North side of 31 st Street between Jorie Boulevard. and Spring Road, also on the north side of 31 St Street at Bath and Tennis Drive and Polo Drive. The County shall pay the Village $180,000 as the fair market value for the proposed acquisition of Village owned property following the execution of this Agreement. As part of this Agreement; • The Village agrees to reimburse the County fifty percent(50%) of the local match of construction cost for the traffic signal modernization at Jorie Boulevard estimated at $51,000. RG • The Village agrees to reimburse the County an additional ten percent (10%) of the Villages actual final share of construction cost of the signal Jorie Boulevard for construction Engineering, estimated at $5,100. • The Village agrees to reimburse the County fifty percent (50%) of the design engineering cost for the signal work at Jorie Boulevard. Villages share estimated to be$8,400. The estimated balance paid to the Village after the deduction of the agreed reimbursements is $115,500. Upon completion, the Village agrees to pay for all monthly energy costs for the traffic signal and shall be invoiced directly by the energy provider. The village also agrees to pay fifty percent (50%) of the maintenance cost for the signal upon completion of the project. The County will invoice the Village annually for the traffic signal maintenance. Recommendation: That the Village Board approve Resolution R-1838, an Intergovernmental Agreement(IGA)between the County of DuPage and the Village of Oak Brook for the Acquisition of Temporary Construction Easements and Rights of Way along 31st Street. Also the future monthly energy cost and fifty percent(50%)of the annual maintenance for the traffic signals located at 3 Is'Street and Jorie Boulevard. THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2019-R-1838 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF OAK BROOK REGARDING CERTAIN ROADWAY AND OTHER PUBLIC IMPROVEMENTS ALONG COUNTY HIGHWAY (CH) 34/31 ST STREET FROM MEYERS ROAD TO YORK ROAD AND THE CONVEYANCE OF CERTAIN REAL ESTATE TO THE COUNTY OF DUPAGE FOR RIGHT-OF-WAY PURPOSES GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BARR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of November, 2019 RESOLUTION 2019-R-1838 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF OAK BROOK REGARDING CERTAIN ROADWAY AND OTHER PUBLIC IMPROVEMENTS ALONG COUNTY HIGHWAY (CH) 34/31 ST STREET FROM MEYERS ROAD TO YORK ROAD AND THE CONVEYANCE OF CERTAIN REAL ESTATE TO THE COUNTY OF DUPAGE FOR RIGHT-OF-WAY PURPOSES WHEREAS, the Village of Oak Brook, DuPage and Cook Counties, Illinois (the "Village") is an Illinois municipal corporation; and WHEREAS, Article VII, Section 10(a) of the Illinois Constitution of 1970 confers broad powers upon units of local government to contract or otherwise associate among themselves, with the State of Illinois, with other states and their units of local government, and with the United States to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance; and WHEREAS, Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/3) provides that any powers, privileges, functions or authority exercised by any unit of local government in the State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency or unit of local government of any other state or of the United States unless otherwise prohibited by law; and WHEREAS, Section 5 of the Intergovernmental Cooperation Act (5 ILCS 220/5) authorizes units of local government to contract with one or more units of local government, within and outside of the State of Illinois, to perform any governmental service, activity or undertaking or to combine, transfer, or exercise any powers, functions, privileges, or authority which any of the units of local government entering into the contract is authorized by law to perform; and WHEREAS, DuPage County is currently in the process of planning certain roadway and other public improvements along County Highway (CH) 34/31st Street from Meyers Road to York Road ("Project'); and WHEREAS, the Project includes certain milling and resurfacing work, curb and drainage repairs along 31St Street as well as the construction of certain intersection improvements and traffic signal modernizations at the intersection of Jorie Boulevard and 31 St Street; and 2 WHEREAS, in order to complete the Project, the County has prepared an intergovernmental agreement between the Village and the County to provide for the conveyance of certain Village owned real estate to the County for right-of-way purposes, the granting of certain temporary construction easements to the County, and an agreement to share in the construction and maintenance costs related to the traffic signal modernization work on the Project at the Jorie Boulevard intersection; and WHEREAS, Section 2 of the Local Government Property Transfer Act, 50 ILCS 605/2, authorizes a municipality pursuant to a resolution passed by a two-thirds vote of the members of its corporate authorities to convey real estate to another municipality; and WHEREAS, the Village President and the Board of Trustees have determined that it is in the best interest of the Village and the public to approve the intergovernmental agreement between the Village of Oak Brook and DuPage County regarding the roadway and other public improvements associated with the Project, including the conveyance of certain Village owned property to the County for right-of-way purposes and the granting of certain temporary construction easements to the County. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows: SECTION 1: Recitals. The Village Board finds and determines the above recitals to be true and correct and incorporates them as if written here in full. SECTION 2: Approval of the Intergovernmental Agreement. The corporate authorities of the Village of Oak Brook hereby approve the Intergovernmental Agreement between the County of DuPage and the Village of Oak Brook, CH 34/31s1 Street from Meyers Road to York Road, Section No.: 14-00259-05-CH ("IGA") substantially in the form attached hereto and made a part hereof as EXHIBIT A. SECTION 3: Approval of Conveyance of Real Estate and Temporary Construction Easements. The corporate authorities of the Village of Oak Brook further approve and authorize the conveyance of the Village owned real estate to the County, which property is comprised of a 3 portion of P.I.N. 06-26-400-012-0000 containing 0.270 acre or 11,783 square feet, as well as the granting of the temporary construction easements to the County as provided in the IGA. SECTION 4: Authorization to Execute the Intergovernmental Agreement and Related Documents. The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to the IGA substantially in the form attached hereto as EXHIBIT A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such IGA. The Village President and Village Clerk are further authorized to execute the temporary construction easement agreements and the quit claim deed attached to the IGA and other such necessary documents to effectuate the conveyance of the Village owned real estate to the County and the granting of such temporary construction easements to the County. SECTION 5: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. PASSED by the Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois this 12th day of November, 2019. AYES: Trustees Baar, Cuevas, Manzo, Tiesen a Yusuf NAYS: None ABSENT: Trustee Saiyed APPROVED by Village President,Gopal G. Lalmalani, this 12th day of November, 2019 ATTEST Gopal G. Lalmalani, Village President Charlotte K. Pruss, Village Clerk 4 STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) CLERK'S CERTIFICATE I, CHARLOTTE K. PRUSS, the duly appointed, and qualified Village Clerk in and for the Village of Oak Brook, DuPage and Cook Counties, Illinois do hereby certify that I am the keeper of the files, records, and seal of said Village, and that the following is a true and correct copy of Resolution838 2019-R-1838 entitled: RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF OAK BROOK REGARDING CERTAIN ROADWAY AND OTHER PUBLIC IMPROVEMENTS ALONG COUNTY HIGHWAY (CH) 34/31 ST STREET FROM MEYERS ROAD TO YORK ROAD AND THE CONVEYANCE OF CERTAIN REAL ESTATE TO THE COUNTY OF DUPAGE FOR RIGHT-OF-WAY PURPOSES which Resolution was duly passed by said Board of Trustees at a regular meeting held on the 12th day of November, 2019, and thereafter approved by the Village President on the 12th day of November, 2019. 1 do further certify that a quorum of said Board of Trustees was present at said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Corporate Seal of said Village of Oak Brook, DuPage and Cook Counties, Illinois on the date set forth herein. Charlotte K. Pruss C,.o 0 Village Clerk COUNS1 , 5 REVIEW OF CONTRACTS Awarding Agency: Type of Contract: Department: Program/Account Number: � EI Awardeo Contract Price; , 13 deted Amount; Under $20,000 F-1 $s00,001 - $1,000,000 F-1 $20,000 - $500,000 [� Over $1,000,000 r,P_oJ -4f oil od 1 Name: Date: 9 Name: -�� ' Date: �013011q Gf Name: Date: �0 ,! Name: -'� Date: 0 Three (3) Originals signed by other party Date/Initlais F-1 Original provided to staff member for other party Date/Initials 1 F-1 Original provided to Official Files Date/Initials Village of Oak Brook I Approved by Board of Trustees- Date/initials: