2021-09-20 - Ordinance 2021-066 - APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK RELATING TO AN INVEST IN COOK GRANT FOR THE PHASE I ENGINEERING STUDY FOR LAKE COOK ROAD BETWEEN RAUPP BOULEVARD AND ARLINGTON HEIGHTS ROAD ORDINANCE NO. 2021-066
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK
RELATING TO AN INVEST IN COOK GRANT FOR THE PHASE I ENGINEERING STUDY FOR LAKE COOK
ROAD BETWEEN RAUPP BOULEVARD AND ARLINGTON HEIGHTS ROAD
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution
of 1970; and,
WHEREAS, the quality of life is enhanced by a high quality arterial street transportation system
which operates efficiently and which does not experience extreme congestion so as to induce motorists
to "cut through" neighborhood streets in order to reduce travel times; and,
WHEREAS,the Village of Buffalo Grove has been awarded an Invest in Cook Grant in the amount
of $500,000 for the Phase I Engineering Study for Lake Cook Road, between Raupp Boulevard and
Arlington Heights Road. and,
NOW,THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
Section 1:The Agreement entitled "Intergovernmental Agreement" between the County of Cook
and the Village of Buffalo Grove related to the Lake Cook Road (Raupp Boulevard to Arlington
Heights Road) Phase I Engineering Study, is hereby approved ("Agreement"). The foregoing
WHEREAS clauses are hereby incorporated.
Section 2: The Village President and Village Clerk are authorized and directed to execute the
Agreement.A copy of said Agreement is attached hereto and made a part hereof.
Section 3:This Ordinance shall be in full force and effect from and after its passage and approval
and shall not be codified.
AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYES: 0—None
ABSENT: 0—None
PASSED: September 2.0, 202
APPROVED: September 20 2021
APPROVED:
6&,6" ILA���-
Beverly Sussm illage President
ATTEST:
Janet irabian, Tillage Clerk
C 0 N4I C"'If9N0
AN INITIATIVE OF:
C UNTY
INTERGOVERNMENTAL AGREEMENT
This INTERGOVERNMENTAL AGREEMENT (the "AGREEMENT"), effective upon the last dated signature
below, is entered into by and between the COUNTY OF COOK,a body politic and corporate of the State of
Illinois (the "COUNTY"), acting by and through its DEPARTMENT OF TRANSPORTATION AND HIGHWAYS
(the "DEPARTMENT"), and the VILLAGE OF BUFFALO GROVE, a municipal corporation of the State of
Illinois (the "GRANTEE" or "VILLAGE"). The COUNTY and VILLAGE are sometimes referred to herein
individually as a "PARTY"and collectively as the"PARTIES."
RECITALS
WHEREAS,Cook County Board President Toni Preckwinkle and the Cook County Board of Commissioners
are committed to supporting the growth and economic vitality of communities in Cook County by
promoting strategic partnerships and investments in transportation;
WHEREAS, on August 3, 2016, the Board of Commissioners unanimously approved Connecting Cook
County,the COUNTY's first long range transportation plan in 75 years;
WHEREAS,Connecting Cook County identifies five priorities to shape the COUNTY's transportation policies
and capital improvement program:
Prioritize transit and other transportation alternatives to address congestion on our roads and
meet the travel needs of residents who cannot afford a car or choose not to have one;
Support the region's role as North America's freight capital to spur economic growth and job
creation;
• Promote equal access to opportunities to achieve greater and more evenly distributed economic
growth;
• Maintain and modernize existing transportation facilities to minimize long-term operating costs,
safety hazards, delays and congestion, and ensure that today's investments do not preclude
future innovation and growth; and
• Increase investments in transportation to maintain the region's economic competitiveness;
WHEREAS, Invest in Cook is an annual $8.5 million program that funds planning and feasibility studies,
engineering, right-of-way acquisition, and construction of transportation improvements sponsored by
local and regional governments and private partners that are consistent with the priorities of Connecting
Cook County;
WHEREAS, since its creation, the Invest in Cook program has leveraged over $104 million in additional
federal, state and local funds;
WHEREAS,on July 29,2021,the COUNTY informed the VILLAGE that it had been selected for participation
in the 2021 Invest in Cook Program;
INTERGOVERNMEN FAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-I I CRD-02-EG
2021 invest in Cook Program
WHEREAS,the COUNTY has agreed to award the VILLAGE up to Five Hundred Thousand Dollars($500,000)
toward Phase I engineering costs for improvements to Lake Cook Road between Arlington Heights Road
and Raupp Boulevard (the"PROJECT");
WHEREAS, Lake Cook Road is a strategic regional arterial serving east-west commuter, truck, and
residential traffic to north-south interstate routes;
WHEREAS, the PROJECT will address safety issues at identified critical intersections and improve the
deteriorated pavement conditions;
WHEREAS, the Phase I engineering study will also evaluate multiple improvements to the corridor and
intersecting roadways to accommodate future traffic needs, reduce congestion, and expand transit
access;
WHEREAS,the PARTIES by this instrument shall determine and establish their respective responsibilities
for Phase I engineering,funding and reporting of the PROJECT;
WHEREAS,the COUNTY, by virtue of its powers as set forth in the Counties Code, 55 ILCS 5/1-1 et seq.,
and the Illinois Highway Code, 605 ILCS 5/1-101 et seq., is authorized to enter into this AGREEMENT;
WHEREAS,the GRANTEE, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-
1 et seq., is authorized to enter into this AGREEMENT; and
WHEREAS,this AGREEMENT is further authorized under Article VII, Section 10 of the Illinois Constitution
and by the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
NOW,THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained
herein,the PARTIES agree as follows:
I. PHASE I ENGINEERING
A. Era lneerirr A reernr nt. The GRANTEE shall enter into an agreement with a professional
engineering firm/consultantto perform Phase I engineering services for the PROJECT. The
GRANTEE shall forward a copy of the Phase I engineering agreement to the COUNTY
within fourteen (14) calendar days of execution.
B. Consultant Selection. In awarding and administering the Phase I engineering agreement,
the GRANTEE shall comply with all applicable state and federal laws and regulations.
C. RFP Issuance. The COUNTY may require the GRANTEE to utilize a Qualifications-Based
Selection (QBS) process in selecting its consultant. If fewer than three (3) qualified
consultants submit letters of interest in response to any Request for Proposals (RFP)
issued by the GRANTEE,the COUNTY may require the GRANTEE to reissue the RFP.
D. Proilect Deliverables. Upon request by the COUNTY, the GRANTEE shall provide the
COUNTY with copies of all deliverables produced by the consultant and submitted to the
GRANTEE,including, but not limited to,any and all surveys,studies,reports,charts, maps,
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:214 I CR D-02-EG
2021 Invest in Cook Program
drawings, agreements, data, plans, specifications, estimates, plats, permits and special
provisions.
E. Meetings.tins. The GRANTEE and/or its consultant shall coordinate and conduct any public
meetings or hearings required by the Illinois Department of Transportation (IDOT)or any
other state or federal agency as part of the Phase I engineering study. The GRANTEE shall
provide not less than fourteen (14) calendar days' advance written notice to the COUNTY
of the PROJECT kick-off meeting,if applicable,and any public meetings or hearings as part
of the PROJECT.
F. Draft Project Develo MgLg Re ort.s. The GRANTEE shall provide the COUNTY with
electronic copies of any draft Project Development Reports prepared for the PROJECT.
G. Final Project Development Report. The GRANTEE and/or its consultant shall provide
IDOT with any and all documents necessary to secure IDOT approval of the Project
Development Report (PDR) for the PROJECT. Upon completion, the GRANTEE shall
provide the COUNTY with one (1) paper copy and an electronic copy of the final PDR.
H. Lead Amy. The GRANTEE agrees to assume overall responsibility for the PROJECT,
including ensuring that all required permits and joint participation and/or force account
agreements are secured.
i. County Permilts. The COUNTY shall grant and consent to any and all permits for right of
access (ingress or egress)and/or temporary use of its property within the PROJECT limits
to the GRANTEE and/or its agents, without charge of permit fees to the GRANTEE. Any
permit(s)for right of access and/or temporary use of any of the COUNTY's property shall
not be unreasonably withheld by the COUNTY.
J. Submittals. All submittals required of the GRANTEE underthis section of the AGREEMENT
shall be directed to:
Bureau Chief of Project Development
Attn:Tara Orbon, P.E.
Cook County Department of Transportation and Highways
69 W. Washington Street,23rd Floor
Chicago, IL 60602
E-mail:Tara.OrbonfMcookicountvil. ov
II. SCHEDULE AND TERMINATION
A. Notice to Proceed. Execution of this AGREEMENT by the PARTIES shall be deemed a
"Notice to Proceed"for the GRANTEE to commence work on the PROJECT.
B. Schedule. A schedule for the PROJECT is incorporated into and made a part of this
AGREEMENT and attached as EXHIBIT B.
3
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section!21-IICRD-02-EG
2021 Invest in Cook Program
C. Jnctioty. The COUNTY may terminate this AGREEMENT if the Phase I engineering
agreement for the PROJECT is not executed by the GRANTEE within one(1)year after the
Effective Date of this AGREEMENT,as defined in Section V(J) below.
D. Sus ension or Early Termination. Subject to Section V (L) below, the GRANTEE agrees
that, if the COUNTY determines that the GRANTEE has not complied with or is not
complying with, has failed to perform or is failing to perform, has not met or is not
meeting significant PROJECT milestones or objectives, or is in default under any of the
provisions of this AGREEMENT,whether due to failure or inability to perform or any other
cause whatsoever, the COUNTY, after written notification to the GRANTEE of said non-
compliance or default and failure by the GRANTEE to correct said violations within sixty
(60)calendar days, may:
1. suspend or terminate this AGREEMENT in whole or in part by written notice,
and/or:
2. demand refund of any funds disbursed to the GRANTEE;
3. deduct any refunds or repayments from any funds obligated to,but not expended
by the GRANTEE,whether from this or any other project;
4. temporarily withhold cash payments pending correction of deficiencies by the
GRANTEE or more severe enforcement action by the COUNTY;
S. disallow all or part of the cost of the activity or action not in compliance;
6. take other remedies legally available;or
7. take appropriate legal action.
E. Termination. Unless extended by the DEPARTMENT's Superintendent or their designee
in writing,this AGREEMENT terminates upon approval of the final PDR by IDOT and final
reimbursement by the COUNTY, or November 30, 2026,whichever date is earlier.
F. Extensions. The DEPARTMENT's Superintendent or their designee may extend in writing
any deadline imposed by this section, including, but not limited to,the termination date
of the AGREEMENT.
III. FINANCIAL
A. Cost Estimate. The total estimated cost of Phase I engineering services for the PROJECT
is One Million Three Hundred Ninety Thousand Dollars ($1,390,000).
B. Grantee Cost Participation. The GRANTEE agrees to pay all actual Phase I engineering
costs for the PROJECT, subject to reimbursement by the COUNTY as hereinafter
stipulated.
C. Countv Cost Participation. The COUNTY agrees to reimburse the GRANTEE for 36% of
actual Phase I engineering costs for the PROJECT (the "COUNTY's SHARE"), up to a total
maximum contribution of Five Hundred Thousand Dollars ($500,000) (the "MAXIMUM
CONTRIBUTION").
D. Advance Payment. The COUNTY agrees that upon execution of the Phase I engineering
agreement for the PROJECT and receipt of an invoice from the GRANTEE, the COUNTY
shall make an advance payment to the GRANTEE in the amount of Two Hundred Fifty
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-I I CRD-02-EG
2021 Invest in Cook Program
Thousand Dollars ($250,000). This amount represents 50% of the COUNTY's MAXIMUM
CONTRIBUTION under this AGREEMENT.
E. Second'Payment. The COUNTY agrees that upon submittal of the draft PDR to IDOT and
receipt of an invoice from the GRANTEE,the COUNTY shall make a second payment to the
GRANTEE in the amount of One Hundred Twenty-Five Thousand Dollars($125,000). This
amount and the advance payment to the GRANTEE represent 75% of the COUNTY's
MAXIMUM CONTRIBUTION under this AGREEMENT.
F. Final Reimbursement. The COUNTY agrees that upon receipt of an invoice from the
GRANTEE following approval of the final PDR by IDOT, the COUNTY shall make a final
payment to the GRANTEE for the balance of the COUNTY's SHARE under this
AGREEMENT. The amount of the final payment shall be based upon the actual cost of
Phase I engineering services for the PROJECT and shall reflect the COUNTY's prior
payments to the GRANTEE. If the prior payments made to the GRANTEE by the COUNTY
exceed the COUNTY's SHARE under this AGREEMENT, the COUNTY may require the
GRANTEE to return any or all excess funds.
G. Final Reimbursement Documentation. In order to receive final reimbursement from the
COUNTY, the GRANTEE must submit the following documentation along with the final
invoice:
1. a cover letter addressed to the DEPARTMENT's Bureau Chief of Project
Development, including the name of the PROJECT and its associated section
number;
2. copies of all cancelled checks paid to the consultant(s)(or copies of the associated
bank ledgers reflecting the payments), or a letter(s) from the consultant(s)
confirming payment was received for the service(s) rendered; and
3. copies of all associated invoices submitted to the GRANTEE by the consultant(s)
for the service(s) rendered.
H. Insufficient Documentation. If the documentation submitted by the GRANTEE for final
reimbursement is reasonably deemed by the COUNTY as not sufficiently documenting the
work completed,the COUNTY may require further records and supporting documents to
verify the amounts,recipients and uses of all funds invoiced pursuant to this AGREEMENT.
I. Ineli ible Ex enditures. It is understood and agreed to by the PARTIES that the COUNTY
will not reimburse the GRANTEE for any expenditures that are:
1. contrary to the provisions of this AGREEMENT;
2. not directly related to carrying out Phase I engineering services for the PROJECT;
3. not paid by the GRANTEE or its consultant(s);
4. of a regular and continuing nature, including, but not limited to, administrative
costs,staff and overhead costs, rent, utilities and maintenance costs;
5. incurred without the consent of the COUNTY after written notice of suspension
or termination of any or all of the COUNTY's obligations under Section II (D) of
this AGREEMENT; and/or
6. in excess of the COUNTY's MAXIMUM CONTRIBUTION under this AGREEMENT.
5
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-I I C RD-02-EG
2021 Invest in Cook Program
J. Supplemental our Substitute Work. Either PARTY may request, after the Phase I
engineering agreement is awarded by the GRANTEE, that supplemental or costlier
substitute work be added to the agreement's scope of work. The GRANTEE will cause said
supplemental or substitute work to be added to the agreement, provided that said work
shall not unreasonably delay the PROJECT schedule. Unless otherwise agreed to by the
PARTIES in writing, whichever PARTY requested or caused said supplemental or costlier
substitute work shall pay for the cost increases of said work in full.
K. Funding Breakdown. A funding breakdown is incorporated into and made a part of this
AGREEMENT and attached as EXHIBIT A.
L. Submittals. All submittals required of the GRANTEE underthis section of the AGREEMENT
shall be directed to:
Bureau Chief of Project Development
Attn:Tara Orbon, P.E.
Cook County Department of Transportation and Highways
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail:Tara. r'bore@cool<couri-,,vyll...O
IV. REPORTING
A. Quarterly Performance Reports. The GRANTEE must submit quarterly performance
reports to the COUNTY not later than thirty (30) days after the reporting period as
determined by the COUNTY. Quarterly performance reports must include the following
information:
1. a cover letter addressed to the DEPARTMENT's Bureau Chief of Strategic Planning
and Policy,including the name of the PROJECT and its associated section number;
2. an estimated percentage of Phase I engineering work completed forthe PROJECT;
3. a statement indicating whether Phase I engineering work for the PROJECT is on,
behind or ahead of schedule;
4. a record of Phase I engineering activities and expenditures to date and for the
current reporting period;
5. a forecast of quarterly Phase I engineering activities and expenditures for the
remainder of the PROJECT;and
6. any significant changes to the PROJECT schedule.
B. Extensions. The GRANTEE may request to extend the due date of any quarterly
performance reports and the COUNTY will reasonably consider any such requests.
C. Use of Reports. The COUNTY will use quarterly performance reports to compare the rate
of the GRANTEE's actual expenditures to the planned amounts in the approved PROJECT
budget (EXHIBIT A) and to track Phase I engineering activities against the approved
milestones in the PROJECT schedule (EXHIBIT B).
D. ,Final Performance Report. The GRANTEE must submit a final performance report with
its request for final reimbursement. The final report should describe cumulative Phase 1
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
5-tiom 21-IICRD-02-EG
2021 Invest in Cook Program
engineering activities, including a complete description of the GRANTEE's achievements
with respect to the PROJECT's objectives and milestones. The COUNTY will not issue final
reimbursement until the final report is submitted.
E. Report Format. The GRANTEE shall use whatever forms or documents are required for
use by the COUNTY in submitting the quarterly and final performance reports.
F. Failure to Report. The GRANTEE understands and agrees that the failure to submit timely
and complete performance reports will result in the delay of funds and/or the denial of
future funding.
G. Submittals. All submittals required of the GRANTEE under this section of the AGREEMENT
shall be directed to:
Bureau Chief of Strategic Planning and Policy
Attn:Jesse Elam
Cook County Department of Transportation and Highways
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail:Jesse.Fla m a?cookcount it gl ov
V. GENERAL CONDITIONS
A. Authorit to Execute. The PARTIES have read and reviewed the terms of this AGREEMENT
and by their signatures as affixed below represent that the signing party has the authority
to execute this AGREEMENT and that the PARTIES intend to be bound by the terms and
conditions contained herein.
B. ffindin Successors. This AGREEMENT shall be binding upon and inure to the benefit of
the PARTIES and their respective successors and approved assigns.
C. Compliance with Laws. Rules and RegqLatiqLn4. The PARTIES shall at all times observe
and comply with all federal, state and local laws and regulations, as amended from time
to time, in carrying out the terms and conditions of this AGREEMENT.
D. Conflicts of Interest. The GRANTEE understands and agrees that no director, officer,
agent or employee of the GRANTEE may have an interest, whether directly or indirectly,
in any contract or agreement or the performance of any work pertaining to this
AGREEMENT;represent,either as an agent or otherwise,any person,trust or corporation,
with respect to any application or bid for any contract or agreement or work pertaining
to this AGREEMENT; or take, accept or solicit, either directly or indirectly, any money or
thing of value as a gift or bribe or means of influencing his or her vote or actions. Any
contract or agreement made and procured in violation of this provision is void and no
funds under this AGREEMENT may be used to pay any cost under such a contract or
agreement.
E. Conflict with Exhibits. In the event of a conflict between any exhibit attached hereto and
the text of this AGREEMENT,the text of this AGREEMENT shall control.
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-IICRD-02-EG
2021 Invest in Cook Program
F. Cgqouqn1tgWgrLs. This AGREEMENT may be executed in two(2)or more counterparts, each
of which shall be deemed an original and all of which shall be deemed one and the same
instrument.
G. C Section irrmber. The PROJECT is hereby designated as COUNTY section number
21-IICRD-02-EG. The GRANTEE shall include COUNTY section number 21-IICRD-02-EG on
all PROJECT-related submittals, including, but not limited to,emails,correspondence and
invoices.
H. Designation of Representatives. Not later than fourteen (14) calendar days after the
Effective Date of this AGREEMENT, as defined in Section V (J) below, each PARTY shall
designate in writing a full-time representative for the carrying out of the AGREEMENT.
Each representative shall have the authority,on behalf of the respective PARTY,to make
decisions relating to the work covered by this AGREEMENT. Representatives may be
changed,from time to time, by subsequent written notice. Each representative shall be
readily available to the other.
q. Dispute Resolution. In the event of any dispute, claim, question or disagreement arising
out of the performance of this AGREEMENT,the PARTIES shall consult and negotiate with
each other in good faith to settle the dispute, claim, question or disagreement. In the
event the PARTIES cannot mutually agree on the resolution of the dispute,claim,question
or disagreement,the decision of the DEPARTMENT's Superintendent shall be final.
J. Effective Date. The Effective Date of this AGREEMENT shall be the date that the last
authorized signatory signs and dates this AGREEMENT. This AGREEMENT shall become
effective only in the event the corporate authorities of each PARTY approve this
AGREEMENT.
K. Entire Agreement. This AGREEMENT constitutes the entire agreement of the PARTIES
concerning all matters specifically covered by this AGREEMENT and supersedes all prior
written and oral agreements, commitments and understandings among the PARTIES.
There are no representations, covenants, promises or obligations not contained in this
AGREEMENT that form any part of this AGREEMENT or upon which any of the PARTIES is
relying upon in entering into this AGREEMENT.
L. Force Ma eure,. Neither PARTY shall be liable for any delay or non-performance of their
obligations hereunder by any contingency reasonably beyond its control, including, but
not limited to, acts of God, war, civil unrest, labor strikes or walkouts, fires, pandemics
and/or natural disasters.
M. Indemnification. The GRANTEE shall indemnify, defend and hold harmless the COUNTY
and its commissioners, officers, directors, employees and agents, and their respective
heirs, successors and assigns, from and against any and all claims, liabilities, damages,
losses and expenses, including, but not limited to, legal defense costs, attorneys' fees,
settlements or judgments, caused by the negligent acts, omissions or willful misconduct
of the GRANTEE, its officers, directors, employees, agents, consultants, contractors,
subcontractors or suppliers in connection with or arising out of the performance of this
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-I I CRD-02-EG
2021 Invest in Cook Program
AGREEMENT. Nothing contained in this AGREEMENT shall constitute a waiver by the
VILLAGE of any right, privilege or defense available to the VILLAGE under statutory or
common law, including, but not limited to, the Illinois Local Governmental and
Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended.
N. Modification. This AGREEMENT may only be modified by a written instrument executed
by the DEPARTMENT's Superintendent and an authorized representative of the GRANTEE.
0. No Individual or Personal Liabili . The PARTIES agree that the actions taken and the
representations made by each respective PARTY and by their respective corporate
authorities have not been taken or made in anyone's individual capacity and no
mayor/president, board member, council member, official, officer, employee, volunteer
or representative of any PARTY will incur personal liability in conjunction with this
AGREEMENT.
P. No Third-Partv Beneficiaries. This AGREEMENT is not intended to benefit any person,
entity or municipality not a party to this AGREEMENT, and no other person, entity or
municipality shall be entitled to be treated as beneficiary of this AGREEMENT. This
AGREEMENT is not intended to and does not create any third-party beneficiary or other
rights in any third person or party, including, but not limited to, any agent, contractor,
subcontractor, consultant, volunteer or other representative of any PARTY. No agent,
employee, contractor, subcontractor, consultant, volunteer or other representative of
any PARTY will be deemed an agent, employee, contractor, subcontractor, consultant,
volunteer or other representative of the other.
Q. lotic;-es. Unless otherwise specified, all reports, notices and other communications
related to this AGREEMENT shall be in writing and shall be personally delivered or mailed
via first class, certified or registered U.S. Mail or electronic mail delivery to the following
persons at the following addresses:
To the COUNTY: Superintendent
Attn:Jennifer"Sis" Killen, P.E., PTOE
Cook County Department of Transportation and Highways
69 W. Washington Street, 24th Floor
Chicago, IL 60602
E-mail J n !fer.Kil1eq@cookcountyjL&o
To the GRANTEE: Village Engineer
Attn: Darren Monico
Village of Buffalo Grove
51 Raupp Boulevard
Buffalo Grove, IL 60089
E-mail: DMonico c vb .or
R. Project Location. A map showing the PROJECT limits is incorporated into and made a part
of this AGREEMENT and attached as EXHIBIT C.
9
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
5ectl=21-IICRD-02-EG
2021 Invest in Cook Program
S. Recitals. The introductory recitals included at the beginning of this AGREEMENT are
agreed to and incorporated into and made a part of this AGREEMENT.
T. Records Maintenance. The GRANTEE shall maintain during the term of this AGREEMENT
and for a period of three (3) years thereafter complete and adequate financial records,
accounts and other records to support all PROJECT expenditures. These records and
accounts shall include, but not be limited to, records providing a full description of each
activity being assisted with COUNTY funds;a general ledger that supports the costs being
charged to the COUNTY; records documenting procurement of goods and services;
contracts for goods and services; invoices; billing statements; cancelled checks; bank
statements; schedules containing comparisons of budgeted amounts and actual
expenditures; and construction progress schedules.
U. Reviews and Audits. The GRANTEE shall give the COUNTY access to all books, accounts,
records, reports and files pertaining to the administration, receipt and use of COUNTY
funds under this AGREEMENT to necessitate any reviews or audits.
V. Section Headings. The descriptive section and subsection headings used in this
AGREEMENT are for convenience only and shall not control or affect the meaning or
construction of any of the provisions thereof.
W. Severa it t_Y. If any term of this AGREEMENT is to any extent illegal,otherwise invalid, or
incapable of being enforced, such term shall be excluded to the extent of such invalidity
or unenforceability;all other terms hereof shall remain in full force and effect;and,to the
extent permitted and possible, the invalid or unenforceable term shall be deemed
replaced by a term that is valid and enforceable and that comes closest to expressing the
intention of such invalid or unenforceable term.
X. Timgly.Rev1gW,,gn4ApprovaI. Wherever in this AGREEMENT approval or review by either
the COUNTY or GRANTEE is provided for, said approval or review shall not be
unreasonably delayed or withheld.
Y. Venue and Applicable Law. All questions of interpretation, construction and
enforcement, and all controversies with respect to this AGREEMENT,will be governed by
the applicable constitutional, statutory and common law of the State of Illinois. The
PARTIES agree that,for the purposes of any litigation relative to this AGREEMENT and its
enforcement, venue will be in the Circuit Court of Cook County, Illinois or the Northern
District, Eastern Division of the United States District Court, Chicago, Illinois, and the
PARTIES consent to the in personam jurisdiction of said Courts for any such action.
Z. Waiver of Default. The failure by the COUNTY or GRANTEE to seek redress for violation
of or to insist upon strict performance of any condition or covenant of this AGREEMENT
shall not constitute a waiver of any such breach or subsequent breach of such covenants,
terms,conditions, rights and remedies. No provision of this AGREEMENT shall de deemed
waived by the COUNTY or GRANTEE unless such provision is waived in writing.
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section:21-I I CRD-02-EG
2021 Invest in Cook Program
EXHIBIT A
Funding Breakdown
......... ........ ..................
TOTAL GRANTEE COUNTY
PHASE ESTIMATED COST SHARE SHARE
Phase I Engineering $1,390,000 Balance 36%
(up to$500,000)
12
I N G Invest in Cook ProjectSchedule
EXHIBIT B
-------------------
COOK COUNTY
Description Date
Milestone 1 Phase I Notice to Proceed 12/01/2021
Milestone 2 Village/County Kick-off Meeting 01/10/2022
Milestone 3 Release RFQ 10/01/2021
Milestone 4 Execute Consultant Contract 12/01/2021
Milestone 5 Envir. Survey Request (ESR) to IDOT 01/31/2022
Milestone 6 Prelim. Geometrics/Alternatives to DOTH 10/01/2022
Milestone 7 Public Meeting to Present Alternatives 04/01/2023
Milestone 8 DOTH Approval of Pref. Geometric Plans 12/01/2023
Milestone 9 Draft PDR Submitted to IDOT 04/01/2024
Milestone 10 Final Public Meeting/Hearing 10/01/2024
Milestone 11 Phase I Design Approval 12/01/2024
Milestone 12
Milestone 13
Milestone 14
Milestone 15
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INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of[Buffalo Grove
Section:21-I I CRD-02-EG
2021 Invest in Cook Program
IN WITNESS WHEREOF,the PARTIES have executed this AGREEMENT on the dates indicated.
EXECUTED BY COUNTY OF COOK: EXECUTED BY VILLAGE OF BUFFALO GROVE:
Toni Preckwinkle Beverly Sussm
President Village President
Cook County Board of Commissioners
This day of This P&I day of '' ', 70
ATTEST: ATTEST: ,.w.
County Clerk V1111gatlerk
RECOMMENDED BY: APPROVED AS TO FORM:
Kimberly M. Foxx, State's Attorney
By.
Jennifer"Sis" Killen, P.E., PTOE Assistant State's Attorney
Superintendent
County of Cook
Department of Transportation and Highways
11
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Buffalo Grove
Section 21-IICRO-02-EG
2021 Invest in Cook Program
IN WITNESS WHEREOF,the PARTIES have executed this AGREEMENT on the dates indicated.
EXECUTED BY COUNTY OF COOK: EXECUTED BY VILLAGE OF BUFFALO GROVE:
•
Toni Preckwinkle Beverly Sussm
President Village President
Cook County Board of Commissioners
This day of , This 72"4 day of A , ioU
ATTEST: TTEST: amakitAL-
County ViII lark
RECOMMENDED BY: APPROVED AS TO FORM:
Kimberly M. Foxx, State's Attorney
• . ;o I late„ By: Kathleen J. McKee
Je, ifer"Sis" Killen, P.E., PTOE Assistant State's Attorney
Superintendent
County of Cook
Department of Transportation and Highways
11
r •'
�� L
I, KAREN A. YARBROUGH, County Clerk of Cook County, in the State of Illinois
aforesaid and keeper of the records and files of said Cook County, do hereby certify that The
Board of Commissioners of The County of Cook, at their regular meeting held on December
16, 2021, passed the following Resolution:
22-R-
RESOLUTION
Sponsored by
THE HONORABLE TONI PRECKWINKLE
PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS
RESOLVED, by the members of The Board of Commissioners of Cook County, Illinois, on
behalf of the County of Cook, to authorize and direct its President to execute, by original
signature or authorized signature stamp, two (2) copies of an Intergovernmental Agreement
with the Village of Buffalo Grove, said Agreement attached, wherein the Village will be the
lead agency for Phase I engineering of Lake Cook Road between Arlington Heights Road and
Raupp Boulevard; that the County of Cook will pay for a share of the Phase I engineering
costs incurred by the Village and shall reimburse the Village for its share of said costs
(estimated total County share $500,000.00) under County Section: 21-IICRD-02-EG; and, the
Department of Transportation and Highways is authorized and directed to return one (1)
executed copy of the Agreement with a certified copy of this Resolution to the Village of
Buffalo Grove and implement the terms of the Agreement.
All of which appears from the records and files of my office.
IN WITNESS WHEREOF I have hereunto set
my hand and affixed the SEAL of said County
at my office in the City of Chicago, in said County,
this 16th day of December A.D. 2021.
(SEAL)
County
-APPRQVED BY THE BOARD OF
WOK COUNTY COMMISSIONERS
DEC 16 2021
COM
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