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2022-09-19 - Ordinance 2022-090 - AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH COOK COUNTY RELATING TO THE REPAVING OF RAUPP BOULEVARD IN THE VILLAGE OF BUFFALO GROVE ORDINANCE NO. 2022-090 AN ORDINANCE AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH COOK COUNTY RELATING TO THE REPAVING OF RAUPP BOULEVARD IN THE VILLAGE OF BUFFALO GROVE WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to enter into an Intergovernmental Agreement with Cook County relating to $25,000 of road repaving along Raupp Boulevard south of Lake Cook Road as part of a larger Lake Cook Road project within the Village of Buffalo Grove. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village President is authorized to enter into an Intergovernmental Agreement with Cook County relating to $25,000 of road repaving project along Raupp Boulevard south of Lake Cook Road within the Village of Buffalo Grove, pending attorney review. SECTION 3. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 5—Stein, Ottenheimer, Weidenfeld, Smith, Pike NAYES: 0— None ABSENT: 1 —Johnson PASSED: September 19, 2022 APPROVED: September 19, 2022 APPROVED: Beverly Sus n, Village President ATTEST: Jan bian,Vii1 Cler' INTERGOVERNMENTAL AGREEMENT COUNTY OF COOK LAKE COOK ROAD Arlington Heights Road to Raupp Boulevard VILLAGE OF BUFFALO GROVE Section: 23-A5014-00-PV 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 "VILLAGE"). The COUNTY and VILLAGE are sometimes referred to herein individually as a "PARTY" and collectively as the "PARTIES." RECITALS WHEREAS, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, the PARTIES desire to make improvements to Lake Cook Road from Arlington Heights Road to Raupp Boulevard (the "PROJECT"); WHEREAS,the scope of work for the PROJECT includes, but is not limited to, Portland Cement Concrete (PCC) pavement patching, overlaying with hot mix asphalt, curb and gutter removal and replacement, curb ramp replacement, drainage structure adjustments, traffic control and protection, installation of pavement markings, landscaping and other attendant highway appurtenances; WHEREAS, the VILLAGE has requested the COUNTY extend the construction limits of the PROJECT at the south leg of Raupp Boulevard to a point approximately 154.5 feet south of the centerline of Lake Cook Road to rehabilitate the remaining PCC pavement (a length of 72 feet), which is in poor condition (the "VILLAGE WORK"); WHEREAS,this AGREEMENT shall set forth the PARTIES' respective responsibilities and obligations for construction and construction engineering, maintenance and funding 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 VILLAGE, 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: INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-AS014-00-PV I. CONSTRUCTION AND CONSTRUCTION ENGINEERING A. Construction Contract. The COUNTY shall award and execute a construction contract to furnish all labor and materials needed to complete the PROJECT. In awarding and administering the contract,the COUNTY shall comply with all applicable state and federal laws and regulations. B. Construction Engineering. The COUNTY shall perform, or cause to be performed, construction engineering services for the PROJECT. C. Pre-Construction and Progress Meetings. The COUNTY shall provide not less than fourteen (14) calendar days' advance written notice to the VILLAGE prior to the pre- construction meeting for the PROJECT and not less than seven (7)calendar days'advance written notice to the VILLAGE prior to the start of construction of the PROJECT. A representative from the VILLAGE shall attend the pre-construction meeting and be available for all other construction meetings as needed. D. Permits and Fees. The VILLAGE shall secure all regulatory permits required to construct the VILLAGE WORK. Any fees for said permits shall be paid by the VILLAGE. E. Right of Inspection. The VILLAGE and its authorized agents shall have reasonable rights of inspection (including pre-final and final inspection) during and upon completion of construction of the VILLAGE WORK. The COUNTY shall work cooperatively with the VILLAGE to address and resolve any concerns raised by the VILLAGE with respect to construction of the VILLAGE WORK. Any dispute(s) concerning the construction of the VILLAGE WORK shall be resolved in accordance with Section IV.H of this AGREEMENT. F. Final Inspection. The VILLAGE shall participate in a final inspection of the VILLAGE WORK. The COUNTY shall provide not less than fourteen (14) calendar days' advance written notice to the VILLAGE prior to the date of the final inspection. The VILLAGE shall submit final punch list items to the COUNTY not less than seven (7) calendar days prior to the date of the final inspection. G. Village Permits. The VILLAGE shall grant and consent to any and all permits for right of access(ingress or egress)and/or temporary use of its property and/or right-of-way within the PROJECT limits to the COUNTY and/or its agents,without charge of permit fees to the COUNTY. Any permit(s)for right of access and/or temporary use of any of the VILLAGE's property and/or right-of-way shall not be unreasonably withheld by the VILLAGE. H. Public Outreach. The COUNTY shall provide the VILLAGE with information regarding the scope,timing and duration of the PROJECT not less than thirty(30) calendar days prior to the start of construction of the PROJECT. The VILLAGE shall communicate and post said information via normal VILLAGE communication platforms not less than fourteen (14) calendar days prior to the start of construction. 2 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV II. MAINTENANCE A. Definition. As used herein, the terms "maintain" and "maintained" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal and/or replacement of the maintained facility when needed. B. Maintenance of Roadways. Upon completion of the PROJECT, the COUNTY shall continue to own, operate, and maintain those portions of Lake Cook Road under its established jurisdictional authority; and the VILLAGE shall continue to own, operate, and maintain those portions of Raupp Boulevard under its established jurisdictional authority, including the newly constructed VILLAGE WORK improvements. Maintenance responsibilities include, but are not limited to, all routine surface and pothole repairs, temporary full-depth patches, crack and joint sealing, cleaning and litter pickup, minor curb and gutter repair, drainage structure repair and cleaning, snow and ice control, and other operational services. C. Sidewalks and Multi-Use Paths. The VILLAGE shall own, operate, and maintain any sidewalks and/or multi-use paths, including curb ramps, constructed or improved as part of the PROJECT, in compliance with the Americans with Disabilities Act (ADA), Public Right-of-Way Accessibility Guidelines(PROWAG),and any other federal and/or state laws and regulations. D. Indemnification. The VILLAGE agrees to defend, indemnify, and hold harmless the COUNTY and its commissioners, officials, employees, agents and representatives, and their respective heirs, successors and assigns, from and against any and all costs, expenses, attorneys' fees, losses, damages and liabilities incurred and/or suffered, directly or indirectly, from or attributable to claims arising out of or incident to the use, repair and/or maintenance of any sidewalks and/or multi-use paths constructed or improved as part of the PROJECT. E. Survives Termination. The PARTIES's maintenance obligations as described in this section shall survive termination of this AGREEMENT. III. FINANCIAL A. County Cost Participation. The COUNTY agrees to pay all actual construction and construction engineering costs for the PROJECT, subject to reimbursement by the VILLAGE as hereinafter stipulated. B. Village Cost Participation. The VILLAGE agrees to reimburse the COUNTY for all actual construction costs for the VILLAGE WORK and ten percent (10%) of that amount for construction engineering. C. Village Reimbursement. The VILLAGE agrees that upon completion of construction of the PROJECT and receipt of an invoice from the COUNTY,the VILLAGE shall make payment to the COUNTY for the VILLAGE's financial obligation incurred under this AGREEMENT. 3 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV Payment to the COUNTY shall be made by check payable to the Treasurer of Cook County and submitted to the Superintendent of the DEPARTMENT within sixty(60)calendar days of receipt of the invoice from the COUNTY. D. Supplemental or Substitute Work. Either PARTY may request in writing that bid work or materials be substituted with different work or materials for the PROJECT. Provided that the substitute work and/or materials do not unreasonably delay the PROJECT schedule, the COUNTY will cause said substitute work and/or materials to be included in the PROJECT. Each PARTY will pay the costs of substitutions for their associated work items. E. Additional Work. Either PARTY may request in writing that additional work be added to the PROJECT. Provided that the additional work does not unreasonably delay the PROJECT schedule, the COUNTY will cause said additional work to be included in the PROJECT. Additional work will be paid for by force account or agreed unit price. Each PARTY will pay the costs of additional work for their associated work items. F. Funding Breakdown. A funding breakdown for VILLAGE WORK is incorporated into and made a part of this AGREEMENT and attached as EXHIBIT A. IV. GENERAL CONDITIONS A. Authority 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. Binding 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 Regulations. 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. 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. E. Counterparts. 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. F. County Section Number. The PROJECT is hereby designated as COUNTY section number 23-A5014-00-PV. The PARTIES shall include COUNTY section number 23-A5014-00-PV on all PROJECT-related submittals, including, but not limited to, invoices and correspondence. G. Designation of Representatives. Not later than fourteen (14) calendar days after the Effective Date of this AGREEMENT, as defined in Section IV.I below, each PARTY shall designate in writing a full-time representative for the carrying out of the AGREEMENT. 4 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV 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. H. 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. I. 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. J. 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. K. Force Majeure. Neither PARTY shall be liable for any delay or non-performance of its 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. L. Liability. Subject to Section II.E. herein, no official, officer, employee, attorney, agent or assign of either PARTY shall be liable for any negligent or wrongful act chargeable to the other unless such liability is imposed by a court of competent jurisdiction. The COUNTY assumes no liability for the actions of the VILLAGE and its officials, officers, employees, attorneys or agents under this AGREEMENT. The VILLAGE assumes no liability for the actions of the COUNTY and its officials, officers, employees, attorneys or agents under this AGREEMENT. Each PARTY agrees to be solely responsible for liability, suits, losses, judgments, damages or other demands imposed upon it as a result of its own actions or omissions in the performance of its obligations specified in this AGREEMENT. This AGREEMENT shall not be construed as seeking to enlarge or diminish any obligation or duty owed by one PARTY against the other or against third parties. In the event of a claim for any wrongful or negligent act, each PARTY shall bear the cost of its own defense. M. Modification. This AGREEMENT may only be modified by a written instrument executed by the DEPARTMENT's Superintendent and an authorized representative of the VILLAGE. N. Notices. 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: 5 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV To the COUNTY: Jennifer"Sis" Killen, P.E., PTOE Superintendent Cook County Department of Transportation and Highways 69 W. Washington Street, 24th Floor Chicago, IL 60602 E-mail:Jennifer.Killen@cookcountyil.gov To the VILLAGE: Darren Monico, P.E. Village Engineer Village of Buffalo Grove 51 Raupp Boulevard Buffalo Grove, IL 60089 E-mail: dmonico@vbg.org O. Recitals. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into and made a part of this AGREEMENT. P. 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. Q. Severability. 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. R. Termination. Unless otherwise agreed to by the PARTIES in writing, this AGREEMENT terminates upon completion of the PROJECT and final reimbursement by the VILLAGE. S. 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. T. Waiver of Default. The failure by the COUNTY or VILLAGE 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 be deemed waived by the COUNTY or VILLAGE unless such provision is waived in writing. 6 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV U. No Waiver of Immunity. 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. 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.41 President Village President Cook County Board of Commissioners This day of A.D. 2022 This day of ,A.D. 2022 ATTEST: ATTEST: ' T 1 .t County Clerk VI e Clerk 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 7 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffalo Grove Section:23-A5014-00-PV EXHIBIT A Funding Breakdown for VILLAGE WORK ITEM VILLAGE SHARE Construction 100% Construction Engineering 10%of actual construction costs for the VILLAGE WORK 8 N • - \ ��'',. k \ % .-%;,%,V7-,,,_ '''' ) 1 ,--------' rr / ///:,..iii;iiiigi00010—_ _ ....--- , 0 o /0/0.-0/;0:-/z0/0//0//0;:0,/0//0<0 '// / ---- /0i0,0=///'i/'ii /0'0 i ,158-- STA 156+50.0 �� 1S5+ ,.,� �.. oo _�—— / / // •//'///'�,'/ / --- -- ///,/ /, // //// %, // %,;','///''/''//////////// //. ............ ......'.'- "IN, '/ F / LAKE COOK ROAD \ \ /,, /,///,//////, \ // / // // \ ''/i'/,,/i/, \ \ '/-, \ \ \ \,\ / ___: 'A96 \\\\\ //\\\ \\\\ O, \ \ < \\\\\ 9 t \\\\ \ , COOK COUNTY DOTH LEGEND LAKE COOK ROAD REHABILITATION ARLINGTON HEIGHTS ROAD TO RAUPP BOULEVARD Project Extension Requested by Village of Buffalo Grove RAUPP BOULEVARD EXHIBIT Scale: - 0 Date:5/26,2022 Hon,0 1225 25 LGO� p �p Department of Transportation and Highways � ��ar Z Jennifer"Sis" Killen, P.E., PTOE r+ '� Superintendent �r 't .�`� j N ��• 69 West Washington Street,24`h Floor • Chicago,Illinois 6060Z-3007 • (312)603-1601 December 6, 2022 Mr. Darren Monico, P.E. Village Engineer Village of Buffalo Grove 51 Raupp Boulevard Buffalo Grove, IL 60089 Re: Intergovernmental Agreement Lake Cook Road Dear Mr. Monico: Enclosed herewith, please find conformed copy of an Intergovernmental Agreement executed on November 17, 2022 for your files. Very truly yours, �� Tara Orbon, P.E. Assistant Superintendent For: Jennifer (Sis) Killen, P.E., PTOE Superintendent Department of Transportation and Highways Cook County, Illinois Enclosure ,�;�� INTERGOVERNMENTAL AGREEMENT ' � ` ��/ ,;`� � ��1. . i� COUNTY OF COOK LAKE COOK ROAD Arlington Heights Road to Raupp Boulevard YILIAGE OF BUFFALO GROVE Section:23-A5014-00-PV 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 lllinois (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 af Nlinois (the "VILLAGE"). The COUNTY and VILLAGE are sometimes referred to herein individually as a "PARTY"and collectively as the "PARTIES." RECITALS WHEREAS, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, the PARTIES desire to make improvements to Lake Cook Road from Arlington Heights Road to Raupp Boulevard (the "PROJECT"); WHEREAS,the scope of work for the PROJECT includes,but is not limited to,Portland Cement Concrete (PCC) pavement patching, overlaying with hot mix asphalt, curb and gutter removal and replacement, curb ramp replacement, drainage structure adjustments,traffic control and protection, installation of pavement markings, landscaping and other attendant highway appurtenances; WHEREAS, the VILLAGE has requested the COUNTY extend the construction limits of the PROlECT at the south leg of Raupp Boulevard to a point approximately 154.5 feet south of the centerline of Lake Cook Road to rehabilitate the remaining PCC pavement(a length of 72 feet),which is in poo�condition (the "VILLAGE WORK"}; WHEREAS,this AGREEMENT shall set forth the PARTIES' respective responsibilities and obligations for construction and construction engineering, maintenance and funding of the PROJECT; WMEREAS, 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 S/1-101 et seq., is authorized to enter into this AGREEMENT; WHEREAS,the VILLAGE, 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 VI1,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: tNTERGOVERMF.NTALAGREEMENT County of CookNillage af Buffalo Grove S e d i o n:2 3-A 501400-P V I. CONSTRUCTION AND CONSTRUCTION ENGINEERIN6 A. Construction Contract. The COUNTY shall award and execute a construction contract to furnish all labor and materials needed to complete the PROJECT. in awarding and administering the contract,th'e COUNTY shall comply with all applicable state and feder�l laws and regulations. B. Constructio� Enl[ineerir►�. The COUNTY shall perform, or cause to be performed, construction engineering services for the PROJECT. C. Pre-_ I��;,t��fon an41 Progress Me�tjn�s. The COUNTY shall provide not less than faurteen (14) calendar days' advance written notice tca #he VILLAGE prior to the pre- construction meeting for the PROJECT and not less than seven(7�calendar days'advance written notice to the VILLAGE prio� to the start of eonstructian of the PR0IECT. A representative from the VfLIAGE shall attend the pre-construction meeting and be available for all other construction meetings as needed. D. Permits and Fees. The VILLAGE shall secure all regulatory permits required to construct the VILLAGE WORK. Any fees for said permits shall;be paid by the VILLAGE. E. � Lt##tns�pect€qn. The VILLAGE and its authorized agents shall have reasonable rights of inspection (including pre-final and final inspection) during and upan completion 'of construction of the VILLAGE WORK. The COUNTY shall work cooperatively with the VILLAGE to address and resolve any concerns raised by the VILLAGE with respect to construction of the VILLAGE WORK. Any dispute(s) concerning the construction of the VILLAGE WORK shal) be resotved in accordance with Section IV.H af this AGREEMENT. F. �Ina!te�spettior�. The VILLAGE shall participate in a final inspection of the VILLAGE WORK. The COUlVTY shall provide not less than fourteen (14) ca{endar days' advance written notice to the VILLAGE prior to the date of the final inspection. The VILLAGE shall submit final punch list items to the COUNTY not Pess than seven (7) cafendar d'ays prior to the date of the final inspection. G. Viitatte Permits. The VILLAGE shall grant and consent to any and all permits for right of access(ingress or egress)andJor temporary use of its property and/or right-of-way within the PROIECT limits to the CC�UNTY and/or its agents,without charge of permit fees to the COUNTY. Any permit{s)far right of access and/or temporary use of any of the VILLAGE's property and/or right-of-way shall not be u�reasonably withheld by the VILLAGE. H. pu#�iic�utr+each. The COUNTY shal.l provide the V)LLAGEwith in#ormation regarding the scope,timing and duration of the PROIECT not less than thirty(30j calendar days prior to the start of construction of the PROJECT. The VIELAGE shall communicate and post said information via normal VILLAGE communication platforms not l'ess than fourteen (14) calendar days prior to the start of construction. 2 INTERGOVERMEiVTAL AGREEMENT County of Cook/Viilage of Buffalo Grove Section:23-A501400-PV 11. Ma1NTENANCE p. ,�efini�i rn. As used herein, the terms "maintain" and "main#ained" mean keeping the facility being maintained in good and sufficient repair and appearance. Such maintenance includes the full responsibility for the construction, removal and/or repla�ement af the maintained facility when needed. B. Maintenance of Road�hrays. Upon completion of the PROJECT, the COUNTY shall continue to own, operate, ar�d maintain those portions of`Lake Cook Road under its established jurisdictional authority; and the VILLAGE shall continue to own, operate, and maintain those portions of Raupp Boulevard under its.established jurisdictional authority, including the newly constructed VILLAGE WORK improvements. Maintenance responsibilities include, but are not Iimited to, all routine surface and pothoie repairs, temporary full-depth patches, crack and joint sealing, cleaning and litter pickup, minor curb and gutter repair, drainage structure repair and. cleaning, snow and ice control, and other operational services. C. Sidewalks and Multi-Use Paths. The VItLAGE shall own, operate, and maintain any sidewalks and(or r;i�lti-use paths, including curb ramps,constructed or improved as part of the PROJECT, in compliance with the Americans with Disabilities Att (ADA), P�blic Right-of-Way Accessibility Guidelines(PROWAG),and any other federal and/or state laws and regulations. D. _�ndemn�cation. The VILLAGE agrees to defend, indemnify, and hold harmless the COUNTY and its cammissioners, officials, employees, agents and representatives, and their respective heirs, successors and assigns, from and against any and all costs, expenses, attorneys' fees, losses, damages and lia�ifities incurred and/or suffered, directly or indirectly, from or attributable to claims arising out of or incident to the use, repair andJor maintenance of any sidewalks and/or multi-use paths constructed or improved as part of the PROJECT. E. Survives Termination. The PARTIES's maintenance obligations as described in this section shall survive termination of this AGREEMENT. 111. FINANCIAL q. ��rn�y �5t patticip�t3on. The COUNTY agrees to pay all actual construction and construction engineering costs for the PROJECT, subject to reimbursement by ihe VILLAGE as hereinafter stipulated. B. Villa�e Cost Participation. The VILLAGE agrees to reimburse the GOUNTY for aIl actual construction costs for the VILLAGE WORK and ten percent (109'0) of that amount for construction engineering. C. Vill�e R��mhursem��tt. The VILLAGE agrees that upon completion of construction af the PR0IECT and receipt of an invoice from the COUNTY,the VILLAGE shall make payment to the COUNTY for the VILLAGE's financial obligation incurred under this AGREEMENT. 3 I NTE aGOV E RM�NTAL'AG R E EME NT County of Cook/Village of Buffalo Grove 5 e tt i on:23-A5014-00-P V Payment to the COUNTY shail be made by check payable to the Treasurer of Caok County and submitted to the Superintendent of the DEPARTMENT within sixty(60)calendar days of receipt of the invoice frorrr the COUf4TY: D. �Up1��nC�41.qz S�ib�tute'WArk. Either PARTY may request in writing that bid work or materials be substituted with different work or materials for the PROIECT. Provided that the substitute work and/or materials do not unreasonably clelay the PROJECT schedule, the COUNTY wiU cause said su6stitute work and/ar materials to be included in the PROJECT. Each PARTY will pay the costs of substitutions for their assaciated work items. E. Additional Work. Either PARTY may request in writing that additional work be added ta the PROIECT'. Pravided that the additional work does not unreasonably delay the PROJECT schedule, the COUNTY will cause said additional work ta be included in the PROJECT, Additional work will be paid for by force account or agreed unit price, Each PARTY will pay the costs of additional work for their associated work items. F. Fundin�Breakdown. A funding breakdown for V�LLAGf WORK is incorporated intQ and made a part of this AGREEMENT and attached as EXHIBIT A. IV. GENERAL CONDITIONS A. Authority 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 ta be bound by the terms and conditions contained herein. B. 8inding Succ:essors. This AGREEMENT shall be binding upon and i�ure to the benefit of the PARTIES and their respective successors and,approved assigns. �, �mqliaqce vrith I.�tyv�,�it�tes and Re�u1�s- The PARTIES shall at ail times �bserve 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. 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 contral. E. Cou�tterpa�#s. ThisAGREEMENT may be executed in two (2)or more counterparts,each of which shail be deemed an original and all of which shall be deemed one and the same instrument. F. Countv Section Number. The PROJECT is hereby designated as C�UNTY section number 23-A5014-00-PV. The PARTlES shall indude COUNTY section number 23-A5014-00-PV on all PROJECT-related submittals, including, but not limited to, invoices and correspondence. G. Des��natiptt o# Representatives. Not later than fourteen (14j calendar days after the Effective Date of this AGREEMENT, as defined in SectEon IV.I below, each PARTY shaVd designate in writing a full-time representative for the carrying out of the AGREEMENT. 4 INTERGOVERMENTAL AGREEMENT County of Cook/Village of Buffal�Grove Secti o n:23-AS O I4-00-PV 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. H. pi�Resol�ution. 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. ln the event the PARTIES cannot mutually agree on the resolution ofthe dispute,claim,question or disagreement,the decision of the DEPARTMENT's Superintendent shall be final. 1, Effective Date. The Effective Date of this AGREEMENT shail 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 apprave this AGREEMENT. J. E�ttire_A�t�emetrt: This AGREEMENT constitutes the entire agreement of the PARTIES concerning all matters specifically covered by this AGREEMEPIT and supersedes alf prior written and oral agreements, commitments and unde'rstandings among the PA'RTIES. There are no representations, covenants, promises or obligations not contained in this A6REEMENT that form any part of this AGREEMENT or upon which any of the PARTIES is relying upon in entering into this AGREEMENT. K. �rce Maje�re. Neither PARTY shall be liable for any delay or non-performance of its obligations hereunder by any contingency reasonably beyond its control, including, but not limited to, acts of God, war, civil unrest, labar strikes or walkouts, fires, pandemics and/or natural disasters. L. Liab€Fitv. Subject to Section II.E. herein,no official,officer, employee, attorney, agent or assign of either PARTY shall be liable for any negligent or wrongful act chargeable to the other unless such liability is imposed by a court of competent jurisdiction. The COUNTY assumes no liabiiity for the actions of the VILLAGE and its officials, officers, employees, attomeys or agents under this AGREEMENT. The VILIAGE assumes no liability for the actions of the COUNTY and its officials, officers, employees, attorneys or agents under this AGREEMENT. Each PARTY agrees to be solely responsible for liability, suits, losses, judgments, damages or other demands imposed upon it as a result of its own actions or omissions in the performance of its obligations specified in this AGREEMENT. This AGREEMENT shall not be construed as seeking to enlarge or diminish any obligation or duty owed by one PARTY against the other or against third parties. In the event of a claim for any wrongful or negligent act,each PARTY shall bear the cost of its own defense. M. Modification. This AGREEMENT may only be modified by a written instrument executed by the DEPARTMENT's Superintendent and an authorized representative of the VILLAGE. N. Nutices. 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: 5 tNTERGOVERMEidTAL AGREEMENT County of Cook/Vil�age of 8uffalo Grove Secti on:23-A5014-00-P V To the COUNTY: Jennifer"Sis" Killen, P.E., PTOE Superintendent Cook County Department of Transportation and Highways 69 W.Washington Street,24th Floor Chicago, IL 60602 E-mail:tennifer.Kilten��c�o�ct�un�uii:�av To the VIIIAGE; Darren Monico,P.E. Village Engineer Village of Buffalo Grove 51 Raupp Boulevard Buffalo Grove, IL 60089 E-mail: drnonic.a�vb�.ar� O. ��Is: The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into and macfe a part of this AGREEMENT. P. Section Headit�s. 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. Q. S�verabtlitY. If any term of this AGREEMENT is ta 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. R. Termination. Unless otherwise agreed to by the PARTlES in writing, this AGREEMENT terminates upon compietion of the PROJECT and final reimbursement by the VtLLAGE. S. lfenue and A� iicable l.�vir, All questions of interpretation, construction �nd enforcement,and all controversies with respect to this AGREEMENT,will be governed by the applicable constitutional, statutory and comman 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 Caak County, lilinois 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. T. Waiver of Default. The failure by the COUNTY or VILIAGE 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 ofthis AGREEMENT shall be deemed waived by the COUNTY or VII.LAGE unless such provision is waived in writing. 6 INTERGpVERMENTALAGREEMENT County of Cook/Village of 8uffalo Grove Sedia n:23-A 5014-00-P V U. No Waiver of Immunitv, 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. ' IN WITNESS WHEREOF,the PARTIES have executed�his AGREEMENT on the dates indicated. EXECUTED BY COUNTY OF CO�K: EXECUTED BY VILLAGE OF BUFFALO GROVE: � �� 9�Q. Toni Preckwinkle Beverly Su President Village President Cook County Board of Commissioners This da of A.D. 2022 This�"�day af�A.p.2022 �� EST: ,,. ATTEST: . �. Co ty `rk V Clerk � �._n,�� - RECOMMENDED BY: APPROVED AS TO FORM: Kimberly M. Foxx,State's Attorney ' �,� t ' �Cat�G�Cee�r � Mc�Cee � BY� Je ifer"Sis" Killen, P.E., PTOE Assistant State's Attorney Superintendent County of Cook Department of Transportation and Highways APPROVED �� :��_ �� ;OOK COUNTY COMMISSIONERS NOV 17 2022 COM 7 INTERG�VERM�NTALAGREEMENT County of Cook/Village of euffafo Grove Sedio n:23-A501400-PV EXHIBIT A Funding Breakdown for VILLAGE WORK ITEM VILLAGE SHARE Construction 100% Construction Engineering 104�0 of actual construction costs for ' the VILLAGE WORK $ 'q: � .. �. � ��. . .�`�2 � 9,'� r��ts... . � ��: ,y. ..+ . .. .... ,�". � �* y� 4� � Z . . . = � �. � .: :�- �, � � �(�� . ` 1 ` � � I�„' r'}. �� / �l t -"' . '� r� '. "��i�r��'i . ^" �� ''.. ; i � f y� . i \ r �� . � . . , f '/ 'I ', � Fi� 4� �r >T� ��. /..�. .� s,�,. � �� irf>f� .',., Tj-�. ��"'� � �� i��i�� s�� . �, � .. ... . >rT/ii '. �7' �, . t -�i ��lyt.�� 'r .+^ ��. ��F.� � � � i�f+j��i�% i �,�, � r �;�, �,*it . t • �..s*.'""�'�'^" � . , , . .. .,f � , _, � �� . � ,� �r°'' `' �`�'f ta � � � � . r � STA 156+50.0 ��-" +- �`ys5�",^�.��^- '��-- �r �„�-«- ,�,,.,�.�,.,...�-r. . .� .r-^" � �''� Y .�.�..-.+'�"'.:�� ;15yb----^-'"_ . J/ , r/y,A��:.J�f' .Y��„':. ,�.�_.� f r��X�}��/��i // f�� r- i f ../ j'`F:t{!/t'A/�flf� /f�fi � ...'^" : � .�l� �J % ��.�^.:�� J � .... � ' �� `.� ,�•-'�+"� J _.. �V t �� t . t r �i �i � rf �`J � ! �i� �i /�:.��f f�i�� /�;.��i/� ��I .�� f� f ttE �� # /� i.:..r�iff. ..f � .. ��J� �� !�i--ai..r.+.'^""` .J . . \ LAKE CQ4K ROAD �� !'��, . �.1`'�"r��',� �\ r�, �`��, ,� , . � �if� _�r��.t-�-�t.' . V � ti ',� � ,+ , \ ��'• `��,'`'.�tf��°'. A � � �'` : „"`1' ,� � °_. \ � �� \ rr � �'� � }f� 1 \Z ,.�� (,�+� "' '�,•�?!�. �� , ,��,; J' e s r \ �° �f�,� a ��'�',,�`� �\ � c r.�;�' �+ \ ��=��,�' � � �� - "*t ' ,.y�\� _.�� '� _i \�\ ,p�� ! "9` 1 G �\�4�'*. ,,,�'�\ltl �, �S1Q f' • . � \\\ r \ \ \ � � \ \ � ` `f7 � \ \ � \ \ � , GOOK COUN7Y DOTN � � LAKF COOK ROAD REHABILITRTION LEGEND ARLINGTON HEIGHTS ROAD TO RAUPP BOULEVARD ' �� P�oject extension Requested by RAUPP BOULEVARD EXHIBIT Village of Buflab Gr�va�� . .. �. Scale: . �ate:5/2&20Z2 Horiz,0 '�� . �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 November 17, 2022, 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 County will be the lead agency for construction of an improvement along Lake Cook Road from Arlington Heights Road to Raupp Boulevard Project; that the County will extend its rehabilitation of the south leg of Raupp Boulevard to a point approximately 154.5 feet south of the centerline of Lake Cook Road for the Village as part of County's construction contract for the project. The Village shall reimburse the County for its share of construction and construction engineering costs under Cook County Section: 23-A5014-00-PV 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 Ag reement. 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 17t day of November A.D. 2022. � '..'��. (StAL) oun rk ro, BY THE BOARD OF OOKC OUN�TY COMMISSIONERS NOV 17 2022 COM � ' • ^ ._. i� � \1 `` !� .� i./��, - \ � - / �- l n- 1 � ^1 .