2004-23!I
RESOLUTION NO. 2004- 23
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A RESOLUTION APPROVING A PROJECT AGREEMENT WITH LAKE COUNTY
CONCERNING THE PORT CLINTON ROAD AND PRAIRIE ROAD
INTERSECTION IMPROVEMENT
WHEREAS, the Village President and Board of Trustees desire to proceed
with the Port Clinton Road and Prairie Road Intersection Improvement; and,
WHEREAS, an agreement with Lake County concerning funding and
other elements of the project is required for the implementation of the improvement;
NOW, THEREFORE, BE IT RESOLVED by the Village President and
Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as
follows:
1. The agreement entitled "Intergovernmental Agreement for Local Agency
Participation in a Project Involving Federal Funds" related to the improvement of
the Port Clinton Road and Prairie Road Intersection is hereby approved.
2. The Village President is authorized and directed to execute the agreement for the
Village. A copy of said agreement is attached hereto and made a part hereof.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn,Trilling
NAYES:
ABSENT:
0 - None
0 - None
PASSED: October 18 , 2004
APPROVED: October 18 , 2004
Approved:
Village President
ATTEST:
Villa Clerk
GAP WDIRGRP\LHC\PTCL\RES015. doc
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Local Agency: County Section:
._County of Lake, Illinois:
Village of Buffalo Grove Intergovernmental Agreement for Local
9 Agency Participation in a Project 93- 00081 -04 -CH
Involving Federal Funds
This Agreement is made and entered into between the County of Lake, Illinois, an Illinois body politic and corporate,
acting by and through its Chair and County Board, hereinafter referred to as the COUNTY, and the above_named -Los
Agency, an Illinois Municipal Corporation or Political Subdivision organized and existing under the laws�of)fh8185IbLO GROVE
Illinois, acting by and through its Corporate Authorities, hereinafter referred to as the LA.
I
Project Location 200:1
County Highway(s) Buffalo Grove Road
Project Limits at Port Clinton Road /Prairie Road - 1,,
Fund Source CMAQ
_ Project Description
(1) The realignment of the existing Intersection to provide for a continuous through movement from eastbound Buffalo
Grove Road /Port Clinton Road to northbound Buffalo Grove Road /Prairie Road; (2) the reconfiguration of the existing
east approach of Port Clinton Road and the south approach of Prairie Road to provide a new single approach; (3)
widening and reconstruction of the existing pavement to provide for one through lane in each direction with a continuous
center left turn lane or painted median; (4) widening and upgrading the existing Wisconsin Central railroad crossing with
flashing lights, gates and full depth rubber crossing surface; (5) installing traffic control signals; (6) providing a separate
right and left turn lane on the new through approaches; (7) providing a separate westbound to northbound right turn lane
on the new reconfigured approach; (8) acquisition of right -of -way; (9) provisions for stormwater detention /retention; (10)
installing pavement markings; and, (11) performing all other work in conformance with the approved final engineering
plans, specifications, estimates and construction contract documents.
Division of Cost
Type of Work FHWA % _ County % LA a T t
Participating Construction County
$ 885,313
80
$ 1,329
20
°
oa
$ 1,106,642
Participating Construction LA
$ 576,210
80
716,135-
$ 144,053
20
$ 720,263
Traffic Signals -- Construction
Energy
$ 96,760
80
$
13.3
$ 8,055
6.7
100
$ 120,950
$ -
Maintenance
66.7
33.3
$
Future Costs
66.7
33.3
$ -
EVPS -- Construction
$ 2,009
80
$ 502
20
$ 2,511
Maintenance
100
$ -
Future Costs
100
$ -
Railroad Work I
Right -of -way (Exclusive of NW Quad)
r$— �46, 71
00
80
$ 19,768
$ 11,500
20
$ 99,839
$ 57,500
Municipal Facilities
(Included above in -Participating Construction LA)
Design Engineering
Construction Engineering
Totals
$ 148,800
$ 156,800
$ 1,990,963
80
80
$ 24,924
$ 39,200
$ 332,856
13.4
20
$ 12;276
$ 164,886
6.6
$ 186,000
$ 196,000
$ 2,490,125
Note: The above costs represent an estimate of probable cost and are subject to change. The actual costs for final
billing and reimbursement will be based on final costs and final contract quantities at contract unit prices for actual work
performed. The agreed upon Division of Cost for a particular type of work may or may not be based on a percentage of
the total. Energy, maintenance and future costs are expressed as percentages only.
Local Agency: County Section:
Village of Buffalo Grove Page 1 of 5 93- 00081 -04 -CH `
Agreement Provisions
Section A.
THE LOCAL AGENCY AGREES:
1 That upon award of the construction contract by the State of Illinois, acting by and through its Department of
Transportation, unless otherwise provided for in This Agreement, the LA will pay to the County within thirty (30)
days of the receipt of an invoice from the COUNTY, in a lump sum based on awarded contract unit prices, an
amount equal to ninety -five percent (95 %) of its estimated obligation in accordance with the Division of Cost
contained herein, and -to pay to the COUNTY within thirty (30) days of the receipt of an invoice, in a lump sum,
the remainder of the LA's obligation upon completion of the project based upon final costs.
2 To have any of its municipal facilities that are determined to be in conflict with the project removed and /or
abandoned and relocated or reconstructed in accordance with the provisions of the LAKE COUNTY HIGHWAY
UTILITY AND FACILITY PLACEMENT ORDINANCE, as amended, hereinafter referred to as the
UTILITY /FACILITY ORDINANCE, in order to implement said project.
3 To acquire, if applicable, or cause to be acquired, in its name, or in the name of the COUNTY, if on the
COUNTY highway system, free of any liens and encumbrances, any and all rights -of -way and /or easements,
both temporary and permanent, that may be necessary to construct the project. Said acquisition shall include
any areas that may be needed for storm water detention /retention as required for the Improvement. The LA
further agrees to follow, adhere to and comply with any and all applicable federal and state mandated
procedures and requirements for the acquisition of any temporary or permanent rights -of -way and easements
that are necessary for said project. Said land acquisition(s) for said project acquired in the name of the
COUNTY may be subject to reimbursement to the LA from the COUNTY as may be hereinafter stipulated in
This Agreement.
4 That by executing This Agreement, the LA concurs in the award of the construction contract in accordance with
the standard policies and procedures as adopted and used by the State.
5 To follow, adhere to, and comply with the LAKE COUNTY HIGHWAY ACCESS REGULATION ORDINANCE,
and the UTILITY /FACILITY ORDINANCE; apply for and secure all necessary permits, as may be required as
determined by the scope of the project; and comply with any and all conditions and requirements of said ,
permit(s). Said Ordinances and said permit(s) by reference herein are hereby made apart hereof.
6 To maintain, or cause to be maintained, at no cost to the COUNTY, all municipal facilities, as defined in the
UTILITY /FACILITY ORDINANCE, located within the right(s) -of -way of the COUNTY highway(s) subject to This
Agreement.
Section B.
THE COUNTY AGREES:
1 To enter into a joint agreement with the State to improve the heretofore designated location in the manner
described. The improvement shall be constructed in accordance with plans approved by the State and the
State's policies and procedures approved and /or required by the Federal Highway Administration, hereinafter
referred. to as the FHWA.
2 To acquire, if applicable, or cause to be acquired, in its name, or in the name of the LA, if on the LA roadway
system, free of any liens and encumbrances, any and all rights -of -way and /or easements, both temporary and
permanent, that may be necessary to construct the project. Said acquisition shall include any areas that maybe
needed for storm water detention /retention as required for the Improvement. The COUNTY further agrees to
follow, adhere to and comply with any and all applicable federal and state mandated procedures and
requirements for the acquisition of any temporary or permanent rights -of -way and easements that are necessary
for said project. Said land acquisitions acquired in the name of the LA may be subject to reimbursement to the
COUNTY from the LA as may be hereinafter stipulated in This Agreement.
Local Agency County Section:
Village of Buffalo Grove Page 2 of 5 93- 00081 -04 -CH
3 To prepare, or cause to be prepared, all necessary surveys, the engineering plans, secure any and all permits
and /or approvals that maybe required, specifications, estimates, and land acquisition documents as required as
determined by the fund source and /or scope of the project, as prescribed by the Illinois Department of
Transportation and procedures approved and /or required by the FHWA.
Section C.
IT IS MUTUALLY AGREED:
1 By and between the parties hereto that THIS AGREEMENT shall not be construed, in any manner or form, to
limit the power or authority of the COUNTY or the COUNTY's County Engineer to maintain, operate, improve,
manage, construct, reconstruct, repair, widen or expand COUNTY Highways as best determined as provided by
law.
2 By and between the parties hereto that nothing contained in THIS AGREEMENT is intended or shall be
construed as in any manner or form creating or establishing a relationship of co- partners between the parties
hereto, or as constituting the VILLAGE (including its elected officials, duly appointed officials, officers,
employees and agents), the agent, representative or employee of the COUNTY for any purpose or in any
manner, whatsoever. The VILLAGE is to be and shall remain independent of the COUNTY with respect to all
services performed under THIS AGREEMENT.
3 By and between the parties hereto that each party warrants and represents to the other party and agrees that (1)
THIS AGREEMENT is executed by duly authorized agents or officers of such party and that all such agents and
officers have executed the same in accordance with the lawful authority vested in them pursuant to all applicable
and substantive requirements; (2) THIS AGREEMENT is binding and valid and will be specifically enforceable
against each party; and, (3) THIS AGREEMENT does not violate any presently existing provisions of law nor any
applicable order, writ, injunction or decree of any court or government department, commission, board, bureau,
agency or instrumentality applicable to such party.
4 That This Agreement shall be deemed to take effect as of the date on which the duly authorized agents of the
last of the parties hereto to execute This Agreement affix their signatures.
5 That This Agreement shall be enforceable in any court of competent jurisdiction by each of the parties hereto by
any appropriate action at law or in equity, including any action to secure the performance of the representations,
promises, covenants, agreements and obligations contained herein.
6 By and between the parties hereto that the Provisions of This Agreement are severable. If any provision,
paragraph, section, subdivision, clause, phrase or word of This Agreement is for any reason held to be contrary
to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the
remaining portions of This Agreement.
7 By and between the parties hereto that the agreement of the parties hereto is contained herein and that This
Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject
matter hereof. Any prior agreements between the parties hereto shall remain in full force and effect except as
modified by This Agreement. -
8 By and between the parties hereto that any alterations amendments, deletions, or waivers of any provision of
This Agreement shall be valid only when expressed in writing and duly executed by the parties hereto.
g That This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and
assigns. Neither party hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any
manner or form; any of its duties, obligations and /or responsibilities as heretofore set forth in This Agreement
without first obtaining the expressed written consent and permission of the other party hereto.
10 That This Agreement may be executed in multiple identical counterparts, and all of said counterparts shall,
individually and taken together, constitute This Agreement.
Local Agency: County Section:
Village of Buffalo Grove Page 3 of 5 93- 00081 -04 -CH
11 That This Agreement shall remain in full force and effect for such a period of time as any of the work items listed
in the Division of Cost on page one of This Agreement, for which provisions for maintenance and future costs
have been included in This Agreement, remain in place, in use and in operation.
12 That This Agreement shall be considered null and void in the event that the construction contracts covering the
improvements contemplated herein are not awarded within five (5) years of the effective date of This
Agreement.
Addenda
Additional information and /or stipulations are hereby attached and identified below as being a part of This Agreement.
Addendum Number 1 'Changes in Agreement Provisions'
(Insert addendum numbers and titles as applicable)
IN WITNESS WHEREOF, the Parties hereto have caused This Agreement to be executed by their duly
authorized officers as of the dates below indicated.
Local Agency unty L e
By: �Ci'L��i � By.
Elliott Hartstein ha' , L k ounty Board
Title: Village President
Date: 10/18/04 Date:
Attest: Attest: a
Clerk, Lake County
Title: � _� � � r� a•..2 � (e r k
Recommended for Execution
Couk En gineer/ Director of Transportation
Local Agency: County Section:
Village of Buffalo Grove Page 4 of 5 93ounty -04 -CH
ADDENDUM #1
An Addendum to the County -Local Agency Intergovernmental Agreement
For Project No.: CMM -7003 (772) in take County, Illinois
'CHANGES IN "AGREEMENT PROVISIONS"
UNDER "IT IS MUTUALLY AGREED"
The following items are added:
13 To reimburse the COUNTY for maintenance costs for the traffic control signals and equipment with or without
interconnect subject to This Agreement accordance with the percentages indicated in the division of cost
contained herein, and to pay energy costs directly to the utility providing electrical service to said traffic signals.
For maintenance costs, payment to the COUNTY shall be in a lump sum amount within thirty (30) days of the
receipt of invoice billings from the COUNTY. The LA further agrees that the COUNTY's electrical maintenance
contractor, as well as any maintenance prices, may change at any time without prior written notice to the LA.
14 That from time to time the traffic control signals and equipment with or without interconnect, subject to This
Agreement, may require modernization, improvement, revision, replacement, major repairs, upgrading, and /or
interconnection with adjoining traffic control signals, hereinafter referred to as FUTURE WORK. When such
FUTURE WORK is identified and incorporated into the COUNTY's Annual Proposed 5 -Year Highway
Improvement Program, hereinafter referred to as the 5 -YEAR PROGRAM, the COUNTY shall notify the LA of
such intent by providing the LA on an annual basis with a copy of said 5 -YEAR PROGRAM, or such other notice
as provided by the COUNTY's County Engineer, so that any costs, hereinafter referred to as FUTURE COSTS, -
associated with said FUTURE WORK may further be incorporated into the LA's Capital
Improvement Program at the earliest date. The LA agrees to reimburse the COUNTY for said FUTURE COSTS '
associated with said FUTURE WORK in accordance with the percentages contained in the division of cost
contained herein. FUTURE COSTS for said FUTURE WORK shall be based on the then existing current
COUNTY standards, specifications, and requirements as determined by the COUNTY's County Engineer at
such time as said FUTURE WORK is undertaken.
15 That upon satisfactory completion of the project, the traffic control signals and equipment with or without
interconnect at the intersection of Buffalo Grove Road and Prairie Road/Port Clinton Road shall become the sole
and exclusive property of the COUNTY.
16
The COUNTY agrees to reimburse the LA for one hundred percent (100 %) of the local match for the land
acquisition costs necessary for the construction of the improvement. Said reimbursement shall be exclusive of
any costs to acquire land for the improvement located on the northwest quandrant of the existing intersection of
Port Clinton Road and Prairie Road. Said reimbursement to the LA is estimated to amount to $11,500.00.
Payment to the LA shall be in a lump sum within thirty (30) days of the receipt of an invoice from the LA and a
copy(ies) of the recorded conveyance documents for the project that is subject to This Agreement.
Local Agency: County Section:
Village of Buffalo Grove Page 5 of 5 93- 00081 -04 -CH
Buffalo Grove Road @ Port Clinton Road/Prairie Road, Intersection Improvement:
Village of Buffalo Grove Agreement
County Administrator
Transportation (2) cert.
Central Services (2) cert.
STATE OF ILLINOIS ) -
Agenda Item # o? 3
COUNTY OF LAKE )
COUNTY BO RD, .LAKE COUNTY, ILLINOIS
ADJOURNED REGULAR SEPTEMBER, A.D. 2004 SESSION
OCTOBER 12, A.D., 2004
MADAM CHAIR AND MEMBERS OF THE COUNTY BOARD:
Your Public Works and Transportation Committee and Financial and
Administrative Committee present herewith a resolution authorizing the Chair of the
County Board, the County- Clerk, and the County Engineer to execute an agreement
between Lake County and the Village of Buffalo Grove providing for the Village's share
of the municipal facilities associated with the proposed widening and relocation of the
intersection of Buffalo Grove Road (County Highway 16), and Port Clinton Road/Prairie
Road and designated as Section 93- 00081- 04 -CH.
WE RECOMMEND adoption of this Resolution.
Respectfully submitted,
Aye Nay
T
Public Works a d ran;
Aye
Uhair
Vice -Chair
Nay
---C RTtFtEQ -TQ BE A ut
a RDS Of THE LAKE COUNTY
3ortatio o6 T4T4r, CE Financial and Administrative Committee
D T 1 2 ,:ZD@4 APPROVED
CERTIEIC ATIU ?V !vof VALID UNLESS SEAL
OF LAKE COUNT. Y; ILLINOIS IS AFFIXED
County Clerk VOICE VOTE
• 1, , • -
RESOLUTION
WHEREAS, Buffalo Grove Road (County Highway 16), is a designated route on
the county highway system; and
WHEREAS, the free flow of traffic at the intersection of Buffalo Grove Road
and Port Clinton Road/Prairie Road is beneficial to the safety and welfare of the State of .
Illinois, Lake County and the Village of Buffalo Grove; and
WHEREAS, the State of Illinois, and Lake County believe it would be beneficial
to the safety and welfare of the motoring public if the intersection of Buffalo Grove Road
and Port Clinton Road/Prairie Road could be improved by widening and realignment; and
WHEREAS, by prior resolution this County Board of Lake County, Illinois,
authorized the execution of an agreement between the State of Illinois and Lake County
for the use of federal highway funds for the above -said improvement; and
WHEREAS, the Village of Buffalo Grove and Lake County are desirous of
entering into an agreement for the Village's share of the municipal facilities associated
with this improvement, a draft copy of which is attached hereto
WHEREAS, said draft agreement specifies the right -of -way costs that the county
is to pay to the Village.
NOW, THEREFORE BE IT RESOLVED that the Chair of the Lake County
Board, the County Clerk, and the County Engineer of Lake County are authorized and
they are hereby directed to execute an agreement pertaining to financing the village's
share of the municipal facilities associated with the widening and realignment of the
intersection of Buffalo Grove Road and Port Clinton Road/Prairie Road, providing in the
opinion of the Public Works and Transportation Committee, if necessary, said agreement
in its final form substantially conforms to the draft attached hereto. The County Engineer
shall
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BE IT FURTHER RESOLVED that there is hereby appropriated $20,000.00 of
Motor Fuel Tax funds for right -of -way for this improvement designated as Section 93
00081- 04 -CH.
BE IT FURTHER RESOLVED that said supplemental appropriation be
processed by the County Engineer for final approval of the Illinois Department of
Transportation in accordance with the "Agreement of Understanding" between the
Illinois Department of Transportation and, Lake County dated January 22, 2003.
Dated at Waukegan, Illinois
this 12"' day of October 2004