2007-19•
RESOLUTION NO. 2007 - 19
u
A RESOLUTION APPROVING AN AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT WITH COOK
COUNTY RELATED TO ROW ACQUISITION FOR A
SECTION OF BIKE PATH. RELATED TO THE LAKE COOK
ROAD OVERPASS IMPROVEMENT AT THE WISCONSIN
CENTRAL RAILROAD
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 good quality transportation system
Including roadways and also sidewalk/bikeway facilities; and,
WHEREAS, the completion of a section of Buffalo Grove's bikeway system which is
critical to system continuity and safety was planned to be accomplished in conjunction with the
Lake Cook Road Overpass Improvement at the Wisoonsin Central Railroad; and,
WHEREAS, a Reimbursement Agreement with the County of Cook was adopted on July
26, 2004, by Buffalo Grove Resolution No. 2004 -18, entitled "A Resolution Approving an
Intergovernmental Agreement with Cook County Related to ROW Acquisition for a Section of
Bike Path Related to the Lake Cook Road Overpass Improvement at the Wisconsin Central
Railroad and,
WHEREAS, an amendment to the 2044 Reimbursement Agreement Is needed to adjust
the provisions for reimbursement to the Village of Buffalo Grove from the County of Cook so as
to properly and fully reimburse the Village for Involved ROW acquisition expenses and for the
proper reimbursement to the Village for construction and other related expenses involved in re-
establishing the continuity of the Village's bikeway system along the north side of Lake Cook
Road between Lexington Drive and Hastings Lane.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
Section : The Agreement entitled "Amendment to Reimbursement Agreement"
related to the Improvement of Lake Cook Road at the Wisconsin Central
Railroad, Section: 92-A5016-03-SR, is hereby approved.
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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.
AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling.
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: June 18 2007
APPROVED: June 18 , 2007
APPROVED:
ATTEST:
Villa erk
0AENGINE IOrd & ResWeW-4.doc
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AMENDMENT TO
•
REIMBURSEMENT AGREEMENT
THE COUNTY OF COOK LAKE COOK ROAD
At Wisconsin Central Railroad
VILLAGE OF BUFFALO GROVE Section: 92- A5016 -03 -BR
This Agreement Amendment, made and entered into by and between the COUNTY OF COOK, a
body politic and corporate of the State of Illinois, hereinafter called "COUNTY ", and the VILLAGE
OF BUFFALO GROVE, a body politic and corporate in the State of Illinois, hereinafter called
"VILLAGE ".
WITNESSETH
Whereas, the VILLAGE and COUNTY entered into a Reimbursement Agreement for improvements
to the highway grade separation along Lake Cook Road at the Wisconsin Central Railroad on
September 18, 2001 and on November 6, 2001, respectively, and subsequently entered into a
second Reimbursement Agreement for right -of -way acquisition relative to said improvements on
July 26, 2004 and on September 21, 2004, respectively, hereinafter. collectively referred to as
"AGREEMENT "; and,
Whereas, the AGREEMENT specified the improvement scope, responsibilities and obligations for
bicycle accommodations to be included as part of the COUNTY improvements in the form of a
separated bicycle path across and approaching the Lake Cook Road bridge, including right -of -way
acquisition for said bicycle path; and,
Whereas, prior efforts by the COUNTY to secure the necessary right -of -way for the bicycle path
were unsuccessful and necessitated the omission of a segment of said bicycle path construction by
the COUNTY from said highway improvements; and,
Whereas, the VILLAGE has since secured said right -of -way in accordance with the AGREEMENT
and has incurred additional costs for engineering and right -of -way acquisition for said bicycle path
as itemized and attached to a January 29, 2007 letter from VILLAGE and incorporated herein by
reference, that were not anticipated in the AGREEMENT; and,
Whereas, the COUNTY concurs with said additional costs as presented, said additional
engineering net cost $2,050.84 and said additional right -of -way acquisition net cost $56,577.00;
and,
Whereas, the VILLAGE has requested and the COUNTY concurs with allowing the VILLAGE to
construct the remaining segment of said bicycle path through a COUNTY Highway Permit, with
reimbursement from the COUNTY as previously described in the AGREEMENT.
Now, Therefore, in consideration of the mutual covenants contained herein and the above recitals
and other good and valuable considerations, the parties hereto agree as follows:
It is mutually agreed that the above Recitals are incorporated herein and made part hereof. The
following is amended into the AGREEMENT and all other portions of the AGREEMENT not
specifically addressed in the following shall remain in effect and unaltered:
r Lake Cook Road -2-
i
At Wisconsin Central Railroad
.Section: 92- A5016 -03 -BR
UnderArticle 1. The VILLAGE will:" subsections f. and g., the VILLAGE's obligations are amended
to reflect the additional costs as follows:
Bill the COUNTY for VILLAGE incurred expenses, including for surveys, appraisals,
negotiations, legal fees and court costs, and engineering for the relocated bicycle path
(estimated COUNTY cost $27,150.84) on a progressive basis; and,
g. Bill the COUNTY for the negotiated fair market value settlement (estimated $156,577.00);
and,
Under Article The COUNTY will:" subsections c., d. and e., the COUNTY's obligation is amended
by increasing the VILLAGE incurred expenses and the settlement cost, from $25,100.00 and
$100,000.00, respectively, to the following:
c. Reimburse VILLAGE for one hundred (100 %) percent of expenses incurred by VILLAGE in
securing the proposed right -of -way, including surveys, appraisals, negotiations, legal fees
and court costs, and design engineering for the relocated bicycle path (estimated COUNTY
cost $27,150.84); and,
d. Reimburse VILLAGE for one hundred (100 %) percent of the purchase price for the
proposed right -of -way (estimated COUNTY cost $156,577.00); and,
e. Pay its obligations to the VILLAGE (estimated $253,727.84, total) as specified in 2.c. and
2.d. preceding, and 2.f., based upon actual quantities used and contract unit prices as
awarded and presentation of an itemized accounting of actual costs; and,
Under Article 1. The VILLAGE will:" new subsections i., j., k. and I. are added as follows:
Construct the ten (10) foot wide concrete bicycle path segment along the north side of Lake
Cook Road from Lexington Drive to Hastings Lane that was omitted from said Lake Cook
Road highway improvements. Said bicycle path will consist of approximately 8,650 S.F. of
5 -in. thickness P.C.C. Sidewalk, 294 C.Y. Earth Excavation, 580 S.Y. Topsoil and Sodding,
1,650 L.F. Silt Fence, 40 L.F. Remove and Replace 3' High Modular Block Retaining Wall,
Traffic Control and Protection. Said work shall be constructed through a COUNTY Highway
Permit; and,
j. Provide to COUNTY a copy of the Recorded Warranty Deed for the right -of -way parcels
referenced in the AGREEMENT along with a copy of the surveys for said parcels; and,
provide to COUNTY a copy of a Warranty Deed transferring ownership of the parcels from
the VILLAGE to the COUNTY; and,
k. Bill the COUNTY for one hundred (100 %) percent of the construction costs, including
construction engineering, for the new ten (10) foot wide concrete bicycle path segment that
was omitted from said Lake Cook Road highway improvements, as described in 1.i.
preceding (estimated COUNTY cost $70,000.00), said cost includes contingencies and an
additional ten (10 %) percent of construction costs as the estimated construction engineering
cost, final cost to be based upon actual quantities used and contract unit prices as awarded;
and,
I. Own, operate and maintain the bicycle path described in this Amendment and constructed
through a COUNTY Highway Permit.
G
Lake Cook Road,
At'Wisconsin Central Railroad
Section: 92-A5016-03-BR
-3-
4)
Under Article "2. The COUNTY will:" a new subsection f. is added as follows:
f. Reimburse VILLAGE for one hundred (100 %) percent of the construction costs, including
construction engineering, for the new ten (10) foot wide concrete bicycle path segment that
was omitted from said Lake Cook Road highway improvements (estimated COUNTY cost
$70,000.00), and said cost includes contingencies and an additional ten (10 %) percent of
construction costs as the estimated construction engineering cost.
The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by
the terms of this Amendment.
IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Amendment to be
executed by their respective officials on the dates as shown. -
EXECUTED BY COUNTY-
.
Todd H. Stroger, President
Board of County Commissioners
EXECUTED BY
VILLAGE OF BUFFALO GROVE:
Elliot Hartstein, Village President
This Vt day of StAW A.D. 2007. This 18thdayof June A.D. 2007
ATTEST: ATTEST:' YVI -
County Clerk APPROVED BY BOARD OF Village Clerk
COOK COUNTY COMMISSIONERS
(SEAL)
com
JUL 3 1 2007
(SEAL)
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RECOMMENDED BY: APPROVED AS TO FORM:
Richard A. Devin State's Attorney
Acting Superintendent of Highways Assis t State s Af me
I, DAVID D. ORR, 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
July 31, 2007, passed the following Resolution:
RESOLUTION
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 his authorized signature stamp, two (2) copies of an Amendment to
Reimbursement Agreement, attached, with the Village of Buffalo Grove, wherein the
Agreement is amended to provide for the construction of a bicycle path by the Village as
an alternate to a proposed bicycle path that was deleted from the County's improvement
project for Lake Cook Road at Wisconsin Central Railroad, Section: 92- A5016- 03 -BR;
that the Agreement is further amended to increase the County's financial obligation for
construction and right -of -way acquisition costs, including additional engineering and
legal costs, incurred by the Village for said bicycle path for the sum of $253,727.84 (said
costs originally estimated as $211,100.00); and, the Department of Highways is
authorized and directed to return one (1) executed copy of this Resolution with
Amendment to the Village of Buffalo Grove to evidence the formal Agreement hereby
resulting, and be bound by the terms thereof on behalf of the County of Cook.
All of which appears from the records and files of my office.
APPROVED BY BOARD OF
COOK COUNTY COMMISSIONERS
JUL 3 1 2007
coy►
(SEAL)
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 31st day of July.
A.D. 2007.'
COUNTY CLERK