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2012-11RESOLUTION NO. 2012 - 11 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMENDMENT WITH COOK COUNTY RELATED TO LAKE COOK ROAD BETWEEN HASTINGS LANE AND RAUPP BOULEVARD 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 Board previously approved Resolution No. 2008 -28 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to Lake Cook Road) which indicated the Village's agreement to implement a study of Lake Cook Road in the area between Hastings Lane and Raupp Boulevard as part of the Village's then ongoing Phase I study of the Weiland Road and Prairie Road Corridor provided Cook County will reimburse the Village for the Lake Cook Road area study expenses; and, WHEREAS, additional engineering services have been determined to be needed to complete the study which were not included in the original agreement; and, WHEREAS, an Amendment to the Reimbursement Agreement which was approved by Resolution No. 2008 -28 is needed to establish the provisions for full reimbursement to the Village of Buffalo Grove from the County of Cook so as to fully reimburse the Village for involved costs of the needed additional work; 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 "First Amendment to Reimbursement Agreement" related to the Lake Cook Road (Raupp Boulevard to Hastings Lane) Study, is hereby approved. 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: 6 - Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYES: n - ABSENT: 0 - None PASSED: March 5 , 2012 APPROVED: March 5 , 2012 ATTEST: Vil Clerk G: \PWDIRGRP \LHC \LCROAD\RESOLUTION 2012.docx APPROVED: FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT THE COUNTY OF COOK LAKE COOK ROAD THE VILLAGE OF BUFFALO GROVE Raupp Boulevard to Hastings Lane Section: 08- A5015 -01 -ES This FIRST AMENDMENT to Reimbursement Agreement, is 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 municipal corporation in the State of Illinois, hereinafter called "VILLAGE ". WITNESSETH Whereas, the VILLAGE and COUNTY entered into a Reimbursement Agreement for a Phase I Engineering Study (hereinafter called STUDY) along Lake Cook Road from Raupp Boulevard to Hastings Lane, said agreement executed by VILLAGE on September 8, 2008 and by COUNTY on October 15, 2008, hereinafter "AGREEMENT "; and Whereas, the AGREEMENT specified the scope of work for the STUDY and established responsibilities toward engineering and funding of the STUDY, originally estimated to cost the COUNTY Five Hundred Fifty -Four Thousand Five Hundred Twenty -Three Dollars ($554,523.00); and Whereas, the COUNTY requested that additional engineering services be added to the STUDY, which were not included in the original AGREEMENT. The additional engineering services shall include, but are not limited to: a public information meeting, additional traffic counts /license plate surrey, synchro analyses, traffic studies summary memorandum, alternative analyses for Lake Cook Road alignment, alternative analyses for Weiland Road extension, Weiland Road extension memorandum, intersection design studies, public meeting #2 follow -up, preliminary environmental site assessment, bridge studies for short Aptakisic Road, Environmental Assessment/FONSI, combined design report, Section 4(f) evaluation, crash analyses, highway noise analysis update, 2040 traffic update, wetland delineation report updates and structure geotechnical reports; and Whereas, the VILLAGE intends to expand the scope of work in the consultant engineering agreement to include said additional engineering services; and Whereas, the VILLAGE and COUNTY desire to amend the AGREEMENT to modify the original cost estimate to include said additional engineering services in the amount of Two Hundred Forty -One Thousand Seven Hundred Seventy -Nine Dollars ($241,779.00); and Whereas, the COUNTY previously issued payments to the VILLAGE based upon the original cost estimate and these payments shall reduce the COUNTY'S total payment obligation; and Now, Therefore, in consideration of the promises and mutual undertakings herein set forth, the parties agree to amend the AGREEMENT as follows: It is mutually agreed that the above Recitals are incorporated herein and made part hereof. Lake Cook Road Raupp Boulevard to Hastings Lane Section: 08- A5015 -01 -ES First Amendment to Reimbursement Agreement I. MODIFICATIONS TO ARTICLE #1 The following modifications are made to Article 1. "The VILLAGE shall" • Subsection a. is amended to read as follows: a. serve as lead for STUDY and supplement its current engineering consultant agreement and secure COUNTY approval for said supplemental agreement for STUDY. In the event that the costs for said STUDY exceed the total estimated cost, said additional costs shall be cause for an Amendment to this Agreement prior to reimbursement by the County; • Subsection c. is amended to read as follows: c. bill the COUNTY on a monthly basis for the total cost of the STUDY (estimated COUNTY share is $796,302.00) less all amounts previously paid by the COUNTY to the VILLAGE; II. MODIFICATIONS TO ARTICLE #2 The following modifications are made to Article 2. "The COUNTY shall" 0 Subsection b. is amended to read as follows: b. pay one hundred (100 %) percent of the costs for the STUDY less the amount previously paid by the COUNTY to the VILLAGE as specified in 1.c., within ninety (90) days of invoice by the VILLAGE; and, 111. EFFECT OF AMENDMENT This Amendment forms a part of and supplements the requirements of the AGREEMENT. All other provisions of the AGREEMENT not specifically addressed in this Amendment shall remain in effect and unaltered. This Amendment is subject to all terms and conditions applicable to the AGREEMENT except as expressly provided in this Amendment. The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Amendment. IV. EFFECTIVE DATES OF AMENDMENT /DURATION OF AGREEMENT This Amendment shall be effective upon proper execution by authorized signatories of the parties and shall continue in effect until the AGREEMENT expires or is terminated. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 2 of 3 Lake Cook Road Raupp Boulevard to Hastings Lane Section: 08- A5015 -01 -ES First Amendment to Reimbursement Agreement IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this Amendment to be executed by their respective officials on the dates as shown. EXECUTED )?Y VILLAGE OF BUFFALO GROVE: iman, President This 5th days f March A.D. 2012. ATTEST:` illage Clerk (SEAL) EXECUTED BY COUNTY: Toni Preckwinkle President Board of County Commissioners 16+- This day A.D. 2012. AT T EST: County Clerk (SEAL) _RECOMMENDED BY: APPROVED AS TO FORM: Anita Alvarez, Stat 's Attorney BY Super' tenden of ighways VAssistant State's Attorney H: \Transportation & Planning\Planning\ AGREEMENTS\ 4- INTGOVT- REIMB- LOA\A5015- 01- ES_Suff_Gr_Phf Reimb Amendl FINAL.doc APPROVED BY BOARD OF Page 3 of 3 COOK COUNTY COMMISSIONERS MAY 0 1 2012 COM