2013-26RESOLUTION NO. 2013 - 26
A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH
COOK COUNTY RELATED TO PHASE 11 FOR 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; and,
WHEREAS, the Village is agreeable to paying for a portion of the Phase II
Engineering Design of Lake Cook Road in the area between Raupp Boulevard and
Hastings Lane as described in the attached Agreement.
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
County of Cook and the Village of Buffalo Grove related to the Lake Cook Road
( Raupp Boulevard to Hastings Lane) Phase II Engineering Design Study, is
hereby approved ( "Agreement ").
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: 0 — None
ABSENT: 0 —None
PASSED: June 17 2013
APPROVED: June 17 , 2013
ATTEST:
Vfftege Clerk
G:\PWDIRGRP \LHC \LCROAD \RESOLUTION 2013.docx
APPROVED:
INTERGOVERNMENTAL AGREEMENT
THE COUNTY OF COOK LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
VILLAGE OF BUFFALO GROVE Section: 13- A5015 -02 -EG
This Intergovernmental Agreement (the "Agreement ") is made and entered into by and
between the County of Cook (the "County "), a body politic and corporate of the State of Illinois, and
the Village of Buffalo Grove (the "Village "), a municipal corporation of the State of Illinois. The County
and the Village are sometimes collectively referred to as the "Parties."
RECITALS
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of
local government to contract or otherwise associate among themselves in any manner not prohibited by
law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.), authorizes
and encourages intergovernmental cooperation; and
WHEREAS, the County and the Village are units of government within the meaning of the
Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to
enter into an intergovernmental agreement; and
WHEREAS, the Village has completed a Phase I Study for the Lake Cook Road corridor from Raupp
Boulevard to Hastings Lane, through an Agreement executed by the County on October 15, 2008; and,
a First Amendment to said Agreement was executed by the County on May 1, 2012; and, the County
has reviewed and concurs with said Study; and,
WHEREAS, the County and the Village, in order to facilitate the free flow of traffic and ensure the
safety of the motoring public, are desirous of undertaking and completing Phase H Design Engineering
for the improvement of Lake Cook Road from west of Buffalo Grove Road to the eastern project limits
(near Hastings Lane), Buffalo Grove Road from south of the Weiland Road extension to north of Lake
Cook Road, McHenry Road (IL 83) from south of the Weiland Road extension to north of Lake Cook
Road, Weiland Road realignment and extension from west of Buffalo Grove Road to north of Lake Cook
Road, and Short Aptakisic Road from Buffalo Grove Road to McHenry Road; and
WHEREAS, the Phase II Design Engineering for the improvement will include data collection and early
coordination with various agencies, municipalities and utility companies; preliminary engineering;
preparation of right -of -way documents and coordination meetings; preparation of pre -final and final
construction plans, specifications, estimates and contract documents; project administration, coordination
with regulatory agencies and permit acquisition; construction assistance, shop drawing review and various
meetings (hereinafter called "PROJECT ") and said PROJECT is herein designated as County Section: 13-
A5015-02-EG; and
WHEREAS, the Phase I Study was successfully conducted by the Village's consultant, Civiltech
Engineering, Inc., it is in the mutual best interest of the Parties hereto for Civiltech Engineering to
conduct the Phase II Design Engineering for the PROJECT by utilizing its extensive knowledge and
understanding of the improvements in order to most effectively accomplish labor and cost efficiencies;
and
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13 -A 5015 -02 -EG
WHEREAS, the Village desires to include design engineering for new Village infrastructure as part of
the PROJECT, including water main, sanitary sewer and street lighting work (the "Village Work "); and
WHEREAS, the cost estimates for the PROJECT are summarized in the Funding Breakdown, which is
attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the County and the Village, by this instrument, desire to memorialize their respective
obligations and responsibilities toward the PROJECT; and
NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this
Agreement, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are incorporated into this Agreement as if set forth herein.
SECTION 2. TERM AND TERMINATION
This Agreement between the County and the Village shall not become effective unless authorized and
executed by the Cook County Board of Commissioners and an authorized representative of the Village.
This Agreement is a legal, valid and binding agreement, enforceable against the Village and, once duly
authorized and executed by the Cook County Board of Commissioners, against the County, in accordance
with its terms. This Agreement shall terminate two years after completion of the PROJECT.
SECTION 3. PROJECT FUNDS
3.1 County's Share of the PROJECT. The County shall pay for one hundred (100 %) percent of the
costs of the PROJECT, including Village of Wheeling and Lake County design elements, less the
costs for the Village Work as described in Section 5.8 herein. The County's total estimated cost
for the PROJECT is Three Million Three Hundred Eight Thousand Four Hundred Forty and
00 /100 Dollars ($3,308,440.00).
3.2 Village's Share of the PROJECT. The Village's share of the PROJECT shall be equal to the
actual cost of the Village right -of -way and Village Work as provided in Sections 5.3 and 5.8,
respectively. The Village's total estimated cost for the PROJECT is One Hundred Twelve
Thousand Five Hundred Fifty-Six and 00 /100 Dollars ($112,556.00).
3.3 Cost Estimates. The PROJECT Estimate described in Exhibit A is only an estimate and does not
limit the financial obligations of the Parties as described in 3.1 and 3.2 above. Notwithstanding
the forgoing, the County's obligations to pay for eligible items shall be based upon the actual
work performed and the costs as approved for the PROJECT.
SECTION 4. COUNTY'S RESPONSIBILITIES
4.1 Phase II Contract Review. The County shall review the Phase II design engineering contract for
adequacy and acknowledge its concurrence for same to the Village.
4.2 Plan Review. The County shall review and approve plan submittals in a timely manner.
4.3 Right- of -Way. The County shall be the lead agency for all land acquisitions for the PROJECT,
with the exception of any parcels needed solely for sidewalk and for parcels needed along
Weiland Road, north of Lake Cook Road as described in Section 53.
Page 2 of 8
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13 -A 5015 -02 -EG
4.3.1 The County shall review and approve the Village's plats and legal descriptions, appraisal
fees and legal fees; and, following receipt and approval of itemized expenses, pay one
hundred (100 %) percent of the Village's expenses within ninety (90) days of invoice by
the Village.
4.3.2 Following negotiations by the Village and County, the County shall purchase and secure
the PROJECT right -of -way parcels.
4.4 Payments to the Village. The costs that the County is obligated to pay as described in Section 3.
Project Funds, shall be paid on a progressive basis as follows:
4.4.1 The first installment equal to 60% of the County share of the contract, in the amount of
One Million Nine Hundred Eighty-Five Thousand Dollars ($1,985,000.00), shall be
invoiced by the Village within ninety (90) days following Village approval of a Phase II
engineering contract and County execution of this Agreement and the County shall pay
the Village within ninety (90) days of invoice by the Village.
4.4.2 The remaining balance of County obligations shall be invoiced by the Village on a
progressive basis thereafter, following expenditure of the initial 60% of County share and
the County shall pay the Village within ninety (90) days of invoice by the Village.
4.5 Utility Coordination. The County shall assist the Village with the determination, evaluation,
coordination and/or relocation of utilities impacted by the PROJECT, including
verification /confirmation of "prior rights ". Utilities within the public right -of -way and impacted
by the PROJECT will be required to relocate at utility expense.
4.6 Meetings and Coordination. The County and Village shall jointly coordinate the identification
and scheduling of all meetings for the PROJECT, including utility coordination, staging, review
meetings and public meetings with IDOT, adjacent municipalities and regulatory agencies, as
required.
SECTION 5. VILLAGE'S OBLIGATIONS
5.1 Village as Lead Agent; Appropriation of Funds. The Village shall finance the Phase II design
engineering costs and act as Lead Agent for the PROJECT with reimbursement from the County
for its share of the PROJECT.
5.2 Design Engineering. The Village shall execute an engineering services contract with Civiltech
Engineering, Inc., subject to contract review and approval by the County, to conduct Phase II
design engineering and prepare PROJECT construction design plans, specifications, estimates
and contract documents for bidding purposes and obtain County and State of Illinois approval of
final plans, specifications, estimates and contract documents.
5.3 Right -of -way, Any new right -of -way or temporary easements required to construct the
PROJECT, including the accommodation of relocated utilities and storm water conveyance, shall
be delineated on the construction plans and subject to County review and approval.
5.3.1 The Village's consultant shall make the necessary surveys, prepare plats and legal
descriptions, make appraisals, and conduct negotiations in coordination with the County,
all at County expense and based upon prior County review and approval of expenditures.
Page 3 of 8
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13- A5015 -02 -EG
5.3.2 The Village shall secure, at its own expense, any additional right -of -way or temporary
easements necessary solely for construction of new sidewalk and be responsible for all
costs associated with the right -of -way acquisition.
5.3.3 The Village shall secure, at its own expense and in coordination with the County of Lake,
any additional right -of -way or temporary easements required for the PROJECT along
Weiland Road, north of Lake Cook Road.
5.3.4 The Village shall dedicate to the County any right -of -way needed from Village owned
parcels for the PROJECT, at no expense to the County.
5.4 Plan Development. The Village shall have the County participate in plan development and
review of plan submittals by the Village consultant (at 65 %, 90% and 100% levels) and await
County approval of Final Plans before closing its contract with the design engineer.
5.5 Re ug latory Permits. The Village shall prepare, submit the required documentation (including any
associated fees) for and secure any regulatory permits required for the PROJECT, including the
U.S. Army Corps of Engineers, MWRD, IEPA, IDNR, FEMA/LOMR, Lake County Stormwater
Permitting, NPDES Permitting, CCDD Testing and the North Cook County Soil and Water
Conservation District.
5.6 Meetings and Coordination. The Village and County shall jointly coordinate the identification
and scheduling of all meetings for the PROJECT, including utility coordination, staging, review
meetings and public meetings with IDOT, adjacent municipalities and regulatory agencies, as
required.
5.7 County's Identifier. The Village shall reference all correspondence, invoices and other
documents for the PROJECT with the County's identifier Section: 13- A5015- 02 -EG.
5.8 Village Work. The Village shall pay for one hundred (100 %) percent of the costs for any Village
infrastructure included in the PROJECT, including design engineering, construction, construction
engineering and regulatory permit approvals, either directly or through other funding sources;
and, said work to include new water main, sanitary sewer, street lighting, tree plantings, etc.
5.9 Final Plans. The Village shall supply the County with Final PROJECT plans, specifications and
contract documents for bidding purposes.
5.10 Construction Assistance. The Village and its consultant design engineer shall attend a pre -bid
meeting and pre - construction conference, conduct shop drawing review and be available for any
other construction meetings as- needed.
SECTION 6. GENERAL PROVISIONS
6.1 Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the
laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit,
action, or proceeding brought in connection with this Agreement shall be in the Circuit Court of
Cook County and each Party hereby irrevocably consents to the personal and subject matter
jurisdiction of such court and waives any claim that such court does not constitute a convenient
and appropriate venue for such claims, suits, actions, or proceedings.
Page 4 of 8
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13 -A5 015 -02 -EG
6.2 Default. The Village shall be in default hereunder in the event of a material breach by the Village
of any term or condition of this Agreement including, but not limited to, a representation or
warranty, where the Village has failed to cure such breach within thirty (30) days after written
notice of breach is given to Village by the County, setting forth the nature of such breach. Failure
of County to give written notice of breach to the Village shall not be deemed to be a waiver of the
County's right to assert such breach at a later time. Upon default by the Village, the County shall
be entitled to exercise all available remedies at law and in equity, including but not limited to
termination of this Agreement upon thirty (30) days' notice to the Village.
The County shall be in default hereunder in the event of a material breach by the County of any
term or condition of this Agreement including, but not limited to, a representation or warranty,
where the County has failed to cure such breach within thirty (30) days after written notice of
breach is given to the County by the Village, setting forth the nature of such breach. Failure of
the Village to give written notice of breach to the County shall not be deemed to be a waiver of
the Village's right to assert such breach at a later time. Upon default by the County, the Village
shall be entitled to exercise all available remedies at law and in equity, including but not limited
to termination of this Agreement upon thirty (30) days' notice to the County.
6.3 Modification. This Agreement may not be altered, modified or amended except by a written
instrument signed by both Parties. Provided, however, the Parties agree that provisions required
to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are
deemed inserted whether or not they appear in this Agreement and that in no event will the failure
to insert such provisions prevent the enforcement of this Agreement.
6.4 Bindine Successors. The County and the Village agree that their respective successors and
assigns shall be bound by the terms of this Agreement.
6.5 Force Majeure. Neither the County nor the Village shall be liable for failing to fulfill any
obligation under this Agreement to the extent any such failure is caused by any event beyond
such Party's control and which event is not caused by such Party's fault or negligence. Such
events shall include but not be limited to acts of God, acts of war, fires, lightning, floods,
epidemics or riots.
6.6 Time of the Essence. The obligations of the Parties as set forth in this Agreement shall be
performed in a timely manner such that it will not result in a delay of the PROJECT timetable as
determined by the Parties.
6.7 Notices. Unless otherwise specified, any notice, demand or request required under this
Agreement must be given in writing at the addresses set forth below by any of the following
means: personal service, overnight courier or first class mail.
TO THE COUNTY:
Mr, John Yonan, P.E.
Superintendent
Cook County Department of Transportation and Highways
69 West Washington, Suite 2300
Chicago, IL 60602
Page 5 of 8
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13- A5015 -02 -EG
TO THE VILLAGE OF BUFFALO GROVE:
Mr. Jeffrey Braiman
President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
6.8 Entire Agreement. This Agreement constitutes the entire agreement between the County and the
Village, merges all discussion between them and supersedes and replaces any and every other
prior or contemporaneous agreement, negotiation, understanding, commitments and writing with
respect to such subject matter hereof.
6.9 Construction. The County and the Village agree that the lead agency for construction of the Lake
Cook Road, Buffalo Grove Road, McHenry Road, Weiland Road and Aptakisic Road
improvements, including construction and construction engineering cost responsibilities, will be
more formally addressed through a separate agreement as contract plans near completion.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Page 6 of 8
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13 -A 5015 -02 -EG
IN WITNESS WHEREOF, the County and the Village have caused this Agreement to be executed by
their respective officials on the dates as shown.
EXECUTED BY COUNTY:
Toni Preckwinkle
President
Board of County Commissioners
This 17 d y of lot_ A.D. 2013
ATTEST:
County Clerk
(SEAL)
RECOMMENDED BY:
Sueartment tendent
De of nsportation and Highways
W.,
ALO GROVE:
*f
This day of . ` A.D. 2013.
ATTEST: - \DA
`- _ill,gge Clerk
(SEAL)
APPROVED AS TO FORM:
a Alvarez, Stat ' Attorney
A tstant State's Attorney
Page 7 of 8
APPROVED BY BOARD OF
COOK COUNTY COMMISSIONERS
COM
JUL 17 2013
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 17, 2013, passed the following Resolution:
13 -R-
RESOLUTION
Sponsored by
THE HONORABLE TONI PRECKWINKLE
PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS
RESOLVED, that the President of the Board of Commissioners of Cook County, Illinois,
on behalf of the County of Cook, is hereby authorized and directed by the Members of
said Board, to execute by original signature or authorized signature stamp, two (2)
copies of an Intergovernmental Agreement between the County and the Village of
Buffalo Grove, attached, wherein the Village will direct Phase II Design Engineering
services for improvements along Lake Cook Road from Raupp Boulevard to Hastings
Lane, including the realignment and extension of Weiland Road south of Lake Cook
Road to intersect with Buffalo Grove Road (estimated total cost $3,420,996.00); that
said design engineering services will include data collection and early coordination with
various agencies, municipalities and utility companies; preliminary engineering;
preparation of right -of -way documents and coordination meetings; preparation of pre -
final and final construction plans, specifications, estimates and contract documents;
project administration, coordination with regulatory agencies and permit acquisition;
construction assistance, shop drawing review and various meetings; that the County of
Cook will reimburse the Village of Buffalo Grove for its share of costs for the design
engineering services (estimated total County share $3,308,440.00) under County
Section: 13- A5015- 02 -EG; and, the Department of Transportation and Highways is
authorized and directed to return an executed copy of this Resolution with Agreement to
the Village of Buffalo Grove and implement the terms of the Agreement.
All of which appears from the record and files of my office.
(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 17th day of July A.D. 2013.
a, ,&
COUNTY CLERK
HATransportation & PlanninglPlanninglAGREEMENTS\4- INTGOVT- REIMB- LOA1Resolutions\Res A5015 -0c ti`O111�Y1"C(11fA OARD OF
IGA.doc ISSIQNERS
JUL 17 2013
COM
LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
Section: 13 - A5015 -02 -EG
EXHIBIT A
Funding Breakdown
ITEM
ESTIMATED
VILLAGE
COUNTY
TOTAL COST
COST
COST
Data Collection and Early Coordination
$24,259.00
$1,393.50
$22,865.50
Preliminary Engineering
$208,425.00
$16,813.00
$191,612.00
Right -of -Way Documents & Coordination
$10,496.00
$0
$10,496.00
Pre -Final (65% and 90 %) Plans, Estimates
$232,448.00
$7,640.00
$224,808.00
and Documents — Contract 1
Final (100 %) Plans, Estimates and
$52,564.00
$1,742.00
$50,822.00
Documents for Contract 1
Pre -Final (65% and 90 %) Plans, Estimates
$196,539.00
$5,977.00
$190,562.00
and Documents — Contract 2
Final (100 %) Plans, Estimates and
$51,742.00
$1,742.00
$50,000.00
Documents for Contract 2
Project Administration, Coordination and
$50,526.00
$948.00
$49,578.00
Permits (including Permit Fees
Construction Assistance
S19,820.00
$0
$19,820.00
Overhead
$1,249,312.00
$53,487.74
$1,195,824.26
Cost Plus Fixed Fee
$303,939.00
$13,012.76
$290,926.24
Direct Costs and Sub Consultant Expenses
$1,020,926.00
$9,800.00
$1,011,126.00
TOTAL
$3,420,996.00
$112,556.00
$3,308,440.00
Note:
Village share incudes costs for Municipal Utilities and Infrastructure Design; Lighting Design
Calculations; Water Main and Sanitary Sewer Relocation Plans; Lighting Notes & Quantities; Lighting
Plans; Circuit Diagrams; Temporary Lighting Plans; Lighting Controller Details; Lighting Details and
Buffalo Creek Realignment Letter of Map Revision (LOMR).
H: \Transportation & Planning \Planning\AGREEMENTS \4 - INTGOVT - REIMB- LOA\A5015 -02 -EG Buffalo Grove Ph II IGA.doc
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