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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). 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