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1997-26• W RESOLUTION NO. 97- 26 A RESOLUTION APPROVING AN AGREEMENT WITH LAKE COUNTY RELATED TO THE BUSCH PARKWAY AND DEERFIELD PARKWAY INTERSECTION IMPROVEMENT 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; and, WHEREAS, the funding of construction and maintenance of a high quality transportation system is most appropriately shared by several agencies of Federal, State and Local Government; and, WHEREAS, a project agreement with the County of Lake is a required prerequisite for receiving Lake County funding for the Busch Parkway and Deerfield Parkway Intersection Improvement; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS as follows: Section I: The agreement entitled, "Buffalo Grove Transportation Agreement - Project Specific Joint Agreement for the Stage IV Improvement of Busch Parkway at Deerfield Parkway" 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: NAYES: ABSENT: PASSED: APPROVED: Attest: ova age Clerk 5 - Marienthal, Reid, Rubin, Braiman, Glover 0 - None 1 - Hend G: \PWDIRGRP \LHC \BUSCH\ 1031 RES. WPD July 7 , 1997 July 7 51997 Approved: Village President Lake County Division of Transportation .Busch Parkway @ Deerfield Parkway Project Specific Agreement September 3, 1997 The Honorable Sidney H. Mathias Village President Village of Buffalo Grove 50 Raupp Boulevard Buffalo .Grove, IL 60089 Martin G. Buehler, P.E. Director of Transportation/ County Engineer 600 West Winchester Road Libertyville, IL 60048 General Office 847/362 -3950 Facsimile 847/362 -5290 Maintenance 847/362 -3960 Sign Shop 847/362 -3962 Dear President Mathias: Please find enclosed 2 (two) fully executed original copies of the joint agreement between the County of Lake and the Village of Buffalo Grove for the intersection improvements to Busch Parkway at Deerfield Parkway. If you have any questions you may contact me at 362 -3950. Very truly yours, DHP:bdc Enclosures Planning and Programming cc: William Balling, Village Administrator Gregory Boysen, Director of Public Works W BUFFALO GROVE TRANSPORTATION AGREEMENT PROJECT SPECIFIC JOINT AGREEMENT FOR THE STAGE IV IMPROVEMENT OF BUSCH PARKWAY AT DEERFIELD PARKWAY THIS AGREEMENT entered into this _P day of Tl tLq , A.D., 190 jE by and between the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chairman and County Board, hereinafter referred to as the COUNTY; and the VILLAGE OF BUFFALO GROVE, Illinois, an Illinois Municipal Corporation, acting by and through its Village President and Village Board, hereinafter referred to as the VILLAGE. WITNESSETH: WHEREAS, the COUNTY and the VILLAGE have entered into the BUFFALO GROVE TRANSPOR- TATION AGREEMENT (the TRANSPORTATION AGREEMENT) dated June 13, 1995 which sets forth the proposed general duties and responsibilities of the COUNTY and the VILLAGE as they relate to certain roadway improvements in the south central section of Lake County. Said TRANSPORTATION AGREEMENT by reference herein is hereby made a part hereof, and, WHEREAS, said TRANSPORTATION AGREEMENT further requires that the COUNTY and the VILLAGE enter into a project specific agreement for each stage of improvement for said certain roadways prior to the commencement of the construction of a specific improvement; and, WHEREAS, THIS AGREEMENT sets forth the specific duties and responsibilities of the COUNTY and the VILLAGE for the Stage IV Improvement of Busch Parkway at Deerfield Parkway intersection realignment, and, as such, complies with the requirement set forth in the TRANSPORTATION AGREEMENT for a project specific joint agreement; and, WHEREAS, the VILLAGE, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, is desirous of the COUNTY to assist in making certain improvements to Busch Parkway at its intersection with Deerfield Parkway. Said improvement shall be known as COUNTY Section: 97- 00248 -00 -CH and shall include the following work: BUSCH PARKWAY AT DEERFIELD PARKWAY INTERSECTION REALIGNMENT: (1) Widening the existing pavement to provide 2 through lanes in each direction on Busch Parkway from east of the Wisconsin Central Ltd. Railroad crossing to Deerfield Parkway; (2) realigning the existing intersection of Busch Parkway and Deerfield Parkway to provide for a continuous east -west through movement between Busch Parkway and Deerfield Parkway; (3) widening the existing pavement on the north (east) approach of Busch Parkway to provide for a separate right turn lane; (4) installing new traffic control signals at the realigned intersection; and, (5) performing all other work in conformance with the approved final engineering plans, specifications and construction contract documents. Said approved plans, specifications and construction contract documents by reference herein are hereby made a part hereof, and, WHEREAS, the COUNTY and the VILLAGE have successfully secured Federal funds from the Congestion Mitigation and Air Quality Program (CMAQ) to fund a portion of said improvement; and, a - WHEREAS, both the COUNTY and the VILLAGE are desirous of said improvement as heretofore described and that said improvement will be of immediate benefit to the COUNTY and the VILLAGE, their . residents and the motoring public and will be permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the COUNTY and the VILLAGE hereto mutually agree as follows: It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. 2. It is mutually agreed by and between the parties hereto that the cost of the construction of the improvement shall be funded from Federal, state, COUNTY and VILLAGE sources as set forth in SECTION II of the TRANSPORTATION AGREEMENT. 3. The VILLAGE agrees to approve and duly execute any and all agreements with the FHWA, IDOT, ICC or any other agency, to secure and obtain the maximum amount of outside funding for the improvement to lessen the financial obligations of the COUNTY and the VILLAGE. 4. The VILLAGE agrees to prepare, or cause to be prepared, and pay 100% of all costs, with no reimbursement from the COUNTY, all necessary surveys, preliminary engineering studies, final engineering plans, specifications and estimates, and construction contract letting documents. The VILLAGE further agrees that said surveys, preliminary engineering studies, final engineering plans, specifications and estimates, and construction contract letting documents shall be prepared in accordance with and shall comply with the Federal Aid guidelines, policies, standards and requirements as prescribed by the Illinois Department of Transportation (IDOT) and the Federal Highway Administration (FHWA) for the use of Federal CMAQ funds. 5. The VILLAGE agrees to perform, or cause to be performed, and pay 100% of all costs, with no reimbursement from the COUNTY, the construction engineering supervision for the improvement. The VILLAGE further agrees that said construction supervision and any and all documentation related thereto shall be performed in accordance with and shall comply with the guidelines, policies, rules, regulations and requirements for the use of Federal and state funds as prescribed by the IDOT and the FHWA. 6. The VILLAGE agrees to acquire and obtain, and pay 100% of all costs, with no reimbursement from the COUNTY, free of any liens and encumbrances, any and all necessary easements, both temporary and permanent, and any and all necessary rights -of -way for the construction of said improvement. The VILLAGE further agrees to prepare, or cause to be prepared all necessary plats of easement, plats of right -of -way, easement and right -of -way acquisition documents and any other documents that may be required for the acquisitions for the improvement. The VILLAGE further agrees to follow, adhere to and comply with 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 improvement. 7. The VILLAGE agrees to apply for and obtain, and pay 100% of all costs for, with no reimbursement from the COUNTY for any costs, any and all necessary approvals and permits from any Federal, state, regional -2- or local agency that may be required to construct said improvement. Said necessary approvals and permits shall include any wetlands mitigation that may be required in accordance with the applicable rules, regulations, requirements, standards and specifications as may be required by any Federal, state, regional or local agency as they may relate to a roadway improvement. The VILLAGE further agrees that it shall obtain all necessary approvals and permits prior to the letting of the construction contract for said improvement. 8. The VILLAGE agrees to convey and transmit to the COUNTY's County Engineer, for review and approval, all surveys, preliminary engineering, final engineering plans, specifications and estimates, approvals and permits, construction contract letting documents, plats of easement, plats of right -of -way, easement and right -of -way acquisition documents and any other documents prepared or obtained for said improvement. The VILLAGE further agrees that the construction contract shall not be advertised, let or awarded until such time as the COUNTY's County Engineer has reviewed and approved all submittals for said improvement. 9. The COUNTY agrees that the County Engineer shall review, in a timely manner, all submittals as set forth heretofore and that the approvals of said submittals shall not be unreasonably withheld. 10. The VILLAGE agrees to provide, or cause to be provided, and pay 100% of the costs, with no reimbursement from the COUNTY, for any land, right -of -way, easements, both temporary and permanent, stormsewer, ditching and all appurtenant facilities thereto and the construction for any storm water detention or retention that may be required pursuant to the applicable provisions of the LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE as they apply to said improvement. Said COUNTY Ordinance by reference herein is hereby made a part hereof. The VILLAGE further agrees to maintain, or cause to be maintained, at no cost to the COUNTY, any and all storm water detention or retention basins, stormsewer, swales, ditching and all appurtenances thereto that are located outside of the right -of -way of Busch Parkway and Deerfield Parkway. 11. The VILLAGE agrees to pay 100% of all construction costs for said improvement, subject to reimbursement by the COUNTY as set forth hereafter. The VILLAGE further agrees that any Federal, state or private funds that may be received to pay all, or a portion of, the construction costs of the improvement shall be first applied against any roadway only construction costs. Any such Federal, state or private funds that may remain after being attributed to the roadway only improvements may then be applied to any eligible non - roadway only and construction engineering supervision costs. 12. The VILLAGE agrees to pay 100% of all construction costs, with no reimbursement from the COUNTY, for any repairs, rehabilitation, relocation, adjustments, and upgrades of any existing VILLAGE owned utility or facility as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT and as set forth in EXHIBIT A, attached hereto and reference herein is hereby made a part hereof (it being understood by the parties hereto that the final costs and responsibilities for the COUNTY and the VILLAGE shall be determined by the awarded and completed construction contract for the improvement and the Provisions of THIS AGREEMENT). Said costs shall also include the construction or installation of any new VILLAGE owned utility or facility and any extraordinary costs that may be incurred due to the construction or installation of any new VILLAGE owned utility or facility or the presence and -3- a - existence of any existing VILLAGE owned utility or facility within the right -of -way of Busch Parkway and Deerfield Parkway. The VILLAGE further agrees to remove and relocate, as necessary, and pay 100% of all costs, with no reimbursement from the COUNTY, VILLAGE owned utilities from underneath any existing or widened pavement and curb and gutter within the limits of said improvement in accordance with the requirements of SECTION II.C. of the TRANSPORTATION AGREEMENT. Said costs shall also include any extraordinary costs that may be incurred due to the existence and presence or construction of any VILLAGE owned utility or facility within the right -of -way. 13. The VILLAGE agrees that the COUNTY shall not be responsible, in any manner or form, in the event there currently exists contaminated soils, contaminated water, landfill materials, special wastes, hazardous wastes, toxic wastes or any other conditions that may require special handling, disposal or treatment for any conditions found within the limits of the rights -of -way of Busch Parkway or Deerfield Parkway, any easements, whether temporary or permanent, or any new right -of -way acquired for said improvement. The VILLAGE further agrees that it shall immediately notify the COUNTY's County Engineer and all appropriate regulatory agencies in the event such conditions as described herein exists on, under or within any of the areas described herein. The VILLAGE further agrees that the COUNTY shall not be responsible, in any manner or form, for any and all clean -up, remediation and corrective action that may be required as a result of the presence of any conditions as described herein. 14. The VILLAGE agrees to pay 100% of the required local match, with no reimbursement from the COUNTY, for the installation of the emergency vehicle pre - emption system on the traffic control signals at the intersection of Busch Parkway and Deerfield Parkway. The VILLAGE further agrees to pay 100% of the required local match, with no reimbursement from the COUNTY, for any and all roadway work that is performed on any intersecting streets with Busch Parkway and Deerfield Parkway that are under the jurisdiction of the VILLAGE. The VILLAGE further agrees that exact demarcation line which determines the extent of the VILLAGE's responsibilities as set forth in This Provision shall be as determined by the COUNTY's County Engineer in consultation with the VILLAGE. 15. The VILLAGE agrees to pay one -third (1/3) of the local match, with no reimbursement from the COUNTY, for the costs of the installation of the new traffic control signals at Busch Parkway and Deerfield Parkway. Said costs shall also include the payment of one -third (1/3) of the local match, with no reimbursement from the COUNTY, for the costs of the interconnection of the new traffic control signals at Busch Parkway and Deerfield Parkway with the existing traffic control signals at Busch Parkway and Commerce Court and Busch Road/Parkway and Weiland Road and the Wisconsin Central Ltd. railroad crossing warning devices. 16. The COUNTY agrees to reimburse to the VILLAGE, up to an amount not to exceed nine hundred thirty - five thousand dollars ($935,000.00) for the local match of the roadway only construction and traffic control signal installation costs of the improvement as set forth in SECTION II.B. of the TRANSPORTA- TION AGREEMENT. The reimbursement by the COUNTY to the VILLAGE shall not include those construction items as heretofore set forth in Provision #10, #12, #13, #14 and #15. Said reimbursement to the VILLAGE shall be at contract unit prices for actual work performed. ® • 17. The COUNTY agrees, upon award of the construction contract, to pay to the VILLAGE, upon receipt of detailed periodic invoice billings which shall include copies of the roadway only construction items, quantities and awarded contract unit costs; its portion of its obligation incurred under THIS AGREE- MENT as heretofore set forth in Provision #16. The COUNTY further agrees that upon completion of the improvement, upon receipt of the final invoice billing and upon inspection and approval of the improvement by the COUNTY's County Engineer, to pay to the VILLAGE, based on the awarded contract unit prices for actual work performed, its remaining obligation incurred under THIS AGREEMENT as set forth heretofore in Provision #16. 18. It is mutually agreed by and between the parties hereto that in no event shall the total amount paid to the VILLAGE by the COUNTY exceed nine hundred thirty -five thousand dollars ($935,000.00) for its obligations incurred under THIS AGREEMENT as set forth heretofore in Provision #16. It is further mutually agreed by and between the parties hereto that the VILLAGE shall be solely responsible for all construction costs as heretofore set forth in Provision #16 for the improvements which exceeds the upper limit of payment by the COUNTY of nine hundred thirty -five thousand dollars ($935,000.00). However, it is understood that this Provision does not preclude the VILLAGE from securing and applying other funding sources, other than those from the COUNTY, to pay all, or a portion, of the VILLAGE's obligation as set forth herein. It is further mutually agreed by and between the parties that the COUNTY agrees that any access related cash donation that may be received from any development that may be within the limits of the improvement in accordance with Section 4.6.1.b. of the LAKE COUNTY HIGHWAY ACCESS REGULATION ORDINANCE shall be made available to the VILLAGE to be used to pay a portion of the construction costs of the improvement as said costs relate to the proposed access. Said cash donation amount shall be in addition to the amount of the COUNTY'S obligation as heretofore set forth in Provision # 16. Said COUNTY Ordinance by reference herein is hereby made a part hereof. 19. The VILLAGE agrees that subsequent to the review and approval of the final engineering plans and all other documents related thereto for the improvement by the COUNTY's County Engineer, no changes, alterations, modifications, revisions, additions or deletions shall be made to said documents unless each change, alteration, modification, revision, addition or deletion is specifically reviewed and approved by the COUNTY's County Engineer. The VILLAGE further agrees that subsequent to the award of the construction contract, the VILLAGE shall provide to the COUNTY'S County Engineer a written description of all field changes, change orders, modifications, revisions, additions or deletions that may be made to the construction contract. In the event that any field changes, change orders, modifications, revisions, additions or deletions which either individually or in aggregate change the awarded dollar amount of the construction contract by 5% or more, said field changes, change orders, modifications, revisions, additions or deletions shall not be approved by the VILLAGE without the specific review and approval by the COUNTY's County Engineer. The VILLAGE further agrees to be solely responsible for all decisions regarding all field changes, change orders, modifications, revisions, additions or deletions that may be made to the construction contract for the improvements and that all said changes shall be done in compliance with and in accordance to all applicable Federal Aid procedures, policies, guidelines, rules and requirements as prescribed by the IDOT and the FHWA. Nothing in this Provision shall be construed, in any manner or form, to imply that any approval that may be given by the COUNTY's County Engineer shall imply or indicate any change is in -5- a - accordance with and in compliance with any applicable Federal Aid procedure, policy, guideline, rule or requirement. 20. The VILLAGE agrees, upon completion of the improvement, to carry out and perform any and all maintenance operations, duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTA- TION AGREEMENT. 21. It is mutually agreed by and between the parties hereto that upon the completion of the improvement each parry hereto shall assume their respective duties and responsibilities for the traffic control signals at Busch Parkway and Deerfield Parkway, Busch Parkway and Commerce Court and Busch Parkway and Deerfield Parkway as set forth in SECTION II.B. (COUNTY Responsibilities) and SECTION H.C. (VILLAGE Responsibilities) of the TRANSPORTATION AGREEMENT. 22. The VILLAGE agrees that upon completion of the improvement, the VILLAGE shall maintain, or cause to be maintained, at no cost to the COUNTY, all VILLAGE owned utilities and facilities in accordance with its duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT. Said maintenance shall include, but not be limited to, snow and ice removal, the cleaning of debris, correction of drainage problems, repairs, upkeep in a safe and useable condition, restoration of any disturbed areas and mowing of turf areas. 23. The VILLAGE agrees that upon completion of the improvement, the VILLAGE shall maintain, or cause to be maintained, at no cost to the COUNTY, all street lights in accordance with its duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT. The VILLAGE further agrees to reimburse to the COUNTY 100% of all maintenance costs for the combination street light poles and all related appurtenances thereto on the traffic signal poles. 24. The VILLAGE agrees that upon completion of the improvement to pay all energy costs for the operation of the street lights and all related appurtenances thereto in accordance with its duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT. Said energy costs shall include all initial connection and hookup costs as charged by the utility providing the energy. 25. The VILLAGE agrees that upon completion of the improvement to pay 100% of all future costs, without reimbursement from the COUNTY, for all future costs related to the street lights in accordance with its duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT. 26. The VILLAGE agrees that upon completion of the improvement, the VILLAGE shall maintain, or cause to be maintained, at no cost to the COUNTY, all landscaping planted in the median and parkway in accordance with its duties and responsibilities as set forth in SECTION II.C. of the TRANSPORTATION AGREEMENT. Said landscaping shall be planted in accordance with the approved final engineering plans, specifications and construction contract. In no case shall any landscaping, except turf, be planted closer than 6 feet as measured from the back of the curb. Any landscaping, except turf areas, planted in the median shall be planted in the center of the median equi- distance from the back of each curb of the median. The VILLAGE further agrees that no additional landscaping shall be planted in the median or in the parkway without obtaining a permit from the COUNTY's Division of Transportation. WOE ® o The VILLAGE further agrees that said maintenance of said landscaping shall include, but not be limited to, periodic routine trimming; removal of damaged and dead branches and limbs; prompt removal of leaves and fallen branches and limbs; removal of dead and diseased plants; prompt removal of any plant or plants that obstruct or interferes with sight distance; prompt removal of any plants that constitute an obstruction, interference or hazard to the motoring, pedestrian and cycling public; prompt removal of any plants that cause drainage problems; prompt removal of any plants that unduly interferes with standard highway maintenance operations; prompt removal of any plants that conflict with highway construction; and, mowing of turf areas. The VILLAGE further agrees that the COUNTY's Division of Transportation shall not be held responsible for any damage to the landscaping that may result from routine maintenance operations. 27. The VILLAGE agrees that in the event of future improvements to Busch Parkway and Deerfield Parkway are made, and as a result of said future improvements it becomes necessary that any VILLAGE owned utility or facility, in whole or in part, be moved, removed or relocated, the VILLAGE, at no cost to the COUNTY, shall move, remove or relocate, in whole or in part, or cause to be moved, removed or relocated, said VILLAGE owned utility or facility as deemed necessary to construct said future improvement. Said costs shall also include any extraordinary costs that may be incurred due to the existence and presence of any VILLAGE owned utility or facility. 28. The VILLAGE agrees to indemnify, defend and hold harmless the COUNTY, its elected officials and its duly appointed officials, agents, employees and representatives, and the COUNTY's Division of Transportation, its duly appointed officials, agents, employees and representatives from and against any and all claims, injuries, judgments, damages and demands arising from and related to the use and operation of the emergency vehicle pre - emption systems that are part of the traffic control signals; the placement, construction, installation, existence, maintenance (or the lack thereof), use and operation of all VILLAGE owned utilities and facilities within the rights -of -way of Busch Parkway and Deerfield Parkway; and, for all maintenance operations performed (or the lack of maintenance performed) on Busch Parkway and Deerfield Parkway in accordance with SECTION II.C. of the TRANSPORTATION AGREEMENT. The VILLAGE further agrees to pay all damages, judgments, settlements, costs and expense, including all attorneys' fees and court costs, in connection therewith or resulting therefrom. 29. The VILLAGE agrees that in the event of its failure to comply with and adhere to any and all Provisions as set forth in THIS AGREEMENT or the TRANSPORTATION AGREEMENT, the COUNTY shall have the authority but not the duty, to perform the duties and responsibilities set forth in THIS AGREEMENT or the TRANSPORTATION AGREEMENT and invoice bill the VILLAGE for all related and attributable costs plus an amount equal to 15% of said costs. Persistent failure to comply with the Provisions as set forth in THIS AGREEMENT or the TRANSPORTATION AGREEMENT will authorize the COUNTY to take any and all action deemed appropriate by the COUNTY. The VILLAGE further agrees to reimburse the COUNTY at a rate of 115% of all related and attributable costs incurred by the COUNTY for any action taken by the COUNTY pursuant to this Provision. Said payment to the COUNTY shall be made in a lump sum amount for the full amount of the invoice billings due and payable within 30 days of the receipt of an invoice billing from the COUNTY. 30. It is mutually agreed by and between the parties hereto that each party shall fully cooperate with the other in completing the improvement contemplated in THIS AGREEMENT. -7- 31. It is mutually agreed 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, 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. The COUNTY is to be and shall remain independent of the VILLAGE with respect to all services performed under THIS AGREEMENT. 32. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other parry 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 or governmental entity, commission, board, bureau, agency or instrumentality applicable to such party. 33. THIS AGREEMENT shall be deemed to take effect as of the Agreement Date as shown on the first page of THIS AGREEMENT when fully and duly executed by the parties hereto. 34. 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. 35. It is mutually agreed by and between the parties hereto that the agreement of the parties is contained herein and that THIS AGREEMENT supersedes all oral agreements and negotiations between the parties hereto relating to the subject matter hereof. 36. It is mutually agreed by and between the parties hereto that the Provisions of THIS AGREEMENT are severable. If any provision, paragraph, section, subdivision, sentence, 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. 37. It is mutually agreed 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 signed and executed by the parties hereto. 38. It is mutually agreed by and between the parties hereto that nothing in THIS AGREEMENT shall 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, construct, repair, widen, manage or expand any County Highway as may be best determined as provided by law. 39. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Neither party hereto shall assign its rights or delegate its duties as set forth in THIS AGREEMENT without the express written consent of the other party. 40. THIS AGREEMENT shall remain in full force and effect for such a period of time as Busch Park - way/Deerfield Parkway from Illinois Route 83 to U.S. Route 45/I11inois Route 21 is a County Highway. 41. THIS AGREEMENT may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. 42. THIS AGREEMENT shall be considered null and void in the event the construction contract for the improvement as contemplated herein is not awarded by January 1, 1999. VILLAGE U ATTEST: By: �' i% ° '�°��'° ` Village President Villa Jerk Village of Buffalo Grove Village of Buffalo Grove ATTE T: County Clerk County of Lake Date: July 7, 1997 RECOMMENDED FOR EXECUTION Lak ou ty Director of Transportation/ County Engineer CO N =FLA By: . Chairman Lake County Board Date: 6— 1,5-- `�' 7 a - EXHIBIT A COUNTY NON - PARTICIPATING ITEMS It is mutually agreed by and between the parties hereto that the listing of the construction items in THIS EXHIBIT are considered preliminary. Any conflicts that may exist between THIS EXHIBIT and THIS AGREEMENT and the TRANSPORTATION AGREEMENT shall be determined by the final listing of the construction items as set forth in the construction contract. The VILLAGE shall be responsible for those construction items in the final construction contract inclusive of all changes, alterations, field changes, modifications, additions and deletions in accordance with Provision #10, #12, #13, #14 and #15 of THIS AGREEMENT and SECTION II.C. of the TRANSPORTATION AGREEMENT. Final costs for the COUNTY non - participating items for which the VILLAGE is responsible for shall be based on the final construction contract and awarded unit prices for actual work performed. 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C IVECH*EN FAX NO. 18W33975 P.05 0- 1000, TV MITE OF CALCULATION ALTSRNATE rWo a 0 County Board County Administration Director of Finance Transportation' (2) cert. Busch Parkway/Deerfield Parkway, Roadway CERTIFIED TO BE A TRUE COPY OF Improvement: Village of Buffalo Grove Agreement RECORDS OF THE • LAKE CO:U NTY BOARD.'MEETINC OF .' . JUL 0 8.1997 AePROVED CERTIFICATION NOT 'VALID UNLESS SEAL OF LAKE COUNRY,, ILLINOIS IS AFFIXED COUNTY BOARD, 6igf—OJ�NZ&OIS County Clerk STATE OF ILLINOIS) ) SS COUNTY OF LAKE ) ADJOURNED REGULAR JUNE A.D. 1997 SESSION JULY 08, A.D. 1997 MR. CHAIRMAN AND MEMBERS OF THE COUNTY BOARD: Your Public Service Committee and Financial & Administrative Committee present herewith a resolution authorizing the Chairman of the County Board, the County Clerk and the County Engineer to execute a project specific agreement between the County of Lake and the Village of Buffalo Grove for the proposed improvement to the intersection of Busch Parkway (County Highway 11) and Deerfield Parkway (County Highway 11) and designated as Section 97- 00248- 00 -CH. I This resolution also appropriates $250,000.00 of Matching Tax Funds for this improvement. We RECOMMEND adoption of this Resolution. Resp -7 LL VOTE AYE 21, NAY 1 RESOLUTION WHEREAS, the free flow of traffic at the intersection of Busch Parkway (County Highway 11) and Deerfield Parkway (County IIighway 11) is beneficial to the safety and welfare of the County of Lake and the Village of Buffalo Grove; and WHEREAS, the County of Lake and the Village of Buffalo Grove believe that it would beneficial to the safety and welfare of the motoring public if the intersection of Busch Parkway and Deerfield Parkway could be improved by re- alignment, widening and resurfacing along with other highway drainage improvements; and WHEREAS, by prior resolution the County of Lake and the Village of Buffalo Grove have entered into an agreement with the State of Illinois to utilize Federal Highway Funds for the above proposed improvements; and WHEREAS, the County of Lake and the Village of Buffalo Grove are now desirous of entering into a project specific joint agreement for the above proposed improvement setting forth the terms and obligations to each agency. NOW, THEREFORE BE IT RESOLVED that the Chairman of the County Board, the County Clerk and the County Engineer of the County of Lake, State of Illinois, be authorized, and they are hereby directed, to execute an agreement between the County of Lake and the Village of Buffalo Grove pertaining to the financing of the above named improvement, providing in the opinion of the Public Service Committee, if necessary, said agreement in its final form substantially conforms to the draft attached hereto. The County Engineer shall transmit in writing the final agreement to be executed by the Chairman of the Lake County Board and the County Clerk. BE IT FURTHER RESOLVED that there is hereby appropriated $250,000.00 of Matching Tax Funds for this improvement designated as Section 97- 00248 -00 -CH BE IT FURTHER RESOLVED that copies of this agreement when executed in its final form will be forwarded to the Illinois Department of Transportation. Dated at Waukegan, Illinois this July 08, 1997 VIId.t1GE OF BUFFALO GROVE Fifty Flaupp Blvd. Buffalo Grove, IL 60089.2196 Fax 847 - 459 -0332 Janet M. Sirabian Village Clerk STATE OF ILLINOIS ) 847. 459 -2511 COUNTIES OF LAKE AND COOK ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting Village Clerk of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is a true copy of Resolution 97 -26 adopted on the 7th day of July , 19 97 , by the Village Board of the Village of Buffalo Grove as shown by the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at the Village, in the County and State aforesaid, this 8th day of July , 19 97. � �i �- r - By —_ Deputy Village Clerk RESOLUTION NO. 97- _6 A RESOLUTION APPROVING AN AGREEMENT WITH LAKE COUNTY RELATED TO THE BUSCH PARKWAY AND DEERFIELD PARKWAY INTERSECTION IMPROVEMENT 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; and, WHEREAS, the funding of construction and maintenance of a high quality transportation system is most appropriately shared by several agencies of Federal, State and Local Government; and, WHEREAS, a project agreement with the County of Lake is a required prerequisite for receiving Lake County funding for the Busch Parkway and Deerfield Parkway Intersection Improvement; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS as follows: Section I: The agreement entitled, "Buffalo Grove Transportation Agreement - Project Specific Joint Agreement for the Stage IV Improvement of Busch Parkway at Deerfield Parkway" 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: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 — None ABSENT: 1 — Hendricks PASSED: July 7 , 1997 APPROVED: July 7 , 1997 Approved: Village President Attest: age Clerk G: \PWDIRGRP \LHC \BUSCH\ 1031 RES. WPD