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
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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
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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
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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.
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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. The Provisions of THIS AGREEMENT and the TRANSPORTATION AGREEMENT shall
control.
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MITE OF CALCULATION
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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