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2016-27 RESOLUTION NO. 2016 - 27 A RESOLUTION APPROVING THE SECOND AMENDMENT TO AN INTERGOVERNMENTALAGREEMENT 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. 2013-26 (A Resolution Approving an Intergovernmental Agreement with Cook County Highway Department Related to Lake Cook Road) and Resolution No. 2015-25 (A Resolution Approving the First Amendment to an Intergovernmental Agreement with Cook County Highway Department Related to Lake Cook Road) is indicated the Village's agreement to implement the Phase 11 Design of Lake Cook Road in the area between Hastings Lane and Raupp Boulevard; and, WHEREAS, the Village is agreeable to paying $112,556.00 for Original Phase II Engineering Design of Lake Cook Road in the area between Raupp Boulevard and Hastings Lane and this second amendment involves no additional cost to the Village for the Phase 11 Design Engineering for the Revised Scope of Project (10-27-16) as stated in Exhibit A t o t he Second Amendment. NOW, THEREFORE, BE IT RESOLVED byte Village President and Board of Trustees oft e Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1: Second Amendment tote 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 11 Engineering Design Study, is hereby approved ("Amendment"). The foregoing WHERAS clauses are hereby incorporated. Section 2.- The Village President and Village Clerk are authorized and directed to execute the Amendment. A copy of said Amendment is attached hereto and made a part hereof. AYES: 6 -0 Berman Trilling, Stein, ❑ttenheirner, Weidenfeld, Johnson NAYES: 0-None ABSENT: 0 -None PASSED: November 7, 2016. APPROVED November 7, 2016. APPROVED: (J&AYAA L, -Beverly-S-U-S-S-i'@-In-, Village !'resident ATTEST: Janet NW�Sirabian, Village Clerk SECOND AMENDMENT TO AGREEMENT THE COUNTY OF COOK LAKE COOK ROAD Raupp Boulevard to Hastings Lane VILLAGE OF BUFFALO GROVE Section: 13-A5015-02-EG This SECOND AMENDMENT to 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 in the State of Illinois.The COUNTY and the VILLAGE are sometimes individually referred to as "Party" and collectively referred to as the "Parties". IT ET Whereas, the VILLAGE executed an Agreement for Phase 11 design engineering services for improvements along Lake Cook Road from Raupp Boulevard to Hastings Lane (hereinafter called "PROJECT")on June 17, 2013 and an Amendment to said Agreement on August 11, 2015 and which the COUNTY executed same on July 17, 2013 and September 9, 2015, respectively, hereinafter collectively referred to as "AGREEMENT"; Whereas, the AGREEMENT specified the costs and obligations for Phase 11 design engineering services for the improvements, wherein the estimated cost to the COUNTY was amended as Three Million Six Hundred Thirty-Five Thousand Twenty Four Dollars ($3,635,024.00); and Whereas,the COUNTY has requested additional design engineering services related to the PROJECT which are not included in the original AGREEMENT.The additional engineering services shall include, but are not limited to: combining of two construction contract, preparation of additional plan sheets, plan revisions, sanitary sewer forcemain design and permitting, update of traffic signal plans to new Illinois Department of Transportation standards, re-inspect Buffalo Grove Road over Buffalo Creek, update bridge plans, project administration, and coordination; and Whereas, the VILLAGE intends to expand the scope of work in the consultant engineering agreement to include said additional Phase 11 design engineering services; and Whereas,the VILLAGE and COUNTY desire to amend the AGREEMENT to modify the cost estimate to account for the additional Phase 11 design engineering costs; and Whereas, the COUNTY's share of additional Phase 11 design engineering services shall be Two Hundred Nine Thousand Eight Hundred Fifty Dollars ($209,850.00); and Whereas, the total estimated cost to the COUNTY under the AGREEMENT for the PROJECT is now Three Million Eight Hundred Forty-Four Thousand Eight Hundred Seventy Four Dollars ($3,844,874.00); and Whereas, the COUNTY previously issued payments to the VILLAGE under the AGREEMENT and these additional payments shall reduce the COUNTY'S total payment obligation. Now, Therefore, in consideration of the promises and mutual undertakings herein set forth, the parties agree to amend the AGREEMENT as follows: SECOND AMENDMENT TO AGREEMENT Lake Cook Road Raupp Boulevard to Hastings Lane Section: 13-A5015-02-EG It is mutually agreed that the above Recitals are incorporated herein and made pa ere,.,f. 1. MODIFICATIONS TO AGREEMENT The following modification is made to SECTION 3. PROJECT FUNDS • Subsection 3.1 is amended to read as follows: 3.1 County's Share of the PROJECT.The County shall payforone hundred(100%)percent of the costs of the PROJECT, including Village of Wheeling and Lake County design elements, loss the costs for the Village Work as described in AGREEMENT Section 5.8. The County's total estimated cost for the PROJECT is Three Million Eight Hundred Forty-Four Thousand Eight Hundred Seventy Four Dollars ($3,844,874.00). The following exhibit provision is added to the AGREEMENT as follows: A Funding Breakdown is incorporated into this Amendment and attached hereto as Exhibit A. The Funding Breakdown is only an estimate and does not limit the financial obligations of the Parties as described herein. 11. EFFECT OF SECOND AMENDMENT This Second Amendment forms a part of and supplements the requirements of the AGREEMENT. All other provisions of the AGREEMENT not specifically addressed in this Second Amendment shall remain in effect and unaltered. This Second Amendment is subject to all terms and conditions applicable to the AGREEMENT except as expressly provided in this Second Amendment. The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Second Amendment. Ill. EFFECTIVE DATES OF AMENDMENT This Amendment shall be effective upon proper execution by authorized signatories of the Parties and shall continue in effect until the AGREEMENT expires or is terminated. The Funding Breakdown incorporated herein as Exhibit A is modified as follows: The Funding Breakdown incorporated herein as Exhibit A is amended to reflect the work items, respective cost shares and amended total costs as described herein. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 2 of 4 SECOND AMENDMENT TO AGREEMENT Lake Cook Road Raupp Boulevard to Hastings Lane Section: 13-A5015-02-EG EXHIBIT A Funding Breakdown ITEM TOTAL COST VILLAGE COUNTY COST COST Original Phase 11 Design Engineering Agreement(7-17-13) $3,747,580.00 $112,556.00 $3,635:024.00 and First Amendment Phase 11 Design Engineering (9-9-15) Phase 11 Design Engineering for Revised Scope of $209,850.00 $0 i $209,850.00 Project(10-27-16) TOTAL $3,957,430.00 $1112,556.00 $3,944,874-00 Page 3 of 4 SECOND AMENDMENT TO AGREEMENT Lake Cook Road Raupp Boulevard to Hastings Lane Section: 13-A5015-02-EG IN WITNESS WHEREOF,the COUNTY and VILLAGE have caused this Amendment to be executed:by their respective officials on the dates as shown. EXECUTED BY VILLAGE OF BUFFALO GROVE: Beverly Sus an Village President This-71" day of A.D. 2016. ATTEST:,- "Vifiage Clerk ( SEAL ) EXECUTED BY COUNTY: an-� Toni Preckwinkle President Cook County Board of Commissioners APPROVED BY THE BOARD OF This /9'gda 017 COOK COUNTY COMMISSIONERS ATTEST: Q� JAN 18 2017 County Clerk ( SEAL ) --------------------------------------------------------------------------------------------------------- ------------------------ RECOMMENDED BY: APPROVED AS TO FORM: Anita Alvar z State's Attorney By: J oOonan E. �'sistantgtale s Attorne y SLffierinten ent County of C k Department of Transportation and Highways H:\Transportation&Planning\Planning\AGREEMENTS\4-INTGOVT-REIMB-LOA\A5015-02-EG Buffalo Grove—Ph ll—AmendZdoc Page 4 of 4 1, 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 January 18, 2017, passed the following Resolution: 17-R- RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS RESOLVED, by the members of The Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to authorize and direct its President to execute, by original signature or authorized signature stamp, two (2) copies of a Second Amendment to Agreement with the Village of Buffalo Grove, said Amendment attached,wherein the Village is Lead Agency for Phase 11 design engineering along Lake Cook Road and said Agreement is amended to increase the County's participatory share of costs for the Phase 11 design engineering, not to exceed $3,844,874.00 (originally estimated as$3,635,024.00); and, Cook County is to reimburse the Village of Buffalo Grove for said costs as part of the Phase 11 design engineering along Lake Cook Road from Raupp Boulevard to Hastings Lane, Section: 13-A5015-02-EG; and, the Department of Transportation and Highways is directed to take the necessary actions called for under the terms of the Amendment and is further directed to return one executed copy of said Amendment with this Resolution attached to the Village of Buffalo Grove to evidence the formal Agreement hereby resulting, and be bound by the terms thereof on behalf of the County. All of which appears from the records and files of my office. APPROVED By 1HL-'BOARD 0F IN WITNESS WHEREOF I have hereunto set C a M MIS�i ONER 19 COOK CNN TY my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County, JAN 18 this 18 th day of January A.D. 2017. (SEAL) County Clerk HATransportation&Planning\Planning\AGREEMENTS\4-INTGOVT-REIMB-LOA\Resolutions\ResA5015-02-EG Buffalo Grove Phll—Amend2.doc