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2017-28RESOLUTION NO.2017 - 28 A RESOLUTION APPROVING THE THIRD AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY RELATED TO PHASE II ENGINEERING DESIGN 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), Resolution No. 2015-25 (A Resolution Approving the First Amendment to an Intergovernmental Agreement with Cook County Highway Department Related to Lake Cook Road), and Resolution No. 2016-27 (A Resolution Approving the Second Amendment to an Intergovernmental Agreement with Cook County Highway Department Related to Lake Cook Road), which indicated the Village's agreement to implement the Phase II Design of Lake Cook Road in the area between Hastings Lane and Raupp Boulevard; and, WHEREAS, the Village has previously paid $112,556.00 for the Phase II Engineering Design of Lake Cook Road in the area between Raupp Boulevard and Hastings Lane and this Third Amendment involves no additional cost to the Village for 1 the Phase II Design Engineering for the Revised Scope of Project as stated in Exhibit A to the Third Amendment. 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: Third Amendment to 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 ("Third Amendment"). The foregoing WHEREAS clauses are hereby incorporated. Section 2: The Village President and Village Clerk are authorized and directed to execute the Third Amendment. A copy of said Third Amendment is attached hereto and made a part hereof. AYES: 6 — Berman, Stein. Ottenheimer, Weidenfeld, Johnson, Smith NAPES: 0 - None ABSENT: 0 - None PASSED: November 6, 2017. APPROVED: November 6.2017. Beverly Su an, Village President ATTEST: m Janet. Sirabian, Village Clerk, - -- Pa THIRD 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 THIRD 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". WITNESSETH Whereas, the VILLAGE executed an Agreement for Phase II design engineering services for improvements along Lake Cook Road from Raupp Boulevard to Hastings Lane (hereinafter called "PROJECT") on June 17, 2013, First Amendment to said Agreement on August 11, 2015 and Second Amendment to said Agreement on November 7, 2016 and which the COUNTY executed same on July 17, 2013, September 9, 2015 and January 18, 2017, respectively, hereinafter collectively referred to as "AGREEMENT"; Whereas, the AGREEMENT specified the costs and obligations for Phase II design engineering services for the improvements, wherein the estimated cost to the COUNTY was amended as Three Million Eight Hundred Forty -Four Thousand Eight Hundred Seventy -Four Dollars ($3,844,874.00); 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: extension of temporary easements, additional title insurance fees, revisions to Weiland Road plans and additional utility coordination; and Whereas, the VILLAGE intends to expand the scope of work in the consultant engineering agreement to include said additional Phase II 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 II design engineering costs; and Whereas, the COUNTY's share of additional Phase 11 design engineering services shall be One Hundred Thirty -Nine Thousand Three Hundred Three Dollars ($139,303.00); and Whereas, the total estimated cost to the COUNTY under the AGREEMENT for the PROJECT is now Three Million Nine Hundred Eighty -Four Thousand One Hundred Seventy Seven Dollars ($3,984,177.00); 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: THIRD AMENDMENT TO AGREEMENT Lake Cook Road Raupp Boulevard to Hastings Lane Section: 13-A5015-02-E G It is mutually agreed that the above Recitals are incorporated herein and made part hereof. I. MODIFICATIONS TO AGREEMENT The followinq 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 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 AGREEMENT Section 5.8. The County's total estimated cost for the PROJECT is Three Million Nine Hundred Eighty -Four Thousand One Hundred Seventy Seven Dollars ($3,984,177.00). 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. II. EFFECT OF THIRD AMENDMENT This Third Amendment forms a part of and supplements the requirements of the AGREEMENT. All other provisions of the AGREEMENT not specifically addressed in this Third Amendment shall remain in effect and unaltered. This Third Amendment is subject to all terms and conditions applicable to the AGREEMENT except as expressly provided in this Third Amendment. The COUNTY and VILLAGE agree that their respective successors and assigns shall be bound by the terms of this Third Amendment. III. 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 by Parties in writing. The Fundinq Breakdown incorporated herein as Exhibit A is modified as follows: The Funding Breakdown incorporated herein as Exhibit A is amended to reflectthe work items, respective cost shares and amended total costs as described herein. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 2of4 THIRD AMENDMENT TO AGREEMENT Lake Cook Road Raupp Boulevard to Hastings Lane Section: 13-A5015-02- E G EXHIBIT A Funding Breakdown ITEM TOTAL VILLAGE COUNTY COST COST COST Original Phase II Design Engineering Agreement (7-17-13), $3,957,430.00 $112,556.00 $3,844.874.00 First Amendment (9-9-15) and Second Amendment (1-18-17) Phase II Design Engineering for Revised Scope of $139,303.00 $0 $139,303.00 Project (10-17-17) TOTAL $4,096,733.00 $112,556.00 $3,984,177.00 Page 3 of 4 THIRD AMENDMENT TOAGREEMENT Lake Cook Road Raupp Boulevard toHastings Lane Section: 13f5010'02'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 GROV Beverly Sussm6h Village President Thio/+�! day Q.2O17. ATTESTVuz Wage Clerk (SEAL) EXECUTED BY COUNTY: Toni Preokvvnkka President Cook County Board of Commissioners This 17 (GEAL) RECOMMENDED BY: CounbyofCook Department ofTransportation and Highways 8YP|EBOARD OP GOOK t"OUNIT11 APPROVED AS TO FORM: Kimberly xx, State's Attorney 72zzz *xrmos»onaoo & o-0u-EGBuffalo Grove -Ph |LAmandoduu