Loading...
2018-16RESOLUTION NO.2018 -16 A RESOLUTION AMENDING THE INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK AND THE VILLAGE OF BUFFALO GROVE RELATED TO THE PHASE III CONSTRUCTION OF LAKE COOK ROAD BETWEEN RAUPP-BOULEVARD AND HASTINGS LANE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the quality of life is enhanced by a high quality arterial street transportation system which operates efficiently and which does not experience extreme congestion so as to induce motorists to "cut through" neighborhood streets in order to reduce travel times; and, WHEREAS, the Village Board previously approved Resolution No. 2008-28 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to Lake Cook Road), and Resolution 2013-26 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to Lake Cook Road), and Resolution 2017-14 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to the Phase III Construction of Lake Cook Road) and which indicated the Village's agreement to implement the Phase I Study, the Phase II Design, and the Phase III Construction of Lake Cook Road; and, WHEREAS, with this Amendment, the Village is agreeable to paying $2,139,973.00 for the Phase III Construction of Lake Cook Road in the area between Raupp Boulevard and Hastings Lane. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1_: The Agreement entitled "Intergovernmental Agreement Amendment" between the County of Cook and the Village of Buffalo Grove related to the Lake Cook Road (Raupp Boulevard to Hastings Lane) Phase III Construction, is hereby approved. The foregoing WHERAS clauses are hereby incorporated. Section 2: The Village President and Village Clerk are authorized and directed to execute the Agreement. A copy of said Agreement is attached hereto and made a part hereof. AYES: 6 — Berman, Stein Ottenheimer Weidenfeld Johnson. Smith NAYES: 0 — None ABSENT: 0 - None PASSED: August 20, 2018 APPROVED: August 20, 2018 APPROVED: 6Z4- - . - � 'ZjAj-*%A' a! A, .'� Beverly Suss , Village Preside; ATTEST: Janet W Sirabian, Village Clerk INTERGOVERMENTAL AGREEMENT AMENDMENT THE COUNTY OF COOK LAKE COOK ROAD Raupp Boulevard to Hastings Lane THE VILLAGE OF BUFFALO GROVE Section: 14-A5015-03-RP And 14-A5015-04-RP This Intergovernmental Agreement Amendment ("AMENDMENT") is entered into this -day of 2018, by and between the County of Cook, a body politic and corporate of the State of III nois, acting by and through its Department of Transportation and Highways, (hereinafter called the "COUNTY"), and the Village of Buffalo Grove, (hereinafter called the 'VILLAGE"), a municipal corporation of the State of Illinois, individually referred to as "PARTY," and collectively to as "PARTIES." RECITALS WHEREAS, the COUNTY and the VILLAGE entered into an Intergovernmental Agreement ("AGREEMENT") on June 28, 2017 to establish the responsibilities and costs associated with improvements along Lake Cook Road from Raupp Boulevard to Hastings Lane (herein referred to as the "Project"), (incorporated herein as "EXHIBIT B"); and WHEREAS, the PARTIES wish to amend certain financial provisions in the AGREEMENT as revision to scope was identified based on current cost estimate and revision to STP funds for lighting was identified; and WHEREAS, a cooperative AMENDMENT is appropriate and such an AMENDMENT is authorized under Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows: AGREEMENT A. All provisions contained in the original AGREEMENT that are not in conflict with this AMENDMENT shall remain in full force and effect. B. Section 3. Project Funds of the AGREEMENT is hereby stricken and replaced with the following: 3.1 Federal Funds. Federal Funding in the amount of Nine Million Eight Hundred Fifteen Thousand Dollars ($9,815,000.00) of STP funds, and Twelve Million Two Hundred Seventy -Two Thousand Dollars ($12,272,000.00) of CMAQ funds, totaling a maximum amount of Twenty -Two Million Eight -Seven Thousand Dollars ($22,087,000.00), will be applied toward the construction costs of the Project. 3.2 COUNTY's Share of the Project. The COUNTY's share of the Project shall be equal to the actual cost of the Project less the Federal and VILLAGE shares of Project. The COUNTY's total cost is estimated as Twenty -Nine Million Four Hundred Ninety -Eight Thousand Nine Hundred Ninety -Three Dollars ($29,498,993.00). INTERGOVERNMENTAL AGREMENT AMENDMENT LAKE COOK, ROAD Sections: 14-A5015-03 -RP 14-A5015-04-RP 3.3 VILLAGE's Share of the Project. The VILLAGE's share of the Project shall be equal to the actual cost of the Village Work less the Federal and COUNTY shares of funds allocated to said items. The VILLAGE's total cost is estimated as Two Million One Hundred Thirty -Nine Thousand Nine Hundred Seventy -Three Dollars ($2,139,973.00). 3.4 Cost Estimates. A Revised Funding Breakdown for the Village Work is incorporated into this AMENDMENT and the AGREEMENT and is attached hereto as REVISED EXHIBIT A. The Revised Funding Breakdown is only an estimate and does not limit the financial obligations of the PARTIES as described in Section 3.2 and 3.3 above. C. Section 4.9 of the AGREEMENT is hereby stricken and replaced with the following: 4.9 Relocation of Utilities. The COUNTY shall be responsible for the following costs associated with the relocation of the following utilities: 4.9.1 One hundred percent (100%) of the cost of the sanitary sewer forcemain and watermain at Bank of America (southwest corner of Lake Cook Road and IL Route 83). 4.9.2 One hundred percent (100%) of the cost of the sanitary sewer mainline at north side of Lake Cook Road, east of Weiland Road. 4.9.3 Eight Thousand Six Hundred Forty -Five Dollars ($8,645.00) of the sanitary sewer forcemain service at Lou Malnatis (southeast corner of Lake Cook Road and Buffalo Grove Road) and all costs in excess of one hundred fifteen percent (115%) of the engineer's estimate for the forcemain work. D. Subsections 5.9, 5.10 and 5.12 of the AGREEMENT is hereby stricken and replaced with the following: 5.9 Payment to the COUNTY. The costs that the VILLAGE are obligated to pay as described in Section 3 Project Funds shall be paid in three (3) installments as follows: 5.9.1 The first installment in the amount of Seven Hundred Twenty -Five Thousand Dollars ($725,000.00) shall be invoiced by the COUNTY within ninety (90) days following the contract award, but not before January 1, 2019 and the VILLAGE shall pay the COUNTY within thirty (30) days after receipt of the invoice from the COUNTY. 5.9.2 The second installment in the amount of Seven Hundred Twenty -Five Thousand Dollars ($725,000.00) shall be invoiced by the COUNTY as of January 1, 2020 and the VILLAGE shall pay the COUNTY within thirty (30) days after receipt of the invoice from the COUNTY. 5.9.3 The third installment, the remaining balance of the VILLAGE's obligations, based upon the actual quantities used and the contract unit prices as awarded, shall be invoiced upon completion of Final Inspection, but not before January 1, 2021 and the VILLAGE shall pay the COUNTY within thirty (30) days after receipt of the invoice from the COUNTY. Page 2 of 5 INTERGOVERNMENTAL AGREMENT AMENDMENT LAKE COOK ROAD Sections: 14-A5015-03-RP 14-A5015-04-RP 5.10 Street Lighting Systems. The VILLAGE shall pay 20% of the costs associated with the installation of the Street Lighting systems on Weiland Road from north of Woodstone Drive to Lake Cook Road; on Lake Cook Road from Raupp Boulevard to Weiland Road; on the north side of Lake Cook Road from 1,400 feet west of Lexington Drive to east of Lexington Drive, excluding the lighting controller; on Buffalo Grove Road from approximately 400 feet north of Lake Cook Road to Lake Cook. Road; on the southwest side of Buffalo Grove Road from Lake Cook Road to approximately 500 feet south of St. Mary's Parkway; and on the northeast side of Buffalo Grove Road from Lake Cook Road to 500 feet south of Lake Cook Road. 5.12 Relocation of Utilities. The VILLAGE shall be responsible for the following costs associated with the relocation of the following utilities: 5.12.1 One hundred percent (100%) of the cost of the sanitary sewer forcemain service at Shell Gas Station (northwest corner of Lake Cook Road and IL Route 83). 5.12.2 One hundred percent (100%) of the cost of the fire hydrant and 6" main at Northwest Community Hospital (south side of Lake Cook Road between IL Route 83 and Weiland Road). 5.12.3 One hundred percent (100%) of the estimated cost of the water service at Lou Malnatis (southeast corner of Lake Cook Road and Buffalo Grove Road). 5.12.4 Maximum of one hundred fifteen percent (115%) of the estimated cost minus Eight Thousand Six Hundred Forty -Five Dollars ($8,645.00) of the sanitary sewer forcemain service and one hundred percent (100%) of the water service at Lou Malnatis (southeast corner of Lake Cook Road and Buffalo Grove Road). E. In the event there is a conflict between the terms contained in this document and the attached EXHIBITS, the terms included in this document shall control. F. This AMENDMENT shall become effective upon proper execution by authorized signatories of the PARTIES and shall remain in effect until the AGREEMENT expires or is terminated by both PARTIES in writing. G. This AMENDMENT may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. H. This AMENDMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their respective successors and assigns. I. The introductory recitals included at the beginning of this AMENDMENT are agreed to and incorporated into this AMENDMENT. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 3 of 5 INTERGOVERNNIENTAL A(il�f7-N4EN't'AMENI)N4FIN7" LAKE COOK ROAD Sectiorm W-A5015-03-RP 14-A5015-04-RP 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 COUNTY: Toni Preckwinklle President Cook County Board of Commissioners EXECUTED BY THE VILLAGE OF BUFFALO GROVE: ...:ever Sus n r y Village Preside t I Th is day of__,,_F _.,-A.D. 2018. This dd'-d'ay of,&� ...- — XD,20'18. ro ATTEST:—, ATTEST: ZourutyC I er'- k- Village Clerk APPROVED BYWEBOAR0 C)r (SEAL) 000K (SEAL) --------------------- __ --------------------------- RECOMMENDED BY: do n-Yon an . .... _.. &E., Superintende t— County of Cook Department of Transportation and Highways APPROVED AS, TO C. Kimberly,WFoxx, State's Attorney mzim� I, DAVID D. ORR, County Clerk of Cook County, in the, State of Illinois aforesaid and keeper of the records and files of said Cook County, do hereby certify that The Board of Commissioners of The County of Cook, at their regular meeting held on September 26, 2018, passed the following Resolution: 18-R- RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE 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 an Intergovernmental Agreement Amendment with the Village of Buffalo Grove, said Amendment attached, wherein the County is Lead Agency for construction improvements along Lake Cook Road from RaUpp Boulevard to Hastings Lane and said Agreement is amended to revise the Village's participatory share of costs for the construction, not to exceed $2,139,973.00 (originally estimated as $2,175,581.00t ); and, Village of Buffalo Grove is to reimburse the Cook County for said construction costs, Sections: 14-A5015-03-RP and 14-A5015-04-RP; 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. AR!"ROVED BY`� � E BOARD OF" (300K COWIfY IN WITNESS WHEREOF I have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County, this 26 1h day of September A.D. 2018. (SEAL) County Clerk HATransportation & Pnannwng\Planning`AGREEMEN'TS\4-YN-'FGO\/7"-REIMB-L.OA\ResoluCions\Res A5015-03-RP LCR—Buffab Grove—Amendl doc INTERGOVERNMENTAL AGREMENT AMENDMENT LADE COOK ROAD Sections: 14-A5015-03-RP 14-A5015-04-RP REVISED EXHIBIT A Funding Breakdown for Village Work ITEM TOTAL ESTIMATED FEDERAL VILLAGE COUNTY COST SHARE SHARE SHARE Noise wall Staining $78,276.00.00 $0 $78,276.00 $0 Street Lighting $1,849,158.00 $1,197,900.00 $369,832.00 $281,426.00 EVPD Systems $52,804.00 $0 $52,804.00 $0 Landscaping $75,765.00 $0 $75,765.00 $0 Electrical outlets in landscaped $33,745.00 $0 $33,745.00 $0 medians Storm Sewer System Upsizin $44,594.00 $0 $44,594.00 $0 Utilities (water main, sanitary sewer) $1,493,602.00 $0 $1,484,957.00 $8,645.00 TOTAL $3,627,944.00 $1,197,900.00 $2,139,973.00 $290,071.00 Page 5 of 5 EXHIBIT B INTERGOVERNMENTAL AGREEMENT THE COUNTY OF COOK LAKE COOK ROAD Raupp Boulevard to Hastings Lane VILLAGE OF BUFFALO GROVE Section: 14-A5015-03-RP and 14-A5015-04-RP This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the County of Cook (the "County"), a body politic and corporate of the State of Illinois, and the Village of Buffalo Grove (the "Village"), a municipal corporation of the State of Illinois. The County and the Village are sometimes individually referred to as "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the Constitution of the State of Illinois, I970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the County by virtue of its powers as set forth in the Counties Code, 55 ILCS 5/I-I et seq., and the Illinois Highway Code, 605 ILCS 511-101 et seq., is authorized to enter into this Agreement; and WHEREAS, the Village by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1 -1 et seq., is authorized to enter into this Agreement; and WHEREAS, the County and the Village are units of local government under the Illinois Constitution and have the constitutional and statutory authority to enter into this Agreement; and WHEREAS, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, the County and the Village wish to make improvements to Lake Cook Road from Raupp Boulevard to Hastings Lane, and WHEREAS, the improvements shall include Portland cement concrete pavement construction including, but not limited to, pavement removal, concrete curb and gutter removal and replacement, storm sewer installation, traffic signal installation, signing, traffic protection, pavement marking, landscaping and other necessary highway appurtenances (hereinaft, ca;' -c "Project" and designated as Cook County Section: 14-A5015-03-RP and 14-A5015-04-RP); and WHEREAS, the Village has requested that the County inc:Ae in its Project the installation of noise wall staining, street lighting installation, installation of Emergency Vehicle Pre-emptive Device (EVPD) systems, landscaping, upsizing the storm sewer systet. m,. line on Buffalo Grove Road and installation of water main (the "Village Work"), and INTERGOVERNMENTAL AGREEMENT Lake Cook Road — Raupp Boulevard to Hastings Lane Sections: 14 -A5015 -03-RP 14•A5015-04-RP WHEREAS, the Village has secured Federal funding for the Village Work, and without said funding the Village Work could not be completed; and WHEREAS, in consideration for the inclusion of the Village Work, the Village agrees to assume certain maintenance responsibilities upon completion of the Project by the County; and WHEREAS, the County and the Village, by this instrument, desire to memorialize their respective obligations and responsibilities toward construction and funding of the Project, as well as future maintenance responsibilities upon completion of the Project; and NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS The above recitals are incorporated into this Agreement as if fully set forth herein. SECTION 2, TERM AND TERMINATION This Agreement between the County and the Village shall not become effective unless authorized and executed by the Cook County Board of Commissioners and an authorized representative of the Village. This Agreement is a legal, valid and binding agreement, enforceable against the Village and the County, in accordance with its terms. This Agreement shall terminate upon completion of the Project. Notwithstanding the foregoing, the Parties hereto agree that the provisions of Sections 4.8 Post -Project Maintenance, 5.8 Post -Project Maintenance and 5,9 Payment to the County herein shall survive termination of this Agreement, unless expressly terminated by the Parties in a writing signed by both Parties. SECTION 3, PROJECT FUNDS 3.1 Federal Funds. Federal Funding in the amount of Ten Million Four Hundred Twenty Thousand Dollars ($10,420,000.00) of STP funds, and Twelve Million Two Hundred Seventy - Two Thousand Dollars (S12,272,000,00) of CMAQ funds, totaling a maximum amount of Twenty -Two Million Six Hundred Ninety -Two Thousand Dollars (S22,692,000.00), will be applied toward the construction costs of the Project. 3.2 County's Share of the Proiect. The County's share of the Project shall be equal to the actual cost of the Project less the Federal and Village shares of Project. The County's total cost is estimated as Twenty -Eight Million Nine Hundred Ninety -Seven Thousand Five Hundred Four Dollars ($28,997,504.00). 3.3 Village's Share of the Project. The Village's share of the Project shall be equal to the actual cost of the Village Work less the Federal and County shares of funds allocated to said items. fhe Village's total cost is estimated as Two Million One Hundred Seventy -Five Thousand Five Hundred Eighty -One Dollars ($2,175,581.00). 3.4 Cost Estimates. A Funding Bret,kdown for the Village Work is incorporated and attached hereto as Exhibit A. The Funding Brea'uown is only an estimate and does not limit the financial obligations of the Parties as described in Sections 3.2 and 3.3 above. Page 2 of 11 INTERGOVERNMENTAL AGREEMENT Lake Cook Road — Raupp Boulevard to Hastings Lane Sections: 14-A5015-03-RP 14-A5015-04-RP SECTION 4. COUNTY'S RESPONSIBILITIES 4.1 Construction. The County shall advertise and receive bids, award the contract, and cause the Project to be built in accordance with the approved plans and specifications. 4.2 County as Lead Agent; Appropriation of Funds. The County shall finance the construction and construction engineering and act as Lead Agent for the Project. 4.3 Coordination with the Village. The County shall allow the Village to obscrve all Village Work construction, address concerns expressed by the Village regarding said construction, and allow the Village to participate in the Final Inspection of said Village Work. 4.4 EVPD Systems. 4.4.1 The County shall install a new EVPD system on the Traffic Signal along Lake Cook Road at Buffalo Grove Road, at the Village's sole expense. 4.4.2 The County shall install a new EVPD system on the Traffic Signal along Lake Cook Road at IL Route 83 (McHenry Road), at the Village's sole expense. 4.4.3 The County shall install new EVPD system on the Traffic Signal along Lake Cook Road at Weiland Road, at the Village's sole expense. 4.4.4 The County shall install new EVPD system on the Traffic Signal along Lake Cook (toad at Lexington Drive, at the Village's sole expense. 4.4.5 The County shall install new EVPD system on the Traffic Signal along IL Route 83 (McHenry Road) at Buffalo Grove Town Center, at the Village's sole expense. 4.5 Luminaire, The County shall install Luminaires on combination traffic signal mast arm, at the County's sole expense. 4.6 Traffic Signals, 4.6.1 The County shall install a new Traffic Signal system and associated appurtenances along Buffalo Grove Road at Weiland Road, at the County's sole expense. 4.6.2 The County shall install a new Traffic Signal system and associated appurtenances along Lake Cook Road at Lexington Drive, at the County's sole expense. 4.6.3 The County shall install a new Traffic Signal system and associated appurtenances along IL Route 83 (McHenry Road) at Buffalo Grove Town Center, at the County's sole expense. 4.7 Notification of Final_ Inspection. The County shall provide the Village fourteen (14) working days' advance notice of the Final Inspection. Page 3ofIt INTERGOVERNM NTAL AGREEMENT Lakc Cook Road — Raupp Boulevard to Hastings Lane Sections- l 4-A5015-03-RP 14•ASOI S-04-RP 4.8 Post -Project Maintenance. 4.8.1 The County shall own, operate and maintain the structural elements of noise wal Is. 4.8.2 The County shall monitor the operational status of the EVPD systems along Lake Cook Road at Buffalo Grove Road, Lake Cook Road at IL Route 83 (McHenry Road), Lake Cook Road at Weiland Road and Lake Cook Road at Lexington Drive through its Electrical Maintenance Contractor, who will inform the Village of any equipment requiring repair. 4.8.3 The County shall maintain the Luminaires installed on combination traffic signal mast arms. 4.8.4 The County shall own, operate and maintain the traffic signals along Buffalo Grove Road at Weiland Road and Lake Cook Road at Lexington Drive, cause them to be maintained and energized, and be responsible for all settings and timings upon completion of the traffic signal systems. 4.9 Relocation of Utilities. The County shall be responsible for one hundred percent (100%) of the costs for relocation of the following utilities. 4.9.1 Sanitary sewer forcemain and waterrnain at Bank of America (southwest comer of Lake Cook Road and IL Route 83). 4.9.2 Sanitary sewer mainline at north side of Lake Cook Road, east of Weiland Road. SECTION 5. VILLAGE'S OBLIGATIONS 5.1 Time of the Essence. The obligations of the Village as set forth in this Section 5 shall be performed in a timely manner such that it will not result in a delay of the Project timetable as determined by the County. 5.2 Design Plans and S ecification$, The Village shall supply the County with final design plans, specifications and contract documents for bidding purposes. Said information shall be provided to the County no later than sixty (60) calendar days prior to the bid date as determined by the County. 5.3 Permits and Associated Fees. The Village shall secure any necessary regulatory permits and pay their associaled fees for the Village Work utilities installation and/or adjustments included in the Project and Village Work. 5.4 Public Notification of Project. The Village shall coordinate and control public notification of Project scope, timing and duration through its municipal newsletter, website, etc. Page 4 of i I INTERGOVERNMENTAL AGREEMENT Lake Cuok Road — Raupp Boulevard to Hastings Lane Sections; 14-A5015-03-RP 14-A5015-04-RP 5.5 Village Owned Rig=ht-of Way. The Village shall allow the County access to any Village owned right-of-way or utility easements for the purposes of constructing the Village Work. Additionally, the Village shall be responsible for the acquisition of any additional right-of-way or utility easements necessary for construction of the Village Work, as shown on the Village plans and included as part of the Project, and be responsible for all costs associated with said right-of-way or utility easement acquisition. 5.6 Coordination with the Count . The Village shall assign a representative to coordinate and monitor the Village Work under construction and bring to the attention of the County's Resident Engineer any matters of concern with respect to same; and, said representative shall participate in the existing water main valve shutdown, new valve opening, water main pressure testing and chlorination certification of water main work. 5.7 Final Inspection. The Parties shall be present and participate in the Final Inspection, and the scheduling of such Final Inspection shall be solely at the discretion of the County. The Village shall not cause a condition that would unreasonably delay the Final Inspection. The Village shall submit final punch list items within seven (7) working days prior to the Final Inspection date as determined by the County. 5.8 Post -Project Maintenance. Following acceptance of the Village Work by the Village after a Final Inspection conducted jointly with the County, the Village shall: 5.8.1 Maintain Village aesthetics of the front and back sides of the noise walls and panels, including wall staining and graffiti removal on the north side of Lake Cook Road. 5.8.2 Own, operate and maintain Village street lights and infrastructure that were installed/improved as part of the Project, and be responsible for the cost of electrical energy supply for street lighting. This shall include the street lighting systems on Weiland Road from: north of Woodstone Drive to Lake Cook Road; on Lake Cook Road from Raupp Boulevard to Weiland Road; on the north side of Lake Cook Road from 1,400 feet west of Lexington Drive to east of Lexington Drive, excluding the lighting controller; on Buffalo Grove Road from approximately 400 feet north of Lake Cook Road to bake Cook Road; on the southwest side of Buffalo Grove Road from Lake Cook Road to approximately 500 feet south of St. Mary's Parkway; and on the northeast side of Buffalo Grove Road from Lake Cook Road to 500 feet south of Lake Cook Road. 5.8.3 Be responsible for future maintenance of the bikepath and sidewalk within the Village's jurisdiction. 5.8.4 Own, operate and maintain the sanitary sewer mainline that was relocated/improved as part of the Project. 5.8.5 Own, operate and maintain the Village storm sewer system that was instal ledlimproved as part of the Project. 5.8.6 Own, operate and maintain the water main that was relocated/improved as part of the Project. Page 5ofIt INTERGOVERNMENTAL AGREEMENT Lake Cook Road — Raupp Boulevard to Hastings Lane Sections: 14-A5015.03-RP 14-A5015-04-RP 5.8.7 Be responsible for one hundred percent (100%) of the maintenance costs of the EVPD systems along Lake Cook Road at Buffalo Grove Road, Lake Cook Road at IL Route 83 (McHenry Road), Lake Cook Road at Weiland. Road, Lake Cook Road at Lexington Drive, and IL Route 83 (McHenry Road) at Buffalo Grove Town Center. 5.8.8 Enter into an agreement with and use the County's Electrical Maintenance Contractor for repair and/or replacement of parts for the EVPD systems, and pay said contractor directly for repair/replacement costs as they occur. 5.8.9 By execution of this Agreement, the Village acknowledges that it shall not have access to or on the County's traffic signals. 5.8.10 Maintain the landscaped medians along Weiland Road north of Lake Cook Road and on Lake Cook Road west of Weiland Road within its municipal limits, including mowing, watering, replacement of dead or diseased plants, removal or pruning of plants including trees and upkeep of the medians in a sightly and litter -free condition. The Village acknowledges that if, at some later date, they desire to enhance the medians with additional trees, plantings, irrigation system, etc., a separate County Department of Transportation and Highways permit will be required for said enhancement(s). 5.8.11 Own, operate and maintain electrical outlets in the landscaped medians within its municipal limits. 5.8.12 Pay the County twenty-five percent (25%) of the maintenance charges for the traffic signals along Buffalo Grove Road at Weiland Road and Lake Cook Road at Lexington Drive, within thirty (30) days of the County's quarterly statement. 5.8.13 Pay twenty-five percent (25%) of the electrical charges directly to Commonwealth Edison Company in accordance with a service contract to be entered into with that company for the traffic signals along Buffalo Grove Road at Weiland Road and Lake Cook Road at Lexington Drive. 5.8.14 Maintain the retaining wall at the northwest corner of Lake Cook Road at Weiland Road. 5.9 Payment to the County. The costs that the Village are obligated to pay as described in Section 3 Project Funds shall be paid in three (3) installments as follows: 5.9.1 The first installment in the amount of Seven Hundred Twenty -Five Thousand Dollars ($725,000.00) shall be invoiced by the County within ninety (90) days following the contract award, but not before January 1, 2018 and the Village shall pay the County within thirty (30) days after receipt of the invoice from the County. 5.9.2 The second installment in the amount of Seven Hundred Twenty -Five Thousand Dollars (S725,000,00) shall be invoiced by the County as of January 1, 2019 and the Village shall pay the County within thirty (30) days after receipt of the invoice from the County. Page 6 of I 1 INTERCOVERNMENTAL AGREEMENT Lake Cook Road -- Raupp Boulcvard to Hastings lane Sections: 14-AS015-03-RP 14-A5015-04-RP 5.9.3 The third installment, the remaining balance of the Village's obligations, based upon the actual quantities used and the contract unit prices as awarded, shall be invoiced upon completion of Final Inspection, but not before January I, 2020 and the Village shall pay the County within thirty (30) days after receipt of the invoice from the County. 5.9.4 Payments to the County shall be by check payable to the Treasurer of Cook County, for deposit into the County's Motor Fuel Tax Fund (600-585 Account). The check shall be mailed to the Superintendent, Cook County Department of Transportation and Highways. 5.10 Street LiAting Systems. The Village shall pay all the costs associated with the installation of the Street Lighting systems on Weiland Road from north of Woodstone Drive to Lake Cook Road; on Lake Cook Road from Raupp Boulevard to Weiland Road; on the north side of Lake Cook Road from 1,400 feet west of Lexington Drive to east of Lexington Drive, excluding the lighting controller; on Buffalo Grove Road from approximately 400 feet north of Lake Cook Road to Lake Cook Road; on the southwest side of Buffalo Grove Road from Lake Cook Road to approximately 500 feet south of St. Mary's Parkway; and on the northeast side of Buffalo Grove Road from Lake Cook Road to 500 feet south of Lake Cook Road. 5.11 Village Infrastructure. The Village shall pay for one hundred percent (100%) of the costs for any Village infrastructure improved/installed as part of the Project, including design engineering, construction and construction engineering; said items include, but are not limited to, storm sewer, sanitary sewer, water main, etc,, except where specifically noted otherwise in this agreement. The construction engineering cost associated with the Village work shall be ten percent (10%) of the bid price, and this cost is included in the estimated costs in Exhibit A. 5.12 Relocation of Utilities. The Village shall be responsible for one hundred percent (100%) of the cost for relocation of the following utilities,. 5.12.1 Sanitary sewer forcemain service at Shell Gas Station (northwest corner of Lake Cook Road and IL Route 83). 5.12.2 Fire hydrant and 6" main at Northwest Community Hospital (south side of Lake Cook Road between IL Route 83 and Weiland Road). 5.12.3 Sanitary sewer forcemain service and water service at Lou Walnatis (southeast comer of Lake Cook Road and Buffalo Grove Road), 5.13 Staining of the Noisewall. The Village shall be responsible for the cost of the staining of both sides of the noisewall on the north side of Lake Cook Road, 5.14 Landscaped Median and Electrical Outlets. The Village shall be responsible for the cost of the landscaped median and electrical outlets. Page 7 of I 1 INTERGOVERNMENTAL AGREEMENT Lakc Cook Road — Raupp Boulevard to Hastings Lanc Sections: t 4-A5015-03-RP 14-A5015-04-RP SECTION 6. GENERAL PROVISIONS 6.1 Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois, without regard to conflict -of -law principles. Any claim, suit, action, or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County and each Party hereby irrevocably consents to the personal and subject matter jurisdiction of such court and waives any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions, or proceedings. 6.2 Default, The Village shall be in default hereunder in the event of a material breach by the Village of any term or condition of this Agreement including, but not limited to, a representation or warranty, where the Village has failed to cure such breach within thirty (30) days after written notice of the breach is given to Village by the County, setting forth the nature of such breach. Failure of County to give written notice of breach to the Village shall not be deemed to be a waiver of the County's right to assert such breach at a later time, Upon default by the Village, the County shall be entitled to exercise all available remedies at law or in equity, including but not limited to termination of this Agreement upon thirty (30) days' written notice to the Village. The County shall be in default hereunder in the event of a material breach by the County of any term or condition of this Agreement including, but not limited to, a representation or warranty, where the County has failed to cure such breach within thirty (30) days after written notice of the breach is given to the County by the Village, setting forth the nature of such breach. Failure of Village to give written notice of breach to the County shall not be deemed to be a waiver of the Village's right to assert such breach at a later time. Upon default by the County, the Village shall be entitled to exercise all available remedies at law or in equity, including but not limited to termination of this Agreement upon thirty (30) days' written notice to the County. 6.3 Modification, This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties; provided, however, the Parties agree that provisions required to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted whether or not they appear in this Agreement and that in no event will the failure to insert such provisions prevent the.enforcement of this Agreement. 6.4 Binding Successors. The Parties agree that their respective successors and assigns shall be bound by the terms of this Agreement. 6.5 Compliance with Department of Transportation. and Highways Permits. This Agreement shall serve in lieu of a separate County permit for the noise walls, water main, sanitary sewers, sidewalks, street lighting or any other Village infrastructure improved/installed as part of the Project, and, by execution of this Agreement, the Village shall be bound by the General Terms for Department of Transportation and Highways permits as they exist on the date of the execution of this Agreement by the County. 6.6 Force Majeure. Neither the County nor the Village shall be liable for failing to fulfill any obligation under this Agreement to the extent any such failure is caused by any event beyond such Party's control and which event is not caused by such Party's fault or negligence. Such events shall include but are not limited to, acts of God, acts of war, fires, lightning, floods, epidemics or riots. Page 8 of 11 INTERGOVERNMENTAL AGREEMENT Lake Cook Road — Raupp Boulevard to Hastings Lane Sections: 14-A5015-03- RP 14•A5015-04-RP 6.7 Notices. Unless otherwise specified, any notice, demand Agreement must be given in writing at the addresses set fort TO THE COUNTY: Mr. John Yonan, P.E. Superintendent Cools County Department of Transportation and Highways 69 West Washington, 24th Floor Chicago, IL 60602 TO THE VILLAGE OF BUFFALO GROVE: Mr. Dane Bragg Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 h 6.8 Entire Agreement. This Agreement constitutes the entire agreement between the County and the Village, and merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitment and writing with respect to such subject matter hereof, THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 9 of 11 lNfFR(I0VLR\111:'lJAl I _Ike Cook Roud Roullp Boulc%;ird it) I ki,kng,; Lsfie Stmion:: 14-A51115-113.1W 14-A501-i-114-101 IN WITNESS WHEREOF, the C'()jtjjjy ajjcj the ViIjjj,c jjjjyc viluscd Illk- AQW12111CIlt tO bC eXCCLllC(I by 11161. respecti%e officials oll the dales, as Shown. FXVICUTID BY COLIATY: Toni Preckwillk-le President Cook County Board ofCommissiollers Hlis %.D. 20111. ATFFS V: our County Clerk (SLAL) 1".XEC'U'l 111) BY VILLAGE OF BUFFALO GROV': Village President This f I"'zkljlvk)f J. .1 AD, 2017. ATTFIST: Village Clerk (Sl"'.Al.) ­­­ ........ -------------------------------------------- ----------------------------------------------------------------- RFCONINIFNDID BY: AITROVI,J) AS TO FORNI: Kimberly M, FOXX, StiMe's AltoHicy Jo Yon,", P. AS.4 N1111 Stated Attolliev SUjlCl-i1lLClldCljt County o ITook Dcparttnenl ol'Transpoilation and I I k,C,hwayi f " 1 Page 10 (It, I I 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 +neeting held on June 28, 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 an Intergovernmental Agreement with the Village of Buffalo Grove, said agreement attached, wherein the County will include the installation of noise wall staining, street lighting, Emergency Vehicle Pre-Emptive Device (EVPD) systems, landscaping, upsizing the storm sewer system and water main for the Village as part of the County:s roadway construction project along take Cook Road from Raupp Boulevard to Hastings Lane, Sections: 14- A5015-03-RP and 14-A5015-04-RP, that the Village of Buffalo Grove shall reimburse the County of Cook for its share of construction costs for said improvements, estimated total Village cost $2,175,581.00-, and. the Department of Transportation and Highways is authorized and directed to return an executed copy of this Resolution with Agreement to the Village of Buffalo Grove and implement the terms of the Agreement. All of which appears from the records and files of my office. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County. this 28"' day of June A.D. 2017. (SEAL) COUNTY CLERK 1 T:a s�orla. o a N!a•-r,rg I"arr nt AGPI-TAIFNW' -t NTCai.: T RENG-LOA Resd:,!i;rs Res A50'5-C! RI' .;:!� 11i,� ;" IN IERGOVERNMENTAL AGREEMENT Lake Cook Road - Raupp Boulevard to Hastings Lane Sections: 14-A5015-03-RP 14-A5015.04-RP EXHIBIT A Funding Breakdown for Village Work TOTAL ITEK ESTIMATED FEDERAL VILLAGE COUNTY COST SHARE SHARE SHARE Noise wall Staining $78,276.00.00 $0 $78,276.00 SO Street Lighting $1,936,826.00 $1,549,461.00 $387,365.001 $0 EVPD Systems $52,804.00 SO $52,804.00 ! $0 Landscaping $75,227.00 $0 S75,227.00 SO Electrical outlets in landscaped $36,134.00 SO $36,134.00 $0 medians Storm Sewer System Upsizin S44,594.00 S1,501,181.00 $o $44,594.00 SO SO Utilities (water main, sanila sewer) $1,501,181.00 TOTAL $3,725,042.00 S1,549,461.00 $2,175,581,00 $0 HATransportation & Planreng\Planning\AGREEMENTS\4•INTGOVT-REIMB-LOAIA5o15-03-RP Lake Cook Rd -Ruff alp Grove One Contract iGA 2-21-17_doc — Page 11 of 11 VILLAGE OF BUFFALO GROVE Fifty Raupp Blvd Buffalo Grove, IL 60089-2196 Phone 847-459-2500 Fax 847-459-0332 Village Clerk Janet M. Sirabian STATE OF ILLINOIS 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 copy of Resolution No. 2018-16, adopted on the 20th day of August, 2018, 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 this 23`a day of August, 2018. �S V llage Clerk 1 ' By: puty Village ClerKI RESOLUTION NO.2018 - 16 A RESOLUTION AMENDING THE INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK AND THE VILLAGE OF BUFFALO GROVE RELATED TO THE PHASE III CONSTRUCTION OF LAKE COOK ROAD BETWEEN RAUPP BOULEVARD AND HASTINGS LANE WHEREAS, the Village of Buffalo Grove is a Horne Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the quality of life is enhanced by a high quality arterial street transportation system which operates efficiently and which does not experience extreme congestion so as to induce motorists to "cut through" neighborhood streets in order to reduce travel times; and, WHEREAS, the Village Board previously approved Resolution No. 2008-28 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to Lake Cook Road), and Resolution 2013-26 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to Lake Cook Road), and Resolution 2017-14 (A Resolution Approving an Intergovernmental Agreement with Cook County Related to the Phase III Construction of Lake Cook Road) and which indicated the Village's agreement to implement the Phase I Study, the Phase II Design, and the Phase III Construction of Lake Cook Road; and, WHEREAS, with this Amendment, the Village is agreeable to paying $2,139,973.00 for the Phase III Construction of Lake Cook Road in the area between Raupp Boulevard and Hastings Lane. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1: The Agreement entitled "Intergovernmental Agreement Amendment" between the County of Cook and the Village of Buffalo Grove related to the Lake Cook Road (Raupp Boulevard to Hastings Lane) Phase III Construction, is hereby approved. The foregoing WHERAS clauses are hereby incorporated. 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: b — Berman Stein Ottenheimer, Weidenfeld Johnson Smith NAYES: 0 — None ABSENT: 0 - None PASSED: AugList 20 2018 APPROVED: August 20, 2018 APPROVED: Beverly Suss , Village Presiden ATTEST: Janet M. Sirabian, Village Clerk