2023-07-17 - Ordinance 2023-093 - AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH THE BUFFALO GROVE PARK DISTIRCT RELATING TO THE PEDESTRIAN BRIDGE OVER ROUTE 83 PAINTING PROJECT ORDINANCE NO. 2023-93
AN ORDINANCE AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH THE BUFFALO GROVE
PARK DISTIRCT RELATING TO THE PEDESTRIAN BRIDGE OVER ROUTE 83 PAINTING PROJECT
WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS,the Village of Buffalo Grove seeks to enter into an Intergovernmental Agreement with
the Buffalo Grove Park District for the Pedestrian Bridge Over Route 83 Painting Project.; and
WHEREAS, the Village of Buffalo Grove will lead the procurement process and directly contract
with Era Vaidivia Contractors Inc. and invoice the Buffalo Grove Park District for their costs.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part ofthis Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to enter into an Intergovernmental Agreement with the
Buffalo Grove Park District for the Pedestrian Bridge over Route 83 Painting Project, a copy of said
agreement is attached hereto, pending attorney review.
SECTION 3. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
shall not be codified.
AYES: 6—Johnson,Cesario, Ottenheimer,Stein, Pike, Weidenfeld
NAYES: 0- None
ABSENT: 0- None
PASSED: luly 17, 2023
APPROVED: July 17, 2023
PUBLISHED: July 17, 2023
ATTEST� APPROVED:
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4�'��--�yi. ���,-�„��, �
�a�;E*t_.M.Sirabian,Villag? Clerk Eric N. Smith, illage President
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INTERGOVERNMENTAL AGREEMENT FOR PAINTING AND
MAINTENANCE OF THE ROUTE 83 OVERPASS WITH THE BUFFALO
GROVE PARK DISTRICT
This Service Agreement (the "Agreement") is made and entered into by and between the Buffalo
Grove Park District(`Park District"),a body politic and corporate of the State of Illinois,and the Village
of Buffalo Grove ("Village"), a body politic and corporate of the State of Illinois. Park District and
Buffalo Grove are sometimes collectively referred to as the "Parties.'°
RECITALS
WHEREAS, the Route 83 (McHenry Road) pedestrian overpass, traverses over Route 83 (McHenry
Road) approximately 900 feet northwest of the intersection of Route 83 (McHenry Road) and Buffalo
Grove Road; and
WHEREAS, the objective of this improvement will be to remove the protective painted coating
over the steel bridge structure and replace it with modern materials which will provide corrosion
and environmental protections to the structure; and
WHEREAS,the Parties, by this instrument, desire to memorialize their respective for the cost obligations
and responsibilities of the project.
NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this
Agreement, the Parties hereto agree as follows:
SECTION L INCORPORATION OF RECITALS
The above recitals are incorporated into this Agreement as set forth herein.
SECT[ON 2. TERM AND TERMINATION
This Agreement shall not become effective unless authorized and executed by the Park District President
and the Buffalo Grove Village President. This Agreement is a legal, valid and binding agreement,
enforceable against the Parties. This Agreement shall continue until it is terminated by Agreement of the
parties.
SECTION 3. RESPONSIBILITIES
3.1 Throughout the project the Buffalo Grove Park District and the Village of Buffalo Grove shall have
the following obligations:
a. The Village of Buffalo Grove will lead the procurement process. A scope of services will be
defined with associated costs being demonstrated through contract(ine items, serving as a basis
for budget numbers for each Party. These documents are attached as Attachments A.
b. The Village of Buffalo Grove will award the Era Valdivia contract following a bid effort
followed by successful negotiations to lower the overall costs.
c. The Village of Buffalo Grove will pay Era Valdivia Contractors Inc. according to the terms
and conditions of their contract. The Village of Buffalo Grove will then invoice the Buffalo
Grove Park District for their share. The Park District will make payment to Buffalo Grove
within ninety(90)days of receipt of the invoice.
d. The final costs for the overall project will be determined by the billed and agreed to contract
line-item quantities.
e. The final split ofthe costs between the two parties will include the total payment of$75,000.00
from the Park District and the remaining balance of the contract price to be paid by the Village
of Buffalo Grove.
f. The Vi(lage of Buffalo Grove will provide their agreed upon in house services to Era Valdivia
for traffic control and fence removaL The Village's ability to perform these services were
factored into the lowering of the Era Valdivia's cost for the services required. These services
will not be included in item 3.l.d.
SECTION 5. GENERAL PROVISIONS
5.1 Governing Law and Venue. This Agreement shall be interpreted under, and governed by,the laws
of the State of[llinois, without regard to conflicts of laws 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.
5.2 Default. A Party shall be in default hereunder in the event of a material breach by such Party (the
'`Defaulting Party") of any term or condition of this Agreement including, but not limited to, a
representation or warranty, where the Defaulting Party has failed to cure such breach within thirty
(30) days after written notice of breach is given by another Party (the "Non-Defaulting Party"),
setting forth the nature of such breach. Failure of a Non-Defaulting Party to give written notice of
breach to the Defaulting Party shall not be deemed to be a waiver of the right of such Non-
Defaulting Party to assert such breach at a later time. Upon default the Non-Defaulting Party shall
be entitled to eYercise all available remedies at faw and in equity. The Non-Defaulting Party shall
be entitled to reasonable attorneys' fees and costs relating to litigation initiated by the Non-
Defaulting Party. [n the event of a default by either of the Parties, the County shall be notified in
writing by the Non-Defaulting Part}. If the County assumes the maintenance obligation of the
Defaulting Party for any period of time and incurs expenses in so doing, the County may charge
the Defaulting Party for any such reasonable expense.
5.3 Modification. This Agreement may not be altered, moditied or amended except by a written
instrument signed by all 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.
5.4 Force Majeure. Neither the County, nor Buffalo Grove, nor Park District, 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 not be limited to acts of God, acts of war, fires, lightning, floods,
epidemics or riots.
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5.5 Notices. Unless otherwise specified, any notice,demand or request required under this Agreement
must be given in writing at the addresses set forth below by any of the following means: personal
service, overnight courier or first-class mail.
TO PARK DISTR[CT:
Park District President
Buffalo Grove Park District
530 Bernard Drive
Buffalo Grove, [L 60089
TO BUFFALO GROVE:
Village Manager
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
5.6 Entire Agreement This Agreement constitutes the entire agreement between the Village and Park
District, and merges all discussion between them and supersedes and replaces any and every other
prior or contemporaneous agreement, negotiation, �mderstanding, commitment and ��riting ��ith
respect to such subject matter hereof.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective
officials on the dates as shown.
BUFFALO GROVE PARK DISTEZICT:
ScottJacobson
Park District President
Buffalo Grove Park District
This day of A.D. 2023.
ATTEST:
Clerk
(SEAL)
VILLAGE OF BUFFALO GROVE:
��
Eric N. Smith
Village President
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Village of Buffalo Grove
This day of A.D. 2023.
ATTEST:_ �-��.��� �'��..
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Attachment A
Era Valdivia Contract Documents
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