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1988-08-01 - Resolution 1988-40 - APPROVING AN AGREEMENT FOR A TRAFFIC SIGNAL IMPROVEMENT AT THE INTERSECTION OF WEILAND RD (COUNTY HIGHWAY 73) AND APTAKISIC RD (COUNTY HIGHWAY 33)RESOLUTION NO. 88-40 A RESOLUTION APPROVINC AN AGREEMENT FOR A TRAFFIC SIGNAI, IMPROVE,IEI{T AT IHE INTERSECTION OF WEILAND ROAD (COI'MY IIIGIIWAY 73) AND APTAKISIC ROAD (COI]NTY ITIGIIWAY 33) IdHEREAS, an Agreement rdth the County of Lake ls requlred to tnplenent the constructlon and naintenance of a trafflc slgnal at AptaklElc Road and l{el1and Road; and, WIEREAS, the vlIlage ls requlred to approve the Agreement, NoW THEREFoRE, BE IT RXSoLVED by the Presldent and Board of Trustees of the Vlllage of Buffalo Grove, Cook and Lake Countlea, Illlnols, that the Agreenent for a trafflc slgnal lmprovement at the intersectlon of Welland Road (County Hlghlray 73) and Aptaklstc Road (County fltghway 33) be approved and the Vlllage Presldent and V1l1age Clerk are hereby authorlzed and dlrected to execute sald Agreernent Irhlch 18 attached hereto and nade a part hereof. AYES :6 - Marienthal. Glover. Reld.Shields. Shi fri n - Ilathias NAYES :0 - None ABSENT: o - None PASSED: August 1 , 1988 , 1988APPROVED: Ausust 1 APPROVED : L. C yton V11lage Presldent ATTEST: Jane . Slrablan ,*r ft. g.r$-*. Vll1age Clerk AGREEMEM BETWEEN TI{E COUNTY OT LAXX AND TI{E VILLAGE OF BUI'I'ALO GROVE FOR TIIE Pf,RPETUAL MAINTENANCE OI' THE OPTICOM E},IER,GENCY VEHICLE PRE-EMPTION SYSTET'T ON THE TRAFTIC CONTROL SIGNALS AT TEE IMTERSECTION OF APTAKISIC ROAD ( COIJNTY EIGHWAY 33) AND I,JEIIAND ROAD ( COUNTY HIGHWAY 73) rHIS AGREEUENT entered into this I sr day of Aueust A.D., 19 88 , by and between the COlJNfi 0F LAKX, Illinois, acting by and through its County Board, herelnafter referred to as the COUNTY, and the VILLAGE 0F BUTIALO GROVE, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as the VILLAGE. IIITNESSETH WHEREAS, the COITNTY and Lexington Development Corporation have agreed to enter into a jolnt agreement for the installation of traffic control signalsat the intersection of Aptakisic Road and Weiland Road. Said proposed inprovenent to be knoun as COUNTY Section: 88-00i58-08-TL; and, WHEREAS, Lexington Development Corporation has agreed to pay one hundred percent (f002) of the cost of 0PTICoM emergency vehi.cle pre-emptj.on systemi and; !,,HERE-,S, said improvement inclusive of the oPTICoM emergency vehicle pre-emption systern vill be of immediate benefit to the CoUNfi and the VILLAGE and permanent in nature; NOW, TIIERXIoRE, in consideration of the mutual covenants contained herein, the COIINTY and the VILLAGE hereEo agree as follows: The VILLAGE agrees that upon completion of said inprovement, the traffic control signals and equipment, inclusive of the oPTICOH emergency vehicle pre-emption system, shall renain the sole and exclusive Property of the COI'NTY. The VILLAGE agrees that the COUNTY sha1l retain the sole and exclusive right to control and regulate the sequence and al-l other asPects of the timing of the traffic control signals and equipnent incl-usive of the OPTICOM emergency vehicle pre-enPtion systexn. The COIJNTY agrees to naintain, or cause to be maintained' said traffic control sj.gnals and equipnent inclusive of the OPTICoM emerBency vehicle pre-enption system. Said maintenance for the OPTICOM emergency vehicle pre-emption systen shall include the phase selector' field wiring, optical detectors' and cabinet aPPurtenances. 1 Z 3 I,JHEREAS, the VILLAGE is desirous for the CoUNTY to include as part of said i.mprovenent the installation of an OPTICoM energency vehicle pre-emption systen; and, Ttle maintenance and testing of the vehicle emi.tters and associatedappurtenances shal1 not be the responsibility of the COUNry. Saidnaintenance and testing of said vehicle enitters and associated. appurtenances shall be in conformance xith the manufacturersspecif ications and recormendations. 4 T},e VTLLAGE agrees to reimburse the couNTy one hund.red percent (1002) ofall direct costs for the repair, replacement, upgrading, nodernization,and naintenance for alr work perforned for said optrcott energency vehiclepre-enption systeD. Payxaent to the COIJNfY shall be rnade within thirty (30) days of thereceipt of an invoice from the COIJNTY, in a h:np sum, for a1I workperformed on said OFTICOM emergency vehicle pre:emption systen. The vTLLAGE agrees to indemrify, defend and hord harmress the couNly,elected offici.als, its duly appointed officials, agents, ernpJ-oyees andtheir representatives from and against any and all clains, suits,actions, losses, expenses, darnages, injuries, j udgexnents, and demandsarising from and relating to the use and operation of the OpTICoM emergency vehicle pre-enption system. 5 its The VILI,AGE further agrees to pay all danages, judgenents, expenses, i.ncluding all attorneys fees and court expenses,therewith or resulting therefrom. The VILI,AGE agrees that in the event of the failure of LexingtonDevelopment Corporation to pay one hundred percent (1002) of the cost ofthe OPTICOM emergency vehicle pre-empti.on systero and associatedengineering, said cost for said OPTICOM emergency vehicle pre-enption system and associated engineering shall be paid by the VILI,AGE t; the COIJNTY uithin thirty (30) days of the receipt of an invoice from the COIJNTY, in a lump sum amount, based on final cost at contract unit pricesfor actual rork performed. costs, and in connection 6 7 The VILI,AGE agrees that in the event of the failure to conpty vith theprovisions set forth in this agreement, the COUNTy shall perform theduties set forth therein and invoiee the VILLAGE for said costs plustnenty-five percent (252) of said costs. persistent fail-ure to conplywith the provisions of this agreement will authorize the COllNTy to disconnect and/or reroove said OPTICOM etnergency vehicle pre-emption systen or take any other action deened appropriate by the COUNTY. It is mutually agreed by and between the parties hereto that nothing herein contained is intended or should be construed as in any nanner creating or establishing a relationship of co-partners between theparties, or as constituting the VILI,AGE (includi.ng its officers, employees and agents) the agent, representative or employee of the COIJNrY for any purpose, or in any nanner, whatsoever. The VILLAGE is to be and shall remain independent of the COllNfY with respect to all services perforned under this agreement. 8 9. It is mutually agreed by and betweefl the parties hereto that the entire agreement of the parties hereto is contained herein and that this agreement supersedes a1I oral agreements and negotiations betveen the parties hereto relating to the subject matter hereof as vell as any previous agreerDents presently in effect betxeen the parties relating to the subject matter hereof. ft is further nutually agreed by and between the parties hereto that any alterations, amendrnents, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in rriting and duly signed by the parties hereto. 10. Ttle provisions of this agreement are severable. If any paragraph, section, sub-section, sentence, clause, phrase, or rord of this agreementis 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 notaffect the remaining portions of this agreement. However, upon the occurrence of such event, either party hereto may tenoinate thi.s agreement forthwith upon the delivery of uritten notice of termination to the other party. In the event of termination of this agreement, as provj.ded herein the COUNTY is authorized to take any action deemed appropriate regarding the OPTICOM emergency vehicle pre-emption system, 11. The VILI,AGE agrees that its respons ibil it ies as set forth herein shall become effective upon written notification from the Col.lNTYr s Superintendent of Highways at such time as all work concerning the inprovement as contemplated herein shall be deemed complete and acceptable to the CoUNTYT s Superintendent of Highvays. 12. This AGREEMEM shall be binding upon and inure to the benefit of theparties hereto, their successors and assigns. OF BUFI'ALO GROVE By: e^.}.'fl^ B-.?r.,"r-Date: Aueust l. 1988 vi1 e Clerk A RECOUMENDED I'OR EXECUTION ntend ent of ghways Director of Transportation Lake County LAKN COUNTY BOARD Clerk Lake County By: Date : lrman County Board ATTEST Village Pre s ident +/ . rto, aa Agenda ltem #/Z Count Count Trans fudf ti,r- Clerk Board ortatlon(4) cert. Financial & Adnlnistrative CommLttee Ccrtified to be a tro? oo0 of Records of the lake C,ounty Board Meeting of Cei i r fication nd valid umless seal County, Illinois is affued. STATE OF ILLINOIS ))ss COUNTYOFLAKE) COUNTY BOARD, COUNTY OT LAKE, ILLINOIS ADJOURNED ANNUAL SEPTWBER SESSION, A.D. 1988 I'UESDAY, oCTOBER 11, 1988 UR. CHAIRMAN AND MEI.IBERS OF THE COUNTY BOARD: Your Publlc Service CoEElttee and Flnanclal and Adnlnls- trative Comlttee present here\rlth a resolutlon provldlng for the executlon of a Jolnt agreement wlth the VLllage of Buffalo Grove and the County of Lake for the perpetual Ealntenance of the OptLcoxl Energency Vehlcle Pre-Emptlon System in the trafflc control slgnals at the lntersectlon of Aptakislc Road (County Itighway 33) and l{elland Road (County Illghway 73) and deslgnated as Section 88-00158-08-TL. We RECoMMEND adoptlon of thls Resolutlon. Respectfully submltted, hairman Chairman e-hairman Vice-Chalrman Public Service Conmittee v v P of take 4., lcl"{trlsse' fr;.mq[i \..J RESOLUTION WHEREAS, the free flow of traffic at the lntersection of Aptaklsic Road (County Hlghway 33) and l{elland Road (county ltlghway 73) ls beneflclal to the safety and welfare of the State of Illlnois and to the County as a whole; and WEEREAS, the County of Lake ln order to facllltate the free flow of traffic at the lntersectlon of Aptaklslc Road and Welland Road has entered lDto an agreement irlth Lexlngton DevelopEent Corporatlon for the lnstallatlon of perEanent trafflc control slgtrals, sald lmprovenent deslgnated as Section 88-00158-08-TL; aod WEEREAS, the V1l1age of Buffalo crove 1s deslrous of the County to luclude, as part of County Sectlon 88-00158-08-TL, an Optlcon Emergency Vehlcle Pre-Enptlon Systexn 1n the trafflc control slgnals and equlpnent; and WIIEREAS, sald Optlcon Emergency Vehlcle Pre-Enptlon Systen wlll be of lnrnedlate benefit to the Vlllage of Buffalo Grove and to the County as a whole and w111 be pernanent ln nature; and I{HIREAS, the County of Lake and the Vi.llage of Buffalo Grove are deslrous of enterlng lnto an agreement for the above-proposed lnprove- nent, said agreement attached hereto and settlog forth the terns and obllgatlons to each agency. NoI"l, IITEREFoRE BE IT RESoLVED that the Chalrman of the County Board and the County Clerk of the County of Lake, State of ll11nols be authorized atrd they are hereby dlrected, to execute an agreement pertalnlng to the flnanclng of the above-named lmprovement, providlng ln the oplnion of the Publlc Servlce Comittee, lf necessary, sald agreeuent in lts final forn substantlally conforms to the draft attached hereto. The Director of Transportatlon shall transmlt ln writing the flnal agreement to be executed by the Chalrnan of the Lake County Board and the County Clerk. Dated at Waukegan, Illlnols, thls llth day of october 1988.