1989-09-11 - Resolution 1989-42 - APPROVING AN AGREEMENT FOR A TRAFFIC SIGNAL IMPROVEMENT AT THE INTERSECTION OF PRAIRIE RD (COUNTY HIGHWAY 59) AND APTAKISIC RD (COUNTY HIGHWAY 33)RESoLUTIoN No. 89-42
A RESOLUTION APPROVING AN AGRES}{ENT
FOR A TRAFFIC SIGNAL IMPROVEMENT
AT THE IN?ERSECTION OF
PRAIRIE ROAD (COI'NTY HIGI{WAY 59)
AND APTAKISIC ROAD (COI'NTY IIIGITWAY 33)
IIIIEREAS, an AgreeEent vlth the County of Lake ls required to lEpleEent
the deelgn and constructlon of oPTICOM at a trafflc slgnal at Pralrie Road
and Aptaklele; and,
I{XEREAS, the Vll1age 1s requlred to apptove the agreement.
NoW, IIIEREFoRE, BE IT RESoLVED by the Presldent and Board of Trustees
of the vlllage of Buffalo Grove, Cook and Lake Countles, Illinols, that the
agreeoent for a trafflc slgnal lnprovenent at the lntersectlon of Pralrle
Road (County Hlghway 59) and Aptaklsic Road (County Hi.ghlray 33) be approved
and the Vlllage Presldent and Vll1age Clerk are hereby authorlzed and
dlrected to execute sald agreenent lrhlch 1s attached hereto and Dade a part
hereof .
4 - Marienthal. cl over, Mathias. O I Malley
0 - None
AYES :
NAYES :
ASSENT:
PASSED 3
2 - Reid,0 r Ma11ey
SeDtenber 1l
APPROVED: SeDrember Il
ATTEST :
1989
APPROVED :
7/,
V111a er
8.-1,."^
Verna L.Clayton, Village @stdent
,fu*
1989
AGREEMENT
THIS AGREEI'IENT entered into th.is l1th day of September , A.D.,
19__-El, by antl between the COUNTY OE I"AKE, Illinois, acting by and through its
County Board hereinafter referred to as the COUNTY, and the VIIJ,AGE OF BUFFALO
GRoVE, an lllinois Municipal corporation, acting by and through its Village
Presitlent and Boald of Trustees, hereinafter referred to as the VILLAGE.
WITNESSETH
IiHEREAS, the VILI,AGE has indicated its wilU"ngness to enter into an
agreement with the COUNTY regarding said OPTICOU emergency vehicle pre-emption
system; and,
IIHEREAS, said improvement, as heretofore describecl, wiII be of j:nnediate
benefit to the residents of the COUNTY and the VILI,AGE and wilL be permanentin nature;
NOW, THEREFORE, in consj-deration of the mrtual covenants contained
herein, the COUNTY and the VILLAGE hereto mrtually agree as follows:
It j"s mutually agreed by and between the part.ies hereto that the foregoing
preambles are hereby incorporated herein as though fully set forth.
The COUNTY agrees to prepare. or cause to be prepared, all surveys, plans,
specifications, and estjrates, receive bids and award the constructioncontract, furnish constructi"on engineering supervision, and cause the
i:nprovement to be built in accordance wj-th the approved plans,
specifications, and contract.
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WHEREAS, the COITNTY, 1n order to facili-tate the free flow of traffic and
ensure safety to the motoring public, is desj.rous of mal<ing certain
improvements to the intersection of Aptakisic Road (County Highway 33) andPrairie Roaal ( County Hi-ghway 59) by vridening the existing pavenent to provide
a westbound to northbound right turn lane and an eastbound to northbound left
turn lane on Aptakisic Road; constructing a southbound to westbound right turn
lane on Prairie Road; resurfacing; and installing curb and gutter and storm
sewer, pavement markings, and traffic control signals and equipment with
interconnect; anal performing all other work necessarl' to complete the
improvernent in accordance with the approved plans and specificati-ons. Said
approved plans and specifications by reference here.in are hereby made a part
hereof. Said i.mprovement shall be knoen as CoUNTY Section: 89-00133-01-CH;
and,
IIHEREAS. the VILI,AGE is desi.rous of the COUNrY to include, as part of
COUNTY Section: 89-00133-01-Ctl, an OPTICOU emergency vehicle pre-emption
system as part of the installation of the traffic control signals and
eguipment with interconnect; and,
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The COUNTY agrees to pay all construction and engineering costs, subjectto reimbursenent by the VILI,AGE as herei.nafter stipulated.
The COUNrY agrees, as per the request of the VILLAGE, to include as part
of the installation of the traffic control signals and eguipment an
OPTICOI.I emergency vehicle pre-enrption system. Said OPTICOM emergency
vehicle pre-emption system shall include a phase selector, field wiring,optical detectors, and cabinet appurtenances.
It is mutual-Iy agreed by and between the parties hereto that the total
estimated cost of the OPTICOM emergency vehicle pre-emption system, as
heretofore described, is as follows:
OPTICOI{ Emerqency Vehicle
Pre-Emption System:$6, 000 . 00
TOTAL ESTII4AIED COST $6, 600 . 00
The VIU,AGE agrees to reimburse the COUNTY in the anount of the above
referenced cost for the OPTICOU emergency vehicle pre-emption system
($6,000.00) and the costs for the design engineering and construction
engineering supervision ($500.00). The cost to the VILLAGE i.s estimatedto amount to $6,500 .00.
The VILLAGE agrees that upon the award of the construction contract, the
VILLAGE wiII pay to the COT NTY within thirty (30) days of the receipt of
an j,nvoi.ce from the COUNTY, j-n a lunp sum, based on contract unit prj-ces,
an anount egual to nj.nety-five percent (95*) of its obligation incurred
under THIS AGREEUENT for the cost of the OPTICOU emergency vehicle
pre-emption system ($5,700.00) and an anount equal to ninety-five percent(951) of its obligation incurred under this agreement for the desi-gnengineering and construction engj-neering supervision ($S7O.OO). pa!.ment
to the COUNrY at the tfune of the awaral of the construction contract andreceipt of an invoice from the COUNfy is esti:nated to amount to $G,27O.OO.
The VTLLAGE further agrees to pay to the couNTy the lemaining fi-ve percent(5t) of j.ts obligation incurred under Tltls AGREEI,iENT withj.n ahirty i3o)days of the recei-pt of an j-nvoice from the COUNfy, upon completion of theirrprovement, based on final costs at contract unit prices for actua.L workperformed for the OpTIcoM emergency vehicl-e pre-emption system ($3OO,OO)and the desj-gn engineering and construction engineering supervj.sion($30.00). Final pafnent to the CoUNfy rpon .o*plution of ihe improvementand recej-pt of an invoice from the cOUNTy is .stir.t.d to anount to
$330 .00.
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B The VILLAGE agrees that upon conpletion of the jmprovement, the trafficcontrol signars and equipment with interconnect, incrusive of the oprrcoMemergency vehicre pre-empti.on system, sharr be the sore anal excrusiveproperty of the COUNTY.
Deslgn Engi-neeri-ng &
Construction Engineering
Supervis j-on (10t of Construction
Costs): $ 500.00
,st
9 The VILU\GE agrees that the COITNTY shall retain the sole and exclusiveauthority to control and regulate the sequence and all other aspects ofthe tir.ing of the traffic control signals and equipment with interconnect,inclusive of the OPTICOU emergency vehicle pre-emption system.
10. The COITNIY agrees to maintain, or cause to be maintained, the trafficcontrol signals and equipment with interconnect and the OPTICOU emergencyvehicle pre-emptj.on system, subject to rejrbursement by the VILLAGE ashereinafter stipulated. Said maj.ntenance for the OPTICOU energencyvehicle pre-emption system shall include the phase selector, field wiring.optical detectors, and cabinet appurtenances.
11. The VILLAGE agrees to reimburse the COUNTY for one hundred percent (100t)of all direct costs for the repair. replacement, upgrading, modernization,
naintenance, and/or removal and for atl performed for said OPTICoM
emergency vehicle pre-emption system.
Pa!.ment to the coUNTY shall be made within thj-rty (30) days of the recei.ptof an invoj-ce from the coUNTy, in a lump sum anount, for aII work
performed for saitl OPTICOI! emergency vehicle pre-emption system.
12. The VILLAGE agrees to indemnify, defend, and hold harmless the COUNfy, itselectetl officials and duly appointed officials, agents, employees, andrepresentatives, and the coUNTy's Division of Transportation, its duly
appointed officials, agents, enployees, and representatives from and
against any and aII claims, suits, settlements, actions, Iosses, expenses,
damages, injuries, judgements, and demands arising from and relating tothe use and operation of the OpTIcoM energency vehicle pre-emption systen.
The VIU,AGE further agrees to pay aII danages, judgements, settlements,costs, and expenses, including attorney's fees and court costs, in
connection therewith or resurting therefrorn, regardress of any limitationsof insurance coverage.
13.The VILLAGE agrees that in the event of the faiLure to conrply with theprovisi.ons as set forth in TUIS AGREEUENT, the COUNIY shall have theauthority but not the duty to perform the aluti-es as set forth in THrs
AGREEI'IENT. Fairure by the VTLLAGE to cor'Pry with the provisions as setforth in THIS AGREEI{ENT may result i.n the COUNfy taking any action itdeems appropriate such as disconnecting antt/or removi,ng said OPTICO!,iemergency vehicle pre-enrpt j-on system.
The VIU,AGE further agrees to reimburse to the COt NTy one hundred percent(100t) of al-l costs for any action taken by the couNTy under thisprovision. Palment to the couNly shall- be made in a Iunltr) srm amountwithin thirty (30) days of the receipt of invoice billinls from theCOUNIY.
14.It is rmrtually agreed by and betvreen the parties hereto that THIS
AGREEMENT shall not be construed in any manner or form to U:nit the powerand authority of the COUNTY or the coUNTy's Superi-ntendent of Highways tomaintain, operate, improve, construct, re-consiruct, or expand any C6ulfVHighway as best determined and as provj-decl by law.
15. It mutually agreed by and between the partj.es hereto that nothi.ng
contained in THIS AGREEUENT is intended or shall be construed j,n any
manner or form creati.ng or estabLishj-ng a relationship of co-partners
between the parties hereto, or as constltutj-ng the VILIAGE (including itselected officials, officers, employees, and agents ) the agent,
representative, or employee of the COUNrY for any purpose, or in any
manner rrhatsoever. The VILI,AGE is to be and shall remain independent of
Lhe COUNTY with respect to all services performed unaler THIS AGREEUENI.
16. It is mutually agreed by and between the parties hereto that the
provisions of t'tlls AGREEMENT are severable. If any provision, paragraph,
section, subdivision, sentence, clause, phrase, or word of THIS AGREEI{ENIis for any reason hel-d 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 AGREEUENT.
17. It is rm:tual-Iy agreed by and between the parties hereto that the agreementof the partj-es is containecl herein and that THIS AGREEUENT supersedes alloral agreements and negotiations between the parties hereto relating to
the subject matter hereof as weII as any previous agreements presently in
force and effect between the partles hereto relating to the subject matterof THIS AGREEUENT.
18. It is mutual,Iy agreed by and between the parties hereto that anyalterations, amendments, deletions, or wai-vers of any provisions of THIS
AGREE!.{ENT shall be valid only when expressed in writing and duly signed by
the COUNrY and the VILI,AGE.
19. THIS AGREEI.{ENT shall be binding upon and inure to lhe benefit of theparties hereto, their successor and assigns.
20. THIS AGREEI{ENT shall remain in fuLl force and effect for such a period oftime as the oPTICoU emergency vehicle pre-emption system remains in use
and operation.
\J \J J\7
Xez,*
21. THIS AGREEI.IENT shall be consideretl null and void in the event that the
contract covering the i:nprovement contempl-ated herej.n is not awarded by
January 1, 1993.
V l LI,AGF]BUFFA],O GROVE
ATTEST:
7n- 8-"-U..*-
Cl-erk
Village of Buffalo Grove
erk
Lake county
Mayor
ViIIage of Buffalo Grove
Date :7-&n
v
RECOMMENDED FOR EXECUTION
Di ctor of Tr ation
superintendent of Highways
Lake County
I,AKE
By:
rman
e
Dat
Agenda ltem #
County Clerk
County Board
Transportatlon (4) cert,
STATE OF ILLINOIS )) ss
COUNTYOFLAKE)
COUNfi BOARD, COUNTY OT LAKE, ILLINOIS
ANNUAI SEPTE}BER SESSION, A.D. 1989
TI,ESDAY, SEPTEI{BER 12, L989
}IR. CIIAIRMAN AND MEMBERS OF THE COIJNTY BOARD:
Your Public Service Conmlttee and Financlal and Adnlnls-
trative Comittee present herewith a resolution provlding for the
execution of a jolnt agreeEent wlth the Village of Buffalo Grove
and the County of Lake for the installatlon of an Opticom Emergency
Vehicle Ple-Enption System in the traffic control signals at the
Lntersectlon of Aptaklslc Road (County Hlghway 33) and pralrle Road
(County Hlghrray 59) and designared as Section g9-00133-01-CH.
We RECOMMEM adoption of thls Resolution.
4-e,
1
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a n
Vice-Ch n,)Vi ce-Chairman
L.,t-t<
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Publ ic Service Committee
:-
nancaa 1&Adm istrative C o[[Dittee
edified to be a true copy of
sEP t2 1989 ArP:.V-l
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Respectf ully submj.tted,
WHEREAS, the free flow of rraffic at rhe intersection of Apraklslc
Road (county Hlghlray 33) and pralrie Road (county Highway 59) is beneflcial
to the safety and werfare of the state of rllinois and to the county as
a wholel and
WHEREAS, TltE county of Lake in order to faclrltate the free flor
of trafflc at the lntersectlon of Aptaklsic Road and prairie Road has
proposed to lmprove sald intersectlon by rrldenlng the existing pavement
to provlde turnlng lanes, lnstallLng curb and gutter, storm ser.er, and
pernanent trafflc control signals nlth lnterconnect, sald improvement
designated as Secrlon 89-00133-01-CH; and
WHEREAS, the Vlllage of Buffalo crove is desirous of the County to
lnelude, as part of County Sectlon g9-00133-01_CH, an Optlcom Emergency
Vehicle Pre-Enptton systen in the trafflc control slgnars and equrproent I and
WITEREAS, sald Optlcon Emergency Vehicle pre_Enptlon Systen w111 be
of imedlate beneflt to the Vlllage of Buffalo Grove and to the County as
a whole and will be permanent in nature; and
WHEREAS, the County and the Village of Buffalo Grove are deslrous
of entering lnto an agreement for the above_proposed lmprovement, sald
agreemeot attached hereto and setting forth the terns and obllgatlons to
each agency.
Now, THEREFoRE BE IT RES0LVED rhat rhe chalrnan of rhe county Board
and the county clerk of the county of Lake, state -of rllinois be authorized
and they are hereby directed, to execute an agreeEent pertainlng to the
flnanclug of the above-named lmprovement, provlding ln the oplnion of
the Public Servlce Comlttee said agreement 1n 1ts final forn substantially
conforms to the draft attached hereto. The Director of rransportation sharl
transult in writlng the final agreement to be executed by the chairnan of
the Lake County Board and the County Clerk.
Dated at Waukegan, Illinois,
thls 12rh day of September I9g9.
v
RESOLUTION