1989-09-11 - Resolution 1989-43 - APPROVING AN AGREEMENT FOR A TRAFFIC SIGNAL IMPROVEMENT AT THE INTERSECTION OF APTAKISIC RD (COUNTY HIGHWAY 33) AND BG RD\r/ \.z \/ \-/
RESOLUTION NO. 89- 43
A RESOLUTION A?PROVING AN AGREEMENT
FOR A TRAFTIC S ICNAI IMPROVE}4ENT
AT THE INTERSECTION OF
APTAKISIC ROAD (COUNTY HIGI{WAY 33)
AND BUFFAIO GROVE ROAD
WIIEREAS, an Agreenent wlth the County of Lake 1s required
to lnplement the deslgn, constructLon and Ealntenance of a trafflc
signal at Aptaklslc Road and Buffalo Grove Roadl and,
I{IIEREAS, the Vlllage is required to approve the agreeEent.
NoW, TI{EREFoRE, BE IT RESoLVED by the Prestdenr and Board
of Trustees of the Vlllage of Buffalo Grove, Cook and Lake Counties,
Illinois, that the agreement for a trafflc slgnal improvement at
the lntersectlon of Aptakisic Road (County Hlghway 33) and Buffalo
Grove Road be approved and the Vtllage Presldent and Vl11age Clerk
are hereby authorized and dlrected to execute said agreenent Lrhlch
ls attached hereto and made a part hereof.
AYES:4 - Marlenthal, Glover, Mathias 0 | Malley
NAYES :0 - None
ABSENT: 2 - Reld, Shlfrin
PASSED: Septenber 11 1989
1989APPROVED: September 11
APPROVED :
2.--'-'+-
ATTEST:
g'-!*."
vi11 Clerk
Verna L. Clayton, Village President
7 XUc
t
THIS AGREWENT entered into this llth day of seltemher- '-' A'D"
19 89 , by and between the couNTY or iffiJTrinois' idn'g by and throush
its County Board hereinaiier referred to as the COUNTY' and the VIIJ'AGE oF
BUFFALq cRovg, an rrrinoii uunicipal co4)oration, acting by and through its
Village President ana soard of rristees ' hereinafter referred to as the
VlLI,AGE.
AGREEMENT
WITNESSETH
WHEREAS, the coUNTY and the VIIJ'AGE ' in order to facilitate the free flow
of traffic and ensure ".t.iv t" the motoring public. is desirous to make
certai.n i-mprovements at Lhe intersection of APtakisic Roa't (countY Highway 33)
and Buffalo Grove Road by installing traffic control signals and equipment
rrith interconnect, and "" optrcou "ittgtnty vehicle Pre-emPtion system' and
performing all- other *o.k nu""""try to"complete the imProvement in accordance
*iin tir" ipptor.d plans and specif ications ' - sald approved plans and
"p."iti""ti""s by ieference herein are hereby made a part hereof; and'
WHERBAS, the VII,LAGE, in accordance vJi-th the requj'rements of the CoUNTY'S
Divi.sion of TransPortation, fras caused certain roadway-impt?"ti:i!-: -t:-!'
constructed at the intersection of APtakisi'c Road and Buffalo Grove; and'
WHEREAS, based on exi'stinq antl projected vehicuLar traffic' traffic
control signal-s with interconnlct woutd be warranted as specified in the STAIE
OF ILLINOIS UANUAT FOR UNIT'ORU TRAFFIC CONTROL DEVICES FOR STREETS AND
HIGHi{AYS (rMUTcD). saiJ iftutco ty reference herein is herebY made a Part
hereof; and,
WHEREAS, the VILLAGE is desirous to include as Part of the installation
of saitl traffic control "ig"at" and eguipment with interconnect an oPTIColl
emergencY vehicle Pre-emption system; and'
WIIEREAS, said installation of traffic control signals and equiPment with
interconnect and the opticou emergency vehicre pre-emption sYstem wilr.be of
i.runetliate benefit to the residentl of the VIIJ'AGE and the COUNTY and will be
permanent ln nature;
NOw, THEREFoRE, in consideration of the rm:tual covenants contained
herein,thecoUNTYandtheVILLAGEheretorm:tuallyagreeasfollows:
1. It is rm:tually agreed by and between the Parties hereto that the foregoing
preanbles ar. h"r"uy-inlorporated herein as though fully set forth'
)TheCoUNTYagreesthattrafficcontrolsignalsandeguiPmentwith
interconnect and an optriou "rn"tgt"ty vehicle pre-enption sYstem maY be
instarled at the intersttilon ot-nptiki=i" no'd antl Buffalo Grove Road
;;;;;4" the Provisions as set forth in THIS AGREEI{ENT '
3 The VUJ,AGE agrees to prep.rre, or cause to be prepared, all surveys,
pl.ans, specifications and estirates, receive bids and award the
construction contract.
The CToUNTY agrees to provide the construction engineering serv.ices and
cause the irprovement, as heretofore descrj-bed, to be buj.lt in accordance
with the approved plans and specifications.
The COUNTY agrees to reimburse the VIU,AGE for one hundred percent (100t)
of the preparation of the surveys, plans. specifications and estirates,
hereinafter referred to as desj-gn eng.i-neering. The cost to the COUNTY is
esti:nated to be $ 5,400 .00
It is mutually agreed by and between the parties hereto that the cost to
the coUNTY for the design engineering. as heretofore set forth in
Provision 5, shall not exceed $6,000.00.
The VILLAGE further agrees that the design engi-neering for the
i:qrrovement, as heretofore described, shall, be prepared in accordance vrith
the standalds, specifications, and reguirements of the COliNtY's Division
of Transportation.
The VUJ.AGE agrees to pay one hundred percent (100t) of the costs of the
installation of the traffic control signals and. eguipment with
interconnect, the OPTICOU emergency vehicLe pre-emption system, and
associated work in accordance with the approved pJ-ars and spec j.ficatlons.
The COUNTY agrees to pay one hundred percent (L00?) of the costs of the
construction engineerj-ng supervision to cause the improvement. as
heretofore described, to be bullt i-n accordance with the approvetl plans
anal specifications.
10. The COUNrY agrees that upon award of the construction contract, the COUNTY
will pay to the VUJ,AGE within thirty (30) days of the receipt of an
invoice from the VIIJ,AGE, in a lump sum amount, the costs of the design
engineer.ing. Palment to the VIII"AGE at the tilne of the award of the
construction contract and receipt of an invoice is estimated to be
$s,400.00.
11. The VILLAGE agrees that upon completion of the i-rprovement, as heretofore
described, the traffic control signals and equipment with interconnect and
the OPTICOM emergency vehicle pre-emption system shall become the sole and' exclusive property of the COUNrY.
12. The VILLAGE'agrees that the COUNTY shall retain the sole and exclusive
authority to control and regulate the sequence and all other aspects of
the timj-ng of the traffic control signals and equ.ipment with interconnect
inclusive of the OPTICoM emergency vehj.cle pre-enpti.on system.
4
5
6
1
I
9
13. The VILLAGE agrees to pay aIJ, energy costs requj"red for the operation of
The VILLAGE agrees that prior !o receivi.ng bids and awarding the
construction contract, the design engineering shal-I be submitted to the
COUNTYT s Superintendent of Highways for review and written approval.
the traffj.c control signals and equipment with interconnect and the
oPTICOM emergency vehicle pre-emption system. Said energ'y costs shal} be
paid directly to the utiu-tY comPany providing said energy.
14, The coUNrY agrees to maintain, or cause to be maj-ntaj.neal, the traffic
control signals and equipment with interconnect and the OPTICoM emergency
vehicle pre-emption system. Said maintenance for the OPTIcou emergencY
vehicle pre-enption system shall include the phase selector, fieLd wiring,
optical detectors, and cabinet aPPurtenances.
15. The VILLAGE agrees to reinburse the COUNrY one hundred Percent (100t) of
aII costs for the maintenance, rePair, upgradinq, modernization, and/or
removal for aII work performed for said oPTIco!'l emergency vehicle
pre-enption system.
The VUJ,AGE further agrees that Palment to the coUNTY shall be made within
thirty (30) days of the receipt of an invoice from the COUNrY, in a lumP
sum, for aII work performed for saial oPTICOU emergencY vehicle pre-emption
system.
15. The VIIJ,AGE agrees to indemnify, defend, and same harmless the couNTY, its
el-ected offici-als and its duly aPpointed officials, agents, employees, and
representatives and the COUNTY's Division of Transportation, its tluly
appointed officials, agents, employees, and representatives from and
against any and aII clai-ns, suits, actions, Iosses, exPenses, damages,
j-njuries, judgements, and demands arising from and rel-ated to the use and
operation of the oPTIcou energencY vehicle Pre-erPtion system.
The VILLAGE further agrees to pay al)- damages, judgments, costs and
expenses, includi-ng attorney's fees and court costs, in connection
therewith or resulting therefrom, regardless of any limitations on
insurance coverage.
17. It is mttually agreed by and between the parties hereto that from tj:ne to
time said traffic control signals and equipment with interconnect and the
OPTICou emergency vehicle Pre-emPti-on system at the intersection of
Aptakisic Road and Buffalo Grove Road shall require modernization,
improvement, revision, replacement, major repai.rs, upgrading, and,/or
interconnection vrith adjoining traffic control signals. The VILLAGE
agrees that upon wri.tten notification from the couNTYr s superintendent of
ttighways, fifty percent (sOt) of all future costs for modernizati'on'
i:nlrovement, revi.si,on, up,grading, replacement, major repairs' and/or
j.nlerconnection vr.ith adjoining traffic control signals shall be the
responsibilitY of the VIILAGE.
18. The VILI,AGE agrees that in the event of the faiLure to comply with the
provisions as set forth in THIS AGREEI{ENT, the COUN'IY may perform the
duties set forth therej-n and invoice the VILLAGE for said costs plus
twenty-five 'percent (25?) of said costs' Persistent failure to complY
with Lhe Provj-sions as set forth in lttls AGREEI'IENT will authorize the
coUNTY tJgive preferential timing and sequencing for Aptakisic Road
traffic, to disconnect and/or remove the oPTIcou emergencY vehicLe
pre-emPtion system. or take any other action deemed appropriate by the
COUNTY.
The VILLAGE further agrees that any action taken by the CoUNfY pursuant to
this provision in which costs are incurred by the coUNTY, saiil costs shall
be reirbulsed to the coUNlY within thirty (30) alays of the receipt of an
invoice from CoUNTY by the VUJ.AGE at a rate not to exceed one hundreil
twenty-five percent (125t) of said costs.
19. It is m:tually agreed by and between the parties hereto that nothing
contained in THIS AGREEUENT j-s intended or shall be construed as in any
manner or form creating or establ-ishing a relationshiP of co-partners
between the parties hereto, or as constituting the VILLAGE ( inclutling i-ts
officers, employees. or agents ) the agent, rePresentative, or employee of
the coUNfY for any purpose, or in any manner, whatsoever. The VILLAGE is
to be and shall remain indepenalent of the coUNTY with resPect to alL
service performed under THIS AGREEI.IENT.
20. It is mutually agreed by and between the Parties hereto that the
provisions of TITIS AGREEI.{ENT are severable. If any Provisj.on, Paragraph,
section, subdivision, sentence, clause, phrase, or word of THIS AGREEI{ENT
is for any reason held to be contrary to Iaw, or contrarY to any rule or
reguJ.ati.on having the force and effect of law, such decision shall not
affect the remai-ning portions of THIS AGREEUENI.
21. ft is mutuall-y agreed by and between the parties hereto that the agreement
of the parti-es hereto is contained in THIS AGREEI{ENT and that THIS
AGREETTENT supersedes al} oral agreements and negotiations between the
parties hereto relating to the su.bject matter of THIS AGnEE!{ENT as well as
any previous agreements presently in effect between the Parties relating
to the subject matter of TIIIS AGREEI{ENT.
22. Tt is mutually agreed by and betvreen the parties hereto that nothing in
THIS AGREEUENT shatl be construed .in any manner or form to limit,
dj:ninish, or alter the power and authority of the coUNTY and its
Superintendent of Highvrays as provided by law relating to County Highways.
23. It is mutually agreed by and between the parties hereto that any
alterations, amendments, deletions, or waivers of the Provisions of THIS
AGREEI{ENT shall be valid only when expressed in writing and cluly signed by
both the coUNTY and the VILLAGE.
?-4 .THIS AGREEI.IENT and the covenants and provisions set forth herein shal]-
become null and voi,tl in the event the contract covering the construction
work contempJ-ated in THIS AGREEUENT is not awarded by January 1, 1991'
s\rbseguent to the award of the construction contract as contenPlated in
THIS AGREEUENT, THIS AGREEMENT and the provisions herein shall remai'n in
fuII force and effect for such a Period of time as the traffic control
signals and equiPment nith interconnect and the oPTIcoU emergencY vehicle
pre-emption system remains in use and operation'
\-. \/'! \r,/
25. THIS AGREEMENT shaLl be binding upon and inure to the benefit of the
parties hereto, their successors, anal assigns.
ATTEST :BUFFALO GROVE
O"**.7v1 .8-"!',"
cleik L-
ViIIage of Buffalo Grove
Lake County
Pres ident
Village of Buffalo Grove
Date: q'6'A
RECOMMENDED f'OR EXECUTION
Di tor of T ransPor tation/
Superintendent of Highways
Lake County
I,AKE
B
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Count
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STATE OF ILLINOIS
SS
COUNTYOFLAKE
COUNTY BOARD, COUNTY OT I.AKE, ILLINOIS
ANNUAI SEPTEUBER SESSION, A.D. 1989
TUESDAY, SEPTEMBER 12, 1989
MR. CHAIRMAN AND MEMBERS OF THE COUMY BOARD:
Yout Publlc Servlce CoEmi-ttee and Flnanclal and Adnlnis-
tratlve Comlttee preseot hererd-th a resolution provldlng for the
executlon of a jolnt agreement betrreen the Vlllage of Buffalo Grove
and the County of Lake for the lnstallatlon of trafflc control signals
wlth an Opticom Energency Vehlcle Pre-Enptlon Systeo at the lntersectlon
of Aptaklsic Road (County ltlShway 33) and Buffalo Grove Road and
designated as Sectlon 88-00088-06-EG. Ttls Resolutlon also appro-
prlates $7,000.00 lo t'tatchlng Tax funds for the Countyrs cost of chis
lmprovement .
We REC0MMEM adoptlon of this Resolutlon.
Respectfully submitted
hai
County Clerk
County Board
CoEptroller
Treasurer
Transportation (4) cert.
Vice-Cha n
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Vice-Chairrnan
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Vt*-'--c'
Public Service Conmittee
Flnancl al & Admt i6tratlve C
SEP l2 l9B9 App,?rJt,tD
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Agenda ltem # 33
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RESOLUTION
WHEREAS, the free flow of traffic at the lntersection of AptakLslc
Road (County Highway 33) and Buffalo Grove Road is beneflclal to the
safety and rtrelfare of the State of Illinois and to the County as a whole;
and
I.JXEREAS, the County of Lake and the Village of Buffalo Grove l-n
order to facllltate the free flow of traffic at the intersectlon of
Aptaklslc Road and Buffalo Grove Road deslre to lmprove sald lntersectlon
by lnstalllng ln pennanent traffic control signals sald inprovement deslg-
nated as Sectlon 88-00088-06-EG; and
ffiiEREAS, the Vlllage of Buffalo Grove ls deslrous to lnclude' as
part of Sectlon 88-00088-06-EG, an Opticon Emergency Vehlcle Pre-Eoptlon
SysteE ln the trafflc control slgnals and equlpDent; and
WIiEREAS, sald optlcon Emergency Vehicle Pre-Eoptlon SysteD w111 be
of lmedtate benafit to the Vlllage of Buffalo Grove and to the County
as a whole and wlLl be peroanent tn nature; and
WI{EREAS, the County and the Village of Buffalo Grove are desirous
of enterl-ng lnto ao agreement for the above Proposed improvement, saLd
agreement attached hereto and setting forth the terns and obLlgatlons
to each agency.
NOW, TITERETORE BE IT RESoLVED thar the Chalrman of the county Board
and the County Clerk of the County of Lake, State of Illinois be authorized
and they are hereby dlrected, to execute an agre.ient pertainlng !o the
flnanclng of the above-named lnprovement ' Providing in the opinlon of the
Public Servlce Conmlttee said agreeuent 1n its final forur substantially
conforros to the draft attached hereto. The Director of Transportatlon
shall transrnlt ln wrlting the final agreement to be executed by the
Chalrroan of the Lake County Board and the County Clerk.
BE IT FURTHER RESOLVED that there ls hereby aPPropriated $7,000.00
ln Uatchlng Tax funds for the cost of this improvenent.
Dated at Haukegan, Illlnols,
this 12th day of September 1989.
_l