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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 u 1 Count Da 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 ) ) ) l a Vice-Chairrnan O,?LZ*'rU--..*--==, Vt*-'--c' Public Service Conmittee Flnancl al & Admt i6tratlve C SEP l2 l9B9 App,?rJt,tD Cr:; tl,.::11 :r,1 ;i.-tt (. cou-,1t,, '..,r;-'l;;: ..:: _.ri l!r:.c:s:; i ir,.;c,l )2- C af ourty Cjert ,/ ( iV,.rk!- tEee Agenda ltem # 33 1" Z€a t .c-a,.: s / \J \J 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