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2000-26RESOLUTION NO. 2000- 26 A RESOLUTION APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF THE BUFFALO GROVE ROAD AND THOMPSON BOULEVARD TRAFFIC SIGNAL WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to cause the implementation of the Buffalo Grove Road and Thompson Boulevard Traffic Signal; and, WHEREAS, the approval of an Agreement with Lake County is required in order to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, that the President and Clerk be, and they are hereby authorized and directed to execute the necessary Agreement for construction. A copy of said Agreement is attached hereto and made a part hereof. AYES: 5 — Marienthal, Braiman, Hendricks, Glover, Berman NAYES ABSENT: 0 — None PASSED: April 17 2000 APPROVED: April 17 2000 APPROVED: Village President ATTEST: Villa"geClerk GAENGINEER \0RD\Res00 -3.doc o p AGREEMENT BETWEEN THE COUNTY OF LAKE AND THE VILLAGE OF BUFFALO GROVE FOR THE INSTALLATION COSTS, ROADWAY COSTS, MAINTENANCE COSTS, ENERGY COSTS AND FUTURE COSTS ASSOCIATED WITH THE NEW TRAFFIC CONTROL SIGNALS AND EQUIPMENT WITH INTERCONNECT AND AN EMERGENCY VEHICLE PRE - EMPTION SYSTEM AT THE INTERSECTION OF BUFFALO GROVE ROAD (COUNTY HIGHWAY 16) AND THOMPSON BOULEVARD THIS AGREEMENT entered into this day of A1#94 , A.D., 20(x, by and between the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chairman and County Board, hereinafter referred to as the COUNTY; and the VILLAGE OF BUFFALO GROVE, Illinois, an Illinois Municipal Corporation, acting by and through its Village President and Village Board, hereinafter referred to as the VILLAGE. WITNESSETH WHEREAS, the VILLAGE, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, is desirous of the COUNTY to assist in making certain improvements to Buffalo Grove Road (County Highway 16) at its intersection with Thompson Boulevard. Said improvements shall include widening each approach of Thompson Boulevard to accommodate a designated left turn lane, a tapered widening of the southbound through lane on the south approach of Buffalo Grove Road, the installation of traffic control signals and equipment with interconnect and an emergency vehicle pre - emption system, and performing all other work necessary to complete the improvements in accordance with the approved plans and specifications (hereinafter referred to as the COUNTY IMPROVEMENT). Said COUNTY IMPROVEMENT shall be known as COUNTY Section 00- 00249- 02 -TL. WHEREAS, the VILLAGE has jurisdictional authority over Thompson Boulevard; and, WHEREAS, the VILLAGE has indicated its willingness to enter into an agreement with the COUNTY regarding the installation costs, roadway costs, maintenance costs, energy costs and future costs associated with the new traffic control signals and equipment with interconnect and an emergency vehicle pre - emption system at the intersection of Buffalo Grove Road and Thompson Boulevard; and, WHEREAS, said improvement as heretofore described will be of immediate benefit to the residents of the VILLAGE and the COUNTY and will be permanent in nature; - 1 - O a NOW, THERFORE, for and in consideration of the mutual covenants contained herein, made and pursuant to all applicable statutes, local ordinances and authority, the COUNTY and the VILLAGE do hereby enter into the following: 1. It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. 2. It is mutually agreed by and between the parties hereto that the COUNTY's County Engineer in consultation with the VILLAGE shall determine the exact nature, scope and limits of the proposed improvement. 3. The VILLAGE agrees to prepare, or cause to be prepared, all necessary surveys, traffic studies, design engineering plans, right -of -way /easement documents (if needed), secure any and all permits and /or approvals that may be required, construction plans, specifications and estimates, and construction contract letting documents in accordance with the Illinois Department of Transportation (hereinafter referred to as IDOT) County Level Motor Fuel Tax (hereinafter referred to as County Level MFT) requirements and policies and the standards and requirements as established by the COUNTY's Division of Transportation. 4. The VILLAGE agrees to pay, or cause to be paid, with no reimbursement from the COUNTY, one hundred percent (100 %) of the costs for said surveys, traffic studies, design engineering plans, preparation and recording of right -of -way /easement documents, securing of required permits and /or approvals and construction plans and specifications. 5. The VILLAGE agrees to acquire and pay one hundred percent (100 %) of the costs, with no reimbursement from the COUNTY, for any right -of -way and /or easements that may be required to implement the improvement as heretofore described. 6. The VILLAGE agrees to convey and transmit to the COUNTY's County Engineer, for review and approval, all surveys, preliminary engineering studies, final engineering plans, specifications and estimates, approvals and permits, construction contract letting documents, plats of easement, plats of right -of -way, easement and right -of -way acquisition documents and any other documents prepared or obtained for said improvement. The VILLAGE further agrees to certify in writing to the COUNTY's County Engineer that all right -of -way and easements have been acquired and all documents have been recorded. Said certification shall be delivered to the COUNTY's County Engineer thirty (30) days prior to letting of construction. The VILLAGE further agrees to transmit to the COUNTY's County Engineer the approved design engineering plans, construction plans and specifications and copies of all recorded right -of -way and /or easements documents. 7. VILLAGE agrees to reimburse the COUNTY for one hundred percent (100 %) of the construction costs for all roadway work performed on the east and west approach legs of Thompson Boulevard. -2- The VILLAGE further agrees to reimburse the COUNTY for fifty percent (50 %) of the costs for the traffic control signals and equipment with interconnect and one hundred percent (100 %) of the costs for the emergency vehicle pre - emption system. The VILLAGE further agrees to reimburse the COUNTY for one hundred percent (100 %) of the costs for any non - roadway work items such as, but not limited to, sidewalk removal or relocation, utility relocations, street lights, bike paths and landscaping. 8. The VILLAGE agrees that upon award of the construction contract, the VILLAGE will pay to the COUNTY within thirty (30) days of the receipt of an invoice from the COUNTY, in a lump sum based on awarded contract unit prices, an amount equal to ninety -five percent (95 %) of its obligation incurred under THIS AGREEMENT for the construction costs of the COUNTY IMPROVEMENT. The VILLAGE further agrees to pay to the COUNTY the remaining five percent (5 %) of its obligation incurred under THIS AGREEMENT for the COUNTY IMPROVEMENT. Payment to the COUNTY shall be in a lump sum, within thirty (30) days of the receipt of an invoice from the COUNTY, upon completion of construction of the COUNTY IMPROVEMENT, based on final costs and final contract quantities at contract unit prices for actual work performed. 9. The VILLAGE agrees that upon completion of the improvement, the traffic control signals and equipment with interconnect and the emergency vehicle pre - emption system shall become the sole and exclusive property of the COUNTY. The VILLAGE further agrees that the COUNTY shall have the sole and exclusive right and authority to control, operate, and regulate the sequence and all other aspects of the timing of the traffic control signals and equipment with interconnect and the emergency vehicle pre - emption system. 10. The VILLAGE agrees to pay one hundred percent (100 %) of all energy costs required for the use and operation of said traffic control signals and equipment with interconnect and the emergency vehicle pre - emption system. Said energy costs shall be paid directly to the utility providing the energy for said traffic control signals and equipment and the emergency vehicle pre - emption system. 11. The VILLAGE agrees to reimburse the COUNTY for fifty percent (50 %) of all costs for the repair, replacement, and maintenance and all other work performed for the traffic control signals and equipment with interconnect exclusive of the emergency vehicle pre- emption system. The VILLAGE further agrees to reimburse the COUNTY for one hundred percent (100 %) of all costs for the repair, replacement, maintenance and all other work performed for the emergency vehicle pre - emption system. -3- p o The VILLAGE further agrees that the COUNTY's electrical maintenance contractor, as well as any maintenance prices, may change at any time without prior written notice to the VILLAGE. The VILLAGE further agrees payment to the COUNTY shall be in a lump sum amount within thirty (30) days of the receipt of invoice billings from the COUNTY. The VILLAGE further agrees that the COUNTY has the authority to disconnect and /or remove the emergency vehicle pre - emption system in the event that the VILLAGE does not pay the maintenance costs and future costs as stipulated in THIS AGREEMENT for said emergency vehicle pre - emption system. 12. It is mutually agreed by and between the parties hereto that from time to time said traffic control signals and equipment with interconnect and the emergency vehicle pre - emption system shall require modernization, improvement, revision, replacement, major repairs, upgrading, and /or interconnection with adjoining traffic control signals. The VILLAGE further agrees that upon written notification from the COUNTY's County Engineer, the VILLAGE shall pay fifty percent (50%) of the future costs for the modernization, improvement, revision, upgrading, replacement, major repairs, and /or interconnection with adjoining traffic control signals. The VILLAGE payment to the COUNTY for said future costs shall be made in accordance with the provisions as determined by the COUNTY'S County Engineer at such time as said future work is undertaken. The VILLAGE further agrees that upon written notification from the COUNTY's County Engineer, the VILLAGE shall pay one hundred percent (100 %) of the future costs for the modernization, improvement, revision, upgrading, replacement, major repairs, and /or interconnection with adjoining traffic control signals as they relate to the emergency vehicle pre - emption system. The VILLAGE payment to the COUNTY for said future costs shall be made in accordance with the provisions as determined by the COUNTY'S County Engineer at such time as said future work is undertaken. 13. COUNTY agrees that the COUNTY's County Engineer shall review and, upon satisfactory completion of the design engineering plans, approve said design engineering plans, right - of -way /easement documents (if any), construction contract plans and specifications. The COUNTY further agrees that the COUNTY's County Engineer shall review, in a timely manner, all submittals as set forth heretofore and that the approvals of said submittals shall not be unreasonably withheld. 14. The COUNTY agrees, upon approval of the design engineering plans, receipt of certifications from the VILLAGE that all right -of -way and /or easements have been secured and duly recorded, and construction plans and specifications, to advertise for and receive bids, hold a public letting and award the construction contract in accordance with the IDOT County Level MFT requirements and policies and the policies as established by the COUNTY. -4- 0 0 15. The COUNTY agrees to provide, or cause to be provided, the necessary construction engineering supervision in accordance with the IDOT County Level MFT requirements and policies. 16. The COUNTY agrees to pay, or cause to be paid, with no reimbursement from the VILLAGE, one hundred percent (100 %) of the costs for the construction engineering supervision. 17. The COUNTY agrees to maintain, or cause to be maintained, the traffic control signals and equipment with interconnect and the emergency vehicle pre - emption system subject to reimbursement by the VILLAGE as heretofore stipulated. 18. The VILLAGE agrees, upon completion of the installation of the emergency vehicle pre- emption system at the intersection of Buffalo Grove Road and Thompson Boulevard, to indemnify, defend and hold harmless the COUNTY, its elected officials, its duly appointed officials, agents, employees, and representatives, and the COUNTY's Division of Transportation, its duly appointed officials, agents, employees, and representatives from and against any and all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgements, and demands (collectively referred to hereinafter as "claims ") arising from and relating to the existence, the use, the operation and disconnection or removal of said emergency vehicle pre - emption system. The VILLAGE further agrees to pay all damages, judgements, settlements, costs and expenses incurred by the COUNTY, including attorneys' fees and court costs, in connection with or resulting from such claims against the COUNTY. 19. The VILLAGE agrees that by executing THIS AGREEMENT, the VILLAGE concurs in the award of the construction contract by the COUNTY in accordance with the standard policies and procedures as adopted and used by the COUNTY. 20. It is mutually agreed by and between the parties hereto that THIS AGREEMENT shall not be construed, in any manner or form, to limit the power or authority of the COUNTY or the COUNTY's County Engineer to maintain, operate, improve, construct, reconstruct, repair, manage, widen or expand COUNTY highways as may be best determined as provided by law. 21. It is mutually agreed by and between the parties hereto that nothing contained in THIS AGREEMENT is intended or shall be construed as in any manner or form creating or establishing a relationship of co- partners between the parties hereto, or as constituting the VILLAGE (including its elected officials, duly appointed officials, officers, employees and agents), the agent, representative or employee of the COUNTY for any purpose or in any manner, whatsoever. The VILLAGE is to be and shall remain independent of the COUNTY with respect to all services performed under THIS AGREEMENT. 22. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other party and agrees that (1) THIS AGREEMENT is executed by duly -5- o a authorized agents or officers of such party and that all such agents and officers have executed the same in accordance with the lawful authority vested in them pursuant to all applicable and substantive requirements; (2) THIS AGREEMENT is binding and valid and will be specifically enforceable against each party; and, (3) THIS AGREEMENT does not violate any presently existing provisions of law nor any applicable order, writ, injunction or decree of any county or government department, commission, board, bureau, agency or instrumentality applicable to such party. 23. THIS AGREEMENT shall be deemed to take effect as of the date on which the duly authorized agents of the last of the parties hereto to execute THIS AGREEMENT affix their signatures. 24. THIS AGREEMENT shall be enforceable in any court of competent jurisdiction by each of the parties hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements and obligations contained herein 25. It is mutually agreed by and between the parties hereto that the Provisions of THIS AGREEMENT are severable. If any provision, paragraph, section, subdivision, clause, phrase or word of THIS AGREEMENT is 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 not affect the remaining portions of THIS AGREEMENT. 26. It is mutually agreed by and between the parties hereto that the agreement of the parties hereto is contained herein and that THIS AGREEMENT supersedes all oral agreements and negotiations between the parties hereto relating to the subject matter hereof. 27. It is mutually agreed by and between the parties hereto that any alterations, amendments, deletions, or waivers of any provision of THIS AGREEMENT shall be valid only when expressed in writing and duly executed by the parties hereto. 28. THIS AGREEMENT may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. 29. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Neither party hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its duties, obligations and/or responsibilities as heretofore set forth in THIS AGREEMENT without first obtaining the expressed written consent and permission of the other party to THIS AGREEMENT. 30. THIS AGREEMENT shall remain in full force and effect for such a period of time as the traffic control signals and equipment with interconnect and the emergency vehicle pre- emption system remains in place, in use, and in operation at the intersection of Buffalo Grove Road and Thompson Boulevard. 31. THIS AGREEMENT shall be considered null and void in the event that the construction contracts covering the improvements contemplated herein are not awarded by January 1, 2005. VILLAGE OF BUFFALO GROVE ATTEST: By: r�u Village President Villg �lerk Village of Buffalo Grove Village of Buffalo Grove ATTEST: Clerk Lake County Date: qh 7 /0 0 RECOMMENDED FOR EXECUTION Lake y County Engineer/Director of Transportation COjC OF L By: i an Lake County Board Date: <:S-- — on -7- 0 Buffalo Grove Rd. @ ThompW40M., Village of Buffalo Grove Agr8 i . S OF n 'r l l Agenda Item # trm OF COU TY APR 11 2000 APPROVED CERTIFICATION NOT VALID UNLESS SEAL STATE OF ILLINOIS) OF pLAKE COUNTY, ILLINOIS IS AFFIXED ) SS , County Clerk COUNTY OF LAKE ) County Board County Administration Director of Finance Transportation (2) cert. COUNTY BOARD, LAKE COUNTY, ILLINOIS ADJOURNED REGULAR SEPTEMBER A.D. 1999 SESSION APRIL 11, A.D. 2000 MR. CHAIRMAN AND MEMBERS OF THE COUNTY BOARD: Your Public Works and Transportation Committee and Financial and Administrative Committee present herewith a resolution authorizing the Chairman of the County Board, the County Clerk and the County Engineer to execute an agreement between Lake County and the Village of Buffalo Grove for the installation of permanent traffic control signals and equipment with interconnect and an emergency vehicle pre - emption system at the intersection of Buffalo Grove Road (County Highway 16) and Thompson Boulevard and designated as Section 00- 00249- 02 -TL. We RECOMMEND adoption of this Resolution. Public Works and Transportation Committee fully submitted, Chairman A tee Roll Call Vote Ayes 20, Nays 0 P - - RESOLUTION 1E WHEREAS, Buffalo Grove Road (County Highway 16) is a designated route on the County Highway system; and WHEREAS, the free flow of traffic along Buffalo Grove Road is beneficial to the safety and welfare of Lake County and the Village of Buffalo Grove; and WHEREAS, Lake County and the Village of Buffalo Grove believe it would be beneficial to the safety and welfare of the motoring public if the intersection of Buffalo Grove Road and Thompson Boulevard could be improved by the installation of permanent traffic control signals and equipment with interconnect and an emergency vehicle pre - emption system; and WHEREAS, Lake County and the Village of Buffalo Grove are desirous of entering into an agreement for the above proposed improvement setting forth the terms and obligations to each agency. NOW, THEREFORE BE IT RESOLVED that the Chairman of the County Board, the County Clerk and the County Engineer of Lake County be authorized, and they are hereby directed to execute an agreement pertaining to the financing of the above named improvement, providing in the opinion of the Public Works and Transportation Committee, if necessary, said agreement in its final form substantially conforms to the draft attached hereto. The County Engineer shall transmit in writing the final agreement to be executed by the Chairman of the Lake County Board and the County Clerk. Dated at Waukegan, Illinois this 1 Vh day of April 2000