2003-11RESOLUTION 2003 -j_L_
A RESOLUTION AUTHORIZING THE EXECUTION OF A
MASTER AGREEMENT BETWEEN THE COUNTY OF
LAKE AND THE VILLAGE OF BUFFALO GROVE REGARDING
THE MAINTENANCE COSTS, CONSTRUCTION INSTALLATION COSTS AND
FUTURE WORK COSTS ASSOCIATED WITH EMERGENCY
VEHICLE PRE- EMPTION SYSTEMS INSTALLED ON TRAFFIC CONTROL
SIGNALS AND EQUIPMENT UNDER THE JURISDICTION
OF THE COUNTY OF LAKE
WHEREAS, the Village of Buffalo Grove has determined it is in the interest of public safety
to enter into an agreement with Labe County Department of Transportation for the installation of
traffic signal pre - emption equipment;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, IL., THAT:
1. The Village President is authorized to enter into said Master Agreement, attached and made a
part of this Resolution as Exhibit A;
2. The Village Manager is authorized to forward said agreement to the County of Lake for
execution.
AYES: 6 - Braiman, Glover,, Berman, Johnson, Kahn, Trilling
NAYS: 0 — None
ABSENT: 0 — None
ABSTAIN: 0 — None
PASSED: February 18, 2003 APPROVED: February 18, 2003
VILLAGE PRESIDENT
ATTEST:
> Vv'�,
GE CLERK
MASTER AGREEMENT
BETWEEN THE COUNTY OF LAKE AND
THE VILLAGE OF BUFFALO GROVE
REGARDING THE MAINTENANCE COSTS,
CONSTRUCTION INSTALLATION COSTS AND
FUTURE WORK COSTS ASSOCIATED WITH EMERGENCY VEHICLE
PRE - EMPTION SYSTEMS INSTALLED ON TRAFFIC CONTROL
SIGNALS AND EQUIPMENT UNDER THE JURISDICTION OF
THE COUNTY OF LAKE
THIS MASTER AGREEMENT entered into this , day of 901� ,
A.D. 20 0-*-3 , by and between the COUNTY OF LAKE, Illinois, an Illinois 4aody politic and
corporate, acting by and through its Chair and County Board, hereinafter referred to as the
COUNTY, and the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation,
acting by and through its Village President and Board of Trustees, hereinafter referred to as the
VILLAGE.
WITNESSETH
WHEREAS, the COUNTY has jurisdiction over the traffic control signals and
equipment at the intersections equipped with emergency vehicle pre - emption systems
(hereinafter referred to as EVPS) listed in EXHIBIT A of THIS MASTER AGREEMENT that
are located within the VILLAGE's area of jurisdiction. Said EXHIBIT A by reference herein is
hereby made a part hereof, and,
WHEREAS, the VILLAGE is desirous to own, operate, maintain and be solely
responsible for the EVPS at the intersections listed in EXHIBIT A; and,
WHEREAS, the existence and continually increasing number of locations where said
EVPS are in use and operation has resulted in the need for THIS MASTER AGREEMENT
between the COUNTY and the VILLAGE to define the specific duties and responsibilities for
the maintenance costs, construction installation costs and FUTURE WORK (as defined in
Provision #7) costs associated with said EVPS; and,
WHEREAS, the VILLAGE is desirous to enter into THIS MASTER AGREEMENT
with the COUNTY regarding the maintenance costs, construction installation costs and FUTURE
WORK costs associated with said EVPS; and,
WHEREAS, there currently exists one or more individual agreements (hereinafter
referred to as the "PRIOR AGREEMENTS ") that relate to the maintenance costs, the
construction installation costs, and future costs associated with the EVPS as part of the traffic
control signals and equipment at the intersections listed in EXHIBIT A; and,
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WHEREAS, THIS MASTER AGREEMENT and the duties and responsibilities as set
forth herein shall, upon its approval and execution by the parties hereto, take the place of and
supersede the duties and responsibilities set forth in the PRIOR AGREEMENTS;
NOW, THEREFORE, 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 THIS MASTER
AGREEMENT and the duties and responsibilities as set forth herein shall take the place
of and supersede the duties and responsibilities as contained in the PRIOR
AGREEMENTS.
3. It is mutually agreed by and between the parties hereto that from time to time the
COUNTY, acting by and through its County Engineer, or the VILLAGE, acting by and
through its designated authority, may add to or delete from the list of signalized
intersections equipped with EVPS contained in EXHIBIT A of THIS MASTER
AGREEMENT. The COUNTY's County Engineer and the VILLAGE's designated
authority must mutually agree to any addition to or deletion from the list of signalized
intersections equipped with EVPS listed in EXHIBIT A except as provided for
hereinafter in Provision #7 or Provision #10 of THIS MASTER AGREEMENT. The
COUNTY's County Engineer shall provide forty-five (45) days written notice to the
VILLAGE of the effective date of any additions or deletions to EXHIBIT A for any
additions or deletions that may be agreed upon pursuant to this Provision. The
VILLAGE, within thirty (30) days of the effective date of THIS MASTER
AGREEMENT shall notify the COUNTY's County Engineer in writing of the name and
position of its designated authority.
4. The VILLAGE agrees to reimburse the COUNTY for one - hundred percent (100 %) of
any and all construction installation costs, including design engineering and construction
engineering supervision costs, incurred by the COUNTY, associated with the installation,
removal, re- installation, relocation and/or modification of any EVPS at any intersections
listed in EXHIBIT A that are not provided for in the PRIOR AGREEMENTS.
The VILLAGE further agrees to reimburse the COUNTY for one - hundred percent
(100 %) of any and all outstanding invoices and balances for maintenance costs or other
routine and typical costs that may be due the COUNTY pursuant to the PRIOR
AGREEMENTS that relates to any existing EVPS at any intersection listed in EXHIBIT
A prior to the effective date of THIS MASTER AGREEMENT.
5. The VILLAGE agrees to cause the EVPS to be maintained in proper operational
condition and pay one - hundred percent (100 %) of all maintenance costs related to the
EVPS, with no reimbursement from the COUNTY, at the intersections listed in
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EXHIBIT A. Said maintenance for the EVPS shall include, but not be limited to, the
phase selector, field wiring, optical detectors, confirmation beacons, and cabinet
appurtenances related to the EVPS.
The VILLAGE further agrees that said maintenance of the EVPS at the locations listed in
EXHIBIT A shall only be performed by the then current COUNTY's traffic signal
maintenance contractor.
6. The VILLAGE agrees to pay said EVPS maintenance costs directly to the COUNTY's
traffic signal maintenance contractor on a time - and - materials basis in accordance with the
provisions contained in the COUNTY's traffic signal maintenance contract that is in
place at such time as said maintenance work is performed. The COUNTY agrees to use
its best efforts in its communications with its traffic signal maintenance contractor that all
maintenance costs related to EVPS will be reasonable and customary, and in non -
emergency situations, routine maintenance work will be performed during normal
working hours. However, the VILLAGE agrees that it is solely responsible for
interacting directly with the COUNTY's traffic signal maintenance contractor as it relates
to the maintenance of the EVPS, the timing of any maintenance work performed, and all
maintenance costs related to the EVPS that may be incurred.
The VILLAGE further agrees that in the event of any failure and/or malfunction of the
EVPS that adversely affects the normal operating functions of any traffic control signal
and equipment at intersections listed in EXHIBIT A shall be deemed by the COUNTY as
an emergency situation, and that the COUNTY has the authority to direct its traffic signal
maintenance contractor to perform the minimum necessary maintenance on the EVPS,
inclusive of disconnecting or removing the EVPS, to restore normal operations to the
traffic signal and equipment. The VILLAGE agrees all costs incurred related to the
EVPS in such an emergency situation as described herein shall be borne by the
VILLAGE with no reimbursement from the COUNTY. The COUNTY agrees to notify
the VILLAGE as soon as practical of any emergency situation and the actions taken by
the COUNTY's traffic signal maintenance contractor.
From time to time the COUNTY's traffic signal maintenance contractor will change. The
VILLAGE further agrees that by executing THIS MASTER AGREEMENT, the
VILLAGE concurs in the award by the COUNTY of the traffic signal maintenance
contract to the responsible traffic signal maintenance contractor in accordance with the
standard policies and procedures as adopted and used by the COUNTY. The COUNTY
agrees to notify the VILLAGE of the change of the COUNTY's traffic signal
maintenance contractor and the effective date of the change.
7. It is mutually agreed by and between the parties hereto that from time to time the traffic
control signals and equipment, inclusive of the EVPS at the intersections listed in
EXHIBIT A, shall require modernization, improvement, revision, replacement, major
repairs, upgrading, and/or interconnection with adjoining traffic control signals
(hereinafter referred to as FUTURE WORK). The COUNTY agrees, in non - emergency
situations, that the COUNTY's County Engineer shall provide written notification to the
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VILLAGE which shall include the estimated cost of the FUTURE WORK as it relates to
the EVPS. The VILLAGE agrees, within forty -five (45) days of the receipt of said
written notice from the COUNTY's County Engineer, to respond in writing to the
COUNTY's County Engineer of its intention to financially participate or not participate
in any of the FUTURE WORK as it relates to the EVPS. In the event that the VILLAGE
agrees to financially participate, the VILLAGE shall pay one - hundred percent (100 %) of
all costs for said FUTURE WORK as said costs relate to the EVPS. Said FUTURE
WORK costs shall include the design engineering, construction engineering supervision,
EVPS equipment costs, and all EVPS installation costs. The VILLAGE'S payment to the
COUNTY for said FUTURE WORK costs related to the EVPS 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 in the event it does not agree to financially participate
in the costs related to the EVPS as said costs would relate to the FUTURE WORK, the
COUNTY has the authority to remove and/or disconnect the EVPS at those locations
where the FUTURE WORK is contemplated upon the commencement of such FUTURE
WORK. The VILLAGE further agrees that at those intersections listed in EXHIBIT A
where said FUTURE WORK is contemplated and the VILLAGE has indicated it will not
financially participate in any costs related to the EVPS, said intersections shall be
removed from the list of intersections in EXHIBIT A by the COUNTY's County
Engineer upon commencement of the FUTURE WORK. The COUNTY's County
Engineer shall provide written notification to the VILLAGE of the removal of said
intersections listed in EXHIBIT A.
8. The COUNTY agrees that the EVPS is the sole and exclusive property of the VILLAGE.
In the event that the EVPS is disconnected or removed from any traffic control signal and
equipment listed in EXHIBIT A pursuant to Provision #3, Provision #7, or Provision #10
of THIS MASTER AGREEMENT, or any EVPS is changed due to FUTURE WORK,
the COUNTY, where practical, agrees to return, or cause to be returned, to the VILLAGE
the EVPS equipment that has been removed or replaced. Any costs related to the EVPS
for any removal and disconnection pursuant to Provision #3, Provision #7, or Provision
#10 of THIS MASTER AGREEMENT shall be the sole responsibility of the VILLAGE
with no reimbursement from the COUNTY.
9. The VILLAGE agrees that the COUNTY shall have the sole and exclusive right to
control, operate, and regulate the sequence and all other aspects of the timing of the
traffic control signals and equipment inclusive of the EVPS.
10. The VILLAGE agrees that the COUNTY has the authority to disconnect and/or remove
the EVPS at any or all of the intersections listed in EXHIBIT A in the event that the
VILLAGE does not pay the maintenance costs, the construction installation costs and/or
the FUTURE WORK costs as stipulated in THIS MASTER AGREEMENT for said
EVPS. In the event that the EVPS at any intersection listed in EXHIBIT A is
disconnected and/or removed pursuant to this Provision, the COUNTY's County
Engineer shall provide written notification to the VILLAGE of such disconnection and/or
removal of the EVPS and the reason for said disconnection and/or removal. Said
notification shall also serve as notice to the VILLAGE that the intersection has also been
removed from the list of intersections in EXHIBIT A. The disconnection and/or removal
of the EVPS at any intersection listed in EXHIBIT A, and the removal of the intersection
from the list in EXHIBIT A shall only follow reasonable efforts by the COUNTY's
County Engineer to resolve any failure of the VILLAGE to perform its duties and
responsibilities as set forth in this Provision and THIS MASTER AGREEMENT.
11. 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 MASTER AGREEMENT is
executed by duly 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 MASTER
AGREEMENT is binding and valid and will be specifically enforceable against each
party; and, (3) THIS MASTER AGREEMENT does not violate any presently existing
provisions of law nor any applicable order, writ, injunction or decree of any court or
government department, commission, board, bureau, agency or instrumentality applicable
to such party.
12. It is mutually agreed by and between the parties hereto that THIS MASTER
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, manage, construct, reconstruct, repair, widen or expand COUNTY Highways,
inclusive of traffic control signals and equipment as best determined as provided by law.
13. It is mutually agreed by and between the parties hereto that nothing contained in THIS
MASTER 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
MASTER AGREEMENT.
14. THIS MASTER AGREEMENT shall be deemed to take effect on March 1, 2003
provided the duly authorized agents of the parties hereto duly execute THIS MASTER
AGREEMENT by affixing their signatures prior to March 1, 2003. In the event the date
that the last authorized agent of the parties hereto affix their signature to THIS MASTER
AGREEMENT is subsequent to March 1, 2003, the effective date of THIS MASTER
AGREEMENT shall then be the first day of the month which follows the date that the last
authorized agent of the parties hereto affixes their signature.
15. THIS MASTER AGREEMENT shall be enforceable in any court of competent
jurisdiction in Lake County 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,
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promises, covenants, agreements, duties, responsibilities and obligations contained
herein.
16. It is mutually agreed by and between the parties hereto that the Provisions of THIS
MASTER AGREEMENT are severable. If any provision, paragraph, section,
subdivision, clause, phrase or word of THIS MASTER 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 MASTER
AGREEMENT.
17. It is mutually agreed by and between the parties hereto that the agreement of the parties
hereto is contained herein and that THIS MASTER AGREEMENT supersedes all oral
agreements and negotiations between the parties hereto relating to the subject matter
hereof.
18. It is mutually agreed by and between the parties hereto that any alterations, amendments,
deletions, or waivers of any provision of THIS MASTER AGREEMENT shall be valid
only when expressed in writing and duly executed by the parties hereto except as
heretofore provided for in Provision #3, Provision #7, or Provision #10 of THIS
MASTER AGREEMENT.
It is further mutually agreed by and between the parties hereto that any written
communications required in THIS MASTER AGREEMENT shall be conducted through
the regular U.S. mail delivery as follows:
To the COUNTY:
County Engineer
Lake County Division of Transportation
600 West Winchester Road
Libertyville, Illinois 60048
Or the most current mailing address
To the VILLAGE:
Village President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Or the most current mailing address
19. THIS MASTER AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns. The VILLAGE shall not 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 MASTER
M
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AGREEMENT without first obtaining the expressed written consent and permission of
the COUNTY.
20. THIS MASTER AGREEMENT may be executed in multiple identical counterparts, and
all of said counterparts shall, individually and taken together, constitute THIS MASTER
AGREEMENT. However, as EXHIBIT A may, from time to time, be changed to reflect
any additions or deletions pursuant to Provision #3, Provision #7, and Provision #10 of
THIS MASTER AGREEMENT, the COUNTY's County Engineer shall be solely
responsible for holding and maintaining the official copy of THIS MASTER
AGREEMENT.
21. THIS MASTER AGREEMENT shall remain in full force and effect for such a period of
time as any of the EVPS at the intersections listed in EXHIBIT A remain in place.
VILLAGE OF BUFFALO GROVE
ATTEST:
SJem4ary
Village of Buffalo Grove
ATTEST:
G
Clerk
Lake County
By:��"�/�
Village President
Village of Buffalo Grove
Date:
RECOMMENDED FOR EXECUTION
County Engineer/
Director of Transportation
COUNTY OF LAKE
By: t;�Z-4�
Chad
Lake Co Board
Date: , :;2 ��
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EXHIBIT A
The following is a list of signalized intersections maintained by the COUNTY that are
equipped with emergency vehicle pre - emption systems. Pursuant to Provision #3,
Provision #7, and Provision #10 of THIS MASTER AGREEMENT, the list contained
herein may be changed from time to time.
INTERSECTION LOCATION
Aptakisic Road at Barclay Boulevard
Aptakisic Road at Buffalo Grove Road
Aptakisic Road at Prairie Road
Aptakisic Road at Weiland Road
Arlington Heights Road at Checker Road
Buffalo Grove Road at Old Checker Road
Buffalo Grove Road at Port Clinton Road
Buffalo Grove Road at Thompson Boulevard
Deerfield Parkway at Buffalo Grove Road
Deerfield Parkway at Busch Parkway
Deerfield Parkway at Commerce Court
Deerfield Parkway at Weiland Road
Weiland Road at Aptakisic -Tripp School
Weiland Road at Pauline Avenue
EFFECTIVE DATE EFFECTIVE DATE
ADDED REMOVED
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
April 1, 2003
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Emergency Vehicle Preemption, Master Agreement:
Village of Buffalo Grove
STATE OF ILLINOIS )
) SS
COUNTY OF ILLINOIS )
i
Agenda Item # 20 2
County Administrator
Transportation (2) cert.
Central Services (2) cert.
COUNTY BOARD, LAKE COUNTY, ILLINOIS
ADJOURNED REGULAR SEPTEMBER, A.D. 2002 SESSION
MARCH 11, A.D. 2003
MADAM CHAIR AND MEMBERS OF THE COUNTY BOARD:
Your Public Works and Transportation Committee and Financial and Administrative
Committee present herewith a resolution authorizing the Chair of the County Board, the County
Clerk, and the County Engineer to execute a master agreement between Lake County and the
Village of Buffalo Grove regarding the maintenance costs, construction and installation costs,
and future costs associated with the emergency vehicle pre - emption systems installed within
current and future traffic control signals under the jurisdiction of the Lake County Division of
Transportation.
We RECOMMEND adoption of this Resolution.
Public Works and Transportation Committee
CERTIFIED CORDS OF B COPY OF
RE
HE LAKE COUNTY
BOARD MEETING OF
MAR' 11 2003 APPROVED
CERTIFICAMUN NOT VALID UNLESS SEAL
OF LAKE COUNTY, ILLINOIS IS AFFIXED
d ", j r � County Clerk
Financial and Administrative
Committee
VOICE VOTE
•
RESOLUTION
WHEREAS, Lake County by and through its Division of Transportation has jurisdiction
and ownership of the traffic control signals and equipment at intersections equipped with
emergency vehicle pre - emption systems and located within the Village of Buffalo Grove's area
of jurisdiction; and
WHEREAS, by prior agreement between Lake County and the Village of Buffalo Grove,
the above -said emergency vehicle pre - emption systems were and are maintained at the expense
of the Village of Buffalo Grove; and
WHEREAS, Lake County and the Village of Buffalo Grove now desire to enter into a
master agreement providing the terms and conditions by which the Village of Buffalo Grove will
be financially responsible for the maintenance of the above -said emergency vehicle pre - emption
systems and any future emergency vehicle pre - emption systems that would be under the
jurisdiction of the Lake County Division of Transportation and within the village's area of
jurisdiction; and
WHEREAS, it is in the best interest of Lake County to authorize the County Engineer of
Lake County to include additional emergency vehicle pre - emption systems within future traffic
control signals, as may be warranted from time to time, and as under the jurisdiction of Lake
County within the master agreement between Lake County and the Village of Buffalo Grove.
NOW, THEREFORE BE IT RESOLVED BY this County Board of Lake County that
the Chair of the County Board, the County Clerk, and the County Engineer of Lake County,
Illinois, be authorized and they are hereby directed to execute a master agreement by which the
Village of Buffalo Grove will be financially responsible for the cost of the maintenance of the
existing emergency vehicle pre - emption systems at the above -said intersections 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 Chair of the Lake County Board,
and the County Clerk.
BE IT FURTHER RESOLVED that the County Engineer of Lake County is hereby
authorized to include within the above -said master agreement between Lake County and the
Village of Buffalo Grove additional emergency vehicle pre - emption systems within future traffic
control signals, as may be warranted from time to time, and that would be under the jurisdiction
of the Lake County Division of Transportation in accordance with the said master agreement.
BE IT FURTHER RESOLVED that the above said master agreement takes the place
of, and supersedes all prior agreements relative to the maintenance of emergency vehicle pre-
emption systems in accordance with the said master agreement.
Dated at Waukegan, Illinois
this 11th day of March 2003
0
� d La keCou my
74F
Emergency Vehicle Pre - Emption Systems
Maintenance Master Agreement
August 5, 2003
The Hon. Elliott Hartstein
Village President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Dear Village President Hartstein:
• Division of Transportation
Martin G. Buehler, P.E.
Director of Transportation /County Engineer
600 West Winchester Road
Libertyville, Illinois 60048 -1381
Phone 847 362 3950
Fax 847 362 5290
Please find enclosed two (2) original copies of the above referenced agreement for the Village's
files.
Very truly yours,
IV
Delmer H. Powell Jr. AICP
Director
Planning and Programming
DHP:jac
Enclosures