2006-05RESOLUTION NO. 2006-- s _
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
AMONG THE COUNTY OF LAKE AND THE VILLAGE OF ANTIOCH,
THE VILLAGE OF LAKE VILLA, THE VILLAGE OF ROUND LAKE BEACH, THE
VILLAGE OF GRAYSLAKE, THE VILLAGE OF LIBERTYVILLE, THE VILLAGE OF
MUNDELEIN, THE VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO
GROVE, AND THE VILLAGE OF WHEELING, FOR THE EQUALLY SHARED
COSTS FOR INITIAL WORK TOWARDS THE CREATION OF A QUIET CORRIDOR
ALONG THE CANADIAN NATIONAL RAILROAD
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and
WHEREAS, Article VII, Section 10 ofthe Illinois Constitution of 1970 and ILCS 220/1 et seq. authorize units
of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine
or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to
pay costs and to service debt related to intergovernmental activities; and
WHEREAS, the Village of Buffalo Grove, the County of Lake, the Village of Antioch, the Village of Lake
Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of Libertyville, the Village of Mundelein,
the Village of Vernon Hills and the Village of Wheeling ( "Parties ") are public agencies as that term is defined in the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, the Parties have agreed to participate in a study that will focus on evaluating current at-grade
railroad crossings along the Canadian National Railroad in order to propose engineering solutions for the creation of a
new Quiet Zone and/or Individual Quiet Zones.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. The Agreement entitled, "Intergovernmental Agreement Among the County of Lake and the Village
of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of
Libertyville, the Village of Mundelein, the Village of Vernon Hills, the Village of Buffalo Grove, and the
Village of Wheeling, for the Equally Shared Costs for Initial Work Towards the Creation of a Quiet Corridor
Along the Canadian National Railroad" related to undertaking a corridor quiet zone engineering study as set
forth in the Agreement is hereby approved.
Section 2. The Village President and Village Clerk are hereby authorized and directed to execute the
Agreement. A copy of said Agreement is attached hereto and made a part hereof.
AYES: 5 — Braiman, Berman, Kahn, Trilling, Rubin
NAPES: 0 — N
ABSENT: 1 — Glover
PASSED: March 6. 2006 APPROVED: Marc-.b 6, 2006
Vi
Villa lerk
Canadian National Q*Zone AL)reenlent
INTERGOVERNMENTAL AGREEMENT
AMONG THE COUNTY OF LAKE
AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA, THE
VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE
VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE
VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND
THE VILLAGE OF WHEELING, FOR THE EQUALLY SHARED COSTS FOR
INITIAL WORK TOWARDS THE CREATION OF A QUIET CORRIDOR
ALONG THE CANADIAN NATIONAL RAILROAD
THIS AGREEMENT entered into this , day of ,
A.D. 20 , by and among 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, the VILLAGE OF ANTIOCH, an Illinois Municipal Corporation,
acting by and through its Mayor and Board of Trustees, hereinafter referred to as
ANTIOCH, the VILLAGE OF LAKE VILLA, an Illinois Municipal Corporation, acting
by and through its Village President and Board of Trustees, hereinafter referred to as
LAKE VILLA, the VILLAGE OF ROUND LAKE BEACH, an Illinois Municipal
Corporation, acting by and through its Village President and Board of Trustees,
hereinafter referred to as ROUND LAKE BEACH, the VILLAGE OF GRAYSLAKE, an
Illinois Municipal Corporation, acting by and through its Village President and Board of
Trustees, hereinafter referred to as GRAYSLAKE, the VILLAGE OF LIBERTYVILLE,
an Illinois Municipal Corporation, acting by and through its Village President and Board
of Trustees, hereinafter referred to as LIBERTYVILLE, the VILLAGE OF
MUNDELEIN, an Illinois Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as MUNDELEIN, the VILLAGE
OF VERNON HILLS, an Illinois Municipal Corporation, acting by and through its
Village President and Board of Trustees, hereinafter referred to as VERNON HILLS, the
VILLAGE OF BUFFALO GROVE, an Illinois Home Rule Municipal Corporation,
acting by and through its Village President and Board of Trustees, hereinafter referred to
as BUFFALO GROVE, the VILLAGE OF WHEELING, an Illinois Municipal
Corporation, acting by and through its Village President and Board of Trustees,
hereinafter referred to as WHEELING. The COUNTY, ANTIOCH, LAKE VILLA,
ROUND LAKE BEACH, GRAYSLAKE, LIBERTYVILLE, MUNDELEIN, VERNON
HILLS, BUFFALO GROVE, and WHEELING are sometimes hereinafter referred to
individually as a "PARTY' and collectively as the "PARTIES The CANADIAN
NATIONAL RAILROAD corridor is sometimes hereinafter referred to as the
"CORRIDOR ".
WITNESSETH
WHEREAS, the Swift Rail Development Act of 1994, (Public Law No. 103 -440)
hereinafter referred to as the ACT, directed the Federal Railroad Administration,
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CanadIaii National Quo Zone � LYreement
hereinafter referred to as the FRA, to issue a rule, hereinafter referred to as the FINAL
RULE (70 Federal Register 21844 published April 27, 2005), mandating the sounding of
train horns at all public highway -rail crossings; and,
WHEREAS, said FINAL RULE includes provisions for the creation of quiet
corridors through the use of supplementary and alternative safety measures to avoid the
mandated sounding of train horns at highway -rail crossings; and,
WHEREAS, the ACT does not authorize any federal funds to implement said
quiet corridors included in the FINAL RULE; and,
WHEREAS, improvements at all highway -rail crossings in the CORRIDOR are
infeasible due to cost and/or the impracticalities of installation; and,
WHEREAS, the CORRIDOR shall consist of all at -grade crossings along the
Canadian National Railroad line from the Wisconsin border to, but not through, the
Village of Prospect Heights, Illinois, which include all of the PARTIES to THIS
AGREEMENT; and,
WHEREAS, the implementation of said FINAL RULE and the continuing
frequency at which train horns are heard has a negative impact on the quality of life of
the residents of the PARTIES; and,
WHEREAS, the PARTIES have determined it is desirous to pursue a cooperative
quiet corridor as a more cost effective and acceptable alternative to the mandatory
sounding of the train horns and/or the installation of supplemental and/or alternative
safety measures included in the FINAL RULE; and,
WHEREAS, the PARTIES hereto have agreed to participate equally in paying
for the initial work on the quiet corridor; and
WHEREAS, the initial work will focus on evaluating the current at -grade
railroad crossings along the CORRIDOR and proposing engineering solutions to create a
new Quiet Zone and/or Individual Quiet Zones; and,
WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois
of 1970 authorizes units of local government to contract, to exercise, combine, or transfer
any power or function not prohibited to them by law or ordinance; and,
WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS, 220/1 et
seq.) authorizes municipalities to exercise jointly with any public agency of the State,
including other units of local government, any power, privilege, or authority which may
be exercised by a unit of local government individually, and to enter into contracts for the
performance of governmental services, activities, and undertakings.
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Canadian National
Qt Zone AZ7 eemezit
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, made and pursuant to all applicable statutes, local ordinances, and
authority, the PARTIES hereto do hereby enter into the following:
1. It is mutually agreed by and among the PARTIES hereto that the foregoing
preambles are hereby incorporated herein as though fully set forth.
2. BUFFALO GROVE agrees to serve as the Lead Agency for the STUDY and to
perform the administrative functions associated with said STUDY. For the
purposes of THIS AGREEMENT, said administrative functions shall be limited
to contracting with Lower Cost Solutions, Inc., hereinafter the CONTRACTOR,
to perform the work items included in the approved scope of work for the
STUDY, paying the CONTRACTOR for completion of the work items included
in the scope of services for the STUDY, and receiving reimbursement from each
of the other PARTIES hereto in an amount distributed equally among all
PARTIES for said STUDY.
The STUDY shall be identified as the proposal submitted by Lower Cost
Solutions, Inc. dated January 19, 2006 in response to a Request for Proposal
released in December 2005. Said proposal was accepted on behalf of the
PARTIES to THIS AGREEMENT by the President and Board of Trustees of
BUFFALO GROVE on March 6, 2006.
3. It is mutually agreed by and among the PARTIES hereto that the scope of work
contained in the proposal from the CONTRACTOR titled "Canadian National
(Wisconsin Central) Railway Quiet Corridor, Lake County, Illinois" and dated
January 19, 2006 constitutes the approved scope of services for the STUDY. Said
approved scope of work, by reference herein are hereby made a part hereof.
It is further mutually agreed that the total cost of the STUDY, as proposed by the
CONTRACTOR, shall not exceed $37,314.48.
4. It is mutually agreed by and among the PARTIES hereto that the total amount of
the local share to be divided equally between the PARTIES shall not exceed
$37,314.48.
5. It is mutually agreed by and among the PARTIES hereto that each of the
PARTIES shall each reimburse BUFFALO GROVE an amount not to exceed
$3,731.45.
6. It is mutually agreed by and among the PARTIES hereto that upon execution of
the contract between BUFFALO GROVE and the CONTRACTOR, the PARTIES
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Canadian National QOTT Zone A(rreement
shall each pay to BUFFALO GROVE within thirty (30) days of the receipt of an
invoice from BUFFALO GROVE, in a lump sum, an amount equal to seventy -
five percent (75 %) of their respective obligations incurred under THIS
AGREEMENT for payment of their share for the STUDY. Payments to
BUFFALO GROVE, upon execution of the contract between BUFFALO GROVE
and the CONTRACTOR and receipt of an invoice from BUFFALO GROVE,
from each of the other PARTIES shall be in an amount not to exceed $2,789.59.
The PARTIES further agree that each shall pay to BUFFALO GROVE the
remaining twenty -five percent (25 %) of their respective obligations incurred
under THIS AGREEMENT for payment of their share for the STUDY. Payment
to BUFFALO GROVE shall be in a lump sum, within thirty (30) days of the
receipt of an invoice from BUFFALO GROVE, upon completion of the STUDY.
The final payments to BUFFALO GROVE upon completion of the STUDY and
receipt of an invoice from BUFFALO GROVE shall be in an amount not to
exceed $941.86 plus any additional approved expenses, from each of the other
PARTIES hereto.
7. A PARTY may terminate THIS AGREEMENT by resolution of its corporate
authorities. A certified copy of any such terminating resolution shall be filed with
BUFFALO GROVE within thirty (30) days after its passage. In the event of
termination as to one PARTY, THIS AGREEMENT shall remain binding as to
the remaining PARTIES.
Notwithstanding such termination, a terminating PARTY shall remain liable and
responsible for paying all fees for service for their share of the costs of the
STUDY as set forth in Sections 5 and 6 above.
8. The PARTIES hereto agree that by duly executing THIS AGREEMENT, the
PARTIES concur in BUFFALO GROVE executing the contract for the STUDY
with the CONTRACTOR.
The PARTIES further agree to provide such assistance as proposed by the
CONTRACTOR and described in the proposal for the STUDY, without
reimbursement from the other PARTIES hereto.
9. It is mutually agreed by and among the PARTIES hereto that each PARTY
warrants and represents to each of the other PARTIES and agrees that (1) THIS
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 AGREEMENT is binding and valid and will be
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Canadian Natiol.al QuICL Zone A(,ireen7ent
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 court or government department, commission, board,
bureau, agency or instrumentality applicable to such PARTY.
10. 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.
11. 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.
12. It is mutually agreed by and among 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.
13. It is mutually agreed by and among 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 as well as any previous agreements presently in effect
between the PARTIES hereto relating to the subject matter hereof.
14. It is mutually agreed by and among 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.
15. THIS AGREEMENT may be executed in multiple identical counterparts, and all
of said counterparts shall, individually and taken together, constitute THIS
AGREEMENT.
16. THIS AGREEMENT shall be binding upon and inure to the benefit of the
PARTIES hereto, their successors and assigns. No PARTY hereto may assign,
transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or
form, any of its rights, duties, obligations and/or responsibilities as heretofore set
forth in THIS AGREEMENT without first obtaining the expressed written
consent and permission of the other PARTIES to THIS AGREEMENT.
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Canadlali- National Qtfl ozone A(Treelaent
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17. It is mutually agreed by and among 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 among the PARTIES hereto
for any purpose or in any manner, whatsoever. The PARTIES are to be and shall
remain independent of each other with respect to all services performed under
THIS AGREEMENT.
18. THIS AGREEMENT shall be considered null and void in the event that the
contract between BUFFALO GROVE and the CONTRACTOR for the STUDY is
not awarded by July 1, 2006.
ATTEST:
` sj-w�-
ViIIW Clerk
Village of Buffalo Grove
ATTEST:
Village Clerk
Village of Antioch
ATTEST:
Village Clerk
Village of Lake Villa
ATTEST:
Village Clerk
Village of Round Lake Beach
VILLAGE OF BUFFALO GROVE
By: �Mngr , -
Village President
Village of Buffalo Grove
Date:
VILLAGE OF ANTIOCH
Village President
Village of Antioch
Date:
VILLAGE OF LAKE VILLA
Village President
Village of Lake Villa
Date:
VILLAGE OF ROUND LAKE BEACH
C
Date:
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Village President
Village of Round Lake Beach
Canadian National Qozone A,rreemcm
VILLAGE OF GRAYSLAKE
ATTEST:
By:
Village President
Village Clerk
Village of Grayslake
Village of Grayslake
Date:
VILLAGE OF LIBERTYVILLE
ATTEST:
By:
Village President
Village Clerk
Village of Libertyville
Village of Libertyville
Date:
VILLAGE OF MUNDELEIN
ATTEST:
By:
Village President
Village Clerk
Village of Mundelein
Village of Mundelein
Date:
VILLAGE OF VERNON HILLS
ATTEST:
By:
Village President
Village Clerk
Village of Vernon Hills
Village of Vernon Hills
ATTEST:
Village Clerk
Village of Wheeling
Date:
VILLAGE OF WHEELING
By:
Village President
Village of Wheeling
Date:
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Canadian National QuesI Is
t Zone Agreement
ATTEST:
Clerk
Lake County
Draft Date: February 27, 2006
RECOMMENDED FOR EXECUTION
Lake County
County Engineer/Director of Transportation
COUNTY OF LAKE
LIM
Date:
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Chairman
Lake County Board