2008-38
MASTER AGREEMENT
BETWEEN THE COUNTY OF LAKE AND THE VILLAGE OF BUFFALO GROVE
FOR ENERGY COSTS, MAINTENANCE COSTS AND FUTURE COSTS
ASSOCIATED WITH COUNTY -OWNED TRAFFIC CONTROL DEVICES
THIS MASTER AGREEMENT is entered into this, Sr day of . Pt-J,4 a-r , A.D.
20th t, by and .between the COUNTY OF LAKE, Illinois, an Illinois body 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 President and
Village Board, hereinafter referred to as the VILLAGE. The COUNTY and the VILLAGE are
hereinafter referred to collectively as "parties" to THIS MASTER AGREEMENT, and either one is
referred to individually as a "party" to THIS MASTER AGREEMENT.
WITNESSETH
WHEREAS, THIS MASTER AGREEMENT defines responsibilities for the energy,
maintenance and future costs of the traffic control signal devices with equipment, which may or may
not contain street lights, emergency vehicle pre - emption system(s) (EVPS) and Lake County
PASSAGE, which is the County's system of interconnected traffic signals, cameras and network
equipment (hereinafter TRAFFIC SIGNALS) for the COUNTY -owned TRAFFIC SIGNALS
(hereinafter COUNTY, SIGNALS) located at intersections as listed in EXHIBIT A of THIS
MASTER AGREEMENT; and,
WHEREAS, THIS MASTER AGREEMENT hereby terminates any and all prior agreements
between the COUNTY and the VILLAGE relating to the subject matter hereof (hereinafter PRIOR
AGREEMENTS). Said PRIOR AGREEMENTS include, but are not limited to: the agreement
regarding roadway improvements and associated work to be performed on TRAFFIC SIGNALS
along Deerfield Parkway (County Highway 11), between Illinois Route 83 and Weiland Road
(County Highway 73) (executed July 25, 2005), the MASTER AGREEMENT regarding the
maintenance costs, construction installation costs and future costs associated with EVPS (executed
March 1, 2003), and the individual traffic signal maintenance agreements for the intersections of (1)
Aptakisic Road (County Highway 33) at Barclay Boulevard (executed February 9, 1988), (2)
Aptakisic Road (County Highway 33) at Buffalo Grove Road (County Highway 16) (executed
September 11, 1989), (3) Buffalo Grove Road (County Highway 16) at Checker Road (executed
March 20, 1995), (4) Buffalo Grove Road (County Highway 16) at Thompson Boulevard (executed
May 3, 2000), (5) Weiland Road (County Highway 73) at Busch Parkway/Road (executed August
12, 1986) and (6) Weiland Road (County Highway 73) at Pauline Avenue (executed October 15,
1998);
r
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
made pursuant to all applicable statutes, local ordinances and authority, the COUNTY and the
VILLAGE do hereby enter into the following:
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SECTION I.
Recitals/Headings
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 "headings" as contained in THIS
MASTER AGREEMENT are for reference only and the actual written provisions, paragraphs
and words of THIS MASTER AGREEMENT shall control.
SECTION II.
Energy Costs, Maintenance Costs and Future Costs for COUNTY SIGNALS
1. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT
hereby terminates any and all prior agreements between the COUNTY and the VILLAGE
relating to the subject matter hereof (hereinafter PRIOR AGREEMENTS). Said PRIOR
AGREEMENTS include, but are not limited to: the agreement regarding roadway improvements
and associated work to be performed on TRAFFIC SIGNALS along Deerfield Parkway (County
Highway 11), between Illinois Route 83 and Weiland Road (County Highway 73) (executed July
25, 2005), the MASTER AGREEMENT regarding the maintenance costs, construction
installation costs and future costs associated with EVPS (executed March 1, 2003), and the
individual traffic signal maintenance agreements for the intersections of (1) Aptakisic Road
(County Highway 33) at Barclay Boulevard (executed February 9, 1988), (2) Aptakisic Road
(County Highway 33) at Buffalo Grove Road (County Highway 16) (executed September 11,
1989), (3) Buffalo Grove Road (County Highway 16) at Checker Road (executed March 20,
1995), (4) Buffalo Grove Road (County Highway 16) at Thompson Boulevard (executed May 3,
2000), (5) Weiland Road (County Highway 73) at Busch Parkway/Road (executed August 12,
1986) and (6) Weiland Road (County Highway 73) at Pauline Avenue (executed October 15,
1998).
2. The VILLAGE agrees to pay one - hundred percent (100 %) of all energy costs required for the
operation of all COUNTY SIGNALS located at any of the intersections as listed in the attached
EXHIBIT A, except as otherwise noted. Said energy costs shall be paid directly to the utility
company providing the energy for the operation of said COUNTY SIGNALS.
3. It is mutually agreed by and between the parties hereto that MAINTENANCE, as it applies to
any of the COUNTY SIGNALS located at any of the intersections as listed in the attached
EXHIBIT A shall be understood to mean that as defined under the COUNTY's then current
Traffic Signal Maintenance Contract, which, by reference herein, is hereby made a part hereof.
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4. The COUNTY agrees to perform MAINTENANCE for the COUNTY SIGNALS with
reimbursement from the VILLAGE per the cost - sharing schedule detailed in the attached
EXHIBIT A.
5. It is mutually agreed by and between the parties hereto that from time to time that the COUNTY
SIGNALS may require modernization, improvement, revision, replacement, major repairs,
upgrading and/or interconnection with Lake County PASSAGE, hereinafter referred to as
FUTURE WORK, having associated FUTURE COSTS.
6. The VILLAGE agrees to reimburse the COUNTY for all FUTURE COSTS of said FUTURE
WORK performed by the COUNTY per the cost- sharing schedule detailed in the attached
EXHIBIT A.
7. It is mutually agreed by and between the parties hereto that EXHIBIT A of THIS MASTER
AGREEMENT may be amended by letter of concurrence signed by both parties to add or delete
intersections with TRAFFIC SIGNALS. Said additions or deletions may result in changes to the
respective cost- sharing responsibilities of the parties hereto, as these relate to maintenance costs
and FUTURE COSTS and will be reflected in said EXHIBIT A. The COUNTY's County
Engineer (hereinafter the COUNTY ENGINEER) shall act on behalf of the COUNTY as said
actions relate to changes to EXHIBIT A, and the chief elected official shall act on behalf of the
VILLAGE as said actions relate to changes to EXHIBIT A.
8. The VILLAGE agrees that, by executing THIS MASTER AGREEMENT, the VILLAGE concurs
in the COUNTY award of the COUNTY's traffic signal maintenance contract in accordance with
the standard policies and procedures as adopted and used by the COUNTY.
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.
9. The VILLAGE shall monitor the operation of the EVPS located at all of the intersections listed
in the attached EXHIBIT A, and, if any portion of the EVPS is not functioning as designed or as
intended for the VILLAGE, it is the responsibility of the VILLAGE to make prompt notification
to the COUNTY of the operational problems of said EVPS.
10. The VILLAGE agrees that the COUNTY shall have the sole and exclusive right to control and
regulate the sequence and all other aspects of phasing and timing of all COUNTY SIGNALS.
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SECTION III.
General Provisions
1. It is mutually agreed by and between the parties hereto that payments due to the COUNTY by the
VILLAGE in accordance with the provisions ofTHIS MASTER AGREEMENT shall be made in
a lump sum amount for the full amount of any invoice billings within thirty (30) days of the
receipt of invoice billings from the COUNTY.
2. 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 ENGINEER to maintain, ,operate, improve, manage, construct, reconstruct, repair,
widen or expand COUNTY Highways as best determined, as provided by law.
3. 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.
4. 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 provision 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.
5. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
be deemed to take effect on February 1, 2009, provided the duly authorized agents of the parties
hereto duly execute THIS MASTER AGREEMENT by affixing their signatures prior to
February 1, 2009. In the event the date that the last authorized agent of the parties hereto affix
their signature to THIS MASTER AGREEMENT is subsequent to February 1, 2009, 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.
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6. It is mutually agreed by and between the parties hereto that THIS MASTER 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.
7. 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.
8. 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. Any prior
agreements between the parties hereto shall remain in full force and effect except as modified by
THIS MASTER AGREEMENT.
9. 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.
10. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
Either of the parties hereto may terminate THIS MASTER AGREEMENT by giving thirty (30)
days written notice.
11. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT may
be executed in multiple identical counterparts, and all of said counterparts shall, individually and
taken together, constitute THIS MASTER AGREEMENT.
i
12. It is mutually agreed by and between the parries hereto that THIS MASTER AGREEMENT shall
remain in full force and effect for such a period of time as any of the COUNTY SIGNALS
located at any of the intersections listed in the attached EXHIBIT A remain in place, in use and
in operation.
ATTEST:
Villjje Clerkl
ATTEST:
County Clerk
Lake County
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VILLAGE OF BUFFALO GROVE
By.
President /
Date: /C"- ///'�
RECOMMENDED FOR EXECUTION
Martin . Buehler, P.E.
Director- of Transportation / Cow- Engineer
Lake County
COUNTY OFJ.AKE
By:
ai
Lake ounty Board
Date:
•
EXHIBIT A
DIVISION OF COSTS
0
" Effective upon the completion of constriction activity and the acceptance of the TRAFFIC SIGNALS at the intersection by the COUNTY ENGINEER
MAINTENANCE
FUTURE
COSTS
COSTS
Intersection
Effective
ENERGY
Date
VILLAGE
COUNTY
VILLAGE
COUNTY
Aptakisic Rd. (County Hwy. 33)
at Barclay Blvd.
2/1/2009
25
50
25
50
Lincolnshire
Aptakisic Rd. (County Hwy. 33)
at Brandywyn Ln.
-� (') --
50
50
50
50
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Buffalo Grove Rd. (County Hwy. 16)
2/1/2009
0
100
0
100
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Leider Ln.
-° 0 --
25
50
25
50
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Prairie Rd.
2/112009
33.3
66.7
33.3
66.7
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Weiland Rd.
211/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Arlington Heights Rd. (County Hwy. 79)
at Checker Rd.
2/112009
25
50
25
50
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Old Checker Rd.
211/2009
50
50
50
50
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Port Clinton Rd.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Thompson Blvd.
2/1/2009
50
50
50
50
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Buffalo Grove Rd. (County Hwy. 16)
2/1/2009
0
100
0
100
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Busch Pkwy.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Commerce Ct.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Fire Station No. 26
2/112009
100
0
100
0
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Highland Grove Dr.
2/1/2009
50
50
50
50
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Weiland Rd.
2/1/2009
50
50
50
50
Buffalo Grove
Weiland Rd. (County Hwy. 73)
at Aptakisic -Tripp School Entrance
2/1/2009
100
0
100
0
Buffalo Grove
Weiland Rd. (County Hwy. 73)
at Pauline Ave.
2/1/2009
100
0
100
0
Buffalo Grove
" Effective upon the completion of constriction activity and the acceptance of the TRAFFIC SIGNALS at the intersection by the COUNTY ENGINEER
•
C
Master
Lake County Illinois
701 f§�
File Number: 09 -1067
File ID: 09 -1067 Type: resolution Status: Passed
Version: 1 Reference: Controlling Body: Public Works and
Transportation
Committee
File Created Date : 12/30/2008
File Name: County Signals; New Traffic Signal Master Final Action: 01/20/2009
Agreement: vniage oT rsuttalo vrove
Title: Joint resolution authorizing the execution of a new master agreement
between Lake County and the Village of Buffalo Grove regarding the
maintenance costs, construction and installation costs, and future costs
associated with current and future traffic control signals under the
jurisdiction of the Lake County Division of Transportation and including
provisions for emergency preemption systems.
Notes:
Sponsors:
Attachments: BUFFALO GROVE AGRMT_20081230075211.pdf
Authorizer:
Entered by: LMiller @lakecountyil.gov
Approval History
Version Date Approver Action
History of Legislative File
Agenda Date:
Agenda Number:
Agenda Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion: Date:
1 Public Works and 01/07/2009 approved and Pass
Transportation Committee referred on to
Financial and
Adminstrative
Committee
Action Text: A motion was made by Member Stolman, seconded by Member Carter, that this Resolution be
approved and referred on to Financial and Adminstrative Committee. The motion carried unanimously.
Lake County Illinois Page 1 Printed on 113012009
Master Continued (09 -1067)
I Financial and 01/07/2009 recommended for Pass
Administrative Committee adoption to the
consent agenda
Action Text: A motion was made by Member Mountsier, seconded by Member Stolman, that this Resolution be
recommended for adoption to the Consent Agenda. Motion carried.
1 Lake County Board 01/20/2009 adopted Pass
Action Text: Member Mountsier moved, seconded by Member Gravenhorst, to approve the Consent Agenda, Items
1-43. The Chair called for a Voice Vote on the motion. The motion carried.
Text of Legislative File 09 -1067
Title
Joint resolution authorizing the execution of a new master agreement between Lake County
and the Village of Buffalo Grove regarding the maintenance costs, construction and
installation costs, and future costs associated with current and future traffic control signals
under the jurisdiction of the Lake County Division of Transportation and including provisions
for emergency preemption systems.
Body
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 (EVPS) and located within the
Village of Buffalo Grove 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 and future costs of the emitters
associated with the emergency vehicle pre - emption systems and Lake County will be
responsible for maintenance and future costs of the emergency vehicle pre - emption
systems that would be under the jurisdiction of the Lake County Division of Transportation
and within the Village of Buffalo Grove area of jurisdiction, a draft copy of said agreement is
attached hereto; 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 are under the jurisdiction
of Lake County and 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 maintenance and
future cost of the emitters associated with the above -said emergency vehicle pre - emption
Lake County Illinois Page 2 Printed on 113012009
Master Continued (09.1057)
systems and Lake County will be responsible for maintenance and future costs of the
emergency vehicle pre - emption systems at said intersections. 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 traffic control signals, as may be warranted from
time -to -time, and that are within the jurisdiction of Lake County Division of Transportation in
accordance with 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, on this 20th day of January A.D., 2009
Staff Summary
• County Signals: New Traffic Signal Master Agreement: Village of Buffalo Grove
• Traffic signals were installed on county highways within the boundaries of the Village
of Buffalo Grove including Emergency Vehicle Preemption Systems (EVPS) which
are currently maintained by the Village of Buffalo Grove.
• Lake County is revising all EVPS master agreements so that the local agency will be
responsible for maintenance and future cost of the emitters and LCDOT will be
responsible for maintenance and future cost for preemption systems.
• Lake County is incorporating the EVPS changes into new traffic signal master
agreements with the communities regarding the maintenance cost, construction and
installation cost, and future costs associated with current and future County owned
traffic control signals.
Lake County Illinois Page 3 Printed on 113012009