1995-18RESOLUTION NO. 95- 18
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE BUFFALO GROVE
ROAD AND CHECKER ROAD TRAFFIC SIGNAL
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant
to the Illinois Constitution of 1970; and,
WHEREAS, the Village Board desires to accommodate the
implementation of the Buffalo Grove Road and Checker Road Traffic Signal
Improvement; and,
WHEREAS, the adoption of an Intergovernmental Agreement is required
in order to proceed with the Buffalo Grove Road and Checker Road Traffic
Signal Improvement;
NOW, THEREFORE, BE IT RESOLVED, by the Village President and Board
of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois
as follows:
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1. The agreement entitled, "Agreement Between The County of Lake
And The Village of Buffalo Grove For The Installation of Traffic
Control Signals And Equipment And An Emergency Vehicle
Pre - emption System At The Intersection of Buffalo Grove Road
(County Highway 16) And Checker Road" is hereby approved.
2. The Village President and Village Clerk are hereby
authorized and directed to execute said agreement, a copy of which
is attached hereto and made a part hereof.
Section 2.
This Resolution shall be in full force and effect from and
after its passage and approval.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
ATTEST:
224 TY)
Villhg6 Clerk
G94C108
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6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
0 - None
0 - None
March 20
March 20
1995
1995
APPROV
Village President
AGREEMENT
BETWEEN THE COUNTY OF LAKE AND
THE VILLAGE OF BUFFALO GROVE FOR
THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AND EQUIPMENT
AND AN EMERGENCY VEHICLE PRE - EMPTION SYSTEM AT THE
INTERSECTION OF BUFFALO GROVE ROAD (COUNTY HIGHWAY 16) AND CHECKER ROAD
THIS AGREEMENT entered into this 20th day of March
A.D. 19 95 by and between the County of Lake, Illinois, acting by and through
its County Board, hereinafter referred to as the COUNTY, and the Village of
Buffalo Grove, an Illinois Municipal Corporation, acting by and through its Mayor
and Board of Trustees, hereinafter referred to as the VILLAGE.
WITNESSETH
WHEREAS, the COUNTY, in order to facilitate the free flow of traffic and
ensure the safety to the motoring public, is desirous of improving the
intersection of Buffalo Grove Road (County Highway 16) and Checker Road. Said
improvement to the intersection of Buffalo Grove Road and Checker Road to consist
of the installation of traffic control signals and equipment and performing all
other work necessary to complete the improvement in accordance with the approved
plans and specifications. Said improvement shall be known as COUNTY Section: 94-
00081-05-TL; and
WHEREAS, the VILLAGE is desirous of the COUNTY to install, as part of the
traffic control signals and equipment, an emergency vehicle pre - emption system;
and
WHEREAS, said improvement to the intersection of Buffalo Grove Road and
Checker Road will be of immediate benefit to the residents of the VILLAGE and the
COUNTY, and will be permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the COUNTY and the VILLAGE hereto mutually agree as follows:
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) The COUNTY agrees to install the emergency vehicle pre - emption
system as part of the improvement, as heretofore described.
3) The COUNTY agrees to make all surveys, prepare the design plans and
specifications, receive bids and award the construction contract,
furnish engineering inspection during construction, and cause the
improvement to be built in accordance with the approved plans,
specifications, and construction contract. Said approved plans,
specifications, and construction contract by reference herein is
hereby made a part hereof.
4) The COUNTY agrees to pay, or cause to have paid, all costs for the
necessary surveys, design plans, construction engineering, and
construction for said improvement, as heretofore described, subject
to reimbursement by the VILLAGE as hereinafter stipulated.
5) The VILLAGE agrees that upon completion of the improvement, the
traffic control signals and equipment, 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 to control, operate, and regulate the sequence and
all other aspects of the timing of the traffic control signals and
equipment inclusive of the emergency vehicle pre - emption system.
6) It is mutually agreed by and between the parties hereto that the
estimated costs of the design engineering, construction engineering
and the installation of the traffic control signals and equipment
and an emergency vehicle pre - emption system at Buffalo Grove Road
(County Highway 16) and Checker Road are as follows:
ITEM ESTIMATED COST
A) Traffic Control Signals and Equipment $100,000.00
B) Emergency Vehicle Pre- Emption System 6,000.00
C) Design Engineering and Construction
Engineering (17% of the Construction
Cost) 18,020.00
TOTAL ESTIMATED COST ,$124.020.00
7) The VILLAGE agrees to reimburse the COUNTY for fifty percent (50 %)
of the cost of the traffic control signals and equipment, one
hundred percent (100 %) of the cost for the emergency vehicle pre-
emption system, and fifty percent (50 %) of the costs for the design
engineering and the construction engineering. The total cost to the
VILLAGE is estimated to be $65,010.00.
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 billing from the COUNTY, in a lump sum amount
based on contract unit prices, an amount equal to ninety -five
percent (95 %) of the VILLAGE's obligation incurred under this
agreement for the costs of the construction, including design and
construction engineering costs, of the traffic control signals and
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equipment and the emergency vehicle pre - emption system. Payment to
the COUNTY at the time of award of the construction contract and
receipt of an invoice from the COUNTY is estimated to amount to
$61,760.00.
The VILLAGE further agrees to pay the COUNTY the remaining five
percent (5 %) of its obligation incurred under this agreement for the
costs of the traffic control signals and equipment and the emergency
vehicle pre - emption system. Payment to the COUNTY shall be in a
lump sum amount, within thirty (30) days of the receipt of an
invoice from the COUNTY, upon completion of the construction
contract based on final costs at contract unit prices for actual
work performed. Final payment to the COUNTY upon completion of the
improvement is estimated to amount to $3,250.00.
9) 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 inclusive of 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
inclusive of the emergency vehicle pre - emption system.
10) The COUNTY agrees to maintain, or cause to be maintained, the
traffic control signals and equipment inclusive of the emergency
vehicle pre - emption system. Said maintenance for the emergency
vehicle pre - emption system shall include the phase selector, field
wiring, optical detectors, and cabinet appurtenances.
11) The VILLAGE agrees to reimburse the COUNTY one hundred percent
(100 %) of all costs for the repair, replacement, upgrading, removal,
modernization, maintenance, and all other work performed for the
emergency vehicle pre - emption system.
The VILLAGE further agrees that payment to the COUNTY shall be, in
a lump sum amount, within thirty (30) days of the receipt of invoice
billings from the COUNTY.
12) It is mutually agreed by and between the parties hereto that from
time to time said traffic control signals and equipment 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
agrees, that upon written notification from the COUNTY's County
Engineer, the VILLAGE shall pay fifty percent (50 %) of all future
costs for the modernization, improvement, revision, upgrading,
replacement, major repairs, 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 one hundred percent
(100 %) of all future costs for the modernization, improvement,
revision, upgrading, replacement, major repairs, and /or interconnec-
tion with adjoining traffic control signals as they relate to the
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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) The VILLAGE agrees, upon completion of the improvement, to indem-
nify, defend and hold harmless the COUNTY, its elected officials,
its duly appointed officials, agents, employees, 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 arising from and relating to the use and
operation of the emergency vehicle pre - emption system.
The VILLAGE further agrees to pay all damages, judgements, settle-
ments, costs and expenses, including attorneys' fees and court
costs, in connection therewith or resulting therefrom.
14) 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, widen
or expand COUNTY Highways as best determined as provided by law.
15) 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.
16) 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.
17) 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 as well as
any previous agreements presently in effect 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 AGREEMENT shall be valid only when expressed in writing and
duly executed by the parties hereto.
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19) THIS AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
20) THIS AGREEMENT shall remain in full force and effect for such a
period of time as the traffic control signals and equipment and the
emergency vehicle pre - emption system remains in place, in use, and
in operation.
21) THIS AGREEMENT shall be considered null and void in the event that
the construction contract covering the improvement contemplated
herein is not awarded by January 1, 1997.
ATTEST:
Clerk
Village of Buffalo Grove
ATTE T:
Clerk
Lake County
91
VILLAGE OF B ALO QR
By:
Mayor
Village ofjj Buffalo Grove
Date //>/ t�!i�v,2 "-) /
RECOMMENDED FOR EXECUTION
41
Lake"&ounty
County Engineer/
Director of Transportation
COUNTY OF LAKE
By:
Chairman
Lake County Board
Date: