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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: gartinn 1_ 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 • -2- • 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 2 o • 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 3 v • 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. 4 • 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: