2019-18 RESOLUTION 2019 - 18
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
VERNON TOWNSHIP AND THE VILLAGE OF BUFFALO GROVE
FOR PAVING SERVICES
WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Township publicly bid a road paving program for roads under the
Township jurisdiction and for Garden Court, a road that is under the Village of Buffalo Grove
jurisdiction; and
WHEREAS, pursuant to the bids that were submitted, it is in the best interest of the
Village to execute an agreement with Vernon Township. The agreement is attached as Exhibit A.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of
this Resolution as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute an agreement with Vernon
Township, subject to the review and approval of the Village Attorney.
SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held
invalid, the invalidity thereof shall not affect any other provision of this Resolution.
SECTION 4. This Resolution shall be in full force and effect from and after its passage and
approval.
AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYS: 0 - None
ABSENT: 0 - None
PASSED: June 17, 2019
APPROVED: June 17,2019
Beverly Suss n, Village President
ATTEST:
.� Q
Janet I;5�.-Sfmbian, Village Clerk
AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE
VERNON TOWNSHIP ROAD DISTRICT FOR
THE RES URFACING OF GARDEN CT
THIS AGREEMENT entered into this of I day of M ad , 2019 by and
between the Vernon Township Road District (hereinafter, "the Township") and the Village of
Buffalo Grove (hereinafter, "the Village")
WITNESSETH:
WHEREAS, Garden Court is within the corporate limits of the Village of Buffalo Grove
(hereinafter "the Village") and is adjacent to streets that, are within unincorporated Vernon
Township that are within the jurisdiction of the Vernon Township Highway Department
(hereinafter, "the Township"); and
WHEREAS, both the Village and the Township have planned separate paving projects
for their respective portions of the Subject Property; and
WHEREAS, due to the manner in which the Village boundaries traverse the highway,
the Township and the Village have determined that it would be in the best interests of the
Township and the Village to include the Village portion (i.e. Garden Court) of the highway
within the Township's paving project and to enter into an Intergovernmental Agreement to
engage in a joint construction project to improve Garden Court (hereinafter, "the Joint Paving
Project"); and
WHEREAS, the.. Township and the Village are authorized to enter into an
Intergovernmental Agreement for the purposes set forth above pursuant to 65 ILCS 5/1-1-5
and 65 ILCS 5/11-85-2; and
WHEREAS, an estimate of costs for the Joint Paving Project which reflects an
estimated cost for the repaving of the Village portion of Garden Court to be $ 25701.15 and
said estimate has been reviewed and approved by the Township Highway Commissioner; and
NOW, THEREFORE, in mutual consideration of the desire of the Village and the
Township to repave the Subject Property in a thorough, consistent and economical manner, the
Village and the Township hereby agree as follows:
1. The foregoing recitals are hereby incorporated as if fully set forth herein.
2. The Township has publicly solicited bids for the Joint Paving Project pursuant
to bid specifications agreed upon by both the Village Engineer and the Township Highway
Commissioner.
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3. The Township and the Village agree to the awarding of the contract for the Joint
Paving Project to Schroeder Paving; and said contract shall be entered into by and between
Schroeder Paving and the Township.
4. The Village and the Township agree that the Village shall reimburse the
Township for the Village's share of the Joint Paving Project, which has been determined as
$25,701.15. If the final cost of the Village share of the Joint Paving Project exceeds
$25,701.15, the Village shall reimburse the Township for said amount in excess.
5. The Village agrees that within forty-five (45) days of the receipt of an invoice
from the Township it shall pay the amount of its obligation under the terms of this Agreement.
6. The parties agree that each shall, at its own cost, provide and maintain during
the term of the Agreement general liability insurance. The Village agrees to indemnify, defend
and hold the Township, its agents and employees harmless from all claims, causes of action,
suits, damages, liabilities, loss, costs and expenses which may arise out of the performance of
the services set forth in this Agreement, except to the extent caused by the negligence of the
Township, its agents and employees.
7. 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 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 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.
8. 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.
9. This Agreement shall be in accordance with the laws of the State of Illinois and
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.
10. 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 Village or the
Township to maintain, operate, improve, construct, reconstruct, repair, manage, widen or expand
the portions of Garden Court within each parties respective jurisdiction.
11. 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
Township or the Village (including their respective appointed or elected officials, officers,
employees and agents), the agent representative or employee of the other for any purpose or in
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any manner, whatsoever. The Village and the Township shall remain independent of one another
with respect to all services performed under this Agreement. This Agreement is non- assignable
and/or nontransferable. Nothing contained in the Agreement shall be construed to result in a
waiver of any immunities.No third party is an intended or implied beneficiary of this Agreement
nor is entitled to enforce any provisions hereof.
12. 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.
13. This Agreement may be executed in counterparts, and all of said counterparts
shall, individually and taken together, constitute this Agreement.
14. 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; which shall remain in full force and effect.
VILLAGE OF BVFF O GROVE
By:
ATTEST:
Clerk
VERNON TOWNSHIP
HIGHW Y DE NT
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