HomeMy WebLinkAboutRESOLUTION - 42-08 - 8/19/2008 - DEVON/ARL. HTS. RDS. IMPROVEMENTSRESOLUTION NO. 42-08
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A JOINT AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND THE COUNTY OF DUPAGE FOR IMPROVEMENTS
TO THE DEVON AVENUE AND ARLINGTON HEIGHTS ROAD
INTERSECTION
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as
follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached
documents marked:
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COUNTY OF DUPAGE AND THE VILLAGE OF ELK GROVE VILLAGE
FOR IMPROVEMENTS TO
CH 10/ARLINGTON HEIGHTS ROAD AT DEVON AVENUE
DU PAGE COUNTY SECTION NO 07 -00229 -06 -CH
a copy of which is attached hereto and made a part hereof as if fully set forth and the
Village Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after
its passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 19th day of August 2008.
APPROVED this 191h day of August 2008.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
ResintergovagreeDuPageCtyDevonArl His
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF DUPAGE AND THE VILLAGE OF ELK GROVE VILLAGE
FOR IMPROVEMENTS TO
CH 10/ARLINGTON HEIGHTS ROAD AT DEVON AVENUE
DU PAGE COUNTY SECTION NO. 07 -00229 -06 -CH
This Intergovernmental Agreement (hereinafter referred to as
the "AGREEMENT") is entered into this day of , 2008,
between the County of DuPage (hereinafter referred to as the
"COUNTY"), a body corporate and politic with offices at 921 County
Farm Road, Wheaton, Illinois and the Village of Elk Grove Village
(hereinafter referred to as the `VILLAGE") a municipal corporation
with offices at 901 Wellington Avenue, Elk Grove Village, Illinois.
The .COUNTY and the VILLAGE are hereinafter individually referred to
as a "party" or together as the "parties."
W I T N E S S E T H
WHEREAS, the COUNTY and VILLAGE in order to facilitate the free
flow of traffic and to ensure the safety of the motoring public
�; . aa-.
desire to improve the CH 10/Arlington Heights Road at Devon Avenue
intersection (hereinafter referred to as th.e "PROJECT"); and
WHEREAS, the COUNTY and," the VILLAGE desire to cooperate in the
construction of the PROJECT because of the benefit of the PROJECT to
the residents of DuPage County, the Village of Elk Grove Village and
the motoring public; and 7$3�
WHEREAS, the COUNTY by virtue of its power set forth in
"Counties Code" (55 ILCS 5/1-1001 et seq.) and "Illinois Highway
Code" 605 ILCS 5/1-101 et seq. and the VILLAGE by virtue of its
power set forth in the "Municipal Code" ((65 ILCS 1/1-1-1 et seq.)
are authorized to enter into this AGREEMENT; and
WHEREAS, a cooperative intergovernmental agreement is
appropriate and such an agreement is authorized and encouraged by
Article 7, Section 10 of the Illinois Constitution and
Intergovernmental Cooperation Act (605 ILCS 220/1 et seg.).
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:
1. The COUNTY and VILLAGE agree to cooperate in and make every
effort to cause the construction of the PROJECT.
2. The COUNTY and VILLAGE agree that the scope of the work will be
that shown in the VILLAGE'S contract plans for County Section
No. 07 -00229 -06 -CH which is incorporated and made part of this
AGREEMENT by reference thereto. The COUNTY agrees that the
COUNTY'S estimated share of the PROJECT, including engineering,
right-of-way acquisition and construction, is approximately
$309,225.00. The estimated PROJECT Cost and Funding table are
attached hereto as Exhibit "A" and are incorporated herein by
reference.
3. Both the COUNTY and VILLAGE agree the COUNTY will be
responsible for the local match funding (300) of the roadway
'construction costs of Arlington
{Heights Road, south leg.
4. Both the COUNTY and,- AGE agree the COUNTY will be
responsible for 250 f the local- match for the proposed
temporary and permanent,,traffic signa=l installation costs.
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5. The COUNTY agrees to reimburse the VILLAGE for 100 of the Phase
II Engineering costs. yu��
6. The COUNTY agrees to reimburse the VILLAGE for 200 of the local
match for the Phase III Engineering costs.
7. The VILLAGE agrees that it will not invoice the COUNTY until
after December 1, 2008, for the cost of work noted in
paragraphs 3, 4, 5, 6 and 8 b. herein. The COUNTY agrees to
reimburse the VILLAGE within sixty (60) days of receipt of an
invoice from the VILLAGE along with submission of documentation
satisfactory to the COUNTY which indicates said costs have been
paid by,the VILLAGE.
8. RIGHT-OF-WAY
a. The VILLAGE shall perform all surveys and prepare all
parcel plats and legal descriptions for all right-of-way
(both permanent and temporary) necessary for the
construction of the PROJECT pursuant to the Plans and
Specifications. Parcel plats and legal descriptions shall
be in accordance with Illinois Department of
Transportation guidelines.
b. All necessary right-of-way (both permanent and temporary)
for the construction of the PROJECT, according to the
approved plans and specifications shall be acquired by the
VILLAGE. The COUNTY agrees to reimburse the VILLAGE for
Elk Grove Vil-IGA/AHR & Devon 2 7/15/2008
the local match (500 of the total) of the purchase price
of the parcels that are necessary to construct the
improvements along the south leg of Arlington Heights
Road. The VILLAGE and COUNTY agree that all other right-
of-way costs shall be the responsibility of the VILLAGE.
c. Right-of-way costs shall only include the purchase price
of the property. Appraisals, review appraisals,
negotiations, title expenses and other associated costs
are included in the Phase II engineering PROJECT costs.
d. It is understood that the COUNTY has not consented in this
AGREEMENT to the transfer of any interest in COUNTY
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property or right -of '. ay, OTc h the COUNTY deems necessary
for the maintenance and operations of its County Highway
system. r
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9. APPROVAL OF PLANS ds`j
Both the COUNTY and thelVIbLLAGE reserve the right to
approve the plans and specifications for the PROJECT.
Approval of said plans and specifications will not be
unreasonably withheld.
10. INDEMNIFICATION
a. The COUNTY shall, to the extent permitted by law,
indemnify, hold harmless and defend the VILLAGE, its
officials, officers, employees, and agents from and
against all liability, claims, suits, demands, proceedings
and action, including costs, fees and expense of defense,
arising from, growing out of, or related to, any loss,
damage, injury, death, or loss or damage to property
resulting from, or connected with, the COUNTY'S negligent
or willful acts, errors or omissions in its performance
under this AGREEMENT. The COUNTY does not hereby waive any
defenses or immunity available to it with respect to third
parties.
b. The COUNTY and the VILLAGE acknowledge that the COUNTY has
made no representations, assurances or guaranties
regarding the COUNTY'S or any successor's or assign's
authority and legal capacity to indemnify the VILLAGE as
provided for in this AGREEMENT. In the event a court of
Elk Grove Vil-IGA/AHR & Devon 3 7/15!2008
competent jurisdiction holds that the COUNTY, or any
successor or assign, is deemed to lack the lawful
authority or ability to indemnify, defend or hold harmless
the VILLAGE, or any person or entity claiming a right
through VILLAGE, or in the event of change in the laws of
the State of Illinois governing COUNTY'S or any
successor's or assign's indemnification authority, such
occurrence(s) shall not affect the validity and
enforceability of the remainder of this AGREEMENT or the
Parties rights and obligations provided for therein.
c. The VILLAGE shall, to the extent permitted by law,
indemnify, hold harmless and defend the COUNTY, its
officials, officers.;b 0 emprl.oy�ees, and agents from and
against all liability, claims suits, demands, proceedings
and action, including costs, fees and expense of defense,
arising from, growing out of,'�� or related to, any loss,
damage, injury, :death, or loss or damage to property
resulting from, of"connected with, the VILLAGE'S negligent
or willful acts, errors or omissions in its performance
under this AGREEMENT. '4The VILLAGE does not hereby waive
any defenses or immunity available to it with respect to
third parties.
d. The COUNTY and the VILLAGE acknowledge that the VILLAGE
has made no representations, assurances or guaranties
regarding the VILLAGE'S or any successor's or assign's
authority and legal capacity to indemnify the COUNTY as
provided for in this AGREEMENT. In the event a court of
competent jurisdiction holds that the VILLAGE, or any
successor or assign, is deemed to lack the lawful
authority or ability to indemnify, defend or hold harmless
the COUNTY, or any person or entity claiming a right
through COUNTY, or in the event of change in the laws of
the State of Illinois governing VILLAGE'S or any
successor's or assign's indemnification authority, such
occurrence(s) shall not affect the validity and
enforceability of the remainder of this AGREEMENT or the
Parties rights and obligations provided for therein.
e. Nothing contained herein shall be construed as prohibiting
the COUNTY, its officials, directors, officers, agents and
employees, from defending through the selection and use of
their own agents, attorneys and experts, any claims,
suits, demands, proceedings and actions brought against
them. Pursuant to Illinois law, 55 ILCS 5/3-9005, any
attorney representing the COUNTY, under this paragraph or
Elk Grove Vil-IGA/AHR & Devon 4 7/15/2008
paragraph 6.1, is to be appointed a Special Assistant
State's Attorney, as provided in 55 ILCS 5/3-9008. The
COUNTY'S participation in its defense shall not remove
VILLAGE'S duty to indemnify, defend, and hold the COUNTY
harmless, as set forth above.
f. Nothing contained herein shall be construed as prohibiting
the VILLAGE, its officials, directors, officers, agents
and employees, from defending through the selection and
use of their own agents, attorneys and experts, any
claims, suits, demands, proceedings and actions brought
against them. The VILLAGE'S participation in its defense
shall not remove COUNTY'S duty to indemnify, defend, and
hold the VILLAGE harmle"ssE,)tJesa9set forth above.
"
g. Any indemnity as provided in this AGREEMENT shall not be
limited by reason of the enumeration of any insurance
coverage herein provided. The VILLAGE'S and COUNTY'S
indemnification under this section shall terminate when
the PROJECT is complete and the COUNTY and VILLAGE assume
its maintenance responsibilities as set forth in the
GENERAL section b. hereinafter.
11. GENERAL
a. It is understood and agreed that this is an
Intergovernmental Agreement between the COUNTY OF DU PAGE
and the VILLAGE OF ELK GROVE VILLAGE.
b. It is understood and agreed by the parties hereto that
this AGREEMENT is for project funding alone, and no
changes to roadway jurisdiction or maintenance are
proposed.
c. Wherever in this AGREEMENT, approval or review of either
the COUNTY or the VILLAGE is provided for, said approval
or review shall not be unreasonably delayed or withheld.
d. In the event of a dispute between the COUNTY and VILLAGE
representatives in the preparation of the Plans and
Specifications, or changes thereto, or in carrying out the
terms of this AGREEMENT, the County Engineer of the COUNTY
and the Director of Engineering of the VILLAGE shall meet
and resolve the issue.
Elk Grove Vil-IGA/AHR & Devon 5 7/15!2008
e. No later than fourteen (14) days after the execution of
this AGREEMENT, each party shall designate a
representative to the other party who shall serve as the
full time representative of said party during the carrying
out of the construction of the PROJECT. Each
representative shall have authority, on behalf of such
party, to receive notices and make inspections relating to
the work covered in this AGREEMENT. Representatives shall
be readily available to the other party.
f. This AGREEMENT may be executed in two or more
counterparts, each of which shall be deemed an original
and all of which shall be deemed one in the same
instrument. � N� O',
g. This AGREEMENT anthe covenants contained herein shall be
null and void is the event the contract covering the
construction work= contemplated herein is not awarded
within three (3) years subsequent to the execution of this
AGREEMENT. 1.
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12. ENTIRE AGREEMENT
This AGREEMENT represents the entire AGREEMENT between the parties
with respect to the PROJECT, and supersedes all previous
communications or understandings whether oral or written.
13. MODIFICATIONS
THIS AGREEMENT is not subject to modifications except in writing,
executed by the duly authorized representatives of the parties.
14. SUCCESSORS AND ASSIGNS
This AGREEMENT shall be binding upon and inure
the parties hereto and their representative
assigns.
to the benefit of
successors and
Elk Grove Vil-IGA/AHR & Devon 6 7/15/2008
15. GOVERNING LAWS
This AGREEMENT shall be governed by the laws of the State of
Illinois as to both interpretation and performance. The forum for
resolving any disputes concerning the parties' respective
performance, or failure to perform, under this AGREEMENT, shall be
the eighteenth judicial circuit court for DuPage County.
16. NOTICES
Any notice required shall be�djeemed, roperly given to the party to
be notified at the time i.t``is personally delivered or mailed by
certified mail, return req7leipt requested, postage prepaid, or sent
by confirmed facsimile, to the party's address. The address of
each party is as specified below. Egther party may change its
address for receiving notices by giving notices thereof in
compliance with the terms of this subsection.
18 0r:"
TO COUNTY:
County of DuPage
Division of Transportation
421 North County Farm -Road
Wheaton, IL 60187
ATTN: Charles F. Tokarski,
County Engineer
Facsimile: 630.407.6901
17. SEVERABILITY
In the event,
unenforceable
thereof shall
remainder of
containing the
force, effect,
TO VILLAGE:
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
ATTN: Alan J. Boffice, P.E.
P.E. Dir. Of Engineering and
Community Development
Facsimile:
any provision of this AGREEMENT is held to be
or invalid for any reason, the enforceability
not affect the remainder of the AGREEMENT. The
this AGREEMENT shall be construed as if not
particular provision and shall continue in full
and enforceability, in accordance with its terms.
18. FORCE MAJEURE
Neither party shall be liable for any delay or non-performance of
their obligations caused by any contingency beyond their control
Elk Grove Vil-IGA/AHR & Devon 7 7/15/2008
including but not limited to Acts of God, war, civil unrest,
strikes, walkouts, fires or natural disasters.
IN WITNESS whereof, the parties set their hands and seals as of
the date first written above.
COUNTY OF DUPAGE
VILLAGE OF ELK GROVE VILLAGE
Xraig B. Johnson
Robert J. Schillerstrom, Chairman CraiV�,,B. Johnson, Mayor
DuPage County Board Village -of Elk Grove Village
�r
ATTEST BY: ATTEST BY:
Gary A. King, County Clerk
Elk Grove ViHGA/AHR & Devon 8
Ann I. Walsh
Ann I. Walsh, Village Clerk
7/15/2008
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