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Home My WebLink AboutRESOLUTION - 38-05 - 7/17/2005 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 38-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE COUNTY OF DUPAGE FOR THE DEVON AVENUE AND TONNE ROAD INTERSECTION IMPROVEMENTS (WOOD DALE ROAD) 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 COST PARTICIPATION FOR CONSTRUCTION OF WOOD DALE ROAD AS PART OF THE DEVON AVENUE/WOOD DALE ROAD /TONNE ROAD STP INTERSECTION IMPROVEMENT IDOT SECTION NO. 99 -00041 -00 -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 July 2005. APPROVED this 19th day of July 2005. APPROVED: Mayor Craie B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Villat?e Clerk ResDevonTonnelntersectAgmtDuPageCo. R E S O L U T I O N DT -0068-05 INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DU PAGE AND THE VILLAGE OF ELK GROVE VILLAGE FOR INTERSECTION IMPROVEMENTS AT CH 28/WOOD DALE ROAD -TONNE ROAD -DEVON AVENUE SECTION 00 -00145 -02 -CH (ESTIMATED COUNTY COST $272,000) WHEREAS, the County of DuPage (hereinafter "COUNTY") and the Village of Elk Grove Village (hereinafter "VILLAGE") desire to cooperate by improving the intersection of CH 28/Wood Dale -Tonne Road -Devon Avenue, Section 00 -00145 -02 -CH (hereinafter referred to as the "IMPROVEMENTS"); and WHEREAS, the 1970 Illinois Constitution, Article VII, Section 10 and 5 ILCS 220/1, et. seq. authorizes the COUNTY and the VILLAGE to cooperate in the performance of their responsibilities by contract and in the form of other agreements; and WHEREAS, an Agreement has.been prepared and attached hereto. Said Agreement outlines the financial participation and other responsibilities of the COUNTY and the VILLAGE for the IMPROVEMENTS; and WHEREAS, said Agreement must be executed before the IMPROVEMENTS may be initiated. NOW, THEREFORE, BE IT RESOLVED by the County Board of DuPage County, that the Clerk and ChairWofBoard be hereby directed and authorized to execute the afed Agreement with the Village of Elk Grove Village; anBE IT FURTHER RESOLVED thatal copy of this Resolution and Agreement be sent to the Vilk Grove Village through the DuPage County Division of Tron. Enacted and approved this 2 Illinois. Ayes: 15 Absent: 3 ATTEST: Rober DuPaQ Gary A of Jane, 2005, at Wheaton, Schillerstrom, Chairman Vity Board County C �, INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF ELK GROVE VILLAGE FOR COST PARTICIPATION FOR CONSTRUCTION OF WOOD DALE ROAD AS PART OF THE DEVON AVENUE/WOOD DALE ROAD/TONNE ROAD STP INTERSECTION IMPROVEMENT IDOT SECTION NO 99 -00041 -00 -CH THIS AGREEMENT entered into this 28thday of June , 2005, between the County of DuPage (hereinafter referred to as the "COUNTY"), a body corporate and politic with offices at 421 County Farm Road, Wheaton, Illinois and the Village of Elk Grove Village (hereinafter referred to as "VILLAGE") a municipal corporation with offices at 901 Wellington Avenue, Elk Grove Village Illinois. WITNESSETH WHEREAS, the COUNTY and VILLAGE in order to facilitate the free flow of traffic and to ensure the safety of the motoring public desire to construct the Devon Avenue and Wood Dale Road / Tonne Road STP Intersection Improvement project, (hereinafter referred to as "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 WHEREAS, the COUNTY by virtue of its power set forth in "County's Code" (55 ILCS 5/1- 1001et se and "Highway Code" 605 ILCS, 5/1-101 et seg. and the VILLAGE (Code Title 1) 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 contract plans for Section 99 -00041 -00 -CH (hereinafter referred to as "PROJECT") which is incorporated and made part of this Agreement by reference thereto. 3. Both the COUNTY and VILLAGE agree the COUNTY will be responsible for the local match funding which amounts to 30% of the construction cost of the Wood Dale Road, south leg, of the intersection. The northern limit shall be defined as the southern Devon Avenue edge of pavement extended through the intersection. 4. Both the COUNTY and VILLAGE agree the COUNTY will be responsible for 25% of the local match for the proposed temporary and permanent traffic signal installation costs. 5. The COUNTY agrees to reimburse the Village for 20% of the Phase II Engineering costs. 6. The COUNTY agrees to reimburse the Village for 25% of the local match for the Phase III Engineering costs. 7. The COUNTY agrees to reimburse the VILLAGE within sixty (60) days of receipt of an invoice from the VILLAGE for the cost of work noted in Articles 2, 3 and 4. The VILLAGE shall submit documentation satisfactory to the COUNTY which indicates said costs have been paid. 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 within 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 the local match (50%) of the purchase price of the parcels within the limits of DuPage County that are necessary to construct the improvements on Wood Dale 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 cost are included in the Phase I and 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 property or right-of-way, which the COUNTY deems necessary for the maintenance and operations of its County Highway system. 9. APPROVAL Both the COUNTY and the VILLAGE reserve the right to approve the plans and specifications for the PROJECT. Approval of said plans and specifications will not be unreasonably withheld. 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 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 VILLAGE Engineer of the VILLAGE shall meet and resolve the issue. 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. g. This AGREEMENT and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within three (3) years subsequent to the execution of this Agreement. MODIFICATIONS THIS AGREEMENT is not subject to modifications except in writing, executed by the duly authorized representatives of the parties. SUCCESSORS AND ASSIGNS This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their representative successors and assigns. GOVERNING LAWS It is agreed that the laws of the State of Illinois shall apply to this Agreement. NOTICES All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: TO COUNTY: County of DuPage Division of Transportation 421 North County Farm Road Wheaton, IL 60187 ATTN: Morgo L. Cotten, D y Director of Transportation IN Robert Gary A. TO VILLAGE: Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 ATTN: Alan J. Boffice Director of Engineering and Community Development whereof, the parties set their hands and seals as of the date first written above. PAGE VILLAGE OF ELK GROVE VILLAGE Craig B. Johnson erstrom, Chairman Craig B. Johnson, Mayor ty Board Village of Elk Grove Village ATTEST BY: low Ann I. Walsh County Clerk Ann I. Walsh, Village Clerk