Loading...
HomeMy WebLinkAboutRes 12-14 02/18/2014 Agreement between VOMP and Cook County for Construction and Maintenance of Pedestrian Crossing Improvements - Busse and LonnquistRESOLUTION NO. 12 -14 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COUNTY OF COOK FOR THE CONSTRUCTION AND MAINTENANCE OF PEDESTRIAN CROSSING IMPROVEMENTS AT THE INTERSECTION OF BUSSE ROAD (COOK COUNTY RIGHT -OF -WAY) AND LONNQUIST BOULEVARD ( VILLAGE OF MOUNT PROSPECT RIGHT -OF -WAY) WHEREAS, the Village of Mount Prospect (the "Village ") is a home rule unit of government pursuant to the Illinois Constitution of 1970; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,) authorizes and encourages intergovernmental cooperation; and WHEREAS, the Village of Mount Prospect and the County of Cook (the "County ") are units of government within the meaning of the Constitution of the State of Illinois, 1970 Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, in order to ensure the safety of pedestrians and the motoring public, the County and the Village wish to make pedestrian safety improvements along Busse Road at Lonnquist Boulevard; and WHEREAS, the improvement is described as pedestrian facility enhancements and shall include installation of a new Rapid Rectangular Flashing Beacon (RRFB) System, sidewalk removal and replacement, ADA compliant sidewalk ramps, pedestrian signage, crosswalk pavement markings, landscaping and other attendant highway appurtenances and the project is designated County Section: 13- W7140- 02 -TL. WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of the Village will be served by entering into the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute the Intergovernmental Agreement between the Village of Mount Prospect and the County of Cook for pedestrian safety improvements along Busse Road at Lonnquist Boulevard attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 18th day of Februa 2014. Arlene A. Jurace Mayor ATTEST - M. Lisa Angell Village Clerk 263607_1 INTERGOVERNMENTAL AGREEMENT THE COUNTY OF COOK BUSSE ROAD At Lonnquist Boulevard VILLAGE OF MOUNT PROSPECT Section: 13- W7140 -02 -TL This Intergovernmental Agreement (the "Agreement ") is made and entered into by and between the County of Cook (the "County "), a body politic and corporate of the State of Illinois, and the Village of Mount Prospect (the "Village "), a municipal corporation of the State of Illinois. The County and the Village are sometimes collectively referred to as the "Parties." RECITALS WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.), authorizes and encourages intergovernmental cooperation; and WHEREAS, the County and the Village are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, in order to ensure the safety of pedestrians and the motoring public, the County and the City wish to make pedestrian safety improvements along Busse Road at Lonnquist Boulevard; and WHEREAS, the improvement is described as pedestrian facility enhancements and shall include installation of a new Rapid Rectangular Flashing Beacon (RRFB) System, sidewalk removal and replacement, ADA compliant sidewalk ramps, pedestrian signage, crosswalk pavement markings, landscaping and other attendant highway appurtenances (hereinafter called "Project ") and said Project is herein designated as County Section: 13- W7140- 02 -TL; and WHEREAS, the County and the Village, by this instrument, desire to memorialize their respective obligations and responsibilities toward engineering, construction and funding as well as future maintenance responsibilities of the completed Project; and NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS The above recitals are incorporated into this Agreement as if fully set forth herein. INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7140-02-TL SECTION 2. TERM AND TERMINATION This Agreement between the County and the Village shall not become effective unless authorized and executed by the Cook County Board of Commissioners and an authorized representative of the Village. This Agreement is a legal, valid and binding agreement, enforceable against the Village and, once duly authorized and executed by the Cook County Board of Commissioners, against the County, in accordance with its terms. This Agreement shall terminate upon completion of the Project. Notwithstanding the foregoing, the parties hereto agree that the Post - Project Maintenance provisions of Sections 4.4 and 5.10 of this Agreement shall survive termination. SECTION 3. PROJECT FUNDS 3.1 County's Share of the Project The County's share of expenses for the Project shall be equal to fifty (50 %) percent of the actual construction costs of the Project and is estimated as Nineteen Thousand Three Hundred Seventy and 25/100 Dollars ($19,370.25). 3.2 Village's Share of the Project. The Village's share of expenses for the Project shall be equal to fifty (50 %) percent of the actual construction costs of the Project and is estimated as Nineteen Thousand Three Hundred Seventy and 25/100 Dollars ($19,370.25). 3.3 Cost Estimates The Village Share and the County Share are more fully described in the Funding Breakdown for the Project construction costs which is incorporated and attached hereto as Exhibit A. The Funding Breakdown is only an estimate and does not limit the financial obligations of the Parties as described in 3.1 and 3.2 above. SECTION 4. COUNTY'S RESPONSIBILITIES 4.1 Plan Review The County shall review the design engineering plan submittals and approve same in a timely manner. 4.2 Final Inspection. The County shall participate in the Final Inspection and accept the completed Project. 4.3 Payments to the Village. The costs that the County is obligated to pay as described in Section 3. Project Funds, shall be paid in a single installment based upon the actual quantities used and the contract unit prices as awarded for the Project construction costs. The County share estimated as Nineteen Thousand Three Hundred Seventy and 25/100 Dollars ($19,370.25) shall be invoiced by the Village within ninety (90) days following Final Inspection of the completed Project and the County shall pay the Village within ninety (90) days after receipt of the invoice from the Village. 4.4 Post - Project Maintenance Following acceptance of the Project after a Final Inspection conducted jointly with the Village and the County, the County shall: 4.4.1 Monitor the operational status of the RRFB System along Busse Road at Lonnquist Boulevard, through its Electrical Maintenance Contractor who will inform the Village of any equipment requiring repair. 4.4.2 Cause the RRFB System to be maintained and be responsible for all settings at the intersection. Page 2 of 7 INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7140-02-TL 4.4.3 Bill the Village on a quarterly basis for one hundred (100 %) percent of the maintenance costs for the RRFB System. 4.4.4 In the event of a knock -down, the County's Electrical Maintenance Contractor shall reset the flasher post, signal head and other equipment attached to the post. 4.4.5 Own and maintain all "warning" signage and pavement striping/markings for crosswalks within County Right -of -Way in accordance with Cook County standards. SECTION 5. VILLAGE'S OBLIGATIONS 5.1 Village as Lead Agent; Appropriation of Funds. The Village shall finance the construction and construction engineering and act as Lead Agent for the Project. 5.2 Design En ing eedM The Village shall conduct design engineering and prepare the Project construction plans, specifications, estimates and contract documents, and obtain the necessary approvals, including from County, at the Village's sole expense. 5.3 Electrical Contractor. The RRFB System shall be installed by an Electrical Contractor approved by the Cook County Department of Transportation and Highways. 5.4 Equipment. All RRFB System equipment shall be of the type and brand that is acceptable to the Cook County Department of Transportation and Highways. One (1) copy of all approved catalog cuts shall be furnished to the County prior to installation. 5.5 Electronic Plan File The Village shall furnish the County with one (1) set of 36 "x24" reproducible "As- Built" construction plan mylar's for the Project with Microstation compatible CAD files before the Final Inspection is scheduled. 5.6 Construction The Village shall provide construction engineering and cause the Project to be built in accordance with the approved design plans, specifications and construction contract. 5.7 Final Inspection. The Village shall provide the County fourteen (14) days notice of the Final Inspection for the completed Project. The County contacts are Ms. Holly Cichy, Bureau Chief of Construction, at 312 -603 -1613 and Mr. Richard Jezierny, Mechanical and Electrical Division Head, at 312- 603 -1730. 5.8 Public Notification of the Project The Village shall coordinate and control public notification of the Project scope, timing and duration through methods of communication such as the Village newsletter, website, etc. 5.9 County's Identifier. The Village shall reference all correspondence, plans, invoices and other documents for the Project with the County's identifier Section: 13-W7140-02-TL. 5.10 Post - Project Maintenance Following acceptance of the Project after a Final Inspection conducted jointly with the Village and the County, the Village shall: 5.10.1 Own the RRFB System installed as part of the Project. Page 3 of 7 INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7]40-02-TL 5.10.2 Pay the County for one hundred (100 %) percent of the maintenance charges for the RRFB System within thirty (30) days of County's quarterly (3 months) statement of same. Payments to the County shall be by check payable to the Treasurer of Cook County, for deposit into the County's Motor Fuel Tax Account 600 -585 and mailed to the County's Superintendent, Department of Transportation and Highways. 5.10.3 Pay the County's Electrical Maintenance Contractor to replace the batteries for the RRFB System. The batteries shall be replaced at seventy -five (75 %) percent of their life expectancy or sooner, if they fail, and/or every five (5) years. 5.10.4 Pay the County's Electrical Maintenance Contractor to repair and/or replace the flasher controller, charging system, signal heads, pushbutton or solar cell components of the RRFB System as may become necessary. 5.10.5 In the event of a knock -down, the Village shall pay the County's Electrical Maintenance Contractor if the controllers, charging system, signal heads, push buttons or solar cell are damaged. 5.10.6 Own, operate and maintain the sidewalk improved /constructed as part of the Project. 5.10.7 Own and maintain all "bike route" signage installed within Village Right -of -Way. SECTION 6. GENERAL PROVISIONS 6.1 Governing Law and Venue This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County and each Party hereby irrevocably consents to the personal and subject matter jurisdiction of such court and waives any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions, or proceedings. 6.2 Default The Village shall be in default hereunder in the event of a material breach by the Village of any term or condition of this Agreement including, but not limited to, a representation or warranty, where the Village has failed to cure such breach within thirty (30) days after written notice of breach is given to Village by the County, setting forth the nature of such breach. Failure of County to give written notice of breach to the Village shall not be deemed to be a waiver of the County's right to assert such breach at a later time. Upon default by the Village, the County shall be entitled to exercise all available remedies at law and in equity, including but not limited to termination of this Agreement upon thirty (30) days' notice to the Village. The County shall be in default hereunder in the event of a material breach by the County of any term or condition of this Agreement including, but not limited to, a representation or warranty, where the County has failed to cure such breach within thirty (30) days after written notice of breach is given to the County by the Village, setting forth the nature of such breach. Upon default by the County, the Village shall be entitled to exercise all available remedies at law and in equity, including but not limited to termination of this Agreement upon thirty (30) days notice to the County. Page 4 of 7 INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7140-02-TL 6.3 Modification This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties. Provided, however, the Parties agree that provisions required to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted whether or not they appear in this Agreement and that in no event will the failure to insert such provisions prevent the enforcement of this Agreement. 6.4 Binding Successors The County and the Village agree that their respective successors and assigns shall be bound by the terms of this Agreement. 6.5 Compliance with Department of Transportation and Highways Permits This Agreement shall serve in lieu of a separate County permit for the RRFB System installed as part of the Project; and, by execution of this Agreement, the Village shall be bound to the General Terms for Department of Transportation and Highways Permits as they exist the date of execution of this Agreement by County. 6.6 Force Majeure Neither the County nor the Village shall be liable for failing to fulfill any obligation under this Agreement to the extent any such failure is caused by any event beyond such Party's control and which event is not caused by such Party's fault or negligence. Such events shall include but not be limited to acts of God, acts of war, fires, lightning, floods, epidemics or riots. 6.7 Notices Unless otherwise specified, any notice, demand or request required under this Agreement must be given in writing at the addresses set forth below by any of the following means: personal service, overnight courier or first class mail. TO THE COUNTY: Mr. John Yonan, P.E. Superintendent Cook County Department of Transportation & Highways 69 West Washington, Suite 2300 Chicago, IL 60602 TO THE VILLAGE OF MOUNT PROSPECT: Mr. Jeff Wulbecker Village Engineer Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 6.o Entire Agreement This Agreement constitutes the entire agreement between the County and the Village, merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and writing with respect to such subject matter hereof. Page 5 of 7 INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7140-02-TL IN WITNESS WHEREOF, the County and the Village have caused this Agreement to be executed by their respective officials on the dates as shown. EXECUTED BY COUNTY: Toni Preckwinkle President Board of County Commissioners EXECUTED BY VILLAGE OF MOUNT PROSP CT: �� Arlene A. Jurac Mayor 6 This tday of, , rt ,,h,D. 2014 ATTEST: County Clerk (SEAL) ----------------------------- RECOMMENDED BY: Super' ndent Dep ent of Trans ation and Highways V q � This / V- day o , D. 2014. ATTEST -� Village Clerk (SEAL) APPROVED AS TO FORM: Anita Alvarez, State's Attorney Assistant State's Attorney APPROVED BY BOARD OF COOK COUNTY COMMISSIONERS APR 0 9 2014 com Page 6 of 7 I, DAVID D. ORR, County Clerk of Cook County, in the State of Illinois, aforesaid and keeper of the records and files of said Cook County, do hereby certify that The Board of Commissioners of the County of Cook, at their regular meeting held on April 9, 2014, passed the following Resolution: 14 -R- RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS RESOLVED, that the President of the Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, is hereby authorized and directed by the Members of said Board, to execute by original signature or authorized signature stamp, two (2) copies of an Intergovernmental Agreement between the County and the Village of Mount Prospect, wherein the Village will be the lead agency for design and construction of pedestrian facility enhancements at the intersection of Busse Road at Lonnquist Boulevard, including installation of a new Rapid Rectangular Flashing Beacon (RRFB) System, sidewalk removal and replacement, ADA compliant sidewalk ramps, pedestrian signage, crosswalk pavement markings and landscaping; that the Village will pay the County for one hundred (100 %) percent of the RRFB system maintenance costs; that Cook County will pay for fifty (50 %) percent of the enhancement construction costs and reimburse the Village for said costs (estimated total County share $19,370.25) for the improvement to be identified as Cook County Section: 13- W7140- 02 -TL; and, the Department of Transportation and Highways is authorized and directed to return one certified copy of this Resolution with Agreement to the Village of Mount Prospect. All of which appears from the record and files of my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County, this 9 th day of April A.D. 2014. (SEAL) COUNTY CLERK HATransportation & P1anning \P1anning\AGREEMENTS \11 -TS AGRMTS \Resolutions \Res W7140 -02 -TL Mt Prospect - RRFB.doc COOK COUNTY COM MISSION €CIS APR 0 9 2014 INTERGOVERNMENTAL AGREEMENT Busse Road at Lonnquist Boulevard Section: 13-W7140-02-TL EXHIBIT A Project Construction Costs Funding Breakdown ITEM ESTIMATED ESTIMATED TOTAL VILLAGE VILLGE COUNTY COUNTY QUANTITY COST SHARE COST SHARE COST Rapid Rectangular Flashing Beacon (RRFB) System, Complete 1 EA $12,000.00 50% $6,000.00 50% $6,000.00 Sidewalk Removal 925 SF $3,700.00 50% $1,850.00 50% $1,850.00 Earth Excavation 16 CY $1,200.00 50% $600.00 50% $600.00 Remove Sign & Post Assembly 8 EA $160.00 50% $80.00 50% $80.00 Remove Pavement Markings 212 SF $424.00 50% $212.00 50% $212.00 5" PCC Sidewalk 435 SF $3,480.00 50% $1,740.00 50% $1,740.00 3" HMA Shared Use Path 525 SF $4,200.00 50% $2,100.00 50% $2,100.00 Aggregate Subbase, Type B 16 CY $1,600.00 50% $800.00 50% $800.00 Curb & Gutter Removal & Replacement 5 LF $100.00 50% $50.00 50% $50.00 Detectable Warnings 56 SF $3,360.00 50% $1,680.00 50% $1,680.00 Pedestrian Crossing Sign (W11 -15) 3000 2 EA $160.00 50% $80.00 50% $80.00 Pedestrian Crossing Ahead Sign (W 16- 9p)24x12 2 EA $80.00 50% $40.00 50% $40.00 Bike Route Sign, 24x18 2 EA $160.00 50% $80.00 50% $80.00 Bike Route Arrow Sign (M6 -1) 12x9 2 EA $80.00 50% $40.00 50% $40.00 Sign Post, 12', Green 2 EA $80.00 50% $40.00 50% $40.00 Sign Post, 15', Galvanized 2 EA $100.00 50% $50.00 50% $50.00 Inlet Filter Basket 1 EA $100.00 50% $50.00 50% $50.00 White Pavement Marking, 6" Line (Thermoplastic) 98 LF $220.50 50% $110.25 50% $110.25 White Pavement Marking, 12" Line (Thermoplastic) 142 LF $639.00 50% $319.50 50% $319.50 Concrete Foundation, Type A 2 EA $2,000.00 50% $1,000.00 50% $1,000.00 Concrete Cure & Seal Compound, p Special 49 SY $147. 00 50% $73.50 ° 50 /o $73.50 Furnishing & Placing Topsoil 65 SY $390.00 50% $195.00 50% $195.00 Sod, Special 65 SY $1,300.00 50% $650.00 50% $650.00 Traffic Control and Protection 1 LSUM $2,000.00 50% $1,000.00 50% $1,000.00 Tree Fencing 30 LF $60.00 50% $30.00 50% $30.00 Maintenance Bond (24- month) 1 LSUM $1,000.00 50% $500.00 50% $500.00 TOTAL $38,740.50 $19,370.25 $19,370.25 H: \Transportation & Planning\Planning\AGREEMENTS\1 1 -TS AGRMTS \W7140 -02 -TL Mt Prospect - RRFB.doc Page 7 of 7