HomeMy WebLinkAboutRes 25-14 09/16/2014 Intergovernmental Agreement Between VOMP and VAH for Construction and Maintenance of Pedestrian Crossing at Central and Arthur and Central and Bosch RESOLUTION NO. 25-14
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
THE VILLAGE OF ARLINGTON HEIGHTS FOR THE CONSTRUCTION AND MAINTENANCE
OF PEDESTRIAN CROSSING IMPROVEMENTS AT THE INTERSECTIONS OF
CENTRAL ROAD AND ARTHUR AVENUE AND CENTRAL ROAD AND BOSCH DRIVEWAY
WHEREAS, the Village of Mount Prospect 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 Village of Arlington Heights 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 Village of Arlington
Heights and the Village of Mount Prospect wish to make pedestrian safety improvements at the
intersections of Central Road and Arthur Avenue and Central Road and Bosch Driveway; and
WHEREAS, the Mayor 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 MAYOR 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
Mayor to execute the Intergovernmental Agreement between the Village of Mount Prospect and the Village
of Arlington Heights for pedestrian safety improvements at the intersections of Central Road and Arthur
Avenue and Central Road and Bosch Driveway 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
ABSTAIN: None
PASSED and APPROVED this 16th day of September, 2014.
� -
Arlene A. Juracek 41
Mayor
ATTEST:
�ngell
Village Clerk
A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGES OF ARLINGTON HEIGHTS AND MOUNT PROSPECT
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF ARLINGTON HEIGHTS:
SECTION ONE: A certain intergovernmental agreement by and between the Villages of
Arlington Heights and Mount Prospect, dated August 18, 2014, related to the construction of
pedestrian signal safety improvements on Central Road at Arthur Avenue and Bosch Driveway, a
true and correct copy of which is attached hereto, be and the same is hereby approved.
SECTION TWO: The Village President and Village Clerk are hereby authorized and
directed to execute said intergovernmental agreement on behalf of the Village of Arlington
Heights.
SECTION THREE: This Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law and the agreement shall be recorded in the
Office of the Recorder of Cook County, Illinois.
AYES: SIDOR, FARWELL, BLACKWOOD, ROSENBERG, LABEDZ, SCALETTA, TINAGLIA,
GLASGOW, HAYES
NAYS: NONE
PASSED AND APPROVED this 18th day of August, 2014.
ATTEST: Village President �
-
Village Clerk
AGREEMENTRES:Intergovernmental Agreement—Mount Prospect
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INTERGOVERNMENTAL AGREEMENT
VILLAGE OF MOUNT PROSPECT CENTRAL ROAD
At Arthur Avenue
VILLAGE OF ARLINGTON HEIGHTS CENTRAL ROAD
At Bosch Driveway
This Intergovernmental Agreement (the "Agreement") is made and entered into by and
between the Village of Mount Prospect ("Mount Prospect"), a municipal corporation of the State
of Illinois, and the Village of Arlington Heights ("Arlington Heights"), a municipal corporation
of the State of Illinois. Mount Prospect and Arlington Heights 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.), authorize and encourage intergovernmental cooperation; and
WHEREAS, Mount Prospect and Arlington Heights 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, Mount
Prospect and Arlington Heights wish to make pedestrian safety improvements at the intersections
of Central Road and Arthur Avenue and Central Road and Bosch Driveway; and
WHEREAS, the improvement is described as additional pedestrian signals and
appurtenances to provide a complete crossing system at both intersections, sidewalks, Americans
with Disabilities Act ("ADA") compliant sidewalk ramps and crosswalk pavement markings
(hereinafter called "Project"); and
WHEREAS, Mount Prospect and Arlington Heights, by this instrument, desire to
memorialize their respective obligations and responsibilities toward plan development,
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:
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SECTION 1. INCORPORATION OF RECITALS
The above recitals are incorporated into this Agreement as if fully set forth herein.
SECTION 2. TERM AND TERMINATION
This Agreement between Mount Prospect and Arlington Heights shall not become effective
unless authorized and executed by authorized representatives of both municipalities. This
Agreement is a legal, valid and binding agreement, enforceable against both Mount Prospect and
Arlington Heights in accordance with its terms. This Agreement shall terminate upon
completion of the Project.
SECTION 3. PROJECT FUNDS
3.1 Mount Prospect's Share of the Project. Mount Prospect's share of the expenses for the
Project shall be equal to 33% of the total costs of the Project that consist of design
engineering, construction engineering and construction costs and is estimated as $25,740.
3.2 Arlington Heights' Share of the Proiect. Arlington Heights' share of the expenses for the
Project shall be equal to 67% of the total costs of the Project that consist of design
engineering, construction engineering and construction costs and is estimated as $52,260.
3.3 Cost Estimates, The Mount Prospect share and the Arlington Heights share are more
fully described in the Funding Breakdown for the Project 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. PROJECT REVIEW AND APPROVAL
The Project will require review and approval from the Illinois Department of Transportation
("IDOT"). A permit from IDOT will be needed prior to construction and such permit will be
issued to Mount Prospect as the Lead Agent for the Project.
SECTION 5. ENGINEERING CONSULTANT AND CONTRACTOR
5.1 An engineering consultant will need to be retained for the Project and a contractor will be
needed for Project construction.
5.2 The engineering consultant will provide professional services for developing plans and
specifications for the Project, incorporating the pedestrian signal timing into the overall
traffic signal timing program, obtaining necessary approvals from IDOT, providing a
construction cost estimate, assisting with the bid process and providing construction
inspection.
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5.3 The contractor shall manage the construction activities related to the Project and meet all
the requirements set forth by IDOT and Mount Prospect and/or Arlington Heights and
included in the engineering plans and specifications.
SECTION 6. MOUNT PROSPECT'S RESPONSIBILITIES
6.1 Mount Prospect as the Lead Agent. Mount Prospect shall act as the Lead Agent for the
Project. As the Lead Agent, Mount Prospect will have oversight for the plan
development phase of the Project, the bid process and procedures, and the construction
phase.
6.2 Engineeriniz Consultant and Contractor. Mount Prospect will secure the engineering
consultant and the contractor who shall perform the services described in Section 5
above, with the input and concurrence of Arlington Heights. Mount Prospect shall have
the sole expense for the costs of any Request for Proposals ("RFP") and/or bidding
processes required to secure the services of the engineering consultant and the contractor
for the Project.
6.3 Design Engineering. Mount Prospect shall conduct design engineering and prepare the
Project construction plans, specifications, estimates and contract documents, with the
input and concurrence of Arlington Heights, and obtain the necessary approvals,
including from IDOT.
6.4 Payment of Engineering Consultant and Contractor. Mount Prospect shall pay the
engineering consultant and the Project contractor directly.
6.5 Construction. Mount Prospect shall provide construction engineering and ensure that the
Project is built in accordance with approved design plans, specifications and a
construction contract.
6.6 Equipment. All pedestrian signal equipment shall be of the type and brand that is
acceptable to IDOT. Mount Prospect shall be responsible for securing IDOT approval for
the pedestrian signal equipment. One copy of all approved catalog cuts shall be furnished
to IDOT prior to installation.
6.7 As-Built Drawings. Mount Prospect shall furnish IDOT as-built construction drawings
prior to the Final Inspection of the Project.
6.8 Invoicing and Reimbursement. Mount Prospect shall invoice Arlington Heights and seek
reimbursement for its share of the expense for the Project design engineering,
construction engineering and construction.
6.10 Public Notification of the Project. Mount Prospect and Arlington Heights shall each
coordinate and control public notification of the Project scope, timing and duration for its
community through methods of communication such as village newsletters, websites, etc.
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SECTION 7. ARLINGTON HEIGHTS' RESPONSIBILITIES
7.1 Engineering Consultant. Arlington Heights shall provide input with the selection of the
engineering consultant who will perform the duties described in Section 5, above.
7.2 Plan Development. Arlington Heights shall provide input with all decisions pertaining to
the development of Project plans.
7.3 Project Construction. Arlington Heights shall provide input with all decisions pertaining
to Project construction.
7.4 Bid Process. Arlington Heights shall provide input with all decisions pertaining to bid
process for the Project.
7.5 Final Inspection. Arlington Heights shall participate in the Final Inspection of the Project
once construction is completed.
7.6 Payments to Mount Prospect. Mount Prospect shall pay the costs for Project design
engineering, construction engineering and construction directly. Mount Prospect shall
send Arlington Heights an invoice for its share of the Project costs within 90 days of
completion of the three phases: design engineering, construction engineering, and
construction. Arlington Heights shall pay Mount Prospect within 90 days after receipt of
said invoices from Mount Prospect.
SECTION 8. MAINTENANCE
8.1 Ownership of Traffic Signals at the Intersections. IDOT owns the traffic signals at the
intersections of Central Road and Arthur Avenue and Central Road and Bosch Driveway,
including pedestrian signals and it shall own the pedestrian signals installed as part of the
Project.
8.2 Maintenance at the Central Road and Arthur Avenue Intersection. IDOT oversees
maintenance of the traffic signals, including the pedestrian signals, at the Central Road
and Arthur Avenue intersection and pays 100% of the maintenance costs. This
arrangement shall continue with regard to the pedestrian signals that are part of the
Proj ect.
8.3 Maintenance at the Central Road and Bosch Driveway Intersection. IDOT oversees
maintenance of the traffic signals, including the pedestrian signals, at the Central Road
and Bosch Driveway intersection and Mount Prospect reimburses IDOT 100% of the
maintenance costs on a quarterly basis. This arrangement shall continue with regard to
the pedestrian signals that are part of the Project.
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SECTION 9. INDEMNIFICATION AND INSURANCE
Indemnification and Insurance. The maintenance of the traffic signals, including those installed
as part of the Project, shall be conducted by IDOT pursuant to an existing agreement between the
Parties and IDOT for ongoing maintenance of designated intersections in Mount Prospect and
Arlington Heights over which IDOT has jurisdiction. All applicable indemnification and
insurance provisions set forth in the current existing maintenance agreement(s) between IDOT
and Mount Prospect and Arlington Heights shall be in full force and effect with regard to the
maintenance of the traffic signals, including those installed as part of the Project, at the
intersections of Central Road and Arthur Avenue and Central Road and Bosch Driveway.
SECTION 10. GENERAL PROVISIONS
10.1 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 an waives any claim that such court does not
constitute a convenient and appropriate venue for such claims, suits, actions or
proceedings.
10.2 Default. Mount Prospect shall be in default hereunder in the event of a material breach
by Mount Prospect of any term or condition of this Agreement including, but not limited
to, a representation or warranty, where Mount Prospect has failed to cure such breach
within 30 days after written notice of breach is given to Mount Prospect by Arlington
Heights, setting forth the nature of such breach. Failure of Arlington Heights to give
written notice of breach to Mount Prospect shall not be deemed to be a waiver of
Arlington Heights' right to assert such breach at a later time. Upon default by Mount
Prospect, Arlington Heights shall be entitled to exercise all available remedies at law and
in equity, including but not limited to termination of this Agreement upon 30 days' notice
to Mount Prospect.
Arlington Heights shall be in default hereunder in the event of a material breach by
Arlington Heights of any term or condition of this Agreement including, but not limited
to, a representation or warranty, where Arlington Heights has failed to cure such breach
within 30 days after written notice of breach is given to Arlington Heights by Mount
Prospect, setting forth the nature of such breach. Upon default by Arlington Heights,
Mount Prospect shall be entitled to exercise all available remedies at law and in equity,
including but not limited to termination of this Agreement upon 30 days' notice to
Arlington Heights.
10.3 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
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Agreement and that in no event will the failure to insert such provisions prevent the
enforcement of this Agreement.
10.4 Binding Successors. Mount Prospect and Arlington Heights agree that their respective
successors and assigns shall be bound by the terms of this Agreement.
10.5 Force Majeure. Neither Mount Prospect nor Arlington Heights 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.
10.6 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 VILLAGE OF MOUNT PROSPECT
Mr. Sean Dorsey
Director of Public Works
Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
TO THE VILLAGE OF ARLINGTON HEIGHTS
Mr. James Massarelli
Director of Engineering
Village of Arlington Heights
33 South Arlington Heights Road
Arlington Heights, Illinois 60005
10.7 Entire Agreement. This Agreement constitutes the entire agreement between Mount
Prospect and Arlington Heights, 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.
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Exhibit A
Central-Arthur est Central-Bosch Pedestrian Signal Project
Preliminary Cost Estimate
Unit TOW
0122tw Unit i aaz tst° t
I„ Pedestrian Signal Head with Countdown Timer(16'x 18'),LEI),1-Face,BM EA 3 5700.00 52,100.00
Pedestrian Signal Head with Countdown Timer(16'x IS'),LED,2-Face,BM EA 3 41,400.00 44,200.00
1 Pedestrian Signal Push Button Assembly EA 10 5500.00 55,000.00
4 Remove Pedestrian Signal Equipment EA 1 5200.00 5200.00
Pedestrian Push Button Post EA 1 51,000.00 51,000.00
Galvanized Traffic Signal Post,16' EA 1 42,000.00 42,000.00
Remove&Replace Concrete Curb&t Gutter LF 120 $20.00 52,400.00
Concrete Sidewalk,5' SF 620 $12.00 57,440.00
Detectable Warnings SF 96 $40.00 53,840.00
, Concrete Foundation,Type A EA 2 51500.00 53,000.00
Underground Conduit&Cable Work LSITM 1 52,500.00 52500.00
Pavement Markings ISIUM 1 $3,000.00 53,000.00
t !Modify Existing Controller Cabinet EA 2 41,200.00 42,400.00
Traffic Control and Protection LS11M 1 ",000DO 54,000.00
Maintenance of Existing Traffic Signal System EA 2 41,000.00 S2,00C100
ESTIMATED TOTAL COST $40WW
CONTINGENCY tk1
ESTIMATED TOTAL COST W/CONTINGENCY $3
MOUNT PROSPECT 1/3) ARLINGTON HEIGHTS(2/31 TOTAL
DESIGN ENGINEERING(300M) A)
CONSTRUCTION ENGINEERING(209/6)
CONSTRUCTION
TOTAL 5rtt tJl}
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the last date
of execution set forth below.
VILLAGE OF MOUNT PROSPECT VILLAGE OF ARLINGTON HEIGHTS
By: By: •� ,
Mayor Village Presiden0li
Date-- q - 11 Date• i,l a`/y
Attest: Attest•
illage elerk Village Clerk
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