===== PDF PAGE 7 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _4~,~~------- Resolution No. 24-R-0080 - Intergovernmental Agreement FILE NUMBER: _____ _with the County of DuPage for Lighted Street Name Signs at Kress Road and Roosevelt Road (IL-38) and Fabyan COMMITTEE AGENDA DATE: November 7, 2024 Parkway and Roosevelt Road (IL-38) COUNCIL AGENDA DATE: November 18, 2024 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE _________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _________ _ ITEM SUMMARY: The Illinois Department of Transportation (IDOT) under its contract #62G63 is proposing a project along IL-38 from east of Technology Boulevard to County Farm Road. The major scope of work includes resurfacing within the project limits and upgrading sidewalks in compliance with the American Disability Act (ADA) requirements. As part of these improvements, in accordance with the City's 2016 Strategic Plan, the City of West Chicago requested installation of landscape medians at strategic locations, installation of LED street name signs at signalized intersections and painting signal equipment within the City limits. The requested improvements will provide aesthetic upgrades within the project corridor. On September 16, 2024 the City Council approved Resolution No. 24-R-0064 entering into an Intergovernmental Agreement (IGA) with IDOT to cover the costs for improvements requested by the City. Within the project limits, the intersection of Kress Road at Roosevelt Road and part of the intersection of Fabyan Parkway at Roosevelt Road are under the jurisdiction of County of DuPage. Staff approached the County for its desire to participate in the cost sharing for improvements at these intersections. The County has agreed to reimburse the City for the fabrication and installation and any future maintenance of two lighted street name signs and associated cables at these intersections, which will reduce the cost of City's participation. The costs will be determined at the completion of the project construction. The County has prepared an IGA to memorialize its participation. Staff has reviewed the IGA and recommends approval of the IGA. ACTIONS PROPOSED: Approve Resolution No. 24-R-0080 authorizing the Mayor to execute an Intergovernmental Agreement with the County of DuPage for Lighted Street Name Signs at Kress Road and Roosevelt Road (IL-38) and Fabyan Parkway and Roosevelt Road (IL-38). COMMITTEE RECOMMENDATION: ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] RESOLUTION NO. 24-R-0080 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF DUPAGE FOR LIGHTED STREET NAME SIGNS AT KRESS ROAD AND ROOSEVELT ROAD (IL-38) AND FABYAN PARKWAY AND ROOSEVELT ROAD (IL-38) WHEREAS, the City of West Chicago (MUNICIPALITY) has entered into a separate agreement with the Illinois Department of Transportation (hereinafter "IDOT")for roadway improvements along Roosevelt Road (IL 38) (hereinafter "PROJECT"); and WHEREAS, as part of the PROJECT, the MUNICIPALITY has requested the COUNTY to reimburse the MUNICIPALITY for the fabrication and installation and any future maintenance of two (2)lighted street name signs and associated cables at the intersections of the two (2) County Highways included in the PROJECT; at Roosevelt Road (IL 38)and CHIS/Kress Road and at Roosevelt Road (IL 38)and CH 21/Fabyan Parkway(hereinafter "STREET NAME SIGNS"); and WHEREAS, the COUNTY and MUNICIPALITY, in order to facilitate the free flow of traffic and ensure the safety of the public desire to enter into an intergovernmental agreement to define the construction, energy responsibilities and future maintenance related to said STREET NAME SIGNS; and WHEREAS, the STREET NAME SIGNS lie within the corporate limits of the MUNICIPALITY; and WHEREAS, the COUNTY and the MUNICIPALITY have determined that it is in their mutual best interests to enter into this AGREEMENT; and WHEREAS, the COUNTY by virtue of its power set forth in "Counties Code" (55 ILCS 5/5-1001 et seq.) and "Illinois Highway Code" (605 ILCS 5/5-101 et seq.), ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] and the MUNICIPALITY by virtue of its power set forth in the "Municipal Code" (65 ILCS 5/1-1-1 et seq.) are authorized to enter into this AGREEMENT; and BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute an Intergovernmental Agreement with the County of DuPage for lighted street name signs at Kress Road and Roosevelt Road (IL-38) and Fabyan Parkway and Roosevelt Road (IL-38), in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 18th day ofNovember 2024. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE CITY OF WEST CHICAGO FOR LIGHTED STREET NAME SIGNS AT CH 18/KRESS ROAD AND ROOSEVELT ROAD (IL 38) AND CH 21/FABYAN PARKWAY AND ROOSEVELT ROAD (IL 38) This Agreement (hereinafter referred to as "AGREEMENT") is executed this ____ day of _________ , 2024, between the County of DuPage (hereinafter referred to as "COUNTY") , a body corporate and politic, with offices at 421 North County Farm Road, Wheaton, Illinois and the City of West Chicago, Illinois (hereinafter referred to as "MUNICIPALITY"), municipal corporation and home rule unit of local government under the laws and constitution of the State of Illinois, with offices at 475 Main Street, West Chicago, Illinois 60185. The COUNTY and the MUNICIPALITY are hereinafter sometimes individually referred to as a "party" or together as the"parties." RECITALS WHEREAS, the MUNICIPALITY has entered into a separate agreement with the Illinois Department of Transportation (hereinafter "IDOT")for roadway improvements along Roosevelt Road ( IL 38) (hereinafter "PROJECT"); and WHEREAS, as part of the PROJECT, the MUNICIPALITY has requested the COUNTY to reimburse the MUNICIPALITY for the fabrication and installation and any future maintenance of two (2)lighted street name signs and associated cables at the intersections of the two (2) County Highways included in the PROJECT; at Roosevelt Road (IL 38)and CH18/Kress Road and at Roosevelt Road (IL 38)and CH 21/Fabyan Parkway(hereinafter "STREET NAME SIGNS"); and WHEREAS, the COUNTY and MUNICIPALITY, in order to facilitate the free flow of traffic and ensure the safety of the public desire to enter into an intergovernmental agreement to define the construction, energy responsibilities and future maintenance related to said STREET NAME SIGNS; and WHEREAS, the STREET NAME SIGNS lie within the corporate limits of the MUNICIPALITY; and WHEREAS, the COUNTY and the MUNICIPALITY have determined that it is in their mutual best interests to enter into this AGREEMENT; and WHEREAS, the COUNTY by virtue of its power set forth in "Counties Code" (55 ILCS 5/5-1001 et seq.) and "Illinois Highway Code" (605 ILCS 5/5-101 et seq.), and the MUNICIPALITY by virtue of its power set forth IGA for LED Street Signs West Chicago 1 10.16.24 ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] in the "Municipal Code" (65 ILCS 5/1-1-1 et seq.) are authorized to enter into this AGREEMENT; and NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms, and conditions herein set forth, and the understandings of each party to the other, the parties do hereby mutually covenant, promise and agree as follows: 1.0 INCORPORATION 1.1 . All recitals set forth above are incorporated herein and made part thereof, the same constituting the factual basis for this AGREEMENT. 1.2. The headings of the paragraphs and subparagraphs of this AGREEMENT are the inserts for convenience of reference only and shall not be deemed to constitute part of this AGREEMENT or to affect the construction hereof. 2.0 SCOPE OF AGREEMENT 2.1 The COUNTY and the MUNICIPALITY agree that the scope of this AGREEMENT involves the COUNTY to reimburse the MUNICIPALITY for the fabrication, and installation of the signs as part of the PROJECT and future costs incurred by the MUNICIPALITY, pursuant to Section 3.4 and 3.5 herein, of the two (2) STREET NAME SIGNS as listed below: Lighted Street Sign One Doub1e-Sided Sign Location Roosevelt Road (IL38) Indicating "Kress Road" at CH 18 Kress Road Roosevelt Road (IL38) Indicating "Fabyan Parkway" at CH 21 Fabyan Parkway 3.0 RESPONSIBILITIES OF THE COUNTY 3.1 The COUNTY agrees to reimburse the MUNICIPALITY for the actual costs incurred as part of the PROJECT to furnish and install the two (2) STREET NAME SIGNS in Section 2.0 above, as well as associated electrical cables and peripheral hardware. The COUNTY shall make said payments as outlined hereinafter. IGA for LED Street Signs West Chicago 2 10.16.24 ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] 3.2 The COUNTY agrees to pay the MUNICIPALITY fifty percent (50%) of the costs upon award of the contract by IDOT for the STREET NAME SIGNS, including associated cable, based upon as-bid unit prices and upon receipt of a properly documented invoice from the MUNICIPALITY. The COUNTY will pay within sixty (60) days of receipt. 3.3 Upon completion and acceptance of the STREET NAME SIGNS, not to be unreasonably withheld by the COUNTY, and based upon the documentation of final costs and quantities for the fabrication and installation of the STREET NAME SIGNS, including associated cable, submitted by the MUNICIPALITY to the COUNTY in a final invoice, the COUNTY agrees to reimburse the MUNICIPALITY the balance of the actual cost as referenced herein above within sixty (60) days of receipt of a properly documented invoice from the MUNICIPALITY. 3.4 The COUNTY shall reimburse the MUNICIPALITY for the actual costs of maintaining the STREET NAME SIGNS when the MUNICIPALITY is invoiced by IDOT or the IDOT's electrical maintenance contractor and the COUNTY receives a properly documented invoice from the MUNICIPALITY. The COUNTY will pay within sixty (60) days of receipt. 3.5 The COUNTY reserves the right to coordinate any necessary maintenance activities with IDOT or other entities as the COUNTY deems appropriate and to pay maintenance costs directly to IDOT, IDOT's electrical maintenance contractor, the COUNTY' s electrical maintenance contractor, or other qualified entities without involving the MUNICIPALITY. 4.0 RESPONSIBILITIES OF THE MUNICIPALITY 4 .1 MUNICIPALITY shall make all necessary arrangements for engineering, construction, and ongoing maintenance with IDOT at no cost to the COUNTY except as set forth herein. 4. 2 MUNICIPALITY shall be responsible for any energy costs billed by IDOT or the energy provider related to the STREET NAME SIGNS. 4. 3 MUNICIPALITY agrees to waive all local permit fees for the COUNTY related to the PROJECT, and any future maintenance activities, if applicable. IGA for LED Street Signs West Chicago 3 10.16.24 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] 5.0 FUTURE MODERNIZATION/RECONSTRUCTION 5.1 The parties acknowledge that this AGREEMENT does not change or alter any existing responsibilities for maintenance or energy costs of any other elements of the traffic signal installations in the PROJECT. Further, this AGREEMENT does not obligatef either party, nor IDOT, to continue to maintain or operate STREET NAME SIGNS. However, during the term of this AGREEMENT, so long as the STREET NAME SIGNS are operational, the parties agree to maintain and pay for the signs' operation according to the terms of this AGREEMENT. 5.2 If, in the future, it is determined that one or both of the traffic signals in the PROJECT require modernization or reconstruction due to age, condition, etc. or if any construction project ( s) is undertaken by IDOT, MUNICIPALITY, or COUNTY, which result in the need to modernize or reconstruct said traffic signals, the COUNTY will be responsible for the costs to relocate or replace the STREET NAME SIGNS. 5.3 If, in the future, any modifications to the STREET NAME SIGNS are required resulting from work undertaken by a third-party entity, including but not limited to a private developer, utility company, airport authority, school district, or park district, none of the construction costs related to the STREET NAME SIGNS will be charged to the COUNTY. The MUNCIPALITY shall be responsible for assigning costs to the proper entity for said work. 6.0 INDEMNIFICATION 6.1 The COUNTY shall, to the extent permitted by law, indemnify, hold harmless and defend MUNCIPALITY, 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 to the extent permitted by law. 6. 1.1. The COUNTY and MUNCIPALITY 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 IGA for LED Street Signs West Chicago 4 10.16.24 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] capacity to indemnify MUNCIPALITY as provided for in this AGREEMENT. In the event a court of 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 MUNCIPALITY, or any person or entity claiming a right through MUNCIPALITY, or in the event of change in the laws of the State of Illinois governing the 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. 6.2 MUNCIPALITY shall indemnify, hold harmless and defend the COUNTY, 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, MUNCIPALITY's negligent or willful acts, errors or omissions in its performance under this AGREEMENT to the extent permitted by law. MUNCIPALITY does not hereby waive any defenses or immunity available to it with respect to third parties. 6.3 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 paragraph 6 .1, who is not already an Assistant State's Attorney, 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 MUNCIPALITY's duty to indemnify, defend, and hold the COUNTY harmless, as set forth above. 6.4 The COUNTY does not waive, by these indemnity requirements, any defenses or protections under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) or otherwise available to it, or OWNER, under the law. IGA for LED Street Signs West Chicago 5 10.16.24 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] 6.5 Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. 7 . 0 AGREEMENT TERM 7.1 This AGREEMENT is effective from the date fully executed by the parties and remains in full force and effect for ten (10) years and will automatically renew at the end of each term for another ten (l0)years unless the County provides notice of termination at any time during a term pursuant to par. 14 .1. 8 . 0 ENTIRE AGREEMENT 8.1. This AGREEMENT represents the entire AGREEMENT between the parties with respect to the STREET NAME SIGNS and supersedes all previous communications or understandings whether oral or written. 9.0 NOTICES 9 .1. Any notice required hereunder shall be deemed properly given to the party to be notified at the time it is personally delivered or mailed by certified mail, return receipt requested, postage prepaid, to the party's address. The address of each party is as specified below; either party may change its address for receiving notices by giving notices thereof in compliance with the terms of this subsection. For MUNICIPALITY: City of West Chicago Public Works Department 475 Main Street West Chicago, IL 60185 Attn: Mehul Patel Director of Public Works Phone: 630.293.2200 Email: mpatel@westchicago.org IGA for LED Street Signs West Chicago 6 10.16.24 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] For COUNTY: DuPage County Division of Transportation 421 N. County Farm Road Wheaton, IL 60187 Attn: Stephen M. Travia, P.E. Director of Transportation Phone: 1 630.407.6900 Email: stephen.travia@dupagecounty.gov 10.0 AMENDMENT OR MODIFICATION OF THIS AGREEMENT 10.1 No modification or amendment to this AGREEMENT shall be effective until approved by the parties in writing. 10.0 NON-ASSIGNMENT 10.1 Subject to paragraph 10.2 hereinafter, this AGREEMENT shall not be assigned by either party without the written consent of the other party, whose consent shall not be unreasonably withheld. 10. 2 In the event, in the future, part or all of the PROJECT involving the STREET NAME SIGNS no longer lies within the corporate limits of the MUNICIPALITY, the MUNCIPALITY may, upon written notice to the COUNTY, per Section 9.0 above, but without the COUNTY's consent, assign all of its interest in and to this AGREEMENT to the Municipality/Agency that the PROJECT involving the STREET NAME SIGNS becomes a part of. 11.0 GOVERNING LAW 11.1. This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance. 11.2. The forum for resolving any disputes concerning the parties' respective performance, or failure to perform, under this AGREEMENT, shall be the Judicial Circuit Court for DuPage County. 12.0 SEVERABILITY 12.1. In the event any provision of this AGREEMENT is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the AGREEMENT. The remainder of this AGREEMENT shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms. IGA for LED Street Signs West Chicago 7 10.16.24 ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] 13.0 FORCE MAJEURE 13.1 Neither party shall be liable for any delay or non- performance of their obligations caused by any contingency beyond their control including but not limited to Acts of God, war, civil unrest, strikes, walkouts, fires and natural disasters. 14.0 TERMINATION 14. 1 The COUNTY may, at its sole discretion, withdraw ongoing financial and maintenance support for the STREET NAME SIGNS at any time and for any reason. In such case, the COUNTY shall notify the MUNICIPALITY at least sixty (60) days prior of its intent and give MUNICIPALITY the opportunity to make alternative arrangements for maintaining the STREET NAME SIGNS. IN WITNESS whereof, the parties set their hands and seals as of the date first written above. COUNTY OF DuPAGE CITY OF WEST CHIHCAGO Deborah A. Conroy, Chair Authorized Signatory DuPage County Board Print Name Title ATTEST: ATTEST: Jean Kaczmarek, County Clerk Signature Print Name Title IGA for LED Street Signs West Chicago 8 10.16.24