HomeMy WebLinkAbout25-132 Resolution No. 25-132
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
ELGIN TOWNSHIP ROAD DISTRICT IN CONNECTION WITH THE RESURFACING OF
VARIOUS TOWNSHIP ROADS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin
with Elgin Township Road District,for the resurfacing of various township roads,a copy of which
is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 23, 2025
Adopted: July 23, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE
ELGIN TOWNSHIP ROAD DISTRICT FOR COSTS ASSOCIATED WITH THE
RESURFACING OF VARIOUS TOWNSHIP ROADS
This Agreement is hereby made and entered into this 23 day of July 2025. by and
between the City of Elgin.a municipal corporation of the State of Illinois (hereinafter referred
to as the "City") and Elgin Township Road District, a body corporate and politic of the State
of Illinois (hereinafter referred to as the "Road District"). The City and the Road District are
hereinafter collectively referred to as the "Parties" and each individually as a "Party".
WITNESSETH
WHEREAS. the Illinois Constitution of 1970, Article VII, Section 10 and the
Intergovernmental Cooperation Act at 5 ILCS 220/1, et seq., authorize the Road District and
the City to cooperate in the performance of their respective duties and responsibilities by
contract and other agreements; and
WHEREAS. the Road District and the City believe it to be in the best interests of the
residents of both Parties to include the design. construction, and construction inspection of
various Road District roads within the City's annual road resurfacing program as doing so shall
facilitate the safe and efficient movement of traffic, shall minimize the disruption and
inconvenience experienced by City and township residents,and shall provide cost efficiencies
through the combination of construction efforts; and
WHEREAS, the Road District construction includes removing and replacing asphalt.
and the replacement of required pavement markings on various Road District streets including
the Road District portions of Weldwood Road. Flagpole Court. Leith Court. and Nolan Road
(the "Project"). and will be included in the City's 2025 resurfacing program. the location of
which is attached and made part hereof as Exhibit A: and
WHEREAS, the Project will consist generally of pavement milling and resurfacing,
ADA-complaint sidewalk access improvements, minor drainage and sewer structure
maintenance, subbase repair and replacement in various locations to improvement pavement
strength and other work aimed at fulfilling the primary purpose of the street resurfacing
program to provide pavement maintenance rather than pavement improvement: and
WHEREAS. the City shall oversee the Project and manage any agreement with the
contractor selected for the Project. Such City management and oversight shall include, but is
not limited to, bidding.construction contract award, construction observation, and inspections
and testing.
NOW. THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
1. The City agrees to conduct the surveys, prepare plans and specifications, receive bids.
award the construction contract,furnish engineering inspection during construction and
cause the improvement to be built in accordance with the approved plans,specifications
and contract.
2. The City agrees to pay for all construction and construction engineering costs subject
to reimbursement by the Road District,as hereinafter stipulated.
3. It is mutually agreed by and between the Parties hereto that the City and the Road
District will each pay for their respective costs on all items related to the materials,
labor,and engineering with regard to the Project. The Road District shall reimburse the
City for its share of the engineering and construction costs at the actual cost incurred
by the City for the Road District portions of the Project, plus the cost of any additional
items required to complete the Road District portion of the Project via change order.
The Road District agrees to reimburse the City one hundred percent(100%)of its share
of the engineering and construction costs, estimated to be Two Hundred Thirty One
Thousand Nine Hundred and Ninety dollars ($231,990) as shown on the attached
Exhibit B, and any and all change orders necessary to complete the Project.
4. The Parties have passed resolutions appropriating sufficient funds to pay their share of
the cost for this improvement.
5. The Road District further agrees,that upon award of the contract for this improvement,
the Road District will pay to the City, in a lump sum from any funds allotted to the
Road District an amount equal to eighty percent(80%) of its obligation incurred under
this Agreement,and will pay to the City the remainder of the obligation in a lump sum,
upon completion of the Road District segments of the Project, based upon final costs.
6. The Road District agrees with that portion of the plans and specifications relative to the
Road District's financial and maintenance obligations, approving the plans and
specifications as prepared.
7. Upon final field inspection of the improvement,the Road District agrees to maintain or
cause to be maintained those portions of the improvement under its authority which are
not maintained by the City.
8. The City shall indemnify, defend, and save harmless as herein provided, the Road
District, its officers, agents, officials, servants, and employees from any and all
liability, claims, manner of actions, cause, and causes of action, suits, sums of money,
covenants, controversies, agreements, promises, damages, judgments, claims, and
demands, whatsoever, in law or in equity, and particularly and without limiting the
generality of the forgoing any and all personal injuries, property damage or death,
including claims for indemnity or contribution and in any case or manner arising out
of, caused by, or in consequence of the negligence of the City's employees, officers,
agents, or servants, or out of, caused by, or in consequence of and relating in any
manner to this Agreement.
9. The Road District shall indemnify, defend, and save harmless as herein provided, the
City, its officers, agents, officials, servants, and employees from any and all liability,
claims,manner of actions,cause,and causes of action,suits,sums of money,covenants,
controversies, agreements, promises, damages, judgments, claims, and demands,
whatsoever, in law or in equity, and particularly and without limiting the generality of
the forgoing any and all personal injuries, property damage or death, including claims
for indemnity or contribution and in any case or manner arising out of,caused by,or in
consequence of the negligence of the Road District's employees, officers, agents, or
servants, or out of, caused by, or in consequence of and relating in any manner to this
Agreement.
10. The term of this Agreement shall end upon completion of the Project. This Agreement
may be extended thereafter on an annual basis by mutual written consent of both Parties
under the same terms and conditions as set forth herein.
11. The failure of either Party hereto,at any time,to insist upon performance or observation
of any term,covenant,agreement,or condition contained herein shall not in any manner
be construed as waiver of any right to enforce any term, covenant, agreement, or
condition herein contained.
12. The terms of this Agreement shall be severable. In the event any of the terms or
provisions of this Agreement are deemed to be void or otherwise unenforceable for any
reason, the remainder of this Agreement shall remain in full force and effect.
13. This Agreement shall be subject to and governed by laws of the State of Illinois. Venue
for the resolution of any disputes or the enforcement of any rights shall be in the Circuit
Court of the Sixteenth Judicial Circuit, Kane County, Illinois. Each Party shall be
responsible for their own attorneys' fees and costs.
14. This Agreement shall not be construed to create a joint venture, partnership,
employment or other agency relationship between the Parties hereto without penalty or
further obligation under this Agreement.
15. No official, director, officer, agent or employee of either Party hereto shall be charged
personally or held contractually liable under any term or provision of this Agreement,
or because of their execution, approval or attempted execution of this Agreement.
16. This Agreement represents the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements
between the Parties, whether written or oral. The terms of this Agreement shall not be
modified or amended except by written agreement of the Parties hereto, and only after
approval by their respective governing boards where such approval is required.
17. This Agreement shall be binding on the Parties hereto and their respective successors
and permitted assigns.Neither Party may assign,transfer or otherwise convey its rights
or obligations under this Agreement without the prior written consent of the other Party,
which may be withheld in such Party's sole discretion.
18.Notwithstanding any other provision of this Agreement, it is expressly agreed and
understood that in connection with the performance of this Agreement that the City and
the Road District shall comply with all applicable Federal, State, City and other
requirements of law, including, but not limited to, any applicable requirements
regarding prevailing wages, minimum wage, workplace safety and legal status of
employees. Without limiting the foregoing, the Parties hereby certify, represent and
warrant that their respective employees and/or agents that will be providing products
and/or services with respect to this Agreement shall be legal residents of the United
States. The Parties shall also, at their respective cost and expense, secure all permits
and licenses,pay all charges and fees,and give all notices necessary and incident to the
products and/or services to be provided for in this Agreement, as may be required by
law.
19. Notwithstanding any provisions herein to the contrary, this agreement is entered into
solely for the benefit of the contracting Parties, and nothing in this Agreement is
intended, either expressly or impliedly, to provide any right or benefit of any kind
whatsoever to any person and entity who is not a party to this Agreement or to
acknowledge, establish, or impose any legal duty to any third party. Nothing herein
shall be construed as an express or implied waiver of any common law and/or statutory
immunities and/or privileges of the Elgin Township Road District, the City of Elgin,
and/or any of their respective officials, officers,employees, volunteers and agents.
20. Notwithstanding any provision herein to the contrary, the insurance company, self-
insurance pool,risk provider,self-insured party,or similar entity of the Party providing
any indemnification hereunder shall be allowed to raise,on behalf of the Party,any and
all defenses, statutory and/or common law to such claim or action which the other Party
might have raised,including but not limited to any defense contained within the Illinois
Local Governmental and Governmental Employee Tort Immunity Act, 745 ILCS 10/1-
1-1 et seq.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the Road District and the City have caused this Agreement to be
signed and attested by their officials, pursuant to lawful authorizations for its execution.
ELGIN TOWNSHIP ROAD DISTRICT CITY OF E IN
By: j Kra bbe- By Ze)//'
Highway Commissioner City Manager
ATTEST: ATTEST:
40,14.4,4/30146,49, Attest el/1/
By: By:
Road District Clerk City Clerk
Date:J4 45( �e11
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE Exhibit A N
CITY OF ELGIN AND THE ELGIN TOWNSHIP ROAD LOCATION MAP
DISTRICT FOR COSTS ASSOCIATED WITH THE
RESURFACING OF VARIOUS TOWNSHIP ROADS E LG I N
THE CITY IN Trn--S.ui.uaas
Attachment B
Elgin Township Road District Intergovernmental Agreement Estimate of Construction and Engineering Costs
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
JOB NO: EG2408
DESIGNED: CJO
DATE: June 12,2025
PROJECT TITLE: ELGIN TOWNSHIP RESURFACING-AS BID PRICES COST ESTIMATE
ITEM UNIT
NO. ITEM UNIT QUANTITY PRICE AMOUNT
1 HOT-MIX ASPHALT SURFACE REMOVAL,BUTT-JOINT SQ YD 50 $ 5.00 $ 250.00
2 HOT-MIX ASPHALT SURFACE REMOVAL,2.5" SQ YD 13710 $ 2.20 S 30,162.00
3 BITUMINOUS MATERIALS(TACK COAT) POUND 9300 $ 0.01 5 93.00
4 HOT-MIX ASPHALT BINDER COURSE,IL-9.5,N50 TON 790 $ 84.00 $ 66,360.00
5 HOT-MIX ASPHALT SURFACE COURSE,IL-9.5,MIX"D",N50 TON 1190 $ 84.00 S 99,960.00
6 THERMOPLASTIC PAVEMENT MARKING-LINE 4" FOOT 10500 $ 0.93 S 9,765.00
7 THERMOPLASTIC PAVEMENT MARKING-LINE 24" FOOT 14 S 6.00 S 84.00
8 SHORT TERM PAVEMENT MARKING FOOT 150 $ 0.80 $ 120.00
9 SHORT TERM PAVEMENT MARKING REMOVAL SQ FT 50 $ 3.00 $ 150.00
10 TRAFFIC CONTROL AND PROTECTION L SUM 1 $ 2,000.00 $ 2,000.00
TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 209,000.00
DESIGN ENGINEERING(4%) $ 8,360.00
CONSTRUCTION ENGINEERING(7%) $ 14,630.00
TOTAL PROJECT COST $ 231,990.00
52 Wheeler Road,Sugar Grove IL 60554 Tel:630.466.6700 Fax:630.466.6701 www.eeiweb corn