HomeMy WebLinkAbout26-69 Resolution No. 26-69
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF PINGREE GROVE REGARDING THE RECONFIGURATION OF A
PORTION OF DAMISCH ROAD
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 the Village of Pingree Grove, for the reconfiguration of a portion of Damisch Road, a copy
of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 22, 2026
Adopted: April 22, 2026
Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF PINGREE GROVE AND THE CITY OF ELGIN
REGARDING THE RECONFIGURATION OF A PORTION OF DAMISCH ROAD
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF PINGREE GROVE ANDTHE CITY OF ELGIN
REGARDING THE RECONFIGURATION OF A PORTION OF DAMISCH ROAD
THIS AGREEMENT is made and entered into this 22 day of April , 2026, by
and between the VILLAGE OF PINGREE GROVE, an Illinois municipal corporation, Kane
County, Illinois (hereinafter referred to as the "Village"), and the CITY OF ELGIN, an Illinois
municipal corporation, Cook and Kane Counties, Illinois(hereinafter referred to as the"City").
WHEREAS, the Village of Pingree Grove is an Illinois non-home rule municipality
organized and operating under the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and
WHEREAS, the City of Elgin is an Illinois home-rule municipality organized and
operating pursuant to Article VII, Section 6 of the 1970 Constitution of the State of Illinois and
the Illinois Municipal Code, 65 ILCS 5/1-1-1,et seq.; and
WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois
authorizes units of local government to contract or otherwise associate among themselves to obtain
or share services and to exercise, combine, or transfer any power or function in any manner not
prohibited by law or ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.,
provides that any powers, privileges, or authority which may be exercised by a unit of local
government individually may be exercised and enjoyed jointly with any other unit of local
government, and that such units of local government may enter into contracts for the performance
of government services, activities,and undertakings; and
WHEREAS, in order to facilitate the reconstruction of a roundabout within the Village of
Pingrec Grove's corporate boundaries, the Village of Pingree Grove wishes to reconfigure a
portion of Damisch Road for which the City of Elgin is the highway authority in accordance with
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the plans set forth in Exhibit A, attached hereto and incorporated herein by this reference (the
"Plans"),and the City of Elgin wishes to accommodate such request; and
WHEREAS, the Plans are preliminary and subject to review and approval by the Illinois
Department of Transportation ("IDO'F'), and the Village shall furnish the City with copies of the
final IDOT-approved Plans upon receipt of such approval.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The recitals set forth above are incorporated into and made a part of this Agreement
as if fully recited hereby.
2. The City of Elgin hereby grants permission to the Village of Pingree Grove,at the
Village's sole cost, to reconfigure that portion of Damisch Road for which the City of Elgin is the
highway authority, in substantial conformance with the Plans (hereinafter referred to as the
"Work"). It is understood and agreed that the City shall not have any responsibility for the cost of
the Work provided for herein.
3. The Village agrees to undertake and shall be responsible for the design and
construction of the Work. The Village of Pingree Grove agrees to provide to the City the Plans,
specifications, and cost estimates for the portion of Damisch Road that will remain under City
jurisdiction. Those documents shall be provided at the seventy percent (70%) and ninety-five
percent (95%) design completion stage to allow the City an opportunity to approve the proposed
design. The City acknowledges that the project shall be designed and constructed to IDOT
standards and shall not unduly withhold approval provided that such documents for the design and
construction of the Work conform to the criteria set forth in paragraphs 2 and 3 herein.
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4. The foregoing notwithstanding,in the event that the City of Elgin causes pedestrian
and/or bicycle accommodations to be made available along Damisch Road at any time in the future,
either as part of the complete reconstruction of Damisch Road or by making more limited
improvements along Damisch Road that include sidewalks, multi-purpose paths, bicycle lanes,
and/or other like accommodations, then Village of Pingree Grove will not unreasonably withhold
any plans,construction drawings,and/or necessary approvals that would allow such improvements
to connect to sidewalks and/or multi-purpose paths proposed as part of this Damisch Road and
Reinking Road roundabout or that may otherwise be similarly located within right-of-way under
the jurisdiction of the Village. The City agrees that it shall be solely responsible for the costs to
make such connections under this Paragraph 4.
5. The parties agree that the Village of Pingree Grove shall use a good faith effort to
complete the Work by December 31, 2027.
6. The Village of Pingree Grove agrees to provide to the City, in advance of the
proposed bidding, the documents to be utilized soliciting bids for the Work for the City's review,
feedback, and approval. The parties agree that the contractor selected by the Village of Pingree
Grove to undertake and complete such Work shall enter into a contract that contains the following
insurance coverage provision:
The Contractor shall procure and maintain for the duration of the Contract insurance against
claims for injuries, persons, or damage to property which may arise from or in conjunction
with the performance of work hereunder by the Contractor, his agents, representatives,
employees or subcontractors. The Village of Pingree Grove and the City of Elgin are to be
listed as an additional insureds on all policies of the Contractor. Each insurance policy
required shall have the Village of Pingree Grove and the City of Elgin expressly endorsed
onto the policy as Cancellation Notice Recipients. Should any of the policies be cancelled
before the expiration date thereof, notice will be delivered in accordance with the policy
provisions. Insurance is to be placed with insurers with a Best's rating of no less than A-,
VII and licensed to do business in the State of Illinois.
The Village of Pingree Grove and the City of Elgin, their officials, employees and agents,
are to be covered as additional insureds as respects: liability arising out of the Contractor's
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work, including activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises used by the Contractor; and automobiles
owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Village of Pingree Grove and the City
of Elgin,their officials, employees and agents.
The Contractor's insurance coverage shall be primary as respects the Village of Pingree
Grove and the City of Elgin, their officials, agents and employees. Any insurance or self-
insurance maintained by the Village of Pingree Grove and the City of Elgin, their officials,
agents and employees shall be excess of Contractor's insurance and shall not contribute with
it. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Village of Pingree Grove and the City of Elgin, their officials, agents,
employees and volunteers. The Contractor's insurance shall contain a Severability of
Interests/Cross Liability clause or language stating that Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought,except with respect
to the limits of the insurer's liability.
If any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not "follow form,"then the Contractor shall be required to name
the Village of Pingree Grove and the City of Elgin, their officials, employees and agents as
additional insureds.
All general liability coverages shall be provided on an occurrence policy form.Claims-made
general liability policies will not be accepted.
The Contractor and all subcontractors hereby agree to waive any limitation as to the amount
of contribution recoverable against them by the Village of Pingree Grove and/or the City of
Elgin. This specifically includes any limitation imposed by any state statute, regulation, or
case law including any Workers' Compensation Act provision that applies a limitation to the
amount recoverable in contribution such as Kotecki v. Cyclops Welding.
The Contractor shall maintain limits no less than:
1. Commercial General Liability with coverage written on an"occurrence"basis and
with limits no less than:
a)General Aggregate: $2,000,000;
b)Bodily Injury& Property Damage:
$1,000,000 per occurrence combined single limit;
c) Other coverages: $2,000,000 or as otherwise approved or required by
owner coverages shall include:
- Premises Operations
- Products/Completed Operations (to be maintained for five years
following Final Payment)
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability
- Bodily injury and property damage
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- "X", "C", and "U"exclusions shall be deleted.
- ISO Additional Insured Endorsement CG2010 shall be provided.
2. Workers' Compensation and Employer's Liability
The insurer shall agree to waive all rights of subrogation against the Villag and
the City, the officials, agents and employees for losses arising from work
performed by Contractor.
a) Workers' Compensation: Statutory limits;
b) Employer's Liability with limits not less than:
$1,000,000 per occurrence
$1,000,000 each accident—policy limit
$1,000,000 each disease—policy limit
$1,000,000 disease—each employee
Such insurance shall evidence that coverage applies to the State of
Illinois and contain an "all States"endorsement.
3. Business Auto Liability with a combined single limit of liability for bodily injury
and property damage of not less than$1,000,000 for vehicles owned,non-owned,
or rented. All employees must be included as insureds. ISO Business Auto
Liability coverage form CA0001, Symbol 01 "Any Auto"shall be provided.
Verification of Coverage: The Contractor shall furnish to the Village of Pingree Grove and
the City of Elgin certificates of insurance naming the Village of Pingree Grove and the City
of Elgin, their officials, agents and employees as additional insureds, and with original
endorsements affecting coverage required by this clause. Certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insured to buy coverage
on its behalf.The additional insured endorsements will be on Insurance Service Office(ISO)
forms: CG 2010 or CG 2026. The Village of Pingree Grove and the City of Elgin reserve the
right to request fully certified copies of insurance policies and endorsements and shall be
provided same by the Contractor.
Subcontractors.The Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the requirements stated herein.
Assumption of Liability: The Contractor assumes liability for all injury to or death of any
person or persons including employees of the contractor,any sub-contractor,any supplier or
any other person and assumes liability for all damage to property sustained by any person or
persons occasioned by or in any way arising out of any work performed pursuant to this
agreement.
7. In addition,any contract awarded to undertake such Work shall have the following
indemnification provision:
To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify
and hold harmless the Village of Pingree Grove and the City of Elgin, their officials, agents
and employees against all injuries, deaths, losses, damages, claims, suits, liabilities,
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judgments (including deficiencies and interest), costs and expenses which may in any way
accrue against the Village of Pingree Grove and the City of Elgin,their officials,agents and
employees arising in whole or in part or in consequence of the performance of this work by
the Contractor, its employees or subcontractors, or which may in any way result therefore,
except that arising out of the sole legal cause of the Village of Pingree Grove and the City
of Elgin, their officials, agents or employees, and pay for all charges of attorneys and all
costs and other expenses arising therefore or incurred in connection therewith, and, if any
judgment, including any deficiency and interest, shall be rendered against the Village of
Pingree Grove and/or the City of Elgin, their officials, agents or employees, as a result of
any such action, the Contractor shall, at its own expense, satisfy and discharge same. This
indemnity and hold harmless provision shall he applicable to any action or claim under this
paragraph, and it shall also include any action of law or equity brought by any party against
the Village of Pingree Grove and/or the City of Elgin under federal or state law.
The Contractor expressly understands and agrees that any performance bond or insurance
policies required by this contract, or otherwise provided by the Contractor shall in no way
limit the responsibility to indemnify, keep, and save harmless and defend the Village of
Pingree Grove and/or the City or Elgin, its officials, agents, and employees as herein
provided.
8. Such contractor selected for the Work shall also be required to obtain a performance
and payment and material bond in sufficient amounts to insure the completion of the Work. The
Village agrees to provide to the City such bonds in advance of the issuance of the same for the
City's review, feedback, and approval.
9. If any section, paragraph, subdivision, clause, sentence or provision of this
Agreement shall be adjudged by any court of competent jurisdiction to be void or invalid, such
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue to be in full force and effect.
10. Nothing contained in this Agreement, nor any act of the Village or the City,
respectively,shall be deemed or construed by any of the parties hereto or by third persons,to create
any relationship of a third-party beneficiary, principal, agent, limited or general partnership,joint
venture, employment, or any association or relationship involving the Village or the City
respectively.
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11. This Agreement constitutes the entire agreement of the parties and the subject
matter hereof and supersedes any and all prior agreements, express or implied, oral or written.
Each party agrees that no representations or warranties shall be binding on the other party unless
expressed in writing herein or in a duly executed amendment hereof. This agreement may not be
changed, modified, discharged or extended except by written amendment duly executed by the
parties.
12. This Agreement shall be deemed to have been made in and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County.
13. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and the Village, and, as such, this Agreement shall not be construed
against the other party, as the otherwise purported drafter of same, by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the
terms and provisions contained herein.
14. This Agreement may be executed in several counterparts each of which shall be an
original and all of which shall constitute but one and the same instrument.
15. The City and the Village shall at all times observe and comply with the laws,
ordinances, regulations and codes of Federal, State, County and other local government agencies,
which may in any manner affect the performance of this Agreement.
16. Neither party hereto may assign their respective rights and duties hereunder except
upon prior written consent of the other party. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective permitted assigns, successors and
representatives.
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17. The Village of Pingree Grove and the City of Elgin each shall adopt an appropriate
ordinance or resolution approving the terms and provisions of this Agreement and authorizing the
Village President and Village Clerk and the Mayor and City Clerk to execute and deliver this
Agreement. Upon execution,the clerk of each municipality shall forward to the clerk of the other
municipality a certified copy of the ordinance so enacted, together with the Agreement, signed in
duplicate original, so that each municipality shall have one fully executed document on file.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement on the date and year first written above in Kane County, Illinois.
VILLAGE OF PINGREE GROVE CITY OF ELGIN
By: W.Ci 13y: 24&e6"
Its: V,11 Pro Its: Richard G. Kozal, City Mana r
Attest: Att
1 .111.A
illage Clerk City Clerk
,`�. �plrPINSo
as G0�4tZ4T�c�o
vp' SEAL
, � ......
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EXHIBIT A
ROUNDABOUT PLANS
PREPARED BY THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORATION
CONSISTING OF 5 PAGES
(NOT INCLUDING THIS COVER PAGE)
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