HomeMy WebLinkAbout26-92 Resolution No. 26-92
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
ELGIN TOWNSHIP ROAD DISTRICT FOR COSTS ASSOCIATED 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 costs associated with 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: May 27, 2026
Adopted: May 27, 2026
Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1
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 27 day of May 2026, 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 arc
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 on the
Road District portion of Maple Street, south of Erie Street(the "Project"), and will be included in
the City's 2026 resurfacing program,the location of which is attached hereto and made part hereof
as Exhibit A; and
WHEREAS, the Project will consist generally of pavement milling and resurfacing,
subbase repair and replacement in various locations to improve 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.
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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 $30,985.46 (Thirty Thousand Nine Hundred Eighty-
Five Dollars and Forty-Six Cents)as shown on Exhibit B, attached hereto and incorporated
herein by this reference, 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
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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.
21 . This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute one and the same Agreement.This Agreement may be executed
electronically, and any signed copy of this Agreement transmitted by facsimile machine,
email, or other electronic means shall be treated in all manners and respects as an original
document.The signature of any party on a copy of this Agreement transmitted by facsimile
machine,email,or other electronic means shall be considered for these purposes an original
signature and shall have the same legal effect as an original signature.
SIGNATURE PAGE FOLLOWS
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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 CI GIN
By: 411 , :ri/ t66,2, B Gl
Hi_ way Commissioner City Manager
ATTEST: ATTE
By: 0. !1-tikac- By
Road District Clerk City Clerk
Date:
(Seal) (Seal)
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EXHIBIT A
LOCATION MAP
2026 VARIOUS WEST-SIDE STREETS RESURFACING
CITY OF ELGIN
i.. r1
� r
�, ' • 1 ry Oaks South
,• `'sir _ Todd Farm Dr(McLean ' 4 t•1,
to Big Timber)
II • • Todd Farm Ct f.
' 4. a Countryside Dr(Todd
41` " C i:nt �,I: Farm to Century Oaks) `•{ `- >r`.
i _ Z: 1M
.#[,..''Y + Y ..art ,y_ i _..,
Abbot i
,'_..,i,,_i,.;4 v.
S' 00I'a..,t o.r-fi t • o•a•tm.o d4,.,*„' E 9's l ::f e'.)i—.f',.11 ,*41:,.,,-; 4 i t^ .1 ,..' i'... ,4•:x,...„4,-- 4 ..••:•-.' -,':,'.,:
i l 0. ..
1, ,.......ii.;.....,. ,,. ? , . .0. ,.. .0. pt., t. ..,‘ : „... ..„ ,„.i.,, ,,,I. .._ ,_...;.14 °I '
`A:�2., �•r -.C` r' .'r+''-N., i++sa.+ .;�4 l--j, :-.1; I!' r* '��'j,..• �:.,--\
-•
.wrence Neighborhood ungIefto ,� ;:t 7
6, ' Lawrence Ave(Hoxie to 'e .Y3„ x _
,,.,, McLean) fir�.� y
• Heine Ave,Triggs Ave, ....w,•-,�; ' T v t • '
Sexauer Ave,and Hoxie #. �.1 'Y s , m t ' -Q a,�Isto,. n 'K i.
Ave(Lawrence to 1,, • t._ r Pi,- { , ' t
Highland) r• r .y. 'o^; j ay.. Z , .•,` «K.b. .,i
. 1, s t
y ' ° •l; tr 1'sth rr/v t r r'.,.-
.,IN,til
NokthCount►y •.. fir.` ,t;t rtr ,• �,,
.t -� t' M t
yKnOIIG✓ �4npt�, • . ..t
..,C
t. i L oseley/Oak Neighborhood
Moseley St(Washburn to '
'.1 ,.• —i .hUlcl., • Orange)
,,,,e yle Neighborhood Oak St(Moseley to
'0 i• r•*`''. • S Lyle Ave(Larkin to Jewett) .,r.
Mulberry) 'S o,.. iralnut%Ave'-;; .r .. y
S ' ..,: Second St(Larkin to q,",,,��, y k • �d
r,,, , South Terminus and Erie ;r,r,,,D•' ; , °. re .- ,`,'; ,,
` �,, to North Terminus) . 4 -f`. r '
Roadway District limits ' �• ' w°i, - Maple St(Larkin to *r 4. „`, r — f
_0Ott r Detention Area and Erie ' '.. '-;! ;- • ;
'. 4 ,. to South Terminus) ;,.r.. ytt" _
Erie St(L le to Belmont) ,_ 1.�.
Exhibit B
Engineer's Estimate of Probable Construction Cost 4/28/2026
2026 Various West-Side Streets Resurfacing-Road District Portion
City of Elgin
SP ITEM 0 PAY ITEM UNIT TOTAL UNIT PRICE COST
1 TOPSOIL FURNISH AND PLACE,6" SQ YD 33 $8.00 $264.00
2 SEEDING,CLASS 2A(SPECIAL) SQ YD 33 $4.40 $145.20
3 EROSION CONTROI BLANKET(SPECIAL) SQYD 33 $5.00 $165.00
4 LONGITUDINAL JOINT SEALANT FOOT 390 $3.00 $1,170.00
5 HOT-MIX ASPHALT BINDER COURSE,IL-9.5,N50 TON 72 $95.00 $6,840.00
6 HOT-MIX ASPHALT SURFACE COURSE,IL-9.5,MIX"D",N50 TON 72 595.00 $6,840.00
7 HOT-MIX ASPHALT SURFACE REMOVAL,3" SQ YD 861 $4.00 $3,444.00
8 DRIVEWAY PAVEMENT REMOVAL SQYD 78 $15.00 $1,170.00
9 HOT-MIX ASPHALT DRIVEWAY PAVEMENT,3" SQ YD 78 $50.00 $3,900.00
10 CLASS D PATCHES(SPECIAL) TON 12 $175.00 $2,100.00
SUBTOTAL $26,038.20
DESIGN ENGINEERING(9%) $2,343.44
CONSTRUCTION ENGINEERING(10%) $2,603.82
TOTAL PROJECT COST $30,985.46