Resolution 2017-13 Resolution No. 2017-
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
KENDALL COUNTY, ILLINOIS,BRISTOL TOWNSHIP ROAD DISTRICT, ILLINOIS
AND THE UNITED CITY OF YORKVILLE, ILLINOIS RELATING TO THE GALENA
ROAD BRIDGE PROJECT AND ASSOCIATED DETOUR ROUTES
WHEREAS, the United City of Yorkville, Kendall County, Illinois ("City"), the County
of Kendall, Illinois ("Kendall County"), and the Bristol Township Road District ("Township")
are duly organized and validly existing units of local government created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may 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 prohibit by law or by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and,
WHEREAS, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
the City, Kendall County, and the Township are authorized to enter into an agreement for the
joint performance of any powers, privileges, functions or authority which may be exercised by a
public agency of the State of Illinois; and,
WHEREAS,a portion of Galena road will necessarily be closed when Kendall County
replaces the Galena Road Bridge and a need for a safe detour route for the motoring public will
be required; and,
WHEREAS,the proposed detour route, as is represented on Exhibit A, includes roads
within the Jurisdiction of the City and the Township (the"Subject Detour Route"); and,
WHEREAS, a portion of Kennedy Road within the Subject Detour Route beginning at
Bristol Ridge Road and extending northerly to Galena Road for a distance of approximately
7,400 feet(the "Subject Road") is in need of resurfacing in order to promote the public's safety
for its use in the Subject Detour Route; and,
WHEREAS, the City,Kendall County, and the Township believe it to be in each of their
respective best interests and the best interests of the citizens and taxpayers each serves to enter
into an agreement to cooperate in establishing the Subject Detour Route and the resurfacing of
Resolution No.2017- 3
Page 1
the Subject Road in accordance with the terms and conditions as set forth an intergovernmental
agreement.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Intergovernmental Agreement Between Kendall County, Illinois,
Bristol Township Road District, Illinois and the United City of Yorkville, Illinois Relating to the
Galena Road Bridge Project and Associated Detour Routes, attached hereto and made a part
hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and
deliver said Agreement on behalf of the United City of Yorkville.
Section 2. The Mayor and City clerk are hereby authorized and directed to undertake any
and all actions as may be required to implement the terms of said Agreement.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of Re6 2017.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI JOEL FRIEDERS
CHRIS FUNKHOUSER ` DIANE TEELING
SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
d day of MARCH , 2017.
— )L�1&
MAYO
Attest:
City Cler
Resolution No.2017- 3
Page 2
INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY,
ILLINOIS,BRISTOL TOWNSHIP ROAD DISTRICT, ILLINOIS AND THE UNITED
CITY OF YORKVILLE, ILLINOIS RELATING TO THE GALENA ROAD BRIDGE
PROJECT AND ASSOCIATED DETOUR ROUTES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is by and
between the County of Kendall, a unit of local government of the State of Illinois ("Kendall
County"), the Bristol Township Road District, a unit of local government of the State of Illinois
(the "Township") and the United City of Yorkville (the "City") a municipal corporation of the
State of Illinois.
WITNESSETH:
WHEREAS, the City, Township and Kendall County (the "parties") are units of local
government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who
are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may 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 by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,provides that
any county may participate in an intergovernmental agreement under this Act notwithstanding
the absence of specific authority under the State law to perform the service involved, provided
that the unit of local government contracting with Kendall County has authority to perform the
service; and
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WHEREAS, Galena Road Bridge crosses over Blackberry Creek about three-tenths of a
mile west of Kennedy Road, and it has been determined that it is in need of replacement; and
WHEREAS, in order to efficiently and safely replace the Galena Road Bridge (the
"Galena Road Bridge Project"), it will be necessary for Kendall County to close Galena Road in
its entirely at said bridge for approximately six months. Such closure will result in the need for a
safe detour route for the motoring public during such construction period; and
WHEREAS, Kendall County has determined that the most proper signed detour route for
Galena Road, as is represented on Exhibit A, would involve traffic being redirected onto
Cannonball Trail, Bristol Ridge Road and Kennedy Road(the "Subject Detour Route"); and
WHEREAS, certain parts of Bristol Ridge Road and Kennedy Road are municipal roads
within the jurisdiction of the City; and
WHEREAS, Bristol Ridge Road north of Blackberry Creek Road is a township road; and
WHEREAS, the portion of Bristol Ridge Road to be utilized by the Subject Detour
Route would begin at Kennedy Road and extend northerly to a point just north of Blackberry
Creek Bridge, a distance of approximately 1,300 feet; and
WHEREAS, the portion of Kennedy Road to be utilized by the Subject Detour Route
would begin at Bristol Ridge Road and extend northerly to Galena Road for a distance of
approximately 7,400 feet(the "Subject Road'); and
WHEREAS, it is deemed to be in the best interest of Kendall County and the motoring
public to improve and maintain the various roadways throughout Kendall County, including
those within the municipalities of the County; and
WHEREAS, it has been determined that the Subject Road is currently in need of
resurfacing prior to being utilized as a detour route for the general motoring public and that
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Kendall County will provide the City with partial funding for such resurfacing for the public's
safety; and
WHEREAS, it is the understanding of the parties that upon completion of the Galena
Road Bridge Project, the City alone will maintain, repair and otherwise care for the Subject Road
and that Kendall County will have no duties to maintain, repair or otherwise care for the Subject
Road at any time in the future; and
WHEREAS, Kendall County, the Township and the City wish to enter into an agreement
wherein they will cooperate in the establishment of the Subject Detour Route for use by the
public during the Galena Road Bridge Project's construction and Kendall County and the City
seek to cooperate in the resurfacing of the Subject Road as is herein laid out.
NOW, THEREFORE, in consideration of the foregoing preambles, the mutual
covenants contained herein and for good and valuable consideration, the sufficiency of which is
agreed to by the Parties hereto, Kendall County, the Township and the City covenant, agree and
bind themselves as follows,to wit:
1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in
this paragraph 1.
2. The City shall perform all related project bidding, awarding, engineering, inspection,
documentation and payment in regard to the resurfacing of certain parts of the Subject Road
no later than May 15, 2018 (the "Kennedy Road Project"). The City shall perform all
services as specified herein in compliance with state and federal laws and regulations. The
City shall comply with all competitive bidding and selection requirements necessary for
construction and completion of the Project pursuant to applicable state and federal laws.
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3. Kendall County shall be responsible for reimbursing the City an amount not to exceed one
hundred and sixty thousand dollars ($160,000.00) for the costs, which are budgeted for use
on the Kennedy Road Project. Following completion of the Kennedy Road Project, Kendall
County shall remit payment of one hundred and sixty thousand dollars ($160,000.00), or such
lesser amount as described below, to the City within thirty (30) calendar days of written
request of the funds. Should the project costs not rise above one hundred and sixty thousand
dollars ($160,000.00), the County shall only be responsible for reimbursement of the lesser
amount incurred by the City on said project.
4. During the course of construction of the Kennedy Road Project, the City shall ensure that
each contractor and/or subcontractor performing work on the Project shall obtain and
continue in force during the term of the Project, all insurance necessary and appropriate and
that each contractor and/or subcontractor contracted with to perform work on the Kennedy
Road Project shall name Kendall County and the City as an Additional Insured on a Primary
and Non-Contributory basis with respect to all liability coverage. Further, all contractor
and/or subcontractor liability and workers' compensation policies must include a waiver of
subrogation in favor of Kendall County and the City.
5. In consideration for the above services, the City will permit Kendall County to utilize the
Subject Road, as well as Bristol Ridge Road as a signed detour route for the Galena Road
Bridge Project, which is expected to last six months and take place within the next five (5)
years. Further, the City shall donate to Kendall County an approximately %2 acre right-of-way
on the South side of Galena Road for use in the Galena Road Bridge Project. Kendall county
shall prepare all necessary plats, legal descriptions and title work to enable such donation to
take place.
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6. The Township shall also permit Kendall County to utilize the portion of Bristol Ridge Road
under its jurisdiction as a signed detour route for the Galena Road Bridge Project, which is
expected to last six months and take place within the next five(5) years.
7. The parties hereby understand and agree that this Intergovernmental Agreement shall not
require, nor confer, any additional responsibility on any of the parties to undertake
maintenance, repairs or improvements to the Subject Detour Route roadways, except as are
already provided by law or otherwise described in this Agreement.
8. Each Party shall hold harmless, indemnify and defend the other parties, including such
party's past, present, and future board members, elected officials, insurers, employees, and
agents from and against all liability, claims, suits, demands, proceedings and actions,
including costs, reasonable fees and expense of defense, arising from, to, any loss, damage,
injury, death, or loss or damage to property (collectively, the "Claims"), to the extent such
Claims result from either 1) intentional, willful, wanton, reckless or negligent conduct by
such indemnifying party in the use, maintenance, repair, and/or resurfacing of the Subject
Road or 2) such indemnifying party's failure to adequately perform its obligations pursuant to
this Agreement. However, no Party shall be indemnified hereunder for any loss, liability,
damage, or expense resulting from its own intentional, willful, wanton, reckless or negligent
misconduct.
Nothing contained herein shall be construed as prohibiting The City, Township or Kendall
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. The City, Township and/or Kendall County's
participation in their own defense shall not remove the other party's and/or Contractors and
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Subcontractors' duty to indemnify, defend, and hold the other party harmless, as set forth
herein. The City, Township and Kendall County do not waive their defenses or immunities
under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS
10/1 et seq.) or other such Acts by reason of indemnification or insurance.
9. Nothing in this agreement shall be interpreted to alter the parties'jurisdiction over any of the
Subject Detour Route roadways.
10. Nothing in this Agreement shall be construed as to create a duty or responsibility on behalf of
Kendall County to maintain, repair, replace, or otherwise control the Subject Road or the
improvements completed thereon.
11. This Agreement and the rights of the parties hereunder may not be assigned (except by
operation of law), and the terms and conditions of this Agreement shall inure to the benefit of
and be binding upon the respective successors and assigns of the parties hereto. Nothing in
this Agreement, express or implied, is intended to confer upon any party, other than the
parties and their respective successors and assigns, any rights, remedies, obligations or
liabilities under or by reason of such agreements.
12. Any notice required or permitted to be given pursuant to this Agreement shall be duly given
if sent by fax, certified mail, or courier service and received. As such, all notices required or
permitted hereunder shall be in writing and may be given by either(a) depositing the same in
the United States mail, addressed to the party to be notified, postage prepaid and certified
with the return receipt requested, (b) delivering the same in person, or (c) telecopying the
same with electronic confirmation of receipt.
If to the County: County Engineer
Kendall County Highway Department
6780 Route 47
Yorkville, Illinois 60560
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With copy to: Kendall County State's Attorney
807 John Street,
Yorkville, Illinois, 60560
If to the City: City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
If to the Township: Jeff Corneils
Bristol Township Highway Commissioner
P.O. Box 165
Bristol, IL 60512
Or such address or counsel as any party hereto shall specify in writing pursuant to this
Section from time to time.
13. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any
legal proceeding related to enforcement of this Agreement shall be brought in the Circuit
Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared
and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such
provision shall, to the extent possible,be modified by the court in such manner as to be valid,
legal and enforceable so as to most nearly retain the intent of the parties, and, if such
modification is not possible, such provision shall be severed from this Agreement, and in
either case the validity, legality, and enforceability of the remaining provisions of this
Agreement shall not in any way be affected or impaired thereby.
14. This Agreement may be executed in counterparts (including facsimile signatures), each of
which shall be deemed to be an original and both of which shall constitute one and the same
Agreement.
15. This Agreement represents the entire agreement between the parties and there are no other
promises or conditions in any other agreement whether oral or written. Except as stated
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herein, this agreement supersedes any other prior written or oral agreements between the
parties about the subject projects and may not be further modified except in writing
acknowledged by all parties;
16. This Agreement may be terminated by any party by providing thirty (30) days advance
written notice to the other party. However, the parties shall not be permitted to cancel the
agreement once the City has begun the process of improving the subject portion of Kennedy
Road. Further, neither the Township nor the City shall be permitted to terminate the
Agreement once the Galena Road Bridge Project begins construction. Once construction has
begun, any obligations assumed by the City and Township herein shall survive any
termination of this Agreement
17. Nothing contained in this Agreement, nor any act of Kendall County, the Township or the
City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or
by third persons, to create any relationship of third party beneficiary, principal, agent, limited
or general partnership,joint venture, or any association or relationship involving the County,
Township and the City.
18. This Agreement shall be in full force and effect for a period of ninety-nine (99) years from
the date of the last signature below unless: 1) it is agreed to terminate this Agreement in
writing signed by all parties, or 2) it is cancelled pursuant to paragraph 18 above, or 3) the
Galena Road Bridge Project is completed, at which time the Agreement shall be terminated.
19. This Agreement shall be effective upon approval by the respective legislative bodies of
Kendall County, the Township and the City and the date of this Agreement shall be deemed
as the last date of acceptance of this as provided herein below.
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20. Kendall County, the Township and the City each hereby warrant and represent that their
respective signatures set forth below have been, and are on the date of this Agreement, duly
authorized by all necessary and appropriate corporate and/or governmental action to execute
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental
Agreement to be executed by their duly authorized officers on the above date.
County of Kendall, a unit of local government United City of Yorkville, Kendall County,
of the State of Illinois Illinois a municipal corporation
By: 6:� Bj"I'V44-Y/Uy:
Chair, Kendall County B6ard Mayor
Date: l (� ' Date:
A est• Attest:
Pounty(Clerk City Clirk =
Bristol Township Road District, a unit of local
government of Illinois n `
By: _ ,� '
Commissioner, Bristol Township Road District
Date: 12-
Attest:
T w ship Clerk
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