Resolution 2022-10 Resolution No. 2022-10
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN KENDALL COUNTY,ILLINOIS AND THE CITY OF YORKVILLE,RELATING
TO THE RECONSTRUCTION AND MAINTENANCE OF FOX ROAD FROM FOX LAWN
SUBDIVISION,EAST TO ILLINOIS RTE.47
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non-home rule municipality and A unit of local government within
the meaning of Article VII, Section 1 of the Constitution of the State of Illinois (the
"Constitution"); and,
WHEREAS, the County of Kendall is a unit of local government within the meaning of
Article VII, Section 1 of the Constitution; and,
WHEREAS, Article VII, Section 10 of the Constitution 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,
WHEREAS, pursuant to the Illinois Highway Code under 605 ILCS 5/9-101 and 605
ILCS 5/4-409,the State,its municipalities and the counties may form cooperative agreements with
each other for the construction, maintenance and improvement of streets, highways and any
portions thereof; and,
Resolution No.2022-10
Page 1
WHEREAS, the City has jurisdiction over Fox Road from the Fox Lawn Subdivision,
extending easterly for approximately one mile to an intersection with Illinois Rte. 47 referred to
hereinafter as the "Project Area"); and,
WHEREAS, Kendall County has jurisdiction over Fox Road to the west of the Fox Lawn
Subdivision; and,
WHEREAS, Kendall County seeks to make certain improvements to the Project Area, to
repair the deteriorating pavement, to address the growing capacity needs of the roadway, to
interconnect existing sidewalks,and to improve public safety;and,in order to make improvements
to the Project Area, the City and the County have agreed to the terms and conditions for the
improvement and maintenance of said roadway segment as set forth in the Intergovernmental
Agreement between the City and Kendall County attached hereto.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Each of the recitals above is incorporated by reference in this Section 1.
Section 2. That the Intergovernmental Agreement by and between Kendall County and the
City of Yorkville, Illinois, Relating To The Reconstruction and Maintenance of Fox Road From
Fox Lawn Subdivision, East to Illinois Rte. 47 is hereby approved and the Mayor is hereby
authorized to execute and deliver said Agreement on behalf of the United City of Yorkville.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Resolution No.2022-10
Page 2
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this 8th day of March, A.D. 2022.
CI Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of Ma rc,h , A.D. 2022.
MAYOR
Attest:
Y CLERK
Resolution No.2022-10
Page 3
INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY,
ILLINOIS,AND THE CITY OF YORKVILLE,ILLINOIS,RELATING TO THE
RECONSTRUCTION AND MAINTENANCE OF FOX ROAD FROM FOX LAWN
SUBDIVISION,EAST TO ILLINOIS RTE. 47
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"), and the City of Yorkville, a municipal corporation of the State of Illinois(the "City").
WITNESSETH:
WHEREAS, the City 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
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 and townships of Kendall County; and
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WHEREAS, pursuant to the Illinois Highway Code under 605 ILCS 5/9-101 and 605
ILCS 5/4-409,the State,its municipalities and the counties may form cooperative agreements with
each other for the construction, maintenance and improvement of streets, highways and any
portions thereof; and
WHEREAS,the City has jurisdiction over Fox Road from the Fox Lawn Subdivision and
extending easterly for approximately one mile to an intersection with Illinois Route 47(shown on
the attached Exhibit and referred to hereinafter as the"Project Area");and
WHEREAS, Kendall County has jurisdiction over Fox Road to the west of the Fox Lawn
Subdivision; and
WHEREAS,the Project Area has previously been designated a municipal extension of the
Kendall County highway system; and
WHEREAS, Kendall County seeks to make certain improvements to the Project Area, to
repair the deteriorating pavement, to address the growing capacity needs of the roadway, to
interconnect existing sidewalks, and to improve public safety(the"Project"); and
WHEREAS,the specific improvements to the Project Area include,but are not necessarily
limited to, installation of safety shoulders, HMA resurfacing, ADA-compliant sidewalk
improvements, appropriate turning lanes, pavement markings, and signage necessary to complete
the resurfacing project in accordance with Kendall County's specifications; and
WHEREAS, in order to make improvements to the Project Area,the City and the County
must agree to the terms and conditions for the improvement and maintenance of said roadway
segment; and
WHEREAS, pursuant to 605 ILCS 5/5-106, once construction begins on the Project, the
jurisdiction of the Project Area shall transfer from the City to Kendall County; and
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WHEREAS, Kendall County and the City wish to enter into an agreement wherein they
will provide for the completion of the Project and the jurisdictional transfer.
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 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. As lead agency,Kendall County will cause the Project to be completed in cooperation with the
City and in a timely manner. Kendall County shall perform all project bidding, awarding,
engineering, inspection, construction, documentation, and initial payment for the Project,
subject to a partial reimbursement from the City for construction costs as described below. For
purposes of this Agreement, "construction costs" include, but are not limited to, all expenses
charged by a contractor for labor, materials, equipment, and overhead.
3. Kendall County shall select and contract with all contractors and subcontractors necessary to
complete the Project as specified herein in compliance with state and federal laws and
regulations, including competitive bidding and prevailing wage requirements.
4. Kendall County and the City understand and agree that, upon the start of construction,
jurisdiction of the Project Area shall transfer from the City to Kendall County pursuant to 605
ILCS 5/5-106.
5. During the course of the Project, Kendall County 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 insurance coverage in not less than the following amounts: Comprehensive
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General Liability-$1,000,000 per occurrence;Auto Liability—Combined single limit amount
of $1,000,000 on any contractor-owned, hired, and/or non-owned vehicles; Workers
Compensation— Statutory requirements and Employer's Liability Insurance with limit of no
less than $1,000,000 per accident for bodily injury and property damage; Umbrella Coverage
-$2,000,000 per occurrence. Each contractor and/or subcontractor contracted with to perform
work on the 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. Each contractor
and/or subcontractor shall grant to Kendall County and the City a waiver of any right to
subrogation which any insurer may acquire against Kendall County or the City by virtue of the
payment of any loss under such insurance.
6. When performing work in the Project Area, the City shall ensure that each contractor and/or
subcontractor performing work on the Project Area shall obtain and continue in force insurance
for the same coverages and amounts listed in Paragraph 5 above. Each contractor and/or
subcontractor contracted with to perform work on the Project Area shall name Kendall County
and the City as an Additional Insured on a Primary and Non-Contributory basis with respect
to all liability coverage. Each contractor and/or subcontractor shall grant to Kendall County
and the City a waiver of any right to subrogation which any insurer may acquire against
Kendall County or the City by virtue of the payment of any loss under such insurance.
7. Simultaneously with the Project and in coordination with Kendall County,the City shall,at its
sole cost and expense, install any and all necessary upgrades to the City's water and sewer
systems underlying or adjacent to the Project Area. The City shall complete such
improvements and upgrades prior to June 1,2022.
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8. Following the jurisdictional transfer,the City shall cause no work to be performed within the
Project Area right-of-way without the prior consent and approval of Kendall County.
9. Kendall County shall make no alterations to the existing parkways within the Project Area
right-of-way, except as required for the Project,without the consent of the City.
10. Upon completion of the Project, Kendall County shall, at its sole cost and expense, maintain
the roadway pavement in the Project Area, including thru-lanes, shoulders, parking stalls,
concrete curb and gutter,pavement markings, and roadway signing.
11. Upon completion of the Project,the City shall,at its sole cost and expense,maintain the storm
water drainage system serving the Project Area and the surrounding area, including overland
flow routes, ditches, storm sewer structures, piping, and storm water related appurtenances;
maintain all potable water supply and sanitary sewer infrastructure; maintain all sidewalks,
including ADA ramps, within the Project Area; and maintain any lighting and pay for the
ongoing energy costs for the Project Area.
12. The City agrees to contribute to Kendall County fifty percent (50%) of the total construction
costs for the Project. Following completion of the Project, Kendall County shall submit a
written request for reimbursement to the Yorkville Public Works Director, or their designee.
The City shall remit its contribution in two installments. The City shall pay at least half of its
contribution to Kendall County prior to November 30 of the year the Project is completed. The
City shall pay any remaining balance of its contribution prior to November 30 of the following
year. If Kendall County does not submit its reimbursement request until after November 30
of the year the Project is completed, the City's first payment shall be due prior to November
30 of the year following Project completion,with the final payment due prior to November 30
of the next year.
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13. The Parties hereby understand and agree that this Agreement shall not require,nor confer,any
additional responsibility on any of the parties to undertake maintenance, repairs or
improvements to the Project Area, except as are already provided by law or otherwise
described in this Agreement or other agreement.
14. To the extent permitted by law,each Party shall hold harmless, indemnify and defend the other
Party, 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 improvement of
the Project Area, 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 Kendall County and/or the City,
and their respective 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 and/or Kendall County's
participation in their own defense shall not remove the other Party's and/or Contractors and
Subcontractors' duty to indemnify, defend, and hold the other Party harmless, as set forth
herein. The City and Kendall County do not waive their defenses or immunities under the
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Local Government and Governmental Employees Tort Immunity Act(745 ILCS 10/1,et seq.)
or other such Acts by reason of indemnification or insurance.
15. 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.
16. 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
With copy to: Kendall County State's Attorney
807 John Street
Yorkville, Illinois, 60560
If to the City: Mayor John Purcell
800 Game Farm Road
Yorkville, Illinois 60560
Or such address or counsel as any Party hereto shall specify in writing pursuant to this Section
from time to time.
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17. 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.
18. This Agreement may be executed in counterparts (including facsimile signatures), each of
which shall be deemed to be an original and each of which shall constitute one and the same
Agreement.
19. This Agreement represents the entire agreement between the Parties regarding this subject
matter and there are no other promises or conditions in any other agreement whether oral or
written. Except as stated herein, this agreement supersedes any other prior written or oral
agreements between the Parties about the Project and may not be further modified except in
writing acknowledged by all Parties.
20.Nothing contained in this Agreement, nor any act of Kendall County 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 and the City.
21. 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 terminated in writing signed by both parties.
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22. This Agreement shall be effective upon approval by Kendall County and the City and the date
of this Agreement shall be deemed as the last date of acceptance provided below.
23. Kendall County 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 below date.
COUNTY OF KENDALL,A UNIT OF LOCAL GOVERNMENT OF THE STATE OF ILLIINOIS
By: N--44 _ —\S-Zz
Kendall County Board hair Date
Attest: 44 ' ' • 31 b I?)-
O •K I'county Clerk Date
O
•
OFFICIAL': 7.
(S4i SEAL o
COUN ;.�`•
,
CITY OF YORKVILLE, A MUNICIPAL CORPORATION OF THE STATE OF ILLINOIS
By:
Mayor Date
Attest:
City Clerk Date
Page 9 of 9
22. This Agreement shall be effective upon approval by Kendall County and the City and the date
of this Agreement shall be deemed as the last date of acceptance provided below.
23. Kendall County 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 below date.
COUNTY OF KENDALL,A UNIT OF LOCAL GOVERNMENT OF THE STATE OF ILLIINOIS
By:
Kendall County Board Chair Date
Attest:
Kendall County Clerk Date
(Seal)
CITY OF YORKVILLE, A MUNICIPAL CORPORATION OF THE STATE OF ILLINOIS
By: 3-a5- aQ
Mayor Date
Attest: 3-a 5 -
City erk Date
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