Resolution 2024-21 Resolution No. 2024 -21
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND BRISTOL TOWNSHIP
WHEREAS, the United City of Yorkville (the "City"), and Bristol Township (the
"Township") are units of local government(collectively the"Parties"); and
WHEREAS,the Constitution of the State of Illinois of 1970,Article VII, Section 10, and
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., (collectively, the "Authority")
authorize unites of local government to contract or otherwise associate amongst themselves to
obtain or share services and to exercise,combine, or transfer any power or function in any manner
not prohibited by law; and
WHEREAS, Conover's Subdivision is partially incorporated into the City, with certain
roads within this subdivision being controlled by the Township and others controlled by the City;
and
WHEREAS,the Township plans to pave all Township controlled streets within Conover's
Subdivision during the 2024 calendar year, and has offered to pave some damaged portions of City
controlled streets within Conover's Subdivision as part of this project; and
WHEREAS, in exchange for the Township's paving of certain City controlled streets in
Conover's Subdivision,the City shall pave certain Township controlled portions of McHugh Road
and Walnut Street that are connected to an upcoming City-planned paving project; and
WHEREAS, the City has determined that it is in the best interest of its residents to enter
into an Intergovernmental Agreement, attached hereto as Exhibit"A", in furtherance of the stated
goals and desires set forth above.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the
United City of Yorkville, Kendall County,Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. Resolution 2024-15, a Resolution Approving an Intergovernmental Agreement
Between the United City of Yorkville and Bristol Township is hereby repealed in its entirety.
Section 3. The Revised Intergovernmental Agreement Between Bristol Township, Illinois
and the United City of Yorkville, Illinois, Relating to the Resurfacing of Certain Streets,in the form
attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are
hereby authorized to execute said Agreement.
Section 4. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Resolution No. 2024-21
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 23`d day of April, A.D. 2024.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER NAY CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois this & day of Yl \ , A.D. 2024.
MAYOR
Attest:
IT CLERK
Resolution No.2024-21
Page 2
REVISED INTERGOVERNMENTAL AGREEMENT BETWEEN BRISTOL
TOWNSHIP,ILLINOIS AND THE UNITED CITY OF YORKVILLE,ILLINOIS,
RELATING TO THE RESURFACING OF CERTAIN STREETS
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is by and
between the Township of Bristol, a unit of local government of the State of Illinois ("Bristol
Township"), and the United City of Yorkville, a municipal corporation of the State of Illinois (the
"City").
WITNESSETH:
WHEREAS, the City and Bristol Township (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 unit of local government 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 each other has authority to
perform the service; and
WHEREAS, it is deemed to be in the best interest of Bristol Township, the City and the
motoring public to improve and maintain the various roadways throughout Bristol Township and
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the City pursuant to the Illinois Highway Code under 605 ILCS 5/9-101 and 605 ILCS 5/4-409,
whereby municipalities and the townships may form cooperative agreements with each other for
the construction,maintenance and improvement of streets,highways and any portions thereof;and
WHEREAS, the City intends to make certain improvements to Sunset Ave. and Prairie
Lane in the Countryside Subdivision as depicted in Exhibit 1 (the "City Project"), and Bristol
Township intends to make certain improvements to McHugh Rd and Walnut St. as depicted in
Exhibit 2, (the "Township Project"); and
WHEREAS,the City Project is adjacent to roadways Bristol Township intends to improve
other than the Township Project and the Township Project is adjacent to roadways the City intends
to improve other than the City Project,and after reviewing the improvement plans and the location
of the City Project and the Township Project in relation to the other roadway improvements both
Parties intend to undertake, it would serve the residents and all of the motoring public to have the
City construct the Township Project and Bristol Township to construct the City Project thereby
coordinating all the construction of all roadway improvements by permitting one construction team
to complete the improvements in each of the project areas; all as hereinafter set forth.
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, Bristol 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. Bristol Township shall select and contract with all contractors and subcontractors necessary to
complete the City Project in compliance with state and federal laws and regulations, including
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competitive bidding and prevailing wage requirements. The City shall select and contract with
all contractors and subcontractors necessary to complete the Township Project in compliance
with state and federal regulations including competitive bidding and prevailing wage
requirements.
3. During the course of the work, both Parties shall certify that each contractor and/or
subcontractor performing work on the City Project and the Township Project(collectively the
"Project") shall obtain and continue in force during the term of the construction of the Project
insurance coverage in not less than the following amounts: Comprehensive 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 to perform work on the Project
shall name both Bristol Township and the City as additional insureds on a primary and non-
contributory basis with respect to all liability coverage. Each contractor and/or subcontractor
shall grant to Bristol Township and the City a waiver of any right to subrogation which any
insurer may acquire against Bristol Township or the City by virtue of the payment of any loss
under such insurance.
4. Neither party shall make any alterations to the existing parkways or rights-of-way, except as
required for the Project.
5. Upon completion of the Project, Bristol Township shall, at its sole cost and expense, maintain
the roadway pavement, including thru-lanes, shoulders, parking stalls, concrete curb and
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gutter,pavement markings,and roadway signing included in the Township Project as identified
in Exhibit 2.
6. Should any portion of the Bristol Project become annexed to the City during the term of this
Agreement, Bristol Township shall not be required to maintain such annexed portion, but
instead maintenance responsibility for any portion of the Township Project that has been
annexed to the City shall become the responsibility of the City.
7. Upon completion of the Project, the City shall, at its sole cost and expense, maintain the
roadway pavement, including thru-lanes, shoulders, parking stalls, concrete curb and gutter,
pavement markings, and roadway signing included in the City Project as identified on Exhibit
1.
8. The Parties hereby understand and agree that this Agreement shall not require, nor confer, any
additional responsibility on either of the Parties to undertake maintenance, repairs or
improvements,except as are already provided by law or otherwise described in this Agreement
or other agreement.
9. 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, aldermen, 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,
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, 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,
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liability, damage, or expense resulting from its own intentional, willful, wanton, reckless or
negligent misconduct.
Nothing contained herein shall be construed as prohibiting Bristol Township 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's and/or Bristol Township'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 Bristol Township 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.
10. 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.
11. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if
sent by fax, email, 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:
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If to Bristol Township Road Commissioner
Bristol Township Highway Dept.
9075 Corneils Rd.
Bristol, Illinois 60512
If to the City: Mayor John Purcell
United City of Yorkville
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.
12. 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.
13. 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.
14. 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
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agreements between the Parties about the Project and may not be further modified except in
writing acknowledged by all Parties.
15. Nothing contained in this Agreement, nor any act of Bristol 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 Bristol Township and
the City.
16. This Agreement shall be in full force and effect for a period of ten (10)years from the date of
the last signature below unless terminated in writing signed by both parties.
17. This Agreement shall be effective upon approval by Bristol Township and the City and the
date of this Agreement shall be deemed as the last date of acceptance provided below.
18. Bristol 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.
[Remainder of Page Intentionally Blank; Signature Page to Follow]
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IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental
Agreement to be executed by their duly authorized officers on the below date.
BRISTOL TOWNSHIP,A UNIT OF LOCAL GOVERNMENT OF THE STATE OF ILLIINOIS
By: jiljn 'f 2 q• Z Y
Bristo Township Road Commissioner Date
Attest:
Clerk
(Seal)
CITY OF Y ILLE,A MUNICIPAL CORPORATION OF THE STATE OF ILLINOIS
ja8lay
Mayor Date
Attest:
City Clerk
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