HomeMy WebLinkAboutRes 15-17 05/16/2017 Intergovernmental Agreement City of Prospect Heights and VOMP - Share Resurfacing Expenses on Seminole LaneRESOLUTION NO. 15-17
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PROSPECT HEIGHTS AND
THE VILLAGE OF MOUNT PROSPECT TO SHARE EXPENSES RELATED TO THE RESURFACING
OF SEMINOLE LANE.
WIJEREA S, the Village of Mount Prospect has entered into an Intergovernmental Agreement with the
City of Prospect Heights to share costs of the Seminole Lane Project that involves the section of Seminole
Lane under Prospect Height's jurisdiction; and
WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental
Cooperation Act, (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and
WHEREAS, Mount Prospect and Prospect Heights are units of government within the meaning of the
Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter
into an intergovernmental agreement; and
WHEREAS, Mount Prospect will engage in its 2017 street resurfacing project that involves work on a
number of roadways within its corporate boundaries; and
WHEREAS, one of the streets identified for work as part of the 2017 road resurfacing project is Seminole
Lane running in an east -west direction between Mura Lane and River Road; and
WHEREAS, Prospect Heights has jurisdiction for the northern half of Seminole Lane running between Mura
Lane and River Road and Mount Prospect has jurisdiction for the southern half of Seminole Lane running
between Mura Lane and River Road; and
WHEREAS, the work that Mount Prospect intends to initiate and complete on Seminole Lane between Mura
Lane and River Road includes road resurfacing; intermittent curb and gutter removal and replacement; and
manhole, valve vault and catch basin structural adjustments; and
WHEREAS, Prospect Heights seeks to have Mount Prospect include the portion of Seminole Lane running
between Mura Lane and River Road that is within Prospect Heights' jurisdiction included in the Seminole
Lane Project; and
WHEREAS, Prospect Heights is willing to reimburse Mount Prospect for the costs of the Seminole Lane
Project that involves the section of Seminole Lane under Prospect Heights' jurisdiction; and
WHEREAS, the Parties have determined that it is to the mutual benefit of the two communities and their
citizens for Mount Prospect and Prospect Heights to share the costs of the Seminole Lane Project; and
WHEREAS, Mount Prospect and Prospect Heights desire by this instrument to set forth their respective
obligations and responsibilities concerning sharing the costs of the Seminole Lane Project; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, PURSUANT TO ARTICLE VII, SECTION 10 OF THE 1970
CONSTITUTION OF THE STATE OF ILLINOIS AND THE INTERGOVERNMNTAL COOPERATION ACT
5, ILCS 220/1:
SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter
into an Intergovernmental Agreement Between the Village of Mount Prospect and the City of Prospect
Heights to share Expenses Related to the Resurfacing of Seminole Lane.
SECTION TWO: That the Mayor is authorized to sign the agreement, attached, and made part
of this Resolution as Exhibit "A"
E IJO ,JUR E: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law,.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 16`h day of May, 2017
Arlene A. Juracek
Mayor
ATTT:
_. _.
Karen Agoranos
�i�-
Village Clerk
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into
by and between the Village of Mount Prospect ("Mount Prospect"), and the City of
Prospect Heights ("Prospect Heights"), both being a body politic and corporate of the
State of Illinois. Mount Prospect and Prospect Heights are sometimes collectively
referred to as the "Parties."
RECITALS
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10,
authorizes units of local government to contract or otherwise associate among
themselves in any manner not prohibited by law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS
220/1 et seq.), authorizes and encourages intergovernmental cooperation; and
WHEREAS, Mount Prospect and Prospect Heights are units of government
within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section
10, having the power and authority to enter into an intergovernmental agreement; and
WHEREAS, Mount Prospect will engage in its 2017 street resurfacing project that
involves work on a number of roadways within its corporate boundaries; and
WHEREAS, one of the streets identified for work as part of the 2017 road
resurfacing project is Seminole Lane running in an east -west direction between Mura
Lane and River Road; and
WHEREAS, Prospect Heights has jurisdiction for the northern half of Seminoie
Lane running between Mura Lane and River Road and Mount Prospect has jurisdiction
for the southern half of Seminole Lane running between Mura Lane and River Road;
and
WHEREAS, the work that Mount Prospect intends to initiate and complete on
Seminole Lane between Mura Lane and River Road includes road resurfacing;
intermittent curb and gutter removal and replacement; and manhole, valve vault and
catch basin structural adjus encs (the "'Seminole Lane Project"); and
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WHEREAS, Prospect Heights seeks to have Mount Prospect include the portion
of Seminole Lane running between Mura Lane and River Road that is within Prospect
Heights jurisdiction included in the Seminole Lane Project; and
WHEREAS, Prospect Heights is willing to reimburse Mount Prospect for the
costs of the Seminole Lane Project that involves the section of Seminole Lane under
Prospect Heights' jurisdiction; and
WHEREAS, the Parties have determined that it is to the mutual benefit of the
two communities and their citizens for Mount Prospect and Prospect Heights to share
the costs of the Seminole Lane Project; and
WHEREAS, Mount Prospect and Prospect Heights desire by this instrument to
set forth their respective obligations and responsibilities concerning sharing the costs of
the Seminole Lane Project; and
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions set forth in this Agreement, the Parties hereto agree as follows:
1.1 Mount Prospect has accepted bids for work related to its 2017 street resurfacing
project and has awarded a contract to Arrow Road Construction Company.
1.2 The Parties agree that Mount Prospect will calculate Prospect Height's share of
the costs of the Seminole Lane Project by using the measurements of the work to
be constructed multiplied by the bid price for each item in the Seminole Lane
Project. Mount Prospect shall indicate to Prospect Heights its share of the cost for
the Seminole Lance Project that the City will pay, subject to Prospect Heights'
review and approval of the cost allocation calculatiorL
2.1 Mount Prospect shall pay all the costs related to work on the Seminole Lane
Project,
2.2 Mount Prospect shall provide the construction engineering and it shall be solely
responsible for conducting and completing the Seminole Lane Project.
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2.3 Mount Prospect shall conduct the final inspection of work for the Seminole Lane
Project and it shall accept the work and determine that the Project is completed.
2.4 Mount Prospect shall send invoices to Prospect Heights for payment of its share
of the costs of the Seminole Lane Project.
3.1 Prospect Heights shall provide Mount Prospect with information related to the
construction layout of the work on its portion of Seminole Lane prior to the start
of the Seminole Lane Project.
3.2 Prospect Heights shall participate in the final inspection of work on its portion of
Seminole Lane prior to final acceptance of the Seminole Lane Project by Mount
Prospect.
3.3 Prospect Heights shall timely reimburse Mount Prospect for its portion of the
costs of the Seminole Lane Project upon receipt of invoices from Mount Prospect.
Section 4. General Provi ions.
4.1 Ggvg L w and Venue. This Agreement shall be interpreted under, and
governed by, the laws of the State of Illinois. Any claim, suit, action or
proceeding brought in connection with this Agreement shall be in the Circuit
Court of Cook County and both Mount Prospect and Prospect Heights hereby
irrevocably consent to the personal and subject matter jurisdiction of such court
and waives any claim that such court does not constitute a convenient and
appropriate venue for such claims, suits, actions or proceedings.
4.2 Mgdificadon. This Agreement may not be altered, modified or amended except
by a wA ritten instrument signed by both Parties. Provided, however, Mount
Prospect and Prospect Heights agree that provisions required to be inserted -in
this Agreement by laws, ordinances, rules, regulations or executive orders are
deemed inserted whether they appear in this Agreement and that in no event
will the failure to insert such provisions prevent the enforcement of this
Agreement.
4.3 li rcP__re. Neither Mount Prospect nor Prospect Heights shall be liable for
failing to fulfill any obligation under this Agreement to the extent any such
failure is caused by any event beyond Mount Prospect's or Prospect Height's
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control and which event is not caused by the Parties' fault or negligence,
individually or collectively. Such events shall include, but are not limited to, acts
of God, acts or war or terrorism, fires, lightning, floods, epidemics or riots.
4.4 Notices. Unless otherwise specified, any notice, demand or request pursuant to
this Agreement must be given in writing at the addresses set forth below by any
of the following means: personal service, overnight courier or first class mail.
TO THE VILLAGE OF MOUNT PROSPECT:
Mr. Sean Dorsey
Director, Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, Illinois 60056
TO THE CITY OF PROSPECT HEIGHTS:
Mr. Joe Wade
City Administrator
8 North Elmhurst Road
Prospect Heights, Illinois 60070
4.5 Entire r M n . This Agreement constitutes the entire agreement between
Mount Prospect and Prospect Heights, merges all discussion between them and
supersedes and replaces any and every other prior or contemporaneous
agreement, negotiation, understanding, commitments and writings with respect
to such subject matter hereof.
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IN WITNESS WHEREOF, Mount Prospect and Prospect Heights have caused
this Agreement to be executed by their respective officials on the dates as shown.
T WE 1�r 9�
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Arlene A. Jurajcek�
Mayor
This � day
2017
o
Village Clerk V
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4as, J. Helmer
ay'or
This ?f day ofAf�' 1 .2017
ATTEST.
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City Clerk
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