HomeMy WebLinkAboutRes 17-21 04/20/2021 Authorizing the Mayor to sign an intergovernmental agreement with Cook County to utilize "Invest in Cook" grant funds for the Melas-Meadows pedestrian bridge phase 1 engineering studyRESOLUTION NO. 17-21
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT
WITH COOK COUNTY TO UTILIZE "INVEST IN COOK" GRANT FUNDS
FOR THE MELAS -MEADOWS PEDESTRIAN BRIDGE PHASE 1 ENGINEERING STUDY
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule unit of government
pursuant to the Illinois Constitution of 1970; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,)
authorizes and encourages intergovernmental cooperation; and
WHEREAS, the Village of Mount Prospect and the County of Cook 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, on August 3, 2016, the Cook County Board of Commissioners approved
Connecting with Cook County, the County's first long range transportation plan in 75 years;
and
WHEREAS, "Invest in Cook" is an annual $8.5 million program that funds planning and
feasibility studies, engineering, right-of-way acquisition and construction of transportation
improvements sponsored by local and regional governments and private partners that are
consistent with the priorities of Connecting Cook County; and
WHEREAS, on September 24, 2020, Cook County informed the Village of Mount Prospect
that it had been selected for participation in the 2020 "Invest in Cook" Program; and
WHEREAS, the County has agreed to award the Village of Mount Prospect up to $62,000
toward Phase I engineering costs for the construction of a bicycle and pedestrian bridge over
Northwest Highway and the Union Pacific Railroad tracks; and
WHEREAS, the Phase I engineering study will determine the site layout, design of the
bridge, impacts to properties and construction costs; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have
deemed that the best interests of the Village will be served by entering into the
Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
PURSUANT TO ITS HOME RULE POWERS:
SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect do
hereby authorize and direct the President to execute an Intergovernmental Agreement with
Cook County to utilize "Invest in Cook" grant funds for the Melas-Meadows Pedestrian
Bridge Phase 1 Engineering Study, attached hereto and made a part of this Resolution as
Exhibit "A."
SECTION TWO: 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
263607_1 1
ABSENT: None
PASSED and APPROVED this 201h day of April, 2021
°gyp
Arlene A. Juracek
Mayor
ATTEST:
Karen M. 4A)4"�
Village Clerk
263607_1
CONNECTING
AN INITIATIVE OF:
COOK COUNTY
INTERGOVERNMENTAL AGREEMENT
This INTERGOVERNMENTAL AGREEMENT (the "AGREEMENT"), effective upon the last dated signature
below, is entered into by and between the COUNTY OF COOK, a body politic and corporate of the State of
Illinois (the "COUNTY"), acting by and through its DEPARTMENT OF TRANSPORTATION AND HIGHWAYS
(the "DEPARTMENT"), and the VILLAGE OF MOUNT PROSPECT, a municipal corporation of the State of
Illinois (the "GRANTEE" or "VILLAGE"). The COUNTY and GRANTEE are sometimes referred to herein
individually as a "PARTY" and collectively as the "PARTIES."
RECITALS
WHEREAS, Cook County Board President Toni Preckwinkle and the Cook County Board of Commissioners
are committed to supporting the growth and economic vitality of communities in Cook County by
promoting strategic partnerships and investments in transportation; and
WHEREAS, on August 3, 2016, the Board of Commissioners unanimously approved Connecting Cook
County, the COUNTY's first long range transportation plan in 75 years; and
WHEREAS, Connecting Cook County identifies five priorities to shape the COUNTY's transportation policies
and capital improvement program:
• Prioritize transit and other transportation alternatives to address congestion on our roads and
meet the travel needs of residents who cannot afford a car or choose not to have one;
• Support the region's role as North America's freight capital to spur economic growth and job
creation;
• Promote equal access to opportunities to achieve greater and more evenly distributed economic
growth;
• Maintain and modernize existing transportation facilities to minimize long-term operating costs,
safety hazards, delays and congestion, and ensure that today's investments do not preclude
future innovation and growth;
• Increase investments in transportation to maintain the region's economic competitiveness; and
WHEREAS, Invest in Cook is an annual $8.5 million program that funds planning and feasibility studies,
engineering, right-of-way acquisition, and construction of transportation improvements sponsored by
local and regional governments and private partners that are consistent with the priorities of Connecting
Cook County; and
WHEREAS, since its creation, the Invest in Cook program has leveraged over $90 million in additional
federal, state and local funds; and
WHEREAS, on September 24, 2020, the COUNTY informed the VILLAGE that it had been selected for
participation in the 2020 Invest in Cook Program; and
IN TERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20-i I CBP-06- ES
2020 Invest in Cook
WHEREAS, the COUNTY has agreed to award the VILLAGE up to Sixty -Two Thousand Dollars ($62,000)
toward Phase I engineering costs for the construction of a bicycle and pedestrian bridge over Northwest
Highway and the Union Pacific Railroad tracks (the "PROJECT"); and
WHEREAS, the Phase I engineering study will determine the site layout, design of the bridge, impacts to
properties and construction costs; and
WHEREAS, topographic and property line surveys, bicycle and pedestrian counts, environmental data
collection/inventory, alternate studies, stakeholder coordination and public involvement, drainage study,
structural analysis, accessibility analysis and cost estimates will also be included as part of the Phase I
study; and
WHEREAS, the PARTIES by this instrument shall determine and establish their respective responsibilities
for Phase I engineering funding and reporting of the PROJECT; and
WHEREAS, the COUNTY, by virtue of its powers as set forth in the Counties Code, 55 ILCS 5/1-1 et seq.,
and the Illinois Highway Code, 605 ILCS 5/1-101 et seq., is authorized to enter into this AGREEMENT; and
WHEREAS, the GRANTEE, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-
1 et seq., is authorized to enter into this agreement;
WHEREAS, this AGREEMENT is further authorized under Article VII, Section 10 of the Illinois Constitution
and by the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained
herein, the PARTIES hereto agree as follows:
I. PHASE I ENGINEERING
A. EngineeringAgrgement. Phase I engineering services for the PROJECT shall be performed
by a qualified consultant(s) under contract with the GRANTEE and selected through a
competitive procurement process. The GRANTEE shall forward a copy of the Phase I
engineering agreement to the COUNTY upon execution of this AGREEMENT.
Project Deliverables. Upon request by the COUNTY, the GRANTEE shall provide the
COUNTY with copies of all deliverables produced by the consultant and submitted to the
GRANTEE, including, but not limited to, any and all surveys, studies, reports, charts, maps,
drawings, agreements, data, plans, specifications, estimates, plats, permits and special
provisions.
C. Public Meetin s. The GRANTEE and/or its consultant shall coordinate and conduct any
public meetings or hearings required by the Illinois Department of Transportation (IDOT)
or any other state or federal agency as part of the Phase I engineering study.
D. Pro`ect Development Report. The GRANTEE and/or its consultant shall provide IDOT with
any and all documents necessary to secure IDOT approval of the Project Development
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 247-11O P -08-E 5
2020 Invest in Cook
Report (PDR) for the PROJECT. Upon completion, the GRANTEE shall provide the COUNTY
with one (1) paper copy and an electronic copy of the final PDR.
E. Laeardenc,. The GRANTEE agrees to assume overall responsibility for the PROJECT,
including ensuring that all required permits and joint participation and/or force account
agreements are secured.
F. County hermits. The COUNTY shall grant and consent to any and all permits for right of
access (ingress or egress) and/or temporary use of its property within the PROJECT limits
to the GRANTEE and/or its agents, without charge of permit fees to the GRANTEE. Any
permit(s) for right of access and/or temporary use of any of the COUNTY's property shall
not be unreasonably withheld by the COUNTY.
G. Submittals. All submittals required of the GRANTEE underthis section of the AGREEMENT
shall be directed to:
Bureau Chief of Project Development
Attn: Tara Orbon, P.E.
Cook County Department of Transportation and Highways
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail: I' r,a. rn cQoLc gnt.yil.g(iy
II. SCHEDULE AND TERMINATION
A. Notice to Proceed. Execution of this AGREEMENT by the PARTIES shall be deemed a
"Notice to Proceed" for the GRANTEE to commence work on the PROJECT.
B. Schedule. Phase I engineering services for the PROJECT must be completed within one
(1) year from the Effective Date of this AGREEMENT, as defined in Section V (J) below.
C. Sus enslon or Early Termination. Subject to Section V (L) below, the GRANTEE agrees
that, if the COUNTY determines that the GRANTEE has not complied with or is not
complying with, has failed to perform or is failing to perform, has not met or is not
meeting significant PROJECT milestones or objectives, or is in default under any of the
provisions of this AGREEMENT, whether due to failure or inability to perform or any other
cause whatsoever, the COUNTY, after written notification to the GRANTEE of said non-
compliance or default and failure by the GRANTEE to correct said violations within sixty
(60) calendar days, may:
1. suspend or terminate this AGREEMENT in whole or in part by written notice,
and/or:
2. demand refund of any funds disbursed to the GRANTEE;
3. deduct any refunds or repayments from any funds obligated to, but not expended
by the GRANTEE, whether from this or any other project;
4. temporarily withhold cash payments pending correction of deficiencies by the
GRANTEE or more severe enforcement action by the COUNTY;
5. disallow all or part of the cost of the activity or action not in compliance;
3
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20-11 C:RP-0 g -E S
2020 Invest in Cook
6. take other remedies legally available; or
7. take appropriate legal action.
D. Termination. This AGREEMENT terminates upon completion of Phase I engineering
services forthe PROJECT and final reimbursement by the COUNTY, or December 31, 2022,
whichever date is earlier.
E. Extensions. The DEPARTMENT's Superintendent or their designee may extend in writing
any deadline imposed by this section, including, but not limited to, the termination date
of the AGREEMENT.
III. FINANCIAL
A. Cost Estimate. The total estimated cost of Phase I engineering services for the PROJECT
is One Hundred Twenty -Four Thousand Dollars ($124,000).
B. Grantee Cost Participation. The GRANTEE agrees to pay all actual Phase I engineering
costs for the PROJECT, subject to reimbursement by the COUNTY as hereinafter
stipulated.
C. Countv Cost Participation. The COUNTY agrees to reimburse the GRANTEE for 50% of
actual Phase I engineering costs for the PROJECT (the "COUNTY'S SHARE"), up to a total
maximum contribution of Sixty -Two Thousand Dollars ($62,000) (the "MAXIMUM
CONTRIBUTION").
D. Advance Payment. The COUNTY agrees that upon execution of this AGREEMENT and
receipt of an invoice from the GRANTEE, the COUNTY shall make an advance payment to
the GRANTEE in the amount of Fifteen Thousand Five Hundred Dollars ($15,500). This
amount represents 25% of the COUNTY's MAXIMUM CONTRIBUTION under this
AGREEMENT.
E. Second Pa ment. The COUNTY agrees that upon completion of the draft PDR for the
PROJECT and receipt of an invoice from the GRANTEE, the COUNTY shall make a second
payment to the GRANTEE in the amount of Thirty -One Thousand Dollars ($31,000). This
amount and the advance payment to the GRANTEE represent 75% of the COUNTY's
MAXIMUM CONTRIBUTION under this AGREEMENT.
Final Reimbursement. The COUNTY agrees that upon receipt of an invoice from the
GRANTEE following completion of Phase I engineering services for the PROJECT, the
COUNTY shall make a final payment to the GRANTEE for the balance of the COUNTY'S
SHARE under this AGREEMENT. The amount of the final payment shall be based upon the
actual cost of Phase I engineering services for the PROJECT and shall reflect the COUNTY's
prior payments to the GRANTEE. In the event that the prior payments made to the
GRANTEE by the COUNTY exceed the COUNTY'S SHARE under this AGREEMENT, the
COUNTY may require the GRANTEE to return any or all excess funds. Phase I expenditures
incurred prior to the execution of this AGREEMENT are eligible for reimbursement under
this AGREEMENT.
4
INTERGOVERNMENTAL. AGREEMENT
County of Cook/Village of Mount Prospect
Seal on: 20-I ICS P -08-E&
2020 Invest in Cook
G. Final Reimbursement Documentation. In order to receive final reimbursement from the
COUNTY, the GRANTEE must submit the following documentation along with the final
invoice:
1. a cover letter addressed to the DEPARTMENT's Bureau Chief of Project
Development, including the name of the PROJECT and its associated section
number;
2. copies of all cancelled checks paid to the consultant(s) (or copies of the associated
bank ledgers reflecting the payments), or a letter(s) from the consultant(s)
confirming payment was received for the service(s) rendered; and
3. copies of all associated invoices submitted to the GRANTEE by the consultant(s)
for the service(s) rendered.
H. Insufficient Documentation. If the documentation submitted by the GRANTEE for final
reimbursement is reasonably deemed by the COUNTY as not sufficiently documenting the
work completed, the COUNTY may require further records and supporting documents to
verifythe amounts, recipients and uses of all funds invoiced pursuant to this AGREEMENT.
Ineligible Ix enditures. It is understood and agreed to by the PARTIES that the COUNTY
will not reimburse the GRANTEE for any expenditures that are:
1. contrary to the provisions of this AGREEMENT;
2. not directly related to carrying out Phase I engineering services for the PROJECT;
3. not paid by the GRANTEE or its consultant(s);
4. of a regular and continuing nature, including, but not limited to, administrative
costs, staff and overhead costs, rent, utilities and maintenance costs;
5. incurred without the consent of the COUNTY after written notice of suspension
or termination of any or all of the COUNTY's obligations under Section II (D) of
this AGREEMENT; and
6. in excess of the COUNTY's MAXIMUM CONTRIBUTION under this AGREEMENT.
Supplemental or Substitute Vltork. Either PARTY may request, after the Phase I
engineering agreement is awarded by the GRANTEE, that supplemental or costlier
substitute work be added to the agreement's scope of work. The GRANTEE will cause said
supplemental or substitute work to be added to the agreement, provided that said work
shall not unreasonably delay the PROJECT schedule. Unless otherwise agreed to by the
PARTIES in writing, whichever PARTY requested or caused said supplemental or costlier
substitute work shall pay for the cost increases of said work in full.
K. Funding Breakdown. A funding breakdown is incorporated into and made a part of this
AGREEMENT and attached hereto as EXHIBITA.
L. Submittals. All submittals required of the GRANTEE under this section of the AGREEMENT
shall be directed to:
Bureau Chief of Project Development
Attn: Tara Orbon, P.E.
Cook County Department of Transportation and Highways
5
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20 -(ICRP -ON -ES
2020 Invest in Cook
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail: Far .C?rwl c: c (µ rac t iN J v
IV. REPORTING
A. Quarterly Performance Re arts. The GRANTEE must submit quarterly performance
reports to the COUNTY no later than thirty (30) days after the reporting period as
determined by the COUNTY. Quarterly performance reports must include the following
information:
1. a cover letter addressed to the DEPARTMENT's Bureau Chief of Strategic Planning
and Policy, including the name of the PROJECTand its associated section number;
2. an estimated percentage of Phase I engineering work completed forthe PROJECT;
3. a statement indicating whether Phase I engineering work for the PROJECT is on,
behind or ahead of schedule;
4. a record of Phase I engineering activities and expenditures to date and for the
current reporting period;
5. a forecast of quarterly Phase I engineering activities and expenditures for the
remainder of the PROJECT; and
6. any significant changes to the PROJECT schedule.
B. Extensions. The GRANTEE may request to extend the due date of any quarterly
performance reports and the COUNTY will reasonably consider any such requests.
C. Use of Reports. The COU NTY will use quarterly performance reports to compare the rate
of the GRANTEE's actual expenditures to the planned amounts in the approved funding
breakdown for the PROJECT (EXHIBIT A) and to track Phase I engineering activities against
the approved milestones in the PROJECT schedule, which is incorporated into and a made
part of this AGREEMENT and attached hereto as EXHIBIT B.
D. Final Performance Repo . The GRANTEE must submit a final performance report with
its request for final reimbursement. The final report should describe cumulative Phase I
engineering activities, including a complete description of the GRANTEE's achievements
with respect to the PROJECT's objectives and milestones. The COUNTY will not issue final
reimbursement until the final report is submitted.
E. Re rt Format. The GRANTEE shall use whatever forms or documents are required for
use by the COUNTY in submitting the quarterly and final performance reports.
F. Failure to Report. The GRANTEE understands and agrees that the failure to submit timely
and complete performance reports will result in the delay of funds and/or the denial of
future funding.
G. Submittals. All submittals required of the GRANTEE under this section of the AGREEMENT
shall be directed to:
Bureau Chief of Strategic Planning and Policy
2
INTERGOvrRNMENTA.L AGREEMENT
County of Cook/village of Mount Prospect.
Section: 20-11(W-08 5
2020 Invest in Cook
Attn: Jesse Elam
Cook County Department of Transportation and Highways
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail: J (,,-s s Iw la m a cqo kco qjfty.L1',g qy:
V. GENERAL CONDITIONS
A. Authoritv to Execute. The PARTIES hereto have read and reviewed the terms of this
AGREEMENT and by their signatures as affixed below represent that the signing party has
the authority to execute this AGREEMENT and that the PARTIES intend to be bound by
the terms and conditions contained herein.
B. Binding Successors. This AGREEMENT shall be binding upon and inure to the benefit of
the PARTIES hereto and their respective successors and approved assigns.
C. Compliance with Laws Rules and Regulations. The PARTIES shall at all times observe
and comply with all federal, state and local laws and regulations, as amended from time
to time, in carrying out the terms and conditions of this AGREEMENT.
D. Conflicts of Interest. The GRANTEE understands and agrees that no director, officer,
agent or employee of the GRANTEE may have an interest, whether directly or indirectly,
in any contract or agreement or the performance of any work pertaining to this
AGREEMENT; represent, either as an agent or otherwise, any person, trust or corporation,
with respect to any application or bid for any contract or agreement or work pertaining
to this AGREEMENT; or take, accept or solicit, either directly or indirectly, any money or
thing of value as a gift or bribe or means of influencing his or her vote or actions. Any
contract or agreement made and procured in violation of this provision is void and no
funds under this AGREEMENT may be used to pay any cost under such a contract or
agreement.
E. Conflict with Exhibits. In the event of a conflict between any exhibit attached hereto and
the text of this AGREEMENT, the text of this AGREEMENT shall control.
F. Counter arts. This AGREEMENT may be executed in two (2) or more counterparts, each
of which shall be deemed an original and all of which shall be deemed one and the same
instrument.
G. Countv Section Number. The PROJECT is hereby designated as COUNTY section number
20-IICBP-08-ES. The GRANTEE shall) include COUNTY section number 20-IICBP-08-ES on
all PROJECT -related submittals, including, but not limited to, emails, correspondence and
invoices.
H. Designation of Representatives. Not later than fourteen (14) calendar days after the
Effective Date of this AGREEMENT, as defined in Section V (1) below, each PARTY shall
designate in writing a full-time representative for the carrying out of the AGREEMENT.
Each representative shall have the authority, on behalf of the respective PARTY, to make
7
INTERGOVERNMENTAL AGREEMENT
County of Cook/Viilage of Mount Prospect
Section: 20-I ICL§ P-08- ES
2020 In-st in Cook
decisions relating to the work covered by this AGREEMENT. Representatives may be
changed, from time to time, by subsequent written notice. Each representative shall be
readily available to the other.
I. Dis ute Resolution. In the event of any dispute, claim, question or disagreement arising
out of the performance of this AGREEMENT, the PARTIES hereto shall consult and
negotiate with each other in good faith to settle the dispute, claim, question or
disagreement. In the event the PARTIES cannot mutually agree on the resolution of the
dispute, claim, question or disagreement, the decision of the DEPARTMENT's
Superintendent shall be final.
J. Effective Date. The Effective Date of this AGREEMENT shall be the date that the last
authorized signatory signs and dates this AGREEMENT. This AGREEMENT shall become
effective only in the event the corporate authorities of each PARTY approve this
AGREEMENT.
K. Entire LNg,reement. This AGREEMENT constitutes the entire agreement of the PARTIES
concerning all matters specifically covered by this AGREEMENT and supersedes all prior
written and oral agreements, commitments and understandings among the PARTIES.
There are no representations, covenants, promises or obligations not contained in this
AGREEMENTthat form any part of this AGREEMENT or upon which any of the PARTIES is
relying upon in entering into this AGREEMENT.
L. Force Ma eurP. No PARTY shall be liable for any delay or non-performance of its
obligations hereunder by any contingency reasonably beyond its control, including, but
not limited to, acts of God, war, civil unrest, labor strikes or walkouts, fires, pandemics
and/or natural disasters.
M. Indemnification. The GRANTEE shall indemnify, defend and hold harmless the COUNTY
and its commissioners, officers, directors, employees and agents, and their respective
heirs, successors and assigns, from and against any and all claims, liabilities, damages,
losses and expenses, including, but not limited to, legal defense costs, attorneys' fees,
settlements or judgments, caused by the negligent acts, omissions or willful misconduct
of the GRANTEE, its officers, directors, employees, agents, consultants, contractors,
subcontractors or suppliers in connection with or arising out of the performance of this
AGREEMENT.
N. Modification. This AGREEMENT may only be modified by a written instrument executed
by the DEPARTMENT's Superintendent and an authorized representative of the GRANTEE.
O. leo Individual or Personal Liabilit . The PARTIES agree that the actions taken and the
representations made by each respective PARTY and by their respective corporate
authorities have not been taken or made in anyone's individual capacity and no
mayor/president, board member, council member, official, officer, employee, volunteer
or representative of any PARTY will incur personal liability in conjunction with this
AGREEMENT.
8
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20-11 CE PI -08- E:5
2020 Invest in Coope
No Third -Part Beneficiaries. This AGREEMENT is not intended to benefit any person,
entity or municipality not a party to this AGREEMENT, and no other person, entity or
municipality shall be entitled to be treated as beneficiary of this AGREEMENT. This
AGREEMENT is not intended to and does not create any third -party beneficiary or other
rights in any third person or party, including, but not limited to, any agent, contractor,
subcontractor, consultant, volunteer or other representative of any PARTY hereto. No
agent, employee, contractor, subcontractor, consultant, volunteer or other
representative of any PARTY hereto will be deemed an agent, employee, contractor,
subcontractor, consultant, volunteer or other representative of the other.
Q. Notices. Unless otherwise specified, all reports, notices and other communications
related to this AGREEMENT shall be in writing and shall be personally delivered or mailed
via first class, certified or registered U.S. Mail or electronic mail delivery to the following
persons at the following addresses:
To the COUNTY: Jennifer (Sis) Killen, P.E., PTOE
Acting Superintendent
Cook County Department of Transportation and Highways
69 W. Washington Street, 24th Floor
Chicago, IL 60602
E-mail: J ni(" r.Killer�coo kcq , tyJl gov
To the GRANTEE: Village Engineer
Attn: Jeffrey Wulbecker, P. E.
Village of Mount Prospect
1700 W. Central Road
Mount Prospect, IL 60056
E-mail: `Wul eek a��°�masift rq o p ct&9
R. Pro ect Location,. A map showing the PROJECT limits is incorporated into and made a part
of this AGREEMENT and attached hereto as EXHIBIT C.
S. Recitals. The introductory recitals included at the beginning of this AGREEMENT are
agreed to and incorporated into and made a part of this AGREEMENT.
T. Records Maintenance. The GRANTEE shall maintain during the term of this AGREEMENT
and for a period of three (3) years thereafter complete and adequate financial records,
accounts and other records to support all PROJECT expenditures. These records and
accounts shall include, but not be limited to, records providing a full description of each
activity being assisted with COUNTYfunds; a general ledger that supports the costs being
charged to the COUNTY; records documenting procurement of goods and services;
contracts for goods and services; invoices; billing statements; cancelled checks; bank
statements; schedules containing comparisons of budgeted amounts and actual
expenditures; and construction progress schedules.
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20-I I CB P -OH- FS
2020 Invest in Cask
U. Reviews and Audits. The GRANTEE shall give the COUNTY access to all books, accounts,
records, reports and files pertaining to the administration, receipt and use of COUNTY
funds under this AGREEMENTto necessitate any reviews or audits.
V. Section Headings. The descriptive section and subsection headings used in this
AGREEMENT are for convenience only and shall not control or affect the meaning or
construction of any of the provisions thereof.
W. Severability. If any term of this AGREEMENT is to any extent illegal, otherwise invalid, or
incapable of being enforced, such term shall be excluded to the extent of such invalidity
or unenforceability; all otherterms hereof shall remain in full force and effect; and, to the
extent permitted and possible, the invalid or unenforceable term shall be deemed
replaced by a term that is valid and enforceable and that comes closest to expressing the
intention of such invalid or unenforceable term.
X. Timely Review and Approval. Wherever in this AGREEMENT approval or review by either
the COUNTY or GRANTEE is provided for, said approval or review shall not be
unreasonably delayed or withheld.
Y. Venue and Applicable Law. All questions of interpretation, construction and
enforcement, and all controversies with respect to this AGREEMENT, will be governed by
the applicable constitutional, statutory and common law of the State of Illinois. The
PARTIES agree that, for the purposes of any litigation relative to this AGREEMENT and its
enforcement, venue will be in the Circuit Court of Cook County, Illinois or the Northern
District, Eastern Division of the United States District Court, Chicago, Illinois, and the
PARTIES consent to the in personam jurisdiction of said Courts for any such action.
Z. Waiver of Default. The failure by the COUNTY or GRANTEE to seek redress for violation
of or to insist upon strict performance of any condition or covenant of this AGREEMENT
shall not constitute a waiver of any such breach or subsequent breach of such covenants,
terms, conditions, rights and remedies. No provision of this AGREEMENT shall de deemed
waived by the COUNTY or GRANTEE unless such provision is waived in writing.
(signature page to follow)
10
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Section: 20-IICB P -08 -ES
2020 Invest in Cook
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT on the dates indicated.
EXECUTED BY COUNTY OF COOK: EXECUTED BY VILLAGE OF MOUNT PROSPECT:
Toni Preckwinkle Arlene Juracek
President Mayor
Cook County Board of Commissioners
tt"
This day of � This '"day of
ATTEST: ATTEST:
County Clerk Village Clerk
RECOMMENDED BY:
APPROVED AS TO FORM:
Kimberly M. Foxx, State's Attorney
By:
Jennifer (Sis) Killen, P.E., PTOE Assistant State's Attorney
Acting Superintendent
County of Cook
Department of Transportation and Highways
11
INTERGOVERNMENTAL AGREEMENT
County of Cook/Whage of Mount Prospect
Section; 20-IICBP-08-ES
2020 Invest In Cook
EXHIBIT A
Funding Breakdown
12
INTERGOVERNMENTAL AGREEMENT
County of Cook/Village of Mount Prospect
Sec tion: 20-11UP-08. ES
2020 Invest in Cook
EXHIBIT B
Project Schedule
Remaining Items
Completion Date
PESA....
. . .... .
January 2021
Drainage Study
February 2021
. .................
Construction Staging/MOT Study
February 2021
ESR
May 2021
- — ------- - --------------
Public Meeting
7�. ........ ..
May 2021
SaL
June 2021
UPRR Concept Submittal
-- . ... . .......
June 2021
Draft Project Report
June 2021
. . . . . . . . . . . . . .........................
Final Proiect Report
. . . . . ............... . .............................. ..................._----------
September 2021
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Phase
Phase I Engineering 1��val �-Sekt 2021
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October 2021
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