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HomeMy WebLinkAbout5.10 Resolution Authorizing an Intergovernmental Agreement Between Prospect Heights and Mount Prospect: Seminole Lane5/12/2017 BoardDocs® Pro IN Agenda Item Details Meeting May 16, 2017 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.10 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PROSPECT HEIGHTS AND THE VILLAGE OF MOUNT PROSPECT TO SHARE EXPENSES RELATED TO RESURFACING OF SEMINOLE LANE. Access Public Type Action (Consent) Preferred Date May 16, 2017 Absolute Date May 16, 2017 Fiscal Impact No Budgeted No Budget Source N/A Recommended Authorize an intergovernmental agreement between the City of Prospect Heights and the Village of Action Mount Prospect to share expenses related to the resurfacing of Seminole Lane. Public Content Information This year's street resurfacing program is comprised 7.45 miles of Village streets. Included in the program is Seminole Lane, from River Road to Mura Lane. This section of Seminole Lane is a border street that demarks the corporate limits of the City of Prospect Heights and the Village of Mount Prospect. The border runs through the middle of the roadway with the southern half located in Mount Prospect and the northern half located in Prospect Heights. As we have done in the past with border streets, staff contacted Prospect Heights and informed them of our intent to resurface Seminole Lane this year. We inquired as to their desire to have us include their half of the street in the program. Prospect Heights indicated its concurrence and has approved an Intergovernmental Agreement (IGA) which their Mayor signed on April 24, 2017. The IGA, prepared by our Village Attorney, stipulates that Prospect Heights will pay for all work related to resurfacing their half of the street. The Village will pay the street resurfacing contractor directly and upon invoicing, Prospect Heights will reimburse Mount Prospect their share of the project cost. Alternatives 1. Authorize an intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share costs related to the resurfacing of Seminole Lane. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board authorize an intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share costs related to the resurfacing of Seminole Lane. IGA - signed by Prospect Heights.pdf (260 KB) Seminole Lane Location Map.pdf (198 KB) Resolution IDOT IL 83 funding.pdf (14 KB) https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 5/12/2017 Administrative Content Executive Content BoardDocs® Pro All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 INTERGOVERNMENTAL AGREEMENT This Intergovernmental. Agreement (the "° reement,") 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 pohitic and corporate of the State of Illinois. Mount Prospect and Prospect Heiglits are sometimes collectively referred to as the "Parties." RECITALS WHEREAS, the Constitution of the State of Illinois, 1970, Article 1%111, Section 10, authorizes its of local. government to contract or, otherwise associate among themselves in any Manner not prohibitedby law or ordinance; and. WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 IL 220/1 et seq.), authorizes and encourages intergovernmental cooperation; and I WHEREAS, Mount Prospect and Prospect Heights are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VIL 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 ot Semi� Lane running between Mura Lane and River Road and Mount Pr p,�— Jr, -, &-- ', for the southern half of Sem. mole Lane running between Mura Lane and River Roal and WHEREAS, the work that Mount Prospect intends to initiate and complete Seminole Lane between, Mura Lane and River Road includes road resurfa ,intermittent curb and gutter removal and replacement; and manhole, valve vault an catch basin structural adjustments (the "Seminole Lane Project"); and i HZEMM WHEREAS, Prospect Heights seeks to have Mount Prospect include the portion of Se ole 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 a] conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1: Allocation of the Costs for the Seminole Lane Prni pct. 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 or 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 Lazice Project that the City will pay, subject to Prospect Heights' review and approval of the cost allocation calculation. 2.1 Mount Prospect shall pay all the costs related to work on the Seminole Lane Project, 2,-2 Mount Prospect shall provide the construcElon engineering and it shall be solely responsible for conducting and completing the Seminole Lane Project, HOME] 2.3 Mount Prospect shall conduct thefir-W inspection ofwork.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. Section 3: and pi stems 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 Projectby 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 Provisions. 4.1 Govern Law 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 Modification. This Agreement may not be altered, modified oramended except by a written instr=ent 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 kFQor1gcge M ' _mAjgM. 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 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 Enndm-Agrgmgni- 11tis Agreement constitutes the entire agreement between Mount Prospect and Prospect Heights, merges all discussion between therm and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitinents and writings with respect to such subject matter hereof. IN WITNESS WIIEREOF,Mowi.,it.prospect and. Prospect Height,,.-, have use this.Ag:re ement to be executed by their respective officials on the dates as sb.own.. EXECUTED BY THE VILLAGE OF MOUNT 13IZOSPECT Arlene A.. juracek Mayor EXECUFED BYTHE CITY OF PROSPECT HEIGHTS ThIs day of ........ 2017 '1111s .......... day off.2017 ......... .. l ATTEST: A"rrES"I. . ......... ..- - .............................. . ... ..... ... Village Clerk City Clerk C De,,,V I k9lijAw S P p Z bra, X 4 D P) k .......... UZEM Project Location/Limits Map Project: 2017 Street Resurfacing Program Location: Seminole Lane (River Road to Mura Lane) Q E Prosper Seminole Lane I 7i870 56,10 ,V 84.7/ 53-9377 wl'vl'v.If'Y'YoG.VN'..NCa1^ per:.t.a;;)M"g RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE VILLAGE OF MOUNT PROSPECT TO FUND SIDEWALK RAMP IMPROVEMENTS ASSOCIATED WITH THE IL ROUTE 83 (ELMHURST ROAD) RESURFACING PROJECT. WHEREAS, , the Village of Mount Prospect has entered into an Agreement with the Illinois Department of Transportation (IDOT) to fund sidewalk ramp improvements associated with the IL Route 83 (Elmhurst Road) Resurfacing Project; and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the Village of Mount Prospect to appropriate sufficient funds to pay its share of the cost of said improvement 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 Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute Agreement between the Village of Mount Prospect and the Illinois Department of Transportation for the appropriated sum of Two Thousand Seventy Dollars (2,070.00) or so much thereof as may be necessary, from any money now or hereinafter allotted to the Village to pay its share of the cost of this improvement as provided in the Agreement attached hereto and made a part of this Resolution as Exhibit "A". SECTION TWO: That upon award of the contract for this improvement, the Village of Mount Prospect will pay to the IDOT in a lump sum from any funds allotted to the Village an amount equal to 80% of its obligation incurred under this Agreement, and will pay to said IDOT the remainder of the obligation in a lump sum, upon completion of the project based on final costs. SECTION THREE: That the Village of Mount Prospect agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient, to cover said cost. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 16th day of May, 2017 Arlene A. Juracek Mayor ATTEST: Karen Agoranos Village Clerk