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HomeMy WebLinkAboutRes 31-19 08/07/2019 Invest in Cook grant funds Rand Central Mount Prospect RoadRESOLUTION NO. 31-19 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY TO UTILIZE "INVEST IN COOK" GRANT FUNDS �QR_RARD&�NTRALLIAQQNT R _R� —Q$ NJM�PROVEMENT$ 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 July 25, 2019, Cook County informed the Village of Mount Prospect that it had been selected for participation in the 2019 "Invest in Cook" Program; and WHEREAS, the County has agreed to award the Village of Mount Prospect up to $460,500 toward Phase II engineering and right-of-way acquisition costs for multi -modal improvements at the triangle intersections of Rand, Central and Mount Prospect Roads; and WHEREAS, Cook County and the Village of Mount Prospect by this intergovernmental agreement shall determine and establish their respective responsibilities for Phase II engineering, right-of-way acquisition, funding and reporting of the project; and WHEREAS, the President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The President 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 Rand/Central/Mount Prospect Road intersection improvements, 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, Zadel NAYS: None 2636071 ABSENT: Rogers, Saccotelli PASSED and APPROVED this 7 Ih day of August 2019 I ne A. 3uracek Mayor ATTEST: Karen M Village Clerk 2636071 TONI PRECKWINKLE PRESIDENT Cook County Board of Commissioners BRANDON JOHNSON 1st District DENNIS DEER 2nd District BILL LOWRY 3rd District STANLEY MOORE 4th District DEBORAH SIMS Sth District DONNA MILLER 6th District ALMA E. ANAYA 7th District LUIS ARROYO, JR 8th District PETER N. SILVESTRI 9th District BRIDGET GAINER 10th District JOHN P. DALEY 1 1th District BRIDGET DEGNEN 12th District LARRY SUFFREDIN 13th District SCOTT R. BRITTON 14th District KEVIN B. MORRISON 15th District JEFFREY R. TOBOLSKI 16th District SEAN M. MORRISON 17th District DEPARTMENT OF TRANSPORTATION AND HIGHWAYS JOHN YONAN, P.E. SUPERINTENDENT 69 West Washington Street, 24th Floor * Chicago, Illinois 60602-3007 0 (312) 603-1601 December 5, 2019 The Honorable Arlene A. Juracek Mayor Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Re: Original Copy of IGA and Notice to Proceed Dear Mayor Juracek: On November 21, 2019, the Cook County Board of Commissioners approved the attached Intergovernmental Agreement for your project. This letter serves as your Notice to Proceed, Your project has been assigned to one of our staff members who will act as your Project Coordinator and primary liaison with our department. That person's name is Helen Sterr and they can be reached via email at helen.sterr@cookcountyil.gov or by phone at (312) 603-1744. One of the ways in which we will stay abreast of your project's progress is through your regular submittal of Quarterly Reports which will be provided to you electronically in the coming weeks. These reports will reflect activities occurring during the quarters ending on March 31, June 30, September 30 and December 31 for the duration of your project. Reports will be due to your Project Coordinator no later than the last day of the month following the close of the quarter. If you have any other questions or concerns, please do not hesitate to contact your Project Coordinator. Very truly yours, Zr1�3 Maria Choca Urban Director, Strategic Planning Bureau Department of Transportation and Highways Cook County, Illinois cc: Matt Lawrie MCU:TE/1 534 $ Fiscal Responsibility If Innovative Leadership # Transparency & Accountability C-1: Improved Services CONNECTING COOK COUNTY INTERGOVERNMENTAL AGREEMENT .5�, This INTERGOVERNMENTAL AGREEMENT (the "AGREEMENT") is entered into this ;Z? I day of /'\/O V, , 2019, 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 "VILLAGE"). The COUNTY and VILLAGE 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 toad dress congestion on our roads and meet the travel needs of residents who cannot afford a car or choose not to have one; 0 Support the region's role as North America's freight capital to spur economic growth and job creation; e Promote equal access to opportunities to achieve greater and more evenly distributed economic growth; E INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook o 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 approximately $75 million in additional federal, state and local funds; and WHEREAS, on July 25, 2019, the COUNTY informed the VILLAGE that it had been selected for participation in the 2019 Invest in Cook Program; and WHEREAS, the COUNTY has agreed to award the VILLAGE up to $460,500 toward Phase 11 engineering and right-of-way acquisition costs for multi -modal improvements at the triangle intersections of Rand, Central and Mount Prospect Roads (the "PROJECT"); and WHEREAS, the PARTIES by this instrument shall determine and establish their respective responsibilities for Phase 11 engineering, right-of-way acquisition, funding and reporting of the PROJECT;and WHEREAS, the COUNTY, by virtue of its powers as a home rule unit of government and those 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 VILLAGE, by virtue of its powers as a home rule unit of government and those 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. 2 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows: 1. PHASE 11 ENGINEERING A. Engineering 8greement. The VILLAGE will enter into an agreement with a professional engineering firm to perform Phase 11 engineering services for the PROJECT, including, but not limited to, preparing preliminary, pre -final and final construction plans, specifications, special provisions and cost estimates. The VILLAGE will forward a copy of the Phase 11 engineering agreement to the COUNTY within 14 calendar days of execution. B. Consultant Selection. As a home rule unit of government, the VILLAGE is not subject to the provisions of the Local Government Professional Services Selection Act, 50 ILCS 510/0.01 et seq., in selecting its consultant. C. Deliverables. The VILLAGE or its consultant must submit the construction plans, specifications, special provisions and cost estimates to the COUNTY at the following stages of plan preparation: 60% - Preliminary 100% - Final D. County Review. The COUNTY will review the construction plans, specifications, special provisions and cost estimates within 14 calendar days of receipt thereof. If the VILLAGE does not receive comments from the COUNTY within this time period, or receive a request for an extension of time, which request shall be reasonably considered, the lack of response shall be deemed an approval of the plans and specifications. Approval by the COUNTY means that the plans and specifications are in conformance with this AGREEMENT. In the event of disapproval, the COUNTY will detail in writing its objections to the proposed plans and specifications for review and consideration by the VILLAGE. E. Disputes. The PARTIES will work cooperatively to address and resolve any review comments and/or objections raised by the COUNTY. Any dispute(s) concerning 3 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook the plans and specifications shall be resolved in accordance with Section VI of this AGREEMENT. F. �Le�adl� The VILLAGE agrees to assume overall responsibility for the PROJECT, including ensuring that all required permits and joint participation and/or force account agreements are secured. G. CountV Permits. The COUNTY will 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 VILLAGE and/or its agents, without charge of permit fees to the VILLAGE. 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. H. Submittals. All submittals required of the VILLAGE under this section of the AGREEMENT must be directed by electronic mail to the DEPARTIVIENT's Bureau Chief of Design at Noel, Basg uin@�gqo�c t i Lgov. 2� _ II. RIGHT-OF-WAY ACQUISITION A. Rkht-of-wa Acquisivion. The VILLAGE will acquire any right-of-way, permanent y _ _ easements ortemporary easements necessary for the PROJECT, in fee title or such lesser interest as may be desired, either through voluntary sale or condemnation in its name. B. Federal and State Procedures. The VILLAGE will follow all federal and state acquisition procedures, where applicable. C. Plats and Legals. The VILLAGE will secure all necessary title commitments, plats, legal descriptions, appraisals, review appraisals and negotiation services to begin negotiations with the owners of any necessary right-of-way and/or easements. D. Deliverables,. Upon the request of the COUNTY, the VILLAGE must provide the COUNTY with current or updated appraisals and title commitments. The VILLAGE will obtain the services of an appraiser to assist with preparation of said documents. 4 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook E. Negotiation Services. The VILLAGE will obtain, either directly or through a subcontractor, negotiation services from a provider acceptable to both the COUNTY and VILLAGE. F. Purchase and Conyempn�e. In the event the negotiator is successful in negotiating the purchase of a property, the PARTIES agree that the negotiator is authorized to perform all duties and prepare all documents necessary to purchase and convey the parcel(s) to the VILLAGE or its designee(s), subject to review and approval by the VILLAGE and its counsel. G. Condemnation ProceediNs. in the event the negotiator is unable to purchase a parcel(s), the case will be filed by the VILLAGE in the Circuit Court of Cook County for initiation of condemnation proceedings. Ill. SCHEDULE AND TERMINATION A. Notice to Proceed. Execution of this AGREEMENT by the PARTIES shall be deemed a "Notice to Proceed" for the VILLAGE to commence work on the PROJECT. B. Schedule. Phase 11 engineering services and right-of-way acquisition for the PROJECT must be completed within 34 months from the Effective Date of this AGREEMENT, as defined in Section VIII (1) below. C. Inactivity. This AGREEMENT and the covenants contained herein shall become null and void in the event that the Phase 11 engineering agreement is not awarded within one year subsequent to the Effective Date of this AGREEMENT, as defined in Section VIII (1) below. D. Suspension or Early Termination. Subject to Section Vil below, the VILLAGE agrees that, if the COUNTY determines that the VILLAGE 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 VILLAGE of said non-compliance or default and failure by the VILLAGE to correct said violations within 60 calendar days, may: 5 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 1 nvest in Cook 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 VILLAGE; 3. deduct any refunds or repayments from any funds obligated to, but not expended by the VILLAGE, whether from this or any other project; 4. temporarily withhold cash payments pending correction of deficiencies by the VILLAGE or more severe enforcement action by the COUNTY; 5. disallow all or part of the cost of the activity or action not in compliance; 6. take other remedies legally available; or 7. take appropriate legal action. E. Termination. This AGREEMENT terminates upon completion of Phase 11 engineering services and right-of-way acquisition for the PROJECT and final reimbursement by the COUNTY, or December 31, 2024, whichever date is earlier. F. Extensions. The Superintendent of the DEPARTMENT or his or her designee(s) may extend in writing any deadline(s) imposed by this section, including, but not limited to, the termination date of the AGREEMENT. IV. FINANCIAL A. Cost Estimate. The total estimated cost of Phase 11 engineering services and right- of-way acquisition for the PROJECT is $921,000. B. Village Cost Participation. The VILLAGE agrees to pay all actual Phase 11 engineering and right-of-way acquisition costs for the PROJECT, subject to reimbursement by the COUNTY as hereinafter stipulated. C. County Cost Participation. The COUNTY agrees to reimburse the VILLAGE for 50% of actual Phase 11 engineering and right-of-way acquisition costs for the PROJECT R I NTERGOVERN MENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook (the "COUNTY'S SHARE"), up to a total maximum contribution of $460,500 (the "MAXIMUM CONTRIBUTION-). D. Initial PaVrnent. The COUNTY agrees that upon award of the Phase 11 engineering agreement for the PROJECT and receipt of an invoice from the VILLAGE, the COUNTY will make an initial payment to the VILLAGE in the amount of $230,250. This amount represents 50% of the COUNTY's MAXIMUM CONTRIBUTION under this AGREEMENT. E. Second Payment. The COUNTY agrees that upon receipt of the preliminary construction plans, specifications, special provisions and cost estimates for the PROJECT and an invoice from the VILLAGE, the COUNTY will make a second payment to the VILLAGE in the amount of $115,125. This amount and the initial payment to the VILLAGE represent 75% of the COUNTY's MAXIMUM CONTRIBUTION under this AGREEMENT. F. Final Reimbursement. The COUNTY agrees that upon receipt of an invoice from the VILLAGE following completion of Phase 11 engineering services and right-of- way acquisition for the PROJECT, the COUNTY will make a final payment to the VILLAGE for the balance of the COUNTY'S SHARE under this AGREEMENT. The amount of the final payment will be based on the actual cost of Phase 11 engineering services and right-of-way acquisition for the PROJECT and will reflect the COUNTY's prior payments to the VILLAGE. In the event that the prior payments made to the VILLAGE by the COUNTY exceed the COUNTY'S SHARE under this AGREEMENT, the COUNTY may require the VILLAGE to return any or all excess funds. G. Final Reimbursement Documentation. In order to receive final reimbursement from the COUNTY, the VILLAGE must submit the following documentation along with the final invoice: 1. a cover letter addressed to the Superintendent of the DEPARTMENT, including the name of the PROJECT and its associated section number; 2. a copy of all cancelled check(s) paid to the consultant(s) and/or contractor(s) (or a copy of the associated bank ledgers reflecting the 7 I NTERGOVERN MENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook payment(s)), or a letter(s) from the consultant(s) and/or contractor(s) confirming payment was received for the service(s) rendered; and 3. a copy of all associated invoice(s) submitted to the VILLAGE by the consultant(s) and/or contractor(s) for the service(s) rendered; and/or 4. a copy of all cancelled check(s) paid to acquire any necessary right-of-way (or a copy of the associated bank ledgers reflecting the payment(s)). H. Insufficient Documentation. If the documentation submitted by the VILLAGE for final reimbursement is reasonably deemed by the COUNTY as not sufficiently documenting the work completed or right-of-way acquired, the COUNTY may require further records and supporting documents to verify the amounts, recipients, and uses of all funds invoiced pursuant to this AGREEMENT. gible _Expenditures. It is understood and agreed to by the PARTIES that the COUNTY will not reimburse the VILLAGE for any expenditures that are: 1. contrary to the provisions of this AGREEMENT; 2. not directly related to carrying out Phase 11 engineering services or right- of-way acquisition for the PROJECT; 3. not paid by the VILLAGE or its consultant(s) and/or contractor(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 III (D) of this AGREEMENT; and 6. in excess of the COUNTY's MAXIMUM CONTRIBUTION under this AGREEMENT. 8 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook J. Supplemental or Substitute Work. Either PARTY may request, after the Phase 11 engineering agreement is awarded by the VILLAGE, that supplemental or costlier substitute work be added to the agreement's scope of work. The VILLAGE will cause said supplemental or substitute work to be added to the agreement, provided that said work will not unreasonably delay the PROJECT schedule. Whichever PARTY requested or caused said supplemental or costlier substitute work shall pay for the cost increases of said work in full. K. Fundinp, Breakdown. A funding breakdown is incorporated into and made a part of this AGREEMENT and attached hereto as EXHIBIT A. V. REPORTING A. Quarterly Performance Report . The VILLAGE must submit quarterly performance reports to the COUNTY no later than 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 PROJECT and its associated section number; 2. an estimate of the percentage of Phase 11 engineering and right-of-way acquisition completed for the PROJECT; 3. a statement indicating whether Phase 11 engineering and right-of-way acquisition for the PROJECT is on, behind or ahead of schedule; 4. a record of Phase 11 engineering and right-of-way acquisition activities and expenditures to date and for the current reporting period; 5. a forecast of quarterly Phase 11 engineering and right-of-way acquisition activities and expenditures for the remainder of the PROJECT; 6. any significant changes to the PROJECT schedule. Ifl INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook B. Use of Reports. The COUNTY will use quarterly performance reports to compare the rate of the VILLAGE's actual expenditures to the planned amounts in the approved PROJECT budget (EXHIBIT A) and to track Phase 11 engineering and right- of-way acquisition activities against the approved milestones in the PROJECT schedule, which is incorporated into and made a part of this AGREEMENT and attached hereto as EXHIBIT B. C. Extensions. The VILLAGE may request to extend the due date of any quarterly performance report and the COUNTY will reasonably consider any such requests. D. Final Performance_ggport. The VILLAGE must submit a final performance report with its request for final reimbursement. The final report should describe cumulative Phase 11 engineering and right-of-way acquisition activities, including a complete description of the VILLAGE'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. Report Format. The VILLAGE 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 VILLAGE 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 quarterly and final performance reports, and any requests for extension, shall be directed to the DEPARTMENT's Bureau Chief of Strategic Planning , and Policy by electronic mail delivery at rnaria.chocal.irban .ggv. VI. DISPUTE RESOLUTION A. Negotiation. If a dispute arises between the COUNTY and the VILLAGE concerning this AGREEMENT, the PARTIES will first attempt to resolve the dispute by negotiation. Each PARTY will designate persons to negotiate on their behalf. The PARTY contending that a dispute exists must specifically identify in writing all issues and present it to the other PARTY. The PARTIES will meet and negotiate in good faith in an attempt to resolve the matter. If the dispute is resolved as a result 10 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook of such negotiation, there must be a written determination of such resolution, signed by the PARTIES, which will be binding upon the PARTIES. If necessary, the PARTIES will execute an addendum to this AGREEMENT. Each PARTY will bear its own costs, including attorneys' fees, incurred in all proceedings in this section. if the PARTIES do not resolve the dispute through negotiation, either PARTY may pursue other remedies under Section VI (B) below to enforce the provisions of this AGREEMENT. B. Remedies. In any action with respect to this AGREEMENT, the PARTIES are free to pursue any legal remedies at law or in equity. Each and every one of the rights, remedies, and benefits provided by this AGREEMENT shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. Each PARTY will bear its own costs, expenses, experts' fees, and attorneys' fees, incurred in all litigation arising under this AGREEMENT. C. 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 purpose 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. VII. FORCE MAJEURE A. Excuse from Performance. Neither PARTY will be liable in damages to the other PARTY for delay in performance of, or failure to perform its obligations under this AGREEMENT, if such delay or failure is caused by a Force Majeure Event as defined in Section VII (B) below. If a PARTY cannot perform under this AGREEMENT due to the occurrence of a Force Majeure Event, then the time period for performance of the PARTY under this AGREEMENT shall be extended by the duration of the Force Majeure Event. B. Force Maieure Event. A "Force Majeure Event" means an event not the fault of, and beyond the control of the PARTY claiming excuse, which makes it impossible or extremely impracticable for such PARTY to perform the obligations imposed on 11 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook it by this AGREEMENT, by virtue of its effect on physical facilities and their operation or employees essential to such performance. Force Majeure Events include, but are not limited to: 1. an "Act of God," such as an earthquake, flood, fire, Lake Michigan seiche, tornado, earth movement, or similar catastrophic event; 2. an act of terrorism, sabotage, civil disturbance or similar event; 3. a strike, work stoppage, picketing, or similar concerted labor action; and 4. an order or regulation issued by a federal or state regulatory agency after the Effective Date of this AGREEMENT, or a judgment or order entered by a federal or state court after the Effective Date of this AGREEMENT. A Force Majeure Event does not include a change in economic or market conditions or a change in the financial condition of either PARTY to this AGREEMENT. C. Notice. The PARTY claiming a Force Majeure Event excuse must deliver to the other PARTY a written notice of intent to claim excuse from performance under this AGREEMENT by reason of a Force Majeure Event. Notice required by this section must be given promptly in light of the circumstances. Such notice must describe the Force Majeure Event, the services impacted by the claimed event, the length of time that the PARTY expects to be prevented from performing, and the steps that the PARTY intends to take to restore its ability to perform its obligations under this AGREEMENT. Vill. GENERAL CONDITIONS A. Authority to Execute. The PARTIES hereto have read and reviewed the terms of this AGREEMENT and by their signature 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. IM INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook 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 Rggulations. 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 VILLAGE understands and agrees that no director, officer, agent or employee of the VILLAGE may have an interest, whether directly or directly, 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. Counterparts. This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. G. 1Coqun'tt Section Number. The PROJECT is hereby designated as COUNTY section number 19-IICRD-09-PV. The VILLAGE shall include COUNTY section number 19- IICRD-09-PV on all PROJECT -related submittals, including, but not limited to, emails, correspondence and invoices. H. Desianation of Reoresentatives. Not later than 14 calendar days after the Effective Date of this AGREEMENT, as defined in Section VIII (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 decisions relating to the work covered by this 13 I NTERGOVERN MENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other. 1. Effective Date. The Effective Date of this AGREEMENT shall be the date that the last authorized signatory signs and dates this AGREEMENT, which date shall be inserted on the first page of this AGREEMENT. This AGREEMENT shall become effective only in the event the corporate authorities of each PARTY approve this AGREEMENT. J. Entire Agreement. This AGREEMENT constitutes the entire agreement of the PARTIES concerning all matters specifically covered by this AGREEMENT and supersedes all prior written or oral agreements, commitments and understandings among the PARTIES. There are no representations, covenants, promises or obligations not contained in this AGREEMENT that form any part of this AGREEMENT or upon which any of the PARTIES is relying upon in entering into this AGREEMENT. K. Indemnification. The VILLAGE 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 judgements, caused by the negligent acts, omissions or willful misconduct of the VILLAGE, its officers, directors, employees, agents, consultants, contractors, subcontractors or suppliers in connection with or arising out of the performance of this AGREEMENT. L. Modification. This AGREEMENT may only be modified by a written instrument executed by the Superintendent of the DEPARTMENT and an authorized representative of the VILLAGE, M. No Individual or Personal LiabilitV The PARTIES agree that the actions taken in regard to and the representations made by each respective PARTY in this AGREEMENT and by their respective corporate authorities have not been taken or made in anyone's individual capacity and no mayor/p resident, board member, council member, official, officer, employee, volunteer or representative of any PARTY will incur personal liability in conjunction with this AGREEMENT. 14 I NTERGOVERN MENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook N. No Third-Partv 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 the PARTIES hereto will be deemed an agent, employee, contractor, subcontractor, consultant, volunteer or other representative of any other PARTY hereto. 0. Notices. Unless otherwise specified, all written 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: John Yonan, P.E., Superintendent Cook County Department of Transportation and Highways 69 W. Washington Street, 24th Floor Chicago, IL 60602 E-mail: To the VILLAGE: Matt Lawrie Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 E-mail: rnlawr'e0mount ro-13rt nra P. Pr9ject Location. A map showing the PROJECT limits is incorporated into and made a part of this AGREEMENT and attached hereto as EXHIBIT C, Q. Recitals. The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into and made a part of this AGREEMENT. R. Records Maintenance. The VILLAGE shall maintain during the term of this AGREEMENT and for a period of three years thereafter complete and adequate financial records, accounts and other recordsto support all PROJECT expenditures. 1161 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 Invest in Cook These records and accounts shall include, but not be limited to, records providing a full description of each activity being assisted with COUNTY funds; 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, if applicable. S. Reviews and Audits. The VILLAGE will give the COUNTY access to all books, accounts, records, reports, files, and other papers pertaining to the administration, receipt and use of COUNTY funds to necessitate any reviews or audits. T. Section Headlqg�. 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. U. 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 other terms 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. V. Timely Review and Approval. Wherever in this AGREEMENT approval or review by either the COUNTY or the VILLAGE is provided for, said approval or review shall not be unreasonably delayed or withheld. W. Waiver of Default. The failure by the COUNTY or the VILLAGE 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 be deemed waived by the COUNTY or VILLAGE unless such provision is waived in writing. W. INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-IICRD-09-PV 2019 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 A. Juracek President Cook County Board of Commissioners Mayor This day of 2019 This day of -�019 ATTEST: ATTEST: �r�w County Clerk Village Clerk RECOMMENDED BY: APPROVED AS TO FORM: Kimberly M. Foxx, State's Attorney By- 2 6:ts Joh Yonan, P. Assistant Stat , Attorney Superintendent County of Cook Department of Transportation and Highways 17 1, KAREN A. YARBROUGH, County Clerk of Cook County, in the State of Illinois aforesaid and keeper of the records and files of said Cook County, do hereby certify that The Board of Commissioners of The County of Cook, at their regular meeting held on November 21, 2019, passed the following Resolution: USA RESOLUTION Sponsored by THE HONORABLE TONI PRECKWINKLE PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS RESOLVED, by the members of The Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, to authorize and direct its President to execute, by original signature or authorized signature stamp, two (2) copies of an Intergovernmental Agreement with the Village of Mount Prospect, said Agreement attached, wherein the Village will be the lead agency for Phase 11 engineering and right-of-way acquisition for multi -modal improvements at the triangle intersections of Rand Road, Central Road and Mount Prospect Road; that the County of Cook will pay for a share of the Phase 11 engineering and right-of- way acquisition costs incurred by the Village and shall reimburse the Village for its share of said costs (estimated total County share $460,500.00) under County Section: 19-IICRD-09- PV; and, the Department of Transportation and Highways is authorized and directed to return one (1) executed copy of the Agreement with a certified copy of this Resolution to the Village of Mount Prospect and implement the terms of the Agreement. All of which appears from the records and files of my office, IN WITNESS WHEREOF I have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, in said County, this 21 st day of November A.D. 2019. HATransportation & Plan ning\Plan ning\PROGRAMM I NG\I NVEST IN COOK (IIC)\IGA's\2019 IIC\2019 IIC—BD-.RES—TEMP\IGA Resolutions\Res Mount Prospect—Phase 11 Eng. & ROW Acq. IGA.doc INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Prospect Section: 19-11CRD-09-PV 2019 1 nvest in Cook EXHIBITA Funding Breakdown TOTAL ITEM ESTIMATED VILLAGE SHARE COUNTYSHARE CO: Phase 11 Engineering and $921,000 50% 50% Right -of -Way Acquisition I I (up to $460,500) 18 INTERGOVERNMENTAL AGREEMENT County of Cook/Village of Mount Pro�pect Section: 19-IICRD-09-PV 2019 Invest in Cook EXHIBIT B Rand -Central -Mount Prospect Road Intersections Project Schedule - — ------ . .............. .. ......... ......................... Phase Anticipated Schedule .................... - ..... ... . ............. . ........ .......... Phase I Preliminary Engineering and Complete November 2019 Environmental Study . . . . . . . .............. . — ------------ Phase 11 Detailed Construction Plans March 2020 – December 2021 ............. Land Acquisition Mar!�h,_�9,20– December 2021 Construction Pril 2022 – December 2023 w MAPLE I'll i : 0 250 500 1,000 HILL TRAILS j Feel TREET PARK 1 inch = 500 feet P)%RK 1— -11-1-1- -1111-111---- 7— BUSSE PARK V, , 'N k6k X"T" 1-0- N .11MIRT CENTENNIAL Fz ALD? U -us�2 MOUNT PROSPECT Lu it PLAZA SAINT EMILY A CATHOLIC �W4M5 �ANCE U) Uj SCHOOL 606T�Exii' PLAZA ENTRANCE . . ............. � !1� N.ls .... . . . ...... . ......... .... .. . .. .... .... i ....... . ... . . ...... . ..... .... . .... . . . ....... . .... .. . ... . ..... . . U. Legend Planned Bike Routes Parks Municipal Boundary Schools cop�llfuljght CLIENT: TITLE: PROI NO 1711111 VILLAGE OF RAND -CENTRAL -MOUNT PROSPECT DATE 02112/2019 MOUNT PROSPECT ROAD INTERSECTIONS PHASE I SHEET I OF I ENGINEERING STUDY DRAWING NO I DSGN $2 1 1:6.000 CHRISTOPHER B. BURKE ENGINEERING, LTD. DRW XUATHLEOR� DWALTERS EXHIBIT C ffB 9575 W. Higgins Road, Suite 600 - Rosemont, Illinois 60018 - (847) 823-0500 P. - P. M OT DATE 3/14/2019 FILE: General Location ap MAYOR P"—Pcct VILLAGE MANAGER Arlew.A. juracek Michael J. Cassady TRUSTEES VILLAGE CLERK William A. Grossi Karen M. Agoranos Eleni Hatzis Paul Wrn. Hoefert Phone: 847/392-6000 Richard F. Rogers Fax: 847/392-6022 Colleen E. Saccotelli TDD: 847/392-6064 Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Iffinois 60056 STATE OF ILLINOIS SS COUNTY OF COOK 1, Karen M. Agoranos, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. I do further certify that aftached hereto is a true and correct copy of Resolution No. 31-19, "A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY TO UTILIZE "INVEST IN COOK" GRANT FUNDS FOR RAND/CENTRAIL/MOUNT PROSPECT ROAD INTERSECTION IMPROVEMENTS" passed at the regular meeting of the Mayor and Village Board of Trustees held August 7, 2019, as it appears in the official records and files of the Village of Mount Prospect. Dated this 7 th day of October, 2019, Karen M. Agoranos 4 Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) RESOLUTION NO. 31-19 ",A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY TO UTILIZE "INVEST IN COOK" GRANT FUNDS EO�-RMPJ-QEN-lR-6L/k=NLP-RQaEE.CT—R-QAP LNJER$ _E_CrJQ.N . _ I_MR_R_QY_E_M BE$ 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 July 25, 2019, Cook County informed the Village of Mount Prospect that it had been selected for participation in the 2019 "Invest in Cook" Program; and WHEREAS, the County has agreed to award the Village of Mount Prospect up to $460,500 toward Phase II engineering and right-of-way acquisition costs for multi -modal improvements at the triangle intersecUons of Rand, Central and Mount Prospect Roads; and WHEREAS, Cook County and the Village of Mount Prospect by this intergovernmental agreement shall determine and establish their respective responsibilities for Phase II engineering, right-of-way acquisition, funding and reporting of the project; and WHEREAS, the President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the President to execute an Intergovern mental Agreement with Cook County to utilize "Invest in Cook" grant funds for Rand/Central/Mount Prospect Road intersection improvements, 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, Zadel NAYS: None 2636071 ABSENT: Rogers, Saccotelli �ASSED and APPROVED this 7 Ih day of August 2019 X�Ie�n A. Juracek Mayor ATTEST: Karen ' gora s Village Clerk 2636071