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HomeMy WebLinkAboutRes 41-21 11/15/2021 Authorizing the Mayor to sign an intergovernmental agreement between the Northwest Water Commission and The Village of Mount Prospect to share costs associated with the design engineering for emergency water system interconnectionsRESOLUTION NO. 41-21 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE NORTHWEST WATER COMMISSION AND THE VILLAGE OF MOUNT PROSPECT TO SHARE COSTS ASSOCIATED WITH THE DESIGN ENGINEERING FOR EMERGENCY WATER SYSTEM INTERCONNECTIONS WHEREAS, the 1970 Constitution of the State of Illinois, 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 Northwest Water Commission (NWC) and the Village of Mount Prospect (Village) are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the NWC and the Village conducted engineering and feasibility studies regarding a water system interconnection system by and between the NWC and the Village that could supply either Party with water in an emergency situation; and WHEREAS, the Parties now believe it would be beneficial to their mutual interests in establishing a water interconnection system to initiate the next phase of the project that would develop engineering plans and the bid documents needed to create the design and determine the most feasible location for a water interconnection system between NWC and the Village; and WHEREAS, the NWC and the Village find it is in their interests to enter into an agreement setting forth their understanding for sharing the costs and expenses and other obligations related to the project. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to sign an Intergovernmental Agreement between the Northwest Water Commission and the Village of Mount Prospect to share costs associated with the design engineering for emergency water system interconnections, attached hereto as Exhibit A and made a part of this Resolution. 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: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli NAYS: None Resolution NWC interconnect ABSENT: None PASSED and APPROVED this 16th day of November, 2021. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Northwest Water Commission ("NWC" or "Party") and the Village of Mount Prospect, an Illinois municipal corporation (the "Village" or "Party") (collectively "Parties"). RECITALS WHEREAS, the 1970 Constitution of the State of Illinois, 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 11,CS 220/1 et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the NWC and the Village are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article V11, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the NWC and the Village conducted engineering and feasibility studies regarding a water system interconnection system by and between the NWC and the Village that could supply either Party with water in an emergency situation; and WHEREAS, the Parties now believe it would be beneficial to their mutual interests in establishing a water interconnection system to initiate the next phase of the project that would develop engineering plans and the bid documents needed to create the design and determine the most feasible location for a water interconnection system between NWC and the Village (the "Work"); and WHEREAS, the NWC and the Village find it is in their interests to enter into an agreement setting forth their understanding for sharing the costs and expenses and other obligations related to the Work. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. 59QP-e,-01the —W -q& The Parties agree that the general purpose of the Work shall be to determine the most feasible location for a water interconnection system between the NWC and the Village. Possible locations for the project include: Wheeling Road and Kensington Road or Highland Street/ Emerson Street/Kensington Road. Specific tasks for the Work shall include: a. Analysis of additional alternative locations for the water interconnection system, including consideration of the possible participation of the Northwest Suburban 4965911 Municipal joint Action Water Agency with the NWC and the Village in the water interconnection system project. b. Necessary surveying work. C. Determination of the need for real property and/or right-of-way acquisition; d. Preparation of plans, specification, and cost estimates for the project. e. Permit acquisition. f Participation in four (4) public meetings: two (2) meetings for the NWC and two (2) meetings for the Village. 9. Other engineering and/or administrative work, as needed, to prepare the project for public bidding. Section 3. Sharing of thlosts. fees. and ext),euscs gf lhg )York., The NWC and the Village will each pay one half of the costs, fees, and expenses of the Work as set forth in a technical proposal and a cost proposal prepared by Bums & McDonnell. The NWC and the Village agree the Party that contracts for the Work shall pay for it and the non -contracting Party shall reimburse the contracting Party for one half of the cost within ten (10) days after receipt of written notice the reimbursement is required. Or each party shall remit payment separately pursuant to invoicing from Burns & McDonnell that equally apportions costs. Section 4. lnsuriance. The NWC and the Village each shall procure and maintain, at their sole cost and expense, during the Work, a policy or policies of insurance with a company or companies authorized to do business in Illinois that insure each Party against general liability, fire, casualty, theft and property damage caused by the entity retained to do the Work, along with its employees and contractors. The coverage amounts for the insurance policy or policies for each Party shall be $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The NWC and the Village shall be named as a primary insured on the insurance policies. The NWC and the Village will provide to each other Certificates of Insurance if requested. Section 5. figngrAl vii "n — 5.1. Governing, 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, Illinois, and both NWC and the Village consent to the personal and subject matter jurisdiction of said Circuit Court and waive any claim that venue therein is not proper. 5.2. Modification oLft:Agrcg_m_v_rA. This Agreement shall not be modified, altered, or amended in any way except in writing agreed upon by both the MWC and the Village. 5.3. Notices. All written notices made pursuant to this specified individuals at the addresses set forth below by any service, overnight courier or first class mail, postage pre -paid. TO THE NORTHWEST WATER COMMISSION: Mr. Kevin Lookis Executive Director Northwest Water Commission 4965911 Agreement shall be directed to the of the following means: personal 1525 North Wolf Road, Des Plaines, Illinois TO THE VILLAGE OF MOUNT PROSPECT: Mr. Michael Cassady Village Manager Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 5.4. Entire Agreement. This Agreement constitutes the entire agreement between the NWC and the Village and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. IN WITNESS WHEREOF, the Northwest Water Commission and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. day o, f 2021 ATTEST: Mount Prospect 1i1 al,e Clerk 496591_1 NORTHWEST WATER COMMISSION Kevin Lookis Executive Director This — day of.,_, 2021 ATTEST: 1525 North Wolf Road, Des Plaines, Illinois TO THE VILLAGE OF MOUNT PROSPECT: Mr. Michael Cassady Village Manager Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 5.4. kEgoirS Agreement. This Agreement constitutes the entire agreement between the NWC and the Village and supersedes and replaces any and every other prior or contemporaneous ,agreement, negotiation, understanding, coivtn-�itn-tents and./or other writings with respect, to the subject matter herein. IN WITNESS WHEREOF, the Northwest Water Commission and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. GE OF MOUNT PROSPECT Paul W. Hoefert Mayor Thio day of h0021 ATTEST: AA Mount Prospect Village Clerk 496591_1 NORTHWEST WATER COMMISSION t Kevin Hoo s Executive Director This 0 day of 94��' 4*/6�"X 2021 ATTEST: