The URL can be used to link to this page

Home My WebLink About6.9 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION THAT FACILITATES PROCUREMENT OF RIGHT-OF-WAY NECESSARY FOR THE CONSTRUCTION OF THE RAND/CENTRAL/MOUNT PROSPECT ROAD INTERSECTION IMr�GauC �'d'+rt;�iect Item Cover Page Subject A RESOLUTIONAUTHORIZING INTERGOVERNMENTALSIGN AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION THAT FACILITATES PROCUREMENT OF RIGHT-OF-WAY F THE CONSTRUCTIONTHE RAND/CENTRAL/MOUNT INTERSECTIONT . Meeting March 15, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount N/A. Budget Source Not applicable. Category CONSENT AGENDA Type Consent Information At the August 17, 2021 Village Board meeting, the Village Board authorized an intergovernmental agreement (IGA) with the Illinois Department of Transportation (IDOT) to procure right-of-way necessary to construct the Rand/Central/Mount Prospect Road Intersection Improvements. Essentially, this agreement memorialized a process in which the Village would procure permanent right-of- way for the project and seek subsequent reimbursement through a $720,000 Congestion Mitigation / Air Quality grant. All permanent right-of-way acquisitions were to be made transferring title directly to the State of Illinois. All of the permanent right-of-way acquisitions are on property immediately adjacent to existing state-owned right-of-way. Staff has been pursuing the right-of-way acquisitions utilizing a State of Illinois procurement process administered by IDOT. As part of this process, IDOT is provided several review opportunities. Early in the process, IDOT requires submittals and review time to examine proposed plats and appraisals. At the end 1 of the process, just before closing, IDOT's Chief Legal Counsel in Springfield requires additional time to review all transaction documents and property histories. Unfortunately, IDOT has required an inordinate amount of time to perform their reviews. Most troubling, the Chief Legal Counsel reviews are taking substantially longer than usual. Reviews that traditionally took 2 weeks to complete in pre - pandemic times now take 8-10 weeks. Due to these delays, the project is now in jeopardy of missing its planned April 2022 bid letting and possibly might not begin construction until next year. As a means to avoid this circumstance, staff has proposed, and IDOT has verbally agreed, to allow the Village to purchase permanent right-of-way in its own name and transfer the property to the State of Illinois at a later date. By avoiding IDOT reviews, this process change will allow property to be acquired and keep the project on schedule for an April 2022 bid letting. Construction would likely commence this summer. Alternatives 1. Pass a resolution authorizing facilitating the procurement of permanent right- of-way necessary to construct the Rand/Central/Mount Prospect Road Intersection Improvements 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board pass a resolution authorizing the mayor to sign an intergovernmental agreement with the Illinois Department of Transportation that facilitates procurement of right-of-way necessary for the construction of the Rand/Central/Mount Prospect Road Intersection Improvements. ATTACHMENTS: Attachment A.IGA spreadsheet (004).pdf IGA.IDOT.Village_of_Mt_Prospect_Public_Works_IGA_with_IDOT_for_property_acquisition_ Resolution IDOT Rand central mt prospect rd.pdf Attachment A.IGA _ 1 exhibits.pdf 2 Rand -Central -Mount Prospect Intersection Improvements Village of Mount Prospect Right -of -Way & eirnpoirairy IE.aseime.r�a Acquisition Land acquisition to be obtained in the name of the Village and then transferred to IDOT ..f eir�ol�oirairy .................................................................................. Parcel # Address Right -of -Way Easement OII�I y000't 1 226 N. Louis (..y.i....I.e....fa..i.�..)... ✓ 511 005 1 .................................................................. 905 E. Rand (.e.e.m..m.e.r-.e..i.e.I..�.. ✓ ✓ 5111ai5555 1 940-950 E. Rand (..M..E....E.i..aze.)... ✓ ✓* 511�I0555 915 E. Rand (.C.e.n.t. ✓ ✓* 00t0 ..................................................................... 1020 E. Central(. -M. -aft -re -ss r..-rm. � ✓ 511155't't ....................................................................... 21 Rand(.W.,a..l.g.fe.e..ry..s..)... ✓ (511 1 05 2 ................................................................... 1201 E. Central (.7.....E..I.eve-r+ ✓ ✓ * = permanent ROW parcels listed above are being transferred to IDOT. Property where Temporary Easements are occurring will be retained by the Village. 3 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Illinois Department of Transportation on behalf of the State of Illinois ("IDOT") and the Village of Mount Prospect, an Illinois municipal corporation ("Village") (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 ILCS 220/1 et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, IDOT and the 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 Village seeks to acquire the property for rights-of-way needed for the construction of proposed improvements to the Rand Road/Central Road/Mount Prospect Road intersection (the "Project"); and WHEREAS, on August 17, 2021, the Village Board of Trustees approved a Local Public Agency Agreement with IDOT to acquire rights-of-way on State-owned roads on behalf of the State of Illinois; and WHEREAS, the Village has been awarded up to $720,000 in federal Congestion Mitigation/Air Quality grant funds to acquire property for the Project; and WHEREAS, the Village and IDOT agree the interests of the Parties will be best served if the Project maintains a schedule for a Spring 2022 bid letting and a Summer 2022 Project construction start; and WHEREAS, to facilitate the desired Project schedule, the Parties agree that the Village shall acquire properties for needed rights-of-way in its own name and subsequently transfer the properties to the State of Illinois within ninety (90) days after the acquisitions satisfy all applicable statutory provisions as well as State of Illinois policies and procedures. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Description of Project. The Village seeks to acquire the property for rights- of-way needed for the construction of proposed improvements to the Rand Road/Central Road/Mount Prospect Road intersection 4 Section 3. Responsibilities of the Parties. The VILLAGE has or will fulfill the following responsibilities: o Prepare and provide Plats of Highways, Appraisals, Specialty Reports and Review Appraisals using IDOT approved Consultants; o Obtain IDOT's approval for Plats, Appraisals, Specialty Reports and Review Appraisals prior to the start of negotiations for the acquisition of any ROW parcels for the Project; o Negotiate property acquisitions required for Project parcels, using negotiators from IDOT's approved list of negotiators. o Submit negotiator files to IDOT for review and certification; o Incur and pay all costs of Land Acquisition including, but not limited to, title work, plat preparation, appraisals, specialty reports, negotiations, land acquisition consultants' fees, attorneys' fees, court costs, all litigation costs, settlement costs, land value costs and all relocation costs. o Follow IDOT's land acquisition process as established in IDOT's "Land Acquisition Policies and Procedures Manual" implementing the Uniform Act, (49 CFR 24), State statutes and Federal and Illinois case law in carrying out its responsibilities as described above. o The Village shall acquire the property for the rights-of-way necessary for the Project in its own name using the federal grant funds it has been awarded. o The Village shall transfer to the State of Illinois by warranty deed the property adjacent to the State of Illinois roadway and denoted in Attachment A. Such transfer shall occur within 90 days of certification that the property acquisitions satisfy Title 11 and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable State of Illinois policies and procedures. IDOT will: o Certify the project. o Accept title to the properties donated by the Village. Section 4. MISCELLANEOUS: a) Time of Essence: Time is of the essence of this Agreement. b) Written Demands: All notices, demands, and requests required or permitted under this Agreement shall be in writing. c) Notices: All notices, demands, and requests required or permitted hereunder shall be deemed to have been properly made on the day of service, if served personally, and on the second day following mailing, if sent by United States certified mail, postage prepaid, return receipt requested, addressed as follows: If to the VILLAGE: VILLAGE of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 Attn: xxx x xx Fax: xxx-xxx-xxxx Email: xxx 5 If to IDOT: STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION 201 Center Court Schaumburg, Illinois 60196-1096 Attn: Bureau Chief, District 1 Land Acquisitions Fax No.: (847) 705-4218 Email: Omolara Johnson@Illinois.gov With a copy to: Illinois Department of Transportation 69 W. Randolph Street -Suite 2100 Chicago, IL 60602 Attn: Richard A. Kabaker, Esq. Deputy Chief Counsel Fax: 312-793-3933 Email: Rick.Kabaker@Iflinois.gov d) Ca tions: The captions used herein have been utilized for convenience only and are not intended to modify or limit in any way the provisions hereof. e) Prior Agreements: This Agreement shall supersede any and all prior agreements or letters of intent, whether written or oral, among the Parties hereto with regard to the subject matter of this agreement and may only be amended hereafter by a written instrument executed by each of the Parties or their authorized agents. 1} Counterparts: This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original and constitute one and the same agreement; executed copies of this Agreement received by any party hereto by facsimile transmission shall bind the party so submitting the same until the original executed copy is received by the recipients, whereupon the same shall be replaced by the original executed copy unless the same differs from that received by facsimile transmission. g) Ministerial Changes: Ministerial changes to this Agreement, which do not amend or modify the substance of the transactions contemplated herein, may be approved by authorized representatives of the Parties hereto. Said changes shall be fully binding upon and enforceable against the principals for whom said representatives so acted. h) Partial Invalidity: If any provision of this Agreement is deemed to be invalid, it shall not affect the remaining provisions of this Agreement, unless removal of such provision would materially disrupt the purpose or execution of this Agreement. i) Successors and Assigns: The terms and conditions herein contained shall inure to the benefit of and shall be binding upon the Parties and their respective successors and/or assigns, as the case may be. Notwithstanding anything to the contrary herein contained, it is understood and agreed by and among the Parties hereto that this Agreement shall not be assignable by any signatory hereto without the prior written consent of the other and any such assignment, without such prior written consent, shall be null and void and of no force and effect. 6 Section 5. PAYMENTS. All costs of the Project including, without limitation, appraisals, engineering, negotiations, acquisition costs, and legal fees, if any, shall be borne solely by the VILLAGE. To the extent that any costs related to the property acquisition are paid by IDOT, the VILLAGE shall promptly reimburse such costs within 30 days after being invoiced by IDOT. Section 6. REPRESENTATIONS. The parties represent and warrant to each other that, to the best knowledge and information of each of them, (a) the matters represented in this Agreement are true and correct and (b) the person(s) executing this Agreement on behalf of each party is duly authorized to do so. Execution by VILLAGE has been authorized pursuant to a duly adopted Board Resolution dated , a copy of which is attached hereto as Exhibit A. IN WITNESS WHEREOF, the Illinois Department of Transportation and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. VILLAGE OF MOUNT PROSPECT Paul Wm. Hoefert Mayor This day of 12022 ATTEST: Karen Agoranos Mount Prospect Village Clerk ILLINOIS DEPARTMENT OF TRANSPORTATION Jose Rios Region One Engineer This day of , 2022 ATTEST: 7 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) THAT FACILITATES PROCUREMENT OF RIGHT-OF-WAY NECESSARY FOR THE CONSTRUCTION OF THE RAND/CENTRAL/MOUNT PROSPECT ROAD INTERSECTION 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, S ILCS 220/1 etseq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the Village seeks to acquire the property for rights-of-way needed for the construction of proposed improvements to the Rand Road/Central Road/Mount Prospect Road intersection (the "Project"); and WHEREAS, on August 17, 2021, the Village Board of Trustees approved a Local Public Agency Agreement with IDOT to acquire rights-of-way on State-owned roads on behalf of the State of Illinois; and WHEREAS, the Village has been awarded up to $720,000 in federal Congestion Mitigation/Air Quality grant funds to acquire property for the Project; and WHEREAS, the Village and IDOT agree the interests of the Parties will be best served if the Project maintains a schedule for a Spring 2022 bid letting and a Summer 2022 Project construction start; and WHEREAS, to facilitate the desired Project schedule, the Parties agree that the Village shall acquire properties for needed rights-of-way in its own name and subsequently transfer the properties to the State of Illinois within ninety (90) days after the acquisitions satisfy all applicable statutory provisions as well as State of Illinois policies and procedures. 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 with the Illinois Department of Transportation that facilitates procurement of right-of-way necessary for the construction of the Rand/Central/Mount Prospect Road Intersection, 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. 0 Res IDOT Rand/Central/MtProspect Rd AYES: NAYS: ABSENT: PASSED and APPROVED this 15th day of March, 2022. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk l / ep n T, yo I%r ((II j%// r I� o N IJJUIII I IJf U11/1 ff SIR/, J;. / N r o m l CL A/ /J�/ ��g H / / (40 pa zz G, ~ g / p D 4 Im//t sm i� ri (ria'; G , 0 5 w 'r N WIrk /.' /j�/G/// /%%i /// B w ��! /i/� a "I ICI //ii/ o o E o f ii /1 �� LLJ li�� j LLJ ��M�11� p W j �(/ 01 \ 10 �l w %/ r' d rr9 ,; - d ^ t��11 ;, % O LYllr Oram ,,,, I I, a N 51 rj I I 0 a ~ j r /r / / ll qJ I // z 41 ;" „ „ r % a/, I I' r ; rr I �,i I J I 1111 ILII z a — — — — — — — — — — — — — — — — — /rr II j II r/ //��l �j��/� / Al,IIIIIryI�II,µ� ��1 /.,/fINJiii ' I 1 I r /a NO 20 En � f,r O I,I,,,, ON ONLY �� '1 � / I k it O S E Ee rr "'go o w O a W O SII >% W'I/n/// II% II II ?��LLJ W / I I��IuuII Il0 I F Fi: I I LLJ;/',� 0s I ry w LLJ J/1" r \ � gill, 14 f f I / J!, d /yi ll /I Av /i� /''I,;„ i�'1✓Irr!/i// p>J>'Ni9r� �l /✓lI�/�� IEd l% ,I z gy��1/ ¢ In f/�' IRAN, 0 ILLI W, A;I Q am 40 5 jwm /% ; al l II��II�I�III' ,.t lDO%ODJff qI�i v 'v / �/u / // % ✓� /iii ( I%//ii' IS / j %%ice///�/G% ' I I l I / \ / OQ. \ / / ?� Alli I I e Or / I 4111 N IF 0 k / 17