HomeMy WebLinkAbout9.1 MOTION TO FURTHER CONTINUE CONSIDERATION OF A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE NORTHWEST WATER COMMISSION AND THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY FOR THE CONSTRUCTION ANDMr�GauC �'d'+rt;�iect
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MOTION TO FURTHER CONTINUE CONSIDERATION OF
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER
TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH
THE NORTHWEST WATER COMMISSION
NORTHWEST SUBURBAN MUNICIPAL
WATER AGENCY FOR THE CONSTRUCTION AND
OPERATION OF
INTERCONNECTION UNTIL OCTOBER
BOARD AGENDA
Meeting
September
PROSPECT VILLAGE BOARD
Fiscal Impact
true
Dollar Amount $3,641,52.00
Budget Source American Rescue Plan Act of 2021
Category VILLAGEMANAGER'S REPORT
Type Action Item
This memorandum transmits an intergovernmental agreement (IGA) between the
Northwest Water Commission (NWC), the Northwest Suburban Municipal Joint Action Water
Agency (NSMJAWA), and the Village of Mount Prospect (the Village) regarding the
construction and operation of an emergency water system interconnection.
The proposed interconnection will be constructed on Elmhurst Avenue between Kensington
Road and Highland Street. A NWC transmission main in the Kensington Road right-of-way
will be tapped and connected to existing NSMJAWA transmission mains located in the
Elmhurst Avenue and Highland Street rights-of-way. Exhibit A presents this concept in
greater detail.
By operating valves installed along the interconnection piping, NWC can deliver up to 7
million gallons of water per day (MGD) to the Village and NSMJAWA can deliver a like
amount to NWC should the need arise. This rate of delivery will satisfy the Village's
maximum day requirements and provide approximately one-third of NWC's average daily
demand.
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Due to substantial differences in operating pressures, NWC cannot deliver water to the
NSMJAWA system. Therefore, NSMJAWA will not be participating in the cost of the
interconnection. Although they receive no benefit from the interconnection, they are party
to the agreement because they are allowing existing NSMJAWA infrastructure to be utilized
for the improvements and they have agreed to provide NWC with an emergency source of
water should their normal connection to the City of Evanston fail.
The distribution of costs is delineated in Exhibit E. The total estimated cost to construct the
interconnection is $6,205,250. This estimate includes construction engineering and a
contingency allowance. The Village will be responsible for $3,641,652 and NWC will be
responsible for $1,839,652. Both entities will share equally in the construction costs except
for the booster pumping station. The Village will be the sole payer for the booster pumping
station improvements because the increased pumping capacity is necessary to effectively
convey water throughout the Village -owned water distribution system. NWC realizes no
benefit from the pumping improvements.
Staff proposes to fund the Village's share of proposed improvements utilizing American
Rescue Plan Act of 2021 (ABPA) funds allocated for this purpose. Presently, $5.5 million of
ARPA grant proceeds have been escrowed to pay for this project.
The NSMJAWA Executive Committee, comprised of member village managers, has already
approved this IGA. The NSMJAWA Board of Directors, comprised of member mayors and
elected officials, considered and approved this agreement on August 24, 2022.
The NWC plans to discuss the IGA at the regularly scheduled September meeting of the
agency's Executive Board.
Attached please find a resolution that authorizes the Village Manager to sign the IGA on the
Village's behalf once it has reached final form and provided it substantially resembles the
transmitted document. Although staff from each participating agency have recommended
execution of the IGA in its current iteration, minor modifications to form and function are
anticipated since the document must be approved by governing boards of three (3) distinct
organizations. For this reason, staff recommends that the Village Manager be granted some
leeway to sanction minor changes as the document moves through the disparate approval
processes.
Once fully executed, staff anticipates that final design engineering will be completed this
fall, bids will be let in the winter, construction will start next spring, and final completion
expected in late summer 2023.
Alternatives
1. Approve a motion to further continue consideration of a resolution authorizing the
Village Manager to sign an intergovernmental agreement with the Northwest Water
Commission and the Northwest Suburban Municipal Joint Action Water Agency for the
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construction and operation of an emergency water system interconnection until the
October 4th agenda.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board approve a motion to further continue
consideration of a resolution authorizing the Village Manager to sign an intergovernmental
agreement with the Northwest Water Commission and the Northwest Suburban Municipal
Joint Action Water Agency for the construction and operation of emergency water system
interconnection until the October 4th Village Board agenda.
ATTACHMENTS:
NWC NWSMJAWA VOMP IGA FOR EMERGENCY WATER INTERCONNECTION DRAFT 8 08-
01-2022.pdf
Exhibit A - Process Flow Diagram. pdf
Exhibit B - Village System Map.pdf
Exhibit C - NWC Customers and Interconnects -Summary Figure.pdf
Exhibit D - Interconnection Ownership Diagram.pdf
Exhibit E - Allocation of Construction Costs.pdf
Resolution iga nwatercom mission and jawa.pdf
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into by and between
the Northwest Water Commission ("NWC"), the Northwest Suburban Municipal Joint Action Water Agency
("NSMJAWA) and the Village of Mount Prospect, an Illinois municipal corporation (the "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 seg.,
authorizes and encourages intergovernmental cooperation; and
WHEREAS, the NWC, NSMJAWA, and the Village are units of government, or instrumentalities
and/or agencies of local 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 operates a waterworks System to transport Lake Michigan water purchased
from the City of Evanston to the water systems of its members and customers; and
WHEREAS, NSNIJAWA operates a waterworks System to transport Lake Michigan water purchased
from the City of Chicago to the water systems of its members and customers; and
WHEREAS, the Village owns and operates a waterworks system that normally and customarily
receives its drinking water supply from NSNIJAWA; and
WHEREAS, the NWC and the Village jointly conducted engineering and feasibility studies regarding
an emergency water system interconnection by and between the NWC and the Village that could supply either
Party with water in an emergency situation; and
WHEREAS, the NWC, NSNIJAWA, and the Village collectively agree that the most effective and
beneficial emergency water system interconnection design utilizes existing NSMJA'WT A piping as depicted in
Exhibit A to transfer water between NWC and the Village; and
WHEREAS, the NWC and the Village entered into an intergovernmental agreement to prepare final
design engineering plans and specifications for construction of a `eater system interconnection by and between
the NWC and the Village utilizing existing NSMJAWA piping that could supply either the NWC or the Village
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with water in an emergency situation; and
WHEREAS, the NWC, NSNIJAWA, and the Village now believe it would benefit their mutual
interests to construct and operate an emergency water interconnection between NWC and the Village, using
existing NSMJAWA piping; and
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WHEREAS, the NWC, NSMJAWA, and the Village also find it is in their interests to enter into an
agreement setting forth their understanding for sharing the costs, expenses, and other obligations related to
the 'Work and to the operation of the emergency water system interconnection.
WHEREAS, by the execution of this agreement, the NWC, NSMJAWA, and the Village retain rights
to ownership and operation of their respective water system, except as expressly provided for, and only to the
limited extent so provided for in this Agreement;
NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth
in this Agreement, the NWC, NSMJAWA, and the Village hereto agree as follows:
Section 1. Incor2oration of Recitals. The above recitals are incorporated into this Agreement as if
fully set forth herein.
Section 2. Definitions. The following words and phrases shall have the following meanings when
used in this agreement:
A. "Agreement" means this emergency interconnection agreement.
B. "NWC Rate" means the applicable retail customer rate as established from time to time by
NWC. This is the rate paid by the Village of Mount Prospect to the NWC when the former receives water
through the emergency water system interconnection. The current rate is $1.99 per 1,000 gallons (May 2022),
subject to annual amendment by NWC based on a pro -rata increase of NWC's cost of water or reasonable
operation costs. Written notice of any annual amendment shall be provided to the Village along with all
documentation justifying the increase. This rate is based on a (1) capital charge based on current capacity
which is presently $0.69/1000 gallons; (2) operation and maintenance costs of the NWC based upon actual
usage which is presently $1.30/1000 gallons; and (3) cost charged by the City of Evanston, that are not included
in the operation and maintenance costs charged pursuant to item (2) above (collectively the "rate formula").
The adjustment to the rate will be examined by the NWC and subject to adjustment by the NWC pursuant to
the rate formula set forth Herein. The unit of measure for potable water delivered shall be gallons of water, U.S.
standard liquid measure, and all measuring devices shall be so calibrated unless the NWC and the Village agree
otherwise in writing. Should it become necessary or desirable to use other units of measure, the basis of
conversion shall be that 7.48 gallons is equivalent to one cubic foot.
C. "NSMJAWA Rate" means the applicable average monthly retail customer rate charged by
NSMJAWA. This is the average rate paid by NSMJAWA member communities during the time period the
NWC receives water through the emergency water system interconnection. The rate for May 2022 was $5.93
per 1,000 gallons.
D "Customer System" means the waterworks system that receives potable water from an
Emergency Supplier. For the purposes of this agreement, both NWC and the Village can act as customer
systems. That is, both systems can receive water through the emergency water system interconnection. The
Village's customer system is described in Exhibit B. The NWC's customer system is described in Exhibit C.
NSMJAWA is not considered a customer system.
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E. "Connection Facilities" means those portions of the customer system between the point of
delivery and influent side of the customer's existing waterworks, which facilities are depicted as Exhibit D to
this Agreement. Upon completion of the emergency water system interconnection improvements, NWC will
own and maintain its customer connection facilities and the Village will own and maintain its customer
connection facilities.
F. "Emergency Use of Water". Upon completion of the emergency water system interconnection
improvements, NWC and the Village shall be authorized to utilize the emergency water system
interconnection improvements to supplement their respective potable water supply during emergency use of
water events by drawing upon the potable w ater supply made available to each via the emergency water system
interconnection improvements and subject to the terms set forth herein.
Specifically, the NWC can receive emergency service from NSMJAWA via the emergency water service
interconnection improvements. The Village can also receive emergency service from NWC via the emergency
`eater service interconnection improvements. For the purposes of this agreement, NSMJAWA is not an
intended recipient of emergency service
For the purposes of this agreement, an "Emergency Use of Water" event shall be defined as a temporary period
of time, not to exceed 30 days, during which either the NWC or the Village anticipates not being able to meet
operating needs without the use of such emergency interconnect.
G. "Emergency Service" means all water supplied to a customer system, either NWC or the
Village, pursuant to this Agreement.
H. "Emergency Water System Interconnection Improvements" includes the connection facilities
owned and maintained by NWC, the connection facilities owned and maintained by the Village, and the
connection facilities jointly owned by both the NWC and the Village. It also includes all of the tasks delineated
in Section 3 (scope of the work).
L "Emergency Water system Interconnection Improvements Cost" means (a) the full actual cost
incurred by the all reasonable legal, engineering, consulting and administrative fees, costs and expenses
associated therewith, and the full actual cost incurred in connection with the final design, bidding,
contracting, managing and actual construction of the emergency water system interconnection
improvements, including without limitation equipment required for the operation of the reasonable
administrative, supervisory, inspection, engineering, surveying and legal fees, costs and expenses associated
therewith; (b) the acquisition of lands, easements and rights of way over lands and waters necessary for the
Interconnection Facilities, and all reasonable administrative, title, surveying and legal fees, costs and expenses
associated therewith; and (c) mutually agreed reasonable costs for the review and processing of plans and
agreements for the emergency water system interconnection improvements, including without limitation all
legal, engineering, consulting and administrative fees, costs and expenses associated therewith.
"Lake Water" means potable, filtered water drawn from Lake Michigan.
K. Point of Delivery" means the point at which the lake water delivered to customer pursuant
to this Agreement enters the customer connection facilities. The point of delivery shall be at a point 10
feet south of the outside wall of the vault containing the water meter.
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L. "Source or Emergency Supplier" means the party that is supplying water to customer
water systems pursuant to the terms of this agreement. If NSMJAWA is supplying
water to NWC via the emergency water system interconnection improvements, then
NSMJAWA is the source. If NWC is supplying water to the Village via the emergency
water system interconnection improvements, then NWC is the source.
M. "Source Contract" can refer to either the water supply contract, dated March 4, 1981,
between the NWC and the City of Evanston, as amended or supplemented from time
to time if NWC is the source. It can also refer to the water supply contract between
NSMJAWA and the City of Chicago as amended or supplemented from time to time
if NSMJAWA is the source
N. Unit of Measurement. The unit of measurement for lake water delivered hereunder
shall be gallons of water, U.S. standard liquid measure, and all measuring devices shall
be so calibrated unless the NWC, NSMJAWA, and the Village otherwise agree.
Section 3. Scope of the Work. The Parties agree that the general purpose of the Work shall
be to construct and make operational an emergency water system interconnection between the NWC
and the Village that uses existing NSMJAWA infrastructure. The Work will be constructed in a manner
that generally complies with the water system interconnection concept depicted in the Process Flow
Diagram enclosed as Exhibit A. Specific tasks for the Work shall include:
A. Preparation of bid documents necessary to secure competitive public bids for the
construction of the emergency water system interconnection.
B. Bid evaluations and award recommendation.
C. Acquisition of requisite permanent or temporary property.
D. Obtain requisite permits and/or regulatory agency authorizations.
E. Construction engineering and inspection.
F. Project management.
G. Construction of the Work.
H. Public relations and public information including press releases, project website
development, social media, and public meetings.
I. Commissioning, operation, maintenance of emergency water system interconnection.
Section 4. Measuring Equipment.
A. Flow Meter. As part and parcel of the emergency water system interconnection
improvements, a bi-directional water meter shall be furnished and installed at the meter vault prior to
the commencement of any flow through the improvements. The flow meter shall meet the standards
of the American Waterworks Association for measuring properly the quantity of lake water delivered
under this agreement. NWC, NSMJAWA, and the Village shall have access to the flow meter for
examination, inspection, calibration, and adjustment at reasonable times, but the reading for billing
purposes shall be collected by the Village and sent to NWC and NSMJAWA, as appropriate, each
month. The Village shall keep an official record of the readings taken from the flow meter; a copy of
which record shall be provided to NWC or NSMJAWA upon request.
At least once in each calendar year, the Village shall test and calibrate the flow meter measuring the
lake water delivered to the Village system as well as the quantity of lake water delivered to NWC by
NSMJAWA. NWC and NSMJAWA, if they choose, along with the Village, shall jointly observe any
adjustments that are made to the flow meter in case any adjustments shall be necessary.
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If any backflow prevention devices have been installed, then such backflow prevention devises shall
be tested at least every 12 months by the Village in the presence of a representative of either NWC or
NSMJAWA representatives, if they choose, and the Village will make any repairs and replacements
of the backflow prevention devises in case any adjustments shall be necessary. The Village will submit
all backflow test results to NWC and NSMJAWA as appropriate. NWC and the Village shall share
equally in the cost of testing, calibration, repairs, maintenance, and of meters.
B. Meter Malfunctions. If the NWC, NSNfJAWA, or the Village, at any time observe
evidence of flow meter malfunction, such party shall promptly notify the other parties, and all parties,
collectively, shall then cooperate to procure an immediate calibration test and such adjustment,
replacement or other work necessary to return the flow meter to accuracy. The party who discovers
such variation or malfunction shall give the other parties notice not less than 48 hours prior to the
time of any test of any meter (which tests shall be conducted during normal working hours) so that
the other parties may conveniently have a representative present. If such representative is not present
after the required notification at the time set in such notice, calibration and adjustment may proceed
in the absence of said representative notwithstanding any other provision of this subsection.
If the percentage of inaccuracy of the flow meter is found to be in excess of two percent,
registration thereof shall be corrected by agreement of NWC, NSMJAWA, and the Village,
collectively, and based upon the best data available, for a period extending back to the time when
such inaccuracy began if such time is ascertainable, or for a period extending back one-half of the
time elapsed since the last date of calibration (but in no event further back than a period of six months)
if such time is not ascertainable. If for any reason the flow meter is out of service or out of repair so
that the amount of lake water delivered cannot be ascertained or computed from the reading thereof,
then the lake water delivered during the period the flow meter is out of service or out of repair shall
be estimated:
1. By correcting the error if the percentage* of the error is ascertainable by calibration tests
or mathematical calculations; or
2. If the error is not ascertainable by calibration tests or mathematical calculation, by
estimating the quantity of delivery by considering the quantity consumed by the
receiving party's own customers as measured by the meters located on their
premises as well as level changes in the receiving party's water storage facilities.
Section 5. Sharing of the costs, fees, and expenses of the Work. The NWC and the Village
will each pay one half of the actual costs, fees, and expenses for the emergency water system
interconnection costs (the Work). Estimates of these expenditures are set forth in the Engineer's
Opinion of Probable Construction Cost prepared by Burns & McDonnell consulting engineers and
enclosed as Exhibit E. 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. Furthermore, all
Parties agree that NSMJAWA is a party to this Agreement, but shall not be responsible for the cost,
fees, and expenses of the Work. NWC and the Village further agree to hold NSMJAWA harmless
from any and all claims for personal injury or property damage arising out of or related to the Work,
including any damage to the NSMJAWA system.
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Section 6. Operation of the Interconnection Facilities.
A. Connection of the Emergencv Water System Interconnection Improvements. Flows of
emergency service from NSMJAWA to NWC shall be delivered through pressure
reducing valve(s) at pressure and flow rates mutually agreed upon by NWC and
NSMJAWA. Flows of emergency service from NWC to the Village shall be provided
with air gap protection or backflow prevention. The supplier shall not be responsible
for any damage to the customer's waterworks system caused by the design, operation,
or maintenance of the customer's waterworks system. The customer shall be solely
responsible for delivering potable water to its customers at pressures required or
necessary to make such delivery.
B. Conditions. The emergency water system interconnection improvements shall be utilized
as specified in this agreement unless otherwise approved, in writing, by the supplier(s),
pursuant to the sequence of operations set forth herein.
C. Notice of Emergency Use of Water Event. Customer shall give telephonic notice to the
supplier of the need to declare an emergency use of water event, the expected duration
of emergency use of water event and the amount of lake water needed during the
emergency use of water event prior to the operation of the emergency water system
interconnection improvements. The emergency water system interconnection
improvements shall not be operated unless and until customer shall have given said notice
to the supplier. Supplier may discontinue or limit emergency service pursuant to Section
6 E below.
D. Notices During Emergency Use of Water Event. Customer shall provide daily
telephonic notice to the supplier for so long as emergency service continues during an
emergency use of water event and shall provide telephonic notice to the supplier before
final shut-off of emergency service for each such emergency use of water event.
E. Record of Use During Emergency Use of Water Event. The supplier shall create a
record of each occurrence of emergency service, a copy of which shall be provided to
customer upon request and along with the invoice for the occurrence of emergency
service. The customer will collect and report the meter reading daily to the supplier when
emergency service continues for more than two consecutive days.
F. Limited Emergence Supph1. The supplier shall use its best efforts to supply customer
with lake water. Customer acknowledges that the supplier may have other emergency
service customers. There shall be no liability to the supplier should they be unable to
supply water to a customer during a water emergency or at any other time.
G. Manner of Operation and Maintenance. The emergency water system interconnection
improvements shall be operated and maintained by customer in such a manner as at no
time to place or threaten to place supplier or waterworks system in jeopardy of failing to
meet the regulations of any agency or governmental authority having jurisdiction over
the operation of a public water supply. In addition, the emergency water system
interconnection improvements shall be operated and maintained in such a manner as at
no time to place or threaten to place the supplier, or the customer, in jeopardy of failing
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to meet the terms of their respective source contracts.
H. Operation of Emergency Water System Interconnection Improvements. The emergency
water system interconnection improvements shall be placed into operation on a routine
basis to maintain the integrity of the improvements. All parties reserve the right to
suspend or terminate any service in the event it determines there is a pressure or water
quality threat to waterworks system. All parties shall be notified at least one week prior
to any planned non -emergency use.
I. Duration of Emergency Service; Limits on Emergency Conditions. Emergency service
for each such qualified emergency use of water event shall be provided by the supplier
for only so long as the qualified emergency use of water event exists, and the supplier is
able to meet those needs, but in no event longer than 30 days for each such qualifying
emergency use of water event, except as otherwise allowed by this agreement or agreed
by the parties. Provided, however, the flow rate from N`B'C to the Village shall not exceed
7.0 MGD and the flow rate from NSMJAWA to NWC shall not exceed 7.0 MGD.
If the customer's failure or refusal to maintain the customer system as required by
subsection 6F of this agreement results in repeated or excessive emergency service, as
determined by the supplier in its reasonable discretion, the supplier may, (i) upon 60
days written notice, reduce or discontinue delivery of lake water to customer until the
customer system is repaired or (ii) terminate this agreement on 90 days advance written
notice to customer unless the parties agree in writing to an alternative remediation plan.
In the event a customer has repeated or excessive emergency service hereunder, as
determined by the supplier in its reasonable discretion, the supplier shall have the
right to demand customer submit and follow, a reasonable written remediation plan.
Failure to follow the remediation plan may result in termination of this agreement on
60 days advance written notice to customer.
Upon delivery, of any such notice of termination, all amounts to be paid by customer
to the supplier under this agreement, shall be immediately due and payable to the
supplier.
The supplier may, in its discretion, provide emergency service beyond the limitations set forth
in this subsection.
Section 7. Special Conditions and Covenants.
A. Construction of Interconnection Facilities. All parties will make a diligent effort to have
the emergency water system interconnection improvements completed by the dates
specified in Section 3 of this Agreement, but none of the parties do, in any way, hereby
guaranty completion by such times.
B. Lake Water Only. Except with the prior approval of customer, the supplier shall not
deliver any water to the customer system other than lake water.
C. Title to Lake Water. Title to all lake water supplied hereunder shall remain with the
supplier to the point of delivery and thereupon shall pass to customer.
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D. Water Oualit�T. The Supplier shall, to the extent reasonably practicable, provide the
emergency water o f a quality commensurate to that furnished to its non -emergency
customers. The supplier bears no responsibility for the contamination of lake water or
deterioration of water quality occurring beyond the point of delivery, to customer.
Customer shall be responsible for water treatment after the point of delivery.
E. Maintenance and Operation of Customer System. Customer shall operate their water
system and the emergency water system interconnection improvements to meet
regulatory requirements. Customer shall be responsible for the continuity, care,
conservation, preservation, operation and maintenance of their internal water system
and the emergency `eater system interconnection improvements. Customer shall
perform such maintenance, repair, preservation, and replacement of any and all parts or
portions thereof necessary to restore or preserve the emergency water system
interconnection improvements to deliver water and function reliably as originally
designed. The supplier and customer shall notify- each other of known issues that are
likely to impact service under this agreement.
Customer shall own and maintain their internal water system and the emergency water
system interconnection improvement, in good repair and working order. In the event of
any deterioration, injury, damage or other loss to the customer's internal water system or
the emergency water system interconnection, repairs shall commence promptly. The
supplier shall have the right to terminate service at any time and for any reason. In the
event of a discontinuance, the supplier shall use best efforts to provide the customer with
24 hours' notice in advance of the discontinuance.
F. Maintenance and Operation of Supplier Connection Facilities. NWC shall at its sole
cost and expense maintain its supplier connection facilities and the emergency water
system interconnection improvements in accordance with the same conditions as in
paragraph E above. In addition, and if applicable, the backflow preventer shall be
inspected once a year by a certified cross connection control device inspector. A copy
of the inspection report shall be delivered to NSMJAWA within thirty (30) days of the
inspection.
The Village shall at its sole cost and expense maintain its supplier connection facilities
and the emergency water system interconnection improvements in accordance with the
same conditions as in paragraph E above. In addition, and if applicable, the backflow
preventer shall be inspected once a year by a certified cross connection control device
inspector. A copy of the inspection report shall be delivered to NWC within thirty (30)
days of the inspection.
G. Access. In the event that either party fails to maintain any of the interconnection
facilities pursuant to the terms of this Section 7, then in addition to any and all other
remedies pursuant to this Agreement each party- shall be provided reasonable access to
the other's interconnection facilities in order to perform said maintenance at the cost
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of the non -maintaining party.
Section 8. Insurance. 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. NSMJAWA
shall be listed as additional insured on the insurance policies. The NWC and the Village will
provide Certificates of Insurance to all parties, if requested. Once the Work, i.e., the
construction is completed, this Insurance requirement terminates.
Section 9. Release. NWC hereby releases the Village and all of their elected and
appointed officials, officers, employees, agents, representatives, engineers and attorneys, from:
(i) any liabilities for any loss or damage to property or any injury to, or death of, any person that
may be occasioned by or related to any cause whatsoever pertaining to the construction,
maintenance, use or operation of the customer system or the emergency water system
interconnection improvements; or (ii) any liabilities, losses or damages, or claims therefor,
arising out of the failure, or claimed failure, of customer to comply with its covenants or
obligations contained in this agreement; or (iii) any liabilities, losses or damages, or claims
therefor, arising out of the delay, or claimed delay, in the commencement of, or the failure to
provide, emergency service to customer in the event of an emergency condition, including, in each
such case, attorneys' fees and administrative expenses, except in each case to the extent caused
by supplier's negligence.
NWC agrees to indemnify and hold the Village harmless to the fullest extent permitted
by law from any losses, costs, charges, expenses (including attorneys' fees and administrative
expenses), judgments and liabilities incurred by the Village in connection with any action, suit or
proceeding instituted or threatened by any third party in connection with this agreement or the
matters mentioned in this Subsection 6H, except in each case to the extent caused by the
Village's negligence. If any such claim is asserted, the Village shall give prompt notice to NWC,
and NWC, if requested by the Village, shall assume the defense thereof, it being understood,
however, that NWC shall not settle or consent to the settlement of any such claim without the
written consent of the Village. Nothing contained in this agreement shall constitute a waiver by
the Village of any right, privilege or defense available to the Village under statutory or common
law, including, but not limited to, the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended.
Likewise, the Village hereby releases the NWC from, agree that same shall not
be liable or responsible for, and agrees to indemnify and Bold the same, and all of its elected and
appointed officials, officers, employees, agents, representatives, engineers and attorneys,
harmless from: (i) any liabilities for any loss or damage to property, or any injury to, or death of,
any person that may be occasioned by or related to any cause whatsoever pertaining to the
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construction, maintenance, use or operation of the customer system or the emergency water
system interconnection improvements; or (ii) any liabilities, losses or damages, or claims
therefor, arising out of the failure, or claimed failure, of customer to comply with its covenants
or obligations contained in this agreement; or (iii) any liabilities, losses or damages, or claims
therefor, arising out of the delay, or claimed delay, in the commencement of, or the failure to
provide, emergency service to customer in the event of an emergency condition, including, in each
such case, attorneys' fees and administrative expenses, except in each case to the extent caused
by supplier's negligence.
The Village agrees to indemnify and hold the NWC harmless to the fullest extent
permitted by law from any losses, costs, charges, expenses (including attorneys' fees and
administrative expenses), judgments and liabilities incurred by NWC in connection with any
action, suit or proceeding instituted or threatened by any third party in connection with this
agreement or the matters mentioned in this Subsection 6H, except in each case to the extent
caused by NWC's negligence. If any such claim is asserted, the NWC shall give prompt notice
to the Village, and the Village, if requested by NWC, shall assume the defense thereof, it being
understood, however, that the Village shall not settle or consent to the settlement of any such
claim without the written consent of NWC. Nothing contained in this agreement shall constitute
a waiver by NWC of any right, privilege or defense available to NWC under statutory, or common
law, including, but not limited to, the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended.
Section 10. Prices and Terms of Pa3Lment.
A. Cost of Water Supplied. When the Village receives emergency service from NWC, the
Village shall pay to NWC, at the time specified in Subsection 7B below, for the cost
of lake water supplied at a water rate stated as dollars or cents per 1,000 gallons that is
equal to the NWC Rate per 1,000 Gallons.
When NWC receives emergency service from NSNIJAW'A, NWC shall pay to
NSNIJAW'A, at the time specified in Subsection 7B below, for the cost of lake water
supplied at a water rate stated as dollars or cents per 1,000 gallons that is equal to the
NSNIJAW'A Rate per 1,000 Gallons then in effect at the time of delivery.
B. Bills and Due Date. The supplier shall notify customer of the total amount due from
customer under this agreement for each month on or before the 20th day of the
following month. Payment shall be due within 30 days after the date of notification.
C. Disputed Payments. If customer desires to dispute any payment, or part thereof, due or
claimed to be due under this agreement, customer shall nevertheless pay the full amount
of any such payment when due and include with such payment written notification to
the supplier that charges are disputed, the grounds for dispute and the amount in
dispute. No adjustment or relief on account of any disputed charges shall be made unless
disputed charges are the subject of such notice within the time herein specified, or
within a reasonable period from the time customer knew or should have known of the
facts giving rise to the dispute. It is expressly understood and agreed that no dispute
over payments due or claimed to be due under this agreement shall be referred to
Page 10 of 15
i K3
arbitration f or review or settlement. Upon receipt of a notification of dispute,
representatives of the supplier shall meet promptly with representatives of customer to
resolve such dispute. If the supplier and customer determine that all or a portion of the
disputed payment should be refunded to customer, then such sum shall be refunded.
D. Interest on Overdue Payments. If customer shall fail to make any payment required
under this agreement on or before its due date, customer shall be in default, and interest
on the amount of such payment shall accrue at 6% annual interest. If a customer is more
than 60 days delinquent, the supplier may reduce or discontinue delivery of lake water
to the customer system upon 10 days advance written notice until the amount due,
including interest, is paid in full.
If the supplier reduces or discontinues the delivery of lake water under such
circumstances, customer shall nevertheless continue to be liable to pay all charges
provided for herein. The rights specified in this agreement shall be in addition to all
other rights and remedies available to the supplier under this agreement, at law, or in
equity for breach of any of the provisions of this agreement.
Section 11. Assignability
A. No party to this agreement shall assign or transfer this agreement or any rights or
interests herein without the advance written consent of all of the other parties to this
agreement, except as provided in section B. below.
B. The right to receive all payments that are required to be made by customer to the
supplier in accordance with the provisions of this agreement may be assigned by the
supplier to any trustee as provided in any bond ordinance to secure the payment of the
principal of and the premium, if any, and interest on the bonds as those amounts come
due, subject to the application of those payments as may be provided in any bond
ordinance. Customer, upon notice of assignment to any such trustee, shall make all
payments directly to such trustee. Further, the rights of the supplier to enforce the
provisions of this agreement may be assigned to any such trustee and, in such
event, such trustee shall have the right to enforce this agreement at law or in equity
with or without the further consent or participation of the supplier. The supplier also
may retain the right to enforce this agreement.
Section 12. Regulatory Bodies
A. All parties to this agreement seek to exercise and maintain all sovereign rights
granted to it under and through the Constitution' and laws of the State of Illinois.
This agreement shall be subject to all valid rules, regulations and laws applicable
hereto passed or promulgated by the United States of America, the State of Illinois,
any governmental body or agency having lawful jurisdiction, and any authorized
representative or agent of any of them; provided, however, that this clause shall not
be construed as waiving the right of any party to challenge the validity of such rule,
regulation or law on any basis, including the impairment of this agreement.
Section 13. General Provisions.
Page 11 of 15
14
A. 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 the NWC, NSMJAWA, 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.
B. Modification of the Agreement. This Agreement shall not be modified, altered, or
amended in any way except in writing agreed upon by the NWC, NSMJAWA, and the
Village.
C. Notices. All written notices made pursuant to this Agreement shall be directed to the
specified individuals at the addresses set forth below by any of the following means:
personal service, overnight courier or first class mail, postage pre -paid.
D. No Waiver of Immunity. Nothing contained in this Agreement shall constitute a waiver
by the any party of any right, privilege or defense available to the any party under
statutory or common law, including, but not limited to, the Illinois Local Governmental
and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as
amended.
TO THE NORTHWEST WATER COMMISSION:
Executive Director
Northwest Water Commission
1525 North Wolf Road, Des Plaines, Illinois
TO THE VILLAGE OF MOUNT PROSPECT:
Village Manager
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 6005
TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY:
Executive Director
Northwest Suburban Municipal Joint Action Water Agency
901 Wellington Avenue, Elk Grove Village, Illinois 60007
Section 14. Effective Date, Term, and Termination.
A. Effective Date. This Agreement shall be effective upon authorization and execution by
all parties hereto.
B. Term. After taking effect, this agreement shall continue in force and effect for a term
of twenty (20) years, plus two (2) 10 -year extensions unless extended upon prior written
approval of all parties. Each supplier has the right to terminate this agreement upon
Page 12 of 15
15
one-year written notice to the customer. If a supplier is not reasonably able to provide
said one-year written notice, supplier shall give written notice as soon as reasonably
possible.
C. Termination. This agreement may be sooner terminated by any party, in its reasonable
discretion, (i) at any time when the terms, conditions and limitations of this agreement
are not satisfied and one or more of the other parties fail to cure such breach within
ninety (90) days after a written notice, or (ii) as otherwise provided in this agreement.
In the event of any such termination, all parties shall have the right, but not the obligation,
to disconnect at the disconnecting party's sole cost and expense from the
emergency water system interconnection improvements. All payment obligations and all
representations, warranties, releases, and indemnities shall survive any such termination.
The rights specified in this agreement shall be in addition to all other rights or remedies
available under this agreement, at law or in equity for breach of any provision of this
agreement.
Section 15. Exhibits Incorporated.
A. Exhibits A, B, C. D and E to this agreement are hereby fully incorporated into this
agreement as substantive provisions of this agreement.
Section 16. Entire Agreement.
A. This Agreement constitutes the entire agreement between the NWC, NSMJAWA, 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.
Page 13 of 15
i [
IN WITNESS WHEREOF, the Northwest Water Commission, the Northwest Suburban
Municipal joint Action Water Agency, 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 NORTHWEST WATER COMMISSION
Mayor
Executive Director
This day of 12022 Thisdayof )2022
ATTEST:
Mount Prospect Village Clerk
ATTEST:
NORTHWEST SUBURBAN JOINT ACTION WATER AGENCY
Executive Director
This—dav of , 2022
ATTEST:
Ilds dnfi (//6) hxfwu bcc� �u �v6knvcd ot apj"�-ovcd by d'lc go\'crfiuIig-),)arids, ofdw \X'a�cr
Suburh"u'l- 'VhPjlicip"11 joiryt 1fic6ma or flle hospcd
T 1wtH-orc, it ryla\- be stibcc�o d-)(' Is 'app rc.� cd �md
Page 14 of 15
17
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Page 15 of 15
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3 -Sun -22
Village of Mount Prospect & Northwest Water Commission
Emergency Water System Interconnection
Engineer's Opinion of Probable Construction Costs
31 Pre Engineered Pum. Station 100% Lnm Sum 1 $1,700,000 51,700,000
32 150% Equal Share of All Othcr Constntction Costs L—P Sum 1 $1,735.521 51,735,521
villug,o Mourifl'ros ecr sub-ywal, I I I I 53,435,521
33 1 Conlinacncv 6% LLImP Sum I 1 1 $206,131.00 1 $206,131.00
TotalVillage Costs; $3.641,652
IF,
4 50% E ual Share of Construction Costs Other than Pre -Engineered Pum Station ILSum 1 $1,735.521 51,735.521
35 Contin e 6% Lump Sum 1 $206,131.00 $104,131.26
'Dotal N WC Costs: $1,839,652
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN AN
INTERGOVERNMENTAL AGREEMENT WITH THE
NORTHWEST WATER COMMISSION AND THE NORTHWEST SUBURBAN MUNICIPAL
JOINT ACTION WATER AGENCY FOR THE CONSTRUCTION AND OPERATION OF AN
EMERGENCY WATER SYSTEM INTERCONNECTION
WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Northwest Water Commission (NWC), Northwest Suburban Municipal Joint
Action Water Agency (NSMJAWA), and the Village are units of government, or
instrumentalities and/or agencies of local 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 operates a waterworks System to transport Lake Michigan water
purchased from the City of Evanston to the water systems of its members and customers;
and
WHEREAS, NSMJAWA operates a waterworks System to transport Lake Michigan water
purchased from the City of Chicago to the water systems of its members and customers; and
WHEREAS, the Village owns and operates a waterworks system that normally and
customarily receives its drinking water supply from NSMJAWA; and
WHEREAS, the NWC and the Village jointly conducted engineering and feasibility studies
regarding an emergency water system interconnection by and between the NWC and the
Village that could supply either Party with water in an emergency situation; and
WHEREAS, the NWC, NSMJAWA, and the Village collectively agree that the most effective
and beneficial emergency water system interconnection design utilizes existing NSMJAWA
piping as depicted in Exhibit A to transfer water between NWC and the Village; and
WHEREAS, the NWC and the Village entered into an intergovernmental agreement to prepare
final design engineering plans and specifications for construction of a water system
interconnection by and between the NWC and the Village utilizing existing NSMJAWA piping
that could supply either the NWC or the Village with water in an emergency situation; and
WHEREAS, the NWC, NSMJAWA, and the Village find it is in their interests to enter into an
agreement setting forth their understanding for sharing the costs, expenses, and other
obligations related to the Work and to the operation of the emergency water system
interconnection.
NOW THEREFORE BE IT ORDAINED/ RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect
to enter into an Intergovernmental Agreement with the Northwest Water Commission and the
Northwest Suburban Municipal Joint Action Water Agency for the construction and operation of
an emergency water system interconnection attached hereto and made part of this Resolution
as Exhibit A.
Res NWC/NSMJAWA/VOMP Pg lof 2
24
SECTION TWO: That the Village Manager is authorized to sign the agreement and the Village
Clerk to attest.
SECTION THREE: 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 6t" day of September 2022.
Paul Wm. Hoefert Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
Res NWC/NSMJAWA/VOMP Pg 2 of 2
25