HomeMy WebLinkAboutRESOLUTION - 29-20 - 4/14/2020 - Agreement-Des Plaines and Elk Grove Village Emergency Water Main Interconnection Old Higgins RoadRESOLUTION NO.29-20
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES
AND THE VILLAGE OF ELK GROVE VILLAGE FOR EMERGENCY WATER MAIN
INTERCONNECTION ALONG OLD HIGGINS ROAD (SECTION 15-34117-01-RP)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document marked:
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF DES PLAINES
AND
THE VILLAGE OF ELK GROVE VILLAGE
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is
authorized to attest said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage and
approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 141h day of April 2020.
APPROVED this 141h day of April 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
K-?)4; -x�
INTERGOVERNMENTAL AGREEMENT
CITY OF DES PLAINES TOUHY AVENUE
Elmhurst Road to Mount Prospect Road
Section: 15-34117-01-RP
VILLAGE OF ELK GROVE VILLAGE Federal Project No. 6CYP(041)
This Intergovernmental Agreement (the "Agreement") is made and entered into by and between
the City of Des Plaines, a municipal corporation of the State of Illinois (the "City"), and the Village of Elk
Grove Village, a municipal corporation of the State of Illinois (the "Village"). The City and the Village are
sometimes individually referred to as "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the Constitution of the State of Illinois (the "State"), 1970, 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, the City and the Village 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, the Illinois Department of Transportation (State) has jurisdictional authority over Touhy Avenue
(IL 72) and Old Higgins Road; and
WHEREAS, the City and the Village own facilities within State right-of-way, said facilities were installed by
permit and subject to the terms and conditions of the State permit for occupation within said right-of-way; and
WHEREAS, the City has requested the installation of an Emergency Water Main Interconnect
("Interconnect") between the City water system and Village water system located along Old Higgins Road;
and
WHEREAS, the City and the Village, by this instrument, desire to memorialize their respective obligations
and responsibilities toward engineering, construction and funding of the Interconnect as well as future
maintenance responsibilities of the completed Interconnect; and
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. TERM AND TERMINATION
2.1 This Agreement between the City and the Village shall not become effective unless authorized by
authorized representatives of the City and Village. This Agreement is a legal, valid and binding
agreement, enforceable against the City and the Village, once duly authorized and executed by the
respective municipal governing councils. This Agreement shall not terminate upon completion of
construction of the Interconnect. As such, the Parties hereto agree that the provisions of Subsection
5.8 Post -Construction Maintenance herein shall survive completion of installation of the Interconnect.
2.2 It is agreed that the City and Village shall subsequently cooperate and agree on an operating protocol
for: (i) opening the interconnect to allow water to flow into either the City water system or the Village
water system; (ii) utilizing the City's water meter to measure water delivered by one Party to the other
Party through the Interconnect; (iii) mutual rights to inspect and verify that both Parties are keeping
and maintaining their parts of the Interconnect in good repair and operable condition; (iv) rates to be
charged for water delivered by either Party to the other through the Interconnect; and (v) such other
terms and conditions as may be necessary or appropriate to operating, maintaining, repairing or
replacing the Interconnect and related facilities.
SECTION 3. PROJECT FUNDS
3.1 County's Share of the Interconnect. The Cook County Department of Transportation and Highways
(the County) shall finance the entire cost of the Interconnect as described in separate agreement(s).
3.2 City's Share of the Interconnect. The City shall incur no cost for the work described above as
described in a separate agreement.
3.3 Village's Share of the Interconnect. The Village shall incur no cost for the work described above as
described in a separate agreement.
SECTION 4. COUNTY'S RESPONSIBILITIES (hereto included for reference and outlined in separate
Agreements)
4.1 The County shall advertise and receive bids, let, award, and cause the Interconnect to be built in
accordance with the approved Interconnect construction plans, specifications and construction
contract.
4.1.1 The County shall incorporate work as requested by the City into the Interconnect design plans
and specifications using City standards; and, said design plans shall be approved by both the
City and the Village.
4.1.2 The County shall be responsible for ensuring that all permits necessary for the Interconnect
are secured, including regulatory permits.
4.1.3 The County shall design and install the new Emergency Water Main Interconnect at locations
requested by the City consisting of a water service connection to the Elk Grove Village water
main, east of Carmen Drive along Old Higgins Road, including vault, meter and valve. Said
service will connect the Elk Grove water system to the City of Des Plaines water system along
Old Higgins Road.
4.2 Village and City Infrastructure.
4.2.1 Any and all Village infrastructure improvements on State routes are subject to approval by the
State.
4.3 The County shall allow the City and the Village to observe all construction of City and Village
infrastructure installed as part of the Project, address concerns expressed by the City and the Village
regarding said construction, and allow the City and the Village to participate in the Final Inspection
of said City and Village infrastructure.
SECTION 5. CITY'S OBLIGATIONS
5.1 Time of the Essence. The obligations of the City as set forth in this Section 5 shall be performed in a
timely manner such that it will not result in a delay of the Interconnect timetable as determined by the
County.
5.2 City Plans and Specifications. The City shall supply standard details and specifications for the City
Work (water main, water meter vault) to be included in the Interconnect design plans.
5.3 City Cost Responsibility. The City will bear no cost responsibility for the design, permitting,
construction and pressure testing of the proposed Emergency Water Main Interconnect.
5.4 Public Notification of Interconnect. The City will post County notifications of the Interconnect scope,
timing and duration through its municipal newsletter, website, etc.
5.5 Coordination with the County. The City shall have the opportunity to review and approve contractor
submittals prior to installation of City Work items. The City shall have the opportunity to be involved
in construction of the Interconnect, shall assign a representative to coordinate and monitor the City
Work under construction, and bring to the attention of the County's Resident Engineer any matters of
concern with respect to same.
5.6 Additional Work. In the event that the City requests additional work or changes in the Interconnect
scope including changes resulting from unforeseen circumstances, a written request shall be submitted
to the County. Any such request shall be subject to County review and approval prior to incorporation
into the Interconnect.
5.7 Final Inspection. The Parties shall be present and participate in the Final Inspection, and the scheduling
of such Final Inspection shall be solely at the discretion of the County. The Village shall not cause a
condition that would unreasonably delay the Final Inspection. The Village shall submit final punch
list items within seven (7) days prior to the Final Inspection date as determined by the County.
5.8 Post -Construction Maintenance. The meter, valve and water line installed as part of this connection
will be owned and maintained by the City and used only as an emergency water supply by the City in
the event that their main water supply to City properties, west of EOWA (I-490), is interrupted. Terms
of water service use and costs to be defiled between the City and the Village. City maintenance costs
to be defined per this Agreement. The Interconnect will be part of the City water system up to and
including the valve vault and valve (the "Demarcation Point"). See Exhibit A.
5.9 Indemnification. By execution of this Agreement, the City agrees to defend, indemnify and hold
harmless the County and its commissioners, officials, employees, agents and representatives, and their
respective heirs, successors and assigns, from and against any and all costs, expenses, attorney's fees,.
losses, damages and liabilities incurred or suffered directly or indirectly from or attributable to claims
arising out of the maintenance of the water main installed as part of this Interconnect.
SECTION 6. VILLAGE'S OBLIGATIONS
6.1 Time of the Essence. The obligations of the Village as set forth in this Section 5 shall be performed
in a timely manner such that it will not result in a delay of the Interconnect timetable as determined
by the County.
6.2 Village Plans and Specifications. The Village shall supply standard details and specifications for the
Village Work (water main, water main connection) to be included in the Interconnect design plans.
6.3 Village Cost Responsibility. The Village will bear no cost responsibility for the design, pennitting,
construction and pressure testing of the proposed Emergency Water Main Interconnect.
6.4 Public Notification of Interconnect. The Village will post County notifications of the Interconnect
scope, timing and duration through its municipal newsletter, website, etc.
6.5 Coordination with the County. The Village shall have the opportunity to review and approve
contractor submittals prior to installation of Village Work items. The Village shall have the
opportunity to be involved in construction of the Interconnect, shall assign a representative to
coordinate and monitor the Village Work under construction, and bring to the attention of the County's
Resident Engineer any matters of concern with respect to same.
6.6 Additional Work. In the event that the Village requests additional work or changes in the Interconnect
scope including changes resulting from unforeseen circumstances, a written request shall be submitted
to the County. Any such request shall be subject to County review and approval prior to incorporation
into the Interconnect.
6.7 Final Inspection. The Parties shall be present and participate in the Final Inspection, and the scheduling
of such Final Inspection shall be solely at the discretion of the County. The Village shall not cause a
condition that would unreasonably delay the Final Inspection. The Village shall submit final punch
list items within seven (7) days prior to the Final Inspection date as determined by the County.
6.8 Post -Construction Maintenance. The Interconnect will be part of the City water system up to and
including the valve vault and valve (the "Demarcation Point"). See Exhibit A. The Village will own
and maintain any main and any connection to the existing Village water distribution system beyond
the "Demarcation Point".
6.9 Indemnification. By execution of this Agreement, the Village agrees to defend, indemnify and hold
harmless the County and its commissioners, officials, employees, agents and representatives, and their
respective heirs, successors and assigns, from and against any and all costs, expenses, attorney's fees,
losses, damages and liabilities incurred or suffered directly or indirectly from or attributable to claims
arising out of the maintenance of the water main installed as part of this Interconnect.
SECTION 7. GENERAL PROVISIONS
7.1 Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of
the State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or
proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County
and each Party hereby irrevocably consents to the personal and subject matter jurisdiction of such
court and waives any claim that such court does not constitute a convenient and appropriate venue for
such claims, suits, actions, or proceedings.
7.2 Default. The City shall be in default hereunder in the event of a material breach by the City of any
term or condition of this Agreement including, but not limited to, a representation or warranty, where
the City has failed to cure such breach within thirty (30) days after written notice of breach is given to
City by the Village, setting forth the nature of such breach. Failure of Village to give written notice
of breach to the City shall not be deemed to be a waiver of the Village's right to assert such breach at
a later time. Upon default by the City, the Village shall be entitled to exercise all available remedies
at law and in equity, including but not limited to termination of this Agreement upon thirty (30) days'
notice to the City.
The Village shall be in default hereunder in the event of a material breach by the Village of any term
or condition of this Agreement including, but not limited to, a representation or warranty, where the
Village has failed to cure such breach within thirty (30) days after written notice of breach is given to
the Village by the City, setting forth the nature of such breach. Failure of the City to give written
notice of breach to the Village shall not be deemed to be a waiver of the City's right to assert such
breach at a later time. Upon default by the Village, the City shall be entitled to exercise all available
remedies at law and in equity, including but not limited to termination of this Agreement upon thirty
(30) days' notice to the Village.
7.3 Modification. This Agreement may not be altered, modified or amended except by a written instrument
signed by both Parties. Provided, however, the Parties agree that provisions required to be inserted in
this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted
whether or not they appear in this Agreement and that in no event will the failure to insert such
provisions prevent the enforcement of this Agreement.
7.4 Binding Successors. The City and the Village agree that their respective successors and assigns shall
be bound by the terms of this Agreement.
7.5 Force Majeure. Neither the City nor the Village shall be liable for failing to fulfill any obligation under
this Agreement to the extent any such failure is caused by any event beyond such Parry's control and
which event is not caused by such Party's fault or negligence. Such events shall include but not be
limited to acts of God, acts of war, fires, lightning, floods, epidemics or riots.
7.6 Notices. Unless otherwise specified, any notice, demand or request required under this Agreement
must be given in writing at the addresses set forth below by any of the following means: personal
service, overnight courier or first class mail.
TO THE CITY:
Mr. Jon Duddles
Assistant Director of Public Works and Engineering
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
847-391-6127
TO ELK GROVE VILLAGE:
Raymond R. Rummel
Village Manager
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
847-439-3900
7.7 Section Headings. The descriptive headings of various sections of this Agreement are for convenience
only and shall not control or affect the meaning or construction of any of the provisions hereof.
7.8 Entire Agreement. This Agreement constitutes the entire agreement between the City and the
Village, merges all discussion between them and supersedes and replaces any and every other
prior or contemporaneous agreement, negotiation, understanding, commitments and writing with
respect to such subject matter hereof.
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an
original and all of which shall be deemed one and the same instrument.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
IN WITNESS WHEREOF, the County and the Village have caused this Agreement to be executed by their
respective officials on the dates as shown.
CITY:
Mayor , T Y 3 eM
This /3 u'day of A.D. 20192.i
A#'ESTAZ6' 4
City Clerk . k
(SEAL)
EXECUTED BY
VILLAGE OF ELK GROVE VILLAGE:
Craig B. Johnson
Mayor
This _ day of A.D. 2019.
ATTEST:
Village Clerk
(SEAL)
O O to
\2\ \ wezTalO i/� PR RENT
BLE•667.3
E% EGV 12" NY
IB21M5.5/9TI,i�,RT 1 4— 6
IB21M5.9/M.4 RI
PROVIDE COXNEET30N 4 \
TO 0IY' EGV NY
1BANOON NY TO EAST �♦ �_� —
Ae2Tt29.6/SA.1
AYia666 i
4B2THB.3/54.0 RT
Pfl METEfl PIT Q
RIM•666.2 EX FFH
aeztKt.O�/SIr Nv 4e27+90.1
RIRT
M=666.] •S. �.. FX 12" wV
AMERICAN EEx °.EA..E ... IL G°°NTr NIGNwAY:
�¢AGo, a FIsuI TEAR:
_ :',�,.'.'• SL'RVEVI\(:dh EN(;e NEERINV, P.C. M< N_ i0wN5NIP
ry EIx RovE IowwswP scciloN:
>>sY
c\ /110 LT
45• BEND
`•
F.
O
OLD RICCINS RDAD v
\ 139J FEE
- 45• BEND V)
�\
\�CDA SELUiITY FENCE_
0 20 40 60
SCALE ,N FEET LOCATION MAP
DATE TDUHY AVENUE - ELMHURST RE) TD MT PROSPECT RD
COUNTY OF COOK ° "°'E WM-015
oRAwN: CITY OF DES PLANES - PROPOSED WATER PLAN
DEPARTMENT OF TRANSPORTATION AND IIIOI iWAYS a6cxEO: OLD INS ROAD iDi AL sNEFTs sNEET No.
DALE: _— - 7 1 0 IzaT 6]z
------ ---- '---- s��``
-_—�� -Ex m��~
cooNrrwn«onK
PRO OSED WATE MAIN
EXHIBIT
O O rn
o�
O�
c�0
cep L 10 Vim-
V(ZI-
M
N
N
f` 1` CO
�
cp
Cp CO cp
Cp
Cp Cp Cp �D
Cp
CO CO
CO
C0
q
N
W
69'999
Y
_
® 9 ® ® O
o
a
-
-
-
b5'OL9
0
0
>
y
g
s
S£'119
i
of am
-
a Z
o
Z;
O
+
mQ joz N.
-
L9'i19
H
Oa<
s
o
d=
,
U
0£'219
a
IN
+
�
o
- _
SL'2L9
13
W
O
-
i
-ice
�a ao
-
wzx
�wN
--b2'419
�
wow mono
m ¢ -
zb2'419
Jzm
aka
o
,,
a
i
i
i
_
-
x
w ia�
0
z3o
9Z'FL9
Y
22'FL9 m
, � mom
,o
£9'219
19,219
xZ
�
Q
F:
G
3
m
F
z
O�
85'OL9
x
,
i
i
z
ii
J
'
£5699
4
90'699
�
b2'699
-
WQ-
19'199ol
-
o
U
61999
�U_
F+1ag
^- v
01'999
�
O
O O�
o
O1
oD
4i �O
1.0
C0
cO w ao �1'
•t-
C0
Q
PI)
C0 1.0
N
CO
N
CO
Sb'S99 0
.
CO
Co
140
CO (O
�.
W m� i
�0�a