HomeMy WebLinkAboutIntergovernmental Agreement with Wilmette for Isabella Street Improvement ProjectINTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF WILMETTE
AND THE CITY OF EVANSTON FOR THE
ISABELLA STREET RELIEF SEWER PROJECT
THIS AGREEMENT, is entered into as of the latest date following the signatures
hereon, by and between the VILLAGE OF WILMETTE, an Illinois municipal corporation and
home rule unit as described in the Illinois Constitution (hereinafter "Wilmette"), and the CITY
OF EVANSTON, an Illinois municipal corporation and home rule unit as described in the
Illinois Constitution (hereinafter "Evanston"), collectively referred to as the "Parties".
WITNESSETH
WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970,
and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may
contract or otherwise associate among themselves, or transfer any power or function, in any
manner not prohibited by law or ordinance; and
WHEREAS, the Parties are "public agencies" within the meaning ol` the lllinois
Intergovernmental Cooperation Act; and
WHEREAS, the Parties have the power and authority to enter into this Agreement
pursuant to, but without limitation, the home rule powers under Section 6, Article VII of the
1970 Constitution of the State of Illinois; and
WHEREAS, Wilmette and Evanston desire to improve a portion of Isabella Sweet;
and
WHEREAS, the aforementioned portion of Isabella Street is partially in Wilmette and
partially in Evanston; and
WHEREAS, the proposed improvements to Isabella Street, from Ewing Avenue/14th
Street to the western end of Isabella Street, include roadway resurfacing, partial curb and gutter
replacement, repairs to the combination sewer system, and construction of a new relief sewer
("Proposed Improvements"); and
WHEREAS, the Parties wish to associate, cooperate, and enter into an
intergovernmental agreement to define each Party's rights and responsibilities in regards to the
Proposed Improvements; and
WHEREAS, this agreement shall be executed in addition and shall have no eflect
upon any other mutual aid agreements or other agreements between the parties; and
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual
covenants and undertakings hereinafter set forth, the receipt and sufficiency of which are hereby
acknowledged, it is agreed between the Parties hereto, as follows:
A. The foregoing recitals are incorporated herein as if fully set forth hereby.
B. The Wilmette Village Manager, or his designee, shall administer this Agreement on
behalf of Wilmette. The Evanston City Manager, or his designee, shall administer this
agreement on behalf of Evanston.
C. The Parties agree that the Proposed Improvements to Isabella Street range from Ewing
Avenue and 14th Street to the western end of Isabella Street as shown on Exhibit I .
D. Wilmette agrees to act as the lead agency in constructing the Proposed Improvements
described herein and shall provide design and construction engineering services for said
improvements.
E. Evanston shall convey to Wilmette a 2,700 foot by 33 foot temporary construction
easement for purposes of constructing a new relief sewer, as more fully described in
Exhibit 2. The Grant of Temporary Construction Easement is attached hereto as F,xhibit
2.
F. Evanston shall convey to Wilmette a 1,625 foot by 6 foot permanent easement for the
installation of 24-inch thru 48-inch relief sewers and for the purpose of maintaining the
combination relief sewer systems ("Permanent Easement"), as more fully described in
Exhibit 3, The Permanent Easement is attached hereto as Exhibit 3.
G. Wilmette agrees to connect the drainage structures along the Permanent Easement located
in the City limits of Evanston ("Drainage Structures") into the combination relief sewer
systems.
H. The parties acknowledge that the total estimated cost for the Proposed Improvements is
$1,100,000 (One Million One Hundred Thousand and no/100 Dollars). The parties agree
that the total cost breakdown between the municipalities is as follows: Wilmette agrees to
pay a total of $900,000 (Nine Hundred Thousand and no/100 Dollars) and Evanston
agrees to pay a total of $200,000 (Two Hundred Thousand and no/100 Dollars).
Wilmette shall pay 100% of the actual costs of relief sewer work within the
Village limits of Wilmette. Wilmette acknowledges that the estimated cost for
this work is $700,000 (Seven Hundred Thousand and no/100 Dollars). "Relief
Sewer Work" shall be defined as all work necessary to complete the installation
of the relief sewer pipe, manholes and drainage structure connections.
2. Evanston shall pay 100% of the actual costs of Relief Sewer Work to connect
drainage structures within the City limits of Evanston. Evanston acknowledges
that the estimated cost of this work is $35,000 (Thirty -Five 'I110usand <�nd no/ 100
Dollars).
3. Evanston and Wilmette will split the actual costs of roadway resurfacing. The
parties acknowledge and agree that the total estimated cost for this work is
$150,000 (One Hundred Fifty Thousand and no/100 Dollars), which would
require Wilmette to pay $75,000 (Seventy -Five Thousand and no/100 Dollars)
and Evanston to pay $75,000 (Seventy -Five Thousand and no/100 Dollars).
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4. Wilmette shall pay 100% of the actual costs of partial curb and gutter replacement
and all other infrastructure improvements within the Village limits of Wilmette.
Wilmette acknowledges that the estimated cost for this work within the Village
limits of Wilmette is $125,000 (One Hundred Twenty -Five Thousand and no/100
Dollars).
5. Evanston shall pay 100% of the actual costs of partial curb and gutter replacement
and all other infrastructure improvements within the Cite limits of I %zinston.
Evanston acknowledges that the estimated cost of this work within the City limits
of Evanston is $90,000 (Ninety Thousand and no/ 100 Dollars).
I. The Parties agree that should the total cost of the Proposed Improvements exceed the
estimated cost of such improvements, Evanston and Wilmette shall each be fully
responsible for paying the additional costs in the same proportions as detailed in
subparagraphs H(1), H(2), H(3), H(4) and H(5) of this Agreement.
J. Wilmette shall not, without the additional written consent of Evanston, award a contract
exceeding the total estimated cost of $1,100,000 (One Million One Hundred Thousand
and no/100 Dollars) for the Proposed Improvements, or award a contract to any bidder
other than the lowest responsive and responsible bidder.
K. The bidding and letting of contract(s) for the work to be performed hereunder, as well as
Village of Wilmette engineering services, shall be done in accordance with Wilmette
ordinances, practices, and procedures, the 2012 Illinois Department of "transportation
("IDOT") Standard Specifications for Road and Bridges, and Supplemental
Specifications and Recurring Special Provisions and IDOT Procedures. In the event of a
conflict, the aforementioned Specifications for Roads and Bridges shall control.
L. Bid specifications issued by Wilmette pursuant to this Agreement shall be subject to
approval by Evanston and shall:
1. Require that the contractor provide Evanston with a certificate of insurance
naming Evanston as an additional insured and an agreement to indemnify and
hold harmless Evanston from all claims arising out of the contractors
performance, on the same terms and conditions as those provided to Wilmctte;
and
2. Provide that Evanston is intended to be a third -party beneficiary of the contract,
and that any terms establishing rights and authority in Wilmette shall also be
deemed to extend to Evanston.
M. Evanston, upon written request from Wilmette, shall promptly transfer to Wilmette
sufficient funds to meet the portion of each request for payment submitted by the
contractor that is attributable to Evanston pursuant to this Agreement, and shall do so in a
timely manner so as to allow Wilmette to meet its payment obligations pursuant to its
contract with said contractor without default. Evanston shall be solely responsible for
any and all penalties incurred by Wilmette as a result of E,vanston's failure to promptly
transfer sufficient funds to Wilmette.
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N. The parties agree to cooperate fully, to execute any and all supplementary documents.
and to take all additional actions which are consistent with and which may be necessary
or appropriate to give full force and effect to the basic terms and intent of this Agreement
and to preserve and assert any claims that the Parties, individually or jointly, may have
against a contractor performing work that is subject to the terms of this Agreement.
O. Evanston shall defend, protect, indemnify, save, and forever hold harmless Wilmette
and/or each of its officers, officials, employees, agents, and/or representatives from and
against any and all liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses, including but not limited to court costs, litigation expenses, insurance
deductibles, and attorneys' fees and expenses, which Wilmette and/or its officers,
officials, employees, agents, and/or representatives may incur, suffer, or sustain, or for
which Wilmette and/or its officers, officials, employees, agents, and/or representatives
may become obligated by reasons of any accident, injury to, or death of any persons, or
loss of, or damage to, any property, or civil and/or constitutional infringement of' civil
rights or liberties (specifically including violations of any and all federal civil rights
statutes, regulations, and constitutional provisions) that occur within the City limits of
Evanston arising directly or indirectly from, in connection with, under, or as a result of
this Agreement, or the acts or omissions of Evanston, its officials, employees or agents
without regard to where such acts or omissions occur. This indemnity shall not apply to
work performed and construction materials purchased related to the Relief Sewer Work
and the connection of the Drainage Structures, as contemplated in this Agreement, by
persons or firms who are not Evanston employees, agents or contractors. Wilmette
acknowledges that the agents and/or contractors for the Relief' Sewer Work that are
contracted with by Wilmette pursuant to this Agreement are not considered agents or
contractors of Evanston.
P. Wilmette shall defend, protect, indemnify, save, and forever hold harmless Evanston
and/or each of its officers, officials, employees, agents, and/or representatives from and
against any and all liabilities, obligations, claims, damages, penalties, causes of action.
costs and expenses, including but not limited to court costs, litigation expenses, insurance
deductibles, and attorneys' fees and expenses, which Evanston and/or its officers,
officials, employees, agents, and/or representatives may incur, suffer, or sustain, or for
which Evanston and/or its officers, officials, employees, agents, and/or representatives
may become obligated by reasons of any accident, injury to, or death of any persons. or
loss of, or damage to, any property, or civil and/or constitutional infringement of' civil
rights or liberties (specifically including violations of any and all federal civil rights
statutes, regulations, and constitutional provisions) that occur within the Village limits of
Wilmette arising directly or indirectly from, in connection with, under, or as a result of
this Agreement, or related to the Relief Sewer Work and the connection of the Drainage
Structures that occur within the City limits of Evanston, as contemplated in this
Agreement, by persons or firms who are not Evanston employees, agents or contractors.
Q. In the event of any substantive breach of the terms and conditions of this Agreement. the
aggrieved party shall notify the party alleged to be in breach of the nature of the breach.
The party alleged to be in breach shall have five (5) days to cure the breach; if the nature
of the breach is such that a cure cannot reasonably be effected within five (5) days, the
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party alleged to be in breach shall not be held in default so long as it commences a cure in
the five (5) day period and diligently pursues completion thereof. Upon default of this
Agreement, the non -defaulting party shall have all legal and equitable remedies arising
from the breach.
R. All notices required to be given hereunder shall be in writing and shall be properly served
on the date delivered by courier or on the date deposited, postage prepaid, with the U. S.
Postal Service for delivery via certified mail, return receipt requested, addressed:
If to Evanston:
Wally Bobkiewicz
City Manager
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
If to Wilmette:
Timothy Frenzer
Village Manager
Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
Suzette Robinson
Director of Public Works
City of Evanston
2100 Ridge Avenue
Evanston, TL 60201
Brigitte Mayerhofer
Director of Engineering
Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
Grant Farrar
Corporation Counsel
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Michael F. Zimmermann
Corporation Counsel
Tressler LLP
233 S Wacker Dr., 22"' Floor
Chicago, IL 60606
S. This Agreement shall be binding to the Parties and their respective successors, including
successors in office.
T. This Agreement is governed by and shall be construed in accordance with the laws of the
State of Illinois.
U. No amendment, waiver, or modification of any tern or condition of this Agreement shall
be binding or effective for any purpose unless expressed in writing and adopted by each
of the Parties as required by law.
V. This Agreement expresses the complete and final understanding of the Parties with
respect to the subject matter as of the date of its execution. The Parties acknowledge that
no representations have been made which have not been set forth herein.
W. In the event that any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
X. This Agreement may not be assigned by either Party without the prior written :oment of
the other Party, which consent will be granted or denied at the Party's sole discretion.
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Y. This Agreement is for the benefit of the Parties and no other person is intended to or shall
have any rights, interest or claims under this Agreement or be entitled to any benefits
under or on account of this Agreement as a third party beneficiary or otherwise.
Z. The undersigned represent that they have the authority of their respective gm erring
authorities to execute this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by the Mayor of the Village of Wilmette and the Mayor of the City of Evanston. Their
signatures are attested to by the respective clerks of these municipalities, and their respective
corporate seals have been hereunto affixed on the day and year written below.
VILLAGE OF WILMETTE:
By:
`ViTage Man
Date:
CITY OF EVANSTON:
By: �1
City Mana = r
Date: Oc'�v h e r- & Z 0a,
wd a3 to form:
Grant Farrar
'"Orporation Counsel
Attest:
Village Clerk
M
[Seal]
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