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HomeMy WebLinkAboutRESOLUTION - 43-00 - 10/24/2000 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 43-00 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE FOREST PRESERVE DISTRICT OF COOK COUNTY (I-290 BICYCLE OVERPASS AND BIKE TRAIL/BUSSE WOODS) NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CONSTRUCTION AND FUTURE REPAIR OF A BICYCLE TRAIL AND INTERSTATE 290 OVERPASS AT BUSSE WOODS FOREST PRESERVE, ELK GROVE VILLAGE, ILLINOIS 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 documents upon the signature of the Village President. 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 PASSED this 24th day of APPROVED this 24th day of ATTEST: Ann I. Walsh Village Clerk ResIntergovAgrmtCCbike.doc ABSENT: 0 October October Craig B. Johnson Mayor 2000. 2000. INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CONSTRUCTION AND FUTURE REPAIR OF A BICYCLE TRAIL AND INTERSTATE 290 OVERPASS AT BUSSE WOODS FOREST PRESERVE, ELK GROVE VILLAGE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the Cook County Forest Preserve District (the "District"), an Illinois Special District, as a "Licensor" and Elk Grove Village (the "Village"), an Illinois Municipality, as a "Licensee." Each of the foregoing are hereinafter collectively referred to as "the Parties." WITNESSETH: WHEREAS, Article VII Section 10 of the Constitution of the State of Illinois authorizes and encourages units of local government to contract or otherwise associate among themselves and with the State to obtain or share services and to exercise, combine, or transfer any power or function; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes and encourages cooperative agreements between units of Illinois' state and local government; and WHEREAS, the Parties have determined that it is in their best interests to construct a Bicycle Trail from Rohlwing Road to Biesner Road with a connecting Overpass over Interstate 290 (For further details, see Exhibit A); and WHEREAS, this Bicycle Trail and Overpass will be built on District property, in the Busse Woods Forest Preserve, Elk Grove Village, Cook County, IL; and WHEREAS, the Bicycle Trail will cross Interstate 290 via an Overpass and continue on and connect to an existing Busse Woods trail; and WHEREAS, the proposed Bicycle Trail length is 3,320 feet in length (0.62 miles) within District property and 310 feet in length (0.06 miles) crossing Interstate 290; WHEREAS, the Village has submitted plans and specifications for the proposed Bicycle Trail and Overpass to the District for its review and approval; and WHEREAS, the District's Department of Planning and Development has reviewed and approved those plans and specifications; and WHEREAS, the Village will undertake the responsibility and expense for the construction and future repair of said Bicycle Trail and Overpass; and WHEREAS, the Illinois State Statute, 70 ILCS 810/8 and Section 2-3-1 of the District's Code authorizes the District to grant licenses for the construction, use and maintenance of structures on its property, as well as for public works and further provides that any structure erected on District property shall immediately become the property of the District; and WHEREAS, the purpose of this Intergovernmental Agreement is limited to the construction and future repair of said Bicycle Trail and Overpass; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth herein, and in the spirit of intergovernmental cooperation, the Parties agree as follows: Incorporation of Preambles. The preambles set forth above are incorporated herein and made a part hereof. 2. Lead Party. Each Party designates the Village as the Lead Party for the construction of said Bicycle Trail and Overpass. In its capacity as the Lead Party, the Village shall be responsible for procuring and coordinating all aspects of the construction of the Bicycle Trail and Overpass. 3. License. This Agreement shall constitute a License for the Village to construct, install, repair, replace, remove and use (collectively, "construct and repair") said Bicycle Trail and Overpass perpetually (the "Terrri'). a. Ingress and Egress. Village, and its employees, contractors, suppliers, servicemen and invitees are further granted the right of ingress and egress to the section of Busse Woods where the construction of said Bicycle Trail and Overpass will take place for the purpose of said construction. b. Hours of Operation: Village is permitted to exercise its rights under this Agreement regarding construction and repair from dusk till dawn Notwithstanding the foregoing, if Village desires access to Busse Woods after public hours of operation, except in cases of emergency, Village will make reasonable efforts to notify the District's night watchman located at Busse Woods prior to entry, or as soon as practicable thereafter. 4. Construction and Repair Costs. The cost to construct and keep said Bicycle Trail and Overpass in good repair during the Term shall be borne solely by the Village. 5. Village's Contractual Rights. a. (1) The Village shall have the right to perform work on or to retain contractors to perform work on said Bicycle Trail and Overpass as necessary for the development and repair of said Bicycle Trail and Overpass pursuant to this Agreement. (2) The Village shall submit to the District a detailed construction schedule. The Village shall continue to consult with the District regarding construction and operational schedules to minimize any interference with the District's scheduled activities. b. The Village shall not occupy or use the Bicycle Trail or Overpass for any purpose, act or event that is in violation of any public law, ordinance or governmental regulation. The Village shall not do or permit anything to be done upon the Bicycle Trail or Overpass that creates a nuisance in any way. All laws, codes and ordinances enacted by the District shall apply and must be followed by the Village 2 and its Contractors. 6. Construction Agreement. The Village has entered into a Contract for the construction of said Bicycle Trail and Overpass. Pursuant to its role as the lead Party, the Village shall do the following: a. Monitor the performance of construction work and serve as a liaison between the respective Parties and the construction company. With the cooperation of the District, the Village shall supply its contractor with the information and documents the contractor needs for the construction of said Bicycle Trail and Overpass; and b. Execute, including payment of invoices for work completed, all of the Village's obligations under the contract with the construction company, unless the Village is excused fromperformance thereunder due to breach by the Contractor; and C. Assist each Party with documentation reasonably necessary for informational or financial purposes regarding the construction of said Bicycle Trail and Overpass. d. Before construction or repair commences, the District shall be furnished with a copy of all contracts related to the construction or repair of said Bicycle Trail and Overpass. The District shall have the right to monitor construction and repair of said Bicycle Trail and Overpass and insist that said Bicycle Trail and Overpass are constructed according to Plan as well as within proper time periods. 7. Use of said Bicycle Trail and Overpass. The Parties agree that said Bicycle Trail and Overpass will be available for the use and benefit of the general public subject to the rules and guidelines of the District relating to trail usage. 8. Necessary Permits. The Village shall prior to construction obtain the required permits, for said Bicycle Trail and Overpass, from appropriate federal, state or local governmental agencies. As the owner of the real estate, the District agrees to fully cooperate with the Village and its representatives in its applications for appropriate permits.. 9. Electricity. If needed, the District hereby grants the Village the right to have electricity installed to serve the Village's construction of said Bicycle Trail and Overpass. The District agrees to cooperate with the Village by granting approvals, licenses or permits reasonably necessary to obtain electricity service. Provided, however, that the required installation must meet the District's normal guidelines. The Village shall pay the cost of the installation, maintenance and operation of the utility. The Village shall arrange for electricity bills to be billed directly to the Village. 10. Repairs. During the Term and any extension thereof, the Village shall keep said Bicycle Trail and Overpass in good repair at its own cost and expense. The Village shall be responsible for any and all repairs necessary to maintain the safety of said Bicycle Trail and Overpass, including, re -paving, repairs, filling of cracks and the repair of any structural problems. Upon failure of the Village to properly keep said Bicycle Trail and Overpass in good repair, upon due notice, the District shall have the right to cause the same to be done, and it is understood and agreed that the Village shall reimburse the District for cost or expense of such repair. 11. Ownership of Bicycle Trail and Overpass. a. The Village and the District agree that said Bicycle Trail and Overpass, once installed, shall become the property of the District. District signage shall be placed on the property and District rules and regulations shall govern the use of said Bicycle Trail and Overpass. b. All Parties agree that said Bicycle Trail and Overpass are for the use of the general public and shall be used in accordance with the rules and regulations of the District. c. Notwithstanding the District's ownership of said Bicycle Trail and Overpass, the Village shall remain responsible for keeping said Bicycle Trail and Overpass in good repair as set forth in this Agreement, and the indemnification set forth in this Agreement shall remain in full force and effect. 12. No Estate in Land. This Agreement creates a license only to construct and repair said Trail and Overpass. The Village does not hold and shall not claim at any time any interest or estate of any kind or extent whatsoever in the District property by virtue of this License. 13. Public Convenience and Safety. The Village and/or Contractor shall at all times conduct the construction or repair in such manner as to cause the least inconvenience and greatest protection to the general public. The Village and/or Contractor shall furnish and maintain barricades, temporary fencing and warning signs as may be necessary to protect the construction or repair and safeguard the public. 14. Construction Operations. All construction operations, including vehicle movements and material storage, shall take place within the width required for construction. If temporary fencing is required all operations shall take place within said fenced area. All surplus excavated material, trees or stumps removed, and any other debris resulting from construction shall be disposed of off of District property at Village expense. All property disturbed as the result of construction that is not utilized as part of the trail shall be restored to its pre -construction condition at the Village's expense. 15. Temporary Fencing. All temporary fencing required shall be installed prior ro the commencement of any construction operations. All fencing shall be maintained in place throughout construction and shall be repaired as needed by the Village or its independent contractor. All fencing is to remain in place until after the project has been completed. After acceptance of restoration by the District all temporary fencing shall be removed from the site and disposed of off District property at the sole expense of Village or its independent contractor. 16. Restoration after Construction. All areas disturbed by construction operations shall be top -dressed after final settlement with topsoil to a depth of six (6) inches, cultivated, fine graded, seeded and mulched as directed by the District. The Village shall furnish approved topsoil to insure a six (6) inch coverage over the area disturbed by construction The seeding and mulching are in the following proportions and amounts. Seedine: Seed mixture shall be furnished by the Contractor as follows: Androgopogan scoparius Little Blue Stem 5 lbs. Per acre Boateloua curtipendula Side Oats Grama 5 lbs. Per acre (Not available) Annual Rye 15 lbs. Per acre (Not available) Seed Oats 32 lbs. Per acre Phleumpratensis Timothy 3 lbs per acre Seeding shall take place only before May 15 and between August 1 and October 15' except when authorized otherwise by the District in writing. Deliver seed tags to the Real Estate and License Engineer at the District General Headquarters in River Forest, Illinois. Mulching: Mulching shall consist of small grain straw, free of noxious weed seed, placed at the rate of two (2) tons per acre. Mulch shall be anchored with an anchoring tool that has serrated discs that punch the mulch into the ground to a depth of approximately two (2) inches. If the contractor so desires, a hydromulch will be allowed. 17. Landscape Contractor. The Village or its independent contractor shall retain a Landscape Contractor, approved by the District, to perform tree planting, all fine grading, seeding work, and mulching as required in provision 16 of this Agreement. The work shall be done under the supervision of the District in the proper season for such work is. Indemnification and Waiver of Claims. To the extent permitted by law, the Village shall protect, indemnify, defend and save harmless the District, its Commissioners, officers, agents, servants and employees from and against any and all liabilities, losses, damages, costs, expenses, attorney fees, causes of actions, suits, claims, damages or judgments of arry nature whatsoever arising from the Village's construction of the Bicycle Trail or Overpass. To the extent permitted by law, the Village shall protect, indemnify, defend and save harmless the District, its Commissioners, officers, agents, servants and employees from and against any and all liabilities, losses, damages, costs, expenses, attorney fees, causes of actions, suits, claims, damages or judgments of any nature whatsoever arising from the Village's repair of the Bicycle Trail or Overpass. To the extent permitted by law, the Village hereby waives all claims for recovery from the District, its Commissioners, officers, agents, servants and employees for any loss or damage to any of its personal property arising from this Agreement. 19. Insurance and Casualty. The Village or Contractor shall maintain the following insurance coverage relating to the construction and repair of said Trial and Overpass: a. Worker's Compensation and Occupation Disease Insurance, in accordance with the laws of the State of Illinois, or any other applicable jurisdiction, covering all employees who are to provide a service under this Agreement. Employer's liability coverage with limits of not less than$500,000.00 for bodily injury by each accident, $500,000.00 bodily injury by disease each employee, $500,000.00 bodily injury by disease policy limit, or such lesser amount as may satisfy carriers of Village's umbrella liability coverage. b. Commercial General Liability, Insurance (Primary and Umbrella): Commercial General Liability Insurance or equivalent with limits of not less than $2,000,000.00 combined single limits per occurrence and aggregate for bodily injury, property damage and personal injury. C. Automobile Liability Insurance (Primary and Umbrella) Commercial Automobile Liability Insurance covering owned, non -owned, and hired vehicles, including the loading and unloading thereof, with limits of not less than $1,000,000 per occurrence combined single limit, for bodily injury and property damage. d. Insurance Requirements: All policies of insurance required hereunder shall be written by carriers which possess a B+ policyholders rating or better and a minimum Class VIII financial size category as listed at the time of issuance by A.M. Best Insurance Reports (the aforesaid rating classifications to be adjusted if and to the extent that Best adjusts its rating categories). All policies of commercial general liability insurance shall name the District as an Additional Insured for any and all injury, damage, liability, expenses or judgments arising out of the construction and repair of said Trail and overpass. All policies shall provide that they may not be canceled, renewed or reduced unless at least thirty days' prior written notice thereof has been proven to the Additional Insured. e. Insurance Certificates: Village or Contractor may furnish insurance certificates as evidence of the required coverage to the District. No construction shall commence prior to the District's approval of the insurance coverage. Casualty. In the event the Bicycle Trail or Overpass shall be damaged or destroyed by fire or other casualty, the Village may seek to have same promptly repaired or rebuilt. Alternatively, the Village may elect at their sole option, not to seek the repair or reconstruction of the Bicycle Trail or Overpass damaged or destroyed by fire or other casualty, and this License shall terminate upon written notice of such election In the event of such termination, the Village shall restore the property to as near as practicable the condition which existed prior to the construction of said Bicycle Trail and Overpass. ri 20. Performance and Payment Security. If the Village herein elects to construct said Bicycle Trail and Overpass through the services of an independent contractor, then the Village shall require the said independent contractor to execute a Performance and Payment Bond in the full amount of the contract. The Performance Bond and Payment Bond shall indicate both the District and the Village as Owners of the Bond. 21. Termination. a. If any Party shall at any time be in default in the performance of any of the terms, conditions or provisions of this Agreement and the defaulting Party shall fail to remedy or commence to remedy with diligence and dispatch such default within sixty (60) days after written notice thereof from a non -defaulting Party, it shall be lawful for the non -defaulting Party/Parties to terminate this Agreement. b. Notwithstanding the termination of this License, the District shall retain all ownership of said Bicycle Trail and Overpass. C. Notwithstanding any other provision contained herein, it is specifically agreed that the Village will leave any installed utility lines upon termination of this Agreement. 22. Interpretations. The paragraph headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to and shall not be deemed to define, limit, or extend the scope of the intent of the paragraph to which they pertain. The Parties have consulted legal counsel regarding the tenor of this Agreement and this Agreement shall be interpreted without applying any rule of construction against the drafting Party. 23. Governing Law. This Agreement is governed by and shall be construed according to the laws of the State of Illinois. 24. Severability. In the event that any provisions(s) of this Agreement is determined to be legally invalid, the Parties agree that particular provision shall be null and void, but the remainder of this Agreement shall remain in full force and effect. 25. No Third Party Beneficiaries. The Parties agree that this Agreement is solely for the benefit of the Parties and nothing herein is intended to create any rights or remedies on any persons other than the Parties. 26, Representatives. Before or immediately upon Execution of this Agreement, the Parties shall each designate, in writing, a single individual on their respective staffs who will represent the Parties as a primary contact in all matters under this Agreement. The Village designates Craig B. Johnson, President, at the address set forth in paragraph 29. The District designates Joseph N. Nevins, General Superintendent, at the address set forth in paragraph 29. 27. Cooperation. If any Party has reason to believe that a violation of this Agreement has occurred or is about to occur, written notice thereof specifying in detail the violation and the facts supporting the claim shall be served upon the other Parties. The Parties agree to act in good faith and to cooperate with each other to resolve any disputes which may arise in the performance of this Agreement. In the event that a dispute cannot be resolved in good faith and through cooperation, then the Parties may use any legal action or proceeding, whether at law or in equity, to enforce any provision of this Agreement and to recover any damages including, but not limited to, reasonable attorney fees. 28. Transfers. No Party shall sell, assign or otherwise transfer its interest under this Agreement without the written approval of the other Parry. The provisions set forth in this Agreement shall be binding upon and inure to the benefit of the approved successors and assigns of the Parties. 29. Notices. All notices given under this Agreement shall be in writing and shall be either: (a) served personally during regular business hours; or (b) served by facsimile transmission during regular business hours coupled with the mailing of the original in the U. S. Mail on the same day, postage prepaid, or served by certified or registered mail, return receipt requested, properly addressed with postage prepaid and deposited in the United States mail. Notices served personally or by facsimile transmission shall be effective upon receipt, and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Notices shall be served at the following addresses: Forest Preserve District of Cook County Attention: Joseph Nevins, General Superintendent 536 North Harlem Avenue River Forest, Illinois 60305 Tel. (708) 771-1510 Fax No. (708) 771-1512 Elk Grove Village Attention: Craig B. Johnson President 901 Wellington Avenue Elk Grove Village, Illinois 60007 Tel. (847)357-4010 Fax(847)357-4022 30. Execution. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one Agreement. All executed counterparts shall be returned to Carl McCormick, Chief Attorney of the Forest Preserve District of Cook County, at 69 W. Washington Street, Suite 2220, Chicago, Illinois 60602. Upon receipt, the Forest Preserve District will assemble the counterparts into two Agreements with original signatures and shall send one agreement to each of those specified in paragraph 29. 31. Incorporation. The provisions set forth herein represent the entire agreement between the Parties and supersede any previous oral or written agreements. It is the intent of the Parties to provide for integration of all prior agreements and understandings within the terms of this Agreement. No provision may be modified in any respect unless such modification is in writing and signed by each Party. 32. Prior Notice. Village shall give forty-eight (4 8) hours prior notice to the General Superintendent of the District, or his authorized representative, before starting any of the aforesaid work. 33. Requirements before beginning Construction. Prior to construction the District must review and approve the final alignment, final plans and construction specifications of the proposed Bicycle Trail and Overpass and all requirements regarding insurance and bonds must be met. 34. Effective Date. This Agreement/License shall become effective upon signature of all interested parties. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day .2000. ELK GROVE VILLAGE By: Craig B. Johnson, Mayor Craig B. Johnson, Mayor Attest: Ann I. Walsh Village Clerk W FOREST PRESERVE DISTRICT OF COOK COUNTY By: John H. Stroger, Jr., President Attest Secretary