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HomeMy WebLinkAboutRESOLUTION 4-25 - 1/14/2025 - ARLINGTON HEIGHS PEDESTRIAN BRIDGE AGREEMENT FOREST PRESERVE DISTRICTRESOLUTION NO.4-25 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF COOK COUNTY AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE CONSTRUCTION AND MAINTENANCE OF THE ARLINGTON HEIGHTS PEDESTRIAN TRIAN BRIDGE 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 PROVIDING FOR THE CONSTRUCTION AND FUTURE REPAIR OF THE PEDESTRIAN BRIDGE OVER ARLINGTON HEIGHTS ROAD 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 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: 5 NAYS: 0 ABSENT: 1 PASSED this 14th day of January 2025 APPROVED this 141h day of January 2025 APPROVED: Mayor Crai a 13 ohnson Village of Elk Grove Village ATTEST: Loretta M. Murphy., Village Clerk INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CONSTRUCTION AND FUTURE REPAIR OF THE PEDESTRIAN BRIDGE OVER ARLINGTON HEIGHTS ROAD AT BUSSE WOODS FOREST PRESERVE, ELK GROVE VILLAGE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the Forest Preserve District of Cook County (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 Pedestrian Bridge over Arlington Heights Road, herein after referred to as the "Project" (For further details, see Exhibit A); and WHEREAS, this Pedestrian Bridge (Project) will be built partially on District property, in the Busse Woods Forest Preserve, Elk Grove Village, Cook County, IL; and WHEREAS, the Pedestrian Bridge will span Arlington Heights Road and connect the Busse Woods bicycle trail to an off-street multi -use path maintained by the Village; and WHEREAS, the proposed Pedestrian Bridge, including ramps, is 970 feet in length ( 0.18 miles) crossing Arlington Heights Road, with 519 feet in length (0.10 miles) located within District property; and WHEREAS, the Village has submitted plans and specifications for the proposed Project 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 of said Project; and WHEREAS, the Village shall accept responsibility and expense for the future repair of the Pedestrian Bridge ramps, abutments and structure; and WHEREAS, the Village shall remove and fully restore the trail spur to the Higgins Road and Arlington Heights Road intersection, as further provided on Exhibit B, upon opening the new Pedestrian Bridge; and WHEREAS, the Village shall remove the illuminated Village entry sign along southbound Arlington Heights Road as part of the Project and furnish, update and install additional signage as further provided in this Agreement; and WHEREAS, Section 8 of the District's Enabling Act, 70 ILCS 810/8, and Title 5 of the District's Code of Ordinances authorizes the District to grant licenses for the construction, use and maintenance of facilities on its property for public works and public services; and WHEREAS, the purpose of this Intergovernmental Agreement is limited to the construction and future repair of said Pedestrian Bridge; 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: I. 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 Project. In its capacity as the Lead Party, the Village shall be responsible for procuring and coordinating all aspects of the construction of the Project. 3. License and Term. This Agreement shall constitute a License for the Village to construct, install, repair, replace, remove and use (collectively, "construct and repair") said Project for fourty (40) years from the Effective Date (the "Initial Term"). After the Initial Term, unless this Agreement is terminated per Section 22 or otherwise renewed per this Section 3, this Agreement will automatically renew annually. Within one (1) year prior to the expiration of the Initial Term, this Agreement may be renewed for an additional forty (40) year term, subject to the approval of each Parties' governing body, with no additional fees. 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 Project 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 Police Department at their nonemergency number (708-771-1000). 4. Construction and Repair Costs. The cost to construct the Project and keep said Pedestrian Bridge in good repair during the Term shall be borne solely by the Village. The District has agreed to waive all licensing and other fees in relation to the Project. 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 Project as necessary for the development and repair pursuant to this Agreement. (2) The Village shall submit to the District a detailed construction schedule before construction commences. 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 Project 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 Project 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 and its Contractors. 6. Construction Agreement. The Village will enter into a Contract for the construction of said Project. 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 Project; 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 from performance 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 Project. 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 Project. The District shall have the right to monitor construction and repair of said Project and insist that said Project are constructed according to Plan as well as within proper time periods. e. Bridge design and construction shall follow all applicable codes, laws (federal, state and local), ordinances, environmental regulations and best design standards and practices. 7. Use of said Project. The Parties agree that said Pedestrian Bridge 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 Project, from appropriate federal, state or local governmental agencies. As the owner of the real estate from the centerline of Arlington Heights Road to the west, 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 instal 1 ed to serve the Village's construction of said Project. 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 Pedestrian Bridge in good repair and clean at its own cost and expense. The Village shall be responsible for any and all repairs necessary to maintain the safety of said Pedestrian Bridge, including the repair of any structural problems or the removal of graffiti. Upon failure of the Village to properly keep said Project 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 Project. a. The Village and the District agree that said Project, once installed, shall become the property of the Village. District signage shall be placed on the property and District rules and regulations shall govern the use of said Project. All Parties agree that said Project is for the use of the general public and shall be used in accordance with the rules and regulations of the District. C. The Village shall remain responsible for keeping said Pedestrian Bridge 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. Signage. In conjunction with the Project, the Village also agrees to furnish, update or install the signs below for the District. All construction detail drawings, shop drawings and artwork for the signs will be approved by the District before they go out to bid and before signs are fabricated and installed. a. The Village agrees to furnish and update the following signs: Seven (7) existing 4'x6' double -sided information sign panels (panels only) and (4) existing 2'x2' Pedestrian Directional Combination, double -sided map sign panels (panels only), both of which are indicated as red rectangles with a white border as further detailed on Exhibit C. b. The Village agrees to furnish and install the following signs: Five (5) 4'x6' double -sided panel information signs, with all necessary posts, panels, hardware, and pads, indicated on Exhibit C as red rectangles with a yellow border; one (1) 4'x8' double sided Marker/Boundary ID sign with all necessary posts, panels, and hardware, shown as a thin red rectangle with a black border on Exhibit C; and one (1) 4'x8' single -sided sign with a frame which can hold temporary District event advertisement panels (similar to a 2.2 —Vehicular Entry ID Sign), to be attached to the west facing wall of the west ramp adjacent to the trail, indicated as a thin yellow rectangle with a black border on Exhibit C. 13. No Estate in Land. This Agreement creates a license only to construct said Project and repair said Pedestrian Bridge. 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 Agreement. 14. 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 at the Village and/or Contractor's expense. 15. 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 District property at Village expense. All property disturbed as the result of construction or bridge maintenance that is not utilized as part of the Project shall be restored to its pre -construction condition at the Village's expense. 16. Temporary Fencing. All temporary fencing required shall be installed prior to 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. 17. Restoration after Construction. All areas disturbed by construction and maintenance operations, including the removal of any District signs, trails and spurs, shall be top -dressed after final settlement with topsoil to a depth of six (6) inches, cultivated, fine graded, seeded and mulched as directed and approved by the District. Seeding shall take place only before May 15 and between August 1 and October 15 except when authorized otherwise by the District in writing. Contractor shall deliver seed tags to the Real Estate and License Engineer at the District General Headquarters in River Forest, Illinois. The District does not permit the use of plastic net erosion control matting. 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. 18. Landscape Contractor. The Village or its independent contractor shall retain a Landscape Contractor, to perform tree planting, all fine grading, seeding work, and mulching as required in provision 17 of this Agreement. The work shall be done under the supervision of the District in the proper season for such work. 19. 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 any nature whatsoever arising from the Village's construction and maintenance of the Project. 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. 20. Insurance and Casualty. The Village or Contractor shall maintain the following insurance coverage relating to the construction and repair of said Project as provided in Exhibit D. In the event the Project 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 its sole option, not to seek the repair or reconstruction of the Project 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 Project. 21. Performance and Payment Security. If the Village herein elects to construct said Project 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. 22. 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 Village shall retain all ownership of said Pedestrian Bridge. C. Notwithstanding any other provision contained herein, it is specifically agreed that the Village will leave any already -installed utility lines upon termination of this Agreement. However, if any utility lines are installed on District property for the Project by or at the direction of the Village, those lines will be removed from District property after the bridge is removed or when this Agreement is termination 23. 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 terms of this Agreement, and this Agreement shall be interpreted without applying any rule of construction against the drafting Party. 24. Governing Law. This Agreement is governed by and shall be construed according to the laws of the State of Illinois. 25. 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. 26. 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. 27. 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 Matthew J. Roan, Village Manager, at the address set forth in paragraph 30. The District designates Eileen Figel, Interim General Superintendent, at the address set forth in paragraph. 28. 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 Party. 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 within ninety (90) days of the receipt of written notice, 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. 29. Transfers. No Party shall sell, assign or otherwise transfer its interest under this Agreement without the written approval of the other Party. 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. 30, 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: Eileen Figel, Interim General Superintendent 536 North Harlem Avenue River Forest, Illinois 60305 Tel. (708) 771-1510 Fax (708) 771-1512 With a copy to: Village of Elk Grove Village Attention: Village Manager 901 Wellington Avenue Elk Grove Village, Illinois 60007 Fax (847)357-4022 Tel. (847)357-4010 Chief Attorney, Lisa Lee 69 W. Washington St. Ste. 2010 Chicago, IL 60602 31. 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 the Chief Attorney of the Forest Preserve District of Cook County, at 69 W. Washington Street, Suite 2010, 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 30. 32. 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. 33. Prior Notice. Village shall give forty-eight (48) hours prior notice to the General Superintendent of the District, or their authorized representative, before starting any of the aforesaid work. 34. Requirements before beginning Construction. Prior to construction, the District must review and approve the final alignment, final plans and construction specifications of the proposed Project, and all requirements regarding insurance and bonds must be met. 35. Effective Date. This Agreement/License shall become effective upon signature of all interested parties. WITNESS WHEREOF, the parties have entered into this Agreement as of the I f dam y of ELK GKOVE VILLAGE ig B. Johnson, Mayor 1 Attest: 7tdt� Village Clerk FOREST PRESERVE DISTRICT OF COOK COUNTY Attest: Toni R. Preckwinkle, President Secretary