HomeMy WebLinkAboutRESOLUTION - 11-13 - 3/12/2013 - BUSSE WOODS OVERPASSRESOLUTION NO. 11-13
A RESOLUTION RESCINDING RESOLUTION NO. 7-13 AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND THE ILLINOIS DEPARTMENT OF
TRANSPORTATION (IDOT) FOR THE BUSSE WOODS TRAIL OVERPASS
PROJECT NO. CMM -4003(148)
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 documents
marked:
Illinois Department of Transportation
Local Agency Agreement for Federal Participation
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 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 12`h day of March 2013.
APPROVED this 12`h day of March 2013.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
IDOT w, ......1oi3,�,&W
�J Ofinois Department
ii Transportation
Local Agency Agreement
for Federal Participation
Local Agency
Village of Elk Grove Village
Stale Contract
X
Day Labor
Local Contract
RR Force Account
Section
09 -00058 -00 -BT
Fund Type
CMAQ
ITEP and/or SRTS Number
Construction
En ineerin
Ri ht-of-Wa
Job Number
Project Number Job Number
Project Number
Job Number
'Project Number
C-91-163-13
CMM -4003(148)
This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the slate of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the
tdesignaled location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
"STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA".
Location
Local Name Busse Woods Trail Overpass Route Off -System Length 0.41 mile
'Termini Over IL Rte 72
:Current Jurisdiction Forest Preserve DisOct of Cook County for trail (IL Route 72IDOT) Existing Structure No N/A
Project Description
'.This project consists of the construction of approximately 2,188 feet of 12 -foot wide HMA bike trail, which will include a bridge over Illinois
1R0ule 72 (Proposed Structure Number 016-6921).
•Type of Work
Participating Construction
Non -Participating Construction
'Preliminary Engineering
Construction Engineering
Right of Way
Railroads
Utilities
Materials
TOTAL
Division of Cost
CMAQ % STATE % LA % Total
2,400,000 ( ) ( ) 600,000 ( BAL ) 3,000,000
279,788 ( I ( ) 69,947 ( BAL ) 349,735
$ 2,679,788 $ $ 669,947 $ 3,349,735
Maximum FHWA (CMAQ) participation 80% not to exceed $2,679,788.
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
Stateparticipation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
Local Agency Appropriation
By execution of this Agreement, the to is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A --Lump Sum (SD% of LA Obligation)
METHOD B-- Monthly Payments of
METHOD C --- LA's Share Balance
divided by estimated total Cost multiplied by actual proqress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 3/5/2013 Page 1 of 5 BLR 05310 (Rev. 01/10/13)
Agreement Provisions
THE LA AGREES:
(1) To acquire in its name, or in the name of the state if on the stale highway system, all right-of-way necessary for this project in `
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a )oration map). )f the improvement )ocalion is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to.the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation. .
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and.supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to
provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this
section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(10) (Slate Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractors first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(1'1) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that tight -of -way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
Printed on 3/5/2013 Page 2 of 5 BLR 05310 (Rev. 01/10/13)
(14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption limes for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with slate maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the L4/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Sheets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(15) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three-year periodpreceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, Stale, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above and all other certifications required by Slate statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA'scertification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).
(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
Printed on 3/5/2013 Page 3 of 5 BLR 05310 (Rev. 01/10/13)
(25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that expend less than
$500,ODO a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
(26) That the LA is required to register with the Central Contractor Registration (CCR), which is a web -enabled government -wide
application that collects, validates, stores, and disseminates business information about the federal government's trading partners
in support of the contract award and the electronic payment processes. If you do not have a CCR number, you must register at
https://www.urcontractorregistration.com. If the LA, as a sub -recipient of a federal funding, receives an amount equal to or greater
than $25,000 (or which equals or exceeds that amount by addition of subsequent funds), this agreement is subject to the following
award terms: http://edocket.access.ppo.gov/2010/pdf/2010-22705.pd and htto://edocket.acGess.nDo.,qov/2010/odf/2010-
22706.pdf.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the,construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work andror construction
work:
(a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payment by the LA;
(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(1) . Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction.
(2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the dale of execution of this Agreement.
(3) This Agreement shall be binding upon the parties, their successors and assigns.
(4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence
of a USDOT — approved ILA DBE Program or on Stale awarded contracts, this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its
application
Printed on 315/2013 Page 4 of 5 BUR 05310 (Rev. 01/10/13)
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Mao Number 2 - IGA far construction and maintenance of trail and structure
(Insert addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this
Agreement and all exhibits indicated above.
APPROVED
Local Agency
Craig B. Johnson
Name of Official (Print or Type Name)
Mayor
Title (County Board ChalrpersoNMayor illage Presiderd/etc.)
(Signature) Date
The above signature certifies the agency's TIN number is
36-600920D1 conducting business as a Governmental
Entity.
DUNS Number 072316581
NOTE: If signature is by an APPOINTED official, a resolution
authorizing said appointed official to execute this agreement is
required.
APPROVED
State of Illinois
Department of Transportation
Ann L. Schneider, Secretary of Transportation Date
By:
Aaron A. Weathefholt, Deputy Director of Highways Date
Omer Osman, Director of Highways/Chief Engineer Date
Michael A. Forti, Chief Counsel Date
Matthew R. Hughes, Director of Finance and Administration Date
Printed on 3/5/2013 Page 5 of 5 BLR 05310 (Rev. 01/10/13)
INTL,RGOVERNMENTAL AGREEMENT PROVIDING ICOR
THE CONSTRUCTION AND FUTURE REPAIR OF THE
BUSSE WOODS TRAIL OVERPASS OVER ILLINOIS ROUTE 72 (HIGGINS ROAD)
AT BUSSE WOODS FOREST PRESERVE, ELK GROVE VILLAGE, ILLINOIS
THIS INTERGOVERNMENTAL AGREEMENT ("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 Intergoventmental.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 relocate the
existing Busse Woods bicycle trail (the "Bike Trail"), and construct an overpass (the
"Overpass") over Illinois Route 72 (Higgins Road) herein after referred to as the "Project" (Tor
further details, see ExbibitA); and
WHEREAS, this relocated Bike Trail and Overpass (collectively, the Project) will be
built on District property, in the Busse Woods Forest Preserve, Elk Grove Village, Cook County,
IL; and
WHEREAS, the relocated Busse Woods bicycle trail and Overpass will cross Illinois
Route 72 via an overpass and connect the south and north relocated Bike Trails; and
WHEREAS, the proposed relocated Bike Trail is 1910 feet in length ( 0.36 miles) and the
Overpass is 220 feet in length (0.04 miles) crossing Illinois Route 72 (Higgins Road) both
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 Overpass which shall include the earth embankments, abutments, bridge structure and
structural components; and
WHEREAS, the District shall accept responsibility and expense for the future repair of
the newly constructed asphalt paved Bike Trail up to the bridge abutments; and
WHEREAS, the Illinois State Statute, 70 MCS 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 Bike 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 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. This Agreement shall constitute a License for the Village to construct,
install, and repair the Overpass and to construct, install, replace, and relocate
(collectively, construct and repair") said Project in the designated areas identified
on Exhibit A. The license to repair the Overpass shall be perpetual (the "Term").
a. Ingress and Egress. Village, and its employees, contractors, suppliers,
servicemen and invitees are further granted the right of ingress and egress
during the District's normal hours of operation, 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 Representative identified in
Section 26 of this Agreement prior to entry, or as soon as practicable
thereafter.
4. Construction and Repair Costs. The cost to construct the Project and keep said
Overpass in good repair during the Tenn 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 Project as necessary for the
development and repair 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 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. AlF laws, codes and
ordinances enacted by the District shall apply and must be followed bythe
Village and its Contractors.
6. Construction Agreement. The Village has entered into a Contract'foir 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 wilh,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 is constructed according to Plan
as well as within proper time periods.
7. Use of said Project. The Parties agree that said Busse Woods 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.
S. 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, 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 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, the Village shall keep said Overpass in good repair at
its own cost and expense. The Village shall be responsible forany and all repairs
necessary to maintain the safety of said Overpass, including the repair of any
structural problems. Upon failure of the Village to properly keep said 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 Project.
a. The Village and. the District agree that said Project, once installed, shall
become the property of the District. District signage shall be placed at or
near the Bike Trail and/or Overpass. District rules and regulations also
shall be applicable with respect to the use of said Bike Trail and Overpass.
b. All Parties agree that said Bike 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 Project, the Village shall
remain responsible for keeping said 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 said
Project and repair said 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 Bike Trail,
Overpass or any District property by virtue of this Agreement.
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 at the Village and/or Contractor's expense.
14. Construction Operations. All construction operations, including vehicle
movements and material storage, shall take place within the designated areas
identified on Exhibit A. If temporary fencing is required all operations shall take
place within said fenced area.
All surplus excavated material, trees or slumps 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 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 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.
16. Restoration after Construction. All areas temporarily disturbed by construction
operations shall be restored to a pre -project condition. Landscape areas 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 shall meet the
specifications of the Disnict.
17. 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 16 of this Agreement. The work shall be
done under the supervision of the District in the proper season for such work.
18. 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 and/or its Contractor's construction 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.
19. Insurance and Casualty. The Village or Contractor shall maintain the following
insurance coverage relating to the construction and repair of said Project:
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.
b. Commercial General Liability Insurance (Primary and Umbrella):
Commercial. General Liability Insurance or equivalent with dirilits 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 Liabilitv Insurance Orimary and Umbrella) Commercial
Automobile Liability Insuranee 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- policyholders rating or better and
a minimum Class VII financial size category as listed at the time of
issuance by AM. Best Insurance ReMrts (the aforesaid rating
classifications to be adjusted if and to the extent that Best adjusts its rating
categories). The Commercial General Liability Policy and Automobile
Liability Policy shall be on a primary and non-contributory basis with
respect to any • insurance or self-insurance programs carried or
administered by the District.
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
Bike 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.
20. Casualty. In the event the Project shall be damaged or destroyed by fire or other
casualty, the District may seek to have same promptly repaired or rebuilt.
Alternatively, the District may elect, at its sole option, to receive the benefits of
any insurance proceeds and not to seek the repair or reconstruction of the Project
damaged or destroyed by .fire or other casualty, and this Agreement shall
terminate upon written notice of such election In the event of such termination,
the Village agrees to cooperate with any and all efforts by the District to receive
the insurance proceeds and shall not seek to obtain such insurance proceeds itself,
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-commenee to remedy with diligence and dispatch
such default within sixty (60) days after written notice thereof from a non -
defaulting Patty, 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 Bike 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.
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 (are)
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 Raymond R. Rummel, Village Manager, at
the address set forth in paragraph 29. The District designates David Kircher,
Landscape Architect, 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 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 within ninety (90) days of the receipt of the 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: David Kircher,
Landscape Architect
536 North Harlem Avenue
River Forest, Illinois 60305
Tel. (708) 771-1510
Fax (708)771-1512
Village of Elk Grove Village
Attention: Raymond R, Rummel
Village Manager
901 Wellington Avenue
Elk Grove Village, Illinois 60007
Tel. (847)357-4010
Fax (847)357-4022
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
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.
: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 theGeneral•
Superintendent of the District, or his authorized representative, and -the Landscape
Architect of the District 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.
[Continued on next page]
35. Effective Date. This Agreement shall become effective upon signature of all
interested parties.
WITNESS WI-IEREOF, the parties have entered into this Agreement as of the U day of
2011
B. Johnson, Mayor
Atte
d
age Clerk
Forest Preserve District of Cook County
Toni Preckwinkle, President
attliew B. DeLeon, Secretary
A ove as to Form..
e us White, Chief Attorney
Exhibit A
s
. STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROPOSED
- -
FEDERAL AID PROJECT
BUSSE WOODS TRAIL OVERPASS
OVER IL ROUTE 72 (FAP 341)
-
SECTION:09-ODDSB-DO-BT-
a WOG OF nIOMWAY ITAVO .IEC /MEET NO.I
PROJECT:
a —
JOB NO: C-91-293-10
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