HomeMy WebLinkAboutRes 04-21 02/02/2021 Authorizing the Mayor to sign an intergovernmental agreement between community consolidated school Dist 21 and the Villaage of Mount Prospect to faciliate construction of the Aspen Trails Stormwater ImprovementsRESOLUTION NO. 4-21
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL
AGREEMENT BETWEEN COMMUNITY CONSOLIDATED SCHOOL DISTRICT 21
AND THE VILLAGE OF MOUNT PROSPECT TO FACILITATE CONSTRUCTION OF THE
ASPEN TRAILS STORMWATER IMPROVEMENTS
WHEREAS, the Village of Mount Prospect (the ""Village") is a home rule unit of
government pursuant to the Illinois Constitution of 1970; and
'W'HEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILLS 220/1
et seq.,) authorizes and encourages intergovernmental cooperation; and
WHEREAS, the Village of Mount Prospect and Community Consolidated School
District 21 are units of government within the meaning of the Constitution of the
.State of Illinois, 1970 Article VII, ,Section 10, having the power and authority to enter
into an intergovernmental agreement; and
WHEREAS, the Village of Mount Prospect seeks to reduce stormwater-induced
flooding in residential neighborhoods by constructing detention facilities and other
storm sewer improvements at and near Aspen Trails Park, located at 1814 Maya
Lane, Mount Prospect, Illinois, in order to improve the storage and conveyance
capacity of the municipally -owned sepa rate storm sewer system serving the area,
hereinafter referred to as the Public Improvements; and;
WHEREAS, Frost Elementary ,School currently owns, operates, and maintains a
stormwater detention facility and stormwater collection and conveyance system
installed along its southern property with Aspen Trails Park; and
WHEREAS, the Public Improvements include assimilation of stormwater storage
from the referenced detention facility, improvements to the referenced stormwater
collection and conveyance system, and regrading of these work areas to a flat, level
surface; and
WHEREAS, Community Consolidated School District 21 staff have expressed support
for developing the aforementioned at and near Aspen Trails Park including the
proposed work detention pond, storm sewer, and grading work on .School District
property; and
WHEREAS, the Village Mount Prospect agrees to fund and School District 21 agrees
to allow Mount Prospect to construct said Public Improvements, including the
proposed work on School District property; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have deemed that the best interests of the Village will be served by entering into the
Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS, PURSUANT TO ITS HOME RULE POWERS:
SECTION ONE: The President and Board of Trustees of the Village of Mount
Prospect do hereby authorize and direct the President to execute an
Intergovernmental Agreement with Community Consolidated School District 21 to
facilitate construction of the Aspen Trails Stormwater improvements attached hereto
and made a part of this Resolution as Exhibit 'W"
SECTION TWO: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES: Hatzis, Hoefert, Rogers, Saccotelli, Zadel
ABSENT: Grossi
PASSED and APPROVED this 2nd day of February, 2021
Arlene A. Juracek
Mayor
ATTEST:
leot
Karen M. Ager n .. os
Village Clerk
D21 Aspen Trails IGA
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into
by and between the Village of Mount Prospect ("Mount Prospect"), an Illinois municipal
corporation and Community Consolidated School District 21 ("School District"), an Illinois
municipal corporation (collectively "the Parties").
RECITALS
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10,
authorizes units of local government to contract or otherwise associate amongst
themselves in any manner not prohibited by law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act 5 1 LCS
220/1 et seq. , authorize and encourage intergovernmental cooperation; and
WHEREAS, the Parties are units of government within the meaning of the
Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and
authority to enter into an intergovernmental agreement; and
WHEREAS, Mount Prospect seeks to reduce stormwater-induced flooding in
residential neighborhoods by constructing detention facilities and other storm sewer
improvements at and near Aspen Trails Park, located at 1814 Maya Lane, Mount
Prospect, Illinois, in order to improve the storage and conveyance capacity of the
municipally -owned separate storm sewer system serving the area, hereinafter referred to
as the Public Improvements; and
WHEREAS, the School District owns, maintains and operates Frost Elementary
School located at 1805 Aspen Drive, Mount Prospect, Illinois, immediately adjacent to
Aspen Trails Park, and legally described as follows:
Lot "A" in Brickman Manor Third Addition Unit No. Two, being a Subdivision in the Southwest
Quarter of Section 24, Township 42 North, Range 11 East of the Third Principal Meridian, in
Cook County, Illinois.
WHEREAS, Frost Elementary School currently owns, operates, and maintains a
stormwater detention facility and stormwater collection and conveyances ( see
Attachment A) installed along its southern property with Aspen Trails Park; and
WHEREAS, the Public Improvements include assimilation of stormwater storage
from the referenced detention facility, improvements to the referenced stormwater
collection and conveyance system, and regrading of these work areas to a flat, level
surface; and
WHEREAS, the School District Board and staff have expressed support for
developing the aforementioned at and near Aspen Trails Park including the proposed
work detention pond, storm sewer, and grading work on School District property; and
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WHEREAS, Mount Prospect agrees to fund and the School District agrees to allow
Mount Prospect to construct said Public Improvements, including the proposed work on
School District property, in accordance with this Agreement.
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions set forth in this Agreement, the Parties hereto agree as follows:
•
The above recitals are incorporated into this Agreement as if fully set forth herein.
Section 2. Pefinitions,
ct ion 2.1. "Public Improvements" for purposes of this Agreement shall mean
those improvements which improve the storage and conveyance capacity of the
municipally -owned storm sewer system serving the area, including, but not limited to,
detention basins, underdrains, inflow and outflow structures, storm sewerpipe and other
storm water conveyance and/or storage appurtenances.
J,
Slelctton 2.2. "Improvements" for purposes of this Agreement shall mean "Public
Improvements".
,
Section 11 . The Agreement will cover Improvements in Aspen Trails Park and a
portion of Frost Elementary School property.
Section 12. The proposed Improvements are conceptually represented in
Attachment A and made a part hereof.
t
Section 3.34, The proposed Improvements to Aspen Trails Park shall include, bu
not be limited to the following: I
a. The Public Improvements shall include the below ground stormwater detention
facility basin, underdrains, inflow and outflow structures, storm sewerpipe, and
other stormwater conveyance and/or storage appurtenances at Aspen Trails
Park
1b. Additional Public Improvements on Frost Elementary School property shall
include:
Fill the school's stormwater storage depressional area just south of
existing parking lot to a flat, level surface. Regrade area to drain to a
catch basin on an existing storm sewer.
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Install the Village's underground stormwater detention facility a few feet
onto School District property (varies) at a location near the existing
shared parcel line with Aspen Trails Park.
iii. Replace existing River Trails Park District storm sewer that captures
surface drainage from Aspen Trails Park and Frost Elementary School
with a new storm sewer system that extends onto School District property
and conveys stormwater to a Village -owned storm sewer on Maya Lane.
iv. Regrade grass area south of school playground/asphalt lot to a flatter
profile since the new storm sewer system will be installed closer to the
asphalt pavement thereby eliminating the need for a drainage swale.
V. Re -spread topsoil and re-establish turf in affected work areas.
vi. Install a temporary fence (by River Trails Park District) along the
0
perimeter of disturbed area on School District property.
vii. Temporary storage of excavated soil/topsoil on School District property
within disturbed footprint,while, Public Improvements are constructed.
ctl* 'on A. Mount Prospect agrees that it shall provide the School District with
the ability to review and approve the plans ands for the construction of the
Public Improvements on School District property. If the School District fails to review such
plans and specifications within this 30 -day time frame and advise Mount Prospect
regarding its acceptance or rejection of such plans and specifications, such plans and
specifications shall be deemed approved by the School District. Approval of such plans
and specifications shall not be unreasonably withheld.
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Section, 4.1. For Aspen Trails Park, the design and development of theproposed
Aspen Trails Park Improvements commenced in 2020. Construction ofproposed
Improvements at Aspen Trails Park, and the School District property, is anticipated to
commence in spring 2021. Substantial completion of the Public Improvements is
anticipated by the end of the 2021 construction season. Establishment of turf fields is
expected in October 2022.
Section, 4.2. Notwithstanding any unforeseen circumstances, Mount Prospect
shall adhere to the best of its ability to the anticipated project schedule set forth herein.
If deviation or revision of this schedule is necessary, Mount Prospect shall advise the
School District of the same and Mount Prospect and the School District shall jointly
accommodate any issues that may arise as a result of the deviation or revision in the
schedule.
The School District shall designate a representative for the project. The School
District representative shall be invited and permitted to attend and participate in all design,
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pre -construction and construction progress meetings and shall be permitted to observe
the construction work in progress during normal business hours.
Se1� ct"'on,43., If it is necessary to demolish any School District facilities in order to
fully implement the approved plans, Mount Prospect shall be responsible for the cost of
such demolition/site preparation. It is agreed that the School District will be given
reasonable notice which shall not be less than five (5) business days in advance of such
action by Mount Prospect in the event the School District desires to salvage any fixtures
from the site.
Section 4.4. It is agreed by both parties that if during the construction of the
Improvements, or at any time prior to such construction, Mount Prospect discovers
environmental contamination or hazardous materials on the School District property,
Mount Prospect shall handle and dispose of such materials pursuant to State law and at
its own expense. The School District, as the owner of Frost Elementary School, shall fully
cooperate with Mount Prospect with regard to any environmental remediation. This
includes, but is not limited to, execution of any documents regarding environmental
remediation at the parks.
S,e,,ction 4.5. Mount Prospect shall be permitted reasonable access to Frost
Elementary School property for the purpose of designing, constructing and maintaining
the Improvements set forth in Section 2. It shall be the responsibility of Mount Prospect
to repair any damage to the School District property resulting from such activity. Any
such damage shall be repaired within 30 days or within a longer time frame as mutually
agreed to by both Mount Prospect and the School District and shall be performed to the
unilateral satisfaction and approval of the School District, such approval not being
unreasonably withheld. I
Section 5. 'Role of the Parties.
Section 5.1. For the Public Improvements at and near Aspen Trails Park and
Frost Elementary School, Mount Prospect shall:
a. Assume sole and exclusive responsibility for the design of proposed Public
Improvements.
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b. Agree and affirm full responsibility for the maintenance of the Public
Improvements in perpetuity. Except for emergency situations, Mount Prospect
shall provide no less than five (5) days advance written notice to the School
District before beginning any work or maintenance on the Public Improvements.
In the event of an emergency, if prior notice is not possible, Mount Prospect
shall provide notice at the earliest reasonable opportunity. It is agreed that
maintenance shall not include routine hardscape, turf, landscaping, lawn
mowing or upkeep of athletic fields and appurtenances in the stormwater
detention area(s). Any damage to the Public Improvements shall be reported
to Mount Prospect by the School District within a reasonable period of time after
it is discovered by the School District after which Mount Prospect shall be
provided a reasonable period of time to make such repairs as are deemed
necessary.
c. Procure and construct the Public Improvements.,
Secti of 5.2. For the proposed improvements to Aspen Trails Park and Frost
Elementary School, the School District shall grant necessary easements to Mount
Prospect, so that Mount Prospect may design, construct, and maintain the Public
Improvements.
Section 5.3., If at any time after construction of any of the Public Improvements,
the School District desires to make modifications to existing facilities or install additional
facilities on Frost Elementary School property for which Mount Prospect has been granted
a permanent easement under this Agreement, the School District shall provide Mount
Prospect prior notice of such modification prior to any work being conducted. Similarly, if
at any time after construction of any of the Public Improvements, Mount Prospect desires
to make modifications to existing facilities or install additional facilities in the same area
of the easement, notice shall be provided to the School District prior to any work being
constructed on School District property. It is agreed by both Parties that neither Mount
Prospect nor the School District will construct or modify any improvements in a manner
that will interfere with the operation or maintenance of the Improvements.
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Secti ( on 5.4. Each of the parties is a key stakeholder that will be included
throughout the process and will have the ability to provide input in the project decisions.
Section G. General Provisions,
Section 6.1. This Agreement shall be interpreted under, and governed by, the
laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit,
action, or proceeding brought in connection with this Agreement shall be in the Circuit
Court of Cook County, Illinois.
Section 6.2. This Agreement may not be altered, modified or amended except by
a written instrument signed by all Parties. Provided, however, the Parties agree that
provisions required to be inserted in this Agreement by laws, ordinances, rules,
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regulations or executive orders are deemed inserted whether or not they appear in this
Agreement and that in no event will the failure to insert such provisions prevent the
enforcement of this Agreement.
Section 6.3. Unless otherwise specified, any notices, demands or requests
required under this Agreement must be given in writing at the addresses set forth below
by any of the following means: personal service, overnight courier or first class mail.
Se1c,tion 6.4. At all times while this Agreement remains in effect, each party shall
procure adequate insurance and/or self-insurance to protect itself, its officers, employees
and agents from any liability for bodily injury, death, and property damage in connection
with the Public Improvements covered by this Agreement.
The limits of liability for the insurance required shall provide coverage for not less than
the following amounts, or greater where required by law:
a. Comprehensive general liability, with a general aggregate of $5,000,000.00 and
$1 000,000.00 for each occurrence.
b. Workman's compensation insurance in accordance with the provisions of the laws
of the State of Illinois, including occupational disease provisions, for all applicable
employees pursuant to this Agreement.
c. Comprehensive automobile liability, with coverage to include all owned, hired, non -
owned vehicles, and/or trailers and other equipment required to be licensed,
covering personal injury, bodily injury and property damage, with a combined single
limit coverage of $1,000,000.00.
d. Each Party and its officers, employees and agents shall be named as additional
non-contributory co -insureds on all of the other Party's insurance policies, except
Workman's Compensation, during the entire term of this Agreement. Said policies
shall not be allowed to expire or be cancelled, nor shall said coverages be reduced,
without fourteen (14) days prior written notice to the other Party.
e. Each Party understands and agrees that any insurance protection required by this
Agreement or otherwise provided by that Party, shall in no way limit the
responsibility to indemnify, keep and save harmless, and defend the other Party
and its officers, employees and agents as herein provided.
f. Each Party shall require any contractor performing any work on Property subject to
this Agreement to carry liability insurance and name the other Party as an additional
non-contributory co-insured under such policies. The first Party shall furnish copies
of certificates of insurance evidencing coverage for any contractor performing any
such work to the other Party.
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S e c t 1i on,, 6' -5. Mount Prospect may in its sole discretion and prior to the
construction of any Public Improvements declare this Agreement null and void by sending
the appropriate notice hereunder. The School District may in its discretion, and prior to
Mount Prospect incurring the costs for design of the proposed improvements on Frost
Elementary School property, declare this Agreement null and void by sending the
appropriate notice hereunder.
Sgetion 6.6. Mount Prospect shall indemnify, hold harmless and defend the School
District and its officers, employees and agents for and against all injuries, deaths, losses,
damages, including property damage, claims, suits, liabilities, judgments, costs and
expenses, including reasonable attorneys' fees, which may in any way accrue against River
Trails Park District and its officers, employees and agents as a consequence of the acts or
omissions of Mount Prospect's officers, employees, agents and independent contractors
pursuant to this Agreement, and Mount Prospect shall, at its own expense, appear, defend
and pay all charges of attorneys' fees and costs and other expenses. The School District shall
indemnify, hold harmless and defend Mount Prospect and its officers, employees and agents
for and against all injuries, deaths, losses, damages, including property damages, claims,
suits, liabilities, judgments, costs and expenses, including reasonable attorneys' fees, which
may in any way accrue against Mount Prospect and its officers, employees and agents as a
consequence of the acts or omissions of the School District's officers, employees, agents and
independent contractors pursuant to this Agreement, and the School District shall, at its own
expense, appear, defend and pay all charges of attorneys' fees and costs and other expenses.
A Party shall provide notice to the other Party pursuant to Section 6.7 of this Agreement
in the event that any person or entity shall in any way provide notice to the Party of any claim
or demand pursuant to this Agreement from which the other Party shall be obligated to
indemnify, hold harmless and defend the Party pursuant to this Section.
Nothing in this Agreement shall be construed as prohibiting Mount Prospect or the
School District, and their officers, employees and agents from defending, through the selection
and use of their own agents, attorneys and experts, any claims, actions or suits brought
against them arising out of the performance of this Agreement.
Section 6.7. This Agreement constitutes the entire agreement between the
Parties, merges all discussion between them and supersedes and replaces any and every
other prior or contemporaneous agreement, negotiation, understanding, commitments
and writing with respect to such subject matter hereof. This 6gr ement sets forth the
Parties' understanding as to how the Public I,m pLoyements, described herein will be
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carned out'qotAn forward. It should'nol't be construed as irrevocably commilhing Pa es to
undertaki �d, comal, ing', the Improve m,eOts. Notwithstanding anything to the contrary
WOMEN
above, should Mount Prospect decide to terminate this Agreement at any time after work
on the proposed Public Improvements has begun, Mount Prospect agrees to
repair/replace/restore affected areas of Frost Elementary School to the same condition
as they existed prior to the start of work on the Public Improvements. The cost of such
repair/replace me nt/restoration work shall be paid for by and be the sole responsibility of
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Mount Prospect. This Agreement shall inure to the benefit of all successors and assigns
of the parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their respective officials on the dates as shown.
VILLAGE OF MOUNT PROSPECT
By- X W16.� 'A
Date: 09
/
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COMMUNITY CONSOLIDATED
SCHOOL DISTRICT 21
By:
Date.,