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HomeMy WebLinkAbout7.5 A RESOLUTION ATUHORIZING 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 IMPROVEMENTSBETWEENItem Cover Page 41% wubject A RESOLUTION ATUHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT COMMUNITY CONSOLIDATED SCHOOL DISTRICT 21 AND OF MOUNT PROSPECT TO FACILITATE CONSTRUCTION OF THE ASPEN TRAILS STORMWATER IMPROVEMENTS 2=� .-:ebruary 2, 2021 P BOARD Attached please find a proposed intergovernmental agreement between Community Consolidated School District 21 and the Village of Mount Prospect to utilize a portion of school district property at Frost Elementary School (Aspen Drive) for construction of stormwater detention facilities at Aspen Trails Park. Please `w -'recall w - proposed Aspen• • ' 'include construction• 17 - underground stormwater detention -• w beneath wAspen Trails Park. Village has already executed an • District to construct the improvements on park district property. However! toconstruct the improvements.,w toutilizew portion ofschool iistrict property. Notably, the Village will absorb a small drainage lobe south of the our - underground vaults.Attachment depicts - location ofthis work. 1 In addition, we will over -excavate and install a small portion of the underground vaults, tncroaching upon school district property for a few feet along most of its southern boundary with the park district. The school will also allow us to stockpile black dirt that will be re -used as final cover in the park. The project will also include installation of a new gtorm drain on school district property to help improve drainage of the school's rear playground and improve playability of the turf area. Finally, all disturbed surface areas will be regraded and restored. This work is depicted in Attachment B. The gist of the agreement is that the school will allow a small part of its property to be utilized for neighborhood stormwater detention in return for the modest drainage improvements on Frost Elementary property mentioned above. The school district boarli and administration have verbally agreed to terms as inked. It is relevant to note that staff held a GoToWebinar neighborhood meeting on December 9, 2020 to discuss this proposed project with affected residents. The meeting was recorded and can be viewed on the project webpage at: https://www.mountprospect.org/departments/public-works/village-infrastructure- projects/aspen-trails-park-drainage-improvements or on YouTube at: https://youtu. be/BEr5549 m8. Approximately 30 residents attended the meeting and more than a dozen participated by submitting questions at registration or via a live chat room. In general, there was substantial support for the project as presented. The Aspen Trails Stormwater Improvements Project is presently in the design stage and is slated for public bidding in April. Construction of the stormwater improvements is on schedule to start this summer and be completed this fall. Alternatives 1. Pass a resolution authorizing the mayor to sign an intergovernmental agreement with Community Consolidated School District 21 to facilitate construction of the Aspen Trails Stormwater Improvements. 2. Action at the discretion of the village board. T'10161 I 111ILT11tv , Staff recommends that the village board pass 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. Village of Mt Pros pect_VMP-FROST SCHOOL IGA-1-15-21 RAC edits final.pdf Attachment 6 to VOM P _ FROST SCHOOL IGA. pdf Attachment A to VOM P_FROST SCHOOL IGA. pdf D21 Aspen Trails IGA. pdf KI 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 ILCS 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 conveyance system (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 Page 1 of 8 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: Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Definitions Section 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 sewer pipe and other storm water conveyance and/or storage appurtenances. Section 2.2. "Improvements" for purposes of this Agreement shall mean "Public Improvements". Section 3. Scope of the Agreement. Section 3.1. The Agreement will cover Improvements in Aspen Trails Park and a portion of Frost Elementary School property. Section 3.2. The proposed Improvements are conceptually represented in Attachment A and made a part hereof. Section 3.3. The proposed Improvements to Aspen Trails Park shall include, but not be limited to the following: a. The Public Improvements shall include the below ground stormwater detention facility basin, underdrains, inflow and outflow structures, storm sewer pipe, and other stormwater conveyance and/or storage appurtenances at Aspen Trails Park b. Additional Public Improvements on Frost Elementary School property shall include: i. 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. Page 2 of 8 ii. 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 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. Section 3.4. Mount Prospect agrees that it shall provide the School District with the ability to review and approve the plans and specifications 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. Section 4. Anticipated Project Schedule. Section 4.1. For Aspen Trails Park, the design and development of the proposed Aspen Trails Park Improvements commenced in 2020. Construction of proposed 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, Page 3 of 8 pre -construction and construction progress meetings and shall be permitted to observe the construction work in progress during normal business hours. Section 4.3. 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. Section 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. 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. Page 4 of 8 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. Section 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 mprovements. 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. Section 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 6. 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, Page 5of8 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. Section 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. Page 6 of 8 Section 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. Section 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 Agreement sets forth the Parties' understanding as to how the Public Improvements described herein will be carried out _doing forward. It should not be construed as irrevocably committing Parties to undertaking and completing the Improvements. Notwithstanding anything to the contrary 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/replacement/restoration work shall be paid for by and be the sole responsibility of Page 7 of 8 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 COMMUNITY CONSOLIDATED SCHOOL DISTRICT 21 :03 Date: Date: Page 8 of 8 ,qgi ffvp CD Ct) �z 111111111111111111 IIIIIIIIIIIIIIIIIN C:) m IIIIIIIIIIIIIIIIIN 04 r"I'll em"m n�Z z1116 llllmmmmmm IIII ; ......... ; C.) Coll) IIII IIIIf"lly,11,11,11, >-. 111111HU IIII lljj�� C.) 11111 H,Hmmmm mmmmilli IIIIz c)1116 IIIIIIIIIIIIIIIIIN 1111111111111111111111 101111111111111 1011111111111111 n .. ....... !t L� farl fup 11A 'qmu t aill ffvp 11A IIIIIIIIIIIIIIIIII 0 z oz 000 00m allmm 'qmu t aill ffvp 11A LA T- � 0 V C cn O >+ L D � = W CA y •X O W LL L O ca ca E U w 0111 Cc -1-i cn O Cc L cc CA cn Cc O O ,3: cn cn O ca Cn U Co RESOLUTION NO. 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 WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 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 separate 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 16 facilitate construction of the Aspen Trails Stormwater improvements attached hereto and made a part of this Resolution as Exhibit "A." 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: NAYS: ABSENT: PASSED and APPROVED this 2nd day of February, 2021 Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk D21 Aspen Trails IGA 17