===== PDF PAGE 24 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: ------ Resolution No. 23-R-0059 - Easement Agreement with the Forest Preserve District of DuPage County for the Klein COMMITTEE AGENDA DATE: July 6, 2023 Road Culvert Replacement Project COUNCIL AGENDA DATE: July 17, 2023 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE _________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_________ _ ITEM SUMMARY: In June 2022, the City received American Rescue Plan Act (ARPA) Grant through DuPage County Stormwater Management for Klein Road Culvert Replacement Project (Project) in the amount not to exceed $169,000.00. Subsequently, the City Council approved an Intergovernmental Agreement (IGA) with DuPage County on September 6, 2022, for acceptance of grant funds for construction costs. The IGA requires the City to substantially complete the project by October 31, 2024. The Project's scope includes the removal of the existing corrugated metal pipe culvert and two cast-in-place (CIP) junction chambers and replace it with a single-cell, 6' x 3' precast concrete box culvert with a CIP end section, solider pile retaining wall and a precast concrete junction chamber, full depth hot-mix asphalt (HMA) pavement removal and reconstruction, HMA resurfacing, widening and placement of 8-foot HMA bike path to accommodate for future Wayne Township's bike path project along Klein Road, HMA and aggregate shoulder construction, storm sewer improvements, temporary detour, thermoplastic pavement markings, fieldstone riprap installation, tree removals, native planting, landscaping, and other collateral work necessary to complete the project as described in the Project plans and specifications. Furthermore, the Project requires obtaining temporary and permanent easements from the Forest Preserve District of DuPage County (FPDDC) for proposed improvements in the West Branch Forest Preserve. The temporary construction easement is required for grading, construction of storm sewer culvert and headwall, and placement of rip-rap and fieldstone. The permanent easement is required for the City to maintain the storm sewer culvert, headwall, rip-rap, and fieldstone on the FPDDC Property. A copy of the Easement Agreement with the FPDDC is enclosed. The City Council rejected all bids for the Project on June 5, 2023, due to the Project being significantly over budget. Staff is going to re-bid the Project in July 2023, with a proposed completion date in summer 2024, to receive more bids that are competitive. Concurrently, the staff is also working with the DuPage County Stormwater Management team to request additional grant funding for the Project, which will require an amendment to the IGA with DuPage County. The amendment to the IGA will be presented to the City Council under a separate agenda item. ACTIONS PROPOSED: Approve Resolution No. 23-R-0059 authorizing the Mayor to execute the Easement Agreement with the Forest Preserve District of DuPage County for the Klein Road Culvert Replacement Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] RESOLUTION NO. 23-R-0059 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY FOR THE KLEIN ROAD CULVERT REPLACEMENT PROJECT BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute the Easement Agreement with the Forest Preserve District of DuPage County (FPDDC) for the construction and maintenance of stormwater improvements on the FPDDC property as part of the Klein Road Culvert Replacement Project, as attached hereto and incorporated herein as Exhibit "A''. APPROVED this 17th day of July 2023. AYES: NAYS: ABSTAIN: ABSENT: Mayor, Ruben Pineda ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] Prepared by and return to: Forest Preserve District of DuPage County C/O Land Preservation Manager P.O. Box 5000 Wheaton, IL 60189-5000 Property Address: VACANT LAND P.l.N.: 01-22-400-015 and 01-22-401-001 East and West sides of Klein Road and North of Meadowlark Drive West Chicago, IL AN EASEMENT AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY AND THE CITY OF WEST CHICAGO FOR STORMWATER IMPROVEMENTS WITHIN PORTIONS OF WEST BRANCH FOREST PRESERVE THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is effective upon being signed by all parties and is made and entered into by and between the Forest Preserve District of DuPage County, a body politic and corporate (hereinafter referred to as the "DISTRICT") and the City of West Chicago, a municipal corporation (hereinafter referred to as the "CITY"). The FOREST PRESERE DISTRICT and the CITY are sometimes referred herein individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, the DISTRICT owns certain property commonly known as the West Branch Forest Preserve (hereinafter "West Branch"); and WHEREAS, the CITY is in the design stage for the replacement of the culvert under Klein Road and construction of stormwater improvements on either side of Klein Road; and WHEREAS, the CITY requests the granting of permanent easements and temporary easements to allow for the construction of stormwater improvements (storm sewer, rip-rap and field stone) within certain portions of West Branch related to the culvert replacement project on Klein Road; and WHEREAS, the DISTRICT and the CITY are municipalities as defined in Section l(c) of the Local Government Property Transfer Act, 50 ILCS 605/l(c), hereinafter referred to as the "Transfer Act"; and WHEREAS, Section 2 of the Transfer Act authorizes transfers of real estate, or interests therein, between municipalities for any public purpose upon such terms as are agreed to by the corporate authorities of the respective municipalities; and Easement Agreement X-300-01 BE - West Branch Forest Preserve - 1 ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] WHEREAS, in accordance with Section 2 of the Transfer Act, the CITY, pursuant to a duly passed ordinance, has determined that it is necessary to be granted permanent easements and temporary easements for the construction of stormwater improvements (storm sewer, rip-rap and field stone) within certain portions of West Branch, such certain portions of West Branch are depicted in Exhibit A and legally described in Exhibit B, both of which are attached hereto and made a part hereof (hereinafter referred to as "Easement Premises"); and WHEREAS, the DISTRICT has determined that it is reasonable, necessary and in the public interest and welfare to grant the CITY permanent easements and temporary easements subject to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the foregoing preambles and the promises, terms and conditions set forth herein, the Parties agree as follows: 1.0 INCORPORATION OF RECITALS 1.1 The recitals set forth above are incorporated herein and made a part of this Agreement. 2.0 EASEMENT GRANTED 2.1 The DISTRICT hereby grants the CITY non-exclusive permanent easements and temporary easements for the construction of stormwater improvements (storm sewer, rip-rap and field stone) within the Easement Premises on the terms and conditions as provided for in this Agreement. 2.2 The temporary easements granted herein shall expire upon DISTRICT written approval of the restoration of the Easement Premises. 2.3 The permanent easements granted herein shall expire 99 years after the date of this Agreement on---- ----- 3.0 SCOPE OF PROJECT 3.1 The CITY shall design, permit, and construct the stormwater improvements within West Branch. Implementation of the stormwater improvements shall be in accordance with the plan drawings titles "KLEIN ROAD OVER UNNAMED TRIBUTARY TO WEST BRANCH DU PAGE RIVER CULVERT REPLACEMENT", dated 4/11/23, and prepared by Engineering Resource Associates (hereinafter referred to as the "Final Plan"). The Final Plan shall be deemed incorporated herein by reference but without attaching said document hereto due to its size. 3.2 The CITY shall pay all fees and costs necessary to design, permit, construct and implement the stormwater improvements and as provided for in this Agreement. 3.3 The CITY shall notify the DISTRICT'S designated project representative (Kevin Stough, kstough@dupageforest.org) no less than five business days prior to the first access to the Easement Premises. The CITY shall notify the DISTRICT no less than six weeks prior to any future construction project within the Easement Premises related to the stormwater improvements in accordance with the notice provisions in paragraph 11.0 herein. The CITY shall make any independent contractor accessing the Easement Premises aware of the terms and conditions of this Agreement. Easement Agreement X-300-01 BE - West Branch Forest Preserve - 2 ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] 3.4 The CITY shall notify the DISTRICT'S designated project representative within two (2) days after the completion of the restoration of the Easement Premises. 4.0 EASEMENT FEE 4.1 In consideration that the CITY has waived permit fees and other fees for DISTRICT projects, the DISTRICT hereby waives the Easement Fee. 5.0 PERMITS AND APPROVALS 5.1 The CITY shall complete the design of the stormwater improvements, including all plan sets, drawings, specifications, and cost estimates. The CITY agrees to cooperate with the DISTRICT regarding any significant proposed changes, alterations, or modifications to the Final Plans including, but not limited to any field adjustments or change orders, by providing reasonable advance notification and opportunity for review and comment. 5.2 The CITY shall obtain all necessary permits or other approvals required for the stormwater improvements. The CITY shall also comply with all applicable federal, state, and local laws, rules and regulations (including, but not limited to, those relating to safety) whenever it performs any work on the Easement Premises or exercises any rights conferred under this Agreement. 5.3 The CITY agrees to provide the DISTRICT with as-built record drawings of the stormwater improvements within ninety (90) days following completion of the stormwater improvement project. 6.0 INSURANCE 6.1 Before commencing with access to and work activities within the Easement Premises, the CITY and each contractor engaged to perform any work on the Easement Premises shall obtain the following insurance coverages, which shall be maintained in force until the DISTRICT has accepted the restoration work within the Easement Premises: (a) Workers' Compensation Insurance with limits as required by the applicable statutes of the State of Illinois. (b) Employer's Liability Insurance with limits as required by the applicable statutes of the State of Illinois. (c) Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence bodily injury/ property damage combined single limit; $2,000,000 aggregate bodily injury/property damage combined single limit. The Commercial General Liability policy shall include, but not be limited to, the following: (i) premises/operations coverage; (ii) products/completed operations coverage; (iii) contractual liability coverage (specifically covering the indemnification obligations referred to in paragraph 9); (iv) personal injury coverage (with the employment exclusion deleted); (v) broad form property damage coverage; (vi) explosion, collapse and underground coverage; and (vii) independent contractor liability coverage. (d) Comprehensive Motor Vehicle Liability Insurance with limits of not less than $2,000,000 each accident bodily injury/property damage combined single limit. Easement Agreement X-300-01 BE - West Branch Forest Preserve - 3 ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] The policy of Commercial General Liability Insurance shall provide "occurrence" based coverage and shall include an endorsement naming the DISTRICT as additional insured. 6.2 The coverage limits specified in subparagraphs (c) and (d) may be satisfied through a combination of primary and excess insurance. The foregoing insurance coverages shall be provided by companies authorized to transact business in the State of Illinois and with a "Best" rating of "A" or higher. The CITY and its contractors shall provide the DISTRICT with a Certificate of Insurance for each of the coverages specified above and, if requested, copies of the policies issued by the insurers prior to the commencement of any work on the Easement Premises. Each certificate and policy shall provide that no cancellation or modification of the policy will occur without at least 30 days' prior written notice to the DISTRICT. The CITY shall not allow any contractor to commence work on the Easement Premises until all the insurance coverages required under this paragraph have been obtained and satisfactory evidence thereof has been furnished in writing to the DISTRICT. Each contract between the CITY and a contractor performing work on the Easement Premises shall provide that the DISTRICT is intended as a third-party beneficiary of the insurance obligation that is required of the contractor under this paragraph. 6.3 The CITY shall procure and maintain a policy of Commercial General Liability Insurance providing coverage for bodily injury and property damage claims arising on or from the use of the Easement Premises. The policy shall (a) provide "occurrence" based coverage; (b) be issued by a company authorized to transact business in this State under the Illinois Insurance Code and acceptable to the DISTRICT; (c) include an endorsement naming the DISTRICT as an additional insured; (d) include contractual liability coverage; and (e) not be subject to cancellation or modification without at least 30 days' written notice to the DISTRICT, unless otherwise agreed to in writing between the CITY and DISTRICT. The CITY shall provide evidence of said insurance coverage during the work activities on the stormwater improvement project and as requested thereafter by furnishing the DISTRICT with a current Certificate of Insurance and, if requested, a certified copy of the policy issued by the insurer. 7 .0 CONSTRUCTION ACTIVITY 7.1 All construction activities shall be confined to the Easement Premises. No construction personnel or equipment shall be permitted outside the Easement Premises while engaged in construction activities. 7.2 The DISTRICT shall not be responsible for or have control over the construction means, methods, techniques, or procedures with respect to the construction of the culvert and stormwater improvements project. In no event shall the DISTRICT be responsible for or have any obligation with respect to the safety of any person performing work on the Easement Premises, including, but not limited to, the employees of the CITY or of any contractor, subcontractor, agent, or consultant. 7.3 The CITY shall maintain the Easement Premises in accordance with applicable safety rules and regulations. 7.4 In the event the CITY, its employees or agents, or any contractor or subcontractor engaged to perform work on the Easement Premises causes any damage to trees, shrubs, or other vegetation or landscaping, or any improvements lying outside the boundaries thereof, the CITY shall pay the cost of replacement in the case of trees, shrubs or other vegetation, and in the case of landscaping or improvements, shall pay the cost of restoration and repair. Said Easement Agreement X-300-01 BE - West Branch Forest Preserve - 4 ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] costs shall be calculated at current replacement costs as reasonably determined by the DISTRICT for all material, labor and incidentals necessary for a complete restoration and repair. In addition to paying for the cost of restoration and repair, the CITY shall pay the DISTRICT an amount equal to 15 percent of the cost of restoration and repair for administrative and supervision expenses. 8.0 RESTORATION 8.1 Following completion of the culvert replacement project, all areas affected or disturbed within the Easement Premises shall be properly restored in accordance with the Final Plan. All restoration shall be subject to the approval of the DISTRICT'S Executive Director. 8.2 If the CITY fails to properly restore the Easement Premises within 45 days of service of the DISTRICT'S written demand for the restoration work, the DISTRICT shall have the right to take such action as it deems necessary to perform the restoration or corrective work, which shall include the authority to (a) perform the work with its own personnel and (b) engage the services of an independent contractor to perform the work. If the costs and expenses incurred by the DISTRICT in repairing the damage exceed the amount of the restoration deposit provided to the DISTRICT, the CITY shall reimburse the DISTRICT for costs associated with said restoration or corrective work within 30 days of service of the DISTRICT'S written demand for payment. In addition to paying for the cost of restoration, the CITY shall pay the DISTRICT an amount equal to 15 percent of the cost of restoration for administrative and supervision expenses. 9.0 INDEMNIFICATION 9.1 To the extent permitted by law, the CITY shall defend, save, and hold harmless the DISTRICT, its elected officials, officers, employees and agents from any and all claims, liabilities, causes of action, losses, damages and for all costs and expenses related thereto, including, without limitation, reasonable attorney and expert witness fees that may at any time arise or be claimed by any person or entity as a result of bodily injury, sickness, death or property damage, or as a result of any other claim or suit of any nature whatsoever, allegedly arising out of or in any manner connected with, directly or indirectly, the construction activities, when such bodily injury, sickness, death, property damage or other claim is allegedly caused by a negligent or intentional act or omission on the part of the CITY or its contractors, subcontractors, engineers, consultants, employees, or agents. 9.2 To the extent permitted by law, the CITY shall also defend, save, hold harmless and indemnify the DISTRICT from any and all claims, liabilities, causes of action, losses and damages that may arise or be claimed by any person or entity for bodily injury, sickness, death or property damage, or for any other claim or suit of any nature whatsoever, arising from or in any manner connected with, directly or indirectly, any defect in the new culvert and stormwater improvements caused by defective materials, workmanship or construction methods. 9.3 The obligation on the part of the CITY to defend, hold harmless and indemnify the DISTRICT is perpetual. 9.4 The CITY shall require each contractor who performs any work on the Easement Premises, to defend, hold harmless and indemnify the DISTRICT to the same extent as required of the CITY under paragraph 9.0, and the CITY shall include in all of its contracts a statement expressly declaring the DISTRICT to be a third-party beneficiary of the indemnification Easement Agreement X-300-01 BE - West Branch Forest Preserve - 5 ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] provision. 9.5 The CITY shall promptly pay all costs and expenses relating to any and all work within the Easement Premises and shall not allow any liens on DISTRICT property as a result of the work. To the extent permitted by law, the CITY shall defend, indemnify and hold the DISTRICT harmless from any and all liens, costs and expenses arising from any work performed under this Agreement. 10.0 BREACH OF AGREEMENT 10.1 If a Party reasonably believes that a breach of this Agreement has occurred or is occurring, the Party shall serve written notice thereof upon the Party committing or permitting such breach to occur, specifying in detail the breach and the facts supporting such claim. The Party alleged to have committed the breach shall have 30 days within which to cure the violation. If the Party in violation is the CITY, and the CITY fails to cure the breach within the 30-day period, the DISTRICT may pursue monetary damages or specific performance provided that the 30-day cure period shall be extended for a reasonable time if the CITY has undertaken to cure the breach within the 30-day period and continues to diligently and in good faith to complete the corrective action. Given the importance of the culvert and stormwater improvements project to public health and safety, remedies available to the DISTRICT do not and shall not include termination of this Agreement or prevention of access to the Easement Premises. 10.2 Action by any Party to enforce this Agreement shall be without prejudice to the exercise of any other rights provided herein or by law or in equity to remedy a breach of this Agreement, subject to the terms of the preceding Paragraph 10.1. 10.3 A waiver by a Party of any breach of one or more of the terms of this Agreement on the part of the other Party shall not constitute a waiver of any subsequent or other breach of the same or other term, nor shall the failure on the part of a Party to require exact, full and complete compliance with any of the terms contained herein be construed as changing the terms of this Agreement or estopping a Party from enforcing full compliance with the provisions set forth herein. No delay, failure, or omission of a Party to exercise any right, power, privilege, or option arising from a breach shall impair any right, privilege, or option, or be construed as a waiver or acquiescence in such breach or as a relinquishment of any right. No option, right, power, remedy or privilege of the Parties shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, power, privileges, and remedies given to the Parties under this Agreement and by law shall be cumulative. 11.0 NOTICES 11.1 All notices required to be given under the terms of this Agreement shall be in writing and served by certified or registered mail, return receipt requested, properly addressed with the postage prepaid and deposited in the United States mail. Notices served upon the DISTRICT shall be directed to the Executive Director, Forest Preserve District of DuPage CITY, P.O. Box 5000, Wheaton, IL 60189-5000. Notices served upon the CITY shall be directed to the City Administrator, City of West Chicago, 475 Main Street, West Chicago, IL 60185. Any Party may designate a new location for service of notices by serving notice of the change in accordance with the requirements of this paragraph. Easement Agreement X-300-018E - West Branch Forest Preserve - 6 ===== PDF PAGE 32 ===== [Extraction: embedded PDF text] 12.0 MISCELLANEOUS TERMS 12.1 All rights, title and privileges herein granted, including all benefits and burdens, shall be binding upon and inure to the benefit of the Parties hereto, their respective successors and assigns. 12.2 The DISTRICT hereby reserves the right to use, or permit to be used, the Easement Premises in any manner that will not prevent or materially interfere with the exercise by the CITY of the rights granted herein. 12.3 This Agreement shall be construed in accordance with the laws of the State of Illinois. The jurisdiction and venue for resolving any disputes concerning the Parties respective performance, or failure to perform, under this Agreement, shall be in the 18th Judicial Circuit Court, DuPage County, Illinois. 12.4 If any Party initiates any legal proceeding or action, whether at law or in equity, to enforce any provision of this Agreement, the prevailing Party (as determined by the court) shall be entitled to recover its reasonable costs and expenses incurred in connection with said proceeding or action, including, but not limited to, reasonable expert witness and attorney fees. 12.5 The DISTRICT shall be responsible for recording this Agreement, at its expense, in the Office of the Recorder of Deeds, DuPage County, and for providing the DISTRICT with a recorded copy. 12.6 The provisions set forth herein represent the entire agreement between the Parties and supersede any previous oral or written agreements, as it is the intent of the Parties to provide for a complete integration within the terms of this Agreement. No provision may be modified in any respect unless such modification is in writing, duly approved and signed by all Parties. 12.7 This Agreement shall be construed in accordance with the laws of the State of Illinois. 12.8 This Agreement shall be executed in duplicate, and each Party shall retain a fully executed original, all of which shall be deemed to be one Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates stated below. FOREST PRESERVE DISTRICT OF CITY OF WEST CHICAGO DUPAGE COUNTY BY: _ _ _____ _____ _ Daniel Hebreard, President Ruben Pineda, Mayor ATIEST:_____ _____ _ ATIEST: - ----------- - Judith Malahy, Secretary Va Ier i a Perez, Executive Office Manager Date signed:_ _______ _ Date signed:_ ______ ___ _ Easement Agreement X-300-01 BE - West Branch Forest Preserve - 7 ===== PDF PAGE 33 ===== [Extraction: embedded PDF text] PARCEL INDEX NUMBER 01-22-400-015 EXHIBIT 01-22-401-001 ABBREVIATIONS E EAST N NORTH POB POINT OF BEGINNING s SOUTH IV WEST c~ PERMANENT EASEMENT r---, L---' TEMPORARY EASEMENT SCALE: 1"=100' POB TEMPORARY EASEMENT A DISTANCE BEARING POB PERMANENT L1 41 .00' N00'56'02"E EASEMENT B L2 19.00' S89'03'58"E L3 41.00' S00'56'02"W 33' L4 19.00' N89.03'58"W LS 19.00' N00'56'02"E POINT OF BEGINNING 66' FOREST PRESERVE L6 6.00' S89'03'58"E TEMPORARY DISTRICT OF DUPAGE L7 60.00' S00'56'02"W EASEMENT B 25.00' N89'03'58"W COUNTY L8 >'.. P.l.N.: 01-22-401-001 N88'48'51 "W .D L9 10.00' L10 26.00' N00'56'02"E "O L11 7.00' S88'36'02"E 20 L12 17.00' N00'56'02"E "Oa. WEST RIGHT OF L13 3.00' S89'03'58"E :::> WAY LINE OF EAST RIGHT OF WAY KLEIN ROAD AS LINE OF KLEIN ROAD L14 42.99' S00'56'02"W Cl ~ MONUMENTED AS MONUMENTED L15 10.00' N89'03'58"W "O AND OCCUPIED AND OCCUPIED L16 58.54' N00'56'02"E cri L17 58.49' S00'56'02"W x w L18 75.46' Noo·s5'02"E L19 10.00' S89'03'58"E 1--z w L20 58.52' S00'56'02"W ~ Vl wc(