IGA County of DuPage & VOB for Mowing Along County Road 03-08-2011 Kci.tI tU MAY 18 2011 R E S O L U T I O N
DT-0014-11
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE AND
THE VILLAGE OF OAK BROOK
FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY
(COUNTY COST $4,753 .00 PER YEAR FOR THREE YEARS)
WHEREAS, it is in the public interest that the County of DuPage
enter into an Intergovernmental Agreement for mowing of grass, weeds
and other vegetation growing along the roads and rights of way under
the jurisdiction of the County of DuPage; and
WHEREAS, the County Board has examined the agreement attached
hereto.
NOW, THEREFORE, BE IT RESOLVED by 'the DuPage County Board as
follows:
1. That the "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU
PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS
AND RIGHTS OF WAY" be attached hereto and made a part of this
resolution
2 . That the signature of the Village of Oak Brook Highway
Commissioner and the Village Clerk be affixed on said Agreement,
and that the agreement be hereby ratified by the DuPage County
Board
3 . That the County Board Chairman and the County Clerk execute this
agreement on behalf of the DuPage County Board
and
BE IT FURTHER RESOLVED that the County Clerk shall transmit a
certified copy of this Resolution and agreement to the Village of Oak
Brook, by and through the Division of Transportation.
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Enacted and approved this 26th day of April, 2011, at Wheaton,
Illinois.
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Ayes: 17
Absent: 1 Danie J. Cr in, Chairman
DuPage Count Board
ATTEST:
Gary A. g, County C1
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK
FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY j
This intergovernmental agreement (hereinafter referred to as
"Agreement") , entered into as hereinafter set forth, by and between
the County of DuPage, a body corporate and politic of the State of
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Illinois (hereinafter referred to as the "COUNTY") and the Village
of Oak Brook (hereinafter referred to as the "VILLAGE") , a municipal
corporation. The COUNTY and the VILLAGE are hereinafter individually j
referred to as a "party" or together as the "parties."
WITNESSETH
WHEREAS, the COUNTY and the VILLAGE are authorized by the 1970
Illinois Constitution, Article VII, Para. 10 and the I
Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. , to contract
with each other; and
WHEREAS, the VILLAGE agre "to muw. rass, weeds and other
vegetation along certain. rp ds and. ri.gh f way which are within
the maintenance jurisdictibon of the COUNT and within the corporate
limits of the VILLAGE ;as�,frollows ,°.(hereinaft"e referred to as "COUNTY
MOWING") : ,
COUNTY.'MOWING
Route Number Hig way Name Lo ion
25 Meyers Road . 35th St. to 38th St.
IS 3CJ
Median Only
34 31st Street Regent Dr. to Jorie
Blvd. , Medians Only
34 31st Street Spring Rd. to York Rd. ,
Right-of-way
34 31St Street Medians - Spring Rd. to
York Rd.
g York Road 31St St. to Golf Course
Entrance
g York Road Graue Mill
and
WHEREAS, the COUNTY and the VILLAGE have determined that it is
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in the best interest of the citizens of DuPage County and the
residents of Oak Brook for the VILLAGE to provide mowing along the
above listed County Highways subject to the following GENERAL
CONDITIONS AND SPECIFICATIONS:
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GENERAL CONDITIONS
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1. The VILLAGE shall visit the site of the proposed work, and shall
investigate, examine and familiarize itself with the premises
and conditions relating to the work to be done in order that it
may understand the difficulties and restrictions required to
complete the work to be done under this Agreement. f
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2. The VILLAGE shall furnish all labor, materials, equipment and
transportation necessary to complete five (5) cycles and two (2)
intermediate mowing(s) as necessary of COUNTY MOWING per year
for three (3) years under the terms and conditions herein set
forth. All materials and equipment shall be in strict
compliance with the specifications hereinafter set forth;
however, if no specifications are set forth for particular
materials or equipment such material or equipment shall be of
such specifications as are reasonably necessary and appropriate
to carry out the terms and co itions of this Agreement. All
labor and transportation l-- erformed in accordance with
the highest professiopaA and techn 1 standards in the field. i
3. At the sole option o the COUNTY, the -Vj,LLAGE shall furnish all i
labor, materials, es ipment and transpoaton necessary to
complete an additional cycle of COUNTY MOWING, or of any portion
or portions of saifh COUNTY MOWING, under the- terms and
conditions herein et forth. The COUNTsYiall give written
notice to the VILLZE of the ±portion ':orortions of roads and
rights of way to be mowed during the additional mowing cycle not
less than seven (7) days prior to the required starting date. i
4. The safety of persons and pr p`e''r y of _the VILLAGE, the COUNTY,
and the general public is of primary concern, and shall take
priority over all other terms and conditions of this Agreement.
5. All equipment and materials furnished by the VILLAGE shall meet
or exceed all safety standards for mowing prescribed by O.S.H.A.
The VILLAGE agrees, covenants, and understands that the VILLAGE
bears sole liability for any injury or damage caused by the
VILLAGE under this Agreement and that the COUNTY shall not
accept any liability whatsoever from the VILLAGE except where
any injury or damage is caused by the COUNTY.
6. The VILLAGE shall, at all times, fully indemnify, hold harmless
and defend the COUNTY, County Officers, agents, employees and
board members from any and all claims and demands, actions and
causes of action of any character whatsoever, made by any person
or party on account of negligent or malicious acts of the
VILLAGE, their contractors or persons otherwise associated with
the VILLAGE growing out of the performance of the terms and
conditions of this Agreement.
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7. At all times during the period of this Agreement, the VILLAGE
and, if applicable, their contractor shall maintain the
following insurance coverage (s) , or be self-insured to cover
the following:
(a) Worker' s Compensation Insurance in the statutory
amounts.
(b) Employer' s Liability Insurance in an amount not less
than five hundred thousand ($500, 000.00) dollars each
accident/injury and five hundred thousand
($500, 000.00) each employee/disease.
(c) Commercial General Liability Insurance with a limit
of not less than three million dollars ($3, 000, 000)
total; including limits of not less than one million
($1, 000, 000) dollars per occurrence and two million
($2, 000, 000) dollars excess liability in the annual
aggregate injury%pro erty damage.
(d) Commercial u—Mommobile Li qty Insurance with
minimum ;ls of at least eve million ($1, 000, 000)
dollars' CaILt.ined Single. Liini (Each Accident) .
(e) The cover-age, limits required; rider subparagraphs (c)
and (d) bove may be satisfed�through a combination
Of prima and excess .coverag The VILLAGE shall not
allow' anyb,contractor to commee work until all the
insurance' coverage (s) required under this insurance
section have been obtained. Satisfactory evidence of
contractor.'s insu .� g including endorsements shall
be providedby the* y LAGE to the COUNTY immediately
upon request. ' Additionally, the VILLAGE shall
include in all of its contracts a statement expressly
declaring the COUNTY to be a third-party beneficiary
of the insurance requirements provided for in this
insurance section.
(f) It shall be the duty of the VILLAGE to provide to the
COUNTY, copies of the VILLAGE' s Certificates of
Insurance, as well as all applicable coverage (s) and
endorsements, before the work that is a part of this
Agreement can proceed.
(g) The insurance required to be purchased and maintained
by the VILLAGE and if applicable, their contractor,
shall be provided by an insurance company acceptable
to the COUNTY, and licensed to do business in the
State of Illinois; and shall include at least the
specific coverage and be written for not less than
the limits of the liability specified herein or
required by law or regulation whichever is greater;
and shall be so endorsed that the coverage afforded
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will not be canceled or materially changed until at
least sixty (60) days prior written notice has been
given to the COUNTY except for cancellation due to
non-payment of premium for which at least fifteen
(15) days prior written notice (five days allowed for
mailing time) has been given to the COUNTY. i
(h) It is the duty of the VILLAGE to immediately notify
the COUNTY if any insurance required under this
Agreement has been cancelled, materially changed, or
renewal has been refused, and the VILLAGE shall
immediately suspend all work in progress and take the i
necessary steps to purchase, maintain and provide the
required insurance coverage. If a suspension of work j
should occur due to insurance requirements, upon 1
verification by the COUNTY of the required insurance
coverage, the COUNTY shall notify the VILLAGE that
the VILLAGE can proceed;w.th the work that is a part
of this Agreement. Failure to provide and maintain I
the required in ;Tanee, overage could result in the
immediate. 'ca tellation __of his :Agreement, and the
VILLAGE sh,a , accept and bekt all costs that may j
result .fr_i the cancellation%pf this Agreement due to
the VILLACE's or::.if`.applicabl their contractor' s
failure 66 provide and maintain- the required j
insuranc
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(i) The ViILA E' s and if at"pplicab ,; their contractor' s j
insurance as required by,rparagraphs (c) and (d) above
shall name the COUNTY,, its officers , and employees as
additional insureAries. The Certificate of
Insurance/endorse enN shall state: `"The County of
DuPage, its officers, and employees are named as i
additional insured"(s) 'as defined in the Commercial j
General Liability Insurance and Commercial Automobile i
Liability Insurance policies with respect to claims
arising from the VILLAGE' s performance under this
Agreement."
(j ) If the VILLAGE will be using their own forces for the
work covered in this Agreement, the VILLAGE shall
inform the COUNTY in writing following execution of
this Agreement. If, however, the VILLAGE will be
hiring a contractor for the work covered in this
Agreement, the VILLAGE shall inform the COUNTY in
writing following execution of this Agreement and
shall provide a copy of said contract to the COUNTY
upon request.
8. The terms and conditions of this Agreement may be amended or
supplemented by written statement of the parties to make such
amendment or supplement. The parties agree that no oral change
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orders will be allowed and that no claim based upon any
purported oral change order shall be made.
9. The terms and conditions of this Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
10. All State and Federal Laws insofar as applicable to COUNTY
contracts shall be hereby specifically made apart of this
Agreement as set forth herein.
11. This Agreement shall be governed by the laws of the State of
Illinois. The forum for resolving any disputes concerning the
parties' respective performance, or failure to perform, under
this Agreement, shall be the judicial circuit court for DuPage
County.
12. In the event, any provisions :af this Agreement is held to be
unenforceable or invalid for y reason, the enforceability
thereof shall not affect xeaider of the Agreement. The
remainder of this Agreement shall, b on6t.rued as if not
containing the parti.clar provision aid shall continue in full 11.1
force, effect, and forceabillty, in cordance with its terms.
13. This Agreement maybe terminated at any -ime by submission to
the other party of written thirty (30). des advance notice
served by certifieW or registered mail Qeturn receipt
requested, properl �addressed with post, e::'prepaid and said
notice shall be effective .upon receipt as verified by the United
States Postal Service, to the following addresses:
FOR THE VILLAGE• FOR THE COUNTY:
Village Manager County Engineer
Village of Oak Brook DuPage County
1200 Oak Brook Road Division of Transportation
Oak Brook, Illinois 60523 421 North County Farm Road
Wheaton, Illinois 60187
14. This Agreement shall remain in full force and effect after
execution by the parties as set forth below until November 15,
2013, unless terminated by thirty (30) days written notice to
the other party as referenced above.
SPECIFICATIONS
1. All grassy areas heretofore set out in COUNTY MOWING shall be
mowed from the edge of shoulder or back of curb to the right of
way line. Median and island areas are also included as part of
this Agreement and shall be mowed back to back of curb.
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2. Grass shall be mowed to the height of three (3) inches.
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3. All mowing shall be performed in a manner to produce a finished
appearance which is acceptable to the COUNTY. Such
acceptability shall be based upon the reasonable application of
professional standards in the mowing industry. The opinion of
the DuPage County Division of Transportation Highway Operations
Manager shall constitute prima facie evidence of a reasonable
application of such professional standards.
4. Hand-cutting or cutting along fences and guardrails is included j
as part of the Agreement.
5. Hand-cutting around landscaping and other obstructions within
the right of way shall be part of this contract. Grass cuttings
shall not be allowed on roadways or curbs. Large grass clumps
shall not remain on cut areas: Such cuttings or clumps shall be
removed or blown clean.
6. Pick up of typical roadway trash ,(bt Iles, cans, paper, plastic
bags, and miscellaneozz small- debr is will be the responsibility
of the VILLAGE and s alt: be included ij,�th6... cost of mowing. Any
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areas where materials are encountered. t at would not be
classified as "typihal roadway trash" `.should be referred to the
DuPage County Highay Operations Manager o'r removal.
7. Damage caused by the, VILLAGE' to turf arfas `shall be repaired to f
the satisfaction of the County Highway Operations Manager
prior to payment for the cycle in 'which damage occurred.
8. The VILLAGE shall protect all- Vv±k sites' with proper traffic
control as specified in the current "Manual of Uniform Traffic
Control Devices" and applicable "standards as included in these
special provisions, and appropriate at any particular site. The
safety of employees and the public shall be of primary concern.
9. Roadways shall be kept open to traffic in both directions at all
times. The loading and unloading of materials and/or equipment
shall be done in a protected area completely off the traveled
roadway. If it is necessary for a slow moving piece of
equipment to travel for a short distance along the roadway, this
piece of equipment shall be accompanied by a properly equipped
escort vehicle during the entire time that it occupies any
portion of the traveled roadway. The escort vehicle shall be
equipped with an amber-colored, rotating-type warning light
mounted on or above the cab of the escort vehicle. The escort
vehicle shall also be equipped with two (2) amber colored
flashing lights mounted to the rear of the escort vehicle at a
minimum height of six (6) feet.
10. No equipment or material shall be stored on the pavement or
shoulders at any time.
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11. The starting date for each year' s mowing cycle shall be no later
than the following:
First Mowing - May 1
Second Mowing - June 1
Third Mowing - July 1
Fourth Mowing - August 1
Fifth Mowing - September 15
Two (2) intermediate mowings are to be completed as weather and
grass conditions warrant.
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12. The COUNTY shall pay the VILLAGE $679 within forty-five (45)
days of receipt of invoice after the completion of each mowing I
cycle of 6.79 acres.
13. The final invoice for all mowing shall be submitted no later
than November 15th of each yoar fot the term of this Agreement.
14. Additions or deductions tohewg `acres may be required
during the mowing seaso-h and w1.11 be one at the sole discretion
of the COUNTY. Addit,�lons_ or deduction will be made to the
payment due for a miming cycle at a unit price of One Hundred i
Dollars per acre ($x'00 A0 per acre) Tie DuPage County Division I
of Transportation !kIll notify the VILLAS& in writing, of any
additions or deductions made `in the mowig cycle acres.
IleY
1839 i
WHEREAS, this Agreement .may .be executed in two or more �
counterparts, each of which shalf`be deemed an original and all of
which shall be deemed one in the same instrument.
WHEREAS, this Agreement shall become effective on the day on
which both parties hereto have executed this document.
IN WITNESS WHEREOF, the parties hereto have each caused this
Agreement to be executed by their duly authorized officers and to be
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attested to and their corporate seals to be hereunder affixed.
COUNTY OF DU PAGE
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Signed this oXrf day of ApO , 2011, at Wheaton,
Illinois.
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JD heel J. Cro in, Chairman
DuPage County Board
ATTEST:
Gary.`A `,Ming, County lerk
DU
VILLAGE OF OAK BROOK lop, !
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Signed this dU of , 2 11, at Oak Brook,
Illinois.
v
Craig, eside
-� - illage of Oak Brook
G V d
TEST: �
Ou Nri Charlotte K. Pruss, Village Clerk
Village of Oak Brook
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ITEM (i.I.
vG� OF Ogke�O
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CO U NT'i'
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 8, 2011
SUBJECT: Intergovernmental Agreement with Du Page County for Mowing Along County
Road Rights of Way.
FROM: Michael Hullihan, Director of Public Work
BUDGET SOURCE/BUDGET IMPACT: Work performed under this agreement is done on a
cost reimbursable basis.
RECOMMENDED MOTION: I move that the Village Board approve an
Intergovernmental Agreement with Du Page County for
mowing along county road rights of way.
Background/History
Since 2003 the Village has contracted for mowing services on 679 acres of County road rights
of way within the Village. This current agreement was requested by the County in order to
bring insurance requirements up to date. The Village is reimbursed for these services at a rate of
$679 per mowing. While the Village expends $843 per mowing these areas, we require other
services (litter pickup, herbicide application) which are over and above the minimum County
specifications.
In this regard,attached please find a copy of an agreement entitled.which the Village of Oak Brook needs to
execute.
Recommendation:
I recommend that the board approves execution of the agreement.
�'§0 io Uy�o�
DuPage County
DANIEL J. CRON N
DIVISION OF TRANSPORTATION COUNTY BOARD CHAIRMAN
(630)407-6900 FACSIMILE(630)407-6901
February 15, 2011
Mr. David Niemeyer
Village Manager
Village of Oak Brook
1200 Oak Brook Road v 4
Oak Brook, Illinois 60523
Re: Intergovernmental Agreement for Mowing
Along County Road and Rights of Way
Dear Mr. Niemeyer:
Enclosed are two duplicate original Intergovernmental Agreements between the County of DuPage and
the Village of Oak Brook for mowing along County Road and rights of way for the next three mowing
seasons. Please review paragraph 7 (insurance requirements/notification of contractor or by own
forces) as this section has been updated from the previous mowing agreement. If this agreement is
acceptable, please have both originals signed and returned to Agnes Dolan at the address listed below
together with the insurance/endorsements as required in paragraph 7 of the General Conditions of the
Agreement. A fully executed original will be returned to you after approval by the County Board.
Thank you for your cooperation and support of this intergovernmental effort. If there are any
questions or you need any additional information in your review of this agreement, please feel free to
contact me at 407-6900.
Very truly yours,
P. Kos,P.E.
Director of Transportation and Operations
Enc./ad
Cc: J. Kawka/DOT
A. Dolan/DOT
0 421 N.COUNTY FARM ROAD WHEATON,H.60187-2553 0
LIVED MAY 182011
DuPage County
DIVISION OF TRANSPORTATION �-% COUNTY Bo RD CHAIRMAN
(630)407-6900 FACSIMILE(630)407-6901
May 5, 2011
Mr. David Niemeyer
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Resolution DT-0014-11
Intergovernmental Agreement
Mowing Contract
Dear Mr. Niemeyer:
Enclosed for your file is the executed Resolution and Agreement for the mowing contract
between the County of DuPage and the Village of Oak Brook approved by the DuPage County
Board on April 26, 2011.
Please notify the County in writing if the Village will be using their own forces or using a
contractor for the work covered following the execution of this Agreement.
If you have any questions or concerns please feel free to contact me at 630.407.6900.
Very truly yours,
,�W-P. go-�
P. Kos, P.E.
Direction of Transportation and Operations
cc: John Kawa
Agnes Dolan
Jennifer Sinn
Enclosure
JPK/scb
JTK ADMINISTRATION BUILDING • 421 N.COUNTY FARM ROAD • WHEATON,IL 60187-2553