Untitled (2) Resolution
DT-R-0933-18
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 UP
TO $7,150.00 ANNUALLY FOR THREE YEARS)
WHEREAS, it is in the public interest that the County of DuPage enter into an
Intergovernmental Agreement for mowing of grass and 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 that the
Intergovernmental Agreement between the County of DuPage 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; and
BE IT FURTHER RESOLVED 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 transmit a certified copy of this
Resolution and agreement to the Village of Oak Brook, by and through the Division of
Transportation.
Enacted and approved this 27th day of November, 2018 at Wheat , Il inois.
DANIEL J. CRONIN, CHAIRMAN
DU PAGE COUNTY BOARD
Attest:
PAUL HINDS, COUNTY CLERK
Ayes: 18
w
F
, � �
i�'� ���,
�`,,, � .
1i��'
_�� ' �
�.� �� ,�
`• �'/
�" c
�-;� �� �'
r
),�
y
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE AND
THE VILLAGE OF OAK BROOK
FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY
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
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
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
Intergovernmental Cooperation Act 5 ILCS 220/1 et sem. , to contract
with each other; and
WHEREAS, the VILLAGE agrees to mow grass along certain roads
and rights of way which are within the maintenance jurisdiction of
the COUNTY and within the corporate limits of the VILLAGE as follows
(hereinafter referred to as "COUNTY MOWING") :
COUNTY MOWING:
Co Hwyw Hwy Name From To Side of Street AREA(ac)
8 York Road at Graue Mill East and West 0.43
York Road Golf Course Entrance 31st Street East and West 1.96
t North and South
34 31st Street Jorie Blvd. York Road (including medians) 3.57
_ ---
34 31st Street Regent Dr. lorie Blvd Medians 0.59
1 25 Meyers Road 35t'St. 38`"St. Medians 0.60
__..
' Grand Total7.15 1
and;
WHEREAS, the COUNTY and the VILLAGE have determined that it is
in the best interest of the citizens of DuPage County and the
residents of the Village of Oak Brook for the VILLAGE to provide
mowing along the above listed County Highways subject to the
following GENERAL CONDITIONS AND SPECIFICATIONS:
Oak Brook-Mowing Agr. - 1 - 10/09/2018
GENERAL CONDITIONS
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 mowing to be done in order that
it may understand the difficulties and restrictions required to
complete the mowing to be done under this Agreement.
2 . The VILLAGE shall furnish all labor, materials, equipment and
transportation necessary to complete five (5) mowing cycles and
up to fifteen (15) intermediate mowing(s) as necessary 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 conditions of this Agreement. All
labor and transportation shall be performed in accordance with
the highest professional and technical standards in the field.
3 . At the sole option of the COUNTY, the VILLAGE shall furnish all
labor, materials, equipment and transportation necessary to
complete additional mowing cycles, on any portion or portions of
said COUNTY MOWING, under the terms and conditions herein set
forth. The COUNTY shall give written notice to the VILLAGE of
the portion or portions of roads and rights of way to be mowed
not less than seven (7) days prior to the required starting
date.
4 . The safety of persons and property 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 . Indemnification
(a) The VILLAGE shall indemnify, hold harmless and defend
the COUNTY, its Officials, officers, agents, and
employees from and against all liability, claims,
suits, demands, proceedings and actions, including
costs, fees and expense of defense, arising from,
growing out of, or related to, any loss, damage,
injury, death, or loss or damage to property
resulting from, or connected with, the VILLAGE' s
negligent or willful acts, errors or omissions or any
Oak Brook-MowingAgr. - 2 - 10/09/2018
of the VILLAGE contractor' s or agent' s negligent or
willful acts in its performance under this Agreement.
The indemnification set forth herein shall not extend
to any injury or damage caused by the negligent or
willful acts, errors or omissions of the COUNTY or
its officers, agents and employees.
(b) (b) Nothing contained herein shall be construed as
prohibiting the COUNTY, its officials, directors,
officers and employees, at their sole cost and
expense, from defending through the selection and use
of their own agents, attorneys and experts, any
claims, suits, demands, proceedings and actions
brought against them. Pursuant to Illinois law, any
attorney representing the COUNTY, who is not already
an Assistant State' s Attorney, is to be appointed a
Special Assistant State's Attorney, in accordance
with the applicable law. The COUNTY' s participation
in its defense shall not remove the VILLAGE's duty to
indemnify, defend, and hold the COUNTY harmless, as
set forth above provided, however, that the VILLAGE
shall have the authority to direct the defense and to
settle any claim, suit, demand, proceeding or action
against the COUNTY for which the VILLAGE would be
required to indemnify the COUNTY hereunder subject to
the approval of the State' s Attorney to settle all
claims. The State' s Attorney shall not unreasonably
withhold such approval.
(c) Any indemnity as provided in this Agreement shall not
be limited by reason of the enumeration of any
insurance coverage herein provided. The VILLAGE' s
indemnification of the COUNTY shall survive the
termination, or expiration, of this Agreement.
(d) The COUNTY does not waive, by these indemnity
requirements, any defenses or protections under the
Local Governmental and Governmental Employees Tort
Immunity Act (745 ILCS 10/1 et seq. ) or otherwise
available to it, or to the VILLAGE, under the law. "
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) Workers Compensation Insurance in the statutory
amounts.
(b) Employer's Liability Insurance in an amount not less
than one million dollars ($1, 000, 000 .00) each
Oak Brook-MowingAgr. - 3 - 10/05/2018
accident/injury and one million dollars
($1, 000, 000 . 00) each employee/disease.
(c) Commercial (Comprehensive) General Liability
Insurance with a limit of not less than three million
dollars ($3, 000, 000) total; including limits of not
less than two million ($2, 000, 000) dollars per
occurrence and one million ($1, 000, 000) dollars
excess liability in the annual aggregate
injury/property damage.
(d) Commercial (Comprehensive) Automobile Liability
Insurance with minimum limits of at least one million
($1, 000, 000) dollars Combined Single Limit (Each
Accident) .
(e) The coverage limits required under subparagraphs (c)
and (d) above may be satisfied through a combination
of primary and excess coverage. The VILLAGE shall not
allow any contractor to commence work until all the
insurance coverage(s) required under this insurance
section have been obtained. Satisfactory evidence of
contractor' s insurance including endorsements shall
be provided by the VILLAGE 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) The VILLAGE shall require all approved contractors,
anyone directly or indirectly employed by them, or by
anyone for whose acts any of them may be liable under
this Agreement, to acquire and maintain the insurance
as set forth in Paragraph 7 . (a) to (d) of the
Agreement. The COUNTY retains the right to obtain
evidence of contractor' s insurance coverage at any
time. The VILLAGE will ensure that its contractors
and subcontractors name the COUNTY as an additional
insured as set out in the paragraphs below. The
VILLAGE understands that it is to the VILLAGE's
benefit to diligently enforce this insurance
requirement as the VILLAGE shall indemnify the
COUNTY, its officials, officers, agents, and
employees from all liability, in its performance
under this Agreement pursuant to the terms in
Paragraph 6 herein.,,
(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
Oak Brook-Mowing Agr. - 4 - 10/09/2018
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
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. If the
VILLAGE is satisfying insurance required through a
combination of primary and excess coverage, the
VILLAGE shall require that said excess/umbrella
liability policy include in the "Who is Insured"
pages of the excess/umbrella policy wording such as
"Any other person or organization you have agreed in
a written contract to provide additional insurance"
or wording to that affect. The VILLAGE shall provide
a copy of said section of the excess/umbrella
liability policy upon request by the COUNTY.
(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
necessary steps to purchase, maintain and provide the
required insurance coverage. If a suspension of work
should occur due to insurance requirements, upon
verification by the COUNTY of the required insurance
coverage, the COUNTY shall notify the VILLAGE that
the VILLAGE can proceed with the work that is a part
of this Agreement. Failure to provide and maintain
the required insurance coverage could result in the
immediate cancellation of this Agreement, and the
VILLAGE shall accept and bear all costs that may
result from the cancellation of this Agreement due to
the VILLAGE' s or if applicable, their contractor' s
failure to provide and maintain the required
insurance.
(i) The VILLAGE' s and if applicable, their contractor' s
insurance as required by paragraphs (c) and (d) above
shall name the COUNTY, its officers, and employees as
additional insured parties. The Certificate of
Insurance/endorsements shall state: "The County of
DuPage, its officers, and employees are named as
additional insured(s) as defined in the Commercial
(Comprehensive) General Liability Insurance and
Commercial (Comprehensive) Automobile Liability
Insurance policies with respect to claims arising
from the VILLAGE' s performance under this Agreement.
The Endorsements must also be provided naming the
Oak Brook-Mowing Agr. - 5 - 10/09/2018
County of DuPage c/o DuPage County Division of
Transportation, 421 N. County Farm Road, Wheaton, IL
60187, as an additional insured. This additional
insured is to be on a primary and non-contributory
basis. "
(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
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 a part 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 of this Agreement is held to be
unenforceable or invalid for any reason, the enforceability
thereof shall not affect the remainder of the Agreement. The
remainder of this Agreement shall be construed as if not
containing the particular provision and shall continue in full
force, effect, and enforceability, in accordance with its terms.
13 . This Agreement may be terminated at any time by submission to
the other party of written thirty (30) days advance notice
served by certified or registered mail, return receipt
requested, properly addressed with postage prepaid and said
notice shall be effective upon receipt as verified by the United
States Postal Service, to the following addresses:
Oak Brook-Mowing Agr. - 6 - 10/09/2018
FOR THE VILLAGE:
Riccardo Ginex
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
FOR THE COUNTY:
Christopher C. Snyder, P.E.
Director of Transportation/County Engineer
DuPage County Division of Transportation
421 N. County Farm Road
Wheaton, IL 60187
14 . This Agreement shall remain in full force and effect after
execution by the parties as set forth below until November 30,
2021, 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 (as referenced in table hereinabove) and shall be
mowed back to back of curb.
2 . Grass shall be mowed to the height of three (3) inches.
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
as part of the Agreement.
S. 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 (bottles, cans, paper, plastic
bags, and miscellaneous small debris) will be the responsibility
Oak Brook-MowingAgr. - 7 - 10/09/2016
of the VILLAGE and shall be included in the cost of mowing. Any
areas where materials are encountered that would not be
classified as "typical roadway trash" should be referred to the
DuPage County Highway Operations Manager for removal.
7 . Damage caused by the VILLAGE to turf areas shall be repaired to
the satisfaction of the DuPage County Highway Operations Manager
prior to payment for the cycle in which damage occurred.
8 . The VILLAGE shall protect all work 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 empl_ovees and the public shall be of rimary 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.
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
Fifteen (15) intermediate mowing cycles may be completed as
weather and grass conditions warrant .
12 . The COUNTY shall pay the VILLAGE the lessor of $357. 50 or
contractor pricing plus ten percent (10%) for construction
engineering within forty-five (45) days of receipt of invoice
after the completion of each mowing cycle of 7. 15 acres.
13. The VILLAGE shall endeavor to submit a final invoice for all
mowing no later than November 15th of each year for the term of
this Agreement.
Oak Brook-Mowing Agr. - 8 - 10/09/2016
14 . Additions or deductions to the mowing acres may be required
during the mowing season and will be done at the sole discretion
of the COUNTY. Additions or deductions will be made to the
payment due for a mowing cycle at a unit price of the lessor of
Fifty Dollars per acre ($50. 00 per acre) or contractor pricing
plus ten percent (100) for construction engineering. The DuPage
County Division of Transportation will notify the VILLAGE in
writing, of any additions or deductions made in the mowing cycle
acres.
WHEREAS, the parties hereto have read and reviewed the terms of
this Agreement and by their signature as affixed below represent
that the signing party has the authority to execute this Agreement
and that the parties intend to be bound by the terms and conditions
contained herein.
WHEREAS, this Agreement shall not be deemed or construed to
create an employment, joint venture, partnership or other agency
relationship between the parties.
WHEREAS, this Agreement may be executed in two or more
counterparts, each of which shall 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.
Oak Brook-MowingAgr. - 9 - 10/09/2018
IN WITNESS WHEREOF, the parties hereto have each caused this
Agreement to be executed by their duly authorized officers and to be
attested to and their corporate seals to be hereunder affixed.
COUNTY OF DU PAGE
Signed this c)L.7'-' day of NaKx4v oe-✓ 2018 at Wheaton,
Illinois.
Daniel J Cronin, Chairman
DuPage County Board
/ r
ATTEST: _ A
� __
Paul Hinds, County Clerk
VILLAGE OF OAK BROOK
Signed this 01'A'' day of 2018, at Oak Brook,
Illinois.
0 F 04
Gopal G. Lalmalani, President
Village of Oak Brook
TEST:
Charlotte Pruss, Village Clerk
Village of Oak Brook
Oak Brook-MowingAgr. - 10 - 10/09/2018
' e
r
'� / �
r�
� � �/�.;.�i i
' s/,�/�
,/
. � (�
�_ �'
j'.
,� �