R-2012 - 04/12/2022 - IDOT - Resolutions Exhibits v.AlCY C)pQ
630-407-6900
[DIVISION OF TRANSPORTATION Fax: 630-407-6901
S dot@dupageco.org
qR>V ct4t� www.dupageco.org/dot
April 13, 2022
Mr. Rick Valent
General Director of Public Works
630-407-6900 Village of Oak Brook
1200 Oak Brook Road
Maintenance
Oak Brook, Illinois 60523
630-407-6920
Permitting
63
0-4Re: Resolution DT-R-0166-22
Intergovernmental Agreement
630-407-690C Trails/Paths Between the County of DuPage and Village of Oak Brook
For Mowing along County Roads and Rights of Way
Dear Mr. Valent:
One (1) original of the Resolution and fully executed Intergovernmental Agreement between the
County of DuPage and Village of Oak Brook for the above captioned project is enclosed for your
records.
If you have any questions or concerns, please feel free to contact me at 630-407-6900.
Very truly yours,
" 44d4A
Christopher C. Snyder, P.E.
Director of Transportation/County Engineer
Enclosure
CCS/jem
Cc: (via email only)
T. Smith/DOT
M. Erwin/DOT
J. McAvoy/DOT
Jack T. Knuepfer Administration Building, 421 N. County Farm Road, Wheaton, Illinois 60187
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE
AND THE VILLAGE OF OAKBROOK
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 "MUNICIPALITY" ) , a
municipal corporation. The COUNTY and the MUNICIPALITY are
hereinafter individually referred to as a "party" or together as
the "parties . "
WITNESSETH
WHEREAS, the COUNTY and the MUNICIPALITY are authorized by the
1970 Illinois Constitution, Article VII, Para. 10 and the
Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. , to contract
with each other; and
WHEREAS, the MUNICIPALITY 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
MUNICIPALITY as follows (hereinafter referred to as "COUNTY
MOWING" ) :
COUNTY MOWING:
Co Hwy Hwy Name From I To Side of Street AREA(ac)
8 York Road at Graue Mill East and West 0.43
8 York Road Golf Course Entrance 31st Street East and West 1.96
North and South
34 31st Street Jorie Blvd. York Road (including medians) 3.57
34 31st Street Regent Dr. Jorie Blvd. Medians 0.59
25 Meyers Road 35th St. 38th St. Medians 0.60
Grand Total 7.15
and;
WHEREAS, the COUNTY and the MUNICIPALITY 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 MUNICIPALITY to
provide mowing along the above listed County Highways subject to
the following GENERAL CONDITIONS AND SPECIFICATIONS :
Oak Brook-Mowing Agreement - 1 - 03.16.2022
GENERAL CONDITIONS
1 . The MUNICIPALITY 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 MUNICIPALITY shall furnish all labor, materials, equipment
and transportation necessary to complete five (5) mowing cycles
and up to eighteen (18) additional mowing (s) as necessary per
year for four (4) 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 MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPALITY, 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 MUNICIPALITY shall
meet or exceed all safety standards for mowing prescribed by
O.S .H.A. The MUNICIPALITY agrees, covenants, and understands
that the MUNICIPALITY bears sole liability for any injury or
damage caused by the MUNICIPALITY under this Agreement and that
the COUNTY shall not accept any liability whatsoever from the
MUNICIPALITY except where any injury or damage is caused by the
COUNTY.
Oak Brook-Mowing Agreement - 2 - 03.16.2022
6 . Indemnification
(a) The MUNICIPALITY 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
MUNICIPALITY' s negligent or willful acts, errors or
omissions or any of the MUNICIPALITY 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
MUNICIPALITY' s duty to indemnify, defend, and hold the
COUNTY harmless, as set forth above provided, however,
that the MUNICIPALITY shall have the authority to direct
the defense and to settle any claim, suit, demand,
proceeding or action against the COUNTY for which the
MUNICIPALITY 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 MUNICIPALITY' 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 MUNICIPALITY, under the law. "
Oak Brook-Mowing Agreement - 3 - 03.16.2022
7 . Insurance
At all times during the period of this Agreement, the
MUNICIPALITY 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
one million dollars ($1, 000, 000 . 00) each 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 MUNICIPALITY 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 MUNICIPALITY to the COUNTY immediately
upon request . Additionally, the MUNICIPALITY 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 MUNICIPALITY 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
MUNICIPALITY will ensure that its contractors and
subcontractors name the COUNTY as an additional insured as
set out in the paragraphs below. The MUNICIPALITY
Oak Brook-Mowing Agreement - 4 - 03.16.2022
understands that it is to the MUNICIPALITY' s benefit to
diligently enforce this insurance requirement as the
MUNICIPALITY 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 MUNICIPALITY 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 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 MUNICIPALITY is satisfying insurance required through
a combination of primary and excess coverage, the
MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPALITY to immediately notify
the COUNTY if any insurance required under this Agreement
has been cancelled, materially changed, or renewal has
been refused, and the MUNICIPALITY 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 MUNICIPALITY that the MUNICIPALITY 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 MUNICIPALITY shall accept and bear all costs that
may result from the cancellation of this Agreement due to
the MUNICIPALITY' s or if applicable, their contractor' s
failure to provide and maintain the required insurance.
Oak Brook-Mowing Agreement - 5 - 03.16.2022
(i) The MUNICIPALITY' 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 MUNICIPALITY' s performance under
this Agreement . The Endorsements must also be provided
naming the 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 MUNICIPALITY will be using their own forces for the
work covered in this Agreement, the MUNICIPALITY shall
inform the COUNTY in writing following execution of this
Agreement . If, however, the MUNICIPALITY will be hiring a
contractor for the work covered in this Agreement, the
MUNICIPALITY 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 are 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
Oak Brook-Mowing Agreement - 6 - 03.16.2022
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 :
FOR THE MUNICIPALITY:
Greg Summers
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
villagemanager@oak-brook.org
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
Christopher. snyder@dupageco.org
14 . This Agreement shall remain in full force and effect after
execution by the parties as set forth below until November 30,
2025, 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
Oak Brook-Mowing Agreement - 7 - 03.16.2022
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 .
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 (bottles, cans, paper, plastic
bags, and miscellaneous small debris) will be the
responsibility of the MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPALITY 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 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.
Oak Brook-Mowing Agreement - 8 - 03.16.2022
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
Eighteen (18) additional mowing cycles may be completed as
weather and grass conditions warrant .
12 . The COUNTY shall pay the MUNICIPALITY the lessor of $368 . 23 or
contractor pricing plus ten percent (100) 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 MUNICIPALITY shall endeavor to submit a final invoice for
all mowing no later than November 15th of each year for the
term of this Agreement.
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-One Dollars and Fifty Cents per acre ($51 . 50
per acre) or contractor pricing plus ten percent (106) for
construction engineering. The DuPage County Division of
Transportation will notify the MUNICIPALITY in writing, of any
additions or deductions made in the mowing cycle acres .
15 . The MUNICIPALITY/TOWNSHIP, if contracting with an outside
contractor/vendor, shall furnish a copy of the executed
contract between the MUNICIPALITY/TOWNSHIP and the contractor
to the COUNTY in advance of invoice processing for our records .
If during the term of this contract the MUNICIPALITY/TOWNSHIP
awards a new/different contractor, the MUNICIPALITY/TOWNSHIP
must notify the COUNTY and furnish the new executed contract .
This will not affect the mowing acreage, pricing or schedule of
this agreement .
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.
Oak Brook-Mowing Agreement - 9 - 03.16.2022
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.
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 la tk day ofHP r( �, 20 at heaton,
Illinois . `�
Daniel J. Cronin, Chairman
DuPage County Board
ATTEST: ,c�
-74�
Je Kaczmarek, JounFy Clerk
Oak Brook-Mowing Agreement — 10 — 02.22.2022
VILLAGE OF OAK BROOK
Signed this ,! day of 2022 , at Oak Brook,
Illinois .
Gopal G. Lalmalani, President
Village of Oak Brook
ATTEST:
Charlotte Pruss, Village Clerk
~�ry� O ' ��Yd Village of Oak Brook
{lie 96
OU�tTY�
Oak Brook-Mowing Agreement - 11 - 03.16.2022
Resolution
DT-R-0166-22
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 $8,469.29 ANNUALLY FOR FOUR 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 one (1) duplicate original
of this Resolution and agreement to the Village of Oak Brook, by and through the Division of
Transportation.
Enacted and approved this 12th day of April, 2022 at Baton, Illi
is.
DANIEL J. CRONIN, CHAIRMAN
DU PAGE COUNTY BOARD
4;Attest: �.Cm--'
JE04 KACZMAREK)COLNTY CLERK
AYES 16
NAYS 1
ABSENT 1