R-1349 - 03/25/2014 - PUBLIC WORKS - Resolutions RESOLUTION 2014-PW-MOW-IGA-DU-R-1349
A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY
REGARDING MOWING ALONG COUNTY ROADS
WHEREAS, the Village of Oak Brook ("Village") is an Illinois municipal corporation; and
WHEREAS, cooperation between and among governmental agencies and entities through
intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the Illinois
Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Village and DuPage County desire to enter into an intergovernmental agreement
for the Village to provide mowing services to DuPage County along County-owned rights-of-way in the
Village, which intergovernmental agreement is attached hereto as Exhibit A ("Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and DuPage County in substantially the same form
as attached hereto as Exhibit A and in a final form acceptable to the Village Manager.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-PW-MOW-IGA-DU-R-1349
Authorizing IGA w/DuPage Co. re:
Mowing Along Co. Rds.
Page 2 of 3
APPROVED THIS 25th day of March, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 25th day of March, 2014
Ayes: Trustees Adler, Baar, Manzo, Wolin, Yusuf
Nays: None
Absent: Trustee Moy
ATTEST:
Charlotte K. Pruss
Village Clerk
4 d
4
_ i�J
Resolution 2014-PW-MOW-IGA-DU-R-1349
Authorizing IGA w/DuPage Co. re:
Mowing Along Co. Rds.
Page 3 of 3
EXHIBIT A
[Intergovernmental Agreement]
#28691820_v1
DT-R-0022-14
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 $5,005.00 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:
1. That the "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF
DU PAGE AND THE VILLAGE OAK BROOK FOR MOWING ALONG COUNTY
ROADS AND RIGHTS OF WAY" be attached hereto and made a part of this resolution;
and
2. That the signature of the Village of Oak Brook Mayor and the Village Clerk be affixed on
said Agreement, and that the agreement be hereby ratified by the DuPage County Board;
and
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 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 13`h day of May, 2014 at Wheaton, Illinois.
aniel J. Cronin, Chairman
DuPage County Board
ATTEST: 1-wwe )�4
Ayes: 18 Gary A. Ki , County Clerk
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 seq. , 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:
CoHwy HwyName From 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
25 Meyers Road S of 35th Street N of 38th Street Medians 0.60
North and South
34 31st Street Jorie Blvd. York Road (including medians) 3.57
34 31st Street Regent Dr. Jorie Blvd. Medians 0.59
Grand Total 7.15
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 - 3/13/2014
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 two (2) 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 . 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 .
7 . At all times during the period of this Agreement, the VILLAGE
and, if applicable, their contractor shall maintain the
Oak Brook Mowing Agr. - 2 - 3/13/2014
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 maybe 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) 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;
Oak Brook Mowing Agr. - 3 - 3/13/2014
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
CONSULTANT is satisfying insurance required through a
combination of primary and excess coverage, the
CONSULTANT 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 CONSULTANT 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
County of DuPage c/o DuPage County Division of
Transportation, 421 N. County Farm Road, Wheaton, IL
60187, as an additional insured. This additional
Oak Brook Mowing Agr. - 4 - 3/13/2014
I
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 .
S . 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 :
FOR THE VILLAGE:
David Niemeyer
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Oak Brook Mowing Agr. - 5 - 3/13/2014
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 15,
2016, 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.
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 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.
Oak Brook Mowing Agr. - 6 - 3/13/2014
i
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 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
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.
12 . The COUNTY shall pay the VILLAGE $715 . 00 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.
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 One Hundred
Dollars per acre ($100 . 00 per acre) . The DuPage County Division
of Transportation will notify the VILLAGE in writing, of any
additions or deductions made in the mowing cycle acres.
Oak Brook Mowing Agr. - 7 - 3/13/2014
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 13th day of May 2014 at Wheaton,
Illinois .
Daniel J. Cronin, Chairman
DuPage C` unty Board
ATTEST: ,/," d 4 4
Gary A. Ong, County(/lerk
VILLAGE OAK BROOK
Signed this day of 2014, at Oak Brook,
Illinois .
Gopal G. Lalmalani, President
ATTEST:
Charlotte Pruss, Village Clerk
Oak Brook Mowing Agr. - 8 - 3/13/2014