HomeMy WebLinkAboutOrdinances - ORD-18-1907 - 11/26/2018 - IGA Fox Waterway Agency Boone Creek Dreding ProjectCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1907
Au Ordinance authorizing the Mayor's execution of an Intergovernmental
agreement between the City of McHenry and Fox Waterway Agency for the Boone
Creek Dredging Project
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
November 26, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 26th day of November, 2018.
ORDINANCE NO. ORD48=1907
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF MCHENRY AND FOX WATERWAY AGENCY FOR THE
BOONE CREEK DREDGING PROJECT
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois.
WHEREAS, the City of McHenry desires the Fox Waterway Agency to dredge Boone
Lagoon from its mouth of the Fox River to the Green Street Bridge, for the benefit of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Intergovernmental Agreement between the City of McHenry and Fox
Waterway Agency is hereby approved. A complete and accurate copy of said agreement is
attached to this Ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures
to said Agreement for the purposes therein set forth.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois and shall
be in full force and effect from the date of passage.
PASSED THIS 26th day of November 2018.
Voting Aye: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Curry, Alderman
Mihevc, Alderman Devine and Alderwoman Condon
Voting Nay: 0
Absent: 0
Not Voting: 0
Abstaining: 0 /
l�
Wayne S. Jet , M yor
ATTEST:
Debra Meadows, Deputy City Clerk
Intergovernmental Agreement
This Intergovernmental Agreement ("Agreement") is made by and between the City of
McHenry ("City") and Fox Waterway Agency ("FWA"), both local governments of the State of
Illinois and is effective this 26°' day of November, 2018,
Recitals
WHEREAS, each of the parties hereto is a local unit of government established in the State
of Illinois and have the authority to enter into this Agreement.
WHEREAS, the City desires the FWA to dredge Boone Lagoon from its mouth on the Fox
River to the Green Street bridge ("Project Area"), for the benefit of the public.
WHEREAS, the FWA desires to dredge the Project Area, pursuant to the terms of this
Agreement.
NOW, THEREFORE, in consideration of the promises and agreements made herein, the
adequacy and sufficiency of which is acknowledged as being received by the parties hereto, it is
agreed as follows:
Boone Creek Dredging Proiect
1. No later than August 1, 2019, and on a schedule to be agreed upon by the parties,
the FWA shall provide all necessary labor, watercraft and equipment necessary to dredge the
Project Area, according to plans and specifications agreed to between the parties, and load trucks
provided by the City with the dredged material for removal. In addition, while the Project Area is
being dredged by the FWA, the City shall:
a. Make all necessary preparations to the load out site access for the FWA
equipment, including removal of trees, street lights, public benclies, piers or boat lifts and
similar obstacles.
b. Provide all necessary documentation to the FWA, e.g., access agreements
and seawall waivers from all the adjacent property owners of the dredging project provided by
the FWA.
c. Identify all public utilities crossing near or on all the adjacent properties
including the Boone Lagoon itself and load out sites. The locations shall be made known to
the FWA superintendent and crew.
d. Be responsible for restoration of the load out sites after the project has been
completed.
e. Provide a street sweeper in the event the trucks or equipment make a mess
or spill on the public roadways.
f. Require all trucks used on the project hauling sediment be equipped with
manual sludge locks to prevent tailgate blowouts. The FWA can provide examples if needed.
g. Be responsible for cleanup in the event the trucks have an accidental spill
on the roadways or loadout sites.
h. Be responsible for any notification of public officials, public departments,
commercial entities, private homeowners pertaining to this project. All surrounding property
owners shall be given information pertaining to this project as needed on a regular basis.
i. Be the liaison for all property owners commercial and residential to the
FWA for this project. Any conflicts that may arise due to this project the City shall work with
the FWA to find a solution.
j. Assign a project manager to be the main point of contact to the FWA
superintendent. The project manager will need the authority to make decisions in a timely
fashion that shall not inhibit the progress of the project. Any communications for the project
shall be between the City project manager and the FWA Superintendent and Executive
Director, when needed.
k. Be required to follow the Prevailing Wage Act, if required, for all
contractors and subcontractors
1. Be solely responsible for managing the dump site, for this Project only. This
means having a loader with operator on site, if needed. The operator shall be responsible for
keeping the area as tidy as possible and be able to pull stuck trucks out if needed. The ideal
dump site shall be usable in wet conditions and allow trucks access in wet conditions.
2. Within the schedule agreed upon by the parties, the City shall provide the load out
site adjacent to the Project Area and provide all trucks, drivers and disposal areas to remove the
dredged material fiom the Project Area after being dredged and loaded onto City provided trucks
by the FWA. If needed to keep up with the FWA labor effort, the City will provide labor and
trucking as necessary beyond 40 hours per week.
FWA's Permitted Use of Site
3. The City hereby permits the FWA's use, as a dredged material drying site, the area
depicted on the drawing attached hereto as "Exhibit A" ("Permitted Site") until 12/31/23 as a
dredged material drying site ("Permitted Use"); provided, however, the City reserves the right to
terminate this Permitted Use prior to 12/31/23, in the event the City, in its sole discretion, requires
the permitted Site for its own use. This Permitted Use is subject to the FWA having all required
state permits and the FWA promptly providing all trucking to remove the dredged material from
the Permitted Site. During its use, the FWA shall be solely responsible for managing the Permitted
Site. This means having a loader with operator on site, if needed. The operator shall be responsible
for keeping the Permitted Site as tidy as possible and be able to pull stuck trucks out if needed.
The Permitted Site shall be usable in wet conditions and allow trucks access in wet conditions.
After 12/31/23, the FWA Permitted Use may continue, provided, however, upon written notice by
the City to the FWA, this Permitted Use shall terminate, for any reason or no reason at all, and,
not later than 60 days thereafter, and the FWA shall return the Permitted Site to substantially the
same condition it was in upon execution of this Agreement. In addition, the City reserves the right
to terminate this use permit prior to 12/31/23 upon the FWA not maintaining the site in a
reasonably neat condition, as determined by the City in its reasonable discretion. Upon the
termination of the Permitted Use, by date expiration or otherwise, the FWA shall immediately
return the Permitted Site to substantially the same condition that it was in upon execution of this
Agreement.
2
Miscellaneous Provisions
4. Each party agrees to fully and in all respects indemnify, defend and hold harmless
the other party from and against any liability resulting from all acts, commissions, omissions or
other conduct of said party and its employees. Each party agrees to indemnify, defend and hold
harmless the other patty, its agents and its employees fiom and against any and all claims and
liability in whatever fashion arising under this Agreement against the other party who or which
may be assigned pursuant to this Agreement. The full legal and financial responsibility for injury,
disability or death of an employee shall remain with the employee's respective law enforcement
agency/employer. Each party shall also be responsible, regardless of fault, for repairing or
replacing any damage to its own vehicles and/or equipment that occurs in the execution of this
Agreement.
5. Each party to this Agreement shall, during the entire term hereof, procure and
maintain the following insurance: Comprehensive General Liability Insurance with minimum
limits of $1,000,000 per occurrence, and Automobile Liability Insurance with minimum limits of
$1,000,000 per occurrence covering all owned or leased automobiles. Each patty will provide to
the other party(s), upon request, a certificate of insurance, in form reasonably acceptable to the
requesting party, evidencing the existence of such insurance.
6. Neither party shall be deemed to be an authorized agent of the other by this
Agreement. This Agreement constitutes the entire agreement between the parties hereto and no
other person or entity shall be deemed to be a beneficiary of this Agreement. No party hereto shall
assign this Agreement or the rights and duties hereunder. This Agreement shall not be construed
as or deemed to be an agreement for the benefit of any third patty or parties, and no third party or
parties shall have any right of action whatsoever hereunder for any cause whatsoever. Each party
will be responsible for defending their own respective entity in any action or dispute that arises in
connection with or as the result of this Agreement and each will be responsible for bearing its own
costs, damages, losses, expenses and attorney's fees. All notices given or required under this
Agreement shall be in writing and sent by electronic mail or personal delivery to the Executive
Director of the FWA or the City Administrator, respectively.
7. The signatures below certify that this Agreement has been adopted and approved
by Motion by the governing board of each party hereto.
City of McHenry Fox Waterway Agency
W e ett, Mayor Date
Z:UviNfcHenryCityofllntergovAgntlFoxwaterway.docx
By
Wayne Blake, Chairman Date
Miscellaneous Provisions
4. Each party agrees to fully and in all respects uidemni[y, defend and hold harmless
the other party from and against any liability resulting from all acts, commissions, omissions or
other conduct of said party and its employees. Each party agrees to indemnify, defend and ]told
harmless the other party, its agents and its employees from and against any and all claims and
liability in whatever fashion arising under this Agreement against the other party who or which
may be assigned pursuant to this Agreement. The full legal and financial responsibility for itl ury,
disability or death of an employee shall remain with the employee's respective law enforcement
agency/employer. Each party shall also be responsible, regardless of fault, for repairing or
replacing any damage to its own vehicles and/or equipment that occurs in the execution of this
Agreement.
S. Each party to thus Agreement shall, during the entire term hereof, procure and
maintain the following insurance; Comprehensive General Liability Insurance with minimum
limits of $1,000,000 per occurrence, and Automobile Liability Insurance with minimum limits of
$1,000,000 per occurrence covering all owned or leased automobiles. Each party will provide to
the other party(s), upon request, a certificate of 'insurance, in form reasonably acceptable to the
requesting party, evidencing the existence ofsuch insurance.
6. Neither party shall be deemed to be an authorized agent of the other by this
Agreement. This Agreement constitutes the entire agreement between the parties hereto and no
other person or entity shall be deemed to be a beneficiary of this Agreement. No party hereto shall
assign this Agreement or the rights and duties hereunder. This Agreement shall not be construed
as or deemed to be an agreement for the benefit of any third party or parties, and no third party or
parties sliall have any right of action whatsoever Inewundor for any cause whatsoever. Each patty
will be responsible for defending their own respective entity in any action or dispute that arises in
connection with or as the result of this Agreement and each will be tuponsible for bearing its own
costs, damages, losses, expenses and attorney's fees. All notices given or required under this
Agreement shall be in writing and sent by electronic mail or personal delivery to the Executive
Director of the FWA or thb City Administrator, respectively.
7. The signatures below certify that this Agreement has been adopted and approved
by Motion by the governing board of each party hereto.
City of McHeruy / , ; �, Fox Watennvay Agency )
3y Ve 0/BY�:5'//oJett, Mayor Date Wayne Blahce, Chairman Date
7,:\Mf1MeHenryCityofUntergovAgmlFoxwatenvaydocx