R-852 - 07/08/2003 - AGREEMENT - Resolutionsi
R E S O L U T I O N
DT- 0060 -03
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF OAKBROOK TERRACE, THE COUNTY OF DU PAGE,
THE OAKBROOK TERRACE FIRE PROTECTION DISTRICT
AND THE VILLAGE OF OAK BROOK
FOR INSTALLATION OF EMERGENCY VEHICLE PREEMPTION EQUIPMENT
CH 15 /SUMMIT AVENUE AT ILLINOIS ROUTE 56 (BUTTERFIELD ROAD)
SECTION 93- 00214 -02 -CH
(ESTIMATED COUNTY COST: $3,450)
WHEREAS, the County of DuPage (hereinafter "COUNTY "),Ithe
City;of Oakbrook Terrace (hereinafter "CITY "), the Oakbrook
Terrace Fire Protection District (hereinafter "DISTRICT ") and
the Village of Oak Brook (hereinafter "VILLAGE "); in order to
ensure the safety of emergency vehicles and the motoring public
desire to install emergency vehicle preemption equipment at the
intersection of County Highway 15, Summit Avenue and Illinois
Route 56 /Butterfield Road (hereinafter "IMPROVEMENT "); and
!WHEREAS, the COUNTY, CITY, DISTRICT and VILLAGE des4
cooperate in an effort to construct the IMPROVEMENT becaus
the immediate benefit of the IMPROVEMENT to motorist and
emergency vehicles that travel through the Summit
Avenue /Butterfield Road intersection; and
Uo
of
;WHEREAS, an Agreement has been prepared and attached hereto
which outlines the financial participation of the COUNTY; and
'WHEREAS, said Agreement estimates the financial
partilcipation of the COUNTY for the IMPROVEMENT will be
approximately $3,450; and
WHEREAS, said Agreement must be accomplished before the
IMPROVEMENT may be initiated.
i
DuPag
hereb
with
OW, THEREFORE BE IT RESOLVED, by the County Board of
County that the Clerk and Chairman of said Board be
directed and authorized to execute the above AgreemE
he CITY, DISTRICT and VILLAGE; and
1
nt
i r
I
,BE IT FURTHER RESOLVED, that the sum of $3,450 be
encumbered to pay for the IMPROVEMENTS; and
BE IT FURTHER RESOLVED, that original copies of this
Agreement be sent to the City of Oakbrook Terrace, the Oakbrook
Terrace Fire Protection District, and the Village of Oak Brook
through the DuPage County Division of Tran rtation and one
copy to the Treasurer, Auditor, Finance ep rtment, State's
Attorney's Office, Attention Donna B. ind 1, and the DuPage
County Division of Transportation.
Enacted and approved this 26t ,,y August 2003 at
Wheaton, Illinois.
Robert Schillerstrom, Chairman
DuPage nt y Board
ATTEST:
Gary A. lAg, County erk
Ayes: 16
Absent: 2
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF OAKBROOK TERRACE, THE COUNTY OF DUPAGE,
THE OAKBROOK TERRACE FIRE PROTECTION DISTRICT
AND THE VILLAGE OF OAK BROOK FOR INSTALLATION OF
EMERGENCY VEHICLE TRAFFIC SIGNAL PREEMPTION EQUIPME1
AT THE INTERSECTION OF MYRTLE AVENUE / MACARTHUR DRII
WITH BUTTERFIELD ROAD AND AT THE INTERSECTION OF
SUMMIT AVENUE / MIDWEST ROAD WITH BUTTERFIELD ROAD
THIS AGREEMENT is made this 23rd day of July, 2003, by and between the City of
Oakbrook Terrace, an Illinois municipal corporation and home rule unit of local government (the
"City "),the County of DuPage, a unit of local government (the "County "), the Oakbrook Terrace
Fire Protection District, a unit of local government (the "District ") and the Village of Oak Brook,
an Illinois municipal corporation (the "Village "), collectively known as the parties to the
agreement (the "Parties ").
WITNESSETH:
WHEREAS, the 1970 Illinois Constitution provides that units of local government may
contract and otherwise associate amongst themselves, and with individuals, associations and
corporations in any manner not prohibited by law or ordinance (Illinois Constitution, 1970,
Articl& VII, section 10); and
IEREAS, the City, the County, the District, and the Village are, respectively
to regulate the use of the public rights -of -way and streets for the benefit of the public;
and
,WHEREAS, the City and the State of Illinois, through the Illinois Department of
Transpo tation ( "IDOT "), have entered an agreement for IDOT to perform or contract for the
performance of all necessary work to survey, obtain permits, prepare plans and specif cations,
receive; bids, award contracts, furnish engineering inspections during construction, and cause
certain improvements to be built in accordance with the plans, specifications and contract, and to
pay for;all right -of -way, construction and engineering costs subject to reimbursement bylthe City
as provided therein (the "IDOT Agreement ") which is hereby incorporated into this agreement
by reference and is attached as Exhibit "A "; and
d F
WHEREAS, in conjunction with the IDOT Agreement and the im
contemplated therein, IDOT has agreed to install and maintain emergency vehicle tr
preemption equipment at the intersection of Summit Avenue /Midwest Road with
Road (Illinois 56) (the "Summit/Midwest Intersection "), and at the intersection
Avenue /MacArthur Drive with Butterfield Road (Illinois 56) (the Myrtle
Intersection "); and
ovements
fic signal
utterfield
f Myrtle
:acArthur
WHEREAS, as part of the IDOT Agreement, the City has agreed to take the role of lead
local government agency and to be responsible to make the full local share of payments to IDOT
for the installation and maintenance of such emergency vehicle traffic signal preemption
equipment, subject to reimbursement from the County, the District and the Village as provided in
this Agreement; and
WHEREAS, the City, the County, the District and the Village have, respectively, agreed
to pay !a proportionate share of the costs of the installation and maintenance of certain emergency
vehicle traffic signal preemption equipment as set forth in this Agreement,
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
made, it, is hereby agreed by and between the Parties, as follows:
1. Recitals. The recitals set forth hereinabove are hereby incorporatedl into this
Agreement and made a part hereof as if fully set forth in this Paragraph 1.
'2. Summit/Midwest Intersection.
A. Upon IDOT "s award of a contract for the improvements to be linstalled
under the IDOT Agreement, including installation of emergency vehicle traffic signal
'preemption equipment at the Summit/Midwest Intersection, the City will pay an amount
equal to 95% of its obligation incurred under the IDOT Agreement in a lump sum, and
will invoice the County, the District and the Village for their respective percentage shares
of the actual cost (engineering and construction estimated costs by IDOT equal to
$6,900.00) for the installation of such preemption equipment, in accordance with the
percentage shares set forth herein. Within no more than thirty (30) days after the date of
the receipt of such invoice, the County, the District and the Village shall pay the invoiced
amount to the City in a lump sum. The percentage shares shall be as follows:
The County
50%
The City
12.5%
The District
12.5%
The Village
25%
2
4
B. Upon completion of the installation of the improvements to be installed
under the IDOT agreement, including installation of emergency vehicle traffic signal
;preemption equipment at the Summit/Midwest Intersection, the City will pay to IIDOT the
'remaining 5% of the actual cost for the installation of such preemption equipment, as
incurred under the IDOT Agreement, in a lump sum, and will invoice the County, the
District and the Village for their respective percentage shares of the remaining 5% of the
actual cost for the installation of such preemption equipment, in accordance with the
percentage shares as set forth in subparagraph A of this paragraph 2. Within no more
han thirty (30) days after the date of such invoice, the County, the District and the
Village shall pay the invoiced amount to the City in a lump sum.
C. The actual cost to purchase and install the vehicle transponders required to
activate the emergency vehicle traffic signal preemption equipment shall be paid to IDOT
by the City upon completion of such installation, and the City will invoice the District
and the Village for their respective percentage shares of the actual cost for the purchase
and installation of such transponders, in accordance with the percentage shares as set
forth in subparagraph D of this paragraph 2. Within no more than thirty (30) days after
the date of such invoice, the District and the Village shall pay the invoiced amo � nt to the
City in a lump sum.
D. In the event that IDOT performs any maintenance on the emergency
vehicle traffic signal preemption equipment at the Summit/Midwest Intersection, using its
own contractors, the City will reimburse IDOT for the actual cost of any repairs, and will
invoice the District and the Village for their respective percentage shares of t he actual
cost for such repairs, in accordance with the percentage shares as set forth herein Within
no more than thirty (30) days after the date of such invoice, the District and the Village
shall pay the invoiced amount to the City in a lump sum. The percentage shares shall be
as follows:
The City 25% j
The District 25%
The Village 50%
E. In the event that IDOT is required to make any major repairs or replace the
emergency vehicle traffic signal preemption equipment installed at the Summit/Midwest
Intersection, due to vehicle accidents or Acts of God, the City will reimburse IDOT for
the actual cost of any repairs or replacement, and will invoice the District and they Village
for their respective percentage shares of the actual cost for such repairs or replacement, in
accordance with the percentage shares as set forth in subparagraph D of this paragraph 2.
Within no more than thirty (30) days after the date of such invoice, the District and the
Village shall pay the invoiced amount to the City in a lump sum.
3
,3. Myrtle/MacArthur Intersection
A. Upon IDOT "s award of a contract for the improvements to be installed
lunder the IDOT Agreement, including installation of emergency vehicle traffic signal
preemption equipment at the Myrtle/MacArthur Intersection, the City will pay an amount
equal to 95% of its obligation incurred under the IDOT Agreement in a lump sum, and
ill invoice the District for its percentage share of the actual cost (engineering and
construction estimated costs by IDOT equal to $6,900.00) for the installation of such
preemption equipment, in accordance with the percentage shares set forth herein. Within
no more than thirty (30) days after the date of such invoice, the District shall pay the
invoiced amount to the City in a lump sum. The percentage shares shall be as follows:
The City 50%
The District 50%
B. Upon completion of the installation of the improvements to bel installed
under the IDOT agreement, including installation of emergency vehicle traffic signal
preemption equipment at the Myrtle/MacArthur Intersection, the City will pay Ito IDOT
the' o /o
remaining 5 of the actual cost for the installation of such preemption equipment, as
incurred under the IDOT Agreement, in a lump sum, and will invoice the District for its
percentage share of the remaining 5% of the actual cost for the installation of such
,preemption equipment, in accordance with the percentage shares as set forth in
subparagraph A of this paragraph 2. Within no more than thirty (30) days after the date
of such invoice, the District shall pay the invoiced amount to the City in a lump scum.
C. The actual cost to purchase and install the vehicle transponders required to
activate the emergency vehicle traffic signal preemption equipment shall be paid Ito IDOT
by the City upon completion of such installation, and the City will invoice the District for
its percentage share of the actual cost for the purchase and installation ( of such
transponders, in accordance with the percentage shares as set forth in subparagraph A of
this paragraph 3. Within no more than thirty (30) days after, the date of such invoice, the
District shall pay the invoiced amount to the City in a lump sum.
D. In the event that IDOT performs any maintenance work on the emergency
vehicle traffic signal preemption equipment at the Myrtle/MacArthur Intersectic
its own contractors, the City will reimburse IDOT for the actual cost of any rep
will invoice the District for its percentage share of the actual cost of such re
accordance with the percentage shares as set forth in subparagraph A of this pare
Within no more than thirty (30) days after the date of such invoice, the District ;
the invoiced amount to the City in a lump sum.
n, using
sirs, and
fairs, in
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nail pay
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E. In the event that IDOT is required to make any major repairs or rl
emergency vehicle traffic signal preemption equipment installed at the Myrtle
Intersection, due to vehicle accidents or Acts of God, the City will reimburse
the actual cost of any repairs or replacement, and will invoice the Distri
percentage share of the actual cost of such repairs or replacement, in accordance
percentage shares as set forth in subparagraph A of this paragraph 3. Within
than thirty (30) days after the date of such invoice, the District shall pay the
amount to the City in a lump sum.
4. Notices. Any notice or demand hereunder from any party hereto 1
party hereto shall be in writing and shall be deemed duly served if mailed by prepaid
or certified mail, addressed as follows:
to the City: Office of the City Administrator
City of Oakbrook Terrace
17W275 Butterfield Road
Oakbrook Terrace, IL 60181
FAX: 630 - 941 -7254
With a copy to: Office of the City Attorney
City of Oakbrook Terrace
17W275 Butterfield Road
Oakbrook Terrace, IL 60181
FAX: 630-941-7254
If to the County: DuPage County
Division of Transportation
Attention: County Engineer
421 North County Farm Road
Wheaton, Illinois 60187
If to the District: Fire Chief
Oakbrook Terrace Fire Protection District
17W 400 Butterfield Road
Oakbrook Terrace, Illinois 60181
With a copy to: Power and Cronin, Ltd.
2 Trans Am Plaza Drive, Suite 370
Oakbrook Terrace, Illinois 60181
Attention: John Fassola
If to the Village: Office of the Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
5
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