IGA Oak Brook & Hinsdale Salt Creek Flood Mitigation Plan 06-27-1989 d_
INTERGOVERNMENTAL AGRE94ENT
BETWEEN THE VILLAGE OF OAK BROOK AND THE VILLAGE OF HINSDALE
FOR PREPARATION OF THE TOPOGRAPHIC SURVEYS
AND PRELIMINARY ENGINEERING ANALYSIS
FOR THE STORMWATER MANAGEMENT PLANNING OF LOWER SALT CREEK
FROM 22ND STREET (CERMAK ROAD) TO THE TRI-STATE TOLLWAY
THIS AGREEMENT is entered into this -2-71�A day of , 1989,
between the Village of Hinsdale, a municipal corporation, with
offices located at 19 East Chicago Avenue, Hinsdale, Illinois 60521
(hereinafter referred to as HINSDALE) , and the Village of Oak Brook,
a municipal corporation, with offices located at 1200 Oak Brook
Road, Oak Brook, Illinois 60521 (hereinafter referred to as OAK
BROOK) .
R E C I T A L S
WHEREAS, OAK BROOK and HINSDALE are public agencies within the
meaning of the Illinois Intergovernmental Cooperation Act, as
specified in Illinois Revised Statutes, Chapter 127 , paragraph 74:
et se q. ( 1987 ) and as authorized by Article V71 , Section 10 of the
1970 Constitution of the State of Illinois; and
WHEREAS, the purposes of the Intergovernmental Cooperation Act
and Article VII , Section 10 of the 1970 Constitution of the State of
Illinois include fostering cooperation among units of local govern-
ment in planning and providing services to their citizens; and j
WHEREAS, an Act related to county stormwater management (Ill.-
Rev.Stat. 1987, Chapter 34, paragraph 421.3) grants authority to the
County of DuPage to consolidate existing stormwater management
frameworks into a countywide structure and to set minimum countywide
standards in stormwater management for the control of destructive
floods , and for the conservation, regulation, development and
utilization of water, waterways , and water resources; and
WHEREAS, OAK BROOK and HINSDALE have determined that their
Aw from the engineering for stormwater
citizens will benefit
management; and
WHEREAS, a complete Preliminary Engineering Analysis herein-
WHEREAS,
after called PRELIMINARY ENGINEERING must be completed and shall
include Topographic Surveys , preparation of a Hydrologic Information
Package a Model/Full Equations (HIP-FEQ) computer model and
Feasibility Engineering for the Lower Salt Creek Basin; and
WHEREAS, OAK BROOK has entered into an Intergovernmental
A reement with the County of DuPage to prepare the PRELIMINARY
g
ENGINEERING for the Lower Salt Creek Basin; and
WHEREAS, HINSDALE has determined that it is prudent to partici-
pate ate with OAK BROOK in that part of the PRELIMINARY ENGINEER=NG for
that part of the Lower Salt Creek Basin that lies within the
municipal boundaries of Hinsdale. premises and mutual
NOW, THEREFORE, in consideration of the
covenants contained herein, the parties agree as follows:
1 .0 RECITALS INCORPORATED
itals are incorporated herein by
1 . 1 The foregoing rec
reference as though fully set forth. actual basis for
1.2 Said recitals shall constitute the f
this Agreement.
2 -
2 . 0 CONSULTANT OR ENGINEER REQUIREMENTS
2 . 1 OAK BROOK will hire a qualified Professional,
Engineer( s) to assist in the development of the PRELIMINARY
ENGINEERING for the Lower Salt Creek Basin from 22nd Street to
approximately 600 ' downstream of the Tri-State Tollway.
2 . 2 Such engineer(s ) se iNcted shall be directed to
provide the Topographic Surveys. If the selected engineer(s) does
not have surveyor capabilities, the engineer will subcontract for
the preparation of the Topographic Surveys.
2 . 3 Any engineer so hired shall be registered with the
Department of Professional Regulation, successor of the Department
of Registration and Education, State of Illinois. Any surveyor so
hired or subcontracted shall be a Registered Land Surveyor with the
Department of Professional Regulations of the State of Illinois.
3 . 0 CONTRACT PREPARATION OR APPROVAL
3 . 1 OAK BROOK shall prepare the contract documents
necessary to retain an outside consultant or engineer to perform the
PRELIMINARY ENGINEERING for the basin, and HINSDALE shall reserve
the right to review and approve such documents before they are
finally approved by OAK BROOK. Should HINSDALE disapprove of the
contract documents as approved by OAK BROOK, this Intergovernmental
Agreement will be null and void.
4.0 SCOPE OF WORK
4. 1 The final scope of work to be performed by consultant
shall be reviewed and approved by OAK BROOK and HINSDALE prior to
the issuance of a Notice to Proceed with the PRELIMINARY
ENGINEERING.
3 -
4 .2 OAK BROOK will coordinate any information it receives
from HINSDALE so that HINSDALE' S concerns are addressed within the
PRELIMINARY ENGINEERING.
4. 3 The Scope of Work shall include topographic surveys
of channel cross-sections and low entry points on flood plain
properties.
4.4 The Scope of Work shall require the refinement and
upgrade of the Lower Salt Creek Hydrologic Information Package/Full
Equations (HIP/FEQ) computer model to include data within the reach
of stream between 22nd Street and approximately 600 ' downstream of
the Tri-State Tollway.
4.5 Any Scope of Work shall sufficiently, without limita-
tion, describe hydraulic, hydrologic and economic information so
that OAK BROOK, HINSDALE and the County of DuPage are able to
evaluate their participation in any resulting recommended Projects.
4. 6 The Scope of Work shall include an economic
feasibility analysis outlining the cost/benefit ratio for all
alternative projects.
5. 0 FUNDING FOR PRELIMINARY ENGINEERING STUDY AND METHOD
OF PAYMENT FOR SERVICES AND MATERIALS
5.1 OAK BROOK shall enter into agreements with any such
consultant(s) or engineer(s) for materials and services as provided
in the development of PRELIMINARY ENGINEERING. The consultant(s) or
engineer(s) shall invoice OAK BROOK for such services as provided.
5.2 OAK BROOK shall pay all such invoices.
- 4 -
5. 3 HINSDALE will reimburse OAK BROOK ten percent (10% )
of the cost of the PRELIMINARY ENGINEERING up to a maximum
reimbursement of Fifteen Thousand Dollars ( $15, 000) . As OAK BROOK
is invoiced by the consultant or engineer, OAK BROOK will provide a
copy of such invoice to HINSDALE. HINSDALE will then forward its
ten percent ( 10%) reimbursement to OAK BROOK within sixty (60) days .
5. 4 The total fee for the material and services provided
in the development of PRELIMINARY ENGINEERING is estimated to total
One Hundred Fifty Thousand Dollars ( $150,000) , with HINSDALE'S share
not to exceed Fifteen Thousand Dollars ( $15,000) .
6. 0 INDEMNIFICATION
6. 1 OAK BROOK shall indemnify, hold harmless, d
HINSD any of its officers, employees, or ag om and
against all ty, claims, demands, and caus ction arising
out of or relate loss , damage, death, or loss or
damage to property res _ from ance of this Agreement.
However , OAK BROOK shall n obligated or responsible to
indemnify, hold harnles efend LE of any third parties
from or against an ity, claims , dem nd causes of action
arising out related to any loss , damage, death, or
loss ge to property resulting from or arisi of the
nt acts or omissions by HINSDALE or its officers, e
r agents.
.2 HINSDALE shall indemnify, hold harmless
OAK BROO Wofficer s from and
ON against all 1 1 1 d causes of action arising
o l
e ated to any loss, damage, r oss or
- 5 -
to property resulting from the performance of thi .
Howeve E shall not be obligated nsible to
indemnify, hol or defend O any third parties
from or against any liabi errands, and causes of action
arising out of or re any age, injury, death, or
loss or damag perty resulting fro ng out of the
neglig or omissions by OAK BROOK or its offi oyees,
S.
7.0 EFFECTIVE DATE AND TERM OF THIS AGREEMENT
7 . 1 This Agreement shall be effective on the date is is
executed by the parties hereto as specified in paragraph 10.0.
7 . 2 This Agreement shall remain in full force and effect
until two ( 2 ) years from the date of execution of this Agreement.
7 . 3 This Agreement may be extended only by written
agreement of the parties .
8. 0 AMENDMENT OR MODIFICATION OF THIS AGREEMENT
8 . 1 This Agreement may be amended or modified only by
written instrument signed by both OAK BROOK and HINSDALE.
9. 0 REMEDIES
9. 1 This Agreement may be enforced by the parties in a
court of competent jurisdiction by an action for specific
performance or any other available remedy.
10.0 EXECUTION BY THE PARTIES
I
10. 1 This Agreement shall be executed for and on behalf
of OAK BROOK and HINSDALE pursuant to official action taken by the
legislative body of each of the parties.
- 6 -
10 . 2 Certified copies of the evidence of official action
taken shall be attached hereto and made a part hereof as evidence of
authority exercised by the undersigned officers of OAK BROOK and
HINSDALE.
11 . 0 ENTIRE AGREEMENT
11 . 1 This Agreement 'represents the entire agreement
between OAK BROOK and HINSDALE, with respect to preparation of
PRELIMINARY ENGINEERING and supersedes all prior negotiations,
representations or agreements, either written or oral.
12 .0 GOVERNING LAW
12. 1 This Agreement shall be governed by the laws of the
State of Illinois.
IN WITNESS WHEREOF, the parties set their hands and seals as of
this date first written above.
VILLAGE OF HINSDALE VILLAGE , OAK B
By: .�— By:
W. -Mart Gross Wenc . Cern
Pre .dent President
Attest: Attest:
Y:
i� Village Clerk
a:strmwtr
7 -
VILLAGE OF OAK BROOK Minutes. -3- June 27, 1989
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
E. Salt Creek Flood Miti ation Plan (Between Roosevelt Road and 600 feet
South of the Tri-State Tollway) - Preliminary Engineering Contract -
Burke:
"Intergovernmental Agreement Between The Village of Oak Brook And The
County Of DuPage For Preparation Of The Topographic Surveys And
Preliminary Engineering Analysis For The Stormwater Management Planning
Of Lower Salt Creek From Cermak Road To The Tri-State Tollway" approved
at the Regular Meeting of February 28, 1989.
Trustee Payovich moved, seconded by Trustee Rush. . .
To approve and authorize the President and Clerk to execute the
contract with Christopher B. Burke Engineering, Ltd. regarding
preliminary engineering studies of Salt Creek in the not-to-exceed
amount of $150,000.00.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
F.
Salt Creek Flood Mitigation Plan - Intergovernmental Agreement -
Village of Oak Brook/Hinsdale:
"Intergovernmental Agreement Between The Village Of Oak Brook And The
County Of DuPage For Preparation Of The Topographic Surveys And
Preliminary Engineering Analysis For The Stormwater Management Planning
Of Lower Salt Creek From Cermak Road To The Tri-State Tollway" approved
at the Regular Meeting of February 28, 1989.
Trustee Payovich moved, seconded by Trustee Rush. . .
To approve and authorize the Village President and Clerk to execute the
Intergovernmental Agreement with Hinsdale regarding preliminary
engineering studies of Salt Creek.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
G. Ginger Creek Flood Mitigation Plan - _Approval of County/Consultant
Agreement (Donohue) :
"Intergovernmental Agreement Between The Village Of Oak Brook And The
County Of DuPage For Preparation Of The Topographic Surveys And
Preliminary Engineering Analysis For The Stormwater Management Planning
Of The Ginger Creek Basin" approved at the Regular Meeting of February
28, 1989.
Trustee Payovich moved, seconded by Trustee Bushy. . .
That the President and Board of Trustees approve of the selection of
Donohue & Associates, Inc. ,. the contract between Donohue and the County
and the scope of work for the Preliminary Engineering Study of Ginger
Creek.
VILLAGE OF OAK BROOK Minutes -3- June 27, 1989