IGA County of DuPage & VOB -Construction of Improvements for Midwest Rd. 09-27-2005 INTERGOVERNMENTAL AGREEMENT BETWEEN THE
THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK
FOR CONSTRUCTION OF IMPROVEMENTS FOR MIDWEST ROAD
THIS AGREEMENT is entered into this 27th day of September , 2005, between the
County of DuPage (hereinafter referred to as the "COUNTY"), a body corporate and politic,
with offices at 421 North County Farm Road, Wheaton, Illinois and the Village of Oak Brook
(hereinafter referred to as the "VILLAGE"), a municipal corporation with offices at 1200 Oak
Brook Road, Oak Brook, Illinois.
RECITALS
WHEREAS, the COUNTY and VILLAGE In order toi.facilitate the free flow of traffic and to
ensure the safety of the public desire to construct the`improvements to Midwest Road
between 22"d Street and Butterfield Roa l,. CQwnty Section;';02-00214-01-WR (hereinafter
referred to as"PROJECT"); and
WHEREAS, the COUNTY and th VILLAGE desire to cooperate in the construction of the
PROJECT because of the benefit.`of. PROJECT to the,rest ents of DuPage County, the
Village of Oak Brook and the pubtic; 4hd
WHEREAS, the COUNTY by virtue of its power set;forth in "County's Code" (55 ILCS 5/1- - —
1001 et se and "Illinois Highway Code" 605 ILCS_5/1 101 et_ t . and the Village by virtue
of its power set forth in the ``Illinois Municipal Code",(65 ILCS`5�r1-1-1 et. se are authorized
to enter into this agreement; and..
WHEREAS, a cooperative Inter-ovemmer3ta ;:;agreement is appropriate and such an
agreement is authorized and encouraged by„Article,.7, Section 10 of the Illinois Constitution
and Intergovernmental Cooperation Act (5 ILCS 2201 et se , and
WHEREAS, the VILLAGE desires the COUNTY to incorporate the relocation of the Village's
water main (hereinafter referred to as "WORK”) as part of the PROJECT in order to avoid
disruption to the motoring public at a later date; and
WHEREAS, the COUNTY is willing to incorporate this WORK into the Plans and Specification
of the PROJECT, subject to reimbursement by the VILLAGE; and
WHEREAS, a cost estimate of $238,350 has been prepared for this WORK and the cost is
agreeable to the VILLAGE;
NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms,
and conditions herein set forth, and the understandings of each party to the other, the
parties do hereby mutually covenant, promise and agree as follows:
Oak Brook Agreement 1 July 21,2005
1.0 INCORPORATION.
1.1. All recitals set forth above are incorporated herein and made part hereto,
the same constituting the factual basis for this AGREEMENT.
1.2. The headings of the paragraphs and subparagraphs of this
AGREEMENT are inserted for convenience and reference only and shall
not be deemed to constitute part of this AGREEMENT or to affect the
construction hereof.
2.0 SCOPE OF WORK
2.1. The COUNTY and:VILLAGE agreet to cooperate in and make every effort to
cause the construction of the PROJECT41�^
2.2. The VILLAGE hafequested the COUNTY"to design and incorporate the
relocation of':`app .Rimately 2200 linear feet o, water main in the Project
(hereinafter referred toes
2.3. The COUNTY]ar��dVILLAGE agree that the scopof the WORK will be shown
in the COUNTYcontract plans for: Section2 00214-01-WR which are
incorporated`herewith and'made',part of this Agreement by reference hereto.
3.0 RESPONSIBILITIES OV THE COUNTY.
3.1. The COUNTY shall-act as the Iota'agency and be responsible for completing
all preliminary and design .engineering; fight-of-way acquisition (if necessary),
contractor and engineer selection; awarding of bids (if any), permit processing,
utility coordination, construction engineering and construction of the PROJECT.
3.2. The COUNTY agrees to submit the Plans and Specifications for the PROJECT
to the VILLAGE for review and approval of the WORK incorporated therein.
The VILLAGE shall provide review and approval within fourteen (14) days of
receipt of the Plans and Specifications, said approval shall not be unreasonably
withheld.
4.0 RESPONSIBILITIES OF THE VILLAGE
4.1. The VILLAGE shall reimburse the COUNTY for the WORK. Said
reimbursement for the WORK will be determined by the installed quantity times
the unit cost bid by the COUNTY's contractor. j
i
4.2. The VILLAGE agrees to reimburse the COUNTY an additional ten percent
(10%) percent of the final 'construction cost of the WORK for construction
engineering and $13,200.00 for the design engineering.
4.3. The VILLAGE agrees to reimburse the COUNTY ninety percent (90%) of the
cost for the WORK (construction and construction engineering) within sixty (60)
Oak Brook Agreement 2 July 21,2005
days of receiving notice from the COUNTY of the award of the construction
contract and invoice for the PROJECT. The remaining ten percent (10%) shall
be paid to the COUNTY after the completion of the PROJECT and the
COUNTY has submitted final invoice and documentation satisfactory to the
VILLAGE that indicates final quantities and a statement that all costs have
been paid. The VILLAGE agrees to reimburse the COUNTY for the design
engineering upon the completion of the engineering and receipt of an invoice
from the COUNTY.
5.0 MAINTENANCE
5.1. Upon completion of the PROJECT, the VILLAGE shall maintain, or cause to be
maintained, in a satisfactory manner the constructed improvements resulting
from the WORK.
6.0 INDEMNIFICATION ` Uh
6.1. The COUNTY shall_Indemnify to the by law, hold harmless
and defend the VILLAGE Its officials, officers, employees, and agents from
and against. ]i:a8iI it:y, claims, suits, demands, proceedings and action,
including costs, fees and expense of defense, arising from, growing out of, or
related to, any loss, damage, injury, death; oross or damage to property
resulting from, or connected with, the COUN13 S ;.negligent or willful acts,
errors or omissions in Its,pq.OrTr ance under thisrAGREEMENT. The COUNTY
does not hereby waive any defense or immunity available to it with respect to
third parties.
6.2. The VILLAGE shall indemnify tkjthe extent permitted by law, hold harmless and
defend the COUNTY; ,if`officials, officers,:,employees, and agents from and
against all liability, claims, suits demand's, proceedings and action, 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 VILLAGE'S negligent or willful acts, errors or omissions
in its performance under this AGREEMENT. The VILLAGE does not hereby
waive any defense or immunity available to it with respect to third parties.
6.3. Nothing contained herein shall be construed as prohibiting the COUNTY, its
officials, directors, officers, agents and employees, 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, 55 ILCS 5/3-9005, any attorney representing the COUNTY, under this
agreement, is to be appointed a Special Assistant State's Attorney, as provided
in 55 ILCS 5/3-9008. The COUNTY'S participation in its defense shall not
remove VILLAGE'S duty to indemnify, defend, and hold the COUNTY
harmless, as set forth above.
6.4. Nothing contained herein shall be construed as prohibiting the VILLAGE, its
officials, directors, officers, agents and employees, from defending through the
selection and use of their own agents, attorney and experts, any claim, suits,
demands,proceedings and actions brought against them. The VILLAGE's
Oak Brook Agreement 3 July 21,2005
participation in its defense shall not remove the COUNTY's duty to indemnify,
defend and hold the VILLAGE harmless as set forth above.
7.0 ENTIRE AGREEMENT
7.1. This AGREEMENT represents the entire AGREEMENT between the parties
with respect to the PROJECT, and supersedes all previous communications or
understandings whether oral or written.
8.0 NOTICES
8.1. Any notice required hereunder shall be deemed properly given to the party to
be notified at the time it,.is;,personally.delivered or mailed by certified mail,
return receipt requested, to the party s address. The address of each party is
as specified below; either pad.*-C m@ ithange`its address for receiving notices by
giving notices thereof inyconbpliance with fhe.,terms of this subsection.
AN
Dale Durfey, P E k
Village Engineer e
Village of Oak Brook
1200 Oak Brook Road
r
Oak Brook, I
-C 605'23-2255...
Charles Tokarski,;'P E
County Engineer:.
DuPage County
Division of Transportation
�,
421 N. County Farm Road
Wheaton, IL 60187
9.0 AMENDMENT, MODIFICATION OR TERMINATION OF THIS AGREEMENT
9.1. No modification or amendment to this AGREEMENT shall be effective until
approved by the parties in writing.
10.0 NON-ASSIGNMENT
10.1. This AGREEMENT shall not be assigned by either party without the written
consent of the other party, whose consent shall not be unreasonably withheld.
11.0 GOVERNING LAW
11.1. This AGREEMENT shall be governed by the laws of the State of Illinois as to
both interpretation and performance.
11.2. The forum for resolving any disputes concerning the parties' respective
performance, or failure to perform, under this AGREEMENT, shall be the
18th Judicial Circuit Court, Wheaton, Illinois.
Oak Brook Agreement 4 July 21,2005
F
12.0 SEVERABILITY
12.1 In the event, any provision 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.
13.0 FORCE MAJEURE
13. Neither party shall be liable for any delay or non-performance of their
obligations caused by any:contingency beyond their control including but
not limited to Acts of God, War,,.civil unrest, strikes, walkouts, fires or
natural disasters.g
N
WITNESS whereof;,tha arbes set,their hands and seals as of the date first written
ab v
R4rtchillerstrorn, Chairman Pres ent Dnty Board Vil e'of Oak ookQ
Gary Af g, County Clerk Ilage Glerk - v -
Village of Oak Brook
X1!4 O F DAB
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G •r �
NTY
Oak Brook Agreement 5 July 21,2005
R E S O L U T I O N
DT-0078-05
INTERGOVERNMENTAL AGREEMENT
BETWEEN COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK
FOR CONSTRUCTION OF IMPROVEMENTS
AT CH 15/MIDWEST ROAD
BETWEEN 22ND STREET AND BUTTERFIELD ROAD
SECTION 02-00214-01-WR
(COUNTY TO BE REIMBURSED $238, 350)
WHEREAS, the County of DuPage (hereinafter "COUNTY") and the
Village of Oak Brook (hereinafter "VILLAGE") desire to cooperate by
improving CH 15/Midwest Road between 22nd Street and Butterfield
Road, Section 02-00214-01-W (here n.a.fter referred to as the
"PROJECT") ; and
WHEREAS, the 1970;" Il'l nois 'Co.nstit-Utio�,;,Article VII, Section
10 and 5 ILCS 220/1, ..et -$eq: authorizes the COUNTY and the VILLAGE
to cooperate in the performance of :their responsibilities by
contract and in the form of other agreements'; a.nd
wx
WHEREAS, an Agreement has been prepared ,and attached hereto.
Said Agreement out} lnes tie fi� ax�cial participation and other
responsibilities of the COUNTY a.nd the .VILLAGE- for the PROJECT; and
WHEREAS, said Agreement must be executed before the PROJECT may
.:.. ..... . .
be initiated.
NOW, THEREFORE, BE IT RESOLVED by the County Board of DuPage
County, that the Clerk and Chairman of the Board be hereby directed
and authorized to execute the aforementioned Agreement with the
Village of Oak Brook; and
BE IT FURTHER RESOLVED that a iginal copy of this Resolution
and Agreement be sent to the Vi1 e of Oak Brook through the DuPage
County Division of Transportati n
Enacted and approved this 7 of September, 2005, at
Wheaton, Illinois .
Rob t Schillerstrom, Chairman
Du.Pa my Board
Ayes: 16
Absent:-- 1
Vacanc : 1 ATTEST
Gary A. K' , County Clerld
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK
FOR CONSTRUCTION OF IMPROVEMENTS FOR MIDWEST ROAD
THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF
OAK BROOK FOR CONSTRUCTION OF IMPROVEMENTS FOR MIDWEST ROAD
(hereinafter referred to as the "FIRST AMENDMENT") , is
entered into this day of r 2008,
between the County of DuPage (hereinafter referred to as
the "COUNTY") , a body corporate and politic, with offices
at 421 N. County Farm Road, Wheaton, Illinois, and the
Village of Oak Brook (hereinafter referred to as
"VILLAGE") , an municipal corporation with offices at 1200
Oak Brook Road, Oak Brook, Illinois. The COUNTY and the
VILLAGE are sometimes .. hereinafter individually referred to
as a "party" or together as the "parties. "
RECITALS
WHEREAS, the COUNTY and the VILLAGE entered into an
Intergovernmental Agreement Between the County of DuPage
and the Village of Oak Brook for Construction of
Improvements for Midwest Road dated September 27, 2005,
(hereinafter referred to as "AGREEMENT) ; and
WHEREAS, the VILLAGE has requested that the AGREEMENT
be amended to modify their costs associated with
construction engineering.
NOW, THEREFORE, in consideration of the premises and
mutual covenants contained herein, the parties agree that:
1. 0 RECITALS INCORPORATED
1 . 1. The foregoing recitals are incorporated herein by
reference as though fully set forth.
2. 0 AMENDMENT
2 . 1. That paragraph 4 . 2 of said AGREEMENT be revised
to read as follows and is incorporated herein:
"The VILLAGE agrees to reimburse the COUNTY
$23, 835. 00 for construction engineering of the
WORK and $13, 200 . 00 for design engineering. The
VILLAGE also agrees to reimburse the COUNTY an
additional ten (100) percent of the final
construction costs for any additional items
requested and added to the WORK during
construction by the VILLAGE for construction
engineering. "
2 . 2 . It is mutually agreed by and between the parties
hereto that all covenants contained in the
AGREEMENT which are not in conflict with this
FIRST AMENDMENT shall remain in full force and
effect and are incorporated herein.
IN WITNESS WHEREOF, the parties have caused this FIRST
AMENDMENT to be executed in duplicate counterparts, each of
which shall be considered as an original by their duly
authorized officers as of the date fi above written.
J�
Robert J. Schillerstrom, Chairman J M. Craig, Pre Cd nt
DuPage County Board llage of Oak Br o
ATTEST: ATTEST:
Gary A. King Charlotte K. Pruss
County Clerk Village Clerk
co I
• +, �^ , �
First Amend/Vil of Oak Brook-Midwest Rd 2 8/8/2008
.� O&P
.j
0 e C�/� DuPag County
ROBERT J.SCHILLERSTROM
DIVISION OF TRANSPORTATION COUNTY BOARD CHAMIAN
(630)407-6900 FACSIMILE(630)407-6901
November 28, 2005 >� 1
Mr. Dale Durfey, P.E.
Village Engineer
Village of Oak Brook F ,
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: DT-0078-05
Intergovernmental Agreement
CH 15/Midwest Road
Between 22"d Street and Butterfield Road
Section 02-00214-01-WR
Dear Mr. Durfey:
Enclosed please find the aforementioned executed Resolution/Agreement for your files which was
approved by the DuPage County Board on September 27, 2005.
If you have any questions regarding this agreement please do not hesitate to give us a call at 630/407-
6900. Thank you for your continued cooperation.
Sincerely,
Aa4��
Dixie L. Van Vorous
Division Assistant
Enclosure
421 N.COUNTY FARM ROAD WHEATON,IL 60187-2553