IGA County of DuPage & VOB -Construction of Improvements for Midwest Rd. (First Amendmnt) 09-23-2008 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 23rd day of September
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:
r
"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.
TNESS WHEREOF, the parties have caused this FIRST
EN T to be executed in duplicate counterparts, each of
is hall be considered as an original by their duly
uth d officers as of the date f above written.
Ro r J. hillerstrom, Chairman J M. Craig, Pre 'd nt
DuP g ounty Board llage of Oak Br o
4GaryA. ATTEST:
JrP4(,t�a
g Charlotte K. P russ
k Village Clerk
G` 0 r a�
ems;
eF00UN�r
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First AmendNil of Oak Brook-Midwest Rd
R E S O L U T I O N
DT-0078A-05
FIRST AMENDMENT TO THE 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
WHEREAS, the DuPage County Board has heretofore adopted DT-
0078-05, dated September 27, 2005 that authorized the County of
DuPage (hereinafter "COUNTY") to enter into an Intergovernmental
Agreement (hereinafter "AGREEME NT") with the Village of Oak Brook
(hereinafter "VILLAGE") for the reimbursement of water main costs
associated with the construction of improvements at CH 15/Midwest
Road between 22nd Street and Butterfield Road, , Section 02-00214-01-
WR; and
WHEREAS, the VILLAGE has 'requested that paragraph 4 .2 of the
AGREEMENT be amended to modify their costs associated with
construction engineeribg in the form of a First Amendment to the
AGREEMENT; and
WHEREAS, said First Amendment. to 'the AGREEMENT is in the best
interests of the COUNTY: and is authorized by law.
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 First Amendment to the
AGREEMENT with the Village of Oak Brook; and
BE IT FURTHER RESOLVED that a certified copy of this Amending
Resolution and a duplicate original First Amendment to the AGREEMENT
be sent to the Village of Oak Brook t rough the DuPage County
i
Division of Transportation. /
Enacted and approved this 2 day of September, 2008, at
Wheaton, Illinois .
Ro t J. Schillerstrom, Chairman
Ayes: 17 Du ge C my Board
Absent: 1 `
ATTEST: ew *
Gary A. g, County C k
i OFD
I�11S�o�l
r DuPage County
ROBERT I SCHILLERSTROM
DIVISION OF TRANSPORTATION COUNTY BOARD CHAIRMAN
FACSIMILE(630)407-6901
(630)407-6900
October 10, 2008
Mr. Dale Durfey,P.E.
Village Engineer
Village of Oak Brook `
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: DT-0078A-05
First Amendment to the Intergovernmental Agreement
For Construction of Improvements at CH 15/Midwest Road
Between 22nd Street and Butterfield Road
Section 02-00214-01-WR
Dear Mr. Durfey:
Enclosed for your file is the executed Amending Resolution DT-0078A-05 approved by the
DuPage County Board on September 23, 2008 for the First Amendment to the Intergovernmental
Agreement between the County of DuPage banthe Village Street oOaak Butterfield construction of
the improvements at CH 15/Midwest Road
If you have any questions or concerns please contact our office at 630.407.6900.
Very truly yours,
i
o P. Kos,P.E.
Director of Transportation and Operations
Enclosure
Cc: A. Dolan,DOT
421 N.COUNTY FARM ROAD WHEATON,IL 60187-2553 •
ITEM 10.1).
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 26, 2008
SUBJECT: Midwest Road Widening (22nd Street—Butterfield Road)
FROM: Dale L. Durfey, Jr., P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: The 2008 Budget has $41,000 for design and
construction engineering for this project.
RECOMMENDED MOTION: I move that the Village Board approve the "First
Amendment to the Intergovernmental Agreement
Between the County of DuPage and the Village of Oak
Brook for Construction of Improvements for Midwest
Road."
Background/History:
The Village has an Intergovernmental Agreement with DuPage County (copy attached)
regarding the installation of a replacement water main within Midwest Road in conjunction with
their paving project. That IGA states that the Village agrees to reimburse the County for the
water main costs and 10% of the final construction cost of the water main for construction
engineering. That IGA is dated September 27, 2005 and had a cost estimate of the water main as
$238,350.00 ($23,835 would be construction engineering that Oak Brook would pay).
Bids were opened in May and the water main portion originally calculated to $383,994.00, 61%
above the 2005 estimate. Some of the quantities in the bid tabulation were suspect and were
subsequently revised; the new amount is $364,584.00 (construction engineering is now
$36,458.40).
U
Last saved by administrator JAWORDDOOMidwest Rd Widen amend IGA P&BT.doc
Last printed 8/19/2008 1:28 PM
With such a large escalation of construction costs, we negotiated with County staff to keep the
original cost of construction engineering to $23,835.00. Even though the prices of materials and
labor have escalated since 2005,the level of inspection has not.
The County has prepared the attached Amendment to the IGA (affecting Paragraph 4.2) to revise
the construction engineering cost to be $23,835.00.
Recommendation:
I recommend that the Village Board approve the Amendment.
Last saved by administrator J:\WORDDOC\Midwest Rd Widen amend IGA P&BT.doc
Last printed 8/19/2008 1:28 PM