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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