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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 1 2 sisi2oos 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). OF 0Ak v G� ego 0 V G p 9�F CpUN��,`\' 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