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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: ___U. G.
Resolution No. 23-R-0076 — Amended Intergovernmental
Agreement with the County of DuPage for the Klein Road | FILE NUMBER:
Culvert Replacement Project COMMITTEE AGENDA DATE: NA
COUNCIL AGENDA DATE: August 21, 2023
STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman
SIGNATURE
ITEM SUMMARY:
In February 2022, the County of DuPage, through its Stormwater Management Department staff, issued
a call for projects for DuPage County Stormwater Management's American Rescue Plan Act (ARPA)
funded projects. In April 2022, the City submitted an application for the aforementioned grant funding for
its Klein Road Culvert Replacement Project. The culvert is severely deteriorated and past its useful life
cycle as evident by the rust and holes within the pipe. The culvert has also failed structurally.
The scope of work includes replacement of the entire roadway culvert with a new concrete box culvert,
new junction chambers on the east side, guardrails, pavement restoration, landscape restoration and
other miscellaneous items as necessary to complete the project. The estimated cost of project is
$338,000. This will a 50/50 funded project between the City and the County. The project is a
reimbursable grant; therefore, the City must pay for the entire project upfront. Only the actual
construction cost of the project is eligible for funding. In June 2022, the City received the official award
notice of the grant funding in the amount not-to-exceed $169,000. Subsequently, on September 19, .
2022, pursuant to Resolution No. 22-R-0048, the City Council approved an Intergovernmental Agreement
(IGA) with the County of DuPage for this project.
Since then the project has been advertised for bids twice with lowest apparent bid coming in much higher
than the estimated cost of the project at the time of grant application. On August 3, 2023, the
Infrastructure Committee recommended the award of the project to Alliance Contractors, Inc. for
$622,932.62. Staff has been working with the County to increase the funding amount to provide a 50/50
split based on the award amount. The County is supportive of this request and the changes are reflected
in the amended IGA. The grant funding is increased to $311,467.00.
Staff recommends approval of the amended IGA.
ACTIONS PROPOSED:
Approve Resolution No. 23-R-0076 authorizing the Mayor to execute an amended Intergovernmental
Agreement with the County of DuPage for the Klein Road Culvert Replacement Project
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 23-R-0076
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED
INTERGOVERNMENTAL AGREEMENT WITH
THE COUNTY OF DUPAGE FOR
THE KLEIN ROAD CULVERT REPLACEMENT PROJECT
BE IT FURTHER RESOLVED by the City Council of the City of West
Chicago, in regular session assembled, that the Mayor is hereby authorized to execute
an amended Intergovernmental Agreement with the County of DuPage for the Klein
Road Culvert Replacement Project, in substantially the form attached hereto and
incorporated herein as Exhibit “A”.
APPROVED this 21* day of August 2023.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Office Manager

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AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DUPAGE,
ILLINOIS AND THE CITY OF WEST CHICAGO FOR KLEIN ROAD CULVERT
REPLACEMENT
This AMENDED INTERGOVERNMENTAL AGREEMENT is made this 12" day of
September 2023 between the COUNTY OF DUPAGE, a body politic and corporate, with offices
at 421 N. County Farm Road, Wheaton, Illinois (hereinafter referred to as the COUNTY) and the
CITY OF WEST CHICAGO, a body politic and corporate, with offices at 475 Main Street,
WEST CHICAGO, IL 60185 (hereinafter referred to as the CITY).
RECITALS
WHEREAS, the CITY and the COUNTY are public agencies within the meaning of the
Illinois “Intergovernmental Cooperation Act” and as authorized by Article 7, Section 10 of the
Constitution of the State of Illinois; and
WHEREAS, the purposes of the “Intergovernmental Cooperation Act” and Article 7 of
the Constitution of the State of Illinois include fostering cooperation among government bodies;
and
WHEREAS, the Illinois General Assembly has granted the COUNTY authority to take
action to manage stormwater and control flooding and to enter into agreements for the purposes
of stormwater management and flood control (Illinois Compiled Statutes, Chapter 55 paragraphs
5/5-1062.3 and 5/5-15001 et. seq.); and
WHEREAS, the COUNTY has adopted the DuPage County Stormwater Management
Plan which recognizes the reduction of stormwater runoff as an integral part of the proper
management of storm and flood waters; and
WHEREAS, the COUNTY has been awarded $179,266,585 in funding through the
American Rescue Plan Act (ARPA); and
WHEREAS, ARPA permits the use of ARPA funds for stormwater infrastructure
projects; and
WHEREAS, the COUNTY Board has allocated a portion of its ARPA funds be dedicated
towards qualifying stormwater infrastructure projects; and
WHEREAS, the Stormwater Management Planning Committee and the DuPage County
Board have approved a municipal cost share program, and a portion of the funds dedicated to

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Stormwater Infrastructure are to be used to fund program specific shovel-ready projects that
demonstrate flood protection and resilience measures; and
WHEREAS, the Stormwater Management Department on behalf of the COUNTY has
developed and implemented a competitive grant program available to all municipalities in
DuPage County; and
WHEREAS, the CITY previously submitted an application under this grant program for
the “KLEIN ROAD CULVERT REPLACEMENT” that meets the criteria as a project that
qualifies as an ARPA Stormwater Infrastructure Project (herein referred to as the “PROJECT”);
and
WHEREAS, the COUNTY and the CITY previously determined that the implementation
of the PROJECT will benefit local citizens with flood protection, water quality and/or resilience
measures; and
WHEREAS, on October 11, 2022, the COUNTY and the CITY previously entered into
an “Intergovernmental Agreement Between County of DuPage, Illinois and the City of West
Chicago for Klein Road Culvert Replacement”; and
WHEREAS the CITY and the COUNTY now desire to amend and replace the original
Intergovernmental Agreement executed by the COUNTY and CITY on October 11, 2022, to
increase the amount of reimbursement payable to the CITY under that Agreement; and
WHEREAS, the CITY has requested COUNTY’S increased participation in cost sharing
of the PROJECT through a grant from the COUNTY’S American Rescue Plan Act, totaling an
amount not to exceed three hundred eleven thousand, four hundred sixty-seven dollars
($311,467); and
WHEREAS, it is in the best interest of the COUNTY and CITY to enter into this
AMENDED INTERGOVERNMENTAL AGREEMENT wherein the COUNTY has agreed to
increase the amount of the CITY’S reimbursement to three hundred eleven thousand, four
hundred sixty-seven dollars ($311,467), or an amount not to exceed 50% of the project’s total
cost; and
WHEREAS, the CITY shall pay all PROJECT expenses up front and will be reimbursed
for qualified expenses per this AGREEMENT; and
WHEREAS, the CITY shall share any available data collected from the PROJECT for the
purposes of fostering community education and improving upon similar future projects; and
NOW, THEREFORE, in consideration of the promises, 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:

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1.0
2.0
3.0
INCORPORATION AND CONSTRUCTION.
1.1
1.2
All recitals set forth above are incorporated herein and made a part thereof, the
same constituting the factual basis for this AGREEMENT.
The headings of the paragraphs and subparagraphs of this AGREEMENT are
inserted for convenience of reference only and shall not be deemed to constitute
part of this AGREEMENT or to affect the construction hereof.
PROJECT DESCRIPTION.
2.1
2.2
The PROJECT involves the removal and replacement of an existing undersized,
deteriorated 36” corrugated metal pipe with a concrete box culvert along with other
items such as guardrail replacement, concrete junction chambers, pavement
removal and replacement, restoration and other miscellaneous items as necessary.
The existing culvert is eroded and deformed with erosion near the upstream
embankment.
The PROJECT shall be developed essentially in accord with the engineering report
prepared by Engineering Resource Associates latest revision date of April 21, 2022,
which document is incorporated herein by reference but is not attached hereto due
to space limitations.
FUNDING.
3.1
3.2
3.3
The total construction related PROJECT costs are estimated to be six hundred
twenty-two thousand, nine hundred thirty-four dollars ($622,934). The
COUNTY’s maximum reimbursement amount is $311,467 or 50% of the
PROJECT cost, whichever is least. The anticipated cost share is as follows,
unless otherwise agreed to in writing as provided in Paragraph 3.2 below:
CITY OF WEST CHICAGO $311,467
COUNTY OF DUPAGE $311,467
TOTAL $622,934
The CITY shall be responsible for bearing any cost overruns or expenses in
excess of the funding listed in Paragraph 3.1, regardless of the cause, unless the
CITY and COUNTY agree to apportion such extra costs (through an amendment
consistent with Paragraph 8.1) before they are incurred.
This AGREEMENT shall in no way obligate the CITY to undertake this
PROJECT if the CITY in its sole discretion determines that it is no longer in the
CITY’s best interest to proceed with this PROJECT. However, in the event the
PROJECT is not substantially completed by October 31, 2024, the CITY shall
promptly reimburse the COUNTY any monies paid by the COUNTY to the CITY

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4.0
3.4
3.5
pursuant to this AGREEMENT. The CITY’s right to retain the COUNTY’S
reimbursement of PROJECT costs is expressly conditioned upon the CITY’S
timely and satisfactory completion of the PROJECT.
The CITY may only seek COUNTY reimbursement for allowable PROJECT
construction expenses incurred on, or before, October 31, 2024. Allowable
PROJECT expenses incurred and paid by the CITY in relation to the PROJECT
shall include third-party professional services related to the construction of the
PROJECT, but does not include construction management, bid advertising, etc.
Notwithstanding the foregoing, allowable expenses shall not include the CITY’S
administrative costs, overhead, payroll, land acquisition, legal or accounting
services.
As this Agreement utilizes ARPA funds, the CITY is aware that time is of the
essence in notifications as to whether the CITY will proceed with this project to
substantial completion not later than October 31, 2024. If the CITY fails to
communicate that the CITY is not proceeding with this project or if the CITY
fails to substantially complete this project by October 31, 2024, the COUNTY
may recoup any expended funds and withhold any unexpended funds to be used
for other permissible purposes in advance of the December 31, 2026 federal
recapture deadline.
CITY’S RESPONSIBILITIES.
4.1
4.2
4.3
44
4.5
The CITY shall be responsible for the preparation of the plans, specifications, and
bid documents for the PROJECT, together with the advertisement and award of
all PROJECT-related public bids. The CITY shall select, and contract with, all
vendors providing professional services for the PROJECT.
The CITY shall be responsible for successful completion of all phases of the
PROJECT, from design and construction through maintenance.
The CITY shall be responsible for securing all local, county, state, and federal
permits necessary for completion of the PROJECT.
The CITY shall be responsible for submitting copies of all permit applications and
related correspondence to the COUNTY in a timely manner to ensure sufficient
review by the COUNTY. The purpose of the COUNTY’S review shall be for the
sole purpose of documenting whether PROJECT work components qualify as
allowable expenses.
The CITY shall be responsible for obtaining all required land rights necessary for
the completion of the PROJECT.

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4.6
4.7
4.8
4.9
4.10
4.11
4.12
The CITY shall not be reimbursed by the COUNTY for work undertaken prior to
the signing of this AGREEMENT.
The CITY may enter into additional agreements to secure its portion of the local
PROJECT costs.
The CITY shall submit no more than one invoice per month to the COUNTY
during the construction and maintenance phases of the PROJECT. Under no
circumstances should the COUNTY be invoiced more than three hundred eleven
thousand, four hundred sixty-seven dollars ($311,467) or 50% of the PROJECT
costs, whichever is least. The invoice shall show the quantities, cost per item,
date of work incurred, proof of payment (copy of check), final waivers from the
primary contractor, and a brief summary of work completed on the PROJECT.
The CITY shall make direct payments, or cause to have payments made, to all
parties providing services related to this PROJECT. This requirement will not
affect the COUNTY’S obligation to reimburse the CITY in the amounts herein
agreed upon, nor shall this provision affect the CITY’S obligation to repay the
COUNTY in the event the PROJECT is not undertaken or completed, as
established in Paragraph 3.3.
The CITY shall make any data collected from the PROJECT available to the
COUNTY upon reasonable request by the COUNTY. The COUNTY shall be
allowed unlimited, but reasonable, access to the PROJECT area to observe and
review PROJECT work and all work documents (i.e., plans, change orders, field
orders, construction manager diaries, etc.). The COUNTY shall provide the
CITY reasonable advanced notice of when the COUNTY requires such access.
The COUNTY shall not be responsible for or have control over the design,
construction, means, methods, techniques or procedures with respect to any work
performed for the PROJECT. The CITY and CITY’S contractors shall be solely
responsible for the safety of all individuals performing work on the PROJECT.
The CITY shall take such measures as are necessary to ensure that its contractors
maintain the PROJECT areas in a safe condition and install appropriate barricades
and warning signs, and the CITY shall strictly enforce or cause to have strictly
enforced all applicable safety rules and regulations. This provision is not
intended to create any new burden or liability for the CITY beyond the usual
burdens and liabilities for a municipality in the construction of public
improvements. This section is intended merely to relieve the COUNTY from
such liabilities in this PROJECT. COUNTY’S role in conducting any review or
granting any consent or approval relates solely to the PROJECT’S eligibility
under the COUNTY’S ARPA funding.
The CITY must acknowledge the COUNTY using logo(s) and wording provided
by the COUNTY in permanent onsite signage (if applicable) and other promotion

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of the PROJECT including, but not limited to, printed materials, press releases and
presentations.
5.0 COUNTY’S RESPONSIBILITIES.
5.1
5.2
5.3
The COUNTY shall reserve the right to review the PROJECT plans and
specifications, prior to the CITY’s advertisement for contract services, together
with any subsequent change orders, addendums, or revisions thereto
(“CONTRACT DOCUMENTS”), for the purpose of verifying that PROJECT
components qualify for reimbursement through the COUNTY’S ARPA Grant.
The COUNTY shall promptly provide the CITY with any recommended changes
to the CONTRACT DOCUMENTS for PROJECT components to qualify for
reimbursement.
The COUNTY shall cost share in the PROJECT as follows:
5.2.1. The COUNTY shall reimburse the CITY for approved costs associated
with the PROJECT at a maximum amount of $311,467, or 50% of the
PROJECT cost whichever is least, which have been incurred and paid for
by the CITY, as specified in Paragraph 3.1.
5.2.2 The total reimbursement amount paid by the COUNTY shall not exceed
three hundred eleven thousand, four hundred sixty-seven dollars
($311,467).
5.2.3 In the event PROJECT costs total less than six hundred twenty-two
thousand, nine hundred thirty-four dollars ($622,934), the COUNTY’S
total reimbursement amount shall be not more than fifty percent (50%)
of the actual total PROJECT costs, or $311,467 whichever is least. Any
amounts overpaid by the COUNTY shall be promptly refunded by the
CITY.
5.2.4 The COUNTY shall not be obligated to pay invoices received after
December 30, 2024, regardless of when the work was completed and
notwithstanding that the COUNTY’S contribution limit has not been
reached.
5.2.5. The COUNTY shall not reimburse for any work completed before
entering into the IGA, nor shall pay for any work completed after
October 31, 2024.
5.2.6 | The COUNTY shall not reimburse for any work completed for invoices
received after December 30, 2024.
The COUNTY shall be allowed unlimited, but reasonable, access to the
PROJECT area to observe and review PROJECT work and work documents (i.e.,
plans, change orders, field orders, manager diaries, etc.) for the limited purpose of

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6.0
7.0
5.4
determining eligibility for COUNTY reimbursement, and the use of all data
collected as part of the PROJECT.
The COUNTY does not, and shall not warrant, and makes no representations that
the project meets all the qualifications and requirements for the expenditure of
ARPA funds.
GOVERNMENT REGULATIONS.
6.1
6.2
The CITY shall comply with all local, county, state and federal requirements now
in force, or which may hereafter be in force, pertaining to the PROJECT.
The CITY understands and agrees that ARPA funds are subject to audit and
potential recoupment by the Federal Government of the United States of America.
The CITY agrees to assist the COUNTY in responding to any audits of the ARPA
funds used for the project.
INDEMNIFICATION.
71
7.2
73
The CITY shall indemnify, hold harmless and defend the COUNTY or any of its
officials, officers, employees, and agents from and against all liability, claims,
suits, demands, liens, proceedings and actions, including reasonable 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 CITY'S performance under this AGREEMENT to the fullest extent the
CITY is so authorized under the law; provided, however, that the CITY shall not
be obligated to indemnify, hold harmless and defend the COUNTY for any
negligent or intentional wrongful misconduct or omissions by COUNTY officials
employees, agents, contractors or personnel.
2
The CITY shall specifically indemnify, hold harmless and defend the County or
any of its officials, officers, employees, and agents from and against all liability,
claims, suits, demands, liens, proceedings and actions, including reasonable 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 use of ARPA funds for this project, including, but not limited to audits,
recoupment of the ARPA funds used for this project, or fines and penalties
assessed related to using ARPA funds for this project.
The CITY shall require each consultant and contractor responsible for the
construction, maintenance, or monitoring of the PROJECT to name the CITY and
COUNTY as an additional insured party on said vendor's liability insurance
policy. Further, the CITY shall require that its consultants and contractors
indemnify, defend and hold harmless the CITY and COUNTY, its officers,
employees and elected officials from and against any claims, liability or

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74
judgments resulting from, or caused by, the negligence or willful conduct of such
consultant and, or contractor.
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, liens, proceedings and actions brought against them. Pursuant to
Illinois law, any attorney representing the COUNTY, under this paragraph or
paragraphs 7.1, 7.2 or 7.3 is to be the State’s Attorney, in accord with the
applicable law. The COUNTY’S participation in its defense shall not remove
CITY’S duty to indemnify, defend, and hold the COUNTY harmless, as set forth
above. Moreover, indemnity as provided in this AGREEMENT shall not be
limited by reason of any insurance coverage maintained by the CITY or its
consultants, contractors or agents. The CITY’S indemnification of the COUNTY
shall survive the termination, or expiration, of this AGREEMENT.
8.0 | AMENDMENT OR MODIFICATION OF THIS AGREEMENT.
8.1
8.2
The parties may modify or amend terms of this AGREEMENT only by a written
document duly approved and executed by both parties, excluding term extensions
as provided for in the following provision.
Notwithstanding Paragraph 8.1, above, the term for performing this
AGREEMENT may be extended by any suitable COUNTY designated form,
signed by both parties without formal amendment pursuant to Paragraph 8.1,
above.
9.0 TERM OF THIS AGREEMENT.
9.1
The term of this AGREEMENT shall begin on the date the AGREEMENT is
fully executed, and shall continue in full force and effect until the earlier of the
following occurs:
9.1.1 | December 30, 2024, or to a new date agreed upon by the parties.
9.1.2 | The completion by the CITY and COUNTY of their respective
obligations under this AGREEMENT, in the event such completion
occurs before December 30, 2024.
10.0 ENTIRE AGREEMENT.
10.1
10.2
This AGREEMENT, including matters incorporated herein, contains the entire
AGREEMENT between parties.
There are no other covenants, warranties, representations, promises, conditions or
understandings, either oral or written, other than those contained herein.

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10.3
10.4
This AGREEMENT may be executed in one or more counterparts, each of which
shall for all purposes be deemed to be an original and all of which shall constitute
the same instrument.
In the event of a conflict between the terms or conditions of this AGREEMENT
and any term or condition found in any exhibit or attachment, the terms and
conditions of this AGREEMENT shall prevail.
11.0 SEVERABILITY.
11.1
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.
12.0 GOVERNING LAW.
12.1
12.2
The laws of the State of Illinois shall govern this AGREEMENT as to both
interpretation and performance.
The venue for resolving any disputes concerning the parties’ respective
performance, or failure to perform, under this AGREEMENT, shall be the judicial
circuit court for DuPage County.
13.0 NOTICES.
13.1 Any required notice shall be sent to the following addresses and parties:
CITY of WEST DuPage County State’s Sarah Hunn
CHICAGO Attorney’s Office Director
ATTN: Michael Guttman, ATTN: Civil Bureau DuPage County
City Administrator 503 N. County Farm Rd. Stormwater Management
475 Main Street Wheaton, Illinois 60187 421 N. County Farm Road
WEST CHICAGO, IL Wheaton, Illinois 60187
60187
14.0 WAIVER OF/FAILURE TO ENFORCE BREACH.
14.1
The parties agree that the waiver of, or failure to enforce, any breach of this
AGREEMENT by the remaining party shall not be construed, or otherwise
operate, as a waiver of any future breach of this AGREEMENT. Further the
failure to enforce any particular breach shall not bar or prevent the remaining
party from enforcing this AGREEMENT with respect to a different breach.

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15.0 NO WAIVER OF TORT IMMUNITIES
15.1 Nothing contained in any provision of this Agreement is intended to constitute nor
shall constitute a waiver of the defenses, privileges or immunities available to the
parties under the Illinois Local Governmental and Governmental Employees Tort
Immunity Act.
IN WITNESS OF, the parties set their hands and seals as of the date first written above.
COUNTY OF DUPAGE CITY OF WEST CHICAGO
Deborah A. Conroy, Chair Ruben Pineda
DuPage County Board Mayor
ATTEST: ATTEST:
Jean Kaczmarek, Valeria Perez
County Clerk Executive Office Manager