title
DT-R-0079B-23
RESCISSION OF LOCAL PUBLIC AGENCY AGREEMENT
APPROVED PER DT-R-0079A-23 AND APPROVAL
OF REVISED LOCAL PUBLIC AGENCY AGREEMENT
BETWEEN THE COUNTY OF DU PAGE AND
THE ILLINOIS DEPARTMENT OF TRANSPORTATION
CH 9/LEMONT ROAD (83RD STREET TO 87TH STREET) AND
CH 31/87TH STREET (HAVEN DRIVE TO LEMONT ROAD)
SECTION 16-00232-00-CH
(ESTIMATED COUNTY COST $4,591,614.00)
resolution
WHEREAS, the DuPage County Board heretofore adopted Resolution DT-R-0079-23 on August 22, 2023, and DT- R-0079A-23 on November 14, 2023, authorizing the County of DuPage (hereinafter referred to as COUNTY) and the Illinois Department of Transportation (hereinafter referred to as STATE) to enter into a Joint Funding Agreement for Construction Work for Federal Participation (“AMENDED AGREEMENT”) for improvements to CH 9/Lemont Road (83rd Street to 87th Street) and CH 31/87th Street (Haven Drive to Lemont Road), Section 16-00232-00-CH (hereinafter referred to as IMPROVEMENT); and
WHEREAS, Resolution DT-R-0079A-23 estimated construction cost for the IMPROVEMENT was $7,106,782.00 and the estimated cost to the COUNTY was anticipated to be $1,747,782.00 and the cost to the STATE was anticipated to be $5,359,000.00; and
WHEREAS, subsequent to Resolution DT-R-0079A-23 being approved by the COUNTY and the COUNTY signing the AMENDED AGREEMENT, but, prior to the STATE signing the AMENDED AGREEMENT, the estimated construction cost was reassessed, and the total estimated cost of construction is now estimated to be $9,950,614.00 and the increased COUNTY share is $4,591,614.00 with no change to the STATE’s share; and
WHEREAS, the COUNTY revised the Joint Funding Agreement for Construction Work for Federal Participation, (hereinafter referred to as SECOND AMENDED AGREEMENT) that is attached to this resolution to reflect the change in the total estimated construction cost and COUNTY share; and
WHEREAS, the DuPage County Board finds that it is in the best interest of the COUNTY to rescind the AMENDED AGREEMENT (essentially, a legal offer to the STATE) approved by the DuPage County Board per Resolution DT-R-0079A-23 and to approve the SECOND AMENDED AGREEMENT, and
WHEREAS, sufficient funds have been appropriated by the COUNTY to pay for its share of the construction cost of the IMPROVEMENT; and
WHEREAS, said SECOND AMENDED AGREEMENT must be executed before construction of the IMPROVEMENT can begin.
NOW, THEREFORE, BE IT RESOLVED, that the DuPage County Board rescinds Resolution DT-R-0079A-23 and its offer in the AMENDED AGREEMENT between the COUNTY and the STATE and replaces it with this revised Joint Funding Agreement for Construction Work for Federal Participation, SECOND AMENDED AGREEMENT, attached hereto; and
BE IT FURTHER RESOLVED that the DuPage County Chair is hereby authorized and directed to sign on behalf of the COUNTY, the referenced SECOND AMENDED AGREEMENT with the STATE; and
BE IT FURTHER RESOLVED that the Director of Transportation or his designee is hereby authorized to execute any other documents necessary and pertinent to said SECOND AMENDED AGREEMENT and shall take such action as may be necessary to carry out the terms of said SECOND AMENDED AGREEMENT; and
BE IT FURTHER RESOLVED that the County Clerk transmit a copy of this Resolution and any associated Illinois Department of Transportation BLR form appropriating the necessary motor fuel tax funds to pay for the improvement to the State of Illinois Department of Transportation, by and through the Division of Transportation.
BE IT FURTHER RESOLVED that six (6) original copies of the Resolution and SECOND AMENDED AGREEMENT be sent to the STATE, by and through the DuPage County Division of Transportation.
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Enacted and approved this 12th day of November, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK