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IGA County of DuPage & VOB -Retaining Wall Replacement at 31st St. & Trinity Ln. 11-13-2007 R E S O L U T I O N DT-0002-08 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OE' OAK BROOK FOR RETAINING WALL REPLACEMENT AT 31ST STREET AND TRINITY LANE SECTION 04-00000-05-MS (ESTIMATED COUNTY COST OF: $14, 300. 00) WHEREAS, the Village of Oak Brook (hereinafter "VILLAGE") and the County of DuPage (hereinafter "COUNTY") are public agencies within the meaning of Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. ; and WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois encourages and provides for units of local government to contract and otherwise associate with each other to exercise, combine or transfer any power or :function; and WHEREAS, the COUNTY by virtue of its power set forth in the Counties Code, 55 ILCS 5/1001 et seq. , and the VILLAGE by virtue of its power set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. , are authorized to enter into Agreements and Contracts; and WHEREAS, the COUNTY in order to ensure the safety of the public awarded a contract to replace retaining walls at various locations along the County Highway System, Section 04-00000-05-MD (hereinafter referred to as "PROJECT") ; and WHEREAS, the VILLAGE has requested replacement of an existing retaining wall in the right-of-way of CH 34/31st Street at the southwest corner of 31st Street and Trinity Lane and has requested that the wall be replaced with a specific type of block wall and safety railing (hereinafter "WORK") ; and WHEREAS, the COUNTY was willing to include said WORK as a part of the COUNTY' S PROJECT; and WHEREAS, an Agreement has been prepared and is attached that outlines the rights and responsibilities of the COUNTY and the VILLAGE; and WHEREAS, the Agreement must be executed to define the rights and responsibilities of the COUNTY and the VILLAGE related to the WORK. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Clerk are hereby directed to execute the attached Agreement; and BE IT FURTHER RESOLVED that a c ifi.ed original of this Resolution and Agreement be sent to t e Village of Oak Brook through the Division of Transportation. � Enacted and approved this 2 nd y of January, 2008 at Wheaton, Illinois. o r J. illerstrom, Chairman g unty Board ATTEST: Gary A. ing, Coun Clerk Ayes: 16 Absent: 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR RETAINING WALL REPLACEMENT-311T STREET AND TRINITY LANE SECTION 04-00000--05-MS This Intergovernmental Agreement (hereinafter referred to as "AGREEMENT") is entered into as hereinafter set forth, by and between the County of DuPage (hereinafter referred to as the "COUNTY") , a body corporate and politic, with offices at 421 North County Farm Road, Wheaton, Illinois and the Village of Oak Brook (hereinafter referred to as the "VILLAGE") , a municipal corporation with off3cs, at ,1200 Oak Brook Road, Oak Brook, Illinois. RECITALS WHEREAS, the CONT� in#;ordo ensurthe safety of the public has replaced 'Ie ini.ng ewa1Fls at various ocations along 1 .the County Highway`Syem � Setroxi �4 000005 MS (hereinafter referred to as "PR©JEC. r and °s n a_ WHEREAS, the COUNTY and the VILLAGt desi.r6 to cooperate in the construction of t� , PROJECT- because of the benefit of the PROJECT to the residents;°.Qf Dueounty, the Village of Oak Brook and the public; and.. WHEREAS, the VILLAGE has requested replacement of an existing wall on CH 34/31st Street right-.of-way at the southwest corner of 31St Street and Trinity Lane and has requested that the wall be replaced with a specific type of block wall and safety railing (hereinafter "WORK") ; and WHEREAS, the COUNTY is willing to include said WORK as a part of the COUNTY' S PROJECT; and WHEREAS, the COUNTY by virtue of its power set forth in "County' s Code (55 ILCS 5/1-1001 et se - ) and "Highway Code" 605 ILCS 5/1-101 et seq. and the VILLAGE (Code Title I) are authorized to enter into this AGREEMENT; and Oak Brook-IGA-Ret..Walls 11-5-07 WHEREAS, a cooperative intergovernmental agreement is appropriate and such an agreement is authorized and encouraged by Article 7, Section 10 of the Illinois Constitution and Intergovernmental Cooperation Act (.5 ILCS 22011 et seq. ) . NOW, THEREFORE, in consideration of the premises, 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: 1.0 INCORPORATION. 1 . 1. All recitals set. :forth above re incorporated herein and made par,t�the ame ponstituting the factual ba5 kot th ,AGREIT ij 1.2 . The header gs 'f",�t:he aphis % .'d t bparagraphs of this AGREEM I are fth inx'serts`l . C;Olnvenience of referend-e- o .y 'andfs 'not b6 erddd to constitute part of th1,s A REEVE T or : o aff(�Et the construction hereof. 3 y E k k � 2.0 SCOPE OF WORK ,F 2 . 1. The VILLAGE and C�3i71�1 ,fee that the COUNTY will act as lead agency for the PROJECT/WORK and the COUNTY agrees to make every effort to cause the construction of the PROJECT/WORK. 2 . 2. The VILLAGE and the COUNTY agree that the scope of WORK will include replacement of the existing retaining wall in the southwest corner of CH 34/31st Street and Trinity Lane with a concrete block retaining wall and a chain link safety railing installed between the retaining wall and adjacent bike path. 2 . 3. The VILLAGE and the COUNTY agree that the approximate cost to the COUNTY for the WORK is $14, 300. 00. Oak Brook—IGA—Ret.Walls 2 11-5-07 3. 0 RESPONSIBILITIES OF THE PARTIES 3. 1. The COUNTY shall. be responsible for completing all preliminary and design engineering, permit processing, utility coordination, construction engineering and construction for the WORK. 3.2. Both the COUNTY and VILLAGE agree that the COUNTY shall administer the contract for the construction of the WORK. The COUNTY agrees to administer the WORK in the best interest of both parties and to consult with, and keep advised, officials of the VILLAGE regarding the progress� of ot„be WORK and any problems encountered or =char°ges recommended. Ar H F� ` A v y „ 3� r� ry �a • F� t 4.0 MAINTENANCE V `x 4 . 1. The VILLIE, ag�> e �tQ ' ? nl miati the concrete block wa1d :s oloi;ng acceptance by the VILLAGE ,,af t he o 1plet d =n10 Said acceptance �4 by the VI'LUAGE shall`l`n6t 'bed nreasonably withheld. IS 3 k a, #• 5.0 INDEMNIFICATION � > 5. 1. The COUNTY shall, to the extent permitted by law, indemnify, hold harmless and defend the VILLAGE, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including 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 COUNTY' S negligent or willful acts, errors or omissions in its performance under this AGREEMENT to the extent permitted by law. The COUNTY does not hereby waive any defenses or immunity available to it with respect to third parties . 5. 1. 1. The COUNTY and the VILLAGE acknowledge that the COUNTY has made no representations, assurances or guaranties regarding the COUNTY'S or any successor' s or assign' s authority and Oak Brook-1GA-Ret.Walls 3 11-5-07 legal capacity to .indemnify VILLAGE as provided for in this AGREEMENT. In the event a court of competent jurisdiction holds that the COUNTY, or any successor or assign, is deemed to lack the lawful_ authority or ability to indemnify, defend or hold harmless the VILLAGE, or any person or entity claiming a right through VILLAGE, or in the event of change in the laws of the State of Illinois governing COUNTY' s or any successor' s or assign' s indemnification authority, such occurrence (s) shall not effect the validity and enforceability of the remainder of this AGREEMENT or the parties rights and obligations provided for therein.: 5. 2. The VILLAGE shall &T%definfy� hold; harmless and defend the COUNTY, its`_offic. ials, '4,k- cei s, employees, and agents from'aAd agar nst all laa�ilit.y, claims, suits, demands, proedingsa analactnn, in� uding costs, fees and ex1ns,e ofcifen> e, axi ng -from, growing out of, or �lated ,to, any loss, mage, injury, death, or loss or� ciamage to rop y resulting from, or connectewith, the VI LLA.GE' Segligent or willful acts, err()°rsi4or ;bmrssrons_ In i'ts performance under- this AGREEMENT to the extent permitted by .law. The VILLAGE does.inot hereby waive any defenses or immunity available tQaith respect to third parties. 5. 3. 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, proceedings and actions brought against them. Pursuant to Illinois law, 55 ILCS 5/3-9005, any attorney representing the COUNTY under this paragraph is to be appointed a Special Assistant State' s Attorney, as provided in 55 ILCS 5/3-9008 . The COUNTY' S participation in its defense shall not remove VILLAGE' S duty to indemnify, defend, and hold the COUNTY harmless, as set forth above. 5 . 4 . Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. The VILLAGE' S and COUNTY' S indemnification under Section 5. 0 hereof Oak Brook—IGA—Ret.Walls 4 11-5-07 shall terminate when the PROJECT is completed and the VILLAGE assumes its maintenance responsibilities as set forth in 4 . 1 hereof. 6.0 ENTIRE AGREEMENT 6. 1. This AGREEMENT represents the entire AGREEMENT between the parties with respect to the PROJECT/WORK, and supersedes all previous communications or understandings whether oral or written. 7. 0 NOTICES 7 . 1. An notice pie u eithereunc sh'a1 be deemed properly give,r 'to Ythrttza e ratified at the d $ k time it i.S-p o?��1 verb r mailed by certifiem l ret nn r.Ppeip � gue ted, to the party' s .add s . , he actress 0, each party is as specified; b Iac e�tY gr;; ?a ty may change its address for. recd i rieti e' , by a nq t-�'es thereof in compli anee with,=?th0i etM-s 4 th` subsection. ,f For the VILLAGE: th,eUNTY: Dave Niemeyer Char,lbs F. Tokarski, P.E. Village Manager a1 y Engineer Village of Oak Brook DuPage County 100 Oak Brook Road Division of Transportation Oak Brook, IL 60523-2255 421 N. County Farm Road Wheaton, IL 60187 8.0 AMENDMENT, MODIFICATION OR TERMINATION OF THIS AGREEMENT 8 . 1. No modification or amendment. to this AGREEMENT shall be effective until approved by the parties in writing. 9. 0 ASSIGNMENT Oak Brook-IGA-Ret..Walls 5 11-5-07 9. 1 . This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 10 .0 GOVERNING LAW 10. 1 . This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance. 10.2 . The forum for resolving any disputes concerning the parties' respective performance, or. failure to perform, under &A' ° A REE"ME T ° .shall be the judicial circuit court,for .a onto z 7Y 2 11 .0 SEVERABILITY � F4 ; 13. 1 In the evnri �p�ouis ion of�tli AGREEMENT is held to be unenf© cabe oavald 0_ttll the enforceab`�i 1 ' hei4e•a s a neat f$e t the remainder of the AGREENT��;, h = rmander t ;is AGREEMENT shall be cb-nstrue6ei a?; s ;i€f nit 'contatn2ng the particular provi_sion ` & shall continue in full force, effec ;, and er bll j"in accordance with its terms. s. 14. 0 FORCE MAJEURE 14 . 1 Neither party shall be liable for any delay or non- performance of their obligations caused by any contingency beyond their control including but not limited to Acts of God, war, civil unrest, strikes, walkouts, fires or natural disasters. This AGREEMENT shall become effective on the day on which both parties hereto have executed this document. IN WITNESS WHEREOF, the parties hereto have each caused this AGREEMENT to be executed by their duly authorized officers Oak Brook-IGA-Ret.Walls 6 11-5-07 and to be attested to and their corp ate seals to be hereunder affixed. Signed this 22nd day of an v 2007 at Wheaton, Illinois. ob r J. Schillerstrom, Chairman u ge C unty Board ATTEST. " A Ong, County lerk Signed this y Hof ' 20®7 at Oak Brook, ' g w"3 ;Z Illinois. r r t W t` 4 a 4 Craig; P dent V€ " lla°ge $of Oaks Brook " Y oc! OF 0,q�' AT E I V15 Charlotte Pruss ® Village Clerk Oak Brook-IGA-Ret.Walls 7 11-5-07 STATE OF ILLINOIS) ) SS COUNTY OF DU PAGE) I, GARY A. KING, COUNTY CLERK AND CLERK OF THE COUNTY BOARD IN THE COUNTY AND STATE AFORESAID, AND KEEPER OF THE RECORDS AND FILES THEREOF, DO HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF A RESOLUTION ADOPTED BY THE COUNTY BOARD AT A MEETING HELD AT THE DU PAGE CENTER, 421 NORTH COUNTY FARM ROAD, WHEATON, ILLINOIS, ON THE 22ND DAY OF JANUARY , A.D. 20 08. ALL OF WHICH APPEARS FROM THE RECORDS OF THE PROCEEDINGS OF SAID COUNTY BOARD NOW IN MY OFFICE REMAINING. GIVEN UNDER MY HAND AND OFFICIAL SEAL AT WHEATON, ILLINOIS, THIS 23RD_ DAY OF _ JANUARY , A.D. 2008 - COUNTY ERK'AND CLE OF THE ffoUNTY BOARD DU PAGE COUNTY, ILLINOIS GO��Ugd� ]k fJ �'Olw 11r' DuPage County ROBERT J.SCMLLERSTROM DIVISION OF TRANSPORTATION COUNTY BOARD CHAmMAN (630)407-6900 FACSIMILE(630)407-6901 February 1,2008 Mr. Dale L. Durfey,Jr.,P.E. Village Engineer Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Re: DT-0002-08 Intergovernmental Agreement For Retaining Wall Replacement At 31 st Street and Trinity Lane Dear Mr. Durfey: Enclosed for the Village of Oak Brook's file is the executed Resolution and Intergovernmental Agreement approved by the DuPage County Board on January 22,2008 for the retaining wall replacement at 31St Street and Trinity Lane. If you have any additional questions or concerns please contact our office at 630.407.6900. Very truly yours, ,4�P. Xw- o P. Kos,P.E. Director of Transportation and Operations JPK:gdg Enclosure Cc: A. Dolan,D. VanVorous/DOT JTK ADMINISTRATION BUILDING • 421 N.COUNTY FARM.ROAD • WHEATON,IL 60187-2553 OP DuPage County ROBERT J.SCMLLERSTROM DIVISION OF TRANSPORTATION COUNTY BOARD CHAIItMAN (630)407-6900 FACSIMILE(630)407-6901 Via: FedEx November 5, 2007 - Mr. Dale L. Durfey, Jr., P.E. Village Engineer Village of Oak Brook 100 Oak Brook Road Oak Brook,IL 60523-2255 Re: Retaining Wall Replacement—Various Locations Section 04-00000-05-MS (CH 34/31" Street and Trinity Lane) Intergovernmental Agreement Dear Mr. Durfey: Pursuant to our discussion, enclosed are two duplicate originals of the revised intergovernmental agreement for the above referenced project. Please have both originals signed and returned to me. A fully executed original will be returned to you after approval by the County Board. Thank you for your cooperation and support of this intergovernmental effort. If there are any questions,please feel free to contact me at 407-6896. Very truly yours, " h J&S, Agnes olan Right-of-Way Coordinator Ad/Enc. 0 421 N.COUNTY FARM ROAD WHEATON,IL 60187-2553 PGA p F Oq k 49 v ti - O O v co v C�OOUN'tl,�� AGENDA ITEM Regular Board of Trustees Meeting of November 13, 2007 SUBJECT: CH 34/31 st Street at Trinity Lane Retaining Wall Replacement Intergovernmental Agreement FROM: Dale L. Durfey, Jr., P.E., Village Enginee BUDGET SOURCE/BUDGET IMPACT: N.A. RECOMMENDED MOTION: I move to approve the Intergovernmental Agreement Between the County of DuPage and the Village of Oak Brook for Retaining Wall Replacement - 31St Street and Trinity Lane. Background/History: Attached please find a copy of a letter dated November 5, 2007 from Agnes Dolan and a proposed Intergovernmental Agreement (IGA). This regards the recent removal by DuPage County of an older wooden retaining wall which had deteriorated with a new concrete segmental block wall with a safety railing. The Village Board previously reviewed this subject at its meeting of June 26, 2007 when it authorized Acting Village Manager Jeff Moline to concur and execute Chuck Tokarski's letter of May 25, 2007. 1 am attaching copies of my letter of July 2nd, and Chuck's letter of May 25th as executed by Jeff. I am also attaching my memo to the Board of June 26, 2007. Ms. Dolan is requesting that the Village formalize the May 25th letter into an IGA. In my review of the proposed IGA, its contents and obligations are what the Village understood when Jeff signed the letter back to Chuck Tokarski. Apparently, they need a formal IGA instead of the letter. Recommendation: I recommend that the Village Board approve the IGA. Y'�� Last saved by administrator J:\WORDDOC\31st-Trinity Ln Wall IGA.doc Last printed 11/6/2007 1:41 PM F" C v pGE Q F 04.r O y July 2,2007 G J O qCF COUNTi�w Mr. Charles F.Tokarski,P.E. Village of County Engineer Oak Brook DuPage County Division of Transportation 130 N.County Farm Road 1200 Oak Brook Road Wheaton,Illinois 60189 Oak Brook,IL 60523-2255 website www.oak-brook.org RE: CH 34/31s'Street at Trinity Lane Retaining Wall Replacement Administration 630.368.5000 FAX 630.368.5045 Dear Chuck: Community At their meeting of June 26,2007,the Oak Brook Village Board authorized Acting Village Development Manager Jeffrey P. Moline to concur and execute your May 25, 2007 letter acknowledging 630.368.5101 the Village's future ownership and maintenance of the proposed block retaining wall in the FAX 630.368.5128 southwest comer of 31" Street/Trinity Lane. In accordance with that action, and as Engineering requested by you, enclosed please find one original copy of your May 25`h letter as Department executed by Mr.Moline. 630.368.5130 FAX 630.368.5128 Please note that I have corrected your letter by striking the word "fence" and replacing it Fire Department with the more accurate term"safety railing". 630.368.5200 FAX 630.368.5250 1 understand that the County will now draft a proposed maintenance agreement and forward it to us for our review regarding the Village's maintenance of all of the pathways within the Police Department Village that are within County rights-of-way. 630.368.8700 FAX 630.368.8739 If you have any questions,please call. Public Works Department Sin rely, 630.368.5270 FAX 630.368.5295 a e L.Durfey, Jr.,P.E., Oak Brook Village Engineer Public Library DLD/etk cc: Jeffrey P.Moline,Acting Village Manager 600 Oak Brook Road Oak Brook,IL 60523-2200 Michael J.Meranda,Public Works Director 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 31st trinity lane retaining wall tokarski.doc Cc: Mr. Baker Nimry, President, Trinity Lakes Improvement Association C. Snyder, DuDot D. Tworek, DuDot A. Dolan,DuDot Corr. File Attachment Concur: Signature: ` JTK ADMINISTRATION BUILDING 421 N.COUNTY FARM ROAD WHEATON,IL 60187-2553 Of OAk , 49 90 IV 0 e � v co G p CO N114, AGENDA ITEM Regular Board of Trustees Meeting of June 26, 2007 SUBJECT: 31'Street/Trinity Lane Southwest Corner Retaining Wall FROM: Dale L. Durfey, Jr., P.E., Village Engineer1�J� BUDGET SOURCE/BUDGET IMPACT: N.A. RECOMMENDED MOTION: I move to authorize the Acting Village Manager to concur and execute the May 25, 2007 letter from Charles F. Tokarski acknowledging the Village's future ownership and maintenance of the proposed block retaining wall in the southwest corner of 31"Street/Trinity Lane. Background/History: Over the past several months, previous Village Manager Boehm and I have been working with Baker Nimry, President, Trinity Lakes Improvement Association, and with the DuPage County Division of Transportation to replace the deteriorating wood retaining wall that is along the edge of the Village's bike path with a new block wall similar to the block wall which was installed easterly of this intersection. The County has conceptually agreed to replace the wooden wall with a new block wall and install a 4' high safety railing, all similar to the same items easterly of this intersection. In exchange for the County's willingness to perform this work,the County is asking the Village to agree to own and maintain the block wall and safety railing following acceptance of the improvements. The attached letter from Charles F. Tokarski requests formal acknowledgement of the Village's ownership/maintenance responsibilities of the wall and safety railing (the letter incorrectly labels the safety railing as a "fence" — it is technically not a fence). Since the Village does own and maintain similar block retaining walls and safety railings near its pedestrian/bicycle paths elsewhere in the Village, I do not see any reason why we should not accept those responsibilities here. Mr. Tokarski's letter makes mention of a Maintenance Agreement to be prepared by the County for review by the Village. I understand that the County wishes to have an Intergovernmental Last saved by administrator JAWORDD003 I st-Trinity SWX Wall.doc Last printed 6/22/2007 9:12 AM Agreement with Oak Brook regarding the Village's maintenance of all of the pathways within the Village that are within County rights-of-way (they have always been maintained by the Village). Apparently, execution of this letter will start the County drafting that document. Recommendation: I recommend that the Village Board authorize the Acting Village Manager to execute the letter. Last saved by administrator J:\WORDDOC\3 tst-Trinity SWX Wall.doc Last printed 6/222007 9:12 AM