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HomeMy WebLinkAboutRESOLUTION - 61-90 - 9/25/1990 - IDOT & NORTH WESTERN RAILROAD AGRMT RESOLUTION NO. 61-90 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AND CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY FOR RAILWAY-HIGHWAY GRADE CROSSING IMPROVEMENTS (Elmhurst Road between Arthur & Pratt) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: AGREEMENT FOR RAILWAY-HIGHWAY GRADE CROSSING IMPROVEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 25th day of September 1990. APPROVED this 25th day of September 1990. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk RR X-ing Elmhurst Road Elk Grove Village 82281 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT FOR Railway-Highway Grade Crossing Improvement Federal Project M-6003(865) THIS AGREEMENT made and entered into by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "STATE", and the VILLAGE OF ELK GROVE, of the State of Illinois, acting by and through its Village President and the Board of Trustrees, hereinafter referred to as the "VILLAGE", and THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, hereinafter referred to as the "COMPANY". WITNESSETH THAT, WHEREAS, Federal-Aid Urban Route Number 2678, Elmhurst Road, extends across the COMPANY'S single track at an existing grade crossing(M.P. 8.85, AAR/DOT #174-053E) consisting of rubberized crossing pavement marked by flashing signals, being located in the Village of Elk Grove, Cook County, Illinois as shown on the map designated as "Exhibit A", which is appended hereto and made a part hereof; and WHEREAS, at and in the vicinity of the grade crossings the STATE and VILLAGE propose to widen and reconstruct Elmhurst Road, said work to be included in a project designated as VILLAGE Section 83-00029-00-WR, STATE Section 3025-WRS-86 STATE Job No. C-91-134-86, Federal Project M-6003(671); and -1- RR X-ing Elmhurst Road Elk Grove Village 82281 WHEREAS, in conjunction with the aforementioned roadway project the STATE and VILLAGE propose to remove the median flashing signals and install usable cantilever flashing signals on the east and west sides of the roadway, said improvements to be designated as VILLAGE Section 83-00029-01-RR, STATE Section 3025-I-89,STATE Job No. C-91-335-89, Federal Project M-6003(865) ; and WHEREAS, the proposed improvements shall be financed in part with the use of Federal funds; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements as hereinafter contained, the parties hereto agree as follows: SECTION 1: The project covered under this AGREEMENT shall be subject to all appropriate Federal laws, rules, regulations, orders and approvals pertaining to all agreements, specifications, award of contracts, acceptance of work and procedure in general. The STATE and the COMPANY shall be governed by the applicable provisions of the Federal-Aid Highway Program Manual, (hereinafter referred to as the "Program Manual"), Volume 1, Chapter 4, Section 3 and Volume 6, Chapter 6, Section 2, Subsection 1, both dated April 25, 1976, and any supplements or amendments thereto. 2 SECTION 2: The COMPANY at the expense of the STATE a u shall prepare the detailed drawings, detailed circuit plans (including survey and other engineering services), estimates of cost, and any required specifications for the crossing work to be done by the COMPANY. These detailed plans, estimates and specifications shall be submitted to the STATE and VILLAGE for its approval. No approved plan or specification shall be changed by any party hereto without written consent of the other parties. -2- RR X-ing Elmhurst Roar Elk Grove Village 82281 SECTION 3: All required work at the grade crossing shall be performed by the COMPANY with its own forces or as otherwise provided herein. In the event the COMPANY intends to use forces other than its own under a continuing contract or contracts, the COMPANY shall indicate in each estimate the items of work to be accomplished under such contract or contracts, and list in each estimate the names of each contractor whose services will be used to perform the work. If the estimate of cost for such work (including labor, materials, and/or equipment) performed by forces other than the COMPANY'S exceeds $10,000.00, said contract or contracts shall be secured by competitive bids in compliance with the "Program Manual". Such contracts shall be in compliance with the Civil Rights Act of 1964 and implementing regulations applicable to Federal-Air projects, as well as the Illinois Fair Employment Practices Act and implementing rules and regulations. SECTION 4: The parties hereto shall construct, or cause to be constructed, the following items of work: (I) WORK BY THE COMPANY: The COMPANY shall furnish, or cause to be furnished, all of the labor, materials and work equipment required to perform and complete: (a) Remove the median flashing signals to provide for construction of a proposed barrier median and install usable cantilever signals on the east and west sides of the roadway. (b) Incidental work necessary to complete the items hereinabove specified. -3- RR X-ing Elmhurst Roac Elk Grove Village 62251 (II) WORK BY THE STATE: The STATE shall furnish, or cause to be furnished, all the labor, materials and work equipment required to perform and complete: (a) The widening and resurfacing of the roadway in the approaches to the tracks, up to the ends of the ties; and (b) Incidental work necessary to complete the items hereinabove specified. N The COMPANY'S work is estimated to cost 430 /0�Z � 2- , as shown on "Exhibit B", attached hereto and made a part hereof. (III) DIVISION OF EXPENSE: The expense as incurred by the COMPANY for work performed as outlined under subheading (I), shall be borne 100% by the STATE(50.00% Federal SECTION 5: The COMPANY, for performance of its work as herein specified, may bill the STATE monthly (in sets of two) for the cost of materials purchased, delivered and stored on the COMPANY'S property but not yet installed. The materials will became the property of the STATE and must be designated for exclusive use on the project designated on "Exhibit All. In the event of any loss of material after payment, the COMPANY will replace the material at no cost to the STATE or VILLAGE. The storage area of such materials shall be available for STATE and VILLAGE inspection upon 24 hour notice. The bill shall be accompanied by a voucher from the material supplier indicating payment by the COMPANY. Payment under this paragraph shall not be claimed for any bill totaling less than $500.00. -4- RR X-ing Elmhurst Road Elk Grove Village 82281 In the event the COMPANY fails to install the stored material within an 18 month period subsequent to payment to the COMPANY, the COMPANY shall promptly deliver the stored material to the STATE at a location indicated in a written notice to the COMPANY. Upon delivery, the STATE shall then take possession of said material for the STATE'S use. The delivery of the material to the STATE shall in no way serve t16 terminate this Agreement or affect the other provisions of this Agreement and in addition shall not affect the COMPANY'S right to claim payment for stockpiled material to replace that taken by the STATE. The COMPANY, for performance of its work as herein specified, may bill the STATE monthly (in sets of two) for the expense incurred. These progressive invoices may be rendered on the basis of the estimated percentage of work completed plus allowable additives. The STATE, after verifying that the bills are reasonable and proper, shall promptly reimburse the COMPANY for 95% of the amount billed. Payment under this paragraph shall not be claimed for any bill totaling less than $500.00. The COMPANY, upon completion of its work, shall promptly render to the STATE a detailed final statement (in sets of two) of its actual expense incurred. After the STATE has checked the final statement and agreed with the COMPANY that the costs are reasonable and properly set up, insofar as it is able to ascertain, the STATE shall then reimburse the COMPANY an amount, less previous payments, if any, equal to 100% of the amount billed. After final inspection of the installation has been made and the STATE has audited the expense as incurred by the COMPANY, the STATE shall reimburse the COMPANY for the retained amounts less the deduction of any item (or items) of expense found as not being eligible for reimbursement. -5- RR X-ing Elmhurst Road Elk Grove Village 82281 SECTION 6: Subsequent to the award of any contract (or contracts), and before any work is started on this project, a conference shall be held between the representatives of the STATE, the VILLAGE and the COMPANY, and the interested contractor (or contractors) , at a time and place as designated by the parties, and at which time a schedule of operations will be adopted. SECTION 7: The VILLAGE will provide the necessary construction engineering and inspection for carrying out the STATE'S work as herein set forth, and the COMPANY will provide, with the expense divided as hereinbefore set forth, all construction engineering and inspection for carrying out its work as herein set forth. The STATE shall also require its contractor (or contractors) to furnish the COMPANY with a Standard Railroad Protective Liability Insurance Policy naming the COMPANY as the insured in the amount of $2,000,000.00 C.S.L. and $6,000,000.00 per policy period, all conforming to the "Program Manual", Volume 6, Chapter 6, Section 2, Subsection 2, dated April 25, 1975, and modifications thereto including Amendment GL-00-30-03-83. SECTION 8: The COMPANY, without compensation other than the performance of this contract by the STATE and the VILLAGE, hereby grants permission for the STATE'S contractor (or contractors) to perform the construction operations described in Section 4 (I) above on the COMPANY'S right-of-way or upon, over, under and across the tracks of the COMPANY. SECTION 9: All work herein provided to be done by the STATE or its contractor (or contractors) on the COMPANY'S right-of-way or upon, over, under and across the railroad tracks of the COMPANY shall be done in a manner satisfactory to the COMPANY, and shall be performed at such time and in such a manner as not to interfere unnecessarily with the movement of trains or -6- RR X-ing Elmhurst Road Elk Grove Village 82281 traffic upon the track of the COMPANY. The STATE shall require its contractor (or contractors) to use all care and precaution necessary to avoid accident or damage to, or interference with, the COMPANY'S track, or to the trains or traffic using its track, and to notify the COMPANY a sufficient time in advance whenever said contractor is about to perform work adjacent to the track to enable the COMPANY to arrange for, or furnish, flagging and such other protective service as might be necessary to insure safety of railroad operations. The COMPANY shall have the right to furnish all such flagging or protective service as in its judgement is necessary. Flagging bills may be presented by the COMPANY to the STATE'S contractor an a monthly basis, and a final bill will be presented after completion of the project. The COMPANY will then receive prompt payment from the contractor, who will be reimbursed by the STATE in accordance with the "Standard Specifications" supplements or revisions thereto and/or any applicable special provisions. Wherever safeguarding of trains or traffic of the COMPANY is mentioned in this AGREEMENT, it is intended to cover all users of the COMPANY'S tracks having permission for such use. SECTION 10: The STATE shall require its contractor (or contractors) , upon completion of the work, to remove all machinery, equipment, temporary buildings, falsework, debris and rubbish from the COMPANY'S right-of-way, to provide proper drainage away from the COMPANY'S tracks, and to leave the track and right-of-way in a neat condition, satisfactory to the COMPANY'S Chief Engineer or his authorized representative. -7- RR X-ing Elmhurst Road Elk Grove Village 82281 SECTION 11: In compliance with the "Program Manual", Volume 6, Chapter 6, Section 2, Subsection 1, dated April 25, 1975, the railroad work as herein contemplated requires no contribution from the COMPANY. SECTION 12: When the construction of this project is completed, the STATE shall maintain at its expense, or by agreement with others provide for the maintenance of, the highway-related facilities at and in the vicinity of the grade crossing, and so long as State law shall so require the COMPANY shall maintain at its expense, or by agreement with others provide for the maintenance of the warning system and the rubber pad crossing pavement. The COMPANY shall have the advantage of any change in Illinois law permitting the assumption of any or all of the maintenance costs of the warning system and the rubber pad crossing pavement by the STATE. SECTION 13: In the event that delays or difficulties arise in securing necessary Federal or STATE approvals, or in acquiring rights-of-way, or in settling damage claims, or for any other cause which in the opinion of the STATE render it impracticable to proceed with the construction of the crossing improvement, then at any time before construction is started the STATE may serve formal notice of cancellation upon the COMPANY and this AGREEMENT shall thereupon terminate. In the event of cancellation, the STATE shall reimburse the COMPANY for all eligible cost and expense incurred by the COMPANY prior to receipt of notice of cancellation and payment by the STATE. SECTION 14: The COMPANY'S authorized representative certifies that to the best of his knowledge the COMPANY and/or any subcontractor used by the COMPANY has not been convicted of bribery or attempting to bribe an officer or employee of the STATE OF ILLINOIS, nor has the COMPANY and/or subcontractor made an admission of guilt of such conduct which is a matter of record. -8- RR X-ing Elmhurst Road Elk Grove Village 82281 SECTION 15: It is the policy of the U. S. Department of Transportation that minority business enterprises, as defined in 49 Code of Federal Regulations (CFR) Part 23, shall have the maximum opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this agreement. The COMPANY agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this agreement. In this regard, the COMPANY shall take all necessary and reasonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and perform portions of this agreement. The COMPANY shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of contractors, including procurement of materials and leases of equipment. The COMPANY shall include this provision in every sub-agreement, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of agreement and may result in termination of the agreement or such remedy as deemed appropriate. In the event any work is performed by other than COMPANY forces, the requirements of the Prevailing Wage Act approved June 26, 1941, as amended, shall prevail. SECTION 16: This AGREEMENT shall be binding upon the parties hereto, their successors and assigns. -9- RR X-ing Elmhurst Road Elk Grove Village 82281 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate copies , all of which shall be considered originals by their duly authorized officers on the dates below indicated. Executed by the COMPANY this CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY :day of t , 19 9v . ATTEST: /' --� ,411- I H�oi,> ni.T jG'„,C I,i:SY —10 VICE PRESIDENT-ENGINEERING RR X-ing Elmhurst Road Elk Grove Village 82281 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate copies, all of which shall be considered originals by their duly authorized officers on the dates below indicated. Executed by the VILLAGE this VILLAGE OF ELK GROVE 25th day of September , 19 90. ATTEST: Patricia S. Smith By Charles J. Zettek VILLAGE CLERK MAYOR -11- r RR X-ing Elmhurst Road Elk Grove Village 82281 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate copies , all of which shall be considered originals by their duly authorized officers on the dates below indicated. Executed by the STATE this STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION _day of , 19_ By DIRECTOR OF HIGHWAYS -12- � .I.,.... • rlI v cI3 � �' i i ! O o rya q t .i i. ,a ti 41N, HIGGINS I rte+ a IND. °° o ^ N ,M,1•II r.._.._.._.. `- . LANa4EJE11 r• I E 7 4 G ELK r . I rourry _..• w Yli 4 GROVE �•e e 1 r 4IV y I � bw •w ! W• VILLAGE I i QENTCX =•' ° r t INV. I I 'ct° —'—�" - —'PARK rw CHICAGO — 0 HARE INTERNATIONAL AIRPORT PROJECT a r LOOATIOIU OMAN !EK GROVI TWFI Aft b u -.ADDISO�,_ Fl. LOCATION MAP NOT TO SCALE ,,Lx iair "A " r CHICAGO Fac NORTHWESTERN T RAN S P O R T AT I O N COMPANY' HIGHWAY CROSSING SIGNAL PROJECT ESTIMATE REPLACE FLASHING LIGHT SIGNALS WITH CANTILEVERS ELMHRST RD. (YORK RD. ) ELK GROVE VILLAGE IL MILEPOST 8. 85 DOT NUMBER 174-053E DESCRIPTION OF MATERIAL UNIT QUANITY COST Aluminum instrument case , high single EA 1 1 , 078 Foundation for instrument case UP_ 1 149 Cantilever type flashing light signal LA 6 U Flashing lights, 12 inch. LA 4 2 , 000 Foundation for gate/cantilever EA '2 6113 Underground cable, 3 conductor #6 FT 100 179 Underground cable, 7 conductor #6 FT 250 080 Track wire, 2 conductor #6 twist FT 500 374 Track connections EA 4 154 Track bond wires EA 25 62 4 inch plastic pipe FT 250 578 Fill material & crushed rock LT 1 300 Accy material; tags, tape, terminals,etc. LT 1 750 TOTAL MATERIAL$ 7 , 121 EXHIBIT t of- z CHICAtaU r_ic N�_�1L'1'i1WL+;._+'i'1�:1:.N TRANSYtJll'1'A'1' 1 t_�N �_:tJM�'AN Y HIGHWAY CROSSING 131GNAL PROJECT EL;TIMATE REPLACE FLASHING LIGHT SIGNALS WITH CANTILEVERS ELMHRST RD. (YORK RD. ) ELK GROVE VILLAGE IL MILEPOST 8. 85 DOT NUMBER 174-053E MATERIAL TOTAL FROM PAGE 1 $ 7 , 121 Preliminary Engineering 330 Engineering plans 660 Engineering inspection 330 Signal crew 60 M/D @ $143 8, 580 $ 9, 900 ADDITIVES LABOR ADDITIVES - 63. 31% OF 91900 $ 6, 268 Signalmen expense 60 Days @ $ 66 3, 960 $ 3, 960 Company equipment usage 12 Days @ $ 83. 00 $ 996 CAD equipment usage 4 Hours @ $ 19. 30 $ 77 Foreign line freight $ 250 Store expense 5% of 7, 121 $ 356 Transport Co material $ 4 Total cost of labor and material $ 28, 932 Contingencies 5% $ 1 , 447 Accounting and Billing 1% $ 304 TOTAL ESTIMATED COST $ 30 , 682 Office of AVP/Signal C&NW Transportation Company Chicago, I1 8-02-90 EXHIBIT "B" z . � y