HomeMy WebLinkAboutRes 31-17 08/22/2017 An Agreement between IDOT, Union Pacific, and VOMP to Design and Construct Pedestrian Rail CrossingRESOLUTION NO. 31-17
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN
THE ILLINOIS DEPARTMENT OF TRANSPORTATION, UNION PACIFIC RAILROAD AND THE
VILLAGE OF MOUNT PROSPECT TO DESIGN AND CONSTRUCT PEDESTRIAN RAIL CROSSING
GATES ON CENTRAL ROAD
WHEREAS, this agreement is made and entered into by and between the State of Illinois, acting by and
through its Department of Transportation, the Union Pacific Railroad Company and the Village of Mount
Prospect; and
WHEREAS, in the interest of public safety the Illinois Department of Transportation proposes to improve
crossing warning signal devices at the location, and in the manner, listed on Exhibit A, as shown on the
attached location map; and
WHEREAS, the parties mutually agree to accomplish the proposed improvements through the use of
Federal and/or State funds which are provided under applicable Federal or State act, law or
appropriation; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk directed to attest her
signature on an agreement for Local Agency Railway -Highway Grade Crossing Improvements between
the Illinois Department of Transportation, the Union Pacific Railroad and the Village of Mount Prospect, a
copy of which Agreement is attached and made a part of this Resolution as Exhibit "B".
SECTION TWO:, That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by the law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 22nd day of August, 2017
Arlene A. Juracek
Mayor
ATTEST:
Karen M. Agorande
Village Clerk
UPRR REMS Audit #NW 13065
Central Road
Village of Mount Prospect
Cook County
Section 15 -00163 -00 -SP
Project RRP-4003(497)
Job No. C-91-265-15
TIP #03-15-0002
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT
for
Local Agency Railway -Highway
Grade Crossing Improvements
THIS AGREEMENT is 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 Village of Mount Prospect, State of Illinois, acting by and through its Village Board,
hereinafter referred to as the "LA" and the Union Pacific Railroad Company, hereinafter referred
to as the "COMPANY."
WITNESSETH:
WHEREAS, in the interest of public safety the STATE proposes to improve crossing
warning signal devices at the location, and in the manner, listed on Exhibit A, as shown on the
attached location map; and
WHEREAS, the parties mutually agree to accomplish the proposed improvements through
the use of Federal and/or State funds which are provided under applicable Federal or State act,
law or appropriation.
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 applicable
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 Policy
Guide, Part 646, dated December 9, 1991, and any supplements or amendments thereto
hereinafter referred to as the "Policy Guide".
SECTION 2. The COMPANY shall prepare the general layout plans (including surveys and
other engineering services), and detailed estimates of cost. These general layout plans and
estimates shall be submitted to the STATE for their approval.
SECTION 3. The completed crossing warning devices shall conform to Part VIII of the
2009 Edition of the National Manual on Uniform Traffic Control Devices (MUTCD), including any
amendments which may be contained in the Illinois Supplement to the MUTCD. Barrier systems,
such as guardrail and impact attenuators should not be used at railroad grade crossings except
in extraordinary circumstances. Approval for the erection of any roadside barrier by the
COMPANY must be obtained in writing in advance from the STATE.
STION_4. All required installation work at the grade crossing(s) shall be performed by
the COMPANY with its own forces or in accordance with 23 CFR, part 646.216. In the event the
COMPANY intends to use forces other than its own under a continuing contract or contracts, the
COMPANY shall provide the Department with a list of the items of work to be accomplished
under such contract or contracts and a list of the name of each contractor whose services will be
used to perform the work. Such contracts shall be in compliance with the Civil Rights Act of
1964 and implementing regulations applicable to Federal -Aid Projects as well as the Illinois Fair
Employment Practices Act and implementing rules and regulations.
SECTION 5. The COMPANY will not begin to work without written authorization from the
STATE to proceed. The COMPANY shall file a form 1 or form 3 Petition of Illinois Administrative
Code 1535 with the Illinois Commerce Commission (ICC) showing details of the automatic
warning devices herein required, and shall receive approval thereof by X -Resolution before
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commencing with the installation. Upon receipt of authorization from the STATE and the ICC, the
COMPANY shall promptly begin the work set forth in the agreement and shall notify in writing the
AGENCIES listed on EXHIBIT A before commencing work.
SECTION 6, The COMPANY, for performance of its work as herein specified, may bill the
STATE monthly (in sets of two) for the STATE'S 100% share of the cost of materials purchased,
delivered and stored on the COMPANY'S property but not yet installed. The materials will
become the property of the STATE and must be designated for exclusive use on the project
designated on EXHIBIT A.
In the event of any loss of material after payment, the COMPANY will replace the material
at no cost to the STATE. The storage area of such materials shall be available for STATE
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, unless said bill is the Final Bill.
In the event the COMPANY fails to install the stored material within one year of the fully
executed agreement date, the State may provide a written notice to the Company, requiring the
COMPANY to promptly deliver the stored material to a location indicated in writing by the State.
Upon delivery, the STATE shall then take possession of said material for the STATE'S own use.
The delivery of the material to the STATE shall in no way serve to 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.
SECTION 7. The COMPANY, for performance of its work as herein specified, may bill the
STATE monthly (in sets of two) for the STATE'S 100% share of its expense as incurred. These
progressive invoices may be rendered on the basis of the estimated percentage of the work
completed, plus allowable FHWA approved additives. Reimbursement of labor additives will be
limited to only the most current direct labor additives, small tools additives, equipment additive
t
rate, if so developed, and public liability/property damage liability insurance rates as audited and
approved by a cognizant State agency and the FHWA. Indirect overhead or general and
administrative expenses, or those expenses which may be classified as such under generally
accepted accounting principles are not eligible for reimbursement on this project.
In accordance with the State Prompt Payment Act (30 ILCS 540/), as currently enacted, the
STATE after verifying that the bills are accurate and provided with the supporting documentation
to FHWA requirements under Title 23, Part 140, Subpart H, or applicable State Law, shall
promptly reimburse the COMPANY for 100% of the amount billed. Upon completion of the
project, the COMPANY shall provide the STATE with a written notification of the date of
completion. The COMPANY, upon completion of its work, shall submit a complete and detailed
final bill of all incurred costs to the STATE no later than one year from the date of completion of
the project. Otherwise, previous payments to the COMPANY may be considered final, except as
agreed to by the STATE and the COMPANY. After the STATE has checked the final statement
and agreed with the COMPANY that the costs are reasonable and proper, insofar as they are
able to ascertain, the STATE shall then reimburse the COMPANY an amount, less previous
payments, if any, equal to 100% of the amount billed.
The STATE, upon notice of completion of the work by the COMPANY, shall complete a
final inspection within one (1) year from the date of completion of the project. After the STATE
has audited the expenses as incurred by the COMPANY and final inspection of the installation
has been made, the STATE shall reimburse the COMPANY for any amount still owed to the
COMPANY or bill the COMPANY for any overpayments or items of expense found as not being
eligible for reimbursement. After the three (3) year period from the date of the final bill, without
audit or final inspection being made by STATE, the project shall be considered complete, and the
COMPANY's expenses for the work, as submitted to the STATE, shall be considered final and
closed.
4
The COMPANY shall maintain, for a minimum of five (5) years after the date of the final bill,
adequate books, records, and supporting documents to verify the amounts, recipients, and uses
of all disbursements of funds passing in conjunction with the contract; the contract and all books,
records, and supporting documents related to the contract, which may be stored on electronic
files, shall be available for review and may be audited by the AUDITOR GENERAL. The
COMPANY agrees to cooperate fully with any audit conducted by the AUDITOR GENERAL and
to provide full access to all relevant materials. Failure to maintain the books, records, and
supporting documents required by this section shall establish a presumption in favor of the
STATE for the recovery of any funds paid by the STATE under the contract for which adequate
books, records, and supporting documentation are not available to support their purported
disbursement (30 ILCS 500/20-65).
SECTION 8. The pedestrian crossing warning signal system should be placed in service
immediately after the installation is completed. The COMPANY shall notify the STATE in writing
of the date of the completed installation, and this notice shall be the written notice of completion
referred to in Section 7.
SECTION 0. When construction of this project is completed, and so long as State law shall
so require, pursuant to 625 ILCS 5/18c-7401, the COMPANY shall maintain at its expense, or by
agreement with others, provide for the maintenance of the pedestrian crossing warning signal
devices.
SECTION 10, If at any time subsequent to the completion of this improvement, the tracks
in the area of the crossing are eliminated for any reason whatsoever, then the said signal system
may be removed, relocated and reinstalled at another grade crossing of the COMPANY mutually
designated and agreed to by the parties hereto and subject to the approval of the public
authorities having any jurisdiction, and pursuant to 625 ILCS 5/18c-7401. The reinstalled signal
system shall thereafter be subject to the terms of this agreement.
5
SECTION 11. In compliance with the Federal -Aid Policy Guide, dated December 9, 1991,
Section 646.210, the railroad work as herein contemplated requires no contribution from the
COMPANY,
SECTION 12. 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
project, 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 13. The COMPANY, subrecipient or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Agreement. The
COMPANY shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of STATE -assisted contracts. Failure by the COMPANY to carry out these
requirements is a material breach of this Agreement, which may result in the termination of this
contract or such other remedy as deemed appropriate.
In the event any work at the crossing is performed by other than COMPANY forces, the
provisions of "an act regulating wages of laborers, mechanics and other workers employed in
public works by the State, County, City or any public body or any political subdivision or by any
one under contract for public works" (Illinois Compiled Statutes, 820 ILCS 130/1 et seq.) shall
apply.
SECTION 14. This agreement shall be binding upon the parties hereto, their successors or
assigns.
[:
SECTION 15. The COMPANY shall provide STATE progressive billing at least once every
six-month period. If COMPANY cannot invoice within six months of the last previous bill,
COMPANY shall provide a written status report to STATE. The COMPANY shall complete all
work or shall be responsible that all work is completed by other forces within one year of the date
of the fully executed agreement. In the event that all work cannot be completed within one year,
the COMPANY shall notify the STATE in writing the cause for the delay before the one-year
deadline has expired. Otherwise, the STATE will consider petitioning the Illinois Commerce
Commission to order the work to be completed.
SECTION 16. At the time this Agreement was executed, there were funds available for the
project; however, obligations assumed by the STATE under this Agreement shall cease
immediately, without penalty or payment beyond that which the COMPANY has already
accumulated, should the Illinois General Assembly or the Federal Highway Administration fail to
appropriate or otherwise make available funds for the project. COMPANY's execution of this
Agreement is void and of no effect unless, within six (6) months of the date of execution of this
Agreement by COMPANY, COMPANY receives in writing both a fully executed copy of this
Agreement, and a written authorization to proceed with the ordering of material, construction and
submittal of invoices for payment.
SECTION 17. The COMPANY is hereby requested by the STATE, to perform preliminary
engineering for the project, and authorized to accrue project reimbursable preliminary
engineering costs beginning on March 18, 2015. The COMPANY hereby agrees to not invoice
the STATE until such time this agreement is fully executed.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in
triplicate by their duly authorized officers as of the dates below indicated.
7
By execution of this agreement and under penalties of perjury, the COMPANY certifies that
its correct Federal Taxpayer Identification Number (TIN) is 94-6001323 and the COMPANY is
doing business as a corporation.
Executed by the COMPANY this
day of , 2017.
ATTEST,
Executed by the LOCAL AGENCY this
day of U UST , 2017.
ATTEST:
BVI ,
/_1»:101TI4 C
Union Pacific Railroad Company
By:
Name: Kevin D. Hicks
Title: AVP Engineering
Village of Mount Prospect
acting by and through its
Village Board
By:
Title: o N
State of Illinois, Department of Transportation
Randall S. Blankenhorn, Secretary of Transportation Date
Priscilla Tobias, Director of Program Development Date
William M. Barnes, Chief Counsel Date
Jeff Heck, Chief Financial Officer (CFO) Date
E:3
Central Road
Village of Mount Prospect
Cook County
Section 15 -00163 -00 -SP
Project RRP-4003(497)
Job No. C-91-265-15
TIP #03-15-0002
EXHIBIT A
CROSSING IDENTIFICATION:
Railroad: Union Pacific Railroad Company
AAR DOT #176 913E RR Milepost: 20.12
Road Name: Central Road (FAU 1300)
Location: Central Rd. (FAU 1300) @ the UP RR tracks in Mount Prospect
EXISTING CONDITIONS:
Three mainline tracks equipped with flashing light signals and gates
DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT`:
1. Install new pedestrian crossing gates on all four quadrants of the crossing.
2. Coordinate the proper placement of the pedestrian crossing gates with Local Agency
Village of Mount Prospect.
3. Incidental work necessary to complete the items hereinabove specified.
4. CFDA Number: 20.205
DESCRIPTION OF WORK TO BE DONE BY OTHERS:
1. Local Agency shall coordinate the proper placement of the pedestrian crossing gates with
COMPANY.
2. Local Agency agrees to provide at its expense any necessary advance warning signs and
pavement markings as required by the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES. When a marked traffic detour is required, the Local Agency at its expense
shall furnish, erect, maintain and remove the traffic control devices necessary to detour
highway traffic.
ATTACHMENTS:
Location Map
COMPANY's Estimate of Cost and Plan Drawing
ESTIMATED RAILROAD COST: $ 2212356
100% Federal participation $ STATE shall reimburse COMPANY 100% of its costs with
Federal Rail Safety Funds administered by STATE
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
Matt Lawrie, P.E., Traffic Engineer, Village of Mount Prospect, 1700 West Central Road,
Mount Prospect, IL 60056; telephone (847) 870-5640; Email: mlawrie mountprospectorq
Jeffrey A. Wulbecker, P.E., Village Engineer, Village of Mount Prospect, 1700 West Central
Road, telephone (847) 870-5640; Email: "wulbeck .mount ros ect.or
9
SUBMIT ALL BILLS FOR THE STATE'S 100% SHARE TO:
Maureen KaStl.P.E.
Engineer ofLocal Roads and Streets
Illinois Department ofTransportation
23OOSouth [}irkoenParkway, Room 2O5
Springfield, Illinois 62764
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DATE: 2017-06-21
ESTIMATE OF' MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2017-12-20
DESCRIPTION OF WORK:
INSTALL PEDESTRIAN GATES AT MT. PROSPECT, IL.
WEST CENTRAL RD, M.P. 20.12 ON HARVARD SUB. DOT #176913E
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
SIGNAL - IDOT - 100%
PID: 93227 AWO: 31539 MP,SUBDIV: 20.12, HARVARD
SERVICE UNIT: 23 CITY: MT PROSPECT STATE: IL
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING
5096
5096
5096
LABOR ADDITIVE 116.95%
11503
11503
11503
SIG-HWY XNG
4821
4821
4821
TOTAL ENGINEERING
21420
21420
21420
SIGNAL WORK
BILL PREP
900
900
900
BORING
13000
13000
13000
CONTRACT
3851
3851
3851
LABOR ADDITIVE 116.95%
59142
59142
59142
PERSONAL EXPENSES
28350
28350
28350
RCLW CONTRACT
1091
1091
1091
ROCK/GRAVEL/FILL
2000
2000
2000
SALES TAX
1504
1504
1504
SIGNAL
49671
37617
87288
67288
TRANSPORTATION CHARGES
2800
2800
2800
TOTAL SIGNAL
109713
90213
199926
199926
TRACK & SURFACE WORK
ENVIRONMENTAL PERMIT
10
10
10
TOTAL TRACK & SURFACE
10
10
10
LABOR/MATERIAL EXPENSE 131133 90223 -------- ---------
RECOLLECTIBLE/UPRR EXPENSE 221356 0
ESTIMATED PROJECT COST 221356
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF'
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
FORM 30-1 PAGE 04 MORE
WORK ORDER AUTHORIZATION -DETAIL OF' ESTIMATED EXPENDITURES
PROD NO: 93227
A.W.O. NO: 31539
W.O. NO:
RAILROAD; UPRR CO. BI. NO: 15EN10
LOCATION: HARVARD SUB,MT PROSPECT, IL,W. CENTRAL STATE: IL
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 1115
. - I -. - - --------------- STOCK MATERIAL, PLw
ITEM ITEM
NUMBER DESCRIPTION
02040420 BATTERY,GNE, 50G13, 312 AN.
09844170 GROUND ROD, 5/8 INCH X 8 FEET
09846750 GRND.ROD CONN. 4WAY ONESHOT.
09908640 WIRE,#6 AWG.1 COND.COPPER,SOLID
09913200 WIRE,#6, 5 GOND 500°ROLL SHIELDED
09930550 WIRE #10 AWG 1 CONK COPPER, STRAN
09932310 WIRE 910 AWG 1 CONN COPPER,TWSTPR
09946100 WIRE #14, 7 CND 500' ROLL SHIELDS
09960090 WIRE #16 AWG I GOND COPPER, STRAN
17061400 PADLOCK,SIGNAL,WITHOUT KEY,AMERIC
52021550 FOUNDATION,4',STEEL,FOR FLSHR/GAT
52039210 RECTIFIER,20EC,12V.TAB575
52070010 TERMINAL,#12-10 WIRE,RING TONGUE
52071600 TERMINAL,#20-16 WIRE,RING TONGUE
52079550 WIRE 'TAG, PLASTIC - WHITE
52109370 GATE ARM, ADJ.16-32'
52118300 FL/GATE ASSY. W/MAST,NO LIGHTS
52122140 WCH HIGH WIND BRKET 4"-S"
52136380 SHEAR BOLT,74GS2W-1,NEG
52136480 SHEAR PIN,74GS2W-2,NEG
52276600 CROSSING CNTRLR 3+ 40AMP
53783630 UN451552-0101 ARRESTER, LOW VOLTA
53792820 UN45ISS2-0201 LIGHTNING ARRESTER
UNIT
DIRECT
COST
QTY
UM
MAIL $
193.87
6
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25
1.21
100
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0,24
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LF
240
0.55
300
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165
1.64
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1640
0,11
300
LF
33
15.65
8
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12S
371,95
4
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1488
291.98
1
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292
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400
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96
0,,13
100
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13
0,28
100
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28
421.62
4
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1686
5"777.71
4
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23111
65,64
4
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263
5,48
4
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22
4,74
4
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19
3787,34
1
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3787
12,83
11
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141
11,15
32
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357
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