HomeMy WebLinkAbout79-0214 Railroad 79-oai4
RESOLUTION
AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS PM) THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY
FOR THE INSTALLATION OF CROSSING SIGNALS
WHEREAS, it is necessary and desirable to provide railway and highway
crossing signal devices in the vicinity of the intersection of T1cLean
Boulevard and Big Timber Road in the City of Elgin; and
WHEREAS, said improvement may be constructed with the financial
participation of the State of Illinois; and
WHEREAS, it is necessary and desirable to cause said improvements
to be constructed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 012
ELGIN, ILLINOIS, that Leo I. Nelson, City Manager, and Maire Yearman,
City Clerk, be and are hereby respectively authorized and directed to
execute an agreement with the State of Illinois and the Chicago, Milwaukee,
St. Paul and Pacific Railroad Company for the installation of railway
crossing signal devices in the vicinity of McLean Boulevard and Big Timber
Road in the City of Elgin, a copy of which is attached hereto and made a
part hereof by reference.
Richard L. Verbic, Mayor
Presented: February 14, 1979
Adopted:
Vote: Yeas Nays
Recordad:
Attest:
Marie Yearman, City Clerk
H(8)
A
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT
for
Local Agency Railway-Highway
Grade Crossing Improvements
THIS AGREEMENT made and entered into on February 23, 1978, by and between
the STATE OF ILLINOIS, acting by and through its Department of Transportation,
hereinafter referred to as the "STATE", and the CITY OF ELGIN, State of Illinois,
acting by and through its City Council, hereinafter referred to as the "LA" and
Stanley E. G. Hillman, as Trustee of the property of the CHICAGO, MILWAUKEE, ST.
PAUL AND PACIFIC RAILROAD, Debtor, hereinafter referred to as the "COMPANY".
WITNESSETH:
WHEREAS, in the interest of public safety the STATE and LA propose to im-
prove railway-highway grade crossing warning signal devices at the location
listed on Exhibit A; and
WHEREAS, the parties mutually agree to accomplish the proposed improvements
through the use of Federal and State and/or LA funds which are provided under
applicable Federal, State, or LA 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 appropriate Federal laws, rules, regulations, orders and approvals pertaining
to all agreements, specifications, award of contracts, acceptance of work and pro-
cedure in general. The parties shall be governed by the applicable provisions
of Federal-Aid Highway 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 hereinafter referred to as the "Program Manual."
SECTION 2. The COMPANY shall prepare the detailed drawings , detailed
circuit plans (including surveys and other engineering services) , estimates of
cost, and any required specifications for the improvements proposed listed on
Exhibit A. These detailed plans , estimates, and specifications shall be sub-
mitted to the STATE for their approval. No approved plan or specification shall
be changed by the COMPANY without written permission from the STATE.
SECTION 3. The completed crossing warning devices shall conform to the
STATE'S "Requirements for Railroad Highway Grade Crossing Protection, November 27 ,
1974" insofar as they apply. Barricades or guardrail shall not be placed around
signal masts. For special situations, written permission must be obtained from
the STATE. Reimbursement will be made to the COMPANY for guardrail installed
in accordance with STATE and Federal standards .
SECTION 4. All required installation work at grade crossing shall be per-
formed 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 esti-
mate 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 equip-
ment) performed by forces other than the COMPANY'S exceeds $10,000, said contract
or contracts shall be secured by competitive bids in accordance with the provi-
sions of the "Program Manual." 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, for performance of its work as herein specified,
ti
may bill the STATE monthly (in sets of two) for the STATE'S 907 share of its ex-
pense as incurred. In addition, the COMPANY may bill the LA monthly (in sets of two)
li
-2-
for the LA'S 10% share of the expenses incurred. These progressive invoic,,, r:;::y
be rendered on the basis of the estimated percentage of work completed, plu-
allowable additives. The STATE, and the LA, after verifying that the bills arc
reasonable and proper, shall promptly reimburse the COMPANY for 95 per ccnt of
the amount billed. Payment under this paragraph shall not be claimed for a, v
bill totaling less than $500.00.
The COMPANY, upon completion of its work, shall promptly render to th o
STATE a detailed final statement (in sets of two) of its actual expenses as
incurred. (The address for the STATE is listed on Exhibit A) In addition, the
COMPANY shall submit (in sets of two) a final bill covering the LA'S share
directly to the LA. After the SPATE and LA have checked the final statemen and
agreed with the COMPANY that the costs are reasonable and properly set up, ins,,far
as they are able to ascertain, the STATE shall then reimburse the COMPANY an
amount, less previous payments, if any, equal to 95 per cent of the amount billed.
The LA shall also reimburse the COMPANY an amount, less previous payments, if any,
equal to 95 per cent of the amount of its share as billed. After the STATE has
audited the expenses as incurred by the COMPANY and final inspection of the
installation has been made, the STATE and LA 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.
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 90 per cent share of
the cost of materials purchased, delivered and stored on the COMPANY'S property
but not yet installed. In addition, the COMPANY may bill the LA monthly (in sets
of two) for the LOCAL AGENCY'S 10 per cent share of the cost of the materials
purchased. The materials will become the property of the STATE and must be
designated for exclusive use on the project designated in Exhibit A.
In the event of any loss of material after payment, the COMPANY will
•
replace the material at no cost to the STATE or LA. The storage area of such
-3 •
-
materials shall be available for STATE and LA inspection upon 24-hour notice.
The bill shall be accompanied by c voucher from the material supplier indicnti.m.
payment by the COMPANY. Payment under this paragraph shall not be claimed
for any bill totaling less than $500.00.
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 own use. The delivery of the material to the STA'1'1:
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. To permit making such field inspections as may be required , the
COMPANY shall give two weeks advance notice to the STATE and LA Officials of
the date on which the COMPANY'S forces will begin performing work at the site of
the crossing. The STATE and LA shall be afforded a reasonable opportunity to
inspect materials recovered by the railroad prior to disposal by sale or scrap.
This requirement will be satisfied by the COMPANY giving written notice, or
oral notice with prompt written confirmation, to the STATE and LA of the time
and place where the materials will be available for inspection. The giving
of notice is the responsibility of the COMPANY, and it may be held accountable
for full value of materials disposed of without notice.
SECTION 8. The crossing warning signal devices should be placed in service
immediately after the installation is completed, pending final inspection by
representatives of the STATE, the LA, and the Federal Highway Administration.
The COMPANY shall notify the STATE of the date on which the completed installa-
tion will be ready for final inspection.
-4-
•
SECTION 9. Upon completion of the improvement the COMPANY shall operate ina
maintain at its expense the crossing warning signal devices.
SECTION 10. If at any time subsequent to the installation of the c►►c ; in.,'.
warning signal devices the railroad and highway grades are separated or the
grade crossing closed or for any other reason it is found that their operation
is no longer necessary, then the COMPANY and the LA shall negotiate an agreement
for their removal and reinstallation of another railroad-highway grade crossing
on the COMPANY'S lines in Illinois, subject to the approval of the properly
constituted public authorities.
SECTION 11. In compliance with the Federal-Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Subsection 1 issued April 25, 1975, 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 cancel-
lation upon the COMPANY and this Agreement shall thereupon terminate. In the event
of cancellation, the STATE and LA 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. That for payment of the LA obligation incurred in connection
with the construction of the proposed improvements, the necessary appropriations
have been made and are evidenced by the attached resolution and/or road improvement
statement.
t -5-
SECTION 14. This Agreement shall be binding upon the parties hereto, their
successors or assigns. Work which was started prior to the time of cancellation
of this Agreement shall be completed pursuant to the Terms of the Agreement unless
cancelled by notice under Section 12 of the Agreement.
SECTION 15. This Agreement shall be binding upon Stanley E. G. Hillman, not
as an individual, but solely in his capacity as Trustee .
-6-
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
in triplicate by their duly authorized officers as of the dates below indicated.
---
Executed by the COMPANY this
9 � STANLEY E. G. HILLMAN, AS
TRUSTEE OF THE PROPERTY OF,
day of c i<<hi/a r- , 19 7 j . CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD, DEBTOR
ATTEST:
�CI. �� -
By*ineer,Railway-High Negotiations
Executed by the LA this CITY OF ELGIN, acting by and
through its City Council
day of , 19 .
ATTEST:
By
Executed by the Department this day of , 19
ku
tt APpko E f? STATE OF Ii.LINOIS
DEPARTMENT OF TRANSPORTATION
z -.2i-7 y
C.Mst.F.&r.fi.K. u.
By
Director of Highways
APPROVED
mg. d Ey1Ma-dtdl
-7-
City of Elgi.
• Project No. RRP-2509(2)
Job No. PC-91-500-77
Section No. 77-00105-00-SP
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
EXHIBIT A FOR AGREEMENT
for
Local Agency Railway-Highway
Grade Crossing Improvements
CROSSING IDENTIFICATION :
RR Mile Post: 39. 2 DOT Number:
Road Name: North McLean Boulevard (FAU 2509)
Location: 90' So. of Big Timber Road (FAS 130) City of Elgin
ADT: Existing: 8,500 10-Year Projected: 11,000
EXISTING CONDITIONS :
Two main line tracks protected by automatic flashing light signals and gates.
DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT:
1. The complete assemblage and installation of flashing light signals with gates,
and motion sensitive control equipment.
2. Incidental work necessary to complete the above items.
DESCRIPTION OF WORK TO BE DONE BY OTHERS (METHOD) : City by Contract
Widening of North McLean Boulevard from a two lane street to a four lane facility,
and installation of cantilever mounted traffic signals interconnected with the
crossing signals to be installed by Railroad.
ESTIMATED RAILROAD COST:
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
Melvin B. Larsen, Engineer of Local Roads and Streets
Melford Dahl, Dir. of Pub. Wks . , 150 Dexter Ct. , Elgin, Illinois 60120 (312-695-6500)
SUBMIT ALL BILLS FOR THE STATE'S 90% SHARE TO:
Melvin B. Larsen, Engineer of Local Roads and Streets , 2300 South Dirksen Parkway,
Springfield, Illinois 62764
. . .
Ac: .„.. ••
I i...,
,
1 .
. .. .
I
1 1,..... '
1 .
... 4,1 .
e ,
1 i ......„..
I
1 It
I —•
I
I W
,i
"..?....,„ . •
, ..
1•
$
1
17
.
,
,.. 1
1
4
- .
; --- • .. - _ „................_
. / .
. a
-, 4...7..... .• !
........... ." , ' ..
V
N , I. ,• • •••••
I . : •
i .
I . - ---• ,.
•'.;'. • • • ,___••• .1.•. . _ _WI PW rii,MN WIE ;-::----: ' ,•1. . ..... '. __ _ -
.., .
...\.... ' ,
F AU 257
. .-
---'` •••••••-•--',.....i
-.",l'÷'-'707...-".. ;•• 101111:11111rant Inv nu owart22_=_ ig,ii/fellui•goliasra;tiarstartea-lat:211;
• * - . - -1- it" \-.
'• :NZ ...1.. • • 40,
ii :•":::: •••i ' Int .mr• .. ••••''• 1,..",
t• ...,.-- .4- ,g,-. ..,•4 ,14- -.,• -- i
'••
—1 ,,...• . . ,. .I,. U - .
I 1 • 4 '1'4 -41' '' V
. 2- aates-vour-war uriararzwerm-rat sawrarireaurir __
,
•• F A{1 2509/..; •
. a as r....)
___ ..r... r..yi 1
. ,
1 c,
________________
k.r)
I .• .
-- ,
----
____. '•
r )
..b. .b.
•
-..l— 6.' •
i >
§ Z-1
r— • I.*.
tx.)
1
.
0. .
"h
11,4111114011,11 BBBBB leasassassititarral
...,_ r Ail • .
t..)
0
, _
!,... 4 • .. ••L . • ft .7/ if S •• • • -- ' -.• - .. .
'': t 3111Iiial.V'. „,"••••,,,,.•• . , ,
I -
•
, •.3',..e , .i. . 1....7'.71,4.4•-.'"st' ' ..41..44.... - - • • el
Project:
Location: Elgin, Illinois
To modify automatic highway crossing warning devices and install movement
detector controlled by track circuit equipment, all conforming to the
recommended practices of Bulletin 7 of the Association of American Railroads
at the crossing for the widening and improvement of McLean Blvd. and the
C.M.St.P.& P. RR. Co. track, replacing present DC track circuits.
FORCE ACCOUNT ESTIMATE
ITEM OUANTITY AMOUNT
Preliminary Engineering Lot $ 1,900
Construction Engineering Lot 1,900
Material
Automatic signals & gates 2 ea. 8,600
(Any other major item) 1 house & 2 cases 16,757
Other Material Lot 7,416
Total Material $32,773
Transportation of Material Lot 41
Store expense 5% 1,629
Equipment (Rental of trucks & trailers) 2,500
Labor
Direct Labor (Crew $12,000) 16,800
Holidays, vacation & pension 3,566
Payroll taxes 5,270
Insurance (Risk. Ins. $17,800) 1,811
Meals & Lodging 3,100
Total Labor S30,547
Contingencies 7,105
{ Total Cost $78,395
Less Credit for Salvage CR 95
Net Total $78,300
' 1 I
Office of Asst. Chief Engineer
Signals & Communications
C.M.St.P.& P. RR. Co. — Chicago, Ill.
June 19, 1978 JAE:dln
• NOTE: This estimate valid for only one
year from date of estimate.
•