HomeMy WebLinkAbout79-0228 Railroad -°I.
RESOLUTION
AUTHORIZING AN AGREEMENT WITH THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY
WHEREAS, McLean Boulevard in the vicinity of Big Timber Road crosses at
grade two mainline tracks of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company; and
WHEREAS, said crossing is constructed of bituminous material with timber
flangeways approximately thirty-two feet long and protected by two automatic
flashing light signals with gates; and
WHEREAS, it is necessary and desirable to widen McLean Boulevard and
install traffic signals at the intersection of McLean Boulevard and Big
Timber Road; and
WHEREAS, it is necessary and desirable to widen and reconstruct the grade
crossing and to relocate and improve crossing warning devices and interconnect
traffic signals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Leo I. Nelson, City Manager, and Marie Yearman, City Clerk, be
and are hereby respectively authorized and directed to execute on behalf of
the City of Elgin, an agreement with the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company for grade crossing and intersection improvements in
the vicinity of McLean Boulevard and Big Timber Road, a copy of which is
attached hereto and made a part hereof by reference.
Richard L. Verbic, Mayor
Presented: February 28, 1979
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Nancy L. Johnson, Acting City Clerk
G(6)
AGREEMENT •
THIS AGREEMENT made and entered into by and between the
CITY OF ELGIN, ILLINOIS, a municipal corporation, hereinafter
referred to as the "ROAD AUTHORITY" and
STANLEY E. G. HILLMAN, AS TRUSTEE OF THE PROPERTY OF THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY,
DEBTOR, hereinafter referred to as the "COMPANY. "
W I T N E S S E T H
THAT, WHEREAS, McLean Boulevard as presently located
and constructed in the City of Elgin, Kane County, Illinois ,
there crosses at grade the two mainline tracks of the COMPANY
and the crossing thus formed is constructed of bituminous
material with timber flangeways about 32 feet long and
provided with two automatic flashing light signals with
roadway gates; and
WHEREAS, the ROAD AUTHORITY proposes to widen the
roadway across the tracks and install traffic signals at the
adjacent intersection of Big Timber Road substantially as
shown on the print of the general plan sheet marked Exhibit
"A" attached hereto; and
WHEREAS, the parties hereto desire to widen and reconstruct
the grade crossings, relocate and improve the crossing
warning devices to accommodate the widened roadway and
interconnect the traffic signals proposed at the adjacent
intersection.
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 "Standard Provisions for Highway--
Railroad Agreements" attached hereto are hereby made a part
of this Agreement.
SECTION 2. The COMPANY hereby grants to the ROAD
AUTHORITY a temporary construction easement as shown in
green on attached Exhibit "A, " Sheet 1 of 2 Sheets, for
grading and shaping the slope and ditch line of widened Big
Timber Road. Said temporary construction easement shall
terminate December 31, 1980 , unless extended by the COMPANY.
The COMPANY hereby grants to the ROAD AUTHORITY a
license right to install, construct and maintain on railroad
right-of-way such drainage facilities as may be required to
drain said right-of-way at the McLean Blvd. grade crossing,
and those traffic signals and appurtenances with protective
curbing which are interconnected with the crossing signals
as part of the grade crossing warning device system as shown
in yellow on attached Exhibit "A, " Sheet 2 of 2 Sheets.
This license right may be terminated only upon mutual agree-
ment between the parties hereto or upon need of said property
for other rail-related purposes.
• SECTION 3. The ROAD AUTHORITY shall secure or cause to
be secured all rights-of-way or easements required for its
project, in addition to that provided for in Section 2
hereof, and shall construct and complete its project all
without cost or assessment to the COMPANY.
SECTION 4 . The parties hereto shall construct or cause
to be constructed, the following items of work:
(1) . WORK BY THE COMPANY. The COMPANY shall furnish,
at the expense of the ROAD AUTHORTIY, all of the
labor, materials and work equipment required to
perform and complete,
(a) . The preparation of the detailed circuit
drawings, cost estimates and any required
specifications for the work contemplated to
be performed by the COMPANY as provided
herein.
(b) . The relocation and improvement of the flashing
light signal and gate units to accommodate
construction of the widened roadway, and the
modification of their operating circuits as
required to accommodate this improvement and
the interconnection of the traffic signals to
be installed by the Road Authority. Reimburse-
ment for the signal work shall be as covered
in a separate agreement with the City and
State of Illinois.
(c) . The removal of the existing crossings ,
installation of subsurface pipe drains,
rehabilitation of the track structure as
necessary and installation of new grade
crossings proper consisting of material as
shown on attached Exhibit "B. "
(d) . The relocation of communication poles
as necessary to accommodate the roadway
widening.
(e) . Petition the Illinois Commerce Commission
(in accordance with the Commission' s General
Order No. 138) to take jurisdiction in this
matter and to enter such orders as may be
necessary.
(f) Incidental work necessary to complete
the items hereinabove specified.
The estimated total cost of the work to be performed
hereunder by the COMPANY at the expense of the ROAD AUTHORITY
as outlined above is $86 ,007. 00, as indicated in the detailed
estimate of cost attached hereto and marked Exhibit "B. "
(2) . WORK BY THE ROAD AUTHORITY The ROAD AUTHORITY
shall furnish or cause to be furnished, at its
expense, all of the labor, materials and work
equipment required to perform and complete ,
(a) . The design and installation of the traffic
control signals including the cable between
the traffic signal controller and the instrument
case for crossing warning signals ready for
its connection to the railroad signal circuits
by the COMPANY, the reconstruction and widening
of the pavement up to the ends of the track
ties including the "Island" between the
tracks, and the necessary storm sewer and
utility work for the widened roadway.
(b) . Incidental work necessary to complete the
item hereinabove specified.
SECTION 5. . In compliance with the Federal Highway
Program Manual, Volume 6, Chapter 6 , Section 2 , Subsection 1
dated April 25 , 1975, and supplements which determines the
Railroad benefit and liability, the proposed grade crossing
improvement meets Classification 1 of Paragraph 6 (b) , a
category not considered as a benefit to the COMPANY, and no
contribution by the COMPANY is required.
SECTION 6. Upon completion of the project herein
provided, the ROAD AUTHORITY shall maintain, at its expense,
the traffic control signals, the roadway and crossing
approaches up to the ends of the track ties. The COMPANY
shall operate and maintain its track, the crossing over its
ties and the crossing warning devices as may be provided for
herein, but this said obligation to maintain said crossing
and said warning devices shall continue in accordance with
Federal or State law as it shall be from time to time in the
future.
SECTION 7. This agreement is binding on Stanley E. G.
Hillman, not as an individual, but solely in his capacity as
Trustee.
SECTION 8. This Agreement shall be binding upon the
parties hereto, their successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in duplicate counterparts, each of
which shall be considered as an original by their duly
authorized officers , as of the dates below indicated.
Executed by the ROAD AUTHORITY
this day of 19
ATTEST:
By
STANLEY E. G. HILLMAN, AS TRUSTEE
OF THE PROPERTY OF THE
Executed by the COMPANY, this CHICAGO, MILWAUKEE, ST. PAUL
day of 19 AND PACIFIC RAILROAD COMPANY, DEBTOR
ATTEST:
By
Assistant Secretary
• APPROVE!) AS Form
Genc;ral
.
•
STANDARD PROVISIONS FOR HIGHWAY - RAILROAD AGREEMENTS
rms,
I . All of the COMPANY'S work shall be 'nethermed in FederalaAcdrHaghway with
ProgramtManualStUolume
ipula-
tions and conditions as contained and supplements thereto.
1 , Chapter 4, Section 3, dated April 25, 1975 any pP
2. The COMPANY, for performance of its work, may bill the ROAD AUTHORITY monthly for
the ROAD AUTHORITY'S share of the actual costs and expenses incurred. These pro-
gressive invoices may be rendered on the basis of the estimated percentage of the
work completed. The ROAD AUTHORITY
theafter
COMPANYverifying
95 percent the
of' thell 'amounts obillede and
proper, shall promptly reimburse
but not to exceed the estimated amount.
The COMPANY, upon the completion of its work, shall send the ROAD AUTHORITY a
detailed final statement of its actual expense as incurred, including allowable
additives. After the ROAD AUTHORITY'S representatives have checked iheofinal
statement and have agreed that the costs are reasonable and proper,
r as
they are able to ascertain, the ROAD AUTHORITY shall reimburse the Cmse the OMPnNYbillan.
in an
amount, less previous payments, if any, equal to 95 P
After the Federal , State or ROAD AUTHORITY representatives have audited the expenses
as incurred, by the COMPANY, and final inspection of the installation has been made,
the ROAD AUTHORITY shall reimburse the COMPANY for the retained percentage and the
suspended items of expense less the deductions of any item (or items) or expense
found by Federal , State or ROAD AUTHORITY representatives as not being eligible for
reimbursement.
3. It is understood that the project herein contemplated shallb pertaining tot allo ppr -
pro-e-
priate Federal laws, rules, regulations, orders and approvals
ments, in general . The use of said guidelines for reimbursement between the parties
hereto shall not be deemed to require reimbursement of the ROAD AUTHORITY by the
Federal Highway Administration as a condition precedent to the ROAD AUTHORITY'S obli-
gation.
4. All work herein provided to be done by the ROAD AUTHORITY or its contractor or
• contractors on the right-of-way or upon, over, under satisfactory nd totheoss the COMPANYrandrshallrbeks
of the COMPANY shall be done in a manneratisfactory
performed at such time and in such manner as not to interfere unnecessarily with the
movement of trains or traffic upon the tracks of the COMPANY. The ROAD AUTHORITY
shall require its contractor or contractors to use all care and precaution necessary
to avoid accident, damage or interference to the COMPANY'S tracks or to the trains or
traffic using its tracks, and to notify
COMPANY
ad'acent sufficient
the tracksnto enable the
advance
whenever the contractor is about to perform work J
COMPANY to arrange for, or furnish flagging and such other protective service as
might be necessary to insure safety of railroad operations, and the COMPANY shall
have the right to furnish all such flagging or protective service as in its judgement
i
•
is necessary, and the ROAD AUTHORITY or its contractor or contractors shall reimburse
114 the COMPANY for the cost thereof. 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
track having permission for such use.
5. The ROAD AUTHORITY 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 tracks and right-of-way in a neat condition, satis-
factory to the COMPANY' S Chief Engineer or his authorized representatives
6. Any contract between the ROAD AUTHORITY and its contractor or subcontractor to perform
the work herein provided to be done by the ROAD AUTHORITY shall require the said con-
tractor or subcontractor to protect the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company and any other railroad occupying or using the COMPANY' S right-of-way or lines of
railroad with the permission of the COMPANY party to this agreement, against all loss and
damage arising from the activities of the contractor, his forces, or any of his sub-
contractors or agents, and shall further provide that the contractor shall furnish to the
COMPANY a Railroad Protective Liability Insurance Policy providing for protection to the
COMPANY, in accordance with the Federal Highway Administration Federal-Aid Highway Program
Manual Vo. 6, Ch. 6, Sec. 2, Subsec. 2, dated April 25, 1975. The limits of such policy
shall be not less than $2,000,000 combined single limit for all damages arising out of
bodily injuries to or death, and for all damages arising out of injury to or destruction
of property. Said insurance shall be delivered to and approved by the COMPANY prior to
the entry upon or use of its property as to commencement of work upon, over, under and
across or adjacent to the tracks of the COMPANY by any contractor.
7. Subsequent to the award of any contract, and before any work is started on this project,
a conference shall be held between the representatives of the ROAD AUTHORITY, the COMPANY,
and the interested contractor at a time and place as designated by the ROAD AUTHORITY,
for the purpose of coordinating the work to be performed by the several parties and at
such time a schedule of operations will be adopted.
8. The COMPANY will credit the ROAD AUTHORITY for the salvage value of all track, communi-
cation and signal line materials used on a temporary basis during the construction of
the project, and accepted by the COMPANY for return to its stock. Such salvage value
is to be computed in accordance with the regulations set forth in said Federal-Aid High-
way Program Manual.
The ROAD AUTHORITY shall be afforded a reasonable opportunity to inspect materials
recovered by the COMPANY prior to disposal by sale or scrap. THe COMPANY will give
written notice, or oral notice with prompt written confirmation, to the ROAD AUTHORITY
of the time and place where such materials will be available for inspection.
9. The COMPANY'S estimates provide for reimbursement to the COMPANY for the premium cost
of purchase by the COMPANY of Comprehensive Risk Insurance to protect said COMPANY and
the ROAD AUTHORITY from claims to which they may become legally liable as a result of
the force account work to be performed by the COMPANY' S forces as required by this
agreement. Such Comprehensive Risk Insurance shall be in lieu of self-insurance for
Workmen's Compensation and Public Liability and Property Damage as provided in said
Federal Highway Administration Federal-Aid Highway Program Manual . Coverage of
Railroad Comprehensive Risk Insurance shall be $1 ,000,000.00 combined single limit
of liability for Bodily Injury/Property Damage.
- 2 -
•
•
10 len the roadway is to be closed to vehicular traffic while the Railroad work is being
!rformed, the ROAD AUTHORITY at its expense shall furnish, erect, maintain and remove
the traffic control devices necessary to detour highway traffic after the COMPANY gives
two weeks ' advance notice to the ROAD AUTHORITY'S Engineer.
When the COMPANY is to perform its work while maintaining highway traffic, the ROAD
AUTHORITY shall furnish or cause to be furnished, at its expense, the signs, barricades
and traffic control devices for erection by the COMPANY after two weeks ' advance notice
is given the ROAD AUTHORITY'S Engineer. The COMPANY, at the expense of the ROAD AUTHORITY
shall erect, maintain, relocate and remove the signs, barricades, and other traffic control -
devices, including the furnishing of flagmen, as required to maintain highway traffic
throughout the time the railroad work is being performed.
- 3 - -
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Project : North McLean Blvd. improvements
Location: Elgin, IL
Communication expenses to alter pole line, all conforming to the recommended
practices of Federal-Aid Highways Program Manual , at the crossing of North
McLean Blvd. and the CMStP&P Railroad Company track, replacing existing
crossing.
FORCE ACCOUNT ESTIMATE
Item Amount
Engineering $ 50
Material
Poles , Wire, etc. 84
Other Material 40
Total Material 124
Transportation of Material 5
Store expense 6
Equipment 150
Labor 500
Direct Labor
Holidays , vacation
pension and 73
Payroll taxes 1�7
Insurance 78
Meals and lodging 178
To:Ei Labor 1 ,003
Contingencizs 132
Total cost $ 1 ,420
Office o : r �c�i,
Asst. Chief Engineer - Signals 6. Communications �hi--j!pr
CMStP&P RR Co. SHEET 2 OF 2 SHEETS
Chicago,
sip
411