15-104 Unsigned Resolution No. 15-104
RESOLUTION
AUTHORIZING EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION AND THE NORTHEAST ILLINOIS REGIONAL COMMUTER
RAILROAD CORPORATION AND THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY FOR CROSSING WARNING SIGNAL
DEVICE IMPROVEMENTS AT McLEAN BOULEVARD AND BIG TIMBER ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute a State of Illinois Department of Transportation Agreement with the State of
Illinois Department of Transportation(Section 14-00185-00 TL,Project RRP-4003(352),Job No.C-
91-372-14,TIP#09-14-0024))and the Northeast Illinois Regional Commuter Railroad Corporation
and the Commuter Rail Division of the Regional Transportation Authority on behalf of the City of
Elgin for crossing warning signal device improvements at McLean Boulevard and Big Timber Road,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 12, 2015
Adopted: August 12, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
City of Elgin
Kane County
Section 14-00185-00-TL
Project RRP-4003(352)
Job No. C-91-372-14
TIP # 09-14-0024
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT
for
Local Agency Railway-Highway
Grade Crossing Improvements
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 City of Elgin, acting by and through its City Council, hereinafter referred to as the "LA",
and the NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION AND
THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, a
division of a municipal corporation, hereinafter referred to as "METRA."
WITNESSETH:
WHEREAS, in the interest of public safety the STATE proposes to improve crossing
warning signal devices at the location 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,
the LA and METRA 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 LA and METRA shall prepare the detailed plans (including surveys and
other engineering services), and detailed estimates of cost. The detailed plans shall be
submitted to the Illinois Commerce Commission (ICC) in accordance with SECTION 5 of this
agreement 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 METRA
must be obtained in writing in advance from the STATE.
SECTION 4. All required installation work at the grade crossing shall be performed by the
LA and METRA with its own forces or in accordance with 23 CFR, part 646.216. In the event the
LA or METRA intends to use forces other than its own under a continuing contract or contracts,
the LA and METRA 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 LA and METRA will not begin to work without written authorization from
the STATE to proceed. METRA 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
commencing with the installation. Upon receipt of authorization from the STATE and the ICC.
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METRA shall promptly begin the work set forth in the agreement and shall notify the LA in writing
at the address listed on EXHIBIT A before commencing work.
SECTION 6. The LA and METRA, for performance of their 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 LA's and METRA'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 LA and METRA 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 LA and METRA. Payment under this paragraph shall
not be claimed for any bill totaling less than $500.
In the event the LA and METRA fails to install the stored material within one year of the
fully executed agreement date, the State may provide a written notice to the LA and METRA,
requiring the LA and METRA 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 LA's and METRA's right to claim payment for stockpiled material to replace that taken
by the STATE.
SECTION 7. The LA and METRA, 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
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
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administrative expenses, or those expenses which may be classified as such under generally
accepted accounting principles are not eligible for reimbursement on this project.
The STATE after verifying that the bills are reasonable and proper shall promptly reimburse
the LA and METRA for 100% of the amount billed. Payment under this paragraph shall not be
claimed for any bill totaling less than $500. Upon completion of the project, the LA and METRA
shall provide the STATE with a written notification of the date of completion. METRA, upon
completion of their work, shall each 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 LA and METRA may be considered final, except as agreed to by the
STATE and the LA and METRA. After the STATE has checked the final statements and agreed
with the LA and METRA that the costs are reasonable and proper, insofar as they are able to
ascertain, the STATE shall then reimburse the LA and METRA an amount, less previous
payments, if any, equal to 100% of the amount billed. After the STATE has audited the
expenses as incurred by the LA and METRA and final inspection of the installation has been
made, the STATE shall reimburse the LA or METRA for any amount still owed to the LA or
METRA or bill the LA or METRA for any overpayments or items of expense found as not being
eligible for reimbursement.
The LA and METRA shall maintain, for a minimum of 3 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 STATE. The LA and METRA agree
to cooperate fully with any audit conducted by the STATE 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.
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SECTION 8. The traffic signal/railroad signal warning improvements should be placed in
service immediately after the installation is completed. The LA and METRA shall notify the
STATE in writing of the date of the completed installation. The STATE will perform a final
inspection upon receiving the written notification.
SECTION 9. When construction of this project is completed, and so long as State law shall
so require, the LA shall maintain at its expense, or by agreement with others, provide for the
maintenance of the emergency pathway exit routes and exit swing gates, pathway approaches,
markings, signage and fencing. METRA shall maintain at its expense the active warning devices
and crossing surfaces.
SECTION 10. 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 LA
or METRA.
SECTION 11. 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 LA and METRA and this agreement shall thereupon terminate. In the
event of cancellation, the STATE shall reimburse the LA and METRA for all eligible cost and
expense incurred by the LA and METRA prior to receipt of notice of cancellation and payment by
the STATE.
SECTION 12. The LA and METRA, their subrecipients or subcontractors shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
Agreement. The LA and METRA shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of STATE-assisted contracts. Failure by the LA or METRA 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.
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In the event any work at the crossing is performed by other than the LA forces or METRA
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 anyone
under contract for public works" (Illinois Compiled Statutes. 820 ILCS 130/1 et seq.) shall apply.
SECTION 13. This agreement shall be binding upon the parties hereto, their successors or
assigns.
SECTION 14. The LA and METRA 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, and the LA and METRA shall notify
the STATE in writing the cause for the delay before the one-year deadline has expired. METRA
shall provide STATE with progressive billings at least once every six-month period. Otherwise,
the STATE will consider petitioning the Illinois Commerce Commission to order the work to be
completed.
SECTION 15. 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 LA and METRA has already
accumulated, should the Illinois General Assembly or the Federal Highway Administration fail to
appropriate or otherwise make available funds for the project.
SECTION 16. The LA and METRA is hereby requested by the STATE, to perform
preliminary engineering for the project, and authorized to accrue project reimbursable preliminary
engineering costs beginning on June 24,2014. The LA and METRA hereby agrees to not invoice
the STATE until such time this agreement is fully executed.
SECTION 17. Upon award of the roadway construction contract and request from the LA
for payment, STATE shall pay 95% of the awarded contract amount to LA.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate by their duly authorized officers as of the dates below indicated.
By execution of this agreement and under penalties of perjury, the LA certifies that its
correct Federal Taxpayer Identification Number (TIN) is 36-6005862 and is doing business
as a governmental entity.
By execution of this agreement and under penalties of perjury, METRA certifies that its
correct Federal Taxpayer Identification Number (TIN) is 36-3126147 and is doing business as a
governmental entity.
Executed by the LOCAL AGENCY this 12th City of Elgin
day of August , 2015 . acting by and through its
City Council
ATT T:
-i�. � � , . _ j,. J Bye .
City Clerk 7
Name: David J. Kaptain
Title: Mayor
Executed by METRA this Commuter Rail Division of the
day of , 201_ Regional Transportation Authority,
Northeast Illinois Regional Commuter
ATTEST:
Railroad Corporation, a division of a
municipal corporation,
By:
Name:
Title:
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Local Agency City of Elgin
Section Number 14-00185-00-IL
Project Number RRP-4003(352)
Job Number C-91-372-14
APPROVED
State of Illinois, Department of Transportation
Erica J. Borggren, Acting Secretary of Transportation Date
Omer Osman, Director of Highways/Chief Engineer Date
Michael A. Forti, Chief Counsel Date
Tony Small, Director of Finance and Administration Date
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City of Elgin
Kane County
Section 14-00185-00-TL
Project RRP-4003(352)
Job No. C-91-372-14
TIP# 09-14-0024
EXHIBIT A
The STATE agrees to reimburse METRA its costs to install new active warning devices and
control circuitry, as described below.
The STATE agrees to be reimburse the LA its costs to install interconnect improvements, as
described below.
All improvements shall comply with the requirements of the MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES ( http://mutcd.fhwa.dot.gov/), and with the safety
improvements recommended by Illinois Commerce Commission engineering staff during the
field inspection conducted on-location on September 6, 2012.
CROSSING IDENTIFICATION:
Railroad: METRA
Location: McLean Boulevard
AAR DOT#372 246Y RR Milepost: 39.15
EXISTING CONDITIONS:
Two mainline tracks protected by flashing light signals and gates.
DESCRIPTION OF WORK TO BE DONE BY METRA:
1. Install new active warning devices, including cantilever-mounted flashing light signals for
northbound and southbound McLean Boulevard, gates, audible bells, and control
circuitry for said active warning devices.
2. Revise the railroad warning system to display railroad flashing light signals for five (5)
seconds in advance of lowering of the railroad crossing gates.
3. Coordinate design, planning and construction of its above-referenced work with City.
4. Incidental work necessary to complete the items hereinabove specified.
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DESCRIPTION OF WORK TO BE DONE BY THE LOCAL AGENCY:
1. Install a battery back-up (Uninterruptable Power Supply)for the traffic control system that
is interconnected to the highway-rail active warning devices.
2. Modify traffic signal cabinet for a second (redundant) railroad preemption input.
3. Install remote connection capabilities and remote monitoring
4. Investigate, and if warranted, install a permanent southbound McLean Blvd. left-turn
restriction to eastbound Timber Drive.
5. Coordinate design, planning and construction of its above-referenced work with METRA.
6. Incidental work necessary to complete the items hereinabove specified.
7. When a marked traffic detour is required, the Village shall furnish, erect, maintain and
remove the traffic control devices necessary to detour pathway traffic.
ATTACHMENTS:
Location Map
METRA's and LA's estimates of cost
ESTIMATED METRA COST: $ (see EXHIBIT B)
100% Federal participation $
ESTIMATED LOCAL AGENCY COST: $ (see EXHIBIT C)
100% Federal participation $
PERSONNEL TO BE NOTIFIED BEFORE COMMENCING WORK:
Mr. Anthony Ognibene, Director, Real Estate & Contract Management, Metra, 547 West
Jackson Boulevard, Chicago, IL 60661; telephone: 312-322-8006; email:
aognibene(cmetrarr.com
Mr. John Schwarz, Hampton, Lenzini & Renwick, Inc., Engineers for City of Elgin, 380
Shepard Drive, Elgin, IL 60123; telephone: 847-697-6700; email:jschawz(a�hlrenq.com
SUBMIT ALL BILLS FOR THE STATE'S 100% SHARE TO:
Illinois Department of Transportation
Engineer of Local Roads and Streets
2300 South Dirksen Parkway, Room 205
Springfield, Illinois 62764
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