1995-64RESOLUTION NO. 95- 64
VILLAGE OF BUFFALO GROVE
LAKE COUNTY
SECTION 95- 00049 -02 -RR
PROJECT STPM- 7003(235)
JOB NO. C- 91- 117 -95
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1976;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that the President of the
Village Board of State of Illinois, be and he is authorized to execute the attached agreement - pertaining to the
captioned subject - in quadruplicate copies, each of which shall be considered as an original, on behalf of the said
Village of Buffalo Grove by affixing his signature to each copy, the same to be attested by the Village Clerk; and it
is herein and hereby certified and affirmed that funds have been appropriated and are availabe for the payment by
the Village of any amounts agreed to be paid by the Village under the terms of said agreement.
AYES: 6 — Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAPES: 0 — None
ABSENT: 0 — None
PASSED: October 2 51995
APPROVED: October 2
ATTEST:
Q "M - &'4"
Village Clerk
g: \resolut \busch8.wpd
1995
APPROVED:
Village President Temporary Chai
i
Village of Buffalo Grove
Lake County
Section 95- 00049 -02 -RR
Project STPM - 7003(235)
Job No. C- 91- 117 -95
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 Village of Buffalo Grove, State of Illinois, acting by and
through its village board, hereinafter referred to as the "LA" and the Wisconsin
Central Ltd., hereinafter referred to as the "COMPANY." Lake County will be a
party to this agreement since the project location is under their jurisdiction.
WITNESSETH:
WHEREAS, in the interest of public safety the STATE and LA propose to
improve railway - highway grade crossings and /or 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
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 "Manual on Uniform Traffic Control Devices for Streets and Highways."
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.
SECTION 4. All required installation work the at grade crossing(s) 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, said contract or
contracts shall be secured by competitive bids in accordance with the provisions of
the "Policy Guide ". 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. Upon receipt of authorization, 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.
-2-
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 70% 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 LA'S 30% share of the cost of materials purchased. 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 or LA. The storage area of such materials
shall be available for STATE and LA 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.
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 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 70% share of its
expense as incurred. In addition, the COMPANY may bill the LA monthly (in sets of
two) for the LA'S 30% share of the expenses incurred. These progressive invoices
may be rendered on the basis of the estimated percentage of the work
-3-
completed, plus allowable additives. The STATE, and the LA, 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.
The COMPANY, upon completion of its work, shall promptly render to the STATE
a detailed final statement (in sets of two) of its actual expenses as incurred. In
addition, the COMPANY shall submit (in sets of two) a final bill covering the LA'S
share directly to the LA. After the STATE and LA have checked the final statement
and agreed with the COMPANY that the costs are reasonable and properly set up,
insofar as they are able to ascertain, the STATE shall then reimburse the COMPANY
an amount, less previous payments, if any, equal to 95% of the amount billed. The
LA shall also reimburse the COMPANY an amount, less previous payments, if any,
equal to 95% 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.
The COMPANY shall maintain, for a minimum of 5 years after the completion of
the contract, 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 shall be available for review and audit by the AUDITOR
GENERAL; and 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.
-4-
L J
SECTION 8. Materials recovered and not accepted for reuse by the COMPANY,
if determined to have a net sale value, shall be disposed of by the COMPANY, and
the credit to the project shall be at the going prices supported by the records of
the COMPANY.
SECTION 9. The crossing warning signal system 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 and LA of the date on which the completed
installation will be ready for final inspection.
SECTION 10. When construction of this project is completed, and so long as
State law shall so require, the COMPANY shall maintain at its expense or, by
agreement with others, provide for maintenance of the grade crossing and crossing
warning signal system.
SECTION 11. 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, the crossing proper and the track and signal materials installed
through the crossing hereunder shall be removed by the COMPANY, at its expense, and
the rubber crossing panels turned over to the LA. The LA, at its expense, shall
fill the gap through the roadway caused by the removal of the tracks. 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 jurisdiction. The reinstalled
signal system shall thereafter be subject to the terms of this agreement.
Upon completion of work, the COMPANY agrees that it will not remove or
replace any of the rubber crossing materials without having first obtained
concurrence from the LA. If the crossing proper, or any part thereof, is to be
eliminated, removed or replaced due to changes proposed or required by the STATE or
LA, the crossing materials shall be removed by the COMPANY, at STATE or LA expense,
-5-
and the rubber crossing panels turned over to the LA. If the crossing proper, or
any part thereof, is to be eliminated, removed or replaced for any reason proposed
or required by the COMPANY, the crossing materials shall be removed by the COMPANY,
at its expense, and the rubber crossing panels turned over to the LA.
SECTION 12. 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 13. In the event that delays or difficulties arise in securing
necessary federal or state approvals, or in acquiring rights -of -ways, 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 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 14. That for payment of the LA'S obligations 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.
SECTION 15. 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 any 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.
-6-
SECTION 16. It is the policy of the U.S. Department of Transportation that
minority business enterprises, as defined in 49 Code of Federal Regulations (CRF)
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 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 subagreement, 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 the COMPANY forces, the
requirements of the Prevailing Wage Act approved June 26, 1941, as amended, shall
prevail.
SECTION 17. This agreement shall be binding upon the parties hereto, their
successors or assigns.
SECTION 18. A project for the widening of the roadway will be including on
the July letting. The COMPANY shall order the materials as early as possible after
eexecution of this agreement. The COMPANY and the LA shall coordinate the railroad
force account work with the roadway work.
-7-
SECTION 19. The vendor certifies that neither it nor any
substantially -owned affiliated company is participating or shall participate in an
international boycott in violation of the provisions of the U.S. Export
Administration Act of 1979 or the regulations of U.S. Department of Commerce
promulgated under that Act.
-8-
0
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in quadruplicate by,their duly authorized officers as of the dates below
indicated.
By execution of this agreement and under penalties of perjury, the COMPANY
certifies that its correct Federal Taxpayer Identification Number (TIN) is
36- 3528025 and the COMPANY is doing business as a corporation.
Executed by the COMPANY this 15
day of s6P'rENIBER , 19 95
ATTEST:
Executed by the LOCAL AGENCY this'
day of C i�1� �i� 19�.
ATTEST:
aK
Executed by the County this
day of -- ,19 ±.
ATTEST:
Executed by the Department this
day of
, 19
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
Director of Highways
Wisconsin Central Ltd.
By:
Village of Buffalo Grove
acting by and through its
Village Board
By
Lake County
acting by and through its
County Board
By:
RESOLUTION
Village of Buffalo Grove
Lake County
Section 95- 00049 -02 -RR
Project STPM- 7003(235)
Job No. C -91- 117 -95
BE IT RESOLVED, that the President of the Village Board of State of
Illinois, be and he is authorized to execute the attached agreement -
pertaining to the captioned subject - in quadruplicate copies, each of
which shall be considered as an original, on behalf of the said Village
of Buffalo Grove by affixing his signature to each copy, the same to be
attested by the Village Clerk; and it is herein and hereby certifed and
affirmed that funds have been appropriated and are available for the
payment by the Village of any amounts agreed to be paid by the Village
under the terms of said agreement.
I,Janet M. Sirabian. Village Clerk in and for said Village of
Buffalo Grove, in the State of Illinois, and keeper of the records and
files thereof, as provided by statute, do hereby certify the foregoing to
be a true, perfect and complete copy of the resolution adopted by the
Village Board of Buffalo Grove, at its meeting
on
October 2nd
1995•
IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal
of said Village of Buffalo Grove, this 3rd day
of October
(SEAL)
, A. D., 19 95.
VILLAGE CLERK r
u0Av /
� (vaKle"
t4
M
EXHIBIT A
CROSSING IDENTIFICATION:
Railroad: Wisconsin Central Ltd.
RR M.P.: 32.37 AAR DOT # 694 865V
Road Name: Busch Parkway
0
Village of Buffalo Grove
Lake County
Project No. STPM- 7003(235)
Job No. C -91- 117 -95
Section No. 95- 00049 -02 -RR
Location: Busch Parkway @ WC in Buffalo Grove, Lake County
EXISTING CONDITIONS:
One mainline track with a rubber crossing surface protected by flashing
light signals.
DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT:
1. The temporary relocation of the existing flashing light signals.
2. The removal of the existing grade crossing surface over the
Company's mainline track and its subsequent renewal using full depth
prefabricated rubber material for a total length of 117 feet.
3. This work will also include the preparation of the roadbed and the
installation of new rail, ballast, ties, filter fabric and
perforated pipe underdrains as shown on Exhibit B.
4. The Company shall cause to be performed by railroad force account or
by subcontract the adjustment of the roadway approaches using
material equivalent to the existing approach roadway surface.
5. The Company, at the expense of the State and LA, shall furnish (by
rental or otherwise) the signs and barricades necessary to close the
roadway to vehicular traffic.
6. The Company shall give two weeks advance notice to Gregory Boysen,
Director of Public Words, before closing the roadway.
7. Incidental work necessary to complete the items hereinabove
specified.
DESCRIPTION OF WORK TO BE DONE BY OTHERS:
Local Agency agrees to provide any necessary advance warning signs and
pavement markings as required by the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES. Work to be paid for by Local Agency unless agreement provides
otherwise.
ATTACHMENTS:
Exhibit B
Exhibit C
Location Map
ESTIMATED RAILROAD COST: $
70% Federal participation $
30% Village of Buffalo Grove $
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
Gregory P. Boysen, Director of Public Works, 50 Raupp Blvd.
Buffalo Grove, IL. 60089 (708/459 -2547)
SUBMIT ALL BILLS FOR THE STATE'S 70% SHARE TO:
William T. Sunley, P.E.
Engineer of Local Roads and Streets
2300 South Dirksen Parkway
Springfield, Illinois 62764
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® State of Illinois
Department of Transportation
SPECIAL PROVISION
FOR
USE OF GEOTEXTILE FABRIC FOR RAILROAD CROSSING
Effective: January 1, 1995
Description. This work shall consist of furnishing all materials, equipment
and labor, and of performing all required operations in the installation of
Geotextile Fabric for Railroad Crossings.
Material. The geotextile fabric shall consist of woven monofilaments or
nonwoven filaments of polypropylene, polyester or polyethylene. Nonwoven
fabric may be needle punched, heat bonded, resin - bonded or combinations
thereof. The fabric shall be inert to commonly encountered chemicals, rot
proof, dimensionally stable (i.e., fibers must maintain their relative
position with respect to each other), resistant to delamination and conform to
the following physical properties.
Weight g /m2 (oz /yd2) 340 (10.0) min. ASTM D 3776
Grab Tensile Strength kN (1b)1 1.11 (250) min. ASTM D 4632
Grab Elongation at break % 20 min. ASTM D 4632
Bursting Strength kPa (psi) 2410 (350) min. ASTM D 3786
Trapezoidal Tear Strength kN (lb) 0.44 (100) min. ASTM D 4533
Puncture Strength kN (lb) 0.59 (130) min. ASTM D 4833
Apparent Opening Size Seive No. 300 mµ -150 mµ(50 -100) ASTM D 4751
U.V. Resistance, Strength Retained % 70 min. ASTM D 4355
1 Test samples for grab tensile strength and elongation shall be tested wet.
The vendor shall furnish certified test reports with each shipment of material
attesting that the fabric meets the requirements of this specification.
Handling and Storage. Fabric shall be delivered to the job site in such a
manner as to facilitate handling and incorporation into the work without
damage. In no case shall the fabric be stored exposed to direct sunlight.
Installation. Geotextile fabric shall be placed on existing subgrade cleared of
debris and sharp objects to prevent damage to the fabric. All laps shall be a
minimum 300 mm (12 inches). Care shall be taken not to puncture the fabric
during compaction of the ballast.-
7847I
PROPOSED 5' SIDEWALK
aUSC�4 Vol,
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COSTING RUSSERlZEO OWS31NC (4e LF.
LEGEND
® PROPOSED SIGNAL /GATE
PROPOSED 50EWA X/BUc PATH CATE
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IWNOIS DEPARIMENT Of TRANSPORTATION
RMSIONS
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RAR -ROAD CROSMQ EXTENSION
SCAM N.T. S. DATE: 05/31/95
ORAVYN /Y RAK CHECKED IT: JA
Exhibit C
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Lake County
Section 95- 00049 -02 -RR
Project STPM - 7003(235) BUFFALO
2 Aofw� `
Job No. C- 91- 117 -95 ' `°°°"'•�°r•a
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