Resolution 2019-15 Resolution No.2019-15
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A RAILWAY-HIGHWAY GRADE CROSSING
IMPROVEMENT AGREEMENT FOR HOOVER DRIVE
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS,the City and the Kendall County Forest Preserve District(the"District")have
determined that it is in the public interest that Hoover Drive should cross the railroad tracks of
Illinois Railway, LLC (the Railroad") for access to the District's Forest Preserve; and,
WHEREAS, for the construction of the warning devices and crossing gates with federal
funds the State of Illinois Department of Transportation has created a Railway-Highway Grade
Crossing Improvements Local Public Agency Agreement for said funding with the City as the
Local Public Agency and the Railroad.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
AGREEMENT for Railway-Highway Grade Crossing Improvements Local Public Agency,
attached hereto and made a part hereof as Exhibit A, between the United City of Yorkville, the
State of Illinois acting through its Department of Transportation, and Illinois Railway, LLC, is
hereby approved and the Mayor is hereby authorized to execute such agreement.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Resolution No.2019-15
Page 1
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,
this 14d'day of May, 2019.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 17 day ofM), 2019.
MAYOR
Attest:
CITY CLERK
Resolution No.2019-15
Page 2
Route: HOOVER DRIVE(NUN 2730)
Section: 13-F3001-00-SP
County: Kendall
Project: 0083(015)
Job No: C-834W14
Agreement No: NIA
AAR/DOT NO. 065039)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT
for
Railway-Highway Grade Crossing Improvements
Local Public Agency
This agreement, hereinafter referred to as the `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 Local Public Agency, United City of Yorkville
(Kendall County), State of Illinois, acting by and through its City Council, hereinafter referred to
as the "LPA" , and the pllnolle Rahway, LLC (IR), hereinafter referred to as the "COMPANY";
collectively referred to as the"PARTIES'and individually referred to as"PARTY„.
WITNESSETH:
WHEREAS, in the interest of public safety the STATE proposes to improve crossing warning
signal devices, hereinafter referred to as the"Project”, at the location listed on the attached Exhibit
A, and as shown on the Exhibit A's location map; and
WHEREAS, the parties mutually agree to accomplish the proposed improvements through
the use of Federal funds which are provided under applicable Federal 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". The COMPANY shall meet the Buy America requirements specified in 23 CFR
635.410. Upon completion of the COMPANY's work, the COMPANY shall sign and return with its
Final Invoice, the Certification of Compliance with Buy America, attached hereto as Exhibit B.
SECTION 2. The COMPANY shall prepare the detailed plans (including surveys and other
engineering services),and detailed esttmates 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 most
cunssM edition of the National Manual on Uniform Traffic Control Devices(MUTCD), including any
amendments which may be contained in the lifimis 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 LPA. LPA shall notify STATE in writing of such
request prior to LPA's approval.
SECTION 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 commencing
with the installation. Upon receipt of authorization from the STATE and the ICC, the COMPANY
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shall promptly schedule the work set forth in the Agreement and shall notify in writing the agencies
fisted on Exhibit A, a minimum of twenty-one (21) days before commencing work. Any work
performed prior to this notification will be considered non-reimbursable.
SE TION 6. The COMPANY shall keep an accurate and detailed account of the actual cost
and expense as incurred by it, or for its account, in the performance of the work it herein agrees
to perform. The COMPANY, for performance of its work as herein specified, shall bill the STATE
immediately, for its share of Preliminary Engineering costs incurred to date upon receiving
authorization to proceed with construction,and,may bbl the STATE monthly for the STATE's 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 trust be designated for
exclusive use on the Project.
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 stoned 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. 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.
SECTION 7. The COMPANY, for performance of its work as herein specified, may bill the
STATE monthly for the STATE's 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 FHWA. Indirect overhead or general and administrative expenses, or those
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exp 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 bili are reasonable and proper shall promptly reimburse
the COMPANY in accordance with the State Prompt Payment Act (30 ILCS 54011 at seq.), as
currently enacted. Payment under this paragraph shall not be claimed for any progressive invoice
totaling less than $500. The progressive invoices may be rendered on the basis of an estimated
percentage of work completed.
The COMPANY, upon the completion of the work, shall, within one hundred twenty (120)
calendar days, render to the STATE a detailed final invoice of the actual cost and expense as
incurred by it or for its account. After the STATE's representatives have checked the progressive
invoices and the final invoice and they have agreed with the COMPANY's representatives that the
costs are reasonable and proper, insofar as they are able to ascertain, the STATE shall promptly
reimburse the COMPANY in accordance a with the State Prompt Payment Act (30 ILCS 54011 at
seq.), as currently enacted, for the amount of the final invoice, except that for any portion of the
final invoice in excess of the estimated cost of such excess costs as shown in Section 6,the STATE
may withhold payment of such excess costs until the COMPANY has provided reasonable backup
detail as requested by the STATE to justify the additional cost, and the STATE shall promptly
review such backup detail as provided by the COMPANY and shall thereafter promptly pay the
costs in excess of the estimated costs unless reasonable exception is taken thereto. If the parties
cannot reach agreement on reimbursement of the COMPANY's costs above the estimated costs,
each Party retains all legal and equitable remedies regarding the payment of same; such
reimbursements, however, are subject to the provisions of Section 13 hereof.
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All invoices shall be clearly marked as "progressive invoice" or"final invoice', as applicable,
and should be sent to:
Illinois Department of Transportation
Attn: Fiscal Control Unit
Bureau of local Rods and Streets
2300 S. Dirksen Parkway
Springfield, 1L 62764
The COMPANY shad maintain,for a minimum of throe(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 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.
After the federal or STATE representatives have audited the expenses as incurred by the
COMPANY, including such amounts as may have been suspended from any previous payment,
the STATE shall promptly reimburse the COMPANY for the suspended amounts, less the
deduction of any item(s) of expense as may be found by the federal or STATE representatives as
not being eligible for reimbursement. If the total of the items) of expense as may be found by the
federal or STATE representatives as not being eligible for reimbursement exceeds the retained
percentage plus any amounts which may have been suspended, then the COMPANY shall
promptly reimburse the STATE for the overpayment.
SECTION 8. The 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
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the completed installation. The STATE will perform a final inspection upon receiving the written
notification.
SE TION 9. 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 crossing warning signal devices.
SECTION 10. If at any time subsequent to the completion of this improvement, the tracks in
Ow 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. The reinstalled signal system shall thereafter be subject to the terms of
this Agreement.
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, however the COMPANY agrees to contribute zero percent (0%) of the cost of this
Project. Per the alternative Federal-State procedure in 23 C.F.R. §646.220,the STATE will have
a representative present at the job site during construction to certify the work and to assure that
all work and materials meet the requirements, is complete, acceptable and in accordance with the
terms of this Agreement.
SECTIQN 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-
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SECTION 13. It is the policy of the U.S. Department of Transportation that disadvantaged
business enterprises,as defined in 49 CFR Part 26,shall have maximum opportunity to participate
in the performance of agreements financed in whob or in part with federal funds. Consequently,
the disadvantaged business enterprise requirements of 49 CFR Part 26 apply to this Agreement.
The COMPANY agrees to take all necessary and reasonable steps to ensure that disadvantaged
business enterprises, as defined in 49 CFR Part 26, have the maximum opportunity to participate
in the performance of this Agreement. The COMPANY, sub-recipient 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 adminis�on 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 is performed by other than COMPANY forces,the provisions of"an ad
regulating wages of laborers, mechanics and other workers employed in public works by the State,
County, City or any public body or any politica subdivision or by anyone under contract for public
works".(Illinois Compiled Statutes, 820 ILCS 13011 at seq.) shall apply. Pursuant to 820 ILCS
130/4, COMPANY is hereby notified "the prevailing rate of wages are revised by the Department
of Labor and are available on the Department's official website".
SECTION 14. This Agreement shall be binding upon the Parties hereto,their successors or
assigns.
SECTION 15. The COMPANY shall complete all work or shalt 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. mise, the STATE
will consider petitioning the Illinois Commerce Commission to order the work to be completed.
SE TION 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
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immediately, without penalty or payment beyond that which the COMPANY has already
accumulated, should the Illinois General Assembly or the Federal Highway Administration fait to
appropriate or otherwise make available funds for the Project.
SECTION 17. The COMPANY was hereby requested and authorized to accrue costs by the
STATE, to perform the necessary preliminary engineering to develop an estimate of cost for the
proposed work described on Exhibit A, on 1111arch 6, 2014. The COMPANY hereby agrees to not
invoice:the STATE until such time this Agreement is fully executed.
,SECTION 18. The COMPANY oerbfies its correct Federal Taxpayer Identification Number,
as Indicated on the attached Exhibit C.
SE TION 19, This Agreement shall be construed and interpreted according to the laws of
the State of Illinois.
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.
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COMPANY: Illinois Rail_
Accepted By: `
Typed name:
Typed title:
Date: '' ta\Qa%
LPA: 11tdbd CHy of Yditille
Acte By:
Typed name: U R C E k L
Typed title: M A YO R
Date: 5-b-7 ( 9
STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION
Matt Magalis Date
Acting Secretary
Joanne Woodworth Date
Chief Fiscal Officer
Paul A. Loete, P.E. Date
Director, Highways Project Implementation
Philip C. Kaufmann Date
Chief Counsel
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EXHIBIT A
CROSSING IDEN FICATION:
Railroad: Illinois Railway, LLC
AAR/DOT No: 065039J
RR M.P.: 51.45
Roadway: Hoover Drive(MUN 2730)
Location: At the Illinois Railway Tracks
EXISTING CONDITIONS:
Croesbudcs
DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT:
1. Install Automatic flashing LED light signs with bells and pates controlled by constant
warning time circ ultry with event recorder and remote monitor system.
2. Incidental work necessary to complete the items hereinabove specified.
3. CF13A Number: 20.205(information is available at httu:/ANww.cfda.aovll
DESCRIPTION OF WORK TO BE DONE BY THE LPA:
Local Public Agency(LPA)agrees to provide at its expense any necessary advance warning
signs and pavement markings as required by the most current edition of the following
documents: IDOT Standard Specifications for Road and Bridge Construction, Supplemental
Speaatiorts and Recurring Special Provisions, Highway Standards for Temporary Traffic
Control, National Manual on Uniform Traffic Control Devices (°MUTCW) and the Illinois
Supplement to the MUTCD. When a masked traffic detour is required,the LPA at its expense
shad furnish, erect, maintain and remove the traffic control devices necessary to detour
highway traffic.
X No additional work to be performed by the LPA.
Additional work will be performed by the LPA and funded by the Federal Railway-
Highway Crossing Program (Seem 130)will be under a separate agreement
with the STATE.
ATTACHMENTS-.
1. Location Map (consisting of one page)
2. COMPANY's Estimate (consisting of pages)
3. General Pian Layout(consisting of pages)
PROGRAM COST ESTIMATE:
$ 250,060
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COMPANY COST ESTIMATE:
Total (100.0%) $
(To be fi0ed in by the RAILROAD)
Federal Participation (100.0%) $
(To be completed by the STATE)
COMPANY Participation (0.096) $
(To be completed by the STATE)
LPA Participation (0.096) $
(To be completed by the STATE)
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
Illinois Department of Transportation
Bill Bearsall, Highway-Railway Safety Engineer
2300 South Dirksen Parkway, Room 005
Springfield, Illi *w 62704
(217) 785-2986
william.pearsa ll&linois.gov
Illinois Raftap, LLC
Jason Scott, Vice President of Signals 8 Communications
252 Clayton Strest, 4th Floor
Denver, CO 80206
(303) 3984528
jpscottComnitrax.corn
Ken Rose, Director of Engineering &Environmental Services
252 Clayton Street, 4th Floor
Denver, CO 80206
(303) 3984549
kroseGlomnitrax.c;om
United City of Yorkville
Eric Dhuse, Director of Public Works
800 Game Farm Road
Yorkville, Illinois 60560
(630) 553-4349
edhuse@yorkville.1l.us
UBMIT ALL BILLS FOR THE STATE'S SHARE TO:
Illinois Department of Transportation
Ann: Fiscal Control Unit
Bureau of Local Roads and Streets
2300 S. Dirksen Parkway
Springfield, IL 62764
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9
Location Map Hoover Drive at Illinois Railway, LLC Tracks
LPA: United City of Yorkville
County: Kendall
Section No.: 13-F3001-00-SP
Job No.: C-93-036-14
Project No.: 0093(015)
AAR DOT: 065039)
RR Milepost: 51.45
EXHIBIT B
ILLINOIS DEPARTMENT OF TRANSPORTATION
BUY AMERICA
CERTIFICATE OF COMPLIANCE
Agreement No.
Job No. C-93-038-14
WE, Illinois Railway, LLC
(LMLITY1RAILROAD OWNER)
Address: _430 West Madison Street, Ottawa, Illinois 81350
Hereby certify that we are in compliance with the`Buy America'requirements of this project.
As required,we will maintain all records and documents pertinent to the Buy America
requirssment, at the address given above,for not less than 3 years from ripe date of project
completion and acceptance. These file wig be avmlabie for inspection and verification by the
Dem and/or FMA.
We further certify that the total value of n steel as described in the Buy America
requirements for this project does riot of one percent(0.196)of the total
contract price or$2,500.00,whichever
r
Signed by Title
Printed Name
day of vhPt&, . &
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EXHIBIT C
TIN CERTIFICATION
The COMPANY certifies that:
1. The number shown on this form is the COMPANY's correct taxpayer identification
number(or the COMPANY is wabV for a number to be issued to them), and
2. The COMPANY is not subject to backup withholding because: (a)the COMPANY is
exempt from backup withholding, or(b)the COMPANY has not been notified by the
Internal Revenue Service(IRS)that the COMPANY is subject to backup withholding
as a result of a failure to report all interest or dividends, or(c)the IRS has notified the
COMPANY, that the COMPANY is no longer subject to back-up withholding, and
3. The COMPANY's person with signatory authority for this Agreement is a U. S.
person (including a U.S. resident alien).
Taxpayer IdentiAcation Number.
Legal Status
Individual Government
Sob Proprietor Nonresident Alien
PartnershiplLegal Corporation Estate or Trust
Tax-exempt Pharmacy (Non Corp.)
Corporation providing or Wfing Pharmacy/Funeral home
medical and/or health care �y
services
^, Corporation NOT providing or Limited Liability Company ( select
billing medical and/or health care applicable tax classification)
services
Other I D= Disregarded entity
n C=Corporation
o P= Partnership
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