Resolution 2022-49Resolution No. 2022-49
RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AND ILLINOIS RAILWAY, LLC
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), is a duly
organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois
Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal
Code') (65 ILCS 5/65-1-1-2, et seq.); and,
WHEREAS, the City has determined that in the interest of public safety, it believes it is
necessary to replace the railroad crossing at Poplar Drive (the "Project") and has contacted Illinois
Railway, LLC ("IR") which has the expertise in the development and construction of public
infrastructure serving railroad property to undertake the necessary improvements; and,
WHEREAS, IR has agreed to undertake the Project on behalf of the City pursuant to the
terms and conditions set forth in the Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. The Agreement By and Between the United City of Yorkville, Kendall County,
Illinois and Illinois Railway, LLC, for the Roadway Improvements at Popular Drive in the form
attached hereto and made a part hereof is hereby approved and the Mayor and City Clerk are
hereby authorized to execute and deliver said Agreement and to undertake or direct such actions
as necessary to implements its terms.
Resolution No. 2022-49
Page 1
Section 3. That this Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 8th day of November, A.D. 2022.
KEN KOCH
AYE
ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE
SEAVER TARULIS AYE
DAN TRANSIER AYE
CRAIG SOLING AYE
MATT MAREK AYE
JASON PETERSON ABSENT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this t t ' day of h( (� �/'�JQ��( , A.D. 2022.
MAYOR
dttoct-
Resolution No. 2022-49
Page 2
Route:
Section:
County:
Project:
Job No:
Agreement No:
DOT/AAR NO.
AN AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AND ILLINOIS RAILWAY, LLC
ROADWAY IMPROVEMENTS AT POPLAR DRIVE
THIS AGREEMENT (the "Agreement"), made and entered into this 8th day of November, 2022,
by and between the United City of Yorkville, Kendall County, Illinois (the "City"), and Illinois Railway,
LLC ("IR") (collectively, the "Parties"; and, individually, as "Party)".
WITNESETH:
WHEREAS, 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 the State; and,
WHEREAS, IR is a railroad with expertise in the development and construction of public
infrastructure serving railroad property; and,
WHEREAS, in the interest of public safety, the City believes it IS necessary to replace the
crossing at Poplar Drive, hereinafter referred to as the "Project", and as shown on the Exhibit A's
location map.
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.
Section 2. IR shall prepare a scope of work and a cost estimate. The scope of work and cost
estimate shall be submitted to the City for its approval in accordance with Section 5 of this Agreement.
Section 3. Any necessary crossing warning devices shall conform to Part VIII of the most current
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 IR must be obtained
in writing in advance from the City.
Section 4. All required installation work shall be performed by IR, with its own forces or in
accordance with 23 CFR, part 646.216. IR shall provide the City 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 the Illinois Fair Employment Practices Act and implementing rules and regulations.
Section 5. IR will not begin to work without written authorization from the City to proceed. Upon
receipt of authorization from the City, IR shall promptly schedule the work set forth in the Agreement.
The City shall notify in writing the agencies listed on Exhibit A, a minimum of twenty-one (21) days
before commencing work.
Section 6. IR 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. IR, for
performance of its work, or the work of IR's contractor, as herein specified, may bill the City monthly
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for all materials delivered and stored on IR's property but not yet installed. After materials are stored
on IR's property, the materials will become the property of the City and must be designated by IR for
exclusive use on the Project.
In the event the IR fails to install the stored material within one year of the fully executed
agreement date, the City may provide a written notice to IR, requiring IR to promptly deliver the stored
material to a location indicated in writing by the City. Upon delivery, the City shall then take
possession of said material for the City's own use. The delivery of the material to the City shall in no
way serve to terminate this Agreement or affect the other provisions of this Agreement and in addition
shall not affect IR's right to claim payment for material taken by the City. In the event of any loss of
material after payment, the IR will replace the material, or at IR's election, provide the City financial
compensation equal to the replacement value of the material, valued on the date of payment, at no cost
to the City. IR's storage area of materials shall be available for City inspection upon 24-hour notice.
Section 7. IR, for performance of its work as herein specified, may bill the City monthly for the
IR's estimated percentage of the work completed. The City shall be responsible for, and shall
reimburse IR for, IR's actual costs, which may differ from estimated costs provided tha such costs may
not exceed estimated costs in an amount great than 10%; provided further, however, indirect overhead
or general and 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 City after verifying that the bills are reasonable and proper shall promptly reimburse IR in
accordance with the State Prompt Payment Act (30 ILCS 540/1 et 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.
3
IR, upon the completion of the work, shall, within one hundred twenty (120) calendar days, render
to the City a detailed final invoice of the actual cost and expense as incurred by it or for its account.
After the City's representatives have checked the progressive invoices and the final invoice and they
have agreed with IR's representatives that the costs are reasonable and proper, insofar as they are able
to ascertain, the City shall promptly reimburse IR in accordance with the State Prompt Payment Act
(30 ILCS 540/1 et seq.), as currently enacted, for the amount of the final invoice, except that the City
may withhold payment of any additional cost over the approved estimates submitted to the City as
required by Section 2, until IR has provided reasonable backup detail as requested by the City to justify
the additional cost, and the City shall promptly review such backup detail as provided by IR 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 IR's costs above the estimated costs,
each Party retains its rights to all legal and equitable remedies regarding the payment of same.
All invoices shall be clearly marked as "progressive invoice" or "final invoice", as applicable,
and should be sent to:
United City of Yorkville
Attn: Rob Fredrickson, Finance Director
800 Game Farm Rd.
Yorkville, IL 60560
IR shall maintain, for a minimum of three (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
at IR's facility, and may be audited, on reasonable notice to IR and at City's cost, by the City's Auditor.
IR agrees to cooperate fully with any audit conducted by the City or its agents and to provide full access
4
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 City for the recovery of any funds paid by the
City under the contract for which adequate books, records, and supporting documentation are not
available to support their purported disbursement.
After the City representatives have audited the expenses as incurred by IR, including such
amounts as may have been suspended from any previous payment, the City shall promptly reimburse
IR for the suspended amounts.
Section 8. IR shall notify the City in writing of the date of the completed installation. The CITY
will perform a final inspection upon receiving the written notification.
Section 9. Intentionally deleted.
Section 10. In the event that delays or difficulties arise in securing necessary state approvals, or
in acquiring rights -of way, or in settling damage claims, or for any other cause which in the opinion of
the City render it impracticable to proceed with the construction of the Project, then at any time before
construction is started, the City may serve formal notice of cancellation upon IR and this Agreement
shall thereupon terminate. In the event of cancellation, the City shall reimburse IR for all eligible cost
and expense incurred by IR prior to receipt of notice of cancellation and payment by the City.
Section 11. IR, sub -recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Agreement.
In the event any work is performed by other than IR 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. Pursuant to 820 ILCS 130/4, IR is hereby
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notified "the prevailing rate of wages are revised by the Department of Labor and are available on the
Department's official website".
Section 12. This Agreement shall be binding upon the Parties hereto, their successors or assigns.
Section 13. IR 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, the CITY shall notify the CITY in writing the cause for the delay before
the one-year deadline has expired.
Section 14. IR shall indemnify and hold harmless the City, its agents, officers and employees
against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs, and expenses
(including any liabilities, judgments, costs and expenses and reasonable attorney's fees) (collectively,
"Damages") that are incurred by the City in connection with the Project and are caused by: (i) the
failure of IR or any contractor, subcontractor, agent or employee hired by IR to timely pay IR's
contractor, subcontractor, laborer or materialman; (ii) third party claims or causes of action arising out
of the construction of the Project by IR; (iii) any default or breach of the terms of this Agreement by
IR; or, (iv) the negligence or reckless or willful misconduct of IR or any of IR's contractors,
subcontractors, agents or employees. IR shall, at its own cost and expense, appear, defend, and pay all
charges of attorneys, costs, and other expenses arising therefrom or incurred in connection therewith.
If any judgment shall be rendered against the City, its agents, officers, officials, or employees in any
such action, IR shall, at its own expense, satisfy and discharge the same. This paragraph shall not
apply, and IR shall have no obligation whatsoever, with respect to any acts of negligence or reckless or
willful misconduct on the part of the City or any of its officers, agents, employees, or contractors.
Section 15. IR certifies its correct Federal Taxpayer Identification Number, as indicated on the
attached Exhibit C.
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Section 16. This Agreement shall be construed and interpreted according to the laws of the State
of Illinois.
[SIGNATURE PAGE TO FOLLOW]
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 indiented
IR:
Acci
Typ(
Typed title: i- lao Qq er oncl CLD
Date: J 1 12q 1 2Z
CITY: United City of Yo`kv'
Accepted By:
Typed name:
Typed title: P u b i l o_ W O i IC S nwr&nr
Date:
n
United it '; orkville
John Purce —_
Mayor
Bart Olson /
City Administrator
ki I I"22-
Date
tl 11 1-2-
Date
EXHIBIT A
CROSSING IDENTIFICATION:
Railroad: Illinois Railway, LLC
DOT/AAR No: 917526L
RR M.P.: M.P. 51,17 Ottawa Sub
Roadway: Poplar Drive
Location: Yorkville, IL
DESCRIPTION OF WORK TO BE DONE BY RAILROAD:
1. Replace exisiting crossing surface, replace track under crossing and surface area
2. Incidental work necessary to complete the items hereinabove specified.
ATTACHMENTS:
1. Location Map (consisting of 1 pages)
2. IR's Estimate (consisting of 1 pages
PROGRAM COST ESTIMATE:
$ 185,774
IR COST ESTIMATE:
Total $ $185,774
IR Participation $ 0.00
City Participation (100%) $ $185,774 or Actual Cost, higher or lower
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
None
SUBMIT ALL BILLS TO:
United City of Yorkville
Attn: Finance Department
800 Game Farm Road
Yorkville, IL 60560
9
191,3 11 -1 1 19 Pm
,,o gle Maps Poplar DI
EXHIBIT A (continued)
Location Map
PCPiar Or - C00gle Naps
o -je
Map date 202 1 C —
1U, '1, 11 .11 1 '—Ike r L160560 'USki@41 03671 '1 -38 46H�" 1,211a3ta141t53w,41 I S,0x880—AH71 E 1 71, 00fa4D67fdV47038,12� 3d 4 ! 634 160OT4d 88 4669?01 F72
10
EXHIBIT A (continued)
Cost Estimate
Cost Estimate for
Illinois Railway, LLC
MP 51.17 Ottawa Sub - Poplar Dr. Crossing Rehab
Fx Rate
1.000
Total
3/6/2022
Total Project Capital (185,774)
Total Funding 185,774
Taxes
1.070
Currency
USD
Project Year
2022
Finance Rep
Kris Corbit
__. Net Unleveraged Cash Flow -
payroii b�,— 1
Position Qty Rate ST Hours OT Hours Total Cost
EIC 1.00 $ 75.00 40 10 5,486
Total Internal Labor 5,486
Rail- 115# New 40' length
320
31.00
LF
USD
9,920
Tie Plates - 5 1/2" Base x 14"
96
18.35
EA
USD
1,762
Spikes - 6" Pnme
13
105.00
KEG
USD
1,365
Anchors - 5 1/2" Base
960
3.25
EA
USD
3,120
Ballast - CA-1
105
28.00
TON
USD
2, 940
Sub-Balast CA-6
77
28.00
TON
USD
2,156
Switch Ties - 7"x9"x10'
48
110.00
EA
USD
5,280
Crocrete Crossing Panels - 115#
73
205.00
TF
USD
14,991
Filter Fabric
1
1,400.00
ROLL
USD
1,400
Freight Concrete Panels
3
1,700.00
LOAD
USD
5, 100
USD
- ne,uss
Inventory oty Rate Unit Curr Total Cost
USD
Total Inventory
Site Excavation
1
37,324,00
LUMP
USD
37,324
Construct and Install Crossing
1
49,748.40
LUMP
USD
49,748
Traffic Control
1
5,000.00
LUMP
USD
5,000
Roadway Approachs
1
9,250.00
LUMP
USD
9,250
Sidwalks and Curbing
1
8,620.00
LUMP
USD
8,620
Site Cleanup
1
4,000.00
LUMP
USD
4,000
MobilizatiordDemobilization
1
14,950.00
LUMP
USD
14.950
USD
Total Contract Services
128,892
Taxes
% Curr Rate
Total Cost
Sales Tax
7% 1 USD 1 1.070
3,362.33
Total Taxes
3,362
Total Project Cost
195,774
Funding Source
Payment
Amount or Percent Terms
Total Fundino
MP 51.17 Ottawa Sub - Poplar Dr. Crossing
03 04
AugSe Oct Nov Dec
(185,774)
185,774
74) (185,7185,774
Aug Sep Oct Nov Dec
��
trr
ee
IMS92
AugSep Oct Nov Dec
3,362
3,362
185,774
Aug Sep Oct Nov Dec
185,774
Total Funding 185,774 195,774
Net Unieveraged CashBow 185,774 (185,774)
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EXHIBIT A (continued)
Scope
Site Excavation:
Saw cut both sides of the existing roadway surface, parallel to rail, on a line that is twenty-five
(25) feet off each rail.
Remove the existing roadway and sidewalk surfaces covering track.
Remove 80 track feet of track, centered on the roadway centerline.
Excavate 80 feet where the rail has been removed. The excavation will be a minimum of 12'
wide, and to a depth that is approximately 2.5' feet below the existing Roadway elevation.
Construct and Install Crossing
Construct 80' track panel and box anchor every tie.
Clean ditches out to ensure proper drainage into and out of existing culverts.
Install 8" of Sub -ballast (CA-6 in 4" lifts, compacting each lift.
Install 8" of ballast (CA-1), in 4" lifts compacting each lift. CA-1 (3") (mimimum 12" ballast under
the ties)
Install 80' track panel.
Raise track in roadway and 300' each end of crossing 4" above road surface. Run in and run out
not to exceed 1/2" in 39 feet.
Install concrete panels per manufacturers spectifications.
Box anchor every tie 195 feet from cuts on both ends of panel.
Make 6 welds as needed.
Move materials to and from site.
Traffic Control
Put up traffic controls and place public notifications as needed
Roadway Approaches
Asphalt roadway surface to meet new crossing surface per IDOT roadway specifications.
Contractor to supply asphalt.
Sidewalks and Curbing
Replace concrete sidewalks on both sides of road in kind. Adhereing to ADA specifications
(approximately 80').
Site clean up:
Clean and dress entire work zone, disposing of all panels, timber, cross ties, asphalt, debris,
etc.
12
Intentionally deleted.
EXHIBIT B
13
EXHIBIT C
TIN CERTIFICATION
The IR certifies that:
1. The number shown on this form is IR's correct taxpayer identification number (or IR is
waiting for a number to be issued to them), and
2. IR is not subject to backup withholding because: (a) IR is exempt from backup
withholding, or (b) IR has not been notified by the Internal Revenue Service (IRS) that IR
is subject to backup withholding as a result of a failure to report all interest or dividends,
or (c) the IRS has notified IR that IR is no longer subject to back-up withholding, and
3. IR's person with signatory authority for this Agreement is a U. S. person (including a
U.S. resident alien).
Taxpayer Identification Number: 75-2731057
Legal Status
Individual
Sole Proprietor
Partnership/Legal Corporation
Tax-exempt
Corporation providing or billing
medical and/or health care
services
Corporation NOT providing or
billing medical and/or health care
services
Other
Government
Nonresident Alien
Estate or Trust
Pharmacy ( Non Corp.)
— Pharmacy/Funeral home
/Cemetery
x_ Limited Liability IR ( select
applicable tax classification)
■ D= Disregarded entity
❑ C= Corporation
❑ P= Partnership
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