===== PDF PAGE 1 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO WHERE HISTORY & PROGRESS MEET INFRASTRUCTURE COMMITTEE Thursday, May 1, 2025 7:00 P.M. — City Council Chambers AGENDA Call to Order, Roll Call, and Establishment of a Quorum Approval of Minutes A. Infrastructure Committee of April 3, 2025 Public Participation / Presentations Items for Consent A. Resolution No. 25-R-0034 — Construction and Maintenance Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian Sidewalk on Harvester Road in the Amount Not to Exceed $178,983.00 . Resolution No. 25-R-0035 — Public Roadway Encroachment Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian Sidewalk on Nuclear Drive in the Amount Not to Exceed $124,335.00 Resolution No. 25-R-0036 — Contract Award — Strada Construction Co. for the 2025 Concrete Maintenance Program in an Amount Not to Exceed $100,000.00 Resolution No. 25-R-0037 — Contract Award — Honch Concrete, LLC for the Police Station Front Entrance Improvements Project for an Amount Not to Exceed $138,639.00 Items for Discussion Unfinished Business New Business Reports from Staff Adjournment 475 Main Street T (630) 293-2200 West Chicago, Illinois F (630) 293-3028 Ruben Pineda Michael L. Guttman 60185 westchicago.org MAYOR CITY ADMINISTRATOR ===== PDF PAGE 2 ===== [Extraction: OCR (rendered-page OCR)] Ciwgty O WEST CHICAGO WHERE HISTORY & PROGRESS MEET Draft MINUTES INFRASTRUCTURE COMMITTEE April 3, 2025 7:00 P.M. 1. Call to Order, Roll Call, and Establishment of a Quorum. Chairman Morano called the meeting to order at 7:00 P.M. Roll call found Aldermen Dan Beebe, Heather Brown, Sandra Dimas, Alton Hallett, Joe Morano, and John C. Smith, Jr. present. Alderman Jeanne Short was absent. Staff present included Director of Public Works, Mehul Patel, and Administrative Assistant, Ashley Heidorn. 2. Approval of Minutes A. Infrastructure Committee Minutes of March 6, 2025. Alderman Beebe made a motion, seconded by Alderman Hallett, to approve the Meeting Minutes of March 6, 2025. Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Brown, Dimas, Hallett, Morano, and Smith. Voting Nay: 0. 3. Public Participation / Presentations. None. 4. Items for Consent. Alderman Brown requested discussion on Consent Item B. Alderman Dimas made a motion, seconded by Alderman Smith, to approve: A. After the Fact Approval of City Administrator's Execution of One Year Contract with Dynegy Energy Services, LLC for the Supply of Electricity, June 1, 2025 — May 31, 2026 Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Brown, Dimas, Hallett, Morano, and Smith. Voting Nay: 0. 5. Items for Discussion. 4.B. No. 25-R-0030 — Contract Award — Bluff City Construction, LLC. for the West Washington Street Soil Removal Project in an Amount Not to Exceed $579,931.45. Mr. Patel provided an overview of the Project, which generally consists of contaminated soil removal and disposal located near 119 W Washington Street so that the Site can be redeveloped for various potential uses in the future. The City would voluntarily be pursuing a No Further Remediation (NFR) letter for the Site to protect the human health of potential future users of the Site and enhance the Site’s marketability to potential developers. He also noted that staff reduced the scope of work significantly due to uncertainty about the exact locations and volume of excavations associated with the future build-out plans for the site. Alderman Brown 475 Main Street T (630) 293-2200 Infrastructure Committee Meetin: i inoi - April 3, 2025 9 West Chicago, Minois F (630) 293-3028 Ruben Pineda Michael L. Guttman Page 1 of 3 60185 westchicago.org MAYOR CITY ADMINISTRATOR ===== PDF PAGE 3 ===== [Extraction: embedded PDF text] commented that she wanted people to understand that grant funding does not come quickly or easily; the grant for this Project alone has been 10 years in the making. Grants take time and can delay projects through no fault of the City and its management or operations. Alderman Dimas made a motion, seconded by Alderman Brown, to approve. Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Brown, Dimas, Hallett, Morano, and Smith. Voting Nay: 0. 6. Unfinished Business. Snowplow Trucks Update. Mr. Patel reminded the Committee that in June 2023 and July 2024, orders for a total of five new snowplow trucks had been approved by City Council. To date the City has yet to receive those vehicles from the manufacturer, International, and staff were recently advised of price increases for these vehicles. The total original order for the five cabin chassis from International was $748,598.88. Staff tried to negotiate with them on the price change but were advised the new total would be $792,938.86, which does not include recent tariff increases. Staff requested a quote from another manufacturer, Freightliner, for five cabin chassis and were quoted $694,263.00 but that does not include recent tariffs. Freightliner would also aim for a July 2025 build date, whereas International could not guarantee build dates earlier than August and October 2025 for each outstanding order. Staff are seeking to bring this to City Council on April 21, 2025, to cancel the order with International and place a new order with Freightliner. Mr. Patel noted that the costs for upfitting would not change since those materials have already been purchased by the upfitter. There was a consensus by the Committee to send this to City Council for approval on April 21, 2025. Emerald Ash Borer (EAB) Update. Mr. Patel reminded the Committee that in November 2024 during the budget,presentation the Committee had discussed eliminating the EAB treatments and putting a portion of that cost towards planting new trees. That intention was shared with the EAB contractor and was not well received. They advised Mr. Patel that doing so could have a negative impact on surrounding forests and privately owned trees. As a result, he reached out to the West Chicago Park District, which appreciated the consideration but said to do what is best for the City. He also consulted with local Public Works Directors in neighboring areas and received responses from eight - one has only been monitoring for the last two years, one stopped treatments completely two years ago, one stopped treatments two-to-three years ago, and one has only been doing soil treatments and is averaging a higher loss rate. The remaining respondents have done trunk injections; one is on a biannual cycle, two are on a three-year cycle, and one is on a four-year cycle. Across the board these communities are still seeing 1.5- 3.5% losses annually; West Chicago's loss rate is 3-4% per year. Mr. Patel wanted to share this information with the Committee and noted that his recommendation to cease treatments and shift funding to planting new trees does not change. 7. New Business. Mr. Patel shared that West Chicago was finally awarded Tree City USA designation. The .City will also be celebrating Arbor Day with the planting of an Ivory Silk Lilac tree on Friday, April 25, 2025, at 10:00 AM in front of the Public Works Streets Division. 8. Reports from Staff. Mr. Patel commented that projects are moving forward, and staff are hoping to advertise the Nuclear Drive and Northwest Avenue Reconstruction Project for bidding next week. Those bids will likely be opened two days before the next Infrastructure Infrastructure Committee Meeting April 3, 2025 Page 2 of 3 ===== PDF PAGE 4 ===== [Extraction: embedded PDF text] Committee Meeting, so staff should be able to share the results but will not have a full agenda item summary. The IL-38 and Technology Boulevard Traffic Signal Installation Project is also on the same schedule; staff are just waiting for IDOT approval to proceed. Mr. Patel noted he would be attending the May meeting remotely as he will be supporting two staff members as they graduate from a three-year program in Effingham. Assistant Director of Public Works, Dave Shah, will attend that meeting in-person. 9. Adjournment. At 7:25 P.M., Alderman Brown made a motion to adjourn, seconded by Alderman Smith. Motion was unanimously approved by voice vote. Respectfully submitted, Ashley Heidorn Public Works Administrative Assistant Infrastructure Committee Meeting April 3, 2025 Page 3 of 3 ===== PDF PAGE 5 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: .Resolution No. 25-R-0034 - Construction and Maintenance Agreement with the Union Pacific Railroad COMMITTEE AGENDA DATE: May 1, 2025Company for an At-Grade Crossing and Pedestrian COUNCIL AGENDA DATE: May 19, 2025 Sidewalk on Harvester Road in the amount not to exceed $178,983.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_ ________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _____ ____ _ ITEM SUMMARY In FY 2024, the City completed the reconstruction of Harvester Road between Hawthorne Lane and Powis Road. The scope of the project included reconstruction of the roadway, drainage improvements, construction of a ribbon curb, sidewalk, street lighting as well as other miscellaneous items. Within the project limits, there is an unsignalized at-grade railroad spur crossing, owned and maintained by the Union Pacific Railroad Company (UPRR), DOT Number 174533R. A pedestrian sidewalk connection to Hawthorne Lane along the south side of Harvester Road is proposed to provide for a safe pedestrian route, which also aligns with the City's Complete Street Policy. Proposing a sidewalk on Harvester Road required a permit from the UPRR for the sidewalk grade crossing at the railroad spur. On February 6, 2023, the City Council approved Resolution No. 23-R-0012 authorizing a Reimbursement Agreement for Preliminary Engineering Services between the City and the UPRR to initiate the permitting process and design phase. The design phase is now complete and the UPRR has provided a Construction and Maintenance Agreement (CMA) to the City. As part of the CMA, the UPRR staff will construct the at-grade railroad crossing improvements while the City's contractor will be responsible for constructing the sidewalk. The City has a plan to include this sidewalk work as part of the upcoming Nuclear Dr. and Northwest Dr. reconstruction project. The UPRR estimates the cost of at-grade crossing improvements to be $175,983.00 which also includes a one-time fee of $3,000.00 for the preparation and execution of the CMA. The final cost of the improvements will be determined upon completion. This is an unbudgeted item for FY 2025 because at the time the Budget was approved, the cost information was not available. The funding for these improvements will be paid from Capital Projects Fund (Account No. 08-34-53-4810) in FY 2025, where funds are available. ACTIONS PROPOSED: Approve Resolution No. 25-R-0034 authorizing the Mayor to execute the Construction and Maintenance Agreement with the Union Pacific Railroad Company for an at-grade crossing and pedestrian sidewalk improvements on Harvester Road, in the amount not to exceed $178,983.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 6 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0034 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR AN AT-GRADE CROSSING AND PEDESTRIAN SIDEWALK IMPROVEMENTS ON HARVESTER ROAD, IN THE AMOUNT NOT TO EXCEED $178,983.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute the Construction and Maintenance Agreement with the Union Pacific Railroad Company for an at-grade crossing and pedestrian sidewalk improvements on Harvester Road, in the amount not to exceed $178,983.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of May 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] UP Real Estate Project No.: 0787064 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Harvester Road DOT 174533R MP 31.80- Belvidere Subdivision West Chicago, Du Page County, Illinois THIS AGREEMENT ("Agreement") is made and entered into as of the __ day of _____ , 20 __ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF WEST CHICAGO, a municipal corporation or political subdivision of the State of Illinois to be addressed at 1400 West Hawthorne Lane, West Chicago, Illinois 60185 ("Political Body"). RECITALS: Presently, the Political Body owns and maintains an existing at grade public road crossing over Harvester Road, DOT Number 174533R (the "Existing Crossing") at Railroad's Milepost 31.80 on Railroad's Belvidere Subdivision at or near West Chicago, Du Page County, Illinois ("Railroad's Operating Property"). The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the Existing Crossing to install a sidewalk. The Existing Crossing, as reconstructed and widened is hereinafter the "Roadway." The Railroad's Operating Property being utilized for the Existing Crossing is not sufficient to allow for the reconstruction and widening of the Roadway. The portion of Railroad's Operating Property that Political Body needs to use in connection with the Roadway (including the area being utilized for the Existing Crossing) is shown on the Railroad's location print marked Exhibit A and the Political Body's type, size and location prints of the Project marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the "Crossing Area"). The Railroad and the Political Body are entering into this Agreement to cover the above. 1 ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the sum of THREE THOUSAND DOLLARS ($3,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor'' shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the 2 ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP Project No. 0787064 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and Bare incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY: POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated December 12, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is One Hundred Seventy-Five Thousand Nine Hundred Eighty-Three Dollars ($175,983.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. 3 ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] C. The Political Body acknowledges that the Estimate may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are marked Exhibit A-1, attached hereto and hereby made a part hereof C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or 4 ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section BB, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATEj TERMj TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad's property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without,limitation, all ·k 5 ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad's written approval of the Plans. (iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only 6 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit 8 of this Agreement. Section 15. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Roadway, the original agreement either governing currently, or any agreement to be found in the future at the existing at-grade crossing shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. 7 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _____________ _ Printed Name: _________ _ Title: _____________ _ CITY OF WEST CHICAGO By: _____________ _ Printed Name: ---------- Tit Ie: _____________ _ 8 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] EXHIBIT A TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] z~ ~ { l'¼««'=<Rlll RIGHT OF WAY LIMITS ~ UPRIII.EXISTINGRlGKTCROSSINGOF WAYFOOTPR!NT(1,738 SF) WITHIN ~ AOO:TIONALwtTH UPRR RIGHTCROSSINGOF WAYFOOTPRIVT(250 SF)PROPOSED ~ j INmW?&L ICAll N hit CITY OF WEST CHICAGO ,,,,lhon.s~~;a:qi,k RAILROAD CROSSING MAIN SlREET___ ___ QJN. RIGHT--Of...WAY HARVESTER ROAD EXHIBIT __ .1~~ .... .,Jc11~4-···r1 ~~ I - I 4l'!iWESTCHICAGO, D. 501&.5 th@rn(JS. ....... RECONS1RUCTION PROJECT USDDT b4533R pt,o,ic!166-533,.1700 FAX:630,.29,3..2971 en·qfr,,,t,... h"'-·• • >•u"- f!"P,.,,.. . prgyp.. ,, ..... Ollkbn;mk.1605Zl-- .xev .. HAIIVES1BI ROAD __ ... __ I -- ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] EXHIBIT A-1 TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A-1 will be the Political Body's type, size and location prints of the Project (see Recitals) ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] LEGEND l I . § PR. TACTILE/DETECTABLE WARNING SURFACE z-~ Pil. EPOXY PAVEMEt. T MARKINGS- LINE ..;• PR, COMB. CONCRETE CURB AND GUTTER, I I·' EDGE LINES. WHITT fT't'M !IIIID TYPE 8-6.12 PR. EPOXY PA.VjiMENT MARKINGS- LINE -1• ,. r PR. COMB. CONCRETE CURB ANO GUTTER, DOUBLE LINES. YELLOW (TYP,) ,. cotAADSEDl T"f't &-f.1:1 ., l I'' 111 I: I- ' I ..!!!!. PR. EPOXY PAVEMENT MARKINGS- Uh-"l: 6• lI SIDEWAL.X LINES, w1-me {TYP'.l'_·,• ' l ~~ •, _: , .. '· - •. . . - .. _,.. __ -~ ~ROW u . ...,2. 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DJN 475 MAIN STREET HARVESTER ROAD lhomu~~~,.,. ti;; W'ESTCHtcAGO, ll.60185 CROSSING EXHIBIT ... <>Nb!Dok.lBOS:~ PHONE: 630-293-~5 RECONSTRUCTION PROJECT phona:~1700 l KCV HARVESTER ROAD FAX:1113G,.29'3,,,2971 ~~-, ... M , •• t•• U ·l•·UI - ~··• · _L_ - _L_ I i i ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] Public Highway At-Grade Crossing 03/01/13 Standard Fonn Approved, A VP-Law EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No non party shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. 1 ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and al! appurtenances thereof. The appurtenances shal! include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the 2 ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 3 ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the Po!itica! Body, to the extent permitted by !aw, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body's employees, or damage to any property or equipment (collectively the "Loss") that arises from the presence or activities of Political Body's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 4 ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. 5 ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any ri:>q1 IP~tc.:. nr ri:>r-nmmi:>nrl::itinn~ m::irlP ny ~· 1r-h ri:>pri:>5i:>nt::iti\/P~. If ::i ri:>pri:>~ent::ifotP of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. 6 ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. 7 ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years follm•ving the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A.. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. 8 ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBITC TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] Material And Force Account Estimate West Chicago, City of Estimate Number: 151568 Version: 2 Standard Rates: Labor Additive = 283.35% Estimate Good Until 12/12/25 I I Location: BELVIDERE SUB, SIMN, 31.775-31.815 Description of Work: Belvidere Sub, MP 31.795 DOT 174533R, Harvester Road, West Chicago, IL Install 48' concrete crossing Prepared For: Buy America: No COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL ENGINEERING Engineering 1 LS 17,564.20 17,564 0 17,564 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,774.72 0 1.775 1,775 Contract Engineering 1 LS 7,000.00 0 7.000 7,000 Sub-Total= 17,564 10,575 28,139 TRACK CONSTRUCTION - COMPANY Mobilization: Company 1 DA 11,450.00 11,450 0 11.450 RDXING RDXING 136# CON10W 10' LOOSE PAN TIES 48 TF 1,075.43 30,541 21 080 51,621 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 32 TF 689.95 14,806 7.272 22.078 BALAST BALASTCL1 1 CL 2,565.64 1,033 1,533 2,566 COMPJT Transition Rail - 136# 2 PR 8,395.75 9,456 7.336 16,792 Sign Post - Generic Sign 1 EA 500.00 250 250 500 Sub-Total= 67,536 37,470 105,006 TRACK REMOVAL - COMPANY RDXING Remove road crossing - concrete 32 TF 117.50 3,760 0 3,760 TRACK Remove Track 48 TF 52.45 2,518 0 2.518 Sub-Total= 6,278 0 6,278 SITE WORK • CONTRACT Asphalt 1 LS 9,360.00 0 9,360 9,360 Traffic Control - Detour Signs & Coordination 1 LS 10,000.00 0 10.000 10,000 Asphalt Saw Cut 1 LS 2,200.00 0 2.200 2,200 Sub-Total= 0 21,560 21,560 EQUIPMENT RENTAL Equlpmont Rental 1 LS 15.000.00 0 15.000 15,000 Sub-Total= 0 15,000 15,000 1 Total Wgt. in Tons= 499 Totals= 91 ,377 84,605 '175,983 Grand Total = $175,983 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, West Chicago, City of will pay actual construction costs at the current rates effective thereof. Thursday, December 12, 2024 Page 1 of 1 ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Project No. 0787064 Projects Form Approved 02/091.2022 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ___ day of___________ , 20 ___ , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and _______________________ ,, a __________ corporation ("Contractor"). RECITALS: Contractor has been hired by_______________________to perform work relating to _________________________ (the "Work") with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost _____ on Railroad's _____________ __.,Subdivision or Branch] [at or near DOT No. _______ located at or near______ , in _______ County, State of______ , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated _________ between Railroadand ________________ _ Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - BIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon an,d subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. 1 ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/09/.2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATlYES. A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"): MTM: PM: C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE Of WORK ON A MONTHLY BASIS, The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 48 above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad's property. ARTICLE 6 - TERM: TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________ _, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2 ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/09/2022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn: ________ _ Project No. 0787064 ARTICLE 8 - PRECONSTRUCTIQN MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific's Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 1o. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS: COMPLIANCE WITH MUTCD AND ERA GUlDEUNES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. 3 ===== PDF PAGE 32 ===== [Extraction: embedded PDF text] Contractor's Right of Entiy' Public Projects Form Approved 02/09/.2022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By:------------ Title: ____________ _ (Name of Contractor) By: __________ _ Name: ___________ _ Title: --------~--- Phone: ___________ _ E-Mail: ------------ 4 ===== PDF PAGE 33 ===== [Extraction: embedded PDF text] EXHIBIIA m CONTRACTOR'S BIGHT Of ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. ===== PDF PAGE 34 ===== [Extraction: embedded PDF text] z--e,--c .. ....... • ~ ~ UPP.R RlGMT OF WAY LIMITS r@ UPRREXISTINGRIGKTCROSSINGOF WAY FOOWRIHT(1,738 Sf) WfllilN r@ ADCmONALWITH UPRR RIGHTCROSSINGOF WAYFOOTPRINT{250 SF)flt.OIIOSEC b'U i tlOC!M\'ALSULt al Jm- RAIIJIOAD CROSSING CITY OF WEST 282S~,- MAIN STREET HARVESTER ROAD RIGHT--Of....WAY EXHIBIT-- __ .1!,1[( _...... .... ~ 'hOma,_.,._hg gnw, k WEST ate.AGO, L 60186 .1.w~4···r--1 -~ I - · I CHICAGO th@rn(JS. ...11Mbfoak,1805:t3 USDOT i14533R IECONSTRUCTION PROJECT ,m_........,. inm-:~1700 • ••••Pie- .-r • : • • •• • •• •----+---t--------- FAX:~1 ' ,l(eY.. 1 Sc.iuJ!!' ~.?.!.t'":! !~' ~-~--~'!!'.?. HARVESTER ROAD _._ .. __ i ===== PDF PAGE 35 ===== [Extraction: embedded PDF text] EXHIBIT B IQ CONTRACTOR'S BIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 1 ===== PDF PAGE 36 ===== [Extraction: embedded PDF text] paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnish~d. unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually v,orked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any ot~er party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 2 ===== PDF PAGE 37 ===== [Extraction: embedded PDF text] Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS -COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address ("Railroad's Safety Standards") to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 3 ===== PDF PAGE 38 ===== [Extraction: embedded PDF text] determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up pdf nativedocs/pdf up supplier safety reg.pdf B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Property Access Training" and be registered prior to working on Railroad property. This training is available at \A.n,,A.,n.A-1.up.com/up-pat. This training is required to be completed annually. C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and hei;ilth hazards and ensure that its employees are competent and adequately trained in all safety and h.ealth aspects· oft,h-e job. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid sen;ices may be pipvided to any peison injuied on the job site. Contractor shall promptly notify Railmad of any U.S. Occupational .Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inco'lsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (Ill) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. 4 ===== PDF PAGE 39 ===== [Extraction: embedded PDF text] CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION Of PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MOPIEICAJION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 5 ===== PDF PAGE 40 ===== [Extraction: embedded PDF text] EXHIBITC IQ CONTRACTOR'S RJGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor's Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad's property has been completed and all equipment and materials have been removed from Railroad's property and Railroad's property has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Uabmty insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 241710 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coyerage insurance. Business auto coverage written on ISO form CA oo 01 1o 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. c. Workers' Compensation and Employers' Ljabmty insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoreman's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Pcotectjye Ljabmtv insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 1 ===== PDF PAGE 41 ===== [Extraction: embedded PDF text] and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrena or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Ponutjon Ljabmtv insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. other Reaujrements G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 2 ===== PDF PAGE 42 ===== [Extraction: embedded PDF text] K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3 ===== PDF PAGE 43 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _Lf__.__• B=--·-- Resolution No. 25-R-0035 - Public Roadway Encroachment Agreement with the Union Pacific Railroad COMMITTEE AGENDA DATE: May 1, 2025Company for an At Grade Crossing and Pedestrian COUNCIL AGENDA DATE: May 19, 2025 Sidewalk on Nuclear Drive in the amount not to exceed $124,335.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_________ _ ITEM SUMMARY In FY 2025, the City plans to complete roadway reconstruction of Nuclear Drive and Northwest Drive (Project). The scope of the project includes reconstruction of the roadway, drainage improvements, construction of ribbon curb, sidewalk, street lighting as well as other miscellaneous items. Within the project limits, there is an unsignalized at-grade railroad spur crossing at Nuclear Drive, owned and maintained by Union Pacific Railroad Company (UPRR), DOT Number 174534X. A pedestrian sidewalk connection to Harvester Road along the east side of Nuclear Drive is proposed to provide for a safe pedestrian route, which also aligns with the City's Complete Street Policy. Proposing a sidewalk on Nuclear Dr requires a permit from the UPRR for the sidewalk grade crossing at the railroad spur. On February 6, 2023, the City Counsil approved Resolution No. 23-R-0012 authorizing a Reimbursement Agreement for Preliminary Engineering Services between the City and the UPRR to initiate the permitting process and design phase. The design phase is nearly complete and UPRR has provided a Public Roadway Encroachment Agreement (Agreement) to the City. As part of the Agreement, the UPRR forces will remove the railroad tracks at this crossing and install a temporary roadway crossing surface. The City's contractor will be responsible for constructing the sidewalk and a permanent roadway crossing surface as part of the upcoming Project. UPRR estimates the cost of at-grade crossing improvements to be $124,335.00 which includes a one-time fee of $3,000.00 for the preparation and execution of the Agreement. The final cost of the improvements will be determined upon completion. This is an unbudgeted item for FY 2025 because at the time of budget the cost information was not available. The funding for these improvements will be paid from Capital Projects Fund (Account No. 08- 34-53-4810) in FY 2025, where a surplus of funds is available. ACTIONS PROPOSED: Approve Resolution No. 25-R-0035 authorizing the Mayor to execute the Public Roadway Encroachment Agreement with the Union Pacific Railroad Company for an at-grade crossing and pedestrian sidewalk improvements on Nuclear Drive in the amount not to exceed $124,335.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 44 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0035 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE PUBLIC ROADWAY ENCROACHMENT AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR AN AT-GRADE CROSSING AND PEDESTRIAN SIDEWALK IMPROVEMENTS ON NUCLEAR DRIVE, IN THE AMOUNT NOT TO EXCEED $124,335.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute the Public Roadway Encroachment Agreement with the Union Pacific Railroad Company for an at-grade crossing and pedestrian sidewalk improvements on Harvester Road, in the amount not to exceed $124,335.00, in substantially the form · attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of May 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 45 ===== [Extraction: embedded PDF text] UP Real Estate Project No.: 0802251 PUBLIC ROADWAY ENCROACHMENT Nuclear Drive DOT 174534X 32.205 - Belvidere Subdivision West Chicago, Du Page County, Illinois THIS AGREEMENT ("Agreement") is made and entered into as of the __ day of _____, 20 __ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad" or "Licensor") and CITY OF WEST CHICAGO, a municipal corporation or political subdivision of the State of Illinois to be addressed at 1400 West Hawthorne Lane, West Chicago, Illinois 60185 ("Political Body" or "Licensee"). RECITALS: Presently, the Political Body owns and maintains an existing at grade public road crossing over Nuclear Drive, DOT Number 174534X (the "Existing Crossing") at Railroad's Milepost 32.205 on Railroad's Belvidere Subdivision at or near West Chicago, Du Page County, Illinois ("Railroad's Operating Property"). The Railroad's use of the property for railroad operations at the location of the Existing Crossing is currently inactive. The Political Body now desires to undertake as its project (the "Project") the widening of the Existing Crossing and installation of a sidewalk. The Project and Plans (defined below) also involve removal of Railroad's tracks at the Existing Crossing. The Railroad Operating Property utilized by the Political Body for the Existing Crossing is not sufficient to allow for the Project work. The portion of Railroad's Operating Property that Political Body needs to use in connection with the maintenance and use of a the roadway encroachment (including the area being utilized for the Existing Crossing) is shown on the Railroad's location print marked Exhibit A and the Political Body's type, size and location prints of the Project marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the "Encroachment Area"). AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Article 1. EXHIBITB The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Articles of Agreement ===== PDF PAGE 46 ===== [Extraction: embedded PDF text] Article 2. RAILROAD GRANTS RIGHT. For and in consideration of the sum of THREE THOUSAND DOLLARS ($3,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Existing Crossing over and across the Encroachment Area. Article 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's Operating Property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Article 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Project area or premises and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad Operating Property. Under no circumstances will the Contractor be allowed on the Railroad's Operating Property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP Project No. 0802251 Articles of Agreement ===== PDF PAGE 47 ===== [Extraction: embedded PDF text] D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Article 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Article 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Article 7. WORK TO BE PERFORMED BY THE RAILROAD. A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated March 12, 2025, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is One Hundred Twenty-One Thousand Three Hundred Thirty-Five Dollars ($121,335.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's Operating Property within six (6) months from the date of the Estimate. C. The Political Body acknowledges that the Estimate may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's Operating Property has been completed. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of Articles of Agreement ===== PDF PAGE 48 ===== [Extraction: embedded PDF text] engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Article 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are marked Exhibit A-1, attached hereto and hereby made a part hereof. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Article 9. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Project Area or on any other Railroad Operating Property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body Railroad's written approval of the Plans. (iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement. Articles of Agreement ===== PDF PAGE 49 ===== [Extraction: embedded PDF text] (iii) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Article 10. EFFECTIVE DATE; TERM. A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Encroachment Area remains on the Railroad's Operating Property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project or use the Project area located on the Railroad's Operating Property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Article 11. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Encroachment Area shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Article 12. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Article 13. REINSTALLATION OF TRACKS AT EXISTING CROSSING Political Body hereby acknowledges Railroad has common carrier obligations and that if Railroad, in its sole and absolute discretion, at any time in the future, determines it is necessary to reactivate its operations in the vicinity of the Existing Crossing, including traversing over the Existing Crossing, Railroad has the right to reinstall the track. If Railroad approves, in its sole and absolute discretion, the continued use of the Existing Crossing considering such reactivation, Political Body will enter into separate agreements with Railroad as may be required by Railroad for the construction, cost allocations, and continued use of the Existing Crossing. Articles of Agreement ===== PDF PAGE 50 ===== [Extraction: embedded PDF text] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF WEST CHICAGO Title: ______________ _ Articles of Agreement ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A Survey Print Articles of Agreement ===== PDF PAGE 52 ===== [Extraction: embedded PDF text] ~z ' --. , ■ •. ' ~ ~"II aac;;,.l at l"V,l l'l.l!Hr. ~ Uf'RCX!<;T1~.11;R Rla-tTt Al OFl">~INGV/ A'f r tlrn,82JJTPRINTSF! WIT IIN ~ WIADDIHITl(.)lM·N<'IKL kl1"iHIC=l.US~mINGWATr uuTPAi3f::(JINT"if-)PAUPJ~[D MrR0Xl~/\TE LIMITS OF Ur, Tfl./,O'. REl•'0V/\l. ~o j ~..,_l(.ILlllN fU RAILROAD CROSSING 1honkl5•1'~JIHn/'i~roup II, CITY OF WEST NUCLEAR DRIVE 262S bu~1/leld rou.r,M""""' •" ..DJN 475MA.JNSTREET 03:1.1!1!>.. RIGHT-OF-WAY EXHIBIT ~uh 209w WESTCHICAGO IL6(11ij5 AND NORTHWEST AVEIIUE CHICAGO th@!QS. WHII> i IOfPRfSSfD) I ., f't ..._ HORIL SCAL.f I I I l 765 I I I 765 I 760 760 l:~ -GJfqJND •Dfll~\ _;- r~. s10,,vo\1 PF,Cf ILE !I~ 755 =iip I 755 ~ ,~ V -ok, .. t;: r,12"! _J_ 750 I i~ I~L1 ;J 750 I I I I !"'•,~1~1•0 .. ~ lli 745 7451 1 1 I I l 740 I jtl~ I 740 ! 735 735 ~"~1~ ~,! !~ ~12 ~l~ 'I" IGl-• ',C 101• I JOl GC 101•\V .. \0 I Im"••~.:;1:; ~-·1~ I I SIDEWALK RAILROAD Lhomui!lainKinng~upUc. CITY OF WEST ~ ... ,,#N ... - •• DJN , •• d751.1AJNSTREET CROSSING EXHIBIT $Ultl,l2()9w ?62'Sbu.-rfk>lclroad NUCLEAR DRIVE WEST CHICAGO, 1L EIU!5 ,. D3'111'25 ••-~ .... CHICAGO th@!!)CS, USOOT 174534X PHONE:6J0-293-22SS • "Pl"S' ~/Oi.~ ll'CA,r a.- DRK FAX SJ0-293-2971 .. ' f" G A· pyo·••·· oJikb/OC.kll60S2lphgnc:f5>SJJ•171l0 NUCLEAR DRIVE __l_ o, _.1__ ........... I ===== PDF PAGE 55 ===== [Extraction: embedded PDF text] PRX 880805 A Form Approved, A VP-Law EXHIBIT B SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of said right of way, any of which may be freely done at any time by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same, and are granted without covenant of title or quiet enjoyment. SECTION 2. MAINTENANCE AND USE. (a) The Licensee, at its own expense, shall maintain the Encroachment Area and shall keep the rail flangeways clear of obstructions. (b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other appurtenances shown on Exhibit "A". The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the crossing so that the Licensee's line of sight to approaching trains is not impaired or obstructed by vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall keep any gate affording access to the Encroachment Area closed and locked at all times except during the time of actual passage through it onto or from the Encroachment Area. The Licensee shall not do, suffer or permit anything which will or may obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor's operating property. SECTION 3. MODIFICATION OR RELOCATION OF ENCROACHMENT AREA. Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirements or for the improvement and use of its operating property to modify or relocate the Encroachment Area: (1) the Licensor shall, at the sole expense of the Licensee, modify or move the Encroachment Area; and the appurtenances thereto. All the terms of this agreement shall govern the continued maintenance and use of the Encroachment Area as modified or relocated pursuant to this section. EXHIBIT B ===== PDF PAGE 56 ===== [Extraction: embedded PDF text] PRX 880805 A Form Approved, A VP-Law SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's operating property. Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to hPoinnino ~nv u ,nrlc nn thP • • _ ... _ ..--0· 00 ••• .. o -··.1 ···- T-·--··--·if'Pn<:nr'<:- nrPmi<:P<:t'·-·--·---· (b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee, its contractor, agents and/or employees, that causes or in any way or degree contributes to ( l) any damage to or destruction of any telecommunications system by the Licensee, and/or its contractor, agents and/or employees, on Licensor's operating property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's operating property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). SECTION 5. INDEMNITY. The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the operating property of the Licensor, their officers, agents and employees, against and from any and all loss, damages, claims, demands, actions, causes of action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter "Loss") which may result from: (1) injury to or death of persons whomsoever, (including officers, agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licensor and such other railroad companies, as well as other property); or (3) the Licensee's failure to comply with any federal, state or local law, regulation, or enactment; when such Loss is due to or arises in connection with or as a result of: (a) the construction of the Encroachment Area; (b) any work done by the Licensee on or in connection with the Encroachment Area; (c) the use of said Encroachment Area by the Licensee, or the officers, agents, employees, patrons or invitees of the Licensee, or by any other person; (d) the use of said Encroachment Area by the Licensee's successors or assigns or the officers, agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either complies with the provisions of Section 8 or terminates the agreement as provided in Section 6; or (e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this agreement; regardless of whether EXHIBIT B ===== PDF PAGE 57 ===== [Extraction: embedded PDF text] PRX 880805 A Form Approved, A VP-Law such Loss is caused solely or contributed to in part by the negligence of the Licensor, its officers, agents or employees. SECTION 6. TERMINATION ON BREACH OR ON NOTICE. (a) It is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof. (b) This agreement may be terminated by either party on thirty (30) days' written notice to the other party. SECTION 7. REMOVAL OF ENCROACHMENT AREA. (a) Upon termination of this agreement howsoever, the Licensor shall, at the sole expense of the Licensee, remove said Encroachment Area and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Encroachment Area. (b) In the event of the removal of the Encroachment Area as in this section provided, the Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee. SECTION 8. ASSIGNMENT. The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein. SECTION 9. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. EXHIBIT B ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT C ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] Material And Force Account Estimate City of West Chicago Estimate Number: 153618 Version: 1 Standard Rates: Labor Additive = 283.35% Estimate Good Until 03/12/26 I - I Location: BELVIDERE SUB, SIMN, 32.14-32.18 Description of Work: Belvidere Sub, MP.32.16 DOT 174534X, Nuclear Drive, West Chicago, IL Removal of crossing Prepared For: Buy America: No COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL ENGINEERING Engineering 1 LS 11,896 66 11,897 0 11,897 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900 00 0 900 900 Homeline Freight- Track Surface RECOLLECT 1 LS 900,00 0 900 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,473.32 0 1,473 1,473 Contract Engineering 1 LS 10,000 00 0 10,000 10,000 Sub-Total= 11,897 13,273 25,170 TRACK CONSTRUCTION - COMPANY Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 Sub-Total= 11,450 0 11,450 TRACK REMOVAL - COMPANY RDXING Remove road crossing - concrete 76 TF 121.80 9,257 0 9,257 TRACK Remove Track 250 TF 54.37 13,593 0 13,593 Sub-Total= 22,850 0 22,850 SITE WORK - CONTRACT Asphalt 1 LS 29,640.00 0 29,640 29,640 Traffic Control - Detour Signs & Coordination 1 LS 10,000.00 0 10,000 10,000 Asphalt: Saw Cut 1 LS 5,225.00 0 5,225 5,225 Sub-Total= 0 44,865 44,865 EQUIPMENT RENTAL Equipment Rental 1 LS 15,000.00 0 15,000 15,000 Sub-Total= 0 15,000 15,000 CONTRACT WORK TRAK, EARTH BUMPER, CONSTRUCT 2 EA 1,000.00 0 2,000 2,000 Sub-Total= 0 2,000 2,000 Total Wgt. in Tons= Totals= 46,197 75,138 121,335 Grand Total = $121,335 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, City of West Chicago will pay actual construction costs at the current rates effective thereof. Wednesday, March 12, 2025 Page 1 of 1 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Project No. ____ _ Projects Form Approved 02/09/2022 EXHIBIT D CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and enteied into as of the ___ day of___________ , 20 ___ , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and _______________________ , a __________ corporation ("Contractor"). RECITALS: Contractor has been hired by ________________________to perform work relating to _ _________________________ (the "Work") with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost _ _ ___ on Raitroad's _____________ _,,Subdivision or Branch] [at or near DOT No. _______ located at or near______ , in _______ County, State of_______ , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated. _________ between Railroadand________________ _ Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION Of CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/091.2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVES. A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"): MTM: PM: C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad's property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until ___________ , unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2 ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/0912022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn:_________ _ Project No. ______ _ ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is IC."-.t""\n~r~+.t""\ u,nrl, +n ht""\. n.t""'lt,.4'nrm~rl h" +hn O..,ilrn..,rl +hn f""n,•,,f.r..,,...+nr ,...nn.f:'irmr,, +h...,,+ nn u,-rl, r,,h..,11 ,..nmtv1 ____ 1 1n+il +hn.;JVt,J0.1 CILV VVVI n. LV UV fJVI IVI 11 IV\.A uy I.I IV I '\CUii VC.U 1 LI IV \JVI ILi QVLVI V VI 111111 I~ I.I IClL I IV VVVI "- ~I IOIII \.,VI 1111 l'C,l l \.,V UI ILII LI IV Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific's Third Party Flagging Policy at the link provided here: www.up.com/flagqing ARTICLE 9. DISMISSAL Of CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS: COMPLIANCE WIIH MUJCP AND ERA GUIDELINES, A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. 3 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/0912022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: ------------ Title: ____________ _ (Name of Contractor) By: __________ _ Name: ___________ _ Title: ___________ _ Phone: ___________ _ E-Mail: ------------ 4 ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] EXHIBIT A IQ CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] ~z ~ IJl"AR RIGH T Of WAY LIMITS [ Xl',TINli < R(J',"'.i1NG fOOTPl'.INT wm IIN UN~P: /1. IGHT OF WAY (1.B21 SFI ADDITIUNl'll [RUSS ING fUUTPFI.I NT PRU PUSCD WII H LJl'k k klC HI Or WAY 1330 Sr) Arr'ROX IMATE LIM ITS OF Ur. TR/\Ct-: REMOVAL ~ j ~&IIC~ltltn RAILROAD CROSSING lhon,as.,,,gl<1',~llll\l!lCUP .. OF WEST CHICAGO NUCLEAR DRIVE 2o2$b,me1tleld r0ad or,o-2s CITY 475MAINSTREET~"""" .... Q.,IN RIGHT-OF-WAY EXHIBIT SI.Ill~ ~Ollw AND NORTHWEST AVENUE WEST CHICAGO, IL 60185 oak !)rook,~ 60523 USOOT 174534X PHONE;630.l9)-<"l5S l)ho:.,no,:8$$.533-1i00 RECONSTRUCTION PROJECT FAX 630-293-2!17 1 ORK NUCLEAR DRIVE -- ~-- i ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] EXHIBIT B IQ CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK- RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Raiiroad's track(s) at any time, for any reason, uniess and untii a Raiiroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIOOIIAJJON AND SUBORQINATJON 9E BIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 2 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record. Railroad may, at its election. discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address ("Railroad's Safety Standards") to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 3 ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up pdf nativedocs/pdf up supplier safety req.pdf B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Property Access Training" and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually. C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (Ill) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. 4 ===== PDF PAGE 70 ===== [Extraction: embedded PDF text] CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, ttlen in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 1o. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 5 ===== PDF PAGE 71 ===== [Extraction: embedded PDF text] EXHIBIT C IQ CONTRACTOR'S RIGHT Of ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor's Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad's property has been completed and all equipment and materials have been removed from Railroad's property and Railroad's property has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Ljabjljty insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 1O 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA oo 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad protectjye Uability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence ===== PDF PAGE 72 ===== [Extraction: embedded PDF text] and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. &llution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Reaujrements G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 2 ===== PDF PAGE 73 ===== [Extraction: embedded PDF text] K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3 ===== PDF PAGE 74 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: < t:+. c_ Resolution No. 25-R-0036 - Contract Award - Strada Construction Co. for the 2025 Concrete Maintenance COMMITTEE AGENDA DATE: May 1, 2025 Program in an Amount Not to Exceed $100,000.00. COUNCIL AGENDA DATE: May 19, 2025 STAFF REVIEW: Mehul T. Patel, P.E., CFM, Director of Public Works SIGNATURE._________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE._________ _ ITEM SUMMARY: The 2025 Concrete Maintenance Program will consist of intermittent removal and replacement of sidewalks, curb and gutters, and concrete alleyway pavement at various locations throughout the City. This annual Program also includes the construction of an aggregate base course for ground stabilization, inlet adjustments, detectable warning installation, tree root pruning, and restoration items, including hot- mix-asphalt and concrete driveway replacements, pavement patching, and sodding. The request for bids was advertised in the Daily Herald and on an online bidding platform, QuestCDN, on April 1, 2025, with the bid opening on April 22, 2025. The bid results are as follows: Bidder Bid Amount Overall Rank Strada Construction Co. $66,869.00 1 Schroeder & Schroeder, Inc. $94,530.00 2 Alliance Contractors, Inc. $146,900.00 3 Engineer's Estimate $99,391.45 NIA Strada Construction Co. (Strada) of Addison, Illinois, submitted the lowest responsible bid of $66,869.00, which is $32,522.45 or approximately 33% lower than the engineer's estimated cost of $99,391.45. Strada satisfactorily completed the City's 2024 Sidewalk and Curb Maintenance Program, which was of a similar size and scope. Additionally, Strada is a registered prequalified contractor with the Illinois Department of Transportation. The FY 2025 budget includes $155,000.00 under Account No. 08-34-53-4863 for the Program. However, $55,000.00 was reallocated to cover the overage in the 2025 Bishop Street and Brown Street Water Main and Streets Rehabilitation Project, leaving $100,000.00 budgeted for the 2025 Concrete Maintenance Program. There are more sidewalk, curb, and concrete alleyway repairs throughout the City that can be included in this Program, but staff elected to bid a conservative amount of quantity to ensure the bid does not exceed the remaining budget. To take advantage of the favorable bid pricing and to address additional sidewalk, curb, and concrete alleyway repairs throughout the City, staff is recommending awarding the contract to Strada Construction Co. of Addison, Illinois, for the 2025 Concrete Maintenance Program, for an amount not to exceed $100,000.00. ACTIONS PROPOSED: Approve Resolution No. 25-R-0036 authorizing the Mayor to execute a construction contract with Strada ===== PDF PAGE 75 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO Construction Co. of Addison, Illinois, for the 2025 Concrete Maintenance Program in an amount not to exceed $100,000.00 (Bid Amount $66,869.00). COMMITTEE RECOMMENDATION: ===== PDF PAGE 76 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0036 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION CONTRACT WITH STRADA CONSTRUCTION CO. OF ADDISON, ILLINOIS, FOR THE 2025 CONCRETE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO EXCEED $100,000.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a construction contract with Strada Construction Co. of Addison, Illinois, for the 2025 Concrete Maintenance Program in an amount not to exceed $100,000.00 (using the unit pricing in Strada's lowest bid amount of $66,869.00), in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of May 2025. AYES: NAYES: ABSTAIN: ABSENT: Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 77 ===== [Extraction: embedded PDF text] NI C LN O TY I DR N WILT X IN OOD CT CIR HILL S HONEY O DR ROUTE TR EW HONEYSUCKLE RBURY LN F WISCON 006 IL RD S CT WAY LAK T YAL WARWICK RD 009 CANTE PACIFIC WAYNE RO 010 J W 008 A LN MES RR 005 AY E OOD 004 C 003 007 HILL CT 002 W POWIS MUNGER ERSET LN BAINBRIDGE BLVD KIDWEL L RA 001 LN DR FORSYTHIA T CT BRIAR CT GS D RD OM S R KIN S SMITH O RD W CIR GATE DR CHA F SMITH RD BERKSHIRE CT E RI PEPPER CT R EN E SMITH RD CHALL G CT E DR CT ALAMANCE T JENLOR N QUEEN A KIN A HAVENS TRL DR DR DR AVE KING ELIZABETH W ELIZABETH DR DR T BLVD S RD CT AUBREY RD LN RD RD CTBLACK JAMES EANOR KING KING WY LN ETHDR L BRAEMORE DR AUGUSTA DORAL ADE UNION WOODLAND PRAIRIELN E SPICER WIANT AVARD KAELIN NELTNOR LIA CTWILLIAM KING LN DR DR RD PACIFIC S SDR LN LAKE ST ANDREWS RICHARD LN LEHMAN 017 LN 013 020 ANDRUS CT 018 019 RD WHITNEY RD K VIEW BLANCHARD I RR POWIS N CULVER AMDEN CT G ILLINOIS R 015 AY IC C 016 LN 014 BLVD HENANDOAH LINDS RD GOLF HARD AVE KLEIN BLVD CT RD AVE 011 AVE LN OV DR RD WOODL ST ER D RD AND TRL S KING WHITNEY RT PRAIRIE OAKS NO CT U Q RNHA JAMES 012 R BEC N BA UEEN MANSFIE K A T N IO LD RD O NPORT L KAELIN LOCUST NORRIS ST NEAVE FAIR N KENWOOD NELTNOR LN CT PATH AVAR N N BAINBRIDGE SMITH CAMLN - RCHILD POWIS CT DAVE C PACI CT WIANT DEN FAI LAKE DR R KING FI DR STOCKBERRY LEHMAN RD E C ELEANOR RD WOODLAND EDWARD LN E LIES RD R HENRY NG LN ELGIN K R LN KI LN BARNHART LES EBOW KING RG ST CT TR BTANAGER LN O CHAR DR SUDBURY DR INDIA AVE RD GE FOXFIELD N AVE AVE AVE OBO BUNT W BRANCH R RD BLAC CTING HI K D WAY KING TRL T AELIN H E A K RD W K IL NORRIS LOCUST SANDPIPER LN LAK KLEIN WOODLAND KENWOOD ME AD PARTRIDGE DR TRL RD KE POWISUNION PHEASANT DR SMITH LN RD MEADOW PHEASANT RD 029 XFIELD CT PACIFIC LN BEECH ST SHADY 030 BLVD 028 E LN FLOWER E T C 026 LAKEVIEWCT 027 RR 025 RD 024 023 WIANT 022 WILD 021 CHICKAD AVE MULBERRY DR RD NELTNOR KNOLL OAKS RD RD RD OAK KNOLL RD UNION OAK ARBORLN FAIR ELM POWIS HICKORY SHAGBA AVE MULBERRY R WOODLAND CT PACIFIC K DR CT DR DIVERSEY AVE RR ELM MAPLE NORRIS NORTH AVE E MAIN ST DIVERSEY PKWY EAGL E WYNN AVE WYNN AVE OAK LN C RIDG CT WYNN AVE MULBERRYDR RD RD RD ST. 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CHARLES WAY BLVD OLD WAYNE CT 38TH PL JUNIPER CIR ARAPAHO CHEROKEE DR KENWOOD AVE LESLIE TIMBERLINE PRAIRIE VALEWOOD LAKEWOOD CUYAHOGA CHIPPEWA LN 040 039 MO 035 POPLAR RN POPLARPL 037 PATH- 038 ILLINOIS AVE 034 FRANCISICANTRENTNELTNOR 033 ELGIN CAPE AVE 036 031 032 CAPE AVE NORTHAVE TERESALN WAY INGSIDE TOWER RD E AVE WISCONSIN BRANCH DR AVE CAP RD CENTRAL NORTHAVE LAKEWOOD POWIS CT CT POWIS OHIO AVE DR RD DR RD DE KLEIN ANDERSEN REQUE ST CHARLES RD DUPAGE ATLANTIC CUL DR RD SAC POST RD OAKCIR NELTNOR FIELDCREST DR NORTHAVE FL KAUTZ MEADOWV CROSSING CIR LAURELLN BLVD IEW DR 050 IE R OAK VALEWOOD WO HERIT O 049 046 D DR MEADOWVIEW XING RD AGEWOODS STERN AVE 045 PRAI 044 DR POST 043 CT SHINGLE OAK DR 048 042 CRE S 047 SN ST 041 AVIATION DR O UNION OAKS VALE RD W WHITE LN DR TC DR EETBAY L MARSHVIEW CROSSING OAK E LN WBERRY PACIFIC LN A HE ANCIENT LN N MLOCK LN SWENSON AVE RR SANDCHERRY G PRINCE PRAIRIE K DUPAGE ARTHUR DR OA CT T WAYNEWOOD DR ILLINOIS C RED INTERNATIONAL DR DR GLEN RD PRAIRIE THOMASSASSAFRASDR MAR PATH- C INTERNATIONAL DR E HAHNDORF ST COMMERCE DR WINSTON ST LL ELGIN A KINGS DR NORTHWEST AVE CT L HILL DR N ESS WO RD CT KINGS ILLINOIS PRAIRIE PATH BRANCH 058 R SPRING DR T SP C 059 C RING CIR KI CTODSIDE LN LN CT ENTERPRISE CRESS NUCLEAR CR LN NGS AMBER AN POWIS TR TALIE ROSEWOOD DR GAVIN CT HOWARD DE DR LILLIAN I A ESBILL CR DR RD LN R 060 LN DR DR N D ODSI TONI ST WO TARA LN NGA LN DR LT 056 E KAUTZ D 055 LAK TRILLIUM N 057 054 COLUMBINE ON E LN OWNE HERRYWOOD N RIDGEWOOD LN 053 S T HARVESTER RD HARVESTER RD R N H Y 052 W D R S C ID ASTER ILL ACO 051 BONNIE ST D WOO D IL CAROLINA ATLANTIC E L AVE DR LE N W I DR WILD BLACKHAWK LO R ILLIN L D OIS WOO W DE OS A R E INDIAN GINGER C LL R H LN DWOOD KNOLL VE PRAIRIE R NELTNOR RD E O A LN C Y DR BLVD E PATH- N K OODSI OR K RID ELG DR LON G G IN OAK ARB E W W RD AINSLE CTOOD HAWTHORNE LN BRANCH JACOBCT HAWTHORNE LN HAWTHORNE LN HAWTHORNE LN UNION ACADEMY LN RD CT BAYBERRY PEACHTREE LN HELEN AVE RD DR RD DR CT AVE PACIFIC AVE RD RD CT BLVD DR INDIAN RR RD RISCH HILLCREST HICKORY LN OR CT N HICKORY LN CAMBELL CROSSING QUEEN BLOSSOM CRABAPPLE T WILLIAMS FARM KNOLL PILSEN CT EL RD KRESS MAC N RD APPLEGATE DEERING INDUSTRIAL PRINCE INGALTON CHERRY PINE AVE PIONEER HONEYSUCKLE KAUTZ BERKSHIRE RD CT MCCORMICK LN PLUMTREE LN AVE 069 070 068 LEE RD LEE RD AVE LEE RD 067 066 WISCONSIN 065 AVE RD 064 LEE RD DR GENEVA DR 063 062 BLVD LANE JAMES AVE JAMES AVE DUMHAM DR CENTRAL CT RIDGELAND 061 RD ARBOR WILLIAMS HIGH RIDGE ALENA DR RAY AVE RAY AVE COURSE NOR-OAKS DR RAY AVE NELTNOR DR AVE CT NATIONAL RD NATIONAL ST PERSIMMON PILSBURY DR NATIONAL ST OAK HIGHGATE AVE GENEVA ILLINOIS PRAIRIE PATH - 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ILLINOIS PRAIRIE STST MAIN ST BLVD CLARA ST GENEVA 087 CHARLES KRESS ST ST CHURCH RD ROOSEVELT RD RD AVE AVE AVE CT 086 HARRISON AVE 088 L DR 085 AVE SHERMAN 084 AVE HILLVIEW NELTNOR 083 WASHINGTON ST MILO ST CT 081 082 ST ALLEN AVE ST KNOL LAKE ST UNION CT AVE CT STPARKER SPENCER IAN CT PACIFIC CROSSING SUNSET WEGNER STERLING AVE RR ST VINE D WOOD HIGH ST NORRIS AVE ST JOLIET RD AVARD DR MORNINGSIDE IN HILLVIEW ST CHARLES CHURCH TOWN JENICE ST AVE ST GEORGE LAWRENCE AVE PRINCE CT COOLIDGE DU PAGE ST LAKE INNOVAT BARBER WILSON CLAYTON AVE ION DR LN PEARL CT ANN ST DR AVE JERI LN CONDE ST ROOSEVELT ANN ST AVE AVE RD CT RIDGELAND CONDE ST KAMMES DISCOVERY LAKE D BLAIR ST AVE ST ST BLAIR ST R ST ST ST BLAIR ST BLAIR FENTON CHURCHST VD ROGERS CHARLES WEGNER SUNSET L BLVD HIGH B BROADVIEW ST Y AVE ST ST RO E ST EAS STIMMEL ST M AVE HIGH AVE O ST STIMMEL ST LAKE AVE P LYMAN STIMMEL R D TO MORNINGSIDE DGE UNION N HELENA ST SHERMAN CHNOLOGY 100 PACI N FI AVE C ST FACTORY WOOD WEYRAUCH POMEROY W RR GATES ST POMEROY OLI ST NELTNOR RO ST POMEROY AVE B AVE O AV ST POMEROY BARBER BLAKELEY AVE DONALD E C LINCOLN AVE KENWOOD DR PARKSIDE LN T RD S WN BRO BATAVIA TE AVE DONALD BROWN ST PEARL ST BROWN BROWN ST BROWN ST RD CALVIN SUNSET HATHAWAY KNOLL 098 BLVD 099 WEGNER 096 097 HAZEL ST BOLLES AVE BOLLES AVE 095 AVE HAZEL ST AVE 094 AVE ST 093 MORNINGSIDE ST RD INDIAN 091 092 PKWY NELTNOR ROOS EVE RD AVE LESTER ST COOLIDGE CROSSING LT LESTER ST ST ST LESTER ST JOLIET AVE AVE AV FABYAN RD TOWN PARKSIDE LINCOLN KENWOOD LYMAN ST ST LESTER ST ST E ST BISHOP BARNES AVE DONALD BARNES AVE PRINCE ELIZABETH CHESNEY COMMERCE DR JOLIET GATES OAK SARANA EASTON MC FOREST AVE FOREST AVE FOREST AVE MC FOREST AVE WEYRAUCH PL WY FABYAN PKWYNPK CT CENTRAL HAHN GLEN AVE BLVD GLEN AVE A BRENTWOOD DR P D E ST A ROA RL WISCONSIN AVE ST ST ST ST ST ENTERPRISE CIR BLVD NELTNOR FE RMI RD ALLEN BARBER BLAKELY BISHOP ELIZABETH OAK GATES 110 NATIONAL 107 ST DALE AVE DR 106 KRESSCREEK 108 105 TECHNOLOGY 104 109 103 ACCELERATOR TOPSOIL DR ROOSEVELT 101 102 RD JOLIET AUGUSTA AVE ENTERPRISE CIR RD ST LABORATORY BLVD BAUMAN TOWN ST ST ST CT OAK AVE NELTNOR WASHINGTON BISHOP ELIZABETH GATES KRESS HUBBARD CREEK RD MAY ST N DAYTON AVEST LE AVE G AVE DR WYCLIFFE DR R DR DR ST OAK IVE SS E H LDS ST AEL BROMWICN SARANA R CHI NN IN JOLIET U CIRCLE MELOLANE G GWAY RD CHILDS ST RRI AG E DR A JOY RD AC AVE ROAD ROOSEVELT CROSSING RD 120 119 DR 118 LORLYN 117 116 PRINCE 115 CT CT RD MORNINGSIDE PL 111 112 113 114 AP ETREE LN LN KNOLL WINDSOR CANTERBURY ORCHARD DR GARYS MILL RD INDIAN OAKS WHISPERING WILSON ST PI 2025 CONCRETE DR CITY OF WEST CHICAGO KR . ESSWOOD DR MAINTENANCE PROGRAM 1 inch = 1,000 feet BROOKWOOD ST BLVD NELTNOR JOLIET PURNELL 130 RD 129 DR 128 123 124 OAK DR CENTRAL WALK D WHITE O PROJECT LOCATIONS MAP O CANTIGNY CT WE PRINCE WISCONSIN C DG TT E ON WILLOW LN CT MAYFAIR 138 139 140 CTJUNIPEDAR PLUMCT LOCATIONS OF CONCRETE TO BE - REMOVED AND REPLACED ===== PDF PAGE 78 ===== [Extraction: embedded PDF text] th l~S. engineerin g group s e r vi c e a t t h e h i g h e s t g r o d e 0 7 62 shoreline drive suite 200 aurora, illinois 60504 MEMORANDUM TO: Dave Shah, P .E. - Assistant Director of Public Works, City of West Chicago FROM: Greg Ivanauski- Project Development Engineer, Thomas Enginee~ing Group, LLC DATE: April 22, 2025 RE: Bid Proposal Evaluation - 2025 Concrete Maintenance Program Thomas Engineering Group, LLC (TEG) prepares this memo to recommend a general contracting firm for performing roadway construction for the 2025 Concrete Maintenance Program. The work as shown in the bid documents consists mainly of sidewalk, curb, and concrete alley pavement removal and replacement. All quantities on the Schedule of Prices were used in determining the lowest responsible bidder. On Tuesday, April 22, 2025, staff received and opened three (3) bid proposals from interested firms. A bid tabulation worksheet with engineer's estimate (attached) was developed for evaluation of the bid values submitted at the bid opening. Staffs evaluation of bids included ·consideration of the base bid's unit prices and past performance with other municipalities and counties. Based on the attached tabulation, Strada Construction Co., from Addison, IL, submitted the lowest overall cost proposal. Below is a table depicting the bid results: CONTRACTOR BID SUBMITTAL OVERALL AMOUNT RANK Strada Construction Co. $66,869.00 1 Schroeder & Schroeder, Inc. $94,530.00 2 Alliance Contractors, Inc. $146,900.00 3 ENGINEER'S ESTIMATE $99,391.45 NA Strada Construction submitted a base bid proposal value of $66,869.00, approximately 32.7% lower than the engineer's estimated cost of $99 .391.45. The second lowest bid proposal, submitted by Schroeder & Schroeder, Inc., was $94,530.00. The City has previously contracted with Strada Construction to perform the City's Sidewalk Program. They were contracted to perform the City's Sidewalk Maintenance Program in 2024, which was performed satisfactorily. thomaJ· ttngl ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] March 28, 2023 RE: ilid Proposal Evaluation~ 2023 Sidewalk and Curb Maintenance Program Page 2 of2 Strada Construction is registered by the Illinois Department of Transportation as a prequalified contractor. This information can be found on IDOT's website at: https://idot.illinois.gov/doing-business/procurements/construction-services/prequalification.html Therefore, TEG hereby recommends that the project's contract for the 2025 Concrete Maintenance Program be awarded to the lowest responsible bidder, Strada Construction Co., for a contract amount not to exceed $66,869.00. Should you have any questions or need additional information, please feel free to contact me. Enclosures: Engineer's Estimate with Bid Tabulation- 2025 Concrete Maintenance Program cc: 2025 Concrete Maintenance Program - Project File ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO Engineer's Estimate Strada Construction Co. Schroeder & Schroeder, Inc. Alliance Contractors, Inc. 2025 CONCRETE MAINTENANCE PROGRAM Bid Opening: April 22, 2025 @ 11:00 A.M. 1742 W. Armitage Court 7306 Central Park 1166 Lake Avenue Addison, IL 60101 Skokie, IL 60076 Woodstock, IL 60098 ITEM ESTIMATED DESCRIPTION UNIT UNIT PRICE TOTAL BID UNIT PRICE BID TOTAL BID UNIT PRICE BID TOTAL BID UNIT PRICE BID TOTAL NO. QUANTITY 1 P.C.C. SIDEWALK REMOVAL AND REPLACEMENT (5"- 6") SF 1,100 $18.71 $20,581.00 $12.50 $13,750.00 $18.50 $20,350.00 $22.00 $24,200.00 2 P.C.C. SIDEWALK REMOVAL AND REPLACEMENT (8") SF 100 $19.06 $1,906.00 $13.00 $1,300.00 $30.00 $3,000.00 $23.50 $2,350.00 3 P.C.C. PAVEMENT REMOVAL AND REPLACEMENT (6") FOOT 110 $185.00 $20,350.00 $112.50 $12,375.00 $150.00 $16,500.00 $216.00 $23,760.00 COMBINATION CONCRETE CURB & GUTTER REMOVAL AND 4 SF 130 $62.83 $8,167.90 ,(_ $45.00 $5,850.00 $125.00 $16,250.00 $108.00 $14,040.00 REPLACEMENT (M3.12. 86.12. 86.18) 5 CONCRETE CURB, TYPE B (SPECIAL) SF 20 $70.38 $1,407.~ , 'S5o.oo $1,000.00 $100.00 $2,000.00 $55.00 $1,100.00 6 TACTILE/ DETECTABLE WARNING SURFACE FOOT 40 $43.26 $1,73""-..: ~ $22.00 $880.00 $30.00 $1,200.00 $50.00 $2,000.00 7 SIDEWALK REMOVAL (NOT REPLACED) SY 50 $4.81 ~.St(" $5.00 $250.00 $10.00 $500.00 $1.00 $50.00 8 AGGREGATE BASE COURSE, TYPE B, 2-INCH SY 100 $6.18 --'Glll.iffl $9.00 $900.00 $0.10 $10.00 $2.50 $250.00 9 AGGREGATE BASE COURSE, TYPE B, 4-INCH SY 100 $9.27 ,s.121.00 $9.00 $900.00 $0.20 $20.00 $5.00 $500.00 10 P.C.C. DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT (6") SY 195 $149.69 $29,189.55 $108.00 $21,060.00 $120.00 $23,400.00 $200.00 $39,000.00 11 HMA DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT (4") SY 50 $87.89 $4,394.50 $80.00 $4,000.00 $60.00 $3,000.00 $345.00 $17,250.00 12 REMOVE AND REINSTALL BRICK PAVER EACH 20 $110.00 $2,200.00 $135.00 $2,700.00 $180.00 $3,600.00 $425.00 $8,500.00 13 TREE ROOT PRUNING EACH 10 $104.00 $1,040.00 $50.00 $500.00 $90.00 $900.00 $100.00 $1,000.00 14 VALVE VAULT, MANHOLE, INLET, CATCH BASIN TO BE ADJUSTED EACH 4 $1,000.00 $4,000.00 $1.00 $4.00 $500.00 $2,000.00 $350.00 $1,400.00 15 TOPSOIL, FURNISH AND PLACE, 4" SY 100 $13.00 $1,300.00 $5.00 $500.00 $8.00 $800.00 $65.00 $6,500.00 16 SODDING, SALT TOLERANT SY 50 $26.78 $1,339.00 $18.00 $900.00 $20.00 $1,000.00 $100.00 $5,000.00 As Corrected $99,391.45 $66,869.00 $94,530.00 $146,900.00 BID TOTAL As Read $66,869.00 $94,530.00 $146,900.00 ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO ii INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: C :± J:> Resolution No. 25-R-0037 - Contract Award - Honch Concrete, LLC for the Police Station Front Entrance COMMITTEE AGENDA DATE: May 1, 2025 COUNCIL AGENDA DATE: May 19, 2025 Improvements Project for an Amount Not to Exceed $138,639.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: The Police Station Front Entrance 'Improvements Project includes the demolition of the existing concrete sidewalk ramp and stairways, the proposed cast-in-place American Disability Act (ADA) compliant concrete sidewalk ramp, proposed stairways, new handrail system, painting, aluminum door and glass replacement, door hardware, and minor landscaping and excavation work necessary to complete the project. The project is located at 325 Spencer Street, as denoted in the enclosed location map. The Project is anticipated to be completed in August 2025, pending material availability. The Project was advertised for public bids in the Daily Herald and on an online bidding platform, QuestCDN, on April 1, 2025. A non-mandatory pre-bid meeting took place on-site on April 9, 2025. Staff opened bids on April 22, 2025, and below are the results: BID CONTRACTOR SUBMITTAL RANK AMOUNT Honch Concrete, LLC $138,639.00 1 LZ Design Group Build $148,300.00 2 Boller Construction Companv, Inc. $175,100.00 3 Bee Liner Lean Services $245,350.00 4 BUDGETED AMOUNT $140,000.00 - Kluber, Inc., the City's Phase II and Ill Architect, completed a scoping review with Honch Concrete, LLC (Honch) of Barrington, Illinois, which submitted the lowest bid in the amount of $138,639.00. Hench's bid is $1,361 .00 or approximately 1% under the FY 2025 budgeted amount of $140,000.00. Staff recommends awarding the Police Station Front Entrance Improvements Project to Honch Concrete, LLC for a total contract amount not to exceed $138,639.00. The FY 2025 Budget includes $140,000.00 under the Capital Projects Funds - Capital Outlay Account No. 08-34-53-4801 for the construction phase of the Project. ACTIONS PROPOSED: Approve Resolution No. 25-R-0037 authorizing the Mayor to execute a Contract with the lowest responsible bidder, Honch Concrete, LLC of Barrington, Illinois, for the Police Station Front Entrance Improvement Project in an amount not to exceed $138,639.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0037 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HONCH CONCRETE, LLC OF BARRINGTON, ILLINOIS, FOR THE POLICE STATION FRONT ENTRANCE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $138,639.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a Contract with the lowest responsible bidder, Honch Concrete, LLC of Barrington, Illinois, for an amount not to exceed $138,639.00 for the Police Station Front Entrance Improvement Project, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of May 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] Location Map Police Department Front Entrance Improvements Project 325 Spencer Street West Chicago, DuPage County Project Location .,._... ,,, Spencer St • j"' ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] KluberArchitects + Engineers www.kluberinc.com April 23, 2025 Dave Shah Assistant Director Public Works City of West Chicago 475 Main Street West Chicago, Illinois 60185 RE: Bid Results Police Department Front Entrance Improvements Kluber Project No. 25-473-1587 Dear Mr. Shah, On April 22, 2025, bids were publicly opened and read aloud for the above referenced project. Four contractors chose to submit bids for the project. The low base bid was submitted by Honch Concrete, LLC from Barrington, Illinois in the amount of $138,639.00. The second lowest base bid was submitted by LZ Design Build Group from Schaumburg, Illinois in the amount of $148,300.00 See attached bid tabulation for details on bid results. We conducted a Contractor Bid Scope Review Honch Concrete, LLC and believe their bid to be responsive and complete. Therefore, the City may wish to award a Contract to Honch Concrete, LLC in the amount of $138,639.00. The information contained herein and in the attached bid tabulation and scope review is provided to you for reference and use in the City's decision to award the Contract. Thank you for the opportunity to be of service to the City of West Chicago, and we look forward to the successful completion of this project with you. Sincerely, Chris Hansen Project Manager Kluber Architects + Engineers Attachments: Bid Tabulation, Bid Scope Review Cc: Mehul Patel, Public Works Director; Michael Noa, Superintendent of Facilities and Fleet Maintenance Corporate Office Bloomington Office 41 West Benton Street 2401 East Washington Street Aurora, Illinois 60506 Suite 200-B2 630.406.1213 Bloomington, Illinois 61704 309.430.6460 ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] BID TABULATION Contract Type: Single Contract, Stipulated Sum KluberArchitects + Engineers Kluber Project No.: 25-473-1587 Project : Police Department Front Entrance Improvements Date: 04/22/2025 Owner: City of West Chicago Time: 1:30 PM ~ ci z E "O ::, C -0 0 C al Q) "O "O"O <( Plan Holder Location I in I - Base--- Bid Comments 11 Honch Concrete, LLC !Barrington, IL y y $138,639.00 Bid is complete. 2ILZ Design Build Group Schaumburg, IL y y $148,300.00 3IBoller Construction Company Inc. Waukegan, IL y N $175,100.00 Addendum 1 not acknowledged. 4 Bee Liner Lean Services Bridgeview, IL y y $245,350.00 5 - 6 - 7 - 8 ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] KluberArchitects + Engineers www.kluberinc.com BID SCOPE REVIEW City of West Chicago Police Department Front Entrance Improvements Kluber Project No. 25-473-1587 Contractor: Honch Concrete, LLC Contact: Thomas Burke, President Base Bid Amount: $138,639.00 Phone: 708-510-5764 Email: Honchconcrete@gmail.com Date: April 23, 2025 Questions: All Addenda have been included in the bid. Yes All pertinent Owner contingency Allowances are included in the bid. ($10,000.00) Yes A bid bond was included in the bid package. Yes Are there any qualifications to the bid? No Are there any material deliveries which you feel could have a negative impact on the project schedule? No (Note: Railings will be field measured after concrete installation and will then be fabricated. Honch will install temporary railings if needed to expedite the reopening of the main entranceway). Are you aware of any discrepancies and/or have any questions on the bid documents? No (Note: Aluminum door widlh and existing jamb conditions wifl need to be reviewed after demo of the existing opening to determine if the existing owner jambs are structurally sound aUowing for a new pair of doors to be installed}. Did you include the railing scope of work in your Base bid? Yes Did you include the aluminum storefront door scope in your Base bid? Yes Did you include a phased approach for stairway replacement noted at the Pre-Bid Meeting to enable public access to be maintained into the building during construction activities? Yes Bloomington Office Aurora Office 2401 East Washington Street 41 West Benton Street Bloomington, Illinois 61704 Aurora, Illinois 60506 309.430.6460 630.406.1213 ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] SCOPE REVIEW: Is your team Union or prevailing wage? Union. Who will be your demolition sub-contractor? Self-performed by Honch Concrete. Who will be your excavation sub-contractor? Self-performed by Honch Concrete. Who will be your aluminum storefront and glass sub-contractor? Century Glass, Inc. or similar storefront contractor. Did they include all glass and hardware for a complete installation? Yes. Did they include the reinstallation of the existing owner handicapped door opener button & operator? Yes. Who will be your miscellaneous metals sub-contractor for the railing systems? Polsteel Construction. Did you include galvanized railings, with stainless steel concrete inserts as shown on the drawings? Yes. Based upon the scope review above, the bidder appears to have included the complete project scope for the work. The above constitutes Kluber, Inc. interpretation of the Bid Scope Review telephone call on April 23, 2025. Any changes or discrepancies shall be received by Kluber, Inc. in writing within five business days.