===== PDF PAGE 1 ===== [Extraction: embedded PDF text] WHERE HISTORY & PROGRESS MEET INFRASTRUCTURE COMMITTEE Thursday, July 2, 2026 7:00 P.M. - City Council Chambers AGENDA 1. Call to Order, Roll Call, and Establishment of a Quorum 2. Approval of Minutes A. Infrastructure Committee of May 7, 2026 3. Public Participation/ Presentations 4. Items for Consent A. Resolution No. 26-R-0037 - Intergovernmental Agreement-Winfield Township Road District - Cost Participation for Purnell Road Resurfacing Project B. Resolution No. 26-R-0050 - Contract Award - Thomas Engineering Group, LLC - Professional Engineering Services related to the Lift Station #4 Site Improvements Project in an amount not-to-exceed $54,648.00 C. Resolution No. 26-R-0051 - Intergovernmental Agreement- County of DuPage - Ray Avenue Drainage Improvement Project D. Resolution No. 26-R-0052 - Engineering Enterprises, Inc. - Professional Design Engineering Services for Lead Service Line Replacement Project- Phase A (Year 2) in an Amount Not to Exceed $65,494.00 E. Resolution No. 26-R-0053 - Contract Award - Fowler Services LLC - Washington Street Building Demolition Project in an amount not to exceed $78,000.00 F. Resolution No. 26-R-0054 - Construction and Maintenance Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian Sidewalk on Western Drive in the amount not to exceed $235,083.00 G. Resolution No. 26-R-0055 - Construction and Maintenance Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian Sidewalk on Downs Drive in the amount not to exceed $237,552.00 H. Resolution No. 26-R-0056 - Contract Award - Bee Liner Lean Services - Base Bid+ Alternate 1 + Alternate 2 and Alternate 3 related to the West Chicago City Museum Building Improvements Project at 132 Main St in an amount not to exceed $523,000.00 I. Resolution No. 26-R-0057 - Letter of Understanding Agreement with Illinois 475 Main Street T 630.293.2200 Daniel Bovey MAYOR West Chicago, Illinois F 630.293.3028 60 I 85 westchicago.org Viviana Ramirez ClfY ADMINISTRAIOR ===== PDF PAGE 2 ===== [Extraction: embedded PDF text] Department of Transportation for the Maintenance of proposed Traffic Control Device at State Route IL-38 (Roosevelt Road) and Technology Boulevard J. Resolution No. 26-R-0058 - Contract Award - Thomas Engineering Group, LLC for Construction Oversight Services of Public Improvements to be Constructed by Pritzker Realty Group for the Poorman Parkway Subdivision Development Project 5. Items for Discussion 6. Unfinished Business 7. New Business 8. Reports from Staff 9. Adjournment ===== PDF PAGE 3 ===== [Extraction: embedded PDF text] WHERE HISTORY & PROGRESS MEET Draft MINUTES INFRASTRUCTURE COMMITTEE May 7, 2026 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, Sandra Dimas, Tracey Hernandez, Joe Morano, and Jayme Sheahan present. Alderman John C. Smith, Jr. was absent. Alderman Carlos Avina Soto arrived at 7:21 P.M. Staff present included Director of Public Works, Mehul Patel, and Administrative Assistant, Ashley Heidorn. 2. Approval of Minutes A. Special Meeting Infrastructure Committee Minutes of April 6, 2026. Alderman Beebe made a motion, seconded by Alderman Sheahan, to approve the Meeting Minutes of April 6, 2026. Motion was unanimously approved by voice vote. Voting Yea: Aldermen Beebe, Dimas, Hernandez, Morano, and Sheahan. Voting Nay: 0. 3. Public Participation / Presentations. None. 4. Items for Consent. Alderman Morano requested discussion on Items F and I. Alderman Dimas made a motion, seconded by Alderman Beebe, to approve: A. Change Order No. 2 - Purchase of One 2025 Ford F59 Chassis with a Step Van Body equipped by Sauber Manufacturing from Haggerty Ford of West Chicago, Illinois, in an Amount Not to Exceed $8,500.00 for a Revised Total Contract Amount Not to Exceed $170,018.00 8. Purchase of a 2026 Freightliner 114SD Sewer Cleaning Truck - Trans Chicago Truck Group of Elmhurst, Illinois, and Brown Equipment Company of Evansville, Indiana C. Purchase of Road Salt from Compass Minerals America, Inc. of Overland Park, Kansas, for the 2026-2027 Winter Season D. No. 26-0-0008 - Authorizing the Disposal of Surplus Equipment, Stock Inventory, and/or Personal Property Owned by the City of West Chicago E. Resolution No. 26-R-0035 - Change Order No. 2 - Independent Mechanical Industries for the A2O Phosphorus Removal Project for the West Chicago/Winfield Wastewater Authority Regional Wastewater Treatment Plant in a Credit of $11,447.00 for a Final Contract Amount Not to Exceed $5,109,353.00 G. Resolution No. 26-R-0038 - Change Order No. 1 - Crystal Maintenance Plus 475 Main Street T 630.293.2200 Daniel Bovey MAl'Oll West Chicago, lllinois F 630.293.3028 60 t 85 westch 1cugo org Viviana Ramirez nrv ,\0.\IISISTRA IOR ===== PDF PAGE 4 ===== [Extraction: embedded PDF text] Corporation - 2026 Janitorial Services for Municipal Buildings in an Amount Not to Exceed $850.00 for a Revised Not to Exceed Contract Amount of $72,370.00 H. Resolution No. 26-R-0039 - Contract Award - Grove Masonry Maintenance Inc. - Base Bid in the Amount Not to Exceed $460,844.50 and Rejection of Alternate 1 and Alternate 2 for the West Chicago City Museum Masonry Rehabilitation Project at 132 Main St Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Dimas, Hernandez, Morano, and Sheahan. Voting Nay: 0. 5. Items for Discussion. 4. F. Resolution No. 26-R-0036 - Contract Award -Stantec - 2026 Water and Sewer Rate Study in an Amount Not to Exceed $128,344.00. Alderman Morano noted that this is an unbudgeted item requested by City Council, and he pulled it for informational purposes to discuss where the funding would come from. Mr. Patel explained that the City has incremental rate increases in place, but City Council was concerned whether they were sufficient to fund upcoming water and sewer projects as well as maintain operations. Mr. Patel noted that the water and sewer funds can absorb the cost of this Study by reducing the scope of upcoming projects. Staff anticipates presenting the 2026 Water and Sewer Rate Study to City Council in October in preparation for budget season. Alderman Morano made a motion, seconded by Alderman Dimas, to approve. Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Dimas, Hernandez, Morano, and Sheahan. Voting Nay: 0. 4. I. Rejection of all Bids and Re-bid - York Avenue Area Watermain and Streets Rehabilitation Project. Mr. Patel explained that Staff discussed this CDBG project with the County to determine if additional funds could be requested or if the scope could be reduced since bids came in substantially over budget. The request for additional grant funding would delay the project an additional two years, pending County Board approval, and the County would not allow Staff to work with the lowest responsible bidder to agree to a reduced scope since it may affect the eligibility of the project for CDBG funding. The County and Staff mutually agreed on the reduction of the scope to keep the project on schedule, but a re-bid would be necessary. As a result, there will be limited time for construction before winter, so the City will need to ask for an extension of the February 2027 deadline. Alderman Morano made a motion, seconded by Alderman Sheahan, to approve. Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Dimas, Hernandez, Morano, and Sheahan. Voting Nay: 0. 6. Unfinished Business. None. 7. New Business. Alderman Dimas inquired about the street resurfacing behind her home since she noticed potholes after the street was milled. She wondered if those are filled before the surface layer of asphalt is put down. Mr. Patel explained that a crack-filling mixture is typically put in there first to make it level, but he can have the Assistant Director look into the status to make sure that is completed prior to paving. 8. Reports from Staff. Mr. Patel explained that a lot of construction projects are underway including the Roadway Rehab Project and Western and Downs Drives. Saw cutting has begun on Fenton Lane, and Town Road is still awaiting a permit from FEMA. Staff are also preparing to bid out the two building demolitions at 119 W. Washington as well as the City Museum roof replacement. ===== PDF PAGE 5 ===== [Extraction: embedded PDF text] 9. Adjournment. At 7:27 P.M., Alderman Dimas made a motion to adjourn, seconded by Alderman Avina Soto. Motion was unanimously approved by voice vote. Respectfully submitted, Ashley Heidorn Public Works Administrative Assistant ===== PDF PAGE 6 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 26-R-0037 - Intergovernmental Agreement - Winfield Township Road District- Cost Participation for COMMITTEE AGENDA DATE: July 2, 2026Purnell Road Resurfacing Project COUNCIL AGENDA DATE: July 20, 2026 STAFF REVIEW: Mehul T. Patel, P.E., Director of Public Works SIGNATURE ________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE _______ _ _ _ ITEM SUMMARY: The Winfield Township Road District (District) has the duty and responsibility to reasonably maintain all unincorporated public roadways within Winfield Township, and the City of West Chicago (City) has the duty and responsibility to reasonably maintain all public roadways within the corporate limits of the City. Following the annexation of the Trillium Farms Subdivision, jurisdiction of Purnell Road is now split between the City and the District. The City maintains approximately 2,700 feet from Gary's Mill Road to the southern limits of the subdivision, while the District maintains approximately 4,100 feet from that point to Winfield Road. In 2023, as part of the development of Trillium Farms Subdivision, Pulte Homes resurfaced Purnell Road (~1,200 feet) between Gary's Mill Rd and Trillium Drive. The District intends to resurface its portion of Purnell Road in summer of 2026 and approached the City to determine interest in resurfacing the remaining portion of Purnell Road (~1,500 feet) between Trillium Drive and southern limits of the Trillium Farms Subdivision. The estimated cost of the City's portion is $145,500, of which $135,000 is for construction and $10,500 is for engineering. The final cost of the City's portion will be determined at the completion of the project. Under the proposed intergovernmental agreement (IGA), the City would participate in resurfacing approximately 1,500 feet of roadway at an estimated cost of $145,500. The 2025 Pavement Condition Index (PCI) study did not capture Purnell Road; however, staff recommends completing this work in coordination with the District's project to take advantage of economies of scale and avoid higher standalone costs in the future. This project was not specifically budgeted; however, there are enough savings available in fund 08-34-53-4225 to absorb this expense. ACTIONS PROPOSED: Approve Resolution No. 26-R-0037 authorizing the Mayor to execute an Intergovernmental Agreement between the Winfield Township Road District and the City of West Chicago for cost participation related to the Purnell Road Resurfacing Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0037 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE WINFIELD TOWNSHIP ROAD DISTRICT FOR THE PURNELL ROAD RESURFACING PROJECT 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 an Intergovernmental Agreement with the Winfield Township Road District for the Purnell Road Resurfacing Project, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Valeria Biggerstaff, Executive Office Manager ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE WINFIELD TOWNSHIP ROAD DISTRICT FOR COST PARTICIPATION IN THE RESURFACING OF PURNELL ROAD THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is made and entered into as of this _ day of _ _ _ _ _ 2026, by and between the City of West Chicago, an Illinois municipal corporation (hereinafter referred to as the "CITY"), and the Winfield Township Road District, a body corporate and politic (hereinafter referred to as the "DISTRICT"). The CITY and the DISTRICT may be referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the CITY and the DISTRICT each have statutory authority to construct, maintain, and improve public roadways within their respective jurisdictions; and WHEREAS, Purnell Road, between Gary's Mill Road and southern limits of the Trillium Farms Subdivision, is under the jurisdiction of the CITY, but provides access and benefit to residents and properties within the DISTRICT; and WHEREAS, Purnell Road, between the southern limits of the Trillium Farms Subdivision and Winfield Road, is under the jurisdiction of the DISTRICT, but provides access and benefit to residents and properties within the CITY; and WHEREAS, the DISTRICT intends to undertake a roadway resurfacing project on Purnell Road from Trillium Drive to Winfield Road (hereinafter referred to as the "PROJECT"); and WHEREAS, the CITY desires to participate financially in the portion of the PROJECT located between Trillium Drive and the southern limits of the Trillium Farms Subdivision; and WHEREAS the Parties are authorized to enter into intergovernmental agreements pursuant to Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. INCORPORATION OF RECITALS. l. l. The foregoing recitals are hereby incorporated into and made a part of this AGREEMENT. !GA - City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] 1.2. The headings of the paraerarhs and subparagraphs of this AGREEMENT are inserted for convenience of reference only and shall not be deemed to constitute part of this AGREEMENT or to affect the construction hereof. 2. PROJECT DESCRIPTION. 2.1. The PROJECT shall consist of the resurfacing of Purnell Road, including but not limit d to milling, hot-mix asphalt resurfacing pavement patching, aggregate shoulder removal and replacement, pavement markings and other appurtenant work (the "WORK'). 2.2. The PROJECT limits shall be as follows: • Total Project Limits: Purnell Road from Trillium Drive to Winfield Road. • CITY Participation Limits: Trillium Drive to the southern limits of the Trillium Farms Subdivision, approximately 1,500 lineal feet. • DISTRICT Participation Limits: Southern limits of the Trillium Farms Subdivision to Winfield Road, approximately 4, I 00 lineal feet. 2.3. Thomas Engineering Group, LLC ("TEG") shall perform engineering design and construction oversight services for the PROJECT. 3. RESPONSIBILITIES OF THE DISTRICT. 3.1. The DISTRICT shall serve as the lead agency for the PROJECT; 3.2. The DISTRICT shall be responsible for: • Coordination with TEG for engineering design and construction oversight; and • Preparation of plans, specifications, and cost estimates; and • Bidding and awarding of construction contracts; and • Construction administration, inspection, and supervision; and • Payment to contractors; and • Ensuring completion of the WORK. 3.3. The DISTRICT shall maintain records of all PROJECT costs and provide documentation to the CITY upon request. 3.4. Bid specifications issued by the DISTRICT pursuant to this AGREEMENT shall: 3.4.1. Require that the Contractor provide the DISTRICT with a certificate of insurance naming the CITY as an additional insured and an agreement to indemnify and out of the Contractor's performance, on the same terms and conditions as those provided to the DISTRICT; and IGA - City of West Chicago & Winfield Township Road District - Purnell Road flcsurfacing 2 I [' ,I ~ ,_, ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] 3 .4.2. Provide therein that the CITY is intended to be a third-party beneficiary of the contract, and that any terms establishing rights and authority in the DISTRICT shall also be deemed to extend to the CITY. 4. RESPONSIBILITIES OF THE CITY. 4.1. The CITY agrees to financially participate in the PROJECT for its designated portion. 4.2. The CITY shall cooperate with the DISTRICT and TEG in reviewing plans and coordinating municipal infrastructure considerations. 5. COST PARTICIPATION. 5.1. Estimated Costs: For purposes of budgeting and invoicing, the estimated construction cost for the PROJECT, based on an average twenty-four foot (24') wide pavement section and an approximate construction cost of $33.75 per square yard for the City's portion, and $26.25 per square yard for the District's portion, is as follows: • CITY Portion (1,500 LF): $135,000 (estimated construction cost) • DISTRICT Portion (4,100 LF): $287,000 (estimated construction cost) • Total Estimated Construction Cost: $422,000 The estimated engineering cost for the CITY's portion is $10,500. 5.2. The CITY shall be responsible for the actual construction costs associated with its portion of the PROJECT (approximately 1,500 lineal feet or 4,000 square yards), estimated at $135,000. 5.3. The CITY shall pay for engineering services provided by TEG for its portion of the PROJECT in an amount not to exceed $10,500. 5.4. The DISTRICT shall be responsible for all actual costs associated with its portion of the PROJECT (approximately 4,100 lineal feet or 10,933 square yards), estimated at $287,000, including its proportional share of engineering services. 5.5. Upon award of the construction contract for the PROJECT, the DISTRICT shall invoice the CITY for fifty percent (50%) of the CITY's estimated share of construction and engineering costs. The CITY agrees to remit such payment within sixty (60) days of receipt of said invoice. 5.6. Upon completion of the PROJECT, the DISTRICT shall submit a final invoice to the CITY reflecting actual costs incurred for the CITY's portion, less the amount previously IGA - City of West Chicago & Winfield Township Road District- Purnell Road Resurfacing ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] paid. The CITY shall remit final payment within sixty (60) days of receipt of a complete and accurate final invoice. 5.7. Any increase in the CITY's total cost participation beyond the amounts stated herein shall require prior written approval by the CITY. 6. INDEMNIFICATION. 6.1. To the extent permitted by law, the CITY agrees to indemnify, hold harmless and defend the DISTRICT, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the CITY'S negligence or willful acts, errors or omissions in its performance under this AGREEMENT. The CITY does not hereby waive any defenses or immunity available to it with respect to third parties. 6.2. To the extent permitted by law, the DISTRICT agrees to indemnify, hold harmless and defend the CITY, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the DISTRICT'S negligence or willful acts, errors or omissions in its performance under this AGREEMENT. The DISTRICT does not hereby waive any defenses or immunity available to it with respect to third parties. 6.3. The CITY and the DISTRICT acknowledge that neither party has made representations, assurances or guaranties regarding the other party's or any successor's or assign's authority and legal capacity to indemnify the other party as provided for in this AGREEMENT. In the event a court of competent jurisdiction holds that the CITY or DISTRICT, any successor or assign, is deemed to lack the lawful authority or ability to indemnify, defend or hold harmless the other party, or any person or entity claiming a right through either party, or in the event of change in the laws of the State of Illinois governing CITY'S, DISTRICT'S, or any successor's or assign's indemnification authority, such occurrence(s) shall not affect the validity and enforceability of the remainder of this AGREEMENT or the parties rights and obligations provided for therein. 6.4. Nothing contained herein shall be construed as prohibiting either party, its officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and -----------.......·:to tlr1lg1{i I s--parricipucion in its defense shalhrot_,,,'Tl'TT...,.,.~------ DISTRICT'S duty tu inut:11111ify, Jt:ft:11d, and hold the CITY ha1111lcss, as set forth above. The DISTRICT'S participation in its defense shall not remove CITY'S duty to indemnify, defend, and hold the DISTRICT harmless, as set forth above. IGA - City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] 6.5. Neither party waives, by these indemnity requirements, any defenses or protections under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS I 0/ I et seq.) or available to it, or to the other party, under the law. 6.6. Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. The CITY'S and DISTRICT'S indemnification under this Section shall terminate when the AGREEMENT is deemed null and void, by mutual agreement. 7. CONTRACTOR INSURANCE AND INDEMNIFICATION REQUIREMENTS; THIRD-PARTY BENEFICIARY. 7.1. The DISTRICT shall require, as a condition of awarding and performing the construction contract for the Project, that the Contractor procure and maintain, at its own expense, insurance coverage in types and amounts customary for public roadway construction projects and acceptable to the DISTRICT. Prior to commencement of any work, the Contractor shall furnish to the DISTRICT certificates of insurance evidencing such coverage. 7.2. Such certificates shall name the CITY, its officers, officials, employees, agents, and representatives as additional insureds on a primary and non-contributory basis, to the same extent and on the same terms and conditions as the DISTRICT is named as an additional insured. The Contractor's insurance shall include, at a minimum, commercial general liability, automobile liability, workers' compensation, and umbrella/excess liability coverage, as required by the DISTRICT. 7.3. The DISTRICT shall further require the Contractor, in its contract with the DISTRICT, to indemnify, defend, and hold harmless the CITY, its officers, officials, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from the performance of the Contractor's work under the contract, provided that any such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Contractor, its subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such indemnification obligations shall be on the same terms and conditions as those provided by the Contractor to the DISTRICT. 7.4. The parties expressly agree that the CITY is an intended third-party beneficiary of the contract between the DISTRICT and the Contractor. Accordingly, any provisions in such contract establishing rights, remedies, or authority in favor of the DISTRICT with respect to insurance, indemnification, defense obligations, or enforcement shall be deemed to also confer such rights, remedies, and authority upon the CITY, as if the CITY were expressly named therein. !GA- City of West Chicago & Winfield Township Road District - Purnell Road Resurfacing 5 j f' ,l :,.i. c ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] 8. GENERAL PROVISIONS. 8.1. The Parties agree to cooperate fully in the implementation of the PROJECT. 9. ENTIRE AGREEMENT. 9.1. This AGREEMENT constitutes the entire agreement between the Parties and supersedes all previous communications or understandings whether oral or written. 10. NOTICES. I 0.1. Any notice required here under shall be deemed properly given to the party to be notified at the time it is personally delivered or mailed by certified mail, return receipt requested, postage prepaid, or sent by confirmed facsimile, to the party's address. The address of each party is as specified below; either party may change its address for receiving notices by giving notices thereof in compliance with the terms of this subsection. CITY OF WEST CHICAGO 475 Main Street West Chicago, IL 60185 ATTN: Viviana Rameriz, Cily Adminislratur Phone: 630.231.2200 WINFIELD TOWNSHIP ROAD DISTRICT 30W575 Roosevelt Road West Chicago, IL 60185 ATTN: John S. Dusza, Highway Commissioner Phone: 630.231.8850 11. AMENDMENT. 11.1. This AGREEMENT may only be amended in writing. 12. ASSISGNMENT. . 11: ltatti5"C binding upon ami lmn'e'"ti their succt!ssurs an, IL 60185 service at the highest grade Thomas Engi1 eering Group, LLC. Lift Station #4 Site Improvements 2026 TOTAL TASK 1 TASK2 TASK 3 TASK4 TASKS CLASSIFICATION RATE HOURS HOURS HOURS HOURS HOURS HOURS SALARY PROJECT PR NCIPAL $ 90.00 2 2 2 6 $ 540.00 OPERATION~ SUPERVISOR $ 85.00 2 2 2 16 8 30 $ 2,550.00 TRAFFIC & S)1FETY ENGINEER $ 85.00 16 16 $ 1,360.00 PROJECT EN ~INEER $ 44.00 16 48 4 68 $ 2,992.00 CADDTECHN CAL MANAGER $ 58.40 16 54 70 $ 4,088.00 4 34 2 136 14 190 Assumotions SUBTOTAL DIRECT LABOR $ 11,530.00 Contract Aw. rd: June 2026 2.6 MULTIPLIER $ 29,978.00 601/o0 Preliminary Plans. August 2026 DIRECT COSTS $ Final Plans: ovember 2026 SUBCONSULTANTS $ 4,650.00 Bid Opening: January 2027 TOTAL Not to Exceed $ 34,628.00 ===== PDF PAGE 42 ===== [Extraction: embedded PDF text] EXHIBIT "B" Schedule of Services and Fees - Phase Ill Construction Engineering 5/27/2026 To: Rocky Horvath Utility Superintendent City of West Chicago 1400 Hawthorne Lane th~ l'!)OS engineering group West Chicago, IL 60185 service at 1ne nIgnes1 graae Thomas Engineering Group, LLC. Lift Station #4 Site Improvements 2027 TOTAL MARCH APRIL MAY JUNE CLASSIFICATION RATE HOURS HOURS HOURS HOURS HOURS SALARY PROJECT PRINCIPAL $ 90.00 2 2 $ 180.00 OPERATIONS SUPERVISOR $ 85.00 8 8 8 8 32 $ 2,720.00 RESIDENT ENGINEER $ 50.00 8 40 40 8 96 $ 4,800.00 SUPPORT STAFF $ 43.00 0 $ - 18 48 48 16 130 Assumptions: SUBTOTAL DIRECT LABOR $ 7,700.00 Construction Commencement: Spring 2027 2.6 MULTIPLIER $ 20,020.00 Substantial Completion: June 2027 DIRECT COSTS $ Final Closeout: July 2027 SUBCONSULTANTS $ ITOTAL Not to Exceed $ 20,020.00 ===== PDF PAGE 43 ===== [Extraction: embedded PDF text] rubinoENGINEERING INC. January 30, 2026 To: Kevin VanDeWoestyne, P.E., ENV SP Re: Proposal - Geotechnical Exploration Thomas Engineering Group, LLC Proposed Lift Station #4 Site P: 847.815.9500 Improvements in West Chicago, Illinois Proposal No. Q26.050g Via email: kevinv@thomas-engineering.com Dear Mr. VanDeWoestyne, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide geotechnical engineering services for the above referenced project. Rubino received a request for proposal from Kevin VanDeWoestyne, P.E., ENV SP of Thomas Engineering Group, LLC via email on January 27th, 2026. PROJECT UNDERSTANDING Rubino understands that Thomas Engineering Group, LLC is working with the City of West Chicago for the Lift Station #4 Improvements project. The anticipated site improvements include the installation of steel plate beam guardrail and posts along the northbound Joliet Street shoulder, traffic barrier terminals, and parking lot expansion. The lift station is located near the northeast corner of the intersection of Joliet Street and Wilson Street. Information received: • RFP email from Kevin VanDeWoestyne, P.E., ENV SP of Thomas Engineering Group, LLC on January 27th, 2026. • Project Location Picture - Included in RFP email (Shown Below) Rubino Engineering, Inc.• 425 Shepard Drive• Elgin, IL 60123 • 847-931-1555 • 847-931-1560 (Fax) ===== PDF PAGE 44 ===== [Extraction: embedded PDF text] Proposed Lift Station #4 Site Improvements in West Chicago, lllinois January 30, 2026 Rubino Proposal No. Q26.050g Page 2 of JI Field Services Scope of Services Summary Additional Scope discussion can be found in subsequent pages of this proposal Client Notification Needed prior to Please notify Rubino if this is needed upon project mobilization authorization Site Access Open site Field Equipment Proposed Core Machine, DCP and Hand Direct Push Boring Location Plan See below for aerial / KMZ Pavement Cores and DCP/Hand Direct Push: • Core through pavement and subbase Pavement and Soil Sampling and Purpose • 4 ft LB push + DCP below subbase stone 0 Log 0 Moisture content (In-House) 0 pH Testing IEPA Lab) Soil Sam ling Intervals DCP - Continuous Backfill Needs Bentonite Chips Patchina Cold Patch Site Protection or Restoration included None Groundwater Readings DurinQ SamplinQ CCDD 662 - soil grabs at each boring + pH Boring Depths To obtain data to evaluate subsurface conditions within the proposed developmenUconstruction areas. Rubino proposes the drilling scope of work as detailed below: ~ - ·-- NUMBER NUMBER OF OFDCP DEPTH SOIL CORES WITH TESTING AND HAND (FEET LOCATION CLASSIFICATION PAVEMENT METHOD DIRECT BEG*) METHOD THICKNESS PUSHES 2 2 3-4 Lif Station #4 DCP uses - CCDD Soil Sampling NuMBER SAMPLES FOR CCDD TARGET DEPTH LOCATIONS AND TESTING (FEET TESTING BEG*) 2 3 - 4 -~--662--------------------1- _grab at each boring location *BEG = below existing grade Should any of the information on which this proposal has been based, including as described above, be inconsistent with the planned construction, Rubino requests to be contacted immediately in order to make any necessary changes to this proposal and scope of work. SCOPE OF SERVICES DISCUSSION The following sections outline the scope of services developed based on the information provided by the client and the information listed above in order to provide a geotechnical exploration the Rubino Engineering, Inc. ===== PDF PAGE 45 ===== [Extraction: embedded PDF text] Proposed Lift Station #4 Site Improvements in West Chicago, Illinois January 30, 2026 Rubino Proposal No. Q26.050g Page 3 of I I planned project. The exploration vvill be performed in general accordance vvith both the requested proposal information and Rubino's current understanding of the project. Site Access Based on current site topography, surface conditions, and project discussions, Rubino anticipates that the project site will be accessible to pick-up truck with DCP testing with hand auger sampling equipment. Boring Locations The approximate proposed boring locations are shown below. Rubino recommends that the borings be located and surveyed for elevation by others prior to drilling. If the borings cannot be surveyed, Rubino will locate the borings in the field by measuring distances from known, fixed site features. DCP and Direct Push Sampling and Soil Classification Shallow borings will be performed with a direct push tooling, driven by a jackhammer through the corehole and an insitu strength profile will be obtained with a dynamic cone penetrometer (DCP). onngs Upon completion of drilling, the borings will be backfilled with bentonite chips and capped with similar asphalt cold patch. Some damage to ground surface may result from the drilling operations Rubino Engineering, Inc. ===== PDF PAGE 46 ===== [Extraction: embedded PDF text] Proposed Lift Station #4 Site Improvements in West Chicago, Illinois January 30, 2026 Rubino Proposal No. Q26.050g Page 4 of II near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the soil test borings is included. It should be noted that over time, some settlement may occur in the bore hole. If Rubino is requested to return to the site for the purpose of filling any bore holes that may have settled, additional time and material charges may apply. Geotechnical Laboratory Testing The soil samples obtained during the field exploration program will be transported to the laboratory for classification and a limited number of laboratory tests. The nature and extent of the laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend upon the subsurface conditions encountered during drilling. Laboratory testing will be performed in accordance with ASTM procedures and may include examination of selected samples to evaluate the soils' index properties and relative strength characteristics. Based on the proposed quantity of soil borings, anticipated depths, and project type, a list of the anticipated laboratory tests are summarized below. Estimated Laboratory Test Sample Type Quantity - Natural Moisture Content 4 Split spoon Atterberg Limits 0 - 1 Split spoon CCDD TESTING - LPC 662 ONLY Rubino will obtain a "Potential Impacted Property" (PIP) evaluation of the area near the proposed improvements. If the PIP evaluation indicates no further testing is needed for form LPC-662, Rubino will composite soil samples from each borehole for soil analytical testing in general compliance with the IEPA CCDD requirements. • PIP Evaluation (Historical & Regulatory) o 1 Eris Report • Soil Analytical Tests: o pH (2 total tests) • P.E. Certification (LPG #662) • LPC-662 CCDD Certification, as applicable Please note that CCDD certification requirements vary depending on the dump site. The above scope should be reviewed by the proposed dump site to determine compliance with the site's specific requirements. Rubino Engineering, Inc. ===== PDF PAGE 47 ===== [Extraction: embedded PDF text] Proposed Lift Slation #4 Site Improvements in Wes/ Chicago, Illinois January 30, 2026 Rubino Proposal No. Q26.050g Page 5 of fl GEO REPORT Upon completion of field and laboratory work, Rubino will prepare a geotechnical engineering report using the collected data. The geo report will include the following: • Summary of client-provided project information and report basis • Overview of encountered subsurface conditions • Overview of field and laboratory tests performed including results • Summary table of encountered pavement and subbase stone thickness with photo documentation • Geotechnical recommendations pertaining to: • Subgrade preparation and cut I fill recommendations for parking lot • Construction considerations, including temporary excavation and construction control of water An electronic copy of the report will be provided. The report will be addressed to Thomas Engineering Group, LLC. PROJECT SCHEDULE Rubino proposes to initiate work on this project within 5 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Numlil:er ef W~rkirrg Days Utility clearance and mobilization 5-10 Field work includin site l~}'OUt and sar:!!Pling_ 2 Geo Laboratory Testing 5-10 CCDD Lab TestiQ_g_ 8-12 CCDD and Geo Re ortin 5 - 10 Project schedules can be affected by weather conditions and changes in scope. If the report needs to be delivered by a specific day, please notify us as soon as possible. Preliminary verbal recommendations can be made to appropriate parties upon completion of the field investigation and laboratory testing. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing the drill rig. UTILITY LOCATE AND OUTSIDE SERVICES Rubino will coordinate contacting the Utility "One-Call" for public utility clearance prior to the start of drilling activities. It is Rubino's experience that this service does not mark the locations of privately owned utilities. This proposal is based on privately owned utility locates being coordinated by the owner prior to drill rig mobilization. FEES Rubino proposes to charge the fee for performance of the outlined scope of services on a lump- sum basis. Based on the scope of services outlined above, the lump-sum fee will be: Rubino Engineering, Inc. ===== PDF PAGE 48 ===== [Extraction: embedded PDF text] Proposed Lift Station #4 Site Improvements in West Chicago, Illinois January 30, 2026 Rubino Proposal No, Q26.050g Page 6 of/I Boring Layout / Utility / PM $ 850.00 Lump sum Subsurface Exploration Mobilization, Coring, DCP, and Direct Push $1,200.00 Lump sum Lab Geotechnical Lab Tests as described above $ 100.00 Lump sum Reporting Preparation of the Geotechnical Report $1,250.00 Lump sum CCDD 662 Lab pH testing at IEPA accredited lab ($25 each) $ 50.00 Lump sum CCDD662 PIP Evaluation and LPC Form 662: $1,200.00 Lump sum $4,SSD 00 Grad' Tota1 Please see the attached fee schedule for additional unit rates for services requested after issuing the geotechnical report (drawing/ spec review, scope or site layout change, etc.). Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Rock coring is not included in the scope of this exploration, therefore, the character and continuity of refusal materials, if encountered, can be determined only with a more comprehensive scope of services. Therefore, the borings will be advanced to the depths referenced above, or to refusal, whichever is shallower. Boring, sampling and testing requirements are a function of the subsurface conditions encountered. The proposed lump-sum fee is based on the existence of adequate bearing materials being encountered within the proposed boring depths. Should conditions be encountered which require a deepening of borings or additional investigation, Rubino will notify you to discuss modifying the outlined scope of services. Additional work beyond the lump-sum fee will not be performed without your prior authorization. AUTHORIZATION If this proposal is acceptable to you, Rubino will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. Rubino will proceed with the work upon receipt of authorization. Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact Rubino with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. Michelle A. Lipinski, PE Rubino Engineering, Inc. ===== PDF PAGE 49 ===== [Extraction: embedded PDF text] Proposed lift Station #4 Site Improvements in West Chicago, Illinois January 30, 2026 Rubino Proposal No. Q26.050g Page 7 of I 1 President Pmject Manager michelle. lipinski@rubinoeng.com anthony@rubinoeng.com Prepared By: Jonathan lgnarski, jonathan@rubinoeng.com Reviewed By: Anthony Tomaras, PG anthony@rubinoenq.com RUBINO ENGINEERING, INC. IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE-CERTIFIED (100% WOMAN-OWNED) MAL/file Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions **This is an electronic copy. Hard Copies of this proposal are available upon request. Rubino Engineering, Inc. ===== PDF PAGE 50 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 26-R-0051 - Intergovernmental Agreement - County of DuPage - Ray Avenue Drainage Improvement Proiect COMMITTEE AGENDA DATE: July 2, 2026 J COUNCIL AGENDA DATE: July 20, 2026 STAFF REVIEW: Mehul T. Patel, P.E., Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE _________ _ ITEM SUMMARY: The County of DuPage (County) proposes to undertake a project to replace an existing storm sewer, generally located along the rights of way of James Avenue and Ray Avenue owned by the CITY and/or Winfield Township, with portions also being on private residential property, within unincorporated Winfield Township and the City of West Chicago. The project is commonly referred to as the Ray Avenue Drainage Improvement Project (Project). Generally, the Project will involve replacement of existing 6" storm sewer, soil stabilization, and associated vegetative restoration. The Project work is part of the County's Residential Drainage Assistance Program that addresses drainage issues in unincorporated DuPage County. The Project is entirely funded by the County and is scheduled to commence around July 2026 with an anticipated completion in December 2026. The entire drainage improvements will be maintained by the County. The improvements on City property are within the Ray Avenue right-of-way, west of Oak Avenue, and will include replacement of the existing 6" storm sewer in the right of way and associated turf grass restoration. The proposed work within the City's Ray Ave right-of-way will be permitted in accordance with the terms of the Intergovernmental Agreement (IGA) and through the right-of-way permit process. The IGA was approved by the County's Stormwater Committee on June 2, 2026, and County Board on June 9, 2026. The IGA terms have been reviewed by City's legal counsel and plans have been reviewed by Public Works staff. All comments have been satisfactorily addressed. Staff recommend approval of the IGA. ACTIONS PROPOSED: Approve Resolution No. 26-R-0051 authorizing the Mayor to execute an Intergovernmental Agreement between the County of DuPage and the City of West Chicago for Ray Avenue Drainage Improvement Project. COMMITTEE RECOMMENDATION: ===== PDF PAGE 51 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0051 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF DUP AGE FOR THE RAY A VENUE DRAINAGE IMPROVEMENT PROJECT 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 an Intergovernmental Agreement with the County of DuPage for the Ray Ave Drainage Improvement Project, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Valeria Biggerstaff, Executive Office Manager ===== PDF PAGE 52 ===== [Extraction: embedded PDF text] Stormwater Management Resolution 421 N. COUNTYROAD FARM WHEATON; IL 60187 www.dupagecounty.gov File#: SM-R-0006-26 Agenda Date: 6/2/2026 Agenda#: 19.B. fNTERGOVERNMENTALAGREEMENTBETWEEN THE CITY OF WEST CHICAGO AND THE COUNTY OF DUPAGE FOR THE RAY A VENUE DRAINAGE IMPROVEMENT PROJECT WHEREAS, the CITY OF WEST CHICAGO (hereinafter the "CITY") and the COUNTY OF DUPAGE (hereinafter the "COUNTY") are public agencies within the meaning of the Illinois "Intergovernmental Cooperation Act," and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and WHEREAS, the purposes of the "Intergovernmental Cooperation Act" and Article 7 of the Constitution of the State of lIJinois include fostering cooperation among government bodies; and WHEREAS, the Illinois General Assembly has granted the COUNTY authority to take action to control flooding, manage storrnwater runoff and improve drainage throughout the COUNTY'S territory and to enter into agreements for the aforesaid purposes (Illinois Compiled Statutes, Chapter 55 paragraphs 5/5-1062.3 and 5/5-1500 I fil. ~-); and WHEREAS, pursuant to said authority, the COUNTY now seeks to undertake a project to replace an existing storm sewer, generally located along the rights of way of James Avenue and Ray Avenue within unincorporated Winfield Township and the City of West Chicago, owned by the CITY and/or Winfield Township, with portions also on private residential property (hereinafter referred to as the "PROJECT"); and WHEREAS, the COUNTY and the CITY have each determined that the construction of the PROJECT will benefit local citizens by improving drainage and reducing the occurrence of localized flooding within the PROJECT area; and WHEREAS, the COUNTY and CITY desire to cooperatively implement the PROJECT for the purposes of stormwater management, flood control, and improving recreational opportunities and transportation options for DuPage County residents; and WHEREAS, the CITY has determined that it is reasonable, necessary and in the public interest and welfare to authorize the COUNTY's entry onto and use of CITY property and/or right-of-way for construction of the PROJECT; and WHEREAS, the COUNTY and ClTY have therefore negotiated the attached Intergovernmental Agreement setting forth the COUNTY's and C[TY's rights and obligations relative to the PROJECT. Page 1 of 2 ===== PDF PAGE 53 ===== [Extraction: embedded PDF text] File#: SM-R-0006-26 Agenda Date: 6/2/2026 Agenda#: 19.B. NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached INTERGOVERNMENTAL AGREEMENT between the COUNTY and the CITY is hereby accepted and approved; and that the Chair of the DuPage County Board is hereby authorized and directed to execute the AGREEMENT on behalf of the COUNTY. BE IT FURTHER RESOLVED that the DuPage County Clerk be directed to transmit certified copies of this Resolution and the attached AGREEMENT to the City of West Chicago, 4 75 Main Street, West Chicago, IL, by and through the Stormwater Management Department. Enacted and approved this 9th of June, 2026 at Wheaton, Illinois. DEBORAH A. CONROY, CHAIR DU PAGE COUNTY BOARD Page 2 of 2 ===== PDF PAGE 54 ===== [Extraction: embedded PDF text] AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE COUNTY OF DU PAGE, FOR THE RAY A VENUE DRAINAGE IMPROVEMENT PROJECT THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is made and entered into this 9th day of June, 2026, by and between the City of West Chicago, a body politic and corporate (hereinafter referred to as the "CITY") with offices at 475 Main Street, West Chicago, IL 60 I 85, and the County of DuPage, a body politic and corporate (hereinafter referred to as the "COUNTY") with offices at 421 N. County Farm Road, Wheaton, Illinois 60187. The CITY and COUNTY are hereinafter sometimes individually referred to as a "party" or together as the "parties." RECITALS: WHEREAS, the CITY and COUNTY are each public agencies within the meaning of the Intergovernmental Cooperation Act, as set forth in 5 ILCS 220/1 et. seq.; and WHEREAS, Article VII, Section I 0, of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act authorize units of local government to enter into intergovernmental agreements pertaining to intergovernmental activities; and WHEREAS, the Illinois General Assembly has granted the COUNTY authority to construct storm water facilities and to enter into agreements for the purposes of constructing stormwater facilities (Illinois Compiled Statutes Chapter 55, paragraphs 5-1062.3, and 5-15001 et. seq.); and WHEREAS, pursuant to said authority, the COUNTY has sought to undertake a project to replace an existing storm sewer, generally located along the rights of way of James A venue and Ray Avenue owned by the CITY and/or Winfield Township, with portions also on private residential property, within ta unincorporated Winfield Township and the City of West Chicago (herein referred to as the "PROJECT"); and WHEREAS, the improvements on CITY property are within the Ray Avenue right-of-way, west of Oak A venue, and will include replacement of the existing 6" storm sewer in the right of way and associated turf grass restoration; and WHEREAS, the CITY has determined that it is reasonable, necessary and in the public interest and welfare to authorize the COUNTY's entry onto and use of CITY right-of-way at the locations shown on Exhibit A and more specifically defined herein; and WHEREAS, the Parties desire to cooperatively implement the PROJECT for the purposes of stormwater management, flood control, and improving recreational opportunities and transportation options for DuPage County residents; and ===== PDF PAGE 55 ===== [Extraction: embedded PDF text] WHEREAS, the COUNTY and the CITY have each determined that the construction of the PROJECT'S drainage components will benefit local citizens by improving drainage and reducing the occurrence of localized flooding within the project area; and WHEREAS, it is necessary to further identify and establish the responsibilities of the Parties with respect to the PROJECT and the PROJECT'S components; and WHEREAS, the PROJECT will be undertaken in accordance with the following Intergovernmental Agreement, with the COUNTY's authority to use said properties for the PROJECT'S constrnction being granted by said Agreement; and NOW, THEREFORE, in consideration of the promises, terms and conditions set forth herein, and in the spirit of intergovernmental cooperation, the Parties agree that: 1.0 INCORPORATION OF RECITALS 1.1 The recitals set forth above are incorporated herein and made a part hereof. 2.0 SCOPE OF PROJECT 2.1 The PROJECT shall be located within and adjacent to the Ray Avenue right-of-way as shown on the project location map depicted in Exhibit A (sometimes referred to herein as the "PROJECT AREA"). Generally, the PROJECT will involve replacement of 6" storm sewer, soil stabilization, and associated vegetative restoration. The PROJECT work is part of the COUNTY'S Residential Drainage Assistance Program that addresses drainage issues in unincorporated DuPage County. The Parties have agreed that the PROJECT work shall be performed as depicted and described in the plan drawings prepared by DuPage County Stonnwater Management. The Final Plan shall be deemed incorporated herein by reference but without attaching said document hereto due to its size. 2.2 The COUNTY intends to begin construction of the PROJECT on or around July 2026, with final completion on or before December 31, 2026. 2.3 The Parties agree that the PROJECT work shall be consistent with the terms and conditions of each and every permit and, or, approval issued hy any regulatory authority having jurisdiction over the PROJECT. 2 ===== PDF PAGE 56 ===== [Extraction: embedded PDF text] 3.0 PROJECT FUNDING AND CONTINGENCIES 3. l The COUNTY shall pay all expenses and costs necessary to design, permit, construct and implement the PROJECT. 3.2 Both parties agree that, in the best interest of the PROJECT, no application or review fees will be charged by the CITY or COUNTY from the other. Any costs incurred for permits, bonds, easements preparation, recordings, or costs exceeding fourteen thousand, nine hundred and ninety nine dollars ($14,999.00) will require authorization from the DuPage County Stormwater Committee and are not guaranteed. Only those costs that are in line with and approved by the County's Stormwater Program/Department will be authorized. 3.3 The COUNTY's obligation to commence the PROJECT is contingent upon the COUNTY obtaining the appropriate legal authority to access and, or, use, or own, several privately owned parcels within the PROJECT AREA (specifically, residential parcels along James Avenue and Ray Avenue). In the event the COUNTY timely acquires the property interest(s) deemed necessary to perform PROJECT work, the COUNTY shall thereupon commence the PROJECT work described in Article 2, above, and more completely depicted and described in the Final Plan. However, in the event the COUNTY fails to timely obtain the appropriate legal authority to access and, or, use, or own, the privately owned parcels, the COUNTY reserves the right to cancel the PROJECT and this AGREEMENT in their entirety. 4.0 COUNTY'S RIGHTS AND RESPONSIBILITIES 4.1 At no cost to the CITY, the COUNTY shall complete the design of the PROJECT, including all plan sets, drawings, specifications, and cost estimates necessary to permit the PROJECT. The CITY may review and issue comments to the COUNTY regarding the PROJECT within ten (I 0) business days of receipt thereof. The COUNTY agrees to cooperate with the CITY regarding proposed changes, alterations, or modifications to the PROJECT including, but not limited to any proposed bidding addenda, field adjustments, or change orders, by providing reasonable advance notification and opportunity for review, comment, and concurrence, which concurrence and/or approval shall not be unreasonably withheld, conditioned, delayed or denied by the CITY. The COUNTY at the conclusion of the PROJECT, shall submit as-built record drawings to the CITY. 3 ===== PDF PAGE 57 ===== [Extraction: embedded PDF text] 4.2 The COUNTY shall comply with all applicable federal, state, and local laws, rules, and regulations with regard to every phase of the PROJECT, including the following: 4.2.1 The COUNTY shall obtain all necessary federal, state, and local permits or other approvals required for the construction of the PROJECT and shall provide copies of said permits and approval to the Parties upon request. 4.2.2 Securing any permissions, easements, or other agreements necessary to perform design and construction activities for the portions of the PROJECT that occur outside of the aforementioned public rights-of-way. Any costs incurred exceeding fourteen thousand, nine hundred and ninety nine dollars ($14,999.00) will require authorization from the DuPage County Stormwater Committee and are not guaranteed. Only those costs that are in line with the County's Sto1n1water Program will be authorized. 4.2.3 The COUNTY shall require any contractor hired to perform PROJECT-related work to comply with the Prevailing Wage Act, and the Illinois Human Rights Acts. 4.3 The COUNTY, at its sole discretion, shall endeavor to perform all PROJECT work using in-house personnel qualified to perform such work. 4.4 If the COUNTY elects to utilize third party contractors for the PROJECT, the COUNTY shall bear all expenses associated with advertising the contract(s) for bid, the bid award, and any other administrative or associated construction-related contracting costs. The COUNTY may select professional service providers, including, but not limited to, those that may be related to field surveying, resident engineering, materials testing, and vegetation management, including the preparation of any monitoring and management reports that may be required by the permitting agencies prior to final project completion and permit close-out in accordance with the COUNTY'S own procurement procedures. 4.5 If the COUNTY elects to hire a CONSULTANT or CONTRACTOR to complete the PROJECT, then before beginning any PROJECT work, the COUNTY shall require each of its contractors and/or consultants (including their sub-contractors) to obtain the following minimum insurance coverage, which shall be maintained in force until the COUNTY has furnished the Parties with a letter certifying that all construction and restoration work has been completed: 4.4.1 Workers' Compensation Insurance with limits as required by the applicable statutes of the State of lllinois. 4 ===== PDF PAGE 58 ===== [Extraction: embedded PDF text] 4.4.2 Employer's Liability Insurance with limits of not less than one million dollars ($1,000,000.00) each accident/injury; on~ million dollars ($1,000,000.00) each employee/disease. 4.4.3 Commercial General Liability Insurance with limits of not less than one million dollars ($2,000,000.00) per occurrence bodily injury/ property damage combined single limit; two million dollars ($2,000,000.00) aggregate bodily injury/property damage combined single limit. The policy of Commercial General Liability Insurance shall provide "occurrence" based coverage and shall include: (i) an endorsement naming the Parties as an additional insureds; (ii) a waiver of subrogation; and (iii) a statement or certification that said insurance coverage is primary and non-contributory to the additional insured. The Commercial General Liability policy shall include, but not be limited to, the following: (a) premises/operations coverage; (b) products/completed operations coverage; (c) contractual liability; (d) personal injury coverage; (e) broad fonn property damage coverage; (t) explosion, collapse, and underground coverage; and (g) independent contractor liability coverage. 4.4.4 Comprehensive Motor Vehicle Liability Insurance with limits of not less than one million dollars ($1,000,000.00) each accident bodily injury/property damage combined single limit. 4.4.5 Umbrella/excess liability insurance shall be in force for a minimum limit of four million dollars ($4,000,000) per each occurrence bodily injury/property damage combined single limit. The umbrella coverage shall apply in excess above the limits stated in subparagraphs 4.4.3 and 4.4.4 above. The foregoing insurance coverage shall be provided by companies authorized to transact business in the State of Illinois and acceptable to and approved by the Parties. The 5 ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] COUNTY shall provide the Parties with a Certificate of Insurance for each of the coverage(s) specified above and, if requested, copies of the policies or endorsements issued by the insurers. Each certificate and/or policy endorsement shall provide that no cancellation or modification of the policy will occur without at least thirty (30) days' prior written notice to the Parties. The COUNTY shall not allow any contractor, or consultant, to commence work on the PROJECT until all the insurance coverage required under this paragraph have been obtained and satisfactory evidence thereof has been furnished in writing to the Parties. Each contract between the COUNTY and a contractor and, or consultant performing work on the PROJECT shall provide that each of the Parties is intended as a third-party beneficiary of the insurance obligation that is required of the contractor, or consultant, under this paragraph. Each party may require, as part of their pre-bid comments, that any COUNTY-hired vendor performing work on their property, or right-of-way, maintain insurance coverage in higher amounts and, or, that such coverage include specific endorsements. 4.6 The COUNTY agrees to cooperate with the CITY regarding any proposed changes, alterations, or modifications to the PROJECT, including, but not limited to any proposed bidding addenda, field adjustments, or change orders. To the extent that said changes, alterations or modifications affects another Party's costs, use of its property and, or, future maintenance requirements, the affected Party shall be given reasonable advance notification and opportunity for review, comment, and concurrence prior to implementing such changes, alterations, or modifications to the PROJECT documents. No Party shall unreasonably withhold, condition, delay or deny a request made by another Party. Minor plan revisions which become necessary due to any field conditions may be made without the other Parties' review, comment, and concurrence, provided that notice of such changes must be provided as soon as practicable, but in no event later than one (1) business day following the commencement of any such minor plan revision. 4.7 The COUNTY shall confine all construction activities, including temporary staging areas and equipment access routes on CITY property, to those areas as agreed to by the CITY and COUNTY. The COUNTY shall be responsible for restoring any and all property of the CITY located outside of the PROJECT AREA that is disturbed during the course of construction to the satisfaction of the affected Party. 4.8 The COUNTY shall be responsible for any day-to-day construction and inspection of the construction work on the PROJECT. The CITY shall have the right to monitor the work for the purpose of ensuring that the work occurring on its respective property conforms to 6 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] the approved Final Plan. Should the CITY determine that any work being performed on the PROJECT is not proceeding in accordance with approved Final Plan, the CITY shall notify the COUNTY in writing of such failure. The COUNTY shall be responsible for causing the improper work to be adjusted so as to comply with approved Final Plan. 4.9 During construction of the PROJECT, the COUNTY shall prohibit public access to the various construction sites and provide for the general security of the active PROJECT AREA, including the prevention of dumping, by taking appropriate measures such as signage, barricades, and temporary fencing, where appropriate. 4.10 The COUNTY shall require itself and its contractor(s) and, or, consultant(s) to assume sole responsibility for the safety of all persons involved in the construction of the PROJECT and to take such measures as are necessary to ensure that the work site is maintained in a reasonably safe condition, which shall include the installation of appropriate barricades and warning signs. 4.11 Following the construction activities, the COUNTY shall be responsible for establishing the landscaping restoration conditions depicted in the Final Plan. Such work shall include seeding and erosion control measures on the CITY property for a one (1) year term following the completion of the construction activities, unless final permit sign-off occurs sooner. More specifically, the CITY agrees that such restoration work shall be performed as depicted and described in the plan drawings of the Final Plan, and such amendments and addendum thereto that may be approved by the COUNTY and CITY. 4.12 During the Restoration Component work on CITY right of way, the COUNTY shall be responsible for scheduling and coordinating an annual joint field inspection of the PROJECT' s restoration with appropriate staff representatives from each of those Parties. The COUNTY shall document the results of said field inspections, which shall include descriptions of any noted PROJECT deficiencies, recommended corrective actions, and identify the party designated for proper and timely response. 4.13 The COUNTY shall give notice(s) to the CITY of the date(s) for a final inspection of the PROJECT'S construction work following completion thereof. The CITY shall have thirty (30) calendar days from the receipt of said notice to conduct their final inspections of the completed site or phase and issue its approval or rejection, as circumstances warrant, for the work completed on their respective properties. In the event that the CITY determines that work on their property does not conform to the Final Plan, the CITY shall give notice within the thirty (30) day period of any defects or deficiencies thereof. Said notice shall describe, in detail, the work not performed according to the Final Plan and shall also set 7 ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] out the CITY's recommendations for any corrective work it deems necessary. Even after the CITY has found each of the PROJECT work to have been satisfactorily completed, the COUNTY shall remain responsible for conditional compliance with all applicable outstanding permits until such time as the issuing agency signs-off on the PROJECT, or any particular PROJECT component, as applicable. During this time the CITY shall take no action that causes the PROJECT to fail regulatory acceptance. Should the CITY fail to timely notify the COUNTY of any nonconforming work, defects or deficiencies, the CITY shall be deemed to have approved and accepted that PROJECT work. 4.14 The COUNTY shall bear its own expenses related to the use of its employees or consultants for any review, site inspections, meeting attendance or the preparation and issuance of any comments provided for in this AGREEMENT. 4.15 The COUNTY shall be permanently responsible for operating and maintaining the integrity of the 6" storm sewer associated with the project, without regard to the jurisdictional status of the underlaying land. 4.16 The COUNTY shall acknowledge the CITY in any publications resulting from work achieved in conjunction with this PROJECT. 5.0 CITY RIGHTS AND RESPONSIBILITIES 5 .1 The CITY may review and issue comments to the COUNTY regarding the Final Plan and may attend any pre-bid meeting, construction progress meetings or site visits conducted by the COUNTY. 5.2 The CITY agrees to cooperate with the COUNTY regarding any significant proposed changes, alterations, or modifications to the Final Plan including, but not limited to any proposed bidding addenda, field adjustments, or change orders, to the extent that said changes, alterations or modifications affects the COUNTY's costs, use of its property and, or, future maintenance requirements, by providing reasonably prompt review, comment, and concurrence, which shall not be umeasonably withheld, conditioned, delayed or denied by the CITY. 5.3 The CITY hereby grants the COUNTY'S employees, consultant(s) and contractor(s) permission to enter upon any CITY property either: (i) as depicted as the PROJECT AREA on Exhibit A, or (ii) as otherwise may be reasonably necessary to achieve the PROJECT's objectives, at no cost to the COUNTY. The CITY shall grant to the COUNTY at no cost the authority to access and undertake PROJECT-related activities, 8 ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] including but not limited to construction, construction management, grading, excavation, filling, vegetative plantings, site restoration, monitoring and testing, throughout the PROJECT AREA lying on CITY property. Except for work, inspections, and monitoring conducted pursuant to this AGREEMENT by CITY officials, agents, and/or employees, the CITY shall not be responsible for the means, methods, techniques, or procedures with respect to the construction of the PROJECT, nor for the safety of any other persons performing work on CITY property. 5.4 The CITY shall have the right to monitor the work in the PROJECT AREA for the purpose of insuring that the work conforms to the approved Final Plan and conditions of this AGREEMENT. 5.5 The CITY shall grant to the COUNTY, at no cost to the COUNTY, permission to maintain the 6" storm sewer in the Ray Avenue right of way, installed in accordance with the PROJECT documents. 5.6 The CITY shall operate and maintain, in its entirety, all right of way swales and appurtenances thereto (signs, markings, etc.), restored as part of the PROJECT, after the site has been satisfactorily constructed by the COUNTY and accepted by the CITY. For the purpose of this AGREEMENT, the CITY's restored improvements will be deemed to have been satisfactorily completed when final regulatory approval for said restoration(s) has been provided in writing from all appropriate regulatory authorities. The COUNTY shall only be responsible for the storm sewer underground, installed during the course of the PROJECT. 5.7 Unless directly and proximately caused by any acts or omissions of the CITY, the CITY shall not be liable for any damage to or loss of any storm sewer facility constructed pursuant to this AGREEMENT and located within the public ways of the CITY as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the CITY. Notwithstanding the foregoing, in the event that the CITY is performing work within the PROJECT AREA as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the CITY, the CITY shall notify the COUNTY of the proximity to such installation and the COUNTY shall have the right to have a representative present during such work. The CITY shall provide appropriate staff representative(s), 9 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] or consultant(s), to attend the final inspection of the PROJECT, and any annual field inspections, as scheduled and coordinated by the COUNTY. The COUNTY shall, in an appropriate and timely manner, properly address and correct any noted PROJECT deficiencies that are determined to exist in any part or component of the PROJECT. 5.8 The ClTY shall bear its own expenses related to the use of its employees or consultants for any review, site inspections, meeting attendance or the preparation and issuance of any comments provided for in this AGREEMENT. 5.9 The CITY shall acknowledge the COUNTY in any publications resulting from work achieved in conjunction with this PROJECT. 5. 10 Upon PROJECT completion, the CITY shall be responsible for permanently maintaining all improvements outside of the PROJECT's scope. 6.0 INDEMNIFICATION 6.1 Each party to this AGREEMENT shall require that any third party vendor, consultant or contractor hired to do work on the PROJECT shall agree to defend, save, indemnify, keep and hold hannless the other parties, and all of their officers, elected officials, servants, agents and employees from all liabilities, damages, suits, costs and expenses in law or equity, including costs of suit, expenses for legal services and defense and judgments and settlements that may at any time arise or be claimed by any person, including the agents, servants and employees of the parties, for personal injury, death or property damage or any and all other claims or suits of any nature whatsoever that might arise or result, directly or indirectly, from the negligent acts or omissions, or the intentional acts of the third party related to its work on the PROJECT. All contracts entered into by each party to this AGREEMENT with any third-party vendor, consultant or contractor shall include a provision specifically naming the other parties as third-party beneficiaries of the hold harmless and indemnification to be provided by the third-party vendor, consultant, or contractor under this paragraph. 6.2 Pursuant to the authority conferred by Article VII of the Local Governmental and Governmental Employee Tort Immunity Act, each party to this AGREEMENT (as indemnitor) shall defend, save, indemnify, keep and hold harmless the other party (as indemnitee) and all of their officers, elected otlicials, servants, agents and employees from all liabilities, damages, suits, costs and expenses in law or equity, including costs of suit, expenses for legal services and defenses and settlements and judgments that may at 10 ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] any time arise or be claimed by any person, including the agents, servants and employees of the indemnitor or indemnitee, for personal injury, death or property damage or any and all other claims or suits of any nature whatsoever that may arise or result, directly or indirectly, or in any manner connected with the indemnitor's rights, responsibilities or actions under this AGREEMENT, when caused by an act or omission to act on the part of the indemnitor, its officers, agents, or employees, that allegedly constitutes, without limitation, negligence, creation or maintenance of a dangerous condition on public property, or intentional infliction of harm. The parties agree that, notwithstanding the language above, no party waives, by these indemnity requirements, any defenses or protections under the Local Government and Governmental Employees Tort Liability Act (745 ILCS 10/1 et seq.), or otherwise available to it, or available to the other parties under the law, and that there shall be no obligation to indemnify whenever a party has a defense or protection to a claim under the Local Government and Governmental Employees Tort Liability Act or common law. 6.3 Each Party to this AGREEMENT shall require that any third-party consultant or contractor that Party hires to do work on the PROJECT shall maintain minimum insurance coverage, in the same amounts and same coverage types as the insurance coverage required of COUNTY-hired contractors enumerated in Paragraph 4.4, above. Such insurance coverage shall identify the other Parties to this AGREEMENT as additional co-insured Parties. Each Party agrees to provide to the other Parties, or make reasonably available for inspection, copies of the certificates of insurance and required endorsements provided by each Party's respective third-party consultant(s) or contractor(s) and sub-consultant(s) and sub-contractor(s). 6.4 Nothing contained herein shall be construed as prohibiting any Party to this AGREEMENT, or its officials, directors, officers, and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings, and actions brought against them. The Parties acknowledge that the attorney representing the COUNTY, under these provisions must be the State's Attorney, as mandated by Illinois state law. The COUNTY'S participation in its defense shall not remove the indemnitors' duty to indemnify, defend, and hold the COUNTY harmless, as set forth above. 11 ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] 7.0 NOTICES 7.1 All notices required to be given under the terms of this AGREEMENT shall be in writing and either: (a) served personally during regular business hours; (b) served by electronic mail (e-mail) during regular business hours; or (c) served by certified or registered mail, return receipt requested, properly addressed with the postage prepaid and deposited in the United States mail. Notices served upon the CITY shall be directed to the Director of Public Works, City of West Chicago, 475 Main Street, West Chicago, IL 60185. Notices served upon the COUNTY shall be directed to the Director, Storrnwater Management Department, County of DuPage, 421 N. County Farm Road, Wheaton, IL 60187 and DuPage County State's Attorney's Office, Attn: Civil Bureau, 505 N. County Farm Road, Wheaton, IL 60187. Notices served personally or by e-mail shall be effective upon receipt, and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. 8.0 SEVERABILITY 8.1 In the event any provision of this AGREEMENT is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not invalidate or render unenforceable any other provision of this AGREEMENT, providing that the spirit and intent of this AGREEMENT can be given effect. 9.0 ENTIRE AGREEMENT The provisions set forth herein represent the entire agreement between the parties and supersede any previous oral or written negotiations and agreements. In event of a conflict between the terms or conditions or this AGREEMENT and any term or condition found in any exhibit or attachment, the terms and conditions of this AGREEMENT shall prevail. 10.0 NO THIRD-PARTY BENEFICIARIES I 0.1 The Parties expressly agree that enforcement of the terms and conditions of this AGREEMENT, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this AGREEMENT shall give or allow any 12 ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] such claim or right of action by any other or third person on such AGREEMENT, including, but not limited to, contractors, subcontractors, consultants, subconsultants, and suppliers. The Parties expressly intend that any person other than the Parties who receives services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 11.0 MISCELLANEOUS TERMS 1 l.l This AGREEMENT shall be executed in duplicate, and each party shall retain a fully executed copy, each of which shall be deemed an original. Each Party represents that it holds the authority to enter into this AGREEl\tlENT and undertake the duties and obligations contemplated by this AGREEl\tlENT and that it has taken or caused to be taken all necessary action to authorize the execution and delivery of this AGREEMENT. 11.2 This AGREEMENT shall be governed by the laws of the State of Illinois as to both I interpretation and performance. The forum for resolving any disputes concerning the parties' respective performance, or failure to perform, under this AGREEMENT, shall be the Eighteenth Judicial Circuit Court for DuPage County. 11.3 This AGREEMENT may be amended or modified only by written instrument duly approved and signed by both parties to the AGREEMENT. Neither Party may assign this AGREEMENT, nor any obligations imposed hereunder, without the prior written consent of the other Party. 11.4 This AGREEMENT shall not be construed in such a way that the COUNTY or the CITY is or deemed to be the representative, agent, employee, partner, or joint venture of the other. Neither Party shall have the authority to enter into any agreement, nor to assume any liability, on behalf of the other Party, nor to bind or commit the other Party in any manner, except as expressly provided herein or otherwise agreed in writing. 11.5 No course of dealing or failure of any party to enforce strictly any term, right, or condition of this AGREEMENT shall be construed as a waiver of such term, right, or condition. No express waiver of ap.y term, right, or condition of this AGREEMENT shall operate as a waiver of any other term, right, or condition. 13 ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties have entered into this AGREEMENT as of the 9"" day of June, 2026. CITY OF WEST CHICAGO COUNTY OF DU PAGE BY: BY: MbKH, fb a ATTEST: ATTEST! 14 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] Exhibit A - Location Map Legend N Project Location Parcel Boundaries 0 50 100 200 Feet Work in City ROW I A ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] RAY AVENUE DRAINAGE IMPROVEMENT PROJECT DUPAGE COUNTY STORMWATER MANAGEMENT DRAWING INDEX 1 COVER SHEET 2 EXISTING CONDITIONS 3 PROPOSED DRAINAGE PLAN 4 EROSION CONTROL PLAN 5 RESTORATION PLAN 6-7 DETAILS, AND QUANTITIES 8-9 TRAFFIC CONTROL LOCAL BENCHMARK #1 LOCAL BENCHMARK #2 LOCATION MAP ~ NOT TO SCALE NORTH ELEVATION: 791.26 NAVO 88 ELEVATION: 793.74 NAVO 88 NORTHING: 1904024.7168 NORTHING: 1904363.4 7957 EASTING: 1021626.07761 EASTING: 1021721.13475 -0 ,, DESCRIPTION: DESCRIPTION: -iawthomc Ln ("\§ 0 '§ Bury bolt on fire hydrant located at 29W454 Ray Avenue. Cross cut in street in line with west edge of driveway of 29W445 James "' Avenue. Glen OJ.k Pine Ave Cemetery PROJECT LOCATION l!'e Rd PROFESSIONAL ENGINEER'S SIGN AND SEAL ' u ~ = "'g' lbyA\•o g_ ~ -tr,.,,,o' COUNTY BENCHMARK .,.~ ~ N.1tonalSt ~ DuPage County, Illinois ~ = 2006 Geodetic Survey Monument ~ Benchmark: 0115 Station Elevation: 733.26 Ft PID: DK3284 Date Established: Mar-2006 County: DuPage Date Last Checked: Township: Wayne Vertical Datum: NAVD 88 Northing: 1907685 Order of Accuracy: 2nd Order - Class 1 Litlcc Blvd E Gr.;mc- t..ik.e Blvd Easting: 1024704 NGS Horizontal Accuracy: Not Applicable # C?~~- f?{poo1, Caution: Northing and easting information is given in NAD 83 Illinois State Plane East and are for location ~ reference onty. Actual northing and easting Information may differ. EXP. DATE: or,,.. If,. :, 1>;). ~ fatr'\'lt'l\l Avt: « Pia~f~t~!I~~J afong th,: ttit 1idt of th': lllino~ Pr-,irit Path. 5tatioo h, 32.9 ft toast of t ht ci::nt~rtinll! of Prmce Croning Road and Highlan6 7.8 ft l!a~t of th, centerlme ol tht' lllinoi~ Pr.sir~ Path. hl\onumcnt is a 3.S fOch bfa~~ di~. on th,north l!fld of the e~t headwall. 0.85 ~ abo~ road iuf'face. :;Ai[ 3Y LC 8/27 /25 5/22/26 RAY AVENUE DRAINAGERAY AVENUE PROJECT DRAW'I. _c 3/25/26 6/9/2€ WEST CHICAGO. IL 60185 ~1_::· _.B_~~~.S~t:.- OWG DUPAGE COUNTY V."V.'N.D'J:,, AG£:::: C C~G/SWV JCL _ — — - | —L = . L f iy / S E within 2 miles (3200 m). DAYTIME USE DAY OR NIGHTTIME USE ' ' Elevation of edge Elevation of edge Dual sign displays shall be utilized on multi- CONES TUBULAR MARKER VERTICAL PANEL DRUM ‘| of pavement of pavement lane highways. TT POST MOUNTED — 5 (1.5 m) min embedment SIGNS ON TEMPORARY SUPPORTS UN WORK LIMIT SIGNING o oe ° CS *** When work operations exceed —_—_— \¥ 7 7 ~ * four days, this dimension shall Yn | ) POST MOUNTED SIGNS be §'(1.5m) min. If located HIGH LEVEL WARNING DEVICE ** When curb or paved shoulder are present behind other devices, the height WORK W21-III5(0)-3618 Ss this dimension shall be 24 (600) to the shall be sufficient to be seen ZONE al face of curb or 6' (1.8 m) to the outside completely above the devices. ox ~ Ox by S 24 12 _ edge of the paved shoulder. SPEED OX % Ss OX % s q (600) (300) * > D2) a8 He a8 24 LIMIT R2-1-3648 Yan: ¥ Sk * C" “ XX q : x V4 5 | 7 =e 7 (125) | (175) w|¢ ale aN PHOTO R10-1108p-3618 **** Ze Ga “8 % ENFORCED is 24 (600) io 5 o _——4 = - = ; NIN 3| min. 8}. > — 5 NG @ )) SS iad = $XXX FINE cle < € 3/8 «|S 318 7) 8 (200) Federal series C | MINIMUM R2-1106p-3618 tS) i) 4' (1.2 m) _ x _ MAX W | DTH 7 (180) Federal series B —r min y | = ————————) 24 (600) +/8 win Sign assembly as shown on Standards min. XOX XX / XX | = + or as allowed by District Operations. ON? TYPE | BARRICADE TYPE Il BARRICADE TYPE Ill BARRICADE VERTICAL BARRICADE x M | L E S | 20/4 4 | 16 WORK ZONE || G20-1103-6036 1% — END DIRECTION INDICATOR (613) (400) SPEED LIMIT RR BARRICADE Oo ‘O) This sign shall be used when the A H E A D above sign assembly is used. J~ (15) * OW lights (if d S 4 ing lights (i . farning lights (if required) GENERAL NOTES W12-1103-4848 \ iN HIGHWAY CONSTRUCTION eg All heights shown shal be measured above the WIDTH RESTRICTION SIGN SPEED ZONE SIGNS S iS pavement surface. XX"-XX" width and X miles are variable. **** R10-1108p shall only be used along roadways alg 4' (1.2m) under the juristiction of the State. x Ps min. All dimensions are in inches (millimeters) unless otherwise shown. — S|. isis Qe DATE REVISIONS FRONT SIDE REVERSE SIDE Illinois Department of Transportation a © 1-1-26 Updated Detectable Pedstrian TRAFFIC CONTROL Illinois Department of Transportation TRAFFIC CONTROL APPROVED Smut Tone = a a i 2 (60) Channelizing Barricade (sht. 1) & DEVIC ES APPROVED Sm] Fone = D EVICES S cb ss) 2 max. Temporary Rumble Strips iS ym 2 FLAGGER TRAFFIC CONTROL SIGN ENGINEER OF SAFETY PROG. AND ENGINEERING || 9 DETECTABLE PEDESTRIAN details (sht. 3) (Sheet 1 of 3) ENGINEER OF SAFETY PROG. AND ENGINEERING || 9 (Sheet 2 of 3) in a) °° e A hy, y / / , ; / / Wy > Type | or Type Il barricades —- , n fe} (7 By ERe ® Ki | f @ /\ ©) 100' (30 m) /} ae Type ll barricades @ | ( I I max. CLOSED ale ROAD ® aS R11-2 CLOSED AHEAD W20-1(0)-48 W20-3(0)-48 relintenance W20-4(0)-48 and utility projects W20-7(0)-48 » W20-1103(0)-48 For W20-1103(0)-48 contract construction W20-1(0)-48 projects SIGN SPACING SYMBOLS Posted Speed | Sign Spacing TT wo a {400 my Work area @ Refer to ‘SIGN SPACING TABLE TRAFFIC CONTROL SHEET DESIGNED LC 8/27/25 5/22/26 : 8 9 /21/ Lc /22/ STORMWATER MANAGEMENT DEPARTMENT toc sSistess WA AVENVE OF PLOT SCALE : DRAWN LC 3/25/26 LC 6/9/26 421 N. COUNTY FARM ROAD WHEATON, ILLINOIS 60187 % F WEST CHICAGO, IL 60185 FILE: RAY PLAN SET 14.DWG PLOT DATE: 6/9/26 REVIEWED JCL| 4/3/26 X/XX /XX TEL. NO. (630) 407-6700 FAX (630) 407-6701 DUPAGE COUNTY WWW.DUPAGECO.ORG/SWM ===== PDF PAGE 77 ===== [Extraction: embedded PDF text] 3. 2. 1. : : NOTES: TYPE CONE II APPLY OR LEGEND FLAGGER TANGENT BURN MAINTAIN MAINTAIN SEWER UNDIVIDED)IDOT WITH ALL DRUM, ON CONSTRUCTION. CONSTRUCTION. RESTORATION. BARRICADES SECTIONS TURNING RAY DIRECTION TAPER TRAFFIC PRIVATE ANDSPACED OF STANDARD WITH BIDIRECTIONAL 20'25' CONSTRUCTION AVENUE C-CC-C MOVEMENTS SIGNCONTROL LIGHTSSTEADY SECTIONSININ RESTORATIONAND TRAFFIC 701501-06 DRIVEWAY DURING FROM (URBAN ACCESS OAK SEWER 1" LANE = DURING 20' AVENUE CLOSURE, NORTH DURING CONSTRUCTION2L, AND2W, SEE RAY NOTE 1 AVENUE NO WORK TO TAKE PLACE IN PROJECT THE WORK ROADWAYAREA OAK AVENUE SEE NOTE 1 RAY AVENUE ===== PDF PAGE 78 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER:Resolution No. 26-R-0052 - Engineering Enterprises, Inc. - Professional Design Engineering Services for Lead Service Line COMMITTEE AGENDA DATE: July 2, 2026Replacement Project- Phase A (Year 2) in an Amount Not to COUNCIL AGENDA DATE: July 20, 2026Exceed $65,494.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE__________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE ________ _ ITEM SUMMARY: The Lead Service Line Replacement and Public Notification Act, effective on January 1, 2022, requires the City of West Chicago to develop, implement, and maintain a comprehensive Water Service Line (WSL) Inventory and a Lead Service Line Replacement (LSLR) Plan. On April 15, 2024, the City completed its WSL inventory based on the best available information. The Initial LSLR Plan was submitted to the Illinois Environmental Protection Agency (IEPA) on May 7, 2024, with annual updates in 2025 and 2026. The Final LSLR Plan is due before April 15, 2027. Based on the Initial LSLR Plan, the City has approximately 797 lead water service lines within the City limits. The City's intent has been to complete the replacements in multiple phases. Engineering Enterprises, Inc. (EEi) has successfully worked with the City to prepare and submit the Initial LSLR Plan as well as the design engineering for Phase B (Year 1) of the LSLR Project. Although designated as Phase B, this phase was advanced ahead of Phase A because IEPA funding became available through the Bypass Public Water Supply Loan Program. Phase B will replace approximately 225 LSLs. The IEPA loan execution is expected by June 30, 2026, with construction anticipated to begin in fall 2026 and completion by fall 2027. Phase B was advanced ahead of Phase A due to IEPA funding availability in the Bypass Public Water Supply Loan Program (PWSLP) funds. The current proposal is for Phase A (Year 2) of the project, which would target replacing approximately 375 lead WSLs. EEi's scope of work will include preparation of loan application for the Illinois PWSLP, financial coordination with the City relative to the loan application such as review of current rate structures to ensure sufficient revenue exists for loan re-payment and assistance with drafting necessary documents, design engineering, project meetings, data collection, utility coordination, preparation of plans, preparation of contract specifications, bidding assistance and geotechnical investigation by sub-consultant. The City applied for PWSLP funds for Phase A in 2026 and was not selected. Based on conversations with IEPA staff, there is an opportunity to seek Bypass Funds as early as July 1, 2026 on a first come first serve basis. Accordingly, the funding application needs to be submitted as soon as possible to maximize the City's opportunity to receive funding. The anticipated bidding timeframe is spring 2027 and construction as early as late spring 2027, pending approval of the PWSLP Bypass funds. This bidding and construction timeline can be significantly advanced if the City is successful in obtaining the PWSLP Bypass funds available starting July 1, 2026. EEi's proposal for this task is $65,494.00. This Project is specifically unbudgeted in 2026; however, funds are available in 06-34-47-4806 to advance this project. ACTIONS PROPOSED: Approve Resolution No. 26-R-0052 authorizing the Mayor to execute a contract with Engineering Enterprises, Inc. of Sugar Grove, Illinois, for professional engineering services related to the Lead Service Line Replacement Project - Phase A (Year 2) in an amount not to exceed $65,494.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0052 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ENGINEERING ENTERPRISES, INC. OF SUGAR GROVE, IL FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACEMENT PROJECT - PHASE A (YEAR 2) IN AN AMOUNT NOT TO EXCEED $65,494.00 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 Engineering Enterprises, Inc. of Sugar Grove, IL for professional engineering services related to the Lead Service Line Replacement Project- Phase A (Year 2) in an amount not to exceed $65,494.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] AGREEMENT BETWEEN THE CITY OF WEST CHICAGO, ILLINOIS AND ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACMENT PROGRAM - PHASE A (YEAR 2) This AGREEMENT, made this 20TH day of July, 2026 between CITY OF WEST CHICAGO, a body politic and corporate, with offices at 475 Main Street, West Chicago, Illinois 60185 (hereinafter the "CITY") and Engineering Enterprises, Inc. licensed to do business in the State of Illinois, with offices at 52 Wheeler Road, Sugar Grove, IL 60554 (hereinafter the "CONSULTANT"), hereinafter together referred to as the "PARTIES": RECITALS WHEREAS, the Illinois General Assembly has granted the CITY authority to enter into agreements for the purposes of providing professional services (pursuant to Municipal Code, 65 ILCS 5/1-1-10, et. seq.); and, WHEREAS, the CITY requires professional design engineering services, consisting of but not limited to data collection, geotechnical investigation, utility coordination, plan preparation, contract documents, bidding assistance, permitting, and IEPA loan application; and WHEREAS, the CONSULTANT has experience and expertise in this area and is in the business of providing such professional services and is willing to perform the required services for an amount not to exceed $65,494.00; and, WHEREAS, the CITY has had successful previous working relationship with the CONSUL TANT on other CITY projects; and, WHEREAS, the CITY wishes to memorialize the terms and conditions of its AGREEMENT with the CONSULTANT. NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms, and conditions herein set forth, and the understandings of each PARTY to the other, the PARTIES do hereby mutually covenant, promise and agree as follows: ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] 1.0 INCORPORATION. 1.1 All recitals set forth above are incorporated herein and made part thereof, the same constituting the factual basis for this AGREEMENT. 2.0 SCOPE OF SERVICES. 2 .1 Services are to be provided by the CONS ULT ANT according to the specifications in the scope of work, specified as Exhibit "A", attached hereto, which is hereby incorporated by reference. 2.2 The relationship of CONSULT ANT to CITY is that of independent contractor, and nothing in this AGREEMENT is intended nor shall be construed to create an agency, employment, joint venture relationship, or any other relationship allowing CITY to exercise control or direction over the manner or method by which CONSUL TANT or its subconsultants provide services hereunder. 3.0 NOTICE TO PROCEED. 3.1 Authorization to proceed with tasks described in Exhibit "A" shall be given on behalf of the CITY by the Director of Public Works, (hereinafter referred to as the "Director"), in the form of a written notice to proceed following execution of the contract by the City Administrator and/or Mayor. 3.2 In addition to the Notice to Proceed, the Director, or his/her designee, may, on behalf of the CITY, approve, deny, receive, accept or reject any submission, notices or invoices from or by CONSULTANT, as provided for in this AGREEMENT, including, but not limited to, acts performed in accordance with Paragraphs 4.1, 5.2, 6.4, 7.1, 8.2 and 8.3, all subject to payment approval by the corporate authority. 4.0 TECHNICAL SUBCONSULTANTS. 4.1 The prior written approval of the CITY shall be required before CONSUL TANT hires any technical subconsultants to complete CITY ordered tasks, which consent shall not be unreasonably withheld. 4.2 Any subconsultant(s) hired by the CONSULTANT shall be supervised by the CONSUL TANT and the CONSUL TANT shall be solely responsible for any and all work performed by said subconsultant, or subconsultants, in the same manner and with the same liability as if performed by the CONSULTANT. 5.0 TIME FOR PERFORMANCE 5 .1 The CONS ULT ANT shall commence work within seven (7) working days after the CITY issues its Written Notice to Proceed. The CITY is not liable and will 2 ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] not pay the CONSULTANT for any work performed before the date of the Notice to Proceed. 5.2 Unless otherwise defined in the Scope of Services, the CONSULTANT shall complete all work in accordance with the time frame as outlined in the written Notice to Proceed. 5.3 If the CONSULTANT is delayed at any time in the progress of the work by any act or neglect of the CITY or by any employee of CITY or by changes ordered by the CITY, or any other causes beyond the CONSULTANT'S control then the sole remedy and allowance made shall be an extension of time for completion. Such extension shall be that which is determined reasonable by the CITY upon consultation with CONSULTANT. The CONSULTANT shall accept and bear all other costs, expenses and liabilities that may result from such delay. 6.0 COMPENSATION 6.1 The CITY shall pay the CONSUL TANT for services rendered and shall only pay in accordance with the provisions of this AGREEMENT. 6.2 For work performed, the City will pay the actual hourly rates for CONSULTANT'S staff. A chart listing the hourly rates for CONSULTANT'S staff, identified by position or assignment, is attached and incorporated hereto as Exhibit "C". The hourly rates identified include all overhead and profit charges. 6.3 Direct expenses are costs for supplies and materials to be paid for by the CITY for completion of all work defined in Exhibit "A". For direct expenses, including supplies, materials and costs related to specific reports and presentations as required by the CITY, the CITY shall pay on an actual cost basis without any markup added. 6.3.a For all direct expenses more than $25, the CONSULTANT shall include copies of receipts from suppliers for expendable materials with its invoice to the CITY. Direct expenses in excess of $500.00 shall require prior written approval from the City. 6.3.b CONSULTANT shall not include computer charges as direct expenses. 6.4 The CONSULTANT shall submit its invoices, for services rendered and allowable expenses, to the CITY on a monthly basis. Each invoice shall summarize the tasks performed, the budgeted hours and money for the pay period per task, the actual hours and money spent during the pay period per task, personnel used per task, and the percentage complete for each task. 6.5 Total payments to the CONSULTANT under the terms of this AGREEMENT shall not under, any circumstances, exceed $65,494.00. In the event the CITY directs CONSULTANT to do work which would cause the stated amount to be 3 ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] exceeded, the CONSUL TANT shall not be responsible for such work until this AGREEMENT is modified pursuant to Article 14.0. 6.6 Upon receipt, review and approval of properly documented invoices, the CITY shall pay, or cause to be paid, to the CONSULT ANT the amounts invoiced, within 30 days of invoice receipt, provided that the amount invoiced together with the amounts of previous partial payments do not exceed the total compensation specified in this AGREEMENT. The CITY may not deny a properly documented claim for compensation, in whole or in part, without cause. The CITY reserves the right to hold back a sum equal to not more than five percent of the total contract sum to ensure performance. The CITY shall not be required to pay CONS ULT ANT more often than monthly. 6. 7 Upon receipt, review and acceptance of all deliverables specified in Exhibit "B" of this AGREEMENT, final payment shall be made to the CONSUL TANT. 7.0 DELIVERABLES. 7.1 The CONSULTANT shall provide the CITY on or before the termination of this AGREEMENT, or as directed by the Notice to Proceed, the deliverables specified in Exhibit "B" of this AGREEMENT, attached hereto, which is hereby incorporated by reference. 8.0 CONSULTANT'S INSURANCE 8.1 CONSULTANT shall procure and maintain, for the duration of the project, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONSULT ANT, his agents, representatives, employees, or sub-consultant( s ). A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Occurrence form number CG 0001 with the City named as additional insured, on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26, and CG 20 01. Endorsement CG 20 37 - Completed Operations required if box is checked O; and 2. Owners and Contractors Protective Liability (OCP) policy with the City as insured Required if box is checked O; and 4 ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] 3. Insurance Services Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto"; and 4. Worker's Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers' Liability Insurance. Additional coverage required for employee exposure to lead, if box is checked 0; and 5. Builders Risk Property Coverage with City as loss payee. Required if box is checked D; and 6. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of po 11 utants. Required if box is checked D; and B. Minimum Limits oflnsurance CONSULT ANT shall maintain limits NO LESS than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project specific aggregate of $1,000,000. 2. Owners and Contractor Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. 5 ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] 6. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers; or the CONSULT ANT shall procure a bond guaranteeing payment or losses and related investigation, claim administration and defense expenses. D. The policies are to contain, or be endorsed to contain the following provisions. 1. General Liability and Automobile Liability Coverages a. The City, its officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of the CONSULT ANT'S work, including activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased or used by the CONSUL TANT; or automobiles owned, leased, hired or borrowed by the CONSUL TANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees, and volunteers. b. The CONSULTANT'S insurance coverage shall be primary and non- contributory as respects the City, its officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, agents, and volunteers shall be excess of CONSULT ANT'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees, or volunteers. d. The CONSULT ANT'S insurance shall contain a Severability of Interests/Cross Liability clause or language stating that CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6 ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] e. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form", then the CONSUL TANT shall be required to name the City, its officials, employees, agents, and volunteers as additional insured. f. All general liability coverages shall be provided on an occurrence policy form, Claims-made general liability policies will not be acceptable. g. The CONSUL TANT, all sub-consultants, and all sub-consultants hereby agree to any limitation as to the amount of contribution recoverable against them by the City. This specifically includes any limitation imposed by any state statue, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents, and volunteers for losses arising from work performed by CONSULTANT for the City. Waiver of Subrogation policy endorsement must be provided (CG 75 55 or CG 24 04). 3. Professional Liability (architect, engineer, surveyor, consultant Required if box is checked 1K] • a. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not-to-exceed $50,000 without prior written approval. . b. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an occurrence form, the CONSUL TANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. c. Provide a certified copy of actual policy for review. d. Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: 7 ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] 1. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; n. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage 4. All Coverages No Waiver. Under no circumstances shall the City be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: (a) Allowing work by CONSUL TANT or any sub-consultant(s) to start before receipt of Certificates of Insurance and Additional Insured Endorsements. (b) Failure to examine, or to demand correction of any deficiency of any Certificate of Insurance and Additional Insured Endorsement received. Each insurance policy required shall have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. E. Endorsements, OCP policy, or General Liability policy shall not exclude supervisory or inspection services. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A- ,VII and licensed to do business in the State of Illinois. G. Verification of Coverage CONSUL TANT shall furnish the City with certificates of insurance naming the City, its officials, employees, agents, and volunteers as an additional insureds, and with original endorsements attecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The following additional insured 8 ===== PDF PAGE 88 ===== [Extraction: embedded PDF text] endorsements may be utilized: ISO Additional Insured Endorsement CG 20 10 or CG 20 26, CG 20 01, CG 20 37 - Completed Operations, and CG 75 55 or CG 24 04, where required. The City reserves the right to request full- certified copies of the insurance policies and endorsements. H. Sub-consultants CONSULT ANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 8.2 It shall be the duty of the CONSULTANT to provide to the CITY, copies of the CONSULTANT'S Certificates of Insurance before issuance of a Notice to Proceed. 9.0 INDEMNIFICATION. 9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and actions, including costs, attorney fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the CONSULTANT'S negligent acts, errors or omissions in its performance under this AGREEMENT or any willful conduct on the part of CONSULANT resulting in liability. Willful act, as defined herein, shall mean a voluntary, deliberate action by CONSUL TANT or its agent. 9.2 Nothing contained herein shall be construed as prohibiting the CITY, its officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. CONSUL TANT shall reimburse the CITY from and against all liability, including costs, attorney's fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property in which CONSULTANT is found liable for negligent acts, errors or omissions or willful conduct. 9.3 Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. CONSULTANT'S indemnification of CITY shall survive the termination, or expiration, of this AGREEMENT. 10.0 SATISFACTORY PERFORMANCE 10.1 The CONSULTANT'S, and subconsultant( s), standard of performance under the terms of this AGREEMENT shall be that which is to the satisfaction of the 9 ===== PDF PAGE 89 ===== [Extraction: embedded PDF text] CITY and meets or exceeds the quality and standards commonly accepted in the industry practicing in the same locality under similar conditions or circumstances. 10.2 The CONSULTANT'S services shall be performed in a manner consistent with the customary skill and care of its profession practicing in the same locality under similar conditions or circumstances. 10.3 If any errors, omissions, or acts, intentional or negligent, are made by the CONSULTANT, or subconsultant(s), in any phase of the work, the correction of which requires additional field or office work, the CONSULTANT shall be required to perform such additional work as may be necessary to remedy same without undue delay and without charge to the CITY. 10.4 Acceptance of the work shall not relieve the CONSULTANT of the responsibility for the quality of its work, nor its liability for loss or damage resulting therefrom. 11.0 CONFLICT OF INTEREST 11.1 The CONSUL TANT covenants that it has no conflicting public or private interest and shall not acquire directly or indirectly any such interest which would conflict in any manner with the performance of CONSULT ANT'S services under this AGREEMENT. 12.0 OWNERSHIP OF DOCUMENTS. 12.1 The CONSUL TANT agrees that all survey data, reports, drafting, studies, specifications, estimates, maps, computations and all other deliverables prepared for the CITY under the terms of this AGREEMENT shall be properly arranged, indexed and delivered to the CITY as provided in paragraph 7 .1 12.2 The documents and materials made or maintained under this AGREEMENT shall be and will remain the property of the CITY which shall have the right to use same without restriction or limitation and without compensation to the CONSUL TANT other than as provided in this AGREEMENT. 12.3 The CITY acknowledges that the use of information that becomes the property of the CITY pursuant to Paragraph 12.2, for purposes other than those contemplated in this AGREEMENT, shall be at the CITY'S sole risk. 12.4 The CONSULTANT may, at its sole expense, reproduce and maintain copies of deliverables provided to CITY 13.0 COMPLIANCE WITHSTATEANDOTHERLAWS. 10 ===== PDF PAGE 90 ===== [Extraction: embedded PDF text] 13.1 The CONSULTANT, and subconsultant(s), will comply with Federal, State and Local statutes, ordinances and regulations and obtain permits, or other mandated approvals, whenever applicable. 13.2 The CONSULTANT, and subconsultant(s), shall not discriminate against any worker, job applicant, employee or any member of the public, because ofrace, creed, color, sex, age, handicap, or national origin, or otherwise commit an unfair employment practice. CONSULTANT shall comply with the provisions of the Illinois Human Rights Act, as amended, 775 ILCS 5/-101, et seq., and with all rules and regulations established by the Department of Human Rights. 13.3 The CONSUL TANT, by its signature on this AGREEMENT, certifies that it has not been barred from being awarded a contract or subcontract under the Illinois Procurement Code, 30 ILCS 500/1-1, et seq.; and further certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code (Illinois Compiled Statutes, Chapter 720, paragraph 5/33E-3). 14.0 MODIFICATION OR AMENDMENT. 14.1 The PARTIES may modify or amend terms of this AGREEMENT only by a written document duly executed by both PARTIES. 15.0 TERM OF THIS AGREEMENT. 15.1 The term of this AGREEMENT shall begin on the date the AGREEMENT is fully executed, and shall continue in full force and effect until the earlier of the following occurs: (a) The termination of this AGREEMENT in accordance with the terms of Section 16.0, or (b) June 30, 2027, or to a new date agreed upon by the PARTIES. (c) The completion by the CONSULTANT and CITY of their respective obligations under this AGREEMENT, in the event such completion occurs before June 30, 2027. 15.2 The CONSULTANT shall not perform any work under this AGREEMENT after the expiration date set forth in Paragraph 15 .1 (b ), above. The CITY is not liable and will not pay the CONS ULT ANT for any work performed after the AGREEMENT'S expiration or termination. 16.0 TERMINATION 16.1 Except as otherwise set forth in this AGREEMENT, either PARTY shall have the right to terminate this AGREEMENT for any cause upon serving thirty (30) 11 ===== PDF PAGE 91 ===== [Extraction: embedded PDF text] days' prior written notice upon the other PARTY, except in the event of CONSULTANT'S insolvency, bankruptcy or receivership, in which case termination shall be effective immediately upon receipt of notice. 16.2 Upon such termination, the liabilities of the PARTIES to this AGREEMENT shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. 16.3 Upon termination of this AGREEMENT, all data, work products, reports and documents produced, because of this AGREEMENT shall become the property of the CITY. Further, CONSUL TANT shall provide all deliverables within fourteen (14) days of termination in accordance with the other provisions of this AGREEMENT. 16.4 The CITY shall pay the CONSUL TANT for all work performed prior to the date of termination and for all work necessary to comply with Section 16.3 above. 17.0 ENTIRE AGREEMENT. 17 .1 This AGREEMENT, including matters incorporated herein, contains the entire AGREEMENT between the PARTIES. 17 .2 There are no other covenants, warranties, representations, promises, conditions or understandings, either oral or written, other than those contained herein. 17.3 In event of a conflict between the terms or conditions or this AGREEMENT and any term or condition found in any exhibit or attachment, the terms and conditions of this AGREEMENT shall prevail. 18.0 ASSIGNMENT. 18.1 This AGREEMENT may be assigned by either PARTY provided, however, such assignment shall be first approved, in writing, by the other PARTY. 19.0 SEVERABILITY. 19.1 In the event, any provision of this AGREEMENT is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the AGREEMENT. The remainder of this AGREEMENT shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms. 20.0 GOVERNING LAW. 20.1 This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance. 12 ===== PDF PAGE 92 ===== [Extraction: embedded PDF text] 20.2 The forum for resolving any disputes concerning the PARTIES' respective performance, or failure to perform, under this AGREEMENT, shall be the 18th Judicial Circuit Court for DuPage County. 21.0 NOTICES. 21.1 Any required notice shall be sent to the following addresses and PARTIES: ENGINEERING ENTERPRISES, INC. 52 Wheeler Road Sugar Grove, Illinois 60554 ATTN: Stephen T. Dennison, PE, Vice President CITY OF WEST CHICAGO Department of Public Works 475 Main Street West Chicago, Illinois 60185 ATTN: Mehul T. Patel P.E., CFM, Director of Public Works 21.2 All notices required to be given under the terms of this AGREEMENT shall be in writing and either (a) served personally during regular business hours; (b) served by facsimile transmission during regular business hours; or ( c) served by certified or registered mail, return receipt requested, properly addressed with postage prepaid. Notices served personally or by facsimile transmission shall be effective upon receipt, and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Each PARTY may designate a new location for service of notices by serving notice thereof in accordance with the requirements of this Paragraph, and without compliance to the amendment procedures set forth in Paragraph 14.1, above 22.0 WAIVER OF/FAILURE TO ENFORCE BREACH. 22.1 The PARTIES agree that the waiver of, or failure to enforce, any breach of this AGREEMENT by the remaining PARTY shall not be construed, or otherwise operate, as a waiver of any future breach of this AGREEMENT. Further the failure to enforce any particular breach shall not bar or prevent the remaining PARTY from enforcing this AGREEMENT with respect to a different breach. 23.0 FORCE MAJEURE. 23.1 Neither PARTY shall be liable for any delay or non-performance of their obligations caused by any contingency beyond their control including but not limited to Acts of God, war, civil unrest, strikes, walkouts, fires or natural disasters. 13 ===== PDF PAGE 93 ===== [Extraction: embedded PDF text] 24.0 ACCESS TO PROPERTY. 24.1 The CONSUL TANT shall make a reasonable effort to obtain access to property of a third PARTY necessary for the performance of its obligations under this AGREEMENT. If CONSULTANT is unable to obtain access to the property, the CITY shall be responsible for securing access for the CONSULTANT. In the event, the CITY cannot secure access for the CONSULTANT; the CITY shall excuse the CONSUL TANT from the performance of any work that necessitated such access. The CONSULTANT shall have no claim to ·compensation for any work excused under this provision. 1N WITNESS OF, the PARTIES set their hands and seals as of the date first written above. CITY OF WEST CHICAGO ENGINEERING ENTERPRISES, INC. BY:----------- BY: - ----------DAN IE L BOVEY BRAD SANDERSON, P.E. MAYOR PRESIDENT ATTEST BY: ATTEST BY: VALERIA BIGGERSTAFF STEPHEN T. DENNISON, P.E. EXECUTIVE OFFICE MANAGER VICE PRESIDENT (SEAL) 14 ===== PDF PAGE 94 ===== [Extraction: embedded PDF text] EXHIBIT A SCOPE OF WORK This Exhibit includes the scope of work for the services of Engineering Enterprises, Inc. for the purposes of providing professional engineering services, consisting of but not limited to data collection, geotechnical investigation, utility coordination, plan preparation, contract documents, bidding assistance, permitting, and IEPA loan application for Lead Service Line Replacement Project - Phase A: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 15 ===== PDF PAGE 95 ===== [Extraction: embedded PDF text] EXHIBITB DELIVERABLES The following deliverables will be submitted to the CITY before completion of the contract: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 16 ===== PDF PAGE 96 ===== [Extraction: embedded PDF text] EXHIBITC SCHEDULE OF HOURLY RATES AND COST BUDGET Engineering Enterprises, Inc. will bill the CITY for all tasks, assignments, and work performed in accordance with the following schedule: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 17 ===== PDF PAGE 97 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com June 24, 2026 Mr. Mehul Patel, P.E., CFM Director of Public Works City of West Chicago 1400 Hawthorn Lane West Chicago, IL 60185 Re: LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 City of West Chicago, DuPage County, IL Dear Mr. Patel: Enclosed for your review and consideration are two copies of our proposed agreement for the subject project. The attached agreement includes a detailed scope of services and estimated of level of effort and associated cost for the project. We are proposing to provide our professional engineering services for a fixed fee amount of $65,494 (Not to Exceed). We look forward to working with you and members of your staff on this project. If you have any questions or require any additional information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Stephen T Dennison, P.E Vice President VH/STD Enclosures pc: STD, VH, ARS, DMT- EEi (Via E-mail) OUTSTANDING SERVICE• EVERY CLIENT• EVERY DAY ===== PDF PAGE 98 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Agreement for Professional Services Lead Service Line Replacement Program - Year 2 THIS AGREEMENT, by and between the City of West Chicago, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or "ENGINEER" agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: Contractor shall receive as compensation for all work and services to be performed herein an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment D. The professional engineering services will be paid for as a not to exceed fee in the amount of $65,494. All payments will be made accordingly to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the PAGE 1 ===== PDF PAGE 99 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor's consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of llllnols or any agency as a result of being convicted of a felony. PAGE2 ===== PDF PAGE 100 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contracUgrant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in PAGE 3 ===== PDF PAGE 101 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: .x United States Citizen Resident Alien Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): _ Individual _ Real Estate Agent _ Sole Proprietorship _ Government Entity _ Partnership _ Tax Exempt Organization (IRC 501 (a) only) JL Corporation _ Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Schedule Contractor agrees to complete the project in accordance with the schedule summarized within Attachment C. K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the Attachments. Except for those terms included on the Attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: PAGE4 ===== PDF PAGE 102 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Anticipated Project Schedule Attachment D: Estimated Level of Effort and Associated Cost Attachment E: /EPA Contract Requirements Attachment F: Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City of West Chicago: For the Engineer: Director of Public Works Engineering Enterprises, Inc. 475 Main Street 52 Wheeler Road West Chicago, IL 60185 Sugar Grove Illinois 60554 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _day of ____ , 2026. City of West Chicago: Engineering Enterprises, Inc.: ~ T:'O»r-Title: Daniel Bovey, Mayor Viceesident Attest: Attest: Title: Valeria Biggerstaff, Executive Office Manager Project Manager PAGE 5 ===== PDF PAGE 103 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. MAY 2026 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the 0\11/NER and Engineering Enterprises, Inc. (EEi) (hereinafter "Agreement"). and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furn ish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. 0\11/NER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER'S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER'S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor's methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER'S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of 0\11/NER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the 0\11/NER of the changed conditions necessitating renegotiation, and the ENGINEER and the 0\11/NER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition . In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until 0\11/NER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. PAGE 1 ===== PDF PAGE 104 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. MAY 2026 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, ''force majeure" shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall ii affect the enforceability of that provision or of the remainder of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEi makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. PAGE 2 ===== PDF PAGE 105 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS Lead Service Line Replacement (LSLR) Program - Year 2 Improvements City of West Chicago, IL Professional Services Agreement - Design Engineering Attachment B - Scope of Services The City of West Chicago Water Works System currently includes a number of residential lead service lines (LSL), which connect the City's water distribution system to residential properties within the community. The City's intent is to implement a multi-year lead service line replacement program utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has prepared and submitted a Drinking Water Project Plan for review and approval by the IEPA. The City is seeking to proceed with Year 2 of the loan program, which includes preparation of the PWSLP loan application and design engineering. The Year 2 Improvements and the scope of the Design Engineering services herein assume up to 375 Lead Service Line Replacements. EEi's proposed scope of service items are as follows: ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION: 1.1 Prepare Loan Application Form • Loan Program Certifications and Resolutions o Disbarment, Suspension, and Other Responsibility Matters o Intent Regarding National Flood Insurance o Project Site Rights of Way, Easements and Permits o Taxpayer ID (FEIN) Certifications o Five Officer Certification Form o Tax Compliance Certificate and Agreement o Authorizing Representative to Sign Loan Documents o Certified Bond Ordinance • Existing Water Rate Ordinance • Water System Information • Project Completion Schedule and Estimates 1.2 Financial Coordination with the City • Current and Future Debt • Comprehensive Financial Projections (5 years) • Audited Financial Statements • Bond Ratings • DUNS Number DESIGN ENGINEERING: 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract • General Coordination with the City, Sub-Consultants, and IEPA PWSLP Contact 2.2 Project Meetings • Kick Off Meeting with the City • Two (2) Progress Review Meetings with the City • Mandatory Pre-Bid Meeting PAGE 1 ===== PDF PAGE 106 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS 2.3 Acquire City Data and Utility Coordination • Acquire and Review Existing Engineering Plans, Service Line Records, GIS Utility Records, and Geotechnical/LPC Data • Coordinate with City on Required Meter, Plumbing Fixtures, etc. for Private Side Services. 2.4 Prepare Contract Documents and Estimates • Preparation of 60%, 90% and 100% Contract Documents and Engineer's Opinion of Probable Construction Cost for Review by the City. • Contract Documents Shall Consist of a Project Manual Comprised of the Following: o Typical City Contracting Documents (Provided by the City) o Project Specific Special Provisions o Location Exhibits o Existing Engineering Plans (Provided by the City) o Details o CCDD/LPC Data o All Required IEPA Language, Checklists and Certifications to be in Compliance with the Loan Program • Obtain IEPA PWSLP Approval of Contract Documents Prior to Bidding. Revisions to Contract Documents per IEPA Review as Necessary. 2.5 Bidding and Contracting • Prepare Ad for Bid and Assist City with Posting in Local Paper (City to Pay Cost for Advertising) • Acquire Certified Ad for Bid • Prepare Bidders List • Address Bid Questions and Prepare Addenda • Coordinate Addenda Approval with IEPA Prior to Issuance • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Intent of Award Letter • Submit Successful Bid Proposal to IEPA for Approval The following scope of services will be provided by EEi's subconsultant Rubino Engineering if the data is not already available. • Review ERIS Database and Determine Areas of Concern within Project Area for CCDD • Prepare LPC Form 662 or 663 Permit EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meetings • Residential Coordination Aside from Public Meetings • Temporary Construction Easements - To Be Managed During Construction Phase • Topographic Survey • Design JULIE • Traditional Engineering Plans • Permitting (None Anticipated) • Bidding Process (Managed by the City Electronically) • Soil Borings and Geotechnical Engineering Beyond ERIS Database Review for CCDD PAGE 2 ===== PDF PAGE 107 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS ADDITIONAL SERVICES The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the agreement and will be billed in accordance with EEi's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. PAGE 3 ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT C: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER City of West Chicago WE2602 PROJECT TITLE DATE PREPARED BY Lead Service Line Replacement (LSLR) - Year 2 Program, Design Engineering TASK DESCRIPTION JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY i Rs Ts el ae Pe PS es a |_1.7_|Prepare Loan Application 0 EE eee) | | 1.2 [Financial Coordination wi {Sj == == 2? eS SS Se ee) eS ee ee ee ee Project Management and Administration (ET (SS SS Se Ce ae a Project Meetin REE —i—LE-eE City Data and Utility Coordination 2.4 |Contract Documents and Estimates Bidding and Contracting (Includes Notes: Schedule Targets Spring 2027 Construction Start 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.8701 www eeiweb.com ===== PDF PAGE 109 ===== [Extraction: embedded PDF text] ATTACHMENT D: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJE~T NUMBER WE2602 PROJECT TITLE DATE ED BY Lead Service Line Re lacement Pro ram - Year 2 Im rovements 6/1 6/26 VH I TASK TASK DESCRIPTION HOURS COST NO. ertificates and Resolution Coordination) 4 12 40 56 $ 11 ,140 the Ci 2 4 8 14 $ 2,906 S PWSLP LOAN APPLICATION SUBTOTAL: 6 16 48 70 $ 14,046 dministration 8 12 20 $ 4,824 2.2 8 8 8 24 $ 5,384 2.3 2 8 12 16 38 $ 7,002 2.4 Contract Documents and Estimates 8 16 2 106 $ 20,118 2.5 Biddin and Contractin 8 12 $ 10,870 DESIGN ENGINEERING· LSLR SUBTOTAL: 34 56 $ 48,198 PROJECT TOTAL: 40 EEi STAFF DIRECT EXPENSES STD Stephen Dennison, PE Printing/Scanning = $ 750 VH Veronica Hall, PE Mileage= EMC Emily Conti, El Subconsultant Rubino = $ 2,500 MJT Matthew Taylor DIRECT EXPENSES = S 3250 DRA Deborah Anderson TOTAL LABOR EXPENSES TOTAL COSTS $ 65,494 ===== PDF PAGE 110 ===== [Extraction: embedded PDF text] ATTACHMENT E IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment E. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs". ===== PDF PAGE 111 ===== [Extraction: embedded PDF text] OEPA EPA Project Control Number United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Stephen T. Dennison, P.E. - Vice President Typed Name and Title of Authorized Representative • 6/18/2026~ ~ Signature of Autl,orized Representative Date .. □ I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) ===== PDF PAGE 112 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 ft, www.eeiweb.com EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $268.00 Principal E-3 $262.00 Senior Project Manager E-2 $254.00 Project Manager E-1 $228.00 Senior Project Engineer/Surveyor 11 P-6 $218.00 Senior Project Engineer/Surveyor I P-5 $203.00 Project Engineer/Surveyor P-4 $184.00 Senior Engineer/Surveyor P-3 $169.00 Engineer/Surveyor P-2 $153.00 Associate Engineer/Surveyor P-1 $139.00 Senior Project Technician II T-6 $191.00 Senior Project Technician I T-5 $179.00 Project Technician T-4 $167.00 Senior Technician T-3 $153.00 Technician T-2 $138.00 Associate Technician T-1 $120.00 Engineering/Land Surveying Intern 1-1 $ 89.00 Director of Marketing and Business Development M-4 $141 .00 Marketing Coordinator M-2 $105.00 Executive Administrative Assistant A-4 $ 84.00 Administrative Assistant A-3 $ 79.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00" Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost+ 10% * unless specified otherwise in agreement " per day charges capped at the current IDOT daily rate OUTSTANDING SERVICE· EVERY CLIENT • EVERY DAY ===== PDF PAGE 113 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: ~ 4, Resolution No. 26-R-0053 - Contract Award - Fowler Services LLC - Washington Street Building Demolition COMMITTEE AGENDA DATE: July 2, 2026 COUNCIL AGENDA DATE: July 20, 2026Project in an amount not to exceed $78,000.00 STAFF REVIEW: Mehul Patel, P.E., CFM, Director of Public Works SIGNATURE _________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE---------- ITEM SUMMARY: The City currently owns a series of properties (collectively measuring ~14 acres in total) located near 119 West Washington Street in West Chicago, Illinois (the Site). The City wishes to redevelop the Site for various potential uses; however, the Site is found to be contaminated due to historical operations. The City wishes to pursue and obtain a No Further Remediation (NFR) letter for the Site to protect the health and safety of potential future users of the Site and to enhance the Site's marketability to potential developers. This Site contains an approximately 5,000 square foot metal panel-clad wood pole barn formerly used for salt storage and an approximately 8,000 square foot single-wythe concrete block building with open web steel joist and steel deck roof, concrete floor slab and an internal depressed loading dock. Both buildings are currently being used as Public Works storage. The demolition of these buildings is essential to marketing this site for redevelopment. The City executed a professional architectural design and construction management services contract with Kluber, Inc. in April of 2026. Kluber's scope of work includes project management, data collection, preparation of design drawings and specifications, bidding assistance, construction oversight, prepare cost estimates, review pay estimates, shop drawing review and approval as well as general project administration. The scope of improvements under this Project includes demolition of both buildings, utility disconnection, fence installation, site restoration and other miscellaneous work necessary to complete the Project. The existing asphalt slab under the metal panel-clad wood pole barn will remain until a future soil remediation work takes place on this Site. The Project was advertised for bids in the Daily Herald as well as on QuestCDN (an online bidding platform) on June 2, 2026. Three bids were received on June 23, 2026, of which one was deemed non- responsive for failure to acknowledge the addendum. Fowler Services LLC (Fowler) submitted the lowest responsible bid. A summary of the results is included below. Contractor Bid Amount Rank Fowler Services LLC (South Elgin, IL) $78,000.00 1 Strategic Demolition & Excavation $94,999.00 2 (Elmwood Park, IL) Gizynski Construction LLC (Barrington, N/A N/A IL)* Architect Estimate $132,000.00 NIA *non-responsive bidder ===== PDF PAGE 114 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO Fowler's bid was approximately 40% below the architect's estimate for this Project and significantly under the budget. A scope review was performed by Kluber and their recommendation to award the contract is attached. In 2026, Capital Projects Fund (08-34-53-4801) includes $575,000 for this Project. Staff recommends approval of the contract award. ACTIONS PROPOSED: Approve Resolution No. 26-R-0053 authorizing the Mayor to award a construction contract to Fowler Services LLC of South Elgin, Illinois for the Washington Street Building Demolition Project in an amount not to exceed $78,000.00 COMMITTEE RECOMMENDATION: ===== PDF PAGE 115 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0053 A RESOLUTION AUTHORIZING THE MAYOR TO A WARD A CONSTRUCTION CONTRACT TO FOWLER SERVICES LLC OF SOUTH ELGIN, ILLINOIS FOR THE WASHINGTON STREET BUILDING DEMOLITION PROJECT IN AN AMOUNT NOT TO EXCEED $78,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to award a construction contract to Fowler Services LLC of South Elgin, Illinois for the Washington Street Building Demolition Project in an amount not to exceed $78,000.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 116 ===== [Extraction: embedded PDF text] KluberArchitects+ Engineers www.kluberinc.com June 24, 2026 Mehul Patel Director of Public Works City of West Chicago 475 Main Street West Chicago, IL 60185 RE: Bid Results Washington Street Building Demolition Project Kluber Project No. 26-4 73-1691 Dear Mr. Patel, On June 23, 2026 bids were publicly opened and read aloud for the above-referenced project. Three contractors chose to submit bids for the project. The low base bid was submitted by Fowler Services LLC, from South Elgin, IL in the amount of $78,000. The second lowest base bid was submitted by Strategic Demolition & Excavation from Elmwood Park, IL in the amount of $94,999. See attached bid tabulation for details on bid results. We conducted a Contractor Bid Scope Review with these bidders and believe their bids to be responsive and complete. Therefore, the Board may wish to award a Contract to Fowler Services LLC in the amount of $78,000. The information contained herein and in the attached bid tabulation is provided to you for reference and use in your 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, Clayt D. Haldeman, AIA, NCARB, LEED AP Project Manager & Director of Architecture Kluber Architects + Engineers Attachments: Bid Tabulation Cc: Dave Shah, Assistant Director of Public Works Corporate Office Bloomington Office 41 West Benton St1 eel 2401 East Washington Street Aurora, Illinois 60506 Suite 200-B2 630.406.1213 Bloomington, Illinois 61704 309.430.6460 ===== PDF PAGE 117 ===== [Extraction: embedded PDF text] BID TABULATION Contract Type: Single Contract, Stipulated Sum KluberArchitects + Engineers Kluber Project No.: 26-473-1691 Project : Washington Street Building Demolition Date: 06/23/2026 Owner: The City of West Chicago Time: 11 :00 AM N M ci ci ci z z z "C E:::s E:::s E:::s C "C "C "C 0 C C C a, a, co a, Alternate Alternate Total with "C "C "C "C "C "C "C Plan Holder Location ai <( <( <( Base Bid No. 1 No. 2 Alternates Comments 1 Fowler Services LLC South Elgin, IL y y $78,000.00 $78,000.00 2 Strategic Demolition & Excavation Elmwood Park, IL y y $94,999.00 $94,999.00 3 Gizynski Construction LLC Barrington, IL y N $128,000.00 $128,000.00 ===== PDF PAGE 118 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA IJEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: c ~r 4Resolution No. 26-R-0054 - Construction and Maintenance Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian COMMITTEE AGENDA DATE: July 2, 2026 Sidewalk on Western Drive in the amount not to exceed COUNCIL AGENDA DATE: July 20, 2026 $235,083.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE_________ _ ITEM SUMMARY The City is in the process of reconstructing of Western Drive between Industrial Drive and Kress Road as part of its Industrial Area Street Improvements Project - Phase A (Project). The scope of the project includes reconstruction of the roadway, drainage improvements, watermain replacement, curb and gutter, 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 174979X. A pedestrian sidewalk is proposed to provide for a safe pedestrian route within the Project limits in alignment with the City's Complete Street Policy. Proposing a sidewalk on Western Drive required a permit from the UPRR for the sidewalk grade crossing at the railroad spur. On February 2, 2026, a Reimbursement Agreement for Preliminary Engineering Services between the City and the UPRR was approved administratively to begin the permitting process and design phase. The design phase is now complete and UPRR has provided a Construction and Maintenance Agreement (CMA) to the City. As part of the CMA, UPRR staff will construct the at-grade railroad crossing improvements while the City's contractor will be responsible for constructing the sidewalk. The UPRR estimates the cost of at-grade crossing improvements to be $234,083.00 which also includes a one-time fee of $1,000.00 for the preparation and execution of the CMA. The final cost of the improvements will be determined upon completion, and City will be billed for actual costs only. The City staff has been contesting these costs with UPRR over the past few weeks due to the existing conditions of the crossing. Staff believe that UPRR should be financially responsible for some portions of the cost associated with the crossing improvements; however, staff has been unsuccessful to date despite elevating these concerns to upper management. Staff believes it would be a disservice to the users of the roadway to not improve the railroad crossing as part this major Project. Based on experience of the lengthy approval process on Harvester Road Project, staff did not expect the UPRR to provide CMA in 2026. Additionally at the time the FY 2026 Budget was approved, the cost information was not available. Due to these reasons, the item is unbudgeted in 2026; however, there are savings available for these improvements that will be paid from Capital Projects Fund (Account No. 08- 34-53-4826) in FY 2026. ACTIONS PROPOSED: Approve Resolution No. 26-R-0054 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 Western Drive, in the amount not to exceed $235,083.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 119 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0054 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 WESTERN DRIVE, IN THE AMOUNT NOT TO EXCEED $235,083.00 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 Western Drive, in the amount not to exceed $235,083.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 120 ===== [Extraction: embedded PDF text] UP Real Estate Project No: 0807536 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Western Drive DOT# 174979X Mile Post 32.11 - West Chicago Yard West Chicago, Du Page County, State of Illinois THIS AGREEMENT ("Agreement") is made and entered into as of ___ _ ("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 W Hawthorne Lane, West Chicago, Illinois, 60185 ("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad's property for the existing at grade public road crossing over Western Drive at Railroad's Mile Post 32.11 on Railroad's West Chicago Yard at or near West Chicago, Du Page County, State of Illinois. The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the existing at grade public road crossing. The road crossing, as reconstructed and widened is hereinafter the "Roadway." The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad's location print marked Exhibit A and described in the Plans 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. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 121 ===== [Extraction: embedded PDF text] 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 ONE THOUSAND DOLLARS ($1,000.00) 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 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 2 Public Highway At-Grade Crossing Agreement DOT DOT# 174979X, Project 0807536 ===== PDF PAGE 122 ===== [Extraction: embedded PDF text] 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 File Folder No. 0807536 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 May 4, 2026, 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 Two Hundred Thirty Four Thousand Eighty Three Dollars ($234,083.00). 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. C. The Political Body acknowledges that the Estimate does 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 3 Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 123 ===== [Extraction: embedded PDF text] 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 three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. 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 hereby made a part of this Agreement by reference. 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. 4 Public Highway At-Grade Crossin11, A11,reement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 124 ===== [Extraction: embedded PDF text] 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 88, (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 DATE: TERM: 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 actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. 5 Public Highway At-Grade Crossing Agreement DOT DOT# I 74979X, Project 0807536 ===== PDF PAGE 125 ===== [Extraction: embedded PDF text] 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 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 6 Public Hi~way At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 126 ===== [Extraction: embedded PDF text] 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 B of this Agreement. 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: ----------- Tit Ie: --------------- CITY OF WEST CHICAGO By:--------------- Printed Name: ----------- Ti tie: --------------- 7 Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 127 ===== [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) EXHIBIT A Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 128 ===== [Extraction: embedded PDF text] !TOTAL CROSSING AREA: 1,440 SF. +/-I NO TE: BEFORE YOU BEGIN ANY WORK , SEE U@~!MlilJ' AGR EE MENT FOR FIBER OPT IC PROV ISIONS. EXHIBIT "A-2" REOUES TED UPRR ROW • • • • • • • UNION PACIFIC RAILROAD COMPANY CURRENT UPRR ROW • • • • • • • • • • WEST CHICAGO, DU PAGE COUNTY, IL M.P . 31.8 - WEST CHICAGO YARD UPRRCO.RIW OUTLINED • · ••···· -••-•·-·· • CNW/ I L/V2A/S3'1 SCALE : 1" = 50'CADD 0807536 FILENAME OFFICE OF REAL ESTATE OMAHA, NEBRASKA DAT E: 5-18-2026 SCAN AERIAL PRINT FILENAME DSK FI LE : 0807536 ===== PDF PAGE 129 ===== [Extraction: embedded PDF text] EXHIBIT A-1 TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A-1 will be the Plans of the Crossing Area (see Recitals) EXHIBIT A-1 Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 130 ===== [Extraction: OCR (rendered-page OCR)] (CROSSING PANELS Lo} (BY RR FORCES) ire = PEDESTRIAN CROSSING PANELS. 530 PEDESTRIAN CROSSING PANELS: o 2 fer RA Foncea) {8Y RR FORCES) zo a a ASPHALT APRON APPROACH N ASPHALT APRON APPROACH: r 4 S98 = =] EXWI0-1 SIGNAND R1S-8 (18°X9") EX WI0-1S8 ROUGH CROSSING’ PLAQUE 13" O/S SW, 12° FROM NEAR TRACK) ‘TO BE REMOVED —— ‘SCALE INFEET SIRARERO AI DETECTABLE WARNINGS (2X5) PR CONC SIDEWALKS (AGG BASE CSEA4 (TYP) EX SANITARY SEWER TO REMAIN: R1S-8 (16°K9") (EPOXY PAVEMENT MARKING. {3° OFS SW, 12' FROM NEAR TRACK) LETURDAND Reece MenTeciioy PR CURB ENDS 10° FROM CENTER OF TRACKS W10-4 (36° DIA) | DETECTABLE WARNINGS (7X5) PR SIG 4 BEGIN RECONSTRUCTION PANEL ON NEW POST ” uh Guewnann ‘OMISSION (STA +3755) _ Rh ce M4 Y é | ! -§ “Te 2 2 ; ° eae e* lo Cae ° si ° o 5 + = Sees = 2d = = : = ¥ = ‘©XSIGN PANELS & | POST TO BE RELOCATED (BY RR FORCES) ‘= ” zi | “| be, I eee (SRI) 4s . J aba LE s = a =F = a - ap hall iS —_— i eit ea aries PR CURB ENOS 10 FROM as - : 7 ‘ if [SSF oats ‘PR CURB ENDS 1X7 FROM CENTER OF TRACKS , | Sc I WESTERN DRIVE (CENTER OF TRACKS. “ « q “ — ————— (ose ore t - aa ee creme = o — a ; Aa. —————— “| r _—— — Row E $ Se ———— Sst ~ tT —— -- , asc ' a at Ouission sta se7.1) t Paes. ON SIR. FORT. CONCRETE CROSSING SURFACE | PR EPOXY PAVEMENT MARKING, (BY RR FORCES) Come CoG TBE.12(TYP) a EXSIGN PANELS & | \\e er curs enos 10 From CENTER OF TRACKS EX STORM SEWER TO REMAN: POST TO REMAIN } EXWI0-1 SIGN ANO (RNS, R12) 1 EX WIG-158 ROUGH CROSSING PLAQUE ' HMA ROADWAY APPROACH CONCRETE CROSSING PANELS: TOBEREMOVED pp ¢ WESTERN ORVE tevnn -onces) | @ennroncesy EXWATER MAIN TO BE ABANDONED : PR WATER MAIN 12 i LEGEND: ‘ ' (EX STORM SEWER TO REMAIN: 1 TITrrerrr UPAR EASEMENT UMITS: ' RECONSTRUCTION (TYP). g ig asiiz x ADDITIONAL CROSSING FOOTPRINT WITHIN PCG PAVT (JOINTED) 10 E : r UPRR EASEMENT (150 SF) ' \ y EXISTING CROSSING FOOTPRINT ' Yi WITHIN UPAR EASEMENT (1,021 SF) ' { fare) PR PAVEMENT WIDENING 1700 : ' 1 fl = | (fs sioewarx ' ' . nist cor amas ae mavens RAILROAD CROSSING ae wa CITY OF WEST CHICAGO WESTERN DRIVE Sac. mars oar re. aera es Eas a eee Toa ===== PDF PAGE 131 ===== [Extraction: embedded PDF text] N 20 40 i SCALE IN FEET 0 ::=e::: , __ , __ , __ , ~ Cl'._J ~ (.)u:: LEGEND: "'7777T7 UPRR EASEMENT UMJTS ~ a.. z ~ ADDITIONAL CROSSING FOOTPRINT WITHIN ~ UPRR EASEMENT (150 SF) 0z :;) Y77.)?";t EX!ST!NG CROSSING FOOTPRINT ~ WITHIN UPRR EASEMENT {1,021 SF) - PR PAVEMENT WIDENING PR SIDEWALK HRGreencom ,. , .. ,.,.,,, '!";-~~o_,n,o ,,. EXIIIIIT RAILROAD CRDIIING .._... CITY OF WEST CHICAGO .. --HAGreen. -·- JIIOr-)4'1. • WESTERN DRIVE ""' .. .... t;,a J 11"" I ~ ltetit ro, ·- -- - ===== PDF PAGE 132 ===== [Extraction: embedded PDF text] 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. 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 133 ===== [Extraction: embedded PDF text] 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 all appurtenances thereof. The appurtenances shall 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 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. 2 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 134 ===== [Extraction: embedded PDF text] 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 at the Political Body's expense. 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 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 3 EXHIBITS Public Highway At-Grade Crossing Agreement DOT DOT# I 74979X, Project 0807536 ===== PDF PAGE 135 ===== [Extraction: embedded PDF text] 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 Political Body, to the extent permitted by law, 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 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property 4 EXHIBITB Public Highway At-Grade Crossing Agreement DOT DOT# 174979X, Project 0807536 ===== PDF PAGE 136 ===== [Extraction: embedded PDF text] 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 137 ===== [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 requests or recommendations made by such representatives. If a representative 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 138 ===== [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 EXHIBITB Public Highway At-Grade Crossing Agreement DOT DOT# l 74979X, Project 0807536 ===== PDF PAGE 139 ===== [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 following 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 174979X, Project 0807536 ===== PDF PAGE 140 ===== [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 will be Railroad's Material and Force Account Estimate. EXHIBIT C - MF AE Public Highway At-Grade Crossing Agreement DOT DOT# 174979X, Project 0807S36 ===== PDF PAGE 141 ===== [Extraction: embedded PDF text] Preliminary 1951/Version 01/WEST CHICAGO YARD/DOT 174979X, WESTERN DRIVE, MP 32.11 / PRELIMINARY PRELIMINARY ESTIMATE ESTIMATE CREATION DATE: 05/04/2026 ESTIMATE GOOD UNTIL 06/04/2027 ESTIMATE 1951 VERSION 01 Preliminary Name: DOT 174979X, WESTERN DRIVE, MP 32.11 Subdlvlalon: WEST CHICAGO YARD Location: WEST CHICAGO, IL Description of Work: Remove existing asphalt between rails and replace with 56' concrete surface. PID/WO: 212257 Prepared For: City of West Chicago Buy America: N Woric Train Additive: FEDERAL 233.14% ( TRACK) Direct Labor Addttlve: FEDERAL 306-44% (TRACK) Homellne Freight Addttlve: FEDERAL 233 14% NcrtN QlY UOM un•Cool(&) U80R(8) MAmlAI.($) OTHER($) TOrAI.($) Engineering FtELO ENGINEERING EnglnR!!!lng 1 00 LS 30,371 00 30,371 00 H ,371 .N BILL PREP BIii Prep Fee - Surface Recollect LOO LS 1,200 . 00 1,200 . 00 1,211.ee SUbtot1l • $31,&71 ... $6.08 $6 .86 $31,571 .66 Site Work - Contractor ASPHALT CONTRACT A&phalt 1.00 LS 7,500 00 7 , 500 . 00 7, 588.81 ASPHALT CONTRACT Asphalt:SawCut 1 00 LS s,000 . 00 !5 , BilG .1H , 5,181 .81 TRAFFIC INTERCONNECT Traffic Control- Detour Signs & Coordlnallon 1 00 LS 10,000 00 10, 000 . 00 18,811 .18 subtotal • $6 ,H $a.ea $22,566 .86 822,066 .86 Track Construction - Contractor EQUIPMENT RENTAL Equipment Rental 1 00 LS 15, 000 ,80 1s,000 ee 15,888.86 subtotal .. $8 .88 $8.88 $16,BBl .88 $15,866 .88 Track Construction - UPRR TRACK 13611' CWRISO 24-8'6" PPHWO N 16 TP NEW 1600 TF 328 . 58 1 , 972 . 47 3 , 12&. 40 156.-48 !,257,35 TRACK Transillcn Rail- 136# NEW 400 EA 5,533 , 15 5, 535 , 61 16,123 . 41 473 . 59 22,132 . 61 TRACK Surfacing-Yard SURFACE lSOOOTF 141 , 59 16,415 , 83 3 , 490 . 50 1,332 22 21,238 .S5 ROAO_CROSSING RDXING 136# CONlOW 10' LOOSE PAN TIES COMPLETE NEW 56,00 TF 1,284 , 73 44 ,092 91 24,084 . 52 3,767 . 23 71,144.66 TRACK Remove Track REMOVE 72,00 TF 62 , 59 4,151.12 355 . 20 4,586 .82 ROJ\D,.Cf.10.'\SI.N'G Remove read crossing/Prefab - Publlc REMOVE 38,00 TF 853 , 48 l'9.. 816 .1Jl 2, 556 , 35 32 ,-432.96 MOBILIZATION Mobillzalion - UPRR 1,.00 DA 7. 500 .00 7,500 . 00 7,688.88 subtotal • 8112,64.1 ,95 $-46,126 ,83 $16,141.87 $165, 911 . 85 ESTIMATE 1961 VERSION 01 TOTAL ■ S133,6Hi $-46,827 $53,641 $234,813 Dlaclalmer. The above figures are estimates only and are subject to fluctuatlon. In the event of an Increase« decrease In cost or amount of mate~al or lab« required, the Re111Jonslble Party will pay actual costs at rates effective at the time of conatructlon per terms of construction agreement. ===== PDF PAGE 142 ===== [Extraction: embedded PDF text] Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit D will be the Railroad's then current form of Contractor's Right of Entry. I EXHIBIT D to Exhibit D - Contractor's Right of Entry Public Highway At-Grade Crossing Agreement DOT DOT# 174979X, Project 0807536 ===== PDF PAGE 143 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Project No. Projects Form Approved 02/09/.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 - DEflNIJION 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 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 CONPIJIONS 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 144 ===== [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 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 145 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/091.2022 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. ARTICLE 8 - PBECON§JRUCJION 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. APMINISJRAIIYE 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 MUTCP AND EBA 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 146 ===== [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 147 ===== [Extraction: embedded PDF text] EXH!BIIA m CONTRACTOR'S BIGHT Of ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. ===== PDF PAGE 148 ===== [Extraction: embedded PDF text] ITOT AL CROSSING AREA: 1,440 SF. +/- ! NOTE: BEFORE YOU BEGIN ANY WORK, SEE U@igliiJ[Q)' AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A -2 " REQUESTED UPRR ROW . ...... UNION PACIFIC RAILROAD COMPANY CURRENT UPRR ROW .. • • • • • • • • WE ST CHICAGO, DU PAGE COUNTY, IL M.P . 31 . 8 - WE ST CHICAGO YARD UPRRCO. R/ W OUTLINED · ·· ····· -••-••-•• · CNW/IL/V2A/S3'1 SC ALE: 1" = 50'CADD 0807536 FILENAME OFFI CE OF REAL ESTATE OMAHA, NEBRASK A DATE: 5-18-2026SC AN AERIAL PRINT FILENAME OSK FI LE: 0807536 ===== PDF PAGE 149 ===== [Extraction: embedded PDF text] EXHIBITB 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. 8. 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 ===== PDF PAGE 150 ===== [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. LIMITATION AND SUBOBPINAJION OF 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 151 ===== [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 EIBER 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 WIJH 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 152 ===== [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. INPEMNIJY. 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 153 ===== [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 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 154 ===== [Extraction: embedded PDF text] 6 ===== PDF PAGE 155 ===== [Extraction: embedded PDF text] EXHIBIJC IQ CONTRACTOR'S BIGHT 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 LjabHjty 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. Busjness Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 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' Compensatjon and Employers' Ljabjljty 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. RaUroad Protectjye LjabiUty 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 156 ===== [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. PoUytjon Ljabmty 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 CGL or 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 Reayjrements 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 157 ===== [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 158 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Resolution No. 26-R-0055 - Construction and Maintenance Agreement with the Union Pacific Railroad Company for an At-Grade Crossing and Pedestrian COMMITTEE AGENDA DATE: July 2, 2026 COUNCIL AGENDA DATE: July 20, 2026Sidewalk on Downs Drive in the amount not to exceed $237,552.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE. _________ _ ITEM SUMMARY The City is in the process of reconstructing Downs Drive between Industrial Drive and Kress Road as part of its Industrial Area Street Improvements Project - Phase A (Project). The scope of the project includes reconstruction of the roadway, drainage improvements, watermain replacement, curb and gutter, 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 174978R. Roadway widening and a pedestrian sidewalk are proposed to provide for a safe pedestrian route within the Project limits in alignment with the City's Complete Street Policy. Proposing a widening and a sidewalk on Downs Drive required a permit from the UPRR for the sidewalk grade crossing at the railroad spur. On February 2, 2026, a Reimbursement Agreement for Preliminary Engineering Services between the City and the UPRR was approved administratively to begin the permitting process and design phase. The design phase is now complete and 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 roadway widening and the sidewalk. The UPRR estimates the cost of at-grade crossing improvements to be $237,552.00 which also includes a one-time fee of $1,000.00 for the preparation and execution of the CMA. The final cost of the improvements will be determined upon completion, and City will be billed for actual costs only. The City staff has been contesting these costs with UPRR over the past few weeks due to the existing conditions of the crossing. Staff believe that UPRR should be financially responsible for some portions of the cost associated with the crossing improvements; however, staff has been unsuccessful to date despite elevating these concerns to upper management. Staff believes it would be a disservice to the users of the roadway to not improve the railroad crossing as part this major Project. In FY 2026, Capital Projects Fund (Account No. 08-34-53-4807) included $175,000.00 for crossing surface improvements. There are savings available in Capital Projects Fund (Account No. 08-34-53- 4826) to fund the difference of $62,552.00. ACTIONS PROPOSED: Approve Resolution No. 26-R-0055 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 Downs Drive, in the amount not to exceed $237,552.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 159 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0055 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 DOWNS DRIVE, IN THE AMOUNT NOT TO EXCEED $237,552.00 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 Downs Drive, in the amount not to exceed $237,552.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 160 ===== [Extraction: embedded PDF text] UP Real Estate Project No: 0807536 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Downs Drive DOT# 174978R Mile Post 31.804- West Chicago Yard West Chicago, Du Page County, State of Illinois THIS AGREEMENT ("Agreement") is made and entered into as of ---- ("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 W Hawthorne Lane, West Chicago, Illinois, 60185 ("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad's property for the existing at grade public road crossing over Downs Drive at Railroad's Mile Post 31.804 on Railroad's West Chicago Yard at or near West Chicago, Du Page County, State of Illinois. The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the existing at grade public road crossing. The road crossing, as reconstructed and widened is hereinafter the "Roadway." The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad's location print marked Exhibit A and described in the Plans 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. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 161 ===== [Extraction: embedded PDF text] 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 ONE THOUSAND DOLLARS ($1,000.00) 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. 8. 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 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 2 Public Highway At-Grade Crossing Agreement DOT DOT# I 74978R, Project 0807536 ===== PDF PAGE 162 ===== [Extraction: embedded PDF text] 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 File Folder No. 0807536 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 B are 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 May 4, 2026, 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 Two Hundred Thirty Six Thousand Five Hundred Fifty Two Dollars ($236,552.00). 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. C. The Political Body acknowledges that the Estimate does 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 3 Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 163 ===== [Extraction: embedded PDF text] 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 three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. 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 hereby made a part of this Agreement by reference. 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. Section 9. NON-RAILROAD IMPROVEMENTS 4 Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 164 ===== [Extraction: embedded PDF text] 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 DATE: TERM: 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 actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE 5 Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 165 ===== [Extraction: embedded PDF text] 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 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 6 Public Highway At-Grade Crossing Agreement DOT DOT# 174978R, Project 0807536 ===== PDF PAGE 166 ===== [Extraction: embedded PDF text] (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 B of this Agreement. 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: ----------- Ti tie: - - ------------- CITY OF WEST CHICAGO By: --------------- Printed Name: ----------- Ti tie: --------------- 7 Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 167 ===== [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) EXHIBIT A Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 168 ===== [Extraction: embedded PDF text] NOTE: BEFORE YOU BEG[N ANY WORK, SEE U@~INl©l• AGREEMENT FOR F[BER OPT[C PROV[S[ONS . EXH[B[T "A" REQUESTED UPRR ROW • •••••• UNION PACIFIC RAILROAD COMPANY CURRENT UPRR ROW • • • • • • • .. • WEST CHICAGO, OU PAGE COUNTY, IL M.P. 31.8 - WEST CH[CAGO YARD UPRRCO. R/W OUTLINED· ······· -•·-··- · · · CNW/[L/V2A/S34 SCALE: 1" = 50'CAOO 0807536 F[LENAME OFF[CE OF REAL ESTATE OMAHA, NEBRASKA DATE: 5-11-2026SCAN AER[AL PR[NT F[LENAME OSK F[LE: 0807536 ===== PDF PAGE 169 ===== [Extraction: embedded PDF text] EXHIBIT A-1 TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A-1 will be the Plans of the Crossing Area (see Recitals) EXHIBIT A-1 Public Highway At-Grade Crossing Agreement DOT DOT# 174978R, Project0807536 ===== PDF PAGE 170 ===== [Extraction: OCR (rendered-page OCR)] PEDESTRIAN RARRCAD: CROSSING PANELS: [BY RA FORCES) PEDESTRIAN CROSSING PANELS (BY RA FORCES) | ASPHALT APRON APPROACH (1°x9") (3! O/S SW, 12° FROM NEAR TRACK) DETECTABLE WARNINGS (2x5) EX.WATER MAIN TO BiE ABANQONED: PR CURS ENDS 10° FROM CENTER OF TRACKS: © Nel BEGIN RECONSTRUCTION: OMISSION (STA, +85,7) AGGREGATE SHOULDER (BY RR FORCES) ASPHALT APRON APPRONOH 4 ‘SCALE IN FEET |EX NO PARKING’ SIGN TO BE REMOVED | (3° O/S SW, 12 FROM NEAR TRACK) (PR CONC SIDEWALK § DETECTABLE WARNINGS (2x5') AGG BASE CSEA4 (TYP) ‘PR CURB ENOS 10 FROM EX W10-1 SIGN AND (CENTER OF TRACKS EX W10-1$8 ROUGH CROSSING’ PLAQUE TO BE REMOVED EX SIGN PANELS & POST TOREMAN (PR EPOXY PAVEMENT MARKING, (RIS, R12) LUNE 2¢", WHITE (TYP) END RECONSTRUCTION ‘OMISSION (STA, +952) © Wio-1 (38" DIA) FR SIGN PANEL ON NEW POST HAGreen. | ° | POST TO BE RELOCATED Lc (R11, R12) a o | PR q DOWNS ORE g ie) gh A ar PR CURB ENDS 10° FROM CENTER OF TRACKS EX W10-1 SIGKANO PR WATER MAIN 12) PANEL ON NEW POST 2ai tn eee reat EX.W10-153 ROUGH CROSSING PLAQUE (GY RA FORCES) To) LEGENO; TOBE REMOVED EX SANITARY SEWER TO REMAIN (SOS BOC, 6° FROM STOP BAR) = PR EPOXY PAVEMENT MARKING, z LETTERS AND SYMBOLS, WHITE (TYP) =) TITTTTTTT PRR EASEMENT LIMITS PR CURB ENOS 10 FROM CENTER OF TRACKS: wig 136° Day RECONSTRUCTION TYP) sap pnal aasiss PR SIGN ’ 8 n PANEL ON NEW POST PCC PAVT JOINTED) 10 CONCRETE CROSSING PANELS: RES ADDITIONAL casey So aliaeall WITHIN IBY RR FORCES) - UPRR EASEMENT (352 SF) 1700 EXISTING CROSSING FOOTPRINT WITHIN UPRR EASEMENT (B19 SF) fr PR PAVEMENT WIDENING 1600 s i! PR SIDEWALK CITY OF WEST CHICAGO RASS hanes oo ===== PDF PAGE 171 ===== [Extraction: embedded PDF text] I'll 20 40 i SCALE INFEET 0 --••<--=c:::::=:::,,~ r- •- -~--DOW~S~RIV~ _ _ __,_~l ----=-·- . -- -- - ·----·~.. --·-.. ~==,:-~~ ,_____!:.:=-~--=---=:::=- /.,. \_} I , ~.!::::......'--·----- I~ I 1 '' :! ' ~--;~~,_~r.:=~~:":!_;.:::::~!t:=--,__ ' '\-,,...,=-~ff"r - -, • · ' <0 0 ....J 0:: LEGEND: i i ~ rrrrrrr,r UPRR EASEMENT LIMITS ~ (.) ~ ~ u:: ~ ADDITIONAL CR.OSSING ~ u I ~ UPRR EASEMENT (351 SF) <0.. FOOTPRINT WITHIN z ~ EXISTING CROSSING FOOTPRINT Q V///A WITHIN UPRR EASEMENT (819 SF) z ::J PR PAVEMENT WIDENING '.. PR SlDEWALK HRGra■n com ......... .. .. cm OFWUTCHl~O IWIJIOAD CIIOUING EllHIIIT SECTIO"'HAGreen. ~-=:;;- """"" -DRIVE .. CONTRAC,f MO. ~"D .. ~- ===== PDF PAGE 172 ===== [Extraction: embedded PDF text] 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 nonparty 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. 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 174978R, Project 0807536 ===== PDF PAGE 173 ===== [Extraction: embedded PDF text] 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 all appurtenances thereof. The appurtenances shall 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 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. 2 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 174 ===== [Extraction: embedded PDF text] 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 at the Political Body's expense. 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 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 3 EXHIBITB Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 175 ===== [Extraction: embedded PDF text] 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 Political Body, to the extent permitted by law, 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 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property 4 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 176 ===== [Extraction: embedded PDF text] 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# I 74978R, Project 0807536 ===== PDF PAGE 177 ===== [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 requests or recommendations made by such representatives. If a representative 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 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 174978R, Project 0807536 ===== PDF PAGE 178 ===== [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 EXHIBITB Public Highway At-Grade Crossing Agreement DOT DOT# 174978R, Project 0807536 ===== PDF PAGE 179 ===== [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 following 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 EXHIBIT B Public Highway At-Grade Crossing Agreement lJO'l' lJO'l'# I "/4lJ'/81{, ProJecl U8U'/).l6 ===== PDF PAGE 180 ===== [Extraction: embedded PDF text] Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, A VP-Law EXHIBITC TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C will be Railroad's Material and Force Account Estimate. EXHIBIT C - MF AE Public Highway At-Grade Crossing Agreement DOT DOT# l 74978R, Project 0807536 ===== PDF PAGE 181 ===== [Extraction: embedded PDF text] Preliminary 1948/Version 01/WEST CHICAGO YARD/DOT 174978R, DOWNS DRIVE, MP 31 .80/PRELIMINARY PRELIMINARY ESTIMATE ESTIM"TE CREATION O"TE: 05104/20%6 ESTIMATE GOOD UNTIL 06/04/20%7 ESTIMATE 1948 VERSION 01 Preliminary Name: DOT 174978R, DOWNS DRIVE, MP 31 .80 SUbdlvlalon: WEST CHICAGO YARD Location: WEST CHICAGO, IL Deacrtl)llon of Work: Remove existing 28' rubber surface and replace with 64' concrete surface. PIO/WO: 212258 Prepared For. City of West Chicago Buy America: N Work Train Additive: FEDERAL233.14% (TRACK) Direct Labor Additive: FEDERAL 306.44% (TRACK) Homellne Freight Additive: FEDERAL233,14% UOM UnllCool(S} LAIIOR($) MAlDIAI.($) D1HER($) TOTAi.($) - Q1Y Engineering FIELO ENGINEERING Engineering 1 00 LS 30,596 .00 30,. 596 . 00 H,5H .81 BILL PREP BIii Prep Fee - Surface Recollect 1 00 LS 1,208. 90 t.2.88.80 1,2ff.tt 831,796.88 SUbtatal • 831,796 .81 ,.... ..... Site Work - Contractor ASPHALT CONTRACT Asphalt 1 00 LS 7. 500 . 00 7,500 00 7,588.11 ASPHALT CONTRACT Asphalt Saw Cut 1 00 LS 5,000.00 5,000.00 1,888.11 TRAFFIC INTERCONNECT n-.rt.ic Cornrot • Dt1avr.&lgr1t A Cl)()fd,n,i159n 1 00 LS 10,000, 00 10,000.00 18,888.M subtotal • $22,618.88 $22,111 .81 ..... ,.... Tracie Construction - Contractor EQUIPMENT RENTAL EquipmMt Rental 1 OD LS 15,000 -00 15,000 .00 15,BH.N SUbtotal = $8 .88 $I.ff $16,881.81 $16,111.81 Tracie Construction - UPRR ROAO_CROSSING RDXING 136# CONl OW 1 O' LOOSE PAN TIES COMPLETE NEW 6400TF 1,26-4 73 50,392 ,, 27,525 . 17 4,305 , 42 12,222.78 TRACK 136# CWRISO 24-8'6" PPHWO N 16 TP NEW 1600TF 328 . 58 1,972 47 3,128.40 156 ~ ◄8 lii,257 .35 TRACK T,.,ultion Rall- 136# NEW 4.00 EA 5,533 , 15 5,535.61 16,123.41 473 . 59 22,132 .61 TRACK Surfacing-Yard SURFACE 15000TF 141 59 16,415. 03 3,490.50 1. 332 . 22 21 ,231 . H ROAO_ChOSSING Remove road crossing/Prefab - Public REMOVE 28,00 TF 053 48 22,013 . 83 11 8"33 .0l 23 ,107.46 TRACK Remove Track REMOVE 80,00 TF 62.59 4,612 .35 394,66 &,H7.81 MOBILIZATION MablHzallon - UPRR 1.00 DA 7,500.00 7,500.00 7, 688.H subtotal • $111 ,942.21 $68,267.48 $16,146.88 $167,211.68 ESTIMATE 1MB VERSION D1 TOTAL• &132,7311 $61,267 $63,~6 $236,552 Dlscfalmer. The above llgla'ea are estimates only and are subject to fluCluatfon. In the event of an Increase or decreaae In cost or amount of materlal or labor required, the Raapcnalble Party wtll pay aclual costs Ill ratea effectlve at the tlma of conatructlon per terms of construction agreement. ===== PDF PAGE 182 ===== [Extraction: embedded PDF text] Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit D will be the Railroad's then current form of Contractor's Right of Entry. 1 EXHIBIT D to Exhibit D- Contractor's Right ofEntry Public Highway At-Grade Crossing Agreement -OOT DOT# l 74978R, Project 0807536 • ===== PDF PAGE 183 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Project No. Projects Form Approved 02/0912022 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT CONTRACTOR'S BIGHT 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 Railroad and ______________ _ _ 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 - PEEINIIION 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: PYBPO§E. 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 CQNTAINE;C IN (;XHIBIIS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. l ===== PDF PAGE 184 ===== [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 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 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 185 ===== [Extraction: embedded PDF text] Contractor's Right of Entry Public Projects Form Approved 02/091.2022 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. 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 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 1 o. ADMtNlSTRAJIYE 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 FRA GUIPEUNES. 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 186 ===== [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 187 ===== [Extraction: embedded PDF text] EXHIBIIA IQ CONTRACTOR'S RIGHT Of ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. ===== PDF PAGE 188 ===== [Extraction: OCR (rendered-page OCR)] CURRENT UPRR ROW: 1,261 SF. +/ i OTAL CROSSING AREA: 1,801 inp ae =? ~ on NOTE: BEFORE YOU BEGIN ANY WORK. SEE LEGEND: AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT “A” UNION PACIFIC RAILROAD COMPANY CURRENT UPRR ROW WEST CHICAGO. DU PAGE COUNTY. IL M.P. 31.8 - WEST CHICAGO YARD REQUESTED UPRR ROW -++-->- UPRRCO. R/W OUTLINED 7 CNW/IL/V2A/S34 CADD 0807536 SCALE: 1° = 50 F [LENAME OFFICE OF REAL ESTATE Scan TT eT ICG OMAHA, NEBRASKA DATE: 5-11-2026 Pitan 05K FILE: 0807536 ===== PDF PAGE 189 ===== [Extraction: embedded PDF text] EXHIBIIB IQ CONTRACTOR'S BIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PBIYAJE 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 protectiye 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 190 ===== [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. LIMIJAJION AND SUBORDINATION OF 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 191 ===== [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 - COMPUANCE 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 192 ===== [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 193 ===== [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. INNO 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 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 1O 01 (or a substitute form providing equivalent coverage) for the job site. 5 ===== PDF PAGE 194 ===== [Extraction: embedded PDF text] 6 ===== PDF PAGE 195 ===== [Extraction: embedded PDF text] EXHIBIT C IQ CONTRACTOR'S BIGHT 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 Ljabmty 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. Bysjness Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 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' Compensatjon and Employers' Ljabmtv 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. Rajlroad Protectjye Liabjlity 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 196 ===== [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. PoUytjon LjabUjty 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 Requirements 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 197 ===== [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 198 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUGTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4"tt-.Resolution No. 26-R-0056 - Contract Award - Bee Liner Lean Services - Base Bid + Alternate 1 + Alternate 2 and Alternate 3 COMMITTEE AGENDA DATE: July 2, 2026 related to the West Chicago City Museum Building COUNCIL AGENDA DATE: July 20, 2026 Improvements Project at 132 Main St in an amount not to exceed $523,000.00 STAFF REVIEW: Mehul Patel, P.E., CFM, Director of Public Works SIGNATURE APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE ITEM SUMMARY: The City Museum, located at 132 Main St, is a three-story masonry building constructed in approximately 1884. The building served as West Chicago's Town Hall and public safety headquarters before becoming the City Museum in 1975. It is listed on the National Register of Historic Places for its architectural and civic significance. The primary entrance to the ground floor is from Main St while a secondary entrance to the lower level is from Turner Ct. There have not been any major improvements made to this building in a very long time. The building is old, and identified concerns include, but are not limited to, deteriorating masonry fac;ade, non-compliance with current Americans with Disabilities Act (ADA) requirements, rusting fire escape, lead paint, aging HVAC equipment, roof damages, deteriorating windows and doors, etc. All these concerns are expected due to the age of the building. The City executed a professional architectural design and construction management services contract with Kluber, Inc. in December of 2025. Kluber's scope of work includes project management, data collection, preparation of design drawings and specification, bidding assistance, construction oversight, preparation of cost estimates, review pay estimates, shop drawing review and approval as well as general project administration. The scope of work includes: roof replacement, interior roof access hatch, evaluate and replace rooftop HVAC condensing units and associated piping as well as electrical components as part of the Base Bid. The window and door replacements (excluding the two Main St entrances and Turner Ct entrance) on various floors are included as Alternates 1 and 2 while fire escape repairs are listed as Alternate 3. The Project (COA 26-05) appeared in front of the Historical Preservation Commission (HPC) on March 24, 2026. The alternate bid options were prepared due to anticipated budgetary constraints. The Project was advertised for bids in the Daily Herald as well as on QuestCDN (an online bidding platform) on June 2, 2026. A mandatory onsite pre-bid was conducted on June 9, 2026. Five bids were received on June 23, 2026. Staalsen Construction Company, Inc. (SCCI) submitted the lowest responsible bid. A summary of the results is included below. Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Total w/Alt. Rank Staalsen Construction $184,040.00 $37,450.00 $70,620.00 $142,310.00 $434,420.00 1 Company, Inc. (Chicago, IL)* Bee Liner Lean Services $315,000.00 $42.000.00 $59,000.00 $107,000.00 $523,000.00 2 (Bridgeview, IL) Petra Builder Inc. (Naperville, $315,200.00 $31,500.00 $59,700.00 $172,500.00 $578,900.00 3 IL) AHAL Construction LLC $375,000.00 $38,000.00 $61,100.00 $135,500.00 $609,600.00 4 (Chicago, IL) Industrial Construction Services $441,182.00 $59,466.00 $108,273.00 $163,649.00 $772,570.00 5 (Des Plaines, IL) Estimate $467,000.00 NIA ===== PDF PAGE 199 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO *Withdrew its bid after the bid opening On June 24, 2026, SCCI via email communicated to the City that it missed including the HVAC portion of the post in its base bid and offered a revised base bid price, which is not allowed. Consequently, SCCI submitted a letter to withdraw its bid from consideration which was granted. Bee Liner Lean Services (BLLS) is the next responsible low bidder. Kluber conducted a bid scope review of the remaining bidders. While noting previous schedule and performance concerns on unrelated projects involving Bee Liner Lean Services, Kluber determined the bid to be responsive and complete. Kluber did not make a contractor recommendation and indicated the award decision should be based on the City's evaluation of the bids. In 2026, Capital Projects Fund (08-34-53-4801) includes $400,000 for this Project. There are savings available in the same fund to cover the difference of $123,000. Staff recommends approval of the contract award. ACTIONS PROPOSED: Approve Resolution No. 26-R-0056 authorizing the Mayor to award a construction Contract to Bee Liner Lean Services of Bridgeview, Illinois for the Base Bid + Alternate 1 + Alternate 2 + Alternate 3 related to the West Chicago City Museum Building Improvements Project at 132 Main St in an amount not to exceed $523,000.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 200 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0056 A RESOLUTION AUTHORIZING THE MAYOR TO AWARD A CONSTRUCTION CONTRACT TO BEE LINER LEAN SERVICES OF BRIDGEVIEW, ILLINOIS FOR THE BASE BID+ ALTERNATE 1 + ALTERNATE 2 + ALTERNATE 3 RELATED TO THE WEST CHICAGO CITY MUSEUM BUILDING IMPROVEMENTS PROJECT AT 132 MAIN ST IN AN AMOUNT NOT TO EXCEED $523,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to award a construction Contract to Bee Liner Lean Services of Bridgeview, Illinois for the Base Bid+ Alternate I + Alternate 2 + Alternate 3 related to the West Chicago City Museum Building Improvements Project at 132 Main St in an amount not to exceed $523,000.00 for the City Museum Building Improvements Project at 132 Main Street, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 201 ===== [Extraction: embedded PDF text] KluberArchitects+ Engineers www.kluberinc.com June 25.2026 Mehul Patel Director of Public Works City of West Chicago 475 Main Street West Chicago, IL 60185 RE: Bid Results City Museum Renovation Kluber Project No. 25-473-1664 Dear Mr. Patel, On June 23, 2026, bids were publicly opened and read aloud for the above-referenced project. Five contractors chose to submit bids for the project. The low base bid was submitted by Staalsen Construction Company, Inc. from Chicago, IL in the amount of $184,040.00. The second lowest base bid was submitted by Bee Liner Lean Services from Bridgeview, IL in the amount of $315,000.00. The third lowest base was submitted by Petra Builder, Inc. from Naperville IL in the amount of $315,200.00. See attached bid tabulation for details on bid results. We conducted a Contractor Bid Scope Review with these bidders and can report the following: • Staalsen failed to include the HVAC scope and has requested to be allowed to withdraw its bid from consideration. • Bee Liner Lean Services has recently performed two projects, for which Kluber is the ArchitecUEngineer, and both projects had significant schedule and performance issues; neither of our clients is inclined to recommend this contractor. Notwithstanding that, the references Bee Liner provided checked out okay, and we believe their bid to be responsive and complete. However, their roofer might not have the experience required to work successfully with the mason. • We believe Petra's bid to be responsive and complete and although they were closed due to Covid 19 and reopened their business late last year, they previously had a long work history, however we have never worked with them. Therefore, Kluber would like to stay neutral on this matter, and the Board may wish to award the contract based on cost alone. The information contained herein and in the attached bid tabulation is provided to you for reference and use in your 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, ~:ob--Clayton D. Haldeman, AIA, NCARB, LEED AP Director of Architecture, Project Manager Kluber Architects + Engineers Attachments: Bid Tabulation Cc: Dave Shah, Assistant Director of Public Works Corporate Office Bloomington Office 41 West Benton St1eet 2401 East Washington Street Aurora. Illinois 60506 Suite 200-B2 630.406.1213 Bloomington, Illinois 61704 309 430.6460 ===== PDF PAGE 202 ===== [Extraction: embedded PDF text] BID TABULATION Contract Type: Single Contract, Stipulated Sum Architects + Engineers Kluber Project No.: 25-473-1664 Project : City Museum Renovation Owner: West Chicago N z0 :a:0 § § 11Q "b .., ..,m "b-., ~ ~-., Allcrnatc Altcmote Altornatc Total with Plan Holder Location iii -,; -,; Bag~ Bid No. 1 No. 2 No. 3 Allemate; Comments 1 Staalsen Construction Company, Inc. Chicago, IL y y y $184,040 00 $37,450.00 $70,620.00 $142,310.00 $434,420.00 2 Bee Liner Lean Services Bridgeview, IL y y y $315,000.00 $42,000.00 $59,000.00 $107,000.00 $523,000.00 3 Petra Builder Inc. Naperville, IL y y y $315,200,00 $31,500 00 $59,700.00 $172,500 00 $578,900.00 4 AHAL Construction, LLC. Chicago, IL y y y $375,000.00 $38,000.00 $61,100.00 $135,500,00 $609,600.00 5 lndustria Construction Services Des Plaines, IL y y y $441, 182.00 $59,466.00 $108,273.00 $163,649.00 $772,570.00 ===== PDF PAGE 203 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Lf- ,--:J._, Resolution No. 26-R-0057 - Letter of Understanding Agreement FILE NUMBER: _____ _ with Illinois Department of Transportation for the Maintenance of proposed Traffic Control Device at State Route IL-38 (Roosevelt COMMITTEE AGENDA DATE: July 2, 2026 COUNCIL AGENDA DATE: July 20, 2026Road) and Technology Boulevard STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE _________ _ ITEM SUMMARY: The DuPage Business Park, on the southwest side of West Chicago, has seen major developments recently, resulting in increased traffic volume. To protect the safety of motorists, the City desires to install a traffic control device at the intersection of IL-38 (Roosevelt Road) and Technology Boulevard. The Illinois Department of Transportation (IDOT) has jurisdiction over IL-38, while the City has jurisdiction over Technology Boulevard. In 2020, State Senator Karina Villa, as part of the Public Act 102-0017, included funding for improvements associated with this traffic control device to be appropriated from the Build Illinois Bond Fund via the Illinois Department of Commerce and Economic Opportunity (DCEO). The grant agreement was fully executed by DCEO on September 27, 2023. On March 16, 2026, the City Council approved Resolution No. 26-R-0005 awarding the Traffic Signal Installation Project (Project) at IL-38 and Technology Boulevard to Helm Electric Facility Solutions, Inc. in an amount not to exceed $949,539.50. For DCEO funded projects, the City must pay for the Project costs and seek reimbursement. The City plans to pay for this Project using the Motor Fuel Tax (MFT) funds. Due to the use of MFT funds and involvement of a state route, IDOT needs to approve the award of the Project. As part of the award process, the Letter of Understanding Agreement (LOU) with IDOT is required. The LOU states that the City of West Chicago will be fully responsible for all maintenance and energy related costs for this traffic control device. The LOU is attached for reference. The City currently has eighteen (18) signalized intersections and locations with traffic control devices along State highways, not including IL-38 and Technology Blvd. These devices are maintained by IDOT, but the City is responsible for payment of a percentage of maintenance via an Intergovernmental Agreement (IGA) with IDOT. On December 20, 2021, the City Council approved Resolution No. 21-R-0101 executing an IGA with IDOT for maintenance of traffic control devices located on State highways within corporate limits of City of West Chicago, for the term of July 1, 2021, thru June 30, 2031. This IGA will also need to be modified at a future date presumably after the proposed traffic control device at IL-38 and Technology Blvd is installed. Furthermore, along with the eighteen (18) signals located on State highways, there are two (2) signals located along Main St. All these traffic control devices are equipped with Emergency Vehicle Preemption (EVP) equipment, which in an emergency, yields the right of way for emergency vehicles to pass through the intersections without stopping. On January 17, 2022, the City Council approved Resolution No. 22-R-0008 authorizing an Intergovernmental Agreement with the West Chicago Fire Protection District (WCFPD) for installation and maintenance of Emergency Vehicle Preemption Equipment within City of West Chicago. The Project also includes installation of EVP devices. As such, the IGA with WCFPD also needs to be modified at a future date. ACTIONS PROPOSED: Approve Resolution 26-R-0057 authorizing the Mayor to execute a Letter of Understanding Agreement with the Illinois Department of Transportation for the maintenance of the proposed traffic control device at State Route IL-38 (Roosevelt Road) and Technology Boulevard COMMITTEE RECOMMENDATION: ===== PDF PAGE 204 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0057 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF UNDERSTANDING AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF PROPOSED TRAFFIC CONTROL DEVICE AT STATE ROUTE IL-38 (ROOSEVELT ROAD) AND TECHNOLOGY BOULEVARD 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 Letter of Understanding Agreement with the Illinois Department of Transportation for the maintenance of proposed traffic control device at State Route IL-3 8 (Roosevelt Road) and Technology Boulevard, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 205 ===== [Extraction: embedded PDF text] Illinois Department of lransportation Office of Highways Project Implementation I Region 1 / District 1 201 West Center Court I Schaumburg, Illinois 60196-1096 LOCAL ROADS AND STREETS Letter of Understanding (LOU/Agreement) City of West Chicago Location: FAP 347/IL 38 (Roosevelt Road) Section No.: 23-00089-00-CH County: DuPage County June 25. 2026 The Honorable Daniel BoveyMayor ~ ~v:~ City of West Chicago 4 75 Main Street West Chicago, IL 60185 ~vt~cr7~ •Dear Mayor Bovey: This Letter of Understanding (LOU) Agreement is made and entered into between the City of West Chicago referred to as the LPA and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as STATE and shall serve as a written record of maintenance and energy responsibilities for traffic signal IL 38 (Roosevelt Road) at Technology Boulevard, project being administered by the LPA. Please indicate the LPA's concurrence by signing this Original LOU. We ask that you return the signed original along with two (2) copies to our office for final processing. The following items are added: 1. All traffic control equipment to be used in the traffic signal work included herein must be approved by the STATE prior to its installation. The STATE must be notified of a minimum of seven (7) working days prior to the final inspection. Final inspection of the signalized intersection will be made by a representative of the STA TE, and, if satisfactory, authorization for activation will be given. 2. Upon acceptance of the traffic signal by the STATE the financial responsibility for maintenance and electrical energy for the operation of the traffic signal at the intersection shall be proportioned as follows: MAINTENANCE ELECTRICAL ENERGY IL 38 (Roosevelt Road) 0% STATE 0% STATE at Technology Boulevard 100% City of 100% City of West Chicago West Chicago ===== PDF PAGE 206 ===== [Extraction: embedded PDF text] Mr. Daniel Bovey June 25, 2026 Page 2 and shall become a part of the current Master Agreement executed between the LPA and the STATE. 3. The actual maintenance of the traffic signal at the above intersection will be performed by the STATE with its own forces or through ongoing contractual agreement. 4. Although the STATE's electrical contractor ("STATE's contractor") will inspect, make note, and keep inventory of the LPA owned EMERGENCY VEHICLE PRE-EMPTION ("EVP") system to support the maintenance of the EVP system, responsibility for maintenance of the EVP System shall be assumed by the LPA. Maintenance of the EVP system shall include the light detector amplifier, field wiring, light detectors, and cabinet appurtenances. The LPA will be invoiced for all such maintenance costs directly by the Department's contractor. When repair is necessary, the STATE's contractor shall notify the LPA that its EVP system is not operating or requires maintenance. When the repair or maintenance activity has been approved by the LPA, the maintenance will be provided by the STATE's contractor. The LPA may require end users of the emitters within its jurisdiction to enter into separate agreements with the STATE's contractor to have the emergency vehicle emitters tested in accordance with the recommendation of the Manufacturer of such equipment. 5. The STATE retains the right to control the sequence and timing of the traffic signals and interconnect. 6. Payment by the STATE of any or all of its share of maintenance is contingent upon the STATE receiving adequate funds in its annual appropriation. 7. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the signalized intersection which requires modernization or reconstruction to said traffic signal then the LPA agrees to be financially responsible for the entire costs in accordance with Department policy to modernize or reconstruct said installation and will be responsible for all costs to relocate or reconstruct the Emergency Vehicle Pre-emption equipment with the STATE's proposed improvement. All costs associated with the installation, future maintenance, or replacement of non-standard Department equipment, finish or hardware shall be the sole responsibility of the LPA. This includes, but is not limited to, painting of the signal hardware, aesthetic poles, etc. ===== PDF PAGE 207 ===== [Extraction: embedded PDF text] Mr. Daniel Bovey June 25, 2026 Page 3 If, in the future, another party wishes access into this signalized intersection, it shall be mandatory that the LPA negotiate with such party and prepare and present, to the STATE, a copy of the Formal Executed Agreement concerning the necessary revisions to this traffic signal installation and the responsibilities for maintenance and operating costs. Any revision for this signal installation or a change in access to this intersection must obtain the approval of the STA TE. The LPA is responsible for inspecting pavement markings and replacing them as necessary to ensure proper motorist, pedestrian, and bicyclist guidance and ensure that stop bars, symbols and crosswalks are in good condition. The LPA shall also be responsible for maintenance of the installed street name signs on approaches to a State highway from a local road. Because of the value of street name signs to motorists, local agencies shall provide such signs at all named State highway intersections. 8. Upon final field inspection of the improvement, the LPA agrees to maintain, or cause to be maintained, those portions of the improvement which are not maintained by the STATE. All provisions, conditions, restrictions and requirements of this Agreement shall be binding upon and inure to the benefit of the successors, assigns, administrators, executors or heirs of the parties hereto. At the end of this Letter of Understanding / Agreement, there is an area where you can state your concurrence with the project. Approval of this Letter of Understanding / Agreement shall be considered as concurrence with and acceptance of all terms contained herein and shall be binding upon and inure to the benefit of the LPA hereto, their successors and assigns. If you have any questions or need additional information, please contact Marilin Solomon at (847) 705-4643. Very truly yours, Jose Rios, P.E. Region One Engineer By: Charles F. Riddle, P.E. Bureau Chief of Local Roads and Streets ~Y\...ee..;--- ---- ===== PDF PAGE 208 ===== [Extraction: embedded PDF text] Concur with Traffic Signal Maintenance and Energy Costs: Date: Concur: Do Not Concur: Signature Concur with Emergency Vehicle Pre-emption Maintenance: Date: Concur: Do Not Concur: Signature ===== PDF PAGE 209 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4, y Resolution No. 26-R-0058 - Contract Award - Thomas Engineering Group, LLC for Construction Oversight COMMITTEE AGENDA DATE: July 2, 2026 Services of Public Improvements to be Constructed by Pritzker Realty Group for the Poorman Parkway COUNCIL AGENDA DATE: July 6, 2026 Subdivision Development Project STAFF REVIEW: John Sterrett, Community Developmenl SIGNATURE ~ Director APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE---------- ITEM SUMMARY: Pritzker Realty Group (PRG) is constructing a two-lot industrial subdivision that includes the installation of a new three-lane, two-way urban roadway, approximately 1,500 linear feet in length extending from Fabyan Parkway to the eastern project limits, located south of Roosevelt Road. The project includes installation of water main, sanitary sewer, storm sewer, street lighting, sidewalks, pavement markings, signage, and landscaping, as well as all associated appurtenances necessary to support the proposed development. Construction engineering services will be required to monitor the quality and progress of the work, verify compliance with approved plans and specifications, document construction activities, and assist the City in achieving successful project delivery. Thomas Engineering Group, LLC (TEG) currently serves as the City's municipal engineering consultant and is most familiar with City's construction standards, inspection procedures, and development requirements. Utilizing TEG will provide continuity with existing engineering services, allow for efficient coordination with City Staff, and ensure consistent inspection of public improvements. Therefore, it is staff's recommendation that a contract be awarded to Thomas Engineering Group, LLC for construction oversight services related to the Poorman Parkway Subdivision Development Project for an amount not to exceed $123,536.40. The cost of the inspection services will be incurred by Pritzker, which they previously paid with the issuance of their permit for the construction of the subdivision. ACTIONS PROPOSED: Approve Resolution No. 26-R-0058 authorizing the Mayor to execute a contract with Thomas Engineering Group, LLC for construction oversight services of public improvements, to be constructed by Pritzker Realty Group for the Poorman Parkway Subdivision Development Project, for an amount not to exceed $123,536.40. COMMITTEE RECOMMENDATION: Attachments: Draft Resolution; Proposal for Construction Engineering Services for Poorman Parkway Subdivision ===== PDF PAGE 210 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0058 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AGREEMENT WITH THOMAS ENGINEERING GROUP, LLC FOR CONSTRUCTION OVERSIGHT SERVICES OF PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY PRITZKER REALTY GROUP FOR THE POORMAN PARKWAY SUBDIVISION DEVELOPMENT PROJECT 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 Agreement for Construction Oversight Services of Public Improvements to be constructed by Pritzker Realty Group for the Poorman Parkway Subdivision Development Project, between the City of West Chicago and Thomas Engineering Group, LLC, for an amount not to exceed $123,536.40, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this __ day of __________ 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager Valeria Biggerstaff ===== PDF PAGE 211 ===== [Extraction: embedded PDF text] June 29, 2026 th ,.~ as. enginee r i ng group John Sterrett s e r v i c e o t t h e h i g h e s t g r o d e0 Director of Community Development 7 62 Shoreline Drive City of West Chicago Suite 200 475 Main Street Aurora, IL 60504 West Chicago, IL 60185 Re: Proposal for Construction Engineering Services for the Poorman Parkway Subdivision Dear Mr. Sterrett: Thomas Engineering Group, LLC (TEG) is pleased to submit the enclosed proposal to the City of West Chicago Community Development Department for Construction Engineering Services associated with the Poorman Parkway Subdivision located at the southeast corner of Fabyan Parkway and Roosevelt Road. TEG has proudly provided General Professional Engineering Services to the City of West Chicago since 2008 and values the strong working relationship we have developed with City staff over the past eighteen years. Through this partnership, our team has gained a thorough understanding of the City's standards, procedures, and expectations for public infrastructure improvements and private development projects. TEG also provided Construction Engineering Services for the Trillium Farm Subdivision, a three-phase, 84-lot residential development constructed on approximately 35 acres at the former Planter's Palette property located at the southeast corner of Garys Mill Road and Purnell Road. This experience provides our team with firsthand knowledge of the challenges and coordination requirements associated with subdivision construction within the City. Over the past eighteen years, TEG has overseen more than 100 capital improvement projects throughout West Chicago. Our staff understands the importance of maintaining quality control, minimizing disruptions, and delivering projects in accordance with approved plans, specifications, and schedules. For this assignment, TEG is proposing an experienced team led by Kevin VanDeWoestyne, P.E., ENV SP, Municipal Department Head, Doug Masters, Municipal Operations Supervisor, and a dedicated construction inspection team. Together, we bring extensive experience managing roadway, utility, and subdivision construction projects throughout the City of West Chicago. Their familiarity with City processes, staff expectations, and local development requirements will provide immediate value to the Project. We appreciate the opportunity to submit this proposal and look forward to continuing our partnership with the City of West Chicago. If you have any questions or require additional information, please call me at (847) 815-9500 or by e- mail at kevinv@thomas-engineering.com. Sincerely, thomas engineering group, lie ~ ✓-~ -- Kevin C. VanDe~ P.E., ENV SP Municipal Department Head ===== PDF PAGE 212 ===== [Extraction: embedded PDF text] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision The City of West Chicago is seeking professional engineering services to provide construction inspection and observation services for the Poorman Parkway Subdivision development. The development includes construction of a new three-lane, two-way urban roadway approximately 1,500 linear feet in length extending from Fabyan Parkway (County Route 21) to the eastern project limits, located south of Roosevelt Road. The Project also includes installation of water main, sanitary sewer, storm sewer, street lighting, sidewalks, pavement markings, signage, and landscaping, as well as all associated appurtenances necessary to support the proposed development. Construction engineering services will be required to monitor the quality and progress of the work, verify compliance with approved plans and specifications, document construction activities, and assist the City in achieving successful project delivery. PROJECT UNDERSTANDING TEG has reviewed the engineering plans for the Poorman Parkway Subdivision development prepared by Webster, McGrath & Ahlberg, Ltd. (WMA). We understand that the Project includes construction of onsite and offsite infrastructure improvements, including water main, sanitary sewer, storm sewer, roadway, sidewalk, and street lighting facilities necessary to support the proposed development. Our team recognizes the ,----------------,,---.---------~,-=., importance of quality ~VI.MIi. . construction practices and thorough inspection services to help protect the City from future operation and maintenance issues. Accordingly, TEG proposes to provide construction observation and inspection services for all critical components of utility and roadway construction to verify that the work is completed in substantial conformance with the approved plans, specifications, permit requirements, and applicable local, county, and state standards. Drawing upon our extensive experience with subdivision construction and municipal infrastructure projects throughout the City, TEG will work closely with the City, developer, contractor, and testing agencies to facilitate timely project delivery while maintaining a high standard of quality throughout construction. The Project includes construction of a typical urban roadway section consisting of PCC sidewalk, combination concrete curb and gutter, and full-depth HMA pavement within the proposed public right- of-way. TEG understands the critical relationship between proper subgrade preparation, stabilization, and compaction and the long-term performance of the roadway, curb and gutter, and sidewalk infrastructure. Our inspection staff will place particular emphasis on earthwork operations, proof rolling, thomos en gineering at the hlghHt grade. ===== PDF PAGE 213 ===== [Extraction: embedded PDF text] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision subgrade remediation, aggregate base installation, and pavement construction to help ensure the longevity ofthese public improvements. -..--...... .......... C.lln■, M"MIIA_._11.Na..'LT.N--...,...... C...-,.,NM ..,.. • .,,_c...- Mr'll-t.rtl6 ~ • ,r..,..., ..... _ ,CA,6) ·-- ..__......_....._.,. .... N ........ ..,....... ...1s POORMAN PARKWAY TYPICAL SECTION c5/rPVCIDII-H.....,, ... " The Project also includes offsite infrastructure improvements consisting of extensions of the City's existing water main and sanitary sewer systems along Fabyan Parkway and across Roosevelt Road (IL Route 38) to provide utility service to the development. TEG has extensive experience overseeing water main and sanitary sewer construction within municipal and state highway rights-of-way throughout the City of West Chicago and surrounding communities. Our familiarity with utility construction, traffic control requirements, agency coordination, and restoration requirements along heavily traveled roadways will help facilitate efficient construction and minimize disruptions to the traveling public. Based on our review of the plans and profiles, the Project includes construction of the following major utility improvements: • Approximately 4,950 linear feet of 12-inch ductile iron water main • Approximately 2,050 linear feet of 10-inch PVC SDR-26 sanitary sewer • More than 500 linear feet of reinforced concrete pipe (RCP) storm sewer • Approximately 1,500 linear feet of electrical unit duct for street lighting Our team understands the unique requirements and importance of this Project and looks forward to partnering with the City to provide construction inspection, shop drawing review, contractor coordination, documentation, and overall construction contract administration services. TEG is committed to delivering this Project with the highest level of professionalism, responsiveness, and technical expertise. The personnel identified for this assignment are trusted by the City and have a proven track record of successfully delivering infrastructure projects throughout West Chicago. Our team is dedicated to protecting the City's interests, maintaining quality throughout construction, and providing long-term value to the community through diligent oversight and exceptional service. The following section presents the organizational chart and provides brief descriptions of the personnel assigned to the project, their respective roles on the team, and a summary of relevant past project experience for each proposed team member. thomas eng ineering tile highest grade• ===== PDF PAGE 214 ===== [Extraction: embedded PDF text] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision ORGANIZATIONAL CHART Kevin VanDeWoestyne, P.E., ENV SP Project Principal Doug Masters Project Manager . Thomas Engineering Group ~ ~ Christopher DeYoung, P.E., P.L.S. Construction Inspection & Resident Engineering Staff Survey Services Lead • Jeff Klein, P.E. • Jeff Andrzejewski • Chuck Young ■ Matt Vitner, P.E. • Nathan Agoncillo ■ Stephen VanDeveer • Junaid Khan Mir TEG will provide a single point of contact, Doug Masters, Project Manager, who will be responsive to any City or Developer inquiry within 24 hours. Having led the City's municipal engineering services for more than five years, Mr. Masters possesses a comprehensive understanding of private development review processes and construction oversight within the City of West Chicago. Mr. Masters' primary role will be to serve as the sole point of contact for the City and to direct all inspection activities by assigning the appropriate technical personnel identified in the organizational chart. He will also be responsible for scheduling and communicating each inspection task within 24 business hours of notification. TEG recognizes the importance of responsiveness during fast-moving construction activities and is committed to meeting the 24-hour response requirement, while making every reasonable effort to respond sooner when possible. TEG is committed to being an active and engaged participant in the development process and will strive to ensure that engineering responsiveness is not a cause of project delay. We will coordinate closely with the developer and the developer's design team to help maintain project schedules and avoid unnecessary delays. Mr. Masters will coordinate all construction activities with TEG's Construction Inspection and Resident Engineering staff. themas engll'l•ertn ro at the hlghHt grode• ===== PDF PAGE 215 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision SCOPE OF SERVICES Private development inspections associated with infrastructure improvements for the Poorman Parkway Subdivision development are expected to include the following components: 1. Off-Site Utilities TEG will provide full-time inspection services for the extension of water and sanitary sewer systems to serve the development. A. Water Main e Pressure or other connections to existing water supply. e Pipe and structure placement. e City required hydrostatic testing and chlorination. B. Sanitary Sewer Infrastructure e Connections to existing structures. e Inspection prior to aggregate cover and backfill. e City required mandrel and air testing. e Vacuum testing manholes. 2. Poorman Parkway & On-Site Utilities TEG will provide full-time inspection of roadway construction, sidewalk construction and during pipe and structure placement for all water main, sanitary sewer, and storm sewer installation where appropriate, within City ROW or locations that will become City jurisdiction. A. Roadway, Pavement, & Sidewalk e Subgrade stabilization. e Base course installation. e Combination concrete curb and gutter installation. e HMA paving. e PCC sidewalk placement B. Water Main e Pressure or other connections to existing water supply. ¢ Pipe and structure placement. e City required hydrostatic testing and chlorination. C. Sanitary Sewer Infrastructure e Connections to existing structures. e Inspection prior to aggregate cover and backfill. e City required mandrel and air testing. e Vacuum testing manholes. D. Storm Sewer Infrastructure e Connections to existing structures. e Inspection prior to aggregate cover and backfill. thomas engineeting grOUpD Ilan TRV he Highest grade, ===== PDF PAGE 216 ===== [Extraction: embedded PDF text] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision 3. Overall Monitoring of Construction Activities A. Traffic Control & Protection TEG's staff will monitor daily construction activities including impacts to traffic, proper signage, construction entrances, and dust control. TEG will pay special attention to traffic control and immediately report and seek corrections of any deficiencies with the developer and the contractor. However, TEG does not anticipate completing formal daily or weekly traffic control inspections, unless otherwise directed by the City. B. Erosion and Sediment Control TEG's on-site staff will assess the erosion and sediment control devices and seek corrections of any deficiencies with the developer. However, it is our understanding that all maintenance and inspection responsibilities under the Storm Water Pollution Prevention Plan (SWPPP) will be performed by the developer's representative. This includes inspection of disturbed areas of the construction site that have not been finally stabilized, structural control measures, and locations where vehicles enter or exit the site at least once every seven calendar days and within 24 hours of the end of a storm that is 0.5 inches or greater or equivalent snowfall and shall continue until the site complies with the final stabilization section of the SWPPP. Exclusions from TEG Scope of Services TEG's scope of services is intended to include inspection of roadway elements, pavement, sidewalk, water main, sanitary sewer, and storm sewer construction activities as described above. The following items are specifically excluded from TEG's scope unless otherwise directed by the City: • Fabyan Parkway and Roosevelt Road improvements • Erosion and sediment control reporting and SWPPP compliance documentation • Mass grading and earth excavation operations • Private off-site sewer and water improvements • Construction layout and staking • Inspection of any private work activities at building lots 1352 and 1368 Poorman Parkway • Street Lighting Infrastructure o Electrical Service Connections o Foundations and Street Lighting Assemblies • Landscaping o Topsoil, plantings, sod, seed, rip rap, trees, etc. Material testing services will be provided under a separate contract between the developer and a qualified testing firm for Quality Control (QC) testing of subgrade, aggregate base, concrete curb and gutter, PCC sidewalk, and HMA pavement, as requested by the City. TEG will coordinate with the testing firm as necessary to support construction oversight. thoma1 e ngl neerln gr a the hlghe,t grade• ===== PDF PAGE 217 ===== [Extraction: embedded PDF text] City of West Chicago Construction Engineering Services Poorman Parkway Subdivision ESTIMATED FEE The anticipated scope of services described herein is based on the engineering plans for the Poorman Parkway Subdivision development prepared by Webster, McGrath & Ahlberg, Ltd. (WMA). Based on the Project Schedule, dated June 3, 2026, prepared by Pritzker Realty Group, approximately 99 calendar days of construction are anticipated for all on-site and off-site improvements. Based on TEG's Estimate of Time, provided herein, 84 calendar days of construction are anticipated for all on-site and off-site improvements, excluding street lighting infrastructure and final landscaping. TEG proposes to invoice only for actual hours worked, at the hourly billing rates for personnel assigned to the Project, based on a direct labor multiple (DLM) of 2.6. As a courtesy, no direct vehicle or equipment charges will be billed to the Project. The associated cost estimate is based on providing full Construction Engineering Services from project commencement through substantial completion, with daily on-site presence anticipated from TEG staff throughout the 2026 construction season. Accordingly, the construction observation hours included in this estimate assume substantial completion will be achieved within 2026. While construction activities are expected to be substantially completed in 2026, interruptions or delays during the construction season may result in limited construction-related services extending into 2027. In such cases, TEG will manage the budget efficiently by billing only for services performed during active construction periods and carrying forward any unutilized hours from 2026 to support required services in 2027. TEG will continue to coordinate closely with the City to ensure the Project is delivered in a manner consistent with the intent of the agreement and in support of timely and successful completion. The total anticipated fee for consultant services is $123,536.40 for construction inspection of all off-site and on-site improvements, excluding street lighting infrastructure and final landscaping . • at'"· hlghHt grade. ===== PDF PAGE 218 ===== [Extraction: embedded PDF text] Estimate of Time Required th 1.~ as. Route Poorman Parkwayengineer i ng group s H r v I c e o r t h e r1 i g h e s t g r a c1 en, Section County DuPage Project Poorman Parkway Subdivision Unit Rate Days Not Total (Check One) Per Affecting Days Item Quantity Days English Day Time Required 0 D Metric SHOP DRAWINGS STORM SEWER DAYS 1.0 1.00 WATER MAIN DAYS 1.0 1.00 SANITARY SEWER DAYS 1.0 1.00 SITE LIGHTIING DAYS 1.0 1.00 ROADWAY DAYS 1.0 1.00 OFF-SITE UTILITIES OFF-SITE STORM SEWER DAYS 5.0 5.00 OFF-SITE WATER MAIN DAYS 10.0 10.00 OFF-SITE SANITARY SEWER DAYS 5.0 5.00 POORMAN PARKWAY & ON-SITE UTILITIES ON-SITE STORM SEWER DAYS 10.0 10.00 ON-SITE WATER MAIN DAYS 5.0 5.00 ON-SITE SANITARY SEWER DAYS 5.0 5.00 SITE LIGHTIING DAYS 20.0 10.00 CURB AND GUTTER SUBGRADE DAYS 5.0 5.00 COMBINATION CC&G, TYPE B-6.12 DAYS 5.0 5.00 PCC SIDEWALK DAYS 10.0 10.00 FINE GRADING FOR PAVEMENT DAYS 4.0 4.00 SUBGRADEIMPROVEMENTS DAYS 5.0 5.00 BINDER COURSE DAYS 5.0 5.00 SURFACE COURSE DAYS 4.0 4.00 LANDSCAPING DAYS 10.0 5.00 PAVEMENT MARKINGS DAYS 2.0 2.00 FINAL TESTING WATER MAIN DAYS 2.0 2.00 SANITARY SEWER DAYS 2.0 2.00 Total Actual Working Days Required 84.00 Total Days from page one Total Days 84.00 Made by Kevin VanDeWoestyne, P.E. Date 6/29/2026 Checked by _D_M_M_____ _ 6/29/2026 Printed 6/29/2026 ===== PDF PAGE 219 ===== [Extraction: embedded PDF text] Poorman Parkway Subdivision Cost Estimate of Consultant Services I 4. 'It -~ C, th~t:r ng 1n1::c1 l .-ig groas.u p ~& ~ #_'j-'<-G;, q~..,~ ~~ ~v ~'<,G;, ~~ & @J"~ ~~ 9.Q ~ 00#.~0 #~ ,;:.0 {> NIA NIA 20 60 4 84 •COVERAGE /Full-Time/Part-Tlmel» NIA 100¾ 100% 100% NIA HOURS SALARY DIRECT COST RATE PROJECT PRINCIPAL $ 90.00 6 2 2 2 0 12 $ 1,080.00 PROJECT MANAGER $ 85.00 6 32 16 36 0 90 $ 7,650.00 INSPECTORS* $ 54.50 0 0 160 480 32 672 $ 36,624.00 SURVEYOR $ 90.00 0 0 8 16 24 $ 2,160.00 TOTAL 12 34 186 534 32 798 $ 47,514.00 Assumetions: MULTIPLIER - 2026 Cost Rates 2.6 $ 123,536.40 * Blended Rate Direct Costs $ . - Estimated 84 Calendar Days Total - Inspection Effort B hrs/day TOTAL $ 123,536.40 GPS Unit 0I Months I@ S500/MONTH s Direct Costs Vehicles 0I Days I@ $55/Day s $ PROJECT PRINCIPAL Kevin VanDeWoestyne, P.E. PROJECT MANAGER Doug Masters TECHNICIANS/INSPECTOR Varies CHIEF SURVEYOR Chris DeYoung, P.E., PLS