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R-25-99 Approving Agreement with the llinois Central Railroad for work at Box Culvert A0-25-4VILLAGE OF LEMONT RESOLUTION NO. "r9 DATE OF APPROVAL '- -'9 RESOLUTION APPROVING AGREEMENT WITH THE ILLINOIS CENTRAL RAILROAD FOR WORK AT BOX CULVERT AO -25 -4 WHEREAS, in the interest of public safety and convenience, the Village of Lemont hereto proposes to improve/build a box culvert at ICRR milepost AO 25.4; and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the Agreement for Village of Lemont Drainage Improvements for the ICRR, which is attached hereto and made a part of hereof, is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS on this6 day of >ce- 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT c/- Approved by me this . 4day of Attest: HARLENE M. SMOL EN, VILLAGE CLERK HARLENE M. SMO LEN, Village Cler APPROVED TO F ESKI, Village President i //" Village Attorney, JA n Antonopoulos CHRISTOPHER B. BURKE ENGINEERING, LTD. MO 101999 gN!NfflN DEPARTMENT 9575 West Higgins Road • Suite 600 • Rosemont, Illinois 60018 -4920 • TEL (847) 823 -0500 • FAX (847) 823 -0520 March 9, 1999 Village of Lemont 418 Main Street Lemont, IL 60439 -3788 Attention: Joanna S. Littreil, P.E. Subject: IC Railroad Agreement (CBBEL Project No. 97 -217) Dear Joanna: At your request, we have reviewed the enclosed agreement between the Village of Lemont and the Illinois Central Railroad Company. We find the subject documents and proposed field engineering fees of $2,000 to be acceptable. Please call me if you have any questions. JGS /cks CKS CORRSPD L97217.309 Very truly yours, Christopher B. Burke, Ph.D., P.E. President Illinois Central Engineering Department February 18, 1999 AO 25/5 Ms. Joanna S. Littrell P.E. Village Engineer Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 FEB 19 1999 ENGINEERING DEPARTMENT SUBJECT: Agreements for Lowering of Culvert AO 25 -4 ICRR Milepost AO 25.4 Project Number CBBEL 97 -217 Lemont, Illinois Will County Dear Ms. Littrell: Illinois Central Railroad 17641 South Ashland Avenue Homewood, Illinois 60430 -1345 312 755 -7500 Enclosed are duplicate original Agreement counterparts executed on behalf of the Railroad Company, prepared pursuant to your request to cover the subject project of lowering the invert of existing ICRR culvert AO 25-4 under our Joliet District Tracks in Lemont, Illinois. If satisfactory, please arrange for execution of duplicate counterparts of the Agreements on the City's behalf, in accordance with the attached "Important Notice ", and please return the copy Marked "ICRR CO. ORIGINAL" to the undersigned. If I may be of any further assistance in this matter, please advise. Sincerely, Tom Zeinz Engineer - Public Works c) ~ ty: John W. Dinning Public Works Engineer AGREEMENT FOR VILLAGE OF LEMONT DRAINAGE IMPROVEMENTS A 15304 THIS AGREEMENT, made and entered into this 5th day of February, 1999 by and between the VILLAGE OF LEMONT, BOARD OF TRUSTEES of the State of Illinois, hereinafter referred to as the "LOCAL AGENCY" and the ILLINOIS CENTRAL RAILROAD COMPANY, hereinafter referred to as "RAILROAD "; WITNESSETH: Whereas, in the interest of public safety and convenience, the LOCAL AGENCY hereto proposes to improve /build a box culvert at ICRR milepost AO 25.4; and Whereas, the parties hereto agree to accomplish the proposed improvements, all or in part, through the use of Federal, State and /or Local Agency funds which are provided under applicable Federal, State and /or Local Agency Act, Law and /or appropriation; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectfully kept and performed as hereinafter set forth, it is hereby agreed as follows: ARTICLE I. For the purpose of identifying the plans, specifications, estimates and other documents, this project will be designated as " CBBEL Project No. 97 -217, at IC milepost AO -25.4, Box Culvert AO 25-4 under ICRR at Lemont, Illinois." ARTICLE II. The Project covered under this agreement shall be subject to the "SPECIAL PROVISIONS" attached hereto, by reference made a part hereof, and to all applicable Federal and State laws, rules, regulations, orders and approvals pertaining to agreements, specifications, award of contracts, acceptance of work and procedures in general. With respect to reimbursement for work performed by the RAILROAD on behalf of the Project, LOCAL AGENCY and RAILROAD shall be governed by the applicable provisions of the Federal -Aid Policy Guide (FAPG), as currently amended, which is also made part of this agreement by reference. ARTICLE III. The RAILROAD does hereby grant, so far as it lawfully may, to LOCAL AGENCY, a non-exclusive permanent easement for purpose of construction, use, operation and maintenance of the drainage improvements contemplated by this project, upon and across RAILROAD's land and right -of- way lying within twenty five (25) feet on either side of the centerline of a certain box culvert referred to as RAI LROAD's bridge number AO 25-4, as depicted on the print attached hereto as Exhibit "B ". The easement granted herein is limited to the uses and purposes hereinbefore expressed and for no other purpose whatever. 1. All such usage of RAILROAD's land and right -of -way pursuant to this grant shall be subject to the approval, in advance, of RAILROAD's Vice President of Maintenance or his duly authorized representative. 2. All work to be performed on RAILROAD's land and right -of -way pursuant to this grant, excepting as may be otherwise specifically provided in this agreement, shall be performed at no expense to RAILROAD. 3. The RAILROAD does not warrant title to the said described premises in which the foregoing easement is granted and does not undertake to defend LOCAL AGENCY in peaceable enjoyment thereof but the grant of easement aforesaid shall be subject to the continuing lien of all lawful outstanding existing liens and superior rights, if any, in and to said premises. 4. The RAILROAD reserves to itself, its grantees (other than the local agency named in this Agreement), licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all tracks and other facilities or structures now upon or beneath the surface of or above, the said premises, but also the right to install and use or operate additional tracks, facilities and structures upon or beneath the surface of or above the said premises and the RAILROAD reserves also the right to grant to others permission to install and use or operate other facilities and structures, provided that said installations can be made without unreasonable interference with the use of the said premises as provided in this easement. 5. If the public use of the easement on the premises described in this indenture for the purposes expressed in it shall be abandoned or discontinued, or upon receipt of formal notice that the project has been canceled, the said easement shall thereupon cease and determine and the LOCAL AGENCY shall surrender or cause to be surrendered to the RAILROAD, or its successors or assigns, the peaceable possession of the said premises, and title to the said premises shall remain in the RAILROAD, or its successors or assigns, free and clear of all rights and claims of LOCAL AGENCY and of the public for use and occupancy of the said premises. Upon termination of this easement for any reason, LOCAL AGENCY shall restore the RAILROAD's premises to a like condition as at present, insofar as such restoration may, in the opinion of RAILROAD's duly authorized representative be practicable. 2 ARTICLE IV. The LOCAL AGENCY shall prepare the detailed drawings, plans and specifications as may be required for any proposed improvements listed under "WORK TO BE PERFORMED BY LOCAL AGENCY" on Exhibit "A" and shall perform or arrange for the performance of said items of work at its sole cost, risk and expense, except as may otherwise be specifically provided for in this agreement. ARTICLE V. In the event the work to be performed by Local Agency is to be let by contract, LOCAL AGENCY shall require its contractor(s) before entering upon the tracks or premises of RAILROAD, or performing any work on or in close proximity thereof, to secure permission from the authorized representative of the RAILROAD for the occupancy and use of its premises and /or to confer with the RAILROAD relative to its requirements for clearances, operations and general safety regulations. The RAILROAD reserves the right to furnish LOCAL AGENCY's contractor(s), at the sole cost and expense of said contractor(s), protective services such as, but not limited to, flagman, watchman or other as the RAILROAD may deem desirable to promote safety and continuity of rail traffic during the progress of the work, for which said contractor(s) shall be required to reimburse the RAILROAD promptly upon receipt of the bills, and the LOCAL AGENCY shall withhold final payment to the said contractor(s) until the RAILROAD has notified LOCAL AGENCY that all such bills have been settled. For any such work which is performed by the RAILROAD for the LOCAL AGENCY's own forces, LOCAL AGENCY hereby agrees to so reimburse the RAILROAD upon the receipt of bills. Cost and expense for work performed by Railroad, as referred to in this Article, shall consist of the actual cost of labor, materials and related items, plus RAILROAD's standard additives in effect at the time the work is performed. ARTICLE VI. In the event the work to be performed by LOCAL AGENCY on or in close proximity to the RAILROAD's property, track(s) or other facilities is let by contract, LOCAL AGENCY shall require its contractor(s) to furnish evidence of Workmen's Compensation coverage and to maintain at all times during the performance of any construction or reconstruction work the following types of insurance: (A) Contractor's Public Liability and Property Damage Insurance, including automobile coverage, with a combined single limit of $2,000,000 per occurrence with an aggregate limit of $6,000,000 for the term of the policy; (B) Contractor's Protective Public Liability and Property Damage Liability Insurance with the same limits as (A) if subcontractors are involved; and (C) Railroad Protective Public Liability and Property Damage Liability Insurance with the same limits as prescribed in (A) naming Illinois Central Railroad Company as the insured and a form of acceptable to the Railroad, and said insurance shall be primary as it relates to this contract. The RAILROAD shall be furnished with an original of the Railroad Protective Policy, and, in addition, 3 certificate(s) of insurance evidencing the other insurance coverages specified herein. The Railroad Protective Policy and the certificate(s) of insurance must meet with the approval of the RAILROAD before any work shall be commenced on RAILROAD's property or in close proximity to RAILROAD's tracks or other facilities by the said contractor(s). ARTICLE VII. Each party will provide the necessary construction engineering and inspection for carrying out its work as set forth in Exhibit "A" and the costs for such services shall be borne by the project. Any costs which may be incurred by the RAILROAD for inspecting the work performed by or on behalf of the LOCAL AGENCY, as said work may affect the properties and facilities of the RAILROAD, or the safety or continuity of train operations, shall likewise be deemed a project expense. ARTICLE VII. Subsequent to the award of any contract or contracts by LOCAL AGENCY, and before any work is started on this project, a conference shall be held between the representatives of the LOCAL AGENCY, the RAILROAD and the interested contractor(s), at a time and place as designated by the LOCAL AGENCY's representative, for the purpose of coordinating the work to be performed by the several parties, and at which time a schedule of operations will be adopted. Such schedule of operations will provide sufficient lead time for the parties to order and assemble their respective materials. ARTICLE IX. The LOCAL AGENCY agrees, to the extent it lawfully may, to indemnify the RAILROAD against and save it harmless from loss and damage to any property, and injury to or death of any persons, and from court cost and attorney's fees, and expenses incident thereto, arising out of any work to be performed hereunder by or on behalf of LOCAL AGENCY and caused by the negligence of LOCAL AGENCY, or any contractor for LOCAL AGENCY, or their respective officers, agents or employees. ARTICLE X. The RAILROAD agrees to indemnify the LOCAL AGENCY against and save it harmless from loss and damage to any property, and injury to or death of any persons, and from court cost and attorney's fees, and expenses incident thereto, arising out of any work to be performed hereunder by RAILROAD and caused by the negligence of RAILROAD or it's officers, agents or employees. ARTICLE XI. The RAILROAD, for the performance of its work as herein contemplated, shall bill the LOCAL AGENCY for the LOCAL AGENCY's share of the costs and expenses so incurred by the RAILROAD or for its account in accordance with the attached Exhibit "A ". The LOCAL AGENCY shall then reimburse the RAILROAD an amount equal to 100% of the said lump sum. For the purpose of this Article, the LOCAL AGENCY's share of any costs and expenses shall be deemed to include all funds advanced to, or to be reimbursed to, LOCAL AGENCY, regardless of source, for the purpose of defraying the cost and expense of this improvement project. ARTICLE XII. The improvements contemplated herein shall be placed in service immediately after the same are complete, pending final inspection by representatives of the parties hereto and representatives of any participating State and /or Federal Agencies if State and /or Federal funds are utilized. The LOCAL AGENCY shall notify RAILROAD of the date on which the completed improvements will be ready for final inspection. ARTICLE XIII. After completion of the work contemplated under this agreement, the LOCAL AGENCY, at its sole cost and expenses, shall operate and perpetually maintain the box culvert structure and any improvements thereto constructed pursuant to this agreement. For the purpose of this Article, it is agreed maintenance shall include, but not be limited to, routine inspections and repairs and any future rehabilitation, renewal and /or replacement of the structure, in whole or in part as may be needed. ARTICLE XIV. The LOCAL AGENCY hereby certifies that for payment of its obligations incurred in connection with the construction of the proposed improvements, the necessary appropriations have been made and are evidenced by the attached resolution. ARTICLE XV. In the event that delays or difficulties arise in securing necessary State or Federal approvals, or in acquiring rights of ways, or in settling damage claims, or for any other cause which in the opinion of the LOCAL AGENCY renders it impracticable to proceed with the construction of the project, then at any time before the construction is started, LOCAL AGENCY may serve formal notice of cancellation upon the RAILROAD and this agreement shall thereupon terminate. In the event of cancellation, LOCAL AGENCY shall reimburse the RAILROAD for all eligible cost and expense incurred by the RAILROAD prior to receipt of notice of cancellation and payment by LOCAL AGENCY. 5 ARTICLE XVI. This agreement shall be binding on the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in three counterparts, each of which shall be considered and original, by their fully authorized officials as of the day and date first written above. ATTEST TitIt:. Amin ATTEST 1v Title: VI Ik &fie Clerk_ cRETAIlk APPROVED TO FOR 4 0 • , isL. . ILLINOIS CENTRAL RAILROAD COMPANY By: Vice President- OARD OF TRUSTEES LLAGE of LEMONT B 41k.i.■\AAI ,tom - r tenance Vi lage Attorney, Antonopoulos 6 VILLAGE OF LEMONT BOX CULVERT IMPROVEMENT PROJECT NO. CBBEL # 97 -217 EXHIBIT A CROSSING IDENTIFICATION: RAILROAD: Illinois Central Railroad Company RR MILEPOST: AO 25.4 BRIDGE DESIGNATION: AO 25 -4 RCB LOCATION Lemont, Illinois EXISTING CONDITIONS: Reinforced Concrete Bridge 8' X 10' X 43' DESCRIPTION OF WORK TO BE PERFORMED BY RAILROAD: 1. Fumish flagmen as required (at contractor's expense). 2. Furnish and provide Engineering /Inspection services per estimate at Local Agency's expense. ( Lump Sum) $2,000.00 DESCRIPTION OF WORK TO BE PERFORMED BY LOCAL AGENCY: 1. Construction of new concrete lowered `trough section" in accordance with plans and specifications to be prepared by Village of Lemont and approved by Railroad. 2. Incidental work necessary for completion of above. LOCAL AGENCY'S SHARE OF COST: 100% NOTIFY BEFORE COMMENCING WORK: Illinois Central Railroad Company c/o Mr. D. A. Lowe Engineering Superintendent 17550 S. Ashland Avenue Homewood, IL 60430 -1339 ph. (708)957 -6594 + + + + + + + + + + + + + + + + + + + + + + + + + ++ ILLINOIS CENTRAL RAILROAD + + + + + + + + + + + + + + + + + + + + + + + + + ++ OFFICE OF VICE PRESIDENT- MAINTENANCE ESTIMATE OF PRELIMINARY ENGINEERING FOR CONTRACT PREPARATION VILLAGE OF LEMONT LOWER INVERT @ CULVERT AO 25 -4 CBBEL PROJECT NO. 97 -217 DATE: FEBRUARY 2, 1999 LOCATION: LEMONT ,ILLINOIS OFFICE ENGINEERING CORRESPONDENCE, TRANSMITTALS, PREPARATION AND HANDLING OF AGREEMENT 8 HOURS OFFICE REVIEW OF PLANS, CONTRACT SPECIFICATIONS SUBMISSIONS, SHEETING AND SHORING PLANS 16 HOURS TOTAL OFFICE ENGINEERING 24 HOURS FIELD ENGINEERING FIELD PLAN REVIEW, SITE VISIT & CORRESPONDENCE 8 HOURS ATTEND PRE- CONSTRUCTION CONFERENCE, SITE VISIT TO CHECK PROGRESS OF WORK AND FINAL INSPECTION 12 HOURS TOTAL FIELD ENGINEERING: 20 HOURS TOTAL ENGINEERING: 48 HOURS OFFICE ENGR. 24 HOURS @ $32.00 /HR FIELD ENGR. 20 HOURS @ $26.00 /HR ENGR. DIRECT OVERHEAD 44.22% ACCOUNTING EXPENSE BUSINESS EXPENSE (MEALS, LODGING, TRAVEL) $ 768.00 520.00 570.00 25.00 120.00 TOTAL COST: $2,003.00 THIS ITEM ONLY, LUMP SUM SAY, $2,000.00 do/ It T ee' •■ LOCI Wafer •■ •1 1(11 (1 1 PI T I 0 1" Cr,26... ;1444 zer.. egerkr, -Ate, . ; eeeee • ree-rr...... re- 4.14 c.‘ /3 .1; • —4 Core ..477 • 7,1'. lel fl 1 1 / •1 6...„.44 . • 114..44,,e 0Iea, thlf • 380 4 t3-11P 6■1114....Xerea f ea Wa.s,e•e. Ow 6.1 E.elleC.i. 1.1 r o r 10 , ■ ... 1 1 • V I i I 1 I I., \ - k serl Ce & 1E,.....1,•ilk.u4t, 11 I k \ oPe.'"r• „Si • . l ` i . ' 1 )e-i 1 17'1 ' '• ), ( 0' t-... I ''‘ , 1 r. I° r\ r......31-... 2s 6. 1 -A 1 \ \ ••,, 4 t..., ,,,,, ..„., .... \ ■te "0 `LI I 1 :3 , \ I I- N ( r AI.•• / )1, ,C C (pc t 0 25 e e 1, .6 r•te. L.r ote. ••• 4:: IL... o • C • • • SPECIAL PROVISIONS RELATIVE TO FLAGGING AND OTHER PROTECTION OF RAILROAD TRAFFIC DURING THE CONSTRUCTION OF CULVERTS ALONG, ON, UNDER OR ACROSS THE PROPERTY OR TRACKS OF THE ILLINOIS CENTRAL RAILROAD COMPANY PART A The Contractor shall before entering upon the property of the Railroad for the performance of any construction work, or work preparatory thereto, secure permission from the Vice President - Maintenance of the Railroad Company for the occupancy and use of the Railroad's property and shall confer with the Railroad relative to requirements for railroad clearances, operation and general safety regulations. The Contractor shall, at all times, conduct his work in a manner satisfactory to the Vice President - Maintenance of the Railroad Company, or his authorized representative, and shall exercise care so as to not damage the property of the Railroad Company or to interfere with the operations of the Railroad. The Vice President - Maintenance of the Railroad Company, or his authorized representative, will at all times have jurisdiction over the safety of railroad operations, and the decision of the Vice President- Maintenance or his authorized representative as to procedures which may affect the safety of railroad operations shall be final, and the Contractor must be governed by such decision. The culvert shall be installed at a depth as shown on plans which have been approved by the Vice President - Maintenance of the Railroad Company, or his authorized representative, and shall be constructed of such material and in such a manner as will assure the safety of the Railroad. Railroad's authorized representative shall have the right, but not the duty, to require certain materials or procedures be used or to supervise the construction, maintenance, restoration or other work on Railroad's right -of -way. Should any damage occur to railroad property as a result of the Contractor's operations, and the Railroad Company deems it necessary to repair such damage or to perform any work for the protection of its property, the required materials, labor and equipment shall be furnished by the Railroad Company, and the Contractor shall reimburse the Railroad Company for any costs so incurred. PART B If the Contractor requires the construction of a temporary grade crossing across the track(s) of the Railroad for use during the construction of the improvement, the Contractor shall make the necessary arrangements with the Railroad for the construction, protection and later removal of such temporary grade crossing. The costs of such temporary grade crossing construction, protection, maintenance and later removal shall be promptly reimbursed to the Railroad on the basis of the Railroad's bills, to be rendered monthly. 1 of 4 The Contractor shall at no time cross the Railroad's property or track(s) with vehicles or equipment of any kind or character except at such temporary grade crossing as may be constructed as outlined hereinabove, or at an existing and open public grade crossing. PART C Any flagging protection or watchman services required by the Railroad for the safety of railroad operations because of work being performed by the Contractor, or in connection therewith, will be provided by the Railroad and the cost thereof shall be reimbursed to the Railroad on the basis of the Railroad's bills, to be rendered monthly. The requirements of the Railroad are as follows: The services of at least one (1) and possibly two (2) watchmen or flagmen will be required during: the excavation, placing and removal of cofferdams or sheeting, driving of foundation piling and placing of the concrete footings for piers adjacent to the track(s); construction and removal of any falsework, bracing or forms over or adjacent to the track(s); construction or equipment across the track; the setting or placing of beams or girders in the span(s) over any track(s); any construction operations involving direct interference with the Railroad's track(s) or traffic, fouling of railroad operating clearances or reasonable probability of accidental hazard to railroad traffic; or whenever men or equipment will be working within twenty -five (25) feet of the centerline of any live track. If an existing bridge or other structure is to be removed, the services of at least one (1) and possibly two (2) watchmen or flagmen will be required during the removal of that portion of the existing structure immediately over or adjacent to any track. Flagmen will also be furnished whenever, in the opinion of the Railroad Company's Vice President - Maintenance, such protection is needed. In order that the Railroad may be prepared to furnish protective services, the Contractor shall notify the Railroad Company seventy -two (72) hours in advance of when the protective services will be needed. PART Q The rates of pay for the Railroad employees will be the prevailing railroad hourly wage for an eight (8) hour day for the class of employee(s) involved during the regularly assigned hours, overtime in accordance with any Labor Agreements and Schedules and the Railroad's standard additives, all as in effect at the time the work is performed. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. If the wage rates are changed, the Contractor shall pay on the basis of the new rates. The Contractor will be required to reimburse, monthly, the Railroad for the costs of all services performed by the Railroad for the Contractor, and furnish the State, County, City or other owner satisfactory evidence that the Railroad has acknowledged receipt of same before final settlement. 2 of 4 PART E Before commencing any excavation which will encroach upon the finish slope line as indicated on the print labeled 'Limits of Excavations Adjacent to Tracks" attached hereto, the Contractor shall make adequate provision against sliding, shifting, sinking or in any way disturbing the railroad embankment and track(s) adjacent to said culvert due to said construction operations, by driving temporary sheeting in a manner satisfactory to both the Owner's and Railroad's Engineers. Before commencing any such work adjacent to any track, the Contractor shall submit prints of the proposed sheeting and bracing details for the protection of the Railroad Company's track(s) to the Owner's Engineer for his approval. This submittal shall include the proposed method of installation and be accompanied by supporting data, including design computations, logs of soil borings and other pertinent information. After approval by the Owner's Engineer, two (2) sets of prints of the proposed sheeting and bracing details bearing the seal of a registered structural or professional engineer, registered in the state where the bridge is to be located, together with the supporting documents, shall be forwarded to the Railroad's Engineer for review and approval. The Contractor shall notify the Railroad's Engineer in writing not less than seven (7) days in advance of the proposed time of the beginning of the construction of the culvert under or adjacent to the track(s). If, in the opinion of the Vice President-Maintenance of the Railroad Company, or his authorized representative, the culvert installation is being conducted in a manner considered unsafe for railroad operations, the Contractor shall stop his operations and immediately bulkhead the heading or make other such provisions as may be deemed necessary to correct such undesirable conditions and, if, in the opinion of the Vice President - Maintenance of the Railroad Company, or his authorized representative, such provisions as made by the Contractor are not adequate to protect train operations or the property of the Railroad Company, the Railroad Company shall with its own forces proceed with the necessary work to correct conditions deemed undesirable or unsafe for Railroad operations at the expense of the Contractor. Construction or installation of the culvert or other structure shall be carried on in such a manner that settlement and caving of the ground surface shall be avoided. At the close of each day's work, the heading shall be bulkheaded and securely braced to prevent caving. In the event earth materials outside the limits of the culvert are unavoidably disturbed. loosened or removed creating voids, the Contractor shall immediately fill such voids to the satisfaction of opinion of the Vice President - Maintenance of the Railroad Company, or his authorized representative. The filling of such voids does not, however, relieve the Contractor of any responsibility due to any settlement of the earth materials about and around the culvert or other structure. 3 of 4 PART F The following temporary clearances are the minimum which must be maintained at all times during the construction operations: Vertical: 21' -6" above top of highest rail Horizontal: 8' -6" from centerline of nearest track, measured at right angles thereto If lesser clearances than the above are required for any part of the work, the Contractor shall secure written authorization from the Vice President- Maintenance of the Railroad Company for such lesser clearances in advance of the start of work of that portion of the project along, on, over or across the property or track(s) of the Railroad. The Contractor shall not store any materials, supplies or equipment closer than 15' -0" from the centerline of any railroad track, measured at right angles thereto. PART G The Contractor will be required, upon completion of the work, to: remove from within the limits of the property of the Railroad, all machinery, equipment, surplus materials, falsework, rubbish or temporary buildings of said Contractor; remove the approaches to any temporary grade crossing(s) constructed for the Contractor's use. restoring same as nearly as practicable to conform to the adjoining terrain; remove any accumulated silt in Railroad's side ditches, restoring proper flow thereto, and employ erosion control measures as appropriate to prevent further siltation until ground cover is reestablished; and leave said property in a neat condition satisfactory to the Vice President- Maintenance of the Railroad Company or his authorized representative. PART H Nothing in these Special Provisions shall be construed to place any responsibility on the Railroad Company, or any of its officers, employees or agents, for the quality of the construction, maintenance or other work performed by the Contractor hereunder, or for the condition of facilities constructed pursuant hereto. Any approval given or supervision exercised by Railroad hereunder, or any failure of Railroad to object to any work done, material used, or method of construction, reconstruction or maintenance, shall not be construed to relieve Contractor and /or Owner of any of their respective obligations pursuant hereto or under any agreement these Special Provisions may be appended to. Office of Vice President - Maintenance Illinois Central Railroad Company February, 1999 4 of 4 C Near Truck ___. Shoulder Line -1► A 10 ecnun u1 Telnporuly S l o p e L i n e 0 0 4 D o t t o m 01 E.c o.ulion 1/4 1 "0 "1 Mu.unum length 01 Eeco 011ng open 01 any lime 1111 Li 5noring. PLAN Scole: None Near Track 10' O" 41.' Shoulder Shoulder Line I (Min.) _ Top of Nuil SECTION A-A Scole. None Temporory --r" Slope Lint GENERAL NOTES; SHOULDER WIDTH TO BE AS DETERMINED BY DIVISION FIELD ENGINEER, EXCAVATIONS WHICH ENCROACH ON THE TEMPORARY SLOPE LINE MUST BE PROTECTED BY SHORING APPROVED BY RAILROADS ENGINEER - STRUCTURES, CHICAGO, ILLINOIS. EXCAVATIONS WHICH ENCROACH ON THE FINISH SLOPE LINE AND EXCEED THE MAXIMUM PERMITTED LENGTH OF OPEN EXCAVATION, AS DEFINED IN THE PLAN VIEW, MUST BE PRO- TECTED BY SHORING APPROVED BY RAILROADS ENGINEER STRUCTURES, CHI C AG 0, ILLINOIS. EXCAVATIONS TO TEMPORARY SLOPE LINE SHALL NOT BE LEFT OPEN OVERNIGHT WITHOUT PERMISSION OF DIVISION FIELD ENGINEER. RETAINING STRUCTURES WHICH ENCROACH ON THE FINISH SLOPE LINE MUST BE APPROVED BY RAILROAD'S ENGINEER STRUCTU RES, CHICAGO, ILLINOIS. DESIGN ASSUMES AVERAGE SOIL CONDITIONS. INDIVIDUAL SITES MAY REQUIRE A LESS STEEP TEMPORARY SLOPE LINE. --'\ /---- Finish Slope 1.5 Line 510..5 Illinois Central Gull 0. 0131 SYSTEM t ()CATION LIMITS OF EXCAVATIONS ADJACENT TO TRACK PLAN and SECTIONS 500.1 OFFICE OF ROADWAY ENGINEER D.0.0dr'. )//. /.' Scale: Nal.a 011, N. C11.1.•0: 0.5. 5 Del.. 011 1950 0.•e. N.. T 300 00 RECOMMENDED FORM OF RESOLUTION Be it resolved by that be hereby authorized to Title of Officer or Officers execute an agreement dated , 19 , with ILLINOIS CENTRAL RAILROAD COMPANY, copy attached, for Purpose Be it further resolved a certified copy of this resolution be transmitted to Illinois Central Railroad Company. I, Name Title of do hereby certify the foregoing to be a true and correct copy of a resolution adopted by said , at a meeting on , 19 ; that said resolution is still in effect; that the agreement referred to therein, attached thereto, is in the form presented to said meeting and in the form executed. WITNESS the seal of said and my signature this day of , 19 (SEAL) Name Title