(A) Ordinance.
(1) The Board of Directors of the Commuter Rail Division of the Regional Transportation Authority (“Commuter Rail Division”) hereby authorizes funding of a county farm road commuter rail station feasibility study by the DuPage County Development Department, as described in Exhibit A attached to the ordinance incorporated herein this section and specifically made a part thereof.
(2) The Chairperson of the Commuter Rail Division and, at the Chairperson’s designation, the Executive Director of the Commuter Rail Division are hereby authorized and directed on behalf of the Commuter Rail Division to extend funding for such study to DuPage County for an amount not to exceed $8,000.
(B) Exhibit I. Work program County Farm Road commuter rail station feasibility study.
(1) Purpose.
(a) The purpose of this study is to determine if a commuter rail station is feasible at County Farm Road serving downtown commuters and the DuPage County Government Center. This study would update a 1977 study on the subject. A reexamination of rail station feasibility is warranted due to the population growth of the area and the growth of the County Government Center since the 1977 study.
(b) A steering committee will be formed to guide and offer input on the study. The committee will include representatives of Metra, Pace, the DuPage County Development Department, the DuPage County Division of Transportation, the Chicago and North Western Transportation Company, the State Department of Transportation Study, the Village of Winfield and the City of Wheaton. Meetings will be held before the study begins and upon the completion of each major work item.
(c) Primary responsibility for work items will be the responsibility of the DuPage County Development Department, unless otherwise noted below.
(2) Work items.
(a) Analysis of existing conditions. Collect information and summarize the following:
1. Population, based on 1985 land use survey;
2. Existing transit service (rail, bus, dial-a-ride);
3. Existing and proposed parking at Wheaton and Winfield stations (Metra to provide results of parking inventory); and
4. DuPage County Government Center facilities and employment.
(b) Rail station alternatives. Rail station alternatives will be developed with steering committee assistance. Each alternative will also include a description of operating schedules.
1. Demand analysis (modeling assistance from Metra):
a. Government center employees. Collect information on current home locations;
b. Government center visitors. Assess the number of visitors and determine trip origin. Conduct surveys as necessary. Project growth in visitor population with expansion of complex; and
c. Commuters to Chicago. Using existing modeling capabilities of Metra, project number of station users at Winfield, County Farm Road and Wheaton (existing and future).
2. Capital and operating cost analysis (Metra and C&NW to provide information); and
3. Station impacts:
a. User time savings and losses;
b. Economic impacts on Winfield and Wheaton downtown areas;
c. Joint development opportunities; and
d. Environmental impact assessment.
(c) Recommendation. Based on analysis above, make recommendation on the feasibility of a station. If determined to be feasible, examine funding sources and construction costs. If determined not to be feasible, examine transit service improvements and ride sharing potential.
(3) Cost. The total project cost is estimated at $8,000.
(C) Exhibit II.
METRA NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION 547 WEST JACKSON BOULEVARD CHICAGO, ILLINOIS 60606 AGREEMENT FOR PROFESSIONAL AND CONSULTING SERVICES THIS AGREEMENT IS ENTER INTO THIS DAY OF , 19 , IN THE CITY OF CHICAGO AND THE STATE OF ILLINOIS, BY AND BETWEEN METRA, THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION (HEREINAFTER CALLED THE REGIONAL TRANSPORTATION AUTHORITY, AUTHORITY, OR RTA OR THE NORTHEAST ILLINOIS RAILROAD CORPORATION OR NIRC OR METRA) AN ORGANIZATION UNDER THE LAWS OF THE STATE OF ILLINOIS AND (HEREINAFTER CALLED “CONTRACTOR”) HAVING REGIONAL OFFICES LOCATED AT . FOR AND IN CONSIDERATION OF THE PROMISES AND AGREEMENTS HEREIN SET FORTH, METRA AND CONTRACTOR HEREBY AGREE:
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1. SCOPE AND DESCRIPTION OF SERVICES CONTRACTOR WILL PERFORM IN A TIMELY FASHION FOR THE BENEFIT OF METRA THE FOLLOWING SERVICES: THESE SERVICES ARE NOT NECESSARILY INCLUSIVE AND ARE FURTHER OUTLINED IN THE CONTRACTOR’S PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART OF THIS AGREEMENT. 2. TERMS AND PAYMENT FOR SERVICES METRA SHALL PAY TO CONTRACTOR, AS FULL PAYMENT FOR ALL SERVICES TO BE PERFORMED BY CONTRACTOR PURSUANT TO THIS AGREEMENT, A MAXIMUM COMPENSATION OF . INVOICING WILL BE MADE BI-MONTHLY TO “ACCOUNTS PAYABLE,” BASED UPON EXPENSES INCURRED AND MUST INCLUDE SUPPORTING NUMBER AND THE METRA CONTRACT NUMBER . 3. TIME FOR COMPLETION OF SERVICES TIME IS OF THE ESSENCE IN THIS AGREEMENT. CONTRACTOR SHALL COMPLETE ALL SERVICES DESCRIBED HEREIN WITHIN MONTHS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. 4. CONTRACT DOCUMENTS EACH OF THE FOLLOWING DESCRIBED CONTRACT DOCUMENTS (COPIES OF WHICH ARE ATTACHED HERETO) IS HEREBY INCORPORATED HEREIN AND FORMS A PART OF THIS AGREEMENT: EXHIBIT 1 - EXHIBIT 2 - EXHIBIT 3 - EXHIBIT 4 - EXHIBIT 5 - 5. AMENDMENTS THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO. ANY PROPOSED CHANGE IN THIS AGREEMENT SHALL BE SUBMITTED TO METRA FOR ITS PRIOR APPROVAL. NO MODIFICATION, ADDITION, DELETION, ETC., TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS AND UNTIL SUCH CHANGES ARE REDUCED TO WRITING AND EXECUTED BY THE AUTHORIZED OFFICERS OF EACH PARTY. |
6. TERMINATION METRA MAY TERMINATE THIS AGREEMENT AT ANY TIME HEREAFTER, WITH OR WITHOUT CAUSE, BY GIVING WRITTEN NOTICE TO CONTRACTOR AT THE ADDRESS SPECIFIED ABOVE. TERMINATION SHALL BE EFFECTIVE UPON RECEIPT OF SUCH NOTICE BY CONTRACTOR. IN THE EVENT METRA TERMINATES THIS AGREEMENT OTHER THAN FOR BREACH THEREOF BY CONTRACTOR, METRA AGREES TO PAY CONTRACTOR, AND CONTRACTOR AGREES TO ACCEPT AS ITS SOLE REMEDY, CANCELLATION CHARGES EQUAL TO THE REMAINING UNPAID COSTS ACCRUED AND OBLIGATED TO DATE OF CANCELLATION, PLUS THE REMAINING UNPAID PORTION OF CONTRACTOR’S PROFIT BASED ON THE PORTION OF WORK THEN PERFORMED TO THE TOTAL WORK WHICH WOULD HAVE BEEN PERFORMED. IN THE EVENT METRA TERMINATES THIS AGREEMENT FOR BREACH BY CONTRACTOR, THE CONTRACTOR SHALL ASSUME LIABILITY FOR ALL EXCESS COSTS INCURRED BY METRA TO COMPLETE THE SCOPE OF SERVICES AS DEFINED IN PARAGRAPH 11. 7. ASSIGNMENT THIS AGREEMENT SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF THE RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, AND PERSONAL REPRESENTATIVES OF METRA AND CONTRACTOR. ANY SUCCESSOR TO CONTRACTOR’S RIGHTS UNDER THIS AGREEMENT MUST BE APPROVED BY METRA UNLESS THE TRANSACTION IS SPECIFICALLY AUTHORIZED UNDER FEDERAL LAW. ANY SUCCESSOR WILL BE REQUIRED TO ACCEDE TO ALL OF THE TERMS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT AS A CONDITION PRECEDENT TO SUCH SUCCESSION. ASSIGNMENT OF ANY PORTION OF THE WORK BY SUBCONTRACT MUST BE APPROVED IN ADVANCE BY METRA IN WRITING. 8. UNAVOIDABLE DELAY IF THE CONTRACTOR IS DELAYED IN THE DELIVERY OF THE PROFESSIONAL SERVICES PURCHASED UNDER THIS AGREEMENT BY A CAUSE LEGITIMATELY BEYOND HIS CONTROL, HE MUST IMMEDIATELY UPON RECEIVING KNOWLEDGE OF SUCH DELAY, GIVE WRITTEN NOTICE TO METRA AND REQUEST AN EXTENSION OF TIME FOR COMPLETION OF THE CONTRACT. METRA SHALL EXAMINE THE REQUEST AND DETERMINE IF THE CONTRACTOR IS ENTITLED TO AN EXTENSION. METRA SHALL NOTIFY THE CONTRACTOR OF THE DECISION IN WRITING AND THAT DECISION SHALL BE FINAL AND BINDING. 9. INSURANCE AND BONDS CONTRACTOR SHALL MAINTAIN PROFESSIONAL LIABILITY INSURANCE AS MAY BE SPECIFIED IN THE CONTRACT DOCUMENTS COVERING ALL CLAIMS WHENEVER MADE, ARISING OUT OF THE PERFORMANCE OF THE PROFESSIONAL SERVICES PURSUANT TO THIS AGREEMENT. CERTIFICATES OF THIS INSURANCE SHALL BE FURNISHED TO METRA UPON WRITTEN REQUEST 10. NON-COLLUSION CONTRACTOR WARRANTS AND REPRESENTS THAT IT HAS NOT PAID AND AGREES NOT TO PAY ANY BONUS, COMMISSION, FEE OR GRATUITY TO ANY EMPLOYEE OR OFFICIAL OF METRA OR TO ANY OTHER CONTRACTOR FOR THE PURPOSE OF OBTAINING THIS AGREEMENT. |
11. PROHIBITED INTERESTS NO MEMBER OR OFFICER, OR EMPLOYEE OF METRA OR A LOCAL PUBLIC BODY WITH FINANCIAL INTEREST OR CONTROL IN THIS AGREEMENT DURING HIS TENURE OR FOR ONE YEAR THEREAFTER SHALL HAVE ANY INTEREST, DIRECT OR INDIRECT, IN THIS AGREEMENT OR THE PROCEEDS THEREOF. 12. INTERESTS OF MEMBERS OF CONGRESS NO MEMBER OR DELEGATE TO THE ILLINOIS GENERAL ASSEMBLY OR THE CONGRESS OF THE UNITED STATES, SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS AGREEMENT OR TO ANY BENEFIT ARISING THEREFROM. 13. EQUAL EMPLOYMENT OPPORTUNITY (STATE REQUIREMENT) IN THE EVENT OF THE CONTRACTOR’S NON-COMPLIANCE WITH THE PROVISIONS OF THIS EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, THE ILLINOIS HUMAN RIGHTS ACT OR THE RULES AND REGULATIONS OF THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS (“DEPARTMENT”), THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FUTURE CONTRACTS OR SUBCONTRACTS WITH THE STATE OF ILLINOIS OR ANY OF ITS POLITICAL SUBDIVISIONS OR MUNICIPAL CORPORATIONS, AND THE CONTRACT MAY BE CANCELLED OR VOIDED IN WHOLE OR IN PART, AND SUCH OTHER SANCTIONS OR PENALTIES MAY BE IMPOSED OR REMEDIES INVOKED AS PROVIDED BY STATUTE OR REGULATION. DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: (1) THAT IT WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, MARITAL STATUS, NATIONAL ORIGIN OR ANCESTRY, AGE, PHYSICAL OR MENTAL HANDICAP UNRELATED TO ABILITY, OR AN UNFAVORABLE DISCHARGE FROM MILITARY SERVICE, AND FURTHER THAT IT WILL EXAMINE ALL JOB CLASSIFICATIONS TO DETERMINE IF MINORITY PERSONS OR WOMEN ARE UNDERUTILIZED AND WILL TAKE APPROPRIATE AFFIRMATIVE ACTION TO RECTIFY SUCH UNDERUTILIZATION. (2) THAT, IF IT HIRES ADDITIONAL EMPLOYEES IN ORDER TO PERFORM THIS CONTRACT OR ANY PORTION THEREOF, IT WILL DETERMINE THE AVAILABILITY (IN ACCORDANCE WITH THE DEPARTMENT’S RULES AND REGULATIONS) OF MINORITIES AND WOMEN IN THE AREA(S) FROM WHICH IT MAY REASONABLY RECRUIT AND IT WILL HIRE FOR EACH JOB CLASSIFICATION FOR WHICH EMPLOYEES ARE HIRED IN SUCH A WAY THAT MINORITIES AND WOMEN ARE NOT UNDERUTILIZED. (3) THAT, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY IT OR ON ITS BEHALF, IT WILL STATE THAT ALL APPLICANTS WILL BE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, MARITAL STATUS, NATIONAL ORIGIN OR ANCESTRY, AGE, PHYSICAL OR MENTAL HANDICAP UNRELATED TO ABILITY, OR AN UNFAVORABLE DISCHARGE FROM MILITARY SERVICE. (4) THAT IT WILL SEND TO EACH LABOR ORGANIZATION OR REPRESENTATIVE OF WORKERS WITH WHICH IT HAS OR IS BOUND BY A COLLECTIVE BARGAINING OR OTHER AGREEMENT OR UNDERSTANDING, A NOTICE ADVISING SUCH LABOR ORGANIZATION OR REPRESENTATIVE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE ILLINOIS HUMAN RIGHTS ACT AND THE DEPARTMENT’S RULES AND REGULATIONS. IF ANY SUCH LABOR ORGANIZATION OR REPRESENTATIVE FAILS TO OR REFUSES TO COOPERATE WITH THE CONTRACTOR IN ITS EFFORTS TO COMPLY WITH SUCH ACT AND RULES AND REGULATIONS, THE CONTRACTOR WILL PROMPTLY SO NOTIFY THE DEPARTMENT AND CONTRACTING AGENCY WILL RECRUIT EMPLOYEES FROM OTHER SOURCES WHEN NECESSARY TO FULFILL ITS OBLIGATIONS THEREUNDER. |
(5) THAT IT WILL SUBMIT REPORTS AS REQUIRED BY THE DEPARTMENT’S RULES AND REGULATIONS, FURNISH ALL RELEVANT INFORMATION AS MAY FROM TIME TO TIME BE REQUESTED BY THE DEPARTMENT OR THE CONTRACTING AGENCY, AND IN ALL RESPECTS COMPLY WITH THE ILLINOIS HUMAN RIGHTS ACT AND THE DEPARTMENT’S RULES AND REGULATIONS. (6) THAT IT WILL PERMIT ACCESS TO ALL RELEVANT BOOKS, RECORDS, ACCOUNTS AND WORK SITES BY PERSONNEL OF THE CONTRACTING AGENCY AND THE DEPARTMENT FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH THE ILLINOIS HUMAN RIGHTS ACT AND THE DEPARTMENT’S RULES AND REGULATIONS. (7) THAT IT WILL INCLUDE VERBATIM OR BY REFERENCE THE PROVISIONS OF THIS CLAUSE IN EVERY SUBCONTRACT IT AWARDS UNDER WHICH ANY PORTION OF THE CONTRACT OBLIGATIONS ARE UNDERTAKEN OR ASSUMED, SO THAT SUCH PROVISIONS WILL BE BINDING UPON SUCH SUBCONTRACTOR. IN THE SAME MANNER AS WITH OTHER PROVISIONS OF THIS CONTRACT, THE CONTRACTOR WILL BE LIABLE FOR COMPLIANCE WITH APPLICABLE PROVISIONS OF THIS CLAUSE BY SUCH SUBCONTRACTORS; AND FURTHER IT WILL PROMPTLY NOTIFY THE CONTRACTING AGENCY AND THE DEPARTMENT IN THE EVENT ANY SUBCONTRACTOR FAILS OR REFUSES TO COMPLY THEREWITH. IN ADDITION, THE CONTRACTOR WILL NOT UTILIZE ANY SUBCONTRACTOR DECLARED BY THE ILLINOIS HUMAN RIGHTS DEPARTMENT TO BE INELIGIBLE FOR CONTRACTS OR SUBCONTRACTS WITH THE STATE OF ILLINOIS OR ANY OF ITS POLITICAL SUBDIVISIONS OR MUNICIPAL CORPORATIONS. 14. MINORITY BUSINESS ENTERPRISE IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, CONTRACTOR WILL COOPERATE WITH METRA IN MEETING ITS COMMITMENTS AND GOALS WITH REGARD TO THE MAXIMUM UTILIZATION OF MINORITY BUSINESS ENTERPRISES AND WILL USE ITS BEST EFFORTS TO ENSURE THAT MINORITY BUSINESS ENTERPRISES SHALL HAVE THE MAXIMUM PRACTICABLE OPPORTUNITY TO COMPETE FOR ANY SUBCONTRACT WORK UNDER THIS AGREEMENT. 15. RETENTION OF RECORDS THE CONTRACTOR SHALL MAINTAIN RECORDS TO SHOW ACTUAL TIME DEVOTED AND COSTS INCURRED; AND SHALL PREPARE AND SUBMIT MONTHLY PROGRESS REPORTS WHICH DESCRIBE THE WORK ALREADY PERFORMED AND ANTICIPATED DURING THE COMING TIME PERIOD. UPON 15 DAYS NOTICE FROM METRA ALL TIME SHEETS, BILLINGS, AND OTHER DOCUMENTATION USED IN PREPARING SAID PROGRESS REPORTS SHALL BE MADE AVAILABLE FOR INSPECTION, COPYING, OR AUDITING BY METRA AT ANY TIME DURING NORMAL BUSINESS HOURS, AT 547 WEST JACKSON BOULEVARD, CHICAGO, ILLINOIS 60661. 16. AUDIT AND INSPECTION OF RECORDS CONTRACTOR SHALL PERMIT THE AUTHORIZED REPRESENTATIVES OF METRA AND THE REGIONAL TRANSPORTATION AUTHORITY TO INSPECT AND AUDIT ALL DATA AND RECORDS OF THE CONTRACTOR RELATING TO HIS PERFORMANCE UNDER THE CONTRACT. 17. OWNERSHIP OF RECORDS METRA SHALL RETAIN OWNERSHIP OF ALL PLANS, SPECIFICATIONS AND RELATED DOCUMENTS AND ALL OTHER DOCUMENTS, INCLUDING BUT NOT LIMITED TO THOSE MENTIONED ABOVE, PREPARED BY CONTRACTOR IN CONNECTION WITH THE SERVICES PERFORMED UNDER THIS AGREEMENT. |
18. INDEMNIFICATION CONTRACTOR HEREBY BINDS ITSELF, ITS SUCCESSORS AND ASSIGNS, TO INDEMNIFY AND HOLD HARMLESS METRA FROM ALL LOSS, DAMAGE OR EXPENSE (INCLUDING ATTORNEY’S FEES) DUE TO ANY CLAIM BROUGHT AGAINST METRA FOR ALLEGED INFRINGEMENT OF UNITED STATES LETTERS PATENT, OF THE UNITED STATES OR STATE TRADEMARK LAWS, OR OF THE UNITED STATES OR STATE COPYRIGHT LAWS, ARISING FROM ANY MATERIAL OR DESIGN SPECIFIED IN, OR SUPPLIED PURSUANT TO THIS AGREEMENT. 19. GOVERNING LAWS THIS AGREEMENT SHALL BE INTERPRETED UNDER, AND GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS. 20. COMPLIANCE WITH LAWS CONTRACTOR HEREBY AGREES TO COMPLY WITH ALL APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS OF THE UNITED STATES, THE STATE OF ILLINOIS, METRA AND UNITS OF LOCAL GOVERNMENT ANY CONTRACT EXECUTED IN VIOLATION OF THE TERMS AND CONDITIONS OF THE PURCHASING REGULATION OF METRA SHALL BE NULL AND VOID AS TO METRA. 21. HEADINGS THE SECTION HEADINGS OF THIS AGREEMENT ARE FOR CONVENIENCE AND REFERENCE ONLY AND IN NO WAY DEFINE, LIMIT, OR DESCRIBE THE SCOPE OR INTENT OF THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES RECITED BELOW. METRA CONTRACTOR NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION BY BY DATE DATE TITLE TITLE BUSINESS ENTITY CORPORATION, PARTNERSHIP, ETC. ATTEST ATTEST BY BY DATE DATE TITLE TITLE |
(Ord. MET 86-32, passed 9-12-1986)