HomeMy WebLinkAboutRes 37-20 08/04/2020 Authorizing staff to ebetr into a preliminary engineering service agreement with Union Pacific Railroad(Melas/Meadows Bridge18144aeol
A RESOLUTION AUTHORIZING STAFF TO ENTER INTO A PRELIMINARY
ENGINEERING SERVICE AGREEMENT WITH THE
UNION PACIFIC RAILROAD FOR THE DEVELOPMENT OF THE
MELAS/MEADOWS BRIDGE PHASE 1 STUDY PROJECT
WHEREAS, the Village of Mount Prospect is developing two (2) capital projects, the
Melas/Meadows Bridge Phase 1 Study Project and the Train Station Platform Extension
Project, that require engineering review and coordination with the Union Pacific Railroad
Company; and
WHEREAS, one (1) resolution authorizing staff to inter into preliminary engineering service
agreements for both capital projects was presented at the July 21, 2020 meeting of the
Village Board; and
WHEREAS, the Village Board voted to separate the resolution into two (2) separate and
independent resolutions for each project by a vote of 5-1; the Village Board further voted to
authorize staff to enter into preliminary engineering services agreement with the Union
Pacific Railroad for the development of the Melas/Meadows Bridge Phase I Study Project
by a vote of 5-1 subject to the adoption of a formal resolution on August 4, 2020; and
WHEREAS, the Preliminary Engineering Service Agreements being the subject of this
Resolution provides the Village of Mount Prospect with rights to utilize Union Pacific
Railroad's right of way for the Melas/Meadows Bridge Phase I Study Project.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby
authorize staff to enter into Preliminary Engineering Services Agreements with the Union
Pacific Railroad to benefit further development of the Melas/Meadows Bridge Phase 1
Study Project, a copy of which is attached hereto and hereby made a part of this
Resolution as Exhibit "A"
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
F'WAV000134
PASSED and APPROVED this 4th day of August, 2020.
Resolution No. 37-20 Melas/Meadows
Arlene A. Juracekj
Mayor
►Xal*li
f(a"--ren M. Agoranos',
Village Clerk
UPRR REHAB
Project 771584
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Agency: VILLAGE OF MOUNT PROSPECT, ILLINOIS
Estimate: $26,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the
Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation (Railroad), and Agency,
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A
attached hereto (the "Project").
B. The Project will affect Railroad's track and right of way at or near the Project area
more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and
development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
1. NOW THEREFORE, the parties hereto agree as follows:
2. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees
to perform (or shall cause a third -party consultant to perform on Railroad's behalf) the
preliminary engineering services work described on Exhibit B attached hereto (PE' Work).
Agency acknowledges and agrees that, (a) Railroad's review of any Project designs, plans
and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on
existing and future Railroad facilities and operations; (b) Railroad makes no representations or
warranties as to the validity, accuracy, legal compliance or completeness of the PE Work; and
(c) Agency's reliance on the PE Work is at Agency's own risk.
3. Notwithstanding the Estimate, Agency agrees to reimburse Railroad and/or
Railroad's third -party consultant, as applicable, for one hundred percent (100%) of all actual
costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad
will provide (and/or will cause its third -party consultant to provide) progressive billing to Agency
based on actual costs in connection with the PE Work. Within sixty (60) days after completion of
the PE Work, Railroad will submit (and/or will cause its third -party consultant to submit) a final
billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its
third -party consultant, as applicable) within thirty (30) days after Agency's receipt of any
progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using
the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse
Railroad (and/or its third -party consultant, as applicable) for the PE Work shall apply regardless
if Agency declines to proceed with the Project or Railroad elects not to approve the Project.
4, Agency acknowledges and agrees that Railroad may withhold its approval for the
Project for any reason in its sole discretion, including without (imitation, impacts to Railroad's
safety, facilities or operations, If Railroad approves the Project, Railroad will continue to work
with Agency to develop final plans, and specifications and prepare material and force cost
estimates for any Project related work performed by Railroad.
5. If the Project is approved by Railroad, Railroad shall prepare and forward to
Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the
terms and conditions for the construction and ongoing maintenance of the Project. Unless
otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the
Project shall be at no cost to Railroad,,, No construction work on the Project affecting Railroad's
property or operations shall commence until the C&M Agreement is fin alizedand executed, by
Agency and Railroad.
6. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
7. No amendment or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties.
8. This Agreement sets forth the entire agreement between the parties regarding
the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding
the PE Work are inconsistent with the terms or provisions set forth in any existing agreement
related to the Project, such terms and provisions shall be deemed superseded by this
Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
Effective Date.
VILLAGE OF MOUNT PROSPECT, UNION PACIFIC RAILROAD COMPANY,
ILLINOIS a Delaware Corporation
ae
Signature . . . ..... Signature
Arlene A. Juracek
Printed Name
Mayor
Me
Chris Keckei'sen
Printed Name
STMr i
mini
�E,xhibit A
Prpiect Description and Location
Protect Description
Village of Mount Prospect, IL proposes to construct a pedestrian bridge over UPRR tracks at the
location listed below.
LocaVon
Harvard Subdivision
Crossing
DOT Type Milepost Street Name
................
9755640 Pedestrian 20.80 Pedestrian
Exhibit 8
Scope of Project Services
# Field dlagnostic(s) and inspections
0 Plan, specification and construction review
0 Project desIgn
01 Preparation of Project estimate for force account or other work performed by the
Railroad
0 Meetings and travel
Exhibit C
Billing Contact Informatfor