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HomeMy WebLinkAbout7.1 A RESOLUTION AUTHORIZING STAFF TO ENTER INTO PRELIMINARY ENGINEERING SERVICE AGREEMENTS WITH THE UNION PACIFIC RAILROAD FOR THE DEVELOPMENT OF THE MELAS/MEADOWS BRIDGE PHASE 1 STUDY PROJECT AND THE TRAIN STATION PLATFORM EXTENSION PROJECT, e t �f Item Cover Page i, i ,a" wubject A RESOLUTION AUTHORIZING STAFF TO ENTER INTO PRELIMINARY ENGINEERING SERVICE AGREEMENTS WITH THE UNION PACIFIC RAILROAD FOR THE DEVELOPMENT OF THE MELAS/MEADOWS BRIDGE PHASE 1 STUDY PROJECT AND THE TRAIN STATION PLATFORM EXTENSION PROJECT Meeting July 21, 2020 A' MEETING OF • PROSPECT•A.D Fiscal Impact true $125,000-00 .wollar Amount ��,ategory NEW BUSINESS Type Resolution Information The Village is in the process of developing two (2) capital projects that require engineering review and coordination with the Union Pacific Railroad Company. Both projectsimpactrailroad's! • McDonnellOne project is the Melas/Meadows (pedestrian/bicyclist) Bridge Phase 1 Study Project. The Village Board awarded a contract for this project to Burns & - ! consultants at the February• Regular Meeting. The purpose • project is t• satisfy formal• Department of Transportation Phase engineering ! requirements therebyr • 1, the project's eligibility for county, statel and federal grant programs to fund future construction phases. In addition,, staff expects that a refined scope and more definitive cost estimate will improve the viability of the project for local partne� investments including park districts and schooldistricts. In summary, the project ex. - - r of • ! . shared use 1 bridge that spans both the Union Pacific Railroad and U.S. Route 14 (IDOT) rights • ! The bridge originate ! Park and terminate Meadows ■ !' providing a key link for pedestrians and bicyclists across a busy transportation corridor. The second project is a platform extension for the downtown train station. The Village Board awarded a contract to develop engineering plans and specifications for this project to HDR engineering consultants on June 18,, 2019. HDR's assignment includes design engineering and construction engineering (observation and contract administration) services necessary to extend the existing commuter rail station platform as required by the Union Pacific Railroad Company,, Metra,, and the Illinois Commerce Commission. The platform extension would result in a reduction in traffic disruptions,, by reducing the length of time railroad crossing gates . ! • This platform extension will help satisfy a short-term goal to modify the stopping position of inbound trains. Inbound trains that stop further east for boarding and alighting passengers will shorten the time crossing gates are in the down position blocking traffic on Illinois Route 83 (Elmhurst Road/Main Street). As part of project development for both efforts, staff and consultants have initiated communication with various stakeholders including the Union Pacific Railroad (UPRR). UPRR has subsequently explained that their business processes have changed due to corporate reorganization. Notably, the firm no longer performs engineering !l or consultations in-house staff.work of this type is now distributed to hired engineering consulting firms. Consequently,, UPRR now requires all entities requesting engineering services fro the firm commit to a Preliminary Engineering Services Agreement before services are rendered. This agreement establishes the scope of services to be performed and effectively creates an escrow against which the costs for the firm's hired engineering 1,e -g o. ! be charged. !e•' The Melas/Meadows Bridge Phase 1 Study Project requires UPRR review of the study report and engineering advice on permissible spans,, structures,, or interruptions of the railroad right-of-way. UPRR has transmitted a Preliminary Services Agreement for this work escrowing $25,000 to remunerate their consultants forwork. The train station platform extension project will require more intensive engineering review of detailed plans and specifications. It will also likely require site visits,, engineering surveys, and possible modification of existing tracks. 2 Consequently, the escrow created by the agreement for this work is much larger. The Preliminary Services Agreement for the platform extension requires a $100,000 escrow. It is relevant to note that staff is in the process of confirming a $900,,000 Illinoi Department of Commerce and Economic Opportunity (DCEO) grant for this proposed project. It is staffs understanding that this grant is a manifestation o provisions in the 101st General Assembly's Illinois House of Representatives Bill 62. The proposed UPRR engineering cost is a grant eligible expense. I UPRR has advised staff that costs are billed as incurred. Additionally, UPRR has suggested that actual costs will likely be much lower than requested escrows. However, the agreements and escrows are standardized based on type of work indicated. interestsThe UPRR is the principal operating company of the publicly traded, for-profit Union Pacific Corporation. As a private, federally regulated railroad, its right -of- ! ' !e local and state jurisdictions.other words,Village does not have the authority to impact the railroad's ground or air rights without express permission from the company. Presently,, neither of the Village's projects (Melas/Meadows Bridge or Train Station Platform Extension) can be further developed without engineering review and feedback from UPRR. The Village Attorney has reviewed agreements and finds the terms acceptablel Alternatives Pass a resolution authorizing staff to enter into Preliminary Engineering Services Agreements with the Union Pacific Railroad. 1. Action . ' discretion of ' Village Board. Staff recommends approval of the Resolution. Staff Recommendation Staff recommends that the Vil.'• Board pass . resolution authorizing the mayor to sign Preliminary Engineering Service Agreements with the Union Pacific Railroad to facilitate development of the Melas/Meadows Bridge Phase 1 Study Project and the Train Station Platform Extension Project. V UP Reimbursement Agreement Melas Ped Crossing.pdf UP Reimbursement Agreement Train Platform.pdf Resolution Preliminary Engineering Services AgreementsUnion Pacific Railroad.pdf UPRR REMS Project 771584 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Agency: VILLAGE OF MOUNT PROSPECT, ILLINOIS Estimate: $25,000.00 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 limitation, 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 finalized and 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 Signature Printed Name Title Signature Chris Keckeisen Printed Name Manager I, Industry & Public Projects Title 2 6 Exhibit A Project Description and Location Project Description Village of Mount Prospect, IL proposes to construct a pedestrian bridge over UPRR tracks at the location listed below. Location Harvard Subdivision DOT Crossing Type Milepost Street Name 975564C Pedestrian 20.80 Pedestrian 3 7 Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following • Field diagnostic(s) and inspections • Plan, specification and construction review • Project design • Preparation of Project estimate for force account or other work performed by the Railroad • Meetings and travel Exhibit C Billing Contact Information Name Jeff Wulbecker Title Village Engineer Address 50 S. Emerson Street, Mount Propsect, IL, 60056 Work Phone (847) 870-5640 Cell Phone Email JWulbecker@mountprospect.org UPRR REMS Project 769458 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Agency: VILLAGE OF MOUNT PROSPECT, ILLINOIS Estimate: $100,000.00 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. 10 4. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, 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 finalized and 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 Signature Printed Name Title Signature Chris Keckeisen Printed Name Manager I, Industry & Public Projects Title 2 11 Exhibit A Project Description and Location Project Description Village proposes to extend the existing Amtrak Station at the location listed below. Location M.P. 19.667 Harvard Subdivision 12 Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following • Field diagnostic(s) and inspections • Plan, specification and construction review • Project design • Preparation of Project estimate for force account or other work performed by the Railroad • Meetings and travel 13 Exhibit C Billing Contact Information Name Sean Dorsey Title Public Works Director Address 1700 West Central Road, Mount Prospect, IL, 60056 Work Phone (847) 870-5640 Cell Phone Email sdorsey@mountprospect.org 14 RESOLUTION NO. A RESOLUTION AUTHORIZING STAFF TO ENTER INTO PRELIMINARY ENGINEERING SERVICE AGREEMENTS WITH THE UNION PACIFIC RAILROAD FOR THE DEVELOPMENT OF THE MELAS/MEADOWS BRIDGE PHASE 1 STUDY PROJECT AND THE TRAIN STATION PLATFORM EXTENSION PROJECT WHEREAS, the Village of Mount Prospect is developing two (2) capital projects that require engineering review and coordination with the Union Pacific Railroad Company; 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 and the Train Station Platform 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 and the Train Station Platform Extension Project; a copy of which is attached hereto and hereby made a part of this Resolution as Exhibit "A" and Exhibit "B" 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: NAYS: ABSENT: PASSED and APPROVED this 21St day of July, 2020. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk 15