CONSENT AGENDA #5. PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org MEMORANDUM Date: November 17, 2020 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Rand Road Sidepath Project – Railroad Crossing Agreements Issue: The City was awarded Illinois Transportation Enhancement Program funds to construct the Rand Road Sidepath project. The path will be located on the south side of Rand Road (Central Rd to Elk Blvd) and will cross over two sets of railroad tracks. An agreement with each railroad, the Wisconsin Central Railroad and the Union Pacific Railroad, is required. Analysis: These agreements will grant the City rights to construct, maintain and repair a new multi-use path within the railroad right of way at each of these crossings. Each railroad will construct pedestrian gates, lights, and crossing surfaces at their tracks. The City will be reimbursed these costs through the grant. The addition of sidewalk/sidepath along the Rand Road corridor is one of the most highly requested facilities in the City. Under existing conditions, there is no sidewalk on either side along most of the length of the Rand Road corridor. The project will locally connect residential areas, schools, and businesses. This sidepath is part of the Northwest Municipal Conference Bike and Pedestrian Network. Recommendation: We recommend the City enter into two agreements with 1) Wisconsin Central Ltd. and 2) Union Pacific Railroad Company for the construction and maintenance of the Rand Road Sidepath project. All costs for these agreements will be covered by the Illinois Transportation Enhancement Program grant. Source of funding will be Grant Funded Projects Fund. Attachments: Resolution R-197-20 Exhibit A – Union Pacific Railroad Agreement Exhibit B – Wisconsin Central Railroad Agreement Page 1 of 50 CITY OF DES PLAINES RESOLUTION R - 197 - 20 A RESOLUTION APPROVING AGREEMENTS WITH THE WISCONSIN CENTRAL LTD. AND UNION PACIFIC RAILROADS REGARDING THE CONSTRUCTION OF THE RAND ROAD SIDEPATH AT-GRADE RAILROAD CROSSINGS. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City was awarded Illinois Transportation Enhancement Program ("ITEP") funds to construct the Rand Road multi-use sidepath (“Multi-Use Path”) to be a part of the Northwest Municipal Conference Bike and Pedestrian Network, which will be located on the south side of Rand Road from Central Road to Elk Boulevard ("Project"); and WHEREAS, as part of the Project, the City will construct a portion of the Multi-Use Path within railroad rights of way ("Crossing Improvements") where the Multi-Use Path crosses the Wisconsin Central Railroad ("WCRR") and Union Pacific Railroad ("UPRR") (collectively, "Railroads") at-grade tracks; and WHEREAS, in order to construct the Crossing Improvements within the UPRR right-of- way, the UPRR requires the City to enter into an agreement ("UPRR Agreement") granting the City a license to construct the Crossing Improvements in the not to exceed amount of $30,000 and setting for the parties’ respective rights and responsibilities regarding the construction of the Crossing Improvements; and WHEREAS, the WCRR also requires that the City enter into an agreement ("WCRR Agreement") setting forth the parties’ respective rights and responsibilities regarding the construction of the Crossing Improvements; and WHEREAS, the cost of the Crossing Improvements will be reimbursed to the City with ITEP funds; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the WCRR Agreement and the UPRR Agreement with the Railroads; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. 1 Page 2 of 50 SECTION 2: APPROVAL OF UPRR AGREEMENT. The City Council hereby approves the UPRR Agreement with the UPRR in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE UPRR AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final UPRR Agreement with the UPRR. SECTION 4: APPROVAL OF WCRR AGREEMENT. The City Council hereby approves the WCRR Agreement with the WCRR in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the General Counsel. SECTION 5: AUTHORIZATION TO EXECUTE WCRR AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final WCRR Agreement with the WCRR. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2020. APPROVED this _____ day of _____________, 2020. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving License Agreements with WCRR and UPRR for Rand Road Sidepath Project 2 Page 3 of 50 UP Real Estate Folder No.: 2291-93 PUBLIC AT-GRADE CROSSING Rand Rd DOT 174106B Milwaukee Subdivision, Mile Post 12.57 Des Plaines, Cook County, Illinois THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 2020 ("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 the CITY OF DES PLAINES, a municipal corporation or political subdivision of the State of Illinois to be addressed at 1420 Miner St., Des Plaines, IL 60016 ("Political Body"). RECITALS: Presently, an at-grade public road crossing exists for Rand Road a/k/a US Highway 12, DOT 174106B, at Railroad’s Milepost 12.57 on Railroad’s Milwaukee Subdivision, at or near Des Plaines, Cook County, Illinois (the “Existing Crossing”). The Political Body desires to undertake as its project (the “Project”) the construction of new multi-use path (the “Path”) on the south side of the Existing Crossing, including improvements to the existing warning devices and the installation of new pedestrian gates, in accordance with the Plans (defined below). The portion of the Project, including the Path, warning devices and pedestrian gates, within the Railroad’s property is hereinafter referred to as the “Crossing Area.” Under this Agreement, the Railroad will be granting rights to the Political Body for the construction, maintenance and repair of the Project within the Crossing Area. The Crossing Area is shown on the print marked Exhibit A attached hereto and hereby made a part hereof, and as described in the Detailed Print(s) marked Exhibit A-1 attached hereto and made a part hereof. 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 follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. 1 Exhibit A Page 4 of 50 Section 2. RAILROAD GRANTS RIGHT For and in consideration THIRTY THOUSAND DOLLARS ($30,000) 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 Project, including the Path, 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, including without limitation any CIC (defined below) hired by the Political Body. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any Project work within the Crossing Area or on any portion of Railroad’s property, and any subsequent maintenance or repair work, the Political Body shall require the Contractor to: (i) execute the Railroad's then current form of Contractor's Right of Entry Agreement (“CROE”). (ii) obtain the then current insurance required in the CROE; and (iii) provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current CROE 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 CROE 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 endorsements shall be sent to: Senior Manager - Contracts 2 Exhibit A Page 5 of 50 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No.