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HomeMy WebLinkAbout93-293 • Resolution No. 93-293 RESOLUTION AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT WITH ELGIN RIVERBOAT RESORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Cost Sharing Agreement on behalf of the City of Elgin with Elgin Riverboat Resort to enter into an agreement with Commonwealth Edison for the installation and relocation of electrical service facilities for the riverboat gaming site and city property to the north, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 17, 1993 Adopted: November 17, 1993 Vote: Yeas 6 Nays 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ' 1 RAGREE/RIVERBT.CSA COST SHARING AGREEMENT THIS AGREEMENT made and entered into as of November 17, 1993, by and between the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the "City") , and ELGIN RIVERBOAT RESORT, an Illinois partnership (hereinafter referred to as the "Developer" ) ; WHEREAS, the City and Elgin Riverboat Resort entered into a Development Agreement on June 24, 1992 for the establishment of a riverboat gaming facility along the Fox River on property owned by the City; and WHEREAS, the installation and relocation of Commonwealth Edison electrical service facilities are required in order to accommodate the needs of Elgin Riverboat Resort for the development of the subject property; and WHEREAS, the City is desirous of providing for the removal of additional overhead electrical service facilities and the undergrounding of same north of Lake Street and along Prairie Street; and WHEREAS, the parties have determined that it is necessary, desirable, and more economical to accomplish these improvements if Developer enters into a single contract with Commonwealth Edison to accomplish all of the various relocation of Commonwealth Edison facilities serving both the riverboat gaming site and the city property to the north. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings as set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are hereby incorprated into this agreement. 2. That within thirty (30) days hereof Developer agrees to enter into a contract with Commonwealth Edison Company for the installation and relocation of Commonwealth Edison utility facilities, all as set forth in the contract documents which are attached hereto and made a part hereof by reference as Exhibit A (hereinafter referred to as the "subject contract") . The City agrees to enter into appropriate easement agreements to provide access onto City property for the work contemplated in the subject contract. 3. That the Developer shall pay all costs due and owing to Commonwealth Edison under the subject contract. The City agrees to reimburse to the Developer a portion of these costs in the amount of $83, 183.53 The City shall reimburse the Developer these monies within sixty (60) days after all of the work under the subject contract has been completed and the Developer has paid in full Commonwealth Edison Company for same. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the date first written above. CIT •F :LGI , a municipal ELGIN RIVERBOAT RESORT, an corpo •n Illinois partnership BY h iL IL - By RBG, L.P. , One of Its C t . anager General Partners By HCCA orporation, Its Attest: Gen- . = 1 •artner 006IA,N-C /1‘C--C4 - 1 Ile ' City Clerk R. 1 S hu 'ze, Vice President Or • CUSTOMER WORK AGREEMENT NJ: 432133 Ser/Agreement #: WF930220 R: 1 Date $ 11/05/1993 BLGIN RIVERBOAT RESORT INC. ("Customer") and CO14r4ONWEALTH EDISON COMPANY ("Company") agree that the Company will furnish at the Customer's expense the labor and materials necessary to do the work for the Customer on or adjacent to the Customer's premises at WS GROVE AVE, S PRAIRIE, ELGIN, ILLINOIS, described below. $ 503,639.00 Base Tax $ 0.00 State Tax $ 503.63 Municipal Tax $ 0.00 Total Customer Charge $ 504,142.63 The Customer agrees to pay to the Company the sum of $504,142.63 at the time this agreement is accepted. The sketch, if any, attached hereto is hereby made a part of this Agreement and expressly designates ownership of the facilities referred to. This charge reflects only the work performed by the Company. There may be additional costs required by other utility or communication companies. They should be contacted for their associated charges. For Illinois Bell, call 1-800-244-4444. Work will be done during the Company's regular working hours, unless otherwise specified. This Agreement shall be void if not accepted by the Customer within ninety days from date submitted. Transformers and metering equipment installed in conjunction with this work, shall in all cases, remain the property of the Company. In the event the work covered by this Agreement cannot be completed within one year from the above date as a result of delays on the part of the Customer or because the Company has been denied access to the premises, the charge to the Customer shall be recomputed based on the level of costs prevailing at the time of completion of the work as stipulated in the Company's General Company Order No. 25. W.0./L.O. M.O. FOR THE COMPANY: FOR THE CUSTOMER: Submitted By Print Name Accepted By Signature Accepted By Signature Print Name Print Name Official Capacity Mail Bills To: Account Number: B -UC- Payment Stamp EXHIBIT A -PAGE 1 OF 4 sE�'i� lei LOCATION S it iI S.ER # WF930220 THIS INFORMATION IS FOR THE ELECTRICAL CONTRACTOR AND/OR ARCHITECT. FOR ELGIN RIVERBOAT RESORT INC, GROVE AVE RELOCATION, ELGIN IL. The electrical contractor should secure the approval of the appropriate Municipal Authority and must conform to the Commonwealth Edison Company's Book of Information and Requirements for the supply of Electric Service. This location is contingent upon there being no objection to crossing adjacent property with service wires if necessary. Location given is for the load shown above, and any change in the load may require change in location. Customer's underground conduit should not be installed in advance of Commonwealth Edison Company's conduit. Approval of this extension will constitute customer's approval of service location as shown on the sketch provided LEGEND 0 Utility Pole 0 Cable Terminal Pole Transformers -- F Anchor — -- - Overhead Conductors ® Steel Towers Sectionalizers ` Manholes r Proposed Duct -0-4.-+F Fence ,,� Removal Symbol COMMONVVEALTH EDISSON COMPANY LOCATION PLAN FOR EIECIRICAL MARKETING AND ENGINEERING DEPARTMENTS FAQIIIIES APPROVED BY: "Cr-. w A c kc4:12— PHONEPA i- .1.-4 MARK, EER CUSTOMERS NAME(PLEASE PRINT) 3I(.1.A3 C&. DATE: \\3`Ct3 ENGINEER TITLE • APPROVED:• �' ' CUSTOMERS SIGNATURE DATE mss) 'PAGE 2OF4 Commonwealth Edson Company to: 1. Remove all facilities marked with removal symbol as shown on sketch. 2. Remove steel light pole equipment. City of Elgin or Developer to remove the base and poles 3. Open cut all streets. Repairs for streets to be done by City of Elgin or Developer. 4. Break and open all sidewalks. Repairs for sidewalks to be done by City of Elgin or Developer. 5. Rebuild existing pole line at TDC 570 as shown on sketch, for relocation of 34kv line over the river. 6. Install cable in existing duct form TDC 570 to manhole at Times Square and National St. 7. Set 3 line bay 1 fuse bay sectionalizer on Forest Preserve Property at southwest corner of Times Square and National St. Any costs to obtain an easement for sec tionalzier will be responsibility of City or Developer. 8. Build 3 cable terminal poles at southwest corner of National St. and Times Square for relocation of overhead lines. 9. Install new 6 duct on National St from Tunes Square to Grove St. 10 Pour large T manhole to connect new duct with old on southwest corner of Grove and National St. 11. Install 4 line bay sectionalizer at northeast corner of Grove and National St. (exact location of sectionalizer may very according to Developers final plans). 12. Install new 12-5" duct along Grove St. from National St. to Prairie St. Including 2 large straight manholes and 1 T manhole at Lake and Grove, 1T at Grove and Prairie. 13. Install 6 - 5" duct on Lake St from Grove to Wellington. 14. To install new Cable up feed pole on Lake St. 30 ft west of Existing corner pole. Existing corner poles to remain to service Newspaper customer as shown on sketch. 15. To abandon existing 12 - 4" duct and manholes on Grove between Lake and Prairie. 16. To install 6 - 5" duct along Prairie St. from Grove to Wellington. 17. Install 2 4-bay sectionalizers and 2 compartmental transformers to service existing customers on north side of Prairie. (Exact location of transformers and sectionalizers to be determined at time of construction.) 18. Install 2 4 bay sectionalizers on the southwest corner of Grove and Lake to provide service to customer pavillion PAGE 3 OF 4 Customer to: 1. Be responsible for the conversion of overhead to underground meter fittings for commericial and residential customers on north side of Prairie St. 2. Adhere to space requirements pertaining to compartmental transformers and switchgears. A ten (10) foot clearance is required on the door/entrance side of all CE equipment for safety and operating purposes. CE personnel may refuse to operate equipment which may deviate from these requirements. 3. Supply easements where necessary. A 10 ft easement is required for all facilities that will remain not on city property. All swithchgears require a 20 ft. minimum box easement 4. Make final repairs on all streets. C. E. Co. contractor to open cut all streets for duct. 5. Be responsible for all restoration after completion of C. E Co. work, including all streets and sidewalks. 6. Provide all road and construction plans, and work with C. E. Co. engineer for exact placement of duct and new facilities. 7. Note that prior to trenching operations, the customer shall make the easement strip accessible to C. E. Co. equipment, and shall arrange that the grade of the strip will not be above, nor more than four inches below final grade. 8. Be responsible for removal of all contaminated soil and the removal of the existing tower foundations. 9. Be responsible for the removal of all steel poles and bases. General Notes 1. This cost estimate is for relocation of Commonwealth Edison facilites only. Customer is to contact all other parties involved (i.e. IBT CATV) for their charges. 2. This plan and/or charges are contingent upon Commonwealth Edison obtaining all necessary permits and/or easements. Any additional cost to obtain the permits and/or easements will be borne by the customer before any work will begin. 3. Any additional costs not covered in this plan as stated will be charged to the customer as additional relocation expenses. ammorommiluiVairrors • '...•MEM=INIIIIIING INIM Eli i : 311:— 'NM. •.... • •• 1i ip -- . ■ ■ • • t3...,r 1G4 - . : 'lit -- • • ::-: / . I 51 . • . .‘ .. I Cif/ IP --- - - I , .. ..All 3/10Y9 •M` ',,•-_. AV 3noa^ * °-� -- - — �: :fir --• -- - Ill s 4.1 . ....•' .1"... •••S•••• ,,,,i/4111rio. , ......f....:' ilEi o • . : _���10�1L �■��1r . w19N1»3/t t-01011:-.13n �.� . .�___�� ltd - {,�pb133N:. r ill A N 7 _• • op.* 4122K�iM YU -- /___ ..._ _.,...w,._.�i i--�},. ? , - NI A N 1 1 I :11 A N 7 3 •••• _• lYbS3Y 1v02Y3n1Y M1913• • • • - Y December 17, 1993 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: Cost Sharing Agreement between the City and Elgin Riverboat Resort Attached for your files is an originally executed copy of the Cost Sharing Agreement between the City and Elgin Riverboat Resort. The agreement relates to the installation and relocation of Commonwealth Edison electrical service facilities. VAidei°° WAC mg Attachment ,y ElPin fow ,ry Agenda Item No. NJ �4 October 22, 1993 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Cost Sharing Agreement with Hyatt Development Corporation for Commonwealth Edison Utility Relocation PURPOSE the purpose of this memorandum is to present to the City "ouncil with information relating to a proposed agreement between the City and Hyatt Development Corporation for the =raring of the costs associated with the relocation of Common- wealth Edison electrical facilities in the South Grove rede- velopment area. BACKGROUND Extensive relocation of Commonwealth Edison facilities are required in order to accommodate the needs of the Elgin River- boat Resort development. The scope of the required work is as follows: - Remove all Commonwealth Edison overhead electrical wires which cross the Fox River between National Street and Chicago Street. - Remove all Commonwealth Edison overhead electrical wires and poles bound by the Fox River on the west, Wellington Avenue on the east, the north edge of National Street on the south and the south edge of Prairie Street on the north, with two exemptions. First exemption: Pole and . overhead wire remains at southwest corner of Prairie and Wellington heading east. Second exemption: Pole and overhead wire remains at southwest corner of Lake and Wellington heading northeast. - Install an underground conduit and manhole system en- cased in concrete approximately 36" under the pavement of National Street, Grove Avenue, Lake Street and Prai- rie Street, connecting to the existing conduit and man- hole system. • . Cost Sharing Agreement With Hyatt Development Corporation October 22, 1993 Page 2 - Install the necessary underground cable in the new con- duit and manhole system to continue electrical service to the Elgin area.. - Install above-ground switching centers (self-contained units, approximately 8'x8'x6 ' high) at various loca- tions, as required. - Install an overhead pole and wire system along the west bank of the Fox River in front of the existing substa- tion. To date, Commonwealth Edison has completed the installation of conduits on the National Street bridge. Commonwealth Edison is currently finalizing the engineering plans for this project. FINANCIAL IMPACT When costs for this project were developed, this project was subdivided into three phases: Phase I $484,716.47 Phase II 110,129.73 Phase III 54,280.85 National Street Bridge Conduit Overrun 15,000 .00 Total Cost $664, 127.05 Phase I involves bringing additional power to the riverboat site and removing overhead lines in the project area. Phase II encompasses the area north of Lake Street and south of Prairie Street. Overhead lines would be relocated under- ground. Phase III involves removing and undergrounding the overhead lines along Prairie Street. Hyatt Corporation has agreed to be responsible for all costs of Phase I. The cost for Phase II will be split between Hyatt Corporation and the City since the improvements is mutually beneficial to both parties. Phase III only benefits the City, but it makes sense to proceed with the improvement while the other improvements are being done. Commonwealth Edison will discount the cost of the project by the rate of .8035 if all the work is done at one time and the work is authorized by a single customer. Cost Sharing Agreement With Hyatt Development Corporation October 22, 1993 • Page 3 The discounting brings the project cost down to $533,625.80. The City's cost of this total would be $87,859 .27. Under the proposed cost sharing agreement, the Hyatt Corporation will contract with Commonwealth Edison for all three phases of the project. The City will pay the Hyatt Corporation $87,859.22 at the completion of the project. The City's share of the contract will be funded from Fund 392 . RECOMMENDATION • Direct the staff to prepare a cost sharing agreement with Hyatt Development Corporation for the electrical improvements in the South Grove Avenue area. �ht 4 .111I , J-- Rob-rt O. 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