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HomeMy WebLinkAbout90-0509 Metra 10 .056ck Jvjetrd 547 W Jackson Blvd Chicago, Illinois 60606 Telephone.* 312-322-6900 May 10, 1990 Mr. David Lawry Engineering Department CITY OF CHICAGO 150 Dexter Court Chicago, Illinois 60120-5555 Re: National Street Bridge Rehabilitation Dear Mr. Lawry: Attached for your records is a fully executed original of the Right of Entry which allows your contractor to enter upon Metra 's right of way for the purpose of making repairs to the National Street Bridge. You are reminded that you must comply with the conditions set forth in my letter of April 12 , 1990 (copy attached) addressed to Midwest Consulting Engineers. Sincerely, C714444( CL)* James W. Burcham Director Office of Contract Management Attachments cc. L. J. Thorson V. L. Stoner Y 1 JWB/KJH/pk • Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation. RIGHT OF ENTRY AGREEMENT MILWAUKEE DISTRICT THIS AGREEMENT , made this ? 41day of WOW , 19 324, by and between the Commuter Raft7ivision of theAegional Trans- portation Authority ( hereafter called "Metra" ) and City of Elgin ( hereafter called the " Indemnitor" ) . PRELIMINARY STATEMENT The Indemnitor desires to enter upon the premises of Metra for the purpose of making repairs to the National Street Bridge . Metra is willing to permit the Indemnitor to enter upon such portion of its right-of-way for a period of 70 days from the effective date of this agreement for such purpose upon the terms and conditions set forth hereafter ; The Soo Line Railroad Company ( Soo ) performs the maintenance obligations for Metra on the premises owned by Metra under this Right of Entry Agreement. In consideration of the mutual promises hereinafter set forth , it is agreed as follows : 1 . Metra hereby agrees to permit the Indemnitor to enter upon its property in the vicinity of Mile Post 36 . 02 in Elgin , Illinois . 2 . The Indemnitor agrees to reimburse Metra and/or Soo for all costs and expenses in connection with the use of Metra and/or Soo ' s personnel incurred as a direct result of the Indemnitor ' s use of equipment and personnel while on Metra ' s premises . 3 . The Indemnitor hereby assumes and agrees to RELEASE , ACQUIT , WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE Metra , Soo , and the Regional Transportation Authority , their directors , administrators , officers , employees , agents , successors , assigns and all other persons , firms and corporations , from and against any and all claims , demands or liabilities imposed upon them by law or otherwise of every kind , nature and character on account of personal injuries , including death at any time resulting therefrom, and on account of damage to or destruction of prop- erty , arising from any accident or incident which may occur to or be incurred by the Indemnitor , its employees , officers , agents and all other persons acting on its behalf while on Metra property . 4 . The Indemnitor agrees to indemnify and hold harmless Metra , Soo , and the Regional Transportation Authority , their directors , officers , agents and employees , from and against any and all liabilities , losses , damages , costs , payments and expenses of every kind and nature ( including attorneys ' fees and disbursements ) as a result of claims , demands , actions , suits , proceedings , judgements or settlements , arising out of or in any way relating to or occurring in connection with the use or condi - tions of the premises used pursuant to this Agreement. Metra agrees to notify the Indemnitor in writing within a reasonable time of any claim of which it becomes aware which may fall within this indemnity provision . The Indemnitor further agrees to defend Metra , Soo , and the Regional Transportation Authority , their directors , officers , agents and employees against any claims , suits , actions or proceedings filed against any of them with respect to the subject matter of this indemnity provision , whether such claims , suits , actions or proceedings , are right- fully or wrongfully made or filed; provided , however , that Metra , Soo , and the Regional Transportation Authority may elect to participate in the defense thereof at their own expense or may at their own expense employ attorneys of their own selection to appear and defend the same on behalf of Metra , Soo , and the Regional Transportation Authority , their directors , officers , agents or employees . The Indemnitor shall not enter into any compromise , or settlement of any such claims , suits , actions or proceedings without the consent of Metra , Soo , and the Regional Transportation Authority, which consent shall not be unreasonably withheld . Notwithstanding anything in this Agreement to the contrary , the indemnities contained in this paragraph shall survive termination of this Agreement. 5 . The Indemnitor agrees to furnish insurance as required by Metra ' s Risk Management Department ( 322-6991 ) . 6 . The Indemnitor further agrees to restore the premises to the condition that existed prior to commencement of their entrance upon Metra right-of-way . 7 . Indemnitor shall contact L . J . Thorson , Public Contact Engineer , Soo Line Railroad Company , Telephone ( 612 ) 347-8274, Metra ' s Police Communication Center at ( 312 ) 322-2800 and Metra ' s Engineering Department at ( 312 ) 322-2801 at least seventy two ( 72 ) hours prior to entry upon Metra ' s right of way . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers on the day and year first written above . COMMUTER RAIL DIVISION OF THE REGI NAL TRANSPORTATION AUTHORITY By . ea. INDEMNITOR : CITY 01 ELGIN • BY : Ate , 400 . // , 4 _ MilwDstROE/KJH : pk/3-23-89 /05 /114( izei& jetra 547 W Jackson Blvd Chicago, Illinois 60606 Telephone: 312-322-6900 April 12 , 1990 Mr. Otto J. Hatlestad MIDWEST CONSULTING ENGINEERS, INC. 5151 North Harlem Avenue Chicago, IL 60656 Re: National Street Bridge Repair City of Elgin Dear Mr. Hatlestad: This is in response to your letter of March 7 , 1990 requesting review and comments on the plans and specifications for the proposed repairs to the National Street Bridge. We have completed our review and have the following comments: 1. When the bridge is closed for reconstruction, approxi- mately 40 parking spaces will be eliminated. Therefore, construction start-up (May 1990) should be delayed until Metra ' s new National Street parking lot is placed in service, approximately July or August 1990 . 2 . Relocation of existing gates and flashers will need to be closely coordinated with the Soo Line Railroad signal forces. The time the gates will be temporarily located in the middle of the street must be kept to a minimum. 3 . As the contractor will be working under the signal pole line, it will be mandatory for a signal maintainer to protect said line. 4 . A railroad flagman is required whenever the contractor is working on Metra property. Sincerely, (3011CLog.t.--' James W. Burcham Director Office of Contract Management cc: L. J. Thorson JWB/JJP/pk Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation.