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HomeMy WebLinkAbout92-0722 RTA License Agreement fa-o7aa. RTA [i cen se. ag r-Q-e.4eol- RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with the Commuter Rail Division of the Regional Transportation Authority for the Big Timber/Tyler Creek interceptor sewer, a copy of which is attabhed hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 22, 1992 Adopted: July 22, 1992 Omnibus Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SPEED MESSAGE TO FROM /AL / c r „, • , ir MP' ;0:7;4 " 404,(1 , ' , 4 DATE r y' /9*/0 ./ f( 74- e "X tr<ri-e-71 /1' „e-de)Le, / A:7rAe 77) Ki? r / ;;(-1 ( 0 e /1 )77 '1 IGNE. 42U WilsonJones•Darbonlem•MADE IN USA D UP LICA:11... e7LexhAr.." 661731" 44-900 Damkate • • • �n C Agenda Item No . July 1, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Big Timber/Tyler Creek Interceptor Metra License Agreement PURPOSE: This memorandum will provide the Mayor and Council with information to consider the subject License Agreement. BACKGROUND: The Big Timber Interceptor Sewer will pass under the right-of-way for Metra at Lyle Avenue (Big Timber Commuter Lot) . As is customary in these situations, it is necessary to enter into a licence agreement with the railroad involved. A copy of the license agreement is attached for your consideration. FINANCIAL IMPACT: The cost associated with this agreement is the preparation fee of $500 and the first annual rental charge of $300 for a total of $800, payable in advance. The funds for this license could come from the 1991 Bond Fund (391-997- 9920) . The annual rental charge will vary based on the consumer price index. RECOMMENDATION: It is recommended that the Mayor and Council authorize the City Manager and the City Clerk to sign the License Agreement with Metra for the Big Timber/Tyler Creek Interceptor Sewer. It is further recommended that the staff be directed to prepare a check in the amount of $800 as payment for the license agreement. Lar el4( City Manager do Attachment PIPE LINE LICENSE Commuter Rail Division of the Regional Transportation Authority, hereinafter called the "Licensor" , hereby grants to City of Elgin with offices located at 150 Dexter Court, F1 -in, TL nm2n hereinafter termed the "Licensee" (used as a neuter noun, in singular number whether representing one or more corporations, copartnerships or persons) , a license for pipe line purposes, and no other purpose, along the course indicated in yellow on the print attached hereto, marked Exhibit "A" and by reference made a part hereof; and That for and in consideration of payments to be made to the Licensor by the Licensee, as hereinafter set forth, and also of the covenants and agreements hereinafter mentioned to be observed, kept and performed by the Licensee, Licensor hereby grants unto the Licensee the right to install a 36 inch pipeline, for the purpose of conveying sanitary sewage and thereafter to maintain, operate and renew the same during the continuance of this License, across, underneath or along the right of way and tracks (or track, as the case may be) of the Licensor; This License is granted upon the following express conditions, terms and covenants to be observed, kept and performed by the Licensee. [ 1. As one of the considerations for the foregoing License, the Licensee agrees to pay to the Licensor the sum of $ 500.00 as cost of preparation of this agreement, payable in advance. As rent, Licensee shall pay Licensor annually, in advance, the sum of Three Hundred Dollars ($ 300.00 ) (hereinafter called "Base Rent") . Payment must be made promptly as stated in the rental billing referred to in Paragraph 1 hereof. The Base Rent shall be subject to annual adjustment in manner and on the terms set forth in Paragraph 1 hereof. Licensee shall pay to Licensor, simultaneously with its execution hereof, the Rent due for the first year of the Term hereby created. At the beginning of each calendar year following the effective date of this License, the Base Rent, as defined above to be paid by Licensee to Licensor pursuant to Paragraph 1, shall be increased or decreased by the percentage change in the consumer price index calculated and determined in the manner set forth herein. Any increase or decrease shall be in relation to an index of 408.0 for the Base Year of 1991. As used in this clause, the following terms shall have the following respective meanings: (1) "Bureau of Labor Statis- tics" shall mean the Bureau of Labor Statistics of the United States Department of Labor, Washington, D.C. ; (2) "Index" shall mean the Consumer Price Index-All Urban Consumers (CPI-U) U.S. City Average All Items (1982-84=100) issued by the Bureau of Labor Statistics; (3) "Base Year" shall mean the calendar year herein- before shown; and (4) "Comparison Year" shall mean each calendar year occurring after said Base Year during the Term of this License and during any holding over by Licensor. The amount of Base Rent stipulated in Paragraph 1 of this License shall hereafter be increased or decreased (but shall not in any event be less than the amount so stipulated as Base Rent in this Paragraph 1) by the same percentage of increase or decrease, as the case may be, in the Index for each Comparison Year over or under the Index for the Base Year. Licensor shall render Licensee rent bills showing the increased or decreased amount of rent to be paid by Licensee after each particular Comparison Year has occurred; however, (1) the provisions herein shall not be invalidated or waived, or deemed to be invalidated or waived, by reason of delay either in rendering any rent bill or in the final determination or any dispute with respect thereto; and (2) the failure of Licensor to render a rent bill based upon any Comparison Year shall be without prejudice to the right of Licensor to render a rent bill based upon any subsequent Comparison Year. If the Bureau of Labor Statistics shall substitute a new Base for 1982-84=100 Base, hereinbefore stipulated as the Index Base, Licensor and Licensee agree that such substituted Base, adjusted and equated to 1982-84=100 Base in the manner recommended by said Bureau of Labor Statistics, shall then become and be the Index for all purposes herein. In the event the Index shall cease to be published, then, for purposes herein, there shall be substituted for the Index such other Index as Licensor and Licensee shall agree upon, and if they shall be unable to agree within sixty (60) days after the Index ceases to be published, such matter shall be determined by arbitration in accordance with the Rules of the American Arbitration Association, and the decision of the ar- bitrators shall be enforceable in a court having jurisdiction thereover. 2. Said pipe line shall be constructed as specified on Exhibit "A" attached hereto and by this reference made a part hereof. 3. The installation of said pipeline, including the digging and filling of any trench and the time and manner of doing all of the work or of any repairs or renewals upon the Licensor's right of way, shall be as indicated by its Contract Director or his authorized representative. All of said work shall be done in a good and workmanlike manner, and in accordance with plans, specifications, and profiles to be prepared by the Licensee and submitted for approval to the Licensor's Contract Director or his 2 authorized representative, and until such approval is first had, said work upon the Licensor's premises shall not be begun by the Licensee. The term "authorized representative" in part shall mean for purpose of this License the Soo Line Railroad Company, hereinafter referred to as "Soo. " Soo performs the maintenance obligations for the Licensor on the premises owned by the Licensor under this agreement. 4. The Licensor shall permit Licensee reasonable right of entry for the purpose of replacing, repairing, maintaining and operating said pipeline. 5. The Licensor shall have the right to retain the existing tracks and other improvements at the location of this pipeline and also shall have the right at any and all times in the future to construct, maintain and operate over, under, across or parallel to said pipe line such additional track or tracks as it may from time to time elect. Nothing shall be done or suffered to be done by the Licensee that will in any manner impair the usefulness or safety of the tracks and other improvements of the Licensor, or of such track or tracks and other improvements as it may in the future construct over, under, across, or parallel to said pipe line. The Licensor reserves the exclusive right to grant future easements under, over, across or parallel with the said pipe line. 6. The Licensee agrees that it will bear and pay the entire cost of constructing, maintaining, repairing, replacing and operating said pipe line. If deemed necessary by the Licensor and/or Soo, a flagman will be provided by Soo, the cost of such services to be paid by the Licensee. Licensee shall contact L. J. Thorson, Public Contact Engineer, Soo Line Railroad Company, Telephone (612) 347-8274, three (3) working days in advance of initial entry upon the Licensor's premises and/or for flagmen requirements. 7. The Licensee agrees that it will, immediately upon receipt of a statement showing the amount thereof, pay all cost of any and all work performed upon the right of way and tracks of the Licensor which shall be made necessary by the construction, repair, renewal or presence thereon of said pipe line. 8. The Licensee agrees that it will give ample notice in writing to the Licensor and Soo of the time when it, the Licensee, will commence any construction, replacement, repair maintenance or operation of said pipeline in order that the Licensor and/or Soo may, if it so desires, have their representative present for the purpose of directing said work so that the same may be done in a rmanner satisfactory to the Licensor and/or Soo. 3 9. The Licensee agrees that before and during the construc- tion, replacement, repair, maintenance or operation of said pipeline, or at any other time, the Licensor shall have the right to provide such safe and temporary structures as it may deem necessary for safely caring for and preserving its tracks, buildings or other improvements and the Licensee agrees to pay to the Licensor the entire cost of putting in or removing such temporary structures, and of restoring the property of the Licensor as near as may be to the same condition in which it was before the commencement of said work. 10. The Licensee agrees that if, at any time, the Licensor shall change the location or grade of its track or tracks, or shall desire to use its right of way at said point of crossing or at any point along a parallel course with the pipeline for any purpose whatever, Licensee, at its own expense, shall make all changes required by Licensor. If the Licensee shall fail, neglect or refuse to make such change for a period of thirty (30) days after the receipt of written notice from the Licensor, then the Licensor may make such change at the expense of the Licensee. 11. Licensee shall at all times construct, replace, repair, maintain and operate said pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and regulations. If the manner of constructing, repairing, maintaining and operating said pipelines shall at any time be in violation of any applicable law, rule, regulation or ordinance, then Licensee shall at no cost or expense to Licensor, upon receipt of appropriate notice from a governmental agency having enforcement jurisdiction in the properties, make such changes or repairs as shall be necessary. Failure or refusal of Licensee to make the required changes or repairs within the time prescribed by said agency shall terminate this License, provided that it shall not terminate as long as Licensee, in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules or regulations. 12. Licensee hereby assumes and agrees to RELEASE, ACQUIT, WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and Soo, their directors, ad- ministrators, 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 property arising from any accident or incident which may occur to or be incurred by the Licensee its employees, officers, agents and all other persons acting on its behalf while on Licensor's property. 4 13 . Licensee agrees to indemnify and hold harmless the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and Soo, 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 disburse- ments) as a result of claims, demands, actions, suits, proceedings, judgments or settlements, arising out of or in any way relating to or occurring in connection with the use or conditions of the premises used pursuant to this License. The Licensor agrees to notify the Licensee in writing within a reasonable time of any claim of which it becomes aware which may fall within this indemnity provision. The Licensee further agrees to defend the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, Soo and 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 rightfully or wrongfully made or filed; provided, however, that the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional 'Commuter Railroad Corporation, and Soo 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 the Licensor, the Regional Transporta- tion Authority, the Northeast Illinois Regional Commuter Railroad Corporation, Soo and their directors, officers, agents or employees. The Licensee shall not enter into any compromise, or settlement of any such claims, suits, actions or proceedings without the consent of the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and Soo, which consent shall not be unreasonably withheld. Notwithstanding anything in this License to the Contrary, the indemnities contained in this paragraph shall survive termination of this License. 14. Prior to commencement of any work to be performed under the terms of this License, Licensee shall require its contractor(s) and/or subcontractor(s) to purchase the following insurance coverage. The total cost of the premium for such insurance shall be at the expense of the Licensee, its contractor(s) and/or subcontractor(s) : (a) Contractor' s Public Liability Insurance: The Contractor shall furnish evidence that, with respect to the operations it performs, it carries regular Contractor's Public Liability Insurance providing for a limit of not less than $2, 000, 000 single limit, bodily injury and/or property damage combined, for damages arising out of bodily inju- rries to or death to or destruction of property, 5 including the loss of use thereof, in any one occurrence in the name of the Licensor, the Region- al Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, the Soo Line Railroad, and any other operating railroad (s) . (b) Contractor's Protective Public Liability Insurance: The Contractor shall furnish evidence that, with respect to the operations performed by subcontrac- tors, it carries in its own behalf regular Contrac- tor's Protective Public Liability Insurance pro- viding for a limit of not less than $2, 000, 000 single limit, bodily injury and/or property damage combined, for damages arising out of bodily inju- ries to or death of all persons in any one occur- rence and for damage to or destruction of property, including the loss of use thereof, in any one occurrence in the name of the Licensor, the Region- al Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, the Soo Line Railroad, and any other operating railroad(s) . (c) Railroad's Protective Liability Insurance: In addition to the above, the Contractor shall furnish evidence, with respect to the operations it or any of its subcontractors perform, that it has provided Railroad Protective Public Liability Insurance (AAR-AASHTO form) in the name of the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and the Soo Line Railroad, and any other operating railroad(s) , providing for a limit of not less than $2, 000, 000 single limit, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons in any one occurrence and for damage to or destruction of property, including the loss of use thereof, in any one occurrence. Such insurance shall be furnished with an aggregate of not less than $6, 000, 000, for all damages as a result of more than once occurrence. (d) Workers ' Compensation Insurance. The Contractor shall furnish evidence that, with respect to the operations it performs, it carries a policy complying with the statutes of the State of Illinois covering all employees of the Contractor. The policy shall contain employers liability cover- 6 age with limits of not less than $100,000 each accident; $100, 000 each employee disease; and $500, 000 policy limit-disease in the name of the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, the Soo Line Railroad, and any other operating railroad(s) . (e) Automobile Liability Insurance. The Contractor shall furnish evidence that, with respect to the operations it performs, it carries a policy issued to and covering the liability of the contractor arising out of the use of all owned, non-owned, hired, rented or leased vehicles which bear or are required to bear license plates accord- ing to the laws of the State of Illinois and which are not covered under the Contractor's Public Liability Insurance or the Contractor's Protective Public Liability Insurance. The policy shall name the Licensor, the Regional Transportation Authori- ty, the Northeast Illinois Regional Commuter Rail- road Corporation, the Soo Line Railroad, and any other operating railroad(s) as additional named insureds with respect to operations to be performed in connection with this contract, and shall contain a waiver of subrogation against same, their employ- ees or agents. Coverage under this policy shall have limits of liability of not less than $2 ,000, 000 per occurrence, combined single limit, for bodily injury and property damage liability. The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of this License is satisfactorily completed and formally accepted. Failure to carry or keep such insurance in force until all work is satisfactorily completed shall constitute a violation of the License. The Contractor shall furnish to the Licensor signed copies of the policy for Contractor's Public Liability Insurance and original of the AAR-AASHTO policy for Railroad's Protective Public Liability Insurance. If any work is subcontracted, the contractor shall furnish a signed copy of the policy for Contractor's Protective Liability Insurance. Soo requires an amendment under Coverage C for Railroad Protective Liability. Amendment GL 00 30 03 83 is attached hereto and made a part of this License. 15. This License may be terminated by either party giving to the other thirty (30) days' written notice of its intention so to do. In case of termination, the Licensee shall remove from the right of way of the Licensor said pipe line and shall restore said 7 right of way to its condition prior to the construction and installation of said pipe line; or upon failure, neglect or refusal of the Licensee so to do, the Licensor may make such removal and restoration, and the total cost hereof shall be paid by the Licensee immediately upon receipt of a statement; or, if the Licensor shall so elect, it may treat the said pipe line as abandoned by the Licensee and may make such disposition thereof as it may see fit. 16. This License and all of the terms, conditions, rights and obligations herein contained shall inure to and be binding upon the Licensor, its successors, lessees, and assigns and upon the Licensee, and the successors, assigns, lessees, heirs, executors, administrators, legal and personal representatives of Licensee whether hereinbefore so stated or not; but it is distinctly agreed that the Licensee shall not assign its rights under this License without the written consent of the Licensor first had and obtained. 17. The unenforceability or illegality of any clause or section of this Pipe Line License shall not affect the enforceability or legality of the remaining clauses and sections. IN WITNESS WHEREOF, the parties hereto have duly executed this License as of the day of r COMMUTER RAIL DIVISION OF THE ATTEST: REGIONAL TRANSPORTATION AUTHORITY By: Maureen Pochron Philip A. Pagano Assistant Secretary Executive Director ATTEST: CITY OF ELGIN LICENSEE By: C:\DOCS\LEA-PP\FORM.MRD(JWB/KJH/j h) 8 r AMENDMENT GL 00 30 03 83 It is agreed that insuring Agreement 1 "Coverage C - Physical Damage to Property" is amended to read: To pay for direct and accidental loss of damage to Railroad tracks, roadbeds, catenary, signals, bridges, buildings, rolling stock and their contents, mechanical construction equipment, or motive power equipment, hereinafter called loss, arising out of acts or omissions at the designated job site which are related to or are in connection with work described in Item of the declarations; provided such property is owned by the name insured or is leased or entrusted to the name insured under a lease or trust agreement. r r 9 N I • , A - B = 1 0 2. FT. • °k)1\/›. / /� GENERAL NOTES—IMPORTANT ! ! ! O `1�1 V`i lO 1. A copy of this drawing must be kept on the jobsite during all phases of construction. It N 2. Mone of the contractor's mien or equlpamnt may be worked upon Metre's property without a N qualified nmlroad flagm.n present. Contractor may work only when authorized to do so a A77[ by the flagman. O Si-Alio N Cl 0 2 4-1 3 3. Grantee must have railroad engineering department representative inspect work to F determine if slow order protection is required and how long slow order will be in Q effect. < I- \ N 4. The Signal and Communications Departments must locate any buried cables and/or equipmen• before digging may begin on railroad property, and must provide protection for any such METRA L_O.1N- facilities during the actual construction. , MET2A 2.o.W, ..IR -1-0 Pl NG2 EC G i2 o./E 5. The pipeline shall be bored and jacked into place. Q TO CI-t1CAGO illi, O , U it _ MET"2A �E L 6I N -C H EO.ST-3 f 6, Pit designs and shoring details wet be approved by Metras Construction Department ,'� prior to the beginning of construction on railroad property. IIi 7. All existing drainage and associated structures must be p ad or accommodated by the JO 1,4-r1,4-rMCN�J Q.O W. iscope of this project's work. I. LI me. Si. Minimum wall thicknesses shown are for pipes with protective coating and cathodic -v protection. Without this protection, wall thicknesses must be increased accordingly. CNI9. Pi linens) shall be 0 Z pe prominently marked where they enter and leave the railroad right of - V way. I • 10. Space between carrier and casing pipes shall be blown full of dry sand and ends of cNw R..o_W_ — — —— — — NW R.O . casing pipe sealed. 11. Grantee is responsible fora one year extraordinary track maintenance period. This is — P LAN VI E14 to cover reimbursable railroad costs expenfor SCALE : 1".= loot AN that may become necessary as a result of ettleementuofrtracktra�k surfacing and alignment Specifics of this Installation: Casing: Carrier: ) i I Rte. Pipe �" Dia. Pipe 36"Dia. d • �OQt 1C�t Wall Thickness 0.625" Walt Thickness 0.53" d I Q :1 K Pips Material STEEL Pipe Material pontile Iron amsMI MEmM ;II 1 3 Minimum Yield Strength )5.000 PSI Minimum Yield Strength )5.000 PSI +1 it/ MIME U Length of Casing ;EE SEC "A-A" dj to 2 I-) +1 Ends Sealed YES N SIV t` Depth of Installation SEE SEC "A-A" 48DwA.STEEL CASING 1 jr.42.5 MINWAN . LL THICICES$ ___ _ __(� F-7 ILLINOIS RAILROAD CORP. ., ,7 DEPARTMENT CHICAGO, ILLINOIS 36o1A. oucTILE ;Rom / AUKEE DtSTittC7 GARNER PIPE . /1 SECTmoN �A- A XI-tli31 T �A gOTl.d ENDS SGnLE ntoNE BtG TIMBER�ILLINOIS `•, .53M1N1. WALL THICKNESS SEA.. -D EWEtZ UNDERGzOS5ING l'..bto 2 FT. ol= S rEEL i' OF EL61NCASING oi�t MET12.q R.o.W. VS PM DATEmS•Zo-92 �/ Illinois Department Resolution for Maintenance of Streets and Highways of Transportation By Municipality Under the Illinois Highway Code BE IT RESOVLED,by the Council of the (Council or President and Board of Trustees) City of Elgin , Illinois,that there is hereby (City.Town or Village) (Name) appropriated the sum of$ 100,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code,from January 1, 19_42 to December 31, 19 2. BE IT FURTHER RESOLVED,that only those streets,highways,and operations as listed and described on the ap- proved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connec- tion with this resolution,are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s)for this period;and BE IT FURTHER RESOLVED,that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation,at Schaumburg ,Illinois. -Mr. I, Miss Dolonna Mecum , Clerk in and for the City Mrs. (City.Town or Village) of Elgin ,County of ' Kane hereby certify the foregoing to be a true,perfect and complete copy of a resolution adopted by the Counci1 at a meeting on August 26 , 19-9.2_. (Council or President and Board of Trustees) IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 77th day of August • A.D. 19 92 (SEAL) Elgin City Clerk (City.Town or Village) 7/ 7 7zgeLAA,k4A-S2-0- 4-71) fvo*""""\ (43 .l PO APPROVED Department of Transportation District Engineer