09-215 t
r
Resolution No. 09-215
RESOLUTION
AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT
WITH UNION PACIFIC RAILROAD COMPANY
(Bent Street Combined Sewer Separation Project
Mile Post 41.28, Elgin Industrial Lead)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, be and is hereby authorized and directed to execute a Pipeline Crossing
Agreement on behalf of the City of Elgin with Union Pacific Railroad Company for the Bent Street
Combined Sewer Separation Project at Mile Post 41.28, Elgin Industrial Lead, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 14, 2009
Adopted: October 14, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
, T
`l1 OF
City of Elgin
R4TEnvt .
June 30, 2011
RE: Resolution No. 09-215
Authorizing Pipeline Crossing Agreement with Union Pacific Railroad Company
(Bent Street Combined Sewer Separation Project Mile Post 41.28, Elgin Industrial Lead)
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
1 M
I
OF Ezc
iir
i Memorandum
k , City of Elgin
4
?p ,..
Orye`
RATED FES
Date: October 23, 2009
To: Peter Bityou, Water Operations Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 09-214 and 09-215, Adopted at the October 14. 2009 Council
Meeting
Enclosed you will find the agreements listed below. Please have these agreements signed and
executed by the Union Pacific Railroad and return one fully executed copy to the City Clerk's
office for the City's records. If you have any questions please feel free to contact our office
847-931-5660 and we will do our best to assist you. Thank you.
• Pipeline Crossing Agreement with Union Pacific Railroad Company (Bent Street
Combined Sewer Separation Project Mile Post 41.5, Elgin Industrial Lead)
• Pipeline Crossing Agreement with Union Pacific Railroad Company (Bent Street
Combined Sewer Separation Project Mile Post 41.28, Elgin Industrial Lead)
-- —
•
4
UNION
PACIFIC
''I'll
August 12;2009
Folder: 02454-31
CITY OF ELGIN
150 DEXTER COURT
ELGIN IL 60120
Re: Proposed 15 Inch Encased storm water Pipeline Crossing of Railroad Property at Mile Post 41.5
on the East Elgin Industrial Subdivision/Branch at or near Elgin,Kane County, Illinois
Dear Sir:
Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of
way.Please execute the attached documents IN DUPLICATE and return.
An original copy of the fully-executed document will be returned to you, when approved and processed
by the Railroad Company.
• Payment in the amount of Four Thousand Nine Hundred Eighty Six Dollars (84,986.00) is due
and payable to Union Pacific Railroad Company upon your execution of the agreement. Please
include your payment, with Folder No. 02454-31 noted on that document. If you require
formal billing, you may consider this letter as a formal bill and that 94-6001323 is this
Corporation's correct Federal Taxpayer Identification Number.
• You must provide a Certificate of Insurance which meets all requirements as outlined in Exhibit
C of the agreement.
• In addition, a Railroad Protective Liability Insurance(RPLI) policy must be provided by the
Licensee or its contractor prior to construction and which must be in effect for the entire
installation period.
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179.1690 fx.(402)501-0340
. t
Pipeline Crossing 080808 Folder No.02454-31
Form Approved,AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post: 41.5, East Elgin Industrial Lead
Location: Elgin, Kane County, Illinois •
THIS AGREEMENT ("Agreement") is made and entered into as of August 12, 2009,
("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation,("Licensor")and CITY OF ELGIN,an Illinois municipal corporation to be addressed at 150
Dexter Cowl,Elgin,Illinois 60120("Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSOR GRANTS RIGHT.
In consideration of the license fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate
one 15 inch encased pipeline for transporting and conveying storm water only
across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the
dimensions and specifications indicated on the print dated August 11, 2009 and marked Exhibit A,
attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than transporting and conveying storm water, and the Pipeline shall not be
used to convey any other substance, any fiber optic cable, or for any other use, whether such use is
currently technologically possible, or whether such use may come into existence during the life of this
Agreement.
Article 2. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of Four Thousand Nine Hundred Eighty Six Dollars($4,986.00).
Article 3. CONSTRUCTION,MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made
a part hereof.
Article 4. DEFINITION OF LICENSEE.
For purposes of this Agreement,all references in this Agreement to the Licensee shall include the
Licensee's contractors,subcontractors, officers, agents and employees,and others acting under its or their
authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including
initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall
provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms
and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be
deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such
contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the
same terms and conditions as Licensee is required to release,defend and indemnify Licensor herein.
Article 5. INSURANCE.
A. Before commencement of the term of this Agreement and prior to any Pipeline
construction, the Licensee or Licensee's contractor shall obtain the required Railroad Protective
Liability insurance, at its sole expense, as specified in Section E on Exhibit C attached hereto and
hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other
insurance binders, certificates and endorsements described in Exhibit C, and also require that its
contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor
as and additional insured.
B. Not more frequently than once every two years,Licensor may reasonably modify the required
insurance coverage to retlect then-current risk management practices in the railroad industry and
underwriting practices in the insurance industry.
C. All insurance correspondence,binders,certificates and endorsements shall be directed to:
Union Pacific Railroad Company
Real Estate Department—Folder No. 02454-31
1400 Douglas Street STOP 1690
Omaha,NE 68179-1690
D. Failure to provide evidence as required by this section shall entitle, but not require, Licensor
to terminate this License immediately. Acceptance of a certificate that does not comply with this Article
shall not operate as a waiver of Licensee's obligations hereunder.
E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of •
insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required
by applicable current or subsequent law,whichever is greater,a portion of which may be self-insured with
the consent and approval of Licensor.
F. The fact that insurance(including without limitation,self-insurance)is obtained by Licensee
or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee
including, without limitation, liability under the indemnity provisions of this License. Damages
recoverable by Licensor shall not be limited by the amount of the required insurance coverage.
Article 6. TERM.
This Agreement shall take effect as of the Effective Date first herein written and shalt continue in
full force and effect until terminated as herein provided. •
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF ELGIN
By: By:
Manager-Contracts
•
Name Printed: Ed Schock
Title: Mayor
1,
PLACE ARROW INDICATING NORTH 4.
FORM DR 0404 B
DIRECTION RELATIVE TO CROSSING a. REV. 5- 15-96
cr.
44:-." ENCASED NON-FLAMMABLE
t PIPELINE CROSSING
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
=�Q 0
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
--- °® •-
RR•S TOW
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TO �- (ANTE) Cr CROSSINGS
0 1I NEARC'J A. 10ANI
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4sy 4� IOISSANCE ALONG TRACT Mu SICr1CN INN CROSSING) v t FT.
?\ y" 4 r T. N
.� r (NOiEt ARIL CATIONSON [USING IN ALL ,CASES. LAAl E. �a� ,
Al LOCATIONS NOT USING SECTIONS. DISTANCE pp [[[ww�t{{{I
10 1 MAL 11KVtY LINE IS 0(0010W> V�� �!�`n 1
Ars ans;,� O
b
��I1 mit. ,F eft. •� T. •'
t N STEEL CASING WALL
YIN ot,'
�� Tt P*ttt THICKNESS CHART
(s0. N ►. Il ' P�'ESE3•> L MINIMUM DIALIETER Of
�S&. 1Ic
THICKNESS CASINO PIPE
I mum) I .2500"' 1/4" 12' OR LESS"
N .3125' 0/1$' OVER 12'-11'
�T. ) .3750' 3/1' OYER I$'-72'
(9 (A.1 1 uiN.y .4375' 7/IS' OYER 22'-21)iT. t=o Fr, wx.) •5 " t/2 OYER 2!"-34'
N0 C CASINO►t► (S00 Ne►0 4� , . .5525' 9/11 OVER 34'-42'
���}}} _ .'$O' 5/f• OVER 42'-41'
�i r� r 4— taARtLA►1►t �. ; APPROVED Br Km:.5 CO.
— —r—cr ' " • NOTE) THIS CHART IS ONLY
/ f I \® FOR SMOOTH STEEL CASING
e \ I PIPES 0)TN MINIMUM YIELD
' �/ ' I STRENGTH Of 33.000 PSI.
/ r-• 3 4 IS r1.�
5 r1. !1> FT. •, {A---- rT. FORMULA TO FIGURE CASING
LE Or
4 �`7"` Teri. 4 CROSSINGTH IOTHETH R THANK CO*
r r T. o. 5 �+
NOM1 H1 !MING LINGER ut3I00E0 ALONG PIPELINE.) l0 SIN
II ALORIZONTAL NUANCES TO$1 ACA3URI0 AT RIOR7 ANGLES Man NT IRACI.
0) CASINO TO IMO BEYOND INC t Or TRACH AT 018AVMS1 AVS TNt OPIATE*OF 10• II FT., MI 30 PT.. OP�f 5
AND 1[10110 11411 Of RAI%RDAG*10111-Of-WAY If NECIISUYIM
T COIO NOME TROPIA EMIR 01)11101 Cl TRACT. MIN.111S1.
31 011)0W r o
Or 10' U ISE ENO Of MN RAILROAD RANK,i.of AMY twat, 1R THou ANY/01114140 AREA. `1 INoN N
41 SIGNAL ACPRCSENIoTIYE NAT OE PEEWIT ONRIMO tWSTALLATNN IF RAIL10A1 Maki ARE IR INE VICINITY Of CROSSIIN. 4.
sl ALLOrAIIc rlxto GIKCT$ 1N0tU00 OACANALLS Or/*100(5)a N WA CR01S1N01 I OvUNICAD YtA111K1S IOIVE ROAD NAMatI, dl CIA.YtA1t.
II CASINO ANO CARRHHO PIPE NM SE PLACED A IIINIIW Or 3 VU)KLOII flit 11151)40 FIRER OPTIC CABLE. ANY EXCAVATION REOUIR10■ItIIN
$MT Of Mt(111110)41 TiKR OPTIC CA4tt WS1 St HONG OI•5, '�/ ��
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES;—JNO; EXHIBIT "A"
B) IF YES, NAME OF STREET MOT MONA,Ulf WW1
Di DISTRIBUTION LINE OR TRANSMISSION LINE ,
C) CARRIER PIPE UNION PACIFIC RAILROAD CO,
CO(.DAODITY TO BE CONV D S-"�O&1x..0 .e.
OPERATING PRESS R PSI ,. 6444 Si..�• L A (011.1.1)WALL THICKNESS =DIAMETER 1c ;MATERIAL REP ; mi..0,..
El CASING PIPE s .M. p 1{).S. E. S. lit 361
WALL THICKNESS I .D ;DIAMETER ,MATERIAL ;
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED Si'vw. 4r..:.. CROSS I NG AT
OUTSIDE DiAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF g.(y:« Ke44.4. XE—
CARRIER PIPE AND INSIDE OF CASING PIPE. owl%%%%%c.II. 1100"1) 111111,
F> METHOD OF INSTALLING CASING PIPE UNDER TRACK(Si: Cs ;�
DRY BORE AND JACK (WET BORE NOT PErITTEO) ; ��� of , N.)
TUNNEL ; OTHER in 00.41r1L( RR FILE NO Z`4s`�' ' DATE.124.4 y
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRA[ OR? YES;_..__.NO;
N) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO I ND WARNING
JACKING PITS WHEN MEASURED Al RIGHT ANGLES TO TRACK
IONE
) APPL I CANT HAS CONTACTED I-800-336-9193, Io MIN.) IN ALL ow11/I I Li. P. C A HU)C
arARlltNt km H CONTACTED IN AOVAAK[
U, P. COIMINICAT ION DEP ENA, AND HAS DETERMINED FIBER or am 400* to OCICI•31111 txlsrtNcc AND
OPTIC CABLE DOES ; DOES NOT EXIT 1N 1plfll T OF LOCATION Cr mu OPTIC[Heli.
WORK TO BE PERFORMED T CKET NO. OS 4 rNGNE : I-100.3#111,
•
•
Pipeline Crossing 07/20/08
Form Approved,AVP Law
EXHIBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of the Licensor to use and maintain its entire property including the right and power of
the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate
railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other
facilities upon, along or across any or all parts of its property, all or any of which may be freely
done at any time or times by the Licensor without liability to the Licensee or to any other party
for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights(including those in favor of
licensees and lessees of the Licensor's property,and others)and the right of the Licensor to renew
and extend the same,and is made without covenant of title or for quiet enjoyment.
Section 2. CONSTRUCTION,MAINTENANCE AND OPERATION.
A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified
and/or reconstructed by the Licensee in strict conformity with(i)Licensor's current standards and
specifications("UP Specifications"), except for variances approved in advance in writing by the
Licensor's Assistant Vice President Engineering— Design, or his authorized representative; (ii)
such other additional safety standards as the Licensor, in its sole discretion, elects to require,
including, without limitation, American Railway Engineering and Maintenance-of-Way
Association("AREMA")standards and guidelines(collectively,"UP Additional Requirements"),
and(iii)all applicable laws, rules and regulations("Laws"). If there is any conflict between the
requirements of any Law and the UP Specifications or the UP Additional Requirements,the most
restrictive will apply.
B. All work performed on property of the Licensor in connection with the design, construction,
maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the
satisfaction of the Licensor. •
C. Prior to the commencement of any work in connection with the design, construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline
where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall
submit to the Licensor plans setting out the method and manner of handling the work, including
the shoring and cribbing, if any, required to protect the Licensors operations, and shall not
proceed with the work until such plans have been approved by the Licensor's Assistant Vice
President Engineering Design,or his authorized representative,and then the work shall be done to
the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized
representative.The Licensor shall have the right, if it so elects,to provide such support as it may
deem necessary for the safety of its track or tracks during the time of construction, maintenance,
repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the
event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen
(15)days after bills shall have been rendered therefore, all expenses incurred by the Licensor in
connection therewith, which expenses shall include all assignable costs.
D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the
grade even with the adjacent surface of the ground.
E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all
necessary permits and shall comply with all applicable federal, state and local laws, regulations
and enactments affecting the work including, without limitation, all applicable Federal Railroad
Administration regulations.
Section 3. NOTICE OF COMMENCEMENT OF WORK/LICENSOR REPRESENTATIVE
/SUPERVISION/FLAGGING/SAFETY.
A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much
notice as practicable to Licensor before commencing any work. In all other situations, the
Licensee shall notify the Licensor at least ten(10) days (or such other time as the Licensor may
allow)in advance of the commencement of any work upon property of the Licensor in connection
with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or
removal of the Pipeline. All such work shall be prosecuted diligently to completion. The •
Licensee will coordinate its initial, and any subsequent work with the following employee of
Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or
"Railroad Representative"):
Jim Nudera •
UPRR CO
Manager Track •
Phone: 815.758.7139
Cell: 815.716.3465
Fax: 815.756.4295
B. Licensee,at its own expense, shall adequately police and supervise all work to be performed.The
responsibility of Licensee for safe conduct and adequate policing and supervision of work shall
not be lessened or otherwise affected by Licensor's approval of plans and specifications involving
the work, or by Licensor's collaboration in performance of any work, or by the presence at the
work site of a Licensor Representative, or by compliance by Licensee with any requests or
recommendations made by the Licensor Representative.
C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who
fails to conform to the instructions of the Licensor Representative in connection with the work on
Licensor's property. Licensee shall indemnify Licensor against any claims arising from the
removal of any such employee from Licensor's property.
D, Licensee shall notify the Licensor Representative at least ten (10) working days in advance of
proposed performance of any work in which any person or equipment will be within twenty-five
(25)feet of any track,or will be near enough to any track that any equipment extension(such as,
but not limited to,a crane boom)will reach to within twenty-five(25)feet of any track. No work
of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s)shall be located, operated, placed, or stored within twenty-five(25) feet of
any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is
provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor
Representative will determine and inform Licensor whether a flagman need be present and
whether any special protective or safety measures need to he implemented. If flagging or other
•
special protective or safety measures are performed by Licensor, Licensor will bill Licensee for
such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental
entity have agreed that Licensor is to bill such expenses to the federal,state or local governmental
entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty
(30) days of receipt of billing. If Licensor performs any flagging,or other special protective or
safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any
of responsibilities or liabilities set forth in this Agreement.
E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-
hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In
addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
supplemental sickness, Railroad Retirement and unemployment compensation, supplemental
pension, Employees Liability and Property Damage and Administration will be included,
computed on actual payroll. The composite charge will be the prevailing composite charge in
effect at the time the work is performed. One and one-half times the current hourly rate is paid
for overtime,Saturdays and Sundays,and two and one-half times current hourly rate for holidays.
Wage rates are subject to change, at any time, by law or by agreement between Licensor and its •
employees, and may be retroactive as a result of negotiations or a ruling of an authorized
governmental agency. Additional charges on labor are also subject to change. If the wage rate or •
additional charges are changed, Licensee(or the governmental entity,as applicable)shall pay on
the basis of the new rates and charges.
F. Reimbursement to Licensor will be required covering the full eight-hour day during which any
flagman is furnished, unless the flagman can be assigned to other railroad work during a portion
of such day, in which event reimbursement will not be required for the portion of the day during
which the flagman is engaged in other railroad work. Reimbursement will also be required for
any day not actually worked by the flagman following the flagman's assignment to work on the
project for which Licensor is required to pay the flagman and which could not reasonably be
avoided by Licensor by assignment of such flagman to other work,even though Licensee may not
be working during such time. When it becomes necessary for Licensor to bulletin and assign an
employee to a flagging position in compliance with union collective bargaining agreements,
Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the
need for a flagman. If five(5)days notice of cessation is not given,Licensee will still be required
to pay flagging charges for the five(5)day notice period required by union agreement to be given
to the employee,even though flagging is not required for that period. An additional ten(10)days
notice must then be given to Licensor if flagging services are needed again after such five day
cessation notice has been given to Licensor.
G. Safety of personnel, property, rail operations and the public is of paramount importance in the
prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible
for initiating, maintaining and supervising all safety,operations and programs in connection with
the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards
listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by
Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify
Licensor if it determines that any of Licensor's safety standards are contrary to good safety
practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees
before they enter the job site.
H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free
from safety and health hazards and ensure that their employees are competent and adequately
trained in all safety and health aspects of the job.
1. Licensee shall have proper first aid supplies available on the job site so that prompt first aid
services may be provided to any person injured on the job site. Prompt notification shall be given
•
to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries.
Licensee shall have a non-delegable duty to control its employees while they are on the job site
or any other property of Licensor,and to be certain they do not use,be under the influence of,or
have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe
performance of any work.
J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for
conducting the work(the "Safety Plan"). Licensor shall have the right, but not the obligation,to
require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall
control if there are any inconsistencies between this Agreement and the Safety Plan.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the design,
construction, maintenance,repair and renewal and any and all modification, revision,relocation,removal
or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in
connection therewith for supervision, inspection,flagging,or otherwise.
Section 5. REINFORCEMENT,RELOCATION OR REMOVAL OF PIPELINE.
A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and
efficient operation of its railroad and in the improvement and use of its property. The Licensee
shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all
or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's
property, as the Licensor may designate, whenever, in the furtherance of its needs and
requirements,the Licensor,at its sole election,finds such action necessary or desirable.
B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on
property of the Licensor in the location hereinbefore described shall, so far as the Pipeline
remains on the property, apply to the Pipeline as modified, changed or relocated within the
contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor
shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in
such manner as to cause no interference whatsoever with the constant, continuous and
uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done
or suffered to be done by the Licensee at any time that would in any manner impair the safety
thereof.
B. Explosives or other highly flammable substances shall not be stored on Licensor's property
without the prior written approval of Licensor.
•
C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over •
Licensor's trackage shall be installed or used by Licensor or its contractors without the prior
written permission of Licensor. •
•
D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at least
fifty(50)feet from the centerline of Licensor's nearest track.
E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the
work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have
no liability to Licensee or any other person or entity for any such delays. Licensee shall
coordinate its activities with those of Licensor and third parties so as to avoid interference with
railroad operations. The safe operation of Licensor's train movements and other activities by
•
Licensor take precedence over any work to be performed by Licensee.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Licensee shall telephone the Licensor
during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to
determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the
Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic
cable,all at Licensee's expense,and will commence no work on the Licensor's property until all •
such protection or relocation has been accomplished. Licensee shall indemnify and hold the
Licensor harmless from and against all costs, liability and expense whatsoever(including,without
Iimitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by
Licensee's failure to comply with the provisions of this paragraph.
B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE
LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE,
INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND
AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES)
CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR,AGENTS
AND/OR EMPLOYEES, RESULTING IN (l) ANY DAMAGE TO OR DESTRUCTION
OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY,AND/OR
(2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF
OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR,
AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH
COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT
ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT •
IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY
CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE •
OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A
TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A
CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON •
LICENSOR'S PROPERTY. •
Section 8. CLAIMS AND LIENS FOR LABOR ANI)MATERIAL;TAXES.
•
A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
property of the Licensor in connection with the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or
materialman's lien of any kind or nature to be enforced against the property for any work done or
materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee
shall indemnify and hold harmless the Licensor against and from any and all liens, claims,
demands, costs and expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed,or materials furnished.
B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in
respect to,or on account of the Pipeline,to prevent the same from becoming a charge or lien upon
property of the Licensor,and so that the taxes,charges and assessments levied upon or in respect
to such property shall not be increased because of the location,construction or maintenance of the i
Pipeline or any improvement, appliance or fixture connected therewith placed upon such
property, or on account of the Licensee's interest therein. Where such tax, charge or assessment
may not be separately made or assessed to the Licensee but shall be included in the assessment of
the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion
of such taxes determined by the value of the Licensee's property upon property of the Licensor as
compared with the entire value of such property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY. •
In the event the Licensor authorizes the Licensee in any manner moves or disturbs any of the
property of the Licensor in connection with the construction, maintenance,repair, renewal, modification,
reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as
possible and at Licensee's sole expense, restore such property to the same condition as the same were
before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the
Licensor,its officers,agents and employees,against and from any and all liability, loss,damages,claims,
demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may
result from injury to or death of persons whomsoever, or damage to or loss or destruction of property
whatsoever,when such injury, death, damage, loss or destruction grows out of or arises from the moving •
or disturbance of any other property of the Licensor.
Section 10. INDEMNITY.
A. As used in this Section, "Licensor" includes other railroad companies using the Licensors
property at or near the location of the Licensee's installation and their officers, agents, and
employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties,
costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may
result from: (a) injury to or death of persons whomsoever (including the Licensor's officers,
agents, and employees, the Licensee's officers, agents, and employees, as well as any other
person); and/or(b)damage to or loss or destruction of property whatsoever(including Licensee's
property,damage to the roadbed, tracks,equipment,or other property of the Licensor,or property
in its care or custody).
B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND
PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY
LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO,
RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM
ANY LOSS WHICH IS DUE TO OR ARISES FROM:
1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT
INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR,
RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL
OF THE PIPELINE OR ANY PART THEREOF;
2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE;
3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS
ESCAPING THEREFROM;
4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR
CONTRIBUTED TO BY LICENSEE;
5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS,
INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR •
INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR
EXERCISE CONTROL OVER; OR
6. LICENSEE'S BREACH OF THIS AGREEMENT,
EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE
LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT
JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE
INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM,IN
WHOLE OR IN PART,LICENSOR'S NEGLIGENCE.
•
C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of
proceeding brought against any indemnitee by any entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold
harmless any indemnitee.Licensee shall pay all costs incident to such defense,including,but not
limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses,
settlement payments and amounts paid in satisfaction of judgments.
Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole
expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track
or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such
property to as good a condition as they were in at the time of the construction of the Pipeline. If the
Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of
removal and restoration at the cost and expense of the Licensee. In the event of the removal by the
Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein
provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the
Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or
impair any right of action for damages,or otherwise,that the Licensor may have against the Licensee.
II I
•
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein
contained to be kept, observed and performed by the Licensee shall in no way impair the right of the
•
Licensor to avail itself of any remedy for any subsequent breach thereof. •
•
Section 13. TERMINATION. •
A. if the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the
Licensee continues in default in the performance of any covenant or agreement herein contained
for a period of thirty(30)days after written notice from the Licensor to the Licensee specifying
such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by
written notice.
B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by
written notice given by either party hereto to the other on any date in such notice stated,not less,
however,than thirty(30)days subsequent to the date upon which such notice shall be given.
C. Notice of default and notice of termination may be served personally upon the Licensee or by
mailing to the last known address of the Licensee. Termination of this Agreement for any reason
shall not affect any of the rights or obligations of the parties hereto which may have accrued, or
liabilities,accrued or otherwise,which may have arisen prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted,
without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted
transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by
operation of law, or otherwise,without such consent in writing,shall be absolutely void and,at the option
of the Licensor,shall terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
•
Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to
the benefit of the parties hereto,their heirs,executors,administrators,successors and assigns.
r •
Pipeline Crossing 07/20/08
I'orm Approved,AVP-Law
EXHIBIT C
Union Pacific Railroad Company
Insurance Exhibit
PART 1: GENERAL INSTRUCTIONS AND REOUIREMENTS:
Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with all insurance
required by this License.
All certificates of insurance and correspondence shall be addressed and sent to:
Union Pacific Railroad Company
Real Estate Department—Folder No.:02454-3 1
1400 Douglas St., STOP 1690
Omaha,NE 68179-I690
All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a
current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the
state(s)in which the work is to be performed.
All policies required by this License shall provide coverage for punitive damages unless (a) insurance
coverage may not lawfully be obtained for any punitive damages that may arise under this License,or(d)
all punitive damages are prohibited by all states in which this License will be performed.
The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of
Licensee, including,without limitation,liability under the indemnity provisions of this License. Damages
recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required
insurance coverage.
PART 2: SPECIFIC INSURANCE LIMITS AND REQUIREMENTS •
Licensee shall,at its sole cost and expense,procure and maintain during the life of this License(except as
otherwise provided in this License)the following insurance coverage:
A. Commercial General Liability Insurance written on 1SO Occurrence form CG 00 01 12 04(or
a substitute form providing equivalent coverage)with limits of not less than:
• $2,000,000 Each Occurrence
• $4,000,000 Aggregate
•
This policy must also contain the following endorsements(which must he stated on the certificate
of insurance):
• Additional Insured Endorsement ISO Form CG 20 26(or a substitute form providing
equivalent coverage). •
The coverage provided to Railroad as additional insured shall,to the extent provided under ISO
Additional Insured Endorsement Form CG 20 26,provide coverage for Railroad's negligence
•
•
whether sole or partial,active or passive,and shall not he limited by Licensee's liability under the
indemnity provisions of this License.
• Contractual Liability-Railroads ISO Form 24 17 10 01 (or a substitute form providing
equivalent coverage)showing"Union Pacific Railroad Company Property"covered by this
License as the"Designated Job Site". •
B. Business Automobile Liability Insurance written on ISO Form CA 00 01 10 01 (or a substitute
form providing equivalent coverage)with a limit of:
• $2,000,000 each accident.
•
This policy must contain the following endorsements(which must be stated on the Certificate of
Insurance):
• Designated Insured ISO Form CA 20 48 02 99(or a substitute form providing equivalent
coverage).
• Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 70 10 01
showing"Union Pacific Railroad Property"covered by this License as the"Designated Job Site".
• Motor Carriers Act Endorsement OMB Form MCS-90(if required by law).
C. Workers Compensation Insurance. Coverage must include but not be limited to:
• Licensee's statutory liability under the workers'compensation laws of the state(s)affected by this
License. Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000
disease policy limit$500,000 each employee.
• If Licensee is self-insured,evidence of state approval and excess workers compensation coverage
must be provided.
• Licensee shall waive all rights of recovery,and its insurers also waive all rights of subrogation of
damages against Railroad and its agents,officers,directors and employees for damages covered
by the workers compensation and employers liability obtained by Licensee required in this
License.This waiver must be stated on the certificate of insurance.
D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet •
limit requirements,these policies must"follow form"and afford no less coverage than the primary policy.
If utilized,Licensee shall waive all rights of recovery,and its insurers also waive all rights of subrogation
of damages against Railroad and its agents,officers,directors and employees for damages covered by
Umbrella or Excess Liability obtained by Licensee required in this License.This waiver must be stated
on the certificate of insurance.
E. Railroad Protective Liability Insurance.At all times during construction, installation, repair or
removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective •
Liability insurance written on ISO occurrence form CG 00 35 12 04(or a substitute form providing
equivalent coverage)on behalf of Railroad as named insured,with a limit of not less than$2,000,000 per
occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted
to Railroad before the work may be commenced and until the original policy is forwarded to Railroad.
7 , r
Pipeline Crossing 07/20/08
Form Approved,AVP-Law
EXIiII3IT D
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Licensee or its contractors,subcontractors,
or agents,as well as any subcontractor or agent of any Contractor.
Clothing
A. All employees will be suitably dressed to perform their duties safely and in a manner that
will not interfere with their vision,hearing,or free use of'their hands or feet.
Specifically,employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser
bottoms must be tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on
bridges are required to wear safety-toed footwear that conforms to the American
National Standards Institute(ANSI)and FRA footwear requirements.
13. Employees shall not wear boots(other than work boots), sandals, canvas-type shoes, or
other shoes that have thin soles or heels that are higher than normal,
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose
jewelry while operating or working on machinery.
•
IL Personal Protective Equipment
•
Employees shall wear personal protective equipment as specified by Railroad rules, regulations,
or recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) 189.1 — latestrevision.
Hard hats should be affixed with Contractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and
educational eye and face protection, Z87.I — latest revision. Additional eye protection
must be provided to meet specific job situations such as welding,grinding,etc.
(iii) Hearing protection,which affords enough attenuation to give protection from noise levels
that will be occurring on the job site. Hearing protection, in the form of plugs or muffs,
must be worn when employees are within:
• 100 feet of a locomotive or roadway/work equipment
• 15 feet of power operated tools
• 150 feet of jet blowers or pile drivers
.
s r
•
■ 150 feet of retarders in use (when within 10 feet, employees must wear dual car
protection—plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators, fall protection
equipment,and face shields,must be worn as recommended or requested by the Railroad
Representative.
II]. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway
Worker Protection regulations — 49CFR214, Subpart C and Railroad's On-Track Safety rules.
Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their
employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations,all employees must:
(i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the
Railroad Representative is present to authorize movements.
(ii) Wear an orange,reflectorized work wear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of
work being performed. Contractor must take special note of limits of track authority,
which tracks may or may not be fouled, and clearing the track. Contractor will also
receive special instructions relating to the work zone around machines and minimum
distances between machines while working or traveling.
N. Equipment
A. It is the responsibility of Contractor to ensure that ail equipment is in a safe condition to
operate. If, in the opinion of the Railroad Representative,any of Contractor's equipment
is unsafe for use, Contractor shall remove such equipment from Railroad's property. In
addition, Contractor must ensure that the operators of all equipment are properly trained
and competent in the safe operation of the equipment. In addition,operators must be:
■ Familiar and comply with Railroad's rules on lockout/tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by-rail
equipment on-track.
■ Trained in and comply with the applicable air brake rules if operating any
equipment that moves rail cars or any other rail bound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and
audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be •
parked a minimum of twenty-five (25) feet from any track. Before leaving any •
equipment unattended, the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must he equipped with three orange cones that will be used to mark the working
area of the crane and the minimum clearances to overhead powerlines.
l i
•
■ ,
•
•
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with
•
applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing
conducted by the Railroad Representative, if applicable. During this briefing, the
Railroad Representative will specify safe work procedures, (including On-Track Safety) •
and the potential hazards of the job. if any employee has any questions or concerns about
the work,the employee must voice them during the job briefing. Additional job briefings
will be conducted during the work as conditions,work procedures,or personnel change. •
C. All track work performed by Contractor meets the minimum safety requirements
established by the Federal Railroad Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any
railroad track:
•
(i) Always be on the alert for moving equipment. Employees must always expect
movement on any track,at any time, in either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other
track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work
equipment, leave at least 20 feet between yourself and the end of the equipment.
Do not go between pieces of equipment of the opening is less than one car length
(50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in
charge.
(v) Before stepping over or crossing tracks, look in both directions first.
•
(vi) Do not sit on, lie under, or cross between cars except as required in the
performance of your duties and only when track and equipment have been
protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace
safety.
r , - rti i
SUBMITTING REQUESTS FOR
RAILROAD PROTECTIVE LIABILITY INSURANCE
($2,000,000 per occurrence/$6,000,000 aggregate)
Application forms for inclusion in Union Pacific Railroad's Blanket Railroad Protective Liability
Insurance Policy may be obtained by accessing the following website(includes premiums as well):
wmw.uprr.com/reush•rinsure/iusurovr.shtml
•
•
If you have questions regarding railroad protective liability insurance(i.e.premium quotes, application) •
please contact the Marsh USA Service Team,Bill Smith or Cindy Long at:
Phone:(800)729-7001
Fax:(816)556-4362
Email: william.j.stnith@,marsh.cot
Email: cindy.lgpg marsh.com
*PLEASE NOTE-The RPLI application and premium check should be sent directly to Marsh, USA at
the address shown below-do NOT send your check and application via overnight air,as the P.O.Box
will NOT accept overnight deliveries.
If you are in a situation where you require a RUSH,please contact Bill Smith or Cindy Long and they •
will do their best to accommodate your needs.All cheeks written to Marsh,USA should reference Union
Pacific Railroad in the"Memo"section of the check.
Send Checks and Applications to the following"NEW"address:
Marsh USA •
NW 8622
PO Box 1450
Minneapolis,MN 55485-8622
•
r • c,
Agenda Item No.
- City of Elgin7 kir
g
l'/b„
ATCD
September 17, 2009 :fir
m
TO: Mayor and Members of the City Council
;i•trr 7c;;K[''C!rtCe
FROM: Sean R. Stegall, City Manager , Q
David Lawry, General Services Group Director
SUBJECT: Easement Agreements with Union Pacific Railroad Company for Bent Street
Combined Sewer Separation Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider execution of Agreements with Union Pacific Railroad Company to use
their right-of-way for two storm sewer crossings included in the Bent Street Combined Sewer
Separation Project.
RECOMMENDATION
rilk It is recommended that the City Council approve two railroad crossing agreements with Union
Pacific Railroad Company and authorize the City Manager to execute the agreement at a total
cost of$9,792.
BACKGROUND
Rezek, Henry, Meisenheimer and Gende (RHMG) have been hired by the City of Elgin to
provide engineering services for the completion of plans and specifications for the 2006
Combined Sewer Separation Project. Their design has identified two locations in which the new
storm sewer lines must cross beneath Union Pacific right-of-way. The first crossing is at Mile
Post 41.5 and the second is at Mile Post 41.28.
On behalf of the City, RHMG submitted a request to Union Pacific to cross their right-of-way.
Union Pacific has agreed to allow the installation of a proposed 15-inch diameter Encased Storm
Water Pipeline Crossing of the Railroad Property at Mile Post 41.5 on the East Elgin Industrial
Subdivision/Branch and a proposed 18-inch diameter Encased Storm Water Pipeline Crossing of
the Railroad Property at Mile Post 41.28 on the East Elgin Industrial Lead and forwarded the
attached two agreements for execution.
t
f 4*.rty
r Agreements with Union Pacific Railroad Company Bent Street Combined Sewer Separation.
September 17,2009
Page 2
The agreements provide for a one-time payment to Union Pacific as follows:
1. The cost for the 15-inch diameter storm sewer crossing at Mile Post 41.5 is $4,986.
2. The cost for the 18-inch diameter storm sewer crossing at Mile Post 41.28 is $4,806.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Igkic FINANCIAL IMPACT
The total cost of the agreements with Union Pacific is $9,792. There are sufficient funds
budgeted ($385,000) and available ($113,337) in the sewer portion of the 2005 General
Obligation Bond Fund, account number 365-4200-771.92-41, "Capital Improvements," project
number 339691,"CSS-2005",to enter into these agreements.
\istS
EGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to authorize the Pipeline Crossing Agreements with Union
Pacific Railroad Company.
2. The City Council may choose not to authorize the Pipeline Crossing Agreements with
Union Pacific Railroad Company.
Respectfully submitted for Council consideration.
PLB/DL
Attachment