16-79 Unsigned Resolution No. 16-79
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE FOR UNDERGROUND PIPELINES,
CABLES AND CONDUITS FILE P-10610 WITH CHICAGO,
CENTRAL&PACIFIC RAILROAD COMPANY
FOR CONNECTION OF WATER MAINS REGARDING THE WEST PRESSURE
ZONE CONNECTIVITY PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, be and are hereby authorized and directed to
execute a License For Underground Pipelines, Cables and Conduits File P-10610 with Chicago,
Central & Pacific Railroad Company on behalf of the City of Elgin for connection of water mains
regarding the West Pressure Zone Connectivity Project (Mile Post 44.47), a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 25, 2016
Adopted: May 25, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
LICENSE FOR UNDERGROUND PIPELINES,CABLES AND CONDUITS
THIS AGREEMENT made in duplicate this 28th day of April,2016,between CHICAGO,
CENTRAL&PACIFIC RAILROAD COMPANY,party of the first part, hereinafter
called the Railroad, and
File P-10610
City of Elgin
150 Dexter Court
Elgin, IL 60120
Party or parties of the second part,hereinafter called the Licensee,
WITNESSETH:
1. In consideration of a one time fee of$4,800.00 in hand paid by the Licensee to the
Railroad,the receipt whereof is hereby acknowledged and the faithful
performance by the Licensee of the covenants herein contained,the Railroad,
insofar as it lawfully may,hereby grants to the Licensee license and permission to
construct and maintain a 21.6"DI water line in a 36"steel casing(see attachment)
(whether one or more pipes,cables or conduits hereinafter referred to as the
"pipeline") across, along and underneath the property of the Railroad at Mile Post
44.47 in Elgin, IL,said pipeline being more particularly shown upon the exhibits
hereto attached and made apart hereof,subject to the following conditions and
specifications attached.
2. The license and permission herein granted to Licensee are subject and
subordinate,however,to the rights in Railroad,its successors and assigns,its
grantees, lessees and licensees,to construct,reconstruct,operate,use,maintain,
repair and renew on,beneath or above the property covered hereby, and any
structures,improvements or facilities of similar or different character as are now
or in the future may be located on,beneath or above said properties.
3. Licensee shall,except in emergencies,give not less than 72 hours written notice
to Railroad of the day,hour and location that it proposes to undertake any
construction or maintenance work and in the event of an emergency shall notify
Railroad as soon as possible.
Licensee shall require each of its contractors and subcontractors to observe and
conform to the conditions and requirements specified herein; and for the purposes
of the safety,protective and indemnification provisions hereof, such contractors
and subcontractors, their agents, servants and employees,and other persons on the
Railroad property at the invitation of the Licensee, its contractors or
subcontractors, shall be deemed the agents or employees of the Licensee.
4. Licensee shall, at no expense to Railroad,obtain all permits and approvals
required to exercise this license and Licensee shall install,maintain and operate
its facilities in accordance with all requirements of lawful public authority.
Licensee shall be responsible for any taxes,assessments and charges made against
the pipeline or other of Licensee's facilities on Railroad's property or the
operation of any of them.
5. The pipeline shall be installed at least 6.61 feet below the tracks of the Railroad,
measured from base of rail to top of pipeline or,if no tracks are located on the
property,at least 3 feet below natural ground. Said pipeline shall be constructed
of such material and in such a manner as will assure the safety of Railroad.
Railroad's authorized representative shall have the right,but not the duty,to
require certain materials or procedures to be used or to supervise the construction,
maintenance,restoration or other work on Railroad's property. If in the opinion
of Railroad's authorized representative casing of the pipeline is required at the
time of installation or at any time subsequent thereto, Licensee shall promptly
arrange for such casing at its own risk and expense.
6. If,in the opinion of the authorized representative of Railroad the work to be done
by the Licensee pursuant to this agreement will make necessary or desirable any
change in the Railroad's facilities,or those of the Railroad's tenants or licensees,
on the Railroad's property,the Railroad shall have the right, but not the duty, to
make such changes,the expense thereof to be borne by the Licensee.
Railroad shall have the right,but not the duty,to furnish flagging or other
protection or to perform work to support its tracks or otherwise protect its
property or facilities at any time, at Licensee's sole risk and expense.
7. Licensee agrees at any time,or from time to time, at its own risk and expense,
upon request of the authorized representative of the Railroad,to make such
change or changes as may be necessary in the opinion of said representative to
accommodate any change or improvements which Railroad may desire to make in
or upon its property. In case Licensee shall fail within thirty(30)days after notice
from Railroad to make such change or changes,Railroad shall have the right,but
not the duty,to make such change or changes,or remove Licensee's facilities
from said property at the risk and expense of Licensee.
8. Licensee shall at its expense take such measures as may be necessary and
adequate in connection with its property or the property of railroad to protect
2
facilities of Railroad and those of others using Railroad's property from
interference by induction, conduction,physical contact or otherwise attributable
to the exercise by Licensee of the license granted to it.
In the event Railroad advises Licensee to take any action to protect Railroad,its
facilities or facilities on Railroad's property, Licensee shall promptly take the
indicated action,including,but not limited to,stopping the operation of the
pipeline. If Licensee fails to do so,Railroad shall have the right,but not the duty,
to perform on behalf of Licensee at the sole risk and expense of Licensee.
9. In the event Railroad elects to renew,replace,repair or alter any tracks or other
facilities or to construct new facilities or to make other use of the property
covered by this license,and in connection therewith requires the removal of any
facilities placed by Licensee on Railroad's property or should any facilities of
Licensee need renewal or repair,Licensee shall,within 30 days of receipt of
notice, arrange for such removal,renewal or repair at Licensee's risk and expense.
In the event removal is required,the facilities shall be relocated at such location
on Railroad's property as is designated by Railroad,provided that Railroad's
authorized representative determines that a location is reasonably available.
Renewal or repair shall be to such condition as is indicated by Railroad's
authorized representative. If Licensee fails to comply with the foregoing,
Railroad shall have the right,but not the duty,to remove,renew or repair such
facilities at the sole risk and expense of Licensee.
10. Cost and expense for work performed by the Railroad pursuant to this agreement
shall consist of the direct cost of labor and material plus Railroad's standard
additives in effect at the time the work is performed. All payments required of
Licensee under this agreement shall be made promptly upon presentation of a bill.
11. Licensee, as a further consideration and as a condition without which this license
would not have been granted,agrees to indemnify and save harmless Railroad, its
officers, employees and agents and to assume all risk,responsibility and liability
for death of,or injury to, any persons,including,but not limited to,officers,
employees, agents,patrons and licensees of the parties hereto, and for loss,
damage or injury to any property,including but not limited to,that belonging to
the parties hereto(together with all liability for any expense, attorneys' fees and
costs incurred or sustained by the Railroad,whether in defense of any such
claims, demands,actions and causes of action or in the enforcements of the
indemnification rights hereby conferred)arising from, growing out of,or in any
manner or degree directly or indirectly caused by, attributable to, or resulting
from the grant or exercise of this license or the construction,maintenance,repair,
renewal,alteration,change,relocation,existence,presence,use,operation, or
removal of any structure incident thereto,or from any activity conducted on or
occurrence originating on the area covered by the license regardless of the
3
negligence of Railroad,its officers, employees and agents. Licensee further
agrees to release and indemnify and save harmless Railroad,its officers,
employees,agents,patrons or invitees from all liability to Licensee,its officers,
employees,agents or patrons,resulting from railroad operations at or near the area
in which the license is to be granted whether or not the death, injury or damage
resulting therefrom may be due to the negligence of the Railroad,its officers,
employees or agents or otherwise. At the election of Railroad, the Licensee,upon
receipt of notice to that effect, shall assume or join in the defense of any claim
based upon allegations purporting to bring said claim within the coverage of this
section.
12. Licensee shall secure, and maintain in place so long as this agreement is in effect,
Commercial General Liability Insurance(Occurrence Form)in an amount not less
than$5,000,000 per occurrence, with an aggregate of not less than$10,000,000
per annual period. The policy must name Railroad and its parent company,
Canadian National Railway Company, as additional insured's in the following
form:
Chicago,Central&Pacific Railroad Company,and its Parent
Corporation, Canadian National Railway Company
17641 S Ashland Ave
Homewood, Il 60430
The policy must not contain any provisions excluding coverage for injury, loss or
damage arising out of or resulting from(a)doing business on,near,or adjacent to
railroad track or facilities, or(b) surface or subsurface pollution,contamination or
seepage, or from handling, treatment, disposal or dumping of waste materials or
substances. Before commencing work,Licensee shall deliver to Railroad a
certificate of insurance evidencing the foregoing coverage's and true and
complete copies of the policies described above. Each policy shall include a
waiver by the insurer of any right of subrogation against any recovery by or on
behalf of any insured. Each policy shall provide for not less than thirty days prior
written notice to Railroad of cancellation of or any material change in that policy.
13. If a contractor is to be employed by the Licensee for the installation of Facilities
pursuant to this License,then,Before commencing work,the contractor shall
provide and maintain the following insurance, in form and amount and with
companies satisfactory to, and as approved by,the RAILROAD.
A. Statutory Workers' Compensation and Employer's Liability insurance.
B. Automobile Liability in an amount not less than$1,000,000 dollars
combined single limit.
4
C. An Occurrence Form Railroad Protective Policy with limits of not less
than $5,000,000 dollars per occurrence for Bodily Injury Liability,
Property Damage Liability and Physical Damage to Property with
$10,000,000 dollars aggregate for the term of the policy with respect of
Bodily Injury Liability,Property Damage Liability and Physical Damage
to Property.The Policy must name the appropriate RAILROAD as the
insured,and shall provide for not less than ten(10)days prior written
notice to the RAILROAD'S as cancellation of, or any material change in
the policy.
14. It is expressly understood Railroad does not warrant title to the premises and
Licensee accepts the grant of privileges contained herein subject to all lawful
outstanding existing liens and superior rights. Licensee agrees it shall not have to
make any claim against Railroad for damages on account of any deficiency in title
and agrees that in the event of failure or insufficiency of such title the sole remedy
of Licensee shall be the right to return of the consideration paid in advance,
provided for herein,or a proportionate part thereof in the event of a partial
deficiency or insufficiency of title. Licensee further agrees to indemnify and save
harmless the Railroad and to assure all risk,responsibility and liability(including
any expenses, attorneys' fees and costs incurred or sustained by Railroad)arising
from, growing out of, or in any manner or degree directly or indirectly attributable
to or resulting from any deficiency or insufficiency of its title affecting the right
of the Railroad to make this grant.
15. In case Railroad shall at any time,or from time to time,require the removal of
only a portion of said pipeline,this agreement shall continue in force and be
applicable to the portion of portions of said pipeline and other facilities remaining
from time to time until said entire pipeline has been removed and the rental shall
be adjusted accordingly.
16.Nothing in this agreement shall be construed to place any responsibility on
Railroad for the quality of the construction,maintenance or other work performed
on behalf of Licensee hereunder or for the condition of any of Licensee's
facilities.
Any approval given or supervision exercised by Railroad hereunder,or failure of
Railroad to object to any work done,material used or method of construction,
reconstruction or maintenance, shall not be construed to relieve Licensee of its
obligations under this Agreement.
17.This Agreement shall not be binding on either party hereto until all parties have
executed the space provide below.
5
18. This agreement shall be binding on the successors and assigns of the parties
hereto,but no assignment hereof by the Licensee, its successors,legal
representatives or assigns, shall be binding upon the Railroad without its written
consent in each instance.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be
executed in duplicate, the day and year first above written.
CHICAGO, CENTRAL &PACIFIC RAILROAD COMPANY
By:
Arthur L. Spiros-Senior Manager,Business Development&Real Estate—Southern Region
CITY OF ELGIN
By:
ame and T.> - =avid J. Kaptain, Mayor
At e t:
4e2/./2S
City Clerk
6
INITIAL NOTIFICATION OF INTENT TO CONSTRUCT PIPELINE CROSSING/ENCROACHMENT
Complete this form and return it along with a non-refundable preparation fee of$750 made out to CN.
DATE:05/19/2015
1. Owner/Applicant Information
Name and Address: City of Elgin, 150 Dexter Court, Elgin, IL 60120
Authorized Representative: Joe Darlington Title Civil Engineer
Phone Number: (630)724-3809 Fax Number (630)724-3201 Email jarlington@burnsmcd.com
2. Location Of Pipeline
Pipeline Location Mile Post: 44.47 plus 0 feet (if
parallel) to Mile Post: plus feet
At or Near Elgin, Illinois (Name of City, Town, Village)
3. Commodity to be transmitted in pipe line: water
(steam,air,water, gasoline or other petroleum products,chemical-specify: natural or artificial gas. If sewer, identify
as to force or gravity line,sanitary,storm or chemical waste—specify)
4.Pipe Data
CARRIER PIPE CASING PIPE
A. Inside Diameter. 20.76" 34.938"
B.Outside Diameter. 21.6" 36"
C.Wall Thickness: 0.42" 0.531"
D.Pipe Material: Ductile Iron Steel
E.Specification/Grade or class: Class 52 ASTM A36 or A570
F. Min.Yield Point of Material N/A 36,000 psi
G.Process of Manufacture deLavaud Rolled
H. Name of Manufacturer TBD TBD
I. Type of Joint Restrained Welded
J.Working Pressure 60 N/A
K. Maximum operating pressure in pipeline: 80 (psi by gauge)
L. Length of Casing pipe: 246 Feet
M.Will casing pipe/uncased carrier pipe be cathodically protected: No
N. Hydrostatic pressure carrier pipe will be tested with before using 100 (psi)
O.Will casing pipe be vented? No Size: N/A
P.Will casing pipe/uncased carrier pipe have a protective coating? Yes Type: Iron Oxide Primer
Q.Depth of top of casing or uncased carrier pipe below base of rail or top of ground 6.61 feet.
(Minimum at closest point)
R. Method of installing casing pipe/uncased carrier pipe dry bore&jack or pipe ramming .
(dry bore&jack,directional,tunnel,other—specify)
Attach to this application(3 copies)showing north arrow and a location sketch with crossings measured from the
nearest railroad mile post and a profile sketch of actual situations showing relationship of tracks,contour of ground,the
buried pipe,etc. Distance from each facility(encroachment)to the centerline of nearest road,crossing,bridge or other
Railroad structures,must be clearly indicated. Right of way lines of railroad and labeled Street or highway,if involved,
should also be shown.
BURNS MSDONNELL
June 2, 2015
Joseph Wojcik
Crossing Permit Engineer
Canadian National
17641 S. Ashland Avenue
Homewood, IL 60430
Re: West Pressure Zone Connectivity Project—Bowes Road Transmission Main
Dear Mr. Wojcik:
Burns & McDonnell is preparing design documents for the City of Elgin, Illinois, for the West
Pressure Zone Connectivity project. Construction on the project is scheduled to begin in July
2015.
The project will enhance the City of Elgin's ability to convey water throughout the City's west
pressure zone by connecting existing transmission mains.The general location of the project is
along Bowes Road between Corron Road and Nesler Road and also along Nesler Road between
Bowes Road and South Street. A project location map and design plans are attached to this letter.
The area of the project impacting the Canadian National Railroad can be found on drawings
C013 and C014.
Please note that sheets C001-0012 are for the Highland Woods Transmission Main and are not
in the vicinity of the Canadian National rail line.
We are providing the attached plans and permit form for your review and greatly appreciate your
cooperation with the City's efforts to provide potable water to all Elgin residents. We are
requesting approval of a pipeline crossing permit in order to complete this project. If you have
any questions,please feel free to contact me at 630-724-3809 or jdarlington @burnsmcd.com.
Sincerely,
Joseph M. Darlington,P.E.
Civil Engineer
JMD/trd
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CN Engineering Design&Construction has reviewed the request for the subject license application.
There is no engineering objections provided the following occurs.
1.) Applicant indicates installation by directional bore. l take no exception to using such
methodology in this particular installation provided such is done in compliance with the
following AREMA specifications,particularly the required 15' Depth
2.) CN's operations are not to be impaired or affected by any of the described work.
3.) Flag protection during installation will be required and maybe expanded by local
supervisors to include any work on, under, over,or near Railroad property.
4.) CN Signal and Communications Locate must be completed prior to any work being done.
The bore may not be any closer than 15'from any signal foundation,bungalow, or pole.
5.) Utility and its subcontractor(if any)are required to notify the local Track Supervisor
shown below, and the local signal maintainer, at least five(5)days in advance of an
work on or near CCP property being performed and must further keep them advised of
all work activities and plans. The Track Supervisor's contact numbers are shown below,
the Track Supervisor is responsible to make further determinations on required flagging
and/or level of protection.
6.) All employees of contractors not hired by CN that will work on,over,under or near CN
property are required to have, at a minimum, safety certification with
www.contractororientation.com and the railroad representative will be responsible for
verifying and documenting said certifications.
7.) Applicant must compile an Emergency Action Plan per OSHA which incorporates the
following Railroad contact information.This is prudent not just for safety,but also to
make sure all parties are "on the same page" and action plans are in place in case of an
incident. A copy of this plan must be kept on the work-site at all times until project is
complete.
Railroad Contact info,
Debris on or damage to track call the following immediately:
1. Track Supervisor—James Bard @ 815-218-0958 cell#/708-332-6694 office/4;
2. Train Operations Alex del Vecchio @ 319-230-8515 cell/#or 319-236-9220 office#
3. Signal Supervisor—Shannon Gains @ 219-286-5128 cell/815-774-6460 office#
In unable to contact any of the above(or in an environmental incident)...call the
Network Operations Center/Dispatcher: 1-800-338-0795
Also,for environmental incidents must call Devin Sprinkle @ 708-332-3850 office#,or 312-848-7883
cell#,or 800-927-7158 pager#