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98-895Council File # �6 � p � S 7 � Presented By Referred To OF Green sheet # 62863 NESOTA Committee: Date � l WHEREAS, the City of Saint Paul desires to enter into a permit agreement with the Saint 2 Paul Board of Water Commissioners to instafl and maintain a fiber optic cable in certain sections of 3 the Board's downtown tunnel system as part of a MnDOT Saint Paul(Minneapolis metro wide 4 ORION Intelligent Transportation System (ITS) Project; and 5 6 WHEREAS, said project will provide the City of Saint Paul with capability to share real time 7 traffic information with other metro agencies and MnDOT for the purpose of better traffic 8 management; and 9 10 11 12 i3 14 15 i6 17 18 WHEREAS, said agreement will provide the City of Saint Paul with a cost effective and non-disruptive means for installing and maintaining the final leg of the communications cable for the City of Saint PauPs portion of the ORION project; and WHEREAS, City of Saint Paul Public Works staff has reviewed a permit agreement prepared by Saint Paul Water Utility staff outlining terms and conditions under which the fiber optic cable may be installed and maintained and does recommend approval of said permit; and WHEREAS, the City of Saint Paul Attomey's office has approved said permit agreement as to 19 form; 2� 21 NOW, THEREFOR BE IT RESOLVED, that the proper City of Saint Paul officials be 22 authorized and d+rected to execute, on behalf of the C+ty of Saint Paul, the permit agreement 23 between the City of Saint Paul and the Saint Paul Board of Water Commissioners, allowing the 24 installation and maintenance of a fiber optic cable for the Saint PaullMinneapolis metro area 25 ORION Intelligent Transportation Systems (!TS) project, substantially in the form submitted. Requested by Department of: Public Works By: � Stacy Becker, irector Form Appsoved by City Attorney Certified by Council Secretary By: Approved by o I,��i { �t �'�� )�� i � I M�yor Council By: Adopted by Council: Date Q�, ��qr —, {�_� 1Norks - Traffic Engin PEFSON & PHONE L. Hamilton 266-E )N CAUNGLACaENDABY (DAT� 60FSIGNpNRE PAGES O (CLIP ALL LOCATONS FOR SIGNA7UR� Council Resolution authorizing the execution of a Saint Paul Water Utility Permit Agreement between the Saint Paul 8oard of Water �mmissioners and the City of Saint Paul, under which the City of Saint Paul shall be allowed to instail and maintain a fiber optic cable in �rtain sections of the Board's downtown tunnel system as part of a MnDOT metro wide Vaffic information and management system called RION. (Copy of agreement and adopted Water Board resolution are attached). "'•°. "�^"""° "" "' °""""„ PERSONAL SERVICE CONTpACTS MUST ANSWER THE FOLLOWING �UESTIONS: CAMMISSION _CIVILSERVICECOMMISSION 7, HasthispersoNfirtneverwofkedunderacontrac[forthisdepartment? YES NO �� — — 2. Has this persoNfirtn ever been a ciry employee? = — YES NO uCT CoUNaL 3. Does th�s persoNfirm possess a skill not nortnalty possessed by any cunent ciry employee? — YES NO WHICH COUNGIL OBJECTIVE? F�cplain all yes answers on separate sheet and attach to green sheet PROBLEM, ISSUE, OPPORTUNITY (4VH0. WHAT, WHEN, WHERE. WH1�: The City of Saint Paui has been authorized as a partner in a MnDOT metro wide traffic information and management project called ORION. This project is a cooperative effort between Saint Paul, Minneapolis, Hennepin County, and MnDOT to reduce traffic congestion through related and coordinated traffic information and management systems. The project is funded entirely by the State of Minnesota, and will ultimately enable all agencies involved to utiiiaed state of the art computerized hardware and soflware to detect, disseminate and share real time traffic information boih with each other and with the motoring public tor the purpose of better traffic management. The agreement in question is necessary in order to complete the all important data communications link to the City Hail Annex. APPROVE�: WH qg•pqs � GREEN ET Ho_ 6�s�_ INffl AiE INfiIAVDAiE PARTMENTDIRECTO �GINCqUNGlI YATfORNEV �({ • O- �CRYCL.ERK DGEf DIREGTOR 04 FlN. & MGT. SEFiVICES DIR � g .YOR(ORASSISTANTf � Q � SOCIATE _ _ _ I I DEPT. ACCOUNTANT :cuting the agreement will provide the City of Saint Paul with a cost effective means for installation and maintenance of the final leg of communications cable for the City of Saint Paul's portion of the ORION project. Utilization of an existing Saint Paul Water Utility tunnei >urposes of a fiber optic cable run as opposed to installation of new buried conduit represents significant cost savings, saves time, ids the need to add more buried conduit in an atready overcrowded downtown right-of-way, and eliminates disruption of downtown icular and pedestrian traffic. None. �€€f �¢�`�€L � ;_., „,.` ^ ,� AUG 3 i 1998 ?�?�s��5�a �i��o° APPROVED: 8':iJ3 `� ! ��F�� a'7..r'� F's-,`.d�:. ��h'� � � �� r�trY�� The agreement will not be executed and the above cited advantages to the City of Saint Paul will not be realized. AMOUNT OF TRANSACTION $ JGSOURCE COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES No NUMBER JCIAL7NFORMATION:iIXPLA1N) '. agreement represents no cost to the City of Saint Paui. All Costs associated with the MnDOT ORION project are borne by MnDOT the State of Minnesota. CiTY OF 5T. PAUL �e pas . ' OFHCE OF THE BOARD OF WATER COMMISSIONFRS d a � . RESOLUTION — GEfJERAI FORM No W598 coMMts 1�eiter pA � August 11, 1998 WFIEREAS, The City of Saint Paul has requested permission to install and maintaiu a fiber optic cable in certain sections of the Boazd's downtown tunnel system as part of the Saint Paul azea ORION Intelligent Transportation Project improvement to the City's traf£ic signal system; and WHEREAS, Water Utility staff has prepazed a permit agreement outlirung terms and condirions under which the fiber optic cable may be installed and does recouunend approvai af said permit agreement; and WHEREAS, The City Attomey's Office has approved said pernut agreement as to form; now, therefore, be it RESOLVED, That the pemut agreement allowing the installation and maintenance of a frber optic cable for the Saint Paul azea ORION Intelligent Transportation Project, substantially in the form submitted, between the City of Saint Paul and the Board of Water Commissioners is hereby approved and that the proper officers aze hereby directed to execute said agreement on behalf of the Boazd. Water Commissioners Yeas Arcand Nays Benanav Kittridge Reiter Adopted by the Board of Water Commissioners Vice President Haselmann President Harris In favor 6 _ Oppos� � AuQUSt 11, jg 98 � � _% ' // �� ° lg '�95 PERMIT AGREEMENT THIS AGREEMENT, made and entered into this �� day of � 1998 by and between the BOARA OF WATER COMiVIISSIONERS of the City of Saint Paui, a Minnesota municipal corporation under the laws of the State of Minnesota, ("BOARD"), and the CITI' OF SAINT PAi7L, a Minnesota municipal corporation under the laws of the State of Minnesota, whose mailing address is 800 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1660, ("PERMITT'EE"). WITNESSETH: That the BOARD, for itself, its successors and assigns, and PERMITTEE, for itself, its successors, heirs and assigns, do hereby agree as foilows: 1. PERMIT"TEE is hereby permitted to install and maintain a conduit and fiber optic cable system for the benefit of the City of Saint Paui's traffic signal system in the BOARD's underground tunnels located beneath portions of Kellogg Boulevard, West Fourth Street, Washington Street, Mazket Street and Saint Peter Street between the City Hall Annex and the loading dock area of the River Centre, ("Premises"), as shown on attached E�ibit "A", incorporated herein by reference. All work shall be subject to approval by the BOARD's project manager, or his designee. 2. The PERMITTEE shall select a suitable Contractor, ("CONTRACTOR"), to perform work and services as needed by the PERMITTEE and as described herein. The CONTRACTOR shall meet all requirements stipulated herein. The BOARD shall have final right of approval or rejection of the selected CONTRACTOR with regazd to the suitabiliry of the selected CONTRACTOR to provide or perform the necessary services on the Premises. 3. This agreement shail allow the PERMITTEE to install and maintain conduit and fiber optic cable in any, all, or no patts of the tunnel segments described herein and or shown in Exhibit A. The final deternunation of the tunnei route to use sha11 be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. N:\CLERIGAL\60ARD�AGREEMN1lPERMl11STPTUNNL.981 I 9�_ �'' �. Depending on the final cable routing and in lieu of a cable connection to the Annex from the Fourth Sueet humel, this agreement shall allow the PERMITTEE to constcuct a connection to the PERMITTEE's traffic control conduit system using a bored entrance from the roadway surface area into the tunnel area The final determination of the location of the bore hole entrance shall be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 5. Construction shall consist of the instaliation of fiber cable in the tunnels along the final selected route. Altemate construction tecluuques and arrangements shall be considered to install and or place the cable in the tunnel including at[achment of the cable to the existing tunnel conduit system andlor installarion of the cable in new conduit installed by the PERNIITTEE in the tunnel azea. Where new conduit is placed in the riumel, the new conduit shall be placed on the floor against the sidewall of the tunnel and affixed to the floor and wall with "U" bolt or "C" shaped retainers driven into or affixed to the floor ar sidewail. Where the conduit crosses an existing tiu�nel entrance, a suitable concrete ramp over the conduit shall be installed to permit wheelbarrow movement over the conduit or the conduit shall be installed 'm the existing floor. Conduit in the Mazket Street tunnel may be placed on the floor toward on the side of the tunnel. Where conduit cannot be placed on the floor or installed in the floor in the areas of tunnel entrance crossing, a special configuration of conduit and wall attachment shali be developed to facilitate cable and conduit instaltation. The PERMITT'EE will provide construction details for all construction to the BOARD's project manager or his designee prior to commencing construction. In any event, the final determination of the tunnel conduit installation shali be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 6. PERMITTEE shail pay to the BOAIZD the sum of $300 as reimbwsement for administrative and inspection costs. 7. PERMITTEE shall give a minimum of 48 hours advance notification to the BOARD's project manager of when construction work is to begin so that inspection of the construction can be perFormed on behalf of the BOARD. 8. The PERMITTEE and the BOARD's project manager or designee shall develop a plan for access and security of the Premises during construcfion and during PERMITTEE's maintenance and repair work thereafter. The plan sha11 include provisions for notification by the N:\CLERICAL\BOARDW GREEMN'PPERMI"[1STPTUNNL.98 ] ., , .. PERMITTEE that access to the humel will be required to perform maintenance and repair work. The plan shall also include provisions for notificarion by the BOARD of such work by the BOARD that will require PERMITTEE's cable facilities to be moved or in some way adjusted or changed. The plan shall be approved by the BOARD's project manager prior to commencement of any construction operations and upon completion of the initial system construction for future access. 9. The BOARD shall have the opuon and authority of assigning its inspector or inspectors to inspect the Premises or site at any time or tunes and for such periods of tune as the BOARD or its designee deem necessary or expedient for the safety and protection of employees or works of the BOARD, or of other persons or properiy whomsoever or whatsoever, because of any condition arising out of said proposed construction, or from acts or operations of PERMITTEE in the construcfion operations within said Premises. 10. It is hereby understood and agreed by and between the parties that any plans or data supplied by the BOARA or its employees, including but not necessarily limited to works of the BOARD or of others located within or adjacent to said Premises, aze approximations only and that the BOARD explicitly does not guarantee that any such plans or data are either complete ar correct. 11. PERMITTEE shall restore the BOARD's property and Premises to a condition equal to or �ceeding the existing condition prior to conshuction. PERMITTEE shall thereafter maintain the BOARD's property and Premises so that it remains in good condition. PERMIT"TEE shall keep the same free from litter or other objectionable matter during any and all future cable and conduit maintenance or repair work on PERMTTEE's cable and conduit. 12, The use of explosives of any kind or for any purpose whatsoever within and adjacent to the BOARD's property and Premises, including ammunition in hand-held impact-driven tools, is expressly prohibited. 13. PERMI"TTEE shall neither make any excavations nor alter any works or improvements within the BOARD's property and Premises nor install any improvements therein, other than as expressiy provided for in this permit agreement, except with and according to the BOARD's written consent thereto. 14. The BOARD reserves the right to instaii additional works within the BOARD's property and Premises and to confinue maintenance and repair of e�sting works located therein. Should it be necessary that the PERMITTEE's works or improvements be removed or damaged as N 1CLERICAL\BOARDW GREEMN7IPERMTT�STPTUNNL.981 , 9g'P a result of the BOA.RD's maintenance, repair or other operations, then all replacement or modification costs to restore the PERMITTEE's works or improvements shall be borne solely by the PERMITTEE. Prior to the removal of any of the PERMITTEE's works or improvements by the BOARD, the BOARD shall notify the PERMITTEE that changes or adjustments to the PER.MITTEE's works and improvements wili be required. 15. Provisions shall be included in the agreement between the PERMITTEE and the PERMI'iTEE's CONTRACTOR to indemnify and hoid hazmiess, protect and defend the BOARD and the Water Utility, their employees and agents, from any or all liability, suits or demands, including loss of use, arising out of the construction, maintenance, repair or existence of the works authorized by this pernut. This provision shall not, however, apply where such bodily injury or properiy damage is caused by the sole negligence oP the BOARD, its agents or employees. 16. Provisions shali be included in the agreement between the PERMITTEE and the PERMITTEE's CONTRACTOR for the CONTRACTOR to provide and maintain comprehensive public liability (including automobile) insurance for and on behalf of PERMITTEE, the City of Saint Paul and the BOARD as additional insured, protecting ali parties from claims for damages and bodily injuries, including accidental death, as well as from all claims for damage to property owned by the BOARD, or any other party, which may arise from operations incidental to ttus agreement, including coverage for damage to structures of any kind or underground structures of any kind, or whether such operations be by PERMITTEE or by any contractor or subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall aiso include contractual liability coverage and shall insure the liability assumed by PERMITTEE under the indemnification clause contained in this agreement. The minimum amount of such liability insurance shall be as follows: Bodily injury insurance (including death) in an amount not less than $300,000 for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total of not less than $750,000 on account of any one occurrence. N:\CLERICAUBOARD44GREEMNTPERMI7ISTPTUNN L.981 4 qg-� Property damage insurance in an amount of not less than $300,000 for all damages to or destruction ofproperty in any one occurrence, and subject to that limit per occurrence; fiu subject to a total of not less than $750,000 for all damages to or destrucrion of properry during the policy period. 17. All insurance shali include the provision that it cannot be attered or canceled except upon 30 days written notice to the BOARD, and such insurance shall meet with the approval of the City Attomey of the City of Saint Paul. 18. Acceptable written proof of insurance shali be delivered to the BOARD 10 days in advance of the time contemplated for commencing any operation pursuant to this agreement and no operaUons shall be commenced, carried on, continued or permitted except after the BOARD has given PERMIT'TEE its written approval of said insurance, and said insurance so approved is in force and effect. 19. It is understood and agreed by the parties that this written agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters contained herein. 20. This agreement may be amended by further mutual written agreement of the parties. Any alterations, amendments, deletions or waivers of the provisions of this agreement shall be valid only when reduced to writing and duly executed by the parties. 21. The BOARD shall have the right to revoke this agreement upon breach by the PERMITTEE of any of the terms or conditions contained herein. 22. The term of the agreement shali be twenty (20) yeazs. 23. It is intended that the permission granted herein and the obligations set forth herein shall run with the property owned by BOARD and PERMITTEE, and shall be binding upon the PERMITTEE, its CONTRACTORs, heirs, successors or assigns and upon the BOARD, its successors or assLgns. N:\CLERICAL�BOARDW GREENRJIIPERMI7ISTPTUNNL.981 5 �l8-$ IN WITNESS WHEI2EOF, the parties hereto have caused this agreement to be executed in their behalf respectively as of the day and year first above written. APPROVED: � Director, Pubiic Works Department CITY OF SAINT PAUL, NIINNESOTA : Norm Coleman, Mayor, City of Saint Paul Approved as to form: By 1`4�A � . � S ;3J• 4g Assistan City A rney APPROVED: : Bemie R. Bullert, General Manager : Fredrick K. Owusu, City Clerk � Joseph M. Reid, Director Office of Financial Services BOARD OF WATER COMMISSIONERS : Michael 3. Harris, President Approved as to form: B "��-� 8•r� g8 B �� y y Assistant City Attorney William Tschida, As istant Secretary N:\CLERICAL�BOARDWGREEMN7IPERMI7�STPTUNNG981 I -- � . B]29i[V�ap 9-�-98 �SM4 y EST 3 0 -3 ° o� � 1 3 i T 1 � � m �m x � zx r�-�m i Z�y � � °_, z a m N y � V n y -i � < a �° z z� m x PRE I I�, RY D� `� �� (- r Final pia u ct to � approvai by Board's °° ° ° ° ° ��3 Y 3$ u � m�� 2� �g 'F '4 ;�_ � ��° �� Project Mana er �� 9 g � s � �_ = p s os� �u � � � x ° t� ��S '" � n� �3 � _'� m� m A � �� € ° � 3� � �� a� < � m �� iy r � q i } � g f � � � qg-��s �� Exhibit A � � � e 8'J]9ifpFtlq 8-�-99 IN�]3 P ESL 3 _� �3 � 3 � ��J 0 a m � 3� a ��m i 2al N g� i i a : N � 1 � � �I �� 1 I y��.�� '�y \ _,^ j � � �� ; �j� � �- O �� L� �� i i �^ �� I i�� I I D� I I D i� t �< I � O� � i L o� � I oZo . �. r , I � � � � � �, _I L � I I L / I I I l I I 'r �� ----- Y y l O` ,O *d � r� � 1 r�- - � ;i �a-�'i � � j 1� �� l� n --- �I ______________�'�— � __�r_�r__ �i ii '1S NOI�NIHSVM 1 I� � �� \ \ � � � \ ti \ � SEE SHEET 7 0 0 oa a Am� ��m �;� �� a A#F F '°p �� ^o �� u � k � '9 3 uFa 9=> �,y^ � �p� g a a � S � y � $€ �� g '3 4 �E ae ��^ � � 8' ;�e �z a :3 y 3 �a ^ n ;n $� � _ L$ N 3� g 5 "'� ' � �Y i $� a a � J , r' � Council File # �6 � p � S 7 � Presented By Referred To OF Green sheet # 62863 NESOTA Committee: Date � l WHEREAS, the City of Saint Paul desires to enter into a permit agreement with the Saint 2 Paul Board of Water Commissioners to instafl and maintain a fiber optic cable in certain sections of 3 the Board's downtown tunnel system as part of a MnDOT Saint Paul(Minneapolis metro wide 4 ORION Intelligent Transportation System (ITS) Project; and 5 6 WHEREAS, said project will provide the City of Saint Paul with capability to share real time 7 traffic information with other metro agencies and MnDOT for the purpose of better traffic 8 management; and 9 10 11 12 i3 14 15 i6 17 18 WHEREAS, said agreement will provide the City of Saint Paul with a cost effective and non-disruptive means for installing and maintaining the final leg of the communications cable for the City of Saint PauPs portion of the ORION project; and WHEREAS, City of Saint Paul Public Works staff has reviewed a permit agreement prepared by Saint Paul Water Utility staff outlining terms and conditions under which the fiber optic cable may be installed and maintained and does recommend approval of said permit; and WHEREAS, the City of Saint Paul Attomey's office has approved said permit agreement as to 19 form; 2� 21 NOW, THEREFOR BE IT RESOLVED, that the proper City of Saint Paul officials be 22 authorized and d+rected to execute, on behalf of the C+ty of Saint Paul, the permit agreement 23 between the City of Saint Paul and the Saint Paul Board of Water Commissioners, allowing the 24 installation and maintenance of a fiber optic cable for the Saint PaullMinneapolis metro area 25 ORION Intelligent Transportation Systems (!TS) project, substantially in the form submitted. Requested by Department of: Public Works By: � Stacy Becker, irector Form Appsoved by City Attorney Certified by Council Secretary By: Approved by o I,��i { �t �'�� )�� i � I M�yor Council By: Adopted by Council: Date Q�, ��qr —, {�_� 1Norks - Traffic Engin PEFSON & PHONE L. Hamilton 266-E )N CAUNGLACaENDABY (DAT� 60FSIGNpNRE PAGES O (CLIP ALL LOCATONS FOR SIGNA7UR� Council Resolution authorizing the execution of a Saint Paul Water Utility Permit Agreement between the Saint Paul 8oard of Water �mmissioners and the City of Saint Paul, under which the City of Saint Paul shall be allowed to instail and maintain a fiber optic cable in �rtain sections of the Board's downtown tunnel system as part of a MnDOT metro wide Vaffic information and management system called RION. (Copy of agreement and adopted Water Board resolution are attached). "'•°. "�^"""° "" "' °""""„ PERSONAL SERVICE CONTpACTS MUST ANSWER THE FOLLOWING �UESTIONS: CAMMISSION _CIVILSERVICECOMMISSION 7, HasthispersoNfirtneverwofkedunderacontrac[forthisdepartment? YES NO �� — — 2. Has this persoNfirtn ever been a ciry employee? = — YES NO uCT CoUNaL 3. Does th�s persoNfirm possess a skill not nortnalty possessed by any cunent ciry employee? — YES NO WHICH COUNGIL OBJECTIVE? F�cplain all yes answers on separate sheet and attach to green sheet PROBLEM, ISSUE, OPPORTUNITY (4VH0. WHAT, WHEN, WHERE. WH1�: The City of Saint Paui has been authorized as a partner in a MnDOT metro wide traffic information and management project called ORION. This project is a cooperative effort between Saint Paul, Minneapolis, Hennepin County, and MnDOT to reduce traffic congestion through related and coordinated traffic information and management systems. The project is funded entirely by the State of Minnesota, and will ultimately enable all agencies involved to utiiiaed state of the art computerized hardware and soflware to detect, disseminate and share real time traffic information boih with each other and with the motoring public tor the purpose of better traffic management. The agreement in question is necessary in order to complete the all important data communications link to the City Hail Annex. APPROVE�: WH qg•pqs � GREEN ET Ho_ 6�s�_ INffl AiE INfiIAVDAiE PARTMENTDIRECTO �GINCqUNGlI YATfORNEV �({ • O- �CRYCL.ERK DGEf DIREGTOR 04 FlN. & MGT. SEFiVICES DIR � g .YOR(ORASSISTANTf � Q � SOCIATE _ _ _ I I DEPT. ACCOUNTANT :cuting the agreement will provide the City of Saint Paul with a cost effective means for installation and maintenance of the final leg of communications cable for the City of Saint Paul's portion of the ORION project. Utilization of an existing Saint Paul Water Utility tunnei >urposes of a fiber optic cable run as opposed to installation of new buried conduit represents significant cost savings, saves time, ids the need to add more buried conduit in an atready overcrowded downtown right-of-way, and eliminates disruption of downtown icular and pedestrian traffic. None. �€€f �¢�`�€L � ;_., „,.` ^ ,� AUG 3 i 1998 ?�?�s��5�a �i��o° APPROVED: 8':iJ3 `� ! ��F�� a'7..r'� F's-,`.d�:. ��h'� � � �� r�trY�� The agreement will not be executed and the above cited advantages to the City of Saint Paul will not be realized. AMOUNT OF TRANSACTION $ JGSOURCE COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES No NUMBER JCIAL7NFORMATION:iIXPLA1N) '. agreement represents no cost to the City of Saint Paui. All Costs associated with the MnDOT ORION project are borne by MnDOT the State of Minnesota. CiTY OF 5T. PAUL �e pas . ' OFHCE OF THE BOARD OF WATER COMMISSIONFRS d a � . RESOLUTION — GEfJERAI FORM No W598 coMMts 1�eiter pA � August 11, 1998 WFIEREAS, The City of Saint Paul has requested permission to install and maintaiu a fiber optic cable in certain sections of the Boazd's downtown tunnel system as part of the Saint Paul azea ORION Intelligent Transportation Project improvement to the City's traf£ic signal system; and WHEREAS, Water Utility staff has prepazed a permit agreement outlirung terms and condirions under which the fiber optic cable may be installed and does recouunend approvai af said permit agreement; and WHEREAS, The City Attomey's Office has approved said pernut agreement as to form; now, therefore, be it RESOLVED, That the pemut agreement allowing the installation and maintenance of a frber optic cable for the Saint Paul azea ORION Intelligent Transportation Project, substantially in the form submitted, between the City of Saint Paul and the Board of Water Commissioners is hereby approved and that the proper officers aze hereby directed to execute said agreement on behalf of the Boazd. Water Commissioners Yeas Arcand Nays Benanav Kittridge Reiter Adopted by the Board of Water Commissioners Vice President Haselmann President Harris In favor 6 _ Oppos� � AuQUSt 11, jg 98 � � _% ' // �� ° lg '�95 PERMIT AGREEMENT THIS AGREEMENT, made and entered into this �� day of � 1998 by and between the BOARA OF WATER COMiVIISSIONERS of the City of Saint Paui, a Minnesota municipal corporation under the laws of the State of Minnesota, ("BOARD"), and the CITI' OF SAINT PAi7L, a Minnesota municipal corporation under the laws of the State of Minnesota, whose mailing address is 800 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1660, ("PERMITT'EE"). WITNESSETH: That the BOARD, for itself, its successors and assigns, and PERMITTEE, for itself, its successors, heirs and assigns, do hereby agree as foilows: 1. PERMIT"TEE is hereby permitted to install and maintain a conduit and fiber optic cable system for the benefit of the City of Saint Paui's traffic signal system in the BOARD's underground tunnels located beneath portions of Kellogg Boulevard, West Fourth Street, Washington Street, Mazket Street and Saint Peter Street between the City Hall Annex and the loading dock area of the River Centre, ("Premises"), as shown on attached E�ibit "A", incorporated herein by reference. All work shall be subject to approval by the BOARD's project manager, or his designee. 2. The PERMITTEE shall select a suitable Contractor, ("CONTRACTOR"), to perform work and services as needed by the PERMITTEE and as described herein. The CONTRACTOR shall meet all requirements stipulated herein. The BOARD shall have final right of approval or rejection of the selected CONTRACTOR with regazd to the suitabiliry of the selected CONTRACTOR to provide or perform the necessary services on the Premises. 3. This agreement shail allow the PERMITTEE to install and maintain conduit and fiber optic cable in any, all, or no patts of the tunnel segments described herein and or shown in Exhibit A. The final deternunation of the tunnei route to use sha11 be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. N:\CLERIGAL\60ARD�AGREEMN1lPERMl11STPTUNNL.981 I 9�_ �'' �. Depending on the final cable routing and in lieu of a cable connection to the Annex from the Fourth Sueet humel, this agreement shall allow the PERMITTEE to constcuct a connection to the PERMITTEE's traffic control conduit system using a bored entrance from the roadway surface area into the tunnel area The final determination of the location of the bore hole entrance shall be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 5. Construction shall consist of the instaliation of fiber cable in the tunnels along the final selected route. Altemate construction tecluuques and arrangements shall be considered to install and or place the cable in the tunnel including at[achment of the cable to the existing tunnel conduit system andlor installarion of the cable in new conduit installed by the PERNIITTEE in the tunnel azea. Where new conduit is placed in the riumel, the new conduit shall be placed on the floor against the sidewall of the tunnel and affixed to the floor and wall with "U" bolt or "C" shaped retainers driven into or affixed to the floor ar sidewail. Where the conduit crosses an existing tiu�nel entrance, a suitable concrete ramp over the conduit shall be installed to permit wheelbarrow movement over the conduit or the conduit shall be installed 'm the existing floor. Conduit in the Mazket Street tunnel may be placed on the floor toward on the side of the tunnel. Where conduit cannot be placed on the floor or installed in the floor in the areas of tunnel entrance crossing, a special configuration of conduit and wall attachment shali be developed to facilitate cable and conduit instaltation. The PERMITT'EE will provide construction details for all construction to the BOARD's project manager or his designee prior to commencing construction. In any event, the final determination of the tunnel conduit installation shali be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 6. PERMITTEE shail pay to the BOAIZD the sum of $300 as reimbwsement for administrative and inspection costs. 7. PERMITTEE shall give a minimum of 48 hours advance notification to the BOARD's project manager of when construction work is to begin so that inspection of the construction can be perFormed on behalf of the BOARD. 8. The PERMITTEE and the BOARD's project manager or designee shall develop a plan for access and security of the Premises during construcfion and during PERMITTEE's maintenance and repair work thereafter. The plan sha11 include provisions for notification by the N:\CLERICAL\BOARDW GREEMN'PPERMI"[1STPTUNNL.98 ] ., , .. PERMITTEE that access to the humel will be required to perform maintenance and repair work. The plan shall also include provisions for notificarion by the BOARD of such work by the BOARD that will require PERMITTEE's cable facilities to be moved or in some way adjusted or changed. The plan shall be approved by the BOARD's project manager prior to commencement of any construction operations and upon completion of the initial system construction for future access. 9. The BOARD shall have the opuon and authority of assigning its inspector or inspectors to inspect the Premises or site at any time or tunes and for such periods of tune as the BOARD or its designee deem necessary or expedient for the safety and protection of employees or works of the BOARD, or of other persons or properiy whomsoever or whatsoever, because of any condition arising out of said proposed construction, or from acts or operations of PERMITTEE in the construcfion operations within said Premises. 10. It is hereby understood and agreed by and between the parties that any plans or data supplied by the BOARA or its employees, including but not necessarily limited to works of the BOARD or of others located within or adjacent to said Premises, aze approximations only and that the BOARD explicitly does not guarantee that any such plans or data are either complete ar correct. 11. PERMITTEE shall restore the BOARD's property and Premises to a condition equal to or �ceeding the existing condition prior to conshuction. PERMITTEE shall thereafter maintain the BOARD's property and Premises so that it remains in good condition. PERMIT"TEE shall keep the same free from litter or other objectionable matter during any and all future cable and conduit maintenance or repair work on PERMTTEE's cable and conduit. 12, The use of explosives of any kind or for any purpose whatsoever within and adjacent to the BOARD's property and Premises, including ammunition in hand-held impact-driven tools, is expressly prohibited. 13. PERMI"TTEE shall neither make any excavations nor alter any works or improvements within the BOARD's property and Premises nor install any improvements therein, other than as expressiy provided for in this permit agreement, except with and according to the BOARD's written consent thereto. 14. The BOARD reserves the right to instaii additional works within the BOARD's property and Premises and to confinue maintenance and repair of e�sting works located therein. Should it be necessary that the PERMITTEE's works or improvements be removed or damaged as N 1CLERICAL\BOARDW GREEMN7IPERMTT�STPTUNNL.981 , 9g'P a result of the BOA.RD's maintenance, repair or other operations, then all replacement or modification costs to restore the PERMITTEE's works or improvements shall be borne solely by the PERMITTEE. Prior to the removal of any of the PERMITTEE's works or improvements by the BOARD, the BOARD shall notify the PERMITTEE that changes or adjustments to the PER.MITTEE's works and improvements wili be required. 15. Provisions shall be included in the agreement between the PERMITTEE and the PERMI'iTEE's CONTRACTOR to indemnify and hoid hazmiess, protect and defend the BOARD and the Water Utility, their employees and agents, from any or all liability, suits or demands, including loss of use, arising out of the construction, maintenance, repair or existence of the works authorized by this pernut. This provision shall not, however, apply where such bodily injury or properiy damage is caused by the sole negligence oP the BOARD, its agents or employees. 16. Provisions shali be included in the agreement between the PERMITTEE and the PERMITTEE's CONTRACTOR for the CONTRACTOR to provide and maintain comprehensive public liability (including automobile) insurance for and on behalf of PERMITTEE, the City of Saint Paul and the BOARD as additional insured, protecting ali parties from claims for damages and bodily injuries, including accidental death, as well as from all claims for damage to property owned by the BOARD, or any other party, which may arise from operations incidental to ttus agreement, including coverage for damage to structures of any kind or underground structures of any kind, or whether such operations be by PERMITTEE or by any contractor or subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall aiso include contractual liability coverage and shall insure the liability assumed by PERMITTEE under the indemnification clause contained in this agreement. The minimum amount of such liability insurance shall be as follows: Bodily injury insurance (including death) in an amount not less than $300,000 for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total of not less than $750,000 on account of any one occurrence. N:\CLERICAUBOARD44GREEMNTPERMI7ISTPTUNN L.981 4 qg-� Property damage insurance in an amount of not less than $300,000 for all damages to or destruction ofproperty in any one occurrence, and subject to that limit per occurrence; fiu subject to a total of not less than $750,000 for all damages to or destrucrion of properry during the policy period. 17. All insurance shali include the provision that it cannot be attered or canceled except upon 30 days written notice to the BOARD, and such insurance shall meet with the approval of the City Attomey of the City of Saint Paul. 18. Acceptable written proof of insurance shali be delivered to the BOARD 10 days in advance of the time contemplated for commencing any operation pursuant to this agreement and no operaUons shall be commenced, carried on, continued or permitted except after the BOARD has given PERMIT'TEE its written approval of said insurance, and said insurance so approved is in force and effect. 19. It is understood and agreed by the parties that this written agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters contained herein. 20. This agreement may be amended by further mutual written agreement of the parties. Any alterations, amendments, deletions or waivers of the provisions of this agreement shall be valid only when reduced to writing and duly executed by the parties. 21. The BOARD shall have the right to revoke this agreement upon breach by the PERMITTEE of any of the terms or conditions contained herein. 22. The term of the agreement shali be twenty (20) yeazs. 23. It is intended that the permission granted herein and the obligations set forth herein shall run with the property owned by BOARD and PERMITTEE, and shall be binding upon the PERMITTEE, its CONTRACTORs, heirs, successors or assigns and upon the BOARD, its successors or assLgns. N:\CLERICAL�BOARDW GREENRJIIPERMI7ISTPTUNNL.981 5 �l8-$ IN WITNESS WHEI2EOF, the parties hereto have caused this agreement to be executed in their behalf respectively as of the day and year first above written. APPROVED: � Director, Pubiic Works Department CITY OF SAINT PAUL, NIINNESOTA : Norm Coleman, Mayor, City of Saint Paul Approved as to form: By 1`4�A � . � S ;3J• 4g Assistan City A rney APPROVED: : Bemie R. Bullert, General Manager : Fredrick K. Owusu, City Clerk � Joseph M. Reid, Director Office of Financial Services BOARD OF WATER COMMISSIONERS : Michael 3. Harris, President Approved as to form: B "��-� 8•r� g8 B �� y y Assistant City Attorney William Tschida, As istant Secretary N:\CLERICAL�BOARDWGREEMN7IPERMI7�STPTUNNG981 I -- � . B]29i[V�ap 9-�-98 �SM4 y EST 3 0 -3 ° o� � 1 3 i T 1 � � m �m x � zx r�-�m i Z�y � � °_, z a m N y � V n y -i � < a �° z z� m x PRE I I�, RY D� `� �� (- r Final pia u ct to � approvai by Board's °° ° ° ° ° ��3 Y 3$ u � m�� 2� �g 'F '4 ;�_ � ��° �� Project Mana er �� 9 g � s � �_ = p s os� �u � � � x ° t� ��S '" � n� �3 � _'� m� m A � �� € ° � 3� � �� a� < � m �� iy r � q i } � g f � � � qg-��s �� Exhibit A � � � e 8'J]9ifpFtlq 8-�-99 IN�]3 P ESL 3 _� �3 � 3 � ��J 0 a m � 3� a ��m i 2al N g� i i a : N � 1 � � �I �� 1 I y��.�� '�y \ _,^ j � � �� ; �j� � �- O �� L� �� i i �^ �� I i�� I I D� I I D i� t �< I � O� � i L o� � I oZo . �. r , I � � � � � �, _I L � I I L / I I I l I I 'r �� ----- Y y l O` ,O *d � r� � 1 r�- - � ;i �a-�'i � � j 1� �� l� n --- �I ______________�'�— � __�r_�r__ �i ii '1S NOI�NIHSVM 1 I� � �� \ \ � � � \ ti \ � SEE SHEET 7 0 0 oa a Am� ��m �;� �� a A#F F '°p �� ^o �� u � k � '9 3 uFa 9=> �,y^ � �p� g a a � S � y � $€ �� g '3 4 �E ae ��^ � � 8' ;�e �z a :3 y 3 �a ^ n ;n $� � _ L$ N 3� g 5 "'� ' � �Y i $� a a � J , r' � Council File # �6 � p � S 7 � Presented By Referred To OF Green sheet # 62863 NESOTA Committee: Date � l WHEREAS, the City of Saint Paul desires to enter into a permit agreement with the Saint 2 Paul Board of Water Commissioners to instafl and maintain a fiber optic cable in certain sections of 3 the Board's downtown tunnel system as part of a MnDOT Saint Paul(Minneapolis metro wide 4 ORION Intelligent Transportation System (ITS) Project; and 5 6 WHEREAS, said project will provide the City of Saint Paul with capability to share real time 7 traffic information with other metro agencies and MnDOT for the purpose of better traffic 8 management; and 9 10 11 12 i3 14 15 i6 17 18 WHEREAS, said agreement will provide the City of Saint Paul with a cost effective and non-disruptive means for installing and maintaining the final leg of the communications cable for the City of Saint PauPs portion of the ORION project; and WHEREAS, City of Saint Paul Public Works staff has reviewed a permit agreement prepared by Saint Paul Water Utility staff outlining terms and conditions under which the fiber optic cable may be installed and maintained and does recommend approval of said permit; and WHEREAS, the City of Saint Paul Attomey's office has approved said permit agreement as to 19 form; 2� 21 NOW, THEREFOR BE IT RESOLVED, that the proper City of Saint Paul officials be 22 authorized and d+rected to execute, on behalf of the C+ty of Saint Paul, the permit agreement 23 between the City of Saint Paul and the Saint Paul Board of Water Commissioners, allowing the 24 installation and maintenance of a fiber optic cable for the Saint PaullMinneapolis metro area 25 ORION Intelligent Transportation Systems (!TS) project, substantially in the form submitted. Requested by Department of: Public Works By: � Stacy Becker, irector Form Appsoved by City Attorney Certified by Council Secretary By: Approved by o I,��i { �t �'�� )�� i � I M�yor Council By: Adopted by Council: Date Q�, ��qr —, {�_� 1Norks - Traffic Engin PEFSON & PHONE L. Hamilton 266-E )N CAUNGLACaENDABY (DAT� 60FSIGNpNRE PAGES O (CLIP ALL LOCATONS FOR SIGNA7UR� Council Resolution authorizing the execution of a Saint Paul Water Utility Permit Agreement between the Saint Paul 8oard of Water �mmissioners and the City of Saint Paul, under which the City of Saint Paul shall be allowed to instail and maintain a fiber optic cable in �rtain sections of the Board's downtown tunnel system as part of a MnDOT metro wide Vaffic information and management system called RION. (Copy of agreement and adopted Water Board resolution are attached). "'•°. "�^"""° "" "' °""""„ PERSONAL SERVICE CONTpACTS MUST ANSWER THE FOLLOWING �UESTIONS: CAMMISSION _CIVILSERVICECOMMISSION 7, HasthispersoNfirtneverwofkedunderacontrac[forthisdepartment? YES NO �� — — 2. Has this persoNfirtn ever been a ciry employee? = — YES NO uCT CoUNaL 3. Does th�s persoNfirm possess a skill not nortnalty possessed by any cunent ciry employee? — YES NO WHICH COUNGIL OBJECTIVE? F�cplain all yes answers on separate sheet and attach to green sheet PROBLEM, ISSUE, OPPORTUNITY (4VH0. WHAT, WHEN, WHERE. WH1�: The City of Saint Paui has been authorized as a partner in a MnDOT metro wide traffic information and management project called ORION. This project is a cooperative effort between Saint Paul, Minneapolis, Hennepin County, and MnDOT to reduce traffic congestion through related and coordinated traffic information and management systems. The project is funded entirely by the State of Minnesota, and will ultimately enable all agencies involved to utiiiaed state of the art computerized hardware and soflware to detect, disseminate and share real time traffic information boih with each other and with the motoring public tor the purpose of better traffic management. The agreement in question is necessary in order to complete the all important data communications link to the City Hail Annex. APPROVE�: WH qg•pqs � GREEN ET Ho_ 6�s�_ INffl AiE INfiIAVDAiE PARTMENTDIRECTO �GINCqUNGlI YATfORNEV �({ • O- �CRYCL.ERK DGEf DIREGTOR 04 FlN. & MGT. SEFiVICES DIR � g .YOR(ORASSISTANTf � Q � SOCIATE _ _ _ I I DEPT. ACCOUNTANT :cuting the agreement will provide the City of Saint Paul with a cost effective means for installation and maintenance of the final leg of communications cable for the City of Saint Paul's portion of the ORION project. Utilization of an existing Saint Paul Water Utility tunnei >urposes of a fiber optic cable run as opposed to installation of new buried conduit represents significant cost savings, saves time, ids the need to add more buried conduit in an atready overcrowded downtown right-of-way, and eliminates disruption of downtown icular and pedestrian traffic. None. �€€f �¢�`�€L � ;_., „,.` ^ ,� AUG 3 i 1998 ?�?�s��5�a �i��o° APPROVED: 8':iJ3 `� ! ��F�� a'7..r'� F's-,`.d�:. ��h'� � � �� r�trY�� The agreement will not be executed and the above cited advantages to the City of Saint Paul will not be realized. AMOUNT OF TRANSACTION $ JGSOURCE COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES No NUMBER JCIAL7NFORMATION:iIXPLA1N) '. agreement represents no cost to the City of Saint Paui. All Costs associated with the MnDOT ORION project are borne by MnDOT the State of Minnesota. CiTY OF 5T. PAUL �e pas . ' OFHCE OF THE BOARD OF WATER COMMISSIONFRS d a � . RESOLUTION — GEfJERAI FORM No W598 coMMts 1�eiter pA � August 11, 1998 WFIEREAS, The City of Saint Paul has requested permission to install and maintaiu a fiber optic cable in certain sections of the Boazd's downtown tunnel system as part of the Saint Paul azea ORION Intelligent Transportation Project improvement to the City's traf£ic signal system; and WHEREAS, Water Utility staff has prepazed a permit agreement outlirung terms and condirions under which the fiber optic cable may be installed and does recouunend approvai af said permit agreement; and WHEREAS, The City Attomey's Office has approved said pernut agreement as to form; now, therefore, be it RESOLVED, That the pemut agreement allowing the installation and maintenance of a frber optic cable for the Saint Paul azea ORION Intelligent Transportation Project, substantially in the form submitted, between the City of Saint Paul and the Board of Water Commissioners is hereby approved and that the proper officers aze hereby directed to execute said agreement on behalf of the Boazd. Water Commissioners Yeas Arcand Nays Benanav Kittridge Reiter Adopted by the Board of Water Commissioners Vice President Haselmann President Harris In favor 6 _ Oppos� � AuQUSt 11, jg 98 � � _% ' // �� ° lg '�95 PERMIT AGREEMENT THIS AGREEMENT, made and entered into this �� day of � 1998 by and between the BOARA OF WATER COMiVIISSIONERS of the City of Saint Paui, a Minnesota municipal corporation under the laws of the State of Minnesota, ("BOARD"), and the CITI' OF SAINT PAi7L, a Minnesota municipal corporation under the laws of the State of Minnesota, whose mailing address is 800 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1660, ("PERMITT'EE"). WITNESSETH: That the BOARD, for itself, its successors and assigns, and PERMITTEE, for itself, its successors, heirs and assigns, do hereby agree as foilows: 1. PERMIT"TEE is hereby permitted to install and maintain a conduit and fiber optic cable system for the benefit of the City of Saint Paui's traffic signal system in the BOARD's underground tunnels located beneath portions of Kellogg Boulevard, West Fourth Street, Washington Street, Mazket Street and Saint Peter Street between the City Hall Annex and the loading dock area of the River Centre, ("Premises"), as shown on attached E�ibit "A", incorporated herein by reference. All work shall be subject to approval by the BOARD's project manager, or his designee. 2. The PERMITTEE shall select a suitable Contractor, ("CONTRACTOR"), to perform work and services as needed by the PERMITTEE and as described herein. The CONTRACTOR shall meet all requirements stipulated herein. The BOARD shall have final right of approval or rejection of the selected CONTRACTOR with regazd to the suitabiliry of the selected CONTRACTOR to provide or perform the necessary services on the Premises. 3. This agreement shail allow the PERMITTEE to install and maintain conduit and fiber optic cable in any, all, or no patts of the tunnel segments described herein and or shown in Exhibit A. The final deternunation of the tunnei route to use sha11 be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. N:\CLERIGAL\60ARD�AGREEMN1lPERMl11STPTUNNL.981 I 9�_ �'' �. Depending on the final cable routing and in lieu of a cable connection to the Annex from the Fourth Sueet humel, this agreement shall allow the PERMITTEE to constcuct a connection to the PERMITTEE's traffic control conduit system using a bored entrance from the roadway surface area into the tunnel area The final determination of the location of the bore hole entrance shall be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 5. Construction shall consist of the instaliation of fiber cable in the tunnels along the final selected route. Altemate construction tecluuques and arrangements shall be considered to install and or place the cable in the tunnel including at[achment of the cable to the existing tunnel conduit system andlor installarion of the cable in new conduit installed by the PERNIITTEE in the tunnel azea. Where new conduit is placed in the riumel, the new conduit shall be placed on the floor against the sidewall of the tunnel and affixed to the floor and wall with "U" bolt or "C" shaped retainers driven into or affixed to the floor ar sidewail. Where the conduit crosses an existing tiu�nel entrance, a suitable concrete ramp over the conduit shall be installed to permit wheelbarrow movement over the conduit or the conduit shall be installed 'm the existing floor. Conduit in the Mazket Street tunnel may be placed on the floor toward on the side of the tunnel. Where conduit cannot be placed on the floor or installed in the floor in the areas of tunnel entrance crossing, a special configuration of conduit and wall attachment shali be developed to facilitate cable and conduit instaltation. The PERMITT'EE will provide construction details for all construction to the BOARD's project manager or his designee prior to commencing construction. In any event, the final determination of the tunnel conduit installation shali be made by the PERMITTEE subject to the approval of the BOARD's project manager or his designee. 6. PERMITTEE shail pay to the BOAIZD the sum of $300 as reimbwsement for administrative and inspection costs. 7. PERMITTEE shall give a minimum of 48 hours advance notification to the BOARD's project manager of when construction work is to begin so that inspection of the construction can be perFormed on behalf of the BOARD. 8. The PERMITTEE and the BOARD's project manager or designee shall develop a plan for access and security of the Premises during construcfion and during PERMITTEE's maintenance and repair work thereafter. The plan sha11 include provisions for notification by the N:\CLERICAL\BOARDW GREEMN'PPERMI"[1STPTUNNL.98 ] ., , .. PERMITTEE that access to the humel will be required to perform maintenance and repair work. The plan shall also include provisions for notificarion by the BOARD of such work by the BOARD that will require PERMITTEE's cable facilities to be moved or in some way adjusted or changed. The plan shall be approved by the BOARD's project manager prior to commencement of any construction operations and upon completion of the initial system construction for future access. 9. The BOARD shall have the opuon and authority of assigning its inspector or inspectors to inspect the Premises or site at any time or tunes and for such periods of tune as the BOARD or its designee deem necessary or expedient for the safety and protection of employees or works of the BOARD, or of other persons or properiy whomsoever or whatsoever, because of any condition arising out of said proposed construction, or from acts or operations of PERMITTEE in the construcfion operations within said Premises. 10. It is hereby understood and agreed by and between the parties that any plans or data supplied by the BOARA or its employees, including but not necessarily limited to works of the BOARD or of others located within or adjacent to said Premises, aze approximations only and that the BOARD explicitly does not guarantee that any such plans or data are either complete ar correct. 11. PERMITTEE shall restore the BOARD's property and Premises to a condition equal to or �ceeding the existing condition prior to conshuction. PERMITTEE shall thereafter maintain the BOARD's property and Premises so that it remains in good condition. PERMIT"TEE shall keep the same free from litter or other objectionable matter during any and all future cable and conduit maintenance or repair work on PERMTTEE's cable and conduit. 12, The use of explosives of any kind or for any purpose whatsoever within and adjacent to the BOARD's property and Premises, including ammunition in hand-held impact-driven tools, is expressly prohibited. 13. PERMI"TTEE shall neither make any excavations nor alter any works or improvements within the BOARD's property and Premises nor install any improvements therein, other than as expressiy provided for in this permit agreement, except with and according to the BOARD's written consent thereto. 14. The BOARD reserves the right to instaii additional works within the BOARD's property and Premises and to confinue maintenance and repair of e�sting works located therein. Should it be necessary that the PERMITTEE's works or improvements be removed or damaged as N 1CLERICAL\BOARDW GREEMN7IPERMTT�STPTUNNL.981 , 9g'P a result of the BOA.RD's maintenance, repair or other operations, then all replacement or modification costs to restore the PERMITTEE's works or improvements shall be borne solely by the PERMITTEE. Prior to the removal of any of the PERMITTEE's works or improvements by the BOARD, the BOARD shall notify the PERMITTEE that changes or adjustments to the PER.MITTEE's works and improvements wili be required. 15. Provisions shall be included in the agreement between the PERMITTEE and the PERMI'iTEE's CONTRACTOR to indemnify and hoid hazmiess, protect and defend the BOARD and the Water Utility, their employees and agents, from any or all liability, suits or demands, including loss of use, arising out of the construction, maintenance, repair or existence of the works authorized by this pernut. This provision shall not, however, apply where such bodily injury or properiy damage is caused by the sole negligence oP the BOARD, its agents or employees. 16. Provisions shali be included in the agreement between the PERMITTEE and the PERMITTEE's CONTRACTOR for the CONTRACTOR to provide and maintain comprehensive public liability (including automobile) insurance for and on behalf of PERMITTEE, the City of Saint Paul and the BOARD as additional insured, protecting ali parties from claims for damages and bodily injuries, including accidental death, as well as from all claims for damage to property owned by the BOARD, or any other party, which may arise from operations incidental to ttus agreement, including coverage for damage to structures of any kind or underground structures of any kind, or whether such operations be by PERMITTEE or by any contractor or subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall aiso include contractual liability coverage and shall insure the liability assumed by PERMITTEE under the indemnification clause contained in this agreement. The minimum amount of such liability insurance shall be as follows: Bodily injury insurance (including death) in an amount not less than $300,000 for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total of not less than $750,000 on account of any one occurrence. N:\CLERICAUBOARD44GREEMNTPERMI7ISTPTUNN L.981 4 qg-� Property damage insurance in an amount of not less than $300,000 for all damages to or destruction ofproperty in any one occurrence, and subject to that limit per occurrence; fiu subject to a total of not less than $750,000 for all damages to or destrucrion of properry during the policy period. 17. All insurance shali include the provision that it cannot be attered or canceled except upon 30 days written notice to the BOARD, and such insurance shall meet with the approval of the City Attomey of the City of Saint Paul. 18. Acceptable written proof of insurance shali be delivered to the BOARD 10 days in advance of the time contemplated for commencing any operation pursuant to this agreement and no operaUons shall be commenced, carried on, continued or permitted except after the BOARD has given PERMIT'TEE its written approval of said insurance, and said insurance so approved is in force and effect. 19. It is understood and agreed by the parties that this written agreement supersedes ali oral agreements and negotiations between the parties relating to the subject matters contained herein. 20. This agreement may be amended by further mutual written agreement of the parties. Any alterations, amendments, deletions or waivers of the provisions of this agreement shall be valid only when reduced to writing and duly executed by the parties. 21. The BOARD shall have the right to revoke this agreement upon breach by the PERMITTEE of any of the terms or conditions contained herein. 22. The term of the agreement shali be twenty (20) yeazs. 23. It is intended that the permission granted herein and the obligations set forth herein shall run with the property owned by BOARD and PERMITTEE, and shall be binding upon the PERMITTEE, its CONTRACTORs, heirs, successors or assigns and upon the BOARD, its successors or assLgns. N:\CLERICAL�BOARDW GREENRJIIPERMI7ISTPTUNNL.981 5 �l8-$ IN WITNESS WHEI2EOF, the parties hereto have caused this agreement to be executed in their behalf respectively as of the day and year first above written. APPROVED: � Director, Pubiic Works Department CITY OF SAINT PAUL, NIINNESOTA : Norm Coleman, Mayor, City of Saint Paul Approved as to form: By 1`4�A � . � S ;3J• 4g Assistan City A rney APPROVED: : Bemie R. Bullert, General Manager : Fredrick K. Owusu, City Clerk � Joseph M. Reid, Director Office of Financial Services BOARD OF WATER COMMISSIONERS : Michael 3. Harris, President Approved as to form: B "��-� 8•r� g8 B �� y y Assistant City Attorney William Tschida, As istant Secretary N:\CLERICAL�BOARDWGREEMN7IPERMI7�STPTUNNG981 I -- � . B]29i[V�ap 9-�-98 �SM4 y EST 3 0 -3 ° o� � 1 3 i T 1 � � m �m x � zx r�-�m i Z�y � � °_, z a m N y � V n y -i � < a �° z z� m x PRE I I�, RY D� `� �� (- r Final pia u ct to � approvai by Board's °° ° ° ° ° ��3 Y 3$ u � m�� 2� �g 'F '4 ;�_ � ��° �� Project Mana er �� 9 g � s � �_ = p s os� �u � � � x ° t� ��S '" � n� �3 � _'� m� m A � �� € ° � 3� � �� a� < � m �� iy r � q i } � g f � � � qg-��s �� Exhibit A � � � e 8'J]9ifpFtlq 8-�-99 IN�]3 P ESL 3 _� �3 � 3 � ��J 0 a m � 3� a ��m i 2al N g� i i a : N � 1 � � �I �� 1 I y��.�� '�y \ _,^ j � � �� ; �j� � �- O �� L� �� i i �^ �� I i�� I I D� I I D i� t �< I � O� � i L o� � I oZo . �. r , I � � � � � �, _I L � I I L / I I I l I I 'r �� ----- Y y l O` ,O *d � r� � 1 r�- - � ;i �a-�'i � � j 1� �� l� n --- �I ______________�'�— � __�r_�r__ �i ii '1S NOI�NIHSVM 1 I� � �� \ \ � � � \ ti \ � SEE SHEET 7 0 0 oa a Am� ��m �;� �� a A#F F '°p �� ^o �� u � k � '9 3 uFa 9=> �,y^ � �p� g a a � S � y � $€ �� g '3 4 �E ae ��^ � � 8' ;�e �z a :3 y 3 �a ^ n ;n $� � _ L$ N 3� g 5 "'� ' � �Y i $� a a � J , r' �