89-1494 WHITE - CiTV CLEAK I COUrtC1I //��
PINK - FINANCE GITY O�F SAINT PALTL �J
CANARV - DEPARTMENT File NO. �• �/
BLUE - MAVOR
� unci Resolution � ,
Pr � �
esented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, thet the Council of t Gity of Saint Peul daes hereby
approve the Agreement between t e Saa Line Railro�d Comp�ny
pertaining to the repeirs and rehabilit tion of ST_ CLAiR AVENUE BRIDGE
N0. 62505, City Project 8-11�6; a d the proper City officers �re
�uthorized �nd directed ta execute th Agreement on beh�lf of the City
of Saint Paul, � copy af said Agreem t to be m�int�ined an file in the
Office af the Department of Fin�nce � Management Services.
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COUNCIL MEMBERS i Requested by Department of:
Yeas Dimond Nays � PubliC WOY'ks AW/6-2-89
Lo� [n Favo �y
Goswitz �. e
Rettman (� �
Scheibel A gai in S t By
Sonnen Donald E. Nygaard, Di or
Wilson � ���+
AW 2 � �, Form prov by Ci A rney
Adopted by Council: Date `
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Certified Pass d ouncil S ret BY
By
�U z 3 '� App o d y Mayor for Submi ion ncil
t7►pprov b INavor: Dat -
By
PUBIlS�D S t P - 2 19_ 9
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REEMEN �
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THIS AGREEMENT, made d entered into this day of ,
1989, by and betwesn the CI OF SAINT PAUL, a municipal corporation
hereinafter referred to as "City , and the SOO LINE RAILROAD COMPANY,
hereinafter referred to as "Compa y";
WHEREAS, a portion of the xisting bridge that carries ST. CLAIR AVENUE
across the track of the Soo Lin� R ilroad Company was constructed by the Chicago,
Milwaukee and Saint Paul Railway Company in 1902 at the direction of the common
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Council of the City; and
WHEREAS, the Chicago, Mil aukee and Saint Paul Railway Company is now
known as the Soo Line Railroad C mpany; and
WHEREAS, the City and the ompany entered into an Agreement on October
18, 1960, which provided, among other things, for the City to modify the existing
bridge by extending it to span the Short Line Road, now known as Ayd Mill Road,
and for the maintenance of the stru ture; and �
WHEREAS, the said bridge, own as Minnesota Department of Transportation
Bridge No. 62505, is now in unsati factory condition, and in the interest of safety and
reduction of maintenance costs, it is desired to carry out rehabilitation work
consisting of replacing the span ver the track of the Company with new steel
stringers and a concrete deck; r modeling the original concrete abutments; and
removing the concrete deck, walks nd railings on the spans not over the Company's
track, and replacing it with a new d ck with low-slump concrete wearing course all in
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St. Clair Avenue Bridge No. 62505
substantiai accordance with the pi n attached hereto and made a part hereof and
marked Exhibit "A"; and
WHEREAS, the City and Co pany wish to cooperate for the rehabilitation work
on the said bridge, and this Agr ement recites mutually agreed upon terms and
conditions as hereinafter set out.
NOW, THEREFORE, in consi eration of the premises and the mutual dependent
promises of the parties hereto, it is greed as follows:
1. The City will at its own co make all engineering surveys, prepare the plans
and specifications for the reh ilitation, advertise and receive bids for the work,
award the contract for the r abilitation of said bridge and administrate and
inspect the construction co ract. Said plans and specifications shall be
submitted to the Chief En ineer of the Company, or his designated
representative, for review and pproval prior to receipt of bids for the work.
2. The contract costs coveri g the rehabilitation work on said bridge, together
with extra work orders or cha ges in the plans during the construction, will be
paid by the City. The Gom any will not be assessed for any expenses
associated with this project. �
3. The City agrees that in a y contracts which it shall let for the rehabilitation
as contemplated by this Agre ment, it shall require under the terms of said
contracts and specifications t at the Contractor will furnish separate railroad
protective liability insurancQ p licies to the Company, in accordance with the
provisions of "1708.2 Liability 1 surance", Minnesota Department of
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St. Clair Avenue Bridge No. 62505
Transportation's "Standard pecifications for Construction", 1988 Edition, with
the limits of said policy not I ss than Two Million Dollars ($2,000,000.00) for aIl
damages arising out of bod ly injuries to or death of any person or persons and
for all damages arising o of loss or destruction of or injury or damage to
property in any one occurr nce during the policy period with an aggregate limit
of Six Million Dollars ($6,00 ,000.00) for the term of the policy.
The terms of said co tracts and specifications shalt also include "1714
Responsibility for Damage Claims", Minnesota Department of Transportation's
"Standard Specifications f Construction", 1988 Edition, modified to the extent
that the Contractor shall p ovide the Company evidence of Public Liability and
Property Damage Insuran , in accordance with the following:
A. The insurance shall cover the Contractor's liability with respect to bodily
injury to or death of pe sons, and injury to or destruction of property, which
may be suffered by pe sons other than their own employees, as a result of
their operations in perf rming work covered by this contract.
B. Where a Contracto sublets a part of the work to a subcontractor, the
Contractor shall be req ired to secure insurance protection in his own behalf
under contractor's pu ic liability or property damage insurance policies to
cover any liability imp sed on him by law for damages because of bodily
injury to or death of rsons and injury to or destruction of property as a
result of work underta n by such subcontractors. In addition, the Contractor
shall provide for and o behalf of any such subcontractors protection to
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St. Clair Avenue Bridge No. 62505
cover like liability impos d upon the latter as a result of their operations by
means of separate and i dividual contractor's public liability and property
damage policies; or, in the alternative, each subcontractor shall provide
satisfactory insurance o his own behalf to cover his individual operations.
C. The insurance polici s prescribed above shall have a combined single
limit of not less than $1, 00,000 for all damages arising out of bodily injuries
to or death of one or m re persons and damages arising out of injury to or
destruction of property d ring the policy period.
D. The insurance cove ages as required shall be in full force and effect
before any work or oper tions are commenced, and shall be kept in full force
until all work to be pe ormed under the terms of the Contract has been
accepted by the City's oject Engineer.
The policy shall provid that in the event the insurance should be changed
or canceled, such chan e or cancellation shall not be effective until 15 days
after the Company has received notice of such change or cancellation from
the insurance compan The insurance coverage shall be executed by an
insurer qualified to writ such policies in the State of Minnesota.
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' St. Clair Avenue Bridge No. 62505
4. The City will requir� in any contract let covering the rehabilitation of said
bridge, as contemplated by t is Agreement that all work to be done by the
Contractor on the Compan 's right-of-way shall be performed in accordance
with the provisions of "170 RAILROAD-HIGHWAY PROVISIONS", Minnesota
Department of Transporta on's "Standard Specifications for Construction",
1988 Edition, except that th Contractor shall make his own arrangements and
secure all necessary permit to haul materials or equipment across the track of
the Company, over priva�e c ossings or for storage of materials or equipment on
property other than that not in Paragraph 7 of this Agreement.
5. The City will require in any Contract let covering the rehabilitation of said
bridge, as contemplated by is Agreement, that the Contractor shall arrange for
protective services and de ces and provide a special bond, in the amount of
$5,000.00 to the Compan in accordance with the provisions of "1708.3
Protective Services and D vices" and "1708.4 Special Bond.Requirements",
Minnesota Department o Transportation's "Standard Specifications for
Construction", 1988 Edition.
6. The City shall give the Chief Engineer of the Company or his designated
representative at least ten ( 0) days notice in writing of its intention to order the
Contractor to enter the pr mises and right-of-way of the Company for the
rehabilitation of Bridge No. 62505. Upon completion, the premises shall be
cleaned up in a condition s isfactory to the Chief Engineer of the Company.
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St. Clair Avenue Bridge No. 62505
7. The company hereby grant to the City, for access purposes, a temporary
easement, as shown colored re on attached Exhibit "B", 20 feet wide. Said
temporary access easement sh I commence on the date that the City shall give
the Chief Engineer of the Co any, or his designated representative, written
notice of its intention to ord r the Contractor to enter the premises and
right-of-way of the Company� or rehabilitation of Bridge No. 62505, and shall
remain in effect for a period f one year or upon completion of the Contract,
whichever occurs first. The id temporary access easement shall be granted
at no cost to the City.
8. The Company will permi the Contractor, for the rehabilitation of Bridge No.
62505 to cross the Compa y's tracks between the property lines of St. Clair
Avenue. The City will requi e, in any Contract let covering said work, that the
Contractor shall arrange f construction, maintenance and removal of plank
crossings at the Contrac or's expense as required and approved by the
Company. Such crossin shall be covered by a temporary private crossing
agreement between the C mpany and the Contractor which will provide that the
Contractor furnish the cr ssing planks and that installation is to be made by
Company forces, said cr ssing shall be protected by a flagman when in use.
The City will require the Contractor to furnish the Company with a deposit to
cover the estimated cost f flagging.
9. The use of the tem orary access easement and crossing of the Company's
track by the City's contr ctor shall be with the provision that no interference with
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train movements, the Co pany's operations or safety, existing permits or
leases, or raiiway facilities hall resuit from such use, and that a flagman will be
required at all times that an of the City's contractor's equipment is moving
within 25 feet from the cent rline of the Company's track.
10. The Company will ake temporary alterations of the Company's
communication and signal acilities to protect them from damage during the
rehabifitation work. Upon mpletion of the Contractor's work, the Company
will make permanent readj stments of the said facilities. The company will
begin the temporary altera ions of said communication and signal facilities
within two weeks after bein notified by the City to proceed with ordering of
materials, and will complet all work within three weeks of receipt of said
notice.
11. Costs of the temporary alteration of the Company's communication and
signal wires and the reinstaf ation of the same to their permanent locations all
to be know as the Comp ny's "Work", will be computed as outlined in
Federal-Aid Highway Prog am Manual, Volume 1, Chapter 4, Section 3,
Paragraphs 4, 5, 6,7,8 and 9
Company bills for the Com any's Work will be submitted to the City in the
manner prescribed in FHPM Vol. 1, Chapter 4, Section 3, Paragraph 12, and
within 90 days after the ity accepts the completed work of the City's
Contractor. All Company co t records and accounts relating to the Company's
work will be available for ins ection by the representatives of the City in
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accordance with FHPM, oi. 1, Chapter 4, Section 3, Paragraph 12C. The
estimated cost of the C mpany's Work is $�9,032.00, and is shown on
attached Exhibit "C".
The City wili reimburse t e Company for the cost of the Company's Work
within 30 days after receip and approval of said bills.
12. The conditions of the existing Agreement, dated October 18, 1960, in
regard to the St. Clair Ave. Bridge over the tracks of the Company, will remain
in effect, and will not be alt red by this Agreement.
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� �_ St. Ciair Avenue Bridge No. 62505
IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be
executed by their proper officers t ereunto duly authorized the day and year first
above written.
Approved as to form: CITY OF SAINT PAUL
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Assistant City Attorney Mayor
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Director, Department blic W rks � e ment of Finance
% ��r Management�Services
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� �1PPROVED
�, G, A. Nilsen,
Vice President Engineering Services
, , Chief Engineer-Plannin Soo Line Railroad Company
A;'PA��.iD � ,,'//'
�oa a;ECUrior "
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. � S.00 Line Railroad Company Soo Line Building
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Minneapolis,Minnesota 55440
(612)347-8210
May 26, 1989
ENGINEERING DEPARTMENT
Engr. File: M`w 8402 St. Paul N
Project File
St. Clair Ave. OH Hwy. Bridge
Mr. Arthur Werthauser, Bridge ngineer
City of St. paul
Department of Public Works
600 City Hall Annex
St. Paul, MN 55102
Dear Mr. Werthauser:
RE: ST. CLAIR AVENLtE B&IUGE No. 62505
_ OVER S00 LINE RAILROAD AYD MILL ROAD
ST. PAUL, MINNESOT�.
As discussed with Tracy Mc�e ye terday, following are the cost estimates for
temporarily relocating our S' nal and Communication lines and replacing
them when the project is compl te.
Signal lines relocation and replacement $6,653
Communication lines rel cation and replacement $12,379 �"i�'J
As stated, these are merely stimates and reimbursement to the Railroad
Company will be on an actual c st basis.
As mentioned in my May 1, 1 89 letter, we desire to have an agreement
between the City and Soo Line ilroad Company to cover this project. This
was also mentioned to Mr. Moe who agreed to prepare an agreement for this
project.
If you have any further concer s please give me a call at 347-8221.
Yours very truly,
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L. G. Sultze
Public Contact Engineer '
LGS/asm '
"EXHIBIT C"