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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. � i i i 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 ` �� ��. 3 ^� 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 . . ��_,��� . ��y C�� � REEMEN � � `;�Za�� .�,.,� ,�����' 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 , 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 � . .r. � ���—���� 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 2 - . - . _ ��-���� 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 3 � � � . (��-i��'� 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. 4 - . . _ �� ,��� ' 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. 5 - ... . ��y����� 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 6 �������� , St. Ciair Avenue Bridge No. 62505 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 7 . �: ��_���� � � � St. Clair Avenue Bridge No. 62505 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. 8 � . . ���'-���� � �_ 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 � Y C Assistant City Attorney Mayor �� /'�������` fi �A�. ' �. Director, Department blic W rks � e ment of Finance % ��r Management�Services , � �1PPROVED �, G, A. Nilsen, Vice President Engineering Services , , Chief Engineer-Plannin Soo Line Railroad Company A;'PA��.iD � ,,'//' �oa a;ECUrior " o� 9 . �� P!�t Y�,-. .�. k �, % . � S.00 Line Railroad Company Soo Line Building - / / �X�o ������ 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, � � L. G. Sultze Public Contact Engineer ' LGS/asm ' "EXHIBIT C"