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85-1236 WMITE - CITV CLERK PINK - FINANCE I TY OF SA I NT PAU L Council p�_/�3� BLUERV - MAVORTMENT a File N 0. r r o cil Resolution , Presented By C Referred To Committee: Date Out of Committee By Date WHEREAS, the Saint Paul iverfront Commission and the Council of the City of Saint Paul have appro ed the construction of a timber mural to be installed on a wall at Lambert's L nding on the riverfront; and WHEREAS, the City must e ter into an agreement with the owner of the site in question, the Soo—Mil aukee Railroad, which outlines the conditions and responsibilities under w ich the mural will be installed and maintained; and WHEREAS, the agreement r quires that among other things, the City indemnify the railroad and its age ts against certain liabilities; and WHEREAS, Chapter 10 of t e City Charter requires that the City Council consider and approve any assumption of liabilities or granting of indemnification by the City; NOW, THEREFORE BE IT RES LVED, that the Council of the City of Saint Paul, approve the agreement be ween the City of Saint Paul and Milwaukee Road, Inc. for use of the railroad' property for installation of �he mural, dated August 22, 1985, includi g provisions of the agreement describing the City's responsibilities for ind mnification. COUNCILMEN Requested by ����nnaa rtment of: Yeas Drew Nays � �� Masar„ In Favor fuicosia � scr,e�h�� __ Against BY Sonnen TedesCo �r EP � L 1985 Form Approved by City Atto hey Adopted by Council: Date Certified Pas e ta BY t By, 6lpproved by lVlavor: te ` �� 2 �p rov by Mayor for Submi o to uncil B� PUBLIS�i�� �E_I' :.'� - 1�� BY , +`�,t, ,.� CiTY OF SAINT PAUL � ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT 0 4 �`► DIVISION OF DOWNTOWN DEVELOPMENT � � ��������j ; 25 West Fourth Street,Saint Paui,Minnesota 55102 ''i ^° 612-292-1577 ,..• GEORGE UTIMER �� /�3� MAYOR August 22, 1985 Mr, G. A. Nilsen� General anager Engineering Department Soo Line Railroad Company Soo Line Building ,Box 530 Minneapolis, MN 55440 . Re: REQUEST TO ATTACH TIM ER MURAL TO RAILROAD—OWNED RETAINING WALL; SHEPARD ROAD & SIBLEY STREET� SAINT PAUL, MN Dear Mr, Nilsen: Thank you very much for ta ing the initiative 'to prepare an agre�ent between the City of Saint Paul and the Milwaukee Road for permission ta attach a timber sculpture mural to a railr ad wall between J�c�kso�.�.and Sibley Streets at Lambert's Landing. • �. You will note that the agr ement has been signed by the appropriate offic�ials of the city. Because the greement includes an indemnification provision. it � requires approval by the City Council prior to execution. In the interest of '�' time. I have initiated pro edures to have the City Coun�il approve the agreement. . and will forward the Council resolution, to you when it is adopted. Until then, please have your people si n the agreement, pending City Couneil action. In reviewing the conditions of the agreement� I felt some clarifications were necessary to identify your intentions about them, After conferring with - . � _ . . Mr, Craig Pearson in your department, I drafted the attached Points of Clarification . � to s�everal items. The Points of Clarification are referred to in the text of . .. � . the ag'reement by asterisks I included, and reflect the City's interpretation of the, items in question. The City's agreement depends on a mutal understanding of these points as well. I appreciate your willingne s to act as an intermediary between the City and the Milwaukee Road. I 'm unsure about your future organization as �he Soo Line's takeover of the Milwaukee R ad evolves. Therefore, we are assuming that your willingness to participate at this point will carry over when fhe Soo Line �eventually takes title to t e wall in question. , ' I 'm pleased to be able to w rk with you and the Soo Line on this most important effort. I assure you that he final product will be one in which the city and the Soo—Milwaukee will ake great pride. Please let me know if there is anything I can do to expedite this process. As soon as the agreement is ex cuted, I will notify you when we wou7d 7ike to start. I am` looking forward to hea ing fror� you. $in re y , � ichard J, Wiederhorn Senior Planner cc: James Hart � e--�v��.a�vNV `v/�' f � Soo Line Raiiroad Comp ny s� ���e B���d��9 �!�=�-2.� � , , Box 530 � GAirneapolis, Minnesota 55440 August 8, 1985 �6�2)34�-82�� Engr. file • Milw. R ad ' ENGINEERING DEPARTMENT � Mr. R. J. Wiederhorn Senior Planner City of St. Paul Dept. of Planning an Economic Development • ' 25 West 4th Street St. Paul, MN 55102 Dear Mr. Wiederhorn: RE: REQUEST TO TTACH TIMBER MURAL TO - RAILROAD 0 ED RETAINING WALL. SHEPARD RO ST. PAUL, INNESOTA The Milwaukee Road, I c. a Minnesota Corporation hereinafter called "Railroad Company" will permit the City of St. Paul, Adinnesota hereinafter called "C' ty" to attach a 248' long by 18' high timber mural ' to the Railroad Compa y owned concrete retaining wa11, an� apply � — � backgro�c� paint to t e face of said wall, said wall being located along , � Shepard Road between ackson and Sibley streets in St. Paul, Minnesota � subject to the following conditions: ' 1. The location f the above retaining wall is shawn in red on the attached prin marked Exhibit "A". - ' 2. The design an method of attachment shall be in accordance with plan hereto a tached and marked Exhibit "B". 3. The City at i s sole cost, shall furnish all �xecessary materials, labor and sup rvision, and perform all work that may be required in connection with this project, including future maintenance and repair and re ewal of said mural. � � 4. The City will secure, at its cost, any permits or license : . required by S ate or Local Codes. . 5. As shown in E hibit "B", no part of the mural may be extended above the bot om of the concrete projection located near the top of th.e retain ng wall to which Railroad Company signal and - communication wires are presently attached. ,� � ��'.S'/�3� 6. During instal ation of the mural, the City shall, at it sole cost, provide temporary protection of Railroad Company signal and communication wires that are attached to said retaining wall. The method of protection is to be approved by the Railroad � Company' s Gen ral Manager - Engine�ring or his authorized �' representativ . 7. The City will keep the mural in a safe condition subject to paragraph 4�3 bove. # 8. If at any tim the Railroad Company desires to inspect or repair any portion o the retaining wall covered by said mural, the City ' upon request f the Railroad Company shall remove that portion of the mural nec ssary for the Railroad Company to complete its ' work. Remova and replacement �� th�e inural or any portion thereof shall be done by the City at its sole cost. � # 9. The Railroad ompany shall not be held responsible for any ' reason, direc ly or indirectly, for damage occurring to said . mural, regard ess of the Railroad Company's negligence. ,.�..._=.- ._--. � � �' 10. The City will fully indemnify the Railroad Company and its agents � the Soo Line orporation ahd its agents and the Soo Line Railroad � Company and i s agents against any and all loss, damage, • liability, cl ims, suits, judgments, costs and expense, in any manner arisin , (a) from injuries sustained by any of its � employees, ag nts or invitees, including death at any time � � � � � ' . • resulting the efrom, while engaged in or about any of the above ' � w � described act'vities or any operation necessary, incident or � appurtenant t ereto, whether liability for such injuries or death ' be imposed un er any so-called Worlanan� s Compensation Law, or State of Fede al Statute or the Common Law, and (b) from injury � to or death o any other person and damage to property whatsoever arising from, or growing out of, any act or omission of the City or any of its employees, agents and invitees in the exercise of � the permissio herein granted. . 11. Materials and quipment shall not be placed or stored where they • will interfere with railroad operations or on the property of the Railroad witho t prior permission from the Railroad Company. Such permissio will be with the understanding that the Railroad � # See attached points of clarification (2) . . . ��'�i�3� Company will not be liable for loss of or damage to such - materials an equipmen[ from any cause and that the Railroad may move, or req ire the City to move at its expense, such material and equipmen . , # 12. Any flagging protection or watchmen service required by the Rail- road Company for the safety of railroad operations because of work being p rformed by the City, or incidentals thereto, will be provided by he Railroad Company. The cost thereof shall be reimbursed b the City to the Railroad Company. # 13. Any cost inc rred by the Railroad for repairing damage to tracks, � including di turbance of their alignment and surface, interlocking or other facilities which it maintains, caused by or resulting fr m the operations of the City, shall be paid by the. City to the ailroad Company. 14. No work on t is project may begin until this agreement is fully executed and the City is advised accordingly. _�r _- 15. ....Th,e City sha 1 give the Railroad Company's General Manager - Engineering t least three days written notice prior to beginning � above work, nd again after above work has been completed. • 16. This agreeme t shall remain in effect until said mural is removed permanently rom said retaining wall. . 17. Upon permane t removal of the mural, the City, at its cost, shall fill all hol s in the retaining wall to the satisfaction of the Railroad Company, and remove all evidence of the mural and any paint or oth r substance placed on the wall. 18. Permission he ein granted is with the understanding that there will be no i erference with the operations of the Railroad - Company' s tra'ns or equipment and that no other work is to be ' . done other th n prescribed abovee � This letter, which is written in duplicate, shall constitute a contract � when the City and the Vice President - Operations of the Railroad have endorsed their accept nce� thereon. # See attached points of,clarification . (3) . . �- �3=�a�� If the above is acceptable to the City, please arrange for signature on both copies in the sp ce provided and return them to this office for further handling. We ill return one copy �of the agreement to the City after it has been fully executed. Very uly yours �� . .7 �� G. A. Nilsen General Manager - Engi eering � ' CEP/jel j` '.� / ` �:.. `� , ' � Accepted cTGO ZZ � }�JS�� Accepted 1985 .�,�-z=-- _—. , � CITY OF ST. PAUL • THE MILWAUKEE ROAD, INC. - By By C. C. Leary � � , r �" • Vice President - Operations � � i c o ., D r men o P1 anni ng � � � & cono ' Develop ent � • ' a�°-:�.,;,_�:: as ro fo�M � ' uw a'�MT,i�r- . `�Cc--�� c�'r'`��'�..�� . Di�rec�• r, Department f Finance & Management Services • . �: . . ;� , : •�:v' ��: _. ..___,_ �_____ ���-� °T����r�E» Ci,� � �>> t � , .l � (4) �� +`��,tr o, ' CITY OF SAINT PAUL 4 , DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � �„'�i'���' � DIVISION OF DOWNTOWN DEVELOPMENT s 25 West Fourth Sueei,Saint Paui,Minnesota 55102 � ^ 672-292-1577 ,... GEORGE UTIMER � ���� /��� MAYOR Points of Clarification to Agreement between the City of Saint Paui. Minnesota ("City") and the Milwaukee Road� Inc. ("Railroad Company") to attach a timber mural to a railroad compan -owned retaining wall in Saint Paul, t�linnesota, I�tem #8: The City expects that it will have an opportunity to review and discuss the reas ns and logistical arrangements for requests by the railroad com any to remove portions of the mural . Item #9: The City does no feel it should condone negligence on the part of the railroad com any. In agreeing that railroad operations are not to be affected b placement of the mural, (item #18), the city - shall not hold t e railroad company responsible for any damage resulting from n rmal railroad activity, including an occasional "accident" or fr actions beyond the control of the raiiroad company. It should not, however� apply to damage resulting from willful or negli ent actions by the railroa�l. � Item #10: The City understands that its responsibility to indemnify the railroad company and its agents from injury claims as described � - in ,�b.paragraph (a) of this paragraph applies .,only to railroad company and agent employees/agents/invitees called on by the railroad - � to perform special services re�uired to maintain the safe and continuous operation of the railroad as a result of installing • the mural. Speci ically, it would apply to the flagmen, watchmen, � . repairmen� referr d to in paragraphs 12 & 13 of the agreement, _ but not to railro d employees engaged in their normal responsibilities ' for the railroad ompany. ' Items #12 & 13: The City expects hat it will have the opportunity to review and discuss the reasons and a visability of dispatch of railroad personnel to � perform extraordi ary services resulting from operations of the city before agreeing t reimburse the railroad company for its costs - associated with p ovision of the extraordinary services. L.r I . 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Nilsen, General Manager Engineering Department Soo Line Railroad Co. Soo Line Bldg. Box 530 Minneapolis. Minnesota 5 440 Dear Mr. Nilsen: I 've received your Septem er 30, 1985 letter, in which you request that Saint Paul City Council Resolution #85-1236 be changed to reflect an August 8, 1985 date for the agreement be ween the City of Saint Paul and the Soo Line to place a timber mural on r ilroad property in Saint Paul . Throughout our exchange o correspondence over this issue, I have expressed our willingness to do what has to be done to secure this agreement, and have requested that the whole thing be done as expediously as possible. Because a City Council resolution can only be changed by the City Council, and because the railroad's latest requ st is a minor one that will take an extraordinary amount of time to be recon idered by the City Council, I would prefer to clarify for the record in this let er that the City Council 's resolution which .identifies an a reement dated Au ust 2, 1985 refers to the same a reement which the railroad considers to be dated Au u t , 19 5. When you drafted the agree ent and put the August 8 date on the draft, you asked the City to sign and date he City's acceptance of the draft. This was done on August 22, and the acce tance signatures reflect that date. The City Council, in approving that agreemen , considered the document to be agreed upon by the City on the 22nd. One could argue that there are actually 4 milestone dates of relevance to City acceptance of this do ument: 1 . August 8, the dat of the draft 2. August 22, the da e of City signature 3. September 12,' the date of required City Council approval of the agreement 4. The date the agre ment is signed by the railroad, therefore being executed and bind n on the City. . � �- �y-��3� ° October 10, 1985 �. G Nilsen, Genera Manager ge Whatever date you choose to be of significance to the railroad, the document in question is the same, and has been accepted by the City. I trust this clarifies the questions ou have about the dates of the agreement. Again, I am requesting t at you expedite the execution of the agreement. Our eagerness to begin t e project only increases as the weather gets colder. Thank you. Sincerely, . ichard J. Wiederhorn Senior Planner RJW:dms cc: Jim Hart, City Attor ey A1 Olson, City C7erk . � � ��-��3� - �Soo Line Railroad Co pany Soo Line Building , , Box 530 Minneapolis,Minnesota 55440 (612) 347-821� ENGINEERING DEPARTMENT September 30, 1985 Engr. File: Milw R ad Mr. R. J. Wiederhor Senior Planner City of St. Paul Dept. of Planning & Economic Development 25 West 4th Street St. Paul, MN 5510 Dear Mr. Wiederhorn: RE: REQUEST T ATTACH TIMBER MURAL TO RAILROAD WNED RETAINING WALL SHEPARD R AD ST. PAUL, MINNESOTA Reference is made t your letter d ated September 18, 1985 transmitting 2 copies of the propo ed agreement covering the above and a copy of City Resolution �685-1236. We are returning fo correction the resolution, which shows the date of the agreement to be August 22, 1985. As the actual agreement date is August 8, 1985, we equest that the last paragraph be corrected to show the August 8, 1985 ate. . After the corrected resolution is returned to this office, we will handle further for final e ecution of the agreement by the Railroad. Yo v ey truly, . A. Nilsen General Manager En ineering 1��' �6 CEP/dd j � Attachment PED - Ri~verfront Office DEPARTMENT �/"�`��3�0 1 04 . Rick. Wiederhorn CONTACT 7494 ext. 246 PHONE Au ust 22, 1985 DATE �e�� e� ASSI NUN�ER FOR ROUTING ORDER li All Locations for Si nature : Department Director Director of Management/Mayor Finance and Management Servi s Director � City Clerk � Budget Director 5 Citv Council City Attorney WHAT WILL BE ACHIEUED BY TAKING CTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This is a City Council Resoluti n authorizing the City's participation in an agreement with the Milwaukee Road railroa to install the�infamous timber mural on railroad `��l� property. It includes an indem�ification provision which must be approved by the Council under Chapter 10 of the City Char.ter. The project has been approved and funded by the Riverfront Commis ion and City Council. RECEIVED COST/BENEFIT, BUDGETARY AND PERS NEL IMPACTS ANTICIPATED: ������ A�� 2 3 19�5 �� Hopefully nothing extraordinar . The agreement does lay out city responsibilitiCe�i� A�ORNEY in the event�e,�unanticipated o curences which may require budgetary and personnel impacts. CC�`i�,;�� A U�� ` i985 �;'���r�':� �jr`�-��� FINANCING SOURCE AND BUDGET ACTI ITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction; quired if under $10,00Q) Funding Source: Activity Number: ATTACHMENTS List and Number All ttachments : 1 . Resolutionto be signed wher indicated. DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resolution Required? Resolution Required? �Yes No Yes No Insurance Required. Insurance Sufficient? �Yes No Yes No Insurance Attached: ' (SEE RE ERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN SHEET ' , The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if � required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first siqned by the outside agency before routing through City offices. . Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting - ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Manaqement/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments.