276991 WNITE - CITY CLERK � �r��J�
PINK - FINANCE COUIfC1I �� ��
CANARY - DEPARTMENT G I T Y O F S A I N T �A LT L
BLUE - MAYOR File N O.
Coun�ci eso tion �
Presented By • ��
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul does hereby approve the
Agreements between the City and the Burlington Northern Inc. ; the City and the
Chicago Northwestern Transportation Company; and the City and Richard B. Ogilvie,
as Trustee of the Property of the Chicago, Milwaukee, Saint Paul and Pacific
Railroad Company, pertaining to the improvement at the RESERVE ST. EASTBOUND
BRIDGE N0. 5950, City Project B-1048; and the proper City officers are authorized
and directed to execute the Agreements on behalf of the City of Saint Paul, a
copy of said Agreements to be maintained on file in the Office of the Department
of Finance and Management Services.
COUfVCILMEN
Yeas Nays Requestgd by Department of:
Hunt ,� Public r s
Levine In Favor
#addcf�' O
McMahon �
ef _ Against BY —
T�� Donald Nygaard, Direct r (REG)
wlson
Adopted by Council: Date
�UN 1 � �qA� Form Approved by ty or ey
Certified Pass Council Secretary BY
By • �
`' 1981
2 App v y ayo or b �s o to Council
Approv b : vor: Date �
By _ BY
�
�LkSHE[3 �U+v � 0 iQRI
OM 01: 12/19?5 .
� Rt�'v. : 9/.8/?6
' EXPL;ANATTON OF 1kDMSNIS�RATIVE ORDERS, ����� �\�
• R��OLUTIONS, AND 'Ok�I)�1��i��ES �
Date: �y 26, �4s� R�CEIVED
��N 3 - 1961
. TO: NIAYOR GEORGE LATIMER �A�tORS OFFtCE
�R� Ray E. Grieder, Department of Public Works
�: RESERVE ST. EASTBOUND BRIDG� N0. 5950
� over Childs Road and fhe tracks of Surlington Northern Inc., Chicago Northwestern
Transportation Company and ChicagQ, Milwaukee, St. Pau1 and Pacific Railroad Company.
City Pro3ect 8-1048.
ACTION RE4UESTE'D: � -
Process Resolution.
PURPOSE �ND RATIONALE FOR THIS ACTION: �
Agreements between the City and the various .companies owning properties, .
crossed by the Reserve Street Bridge, are aecessary prior to.entering their
right-of-ways for work of replaci.ng the bridge deck and carrying out other repaira.
FINANCIAL IMPACT: . :
No expenditure of funds are involved. �
ATTACHMENTS: -
Resolution. . � .
: One copy each of 3 Agreements.
REG/mp
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� Reserve St. Br. 5950 - CNW
AGREENIENT
THIS AGRE�MENT, made and entered into this day of ,
19 , by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter
referred to as "City", and ttie CHICAGO ANll NORTFIWESTLRN TKANSPORTATION COMPANY,
tiereinafter referred to as "Company";
WHEREAS, the City; the Chicago, Burlington and Quincy Railroad Company;
the Chicago, Milwaukee, Saint Paul and Pacific Railroad Company; the Chicago,
Great Western Railway Company and the State of Minnesota entered into a�
Agreement on March 3, 1941, for the construction of a bridge to carry pclrtions
of relocated Reserve Street over the tracks and property of said compani�es;
said Agreement included among other things, the division of costs for the
project; the division of maintenance responsibilities for the finished project;
the provisions that the City would take necessary steps to discontinue and
vacate the existing traveled highway grade crossing on the approximate line
of Reserve Street; and the said companies granted easements to the City which
permit the right to construct, use and maintain said bridge across their
right-of-ways; and
WHEREAS, the Chicago, Great Western Railway Company has merged with other
Railway Companies, and is now known as Chicago and Northwestern Transportation
Company, and
WHEREAS, the bridge, constructed under said Agreement which separates the
grades of Reserve Street, now Eastbound Warner Road, and the tracks of said
companies, commonly known as Reserve Street Bridge and Minnesota Highway Depar'tment
Bridge No. 5950, is in unsatisfactory condition and in the interest of safety,
it is necessary that repairs to said bridge be carried out; and
� • lteserve Sl.' �r. �)50 - CNW - •
WHEREAS, Repairs to Bridge No. 5950 shall consist of removing the existing
concrete deck, including sidewalk and railings; repairing deteriorated concrete
piers; replacing defective bearings where necessary, and constructing a new concrete
deck with one sidewalk and railings meeting modern design standards, all in sub-
stantial accordance with the plan attached hereto and made a part hereof and
marked Exhibit "A"; and
WHEREAS, The City and Company wish to cooperate for the repairs of the said
bridge and this agreement recites mutually agreed upon terms and conditions as
hereinafter set out. '�
�'�
�I
NOW, THEREFORE, in consideration of the premises and the mutual ��pendent
,
�I
promises of the parties hereto, it is agreed as follows:
1. The City will at its own cost make all engineering surveys, prepare
the plans and specifications for the repairs, advertise and receive bids for
the work, award the contract for the repairs of said bridge and administrate
and inspect the construction contract for the bridge. Said plans and
specifications shall be submitted to the Chief Engineer of the Company, or his
designated representative, for review and approval prior to receipt of bids for
the work.
2. The contract costs covering the work of the repairs on said bridge,
together with extra work orders or changes in the plans during the construction,
will be paid by the City.
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R
. • lteserve SL. �l3r. S`)50 - CNW � •
3. The City agrees that in any contract let covering the repairs of said
bridge as contemplated by this agreement, it shall require under the terms of
said contract and specifications that the Contractor will furnish a separate
Railroad Protective Liability Insurance Policy to the Company in accordance with
the provisions of "1708.2 Liability Insurance", Minnesota Department of
Transportation's "Standard Specification for Highway Construction", dated 1978,
as amended, with the limits of said policy not less than �ao Million Dollars
($2,000,000.00) for all damages arising out of bodily injuries to or death of
any person or persons and for all damages arising out of loss or destruEtion of
;`�
or injury or damage to property in any one occurrence during the policy��iperiod,
�
; 'i
with an aggregate limit of Six Million Dollars ($6,000,000.00) for the term of
the policy.
The terms of said contracts and specifications shall also include "1.714
Responsibility for Damage Claims", Minnesota Department of Transportation,
"Standard Specifications for Highway Construction", dated 1978, modified to the
extent that the Contractor shall provide the Company evidence of Public Liability
and Property Damage Insurance, in accordance with the following:
A. The insurance shall cover the Contractor's liability with respect to
bodily injury to or death of persons, and injury to or destruction of pro-
perty, which may be suffered by persons other than their own employees,
as a result of their operation in performing work covered by this Contract.
B. Where� a Contractor sublets a part of the work on any project to a
subcontractor, the Contractor shall be required to secure insurance
protection in his own behalf under contractor's public liability and
property damage insurance policies to cover any liability imposed on him
by law for damages because of bodily injury to or death t�f persons and
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. - ' • •
Reserve St. Br. 5950 - CNW
injury to or destruction of property as a result of work undertaken by
such subcontractors. In addition, the Contractor shall provide for and on
behalf of any such subcontractors protection to cover like liability imposed
upon the latter as a result of their operations by means of separate and
individual contractor's public liability and property damage policies; or,
in the alternative, each subcontractor shall provide satisfactory insurance
on his own behalf to cover his individual operations.
C. The limits of liability for the insurance policies prescribed above shall
�
be not less than $500,000 for all damages arising out of bodily i�}juries
i
to or death of one person and subject to that limit for each perso�, a total
amount of $1,000,000 for all damages arising out of bodily injuries to or
death of two or more persons in any one accident, and not less than
$500,000 for all damages arising out of injury to or destruction of property
in any, one accident and, subject to that limit per accident, at total (or
aggregate) limit of $1,000,000 for all damages arising out of injury to
or destruction of property during the policy period.
D. The insurance coverages as required shall be in full force and effect
before any work or operations are commenced on railroad property and shall
be kept in full force until all work to be performed under the terms of the
Contract has been accepted by the Engineer.
The policy shall provide that in the event the insurance should be
changed or cancelled, such change or cancellation shall not be effective
until 15 days after the Company has received notice of such change or cancellation
from the insurance company. The insurance coverage shall be executed by an
insurer qualified to write such policies in the State of Minnesota.
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Reserve St. Br. 5950 - CNW
4. The City will require in any contract let covering the repairs of said
bridge, as contemplated by this agreement, that all work to be done by the
Contractor on the Company_'s right-of-way shall be performed in accordance with
the provisions of "1708 RAILROAD-HIGHWAY PROVISIONS", Minnesota Department of
Transportation's "Standard Specifications for Highway Construction", dated 1978,
as amended, except that the Contractor shall make his own arrangements and secure
all necessary permits to haul materials or equipment across the tracks of the
Company, over private crossings or for storage of materials or equipment on
,
property other than that noted in Paragraph 8 of �this agreement. ��I�
�
S. The City will require in any contract let covering the repai�� of said
permanent steel and concrete bridge, as contemplated by this agreement, that
the Contractor shall arrange for protective services and devices and provide a
special bond, in the amount of $ 5,000.00 to the Company in accordance
with the provisions of "1708.3 Protective Services and Devices" and "1708.4
Special Bond Requirements", Minnesota Department of Transportation's
"Standard Specifications for Highway Construction", dated 1978.
6. The City shall give the Chief Engineer of the Company or his designated
representative at least ten (10) days' notice in writing of its intention to order
the Contractor to enter the premises and right-of-way of the Company for the
repairs of Bridge No. 5950. Upon completion, the premises shall be cleaned up
in a condition satisfactory to the Chief Engineer of the Company.
-S-
� Reserve 5t. Br. �5y5U - CNW '
7. The Company will grant to the City, for construction purposes, a
temporary easement, as shown colored yellow on attached Exhibit "B", 20 feet
wide, parallel to and adjacent to the southeast side of easements �ranted by
Agreement dated March 3, 1941. Said temporary construction easement shall commence
on tt�e date that the City shall give the Chief Engineer of the Company, or his
designated representative, written notice of its intention to order the Contractor
to enter the premises and right-of-way of the Company for repairs of Bridge No. 5950,
and shall remain in effect for a period of two years or upon completion of the
Contract, whichever occurs first. The said temporary construction eas�ment shall
!I
��
be granted at no cost to the City. ; %
i
8. The Company will permit the Contractor, for the repair of Bridge No. 5950,
to have aceess to Piers Nos. 7, 8 and 9 via the temporary easements and to cross
the Company's tracks. The City will require, in any contract let covering said
repairs, that the Contractor shall arrange for construction of plank crossings
on the access route at the Contractor's expense, as required and approved by the
Company. Such crossing shall be covered by a temporary private crossing agreement
between the Company and the Contractor which will provide that the Contractor
furnish the crossing planks and that installation is to be made by Company forces.
The granting of the temporary crossing permit and agreement shall be at no cost
to the City or the Contractor, except as noted for construction of the crossing.
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� • ' Reserve Sf. Br.+ 5950 - CNW � �
9. The Company agrees that the minimum vertical clearances over the
track adjacent to and south of Pier No. 7 can be temporarily reduced to 20
feet, if approved by ttie Minnesota Department of Transportation. Said reduced
vertical clearance will be allowed only during that period when falsework is
required for support of the bridge while Pier No. 7 is repaired, and will
only be permitted for a maximum period of 3 weeks.
10. The conditions of the existing Agreement, dated March 3, 1941, in
regard to Reserve Street Bridge No. 5950, will remain in effect, and will not
be altered by this agreement. �'
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1
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` � Reserve St. �r. 595U - CNW
IN WITNESS 6�H�RFOF, The parties hereto have caused this agreement to be
executed by their proper officers thereunto duly authorized the day and year
first above written.
Approved as to form: CITY OF SAINT PAUL
Assistant City Attorney �Y or
,
,
!''i
i�,
Director, Department of Public Works Director, Department of Finan��
and Management Services
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 19 , by Mayor,
of the City of Saint Paul, a municipal corporation, on behalf of said City.
Notary Public, County,Minn.
My commission expires
STATE OF MINNESOTA)
) ss.
)
COUNTY OF RAMSEY j
The foregoing instrument was acknowledged before me this day of
, 19 , by , Director of
Finance and Management Services of the CITY OF. SAINT PAUL, a municipal corporation
of the State of Minnesota, on behalf of said City of Saint Paul.
Notary Public, County, Minn.
My commission expires
-8-
� � � �
' ' � Reserve Br. No. 5950 - CNW � �
In Presence of: CHICAGO AND NORTHWESTERN TRANSPORTATION C0.
by
Attest:
STATE OF MINNESQTA )
) ss.
COUNTY OF RAMSEY )
On this day of ,
19 , before me, a notary public within and for said County,
personally appeared and �
to me ersonall known who bein each b me dul sworn did sa that �Ihe are
P Y > > g Y Y Y ;'� Y
respectively the and the ' �
of Chicago and Northwestern Transportation Company named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate seal of said corporation,
by authority of its Board of and said
and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public, Co. ,
My commission expires
-9-
_ . _ _
I •
K�•�:��i�v� .�t . I���.. N��. ,����1� I'.N.
. ,
AG 1�I:I.,.,l.;h���
'I'lI15 �(,I;Gi�'."•1L•:N'I', m��cl�� ancl entered inlo this da of ----- ----'
__------- y ----
19 ___, hy an�l 1>etween tlie (:1TY OF S�1INT P�'1UL, a muni cipal corporation,
hereinafter ref�rred to as "City", and tl�e BUKLING'1'ON NUR1'HGRN T_NC. , a llelaware
Curporation, I�ereinaf.ter reLerrecl to as "Company";
l•:tiEREAS, tlie City; the Chicago, Burlington and Quincy Railroad Company;
the Cllicago, �iilwaukee, Saint Paul and Pacific Railroad Company; tlie Chicago,
C�reat Western Itailw�.�y Company and the State of Tliunesota entered into an
�lgreement on Marct� 3, 1941, £or the construction of a brid�e to carry portions
of relocated lteserv� Street over the tracks and property of said companies;
said A�reement included among other things, the division of costs for the
}�re>ject; the di.vision oY maintenance responsibilities [or the finishecl project;
the provisions that the City would take r.ecessary steps to discontinue and vacate
ttie existitlg traveled l�ighway grade crossing ou the approximate line of
Izeservc Street; and ti�e said ci>mpanies granted easements to tlie C:ity which permit
the rigiit to cunstruct, use ancl maintain said bridge acros;; their riglit-of-ways;
and
iJlil:hEAS, the Chicago, Burlington and Quincy Railroad Company has mergecl with
other I:ailway Companies, and is now known as Burlington Northern Inc. ,
tl�e Ct�icago Nortl�western 'i'ransportation Company is successor to the Chicago,
Crcrit ,:��stc�rn Rrii]w.�y Cc�ml�any, cincl IZicharct �3. Ogilvie is 'I'rustce of thc Ch:icago,
Milwaukee, Saint Paul and Pacific Railroad Company, and
[•:iILKEAS, ttie bridge, constructed under saicl �1�;reement which separates the
grades of iteserve Street, now Eastbound tJarner Road, and the tracks of said
companies, commonly known as Reserve Street Brid�,e and Tlinnesota Highway Department
Bridge No. 5950, is in unsatisfactory condition and in the interest of safety it
is nec�ssary� tl�at repairs to said bridge be carried out, and
�• • 4 • ►• �
Reserve St. Br. 5950-BN
WHEREAS, repairs to Bridge No. 5950 shall consist of removing the existing
concrete deck, including sidewalk and railings, repairing deteriorated concrete
piers, replacing defective bearings where necessary and constructing a new
concrete deck with one sidewalk and railings meeting modern design standards,
all in substantial accordance with the plan attached hereto and made a part hereof
and marked Exhibit "A"; and
WHEREAS, the City and Company wish to cooperate for the repairs of the said
bridge and this agreement recites mutually agreed upon terms and conditions as
hereinafter set out. �
,`�;
NOW, THEREFORE, in consideration of the premises and the mutual d�pendent
promises of the parties hereto, it is agreed as follows: '�
1. The City will at its own cost make all engineering surveys, prepare the plans
and specifications for the repairs, advertise and receive bids for the work, award
the contract for the repairs of said bridge and administratetand inspect the
construction contract for the bridge. Said plans and specifications shall be
submitted to the Assistant Vice President of Engineering of the Compan�, or his
designated representative, for review and approval prior to receipt of bids for
the work.
2. The contract costs covering the work of the repairs on said bridge, together
with extra work orders or changes in the plans during the construction, will be
paid by the City.
3. The City agrees that in any contract let covering the repairs of said bridge
as contemplated by this agreement, it shall require under the terms of said
contract and specifications that the Contractor will furnish a separate Railroad
Protective Liability Insurance Policy to the Company in accordance with the provisions
of "1708.2 Liability Insurance", Minnesota Department of Transportation's
"Standard Specifications for Highway Construction", dated 1978, as amended
with the limits of said policy not less than Two Million Dollars ($2,000,000.00)
for all damages arising out of bodily injuries to or death or any person or persons
-2-
.� • � . . .
Reserve St. Br. 5950-BN
and for all damages arising out of loss or destruction of or injury or damage to
property in any one occurrence during the policy period, with an aggregate limit
of Six Million Dollars ($6,000,000.00) for the term of the policy.
The terms of said contracts and specifications shall also include "1714 Responsibility
for Damage Claims", Minnesota Department of Transportation's "Standard
Specifications for Highway Construction", dated 1978, modified to the extent that the
Contractor sha11 provide the Company evidence of Public Liability and Property Damage
Insurance, in accordance with the following: ��.
j�II
A. The insurance shall cover the Contractor's liability with resp�ct
�I
to bodily injury to or death of persons, and injury to or destruction
of property, which may be suffered_ by persons other than their own employees,
as a result of their operations in performing work covered by this
Contract.
B. Where a Contractor sublets a part of the work on any project to a
subcontractor, the Contractor shall be required to secure insurance pro-
tection in his own behalf under contractor's public liability and
property damage insurance policies to cover any liability imposed on him
by law for damages because of bodily injury to or death of persons and
injury to or destruction of property as a result of work undertaken by such
subcontractors. In addition, the Contractor shall provide for and on behalf
of any such subcontractors protection to cover like liability imposed upon
the latter as a result of their operations by means of separate and individual
contractor's public liability and property damage policies; or, in the
alternative, each subcontractor shall provide satisfactory insurance on
his own behalf to cover his individual operations.
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,' : ., , ., ..
Reserve St. Br. 5950-13N
C. The limits of liability for the insurance policies prescribed above
shall be not less than $500,000 for all damages arising out of bodily
injuries to or death of one person and subject to that limit for each
person, a total amount of $1,000,000 for all damages arising out of bodily
injuries to or death of two or more persons in any one accident, and not
less than $500,000 for all damages arising out of injury to or destruction
of property in any one accident and, subject to that limit per accident,
at total (or aggregate) limit of $1,000,000 for all damages arising out of
injury to or destruction of property during the policy period. �'�
i
��,
D. The insurance coverages as required shall be in full force a�d effect
�
before any work or operations are commenced on railroad property and shall
be kept in full force until all work to be performed under the terms of the
contract tias been accepted by the Engineer.
The policy shall provide that in the event the insurance should be
changed or cancelled, such change or cancellation shall not be effective
until 15 days after the Company has received notice of such change or
cancellation from the insurance company. The insurance coverage shall be
executed by an insurer qualified to write such policies in the State of
Minnesota.
4. The City will require in any contract let covering the repairs of said bridge,
as cantemplated by this agreement, that all work to be done by the Contractor
on the Company's right-of-way shall be performed in accordance with the
provisions of "1708 RAILROAD-HIGHWAY PROVISIONS", Minnesota Department of
Transportation's "Standard Specifications for Highway Construction", dated 1978,
as amended, except that the Contractor shall make his own arrangements and
secure all necessary permits to haul materials or equipment across the tracks
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.� ' , � •• ••
Reserve St. Br. 5950-13N
of the Company, over private crossings or for storage of materials or equipment
on property other than that noted in Paragraph 8 of this agreement.
5. The City will require any contract let covering the repairs of said permanent
steel and concrete bridge, as contemplated by this agreement, that the Contractor
shall arrange for protective services and devices and provide a special bond,
in the amount of $ 5,000.00 to the Company in accordance with the provisions
of "1708.3 Protective Services and Devices" and "1708.4 Special Bond Requirements"
Minnesota Department of Transportation's "Standard Specifications for Highway
�
Construction", dated 1978. ;��
6. The City shall give the Assistant Vice President of Engineering of ',the
Company or his designated representative at least ten (10) days' notice in writing
of its intention to order the Contractor to enter the premises and right-of-way
of the Company for tlie repairs of Bridge No. 5950. Upon completion, the premises
shall be cleaned up in a condition satisfactory to the Assistant Vice President
of Engineering of the Company.
7. The Company will grant to the City, for construction purposes, a temporary
easement, as shown colored yellow on attached Exhibit "B", 20 feet wide,
parallel to and adjacent to the southeast side of easements granted by agreement,
dated March 3, 1941. Said temporary construction easement shall commence on the
date that the City shall give the Assistant Vice President of Engineering of
the Company, or his designated representative, written notice of its intention
to order the Contractor to enter the premises and right-of-way of the Company
for repairs of Bridge No. 5950, and shall remain in effect for a period of two
years, or upon completion of the Contract, whichever occurs first. The said
temporary construction easement shall be granted at no cost to the City.
-5-
' Reserve St. Br. 5950-13N � ��
8. The Company will permit the Contractor, for the repair of Bridge No. 5950,
to liave access to Piers Nos. 7, 8 and 9 via the temporary easements and to
cross the Company's tracks. The City will require, in any contract let covering
said repairs, that the Contractor shall arrange for construction of plank crossings
on the access route at the Contractor's expense as required and appxoved by the
Company. Such crossing shall be covered by a temporary private crossing agreement
between the Company and the Contractor which will provide that the Contractor
furnish the crossing planks and that installation is to be made by Company forces.
The granting of the temporary crossing permits and agreement shall be a� no cost '
to the City or the Contractor, except as noted for construction of the ��}rossing.
9. The Company agrees that the minimum vertical clearances over tracks Tlos. 96
and 15 can be temporarily reduced to 20 feet, if approved by the Minnesota Department
of Transportation. Said reduced vertical clearances will be allowed only during
that period when falsework is required for support of the bridge while Pier No. 9
is repaired, and will only be permitted for a maximum period of 3 weeks.
10. The Company will allow the Contractor, for the repairs of the bridge, access
to the temporary easements over that Company property which is north and east of
the tracks and between the temporary construction easement and the Fish Hatchery
Road, as long as such access use does not interfere with the Company's operations
or safety.
11. The Company will not store train cars on their tracks which would prevent
access to Piers Nos. 8 and 9 via the temporary easements during the Contractor's
normal working liours, wiien repairs are being made to those piers or bridge spans
supported by those piers.
12. The conditions of the existing Agreement, dated March 3, 1941, in regard
to Reserve Street Bridge No. 5950, will remain in effect and will not be altered
by this agreement.
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-� � � lleserve SL.�- lir. �K)5U-liN - .'
IN WI'1'NESS WHLIZLOP', '.Che Parties hereto have causecl this agreement to be execated
by their proper officers thereunto duly authorized the day and year first above
written.
Approved as to form: CITY OF SAINT PAUL
Assistant City Attorney Piayor
Director, Department of Public Works Director, Department of rinance
and Management Services
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY ) ,
The foregoing instrument was acknowledged before me this day o�
�,
, 19 , by � I Mayor
� i
of the City of Saint Paul, a municipal corporation, on behalf of said City.
Notary Public, County,Minn.
My commission expires
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 19 , by , Director of Finance
and Tlanagement Services of the CITY OF SAINT PAUL, a municipal corporation of
the State of Minnesota, on behalf of said City of Saint Paul.
Notary Public, County, Minn.
, My commission expires
-7-
;� „ K�scrvc Sl:.,� Itr. �2�).'�O-ISN �, • ..
In Presence of Burlington Northern Inc.
by•
Attest:
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a notary public
within and for said County, '�,
i'�
personally appeared and _ �� �
to me personally known, who, being each by me duly sworn did say that they
are respectively the and the
of Burlington Northern Inc. named in the foregoing instrument, and that the
seal affixed to said instrument is the corporate seal of said corporation,
by authority of its Board of and said
and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public, Co. ,
My commission expires
-8- '
v.
THIS AGKEEMEN'T, made and entered into this day of ,
19 , by and between tl�e CI'1'Y Ol� SAIN'1' Pt1UL, a munictpal. corporat:io�i
hereinafter referred to as "City", and Richard B. Ogilvie, as Trustee of the
Property of the CHICAGO, MILWAUKEE, SAINT PAUL AND PACIFIC itAILROAD COMPANY,
Debtor, hereinafter referred to as "Company";
WHEREAS, th� City; the Chicago, Burlington and Quincy Railroad Company;
the Chicago, rlilwaukee, Saint Paul and Pacific Railroad Company; the Chicago,
Great Western Railway Company and the State of Tlinnesota entered into an
Agreement on March 3, 1941, for the construction of a bridge to carry pprtions
of relocated Reserve Street over the tracks and property of said Companies;
said Agreement included among other things, the division of costs for the
project; the division of maintenance responsibilities for tlle finished project;
the provisions that the City would take necessary steps to discontinue and
vacate the existing traveled highway grade crossing on the approximate line
of Reserve Street; and the said Companies granted easements to the City which
permit the right to construct, use and maintain said bridge across their
right-of-ways; and
WHEKEAS, the bridge, constructed under said tlgreement which separates
the grades of Reserve Street, now Eastbound Warner Road, and the tracks of
said companies, commonly known as Reserve Street Bridge and Minnesota Highway
Department Bridge No. 5950, is in unsatisfactory condition, and in the interest
of safety, it is necessary that repairs to said bridge be carried out, and
itescrve St. Br. 5�35U-(;.t°1.S�.P. t� 1'.kk.
C. The limits ot liability for the insurance policies prescribed above shall
be not less than $500,000 for all d<images arising out of bodily injuries
to or de�.ith o£ one person and subject to that limit for each person, a
total amount of $1,000,000 for all damages arising out of bodily injuries to
or death of two or more persons in any one accident, and not less than
$500,OOU for all damages arising out of injury to or destruction of property
in any one accident and, subject to that limit per accident, a total (or
aggregate) limit of $1,000,000 for all damages arising out of injury to or
destruction of property during the policy period.
D. The insurance coverages as required shall be in full force and effect
before any work or operations are commenced on railroad property and shall
be kept in full force until all work to be performed under the terms of the
Contract has been accepted by the City`s Project Engineer.
The policy shall provide that in the event the insurance should be changed
or cancelled, sucli change or cancellation stiall not be effective until 15
days after the Company has received notice of such change or cancellation
from the insurance company. The insurance coverage shall be executed by an
insurer qualified to write such policies in the State of Minnesota.
4. The City will require in any contract let covering the repairs of said
bridge, as contemplated by this agreement, that all work to be done by the
Contractor on the Company's right-of-way shall be performed in accordance with
the provisions of "1708 RAILKOAD-HIGHWAY PROVISIUNS", Minnesota Department of
Transportation's "Standard Specifications for High�vay Construction", dated 1978,
as amended, except that the Contractor shall make his own arrangements and
secure all necessary permits to haul materials or equipment across the tracks
of the Company, over private crossings or for storage of materials or equipment
on property other than that noted in Paragraph 8 of this agreement.
-4-
K��:;��f�v�� 5t.. l;i . �`1'�I)-(:.hl.:;l . l'.�, I'. Illl.
� � ,• , -
S. The City will require in any coutract l.et covering tlie repairs of said
permanent steel and concrete Uridge, as contemplated by this agreement, that
the Contractor shall arrange for protective services and devices and provide
a special bond, in tl�e amount oL $S,UOO.UO to tlie Company in accordance witli
the provisions of "1708.3 Protective Services and Devices" and "1708.4 Special
Bond Requirements" Minnesota Department of Transportation's "Standard Specifications
for Highway Construction", dated 1978.
6. The City shall give the Chief Engineer of the Company or his designated
representative at least ten (10) days' notice in writing of its intention to
order the Contractor to enter the premises and right-of-way of the Comp'�ny for
the repairs of Bridge No. 5950. Upon completion, the premises shall be'� cleaned
up in a condition satisfactory to the Chief Engineer of the Company.
7. The Company hereby grants to the City, for construction purposes, temporary
easements, as shown colored yellow on attached Exhibit "B", 20 feet wide, parallel
to and adjacent to tl�e southeast side of easements granted by Agreement, dated
March 3, 1941. Said temporary construction easements shall co�nmence on the
date that the City shall give the Chief Engineer of the Company, or his designated
representative, written notice of its intention to order the Contractor to
enter the premises and right-of-way of the Company, for repairs of Bridge 5950,
and shall remain in effect for a period of two years or upon completion of the
Contract, whichever occurs first. The said temporary construction easements
shall be granted at no cost to the City.
8. The Company will permit the Contractor, for the repair of Bridge No.
5950, to have access to Piers Nos. 7 and 8, via the temporary easements and to
cross the Company's tracks. The City will require, in any contract let covering
said repairs, that the Contractor shall arrange for construction maintenan�ce
and removal of plank crossings on the access route at the Contractor's expense
as required and approved by the Company. Such crossing shall be covered by a
temporary private crossing agreement between the Company and the Contractor
-5-
a. �. ItescrLi� �L' lir. �`)�U-(:.h1.:;l.l'.t� P.klt. •� '' .
amended, with the limits of said policy not less than Two rlillion Dollars
($2,000,000.00) for all damages arising out of bodily injuries to or cleatli of
any person or persons and for all damages arising out of loss or destruction of
or injury or damage to property in any one occurrence during the policy period
with an aggregate limit of Six Million Dollars ($6,000,000.00) for tlie term
of the policy.
The terms of said contracts and specifications shall also include "1714
Responsibility for Damage Claims", Minnesota Department of Transportation's
"Standard Specifications for Highway Construction", dated 1978, modified to the
�
extent that the Contractor shall provide the Company evidence of Public Liability
and Property Damage Insurance, in accordance with the following:
A. The insurance shall cover the contractor's liability with respect
to bodily injury to or death of persons, and injury to or destruction of
property, which may be suffered by persons other than their own employees,
as a result of tliei'r operations in performing work covered by this Contract.
B. Where a Contractor sublets a part of the work on any project to a ,
subcontractor, ttie Contractor shall be required to secure insurance pro-
tection in tiis own belialf under contractor's public liability and property
damage insurance policies to cover any liability imposed on him by law for
damages because of bodily injury to or death of persons and injury to or
destruction of property as a result of work undertaken by such subcontractors.
In addition, the Contractor shall provide for and on behalf of any such
subcontractors protection to cover like liability imposed upon the latter
as a result of their operations by means of separate and individual contractor's
public liability and property damage policies; or, in the alternative, each
subcontractor shall provide satisfactory insurance on his own behalf to
cover his individual operations.
-3-
krr;c�rvc til. ��� . ,�r5(1—C.Pt. .�l . i .�r 1'. Itl{.
� 1 4 • s'
which will provide that the Contractor f-urnish the crossing planks and that
installation is to be made by Company forces, said crossings shall be protected
by a flagman when in use, and barricaded by locked chain or gate when not in
use. The City will require the Contractor to furnish the Company with a deposit
to cover the estimated cost of flagging.
9. The Company will not store train cars on their tracks which would prevent
access to Piers Nos. 6, 7 and 8 via the temporary easements during the Contractor's
normal working hours when repairs are being made to those piers or spans supported
by those piers. The City will require its Contractor or Contractors to move all
equipment and materials to such locations that all Company's tracks m�y be used
i;
without delay for rail traffic movements. ! '�
10. The Company operates Amtrak Trains through the project area under
a contract with the National Railroad Passenger Corporation which provides,
in part, for incentive payment to the Company on the basis of on-time
performance. Each late arrival of an Amtrak train could result in a loss
of an incentive payment amounting to approximately $1,345. The Company
will keep detailed records of the operation of the Amtrak trains, and the
City agrees to reimburse the Company for any loss of incentive payment under
the N.R.P.C. Contract due to Amtrak train delays caused by the operations
of the City or its Contractor (or Contractors) on this project.
11. The conditions of the existing Agreement, dated March 3, 1941, in regard
to Reserve Street Bridge No. 5950, will remain in effect and will not be altered
by this agreement.
12. This agreement shall be binding upon Richard B. Ogilvie, not as an
individual, but solely in his capacity as Trustee.
-6-
• , r s 4 � ► �
�ZCtil:rVl' S�. �31 . `��).`)U-l..M.;)1. ��.14 �'. �\�C.
IN W11'NES� WIII:Kf:�F, 'llie parties hc•r��tu have caused t}iis agreement to be
executed by their pro�er o[f.icers there�unto duly aut}iorized t}�e day and year
first above written.
npproved as to form: CITY Or SAIN7' PnUL
Assistant City Attorney Mayor
Director, llepartment of Public Works Director, Department of Finance
and Management Services
lzichard B. Ogilvie, as 'Crustee
of tlie property of
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
Rt1I1.ROt1ll COMf'ANY
by
Attest
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