258598 �
ORI6INAL TO GITY CLERK 2585��
• y CITY OF ST. PAUL FIOENCIL NO.
OFFICE OF THE CITY CLERK
� OUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED, that the proper city officers are hereby authorized
and directed to execute on behalf of the City of Saint Paul the
Agreement between the City and Burlington Northern Inc. ,
said Agreement pr�vides for alterations of signal and communication wires
made necessary by City construction project on Maryland Avenue within the
Burlington Northern inc. right-of-way and further provides covenants in the
matter of mutual cooperation of aforesaid construction.
A copy of said Agreement being attached hereto and incorporated herein by
reference.
FURTHER RESOLVED, that the costs incurred by the City of Saint Paul
under. the terms of this Agreement shall be paid from code 1971 Co�inty Aid
in the sum of $8,563.00 and this code fund shall be reimbursed from Federal
T.O.P. I .C.S. funds if approved. Said costs shall be accounted for under
Department of Public Works Project Number P-0526A.
.�:;:� _
�_ �EORl�I V E D•
�
� _ r or io Counsel
MAY 1 �1 1�J72
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays �y �� ��
Butler
^��_�°�--�-z� � 19�
Levine
Tn Favor
�--�
yor
Sprafka '�/ Against
Tedesco
��� �,� ;�` PdBEiSHED �AY 13197�
Mr. Vice President Mered�±h
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THIS AGREEMENT, made and en�ered into this day of ,
; 197 '� ; by and between the CITY Or SAINT PAUL, a municipal corporation, acting by
_and through its City Council, hereinafter called the "City", and the Burlington
Northern Inc. , a Delaware corporation, hereinafter called the "Railway",
WSTNESSETH: _
WHEREAS, the City, the Northern Pacific Railway Compar�y, the Sault Ste. Marie
Railroad Compas�y and �he State of Niinnesota entered into an Agreement on July 20,
� 1950, for the relocation and construction of 2�iaryland Avenue� between Jac:�son
StrE�t and N�ssissi.ppi Street, and for the �onstruction of bridges to c�rry portions
of reloca�ed :�Iaryland Avemae over the tracks of the P�ort:�ern Pacific Railway ,
Comrany and �nA Sat�lt Ste. Marie Railrowd CoL�pany; said Agreer�ent included among
other tnings, t•he davision of costs for the project; the division of r�aintenance
respo:�sib�.lities �or the finished project; provisions that th� City would take
necessa2y s�eps for the vacation of certain streets and alleys; and provisions
for the dedication of certain Northern Pacific Railway Company property as
. easements for hi�hway purposes; and
WHERr,AS, The NoY�thern Paciiic Rail:�ay CeMpa.r.y has merged with other Railway
Companies, a.nd is now known as Burli..ngton Northern Inc. , .and
WHERFAS� The bridge, cor.structed u.�der said Agreement� wnich separates the
grades of Maryland Avenue and the tracks of the Railway is known as Minnesota •
. Hi�hway Depar'cment Bridge Nwnber 6600; and �
WI�REAS, Maryland Avenue and bridges as relocated and constructed under
provisions of said Agreement are not of sufficient width to have capacity for
present volur.ies of traffic and �are in need of extensive maintenance; and
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WI�REAS, The City desires that additional roadways, consisting of
embanlmeat, slopes, sub-base, wearing surfaces, curbs, sidewalk, drainage systems,
and all. ns.terials i.nvolved therefore, be constructed ad.�jacent to the sa3d
relocated section of P-iaryland Avenue, and that the relocated section of Maryland
Avenue be re�raded a.nd repaired in substa,.ntial accordance with the plan attached
hereto and �.de a part hereof and masked Exhibit "A", and
WHEREAS, The City desires th�t a bridbe� to be known as Mix�nesota Highway
Depart�ent Brid.ge i:o. 62526, be constructed a,djacent to Brid�e T�o. 6boo, said
Brid�e ;�o. 6252� to se�a.rate the gr�.ctes betY�een �;he additional l�:aryland Avenue
roa.d�rays ard th� t�-acr,s of the Rail.wzy, and that Bxid�e No. 6600 be revised, �
repwire�. �:d rew�deled in subst�nti4}. accorda.r.ce �ri.+h the pinn attached heretio
and �de a pa,x� h�reoi and �ar'r.ed Exhibit "B" and in flirtrer accorcl.znce �wi.th � "
detwil pla.�s, s�2cificatio:�s �d special pravisions for construction oS Bridge
No. 62�26 and Brid�e :10. 6600 to be prepared by the City and approved by the �
Rails�ray; �
rJOW, Ti�REF�'O�r^., Ln consideration of the pre.mi.ses and the �rtua1 dependent
promises of the par�ies hereto, it is a�eed �,s follows: �
1. T21e por�ion of I�:��rland Avenue covered by this Aoree�ent extends fron
�;he �rest.right-o�-s•ra� line of the R�..i.lt�ray at approximately Station 30 + 82 of
N,aryland Avenue to the east ri6ht-of-s•ta.y line of t:�e P.�.i.l.s•tay at appxoximate]y . � •
Stat3.on �+1. + 31 af biaryland Avenue. A1.1 work necessary �or constructin� tr.� .
ad.clitional. ro�.diaays� install�,tion of a draina�e system, repa.i'rir�; the existin;
Marylwnd Avenue, constructir.? Brid�e P;o. 6252b� revisin� walks and railings on
� Bridge rlo. 6600 a.nd repairin� ati�d re.modelin� existing Brid�;e Iv'o. 6600 constitutes
what :i.s herein c.].l.ed the "F�ro�ect". ,
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2. The City will prepare the plaus and specifications Por the construction
oP the Project, advertise and receiv�e bids for the work, award and administer the
contract or contracts for the construction of the Pro�ect and inspect the construc-
tion of the Project.
3. The City will app�r to the Minnesota. Public Serv3ce Co�nission for
appraval of the plans and specifications in connection with the construction of `
the Project. .
� �. The Ci�ty agrees that in ar�r contract which it shall let cavering construc-
tion of said Projec-t as contemplated by this Agreement, it sha11 require under the
terms of said contract and speci�'ications that the Contractor or Contre.ctors shall
provide insura.nce in accorda.nce� with the Specifications at-tached hereto and made a
paxt hereof and marked "Exhibit E". .
5. ihe C�ty tir�ll req•:3re in ar�y coritract which it shaLt let covering the
. construc-�ion of saa.d Project, as coutemp].ated by this Agreement, that all �tork
to be done by the Contractor on -the R�.i?way's right-of-way shall be perPormed
in accordance wit� the provisions o� "1708 RASLROAD-HIC�iWAY PROVISIOrlS", .
Minnesota Department o�' Highways "Standard Specif3cations f'or High•�ray Construction",
dated Januar3r 1, 1��2, � �
6. The City will require in ar.�y contract which it shall let covering the
construc�ion of said Froject� as contemplated by this Agreement, that the
Contractor sha11 arra.nge for protective services and devices and pravide a �
� special bond, in the amount o� $5,000.00, to the Railway in accord.ance with the ,
pravisions oP "1703.3 Protective Services and Devices" and "1708.�+ Special Bond
Requirements" 2ti.nnesota Depart�ent of High�ays "Standard Specifications for �
Highwt�y Construction", duted J�ruary l, lJ{2.
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?. The City shall give the Chief Engineer of the Railway or his designated
representative at least ten (10) days' notice in writing of its intention to
order the Contractor or Contractors to �nter the premises and right-of-way of the
Railway for the construction of the Project. Upon completion, the premi.ses shall
be cleaned up in a condition satisiactory to the Chief Engineer of the Railway.
8. The Railway will make the necessary temporary and permanent alterations
of signal and co�nunication wires mad.e necessaxy by the construction of the Project,
as shown on plan attached hereto and made a part hereof and marked Exhibit "C".
The estimated cost of the temporary and permanent alterations of signal and
communication wires is $ 8,563.00 and is shown on Exhibit "D". The temporary �
alterations of signal and communication wires will be conpleted within sixty �60)
days after the Railway is notified that the Contractor is ordered to enter the
prea�i.ses ard ri�ht-of-way of the Rail��ay for construction of the Project.
9. The City �rill reimburse the Railway for the cost of making te�.porary
and pe�tnanent �.lterations of signal a.nd communication wires made necessary for
construction of the project. The final bill, maxked, "Fina1", for the costs
incurred by the Railway for said alterations, shall be a complete, detailed and
itemized statement of all w�rk, so axranged and divided as to conform to each of
the items of work performed by the Company as shown in, Exhibit "D", and sha11 be
s3.gned by an officer of the Railway. Progress Billings may be submitted by the
, Railw�,,}r each month, and they shall be a portion of. the total estimated cost of
' the said.alterations as shown on Exhibit "D", as an estimated percentage of work �
completed. . The estimate of work completed for the Progress Billings shall be made .
by the Chief En�ineer of the Railway, or his representative, and shall not total
- more than 90% of the total estimated cost as �shown in Exhibit "D". Upon subma.ssion
of the Progress BiLlin�s or Fina1 Statement of Costs incurred by the Railway for .
said a2terations, the City will make payment to the Railway within thirty(30) days
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' � of the receipt and approval of such billings and statements. In the event that
the Final Statement of Costs is less than the amourit paid to the Railway for
Fro�ress Billings, the Railway will ref"und to the City the difference between the
last Progress Billing and the Fin�.l. Statement within sixty (60) .days of completion
of said permanent alterations. � .
10. ImQnediately prior to the start of the construction operations ad�acent
to existing Brid�e No. 6600, the City will take elevations at the tops of both ends
of the piers and abutments of .Bridge No. 660o a.nd on the top of each rail of the
Ra3l�aay's track at 25 foot intervals for a distance oP 600 feet in each direction
from the intersection of the track and the center line of Bridge No. 6600. At the
time that elevations are talcen, the alignment of the existing center of the track
will also be surveyed and recorded for the same distance. The notes� showing the
elevations a.nd alignment, will be submitted to the Railway to be used �o determine the
amount of settlement in Bridge No. 6600 on the track and to determine any change in
alignment of the track that might occur. as a result of the Project. The City will
be responsible for a three year extraordinary maintenance period to provide any
future track surfacing a.nd alignin� that may beco�:e necessary as a result oF the
Froject. The Ci�Ly w?11 also Ue responsible for repairs due to settler:ient that may
occur in Bridge Tdo. 660o as a result of the Project over a three year extr�,ordinaxy
maintenance period. � ' �
This three year extraordinary maintenance period will start upon the completion
of the approach ear-th emban]nnent placed 200 feet on both sides of the center lines
of the tracks. '
- � 11. The Project is of sucn a nature as to require that the construction
be done in stages, or sepaxate �ontracts. Stage I will provide the embanlunent,
grading and other work for the additional roadways, construction of Bridge No.
62526 and the Force Account work to be done by the Railway consisting of ,
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. temporary alterations .of the signal and comnunicat:.on wires. Stage II will provide
for pavino a.nd co�p�etino the additional roadways; regrading and repairing the
existing b�ar-�'land Avenue; installation of a drainage system; revising walks and
railings on Brid�e 110. 66C0; maintena.nce repairs to Iiridge No. 6600; and completion
of the Force Account �aork by �he Railways.
12. The Raa.lway will grant to the City the right to temporari� discharge
drainage wa�er or,to a suitable place on the right-of-way of the Railway during
the period between the coristructi.on of th° e.mbanlanent in Stage I and -the
installation oi tne_ drainage system i.n Stage II. �
13. Upon coa�letion of construction of Bridge No. 6252b, t'ne City shall
at its orm exo°nse �a.intain, repa�r 2nd rene�•i said br�dpe, includir_� all
app�en�:�ces th�re�o �.r.d the-reoi; however, nothi.n� herea.n contained snall be
cons�rk�d to relieve ei�her ti�:e Ci�y or the Railway o� co:�o:� lat�r or statu�ory
li�bili�y, if any, for z.�y d�-��.�es to the bridoe structure resul�in� fro.� tne -
operat�ons oi the Ral�ray or the City. The obligation to so �aintain said
brid;e sha11 con�inue unless chanoed by flzture a;reements and in accordance wi�h -
the law o: �he State of 2•iinnesota, as it shaJ1 be from ti.�e to ti�.-�e in �he future.
14. R.'he Railway does hereby acknowledge that the City possesses
a permanent eas�ment for bridge and highway purposes on, over and
across the real property shaded� "blue" on the attached Construction �
.,:. �
Plan, marked Exhibit "A" , as granted to the City pursuant to that
.- eertain agreement dated July 20, 1950, between the City, • the Minnesota '
• Highway Department, and the Northern Pacific Railway Company. .
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In Presence of CITY OF SASNT PAUL
BY — -
--- Mayor
Commissioner of Public Works
Attest: .
City Clerk
'ORM A R
Countersigned: - -
City Comptroller
Asst. o r ,i o n ei. -
S TATE OF ri I 1`'NE S OTA )
: ) ss. . �
COUNTY OF RAMSEY )
On th i s day o f ___.._ _—_�-_� i
19 , b�fore me, a notary public within and for said County,
personally apveared Charle� P. McCarty, Roger M. Conway, Harry E.
Marshall, and Clemens J. Schleck, to me personally knovm, who,
being each by me duly sworn, did say that they are respectively '
the Mayor, the Corunissioner of Public Works, the City Clerk, and
the City Comptroller of the City of Saint Paul, Minnesota, named
in the foregoing instrument, and that the seal affixed to said
. instrument is the seal of the City of Saint Paul, and that said
instrument was signed and sealed in behalf of said City of Saint
Paul by authority granted pursuant to formal resolution of the
Council of the City a� Saint Paul, Council File No. •
p�ssed and approved the day of _ , 1971,
and the said Mayor, Commissioner of Public Works, City Clerk, and
City Comptroller ackno��ledged said instrument to be the act and
deed of said City of Saint Paul pursuant to said resolution.
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• . Notary Public, Ramsey County, Minn. '
_ � My commission expires _ �_
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Zn Presence of Burlington Northern Inc.
i���_" �- `--�`".��O-�---�°� B3r �'�`' C �
..5��� f Attest: . �A���
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i
I
STATE OF %�=-=:1.'L:>�'lA � �
) ss. �
COiJNTY OF r,_..,,-.I )
On this � day of ,
19�, before me, a notary public within and for said County,
personally appeared I. �'. :�_'' ,,"�-;- �:; a.nd R- �
to me personall,y i�noi��n, who, beino: each by me duly sworn did say that they are
respectively the
`r;r:= F;;•��i��!�T and the
. " ` ^,'�T,'+,;�; of Burlin�ton Northern Inc.
nzraed in the fo:egoin� inst;rument, �nd �hat the seal affixed to said instrument
is the ccz^porate sea.l. of said corporati.on, and that said instr�.unent was signed
and sealed in behalf of said corporation by authority of its Boaxd of .
and said 1. G. �''!„��G i O�Y and
,�(r'G-c�c�-t�S _., ,.
"� r' �'`'"' '-'-Y acknowledged said instrument �o be the �ree
/ act and deeu of said corporation. .
,...��.
' _ . f:`,._. S. �?.'.'.;:.:i -
Notary Public, _ -:.`:��Y Co. , • .
N�y commiss3on expires , '� ' ?�. ��71•
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. �,
Rearrange co��n�cation and signal lines account of construction of O.H.Highway Bridge at
Niaryland Avenue by City of St. Paul, riinnesota.
Railrrav Com�arnr Y7ork at City, Ex,pense
La,bor Material
Alteratiens to Comreunication Lines
`L'e�:��rars* �iork
Place cable, remove open pole line 1100 75�-
Subsistence � 360
I�iaterial handling 3g
Transportation 41
Rerrtal of equip¢nerit 12�
Permanent j�lork
Re�ove cable and replace open pole Iine 235 2�
Subsistence 360
�iaterial handling � ` 10
Transportation 10
RentaJ.. of equipment 120
A].ter�t;��s to SirTna]. Lines
i•e�_��r4:Rr ;orK
P1ace cable, remove open pole line 9� 1600
ExoPnses � 1�
i•ia,terial hundlir� �4
Tr4nsuortation 32
Rer,ta� of eauipmerit 1S0
Per:r�.rent Z�.'ork �
Rer;:ove cab"le and replace open pole li.ne 600 250
Expenses - 120 -
1;aterial handling 13
Transportation 5
Rental of equipment ��
En�ir.eering 300
/�ccountir� 100
Liability Insurance ($1,000,000 ccverage} 35b
Labor additives 9k7
�tate Use Tax - � �
Contingencies 1�9g �
57� 4k5o
5700
Gross Cost 10150
Salva�e •
Cor.�:iunication m.aterial � 577
Signal material 1010
15g7
Net Cost 8563
Office of Asst. Vice President Engineering �
St. Paul, riinnesota _
M�y 9, 1972 . - • -
EXHIBIT „C�'
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Insurance -
l. The Contractor shall take out, maintain and file with the City aP Saint
Pau]. policies oP insura.nce and indemnification of the kinds and amounts
specified in Par�,�raph 1.�+ of "Specification Por Street and Sewer
� Construction for the City", except as modified below;
A. The provisions of Paragraph 1.44C, "public Liability Insurance",
shall be revised as to linits o� liability and sha11 include the
following:
l.) The insurance sha11 cover the contractor's liabiZity
with respect to bodily injury to or death of persons,
and injury to or destruction oP property, which may
be suffered by persons otr.er than their own emtiloyees,
as a result of their or,erations in perforning work
cotiered by this contract.
2. ) Where a contractor Uublets a part of the work on a�y
projec� to a subcon-�ractor, tr�e contractor snall be
rec;u:ired t� secure iilsurnnce �rozec�ion in his os�rn
behalf ur.d�r ee..tracf;or's public I.iw�iZity •�:nd pro-
pc:x'ty c� rn��;e insuran:,e =oolicies to coTrer an;� liabi-
lity i�,�osed on him by law for d�a�es cecause o�
� bodily injury to or de�.th oP persons and injur.y to or
destruction of pro�erty as a result o� worY undei�a,Yen
by such subcontractors. In addition, the contractor I
shall provide fer and on behalf of ar�y such subcon-
traetors �rotection to cover like liabilit.y ir�osed
. upon the latter as a result oY their operations by
� means of separate a,n3 ir�dividua]. ccntractor's public
liabil3.ty and property c3a�a.ge poJ:icies; or, in the
alternati�re, each subcontractor sh�11 provide sa;is-
factory insura.nce on his ok}n beha7.� �o cover uis in-
. . divid.ual operations.
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Sheet 1 of 3 �
Exhibit ��E"
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3�. The li�.ts oP liability for the insvra.nce policies
prescribed abrnre shall be not less than $500,000 for
a11 damages arising out of bodi]�y injuries to or death
of one person and subject to that lic�it for each per-
son� a total amourit of $1,000,000 Por a11 dau�ages
. arising out oP badil.y injvries to or death oP two or
more persons in a�y one accident, and not less than
� $500,000 �or all dar�a.;es arising out oP in�jvey to or
destruction of property in any one accident a.nd, sub-
3ect to that lit�it per accident, at total (or aggregate)
li�n9.t of $1,000,000 for a1.1. da.i�a,ges arising out of in-
�ury to or destruction of property during the policy
period.
�+). The insurance covera.;es as required sha11 be in Pu11 �
Yorce and eifect before ar�y Work or operations are
co�enced on railrcad property and shall be kept in
f'tzl.7. force until all work �o bz perfoz�ed under tne
tex7ns of the contract has been accepted by the Engineer.
The policy sha11 provi.de tha.t in tne event the in- •
sivance should be char;ed or cas:celled, sucn chan.��
or cancellation sua11. not be e�fective l;ntil lj days
a£t�r the Chief En�ineer of the City has received
notice of such �:�a.���e or ca.ncellation from �he .
insurance comps�y. lhe insurance covera.,e sha11 be
executed by a.n insurer quali�ied to write such pol3cies
in the State of 2•Linnesota.
5). ln addi�ion to the requirements of Para�raph l.�+K "Proof
.� of Tnsurance", at least 10 days in a.dvance of' the start-
ing date of t�e work for frhich insura.nce is required,
cer�ifica�es, tne f�xm of which sha].1. be "Construction
Industry Coaperative Co�nittee of 2•�i.nnesota - C1CC Forra 701,
dated. February, 1G61, revised Jsxivary, 1971, evidencing
� � such insurance covera�e ;`�all be deLivzred vo the City
oP Saint Paul, Department of Public Works, Bridge
Eng3.neer. The Brid�e Engineer will promptly distribute
the certificates to the proper Railroa.d officials of �:�e
; � • Bur].in�ton PTorthern, Inc.
� . .
. and to the Engineer.
3heet 2 of 3 �
Exhibit "E" •
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In addition, upon the request of the Chief Engineer of the
City, the Contractor, his subcontractor or their insurance
c�anpanies shall prorsptly flzrnish either two duplicate
original copies or �ro certified copies oY the required
�policies to the Chief Engineer of the City.
�B. Oomit Para�graph l.�G. Railroa.ds and substttute the following:
"Insurance sha11 be fllrnished in accordance with the provisions of
"1708.2 Liability Insvrance" 2dinnesota Department of Hignways
"Standard Sp�cifications for Highway Construction"� dated January l,
1968, except as modified below: .
l. An individual rai.lroa.d protective liability insurance policy
sha11 be �zrnished for the:
(a) Burlin�,aton Northern, Ixic. , St. Paul, Minnesota, 55101.
2. Tn 17Q8.2e, o�it the word "Department" and substitute
• "City oP St. Paul."
; �
, � .
. Sheet 3 0� 3 '
Exhibit "E"
' �
258598 "
DU*LICA76 TO�ItIN'RR ..
+ • , CITY OF ST. PAUL �uNCa NO
OFFICE OF THE CITY CLERK
� ' '� COUNCIL RESOWTION--GENERAL FORM
PItBH�ITED�Y
COMMISSIONEe �ATE
• RESOLVED, that the p�oper city office�s are hereby autho�ized
and directed to exe�ute on behalf c��F the City of Saint Paul the
�lgreement betw�een the f,tty and Bu�lington tJorthern Inc. , .
said Agreement provides for alterations of signal and cc�nnu�ication wires
� made necessary by (;ity construction proJect on Ma�yl.and Avenue v�tthin the
Burl ington Northarn Inc. right-of-way and fu�ther pro+vi�" ���"�e#����
matter of mutual compsration of aforesaid construction. '�� '
A copy of said Ag�cement being attached h�reto and incorporated heretn by
reference.
FURTNER RESOLVED, that the costs incurred by the City of Saint Paul
under the terms of this Agreement shall be paid frors� code 1�71 County liid
in the sum of $$,56�.�� and this code fund shall be retmbursed from Federal
T.O.P.I .C.S. funds if approved. Said costs shall be accounted for under
Depsrtment of Public Works ProJect Number P-0526A.
1AAY 11 '�
COUNCILMEN Adopted by the Counc3l 19_
Yeae Nays
Butler �plf 11 19Z2
.,�. Approv� 19�
�°�e Favor
]l�PrEditlL
Sprafka �ayor
� ro��at
Tedesco
�t,
Mr. V`:'� P•°siQent Mer�dltH :
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�