08-1353Council File # �'�'�'�3
Green Sheet # 3062556
RESOLUTION
CITY OF
Presented
L, MINNESOTA
/�
1 WHEREAS, In November , 2�08,`d�€-Eit�j of ��aul will begin the third phase of the St. Peter-Rondo
2 Storm Sewer Tunnel Repairs project ("Project"); and
4 WHEREAS, The Project runs under the pazking area between the County's former Adult Detention Center
5 and the F buiiding of the Ramsey County Government Center West buildings; and
6
7 WHEREAS, The City requires Ramsey County property to perform its work and access for construction
8 vehicles to be used during construction of the Project and the placement, location and temporary storage of
9 construction equipment and materials for the Project; and
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WHEREAS, the City of St. Paul ("City") has asked to enter into a temporary license agreement with
Ramsey County to access and use Ramsey County property adjacent to the County's former Adult
Detention Center and the F building of the Ramsey County Government Center West buildings for two
terms commencing on November 1, 2008 and continuing until May 31, 2009 and November 1, 2009 and
continuing until May 31, 2010. A copy of whach is attached here to as Exhibit A and incorporated herein
by this reference; Now, Therefore, Be It
18 RESOLVED, That the proper City officials are hereby authorized to execute and approve on behalf of the
19 City said Agreement in a form and content substantially as set forth in the attached Exhibit A.
� f.(/a,�3
Bostrom
Carter
Harris
Stark
Adopted by Council: Date �a�/d,
Adoption Cerfified b Council,$ecretary
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BY� /J.7,vy� ir,%lr��i7
Approved a or: afe I ('t U
By: �, �
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Approved b the Office of Financial Services
By:
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Approved by Ci� fS r,
By: ;'� ��
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Approv�ed b a or ubmis�i n o ou, ncil
By: � ���--�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��
DepartmentlO�ce/COUncd: � Datelnitiated: � �� �
PW_PublicWorks I 04-NOV-08 ; Green Sheet NO: 3062556 -
Cor�taM Person 8� Phone:
Jce Mueller
266-6149
Must Be on Council Agenda by (Date):
p� T RESOLUTION
E-Doeument Required: Y
DocumeM Contact: Joe MueNer
Contaet Phone: 266-6749
1 �A�li artmeutDirector v (i /1 -- 5� �J�
2 � ublicWorks _J� AccoimNne i �
� A a9avor's Office I MavodAssistant j
� �t' ILSIVAttomev II CStvA#omev l
% .d k:omc�7 I CS tv Cwutil - I
!. .G Q�inandalServices . FSnancial� __ i
y
A55ign
Number
For
Routing
Order
Total # of Signature Pages _(qip All Lxations for Signature)
AuThorize the appropriate City officials to enter into a temporary License Agreement with ltamsey County to utilize Ramsey County
proper[y for access and equipment storage while worldng on St. Peter-Rondo Storm Tunnel Repairs Phase lII.
Recommendations: Approve (A) or Reject (R):
__ Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Foilowing Questions:
1. Has this persoNfirm ever worked under a contract for this departmenY?
Yes No
2. Has this person�rm ever been a ciiy employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separete sheet and attach to greep sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City will begin working on St. Peter-Rondo Storm Tunnel Repairs Phase III in November 2008. To faciliTa[e repaizs a work azea
and tunnell access point has been idenUfied adjacent to Runsey County's former Adult Detenrion Center and the "F" building of the
Ramsey County Government Center West buildings.
AdvaMages If Approved:
Tunnel repairs will be made in an efficient and timely manner.
Disativantages If Approvetl:
None
�`�y�. �.`��VE�
_..� e ! iit Y _-
Disadvantages If Not Approved:
T'unnel repairs will be made from a remotz access point resulting in less efficient operaflon and increased costs.
TotalAmountof $51,$00.00
7ransaction:
Funainy source: Sewer Fund
Pinancial Intormation:
(F�cplain)
November 5, 2008 8:20 AM
CosVRevenue Budgeted: Y
Activity Number: CO$-2T9� l
Page 1
T�+�+¢__
EXk�I��T �
0�-1353
TEMPORARY LICENSE AGREEMENT FOR
CONSTRUCTION LAYDOWN
THIS LICENSE AGREEMENT ("AgreemenP') dated , 2008, is
entered into between Ramsey County, a political subdivision of the State of Minnesota
(hereinafter "County"), by the Ramsey County Department of Properiy Management, Suite 660,
Ramsey County Government Center West, 50 West Kellogg Boulevard, St. Paul, Mn. 55102 and
the Clty of St. Paul, a politicai subdivision of the State of Minnesota (hereinafter "City"), by the
Saint Paul Public Works Department, 1500 Ciry Hall Annex, 25 West Fourth Street, St. Paul,
Mn. 55102.
RECITALS
WHEREAS, The City of Saint Paul, Public Works Department is engaged in the maintenance
and repair of the storm sewer system located under the parking area at 50 West Kellogg Blvd. St.
Paul, Minneso2a 55102 (the "ProjecY');
WHEREAS, The City of Saint Paul requires certain space to perform its work and access for
construction vehicles to be used during construction of the Project and the placement, location
and temparary storage of construction equipment and materials for the Project;
WHEREAS, Ramsey is the owner of certain property (the "Ramsey Property");
WHEREAS, Ramsey is willing to grant The City of Saint Paul a temporary license over certain
portions of the Ramsey Property that are shown in blue outline on the schematic drawing
attached hereto and made a part of this Agreement as Exhibit A(the "Laydown Area") and
Exhibit A-1 (the "Staging Area") for the purposes of excavation and staging of construction
vehicies and placing, locating, maneuvering, and storing construction equipment and materials
all as needed in completing the maintenance and repair of the Project (the "Permitted Use");
NOW THEREFORE, the parties agree as follows:
1. Grant of License; Term. Subject to the conditions set forth in this Agreement, County
hereby grants to City, its agents, employees and contractors, a temporary license to use the
Laydown Area (the "Laydown Area License") for the Permitted Use for two terms commencing
on November 1, 2008 (the "Effective Date") and continuing unfil May 31, 2009 (the "Expiration
Date") and November 1, 2009 (the "Effective Date") and continuing until May 31, 2010 (the
"Expiration Date"), unless extended by mutual agreement of both parties. Upon occurrence of
the Expiration Date, The City of Saint Paul agrees that it shall ha�e removed all of its equipment,
machinery, vehicles and materials from the Laydown Area and shall have restored the Laydown
Area to no worse condition than it was in immediately prior to City's possession thereof. City
will provide documentation of the condition of the Laydown Area for approval by County prior
to County signing this Agreement.
Construction Laydown Lic. Agreement October 30, 2008
p�S-13�3
2. Use of the Laydown Area. City agrees to use the Laydown Area for the Permitted Use only,
and for no other uses ar purposes. All activities undertaken in connection with the Pernutted Use
sha11 fuily comply with applicable laws, ordinances, and regulations, including laws, ordinances,
and regulations relating to worker safety.
3. Access License. Subject to the conditions set forth in this Ag�eement, County hereby grants
City a temporary and non-exclusive access license over the areas shown in blue hatchings on
Exhibit A(the "Access Area"), and E�ibit A-1 (the "Staging Area") to run coterminously with
the Laydown Area License, for the purpose of providing City with ingress and egress onto the
Laydown Area (the "Access License"). Such Access License shall automatically terminate upon
the Expiration Date. City and County each covenant and agree that it shall not park any vehicles
in the Access Area or take any other action or omission that would result in the blocking of either
pedestrian or vehicular access over, across and through the Access Area.
4. Conditions of Laydown Area License and Access License.
a. County's grants of the Laydown Area License and the Access License are
specifically conditioned on compliance by City, its officials, agents, and
employees during the entire term of this Agreement, with the following
conditions. City, its officials, agents, and employees shall:
1) Maintain a marked, safe, and clear twelve foot wide path for use by vehicles and
pedestraans between the F Building of the Ramsey County Government Center
West Building ("West Building") and the old Aduit Detention Center, as noted on
Exhibit A. For purposes of this section, the term "maintain" includes keeping the
path clear of snow, ice, water and debris. City may interfere with this vehicle
and pedestrian path only:
a) for truck and equipment staging;
b) with 48 hours prior written notice to County; and
c) for an agreed-upon short period of time. During the interference, City shall
provide and maintain an alternative pedestrian access acceptable to
County. City shall post signs acceptable to County regarding the
temparary interference prior to and during the interference, and shall
schedule such interference during evenings ar on weekends.
2) Provide County and or iYs vendors with the necessary access for periodic
maintenance and repairs needed to existing structures within the
Laydown Area as needed by County.
3) Permit continuous access to, and use of, County's parking 1ot gate,
intercom, and card access system for the West Building as currently installed.
County will agree to temporary interference of the access to and use of County's
parking lot gate, intercom, and card access system only:
a) with 48 hours prior written notice to County; and
b) for an agreed-upon shoft period of time. During the interference, City
sha11 provide alternative ingress and egress acceptable to County. During
the interference, City shall post signs acceptable to County regazding the
temporary interference prior to and during the interference, and shall
schedule such interference during evenings or on weekends. To the extent
Construction Laydown Lic. Agreement October 30, 2008
o� �1353
City interferes with the access to or use of the parking lot gate, intercom,
and card access system, City sha11 provide a traffic guard with radio
communicafion to the West Buiiding Security desk to assist vehicles in
obtaining access to the Counry Property.
4) Provide appropriate signage, that is acceptable to County and is visible by both
pedestrians and vehicles using the parking lot gate, intercom and card access
system, as to City's uses and activities on the County Property.
5) Prior to beginning construction, deliver site plans/drawings to County for
approval of the following Project details:
a) Proposed alternate vehicle and safe pedestrian walkways.
b) Proposed directional and informational signage plan.
6) At City cost, keep pedestrian and vehicle access routes clear of snow,
ice, water and debris.
b. If County determines that City has failed to comply with any of the above described
conditions, or with its payment obligations under Paragraph 5. herein, County may
terminate the Laydown Area License and Access License immediately upon written
notice to City and the failure of City to cure the default within a 24 hour period.
5. Parking and Out-of Pocket Compensation Payment.
a. In exchange for County granting City the Laydown Area License and the Access License,
City agrees to locate, make arrangements for, and pay for replacement pazking for
displaced parking which may occur to County's employees, contractors and agents as a
result of the Laydown Area being inaccessible during the Term due to City's Permitted
Use thereof. It is agreed between the Parties that the total number of actual displaced
parking spaces is 37. City shall locate 37 acceptable replacement parking spaces in
locations within a 2 block area of County's West Building at 50 West Kellogg Boulevard,
St. Paul, Mn. 55102 and shall make timely payments of all costs for the replacement
parking spaces directly to the parking vendor.
b. In addition to locating and paying for replacement parking charges, City agrees to
reimburse County for its out-of-pocket costs associated with and incurred as a direct
result of this Agreement. County shall submit to City on a monthly basis a written
Request for Reimbursement, with copies of any and all invoices for the reimbursement of
the out-of-pocket costs. City will make payment of each Request for Reimbursement
submitted in acwrdance with this pazagraph within thirty (30) days after the request is
received by City.
6. Liens. City covenants to keep the County Property, including the Laydown Area and the
Access Area, free and clear of any liens that may azise as a result of the Permitted Use. Without
limiting the foregoing, City shall not suffer or permit any mechanics' or materialmen's liens to
be filed against the County Properiy by reason of any work, labor, services, materials or
equipment supplied or claimed to have been supplied to City or any contractor or subcontractor
of City. If any mechanids ar materialman's lien is filed against the County Property, CSP shall,
promptly after norice of filing, either (i) cause the same to be discharged of record by deposit in
court or bonding or (ii) furnish County with indemnification or other security against loss or
damage arising from the lien in form and substance reasonably satisfactory to County. If County
Construction Laydown Lic. Agreement October 30, 2008
o�S � �353
leams of any claim or action pertaining to mechanics' or materiaimen's Iiens, County shall give
prompt notice of the same to City.
7. Insurance.
The City is an authorized self-insured municipal corporation for purposes of all proper[y damage
and general liability claims.
8. Indemnificafion. City agrees to indemnify, defend and hold hannless County, its officiais,
employees, and agents, and their successors and permitted assigns, from any and all damages,
liabilities,losses, claims or demands, including attorney's fees, which the County, its officials,
employees, agents, and their successors and assigns may incur, sustain, or be required to pay,
arising out of or in connection with City's Permitted Use of the Laydown Area and the Access
Area. This indemnity shall survive the termination or expiration of this Agreement.
9. Notices. Any notice to be given by either party to the other pursuant to the provisions of this
Agreement shall be personally served or sha11 be deemed to have been given when deposited in
the U.S. Mail, registered or certified, return receipt requested, addressed to the other party at the
address stated above or at such other address as each may designate by written notice to the other
in the foregoing manner.
10. Termination Without Cause. County may terminate this Agreement without cause at any
time upon sixty days' written notice to City.
ll. Execution of Agreement. The undersigned hereby represents and warrants that he or she is
authorized to execute this Agreement on behalf of the respective parties to the Agreement and
that this Agreement, when executed by those parties, shall become a valid and binding
obligation, enforceable in accordance with it terms. County further represents and warrants that
it has full authority to grant access to the Laydown Area and the Access Area to City, its agents,
employees, contractors and subcontractors.
12. Assignment, Successors and Assigns. This Agreement cannot be assigned by the City
without the prior written consent of the other, which consent shall not be unreasonably withheld
or delayed. This Agreement shall be binding upon and inure to the benefit of the parties'
respective representatives, successors, heirs and permitted assigns.
13. Goveming Law. This Agreement shali be governed by and construed in accordance with
the laws of the State of Minnesota. Any judicial action related to this Agreement shall be
instituted in a state or federal court located in Ramsey County, Minnesota and the parties herehy
submit to venue and jurisdicrion in such county and state.
14. Counterparts. This Agreement may be executed in one or more counterparts, each of which
sha11 be considered an ariginal and a11 of which sha11 constitute but one and the same insri�ument.
Construction Laydown Lic. Agreement October 30, 2008 4
OK�I353
IN WIT'NESS WHEREOF, the parties have executed this agreement on the date above-written.
RAMSEY COUNTY
Jan Pazker, Chair
Ramsey County Boazd of Commissioners
CITY OF SAINT PAUL
:
Bonnie Jackelen, Chief Clerk-County Board
:
Mayor
Director of Public Works
Approval recommended:
Julio Mangine, Director
Department of Property Management
:
Director of Financial Services
Approved as to form and insurance:
Assistant County Attomey
Funds are available
Account Number:
Budgeting & Accounting
Approved as to Form:
:
City Attorney
Conshuction Laydown Lic. Agreement October 30, 2008 5