10-217Council File # 10-217
Green Sheet # 3095816
RESOLUTION
SAINT PAUL, MINiVESOTA
Presen[ed by
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1 WHEREAS, the ity of �nt Paul entered into a Temporary License Agreement for Construction
2 Laydown on Decem er 22, 2008 (Council File 08-1353) with Ramsey County to perform its work and
3 access for construction vehicles to be used during construction and the placement, location and temporary
4 storage of construction equipment and materials at the Ramsey County Government Center far the third
5 phase of the St. Peter-Rondo Sewer Tunnel Repairs project through May 31, 2010, and
6
7 WHEREAS, the City's project was completed in May of 20Q9, and
8
9 WHEREAS, the Minnesota Department of Transportation has contracted with Lametti & Sons, Inc. to
10 work on a tunnel project in the same location, and
11
12 WHEREAS, the City, with the consent of Ramsey County, desires to assign the temporary license
13 agreement to Lametti & Sons, Inc., and
14
15 Now, therefore be it, RESOLVED, that the proper City officials are hereby authorized to execute and
16 approve on behalf of the City the "Assignment and Assumption of Temporary License for Construction
17 Laydown" in a form and content substantially as set forth in the attached Exhibit A.
Bostrom
Carter
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Adopted by Council: Date
Adoption Certified by Cound Secretary
BY� ` L�
Approve Ma r: ate /�% /U
BY �
Requested Department of:
Public o ks ��
By:
Approved by th ff i cial Serv
By:
Approved y City Att rney
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By: , ��. 7�'t�
Approve y y for Submi i to uncil
By: !/(r�/
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10-217
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartrnenUOffice/Council: Date InKiated:
Pw_�b'�°w°� 26JAN2010 Green Sheet NO: 3095816
Contact Person $ Phone: Deoartrnent Sent To Person InitiaVDate
Richard Ekobena y o bL'cworks SewerMsna er �_:L Z�-
266-6253 1 66cWOrks Accoontiu —`2�� C�
A55ign 2 blic Works Direc[or -2
Must Be on Council /\qenda by (Date): Number
For 3 i Attocne Ci Altorne
Routing 4 'nancial Services Financial Services
Doc. Type: RESOLUTION OMer 5 or's Office Ma or
6 ounc� Counctl
E-Document Required: Y � � Clerk Ci Clerk
Document CoMact: Richard Ekobena
Contact Phone: 26&6253
Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Approval of the attached resolution authorizing the appropriate City officials to enter into an assignment and assumption of
temporary license agreement between the City of Saint Paul and Lametti & Sons, Inc. with the consent of Ramsey County.
Recommendations: Approve (Aj or Relect (R): personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm everworked under a contract for lhis department?
CIB Committee Yes No
Civil Service Commission 2. lias this person/fircn ever been a ciry employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City entered into a temporary license agreement for construction laydown with Ramsey County to utilize Ramsey County
property for access and equipment storage from December 22, 2008 tUrough May 31, 2010. The City's construction project was
completed in May of 2009. MnDOT has contracted with Lametti & Sons, Inc. to work on a tunnel project in the same location.
AdvantageslfApproved: � � `=�
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Disadvantages If Approved: . � �'.`; . �_� ,��.�
DisadvanWges If NotApproved:
Tofal Amount of
Transaction: $�� CostlRevenueBUdgetetl:
FuntlingSOUrce: ActivityNumber. �.p�,� J �
Financial Information:
(Explain)
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January 26, 2010 4:56 PM page 1
EXHIBIT A
ASSIGNMENT AND ASSiJMP'PION OF TEMPORARY LICENSE 19-217
FOR CONSTRUCTION LAYDOWN, BETWEEN THE CITY OF SAINT PAUL AND
COUNTY OF RAMSEY, TO LAMETTI & SONS, INC.
In consideration of One Dollar ($1.00) and other �ood and valuable consideration, the
receipt and sufficiency of which is hereby acknowled�ed, the City of Saint Paul ("Assi�nor"), a
Minnesota municipal corporation, does hereby GRANT, BARGAIN, SELL, CONVEY,
ASSIGN, TRANSFER, SET OVER and DELIVER to Lametti & Sons, Inc. ("Assignee"), a
Minnesota corporation, al] of the right, title and interest of Assi�nor in, to and under that certain
Temporary License Agreement for Construction Laydown made as of December 22, 2008,
between Assignor and County of Ramsey, a municipal corporation, concerning the permitted use
of Laydown Area and Staging Area at the Ramsey County Government Center, 50 West Kello�g
Boulevard, Saint Paul, Minnesota ("AgreemenY'), and all of the rights, powers, benefits, and
privileges of the Assignor in, to and under said Agreement.
Assignee hereby assumes and agrees to perform all of the terms, covenants, obligations
and conditions of said Agreement which are reguired to be performed or complied with by
Assignor under said Agreement in respect of the period from and after the date of this
Assignment.
Assignor hereby agrees to indemnify and hold Assignee hannless from and against all
liabilities, damages, costs and expenses (including without ]imttation intended and by way of
example only, reasonable attomeys' fees, disbursements and amounts paid in settlement of
claims) arising out of the failure of Assignor to perform the respective obligations under said
Agreement in respect of the period prior to the date of this Assignment.
Assignee hereby agrees to indemnify and hold Assignor harmless from and against all
]iabilities, damages, costs and expenses (including without limitarion intended and by way of
example only, reasonable attorneys' fees, disbursements and amounts paid in settlement of
claims) arising out of the failure of Assignee or its successors m interest to perform their
respective obligations under said Agreement in respect of the period from and after the date of
this Assignment.
The provisions of this Assignment shall be binding upon and inure to the benefit of
Assignor and Assignee, and their respective successors and assigns.
City of Saint Paul
By:
Mayor
Sy:
Director of Public Works
By:
Director of Financial Services
Approved as to Form:
By:
City Attorney
Lametti & Sons, Inc.
EXHIBIT A
CONSENT TO ASSIGNMENT AND CONSUMP"i'ION
The County of Ramsey hereby acknowled�es, approves and agrees to the assignment and
assumption of the above-referenced Agreement, by Lametti & Sons, Inc., as of the date of this
Assignment. Accordingly, Couniy of Ramsey releases the City of Saint Paul from its obligations
thereunder and from this date forward will look only to Lametti & Sons, Inc. for payment and
performance of the a�reed upon obli�ations under the terms of the A�reement.
Victoria Reinhardt, Chair
Ramsey County Board of Commissioners
:
Bonnie Jackelen, Chief Clerk - County Board
Approval Recommended:
I�
Julio A. Mangine, Director
Department of Property Management
Approved as to form and insurance:
:
Assistant County Attorney
Funding Account Number: CD8-2T911
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Budgeting and Accounting
10-217
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