D002774• 1•r.
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City of Saint Paul
Office of the Mayor
ADMINISTRATIVE ORDER
ADNIINISTRATIVE ORDER,
BE IT ORDERED, that the proper city officials are hereby authorized and directed to execute License
Agreement PRi84 with Northern States Power Company, d/bia Xcel Energy, to permit Xcel Energy to
remove an abandoned 16-inch cast iron gas pipeline from four feet beneath the Dunning Field property
between the Central High School properry line and a point just south of the entrance gatepost along
Concordia Avenue. The removal of the pipe will be completed within two days. A single lane of the
entrance driveway will be temporarily closed off with tr�c control cones and signs to a11ow access and
to keep the public a safe distance from the construction activities.
APPROVED AS TO FORM
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Assistant City Attorney Date
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Authority (A.O.)
LICENSE
DATE: September .2009
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CITY OF SAINT PAUL
GRANTOR: CITY OF SAINT PAUL
DEPARTMENT OF PARKS AND RECREATION
c/o City Real Estate. 1000 Cit�Hall Annex, 25 W. 4�' St.
Saint Paul, Minnesota 55102
GRANTEE: NORTHERN STATES POWER COMPANY
d/b/a XCEL ENERGY
414 Nicollet Mall
Minneapolis, Minnesota 55401
Approx. 1 month
1) Grant of License. Grantor, in consideration of the payment of the fee hereinafter specified to be
paid by Grantee, and the covenants and agreements herein contained, does hereby license unto
Grantee the premises hereinafter referred to as the Licensed Premises.
2) Licensed Premises. The Licensed Premises is that portion of Grantor's property located at 1221
Marshall Avenue, Saint Paul, Minnesota, known as Dunning Field, as depicted on Exhibit A
attached hereto and incorporated herein by this reference.
3) Term. This License shall be in effect for a term commencing and ending on the dates indicated
below, unless terminated earlier by Grantor or Grantee as provided herein.
Term
(Months/Yearsl
Commencing Date
September 28, 2009
LICENSE
AGREEMENT
Endin� Date
October 31, 2009
If Grantee requests additional time to use the Licensed Premises, Grantor may, by written
aa eement of both parties, extend the term on a month-to-month basis for up to two additional
months.
4) Use. Grantee shall use and occupy the Licensed Premises for the following purpose:
Remove an abandoned 16-inch cast iron pipeline from the Grantor's Dunning Field park
property, and as further described in Eahibit B(attached).
and for no other purpose without the prior written consent of Grantor.
� ��� ��� �
5) Fee. Grantee shall pay to Grantor a fee of $500.00 in advance of the first day of the term of the
License. Grantee shall pay the fee to Grantor at the following address: City of Saint Pau1. Rea1
Estate Division. 1000 Citv Hall Annex, 25 W. 4'�' St., Saint Paul, Minnesota 55102. If the term
of the License is extended by mutual agreement of both parties beyond the Ending Date provided
in Section 3, Grantee shall pay Grantor $100 for each month of extension, and shall remit
payment for the extended term at the conclusion of Grantee's use of the Licensed Premises.
6) Insurance. Grantee or Grantee's contractor shall provide Grantor a current certificate of
insurance naming the City of Saint Paul as an additional insured under Grantee's or its
contractor s commercial general liability policy for its use of the Licensed Premises.
'7) Utilitv Location. Grantee shall be responsible for requestina location of underground utilities,
including contacting Grantor's Parks and Recreation Operations (651-632-2419 or 632-2456) to
request Owner utility clearance.
8) Site Access. Throughout the term of the License Grantee shall maintain public access to the
Dunning site via one lane width of the driveway. Grantee shall conclude work activities each
day by 4:30 pm to allow safe program use of the site in the evenings. Grantee shall leave the
Licensed Premises and adjacent areas in a safe condition (barricades/fencing/lighting as needed).
9) Site Closure Gate. Grantee shall protect and support in place the existing site closure gate
adjacent to the driveway while the project is underway, or the gate shall be removed and
replaced in kind when the work is complete.
10) Restoration. Upon completion of said construction activities on the Licensed Premises as
described in Section 4, Grantee shall at its own expense restore the Licensed Premises and any
adjacent areas that may have been disturbed by the said activities to a condifion: a) substantially
the same as existed prior to said activities; and b) reasonably acceptable to the Department of
Parks and Recreation. Restoration sha11 include reconstruction of pavement gravel base and
bituminous surface in kind, and replacement of topsoil and seeding on all adjacent turf which is
disturbed. The seed mixh�re shall be a low-maintenance bluegrass-type seeding, such as
MnDOT Specification 3876, mixture #260 or equivalent at 5#/1,000 s.f.; a11 grades over 4:1
slope must be protected with straw-blanket erosion control fabric. Grantee shall be respons3ble
for repairing unintended damages to the site, including pavement damage at the roll-off site,
walks, turf, and fences. No irees shall be disturbed on city park land as a result of this License.
The parties agree there shall be a one-to-one replacement ratio for any lost, damaged or removed
trees within one year after substantial completion of any and all activities by Grantee.
Replacement h�ees shall be guaranteed for a period of one (1) year from the date of installation.
il) Indemnitv. Grantee agrees to indemnify, defend, save and hold harmless Grantor, its officers
and employees from all suits, actions or claims of any character brought as a result of injuries or
damages received or sustained by any person, persons or property resulting from an act of
Grantee's or its agents' use of the Licensed Premises only as to a claim brought because of any
act of misconduct, neglect, or omission of Grantee or because of any claims or liability arising
from any violation of any law or regulation made in accordance with the law, whether by
Grantee or any of their agents or employees.
12) Disposal of materials. Grantee shall provide facilities for washout and disposal of concrete and
grout as required to meet site work Best Management Practices.
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13) Pollufion and Contaminants. Grantee agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contauiinants and the disposal of refuse, solid wastes or liquid wastes.
14) Cancellation or Termination. This License shall be subject to cancellation and termination by
Grantor or Grantee at any time during the term hereof by giving written notice to the other party
at least thirry (30) days prior to the date when such termination shall become effective. If
Grantor terminates this License, Grantor must refund any amount previously paid by Grantee to
Grantor for the period of cancelation.
15) Surrender of Premises. Crrantee, at the expiration of said License term, or any sooner
termination of this License, shall quit peacefully and surrender possession of said Licensed
Premises to Grantor.
16j Amendments. The provisions of this License may be amended by mutual written consent of the
parties hereto.
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IN WITIVESS WHEREOF, the parties hereto have set their hands and seals the day and year in this
License first above-written.
GRANTOR:
G�r/�
Cit}� Attorney (Form Approval)
N/A
Mayor or Deputy Mayor
N/A
City Clerk
GRANTEE: �, ��
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Exhibit B
The Koppers coke oven gas pipeline is a 16-inch diameter cast iron pipeline that was
operated by Northern States Power Company from 1918 to 1976. The pipeline runs
along the east side of the entrance road into Dunning Field and then tums into the St Paul
Central High School parking lot. The pipe is appro�mately 4 feet below grade.
Northern State Power Company, a Minnesota corporation, d/b/a as Xcel Energy will
remove the pipeline from the Dunning Field properry from the school property line to a
point just south of the entrance gatepost along Concordia Avenue. The project is
scheduled to occur in a 1-2 week period between the dates of September 28 and October
31, 2009. There will two parts to the project — pipeline removal and pipeline grouting.
The removal of the pipe should take 1-2 days. A single lane of the driveway will be
closed off with traffic control cones and signs to allow access and to keep the public
away from the work. A test pit will be dug to accurately locate the pipe. The asphalt
driveway will be saw cut along the excavation area to ensure that there will be a good
surface for the patch. The width of the saw cut will be the minimum required for the
excavation. It is anticipated that the width of the saw cut will be 2-4 feet. The pipe will
be excavated and removed in sections and brought to a roll off for disposal. The pipe end
at the property line with the school will be sealed. The pipe end at the gatepost will be
bulk headed with a vent pipe that will come to the surface. The vent pipe will be used for
grouting the pipe under Concordia Avenue. A temporary staging area in the parking lot of
approximately four car sections will be cordoned off for the roll offs and for support
equipment. After the removal the excavation will be filled in and compacted. The grassy
azeas will be stabilized and seeded. The driveway will be reopened except the patch azea
will be coned off until the asphalt patching. The roll offs will be transported to the
disposal facility and the temporary staging area will be removed.
The grouting operation should take 1-2 days. A single lane of the driveway will be
closed off with trafFic control cones and signs in the area adjacent to the gatepost. A roll
off or container will be placed next to the vent pipe in the closed lane. Once the grouting
work is done the grout pipe will be sealed and cut off below the driveway sub grade, the
container will be removed and the driveway reopened.
The driveway will be asphalt patched at the end of the project.
I�DUa�7"lc.�
ACORD� CERTIFICATE O�;LlABILITY.INSURANCE D7 °A � n �" °° '"'
. . � 9121MDD9
OSl09 GL AU70 WCX2 hULL'LINf[TS -
PRODUCEa TH75 CEFTIFlCATE IS iSSUm AS A MATTER OF WF�RMA710N ONLY AND
Hays Companies CONFEAS NO RIGHTS IIPON ifiE CEH71flCATE HOLDEq. THfS CERT1FfCATE
DOES NOT AMEND, EXTEND OR ALTER TFg COVEHAGE AFFOflOm BY THE
IDS Center, Suite 700 PpLICiES eII.OW.
80 South 8 Stree[ INSURERS ttFFORDiNG COVERAGE NAtC #
Minneapplis, MN 554Q2
INSUHFR A ACE American insurance Compa'ry
PMONENO. 6�Z FnxNO. 612-373-7270 INSURERB:
INSUqm ](Cel EnEfgy IpC. 4NSURER Q
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Suuihwestem Puhiic Servtce Co
474 NicoElet h7ail A Floor
Min�eap01i5 Mtd 554D7 INSUREa E:
COVERAGES
iHEPOLLqE NOiV✓RHSTANOMG
ANY FEpU1qEMETT, TERM OR CONDITION OF ANY CONIRACT OR OSI1Efl �OCUMENT WIIH RESPECT TO W HIGH THI$ CERTfFICATE MAY BE ISSUEO OR
MAVPERTAIN 7HEINSUSANCEAfFOfl�mBYTHEPOL.iCIESDE$CFIBEDHEAEINISSUBJECTTOALLTHETFAMS£%CLVSIONSANOCONOITIONSOfSUCH
POLICIES. AGGPEGATE4MfT55HOK'NMHYMAYEBEENREDUCEDBYPAIDC�MS.
POLICY POLICY
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GENEPRL LIABILITY EAGH OCCURRENCE $2,Op�,000
A X X WMMEwCIALGENff{ALiJA81LITY HDOG2374591-0 1170V0H 11101)09 p e 5 2,000,000
CWMSMA�E �X OCCUR ME�EXP(Anyoneperson) $70,000
PERSONPL&ADVfNJURY $2,OpO,000
GENE4E0.lAGGREGATE �20,ppp�qCp
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SPECIALPFOVlSIONBELOW ELDISFASE-PoUCYIJMq $2,OOD�000
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OESCRIPFION OF OPEFtATIONS I LOCATIONS / VEHI0.ESI EXCLUSIONS ADDED BY ENOORSEMEM! SPECIAL PROVISIONS
RE: Project - remwal of gas pipellne at Dunning Park. CertiFicate ho€der is lis[ed as addRional insured underthe General Liabiliry policy as their interest
may appear wiih respect to the negligence of the named insured.
CERTIFICATB HOL�ER A�DI7!ONAL INSURED; INSURER LETTER: CANCELLATfON
SHOULD ANY OF THE ABOYE OESCfli6ED POLICIES BE CANCELCED BEFOFE THE
City oi SY. PaW E%PIRATON DAiE iHEREOF, THE ISSUING WSURER WILL EN�E4VOR TO MNL 30 OAVS
Oivision of Parks and RecreaSOn ��TTEN NOTICE TO THE CERTIFECATE HOLDEF MAMED TO TNE LEFi, 9UT FNLUFE TO
DO SO SHALL IMPoSE NO OBLIGATION OR LIABILITY QFANY KIN� UPoN THE INSUREF, ITS
C!o City Real Estate HGEMS OR fiEPRESENTA'f1VES.
26 West 4th Street, Room 1000
St Pauf, MN 55102 nun+oa�z�o sienu+luaE
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ACORD 25 (2041/08) OO ACORD CORPORATION 5988
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DepartrnentlOffice/COUncil: Date Initiated: �/ V u � '' 1
FS -FinancialServices ZSSEP2009 Green Sheet NO: 3081937
Conpct Person & Phone: Deuartrnent Sent To Person ] In�itiaVDate
BruceEnpelbrekt � o �nsnciatserv;cu sruceEnetnrekt g` 2���
266-8$$4 I arks aod Rxreation � 1McLae1 Hahm /�
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Must Be on Council Agenda by (Date): Namber �
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Doc. Type: 07HER (DOESNT FIT ANY Order !' �'1�pppC
CATEGORl7
E-�ocumeM Required: N
DocumeM Contaet `
Contact Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approve adminishative order authorizing a license agreement between the City and Xcel Energy for Xcel's temporary use of the
Dunning Field pazk property to remove an abandoned gas pipeline.
Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following puestions:
Planning Commission 1. Has this persoNfirtn ever worked under a contrac[ for this department?
CB Committee Yes No �
Civil Service Commission 2 Has this person)frtn ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normaliy possessed by any
current ciry employee?
Yes No
Exptain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity (Whq What, When, Where, Why): '
Xcel Energy is systematically removing the old Koppers coke oven gas pipeline across the city. The pipeline was in use behveen 1918
and 1976. The project is scheduled to take place witliln a two-week timeframe, but removal of the pipe will take place within 2 days.
Advantages If Approved:
The City will receive funding for Xcet's temporary use of a portion of the Dunning Field property. No ball fields will be damaged
Any damage done within the conshuction azea and surrounding pazk properiy will be restored to its original condition or bet[er.
DisadvanWges If Approved:
None, unless Xcel were to fail to comply with the terms of the license.
Disadvantages If Not Approved:
The City would not receive revenue for Xcel's temporazy use of the Dunning Field sitel for this pxoject. Xcel would be unable to
remove the abandoned pipeline.
ToWI Amount of �� �-
Trensaction: $500.00 CosVRevenue Budgeted: � a�; �� ,�-` _��
Funding Source: XCRI En21'(JY Activ'rty Number: o ��
Financia{Information: Deposit:
n a ��Q�
(Explain) $250 in GL-160-110701}301
$250in GL- 65-13100-5399 �� �����
September 28, 2009 4:44 PM Page 1