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D002775rro: .D oo a ��S Date: ID-'0 8- aCY� �j City of Saint Paul Office of the Mayor ADMINISTRATIVE ORDER ADNIINISTRATIVE ORDER, BE IT ORDERED, that the proper city officials aze hereby authorized and directed to execute License Agreement PR/83 with Northern States Power Company, d/b/a Xcel Energy, to permit Xcel Energy to repair and maintain a concrete river wall on company-owned property along the Mississippi River near the High Bridge power generating plant. Xcel Energy will temporarily fence off a work area between the wall rail and the Samuel H. Morgan Trail for public safety and securiTy. People, vehicles and equipment will cross the trail to access the work area. The trail will remain unobstructed, except for short intervals when equipment and vehicles are crossing to access the work site. APPROVED AS TO FORM _ �� , �, Assistant City Attorney Date -�Z-� r '__ - _- "-__'___ l o-S Director of ' ancial Servi Date °�i ,� o o �-�� Authority (A.O.) LICENSE NO. PR/83 DATE: September .2009 CITY OF SAINT PAUL GRANTOR: CITY OF SAINT PAUL DIVISION OF PARK5 AND RECREATION c/o Citv Real Estate, 1000 City Hall Annex, 25 W. 4�' St. Saint Paul, Minnesota 55102 GRANTEE: NORTHERN STATES POWER COMPANY, a Minnesota corooration, d/b/a XCEL ENERGY 414 Nicollet Mall Minneapolis. Minnesota 55401 Approx. 2 months 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 refened to as the Licensed Premises. 2) Licensed Premises. The Licensed Premises is that certain land located southwesterly of 501 Shepard Road, Saint Paul, Minnesota, and known as the Samuel H. Morgan Regional Trail, as depicted on E�ibit 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/Years� 4) Commencine Date September 8, 2009 LICENSE AGREEMENT Endin� Date November 15, 2009 If Grantee requests additional time to use the Licensed Premises, Grantor may, by written agreement of both parties, extend the term on a month-to-month basis for up to six additional months. Use. Grantee shail use and occupy the Licensed Premises for the following purpose: Repair concrete river wall, solidify soil along the wall and construct bulkheads in tunnels at the river wall beneath the water surface, and as further described in Exhibit B(attached). and for no other purpose without the prior written consent of Grantor. 5) Fee. Grantee shall pay to Grantar 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: Citv of Saint Paul, Real Estate Division, 1000 Citv Hall Annex, 25 W. 4�' 3t., 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, ('nautee shall pay Grautor $100 for each month of extension, and shall remit payment for the extended term at the conclusion of Grantee's use of the Licensed Premises. 6} Insurance. Grantee or Grantee's contractor shall provide Grantor a current certificate of insurauce namiug the City of Saint Paul as an additional insured under Grantee's or its contractor's commercial general liability policy for its use of the Licensed Premises. � Restoration. Upon completion of said construction acrivities on the Licensed Premises as described in Section 4, Cn�autee shall at its own expense restore the Licensed Premises and any adjacent azeas that may have been disturbed by the said activities to a condition: a) substantially the same as existed prior to said activities; and b) reasonably acceptable to the Division of Pazks and Recreation. No trees shall be disturbed on city park land as a result of this License. The parties agree there sha11 be a one-to-one replacement ratio for any lost, damaged or removed trees within one yeaz after substantial completion of any and all activities by Grantee. Replacement trees sha11 be guaranteed for a period of one (1) yeaz from the date of installation. 8) Indemnitv. Grantee agrees to indemnify, defend, save and hold harmless Grantor, its officers and employees from all suits, ac$ons or claims of any chazacter brought as a result of injuries or damages received or sustained by any person, persons or properry 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 Crrantee ar because of any clanns or liabiliTy arising from any violation of any law or regulation made in accordance with the law, whether by Cn�autee or any of their agents or employees. 9) Pollution and Contaminants. Grantee agrees to comply with all ordinances, laws, rules and regulafions enacted by any govemmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. 10) Cancellarion or Termination. This License shall be subject to cancellation and temiination by Grantor or Crrantee aY any time during the term kereof by giving written notice to the other parry at least thirty (30) days prior to the date when such ternrination shall become effective. If Grantor te2minates this License, Grantor must refund any amount previoasly paid by Grantee to Grantor for the period of cancelation. 11) Surrender of Premises. termination of this License Premises to Grantor. Grantee, at the expiration of said License term, or any sooner , shall quit peacefully and surrender possession of said Licensed 12) Amendments. The provisions of this License may be amended by mutual written consent of the parties hereto. 2 �ova-�� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this License first above-written. GRANTOR: N/A Mayor or Deputy Mayor N/A City Clerk �Department Director City Attorney (Form Approval) lfi�rf �,€-��v� I��,q^�' /.��cEc"rv Its Its Its . � bD 2-'Ct� �� +�� 1.��i1�� .� �'?` � �,�'+�'' �� = �. i . -'Y �- x.� . i � � � r � f s-�. S : "�S�1ZQ� � +.. ' �a� ��;�� .UB�Y+'Lq4f17�Cl�CSt2�p&'C� , _ �„K�_ ., f=. �„ , .,, � � r,. �o . r �..-r'- . �ti �_ ��c� THIS CERTIFlCATE IS ISSIIW AS A MATfER OF INFORMATION ONLY /WD HaYs Comp3�1E5 CONFERS NO RIGHTS UPON THE CERTIFlCATE NOLDER. THIS CERTFCATE DOES NOT AMElID, D(TEND OR ALTER THE COVERAGE AFFORDED BY THE IDS Certler, SuHe 700 pp�a gd,pyy, 80 South 8'" Street INSURERS AFFORDING COVERAGE NAIC # Minrteapolis, MN 65402 MsURER A: AcE American Irisurance Compatry PHONE N0. 6�'1 FAF NO. 6� 2v�]� �URER B: INSURm WSURER C: Xcel Energy inc. NoRhern States Power Cortqiany PubGc Service Compam/ ot CO �� p Soufhwestem PubGc Service Co 414 Nicdlet Ma114'" Floor Minneapolis MN 55401 INSUR6t E: COVERAGES THEPO NOTWRHSTAN�ING ANY REQUIREMENi, TERM OR CONDITION OF ANV CONIItAGT OR OTHER DOCUMFM WItH RESPECT TO WHICH THIS LERTiFlCATE MAV BE ISSUED OR MAY PERTAIN THE INSUBANGE FFFORDFD BV THE POLIQES DESCRIBED NEREIN IS SUBJECT TO ALL THE TERMS IXLLUSIONS PND CONDITIONS OF SUCH POLICIES AGGREGATELIMRSSHOWNMAVHAVEBEENREDUCEDBVPAIDCLAIMS POLICY PoLIGY Mm+ /� EFFECTVE E%PIRATION �iq ay pp TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS (MM/UD/YY� MMIODIY`n GENERALLIABILttY EACHOCCURRENCE $2,OW,000 A X X�MMERCIALGENERAWABILITV HDOC2374591d 11/01/08 17/01/09 ��Eioaervreo �� PftEM1115E5(Eaomrterce) CLAIMSMAOE OX OCCUR MEDEXP(Anyoneparson) $10,000 PERSONAL 8 ADV INJURV $2,000,000 GENERALAGGREGATE $20,000,000 GEN'LAGGREGAIELiINiTAPPtIESPER PRODUCTSCOMP/OPAGG $2,W0,000 Po4CY PRQIEC� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO ISAH08248308 11/01/D8 11701/09 (� Accideriry � ALLOWNEDAUTOS SCHEDULm AUTOS BODILY INJURY (PerPerson) X HlREO AUT0.5 BpDILV MJURY X NON-0WNEDAUTOS (perACpden[) PROPERTYDAMAGE (PerACC�dent) GARAGE LIABILITV AUTO ONLY- EA ACCIOENT ANY AUTO OTHER TiAN � A� AUTO ONLY� AG6 EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE OCWR O CLAIMSMADE AGGREGATE DEDUCTIBLE REfENTION Nl�RKERSWMPENSATIONAND X ��°'µ oTµ - romurmrs ea A EMPLOYERS LIABILITY y�4RC44355176 (AOS) 11/01lOS 11l07l09 E L FACH AGCIDENT $2,0OO,ODO ANY PROPRIETOR/PARTNERlEXECUTIVE A OFFICER/MEMBERIXCWOED� SCFC4435521$(WI) 11/07/08 11/01/09 ELDISFACE-EAEMPLOVEE $Z�ppQ,QOp If yes, tlescnbe untler SPECIALPROVISIONBELOW ELDISEASE-POLICYIIMIT $2,000,000 OTHER DESCRIPTION pF OPEftAiIONS / IOCATIONS / VEHICLES 1IXCLUSIONS ADDED BY ENDORSEMEM/ SPEpAL PROVISIONS RE: Project at High Bridge Plant. Certificate holder is listed as additional insured under the Generel LiabiliTy policy as their iMerest may appear with respect [o the negigence of tbe named insured. CERTIFICATE HOLDER ADDI710NAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PoLICIES BE CANCELLED BEFORE THE Ciry of St. Paul DCPIRATION OATE THEREOF, THE ISSUING MSURFR WILL ENDEAVOR TO MFIL 30 DAYS Division of Parks and Recreation �TTEN NOTICE 70 iF1E CERTIFICATE H�LDER NAMEO TO THE LEFC, &ST FAIlURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILRV OP ANY KIND UPON THE INSURER, fB C/o Ciry Real Estate AGENTS OR REPRESEMATIVES 25 West 4th Sheet, Room 1000 q�{p�7�p gGNATURE St Paui, MN 55102 �a,. �[�.,_ ACORD 25 (2001/08) � ACORD CORPORATION 1988 &xhibit A � / / /i �� V // ' �ava�� E%hibit B A concrete riverwall was constructed in 1923 during the conshuction of the Northern States Power High Bridge generating plant. The discharge and intake tunnel system for the plant were a part of the riverwall. In 2008 most of the tunnel system and the oid intake building were sealed with grout. A right of entry permit was obtained from the ciry for that work. During that work Xcel Energy determined that additional maintenance and repaus were required for the riverwall. To do the riverwall repair work Xcel Energy will need to temporarily fence off a work azea between the wall rail and trail for public safety and security. People, vehicles and equipment will have to cross the Samuel H. Morgan trail to access the wark azea Xcel is warking with the MN DNR and USACE for pemrits required for Works in Waters. The contractor will be responsible for any other local pemuts such as curb crossing. Both paved trails are to remain unobstructed, except for short fimes when equipment or cement trucks are crossing the trails. A flag person will be on duty during any cement or grout trucking. All planted trees will be protected within the site area. Some scrub trees and bushes that are affecting wall integrity will be removed. The trail will be proYected with plywood when crossing with heavy loads or with items that could damage the surface of the trail. A silt fence will be installed along the riverwalL The work will occur from the river or within the work area. If portions of the railing need to be removed for access to the work they will be stored safely and xeinstalled in their prior condition. The following work is to be accomplished . Repair a crack within the two old (units 1&2 and units 3&4) discharge tunnels. This wark will be done primarily from the river. . Fill the void space under the two old discharge tunnels. This work will be done from the river and the grouting will occur within the work area above. . Soil alongside the riverwall will be solidified with the injection of grout. The grouting equipment will be within the construction fence. . A reinforced bulkhead will be installed on the river face of the two old discharge tucuiels. The wark will occur at the river and the cement will be delivered from the work azea above. . The river face of the cement riverwall will be patched both ahove and below the river level. The work will occur along the river side of the riverwall. • In some areas within the wark area soil will be excavated to expose the riverwall tie-back system for repair. The excavations will be within the fenced area to protect the public. . The concrete cap at the top of the riverwall will be repaired in selected areas. Once the work is completed the work site will be cleared of conshuction debris, temporary fencing and controls, and fine graded. Xcel Energy will self-perform application of seed and straw mulch fabric blanket for stabilization. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n nl� ti�►�ICi � �/�_�, .� DepartmentlOffice/Council: Date Initiafed: � FS —FinancialServices p1 SEP2009 Green Sheet NO: 3080997 Contact Person & Phone: �eparhnent Sent To Person Ini4a� BfUCe Enqelb2k[ � 0 �uauciai Services Bruce En eibrekt QQ 266-88`.y1 1 arks and Recrea6on Michael Flahm �� 2 Attorne Lisa Veith Must Be on Council Agenda by (Date): Number 3 �� m� M et Kelt For Routing < G Doc. Type: OTHER (DOESNT FIT ANY Order 5�►+i o0K CATEGORI� ��,-��.��VE� E-Document Required: N Doeumerrt Contack ` �� pp9 Conqct Phone: Total # of Signature Pages _(Clip AI{ Locations fw Signature) Adion Requesled: Approve administra6ve order authorizing a license agreement between the City and Xcel Energy for Xcel's temporary crossing of the Samuel Morgan Tmil. RecommendaGons: Approve (A) or Reject (R): Personal Service Co�tracts MustMswer the Following QuesGons: Planninq Commission 1. Has this person/firm ever worked under a contract fw ihis deparlment? CIB Committee Yes No Civii Service Commission 2. Has this person/firtn ever been a ciTy employee? Yes No 3. Does this persoMfirm possess a skill not nortnally possessed by any curtent cily employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): ' Xcel Energy will be repairing and maintaining a concrete river wall on property Xcel owns along the Mississippi River neaz the High Bridge Plant. The projec[ will require crossing the Samuel Morgan Trai( throughout ihe day for a period of several weeks to access theconshuctionazea. Advantages If Approved: The City will receive funding for a temporary use of sections of the trail. Any damage done to the trail and surrounding pazk property will be restored to its original condition or better. DisadvanWges IfApproved: None, unless Xcel wete to fail to comply with the terms of the license. Disadvantages If Not Approved: The City would not receive revenue for Xcel's temporary use of the trail for this projec[. Xcel would be unable to access their property for this repair project except via the river. Total Amount of $500.00 Transaction: CostlRevenue Budgeted: Funatoy source: Xcel Energy AMivity Number. Finaneial lnformatiOn: D0j70sit: (Explain) $250in GL-160-11070-4301 $250in GL-365-13100-5399 September 21, 2009 4:08 PM Page 1