91-1520 ��\ �' (`���
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RE$�LV'r��N '� �� ' Green sheet �k i>>a2
CITY OF SAINT PAUL, MINNES�OTA
Presented By
Referred To Committee: Date �/�
Resolved, that the Council of the City of Saint Paul does hereby approve the Agreement between
the City and the Burlington Northern Railroad Company, pertaining to the replacement of WESTERN
AVENUE BRIDGE N0. 92236, City Project 8-1095; and the proper city,officials are authorized and
directed to execute the Agreement on behalf of the City of Saint Paul, a copy of said Agreement
to be maintained on file in the Office of the Department of Finance and Management Services
Yeas Nays Absent Requested by Depa ' ment of:
Dimond �
_�oswitz —'
Long �-- Public Works �
Maccabee �
Rettman -"
Thune �-
Wil on _ By: Thomas J. Eggu�i, Director AW/7-23-91
G �
Adopted by Council: Date AUG 2 � 1991 Form Ap ved by C�ty At orney
Adoptio Certified by Council Secretary gy;
By: App ov by Ma f'or bmission to
AUG 2 2 1991 c°"n i
Approved by ayor: Date •/,
By: gy; s���,T/
PU�IISNED AUG 31'91
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�.��NT�F� �►,�.�►,� GREEN HE T No.s>>4z
Public Wor�cs,Brid�es July 23,1�91 T MR�,�
corrn�cr r�r�av s� c:c�xrc+� � . .
Arthur Werfhauser 292-6320 �ss�a cm�rrorw�v cma.�wc
MUST BE ON COUNCN.IKilEENDA BY(OAlq �T�11F0� T OIfECT!OR FN.�1qL BERVICEB DfF.
MAYOR{�i A�B�'TANi) &•�•
TOUL N OF YIGNATURE PAGE��_ (CLI/ ALL IOCAli01M F011 MOMAiYII� � DEPARTMENTALA�COU19'iNNT
RCTION FiEQUEBT� �
Approve an AgreemeM between the Ciy of Saint Paul and tho BurNng�on No�tham Railroad �uil�izs tfio propar cky offiaals to sfgn
the AgrsemeM.
�coMM�a►ra�,s:�.w a a.�t� p�aso�u►� s�av+c� c�rrru►crs M iuwrr�a �ae Rouowiao au��ne�r+s:
_PLANNW(i COUAM18810N _CNIL 8ERVK:E CaAMISSION 1. F�s�a paraaYlknl wor wak�d uildn a 1or 1Ms d�par�K't
CIB C�AMtT'TEE YES 1�
— a. I�.dds p«.oN6rm w+w baan.ab �
A 37AFF _ YE8 M�
D�raiCT CouNCiL 3. Dws M�is pM+�orVMm pouws R N�NI not poaaMd br an�r�aurraN dty Nnployea9
SUPPORTS WHICFI COUNC�.OBJECTIVE9 � �
Eiipide ip�i�R�NN�a11 N� ��1 1��lN11 fFN�R
8@���IbO1t100d6
INfTIATIN(i Pt�BLEM.�JE.OPPOR'T1Ml (WF10.WHAT.WHEN.,��.,�,: RECEI V
The City of Seint PaW and tltie 8u�Naihem Raikad Company must have an approvod Apreon�eM the new �D
WESTERN AVE.BRIDGE PIO.62842 ov�er B.N.RR.cen be oon4riw�ted. A UG 2 �'
CITY q��R�E
Y
ADVANTAC�ES IF APPFiOVED:
The City wi�be able to proceed with the oonstruction of the Wesiem Awe.Bridpe No.62542 ov�er tl�e Bu Norlhem R.R.
DISADVANTAf�E3�APPROVED: '"�CEIV�p -
There wiN be no cross�at tl�e bridge bcation�gt the new Midpe is oansauded.
A � Os 1991
Mq
�"S OFFj�,E
oisiwv,wn�s�Nar,�ROVEO: ' �
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'k`.,
The City w�l be unable to consUua the new bridge. , .�
RECEIVED tifl�� R?�,p,�,�ch (� ,.,�-� :�
AUG 12 1991 �
�UC 0 71991
CITY CLERK
TOTAL AA�OUNT OF TRANSACTION : o C08T/REVENUE BUD3ETED( RCLE ONEj _ �
FUNDING SOURCE ACRVITY NUYBER
Fiw►roca�x�wr�unor�:��uirq ��
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Western'Ave. Br. No. 62542 - B.N. �
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1. The City or its authorized agent, shall make all engineering surveys, prepare the
plans and specifications for the construction of a permanent prestressed concrete I-beam
bridge, advertise and receive bids for the work, award the c�ntract for the construction of
said bridge and administrate and inspect the construction contract for the bridge. Payments
to the Contractor shall be made by the City or its authorized agent. The plans and
specifications shall be subject to review and approval of the �ompany's Chief Engineer, or
his designated representative, before bids are received for th$ contemplated work, and it is
mutually agreed that neither party shall make any subsequjent changes in the approved
plans and specifications without first receiving the approva�l of the other party. Nothing
provided in this Agreement with respect to said Plans and SpQCifications shall be construed
or deemed to be a ratification or an adoption by Company of �aid Plans and Specifications
as its own.
2. The Cit shall etition the Minnesota De artmen of Trans ortation for a roval of
Y p P t P PP
the plans and specifications for the new bridge and grade sep�ration in regard to clearance
and safety regulations.
3. The City shall require in any contract let covering the aonstruction of said bridge, as
contemplated by this Agreement, that all work to be don� by the Contractor on the
Company's right-of-way shall be performed in accordance with the provisions of "1708
RAILROAD-HIGHWAY PROVISIONS", Minnesota Department bf Transportation's "Standard
Specifications for Highway Construction", dated January 8, 1 g88, as amended January 2,
1991, except that the Contractor shall make his own arrangeme,nts and secure all necessary
permits �and the Company's approval to haul materials or equip�ment across the tracks of the
Company, over private crossings or for storage of materials or I�equipment on property other
than that noted in Paragraphs 9, 10 and 11 of this Agreement. li
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Western Ave. Br. No. 62542 - B.N. ;
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4. The City agrees that in any contract let covering the re�noval and construction of said
bridge, as contemplated by this Agreement, it shall require un�ier the terms of said contract
and specifications that the Contractor will furnish a separat� Railroad Protective Liability
Insurance Policy to the Company in accordance with the p,rovisions of "1708.2 Liability
Insurance", Minnesota Department of Transportation's "Standard specification for Highway
Construction", dated January 9, 1988, with the limits of said pQlicy not less than Two Million
Dollars ($2,000,000) for all damages arising out of bodily injunies to or death of any person
or persons and for all damages arising out of loss or destruct�ion of or injury or damage to
property in any one occurrence and, subject to that limit a total �or aggregate) limit of not less
than Six Million Dollars ($6,000,000), for all damages arisin� out of bodily injuries to or
death of any person or persons and for all damages arising out of the loss or destruction of
or injury or damage to property during the policy period. Said 'insurance policy executed by
a corporation qualified to write the same in the State in which� the work is to be performed
shall be in the form and substance satisfactory to the Compalny shall be delivered to and
approved by the Company prior to the entry upon or use of it� property by the Contractor.
The terms of said contracts and specifications shall also includ� that the Contractor meet the
requirements of "1714, Responsibility for Damage Claims", Minnesota Department of
Transportation's "Standard Specifications for Highway Con�truction", dated January 9, �
1988, modified to the extent that the Contractor shall providg the Company evidence of
Public Liability and Property Damage Insurance, in accordance!with the following:
A. The insurance shall cover the Contractor's Liability with, respect to bodily injury to or
death of persons, and injury to or destruction of property, which� may be suffered by persons
other than their own employees, as a result of their operations, in performing work covered
by this Contract. '
- B. Where a Contractor sublets a part of the work on any project to a Subcontractor, the
Contractor shall be required to secure insurance protection in his own behalf under
contractor's public liability and property damage insurance policies to cover any liability
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� Western Ave. Br. No. 62542 - B.N. �
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imposed on him by law for damages because of bodily injury to or death of persons and
injury to or destruction of property as a result of work undertaken by such Subcontractors. In
addition, the Contractor shall provide for and on behalf of any such Subcontractor's
protection to cover like liability imposed upon the latter as � result of their operations by
means of separate and individual contractor's public liability amd property damage policies;
or, in the alternative, each Subcontractor shall provide sat�sfactory insurance on his own
behalf to cover his individual operations. j
C. The limits of liability for the Public Liability and Property Damage Insurance policies
prescribed above shall be not less than $500,000 for all damages arising out of bodily
injuries to or death of one person and subject to that limit for each person, a total amount of
$1 ,000,000 for all damages arising out of bodily injuries to or beath of two or more persons
in any one accident, and not less than $500,000 for all dama�es arising out of injury to or
destruction of property in any one accident and, subject to tha�t limit per accident, a total (or
aggregate) limit of $1 ,000,000 for all damages arising out of injury to or destruction of
property during the policy period.
D. The insurance coverages, as required, shall be in full force and effect before any
work or operations are commenced on railroad property, and shall be kept in full force until
all work to be performed under the terms of the contract has been accepted by the City.
The policy shall provide that in the event the insurance should be changed or
canceled, such change or cancellation shall not be effective until 15 days after the Company
has received notice of such change of cancellation from th�e insurance company. The
insurance coverage shall be executed by an insurer qualifiedj to write such policies in the
State of Minnesota.
5. The City shall require any contract let covering the removal of Bridge No. 92236 and
- the construction of said permanent prestressed concrete 1-bear'n bridge, as contemplated by
this Agreement, that the Contractor shall arrange for Company �lagmen, protective services
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Wsstern Ave. Br. No. 62542 - B.N. I
and devices and provide a special bond, in the amount of $�0,000.00 to the Company in
accordance with the provisions of "1708.3 Protective Services and Devices" and "1708.4
Special Bond Requirements", Minnesota Department of ', Transportation's "Standard
Specifications for Highway Construction", dated 1988.
6. The City shall give the Railroad's Division Terminal S�perintendent of the company,
or his designated representative, at least ten (10) days' notice in writing of its intention to
order the Contractor to enter the premises and right-of-way of�,the Company for construction
of Bridge No. 62542. Upon completion of the construction, t�e premises shall be cleaned
up in a condition satisfactory to the Railroad's Division Te�minal Superintendent of the
Company.
6A. The City shall require that should the Contractor in any way interfere with Railroad
operations or damage property during construction operation'is over Company's tracks and
right-of-way, the Contractor shall stop his work for a period of no less than 48 hours to allow
the Company to investigate the extent of damages and m�ke necessary repairs at the
Contractor's sole expense. No work shall proceed until autho�ized by the Company.
6B. The City shall designate a Project Engineer for con,struction administration of this
project. The City shall provide full time inspection during worl� hours of the Contractor. The
City shall police the Contractor to assure that the Contractor is operating in compliance with
the requirements of the Company. The City shall not allow any work over the Company
right-of-way unless a City Inspector is in attendance at the site and has approval of the City
and the Company as provided in this Agreement. The Corr�pany shall have a designated
staff member(s) visit the work site periodically to keep appris�d of the work and to keep the
Project Engineer informed as to Company concerns as work progresses.
7. The Company shall mark the location of railroad communication and signal facilities
- as made necessary by the construction of the project, as shown on the plan attached hereto
and made a part hereof and marked Exhibit "A". The Cor►lipany shall begin marking the
location of said facilities within 10 days of notice to begin work and complete all
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Western Ave. Br. No. 62542 B.N. �
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locations within one week of receipt of said notice. The location of the communication and
signal facilities constitute what is herein called the "Company� Location Work".
8. Costs for the "Company Location Work" shall be borne by the City.
9. The Company hereby grants to the City, without charge, a permanent slope
easement to use for placement of fill material, required for a change in the grade of Western
Avenue and which is necessary to provide clearance over th� tracks of the Company. Said
slope easement to be that area shown colored green on the �lan attached hereto and made
a part hereof and marked Exhibit "B". �
10. The Company hereby grants to the City, without ch�rge, temporary easements to
use for construction purposes, said temporary easements to ��e those areas shown colored
blue on Exhibit "C" and said temporary construction easert4ents to remain in effect for a
period of two years commencing on the date that the Compa,ny is notified by the City of its
intention to.order the Contractor to enter the premises and right-of-way of the Company as
noted in Paragraph 6 of this Agreement.
11. The Company shall permit the City's Contractor to have access to the piers via the
temporary easements and to cross the Company's tracks. �,The City will require that the
Contractor shall arrange for construction of 32 ft. wide plank crossings on the access route
at the Contractor's expense as required and approved by the Company. Such crossing
shall be covered by a temporary private crossing agreement between the Company and the
Contractor and that installation is to be made by Company forces who will also furnish said
planks.
12. The Company shall allow the Contractors, for the con�struction of the bridge, access
through Company property to the temporary easements and ri�ht-of-way.
13. The use of the temporary construction and acce�s easements by the City's
- contractor shall be with the provision that no interference witt� train movements, except as
� provided in Paragraph 14 of this Agreement, the Company's �i perations or safety, existing
permits or leases, or railway facilities shall result from such us�.
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14. The Company shall permit closure and removal of all traffic from the Company
tracks for removal of the existing bridge. The closure of the above track shall be for a period
� of four (4) consecutive hours per day for a period of one or two days, with at least 7 days
advance notice, commencing on the date that the Company is notified by the City of its
intention to order the Contractor to enter the premises and right-of-way of the Company, as
noted in Paragraph 6 of this Agreement. The time period for each day will be determined at
the discretion of the Company's�Terminal Superintendent. , �
15. The Company shall provide flagging for future inspections and maintenance of
Bridge No. 62542 at the reasonable request of, and at no exp�nse to, the City.
16. The City agrees that in removing snow from Western Avenue, it shall pertorm the
work in such a manner so as not to deposit the snow on the roadbed and tracks of the
Railroad.
17. The City shall require its Contractor to place protective cover over Company's track
and track bed during hours when removal of Bridge No. 92236 is actually being done, to
prevent debris from fouling Company's track and track bed.
18. Upon completion of said bridge, the City will maintain the entire bridge structure;
however, nothing herein contained shall be construed to relieve either the City or the
Company of common law or statutory liability, if any, for any damages to the bridge structure,
resulting from the operation of the railroad of the Company, or resulting from operations of
the City. In addition to the maintenance of said bridge, the City will maintain the bridge
approaches and the street right-of-way, including the back slopes, and concrete slope
protection. The City will control all drainage on its right-of-way, so as not to damage the
right-of-way or property of the Company.
19. This Agreement serves to cancel any other Agreement between the Company and
the City, covering the construction of Bridge No. 92236, which is to be removed as a part of
City Project No. B-1095D.
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' Western Ave. Br. No. 62542 - B.N.
IN WITNESS WHEREOF, The parties hereto have caused thi� Agreement to be executed by
their proper officers thereunto duly authorized the day and year first above written.
Approved as to Form: CITY OF SAIN�f PAUL
, �,���
A ' t City A ey Mayor
irector, Dep nt of ic Works Director, Dep�rtment of Finance
and Management Services
Burlington Northern Railroad Co.
� by: x � �UI3rlrtTC��zN��.
Attest:
e•.y�hcc� p.{,b i� wo�lcs
7/r7�9�
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