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CR 94-35 Culvert Crossing Permit . , y 0 \ V A' . February 10, 1994 m Council Report: 94-35 -s- ~ o P K \ '" APPROVAL OF CULVERT CROSSING PERMIT NO. 28984 WITH THE C.P. RAIL SYSTEM Proposed Action. Staff recommends adoption of the following motion: "Move to adopt Resolution No. 94-17 authorizing the Mayor and city Manaqer to execute a permit with the C.P. Rail System for the installation and maintenance of culverts alonq Nine Mile Creek." Adoption of Resolution 94-17 and execution of the permit will set forth certain construction requirements, permit fees, and maintenance responsibilities for this culvert installation. Overview. The city of Hopkins has been attempting to get a culvert installed under the C.P. Rail crossing of Nine Mile Creek for over a year. The . City of Hopkins and the C.P. Rail System have recently reached and agreement on this culvert installation that will allow the culvert to be installed this winter. The next step in this process is to execute a permit with the C.P. Rail System stipulating the responsibilities of the project. Primary Issues to Consider 0 Is the project necessary? 0 What are the conditions of the permit? 0 Are the permit conditions reasonable? 0 Are there costs associated the permit? 0 How will the costs be funded? Supporting Information 0 Analysis of Issues 0 Resolution No. 94-17 0 Permit No. 28984 cfL ~if~ Lee Gusta son, ublic Works Director . . Analysis of Issues 0 Is the project necessary? This culvert installation is an integral part of an overall flood reduction project for Nine Mile Creek. If this culvert is not installed no flood reduction improvements will occur along the creek. 0 What are the conditions of the permit? A copy of the permit is attached. The permit includes all conditions pertaining to the installation of the new culvert. Major components of the permit are as follows: - The city of Hopkins will pay the C.P. Rail System $1,200 as rental for permission to do the work. - The City of Hopkins shall be responsible for all future maintenance of both the existing and proposed culvert. - Standard hold harmless language. - Termination clauses. 0 Are the permit conditions reasonable? . The conditions contained within the permit are reasonable. The conditions are also very similar to those included in culvert projects in other cities. The city Attorney has reviewed the permit, and has also found the conditions to be reasonable. 0 Are there costs associated the permit? The C.P. Rail System is requiring a $1,200 payment from the city in order to process the permit. The fee, as stated in the permit, is considered more of a rental payment for using their property to install the new culvert rather than an administrative fee. There is also a $20 fee required as a part of processing the permit. This fee is actually a bill of sale for purchasing the old culvert under the tracks. The C.P. Rails System uses this method whenever transferring responsibilities over to another agency. Total payment to C.P. Rail System is $1/220. 0 How will the costs be funded? The $1,220 fee for this permit was anticipated and will be paid out of the city's share of the project. The city's local share . is being paid out of the storm sewer utility fund. -.- - - ---- ---- . e CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 94-17 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PERMIT WITH THE C.P. RAIL SYSTEM FOR THE INSTALLATION OF CULVERTS ALONG NINE MILE CREEK WHEREAS, the city of Hopkins has determined that it is necessary to install new culverts along Nine Mile Creek; and WHEREAS, installation such as the culvert proposed under the C.P. Rail crossing requires a permit between the agencies involved stipulating the fees; construction details, and maintenance responsibility; and WHEREAS, the Nine Mile Creek Watershed District has determined that the installation of the aforementioned culvert would be in the best interest of the entire Nine Mile Creek Watershed district, . NOW THEREFORE BE IT RESOLVED that the City of Hopkins execute a permit with the C.P. Rail System for the following purposes, to wit: To install a new culvert and rehabilitate an existing culvert along Nine Mile Creek under the C.P. Rail crossing in accordance with the terms and conditions set forth and contained in Permit No. 28984, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such permit, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by the city council of the City of Hopkins this 15th day of February, 1994. By Charles D. Redepenning, Mayor ATTEST: . Jim Genellie, City Clerk ./' . . PIPE LINE CROSSING PERMIT NO. 28984 =============~================~===============================================~=== THIS AGREEMENT, made and ente~ed into as of the 1st day of Februa~y, 1994, by and between SOD LINE RAILROAD COMPANY, party of the first part, he~einafter called "Railroad Company", and CITY OF HOPKINS, party of the second pa~t, hereinafter called "Licensee". WIT N E SSE T H: 1. The Railroad Company grants to the Licensee permission to install an 84" I.D. diameter concrete line~ within an existing 96" #3 gauge corrigated iron tunnel at Railroad Survey Station 150+70 and to install a new 120" diameter Class V reinforced concrete pipe at Railroad Survey station 150+85, hereinafter collectively referred to as "Pipe line", extending upon and across the Railroad Company's property and tracks in the SE 1/4 SW 1/4 of Section 25, Township 117 North, Range 22 West at Hopkins, Hennepin ("nunty, Minnesota for distances of appwximately 100 feet at right angles to t:..::: Railroad Company's main track, as the same is located as of the date hereof, in the locations indicated in green and pink and in accordance with the details as shown upon the map hereto attached marked "Exhibit A", and specifications hereto attached marked "Exhibit B", at a depth of not less than 16 feet beneath the base of the rail of any railroad tracks located on said property, to be used by the Licensee exclusively for channel purposes subject to the conditions hereinafter set forth. . 2. The Licensee shall pay the Railroad Company the sum of $1,200.00, payable in advance as rental for the permission herein granted, and shall assume and pay all taxes and assessments that may be levied or assessed against the pipe line, or against the Railwad company's property by reason of the location of said pipe line thereon. This provision for payment shall in no way restrict the Railroad Company's right of termination under Paragraph 11 hereof. 3. The Licensee, after first securing all necessary public authority, shall at the Licensee's sole expense install and thereafter maintain the pipe line upon and across the Railroad Company's property and underneath any railroad tracks located thereon at the above described location, in a manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all laws, ordinances and orders of competent public authority now existing and future modifications thereof, so as not to endanger the safety of railroad or other operations upon said property and so as not to endanger the safety of the persons or property near or adjacent to the Railroad Company's property. 4. The Licensee shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other obstructions to the construction of Licensee's pipe line and shall indemnify Railroad Company for any and all liability for damage to the foregoing pipes, wires, conduits, sewers, piling or other obstructions, if any, caused ;JY the construction or maintenance of Licensee' 5 pipe line. The Railroad Company makes no representation by the granting of this license that its property is free of any such pipes, wires, conduits, sewers, pilings or other obstructions. . Permit No. 28984 page 1 of 3 - . 5. The Licensee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the pipe line underneath or in close proximity to any railroad track at the above described location before giving the Chief Engineer at least three days' written notice at his headquarters located at Minneapolis, Minnesota, and not until an authorized representative of the Railroad Company shall be present to supervise same. Upon bills being rendered therefor, the Licensee shall promptly reimburse the Railroad Company for all expenses incurred by it in connection wi th such supervision, including all labor costs for flagmen supplied by the Railroad Company to protect railroad operations, and for the entire cost of the furnishing, installation and later removal of any temporary supports for said tracks, which said Chief Engineer or his authorized representative may consider necessary while such work is in progress. 6. The Licensee at the Licensee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the pipe line, including change in location, as said Chief Engineer or his authorized representative shall for any reason consider necessary and require. The Railroad Company shall have the right, at its election, to make emergency repairs to the pipe line, and in such event the Licensee, upon bills being rendered therefor, will promptly reimburse the Railroad Company for all expenses incureed in connection therewith. 7. Maintenance and use of the pipe line upon and across the Railroad Company's property at the above described location, however long continued, shall 4IIrot vest in the Licensee any rights adverse to those of the Railroad Company. 8. The Licensee shall assume all risk af damage to or destruction of the pipe line through any cause whatsoever while located upon and across the Railroad Company's property, and shall at all times fully indemnify the Railroad Company against all liability, claims, demands, suits, judgements, costs and expenses by reason of loss or damage to property and injury to or death of persons whatsoever or whomsoeve r , in any manne r arising from or growing out of, directly or indirectly, wholly or in part, the installation, maintenance, repair, changing, renewal, existence or removal of the pipe line upon, across or from the Railroad Company's property at the above described location. 9. The waiver by the Railroad Company of a breach by the Licensee of any provision hereof, shall be limited to the act or omission cansti tuting such breach, and shall not constitute a continuing or permanent waiver. 10. The agreement or the permission herein granted sha 11 not be assigned or transferred by the Licensee in any manne r , by operation of law or otherwise, without the wri t ten consent of the Railroad Company. Subject thereto, this agreement shall inure to the benefit of, and be binding upon, the successors, assigns and legal representatives of the respective parties. II. This agreement shall continue in effect until terminated by either party upon thirty (30) day's written notice to the other party. Any notice given by the Railroad Company, hereunder shall be good if deposited in a Uni ted States post office, certified mail, addressed to the Licensee at the Licensee's last known .ddress. Permit No. 28984 Page 2 of 3 . . e 12. The Licensee at the Licensee's sole expense, within thirty days from the date of service of notice of termination as above provided., shall take up and remove said pipe line from the Railroad Company's property at the above described location and restore said pmperty to a condition satisfactory to said Chief Engineer. Failure on the part of the Licensee to do so shall constitute an abandonment of the pipe line by the Licensee, and the Railroad Company shall have the right to remove the whole or any part of the pipe line from said property and perform said work of restoration, and in either event the Licensee, upon a bill being rendered therefor, shall promptly reimburse the Railroad Company for all expenses incurred in connection therewith, plus fifteen percent. 13. The Railroad Company shall not be required to assume any portion of the cost of the construction of said pipe line or future maintenance thereof. 14. The Licensee at the Licensee's sole expense, shall fill and compact with dry sand two 3D" diameter cast iron pipes located at the location stated above at approximately Railroad Survey Station 150+95; said cast iron pipes are indicated in yellow on said "Exhibit An. The agreement between the parties hereto, or their predecessors, No. W-6668 dated May 26, 1960 is hereby terminated and superseded by this agreement. IN WI'INESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first above written. ~witnesses: SOO LINE RAILROAD COMPANY By Assistant Vice President Real Estate CITY OF HOPKINS By Its . NOT TO BE RECORDED IN PUBLIC RECORDS Permit No. 28984 Page 3 of 3