Agenda - Council - 04/26/2005 - Laserfiche WebLink

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CASE # CONSIDER INDEMNIFICATION AGREEMENT WITH SHINGOBEE BUILDERS TO PLACE STORM SEWER THROUGH THE BNSF RAILROAD RIGHT OF WAY By: Brian Olson Assistant Director of Public Works q Background: Thc plans for storm xvater improvements within Ramsey Town Center include three pipe crossings of the Burlington Northern and Santa Fe Railway ("BNSF"). Plan sheets are attached to this case illustrating these crossings. The "BNSF" requires that any one cntcrilag onto on or constructing facilities within its property obtain a license for such xvork. At the present time two of these three storm water crossings have been installed. An indcnmification agreement was executed in December of 2004 between the City and S hi ngabce Builders, general contractors for Ramsey Town Center, in which the City has agreed to obtain a the necessary license and that Shingobee Builders will perform and be responsible for the work. Attached to this case is a draft of an indemnification agreement which similarly makes Shingobce responsible for this third crossing. The terms of this agreement are similar to thc terms of the ilrst agreement and require that the pipeline be constructed at Sh ingobce's sole cost and expense. Upon execution of this agreement Shingobee shall reimburse tiao City for the BNSF license cost of $5,250.00 and $1,500.00 for BNSF construction inspection costs. The City will be solely responsible for all of the rcquircments o f the pipeline license after the completion and acceptance of the project. Recommendation: StatT recommends that the City enter into the proposed indemnification agreement with Shi ngobce lbllowing review and approval by the City Attorney. Action: Motion to authorize the City to enter into the proposed indemnification agreement with Shit~gobcc following review and approval by the City Attorney. Reviewed By: t'ublic Works Director/Fire Chief City Attorney CC: 04/26/05