257713 OR161NAL TO CITY CLERK ('������(1
. CITY OF ST. PAUL FOENCIL N0, f ��
OFFICE OF THE CITY CLERK
, O ION—GENERAL FORM
P��T�BY � Roger M. Conway
COMMISSIONE pTF
RESOLVED, That tfie proper city officers are hereby autborized
and directed to execute on beE�alf of the City of St. Paul the
Agreement between tF�e C1tY and State of Minnesota, Department
of Higt�ways, said Agreement �v[�ict� provTdes for relocatPon of fPre
alarm factlitles �s Minnesota Highway Department Relocation
Agreement - S.P. 6283-2�+ �9�392) Ramsey County, Minnesota
ProJect � 09�-3 (61� 2�2 between Plum Street and Wh1te Bear
Avenue, City of Saint Paul , Depa�tment of Public Works Ag�eement
No, 57046.
A copy of said Agreement being attached hereto and
incorporatad F�erein by reference.
FURTHER RESOLVE�, That the costs lncurred, tn the amount of
$1700.00 by the City of St. Paul shall be charged to the P. I .R.
Fund code 6000 and this s�ne fund to be reimbursed by the
Mtnnesota Higt�way Department �nder the terms of thts agreament.
T"�j p-� � �y',''�.. .
sst . � ra Couns�;1
MAR 15 1972
COUNCILMEN Adopted by the Council 19—
Yeas Nays
-D•--� MAR 15 1972
�_�°A-,z� rove� 19—
Levine n Favor
Meredith �
Sprafka Mayor
�Against
Tedesco
Mr. President, McCarty ���
MAR 181�1'2;
��
. �
• �k ' S.P. 6283-24 �94=392) Ramsey County
. � Minn. Pro�. I 094-3 �bl) 21�2
� - " Between Plum Street and lJhite Bear Avenue
City of St. Paul, Dept. of Public Works
' Agreement No.570k6
��
RELOCATION A��MENT ��'
. ��
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ARTIC;.F I - PREAi,�LE -
THIS AGRE��NT na.�e by and between the State of N'�.nnesota, acting
by and through its Co�•ni.ssioner of Highways, hereinafter called the "State"
. anci the City of St. Paul, Minnesota, acting by and through �ts City Counci.l,
hereinafter cal.led the "Utility" .
�Y`ITi�iESSETH ^1 HAT:
F�R.:,AS, the State has prepared pl�ns and specifications and pro-
}�oses to let a contract for the construction of a pro3ect on the route of
Federal Aid Interstate Iiighway No. 9k, which route forms a part of the
Natior.al System of Intsrstate Highways, said pro,ject being identified in the
•records of the State as S.P. bz83-1+5; and the project being located betz•reen Plum
Street and 1Jhi.te Bear Avenue; and
WHEREAS, authorized o�£acials of the Federal High�ray Administration,
acting through appropriate agencies and de g�rtments, have approved the said
foregoing ti��k hightray construction project, and also a separate and distinct
utili.ty relocation project for utility facilities an Trunk Highway No. 91�,
from the east er� of the Sixth St,reet Bridge to TH 120 in Ramsey County, r�hich
project includes the ar.ea of the highway project, said utility projeet being
identified in the rec�rds of the State as S.P. b283-24 �d in the records
of the Federal Highway Administration �s Minn. Proj. I 091�-3 (61) 21�.2; and
j�iEREAS, certain facilities ow-ned and oparated by the Utility are
presently located �rithin the lir�its of said utility relocation construction project
and within the �limits of a highway right of wa�r; and
. Agreement No. 57046 �
WHEREAS, the State has determin�d that relocation of the facilities owned
and operated by Che Utility is necessitated by the construction of the pro�ect here-
inabove described and the Utility has requested to be reimbursed for such relocation;
and • '
� WAEREAS, the State requested the Utility to prepare 'its relocatian plans
and estimated cost to accommodate construction of the highway project on TH 94
pursuant to the terms of Preliminary Engineering Agreement No. 52933, said Preliminarq
Engineering project being designated in the records of the State as S.P.b283-16 and
��lso in the records of. the Federal Highway Adini-nistration as Minn. Proj . I094-3 (21)
242; and
WEiEREAS, Minnesota Statutes 161.46, provides for reimbursement to the
Utility for the cost of relocating faci�ities so located as hereinafter set forth; and
WHEREAS, Policy and Pr�cedure Memorandum 3Q-4, dated February 14, 1969 re-
. quires a written agreement specifying the work to be performed by a Utility for which
reimbursement is sought:
NO'W, THEREFORE, IT IS AGREED:
�
ARTICLE II - APPLICABLE LAWS POLICIES AND PROCEDURES
• This Agreement is made in accordance with and pursuant to Policy and
Procedure Memorandum 30-4, dated February 14, 1469 and Policy and Procedure Memorandum
30-4.1, dated October 1, 1969, both issued by the Federal Highwaq Administration, togethe:
with anq supglements or revisions thereto, subject, ho�vever, to the provisions of all
applicable State and Federal Laws and any other applicable laws or regulations. Said
Memorandums, including any supplements or revisions thereto, are as much a part of this
agreement as though fully set forth herein.
ARTICI.E III - PLAI3S
Attached hereto, �narked E�ibit "A" and made a part hereof, are comprehensive
and detailed plans indicating the facilities involved, their present and proposed loca-
tion. The Utility shall relocate such facilities in accordance with Exhibit "A". The
-�� � -2- . .
' ' ' Agreement No. 57045
Utility shall immediately notify the State's Utilities Engineer of all anticipated
'changes in their relocation from that shown in Exhibit "A". His approval of said
I��,changes is a prerequisite to reimbursemen�.
ARTICLE IV - ESTI�TE �
Lump Sum Basis. The reimbursable cost of �the work to be performed by
the Utility is On� Thousand Seven Hundred and No/100 Aollars ($1,700.00) . Attached
hereto, marked Exhibit "B" and made a part hereof, is a detailed and itemized
estimate of the cost of work to be performed by the Utility in relocating said
facilities. ARTICLE
ARTICLE V.- RELOCATION
Inspection. The actual work on Exhibit "A" shall be subject to the inspection
of the State's Field Engineer, Mr. R.C. Ingberg at Box 368, Forest Lake hereinafter
referrEd to as the "Engineer". All work shall be performed to the satisfaction
of the Engineer and State's Utilities Engineer and in accordance with applicable�
codes before final payment is made to the Utility.
ARTICLE VI - TIME SCHEDULE
Startin� Date. The Utility shall commence its work at the direction of
the Engineer. All such operations 'shall be under the direction of the Engineer, and
shall be coordinated with the highway contractor's operations. The Utility shall notify
the Engineer two days prior to commencing each phase of the work operation.
' Coordination. The Utility shall coordinate all xelocation work with the
oper�tions of the State's Contractor, and to the best interests of the State.
ARTICLE VII - PAYNiE:IT -
Oa Lump Sum Basis. After the completion of the relocation of said facilities
in accordance with Exhibit "A", the Utility shall furnish the State with 7 signed state-
ments of the herein agreed lump sum.
It is contemplated that the Federal Government will reimburse the State in the
amount of ninety percent of the agreed lump sum. Said sum shall be paid by the State out
of Trunk Highway funds, provided, however, the amount to be paid by the State for such
relocation shall not exceed the amount on which the Federal Government bases its reim-
'�"� bursement for such relocation. _,
I �
- � 4 � Agreement *.o. 57046
� j I�ischar�e of Ohli�ation
� .
IT IS FL'P,TFiER AGP.F.ED, ttiat the payMent of such sums as nrovided for above
s lall be settler.:ent in full of any and all damages, der�ands, clair�s, actions or causes
o action of any kind or nature whatsoever, that may arise out of tiie relocation of the
�ac3lities, as shown on F.xhibit "A". � � �
' ARTICLE VIII - �PIRED SEP,VICE LIFE • � '
There is no credit due the State for expired service life because the
relocation only involves segments less than one mile in length.
� ARTICLE IX - FL'TL'RE :�AIiTTE:'.A.*:CE
Upon completion of the relocation, the Ltility shall thereafter maintain
. ,..:such facilities .at its own expense. Should,. any. such maintenance require wor�:, on-_ , .
trunk highway right of way, the Utility shall first obtain a written permit fron
the proper authority, which application shall he acted upon pronptly and shall not
be unreasonably refused. The facilities shall not he serviced from the fiain road-
ways, ranps or loops of the trunk highway. Said permit shall contain reasonable
regalations relating to such �aintenance. The L'tility may open and disturb the
surface of the trunk highcaay ri�ht of t•�ay without a permit onlv where an emergency
exists tcat is dan�erous to the life or safety of the public and reauires imnediate
repair. The Ltility upon knowledge of such er�ergency, shall ir�mediately notify
the State Yighway Patrol. The Utility shall take all necessary and reasonable
safety measures to protect the traveling public, .and sl�all cooperate fully with
�the Highway Patrol to that end. Tlie L'tility in such event shall req_uest a per�:it
fron the proper authority not later than the second werking day thereafter.
ARTICLE XI - SAFETY
The L'tility and/or its Contractor shall at all times comply with safety
re�ulation (d) (6) of *1inn. Reg. Hi•ry. 33 during all their construction and r�ain-
tenance operations. In addition, each flagman shall be furnished with and carry
on his person a copy of the current edition of the State of ?'innesota, P,epartr�ent
of Highways, "Instructions to Flagmen" and shall observe the rules and regu]_ations
contained therein. The Utility and/or its Contractor shall furnish each fla��:an
-4-
�� . �
- • • Agreer�ent ;?o. 57046
with �t'he required vest, helmet, hand sign, flags and am� other necessary e�uinr..ent.
The above �rovisions shal2 not in any way relieve the I'tility and/or its Contractor
of any of their legal responsibil,ities or liabilities for the safety of the public.
. Copies of "Instruc.tions to Flagmen" may:be obtained. from the Engineer.
ARTICLE 4II - ;d0:�'DISCRI;•'.I::ATI0:1 . . . .
In perforr.lance of the aforementioned relocation of its facilities, the
Utility, for itself, its assigns and successors in interest, agrees to comply �•:ith
all the nondiscrimination provisions set forth in "Appendix A", attached hereto and
made a part hereof. For the purposes of this Agreement, as set forth in "Appendix A", �
the word "contractor" shall be construed to refer to ttie L'tility, and the word
"subcontractor" to the contractor employed by the trtilit}•, and "State Hi�Ii���ay Departr.;ent"
to the State. "AppendiY A" is applicable only in those instances iahere the L'tility does
not perforr.i the relocation work with its own forces.
ARTICLE YIII - :+.ISCELLA:dEOUS
Indemnification
The Utility indemnifies, saves and holds harmless the State and all of
its agents and employees of and from any and all claims, der�ands, actions, or
causes of action of cahatsoever nature or character arising out of or by reason of
the execution, performance or nonperformance of the work to tie perforr.ied by the
Utility provided for nerein and further agrees to defend at its o�m sole cost and
expense any action or proceeding commenced for the purnose of assertin� any claim.
of whatsoever character arising hereunder by virtue of the execution, perfornance or
nonperformance of the caork to be performed by the Utility as providecl for herein.
Certification of Conpliance with State Law -�
The State certifies that payment for the utility relocation as set forth
in this agreement is not in violation of the lac,rs of the State nor any legal contract
between the Utility and the State.
-S-
F �
�_
s
' ', Agree*�ent :•'o. 57(146
',I
Approval bv Council
Before this agreement becomes binding and effective, it shall be anproved �
by resolution of the City Council and shall also receive the approval of the Federal
Highway Adminj.stration and of such State officers as the law may provide in addition .
to the Commissioner of Highways.
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�Z
-6-
�
• 57046
k
i .
' • •
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IN TFSTI".O.�Y ,•Jt!E�:I:OF, the partj.es have duly executcd this Agreer�ent
y their duly authorized of£icers �nd caused their respective seals to be hereunto
.. affi:ced. . , . � �
(City Seal) CITY OT' ST. PALTI. -
By
_ tlayor .
�y �
C ty C _er�c
APPRO�'ED: COUP�TEP.S IC:I�D:
Commissioner o Pub ic ��,or�cs � • City Comptro er
Approved as to form and execution ' •
Assi o a ion Counse
� -7-
Form 2561-A Rev. (12-66)
Recommended for Approval: S.P. 6283-24 (94 392)
County Ramse�r
Minn. Pro3. I �94--3 (61) 2�.2
District Engineer
Company �� OF ST. PAUL
UtiLities Engineer STATE OF MIATNESOTA
Couunissioner of Highways
Executed by the State in the B�,
Presence of: Director of Ri�ht of TrJay Gperations
STATE OF MINNESOTA )
COUNTY OF )
On this day of , 19 , before me personally
appeared , to me known to be the
Director of Right of 4�Tay Operations acting for the Commissioner of Highways of
the State of P4innesota, and the person described in and who executed the fore�oing
instrument in behalf of the State of Minnesota,and the Commissioner of Highways
and acknowledged that he executed the same as the free act and deed of the State
of Minnesota.
Approved as to Form and Execution:
, 19 Approved• __
Co�missioner of Administration
Specia]. Assistant Attorney General By
State of Minnesota Authorized Signature
Form 25252(6-71) �
' . , APPENDIX A
Non-Discrimination Pr�ovisions of Title VI of tt�e Civil Rights Act of 1964.
�
Uuring the per`ormance of this ccn:ract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor"), ayrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally-assisted programs of
the Department of Cornmerce (Title 49, Code of Federal Regulation, Part 21, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
� this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the ground of race, calor, or
national origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not partic�pate either directly or
. indirectly in the discrimination prohibited by Section 21.5. of the Regulations, including
employment practices when the contract covers a program set forth in Appendix "A", "B" and
,.C„
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relat+ve to nondiscrimination on the ground
of race, color or national origin.
(�l) Information and Reports: The contractor will provide all information and reports required by
the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by ihe State Highway Department or the Federal Highway Administration ta be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to the State Highway Department, or the
Federal Highway Administration as appropriate, and shall set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
' nondiscrimination provisions o this contract, the State Highway Department shall impose such
contract sanctions as it or the Federal Highway Administration may determine to be _�,
appropriate, including but not limited to,
(a) witFblding of payments to the contractor under the contract until the contractor
complies, and/or
(t�) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor will include the provis+ons of paragraph (1)
through i6) in every subcontract, including pr�curements of materials and leases of equipment,
unless exempt by the Regulations, order, or instructions issued pursuant thereto. The
contractor will take such action with respect to any subcontract or procurement as the State
Highway Department or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, howsver, that, in
the event a contractor becomes involved in, or is threatened with, iitigation with a
subcontractor or supplier as a result of such direction, the contractor may request the State to
enter into such litigation to protect the interests of the State, and in addition, the contractor
may request the United States to enter into such iitigation to protect the interests of the United
States.
, �
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������� BAYFIEL� ST.` � � ^., �
new c.,ca��t�c�roat ,-- _�, t� ��. ��ow�s� c.a..�.
�.�cHec��Y � � A��,�r�v-� 570�-6 SP 6��3-zg-
. , S.P. 6�83-2� �94=392) .
� " • Minn. Praj. I 09�-3 (61)2/+2 .
, Agreenient No. 570�6
City of St. Paul State of Miru�esota
Dept. of �'ublic t;arks Hiohrray ]�psrtm�nt
, x;xhi bit �►B,�
.: . . •. , Estimate of Costs •
Material . .
Wire - �10 cop�rcl�ui $200.00
Miscellaneous material 22.00
Equi�ent
Truck - 55 hours � 2.00/hr. 110.00
Labor
General Foreman - 15 hrs. � �
Foreman 24 hrs.
Electricians 96 hrs. •
Hel�rs t�0 hrs.
184 hrs. @ $7•60 �l, 6� 8.O�J
Total Lu�tp Sum
Estimate $1,700.00
.
h'ork Sur�nax�v
l. Res�ring wire in alley north of Huason Rd. from riaple to Earl.
2. Restring wire north of Suburban - west of Earl to Earl and
Burns Streets.
3. Out o� Termi.nal 1.375 - 6 pairs to Beech Telephone Exchange to
be tied i.n the Telephone Exchange to the existang portion of
circui.t B� 27.
1�. Removal. of circuit on Earl between Hudson Rd.� and alley south
of McLean.
5. Removal of circui� from 2�.aple to �4cLean and Bates.
� 25��13
DIJ*LICAT6 TO lRIN'RR
, CITY OF ST. PAUL �uNCi� NO
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL F4RM
P���► � Re�r M. CaM� DATE.
COMMISSIONER
ltESOLYED, That ths proper eity o1'ticsrs ar� h�nby a�tio�isrd
and dlr�ctad to exscute on behalf of the City of St. P,wl ths
A�ra�nt b�tMSen t!►� Ci ty snd State of Minnesota, Daparta�snt
of Hf�ra�►s, iafd 119ne�ent which providss for rolocatton of fire
slarai faciliti�s is Mt�n•sota Hi tw�rsy DapartaASnt Ratocation
11qrNw�nt - S.P. 6383-2b (94�392; Raws�y County. Minnesota
� P roJ�ct I 094-� (61) 2�2 b�twesn P 1 ua� St ro�t aind Wh t te Ma�
Ava+w. City of Ssint Paul . D�partwent of Publia Ybrks Agrw�ent
No. S70h6.
A copp of satd A�raaant b�tn9 attach�d hanto and
tneorporat�d h�r+�ln b�r nfer�a�w.
FURTMER ItESOLVEO, That the cost: Ineurr�d, in ths aw�uit of
$1T00.00 by tha Ctty ot St. Paul shall bs charged to tha P.I.R.
F�d p� 6000 a�d thi: saia� fupd to be rst�rsed b�r th�
Nianssota Ni�hw�,r D�partwsnt undor ths t�n�s ot thts a�r�snt.
�R 151972
COUNCIL�EN Adopted by the Counci� 19_
Yeas Nays
,�„ I�IAR i 5 1972
�„� Approv� 19—
.
�°�e Favor �
Meredith ���,
Sprafka (�
A aninat
Tedesco
Mr. President, McCarty