253747 � OIPI6�NAL TO CITY CI.HRK 253'7�`7
, - CITY OF ST. PAUL HOE NCIL NO.
O E HE CI CLERK
COU I O ION NERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED, Tha.t the proper City officers are hereby authorized
and directed to execute an Agreement between the City of Saint
Paul, acting through its Department of Public Works, and the
Minnesota Highway Department pertaining to construction on I-35E-4
between West Seventh Street and Duke Street.
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COUNCILMEN Adopted by the CounAc�� -- �a 19�a 19—
Yeas Nays
Butler Ap o�� a a �971 19—
Caxlson
Levine Favor
wR_--���-
Sprafka Maqor
Tedesco ���st
Mr. President, McCarty 4 �97�
AI�K �
p[TBLISHED
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S.P. b280--115 (35�=390)
� Mir.n. Proje I 35�%-4 (66) 110
Bet}reen ��Iest 7th St. and
Duke St.
City af St. Paul �� ,
Agreement No. 56791 �� .
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. AGENCY �`S1D IJTILI� RELOCA.TION AGpF�;?��NT
ARTICLE I - Pt2EAr�I.E
THIS AGFiE�NT made by and �etween the State of 2��innesota,
acting by and throt�gh its Commissianer af Highways, herei.nafter rei'erred
to as the "State" and the City of St. Paul, N�.innesota, acting by and
thro�gh its City Council, hereinafter referred to as the "Citg",
WITI`�ESSETH THAT:
WHEREAS, �he State has prepared plans and specifications and
proposes to let a con�tract on ��ay 28, 197� for the construction ol a
project on TI•unk xi�nway 35E whi_ch rou�e forrns a part of the idatianal
System of Ir�terstate Highways, sa.i.d pro�ect being identified in tY�e
records of the State as S.P. 62$t?�-2>, arid said project being located
between West 7th St. and Duke St. in St. Paul; and
�AS, authori�ed o£ficials of the Federal Highway Acir�.inistration,
acting through appropriate agencies and depa.�tments, have approved said
foregoing trunk highw�,y construction projeet, and also a separate and
distinct utility relocation project for utility facilities on Trunk Hi�hway
35E from ��dest 7th St. to Duke Street in St. Paul, which includes the area of
the highway pro�ect, said utility project being identified in the records
of the Sta�e as S.P. 6280-115 and in the records of the Federal HighVray
Administration as i�.inn. Pro�. I 35�-4 (66) 11�; and
, 56791
W�REAS, certain utility �acilities owned and operated hy the
City are presently located within the limits of said construction pro�ects
and within the limits of a highway ri�ht of way on Trunk Highw�y 35E; and �
WHE�R�,AS, the State has determined that relocation of the utility
. facilities owned and operated by the City is necessitated b3► the construction
of the project hereinabove described a,�d the City has requested to be
reimbursed for such relocation; and
WI-iEREAS, the City is not staffed or equipped to perform such
utility relocat3.on at this time, and a separate contrac� to be let by
the Citp for such relocation could result in interference w3.th the operations
of the State's contractor due to the proximity of the proposed relocation
to the axea in which the State's contractor will be working, the City has
requested that the Commissioner act as its agent for the purpose of relocating
said utility facilities; and
h�A5, the Co.�nissioner has determined that i.ncluding said
utility relocation �rork in the State's construction contract would eli.mi.nate
possible duplication of services and would facilitate coordination o�'
activities so as to generally simplif� and expedite the super�►ision and
construction of said _highway construction projects and �aould be in the best
interests of the State; and
WF�REAS, the City will reimburse the State for the work which
is not reimbursable as indicated on Exhibit "B";
WNEREAS, Policy and Procedure Memorandu.m 30-1�; dated February
14, 1969 duly issued by the Federal Highta�,y Administration, requires a
written agreement specifying the work to be perfornied by a utilit�r �or
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56791
which reimbursement is sought:
NOW, TI�Rr,FO:�E, IT IS kGREED
ARTICLE II - APPLICABI.� LkWS, POLICIES kND PROCEDURES .
Thi.s Agreement is rn�de in accordance with and pursuant to sai.d
Policy and Procedure Memorandum 30-/�, subject, however, to the provisions
of all applicable State and Federal Laws and any other applicable laws or
regulations. Said �Semorandum, including any supplements or revisions
thereto, is as much a part of this Agreement as though full,y set forth
herein.
ARTICLE III - AGENCY APPOIl�;T2YSENT �+IvD COIvS7`RUCTION PLANS
The City in connection wi.th the construction of the aforesaid
portion of Trunk Highway 35E does hereby appoint the Commissionei^ of
Highwags as its agent to perform the necessary reimbursable relocation
work on the City's utility facilities as indicated on Exhibit "B" herein-
after referred to as "Relocation R" and pursuant to 1�.S.A. lbl.k5, sub-
division 2, the City does hereby appoint the Commissioner to act as its
agent to perform the necessary non-reimbursable construction wr�rk on the
City�s utility facilities as indicated on Exhibit "B" hereinafter referred .
to as 'Betterment N. R.", in accordance with plans and specifications
designated as State Project 6280-115 on file in the office of the Corilmissioner
of Highways at St. Paul, Minnesota, and in the office of the City Engineer
at St. Paul, Minnesota. Said plans and specifications are made a part
hereof, with the same force and effect as though ful],p set forth herein.
Before the State�s Contractox� shall begi.n such utility relo.cations azzd•
betterments, the plans, specifications and special provisions therefor
- shall be approved by the City. •
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RRTICLE IV - KELOCATIOII
�.-� .�.
A.. Construction and Inspection
The Commissioner shall on behalf of the State and as agent for '
.- the City do and perform the followir�:
� Du1y advertise for bids and a�rard a contract for the construction
of Grading, Concrete Pavi.ng and Bituminous surfacing along Trunk Highway
_35E in Ramsey County in accordance with its plans and specifications therefor
designated as State Pro3ect.No, 6280-115 which pro�ect•.include construction
of City Utility.facilities as stated in Article II.
Supervise and have charge of the construction of said State
Project No. b280-115 including the construc�ion of Citq Utilitg facilitias
as a part of said State Project No. 6280-115.
_ Make �uch changes_ in_plan or the character of the work for said
City Utility facilities as shaLl be reco�►ended b� the engi.x�eer in charge of
`�` � the work if he concurs in such recommendations or as shall in the Cou�.issioner's
�:-���. __ 3udgment be reasonablv necessary to cause said projects to be in all things
constructed and completed in a satisfactory na.nner, to that end and as
supplemental to ar�y� contract let for the construction of said pro�ects to ,
. enter into for and on behalf of the �ity any supplemental agreement with
the contractor for the performance of any extra work or worlc occasioned by
ariy necessary, advantageous, or desirable change in plans. However, the
,�.:,_.-
Commissioner or his representative shall confer with the City or its
authorized representative before making any SLiC�l change in plans or enter
� �nto, ariy supplement .to the construction contract relatin� to said Cit�*
_ utility facilities.
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� 56791
• The City hereby authorizes the Construction Engineer and
Assistant Construction Engineer of the Departrnent of Highways acting
under the general supervision of the Comnissioner of t�Lighways for and
on its behalf ta determine and pass on the various and several items of
� extra work or changes of plan necessary or desirable during the construction
of the aforesaid projects and does hereby authorize said Construction
Engineer and Assistant Con�truction Engineer to enter into for and on
behalf of the City the supplemental agreements specified in the. preceding
para�raph hereof.
Do and perform on behalf of the City all other acts and things
- necessary to cause said projects to be completed in a satisfactory manner.
The construction of said City utility faci.lities shall be under
• the supervision and direction of the State, but the said work may be
inspected periodically by the City or its authorized. representative. If
the City, at ar�y time, believes said City Utility facilities have not been
properly constructed, or that the work is defective, the City shall
immediately inform the State�s Pro�ect En�ineer in writing of such defects.
Ar�y reco:rcnendations made by the City regarding the work performed under this
agreement_are not bindi.ng on the State, and the State shall have the
exclusive right to deterrnine whether the work has been satisfactori�y
performed by the State�s contractor, but all work shall be performed in
substantial accordance with the approved plans. �
B. Future P�faintenance �
After the State accepts the work the maintenance of said utility
facilities and appurtenances thereto shall be performed by the City with—
out cost or expense.to the State. �
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. 56791
ARTICLE V — PAY�SENT
The actual cost of said "Relocation R" sha11 be de�ermined on
a contract unit price basis. The City hereby authorized the Comaissioner �
as its agent to p�y the State�s Contractor directly for said utility
relocat;ions. It is expressly understood that, pursuant to M.S.A. 161.1�6,
the Cit�► shall promptJ,y reimburse the State for ar�y costs of such
relocation i.n which the Federal Government will not participate.
Tt is further agreed that the payment of such swns as provided
for above for "ftelocation R'� by the State shall be in full settlement of
a�y and all damages, demands, c�aims, actions or causes of action of any
kind or nature whatsoever that may arise out of the relocation of said
utility facilities.
The City shall pay to the State all costs incurred by the State
of "Betterment NR" in accordance herewith. In addition to the said
eonstruction casts, the City also agrees tQ pay to the State a sum equal
to eight percent of the total amount of such construction costs, it being
ttnderstood that said additional payment by the City is the City's
proportionate share of engineering costs incurred by the State in connection
with the work performed hereunder. -
It is estima.ted that the sai.d cost of "Betterment NR" hereunder
and the said 8 percent engineering costs incurred by the State 3.n connection
therewith will be approximately �8,001.29 as sho�m on Exhibit A attached
hereto. The City agrees to advance to the Cor�3.ssioner of Highways said
sum of $8,001.29 forthwith upon execution of this agreement and upon receipt
of a request from the State for such p�pm�nt. It is contemplated that all
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• � of the said wnrk as provided for in �aid plans, specificat�ons, and
..
special provisions in the a..foresaid construction of Trunk Hi�hway No.
35E is to be done by contract duly 1et on a unit price Uasis. Upon �
completion and acceptance of the work provided for in said contract
by the State and the preparation by the State of � final computation
determining the amount due the cantractor performir� the work, the
Conunissioner of Highways sha11 determi,ne an.d compute the ampunt due
the Trunk Highway Fund of the State of Minnesota hereunder from the
City. After the Commissioner of Highways sha11 have determined as
aforesaid the actual amount due from the �ity, he shall apply on the
pa.yment thereof as much as may b� necessary of said sum of $8,001.29
� pa3.d by the Cit9. If �;he amount found due from the City sha11 be less
than said sum of $8,001.29 �hen, and in that event, the balan.ce of
said swu shall be returned to the City without interest. If the amount
so found due from the City shall exceed the swn of $S,OOlo29, the City
agrees to promptJ,g pay the State the difference between the said amount
due and said sum of �8,001.29.
It 3.s further agreed that the aforesaid computation and
determination by the Cor�nissioner of Highk�ys of the amr�unt due from
the City hereunder sha11 be final, binding and conclusive. It is
further agreed that the acceptance by the State of the aforesaid completed
work provided for in said plans, specifications and special provision� to
be performed under contract as aforesaid sha11 be final, binding and
conclusive upon the City as to the satisfactory completion of the said work.
ARTICLE VI — EASFMENTS
The City shall, without cost or expense to the State, obtain a11
easements and construction permits that may be required in connection w�.th
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the construction to be performed hereunder outside of the limits of the
� .
TY�unk Highway right of w�y or City Street, and sha]1 prompt�y furnish
, the State with certified copies of such easements and permits. Ai�y '
matsrial to be abondoned within the limits of said State Pro�ect 6280-115
in connection with the aforesaid u.tility relocation shall become the
property of the State to be disposed of as it sees fit. �
ARTICLE VII — APPROVAL BY COUNCIL
Before this contract becomes binding and effective, it sha11
be approved by an appropriate resolution of the City Council and shall
also receive the approval of the Federal Highwa�y Admini.stration and of
such State officers as the law may provide in addition to the Commissioner
of Highways.
AIiTICLE VIII — G�RTIFICATION OF COi�II'LIANCE j�ll2`Fi STATE LAW
. The State certifies that payment for the utility relocation as
"set forth in this agreement is not in violation of the laws of the State
or ar�y le�al contract between the City and the State.
ARTICLE IX — EXPIf�,D SERVICE LIFE
It is understood and agreed that the replacement facility here
i.rivolved �rj.11 not remain in useful service for a longer period than the
existi.ng �facility would have remained in service, had the replacement not
been made. � '
ARTICLE X — I�IISCELLAI�TEOUS
It is further agreed that ax�y and all employees of the City
and all persons employed by the City in the performance of any work or.
services required or pro�►ided for herein shall not be considered employees
- of the State, and that ar�y and all claims that m�y or might arise under.
the Vlorkmen's Compensation Act of the State of Aiinnesota on behalf of
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said employee;; w'nile so engaged and any and all claims made by any
third parties as a consequence of ar�y act or omi.ssion on the part
of said City employees while so engaged on ar�y of the work or
services provided to be rendered herein sha11 in no way be the
obligation or responsibility of the State.
It is further agreed that an� and a1� employees of the
• State and all persons employed by the State in the performace of
ar�p work or services required or �rovided �or herein shall not be
consi.dered "er.:ployees o� the City, and th�t any and all claims that
may or might arise under the Worlanen�s Compensation Act of the 5tate
of t�Linnesota on beha,lf of said emplo�*ees s•rhile so engaged and any
and all clain�s riade by ar�y third parties as a consequence of any
" act or omiss9.on on �he part of said State emplayees wlzi.le so
engaged on arly of the ��or•k or. ser�*ices provided to be rendered herein
shall in no w*ay be the oUligation or respoz�sibiLity of the City.
ARTICLE XI — 1�Or3—DISCRI���II`1ATION
Th� State agx ees ta perfarm the vrork in accorda.nce with
hiinnesota St�itutes, Section 181.59
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IN TESTII�i0;�1Y j�.'��0�', the pa,rties have du�p executed this Agreement
by their duly authorized of�icers and caused their respective seals �o be hereunto
af fixed.
(City Seal) GITY OF ST. PAUL
}3Y
2dayor
By
Ci�y Clerk
APk'ROVED: CQUNZ�.�SIGIvTED:
Comxni.ssioner o� :PuUlic �°lorks City Co�nptroller
Approved a� to forl-n and execution
.FO APPRG✓ED
Assistant Corpora��ion Counsel
t. C o at on 'ou isa!�
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� � -56741
DEPARTf�'r;':T OF HIG}i���A:CS STA'I`E Or i•ffNr'E�OTA
Recommended for approval: Commissioner of liighway •
��
District �ngineer Director of Right of �Tay Qperat�ions
Recommended for apprc�val: Date
Approved:
Utilities Enoineer .
Approved as to form ��.nd execution:
Corrnni.ssioner of Acirrunistration
By �
Special As:J:istant Af,torr�ey Gc�neral
STAT'E OF I�ffP;�7�,SOTA ) Dated '
) ss
COUI�TTY OF RAP�ISEY )
On this day af _ 1971, before m�
personally appeared Lo me kno�m to be the
Director of Right of 4^Iay Operations, aciing i'or the Corynissioner of Highwa.�Ts of
the State of ;Sinnesota, and the person who executed tl:e foregoin� ir.strwnent in
behalf of the State of ,ii.nnesota, and the Comm.issioner of High��ays, �..�ld ac'.alo�rl
ledged that he executed the same as the free act and deed of the State of 3�Iinnesota.
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Agreement No. 56791
S.P. b28o--115 (35F%-39o)
Mi.nn. Proj. I 035�-4 (bb} 1�0
City of St. Paul - Minnesota Highw�p Dept,
� Exhibit "A"
Estimate of Costs
"Betterment NR"
Storm Sewer in James Avenue
Manhole (Structure A-221) Height - 8.5 Ft. Q $ �j8.00/I�`t. = $ 493•�
One Castin assemby � $100.00/ea. = $ 100.00
21a.2 Ft., RCP - Class IV - 21 i.nch � $ 12.90/Ft. _ $312].,BQ
�53 Ft., RCP - Class IV - 24 inch � � $ 11�.60/Ft. _ $3593•80
$71�08.60
Field Engineering - 0.08 x $7,l�O8.b0 = 2.6
City�s Total Estimated Cost - $8001.29
L
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Dy�LICATt TO lRIN7�it 2�3`74�
, , CITY OF ST. PAUL ��"� NO.
OFHCE OF THE CITY �LERK
" COUNCIL RESOLUTtON--GENERAL FORM
COM�M�IS�SION�It eA*°
RTS4LV8Y3, T'hat tha prop�tr �ity offic�rs � �u�t�y autbaa�.�ad
s�d dir�tad to �utt sa A�e+�C "bs� t�ha Cit�► �f Sa�actt
Paul. act�n� tba�h ita D�eparl�at o� Publ�c �oxks, �d t�s
�i�sota Hi�,q Dtpar�n� pt�aiat� �o caYt�tie�t ou T�3SE•4
bst�tn Wiat 8�trrtnth �tr�tst and �k� Strstt.
�eR a a �97�
COUNCILMEN Adopted by the Co�an� 19—
Yeea Naya
Bu�a� A�'R 8 a 1971
Carlson Approv� 19—
Lev�ne Tn Favor
,►�,._..a:..w
— � Mayor
sprafka ro�inat
Tedesco
Mr. President, MeCarty
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