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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. ��RM pR�v , unse orpo ti c 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 �� 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 �� . �� . 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 . - 2 - � �� � 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. • . _ 3 _ � � . 56791 . . �. 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. _ k _ . � 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. � _ 5 _ � . 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 - 6 - � . . � 5b79�. • � 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 � — 7 — . 5b791 . 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 . ` g � . -. 56?�1 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 - 9 - -� , . 5b791 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!� • �- 10 — / � � ; , � � -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. � t_ , . 11 . 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 � 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 �� f