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230483ORIGINAL TO CITY CLERK 8 X43 CITY OF ST. PAUL FOENCIL NO. V _ OFFICE OF THE CITY, CLERK COUNCIL RESOLVTIOU,_GENERAL FORM PRESENTED BY /,2, COMMISSIONER ` /, ` V `^' y �✓'�' rr� DATE RESOLVED, That the proper officers of the City of Saint Paul are hereby authorized and directed to enter into an agreement with the State of Minnesota, Depart- ment of Highways, Agreement No. 55175,covering the in- stallation of a new traffic control signal system and street lights and the removal of existing signals at the intersection of T. H. # 61 and Burns Avenue, a copy of which agreement is herewith attached and marked Exhibit "A" and made a part hereof by reference. FORM 14PPROVED COUNCILMEN Yeas Nays Carlson Dalglish Holland ���"`--��� --In Favor Meredith Peterson Against Mr. President, Byrne WT 111966 Adopted by the Council 19._ OCT Approved 19 Mayor 4 � ti ri ��� ►ili � {F% X22 I d DUPLICATE TO PRINTER PRESENTED BY COMMISSIONER- CITY OF ST. PAUL FIOENCIL NO. 23()483 OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM Robert F. Peterson DATE - RESOLVED, That the proper officers of the City of Saint Paul are hereby authorized and directed to enter into an agreement with the State of Minnesota, Depart- ment of Highways, Agreement No. 55175,covering the in- stallation of a new traffic control signal system and street lights and the removal of existing signals at the intersection of T. H. # 61 and Burns Avenue, a copy of which agreement is herewith attached and marked Exhibit "A" and made a part hereof by reference. IMT 111966 COUNCILMEN Adopted by the Council 19— Yeas Carlson Nays UCT Y 11966 Dalglish Approved 19 Holland In Favor Thomas R. Byrne Meredith Peterson Mayor Against Trdesco-_ Mr. President, Byrne X22 st AGREEMENT NO. 55175 THIS AGREEMENT-made and entered into-by and between the State of. Minnesota,'Department of Highways, hereinafter referred .to as the "State ", and the'City of St. Paul, hereinafter referred to as the" "City ", WITNESSETH: WHEREAS, it is considered mutually desirable to provide a new traffic control signal system and street lights and remove the existing signals at the intersection of Trunk Highway 61 and Burns Avenue; and ,WHEREAS, the City will participate in the•cost., maintenance and- operation of said signals and street lights; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall prepare the necessary plans, specifications and proposals "and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supply to the controller, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The State shall install or cause the installation of an actuated signal with mast -arm indications and street lights and remove the existing signals at the intersection of Trunk Highway 61 and Burns•Avenue.' + Estimated Cost - $30,000.00. City's Share - fifty percent (50%). (S.P. 6220 -37) 4. Upon completion'of the work provided for in paragraph 3 hereof, the City shall pay the State the City's share of the actual Construction Cost EIM six percent (6 %) of such share as the City's share of the cost of Engineering and Inspection. X• �L i b i 'i' - i i i r Ab 5. In the event thatthe State shall contract for the performance" of the work provided for in paragraph 3 hereof, any City license required to.- perform electrical work within the City shall be issued -to the State's con= tractor at no cost to the contractor or the State. Electrical inspection fees-' shall be not more than those established by the State Board of,Electricity in the most recent recorded Electrical Inspection Fee Schedule. 6. The City shall install or cause the installation of an adequate electrical power supply to the service pole including.any necessary extensions of power lines, and upon completion of said signal and street light installation shall provide necessary electrical power for their operation at the sole cost and expense of the City. . 7. Upon completion of the work contemplated herein, the City shall maintain and keep in repair the traffic signals and street lights at its sole cost and expense. 8. The City indemnifies, saves, and holds. harmless the State and all of its agents and employees of and from any and all claims,.demands, actions,or causes of action of whatsoever nature or character arising out of, or'by reason of, the performance of any work by the City provided for hereby, and further agrees to defend, without cost or expense to the State, its agents or employees, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of the work-to be performed by the City. :- 9. Any and all persons engaged in the aforesaid maintenance work to be performed by the City shall not be considered employees�of the State and any and all claims that may or might arise under the Workmen's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the State. The City shall not be responsible under the Workmen's Compensation Act for any employees of the State. Agreement No. 55175 (Sheet 2 of 4) 10. The City shall prevent by adequate policing'any stopping, V standing or parking of vehicles.prohibited by Sections 169.3/. and. 169.35,•••, Minnesota Statutes Annotated, on all trunk highways Within its limits. It shall also prevent the installation or cause the removal of gasoline pumps located on trunk highway right of way, and all other obstructions and,signs, prohibited by Sections 160.27 and 169.07, Minnesota Statutes Annotated, upon or along any trunk highway through the City. _ 11. The City shall not revise by addition or deletion any component part or sequence of the signal as installed without prior approval of the State. Any parts or components used in maintaining the signal shall be equal in all respects to the original equipment or shall be approved by the State prior to their use. 12. All timing of all traffic control signals provided for herein -shall be determined by the State, through its Commissioner of Highways, and no changes shall be made therein except with the approval of the State. i i i Agreement TTo . 55175 (Sheet 3 of 4) CITY OF SAINT PAUL By _ Mayor By City Clerk By " Commissioner of Public Works Dated: COU19ERSIGNED: ~ APPROVED AS TO FORM: Tty Attor y lives RECOMMENDED FOR APPROVAL: Traffic Engineer, Dept. of Highways = District Engineer, Dept. of Highways ' APPROVED: i Assistant Director of Operations S Department of Highways i •- STATE OF MINNESOTA .� By Commissioner of Highways t Dated: APPROVED AS TO FORM A14D EXECUTION: APPROVED: OF ADMINISTRATION: By Special Assistant Attorney General Dated: Agreement No. 55175 (Shoot 4 of 1, ) • 3