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227109ORIGINAL lb CITY CLERK 22,710 9` CITY OF ST. PAUL FOENCIL NO- OFFICE OF THE CITY CLERK „COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONEQ 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, Department of Highways, Agreement No. 54940 concerning the relocations of fire and police alarm facilities related to T.H. No. 3, between Concord Street and Annapolis Street, S.P. 6245 -02 (3 =115), a copy of which agreement is herewith attached and marked Exhibit "A" and made a part hereof by reference. 1 M COUNCILMEN Yeas Nays Dalglish Holland Loss Meredith Peterson '�tasen- Mr. President, Vavoulis IOM 6-62 D Tn Favor Against FEB 21966 Adopted by the Council 19- EEB 21966 Mayor PUBLISHED 5 a DUPLICATE TO PRINTER CITY OF ST. PAUL FILE ILE NO 9971 OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER 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 Hinnesota, Department of Highways, Agreement No. 54940 concerning the relocations of fire and police alarm facilities related to T.H. No. 3, between Concord Street and Annapolis Street, S.P. 6245 -02 (3115), a copy of which agreement is herewith attached and marked Exhibit "A" and made a part hereof by reference. COUNCILMEN Yeas Nays Dalglish Holland Loss Meredith Peterson -6sUff - Mr. President, Vavoulis font 6.0 In Favor Against F E B 2196% Adopted by the Council 19— FEB 21966 Approved 19— Mayor • 1� .0m y MINNESOTA HIGHWAY DEPARTMENT AGREEMENT NO. 54940 S.P: 6245 -02 (3 =115) AGREEMENT between The State of Minnesota, Department of Highways, and The City of St. Paul, Minn. Re: Relocations, Fire & Police Alarm Facilities Between Concord St. and Annapolis Street UTILITIES RELOCATION AGREEMENT 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, Minnesota, acting by and through its City Council, here- inafter referred to as the "City", WITNESSETH: WHEREAS, the State has prepared plans for the construction of Trunk Highway No. 3 between Concord Street and Annapolis Street in the City of St. Paul; and WHEREAS, the construction of said Trunk Highway No. 3 will require the relocation of certain City owned police and fire alarm facilities; and WHEREAS, it is proposed that said police and fire alarm facilities be relocated as required by said construction, and 'it is desired that said relocations be performed by the Cityq with the State reimbursing the City for cast incurred by the City as hereinafter set forth; and 9 EXHIBIT "A" Y 54940 i� NOW,,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: The City shall relocate its Fire and Police Alarm facilities as required by said Trunk Highway No. 3 construction. It is understood that the City shall coordinate its work with the work to be done by the State's Contractor, and shall cooperate with him to the end that the work of both will proceed in an orderly and expeditious manner. The City shall without cost or expense to the State maintain the Police and Fire Alarm facilities and appurtenances thereto relocated hereunder. The estimated cost of the work to be performed by the City is $791.73. Upon the completion of the work to the satisfaction of the State and presentation of an invoice in septuple, the State shall pay to the City $791.73. All work shall be performed to the satisfaction of the Project Engineer of the Minnesota Department of Highways before final payment is made to the City. The City shall commence such relocation upon notification of the State's Project Engineer and shall complete the work within 10 working days unless the State, in writing extends the time for completion. The City shall notify the State's Project Engineer two days prior to commencing each phase of the work operations and shall also notify him as soon as possible after completion of each phase of work operation. -2- " OA` 54940 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 execution or performance of the work to be performed by the City provided for herein and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of what- soever character arising hereunder by virtue of the execution or performance of the work to be performed by the City as provided for herein. It is further agreed that any and all employees of the Cityq and all other employees while engaged in the performance of any work or services required or provided for herein to be performed by the City, shall not be considered em- ployees of the State, and that any and all claims that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said em- ployees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the work or services provided to be rendered herein shall in 'no way be the obligation or responsibility of the State. Before this contract becomes binding and effective, it shall be approved by an appropriate resolution of the City Council, and of such State officers as the law may provide in addition to the Commissioner of Highways. LE �3- 1 � 54940 IN TESTIMONY WHEREOF# the panties have duly executed this agreement by their duly authorized officers and causes their respective seals to be hereunto affixed. (City Seal) Countersignedt �I City Comptroller Approved as to form: . Corporation Co' -4- CITY OF ST. PAUL: By Mayor By City Clerk By Commissioner of Public Works DEPARTMENT OF HIGHWAYS Recommended for approvals District Engineer Utilities Engineer •Approved as to form and executions Special Assistant Attorney General STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) 54940 STATE OF MINNESOTA Commissioner of Highways By Right of Way Engineer Date Date of Agreement APPROVED3 Commissioner of Administration By Authorized Signature 0 On this day of , 19669 before me personally appeared , to me known to be the Road Design Engineer, acting for the Commissioner of Highways of the State of Minn- esota, and the person described in and who executed the foregoing instrument in behalf of the State of Minnesota, and the Commissioner of Highwaysq and acknowledged that he executed the same as the free act and deed of the State of Minnesota.