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.