226061j-
ORIGINAL TO CITY CLERK
' CITY OF ST. PAUL COUNCIL NO i
FILE OFFICE OF THE CITY CLERK
COURCIL RESOLUTION — GENERAL FORM
PRESENTED BY /2
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 Minnesota, Department of
Highways, Agreement No. 54848 concerning the relocation of
city street lighting facilities along T.H. 35E on Fourteenth
Street, S.P. No. 6280 -89, Fed No. I 035E -4 (?,8) 113, a copy
of which agreement is herewith attached and marked Exhibit
"AV and made a part hereof by reference.
FORM APPROVED
sst. Cbrpmtion Counsel
GjID COUNCILMEN
Yeas Nays
Dalglish
Holland
Meredith
Peterson
Rosen
Mr. President, Vavoulis
10M 6-63
NOVA Im
Adopted by the Council 19—
pproved 19—
Tn Favor
b % , Mayor
Against
DEC 4
- 4260e, '
a
MINNESOTA HIGHWAY MPARTMENT AGREEMENT N0. �.
y , -54848
S.P. No. 6280 -89
Fed. No. 1 035E -4 (48) 113
Agreement between
The State of Minnesota,
Department of Highways, and
The _City of St. Paul, Minnesota••-'
Re: Relocation of /City Street h '
' ,/Lighting Facilities along T.H. 35E
on Fourteenth 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 Councii, bare-
; inafter referred to as the "City",
WITNESSETH= `
WHEREAS, the State has awarded a contract to construct a portion of
Trunk Highway 35E in accordance with plans and specifications designated as
State Project 6280 -85 and in the records of the United States Bureau of Public_
Roads as Minnesota Project No. 13SE -4 (49) 114 between Wabasha Street and
'Cvyuga Street in the City of St. Paul as part of the National System of Inter-
.
state and Defense Highways, and ','•. ;
EXHIBIT "Aii '
WHEREAS, said project consists of the grading, paving, and the con-
struction of bridges; and ;
WHEREAS, said construction necessitates the replacing of City owned
street lighting faoilities, along Fourteenth Street; and
WHEREAS, it is• desired that said street lighting facility-replacement .
be performed by the City with the State reimbursing the City for costs incurred'"
as hereinafter set forth; and
WHEREAS, Title 23, United States Code, Section 1239 (Federal Highway
Act of 1958) provides:
"When a State shall pay for the cost of relocation of utility facilities .
necessitated by the construction of a project on the Federal -aid primary or secondary '
systems or on the Interstate System, including extensions thereof within urban
areas, Federal funds maybe used to reimburse the State for such cost in the same
proportions as Federal funds are expended on the project. Federal funds shall
not be used to reimburse the State under this section when the payment to the
utility violates the law of the State or violates a legal contract betureen the
utility and the State. Such reimbursement shall be made only'after evidence, '
satisfactory to the Secretary, shall have been presented to him substantiating LL '
the fact that the State has paid such cost from its own funds with respect to s
Federal -aid Highway projects for which Federal funds are obligated subsequent
to April 16, 1958, for work including relocation of utility facilities", and
WHEREAS, Minnesota Laws 1959, Chapter 5009 Article II, Section 469 ,
subdivision 2 provides:
"4Jhenever the Commissioner of Highways shall determine that the relo-
cation of any utility facility is necessitated by the construction of a project
on the routes of Federally -aided State Trunk Highways, including urban exten-
sions thereof, which routes are included within the National System of Inter- �
state Highways, the owner or operator of such utility facility shall relocate
the same in accordance with the order of the Commissioner. After the completion
of such relocation, the cost thereof shall be ascertained'and paid by the
State out of Trunk Highway funds; provided, however, the amount to be paid by the '..
State for such reimbursement shall not exceed the amount on which the Federal
Government bases its reimbursement•for said Interstate System"; and
J r t •
• 5848 '
WHEREAS, Minnesota Latins 19599 Chapter 500, Article II, Section 46,
subdivision 19 paragraph 2 provides: ,
"Cost of relocation means the entire amount paid by such utility
properly attributable to such relocation after deducting therefrom any increase' ;
in the value of the new facility and any salvage value derived from the old
faoility"9 and
WHEREAS, Policy and Procedure Memorandum No. 30 -4, dated December 319
1957, duly issued by the U. S. Department of Commerce, "Bureau of Public Roads,
and made a part hereof by reference, requires a written agreement specifying the
work to be performed by a utility'company for which reimbursement from Federal
Funds is sought:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
This Agreement is made in accordance with and pursuant to said Policy
and Procedure Memorandum No. 30-4, dated December 319 1957, and any supplements
c►r revisions-thereto, and U. S. Department of Commerce Instructional Memorandum ;
30 -3 -61, dated May 89 1961, subject, however, to provisions of all applicable
State and Federal Laws and any other applicable laws or regulations. Said i
Memorandums, including arw supplements or revisions thereto, are as much a part ;
of this agreement as though fully set forth herein.
(a) The City shall replace the street lighting facilities which
were removed to permit trunk highway construction on S.P. 6280 -85, substantially
in accordance-with Exhibit "B ", attached hereto and made a part hereof. Said
Exhibit "B" shows the approximate location of the work to be performed by the
City hereunder. The City shall perform said work with its own forces, and shall
furnish all labor, material and equipment required in connection therewith.
5484$
ILA
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 • P orderly and expeditious manner.
(b) The City shall obtain a permit from the State to perform any
work upon the trunk highway right of way. Application for such permit shall be.'';
made to the said District Engineer on "Application for Utility Permit" form
No. 2525. The City shall also give the District Engineer of the Department of
Highways five days prior notice of its intention to start the work to be per-
, formed by the City hereunder.
• III ,
Except in case of an emergency requiring immediate action to safe-
guard persons or property, the City will have no right, after it has performed
the work contemplated by this agreement, to make any excavation or installation
within the trunk highway right of way for said Trunk Highway � -fo any purpose
whatsoever without a permit from the Commissioner of Highways. In case of an
emergency as defined in the next-preceding sentence, the City will immediately -
notify the Minnesota State Highway Patrol and take all necessary and reasonable • �
safety measures to protect the traveling public and will cooperate fully with the
said Patrol to that end.
IV
The City shall without cost or expense to the State maintain the
street lighting-facilities and appurtenances thereto relocated hereunder.
• y
After completion by the City of the work to be performed hereunder,
the City shall furnish the State with an itemized statement "alaiming reimburse-
ment for work performed hereunder.
-4-
edJULA
The statement to be furnished by the City shall show the actual cost
incurred by the City in performing the work referred to in Article II. It is
contemplated that the Federal Government will reimburse the State in the amount
of 90 percent of the relocation costs paid by the State to the City, The actual
cost of such relocation shall be determined by the State and the cost thereof shall ,
be paid by the State out of trunk highway funds, provided, however, the amount to
be paid by the State for such relocation shall not exceed the amount on which the
Federal Government bases its reimbursement for such relocation under said Policy
and Procedure Memorandum No. 30 -4;. It is expressly understood that the State may
pay up to 90 percent of the amount shown.on said itemized statement without prior
audit of the account by the Federal Government and without prior determination by
the Federal Government of the amount upon which it will base its reimbursement to
the State. It is further expressly understood that in the event that any amount' '
paid by the State is in excess of the amount upon which the Federal Government
bases its reimbursement, the City, upon notice from the State,! shall forthwith pay,
over to the State the difference between said amounts. ;' '•
The cost of relocation provided for in the preceding paragraph shall
mean the amount aid
p by the City properly attributable to such relocation after ,
deducting therefrom any betterment-, of the new facility, any increase in-value,' `
including but not limited to credit for extended service life, and any salvage
value derived from the old facility being relocated.
It is understood and agreed that the utility relocations provided for
herein will not extend the useful service beyond the time when the overall
facilities of which they are a part will remain in service.
All actual and related indirect costs of the City shall be accumulated
1. • , • • `� •' • ,, ' i • •
■
1�
54848
in accordance with its established accounting procedures. The City shall keep
its records of work performed and costs and expenses incurred in accordance with
said Policy and Procedure Memorandum 30 -4 in such manner that said accounts m y
be readily audited. -The work.to be performed by the City shall be under the
general supervision of said District Engineer,, and shall be
P ng , performed to his
satisfaction before payment is made by the State to the City as hereinafter ,
provided. ,
VI
Statements submitted by the City to the State for payment Sir work
performed hereunder shall be in septuple and contain thereon a certification by a
responsible City official to the effect that all of the items therein are true
and correct and have'been expended upon the work performed under the provisions
of this agreement.
It is estimated that the cost of work to be performed hereunder is in
89:92,
the sum of W9 is set forth in the attached cost estimate designated as +
Exhibit "A ". In the event it appears at any time that such cost will exceed
said sum, the City shall promptly notify the Utilities Engineer of the Department,
of 'Highways thereof in order that the.State may encumber such additional funds ;
as may be deemed necessary.
VIII
In the performance of the aforesaid relocation work, the Board, for
itself, its assigns and successors in interest, agrees to comply with all the
nondiscrimination provisions set forth in Appendix "A" attached hereto and made ;
a part hereof. For the purpose of the aforesaid Appendix "A ", the word '"Con- f
tractor" shall be taken to mean "Board" as used herein.
IX
The City indemnifies, saves and holds harmlessthe State and all of
its agents and employees of and from a
' ray 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.
yi
It is further agreed that any and all employees of the City, and all
other employees while engaged in the performance of any work or services required f
or provided for herein to be performed by the City, shall not be considered
employees 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 employees 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.
RI ° •�
Before this contract becomes binding and effective, it shall be
approved by an appropriate resolution of the City Council, and it shall also
receive the approval of the Bureau of Public Roads and of such State officers
as the law may provide in addition to the Commissioner of Highways.
54848 .
IN TESTIMONY WHEREOF the parties have duly executed this agreement
by their duly authorized officers and caused their respective seals'to be
hereunto affixed.
(City Seal)
Countersigned: CITY OF ST. PAUL:
Ci y Comptroller By
Mayor
Approved as to form: '
By
City Clerk
'
Corpora&ion Counsel
By
Commiss oner o DMIC wo rs '
5L"
DEPARTMENT OF HIGHWAYS STATE OF MINNESOTA
- Recommended for approvals " Commissioner of Highways
By
DisERct EfigMe-er- ' Engineer of g of lay
UtiliEles Engineer Date
Re o greemen
Approved as to form and execution: APPROVED: "
Commissioner of Administration
Special AMMER 1ATEorney Gene
`' By
=
Authorizea Authorize Signature
STATE OF MINNESOTA)
ss
COUNTY OF RAMSEY )
On this day of , 1965, before me personally
appeared ,o me mown o be the
Engineer of Ri-gHt oY Way, acting or a Commissioner of Highways of e SEaEe
of Minnesota, and the person described in and who executed the foregoing instrument...''
in behalf of the.State of Minnesota, and the Commissioner of Highways, and ;
acknowledged that he executed the same as the free act and deed of the State
of Minnesota. =
APPENDIX A
Non - Discrimination Provisions of Title VI of the Civil Rights Act of 1964.
V
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor "), agrees as follows:
(1) Compliance with Regulations: The contractor will comply with the Regulations of the
Department of Commerce relative to nondiscrimination in federally - assisted programs of
the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it after award
and prior to completion of the contract work, will not discriminate on the ground of
race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not
participate either directly or indirectly in the discrimination prohibited by Section 8.4
of the Regulations, including employment practices when the contract covers a program set
forth in Appendix A -11 of the Regulations.
(3) Solicitations for - Subcontracts Including Procurements of Materials and Equipment In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of materials or equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contrac-
tor's obligations under this contract and the Regulations relative to nondiscrimination on
the ground of race, color or national origin.
(4) Information and Reports: The contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the State Highway Department or the Bureau of Public Roads to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where
any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish .this information, the contractor shall so certify to the State
Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the State Highway Department shall impose
such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate,
including, but not limited to,
(a) withholding of payments to the contractor under the contract until the contractor
complies, and /or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor will include the provisions of paragraph
(1) through (6) in every subcontract, Including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions Issued-pursuant
thereto. The contractor will take such action with respect to any subcontract or procure-
ment as the State Highway Department or the Bureau of Public Roads may direct as a means
of enforcing such provisions Including sanctions for noncompliance: Provided, however,
that, In the event a contractor becomes involved In, or Is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the contractor may request
the State to enter into such litigation to protect the interests of the State, and, in
addition, the contractor may request the United States to enter Into such litigation to
protect the interests of the United States.
'
t1
CITY OF ST PAUL
STREET LIGHTING WAREHOUSE
COST ESTIMATE
'
August 17, 1965
Relocation of two mercury lighting standards: on
University
Ave., west
of
Twelfth St.
•
z
MATERIAL
"@
j
260 ft.'
Corlon, 2 inch
.21
54.60
70 ft.
Rigid conduit, 2
inch .
.462
32.34
2 ea.
Carlon ells
1.85
MO
330 ft.
Cable, # 4, 6o0v
.105
34.65
330 ft.
Cable', # 4, bare
neut.
,065
21,45
2 ea.'
Pull boxes
6.90
13.80
2 ea.
Pull box covers
7.75
15.50
Misc., tape, connectors'etc.,
4.00
180.04
2 yds.
Concrete
16.00
32.00
LABOR
212.04
•212.04
2 Electrical repairmen
32 hrs ea.
5.37
343.68
2 Electrician helpers"
32 hrs ea.
4.35
278.40..
622.08
622.08
,. EQUIPMENT
t
Truck #
72
32 hrs
1.00
32.00
Truck #
68
4 hrs
2.20
8.80
�•
Truck #
66 -
6 hrs'
2.40
14.40
j
Compressor
16 hrs
•.60.
9.60
64.80
64.80
Total
cost
898.92
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