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226259ORIGINAL TO CITY CLERK • D!�'�� ' CITY OF ST. PAUL COUNCIL NO OFFIPE OF THE CITY CLERK FILE COUN L ESOLUTION- GENERAL FORM PRESENTED BY ,OMMISSIONER 4; 0 T V i - - 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. 54879 concerning the relocation of sanitary sewer facilities on Carroll Avenue at Fairview Avenue, S.P. No. 6282 -62, Fed. No. I 094 -3 (98) 236, 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 Rosen Mr. President, Vavoulis ions "2 pEC 101°, Adopted by the Council 19— DEC 1010 Tn Approv d 19— Favor -� �_ r Mayor — Against PUBLISHED DEC 1 g 1965 DUPLICATE TO HUNTER n9 olrlQ • CITY OF ST. PAUL COUNCIL NO _, 1 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 Minnesota, Department of Highways, Agreement No. 54879 concerning the relocation of sanitary sewer facilities on Carroll Avenue at Fairview Avenue, S.P. No. 6282 -62, Fed. No. I 094 -3 (98) 236, 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 Rosen W President, Vavoulis IOU s-112 In Favor l.J Against DEC 1015 Adopted by the Council 19— DEC 101M5 Approved 19— Mayor MINNESOTA HIGHWAY DEPARTMENT VVZO AGREEMENT NO. 54879 Le S.P. No. 6282 -62 Fed. No. I 094 -3 (98) 236 Agreement between The State of Minnesota, Department of Highways, and ; The City of St. Paul Minnesota Re: Sanitary Sewer Relocation on Carroll Avenue at Fairview Avenue 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 ", r WITNESSETH: WHEREAS, the State has prepared plans and specifications and proposes to let a contract for the construction of a project on Route No. 94; 'trli3.ch route forms a part of the National System of Interstate Highways, said project being identified in the records of the State as S.P. 6282 -80, in the records of the Bureau of Public Roads as Minn. Proj. I 094- ( ) ; and the project being located on Fairview Avenue at Trunk Highway 94; and WHEREAS, authorized officials of the Bureau of Public Roads have - approved said foregoing project; and WHEREAS, certain utility facilities owned and operated-by the City are presently located within the limits of said project; and EXHIBIT "A" �1 54,879 WHEREAS, the Commissioner of Highways has determined that relocation of the utility facility owned and operated by the City is necessitated by the con- struction of the project hereinabove described and the City has requested to be reimbursed for such relocation; and WHEREAS, the City is not staffed or equipped to perform said sanitary sewer relocation with its own forces at this time, it is desired that the said sanitary sewer relocation be performed by contract let by the City, with the State reimbursing the City for costs incurred as hereinafter set forth; and WHEREAS, Title 23, United States Code, Section 123, (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 may be used to reimburse the State for such cost in the same proportion 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 between the utility and the State. Such reimbursement shall be made only after evidence, satisfactory to the Secretary, shall have been presented to him substantiating the fact that the State has paid such cost from its ovm funds with respect to 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 500, Article II, Section 46, subdivision 2 provides: "Whenever the Commissioner of Highways shall determine that the relocation of any utility facility is necessitated by the construction of a project on the routes of Federally -aided State Trunk Highways, including urban extensions thereof, which routes are included within the National System of Interstate 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 m which the Federal Government bases its reimbursement for said Interstate System "; and -2- 54879 WHEREAS, Minnesota Laws 1959, Chapter 500, Article II, Section 46, subdivision 1, 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 facility ", and .WHEREAS. Policy and Procedure Memorandum 30 -4, dated December�31, 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: NOW2 THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I This Agreement is made in accordance with and pursuant to said Policy and Procedure Memorandum 30 -4, dated December 31, 1957, and any supplements or revisions thereto and U. S. Department of Commerce Instructional Memorandum 30 -3 -61, dated May 8, 1961; subject, however, to the provisions of all applicable State and Federal Laws and any other applicable laws or regulations. Said Memorandums, including any supplements or revisions thereto, are as much a part of this agreement as though fully set forth herein. II The City shall relocate the inplace 15 inch sanitary sewer on Carroll Avenue to 104 feet south across relocated Fairview Avenue to inplace Fairview and north to Carroll Avenue, substantially as shown on the attached Exhibit "B" and made a part hereof. The City, in connection with the above relocation shall: (a) Prepare plans, specifications and bid proposals therefore, . necessary for a proper solicitation for bids. Said plans and specifications -3- 54879 shall meet with the approval of the State before the City advertises for bids. (b) Duly receive bids and award a contract to the lowest responsible bidder for the relocation of said sanitary sewers in accordance with said plans and specifications, subject to concurrence in such award by the State. No construction shall be started until written contract award concurrence and notice to proceed with this work has been received by the City from the State. (c) Supervise the relocation of said sanitary sewers. Said work must be performed to the satisfaction of the District Engineer of the Department of Highways before payment is made to the City for costs incurred by the City as hereinafter provided. III 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 Now 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 performed by the City hereunder. IV 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 No. 94 for any purpose whatsoever without a permit from the Commissioner'of Highways. In case of an emergency as defined in the preceding sentence, the City will immediately notify the Minnesota State Highway Patrol and take'all necessary -4- 54879 and reasonable safety measures to protect the traveling public and will cooperate fully with the said Patrol to that end. '1 V The City shall without cost or expense to the State maintain the sans - tary sewer facilities and appurtenances thereto relocated hereunder: VI After completion by the City of the work to be performed hereunder, the City shall furnish the State with an itemized statement claiming reimburse- ment for work performed hereunder. The statement to be furnished by the City shall show the actual cost of 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.relo- cation shall be determined by the State and the cost thereof shall be paid by the State out of trunk higlDiay 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 the terms of said Policy and Procedure Memorandum 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 with- out 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. -5- 54879 The cost of relocation provided for in the preceding paragraph shall mean the amount paid 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 relocation 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 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 may be readily audited. VII Statements submitted by the*Bbard to the State for payment for 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, for accounting purposes, that the total amount to be paid to the City under Article II herein is the sum of $16,468.48 as set forth in the attached statement designated as Exhibit "A ". In the event it appears at any time that the cost to the State of the work to be performed hereunder, including engineering costs, is about to exceed said sum, the City shall promptly notify the District Engineer of the Department of Highways thereof in order that the State may encumber such additional funds as may be deemed necessary. 10 54879 Upon request, the State will make partial payments to the City for utility relocation work performed, not to exceed one partial payment in any one 30 day period, and providing that the statement submitted by the City requesting the partial payment be for an amount not less than $5,000.00. Such statement shall summarize the work performed for which the City requests partial payment. Upon receipt of such statement from the City; the State will pay 90 percent of the approval amount thereof; the retained percentage to be withheld pending audit after satisfactory completion of the utility relocation work provided for herein. ►' *y In the performance of the aforesaid relocation, the City, for itself, its assigns and successors in interest, agrees to comp * with all the nondis- crimination provisions set forth in Appendix "A", attached hereto and made a part hereof. For the purposes of the aforesaid Appendix "A ", the word "contractor" shall be taken to mean "City" as used herein. 0 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 whatsoever character arising hereunder by virtue of the execution or performance of the work to be performed by the City as provided for herein. -7- 54879 It is further agreed that any and all employees of the City, and all other persons employed by the City in the performance of any work or services required or provided for herein to be performed by the City, shall not be con- sidered 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. XI Before this contract becomes binding and effective, it shall be approved by an appropriate resolution of the 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. 5 54879 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 comptroller Approved as to form: r,ssr. Corporation Counsel DEPARTMENT OF HIGHWAYS Recommended for approval: DistricE EngiKeer Utilities gineer Approved as to form and execution: Special Assistant A—ftorney General STATE OF X=SOTA) ) ss COUNTY OF RAMSEY ) CITY OF ST. PAUL 0 BY Mayor By City C er By Commissioner of is Works STATE OF MINNESOTA Commissioner of Highways BY Engineer of RiggE of Way Date Da e of Agreement) APPROVED: Commissioner of Administration By Authorized Signs ure On this day'of , 1965, before me personally appeared to me known o e the Engineer of RigEE of Way, ac ing for the Commissioner of Highways of e Sae 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 Minne=sota. t. 54879 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 comptroller Approved as to form: r,ssr. Corporation Counsel DEPARTMENT OF HIGHWAYS Recommended for approval: DistricE EngiKeer Utilities gineer Approved as to form and execution: Special Assistant A—ftorney General STATE OF X=SOTA) ) ss COUNTY OF RAMSEY ) CITY OF ST. PAUL 0 BY Mayor By City C er By Commissioner of is Works STATE OF MINNESOTA Commissioner of Highways BY Engineer of RiggE of Way Date Da e of Agreement) APPROVED: Commissioner of Administration By Authorized Signs ure On this day'of , 1965, before me personally appeared to me known o e the Engineer of RigEE of Way, ac ing for the Commissioner of Highways of e Sae 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 Minne=sota. APPENDIX A Non - Discrimination Provisions of Title VI of the Civil Rights Act of 1964. ,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. Paul, Minn. DEPARTMENT OF PUOLIC 14ORKS EMMATE FOR CONSTRUCTION OF A SEWER � _,,I -r I o N4 On f-:-rorn A-z (C Bureau of Engineers 7-/ 19 6 7'!o /` / /z-7 Ia7 o (3 AX, 12 h 17, 4 X". I'7Z e fe —1 (0) Des"gn and Calculat Sewer'Engineer XL (0) Estimated Construction Cost I. I I 'r I Inspection .2% Eng i nee r i ng I o'l, -7 Estimated Total Cost 'W Estimated Assessable Frontage ft. Cost per front foot EX 1-11 B IT "."A lJ • • �' • f r; ' JY ���J �• O;J ���.r�.� /�l,.C•,ril /GAO � S~ .... .. . .. � ':.. - /moo y� � :. •. � • - �' ; ����� ' �- .... , Y. • 0 A W Cl. H A R T G "-V LENART- AVE. ����_ � S I;14o or CO 1.. 0 CAQJ;�OI-L- AVE. �.-F ..... T- I ^^ V\ .7-7 ft"',