226541ORIGINAL TO CITY CLHRK
PRESENTED BY
COMMISSION
CITY OF ST. PAUL COUNCIL NO. c)
OFFICE OF THE CITY CLERK FILE
COUNCIL*SOLUTION— GENERAL FORM
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. 1131 concerning emergency repairs to the Marshall Avenue
Bridge over the Mississippi River, a copy of which agreement is
herewith attached and marked Exhibit "All and made a part hereof
by reference.
F A PROVE �a �
Asst. Corporation' C
COUNCILMEN
Yeas Nays
w
Holland
Loss—
Peterson
Rosen
Mr. President, Vavoulis
font 6M
DES 31 A965
Adopted by the Council 19-
Q DEC 3110
tiPProv _ ty—
Tn Favor
J Mayor
Against PUBLISHED JAN 8196d
R
t.
s
DUPLICATE TO PRINTER n 25-5,11-
CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK
• COUNCIL RESOLUTION -- GENERAL FORM
►RESENTED BY
COMMISSIONER nATF
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. 1131 concerning emergency repairs to the Marshall Avenue
Bridge over the Mississippi River, a copy of which agreement is
herewith attached and marked Exhibit "A" and made a part hereof
by reference.
COUNCILMEN
Yeas
Nays
Holland
LOS,& -
Merus -iifir
Peterson
Rosen
Mr. President, Vavoulis
ions e-as
DEC 31196B
Adopted by the Council 19_
DEC 31 CIS
Tin Approves 19—
Favor
Mayor
Against
Extraordinary Ma3ntenanoe Agreement
Betwoon the State of M mesota►
and the City of Saint Paul
0
Trunk HighwVv in Saint Paul
M int- m moe Ape=ont No, 3131
THIS AGRWM made and entered into by and between the State of Mnnasota,
actin8 by and through its Coanmissicner of Highmys, hereinafter roferrod to as the
"State ", and the City. of St. Paul, Minnesota, hereinafter referred to as the
"City", WITMSETHi
WIM Ma Pursuant to Sootion 161.38 Minnesota Statutes annotated, tho City
}
and the State may enter into agroomants concoming the mintenanco of trunk highways
within the corporate limits of the City upon such terms as mad► be agrood upon; and
W10 =0 the City and the State did enter into an ageement dated July 2,
1965 and designated as Mintenanao Agreement Koj, 1102 whereby the City, in
comideration of an annual pe~ymant of,.$3,000 per mile for the fiscal year of 1966,
undertook to maintain and keep in good repair portions of pertain trunk hi,zvaya
within the corporate limits of the City, including that portion of Trunk Iiip,?ur3y
No. 212 designated in the Mirmsota State Highway Department records as Control
Section No. 6228 on 2arshall Avmme to tho West City Ltdtn; and
WHEREAS, Section 17 of the aforesaid Agreement No. 3.102 provides:
"It, howaver, shall not be the obligation of the Y=acipality under this
agreanent to do arty work which shall eonaist of mdraordinary mciintai=ce, bettermants,
construction or reconstruction. In the event that the State should desire the
I-Iunieipal.ity to do may such work the parties will enter into a separate agrecm ent
therefor "; and ;
WiiMMS, a recent routine inspection' of the Marshall Avenuo XA aissippi River
Fridge No. 6524 Indicated that the arch ring and one lateral strut of said bridSo
had boon hit and lounged by river traffic during high waters and
EXHIBIT "A" '
Maintm anco Agroownt No. 1131
�•r
v
I-ME =0 it fts connidcared necessary to place certain load rostriatiow on
said bridge to safeguard the traveling public over the bridge until the necos=r
repairs could be made to the dawgod bridge structure; and
WW yAS, it was considderod mutually desirable that both parties undm -take the
parfa m ance of the necessary wrganoy bridge repair work an the basis of the
tww and conditions hereinafter set forth.
NW,$ TH M7M, it In agreed as tol lwo t '
1
Citq forces and equipment shoU assist State forces in raking the necessary
imaodiate bridgre .ropaire to Bridge No. 6520 until such time that normal traffic
conditions can be restored to the bridge roadmV.
The estimmtod coat of the wataenar bridge repair work performed by the City,
including Dnencering Cots, is $2#500.
The State trill M the City an amount oq=1 to the actual cost of the emargonay
bridge repair work, place Oct such actual coots, the additional 6% boing an allowance
to cover inginemrlbg Costs, including supervision, inaapeation and incidental vapemes.
In all events the Stataas liability hereunder shall be limited to tho amount of the
Eotiamtod Costs stated above, 07►, to the arum of arr revised cost estilmte which
has boon approved bar the State.
Payment for work performed under this agremmt will be made by tho Stato upaa
submission by the City to the State of an invoice in triplicate luting all labor,
equipmont axed naterials used for the ranorgenaq bridge repair work, and each invoice
shaall contain a certificate bpr the City's Chief ESnginoor that all it<m of trcrk,
labor, mtearial and expowes axe oaenplete, true and correct and 'warms aotuaI3,y,
roasorsmbly and nooessarilq- o gwWed by than Car in the perfoMmnoe of the work
roquirod by this agreement.
r
c
2 �,
Wnteuanoa Agroment No, 1131
M
The parties do further agree, arWthing to tho cont=7 heroin nptwlthstaaling,
that the Co=d sionoar of Highmp of the State of Misr necotat aithor in his individual
or official capacity, ehall not be porsor&13,y responsible or liablo in arty miner to
the City for w claim, dwwnd, notion, or causes of cation of arm kind or ct=sater
arising out of or by reason cif the e=cution of this agreement or the nogligent
peorformancer and ccsrpl®tion Of the IV*rk . and IMVOVM0At0 P%P4 dod Pom hozroin or
arising Out of wW 'contrast let by► the City for the perform we of any of Cho' work
providod for herein.
'The City agrees to - ealvea haraloss the State, its gnp1oy►eos, and its
Co=d ,ssionvr of NigPtways from Wq and a '1 liability arising out of arq danage;s
resulting Prom or claimed to result from the negl igme of the City or its mpYoyces,
contraotors or subcontraotwa, in the performnce of this contract and the work'
provided for herein. ,
xv
AW and till eMlojoes Of the City 'chile migagod in the perfozmwo of arq
work or services required or provided for heroiii shall be considerod c oy-ow of
tho City .only and not of the Stato, and 'wq and all claims that may or might arise
undor the Workwnos CoMmmation'Aat of the Stato of I- Innasota on bnlu,lf of said
employees while so engraod and a ' and all cUimp made by arm third parties as a
consequence of wq &at or omission 6n the part. of said City- omployoon widlo so engagod
on arq of the work or aparvices, Vrovided,to,bs rwdorad , herein shall be then solo -
obligation Azad raspowib3lity' at 'the. City: s' ,
Nuintenanoo Agrc t No. Wl
IN TI STDWY t1III Wo the parties have duly amuted thia Agro� by their
duly authorisod officers and cauaed their respective seab to bo hereunto affixod.
Counterraignods CITY OF STI, PAUL
City Comptroller - Hwor
Atteat:
Cck=issionor of Public Worlu�
• Dane
City Clotirk
Approved as to Form
By '
Assistant City Attorn
APPROVED: STATE OF rffN MOTH
Chief Engineor Co=i sioner of
Departmont,of Ilighwaye k.
Recemxendod for Approvals
District Engineer
Maintenance Engineer
Approved as to Form arA Mmoutians
Spacial Aisistant, Attornaly Genowl