216349 � � �' q � p
� ORIGINAL TO CITY CLERK � ��_����`�J
. ° � " CITY OF ST. PAUL FpENCIL N�. ��°'"
, - � t � OFFICE OF THE CITY CLERK
° ,% COU IL RESOLUTION—GENERAL FORM
' PRESENTED BY �
� ��� /
COMMISSIONER DATF
13ESOLVED� That the� proper City offiaers are hereby
�• ' authorized and directed to exeeute and enter¢ into� on behalf
s3P the City of Saint Pav1� Cooperative Agreement No. 53946
between the �tate of Minnesota� Department of Highways� an.d
� � the City of Saint P�anl� pertaining to eertain plans prepara�ion
� by the Cityts consultant� Toltz, King, Duvall, Anderson �
�ssociates� and payment by �he State to the City of its prof
rata share of �he cost for preliminary engir�eering work in
. connection with drainage at Trunk Highway 94 ab.d_ Trunk Highway
280� copy of said Cooperative Agr�ement being attached hereto
• marked "�hibit A" and made a part hereof by reference.
Council File No. 218349 — By Miiton
Rosen—
Resolved, That the proper C 1 t y
� officers �are hereby, authorized Rand
directed to execute and enter into, on
behalf of the City of Saint Paui,
'Cooperative Agreement No. 53946 be-
tween the State of Minnesota, Depart-
ment of Iiighways, and the City of
Saint Paul, pertaining to certain plans
preparation by the City's consultant„
. Toltz, King, Duvall, Anderson &
Associates, and payment by the State
to the Cify of its pro rata share of
`, the cost for preliminary engineering
�� PiT 1"���V � / TrunkiHighway 94 an TrUnk Highway
280, copy of said Cooperative Agree- ._.� __ ___ -
1�' ,_, -, �., ' ment bein� attached hereto marked �- ' `- ' � '- '' �
� "Exhibit A' and made a part hereof by
ASSt. Corpor 'or� Cuunsel reference. • i �
Adopted by the Council January 24,
. 1964.
; Approved January 24, 1964.
' (February 1, 1964)
���j� JAN 2 419��
(/�' COUNCILMEN Adopted by the Councii 19—
. Yeas Nays
�,S
. � _ .
Holland pproved_JAN 2 4 19�'�� 19—
� Loss
' Tn Favor "
� Mortinson
' Peterson � Mayor
R,osen
Against .
Mr. President, Vavoulis
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DUrLICATE TO rRINTER ,
• � CITY OF ST. PAUL couNCi� �' ��'��
, ' OFFICE OF THE CITY CLERK FILE NO. _
� COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY I
COMMISSIONER pAJp
, I
RESOLVED� That the proper City officers are hereby
authorized and directed to execute and entere into� on behalf
Bf the City of Saint Paul� Cooperative Agreement No. 53946
between the Sta�e of Minnesota9 Department of Highway�� and
the City of Saint Paul� pertaining to certain plans preparation
by the City' s consultant� Toltz, King� Duvall� Anderson &
Associates� and payment by the State to the City of its pro..
rata sh�re of the cost for preliminary engineering work in
connection with drainage at Trunk Highway 94 and Trunk Highway
280� copy of said Cooperative Agreement being attached hereto
marked "Exhibit A" and made a par� hereo� by referenee.
�AN 2 41964
COUNCILMEN Adopted by the Council 19—
Yeas Ivays �q� 2 41�64
a g ish
Holland Approved 19_
Losa
Mortinson In Favor
Peterson (� Mayor
Rosen A gainst
Mr. President, Vavoulis
iort s-sz
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� , MINNESOTA HIGHWAY DEPARTMENT , AGREEPIENT N0.
� � 53946
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� � � DEPT. IDENT. ITEM • ALLOT. QTR.
FIIND AMOIINT ENCiJNN�.
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� EST. AM�T. RECEIVABLE S.P. No. (.
' $ Fed. Noo
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� � Agreement between ,
� The State of Minnesota, �
� Department of Iiighways, and •
� The Citv of St. Paul. Minnesota •
Res Drainage at Trunk Highway 9�, and
�I Trunk Hi�hway 280 junction area � -
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� COOPERATIVE AGREEN�NT
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� ' TAIS AGREF�MENT made and entered into by and between the State of ,
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i Minnesota, Department of Highways, hereinafter referred to as the "State",
f �
� and the City of St. Paul, Minnesota, acting by and through its City Council
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� hereinafter referred to as the "Citq",
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4 " WITNESSETH:
? • WFiEREAS the State is preparing plans for the construction in St. Paul
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� ' of a portion of Interstate Trunk Highway No. 94, and a portion of Minnesota
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� Trunk Hi hwa 280 from neax Ba less Place southerl to said Trunk Hi wa 4
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j � including a traffic interchange at the intersection of said highways; and
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' WHEREAS it will be necessary for the State to provide storm water
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! drainage facilities for said portions of said Trunk Highway 94 and 280; and
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53946
` WFiEREAS the construction of said portions of said trunk highways will �
;
• : also require the relocation of certain in place City owned combination
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' storm-sanitary sewers, and the construction of sanitary sewer diversion structures;
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' WFIE�EA5 the Ci�y is also in need of additional storm sewer facilities
, to service the northwesterly portion of the Cit
y (inclucU.ng the area adjacerrt
to said portions of said Trunk Highwayg 9L� and 280) and the City did by agreement
3� dated Se,ptember 18, 1962, engage the firm of Toltz, King, Duva11 and Anderson
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I and Associates to prepare a Preliminary Engineering Report for the purpose of
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determining the mos-E economical and practical plan for the City ,project (known
Ias the St. Arrthorry Park Storm Sewer Water Relief Set.Ter System; and
�7fiEREAS preliminary studi:es made by the State for an independerrt
system to drain the aforesa9.d portions of said Tru.nk Highways 94 and 280 and ,
� - to ,provide for the relocation of City owned combination sewers required as
Iaforesaid, and a stuc�y of the said Preliminary Engineering Re ort which
P was
� prepared for the City (which included a proposed joirrt izse sewer system
�
� to drain said portions of said trunk highways and City areas adjacerrt to said
; trunk highways, and the aforesaid sewer relocations) clearly inclicates that
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; the construction and maintenance costs of City-5`tate joirrt use sewer
� • syst ems,
! ' if so constructed, would result in considerable savings to both the State
i . and the City, and , ' �
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i �� j�IHEHEAS the aforesaid agreement between the City and its engineering
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. consultarrt, under which agreement said Preliminary Engineering Report was -
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' � ' � 539� �
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' prepaxed for the City and paid for by the City, also provides that said �
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consultant sha,ll prepare construction contract plans for such part of the pro- ,
posed sewer systrems as the City ma,y designate. The fee for such sewer plans �
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; preparation will be three percent of the cost of constructing such designated � !
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portion; and � �
� WHEREAS said engineering consultant, Toltz, King, Duvall, Anderson ;
jand Aasociates, is well qualified to perform the engineering sernices con- �
' templated by said agreement, and the City has in its employ profeasional '
� ;
' engineers who are particizlarly akilled in the supervision of the preparation
� of plans for the construction of the sewer tunnels required, but does not i
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�; have a force large enough to prepare such plans, it is desired that such �
� 3oint use sewer plans be prepared under the terms of the City's a�eement �
;
' with its engineering consultant,�with the State shaxing in the cost of suCh
� engineering services as hereina.fter set forth; and
I WFIEREAS :'test borings will be req�.ired at certain points along said
,
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� portions of said trunk highways to obtain data on the subsurface soil and rock '
! conditions upon which the design and elevation of the proposed joint use sewer
� tunnel will be based, it is contemplated that the �ity will make the necessary ,
, arraxlgements to have such test borings made by others, with the State sharing
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� in the cost thereof as hereinafter provided; and
; WHEREAS it is necessaxy to make field surveys to determine the
I location of such subsurface test borings and t�o prepare the plans contemplated
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' � herein, it is desired that such ground survey work be performed by the City
with the City forces, with the State sha.ring in the cost of such City work as
! hereinafter set forth; a.nd
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� WHEREAS aerial surveys are also required to locate buildings and other
, topographical features, including corrtours, necessary for the completion of '
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. said plans, it is contemplated that the City w3.11 make the necessary arrange-
' ments to have such aerial survey work performed by others, with the State
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sharing in the cost thereof as hereinafter provided; and
. j WHEREAS said portion of said Trunk Iiighway 94, designated as State
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� ' Project 62$2-50 (T.H. 91+) is a Federal Aid Project designated in the record�
� of the Federal Bureau of Public Roads as Minn. Proj. I-IG 094-3 (17) 235, it
; is contemplated that the Federal Government wi11 reimburse the State for a t
� part of th,e engineering costs paid by the State to the Gity hereunder.
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� IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
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' a. The City sha11 make the necessary arrangements �th its Consultarrt
� Engineer, Toltz, King, Duva11, Anderson and Associates, for the design and
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� preparation of complete contract plans, specifica�Eions, and cost estimates .
, for the construction of City-State joint use storm and sanitary sewer tunnels
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, and o,pen cut sewers and necessary appurtenances such as drop and operating
� shafts, san3.tary sewer diversion structures, and connections upon and along
; Trwnk Highway 280 from near Bayless Place southerJ,y'�to and including Trunlc
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Highway 94 intersection, and from thence southerly to the Mississippi River.
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? Attached hereto and marked "Exhibit A" is a sketch showing the general location
� and type of sewer� systems referred to above.
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, b. The City shall also arrange for the mak:i.ng of subsurface tQSt
� borings and aerial surveys by others that are required for the design and prepara-
; tion of plans for said joirit use sewer system. S�.ch arrangements shall be submitted
�
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to the State for, and rec.ei.ve the approval of the State before contracts are
awarded by the City for such work.
c. The City shall through its City Engineer and with City forces arid
. �
, equipment make the ground surveys requirec��in connection with the location of
test borings contemplated in the preceding paragra,ph (b), and other ground
' .surveys work necessary for the completion of the plans.
� � .
, d. - Duly authorized re,preserrtatines of the State and the Bureau of
; Fublic Roads sha11 have the right to inspect the work being performed herevnder
� from tame to time as the work progresses.�� The engineering studies, surveys,
� plans and estimates prepared hereunder shall be submi.tted to the State for
; final review and approval by the S`tate and the Federal Bureau of Public Roads..
, e. Said plans, specifications and esti.mates shall be completed within
i 7$0 calendar days af`ter receipt o�`notice in writing from the State to proceed
; with the work. It is understood, however, that there shall be no ca11 for
' bids or awards made for the construction of the aforesaid sewer systems until
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' an agreemerrt is er�ered irito between the City and the State relative to a
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_ division of construction costs between the City and the State. The State may
� extend the aforesaid time completion period upon written' request from the
jC3ty for unavoidable delays encountered in the performance of work or services
� required hereunder. The amount of �uch time extensions shall be determined
; by the Deputy Cku.ef Engineer of the Minnesota Department of Highways who is
' � hereby authorized to grant such time extensions by letter to the City.
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a. Upon completion of work and services to be done and performed in
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� ' . 53946 �
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accordance Frith Articl� I hereof the •State sha,ll pay to the City as the State's
j fl�ll share of the cost thereof the following amounts, to-wits
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� 1. For design and plans preparation work performed in accordance with
ipara�aph a., and for the making of subsurface test borings and for aerial
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� surveys performed in accordance with para�aph b., of said Article I the total �
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, sum of 529.900.00. (Said a.mount is prorated as follows: 59.4�6 or $17,760.00
� for work and services on Trunk Highway 94; and 40.6°fo or $12,140.00 for. work
�
� a.nd services on Trunk Highway 280e)
� j 2. For the making of field ground surveys by the City with its own
� forces in accordance with paragraph c. of said Article I amounts equal to the
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, � following percentages of costs incurred by the City in connection therewith:
t
i a, An amount equal to 40.0 percent of the direct labor chaxges of each
� and all employees of the City for the time that said employees shall be
! engaged in the work to be performed by the City hereunder. Said direct labor
, charges shall include the pro-rata sha.re of "labor additives" applicable to
�aid labor charges. Costs to the City of labor additives consisting of social
a security, holiday pay, vacation, sick leane, retirement, pension, unemployment
ta�es, compensation a.nd liability insurance, lost time chasges and similax �
! costs incidental to labor employment willibe reimbursed when aupported by
adequate records.
+ � . � .
• ; b. An amount to compensate the City for 40.0 percent of overhead costs
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. attributable to the ground survey work performed hereunder based dn a specified
� percentage of direct costs including labor additives, provided that the City
j� ' in its normal accounting procedures pronides for an overhead costs distribution.
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` . " 53946' . ,
c. It is estimated that the amou� to be paid by the State to the City
� for the mak3ng of said ground surveys is the sum of 2 000.00 (Said estimated
amount is pro-rated as follows: 59.4� or $1,1g8.00 for work and services on
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� Trunk Highway 9l+; and 40.6� or �812.00 for work and services on Trunk Highway 280.)
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, a. The estimated total amount that the S�ate will pay to the City for
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� work and services performed hereunder is the sum of• �31,900.00. In the event
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! it appears at ar�y time that the State's share of the cost of the work and services
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i being performed under the terms of this instr�unent is about to exceed said sum
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' . of �31,900.00 the City shall promptly notif� the Deputy Chi.ef Engineer of the '
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Minnesot�a S`�ate Highway Department thereof in order that the State may encumber
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� � such addit3.ona1 funds, as may be deemed necessary.
; b. The State will, upon request of the City, make partial paymett�s to
; the City �'or work and services performed based on the followl.ng schedule:
�
l. �10,z000.00 upon 50 ,percent completion of the plans to be prepared
', in accordance with a. of Article I hereof, plus the State's agreed share of the
� cost of ground survey work performed u,p to that time by the City in accordance
� . �
� � with c. of said Article �I. � �
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� 2. �10,000.00 when said plans hane been completed and have been
' approned by the Sta�e, p1.us the State's agreed share of any remaining costs
- of ground survey work performed by the City in accordance with said paragraph c.
of Article I. '
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° 3. The balance due the City under the terms of this agxeement at
such time as the City awa.rda a contract approved by the State for the construction
� of the storm sewer.contemplated herein. Payment by the State oi�' the balance
� due the City hereunder shall be subject to audit and approval thereof by �
; the State. The City shall keep such detailed records and accounta tha,t shall
` ; enable the City to submit to the State a detailed statement showing the
� amount due the�.City for work and services performed hereunder.
� •
� Statements submitted by the City claiming reimbursement hereunder
' shall be in septuple and contain a certification thereon by a responsible
,
; - City official to the effect that all items therein axe true and correct and
+ have been expended upon the work performed under the provisions of thi��s
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6greement. .
� IV
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In the event the City enters into an �.greement which will supplement y
the aforesaid a�eement entered into by the City with Toltz, I{ing� Duvall`,
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� Anderson and Associates for engineering servicea in accordance herewith, for
extra work or ser4ices required in connection with the preparation of plans
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for said joint use storm sewer systems, it is understood and agreed that the
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State is not obligated to pay any part of the cost of such e�tra work or -
services unless a supplement to thia Agreement is first entered into.
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' The City indemriifies, saves and holds harmless the State and all
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� 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
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' reason of the executiori or performance of the work provided for herein and
` �urther agrees to defend at its own sole cost and e�pense any action or '
;
� - proceeding commenced for the pu�pose of asserting ar�* claim'Lof wha.tsoever
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� character arising hereunder.
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� It is further agreed that any and all employees of the City and all '
f other employees while engaged in the performance of any work or services
� required or provided for herein ahall not be conaidered employees of the State,
� and that any and all claims tha.t may or might axise uder the Workmen's Compen-
� � sation 9ct of the St�te 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 enga.ged on
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any of the work or services provided to be rendered shall in no way be the
obligation and responsib�.ity of the State.
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� Before this Agreement.becomes binding a.nd effective, it shall be
approved by resolution of the City Council of said City and shall also receive �
� the approval of the Federal Bureau of Public Roads and of such State officers
�
1 as the law may provide in addition to the Commissioner of Iiighwa.ys.
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. ' IN TESTIMOrJ7C WHEREOF the pasties have duly executed this Agreement
, by their duly authorized officers and caused their respective seals to be �
i thereunto affixed.
� . , CITY OF ST. PAIIL
t Countersigned: `,
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, � B�, . .
' City Comptroller B�
� Ma,yor �
� �ttest: �
i By -
_ J By Commissioner of Public Works
jCity C rk
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iApprov d as to orm �
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By �`�C/�,
� CorpoTation Council
+ DEPAHTMENT OF HIGHWAYS: STATE OF NlINNESOTA:
,
Recommended for approval:
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Commissioner of Highways
iDistrict �hgineer •�
� ��te
I � Date of Agreement
Road Design Engineer
� Approved:
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� Commissioner of Administration
� Deputy Chief E4igineer .
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� Approved as to form and executions BY
; Authorized Signature
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�' Special Assistant Attorney General .
State of Minnesota
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