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215414ORIGINAL TO CITY CLERK PRESENTED BY COMMISSION O COUN%I CITY OF ST. PAUL ICE OF THE CITY CLERK RESOLUTION — GENERAL FORM 4 Lug I 4 COU FILENCIL NO. RESOLVED, That the proposed Preliminary Engineering Agreement, Utility Relocation, Agreement No. 53870, between the State of Minnesota, Department of Highways, and the City of Saint Paul, approved as to form by the Corporation Counsel, be and the same hereby is in all thirLgs approved, and the proper City officers are hereby authorized and directed to execute said agreement on behalf of the City. NA Yeas Nays Dalglish Holland Loss I Mortinsonlll Peterson Rosen Mr. President, Vavoulis 10Dt 6-62 FCouncil File No. 215414 — By Milton osen - in Prelim- Ina greement, Utility Relocation, Agreement No. 53870, be- tween met of eHighways,Nande the' Citya of i Saint Paul, approved as to form by the Corporation Counsel, be and the same hereby is in all things approved, i and the proper hereby authorized a City officers are nd directed to exe- City. cute said agreement on behalf of the Adopted by the Council November 8, 1963. Approved November 8, 1963. (November 16, 1963) 1 NOV g 1963 Adopted by the Council 19— NOV 8 1963 pprov d 19— Tn Favor � Mayor Against DUPLICATE TO•PRINTER • CITY OF ST. PAUL FILE No. NO. 3. _ OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED, That the proposed Preliminary Engineering Agreement, Utility Relocation, Agreement No. 53870, between the State of Minnesota, Department of Highways, and the City of Saint Paul, approved as to form by the Corporation Counsel, be and the same hereby is in all things approved, and the proper City officers are hereby authorized and directed to execute said agreement on behalf of the City. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10M B-62 Adopted by the Council 19— Approved 19 In Favor Mayor A gainst A DEPT. IDENT. MINNESOTA HIGHWAY DEPARTMENT ITEM ALLOT. QTR. FUND BST. AM'T. RECEIVABLE Agreement between The State of Minnesota, Department ofiHighways, and The City of S�. Paul, Minnesota Re: Preliminary Engineering for City Utility Relocations on Trunk Highway 51 along Snelling Avenue from Hewitt Avenue to Midway Parkway. 25414 S.P. NO. AGREEMENT NO. 53870 AMOUNT BNCUMB. i PRELIMINARY ENGINEERING AGREEMENT ' UTILITY RELOCATION J • THIS AGREEMENT made and entered into by and between the City of St. Paul, Minnesota, Lting by and through its City Council, hereinafter called the "City ", and the State of Minnesota, acting by and through its Commissioner of Highways, hereinafter called the "State ", WITNESSETH THAT: WHEREAS the State has prepared plans and specifications for the construction of Trunk Highway 51 approximately along Snelling Avenue from Hewitt Avenue to Midway Parkway in the City of St. Pack and WHEREAS the relocation of certain City -owned sanitary sewer facilities presently located in the vicinity is necessitated by the construction of said i - portion of said Trunk Highway 51; and 53870 WHEREAS the State is desirous that the City complete certain plans necessary for such relocation of said City -owned utilities and the City is willing to do so upon the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the foregoing and the provisions hereinafter stated, it is agreed as followse •I The City shall through its City Engineer, subsequent to execution of this agreement, perform the necessary preliminary engineering for the relocation of inplace City -owned utilities necessitated by the construction of the aforesaid Trunk Highway 51 in substantial accordance with preliminary plans prepared by the State for highway construction designated as State Project No. 6215 -30, Trunk Highway 51. II r A. Upon completion by the City of said preliminary engineering work, the State shall pay to the City the actual cost thereof computed as follows: 1)I An amount equal to the direct labor charges of each and all employees of the City for the time that said employees shall be engaged in the work b be performed by the City hereunder. Said direct labor charges shall include the pro -rata share of "labor additives" applicable to said labor charges,Qosts to the City of labor additives consisting of social security, holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental o labor employment will be reimbursed when supported by adequate records. f -2_ .S _ Viz; .. '�� ' � t `T. •; = ����'. � - 53870 .2) An amount to compensate the City for overhead costa attributable to the preliminary engineering work performed hereunder based on a specified percentage of direct costa including labor. additives provided that the City in its normal accounting procedures provides for an overhead distributioh. Said percentage shall not exceed five percent of the direct costs. B. Payment to be made by the State to the City hereunder shall be subject to audit and approval thereof by the State. The City shall keep such detailed records and accounts that shall enable the City to submit to the State a detailed statement showing the amount due the City for work performed hereunder. The statement submitted by the City claiming reimbursement hereunder shall be in quintupli,cate and contain a certification thereon by the City Clerk 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 understood that the State may pay up to 80 percent of the amount shown on said itemized statement without prior audit of the accounts. In the event, however, that any amount paid by the St I to is in excess of the ultimate gross amount found due, the City, upon notice from the State, shall forthwith pay over to the State the difference between said amounts. III A The estimated total amount that the State will pay to the City for work performed by the City hereunder is the sum of $600,00. In the event it appears at any time that the State's share of the cost of the work being performed by the City under the terms of this instrument ie about to exceed said sum of $600.00, -3- 53870 the City shall promptly notify the Utilities and Agreements Engineer of the Minnesota State Highway Department thereof in order that the State may encumber such additional funds as may be deemed necessary. IV 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 provided for herein to be performed by the City, 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 which may arise as a result of doing the work provided for hereunder. V 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 or provided fox' herein to be performed by the City shall not be considered employees If 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 I - • 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 by the City herein shall in no way be -the obiligation r responsibility of the States except as to employees of the State of Minnesota. VI Before this contract becomes binding and effective, it shall be approved by resolution of the City Council of said City and of such State officers as the law may provide in addition to the Commissioner of Highways. ME s. t, 53870 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorised officers and caused their respecitve seals to be hereunto affixed. (City Seal) ' Approved as to fora: i Ass Corporation Counsel By Commissioner of Public Works DEPARTMENT OF HIGHWAYS Recommended for approval: Deputy District Engineer Recommended for approval: CITY OF ST. PAUL By Mayor By City Clerk Countersigned: City Comptroller STATE OF MINNESOTA Commissioner of Highways By. Road Design Engineer Date Date of Agreement Utilities d Agreements Engineer Approved: Approved asito form and execution: COMMISSIONER OF ADMINISTRATION Spoctal Assitant dttorney General By. State of Minnesota Authorized Signature STATE OF MINNESOTA) )ss COUNTY OF RAMSEY ) On this day of ,1963, before me personally appeared , to me known to be the Road Design Engineer acting for the Commissioner of Highways of the State 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 an the free act and deed of the State of Minnesota. ; v -5-