213971ORIGINAL TO CITY CLERK
PRESENTED BY
COMMISSIONI
213971
CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION - GENERAL FORM
RESOLVED, that the proper City officers are hereby
authorized and directed to execute agreement designated Maintenance
Agreement No. 1028, between the City of Saint Paul and the State of
Minnesota, copy of which is hereto attached, marked "Exhibit A ",
and incorporated herein.
COUNCILMEN
Yeas Nays
Holland
Loss
- Met iinsan�
Peterson
Rosen
Mr. President, Vavoulis
10M 6-62
Council File No. 213971 — By Milton
Rosen —
Resolved, That the proper Cit9 offi-
cers are hereby authorized and directed
to execute agreement designated Main-
tenance Agreement No. 1028, between
the City of Saint Paul and the State
of Minnesota, copy of which is hereto
attached, - marked "Exhibit A", and
incorporated herein.
Adopted by the Council July 17, 1963.
Approved July 17, 1963.
(July 20, 1963)
Jul. 17 109
Adopted by the Council 19-
JUL 17 1�
Approved 19—
In Favor
u
Mayor
Against
DUPLICATE TO PRINTER /.'397,
• CITY OF ST. PAUL COUNCIL NO.
• OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, that the proper City officers are hereby
authorized and directed to execute agreement designated Maintenance
Agreement No. 1028, between the City of Saint Paul and the State of
Minnesota, copy of which is hereto attached, marked "Exhibit A ",
and incorporated herein.
JjJV 17 1963
COUNCILMEN Adopted by the Council 19—
Yeas Nays list A 1953
Holland Approved 19.—
Loss In Favor
`I1�orii83on�
Peterson Mayor
Rosen Against
Mr. President, Vavoulis
10M 6-62
r
EXHIBIT A -#
Maintenance Agreement Noe 1028
Maintenance Agreement between the
State of Minnesota and
the City of Ste Paul
Trunk Highways in Ste Paul
A G R E E M E N T
THIS AGREFMMI made and entered into by and between the State of
Minnesota, acting by and through its Commissioner of Highways, hereinafter referred
to as the *States, and the City of Ste Paul, acting by and through its City Council#
hereinafter referred to as the .City", WITNFSSETH:
VHgREAS, in the interest of public safety•and the convenience of the
traveling public, the State plans to construct an experimental installation of
more permanent pavement markings on certain sheeted sections of trunk highways
within the corporate limits of the City, and
WHEREAS, the parties mutually desire to have this work performed under
the terms and conditions hereinafter set forth.
IT IS, THERE ME, M[TUALLT AGREED AS FOLLOWSs
I
The State shall construct, or cause to be constructed, thermoplastic
pavement ma*ings on certain sections of trunk highways within the corporate limi.t@
of the City in accordance with the.provisions and specifications set forth in the
contract proposal, the same being designated as State Project Nose 6207, 6208, 6213,
6231 et al for Maintenance Projects located in Maintenance Area 9A. Said contract
proposal is on file in the office of the Commissioner of Highways at Ste Paul,
Minnesota, and is made a part hereof by reference with the same force and effect as
though fully set forth herein.
-106
II
Maintenance Agreement No. 1028
The City shall pay to the State twenty percent of the actual
construction costs, computed on a contract unit price basic, of pavement markings
to be constructed within the corporate City limits in accordance with the provisions
of said contract proposal.
III
In addition to the above, the 11raffic Engineer of the City of Ste Paul
will determine the nature and extent of variiag signs and other traffic control,
including flagmen, needed in the vicinity of work to provide adequate warning and
protection for the traveling public, the contractor's forces and the installed
work. All such warning signs and other traffic control, including flagmen,
determined by said traffic Engineer to be necessary shall be provided by the City
of Ste Paul without cost to the Contractor.
IV_
In event that either of the parties hereto desire a change or
changes in said contract proposal for the construction of said pavement markings,
said ties may supplement this agreement to s
Pu' y PP g provide for such change or changes,
and to provide for any change in the cost of said construction. Iny change or
changes in said contract proposal desired by the City, shall be initiated by duly
ti
adopted resolution of the City Councile
V t
It is estimated that said percentages of the coat of construction work
hereunder to be incurred by the City in connection therewith will be approximately
31000.00 The City agrees to advance to the State said sum of
1
$- 3,000.00 forthwith upon execution of this agreement and upon ,
receipt of a request from the State for such payment. It is contemplated that all of
said wort as provided in said contract proposal is to be done by the State by contract=:-
duly let on a unit price basis. Upon completion and acceptance of the work provided
- 2 -
Maintenance Agreement No. 1028
for in said contract proposed by the State and the preparation by the State' of a
final estimate computing and determining the amount due the contractor performing the
work, the State shall determine and compute the amount due the Traunk Highway Fund of
the State of Minnesota hereunder from the City. After the State shall have determined
as aforesaid the actual amount due from the City, the State shall apply on the payment
thereof as much as may be necessary of said sum of $3,000.00 paid by the City. If
-
the amount found due from the City shall be less than the sum of $3,000.00, then,
and in that event, the balance of said sum shall be returned to the City without
interest; If the amount so found due from the City shall exceed the sum of
$3,000.00, the City agrees to promptly pay the State the difference between the
said amount found due and said sum of $3,000.00.
•'�
y
VI
It is further agreed that the aforesaid computation and determination
by the State of the amount due from the City hereunder shall be final, binding and,.
�
1
conclusive. It is further agreed that the acceptance by the State of the said
completed work provided for in said contract proposal shall be final, binding and
conclusive upon the City as to the satisfactory completion of said work.
VII
,
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
`4•;.`;
execution or performance of the traffic control work provided for herein to be -per-
formed by the City, and further agrees to defend without cost and expense to the
State, any action or proceeding commenced for the purpose of asserting any claia6
.
of whatsoever character which may arise as a result of doing the work provided
for herein to be performed by the City.
•�
-3- .. - _
___
Maintenance Agreement No. 1028
VIII
Any and all persons engaged in the aforesaid maintenance
work performed by the City who are not independent contractors or employees
of independent contractors or who are not employees of the State, shall be
considered employees of the City; and any and all claims that may arise under
the Workmen's Compensation Act of this State on behalf of said employees who
are not employees of the State while so engaged, and any and all claims
made by any third party as a consequence of any act or omission on the part
of said City employees or the employees of an independent contractor while so
engaged on any of the work contemplated herein shall be defended or otherwise
disposed of without cost or obligation to the State.
IX
Before this agreement shall become binding and effective, it shall be
approved by resolution of the City Council of said City and shall also
receive the approval of such State officers as the law may provide in addition
to the Commissioner of Highways.
-4-
Countersigned:
Comptroller
Atteett
City Meft
, Approvd as to Forn and Execution bys
orpora • Covtnsil
APPROVED:
•er
D•partaent of Highways
Recomended for Approvals
BT
maintenance Ingineer
Approved as to Form and Execution by:
9pecial Assistant Attorney ener
0
Maintenance Agreement Noe 1028
CITY OF ST. PAUL
Comismioner of c Wo a
Date
(3m)
i
STATE OF MINNESOTA
Date
a ,
BT
commissioner Of g s .b
Date
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