213160ORIGINAL TO CITY CLERK
PRESENTED I
COMMISSIO
-� CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
UNCIL RESOLUTION — GENERAL FORM
COUNCIL NIn? �®
FILE
1
RESOLVED, That the proper City officials are hereby
authorized and directed to execute, on behalf of the City
of Saint Paul, an agreement between said City and the State
of Minnesota, Department of Highways, which agreement, entitled
"Utilities Relocation Agreement ", the same being Agreement No.
53677, contemplates the relocation of certain utilities in
connection with the construction of Trunk Highway No. 35E -
Trunk Highway No. 94 Interchange of the West Capitol Approach
Area in the City of Saint Paul, a copy of which said Agreement
No. 53677 is hereunto attached and made a part hereof by reference.
COUNCILMEN
Yeas 1-Nays
Dalglish /
u ilhmd--
Loss
Mortinson Ligainst
Favor
Peterson Rosen
M Pre&ident,-- V-aveulis
10111 6-82
Council File No. 213180 — By Milton j
Rosen— I
Resolved, That the proper City j
officials are hereby authorized and
directed to execute on behalf of the i
City of Saint Paul, an agreement be- i
tween said City and the State of
Minnesota,. Department of Highways
which agreement, entitled "Utllitfes , ,
Relocation Agreement ", the same being
Agreement No. 53677, contemplates the '
relocation of certain utilities in con- I
nection with the construction of Trunk
Highway No. 35E —Trunk Highway No.
94 Interchange of the West Capitol
Approach Area in the City of Saint
Paul, a copy of which said Agreement,
No. 53677 is hereunto attached and
made a part hereof by reference.
Adopted by the Council June 5, 1963.
Approved June 5, 1963.
(June 8, 1963)
JUN 5 1963
Adopted by the Council 19—
JUN 5 1963
Approved19_
Meting Mayor
DUPLICATE TO PRINTER 9 60
CITY OF ST. PAUL FILE NO. NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, That the proper City officials are hereby
authorized and directed to execute, on behalf of the City
of Saint Paul, an agreement between said City and the State
of Minnesota, Department of Highways, which agreement, entitled
"Utilities Relocation Agreement ", the same being Agreement No.
53677, contemplates the relocation of certain utilities in
connection with the construction of Trunk Highway No. 35E -
Trunk Highway No. 94 Interchange of the West Capitol Approach
Area in the City of Saint Paul, a copy of which said Agreement
No. 53677 is hereunto attached and made a part hereof by reference.
COUNCILMEN
Yeas Nays
Dalglish
_H_011�
Loss
Mortinson
Peterson
Rosen
10M 8-82
5 19M
Adopted by the Council 19—
J
Approved 19—
�In Favor
Mayor
Against
.21 .160
MINNESOTA - HIGHWAY DEPARTMENT
DM . IDENT . ITEM ALLOT. QTR. FUND
EST. A141T RECEIVABLE
AGREEMENT NO.
AMOUNT ENCUR.
S.P.
FED. NO. I 35E -4 (48) 113
Agreement between
The State of Minnesota,
Department of Highways, and
Clk of St. Paul. Minnesota
Res Relocations, Fire & Police Alarm Facilities
T.H.35&- T.H.94 Interchange . ,� 0'_
W. Capitol Approach Area M. Z,t
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 ",
WITNESSETH:
WHEREAS the State has prepared plans for the construction of a Trunk
Highway No. 35E - Trunk Highway No. 94 Interchange of the West Capitol Approach
Area in the City of St. Paul as part of the National System of Interstate and
Defense Highways; and
WHEREAS, the construction of said Trunk Highway Interchange will re-
quire the relocation of certain City owned police and fire alarm facilities
inplace at the site of said Interchange; and
WHEREAS the State is about to award a contract for the construction
of said Trunk Highway No. 35E - Trunk Highway No. 94 Interchange in accordance
with plans therefor, designated as State Project No. 6280 -99, and in the records
53677
of the Federal Bureau of Public Roads as Minnesota Project I IG 35E-4 (19) 110;
it is proposed that said police and fire alarm facilities be relocated as re-
quired by said construction, and it is desired that said relocations be performed
by the City, with the State reimbursing the City for costs incurred by the City
as hereinafter set forth; and
WHEREAS Title 232 United States Code, Section 1239 (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 second-
ary systems or on the Interstate System, including extensions thereof within
urban arena, 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,
satin factory to the Secretary shall have been presented to him substantiating
the fact that the State has paid such coat from its own funds with respect to
Federal -aid Highway projects for which Federal funds are obligated subsequent to
April 16, 19581 for work including relocation of utility facilities ", and
WHEREAS Minnesota Laws 1959, Chapter 500, Article II, Section L+b, sub-
division 2 provides:
"Whenever the Commissioner of Highways shall determine that the re-
location 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 Systems of Interstate High-
ways, 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 on which the Federal Government
bases its reimbursement for said Interstate System "; and
WHEREAS Minnesota Laws 19591 Chapter 500, Article II, Section 461 sub-
division 19 paragraph 2 provides:
"Cost of relocation means the entire amount paid by such utility pro-
perly 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 No. 30-4, dated December 311
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
-2-
53677
the work to be performed by a utility company for which reimbursement from
Federal Funds is sought:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I
This Agreement is made in accordance with and pursuant to said Policy
and Procedure Memorandum No. 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 $, 1961; subject, however, to provisions of all applicable
State and Federal Laws and any other applicable laws or regulations. Said Mem-
orandums, including any supplements or revisions thereto, are as much a part of
this agreement as though fully set forth herein.
II
(a) The City shall relocate its Fire and Police Alarm Facilities
as required by said Trunk Highway No. 35E - Trunk Highway No. 94 Interchange
construction substantially in accordance with "Exhibit A" attached hereto and
made a part hereof. Said Exhibit "A" shown the approximate location of the work
to be performed by the City hereunder. The City shall perform said work with
its own forces, and shall furnish all labor, material and equipment required in
connection therewith.
It is understood that the City shall coordinate its work with the
work to be done by the State's contractor, and shall cooperate with him to the
and that the work of both will proceed in an orderly and expeditious manner.
(b) 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 No.
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.
-3-
53677
III
Except in case of an emergency requiring immediate action to safeguard
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 with-
in the trunk highway right of way for said Trunk Highway No. 35E or Trunk Highway
No. 94 for any purpose whatsoever without a permit from the Commissioner of High-
ways. In case of an emergency as defined in the next preceding sentence, the
City will immediately notify the Minnesota State Highway Patrol and take all
necessary and reasonable safety measures to protect the traveling public and will
cooperate fully with the said Patrol to that end.
The City shall without cost or expense to the State maintain the Police
and Fire Alarm facilities and appurtenances thereto relocated hereunder.
V
After completion by the City of the work to be performed hereunder,
the City shall furnish the State with an itemized statement claiming reimburse-
meat 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 re-
location shall be determined by the State and the cost thereof shall be paid by
the State out of trunk highway funds, provided, however, the amount to be paid
by the State for such relocation shall not exceed the amount on which the Fed-
eral Government bases its reimbursement for such relocation under said Policy
and Procedure Memorandum No. 30-4. It is expressly understood that the State
may par up to 80 percent of the amount shown on said itemised statement without
prior audit of the account -by the Federal Goverment and without prior determination
-4-
53677
by the Federal Government of the amount upon which it will base its reimburse-
ment 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.
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 agreed that the utility relocations 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. The work to be performed by the City shall be under the
general supervision of said District Engineer, and shall be performed to his sat-
isfaction before payment is made.by the State to the City as hereinafter provided.
VI
Statements submitted by the City 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 that the cost of work to be performed hereunder is in
the sum of $1.942.97 as set forth in the attached statement designated as Exhibit
"B". In the event it appears at arr time that such cost will exceed said sum,
-5-
53677
the City shall promptly notify the Utilities and Agreements Engineer of the
Department of Highways thereof in order that the State may encumber such
additional funds as may be deemed necessary.
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 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 what-
soever character arising hereunder by virtue of the execution or performance of
the work to be performed by the City as provided for herein.
VIII
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 for herein to be performed by the City, shall not be considered em-
ployees 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 em-
ployees 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
Jf G✓
IX
Before this contract becomes binding and effective, it shall be approved
by an appropriate resolution of the City 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.
53677
IN TESTIMONY WHEREOF the parties have duly executed this agreement
by their dimly authorised officers and caused their respective seals to be
hereunto affixed.
(City seal)
Counteraigned:
Jos; p1= J. Nl:tchell
City Corutroller
r
Y
eput ntQtraller
Corporation Counsel
-7-
vCSj�
CITY OF ST. PAUL:
0
(/ City Clerk
E9
Commissioner of Public Works
MARTP2 W 91 9GHWAU
Recommended for approval:
Zkm
Deputy District Engineer
-, 4 '14 �
-ftilities and Agreements Engineer
Approved as to form and execution:
Special Assistant Attorney General
STATE OF MINNESOTA )
)ss
COUNTY OF RAMSEY )
53677
ZIN_,.
Commissioner of Highways
Q
Road Design Engineer
Date
Date of Agreement
APPROVED:
Commissioner of Administration
Q
Authorized Signature
On this daffy of , 19633 before me personally
appeared , to me knownto 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 as the free act and deed of the State of Ainnesote.
v �1 • � 4
. y .�. • l• .. 1. ". • � � � � \ - t
AVE
N -
OD
All
+ r .k
AV L
- - � �,,��..,.; ; t _� � - _� � -_ -_ � . – -- , � .mss:'• �'
_• - __. it - - ' �: t � - �
lI , rs Sv ` � ••
_.J L, - -�.
' 07, EXHfBiT "A "'
F < AGREEMENTr N0. 53677
Sca le: 1" -1000'
Remove Line
Relocated Lihe
Existing Circuit
- - - - - - — i fir-' -
-- a Removo Call Box
• Relocated Call Box. \ `
� �� �____— � Imo__ d 131�.•� _ -� _ .i• _ � � •
�• - lr - --° fir- -• I, -= ;�. •- -- _- - - -�- ._ ,.1�' � _�\ ,� �.
EMBIT 'B" AGRJMMM a0. 53667
STATE OF HIMMOTA DIPARTKUT OF HIGHWAIS
CM OF ST. PAUL 9 ROTA
COST RSTIMITR
I+ooatiM of Hew Linea
Iglehart An. from Rio* St. to Louis St.# Louis St. Bros Itlehart Aweo to alley
R. of Marshall Ave and sa alley B. of Marshall Ave. f5mm Louis St. to Farrington.
St., Qaltier St. and ?all *r Awe. to Farrington St.
Western Ave. and St. Anthony Ave. to now conneotion at Telephone Terminal point
0
ROlcoato Call 3=8
Central and Rio* to saltier and Faller
Louis and Carroll to Louis and Iglehart
Rice St. f-vom. Iglehart Ave. to Central Ave.
Rondo Ave. from Rice St. to Virginia Stop Virginia St. from Rondo Ave. to Ste
Anthopy Ave. and St. Anthony Ave. from Virginia St. to Western Ave.
4200 feet of 3o.
10 copper weld wire • 158.70 per ail*
$ 126.24
Miso*llan*ous materiel
70,76
197.00
EQ—UZDM
Ma
IDURS
WA
1 ton truck
1.15
64
73.60
3/4 ton truck
0.95
64
60,80
34.40
wM
tcremaa
4.52
64
289.28
Zlectrioiaas
4.03
256
10 1
Labor Additive
320•
29o.61
1611-57
Material 197.00
Mquipment 134.40
Labor 1611.57
TOTAL ESTIKATBD COST 1942.97