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213263ORIGINAL TO CITY CLERK ` ' 21326") CITY OF ST. PAUL COUNCIL NO. _0.l 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. 53728, contemplates the relocation of certain utilities and police and fire alarm facilities in connection with the con- struction of Trunk Highway No. 35E - Trunk Highway No. 94 Interchange of the - Capitol Approach Area in the City of Saint Paul, a copy of which said agreement No. 5371 ?$ is hereunto attached and made a part hereof by reference. COUNCILMEN Yeas Nays Dalghsh Holland Loss Mortinson Peterson Council File No. 213263 —By Milton Rosen — Resolved, That the proper City offi- cials are hereby authorized and di- rected to execute; on behalf of the City of Saint Paul, an agreement be- tween said City and the State of Minnesota, Department of Highways, which agreement, entitled "Utilities Relocation Agreement ", the same be- ing Agreement No. 53728, contem- plates the relocation, of certain utili- ties and.police and fire alarm facilities in connection with the construction I of Trunk Highway No. 35E -Trunk Highway No. 94 Interchange of the East Capitol Approach Area in the City of Saint Paul, a copy of which i said agreement No. 53728 is hereunto attached and made a part hereof by reference. Adopted by the Council June 11, 1963. 1 Approved June 11, 1963. (June 15,, 1963) Rbsen- Mro resident, Vzmalis-- �a-� �„✓ 10M 6-62 In Favor __0 _ Against RECEIVED JUN 7 1963 DEPT. OF PUBLIC WORKS TRAFFIC BUREAU al)N 111963 Adopted by the Council 19— App oved�� 9 19- a _ Mayor getir�g DUPLICATE TO PRINTER / }�63 CITY OF ST. PAUL COUNCIL NO. • OFFICE OF THE CITY CLERK FILE 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. 53728, contemplates the relocation of certain utilities and police and fire alarm facilities in connection with the con- sLA truction of Trunk Highway No. 35E - Trunk Highway No. 94 Interchange pitol Approach Area in the City of Saint Paul, a copy of which said agreement No. 537$ is hereunto attached and made a part hereof by reference. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Va�- 10M 8-88 jUN 111963 Adopted by the Council 19— JUN 1119'63 Approved 19— In Favor Q Mayor Against THE DEPARTMENT OF PUBLIC WORKS Mr. Eugene V. Avery Chief Engineer Department Dear Mr. Avery: CITY OF ST. PAUL 4,13 3 R E C E I INTER - OFFICE COMMUNICATION JUN 4 1963 8 DEPT. OF PUBLIC WOR)(5 CHIEF ENGINEER June 3, OCEIVED 1963 JUN 7 1963 DEPT. PUB BUREAORKS ?RAOf f Re: Utilities Relocation Agreement No. 53728 City of St. Paul Police Alarm Facilities T.H. 35E - T.H. 94 Interchange East Capitol Approach Area I am attaching hereto four copies of Utilities Relocation Agreement No. 53728 between the Minnesota Highway Department and the City of St. Paul, submitted under date of May 28, 1963, by Mr. D. R. McFadden, Deputy District Engineer, this agreement covering relocation of City -owned fire and police alarm facilities as necessitated by the Trunk Highway No. 35E - Trunk Highway No. 94 Interchange construction in the Capitol Approach Area. Following your examination of this agreement, will you kindly submit it to the Corporation Counsel for approval as to form and preparation of the necessary resolution authorizing execution on behalf of the City Council. Upon execution and return to this office, I will see that the four copies are forwarded to the Highway Department. Thanking you, I remain Yours very truly, George M. Shepard Street and Highway Engineering Coordinator GMS: gt Attachments .- - - STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS CONSTRUCTION DISTRICT 9 1246 UNIVERSITY AVENUE ST. PAUL 4 May 28, 1963 Mr. George Shepard Streets and Highway Engr. Coord. City of St. Paul Court House St. Paul 2, Minnesota 2.3263 Re: Utilities Relocation Agreement No, 53728 City of St. Paul Police Alarm Facilities T.H. 35E - T.H. 94 Interchange Dear Sir: East Capitol Approach Area Transmitted herewith are four copies of an Agreement between this Department and the City of St. Paul relative to the relocation of City -owned fire and police alarm facilities as necessitated by Trunk Highway No. 35E - Trunk Highway No. 94 Interchange construction in the Capitol Approach Area. If the Agreement meets with your approval, please submit it to the City for approval and execution. When it is executed by the City, all four copies should be returned to this office together with four certified copies of a new resolution passed by the City Council authorizing its officers to execute the Agreement in its behalf. Two copies of the Agreement will be returned to the City when it is fully executed by the State. Sincerely, DEPAi 2kh;hT OF HIGEWAYS D. R. McFadden i4iclosure Deputy District Engineer MINNESOTA HIGIUAY DEPARTMENT DEPT. IDENT. ITEM EST. AM'T. RECEIVABLE ALLOT. QTR. FUND Agreeeent between The State of Hinneseta, Department of Higlnways, and The C{ttr -S LA'- Pahl. Mi�1120a5" Re: Relocation, Fire & Police Alas Facilities T.S.35$ - T.H.94 Interchange E. Capitol Approach Area 21.3 AGREEMENT NO 53728 AMOUNT ENCUMB. S.P. FED. NO. I 35E-4 (48) 113 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 East 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 frill 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 -95, and in the records 53728 of the Federal Bureau of Public Roads as Minnesota Project I IG 35E-4 (49) 114; it is proposed that said police and fire alas 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 bet forth; and WHEREAS Title 23, United States Code, Section 123, (Federal Highway Act of 1958) provides: "When a State shall pair for the cost of relocation of utility facilities necessitated by the construction of a project on the Federal -aid primary or second- ary systans or on the Interstate System, including extensions thereof within urban areas, Federal funds nay be used to reimburse the State for such cost in the sass proportion as Federal funds are expanded on the project. Federal funds shall not be used to reimburse the State under this section when the payment to the utility violates the lax of the State or violates a legal contract between the utility and the State. Such reimbursement shall be made only after evidence, satisfactory to the Secretary shall have been presented to his substantiating the fact that the State has paid such post from its own funds with respect to Federal -aid Highway projects for which Federal funds are obligated subsequent to April 161, 1958, for work including relocation of utility facilities ", and WHEREAS Minnesota Lave 1959, Chapter 500, Article II, Section 461, 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 STstez of Interstate High - veye, 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 Minds; provided, however, the amount to be paid by the State for such reimbursement shall not exceed the smaunt on which the Federal Govez nt bases its reisbursesent for said Interstate System "; and WHEREAS Minnesota Lava 1959, Chapter 500, Article II, Section 46, sub- division 1, 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 31, 1957s 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- 53728 the work to be performed by a utility compaW for Which reimbursement from Federal Minds 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 Memmoran8um No. 30-4, dated December 319 1957, and amY supplements or revisions thereto, and U. S. Department of Comomerce Instructional Memorandum 30..3 -619 dated May 8, 1961; subject, however, to provisions of all applicable State and Federal Laws and arq-other applicable lava 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" shove the approxinate 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 agy 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- PMbBz.Fi2 53728 III Except in case of an emergency requiring immediate action to safeguard persons or property, the City will have no right, after it hen performed the work contemplated by this agreement, to make ate► excavation or installation with- in the trunk highway right of way for said Trunk Highway No. 35E or Trunk Highway No. 94 for aZW purpose whataoever without a permit from the COMMinsioner of High - wVs. In case of an emergency as defined in the next preceding sentence, the City will i=*diately notify the Minnesota State Highway Patrol and take all n necessary and reasonable safety measures to protect the traveling public and will cooperate fully with the said Patrol to that end. Iii The City shall without coat 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 itemised statement claiming reimburse - ment for work performed hereunder. The statement to be furnished by the City ahall show the actual coat 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 coat 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 Goverrment bases its reimbursement for such relocation under said Policy and Procedure Memorandum No. 30-4. It is expressly understood that the State may pay up to 80 percent of the amount shown on said itemized statement without prior audit of the account by the Federal Goverment and without prior determination -4- 53728 by the Federal Goverment of the amount upon which it will base its reinburse- ment to the State. It is further expressly understood that in the event that az► 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 seen the amount paid by the City properly attributable to such relocation after deducting therefrom any betterment of the new facility, any increase in valui, 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 itsm 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 sun of $1,600.70 as set forth in the attached statement designated as Exhibit "B ". In the event it appears at ar► time that such cost will exceed said sum, -5- ----f,-2 53728 the City shall promptly notify the Utilities and Agreements Engineer of the Department of Highways thereof in order that the State my encumber such additional funds as nay be deemed necessary. VII The City indemnifies, seven 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 coat and expense any action or proceeding comaaenced 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 aror 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. IZ 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. MM 53728 IN TESrIMNY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (City seal) Counteraigned: City Comptroller Approved as to form: Corporation Counsel -7- CITY OF ST. PAUL: BY Mayor By City Clerk �Comi ssioner of Public Worka DEPARTMENT OF HIGHWAXS Recommended for approval: District Engineer Utilities and Agreements Engineer Approved as to form and execution: Special Assistant Attorney General STATE OF MINNESOTA ) ss COUNTY OF RAMSEY } 53728 gyma • •m • Commissioner of Highways By Road Design Engineer Date Date of Agreement APPROVED: Commissioner of Administration By. Authorized Signature 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 as the free act and deed of the State of Minnesota. 10 EXHIBIT B AGREEMENT NO. 53728 STATE OF 14INNESOTA DEPARTME14T OF HIG91AYS CITY OF ST. PAUL, MINNESOTA COST ESTIMATE Location of New Lines North side of Twelfth St. from Robert St. to alley east of Robert St. Ninth St. from Wacouta St. to Sibley St. Broadway from Tenth St. to Grove St., on Grove St. from Mississippi St. to Pine St. Wacouta St. from Ninth St. to alley north of Seventh St. Remove Inplace Lines South side of Twelfth St. from Robert St. to alley east of Robert St. Sibley St. from Ninth St. to Tenth St., on Tenth St. from Sibley St. to Wacouta St. Wacouta St. from Ninth St. to Tenth St.,on Tenth St. from Wacouta St. to Broadway Wacouta St. from Ninth St. to alley north of Seventh St. Ninth St. from Wacouta St. to Rosebel St., on Rosebel St. from Ninth St. to Eighth St. Relocate Call Boxes Eighth and Rosable to Spruce and Broadway S. E. corner Robert and Twelfth to N.E. corner Robert and Twelfth Material 3800 feet of No. 10 copper weld wire @ 137.28 per mile. Miscellaneous material Equipment 1 ton truck 3/4 ton truck 75 cfm compressor Rte 1.15 0.95 2.00 Hours 75 75 8 Labor Rate IJOLAKS Foreman 4.52 30 Electrician 4.03 220 Labor Additive 98.80 81.20 $1.80.00 Total 86.25 71.25 16.00 $173.50 Total 135.60 886.60 1022.20 X1247.20 MP TF,RIAL 180.00 EQUIPM IT 173.50 LABOR ,;x1247.20 TGT1 L LSTIlUkTED RELOCATIOli i;OS'T - - $1600.70 Ja •C - • l EF � w �' � / < ��' 111, `� �' �t'c - - — • 1 < F14 J 1 - ` I 1 Ae vr OOOIP oA Vv A`; .• 53728