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199622r} t ORIGINAL TO CITY CLERK CITY OF ST. PAUL COUNCIL NO . OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION - GENERAL FORM TF RESOLVED, That the Council of the City of St. Paul hereby approves and authorizes the proposed Cooperative agreement C -272+ between the City of St. Paul, acting in the premises by and through its Board of Water Commissioners, and the State of Minnesota, acting in the premises by and through its Com- missioner of Highways, pertaining to the relocation of City water facilities in the vicinity of West 7th Street near the new Fort Snelling Bridge crossing the Mississippi River, and hereby approves of and concurs in the resolution of said Board pertaining to said matter, dated October 26, 1960, and authorizes and directs that said proposed Cooperative Agreement be executed in behalf of the City by the proper City officers. Council File No. 199622 —By Mrs. Donald M. DeCourcy- Resolved, That the Council of thej City of St. Paul hereby approves and' - + — authorizes the proposed Cooperative; i I Agreement C -2724 between the City of St. Paul, acting in the premises by and' through its Board of Water Commis -, stoners, and the State of Minnesota. acting in the premises by and through its Commissioner of Highways, pertain- ing to the relocation of City water facilities in the vicinity of West 7th Street near the new Fort Snelling Bridge crossing the Mississippi River, 'and hereby approves of and concurs in the resolution of said Board pertain- ing to said matter, dated October 26, 1960, and authorizes and dire6ts that said proposed Cooperative Agreement be executed in behalf of the City by the proper City officers. Adopted by the Council November 10, 1960. Approved November 10, 1960. (November 12 ,1960) IR9V 1 a 1960 COUNCILMEN Adopted by the Council 19— Yeas Nays � � ��'pl� DeCourcy N0� Holland Approve 19— Loss / Tn Favor ➢�orti� Peterson Mayor Rosen Against Mr PrPGid n�V iyou -is SM 5.60 QN,.2 DUPLICATE TO PRINTER ,I!_�22 CITY OF ST. PAUL COUNCIL NO. CCC OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMMSSI'ONER DATE +VM,t ghat the Council of the City of Bt. P=1 hereby approvei a bdd Wthoriiei the proposed. Coogeratire Aunt (:-.nA betiaen the Cltr of #t. Paulo, actinS 3,n tt* proodsess by mind throu& its Board of Wat*r Cl..inoner p and the Bta+,o of Minnesota, acting in the premi "s by and throw. its Cm. missianer of asuv ors, pertaining to the ms ocatUn of City vater tualtUs In the , lolnity of West 7th RU"t near the nev Fart Snening Bridge mosolng the )ftsr in4ip$, Biv*r, and hereby egproves of and wwurs in the, resalution of *aid Board pertt>rdning to said utter, dated October 26, 196Q� and . dogs abA directs that wad propo"d motive Agreomnt be executed. In 'beha],f of ,the City by the proper City office's: COUNCILMEN Yeas Nays DeCourcy Holland Loss zlort Peterson Rosen 7 EM 3.60 OW 2 In Favor O A gainst N v 1 U 1960 Adopted by the Council 19— NOV.� U 1950 Approved 19— Mayor • ; 5 5trCct CA may fttwruw Ow. rdinator 234 City p4n & Court Bonae $t. Paul g, M=eota Ros utluliee '1omtjmt AMCAe it Not 5M4 City of St. Paul awd itir Beard -of Vat:r CondesiOM ra $.P Bpi. 6201 -329 T.H. No* r V,;-St tenth Street VattrARin R0109atiM Rear Mr., Shepard: TnM pdtted herevith are tvo f%jU txw.CCttcd oop�es of the a9ftwO nt relative to rcaceatUe 9' Cij7 eater facuitiox as =oessitatsd by Us, r►16oatiod of a portion eat Tat bw;r No. 5 (Vest seventh Street). Your attention is ftUed to Artiolo V= of tho apecuont wbich Vm- vtt". that in the ererit it Appears at OW tie that tho Wet of tbill vorh vill exmsd tb& c8tiMateo, the Board eia3.l prowVtly notify this Deparbwat, 3roore vctq tom'► (WOK) +� yip g� �Ly� CO: Atgne Cmell No s A. Ol`�o �y # W. J. Mouwisson E. J. MaCubrey Project Engineer �0. T. Valdwla L. $. Fdc bie B43.ittoe aM s freLheeV W. 0. $room ti File r w DEPT. IDENT. 70500 EST. AM'T. RECEIVABLE NONE VIUMESOTA HIGHWAY DEPARTMENT AG 'VT WO C -2724 ITEM ALLOT. QTR. FUND AMOUNT ENCUME. 07 572 6(61) 270 $17.193.65 S.P. NO. 6201 -12 PROGRAM 4 -9 Agreement between The State of Minnesota DF:pa.-,-tment of Highways, and The Cl.ty c:Z St. Paul, Minnesota, and its BoenJ. of Watter Commissioners, Vie: Water Main Relocations on T.H. No. 5 (W. Seventh St.) east of new bridge At tort Snelling over Mississippi River. UTILITIES RELOCATION AGREEMENT THIS AGFWMENT made and entered into by and between the State of Minnesota.,- Depa- -tment of Highways, hereinafter referred to as the "State ", and the City of St. Paul, Minnesota, acting by and through its Board. of Water Commissioners, hereir.- after referred to as the "Board ", and by and through its City Gouncil, hereinafter referred to as the "Council ", W-M, SSETH: WEMU,AS the State is preparing plans and specifications for the construc... Lion of Trunk Highway No. 5 in St. Paul from the intersection of W. Seventh Street and MLas ;;er Avenue to s net �Adge being constructed by the State over the 11ississi-4,3 _ R .ve *, at Fo3A Snelling, and WEEREAS the construction of said portion of Trunk Highway No. 5 as an approach to said, Mississippi River bridge makes necessary the relocation of ce�.-tQir Boa:a owned water mains and adjustments to certain water service connections, and t4F.PRFAS such of the excavation required in connection with said water main relocations will be in rock, it is desired that the trench excavating and backfil1:Lng be psrfooymed 'hy the State's trunk highway construction contractor; and that the 9 C -2724 Board shall furnish and install the required water main pipe and appurtenances, and make the necessary adjustments to said water service connections, and WHEREAS the cost of performing said utility relocations and adjustments is considered the responsibility and obligation of the State, and WHEREAS Section 462 of the St. Paul City Charter - provides that: "The Council by ordinance shall prescribe the manner of and provide for the laying of water mains, the re- adjustment thereof, and the re- laying and re- adjustment thereof on the change of any street grade" . IT IS, THEREFORE , MUTUALLY AGREED AS FOLLOWS: I The State shall, at the time it constructs Trunk Highway No. 5 in St. Paul from the intersection of W. Seventh' Street and Munster Avenue to a new bridge over the Mississippi River, cause the following water main relocation work to be done by its trunk highway construction contractor at locations shown on the city of St. Paul, Water Department water main relocation plan dated April 8, 1960 and designated as Drawing B -5632, to -wit: Where rock is not encountered: a. Trench to sufficient depth to obtain 6 -ft. cover over 12 -inch diameter Pipe, 61 ft. cover over 8 -inch diameter pipe, and 7 -ft. cover over 6 -inch diameter pipe. b. Backfill the trenches (after the Board has installed water main pipe as hereinafter provided), obtaining sufficient compaction to meet the City Street Department specifications. (2) Where rock is encountered: a. Trenching to be approximately 6- inches deeper than specified in (1) a. hereof for 12 -inch, 6 -inch and 6 -inch pipe (for a 6 -inch sand cushion). - 2 - 0 C-2724 b. Furnish at the trench sites sand material for 6 -inch sand cushion for the water main pipe and 12 -inch sand cover. (This sand cushion and sand cover is to be placed by the Board as hereinafter provided.) c. Backfill the trenches (after the Board has installed water main pipe and placed the sand cushion and sand cover as hereinafter provided) obtaining sufficient compaction to meet the City Street Department specifications. No rock shall be used for baskfill. (3) Restore city streets disturbed by water main relocations hereunder to the equivalent of their original condition. II _The,Board shall furnish the State and the State's contractor for said Trunk Highway No. 5 construction, all permits that may be required in connection- with work to be done hereunder upon and along city streets that'are not included within the trunk highway rights of way. III The Board shall, in cooperation with the State's trunk highway construction contractor and with particular reference to water main relocation work to be done by the State's contractor in accordance with Article I hereof, do and perform the following in accordance with the aforesaid plans designated as Drawing B -5632, to -wit: (1) Furnish and install approximately 2575 feet of 12 -inch cast iron pipe, 1050 feet of 8 -inch cast iipnrpipe,.;830 feet of 6 -inch cast iron pipe, gate valves, gate boxes, hydrants, and other appurtenances required for said water main relocation. (2) Place a 6 -inch sand cushion under water main pipe installed in trenching where rock is encountered, and place approximately 12 -inert sand cover over said pipe. (The balance of the trench baclifill ing will be done" by the State as hereinbefore set forth.) -3- IV C -2724 The Board shall also make adjustments to Board water service connections that are required because of the aforesaid water main relocations. (1) Adjustments to 2 -inch, 1-gl inch, and 3/4 inch diameter pipe service connections shall be performed at the following agreed unit prices, to -wit: Approximate Number 2 inch pipe - 11 inch pipe 3 f 4 inch pipe (2) Adjustments to 6 -11 Agreed Estimated Unit Price Cost 1 $125.00 each $125.00 - 1 100.00 each 100.00 14 50.00 each 700.00 Total estimated, at agreed unit prices $925.00 Zch and 12 -inch diameter pipe service connections (in the same trench at 2760 W. 7th Street and 2750 W. Seventh Street) will be paid for by the State on the basis of actual costs incurred by the Board as hereinafter set forth. The total estimated cost of these two service connection adjust- ments is $1,196.34. V ' The Board shall coordinate all if its work to be performed hereunder with the operations of the State's contractor in such manner as to not delay the opera- tions of the State's contractor. VI The Board shall before starting work obtain from the District Engineer of the Minnesota Department of Highways a permit to perform any work upon the Trunk Highway right of way. Application for such permit shall be made on Form No. 1723 of the Department of Highways. The Board shall also give the District Engineer of the Department of Highways five days notice of the intention to start the work to be performed by the Board hereunder. - 4 - VII C -2724 Upon satisfactory completion by the Board of the work to be performed by the Board in accordance with Articles III and IV (2) hereof the State shall pay to the Board as follows: (1) An amount equal to the direct labor charges of each and all employees of the Board for the time that said employees shall be engaged in the work to be per- formed by the Board hereunder. Said direct labor charges may include the pro - rata share of "labor additives" applicable to said labor charges. Social Security, holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, and lost time charges are examples of reimbursable items when properly supported. (2) An amount equal to applicable equipment rental charges for Board owned equip- ment used by the Board on the work to be performed by the Board hereunder at rates in effect and charged by the Board to similar Board projects. (3) An amount equal to the cost of materials used by the Board in connection with the work contemplated hereunder. Said cost shall be the actual cost to the Board where such materials are purchased solely for this project. Where materials are taken from Board stores or obtained under existing blanket contracts, pay- ment will be made by the State at current rates charged by the Board to similar Board projects. (4) An amount equal to the cost of adjustments made by the Board to its water serv- ice connections in accordance with Article IV (1) computed at the agreed unit prices listed in said Article IV (1). (5) It is agreed that the Board shall recover in -place Board owned materials in connection with work to be performed by the Board hereunder, wherever the recovery of such material is economically feasible. The salvage value of mate- rial recovered by the Board shall be credited to the cost of materials used on the project. - 5 - C -2724 (6) An amount to compensate the Board for overhead costs attributal to the project based on a specified percentage of direct costs including labor additives, provid- ed' that the Board in its normal accounting procedures provide4 for an overhead distribution. Said percentage shall not exceed five percent of the direct costs. (7) It is agreed that, except to the extent that a betterment in the Board's water distribution facilities is necessitated by the requirements of the project, including betterments necessitated by moving water mains and appurtenances thereto from existing locations, the cost of a betterment in said facilities being relocated, reconstructed or replaced hereunder shall not be paid for by the State hereunder. (8) The Board shall keep such detailed records and accounts that shall enable the Board to submit to the State a detailed statement showing the amount due the Board for work performed hereunder. The statement submitted by the Board claiming reimbursement hereunder shall be in quintuplicate and contain a ceetd- fication thereon by an officer of the.BoaYd 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. f9) Upon request of the Board partial payments may be made by the State to the Board for work performed and for materials purchased solely for the-project and received by the Board. If the Board desires a partial payment, it shall submit to the State a detailed statement of work performed and materials received as aforesaid for the calender month or months for which it seeks reimbursement. No such statement, however, shall be submitted by the Board to the State more frequently than once a7calender month. Upon receipt of such statement by the State, the State shall pay 80 percent of the approved amount of the statement; the retained percentages to be withheld until the work to be performed by the Board hereunder is completed and the Board submits a final detailed statement of all work performed a:3 a: °oresaid. C -2724 VIII The estimated total amount that the State will pay to the Board for work performed by the Board hereunder is the sum of $37,193.65 as set forth in the cost estimate attached hereto and marked Exhibit "A ". In the event it appears at any time that the State's share of the cost of work being performed by the Board under the terms of this instrument is about to exceed said sum of $37,193.65, the Board 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. ' IX All payments made by the State pursuant to this,agreement shall be made to the Commissioner of Finance of the City of St. Paul for the account of the "Board ". X It is also agreed that the maintenance of said relocated water mains shall be performed by the Board without cost or expense to the State. KOA The "Board" indemifies, saves and holds harmless the State and all of its agents and employees of and from any and all claims, demands, action 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 Board, includ- ing but not limited to claims by the State's contractor for delays occassioned by the prosecution of said work to be performed by the Board, 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 arising hereunder. XII It is further agreed that any and all employees of the "Board" and all other employees while engaged in the performance of any work or services required or - 7 - C -2724 provided for herein to be performed by the Board shall not be considered employees ` 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 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 "Board" employees while so engaged on any of the work or services provided to be rendered by the Board herein shall in no way be the obli- gation or responsibility of the State. XIII Before this contract becomes binding and effective, it shall be approved by resolution of the "Board" and by an appropriate ordinance of the City Council, and it shall also receive the approval of such State officers as the law may provide in addition to the Commissioner of Highways. t C -2724 1X TESTIMONY WHEREOF the parties have duly executed this agreement by their duty authorized officers and caused their respective seals to be hereunvo affixed. (City SCs1) CITY OF ST. PAUL: SEAL Countersigned By Geo. Vavoulia /s/ Mayor -r Joe Mitchell /s/ Cit,,*CmptrolI er Approved for the Board Leonard N. Thompson /s/ By Milton Rosen /s/ Aset. General Manager • Commissioner of Public Works By Arms H, O'Connell /S/ City Clerk (P,oaz- . Sea:.) , BY MrFt- Donald M. DeCourr' President Board of Water Commissioners Appro.­:: d as to yorm SEAL L. P. Sheahan /s/ Director of Law Asst. Corporation Counsel BY Ages E. O'Connell / Secretary Board of Water Commissioners -S - I .Ler. ARC;' CF DD 04AYS Recow.ended for Approval: D. R. M;Fadden /s/ District Engineer S. T. Ba?dvin /s/ Utilities and Agreements Engineer Approved as to form and execution Ward P. Gronfield /s/ Special assistant Attorney General S`�ATE OF KM- TIESOTA) ) as COMM. OF RIIISEY ) STATE OF MINNESOTA: Commissioner of Highways BY D. T. Bu.-°ns Road Design Engineer Date November 29, 1960 Date of Agreement Approved Department of Administratio::.. Nov. 90, 1960 By R. T. Duncan /s/ Authorized Signature On this 29th day of November , 1960) before me personally appeared D. T, Bu:.:^s , to me known to be the _ I�nad Desi&a Engineer, acting for L. P. Zimmerman, Commissioner of Highways of 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 Highwayz;, and acknowledged that he executed the same as the free act and deed of the State of N nnesote.. $37,190.65 Has been encumbered for the obliga- tion hereof against the previously unencuibc -red balances of the proper approprr ' ation and allotment. Dec. 2, 1960 Stafford K•ingy State Auditor By B. arc "Ta /s/ Authorized Ssgnature - 10 - W. 0. Kroon /s/ Notary Public, Ramsey County, M=L, My CorZVI ssion F`x res Oet. 199 1964 SEAL EXHIBIT "A" AGREEMENT N0. C -2724 C -2724 Cost estimate for relocating St. Paul Board of Water Commissioners water main facilities in the W. Seventh Street area required due to Trunk Highway No. 5 construction east of the new Fort Snelling bridge over the Mississippi River. This estimate covers the portion of the water main relocation work that is' to be performed by the Board. M4TERIAL 2575' - 12" Cast Iron Pipe $ 5.50 $14,162.50 1050' - go " it of 3.10 31255.00 830' - 6" 11 it it 2.25 1,867.50 10 - 12" Gate Valves 175.00 1,750.00 10 - 12" Gate Boxes 45.00 450.00 4 - 8" Gate Valves 90.00 360.00 4 - 8" Gate Boxes 40.00 160.00 9 - 6" Gate Valves 60.00 540.00 9 - 6" Gate Boxes 30.00 270.00 4 - Hydrants 240.00 960.00 2 - 12 x 12 Crosses 63.50 127.00 1 - 12 x -6 Cross 41.90 41.90 3 - 12 x 12 Tees - 83.00 249.00 6 - 12 x 6 Tees 65.87 395.22 5 - 12" Sleeves 31.74 158.70 1 ° - 12 x 6 Reducer 31.10 31.10 1 - 12 x 8 Reducer 33.90 33.90 2 - 12" - 450 Bends 42.94 85.88 1 - 12" -. 22°' Berid 43.03 43.03 1 - 12" - 114 ° Bend 41.13 41.13 3 - 12" Plugs 14.12 42.36 1 - 8 x 8 Tee 41.30 41.30 2 - 8 x 6 Tees 36.60 73.20 1 - 8" Plug 11.97 11.97 3 - 8" Sleeves 21.71 65.13 4 - 6" Sleeves 16.20 64.80 1 - 6 x 12 Reducer 31.10 31.10 2 - 6" 900 Bends 19.91 39.82 1 - 6" - 11-W* Bends 12.28 12.28' 2 - 6" - 450 Bends 15.00 30.00 1 - 6 x 6 Tee 9.00 9.00 1 - 6" M.J. Plug 4.98 4.98 $25,407-86 S% Contingencies 1,270.39 $26,67-8- 19 MW EQUIDMENT Compressor Air Tamper Front End Loader Truck Low Boy LABOR Foreman M.E.O. Caulker Laborers Truck Driver Engineering Timekeeping Water Serviceman C -2724 HOUR RATE 104 $ 2.50 $ 26o.00 104 1.00 104.00 144 3.50 504.00 200 1.50 300.00 48 5.00 24o.00 104 3.62 376.48 142 3.15 447.30 208 2.80 582.40 496 2.80 1,388.80 200 2.82 564.00 100 5.00 500.00 56 2.50 140.00 104 2.65 275.6o ,2759 A percentage for labor additives 940.41 SERVICE CONNECTION ADJUSTMENTS 2760 W. 7th Street - 6" Service 2750 W. 7th Street - 12" Service MATERIAL 10' - 12" Cast Iron M.J. Pipe 1 - 12" x 12" Tee 1 - 12" Offset-, 1 - 12" Gate Valve 1 - 12" Gate Box 1 - 12" Sleeve 10' - 6" Cast Iron M.J. Pipe 1 -12 "x6 "Tee 1 - 6" Gate Valve 1 - 6" Gate Box 1 - 6" Offset (In the same ditch) $ 5.50 85.00 101.00 175.00 45.00 35.00 2.25 65.87 6o.00 30.00 31.52 5% Contingencies - 2 - $ 5,214.99 $ 55.00 85.00 101.00 175.00 45.00 35.00 22.50 65.87 6o.00 30.00 31.52 705-89 35.29 741. _1 C EQUUPM -IT C -2724 $37,193.65 - 3 - HOUR RATE TOTAL Digger and Front End Loader 16 $ 3.50 $ 56.00 Truck 16 1.50 24.00 Compressor 16 2.50 24.00 go-4. oo LABOR Foreman 16 3.62 57.92 M.E.O. Operator 16 3.15 50.40 Caulker 16 2.80 44.80 Laborers 32 2.80 89.60 Truck Driver 16 2.82 45.12 A percentage for labor additives 63.32 $351.16 TOTAL $ 1,196.34 SERVICE CONNECTION ADJUSTMENTS 2706 W. Seventh St. - 2" Service 125.00 2728 W. Seventh St. - 11" Service 100.00 1759 Munster - 3/4" Service 50.00 1765 Munster - 3/4" Service 50.00 1775 Munster - 3/4" Service 50.00 1785 Munster - 3/4" Service 50.00 1789 Munster - 3/4" Service 50.00 1797 Munster - 3/4" Service 50.00 1805 Munster - 3/4" Service 50.00 1811 Munster - 3/4" Service 50.00 2607 W. Seventh St. - 3/4" Service 50.00 2619 W. Seventh St. - 3/4" Service 50.00 2623 W. Seventh St. - 3/4" Service 50.00 2627 W. Seventh St. - 3/4" Service 50.00 2645 W. Seventh St. - 3/4" Service 50.00 2649 W. Seventh St. - 3/4" Service 50.00 ,121.3 TOTAL COST Material 26,678.19 Equipment 1,408.00 Labor 5,214.99 Service connection adjustments 24121.34 $35422.52 5% overhead 1,771.13 $37,193.65 - 3 -