HomeMy WebLinkAbout05-03-1938672
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Minutes of a special meeting of the Common Council of the City
of Rochester, Minnesota, held in the Council Chambers, in the City Hall,
in said City, on May 3rd91938'.
President Liddle called the meeting to order at 7:30 o'clock
P.M. , the following members being present: Liddle, Amundsen, Fryer, Green,
Lemmon, Moody, Richman. Absent: None.
The call for the special meeting was read, and President Liddle
ordered that the same be placed on file; said meeting having been called
for the purpose of accepting the agreement with the State of Minnesota for
the repaving of Broadway Street North and South, and any other business that
the said Common Council might deem proper.
Alderman Richman introduced the following resolution,which was
r ead:
"WHEREAS, The State of Minnesota, through N.W.Elsberg, its
Highway Commissioner, has submitted the following agreement for the repaving
of Broadway Street North and South in the City* of Rochester, as follows:
'THIS AGREEMENT, made and entered into and executed in duplicate
this ??? day of 19389 by and between the State of Minnesota,
acting, by and through its Commissioner of Highways, party of the first part,
hereinafter referred to as Mate, and the City of Rochester,. Olmsted
County, Minnesota, a municipal corporation, acting by and through its City
Council, party of the second part, hereinafter referred to as City,
WITNESSETH:
WHEREAS, Trunk Highway No.639 also known as Broadway Street,
passes through the City of Rochester, and
WHEREAS, the State is desirous of paving and improving a certain
section of said trunk highway #63 through the City of Rochester, from the
south property line of Fourth Street South to.the south property line of
Fourth Street North, said pavement to be the entire width of said street
as the same now exists, and
WHEREAS, the properties hereto are mutually desirous that said
improvement and paving be made and that the State shall only pay for the
cost and expense of the pavement and improvement of the center twenty (20)
feet of said portion of trunk highway #63 as above described,- same being the
normal width of the trunk highway, plus the sum of One Dollar and Forty
Cents ($1.40) per lineal foot of concrete pavement outside of the center
twenty (20) feet, and that the City shall pay for and reimburse the State fcr
the remainder of said improvement and pavement of said trunk highway #63.
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NOW TIJEREFORE, in consideration of the mutual covenants and agreements
of the parties hereto and other good and valuable consideration, it is agreed as
follows:
1.
That the State, in accordance with section 2557, Masa n's Minnesota
Statutes for 1927, both for itself and for said City, agrees to advertise for
bids for the improvement and paving of Broadway Street from the south property
line of Fourth Street South to , the south property line of Fourth Street North,
forming a part of Trunk Higfiway #83 as the same traverses the City of Rochester,
said bids to be called for and received and the contract to be let and work
performed in accordance with law and under the plans and specifications for the
entire project prepared and made by the Department of Highways, on file in the
office of the Commissioner of Highways, $tate of Minnesota, at St.Paul, and to
let the contract for said improvement and all thereof to the lowest responsible
bidder. It is agreed and understood, however, that 'the State shall not award any
contract unless and until the City first approves said award of contract.
II.
The letting of the contract for the performance of the work herein
described, and the manner of performance. of all the work hereunder,including
the acceptance and rejection of materials and supplies, and the acceptance and
r e jectition of completed work and portions thereof, and any other work, either
engineering or otherwise to be performed hereunder, shall be under the sole and
exclusive supervision and ,direction of the Commissioner of Highways of the State
of; Minnesota or his duly authorised representative, and the successful contractor
shall furnish good and sufficient indemnity bond to the State and to the City, as pro-
vided for in the proposal of such contractor, which proposal and the acceptance
thereof by the State shall form a part of this agreement, with the same force and i
effect as if all the terms and provisions were incorporated herein. j
It is contemplated that bids shall be called for and the contract let
and work commenced within a reasonable time after the execution of this agreement
and that the completion of said work and project shall be carried out as expedi-
tiously as possible. •
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That the State agrees to and will pay any and all and the entire cost
for labor, work and material and any and all other costs and expense used in
and about and incidental to the construction and completion of said project,
subject to reimbursement by City as hereinafter.provided. It is expressly agreed
and understood that of the total cost and expense of said project, the State shall
pay for the cost of paving and improving the normal width, to -wit, twenty (20) feet
of such improvement and paving, plus the sum of one Dollar and Forty Cents ($1.40)
per -lineal foot of concrete pavement._ outside of the center twenty (20) feet, and that
the City shall reimburse the State for all improvement and cost of paving over and
above said twenty (20), feet. of:_improv6meht' aria pawing,. plus the sum of One Do119.r
and _Forty Centa (S1.40) per lineal -foot of concrete outside, of the center- twenty.
(20) feet. It is provided, however, that the fitate shall pay the successful i
bidder as the work progresses, and as provided for in the proposal of the
successful bidder and the contract to be let to such successful bidder. It is
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the understanding and agreement of the parties hereto that upon satisfactory
I' completion and acceptance of,said project in writing by the Commissioner of
'Highways, and upon due statement from the Commissioner of Highways to the
City, covering the proportionate cost of such improvement and paving of
the City's share thereof as above stated, that the City shall, within
thirty (30) days thereafter, promptly pay to and reimburse without interest,
i the State for the entire cost and expense of such improvement and paving
beyond the normal width of twenty (20) feet of such improvement and paving,
plus the sum of $ne Dollar and Forty Cents ($1.40) per lineal foot of con-
crete pavement outside of the center twenty (20) feet. The City shall
likewise reimburse the State for the City's pro-rata share of the engineer-
;! ing and inspection expense of this project.
• V.
This agreement shall in no manner abridge or be in infringement
upon the rights of the City to levy assessments for property benefited by
this improvement and paving to the extent of the City's proportionate cost
and expense as above set forth.
V1.
It is further. agreed by and between the parties hereto, anything
to the contrary herein notwithstanding, that the Commissioner of Highways
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of the State of Minnesota shall not be personally liable or responsible in
any manner to the City 'or to any other person or persons whomsoever, for any
;i claim, dement, damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this agreement or the Per-
formance and completion of the work and improvement provided for herein.'
j. NOW THEREFORE, Be it resolved by the Common Council of the City
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of Rochester, Minnesota:
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i That the proposed foregoing contract between the State of
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Minnesota Department of Highways and the City of Rochester for the paving
of Trunk Highway No.639 and that additional pdrt of street lying on each
side thereof, from the south line of Fourth Street South to the sough line
of Fourth Street North, along BroadwaX Street North and South, be and the
same is hereby accepted in full according to the terms of said proposed
contract.
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Be it further resolved: That the Mayor and City Clerk of said
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City are hereby authorized and directed on behalf of the City of Rochester,
to execute the proposed contract and cause the same to be delivered to the
Department of Highways of the City of Rochester, Minnesota."
Upon motion by Lemmon second by Moody, that the said resolution
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be adopted as read,. and all votLng in favor thereof, President Liddle declared
the said resolution duly passed and adopted.
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President Liddle announced the appointment of Alderman Fryer as an
additional member of the Committee to confer with the Public Utility Board
regarding electrical inspection work.
Upon motion by Moody second by Green the Conmon Council adjourned.
City Clerk.
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