89-980 WNA�E -� CITV CLERK �
P�.NK - FINANCE �y CO Cil
CANARV -bEPARTMENT GIT 1 OF S I a Pavr.
/ BI.UE - MAYOR FIl NO. �
� Counc ' olution ;r���� ;
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Presented By
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vReferred To ��'�1C-� Committee: Da ���� �'9
Out of Committee By Da
WHEREAS,plansfaMinnesotaDepaztmentofT 'on(MaDOT)S.P. er
6283-137 and 6283-143(T. H. 94=392j have been d by MaDOT showing sed
alignment,profiles,grades and cross sections for the o ction of I-94 between e Lafayette
Bcidge and Third Street as pact of its program to reco I-94 b�ween downtown ' eapolis
and downtown Saiat Paul,and
WHERF,AS,bridge plansfor this freeway constructi h to be modified afterthe' tial design
because bridges Numbered 62875 and 62876(the bri ges urying mainline eastbo and
westbound traffic overthe Buriington NathernR ' )were extended to !y
accomodate abicycle trail gropased byt,he Parks Dep nttobe constcvcted bel ebridges
and to the east side of the railroad tracks,and
WHEREAS,storm sewers will be consTructed to c Ci stormwaterflow aswell starmwater
flow fram t6e freeway,aad
WHIItEAS,the modified bridge plans and added bri ge onswction costswill t 41,737.01
to be paid by the Ciry to the State from CIB funds, th Ciry's share of the sewer Yswction
costs will tatal�29,653.92 to be paid by the City to e from Sewer Bonds. T totat to be
encumbered by the Ciry to the State for this project b $571,390.93,now,there
BE IT RESOLVED,that t,he City of Saint Paul appro e DOT plans Numbered S. . 6283-137
and S. P. 6283-143(T. H. 94=392)and approve an e into Agreement Numb 650 with
MnDOT for�571,390.93 to be paid to MnDOT fro CI funds and Sewer Bonds f t�he costs af
e�ctendi.ng bridges Num.bered 62875 and 62876, aad or e Ciry's share of the sew onsuvction
costs,and
BE TT FL'RTHER RESOLVED,that the proper City ici s are directed and authori d to execute
saidagreeme�rt.
COUNCIL MEMBERS Requested by Department f:
Yeas Nays
Dimond
�� [n Favor ,
Goswitz `
Rettman �
scneine� _ Against BY
Sonnen
Wilson
Form A p oved by ty orney'
Adopted by Council: Date l
Certified Passed by Council Secretary BY � J J
gy,
dlpproved by Mavor: Date Ap r y Mayor for Su io to Council
By
WNiTE - CITV CLERK
pINK .� FINANCE GITY OF INT PAUL ouncil (�/�C/,�'; G
CANARV - DEPARTMENT jy@ NO. " ' ��" �
1 BLUE - MAVOR
� Council esolution '
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Presented By
Referred To Committee: ate
Out of Committee By te
BE IT FURTHER RESOLVED, that the City h y requests that a Suppl mental
Agreement between the Minnesota Departm t Transportation and th City be
prepared whereby ornamental rails similar to ha on the Mounds Boule d Bridge be
extended along the west side of Mounds Bou ev d irom the bridge to Si Street,
and that the City ag�ees ta fund the c�fferenc in ost between the railin and the vinyl
chain link fence which is presently proposed oximately $48,000,
BE IT FURTHER RESOLVED, thai the City h requests that the vinyl hain link
fence proposed for the east side of Mounds I vard from Interstate 9 o Third
Street be constr�ucted only from Interstate 94 0 out S�rey Street ext ed so that
the adjacent property along Mounds Boulev d i not sep�ated from th Boulevard
by the fence.
COUNCIL MEMBERS Requested by Departme of:
Yeas Nays
Dimond Js."' PubliC Works (DJD) 6-19-89
�� [n Favor
--so�
Rettman �
sche;be� _ Against BY
�nnn..
W1�SOII n
�� Z 2 �7 Form Appr y City t e
Adopted by Council: Date
Certified as- ouncil . BY
By
A►ppr e by Mavor: Date — �
JUN 2 31989 Approved by Mayor Eor S mission to Council
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$ BY
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C�w�AV - OEV�wTrrE�+T G I ;Y O F S I vT PA U L File N 0.--���=:�-�1l=-__.
e�uC - .��ron
� � Counci esolution � ��-- -�
Presented By
Referred To Committee: I Date
Out of Committee By Date
WHIItF.A.S,plans for?�linnesata Department of ortation(MaDOT)S.P 'umber
6283-137 aad 6283-143(T. H. 94=392)have b n ared by NinDOT show' proposed
silignment,profiles,gcades and crosssectioas for e econstruccionof I-94 be eathe I,afa}'etxe
Bddge und Third Street as parc of iu program to co a I-94 between down wn Minneapolis
and downtown Saint Pavl, aad
�ifHEREAS.bridge plans for this freeway co cti had to be modified after e inicial design
because bridges Numbered 62875 and 62R76(th bri es carrying mai.nline e onnd and '
westbound traffic overthe Burli.ngton Nort6ernR ' ad tracks)were ea�tended safely
accomodate abic3-cle trail pcoposed by the Packs ep ent to be construcced low the bridges
" � - and to the east side of che railroad tracks,and
«HERE.35,s2orm sewers will be construc�ed to -Cicy stocmwateri7ow as ell as s�ormwater
flow from the freewa}, and
«'HERE��,the modified bridge plans and adde bri ge consuuction cosuw� ocal S541,737.01
to be paid by the Cit��co the Scate irom CIB fund , the CiN's share of t�e s e:cons'�c-i:c�.ic�
c�su v�ill total�29,653.92 to be paid by the City o e State from Sewer Bond The tocal to be
encumbered by the CiR'to the State for this proje w be S57I,390.93,now, erefore
BE iT RESOL�'ED,cl�at the Cit�-ol Saint Paul a pro e;�1nDOT plans tiumbe d S. P. 6283-137
and S. P. 6283-143 (T'. H. 94=392)and approve and enter into.3greement�vTu ber 65650 with
�inDOT for�571,390.93 to be paid co ivfnDOT m CIB funds and Sewer Bo ds for the cosu of
ei-tendiag bridges'vumbered 62875 and 62876, d rthe Cit,y-'s Share of the r�er consuuction
costs, and
BE IT FL-RTHER RESOLVED,that the proper C ry icials are directed and au ocized to execute
sandagreement:
COUNCIL MEMBERS
Yeas Nays Requested by Depart ent of: /
Dimood `
�os In Favor ,
Gosw;tz � �
Rettman �
Sche;bd Against BY
Sonnen
Wilson
Adopted by Council: Date Form Approved by C y Attocney
Certified Passed by Council Secretary BY —
g�.
Appruved bv Wavor: Dale _ Approved by :4tayor E c Submission io Council
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File N�.
Co cil Resolu 'on
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Presented By
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Referred To Committ Date
Out of Committee By Date
BE IT rU�Ti-iEn R�SGLVE�, that e ity hereby rec�uests th a Supplemental
A�reement ber,veen �F�e �linnesota ep ment cf Transportati and the �ity be -
prepare� wh�r2�y crrar;�:ental rails �il to that on t,tie Moun 8oulevard Bridge be
extenc�Pd alcn� the �!�est sice of Ulcu ds �oulevard �rom the bri e to Sixth S�eet.
and That the City ac�ees to iun� the � nce in cost between �ing and the v�nyf
cnai� fink fence wh�ch is presentiy po ed. approximatel 48 C0. d
BE IT FURTHEP �;�SOLVED, that th Cit hereby requests ihat t e vinyl chain link
fence proposed fcr the east side of Mo nd Boulevard �rom (nter te 94 to Third
Str�et be constructe� �nly �rem Interst te 4 to abcut Surrey S�e ex�endeu so that
ihe adjacert prcperty along Mcurus S ul vard is nct separated � m t�e Boufevard
Fy ?he `ence.
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COUNCIL MEMBERS
Yeas Nays Requested by Departme t of:
Dimond Public Woz'ks (DJD) 6-19-89
��s in Favor
��sW,t, C..�.-,�-�; - � ,�_�;.r��������sl
Rettma� . B l� ;�
s�nr�ne� _ A ga,n s t Y , ,
Sunnen �� , �
Wilson
Form Approved by City A orney
Adupted by� Council: Date
Certified P�::�ed bt• Council Sec:e'ar•; BY
B i --
Approved by 4lavor. Date ___ __ pproved by Mayor for Sub ission to Council
Bv ---- ------- ---- -- BY
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BE IT FURTHER RESOLVED, that the ity ereby requests that Supplement�,�
Agreement between the Minnesota Dep rt ent of Transportation nd the City be
prepared whereby ornamental rails simil r t that on the Mounds oulevard Bridge be
extended along the west side of Mounds Bo levard from the bridg to Sixth Street,
and that the City agrees to fund the diffe en e in cost between th railing and the vinyl
chain link fence which is presently propo ed approximately $48,0 0, and
. BE IT FURTHER RESOLVED, that the ity ereby requests that t e vinyl chain link
fence proposed for the east side of Mou s oulevard from Inter ate 94 to Third
Street be constructed only from Interstat 9 to about Surrey Stre e�ended so that
the adjacent property along Mounds Bo lev rd is not separated f m the Boulevard
by the fence.
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4. 6/27/89 Final Order: Recon tr tion of B-624 cur Laid over in
and gutter and remo i legally installed Committee to
asphalt boulevard a place with , 7-5-89
appropriate landsca ing on the South side
Winter Street from pi ol Blvd. to
Capitol Heights at 10 apitol Blvd.
5. Final Order: Impro ing the alleys in Approved 3-0
Block 26, Chas. Weid 's Subd. of Blocks 25
and 26 Arlington Hil s ddition by grading
alley to the easterl N rth-South alley
and grading and pavi g he westerly North-
South alley from Si A enue to the north
line of Lot 24 in sa'd lock 26. Also
construct a sewer in th alley for storm
water purposes. Als f r slope
construction in the bo e said alley
grading and paving. (P oject bounded by
EDGERTON, SIMS, PAYN A D YORK) . (Laid
over in Committee b/ /8 ) .
6. Resolution 89-978: pp oving amendments Laid over in
to the CABLE ACCESS T. PAUL INC. By-Laws committee to
as proposed by the C SP Board of Directors 7/19/89
on May 29, 1986. (R fe red to Committee
6/1/89) .
7. Resolution 89-979: A pr ving amendments to Laid over in
the CABLE ACCESS ST. PA L INC. By-Laws as committee to
proposed by the CASP Bo rd of Directors on 7/19/89
May 9, 1989. (Refer ed to Committee
6/1/89 .
8. Resolution 89-980: ut orizing proper Approved 3-0
City officials to ex cu e an agreement
with the State Depar me t of
Transportation for C ty s share of costs
of sewer and bridge or on I-94 between
the LAFAYETTE BRIDGE an THIRD STREET.
(Referred to Committ e /1/89).
9. Ordinance 89-1002: n rdinance granting Laid over in
permission to Burlin to Northern Railroad committee to
Company to construct o erate and maintain 7/5/89
an OPTICAL FIBER COM UN CATIONS CABLE in
the public right-of- ay from the
Burlington Northern ra ks south of I-94's
Sixth Street Ramp to th Burlington
Northern offices on if h Street between
Sibley and Jackson. Re erred to Committee
6/6/89).
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10. Resolution 89-1009: Amending the 1986 CIB Laid over in
budget by adding a252,000 for SHEPARD ROAD � CommitteE to
consulting design fees. (Referred to 7�5�gg
Committee 6/6/89) .
11. Resolution 89-770:, Requesting the Mayor to Laid over in
direct the Department of Finance and Management con�nittee to
to reduce by �28,000 the 1989 assessment against 7/5/89
properties which did not receive promised street
cleaning services in the Fall of 1988.
(Referred back to Committee 6/8/89).
12. Street and Alley Assessment Notices. (Laid over Laid over in
in Committee 6/7/89) . Committee to
7/5/89
13. Resolution 89-323: Plan to phase out certain Laid over in
water systems. (Laid over in Committee 6/7/89) . Committe� to
' 7/5/89
14. Ratification of Assessment for Summary Abatement Laid over in
for property at 2219 Summit Avenue (PIN 05-28- Committee to
23-13-0067) . Referred to Committee 6/13/89) . 7/5�gg
15. Other Business.
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Members:
- ' CITY O AINT PAUL Roger J. Goswitz� chair
�""""� ' Janice Rettman
!��L!?u! OFFIC� O T E CITY COUNOIL I
Tom Dimond
1 Date: June 21, 198
Com it ee Report RECEIVED
To: Saint Paul City Counci JUN 211989
ClTY CLERK
From :Public Works, Utiliti s, and Transpor tion
Committee
Roger J. Goswitz, C a r
1• Approval of minutes o June 7, 1989.
Hearing Date Approved 3-0
2• 6/21/89 Final Orders: Sidew lk construction and/o
reconstruction at t e ollowing locations
S-8911 - Both sides E. MINNEHAHA AVENUE Approved 3-0
from Cypress to Ear S reet;
, S-8912 - South side MO TREAL AVENUE from
St. Paul Avenue to leveland Avenue;
S-8913 - Both sides �IL ARD AVENUE from S.
Cleveland to Return ou t; Both sides
VILLARD COURT from V'l1 rd Avenue to cul- �
de-sac;
6/21/89 S-8914 - South side RO T AVENUE from N. Approved 3-0
Western Avenue to Ar nd 1 Street;
S-8915 - Both sides . AWSON AVENUE from
Rice St. to Park St. ;
S-8916 - East side W ST INSTER STREET from
E. Hyacinth Avenue t E. Cottage Avenue;
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CITY HALL SEVENTH FLOUR SA[ PAUI.� MINNESOTA 55102
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6/27/89 S-8917 - East side ARUNDEL STREET from Approved 3-0
Holly Avenue to Ashland Avenue; ,
S-8918 - Both sides MARSHALL AVENUE from
Kent Street to N. Dale Street;
S-8919 - North side THOMAS AVENUE from
Virginia St; to N. Western Street;
S-8920 - East side N. VICTORIA STREET from
St. Anthony to W. Central Avenue; South
side W. CENTRAL AVENUE from Victoria to N.
Avon Street; West side N. AVON STREET from
St. Anthony Avenue to W. Central Avenue;
North si.de ST. ANTHONY AVENUE to W.
Central Avenue; North side ST. ANTHONY
from N. Avon to N. Victoria (with integral
curb) (Maxfield Elementary School site) .
7/6/89 S-8921 - Both sides ELEANOR AVENUE from S. Approved 3-0
Chatsworth Street to 160 feet west of
Rogers Street; .
S-8922 - Both sides E. GEORGE STREET from
S. Robert Street to Livingston Avenue;
South side E. GEORGE STREET from
Livingston Avenue to Gorman Avenue;
S-8923 - South side E. WYOMING STREET from
Woodbury Street to Brown Street at 314 W.
Wyoming Street;
S-8924 - Both sides CHARLES AVENUE from N.
Milton Street to N. Chatsworth Street.
7/6/89 S-8925 - Both sides GLENDALE STREET from Approved 3-0
Beverly Road to St. Anthony Avenue;
S-8926 - Both sides LAUREL AVENUE from N.
Pascal Street to N. Saratoga Street;
S-8927 - East side S. MISSISSIPPI RIVER
BLVD. from Goodrich to Princeton; North
side PRINCETON AVENUE from Woodlawn to
Mississippi River Blvd. ;
S-8928 - North side OTIS AVENUE from Approved 3-
Pelham Blvd. to Eustis; S-8929 - South 0, delete
side PRISCILLA STREET from Raymond Avenue 480 & 486
to Gibbs Avenue; Otis.
S-8930 - Both sides LAFOND AVENUE from N. Approved 3-0
Hamline to N. Albert Street.
3. 6/27/89 Final Order: Reconstruction of 8-624 Laid over in
concrete curb and gutter on the West side Committee to
of LEECH STREET from Capitol Blvd. to 7-5-89
Capitol Heights at 610 Capitol Blvd.
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AGREEMENT STATE F INNESOTA AGREEMENT N0.
SERVICES DEPARTMENT F RANSPORTATION
SECTION COOPERATI E ONSTRUCTION
AG EE NT 65650
S.P. 628 137 (T.H. 94=392)
S.P. 628 143 (T.H. 94=392 )
Fed. Pro . IR 094-3 (476)
Agreement between AMOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, n (None)
The City of St. Paul
Re: City cost bridge and sto ewer ESTIMATED AMOUNT
construction by the State o RECEIVABLE
T.H. 94 in St. Paul
$571, 390. 93
THIS AGREEMENT is made and en er d into by and tween the State
of Minnesota, Department of T an portation, her nafter referred
to as the "State" and the Cit o St. Paul, Min sota, acting by
and through its City Council, h einafter refer d to as the
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WITNESSETH: I
WHEREAS the State is about o ward a contract for grading,
surfacing, storm sewer and ri ge constructio and other
associated construction to e erformed upon, long and adjacent
to Trunk Highway No. 94 fro gineer Station 3+81.4 ( 190 feet
west of the Lafayette Bridg ) to Engineer Sta ion 99+46 .8 ( 1360
feet east of Mounds Boulev d in accordance ith State plans,
specifications and special r visions therefo designated as
State Projects No. 6283-13 ( .H. 94=392) an No. 6283-143
(T.H. 94=392 ) and in the r co ds of the Fede 1 Highway
Administration as Minnesot oject IR 094-3 (476 ) ; and
WHEREAS the State contract i cludes the cons ruction of storm
sewer facilities which co le t and convey st rm water drainage
from both highway right o w y and adjacent ity property; and
WHEREAS at the City' s req es Bridges No. 6�' 75 and No. 62876
westbound and eastbound T u Highway No. 9� over the Burlington
Northern Railroad tracks, w re lengthened bl 76 feet over and
above that length which i ecessary to acc� mmodate normal trunk
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highway traffic; and
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WHEREAS the City has exp es ed its willing ss to participate in
the costs of said storm e r and bridge c struction as
hereinafter set forth.
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IT IS, THEREFORE, MUTUALLY AGRE D S FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE ST TE
The State shall, in connection it the award of t e construction
contract, administration of sai c ntract and the erformance of
construction engineering for St te Projects No. 62 3-137
(T.H. 94=392) and No. 6283-143 (T. . 94=392) do an perform the
following.
Section A. Contract Award
Duly advertise for bids and awar contract to th lowest
responsible bidder for the Trunk H'ghway No. 94 gr ing,
surfacing, storm sewer and bridg onstruction and ther
associated construction in accor a e with State p ns,
specifications and special provi i s bearing the ove project
number designations and which ar file in the o ice of the
Commissioner of Transportation a S . Paul, Minnesd a, and are
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made a part hereof by reference it the same force� and effect as
though fully set forth herein.
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Section B. Direction and Su er is 'on of Construc on
Direct and supervise all constr c ion activities rformed under
said contract, and perform all o struction engin ring and
inspection functions necessary . o the satisfacto completion of
said contract construction.
Section C. Plan Chan es Addit'o al Construction Etc.
Make changes in plans or in the c aracter of said contract
construction, including the Cit ost participati n construction
hereunder, which are reasonabi n cessary to caus said
construction to be in all thin s erformed and co pleted in a
satisfactory manner, and to th t nd and as suppl mental to the
contract, to enter into any ch ng orders or supp emental
agreements with the State 's co tr ctor for the pe formance of any
additional construction or con tr ction occasione by any
necessary, advantageous or des ra le changes in ans . However,
the State ' s District Engineer t akdale or his ly authorized
representative will inform the a ropriate City ficial of any
proposed change order or suppl m t to the const ction contract
which will affect the •City cos articipation he under.
Section D. Satisfacto Com 1 t'on of Contract
Do and perform all other acts n functions nece sary to cause
said contract to be completed 'n a satisfactory anner.
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65650
ARTICLE II - CONTRACT AWARD REC NDATION BY THE ITY
Promptly following the opening, a ulation and ver fication of
bids received for State Projects N . 6283-137 (T.H 94=392) and
No. 6283-143 (T.H. 94=392) cons u tion contract, he State shall
submit to the Director of Public W rks of the City a certified
copy of the low bid and an abstr c of all bids re eived by the
State for said project construct'o contract toget er with a
request for the City' s recommend t on relative to he award of
the construction contract for sa'd state projects . In the event
the City desires to make recomme d tions relative the award of
said construction contract, it s a 1 do so within n calendar
days of the receipt of the afore a'd bid documents from the State
in writing to the State ' s Contra t dministration gineer at St.
Paul, Minnesota. Any recommenda i s made by the 'ty regarding
the award of a construction cont ac for said stat projects
shall be given due consideration bu shall not be 'nding on the
State, and the State shall have he exclusive righ to determine
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to which bidder said constructio c ntract shall b awarded in
accordance with the State ' s "Sta da d Specificatio for
Construction" , 1988 edition. ,
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ARTICLE III - INSPECTION BY THE CI Y
The construction of State Proje ts No. 6283-137 (T H. 94=392) and
No. 6283-143 (T.H. 94=392 ) shal b under the supe vision and
direction of the State; however t e city cost par icipation
.
construction hereunder to be pe fo ed under State Projects No.
6283-137 (T.H. 94=392) and No. 28 -143 (T.H. 94=3 2) may be
inspected periodically by the C'ty s Director of P lic Works or
his authorized representatives . I the City, afte the said city
cost participation construction o k hereunder has een
completed, believes said constru t on work has not een properly
constructed or that the work is e ective, the Cit shall inform
the State ' s District Engineer at 0 kdale in writin of such
defects . Any recommendations ma e by the City reg ding the work
performed under this agreement a e not binding on e State, and
the State shall have the exclusi e ight to determi e whether the
work has been satisfactorily per o ed by the State s contractor.
Al1 work covered under this agre m t shall be perf rmed in
substantial accordance with the fo esaid state pro ect plans,
specifications and special provi io s .
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ARTICLE IV - BASIS OF PAYMENT BY TH CITY
Section A. Construction Costs
The City shall pay to the State, as the City's full share of the
costs of the contract constructi n o be performed ereunder, the
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costs of the construction descr b d below under " TY COST
PARTICIPATION CONSTRUCTION" and o the costs of a contract
change orders or supplemental a r ments which may� be necessary
to complete said City cost part ci ation construct on and the
cost of any settlements of clai s ade with the St te's
contractor in connection with s id City cost parti ipation
construction.
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Said payment by the City hereun er of the City's s are of
construction costs shall. be bas d n the final qua tities of City
cost participation construction o k items perform d or the final
payment quantity in the case of 1 n quantity item multiplied by
the appropriate unit prices cont i ed in the const ction
contract to be awarded by the St t hereunder and/ multiplied
by the appropriate unit prices c n ained in any su lemental
agreements to the State ' s contra t which provide f City cost
partic•ipation construction.
A SCHEDULE "I " , which lists all f he anticipated ity cost
participation construction and c ns ruction enginee ing items to
be performed hereunder, is attac ed hereto and made a part hereof
by reference.
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65650
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It is hereby understood and agr ed that any and all liquidated
damages assessed the State 's co t ctor in connect� on with the
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construction performed under sa d contract shall x� sult in a
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credit shared by the State and Ih City in the sa� proportion as �
their total contract constructi n cost share is t� the total
contract construction cost wit u any deduction � r liguidated
damages . I
CITY COST PARTICIPATION CONSTR CT ON
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All of the following construct'on to be performed upon, along and
adjacent to Trunk Highway No. 4 rom Engineer St tion 43+81.4
( 190 feet west of the Lafayett B idge) to Engine r Station
99+46 . 8 ( 1360 feet east of Mou ds Boulevard) wit n the corporate
city limits under State Projec s o. 6283-137 (T. . 94=392) and
No. 6283-143 (T.H. 94=392) .
76 . 4 PERCENT
The 48-inch storm sewer pipe i t manhole 0405, nd the 42-inch �;
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storm sewer pipe from manhole 04 5 to manhole 04 2 and out of
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manhole 0402 , together with m nh le 0405 and its casting
assembly, as shown in the con tr ction plan for tate Project No.
6283-137 (T.H. 94=392 ) and as de cribed and tabu ated on Sheet
No. 2 of the attached SCHEDUL " " • I
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10 . 871201 PERCENT
Bridge No. 62875, westbound Tru k ighway No. 94 o er the
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Burlington Northern Railroad tr ck , with the exce tion of the
item "Haul Salvaged Material" , Is escribed and ta ulated on
Sheet No. 3 of the attached SCH DU E "I " .
4 . 653350 PERCENT
Bridge No. 62876 , eastbound Tru ighway No. 94 o er the
Burlington Northern Railroad tr k , as described nd tabulated
on Sheet No. 4 of the attached S H DULE "I " .
Note: An additional 76 feet of e gth was added t the designs
of Bridges No. 62875 and No. 628 6 at the request f the City.
The rates of cost participation w re determined b dividing the
engineer's estimated cost for th dditional bridg length by the
total engineer' s estimated const u tion cost for e ch bridge.
The estimated cost of the additi n 1 length of eac bridge was
decreased by a credit for the co t of the 76 feet f roadway
which will not be built due to t e additional brid length.
Section B. Prorated Constructio osts
In addition, said payment by the C'ty shall also i lude an
amount equal to the City' s final t tal share of co truction
costs as determined in accordanc ith Section A. ove
multiplied by the City' s prorate hare of the con act costs of
Items No. 2021. 501 "Mobilization nd No. 563 . 601 raffic
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Control" . The formula by whic aid additional yment shall be
determined is set forth in sa' ttached SCHEDUL "I" . Said
additional payment represents th City's proport'onate share of
the prorated item costs incur ed in connection w th the aforesaid
City cost participation const uc ion.
Section C. Construction En i e rin Costs
In addition to payment of th a oresaid constru tion costs
including the prorated item os s, the City sha 1 pay to the
State a prorated share of th c nstruction engi eering costs for
field engineering and inspec i , preparation progress and
final estimates reports, rec r sampling, and terial testing
and inspection which will be i curred by the S te in connection
with said City cost partici t on construction Such
construction engineering co ts shall consist o charges made by
State personnel assigned to sa'd contract and f a classification
no higher than "Principal E gi eer" (Resident ngineers assigned
to State district offices a d placed in charg of construction
projects are classified as r'ncipal Engineer�) as recorded under
the State construction cos a counting work i em code numbers .
appropriate for such const c ion engineeringlactivities on the
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"Time Report" (Form TC 30) an the "Cost Dist ibution" (Form TC
I
32 ) forms . Said City pror te cost share sha� 1 be determined
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using the method and formula se f rth in said at ched SCHEDULE
„I„ .
(Note: For the purposes of e ti ating the City' share of said
construction engineering costs s hown in the att ched SCHEDULE
"I" , the State has used an amou t qual to 8 perce t of the
estimated amount computed as th C ty's total shar of the
aforementioned construction cos hich includes t e City's share
of the prorated item costs . )
ARTICLE V - PAYMENT BY THE CITY
Section A. Estimate and Advance e t of the Cit ' s Cost Share
It is estimated, for accounting u oses, that the ity' s share
of the costs of the construction t be performed b the State
hereunder which includes the Cit 's share of the p rated item
costs plus the 8 percent constru ti n engineering st share
(used for estimating purposes on y) is the sum of 71, 390 .93 as
shown in the attached SCHEDULE " " The State shal , when a
construction contract is awarded wh ch includes the City cost
participation construction to be pe formed hereunde , prepare a
revised SCHEDULE "I " based on th c nstruction cont act unit
prices and submit a copy of said e ised SCHEDULE " ^ to the
City. The City agrees to advanc t the Commission r of
Transportation an amount equal to t e City' s total ost share as
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set forth in said revised SCHE UL "I" be it morelor less than
said sum of $571,390 . 93 in acc rd nce with the fo lowing
advancement schedule.
CITY COST SHARE AD EMENT SC D LE
Forthwith upon the execution of t is agreement an upon receipt
of a request from the State for s ch advancement funds, the
City shall advance to the Commi s 'oner of Transpo� ation an
amount equal to the City' s cost s re of storm ser� r construction
as described and tabulated on S ee No. 2 of the vised SCHEDULE
"I " .
On or before April 1, 1990, the Ci y shall advance to the
Commissioner of Transportation n mount equal to he City's cost
share of Bridge No. 62875 as se f rth on Sheet No 3 of the
revised SCHEDULE "I " .
On or before April 1, 1991, the i y shall advance o the
Commissioner of Transportation a ount equal to e City' s cost
share of Bridge No. 62876 as set f th on Sheet No. 4 of the
revised SCHEDULE "I " .
Section B. Final Pa ent b the Ci
It is contemplated that all of t e onstruction to le erformed
P
under said contract is to be don o a unit price b sis . Upon
the completion and acceptance of th construction p ovided for in
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said contract and upon computin e final amount ue the
contractor performing the const uc ion, the State hall compute
the total cost of the City part ci ation construct on as set
forth hereunder. If the total os of the City pa ticipation
construction is less than the ou t of the funds dvanced by the
City, then, and in that event, he balance of said advanced funds
shall be promptly returned to t ity without int rest. If the
total cost of the City particip i n construction xceeds said
amount of funds advanced by the i y, the City agr s to promptly
pay to the State the difference.
Pursuant to Minn. Stat. 15 .415, h State waives c im for any
amounts less than $2 . 00 over the ount of City fu s previously
received by the State, and the C t waives claim f the return
of any amounts less than $2 . 00 o s ch funds advan d by the
City.
Section C. Acce tance of Cit ' s Fi al Cost Share a d of
Com leted Constructi n
It , is understood and agreed that th aforesaid comp tation by the
State of the amount due from the Ci y hereunder sha I be final,
binding and conclusive. It is f t er agreed that he acceptance
by the State of the completed co t uction performe under the
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contract shall be final, bindi g nd conclusive u on the City as
to the satisfactory completion of said constructiln.
ARTICLE VI - GENERAL PROVISIONS
Section A. Plan Changes
The City may request changes in t e plan by a dul adopted City
Council resolution for State Pr j ts No. 6283-13 (T.H. 94=392 )
and No. 6283-143 (T.H. 94=392) o truction to be erformed
hereunder in order to satisfact ri y complete the foresaid City -
cost participation construction a d if the State etermines that
said requested plan changes are ne essary and/or d sirable, the
State will cause such changes i p an to be made a d
appropriately alter the affecte c nstruction.
Section B. Maintenance
It is hereby understood and agre d that, upon the atisfactory
completion of State Projects No. 6 83-137 (T.H. 94 392 ) and No.
6283-143 (T.H. 94=392) construct o , the City shal thereafter
provide for the proper maintenan e, without cost o expense to
the State, of all of the storm s we facilities co tructed
within the corporate City limits un er said projec and that
neither party to this agreement ha 1 drain any ad tional •
drainage into said storm sewer f ci ities that is n t included in
the drainage for which said sto s wer facilities ere designed
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without first obtaining permis io to do so from he other party.
The drainage areas served by t e torm sewer facilities
constructed under this agreeme t re shown in a dlainage area
map, EXHIBIT "Drainage Area° , hi h is on file inithe office of
the State ' s District Hydraulicl E gineer at Oakda e and is made a
part hereof by reference with he same force and ffect as though
fully set forth herein.
Section C. Claims
.
It is hereby understood and agr e that any and a employees of
the State and all other persons e ployed by the S te in the
performance of the construction a /or constructi engineering
work or services required or pr v' ed for under t s agreement
shall not be considered employe s f the City and hat any and
all claims that may or might ar se under the Worke ' s
Compensation Act of the State o M'nnesota on beha f of said
employees while so engaged and Iny and all claims ade by any
third parties as a consequence f ny act or omiss on on the part
of said employees while so enga ed on any of the c nstruction
and/or construction engineering o k or services t be rendered
herein shall in no way be the o i ation or respon 'bility of the
City.
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It is hereby understood and agr e that any and a 1 employees of
the City and all other persons m loyed by the Ci y in the
performance of any of the main en nce work or se lices required
or provided for under this agr em nt shall not belconsidered
employees of the State and tha a y and all clai that may or
might arise under the Worker' s C pensation Act the State of
Minnesota on behalf of said em 1 ees while so e aged and any
and all claims made by any thi d parties as a co sequence of any
act or omission on the part of s id employees wh le so engaged on
any of the maintenance work o s rvices to be re dered under this
agreement by the City shall i n way be the obl gation or
responsibility of the State.
The City at its own expense w 1 defend, indemn' y and save
harmless the State and all of i s agents, offic s and employees
of and from any and all claim , demands , action or causes of
action of whatsoever nature o haracter arisin out of or by
reason of the City' s neglige cts or omission in connection
with the maintenance work co er d by this agree ent.
Section D. Nondiscriminatio �
The provisions of Minnesota t tute 181.59 andl f any applicable
ordinance relating to civil i hts and discrim nation shall be
considered part of this agre m nt as if fully et forth herein.
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Section E. A reement A roval
Before this agreement shall b co e binding and e fective, it
shall be approved by resoluti n f the City Cou � il of the City
and shall also receive the ap r val of such Stat� officers as the
law may provide in addition o he Commissionerlof Transportation
or his duly authorized repre e ative. I
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IN TESTIMONY WHEREOF the parti s ave duly execut d this agreement by
their duly authorized officers an caused their r spective seals to be
hereunto affixed. I
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� CITY OF ST PAUL
Recommended for approval: (Signature and City Seal}
By gy
Director of Public Works I Mayor
Approved as to form: Date
By
Assistant City Attorney By
Direct of Finance and
Date Mana ment Services
Date
DEPARTMENT OF TRANSPORTATION STATE OF MI NESOTA
Recommended for approval:
By
Q Depu y Commissioner
BY �• s - ��- 9 of ransportation
/� 19 Director - A reement
����� Services Section Date
(Dat of Agreement)
By
District Engineer
Approved:
By Department d Administration
Deputy Division Director I
Technical Services Division I
By I
� (Aut rized Signature)
Approved as to form and executio :
Date
By
Special Assistant Attorney Gen ra
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