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88-1025 wH�TE — cirr c�ERK COUf1C11 G PINK - FINANGE G�ITY OF SAINT PAITL CANARV - DEPARTMENT a � �n�� BLUE - MAYOR File NO. �� l� Cnuncil Resolution { � Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve the Agreements between the City of Saint Paul and the City of West Saint Paul pertaining to the improvemlent of BIDWELL STREET from Annapolis Street to Winona Street (a street of� common border) , City Project 88-P-1044; and the proper City officers are a thorized and directed to execute the Agreements on behalf of the City of S int Paui , a copy of said Agreement to be maintained on file in the Office of t e Department of Finance and Management Services. � �I ,II COUNCIL MEMBERS Requested by Department of: �_ Yeas Nays ` � Dimond � Publ ic Works (TEK 5-25-88) �� �� [n Favor Goswitz Rettman � . s�ne�ne� Against By - Sonnen -i�4be�r �N 2 3 � Form Approved by City Attorney Adopted by Council: Date Certified P:ss by Council Secretary BY By, ' Yh. /�� Approved b Mavor: Date _�UN � 4 � Appro by Mayor for S i to Council By � �— P!l�LISNEO J U� ~ 2 i988 ���o� o„��„� ��� ���f� ��� �. [� Publ d c;Mlor Department 6-2-88 ��19 J�, �� _ �von ion�er � Ja�k Oavis �E Foa ����� 1� �� ; ��I�11 � � � Ho�mr� � �o�oR �r Publ �c Wo�ks J . ia ����C "WOr 5 ORDER: cm arrow�v � Council Re alution giving autfi �-ity to the prop�r city afficials to enter into co�structton aqr-eements wi th the Ci ty of Wes Saint Paul for the imprc�nents to' BIDI�I,L STREE�' froia '` Annapolis treet to �tinona Stre t. � IIEOd1�AT10iqL:C (A)a ReJsc1(R)) OGIlpCN.,RESEARCH REM011T: . ' ' . PLAN'MdO - � CMl SERVICE COMMISBION�.�I DATE IN DATfi OUf � - � . PFIOME NO. . . . : . ZOIA110 COMM � _ 18D 6ffi 8df00L 80ARD I. . . ' � . . � $TAFF -� d�NR'TER COMM�ON � �I COMPLEfE AS IS -ADD'L INFO. �_�FOR .��CE'��• 018TRk:T�OUNCIL * . . ` . TION: � BUPPORTS WHICH COUNCIL� 4 . . � . . . . � . . . . . . REC�IVED �u� � �9ae C i Ly C4unc i 1 app roved F i na 1 0 rd I r OFFlCE OF THE DIRECTOR for constru tion an January 26, I 1988. I �(J� � � �98g DEPARTMENT OF F(NANCE i AND MANAGEMENT SERYICES � � - .at�►t.a.noetsM, orPOnn,Nrt,r�nw,wna,vn,�. :wn»: _ . I Initjated b tk�e Qepartment of �blic Works to imiprove the poor dratnage and �tding -� . quality af he driving surface. Without khe agreements to share costs, ti�e City of : Saint Pau:l id have to pay allicosts or do no construction at all.. � Council Research Cen�e� �►�+c .�a.�...►+.�r. - 1. The cons �uction costs wilt shared with the City of West Saint Paul. . -2. Cortstruc ion �wi)1 ceaipleta th I improve�e�ts requi cad for >tfie_ �ss�ance of bui lding - pera�i ts. , . . -. -. coweou�ces tw�, ,rw ro wna„7: ' . =: if approved y the City Councii , �lthe City will be abie to proceed vrith construction. j - .. : : II k.�wu►rwe�: I . � , � ; �. , Leave as is. . I Assessments wiil not be 1 . Properties on the levied s�d city funds for Saint Paul side Kill subsidy will not be spent not be able to be �I developed. 2. Ma i ntena�ce p rob l en�s �sroernnEC�rrs: w cont nue. 'Fhese agre ts are similar to alreements entered fo� coiamon border streets. � � uow.�ues: ' - '� i . � � �-� _ _ . � � - , COOP�RATIVE CONSTRUCTION AGREEMENT .�y_ , __-_- ---- y - - - ---- - _ _ _._.a._ ---., 1 -- -��. . -_ _ _ _. _ _ _ , _ ., _ . . . - _ _- - _- , . _ .�.._..___ __g_�_ . __ . _ _- - - - - _ - - THIS AGREEMENT, _m�de and entered irrta this day of , . -- 1988, by and between �he-CITY OF WES7 SAINT PAUL,amunicipai corporaiion under the laws of the State of Minrte�sota, hereinafter referred to as-"Wesf Saint Paul", and the � CITY OF SAINT PAUL, a murhicipal corporation under the laws of the State of Minnesota, � __ ._ _ ,.- - . hereinafter referred to as "Sai��t Paul". WITNESSETH: � - WHEREAS, West Saint �'aul and Saint Paul for some time have been negotiating to _ _. ---�,�- ____ - -- _ bring abouf fhe-=improveme�t- I�rf thaf porfi6n o#81DWELL�TREE'f betwesrr�nnapo(is --°�_ _ __ -Street ar�d�Winc�na�S#reet, a s�reet of common baundary; and- _-- WHEREAS,_the improve �ment contemplates and includes grading, catch basins and : - leads, concrete curb_and gutter, bituminous_surface, sanitary sewer, water main, water __ --- � _ service connections, and othe� related work; and . __ _ -- WHEREAS, Saint Paul is';preparing plans and specifications for the above described ._. __--- ._ - _ _ _._ - ,. . ._ . . �_ r -_- _ . improvement; and . � _ _ - _ _ - _ - _ _ WHEREAS, the above described improvement-ties within the corporate limits of West . � -�Sair�t-Pat�l;�a�____ _ _ _ .� _____ __ - -:� . ._,� �. - --- ------- _---_---_�HEJ�E�4S,=#he Sain�kP�,a�1=Gity€r�gi�+ee�h��--o�u�e��-i�-prep�sd�-engineer's .� �--. -- �_, y �-estimaias-Df�tbe quanti#i�es and�unit_pric�s_of.ma�erials and IabQr`for the above described � improvement. A copy of said estimates (marked Exhibit "A" and "B") are attached hereto -- -- -___ _ � _, _ _ - -�-- -___ and by this reference are made a part hereof; and WHEREAS, it is contempl�ted that said work be camed out by the parties hereto ._ _ .:._r _ _ . - _�._.: ..,._._._ __..� . _ - - -.- _. _ -- . . _ _ . under#he provisions of Minnesqta Statutes Sec. 471.59. � I� G',����' � NOW,THEREFORE, IT IS H�REBY AGREED: I, L West Sairrt Paul, by this�Agreement, permits and authorizes SaiM Paul to bid and award a contract to construct'�the above mentioned street improvements and related work within the corporate limits of WVest Sairrt Paul in accordance with the plans and specifications approved by both parties. ' II. All construction permits�or said irnprovements required by either party for work in its corporate timits by the seconc� party are granted upon execution of this Agreement. � III. All extra work orders or Ghanges during the construction for said improvements shall be subject to prior approval by both parties prior to construction. � � IV. West Saint Paul will com�ensate Saint Paul for one-half of the roadway and drainage construction costs as estimated in Exhibit "A". The cost thereof being the amount of �35.313.82. It is understood tl�at the above cost will be adjusted when actua! costs are determined and that West Saint Paul will compensate Saint Paul one-half the entire total of actual costs attributable to tt'�e road and drainage work to be performed under this Agreement. Also, West Saint Paul will compensate Saint Paul for ali of the water main - costs as estimated in Exhibit "�". The cost being �23.256.50. It is underst000d that the _ above water main cost will be �djusted when actual costs are _ determined and that West Sair� Paul will compensate Saint Paul the entire total of actual .:.. _ _ _ _.� -- _ _ - costs aftributable to the water r�hain work to be performed under this Agreement. tt is also _ . _ - - _ _ _ agreed that West Saint Paul wil;l not be participating in costs of sanitary sewer main nor the - - -costs of water service connections. All records and costs pertaining to the work to be performed under this Agreemer�t shall be kept by Saint Paul and West Saint Paul in accordance with the established record keeping and accounting procedures developed by _ __ . , - _each party. Upon completion of,the work, Saint Paul will submit a payment request. payable in full within sixty (60) days of billing date. � 2 ..��. , , 'I . .. . ���� . , a � it is understood that all aforementioned services include actuai engineering artd inspection cost not to exceed 20.5% of the amount bid. V. Maintenance and publiC safety wiU be the responsibility of Saint Paul during the construction phase. Upon thp completion of the construction of these improvements, the maintenance and Qwnership bf the water main shall be the sole responsibility of West Saint Paul, and the ownership and maintenance of the sanitary sewer shall be the sol� responsibility of Saint Paul. �urther, each party agrees to indemnify and save harmless the other party and their employees from any and all loss, damage, injury or fiability of every kind for the above defined periods. VI. It is further agreed that any and all employees of West Saint Paul�nd all other persons engaged by West Saint Paul in the performance of any wark or services required, volunteered or provided for herein to be performed by West Saint Paul sha(I not be considered employees ofi Sair�t Paul, and that any and all claims that may arise under the Workmen's Compensation Ac� of the State of Minnesota on behalf of said employees while so engaged, and any and all �laims made by any third parties as a consequence of any act or omission on the part of �aid empoyees while so engaged on any of the work or senrices provided to be rendeted herein shall in no way be the obfigation or responsibility of Saint Paul. Also, any and �II employee of Saint Paul and all other persons engagedby Saint Paul in the performance�of any work or services required� volurrteered or provided - #or I�erein to be_performed hX$aint Paul shalt not be considered employees of West ,.,..._. :, .._ , Saint Paut, and that any and aill claims that may arise under lllrorkmen's Campensation Act of the State of Minnesota on behalf of said employees while so engagecl, and any and all - claims made by any third parti�s as a consequence of any act or omission on the part of said employees while so enga'1qed on any of the work or services provided to be rendered herein shall in no way be the o,bligation or responsibility of West Saint PauL The provisions of Minnesbta Statutes, Section 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination shall be considered a part of this Agreement as if fully set forth lierein. I, , 3 I, � . + + � . . .. � . � ��� � IN TESTIMONY WHER�OF,the parties hereto have caused this Agreement to be executed in their behal# resp�ctively by their proper o�icers thereunto duly authorized and have caused their corporate �eals to be hereunto affixed as of the day and year first above written. ; Approved as to Form: CITY OF SAINT PAUL - BY B As an City A Mayor BY �� � � Director of Public Works I . BY �-- � Director, ance & Management Service i ' CITY OF WEST SAINT PAUL ; BY Mayor _ _ _ BY ' - _ � _ ;- � - .y�..._ _�_ . _ .._,_ _ �_.__, - . I BY ' � ,, 4 - � , . ��!�-" - EXHIBIT••A•• � Engineer's Estimate for (�rading, Paving, Curbing and Drainage � on BIDWELL STREET from Annapolis Street to Winona Street I $58.61j 2.15 . a � Eng. & ins�. �12.015.49 � TOTAi� $70.627.64 i One-half Total - $35,313.82 � -__ __-._ i i � ; � � . 5 ; ; Q��� ��,�, .« . • i w `��� EXHIBIT••B° , Engineer's Estimate � ' for Water Main on _ BIDWELL S�TREET from Annapolis Street to Winona Street , i $19.30� i � . I �nq. & Insp. � 3.95 .50 ; TOTAL $23.256.50 � { � i I . , �I 6 � � �