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87-1045 WHITE - CIjV �LERK . PINK - FINANCE G I TY OF SA I NT PA U L Council �� �0�� CANARY — DEPARTMENT File NO. BLUE` — MAVOR Cou cil e lution --- Presented By c ` � /� Referred To Committee: Date Out of Committee By Date BE iT RESOLVED that the City of Saint Paul enter into Agreement No. 63967 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City of the lump sum amount of s225,000.00 for certain subgrade excavation, storm sewer, aggregate base, bituminous surfacing, miscellaneous removals, concrete median, type 2 curb, concrete walk, bituminous waik construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 (9th Street, then Sth Street, then 7th Street) from Engineer Station 10+14(St. Peter Street) to Engineer Station 38+19 (Wacouta Street) within the corporate city limits under City Project No. 87-P-0582B1 and No. 87-S-8002, State Project No. 6228-52 tT.H. 5=104) and State Aid Project No. 164-01Q-34. BE IT FURTHER RESOLVED that the proper city officers are hereby authorized and directed to excute such agreement. COUNCILMEN Requested by Department of: Yeas Drew Nays � Nicosia Publ iC W rks DJD fi-1 -$ Rettman IR FBVOi Scheibel � 2'�.C�Q� �. � Sonnen _ Agei(1St BY �edseee lrlfi/DR� � Adopted by Council: Date JUL 2 219$7 Form Approv by City Attorney Certified Pas• d y uncil Se ta BY sy� �J 2 7 'I�87 Appro ed b Mayor for Submi 'on o Cou 1 Approve b ;Mavor: Date � By — P�����!lE�J �U� 1 19�7 . . , � �' 3 ` (�-�-�-�o�s° DESIGN STATE OF MINNESOTA e�GREEMENT N0. DEPARTMENT OF TRANSPORTATIOI3 COOPERATIVE CONS�RUCTION AGREEMENT 63967 S.P. 6228-52 (T.H.5=104) State Funds Agreement between AMOtTNT ENCUMBERED The S ta te of Minnesota Department of Transportation, and $225,000.00 The . City of St. Paul Re: State cost qrading, paving and _ bituminous overlay construction AMOUNT by the City on T.H. 5 (9th St. � RECEIVABLE 8th St. � 7th St. ) from St. Peter St. to Wacouta St. in St.� Paul (None) THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of St. Pau1, Minnesota, acting by and through its City Council, hereinafter referred to 3s the "City". � v � • f �� lV�� V• s396� �4ITNESSETH: WHEREAS the City has awarded a contract for grading, storm sewer, paving, bituminous overlay and traffic control si�gnal systems construction and other associated construction work to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter Street) to Engineer Station 38+19 (Wacouta Street) withire the corporate city limits in accordance with city prepared plans, specifications and special provisions therefor designat2d by the City as City Projects No. 87-P-0582B1 and No. 87-S-8002 and by the State as State Project No. 6228-52 (T.H. 5 = 104) and State Aid Project �ta. 164-010-34; and WHEREAS Minnesata Statute 16A.41 authorizes the Commissioner of Transportation, under agreement with the City, to provide payment of an obligation by the State before the City starts the work; and WHEREAS said city contract includes certain subgrade excavation, storm sewer, aggregate base� bituminous surfacing, miscellaneous removals� concrete median, type 2 curb, concrete walk and bituminous walk construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter -2- c Vv ��l .__._. _ . . ___ _ __.___ _._ __.�.�, ��.._.. _,,,_..... _ _ .._ _.__. _. ___.,,,,.,_,.,, �. �_.- r . ...�,.._ _.. _ , _ . _.�_ .. _ _._... _, _ . � • i . �r�-io�s . b3967 Street) to Engineer Station 38+19 (Wacouta Street) that would qualify for State cost participation; and WHEREAS the City has requested participation by the State in the costs of said qualifying State cost participation construction and associated construction engineering and inspection; and WHEREAS the State is willing to participate in the costs of said qualifying State cost participation construction and associated construction engineering and inspection; and � WHEREAS the S ta te and Ci ty concur tha t a lump sum paymen t by the S ta te to the City in the amount of $225,000.00 for the State' s share of the aforesaid construction and construction engineering and inspection costs should be made as full and complete compensation; and WHEREAS in connection with said city contract, the construction of traffic control signal systems to be covered under Cit�r Projects No. 87-P-0582B1 and No. 87-S-8002 and State Project No. 6228-52 (T.H. 5 =104) and State Aid Project No. 164-010-34 will be covered under Traffic Control Signal Agreement No. 64023 between the Sta te and the City of S t. Paul ; a nd -3- r V� ` ,.._,.�_.._�__..,-���......._._,�_�.. .._,.._. .. __.�.,_........�.,..�,� ..,..,... ,-,�.�.:..._..,.,�....__._x,........�.,...._..�:.�..�._._. �_._....._,�..._...�_ _. � - . . ��-���s' , 53967 S�HEREAS Minnesota Statute 161.20 authorizes the Commissioner of Transporta tion to make arrangements wi th and cooperate wi th any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Awar� and Construction The City did receive bids and award a contract to the lowest responsible bidder for grading, .storm sewer, paving, bituminous overlay and traffic control signal systems construction and other associated construction work to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) within the corporate city limits in accordance with state approved city plans� specifications and special provisions therefor designated by the City as City Projects No. 87-P-0582BI and No. 87-5-8002 and by the State as State Project No. 6228-52 (T.H.5=104) and State Aid Project No. 164-010-34. Full and complete execuCion of this agreement is understood and agreed to be concurrence in such award by the State. Said city contract construction shall be performed in accordance with s3id state approved city plans, -4- R \ �� . ��/�y5 n3967 specifications and special provisions which are on file in the office of the City' s Engineer a t St. Paul, Minnesota, and in � the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section. B. Direction, Supervision and Inspection of Construction The city contract construction work contemplated herein shall be under the direction of the City� and shall be under the supervision of a registered professional engineer; however, the state cost participation construction to be performed under said city contract shall be open to inspection by the State' s District Engineer at Oakdale or his duly authorized representatives. In addition, the City shall give said District Engineer five days prior notice of its intention to start the work to be performed under said city contract. The responsibility for the control of materials for the state cost participation construction hereunder shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the Stat2' s "Standard Specifications for Construction" , 1983 edition. -5- � ` ��,-rd�5 63967 Section C. Completion of Construction The City shall cause said city contract const�uction to be started and completed in accordance with the time schedule set forth in the "Specifications" for City Projects No. 87-P-0582B1 and No. 87-S-8002 and State Project No. 6228-52 (T.H. 5=104) and State Aid Project No. 164-010-34. The completion date for said city contract construction may be extended by an exchange of letters between the City Clerk or the City' s Engineer and the State' s District Engineer at Oakdale for unavoidable delays encountered in the performance thereof. Section D. Extra Work, Plan Changes, Etc. The State shall not participate under this agreement in the cost of city contract work that is in addition to the state cost participation described herein. Section E. Compliance with Laws, Ordinances and Regulations It is understood and agreed that the City shall, in connection with the award of a construction contract for the work set forth herein and the administration and performance of said work, itself comply and cause its contractor to comply with all federal , state and local. laws including Minnesota Laws 1984, Chapter 440, together with all ordinances and regulations applicable to said contract award and the work to be performed thereunder. -6- . _---....__ ._ ,. . _ _ _, �.._,____,� .__. __.._._,_ _. _�. � _...., �_ ._ .� �_. . _ ...__ ..__,_,. . � C',�-�-ia�5� � b3967 Section F. Right of Way, Easements and Permits The City shall, without cost or expense to the State, obtain al,l rights of way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the city contract construction to be performed hereunder, and shall promptly furnish the State with certified copies of the documents for all such riqhts of way, easements, construction permits and/or other permits and sanctions. ARTICLE II - PAYMENT BY THE STATE � Payment for the state cost participation of certain subgrade excavating, storm sewer, aggregate base, bituminous surfacing, miscellaneous removals, concrete median, type 2 curb, concrete walk and bituminous walk construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter Street) to Engineer Station 38+19 (Wacouta Street) within the corporate city limits under City Projects No. 87-P-0582Bi and No. 87-5-8002 and State Project No. 6228-52 (T.H.5=104) and State Aid Project No. 164-010-34 shall be made by the State to the City as the State' s full and complete share thereof, including construction engineering and inspection, in the lump sum amount of $225,000.00 only after the following requirements have been met: -7- V�� : ,..... . ..s_. ...m...._.� :�...�_..�_�. _ . . (I,F��7-�ay5 53967 1. Encumbrance by the State of an amount equai to .$225,Q00.00 for aforesaid construction and construction engineering and inspection costs. 2. �ull and complete execution of this agreement and the State' s transmittal of same to the City. 3. Receipt by the Stat� of a written request from the City for said lump sum payment which includes certification by the. City that a contract for aforesaid construction has been awarded. ARTICLE III- GENERAL PROVISIONS Section A. Replacement of Castings � In connection with the adjustment of valve boxes and frame and ring castings on city owned utilities to be performec� by the city' s cantractor under the aforesaid city contract, the City hereby agrees to furnish its contractor with new castings and/or parts therefor when replacements are required, with no cost or expense to the State. Section B. Maintenance by the City It is hereby understood and agreed that, upon the satisfactory completion of the aforesaid city contract construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the State, of all of the storm sewer facilities, sanitary sewer -8- � ti� __........ ..�... .._... . ......___.....-..-,..,.e....__•_-.---•: .._...N_w_s.n...�...,...�a-........,s..:,..» ...«.a... _..._....._P T�.-�_._.__ ...._ .._-.�-n_�,... �� ..._ ... .n w+... . . . .. .�•._. . . (,��-�o�f� 53967 facilities and watermain facilities constructed within the corporate city limits under said city contract and that neither party to this agreement shall drain any additional drainage into said storm sewer facilities that is not included in the drainage for which said storm . sewer facilities were designed without first obtaining permission to do so from L-he other party. It is hereby understood and agreed tha t, upon the sa tisfactory completion of the aforesaid city contract construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the S ta te, of a 11 of the bi tuminous wa lk, concre te wa lk and concrete driveway pavzment used as concrete walk constructed within the corporate city limits under said city contract. Said mairttenance shall be understood to include, but not be limited to, snow �nd debris removal and any other maintenance activities nzcessary to perpetuate said bituminous walk, concrete walk and concrete driveway pavement in a safe and usable condition. -9- � \��` f � _.. ,..._.-.,....,..-.-,.�-_..., �.,._z.. ---..,._..-.�.....�._..._.,,,:t�_�.. _._ - .. __. e. � �.. _. �. .. .�-.�.,�.�• . _.,.r . . _ . _, � . � ��7-/4'�S 63967 Section C. Release, Reversion and Conveyance The State shall, upon the completion of the new Trunk Highway No. 5 (Eighth Street) restoration construction performed in accordance with Article 1 hereof, serve upon the City a "Notice of Release" placing that portion of existing Trunk Highway No. 5 (Ninth Street) from Wabasha Street to Jackson Street, the portion of Jackson �treet from Ninth Street to Sevznth Street, as well as the portion of Seventh Street from Jackson Street to Sibley Street, under the jurisdiction of the City. Upon receipt of said "Notice of Release" , the City shall become the road authority responsible for that portion of existing Trunk Highway No. 5 so released; and subsequent thereto, after all rtecessary and required documents have been prepared and processed, the State shall, revert and convey to the City, without cost or expense to the City, all right, title and interest of the State in the aforesaid portion of existing Trunk Highway No. 5 released to the City. Section D. Terms and Conditions Relative to Reversion and Conveyance It is hereby understood and agreed that, in consideration of reimbursement by the State to the City of the restor�tion construction performed hereunder, the City shall waive any and all eligibility to receive funds from the State, Pxcept for "Municipal Turnback Account" funds, for the reconstruction and improvement of aIl or any parts of -10- . ��� , ��-,o�s 1 G3967 that portion of existing Trunk Highway No. 5 reverted and conveyed to the City hereunder. The City hereby relieves the State of any obligation or responsibility to repair, restore and/or m3intain any part of that portion of existing Trunk Highway No. 5 reverted and conveyed to the release thereof by the State to the City and further relieves the State of any responsibility for payment of damages to the City or any other pa rty or parties in the event said portion of existing Trunk Hig hway No. 5 or any parts thereof are vacated; and the City hereby agrees to indemnify, save and hold harmless th2 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 reversion, conveyance and/or vacation of said portion of existing Trunk Highway No. 5 or parts theraof, 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 whatsoeve� character arising as a result of the reversion, conveyance and/or vaca tion of said portion of existing Trunk Highway No. 5. Section E. Claims The City indemnifies, saves 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 -11- � �L� . � � /�G�'/-/0�/5� V' 63967 out of or by reason of the city contract construction, associated construction engineering and maintenance work or services by the City hereunder, and further agrees to defand at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of said city contract construction, associated construction engineering and maintenance work and services by the City hereunder. It is hereby understood and agreed that any and all employees of the City and all other persons �mployed by the City in the performance of any .construction, construction engineering and/or maintenance work or services required or provided for hereunder by the City shall not be considered employees of the State and that any and all claims that may or might arise under the 6Vork�r' s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and aIl claims made by any third parties as a consequence of any act or omission on the part of said city employezs while so er�gaged on any of the construction, construction engineering and/or maintenance work or � services to be rendered herein by the City shall in no way be the obligation or responsibility of the State. -12- � � ` __� . ._ .._.__._ __,_F .,. . ._. __�..w..�,�..__T.�_._�_.�_,,.,.n.�,..a...__.�,_��,_e.__,,P.;,._nr.v_.. ._.., _._..., .,. �..,_ -- --- , • : ��7-/�/s� 63967 Section F. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section G. Agreement Approval Before this agreement shall become binding and effectivz, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such state officers as the law may provide in addition to the Commissioner of Transportation or his duly authorized representative. -13- ��� � - �-�,a�s- , . . 63967 IN TESTIMONY WHEREOF the parties hava duly executed this agreement by thzir duly authorized officers and caused thzir respective seals to be hereunto affixed. CITY OF ST. PAUL Recommended for approval: (Signatures and City Seal) . By BY Director of Public Works �iayor Approved as to form: Date n By , As stant ity A torney By ' Director of Finance and Date Management Services Da te DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommen e for approva : By � Deputy Commissioner gx of Transportation � ; : rector Agreement �� Servi es Section Date Date of Agreement) By District Engineer Approved: gY Department of Administration Deputy Division Director Technical Services Division By (Authorized Signature) Approved as to form and execution: Da te By Special Assistant Attorney General t -14- �A/`��/� " Cl Publ ic Works DEPARTMENT � �1��� NO 1134 Daniel J. Dunford CONTACT �M �921 75� PHONE 1 June 1'S, 1987 � DATE 1 Q,/�� ,. � �� ASSIGN NUN�ER FOR ROVfING ORDER (Clip All Locations for Signature) : or � Director of Management/Mayor 3 Finance and Management Services Director 6 City Clerk 4 Budget Director �City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : An Agreement will be signed whereby tf�e State wi�ll pay its share of $225,000 for the construction of the EIGHTH STREET Improvement. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: REC ��)�� ' � EIVED � �� �—' None JUN 2 5 }9�7 OFFICE OF THE p1RECT�R DEPARTMENT OF FfNANCE AND MANqGEMENT SERVICES FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: 5225,000.00 quired if under - $�o,00a) Funding SOUrCe: Minnesota Department of Transportation (MnDOT� Activity �umber: RECEIVtD ATTACHMENTS (List and Number Al l Attachments) : JUN 191987 , . coun�� � Resolution CITY ATTC�RNEY 2. Three copies of Agreement DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes No Yes X No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) .�fev i sed 12/84 �/1,,�'�'�-iny.5 A G E N D A M A T E R I A L .� ------------------------------- ------------------------------- COUNCIL ID# � � DATE RECEIVED (� � .� � AGENDA DATE AGENDA ITEM�� �����-��" �.���-�- ��z�-4�� /���N�o,��3�'-� �- RESEARQi STAFF ASSIGNED ���� n . ����- ORIGINATOR e� l� l��'Q=�/ CONTACT � `'7��' ��3 COUNCIL ACTION MASTER FILE INFO AVAILABLE - ` `��,�, � �,�,.�,.�-�-_ 3 ���� ORD/RESOL.�� DATE FILE CI,OSID � � �� , � � /�'�Vv � 1 r . . �'� �-- 1 � �5 aJNNE�Tq O 2 D ° Minnesota Department of Transportation � � 3� �� Transportation Building, St. Paul, MN 55155 ~T OF TRP�� Pnone 296-0969 October 13, 1987 Mr. Albert B. Olson City Clerk � --':':, City Hall � . = St. Pau 1 , MN 55102 - �'.�' In reply refer to: 330 Coop. Const. Agree. No. 63967 City of St. Paul S.P. 6228-52 (T.H. 5=104) State Funds State cost grading, paving and bituminous overlay construction by the City on T.H. 5 from St. Peter St. to Wacouta St. in St. Paul Dear Mr. Olson: Enclosed herewith for the City's use and retention is a fully executed copy of the subject agreement between the City of St. Paul and this department. This agreement provides for the lump sum payment of $225,000.00 by the State to the City of the State's share of grading, paving and bituminous overlay construction to be performed under a contract let by the City. Said payment of $225,000.00 will be made upon a receipt from the City of a written request from the City for said lump sum payment which includes certification by the City that a contract for the aforesaid construction has been awarded. A sample invoice is enclosed for the City's use. Sincerely, �.�.�..� ��t.�.�1��� Clarence Michalko, P.E. Municipal Agreements Engineer cc: Robert C. Peterson, Asst. City Engr. An Equa!Opporrunily Employer 63967 WITNESSETH: WHEREAS the City has awarded a contract for grading, storm sewer, paving, bituminous overlay and traffic control signal systems construction and other associated construction work to be performed upon� along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter Street) to Engineer Station 38+19 (Wacouta Street) within the corporate city limits in accordance with city prepared plans, specifications and special provisions therefor designat2d by the City as City Projects No. 87-P-0582B1 and No. 87-S-8002 and by the State as State Project No. 6228-52 (T.H. 5 = 104) and State Aid Project No. 164-010-34; and WHEREAS Minnesota Statute 16A.41 authorizes the Commissioner of Transportation, under agreement with the City, to provide payment of an obligation by the State before the City starts the work; and WHEREAS said city contract includes certain subgrade excavation, storm sewer, aggregate base, bituminous surfacing, miscellaneous removals, concrete median, type 2 curb, concrete walk and bituminous walk construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter -2- � �� . •� , , . 03967 Street) to Engineer Station 38+19 (Wacouta Street) that would qualify for State cost participation; and WHEREAS the City has requested participation by the State in the costs of said qualifying State cost participation construction and associated construction engineering and inspection; and WHEREAS the State is willing to participate in the costs of said qualifying State cost participation construction and associated construction engineering and inspection; and WHEREAS the S ta te and Ci ty concur tha t a lump sum paymen t by the S ta te to the City in the amount of $225,000.00 f or the State' s share of the aforesaid construction and construction engineering and inspection costs should be made as full and complete compensation; and WHEREAS in connection with said city contract, the construction of traffic control signal systems to be covered under City Projects No. 87-P-0582B1 and No. 87-S-8002 and State Project No. 6228-52 ( T.H. 5 =104) and State Aid Project No. 164-010-34 will be covered under Traffic Control Signal Agreement No. 64023 between the State and the City of St. Paul; and -3- � ,n � � U�. 03967 WHEREAS Minnesota Statute 161 .20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing , maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City did receive bids and award a contract to the lowest responsible bidder for grading, storm sewer, paving, bituminous overlay and traffic control signal systems construction and other associated construction work to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Stree t then Seventh Street) within the corporate city limits in accordance with state approved city plans, specifications and special provisions therefor designated by the City as City Projects No. 87-P-0582B1 and No. 87-5-8002 and by the State as State Project No. 6228-52 (T.H.5=104) and State Aid Project No. 164-010-34. Full and complete execution of this agreement is understood and agreed to be concurrence in such award by the State. Said city contract construction shall be performed in accordance with said state approved city plans, -4- ,n� � � UV ` 63967 specifications and special provisions which are on file in the office of the City' s Engineer at St. Paul, Minnesota, and in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction, Supervision and Inspection of Construction The city contract construction work contemplated herein shall be under the direction of the City� and shall be under the supervision of a registered professional engineer; however, the state cost participation construction to be performed under said city contract shall be open to inspection by the State' s District Engineer at Oakdale or his duly authorized representatives. In addition, the City shall give said District Engineer five days prior notice of its intention to start the work to be performed under said city contract. The responsibility for the control of materials for the state cost participation construction hereunder shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State' s "Standard Specifications for Construction" , 1983 edition. -5- � r 63967 Section C. Completion of Construction The City shall cause said city contract construction to be started and completed in accord.snce with the time schedule set forth in the "Specifications" for City Projects No. 87-P-0582B1 and No. 87-5-8002 and State Project No. 6228-52 (T.H.5=104) and State Aid Project No. 164-010-34. The completion date for said city contract construction may be extended by an exchange of letters between the City Clerk or the City' s Engineer and the State' s District Engineer at Oakdale for unavoidable delays encountered in the performance thereof. Section D. Extra Work, Plan Changes, Etc. The State shall not participate under this agreement in the cost of city contract work that is in addition to the state cost participation described herein. Section E. Compliance with Laws, Ordinances and Regulations It is understoad and agreed that the City shall, in connection with the award of a construction contract for the work set forth herein and the administration and performance of said work, itself comply and cause its contractor to comply with all federal , state and local laws including Minnesota Laws 1984, Chapter 440, together with all ordinances and regulations applicable to said contract award and the work to be performed thereunder. -6- i G3967 Section F. Right of Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights of way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the city contract construction to be performed hereunder, and shall promptly furnish the State with certified copies of the documents for all such rights of way, easements, construction permits and/or other permits and sanctions. ARTICLE II - PAYMENT BY THE STATE Payment for the state cost participation of certain subgrade excavating, storm sewer, aggregate base, bituminous surfacing, miscellaneous removals, concrete median, type 2 curb, concrete walk and bituminous walk construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 (Ninth Street then Eighth Street then Seventh Street) from Engineer Station 10+14 (St. Peter Street) to Engineer Station 38+19 (Wacouta Street) within the corporate city limits under City Projects No. 87-P-058281 and No. 87-S-8002 and State Project No. 6228-52 (T.H. 5=104 ) and State Aid Project No. 164-010-34 shall be made by the State to the City as the State' s full and complete share thereof, including construction engineering and inspection, in the lump sum amount of $225,000.00 only after the following requirements have been met: -7- U�� 03967 1. Encumbrance by the State of an amount equal to $225,000.00 for aforesaid construction and construction engineering and inspection costs. 2. Full and complete execution of this agreement and the State' s transmittal of same to the City. 3. Receipt by the State of a written request from the City for said lump sum payment which includes certification by the City that � contract for aforesaid construction has been awarded. � ARTICLE III- GENERAL PROVISIONS Section A. Replacement of Castings In connection with the adjustment of valve boxes and frame and ring castings on city owned utilities to be performe�� by the city' s contractor under the aforesaid city contract, the City hereby agrees to furnish its contractor with new castings and/or parts therefor when replacements are required, with no cost or expense to the State. Section B. Maintenance by the City It is hereby understood and agreed that, upon the satisfactory completion of the aforesaid city contract construction, the City shall , thereafter provide for the proper maintenance , without cost or expense to the State, of all of the storm sewer facilities, sanitary sewer , _$_ � ' u"'1 63967 facilities and watermain facilities constructed within the corporate city limits under said city contract and that neither party to this agreement shall drain any additional drainage into said storm sewer facilities that is not included in the drainage for which said storm sewer facilities were designed without first obtaining permission to do so from the other party. It is hereby understood and agreed that, upon the satisfactory completion of the aforesaid city contract construction, the City shall thereafter provide for the proper maintenance , without cost or expense to the State , of all of the bituminous walk, concrete walk and concrete driveway pav2ment used as concrete walk constructed within the corporate city limits under said city contract. Said maintenance shall be understood to include, but not be limited to, snow �nd debris removal and any other maintenance activities necessary to perpetuate said bituminous walk, concrete walk and concrete driveway pavement in a safe and usable condition. -9- e \�� i 03967 Section C. Release , Reversion and Conveyance The State shall, upon the completion of the new Trunk Highway No. 5 (Eighth Street) restoration construction performed in accordance with Article 1 hereof, serve upon the City a "Notice of Release" placing that portion of existing Trunk Highway No. 5 (Ninth Street) from Wabasha Street to Jackson Street� the portion of Jackson Street from Ninth Street to Sev2nth Street, as well as the portion of Seventh Street from Jackson Street to Sibley Street� under the jurisdiction of the City. Upon receipt of said "Notice of Release" � the City shall become the road authority responsible for that portion of existing Trunk Highway No. 5 so released; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall, revert and convey to the City, without cost or expense to the City, all right, title and interest of the State in the aforesaid portion of existing Trunk Highway No. 5 released to the City. Section D. Terms and Conditions Relative to Reversion and Conveyance It is hereby understood and agreed thatr in consideration of reimbursement by the State to the City of the restoration construction performed hereunder, the City shall waive any and all eligibility to receive funds from the State, except for "Municipal Turnback Account" funds, for the reconstruction and improvement of all or any parts of -10- �� � ��� � � . � , � , � , ' " ' . STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAiIL } I� . .. . . . . . . .Albert.B: .O1son...... ... . . . . ..City Clerk of the City of Saint Paul, Minnesota, dc hereby certify that I have "compared the attached copy of Council File No. . . .g�,-1045..�. . .... as adopted by the City Council... . . .. .... . . . July. 22. . ....19. 87... and approved by the Mayor. . ... .. .. ....... . . . July. 27. . . . ..19.8�... with the original thereof on file in my off ice. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minnesota this . , , , .18th . l . . , day of ,,, ,, � August. .. � .�A.D. 19.8�. , P /: r,,+/�'�✓, , _� , �' (i/_�,-/ . . . . . a-. :.....-a. �.��.?.�r-.. ..�;a.. L.. .-s sr.:1.. .. . ..... City Clerk.�,., ; ., �'t . ; ._.. � ��NAN�E GITY OF SAINT PALTL Council � t�N�ar - OEP�RTMEHT �� `Q,/C ` 9�UE` - MAVOR FIIQ NO. l �F�� � ' +� � + � � � � Cou cil e lution � � - ,� Presented By � Referred To Committee: Date Out of Committee By Date BE IT RESOLVfD that the City of Saint Paul enter into Agreement No. 63957 with the State of Minnesota, Department of Transportation for the following purposes, to-wit to provide for payment by the State to the City of the lump sum amount of �225,000.00 for certain subgrade excavation, storm sewer, aggregate base, bituminous surfacing, miscellaneous removals, concrete median, type 2 curb, concrete waik, bituminous waik construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 5 t9th Street, then 8th Street, then 7th Street) from Engineer Station 10+14(St Peter Street) to Engineer Station 38+19 (Wacouta Street) within the corporate city limits under �ity Project No. 87-P-058281 and No. 87-S-8002, State Project No. 6228-5� (T.M. 5=104) and State Aid Project No. 164-010-34. BE IT FURTHER RESOLVED that the proper city officers are hereby authorized and directed to excute such agreement. COUNCILMEN Requested by Depactment of: Yeas Drew Nays (� Nicosia [n Favor P ub 1 i c W rks DJ D 6-1 -8 16� Rettman � ;���/�/� � � Scheibel Y son�e� _ Against BY -�sds�eo I�E lDf�' -�*� Adopted by Council: Date JUL 2 Z �Q$7 Fotm Approv by City Attorney Cert�fied Pas- d ,!y uncil Se ta �y 8 � ' ; Approve b Vlavor: Date �J Z � �87 Appro ed Mayor for Submi 'on o Coun '1 By p��t.R���3 ,41.►� 1 198? ,_.___ �,�....�.:...�.._r._...�.,.,� ....._.._m.�.._.�_,._ - — - � � g �- ���" (SAMPLE INVOICE) CITY OF CO-OP City Halll Co-op, Minnesota, 46000 Invoice No. 1943 Date: March 10, 1978 Municipal Agreements Engineer Minn. Department of Transporatation Transportation Building, Room 607 St. Paul , MN 55155 Agreement No. 50000 City Project No. 7-Stm-77 S.P. 8607-47 (T.H. 61=3) PARTIAL BILLING N0. OR COMPLETE AND FINAL BILLING State's State of Costs as Per $46,568.63 Agreement No. 50000 I hereby certify that the above is true and correct and that the costs were incurred in accordance with the terms of Agreement No. 50000. Responsib e City icia City of Co-op Note: Please leave a 3-inch square margin in lower left hand corner for our signature stamp.