86-196 WHITE - C�TV CIEFiK
PINK - FINANCE G I TY O F SA I NT PA U L Council ///���
� CANARV +- OEPARTMENT ��,�/y�
9LUE - MAVOR File NO. �
Counc ' Resol tion
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Present.ed By .
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED that the City of Saint Paul enter into Agreement No. 62989
with the State of Minnesota, Department of Transportation for the
following purposes, to-wit to provide for payment by the State to the City,
in accordance with Minnesota Statute 16A.15, the State's share of the
costs of the pavement profiling and bituminous overlay construction and
other associated construction work performed upon and along Trunk
Highway No. 52 (Robert Street) from the south curb line of i tth Street
(near Tnmk Highway No. 94) to the river bridge over the Mississippi River
within the corporate city limits under City Project No. 85-P-4981 A and
State Project No. 6217-30 (T.H. 52=104).
BE IT FURTHER RESOLVED that the proper city officers are hereby
authorized and directed to execute such agreement, and
BE IT FURTHER RESOLVED that the City Cierk return three signed copies of
the agreement with three certified copies of this Resolution.
COUNCILMEN Requested by Department of:
Yeas p�eW Nays
�:���� Pub 1 i c rks ) 1-27-86
�a, [n Favor
Scheibel (a �
Sonnen Against BY
Tedesco
� C ^ 1986
Adopted by Council: Date r�a � `� Form Approv by City Attorney
Certified P-s b Council , ta BY
By a , �
App by Yfavor: Date ^ �_ Appr b Mayor for S mis ' n to Council
By BY
Pl����S�ED �,�tar� � - 1986 �
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�`N�E�Tq I
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D � Minnesota Department of Transportation
a �
�� o� Transportation Building, St. Paul, MN 55155
�OF TRP��� ROOm 607
May 27 , 1986 296-0969
Phone
Mr. A1 Olson
City Clerk
City Hall
St. Paul, MN 55102
In reply refer to: 330
Ccop. Const. Agree. No. 62989
City of St. Paul
S.P. 6217-30 (T.H. 52=104)
Roadway Improvement-Downtown Street
Robert Street from the Mississippi
River to 11th Street-Bituminous Overlay
Dear Mr. Olson:
Transmitted herewith for the City's use and retention is a fully
executed copy of the subject agreement between this department
and the City of St. Paul. This agreement provides for payment
by the State, pursuant to Minnesota Statute 16A. 15, for pavement
profiling and bituminous overlay construction performed upon and
� along Trunk Highway-N�r. _5,2 (Robert Street) from the soutYr-curb -
line of 11th Street (near Trunk Highway No. 94) to the river bridge
over the Mississippi River under City Project No. 85-P-0981A
and State Project No. 6217-30 (T.H. 52=104) .
Article II of this agreement provides for payment by the State to
the City upon full execution of the agreement and encumbrance of
state funds in the amount of $61 ,260. 15. Enclosed herewith is a
sample invoice and certification form for the City's use. Please
submit an original signed invoice and completed certification form
to this office; and upon receipt of the aforesaid documents, the
5 State will promptly process payment to the City for the costs of
this agreement.
Sincerely,
� �
._.. a �-
. M. e sen, P.E. =ti �,..�
Acting Municipal Engineer U����, `''� �
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Enclosures: � �
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Agreement - ,���
Sample Invoice =�� �,'
Certif ication Form � �� � '
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Rc.C. Peterson, Asst. City Engr. �f� T.� �-� ���}-�GC
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An Equal Oppor�unity E�nplc���er ��( 1 ��
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� a Department of Transportation j J,��,; 1 � A.h9. °
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`�tir �5Q 3485 Had(ey Avenue North, Box 9050 ��.,�� ��;�,z,�:; `�,���� �,����:� �
OF TRP North St. Paul, Minnesota 55109
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January 13, 1986 Tel ephone 779-1178
Mr. Donald E. Nygaard
Director of Public Works
City of st. Paul 15 �g�6
600 City Hall Annex �AN
25 West 4th Street
St. Paul, Minnesota 55102
Dear Mr. Nygaard:
SUBJECT: S.P. 6217-30 [T.H. 52=104)
COOPERATI.VE CONSTRUCTION AGREEMENT NO. 62989
ON T.H. NO. 52 [Robert St.]
IN 5T. PAUL
Transmitted herewith in triplicate is a proposed form of agreement with the City of St. Paul.
This agreement provides for payment by the State to the City, in accordance with Minnesota
Statute I6A.t5, of the State's share of the costs of the pavement profi�ing and biturninous
overlay construction and other associated construction work performed upon and along Trunk
Highway 52 [Robert 5treet] from the south curb line of llth Street [near Trunk Highway
No. 94l to the river bridge over the Mississippi River within the corporate city limits under
City Project No. 85-P-0981A and State Project No. 6217-30 (T.H. 52=104J.
If this agreement meets with your approval, kindly present it to the City Council for their
approval which includes original signatures of City Council authorized city officers and
the affixing of the City Seal on all three copies of the agreement. When all three copies
of the agreement have been executed by the City, please return them to this office with
three certified copies of a new resolution all bearing original signatures passed by the City
Council authorized its officers to sign the agreement on its behalf. A suggested form of
such resolution is also enclosed.
It is requested that the executed agreement and resolution copies be forwarded to this office
as soon as possible. Please advise us if there is any delay in the execution of the agreement.
A copy will be returned to the City when fully executed.
Sincerely,
�'�,$�,� 1� �C:.�. �
Ci ���.,
��Kermit K. McRae, P�`
District Engineer
Attachments
An Equa!Opportunity Employer
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62989
CITY OF ST. PAUL
RESOLUTION
BE IT RESOLVED that the City of St. Paul enter -
into Agreement No. 62989 with the State of Minnesota,
Department of Transportation for the following purposes, to-wit:
to provide for payment by the State to the City, in accordance
with Mir.nesota Statute 16A. 15, the State' s share of the costs
of the pavement profiling and �itumir�ous overlay construction
and other associated constructior. work performed upor, and along
Trunk Highway No. 52 (Robert Street) from the south curb� lir.e
of 11th Street (near Trunk Highway No. 94) to the river bridge
over the Mississippi River within the corporate city limits
under City Project No. 85-P-0981A and State Project No. 6217-30
(T.H. 52=104) .
_ _. __. _:_.o, , -
BE IT FURTHER RESOLVED that the proper City Officers are hereby .
authorized and directed to execvte such ag reement.
CERTIFICATION
State of Minnesota '
County of kamsey
City of St. Paul
I
I hereby certify that the foregoing Resolution is a true and correct �
copy of the resolution presented to and adopted by the
Council of the Cit of St. Paul at a
duly authorized meeting thereof held on the ay of
19 , as shown by the minutes of said meeting �
in my possession.
City Clerk
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62989
CITY OF ST. PAUL
RESOLUT ION
BE IT RESOLVED that the City of St. Paul enter
into Agreement No. 62989 with the State of Minnesota,
bepartment of Transportation fo r the following purposes, to-wit:
to provide for payment by the State to the City, in accordance
with Minnesota Statute 16A. 15, the State' s share of the costs
of the pavement profiling and bitumir�ous overlay construction
and other associated construction work performed upon and along
Trunk Highway No. 52 (Robert Street) from the south curb lir.e
of 11th Street (near Trunk Highway No. 94) to the river bridge
over the Mississippi River within the corporate city limits �
under City Project No. 85-P-0981A anci State Project No. 6217-30
(T.H. 52=104) .
BE IT FURTHER RESOLVED that the proper City�Officers are hereby . -- -
authorized and directed to execute such ag reement.
CERTIFICATION
;
State of Minnesota �
County of Ramsey .
City of St. Paul
I hereby certify that the foregoing Resolution is a true and correct
copy of the resolution presented to and adopted by the �
Cauncil of the Cit of St. Paul at a
duly authorized meeting thereof held on the ay of
19 � as shown by the minutes of said meeting
in my possession.
City Clerk
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DESIGN STATE OF MINNESOTA AGREEMENT N0.
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT 62ggg
S.P. 6217-30 (T.H. 52=104) -
State Funds
Agreement between A�IOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, and $61,260.I�
The City of St. Paul .
Re: Roadway Improvements AMOUNT
Downtown Street. Robert Street RECEIVABLE
From the Mississippi River to
llth Street. Bituminous Overlay �No���
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. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City" .
WITNESSETA:
WHEREAS the downtown street traffic was disrupted by the roadway
improvement project this past summer; and
WHEREAS the Robert Street overlay improvement construction was
planned for the summer of 1986; and
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b2989
WHEREAS in order to avoid disruption of street traffic for another
summer ; and
WHEREAS a better quality was achieved because Robert Street was
completed with the cross streets; and
WHEREAS said pavement profiling and bituminous resurfacing
construction was performed upon and along Robert Street from the
�
south curb line of 11th Street near Trunk Highway No. 94 to the
river bridge over the Mississippi River in accordance with City
prepared plans, specification and special provisions therefor
designated by the City as City Project No. 85-P-0981A and by the
State as State Project No. 6217-30 (T.H. 52=104) ; and
WHEREAS Minnesota Statute 16A.15 provides, in part, that no payment
shall be made and no obligation shall be incurred against any fund,
allotment or appropriation unless the Commissioner of Finance shall
first certify that there is a sufficient unencumbered balance in
such fund, allotment or appropriation to meet the same. However,
said statute also provides that claims presented against existing
appropriations without prior allotment or encumbrance may upon
investigation, review and approval by the Commissioner of Finance be
determined valid where the services, materials and supplies for
which payment is claimed have been actually rendered or furnished to
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fi2989
the State in good faith without collusion and without intent to
defraud. Thereafter, the Commissioner of Finance may draw his
warrant in payment of such claims in the same _manner in which other
claims properly alloted and encumbered prior to inception thereof,
are paid; and
WHEREAS it is the opinion of the State that said pavement profiling
and bituminous overlay construction performed by the City is
reasonable, valid and justitied and was performed in good faith
without collusion and without intent to defraud; and
WHEREAS the State is willing to participate in the costs of said
pavement profiling and bituminous overlay construction as
hereinafter set forth.
IT IS, THEREFORE, MUTUALLY AGREE.D AS FOLLOWS:
ARTICLE I - BASIS OF PAYMENT BY THE STATE
Section A. Construction Costs
The State shall pay to the City, as the State's full and complete
share of the city contract construction performed in accordance with
state approved city plans, specifications and special provisions
therefor designated by the City of St. Paul as City Project No.
85-P-0981A and by the State as State Project No. 6217-30 (T.H.
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62989
52=104 ) which are on file in the office of the City Engineer at St,
Paul, Minnesota, and in the office of the Commissioner of
Transportation at St. Paul, Ma.nnesota, and are made a part hereof by
reference with the same force and effect as though fully set forth
herein, the costs of ,the construction described below under "STATE
COST PARTICIPATION CONSTRUCTION" . Said payment by the State under
this agreement for construction work item costs is based on the
final quantitites of state cost participation construction work - �
items performed multiplied by the appropriate unit prices contained
in the construction contract.
Attached hereto, made a part hereof by reference and marked SCHED[3LE
"I" , is a tina3 construction cost estimate form which lists all of
- __--.
the state cost participation construction ittems -performed hereunder.— -
STATE COST PARTICIPATION CONSTRUCTION
100 Percent State Costs: All of the pavement profiling and
bituminous overlay construction performed upon and along Trunk
Highway No. 52 (Robert Street) from the south curb line of llth
Street (near Trunk Highway No. 94 ) to the river bridge over the
Miss�ssippi within the corporate city limits under City Project No.
85-P-�981A and State Project No. 6230-17 (T.H. 52=104� . Said
construction includes pavement profiling, removal of brick surface,
construction of bituminous overlay, pavement marking and adjustment
of inplace value boxes and frame and ring castings.
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52989
Section B. Construction Engineering Costs
In addition, said payment by the State of its share of construction
costs shall also be considered as payment in full for the State's
share of construction engineering costs incurred by the City in
connection with state cost participation construction.
ARTICLE II - PAYMENT BY THE STATE
Pursuant to the provisions of Minnesota Statute 16A.15, the State
shall pay to the City the amount of $61,260 .15 as reimbursement in
full for any and all costs incurred by the City for the State's
share of the construction performed in accordance with Article I
hereof. Said payment by the State to the City shall be made only
after all of the following conditions have been met:
1. Full and complete execution ot this agreement.
2. Encumbrance of state funds in the amount of $01,260.15.
3. Receipt by the State of copies of the appropriate endorsed and
cancelled city warrant(s) or check(s) for payment on the city
contractor 's invoice(s) covering the state cost garticipation
construction performed hereunder .
4. Receipt by the State of a certification form (provided by the
State) signed by the City' s Engineer in charge of the city contract
construction attesting to the following:
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62989
a. The satisfactory performance and completion, in accordance with
. the state approved city plans, specifications and special provisions
made a part hereof by reference, of the city contract constrt�ction
work represented in the city' s invoice,
b. The acceptance and approval of all materials furnished for said
invoice construction work relative to the compliance of such
materials to the State's "Standard Specifications for Construction", �
1983 edition.
c. The City having made payment in full to its contractor for the
construction work represented in the city's invoice.
5. When requested by the State, receipt by the State of copies,
_ . _ ��--- _ _ _
certified by the City's Engineer , of material sampling reports and
of material testing results for the materials furnished for the city
contract construction work represented in the city' s invoice.
6. Receipt by the State of a formal invoice (one original signed
copy and four reproduced copies) in the amount of $61,260.15 for the
total state cost participation per the terms and conditions of this
agreement.
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62989
ARTICLE III - GENERAL PROVISIONS
Section A. Maintenance
It is hereby understood and agreed that any maintenance agreement in
existance at the time of this agreement shall not be considered -
altered by this agreement and said maintenance shall be understood
to inclucle, but not limited to, snow and debris removal, resurfacing
and/or seal coating or any other maintenance activities necessary to
perpetuate said roadway portion in a safe and usable condition.
Section B. Examination of Books, Records, Etc.
As provided by Minnesota Statute, Section 16.095, the books,
records, documents, and accounting procedures and practices of the
_ City relevant to this agreement _are _ subject to examination by the _
contr�cting department or agency, and either the legislative auditor
or the state auditor as appropriate.
Section C. 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 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 defend at its own sole
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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 o€ the
City and all other persons employed 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 aIl
claims that may or might arise under the Worker 's Conpensation Act ,
of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a
. consequence of any act -or omission on the pa-rt of said city _- -
employees while so engaged on any of the construction, canstruction
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.
Section D. Agreement Approval
Before this agreement shall become binding and effective, 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.
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62989
IN TESTIMONY WHEREOF the parties have duly executed this agreement by
their duly authorized officers and caused their respective seals to be
hereunto affixed.
CITY OF ST. PAUL
Recommended for approval: (Signatures and City Sealj
By gy
Director of Public Works Mayor
Approved as to form: Date
By
A�si t n i�y Attorney By
� � '. Director of Finance and
Date Management Services
Date
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DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA
Recommended for approval:
By
�� Deputy Commissioner
Q��iBY of Transportatian
(G Director - Office of
Design Services Date
(Date of Agreement)
By
District Engineer
Approved:
BY �epartment of Administration
Assistant Division Director
Technical Services Division
By
(Authorized Signature)
Approved as to form and execution:
Date
By
Special Assistant Attorney General
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