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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 � - 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 � --_, �'-i� ,' y t� �`N�E�Tq I �� l � � �° y� 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����, `''� � f � Enclosures: � � ,'��' � o Agreement - ,��� Sample Invoice =�� �,' Certif ication Form � �� � ' :�� �;� � �, � Rc.C. Peterson, Asst. City Engr. �f� T.� �-� ���}-�GC �'�„" '� An Equal Oppor�unity E�nplc���er ��( 1 �� � I --•�„+.,.�.�,.,,a.�>,.:«-�.�.,,e�......�._...�.,,-,..�,-,�....._,..,._.�......---------- - , �;�c�'Cr�' .1�1(v _ _.. ._ ----.__....._ ��r1NESpT� � � < <_.. �..... 9 yt�` �� �0 2o Minnesota � { � a Department of Transportation j J,��,; 1 � A.h9. ° � o� District 9 � `�tir �5Q 3485 Had(ey Avenue North, Box 9050 ��.,�� ��;�,z,�:; `�,���� �,����:� � OF TRP North St. Paul, Minnesota 55109 w v_____._—�----•----�-._.___._. 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 ,._ :,. . ..,w.. .. ,..�_� ,�..�� _ . .. ���....... .s..,.....,_ --��,.,.�a. � ��. - /�r�� 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 . ..._. .... .._.._.......,.. ,u.�... .:.;......__:.FC.c:,.:,m. ���..ww.:.+..++a4tiuk�.'ar -......�:.w...�:.... , ��G '/ �� 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 .. �r= ��-���� 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 �� ` .� s . . ��= ��-��la 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 -2- V1,► �R� !' _ . /� ,f��-� �L, 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. -3- �.C, �k . �- �G-, �� 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. -4- �. �, �� ��� -/>l� � � � �� 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: -5- � � f� a . . . �"/--��-! !�' C; 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. -6- �•�-��* - • �',/=-��-/��� 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 -7- � ,�.� �► , _. . . � - . � � ��` U 4� `�� . � 6a9sg 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. -8- 4�'C, C.� � _.. , __.. � ....__�..��...,...,.�.._.,..r�: ,...:..,,,..��....��. _ . - � ��-���-�r% 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 ---____ __ - 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 -9- fn w �3 rA � V� tn '=J tn � p O rw w rr • o 't7 � 9 f�D � � r R � 9 • Y M rr w lD � cno� .�e w � aoor�o � n°�i �' n> c� C�. � G r �D r r O e� P� � v tD v fD r � rt � o. � � w H � H � a � o _ x o Pv • r► W o �, w x E n H o I+ C • `�' � p � � w x � r�i� 9 O �n 0� 7d fA C N H A v' CN ►u' m a+ 1D P� O o �p r► rt f� 4 � l� � cP r+ p' � T� f� Cl� f! 1-' � tA M d � rt lD W � "O rr M O C N C � �t f� tA � w M w r�t � W � i1. f) O �W r [� w mtrt+� rt a � '�7 . 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