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280540 WHITE - C�TV CLERK /�y-�J } PINK - FINANCE G I TY OF SA I NT PAU L Council (� {� CANARV - DEPARTMENT \.J�r�� BLUE - MAVOR File NO. � Counci Resol tion � . Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, that the City of St. Paul enter into Agreement No. 61545 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 State' s share of the cost of the bituminous surfacing restoration construction to be performed upon and along old Trunk Highway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to John Street within the corporate City limits under State Project No. 6218-08 (T.H. 5=104) and to provide for turnback by the State to the City of that portion of old Trunk Fiighway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to Mounds Boulevard (Trunk Highway No. 61) . BE IT FURTHER RESOLVED, that the proper City officers are here- by authorized and directed to execute such agreement. COUNCILMEIV Requested by Department of: Yeas � Nays � M�Z [n Favor Nicosia Scheibel __ Against BY �srawa— Wilson Adopted by Council: Date �JUp 2 81983 Form Approve by C' y ttorn Certified ss d un .il , tar BY By ♦ Ap by �Vlavor. t� ' ,�L�� `� g 1983 Pr M o for b i si to Councii , _�� , � ,� B ��PUs��sH�a J�L 91983 �(RETURN TC? JEROME SEGP,L AFTER ADOPT�ON)- ' -- - - WMITE - C�TV CLEFK PINK - FINANCE (jITY O� .SAI I\ T �AUL Council ��1 CANARV - pEP4RTMENT � BLUE - MAVOR File NO. 1 Council - �esolution � Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, that the City of St. Paul enter into Agreement No. 61545 with the State of Minnesota, DepartmE�.t of Transportation, for the following purposes, to-wit: to provide for payment by the State to the City of the State ' s share of the cost of the bituminous surfacing restoration construction to be performed upon and along old Trunk Highway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to John Street within the corporate Cit� limits under State Project No. 6218-08 (T.H. 5=104) and to provide for turnback by the State to the City of that portion of old Trunk tiighway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway � No. 52) to Mounds Boulevard (Trunk Highway No. 61) . BE IT FURTHER RESOLVED, that the prc�er City officers are here- by authorized and directed to execute such agreement. COUIVCIL'11EN Requested by Department of: Yeas Na��s Fletcher - Galles In Favor Masanz Nicosia Scheibei _ Against BY Tedesco Wilson _ � Form Approved by City Attorney Adopted h�. Councii: Date Certific°� P��:-.scd b} Council Secretary I BY B�: �I Approved b�, `:la•.�r: Date _ __ t Approved by Mayor for Submission to Council O.. Rv _ -- _ _-- - -- _ FIL�E COP� _ -_ _ --- WNITE - �ITY CLERK PINK - FINAN�E G I TY O F SA I NT PA U L Council ��i��;[�� C4hARV - CEP4RTMENT BLUE - MqYOR File NO• 1 Council � �esolution Pcesented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, that the City of St. Paul enter into Agreement No. 61545 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 State ' s share of the cost of the bituminous surfacing restoration construction to be performed upon and along old Trunk Highway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to John Street within the corporate City limits under State Project No. 6218-08 (T.H. 5=104) and to provide for turnback by the State to the City of that portion of old Trunk Iiighway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to Mounds Boulevard (Trunk Highway No. 61) . BE IT FURTHER RESOLVED, that the proper City officers are here- - by authorized and directed to execute such agreement. COJNCILIIEN Yeas Na}�s Requested by Department of: Fletcher Galles [n Favor Masanz Nicosia Scheibe► __ Against BY Tedesco Wilson � Form Approved by City Attorney :adopted h�: C�uncil: Date Cert;fied P�ssed b� Council Secretary BY �'� - Appro��e� h�. '1,a��or: Date _ __ Approved by Mayor for Submission to Councii P,�: � _ BV __ aL"_ �1 ��2 ( 9-R�) __../' ��) 7 C 11 Y_ � � �� RESOLUTIOr1 � BE IT RESOLVED that the City of St. Paul enter into Agreement No. 61545 with the State of i�innesota, Department of Transportation for the following purposes , to-�ait: to provi�� for payment. hy the Statc� to the City of the St�zt�' �, sli<�rc• c�f thc� cost of the bituminous surfacing restoration construction to be perLormed upon an�3 alori<� old Tr.unk IIighway No. 5 (t<elloqq BoEllev�lyd) from t:obcrt Street (Trunk Hiqhway No. 52) to John Str_eet within th� corpor��t� City limits under State Project No. 6218-08 (`l'.I�. 5=104) anc? ta prov.icle for turr�h�ack l��y t�1e Statc to the City of tlzat por�tion of c>lc� `i'ru�zl�; TTiqllw�ly No. 5 (Kelloqq Boulevard) from Rober. t Street (T.runk Hiqhway ?Vo. 52) to Motincis }3oulevard {Trunk Highway No. 61 ) . � � �� BE IT FURTHER RESOLVED that the proper City Officers are herebv authorize� and directed to e:{ecute such aQreement. C RTIFICATION State of Minnesota County of Ramsey Ci_ty oF St- . P��]_ I hereby certify at the forego ng Resolution is a true and correct copy of the r� ution presented to and adopted by the Council of th� '.ty �f St, Pai�l at a duly authorized meetinq t reof held on the day of 19 , as stio�an by the minutes o said meeting in my possesion. City Clerk __ _ �___ � ___ _ � ��a�� WHI7E - C�TV CLERK PINK - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT BLUE - MAVOR , File N . � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Th� City of Saint Paul is about to improve KELLOGG BOULEVARD from Rob t Street to John St et by constructing a bituminous overlay, nstructing concr te sidewalks, storm water drainage facilities an all other wor necessary and incidental to said improvement. Kell g Boulevard is on the Trunk Highway System (old Trunk Highway #5) , p esently d signated as Control Section 6218. All work to be done in acco dance ith plans, specifications and special provisions desiqnate as P oject 83-P-0925 KELLOGG BOULEVARD, • approved by the Saint Paul Cit C uncil on March 22, 1983 by Final Order, Council File No. 280055; w, therefore, be it RESOLVED, That the proper ity fficers are authorized and directed to execute, on behalf f the ity of Saint Paul , Construction Agreement No. 61545 between th City of aint Paul and the Minnesota Department of Transportation p oviding fo the disposition of costs incurred in the construction o said City oject 83-P-0925 KELLOGG BOULEVARD from Robert Street John Street tate Project No. 6218-08) , a copy of said agreement being attached hereto and incorporated herein by reference. COUNCILMEIV Requested by Department of: Yeas Fletcher Nays Galles Public Works TEK Masanz [n Favor Nicosia �- scneibet A gai nst BY Tedesco wilson Adopted by Council: Date Form Appr e by City ttorney Certified Passed by Council Secretary BY By . A►pproved by Mavor: Date Appro M or for Sub is io t Council By By � _ ,-, . a � � s�- � t�`�NNE�T�9 D� y° Minnesota Department of Transportation � Q � � � � Transportation Building, St. Paul, MN 55155 �ti�, �5� Room 716 OF TRP FILED 296-0969 �.,,� Phone July 28, 1983 ,:J" , j' p7 ;��; r�3 C1iY ^, r . •�` .,�_i,� � ; � • Mr. Albert B. Olson � -� � .:�;;, `" City Clerk City Hall St. Paul, MN 55102 In reply refer to: 330 Coop. Const. Agree. No. 61545 City of St. Paul S.P. 6218-08 (T.H. 5=104) State Funds State cost bituminous surfacing restoration and turnback to the . City of T.H. 5 (Kellogg Blvd.) from � Robert St. to John St. in St. Paul Dear Mr. Olson: We are in receipt of the low bid proposal of Ashbach Construction Company received by th�e City of St. Paul for the proposed city contract construction designated as City Project No. 83-P-0925 and State Project No. 6218-08 (T.H. 5=104) . This is to advise you of State concurrence in a construction contract award by the City for said city project to Ashbach Construction Company. Enclos�d 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 pay- ment by the State to the City of the State' s share of the cost of the bituminous surf acing restoration construction to be per- formed upon and along old Trunk Highway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to John Street within the corporate City limits under State Project No. 6218-08 (T.H. 5=104) and to provide for turnback by the State to the City of that portion of old Trunk Highway No. 5 (Kellogg Boulevard) from Robert Street (Trunk Highway No. 52) to Mounds Boulevard (Trunk H ighway No. 61 ) . We have prepared, in accordance with Article III , Section A. of the agreement, a revised SCHEDULE "I" construction cost estimate form based on_ the unit prices of Ashbach Construction Company; and a copy of said revised cost estimate form is enclosed for the City' s information. You will note that the State' s total estimated cost share as recomputed using low bid unit prices Aii Equcd Opporlu�iity Entp([�vcr /� � Mr. Albert B. Olson July 28, 1983 P'age 2 decreased from the preliminary estimate of $175 ,919.35 to the • revised estimate of $159 ,399 .51 . The State' s total encumbrance of funds for participation in said city contract construction and associated construction engineering is the sum of $161 ,399.51 which amount includes a $2 ,000.00 contingency in addition to the revised estimate of the State' s total cost share. Please take special note of the terms and conditions set forth in Article I , Section F. and Article III , Section A. of the agreement as they apply to the City performing state cost parti- cipation construction for which the State has not previously requisitioned or encumbered sufficient funds. Enclosed herewith is a payment processing package to be used by the City in initiating and processing partial and/or final pay- ments by the State to the City. Sinc y, . . Ma , stant Commissioner Technical Service Division cc: R. C. Peterson, Asst. City Engr. �� O s � ' � � � V , � �-/Z�� ublic Worka DEPART(,1ENT � �O�$ ��d �ONTACT 292-6277 PHONE June 9, 1983 DATE reen ee . ` (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): RECEIVED � 1 _ _,:T==� JUN 919�3 r... _....... � ��ty Attorney CITY ATTORNEY nt/Mayor Finance and Manage irector 4 City Clerk Budget Director What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): Resolution authoriz3ng proper city officers to execute, on behalf of the City of Saint Paul, an agree�ment with tl�e Department of Transportation providing for the costs incurred in the construction of Kellogg Boulevard from Bobert Street to John Street (City Project 83-P-0925). Financial , Budgetary and Personnel Impacts Anticipated: Reaolution directs costs, as outlined by agreement, to be paid frrna P.I.R. Fvad Code 62517 and be reimbursed by Mn/DOT. Funding Source and Fund Activity Nurtd�er Charged or Credited: $177,919.35 from Mn/DOT - By Agreaaent. Attachments (List and Number all Attachmentsl : Council Resolution. DEPARTMENT REVIEW CITY ATTORNEY REVIEW g Yes No Council Resolution Required? Resolution Required? Yes No Yes �� No Insurance Required? Insurance Sufficient? Yes No Yes R No Insurance Attached? Revision of October, 1982 (See Reverse Side for �Instructions) . _. ��:) DESIGN ST1iTI� 01 MIfJNt�SO'1'11 11GREEMf�;N'I' NO. DI?PARTM�NT OF TRIINSPORTIITION COOPERATIVF CONSTRUCTION AGR�EMLNT 61545 S .P. 6218-0£3 ('i'.tl. 5=104) (State Funds) 11c�rec�ment. between I�MOLTNT T,NCUMBFRFD `I'he State of Nlinnesota Department of `I'ransportation, and $177 , 919. 35 The City of St. Paul Re: State cost bituminous surfacing AMOUNT RECEIVABLr re:;toration <�n�i turnback to thc City of T.H. 5 (Kellogg Blvd. ) from (None) l:c:>bert St. to Jolzn St. in St. Paul THIS AGREEi�ENT made and entered into by and between the State of Minne- sota, Department of Transportation, hereinafter referrecl to as the "State" and the City of St. Paul , Minneso�ta , actirlq by and tYirou.gti its City Council, hereinafter referred to as the "City" . 6�I I'1'[�1 T;S S T�,TI�I: `,JH?��:I.A.S th� State intends to turnl�ack to the City that portion of old TrunJ: Hi_qhway No. 5 (?�el_loqq Boulevarcl) from Robert Street (Trunk Eiiqh- way r1o. 5?) to P�tolind� Boulevard (Trunk Hi<�hway No. 61 ) within the corpoi'ate City limits ; ancl � �(� � � �� 61545 WHERT'AS certain bituminol�s stzr. f�cincJ rc��;tor_�zti�n corl.�tructiori of olc3 Trt��nk I�iqllway No. 5� (i�ellogc� I�onlcvar�l) from Rol��crt. Stre�:�t (`I'r_t�rilc Highway No. 52) to Jotin Street _is necessar_y bet-ore said portion of old Trunk Hiqhway No. 5 Rellogg Boulevard) can be turned bacic to the City; and �9HI;RLAS in connection with the State contract construction of the olcl Trunk High�aay No. 5 (Kel]_ogg Boulevard) bridqe from John Street to Mounds Boulevar.d (Trun}c F3ighway No. 61 ) the City has prepared plans , specif_ications and special provisions designated by the City as City Project No. £33-P-0925 and by the State as State Project No. 6218-08 (T.H. 5=104) and intends to award a contract for the construction of bituminous sizrfacing and other associated constr.uction from Roher_ t Stre��t (7',7-tink IIig}iway No. 52) to John Street within the cor�or_ate City limits ; and WHEREAS the City has requested State participation in the costs of the bituminous surfacing restor.ation construction to be performecl uiider said City contract; and WHERFAS, due to the State' s responsihility to restore said portion of Tr_unlc IIig}Zway No. 5 (Fellogq L�oulevard) before it can be turned back to the City, the State is willing to participate in the costs of the bituminous surfacinq restoration construction to be performed under said City contract. -2- � }�.. . A � � �€�� 61545 IT IS, TI�TRI,FORT, MUTUIILLY 1�GRl�.l;ll 11S l�'OI,LOWS: ARTICLE I - CONSTRUCTIODI BY THL CITY Section A. Contract I�ward and Cons.truction The City shall �1uly receive bi<ls ancl awarc.l �t contract tc� thc lowest responsil�le bidder, subject to �oncurrence in such awar� by the State, for the bituminous surfacing construction and other associated con- struction to be performed upon , along ��nd acljacent to old Trunk Fiigh- way No. 5 (Kellogq Boulevard) within tlle corporate City liir�its in accordance with the State approvec� city plans , specifications and special provisions therefor designated by the City as City Project No. 83-P-0925 anc� by the State as State Project No. 6218-08 (T.H. 5= 104) . Said city contract construction shall be performed in accordance with the State approved City plans, specifications and special provi- sions which are on file in the office of the City Fngineer 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 f_orth herein. Section Ii. Documents to be rur_nished to the State The City shall, within 7 days of the openinq of bids for said city contract construction, promptly submit to the Municipal Engineer of the Department of Transportation a certifi��l copy of the low bid re- ceived and an abstract of all bids received together with the City' s -3- �� ' • ��..�i'��i�t�, ��J . • G � S4`�i request for. concurrence l�y the S tate .in the propose�l ��war_c1 �f a con- struction contract. The Cit.y shall. not makc the aforesa.i�i constrtiction contract award unti..l th� Stat� ac�vises the C'ity i n ��r_ i.tincJ of its conciirrc�nce t.Yier.ci.n. Section C. Cancellation of Aqreement I:ach party to this agr_eement reserves thc� ri_�ht to withc�raw from and cancel tliis aqr_eemc�nt within 30 days fr.om the operiing of bids contem- plated in Section A. above in the event either or both parties consider any or_ all bids unsatisfactory; the withdr.awal from or cancellation of thc agreement to be accomplished by either or both parties u�ithin 30 days of opening of bids by serving a written notice thereo£ upon the other. Section D. Direction , Supervision and Inspection of Construction Thc city contract construction work �ontemplated herein shall be uncler the direction of the City, and shall be under the supervision of a registered pr_ofessional enqineer ; howeve.r , the state cost participation ronstrtiction to be per_ formed un�er said city contract shall be operl to inspection by the llistrict l;nqine�r of tlie I�iinnesota Depar_tment �f 'I'r ansportation at Oakdale or his duly authorized representatives and must be approved by said District Fnginee.r as satisfactory before any payment is made by the State ther. efor. In addition, tYle City -4- r -li��J . . `'��'�� G1545 shall give the said District rngineer five days prior notice of its intention to start the work to be performed under said city contract. The responsibility for the control of materi_als for the state cost participation construction hc�reunc�er_ shal]_ l�e on thc City and its contractor anc� sYiall l�c carricd out in accorc��zncc witl� Spccificat.ion�� No. 1601 througY� and including No. 1609 as set forth in the State 's Standard Specifications for Hiqhway Construction, 1978 Edition. Section r. Com�letion of Construction The City shall cause the said city contract construction to be started and completed in accordance with the time schedule set forth in the "Special Provisions" for State Project No. 6218-08 (T.H. 5=104) . The contpletion date for said city contract construction may be extended by an excliange of letters between tlie City Clerk or City Enqineer and the District F.ngineer of the Department of Transportation at Oakdale for un��voic�ahlc� del��ys encountercc� in the pc�r_ formancc� thereof. Section F. Extra Work, Plan Changes , Etc. The State shall not participate under this aqreement in the costs of cit.y contract wor_]c tllat is in adclition to t.he state cost p��r. ticipatior� described herein unless the necessary State funds have been requisi- tioned prior to the performance of such additional work and the terms and conditions set forth in the following paragraph have been met. -;- �4� � � �� 61545 Any and all chanqc�s in the plans , s�e��9. f i.c�at i_ons an�/or special pro- visions for. said city contract state cost p��rticipation construction to be per_formed hereunder and all "Change Orciers" and/or "Supplemental Aqreements" entered into by the City and its cont.ractor for state cost participation construction wor?c to be pc�rformed hcreun�3er must be �pproved in writing by ttic Stat�' s Di:>tri_ct T;ngineer at Oakdale before final payment is made by the State hereunder. Section G. Compliance with T�aws , Orciin��nces and Regulations It is unaerstood and agreed that the City shall , in connection with the award of a construction contract for the work set forth herein and the a�ministration and performance of_ said work, itself comply and cause its contractor to comply with all Feder_al , State and local _laws together with all ordinances and regulations applicable to said contract award and the work to be performed thereunder. Section H. Riqht of Way, rasements and Permits The City shall , caithout cost or expense to the State, obtain all rights of way, easements , construction permits and/or any other permits and sanctions that inay be requir_ed in connection with the city contract constrtiction to be per. formed herei�nc�er , �1nc� shall_ pr_omptly f-ur_nish the State with certifi�d cop.ies of the documents for all such rights of way, easements , constr.uction permits and/or other permits and sanctions. -6- :�`��' . , fF�� - G1545 . 11RTICLI, IT - Ti71SCS OI' PIIYMT;N`I' Ti5' TF[1? ��T71TT�, Section A, Construction Costs Upon the satisfactory completion, in accordance with Article I hereof , of the city contract construction desiqnated by thc� City as City Project No. 83-P-0925 and hy thc Stat:e ar> Stat� Project T?do. G218-0& (T.II. 5-104) , the State shall pay to the City as the State ' s full and complete share of said construction, 100 percent of the construction described below under. the desiqnation "STATF COST PARTICIP7ITION CONSTI:UCTION" . S<�id paymcnt by thc State un�ler this acfr_cemc�rit for construction worlc item costs shall be based on th� final quantities of state cost participation construction work items performed multiplied by the appropriate unit prices contained in the construction contract to be awarded by the City in accordance with Article I hereof and/or contained in city contract "Change Orders" or "Supplemental Agreements" approved by the State' s District Engineer at Oakdale in accordance with Article I , Section F, hereof. Attached hereto, made a pa.rt hereof by refer_ence and marked SCEirDtTLE "I" , i� a preliminary construction cost estimate form which lists all of thc� anticipated state cost participation constructiori work items to be performed under said city contract. It i� hereby urlderstood and aqreed tliat any ancl all liquidated dalriac�es assessed the City' s contractor in connection with the work performed -�- :�� 61545 under said city contract shall result in a credit shared by the City and the State in the same propor_ tion as their total shar_e of construc- tion contract work is to thc tot��l contr�ic:t c��;t wit.h�ut <�ny �l��lticti�n for liquiila�f_c�� clam�.ic�c�:; . ST11TF COST PTIRTICII?11TIOTI COT�]STRT7C'I7:ON 100 PERCENT STATF COST: Al1 of the followinq construction to be per- formed upon, alonq ��nc3 �-��jacent to old Trtlnl: II.ic�hw��y No. 5 (I'c�l.loqg Boulevard) from Fngineer Station 27+50 (Robert Street or Trurlk IIiqhway No. 52) to Engineer Station 1+80 (John Street) within the corporate City limits under State Project No. 6218-08 (T.H, 5=104) . ( 1 ) All of the bituminous surfacing construction except that Binder Co��rse Mixture construction, which inc]_udes the associated work items of I3it.uminout> M��terial for Mix�-.ure a��d Biturninous f�laterial. f..or Tacl�. Coat, to be performed in connection with all sewer trench restoration construction from Jackson Street to Sibley Street. (2.) All of the removal of_ brick and asphalt surfacing and catch basins . (3) All of the adjustm�nts of_ fr�m� and rinc� castirigs and valve boxes . (4) All of the construct.ion of catch basins , impact attenuators and the manhole operiing for Nianhole No. 55 located 52 feet right or the o.ld Trunk i�ighway r'o. 5 (Kellogg Boulevard) centerline at I;nqineer. Statior� 18+65 . -�- �t�,{�,. � t' In addition, said payment by the State shall include an amount equal to 8 percent of th� State ' s total share of constr_tiction costs as acteT�n�i.iiec? irl acco:rdancc with Sections 71. and B, abc�ve, as the St.ate ' :> proportionate share of construction engineering costs incurred by the City in connecti_on ��ith said state cost partici��at�.on construction. ARTICLi� III - P1�YMI,NT BY TI�I? ST11TT? Section A. Estimate of State' s Cost Share It is estimated, for accounting purposes , that the �tate' s cost sharc� _9_ rt t= - . �f.�� 61545 of the afor.esaid city contr�ct const.r_uction work which incl_ta�les the State' s cost share of the prorated items of "Mobilization" and "Field Offic�" plus the 8 percent construction �ngineering cost and a $2 , 000 . 00 contingency amount is the sum of_ $177 , 919. 35 as shown in the attached SCHEDIJLE "I" . The SCHEDULI? "I" form lists all of the anticipated state cost participation contract items and was prepared us.inq plan quantities and estirnatec� unit pricc�s . The State shall , when it tlas received the contract bid documents clescribecl in �lrticle I , Section B. hereof and intends to concur in th e C'ity' s award of_ the contract, pr.e- pare a revised SCHFDiJLE "I" based on the proposed contract unit prices. A copy of said revised SCII�DULr °I" will be transmitted to the City. State funds in the amount of the sum of the State's total estimated cost share of city contract construction whi.ch includes the S�ate' s cost share of the prorated items of "Mobilization" and "Fielci Off_ice" plus an 8 percent construction engincerin_q cost share and appropriate contingency amount as shown in said revised SCHEDULE "I" will be encumbered to cover the �t8te' s payment to the City in accordance with Sections C. and D, of this Ar_ticle III . Thc� aforesaid continqency amount is provided to cover over_runs of thc_� plans estimated quanti.ties of state cost participation construction work items ancl/or items of State approvec� extra work. In the event it appears at any time that the amount to be paid hy the State to the City for the �tate cost p�-�rti.ci_��Ztion constt-ucti_on -10- :,�� - .�'��4� 61545 herc�t�nder is ahout to excc�ec� tl�e current ��m�nnt of encnmbere�� sta�te funds, the City shall noti:Fy the St�ztc ' s Distr_ .i_ct i�;ngincer at Oakdale in writing prior to the performance of such additional state cost participation const.r_uction. Said notification sha]_1 include an c�sti- mat.e .in the amount oF acld.itional func�s necE�ssary to complete the city coritract inclucling construction enginerr. i.n<f costs ancl the reason (s) why tlze current amount encumbered will be exceeded. As to any such work, the District rngineer sha11 aPpr.ove and then submit said docurnents to the State' s �iunicipal rnqineer. The P7unicip<:il i�ngi- neer shall submit a r�quest for encumbrarice of such additional funds as may be deemed necessary to the Minnesota Department of I'inance. If the Commissioner of Finance certifies and approves that encum- brance request that action will have the ef_fect of amendinq this agreement so as to include the State' s share of the costs of the work. The State shall notify the City in writing of all additions to the current amount of encumbered state funds . Should the City cause the performance of construction G�hich would otherwise c1ua.lify for state cost �articipation hut for which the State ha> not previotisly encumber.ed funds to aover. its participation therein, the City agiees that any such worlc is done at its �wn risk. The City sha11 notify the State' s District Enqineer at Oa)cdale in wri.tinq of such ac�c�iitional state co�t par_ ticipation cc�nstrticti�,1. Said notification shall include an estimate in the amount of -11 - t}��, � ��'�� <;15�15 additional funds necessary to cover a]_1 of the ��clditi_onal city can- tract construction including constrt.lction engineerin<� costs and the rezson (s} why the current amount encumbered w:is exceedecl. As to any such wor_k, the District 1,nqince.r_ may ap��r_ove and, if so, then submit thc� City ' s claim for cornpensat :ic�n t.hcr��.f_or to the State' � Municipal 1�ngineer. `1'lie Statc�' s �1uni.�ipal l�;nq_i.nc�er shall. request encumbrance of such additional funds as may be deemed necessary to the 1�linnesota Department of rinance for approval ptzrsuant to Mirine- sota Statute 16A. 15 , Uut no guarantee is made that the cl.aim will be stibmitted or approved. In the event the Commissioner of Finance certifies and approves said claim tor compensation and the request for encumJ�rancc� of the nc�cess��-y additional. funds t.herefor tllat action will have the effect of amending this agr_eement so as to include the State ' s share of the costs of the work. The State shall notify the City in w.rit.ing of all additions to the current amount of encumhered state funds. In the cvc>nt the Stai�e determines that the submittal of a claim for_ coilipensatiun is warraritea ana i�t is �1een�ecl leyally rlec�s_�ar_y Lo supp]..ement this agreement, it is hereby a��reed that, if said clairn 5_s appr_oved and a stzpplement tc> th.is ��qi-�ement in connectior� ther.ein i:> pr_cp��red an�1 pr.occr�:>eci , tllc lir-:>t `;1 , 000 . 00 oE thc clai.rn wi.11 nc�t be eligi�le fcr pa��mei�it. -12- �,�i � �!��) 61545 Section B. Records T;�c� i_n an�l :Invc�icin� h thc ('i.t p- _`�.__- --�.___ _..__�.'___�____.._..__� Th� City shall keep sticlz recor_��s an�`3. �accotmt:�; tl�iat wi.l_1 erlahle tt�ic City before invoicing the State fo.r partia7_ and/or Final payment iii accordance with Sections C. and D, of this article to provide the State wii.h the follo,f�inq: ( 1 ) Quantities of state cost participation construction contract work items performed �nd, if applicable, other state cost participation contract items which have been paid for_ ;�y the City and included in the requested payment. Said quantities are to be entered on the Modified SCHEDULE "I" form provided by the State. ( 2) Copies o� the City contractor ' s invoice (s) covering the above state cost par_ticipation items. (3) Copies of the appr_opriate endorsed and cancelled city war.rant (s) or check (s) paying the afore��aid contractor' s invoice. (4) Copies of any and �11 city contract chanqe orders and/or supple- mental agr.eemeizts covering state cost particip�ztion contract itc�ms. ( 5) Ccrtification form (provided hy thc� State) signed by the City' s I�ngincer iil chaz°ge oL the city coi�tract construction, desigriatecl a�� Stat� Yroject No. 621F3-03 (T.H. 5=104) , attesting to the following: a. The satisfactory performance and completion, in accordance with -13- ;�� , � � ��?'' � �.;<.�� F1545 the Stat� approved city }�la.ns , specificatic>ns , c��!�era1 �pecial pro- visions and general conditions made a part herc�of_ hy reference, of the city contract con�;trticti.on wor}: re��resc�nt�d i.n thc� Ci_ty' s i.nvoice, b. The acceptance ancl approval of all materials furnished for said 11'1VO1.CL COI1`�t.]"l1CtlOTl WOY')C Y�l.c�.'t-1VC t7 t.}�1(` C<)ITI�)1_L�lIIC(' �f S11Ct1 II1�1t.E'Y'1�71:; to ttie State' s current "Standarcl Specificatioris for Iliqhway Constr.uc- tion" , and c. The City having macle I�ayment in full to it�� contractor for the construction work represented in the City' s invoice. (6) T^lhen requested by the State, copies , cer_tified by the City' s Engineer, of material sampling reports and of material testing re- st�lt�>, for_ t11c material�; furnislled fo.r. t.he city contract construction w�r_l. rc�presented in the City' s invoice. (7) I� for.mal invoice (one original signed copy and four reproduced copies) in the amotznt of the State' s total cost participation per the ter.ms and conditi.ons of this agreement. As provid.ed by i�Iinnesota Statute, Section 16. 095 , the books , records , ��ocuments, an�� accountinc� proc:edures and pr.actices of the City r.el�- vant to t:lli_s agrcemc.�nt are subjcct to cxamination by the contr<lcting depar_ tment or agellcy, and cither tlle legislative auditor or the state auditor as appropriate. -14- f�� 2��4� 61545 ( 1 ) Gahen no previous par.tia)_ payrnent. has heen made to the �ity and if the value of said completed state cost construction is at least equal to 25 percent of the estimat�� +-,�� — ' �� 61545 S�'n C, Partial Pavm�nts by tlle State �Item 1 . ) Upon rec�uest of the City , thc S1�<Ztc w� 11_ n�<<il:c a 7�ari�i.��1 a ment ta the City for the statc� cost participation construct.ion P Y wor)� completed un�ler said city cor��tr?ct at such t�_me as the v�tlu� of- �;aid cor�;�pletec� statc co�t con�;tr_tactic>n c�{ii��l�s 5�) p�'rc�'��i� or �nor : of t��ie cstimated. sta_te cost constructio�� amoun�t of $ 1 62 , 8�3�• 29 ai�� at such time as the City has made payment to its contracto.r on saicl com- P leted state cost construction. Said partial payment shall be an amount �qual to 90 percent of the value of said completed state cos co nstruction or equal to the amount the City has paid to it.s cantracto.r � �� on said completed state cost construction, whichever amount i-� �m� er , P lus an 8 percent construction engineering cost share. SucYi request r the City for p�rtial paYment shall be made in accor_dance with a Y written procedure to be furnished thc City by the State. � the �:tate cost participation con- (Itei7� 2 . ) In the event that O - °uction hereunder must be suspended at the end of tYle corlstr.tzc:tiori stz � cor�- g b completion of the cit� season until the iollowing sprin �r � Y � 1_.i�t�� tr��j. cor�r�trllct=iol� i� in <<bcyaric� },c'c��u.�e of i1n��.vol.dabl� dcl�� (��) a ment. by the State to tl�ie City ancl such del_ay �,�o111c1 ;:�e �� cic�l�ying P Y f inancia]_ hardship to the City , trie State ��i1-1 . upoi� r.equest �f� �=1,��' �artial payments t.o thc� Ci.ty tc�Y City , �r�a'.��e one of tYle two followirlg 7 � ,�t at-e cost p�rtici�ati.o� c�nstruct:.ion work completec� under sai�7 th - city contract at such time as the City has made payment to its con- tractor on said completed state cost construction. -15- , ;; ��F��T 9 61545 Ti�c� rc�tzi_ned 10 Pc�rce�nt of t-hc� st-<I�t-.� c<�r;�- s�si�r�r�� r�f tltc� comT>let��l construction and construction enginecring upon wriich either or both of the aforesaid partial payments is based will be withheld until al.l of the state cost particip�tion construction wor_}: to be perf_ormed tinder_ saic� cit.y coritrai:t has �>een :�Zt:i_:;f�ictorily completecl and accepte�� by the State and t�he C:ity sulimits an invoicc for_ Final payment. Section D. Final Payment by the State Final payment by the State to the City her. eunder in accordance with Article II hereof oL the State' s total cost participation amount less the total amount of any partial payment made by the State pur- suant to Section C, above shall be made upon the satisfactory com- pletion of all of the state cost participation constr_uction work to be performed under the said city contract, acceptance thereof by the State and invoicing the State by the City in accordance with a written pr_ocedure fur.nished the City by the State. AP.'i'ICLI�, 1V - TURNBIICI: Section A. Release, Reversion and Conve ance The State shall , upon the completion of the old Trunlc Hiqhway �lo. 5 (Rc�llogg Boulevard) restor�-�tion constr_uction performecl in accordance witti Article I hereof, serve upon t�ie City a "Notice of Release" placing that portion of old Trunk Hiqhway No. 5 (ICellogg Boulevard) from Robert Street (Trunk Highway No. 52) to Mounds F�oulevard (Trunk -17- ,� - . �2��!� G1545 Higllway No. 61 ) tlnder the �llri_s�iicti�n of t-}�e c'i.ty- Upon receipt of said "Notice of Release" , the City shall become the road authority responsible for that portion of ol_d Trunlc Highway No. 5 (Kellogg Boulevard) so re�lcased; and subsequent t.Yler�to, after all necessary and required documents have been �repared and processed, the State shall , revert and convey to the City, without cost or ex- pense to the City, all right, title and inte.r_est of ttle State in the aforesaid portion of old Trunk Iiighway No. 5 (I:ellogg F3oulevard) released to the City. Section F3. Terms and Conditions Rel�tive to Reversion ancl Conveyance It is hereby understood and agreed that, in consideration of reim- bursement by the State to the City of the bituminous su.rfacing restoration construction performed hereunder , the City shall waive any and all elic�ibility to reeeive funcls from the State, except for. "Municipal Turnback Account" funds , for the reconstruction and improve- ment of all or ariy parts of that po.rtion of- old Tr_unk Iiighway Na. 5 (I:elloqg Boiilevard) reverted and conveyed to the City hereunder. The City hereby relieves the State of any obligation or responsibility to r.epair_ , restore and/or maint.ain any par_t of that portion of olc7. Trulilc IIic�l�iway No. 5 (T�el_lo��g Boulevarcl) r_c��ver�tec:l an�3 conveyed �to ilte release thereof by the State to the City and further relieves the State of any responsibility for_ payment of damages to the City or -1 8- ��'�i . ��) 61545 any other par.ty or parties in t.hc� event s��.icl portion of o1�7 Tr.unk Iiigliw��y No. � or ariy parts thcr_cof_ are vzcatcd; ancl the City hereby agrees to indemnify, save and hold harmless the State and all of its acfents �Zncl empl�yecs of and fr_rnn <�ny �-�n�� 11 �,laims , r3em��i-��ls , (1C�-1011L� C)1` Cc�ll:iCS O� i1C�.lOIl Q� W�l�]�:;(�('VCY- �1�1� CIY('` (}Y C'�liaCi:1C�_(lr cl.Y' 1_:; LI"I�f out o1 or by reason of tlie rever.�i�li, coriv�yarl�e arid/or va�ation ol said portion of old Trunk Highway No. 5 or_ �arts thereof, and f.urther agrees to defend at its own sole cost anc� expense any action or pro- ceedi.ng commenced for the ptir.pose of_ asscrtinq any claim of whatso- ever character arising as a result of the reversion, conveyance and/or vacation of said portion of old Trunk Highway No. 5. ARTICLE V - G�NERI�L PROVISIONS Section A. Replacement of Castings In connection with the adjustment of City owned frame and ring castings and valve boxes to be performed Uy the City' :� contractor. under State Yroject N�. 6218-08 (T.II. 5-104) , ttie City herek;y agrees to furriish the CS.ty ' s contractor with new castings and/or parts therefor when replacements are required, without cost or expense to the State. Section B. 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 nattire or character_ ar. ising �ut of or by r�asori of tlie city cont.ract constructiori, associatecl -19- �.�-. . . �!��+�.� G1545 construction engineering and r.epair , restoration an�1 maintenance �aork or services by the City Yiereunder , and f-tar.thc�r_ agrec�s to c-lefc�n�� at its ��wi�i :.>c�lc co��t <zn<1 expensc ti11y �ZCt�..ior�� or I�roccc<l-in�J c�mmc�ncc�l � for the purpose of asscrting any clai_m of caliatssoc�ver cliar_ actcr. a.rising as a result of_ said city contract constrtzction, associated construc- tion enqineering and re��ir , rc�stor�zt. ion an<� maintenance �iork �Zn�7. services by the City hereunder. It is hereby understood and agreed that any and all eni��loyees of the City and all other persons employed by the City in the performance of any constrliction, construction engineering, repair , restoration and/or maintenance work or services required or provided for here- under by the City shall not be considered employees of the State and that a ny and all claims that may or miqht arise under the Worker' s Compeilsation �1ct of the State of Alinnesota on behalf of said employees while so engaqed and any and al_1 c.laims made Y�y any third parties as a consequence of any act or omission on the part of said City emp]_oyees �vhile so engaged on any of the construction, con�struction enqineer_ i.nc�, r_epair, restoration an�l/or_ mainteiiance worlc ol� services tr� be render�c� hercin by t:he City shall i_n no way be tlie obligation or responsibility of the State. Section C. Nondiscrimination The provisions of Minrlesota Statute 181 .59 and of any applicable -20- '�� G1545 ordinance relating to civil riqhts rind discriiilination shzll be con- sidered part of this agreement as if ful]_y set for_ th her_ein. Section D. Approval Before this agreement shall become hi.nclinq ancl effective, it shall be approve<� by r_eso]_ution of thc� Cot�nci_1_ of t:he City an�1 :;}�rill <�l��o re- ceive the approval of such Statc officer.s as tlle l.aw may provide in addition to the Commissioner of `I'ransportation or his authorizecl representative. -21- �� 4� 61545 IN TESTIMONY WfI�R�OF the parties Yiave duly ex�cuted t.his aqr_eement by their duly authorized officers and causecl their resp�ctive seals to be hereunto affixed. CITY OF ST, P11UL Reconunended for approval : (Signatures and City Seal) By �y Director of Public tti�or.}:s Mayor A�pruvecl as t_o Loi-m: Date I�y �y Assistant County 1�ttorney Director of Fin�nce an� Management Services Date Date DEPAI;TT�I�NT OF TP11:�SPORTATION STIITE OF MINNI,SQTA Recommended for approval: By � Deputy Commissioner !�J/�� By of Transportation Y�� irector - Office o.f. Design Services Date (Date of 1lgreemei7t) T3 y lli� Lrict= l��n�ineci 7lpprovec�: �3y Dcp�lrtment of 11c7mini <�trat,ion Assistant Division Director Teci�nical Services Division P,y " (Authorized Siqriature) I�pproved as to fo.rm anc� execution: Date I�y Special Assistant Attorney General -2?_- l x- � G� (7 U: 'TJ 'N C1l C!� y �1, H I-' f7 tZ' cJl C!� �TJ l� n O t� r• O • � � cD �C o r• N- rf- • O O fU � t�� fp C�' '�d F-� cn r� () rt rt P� '�i n ;� :-3 cn rt N I�• • C� (D SL '�C G rr • rF ;L rt O �, t-� � O i-i (t � (D rt I�• �t rt !�- �'� ,� r t� 1-�• �J (D C] N• rn �' � y G A1 O N N t-C ci � CL O � �-�] N (D �� o C) N r+, Sv � .. rr (D f�, � O G -� fD ct �t- r-h rf� a� �' R� O rt � :� o0 C1� � � F-�• N• F-'• I fD I-� � Fi (A �2, I rr �� N O (� Q O N• O f.v �n O � '�C � N � oo U� � C� �-3 (� cn o� rt I � rt' Sb • ri' � � �" rj --� SL p rf' x rt � U� � �3 -� rr `j N• • � rh H �n O rr �q 'C • lD rt O I-�- Sv s� w r• � oo r• � u-� rr � x � � rr � m o � n �' �. . �n �+ � c� � o � o �+, � �u c� d � :� m �+, n � �-� n o� �n o n O N• -- w rr H �n � � -� � :� O o�o �i H rf' ;� o I-' �.Q � G A� 7J :�.� .t� `C �. n O rt O „ ^ u� rt rh ni �' cn � co -� I�• (D rt �n d,o N o �r n n o -- � :� � o �r n b sz rn m cn � � N o�o � rt U� CTJ � �- o a rr- �n r n �"i �4 'ZS t-t m H � 7.' ri Sv (p z .-'7. 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