279709 WH17E - CITV'� CLERK COQflCll 2'�9'7Q9
PINK - FINANCE C I TY OF SA I NT PA U L
CANARY - DEPARTMENT File NO.
BLUE - MAYOR
Coun il Re lution
, , ,.
Presented B�
Refierred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, that pursuant to Section 161 .36, Subdivision 1
through 6, Minnesota Statutes, the Cor�nissioner of Transportation
be appointed as agent of the City of Saint Paul to let as its
agent, contracts for the construction of local streets and
bridges, and the proper City Officials are hereby authorized and
directed for and on behalf of the City Council to execute and
enter into a contract with the Commissioner of Transportation
' prescribing the terms and conditions of such contracts in the
form as set forth and contained in "Minnesota Department of
Transportation Agency Agreement1° a copy of which said agreement
was before the Council , assuming on behalf of the City all of
the obligations therein contained.
COUNCILMEN
Yeas ' Nays Requested by Department of:
Fletcher Pub 1 i C kI
��rie: (�oa-���s [n Favor
Mabanz
Nicbsia 6l
Scheibel v Against BY '
redesco Dona 1 d E. Ny aa rd, i r c o r
wilson
Adopted by Council: Date
Ja� � g 1��3 Form App o b ' y ttorn
,
Certified Y s e y Council cretar BY
App iVlavor: Dat JAN � 198� Ap ov b M yor for Su 'ssi n to Council
By — B
PUBLISHED JAN � 9 1983 `�•
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Revised 12/1982
Cffi,ce of �tate Aid
MINNESCTA �EPARTMENT OF ZRP.NSPGRTATION
AGENC Y ACREEMEr'T
This Agreement made ana entered into by and �etween
the 'City of saint �'aul herein after referred
to as the "City" and the Commissioner of Transportation of the
State of Minnesota hereinafter referred to as the
"Cc�missioner" , WITNESSETH:
wHE&.EP.� , pursuant to M. S . 1E1. 36 the City of Saint
Paui desires the Commissioner to act as its agent in
accepting federal aid cn the City ' s behalf , for road and bridge
construction and in contracting for the construction,
improvement or maintenance of roads or bridges financed either
in whole or gart with federal moneys : and
wHEREAS, M.S . 161 . 36 , Subdivision 2, requires that
the terms and condition of the agency be set forth in an
�
agreement:
' NCW, THEN, IT IS AGREED:
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That pursuant to M.S. 161 . 36 , the City does herehy
apppint the Commissioner its agent with respect to all
fed�rally funded Frojects, to accept and receive all federal
funds made available for said projects and to let contracts
,
pur�uant to law for the construction and improvement of local
str�ets and bridges.
Page No. 1
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Each Froject to be covered by this agreement shall be
programmed by the submission to the Commissioner of a
programming form together with a certified ccpy of the
resolution of the City Council requesting the Conmissianer to
obtain federal approval for the project ( sy .
Each contract will be in accordance with plans and
sFecial provisions for said Frojects on file in the Degartment �
of TransFortation , State Transportation Euilding , St. Faul ,
Min�esota 55155 , and the latest edition of "Stan�ard
Specifications for Highway Construction" and all amendments
the�eof, which said plans , special grovisions and
specifications are made a part of this agree�ent by reference
as �hough fully set forth herein.
In the letting of said contract, it is hereby agreed
tha� thE follcwing Frocedures shall be followed , to-wit:
( a) The Commissioner shall cause the advertisements
cal�ing for bi�s on said work to be published in the
Construction Bulletin. He shall also cause advertisements for
bid� to be published in the officially designated newspager of
the City. Said advertisement or call for bids shall sgecify
tha� sealed proposals or bids will be received by the City
#jf�t�'3�0(�#x Purchas i nq Aaent of Sa i nt Pau1 On behalf Cf the
Com�issioner as agent of said City. Proposals, plans and
spe�ifications shall be available for the inspection of
pro�pective bidders at the office of the Department of
TraMSportation, St. Paul , Minnesota 55155, and at the office of
the pirector of the Department of Public IJorks, City of Saint Paul
Page No. 2
�E��t�t�ti�i�tt���i��c and the a6vertisement shall so state . Zhe bid�
received in respcnse to said adcertisements for �ids �hall be
opened for and on behalf c . the ccmmissioner by a Cistrict
Director of the Degartment of Tr�nsFortation or such other
engxneer of the DeFartment of TransFortation as may �e from
time to time selected by the Commissioner . After said �ids
shall have been oFenec3 , the City Council shall first consider `
the same anci thereupon transmit to the Co�rmissioner all bids
received together with its recommendation that the lowest bid
submitted by a responsible bidder be acceF�ted or that all bids
be rejected . Upon receipt of all said bids , the Commissioner
shall duly cause all of said bic�s to be tabulated in accordance
witk� law and shall thereupon determine who is the lowest
res�onsible Cidder and shall award the contract to the lowest
res�onsihle bidder or shall reject all bids.
( b) The Commissioner shall supervise and have charge
of the construction of said projects after the same has been
let. The City agrees to furnish its City engineer or other
registered engineer and assign him to the active suFervision
and direction of the work to be performed under any contract
let for the aforesaid Frojects. Said engineer �o assigned
shall act under the supervisiQn and direction of the
Comn�issioner . The City further agrees to furnish such other
per�onnel , services, sugplies and equiFment as shall be
nec�ssary in order to progerly suFervise and carry on said
work.
Fage No. 3
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( c ) Zhe Commissior.er may make changes in the Flans
or the character cf the work as shall be recommen�ed by the
eng�neer in ch�arge of the work. If he concurs in such
recom�rendations , the Commissioner may enter into, for and on
behalf of the City, supplemental agreements with the contractor
for the performance of any extra work or work occasioned by any
necessary, advantageous , or desirable change in plans or �
construction.
It is understood by the City that the Com�rissioner
cannot personally investigate and pass judgment on the various
items of extra work and plan changes necessary and desirable
during the construction of the projects but that he must
del�gate such duties to engineers under his suFervision and
control that are employed by the Minnesota Degartment of
Transportation.
The City does hereby authorize these engineers, so
delegated by the Commissioner , to enter into , for and on behalf
of the City, the supplemental agreements specified in the
pre�eding paragraph hereof.
(d ) The City hereby authorizes its City Engineer ,
for and on behalf of the City, from time to time, during the
progress of the work on said projects, to request the
Commissioner to furnish for use on said projects specific
engineering services to be gerformed by skilled emFloyees of
the Minnesota Degartment of TransFortation. The Commissioner
may but is not obligated to furr.ish the services so requested.
Page No. 4 �
If the Commissioner in comFliance with such request shall
furnish for the use of the City on said Froject the services of
any Minnesota Department of TransFortation employee , then and
in that event , the City agrees to reimburse the Trunk Highway
Fund for the full cost and expense of the furnishing of such
services including all costs and expenses of any kind or nature
whatsoever arising out of , cennected with, or incidental to the �
furnishing of such services .
( e) The Commissioner shall receive the funds to be
Faid Cy the City and the funds to be paid by the United States
as federal aid funds , for said projects and to pay therefrom
when due any and all sums that may become due the contractor to
whom the contract is awarded , and upon final comgletion and
accegtance of the work, to pay from said funds the final
estimate to said contractor for said work.
( f) The Commissioner shall perform on behalf of the
City all other acts and things necessary to cause said projects
to be comFleted in a satisfactory manner .
(g ) The Commissioner may enter into any agree�ent
for and on behalf of the City with the �nited States or any
officer or agent thereof that may be required or necessary for
the purpose of Frocuring and actually causing to be paid the
federal aid funds available for said Frojects and to that end
to bind and commit the City in such agreement to the
�erformance of any and all things required hy any law of the
Unitea States or of any rule and regulation issued by federal
Page No. 5
� � � 2'79'�09
authority Fertaining thereto necessary for the Furpose of
Frocuring and having Faid the federal aid availa�le fcr said
projects .
(h ) It is the Folicy of the United States Cepartment
of Transportation and the Minnesota Degartment of
Transgortation that minority �usiness enterprises a� defined in
49 CFR, Part 23 , shall have the maximum oFF�ortunity to �
participate in the performance of contracts financed in whole
or in Fart with federal funds under this agreement.
Consequently, the minority business entergrise requirements of
49 CF&, Part 23 , ap�ly to this agreement. The Commissioner
will insure that minority business enterprises as definea in 49
CFF., Part 23 , have the maxi�rum opgortunity to �articiFate in
the performance of contracts , financed in whole or in gart with
feasral funds . In this regard , the Commissioner will take all
necessary an� reasonable steps in accordance with 49 CFR, Part
23 , to insure that minority business enterprises have the
maximum opgortunity to comFete for and perform such contracts .
The 'Commissioner will not discriminate on the basis of race ,
colqr , national origin, or sex in the award and performar.ce of
federally funded contracts under the terms of this agreement.
( i) The Commissioner may perform on behalf of the
City any other and further acts as may be necessary or required
und�r any law of the United States or of any rule or regulation
iss�ed by proger federal authority in order to cause said
projects to be completed and to obtain and receive the federal
aid made available therefor.
Page No. 6
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The City agrees that it will from time to time , after
the execution of this agreement, make such reports , keep such
recards and perform such work in such manr.er and time as the
Commissioner shall from time to time request and direct so as
to enable the Co�rmissioner as its agent to collect for it the
federal aid sought. Said records and regorts shall be retained �
by the City in accordance with the Commissioner ' s record
ret�ntion schedule for federal aid projects.
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It is anticiFated that the United States will pay to
the Commissioner as the agent of the City , the federal aid
funds available to said City toward the construction of said
pro�ects. It is further anticiFated that the contracts to �e
let by the Commissioner as the agent of the City, for the
construction of said projects shall provide that the
contractor , as the work progresses , shall , from time to time,
be �aid Fartial payments designated in said contract as partial
esti�nates and on the completion and acceptance of said work to
be �aid a final payment designated in said contract as a final
estimate for all work performed.
The City further agrees that any City funds and/or
Municipal State Aid funds to be agplied to any contract covered
by t�his agreement shall be deposited with the Commissioner in
accordance with 14 MCAR Section 1 . 5032.
At regular �r.onthly intervals after contractors shall
Page No. 7
have started work ur.der contracts let by the Commissioner as
agent fcr the City for the construction cf said �rojects , the
eng�neer assigned to and in charge of said work shall gre�are
partial estimates in accordance with the terms of said
contracts let for said projects and the prccedures establishe�
by �he Cffice of Construction , Minnesota Depart�ent of
Transportation. The said engineer in charge of said work shall �
immediately after greFaring each partial estimate , transmit the
same to the Commissioner in quintuplicate . Each such Fartial
estimate , shall be certified by the engineer in charge and by
the contractor Ferforming such work. The said engineer
assigned to and in charge of said work shall alsa pregare and
sub�it to the Commissioner the final estimate data , together
with the required project records in accordance with the ter�s
of said contracts let for said projects . Quantities listed on
said gartial and final estimates shall be documented in
• accordance with the guidelines set forth in the aFplicable
documentation manual. After the approved final estimate has
been submitted to the Commissior.er , the City will Fay to the
Commissioner any additional amount together with the federal
funds received for that project will be sufficient to pay all
the contract costs of the project.
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when the contractor shall have completed the work on
said projects, the City agrees to inspect the same and
fo�thwith ugon the completion of said inspection advise the
Fage No. 8
. 2'79'709
Commissioner whether or not the work gerformed should be , by
the Commissioner as its agent, acceFted as being performed in a
sati;sfactory manner . In the e ent the County should , after
said inspection , recommend to the Commissioner that he should
not accept said work, then the City shall at the time such
recqmmendation is made specify in particularity the defects in
said work and the reasons why the work should not be accepted . `
It is further agreed that any recom�rendations n,ade by the City
are ' not bincing on the Commissioner tut that he shall have the
right to deter�rine whether or not the work has �een acceptably
performed and to acceFt or reject the work performed under any
said contract.
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It is further agreeci that the decision of the
Commissioner on the several matters herein set forth shall be
fin�l , binding and conclusive on the garties hereto.
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It is anticiFatea that the entire cost of said
gro�ects is to be gaid from funds made available by the United
Stakes, by way of federal aid , and by the City. If for any
rea�on the United States fails to pay any gart of the cost or
exp�nse of said Frojects, then and in that event the City
agr�es to Fay the same. The City further agrees to pay any and
all claims or demands of any kind or nature whatsoever arising
out', of or incidental to the Ferformance of the work under any
contract let for said projects in the event that the United
Fage No. 9
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. . 2'79`�09 ..
States does not pay the same, and in all events, agrees to save
the ,State of Minnesota and the Commissioner harmless and to pay
any and all expenses and costs connected with said projects or
the censtruction thereof which the United States does not pay.
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The City further agrees that
1 ) where there is federal aid in right-of-way; `
The City will meet the require�rents contained in the
Federal-Aid Highway Program Manual Volume 7. Note : If there
is federal aid in relocation only, the contract discussed in
Chagter 5 , Section 1 , Paragraph lOC, of said Volume 7, must be
executed .
2 ) where there is federal aid in construction only;
Z'he City will meet the requirements of the Uniform Relocaticn
Assistance and Real Property Acquisition Policy Act of 1970
together with FHwA regulations implementing Zitle II of the Act
on relocation ( FHPM Volume 7 , ChaFter 5) , and Federal-�ic
6ighway Frogram Manual Volume 7 , Chagter 1 , Section 4 ,
Paragraph 5A pertaining to civil rights.
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All references to statutes and rules shall be
con�trued to refer to the statutes and rules as they �;ay be
amemded from year to year .
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The Commissioner accepts this said appointment as
ager�t of the City and agrees to act in accordance herewith.
Page No. 10
. 2'79`709
CITY OF S�I�:T PP,UL
�
By
Di rector,Departi�ent of Publ ic 1Jorks � � 'layor ~� f �ate R
��a'
APPROVED AS TO FORM: `
By
Assistant City Attorney ��� Director,Department of Finance and
Management Services
STATE OF F11 NNESOTA
RECOMMEtJDED FOR APPROVAL
Bv
DireCtor, Office of State Aid � Date Commissioner of Transportation
APPRCIVED AS TO FORM APJD EXECUTION: Date
Date
Page No. 11
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EpART1�IENT
Bp�$ erger.J,rcONTACT
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292-6 1 H4NE � '
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(Routing and Explan�tioh Sheet)
. Assi Number for Routin Order Cli All Locations for Ma oral Si nature �E
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,�/ fi ty Attorney f _
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V�—
i nance and Management Servi ces Di rector ��1='��•! � '' �,
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4 ity C1erk �!,i; � - 1983 �'
udget Di rector '
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F�;�r�. �=��.,�:I
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�Ihat W 11 be Achieved b Takin Action on the Attached Materials? Purlose Rationale :
Under the ttached agreement, between the City and Minnesota Department ot ansportation,
the Co�i ioner o!` Transportation would act as the City's Aqeat in accepti�g federal �i�d on
the City' behalf for rcaad and bridge construation in accordance with State Statues 161.36.
T'his is a evision of an existinq agreement approved Jauzuary 12, 1979.
Financi 1 Bud tar� and Personnel I acts Antic.i ated: '
N ne ,
I
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Fundin Source and Fund Activit Number Char ed or Credit�d: I'
ne ,
Attach nts List and Number all Attachments : II
py of agreement '
, � ., ,
DEPART NT REVIEW ' CITY ATTORNEY REVIEW '',
x Ye No Council Resolution Required? Resolution Required? � Yes No
Ye � I�Q, - Insurance �Required? Insurance Sufficient? i :. . Yes No
�;�;,,�Y� ;„=� I�nsdrance Att�ched?.: � -w: r § �
, „ �
Revision of October, 19�82
�SPA RPVPI"�P S�f�P ft1Y' ��nstructions)
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