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274999 M/HITE - CITV GLERK 2�4gg9 PINK - FINANCE G I TY O F SA�I NT PA LT L COUIICII CANqRV - DEPARTMENT BLUE - MAYOR -._. File N . C ncil Resolution Presented By Referred To �ommittee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve and authorize the proper City officers to execute an agreement #59891 between the City of Saint Paul and the State of Minnesota Department of Transportation covering relocation of a sanitary sewer in conjunction with the reconstruction of the Kellogg Blvd. bridge between 500' N.E. of Pine Street and Mounds Blvd. A copy of said agreement is attached hereto and incorporated herein by reference. COUNCILMEN Requested by Department of: Yeas ,,�` Nays � Hunt In Favor Levine ��� Ma�dox d nncn�:non __ Against BY Shaw�lter v Tedesco Adopted ouncil Date MAY 2 7 1980 Form Approved y ity t rne Ce fied Pas- by ncil SeRetary BY 6lppro d y 1Aavor: Dat MAY 2 9 1980 Appro Mayor for Submi ' n o C3ouncil By — By '1'/`�"1.- rt�6USttEt� J U N ? 1980 . rcev. : 7/ts/ in ' ' �"..;�T12,��1A'i ZG`d C�` c,DiTi:�I5T'.''..?TIVE O:CERS, � ' s2ESOLG'I•.i:J:�?5 , a:�;L� Of�DIN��iCE:S . 2��9�5� � . . . R E� � � �� D Date: March 6, 1980 - ��l� � .4 '�8� . ' . M�-r�'� ,� TQ: MAYOR GEORGF I,t�TI��i�R � FR: �a�d E. Nygaard, Director, Public Works Department �� Relocation of city sewer facilities under MN/DOT's contract for coristruct+on � of� the New IGellogg Bridge� from 500 feet east of Pine, Street to Mounds Blvd. � - . . ACTIQ�I R�'QU�STED: • � . ' . . � Approval and execution of the attached Resolution. . . , . ' . . PIIRPOSE �_�D RATICi�i yLE F�R TNIS �'�CTIOAt: : ' . � It is necessary to relocate sa� city sewers to accommtidate construct.ion of �tMe � , Kellogg Blvd. Bridge. Under Minnesota Code of Agency Rules the C�ity 'F�as requeste� to be refmbursed .for our costs. Therefore, 'this s.ewer work wi I 1 be done at no cost to the City, and payment wi.tl go direct,�y ta tfie S.tate's contcact6r. . Th��s will �elimrinate possible duplication of services and facilitate coordination `� � of co�struction activit�. . � • ' � � . . ATTa('FL�i�'�AjS: . � . RESOLUTION. • Z RHR:DDT:kIs ' .. . .• � • • . � . ... . - . ..• .r....1 ._ ..r 4. . ' . . � -- . __ . .____.._ ...- �vr�.��� S.P. 6218-OS (T.H. 5-104) Ramsey County On Kellogg Blvd. from 500 ft. N.E. of Pine St. to Mounds Blvd. City of St. Paul Agreement No. 59891 � AGENCY AGREEMENT ARTICLE I - RREAMBLE THIS AGREEMENT made by and between the State of Minnesota, acting by and through its Commissioner of 1'ransportation hereinafter called the "State" and the City of St. Paul, acting by and through its City Council, hereinafter called the "City", WITNESSETH THAT: WHEREAS, the State has prepared plans and specifications and proposes to let a contract for the construction of a project on TruRk Highway No. 5, said project being identified in the records of the State as S.P. 6218-OS (T.H. 5-104) and the project being located on Kellogg Boulevard from 500 feet Northeast of Pine Street to Mounds Boulevard in St. Paul; and WHEREAS, certain sewer facilities owned and operated by the City are presently located within the limits of said project and within the limits of a City�Street; .� and WHEREAS, the State has determined that relocation of the sewer facilities owned and operated by the City is necessitated by the construction of the project hereinabove described and the City has requested to be reimbursed for such relocation pursuant to Minnesota Highway 33 Rules and Regulations (d) General (10); and ���� ee en o. WHEREAS, the City is not staffed or equipped to perform such construction at this time, and a seperate contract to be let by the City for the sewer facilities could result in interference with the operations of the State's contractor and would not be in the best interest of the State, therefore the City has requested that the Commissioner of Transportation act as its agent for the purpose of constructing said sewer system; and WHEREAS, the Commissioner has determined that including said sewer system the State's construction contract would eliminate possible duplication of services and would facilitate coordination of activities so as to generally simplify and expedite the supervision and construction of the trunk highway construction project and would be in the best interest of the State; and WHEREAS, State law requires a written Agreement between the State and the City setting forth their separate responsiblities in accomplishing the Agency construction work: NOW, "fHEREFORE, IT IS AGREED: AR?ICLE II - AGENCY APPOINTMENT AND CONSTRUCTION PLANS Pursuant to Minnesota Statutes 161.45, Subdivision 2, the City in connection with the construction of the aforesaid portion of Trunk Highway 5 does hereby appoint the Commissioner as its agent to construct the sewer facilities and appurtenances thereto as shown on Exhibit "A" which are a part of the plans and specifications designated as State Project 6218-OS on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and in the office of the City Engineer at St. Paul, Minnesota. Said plans and specifications are made a part hereof, with the same force and effect as though fully set forth herein. Before the State's Contractor shall begin such sewer construction, the plans, specifications and special provisions therefor shall be approved by the City. .�,il -2- — • ARTICLE III - PLANS Attached hereto, marked Exhibit "A" and made a part hereof, are comprehen- sive and detailed plans indicating the facilities involved, their present and proposed locations. ARTICLE IV - AGENCY CONSTRUCTION The Commissioner shall, on behalf of the State and as agent for the City, do • and perform the following: Duly advertise for bids and award a contract for construction on Trunk Highway No. 5 in Ramsey County in accordance with plans and specifications therefore designated as State Project 6218-05, which project includes the relocation of City sewer facilities as stated in Article II. Supervise and have charge of the construction of said State Project including the construction and relocation of City sewer facilities as a part thereof. Make such changes in pian or the character of the work for said City facilities as shall be recommended by the Engineer in charge of the work if he concurs in such recommendations or as shall in the Commissioner's judgment be reasonably necessary to cause said project to be in all things constructed and completed in a satisfactory manner and, to that end and as supplemental to any contract let for the construction of said project to enter into for and on behalf of the City any supplemental agreement with the Contractor for the performance of any extra work or work occasioned by an necessary, advantageous, or desirable change in plans. However, the Commissioner or his representative shall confer with the City or its authorized representative before making. any such change in plans or entering into any supplement to the construction contract relating to said City sewer facilities. 1.,�� -3- ��v v : __ ---------- �����9 The City hereby authorizes the Construction Engineer of the Department of 'Transportation acting under the general supervision of the Commissioner of Transporta- tion for and on its behalf to determine and pass on the•various and several items of extra work or changes of plan necessary or desirable during the construction of the aforesaid project and does hereby authorize said Construction Engineer to enter into for and on behalf of the City the supplemental agreements specif ied in the preceding paragraph hereof. The construction of said City sewer facilities shall be under the supervision and direction of the State, but said work may be inspected periodically by the City or its authorized representative. If the City, after the work has been completed, believes said City sewer facilities have not been properly constructed, or that the work is defective, the City shall inform the State's Construction Engineer in writing of such defects. Any recommendations made by the City regarding the work performed under this agreement are not binding on the State, and the State shall have the exclusive right to determine whether the work has been satisfactorily performed by the State's Contractor. Ail work shall be performed in substantial accordance with the approved plans. The State's Project Engineer shall make a final inspection with an engineer designated by the City and the State shall advise the City in writing when it has accepted the installation. When the State accepts the sewer construction, it shall become the property of the City. Risk of loss of partial or complete sewer construction shall be on the State's contractor or the City as provided in Standard Specification 1716, Minnesota Department of Transportation Standard Specifications for Highway Construction, 1978 Edition. ARTICLE V - AGE.NCY PAYMENT The actual cost of said relocation as shown on Exhibit "A" will be determined ; on a unit bid price basis. The City hereby authorizes the Commissioner as its agent to pay � the State's contractor directly for said City sewer relocation. i �,�111, -4- U,..,, � _. - � - - - -- __ ...._�. _.. . ;r.�....�� ! � ARTICLE VI - FUTURE MAINTENANCE Upon completion of the construction and relocation, the City shall thereafter maintain such facilities at its own expense. Should any such maintenance require work on trunk highway right of way, the City shall first obtain a written permit from the proper authority, which application shall be acted upon promptly and shall not be unreasonably refused. The facilities shall not be serviced from the main road ways, ramps or loops of the trunk highway. Said permit shall contain reasonable requlations relating to such maintenance. The City may open and disturb the surface of the trunk highway right of way without a permit onlY where an emergency exists that is dangerous to the life or safety of the public and requires immediate repair. The City upon knowledge of such emergency, shall immediately notify the State Patrol. The City shall take all necessary and reasonable safety measures to protect the traveling public, and shall cooperate fully with the State Patrol to that end. The City in such event shall request a permit from the proper authority not later than the second working day thereafter. ARTICLE VII - MISCELLANEOUS Approval by Council Before this agreement becomes binding and effective, it shall be approved by resolution of the City Council and shall also receive the approval of such State officers as the law may provide in addition to the Commissioner of Transportation. The provisions of Minnesota Statues 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination shall be considered a part of this contract as if fully set forth herein. Utility permit Within 90 days upon completion of the relocation herein described, the City shall submit to the State's Utilities Engineer five copies of a permit application for all facilities within highway right of way. (,ls�' -5- -- -- - ------_- - -___ _ — -- - - ------__ . __ _. i� ... �.,� � ARTICLE VIII - PRUTECTION OF THE CI"fY The State shall insert in the Special Provisions for the Contract clauses requiring the successf ul bidder to provide and maintain insurance, as follows: Section A. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from all suits, actions and claims of any character brought because af injuries or damages received or sustained by any person, persons, or property on account of the operations of the said Contractor or any subcontractor or their agents or employees; whether such damage or injury is caused by negligence or not, or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor or any subcontractor or their agents or employees; or because of any claims arising or amounts recovered from infringements of patent, trademark, or copyright; or because of any claims arising or amounts recovered under the Worker's Compensation Act; or under any other law, ordinance, order, or decree. Section B. The Contractor shall not cornmence work under the Contract until he has obtained the following insurance, and such insurance has been approved by the State and the City. Any such insurance shall be written by an insurance company or companies duly licensed with the State of Minnesota. The Contractor shall deposit with the City the original, or a certified duplicate copy thereof as applicable to this project, of the Public Liability and Property Damage Insurance Policies, required hereunder. The Contractor shall furnish the City with a certificate of insurance frorn tne insurance company issuing the policies for Warker's Compensation Insurance and such other insurance as is herein required. All policies and certificates shall provide that the policies give thirty (30) days written notice. to the City before cancellation, material change or non-renewal. �� -6- -_ .�� T'he Contractor shall procure and maintain, during the life of the Contract and until the work to be performed has been fully accepted, insurance policies as follows: (l.) PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: For and in behalf of himself and the City, as joint assureds, and with a cross liability endorsement protecting tne City from claims or damages for personal injuries, including accidental death, as well as for claims for property damage which may arise frorn operations under the Contract, whether such operations be by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. Provided that the Contractor may require each of its subcontractors to procure and maintain during the life of its subcontract public liability coverage as provided herein. The amount of such insurance will be as follows: Public Liability Insurance in the amount of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for all damages arising out of bodily injuries to, or death of one person and subject to the same limit for each person in a total amount of not less than Five Hundred Thousand L�ollars ($500,000.00) on account of one occurrence, and property damage insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for all damages to or destruction of property in any one occurrence and subject to that limit, a total limit of Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property during the policy period. Property Damage Liability Coverage shall include coverage for hazards of explosion, collapse and damage to underground property. The Contractor shall be responsible for all deductibles or retentions which may apply to any of the insurance coverages. �- -7- - �xe.•...., � �....r�r.:.raa.rnrrr. Section C. The State agrees, to the extent permitted by Minn. Stat. Sec. 3.736 (1978), to indemnify and save harmless the City of St. Paul from and against all claims, demands, judgments, losses, costs and expenses, for injury to or death of person or loss or damage to property of any person or persons whomsoever, including the City of St. Paul, arising from or growing out of the negligent acts or omissions of the State, its agents or employees, in connection with the work that is to be performed by the State under this Agreement. �.-��. -8- _ _ _ 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 ) � CITY OF SAINT PAUL_ i fJl � � ��C � � U ( � � BY Director - Dept. of P 'c Works Mayor Approved as to Form: By Director-Dept. Finance and By Management Services Assistant City Attorney DEPARTMENT OF TRAtdSPORTATION STATE OF MINNESOTA Recommended for approval • Commissioner of Transportation BY District Engineer Director Right of bJay Operations Approved: , Utilities Engineer Approved as to form and execution: Commissioner of Administration By pecial �Assistant Attorney General Authorized Signature State of Minnesota STATE OF MINNESOTA ) . ) ss COUNTY OF RAMSEY ) da of 198 , before me personally appeared On this Y � . to me known to be the Director of Right of Way Operations, acting for the Commissioner of Transportation of the State of Minnesota, and the person who executed the foregoing instrument in behalf of the State of Minnesota, and the Commissioner of Transportation, and acknowledged that he executed the same as the free act and deed of the State of Minnesota. .