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
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Date: March 6, 1980 - ��l� � .4 '�8�
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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.
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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�. . �
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ATTa('FL�i�'�AjS: . � .
RESOLUTION. •
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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
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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 �
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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. .