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273210 WHITE - C�TY CLERK PINK - FINANCE G I TY OF SA I NT PA IT L Council ����� � CANARV - DEPARTMENT Bl_UE - MAVOR File NO. � � . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the City of Minneapolis is about to improve Emerald Street from I .S.g4 Frontage Road to University Avenue by grading, paving, constructing a bituminous roadway, constructing concrete curb and gutter, storm water drainage facilities and all other work necessa ry and incidental to said improvement. Project is located within the corporate limits of both the City of St. Paul and the City of Minneapolis. All work to be done in accordance with Plans, Specifications and Special Provisions therefore designated as City of Minneapolis Elwell Project 2685, which documents were approved by ����P�ul City Council on June 26, 1979 by Resolution, Council File No. r . :� NOW, THEREFORE, BE IT RESOLVED, that the proper city officers are authorized and directed to execute, on behalf of the City of St. Paul , Construction Agreement attached , between the City of St. Paul and the City of Minneapotis, provTding for the disposition of costs incurred in the construction of said project, Elwetl 2685, a copy of said agreement being attached hereto and incor- porated herein by reference; and be it FURTHER RESOLVED, that the constructfon and engineering costs incurred by the City under the terms of said agreement shall be paid from P. I .R. Fund Code 60200, and are estimated to be $82,754.17. Said fund shall be reimbursed from 1979 County Aid funds. All costs shall be accounted for under Department of Public Works Project No. P-0684, known as Emerald Street, from I .S. g4 Frontage Road to University Avenue. COU[VCILMEN Requested by Department of: Yeas Nays � � [n Favor Hunt � -�evi�e _ � __ Against BY — (DJD) Maddox Showaltez-�� � Tedesco" JUN 2 6 19�9 Form Approved� y ity At ney Adopted by Council: Date C�rtified Pa_se y Co c.il . creCary BY t �y _ t�p e by 1�lavor: Da � _ JUN 2 8 19�9 Approved by yor for Subm' sion to Council BY � BY I=�������, �8ustt�t3 JUL 7 1979 � ' . : `�'�? � � COOPERATIVE CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into this day of - , 1979, by and between the CITY OF MINNEAPOLIS, a municipal corporation under the laws of the State of Minnesota� hereinafter referred to as "Minneapolis", and the CITY OF SAINT PAUI, a munlcipal coroporation under the laws of the State of Minnesota, hereinafter referred to as "St. Paul". WiTHNESSETH: WHEREAS, Minneapolis and St. Paul for some time have been negotiating to bring about the improvement of that portion of Emerald Street Southeast between a point approximately �� 0�0 feet Southerly of the Southerly line of Sharon Avenue Southeast and University Avenue Southeast, a street of common boundary; and WHEREAS, the improvement contemptates and includes grading, catch basins and leads� concrete curb and gutter� bituminous surface, sidewalks and other related work; and WHEREAS� Minneapolis is preparing plans and specifications for the abave described improvement as part of a project known as Prospect Park Residential "Paving and labeled as Elwell Project 2685; and WHEREAS, the above described improvement lies within the corporate limits of Minneapolis �d St. Paul ; and WHEREAS, the Minneapolis City Engineer has on March 20, ig79� prepared an engineer's estimate of the quantities and unit prices of materials and labor for the above described improvement within the corporate limits of St. Paul in the sum of Eighty two thousand seven hundred fifty four dollars and seventeen cents. A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference is made a part hereof; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes Sec. 471 .59. ,. . � . -2- •NOW, THEREFORE, IT IS HEREBY AGREED: I . St. Paui � by this Agreement, permits and authorizes Minneapolis to construct the above mentioned street improvements and related work within the corporate limits of St. Paul with Minneapolis' Day Labor Forces in accordance with the plans and specifications approved by both parties. II . Minneapolis, by this Agreement, permits the storm water drainage from the catch basins to be constructed at the Southeast corner of the intersection of Sharon Avenue Southeast and Emerald Street Southeast, the Southeast corner of the intersection of Franklin Avenue C1:1 ' ��utheast and Emerald Street Southeast and the Northeast corner of the intersection of Franklin Avenue Southeast and Emerald Street Southeast to drain into the Minneapolis storm drain systgm until such a time when that particular part of the storm drain system is no longer desirable or if the effluent from said catch basins is contaminated more than the normal storm water runoff as determined by Minneapolis. Upon completion of the construction of the above three mentioned catch basins and their leads into the Minneapolis storm drain system and acceptance of the work by St. Paul , St. Paul shall maintain and keep in repair said catch basins and leads. � III . All construction permits for said improvements required by either party for work in its corporate limits by the second party are granted upon execution of this Agreement. IV. Both parties will make a good faith effort to coordinate and construct said improvements within the 1979 construction season. If for a�y reason these improvements are or cannot be constructed in the 1979 construction season� this Agreement will be void. V. All extra work orders or changes during the construction for said improvements shall be subject to approval by both parties prior to construction. . � �i ; -3- ` VI . , St. Paul will compensate Minneapolis for one-half of the roadway construction costs � and for all other work performed by Minneapolis within the corporate limits of St. Paul as set forth in Exhibit "A" quantities� the cost thereof being the amount of $82,754. 17. It is understood that the above cost will be adjusted when actual costs are determined and that St. Paul will compensate Minneapolis the entire total of actuat costs attributable to the work to be performed under this Agreement. All records and costs pertaining to the work to be performed under this Agreement sha11 be kept by Minneapolis and St. Paul in � accordance with the established record keeping and accounting procedures developed by each �'�ty. Upon completion of the work, Minneapolis will submit a payment request, payable in full within sixty (60) days of billing date. VII . Maintenance and public safety wilt be the responsibility of the contractor during the construction phase. After construction the maintenance and public sa�ety will be the responsibility of the owner. Further, each party agrees to indemnify and save harmtess the other party and their employees from any and all loss, damage, injury or liability of every kind for the above defined periods. � VIII . It is further agreed that any and all employees of St. Paul and all other"persons engaged by St. Paul in the performance of any work or services required, volunteered or provided for herein to be performed by St. Paul shall not be considered emptoyees of , Minneapolis� and that any and all claims that may arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged� and any and all ctaims made by any third parties as a consequence of any act or omission on the part of a sald employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Minneapolis. Also, any and all employees of Minneapolis and all other persons engaged by Minneapolis in the performance ' �• . of any work or services required, volunteered or provided for herein to be performed by Minneapolis shall not be considered empioyees of St. Paul , and that any and all claims that may arise underWorkmen' s Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of St. Paul . IX. The provisions of Minnesota Statutes, Section 181 .59 and of any applicable local �. ordinance relating to Civil Rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively by their proper officers thereunto duly authorized and have caused their corporate seals to be hereunto affixed as of the day and year first above written. Approved as to Legality: CITY OF MINNEAPOLIS gy: Mayor � Ass�stant City Attorney Attest: City Clerk Countersigned: City Comptroller-Treasurer Approved as to Form: CITY OF SAINT PAUL By' By: Assistant City Attorney Mayor By: Director,Department of Public Works Countersigned: Director,Department of Finance E Management Service