272369 WHITE - CITV CLERK �
PINK - FINANCE COI1flC11 �r�����
CANARV - DEPARTMENT GITY OF SAIN�T PAUL File NO.
BLUE - MAVOR �
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Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That pursuant to the authority contained in Minnesota Statutes,
1978, Section 161.36, Subdivisians 1 through 6, the Council of the City
of St. Paul does hereby designate the Commissioner of Transportation of
the State of Minnesota to act as Agent on behalf of the City of St. Paul
for the purpose of accepting Federal Aid on the City's behalf for road
and bridge constructian and in contracting for the construction, improve-
ment or maintenance of roads or bridges financed in whole or in part with
Federal monies, all in accordance with the terms and conditions set forth
in an Agreement between the City and the Cammissioner, entitled "Minnesota
Department of Transportation Agency Contract, Form No. 30774" a copy of
which Agreement is attached hereto and incorporated herein by reference,
and, be it
FURTHER RESOLVED, That the proper City Officers are hereby authorized
and directed to execute said Agreement on behalf of the City of St. Paul .
mke
Yeas COUNCILMEN�d 5 Requested by Department of:
Y /
Butler U P 1 i c Wo r ks
Hozza � Pres i dent [n Favor
Hunt �
Levine __ Against BY '
�..�,��. ona . yga , rec r
Showalter 19,�
Tedesc JAN 1 1 Form Approved by�ity Attorney
Adopted b ouncil: Date � r
Certif d Passe y Council Secretary BY
1,�.�— ;�.
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t#p d by Mavor: e ! '�� � � �� Appro d by Mayo�or S b ' s'on ko Council
By — By t��
1"�� �#K B 0 1979
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, ,�, OM- 0 l: 12/i9 7 5
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� �XPLANATION OF ADMINISTRATIVE ORDERS� `
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RESOLiJ'�It3N3, A�U' :ORDINAi�C�S
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Date: Decembe r 18, 1978 .
` . REC���*�
�: r�,YO� c���E r��T� �A N 3 ..
Robert A. Ffio'rrisberger; Jr. - Publ ie Works y97�
�� 111�'►�p���,,���
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gyr� Agency Gontract betwee� Ci ty a�nd Mi nneso�ta Department of
. Transportation. :
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ACTION-• RE4UESTE.D: _ . _
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- lfnder thi s �greemen,t ttYe-Canm,t ss�oner of-T�ansportat�on woul d act
as the City's Agent in accepting fed�ral sid on the �ity's behsif
for road and bridgc construction in accord�nce .with �tate Statutes
161.36. .
� 'Pt�RPOSE��ND RATIQI�ALE FOR TH�S ACTION: . � .
This is a renewat of th� 1978 Agency Contract, �
ATTACHM�3NTS; .
Resoluti:on 4
. Capy of Agreement
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=�/DO? 30T'!4 (�su'iaa� Il/7g) .
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;��A DEPJRTI�NT OF 1t _
,LGE�G'Y A�T
;3hi� .Agte�ent -made aad anta�ad iato by and-�at�aea the City of
Saiat Paul h�sain aft�r nfer�ed to ss the "City"
�d the Coro�isaioasr of Tra�taportation of tbe St�ts of l�inaesota hereiu-
__:attsr ref�rr�d to u ths ►'C�siss�,aamer". iiITNffiSSrB:
�iHF.RP.�S, pursuaat to I�f.S. ].61.36 t.bt City of Saint Paul
-�d�siras the Ccmmissioaar to act as :ita-.agffit in �cceptfng federal $id on
#hs City's bahs].f, for road an�d bridge coattreiction aad ia contr:cting for
-=#hs constructioa, i.�provement or �siat�ancs af raada or brid�as fiaanced
• _..:�ithar ia-xhol� os psrt �ritb fad�ral �oaeys: -a�d °
' ;�iBE�I:AS, H.S. 161.36. Subdiviaion 2, r�quis�s that the teras sad
,�o�ditiats of ths as�ncy b� sat forth in aa aasara�nt:
-�lOi�1� TB$N, IT IS A�SEF.D: •
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. :�hat purau�aat to �.5. 16I.36, the Cf.ty e�oa� h�r�b7 aPpolat the
:.-�isaioa�s� its ag�nt vith r�sp�t to alI.�fa�rall�r.fvodad pro3ect:, to
-�accept a�d r�ceive alt Federal #�mds msde svsilabla for said pro�ects sad
#o l�t cmitracts purawnt to lan for:xhe-°oonstraction and irpra�v�mnt of
:=�i.ty stre�ts.
�acb pro��ct to be eovered by #his=�a� sball be programmed
�y #ha su�ission to tLa Ca�issio�er of a -pro;�r�.;fo� togtther �ith
��c.art3�iad sopy of tb�e s+asolutioa of Lh� Cit� Comeii. 'r�estinS ti� Cam-
=�rissionar to alrtain �eral-:ap�ra�ai for tlwe t+�3�fs#.
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. Bach contract will be in accordance with plans and special pro-
� visioas for said projecte on file ia the Department of ?ransportatioa, State
Tranaportation Building, St. Paul, l�iinnesota 55155, aad the latest edition �
of Standard Specifications for Highway Construction pro�ulgated bq the Com-
�issioner and all ameadments ti�ereof, which said plans, special provisions
aad apecifications are made a part of this agreement by referenced as though
fullq aet forth hereia. .
� Ia the iettiag of said contract, it is �hereb� agreed that the fol-
loving procedure shall be followed, to-�rits
(a) The Co�nissioner shall cause the advertisemeats calliag for
- bids oa sfid �rk to be published in the Construction Bnlletia. He shall
also cause advertfsements for bids to be published in the officially de-
� signated newspaper of the City. Said advertisement or call for bids shall
Purchasing
specifq that sealed proposals or bids will be received by the City X�1�
_Aaent of 5fint Paul on behalf of the Com�issi�oaer as agent of sa,id
City. Propo�als, plans and specifications sha]1 be availabZe for the ia-
spection of prospective bidders at the office of the Depsrtmeat of Trans-
- the Director of Public Wortcs
' portatioa, St. Paul, Minnesota 55155, and at the office of � X�L� 1�7c� City of St. Paul
aad the advertisement shall so state. The bids receiped ia respoase to
said advertisements for bids shall be opeaed for aad on behalf of the Com-
niseioner by a Dietrict Director of the Department of Transportation or
� auch other engineer of the Department of Traasportatioa as m�p be from time
to time selected by the Commissioner. After said bids s�al.l .have been opened,
the City Council shall first consider the same aad ther�pon transmit to the
Coasmisaioner alI bids received together with its reco�eadation that the
laaest bid submitted bp a reaponsible bidder be accepted or that all
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-�:ids be rejected. Upoa receipt of all said bids, the Com�issioaer shall duly
,canse all of said bids ta be tabuiated in accatdance wit� 2�x sad shali thereupon
�etermiae wlso is the lo�rest responsible bidder or shall r�j ect all bids.
(b) Tbe Commissioaer sball supervise and have cttarge of the �
mastruction of sai,d projects after the same has been let. The City agrees
to furnish its CiLy Engineer or such other registered engiaeer aad assign
-•�tim to the active supervision and directioa af the vork to be performed under
.any coatract let for the aforesaid pro3ects, Said engineer so assigaed shall
�ct •uader the supervision aad direction of the Commissioaer. The Citq further
�grees to furaish such other mea, services, supplies and equipment as shall be
,�essary in order to properly supervise aad carrq on ssid work.
- �c) The Com�fssioner msy make such changes in the plans or the
-:a�aracter of the �ork .as sha].l be reco�ended by the �agineer in .charge of
•the work. If he cancurs ia such recam�endations, the Co�missioneac may eater
�ato for and on behaYf�f—the City snppl�ental agreements with r.he soatractor
�or the pexfoYmance of aay eatra �rork �or-wcrl� occasiaaed by.any°necessary,
-:�d�tageous, or desirable change ia plaas or rcnstruction.
.�t is �understood by _the City that Lhe Commissioaer canaot personally
:�vestigate aad pas� �udgment on.�he various items �of extra s�ork and plan
-�anges aecessarq aad d�irable duriag the .consLrnction of the pro�ects but
�hat he must delegate such duties to -eagiaeers vader his supervisioa aad
�aatrol that are �mgloyed by the .Depart�ent nf Traaspartat3aa.
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- The City does herebq authorize these engineers, so deiegated by the Co�issio�er,
to eater into for and on behaif of the City the supple�ental agree�ents specified
in the preceding paragraph hereof. f
(d) The City hereby authorizes ite City E'agfneer for and on behalf
of the Citq, from time to time, during the progress of the work on said projects,
to request the Commissioner to furaish for use on said grojects specific
engiaeeriag services to be performed by skilled employees af the Departmeat of
Tranaportation. The Commissioaer may but ie not obligated to furnish the
aervices so requested. If the Commissioner in compliaace with such request
. ahall furaish for the use of the City oa said pro�ects the sernices of a�r
Minnesota Department of Transportatioa employee, then aad ia that event, the
. City agrees to reimburse the Trunlc Highway Fund for tbe fuZl cost and expense
of the furaishing of such services including all costs and ezpenses of any
kiad or nature whatsoever arising out of, connected with, or iacidental to the
furaiahing of such services.
(e) The Co�issioner shall receive the funds to be paid by the
City and the fuads to be paid bq the Onited States as federal aid funds, for
eaid pro�ects aad to paq therefrom whea due any and all sums that may become
due the coatractor to whom the contract is awarded, aad upon fiaal completion
and acceptance of the work, to pay from said funds the final estimate to said -
contractor for said work.
(f) The Co�issioner shall perfozm on behslf of the City all other
' acts and thiags necessarq to cauae said projects to be completed in a satisfactory
manaer.
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_.�I (�) The Commiseioner map enter iato any agreement for and on
� �iLal.f of the City with the United States or any officer or agent thereof
�l�at awy be required or necessary for tbe purpose of procuring and actually
-�,�awing to be paid the federal aid funds available for said pro3ects and to
_:,�hat ead to biad and commit the City in such agreement to the performance of
�ty and all things required by anq law of the Uaited States or of any rule
��ad regulation issued bq federal authority peztaiaing the.-eto neceasary for
-•�he purpose of procuring and having paid the .federal sid available for said
- �j ects.
� (h) The Co�issioner may perform on behalf of the City aay other
�nd further acts as may be necessarq or required uader aay law of the Uaited
. �tates or of aaq rule or regulation issued by proper federal authority in
�order to cause said pro�ects to be completed and to obtain and receive the
��deral aid made available therefor.
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The City agrees` that it will from time to t3me, r�fter the execution
�f..this agreement, make such reports, keep such records and pe�form such
=�prt in such manner aad time as the Commissioner shall from time to time
�tqnest and direct so as to enable the Cc+mmissioaer as its agent to collect
#or it the federal aid sought. Said records and reporta shall be retained
.�by.tbe Citq ia accordance with the Cammissioner's record retention schedule
�#os federal aid projects. . �
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_ It is anticipated that the Federal Governmeat Will pay to the
°�a�■dssfoaer as the ageat of the City the federal sid funds available to
--�+f�f@ C3ty toward the conatruction af said projerts. It is
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further anticipated that the contracts to be let bp t� Comm�isaioner as the .
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� agent of the City for the construction of said pro�ects shall provide that
the contractor, as the work progresses, shall, from ti.�e to time, be paid
partial payments designated in said contract as partial eatimates and on
the completion and acceptance of said work to be paid a final payment
� designated in said contract as a final estimate for all �ork performed.
4 Ths Citq further agrees that anq City funds and/or Municipal
State Aid fuads to be applied to any coatract covered by this agreen�nt shall
be deposited with the Co�issioaer ia accordance with 14 1�A8 Section 1.5032.
At regular monthly intervals after the contractors shall have
started work uader the contracts let by the Commissioaer as agent for the City
.for the construction of said pro�ects, the engi�neer assigned to aad in charge
of said work shall prepare a partial estimate ia accordsace with the terms of
said contracts let for said pro�ects and the procedures established by the
Office of Construction, Department of Transgortation. The said engineer
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: in charge of said work shall i�maediately after prepariag each partial estimate,
transmit the same to the Commissioner in quintu.plicate. Each such partial
.estimate, shall be certified by the eagin�eer in charge and by the contractar
performing such work. The said engineer assigaed to and ia charge of said w�crk
shall also prepare and submit to the Commissioner the final estimate data, together
with the required project records in accordance with tbe terms of said coatracts
let for said projects. Quantities li�sted on said partial and final estimates
ahall be documented in accordance with the guidelines set forth in the
applicable documentation manual. After the approved final estimate has beea
Page No. 6
�b■�itted to th� Coe4issfaner, the CitT xl.11 psy to tLt Ca�adssiEmer that
�:,�amt ah�.ch t+o�ether �#.th the fedearal f�ds r�ceivad for tl�t Pr�oject rill
-�bs soffici�t to psy all the caatract costa of t.ha P�s'v3act.
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� th� contractor shall Lave �caapleted tha �rk oa aaid pro3acts,
:�ihe,City agrees to iaspect the same aad forth�ith upoa the caa�pletioa of said
�nspect3oa advise the Co�i,ssianer .�hethar -or aot the vork perforaied s�ould be,
�y the Commi.saioaer sa ita agent, accspt�d as. being p�Yformed in a satiafactory
--�snaer. In the :sveat the City should, .after:�aid inspectian, recoa�ead to the
�o�tissioaer that �e .sbould aot ac�apt said �orle, then the Cfty shal.l at
3�e time such rec�adation is aade-specify in psrticularitp the defects
-�a_�aid work andd the reascns Why the -�ark sl�ould aot be �acc�pt�ed. It is
' �;#n�sther agreed zhst any rec�endatioas msda bp t�e City are aot bindiag
:�n_�he Coaeissioaer but that he sha21 have the ri.gbt to detsssiae whether or
:�aat the �rk has been acceptably perfor�ed �aad to,.accapt �or zeject Lhe -werk
�asfosaed u�der any said contract. . .
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It is further ,agree� that the d�cision Qf the Coa�sioner on the
-�.a�everal satters I�erein set forth shsll be fiaal, btndiag sad-conalusive on
�the �rt3ae hereto. -
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�t 3s �aticipated that _t�e entire cost of aaid pro�s►cts is to be
�i3d from fuads �d� available by the 1Taited St.stes, by �ay �f fedQral sid,
��d by t.he City. If far smp-r+�ason �e Itaittd Ststes fsils �o Pay sny part
=�f =� coat or �se of said �ro�ects, =#.hen sod ta-tbat a�at Lhe City
-�t to �a3 `t3�>sss. 7�e !Gfty f�r�s ;agr�es tp pa�,�ny :,aad ,ail claiss
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or.demands of any kind or nature whatsoever arising out of or incidental to
the performance of the work under any contract let for said projects in the
e�teat that the federal government does :eot pay the same, and ia all events,
agrees ta save the State of Minnesota and the Com�issio�er harmless aad to
. pay any and all eapenses and costs conaected with said pro�ects or tha con-
struction thereof which the federal govern�nt does �ot pap.
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The City further agrees that
1) Where there is federal aid in rightrof-wa� -- The City will
meet the requirements contained in the Federal Aid HigLvay Progra� Manual
� Volume 7. Note: If there is federal sid just in relocation, the contract
discussed in Chapter 5, Section 1, Paragraph iOC, of ssid Dolume 7, must
. be eaecuted. _ _ _ _ _- - :
2) Where there is federal aid in construction only — Th.e City
will meet the requiremeats of the Oniform Relocation Assistance and Real .
Property Acquisttion Policy Act of 1970 together with FHWA regulations im-
plementing Title II of the Act on relocation (FHPM Voln�e 7, Chapter 5);
. aad Federal Aid flighway Program Manual Volume 7, Chapter 1, Sectioa 4, Para-
grsph SA pertaining to civil rights. - -
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All references to statutes and rules shall be construed to refer
to the statutes aad rules as they maq be amended from year to year.
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The Co�issioner accepts this said appointment as agent of the
City and agrees to act in accordance herewith.
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. C ITY OF SA INT PAUt,
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�Dt�hctor. De rtment of Publ f ks Mayor
�PPROYEO AS TO FORM: Date
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�Y �- •"'1�'� '
� s i sta�t ' Att ey 0 i r'ector, Depa rtment of �'i nance and �
�' ' Managanent Services �
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STATE OF MINNESOTA !
� �fCtMl�IENOED FOt� APPROVAL
By �.
��rector, Office of State Aid Date Coamissioner of Transportation ;
__- - Date .
�PNtl�tED AS TQ FORM AND EXECUT I ON: �
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