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268361 WH17E - CITV CLERK COUIICIl (� PINK - FINANCE GITY OF SAINT PAUL ���p CANARV - DEPARTMENT �p � BLUE - MAVOR File NO. ����'-s Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That pursuant to the authority contained in the 1973 Minnesota Statutes, Section 161 .36, Subdtvisions 1 through 6, the Council of the City of St. Paul does hereby designate the Commissioner of Trans- portation of the State of Minnesota to act as Agent on behalf of the City of St. Paui, a subdivision of the State of Mi�nesota, for the pur- pose of accepting Federal Aid on 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 in part with Federal monies during the i977 calendar year. all in accordance with the terms and conditions set forth in an Agreement between the City and the Canmissioner, entitled "Minnesota Department of Transportation Age�cy 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 hehalf of the City of St. Paul. COU[VCILMEN Yeas Nays Requested by Department of: ..�^ Butler � In Favor P�b� W Hozza Hunt � ' � __ Against BY � ' Roedler Daniel J. Du rd (Traffic-RHR) Sylves � ee- ��� 4 �t3� Form Approved b City ttorne A ed by Council: Date Certified s y C .' Secretal� By By 'J Approv 1Vlavor. Date JA1y 6 �97? App v d by Mayor for Su ' si n to Council By � g BY . N I Mn/OOT 30774tRevised II/76) ������ MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY CONTRACT This Agreement made and entered into by and between the City of St. Paui heretnatter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the �'Commissioner�', WITNESSETH: WHEREAS, pursuant to M.S. t61 .36 the City of St. Paui desires the Comnissione� to act as its agent for the purposes of that statute in accepting federal atd on the cities behaif, for road and bridge oonstruction and in contracting for the construction, improvement or maintenance ot ro�ds or bridges financed either :i.n whole or part with federal moneys: and WHEREAS, M.S. 161 .36, Subdivision 2, requires that the tern►s and condition of the agency be set forth in an agreement: � NOW, THEN, IT IS AGREEO: - I - That pursuant to M.S. 161 .36, the City does hereby appoint the Commissio�e� its agent with respect to al ) federally funded projects to be let during the 19 77 calendar year, to accept and receive all Federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of City streets. Each project to be covered by this agreement shall be programmed by the submission to the Commissioner of a programming form together with a certified copy of the resolution ot the City Council requesting the Commissioner to obtain federai approvat for the project(s) . Page No. i . , ' ' • �����a� Each contract will be in accordance with plans and speciai provistons for satd pro,jects on file tn the Department of Transportation, State 7ransportation Butiding, St. Pauf, Minnesota 55155, and Minnesota Department of Htghways, Standard Specifications for Highway Construction dated January 1, 1972 and all amendments thereof, which said ptans, special provisions and specifications are made a part of this agreement by reference as though fully set forth taerein. In the letting of said co�tract, it is hereby agreed that the following procedure shall be followed, to-wit: (a) The Commissioner of Transportation shali cause the advertise- ments calling for bids on said work to be published in the Construction Builetin. He shaii also cause advertisements for blds to be published in the officially designated newspaper of the City, which said local newspaper is hereby designated by the City to be the St. Paul Legai Ledger (Saturday) published at 500 Robert St. . Said advertlsement or call for bids shalt specify that sealed proposals or bids will be received by the City Purchasing Agent Qf St. Paul on behaif of the Commissioner of Transportation as agent ot said City. Proposals, plans and specificatfons shall be availabte for the inspection of prospective bidders at the office ot the Department of Transporta#ion, St. Paul, Min�esota 55155y and at the • � Director of Public Works office of satd . and the advertisement shall so state. The bids received in response to said advertisements for bids shall be vpened for and on behalf of the Comissioner of Transportation by a District Engineer of the Department ot 7ransportation or such other engineer of the Department of Transportation as may be trom time to time se�ected by the Commissioner. After said bids shall have been opened, the City Councii of the City of St. Paul shall first consider the same and thereupon Page No. 2 , . . l.����M� transmit to the Co�rmissioner of Transportation ali bids received toge�rher with its recar�nendation that the lowest bid submitted by a responsibie bidder be accepted or that ali bids be reJected. Upon receipt ofi aii said bids, the Commissioner of Transportation shall duiy cause all of said bids to be tabulated in accordance with law and shall thereupon determine who is the lowest responsible bidder or sha{ I �s,ject all bids. (b) The Co�nissioner shail supervise and have charge of the construction of said proJects after the same has been let. The City agrees Director of Public Works to furnish its or such other competent registered engineer and assign him to the active supervision and direction of the work to be performed under any cont�act let for the aforesaid projects. Said engineer so assigned shall act under the supervtsion and direction of the Commissioner of Transportation. The City further agrees to furnish such other men, services, supplies and equipment as shail be necessary in order to properly supervise and carry on said work. (c) The Commissione� may make such changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concu�s in such recorr�nendatlons, the Commissioner may enter into for and on behaif of the City supplementai agreements with the co�tractor for the perforn�ance of any extra work or work occasioned by any necessary, advantageous, or desirable change in pians or oonstruction. It is contemplated by the City that the Cornnissioner of Transportation cannot personaliy investigate and pass judgment on the vartous items of extra work and pian changes necessaty and desirable during the construction ot the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Department of Transportation. Page No. 3 . ' ���'�� � The C1ty does he�eby authorize these engineers, so delegated by the Commissioner of Transportation, acting under the general supervision of the Co�nmissioner of Transportation to enter into for and on behalf of the City the supplementai agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer for and on behalf af the City to, from time to time, during the progress of the work on said pro,jects, request the Commissioner of Transportation to furnish for use on said proJects speciftc engineering services to be performed by ski ! !ed � employees of the Department of Transportation. The Commissioner may but is not obligated to furnish the services so req�;ested. It the C�:nmf�sioner ot Transportation in compliance wi±h such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Transportation employee, then and in that event, the City agrses to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including ali costs and expenses ot any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such servfces. (e> The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as Federal Aid funds, for said projects and to pay the�efrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the finai estimate to said contractor for satd work. tf) The Commissioner shal ! perform on behalf of the City all other acts and things necessary to cause said projects to be canpieted in a satisfactory manner. Page No. 4 � ' , � . ������� � (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be pald the Federal Aid Funds availabie for sald pro,jects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by competent federal authority perta(ning thereto necessary for the purpose of procuring and hav�ng paid the Federal-Afd available for said projects. th) The Commissioner may perform on behalf of the City an¢ other and furhter acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper tederal authority in order to cause said projects to be oompleted and to obtatn and receive the Federal-Aid made available therefor. - 2 - The City agrees that it wiil from time to time, after the execution of these presents to make such �eports, keep such records and perform such work in such manner and time as the Commissioner of Transportation shall from time to time request and direct so as to enable the Commissioner as its agent to coilect for it the Federal-Aid sought. Said records and reports shall be retained by the city in accordance with the Corrrnissloner of Transportation record retention schedule for Federal Aid projects. - 3 - It 1s o�ntemplated that the Federal Government wil ! pay to the Commissioner af Transportation as the agent of the City the Federal-Aid funds available to satd City toward the construction of said proJects. 1t is Page No. 5 - - • � • • ' ^ F ����9�� further contemplated that the contracts to be let by the Commissioner as the agent of the City for the construction of sald pro�jects shall provide that the contractor, as the work progresses, shall , from time to time, be paid partial payments designated in satd contract as partial estimates and on the completion and acceptance ot said work to be patd a final payment designated in said co�tract as a final estimate for all work perfor-med. 7he City �grees to depostt with the Commissioner of Transportation a sum equal to ninety (90) percent ot the City share of each contract obligation, to be used in paying the City share of the partiai estimates and for advancing the federal share of such estimate payments. Upon determination ot the final costs on each oontract, the City wili be requested to deposit the remaining share of their obiigation pursuant to the terms of the contracts let for and on behait of the City for the construction of said contracts. At regutar monthly intervals after the contractors shail have started work u�der the oontracts let by the Corrrnissioner as agent for the City for the oonstruction of said pro�jects, the engineer duly assigned to and in charge of said work shali prepare a partlai estirtiate in accordance with the terms of satd contracts let for safd proJects and the procedures established by the Office of Constructton. The said engineer in charge of said work shall immediately atter prepat-ing each partial estimate, transmit the same to the Commissioner in qutntuplicate. Each such partial estimate, shali be duly certiffed by the engineer in charge and by ths contractor performing such work. The said engineer duly assigned to and in charge of sald work shal ! also prepare and submit to the Office of Construction the finaJ esttmate data, together with the required proJec-t reco�ds �+�► accordance with the terms of sald contracts let for said proJects. Quantlties iisted on said pa�tial and itnal estlmates Page No. 6 . o • . , ' `� � ���'•��� shail be documented (n accordance with the guidelines set forth in the appitcable documentation manual . In addition to said foregoing partial estimate payments the City agrees to pay to the Canmissioner that am�unt which will be sufticient together with the Federal funds actuaily ailowed and received to pay the ftnai estimate after the same has been prepared and submitted to the Commissioner, approved by the District Engineer or his assistant. The foregoing provisions as to tne time and amounts of particular payments shall in no way limit or qualify the City's obligation to pay ali of the cost of sa(d projects not paid by way of federai funds. - 4 - When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the compietlon of said inspection advise the Commissioner of Transportation whether or not the work performed should be, by the Commissioner of Transportation as its agent, accepted as being performed in a satisfactory manner. In the event the City shoutd, after said inspection, recommend to the Commissioner ot Transportation that he should not accept said work, then the City shali at the time such recanmendation is made specify in particularfty the defects in said work and the reasons why the work should not be accepted. It is further agread that any recommendations made by the Ctty are not binding on the Cortur►Issioner of Transportation but that he shati have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Cortxnissioner of Transportation on the severa{ matters herein set forth shall be final , binding and conclusive on the parties hereto. Page No. 7 • , � � �����-� - 6 - It is contemplated that the antire cost of said projects is to be paid from funds made available by the United States, by way of Federal-Aid, and by the City. if for any reasort the United States fails to pay -any part of the cost or expense of said projects, then and in that event the City agrees to pay 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 perforn�nce of the work under any contract let for said projects in the event that the Fede�al Government 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 ail expenses and costs connected with said projects or the construction thereof which the Federa! Government does not pay. - 7 - The City further agrees that I ) Where there is Federai-aid in right-of-way -- The City wili meet the requirements contained in the Federal �iJd' Hlghway Program Manual Volume 7. Note: If there is Federal-aid just in relocation, the contract discussed in Chapter 5, Section i , Paragraph IOC, must be executed. 2) Where there is Federal-aid in construction only -- The City wiil meet the requirements of the Uniform Relocation Assistance and Reai Property Acquisitions Poticy Act of 1970 together with FHWA regulations implementtng Title II of the Act on relocation (FHPM Volume 7, Chapter 5); and Federa) Aid Highway Program Manual Volume 7, Chapter I , Section 4, Paragraph 5A pertaining to civil rights. - 8 - The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. Page No. 8 . ,���� �� ' IN WITNESS WHEREOF, the State and the User have caused these presents to be executed by their respective officers. CITY OF SAINT PAUI STATE OF MINNESOTA By gy Director of Public Works Commissioner of Transportation By By Mayor State Aid Engin�:e� Approved as to Form: Date By ' Assistant City Attorney By Director of Finance and Management Services Date Approved as to Form and Execution By Assistant Attorney General Page No. 9 . . . .... ._. .. . .. .. ... . . . , .;.; \. _ _!' .. . _ - .�. - . _. . . . . . . . . . . .. _ .. /� '-, ' 4M OZ r Z�/1975 �, `� Rev. : 9/8/7b; � � EXPLANATION OF AD�SINISTRATIVE ORDERS, �: RESOLUTIONS, AND ORDINANCES _ - - , — , t� � ' • : ��'.�►� � � _- :. Date: pee�r 8. 197'd , i, ; . , � .; TO: NIAYOR GE�RGE LA'�IMER FR: tk�atei��. Tuft¢. Public. Mlorka�-Treffic �ngirise�ring J � ` RE: Mim�esota Oapart�nt o�f T�ansportation Ag�ncy Aqr�nt. : : � _ ; . l, AC:T�Oi�i REQUESTED: � lA�p�rovaT c►f Rssoiutia� and flg�nc�-.'Contract. : � � _ : � ; _ , _ =5 � : PtIRP4SE AND RAT20NALE FOR THIS ACT20N z- ' ' � Th1s fs a� s�rrwl Agr�wnt desigt►ating ths G�i�csta�aRr o�t T�;por�wt�an , ^` to a�ert aa t h e Aga�t far the C Tty �o re�e ive F i�t era t A i+� t� c it ils .#�+r ; � rost# at�d�bri dge co�s trdct i on`. ` ` ` - ,, , . ; , , , ATTRCt�ENTS. ' , , _ Resotution '� Two u�ies of Ag�ncy Cw�tract. ' � , ; � � . R1tR:DF�T:c�ed , - , ..