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266601 WHITE - CITV CLERK COl1IIC11 ��01 PINK - FINANCE � CANARV - DEPARTMENT GITY OF SAINT PAUL BLUE -MAVOR . Fll@ NO. � ` Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That pursuant to the authority contained in the 1973 Mi�nesota Statutes, Section 161 .36, Subdivisions 1 through 6, the Counctl of the City of St. Paul does hereby designate the Corr�nissioner of Highways of the State of Minnesota to act as Agent on behalf of the City of St. Paul , a subdivision of the State of Minnesota, for the pur- pose of accepting Fede�al Aid on the City's behalf for road and bridge constructlon and tn contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or in part with Fede�al monies during the 1976 calenda� year, all in accordance with the terms and conditions set forth in an Agreanent between the City and the Commissioner, entitied "Minnesota Department of Highways Agency Contract Form No. 30774," a copy of which Agreanent ts 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 . m COU[VCILMEN Yeas Nays Requested by Department of: Christensen � Publ iC Works �cxx Hunt � In Favor Levine � Syl�vester A gainst BY t Daniel J. Du f , Directo �� RAH Pre� S�e t c 228 .�AM 8 �8� Form Approved by it Att ey Adopted ouncil: Date Ce ' ied Passed oun retar}f By l Approv y Mayor: Da N 1976 Approved y a�i yor . ubmi C il By �����+� JAN 1 71978 . .� - - ` MHD 30774 (Revised ii/75� , . � _ �s�f b1 MINN�SOTA DEPARTMENT OF HIGHWAYS . ' . ` AGENCY CONTRACT � l . . •-'..:\ .. . • . . J . ' This Agree�ent made and entered into by and between� the City . of Sa i nt P�u 1 here i natter reterred to as the "C i ty°' and the Con�nissione�- of Nighways of the State of Minnesota hereinafter referred � to as the "Commissioner", WITNESSETH: • • - WHEREAS, �ursuant to M.S. 161 .36 the Cifiy of Saint Paul desires the Commissic�ner to act as its agent tor the purposes of that statute in accepting feder�# aid on the clties behalf, for road and bridge . construction and In contracting for the construction, improvement or maintenance of roa�:� or bridges financed ei.ther in whole or pa rt` with federai moneys: and ' � � WHEREAS, �",S. l61 .3f, Subdivision 2, requires that the terms and �-conditian of the agancy be set forth tn an agreement: � � NOW, THEN, IT IS AGREED: � � _ I _ . 7hat pursuac►t to M.S. 161 .36, the City does hereby appoint fihe Caruni ss ioner i ts a�ent w i th respect to a i I fedbt-a I I y funded pro jects to be let during the 19 <7� caiendar year, to accept and receive aII Federai funds made available for said pro,jects and to let contracts pursuant to law • . for the constructicr� �nd tmprovement of City streets. Each pro;c�# to be covered by this agreement shali be programmed by the submission �o the Commissioner of a programming form together with a certtfied copy of }he resolution of the City Cauncil requesting the . Corrm i ss i oner to ob 1-a i n federa I appr�ova 1 for the pro ject(s) . • Page No. I . I ' : � • . . . . . , . . ' . ' I . . . � � �. 2sss�1 � � Each contr3ct wtll be in acco�dance with plans and speciai `provislons for said ;��-ojects on file in the Department of Highways, State Highway Building, ST, Paul , Minnesota 55155, and Mlnnesota Department of Highways, Standard S�ecffications for Highway Construction dated � . January i , 1972 and ali amendments thereof, which said p(ans, . special provisions a�?� specifications are made a part of this agreement by reference as though fuil.y se# forth herein. . In the le�`±ing of said contract, it is �hereby agreed that the foilowing procedure shail be foliowed, to-wit: �a) The �r+�IssiQner of.Highways shall cause the advertisements , calling for bids on �aid work to be pubiished in the Construction 8ulletin. He shalt aiso cause ;dvertisements for bids to be pubiished in the ofificialty designated newspapar° �f the City, which said locai newpaper is hereby designated by the City to be }�� _St Paul Legal Ledger (Saturday) published at Sa0 Robert St. , St. Paul . Said advei-tisement or call for bids . shait specify that saaled proposals or bids wilt be received by the City purchasing Agent ���q�k of . St. Paul on behalf ot the Commissioner of Highways �es agent of satd City. Proposais, pla�s and specifications shall be available for the inspect3on of prospective bidders at the office o# the Oepartment of Director of Public Works Hi ghways, St. Pau i , 'A i nnesata 55155, and at the off i ce ot sa i d�iCi�XX�X4��tb( � and the advertise��,=:^t shall so state. The bids received in respo�se to said advertisements for� �ids shall be opened for and on behaif of the Commissioner of Hlghways by a ��strict Engineer of the Department of Highways or such• other engineer of �!�e Department of Highways as may be from tTme fio time selected by the Cc�issioner. After sa[d bids shall have been opened, the . Page •No. 2 . . . � 2666d1 , City Councll of the City��ot St. Paul shail ficst . '�., consider fihe same and thereupon transmi# to the CorrnnissFoner of Highways all bids received together with its recomnendation that the lowest bid , ' submttted by a responsibie bidder be accepted or that alf bids be re,jected. � Upon receipt of all said btds, the Commissioner ot Highways shall duly cause ail of said 'uids to be tabulated in accordance with law �nd shail thereupon determine wha is the lowest responsible bidder or shatl reject all bids. (b) The Commissioner shail supervise and have charge ot the Construction of said proJects afte� the same has been let. The Clty agr�s to fu�nish Its City Engineer or such other competent regfstered engineer and assign him to the active supervlsion and dlrection of the work to be performed unde� any contract let for the aforesaid proJects. Sald engineer so assigned shall act under the supervision and direction of the Commissioner , of Highways. The City further agrees to furnish such other men, services, � suppiies and equipment as shatl be necessary ln order to properly supervtse and carry on said work. • (c) The Commtsstoner may make such changes in the ptans or the characte� of the work as shati be recanmended by the engineer in charge of the work. If he concurs in such recortpnendations, #he Cortmissioner may enter into tor and on behalf ot the City supplementai agreements with the contractor for the performance of any extra work or work occastoned by any necessary, advantageous, or desirable change in plans o� construction. : It is contemplated by the City that the Commissloner of Htghways canrat personally investigate and pass ,judgment on the varfous Items of � extra work and ptan changes necessary and desirable during the construction . � of the projects but that he must delegate such duties to engtneers under his 5u�s�v.Isio�i and corrirol rt�a-r ��a dnp..ioyed by if�e fleparfitnent of Htghweys. � Page No. 3 . v �• . . • � . � ' � .�. � . . �� . . ' . - �. .. �. - . . � � ������ . �� -- The City does hereby authorize these enginee�s, so delegated by the .� . ��. . Commissioner of H(ghways, acting under the generai supervision of the Commissioner of Highways to enter into for and on behalf of the City the supplemental agreements specified in the p�eceding paragraph hereof. � • Director of Public Works (d) The City hereby authorizes its OG�(��' for and on - behaif of �the City to, from time to time, during the progress of the work on said proJects, request the Commissioner ot Highways to furnish for use on said proJects specific engineering services to be perfornted by skilled employees of the Department of Highways. The Ccx�misstoner may but is �t obligated to furnish the services so requested. If fihe Commfssioner ot Highways in compliance with such request shail furnfsh for the use of the City on sald pro,jects the services ot any Minnesata Department ot Highways empioyee, then and in that event, the City agrees to reimburse the Trunk Hlghway Fund for the full cost and expense of the furntshing of such - services inciuding all costs and expenses of any kind or nature whatsoever arising out of, connected wtth, or incidental ta the furnishing of such services. . (e) The Commissioner shalt receive the funds to be paid 4y the City and the funds to be paid by the United States as Federai Aid funds, for said projects and to pay theref rom when due any and al1 sums that may become due the contractor to whom the contract is awarded, and upon final completion � and acceptance of the work, to pay fram satd funds the final estimate to said oontractor for said work. � (f) The Commissioner shall perform on behalf of the City ali other' acts. and-th 1 ngs _necessary to-cause_Sa i d;.,pro,�ec�t's to-be compl eted i n a � satistac�tory manner. , Page No. 4 � . _ � . . �sssol . : - (g) The CommiG�ioner may enter inio any agreement for and on ��� � . , \ beh�lf of fihe City with r:�a United 5tates ar any office� or agent thereot that may be requlred o►- n�cessary for the purpose of procuring and actualiy causfng to be paid fihe Fed�ral Atd funds available fo� satd proJects and to . - that end to btnd and commit the City in such agreement to the performance of - any and all thtngs requir� by any law of the United States or of any rule and regulation issued by �ompetent federal authority pertaining theret� necessary for the purpose of procuring and having paid the Federal-Atd available for said proJec�s, (h) The Corr�nissioner may perform on behaif of the City any o#her and f�rfiher acts as may �9 r►ecessary or required under any !aw of. the United States or of any rule or reguiatian tssued by proper federal authority tn order to cause said proj��ts to be completed and to obtain and receive the � Fede�ai-Aid made� availa�la therefor. . - 2 - . ' � The City agrees that if wilf from tima to time, after the execufiton of these presents to maka such �eports, keep such records and pertorm such . work in such manner and time as the Comr►issioner of Highways shall from time to time request and direc# so as to enable fihe Conmissivner as its agent to cotlect for it the Feder�l-Aid sought. Said records and repo�ts shall be retalned by the city in �;cordance with the Commissioner of Highways record retention schedule for '�==�e�al Aid proJects. • - 3 - ' It is contemp��Ted that -Fhe �ederal Government will pay to the Commtsslonsr of Nighway� 3s the agent of the City the Federal-Aid funds eva i 1 ab l e iv sa t-d Gi t•�- -�;>.�ard �the�-construction- of sa i d pro,jects. I t i s Page No. 5 . . � 2666p� further con#emptated that the cont�acts to be let by the Commisstoner as ` ` ��� the age�t of the Ctty for the constructlon of satd projects shal ! provide that the contractor, as the work progresses, shalt , #�'am time to time, be _ paid partial payments designated.. in said contract as partiat estimates and . ' on the c�mpletlon and acceptance of sald work to be paid a final payment designated in said contract as a final estimate for all work perforn�ed. The Clty agrees to depostt with the Commtssloner of Highways a sum equal to ninety t40) percent of the City share of each contract obligatton, to be used In paying the City share of the parttal estimates and for advancing the federal share of such estimate payments. Upon determtnation of the flnat costs on each contract, the City wil ! be requested to deposit the remaining share of their obiigation pursuant to the terms of the �ntracts let for and on behalt ot the City fior the const�uction of satd contracts. At regular monthly tntervals after the contractors shalt have started work under the contracts let by the Cvmnissioner as agent for the Ci#y. for the constructton of said pro,jecfis, tfie . engtneer duly assigned to and in charge of said work shall prepare a partia[ esttmate in accoc-dance with the terms of said contracts tet fo� said projects and �the procedures established by the Oftice of Contract Administration. •The satd engineer ln charge of sald work shall tmmedtately after prepartng � each partial estimate, transmit the same to the Commtssloner in quintuplicate. " Each such partial esttmate, shal ! be duly cer-tified by the engtneer In charge and by the contractor performtng such work. The s3id engineer duly asslgned to and in charge of said work shall also prepare and submtt to the Office of Contract Administratton the fTnal estimate data-, i�ogether with , � ' the requi�ed proJect records in accordance wtth the tern�s of said confiracts . let for sald projects. Quantii-tes listed on said partial and fina) estimates Page No. 6 , . 2ssso1 . _._ shali be docur+enTed in accordance with fihe gutdelines set forth in the .� . � applicable doc;::r�ntation manuai . in addition to said foregoing pa rtiai estimate payma��s the City agress to pay to the Commissioner that amount -- - - which wilt be sufficlent #ogether aith the Federal funds actua{ ly allowed and` received to pay fihe finai estimafie after the same has been prepared and _ submitted� to *ne Commissioner, approved by the Dtstrtct Engineer or his assistant. The toregoing provisions as to the time and amounfi� of particular payments shall in no way Itmit or qualify the City's obligation to pay all . of the cost ot �aid projects not paid by way of .federal tunds. _ 4 _ When #he contractor shall have completed the wo�k on said projects, the City agrees to inspect the same and forthwith upon the completion of � said inspectia;� advise the Comnissioner of Highways whether or not the work perfornied should be, by the Commissioner of Highways as its agent, accepted as being performed in a satisfactory manner. In the eve�t the City should, � after said inspactton, recomnend to the Commissioner of Highways that he � �hould not accept said work, then the Ctty shail at -the time such reoam�endation i s made spec i fy i n parti cu I ari ty the defects i n sa i d +�cork and the reasons why the work shouid not be accepted. ft is further agreed that any recommandatlons made by the City are not binding on the Commissioner of Highways bu� that he shall have the right to determtne whether o� not the work has :���n accepfiably pe�fornaed and to accept or. reject the work perfornied un��; any sa i d oon#ract. � � ' - 5 - It ts further agreed that the dectsion of the Commissloner of � Highways on t�� sever-al matte�s herein set fo�th shali be finat , binding � and Conc l us i v� -n the par�t i es hereto. . . Page No. 7 . 2666 � � - . 41 F�, , it is contemptated that the entire cost of said projects is to be paid from funds made available by the llnited States, by way of Federal-Aid, and by the City. 1f for any reason 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 fur#her agrees to pay any and ali claims or demands of any kind or nature whatsoever arising out of or inctdental to the performance of the work under any contract let for said proJects in the event that the Federai Government does not pay the same, and in ail events, agrees to save.,the State of Mlnnesota and the Carmissioner harmiess and to pay any and ali expenses artd costs connecfied with said proJec-hs or the con- struction thereof which the Federal Gvvernment does not pay. . - 7 - The City further agrees thafi . 1 ) Wfiere there is Federai-aid i.n ,riqht-ot-wav_ -- The City wiil � meet the. requirements contained in the Federal Aid Highway Program PAanual Volume 7. Note: If there is Federal-aid just in relocation, the cor�tract discussed in Chapter 5, Section 1, Paragraph I�, must be executed. 2) V�here there is Federal-aid' in construction only -- The City will meet the requirements of the Uniform Relocation Asststance and Real Property Acquisitions Policy Act of 1970 together with FHWA regulations implementing Titte I1 of the Act on relocation tFHPM Volume 7, Chapter 5); � and Federai Aid Highway Program Manual VoFume 7, Chapter I, Section 4, Paragraph SA pe�taining to civil rights. .. g _ _ The Commissioner accepts this said appotntment as agent of the - � City and agrees to act in accordance herewtth. Page No. .B . ' i . . .. . ' . . � � . . . . . . 2666� � l C,ITY OF SAINT PAUL . STATE OF MINNESOTA � By gy D rector o Pubi c Works ConmTssioner o Highways By RECOMMENDED FOR APPROVAL Mayor Approved as to Form: By State A d Eng neer '� By Date -Ass stant City Attorney App�cved as to Form and Executton: By _ • Dlrector o F�nance and . Management Services Date Page No. 9 ;� ,� � .a�.s 1��197� '� :- ��i� w' ♦ ta,j '� _ � ATI�i 0�'. 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