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�
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MINN�SOTA DEPARTMENT OF HIGHWAYS . '
. ` AGENCY CONTRACT �
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' 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 .
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� 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 .
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, City Councll of the City��ot St. Paul shail ficst
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'�., 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 .
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�� -- The City does hereby authorize these enginee�s, so delegated by the
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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 �
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- (g) The CommiG�ioner may enter inio any agreement for and on
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\ 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
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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
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_._ shali be docur+enTed in accordance with fihe gutdelines set forth in the
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� 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
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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.
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The Commissioner accepts this said appotntment as agent of the - �
City and agrees to act in accordance herewtth.
Page No. .B .
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� 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
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