02-1208Council File # C'�, � �9aDY
RESOLUTION Green Sheet # 102833
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
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Committee: Date
Whereas, The State of Minnesota, Department of Transportation, contracted with the City of St. Paul, Public
Works to design and prepaze construction plans and specifications for the Arcade Street bridge No. 62062
(between Minnehaha Avenue and York Avenue); and
Whereas, The State reqaired additional design services from the City to resolve issues that azose during the
design process; and
Whereras, The State has drafted a Joint Powers Agreement between the State of Minnesota and the City of
Saint Paul, MNDOT Agreement No. 83149; and
Whereas, The State has agreed to compensate the City for these additional expenses in the amount of
$84,100; now therefore be it
Resolved, That we hereby authorize the proper City Officials to enter into a Joint Powers Agreement wiL`�
the State of Minnesota, MNDOT Agreement No. 83149
Requested by Department of:
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Adopted by Council: Date ��--- ��- �-no � Form Approved by City Attorney
Adoption Certified by Council Secretary
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Approved
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GREEN
ATfORNEY
MAYOR IOR ASSi5fANp
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inpl Resolution to author¢e Fhe proper City offiaals to enter into a JoiM Powers AqreemeM wah the S[ate of Mmnesota. MnIOOT
�ment No. 83149 for addih'onai design services by City staff for the Arcade Street Bridge No. 62062 (Trunk Highway 6'1 over the Union
fic RR). The Cily will be reimbursed $84,� 00 for this work
MMENDATIONS Appra/e LRJ u Rei�t (I� PERSON/LL SERVICE CONTRACTS MUST ANuryYHt THE FOLLON7NG QUESTIONS:
PIANNINGCOMMISSION �LSERVICECOMMISSION 1. hl�thlspefso(1lGlmevef�wlkedundEraWM1haLtfafih5depa�meld?
YES NO
de coMMmEE _ z. Fias mis pe(sonmrm e�rer been a c;tyernpbyeea
51'AFF _ YES NO
3. oces mis person/firtn possess a slan rrot'rormaHy w� bv an curre�H ciry empbyee?
ol5rttlCTCOUNGL _ �'ES NO
rorc �n�u�ru r�v �.m� n¢�rrnvco EXp12in all Y� a�sMefs On se{un[e sheet e1M 2Mach to gfeen Shcet
NIM77Nl5 PROBLEM, ISSUE, OPPOR7UNf1Y(WHO, WHAT, WHEN, WHERE, WFiV):
The State of Minnesota hired the Saint Paul Public Works Bddge Division to design and prepare final construciion documents
for the construction of the Arcade Street bridge over the Union Pacfic RR, Bridge No. 62062. The State required additional
work to the original agreement. The State drafted a Jant Powers Agreement to allow them to reimburse the City for this
addfional work. The Cily would be reimbursed $84,100.
The City may be reimbursed $84,10Q for work that has already been done by City staff.
RECEfVED
DISpDVANlAGES IF
None
DEG 16 2�02
CITY AT�ORNEY
JISADVAMAGE$ IF NOTAPPROVE6
The City wfll hsve to absoeb the costs out of its own furrds.
IOUNT OF TRANSACTION $ �if4,'I UU CA37/REVENUE BUDGETED (CIRCLE ON� �� NO
souscc� MM 7runk Highway ACi711fSY NUMBER C. � q` o? TJ bS �
INFORMATION. (IXPLAINj
Mn/DOT Agreement No. 83149
CFMS Contract No. A37361
STATE OF NIIl�i�`ESOTA
JQLnT POWERS AGREEDZE\�T
aa. _�'�oe`
Project Identification: Completion and revisions of fmal bridee and anproach roadwav plans for Brid¢e No 62062.
StateProjectNumber: 6221-62062 TrunkHlghwayNumber.
THIS AGREEMENT, which �vill be interpreted pursuant to the laws of the state of Minnesota, is by and betv✓een the
staze of Minnesota through its Commissioner of Transportation (hereinafter "State") and the City of Saint Paul through its
City Council (hereinafter "Govemmental UniY')
BACKGROUI�'D
State is empowered to enter into agreements pursuant to Minnesota Statutes Secrion 471.59, subdivision 10.
Under previous Joint Powers Agreement No. 78104 (now expired) Govemmental Unit was to provide preliminary and
final design services for Bridge No. 62062 and affected roadway approaches. Right-of-way, railroad permits, and other
unresolved issues resulted in postponement of the scheduled project letting. Consequently Governmental Unit suspended
work on plan production at the 85% complete status and was compensated accordingly. That agreement was allowed to
expire on March 31, ZOOO.With all issues now resolved Govemmental Unit will complete final plans for Bridge
62062.Governmental Unit represents that it is duly qualified and willing to perform the services required.
NOW, THEREFORE, it is ageed:
1. DIITIES OF GOVERNME\TAL U1VIT
Gocemmental Unit will:
Complete final bridge and roadway plans in conformance ���ith State's comments on partiatly complete plans
developed by Governmental Unit under previous agreement.
Complete final bridge and roadway plans in conforrrtance with information resolved since previous agreements
expiration and supplied by State.
Provide a Final Certified Plan for Bridge 62062 ready for advertisement.
See Exhibit A entitled "Detailed Scope of Work and Deliverables" which is attached and incorporated into this
A�reement for additional infornaation.
II. AL'TIES O�' STATE
State will:
Provide redlined correcrions of 85% complete plan developed by Govemmental Unit under previous Agreement
No. 78104.
Revlew Governmental UniYs plans and make comments for incorporation into Final Certified plan set.
See Bxhibit A entitled "Detailed Scope of Work and Deliverables" for additional information
III. CO�SIDERATION Al��D TERMS OF PAYMENT
A. Consideration
All services performed and goods or materials supplied pursuant to this Agreement will be paid as
follows:
1. A lump sum amount of $84,100.00 upon receipt and acceptance of the Final Certified Plan Set by
State's Authorized Kepresentative.
Z. The total obligation of State for all compensation and reimbursements to Govemmental Unit will not
exceed the Total Contract Amount of $ 84,100.00.
Page I of 3
Mrv'DOT Agreement No. 8� 1 G9
O�, \i08'
B. Terms of Pa�ment. Payment 4vitt be made by State promptly after Govemmental Unit's presentation oi
invoices for sertiices performed and acceptance of such services by State's Authorized Representative
pursuant to Article VII. Invoices shall be submitted in a form prescribed by State and accordmg to the
following schedule:
Govemmental Unit will invoice at complerion of Final Certified Plans and will use the format set forth in
Exhibit B enritled "Invoice" which is attached and incorporated into this Agreement when submittine
3nvoice.
IV. CO\DITIONS OF PAI'btENi' All services provided by Govemmental Unit pursuant to this Agreement will be
perfonned to the satisfaction of State, as determined at the sole discretion of State s Authorized Representative,
and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations.
Govemmental tinit will not receive payment for work found by State to be unsarisfactory, or performed in
violation of federal, state, or locai law, ordinance, rule or regulation.
V. TER�'I OR AGREEMENT This Ao eement will be effective on May 1, 2001, and will remain in effect until
August 30, 2002, or untll all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever
occurs first.
VI. CAl\CELLATION
A. This Ageement may be canceled by State at any time, with or without cause, upon 30 days' written
notice to Govemmental Unit In the event of such a cancellation Govemmental Unit will be entitled to
payment, determined on a pro rata basis, for work or services satisfactorily performed.
B. In the event State cannot or does not obtain funding from the Minnesota Legislature, or funding cannot be
continued at a level sufficient to allow, for the purchasing of the services and/or goods contained herein,
this Contract may be immediately canceled, at State's option, by written notice of cancellation delivered
in person, by mail, or via facsimile to Govemmental Unit at the address specified in this Contract. State
will not be obligated to pay for any services ancUor goods provided by Govemmental Unit afrer such
notice of cancellation.
Vli. AUTHORIZED REPRESEl�TTATIVE State's Authorized Representative and Project Manager for the purposes
of administration of this Agreement is Robert J. Miller, Bridge Agreement Engineer, 3485 Hadley Avenue,
Oakdale Minnesota, Telephone (651) 747-2105. Govemmental Unit's Authorized Representative for the
purposes of administration of this Agreement is Kevin Nelson, Bridge Engineer, Bridge Engineering, Public
Works Departrnent, Saint Paul Minnesota, Telephone (651) 266-6181. State's Authorized Representative will
have final authority for acceptance of Govemmental UniYs services. If such sen�ces are accepted as satisfacto,ry,
State's Authorized Representative wili so certify on each invoice submitted pursuant to Article III., paragraph B.
VIII. ASSIGNI4ENT Govemmental Unit will neither assign nor transfer any rights or obligations under this
Ad eement w3thout prior written approval of State.
IX. LTABILITY Governmental Unit will indemnify, save, and hold State, its agents, and employees harmless from
any and all claims or causes of action arising from the performance of this Agreement by Govemmental Unit , or
Govemmental UniY s agents or employees. This clause will not be constzued to bar any lenal remedies
Govemmentat Unit may have for State's faiture to fulfill its obhgations pursuant _o this A�reement. State's
liability «�ill bz govemed by Minnesota Statutes Section 3,736, and other applicaole law.
X. A_14E\'DME\TS Any amendments to this Ageement will be in ��iting, and �a i:l be execu±ed by the same
parties �.ho executed the original Ab eement, or their successors on office_
Pa�e 2 of 3
MnJDOT Agreement No. 83149
ci-�aor
XI. DATA PRACTICES A1�iD OVVNERSEiIP OF �1ATERIALS A1\D I:n'TELLECTUAL PROPERTY
A. Govemmental Unit will comply with the Minnesota Govemmental Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to all data provided by State in accordance with this Agreement and as it
applies to al] daia created, gatheted, generated, or acquired in accordance with this Agreement.
B. Upon payment in full for the applicable materials, State will own all rights, including all intelIectuaI
property rights, in all original materials, including any inventions, reports, studies, designs, dra�i�ings,
specifications, notes, documents, softwaze and documentation, computer based �aining modules,
electronically or maenetically recorded material, and other work in whatever form developed or created
by Govemmental Unit, and its employees individually or jointly with others, or any subcontractor in the
performance of its obligations under the Agreement.
YII. STATE ATJDITS Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents,
and accounting procedures and practices of Govemmental Unit relevant to this Agreement will be subject to
examination by the Minnesota Department of Transportation Auditor, the State Auditor, or the Legislative
Auditor, as appropriate, foz a minimum of six years.
:S:III. WORKER'S COMPENSATION In accordance with the Minnesota Statutes Section 176.182, Govemmental
Unit will provide acceptable evidence of compliance with the workers' compensation insurance coverage
requirement of Minnesota Statutes Section 176.181, subdivision 2, prior to commencement of any duties to be
performed under this Agreement.
XIV. PUBLICITY Any publicity given to the program, publications, or services provide resulting from this
Agreement, including, but not limited to, notices, informationat pamphlets, press releases, research, reports, signs,
and similar public notices prepared by or for Govemmental Unit or its employees individually or jointly with
others, or any subcontractors will identify State as the sponsoring agency and will not be released, unless such
release is a specific part of an approved work plan inciuded in this Agreement prior to its approval by the
Commissioner of Transportation.
The Balance of this Page is Intentionally Left Blank.
Page 3 of 3
Mn/DOT Agreement No. $3149
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been
encumbered as required by Minn. Stat.§§'
16A.1 S and 16C.05.
Signed:
Date:
CFMS Contract No. A-37361
STATE AGENCY
By: _
Title:
Date:
(with delegated authoriry)
COMMISSIONER OF ADMINISTKATION
As delegated to
Materials Management Division
I:
Date:
ATTORNEY GENERAL
As to form and execution
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Date:
GOVERNMENTALUNIT �'�'����
The City of St. Paul
Govemmental Unit certifies that the appropriate
person(s) have executed the contract on behalf
of the Governmental Unit as required by
applicable articles, bylaws, resolutions, or
ordinances.
B : ������-
Y
Robert Sandquist, Director of Public Works
Date:
By: d.fG/�,'v tY') � ��
Lisa Veith, Assistant City Attorney
Date: � � a
By: �,s1��:�'F�, ���;� ' �
Matt Smith, Director of Finance �� �
(
Date:
�
Datf
INLCUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
Page 1 of 1
Agreement No. 83149
"EXHfBiT A"
DETAILED SCOPE OF WORK AND DELIVERABLES .
WORK DESCRIPTION
Govemmental Unit will Complete Final Certified Bridge Construction Plans for Bridge No. 62062 and Final
Certified Roadway Approach Construction Plans in accordance with the following.
Section 9. - Defai(ed Proiecf Tasks by Governmenfa/ Unif
Task -1 Final Certified Bridge Construction Plan
The Governmental Unit will complete Final Certified Bridge Construction Plans in accordance with
the following.
A. Finai Review Plan and Finaf Certified Bridge Plan content
1. "General Plan and Elevation" sheet(s) showing general dimensions of the structure,
elevations (including high and low water elevations for bridges over waterways), ciearances,
architectural features, basic design data used in the preparation of the pfans, a typical cross-
section of the proposed superstructure, sheet index, constcuction notes, and schedule of
quantities for the entire bridge.
2. "Bridge LayouY' sheet(s) on which is shown by line diagram and tabulation the principal
dimensions to working points together with any corner views, sections, and notations needed
to cfa{ify the working point locations. The layout sheet wil! also indicate a"contro4 point" and
a reference line from which to start the field layout of the bridge substructure units. The
layout sheet will contain ali peRinent information needed to stake and check all working point
locations in the field. Generally, three working points will be shown for each substructure unit
designated either by {etter or numeral.
3. Detail plans for each substructure unit and for the superstructure will inciude complete
reinforcement bar bending details and bar lists as well as tabulations of quantities of items of
construction work. Detailed substructures and superstructure plans will be tied in and
referenced to the working points.
4. Survey sheets developed by the State during preliminary bridge plan preparation will be
compieted as follows: 1) Detaii a sectional plan layout and centerline sectional elevation of
the proposed substructure with each unit ideniified; 2) When test piles are to be used, they
will be numbered and shown in proper plan locatian and also shown to proper batter and
length in the sectional elevation view.
Task - 2 Final Certified Roadway Approach Construcfion Pian
Govesnmenta4 Unit wiil Qrepare Final Certified Roadway Approach Construction Plans to include
the following:
A. Incorporation of red-lined comments provided by State to 85% plan developed by
Governmental Unit under previous agreement No. 78104.
B. Final Certified Bridge Approach Construction plans to include the following;
1. Utility tabulation and plan/proflle plan sheets(s)
2. Watermain relocation plan sheet(s)
3. Temporary and permanent erosion controf plan sheet(s)
4. Traffic controi plan, bikeway detour plan, and temporary bike path plan sheet(s)
5. 3M property restoration plan sheet(s)
6. Railroad Bridge Packets (for railroad agreement approval process in English units).
Page 1 of 3
Agreement No. 83149
"EXHIBIT A"
DETAILED SCOPE OE WORK AND DELIVERABLES �a���.ag�
5ecfion 2. — Deliverab/es and Submitta(
A. Ali p{an submitta!'s sha14 be on 11" x 17" 20 Ib white bond paper or approved eq�ivalent. Plan
sheets shall be prepared in accordance w+th fhe Minnesota Department of Transportation's
(MnlDOT) Bridge Design, Bridge Details, Roadway Design, Drainage, and Standard Plans
manuals.
B. Plan sheets will be produced using Microstation Computer Aided Drafting (CAD).
C. Review Submittais
1. The Governmental Unit shail furnish for State's review two sets of 11" x 17" prints of the
Final Review Plans(Bridge and Roadway) along with any computations made for their
preparation thai may assist Staie in iis review. lf Siate determines that major revisions
are necessary the Governmentai Unit shall prepare and furnish a revised set of Final
fteview Plans.
2. State will return to Govemmental Unit a copy of the checked Fina4 Review Plans
containing red4ined notations and corrections.
D. Final Deliverables
1. The Governmental Unit shali furnish to the State an electronic file of the Final Certified
Bridge and Approach Roadway Construction plan delivered in Microstation SE or higher
format.
2. One hard copy of Final Certified Bridge and Approach Roadway Construction Pian
Preliminary Plan (ready for signatures).
One bound hard copy set each of final design and quantity calculations.
Section 3. - Desiq� Sfandards (Sridqe OnIV)
A. All designs for highway bridges will conform to the requirements of the current American
Association of State Highway and Transportation Officials (AASHTO) "Standard Specifications for
Highway Bridges", Mn/DOT's "Bridge Design Manual", and Mn/DOT's approved Bridge
Preliminary Plan.
B. All designs for raifroad bridges wil! conform to requirements of the current American Railway
Engineering Association (AREA) design criteria and Mn/D07's approved Bridge Preliminary Plan.
The affected railway company wili approve details and Ioadings used.
C. If the bridge project is part of a Federal Aid Highway, design will be in accordance with applicable
provisions of the Federal Highway Administration, Federal-Aid Highway Program Manuals,
Volume 6, Chapter 2, Section 1, Subsection 1, "Design Standards for Federal-Aid Projects", and
Volume 6, Chapter 3, Section 2, Subsection 4, "Policy on Interstate System Projects".
D. Construction requirements of Mn1DOT's current Standard Specifications for Highway
Construction and any suppfements thereto on file in the Office of the Commissioner of
Transporfation will be incorporated into the plans.
E. Current standard details and plans for various bridge components as illustrated in Mn/DOT's
"Bridge Details Manuai" will be incorporated into the detail plans whenever applicable.
Microstation fiies are available on the Mn/DOT Bridge Office Home Page
www.dot.state.mn.us/bridge. It is Governmental Unit's responsibility to modify these details
when necessary for conformance with their design.
Current design instructions given in State's'Bridge Design Manual" are to be considered as
design standards and applicable to the preparation of detail plans.
Page 2 of 3
�
MnfDOT Agreement No. 83149
CFMS Contract No. A37361
a1,•1?0�
Exhibit B Invoice
To: Consultant Services
Minnesota Department of Transportation
Transportation Building, Mail Stop 680
3951ohn Ireland Boulevard, St. Paul, MN 55155
Copy: Robert J. Miller
Minnesota Deparhnent of Transportation
3485 Hadley Avenue North
Oakdale, MN 55128-3307
Estimated Complefion: %
(fi-an Column 6 Progress Reporl)
Period Ending:
Invoice Date:
INVOICE NO. 1
Re: Mn/DOT Agreement No.: 83149 Project Description: Completion and revisions of final brid�e and
ap�roach roadwav plans for Bridge No 62062 State Project Number: 6221-62062
Tmnk Highway: bl Contract Expiration Date: Auaust 30,2002
Total Total Amount Billed
Cantract Billing Previously This
Amount to Date Billed Tnvoice
1. Lump Sum Amount: $84,100.00
Net Eamings Totals: �84,100.00
Total Amount Due This Tnvoice:
For State Use Only
I certify that the above statement is conect and
payment has not been received.
Signature:
Print Name:
Tide:
Billing Address:
Telephone:
Approved for Payment:
Date
Page I of I
Rev. 2/01