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261251 WH176 - CITY CLERK -F����� �P��� - FINANCE GITY OF SAINT PAUL Council � CANARY -DEPARTMENT BLUE -MAYOR File NO. Council Resolution Presented By Referred To Committee: Date � Out of Committee By Date RESOLVED, That pursuant to the authority contained in Mi�nesota Statutes, Section 161 .36, the Council of the City of Saint Paul dces hereby designate the Commtssioner of Highways of the State of Minnesota to act as agent on behalf of the City of Saint Paul , a subdivision of the State of Minnesota, for the purpose of receiving Federal Aid Funds for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with fede�al moneys, during the 1973 calenda� year, all in accordance with the terms and conditions set forth in the Agreement between the City of Saint Paul and the Commissioner, a copy of which Agreement is attached hereto. ck COUIVCILMEN Requested by Department of: Yeas �—" Nays Pub 1 i c Works Konopatzki In Favor Levine /� ' / . Meredith V Against BY � � �edl,er Daniel J. u ord, Dir tor (DOL Mme.President � I�qm't �qy 1 1 �73 Form Approved y ity Attorney Adopted by Council: ' Date Certi ed ed by Co 1 ry BY By Approv Ma Date � Approve by Ma � ubmiss' n to cil • . � _ By BY PVBUSHED MAY 191973 • ., � , ���� %�� 3�7?�+ (2/73) ��� , . STAT� 0� MITINESOTA � ._ l�ART.'�.�iT QF HZGHWAYS A�ENCY COS�RACT This agree�ent +�a.de and entered into by and between the �f�YY���f- City of Saint Paui hereinafter rePerx^ed to as the "City"and the Commissioner of Hig:aways o� the 3tate aP Minnesota, hereinafter reYerred to as the "Commissioner"; WITI�SSETH; WIiF�EAS= pursuant to M.�. 161.36 the City desires the Cammissioner to ect as its a�en� ��r �he purposes o� that statute 3n accep•�ing federal sid on the Ci�j's behal.�� �or r�ad and bridge construction aad in contracting �ar the constructifln� improvement or maintenance of roads ur brid.�es �insnced either in whole or part with �ederal moneys: a�d WF�RE'�1�5, M.S. 161.36, subdivisi�n 2, requires that the terms and c�nditions a�' the agenqr be eet �`orth in an agreement: NOW� THEN� IT I3 AGR�ED: - Z - That pursuant ta Mo5. 161.36, the City does hereby appoint the Comm{sairaner its a�ent with re spect to all federally ftznded projects to be let during the 19 73 calendar year, to accept and receive all rederal �unds m�de R,rc.il.abl4;for said pro�ects and to let contrs.ets pursuant to ]�w Por the construction and improvements of Municipal Streets, wl.thin the City. F�a.ch pro�ec� to �e covered by this agreement shall be pr�grammed by the subaission to the Comm3.ssJarier of' � �rogx�mming ��rm together w�th a cexti�ied copy af' the resolution of the 7����/City Council. reqwestin� the Co�miasioner to obt,ain federal ag�rovel ��r the prfl3ect(s). Page 1 1�D 3�T7� (2/73) Egch contra.ct shall be in accordance with plans and special provisions for said pro�ects an Yile in the IJepartment of Highways, State Highway Building� St. Pa.ul' Minnesota 55155, and Minnes�ta Department oP Highways, Standexd Specifications for Highway Construction, dated Janua ry 1 , 1972 and all amendcnents thereof, which said plans, special prflvisions and specif'ications are made a part of this agreement by reference as though �ully set forth hereia. In the letting of' said contra.cts, it is hereby agreed that the following procedure ehali be Pollowed; to wit: The C�issioner sY�all cause the advertisements calling for bids on said w�ork to be published in the Canstruction Bulletin. He shall also cause advertisements for bids ta be published in the oPPicial7y designated newspaper o� the City. Said advertisement or call far bids shall specify that sealed proposals or bids will be received by the City's Purchasing Agent QX�7c'b{ on behalY �P the Commissioner as agent o�' said City. Pirop�sals, plans and special provisi�ns shall be available �ar the inspection �f prospective bidders at the of'f'ice of the Depertment o� Highways, State Highw�y Building,, St. Paul, Minneeota. 5515�, and at the office �f the Director of Public Works �i���f/��i��1��� �or said City and the advertisement aY�a1.1 so state. The bids received in response to said advertisement for bids shall be opened for an on behalf of the Cammissioner by a District Ehgineer of the Department o� Highways or such other engineer of the Department o� Highways as may be f�an time to time selected by the Commissioner. After said bids ahall have been �pened, the wi�YY.�(g��/City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together wlth its recommendation either that the low�est bid submitted for said pro�ect(s) by e, xesponsible bidder be accepted or that all bids an said pro�ect(s) be re�ectede . Page 2 � r�n 3077� (2/73) Upon receipt vf all said bids, the Commissioner $hall duly cause ell o� said bids to be tabulated in accordance tn.th laW and shall . thereupon deternine Who is the lo�nest responsible bidder on eech pr��ect and shall oa each pro�ect either s�aard the contract to said lowest responsible bidder or shall re�ect aIl hids. The Corst.missioner shall supervise and have char�e a� the canstructi�n o� said pro�ects aPter the same have been let. The City agrees to furnish ��fjs�t��t #�t� Qt�y j�d,�,i�i��� �d,t such � rampetent engineer as may be selected by its Director of Public Works and approved / by the Com�issioner and assign him t� the active s4-gervision and direction oY the laork to be perPorned under at�y contract let Yor the af�resaid pro3ect(s�. Said engineer sa assigned shall act under the sapernisioa and 8irection a� the Commissioner. The City Yurther a�;ress to Purnish such ot�er and further men, serv3.ces, stzpplies, and equipnent as shall ° . : be necessary ia order to properly supervise and carry on said �rork. 'Ihe Commissioner may make such changes in plans or the character of the work as shall be recommended by thc engineer in c2iarge o� the work, if he concurs in such recommendati�ns, �r as shall in the Commissioner`s � �udgement be reasonably necessary to cause said pro�ects t� be completed � in a satis�act�ry manner and to that end as supple�ental t� ar�r contract let for the construction of said projects, ta enter into �or end on behalY oP the City ar�y supplemental agree�ent with the contractars Por the perfor^��aee oP ar�,y extra wark or work occasioned by any necessary� advantageous� or desirable change in pl.ans. • -It is contemplated by the partiea that the Comcaissioner cannot personally investigate and pass on the v8rious and se4eral items af extra work or changes of plan necessary and desirable during the construction oY the aforesaid pro�ects but that he must in turn delegate such dutiss PaBe 3 , . � 3077� (2/73) to some engineer under his dire�ction, supervision and control empZoyed by the Department of Highways. The City d�es hereby auth�rize either the Contract Adminiatratian gigineer �r the Office L"ngineer of the Departinent oP Highwsys, sating under the general supervisi�n of the Commissioner Yor and on its behal.�,to deter.ni.ne and pass an the various and several items of extra taork or changes of plsn necessary or desir�ble during the construction o� the afaresaid pro�ects and does hereby authorize either said Contract Administration Engineer or tlze Office Engineer to enter into, for�d on beha7.� of the City, the supplemental sgreements speci�ied in the preceding paragraph hereoY. " The Commissioner shall receive the f'unds to be pa.id by the City and the Yunds to be paid by the Uhited States as Federal-Aid for said pro�ects and to pay thereY'rom when due, at�y and all suns that m�y become du,e the contractors to whom the contracts are awarded, and upon Pinal completian and acceptance of the work, t� pay frora said �unds the i'�.nal estimate to said contractors Par said work. The Commissioner sha]1 perPorm on behal� o� the City all other acts and things necessary to cause said pro�ects to be coaipleted in a satisYactory �anner. The Gommissioner may enter into any e.greement Yor and fla behal.� oP the City with the United States or any of'�icer or agent thereof that m�y be required or necessary for the purpose of procuring and actually causing to be paid the Fedei�].-Aid avai]able for ssaid gro,jects and to that end to bind and commit the City in such agreement ta the performance of az�}r kind, and al.l things required by any l.aw of the United States or o� ar�y rules ox regulstions issued by competent federal authority Pa�e 4 i�iD 3077� (2/73) pertaining thereto, necessary Por the purpose of pr�cuz�ing and having paid the Federal-Aid available �'ar said pro,�ects. The Commissi�ner �ay perPorm on behalf' �� the City aRy other and PwrEb,er acts as msy be necessary ar required under a�y law af the United States or oY an3r rule or regulation issued by proper Yederal suthori4,� in order to cause said pro�jects to be completed a.nd to obtain and receive the Fedexal-Aid made availab].e therefor. - 2 - The City agrees that it will fr�m time to time after the executi�a o� �hese presents make such reports, keep such records and perfor� such �ork in such manner and time as the Commissioner shall from tia�e ta time requ�est and direct, so as to enable the Commissianer as its a�ent to callecv for it, the Federal-Aid sought. Director of Public Works, The Cit�r hereby authorizes its �C�!#,�r ��;�,� �or and on behalf o� the City� to, from time ta time dur�ng the progress o� the work on said pra,jects, request the Commissiflner to furnish f�r use on said pro�ects specific engineering services to be perf�r�tted by skilled e�ployees o� the Department �P Highways. The Commissioner mqy but is not obli�ated to fuxnish the services so requested. � the Co�missi�ner,in compliance wtth such request, shall furnish far the use of tltie City on said pro�ects tYLe eervices of' any Minnesota Department of Highways employee, then and in that event the City agrees to reimbzarse the Trunk Iiighw�y Funds �or the full cost and expense of the f'ux•uishing of such services inclu3ing all costs and ezpenses o� ar�y kind flr nature whateoever arising aut o�', connected with, or incidenta.l to the Purnishing of such services. - 3 - It is contemplated that the Federal Government will pay to the Commissioner as the agent of the City, the �'ederal-Aid avail.able Page 5 . , �D 3�'�7� (2/73) to said City toNard the construction �f' said pro�jects. It is �itrther contemp2ated that the con�xacts to be let by the Commi.ssi�ner as the agent oP the City for the construction of said pr�3ects shall provide that the c�ntractors, as the work pr�g•resses, shall fro� ti�e to time be paid partial psyments designated in said contracts as partial estimates and on the com,pletion and acceptance of said work be pa�id a �inal payment � designated in said contracts as �inal estimate for all w�rk per�arr�ed. The City agrees to pay at the time hereina�'ter provided to the Commissioner that amount of maney which to�ether with the Federal-Aid received by the Com:nissioner Prom time to time an behal.P af the City will be sufficient �o enable the Commissioner as the agent of the City to pay to the Contractors the severa.l partial payraents (partial esti�ates) and tYie �'inal payment (Yinal estimate) as the same shall become due the cflntractors pursuant to the terms o� the contracts let �or and on behal.� oP the City for the conatruction o�? said pro�ecta. The �mounts so to be paid by the City necessary to pay the said several partial p�yments (partial esti�nates) and the said final payaient (final estima.te) shall be accomplished in the �'o2lowing manner: The Cammissioner as agent for �the City will immediate7,y upon award o� said contracts release from the Municipal State-Aid Street Funds held to the credit of the City an amount equal to ninety percent (90�) oP the City's share o� these contract obligations. The parties hsving in mind that the several partial estimates and the final estimate should each be promptly paid when due, the City agrees to deposit and Director of Finance and Management Services the City's�f����if��f is her�by a�ithoi�I.zed and clirec�ed, immzdiately upon Directo� of receipt o� said Municipal State-Aid Street Funds by the City��'���y��� Finance and Management Services / to deposit with the Commissior.er as the City's agent the full amount oP said P�unicipal State-Aid so released for the use o� the Commissioner Page 6 �D 30774 (2/73) in paying the City's share and advancing the Federal share flf the partial estimates as they become due to the contractor(s). Hawever, if the pro�ect is not on a Municipal State Aid Street, the city shall make available Yrom City Funds ari amount equsl to ninety percent (90�) o� the Cityts share o� these contract obligations. � The City directs that said fu.nds so deposited with the Ca�m�,ssioner shall be paid into an Agency Fund and credited to the City's ace�unt therein and agrees that Punds so depasited may be cou�.mingled with depssited Yunds flY other Cities simil��� pa,j,d inta said agency account and �'urther tha� the whole of said �unds in said Agency F�una, or such parts ther��f as the Commissioner determines, may be used in paying ar�y part or aII of ar�y City's ahare in advancin� the Federal share of said estimates. h It is further agreed that wit hin one month after the cantractors sha].1 have started work on said pro�ects under the co�trects let by the Commissioner as agent for the City and at thirty (3�) day intervals therea.fter, the engineer du7,y assigned to and in char�e o� said wark s3�a11 prepare partial estimates in accorda,nce �ai,th the terms o� said contracts. �he engineer shall prepare partial estimate accomplishment data in accordance �rith the terms of said cantract and the procedure established by the � Off'ice of Contract Administration. The engineer shall also prepare snd submit to the O�fice o�' Contract Administration the final estimate d,ata, together with the required pro�ect records. Upon receipt of the final estimatey the Commissioner shall release Pron the Muriici�l Sta:te-Aid Street Funds held to the credit �f the City a sum of money Which, in addition to any monies remaining on deposit for the paxticular contr�ct in the Agency Fund and in addition to any Federal-Aid actually all�wed and received for said contract, will bs sufficient to pay said final Page 7 . � , 1�ID 3�77�+ �2/73) estimate. The City, upon receipt of said monies so release3 agrees to Director of Finance and Manag�ment deposit and hereby authoMzes and directs the City's�ls�al��f to deposit ervice� an amount� equal to the monies so released, �ith the Commiasioner to be used by the Commissioner t� pay said final esti.�ste. The City further its sgrees that whenever the State-Aid Canstruction Fundsheld ta f���'f credit are not suYPicient t� c�ver �he City's obligation as set Porth herein on ar�r Federal-Aid contxact, then and in that �ytqntthe City will cause Local Funds to be used to make up the deficit and will deposit �rith the Commissioner, at his request, a sum o� money sufPicient to pay the re�af.n3ng costs o�' said pro�ecta. The foregoing especially and specifically determining the time and amounts o�' particular pey�nent shall in n� way limit or qua?.iPy the City's obligation to pay all oY the cost flP said pra�ects not paid by wey o� Federal-Aid. - - �+ - When the contractor shall have completed the work on each said pro�ect, the City agrees to inspect the same� and Yorthwith upon the completion of said inspection advise the Cammissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisYactory c�anner. Txi the event the City should, a�`ter said inspec�ion, recomm,end to the Commiseioner that he should not accept said wark, then the City shall at the time such recommendation is made specif'y in particu].sr3.ty the de�ecta in said work and the reasons why the work shall be not accepted. It is f'urther agreed that any recommendatiflns made by the City are not binding on the Commissioner but thst he shall have the right to detezmine whether or not the work has been acceptably per�ormed and to accept or re�ect the work performed under ar�y Eaid contract. _ 5 _ It is further agreed that the decision of the Gb�missioner Pa�e 8 , MNO 30774 (2/73) on the several matters he�ein set forth ta be by him determined shali be final , binding and conciusive on the parties hereto. - 6 - It is contemplated that the e�tire cost of said projects is to be paid from .funds made availabie by the United States, by way of Federal-Aid, and by tfie City. If for any reason the United States fails to pay any part af the cost or e�cpense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and ali claims 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 event that the Federal Government does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmiess and to pay any and all expenses and costs connected with said p�ojects or the construction thereof which the Federal Government does not pay. _ � _ � . That the Camnissioner accepts this said appointment as age�t of the City and agrees to act in atcordance herewith. Recarrnended for Appr val : CITY OF SA1NT PAUL . � D i rector of b 1 i c Work • Mayor Lawrence D. Cohen Approved t Eorm• Assista�t C ty tto e Director of Finance � Management Services Reca�xnen d fo pproval : STATE OF MINNESOTA By State Aid Engineer Date Commissioner of Highways Date Approved as to Form & Execution: Special Assistant Attorney General Date Page 9 ,