259529 ORI JIAAL TO CITY CL6RK 259�29
` �, CITY OF ST. PAUL �o�Nca NO.
OFFICE OF THE CITY CLERK
. COU CIL RESOLUTION—GENERAL FORM
PRESENTED!Y �/'�
COMMISSIONE / ATF
WHEREAS, Bids have been received and opened for the widening, grad-
ing and bridges of MARYLAND AVENUE-Jackson St. to I .S. 35E, City Project
No. P-0526A, all in accordance with the terms and conditions of the Agency
Agreement between the City of St. Paul and the Commissioner of Highways of
the State of Minnesota (a copy of which Agreement is attached hereto for
reference purposes only) ; and
WHEREAS, The Department of Public 4lorks of the City of St. Paul has
duly considered said bids, and has determined that the lowest bid was
submitted by a responsible bidder and, further, recommends acceptance of
n� said bid; now therefore be it
���
RESOLVED, That the Council of the City of St. Paul does hereby recom,
mend to the Commissioner of Highways that said lowest bid, being the sum
of $602,g01 .68, as submitted by the Lunda Construction Company, Box 153,
Black River Falls, Wisconsin, being a responsible bidder, be accepted for
the construction of said Project No. P-0526A; and be it further
RESOLVED, That all bids received and duly opened for said Project be
transmitted from the City of St. Paul to said Commissioner of highways
for tabulation and final determination of the lowest responsible bidder.
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a►us a 3 �72
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays
ut� AUG 2 4 1972
C son H u nt pP��e 19—
vi Konopatzki
Levine n Favor
eredi �q�redith �,�ar
Sprafka Sprafl<a �/ Against
Tedesco Tedesco
r. President, McCa Mme. President, B�tfe1` pUBLISHED AUG 2 6 1972
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� Form 30747 (5-70) ,����� -.__.T_._._ __.._. .,. s ,�..,
r1�;YLcfTletl� i:,_'. .?�..3.5
- � TOPICS _'RCGP.AI1 � �
P�INidESOTA Di.PART't�I�NT Oi� H:IGI�'AYS • E S. P. 1`��. L �- Cd D-id�'
AGENCY COI�ITRA.CT FORI-1 NO. V � -.--- . _..._ _ .. .
, r-------- _____�_.... _ d. . .
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This Aereement made and entered into by and batween the �ity �_ �- g' 7'L
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�_�w_.�.____... . _ . _. ,
��of �t• Pa� hereinafter referred to as the "City"�
�.� and ��Y ��PP��a�'d , Coffinissioner of High��ays of the State
of MinnesoC.a, hereinafter referred to as the "Comcnissioner", T:ITNESSETH:
I7HEREAS, plans and specificat3.ons have been prepared for the improve-
ment of portions of •City 5treets-���iC3� in the City of St. Paul
, which said plans and specifications will be on fila in the
Department of Hi�h�-�ays, St. Paul, Minnesota 55101, and are knoom and desx�nated
in the records and files in the Department oi �Tlgh�•aays as Traffic Operations
� Pro�r.�n to Improve Capacity and Safety, and
��HEP.3AS, F�deraZ-�id Funds (Topics) have been made available by Che
federal goverrrment for the i.mprovement of portions of said CiCy Streets-t;oun�y
Roads shocm in said plans, and
t?HEREAS, the Commissioner of Public Roads, actin� through appropriate
agents and departments, has approved said plans and specifications and has
caused to be set up and designated as Federal-A�.d Frojects, the constructian of
said projects, in accord�nce with said plans and specifications.
NOLI, THEN, IT IS AGREED: .
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That pursuant to Section 161.36, Subdivision 1 through 6, Idinnesota
1969
Statutes , the City �� of _�,,t. v�ti,l does hereby appoint
the Commissioner its agent:
(a) To accept and receive all rederal Funds made available for said
Federal-Ai.d Projects. �
(b) Ta contract pursuant to law for the improvemene of portions of
said City Streets�c���}{��c���.n the City���{�of St. Paul .
Page No. 1
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Form 30747 (5-70)
• Courity StatE�-Ai.d :�ii�,n��y I�o. 31��� wt�y�r�.�d ,Avenue �rQm 190 feet F,�st
City S treet'`ia$t��(tX�(�X1��[� �
ot Jar.kson to Trunk HiQhwsy 35 E in St. pa,x], and identified in
the records of ehe Department af Highways as � S•P• 6¢-020-1F3
and in the records o� the Bureau of Public Roads as �'�' �S T-R'G jCO2�003} "
from
City Street or County Road
to and identified in
the records of the Department of Highways as T.
and in the records of the Bureau of °ublic :Zoads as
from
City Street or County Road .
, • to and identified in
the records of the Department o£ I�iehways �.s T.
a�.d in the records �.: ;::.e Fureau of Public Roads a�
f rom
City 5treet or County Road
to an3 identified in
the records of the Department of High�•�ays as T.
and in the records of the Bureau of Public P.oads as
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Ci.ty Stree� or County :oad
to and identified in
the records of the Department o£ Highways as T.
and in the records of the Bureau of �ublic I'.oads as .
from
City Street or �ounty Road
to and identified in
the records of the Department of �Iigh�•�ays as T.
and in the records of the Bureau of i'ublic Roads as
Pa�e No. lA
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Forn► 30747 (5-70;
• AI1 of the above in accordance �vith the plans for said project dated
�.P. 64-020-18
and labeled on file in the office of
the Commissioner of :iighways, the special provisions for said project and the
Departmen� of Highc•rays Specifications dated January 1, 197?and all amendments .
thereof, which said plans, special provisions and specifications are hereby
incorporated by reference and made a part of this A;reement with tne sarse
force and etfect as though fully s�t forth herein.
In the letting of said contract, it is hereby a�reed that the foZlow-
ing procedure shall be foll��aed, to-wit:
The Comzaissioner of Highe�ays shall cause the advertisements callin�
for bids on said c•�orlc to be published in the Construction Bulletin. fIe shall
also cause advertisements for bids to be publ�ished in the officially desi�nated
neo�spaper of the City x�c���;��hich said local newspaper is hereby designated
b� the City �� to be the Legal Pa�oer published at
St. Pau1 Said advertisemenC ar call fo� bids �hal� sp�cify
urchasing gen
that sealed proposals or oids will Ue received by the City �.%�X���'����
a� St. Paul on behalf of the Conar►issioner of HighF�ays as agent of
said City �����. Proposals, plans and specifications shall be available for
the inspection of prospective bidders at the of£ice of the Department of Hi�hways,
Purchasing Agent
St. Paul, I-Iinnesota 55101, and at the office of said City ��X�fX�3f�fX�d$3�E
and the advertisement shall so seate. The bids received in response to said
advertisements for bids shall be opened for and on behalt of the Couanissioner of
Highways by a District En�ineer of the Dcpartment of Hibhways or such other
engineer of the Department of Hi�hcaays as may be from time to time selected by
the Commissioner. F.fter said bids snall have been opened, ehe City Council eX�
Q�����of the City �� of �t• Pa� shall first
consider the same and thereupon transmit to the Commissioner of Highways all
Page No. 2
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' Form 307�7 (5-70)
.bids received to�ether z�iCh its recammendation that the l�oc�est bid submitted by
a respon3ible bidder be accepted or that all bids be rejected. Upon receipt
of all said bids, the Commissioner of �:i�hz��ays shall duly cause aZl of said bids
to be tabulated in accordance �•�ith law and shall thereupon determine ��ho is the
lotaest respons?ble bidder or shall reject a11 bids.
(c) To supervise and have charge of the Construction of said project
after the same has been let. The City g��� agrees to furnish either its
City Engineer � �itX���C or such other competent re�istered
en�ineer and assign him to the active supervision and direction of the wor?c to
be pertormed under any contract let for the aforesaid projecC. Said engineer
so assi�ned shall act under the supervision and direction of the Comraissioner
� of �Ii.ghways. The City C�X�a� furt�-►er agrees to furnisiz such other men,
services, su�plies and equ�.pment as shall be necessary in order to properly
supervise and carry on said woric.
(d) To ma?:e such chan;es in the plans or tiie character of the cvorl: as
shall be recommended b� the engineer in char�e of the taorlc. Zf he cancurs in
such recommendations, the Commissioner may enter into for and on behalf of
the ��CCity supplemental aoreements �•�ith the contractor for the performance
of any extra ��ork or work occasioned by any necessary, advantageous, or desirable
chan�e in plans or construction.
It is contemplated by the City or County that the Cotrnaissioner of
Highcaays cannot personally iavesti�ate and pass judgment on the various items
of extra work and plan chan�es necessary and desirable during the construction
of the project buC that he must delebate such duties to en;ineers under his
supervision and control that are employed by the Department of Hioh��ays. The
City o�xd��does hereby authorize these en�ineers, so dele�ated by the
Commi�sioner of Iiigh���ays, actin� under the �eneral supervision of the
Page Ido. 3
. . ' _
Form 30747 (5-70)
' Co�nissioner of Hi�ht,�ays to eiiter into ior and on behalt of the City or County
the supplemental agreements specified in the precedin� paragraph hereof.
(e) The City �ai3��y hereby authorizes 3.ts City
Iii�ho�ay �n�ineer. ror and on behalf of the City �� to, from ti.me to
time, durin� the progress of the wortc on said project, request the Commissioner
of Highcaays to furnish for use on said project specifi G engineering services
to be performed by s�cilled employees of the Department of Hi�h�vays. The
Commissioner may but is not obligated to furnish the services so requested.
If the Co�issioner of Highcvays in compliance ��ith such request shall furnisn
for the use of the City �t:�c on said project the services of any Minnesota
Department of Highc��ays employee, then and in that event, the City �;��
agrees to reimburse the Truntc Hibh���ay I'unds for the full cost and expense of
the furnish_n� o� such services including all costs and expenses of any k�nd
cr ^�*_::r� ::?:�tsoe�:er arisii�� cut cf, connec�ed wi}h, �r inciden�al to the
furnishin� of such services.
(f) To receive the funds to be paid by the City ���t and the
funds to be paid by the United Statas as Federal-Aid, for said project and to
pay therefrom �•�hen due any and all sums that may become due the contractor
to whcn the contract is at•�arded, and upon final completion and accepCance of
the �aorlc, to pay fram said funds the final estimate to said contractor for
said wortc. .
(�) To do and perform on behalf of the City all other
acts and thin�s necessary to cause said project to be completed in a satis-
factary manner.
(h) To enter into any agreement for and on behalf of the City
�a7n�wit� the United States or any officer or agent therof that may be
required or necessazy for the purpose of procuring and actually causing to
Page AIo. 4
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Form 30747 (5-70)
be paid the Federal-E.id availaule for said project and to that end to biad
an�l commit the City ��t�g in such a�reement to the performance of any and
all tiiin�s required by any law of the United �tates or of any rule or re�ulation �
issued by comnetent federa? authority pertainin� thereto necessary for the
purpose of procuring and havin� paid the Federal-Aid available for said project.
(i) To do and perform on behalf of the City �u�any other
and further acts as may be necessary or required under aay law of the United
States or of any rule or re�ulation issued by proper federal authority in
order to cause said project to be completed and to obtain and receive the
Federal-Aid made available therefor.
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The City F���C�c� a�rees that it trill from ti.me to time, after
the execution of these presents to malce such reports, lceep such records and
perform such woric in such manner and time as the �or.imissioner of Iii�hc•�ays
shall from time to time request and direct so as to enable the Commissioner
as its adent to collect for it the Federal-Aid soudht.
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It is contemplated that the Federal Government �ill pay to the
Commissioner of Hight��ays as the agent of the City �g the Federal-Aid .
available to said City a� �to�vard the constnsction of said project.
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IC is further contemplated that the contract to be let by the Commissioner
as the a;ent of the City �r � for the construction of said project shall
provide that the contractor, as the work progresses, shall, from time to time,
be paid partial payments designated in sa�d contract as partial estimates and
on the completion and ac.ceptance of said ��orl: be paid a fi.nal payment designAted
in said contract as a final estimate for all worlc perfozmed.
:age P10. 5
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Form 30747 (5-70)
The City �X�d�4� agrees to deposit with the Commissioner of
Iiighc•�ays a sum equal to ninety (90) percent of the City o�x�j�7Cshare oi
the entire contract abli�ation, to be used in paying the City or County share
of the partial estimates and for advancing the federal share of such esCimate
payments. Upon d�termination of the final costs on said contract, tize City
�(�4���will be requested to deposit the remaining share of their obligation
pursuant to tlie terms of the contract let for and on behalf of the City �(�(
k��� for the construction of said contract. �.t regular monthiy interv�ls
after the contractor shall have started work under the contract let by the
Commissioner as agent for the City dG�(X�4�C for the construction of said
project, the engineer duly assi;ned to and in charge oi said worlc shall pre-
pare a partial estimate in accordance ��ith the t�rms of said contract let �or
€aid project, The saict e.n�ineer in charne of said c��ork shall iuunediately
after preparin; each partial estimate, transmit the sazne to the Comm�ssioner
in quintuplicate. �ach such partial estiunate, shall be duly certified by
t:�e en�ineer in charge and by the contractor performing such ��ork. The said
, engineer duly assigned to and in charge of said wor:c sha11 also prepare a
final estimate in accordance zvith the terms of said contract let for said
project. In addition to said foregoin� partial est�nate payments the City �(X
XQ6�,j� a�rees to pay to the Commissioner that amount which will be sufficient
together with the Federal funds actually allot��ed and received to pay the final
estima�e after the same has been prepared and submitted to the Commissioner, .
approved by the District �naineer or his assistant. The foregoing provisions
as to the� time and amounts of particular payments shall in no way li.mit or
qualif� the City's �X(Zf�;�(�C�C obli;ation to pay all of the .cost of said project
not paid by ��ay of federal funds.
Pa�e No. 6
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� ' Form 30747 (5-70)
� � tThen the coutractor shall have completed the work on said project,
the City �(XN��(�`�f�( agrees to inspect the same and forth�-�ith upon the
campletion of said inspection advise tha Commissioner of Highways whether
or not the �aorlc performed, should be by the Commissioner of Highe�ays as its
agent, accepted as bein� performed �n a satisfaceory manner. In the evenC
the City X�(X�b� should, after said inspection, recommend to the Commissioner
of Highways that he should not aGCept said warl., then the City���y� shall
at the time such recomu�endation is made�specify in particularitq the defects
� in said work and the reasons why the ��ork should not be accepCed. It is
€urther agreed that any recommendations made by the City���� are not
binding on the Commissioner of Higho�ays but that he shall have the right to
determine whether or not the t��orlc has been acceptably performed and to accept
or reject the work performed under any said contract.
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It is further a�reed that the decision of the Commissioner of
Fli;hways on the several matters herein set forth shall be final, binding
and conclusive on the parties hereto.
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100� of the cost of the railroad bridges , and
It is contemplated that �'�����.�8-t o•f-�-i�--�rr�j�ee-t i-�-t-o--b�
50 .°6 of the cost of the remainder of said project is to be
� paid from funds made available by the United States by way of Federal-Aid
portion
and that the remainin� 54°� is to be made available by the City )qQX�tig(�ptitfQ�DC.
Tf, for any rea�on, the United States fails to pay any part of the cost or �
expense of said projec�, Chen and in that event, the CiCy �(X�ft�� agrees
to pay the same. The City �QXX7�jP7���further agrees to pay any and aIl clai.ms
or demands of any lcind or nature ��hatsoever arising out of or incident to '
Che performance of the ��ork under any contract let for said project in the
,
evenC that the Federal Goverrnnent does not pay the same, and in all events,
Fage I10. 7
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, agrees to save the State of Minnesota and the Commissioner harmless and
. to pay any and all expenses and costs connected with said project or the
construction thereof which the Federal Government does not pay.
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That the Commissioner accepts this said appointment as agent of
the City and agrees to act in accordance herewith.
DATE C1TY AUL -- - -
APPROVED A TO FORM: BY
. Mayo �
7 : �.._ Attest: �, �/'���
Assista City Attorne City r
�
APPROVED TO FORM�R�N,� , / / —
EXECUT I ON TH 1 S ' � !''`'" DAY z '-� � �i ,G2Z-{��%rJ�.�-�
�� ..-��, � , 19�. H ad, Department of Fi nance
. � WITNESSED:
� �'�
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Ass i stantj c",i t�y Ftt.tu���c"Y r% _(rL-j�=�?=�%[�li���-C.�i�-���r�
U ` L
RECOMMENDED FOR APPROVAL �t����QF`�v� ��c- , ��,,,�,�,,��n •�
�.. ..,0.�-,��!���-.:-Jcr l;�/ �' '1 " 7 ?-�-
/ State Aid E�g.icre�y �� Date
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APPROVED AS T ORM AND EXECUTION• STATE OF MINNESOTA
�' �- ��,
�� By: � ,:�. �u-:::•�;.y.-�
Spec i a ' 6i��E.r7��or ey enera 1 g�,��ST�+ Comm i ss i oner of H i ghways
� �
Date Date :��. y
(SEAL)
Page No. 8
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STA'T� �� MIR."�ESOTA
Gounty of Ra�s�y se.
crr�r oF s�n�-r r�uL
I,..................Har?Y..E:...M.arshall.-•................... .. ty.
• ... ..................Ci Clerk
oi the City of 5a��t Pcaul� l�,�i�nes�ota do boseb�► certify tbat I have
oo�ps�red the att�r.�ed cr��y o3 Council Filo No.....„259256
.......................
ae adopted by the City Council...__...._..July..12 .....N.............. 72
.19................
July 13 . 72
� and approved by the Miayor..............................................................19............_...
with t�e ori�inal thrr�o� oa 81e in my o�flce.
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_ I further certi�q that e�id copy ie a true and conect copy of
said original and the wl�ole thereof.
, WI'd'NESS my band and the�eal of the C!ty oi Saint Paul� Mian.,.
this........,21rst...........dA�► o .......... .July .......A 72
•�- •-• � . �19. ....
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Citq Clerk.
. ��9�,r°�1
GITY OF SAINT PAUL
_ .� .
OFFICE OF THE MAYOA
r�e���s
���
eugust z3. 1972
LAWRENGE D. COHEN
MAYOB
City Clerk Harry Marshall
Mada�a Pres. Butler
Hon. Me�bers of City Council
Although City contre�ct procedexres are generally
handled admin3strativeiy, the pro3ect referred to
in the attached resolution requires City Council
approwa.l due to technicalities of the State of
Minnesota being tha axa.rder of the coatract.
Sincerel
2c.��
Ph ip Lee
Admin. Asst. to Mayor
aa
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~ 'o �NAc.TOarr _L�eR _ .�,���N��
�--� . cn� or sr. PAUL H�UNCIL No
�FFICE OF THE CITY CLERK
� � COUN 1L RESOLUT�ON—GENcRAL FOR.3vi
►RESertreo er � � . ,
GOMMISSIONE A�
. - /
RESOLVED, That pursuant to the authority contained in �
Minnesota Statutes, Section 161.36, the� Council of the City of
� - Sainic Paul does hereby designate the Commissioner of Highways of
the State of Minnesota to act as agent on behal� of the City of
' . Saint Paul, a sub.divisi�n of the State of Minnesota, for the purpose
of receiving Federal A�.� Funds (TOPICS) to construct and improve
Maryland Ave�ue from 190 feet east of Jackson
� Street to Interstate 35E, ' •
all in accordance ��ith the terms and conditions set forth in the
. Agreement between the City of Saint� Paul and the Comrnissioner, a
c�gy of which A�;rP�ment is attached hereto.
^. . FORM PR�J ED,�
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. �t. it�� ;,�' �~n°,� (
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JUt 12 1°�
COUNCII.b�N Adopted by the Counci� 19_
Yeas Naya �
���r Hunt L 13�19��
� �;��� Konopatzki prove �',.�—�9—
_...__ � `'—$�►u-,-�
Levine
Meredith n Favor A �, �.n.� er� .,�,���J��
�-'-�-'�,
Sprafka i:iayox
_ �g�inst .
Tedesco • -
MzS President, �nf�t� Butler. � � .
. Pus�srcr� JUL 15 IyiZ ~ .��
� 259��
Di1rY�7't TD MIIN'RIt �
�� CITY OF ST. PAUL ��� NO
OFFICE �F THE CITY CLERK
�
, � COUNCIL RESOLUTION--GENERAL FORM
.��r��r
COMMISSIONHt �A*G
WNEREAS, eids have been recetved and opsned for the widsning, grad-
ing and bridges of MARYLAND AVENUE-Jackson St. to i.S. 35E, City Projact
No. P-0526A, all in accordance wlth tha t�r�as snd c.ondttions of the Agsncy
Agreanent between tha City of St. Psul and the Caanissioner of NiqMways of
the Stata of Minnesota (s copy of which Agreenient is attschad hareto for
reference purposes ot�ly) ; and
WNEREAS, The Departavent of Publ ie Idorka of the City of St. Paul h�s
duly considered said bids, a�d has de�t�rmined that tha lowest bid w�s
submittsd by a responsible bidder and, further, racc��nsnds scceptance o!
ssid bid; now thsrefare ba it
RESOLYED, That the CouncTi of ths City o1' St. Pswl does iNr�by roco�-
aiend to the Commisslon�� of HigM�vays tMat said to�+�est bTd, baing the sum
of 5602,90{.�, as subaitted by ths Lunda Construction Ca�psny, 8ox 153,
Black Rfver Falis, Mtsconsin, being a rmsponsible bidder, ba accepted for
the construction of said ProJ�et No. P-d526A; and be tt further
RESOLVED, That sll bids receivtd and duly ops�ed for said ProJact be
tranan�Ttt�d fran the City of St. Paul to safd Con�nisstoner of Highways
for tabutation and finsl dster�fnation of tha lowast rssponsible bidde�.
AU6 a3 ��
COUNCII.MEN Adopted by the Co��r � 19—
Yeas Naya
„� AUG 2 4 1972
C son H u n t ' A'pproved�'�...��_19_
Konopatzki
Levine Favor
eredi MPredith �r
Sprafka Sprafka
Tedesco � Ba3ns3t
Tedesco Mme. President, Butler
. President, McC
�e