255212 ORIOINAL TO CITY CL6RK
��'' CITY OF ST. PAUL couNCi� ,����
� • OFFICE OF THE CITY CLERK FILE NO.
} CO IL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED� That the proper City officers are hereby
authorized and directed to execute on behalf of the- City
of Saint Paul Agreement No. 56692M between the Minnesota
Highway Department and the City of Saint Paul� pertaining
to prelimina.ry engineering and right-of-way acquisition for
traffic operation under the "Topics" Program, a copy of
which Agreement is attached hereto and incorporated herein
by reference.
FORM V :
�9,ss#. r i G
COUNCILMEN Adopted by the Coun��U� 5 ��� 19—
Yeas Nays
sutler I�►U6 5 �g7�
PP 19�
�— ��In Favor
Meredith
Sprafka V ` ��r
Tedeaco ASainst .
PUBLISHED i�i �=d
Mr. President, McCarty AU6 ? �971
�
�
� • ' � • � • , ���,_�`r
. ���
r4IN:I�SOTA HI.GH��IAY DEPART?°fENT AGl'.}��'•fE;1T NI:.iBI:R ��3�� 2, M
I:IDEX ITE':�4 ALLOT. FU�dD QUARTER
SP
Agreement between Minn. �'ed. Proj . P1o. T5002 (001)
The State of t4innesota
Aepartment of Highways, and
The City of St. Paul
Re: Traffic Operations Program
to Increase Capacity and �Safety
("TOPICS" Program)
AGP.EE'�fENT FOP. PRELIriI?ZARY ENGINE�RING
AND RIGHT-OF-WAY ACQUISITIO�Q FOR
TP.AFFIC OPEP.ATION
I2fPKOVE.•��i'JTS PP�OJ�CTS
UIIDER THE "TOPICS" PROGRI�1
T1iIS AGR�E'.�IFNT made and entered into by and between the State of riinnesota,
Department of Highways, hereinafter referred to as the "State", acting Uv and throu�h
its Commissioner of Higtiways hereinafter referred to as the "Commissioner", acting a�
agent for the I'ederal Government (pursuant to the execution of the L'rban Area iraffic
Operations Improver�ents Prograrn provided for under Section 135 of Title 23 of the
Highcaay Act of 1968) and the City of St. Paul.,� Minnesota, acting by and throu�h its
City Council, hereinafter referred to as the "City".
WITN�SSBTIi:
WIiEP.FAS, the Federal Aid High�-�ay Act of 1968 has established tne "Traffic
Operations Pro�ram to Increase Capacity and Safety" kno��m as "TO£ICS"; and
WfTER�AS, said "TOYICS" permits the states to add to the Federal Aid pri-
nary systems, additional route5 on local streets for �ahic}i Federal fUtl(�S may be,
used for traffic operation improver:ients; and
[�EiF.P.EAS, said additions shall constitute a new system kno��m as "Type II
Primary System" and may be established at the option of the State, for any Federal
Aid urban area; and
IJIiEP.F?E1S, the general objectives of said "TOPICS" are Co improve the traf-
fic flow and increase safety on Federal Aid urban area streets by ph��sical imnrave-
ments and throu�h the application of traffic engineering principles; and
Z�fi�R�AS, tlie Ci.ty, by previous agreement, has initiated the '.'TOPICS"
program; and
i,�HEP.EAS, the City desi.r.es to prepare detailed plans and acquire right-of-
way for said traffic operation imPravement:s projects within the City's approved
Type II System; and •
1 of 8
� • , ^
� W'dEREAS, the Citt� '� willing to share in the cost of said projects;
NOW, THER�FORE, IT IS *iliTUALLY AGREED HEP,ETO AS FOLLOWS :
I - CITY RESPONSIBILITIES
"The City will in accordance with the applicable Feder�l Ai�l H�ghway Laws
and Regulations and Public Law 91-646 entitled Uniform P.elocation Assistance and
Real Property Acquisition Act of 1970, and with Federal re�ul.ations inpler�enting
same and in accordance with federal statutes and regulaCi�ns relating to the
conditians under which the Federal Government will participate in the cast of
streets, highway�, and roads, including but not lir�ited to, civil rights, non-
discrimination in emplayment, equal employment opportur,ities , wage rates , anti-
collusion, anti-kickback posting of notices, inspection, retention of records
and warranties against contingency fees."
A. Submit preliminary plans and estir�ate o£ costs to the Transportation ard
Transit Planning and PrograMming Division of the Minnesota Department
of HigF�ways with a request for pro�ect authoriza�ion.
B. Upon authorization to proceed with detail design for the project:
1. Yrepare construction plans and cost estimate.
2. Hold any necessary public hearin�s.
3. Secure any necessary right-of-way.
4. Camply w3.th the necessary relocation assistancE requirements.
All �1ans and documentation resulting from the above activities shall be
submitted to the State Aid Division of the Minnesota Department of High-
ways.
C. Assume genera2 responsibility for a11 public information and public re-
Zataons in connection with the approved pro�ects.
D. Accept control and responsibility for maintenance of the streets and high-
ways improved under the TOPICS progracn, upon completion o£ construction
and tt�e City wi11 thereafter keep con*rol and maintain same, as and for
all purposes a part of its' City street system, at the City's cost and
expense.
E. EstabYish and/or maintain an adequate traffic engineering unit or provide
other means acceptable to the Commissioner for the proper operation and
maintenance of the completed ir�provements.
F. Enact, keep in force, and enforce such ordinances relating to traffic
movements and parking restrictions as ma}� be approved by the Commissioner
and the Federal Iiighway Administration, such ordinances being desi�ned to
facil.itate the full and free use of the through�aay c,rithin the Type II
System, including but not limited to: �
1. Prohibiting angle parking.
2. Adequate regulation or prohibiting of all parking at locations where
and when the pavenent area usually occupied by parked vehicles will
be needed to carry active traffic in the street.
2 of 8 �
G. Eszats:�.ish �nd conduct a progra�a of evaluarion in accordance with the
U. S.� Uepartment of Transpartation Policy and Procedure :�femorandum
21-1€# dated January 17, 1969 ar.d supplements thereto which may be is-
sued.
H. Hold a�,d maintain inviolate for public high�oay or street purposes, and
wi1Z enact and enforce any ordinances necessary to Pronibit the •presence
of bi�lboards �r other advertising signs or devices and the vending or
sale cyf inerchandise on such ri�ht-of-wa��, and will remove or cause to be
removed from such ri�ht-of-t•ray any sign, private installation of any na-
ture, or any privately-o�,m ed object or thing which may interfere with the
free flo�v of traffic or ir.ipair the full use and safety of the high�aay or
stree�. The City further a�rees that it will not repeal, change, or mod-
ify aas� city ordinances or regulations relating to the regulatian of traf-
fic �ements, parkin� restrictions, or use of the highway right-of-way
enacted hereunder without prior concurrence of the Comr�issioner and the
Federai Highway Administration. It is understood and agreed that if the
City �'ails to fulfill its responsibility with r�oard to enacting, enforcing,
and ke�ping in force such traffic, parking restrictions, and highway street
use ordinances or regulations, such failure will disqualify the City from
future federal aid participation on any project for which the City has
mainte�ance responsiblity.
II - STATE I2ESPONSIBILITIES
Tlie State shall: �
A. Furnist� the City, at its request, such data that is in the State`s p�s-
session that is considered pertinent to the work to be performed hereunder.
B. Provid,e the necessary review of Plans, Specifications and Estimate.
C. Prepare contract proposal and engineer's estimate.
D. Prepare thP agency contract for project constructi�n.
E. Prepare the advertisement for bid.
e
F. Coordi.�xate with the Federal Highway Administration.
G. Confer with representatives of the City and others that may be involved
in th� project as frequently as is necessary to progress the project.
� III - PAYMEP�T �
A. The Cit� wi12 be reimbursed for an amount equal to fifty percent (SO%) of
the r+�.asonable cosC and expense incurred by the City in the performance
of tl�� work in accordance with Section I-A, I-B and I-G.
3 of 8
B. It is understoad nnd a�reed by and between the parties that costs incurred
� in ca�nection with tile pr��ec� will be shared on u fifty-fifty (SO-50)
basis �etweEn the Federal Government and the Citv, and that any costs
incur�-�d whicli are not reimbursable by the Federal Government �aill be
bor,n� �y the City with no participation in such costs by the Commissioner.
G. Partiai�. payments will be made to the City not more often than once each
thirt� (30) days, and shall be ior services performed during one (1) or
more calendar months. The City sha11 submit invoices at tlie close of
each calendar month, in quintuplicate, for services rendered and for re-
imbursa�le expenses incurred duri.ng that Month. The invoices shall be
su�mit�.ed within twenty (20) days following the end of the month covered
by the account. The invoices, or supplements thereto, shall contain what-
ever ��zails that may be necessary for a proper audit. No payment shall be
due until the account has been audited and approved by dul}• authorized
repres��tatives of the State of Kinnesota.
D. The State wi11 transmit invoices submitted by the City for services per-
formec� under the terms of this Agreement to the Federal Highwaq Adminis-
tratia�, Department of Transnortation for Federal reiiabursement. Up�n
recei.p� of Federal funds by the State for said services, the State wi.11
make payznent to the City.
IV - INSP�CTION OF WORK �
The Commiss3_oner shall, at all times during the life of the Agreement, and for
three (3) years £rom the date of final payment of Fe3eral funds to the State with
respect to the prdject, be accorded proper fa¢ilities for inspection of the work
hereunder and s�all at all times have access to the premises, to all books, records,
correspondence, instruction, receipts, vouchers, memoranda of every description per-
taining to the wa�rk hereunder. The Federal Highway Adr�inistration shall hav� the
same right of inspection as aecorded the Commissioner lierein.
V - RECORDS
The City st:a.11 maintain an accurate costkeeping system as to all costs incurred
in connection wi�.h the subject of this Agreer�ent and shall produce for examination
books of account, bills, invoices and other vouchers, or certified copies thereof
if originals be iost, at such reasonable time and place as may be desi�nated by the
Federal Highway Administration, or by the Commissioner or his duly authorized repre-
sentatives, and .shall permit extracts and copies thereof to be made.
' VI - AUDITS AND EXAMINl1TI0NS
The City st�all at all ti�es a£ford the Fublic Exaniner of. the State of Minnesata
reasonable faci�ities for the examination and audits of. the cost account records;
shall make such returns and reports to the Public Examiner as he may require; shall
attend and ans��er under oath his lawful inquiries; shall produce and extiibit such
books, accounts, documents, and property as he may desire to inspect; and shall in
all tl�ings aid fl�im in the performance of his duties.
4 of 8
VI I - CLAIi iS
A. Any and a11 of the employees of the City while engaged in the performance
ox any work or services required �by the City under this Agreement, shall.
be considered etnplcyees of the City only and r�ot of the Department af
Highways, .and any and all claims that may.or might arise under the j,�or;c--
men's Compe�isation Act of Minnesota on behalf of said employees while sa
engaged, and any and all clai.ms made by any ttiird (3rd) �arty as a con- '
_.j-- sequence of any act or omission on the part of the City's employees
while so engaged in any of the work or service provided to be rendered
herein, shall be the sole obligation and responsibility of the City.
B. The City inder►nifies, saves and holds harmless the State and all of its
agents and employees, of and from any and all claims, demands, action or
causes of action of whatsoever nature or character arisin� out of or by
reason of the execution or performance of the work provided for herein
and further agrees to defend at its own sole cost and expense any action
or proceeding comr.►snced for the purpose of asserting any claim of whatso-
ever character arising hereunder.
VIII - CANCELLATI0:1
The Ca�►missioner reserves the right to cancel this Agreement at any �ime he
deems it to be in the best interests of the State upon giving ten (IO) days' writ-
ten notice of such cancellation to the City. If the contract 'is cancelled under
this provision, the City shall be reimbursed according to the terms of Section III
hereof to the date of such cancellation.
IX - SUBCONTRACTING
Tne work to be performed hereunder shall not be sublet unl�ss all snbccntracts
have been �ubmitted to the Commissioner for review and written authority ta proceed
is granted by the Commissioner.
X - AVAILABILITY OF FUNDS
The Agreer�ent sliall be valicl and effective only when ap�roved by resolution of
the City Council of said City, when countersi�ned by the State Auditor of the State
of Minnesota and appraved by the Federal liighway Administration.
� XI - LI�IITATI�iNS OF LAtd . •
All provisions in ttiis AgreeMent sha11 be subject to limitations provided in
State laws. •
. XII - NONDISCI:I�iINATION
Nondiscrimination; TiLle 6 - Civil Rights Act of 1964
During the performance of ttiis contract, the City, for itself, its assignees a�d
successors in interest (hereinafter re£erred to as the "Contractor")' agrees as follot-�s:
5 of 8
' A. Com;�liai�ce �aitl: Re�uiations: The Cot:tracL'or wi].1. comrly wittl the P.e�ti-
lations of the Jll�partrnent af Transportati.on relative to n�ndiscrimir:at:ior,
�n federaZlv-assisted prof-,-rams of_ the llepartMent of Transnorta.tion �Title
49, Code of Feder•al Re�;ulationss Part 21, hereinafter referred to a� the
"P.egulations") whicn are herein incorporated by reference and marie a part:
of t'.�is contract. �
-'�. ' Nondiscrir�ination: The Contractor, �aith regard to the worlc perfo�rmed by
. .---�r _
-� ' it after award and prior to completi_on of Llze eontract work, will not
discr_ininate on tt�e ground of� race, col or, or national ori�i.r. ir, the
selection and retenticn of subcontr.actors, including procurements of
matexials and leases of e���ipment. The GontracCors �ail.l_ not par*ici.�ate
either directly ar indirectly in the discrimination prohibited by Sectian
21.5 af the Re�ulations, iticluding emPlo_yr►ent practices F.*hen �he contract
cover5 a pragram set fortY� in Appendix A, B, and C o£ the Regulations.
C. Solicit�tf.ons for Subcontracts, Inc�.uding Procurements of Materials and
£•.quipment: In all solicitations either by comgetitiv� biddin� or neg-
otiation made by the Contractors for work to be performcd under a sub-
contract, zncl.uding pr.ocurements of materials or equipment, each poten-
tial subcontractor ar supplier shall be notified by the Contractor- of
the Contractors' obligations under this contracY. and ttie reg,ulations
relative to non�iscri*�ination on the ground of race, color or. national
origin.
D. Information and Reports The Contractors wi11 provide all infor.Mation
and reports rec�uired by the P.e�ulations, or orders and ir_structions is-
sued pursuant thereto, and will permit access to its books, rrcords,
accounts, other sources of inf.ormation, and its facilities as may be
determined by the State Highway DePartnent or the Federal Hi�h�aay Admin-
istration to be pertinent to ascex'tain compliance �vith such Regu��tions,
orders and instruction�. �1}iere any in£ormation required of tne Con-
tractor is in the �xclusive possession of another wro fails or refuses
to furnis}� this information, the Contractors slzall so certify to the
State Higilway Department or the Federal High�oay AdministraLion as ap-
propr.iate, and shaJ_i set forth what efforts the�� have nade La obtairi th�
inf.orr�ation.
E. Sanctions for Nonc:ornp]_iance: In the event of Che Contr�ct�rs' noncom-
pliance with the noncliscrimination provisions of tliis c�ntracL, L-lte
State High�aay llepar.tr�ent shall impose such contract sancticns as it
or the Federal Highway Administration ma}� deterrnine to be appropriate,
including b�±� not limited to,
1. wi.thholding of payments to the Contractors under the contract
until the'Contractors comply and/or.
2. cancellation, terr,iination .or suspension of the contract, in
whole or in part.
6 of 8
' A. Com;�liancc toitt_,Re�uiations: The CoF:tracLar wi7.1 comPly with the Y.e;�u-
laCions of the Departmene of Transportati_o�� relative to nondiscrimir.at,i�n
in federally-assisted pro��rams of tl,e ll�partr�ent of Transnorta.tion (Titic
49, Code of Fedez�al. Ret;ulationsy Part 21, hereinafter referred to as the
"P,egulations") wtiicn are herein incorporated by reference and maae a p�-tt:
of this contract. �
--'$. ' Nondiscrir�inatinn: The Contractor, with regard tn the caorl: pPrf_.?xmed by
.,.✓ —
" it after award and prior to completion of Ll:e contract work, will not
discrininate on ttie gr�und of� race, colar, or national origi.r. ir. the
selection and retention of subcontractors , including procureMents of
matexa�als and l�ases of ec�ui.pment. The Contractors cai].)_ not participate
either directly ar indirectly in the discrimination prohibited by Section
21.5 of the Regc�la*ions, includin� emPlo;i�rlent practices t�hen the contract
covers a pragram set forth in Appendix A, B, and C ot the Regulations.
C. Solicit7tions for Subcontracts, Inc�.uding Frocurements of Materials ancl
rquipment: Zn all SOIlC1t3t1QI1S either by competitive bidding or neg-
otiation made by the Contrzctors for work to be performed under a sub-
contract, inc].uding pr.ocurements of materials or equtpment, each poten-
tial st�bcontractor ar supplier shaZl be notified by tlle Contractor• �f
the Contractors' obligations under this cc�nt:.act: and Che regulations
relative to nondiscri*�ination on the grout:d of race, color or. national
origin.
U. Information and Reports The Contractors ���i11 provide al? inforMation
and reports required by the Regulations, or orders and ir.�tructions is-
sued pursuant thereto, and will permit access to its baoks, re�urds,
accounts, other sources o.f znformation, and its facilities as may be
determined by the Sta.te High�aay Departnent or the Federal Hi�h�azy Admin-
istration to be p�rtinent to ascertain comPliance �vith such Re�;ulations,
orders and instr.ucti.ons. t�}iere any in£ormation required of the Con-
tractor is in the exclusive possession of anothe-r who fails or refuses
Co furnisl� this information, the Contractors shall so cert9.fy to t?Ze
State Hi.ghtaay Department or the ]?ederal Highway Administrat-ion as ap-
propriate, and sha]_i set forth what efforts the_y have nade to obrairi tne
i.nf.ormati�n.
E. Sanctions for Noncorapliat.ce: In the event of Che Cox�tractors' noncom-
pliance with ttie nonciiscrinination provisions of tliis cantract , L-lie
State Highway Uepar.tment shall im�ose such contract sanctions as it
or the Federal High���ay Administration may deternYine to be ap�ropriate,
including b>>t not limited to,
l. wi.rhholdin� of paytnents to the Contractors undeY tha contract
until the Contractors comply and/or.
2. cancellation, terr.iination ,or suspension of the contract; in
whole or in part.
6 of 8
.
' F. Incorpora[ion of Pr.nvis�.oT:s; Th� Cot:���ac4or :ai2� �acl;ide the provisions
Of paragraptiS �.�1� I:iirUil��t: �1�"� 117 C_'VL'1';' ,�'..i:CCtSCT'2Ct� incl_uding procurements
or materials and Ieases of �qui_p*�enC, u�iiesv exempt by Ghe Regulations,
order, or instruct:�c�ns i.ssued pursu��n.t t}icteto. The Contractor wA].1 take
such action with respect to any subconCract or. procurement as the Sr,ate
Highway Departr�ent or the rederal Hj_ghway Admin�stration may direct as a
means of er.forcing such provisions includin� sa.nctions for noneoi�pliance:
Provided, hcwever, tiiat, in the event, a Contr�ctoi becories involved in,
or is threatened with, litigation witl� a �uhcontractor or supplier as a
resulC of sucti direction, the Contractor m�y rea,uest the State to enter
into such Iitigation to protect Lhe interests of Cr,e State, and ir.
addition, the Contractor may request the. United States to enter into 5uch
litigation to protect the interests of the linired States.
7 of 8
, ' -. �. ' ` � -
Iid TESTI�10.1Y WiiERi:OF, tkie par:ties havp du3y executed t'tiis �grPement by
their duly authorized officers and ;.aused their respective seals ta be. her.euntu
affixed.
._�-.° CITY OF ST. PAUL n
(City Seal) gy
� Mayor "�- -----
'�y �
Citv Cleric
�Y _�__�__
City ComptrolZer
FOR � '�=;�,�";' ��; By �
City Attorney �
Asst Co �_.. :;,� _ _��1
C�
. STATE OP MIPdN�SOTA
DEPI�,ItT2�iENT OF HIGHWAYS
RrCCMI�ENDED FOR APPP.OVAL: APPROV�D:
�� �y- _
Assistant C�mmissioner C�r.unisszoner of Hi�I�i�aays
Trans�ortation and Transit
Planniri; and Programming Dated
By � _ ,__
- Commissioner of Adminis!•ration
APPROVED AS TO FOR�4 AND EXECUTION �
By • Dated
Special Assistant Attorney Ger�eral_ ��
(State Auditor.�
3 a f ti
o�.,�,n,�.�� 25��12
, r CITI( OF ST. PAUL �NCi� NO
• � OFFICE OF THE CITY CLERK
' COUNCIL RESOLUTION—GENERAL FORM
PR�BiTED 6T
COMMISSIONEQ ^A'►�
�OLVBD, Z'tu�t t,ht ps�ops� City of�ir��'s sYre t�rtb�►
a�ttl�o►�ci�►d and dirtct� to a� a�► bsbs�,� af +�ha City
af �aint Pacul Agrs�at l�o. Sb69�t be�sn t� Mi�uata
�.�OSp D�sgar�nt �d the City of 8aiat Pst�l, pss�tsi��
� P���Y �5��� aad �ht-ol�r a�ce�ui�sitios� #or
trat�i� og�e��oa �o�dar the "Tap�a" Pro�r'a�a• a c.opy �i
Mb�iah A�t ia at�s�.t�c� ha�n►t� �d i�c�os�porat+rd ?�errsin
by rafarr�nce.
COUNCIL�EN Adopted by the Cotmc�� A�� 5 ,�19_..
Yeas Naya 197,
sutler / AUG 5
/ Approv� 19�.
ro
� Tn Favor
Meredith
Sprafka � ��r
A aninat
Tedesco
Mr. President, McCarty
��
i