252263 ---,�OR161NA1l�O CiTY CL6RK hj5��s�
��, _ � CITY OF ST. PAUL FIOE NCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RES UTION—GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
�.
RESOLVED� Tha.t the proper City officials are hereby authorized
to enter into and execute an Agreement between the City of Saint
Paul, acting through its Department of Public Works, and the
Minnesota Highway Department, for construction by the State of
joint�use sewer facilities along the West Frontage Road of Trunk
Highway No. 280 from Territorial Road to Franklin Avenue.
FOR APP D:
st. C o ation ounsel
F�g 21971
COUNCILMEN Adopted by the Council 19—.
Yeas Nays ��� Z t97�
Butler
Caxlson / Approve� 19�
Levine �n Favor ��� �
,! _ ,..,_ �
.�.�.- `
, / Mayor
'—�f�� V Against Acting
Tedesco
Mr. Vice President Meredith
PUBLISHED F E g 619 71
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itCAD J:;.;I:'; L:Ii�l;d�;;;0�1'A fiIG�i';iAY D:;Fai,T;,�;�^t1T AGit�:.;�I:;t`i' PTO.
CUGPL':tA�i'I'I_. COii�TttUCTI0P1 ,�
AG�t:.»:....�1T 5667� �,c��
�����
s.P. 6242-17 � 43 (`i'.H. 2£30)
Fed. Pro j. P.Iinn. U 047-1 (36�
I;tD:,:: IT.;:.� A�LOT. Q`i':t. PUP1D AI,IOUIIT �1.1CtJ1.�'3.
�N,one L
A�ree.:�ent bet���een ATQ�T. iL�C�IVAIlZ;
�''�e :�1;ate of :��innesota
Departm�nt of:ii�h�•.ays, and w�19,700.9n
i�e Cit�j of �t. �'aul
:�e: ��tor1 Ue�•�er construction
Alon� T.H. 280 fronta�e roads
I3et. �'ran:-1in Ave. � Territorial i�d.
In St. Paul
THIS AGRi�;'.��Ii.iTT made and entered into by and between the State of I�Iinnesotaa Depart-
ment af Hi�hway�� hereinafter referreci �o as the "State"� andt•,the City o� St. Paul�
tdinnesota� actin� by a.nd through its City Council� hereinafter referred to as the
nCity►',
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17I TN L:)J:�TIi: '
.'�7IiL:�::AS the atate avrarded a contract on July 15� 1970y designated as Contract Ido.
13912, for the construction of grading' a��re�ate baUe9 concrete sur�'acin�s storm
sewer� traffic �ignals� Bridge P1o. 9472 (University Avenue over Trunk kii�hvray No.
280�� �3rid�es i�1o. 62033 and No. 62034 (Franklin Avenue over Trunk High�vay No. 280�
and other �LJJOCI.R. II�U improvements upon and along Trunk HighNray No. 280 from j'�abash
Avenue to Carter Avenue within the corporate City limits in accordance with plans and
specifications therefor designated as State Projects No. 6241-31� No. 6242-17 and
No. G242-43 (T.H. 2�i0�' at which time the City intended to per�orm certain modifications
to its stonn and sanitary 3e�ver facilities within the limitg of the aforesaid Sta,te
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• 5G678
conr;t:ructi�m I�.•oject�� c��ncurren�;l,y �.;�.i;h the ���;ate's construction operation; and
�.+'i.:.�.::':•� :;�zb:;enu�nt to the :�tate �tartin�; construction �•iork on the aforesa.id projects�
the Cit�� reque:;ted that the :�tate modify and revise the pr.oposed storM se����er facilities
in the plans for :�tate Project �do. 6242-17 to provide for the construction of a
�aainline :>tox�a �e•,�er alon� Trunk Highv,�.y Tio. 280 '�'�est r'ronta�e i3oad (�lzstis Avenue�
fron i.::inhole I:+o. 77T3 (at Territorial �oad� to inplace I�.Ianhole No. 51 (at Pranklin -
Avenue� and catch basins� and leads at the l�`est Fronta�e Hoad intersections at
Territorial i3oad� University Avenue and �'ranklin Avenue� and also� a mainline storm
sevrer alon�; Trunk iiigh`;ay rlo. 2II0 �ast rrontage :3oad (Crom�rell Avenue� from i,7a.nhole
No. 61r3 (near University Avenue) to the inplace I�Ianhole Iv'o. 7 (near Franklin Avenue�
�
and alon� rranklin Avenue from b�anhole No, 58H (approximately 100 feet east of said
East Fronta�e i3oad� to i�iz�.nhole P1o. 58F (on the aforesaid r7a.st r�rontage Road mainline�
and catch basins and leads at the East Frontage Road intersections a�C University
�
Avenue and Franklin Avenue� and in addition� a 12 foot long mainline stub to said
mr�inline :�ir�,nhole Pdo. 5� for future City use; and , �
��'Ii�R':;AS in order to accommodate the additional storm waters that will be contributed
by the aforesaid revised and modified storm sewer facilities requested by the City
to be con�tructed along the r.ast Frontage Raad and drained into the drop shaft of said ;
P�Za.nhole No. 7� which shaft was originally planned with a 24-inch diametery a revision �
i
wp.s required in the plans for caid State Pro�ect No. 6242-43 to increase the diameter
of said drop shaft to 30 inches.
V�I�ii_i�AS the State did modify and revise the plans and specifications for said State
Pro3ecte Pdo. 6242-17 and No. 6242-43 to provide for the construction o� the aforesaid
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z+>.r_�:�ass..-w:....�r..=--`-- —-
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, 5G678
st�1-, :;c-^_� ��ciiitin� r�que;ted b� the Cl�l.��� and the �tate did enter into �lipple-
-�;•,,.;i r-�--n�� ;;�. 1 to it� s.id Construction Contract :+o. 13912 providin�; for
.._. •'L_ _ ,...__.
t:;e �t��t�' s c�ntractor to construct �aid �lodified and revised storm se�•rer facilities�
and tne City ha� indicated its ti�rillin�;�ness to share proportionately in the costs
of constructin�; said Modified and revised storm sewer facilities as hereinafter �et
forth.
IT IS� TFi�.�:I�'Oi3�� itiIUTUAT�LY AGR��;U AS FOI�0175:
AitTICL'_,� I - C0�?S1^T�UCTION 33Y THE STAT�
��ection A.
The 5tate shall cause to be constructed under State Contract No. 1397.2 and Supplement
No. 1 thereto the afore�aid revised and modified stoxm sewer facilities alon� the
�7est Frontage noad of Trunk fIigh���ay No. 280 from Territorial Road to Franklin Avenue�
alon� the T�,a.st Frontage Road of Trunk High�vay No. 280 from Univexsity Avenue to irank-
lin Avenue and alon� r'ra.nklin Avenue from approxim�,tely 100 feet east o� said East
Frontage Road to said �l:ast 1'rontage Road in accordance with the revised and modified
plan3 and specifications therefor desi�mated as State Projects No. 6242-17 and No.
.6242-43 (T.H. 280� which revised and modified storm sewer facilities are shown in the
attached sketch marked "Lxhibit A". Said plans and specifications� on �ile in the
Office of the Commissioner of Hi�hways at Sto Paul� IulirLnesota� and in the �ffice of
the City i.hgineer at St. Paul� idinnesota.� are made a part hereo� by reference thereto
with the same force and e�fect as though fully set forth herein.
Section Ii.
The construction oY said Sta,te Pro3ects Noe 6242-17 and No. 6242-43 (T.H. 280) shall
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�e under the dircction and �upe.r.vi;7ion of the State. It is agreed hovrever� that the
Cii:;� :;h�.11 h3v� t�e ri�-,ht to inspect the coUt sharin� stonn seti•rer construction v�ork
to b�� peZ'.ioT'1:1ed hereundcr periodically durin� the progress of the work� but the ata.te
:�hzll hnvc the final deter.;aination as to �r,�hether the �vork ha.s been perfor►aed in a
;:atir,f�.ct;or-f ;�.�nner.
AitTI�l�: II - 3ASI� 0�� PAYI-;�T+T }3Y ^1H� CITY
Section A.
The City shall pay to the State as the City's full share of the cost of constructing
the afore�aid revised and modified stoxm se�rer facilities consistin� of cooperative
m�inline r�nd mainline �tructure�9 coopera.tive catch basins and le�.ds t�nd m.�.inline stub
exclu3ively for City draina.ge to be done �.nd performed in accordance with Article I
hereof� includin� the cost of any additional supplemental ccnstruction agreements
which may be nece�sary to complete the aforesaid construction� and the costs of any
settle�ents of claims made v�2th the State's contractor in connection with the aforesaid
construction, the followin� percentages of the payment or payments made by the State
to its contractor perfonning said construetion based on final qua.ntities of work
performed co�puted at Con�truction Contract No. 13912 unit prices and the negotiated
,unit prices contained in Supplement No. 1 to said Contra.ct No. 13912 to-�vi�: (All of
the City cost participation con�truction is described in detail in the attached pre-
liminnxy covt dntt� r.�rked "I:�ibit B"�
(Item 1.� An amount equal to 45.6 percent of the cost of constructing the following
cooperative mainline storm sewer and mainline structures under State Pro3ect No.
6242-17:
Alon� the tiyest �'rontage Road (�`ustis Street� from bZanhole No. ?'TB (at Territorial Road}
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r,o»therl;; via :��.nhol�^ �lo. 72i�, Ido. 71C� iio. 55� and I�1o. 51C to inplace r��1nhole No. 51;
Alon�; thc ::��.��; i'ronta�;e :�oad (Cror�v�ell Avenue� from P,Ianhole PTo. 61B ,outherly via
.-ianholc I1o. 53�-'' and inplace Catch Basin T�o. 5� to LI��,nhole Tio. 5�3G and �roz� said /
��:anhole ito. 5�3G westerly to inplace i,��.nhole 110. 7;
Alon�; '_�'ranklin Avenue i'rom 1�tAnhole P1o. 5f3i-� Westerly to T�ianhole No. 58i�.
(Ite�a 2.) An �ount equal to 45.6 percent of the difference in the ori�inml contract
unit price of �he pla.�ned I:anhole i:o. 7 �•,zth a 24-inch diameter drop shaft and the
cost o� constructing t�ne revised i�ianhole 2v'o. 7 v�ith a 30-inch diarseter drop shaft
under �tate Pro�ect Ido. 6242-43 (the ne�otiated unit price for the said revised
r.�zinhole is contained in the supplement to the construetion contract - see Page 14
of said "�hibit I" for a detailed e�:planation).
(Item 3.� An amount equa,l to 4� percent of the cost of constructing the following man-
hole� catch basins and leads under Sta,te Project Zdo. 6242-17:
Along the �'�est �'rontage Road (�zstis Street� intersections of:
Territorial 3oad - Catch Basin ldo. 77C and its leads to I�+'Ianhole No. 778;
, University Avenue - Catch Basin No. 72E and its lead to r�Ianhole No. 72C�
Catch �3asin Plo. 72D and its lead to T�Tanhole No. 72C� Ida,nhole No. ?2C and
its lead to I�Tanhole Plo. 72F� and the lead from inplace Catch Basin No. 71B
to i�tanhole No. 71C;
Franklin Avenue - Catch Basin No. 51B and its lead to Catch ]3asin Plo. 5]A�
Catch �asin Tdo. 51A and its lead� to I.1a,nhole No. 51C� and the lead from in-
place Catch Basin No. 55A to I+lanhole No. 55c.
Along the �ast Fronta�e I�oad (Cromwell Avenue� interaections of:
University Avenue -Catch Basin IJo. 65D ancl ita lead to Catch Basin. No. 65B'
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Catch ='a^in ;:o. F5� and its lead to Catch �3asin PSo. 65C� Catch 13asin j1o.
G5�' and it:> lead to CS�C�1 i'iasin :�?o. 61A� and C�,tch Basin No. 6]�1 and its
lcad to :;anhole �:o. 618;
r'r<in;clin 1+venue - Catch :�3asin 1�0. 58Is and its lead �o C�,tch �a�in ito. 58I��
Catch 3asin :io. 5BD and its lead to i�:anhole I1o. 5E31''� and the lead from in-
place Catch :3a�in ldo. 60A to i;i�nhole I�o. 58H.
(Ite:� 4. ) An �nount equal to 100 percent of the cost of constructing the 24-inch storm
se��er stub to mainline P�ianhole I1o. 58H on Fr�nklin Avenue for the exclusive future use
by the City.
aection �3.
In addition to payment of said percentages of storm se�ver construction costs� the City
shall also pay to the State an amount equal to 8 percent of the amount computed as the
City'� share of said construction costs� it being understood that said additional pay-
ment by the City is the City's proportionate share of engineering costs incurred by
the atate in connection therewith.
Section C.
It is understood that in order to be eligible for cost sharing on the basis set forth
in this a�reeraent� supple�ental construction agreements must be approved by the City
L4��ineer and settlements with the contractor must be approved by the City Attorney.
ARTICL� III - PAYPrI:.i'�TT BY ^1HL CITY
5ection A.
It is estir�ated that the City�s cost share of the cooperative and 100 percent City cost
storm aewer construction to be done and performed under State Pro�ects No. 6242-17 and
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�.o. ���?-43 (�'.��• 2`?0� in accord�.nce �•.�th ��rticle I hereoi and includin�; :�aid F3 percent
c,l��re o;' cons��zic�ion en�ineer�.n; co�,t� is the sum of :�19,700.93. The City a�;rees
to adva.nce to the Co::u:lis.�iOT�ex' of 11i�';h�•.�a.yU Uaid ,tua of a19r700.93 forth�•rith upon the
c,:ecuti.on oi t'.ii� a�reeraent �.nd upon receipt of. a request fron the State for such �
adva.nce �a;;�rae�t. Z1pon the cor.lpletion and acceptance of the ��+ork provided for in the
said contract �nd suPpler.�ent thereto t'or �tate P.r.oject:� ITo. 624i-31, No. 6?_42-17 and
1�0. 6242-43 (T.:i. 280� and the preparation by the State of a final estiznate computing
and deter,ainin�; the amoiuit due the contractor performing the rvork� the CpI.']Ii11SSioner
of 3iiLh�.�.y.:, shall deterraine� based on final quantities of �vork performedy and compute
at contract r�.nd supplemental contract bid and ne�otia.ted prices the amount due the
Trunk Iii�hti��ay Fund of the State of Ivlinnesota.� hereunder from the City. After the
Cor,m�issioner of fiighr•�a.ys shall have determined as aforesaid the actual amount due
froi7 the City� he shall apply on the payment thereof as much as rsay be neces�ary of
said sum of �a19�700.98 paid by the City. If the amount found due from the City shall
be less th�n said sum of w19�700.98� then� and in that event� the balance of said
sum shall be returned to the City vrithout interest. If the a.mount so tound due from
the City shall exceed the sum of a199700.98� the City agrees to promptly pay the
State the difference between the said amount found due and said sum of �T99700.980
Section 13.
It is further agreed that the aforesaid comput�.tion and deterraina.tion by the Com-
mis�ioner of Hi��vays of the arnount due from the City hereunder shall be fina,ly
binding and conclusiveo It is further agreed that the acceptance by the State of
the �aid completed stoxm sewer work provided for in said plans� specifications and
special provisions to be performed under contract as aforesaid shall be fina,l� binding
and conclueive upon the City aa to the satisfactory completion of said worko
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A; i'I�;T, J " - �: ��"�I., r.?O�JI:�IOii�
:��cti.o7 ,'1.
'i'he Cit;� �nd �he �tate :ha].1 have the continuing rir}�t to outlet stor��► vr-_l�;er draina�e
into th�� :�to�^.:: se�.�er �acilitie� to be con�txucted in accordance �vith Article I
hereo°. It i� a�reed� ho��ever� that the City and the State shall not drain �.r�y area
into said sto� seti�:er facilitie; t'�at is not included in the drainage area for �•thich
s�.id stor.7 sev�er facilities c,ere desi�n�ted rvithout first obt�.ining permission to do
so from the other party.
Sectiorl �.
In consideration of the State sllaring in part of the co�t of constructing the joint-
u�e sto �, se�ver �acilities in accordance rvith Article I hereof� the City agrees to .
thereafter properly Maintain all oi the said stoxm se�ver facilities conatructed here-
under rzlong and ad�acent to the 1'lest Frontage �oad (Eustis Street�� the �%ast Frontage
Road (Cro�v�ell Avenue) and l�ranklin Avenue except the revised b2a.nhole No. 7 (which
the State will mp.intain� without cost or expense to the State.
Section C.
The City indemnifies� saves and holds hax7ale�s the State and all of its agents and
employees of and from any and all claims� demands9 actions or causes of action of what-
soever rrza.ture or character arisin� out of or by reason of the execution or performance
of the m�.intenance work or services provided for herein� and further agrees to defend
at ite own sole co�t and e�.-pense an,y action or proceeding commenced for the purpase
of asserting any claim of whatsoever character arisin� as a re�ult of the maintenance
work or services to be performed hereunder.
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•�!?C'i 7.��Y1 J,
I t iU luri;tler s,�reed 1;nat any and all eraployees of the City and all othe.r per�ons
�;,�ployed by 1;he City in the perioxnance of ar�y vrork or services required or provided
for herein shall not be con,idered employees of the State and that any and all claims
that r.ia.y or mi�ht arise under the ti��'orl�en's Compensation Act of the State of �iinnesota
on behalf of said employP,@S �rhile so en�a�ed and any and all clai.ms made by any third
pa.rtiea as a consequence of any act or omission on the part o� said City employees.
v�hile so en�aged on ar�y of the work or services provided to be rendered herein shall
in no �va3� be the obligation or responsibility of the State.
A:{TICI,:, V - APi:;OVAL
r
Before this agreement shall become binding and effective' it shall be approved by
resolution of the City Council o� the City and shall also receive the approval of
such State officers as the law may provi.de in addition to the Commissioner of Hig�-
wt3ys.
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* 5667�3
i' --- ---- -: _ :._...�:._ ���.� _.r�ie _ :,ve dal�r e::ecut�3 tnis a�ree��ent by their dul;�
autho'.�IZ°Cl o�'ficer:� and caused their. re.�pective seals to be hereunto aff.ixed.
Cou.nterci f;ned: � �
C I 1^Y U'r' ST. PA UI,
:�-
y Cit�- C�,.p�roller
By
P,Iayor
Attest:
By ..
Commissioner of Public �7orks
�3y
City Clerk
Approved as to form: (City Seal�
�y
�,�,4,��, orporat o o zc� 1
D:�PAitli:i,�?T OP HIGH'�iAY; STAT� OF I'+TINIJE:�O^lA
Recoulimended for approva,l:
� �� Iiy
�'� -- �..L_�,/ O Deputy CommiUsioner of Hi�,hways
�, By , �«_ -,� ,C
�joad �esi�;n ~' n�er �
Da.te
Date of Agreement
�y
District Ln�ineer
Approved:
�y Commia�ioner of Adminiotration
A�3it�tant Commincioner -
vesign and Hi�ht of �7ay
By
Authorized Signature
Approved as to form and execution:
Date
By
apecial A;,sistant Attorney General
State of I�Iinnesota
�
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o�.,�,�,��,�R ! 252�53
. � - CITY OF ST. PAUL �unca NO
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—�GENERAL FORM
PRESENTED!T
COMMISSIONFR DATR
�1.S�RD� T�t t� p�p�x' t�.ty ot�iCi�s ar� �Sb�?' elw�Oi"f.ild
to as�t�.�c int�► ,a�ad �t� �ur� �s�s�n� brrt�aw�a� t� C�.�g► �i' Sa�n�
P�wtl.� �t3x� Ctl��'ot�,gl� lta D���t� c�f Pts�►l�.c S�tk�i at�$ tht
Mtnxasot�a �ti�OaaY DsPaar"�, !�� +ca�ast�cti�ctian b� t� 8t+a� a!
joint-uMS s�arr fa�r.ilit�� �i+c�g tt�a► w��t l�raate,� �md ct �'rcn�t
Hi� No. Z84 fxo�oa Tts�i�.orial R,�d �o F�ran�li� A�.
4 L�.�.,. . - � .. .
F�g 2 t971 .
COUNCILMEN Adopted by the Cann�;l 19—.
Yeae Naqs
Bu�� �EB a �s71
Carlson Approve� 19_.
�°�e Favor
�th-" �
Maya�
; A gainst
Tedesco �
���
Mr. Vice President Meredith
��
t
�. . ' ��'.�� � �.��.� �
�; �
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STATE OF MINNESOTA
DEPARTMENT OF HIGHWAYS
ST. PAUL, MINN. 55101
April 6, 1971
Mr. Harry E. Marshall
City Clerk
City of St. Paul
City Hall
St. Paul, Minnesota 55102
ATTN: Mr. Richard A. Schnarr
City Engineer
In reply refer to: 330
Coop. Const. Agree. No. 56678
City of St. Paul
S.P. 6242-17 & 43 (T.H. 280)
Fed. Proj. Minn. U 047-1(36)
Storm Sewer Construction along T.H. 280
E, and W. Frontage Roads in St. Paul
Dear Mr. Ma.rshall:
Transmitted herewith are two copies (one with original signatures and one
xerox copy) of the fully executed subject agreement between this depart-
ment and the City of St. Paul relative to the construction by the State of
joint-use storm sewer facilities along the West Frontage Road of Trunk
Highway No. 280 from Territorial Road to Franklin Avenue, along the East
Frontage Road of Trunk Highway No. 280 from University Avenue to Franklin
Avenue and along Franklin Avenue from the East Frontage Road to approx-
imately 100 feet east of said frontage road which includes a mainline
stub exclusively for future City use. Said storm sewer construction is
to be performed as part of the Trunk Highway No. 280 construction on
State Projects No. 6242-17 and No. 6242-43. In addition, the agreement
provides for the City to pay its share of the aforesaid storm sewer con-
struction in accordance with Articles II and III of the agreement.
Article III, Section A of the agreement provides for the City to advance
to the Commissioner of Highways the sum of $19,700.98, the City's estimated
cost share of the aforesaid storm sewer construction plus an amount equal
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� Harry E. Marshall
April 6, 1971
Page 2
to 8 percent of said cost share for construction engineering, forthwith
upon the execution of the agreement and upon receipt of a request from
the State for such advance payment.
These agreement copies may be retained for the City's use.
Sincerely,
Leo A. Korth
Assistant Commissioner, Design and Right of Way
�-'�: � ����.�-�.,
By: D. T. Dunshee
Municipal Engineer
Enclosures:
Agreement