04-11CITY OF ST. PAUL
FINAL ORDER
COUN FILE O. O'l��` �'{
By���
File No. Gateway
Voting
In the Matter of making critical bridge repairs and aesthetic improvements to
five bridges along Fort Road/Hwy 5 from Fort Snelling to Munster Avenue and
on Shepard Road over Fort Road to be known as the Historic Fort Road Gateway
Project.
Also, authorizing the proper City officials to execute project agreements
with the State of Minnesota.
under Preliminary Order /1.�'- fll��/ approved _%l c��.. /O, a�d�
The Council of the City of Saint Paul has conducted a public hearing
upon the above improvement, due notice thereof having been given as
prescribed by the City Charter; and
WHEREAS, The Council has heard all persons, objections and
recommendations pertaining to said proposed improvement and has fully
considered the same; now, there£ore, be it
RESOLVED, That the Council of the City of Saint Paul does hereby order
that the above-described improvement be made, and the proper City officers
are hereby directed and authorized to proceed with the improvement; and be it
FURTHER RESOLVED, That upon the completion of said improvement, the
proper City officers shall calculate all expenses incurred therein and shall
report the same to the City Council in accordance with Chapter 14 of the City
Charter.
COUNCILPERSONS
Yeas Nays
t/ Benanav
� �> d3'JDn/yGUm�cy�
� Bostrom �/ ; �
�/ r^,�°*^�� �/NVrJ°�
�/ Harris �In Favor
✓ Helgen
�/ Lantry �/ Against
Adopted by the Council: Date /L/.�i�. ��//O��
Certified Passed by the Council Secretary
�L��/.'G '75�f1lit.'7i -
• � Green Sheet Green �t
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Green Sheet Green Sheet Green Sheet Green
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Departmentlofficelcouncil: Date Initiated:
Pw -�bt,�wo�,� 26NOV-03 Green Sheet NO: 3008534
Contact Person 8 Phone: DepartmeM Sent To Person y nitiaVDate
Kevin Nelson � 0 u lic Wor Y� �� 1 0�'
2666�82 Assign 1 o ncil Ma Erickson
Must Be on Council Agenda by (Date): Number 2 i lerk hari M re
17-DEG03 For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Set date of public hearing and approve the Final Order to improve 5 bridges along Fort Road/Hwy 5 from Fort Snelling to Munster
Avenue and on Shepard Road over Fort Road.
File No. Gateway
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a conVact tor this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill noi normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
MNDOT has scheduled to do repaus on all five bridges. The neighborhood, in addiuon, initiated a project to enhance the railings,
lighting and landscaping.
Advantages If Approved:
By doing the repa'us and aesthetic improvements together in one project is more economical.
DisadvantapeslfApproved:
Traffic will be restricted during the construction season in 2004.
Disadvantages If Not Approved:
MNDOT would be doing the repairs regardless of the Ciry's actions.
Total Amount of
Trensaction: �j87�000 CosURevenue Budgeted: Y
Funding Source: City Of St. Paul 8nd Activity Number:
Financiallnformation: MNDOT
(Explain)
CITY OF ST. PAUL
PRELIMINARY ORDER
COUN FILE NO. ��"' 1
B y� "�
File No. Gatewav
Voting
a`�-� i
� ♦
In the Matter of making critical bridge repairs and aesthetic improvements to
five bridges along Fort Road/Hwy 5 from Fort Snelling to Munster Avenue and
on Shepard Road over Fort Road to be known as the Historic Fort Road Gateway
Project.
Also, authorizing the proper City officials to execute project agreements
with the State of Minnesota.
The Council of the City of Saint Paul having received the report of the
Mayor upon the above improvement, and having considered said report, hereby
resolves:
1. That the said report and the same is hereby approve with no
alternatives, and that the estimated cost thereof is $3,870,000.00, financed
by the City of Saint Paul and b'II�DOT.
2. That a public hearing be had on said improvement on the 7th dav of
January, 2004, at 5•30 o'clock p m, in the Council Chambers of the City Hall
and Court House Building in the City of Saint Paul.
3. That notice of said public hearing be given to the persons and in the
manner provided by the Charter, stating the time and place of hearing, the
nature of the improvement and the total cost thereof as estimated.
COUNCILPERSONS
Yeas Nays
;/ Benanav
,/ Blakey
,/ Bostrom
�/ Coleman
,/ Aarris
,/ Helgen
,/ Lantry
�In Favor
� Against
Adopted by the Council: Date_�G�D.�
Certified Passed by the Council Secretary
BY�iI� l //,i/l iJ.�'
Mayor
���r i
SUMMARY OF ENGINEERING RECOMMENDATIONS
GATEWAY (FORT ROAD/HWY 5) BRIDGE IMPROVEMENTS
from Fort Snelling to Munster Ave and on Shepard Road over Fort Road
City Proj ect P-1237
Bridge Nos. 9300, 9489, 9490, 9155, 27027
Report Prepazed 10/30/2003
Public Hearing - To Be Scheduled
PROJECT:
This project is a combination of critical bridge repairs and aesthetic improvements to 5 bridges
along Fort Road upon entering the City from the south, called the Historic Fort Road Gateway
Project.
EXISTING CONDITION:
The bridges included in this contract were all scheduled for repairs by MNDOT:
Br. 9300 - The modular expansion joints are leaking and in need of replacement. Some repairs
are also necessary far 5% of the deck slab and minor repairs to the concrete railings.
Br. 9489 & 9490 - The concrete barrier rails are in poor condition and in need of replacement.
Several cracks, spalls and delaminations in the bridge walk require milling and concrete overlay.
The bridge fascia are delaminated and have exposed reinforcing steel.
Br. 9155 & 27027 - The tunnel wall tiles have deteriorated and need to be replace. The adjoining
concrete stairway is spalling and in need of repair.
The bridges are all fairly utilitarian and were designed to a freeway type standard.
PROPOSED IMPROVEMENTS:
MNDOT had plans to make structural and functional repairs to all of the bridges in this proj ect.
The neighborhood, in addition, iniriated a project to also enhance the railings, lighting and
landscaping in this vicinity. The proposed project "narrows" the roadway approach to the City to
give it the appeazance of an urban setting rather than the present "freewa}�' look.
Work includes:
Bridge 9300 (Nlississippi River bridge) - Replace expansion joints, replace railings, replace
lighting, replace drainage structures.
Bridges 9489, 9490 - Replace railings, replace lighting, overlay bridge walk, repair fascia.
Bridges 9155, 27027 - Repair twuiel walls, repair stairway
Lanscaping and replace lighting on approaches to the bridges.
A rendering of the existing and proposed condirion is attached.
ALTERNATIVES:
MnDOT would be doing the functional repairs regardless of the City's actions. Delaying the
project is not an option because of the need for functional repairs.
p��� i
The aesthetic treahnents could be postponed as a separate project. However, some of the
proposed improvements would sunply not be possible to build. And, the improvements that
could be done would be nearly twice as expensive because they are not tied to a lazger project.
POSTTVE BENEFITS:
The proposed design combines functional and aesthetic treahnents in one project which is more
economical. The roadway will ha�e a St. Paul urban look with the lantern style lighting and
ornamental railings rather than the present "freewa}�' look. Necessary repairs will be made to 5
bridge structures, maintaiiung their functionality.
ADVERSE EFFECTS:
Traffic will be restricted during the construcrion season in 2004. There are no long term adverse
effects. We do not anticipate that there will be significant increases in maintenance costs to the
City or the State.
TIME SCHEDULE:
It is intended to awazd a contract in December of 2003 and complete the work by December of
2004.
COST and FLJNDING:
COST ESTIMATE-Citv Portion
Construcrion $1,440,000
Right of Way $0
Misc. $250,000
En �na eering (18% $305,000
Total $1,995,000
FINANCING-City Portion
CIB $85,000
MSA $875,000
Federal $780,000
Tnxnk Hwv 335 000
Total $1,995,000
COST ESTIMATE-MNDOT Portion
$1,250,000
$0
$250,000
$375,000 (estimated 25%)
$1,875,000
FINANCING-MNDOT Portion
$1,875.000
$1,875,000
ADDITIONAL INFORMATION
Far additional information, contact Kevin Nelson, City Bridge Engineer, 266-6182
Si IMMARY and RECOMMENDATION:
The Department of Public Works feels that this is an opportune time to do this proj ect in
cooperation with the State of MN. We recommend approval of this project.
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STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
METRO DISTRICT
Mn/DOT Agreement No. 85832-P
S. P. 164-010-54 etc.
The State of Minnesota
Department of Transportation, and
The Citv of Saint Paul. Minnesota
Re: City cost contract administration and construction
engineering by the State for the TH5—Gateway project in
Saint Paul.
Amount Encumbered
(none)
Estimated Amount
Receivable
$115.271.11
THIS AGREEMENT is made and entered into by the State of Minnesota, through its
Commissioner of Transportation ("State"), and the City of Saint Paul, Minnesota, acting by and
through its City Council ("City").
D ��I
WHEREAS, the City is about to perform roadway construction on TH 5 within the limits shown on
City prepared plans, specifications, and special provisions and designated by the State as State
Project No. SP's 2732-9155, 2732-2707, 6201-9300A, 6201-9489, and 6201-9490, and by the City
as State Aid Project No. S.P 164-010-54 and CP 03-P-1234, ("Construction"); and
WHEREAS, the City has requested that the State perform the contract administration and
construction engineering in connection with the Construction, and the State is willing to provide
such service provided the State is reasonably compensated for such services; and
WHEREAS, the City has expressed its willingness to pay the State as for the contract
administration and construction engineering; and
1 of 6
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Mn/DOT Agreement No. 84563-P
WHEREAS, pursuant to Minnesota Statutes Section 174.02, subdivision 6, the Commissioner of
Transportation may enter into agreements with other govemmental or non-govemmental entities
for research and experimentation; for sharing facilities, equipment, staff, data, or other means of
providing transportation related services; or for other cooperative programs that provide
efficiencies in providing govemmental services or that further develop innovation in transportation
for the benefit of the citizens of Minnesota; and
WHEREAS, pursuant to Minnesota Statutes Section 477.59, subdivision 1, two govemmental units
may enter into an agreement to cooperatively exercise any power common to the contracting
parties, and one of the participating governmental units may exercise one of its powers on behalf
of the other govemmental unit.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I— TERMS OF AGREEMENT
This agreement will be effective upon execution and approval by the appropriate City and State
officials pursuant to Minnesota law and shall remain in effect until the completion of City let
Construction Project SP 164-010-54 etc., but no later than three years after the effective date. City
let construction project SP 164-010-54 is scheduled to begin on December 1, 2003 and be
completed by December 1, 2006.
ARTICLE 11 - PERFORMANCE OF CONTRACT ADMINISTRATION AND CONSTRUCTION
ENGINEERING
A. Upon request of the City, the State will perForm contract administration and construction
engineering in the manner currently used by the State.
B. At any time before both parties agree on a time schedule, each party to this Agreement may
terminate this Agreement. Termination of the Agreement must be accomplished by serving a
written notice upon the other's authorized agent.
C. The State will provide all labor, equipment, and materials necessary to perform the contract
administration and construction engineering.
D. All inspection, control of materials, and associated documentation for the Construction to be
pertormed in accordance with the Construction plans, specifications, and/or special provisions
will be the responsibiliiy of the State's engineer assigned to the Construction.
2 of 6
D'f �I
Mn/DOT Agreement No. 84563-P
E. At regular intervals after the City's contractor has started the Construction, the State will
prepare partial estimates of construction costs in accordance with the terms of the construction
contract. Immediately after the preparation of each partial estimate, the State's engineer
assigned to the Construction will submit the partial estimate to the City. The State will also
prepare the final construction cost data for the Construction and submit the final construction
cost data to the City.
F. City concurrence must be obtained before the State authorizes Change Orders, Work Orders,
and/or Supplemental Agreements that sign�cantly increase the City's cost participation. City
will concur with, or object to, authorization of additional work within 24 hours of notification by
State that additional work is deemed necessary.
ARTICLE III - PAYMENT OF CITY COST SHARE
Section A. Advancement of the Citv's Cost Share
As payment for the contract administration and construction engineering services performed by the
State, the City will pay $115,271.11 to the State, which is eight percent of the City's estimated cost
of the Construction to be pertormed under this Agreement.
Prior to the State performing any contract administration and construction engineering for the
Construction covered under this Agreement, and after the following conditions have been met, the
City must advance to the Commissioner of Transportation the City's total estimated contract
administration and construction engineering cost share of $115,271.11:
The State executes and approves this Agreement and sends a copy to the City.
2. The City receives a written request from the State for the advancement of funds.
ARTICLE IV - GENERAL PROVISIONS
Section A. Riqht-of-Wav, Easements and Permits
The City must, without cost or expense to the State, obtain all rights-of-way, easements,
construction permits, and any other permits and sanctions that may be required in connection with
the City share of the Construction.
3 of 6
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!
Mn/DOT Agreement No. 84563-P
Section B. Examination of Books. Records and Accountinq Procedures
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents,
and accounting procedures and practices of the State and the City relevant to this Agreement are
subject to examination by the Minnesota Department of Transportation Auditor, the City Auditor,
the Legislative Auditor, and the State of Minnesota Auditor, as appropriate, for a minimum of six
years from the expiration of this agreement.
Section C. Liabilitv
Each party to this Agreement will be responsible for its own acts and omissions, the acts and
omissions of its employees, and the results thereof to the extent authorized by law, and will not be
responsible for the acts and omissions of the other party or its employees and the results thereof.
The State's liability will be governed by the provisions of Minnesota Statutes Section 3.736 and
other applicable law. The City's liability will be governed by the provisions of the Municipal Tort
Claims Act, Minnesota Statutes Chapter 466 and other applicable law.
Section D. Extent of Aqreement
This entire Agreement between the State and the City is contained herein. This Agreement
supersedes all oral agreements and negotiations between the State and the City relating to the
subject matter hereof. All items referred to in this Agreement are made a part hereof by reference
with the same force and effect as though fully set forth herein.
Section E. Amendments
Any amendments to this Agreement must be in writing and must be executed by the same parties
that executed the original Agreement, or their successors in o�ce.
Section F. Counteruarts
This Agreement may be executed in one or more counterparts, each of which will be deemed to
be an original, but all of which together will constitute one and the same agreement.
Section G. Data Practices
The parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided by or to a party pursuant to this agreement.
4 of 6
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Mv/DOT Agreement No. 84563-P
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of this Agreement is the
Resident Engineer, Oakdale, or his/her successor. The current address and phone number is
3485 Hadley Avenue North, Oakdale, MN 55128, (651) 779-5048.
The Cit�s Authorized Agent for the purpose of the administration of this Agreement is the Saint
Paul Bridge Engineer, his/her successor. The curcent address and phone number is Bridge
Division, 25 West Fourth Street, CHA 1000, Saint Paul, MN 55102, (651) 266-6182.
ARTICLE V1 — TERMINATION
This contract may be terminated by Mn/DOT or the Commissioner of Administration at any
time, with or without cause, immediately upon written notice to the other's authorized agent.
2. In the event that Mn/DOT and/or the City cannot or does not obtain funding from the
Minnesota Legislature, or funding cannot be continued at a level sufficient to allow for the
purchasing or providing of services and/or goods contained herein, this Agreement may be
immediately cancelled, at either party's option, by written notice of cancellation delivered in
person, by mail, or via facsimile to Mn/DOT or City at the address specified in this
Agreement.
3. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed. The State will promptly refund any funds advanced by the
City which exceed the amount due the State.
5 of 6
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Mn/DOT Agreement No. 84563-P
IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers.
CITY OF SAINT PAUL
Recommended
By: _
Title:
Date:
Approved:
By:
Title:
Date:
Approved:
By:
Title:
Date:
Approved:
By:
Titie:
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
Approved as to Form and Execution
By:
Date:
DEPARTMENT OF ADMINISTRATION
By:
Date:
Date:
<>o<> <>oo<> 0000 <>o<><><> 0 000<>000<><>o<><><>oo<><><><><><
State of Minnesota
County of _
This Agreement was acknowledged before me this
, 200_,
by
(Name)
day of
and
(Name)
the and ofthe County of
(Title) (Title)
, Minnesota, and executed this Agreement on behalf of the County intending to
be bound thereby.
Notary Public
My Commission Expires
6 of 6
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PRE-LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
S.P. 2732-9155
S.P. 2732-27027
S.P. 6201-9300A
S.P. 6201-9489
S.P. 6201-9490
S.P. 164-010-54
C.P. P1234
Fed. Proj. No.
The State of Minnesota
Department of Transportation, and
The City of St. Paul
Re: State cost railing, lighting,
and bridge repair construction
by the City on T.H. 5 over the
Mississippi River
Mn/DOT
AGREEMENT NO.
85829
(T.H. 5=111)
(T.H. 5=111)
(T.H. 5=111)
(T.H. 5=111)
(T.H. 5=111)
TEAX 6202(104)
ORIGINAL
AMOUNT ENCUMBERED
$1,400,679.94
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of St. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
1
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WHEREAS, the City is about to perform lighting, landscaping and
bridge rehabilitation construction and other associated construction
upon, along and adjacent to Trunk Highway No. 5 from Fort Snelling
State Park to Munster Avenue and on Shepard Road over Trunk Highway
No. 5 in accordance with City-prepared plans, specifications and
special provisions designated by the City as City Project No. P1234
and by the State as State Projects No. 164-010-54, No. 2732-9155,
No. 2732-27072, No. 6201-9300A, No. 6201-9489 No. 6201-9490
(T.H. 5=111); and
WHEREAS, the City has requested participation by the State in the
costs of the bridge rehabilitation construction; and
WHEREAS, the State is willing to participate in the costs of the
bridge rehabilitation construction as hereinafter set forth; and
WHEREAS, the State will be performing the construction engineering
which will be covered in Partnership Agreement 85832-P between the
City and the State; and
WHEREAS, maintenance for the ornamental lighting, bridge railing, and
walkways on Bridges No. 9300, No. 9490, and No. 9489 will be covered
in Maintenance Agreement No. 85853 between the City and the State;
and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the trunk highway system.
P.l
D`��[ I
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IT IS, THERPsFORE, MUTUALLY AGRELD AS FOLLOWS:
ARTICLL 2- CONSTRUCTION BY THE CITY
Section A. Contraet Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State-approved City plans,
specifications and special provisions designated by the City as City
Project No. P1234 and by the State as State Project No. 2732-9155
(T.A. 5-111). The contract construction shall be performed in
accordance with State-approved City plans, specifications and special
provisions that are on file in the office of the City's Engineer, and
are incorporated into this Agreement by reference.
Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's State Aid Agreements Engineer at
Roseville a copy of the low bid and an abstract of all bids together
with the City's request for concurrence by the State in the award of
the construction contract. The City shall not award the construction
contract until the State advises the City in writing of its
concurrence therein.
Section C. Rejection of Bids
The City may reject and the State may require the City to reject any
or all bids for the construction contract. The party rejecting or
requiring the rejection of bids must provide the other party written
notice of that rejection or requirement for rejection no later than
30 days after opening bids. Upon the rejection of all bids pursuant
to this section, a party may request, in writing, that the bidding
process be repeated. Upon the other party's written approval of such
request, the City will repeat the bidding process in a reasonable
period of time, without cost or expense to the State.
3
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Section D. Supervision of Construction
The contract construction shall be under the supervision of the City;
however, the City shall utilize the services of a registered
professional engineer to be furnished by the State as provided in
Article II, Section A. of this Agreement. The City shall give the
State Aid Agreements Engineer five days notice of its intention to
start the contract construction.
Section Ps. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State District Engineer's
authorized representative at Roseville, for unavoidable delays
encountered in the performance thereof.
Section F. Plan Changes and Additioaal Construction
All changes in the plans, specifications and special provisions for
the contract construction must be approved in writing by the State
District Engineer's authorized representative.
All addenda, change orders and supplemental agreements entered into
by the City and its contractor for contract construction must first
be approved in writing by the State's engineer furnished in
accordance with Article II, Section A. of this Agreement.
Section G. Compliance with Laws, Ordinances and Regulatioas
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations.
�
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Section A. Right-of-Way, Sasements and Permits
The City shall, without cost or e�ense to the State, obtain all
rights-of-way, easements, construction permits and any other permits
and sanctions that may be required in connection with the contract
construction. Prior to advance payment by the State, the City shall
furnish the State with certified copies of the documents for those
rights-of-way and easements, and certified copies of those
construction permits and other permits and sanctions required for the
contract construction.
��-i i
ARTICLE II - CONSTRUCTION ENGINEERING
Section A. State Furnished Sngineering Services
The State shall furnish a registered professional engineer for the
construction engineering to be performed in connection with the
contract construction under Partnership Agreement 85832-P between the
City and the State. The State's engineer shall actively supervise
and direct all construction engineering, surveying, staking,
inspection, testing and associated documentation as required for the
contract construction. The State shall also furnish other personnel,
services, supplies and equipment as shall be necessary to properly
carry out its construction engineering responsibilities, in
accordance with Partnership Agreement No. 85832-P.
The contract construction shall be performed in accordance with the
State-approved City plans,-specifications and special provisions.
The control of materials for the contract construction shall be
carried out in accordance with Specifications No. 1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction".
The State's engineer may make minor changes in the cdntract
construction which are reasonably necessary, advantageous, or
5
��
desirable to cause the contract construction to be in all things
performed and completed in a satisfactory manner. All change orders
and supplemental agreements required to implement such changes to the
contract construction shall be negotiated and prepared by the State's
engineer and submitted to the City for execution in accordance with
Article I, Section F. of this Agreement.
Section B. Partial and Final Estimates of Construction
At regular intervals during the contract construction, the State
shall prepare and certify partial cost estimates for completed
contract construction in accordance with the terms of the
construction contract. The State shall also prepare the final
estimate data for the contract construction. Immediately after the
preparation of each partial and final estimate, the State shall
submit the estimate to the City. Quantities listed on the partial
and final estimates shall be documented in accordance with the
guidelines set forth in the applicable documentation manual. The
City shall make all payments to the contractor for completed
certified contract construction.
ARTICLE III - BASIS OF PAYMENT BY THL STATE
Section A. SCHSDIILS "I"
A Preliminary SCHEDULE "I" is attached and incorporated into this
Agreement. The Preliminary SCHEDULE "I" includes all anticipated
State cost participation cost share construction covered under this
Agreement.
Section B. State Cost Participation Construction
The State shall participate in the bridge rehabilitation construction
items for Bridges No. 9155, No. 27027, No. 9300, No. 9489, and
No. 9490 to be performed upon, along and adjacent to Trunk Highway
No. 5 from Fort Snelling State Park to Shepard Road within the
0
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corporate City limits under State Projects No. 2732-955,
No. 2732-27027, No. 6201-9300A, No. 6201-9489, and No. 6201-9490
(T.H. 5=111). The construction includes, but is not limited to,
those construction items as tabulated on Sheets No. 2 thru No. 6 of
the attached Preliminary SCHEDULE "I". The construction includes the
State's proportionate share of item costs for mobilization, field
office, traffic control, and the cross over plan. The State will
also participate in shared construction items on Bridges No. 9489 and
No. 9490 in two lump sum amounts of $53,000.00 as shown on Sheet
No. 1 of the attached Preliminary Schedule "I".
Section C. Addenda, Change Orders and Supplemental Agreements
The State shall share in the costs of construction contract addenda,
change orders and supplemental agreements that are necessary to
complete the State cost participation construction (except for those
construction items included in the two lump sum payments for Bridges
No. 9489, and No. 9490) covered under this Agreement and that have
been approved in writing by the State District Engineer's authorized
representative.
Section D. Liquidated Damages
All liquidated damages assessed the City's contractor in connection
with the construction contract shall result in a credit shared by
each party in the same proportion as their total construction cost
share covered under this Agreement is to the total contraet
construction cost before any deduction for liquidated damages.
ARTICLE IV - PAYMENT BY THE STATE
Section A. Fstimate and Advancement of the State's Cost Share
It is estimated that the State's share of the costs of the contract
construction cost share and a$15�,000.�o contingency amount is the
sum of $1,400,679.94 as shown in the attached Preliminary
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SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared
using estimated unit prices. Upon receipt and review of the
construction contract bid documents described in Article I,
Section B. of this Agreement, the State shall then decide whether to
concur in the City's award of the construction contract and, if so,
prepare a Revised SCHEDULE "I" based on construction contract unit
prices. The contingency amount is provided to cover overruns of the
plans estimated quantities of State cost participation construction
and State-approved additional construction including construction
engineering costs.
After the following conditions have been met, the State shall advance
to the City the State's total estimated construction cost share,
which does not include the contingency amount, as shown in the
Revised SCHEDULE "I��:
1. Encumbrance by the State of the State's total estimated
construction cost share and the contingency amount, as shown in
the Revised SCHEDULE "I".
2. Receipt by the State from the City of certified documentation for
all of the right-of-way and easement acquisition required for
State cost participation construction covered under this
Agreement, and the approval of that documentation by the State's
Land Management Director at St. Paul.
3. Execution and approval of this Agreement and the State's
transmittal of it to the City along with a copy of the Revised
SCHEDULE "I" and a letter advising the City of the State's
concurrence in the award of the construction contract.
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4. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
Sectioa B. Construction Costs Exceeding Bncumbered Amount
Whenever it appears the cost of the State participation construction
covered under this Agreement is about to exceed the current amount of
encumbered State funds, the State's engineer supervising the contract
construction shall notify the State Division Engineer's authorized
representative in writing prior to performance of the additional
State cost participation construction. Notification shall include an
estimate in the amount of additional funds necessary to complete the
State cost participation construction and the reason(s) why the
current amount encumbered will be exceeded. The State sY�all, upon
its approval of the additional State cost participation construction,
encumber the necessary additional funds. That action will have the
effect of amending this Agreement so as to include the State's share
of the costs of the additional construction.
Should additional contract construction be performed which would
otherwise qualify for State cost participation covered under this
Agreement, but for which the State has not previously encumbered
funds, the State's engineer supervisi�g the contract construction
shall notify the State Division Engineer's authorized representative
and the City in writing of the additional State cost participation
construction. Notification shall include an estimate in the amount
of additional funds necessary to cover the additional State cost
participation construction and the reason(s) why the current amount
encumbered was exceeded. That notification along with a request for
encumbrance of the necessary additional funds shall be submitted to
the State's Budget Section for review of compliance with Minnesota
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Statutes Section 16A.15, subdivision 3, but no guarantee is made that
the request for encumbrance of the necessary additional funds will be
approved by the State's Budget Section. If the claim for
compensation and the request for encumbrance of the necessary
additional funds are approved by the State's Budget Section, that
action will have the effect of amending this Agreement so as to
include the State's share of the costs of the additional
construction.
Section C. Records Keeping and Invoicin by the Citv
The State shall provide the City with a Payment Processing Package
containing a Modified SCHEDULE "I" form, instructions, and samples of
documents for processing final payment of the State participation
construction cost covered under this Agreement.
The City shall keep records and accounts that enable it to provide
the State with the following prior to final payment by the State:
1. A copy of the Modified SCHEDULE "I° which includes final
quantities of State cost participation construction.
2. Copies of the City contractor's invoice(s) covering all contract
construction.
3. Copies of the endorsed and canceled City warrant(s) or check(s)
paying for final contract construction, or computer documentation
of the warrant(s) issued certified by an appropriate City
official that final construction contract payment has been made.
4. Copies of all construction contract change orders and
supplemental agreements.
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5. A certification form attached to a copy of the Final
SCHEDULE "I", both of which shall be provided by the State. The
certification form shall be signed by the Engineer in charge of
the contract construction attesting to the following:
a. Satisfactory performance and completion of all contract
construction in accordance with State-approved City plans,
specifications and special provisions.
b. Acceptance and approval of all materials furnished for the
State cost participation construction covered under this
Agreement relative to compliance of those materials to the
State's current "Standard Specifications for Construction"
c. Full payment by the City to its contractor for all contract
construction.
6. A copy of the "as built" plan sent to the State Aid Agreements
Engineer.
7. A formal invoice (original and signed) in the amount due the City
as shown in the Final SCHEDULE "I".
Section D. Final Payment by the State
Upon completion of all contract construction, the State shall prepare
a Final SCFiEDULE "I" and submit a copy to the City. The Final
SCHEDULE "I" shall be based on final quantities, and include all
State cost participation construction items covered under this
Agreement. If the final cost of the State participation covered
under this Agreement exceeds the amount of funds advanced by the
State, the State shall promptly pay the difference to the City
without interest. If the final cost of the State participation
covered under this Agreement is less than the amount of funds
11
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advanced by the State, the City shall promptly return the balance to
the State without interest. Procedures relevant to preparation of
the Final SCHEDULE "I" and final payment of the State participation
cost covered under this Agreement are detailed in the Payment
Processing Package, which the State shall furnish the City.
Pursuant to Minnesota Statutes Section 15.415, the City waives claim
for any amounts less than $5.00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
return of any amounts less than $5.00 of those funds advanced by the
State.
ARTICLB V - GENERAL PROVISIONS
Section A. Replacement of Castiags
The City shall furnish its contractor with new castings and parts for
all inplace City-owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
Section B. Maintenaace by the Citv
Upon satisfactory completion of the City-owned utilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of those utilities, without cost or expense to the State.
Upon satisfactory completion of the walkway construction on Bridges
No. 9490 and No. 9489 to be performed within the corporate City
limits under the construction contract, the City shall provide for
the proper routine maintenance of the walkways, without cost or
expense to the State. Routine maintenance includes, but is not
limited to, snow, ice and debris removal, patching, crack repair, and
any other maintenance activities necessary to perpetuate the walkways
in a safe and usable condition.
Pya
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The maintenance of the ornamental lighting and ornamental metal
railing construction located on Trunk Highway No. 5 from the southern
side of Bridge No. 9300 to Munster Avenue shall be covered under
Agreement No. 85853 between the City and the State.
Upon satisfactory completion of the ornamental lighting system and
ornamental metal railing construction on Bridges No. 9490, and
No. 9489 and Shepard Road to be performed within the corporate City
limits under the construction contract, the City shall provide for
the proper maintenance of and keep in repair that system, without
cost or expense to the State. The City shall also provide the
necessary electrical energy for its operation, without cost or
expense to the State.
Seetion C. Maintenance by the State (Bridge No. 9300)
Upon satisfactory completion of the construction to be performed on
Bridge No. 9300 under the construction contract, the State shall
continue to provide for the proper routine maintenance of the
walkways, without cost or expense to the City. Routine maintenance
includes, but is not limited to, snow, ice and debris removal,
patching, crack repair, and any other maintenance activities
necessary to perpetuate the walkways in a safe and usable condition.
Section D. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State is not obligated to pay for services
performed after notice and effective date of terminatian. Upon such
termination, the City is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of termination.
D'� � �
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The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding
source; or if funding cannot be continued at a level sufficient to
allow for the payment of the services covered under this Agreement.
Termination must be by written or fax notice to the City. The State
is not obligated to pay for services performed after notice and
effective date of termination. Upon such termination, the City is
entitled to payment for services satisfactorily performed under this
Agreement prior to the effective date of termination, to the extent
the funds are available.
Section fi. Examination of Books, Records, Stc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
Section F. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof. Minnesota Statutes
Section 3.736 and other applicable law govern liability of the State.
Minnesota Statutes Chapter 466 and other applicable law govern
liability of the City.
Section G. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
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Section H. Agreeatent Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE VI - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is John Maczko, City Engineer, or his successor. His
current address and phone number are 1000 City Hall Annex, 25 West
4 Street, St. Paul, MN 55102, (651) 266-6176.
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IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCFs VERIFICATION
Individual certifies that funds have been encumbered
as requized by Minn. Stat. §5 16A.15 and I6C.05.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Date
By
District Engineer
Approved:
By
State Design Engineer
MAPS�Encumbrance No_
CITY OF ST. PAUL
Recommended for approval:
Date
Approved as to foxm and execution:
By
Director of Public Works
Approved as to form and execution:
By
Assistant City Attorney
By
Mayor
Date
By
Director of Pinance and Maaagement Services
Date
16
By
Contract Management
DdtE
COMMISSIONER OF ADMID72STRATION
As delegated to Materials Management Division
By
D3tE
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PFC'IFI ATION
THE 2000 ED1710N OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
"STAN�ARD SPEQPICATIONS FOR CONSTRUCTION" SHALL GOVERN.
LOCATED ON T.H.5 FROM FORT SNELLING STATE PARK TO
MUNSTER AVE. & ON SI=IEPARD RD. OVER T.H.S.
CONSTRUCTION PLANS FOR: LIGjHTING, LANDSCAPING AND
BRIDGE IMPROVEMENTS (RAILINGS, LIGHTING, BRIDGE REPAIRS)
for
MISSISSIPPI RIVER BLVD. BRIDGES N0. 9489 & 9490
OVER TRUNK HIGHWAY 5
TRUNK HIGHWAY 5 BRIDGE N0. 9300
OVER MISSISSIAPI RIVER
TRUNK HWY TIJNNELS
UNDER FT. SNELLING BRIDGE NOS. 9155 & 27Q27
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IV
END PROJECT 164-010-54
STA. 31 t 75.00
BRIDGE PLANS AND TUNNE� REPAIRS
I HEREBY CERTIFY THAT iH15 PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
iHAT i AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER iHE LAWS OF 7}1E STATE OF
MlNNE507A.
SIGNATURE_ _
. ._ _... _ ._.. _.
iYPED OR PRINTED NAME Steve Ellis
6ATE..._ .. .. . .UCENSE N0. .. ...... .
ROADWAY
I H'cREBY CERiIFY THAT THIS PLAN WAS PREPARE�
BY ME OR UNDER MY DIRECT SUPERUiSION AND
THAT 1 AM A DULY LICENSED PROFESSIONAL
ENGm'EER UNDER TN: LAWS OF TNE S7ATE OF
MINN�SOTA.
SIGNAiURE
... .... ... . ... ... ..... ..
T'PGD OR P4INTED NANE Victorfa Nil
. .. .. . . . .... .
DATE ..... .. ......l10EN5E NO _ ...
LiGHTiNG
I HEREBY CER7IFY THAT THIS PLAN WAS PREPARED
8Y ME OR UNDER MY DIRECT SUPERVIS:ON AND
iHAi I A.N A DULY IICENSED PROFESSIONAt,
ENGINEER UNDER 7HE LAWS OF i};E STATE OF
MI4YESOTA.
SIGNA7URE__
MED OR PRINTED NAM`c Tcm_ Stadsklev
DATE .... _ _ LICENSE N0. .... -
ALL TRAFFIC CON7ROL DENCES AND SIGNING $HALL CONFORM
AND BE INSTALLED IN ACCORDANCE WITH THE MN MUTCD AND
PART IV, 'FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE
LAYOUTS"
TRAFFIC CONTROL
! HEREBY CERTIFY 7HAT 7Hl5 PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERV1510N AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STAiE OF
MINNESOTA.
SIGNAIURE
TYPED OR PRINTED NAME _Chades J. Hudrlik
DATE. ...... ... . .LICENSE NO. . . _ . .
AGREEMENT N0. ___________
' CITY OF ST. PAUL
" S.P. 6201-9300A (T.H.5 = 111)
S.P. 6201-9489 (T.H.5 = 111)
� S.P. 2732-9155 (T.H.S = 111)
S.P. 2732-27027 (T.H.5 = 111)
I S.P. 6201-9490 (T.H.S = 111)
�� TEAX 6202(104)
; METRO DISTRICT
LANDSCAPING
I HEREBY CER77FY 7HAi THIS PLAN WAS PREPARED
BY ME OR UNDER MY �DIRECT SUPERVISION AND
THATI AM A DULY LLCENSED PROFESSIONAL
ENGINEER UNDER THE�LAWS OF T}IE STATE OF
MMNESOTA.
SIGNANRE ' _
TYPEO OR PRINTED NAME Scott_B�adley
DATE. .... . -. LICENSE NO.... . ..
r ��� /�
� APPROVE �!� . . " ��:��. �/ "L20(�J
z � City @rHqe EnS+neer
5 ��.�� APPRO�D . . . _ . . . . _ .
St Pau� City Engineer
CITY OF ST
MINNESOTA
PR�JECT LOCATIDN
C�UNTY : HENNEPiN,
RAMSEY
DIV1Si0N � METRC
PAUL DEPARTMENT OF PUBLIC WORKS
IN COOPORATION WITH THE
DEPARTMENT OF TRANSPORTATION
20
RECCUM�NpED
FOR AF�ROVAI ... . . . . .... ... .. . . 20_ -
IAeho 9is:uct TrensFCr;c4cn Engineer
'rcEC011MF4DED
FOR !3?ROVTt.. ..
Metro D�s:nct iraifc Engineer
RECCMMENpE�
FCL2 AiP@OYAL . . . .. . .. . . . . .
State Hr.^5e Engincer
S.P. 2732-9155 (T.H.5 = 111)
S.P. 6201-9489(T.H.5 = 111)
zo
. .... ._ 20_ "_ _
RECOMMENDED
FOR APPROVAL .. .. .
Sfc:_ pm—Lentng Engineer
OFFICE OF IqND
MANAGEMENT APPROVAL_ , . . .
Direc:or. Lantl Manogement
20
20
A?PRO�� .... . .. .. . .. . .. .... 20
Stcte Design EnS'^eer
e�.°N.�YF_D FOR COU?LIP\,',-
R1li FEDERAL AND STAT
AID ROL.S/PCLICY _ . _ . _ .. 20
Me:ro—ASSistant Dishict E S��eer—S:ete Aitl
A�?ROVEp FOfE FEDERAL
0.uD STnTc AIO. FUNDING _ . _ _ . _ . _ . . _ . 20
Stc:e Aitl Engineer
S.P. 2732-27027 (T.H.5 = 111} S.P. 6201-9300A (T.H.5 = 111)
S.P. 6201-9490 (T.H.S = 111)
THIS PLAN SET CONTAIIIS 103 SHEETS
� BEGIN PROJECT 164-010-54
STA. 0+00.00