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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 O �frz ' Green Sheet Green Sheet Green Sheet Green Sh � 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. ���������������������������������� o���i : . : �. �� �. . N � �� o • � ' >� � • a. a�i . � . Q� ; ; . ,.. ;� t � F _ ��-- E . :; : ��� �� �� C ' W ^ v / �� � G� � W � • � �� L � U `�'vi W � / � / �J� V / � � a_ i� � .� v� 0 � � � � � �� � �� � > 4 4 � i C� ti 0 o. � 0. U� O a`� >� m• 3. � �• a• �� a• a, E• � `v� >. o• a• a ro L �_ y•�. 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 p�{-� I 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 �� � ! 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 ��t-� i 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 u�-ri 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 ���� � ��; D �-� I 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 �:��:v�� 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 � 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 :�� 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. � , � 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 ��t � i � 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 7 �� 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. :3 o�-il � 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 � :� 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. 10 ; ��fi-t i � 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 � 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 � 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'� � � 13 � 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. 14 � 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. p�f-I) 15 �� 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 ,,.�rs U`7'{ � ��1�� � —'._', I 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 � r a oi I 0 0 N m N rn 3 a N S n / h N n / O � 3 / � P a � 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