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242970 � � - • 2429'�0 ORIGINAL TO CITY CLERK CITY OF ST. PAUL FIOENCIL NO OFFICE OF THE CITY CLERK COU IL RESOLUTION-GENERAL FORM PRESENTED BY �� COMMISSIONE DATF RESOLVED, By the Council of the City of Saint Paul, that the proper City officers are hereby authorized and directed to execute, on behalf of the City of Saint Paul, Cooperative Gonstruction Agreement between the Gity of Saint Paul and the County of Ramsey con.cerning the widening, paving and general improvemen.t of White Bear Avenue from Idaho Avenue to Larpenteur Avenue, as more particularly set forth in said agreement. FOR � APPROV� � COryOti �y�� APR 2 1969 COUNCILMEN , Adopted by the Council 19— Yeas lvays APR 21969 Carlson Dalglish � pprove� 19— .T�°� Tn Favor Peterson ' Sprafku � Mayor Tedesco ASainst R�g�� R � � Mr. President, Byrne � , / ..` .. . . �. BUARD OF RAMSEY COUNTY COMMISSIONERS OFFICE OR THff CLERK � STATE OF MINNESOTA TFIOMAB J. KELLEY CouNTY auoitoR THOMAS R. BYRNE ARTHUR T. GIBBONS � CNAIRMwn GEOR6E A. HARDENBER6F1 JONN E. DAUBNEY 132 COURT HOUBE ROY P. NADEAU SAINT PAUL, MINNESOTA MRS. DONALD M. D6 COURCY ED SALVERDA 5S1O2 April 9, 1969 Refer to County Board File 2033 Mr. Harry Marshall Clerk, City of Str,-Paul i' � Dear 3ti: Forwarded herewith are four (4) copies of cooperative construction agreement between the City of St. Paul and the County of Ramsey, providing for the improvement of White Bear Avenue, from Idaho Avenue to Larpenteur Avenue. Wfll you please process this agreement for complete execution, and there- after furnish one completely executed copy for the County's files. Yours very truly, THOMAS J. KELLEY, County Auditor BY `� ��'�ac��+.�-� J. �Swan, Executive Secretary ;F.' . r�� /� � t c,I� ____�- � ., .. '. .� . �. � . r ♦ J �' r ��l1•a*� � r'�'^� l. � . u , F r� �s ��4�� Q��. � , ��.��p �� .w�r� . �.�� . 2os____.—3_-- s�. �m��, r�n��., � ^eso�rs�Ea.� 9-9636 6�0. April 7 �9 69 �e at:eataoa� of City CZezk; County Engineez; County Auditox, Attenti.on Mx. Peters; ' is res�ec��."�y czu=ecT� to t�e fo�iowyn� u�ego�ution o; t;�c a�oArc� o� �ou�iy �om�Y9$zoxicrs off �o:amsey �o•.:..►��y, ;6?ur.nesota, ado�tcd ni Eac �aceizn; I�e�d o�t Apxil 7, 19G9 . �y ��mraaasioner �*adeau RESOLVED That the Soard o£ R�msey County Commissionexs rexeby approves � an agxeement between the City o£ St. Paul and tne County of Ramsey, concern- ' ing the cooperative constructi�n throu.p,h *aiden�a�, g�vin� and �enex�l impzove- r�ent of W`.iite Bear Avenue, fro:n Ida'no Avenue to Larpenteur Avenue, as inore , particularly set forth in said agzeement which is made a part hereof by . , reference, �nd Le It Fuzthex ' F.ESOLVLD That the proper Couaty officials �re authorized to execute sGid agreement. . OFF?CE OF COU:�ITY AUDITOR ) ) SS 'hA�'�'IS':Y COINTY, I�ZNi�tESOTA ) ' , � I, J. D. Staan., �uiy appointed and oualified Dnputy County Auditor in , an<< for R2.r!?sey County, Ma.nr.e:�ota, do 'nereby c�Yti.fy that tre foregoin; • copy a.s a txue and correct traascript of � resolution �dopted by the Bo�xd of Ramse}� County Cor�miss=onexs en Apr:.� 7, i969. . Dated at St. Paul., Minnesota this 7th d^y o� Apri.1 1969. . � . L `p tv Cour.ty Auditox � JDS:'nx . . (S�1.L) � ij . . � 1 ' ' i i /'��r . ..� � .. . �,;,L,` "s...Y;�,f,,~ � :i��.e:��ivl ��wl'y f::�l�;��t' . ! ...�:.. ��, �, � `'� April 1$, 1969 1 � < < ; i , --� I � __._._ ,� Hon. Robert F. Peterson, �� Comn�ssioner of publie Warks. �� ,�r n: . Eugene Avery, Dear Sir: �%� C ief Engineer. / � � Attached far yaur fil completely executed agreement between the C�nd Co� providing for the improvement of��Jhi�e e�a-r `x�2e�e fr daho Avenue to Larpenteur Avenue. � � ��j 1 Very truly 3rours, _-_,�, �.,�r City Clerk A0�%p �� ' � � � � \ /� \__�_.,.��/ Apri1 18, t9o9 � i � i � — ` � i �•.��_ ---......�� ' Mr. Thomas J. Kelley, � Ramsey County Auditor. �� -�--� `��.�� A,��r: `A�� Jame s Swa n`' Dee.r Sir: �,� � � d Attached fflr yoar �� s is c;efmplete'Ly executed agreement between the City and�an�rovidin4 f�r the improvement of kThite 3ear Avenue Idaho to I,arperateui� Avenue. ;�"' .-.._._�`� \� ,j r- � . / � �,�' ��r � ' Very i�ruly yours, ---,. � City Clerk AO�hp �/ , � � I\� � '� � �� _.__-- �� DUPLICATE TO PRINTER ��j�l�' JO CITY OF ST. PAUL couNCi� � � � OFFICE OF THE CITY CLERK FILE NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF zt�;50L�T��, �y tlze Council o:� tlie City a:� S�int I'aul, t�at �ti�e Y�yo��c:r �i�;y o�:�icer� arU �ae�re�y �ut,z�rizcc: ��,u. c�ire�te� �Q exccute, on b�half of tli�; �:�t� of S��,int Paul, Coope:r�ative Const�°uctio.r: ��,sreesnen.t bet��reen the City o:� �ai�t T��.�a.l �r�� t�,�� C�ouzaty o� �?��sey canc�x^rai�n� the �videniYl�, �a��;i��.g ��.n;� �ez�e�'�1 i�:pr�veme�t o:� r�;l�ite; I3ea� �ivenue �ro� ��ia�io ��.venue to Larp�nteur 4ve:�ztae, ��s r�ori �articul�.rly �et :�o.rth �n s�ic� �,�;reen�ent. �u.� .,.,�. i. �� +'.i f��J COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson `�'�r�',' ' � Dalglislz ,� Approved 19— i �� n Favor Peterson Sprafku �=� Mayor Tedesco A Sainst �VIr. Preaident, Byrne � . _ . , ; , . , . . . � , ' ��.,�� ? � COOPER�ITIV� CONSTItUCTIUN AGFt�PMENT TIIIS f1GRE�AIENT, which consis�Ls of six pages , mad�e and entered into on this day of APR 7 ' 1969 , 1969, by an.d between the Ci�Ly o� Saint Paul , a municipal corporation, ai�d Ramsey County, a political subdivision � of the St.ate of Minnesota. �� WITNESS�TH: � � WHEREAS, The above-nained political subdivision of the State of Minnesota are joiz�.tly and severally interested in the widening, paving and general improvement of White Bear Avenue from Idaho Avenue to Larpenteur Avenue; and WIiEREAS, White Bear Avenue north of Larpenteur Avenue and Larpenteur Avenue east an.d west of jdhite Bear Avenue will be widen.ed, paved and geizerally improved in conjunction with a sewer construction project initiated by the City of Saint Paul , Village of Nlaplewood and Ramsey County tlirough a joint agreement (approved by the Saint Paul City Council by Council File No. 232795 dated �lpril �, 1967) ; ancl WHEREAS, Ramsey County will advertise for bids and supervise con.struction for P��ase II of said sewer construction project , which includes the intersection of Larpenteur Avenue and tiJhite Bear Avenue; and WH�REAS, It is the mutual desire of the parties hereto to effecl;uate the aforesaid improvement of said White Bear � Avenue, designated by the City o� Saint Patzl as Project No. 69-P-497 BR for the right-of-way widening, slope easements and temporary constiuction easevients and 69-P-1�978 for the paveuient widening improvements and respectively designated by Rauisey County as S.A.P. 64-020-08 and S.A.P. 64-020-09, . ' � ' � and to esl;ablish the disposi-tion o� costs , expeiises an.d � responsibilities thereo:C and ther°efor, subj ec t to approval of the governing bodies of each of the parti�es � hereto ; NOW, TI��Ii.�I'OR�, IT IS AGItE�D by and between the . parties hereto: A. • That Ramsey County will acquire, by negotiation � or condemnatioi�., all right-of-way necessary to construct the above-named improverr►ent of White Bear Avenue from Idaho Avenue to Larper�.teur Avenue, over the west 16. 5 feet � of Lot 1 , Block 4, Hil.lcrest Center; County of Ramsey, State of Minnesota; ancl further shall acquire all necessary slope easements and temporary construction easements necessary therefor; That the City of Saint Paul will pay the Treasurer of Ramsey Coui�.ty for said acquisition.s as claims for damages accrued in condemnation proceedings ; and That the City of Saint Paul will pay the Treasurer of Ramsey County for negotiatecl acquisitions, subject to the review and appr. oval by the City of Saint Paul prior to the consumation of a contr.act bet�aeen Ramsey County and the lando�,mers involved; and That the City oi' Saint Paul will make payment for said acquisitions including appraisals and other necessary expenses within. thirty days of request by Ramsey County; the estimai;ed costs being �44, 000. 00. B. That Ramsey County, in addition to the foregoing, agrees : . (1) To act as its o�,m. agent and as th.e agent of the other parties in relation to said 2 ' • � � � _ improvernen�; con�t;cmplatecl , ancl irz such cap�.cil�y, sYiall. prep��re all plails arzcl speci�icatioi�s, ii�.cluding i.nsurance s��eeii'icatioris , subject to approval. oi' the same by the other parties ; (2) To provide appropriate erzgineering . and construction superv9.sion and inspection with its o��rn forces, subjeet �;o reimbursement therefor as set fortli hereinarter, except � � that Ramse Count y y tiaill not be oUligated to inspect 1�he construction of said project if � the construction work on White �ear Avenue north of Larpenteur Avenue or on Larpenteur Avenue east of tidhite Bear Avenue is not done concurrently; (3) To provide Workmen' s Compensation coverage for its os�rn employees , and, in relation thereto, to hold harmless other par- ties to said project for any and all causes of action, suits or claims on behali' of said � Ramsey County employees arising out of the improve�uent of said �dhite Bear Avenue; (4) To prepare specifications, advertise i'or bids and, according to appropriate statu- tory, charter and contractual agreements and through the office of tYie Purchasing Agent of Ramsey County, a�Jard a contract or contracts for t}ie construction, surfaci.ng, grading and improvemeizt of said White Bear Avenue; provided, however, that before the City oi Saint Paul shall be obligated hereunder, Ramsey 3 . � ' { Coui�i�y s11a1"1 obtai.n the approval of tYie City or Saint Paul Ci1;y Council on the propose•d a��ard o� the eontiact or contracts for said project , . it bei�lg the mutual7_y expressed and ui�derstood intent ot the parties hereto that the Purchasing � Agent o� Ramsey County shall act as purchasing agent for all parties in accordance with la�v. C. That the City of Saint Paul , in addition to its agreement above sta�i;ed, does specifically agree : (1) For the purposes herein contemplated, l4 and specifically limited to the improvement of said White Bear Avenue, the City of Saii�t Paul specifically agrees to allotv Ramsey County supervisory, inspecting and construction per— sonnel , and such other Ramsey County personnel as may be reasonably required, to funetion on said improvement with the same poiver and authority as � is possessed by City of Saint Paul supervisory and inspecting personnel , it being the intention of the parties to avoid, by this paragraph, duplication and multiplication of supervision and inspection t,Thich othertivise would be required on an improvement project as is hereii�. contemplated; provided, ho�vever, that notwithstanding the statements in this paragraph contained, said Raitisey County persoiznel shall remain employees o� Ramsey County and shall not be considerecl employees of the City of Saint � Paul ; (2) To pay the contract amount , engineering, inspection,1ad.vertising ancl all other incidental 4 . - / cos�;s to the Treasurei of T�auisey County for i;he cor�strizetion o� said 1llIj�I"OV�lll821t of White I3ear Avenue pri_oz� to tlie a�vard o� contract and ��ithin thirty da3�s of request by Ramsey County; i;he estimated costs being : Coi�strucl;ion �35 , 590 Design engineerinb @ 8� 2, 850 � Construction inspeci;ion and surveying @ 40 1 , 420 Printing 100 Purchasii�.g Depar�t;ment . charges 40 Total �40, 000; and the above costs t,�ill be adjusted when actual costs are determined. D. That before and prior to any change orders, modifica- tions , alterations or amenc�ments of the construction contract documents are initiated, which materially affect the character of the s,�ork to be done or its cost and expense, all parties shall concur and consent in writing as to the exteni; of change and the divisioti of cost and expense. E. That upon the satisfactory completion of the work as agreed between the parties , the City of Saint Paul shall authorize Ramsey County to mal�e final acceptai�ce of the project and to proceed with �inal payment to the contiactor. Upon such aceeptance and payment , Ramsey County will convey the entire title to tlie project to the City of Saint Yaul without fur. ther consideration. 5 . _ __ _ ._ __ _ _ IN �dITNESS ti�IILR.�OF, each o:f the pa��ties hereto h�.s � caused, Uy aizcl �hrough its governi.n.g body, •the sign�tur. es of its proper officers ai�cl officials to Ue subscribed . hereunto as of the day and date first above written. COUNTY OF RANISEY, MIN�TESOTA Approved as Form: . V By Assistan-� C t A-ttorney � THOiv`iH;i . �(�LLEY, CU;�i��y Auc;i -r, __--� � BY �.� � � �� ,�'�° �!' � � �HIEf EPUT.� A�R � 1�;;� 3Y gO�Rp OF CITX. OP SAINT PAUL, MINNESOTA CGiiNTY COMM�SS�ON�RS ' ' By � Approv d as to Form '��. Mayor n �;� �s f'� 1' Assi nt Co� r tio Co nsel --- City C rk � �. , �'�-�� Co uissioner of Public�, �� . ��_� �2e� " Counterslgned: _ �; J, �'�,_�:.'�,,��al City Comptroller - � - - - � 6 To: Date `-,�—/6— �9 �`7��/7 D Dear Sir: I am transmitt ng herewith for your disposal copies of an agreement wf.th f as authorized by Council Rile _�� 9�� . We have retained our copy. � �� J��9_9=�� 1/ �t.c,�it, �, � � � ' Joseph J. Mitchell City Comptroller By 200 � 2/24/66 RWT/ks