234800 ORIGINAL TO GITY CLERK
� CITY OF ST. PAUL FIOENCIL N�. �tn�O ,
, „�� OFFICE OF THE CITY CLERK
� COUNC R OLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE DATE -
RESOLVED, That resolution, C. F. No. 1g23�+5, approved B�ay 19,
1959� as it pertains to the proposed route of Trunl� Highway No. 212
� "F�tering the City of St. Paul at T�.�enteur and the old Street -
���
a,r� Railway Compar�y right of way, thence follow:ing the Street Rai.7.way
���",�'�
� Compar�y Mght of Way to a poi.nt southerly of Masqland Avenue , be
and the same is hereby reseinded and repealed; and the Citp Clerk
ie hereby instructed to forward a copy of' this rescinding resolution
to the City Architeet.
. FORM PPROVED
' Corporation'Co A �1
f.
AUG 2 5 ?����
COUNCILMEN Adopted by the Council 19—
Yeas Nays
�� . �_ AU� 2 5 �96�
Dalglish pproved 19_
Holland I' � •
Meredith �O Tn Favor
Peterson � , ' Mayor
Tedesco A gainst
Mr. President, Byrne
PUBLISH�E� ��� 21967
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_ - _� -� � ' -' Attached. 3s a �resolutfon_C. ,23�� � rescinding and repeaSing �
_ _ a ,previous C., F. 192345 pertaining to osed route;.of Trunk Highway _ . �
, - _ .' No. 212 in the�C�ty of S�.int`P - � _•_, _ - .. - �� ,
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- -, " = • . .". • _ _ , _ Very truly yours�, " . . " ; `
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= , �/� �����'s; HUD-41421
� (5•66)
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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GRANT AGREEMENT
(Water and $ewer Focilities Grant Program)
Name oF Applicant: Q3ty OP St. PBLil� Mj.I1riC80t8� Proiect No. Ws—�+-2�-0007
Address: gt,� pg�� R,a�nsey County� M1111�80t8. Federal Contract No. H��2��2�F
AUG 8 196T b and between �he C3tY of
THIS GRANT AGREEMENT dated as of Y
�� ���M�n��� (herein called the
Applicant"), and the United States of America, Secretary of Housing and Urban Development (herein called the
"Government"):
NOW, THEREFORE, THIS AGREEMENTWITNESSETH:
That for and in consideration of the mutual promises hereinafter contained, the parties hereto do convenant ond ,
agree as follows:
Section l. Amount and Purpose. Subject to the Terms and Conditions (Form HUD-41420 dated ,`�'� )
attached hereto and made a part hereof as Attachment A, and the provisions of this Agreement, the Government will
make a Grant to the applicant in an amount not to exceed $.�^500•000 or�Qpercent of the Eligible Project Cost
as determined by the Government on completion of the Project, whichever is the lesser, in order to aid in financing the
Project hereinafter defined, presently estimated to cost $ 3•�5_r___�0�•
$ection 2. Description of the Project. The project shall consist of th� eonstxu�tion of P.7CU8318�.Ori E�T1d,_
� �- �- -� the vater treatmen�_p��8 �e�i�ities ---
_� --- -
� (herein called the "Project")
Section 3. Government Field Expense. The amount of the fixed fee for Government Field expense referred to in
Section 33 of the attached Terms and Conditions shall be $ 2.500
,
Section 4. Reduction in Grant. The Government shall have the right to reduce the amount of the Grant upon giviny
the Applicant written notice,'if the Eligible Project Cost after award of construction contract is determined by the
Government to be less than the estimated cost upon which the stipulated amount of the Grant was based. _
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�; HUI�41420
, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ��-�>
, Attachment "A"
TERMS AND CONDITIONS
- Consdtuting Part of the Grant Agreement Providing for the
' Financing and Construction of Water or Sewer Facilitiea
Under Title VII of the Housing and Urban Development Act
of 1965, Public Law 89-117, August 10, 1965.
Section 1. Definiti,o�ns_,,__As used in these Terms and Condid.ons:
"Government" means the United States of America.
"Project" meana the Water or Sewer Facilities covered by the Grant Agreement.
"Grant Agreement" means the contract between the Government and the Applicant
covering the Project and includes both these Terma and Condidons and other
contract instruments.
"Applicant" means the public entity or entities designated in the Grant Agreement.
"Project Coat" means the cost of constructlon work for the Project, cost of neces-
sary architectural/engineering services, legal, administrative and clerical
costa, coat of land acquisition, necessary aavel expenses, interest during
construction, and other necessary miscellaneous expenses.
"Eligible Project Cost" means the cost of construction, of land acquired for the
project, and of site improvements, all as determined by the Government.
`Depository Bank" means a bank or trust company which is a member of the Federal
Deposit Insurance Corporation.
"Pro ject Site" means any of the land, rights-of-way, easements, or other interests
in land acquired by the Applicant in connection with the development of the site.
Sectton 2. Prerequisites to Government's Obli�tations.--The Government shall be under no
obligation to disburse funds under the Grant Agreement if:
(a) Representations.--Any representation made by the Applicant to the Government in
connection with the application, shall be incorrect or incomplete in any material re-
spect, or the Government determines that the Applicant has failed to proceed promptly
with Pro ject financing or construcdon;
(b) Concurrence by Government.--The Applicant, having submitted to the Government the
documente mentioned in Section 16 hereof, shall have proceeded without having been
advised by the Government that the same are satisfactory; i[ being the purpose of this
provision .to insure that no action will be taken in the development of the project which
would result in legal or contractual violation rendering it imposaible for the Govern-
ment to make the grant hereunder or for the parties to accomplish the ob jects of the
Agreement;-
(c) Prohibited Interests.--If any official of the Applicant who is authorized in auch capacity
and on behalf of the Applicant to negotiate, make, accept or approve, or to take any
part in negotiating, making, accepting or approving any architectural, engineering,
inspecd.on, construction� materials, supply, or equipment contract or any subcontract
in connection with the construction of the project, shall become directly or indirectly
1
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� Section 9. Records of Negotiationa.--The Applicant covenants and agrees that it will maintain
�� Z complete and accurate records of all negotiacions and other actions affecting acquisitlon of any
`� � property in connection with the Project and such records shall be available for inspec[ions by
' representatives of the Government. Such records shall be maintained in one place for a period
' of at least three years following completion of construction of the Pro ject. -°
Section 10. Disbursement of Grant Funds f�r Land Acquisition.--The Applicant may requisition
, disbursernents on account of grant pr�vided in the Agreement for acquisitlon of land at any time
after receipt of the Agreement as needed to enable the Applicant to make payment as required
under Section 5 above, provided (1) no impediment exists which would prevent carrying forward
of �he Project, and (2) the Appllcanthasafirm and binding commitment for its share of the Proj-
ec� costs, and (3) the cost of the land so acquired is acceptable to the Government. In the event
the 1'roject for any reason is subsequently abandoned, the Applicant covenants and agrees that it
will repay any funds disbursed hereunder.
Section 11. Grant Disbursements.--The Applicant may requisition disbursements on accoun[ of
the grant provided in the Agreement at any r�me. Such requisitions shall be accompanied by such
supporting data as the Government may require. The Government shall honor, subject to the
provisions of the Agreement, such requisitions in amounte and at times deemed by it to be proper
to insure the expeditious prosecution and payment to the costs of the ProJect. No request for
review of a determinadon of the Government affecting the grant payable under the Agreement
will be considered unless such request is received by the Government not later than three months
following notice to the Applicant of such determination.In no event shall the total amount of grant
funds disbursed to pay land and construction costs exceed 90 percent of the grant amount speci-
fied in the Agreement for such coacs until after the Project has been completed and audited, and
the final grant amount determined by the Government. -
Section 12. Prerequisites to Disbursements.--Yrior to the Government disbursing any por[ion
of the grant except as provided otherwise in Section 10 above, the Applicant shall present satis-
factory evidence that: _ •
(a) It has obtained, or can obtain, all land,rights-of-way, easements, permits, franchisea,
Federal, State, Counry, and Municipal approvals required in connection with the con-
struct3on and operation of the Project, including approval of the final plans and apeci-
fications by the appropriate State authorities;
(b) It hae the funds or a firm and binding commitment co provide its share of the Project
Cost; ,
, (c) It has deposited into the Construction Account, in addition to the grant proceeds, any
por[ion then available of the funds to be furnished by the Applicant to meet its share of
. the Project Cost and [hat it will promptly deposit any remaining portion of its share of
the Project Cost in order that all payments in connection with the Project can be made
as the same become due;�
(d) The Project can be compleced at a total cost satisfactory to che Government which will
be wi[hin the amount of funds available therefor; and
(e) It is able to_provide or obtain [he provision of all necessary building or household con-
nections and local collection or distribution laterals as determined by the Government
from sources other than grant funds hereunder, �
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, �Section 18. Changea in Construction Contract.--Any change in a construction contract shall be
¢� aubmitted to the Government for approval.
s �
# _
� Sectior_ 19. Contract Securicy.--The Applican� shall require that each construction contractor
shall furnish a performance bond in an amount at least equal to 100 percent of his contract price
as security for the fai[hful performance of his contract and also a payment bond in an amount not
less than 50 percent of his contract price or in a penal sum not less than that prescribed by
. State, territorial, or local law, as security for the payment of all persons performing labor on
the Project under his contract and furnishing materialsin conneGtion with his contract. The per-
formance bond and the payment bond may be in one or separate instruments in accordance with
local law.
Section 20. Insurance During Construction.--The Applicant shall require that each of its con-
tractors and all subcontractors maintain during the life of his contract, Workmen's Compensa-
tion Insurance, Public Liabillty, Property Damage, and Vehicle Liability Insurance, in amounts
and on terms satisfactory to the Governmen[. Until the Project is completed and accepted by the
Applicant, the Applicant or (at the optjon of the Applicant) the contractor is required to maintain
Builders Risk Insurance (fire and 'extended coverage) on a 100 percent basis (completed value
form) on the insurabie porr3on of the,Project for the benefit of the Applicant, the prime contrac- ,
tor, and all subcontractors, as their interests may appear.
Section 21. Wage Rates.--The Applicant shall comply with the provisions of the Act of March 3,
1931 (Davis-Bacon Act, 40 USC sec. 1276), as amended, and the applicable rules and regulations
issued by the Secretary of Labor thereunder which are incorporated herein by reference. The
Applicant shall cause to be inserted in each constract or subcontract subject to the Davis-Bacon
Act the specific provisions required by the regulations of the Secretary of Labor.
Section 22. Contract Work Hours.--The Applicant shall comply with the provisions of the Con-
tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and regulations
issued by `the Secretary of Labor thereunder which are incorporated herein by reference. The
Applicant shall cause to be inserted in each contract or subcontract sub ject to the Work Hours�
Standards Act the specific provisions required by the above regulations.
Section 23. Payment of Employees.--The Applicant shall require of its contractors that all em-
ployees engaged in work on the Pro ject be paid in full (less deductions made mandatory by law)
not less often than once each week.
N
Section 24. Copeland Act.--The Applicant shall comply with the provisions of the Copeland Act
(Anti-Kickback), 48 Stat. 1948, as amended, and the applicable rules and regulations issued by
the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant
shall cause to be inserted in each contract or subcontract subject to the Copeland Act the specific
provisions required by the above regulations.
Section 25. Accident Prevention.--The Applicant shall require of its contractors thaC precaution�
shall be exercised at all times for t�e protection of persons (including employees) and property,
and that hazardous conditions be guarded against or eliminated.
Section 26. Supervision and Inspection.--The Applicant shall provide and maintain on its own
behalf competent and adequate architectural or engineering services covering the supervision
and inspection of the development and construction of the Project.
, 5
� � - ,� �-
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. �
� �4 �P � •
•� � • Secretary of Labor issued pursuant to Section 204 of Executive �rder No. 11246 of
�� r September 24, 1965� so that such provisions will be binding upon each subcontractor
i J+ or vendor. The contraccor �vill take such action with respect to any subcontract or
` purchase order as the Department of Fiousing and Urban Uevelopment may direct as a
� means af enforcing such provisions, ilicluding sanctions for noncompliance; Provided,
however, That in the event the contractor becomes involved in, or is threatened with, _
litigatior► with a subcontractor or vendor as a result of such direction by the Depart-
ment of Housing and Urban Developnient, the contractor may request the United States
. to enter into such litigation to prc,tect the interests of [he United States."
The Applicant further agrees that it will he bound by the ahove equal opportunity clause in any
� Federally-assisted construction work whic:h it performs itself other than through the permanent
work force directly employed by an agency of government,
The Applicant agrees that it will cooperate actively with the Department of Housing and Urban
Uevelopment and [he Secretary of L.abor in obtaining the compliance of contractors and subcon-
tractors �vith the equal opportunity clause and the rules, regulations and relevant orders of the
Secretary of Labor, that it will furnish the Department of F�ousing and Urban Development and
the Secretary of Labor such information as they may require for the supervision of such com-
pliance, anci that it will otherwise assist the Department of Housing and Urban Development in
the discharge of the Uepartment's primary responsibility for securing compliance. The Applicant
further agrees that i[ will refrain from entering into any contract or contract modification sub-
' ject to Executive Order 11246 wiCh a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts ancl Federally-assisted construction contracta gursuant to
Yart II, SubparC D, of Executive Order 11246 and will carry out such sanctions and penalt�es for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the Departrr�ent of Housing and Urban Development or the Secretary of Labor pursuant to
Part II, Subpart D, of ExecuCive Order 11246. In addition, the Applicant agrees that if it fails or
refuses to comply with these undertakings, the Uepartment of Housing and Urban Development
may cancel, terminate or suspend in whole or in part this grant, may refrain from extending any
�Lfurther assistance to the Applicant under the program with respect to which the failure or refusal
c�ccurred until satisfactory assurance of future compliance has been received from such Appli-
cant, or may refer the case to the Department of Justice for appropriate legal proceedings.
Section 28. Civil Ri�h[s Act of 1964.--The Applicant covenants and agrees that it will comply
with Title VI of the Civil Rights Act of 1964 (Y.L. 88-352), and with the rules and regulations
(24 CFR, Subtitle A, Part 1)of the Department of Housing and Urban Development issued pursuant
thereto. - '
. �
Section 29. Payments to Contractors.--I�ot later than the fifteenth day of each calendar month
the Applicant shall make a partial payment to each construction contractor on the basis of a duly
. certified and approved estimate of the work performed during the preceding calendar month by
the particular contractor, bu[ shall retain until final completion and acceptance of all work cov-
ered by the particular contract a reasonable amount,specified in the c:ontract, sufficient to insure
' the proper performance of the contracc. �
- t
Section 30. Inspection of Work and Records; Maintenance of Records.--The Applicant shall re-
quire of its� contractors that the Government's au[horized representatives be permitted, and it
will itself permit them to inspect all work, materials, payrolls, records of p`ersonnel, invoices
� of materials and other relevant data and records appertaining to the development of the Project.
The Applicant shall maintain proper and accura�e financial records, books and accounts pertain-
ing to'the grant and the development of the Project that will readily discloFe (1) relocation costs,
7
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Pro�ect No. WS-4-24-0007
City of St. Paul, Minnesota
The follvWing Special Condition is made Q part of the Grant Agreem�ent �or the
abov�e-nwnbered Pro�ect:
Prior to d3sbursement of er�y portion of the gra,nt proceeds, the Applic8nt
shall present satis�actory evidence that it he�s deposited into the Con-
struction Account i'�u�ds in an ampunt Which together zrith the amount o�
the Federal �a.nt shall be su�ficient to defray the total cost of the
entire Pro�ect� and that such non Federal flxnds have been expended to
defray approxim,a'tely 40� of the total Pro�ect cost. .
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