Loading...
224660 ORIGINAL TO CITY CLEWK 22���U ' �J CITY OF ST. PAUL FOENCIL NO. '� • OFFICE OF THE CITY CLERK � r O NCIL RESOLUTION-GENERAL FORM �RESENTED RY ^ COMMISSIONE DATE WHEREAS, the City has heretofore 'si$ned a Cooperative Agreement between the City of Saint Paul and the State of Minnesota, Department of Highways, in regard to Trunk Line Sewer Construction, °1St. Anthony Park Storm Water Relief Sewer System, Contract A" and Drainage for T.H. 9�- and No. 280, said Agreement being No, 5�-328; and WI�REAS, it has become 'necessary to amend said Agreement by means of Supplement No. 1, a copy of which is hereto at- tached and incorporated herein by reference; now, therefore, be it.. RESOLVED, by the Council of the City of Saint Paul, that the appropriate officers are herewith authorized and directed to execute said Supplement No. 1 to Agreement No. 5�+32$. • r s. _ _ ' _ _ " ` '_V._ � __ " _ �.-pR p ROVED , " st. Cor,p r ion CQ�nse! COLTNCILIvIEN � Adopted by the Council JuL 3 � 1965 19— Yeas Nays Dalglish Holland prove�3 � ��� 1s- Loss ' J , � Favor ;'� Meredith Peterson I� � �SyOr A gainst Rosen Mr. President, Vavoulis '�UBLISHED AUG 7196�a ions e-as ' ' .���..��..r - �� . � : . , � - � ���Q �'`�'�- � . . . �. . _�, . . . , . _ MINI�SOTA HIGHWAY DEPARTMENT AMENDMENT TO !J . , AGREEMENT N0. - ' - 54326 � INDEX ITEM ALLOT. RTFt. FUND AMOUNT ENCUMB. . 't � • ' � . S.P. 6z42-34 (T.H. 280) . . � s.P. b282-66 (T.H. 94) ., �' . � Fed. No. I 094-3 �105) 235, T.H. 94 _ , ' and F 047-1 (32) T.H. 280 • ' � � � , . , . , Suppleatent No. 1 to , • � ' , . � ; � Agreement No. 5432g between ' . , �r � ' � The State of �Minnesota, . � '. . � � , � - Department of Highways, and ' ' , The Citv of St. Paul. Minnesota � � • . � Re: Trunk Line Sew�er Construction, � � • • • - rrgt. Anthony Park Storm Water � � Relief Sewer System, Contract A" and • • Drainage for T.H. 94 and No. 280 ' � � . , � • COOPERATIVE AGREEMENT ' � � � � ' SUPPLENIENT N0. 1 THIS SUPPI.EMENTAL AGREEMENT made and entered into by and between the ` State oP Minnesota, Department of Highways, hereinafter referred to as the • "State", and the City of St. Paul� Minnesota, acting by and through its City � Council, heae�nafter referred to as the "City", - WITNFSSETH: " WF�REAS the State and the City did enter into an agreement dated Octo- • . r ber 28, 1964 and numbered Agreement No. 54328, whereby the City agreed to ' construct under contract a City sewer pro3ect designated by the City as the "St. Anthony Park Storm T�7ater Relief Sewer System - Contract A",(City Pro- , . �ect No. 64�-460A), from near Bayless Place and Trunk Highway No. 280 southerly along Trunk Highway No. 280 to Trunk Highway No. 94 and thence to the Mississippi i� River, in accordance with City plans'�and speciPications therefor, hereinafter referred to as the "Sewer Pro�ect"; and � ,_ ..r., �.�......-,�.�.:..��._.w.... - .. ... . .... .. . �- - - -�..__ .____ _�._._._ �.-�........�_,�_. .. . ._ ., _.�,. � � . - . . - , .. , . _ _ � . . . ii � i � ' 5432g F �J ' f T+�I�REAS said "Sewer Pro�ect" will �ointly serve the City and the ' State, the State did �lesignate said "Sewer Pro3ect'� plans and specifications , , - • as State Pro�ects No. '6242-33 (T.H. No. 280) and No. 6z82-66 (T.H. No. 9C�), and did a.gree to share in the cost of constructing said "Sewer Pro�ect" as . �'� . /% . set forth in said Agreement No. 54328; and � • WI�REAS said "Sewer Pro�ect" plans contemplated enlarging and lining with concrete the existing partially lined sewer tunnel from the Mississippi • River (at IIzgineerts Station 0+65) to a point between Frontenac Street and , • , Beverly Road at F�gineerts Station 1!}+20; and � � WHEREAS said sewer tunnel is in operation and drains storm water to the river, it was contemplated that said storm water would be diverted into • an abandoned tunnel located some 22 feet northeas.terly of and parallel to the said existing sewer during the enlarging and lining of the said existing a . . � �tunnel; and 'Wf�REAS recent heavy rains in the surface drainage area which is served by said existing sewer tunnel carried sand and debris into the afore�- ; , said abandoned tunnel in such quantities that said tunnel was plugged and the � resulting water pressure caused a blaw-out at.�appro�.mately EhgineerTS Station ' 11+?5; and � WHEREAS it has been determined that the existing tunnel, which was to have be�n enlarged and lined with concrete, must now be used in its present , size and capacity temporarily to drain storm water to the river (instead of '' the now plugged abandoned tunnel), and that the section of the planned 3oint use tunnel between the river and Eazgineerts Station 17+12.57 be constructed . � on a new alignment parallel to and 50 feet southeasterly of the said existing tunnel alignment; and . _ 2 _ _.�...,,....._-.._.._�_ .. .. - •--- __ • ... .._. ��...._-..-.,�_ ..�--•-.-�-° --- �-- ,----- � . - ..------ - --- , ---�-^--.�..».._.,�_.,...... . � � , , � �,. � 5432g , � r� � " WI�REAS it is the desire of the parties to this agreement that 'said � portion. of said storm sewer tunnel be constructed at the new'alignment by the Cityfs construction contractor, with the State reimbursing the City its pro- portionate share of the additional cost of ssuch construction as hereinafter � provided. , • � . • > • IT IS� THEREFORE, N�TTUALLY AGREED AS FOLLpWS: . , . I � . The portion of the "S�xer Pro3ect" from the Mississippi River (at Ehgineerts Station 0+65) to Engineerfs Station 17+12.57 shall be constructed along' a new alignment instead of as provided in the Cityts sEwer plans desig- • �,� . nated as the �St. An�hony Park Storm Water RelieP Sewer System - Contract A't. Said new alignment and construction shall be in accordance with the City�s • - "Contract Change Agreement" No. 2, City Pro�ect No. 64-5-�60A, Contract No. , - L-6717, with Michigan Sewer Construction Company, signed by the con�ractor July 6, 1965 and by the City 19b5. Said City contract change agree-- ;, ment, on file in the office of the City Commi.ssioner of Public Works at St. � ' Paul, Minnesota and in the office of the Commissioner of Highways at St. Paul, Minnesota, is made a part hereof by reference with the same force and effect as though fully set forth herein. II In addition to payment to be made by the State to the city in accord- ance with Article VII of said Agreement No. 5432g the State shall, upon cam- pletion of the "Sewer Pro3ect" in accordance with City plans therefore as modified by Article I hereof, pay to the City an amount equal to 40 percent , of the payment made by the City to its contractor for additional work per- Pormed in accordance with Article I hereof. , ' -3 - � - �.,.a..��-�..�.��. -.. �. .�.�- �_._... ...- r.�-- ; .. : � .. _. -r�w-..-.."'" . _. �....� _..�.t."..i.. - - ^_'"' `" r....-�-��...-., .v �� . , • ' . . ' " . ... . . _ � . . , .� �� . � ` O1�_. �; . , e � 54328 � In addition to payment of said percentage of the cost of construction work, the State also agrees to pay to the City a sum equal to 6 percent of the � amount computed as the Statefs share of said construction costs, it being under- , stood that said additional payment by the State is the Statets progortionate share of engineering costs incurred by the City in connection with the addi— tional work performed hereunder. • . � It is understood and agreed however, that the amount to be paid by the � State out of trunk highway funds hereunder for work performed in connection with the portion thereof which is chargeable to Interstate Trunk Highway No. 94, shall not exceed the amount on which the Federal Government bases its reimhurse— ment for such Trunk Highway No. 9k work. It is expressly understood that in ' . the event that any amount paid by the State in connection with work chargeable . to said Interstate Trunk Highxay No. 94 is in excess of the amount upon which . the Federal Government bases its reimbursement, the City upon notice from the State, shall forthwith pay over to the State the difference in said amount. It is estimated that the amount which the State will pay to the City� for the additional work to be performed by the City hereunder is the sum of $15,808.1�,2. " Sunanar.y: Total State Cost Estimate ' , , • Original Agreement Estimate 951,032.00 � , , Revised eati.mate at contract unit prices, plus 62,229.63�,.�, . �c.�l��y�J,�G?� This agreement Supplement, plus 15,808.1�.2 Total estimate $ 1,029,070.05 _ In the event it appears at� any time that the amount to be p�id by the State to the City hereunder is about to 'exceed the said sum of $1,029,070.05 � _ — 4 — � .�.a.,,,.. »..-r... . ...........�.._ _.. ._ _ , _. _.. _ . t .... . �._...__ � ...._.—- - ------ . . --- —.--_I __...�....�,�.v.,...�_,..,.....,..,4_ - - . .... , ' T . � , ' � � � 5432g � .� ' . . y� because of increases in the estimated quantities of work items; the City shall promptly notiYy the District EYigineer of the Minnesota Department ' of Highways thereof in order that the State may encumber such additional � funds as may be deemed necessary. � � � III . • , . •r The City shall without cost or expense to the State obtain all easements, constructian permits and drainage outlet rights that may be required in connection with the construction to be performed hereunder outside of the limits of the Trunk Highway rights of way or City streets, ' and shall promptly flirnish the State with certified copies thereof. ' � . IP The City indemnifies, saves and holda harmless the State and all of its agents and employees of and from any and all claims, demands, � actions or causes of action of whatsoever nature or character ariaing out of or by reason of the changed conditions which made it necessary for the � City to construct a portion of the "Sewer Pro�ect'� in accordance with the aforesaid city construction "Contract Change A�reement", and further agrees , to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asaerting any claim of whatsoever character arising out � of such change in construction. . v � Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of said City and shall ' also receive �he approval of the Federal Bureau of Public Roads and of such , State officers as the law may provide in addition to the Commissioner of Highways. � - 5 - .��w. ��+.�w���w+rr -,. � ___� �_" � � .�. • t�.--� v... �-+- .�. - .�. ��... �. e...�� _ .�..� �..�r•-....��..�.—�.. _�r��� rww•- ...+:r . , .� !/�-- . " , � 5432g � . VI ' - Except aa amended and modified herein the��terans and conditions . of said Agreement No. 5432g dated Octob�r 28, 1964� sha11 remain in full force .. . , � _ , and effeCt• ' ' • • - .4 � ' � . •�L _ � • ' � � � • � • � � ]t • ' � • . � � � � 1 _ _ ' 6 , .. y..e..�1�^^^.�...,,.�..�.,--•-----�"_.. _, ..-�- � .... _.T.._., ." _� "...-�.� ,- "' '�-.w-�...r.�..��__ -.....-..- _....�.�+--...� . �� - �++«�.�..e+..�_._.._...ww�rca�,� - � L� 1 . . /y_ � . ' . � y' , IN TFSTIMONY WHERF()F the parties hane duly executed this agreement b�► their duly authorized officere and cauaed their reapective seals to be � hereunto affixed. �- • (City . , • CITY OF ST. PAUL seal) . Attest: � . . . Mayor , ' . By . ' City Clerk � Co�nissioner of Public Works ' Approved as to form _ Countersigneda . -. . � �-�-�^--C , �L�� • gy /Corpora n Council ' City Comptroller � DEPAftTMENT OF HIGHWAYS: , STATE OF MINNF,SOTA; . Recommended for approval: � ' By Ass't. Coapni.ssioner of Highways . G\� � I, �� ��t�✓►_ _ � . � ici 1 Engineer J Date 1 Date of Agreement Road Design gineer Approved: . District Engineer Commissioner of Administration � Deputy ChieY Engineer gy �� � Authorized Signature Approved as to form and execution: , Special Assistant Attorney General � - 7 - ...�r-..,w,.�..a�.,�.��......e.-�._ �-._. ._ _. ._..._ _. ....._ - . '�'-- ._. _ _. . �..�_..-_......__..� - ..._._. --- .��...__ �_..__... T�_,._...-.- --,..�....� DU►LICATC TO r111NT[R �d� L��O , , CITY OF ST. PAUL Fo�NCa NO. OFFICE OF THE CITY CLERK , COUNCIL RESOLUTION—GENERAL FORM rRESENTED tY COMMISSIONE� nArF � .. WHEI�EAS, the City has heretofore signed a Cooperative Agreement between the City of Saint Paul and the State of Minneaota, Department of Highways, in regard to Trunk Line Sewer Construction, '"St. Anthony Park Storm Water Relief Sewer System, Contraat A" and Drainage for T.H. g�+ and No. 280, said Agreement being No. 5�328; and WHEREAS, it has become necessary to amend �aid Agreement. by means of Supplement No. l, a copy of which is hereto at- tached and incorporated here3n by reference; now, tk�erefore, be it RESOL�TED, by the Council of the City of Saint Paul, that the appropriate officers are herewith author3zed and directed to exeaute said Supplement No. 1 to Agreement No. 5�328. JUL 3 �01965 COUNCILMEN Adopted by the Council 19— Yeas Nays � � � ,�rc Dalglish UJ Holland Approv�l 19— Loss Tn Favor Meredith Peterson MAyOr �gsinst Rosen Mr. President, Vavoulis iost e�s