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06-240Council File # �'L�' � - V� RESOLUTION Green Sheet # 3029795 OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 2� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, The State of Minnesota, Department of Transportation has tendered to the City of Saint Paul a Cooperative Construction Agreement to provide for payment by the State to the City of Saint Paul the State's share of the costs of the Great Western Drainage Channel construction and other associated construction to be performed adjacent to Trunk Highway No. 52 on Barge Channel Road at Concord Street within the corporate City Iimits under State Project No. 8825-213; AND WHEREAS, The City Council of the City of Saint Paul has said proposed Agreement before it and has given it careful review and consideration; AND WHEREAS, it is considered that the best interests of said City of Saint Paul, will be subservers by the acceptance of said Agreement; AND THEREFORE, Be it resolved, that the proper City officials be authorized to execute and approve on behalf of the City of Saint Paul Mn/DOT Agreement No. 89273, between the City of Saint Paul and the State of Minnesota, Department of Transportation, a copy of the Agreement being attached hereto and incorporated herein by reference. Adoption Certified by Council Secretary B �'' �/ ��/GCi liiirS�2.� Approved By�a�: Date ��— / / By • �� Requested by Department of: By : Recommended by OFS Director: BY � c`� J 4Lt—� - �11-��1 Form Approved by City Attorney: By: Approved�or for S ission to Council: By: Adopted by Council: Date �7� ��v�/G, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PW - rubHcworlcs Conqct Person & Phone: .Jce Mueller -- 26fi-6149 Must Be on Council Agenda by (Date); CnnfractType: RE-F2ESOLUf10N �E�� f Green Sheet NO: �' . Assign Number For Routing Order Tofal � of SignaWre Pages _(qip All Locations for Signaiure) Action Requested: Approve Resolution apThorizing the City to enter into a Cooperative Conshvction Agreement (Mn/DOT Ageement No. 89273) with Mn/DOT to consWct a drainage channel near Bazge Chaffiel Road. Recommendatiore: Appro�e (A) or Reject (R): Planning Commission CB Committee Ciul Senice Commission 3 i �_� ° �.�„y s<-�. ? ���/ ,.,,-�e. ,.kr ;. CostiRevenue Budgeted: Y Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' The Ciky and Mn/DOT Lave strnm sewers that discharge to an miimproved ditch. The ditch is presently not unlformly graded and is subject to erosion. The diteh is ]ocated northwesterly of Bazge Channel Road and Concord. AdvantaqesftApproved: Ditch will be graded and lined to provide uniform flow and no erosion. Disadvantages IiApproved: None 0� - Z�� 3029795 . 0 Wo I on er �Z 1 Tabli W r&s UenartmentAaauntin � 2 �nblicWoeks IDe ar� tDirecio 3 tv AKOrnev I � 4 oi s ce 5 un ' I Personal Service Gontracts MustMswerthe Following Questions: 1. Has this persorJfirm eeer worked under a contract Tor this departmerrt? Yes No 2. Has this persontfirm eeer been a city employee? � Yes No 3. Does this persoNfirrn possess a skill not normally possessed by any curreM ciry employee? � Yes No Explain all yes answers on separaM sheet and artach W green sheet r�`'• i , ��:�J + i ✓ DisadvantageslfNOtApproved: C � i �:�.-�� �a ��' Severe erosion will continue to occur. � ��� !�^'`a �. � m,,.3 � �� � ' RECENE� Total Amount of Trensaction: Funding Source: NJA Financiai Infortnation: (Explain) ActivRy Number. 1y/A FEB MAYORyS ����` Febrz�ary23, 2006 90:56AM Page 1 �� ���o PRE-LETTING STATE OF NiINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEP'fENT The State of Minnesota Department of Transportation, and The Citv of St. Paul Re: State cost drainage channel improvement construction by the City adjacent to T.H. 52 on Barge Channel Road at Concord Mn(DOT AGREE�i�IT NO _ 89273 S.P. 8825-213 C.P. 06-5-1953 _State Funds ORIGINAL AMOUNT ENCTJMBERED $116,000.00 AMOLFNT 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 i�s City Council, hereinafter referred to as the "City". 8 1 88273 WHEREAS, the City is about to perform drainage improvements including channel excavation, articulated concrete block channel paving, and reconstruction of outlet pzpe and headwall (Great Western Drainage Channel) construction and otner associated construction adjacent to Trunk Highway No. 52 on Barge Channel Road at Concord Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 06-5-1953 and by the State as State Project No. 8825-213; and WHEREAS, the City has requested participation by the State in the costs of the Great Westem Drainage Chanriel construction; and WHEREAS, the State is willing to participate in the costs of the Great Western Drainage Channel construction and associated construction engineering at a contributing flow rate of 50%, in an amount not to exceed $116,000.00 based on bids, as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 162.20, 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. IT TS, THEREFORS, MUTUAI,LY AGREED AS FOLLOWS: ARTICLE I- CONSTRIICTION BY TFIE CITY Section A. Coatract Award and Construction The Czty shall receive bids and award a construc�ion concract 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 Ci�y 2 ��'� �� 88273 Project No. 06-S-1953 and by the State as State Project No. 8825-213. The contract construction shall be perfosmed 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 District Engineer at-Roseville a copy o£ 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. Reiectioa 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 e�ense to the State. Sectioa D. Direction, Supervision and Insnection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer's authorized represencatives. The City shall give the 3 88273 District Engineer at Roseville five days notice of its intention to start the contract construction. � Respansibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and sha11 be carried out in accordance with Specifications No. Z602 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". Section E. Comnletioa of Coastruction 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, for unavoidable delays encountered in the performance thereof. Section F. Additional Coastruction PZan Chanaes Etc The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this Agreement and the terms and conditions in the following paragraph have been met. A11 changes in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and a11 addenda, change orders and supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State District Engineer's authorized � Ol� - a�D 88273 representative before payment is made by the State therefor. The maximum obligation of State participation is $116,000.00. Section G. Complianae with Laws, Ordinances and Regu7.ations The City sYxall, 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 H. Ricrht-of-Way, Easements and Permits The City sha11, without cost or expense to the State, obtain a11 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 State cost participation construction covered under this Agreement. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDUI,E ^I^ and EXHIBIT "A� A Preliminary SCHEDULE "I" and color-coded SXHIBIT "A" are attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated State cost participation construction items and the construction engineering cost share covered under this Agreement. EXHIBIT "A" shows all anticipated State cost participation storm sewer £acilities construction covered under this Agr2ement. 5 88273 Sectioa B. State Cost Particivatioa Construction The State sha11, at the percentage indicated, particigate in the following construction to be perfonned adjacent to Trunk Highway No. 52 on Barge Channel Road at Concord Street within the corporate City limits under State Project No. 8825-213. The construction includes the State's proportionate share of item costs for mobilization. l. 100 Percent sha11 be the State's rate of cost participation in alZ of the State outlet pipe extension construction as shown in "Blue" on EXHIBIT "A". The constrtiction inCludes, but is not limited to, those construction items as tabulated on Sheet No. 2 of the attachecY Preliminary SCHEDULE "I", 2. 67 Percent shall be the State's rate of cost participation in the storm sewer split No. 1 consisting of compacted common borrow construction from Station 11+35 to Station 11+97 as shown in °Orange" on EXHIBIT "A". The construction includes, but is not limited to, those construction items as tabulated on Sheet No. 3 of the attached Preliminary SCAEDULE '�I". 3. 33 Percent shall be the State's rate of cost participation in the storm sewer split No. 2 construction consisting of 5.5 inclz thickness of hand placed concrete as shown in "Red" on EXxIBIT "A^, The construction includes, but is not limited to, those construction items as tabulated on Sheet No, 3 of the attached Preliminary SCHEDULE "I". 4. 50 Percent shall be the State's rate of cost participatian in a11 of the drainage channel construction as shown in ^Pink" on EXHIBIT "A". The construction, includes, but is not limited to, � a�-a�o 88273 those construction items as tabulated on Sheet No. 3 of the attached Preliminary SCHEDULE "I". Sectioa C: Coastruction Encrineerina Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. Section D. Addenda, Chanae Orders and Supplemental Aareements Subject to limitation of State cost participation provided for in Article III, Section C. of this Agreement, 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 covered under this Agreement and that have been approved in writing by the State District Engineer's authorized representative. Section E. Liauidated Damaaes All liquidated flamages 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 contract construction cost before any deduction for liquidated damages. ARTICLE III - PAYMENT BY THE STATE Section A. Estima.te and Advancement of the State's Cost Share It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share and a contingency is the sum of $116,0�0.00 as shown in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and r2view of the construction contract bid documents described in Article I, 7 88273 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 up to the $116,000.00 maximum State obligation_ After the following conditions have been met, the State sha1Z advance to the City the State's total estimated construction cost share, which does not include the 8 percent construction engineering cost share or the contingency amount, as shown in the Revised SCF3EDULE "I^, subject to limitation of State cost participation provided for in Section C of this Article: 1. Encumbrance by the State of the State's total estimated construction cost share and the 8 percent construction engineering 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 approva2, of this Agreement and the State's transinittal of it to the City along with a copy of the Revised SCHEDULE "I" and a letter advising the Cicy of the State's concurrence in the award of the Construction contract. E OC� ��D 88273 4. Receipt by the State o£ 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 canstruction contract. Section B. Records Keepina and Invoicina bv 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. 5. A certification form attached to a copy af the Final SCHEDULE "I", both of which shall be provided by the State. � 88273 The City's Engineer in charge of the contract constzuction shall sign the certzfication form attesting to the following: a. Satisfactory performance and completion of al1 contract construction in accordance with State-approved City plans, specifications and special provisions. b. Acceptance and approval of all materials fumished 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. When requested by the State, copies, certified by the Czty's Engineer, of material sampZing reports and of material testing results for the materials furnished for the State cost participation construction covered under this Agreement. 7. A copy of the "as built" plan sent to the State's District Engineer. 8. A formal invoice (original and signed) in the amovnt due the City as shown in the Final SCHEDULE "I��. Sectioa C. Final Pavment bv the State Upon completion of all contract canstruction, the State sha11 prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCAEDULE "I" sha11 be based on final quantities, and include all State cost participation construction items and the construction engineering cost share covered under this Agreement; however, the 10 D� 88273 maximum obligation of the State under this Agreement shall not exceed $116,000.00. Sf the final cost of the State participation covered „ nder this Agreement is less than the amount of funds 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 5tate waives claim for the return of any amounts less than $5.00 of those funds advanced by the State. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castin s 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. Maintenance bv the Citv Upon satisfactory completion of the Great Western Drainage Channel construction to be performed within the corporate City limits under the construction contract, the City sha11 provide for the proper maintenance of those facilities, without cost or expense to the State. Maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of erosion problems, and structure, pipe, fence and guardrail repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, 11 58273 erosion, sedimentation or accelerated deterioratian of the facilities. Sectioa C. Additiona.l Drainaae Neither party to this Agreement shall drain any additional drainage into the stonn sewer facilities to be constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party_ The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Secfiion D. Future Resnonsibilities Upon satisfactory completion of the Great Western Drainage Channel construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and aIl obligations and Iiabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of the Great Western Drainage Channel and all of the facilities a part thereof construction hereunder, without cost or e�ense to the State. Section E. Termination of Aareement 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 termination. Upon such ternination, the City is entitled to payment for services 12 OC� -a-�i 88273 satisfactorily performed under this Agreement prior to the effective date of texmination. 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 1eve1 suffieient 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 F. Examination of Books, Records. Etc. As providecl by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of eaah 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 G. 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 thereo£ 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 Sta�e. Minrzesota Statutes Chapter 466 and other applicable 1aw govern liability of the City. 13 :��ar[: Section H. Nondiscrimi.nation 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. Sectioa I. Ac3reement AAproval 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 1aw may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICL& V - AIITHORIZED AGLTNTS The State's Authorized Agent for the purpose oE the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone n�er is 395 John Ireland Boulevard, Mailstop 682, St_ Paul, MN 55155, (651) 296-0969. The City's Authorized Agent �or the purpose of the administration of this Agreement is Joseph MueZler, Project Engineer or his successor. His current address and phone number is City of St. Paul, 700 City Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6149. REM�INDER OF PAGE INTENTIONALLY LEFT Br•nnnr 14 D� ��-�6 87273 IN TESTIMONY WF3EREOF the parties have executed this Agreement by their authorized officers. STATE ENCIII��RANCE VERIFICATZON Zndividual certifies tliat funds have been encumbered as required by Minn. Stat. �g 16A.15 and 16C.05- By Date MAPS Encumbrance No. CITY OF ST. PAUL Recommended for approval: By Director of Public Works Approved as to form and execution: By Assistant City Attorney By — Date B y — Date Finance and Management Services DEPARTMENT OF TRANSPORTATION Recax�ended for approval: By District Engineer Approved: By State Design Engineer Date Approved as to £orm and execution: By Date Contract Management COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 15 �� � Agreement No. 89273 Ivlinnesota Department of Transportation Municipal Agreements Unit EXHIBIT "A" COLOR CODE FOR COST PARTICIPATION 100°/a State Blue 100% Municipality 90% State - 10% Municipality, or 60°/o 5tate - 40% Municipality First Storm Sewer Split: 67% State - 33% Municipality Second Storm Sewer Split: 33% State - 67% Municipality 50% State - 50% Municipality Other: % State - • % Municipaliry Yellow � Green � Orange Red Pink Heliotrope � � N CITY OF ST. PAUL RESOLU'!'ION IT IS RESOLVEU that the City af St. Paui enter into MnlDOT bQreement No. 89273 with the State of Minnesota, i}eparf�nent of Transportafion for the foIlowing purposes: To provide for gayment by the State to the City of the State's share of the costs of the Crreat Western Drainage Channel consmact'ton and other associated construction to be performed adjacenY to Trunk Highway No. 52 on Bazge Channel Road at Concard Street within the corporate City limits under State Project No. 8&25-213. IT IS FURTI3ER RESOLVED that the Mayor and the cru�> authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION are I certify that the above Resolution is an accurate copy of the Resolution adopted by the Councii of the City of St. Paul at an authorized rneeting heid on the day of , 2006, as shown by the minutes of the meeting in my possession. Sabscribed and sworn to before me this day of , 2006 i I3otary Public _ �fy Comanssion Expires <s;��� 4'YPe oc Princ Name) ��� �� � ����