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06-38Councii File # (�p RESOLUTION � Presented Referred To Green Sheet # 3029029 Committee Date �l WHEREAS, the nnprovements on Charlton Avenue between Annapolis Street and 105 feet south of the south property line of Sidney Street will be under the supervision of the City of Saint Paul, and in accordance with City Project No. OS-P-8135. WHEREAS, the City of Saint Paul desires to enter into a Cooperative Construction Agreement with West Saint Paul; now therefore be it RESOLVED, that we hereby authorize the proper City officials to sign the Agreement. Yeas Nays Absent Benanav �/ Bostrom �/ Aazris � Helgen ✓ Lanhy r/ Montgomery �/ Thune ✓ � � � Adopted by Council: Date __��,�nu�� Adopfion Certified by Council Secretary By: // //�/i /il�i.f-Sii�r ApprovedbyMa . te 1 JG By: PAUL, MINNESOTA Requested by Depamnent of: Public Works � ./�� Form Ap ed by City Attorney B C/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DapartrnenNoffice/counc7: Date Mitiated: - �+`�• �� Pw -�b,;�W� 03DEG05 Green Sheet NO: 3029029 ConWCt Person & Phone: Barb Mundahl 266 G112 Council Fgenda by (Date): Contsact Type: RE-RESOLUTION . , Assign Number For Routing Order 0 1 2 3 4 5 6 7 UCDarU11Ep[ aen[iorerson ' bli Wor Di ' 'on : Mi W rks De L Accomti � 61i �Vorks De t Director un il ncii ce a or' ffi Citv Clerk Citv Cl�'k _ -05 Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: , Approve a Council Resolution authorizing proper City o�cials to en[er into a Cooperative Constraclion Agreement with Wes[ Saint , Paul for Reconstruction of Charlton Avenue from Annapolis Street to 105 feet south of the south property line of Sidney. Recommendations: Appro�e (A) or Reject (R): Ptanning Commission CIB Committee - GNI Senice Commission Personal Service Contracts Must 1. Has this person/firtn e�er wnrked under a contract fur this depaAment? Yes No 2. Has this persoNfirm e�er been a city empioyee? Yes No 3. Does this persorJfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and aMach to green sheet Initiating Problem, Issues, Opportunity (Who, Wha; When, Where, Why): The agreemen[ must be signed in order for the work to proceed. �t��',�f�� AdvanW9esIfAPProved: � ��` l � L ��' J . � �� m �� The project wiil pmceed as planned. D��. 2�. eo ' 1VIAYOR'S OFF+CE v �� -�� Disadvantages Pf Approved: None Oisadvantages NNOtApproved: The City will not receive funding from [he City of West Saint Paul. Transaction: Fundinq Source: N/q Financial information: (Explainj CostlRevenue Budgeted: \' ActiviryNUmber: rJ/q i �Ji$��i t�x.�,g?°'..s� s°�,.n�V9 � DEC 2 3 ZOQS ' a 4 December �6, 2005 12:07 PM Page 1 COOPERATIVE CONSTRUCTION AGREEMENT December 9, 2005 C��P� t,J��' J� THIS AGREEMENT, made and entered into this 9th. day of December, 2005, by and between the CITY OF WEST SAINT PAUL, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "West Saint Paul", and the CITY OF SAINT PAUL, a municipal corporation under the laws of the 5tate of Minnesota, hereinafter referred to as "Saint Paul". WITNE3SETH; WAEREAS, West Saint Paul and Saint Paul have been negotiating to bring about the improvement of that portion of CHARLTON STREET between Annapolis Street and 105' south of the south property line of Sidney Street and WHEREAS, the improvement contemplates and includes grading catch basins and leads, concrete curb and gutter, a bituminous surface street, and other related work; and WHEREAS, 5aint Paul is planning on constructing these improvements; and WHEREAS, Saint Paul has prepared pians and specifications for the above described improvement; and WHEREAS, the Contractor shali co-insure W est Saint Paul; and WHEREAS, the above described improvement lies within the corporate limits of West Saint Paul and of Saint Paul; and WHEREAS, the Saint Paul Project Engineer has on December 9, 2005, prepared an Engineer's estimate of the quantities and unit prices of materials and labor for the above described improvement, showing the specific items far Charlton Street, as costs chargeable to West Saint Paul based on the Contractor's unit prices and the quantities constructed, a copy of which (marked Exhibit "A'� is attached hereto and by this reference, is made a part hereoF; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes Sec. 471.59, Joint Exercise of Powers. a6 � NOW THEREFORE IT IS HEREBY AGREED: I. West Saint Paul, by this Agreement, permits and authorizes Saint Paul to construct the above mentioned street improvements and related work within the corporate limits of West Saint Paul, in accordance with the plans and specifications approved by both parties. II. All conshuction permits for said improvements required by either party for work in its corporate limits by the second party are granted, upon execution of this Agreement. III. All extra work orders or changes during the construction of said improvements shall be subject to approval, by change order in writing by both parties, prior to that construction. � West Saint Paul will compensate Saint Paul for its share of the roadway and drainage construction costs as shown in Exhibit "A", the total cost thereof being the amount of $37,265.61. The above cost is the cost as bid by the Contractor, It is understood that the above cost will be adjusted when the actual costs are determined, and that West Saint Paul will compensate Saint Paul for West Saint Paul's share of actual costs attributable to the road and drainage work to be performed under this Agreement. All records and costs pertaining to the work to be performed under this Agreement shali be kept by Saint Paul and West Saint Paul in accordance with the estabiished record keeping and accounting procedures developed by each party. ilpon completion of the work, Saint Paul will submit a payment request to West Saint Paul, payable in fuil within sixty (60) days of the billing date. It is understood that all aforementioned services include 19.5% of the actual conshuction costs for engineering and inspection. -.. . �� 3� v. Maintenance and public safety will be the responsibility of Saint Paul during the construction phase, as such pertains to the construction project. VI. It is further agreed that any and all employees of West Saint Paul and all other persons engaged by West Saint Paul in the performance of any work or services required, volunteered, or provided for herein to be performed by West Saint Paul, shall not be considered employees of Saint Paul, and that any and all claims that may arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Saint Paul. Tt is also agreed that, any and all employees of Saint Paul and all other persons engaged by Saint Paul in the performance of any work or services required, volunteered, or provided for herein to be performed by Saint Paul, shall not be considered employees of West Saint Paul, and that any and ail claims that may arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work ar services provided to be rendered herein, shall in no way be the obligation or responsibility of West Saint Paul. VII. All previous agreements regarding street maintenance shall remain in effect after the improvements refened to in this Agreement are completed. This agreement shall have no effect on these earlier maintenance agreements. VIII. Upon completion of this project, Saint Paul will own the facilities constructed within its right-of-way, and West Saint Paul will own the facilities constructed within its right-of-way. Any future disposition of property constructed as part of this project shall be conducted pursuant to Minnesota Statutes 471.59, Subd. 5. � � • The provisions of Minnesota Statutes, Sea 181.59, and of any applicable local ordinance relating to Civil Rights and Discrimination, shall be considered a part of this Agreement as if fully set forth herein. Paul. This construction agreement shall remain in effect until the time it is terminated by Saint IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf respectively by their proper officers thereunto duly authorized and have caused their corporate seals to be hereunto affixed as of the day and year first above written. Approved as to Form: CITY OF SAINT PAUL � City Attorney By: Mayor By: Director of Public Works By: Director, Financiai Services CITY OF WEST SAINT PAUL By: Mayor By: By: � �� ENGINEERING 8 INSPECTION (19.5%) $6,081.00 TOTAL SYl,2&5.61