Loading...
98-270ORIGINA�. Presented By Council File # � V � °�� b Green sheet # 62855 RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� o � Re£erred To Committee: Date 1 2 3 WHEREAS, the Minnesota Department of Transportation has agreed to participate and 4 assist with the preparation of an Environmental Impact Study of Ayd Mifl Road, from I-35E to I-94, 5 with staff and funding, and 6 7 THEREFORE BE IT RESOLVED, that the proper city oSficials be authorized to execute and 8 approve, on behaif of the City of Saint Paul, Minnesota Department of Transportation 9 Agreement Number 76058, between the City of Saint Paul and the Minnesota Department of 14 Transportation, a copy of said agreement being attached hereto and incorporated herein by i i reference. 12 13 14 15 16 i7 18 19 20 2t 22 23 24 25 Requested by Department of: Public Works $ /et.0 l.�r� � Stacy B ker, Director Adopted by Council: Date 1� � c�5��1� Form Appro d by City Attorney Adoption Certified by Council Secretary �i✓ I"�VW'�'� �/f� f?p �l� n . By � By: Approved � �' � Mayor to Council By: � � 1��-�^�'� By: �il2'_1�rn DEPARTMENT/OFFIGE/GOUNCIL DATEINITATED GREEN SHEET N0. 62 8 55 �� Public Works March 24, 1998 ��T Upq7E INfT1AUDATE CONTACT PERSON & PHONE � DEPRRTMENT DIREC7�R�_ ❑7 CITI COUNqI Michael C. Idassen 266-62A9 � PoR � CISY AT(OFNEY ���Rx MUST BE ON CqUNCIL AGENOA BY (OA"fE) pp{J�iNG ��� � BUD6ET DIRECTOR � FIN. & MGT. SERVICES DIR AS Soon as possible � MAYOR (OR ASSI5fANT) Qj Mike }Oassen 70TAL S OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS F-0R SIGNA7URE� �ASSOCIATE � OFFT. ACCOUDf�ANT ACiION RC-0UESTED Approve ihe attached Council Resolution authoring proper City officials to execuie an agreement beiween the City and the Minnesota Department of Transportation (Agreement #76058, copy attached) peRaining to the Environmental Impact Study of Ayd Mill Road. HECOMMENDA170N5: Approve (a) wReject (FY� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTONS: PLANNING COMMISSION CML SERVICE COMMISSION 1. Has this persoNfiim ever wo�lced undet a com2ct for this tlepartmerit? — — YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? — — YES NO �' g7pFF 3. Does this personlfirtn possess a skill not nortnally possessetl by any current ciry — — employee? DISTRICTCOUNCIL YES NO SUPPORTS WHICH COUNCIL O&IECT7VE? Expfain alf yes answers on separate sheet antl attach to green sheet INI'ilA71NG PROBLEM, ISSUE, OPPOR7UMT' (WHO, WNAT, WHEN, WHERE, WHY): The Minnesota Department of Transportation has agreed to participate and assist with the preparation ofi an Environmentai Impact Study (EIS) on Ayd Mill Road, from I-35E to I-94, with staff and up to $300,000.00 of funding. ADVANTAGES IF APPROVED: City will continue to receive Mn/Dot staff assistance and receive up to $300,000.00 towards funding a complete EIS on Ayd Mill Road. C�uru��, Redearc� Genter MAR 3 p 1998 �ISADVANTAGES IF APPROVED: � None "���$� � ' �AR 26 i998 � a ��-�� ��� � DISADVANTAGES IF NOT APPROVED: The City could not receive Mn/Dot funding for use on the Ayd Mill Road EIS. TOiALAMOUNTOFTRANSACTION$ �300,000.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE CIB&MMDot ACINf1YNUMBER CJZ-ZSO'�3 FINANCIAL INFORMATION: (EXPW N) NOW, THEREFORE, it is agreed: I. Q It � ¢� N V, 1•f� °�g'�.�o DiTT'rRC nF THR ['qNTrz A('T(1R The CONTRACTOR shall pcovide MnlDOT with Scoping Decision documents , Public Hearing Document, Selected Prefered Alternarives and EIS for Ayd Mill Road corridor between I-35E and I-94. DTiTTRC nP M„mnT Ivin/DOT will analyze and review the Scoping Decision documents, Draft �nal EIS and Final EIS to determine if they correspod to Mn/DOT's standards and requirements. [�T�I�(.'lllTCil7vY(� ♦ : �t� Y : u _�__'_ 6�l � ��nc;dPrafi�., for all services performed u�d goods or materials supplied by the CONTRACTOR pursuant to this Contract shall be paid by Mn/DOT using Lump Sum method of payment in accordance with the following: 1. After the Scoping Decision documents are received and accepted by MnIDOT -$100,000.00 2. After the DraR Final EIS is received and accepted by MnlDOT 3. After the Final EIS is received and approved by Mn/DOT The total Amount of payment to Contractor shall not exceedd $300,0OO.OQ . 11 t11 11 �j'��G:II15:I�i;U �n„c �,_ f� Pnt Payment shall be made by Mn/DOT prompdy after CONTRACTOR'S presentafion of invoices for services performed and acceptance of such services by Mn/DOT's Authorized Represenqtive pursuant to Clause VII. Invoices shall be submitted in a form prescribed by MnJDOT and according to the schedule listed in Secfion A above. C�lNni'1'(nNC clF PAVMFN'r All services provided by CONTRACTOR pursuant to this wntract shall be performed to the satisfaction of Ivfi�/DOT, as detennined at the sole discrekion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, niles and regulations. CONTRACTOR shall not receive payment for work found by Mn/DOT to be unsadsfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. TFRM (SF C'CSNTR A('T 'I'fiiS Contract shall be effective On May 30 1997, or upon such date as it is approved and executed by the appropriate CONTRACTOR, Mn/DOT and state officials, whichevec occurs later, and shall remain in effect until 7une 30, 1998, or until ail obligafions set forth in this Contract have been satisfactorily fulfilled, whichever occurs first. C'AN(`FT�T ATT()N � Contract may be canceled by Mn/DOT at any time, with or without cause, upon thirry (30) days' written notice to the other party. In the event of such a canceliafion the CONTRACTOR shail be entided to payment, determined on a pro rata basis, for work or services sarisfactorily performed. (7/96) Joint Poweis Agreemea[ (Mn1UOT Agroement NoJ6058 ) Page 2 .. q�-�.�to VII. AriTHC)RtZEI) uFPURAExTATTVF MnJDOT's Authorized Representative for the purposes of administration of this Contract are: Mazc Goess, P.E. - Project Manager, and Alex Chernyaev, P.E.,- Agreement Administrator. The CONTRACTOR's Authorized Representahve for the purposes of administradon of tivs Contract is Michael C. Ktassen, Project Manager_ Mn/DOT's Authorized Represenrative shall have final authority for accephnce o£ CONTRACTOR'S services. If such services are accepted as sa6sfactory, sball so certify on each invoice submitted pursuant to Clause II, paragraph B. �, ACSrC�NMRNT CONTRACTOR sha11 neither assign nor transfer any rigpts or obligadons under this Contract without the prior written approval of Mn(DOT. IX, i 7 aRTi .ITY CONTRACTOR shail indemnify, save, and hold MnlDOT, its agents, and employees harmless from any and all claims or causes of ac6on arising from the performance of this Contract by the CONTRACTOR, or the COI3TRACTOIt's agerns or employees. This clause shall not be construed to bar any ]egal remedies the CONTRACTOR may have for MnJDOT's failure to fulfill its obligations pursuant to this Contract. MnIDOT's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law. �. AMFNnMFNTC ,e,ny amendments to this Contract shall be in wri6ng, and shall be executed by the same parfies who executed the original Contract, or their successors in office. � � _ r • .ai : .� • • „ : r : _ . � . r r 7_��7z��a�:r�r•� A. CONTRACTOR shall comply with the Minnesota Data Practices Act as it applies to all data provided by the Mn/DOT in accordance with dvs Coniract arnl as it applies to all data created, gathered, generated or acquired in accordance with this Contract. B. Upon payment in fiill for the applicable materials, Mn/DOT shall own all rights, including all intellectual properry rights, in all origmal materials, including any invendons, reports, studies, designs, drawings, specifications, notes, documents, software and documenfarion, computer based training modules, elechronically or magnetically recorded material, and other work in whatever form developed or created by CONTRACTOR, and its employees individually or jointly with others, or any subcontractor in the performance of its obligarions under this Conh�act. X[I. cTATF AiTnTTC �e booY.s, records, documenis, and accounting procedures and practices of CONTRACTOR relevant to this Coniract shall be subject to exa by MnlDOT's auditoz, and the state or legislative auditor, as appropriate• ()/g6) Joiat Powers Agreemznt (MnlDO'C Agreement No.76058 ) Page 3 .. 9F�-3.'1 b XIII. WORKERS' COMPENSATION Tn accordance with Minnesota Stahrtes Section 176.182, as enacted, CONTRACTOR sha11 provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes Section 176.181, subdivision 2, as enacte� prior to commencement of any duties to he performed under this contract. �. PTiRT3('iTY �y publicity given to the program, publicafions, or services provided resulting from this Contract, including, but not limited w, norices, uiformafional pamphlets, press celeases, research, reports, signs, and similar public notices prepared by or for CONTRACTOR or its employees individually or joindy with others, or arry subcontractors shall identify MnlDOT as ihe sgonsoring agency and shall not be released, unless such release is a specific part of an approved work pian included in this Contract prior to its approval by MnlDOT's Authorized Representative. �, nTRRR aRnVrCrnNC (Attach additional page if necessary): (?/96) Joiat Yowcis Agieemcnt (MsJD(Yf Agroeme� No.76058 ) Page 4 qk-a*1 IN WiTNESS WI�REOF, ihe pacties have caused this Contract to be duly exeeuted intending to be bound thereby. CONTRACTOR sy: Tide: � Title: Date: AEPARTMENT OF TRANSPORTATION �� Tide: Date: Approved as to Form and Execution Assistant Attorney General DEPARI'MENT OP ADMINISTRATION BY� Date: (7/96) Jomt Powets Agroement (Mn1D0'T Agrcement No.76058 ) Pagz 5 ORIGINA�. Presented By Council File # � V � °�� b Green sheet # 62855 RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� o � Re£erred To Committee: Date 1 2 3 WHEREAS, the Minnesota Department of Transportation has agreed to participate and 4 assist with the preparation of an Environmental Impact Study of Ayd Mifl Road, from I-35E to I-94, 5 with staff and funding, and 6 7 THEREFORE BE IT RESOLVED, that the proper city oSficials be authorized to execute and 8 approve, on behaif of the City of Saint Paul, Minnesota Department of Transportation 9 Agreement Number 76058, between the City of Saint Paul and the Minnesota Department of 14 Transportation, a copy of said agreement being attached hereto and incorporated herein by i i reference. 12 13 14 15 16 i7 18 19 20 2t 22 23 24 25 Requested by Department of: Public Works $ /et.0 l.�r� � Stacy B ker, Director Adopted by Council: Date 1� � c�5��1� Form Appro d by City Attorney Adoption Certified by Council Secretary �i✓ I"�VW'�'� �/f� f?p �l� n . By � By: Approved � �' � Mayor to Council By: � � 1��-�^�'� By: �il2'_1�rn DEPARTMENT/OFFIGE/GOUNCIL DATEINITATED GREEN SHEET N0. 62 8 55 �� Public Works March 24, 1998 ��T Upq7E INfT1AUDATE CONTACT PERSON & PHONE � DEPRRTMENT DIREC7�R�_ ❑7 CITI COUNqI Michael C. Idassen 266-62A9 � PoR � CISY AT(OFNEY ���Rx MUST BE ON CqUNCIL AGENOA BY (OA"fE) pp{J�iNG ��� � BUD6ET DIRECTOR � FIN. & MGT. SERVICES DIR AS Soon as possible � MAYOR (OR ASSI5fANT) Qj Mike }Oassen 70TAL S OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS F-0R SIGNA7URE� �ASSOCIATE � OFFT. ACCOUDf�ANT ACiION RC-0UESTED Approve ihe attached Council Resolution authoring proper City officials to execuie an agreement beiween the City and the Minnesota Department of Transportation (Agreement #76058, copy attached) peRaining to the Environmental Impact Study of Ayd Mill Road. HECOMMENDA170N5: Approve (a) wReject (FY� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTONS: PLANNING COMMISSION CML SERVICE COMMISSION 1. Has this persoNfiim ever wo�lced undet a com2ct for this tlepartmerit? — — YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? — — YES NO �' g7pFF 3. Does this personlfirtn possess a skill not nortnally possessetl by any current ciry — — employee? DISTRICTCOUNCIL YES NO SUPPORTS WHICH COUNCIL O&IECT7VE? Expfain alf yes answers on separate sheet antl attach to green sheet INI'ilA71NG PROBLEM, ISSUE, OPPOR7UMT' (WHO, WNAT, WHEN, WHERE, WHY): The Minnesota Department of Transportation has agreed to participate and assist with the preparation ofi an Environmentai Impact Study (EIS) on Ayd Mill Road, from I-35E to I-94, with staff and up to $300,000.00 of funding. ADVANTAGES IF APPROVED: City will continue to receive Mn/Dot staff assistance and receive up to $300,000.00 towards funding a complete EIS on Ayd Mill Road. C�uru��, Redearc� Genter MAR 3 p 1998 �ISADVANTAGES IF APPROVED: � None "���$� � ' �AR 26 i998 � a ��-�� ��� � DISADVANTAGES IF NOT APPROVED: The City could not receive Mn/Dot funding for use on the Ayd Mill Road EIS. TOiALAMOUNTOFTRANSACTION$ �300,000.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE CIB&MMDot ACINf1YNUMBER CJZ-ZSO'�3 FINANCIAL INFORMATION: (EXPW N) NOW, THEREFORE, it is agreed: I. Q It � ¢� N V, 1•f� °�g'�.�o DiTT'rRC nF THR ['qNTrz A('T(1R The CONTRACTOR shall pcovide MnlDOT with Scoping Decision documents , Public Hearing Document, Selected Prefered Alternarives and EIS for Ayd Mill Road corridor between I-35E and I-94. DTiTTRC nP M„mnT Ivin/DOT will analyze and review the Scoping Decision documents, Draft �nal EIS and Final EIS to determine if they correspod to Mn/DOT's standards and requirements. [�T�I�(.'lllTCil7vY(� ♦ : �t� Y : u _�__'_ 6�l � ��nc;dPrafi�., for all services performed u�d goods or materials supplied by the CONTRACTOR pursuant to this Contract shall be paid by Mn/DOT using Lump Sum method of payment in accordance with the following: 1. After the Scoping Decision documents are received and accepted by MnIDOT -$100,000.00 2. After the DraR Final EIS is received and accepted by MnlDOT 3. After the Final EIS is received and approved by Mn/DOT The total Amount of payment to Contractor shall not exceedd $300,0OO.OQ . 11 t11 11 �j'��G:II15:I�i;U �n„c �,_ f� Pnt Payment shall be made by Mn/DOT prompdy after CONTRACTOR'S presentafion of invoices for services performed and acceptance of such services by Mn/DOT's Authorized Represenqtive pursuant to Clause VII. Invoices shall be submitted in a form prescribed by MnJDOT and according to the schedule listed in Secfion A above. C�lNni'1'(nNC clF PAVMFN'r All services provided by CONTRACTOR pursuant to this wntract shall be performed to the satisfaction of Ivfi�/DOT, as detennined at the sole discrekion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, niles and regulations. CONTRACTOR shall not receive payment for work found by Mn/DOT to be unsadsfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. TFRM (SF C'CSNTR A('T 'I'fiiS Contract shall be effective On May 30 1997, or upon such date as it is approved and executed by the appropriate CONTRACTOR, Mn/DOT and state officials, whichevec occurs later, and shall remain in effect until 7une 30, 1998, or until ail obligafions set forth in this Contract have been satisfactorily fulfilled, whichever occurs first. C'AN(`FT�T ATT()N � Contract may be canceled by Mn/DOT at any time, with or without cause, upon thirry (30) days' written notice to the other party. In the event of such a canceliafion the CONTRACTOR shail be entided to payment, determined on a pro rata basis, for work or services sarisfactorily performed. (7/96) Joint Poweis Agreemea[ (Mn1UOT Agroement NoJ6058 ) Page 2 .. q�-�.�to VII. AriTHC)RtZEI) uFPURAExTATTVF MnJDOT's Authorized Representative for the purposes of administration of this Contract are: Mazc Goess, P.E. - Project Manager, and Alex Chernyaev, P.E.,- Agreement Administrator. The CONTRACTOR's Authorized Representahve for the purposes of administradon of tivs Contract is Michael C. Ktassen, Project Manager_ Mn/DOT's Authorized Represenrative shall have final authority for accephnce o£ CONTRACTOR'S services. If such services are accepted as sa6sfactory, sball so certify on each invoice submitted pursuant to Clause II, paragraph B. �, ACSrC�NMRNT CONTRACTOR sha11 neither assign nor transfer any rigpts or obligadons under this Contract without the prior written approval of Mn(DOT. IX, i 7 aRTi .ITY CONTRACTOR shail indemnify, save, and hold MnlDOT, its agents, and employees harmless from any and all claims or causes of ac6on arising from the performance of this Contract by the CONTRACTOR, or the COI3TRACTOIt's agerns or employees. This clause shall not be construed to bar any ]egal remedies the CONTRACTOR may have for MnJDOT's failure to fulfill its obligations pursuant to this Contract. MnIDOT's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law. �. AMFNnMFNTC ,e,ny amendments to this Contract shall be in wri6ng, and shall be executed by the same parfies who executed the original Contract, or their successors in office. � � _ r • .ai : .� • • „ : r : _ . � . r r 7_��7z��a�:r�r•� A. CONTRACTOR shall comply with the Minnesota Data Practices Act as it applies to all data provided by the Mn/DOT in accordance with dvs Coniract arnl as it applies to all data created, gathered, generated or acquired in accordance with this Contract. B. Upon payment in fiill for the applicable materials, Mn/DOT shall own all rights, including all intellectual properry rights, in all origmal materials, including any invendons, reports, studies, designs, drawings, specifications, notes, documents, software and documenfarion, computer based training modules, elechronically or magnetically recorded material, and other work in whatever form developed or created by CONTRACTOR, and its employees individually or jointly with others, or any subcontractor in the performance of its obligarions under this Conh�act. X[I. cTATF AiTnTTC �e booY.s, records, documenis, and accounting procedures and practices of CONTRACTOR relevant to this Coniract shall be subject to exa by MnlDOT's auditoz, and the state or legislative auditor, as appropriate• ()/g6) Joiat Powers Agreemznt (MnlDO'C Agreement No.76058 ) Page 3 .. 9F�-3.'1 b XIII. WORKERS' COMPENSATION Tn accordance with Minnesota Stahrtes Section 176.182, as enacted, CONTRACTOR sha11 provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes Section 176.181, subdivision 2, as enacte� prior to commencement of any duties to he performed under this contract. �. PTiRT3('iTY �y publicity given to the program, publicafions, or services provided resulting from this Contract, including, but not limited w, norices, uiformafional pamphlets, press celeases, research, reports, signs, and similar public notices prepared by or for CONTRACTOR or its employees individually or joindy with others, or arry subcontractors shall identify MnlDOT as ihe sgonsoring agency and shall not be released, unless such release is a specific part of an approved work pian included in this Contract prior to its approval by MnlDOT's Authorized Representative. �, nTRRR aRnVrCrnNC (Attach additional page if necessary): (?/96) Joiat Yowcis Agieemcnt (MsJD(Yf Agroeme� No.76058 ) Page 4 qk-a*1 IN WiTNESS WI�REOF, ihe pacties have caused this Contract to be duly exeeuted intending to be bound thereby. CONTRACTOR sy: Tide: � Title: Date: AEPARTMENT OF TRANSPORTATION �� Tide: Date: Approved as to Form and Execution Assistant Attorney General DEPARI'MENT OP ADMINISTRATION BY� Date: (7/96) Jomt Powets Agroement (Mn1D0'T Agrcement No.76058 ) Pagz 5 ORIGINA�. Presented By Council File # � V � °�� b Green sheet # 62855 RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� o � Re£erred To Committee: Date 1 2 3 WHEREAS, the Minnesota Department of Transportation has agreed to participate and 4 assist with the preparation of an Environmental Impact Study of Ayd Mifl Road, from I-35E to I-94, 5 with staff and funding, and 6 7 THEREFORE BE IT RESOLVED, that the proper city oSficials be authorized to execute and 8 approve, on behaif of the City of Saint Paul, Minnesota Department of Transportation 9 Agreement Number 76058, between the City of Saint Paul and the Minnesota Department of 14 Transportation, a copy of said agreement being attached hereto and incorporated herein by i i reference. 12 13 14 15 16 i7 18 19 20 2t 22 23 24 25 Requested by Department of: Public Works $ /et.0 l.�r� � Stacy B ker, Director Adopted by Council: Date 1� � c�5��1� Form Appro d by City Attorney Adoption Certified by Council Secretary �i✓ I"�VW'�'� �/f� f?p �l� n . By � By: Approved � �' � Mayor to Council By: � � 1��-�^�'� By: �il2'_1�rn DEPARTMENT/OFFIGE/GOUNCIL DATEINITATED GREEN SHEET N0. 62 8 55 �� Public Works March 24, 1998 ��T Upq7E INfT1AUDATE CONTACT PERSON & PHONE � DEPRRTMENT DIREC7�R�_ ❑7 CITI COUNqI Michael C. Idassen 266-62A9 � PoR � CISY AT(OFNEY ���Rx MUST BE ON CqUNCIL AGENOA BY (OA"fE) pp{J�iNG ��� � BUD6ET DIRECTOR � FIN. & MGT. SERVICES DIR AS Soon as possible � MAYOR (OR ASSI5fANT) Qj Mike }Oassen 70TAL S OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS F-0R SIGNA7URE� �ASSOCIATE � OFFT. ACCOUDf�ANT ACiION RC-0UESTED Approve ihe attached Council Resolution authoring proper City officials to execuie an agreement beiween the City and the Minnesota Department of Transportation (Agreement #76058, copy attached) peRaining to the Environmental Impact Study of Ayd Mill Road. HECOMMENDA170N5: Approve (a) wReject (FY� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTONS: PLANNING COMMISSION CML SERVICE COMMISSION 1. Has this persoNfiim ever wo�lced undet a com2ct for this tlepartmerit? — — YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? — — YES NO �' g7pFF 3. Does this personlfirtn possess a skill not nortnally possessetl by any current ciry — — employee? DISTRICTCOUNCIL YES NO SUPPORTS WHICH COUNCIL O&IECT7VE? Expfain alf yes answers on separate sheet antl attach to green sheet INI'ilA71NG PROBLEM, ISSUE, OPPOR7UMT' (WHO, WNAT, WHEN, WHERE, WHY): The Minnesota Department of Transportation has agreed to participate and assist with the preparation ofi an Environmentai Impact Study (EIS) on Ayd Mill Road, from I-35E to I-94, with staff and up to $300,000.00 of funding. ADVANTAGES IF APPROVED: City will continue to receive Mn/Dot staff assistance and receive up to $300,000.00 towards funding a complete EIS on Ayd Mill Road. C�uru��, Redearc� Genter MAR 3 p 1998 �ISADVANTAGES IF APPROVED: � None "���$� � ' �AR 26 i998 � a ��-�� ��� � DISADVANTAGES IF NOT APPROVED: The City could not receive Mn/Dot funding for use on the Ayd Mill Road EIS. TOiALAMOUNTOFTRANSACTION$ �300,000.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE CIB&MMDot ACINf1YNUMBER CJZ-ZSO'�3 FINANCIAL INFORMATION: (EXPW N) NOW, THEREFORE, it is agreed: I. Q It � ¢� N V, 1•f� °�g'�.�o DiTT'rRC nF THR ['qNTrz A('T(1R The CONTRACTOR shall pcovide MnlDOT with Scoping Decision documents , Public Hearing Document, Selected Prefered Alternarives and EIS for Ayd Mill Road corridor between I-35E and I-94. DTiTTRC nP M„mnT Ivin/DOT will analyze and review the Scoping Decision documents, Draft �nal EIS and Final EIS to determine if they correspod to Mn/DOT's standards and requirements. [�T�I�(.'lllTCil7vY(� ♦ : �t� Y : u _�__'_ 6�l � ��nc;dPrafi�., for all services performed u�d goods or materials supplied by the CONTRACTOR pursuant to this Contract shall be paid by Mn/DOT using Lump Sum method of payment in accordance with the following: 1. After the Scoping Decision documents are received and accepted by MnIDOT -$100,000.00 2. After the DraR Final EIS is received and accepted by MnlDOT 3. After the Final EIS is received and approved by Mn/DOT The total Amount of payment to Contractor shall not exceedd $300,0OO.OQ . 11 t11 11 �j'��G:II15:I�i;U �n„c �,_ f� Pnt Payment shall be made by Mn/DOT prompdy after CONTRACTOR'S presentafion of invoices for services performed and acceptance of such services by Mn/DOT's Authorized Represenqtive pursuant to Clause VII. Invoices shall be submitted in a form prescribed by MnJDOT and according to the schedule listed in Secfion A above. C�lNni'1'(nNC clF PAVMFN'r All services provided by CONTRACTOR pursuant to this wntract shall be performed to the satisfaction of Ivfi�/DOT, as detennined at the sole discrekion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, niles and regulations. CONTRACTOR shall not receive payment for work found by Mn/DOT to be unsadsfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. TFRM (SF C'CSNTR A('T 'I'fiiS Contract shall be effective On May 30 1997, or upon such date as it is approved and executed by the appropriate CONTRACTOR, Mn/DOT and state officials, whichevec occurs later, and shall remain in effect until 7une 30, 1998, or until ail obligafions set forth in this Contract have been satisfactorily fulfilled, whichever occurs first. C'AN(`FT�T ATT()N � Contract may be canceled by Mn/DOT at any time, with or without cause, upon thirry (30) days' written notice to the other party. In the event of such a canceliafion the CONTRACTOR shail be entided to payment, determined on a pro rata basis, for work or services sarisfactorily performed. (7/96) Joint Poweis Agreemea[ (Mn1UOT Agroement NoJ6058 ) Page 2 .. q�-�.�to VII. AriTHC)RtZEI) uFPURAExTATTVF MnJDOT's Authorized Representative for the purposes of administration of this Contract are: Mazc Goess, P.E. - Project Manager, and Alex Chernyaev, P.E.,- Agreement Administrator. The CONTRACTOR's Authorized Representahve for the purposes of administradon of tivs Contract is Michael C. Ktassen, Project Manager_ Mn/DOT's Authorized Represenrative shall have final authority for accephnce o£ CONTRACTOR'S services. If such services are accepted as sa6sfactory, sball so certify on each invoice submitted pursuant to Clause II, paragraph B. �, ACSrC�NMRNT CONTRACTOR sha11 neither assign nor transfer any rigpts or obligadons under this Contract without the prior written approval of Mn(DOT. IX, i 7 aRTi .ITY CONTRACTOR shail indemnify, save, and hold MnlDOT, its agents, and employees harmless from any and all claims or causes of ac6on arising from the performance of this Contract by the CONTRACTOR, or the COI3TRACTOIt's agerns or employees. This clause shall not be construed to bar any ]egal remedies the CONTRACTOR may have for MnJDOT's failure to fulfill its obligations pursuant to this Contract. MnIDOT's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law. �. AMFNnMFNTC ,e,ny amendments to this Contract shall be in wri6ng, and shall be executed by the same parfies who executed the original Contract, or their successors in office. � � _ r • .ai : .� • • „ : r : _ . � . r r 7_��7z��a�:r�r•� A. CONTRACTOR shall comply with the Minnesota Data Practices Act as it applies to all data provided by the Mn/DOT in accordance with dvs Coniract arnl as it applies to all data created, gathered, generated or acquired in accordance with this Contract. B. Upon payment in fiill for the applicable materials, Mn/DOT shall own all rights, including all intellectual properry rights, in all origmal materials, including any invendons, reports, studies, designs, drawings, specifications, notes, documents, software and documenfarion, computer based training modules, elechronically or magnetically recorded material, and other work in whatever form developed or created by CONTRACTOR, and its employees individually or jointly with others, or any subcontractor in the performance of its obligarions under this Conh�act. X[I. cTATF AiTnTTC �e booY.s, records, documenis, and accounting procedures and practices of CONTRACTOR relevant to this Coniract shall be subject to exa by MnlDOT's auditoz, and the state or legislative auditor, as appropriate• ()/g6) Joiat Powers Agreemznt (MnlDO'C Agreement No.76058 ) Page 3 .. 9F�-3.'1 b XIII. WORKERS' COMPENSATION Tn accordance with Minnesota Stahrtes Section 176.182, as enacted, CONTRACTOR sha11 provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes Section 176.181, subdivision 2, as enacte� prior to commencement of any duties to he performed under this contract. �. PTiRT3('iTY �y publicity given to the program, publicafions, or services provided resulting from this Contract, including, but not limited w, norices, uiformafional pamphlets, press celeases, research, reports, signs, and similar public notices prepared by or for CONTRACTOR or its employees individually or joindy with others, or arry subcontractors shall identify MnlDOT as ihe sgonsoring agency and shall not be released, unless such release is a specific part of an approved work pian included in this Contract prior to its approval by MnlDOT's Authorized Representative. �, nTRRR aRnVrCrnNC (Attach additional page if necessary): (?/96) Joiat Yowcis Agieemcnt (MsJD(Yf Agroeme� No.76058 ) Page 4 qk-a*1 IN WiTNESS WI�REOF, ihe pacties have caused this Contract to be duly exeeuted intending to be bound thereby. CONTRACTOR sy: Tide: � Title: Date: AEPARTMENT OF TRANSPORTATION �� Tide: Date: Approved as to Form and Execution Assistant Attorney General DEPARI'MENT OP ADMINISTRATION BY� Date: (7/96) Jomt Powets Agroement (Mn1D0'T Agrcement No.76058 ) Pagz 5