91-2023 O�'���F � Y�ouncil File � /���3 �
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date l� �
WHEREAS, the City of Saint Paul in 1988 separated the sewer system in the
Hamline/Hewitt area of Saint Paul and requested State cost participation in certain
portions of this storm sewer project because it included drainage from Trunk Highway
No. 51 (Snelling Avenue), therefore
BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 67856
with the State of Minnesota Department of Transportation to provide for payment of
approximately $43,000 by the State to the City to be deposited into Public Works
Account Number C88-2T621-3450-29041 for the State's share of the cost for the
Hamline/Hewitt sewer separation project, and ;, '
BE IT FURTHER RESOLVED, that the proper City Officers are hereby authorized and
directed to execute said agreement. -
Navs Abaent Requested by Department of:
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Adopted by Council: Date 0 CT 2 9 1991 Form Approved by City Att n
Adoption Certified by Council S re�ary gy: � � �'p -� y _
�
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BY� . Approved by Mayor for Submission to
Approved by yor: Date 3 � Council
By: y��i�uh��/
By:
PUALE�NED NOl1 9'91
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_ ��t== o, CITY OF SAINT PAUL �
a�+ ;
�� „���„"„ ±y DEPARTMENT OF PUBLIC WORKS
7?; "'� �'� � � THOMAS J. EGGUM, DIRECTOR
�... 600 City Hall Annex, Saint Paul, Minnesota 55102
612-298-4241
JAMES SCHEBEL
MAYOR
October 3, 1991
To: Councilmember Roger Goswitz, Public Works Chairman
From: Dick Rohland �. �
292-7508
The attached agreement stipulates the costs and terms for the State's share of
sewer separation work on the 1988 Hamline/Hewitt sewer separation project.
This agreement has been reviewed and approved by Public Works staff. This
agreement is similar to others that have been executed between the City and
the State. Therefore, 1 am acting on an earlier suggestion by you by requesting
that this resolution by pass the Public Works Committee and go directly to
Council for action. Thank you.
� � ..� , �.�o�3
PRE-LETTING STATE OF MINNESOTA AGREEMENT NO.
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 67856
AGREEMENT
S.P. 6215-72 (T.H. 51=125)
State Funds
ORIGINAL
Agreement between AMOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, and 547, 192.21
The City of St. Paul
Re: State cost storm sewer and
roadway construction by the AMOUNT RECEIVABLE
City on Trunk Highway No. 51
(Snelling Avenue) in St. Paul (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 its City Council, hereinafter referred to as the "City".
: . . , , �,���°.�3
67856
�PITNESSETH t
WHEREAS in the early part of 1988 the City was about to award a
contract for sewer separation construction and other associated
construction to be performed along 'and adjacent to Pierce Butler Road
from Fairview Avenue to Pascal Street and on Hubbard Avenue from Fry
Street to Trunk Highway No. 51 (Snelling Avenue) and vicinity on
Taylor Avenue, Hubbard Avenue, Albert Avenue and Houlton Avenue
within the corporate City limits in accordance with City-prepared
plans, specifications and/or special provisions designated by the
City as City Projects No. 88-S-8026 and No. 88-P-8011 and by the
State as State Project No. 6215-72 (T.H. 51=125) ; and
WHEREAS the City had requested State cost participation in certain
portions of the sewer separation project because it included Trunk
Highway No. 51 drainage; and
WHEREAS there was not sufficient time to properly prepare and execute
a cooperative agreement; and
WHF�tEAB the State approved the City's commencement of their project
with the understanding that a cooperative agreement would be entered
into at a later date; and
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67856
WHEREAS the City project has now been completed; and
WH$REAS Minnesota Statute 16A.15 provides, in part, that no payment
shall be made and no obligation shall be incurred against any fund,
allotment or appropriation unless the Commissioner of Finance shall
first certify that there is a sufficient unencumbered balance in such
fund, allotment or appropriation to meet the same. However, the
statute also provides that claims presented against existing
appropriations without prior allotment or encumbrance, may upon
investigation, review and approval by the Commissioner of Finance be
determined valid where the services, materials and supplies for which
payment is claimed have been actually rendered or furnished to the
State in good faith without collusion and without intent to defraud.
Thereafter, the Commissioner of Finance may draw his warrant in
payment of such claims in the same manner in which other claims
properly allotted and encumbered prior to inception thereof, are
paid; and
WHEREAS it is the opinion of the State that the roadway and storm
sewer facilities construction performed by the City is reasonable,
valid and justified and was performed in good faith without collusion
and without intent to defraud; and
AHEREAS the State is willing to participate in the costs of the
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67856
roadway and storm sewer facilities construction as hereinafter set
forth; and
WHEREAS it is anticipated that the construction performed under State
Project No. 6215-72 (T.H. 51=125) will be eligible for Federal Grant
funds participation, and in that event, the costs of the State cost
participation construction will be reduced by the Federal Grant funds
received by the City for the construction costs incurred in the
performance of the State cost participation construction; and
WREREAS Minnesota Statute section 161.20, 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 I8, THBREFORE, MIITIIALLY AGREED AS FOLLOWS:
ARTICLE I - BASIS OF PAYMENT BY THE STATE
Section A. Construation Costs
The State shall pay to the City; as the State's full and complete
share of the City contract construction performed in accordance with
State-approved City plans, specifications and/or special provisions
designated by the City as City Projects No. 88-S-8026 and No. 88-P-
8011 and by the State as State Project No. 6215-72 (T.H. 51=125)
which are on file in the office of the City's Engineer at St. Paul,
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67856
Minnesota, and in the office of the Commissioner of Transportation at
St. Paul, Minnesota, and are made a part hereof by reference with the
same force and effect as though fully set forth herein, the costs of
the construction described below under "STATE COST PARTICIPATION
CONSTRUCTION".
Said payment by the State under this agreement for construction work
item costs, is based on the final quantities of State cost
participation construction work items performed, multiplied by the
appropriate unit prices contained in the construction contract.
All liquidated damages assessed the City's contractor in connection
with the construction contract shall result in a credit shared by the
State and the City 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.
A SCHEDULE "I" and color-coded EXHIBIT "A" are attached hereto and
made a part by reference. The 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 facilities
construction covered under this agreement.
STATE COST PARTICIPATION CONSTRIICTION
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67856
All of the followinq construction performed along and adjacent to
Pierce Butler Road from Fairview Avenue to Pascal Street and on
Hubbard Avenue from Fry Street to Trunk Highway No. 51 (Snelling
Avenue) within the corporate City limits under State Project No.
6215-72 (T.H. 51=125) .
69.4 PERCENT STATE COST minus all anticipated Federal Grant fundinq
All of the cooperative joint-use storm sewer facilities construction
as shown and/or described in "Orange" color on the attached EXHIBIT
"A" including all associated roadway construction. Said construction
includes but is not limited to those construction items as described
and tabulated on Sheets No. 2 and No. 3 of the attached SCHEDULE "I".
60 PERCENT STATE COST minus all anticipated Federal Grant funding
All of the cooperative joint-use storm sewer facilities construction
as shown and/or described in "Green" color on the attached EXHIBIT "A"
including all associated roadway construction. Said construction
includes but is not limited to those construction items as described
and tabulated on Sheet No. 4 of the attached SCHEDULE "I" .
Section B. Construction Enciineerinq Costs
The State shall pay a construction engineering charge in an amount
equal to 8 percent of the to�al cost of the State participation
construction covered under this agreement.
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67856
ARTICLE II - CITY'8 CERTIFICATION OF CONSTRIICTION PERFORMED
The City does hereby certify and attest to the following:
a. The satisfactory performance and completion, in accordance with
State-approved City plans, specifications and/or special
provisions made a part hereof by reference, of the contract
construction represented in the City's invoice.
b. The acceptance and approval of all materials furnished for said
invoice construction relative to the 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 represented in the City�s invoice.
ARTICLE III - PAYMENT BY THE STATE
Section A. $stimate 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 $4, 000.00 contingency amount is the sum of $47,192.21 as shown
in the attached SCHEDULE "I". The attached SCHEDULE "I" form lists
all of the State cost participation construction items and was
prepared using final quantities and contract unit prices. The
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67856
contingency amount is provided to cover overruns of the State cost
participation due to a decrease in the Federal Grant percentage.
The State shall advance to the City the sum of $43, 192.21 as shown in
the attached SCHEDULE "I" after the following conditions have been
met:
1. Encumbrance by the State of an amount equal to $47, 192.21 as
shown in said attached SCHEDULE "I".
2. Full and complete execution of this agreement and the State's
transmittal of same to the City.
3. Receipt by the State of a written request from the City for the
advancement of funds.
Section B. Records Reepina and Invoicina bv the Citv
The City shall keep records and accounts that enable it to provide the
State with the following:
1. The final Federal Grant percentage and the proper documentation,
acceptable to the State's External Audit Unit, used to determine
said percentage. The Federal Grant percentage shall be
determined using the method and formula set forth in the attached
SCHEDULE "I" .
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67856
2. 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.
3. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the State cost
participation construction covered under this agreement.
4. A formal invoice (original and signed) in the amount due the City
as shown in the Final SCHEDULE "I".
Section C. Final Payment by the State
Final payment by the State to the City in accordance with Article I of
the State's total cost participation amount less the total amount of
advanced payment made by the State pursuant to Section A. above, shall
be made upon the State's receipt of the final Federal Grant percentage
and upon invoicing the State by the City in accordance with a written
procedure furnished the City by the State.
If the amount found due from the State is less than the amount of
funds advanced, then, and in that event, the balance of said advanced
funds shall be promptly returned to the State without interest.
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67856
Pursuant to Minnesota Statute section 15.415, the City waives claim
for any amounts less than $2.00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
return of any amounts less than $2.00 of those funds advanced by the
State.
ARTICLE IV GENERAL PROVISIONS
Section A. Maintenance
It is hereby understood and agreed that, upon the full and complete
execution of this agreement, the City shall provide for the proper
maintenance without cost or expense to the State, all of the storm
sewer facilities, sanitary sewer facilities and watermain facilities
constructed within the corporate City limits under the City contract,
and that neither party to this agreement shall drain any additional
areas into said storm sewer facilities that are not included in the
drainage areas 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 Oakdale and is made a part hereof by
reference with the same force and effect as though fully set forth
herein.
It is hereby understood and agreed that, upon the full and complete
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67856
execution of this agreement, the City shall provide for the proper
maintenance without cost or expense to the State, the entire portions
of all of the City streets and all of the facilities constructed
outside of the Trunk Highway No. 51 right of way limits within the
corporate City limits under the City contract. Maintenance shall
include, but not be limited to, snow and debris removal, resurfacing
and/or seal coating and any other maintenance activities necessary to
perpetuate the roadways in a safe and usable condition.
It is hereby understood and agreed that, upon the full and complete
execution of this agreement, the City shall provide for the proper
maintenance without cost or expense to the State, all of the concrete
walk and concrete driveway pavement used as concrete walk constructed
within the corporate City limits under the City contract. Maintenance
shall be understood to include, but not be limited to, snow and debris
removal and any other maintenance activities necessary to perpetuate
said concrete walk and concrete driveway pavement in a safe and usable
condition.
Section B. Examination of Books, Records, Etc.
As provided by Minnesota Statute section 16B.06, subdivision 4; the
books, records, documents, and accounting procedures and practices of
the City relevant to this agreement are subject to examination by the
contracting department or agency, and either the legislative auditor
or the State auditor as appropriate.
11
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67856
Section C. Claims
The City at its own sole cost and expense shall defend, indemnify,
save and hold harmless the State and all of its agents, officers and
employees of and from all claims, demands, proceedings, actions or
causes of action of whatsoever nature or character arising out of or
by reason of contract construction, construction engineering and/or
maintenance covered under this agreement including an action or claim
which alleges negligence of the State, its agents, officers and
employees.
All employees of the City and all other persons employed by the City
in the performance of contract construction, construction engineering
and/or maintenance covered under this agreement shall not be
considered employees of the State. All claims that arise under the
Worker's Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and all claims made by any third parties as
a consequence of any act or omission on the part of the employees
while so engaged on contract construction, construction engineering
and/or maintenance covered under this agreement shall in no way be the
obligation or responsibility of the State.
section D. Nondiscrimination
The provisions of Minnesota Statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination shall
be considered part of this agreement as if fully set forth herein.
12
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67856
section E. Aareement Approval
Before this agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Conimissioner of Transportation or his authorized representative.
♦-
13
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67856
IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION CITY OF ST. PAIIL
Recommended for approval: Recommended for approval:
By ����1� iC /O/z/4/ By
�f' Director Director of Public Works
ZPre-Letting Services Section
Approved as to form and euecution:
By By c
District Engineer Assistant City torney
By By
Deputy Division Director Mayor
Technical Services Division
Date
Approved: By
Director of Finance and
Management Services
By
Deputy Commissioner Date
of Transportation
Date DSPARTMENT OF ADMINIBTRATION
(Date of Agreement)
By Approved:
Executive Budget Officer
By
OFFICE OF ATTORNEY GENERAL (Authorized Signature)
Approved as to form and execution: Date
By
Special Assistant Attorney General
14
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