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HomeMy WebLinkAboutResolution - 937 - Approving MHD Agency Contract - 1975 - 01/14/1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 937 BE IT RESOLVED that pursuant to Section 161 . 36, Subdivision I through 6, Minnesota Statutes, the Commissioner of Highways be appointed as agent of the City of Eden Prairie to let as its agent, contracts for the construction of portions of Municipal Streets , for the year 1975, and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Highways prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Highways Agency Contract Form No. 30774" a copy of which said form was before the Council , assuming on behalf of the City all of the contractual obligations therein contained. ADOPTED this 14th day of January, 1975. David W. Osterhol t, Mayor SEA1L ATTE T: �1 Joh D. Frane, l rk W D 30774 (Revised 11/74) RESOLUTION NO. 937 MINNESOTA DEPARTMENT OF HIGHWAYS FEDERAL AID FORM NO. III Be it resc: lved that pursuant to Section 161 .36, Subdivision I througi 6, Minn`s Statutes, , the Commissioner of Highways be appoini-Od as agent of the City of Eden Prairie to Iet as its agent, contracts for the construction of portions of Municipal Streets, for the year 1975 , and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commi ss ionPr of Highways prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Highways Agency Contract Form No. 30774" a copy of which said form was before the Council , assuming on behalf of the City all of the contractual obligations therein contained . (SEAL) (Submit in duplicate) ` Page No. 10 14HD 30774 (Rev i sed 1 1 /74) !,,I I NNESOTA DEPARTMENT OF H I GHWAYS AGENCY CONTRACT This Agreement made and entered Into by and between the City of Eden Prairie hereinafter referred to as the "City" and the Commissioner of Highways of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S . 161 .36 the City of Eden Prairie desires the Commissioner to act as its agent for the purposes of that statute in accepting federal aid on the cities behalf, for road and bridge construction and In contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161 .36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: - l - That pursuant to M.S . 161 .36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects to be let during the 19 75 calendar year, to accept and receive all Federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of City streets. Each project to be covered by this agreement shall be programmed by the submission to -the Commissioner of a programming form together with a certified copy of the resolution of the City Council requesting the Commissioner to obtain federal approval for the project(s) . i Page No. i Each contract will be; In accordance with plans and special provisions for said projects on f1le in the Department of Highways, State t Highway BuIIdIng, St. Paul , Minnesota 55155, and Minnesota Department of Highways, Standard Specifications for Highway Construction dated and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though f u I )y set forth herein. In the letting of said contract, It is hereby agreed that the following procedure shall be followed, to-wit: (a) The Commissioner of Highways shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin . He shall also cause advertisements for bids to be published in the off icialiy designated newspaper of the City, which said local newpaper is hereby designated by the City to be the Hopkins-Eden Prairie-Minnetonka Sun published at Edina, Minnesota Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Clerk of on behalf of the Comm i ss i oner of Highways as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the off ice of the Department of Highways, St. Paul , Minnesota 55155, and at the office of said City Clerk and the advertisement shall so state . The bids received In response to said advertisements for bids shall be opened for and on behalf of the Commissioner of Highways by a District Engineer of the Department of Highways or such other engineer of the Department of Highways as may be from time to time selected by i hey Coiwol ss i over. After said bids shall have been opened, the Page No. 2 City Council of the City of Eden Prairie shall first consider the same and thereupon transmit to the Commissioner of Highways ail bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected . Upon receipt of all said bids, the Commissioner of Highways shall duly cause a i I of said bids to ae tabulated In accordance with law and shall thereupon determine who Is the lowest responsible bidder- or shall reject all bids. (b) The Commissioner shall supervise and have charge of the Construction of said projects after the same has been let. The City agrees to furnish its City Engineer or such other competent registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Sa i d eng I nk�er so assigned shall act under the supervision and direction of the Commissioner of Highways. The Cl'y further agrees to furnish such other men, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. (c) The Commissioner may make such changes in the plans or the character of the work as shall be recommended by the engineer In charge of the, work. If he concurs in such recommendations, the Corrxnissloner may enter Into for and on behalf of the City supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. it is contemplated by the City that the Commissioner of Highways cannot personally investigate and pass judgment on the various Items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supery i s inr? and Cori l vo l that are cmp)dyed by Hie nepariment of Highways. Page No. 3 The City does hereby authorize these engineers, so delegated by the Commissioner of Highways, acting under the general supervision of the b Commissioner of Highways to enter into for and on behalf of the City the supplemental agreements specified in the preceding paragraph hereof . (d) The City hereby authorizes Its City Engineer for and on behalf of -the City to, from time to time, during the progress of the work on said projects, request the Commissioner of Highways to furnish for use on said projects specific engineering services to be performed by skilled employees of the Department of Highways. The Commissioner may but is not obligated to furnish the services so requested. If the Commissioner of Highways In compliance with such request shall furnish for -the use of the City on said projects the services of any Minnesota Department of Highways employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services . (e) The commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as Federal Aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract Is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. (f) The Commissioner shall perform on behalf of the City aiI other acts and- things necessary -10 cause paid_ projects to be completed in a satisfactory manner. Page No. 4 (g) The Commissioner may enter into any agreement for and on beha I f of the C i ty w i th the Uni ted States or any of f i cer or agent thereof Q" that may be required or necessary for the purpose of procuring and actually causing to be paid the Federal Aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and a I I things required by any law of the United States or of any rule and regulation issued by competent federal authority pertaining thereto necessary for the purpose of procuring and having paid the Federal-Aid ava i i ab l e for said projects. (h) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the Federal -Aid made available therefor. ` - 2 The City agrees that it will from time to time, after the execution of these presents to make such reports, keep such records and perform such work in such manner and time as the Commissioner of Highways shall from time to time request and direct so as to enable the Commissioner as Its agent to collect For it the Federal -Aid sought. Said records and reports shall be retained by the city in accordance with the Commissioner of Highways record retention schedule for Federal Aid projects. 3 - It is contemplated that the Federal . Government will pay to the Commissioner of Highways as the agent of the City the Federal -Aid funds avai lab le to sa id City coward the coiistru�tion of sa i d projects . It is Page No. 5 further contemplated that the contracts to be let by the Commissioner as the agent of the City for the construction of said projects shall provide that the contractor, as the work progresses, shail , from time to time, be paid partial payments designated. in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated In said contract as a final estimate for all work performed. The City agrees to deposit with the Commissioner of Highways a sum equal to ninety (90) percent of the City share of each contract obligation, to be used In paying the City share of the partial estimates and for advancing the federal share of such estimate payments . Upon determination of the final costs on each contract, the City will be requested to deposit the remaining share of their obligation pursuant to the terms of the contracts let for and on behalf of the City for the construction of said contracts. At regular monthly intervals after the contractors shall have started work under the contracts let by the 1 Commissioner as agent for the City for the construction of said projects, the engineer duly assigned to and In charge of said work shall prepare a partial estimate in accordance with the terms of said contracts let for said projects and the procedures estabi !shed by the Office of Contract Adminis't'ration. The said engineer In charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in quintupiicate. Each such partial estimate, shall be duly certified by the engineer in charge and by the contractor performing such work. The said engineer duly assigned to and In charge of said work shall also prepare and submit to the Office of Contract Administration the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates t Page No. 6 shall be documented in accordance with the guidelines set forth in the applicable documentation manual . In addition to said foregoing partial estimate payments the City agrees to pay to the Commissioner that amount which will be sufficient together with the Federal funds actually allowed and received to pay the final estimate after the same has been prepared and submitted to the Commissioner, approved by the District Engineer or his assistant. The foregoing provisions as to the time and amounts of particular payments sha l I In no way I i mi t or qua l i f t' the C i ty 's obi i gatl on to pay al l of the cost of said projects not paid by way of federal funds . -• A - When the contractor shall have completed the work on said projects, the C i ty agrees to i ns pect the same and forthw i th upon the comp I et 1 on of said inspection advise the Commissioner of Highways whether or not the work performed should be, by the Commissioner of Highways as its agent, accepted ( as being performed in a satisfactory manner . In the event the City should, after said inspection, recommend to the Commissioner of Highways that he shou I d not accept sa I d work, then to C i ty sha I I at the t i me such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted . It is further agreed that any recommendations made by the City are not binding on the Commissioner of Highways but that he shall have the right to determine whether or not the work has been acceptably performed and to acceptor reject the work performed under any said contract. S - It is further agreed that the decision of the Commissioner of Highways on the several matters herein set forth shall be f i na I , binding and conclusive on the parties hereto. Page No. 7 - 6 - It is contemplated that the entire cost of said projects Is to be paid from funds made available by the United States, by way of Federal-/did, and by the City . if for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay tha same . The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or Incidental to the performance of the work under any contract let for said projects in the event that the Federal Government does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the construction -thereof which the Federal Government does not pay . - 7 - The Commissioner accepts this said appointment as agent of the City and agrees to act In accordance herewith . Page No. 8 DATE CITY OF RECOMMENDED FOR APPROVAL BY / -'� �'t/I �� � �_ -'✓?/' �'��% Mayor Attest: State Aid Engineer Date city C erk % APPROVED AS TO EORIA AND EXECUTION: STATE OF MINNESOTA BY Cornmi ss ioner of Highways DATE DATE (Submit In Duplicate) (SEAL) t Page No. 9