89-1310 WMITE - CITV CLERK
PINK - FINANCE COUIICII /y}��,��J] //
CANARV - DEPARTMENT G I TY F SA I NT PA U L /� �/ /
BLUE - MAVOR File NO. u • __/ • �
Coun i Resolution
� ' �
Presented By
Referred To Committee: Date —����9
Out of Committee By Date
WHEREAS, the City of Saint Paui has a imately 61 miles of designated Trunk
Highways located within the City limits hic rec�ire annual, routine maintenance,
and
WHEREAS, a two yeaz ageement effect e om July 1, 1989 to June 30, 1991 has
been negotiated between the City and th S te for payment of approximately
�429,090 by the State to the City for the it s responsibility to maintain said Trunk
Highways, now, therefore
BE IT RESOLVED, that the City of Saint a I enter into Ageement Number 66018 with
the State of Minnesota stating the maint a e requirements of the State and
encumbering the State to the City of $42 , in Trunk Highway Funds to be
deposited into Public Works Account Nu 42310, and
� BE IT FURTHER RESOLVED, that the City officials aze hereby auihorized and
directed to execute said ageement.
COUNCIL MEMBERS
Yeas Nays ,.� Requested by Department of:
�e-d � In Fa or ��-1�--� Wnrk� (D.TD) ti-29-89L1
Goswitz �
Rettman D B
Scheibel Again t Y '
—�en�e�-
�Ison
AUt7 � Q 198 Form A v by C'ty orn
Adopted by Council: Date �,
Certified Pa.s d Coun ' ,e ta BY /` �S
By `
Approved r: Date � Appro y Mayor for S is ion to Council
By
pUgl� AU G � 9 19 9
� " � � � �� S�/3��
. �
� MINNESOTA PA TMENT OF TRANSPORTATION C�� �" �d ��
ROUTINE MA NTENANCE AGREEMENT
PREPARED BY DISTRICT NINE AGREEMENT N0.
MAINTENANCE SECTION
66018
A RE MENT BETWEEN
THE STATE OF MINNE T , DEPARTMENT OF TRANSPORTATION
AND
THE CI Y OF ST. PAUL
FOR
Routine maintenance of certain p rt ons of trunk highways and bridges upon the
terms and conditions set forth in th s agreement.
AMOUNT ENCUMBERED
$429,090.01
(Per Fiscal Year)
Two Year Contract
July 1, 1989-June 30, 1991
. . � � � � � �� ��1' � � 1 �
• Maintenance Agreement No. 66018
Maintenance Agreement between the
State of Minnesota and the
City of St. Paul
AGR EMENT
THIS IS AN AGREEMENT betw en the State of Minnesota, Department of
Transportation, (State), and the it of St. Paul (City).
Whereas pursuant to Minn. S at Sec. 161.38, subd. 3 (1984), the parties
desire to enter into an agree en relating to the maintenance of trunk
highways and bridges upon the t rm and conditions hereinafter set forth in
this Agreement.
NOW, THEREFORE, THE PARTIES GR E AS FOLLOWS:
I
The City shall provide rout ne maintenance on those portions of the trunk
highways and bridges described as fo lows:
Trunk Highway No. 5 The follo ing 5.37 miles of trunk highway consisting
of 25.4 quivalent lane miles, and designated in the
Minneso a Department of Transportation records as
Control S tion 6201; beginning at Wheeler Avenue and
Fort R ad• thence northeast on Fort Road to Wabasha
Street; t nce east on Eighth Street to Robert Street
(T.H. 5 ); and the following 0.76 miles of trunk high-
way co si ting of 3.78 equivalent lane miles and
design ed in the Minnesota Department of Transpor-
tation re ords as Control Section 6228; beginning at
Robert St eet and Eighth Street easterly on Eighth
Street to Seventh St. (at Sibley); thence easterly on
Sevent , to Mounds Blvd. (T.H. 61); also the
following 3.02 miles of trunk highway consisting of
9.37 quivalent lane miles and designated in the
Minnes ta Department of Transportation records as
Contro S ction 6229; beginning at Seventh Street and
Arcade St eet (T.H. 61), thence easterly on Seventh
Street t Minnehaha Avenue; thence easterly on
Minneh ha Avenue to the east city limits..... . .......
. .. .. . . . ............. ...38.62 Equivalent Lane Miles
. . -, . . . . , ��g�. 13� n
' Trunk Highway No. 12 The 11 wing 0.15 mile on Eleventh and Twelfth
Street b tween Jackson and Robert Streets is equiva-
lent o 1.31 lane miles; and designated in the
Minnes ta Department of Transportation records as
Contro S ction 6208... . .. . .. .. ... .. .. . . .
. .. .. . . .. . . ... .. . . . . . .1.31�Equivalent�Lane�Miles
Trunk Highway No. 13 The fo lo ing 0.39 mile of trunk highway consisting of
1.01 qu valent lane miles, and designated in the
Minnes ta Department of Transportation records as
Contro ction No. 1902; beginning at the junction
with T un Highway No. 149; thence westerly 0.39 mile
on the so th line of Ramsey County (includes all por-
tions f his highway located in the corporate limits
of W, t. Paul and Mendota Heights). . .. . .. . . .. . .
. .. ... . . . .... .. ... . . . .. .1.01 Equivalent Lane Miles
Trunk Highway No. 49 The fo lo ing 2.48 miles of trunk highway consisting
of 9.9 uivalent lane miles, and designated in the
Minnes ta Department of Transportation records as
Contro S ction No. 6213; beginning at the North City
Limits an Rice Street; thence south on Rice Street to
Univer it Avenue (T.H. 52).. . .. .. ... . . . . . . .
. . . . . . . .. . .. ... . . . . . .. .9.91 Equivalent�Lane�Miles
Trunk Highway No. 51 The fo lo ing 6.11 miles of trunk highway consisting
of 36.30 equivalent lane miles, and designated in
Minnes ta Department of Transportation records as
Contro S ction No. 6215; beginning at the North City
Limits (H yt Ave. ) and Snelling Avenue; thence south
on Sne li g Avenue to Montreal Avenue, thence east on
Montre 1 venue to Fort Road (T.H. 5) (includes all
portio s of this highway located in the corporate
limits of Falcon Heights). . .... . . . . . . .. ... . . . .
. . . . .. . . . . . . . . . .. . . . . . ..36.30 Equivalent Lane Miles
Trunk Highway No. 'S2 The fo lo ing 2.46 miles of trunk highway consisting
of 10. 0 quivalent lane miles, and designated in the
Minnes ta Department of Transportation records as
Control S ction No. 6217; beginning at the South City
Limits an Robert Street; thence north and northwest
on Rob rt Street to Eleventh Street (South Frontage
Road o I 35E); also the following 0.61 mile of trunk
highwa c nsisting of 2.68 equivalent lane miles, and
� design e in the Minnesota Department of Transportation
record a a portion of Control Section No. 6217;
beginni g at Eleventh Street and Robert Street;
thence n rth and northwest on Robert Street to
Universit Avenue; thence on University Avenue to Rice
Street, a d the fol lowing 5.20 mi les of trunk highway
consisting of 39.00 equivalent lane miles, and
design ed in the Minnesota Department of Transportation
records a Control Section No. 6208; beginning at
Univers'ty Avenue and Rice Street; thence west on
Univers'ty Avenue to the West City Limits... .........
. ... ... . . .. .... ..... ....52.18 Equivalent Lane Miles
�. � . . � � � �'���. 13� a
. Trunk Highway No. 56 The fo lo ing 0.81 mile of trunk highway consisting of
3.40 ui alent lane miles, and designated in the
. Minnes ta Department of Transportation records as
Control S ction No. 6219, beginning at the South City
Limits an Concord Street; thence northwest on Concord
Street to the west ramps of T.H. 3.... .. .. ... . . . .
. . . ... ... .. . . . . .. .. ... . . . . .3.40 Equivalent�Lane Miles
Trunk Highway No. 61 The fo lo ing 3.19 miles of trunk highway consisting
of 13. 3 quivalent lane miles and designated in the
Minnes ta Department of Transportation records as
Control S ction No. 6221; beginning at the Junction of
Inters at 94 and Mounds Boulevard; thence northwest
on Mou ds Boulevard to East Seventh Street; thence
northe st ly to Arcade Street, thence north on Arcade
Street to the North City Limits... ... . . . . . ..
. .. ... . . . .. .. ... .. . .. ..13.73 Equivalent Lane�Miles
Trunk Highway No. 149 The fo lo ing 1.52 miles of trunk highway consisting
of 5.6 e uivalent lane miles, and designated in the
Minnes a Department of Transportation records as
Control S ction No. 6223; from the South City Limits
to Wes eorge Street; thence northwestrly to Fort
Road ( .H. 5).... .. .. . . . .. . . .. .. . . .. . . . . . ... .
. . . ... .. . .. . . . . . . .... . . . .. .5.61 Equivalent Lane Miles
Legislative Route The follo ing 1.73 miles consisting of 7.30 equivalent
Number 108 lane m le ; beginning at Snelling Avenue and Marshall
Avenue; t ence west on Marshall Avenue to the center
of the is issippi River Bridge. . . .. .... . . . . . . . .
. . . ... ... . . . . . . . . ... ... .. .7.30 Equivalent Lane Miles
Total. . . .. . . . . . . . ..... . .169.37 Equivalent Lane Miles
Togethe ith all pedestrian and roadway bridges over
all fr w s, expressways and aforesaid highways.
Total. ... . . . . . . . ... ... . .. .8.16 Equivalent Lane Miles
Grand t .. . . . . .. . . .... . . . . .. ... . . . . . .. ..
. . . .. . . .. . . .. .. . . .. . . .. .177.53�Equivalent Lane�Miles
� � � � ' � � �� �� ��� �
II
The City shall perform the ol owing maintenance on these portions of
trunk highways and bridges in a im ly fashion:
(a) Maintaining the trunk ig ways and bridges so as to keep the same
in good repair and free from ob tr ctions and impediments that may inter-
fere with the passage of vehicl o pedestrian traffic. This maintenance
shall include all necessary prev nt ve maintenance to preserve the roadbed,
bridges, drainage structures an r'ght of way in its present condition,
including, but not limited to, p oper and timely crack sealing of the
surf ace, restoration of utility pe ings, and all necessary patching of the
travelled area.
(b) Keeping the trunk high ay , bridges and related pedestrian walk-
ways reasonably free and clear f om ice, snow, and debris all months of the
year and undertake proper ice an s ow control expeditiously.
(c) Performing all neces ar maintenance of vegetation within the
right of way limits on the trunk hi hways.
(d) Maintaining traffic on rol devices, safety devices such as
guardrail and attenuators, signals, and providing such roadway markings and
lane striping as may be necessa y n the trunk highways, except that the
State will furnish and install an maintain at all times suitable route
markers, for the guidance of tra fi on such trunk highways.
(e) Furnishing all labor, qu pment, materials, supplies, tools, and
other items necessary (except th se items specifically to be provided for
above by the State) for the per or ance of the work provided for in this
agreement.
III
Authorized representatives t e State and City shall jointly inspect
the trunk highways on a regul r basis to review the adequacy of the
maintenance work which is being r rmed.
IV
The City is not required, nd r this agreement, to do any extraord-
inary maintenance, betterments, co struction, or reconstruction. If the
State desires the City to do an s ch work, the parties will enter into a
separate agreement therefore.
_ . . . , �� �`�- �3�G
� . �
Al1 materials used by th C ty in the performance of the work under
this agreement shall conform t t e requirements of the Minnesota Depart-
ment of Transportation Standa d pecifications for Highway Construction,
1988 Edition.
VI
The State will pay to the Ci y the sum of Two Thousand Four Hundred
Seventeen Dollars ($2,417.00) p r quivalent Lane Mile Per Year [Equivalent
Lane Miles are equal to the tru k ighway width in feet between the curbs,
times length of trunk highway n iles, divided by a lane width of twelve
(12) feet] during the term of th s agreement for the performance of the
work and labor and the furni hi g of materials as set forth in this
agreement on the trunk highwa overed by this agreement. Fractional
miles and fractional months, if an , will be used in computing the amounts
payable under this agreement.
The State shall make paym nt under this agreement on a quarterly
basis, as soon after the respec iv dates of October 1, January 1, April 1
and July 1 as possible, upon th s bmission by the City to the State, of a
cost analysis listing all labor m terials and equipment used by the City
during the quarter and a cer if cate, in triplicate, approved by an
authorized representative of t e State, certifying that all work done
during the period for which the Ci y seeks payment has been performed in
full conformity with this agreem nt.
VII
The City may partially bloc t e trunk highways within its corporate
limits for the period of time nec ss ry for the performance of the services
under this agreement. In cases of emergency, such trunk highways may be
wholly blocked and the passage f raffic thereon prevented by the City.
At no time, however, shall the C'ty continue to obstruct the free passage
of traffic on the trunk highwa s or a longer period of time than is
reasonably required for making th n cessary repairs thereon. The City may
also close to travel said highw ys at such time as it is necessary for
the repair or installation of w te or gas mains, electric or telephone
cables, or sewers, but except n xtraordinary circumstances, the City
shall first give the State ten (1 ) ays written notice and obtain a permit
before cortunencing or allowing co en ement of such installation or repairs.
However, the City shall not cause an portions of the trunk highways which
it is to maintain under this ag ee ent to be closed to traffic for any
reasons other than those above se f rth and in no event for a time longer
than necessary to complete autho iz d work. In the event of the total
blocking or closing of any such ru k highways. the City shall provide a
suitable detour during such time.
The City shall conduct all pa ti 1 and total closures of the described
truck highways under this parag p in conformance with the Manual of
Uniform Traffic Control Devices an t e current edition of Appendix 'B' .
. � � . . . . ��� ��-13i�
� VIII
If there is a change in the ou ing of the trunk highways, a substitu-
tion of a new route for the trunk hi hway, or a variation from the present
highway location by the State, th C ty shall maintain the new highways in
accordance with this agreement du in such period of substitution and shall
be paid the amount to which it i e titled under this agreement. If the
State relocates any portion of th above described highways, and the
present roadway reverts to the C ty the City will maintain the reverted
portion at its sole expense.
IX
If the City fails to perform n of the work according to the terms of
this agreement, the State may pe fo m such work and may retain from any
monies then due to the City unde is agreement, or thereafter becoming
due, the amount of the State's cos a d any additional amounts required for
the completion of the work; prov de , however, that this paragraph shall
not be construed to relinquish a y ights of action which may accrue on
behalf of the State as against t e ity for any breach of agreement. If
the State retains any payment un er this agreement because of the City's
inadequate maintenance work, and he work is subsequently made adequate by
the City, the City wi 11 be credi ed with an amount equal to the value of
the work completed by the City, ba ed upon the agreed price.
X
The parties agree that all p s s working on such trunk highways are
employees or agents of the City an in no way employed by the State,
provided, however, that this cla se shall not apply to persons employed
directly by the State. All contr ct and agreements made by the City with
third parties for the performan e f any work to be done under this
agreement shall be subject to the er s of this agreement.
XI
The parties agree that the C ty wi 11 not seek indemnity or contribu-
tion from the State, its agents or employees, in any claim, action or
causes of action of any kind or c ar ter arising from alleged City negli-
gence of the maintenance work to be accomplished by the City under this
agreement.
XII
This agreement shall remain in full force and effect from July 1,
1989, thru June 30, 1991, or unt 1 such time as a subsequent agreement
covering the next 2 fiscal years pe iod is fully executed, whichever is
longer, subject to the legislatu e roviding, to the State, sufficient
appropriations for this agreement or each fiscal year during the term of
this agreement. This agreement m e terminated or supplemented to meet
changing conditions at any time du ing its effective term by written
agreement of the State and City.
: . . . . �� ��- �3��
XIII
If at any time, it appears ha payments made to the City will exceed
the total amount obligated for his agreement, the City shall notify the
State of the estimated additiona sts. The State shall then determine
whether to terminate this agreem t under the terms of Paragraph XII or to
continue services under the new c st estimates.
XIV
The provisions of Minn. St . Sec. 181.59 (1984), and of any appli-
cable local ordinance relating t c vil rights and discrimination shall be
considered a part of this agreeme t s if fully set forth herein.
XV
As provided under Minn. Sta . ec. 166.06 Subd. 4 (1984), all books,
records, documents and accounti g procedures and practices of the City
relevant to this contract are su je t to examination by the State and the
Legislative Auditor or the State ud'tor, as appropriate.
XVI
This agreement shall not be on trued as a relinquishment by the State
of any powers or control it ay have over the above described trunk
highways.
. . .. . _ C%� 8��-131"a
_ IN WITNESS WHEREOF, the Stat a the City have caused these presents to be
executed by their respective offi er .
CITY OF ST. PAUL
Countersigned:
By
Mayor
Director o Pu ic Wor s
Approve to Form and Execution by
��� � D�rector o Finance & Management Services
Assistant Cit Attorney
(CORPORATE SEAL)
DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA
Recommended for Approval :
By
ssistant ommissioner -
Operations
By
District Mainten ance Engineer Date
Approved:
By
District Engineer COMMISSIONER OF ADMINISTRATION
By By
Assistant Division irector Au horize Signature
Operations
Date
Approved as to Form and Executio :
By
Special Assistant
Attorney General
. . . c� ��r-��3i�
RE OLUTION
Introduced by Councilman
Seconded by Councilman
Whereas the Department of Trans rt tion of the State of Minnesota has submitted
to the City of St. Paul an agree en for the maintenance of trunk highways and
bridges within the corporate li it of the City of St. Paul.
Be It resolved by the City f t. Paul ;
That the Mayor and the Public Wo ks Director of said City are hereby authorized
and directed to enter into the M in enance Agreement as submitted, with the
Department of Transportation of he State of Minnesota, for the maintenance of
trunk highways and bridges withi t e corporate limits of the City of St. Paul .
The question being on the passag o the resolution, there were yeas and
n ays.
Passed , 19
M ayor
Filed and attested this ay
of , 19 .
City C erk
(SEAL)
STATE OF MINNESOTA )
CITY OF ST. PAUI �ss
I, , City C1 rk of the City of St. Paul, Minnesota,
here y certi y that the oregoing is a true and complete copy of a resolution
passed by the City Council of sai C ty at a regular meeting, ,
19 , and now on file in my of ic .
Dated this day of , 19
City C er
� . ���-���a
- Members:
CITY O i�AINT PAUL Roger J. Goswitz, chair
� ,��`�,,,,, ` Janice Rettman
s{n tup� OFFIC TH2� CITY COUNOIL Tom Dimond
�� � Date: Augus t 2 1 89
C mittee Report RECEIVED
To:,Saint Paul City Co n il AuG o 21989
cir�r c�trcrc
From :Public Works, U ili ies, and Transportation
Committee
Roger J. Goswit , hair
1. Approval of mi ut s of July 19, 1989. Approved 3-0
Hearing Date
2. Appeal of Ms. en ie Charles to a Summary Denied 3-0
Abatement Orde f r property located at
2173 NORTONIA VE UE (Laid over in
Committee 7/19 89 .
3. S-8959 - Both id s PALACE AVENUE from S. Approved 3-0
Fairview Avenu t S. Wheeler Streets
. , (Laid over in o ittee 7/19/89) .
4. S-8961 - Both id s ST. PAUL AVENUE from Approved 3-0
Montreal Avenu t Edgcumbe Road. (Laid
over in Commit ee 7/19/89) .
5. S-8963 - Both id s STANFORD AVENUE from Approved 3-0
S. Fairview to S. Wheeler Street. (Laid
over in Commit ee 7/19/89).
6. 8/10/89 Final Order: S de alk construction and/or
reconstruction at the following locations:
S-8966 - Both id s E. HAWTHORNE AVENUE Approved 3-0
from Van Dyke o . Hazel Street.
S-8967 - Both id OSCEOLA AVENUE from S. Approved 3-0
Pascal Street bert Street.
7. 8/15/89 Final Order: E EVENTH PLACE MALL Approved 3-0
Operation and in enance Costs for 1989.
8. 8/15/89 Ratification o As essments: THE SEVENTH Approved 3-0
PLACE MALL Oper ti n and Maintenance Costs
�' for 1988.
CITY HALL SEVENTH L R SAINT PAUL, MINNFSOTA 55102
�e