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99-5514 R �� Council File # RESOLUTION Green sheet # 24$24 `, ITY OF SAINT PAUL, MINNESOTA �/r `% G �f Gr�a1�., i ��' Presenced By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul has approximately 29.63 miles (141.09 equivalent lane miles) 2 3 4 5 6 7 8 9 of designated trunk highways located within the city limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 78299 and effective from July 1, 1999 through June 30, 2001 has been negotiated between the City of Saint Paul and the State of Minnesota which details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and 10 WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 11 78299, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint 12 Paul $439,918.64 per fiscal year to provide annual routine maintenance to the aforementioned 13 trunk highway system within the time limits noted, and 14 15 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds i 6 encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited i 7 into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 18 240-12006-3450, now, therefore, 19 20 BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 78299 with the 21 Minnesota Department of Transportation, and 22 23 BE IT FURTNER RESOLVED, that the proper City officials are hereby authorized and directed to 24 execute said agreement. , � � 25 Requested by Department of: Cert � , �i � i i i By• —�— -' v � Approv by Mayor Approved � Ma or• Date `�^"'"`-�� (17 � By: By: ion to Council i Adopted by�e�nciL• /i�t/G�/9 Form Approved by City Attorney Go�CC 1 OEPARTMENT/OFFICFJCOUNCIL DATEINITIATED GREEN SHEET N0. 24824 Public Works June 3, 1999 i A� �NIiIAUDATE CONTACTPERSONBPHONE DEPARTMENTDIRECTOR �CINCOUNCIL GaryErichson 266-6229 i �` �C'N �CRYATTORNEY ,�� ❑ciTrc�wc NUMBERFOR MUST BE ON CqUNCIL AGENDA BY (DATE) RO�RINCa gUDGEf DIPECTOR FlN. & MGT. SERVICES DIR June 16, 1999 ° " D � �j MAYOR (OR ASSIST G TOTAL f OF SIGNA7URE PAGES 6 (CIJp pLL LACATIONS WR SIGNATUR� � ASSOCIATE DEPr. ACCOUMANT ACiION REQUESTED Council approval of attached Routine Maintenance Agreement #78299 between the City of Saint Paul and the State of Minnesota effective from July 1, 1999 to June 30, 2001. This agreement details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul. The Minnesofa State Departrnent of Transportation agrees to pay to the City of Saint Paul $439,918.64 per fiscal year for the routine maintenance of trunk highways within Saint Paul city limits. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONfRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNMG CAMMISSION CIVIL SFAVICE COMMISSION 1. Has this personttirtn ever worketl untler a contract for this tlepartmenY? YES NO CIB COMMITTEE 2. Has this person/firtn ever been a Cry employee? — — YES NO _ STAFF 3. Does this persoNfirtn possess a Sbll not nortnally possessed by any current C�ry — employee? DISTFi1CTCqUNCIL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? �P�ain all yes answers on separate sheet antl attach M green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY): ' Routine maintenance responsibility of the trunk highway system wiChin City of Saint Paul city limits. � ADVANTAGESIFAPPROVED Trunk higfiway system within City of Saint Paul city limits will receive routine maintenance by one agency. DISADVANTAGES IF APPROVED: - None DISAOVANTAGES IF NOT APPROVED: Another agreement wili have to be negotiated. CQ� �� "'? �!�s ri3' �� TOTALAMOUNTOFTRANSACTION$ $439,9180.64perfiscalyear COSLREVENUEBUDGETEp(CIBS YES NO FUNDING SOURCE Trunk Hiqhway funds ACINITY NUMBER 225-42310.3450,240-12005-3450,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLF✓Iz W MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT �� PREPARED BY Mn/DOT METRO DIVISION AGREEMEtJT IVO. MAINTENANCE OPERATIONS 78299 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION �l►L�� THE CITY OF ST. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the corporate limits of the City of St. Paui upon ?he terms and conditions set forth in this Agreement. Agency: T-79 MAPS Contract Number: Fiscal Year: 2000 � Total Aereement Amount: 5893,099.72 MAPS Ordcr Number: Mn/DOT Bud�et Office: ✓ MAPS Entfi — Sian and Date (Authorized Sianature) (Individual sianine certifies that funds have bcen - � encu mbered as required by Minn. Stat. § 16A-15.) Amount Encumbered First Year of Cuntract S439.918.fi4 Amount Encumbered Second Year of Contract 5453 181 08 T�r�o Year Contract: July 1, 1999 - June 30, 2001 � 9-S�/ Mn/DOT Agreement No. 78299 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paul, a body polftic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City." WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1998); and WHEREAS, pu�suant to Minnesota Statutes, Section 161.38 (1998), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES O� THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the attached map, marked Exhibit A, and by this reference made a part thereof; particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Miles, No. 5 and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at Wheeler Avenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 622&; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easterly on Seventh Street a�-ss � MntDOT Agreement No. 7829� to Mounds Boulevard (f.H. 61); also the following 3.02 miles of trunk highway consisting of 9.37 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easterly on Minnehaha Avenue to the east City limits. This description has a total of 38.62 Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01 Equivalent Lane Miles, No. 13 and designated in the Minnesota Department of Transportation records as Control Section No. 1902; beginning at the junction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes all portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a total of 1.01 Equiva�ent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This descriQtion has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.4& miles of trunk highway consisting of 9.91 Equivalent �ane Mifes, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Ave��e (T.H. 952A). This descriptio� has a total of 9.91 Equivalent Lane Miles. Trunk Highway 7he following 6.11 mi{es of trunk highway consisting of 36.30 Eq�ivafent Lane No. 51 Mifes, and designated in the Minnesota Depanmenl of Transporiation records as Control Section No. 62�5; beginning at the north City limits (Hoyt Avenue) and Snelling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence easi on Montreai Avenue to Fort Road (T.H. 5). lncludes all portions of this highway located in the corporate Iimits of Falcon Helghts. This descrlption has a total of 36.30 Equivalent Lane MIIes. F] �q �� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southerly on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the following 0.49 miles of trunk highway consisting of 1.63 Equivafent Lane Miles, and designated in the Minnesota Department of Transportation records as Contro! Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to P4ato Boulevard; thence northe�ly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Tru�k Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Soulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a total of 13.73 Equivalent Lane Mi1es. Trunk Highway The following 0.50 miles of tru�k highway consisting of 1.90 Equivalent Lane Miles, No. 94 and desig�ated in the Minnesota Department of Transportation records as Control Sectio� No. fi282; beginning at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Snelling Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; begin�ing again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from �R s� � Mn/DOT Agreement No. 78299 eastbound T.H. 94 to Marion Street; thence easterly along Concordia Avenae to Manon Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of St. Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence weste�ly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale St�eet; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.ti. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue 10 the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to west6ound T.H. 94. This description has a totat of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 mifes of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits (junction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 and designated in the Minnesota Department:of TFansPortation records as Controi Section No. 6219; beginning at the south City limits and Concord Street; thence northwest on Concord Street to the west ramps of Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. �9�.5�� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota DepaRment of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from soufhbound T.H. 280 to Territoria� Road; ihence southerly on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound 7.H. 94; and the following 0.15 miles of t�unk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Franklin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue snd University Avenue; thence northerly on Cromweil Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromwell and Territorial Road; fhence northerly on Cromwell to the junction of Cromwell and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway 7he following 3.12 miles of trunk highway consisting of 13.18 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a tota( of 13.18 Equivalent Lane Mi(es. The above roadway descriptions have a tota! of 132.65 Equivalent Lane Miles. All pedestfian and roadway bsidges over a11 MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Mifes. This Agreement covers a grand toiai of '141.09 Equivalent Lane Mifes. Equivalent Lane Mifes are equai to the roadway width between the curbs, measured in feet, multiplied by the length of the roadway, measured in miles, divided by a standard lane width of twelve (12) feet. q9-�,� Mn/DOT Agreement No. 78299 B. The City shall provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shatl incfude al1 necessary routine maintenance to preserve the roadbed, 4ridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surtace, joint and crack sealing of the surtace, gravel shoulde� repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shall cover the entire width of the roadway and its appurtenances, such as shoulders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spall patching, minor bridge railing repair, proper and timely sealing of cracks in oituminous surfaced bridges, removal of gra�ti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. lCeep the roadways, bridges, and pedestrian walkways reasonably free and clear from ice and snow and undertake proper cfeaning and ice and snow conlrol measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including necessary and regu{ar mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transpor[ation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. q9 �� Mn/DOT Agreement No. 78299 State sha11 retain its authority to administer, issue, and regu{ate access permits, sign advertising permits, drainage permits, and permits to instail new utifities on the trunk highways described in Section l, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shall furnish all labor, equipment, materials, supplies, tools, and other items necessary for the pertormance of the services to be provided for by the City under this Agreement. D. Al{ mater+a{s used by the City in the performance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and to any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a trunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. if State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wifl maintain the reverted portion at its soie cost and expense. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, milling and overlay of the roadway s�rface, replacement of drainage siructures and culverls, and major washout repairs. q�� Mn/DOT Agreement No. 78299 B. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, dcainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph S. State's Authorized Representative will inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be pertormed, and of any lane closures or traffic restrictions associated with the authorized work. Ill. ANNUAL INSPECTION The Authorized Representatives of State and the City shafl }'ointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being pertormed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partiaily bfock the trunk highways and bridges for a period of time necessary for the perFormance of the services covered under this Ag�eement. {n cases of emergency, such trunk highways and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, shall the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or telephone cables, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be closed to tra�c for any reasons other than those above se1 forth and in no event for a time Ionger than reasonably necessary to complete authorized work. G�' � Mn/DOT Agreement tJo. 78299 C. All partial and total closures of the trunk highways and bridges covered underthis Agreement shall be in conformance with the current Minnesota Manual on Uniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, One Hundred Eighteen and No/100 Dollars (53,115.00) per Equivalent Lane Mi{e, during the first year of this Agreement and the sum of Three Thousand, Two Hundred Twe{ve and No/100 Dollars ($3,212.00) per Equivalent Lane Mile, during the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shall be considered full and complete compensation for all work to be pertormed by the City under this Agreement. B. In the event this Agreement terminates prior to June 30, 2001, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2000 October 1. 1999 January 1, 2D00 April 1, 2000 June 30, 2000 Fiscal Year 2001 $109,979.66 $109,979.66 $109,979.66 �109,979.66 October 1. 2000 January 1, 2001 April 1, 2001 June 30, 2001 $113,295.27 $113,295.27 �113,295.27 $1 � 3,29527 ��,�� Mn/DOT Agreement No. 78299 D. State's maximum obligation during the first year of this Agreement is $439,918.64, and its maximum obligation during the second year of this Agreement is $453,181.08. State's fotal obligation under this Agreement is $893,099.72. VI. CONDI710NS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible afterthe respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis Iisti�g all labor, matecials, and equipment used by the City during the quarter; an invoice for the services performed, and a certificate certifying that all work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. In the event State cannot or does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a levef sufficient to a0ow for the purchasing of ihe services andtor goods contained herein, this Agreement may be immediately canceled, at State's optio�, by written notice of cancellation defivered in person, by mail, or 6y facsimi4e to City at the address specified in this Agreement. State will not be obligated to pay for any services and/or goods provided by City after such notice of cancellation. C. Ail services provided by the Ciiy pursuant to ihis Agreement shall be pertormed to the satisfaction of State, as __ ._- dete�mined at the sole discretion of its Authorized Representative pursuant to Sectfon IX, Paragraph A, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. D. If the City faifs to pertorm any of the work according to the terms of this Agreement, State may perform such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement any amount of State's costs and any additionaf amounts required for the compfetion of the work. ff Siate retains any payment u�der this Agreement because of the City's inadequate work, and the work is subsequentfy made adequate by the City, State shall immediately pay to the City the amount of payment withheid. 10 qq,5�l Mn/DOT Agreement No. 78299 7his paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City fo� any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 7999, and shall remain in effect through June 30, 2001, subject to the legislature providing to State su�cient appropriations forthis Agreement for each fiscal year during the term of this Agreement. VIII. CANCELLATION This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AU7HORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Paul F. Keranen, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Rosevilie, Minnesota 55113, (651)582-1424, or his successor. The Cfty's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Pub{ic Works, City of St. Paul, 660 City Hall Annex, 25 West Fourth Street, St. Pauf, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. if such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section V{, Paragraph A, and shaff authorize payment. 11 �q,551 MnIDOT Agreement No. 78299 X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party wfth third parties for the performance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shall not be construed as a relinquishment by State of any powers or conirof it may have overthe trunk highways and bridges covered underthis Agreement. Xl. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede alI prior negotiations, understandings, or agreements. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILITY A. AII persons employed by or on behalf of the City working on the highways and bridges unde� this Agreement are employees or agents of the City and in no way employed by State; provided however, that this ciause shall not apply to persons employed directly by State or by contractors, other than the City, engaged by State. B. Each party shall be responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shall be governed by the provisions of Minnesota Statutes 12 a�� MnIDOT Agreement No. 78299 Section 3.736 (1998) and the liability of the City shall be govemed by Minnesota Statutes Chapter 466 (1998). This clause shall not ba construed to bar any 1ega1 remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIII. WORKERS' COMPENSATION Any and all persons employed by or on behalf of each paRy to pertorm any of the work described in this Agreement shall not be considered employees of the other party. And afV cfaims that may or might arise underthe Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federal Employees Liability Act on behalf of said employees or persons while so engaged and any and all claims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplsted herein shafl not be the obtigation or responsibility of the other party. XIV. CIV1l ftIGHTS The provisions of Minnesota Statutes Section 181.59 (1988), and any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shail be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than �ix years foliowing the expiration of this Agreement. 13 q q,��l Mn/DOT Agreement No. 78299 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized o�cials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By � Me o Division ADE, Maintenance COMMISSIONER OF TRANSPORTATION C1TY OF ST. PAUL g c� 1��il Mayor Date �1��v�f Y J�!'�'"l BY 2-- �y 6 �--+� rector of Finance and Management Services L - Z_ `7 Authorized Signature OFFICE OF THE ATTORNEY GENERAL Approved as to Fo�m and Execution: Countersigned: By Director of P li Wo c,�� Date � � � Approved as to Form and Execution: � COMMISSIONER OF ADMINISTi2ATION m Authorized Signature g `1�_ 'd ' `b`n'7 Assistant City Attorney Date G• � •�� 14 �{ Mn/DOT Agreement No. 78299 Citv's Signature Acknowiedqment State of Minnesota County of Ramsey This Agreement was acknowledged before me this �� day of �J � S�Q_ _ , 1999, by �A/1'ti �Tw��6v1 and �''�-%'� , the Mayor (Name) (Name) and the Director of Finance and Management Services of the City of St. Paul, and did execute this Agreement on behalf of the City intending to be bound thereby. • �1 „ , � � � JEAN R. KARPE � � /,' "�;� NOIARY PUBLIC MINNESDTA Notary Pubfic T""" � ✓— �4{`��' ♦S s, �� E�qsSan. l C L� � 'r::"<:�i "..`'.:'! ; My Commission Expires �� I�7i��u ° 15 4 R �� Council File # RESOLUTION Green sheet # 24$24 `, ITY OF SAINT PAUL, MINNESOTA �/r `% G �f Gr�a1�., i ��' Presenced By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul has approximately 29.63 miles (141.09 equivalent lane miles) 2 3 4 5 6 7 8 9 of designated trunk highways located within the city limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 78299 and effective from July 1, 1999 through June 30, 2001 has been negotiated between the City of Saint Paul and the State of Minnesota which details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and 10 WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 11 78299, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint 12 Paul $439,918.64 per fiscal year to provide annual routine maintenance to the aforementioned 13 trunk highway system within the time limits noted, and 14 15 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds i 6 encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited i 7 into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 18 240-12006-3450, now, therefore, 19 20 BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 78299 with the 21 Minnesota Department of Transportation, and 22 23 BE IT FURTNER RESOLVED, that the proper City officials are hereby authorized and directed to 24 execute said agreement. , � � 25 Requested by Department of: Cert � , �i � i i i By• —�— -' v � Approv by Mayor Approved � Ma or• Date `�^"'"`-�� (17 � By: By: ion to Council i Adopted by�e�nciL• /i�t/G�/9 Form Approved by City Attorney Go�CC 1 OEPARTMENT/OFFICFJCOUNCIL DATEINITIATED GREEN SHEET N0. 24824 Public Works June 3, 1999 i A� �NIiIAUDATE CONTACTPERSONBPHONE DEPARTMENTDIRECTOR �CINCOUNCIL GaryErichson 266-6229 i �` �C'N �CRYATTORNEY ,�� ❑ciTrc�wc NUMBERFOR MUST BE ON CqUNCIL AGENDA BY (DATE) RO�RINCa gUDGEf DIPECTOR FlN. & MGT. SERVICES DIR June 16, 1999 ° " D � �j MAYOR (OR ASSIST G TOTAL f OF SIGNA7URE PAGES 6 (CIJp pLL LACATIONS WR SIGNATUR� � ASSOCIATE DEPr. ACCOUMANT ACiION REQUESTED Council approval of attached Routine Maintenance Agreement #78299 between the City of Saint Paul and the State of Minnesota effective from July 1, 1999 to June 30, 2001. This agreement details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul. The Minnesofa State Departrnent of Transportation agrees to pay to the City of Saint Paul $439,918.64 per fiscal year for the routine maintenance of trunk highways within Saint Paul city limits. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONfRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNMG CAMMISSION CIVIL SFAVICE COMMISSION 1. Has this personttirtn ever worketl untler a contract for this tlepartmenY? YES NO CIB COMMITTEE 2. Has this person/firtn ever been a Cry employee? — — YES NO _ STAFF 3. Does this persoNfirtn possess a Sbll not nortnally possessed by any current C�ry — employee? DISTFi1CTCqUNCIL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? �P�ain all yes answers on separate sheet antl attach M green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY): ' Routine maintenance responsibility of the trunk highway system wiChin City of Saint Paul city limits. � ADVANTAGESIFAPPROVED Trunk higfiway system within City of Saint Paul city limits will receive routine maintenance by one agency. DISADVANTAGES IF APPROVED: - None DISAOVANTAGES IF NOT APPROVED: Another agreement wili have to be negotiated. CQ� �� "'? �!�s ri3' �� TOTALAMOUNTOFTRANSACTION$ $439,9180.64perfiscalyear COSLREVENUEBUDGETEp(CIBS YES NO FUNDING SOURCE Trunk Hiqhway funds ACINITY NUMBER 225-42310.3450,240-12005-3450,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLF✓Iz W MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT �� PREPARED BY Mn/DOT METRO DIVISION AGREEMEtJT IVO. MAINTENANCE OPERATIONS 78299 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION �l►L�� THE CITY OF ST. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the corporate limits of the City of St. Paui upon ?he terms and conditions set forth in this Agreement. Agency: T-79 MAPS Contract Number: Fiscal Year: 2000 � Total Aereement Amount: 5893,099.72 MAPS Ordcr Number: Mn/DOT Bud�et Office: ✓ MAPS Entfi — Sian and Date (Authorized Sianature) (Individual sianine certifies that funds have bcen - � encu mbered as required by Minn. Stat. § 16A-15.) Amount Encumbered First Year of Cuntract S439.918.fi4 Amount Encumbered Second Year of Contract 5453 181 08 T�r�o Year Contract: July 1, 1999 - June 30, 2001 � 9-S�/ Mn/DOT Agreement No. 78299 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paul, a body polftic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City." WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1998); and WHEREAS, pu�suant to Minnesota Statutes, Section 161.38 (1998), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES O� THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the attached map, marked Exhibit A, and by this reference made a part thereof; particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Miles, No. 5 and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at Wheeler Avenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 622&; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easterly on Seventh Street a�-ss � MntDOT Agreement No. 7829� to Mounds Boulevard (f.H. 61); also the following 3.02 miles of trunk highway consisting of 9.37 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easterly on Minnehaha Avenue to the east City limits. This description has a total of 38.62 Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01 Equivalent Lane Miles, No. 13 and designated in the Minnesota Department of Transportation records as Control Section No. 1902; beginning at the junction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes all portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a total of 1.01 Equiva�ent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This descriQtion has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.4& miles of trunk highway consisting of 9.91 Equivalent �ane Mifes, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Ave��e (T.H. 952A). This descriptio� has a total of 9.91 Equivalent Lane Miles. Trunk Highway 7he following 6.11 mi{es of trunk highway consisting of 36.30 Eq�ivafent Lane No. 51 Mifes, and designated in the Minnesota Depanmenl of Transporiation records as Control Section No. 62�5; beginning at the north City limits (Hoyt Avenue) and Snelling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence easi on Montreai Avenue to Fort Road (T.H. 5). lncludes all portions of this highway located in the corporate Iimits of Falcon Helghts. This descrlption has a total of 36.30 Equivalent Lane MIIes. F] �q �� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southerly on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the following 0.49 miles of trunk highway consisting of 1.63 Equivafent Lane Miles, and designated in the Minnesota Department of Transportation records as Contro! Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to P4ato Boulevard; thence northe�ly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Tru�k Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Soulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a total of 13.73 Equivalent Lane Mi1es. Trunk Highway The following 0.50 miles of tru�k highway consisting of 1.90 Equivalent Lane Miles, No. 94 and desig�ated in the Minnesota Department of Transportation records as Control Sectio� No. fi282; beginning at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Snelling Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; begin�ing again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from �R s� � Mn/DOT Agreement No. 78299 eastbound T.H. 94 to Marion Street; thence easterly along Concordia Avenae to Manon Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of St. Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence weste�ly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale St�eet; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.ti. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue 10 the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to west6ound T.H. 94. This description has a totat of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 mifes of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits (junction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 and designated in the Minnesota Department:of TFansPortation records as Controi Section No. 6219; beginning at the south City limits and Concord Street; thence northwest on Concord Street to the west ramps of Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. �9�.5�� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota DepaRment of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from soufhbound T.H. 280 to Territoria� Road; ihence southerly on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound 7.H. 94; and the following 0.15 miles of t�unk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Franklin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue snd University Avenue; thence northerly on Cromweil Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromwell and Territorial Road; fhence northerly on Cromwell to the junction of Cromwell and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway 7he following 3.12 miles of trunk highway consisting of 13.18 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a tota( of 13.18 Equivalent Lane Mi(es. The above roadway descriptions have a tota! of 132.65 Equivalent Lane Miles. All pedestfian and roadway bsidges over a11 MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Mifes. This Agreement covers a grand toiai of '141.09 Equivalent Lane Mifes. Equivalent Lane Mifes are equai to the roadway width between the curbs, measured in feet, multiplied by the length of the roadway, measured in miles, divided by a standard lane width of twelve (12) feet. q9-�,� Mn/DOT Agreement No. 78299 B. The City shall provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shatl incfude al1 necessary routine maintenance to preserve the roadbed, 4ridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surtace, joint and crack sealing of the surtace, gravel shoulde� repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shall cover the entire width of the roadway and its appurtenances, such as shoulders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spall patching, minor bridge railing repair, proper and timely sealing of cracks in oituminous surfaced bridges, removal of gra�ti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. lCeep the roadways, bridges, and pedestrian walkways reasonably free and clear from ice and snow and undertake proper cfeaning and ice and snow conlrol measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including necessary and regu{ar mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transpor[ation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. q9 �� Mn/DOT Agreement No. 78299 State sha11 retain its authority to administer, issue, and regu{ate access permits, sign advertising permits, drainage permits, and permits to instail new utifities on the trunk highways described in Section l, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shall furnish all labor, equipment, materials, supplies, tools, and other items necessary for the pertormance of the services to be provided for by the City under this Agreement. D. Al{ mater+a{s used by the City in the performance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and to any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a trunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. if State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wifl maintain the reverted portion at its soie cost and expense. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, milling and overlay of the roadway s�rface, replacement of drainage siructures and culverls, and major washout repairs. q�� Mn/DOT Agreement No. 78299 B. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, dcainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph S. State's Authorized Representative will inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be pertormed, and of any lane closures or traffic restrictions associated with the authorized work. Ill. ANNUAL INSPECTION The Authorized Representatives of State and the City shafl }'ointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being pertormed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partiaily bfock the trunk highways and bridges for a period of time necessary for the perFormance of the services covered under this Ag�eement. {n cases of emergency, such trunk highways and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, shall the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or telephone cables, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be closed to tra�c for any reasons other than those above se1 forth and in no event for a time Ionger than reasonably necessary to complete authorized work. G�' � Mn/DOT Agreement tJo. 78299 C. All partial and total closures of the trunk highways and bridges covered underthis Agreement shall be in conformance with the current Minnesota Manual on Uniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, One Hundred Eighteen and No/100 Dollars (53,115.00) per Equivalent Lane Mi{e, during the first year of this Agreement and the sum of Three Thousand, Two Hundred Twe{ve and No/100 Dollars ($3,212.00) per Equivalent Lane Mile, during the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shall be considered full and complete compensation for all work to be pertormed by the City under this Agreement. B. In the event this Agreement terminates prior to June 30, 2001, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2000 October 1. 1999 January 1, 2D00 April 1, 2000 June 30, 2000 Fiscal Year 2001 $109,979.66 $109,979.66 $109,979.66 �109,979.66 October 1. 2000 January 1, 2001 April 1, 2001 June 30, 2001 $113,295.27 $113,295.27 �113,295.27 $1 � 3,29527 ��,�� Mn/DOT Agreement No. 78299 D. State's maximum obligation during the first year of this Agreement is $439,918.64, and its maximum obligation during the second year of this Agreement is $453,181.08. State's fotal obligation under this Agreement is $893,099.72. VI. CONDI710NS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible afterthe respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis Iisti�g all labor, matecials, and equipment used by the City during the quarter; an invoice for the services performed, and a certificate certifying that all work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. In the event State cannot or does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a levef sufficient to a0ow for the purchasing of ihe services andtor goods contained herein, this Agreement may be immediately canceled, at State's optio�, by written notice of cancellation defivered in person, by mail, or 6y facsimi4e to City at the address specified in this Agreement. State will not be obligated to pay for any services and/or goods provided by City after such notice of cancellation. C. Ail services provided by the Ciiy pursuant to ihis Agreement shall be pertormed to the satisfaction of State, as __ ._- dete�mined at the sole discretion of its Authorized Representative pursuant to Sectfon IX, Paragraph A, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. D. If the City faifs to pertorm any of the work according to the terms of this Agreement, State may perform such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement any amount of State's costs and any additionaf amounts required for the compfetion of the work. ff Siate retains any payment u�der this Agreement because of the City's inadequate work, and the work is subsequentfy made adequate by the City, State shall immediately pay to the City the amount of payment withheid. 10 qq,5�l Mn/DOT Agreement No. 78299 7his paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City fo� any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 7999, and shall remain in effect through June 30, 2001, subject to the legislature providing to State su�cient appropriations forthis Agreement for each fiscal year during the term of this Agreement. VIII. CANCELLATION This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AU7HORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Paul F. Keranen, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Rosevilie, Minnesota 55113, (651)582-1424, or his successor. The Cfty's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Pub{ic Works, City of St. Paul, 660 City Hall Annex, 25 West Fourth Street, St. Pauf, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. if such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section V{, Paragraph A, and shaff authorize payment. 11 �q,551 MnIDOT Agreement No. 78299 X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party wfth third parties for the performance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shall not be construed as a relinquishment by State of any powers or conirof it may have overthe trunk highways and bridges covered underthis Agreement. Xl. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede alI prior negotiations, understandings, or agreements. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILITY A. AII persons employed by or on behalf of the City working on the highways and bridges unde� this Agreement are employees or agents of the City and in no way employed by State; provided however, that this ciause shall not apply to persons employed directly by State or by contractors, other than the City, engaged by State. B. Each party shall be responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shall be governed by the provisions of Minnesota Statutes 12 a�� MnIDOT Agreement No. 78299 Section 3.736 (1998) and the liability of the City shall be govemed by Minnesota Statutes Chapter 466 (1998). This clause shall not ba construed to bar any 1ega1 remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIII. WORKERS' COMPENSATION Any and all persons employed by or on behalf of each paRy to pertorm any of the work described in this Agreement shall not be considered employees of the other party. And afV cfaims that may or might arise underthe Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federal Employees Liability Act on behalf of said employees or persons while so engaged and any and all claims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplsted herein shafl not be the obtigation or responsibility of the other party. XIV. CIV1l ftIGHTS The provisions of Minnesota Statutes Section 181.59 (1988), and any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shail be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than �ix years foliowing the expiration of this Agreement. 13 q q,��l Mn/DOT Agreement No. 78299 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized o�cials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By � Me o Division ADE, Maintenance COMMISSIONER OF TRANSPORTATION C1TY OF ST. PAUL g c� 1��il Mayor Date �1��v�f Y J�!'�'"l BY 2-- �y 6 �--+� rector of Finance and Management Services L - Z_ `7 Authorized Signature OFFICE OF THE ATTORNEY GENERAL Approved as to Fo�m and Execution: Countersigned: By Director of P li Wo c,�� Date � � � Approved as to Form and Execution: � COMMISSIONER OF ADMINISTi2ATION m Authorized Signature g `1�_ 'd ' `b`n'7 Assistant City Attorney Date G• � •�� 14 �{ Mn/DOT Agreement No. 78299 Citv's Signature Acknowiedqment State of Minnesota County of Ramsey This Agreement was acknowledged before me this �� day of �J � S�Q_ _ , 1999, by �A/1'ti �Tw��6v1 and �''�-%'� , the Mayor (Name) (Name) and the Director of Finance and Management Services of the City of St. Paul, and did execute this Agreement on behalf of the City intending to be bound thereby. • �1 „ , � � � JEAN R. KARPE � � /,' "�;� NOIARY PUBLIC MINNESDTA Notary Pubfic T""" � ✓— �4{`��' ♦S s, �� E�qsSan. l C L� � 'r::"<:�i "..`'.:'! ; My Commission Expires �� I�7i��u ° 15 4 R �� Council File # RESOLUTION Green sheet # 24$24 `, ITY OF SAINT PAUL, MINNESOTA �/r `% G �f Gr�a1�., i ��' Presenced By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul has approximately 29.63 miles (141.09 equivalent lane miles) 2 3 4 5 6 7 8 9 of designated trunk highways located within the city limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 78299 and effective from July 1, 1999 through June 30, 2001 has been negotiated between the City of Saint Paul and the State of Minnesota which details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and 10 WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 11 78299, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint 12 Paul $439,918.64 per fiscal year to provide annual routine maintenance to the aforementioned 13 trunk highway system within the time limits noted, and 14 15 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds i 6 encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited i 7 into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 18 240-12006-3450, now, therefore, 19 20 BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 78299 with the 21 Minnesota Department of Transportation, and 22 23 BE IT FURTNER RESOLVED, that the proper City officials are hereby authorized and directed to 24 execute said agreement. , � � 25 Requested by Department of: Cert � , �i � i i i By• —�— -' v � Approv by Mayor Approved � Ma or• Date `�^"'"`-�� (17 � By: By: ion to Council i Adopted by�e�nciL• /i�t/G�/9 Form Approved by City Attorney Go�CC 1 OEPARTMENT/OFFICFJCOUNCIL DATEINITIATED GREEN SHEET N0. 24824 Public Works June 3, 1999 i A� �NIiIAUDATE CONTACTPERSONBPHONE DEPARTMENTDIRECTOR �CINCOUNCIL GaryErichson 266-6229 i �` �C'N �CRYATTORNEY ,�� ❑ciTrc�wc NUMBERFOR MUST BE ON CqUNCIL AGENDA BY (DATE) RO�RINCa gUDGEf DIPECTOR FlN. & MGT. SERVICES DIR June 16, 1999 ° " D � �j MAYOR (OR ASSIST G TOTAL f OF SIGNA7URE PAGES 6 (CIJp pLL LACATIONS WR SIGNATUR� � ASSOCIATE DEPr. ACCOUMANT ACiION REQUESTED Council approval of attached Routine Maintenance Agreement #78299 between the City of Saint Paul and the State of Minnesota effective from July 1, 1999 to June 30, 2001. This agreement details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul. The Minnesofa State Departrnent of Transportation agrees to pay to the City of Saint Paul $439,918.64 per fiscal year for the routine maintenance of trunk highways within Saint Paul city limits. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONfRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNMG CAMMISSION CIVIL SFAVICE COMMISSION 1. Has this personttirtn ever worketl untler a contract for this tlepartmenY? YES NO CIB COMMITTEE 2. Has this person/firtn ever been a Cry employee? — — YES NO _ STAFF 3. Does this persoNfirtn possess a Sbll not nortnally possessed by any current C�ry — employee? DISTFi1CTCqUNCIL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? �P�ain all yes answers on separate sheet antl attach M green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY): ' Routine maintenance responsibility of the trunk highway system wiChin City of Saint Paul city limits. � ADVANTAGESIFAPPROVED Trunk higfiway system within City of Saint Paul city limits will receive routine maintenance by one agency. DISADVANTAGES IF APPROVED: - None DISAOVANTAGES IF NOT APPROVED: Another agreement wili have to be negotiated. CQ� �� "'? �!�s ri3' �� TOTALAMOUNTOFTRANSACTION$ $439,9180.64perfiscalyear COSLREVENUEBUDGETEp(CIBS YES NO FUNDING SOURCE Trunk Hiqhway funds ACINITY NUMBER 225-42310.3450,240-12005-3450,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLF✓Iz W MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT �� PREPARED BY Mn/DOT METRO DIVISION AGREEMEtJT IVO. MAINTENANCE OPERATIONS 78299 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION �l►L�� THE CITY OF ST. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the corporate limits of the City of St. Paui upon ?he terms and conditions set forth in this Agreement. Agency: T-79 MAPS Contract Number: Fiscal Year: 2000 � Total Aereement Amount: 5893,099.72 MAPS Ordcr Number: Mn/DOT Bud�et Office: ✓ MAPS Entfi — Sian and Date (Authorized Sianature) (Individual sianine certifies that funds have bcen - � encu mbered as required by Minn. Stat. § 16A-15.) Amount Encumbered First Year of Cuntract S439.918.fi4 Amount Encumbered Second Year of Contract 5453 181 08 T�r�o Year Contract: July 1, 1999 - June 30, 2001 � 9-S�/ Mn/DOT Agreement No. 78299 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paul, a body polftic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City." WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1998); and WHEREAS, pu�suant to Minnesota Statutes, Section 161.38 (1998), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES O� THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the attached map, marked Exhibit A, and by this reference made a part thereof; particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Miles, No. 5 and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at Wheeler Avenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 622&; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easterly on Seventh Street a�-ss � MntDOT Agreement No. 7829� to Mounds Boulevard (f.H. 61); also the following 3.02 miles of trunk highway consisting of 9.37 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easterly on Minnehaha Avenue to the east City limits. This description has a total of 38.62 Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01 Equivalent Lane Miles, No. 13 and designated in the Minnesota Department of Transportation records as Control Section No. 1902; beginning at the junction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes all portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a total of 1.01 Equiva�ent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This descriQtion has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.4& miles of trunk highway consisting of 9.91 Equivalent �ane Mifes, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Ave��e (T.H. 952A). This descriptio� has a total of 9.91 Equivalent Lane Miles. Trunk Highway 7he following 6.11 mi{es of trunk highway consisting of 36.30 Eq�ivafent Lane No. 51 Mifes, and designated in the Minnesota Depanmenl of Transporiation records as Control Section No. 62�5; beginning at the north City limits (Hoyt Avenue) and Snelling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence easi on Montreai Avenue to Fort Road (T.H. 5). lncludes all portions of this highway located in the corporate Iimits of Falcon Helghts. This descrlption has a total of 36.30 Equivalent Lane MIIes. F] �q �� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southerly on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the following 0.49 miles of trunk highway consisting of 1.63 Equivafent Lane Miles, and designated in the Minnesota Department of Transportation records as Contro! Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to P4ato Boulevard; thence northe�ly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Tru�k Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Soulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a total of 13.73 Equivalent Lane Mi1es. Trunk Highway The following 0.50 miles of tru�k highway consisting of 1.90 Equivalent Lane Miles, No. 94 and desig�ated in the Minnesota Department of Transportation records as Control Sectio� No. fi282; beginning at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Snelling Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; begin�ing again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from �R s� � Mn/DOT Agreement No. 78299 eastbound T.H. 94 to Marion Street; thence easterly along Concordia Avenae to Manon Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of St. Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence weste�ly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale St�eet; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.ti. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue 10 the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to west6ound T.H. 94. This description has a totat of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 mifes of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits (junction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 and designated in the Minnesota Department:of TFansPortation records as Controi Section No. 6219; beginning at the south City limits and Concord Street; thence northwest on Concord Street to the west ramps of Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. �9�.5�� Mn/DOT Agreement No. 78299 Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota DepaRment of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from soufhbound T.H. 280 to Territoria� Road; ihence southerly on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound 7.H. 94; and the following 0.15 miles of t�unk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Franklin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue snd University Avenue; thence northerly on Cromweil Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromwell and Territorial Road; fhence northerly on Cromwell to the junction of Cromwell and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway 7he following 3.12 miles of trunk highway consisting of 13.18 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a tota( of 13.18 Equivalent Lane Mi(es. The above roadway descriptions have a tota! of 132.65 Equivalent Lane Miles. All pedestfian and roadway bsidges over a11 MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Mifes. This Agreement covers a grand toiai of '141.09 Equivalent Lane Mifes. Equivalent Lane Mifes are equai to the roadway width between the curbs, measured in feet, multiplied by the length of the roadway, measured in miles, divided by a standard lane width of twelve (12) feet. q9-�,� Mn/DOT Agreement No. 78299 B. The City shall provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shatl incfude al1 necessary routine maintenance to preserve the roadbed, 4ridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surtace, joint and crack sealing of the surtace, gravel shoulde� repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shall cover the entire width of the roadway and its appurtenances, such as shoulders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spall patching, minor bridge railing repair, proper and timely sealing of cracks in oituminous surfaced bridges, removal of gra�ti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. lCeep the roadways, bridges, and pedestrian walkways reasonably free and clear from ice and snow and undertake proper cfeaning and ice and snow conlrol measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including necessary and regu{ar mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transpor[ation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. q9 �� Mn/DOT Agreement No. 78299 State sha11 retain its authority to administer, issue, and regu{ate access permits, sign advertising permits, drainage permits, and permits to instail new utifities on the trunk highways described in Section l, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shall furnish all labor, equipment, materials, supplies, tools, and other items necessary for the pertormance of the services to be provided for by the City under this Agreement. D. Al{ mater+a{s used by the City in the performance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and to any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a trunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. if State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wifl maintain the reverted portion at its soie cost and expense. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, milling and overlay of the roadway s�rface, replacement of drainage siructures and culverls, and major washout repairs. q�� Mn/DOT Agreement No. 78299 B. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, dcainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph S. State's Authorized Representative will inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be pertormed, and of any lane closures or traffic restrictions associated with the authorized work. Ill. ANNUAL INSPECTION The Authorized Representatives of State and the City shafl }'ointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being pertormed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partiaily bfock the trunk highways and bridges for a period of time necessary for the perFormance of the services covered under this Ag�eement. {n cases of emergency, such trunk highways and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, shall the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or telephone cables, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be closed to tra�c for any reasons other than those above se1 forth and in no event for a time Ionger than reasonably necessary to complete authorized work. G�' � Mn/DOT Agreement tJo. 78299 C. All partial and total closures of the trunk highways and bridges covered underthis Agreement shall be in conformance with the current Minnesota Manual on Uniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, One Hundred Eighteen and No/100 Dollars (53,115.00) per Equivalent Lane Mi{e, during the first year of this Agreement and the sum of Three Thousand, Two Hundred Twe{ve and No/100 Dollars ($3,212.00) per Equivalent Lane Mile, during the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shall be considered full and complete compensation for all work to be pertormed by the City under this Agreement. B. In the event this Agreement terminates prior to June 30, 2001, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2000 October 1. 1999 January 1, 2D00 April 1, 2000 June 30, 2000 Fiscal Year 2001 $109,979.66 $109,979.66 $109,979.66 �109,979.66 October 1. 2000 January 1, 2001 April 1, 2001 June 30, 2001 $113,295.27 $113,295.27 �113,295.27 $1 � 3,29527 ��,�� Mn/DOT Agreement No. 78299 D. State's maximum obligation during the first year of this Agreement is $439,918.64, and its maximum obligation during the second year of this Agreement is $453,181.08. State's fotal obligation under this Agreement is $893,099.72. VI. CONDI710NS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible afterthe respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis Iisti�g all labor, matecials, and equipment used by the City during the quarter; an invoice for the services performed, and a certificate certifying that all work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. In the event State cannot or does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a levef sufficient to a0ow for the purchasing of ihe services andtor goods contained herein, this Agreement may be immediately canceled, at State's optio�, by written notice of cancellation defivered in person, by mail, or 6y facsimi4e to City at the address specified in this Agreement. State will not be obligated to pay for any services and/or goods provided by City after such notice of cancellation. C. Ail services provided by the Ciiy pursuant to ihis Agreement shall be pertormed to the satisfaction of State, as __ ._- dete�mined at the sole discretion of its Authorized Representative pursuant to Sectfon IX, Paragraph A, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. D. If the City faifs to pertorm any of the work according to the terms of this Agreement, State may perform such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement any amount of State's costs and any additionaf amounts required for the compfetion of the work. ff Siate retains any payment u�der this Agreement because of the City's inadequate work, and the work is subsequentfy made adequate by the City, State shall immediately pay to the City the amount of payment withheid. 10 qq,5�l Mn/DOT Agreement No. 78299 7his paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City fo� any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 7999, and shall remain in effect through June 30, 2001, subject to the legislature providing to State su�cient appropriations forthis Agreement for each fiscal year during the term of this Agreement. VIII. CANCELLATION This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AU7HORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Paul F. Keranen, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Rosevilie, Minnesota 55113, (651)582-1424, or his successor. The Cfty's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Pub{ic Works, City of St. Paul, 660 City Hall Annex, 25 West Fourth Street, St. Pauf, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. if such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section V{, Paragraph A, and shaff authorize payment. 11 �q,551 MnIDOT Agreement No. 78299 X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party wfth third parties for the performance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shall not be construed as a relinquishment by State of any powers or conirof it may have overthe trunk highways and bridges covered underthis Agreement. Xl. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede alI prior negotiations, understandings, or agreements. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILITY A. AII persons employed by or on behalf of the City working on the highways and bridges unde� this Agreement are employees or agents of the City and in no way employed by State; provided however, that this ciause shall not apply to persons employed directly by State or by contractors, other than the City, engaged by State. B. Each party shall be responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shall be governed by the provisions of Minnesota Statutes 12 a�� MnIDOT Agreement No. 78299 Section 3.736 (1998) and the liability of the City shall be govemed by Minnesota Statutes Chapter 466 (1998). This clause shall not ba construed to bar any 1ega1 remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIII. WORKERS' COMPENSATION Any and all persons employed by or on behalf of each paRy to pertorm any of the work described in this Agreement shall not be considered employees of the other party. And afV cfaims that may or might arise underthe Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federal Employees Liability Act on behalf of said employees or persons while so engaged and any and all claims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplsted herein shafl not be the obtigation or responsibility of the other party. XIV. CIV1l ftIGHTS The provisions of Minnesota Statutes Section 181.59 (1988), and any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shail be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than �ix years foliowing the expiration of this Agreement. 13 q q,��l Mn/DOT Agreement No. 78299 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized o�cials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By � Me o Division ADE, Maintenance COMMISSIONER OF TRANSPORTATION C1TY OF ST. PAUL g c� 1��il Mayor Date �1��v�f Y J�!'�'"l BY 2-- �y 6 �--+� rector of Finance and Management Services L - Z_ `7 Authorized Signature OFFICE OF THE ATTORNEY GENERAL Approved as to Fo�m and Execution: Countersigned: By Director of P li Wo c,�� Date � � � Approved as to Form and Execution: � COMMISSIONER OF ADMINISTi2ATION m Authorized Signature g `1�_ 'd ' `b`n'7 Assistant City Attorney Date G• � •�� 14 �{ Mn/DOT Agreement No. 78299 Citv's Signature Acknowiedqment State of Minnesota County of Ramsey This Agreement was acknowledged before me this �� day of �J � S�Q_ _ , 1999, by �A/1'ti �Tw��6v1 and �''�-%'� , the Mayor (Name) (Name) and the Director of Finance and Management Services of the City of St. Paul, and did execute this Agreement on behalf of the City intending to be bound thereby. • �1 „ , � � � JEAN R. KARPE � � /,' "�;� NOIARY PUBLIC MINNESDTA Notary Pubfic T""" � ✓— �4{`��' ♦S s, �� E�qsSan. l C L� � 'r::"<:�i "..`'.:'! ; My Commission Expires �� I�7i��u ° 15