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87-1160 WHITE - CSTV CIERK PINK - FINANCE GITY OF SAINT PAUL Council �,_ f��� CAMM�V - OEPARTMENT BLUE - MAVOR File NO. Cou cil R olution -� .. � � ��1 Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Department of Transportation of the State of Minnesota has submitted to the City of Saint Paul an Agreement for the maintenance of Trunk Highways within the corporate limits of the City of Saint Paul. BE IT RESOLVED, That the proper City officials are hereby authorized and directed to enter into the Routine Maintenance Agreement Number 2153, a copy of which is attached � hereto and incorporated by reference with the Department of Transportation of the State of Minnesota for the maintenance of Trunk Highways within the corporate limits of the City of Saint Paul. COUNCILMEN Requested by Department of: Yeas Drew Nays Nicosia [n Favor �f Rettman � ,������.L'�/ Scheibel � • Sonnen ' __ Agaipst BY �e�1E�/D/�- Wilson A�' ' � �7 Form Approv by City Attorney Adopted by Council: Date Certified Pas• b ncil Se tar BY By� Approv y Mavor: Date A � �t 1��1 Approved ayo r S ' sion to Council � - — BY ��� - P46���"�� � �.!� ? _ i9R7 � Public works DEPARTMENT :���-3, 0 1 2 4 1 . Allen d. Shetka CONTACT �"7—//�i d � 292-66�2 PMONE JQly �, 1987 DATE �� ,i� e� ASSIGN NUI�ER FOR ROUTING ORDER (Clip All Locations for Siqnature) : or 3 Director of Management/Mayor Finance and Management Services Director 4 City Clerk Budget Director � City Attorney . WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ � Rationale) : With this agreement between the State of Minnesota, Department of Transportation and the City of Saint Paul, the City agrees to do the routine maintenance on certain portions of trunk highways within the corporate limits of the City of Saint Paul and the State will pay the City for this maintenance. This is a two year agreement and runs from July 1, 1987 . through June 30, 1989. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPA7ED: �C� JUL 1 p1987 xor� MAYOR'S OFFICE FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under��CE�v�D $10,000) Funding Source: Activity Number: JUL 8 19$7 ATTACHMENTS (List and Number Al1 Attachments) : ��� � ��fi���EY Rcsu"tine Maintenance Agreement between the State of Minnesota and the City of Saint Paul (2). (both copies must be signed and returned) Council Resolution . DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes No Yes X No Insurance Attached: � (SEE REVERSE SIDE FOR INSTRUCTiONS) Revised 12/84 � � HOW TO USE TFiE GREEN SHEET The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures y 2. to brief the reviewers of documents on the impacts of approval � i 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of ahange or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. . Below is the preferred ROUTING for the five most frec�uent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain.. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. � '' � ���vQ � � � �� �� ' MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT PREPARED BY DISTRICT NINE AGREEMENT N0. MAINTENANCE SECTION - 2153 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AN D THE CITY OF ST. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges upon the terms and conditions set forth in this agreement. AMOUNT ENCUMB. a401,86I.28 (Per Fiscal Year) Two Year Contract July 1, 2987-June 30, 1989 , ��y//� ' , ,.- _- �, �- � Maintenance Agreement No.'2123 . Maintenance Agreement between the � State of Minnesota and the City of St. Paul AGREEMENT THIS AGREEMENT, made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of St. Paul, hereinafter referred to as the "City", WI7NESSETH: Whereas pursuant to Minn. Stat. Sec. 161.38, subd. 3 (1984), the parties desire to enter into an agreement relating to the maintenance of trunk highway(s) and bridges upon the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES 00 AGREE AS FOLLOWS: I The City shall provide routine maintenance on those portions of the ,trunk highway(s) and bridges described as follows, to-wit: Trunk Highway No. 5 The following 5.37 miles of trunk highway consisting of 25.47 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section 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. 52); and the following 0.76 miles of trunk high- way consisting of 3.78 equivalent lane miles and designated in the Minnesota Department of Transpor- tation records as Control Section 6228; beginning at Robert Street and Eighth Street easterly on Eighth Street to Seventh St. (at Sibley}; thence easterly on Seventh St, to Mounds Blvd. (T.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 6229; beginning at Seventh 5treet and Arcade Street (T.H. 61), thence easterly on Seventh Street to Minnehaha Avenue; thence easterly on Minnehaha Avenue to the east city limits............. .. ........................38.62 Equivalent Lane Miles � , � ��-r��� • Trunk Highway No. 12 The following 0.15 mile on Eleventh and Twelfth � Streets between Jackson and Robert Streets is equiva- lent to 1.31 lane miles; and designated in the Minnesota Department of Transportation records as Control Section 6208................................. ...........................1.31 Equivalent Lane Miles Trunk Highway No. 13 The following 0.39 mile of trunk highway consisting of 1.01 equivalent lane miles, and designated in the Minnesota Department of Transportation records as � Control Section No. 1902; beginning at the �unction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County (includes all por- tions of this highway located irt the corporate Timits of W. St. Paul and Mendota Heights).................. ...........................1.OI Equivalent Lane Miles Trunk Highway No. 49 The following 2.48 miles of trunk highway consisting of 9.91 equivalent lane miles, 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 Avenue (T.H. 52).......................... ...........................9.91 Equivalent Lane Miles Trunk Highway No. 51 The following 6.11 miles of trunk highway consisting of 36.30 equivalent lane miles, and designated in Minnesota Department of Transportation records as Control Section No. 6215; beginning at the North City Limits (Hoyt Ave. ) and Snelling Avenue; thence south on Snelling Avenue to Montreal Avenue, thence east on Montreal Avenue to Fort Road (T.H. 5) (includes all portions of this highway located in the corporate limits of Falcon Heights)............................ .. ........................36.30 Equivalent Lane Miles Trunk Highway No. 52 The following 2.46 miles of trunk highway consisting of 10.50 equivalent lane miles, and designated in the Minnesota Department of Transportation recards as Control Section No. 6217; beginning at the South City Limits and Robert Street; thence north and northwest on .Robert Street to Eleventh Street (South Frontage Road of I-35E); also the following 0.61 mile of trunk highway consisting of 2.68 equivalent lane miles, and designated in the Minnesota Department of Transportatio� records as a portion of Control Section No. 6217; beginning at Eleventh Street and Robert Street; thence north and northwest on Robert Street ta University Avenue; thence on University Avenue to Rice Street, and the following 5.20 miles of trunk highway consisting of 39.00 equivalent lane miies, and designated in the Minnesota Department of Transportation records as Control Section No. 6208; beginning at University Avenue and Rice Street; thence west on University Avenue to the West City Limits............ ..........................52.18 Equivalent Lane Miles , • � � � (�����a •Trunk Highway No. 56 The following 0.81 mile of trunk highway consisting of � 3.40 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6219, beginning at the South City Limits and Concord Street; thence northwest on Concord Street to the west ramps of 7.H. 3................... .. .........................3.40 Equivalent Lane Miles Trunk Highway No. 61 The following 3.19 miles of trunk highway consisting of 13.73 equivalent lane miles and designated in the - Minnesota Department of Transportation records as Control Section No. 6221; beginning at the Junctian of Interstate 94 and Mour�ds BouTevard; thence northwest on Mounds Boulevard to East Seventh Street; thence northeasterly to Arcade Street, thence north on Arcade Street to the North City Limits....:................. •••••••••••...............13.73 Equivalent Lane Mi1es Trunk Highway No. 149 The following 1.52 miles of trunk highway consisting of 5.61 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6223; from the South City Limits to West George Street; thence northwestrly to Fort Road (T.H. 5)........................................ •••••••••••••.•............5.61 Equivalent Lane Miles Legislative Route The following 1.73 miles consisting of 7.30 equivalent Number 108 lane miles; beginning at Snelling Avenue and Marshall Avenue; thence west on Marshall Avenue to the center of the Mississippi River Bridge....................... •••••••••••••• ••...........7.30 Equivalent Lane Miles Tota1....................169.37 Equivalent Lane Miles Together with all pedestrian and roadway bridges over all freeways, expressways and aforesaid highways. Total.......................7.35 Equivalent Lane Miles Grand Total.. ........................................ •••••••••••...............176.72 Equivaient Lane Miles � _�_,,......,_.�_.,.�,_.....�....,.,.,,.�.,�v • . �'�`�-//(p?� . II The maintenance to be performed by the City on the aforesaid trunk highway(s) and bridges shall be done in a timely fashion and consist of the following: � (a) � Maintaining the aforesaid portions of trunk highway(s) and bridges so as to keep the same in good repair and free from obstructions and impediments that may interfere with the passage of vehicle or pedestrian traffic. This maintenance shall include all necessary preven- � tive maintenance to preserve the roadbed, bridges and right of way in its present existing condition, including but not limited to, proper and timely crack sealing of the surface, restoration of utility openings, and all necessary patching of the travelled area. (b) Keeping the aforesaid portions of trunk highway(s), bridges and related pedestrian walkways reasonably free and clear from ice, snow, and debris all months of the year and undertake proper ice and snow control expeditiously. {c) Performing all necessary maintenance of vegetation within the right of way limits that may be required on the aforesaid portion of trunk highway(s). (d) Maintaining traffic control devices, safety devices, signals, and furnish and install such roadway markings and lane striping as may be necessary on the aforesaid portions of trunk highway(s), except that the State will furnish and install and maintain at all times suitable route markers, for the guidance of traffic on such trunk highway(s), (e) Furnishing all labor, equipment, materials, supplies, tools, and other items necessary (except those items specifically to be provided for above by the State) for the performance of all and any of the work provided for in this agreement. III The subject trunk highway(s) and bridges shall be reqularly and jointly inspected by authorized representatives of the State and City to review the adequacy of the maintenance work which is being performed. IV . It, however, shall not be the obligation of the City under this agreement to do any work which shall consist of extraordinary maintenance, betterments, construction, or reconstruction. In the event that the State should desire the City to do any such work, the parties will enter into a separate agreement therefore. , . ��7rr� � • v All materials used by the City in the performance of the work here- under shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Highway Construction, I983 Edition. VI The State will pay to the City the sum of Two Thousand Two Hundred Seventy Four pollars ($2,274.00) per Equivalent Lane Mile Per Year [Equivalent Lane Miles are equal to the trunk highway width in feet between the curbs, times length of trunk highway in miles, divided by a lane width of twelve (12) feet] during the term of this agreement for the performance of the work and labor and the furnishing of materials as set forth in this agreement on the trunk highway(s) covered by this agreement. Fractional miles and fractional months, if any, will be used in computing the amounts payable under this agreement. Payments under this agreement shall be made on a quarterly basis and as soon after the respective dates of October 1, January I, Apri1 1 and July 1 as may be possible, upon the submission by the City to the State, a certificate, approved by an authorized representative of the State, cer- tifying that all work has been done during the period for which payment is to be made, in full conformity with this agreement. _ VII The City may partially block the trunk highway(s) within its corporate limits at such time as it becomes necessary for the performance of the ser- vices under this agreement. I.n cases of emergency, such trunk highway(s) 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 highway(s) for a longer period of time than is reasonably required for making the necessary repairs thereon. The City may also close to travel said highway(s) at such time as it is necessary for the repair or installation of water or gas mains, electric or telephone cables, or sewers, but except in extraordinary circumstances, the City shall first give the State ten (10) days written notice and obtain a permit hefore corrmencing or allowing commencement of such installation or repairs. However, the City shall not cause any portions of the trunk highway(s) which it is to maintain under this agreement to be closed to traffic for any reasons other than those above set forth and in no event for a time longer than shall be necessary. In the event of the total blocking or closing of any such trunk highway(s), the City shali provide a suitable detour during such time. All partial and total closures of the described truck highway(s) shall be conducted in conformance with the Manual of Uniform Traffic Control Devices and the current edition of Appendix '6' . _.._...r..T..�„:......,.. __. , , �,,�--�-�--�i�� ' VIII Upon a change in the routing of the trunk highway(s), or any substitu- tion of a new route for any trunk highway described above, or upon any variation whatsoever from the present trunk highway location by the State, the City shall maintain the new trunk highway(s) in accordance with this agreement during such period of substitution and shall be paid therefore the amount to which it is entitled in accordance with the terms of this agreement. Should any portion of the above described highway(s) be relo- cated by the State, and the present roadway reverts to the City, the City - will maintain that portion at its sole expense. IX Upon the failure of the City to perform any of the work named herein under the terms of this agreement, then the State may perform such work or cause it to be performed, and may retain from any monies then due to the City under this agreement, or thereafter becoming due, such amount as is required for the completion of the work, provided, however, that this paragraph shall not be construed to relinquish any rights of action which may accrue in behalf of the State as against the City for any breach of agreement. When the State has withdrawn any payment or payments under the terms of this agreement because of inadequate maintenance work, and the work is subsequently made adequate by the City, the City wi l l be credited with an amount equal to the value of the completed work based upon the agreed price. X It is further understood that all persons working on trunk highway(s) are employees or agents of the City and in no way employed by the State, provided, however, that this clause shall not apply to persons employed directly by the State. All contracts and agreements made by the City t+ith third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agreement. XI It is hereby understood and agreed that the City wili not seek indem- nity or contribution from the State, its agents or �nployees, in any claim, action or causes of action of any kind or character arising from alleged City negligence of the maintenance work to be accomplished by the City under this agreement. XII This agreement shall remain in full force and effect from July 1, 1987, thru June 30, 1989, subject to the legislature providing sufficient appropriations for this agreement for each fiscal year during the term of this agreement. This agreement may be terminated ar supplemented to meet changing conditions at any time during its effective term by mutual agreement of both the State and City. , , C,�-d--f���a XIII If at any time, it appears that payments made to the City will exceed the total amount obligated for this agreement, the City shall notify the State of the estimated additional costs. The State shall then determine whether to terminate this agreement under the terms of Paragraph XII ar to continue services under the new cost estimates. XIV The provisions of Minn. Stat. Sec. 181.59 (1984), and of any appli- cable local ordinance relating to civil rights and discrimination sha11 be considered a part of this agreement as if fully set forth here�n. XV . � As provided under Minn. Stat. Sec. 166.06 Subd. 4 (1984), all books, records, documents and accounting procedures and practices of the City relevant to this contract are subject to examination by the State and either the Legislative Auditor or the State Auditor as appropriate. XVI This agreement shall not be construed as a relinquishment by the State of any powers or contral it may have over the above described trunk highway(s). , . �,,��7�r�a ` IN WITNESS WHEREOF, the State and the City have caused these presents to be ' executed by their respective officers. CITY OF ST. PAUL Countersigned: By ayor Director of Pu ic Wor s Approved as to Form and Execution by: irec or o inance anagement ervices Assistant City Attorney (CORPORATE SEAL} DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommended for Approval : By Ass�stant ommiss�oner - Operatians By Oistrict Ma�ntenance Engineer Date Approved: By � D�strict Engineer COMMISSIONER OF ADMII�ISTRATION By By Assis ant Divis�on Director Aut orize �gnature 0 perations Date �pproved as to Form and Execution: By Special Assistant Attorney General _____ .,.,,._.,�._,...�„�...,�.�.�...,..,�..:.e..... --- , .. • � v � �"I—ll<o Z� ` RESOLUTION _ Introduced by Councilman Seconded by Councilman Whereas the Department of Transportation of the State of Minnesota has submitted to the City of St. Paul an agreement for the maintenance of trunk highway(s) and bridges within the corporate limits of the City of St. Pau1. . Be It resolved by the City of St. Paul; That the Mayor and the Public Works Director of said City are hereby authori2ed and directed to enter into the Maintenance Agreement as submitted, with the Department of Transportation of the State of Minnesota, for the maintenance of trunk highway(s) and bridges within the corporate limits of the City of St. Paul. The question being on the passage of the resolution, there were yeas and nays. Passed , 19 . � ayor Filed and attested�this day of , 19 . City er (SEAL) STATE OF MINNESOTA ) CITY OF ST. PAUL �ss I, , City Clerk of the City of St. Paul, Minnesota, here y certi y that the oregoing is a true and complete copy of a resolution passed by the City Council of said City at a regular meeting, , 19 , and now on file in my office. Dated this day of , 19 , C� y er _ ___.. ,__..,�.,r_�..._...�.._.�.�,.� �� _______ - C�;�=,������ A_G �_l�_� _A_M_A_T_E_R_I_A_L_S �OUNCIL ID�� ��7 DATE RECEIVED �7 / / � AGENDA DATE AGENDA ITEM �� SUBJECT _/��� C��2.-e���t.� �� . � � � G � ORIGINATOR ..�����-�-� � �����-�� CONTACT Z - � �L/ �jL ��Z � y RESEARCH STAFF ASSIGNED ��` DATE SENT TO CLERK �� COUNCIL ACTION MASTER FILE INFO AVAILABLE �,� / z\ J ORD'/RESOL. �� � DATE FILE CLOSED � a