280670 WHITE - C�TV CLERK
PINK - FINANCE G I TY OF SA I NT PA LT L Council �'����'���
CANARV - DEPARTMENT [�
BLUE - MAVOR File NO.
Co ncil Resolution
,.
Presented By
''Referred To �J�/�}N�� Committee: Date �—/'Z��
O�t of Committee By Date
WHEREAS, The Department of Transportation of the State of Minnesota has
submitted to the City of St. Paul an Agreement for the main�enance of Trunk
Highways within the corporate limits of the City of St. Paul.
BE IT RESOLVED� That the proper City officials axe hereby authorized and
directed to enter into the Routine Maintenanee Agreement No. 1955, a copy of
which is attached hereto and incorporated by reference with the Department of
Transportation of the State of Minnesota for the ma,intenance of Trunk Highways
within the corporate limits of the City of St. Paul.
COUNCILMEN
Requested by Department of: �
Yeas Nays
Fietcher Public Works
nnasanz In Favor �
Nicosia
Scheibel � _ Against BY
Tedesco Do2lald E. Nygaard, o
wilson
Adopted by Council: Date
JUL 2 8 1983 Form Approved by y Attorney
Certified a.se Council S ret BY ��/
By
E\pprove ;Vlavor: Date JUL 2 9 �95� Ap by May f u sinn to Council
sy _ _
PUBLISNED AU G 6 1983
��
������. ��
MINNESOTA .DEPARTMENT �F TRANSPORTATION
. '
n ROUTINE MAINTENANCE AGREEMEfJT
PREPARED BY AGREEMENT N0.
OFFICE OF h1AINTENANCE
1995
AGREEMENT BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ST. PAUL
FOR
Routane maintenance of certain portions of trunk highway(s) within the corporate
limits of the City of St. Paul upon the terms and conditions set forth in this
agreement.
F:
AMOUNT ENCUMB.
$347,170.25
Per Fiscal Year)
July 1 , 1983-June 30, 1985
� � �������
Maintenance Agreement No. ]995
Maintenance Agreement between the
State of Minnesota and the
City of St. Paul
Trunk Highway(s) in St. Paul
A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the State of Minnesota,
acting by and through its Commissioner of Transportation, hereinafter referred to
as the "State", and the City of St. Paul , hereinafter referred to as the "City",
WITNESSETH:
Whereas pursuant to Minnesota Statutes, Chapter 161 .38, subd. 3 (1976), the
parties desire to enter into an agreement relating to the maintenance of trunk
highway(s) within the corporate limits of the City upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:
I
The City will maintain those portions of the trunk highway(s) within the
corporate limits of the City particularly described as follows, to-wit:
Trunk Highway No. 5 The following 5.32 miles of trunk highway consisting
of 26.03 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Control Section 6201 ; beginning at Wheeler Avenue and
. West Seventh Street; thence northeast on West Seventh
Street to Wabasha Street; thence east on Eighth Street
to Robert Street (T.H. 52); westbound via Ninth Street
between Robert Street and Wabasha Street; and the
following 1 .05 miles of trunk highway consisting of
6.43 equivalent lane miles and designated in the Minne-
sota Department of Transportation records as Control
Section 6228; beginning at Robert Street and Eighth
Streets eastbound on Eighth Street to Jackson Street
and south on Jackson St. to Seventh St.; thence east
on Seventh St, to Mounds Blvd.; Westbound will begin
at Mounds Blvd, and run westerly along Seventh Street
to Sibley Street, thence northwesterly via Sibley &
Jackson Streets to Ninth Street; thence westerly on
Ninth Street to Robert Street; also the following
�^ � o
. �'!'��R�a�
(T.H. 5 continued) 3.04 miles of trunk highway consisting of 9.12 equivalent
lane miles and designated in the Minnesota Department of
Transportation records as Control Section 6229; beginning
at Seventh Street and Arcade Street, then easterly on
Seventh Street to Minnehaha Avenue; thence easterly on
Minnehaha Avenue to the east city limits. . ... .... . . .. .. .
..... ...... ...... . . ..........41 .58 Equivalent Lane Miles
Trunk Highway No. 12 The following 0.15 mile on Eleventh and Twelfth Streets
between Jackson and Robert Streets is equivalent 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 f ollowing 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 junction with Trunk
Highway No. 149; thence westerly 0.39 mile on the south
line of Ramsey County. ...... . .. . . ...... . . . .. .
...... . . . .. .. . ... .. .... . ......1.01 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.. .. .. .... ..... ........... ..... ....... ....
. .... . ..
........ ......... .. ...........9.91 Equivalent Lane Miles
Trunk Highway No. 51 The following 6.11 miles of trunk highway consisting of
32.53 equivalent lane miles, and designated in Minne-
sota Department of Transportation records as Control
,Section No. 6215; beginning at the North City Limits
and Snelling Avenue; thence south on Snelling Avenue
to Montreal Avenue, thence east on Montreal Avenue to
West Seventh Street. . ....... ... . ... . . .. . .. . .
.. . ... ... ... .. ... . . . . .. .....32.53�Equivalent�Lane Miles
Trunk Highway No. 52 The following 2.46 miles of trunk highway consisting of
10.07 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 Trunk Highway 35E); also the following 0.61
mile of trunk highw ay consisting of 2.68 equivalent
lane miles, and designated in the Minnesota Department
of Transportation records as a portion of Control
Section No. 6217; beginning at Eleventh Street and
Robert Street; thence north and northwest on Robert
Street to University Avenue; thence on University
Avenue to Rice Street, and the following 5.20 miles
of trunk highway consisting of 39.00 equivalent lane
, � . ��'�������
(T.H. 52 continued) miles, 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......
...... .. ........... .... ... . . .51 .75 Equivalent Lane Miles
Trunk Highway No. 56 The following 0.81 mile of trunk highway consisting of
3.40 equivalent lane miles, and designated in the Minne-
sota 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 T.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 Minne-
sota Department of Transportation records as Control
Section No. 6221 ; beginning at the Junction of Inter-
state 94 and Mounds Boulevard; thence northwest on
Mounds Boulevard to East Seventh Street to Arcade
Street, thence north on Arcade Street to the North
CityLimits. ................. ..... ....... . ... ....... ...
............... .......... ....13.73 Equivalent Lane Miles
Trunk Highway No. 149 The following 1 .52 miles of trunk highway consisting of
5.07 equivalent lane miles, and designated in the Minne-
sota Department of Transportation records as Control
Section No. 6223; beginning at West Seventh Street and
Smith Avenue; thence on Smith Avenue to the South City
Limits. . . .. .. ...................... .... .. ..... ... .... .. .
.. ...... .. .. ............. .. ...5.07 Equivalent Lane Miles
Legislative Route The following 1 .73 miles consisting of 7.30 equivalent
Number 108 lane miles; and designated in the Minnesota Department
of Transportation records as Control Section No. 6228;
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
Total... ....... ....... ......167.59 Equivalent Lane Miles
Together with all pedestrian and roadway bridges over
all freeways, expressways and aforesaid highways.
Tota1 . ... .. ...... .... ..... ... .7.66 Equivalent Lane Miles
Grand Total .. .. . . .. .. . ... . . . . .
. . .
. ... . . . . . . . . . . . . . . . .
" .. . . .. . .. . . .. .. .. .. . . . . . . . ..175.25 Equivalent Lane Miles
. � . - . . � - ������
II
The maintenance to be performed by the City on the aforesaid trunk highway(s)
shall consist of the following:
(a) Maintain the aforesaid portions of trunk highway(s) so as to keep the
same smooth and in good repair for the passage of traffic and free from all
obstructions and impediments to traffic. This said maintenance shall include all
necessary preventive maintenance to preserve the roadbed 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 roadbed.
(b) Keep the aforesaid portions of trunk highway(s) reasonably free and clear
from ice, snow, and debris all months of the year and undertake proper ice and snow
control expeditiously.
(c) Perform all necessary mowing of vegetation within the right of way limits
that may be required on the aforesaid portion of trunk highway(s) to keep them in
a presentable condition.
(d) Maintain traffic control devices and signals, and place and provide such
roadway markings and lane striping as may be necessary on the aforesaid portions
of trunk highway(s), except that the State will place, install and maintain at all
times suitable route markers, for the guidance of traffic on such trunk highway(s).
(e) Furnish 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 aforesaid trunk highway(s) shall be jointly inspected periodically and
at least quarterly by the District Engineer, or Area Maintenance Engineer, or
their authorized representative and by the City Engineer to review the adequacy
of the maintenance work which has been 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 of such work, the parties will enter into a separate agreement
therefore.
V
All materials used by the City in the performance of the work hereunder
shall conform to the requirements of the Minnesota Department of Transportation
Standard Specifications for Highway Construction, 1978 Edition.
� � . � . �����'��
VI
The State will pay to the City the sum of One Thousand Nine Hundred Eighty
One Dollars ($1,981.00 per Equivalent Lane Mile Per Y�ar (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 herei'nbefore set forth on the trunk highway(s) as hereinbefore
particularly set forth. 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 1, April 1 and July 1 as may be
possible, upon the submission by the City to the State of a detailed cost analysis
listing all labor, materials and equipment used during the quarter and a certificate
in triplicate, approved by the Area Maintenance Engineer of the State, certifying
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 said highway�s� within its corporate limits at
such time as it becomes necessary for the performance of the services under this
agreement, and in cases of emergency, where it is required, such 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 said 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 Comnissioner of Transportation ten (10)
days written notice and obtain a permit before commencing or allowing commencement
of such installation or repairs. However, the City shall not cause any portions
of said highway(s) which it is to maintain hereunder 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 shall provide a suitable detour during such time.
VIII
Upon a change in the routing of said highway(s), or any substitution of a
new route for any above described, or upon any variation whatsoever from the
present location of said highway(s) by the State, the City shall maintain the
new highway(s) in accordance with this agreement during such period of substitu-
tion and shall be paid therefore the amount to which it is entitled in accordance
with the terms of this agreement to be determined by figuring the lane mileage ,
of the new routes and paying for maintenance thereof the sum of One Thousand
Nine Hundred Eighty One Dollars ($1,981.00) per Equivalent Lane Mile Per Year
for such mileage, including fractions thereof, for the term of this agreement and
'prorated according to months of use. Should any portion of the above described
highway(s) be relocated by the State, and the present location revert to the City,
the City will maintain that portion at its sole expense.
� . � �'r �����
. .,�,�
IX
Upon the failure of the City to perform any of the work named herein under
the terms of this agreement, then the Commissioner of Transportation may do and
perform such wprk or cause it to be done and performed, and may retain from any
monies then due to the City under this agreement, or thereafter becoming due,
any such amount as is required for the completion of such 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 Corrmissioner of Transportation 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, then the City will 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 such highway(s) are
employees of the City or of third persons and in no way�employed by the State,
provided, however, that this clause shall not apply to persons employed directly
by the Department of Transportation. All contracts and agreements made by the
. City with third parties for the performance of any work to be done under this
agreement shall be subject to the terms of this agreement.
XI
The parties do further agree, anything to the contrary herein notwithstanding,
that neither the Comnissioner of Transportation of the State of Minnesota, nor his
authorized representative, in their individual or official capacity, shall not be
personally responsible or liable in any manner to the City for any claim, demand,
action, or causes of action of any kind or character arising out of or by reason
of the execution of this agreement for the negligent performance and completion
of the work provided for herein or arising out of any contract let by the City
for the performance of any of the work provided for herein.
XII
This agreement shall remain in full force and effect f rom July 1 , 1983, thru
June 30, 1985, subject to the legislature providing sufficient appropriations for
this agreer�ent for each fiscal year during the term of this agreement. This
agreement may be terminated or supplemented to meet changing conditions at any
time during its effective term by mutual agreement of both the State and City.
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 or to continue
services under the new cost estimates.
. _ � . �!�����a��
xiv
The provisions of Minnesota Statutes, Chapter 181.59, and of 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
This agreement shall not be construed as a relinquishment by the Corr�nissioner
of Transportation of any powers or control he may have over the hereinbefore
described streets or highway(s).
' � ' r . „��������
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:
Mayor
Director of Public Works
Approved as to Form and Execution by:
irector of Finance & Management Services
Assistant City Attorney (CORPORATE SEAL)
DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA
Recommended for Approval:
By:
Assistant Commissioner -
- By. � . � Operations
District Maintena ce gineer
Date:
. Approved:
By:
District Engineer
COkIMISSIONER OF ADMINISTP.ATION
By:
Assistant Division Director By:
Operations Authorized Signature
Date:
Approved as to Form and Execution:
BY=
Special Assistant
Attorney General
. • • � �
Public Works _ DEPARTt,1ENT s� ���,���Q
Al Shetka -�'ONTACT
292-6676 PHONE ���� �� .
Jurie 7, 1983 DATE
(Routing and Explanation Sheet)
Assi n Nurr�er for Routin Order Cli All Locations for M oral Si nature : RECEIVED
��'�'
� J� �. 3 JUN 2 0 �g�
Ci ty Attorney g��� n � ��D,�,
me t/Mayor dwd� � � CITY ATTORNEY
Fi nance and Managemen rvi ces Di rector RECEIVFD ._..�..
4 City Clerk -"
Budget Di rector �i�l� � ^ �F•�;�`�:"�
OFFICr �r 7H'_ �i�i�_I���nR
�EPaR_�.;.^�_=r�T n� -r+��a,,, F
AND MANAtz�t�i�N( SERvICES
�Ihat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):
The attached resolution will authorize the City to enter into an agreement with the
Department of Transpox•tation of the State of Minnesota for the maintenance of
Truxik Iiighways within the corporate limits of the City of St. Paul.
Financial , Budgetary and Personnel I�acts Anticipated:
The City will be paid $3�+7,170.25 per year. This is an increase of 5.7°� over the
previous 1981-83 agreement. The agreement will be effective from Jul,y l, 1983 through
,Turie 30, 1985.
Funding Source and Fund ActivitY Number Charged or Credited:
....�.
Payment will be made to the City quarterly
D
Attachments (List and Number all Attachmentsl :
JUN 2 81g83
Resolution
Copy of Agreement COUNCILMAN
JAMES SCHEIgE�
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
X Yes No Council Resolution Required? Resolution Required? Yes No
Yes � No Insurance Required? Insurance Sufficient? Yes No
Yes � No Insurance Attached?
Revision of October, 1982
(See Reverse Side for 'Instructions)
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`. .. CONIMIT"� � E � E POR .
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-� p : Sain� Paul City Cour�ci! .
• N�.ANAGEMENT, PER50NNEL
�R �� � COC�IC�1I���� Oh FINANCE, . • . 1
COUNCILMAN SCHEIBEL . I
. . . � �E��'UA'fE: Juiy�21, 1983 . � _
• ' T� . : � 1:3U p.m.. . . .
. . pL'qCE , : Room 7Q7 City. Hall � �
� � l? � 1 V � �. � - . -
' , _ .
l, ppproval of minutes ;rom meeting �held Juiy I49� 1983. Approved 2-0 .
':
" 2. Resolution authorizing agreement with Depaxtment of Transpoxtation of
� the State of hiinnesota fox the maintenance of trunk high�aays �vithin the
corp.orate limits of the City of St: Paul. (Public Woxks) Approved 2-4
3. Resolution amending the Civi1 Service Rules "concerning Class Specifica--
tions. (Personnel� Laidover ,
- '4. Ordinance amending Sections 33.Q4 and 370.16 of �the St. Paul Legislative
� Code. � (Community Services) Ordinance withdrawn by Thomas Kelley�
S. Resolution approving budget transfex to amend 1983 Budget to prov.ide ' .
additional salary appropriation� to meet 1�83 negotiateil increase
requested by Budge.t Officeg Approved 2-0 - .
6. Presentation: Contract language regarding interconnection of Tri-Council
units �rith A.C.C. settlements, passed and present applications. (Personnelj .
7. Discussion of salary adjustments fox appointed city officials. ' �
SA1NT PAUL rs1�N��T� SSIO:
CITY�i�Y�ALL SEV�3��t���QO� SA1N1'Pi1UI.,�iS\��OT�� SSJO'_
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