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277029 WHITE - CITY CLERK . ��n(�n PINK - FINANCE 1��Y CANARY - DEPARTMENT G I TY O F SA I NT PA U L COUIICII ti �f�`�t� � BLUE - MAYOR � File N 0. Co n ' es lu 'on Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul dces hereby authorize and direct the proper City officers to execute Routine Maintenance Agreement No. 1938, between the City of Saint Paul and the State of Minnesota, Department of Transportation, covering the City's maintenance of trunk highways within the corporate limits of the City of Saint Paul. A copy of said ag reement is attached hereto and incorporated herein by reference. COUNCILMEN Requestgd by Department of: Yeas Nays Hunt ��h 1 i r Wnrlce Levine �II F8V0[ /r'1Ca�Lt.�G _ n� Maddox t�/ ��� � McMahon �r By Q j � s�,o�ite� Against p�ald E. N aard ctor JE/R dll T�desco Y9 . '�°" 3 1981 JUN 2 Form Approve City orne Adopted by Council: Date — Certifie • �sed by C nc� c ary BY � JUN 2 4 1961 Approv Mayor for Su ;S o� t to����� ' Ap r ed by l4layo — By BY PUBLISHED ,IUL 31 , � � � � �'���q. MINNESOTA DEPARTMENT OF TRANSPORTATION . ROUTINE MAINTENANCE AGREEMENT PREPARED BY AGREEMENT N0. OFFICE OF MAINTENANCE • - 1938 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. PAUL FOR � Routine 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. ' � AMOUNT ENCUMB. $316 593.75 Per. Fi scal Year) .. . . �`��,?q Maintenance Agreement No. 1938 Maintenance Agreement between the State af Minnesota and the � City of St. Paul Trunk Highways(s) in St. Paul � AGREEMENT 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 5.23 miles of trunk highway consisting of 24.54 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 6.12 equivalent lane miles and designated in the � Minnesota 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 .. •, F�r � I 0.J�rL+�.] (T,H. 5 continued) following 3.02 miles of trunk highway consisting of 9.29 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. . . . . ....... .. ... . ...... .... .. .. ..39.95 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 6280 (I-35E). ,�.:..... ... ...... .. .. .. .. ....1 .31 Equivalent Lane F�iles Trunk Highway No. 13 The following 0.39 mile of trunk highway consisting of 1 .04 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. 49; thence westerly 0.39 mile on the south line of Ramsey County. . ... .. .. .. . . .. .... . ... .. .. .. .. .. . . ..... ... .. .. ... .... .. . .. .. .. ..1 .04 Equivalent Lane Miles Trunk Highway Pdo. 49 The following 2.48 miles of trunk highway consisting of 9.82 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. .... ... ..... .. . . .. .. . ... . . .. . . .. . . .. . . .. . . ... . . . . � .. ............ . .... .. .. .. . .. ..9.82 Equivalen� Lane Miles Trunk Highway No. 51 The following 6.11 miles of trunk highway consisting of . 35.06 equivalent lane miles, and designated in P4inne- 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.. ... .. .. .. .. . . . . .... .... .. ... .. . .. . . .......... .. .. ...... .. .. .. .. .35.06 Equivalent Lane Miles Trunk Highway Pdo. 52 The following 2.56 miles of trunk highway consisting of 10.52 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section PJo. 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 0.51 mile of trunk highway consisting of 2.60 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 39.24 equivalent lane . I (T.N. 52 continued) miles, and designated in the Plinnesota 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. . . .. . .�...,. .�.......... .. . ... .. ..52.36 Equivalent Lane Miles Trunk Highway No. 56 The following 0.81 mile of trunk highway consisting of . 3.36 equivalent lane miles, and designated in the Minne- sota Department of Transportation Records as Control - Section Pdo. 6219, beginning at the South City Limits and Concord Street; thence northwest on Concord Stree,t - to Lafayette Street... .. ..... .. .. . ..... .. ... . .. .. .. . . .. . ..l ,,.. .R.... ..... . .. .. ...... .3.36 Equivalent Lane Miles Trunk Higharay No. 61 The following 3.32 miles of trunk highway consisting of 14.66 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 (near Bates Avenue) ; thence northwest on Mounds Boulevard to East Seventh Street to Arcade Street, thence north on Arcade Street to the North CityLimits....... .... ..... . .. .. .. .. . . .. . . .. . ... .. . . . . . � .�.�.�. .. �.. ... ...... .. ......14.66 Equivalent Lane Miles Trunk Highway No. 149 The following 1 .52 miles of trunk highway consisting of 4.32 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. ..... .... . ... .. . .. .. .. .. .. .. .. .. . . ...�. . ... . . . .. . . ..�.., .. �... ... .. ... .. . .. . ... .4.32 Equivalent Lane Miles Unmarked Trunk The following 1 .61 miles consisting of 9.29 equivalent Highway No. 212 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 West end of the Mississippi River Bridge...... .. ..... .. .. .. .. .... .. .. .. .. .... .. . . .. . ................. ... ... .. .. ...9.29 Equivalent Lane Miles Grand Total ............ .... ... ... .... ... . .. . .... ..... ... ' ....��,�...... ..... .... .... .168.85 Equivalent Lane Miles Together with all pedestrian and Roadway bridges over � aforesaid highways and all freeways and expressways. 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 mov�ing of vegetation Yrithin 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 v�ork hereunder � shall conform to the requirements of the �1innesota Department of Transportation Standard Specifications for Highway Construction, 1978 Edition. { i i , i VI The State will pay to the City the sum of One Thousand Eight Hundred Seventy Five Dollars ($1 ,875.00) 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 furnishi�g of materials as hereinbefore 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 h�s 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 X �•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 trav�l said ; ry highway(s) at such time as it is necessary for the repair or installation of water �� �o r gas ma ins, e le c tri c or te l ep hone ca b les, or sewers, bu t excep t in ex traor dinary �u circumstances, the Cit y shall first give the Commissioner of Trans portation 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. �III 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 therefor 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 Eight Hundred Seventy Five Dollars ($1 ,875.00) 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. - _ , _ ,:. _ . - _ ,. . __ . _. � • ' ' ���f'�iRl f E IX � � Upon the failure of the City to perform any of the work named herein under 4 the terms of this agreement, then the Commissioner of Transportation may do and perform such work 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 Commissioner 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 y � 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 Departmen� 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 Commissioner of Transportation of the State of Minnesata, 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 from July 1 , 1981 , thru June 30, 1983, 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 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. ,. � � . �'��?� XIV . � The provisions of Minnesota Statutes, Chapter 181 .59, and of any applicable � local ordinance relating to civil rights and discrimination sha�l be considered , � a part of this agreement as if fully set forth herein. " ; x Xv . f This agreement shall not be construed as a relinquishment by the Commissioner of Transportation of any powers or control he may have over the hereinbefore ; described streets or highway(s) . '. � � t i i . � f i t 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� P1ayo r Director of Publ Jorks Approved as to Form and Execution by: , - Director of Fi ance & Management Services C��� � : GGOOO /US 53I��/ ' � /� ��3io �ii� o�Z.�/ � (CORPORATE SEAL) As i t "t ��t�y ��orney � DEPARTM NT OF TRANSPORTATION STATE OF MINNESOTA ' ; . ' k Recommerided for Approval : By: ° Assistant Commissioner - ; . �� Operations ' By: �� � �� , �� Area t�aintenan e gineer � � Date: . � i . By• Approved: District Engineer __ COMMISSIONER OF ADMINISTRATION By: Assistant Division Director By' Authorized Signature Operations . Date: Approved as to Form and Execution: _ � �. By: � Special Assistant , Attorney General ; . � i ( ( 4 ' ~ , • • ' rG►! ! �1�� Rev01 : 9f$/7G5 ' Rev. : 5/7/f30 • • EXPLA�1!,1Ti0N 0� ADMIPJISTRATIVE ORDERS, t?e��. : 4/��/$1 RES�l.UT10NS AND ORDINANCES DATE: May 26, 19�51 � �� � r0: Mayo r Geo rge �at i me r — 1981 FROM: `�U Thanas J. Eggum, Public Works Office Engineer . � YORS OFF RE: Minnesota Department of Transportation - 1982/19�3 Routine Maintenance Agreement No. 193�• ` ACTION REQUESTED: Under this ag�eement the State wouid pay the City for the crty�s REGEIVEI� maintenance of certain trunk highways. JUN 1 2 1981 PURPOSE AND RA710NALE FOR THIS ACTtON: �-- MAYORS OFFICE � The trunk highways listed in the agreement are within the City � Limits and are maintained by City Forces. . FINANCiAL IMPACT: . The City will be paid $316.593•75 per year. This is based on a rate of , 51,�75.00 per equivalent lane mile multiplied by 16�f.�35 equiwalent lane miles. The agreement wiil be effective from July 1 ,,-19�f1 thru June 30, 19�3- Pay�nents will be mede to the C�ty quarterly a�d �].l be cr+edited as follaws: $105,531.24 f3erieral I�ewa�ue -02271 � $211,062.51 Su�aer Street Mni�tet�at�oe -42310 ATTACHMEtV7S: 3 copies of agreement for signature . � —_ �. . TJE:RAH:dI .