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268932 WHI7E - CITV CLERK . . COUACll J�,1�.jL_ PINK - FINANCE - GITY OF SAINT PAUL Iy' lJ - CANARV - DEPARTMENT �,J/'� � BLUE► - MAVOR File NO. � � � Resolution r , Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the City of Saint Paul and the Metropolitan Transit Area have jointly prepared a proposal to the Urban Mass Transportation Ac7niinistration to demonstrate an automated people mover system in Saint Paul; and WHEREAS, the Urban Mass Transportation Administration has selected Saint Paul as one of four sites, nationwide, for the demonstration; and WHEREAS, the City of Saint Paul and the Metropolitan Transit Commission desire a comprehensive preliminary engineering study to deter- mine the benefits of implementing a downtown people mover system; and WHEREAS, the City of Saint Paul and the Metropolitan Transit Commission wish to jointly participate in the preparation of a pre- liminary eng ineering study; and WHEREAS, the Council of the City of Saint Paul has on April 5, 1977 approved the report titled "Project Description and Scope of Work for Preliminary Engineering and Related Activities, Saint Paul Downtown People Mover Demonstration" (C.F. 268848) ; and WHEREAS, the Council has reviewed the proposed Joint Powers Agree- ment between the City of Saint Paul and the Metropolitan Transit Area for the conduct of a preliminary engineering study of the Downtown People Mover Transit System; NOW THEREFORE BE IT RESOLVED, that this Council does authorize the proper City officials to execute the agreement between the City and the Metropolitan Transit Area; COUNC[LMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt Levine __ Against BY Roedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary- BY By Approved by A�layor: Date _ Approved by Mayor for Submission to Council BY BY WHI7E — CITV CLERK COURCII ���7� PINK — FINANCE G I TY OF SA I NT PA LT L CANARV — DEPARTMENT � BLUEc — MAYOR File NO. � � . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED: The Mayor of the City of Saint Paul is authorized, pursuant to the agreement, to concur on behalf of the City in the selection of and contracting with third party consultants to be hired by the Metropolitan Transit Authority. COUNCILMEN Yeas Nays Requested by Department of: Butier � Hozza . [n Favor Hunt Levine �___ Against BY Roedler �� Tedesco Adoptecj-by Council:�� Date APR 2�� �977 Form Approved by City Attorney - �,,. Cetfified P�s y Cou cil etary / / BY �� By Appr v Nlavor: Date �' APR 2�rJ �9rI Approved by Mayor for Submission to Council By BY �UBLIS�ED APR � '� 1�7? 2 � � � � . � JOINT POUFERS AGREEMENT DO��TIVTOW� PEOPLE-MOVER TRANSIT SYSTEM PRELTMINARY E1�GINEERING THIS AGREEMENT, made and entered into this 6th day of May , 1977, by and between the Metropolitan Transit Area, a public cor�oration and political subdivision of the State of P�iinnesota, acting by and through its governing body, the Metropolitan Transit Cammission, hereinafter referred to as "MTC" , and the City of Saint Paul, a municipal corporation in the State of Minnesota, hereinafter referred to as the "City" , WITNESSETH: WHERLAS, the City and the MTC cooperatively prepared and sub- mitted a proposal to the Urban Mass Transportation Administration, hereinafter referred to as "UP�TA" , to demonstrate the benefits of fully automated people mover s�stems in downtown areas; and , WHEREAS, the UMTA has selected the City as one ot four sites , nationwide, for the demonstration of a downtown people mover system, hereinafter referred to as "DPM" ; and WHEREAS, the City and the MTC have each included the sum of One Hundred Fifty Thousand Dollars ($150,000 . 00) in their 1977 budgets for their share of conducting �the preliminary engineering phaseof the DPNi; and WHEREAS, the contributions by the MTC and the City wi11 be matched by funds administered by UMTA in the amount of One Million Two Hundred ihousand Dollars ($1,200,000 .00) for the conduct of -. the preliminary engineering phase of the DPM; and WHEREAS, the City and the MTC, pursuant to Minnesota Statutes, Section 471. 59 , have legal authority to enter into this Agreement, and to do and perform the things herein agreed. NO��, THEREFORE, 'in consideration of their mutual covenants, the City and the MTC agree as followss l. Term - This agreement shall take effect upon execution by both parties and remain in effect until March 31, 1978, or until completion of the preliminary engineering phase as described in Paragraph 2, whichever is earlier. 2. Scope of Work - Attached hereto, and made a part of this agreement as "Exhibit A" , is the project description and scope of work for the preliminary engineering phase of the Downtown People Mover System. . 3. Policy - Establishment of policy guiding the project shall be the joint responsibility of the MTC`s Transit Development Committee and the City's Development and Transportation Committee. 4. Steering Committee - A steering committee shall be established to direct the preliminary engineering phase, and implement policy directed pursuant to Paragraph 3 herein. This committee shall consist of the chairman of the MTC, the Mayor of St. Pau1, the chairman of the Commission' s Transit Development Committee, the Presic3ent of the City Council, the Chief Administrator of the P�TC, and the Chairman of the Metropolitan Council . 5. Revisions - Any revisions. to the project description and scope of work for the preliminary engineering phase shall be by mutual agreement of the parties. -2- 6. Project Directors - A project director shall be apgointed by the P•ZTC and a deputy project director shall be appointed by the City. An associate director may be appointed by the Minnesota Department of Transportation if it so desires. 7. Project Directors ' Duties - The project director and deputy project director shall assume such duties as may be designated by the Steering Committee. a . Grant Recipient - The MTC as the duly recognized transit authority for the Metropolitan area shall be the grant recipient and primary contact with the UMTA. The MTC shall insure compliance with UMTA regulations and requests for the conduct of the preliminar�r engineering phase. 9 . Guideway Specifications - The MTC, shall have the responsi- bility for the preparation of the specifications relating to the guideway and vehicle system. 10. Station Specificat�.ons - The City shall have the responsibility for the preparation of the specifications relating to the station development and construction and shall have the responsibility for station location. 11. Consultants - There shall be consultants selected by the parties for the conduct of the preliminary engineering phase• The staff recommendations on consultants shall be from the party having primary �'esponsibility for that aspect of the project for which the consultants are to be hired. The chief administrator of the MTC shall submit final staff recommendations on consultants for selection by the MTC. The administrator' s f.inal report to the MTC � shall not be submitted without the written concurrence by the Mayor of the City. -3- 12 . Tnird Party Contracts - The MTC shall be the contractar ���ith all third party consultants selected for the project. Ho�aever, no third party consultant contracts shall be let without the written approval of the Mayor of the City. The Mayor shall have seven (7) days from the receipt of such contracts to review and respond to the MTC. 13. Consultant Information - Upon request, both parties shall make available any and all information and data to the selected consultants necessary for the performance of specified tasks and as may be requested by the UMTA. 14 . Reportin�/Review - The party having responsibility for a component of the system shall submit progress reports to the other party when requested to do so. Officials and staff of the MTC and the City shal.l at all times during the conduct of the preliminary engineering phase be afforded the opportunity to review any of the work being performed by consultants or staff. Nothing herein shall be construed to limit the rignt of any person, at reasonable times , to inspect, examine, abstract or copy any public records in the custody of the MTC or the City relating to this project. 15. Funding - The MTC and the City shall each provide an amount not to exceed One Hundred Fifty Thousand Dollars ($15a,000 .00} in cash or in services for the conduct of the preliminary engineering and related activities. Said contributions shall be used for the benefit of the entire project without regard to the allocations of responsibility for the component parts thereof. To the extent that either party provides services in lieu of cash, that party shall receive credit for its services at its standard rate or at a rate - acceptable to the other party. -4- 16. Data Ownership - The ownership of the data collected dur- ing the preliminary engineering phase, together with the summaries , diagrams, maps, charts, reports and other data, shall be vested with the MTC. The City shall, at all times, have access to and receive copies of such data, summaries, diagrams, maps, charts, and reports as it requests . 17. Termination - If the agreement is terminated, the parti.es each mutually agree to pay ten percent of the project costs actually incurred up to the termination date and ten percent of any costs associated with the termination, the remaining 8Qo of termination costs to be paid by UMTA. 18. UMTA Funding - In the event UMZ`A withdraws its funding contribution for the DPM prior to the completion of the preliminary engineering phase, either party, subject to the termination costs provisians of paragraph 17 and upon written notice to the other, may terminate this agreement. 19. Civil Rights - The provisions of Minnesota Statutes 181. 59 and any and all local ordinances which relate to civil rights and discrimination shall be considered a part of this agreement as if set fully herein. � 20. Reservation of Powers - It is agreed that neither party relinquishes or waives any of the responsibilities or powers imposed upon it by law or regulation by the execution of this agreement. 21. Scope of Agreement - It is expressly agreed that neither narty intends this agreernent to authorize construction for the implementation phase of the DMP proposal, but is strictly limited - to the conduct of the preliminary engineering phase thereof. -5- 22. Execution - This agreement shall be valid and effective only when signed by the duly authorized officials of the P�TC and the City, which officials , by their signatures, shall thereby certzfy that the financial commitment provided herein has been encumbered. IN WITNESS WH�EREOF, the parties have caused this agreement to be executed by their duly authorized representatives as of the first day written above. Approved as to form: CITY OF SAINT PAUL t ��-�--L_�i;%��ia��� istant City Attorney M r �� ���� Director, F ance and Management Servic � � City lerk METROPOLI A TRAN COMMISSION � � Chief A 'nistrat r Chairman o t e M L. ��,�/L.C�,�/� � �,�� � irector of Finance and Administration for the MTC -6-