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.
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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.
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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.
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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.
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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
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