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01-7130 R I G i N A L Council File # 0 �� 3 RESOLUTION Green sheet # 110458 CITY OF SAINT PAUL, MINNESOTA 19 n _ . Presented By Referred To Com Date '� WHEREAS, the City of Saint Paul has approximately 27.12 miles (130.50 equivalent lane miles) of clesignated trunk � highways Iocated within the Saint Paul city limits which require annual routine maintenance, and 3 WHEREAS, a two year Trunk Highway Routine Maintenance Agreement Number 81724 effective from July 1, 2001 4 through June 30, 2003 has been negotiated between the City of Saint Paul and the State of Minnesota which details 5 the terms and Iimits of city force participation toward the routine maintenance of the trunk highway system within the 6 City of Saint Paul, and 7 g WHEREAS, by the terms of the Trunk Highway Routine Maintenance Agreement Number 81724, the Minnesota � Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $431,741.00 in Fiscal Year 2002 and 10 $444,693.12 in Fiscal Year 2003 to provide annual routine maintenance to the aforementioned trunk highway system 11 within the time limits noted, and 12 13 14 15 16 17 18 79 2(3 21 22 23 24 25 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 81724 with the Minnesota Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and direcYeclto execute said agreement. Requested by Department of: By: ��-1'_< .r—��.— Approved by Mayor: Date � �� ""'� By : /�� Public Works BY : I z�K , Thomas Eggu Dir ct r Form d by City Attorney By: Approved by Mayor for Submission to Council BY : �il /'LP� l K//�� Adopted by Council: Date � aO � Adoption Certified by Council Secretary DEPARTMENT/OFFICE/C�UNCII DATEINITIATED GREE SHEET NO. 110458 Y Public Works June 25, 2001 �A� INIiIAllDA7E CqMACT PERSON & PHONE � � CfiY COUNCIL �'► � GaryErichson 266-6229 � �8�� CIIYAITORN ❑crrvc�K ��— MUS(BEONCOUNCILAGENDABY(DA"fE) ��NG �BUDGETDIRECTOR FIN.&MGT.SERVICESDIR July 11, 2001 0 "� �$ MAYOR (OR ASS15TANn ❑ TOTAL t OF SIGNA7URE PAGES s (CLIP ALL LOCATIONS F4R SIGNANRE) � ASSOCIATE 1❑ DEPT. ACCO Mf� ACIION REQUESiED Co�u�al approval of atladied Rptine Mainterance Agreement #81724 beiween ihe Qty of SairR Paul and tlie State of Mnnesotr efrective JWy 1, 200 Jime 30, 2003. This agreemeM details tlie tertns and limifs of aty force pariidpation toward the routine mainienance of ttie trunk highway sys[em wAhm the aty IirttiLS of Sa'urt Paul. The Sha[e of Minnesota Depaitrnent of Trarsporh�iion to pay to ihe City of Saint Paul $431,741.00 for Fiscal Year 2002 ar� $444,693.12 tor Fiscal Year 20IX3 for the routine mairrtenance of fimk highvrays wdhm the city hrtufs of Sairrt Paul. FECOnnMENDA7iOrvS: npprove (A) a Rejea (ft) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUES'fIONS: PLANNING CqMMI$$ION CIVIL SERVICE COMMISSION 1. Has ihis personffrtm ever worked untler a coniract for this tlepartment? — — YES NO CIB COMMI7TEE 2. Has this perso�rtn ever been a city employee? — — YES NO — STAFF 3. Does L7is person/firtn possess a slall no[ nortnally possessed by any curren[ city — employee? D151HICTCOUNCIL YES NO SUPPORTS WHICH COUNQL OBJECTVE? �P�ain all yes answers on separate sheet and attach to green sheet ♦ INITIATING PROBLEM, ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHV): Routine mairrtenance responsibility of the trunk highway system williin llie ciry limits of Saint Paul. ADVANTAGESIFAPPRpVED: Trunk highway system within the city limits of SaiM Paul will receive routine mtintenance by one agency. . �} "° 1; i:U� pa��`,�, +g�� vV td �� DISADVANTAGE$ IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. TOTALAMOUMOF7RANSACTION$ $$76,4$4.12(iwoyearagreementtotaq COSTIREVENUEBUDGETED(CIHCLEONE) YES NO FUNDMG SOURCE State of Minnesota/DOT Trunk Highway funds ACINITY NUMBER ZZS-42310-3450,240-12005-3456,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLE/Iz 01-"1\3 MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT PREPARED BY Mn/DOT MEfRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 81724 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) and bridges within the corporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Agency: T-79 Fiscal Year: 2002 � Total Agreement Amount: $876,434.12 MAPS Contract Number: MAPS Order Number: �• ��J� Mn/DOT Budget Office: MAPS Entry — Sign afid Date (Authorized Signature) (Individual signing certifies thaf funds have been , encumbered as required by Minn. Stat § 1 Amount Encumbered First Year of Contract $431.741.00 Amount Encumbered Second Year of Contract $444.693.12 Two Year Contract: July 1, 2001 - June 30, 2003 6�-'113 Mn/DOT Agreement No. 81724 THIS AGREEMENT, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paui, acting through its City Council, hereinafter referred to as the "City " WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the map, marked Exhibit A, which is attached and incorporated into this agreement, particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Mifes, No. 5 and designated in the Minnesota Department of Transportation records as Controi Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miies of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibiey Street); thence easterly on Seventh Street to Mounds Boulevard (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 No. 6229; beginning at Severtth Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easteriy on Minnehaha Avenue to the east City limits. This description has a totai of 38.62 . Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01'Equivalent Lane Miles, No. 13 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 miie on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as o� -1�a Mn/DOT Agreement No. 81724 Control Section No. 6280. This description has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 6.11 miles of trunk highway consisting of 36.30 Equivalent Lane No. 51 Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6215; beginning at the north Ciry limits (Hoyt Avenue) and Snelling Avenue; thence south on Sneliing Avenue to Montreai Avenue; thence east on Montreai Avenue to Fort Road (T. H. 5). Includes all portions of this highway located in the corporate limits of Falcon Heights. This description has a totai of 36.30 Equivalent Lane Miles. Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southeriy on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the foilowing 0.49 miles of trunk highway consisting of 1.63 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to Piato Boulevard; thence northerly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Trunk Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Boulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a tota� of 13.73 Equivalent Lane Miles. Trunk Highway The fo�lowing 0.50 miles of trunk highway consisting of 1.90 Equivalent Lane Miles, No. 94 and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of Concordia Avenue and the • ramp from eastbound T.H. 94 to Sneliing Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Marion Street; thence easterly along . Concordia Avenue to Marion Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at 01-'1\'3 Mn/DOT Agreement No. 81724 the junction of St Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence westerly on St Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale Street; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St Anthony Avenue and the ramp from westbound T.H. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue to the junction of St Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to westbound T.H. 94. This description has a total of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 miles of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 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 Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota Department of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from southbound T.H. 280 to Territoriai Road; thence southeriy on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound T.H. 94; and the following 0.15 miles of trunk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Frankiin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue • and University Avenue; thence northerly on Cromwell Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromweil and Territorial Road; thence northerly on Cromweii to the junction of Cromweil and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway The following 2.70 miles of trunk highway consisting of 10.50 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Controi Section No. 6217; beginning at the south City limits and Robert Street; thence north and nortfiwest on Robert Street to Trunk Highway 94. This description has a total of 12.50 Equivalent Lane Miles. C�•'1�Z MNDOT Agreement No. 81724 The above roadway descriptions have a total of 122.06 Equivalent Lane Miles. Ail pedestrian and roadway bridges over all MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 130.50 Equivalent Lane Miles. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multipiied by the length of the roadway, measured in miles, divided by a standard lane width of tweive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: Maintain the roadways and bridges so as to keep them in good repair and free from obstructions and impediments that may interfere with the passage of vehicle and pedestrian traffic. Maintenance shall include ail necessary routine maintenance to preserve Yne roadbed, bridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surface, joint and crack sealing of the surface, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shail cover the entire width of the roadway and its appurtenances, such as shouiders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spaii patching, minor bridge railing repair, proper and timely sealing of cracks in bituminous surtaced bridges, removal of graffiti, minor slope paving maintenance, and sweeping of the bridge s�rface and sidewaiks, if present. 3. Keep the roadways, bridges, and pedestrian waikways reasonably free and clear from ice and snow and undertake proper cleaning and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of tra�c on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including neces`sary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transportation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk o� �t� Mn/DOT Agreement No. 81724 highways described in Section I, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before performing excavations or installing posts within the highway right-of-way. C. The City shall fumish all labor, equipment, materials, suppiies, toois, and other items necessary for the performance of the services to be provided for by the City under this Agreement D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a Vunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. If State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City will maintain the reverted portion at its sole cost and expense. II. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, miliing and overlay of the roadway surface, replacement of drainage structures and culverts, and major washout repairs. B. State shaii retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph B. State's Authorized Representative wili inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any lane ciosures or traffic restrictiorts associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of S#ate and the City shall jointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being performed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. 0 a�-'1�3 Mn/DOT Agreement No. 81724 W LANE CLOSURES AND TRAFFIC CONTROL A. The City may partially block the trunk highways and bridges for a period of time necessary for the pertormance of the services covered under this Agreement. in cases of emergency, such trunk highways and bridges may be wholly biocked and the passage of trafhc thereon prevented by the City. At no time, however, shaii the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonabiy required for performing the necessary work thereon. In the event of the total biocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or tefephone cabies, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be ciosed to traffic for any reasons other than those above set forth and in no event for a time longer than reasonably necessary to complete authorized work. C. All partial and totai ciosures of the trunk highways and bridges covered under this Agreement shall be in conformance with the current Minnesota Manuai on Uniform Traffic Control Devices. V CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, Three Hundred Eight and 36/100 Dollars ($3,308.36) per Equivalent Lane Mile, during the first year of this Agreement and the sum of Three Thousand, Four Hundred Seven and 61/100 Doitars {$3,407.61) per Equivalent Lane Mile, du�ing the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shaii be considered full and complete compensation for ali work to be performed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 2003, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2002 Fiscal Year 2003 October 1, , 2001 $107,93525 October 1, 2002 $111,173.28 January 1, 2Q02 April 1, 2002 June 30, 2002 $1 �7,93525 $107,935.25 $107,935.25 January 1, 2003 April 1, 2003 June 30, 2003 $111,17328 $111,173.28 $111,173.28 D. State's maximum obiigation during the first year of this Agreement is $431,741.00, and its maximum obligation during the second year of this Agreement is $444,693.12. State's totai obligation under this Agreement $876,434.12. � 1\7 Mn/DOT Agreement No. 81724 VI. CONDITIONS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible after the respective dates of October 1, January 1, Aprii 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis listing all labor, materials, and equipment used by the City during the quarter, an invoice for the services performed, and a certificate certifying that ail work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Aii services provided by the City pursuant to this Agreement shall be performed to the satisfaction of State, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph A, and in accordance with aii applicabie federal, state, and locai laws, ordinances, rules, and regulations. C. If the City fails to perform any of the work according to the terms of this Agreement, State may perform such work and may any payment due the City under this agreement by the amount of the labor, overhead and materiai costs incurred by the State in performing such work. Performance of such work by the State will not be construed as a waiver of the City's obiigation to subsequently perform such work, and the City will be entitled to compensation, pursuant to this agreement, for subsequent work which is satisfactorily performed by the City. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2001 through June 30, 2003 VIII. CANCELLATION A. This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. B. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding can not be continued at a levei sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination, however, the City wili be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State must provide the City notice of the lack of funding within a reasonabie time of the State's receiving that notice. 0�•'1�3 Mn/DOT Agreement No. 81724 {X. AUTt{ORIZED REPRESESJTAT4VE A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihill, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (651)582-1424, or her designee. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Public Works, City of St. Paul, 600 City Hali Annex, 25 West Fourth SVeet, St. Paul, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. If such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section VI, Paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shaii assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shaii not be construed as a relinquishment by State of any powers or control it may have over the trunk highways and bridges covered under this Agreement. XI. AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement shall be in writing, and shall be executed by the same paRies who executed the original Agreement, or their successors in office. XII. LIABILITY The empioyees and agents of the city will not be deemed to be employees of the State for any reason. ` A. Each party wili be solely responsibie for its own acts and omissions, the acts and omissions of its employees, and resuits thereof to the extertt authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shali be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of the City shail be governed by Minnesota Statutes Chapter 466. This clause shall not be construed to bar any legai remedies each party may have for the other o�.�U Mn/DOT Agreement No. 81724 party's failure to fuifill its obiigations pursuant to this Agreement B. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by viRue of performance of its own work as psovided herein. XII. WORKERS' COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. XIII. CIVIL RIGHTS The cifij must comply with the provisions of Minnesota Statutes Section_ 181.59, and any applicabte local ordinance relating to civil rights and discrimination. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shall be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years foilowing the expiration of this Agreement. XVI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. F[o] 0 R I G i N A L Council File # 0 �� 3 RESOLUTION Green sheet # 110458 CITY OF SAINT PAUL, MINNESOTA 19 n _ . Presented By Referred To Com Date '� WHEREAS, the City of Saint Paul has approximately 27.12 miles (130.50 equivalent lane miles) of clesignated trunk � highways Iocated within the Saint Paul city limits which require annual routine maintenance, and 3 WHEREAS, a two year Trunk Highway Routine Maintenance Agreement Number 81724 effective from July 1, 2001 4 through June 30, 2003 has been negotiated between the City of Saint Paul and the State of Minnesota which details 5 the terms and Iimits of city force participation toward the routine maintenance of the trunk highway system within the 6 City of Saint Paul, and 7 g WHEREAS, by the terms of the Trunk Highway Routine Maintenance Agreement Number 81724, the Minnesota � Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $431,741.00 in Fiscal Year 2002 and 10 $444,693.12 in Fiscal Year 2003 to provide annual routine maintenance to the aforementioned trunk highway system 11 within the time limits noted, and 12 13 14 15 16 17 18 79 2(3 21 22 23 24 25 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 81724 with the Minnesota Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and direcYeclto execute said agreement. Requested by Department of: By: ��-1'_< .r—��.— Approved by Mayor: Date � �� ""'� By : /�� Public Works BY : I z�K , Thomas Eggu Dir ct r Form d by City Attorney By: Approved by Mayor for Submission to Council BY : �il /'LP� l K//�� Adopted by Council: Date � aO � Adoption Certified by Council Secretary DEPARTMENT/OFFICE/C�UNCII DATEINITIATED GREE SHEET NO. 110458 Y Public Works June 25, 2001 �A� INIiIAllDA7E CqMACT PERSON & PHONE � � CfiY COUNCIL �'► � GaryErichson 266-6229 � �8�� CIIYAITORN ❑crrvc�K ��— MUS(BEONCOUNCILAGENDABY(DA"fE) ��NG �BUDGETDIRECTOR FIN.&MGT.SERVICESDIR July 11, 2001 0 "� �$ MAYOR (OR ASS15TANn ❑ TOTAL t OF SIGNA7URE PAGES s (CLIP ALL LOCATIONS F4R SIGNANRE) � ASSOCIATE 1❑ DEPT. ACCO Mf� ACIION REQUESiED Co�u�al approval of atladied Rptine Mainterance Agreement #81724 beiween ihe Qty of SairR Paul and tlie State of Mnnesotr efrective JWy 1, 200 Jime 30, 2003. This agreemeM details tlie tertns and limifs of aty force pariidpation toward the routine mainienance of ttie trunk highway sys[em wAhm the aty IirttiLS of Sa'urt Paul. The Sha[e of Minnesota Depaitrnent of Trarsporh�iion to pay to ihe City of Saint Paul $431,741.00 for Fiscal Year 2002 ar� $444,693.12 tor Fiscal Year 20IX3 for the routine mairrtenance of fimk highvrays wdhm the city hrtufs of Sairrt Paul. FECOnnMENDA7iOrvS: npprove (A) a Rejea (ft) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUES'fIONS: PLANNING CqMMI$$ION CIVIL SERVICE COMMISSION 1. Has ihis personffrtm ever worked untler a coniract for this tlepartment? — — YES NO CIB COMMI7TEE 2. Has this perso�rtn ever been a city employee? — — YES NO — STAFF 3. Does L7is person/firtn possess a slall no[ nortnally possessed by any curren[ city — employee? D151HICTCOUNCIL YES NO SUPPORTS WHICH COUNQL OBJECTVE? �P�ain all yes answers on separate sheet and attach to green sheet ♦ INITIATING PROBLEM, ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHV): Routine mairrtenance responsibility of the trunk highway system williin llie ciry limits of Saint Paul. ADVANTAGESIFAPPRpVED: Trunk highway system within the city limits of SaiM Paul will receive routine mtintenance by one agency. . �} "° 1; i:U� pa��`,�, +g�� vV td �� DISADVANTAGE$ IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. TOTALAMOUMOF7RANSACTION$ $$76,4$4.12(iwoyearagreementtotaq COSTIREVENUEBUDGETED(CIHCLEONE) YES NO FUNDMG SOURCE State of Minnesota/DOT Trunk Highway funds ACINITY NUMBER ZZS-42310-3450,240-12005-3456,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLE/Iz 01-"1\3 MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT PREPARED BY Mn/DOT MEfRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 81724 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) and bridges within the corporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Agency: T-79 Fiscal Year: 2002 � Total Agreement Amount: $876,434.12 MAPS Contract Number: MAPS Order Number: �• ��J� Mn/DOT Budget Office: MAPS Entry — Sign afid Date (Authorized Signature) (Individual signing certifies thaf funds have been , encumbered as required by Minn. Stat § 1 Amount Encumbered First Year of Contract $431.741.00 Amount Encumbered Second Year of Contract $444.693.12 Two Year Contract: July 1, 2001 - June 30, 2003 6�-'113 Mn/DOT Agreement No. 81724 THIS AGREEMENT, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paui, acting through its City Council, hereinafter referred to as the "City " WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the map, marked Exhibit A, which is attached and incorporated into this agreement, particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Mifes, No. 5 and designated in the Minnesota Department of Transportation records as Controi Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miies of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibiey Street); thence easterly on Seventh Street to Mounds Boulevard (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 No. 6229; beginning at Severtth Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easteriy on Minnehaha Avenue to the east City limits. This description has a totai of 38.62 . Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01'Equivalent Lane Miles, No. 13 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 miie on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as o� -1�a Mn/DOT Agreement No. 81724 Control Section No. 6280. This description has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 6.11 miles of trunk highway consisting of 36.30 Equivalent Lane No. 51 Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6215; beginning at the north Ciry limits (Hoyt Avenue) and Snelling Avenue; thence south on Sneliing Avenue to Montreai Avenue; thence east on Montreai Avenue to Fort Road (T. H. 5). Includes all portions of this highway located in the corporate limits of Falcon Heights. This description has a totai of 36.30 Equivalent Lane Miles. Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southeriy on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the foilowing 0.49 miles of trunk highway consisting of 1.63 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to Piato Boulevard; thence northerly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Trunk Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Boulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a tota� of 13.73 Equivalent Lane Miles. Trunk Highway The fo�lowing 0.50 miles of trunk highway consisting of 1.90 Equivalent Lane Miles, No. 94 and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of Concordia Avenue and the • ramp from eastbound T.H. 94 to Sneliing Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Marion Street; thence easterly along . Concordia Avenue to Marion Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at 01-'1\'3 Mn/DOT Agreement No. 81724 the junction of St Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence westerly on St Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale Street; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St Anthony Avenue and the ramp from westbound T.H. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue to the junction of St Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to westbound T.H. 94. This description has a total of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 miles of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 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 Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota Department of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from southbound T.H. 280 to Territoriai Road; thence southeriy on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound T.H. 94; and the following 0.15 miles of trunk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Frankiin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue • and University Avenue; thence northerly on Cromwell Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromweil and Territorial Road; thence northerly on Cromweii to the junction of Cromweil and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway The following 2.70 miles of trunk highway consisting of 10.50 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Controi Section No. 6217; beginning at the south City limits and Robert Street; thence north and nortfiwest on Robert Street to Trunk Highway 94. This description has a total of 12.50 Equivalent Lane Miles. C�•'1�Z MNDOT Agreement No. 81724 The above roadway descriptions have a total of 122.06 Equivalent Lane Miles. Ail pedestrian and roadway bridges over all MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 130.50 Equivalent Lane Miles. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multipiied by the length of the roadway, measured in miles, divided by a standard lane width of tweive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: Maintain the roadways and bridges so as to keep them in good repair and free from obstructions and impediments that may interfere with the passage of vehicle and pedestrian traffic. Maintenance shall include ail necessary routine maintenance to preserve Yne roadbed, bridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surface, joint and crack sealing of the surface, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shail cover the entire width of the roadway and its appurtenances, such as shouiders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spaii patching, minor bridge railing repair, proper and timely sealing of cracks in bituminous surtaced bridges, removal of graffiti, minor slope paving maintenance, and sweeping of the bridge s�rface and sidewaiks, if present. 3. Keep the roadways, bridges, and pedestrian waikways reasonably free and clear from ice and snow and undertake proper cleaning and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of tra�c on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including neces`sary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transportation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk o� �t� Mn/DOT Agreement No. 81724 highways described in Section I, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before performing excavations or installing posts within the highway right-of-way. C. The City shall fumish all labor, equipment, materials, suppiies, toois, and other items necessary for the performance of the services to be provided for by the City under this Agreement D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a Vunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. If State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City will maintain the reverted portion at its sole cost and expense. II. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, miliing and overlay of the roadway surface, replacement of drainage structures and culverts, and major washout repairs. B. State shaii retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph B. State's Authorized Representative wili inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any lane ciosures or traffic restrictiorts associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of S#ate and the City shall jointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being performed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. 0 a�-'1�3 Mn/DOT Agreement No. 81724 W LANE CLOSURES AND TRAFFIC CONTROL A. The City may partially block the trunk highways and bridges for a period of time necessary for the pertormance of the services covered under this Agreement. in cases of emergency, such trunk highways and bridges may be wholly biocked and the passage of trafhc thereon prevented by the City. At no time, however, shaii the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonabiy required for performing the necessary work thereon. In the event of the total biocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or tefephone cabies, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be ciosed to traffic for any reasons other than those above set forth and in no event for a time longer than reasonably necessary to complete authorized work. C. All partial and totai ciosures of the trunk highways and bridges covered under this Agreement shall be in conformance with the current Minnesota Manuai on Uniform Traffic Control Devices. V CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, Three Hundred Eight and 36/100 Dollars ($3,308.36) per Equivalent Lane Mile, during the first year of this Agreement and the sum of Three Thousand, Four Hundred Seven and 61/100 Doitars {$3,407.61) per Equivalent Lane Mile, du�ing the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shaii be considered full and complete compensation for ali work to be performed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 2003, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2002 Fiscal Year 2003 October 1, , 2001 $107,93525 October 1, 2002 $111,173.28 January 1, 2Q02 April 1, 2002 June 30, 2002 $1 �7,93525 $107,935.25 $107,935.25 January 1, 2003 April 1, 2003 June 30, 2003 $111,17328 $111,173.28 $111,173.28 D. State's maximum obiigation during the first year of this Agreement is $431,741.00, and its maximum obligation during the second year of this Agreement is $444,693.12. State's totai obligation under this Agreement $876,434.12. � 1\7 Mn/DOT Agreement No. 81724 VI. CONDITIONS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible after the respective dates of October 1, January 1, Aprii 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis listing all labor, materials, and equipment used by the City during the quarter, an invoice for the services performed, and a certificate certifying that ail work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Aii services provided by the City pursuant to this Agreement shall be performed to the satisfaction of State, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph A, and in accordance with aii applicabie federal, state, and locai laws, ordinances, rules, and regulations. C. If the City fails to perform any of the work according to the terms of this Agreement, State may perform such work and may any payment due the City under this agreement by the amount of the labor, overhead and materiai costs incurred by the State in performing such work. Performance of such work by the State will not be construed as a waiver of the City's obiigation to subsequently perform such work, and the City will be entitled to compensation, pursuant to this agreement, for subsequent work which is satisfactorily performed by the City. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2001 through June 30, 2003 VIII. CANCELLATION A. This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. B. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding can not be continued at a levei sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination, however, the City wili be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State must provide the City notice of the lack of funding within a reasonabie time of the State's receiving that notice. 0�•'1�3 Mn/DOT Agreement No. 81724 {X. AUTt{ORIZED REPRESESJTAT4VE A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihill, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (651)582-1424, or her designee. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Public Works, City of St. Paul, 600 City Hali Annex, 25 West Fourth SVeet, St. Paul, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. If such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section VI, Paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shaii assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shaii not be construed as a relinquishment by State of any powers or control it may have over the trunk highways and bridges covered under this Agreement. XI. AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement shall be in writing, and shall be executed by the same paRies who executed the original Agreement, or their successors in office. XII. LIABILITY The empioyees and agents of the city will not be deemed to be employees of the State for any reason. ` A. Each party wili be solely responsibie for its own acts and omissions, the acts and omissions of its employees, and resuits thereof to the extertt authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shali be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of the City shail be governed by Minnesota Statutes Chapter 466. This clause shall not be construed to bar any legai remedies each party may have for the other o�.�U Mn/DOT Agreement No. 81724 party's failure to fuifill its obiigations pursuant to this Agreement B. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by viRue of performance of its own work as psovided herein. XII. WORKERS' COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. XIII. CIVIL RIGHTS The cifij must comply with the provisions of Minnesota Statutes Section_ 181.59, and any applicabte local ordinance relating to civil rights and discrimination. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shall be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years foilowing the expiration of this Agreement. XVI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. F[o] 0 R I G i N A L Council File # 0 �� 3 RESOLUTION Green sheet # 110458 CITY OF SAINT PAUL, MINNESOTA 19 n _ . Presented By Referred To Com Date '� WHEREAS, the City of Saint Paul has approximately 27.12 miles (130.50 equivalent lane miles) of clesignated trunk � highways Iocated within the Saint Paul city limits which require annual routine maintenance, and 3 WHEREAS, a two year Trunk Highway Routine Maintenance Agreement Number 81724 effective from July 1, 2001 4 through June 30, 2003 has been negotiated between the City of Saint Paul and the State of Minnesota which details 5 the terms and Iimits of city force participation toward the routine maintenance of the trunk highway system within the 6 City of Saint Paul, and 7 g WHEREAS, by the terms of the Trunk Highway Routine Maintenance Agreement Number 81724, the Minnesota � Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $431,741.00 in Fiscal Year 2002 and 10 $444,693.12 in Fiscal Year 2003 to provide annual routine maintenance to the aforementioned trunk highway system 11 within the time limits noted, and 12 13 14 15 16 17 18 79 2(3 21 22 23 24 25 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the City of Saint Paul enter into Agreement Number 81724 with the Minnesota Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and direcYeclto execute said agreement. Requested by Department of: By: ��-1'_< .r—��.— Approved by Mayor: Date � �� ""'� By : /�� Public Works BY : I z�K , Thomas Eggu Dir ct r Form d by City Attorney By: Approved by Mayor for Submission to Council BY : �il /'LP� l K//�� Adopted by Council: Date � aO � Adoption Certified by Council Secretary DEPARTMENT/OFFICE/C�UNCII DATEINITIATED GREE SHEET NO. 110458 Y Public Works June 25, 2001 �A� INIiIAllDA7E CqMACT PERSON & PHONE � � CfiY COUNCIL �'► � GaryErichson 266-6229 � �8�� CIIYAITORN ❑crrvc�K ��— MUS(BEONCOUNCILAGENDABY(DA"fE) ��NG �BUDGETDIRECTOR FIN.&MGT.SERVICESDIR July 11, 2001 0 "� �$ MAYOR (OR ASS15TANn ❑ TOTAL t OF SIGNA7URE PAGES s (CLIP ALL LOCATIONS F4R SIGNANRE) � ASSOCIATE 1❑ DEPT. ACCO Mf� ACIION REQUESiED Co�u�al approval of atladied Rptine Mainterance Agreement #81724 beiween ihe Qty of SairR Paul and tlie State of Mnnesotr efrective JWy 1, 200 Jime 30, 2003. This agreemeM details tlie tertns and limifs of aty force pariidpation toward the routine mainienance of ttie trunk highway sys[em wAhm the aty IirttiLS of Sa'urt Paul. The Sha[e of Minnesota Depaitrnent of Trarsporh�iion to pay to ihe City of Saint Paul $431,741.00 for Fiscal Year 2002 ar� $444,693.12 tor Fiscal Year 20IX3 for the routine mairrtenance of fimk highvrays wdhm the city hrtufs of Sairrt Paul. FECOnnMENDA7iOrvS: npprove (A) a Rejea (ft) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUES'fIONS: PLANNING CqMMI$$ION CIVIL SERVICE COMMISSION 1. Has ihis personffrtm ever worked untler a coniract for this tlepartment? — — YES NO CIB COMMI7TEE 2. Has this perso�rtn ever been a city employee? — — YES NO — STAFF 3. Does L7is person/firtn possess a slall no[ nortnally possessed by any curren[ city — employee? D151HICTCOUNCIL YES NO SUPPORTS WHICH COUNQL OBJECTVE? �P�ain all yes answers on separate sheet and attach to green sheet ♦ INITIATING PROBLEM, ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHV): Routine mairrtenance responsibility of the trunk highway system williin llie ciry limits of Saint Paul. ADVANTAGESIFAPPRpVED: Trunk highway system within the city limits of SaiM Paul will receive routine mtintenance by one agency. . �} "° 1; i:U� pa��`,�, +g�� vV td �� DISADVANTAGE$ IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. TOTALAMOUMOF7RANSACTION$ $$76,4$4.12(iwoyearagreementtotaq COSTIREVENUEBUDGETED(CIHCLEONE) YES NO FUNDMG SOURCE State of Minnesota/DOT Trunk Highway funds ACINITY NUMBER ZZS-42310-3450,240-12005-3456,240-12006-3450 FINANCIAL INFORMATION: (EXPLAIN) GLE/Iz 01-"1\3 MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT PREPARED BY Mn/DOT MEfRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 81724 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) and bridges within the corporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Agency: T-79 Fiscal Year: 2002 � Total Agreement Amount: $876,434.12 MAPS Contract Number: MAPS Order Number: �• ��J� Mn/DOT Budget Office: MAPS Entry — Sign afid Date (Authorized Signature) (Individual signing certifies thaf funds have been , encumbered as required by Minn. Stat § 1 Amount Encumbered First Year of Contract $431.741.00 Amount Encumbered Second Year of Contract $444.693.12 Two Year Contract: July 1, 2001 - June 30, 2003 6�-'113 Mn/DOT Agreement No. 81724 THIS AGREEMENT, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State," and the City of St. Paui, acting through its City Council, hereinafter referred to as the "City " WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance as defined in Section 1, Paragraph B, on those portions of the trunk highways and bridges within the corporate limits of the City as indicated on the map, marked Exhibit A, which is attached and incorporated into this agreement, particularly described as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 Equivalent Lane Mifes, No. 5 and designated in the Minnesota Department of Transportation records as Controi Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miies of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibiey Street); thence easterly on Seventh Street to Mounds Boulevard (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 No. 6229; beginning at Severtth Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easteriy on Minnehaha Avenue to the east City limits. This description has a totai of 38.62 . Equivalent Lane Miles. Trunk Highway The following 0.39 mile of trunk highway consisting of 1.01'Equivalent Lane Miles, No. 13 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 miie on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miles. Trunk Highway The following 0.15 mile of roadway on Eleventh Street and on Twelfth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as o� -1�a Mn/DOT Agreement No. 81724 Control Section No. 6280. This description has a total of 1.31 Equivalent Lane Miles. Trunk Highway The following 6.11 miles of trunk highway consisting of 36.30 Equivalent Lane No. 51 Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6215; beginning at the north Ciry limits (Hoyt Avenue) and Snelling Avenue; thence south on Sneliing Avenue to Montreai Avenue; thence east on Montreai Avenue to Fort Road (T. H. 5). Includes all portions of this highway located in the corporate limits of Falcon Heights. This description has a totai of 36.30 Equivalent Lane Miles. Trunk Highway The following 0.45 miles of trunk highway consisting of 1.51 Equivalent Lane Miles, No. 52 and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of West Lafayette and the ramp from southbound T.H. 52 to Plato Boulevard; thence southeriy on West Lafayette to the junction of West Lafayette and the ramp to southbound T.H. 52; and the foilowing 0.49 miles of trunk highway consisting of 1.63 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6244; beginning at the junction of East Lafayette and the ramp from northbound T.H. 52 to Piato Boulevard; thence northerly on East Lafayette, through the intersection with Plato Boulevard, to the junction of East Lafayette and the ramp to northbound T.H. 52. This description has a total of 3.14 Equivalent Lane Miles. Trunk Highway The following 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles No. 61 and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Boulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a tota� of 13.73 Equivalent Lane Miles. Trunk Highway The fo�lowing 0.50 miles of trunk highway consisting of 1.90 Equivalent Lane Miles, No. 94 and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at the junction of Concordia Avenue and the • ramp from eastbound T.H. 94 to Sneliing Avenue; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Lexington Parkway; thence easterly on Concordia Avenue to the junction of Concordia Avenue and the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Dale Street; thence easterly along Concordia Avenue to the ramp to eastbound T.H. 94; beginning again at the junction of Concordia Avenue and the ramp from eastbound T.H. 94 to Marion Street; thence easterly along . Concordia Avenue to Marion Street; and the following 1.00 miles of trunk highway consisting of 3.56 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6282; beginning at 01-'1\'3 Mn/DOT Agreement No. 81724 the junction of St Anthony Avenue and the ramp from westbound TH. 94 to Marion Street; thence westerly on St Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; and beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Dale Street; thence westerly on St. Anthony Avenue to the junction of St. Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St Anthony Avenue and the ramp from westbound T.H. 94 to Lexington Parkway; thence westerly on St. Anthony Avenue to the junction of St Anthony Avenue and the ramp to westbound T.H. 94; beginning again at the junction of St. Anthony Avenue and the ramp from westbound T.H. 94 to Hamline Avenue; thence westerly on St. Anthony Avenue to the ramp to westbound T.H. 94. This description has a total of 5.46 Equivalent Lane Miles. Trunk Highway The following 1.52 miles of trunk highway consisting of 5.61 Equivalent Lane Miles, No. 149 and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. Trunk Highway The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles, No. 156 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 Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. Trunk Highway The following 0.13 miles of trunk highway consisting of 0.47 Equivalent Lane Miles, No. 280 and designated in the Minnesota Department of Transportation records as Control Section 6242; beginning at the junction of Eustis Street and the ramp from southbound T.H. 280 to Territoriai Road; thence southeriy on Eustis Street to Territorial Road; beginning again at the junction of Eustis Street and Franklin Avenue; thence southerly on Eustis Street to the ramp to westbound T.H. 94; and the following 0.15 miles of trunk highway consisting of 0.51 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6242; beginning at the junction of Cromwell Avenue and the ramp from westbound T.H. 94 to Frankiin Avenue; thence northerly on Cromwell Avenue to Franklin Avenue; beginning again at the junction of Cromwell Avenue • and University Avenue; thence northerly on Cromwell Avenue to the junction of Cromwell Avenue and the ramp to northbound T.H. 280; beginning again at the junction of Cromweil and Territorial Road; thence northerly on Cromweii to the junction of Cromweil and the ramp to northbound T.H. 280. This description has a total of 0.98 Equivalent Lane Miles. Trunk Highway The following 2.70 miles of trunk highway consisting of 10.50 Equivalent Lane No. 952A Miles, and designated in the Minnesota Department of Transportation records as Controi Section No. 6217; beginning at the south City limits and Robert Street; thence north and nortfiwest on Robert Street to Trunk Highway 94. This description has a total of 12.50 Equivalent Lane Miles. C�•'1�Z MNDOT Agreement No. 81724 The above roadway descriptions have a total of 122.06 Equivalent Lane Miles. Ail pedestrian and roadway bridges over all MNDOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 130.50 Equivalent Lane Miles. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multipiied by the length of the roadway, measured in miles, divided by a standard lane width of tweive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and shall include the following: Maintain the roadways and bridges so as to keep them in good repair and free from obstructions and impediments that may interfere with the passage of vehicle and pedestrian traffic. Maintenance shall include ail necessary routine maintenance to preserve Yne roadbed, bridges, drainage structures, and right-of-way in their present condition, including, but not limited to, patching of the road surface, joint and crack sealing of the surface, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning and repair, ditch cleaning, sweeping, and debris clearance. Maintenance shail cover the entire width of the roadway and its appurtenances, such as shouiders, drainage ditches, curb and gutter, and sidewalk if present. 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spaii patching, minor bridge railing repair, proper and timely sealing of cracks in bituminous surtaced bridges, removal of graffiti, minor slope paving maintenance, and sweeping of the bridge s�rface and sidewaiks, if present. 3. Keep the roadways, bridges, and pedestrian waikways reasonably free and clear from ice and snow and undertake proper cleaning and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices, such as guardrail and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, install, and maintain suitable route markers for the guidance of tra�c on such trunk highways. 5. PerForm all necessary maintenance of vegetation, including neces`sary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate, and inspect transportation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. State shall retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk o� �t� Mn/DOT Agreement No. 81724 highways described in Section I, Paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before performing excavations or installing posts within the highway right-of-way. C. The City shall fumish all labor, equipment, materials, suppiies, toois, and other items necessary for the performance of the services to be provided for by the City under this Agreement D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Construction, 1995 Edition, and any subsequent amendments thereto. E. If there is a change in the routing of a trunk highway, a substitution of a new route for a Vunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and shall be paid the amount to which it is entitled under this Agreement. If State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City will maintain the reverted portion at its sole cost and expense. II. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction, or reconstruction shall include, but not be limited to, overlay of the roadway surface, miliing and overlay of the roadway surface, replacement of drainage structures and culverts, and major washout repairs. B. State shaii retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. State shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, Paragraph B. State's Authorized Representative wili inform the City, at least 24 hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any lane ciosures or traffic restrictiorts associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of S#ate and the City shall jointly inspect the highways and bridges on an annual basis to review the adequacy of the maintenance work being performed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction is required. 0 a�-'1�3 Mn/DOT Agreement No. 81724 W LANE CLOSURES AND TRAFFIC CONTROL A. The City may partially block the trunk highways and bridges for a period of time necessary for the pertormance of the services covered under this Agreement. in cases of emergency, such trunk highways and bridges may be wholly biocked and the passage of trafhc thereon prevented by the City. At no time, however, shaii the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonabiy required for performing the necessary work thereon. In the event of the total biocking or closing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or tefephone cabies, or sewers. However, the City shall not cause any portions of said trunk highways and bridges to be ciosed to traffic for any reasons other than those above set forth and in no event for a time longer than reasonably necessary to complete authorized work. C. All partial and totai ciosures of the trunk highways and bridges covered under this Agreement shall be in conformance with the current Minnesota Manuai on Uniform Traffic Control Devices. V CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, Three Hundred Eight and 36/100 Dollars ($3,308.36) per Equivalent Lane Mile, during the first year of this Agreement and the sum of Three Thousand, Four Hundred Seven and 61/100 Doitars {$3,407.61) per Equivalent Lane Mile, du�ing the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment shaii be considered full and complete compensation for ali work to be performed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 2003, or there is a reduction in the Equivalent Lane Miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Fiscal Year 2002 Fiscal Year 2003 October 1, , 2001 $107,93525 October 1, 2002 $111,173.28 January 1, 2Q02 April 1, 2002 June 30, 2002 $1 �7,93525 $107,935.25 $107,935.25 January 1, 2003 April 1, 2003 June 30, 2003 $111,17328 $111,173.28 $111,173.28 D. State's maximum obiigation during the first year of this Agreement is $431,741.00, and its maximum obligation during the second year of this Agreement is $444,693.12. State's totai obligation under this Agreement $876,434.12. � 1\7 Mn/DOT Agreement No. 81724 VI. CONDITIONS OF PAYMENT A. Payment shall be made by State under this Agreement on a quarterly basis, as soon as possible after the respective dates of October 1, January 1, Aprii 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis listing all labor, materials, and equipment used by the City during the quarter, an invoice for the services performed, and a certificate certifying that ail work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Aii services provided by the City pursuant to this Agreement shall be performed to the satisfaction of State, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph A, and in accordance with aii applicabie federal, state, and locai laws, ordinances, rules, and regulations. C. If the City fails to perform any of the work according to the terms of this Agreement, State may perform such work and may any payment due the City under this agreement by the amount of the labor, overhead and materiai costs incurred by the State in performing such work. Performance of such work by the State will not be construed as a waiver of the City's obiigation to subsequently perform such work, and the City will be entitled to compensation, pursuant to this agreement, for subsequent work which is satisfactorily performed by the City. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of State as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2001 through June 30, 2003 VIII. CANCELLATION A. This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a cancellation, the City shall be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. B. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding can not be continued at a levei sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination, however, the City wili be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State must provide the City notice of the lack of funding within a reasonabie time of the State's receiving that notice. 0�•'1�3 Mn/DOT Agreement No. 81724 {X. AUTt{ORIZED REPRESESJTAT4VE A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihill, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (651)582-1424, or her designee. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Director of Public Works, City of St. Paul, 600 City Hali Annex, 25 West Fourth SVeet, St. Paul, Minnesota 55102-1660, (651)266-6070, or his successor. C. State's Authorized Representative shall have final authority for acceptance of the City's services. If such services are accepted as satisfactory, State's Authorized Representative shall so certify on each invoice submitted pursuant to Section VI, Paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shaii assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shall be made in accordance with the terms of this Agreement. C. This Agreement shaii not be construed as a relinquishment by State of any powers or control it may have over the trunk highways and bridges covered under this Agreement. XI. AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement shall be in writing, and shall be executed by the same paRies who executed the original Agreement, or their successors in office. XII. LIABILITY The empioyees and agents of the city will not be deemed to be employees of the State for any reason. ` A. Each party wili be solely responsibie for its own acts and omissions, the acts and omissions of its employees, and resuits thereof to the extertt authorized by law. The parties shall not be responsible for the acts of any others and the results thereof. Liability of State shali be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of the City shail be governed by Minnesota Statutes Chapter 466. This clause shall not be construed to bar any legai remedies each party may have for the other o�.�U Mn/DOT Agreement No. 81724 party's failure to fuifill its obiigations pursuant to this Agreement B. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by viRue of performance of its own work as psovided herein. XII. WORKERS' COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. XIII. CIVIL RIGHTS The cifij must comply with the provisions of Minnesota Statutes Section_ 181.59, and any applicabte local ordinance relating to civil rights and discrimination. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, shall be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years foilowing the expiration of this Agreement. XVI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. F[o]