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01-852�� €�� Presented By Referred To Committee: Date `L 3 4 5 6 7 $ 10 i1 12 13 14 15 16 17 18 19 2� 21 22 23 24 WHEREAS, in dish'ibuting decision maldng for roadways of a spuific functional classification to the appropriate level of government, it would be prudent to transfer certain roadways from one level of govemment to ano[her; and WHEREAS, to achieve this disUibution, the State of Minnesota wishes to transfer to the City of Saint Paul Public Works Street Maintenance portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that aze within the corporate Saint Paul city limits; and WHEREAS, those roadway portions aze in need of repair, which includes crack fill, seal coat, mill and oveday, and miscellaneous pavement repair, and it is es6mated that repairing the roadways to a satisfactory driving condiUOn will cost $674,044.00; and WHEREAS, the City of Sai�t Paul Public Works Street Maintenance is willing to assume responsibility for those roadway portions as long as the State pays to the City of Saint Paul the lump sum amount of $674,044.00; and WHEREAS, the State of Minnesota and the City of Saint Paul Public Works Saeet Maintenance wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State of Minnesota to the City of Saint Paul and would also provide for the jurisdictional transfer of those roadway portions from the S[ate of Minnesota to the City of Saint Paul; and WHEREAS, Minnesota Statutes Section 161.2Q subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and coopera[e with any governmental auGtority for the puipose of construcfing, maintai�ing, and improving the trunk highway system; and THEREFORE BE IT MUT[JALLY AGREED that the State of Minnesota shall transfer ro the City of Saint Paul jurisdiction of the following roadways as indicated on the attached list and shown on "Exhibit A" which is attached and made part of by reference. "E�ibit A" shows all City State Aid System roadways on State rights-of-way to be transfened, in red (r), and all other roadways to be transfersed, in green (g). The roadway segments described will be transfened to the City as they actually exist within trunk highway rights-of-way. To fulfill the State's final liability in connecfion with the roadway portions described in this agreement, che State of Minnesota shall pay to the City of Saint Paul a lump sum in the aznount of $674,044.00 after [he following conditions have been met: (1) Enwmbrance by the State of the State's lump sum amount of $674,044.00 (2) Execution and approval of this ag�eement and the State's transmittal of same to the City (3) Receipt by the State of a written request from the City for payment of lump sum amount of $674,044.00. 25 itequested by Department of: Public Works B 'bat�" Thomas Eggum, ' ect r Form Approved by City Attorney Adoption Certified by Council Secretary By : � ^-1 �cS�,- �• �� B I'�� `�'—"'� Approved by Mayor for Submission to Council Approved by Mayor: Date �� J � � By: C G �lit_.� By : ��(��(°�� E�y(�-^� v N1v ' ! ``,�t't 6 � Council File # �\•�$� �� RESOLUTION Green Sheet # 110459 CITY OF SAINT PAUL, MINNESOTA �� ( � � a� Adopted by Council: Date ` ao ,. D i -�a�-- PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 79942 S.P. 8825-48 (T.H. 999) State Funds The State of Minnesota Department of Transportation, and The Cit�of St. Paul Re: State transfer to the City of frontage roads and streets along T.Hs. 35E, 52, 94 and 280 AMOUNT ENCUMBERED 5674.044.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of St. Paul, Minnesota, acting by and through its City Council, hereinafter referred to as the "City��. 1 ot.�sa- 79942 WHEREAS, in distributing decision making for roadways of a specific functional classification to the appropriate level of government, it would be prudent to trans£er certain roadways from one level of government to another; and WHEREAS, to achieve this distribution, the State wishes to transfer to the City, portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that are within the corporate City limits; and WHEREAS, those roadway portions are in need of repair, which includes crack fill, seal coat, milling and overlaying, and miscellaneous pavement repair, and it is estimated that repairing the roadways to a satisfactory driving condition will cost $674,044.00; and WHEREAS, the City is willing to assume responsibility for those roadway portions as long as the State pays to the City the lump sum amount of $674,044.00; and WHEREAS, the State and the City wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State to the City and would also provide for the jurisdictional transfer of those roadway portions from the State to the City; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commission�r of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. I`T IS, THEREF`ORE, MU`TUALLY AGREED AS FOLLOWS: ARTICLE 2- ROADWAYS TO BE TRANSFERRED The State shall transfer to the City jurisdiction of the following roadways, as shown on EXHIBIT "A" which is attached hereto and made a part hereof by reference. EXHIBIT "A" shows all City State Aid E o►-ts� 79942 System roadways on State rights-of-way to be transferred, in red (r), and all other roadways to be transferred, in green (g). All termini are approximate. The roadway segments described will be transferred to the City as they actually exist within trunk highway rights-of-way. A. Trunk Highway No. 94 1. St. Anthony Avenue a. West corporate City limits easterly to Cretin Avenue (g) b. The most westerly 300 feet between Cretin Avenue and Cleveland Avenue (g) c. Beacon Street westerly to Dewey Street (g) d. Aldine Street easterly to Rice Street (g) 2. Cretin Avenue from St. Anthony Avenue northerly to Trunk Highway No. 94 (r) 3. Gilbert Avenue from Cleveland Avenue easterly to Prior Avenue (g) 4. Prior Avenue from Gilbert Avenue southerly to Roblyn Avenue (r) 5. Roblyn Avenue from Ferdinand Street easterly to Fairview Avenue (g) 6. Old Fairview Avenue a. Shields Avenue southerly to St. Anthony Avenue (g) b. Roblyn Avenue southerly to Iglehart'Avenue (g) 7. New Fairview Avenue from Shields Avenue southerly to Iglehart Avenue (r) 8. Concordia Avenue from Aldine Street easterly to Marion Street (g; 9. 11 SEreet from St. Peter Street easterly to Cedar Street (g) 10. 12`" Street a. Rice Street easterly to Wabasha Street (r) b. Wabasha Street northeasterly to University Avenue (g) 11. Mounds Boulevard.from Trunk Highway No. 94 eastbound entrance _.�»•- ramp southerly`td'_Plum Street (r) 12. Hudson Road a. Frank Street easterly to Griffith Street (g) b. Point Douglas Road easterly to Clarence Street (g) c. Birmingham Street easterly to M`Knight Road (r) 3 � 01-PS� 79942 13. Pacific Street from Birmingham Street easterly to White Bear Avenue (r) B. Trunk Highway No. 280 1. Hunting Valley Road from the Trunk Highway No. 280 southbound entrance ramp southerly to the end of Hunting Valley Road (g) 2. Hillside Avenue from Eustis Street southeasterly to Hillside Court (g) 3. Eustis Street from Wabash Avenue northerly to Robbins Street (g) 4. Cromwell Avenue from Wabash Avenue northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road (g) C. Trunk Highway No. 35E 1. L'Orient Street a. Mount Airy Street northerly to Pennsylvania Avenue (g) b. Acker Street northerly to Cayuga Street (g) 2. Mississippi Street a. York Avenue northerly to East Jessamine Avenue (g) b. University Avenue northerly to Cayuga Street (r) D. Trunk Highway No. 52 (Lafayette Freeway) 1. West Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street (g) 2. East Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street ig) �1RTICLE II - INFORMATION AND RECORDS PROVIDED BY THE STATE The State shall, upon request, provide the City with the following information and records that are applicable to the roadway portions described in Article I of this Agreement, to the extent that they are available, at no cost or expense to the City: A. A list of active maintenance agreements with other governmental agencies and utility companies that will be canceled. B. Utility, drainage, access driveway, sign advertising and limited use permits. C. As built construction plans and microfilm records. � v �.tS�- 79942 D. Bridge inspection reports and ratings. E. Photo logs, aerial photos, right-of-way maps and parcel files. F_ Inventory data. G. Pavement condition ratings. H. A history of the most recent betterment. I. Signal files including timing sequence and repair history. J. Accident reports and statistics, subject to Privacy Act requirements. K. The most current traffic counts. L. Any alignment ties, horizontal and vertical control monuments, and relative data. M. All partially completed and completed plans for construction projects. N. Road opening authority documentation and/or right-of-way authority documentation. ARTICLE III - PAYMENT BY THE STATE To fulfill the State's final liability in connection with the roadway portions described in Article I of this Agreement, the State shall pay to the City a lump sum in the amount of $674,044.00 after the following conditions have been met: A. Encumbrance by the State of the State's lump sum amount of $674,044.00. B. Execution,and approval of this Agreement and the State's transmittal of same to the City. C. Receipt by the State of a written request from the City for payment of the State's lump sum amount of $674,044.00. ARTICLE IV - GENERAL PROVISIONS Section A Future Responsibilities Upon execution and approval of this Agreement, except as provided in the second paragraph of this section, the City shall thereafter J o � -t.f� 79942 � accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of the roadway portions described in Article I of this Agreement, without cost or expense to the State. Upon execution and approval of this Agreement, the State and the City shall thereafter share in the maintenance of the following roadway portions: l. Eustis Street from the Trunk Highway No. 94 westbound entrance ramp near Franklin Avenue northerly to the Trunk Highway No. 280 southbound exit ramp near Territorial Road, and 2. Cromwell Avenue from the Trunk Highway No. 280 northbound exit ramp off of westbound Trunk Highway No. 94 northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road. Section B Release and Conveyance of Roadwavs The State shall serve upon the City a"NOtice of Release" placing the roadway portions described in Article I of this Agreement under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in those roadway portions. Upon receipt of that "Notice of Release", the City shall• become the road authority responsible for the roadway portions so released. Section C Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or 'the state auditor as appropriate, for a minimum of six years from final payment. .� Section D. Claims o�-ts� 79942 Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Liability of the State is governed by Minnesota Statutes Section 3.736 and other applicable law. Liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. 5ection E. Aareement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this agreement is Maryanne Kelly-SOnnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this agreement.is Gary Erichson, Street Maintenance Engineer, or his successor. His current address and phone number are 25 West Fourth Street, 900 CHA, St. Paul, MN 55102, (651) 292-6600. 7 DEPAR7MENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET No. 110459 Public Works July 11, 2001 CONiACTPERSON&PHONE INIT7AL/DATE ITI DATE Gary Erichson 266-6229 �p , i ' �2 DEP oa `�i'L �6 qNCOUNqL ,S} � � � I .'L - B ASSIGN � � - � �Q CIN TfORNEY �CITYCLERK MUSTBEONCOUNCILAGENDABY(DA7E) ', R �NCa �gUDGETDIRECTOR �H• �7^�� ' ^ u � +� �� FIN. & MGT. SERVICES DIR ` �"� � �OV'='t./ I � MAVOR (OR ASSISTANn ❑ A` TOTAL S OP SIGNANRE PAGES '� (CLIP ALL LOCATONS FOfl SIGNANR� � ASSOCIATE 1� DEPT. ACCOUNTANT ACTION RC-0UESTED Counal approval of ihe adached Cooperative Construclion Agreement No. 79942 between Uie City of Saint Paui and the State of NTinnesotr DeparhneM of Transportation. This agreemeM provides for transfer, from the State of Minnesot2 to the City of Saint Paui, of jurisdiction for portons of frorrtage roads and streets abng Trunk Highway No. 35E, No. 52, No. 94, and No. 280 tliat are within the corporation Saint Paui cily limifs, and to provide for a lump sum paymeM of $674,044.00 by the State of Minnesota to the City of SaiM Paul as ll�e S�te's finai liability in connection wdh the roadway portions as listed wiihin this agreement RECOt.�enEnloanOnrS: approve (A} or Rejea (RJ PEHSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SFAVICE CAMMISSION 1. Has Nis perso�rtn ever worketl unaer a contract for this department? — — YES NO CIB COMMITTEE 2. Has this person/firtn ever been a ciry empioyee? YES NO — STqFF 3. Does [his persoNfirm possess a sldll not nortnally possessetl by any curteM city — employee? DI5iRICTCAUNQL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? Explain all yes answers on separate sheet and attach W green sheet INITIATING PFiOBLEM, ISSUE, OPPOflTUNIN (WHO, WHAT, WHEN, WHEflE, WHV): Upon execu6on and approval of this Agreement #79942, the City of Sairrt Paul shall ihereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operetion, maintenance, repair and/or reconstruction of the portions witlwut cost or expense to the State of Minnesota. ADVANTAGESIFAPPflOVED Resolve a long sianding jurisdictlonal quesiion beiween llie Ciry of Saint Paul and the State of Minnesota. This agreemeM will allow City of Saint Paul Public Works SVeet Maintenance Division to bring lliese roads up to current standaNs. ,.. ��Q� ��$YG� �� , DISADVANTAGES IF APPROVED� None _ - DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. �"�"'r� 70TALAMOUNTOFTRANSACTION$ $B7�},044.00 COST/REVENUEBUDGETED(CIRCLEONE) YES No FUNDING SOUHCE St o f Minnesoh, DeparlmeMof Transportation pCINITY NUMBER 225-42310.3450 FINANCIAL INFORMATION: ( GLE/Iz �� €�� Presented By Referred To Committee: Date `L 3 4 5 6 7 $ 10 i1 12 13 14 15 16 17 18 19 2� 21 22 23 24 WHEREAS, in dish'ibuting decision maldng for roadways of a spuific functional classification to the appropriate level of government, it would be prudent to transfer certain roadways from one level of govemment to ano[her; and WHEREAS, to achieve this disUibution, the State of Minnesota wishes to transfer to the City of Saint Paul Public Works Street Maintenance portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that aze within the corporate Saint Paul city limits; and WHEREAS, those roadway portions aze in need of repair, which includes crack fill, seal coat, mill and oveday, and miscellaneous pavement repair, and it is es6mated that repairing the roadways to a satisfactory driving condiUOn will cost $674,044.00; and WHEREAS, the City of Sai�t Paul Public Works Street Maintenance is willing to assume responsibility for those roadway portions as long as the State pays to the City of Saint Paul the lump sum amount of $674,044.00; and WHEREAS, the State of Minnesota and the City of Saint Paul Public Works Saeet Maintenance wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State of Minnesota to the City of Saint Paul and would also provide for the jurisdictional transfer of those roadway portions from the S[ate of Minnesota to the City of Saint Paul; and WHEREAS, Minnesota Statutes Section 161.2Q subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and coopera[e with any governmental auGtority for the puipose of construcfing, maintai�ing, and improving the trunk highway system; and THEREFORE BE IT MUT[JALLY AGREED that the State of Minnesota shall transfer ro the City of Saint Paul jurisdiction of the following roadways as indicated on the attached list and shown on "Exhibit A" which is attached and made part of by reference. "E�ibit A" shows all City State Aid System roadways on State rights-of-way to be transfened, in red (r), and all other roadways to be transfersed, in green (g). The roadway segments described will be transfened to the City as they actually exist within trunk highway rights-of-way. To fulfill the State's final liability in connecfion with the roadway portions described in this agreement, che State of Minnesota shall pay to the City of Saint Paul a lump sum in the aznount of $674,044.00 after [he following conditions have been met: (1) Enwmbrance by the State of the State's lump sum amount of $674,044.00 (2) Execution and approval of this ag�eement and the State's transmittal of same to the City (3) Receipt by the State of a written request from the City for payment of lump sum amount of $674,044.00. 25 itequested by Department of: Public Works B 'bat�" Thomas Eggum, ' ect r Form Approved by City Attorney Adoption Certified by Council Secretary By : � ^-1 �cS�,- �• �� B I'�� `�'—"'� Approved by Mayor for Submission to Council Approved by Mayor: Date �� J � � By: C G �lit_.� By : ��(��(°�� E�y(�-^� v N1v ' ! ``,�t't 6 � Council File # �\•�$� �� RESOLUTION Green Sheet # 110459 CITY OF SAINT PAUL, MINNESOTA �� ( � � a� Adopted by Council: Date ` ao ,. D i -�a�-- PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 79942 S.P. 8825-48 (T.H. 999) State Funds The State of Minnesota Department of Transportation, and The Cit�of St. Paul Re: State transfer to the City of frontage roads and streets along T.Hs. 35E, 52, 94 and 280 AMOUNT ENCUMBERED 5674.044.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of St. Paul, Minnesota, acting by and through its City Council, hereinafter referred to as the "City��. 1 ot.�sa- 79942 WHEREAS, in distributing decision making for roadways of a specific functional classification to the appropriate level of government, it would be prudent to trans£er certain roadways from one level of government to another; and WHEREAS, to achieve this distribution, the State wishes to transfer to the City, portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that are within the corporate City limits; and WHEREAS, those roadway portions are in need of repair, which includes crack fill, seal coat, milling and overlaying, and miscellaneous pavement repair, and it is estimated that repairing the roadways to a satisfactory driving condition will cost $674,044.00; and WHEREAS, the City is willing to assume responsibility for those roadway portions as long as the State pays to the City the lump sum amount of $674,044.00; and WHEREAS, the State and the City wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State to the City and would also provide for the jurisdictional transfer of those roadway portions from the State to the City; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commission�r of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. I`T IS, THEREF`ORE, MU`TUALLY AGREED AS FOLLOWS: ARTICLE 2- ROADWAYS TO BE TRANSFERRED The State shall transfer to the City jurisdiction of the following roadways, as shown on EXHIBIT "A" which is attached hereto and made a part hereof by reference. EXHIBIT "A" shows all City State Aid E o►-ts� 79942 System roadways on State rights-of-way to be transferred, in red (r), and all other roadways to be transferred, in green (g). All termini are approximate. The roadway segments described will be transferred to the City as they actually exist within trunk highway rights-of-way. A. Trunk Highway No. 94 1. St. Anthony Avenue a. West corporate City limits easterly to Cretin Avenue (g) b. The most westerly 300 feet between Cretin Avenue and Cleveland Avenue (g) c. Beacon Street westerly to Dewey Street (g) d. Aldine Street easterly to Rice Street (g) 2. Cretin Avenue from St. Anthony Avenue northerly to Trunk Highway No. 94 (r) 3. Gilbert Avenue from Cleveland Avenue easterly to Prior Avenue (g) 4. Prior Avenue from Gilbert Avenue southerly to Roblyn Avenue (r) 5. Roblyn Avenue from Ferdinand Street easterly to Fairview Avenue (g) 6. Old Fairview Avenue a. Shields Avenue southerly to St. Anthony Avenue (g) b. Roblyn Avenue southerly to Iglehart'Avenue (g) 7. New Fairview Avenue from Shields Avenue southerly to Iglehart Avenue (r) 8. Concordia Avenue from Aldine Street easterly to Marion Street (g; 9. 11 SEreet from St. Peter Street easterly to Cedar Street (g) 10. 12`" Street a. Rice Street easterly to Wabasha Street (r) b. Wabasha Street northeasterly to University Avenue (g) 11. Mounds Boulevard.from Trunk Highway No. 94 eastbound entrance _.�»•- ramp southerly`td'_Plum Street (r) 12. Hudson Road a. Frank Street easterly to Griffith Street (g) b. Point Douglas Road easterly to Clarence Street (g) c. Birmingham Street easterly to M`Knight Road (r) 3 � 01-PS� 79942 13. Pacific Street from Birmingham Street easterly to White Bear Avenue (r) B. Trunk Highway No. 280 1. Hunting Valley Road from the Trunk Highway No. 280 southbound entrance ramp southerly to the end of Hunting Valley Road (g) 2. Hillside Avenue from Eustis Street southeasterly to Hillside Court (g) 3. Eustis Street from Wabash Avenue northerly to Robbins Street (g) 4. Cromwell Avenue from Wabash Avenue northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road (g) C. Trunk Highway No. 35E 1. L'Orient Street a. Mount Airy Street northerly to Pennsylvania Avenue (g) b. Acker Street northerly to Cayuga Street (g) 2. Mississippi Street a. York Avenue northerly to East Jessamine Avenue (g) b. University Avenue northerly to Cayuga Street (r) D. Trunk Highway No. 52 (Lafayette Freeway) 1. West Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street (g) 2. East Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street ig) �1RTICLE II - INFORMATION AND RECORDS PROVIDED BY THE STATE The State shall, upon request, provide the City with the following information and records that are applicable to the roadway portions described in Article I of this Agreement, to the extent that they are available, at no cost or expense to the City: A. A list of active maintenance agreements with other governmental agencies and utility companies that will be canceled. B. Utility, drainage, access driveway, sign advertising and limited use permits. C. As built construction plans and microfilm records. � v �.tS�- 79942 D. Bridge inspection reports and ratings. E. Photo logs, aerial photos, right-of-way maps and parcel files. F_ Inventory data. G. Pavement condition ratings. H. A history of the most recent betterment. I. Signal files including timing sequence and repair history. J. Accident reports and statistics, subject to Privacy Act requirements. K. The most current traffic counts. L. Any alignment ties, horizontal and vertical control monuments, and relative data. M. All partially completed and completed plans for construction projects. N. Road opening authority documentation and/or right-of-way authority documentation. ARTICLE III - PAYMENT BY THE STATE To fulfill the State's final liability in connection with the roadway portions described in Article I of this Agreement, the State shall pay to the City a lump sum in the amount of $674,044.00 after the following conditions have been met: A. Encumbrance by the State of the State's lump sum amount of $674,044.00. B. Execution,and approval of this Agreement and the State's transmittal of same to the City. C. Receipt by the State of a written request from the City for payment of the State's lump sum amount of $674,044.00. ARTICLE IV - GENERAL PROVISIONS Section A Future Responsibilities Upon execution and approval of this Agreement, except as provided in the second paragraph of this section, the City shall thereafter J o � -t.f� 79942 � accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of the roadway portions described in Article I of this Agreement, without cost or expense to the State. Upon execution and approval of this Agreement, the State and the City shall thereafter share in the maintenance of the following roadway portions: l. Eustis Street from the Trunk Highway No. 94 westbound entrance ramp near Franklin Avenue northerly to the Trunk Highway No. 280 southbound exit ramp near Territorial Road, and 2. Cromwell Avenue from the Trunk Highway No. 280 northbound exit ramp off of westbound Trunk Highway No. 94 northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road. Section B Release and Conveyance of Roadwavs The State shall serve upon the City a"NOtice of Release" placing the roadway portions described in Article I of this Agreement under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in those roadway portions. Upon receipt of that "Notice of Release", the City shall• become the road authority responsible for the roadway portions so released. Section C Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or 'the state auditor as appropriate, for a minimum of six years from final payment. .� Section D. Claims o�-ts� 79942 Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Liability of the State is governed by Minnesota Statutes Section 3.736 and other applicable law. Liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. 5ection E. Aareement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this agreement is Maryanne Kelly-SOnnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this agreement.is Gary Erichson, Street Maintenance Engineer, or his successor. His current address and phone number are 25 West Fourth Street, 900 CHA, St. Paul, MN 55102, (651) 292-6600. 7 DEPAR7MENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET No. 110459 Public Works July 11, 2001 CONiACTPERSON&PHONE INIT7AL/DATE ITI DATE Gary Erichson 266-6229 �p , i ' �2 DEP oa `�i'L �6 qNCOUNqL ,S} � � � I .'L - B ASSIGN � � - � �Q CIN TfORNEY �CITYCLERK MUSTBEONCOUNCILAGENDABY(DA7E) ', R �NCa �gUDGETDIRECTOR �H• �7^�� ' ^ u � +� �� FIN. & MGT. SERVICES DIR ` �"� � �OV'='t./ I � MAVOR (OR ASSISTANn ❑ A` TOTAL S OP SIGNANRE PAGES '� (CLIP ALL LOCATONS FOfl SIGNANR� � ASSOCIATE 1� DEPT. ACCOUNTANT ACTION RC-0UESTED Counal approval of ihe adached Cooperative Construclion Agreement No. 79942 between Uie City of Saint Paui and the State of NTinnesotr DeparhneM of Transportation. This agreemeM provides for transfer, from the State of Minnesot2 to the City of Saint Paui, of jurisdiction for portons of frorrtage roads and streets abng Trunk Highway No. 35E, No. 52, No. 94, and No. 280 tliat are within the corporation Saint Paui cily limifs, and to provide for a lump sum paymeM of $674,044.00 by the State of Minnesota to the City of SaiM Paul as ll�e S�te's finai liability in connection wdh the roadway portions as listed wiihin this agreement RECOt.�enEnloanOnrS: approve (A} or Rejea (RJ PEHSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SFAVICE CAMMISSION 1. Has Nis perso�rtn ever worketl unaer a contract for this department? — — YES NO CIB COMMITTEE 2. Has this person/firtn ever been a ciry empioyee? YES NO — STqFF 3. Does [his persoNfirm possess a sldll not nortnally possessetl by any curteM city — employee? DI5iRICTCAUNQL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? Explain all yes answers on separate sheet and attach W green sheet INITIATING PFiOBLEM, ISSUE, OPPOflTUNIN (WHO, WHAT, WHEN, WHEflE, WHV): Upon execu6on and approval of this Agreement #79942, the City of Sairrt Paul shall ihereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operetion, maintenance, repair and/or reconstruction of the portions witlwut cost or expense to the State of Minnesota. ADVANTAGESIFAPPflOVED Resolve a long sianding jurisdictlonal quesiion beiween llie Ciry of Saint Paul and the State of Minnesota. This agreemeM will allow City of Saint Paul Public Works SVeet Maintenance Division to bring lliese roads up to current standaNs. ,.. ��Q� ��$YG� �� , DISADVANTAGES IF APPROVED� None _ - DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. �"�"'r� 70TALAMOUNTOFTRANSACTION$ $B7�},044.00 COST/REVENUEBUDGETED(CIRCLEONE) YES No FUNDING SOUHCE St o f Minnesoh, DeparlmeMof Transportation pCINITY NUMBER 225-42310.3450 FINANCIAL INFORMATION: ( GLE/Iz �� €�� Presented By Referred To Committee: Date `L 3 4 5 6 7 $ 10 i1 12 13 14 15 16 17 18 19 2� 21 22 23 24 WHEREAS, in dish'ibuting decision maldng for roadways of a spuific functional classification to the appropriate level of government, it would be prudent to transfer certain roadways from one level of govemment to ano[her; and WHEREAS, to achieve this disUibution, the State of Minnesota wishes to transfer to the City of Saint Paul Public Works Street Maintenance portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that aze within the corporate Saint Paul city limits; and WHEREAS, those roadway portions aze in need of repair, which includes crack fill, seal coat, mill and oveday, and miscellaneous pavement repair, and it is es6mated that repairing the roadways to a satisfactory driving condiUOn will cost $674,044.00; and WHEREAS, the City of Sai�t Paul Public Works Street Maintenance is willing to assume responsibility for those roadway portions as long as the State pays to the City of Saint Paul the lump sum amount of $674,044.00; and WHEREAS, the State of Minnesota and the City of Saint Paul Public Works Saeet Maintenance wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State of Minnesota to the City of Saint Paul and would also provide for the jurisdictional transfer of those roadway portions from the S[ate of Minnesota to the City of Saint Paul; and WHEREAS, Minnesota Statutes Section 161.2Q subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and coopera[e with any governmental auGtority for the puipose of construcfing, maintai�ing, and improving the trunk highway system; and THEREFORE BE IT MUT[JALLY AGREED that the State of Minnesota shall transfer ro the City of Saint Paul jurisdiction of the following roadways as indicated on the attached list and shown on "Exhibit A" which is attached and made part of by reference. "E�ibit A" shows all City State Aid System roadways on State rights-of-way to be transfened, in red (r), and all other roadways to be transfersed, in green (g). The roadway segments described will be transfened to the City as they actually exist within trunk highway rights-of-way. To fulfill the State's final liability in connecfion with the roadway portions described in this agreement, che State of Minnesota shall pay to the City of Saint Paul a lump sum in the aznount of $674,044.00 after [he following conditions have been met: (1) Enwmbrance by the State of the State's lump sum amount of $674,044.00 (2) Execution and approval of this ag�eement and the State's transmittal of same to the City (3) Receipt by the State of a written request from the City for payment of lump sum amount of $674,044.00. 25 itequested by Department of: Public Works B 'bat�" Thomas Eggum, ' ect r Form Approved by City Attorney Adoption Certified by Council Secretary By : � ^-1 �cS�,- �• �� B I'�� `�'—"'� Approved by Mayor for Submission to Council Approved by Mayor: Date �� J � � By: C G �lit_.� By : ��(��(°�� E�y(�-^� v N1v ' ! ``,�t't 6 � Council File # �\•�$� �� RESOLUTION Green Sheet # 110459 CITY OF SAINT PAUL, MINNESOTA �� ( � � a� Adopted by Council: Date ` ao ,. D i -�a�-- PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 79942 S.P. 8825-48 (T.H. 999) State Funds The State of Minnesota Department of Transportation, and The Cit�of St. Paul Re: State transfer to the City of frontage roads and streets along T.Hs. 35E, 52, 94 and 280 AMOUNT ENCUMBERED 5674.044.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of St. Paul, Minnesota, acting by and through its City Council, hereinafter referred to as the "City��. 1 ot.�sa- 79942 WHEREAS, in distributing decision making for roadways of a specific functional classification to the appropriate level of government, it would be prudent to trans£er certain roadways from one level of government to another; and WHEREAS, to achieve this distribution, the State wishes to transfer to the City, portions of frontage roads and streets along Trunk Highways No. 35E, No. 52, No. 94 and No. 280 that are within the corporate City limits; and WHEREAS, those roadway portions are in need of repair, which includes crack fill, seal coat, milling and overlaying, and miscellaneous pavement repair, and it is estimated that repairing the roadways to a satisfactory driving condition will cost $674,044.00; and WHEREAS, the City is willing to assume responsibility for those roadway portions as long as the State pays to the City the lump sum amount of $674,044.00; and WHEREAS, the State and the City wish to enter into an agreement that would provide for payment of the lump sum amount of $674,044.00 by the State to the City and would also provide for the jurisdictional transfer of those roadway portions from the State to the City; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commission�r of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. I`T IS, THEREF`ORE, MU`TUALLY AGREED AS FOLLOWS: ARTICLE 2- ROADWAYS TO BE TRANSFERRED The State shall transfer to the City jurisdiction of the following roadways, as shown on EXHIBIT "A" which is attached hereto and made a part hereof by reference. EXHIBIT "A" shows all City State Aid E o►-ts� 79942 System roadways on State rights-of-way to be transferred, in red (r), and all other roadways to be transferred, in green (g). All termini are approximate. The roadway segments described will be transferred to the City as they actually exist within trunk highway rights-of-way. A. Trunk Highway No. 94 1. St. Anthony Avenue a. West corporate City limits easterly to Cretin Avenue (g) b. The most westerly 300 feet between Cretin Avenue and Cleveland Avenue (g) c. Beacon Street westerly to Dewey Street (g) d. Aldine Street easterly to Rice Street (g) 2. Cretin Avenue from St. Anthony Avenue northerly to Trunk Highway No. 94 (r) 3. Gilbert Avenue from Cleveland Avenue easterly to Prior Avenue (g) 4. Prior Avenue from Gilbert Avenue southerly to Roblyn Avenue (r) 5. Roblyn Avenue from Ferdinand Street easterly to Fairview Avenue (g) 6. Old Fairview Avenue a. Shields Avenue southerly to St. Anthony Avenue (g) b. Roblyn Avenue southerly to Iglehart'Avenue (g) 7. New Fairview Avenue from Shields Avenue southerly to Iglehart Avenue (r) 8. Concordia Avenue from Aldine Street easterly to Marion Street (g; 9. 11 SEreet from St. Peter Street easterly to Cedar Street (g) 10. 12`" Street a. Rice Street easterly to Wabasha Street (r) b. Wabasha Street northeasterly to University Avenue (g) 11. Mounds Boulevard.from Trunk Highway No. 94 eastbound entrance _.�»•- ramp southerly`td'_Plum Street (r) 12. Hudson Road a. Frank Street easterly to Griffith Street (g) b. Point Douglas Road easterly to Clarence Street (g) c. Birmingham Street easterly to M`Knight Road (r) 3 � 01-PS� 79942 13. Pacific Street from Birmingham Street easterly to White Bear Avenue (r) B. Trunk Highway No. 280 1. Hunting Valley Road from the Trunk Highway No. 280 southbound entrance ramp southerly to the end of Hunting Valley Road (g) 2. Hillside Avenue from Eustis Street southeasterly to Hillside Court (g) 3. Eustis Street from Wabash Avenue northerly to Robbins Street (g) 4. Cromwell Avenue from Wabash Avenue northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road (g) C. Trunk Highway No. 35E 1. L'Orient Street a. Mount Airy Street northerly to Pennsylvania Avenue (g) b. Acker Street northerly to Cayuga Street (g) 2. Mississippi Street a. York Avenue northerly to East Jessamine Avenue (g) b. University Avenue northerly to Cayuga Street (r) D. Trunk Highway No. 52 (Lafayette Freeway) 1. West Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street (g) 2. East Lafayette Frontage Road from Fillmore Avenue southerly to Eaton Street ig) �1RTICLE II - INFORMATION AND RECORDS PROVIDED BY THE STATE The State shall, upon request, provide the City with the following information and records that are applicable to the roadway portions described in Article I of this Agreement, to the extent that they are available, at no cost or expense to the City: A. A list of active maintenance agreements with other governmental agencies and utility companies that will be canceled. B. Utility, drainage, access driveway, sign advertising and limited use permits. C. As built construction plans and microfilm records. � v �.tS�- 79942 D. Bridge inspection reports and ratings. E. Photo logs, aerial photos, right-of-way maps and parcel files. F_ Inventory data. G. Pavement condition ratings. H. A history of the most recent betterment. I. Signal files including timing sequence and repair history. J. Accident reports and statistics, subject to Privacy Act requirements. K. The most current traffic counts. L. Any alignment ties, horizontal and vertical control monuments, and relative data. M. All partially completed and completed plans for construction projects. N. Road opening authority documentation and/or right-of-way authority documentation. ARTICLE III - PAYMENT BY THE STATE To fulfill the State's final liability in connection with the roadway portions described in Article I of this Agreement, the State shall pay to the City a lump sum in the amount of $674,044.00 after the following conditions have been met: A. Encumbrance by the State of the State's lump sum amount of $674,044.00. B. Execution,and approval of this Agreement and the State's transmittal of same to the City. C. Receipt by the State of a written request from the City for payment of the State's lump sum amount of $674,044.00. ARTICLE IV - GENERAL PROVISIONS Section A Future Responsibilities Upon execution and approval of this Agreement, except as provided in the second paragraph of this section, the City shall thereafter J o � -t.f� 79942 � accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of the roadway portions described in Article I of this Agreement, without cost or expense to the State. Upon execution and approval of this Agreement, the State and the City shall thereafter share in the maintenance of the following roadway portions: l. Eustis Street from the Trunk Highway No. 94 westbound entrance ramp near Franklin Avenue northerly to the Trunk Highway No. 280 southbound exit ramp near Territorial Road, and 2. Cromwell Avenue from the Trunk Highway No. 280 northbound exit ramp off of westbound Trunk Highway No. 94 northerly to the Trunk Highway No. 280 northbound entrance ramp near Territorial Road. Section B Release and Conveyance of Roadwavs The State shall serve upon the City a"NOtice of Release" placing the roadway portions described in Article I of this Agreement under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in those roadway portions. Upon receipt of that "Notice of Release", the City shall• become the road authority responsible for the roadway portions so released. Section C Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or 'the state auditor as appropriate, for a minimum of six years from final payment. .� Section D. Claims o�-ts� 79942 Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Liability of the State is governed by Minnesota Statutes Section 3.736 and other applicable law. Liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. 5ection E. Aareement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this agreement is Maryanne Kelly-SOnnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this agreement.is Gary Erichson, Street Maintenance Engineer, or his successor. His current address and phone number are 25 West Fourth Street, 900 CHA, St. Paul, MN 55102, (651) 292-6600. 7 DEPAR7MENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET No. 110459 Public Works July 11, 2001 CONiACTPERSON&PHONE INIT7AL/DATE ITI DATE Gary Erichson 266-6229 �p , i ' �2 DEP oa `�i'L �6 qNCOUNqL ,S} � � � I .'L - B ASSIGN � � - � �Q CIN TfORNEY �CITYCLERK MUSTBEONCOUNCILAGENDABY(DA7E) ', R �NCa �gUDGETDIRECTOR �H• �7^�� ' ^ u � +� �� FIN. & MGT. SERVICES DIR ` �"� � �OV'='t./ I � MAVOR (OR ASSISTANn ❑ A` TOTAL S OP SIGNANRE PAGES '� (CLIP ALL LOCATONS FOfl SIGNANR� � ASSOCIATE 1� DEPT. ACCOUNTANT ACTION RC-0UESTED Counal approval of ihe adached Cooperative Construclion Agreement No. 79942 between Uie City of Saint Paui and the State of NTinnesotr DeparhneM of Transportation. This agreemeM provides for transfer, from the State of Minnesot2 to the City of Saint Paui, of jurisdiction for portons of frorrtage roads and streets abng Trunk Highway No. 35E, No. 52, No. 94, and No. 280 tliat are within the corporation Saint Paui cily limifs, and to provide for a lump sum paymeM of $674,044.00 by the State of Minnesota to the City of SaiM Paul as ll�e S�te's finai liability in connection wdh the roadway portions as listed wiihin this agreement RECOt.�enEnloanOnrS: approve (A} or Rejea (RJ PEHSONAL SERVICE CONTRACi'S MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SFAVICE CAMMISSION 1. Has Nis perso�rtn ever worketl unaer a contract for this department? — — YES NO CIB COMMITTEE 2. Has this person/firtn ever been a ciry empioyee? YES NO — STqFF 3. Does [his persoNfirm possess a sldll not nortnally possessetl by any curteM city — employee? DI5iRICTCAUNQL YES NO SUPPORTS WHICH COUNCIL OBJECTIVE? Explain all yes answers on separate sheet and attach W green sheet INITIATING PFiOBLEM, ISSUE, OPPOflTUNIN (WHO, WHAT, WHEN, WHEflE, WHV): Upon execu6on and approval of this Agreement #79942, the City of Sairrt Paul shall ihereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operetion, maintenance, repair and/or reconstruction of the portions witlwut cost or expense to the State of Minnesota. ADVANTAGESIFAPPflOVED Resolve a long sianding jurisdictlonal quesiion beiween llie Ciry of Saint Paul and the State of Minnesota. This agreemeM will allow City of Saint Paul Public Works SVeet Maintenance Division to bring lliese roads up to current standaNs. ,.. ��Q� ��$YG� �� , DISADVANTAGES IF APPROVED� None _ - DISADVANTAGES IF NOT APPROVED: Another agreement will have to be negotiated. �"�"'r� 70TALAMOUNTOFTRANSACTION$ $B7�},044.00 COST/REVENUEBUDGETED(CIRCLEONE) YES No FUNDING SOUHCE St o f Minnesoh, DeparlmeMof Transportation pCINITY NUMBER 225-42310.3450 FINANCIAL INFORMATION: ( GLE/Iz