01-1316p. y t P� o
� �'� � 1 a, Q�� i i t i
t � :0,.1 �
�..� i � . `ea , :
Green Sheet # ' � � � � �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # 0� � � _����
--�--�
Resolution #
�
.�
Committee: Date
2
0
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Approval of Joint Powers Agreement with Metro Transit and Metropolitan Council Concerning the
Riverview Corridor Project
WHEREAS, the City of Saint Paul desires implementation of the Riverview Corridor Transit Project (Project)
in cooperation with Metro Transit and the Metropolitan Council; and
WHEREAS, the City of Saint Paul is steadfast in supporting the Project with elements as listed in City Council
Resolution O1-814, dated August 8, 2001, relating to preferred route alignxnent, pedestrian access, station
design and location, redevelopment, and diversion of traffic onto Shepard Road; and
WFIEREAS, the City of Saint Paul supports the following Project elements as recommended by the Riverview
Corridor Citizens Workgroup�in September, 2001 and subsequently adopted by the Metropolitan Council on
November 7, 2001 such that:
— Seventh 7`� Street be the alignment for the Local Transit Improvement Project
— The alignment be extended to Maplewood Ma11 on the east side and the Mall of America on the
west side; and
WHEREAS, the City desires to establish a process for swift and effective implementation of the various
elements of the Project; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WHEREAS, City ask HRA to undertake land acquisition necessary for Station and Station Area development
fiu�ther described in E�ibit A, of the Draft Joint Powers Agreement; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WT�EREAS, the City of Saint Paul has entered into a Joint Powers Agreement with the Metropolitan Council
totalling $46.1M for the Riverview Conidor Project, and
WIIEREAS, this agreement designates the City of Saint Paul as the responsibie parry for $22.SM for: station
area planning, land acquisition, road design and construction, Phalen coordination, signalization and EIS
and preliminary design of interchanges.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
° � � - I3��,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint Paul approves the aitached Joint
Powers Agreement; and
BE IT FURTIIER RESOLVED, that the "Riverview Comdor Project" will include $22,500,000 financing
from the Metro Transit which represents the estimated amount of the project that will be the responsibility of
the City of Saint Paul, and
BE IT FINALLY RESOLVED, by the Council of the City of Saint Paul, upon recoxnmendation of the Mayor
and advice of the Long Range Capital Improvement Budget Committee, that $ 22,500,000 is available for
appropriation in the 2002 Capital Improvement Budgets, as heretofore adopted and amended by this Council,
be hereby further amended in the Improvement Budgets, in the following particulars:
FINANCING PLAN
Riverview Corridor Project
CO2-2XXXX
Metro Council
SPENDING PLAN
Riverview Corridor Project
CO2-2�
Conshuction
�'�,, y"�. 1 r^o s� �� S
� t 3�„1 � 3 g $ ; d t +
�`ael Y �, � "4.r ; '! U S�4 �.»
Current
Budget
1 11
1 11
Changes
22,500,000.00
22,500,000.00
Amended
Budget
22,500,000.00
22,500,000.00
Aequested by Department of:
Plannin & Economic De lo ment
♦
By:
Approved by Financ' erv ces
By: � � �
\
By:
Apprwed by
By:
Form Approved b
By:
:d by May
By:
Adopted by Council: Date ��O O�.
Adoption Cer*+f;Prl ht, rn,,,,�;� cP�rPrar.,
DEPARTMENIYOFFICE/COUNCII.: DATE IIVITiATED GREEN SHEET No.: 110668
- Planning & Economic Dev. December 12, � �-� �(�
2001
CONTACI' PERSON & PHONE: INiTTAClDATE INiTIAIJDATE
Allen I.ovejoy 6-6576 � z rm nmscrox 4 CTfY COUNCIL D. BOSIROM
MUST BE ON COUNCII, AGENDA BY (DATE) �IC'N 3_C1TY AITORNEY - CITY CLERK
5 FINANCIAL SERV _1_ B. GEURS
DECCIDUET' 19, Z.00I �g ffiER 6 MAYOR (OR ASST.)
ROUTING
ORDBB
TOTAL # OF SIGNATURE PAGES _7_(CLIP ALL LOCATIONS FOR SIGNAT[JRL�')
ACTION REQUESTED:
��
RECOMI��NDATIONS: Approve (A) or Rejut (R) .. PERSONAL SERVICE CONTRACl'S M[7ST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION , 1. Hu this peison/firm evet worked under a contract for this depaztrnent?
' CIB COMMiTTEE Yes No
CIVII. SERVICE COMMLSSION 2. Hu this person/firm ever been a ciTy employee?
Yes No
3. Does this person/fum possess a skill not normally possessed by any cutrent city employee?
Yes No
E�lain all yes answers on separate sheet aud attach to green sheet
INITIATiNG PROBLEM, ISSiJE, OPPORTUNIT'Y (Whq What, When, Where, Why): .
Through the adoption of the attached resolution, direct staff to negotiate and execute a Joint Powers Agreement
among the City, Metro Transit and Metropolitan Council for the purpose of implementing the Riverview Corridor
Busway,
, ADVANTAGESIFAPPROVED:
Allows the City to implement the $46.1 million Riverview Corridor project in conjunction with Metro Transit.
DISADVANTAGES IF APPROVED: �
None
DISADVANTAGES IF NOT APPROVED:
The City will miss this opporiunity to use the $46.1 million to do redevelopment of neighborhood centers in
conjunction with substantial transit improvements between the West 7`" Gateway area and Hillcrest Shopping area.
TOTAI, AMOLIVT OF TRANSACTION: $22.5 million COST/REVENOE BUDGETED:
� F�7NDING SOURCE: State Grant ACTIViTP NUMBER: CO2-2XXXX
FINANCIAI, INFORMATION: (EXPLAIN)
. Fund 148
KVSM1arcd�PMU.O V EJOi'�FOrms�greensht wpd
DEPARTMENTOFPLANNING
& ECONOMIC DEYELOPMENT
Tony Schertler, Intenm Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
TO:
FROM:
�
January 8, 2002
Council President Dan Bostrom
25 Wut Fourth Street
Saint Paul, eLA�55102
Councilxnember Jay Benanau
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilxnember Kathy Lantry
Councilmember Jim Reiter
Tony Schertler, PED Interim Director ��
�a�
� / %
Telephone: 651-266-6 �00
Facsimile: 651-Z28-3220
Di- �"J\�
JOINT POWERS AGREEMENT FOR RIVERFRONT BUSWAY PROJECT
C.F. 01-1316 with Attachments
Please find attached the Joint Powers Agreement between the Metropolitan Council and the City
of Saint Paul for the Implementation on The Riverview Corridor Busway Project. This document
with attachments is in substantially final form and is recommended for approval by the
Admiuistration.
Attachment
K:�Shazed�Ped�PT7LVERytpaasA 10202.geu�s.wpd
Draft City
JOINT POWERS AGREEMENT � � �, � \ �'
BETWEEN METROPOLITAl� COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE INiPLEMENT:�TION OF
THE RTVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution by both of the
parties, is made by and between the Metropolitan Council (the "Council"), a public corporation
and political subdivision of the State of Minnesota and the City of Saint Paul (the "Ciry"), a
municipal corporation.
Background Recitals
Pursuant to Minnesota Statutes Chapter 473, the Council is cutrently responsible for the
construction and operation of the public transit system within the Minneapolis-St. Paul
metropolitan region ("Metropolitan Area"), including the City.
2. In 2000, the Minnesota Legislature appropriated from the general fund 525,000,000 in
fiscal year 2001 and $19,000,000 in fiscal year 2002 to the Council for public
improvements of a capital nature for engineering, design and construction of an exclusive
bus transitway, including but not limited to, acquisition of land and right-of-way
(Minnesota Laws 2000 Chapter 492).
Further, in 2000, the Minnesota Legislature appropriated to Metropolitan Council
$6,300,000 for engineering, design and construction of bus transitways, including but not
limited to, acquisition of land and rights-of-way (�finnesota Laws Chapter 479).
Collectively the above-named appropriations are referred to in this Agreement as the "State
Appropriations".
3. The Saint Paul City Council passed Resolution 0�-97� on October 18, 2000, selecting the Bus
Rapid Transit altemative for the Riverview Corridor for further examination subject to the
condition that more citizen participation be required.
4. In December 2000, the Council allocated $46.1 million of State Appropriations consisting of $44
million of Laws 2000 Chapter 492 appropriations and 52.1 million of Laws 2000 Chapter 479
appropriations for a busway in the Metropolitan Area to the Riverview Corridor ("Ricerview
Corridor Busway ProjecY') or ("Riverview Busway") located in Saint Paul, as shown in E�chbit
A.
5. In April, 2001, the Council initiated an EIS for the Ricerview Corridor Bus�cay Project, a
Corridor Management Committee ("Corridor Management Committee"), a Technical Advisory
Comixrittee ("Technical Advisory Committee") and a Citizens Workgroup (`'Citizens
-- 1 --
Draft City
Workgroup") to review and make recommendations to the Council on the EIS. d ��� 31 �°
6. On August 8, 2001, the Saint Paul City Council adopted Resolution 01-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Counc� to enter into a joint
agreement to construct the Riverview Busway.
7. The Citizens Workgroup, after conducting numerous sessions reviewing four separate alignments
within the Riverview Comdor, at its September 12, 2001 meeting recommended:
. That the 7`" Street alignment be the prefeired altemative for the Riverview-
Corridor Busway Project and
. That the 7`" Street alignment be extended to Maplewood Mall on the east side and
the Mall of America on the west, and
. That additional funds be obtained and used to modify the 35E interchanges to
divert traffic from West 7�` Street to Shepazd Road, and
. That citizen input should be a part of the planning process for the Riverview
Busway.
• That the original recommendation of the Citizens Workgroup of an EIS for the
entire Riverview Corridor Busway Project be modified into a recommendation for
an EIS to be compieted which would address potential interchange modifications at
Shepard Road and I-35E and Shepard Road and West Seventh Street.
6. The Corridor Management Comrnittee on September 27, 2001, approved the
recommendation of the Citizens Workgroup.
7. The Saint Paul Planning Commission on October 19, 2001, approved a process for station area
planning and public participation with the objective of preparing a master plan for station areas
within the Riverview Corridor Busway Project.
8. The Council's Transportation Committee on October 22, 2001, accepted the recommendations
of the Citizens Workgroup and Comdor Management Committees, and adopted the Scope and
Implementation Plan as presented.
9. The Council accepted and approved the recommendations of the Transportation Coum�ittee on
December:l2, 2001, and
-- Z --
Draft City
6�-11�b
10. The Council and the City have prepared an outline of the scope of wark and budget allocation
of the funds for the Riverview Corridor Busway Project: and
11. The Council has deteimined that it will make a good faith effort to provide sufficient fleet for
the Riverview Corridor Busway Project.
12. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the River�lew Corridor
Busway Project and have detemrined that it is in their mutual best interests and in the interests of
the public to set forth their agreement in a Joint Powers Agreement for the Riverview Corridor
Busway Project pursuant to their powers and authority under Minnesota Statutes Chapters 473,
, Minnesota Statutes § 471.59 and other applicable statutes.
13. The parties have passed Resolutions or taken other action listed as follows authorizing their
officials to execute this Joint Powers Agreement between and among the Parties which contains
the following terms and conditions with respect to the engineering, design and construction of the
Riverview Comdor Busway Project.
Resolutions DatePassed Resolution\o.
Council 12/12/O1 Action Item
2001-502
City
Agreement
Now, therefore, for mutual valuable consideration, the sufficiency of which has been agreed
to by the parties, the Council and the City agree as follows:
I.
°3--
Draft City
Purpose
The purpose of this Agreement is to set forth the agreements made bet�veen the parties on topics
and issues with respect to the engineering, design and construction of the Riverview Corridor
Busway Project.
II.
Station Area Planning
at-�3ab
A. Definition. For purposes of this Agreement, Station area planning ("Station Area Planning"
consists of the following elements:
(1) Development and implementation of a public participation process consisting
of the establishment of three Station Area Advisory Task Forces, i. e. one
Station Advisory Task Force to be established for each of the following
areas of St. Paul: West Seventh between Shepard/Davern and Smith;
Downtown; Eastside; and
(2) Development of a master plan for the River�iew Corridor Busway Project
which includes plans for each station area, redevelopment plans
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is E�chibit A, which shows the Council's expected
locations for bus stations along the Riven�iew Comdor Busway Project.
C. Responsibilitv. The City shall be responsible for development and implementation of
Station Area Planning.
The City sha11 develop and complete Station Area Planning in consultation with Council
staff and the Council's consultant for technical assistance.
�
Draft City
O� -131�
The City shall ensure that to the greatest extent possible Station Area Advisory Task Forces
established pursuant to Station Area Planning work cooperatively with the Citizens
Workgroup to facilitate public input on the individual station azeas.
Further, the City shall ensure that the redevelopment plans and implementation strategies
developed pursuant to Station Area Planning for the Riverview Comdor Busway Project
includes the bus stations in the locations shown on E�ibit A and that the existing zoning
or rezoning done by the City with respect to the Riverview Corridor Busway Project is
appropriate for the Council's bus stations in the locations shown on E�ibit A.
III.
Land Ac uisition
A. Definition. For purposes of this Agreement, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemnation, of land pazcels at Riverview Corridor Busway
Project sites identified by the City and Council for future transit-oriented development.
Land Acquisition includes the purchase price or condemnation coimnissioners' award
("Purchase Price") and associated acquisition costs including but not limited to real estate
appraisals, title work, legal Fees and related costs, relocation, demolition of existing
building, environmental investigation and cleanup, if necessary, acquisition of the parcels
including negotiations, closings, document recording and other associated closing
procedures and condemnation costs ("Acquisition Cosu")
As of the date of this Agreement, the City and Council have identified the properties shown
on E�ibit B attached hereto and made a part hereof as property tentatively to be acquired
for the Riverview Corridor Busway Project. Prior to the actual start of acquisition of any
parcel, the City will submit to the Council for the Council's review aud approval a Land
Acquisition plan showing the specific pa�•cels to be acquired.
-- 5 --
Draft City
bt-l31l�
B. Responsibilitv.
(1} The City shail be responsibie for Land Acquisition. The City may utilize the
services of the Housing and Redevelopment Authority in and for the City of St. Paul
to accomplish Land Acquisition. The City may subdivide the pazcels which have
been acquired as Land Acquisition. With respect to the parcels or portions thereof
acquired by the City as Land Acquisition which the Council in iu sole discretion
has determined are necessary for construction, operation and maintenance by the
Council of the bus facilities in the tentative locations shown on E�ibit B, the City
sha11 convey to the Council marketable fee title or such other real property interest
as agreed to by the parties to those parcels or portions thereof free of interests, liens,
or encumbrances which the Council determines will interfere with construction,
operation or maintenance of the Council's bus facilities. The determination as to
the type of property interest to be conveyed to the Council shall be agreed to by the
parties for each pazcel or tract acquired by the City. The fmai determination as to
the type of property interest to be conveyed to the Council for each parcel or tract
acquired by the City shall be made by the Council.
With respect to those parcels or portions thereof on �vhich the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title or a
pennauent easement, prior to conveyance to the Council of the real property
interests necessary for construction, maintenance and operation of the CounciPs
facilities as provided in this Section III of this Agreement, the City will hace
completed a Phase I and if recommended m the Phase I, a Phase II environmental
investigation on the sites and will either:
�
Draft City
o c-131�
a. Certify that no hazardous wastes, pollutants or contaminants as those terms
are defined under any federal, State of Minnesota or local statute, ordinance,
code or regulation has been found on the sites; or
b. If hazardous wastes, pollutants, or conta as those teims are defined
under any federal, State of Minnesota or local statute, ordinance, code or
regulation have been found on the site, the City will certify that it has
completed the Response Action Plan approved by the applicable regulatory
agency and received a no association letter, no action/no further action letter
and other environmental regulatory assurances govemin� the site naming the
Council as a beneficiary of all such environmental regulatory assurances.
The City will provide to the Council copies of Phase I and Phase II
environmental investigations, the approved Response Action Plan, and the
envixonmental assurance letters nanvng the Council as bzneficiary prior to
transfer of title to and acceptance of title to the site by the Council.
(2) With respect to those parcels or portions thereof on which the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title, thirty
days prior to the date of conveyance of each pazcels or portions thereof, the City
shall furnish to Council an abstract of title or a registered property abstract, certified
to date to include proper searches covering bankruptcies, state and federal
judgments and liens, and levied and pending special assessments. The Council shall
be allowed ten (10) business days after receipt of abstract for examination of title
and making any objections which shall be made in writing or deemed waived. If
any objection is so made, the City sha11 have ten (10) business days from receipt of
the Council's written objections to notify the Council of the Ciry's intention to
make title marketable within 30 days from the City's receipt of such written
objection. Tf notice is given, the conveyance hereunder required shall be postponed
-- 7 --
Draft City
a�-tS\6
pending conection of title, but upon correction of title and within ten (10) days after
written notice to the Council the parties shall perform this Agreement according to
its terms. If notice is given but title is not corrected within the time provided for,
the City will reimburse to Council the Acquisition Costs of the parcel or portion
thereof for which title is not mazketabie. 7he Council agrees to accept an owner's
title policy in the full amount of the conveyance in lieu of an abstract of title if the
property is subject to a master abstract or if no abstract of titie is in the City's
possession or control. If the Council is to receive such policy (1) the title
examination period shall commence upon the Council's receipt of a current title
insurance commitment.
(3) The City may For purposes of transit-oriented development related to the Riverview
Corridor Busway Project either retain, sell or transFer those pazcels or portions
thereof acquired as Land Acquisition pursuant to this Section III of this Agreement
detemvned by the Council in its sole discretion to be not necessary for construction,
operation and maintenance of the Council's bus facilities in the Riverview Comdor
Busway Project.
The City will reimburse to the Council (a) the fair mazket value less reasonable
eapenses associated with the sale of the Land Acquisition parcels or portions
thereof retained or sold by the City for transit-related development; and (b) the non-
Purchase Price Acquisition Costs associated with the City's acquisition of the pazcel
or portions thereof retained or sold by the City.
For puiposes of this Agreement, the fair market value of the pazcels or portions
thereof is either the price at which the City sells the pazcel or portion thereof to an
independent buyer in an am�s length transaction or the fair market value determined
by an independent fee appraiser whose selection is mutually agreed to by the
��
Draft City
6 � — tJ l{,
Council and the Ciry, whichever is higher, less the value of any improvements that
may ha�e been provided by the City.
(4) The City shall market and sell the parcels or portions thereof acquired as Land
Acquisition pursuant to this Section III of this Agreement for the purpose of transit-
oriented development related to the Riverview Corridor Busway Project.
(5) The Council will advance funds to the City for Land Acquisition upon
certification by the City that the City has initiated acquisition of a parcel or parcels
by purchase or condemnation, provided however, that the amount of funds
advanced to the City by the Council shall be the amount certified by the City to be
necessary for acquisition of individual pazcel or pazcels on which the City has
commenced acquisition.
(6) The maximum amount of funds to be advanced by the Council to the City for
Land Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed
to by the Parties.
(7) The City agrees to complete Land Acquisition and reimbursement to the Council
pursuant to this Section III of this Agreement by December 31, 2004 unless
otherwise agreed to by the parties. In addition, no later than December 31, 2004,
the City will reimburse to the Council any funds plus accrued interest that have been
advanced by the Council to the City for Land Acquisition and remain unspent on
December 31, 200A.
(8) The Council will be responsible for acquisition of the property necessary for
construction of the transit hub at Maplewood as shown on Exlubit A.
:�
Ltraft City
O\-\3l�
��
Road Design and Construcrion
A. Definition — West 7'" Street Roadwav. For purposes of this Agreement, road design and
construction of the West 7`" Street Roadway ("West 7`" Sueet Roadway") is the preparation
of construction plans, specifications, cost estunates for all roadway improvements and
modification of adjoining areas to accommodate the Rivervie�v Corridor Busway Project on
West 7�` Street between I-35E and Downtown St. Paul, , advertisement and award of design
and construction contracts, contract administration, and construction inspection.
B. Res�onsibilitX West 7'" Street Roadwav.
1. The City shall be responsibie for completion of the West 7`" Street Roadway of the
Riverview Corridor Busway Project. The parties agree that the `Vest 7"" Street
Roadway design and construction will be done in stages.
2. During the design of a stage of the West 7�` Street Roadway, the City sha11
incorporate into construction plans, design and engineering elements provided to the
City by the Council associated with Riverview Corridor Busway station needs,
inciuding but not lunited to the following design elements: relocation of utility
manlioles, light bases, curbs, drainage changes, fences and other obstructions
around station areas.
Prior to start of construction of a stage, the City shall submit to the Council for
Council's review and approval the final construction documents which will include
plans, specifications and a proposed construction schedule for the Riverview
Corridor Busway Project. To the greatest extent possible, the proposed construction
schedule shall be in compliance with E�ubit C attached hereto and made a part hereof.
-- 10 --
Draft City
a �-��\�
4. The City shall advertise for bids for construction of the West 7`" Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract with a
successful bidder, and construct the West 7`" Street Roadway in accordance with the
plans and specifications, reviewed and approved by the Council and designated as
the West 7`� Street Roadway. The City's advertisement for bids and construction of
the West 7�' Street Roadway shall be in compliance with all applicable provisions of
the State Appropriation, Minuesota state law, and regulations, inciuding but not
limited to compliance with prevailing wage requirements, applicable federal law
and regulations and any applicable local ordinaaices, a11 of which shall be considered
a part of this Agreement as though fully set forth herein.
5. The City will administer the contract and inspect the construction of the contract
work for the West 7`" Street Roadway. The work included in the West 7`" Street
Roadway may be inspected periodically by the CounciPs authorized representative,
but the Council's authorized representative will not have responsibility for the
supervision of the work If the Council reasonably deternrines the work included in
the West 7'" Street Roadway has not been constructed substantially in accordance
with the construction documents, the Council through its authorized representative
sha11 inform the City in writing of such defects. The City shall require its
Contractor to make the corrections and/or meet the requirements requested by the
Council through its authorized representative. All work included in the `Vest 7�`
Street Roadway shall be performed in substantial accordance with the construction
documents approved by the Council. The City will inform the Council in writing of
completion of construction of West 7�` Street Roadway. Within a reasonable time
thereafter, the Council will inform the City in writing either that the West 7'" Street
Roadway as constructed confom�s to the construction documents approved by the
Council or that the West 7`" Street Roadway does not conform to the approved
construction documents. The Council will further inform the City of the specific
reasons for non-conformance to the construction documents and what steps, in the
-- 11 --
Draft City
° �-17i(,
opinion of the Council, must be taken by the City to make the West 7`� Street
Roadway conform to the construction documents. The final decision on
conforn�ance of the West 7'" Street Roadway to the construction documents w71 be
made by the Council. Evidence of the CounciPs decision that the West 7`" Street
Roadway conforms to the construction documents approved by the Council will be
in writing by letter from the CounciPs General Manager of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`" Street Roadway not confortn
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
construction documents.
The City will submit any amendments to or material changes in the approved West
7`� Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which revie�v and approval wili
not be unreasonably withheld and will be provided to City in a timely inauuer. Such
amendments to the approved final construction documents and/or changes in the
construction schedule must be submitted to the Council's authorized representative
at least thirty (30) days prior to the implementation of such change. The City agrees
that it will not proceed with amendment to or changes in the approved final
construction documents or construction schedule of the West 7'" Street Roadway
until the Council has consented to such change in accordance �vith its procedures
and has approved such change in writing as evidenced by letter to the City from the
Council's authorized representative.
C. Maintenance and Operation -West 7�' Street Roadway. Except for those real property
interests conveyed to the Council pursuant to Section III of this Agreement and the bus
facilities installed by the Council, the City will own, operate and maiutain the West 7�'
Street Roadway, which maintenance will include priority curb-to-curb snowplowing on the
-- 1 -_
Draft City
West 7`" Street Roadway. This provision will survive termination of this Agreement..
b � - t'3�6
D. Definition — Phalen Roadwav. For purposes of this Agreement, road design and
construction of the Phalen Roadway ("Phalen Roadwa}�') is the prepazation of construction
plans, specifications, cost estunates for all roadway improvements and modification of
adjoining azeas to accommodate the Riverview Corridor Busway Project in the future
Phalen Corridor beriveen Arcade Street and Johnson Parkway as shown on E�ubit A
attached hereto, advertisement and award of design and construction contracts, contract
administration and construction inspection. The Phalen Roadway will form an integral
portion of the Riverview Comdor.
E. Res�onsibilitv — Phalen Roadwav. The City shall be responsibie for the completion of the
Phalen Roadway and upon compietion of construction, the Phalen Roadway will become a
portion of the Riverview Corridor Busway Project to be used by Council buses traveling
within the Busway Project. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Council for the CounciPs review and approval, the final construction
documents which will include plans, specifications, and a proposed construction schedule
for the Phalen Roadway. To the greatest extent possible, the proposed construction
schedule sha11 be in compliance with Exhibit C attached hereto and made a part hereof.
F. Maintenance and Ooeration — Phalen Roadwav. Except for bus facilities installed by the
Council, the City will own, operate and maintain the Phalen Roadway, which maintenance
will include priority curb-to-curb snowplowing on the Phalen Roadway. This provision
will survive ternunation of this Agreement.
-- 13 --
Draft City
��-'�7\(
V.
Si�,�nalization
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modifications to existing signal systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
B. Responsibilitv.
The City shall have responsibility to design, construct and implement Signalization
and will utilize consultant eapertise as needed. The City's design, instailation and
implementation of Signalization shall be in compliance with all applicable
provisions of the State Appropriation, Minnesota State law and regulations,
including but not limited to compliance with prevailing wage requirements,
applicable federal law and regulations and any applicable local ordinances, all of
which shall be considered to be a part of this Agreement as though fully set forth herein.
2. During the design stage of Signalization, the City shall incorporate into the final
installation documents elements provided to the City by the Council associated with
Signalization needs.
3. The City wi11 submit plans and specifications for Signalization to the Council for
review and approval by the CounciPs Metro Transit Division and shall include in
the final Signalization plans and specifications items required by the Council.
4. The City will adtninister the contract and inspect the installation of the contract
work for the Signalization. The work inciuded in the Signalization may be
inspected periodically by the Council's authorized representative, but the Council's
authorized representative will noi have responsibility for the supervision of the
-- 14 --
Draft City
� � `�� 1C
work. If the Council reasonably detemvnes the work included in the Signalization
has not been installed substantially in accordance with the construction documents,
the Council through its authorized representative shall inform the City in writing of
such defects. The City shall require its Contractor to make the corrections andlor
meet the requirements requested by the Council through its authorized
representative. All work included in the Simalization shall be performed in
substantial accordance with the approved installation documents. The City will
inform the Council in writing of completion of construction of Signalization.
Within a reasonahle time thereafter, the Council will inform the City in writing
either that the Signalization as installed conforn�s to the installation documents
approved by the Council or that the Signalization does not conform to the approved
installation documents. The Council will further infonn the City of the specific
reasons for non-conformance to the installation documents and what steps, in the
opinion of the Council, must be taken by the City to make the Signalization
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Council. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Manager
of Metro Transit. Metro Transit will not unreasonably withhold acceptance of the
Signalization. If the Councii has informed the City that the Signalization does not
confoisn to the installation documents in accordance with this Paragraph �V, the
City will take the steps necessary to make the Signalization conform to the
installation documents.
5. The City will submit any amendments to or material changes in the approved
Signalization final installation documents, including the installation schedule, to the
Council for review and approval, which approval will not be unreasonably withheld
and will be provided to the City in a timely manner. Such amendments to the
approved final installation documents and/or changes in the construction schedule
-- 15 --
Draft City
��-1�11
must be submitted to the Councii's authorized representative at least thirty (30) days
prior to the implementation of such change. The City agrees that it will not proceed
with amendment to or changes in the approved final installation documents or
installation schedule of the Signalization until the Council has consented to such
change in accordance with its procedures and has approved such change in writing
as evidenced by letter to the City from the CounciPs authorized representative.
C. Signalization. The City shall own, operate and maintain Signalization. Prior to completion
of Signalization by the City, the parties wili enter into an operation agreement which will
address how the City will operate Signalization, require the City to coordinate with the
Council in operation of Signalization, and provide that the City may not significantly
modify its operation of Signalization without the CounciPs approval.
VI.
EIS and Preliminary Design of Interchanges
Definition. For purposes of this Agreement, Federai Highway EIS and preliminary design of
interchanges ("Federal Highway EIS and Preliminary Design of Interchanges") means the
preparation of an Environmental Impact Statement ("EIS") and related preliminary design for the
proposed modifications to the interchanges at Shepazd Road at I35E and Shepard Road at THS.
Resroonsibilitv. The City shall be responsible for being the lead agency in the EIS and
Preliminary Design of Interchanges process together with participation of Ramsey County and
MrrDOT as required by their responsibilities for the interchanges and together with the Federal
Highway Administration as the lead federal agency.
VII.
Station Design and Construction
-- 16 --
Draft City
Ot-i�1S�
Definition. For purposes of this Agreement station design and construction ("Station Design and
Construction") means the prepazation of preliininary and final design plans and construction
documents and construction for the station sites including ITS equipment in the Riverview
Corridor Busway Project.
Responsibilitv. The Council shall be responsble for Station Design and Construction of each
station site within the Busway, the locations of which sites are shown on Exhibit A to this
Agreement. As more fully provided in Section III, Paraa aph 3, of this Agreement, the Council
shall review and approve Road Design and Construction to ensure that street improvements
accommodate the Station Design and Construction at each station location.
II
Off Board Fare Collection System
Definition. For purposes of this Agreement, off board faze collection system ("OffBoazd Faze
Collection System") means a self-service proof of payment system using ticket vending machines
("TVMs") and validators which are located on the station platforms.
Responsibility. The Council will be responsible for implementation of the Off Board Faze
Collection System.
�A`�
Service Plan
Definition. For purposes of this Agreement, service plan ("Service Plan") means a plan which
provides for frequency of limited stop bus operations and bus stop locations from downtown St.
Paul to the Mall of America during the interim stage of implementation of the Riverview
-- 17 --
Draft City
Dt—\7\b
Corridor Busway Project and from Maplewood Mall to Mall of America during the final stage of
the Busway Project.
Responsbilitv. The Council shall develop the Service Plan during design and construction of
each stage of the Riverview Corridor Busway Project. The City and the Council will individually
and cooperatively pursue funding to support the acquisition by the Council of new low-platform
buses to serve the Riverview Corridor Busway Project and to support the incorporation of the
latest bus technology that minimizes noise and air quality impacts.
/�
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibility: The Council shall be responsible for Public Art.
1�
Traffic Studies
Definition. For purposes of this Agreement, traffic studies ("Traffic Studies") means studies to
identify the projected level of service and the need for diamond lanes for the Riverview Corridor
Busway Project.
Responsibilitv. The Councii has the responsibility to perform Traffic Studies.
�
Draft City
��-��\�
Future Traffic Studies. If the Council and the Ciry determine the need for futute traffic studies,
The City and the Council will jointly determine the subject matter, scope and responsibility for
such traffic studies.
,� 1 .
�nancial Plan and Payment
A. Estimated BudQets. The parties agree that the budget estimates for each of the items listed
in Sections II through X of this Agreement are as follows:
Section of
This Agreement
II
III
III
IV
IV
V
VI
Item Description
Station Area Planning
Land Acquisition
Land Acquisition (Maplewood Hub)
Road Design and Construction
Road Design and Construction (Phalen)
Signalization
EIS and Preliminary Design of
Responsbilitv
City
City
Council
City
City
City
Interchanges City
VII Station Design and Construction Council
VIII Off Board Fare Coilection System Couucil
VII ITS System Council
VII, IX Planning, Design, Public Involvement Council
X Public Art Council
None Specific Staff and Contingency Council
TOTAL
Budaet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
3,500,000
�46,100,000
The budget estunates as listed above include work completed or currently underway by City staff
and City's consultant as of the date of this Agreement.
B. Reimbursement bv the Council. As further provided in this Section XII and subject to
Section XIV, Paragraph E of this agreement, the Council shall reimburse the City for the
items listed above in Section XII.A. as the City's responsibility based upon the calculations
for the costs for each item as shown above.
The Council has no obligation to reimburse the City for or make any payments to the City
-- 19 --
Draft City
c�-t5\�
for any work or items except those items listed above in this Paragraph X[I.A.
Unless otherwise agreed to by the parties by written amendment to this Agreement, the
maxiinum reimbursement by the Council to the City for each line item sha11 be the amount
stated under the Budget amount above in Section XII.A.
The parties further agree that the budget for each item shown above in Section XII.A and in
Exhibit E are estimates of the budget and that the unit prices set forth in each of the City's
contracts and final quantities as measured by the Council shall govern in computing the
final costs for each item for purposes of reimbursement.
In the event, the City deternrines the need to amend its contract(s) with a suppiemental
agreement or change order in accordance with Sections IV and V of this Agreement which
results in an increase in the contract amount. The Council agrees to reimburse to the City
the increased amount as documented in the supplemental agreement or change order in
accordance with the terms of this Agreement.
In no event shall the CounciPs obligation to reimburse the City for the items listed in
Section XII.A. as the responsibility of the City exceed $21,450,000.
C. Terrns of Payment. Except for (a) the specific provisions of this subparagraph �vith respect
to the West 7�` Street Roadway and the Phalen Roadway and (b) the provisions in Section
III of this Agreement with respect to Land Acquisition and (c) Signalization, payment will
be made by the Councii upon completion of each of the items by the City and promptly
after City presentation of invoices for services performed and acceptance of such services
by the Council's authorized agent. Invoices shall be submitted with the following
information: a project nuxnber to be supplied by the Council; a sequential invoice number;
the filing address, if different from the business address; a description and supporting
documentation of the work performed; the total request for funds, and an original
documentation of the work performed; the total request for funds; and an original signature
by the City's authorized agent. Reimburseznent shall be made by the Council not to exceed
each invoiced amount within thirty (30) days after the City presents the Council �vith the
invoices for eligible costs incurred under the scope of work identified above.
With respect to the West 7`" Street Roadway design, the Council will reimburse the City for
design services as accrued and billed every 30 days up to a maYimuxn of 14% of the
estimated roadway construction costs until the time a West 7�' Street Roadway construction
contract is awarded. The Council will reixnburse the City for additional design and
inspection services as accrued by the City after the West'7"` Street Roadway construction
contract award up to a xnaximum of 25°/a of final construction contract award — i.e. the
reimbursement by the Council to the City on a 30 day basis for design services prior to
award of the West 7`" Street Roadway construction contract plus reimbursement on a 30
day basis by the Council to the City for post-construction awazd design and inspection
services shall not exceed 25% of the construction contract award for the West 7"' Street Roadway.
--2�--
Draft City
6 1-t7tb
With respect to the West 7'" Street Roadway construction contracts, upon the City's request
and submission to the Council of certification that the City has awarded the contract for
construction of the West 7`� Street Roadway and will issue the notice to proceed for Road
Design and Constsuction within 30 days, the Council will advance to the City an amount
not to exceed 25% of the construction cost in the awarded contract for construction of the
West 7'" Street Roadway.
With respect to the Phalen Roadway, upon the City's request and submission to the Council
by the City that the City has obtained the necessary funds for and consequently will proceed
with construction of the Phalen Roadway, the Council will pay to the City $2,000,000
either as an advance toward construction of the Phalen Roadway or as reixnUursement for
design services already performed by the City for the Phalen Roadway or a combination of
both design and construction.
With respect to Signalization, upon the City's request and submission to the Council of
certification that the City has awarded the contract for installation of Signalization and will
issue the notice to proceed for Signalization within 30 days, the Council will advance to the
City an amount not to exceed 25°!0 of the installation cost in the awarded contract for
installation of Sigialization.
Conditions of Pa�ment. All services provided by the City pursuant to this Agreement sha11
be performed to the satisfaction of the Councii, as deternvned at the sole discretion of the
CounciPs authorized agent, and in accordance with all applicable federal and state laws
including but not limited to Minnesota Laws, Chapters 479 and 492, and applicable local
ordinances. If the City, its contractors, or subcontractors submit work which is not
acceptable to the Council, the Council shail state with particularity iu �vbat respect the work
submitted is unacceptable, and the City, its contractors and subcontractors sha11 be given a
reasonable opportunity to correct any objections by the Council. If, aRer reasonable
coirective efforts by the City, the Council remains unsatisfied with the work, or concludes
that the work was performed in violation of federal ar state law, the City shall not receive
payment for such work or, if the City has been advanced funds for the �vork pursuant to this
Agreement, shall reimburse to the Council such advanced funds..
D. Items to be Paid. Subject to the provisions of Section XIV, Pazagraph E of this Agreement,
the Council sha11 pay for the items listed in Section XII
of this Agreement as the responsbility of the Councii.
E. State Appropriations Allocation. The parties agree that as of the date of this Agreement,
the funding for the Riverview Corridor Busway Project is from State Appropriations which
are appropriations of $25,000,000 in fiscal yeaz 2001 and $19,000,000 in fiscal year 2002
to the Council for public improvements of capital nature for engineering, design and
construction of an exclusive bus transitway including but not limited to, acquisition of land
and right-of-way and an appropriation of $2, l Oq000 to the Council for engineering, design
-- 21 --
Draft City
a �—I,1S,
and construction of bus transitways.
The parties agree that if the amount of State Appropriations to the Council as stated above
in this paragraph — i.e. the amount of $46,100,000, decreases for any reason, this
Agreement shall terminate unless within 60 days of written notification by the Council to
the City of such decrease, the parties have executed a written amendment to this Agreement
which specifically provides for the items to be completed in light of the decreased
appropriations, and the estimated costs and responsbilities for those items.
Upon termination of this Agreement due to decrease in the amount of State Appropriations,
the Council has no further obligations under this Agreement except for rennbursement of
costs incurred by the City pursuant to this Agreement prior to tern�ination. The City agrees
to include in any contracts which the City will pay with funds provided by the Council
under this Agreement, a termination clause which allows the City to terminate the contract
with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate. Upon
termination of this Agreement due to rescission of State Appropriations, the Council has no
obligations under this Agreement.
F. Authorized Aeents. The Council's authorized agent for the purpose of adu�iuistration of
this Agreement is the Council's Regional Administrator or his designee, 230 East Fifth
Street, St. Paul, MN 55101-1626, (651) 602-1713, or his successor. Such agent shall have
final authority for acceptance of the City's services and if such services are accepted as
satisfactory, sha11 so certify on each invoice submitted. The City's authorized agents for the
purpose of administration of this Agreement are the Department of Economic Development
Director or his designee and the Public Works Department Director or his designee at City
Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6576.
XDT.
Schedule
The parties agree that the items listed in Sections II tlu XI of this Agreement shall be
completed in accordance with the schedule attached hereto and made a part hereof as E�chibit C.
The Councii reserves the right to request periodic progress reports from the City on the items
listed as the City's responsibility under Paragraph XII.A. of this Agreement. The City agrees that
a11 items listed as the responsibility of the City in Section XII of this Agreement sha11 be
completed no later than December 31, 2004 and that the Council has no obligation to reimburse
the City for any items which have not be substantially completed by December 31, 2004. Further
the City agrees to reimburse to the Council on December 31, 2004, any and all funds which haue
been advanced to the City by the Council pursuant to this Agreement for items for which the City
is responsble and which have not been substantially completed by December 31, 2004.
-- 22 --
Draft City
6�-lSt4�
XIV
General Provisions
A. Term of Aareement. This Agreement shall be effective on the date of execution by both
parties and shall remain in effect until December 31, 2004 unless otherwise agreed to by the
parties.
B. Canceilation. The Council may cancei this Agreement, with cause upon 60 days written
notice to the City. Upon termination by the Council, with cause, the Council has no further
obligations under this Agreement except for reimbursement of costs incurred by the City
prior to termination in accordance with the provisions of this Agreement.
C. Inswance. Each party agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
Council's liability is govemed by the provisions of Minnesota Statutes, Chapter 466. The
City and the Council each warrant that each party is able to comply with the
aforementioned indemnity requirements through an inswance or self-insurance program
and have minimum coverage consistent with the liability limits contained in Minnesota
Statutes, Chapter 466.
D. Emplo�. All employees of each party and all persons engaged by each Party in the
perfoiniance of any work or services required or provided for herein to be performed by
each party shall not be considered employees of any other party and that any and all claixns
that may or might arise under the Workers' Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so engaged,
and any and all claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged, on any of the work or services pro�ided to be
rendered herein, shall in no way be the obligation or responsibility of any other party.
E. Applicable Provisions of Law. The Parties shall to comply with applicable provisions and
requirements of the State Appropriations to the Council Minnesota state law, and
regulations including but not limited to compliance with prevailing wage requirements,
federallaw and regulations and of any applicable local ordinances all of which shall be
considered a part of this Agreement as though fully set forth herein.
F. No Discrimination. The City agrees to comply with all applicable laws relating to non-
discrimivation and affinnative action. In particular, the City agrees not to discrimivate
against any employee or applicant for employment because of race, color, creed religion,
siz, sexual orientation, marital status, status with regard to public assistance, membership
-- 23 --
Draft City
6�-t"11b
or activity in a local rights commission, disability, age, or national origin, and further agrees
to take affirmative action so that applicants and employees aze treated equatly with resgect
to all aspects of employment and compensation. The City agrees to comply with Minnesota
Statutes section 363.03, subdivision 4, regazding non-discrinvnation in the provision of
public services, in undertaking the Busway Project.
G. Public Data. The City agrees that the reports and any new information that is developed
with the assistance of reimbursement by the Council pursuant to this Agreement is in the
public domain and may not be copyrighted. The City shall comply with the Miunesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administeriag data under
this Agreement.
H. Entire Agreement. It is understood and agreed that the entire agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereo£ All items referred to in tbis
Agreement are incorporated or attached and are deemed to be part of this Agreement. Any
alterations, variations, modifications, or waivers of provisions of the Agreement shall only
be va7id when they have been reduced to writing as an amendment to this Agreement
signed by the parties hereto.
L Severabilitv. The provisions of this Agreement sha11 be deemed severable. If any part of
this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the parts which
aze void, invalid or otherwise unenforceable shall substantially impair the value of the
entire Agreement with respect to the parties. One or more waivers by said party of any
provision, term, condition or covenant sha11 not be construed by the other party as a waiver
to a subsequent breach of the same by other parties.
J. Time of Essence. The parties agree that time is of the essence with respect to the
provisions of this Agreement.
XV.
Ethics
A. Code of Ethics. The Parties agree to maintain a written code or standards of conduct that
shall govern the perfoiniance of its officers, employees, board members or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from any present
or potential contractor. They may set minimum rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. This code or
standards sha11 also prohibit the Parties' officers, employees, board members or agents from
using their positions for a purpose that constitutes or presents the appearance ofpersonal or
organizational conflict of interest or personal gain. As pennitted by State or local law or
regulations, the code of standazds shall include penalties, sanctions, or other disciplinary
-- 24 --
Draft City
O i -t'�\t�
actions for violations by the Parties officers, employees, board members or agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or standards of conduct shall prolubit their
employees, officers, and boazd members from participating in the selection, awazd, or
administration of a third party contract if a real or apparent conflict of interest would be
involved. Such a conflict would arise when any of the following parties has a financial or
other interest in the entity selected for awazd: (a) an employee, officer, board member or
agent; (b) any member of his or her immediate famil.y, (c) his or her partner; or (d) an
organization that employs, or intends to employ, any of the above.
C. Or�anizational Conflicts of Interest. The Parties code or standazds of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of
interest. An arganizational conflict of interest exists when the nature of the work to be
performed under a proposed third pariy contract or may, without some restrictions on future
activities, result in an unfair competitive advantage to the third party contractor or impair
its objectivity in performing the contract work.
A. Debarment and Sus�ension, The Parties agree to comply, and assures the compliance of
each third party contractor and at any tier, with Executive Orders Nos. 12549 aud 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide Debannent and Suspension (Non-procurement)," within 49 C.F.R. Part
29.
XVI.
Accounting and Availability of Records Requirements
A. Documentation of Project Costs. Ali costs charged to the Busway Project must be
supported by proper documentation, including properiy executed payrolls, time records,
invoices, contracts, or vouchers, evidencing the nature and propriety of the charges.
B. Accounts and Records. The City agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expenditure of ali costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the property records. These project accounts and
records shall be retained intact the County for at lease si�c (6) years following the end of the
term of this Agreement. These requirements sha11 survive temvnation of this Ageefnent.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the State Auditor,
or any of their duly authorized representatives at any time during normai business hours,
and as offen as they reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, or records, which aze
pertinent to the accounting practices and procedures of the other party hereto and involve
transactions relating to this Agreement for a minimum of six (6) years from the expiration
of this Agreement. This provision shall survive ternunation of this Agreement.
-- 25 --
� �
DI'3ft Cl�
8 �-����
IN TESTINIONY WHEREOF, the Parties hereto ha�e caused tl�is Agreement to be executed
by their respective duly authorized representatives.
CITY OF SAINT PAUL METROPOLTTAN COUNCIL
C��
Its
Date
Approved as to Form
�
Its
Date
Approved as to Fomv
Office of the City AttorneyOffice of Cseneral Counsel
-- 26 --
„ �
Draft City
b � -t'JI�
�•��:
A-- MAP SHOWING LOCATION OF RIVBRVIEW CORItIDOR AND EXPECTED
LOCATIONS OF BUS STATIONS ALONG RIVERVIEW CORRIDOR BUSWAY
PROJECT
B-- MAP SHOWIIVG EXPECTED ACQUISITIONS OF PROPERTY FOR THE
RIVERVIEW CORRIDOR BL3SWAY PR03ECT
C -- SCHED[JLE
D �-1715�
F�hi.bic 9
Riverview Corridor 'U'�
QMe17oTrdnSlt I ' AlignmenUStations
&2W, inc.
Riverview Corridor November 12, 2001
6�-171�
Exhibit B
Riverview Corridar
Proposed Acquisitions for Transit Stations
and Transit Oriented Development
Pronertv Identifzcation Address
Number
Davern station
212823140002 2526 West 7' Street
212823140004 2516 West 7`" Street
212823140003
212823140001 2525 West 7�' Street
Otto station
112823340174 1419 West 7`" Street �
142823210001 1428 West 7'" Street
Randolph station
112823410011 1017 West 7"' Street
112823140039 southeast corner of Randolph and West 7`" Street
Metro State station
322922130038 680 East 7`" Street
Hillcrest station '
222922110017 1661 White Bear Avenue
222922110150 1675 White Bear Avenue
O�-\�\�..
U �,
;� �
� �
'� U
X �
W
7
^ f�
LL
yr
�
.�
vJ
�
�
�
�
U
�
^�
�.1�
�
C
�
C ^,
W
/��
VJ
L
Q
�
�L
L
�
U
3
m
.�
�
��/
I..L
�
•��.. �
i�1 yN
O � �
-� �' p"' U
� •x, cd s.
� O � �
� � a ¢� �
�,
� b � o w
� �
a rx v� v� w
�
N
�
0
0
0
0
0
0
N
�
O
O
�
S
�
O
O
�
r
m
�
g
N
�
�
° o
N
ti
�
O
O
N
h
C
�
�
O
O
N
�
Q
�
O
O
N
V
h
M
�
Y
H
b�-����
U �,
� �
� �
'� U
W �
�
.�
c
ca
L
�
Q
L
-1.-�
N
�
c
ca
�
�
�
�
c
a�
a
�
L
�
�
�L
L
O
U
�
�
.�
�
N �
I ..L
V
%
� � V �
U � � � ,�
�°�° o Q � " �
o. � c �
Ca � W •� � � J
o W ' ...
� `� � � � o �
� w � a U a
0
0
0
0
�
�
�
0
0
0
0
�
�
�
�
�
0
�
N
w
0
c
rn
�
° o
0
0
�
v
w
0
0
0
0
�
[V
�
O
O
O
O
0
b
�
O
O
O
O
O
W
r
�
�
H
, �
/
s��xT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Coleman, Mayor
DATE: December 31, 2001
TO: Council President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilmember Kathy Lantry
Councilmember Jim Reiter
FROM:
�
Tony Schertler, PED Acting
JOINT POWERS AGRE
C.F. 01-1316 Item #37
DEPARTMENT OFPLANNI�G
& ECONOMIC DEVELOPMEV"C
Brian Sweeney, Director
2� West Fourth Street
SrtinePau[, MN5�102
�'m 7 �
a ,oa
l-O r ,�,�
��G
Telephone: 6il-266-6700
Facsimile: 65/-128-3210
FOR RIVERFRONT BUS�VAY PRO7ECT
Please find attached the Joint Powers greement between the Metropolitan Council and the City
of Saint Paul for the Implementation n The Riverview Corridor Busway Project. This
document is in substantially final f and is recommended for approval by the Administration.
Attachment
l�
K:\Shared\Ped�PUL V ER\j tp wrs.010202. geurs. wpd
Draft 12/31/Ol-Ciry
JOINT POWERS AGI2EEMENT
BETWEEN METROPOLITAN COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE IMPLEMENTATION OF
THE RIVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution both of the
parties, is made by and between the Metropolitan Council (the "Council"), a lic corporation
and political subdivision of the State of Minnesota and the City of Saint Pa (the "City"), a
municipal corporation.
Background Recitals
l. Pursuant to Minnesota Statutes Chapter 473, the
construction and operation of the public transit s
metropolitan region ("Metropolitan Area"), inch
i� currently responsible for the
thin the Minneapolis-St. Paul
City.
p�_�'>\4,
In 2000, the Minnesota Legislature appropri ed from the general fund $25,000,000 in
fiscal yeaz 2001 and $19,000,000 in fiscal ear 2002 to the Councii for public
improvements of a capital nature for eng' eering, design and construction of an exclusive
bus transitway, including but not limit to, acquisition of land and ri;ht-of-way
(Minnesota Laws 2�QQ Chapter 492)
Further, in 2000, the Minnesota gislature appropriated to Metropolitan Council
$6,300,000 for engineering, des' n and construction of bus transitways, including, but not
limited to, acquisition of land d rights-of-way (Minnesota Laws Chapter 479).
Collectively the above-nar�d appropriations are referred to in this Ageement as the
"State Appropriations".
3. The Saint Paul City Co il passed Resolution 00-970 on October 18, 2000, selecting the
Bus Rapid Transit alte tive for the Riverview Corridor for further exanunation subj ect to
the condition that mor citizen participation be required.
4. In December 2000, e Council allocated $46.1 million of State Appropriations consisting of
$44 million of La s 2000 Chapter 492 appropriations and $2.1 million of Laws 2000
Chapter 479 ap opriations for a busway in the Metropolitan Area to the Riverview
Comdor ("Riv rview Comdor Busway Project") or ("Riverview Busway") located in Saint
Paul, as sho�/n in Exhibit A.
5. In April. 2�001, the Council initiated an EIS for the Riverview Corridor Busway Project, a
Corridoi�Management Committee ("Corridor Mana�ement Committee"), a Technical
--1--
Draft 12/31/O1-City
o � -t� 1.(�
Advisory Committee ("Technical Advisory Committee") and a Citizens Workgroup
("Citizens Workgroup") to review and make recommendations to the Council on the EIS.
6. On August 8, 2001, the Saint Paul City Council adopted Resolution O1-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Council to enter ii
joint a�eement to construct the Riverview Busway. /
The Citizens Workgroup, after conductin� numerous sessions reviewing four azate
alignments within the Riverview Corridor, at its September 12, 2001 meeti recommended:
• That the 7` Street al �°nment be the preferred altemative for the Rive - iew-Corridor
Busway Project and
• That the 7"' Street alignment be extended to Maplewood Mall o the east side and the
Mall of America on the west, and
• That additional funds be obtained and used to modify the E interchanges to divert
traffic from West 7�' Street to Shepard Road, and
• That citizen input should be a part of the plannin� pr ess for the Riverview Busway.
. That the original recommendation of the Citizens orkgroup of an EIS for the enrire
Riverview Corridor Busway Project be modified nto a recommendation for an EIS to be
completed which would address potential inte hange modifications at Shepard Road
and I-35E and Shepard Road and West Seve th Street.
8. The Corridor Management Committee o September 27, 2001, appro��ed the
recommendation ofthe Citizens Work oup.
9. The Saint Paul Planning Commissio n October 19, 2001, approved a process for station
area planning and public participati n with the ob}ective of preparing a master plan for
station areas within the Riverview Comdor Busway Project.
10. The Council's Transportati n Committee on October 22, 2001, accepted the
recommendations of the itizens Workgroup and Corridor Management Committees, and
adopted the Scope and plementation Plan as presented.
i l. The Council accepte and approved the recommendations of the Transportation
Committee on Nov mber 12, 2001, and
12. The Council an the City have prepazed an outline of the scope of work and budget
allocation of e funds for the Riverview Corridor Busway Project, which outline is
attached he to and incorporated herein as Eachibit B, and
13. The Co cil has determined that it will make a good faith effort to pzovide sufficient fleet
for the iverview Corridor Busway Project.
-- 2 --
Draft 12/31/Ol-City
b t - 1'�Lt,
14. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the Riverview Corridor
Busway Project and have deterxnined that it is in their mutual best interests and in the
interests of the public to set forth their agreement in a Joint Powers Agreement for the
Riverview Comdor Busway Project pursuant to their powers and authority under
Minnesota Statutes Chapters 473, , , Minnesota Statutes § 1.59
and other applicable statutes.
15. The parties have passed Resolutions or taken other action listed as follows thorizing
their officials to execute this Joint Powers Agreement beriveen and amo the Parties
which contains the following terms and conditions with respect to the gineerin„ design
and construction of the Riverview Corridor Busway Project.
Resolutions
Council
Date Passed
12/12/Ol
No.
-502
City
Now, therefore, for mutual valuable cor
by the parties, the Council and the City
n, the sufficiency of which has been agreed to
foilows:
I.
Purpose
The putpose of this Agreement is
and issues with respect to the eng
Busway Pro}ect. �
forth the agreements made between the parties on topics
ig design and construction of the Ricerview Comdor
II.
Station Area Pianning
A. Definition. For p oses of this Agreement, Station area planning ("Station Area Plauning"
consists of the f lowing elements:
(1) Develo ment and implementation of a public participation process consistin�
of establishment of three Station Area Advisory Task Forces, i.e. one
St ion Advisory Task Force to be established for each of the following
eas of St. Paul:West Seventh between Shepazd/Davem and Smith;
��
Draft 12/31/O1-City
a�-��t�
Downtown; Eastside; and
(2} Development of a master plan for the Riverview Corridor Busway Project
which includes plans for each station area, redevelopment plans,
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is Eathibit C, which shows the Council's expected
locations for bus stations along the Riverview Corridor Busway Project.
�
Responsibility. The City shall be responsible for development and
Station Area Planning.
��
The City shall develop and complete Station Area Planning in consult ion with staff of the
Council's Metro Transit Division and the Council's consultant for t �cal assistance.
The City shall ensure that to the greatest extent possible Station ea Advisory Task Forces
established pursuant to Station Area Planning work cooperati ly with the Citizens
Workgroup to facilitate public input on the individual statio areas.
Further, the City shall ensure that the redevelopment
developed pursuant to Station Area Planning for the
includes the bus stations in the locations shown on F�
and implementation strategies
�ie�v Corridor Busway Project
C and that the existing zoning or
rezoning done by the City with respect to the Riv iew Corridor Busway Project is
appropriate for the Council's bus stations in the ocations shown on Exhibit C.
III
Land A uisition
A. Definition. For purposes of this Agree ent, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemn on, of land pazcels at Riverview Corridor Busway
Project sites identified by the City d Council for future transit-oriented development.
Land Acquisition includes the pur ase price or condemnation commissioners' award
("Purchase Price") and assoc
appraisals, title work, relocat
investigation and cleanup, if
closings, document
costs ("Acquisition
Acquisition pl showing the specific parcels to be acquired.
�te acquisition costs including but not limited to real estate
�, demolition of existing building, environmental
�ecessary, acquisition of the pazcels including negotiations,
and other associated closing procedures and condemnation
As of the date of this greement, the City and Council have identified the properties shown
on Exhibit D attache hereto and made a part hereof as property tentaticely to be acquired
for the Riverview orridor Busway Project. Prior Io the start actual acquisition of any
parcel, the City 11 submit to the Council for the Council's review and approval a Land
-- 4 --
Draft 12/31/O1-City
Ot-t�l�
B. Responsibilitv. (1) The City shall be responsible for Land Acquisition. The City may
utilize the services of the Housing and Redevelopment Authority in and for the City of St.
Paul to accomplish Land Acquisition. The City may subdivide the parcels which have been
acquired as Land Acquisition. With respect to the parcels or portions thereof acquired by
the City as Land Acquisition which the Council in its sole discretion has determined ar
necessary for conshuction, operation and maintenance by the Council of the bus fa � ities
in the locations shown on E�ibit C, the City shall convey to the Council marke le fee
title or such other real properry interest as agreed to by the parties to the Co il to those
parcels or portions thereof free of interests, liens, or encumbrances which e Council
determines will interfere with consriuction, operation or maintenance o the CounciPs bus
facilities. The determination as to the type ofproperty interest to be onveyed to the
Councill be agreed to by the parties for each pazcel or tract acquir d by the City.
With respect to those parcels or portions thereof on which
property interest to be conveyed by the City to the Counci
easement, prior to conveyance to the Council of the real�
thereof necessary for construction, maintenance and
provided in this Section III ofthis Agreement, the C
recommended in the Phase I, a Phase II environm�hl
either: �
have agreed that the
fee title or a permanent
:rty interests sites or portions
i of the Council's facilities as
will have completed a Phase I and if
investi�ation on the sites and will
a. Certify that no hazardous wastes, po utants or contaminants as those terms are
defined under any federal, State of innesota or local statute, ordinance, code or
regulation has been found on the ites; or
b. If hazardous wastes, pollut s, or contaminants as those terms are defined under
any federal, State of Minn ota or local statute, ordinance, code or regulation have
been found on the site, t City will certify that it has completed the Response
Action Plan approved the applicable regulatory agency and received a no
association letter, no ction/no further action letter and other environmental
regulatory assuranc s goveming the site naming the Council as a beneficiary of all
such environmen 1 regulatory assurances.
The City will rovide to the Council copies of Phase I and Phase II environmental
investigatio , the approved Response Action Plan, and the envuonmental
assurance tters naming the Council as beneficiary prior to transfer of title to and
of titie to the site by the Council.
�2)
With resp ct to those parcels or portions thereof on which the parties have agreed that the
propert interest to be conveyed by the City to the Council is fee title, thiriy days prior to
the da of conveyance of each pazcels or portions thereof, the City shail fumish to
Co cil an abstract of title or a registered property abstract, certified to date to include
-- 5 --
Draft 12/31/O1-City
O�—��l�e
proper seazches covering banlmiptcies, state and federal judgments and liens, and levied
and pending special assessments. The Council shall be allowed ten (10) business days
after receipt of abstract for examination of title and making any objections which shall be
made in writing or deemed waived. If any objection is so made, the City shall have ten
(10) business days from receipt of the Council's written objecrions to notify the Council
of the City's intention to make title marketable within 30 days from the City's recei of
such written objection. If notice is given, the conveyance hereunder required sh be
postponed pending correction of title, but upon correction of title and within n(10) days
after written notice to the Council the parties shall perform this Agreeme according to
its terms. If notice is given but title is not corrected within the time p vided for, the City
will reimburse to Council the Acquisition Costs of the parcel or po on thereof for which
title is not marketable. The Council agrees to accept an owner' itle policy in the full
amount of the conveyance in lieu of an abstract of title if the operty is subject to a
master abstract or if no abstract of title is in the City's pos ssion or control. If the
Council is to receive such policy (1) the title examinatio period shall commence upon
the Council's receipt of a current title insurance co � ment.
(3) The City may for purposes of transit-oriented
Corridor Busway Project either retain or sell �
Land Acquisition pursuant to this Section III
Council in its sole discretion to be not neces
maintenance of the CounciPs bus facilitie�
(4)
(5)
related to the Riverview
h� e parcels or portions thereof acquired as
this Agreement determined by the
uy for construction, operation and
the Riverview Comdor busway Project.
The City will reimburse to the Counci a) the fair market value less reasonable expenses
associated with the sale of the Land cquisition parcels or portions thereof retained or
sold by the City for transit-related evelopment; and (b) the non-Purchase Price
Acquisition Costs associated wit the City's acquisition of the parcel or portions thereof
retained or sold by the City.
For purposes of this Agreem t, the fair market value of the parcels or portions thereof is
either the price at which th City seils the parcel or portion thereof to an independent
buyer in an arms length tr saction or the fair mazket value determined by an independent
fee appraiser whose sel tion is mutually agreed to by the Council and the City,
whichever is higher le s the value of any improvements that may have been provided by
the City.
The City shall m ket and sell the parcels or portions thereof acquired as Land
Acquisition pu uant to this Section III of this Agreement for the purpose of transit-
oriented deve pment related to the Riverview Corridor Busway Project.
The
City
will advance funds to the City for Land Acquisition upon certification by the
City has initiated acquisition of a parcel or parcels by purchase or
n, provided however, that the amount of funds advanced to the City by the
�
Draft 12/31/Ol-City
b�-t,�t�
(6)
��)
�
Council shall be the amount certified by the City to be necessary for acquisition of
individual pazcel or parcels on which the City has commenced acquisition.
The maxunum amount of funds to be advanced by the Council to the City for Land
Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed to b}
Parties. �
The City agrees to complete Land Acquisition and reimbursement to e Council
pursuant to this Section III of this Agreement by December 31, 2 4 unless otherwise
agreed to by the parties. In addition, no later than December3 2004, the City will
reimburse to the Council any funds plus accrued interest tha ave been advanced by the
Council to the City for Land Acquisition and remain unsp t on December 31, 2004.
The Council will be responsible for acquisition of the roperiy necessary for construction
of the transit hub at Maplewood as shown on Exhib� C.
IV.
Road Design and
A. Definition - West 7t Street Roadwav. For
construction of theWest 7"' Street Roadwa
of construction plans, specifications, cost
modification of adjoinin� areas to acco m
West 7t Street between I-35W and D ntc
design and construction contracts, c tract
�
p,tirposes of this A�reement, road design and
/("We`st 7"' Street Roadway") is the prepazation
stimates for ali roadway improvements and
odate the Riverview Corridor Busway Project on
�wn St. Paul, , advertisement and award of
administration, and construction inspection.
The City shall be resp sible for completion of the West 7"' Street Roadway of the
Riverview Corridor sway Project. The parties agree that the West 7` Street
Roadway design an construction will be done in stages.
During the desi of a stage of the West 7` Street Roadway, the City shall
incorporate int construction plans, design and engineering elements provided to
the City by Council associated with Riverview Corridor Busway station needs,
including b t not lnnited to the following design elements: relocation of utility
manholes ight bases, curbs, drainage changes, fences and other obshuctions
2.
around s�'ation areas.
3. Pnor o start of conshuction of a stage, the City shall submit to the Council for
Co cil's review and approval the final construction documents which will include
p s, specifications and a proposed construction schedule for the Riverview
-- 7 --
Draft 12/31/Ol-City
�l-171�
Comdor Busway Project to the greatest extent possible. The proposed construction
schedule shall be in compliance with Exhibit F attached hereto and made a part hereof.
4. The City shall advertise for bids for construction of the West 7�' Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract wi1
successful bidder, and construct the Riverview Corridor Busway Proj ect in
accordance with the plans and specifications, reviewed and approved by th ow
and designated as the Riverview Corridar Busway Project. The City's
5.
advertisement for bids and construction of the Riverview Corridor b way Project
shall be in compliance with all applicable provisions of the State ppropriation,
Minnesota state law, and regulations, including but not limite o compliance with
prevailing wage requirements, applicable federal law and r lations and any
applicable local ordinances, all of which shall be consid ed a part of this
Agreement as though fully set forth herein.
The City will administer the contract and insoec,rthe construction of the contract
work for the West 7"' Street Roadway. The �/ork included in the West 7`� Street
Roadway may be inspected periodically b the Council's authorized representative,
but the CounciPs authorized representa �ve will not have responsibility for the
un 1 reasonably determines the work included in
been constructed substantially in accordance
he Council through its authorized representative
such defects. The City shall require its
, and/or meet the requirements requested by the
Council through its autho ' ed representative. All work included in the West 7`"
Street Roadway shall b erformed in substantial accordance with the construction
documents approved the CounciL The City will inform the Council in writing of
completion of const ction of West 7` Street Roadway. Within a reasonable time
thereafter, the Co cil will inform the City in writing either that the West 7"' Street
Roadway as con ructed conforms to the construction documents approved by the
Council or that he West 7"' Street Roadway does not conform to the approved
construction ocuments. The Council will further inform the City of the specific
reasons for on-conformance to the construction documents and what steps, in the
opinion o the Council, must be taken by the City to make the West 7`'' Street
Roadw conform to the construction documents. The finai decision on
confo ance of the West 7t Street Roadway to the construction documents will be
mad by the Council. Evidence of the Council's decision that the West 7`'` Street
Ro dway conforms to the construction documents approved by the Council will be
i writing by letter from the Council's General Mana�er of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`� Street Roadway not conform
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
supervision of the work. If the (
the West 7"' Street Roadway has
with the construction dc
shall inform the City in
Contractor to make the
�
Draft 12/31/O1-City
construction documents.
6. The City will submit any amendments to or material changes in the approved West
7t Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which review and approval
approval will not be unreasonably withheld and will be provided to City in a ti 1}
manner. Such amendments to the approved final construction documents or
changes in the construction schedute must be submitted to the Council' authorizet
representative at least thirty (30) days prior to the implementation o uch change.
The City agrees that it will not proceed with amendment to or ch ges in the
approved final construction documents or construction schedul of the West 7"'
Street Roadway until the Council has consented to such cha e in accordance with
its procedures and has approved such change in writing as videnced by letter to the
City from the Council's authorized representative.
C. Maintenance and Operation -West 7` Street Roadway. Ex ept for those real property
interests conveyed to the Council pursuant to Section II f this Agreement and the bus
facilities installed by the Councii, the City will own, o erate and maintain the West 7"'
Street Roadway.
6i-�a 1�
D. . Definition - Phalen Roadwav._ For purposes o his Agreement, road design and __ ______ .
constnxction of the Phalen Roadway ("Phale oadway") is the prepazation of construction
plans, specifications, cost estimates for all adway improvements and modification of
adjoining areas to accommodate the Riv iew Comdor Busway Project in the future
Phalen Corridor between Arcade Stree and 7ohnson Parkway as shown on Exhibit Al
attached hereto, advertisement and a ard of design and construction contracts, contract
administration and construction in ection. The Phalen Roadway will form an inte�ral
portion of the Riverview Corrido .
E. Res onsibilit - Phalen Roa va . The City shall be responsible for the completion of the
Phalen Roadway and upon ompletion of construction, the Phalen Roadway will become a
portion of the Riverview orridor Busway Proj ect to be used by Council buses traveling
within the Busway Proj ct. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Co ncil for the Council's review and approval, the final construction
documents which w' include plans, specifications, and a proposed construction schedule
for the Phalen Roa way. The the greatest extent possible, the proposed construction
schedule shall be n compliance with Exhibit F attached hereto and made a part hereof.
F. Maintenance d O eration - Phalen Roadwa . The City will own, operate and maintain
the Phalen oadway.
�
Dra812/31/Ol-City
b t -l� tio
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modificarions to existing si�al systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
V.
Signalization
B. Responsibilitv.
2.
The City shall have responsibility to design, construct and � plement Signalization
and will utilize consultant expertise as needed. The Ci s design, installation and
implementation of Signalization shall be in compli ce with all applicable
provisions of the State Appropriation, Minnesot tate law and regulations,
including but not limited to compliance with p evailing wage requirements,
applicable federal law and regulations and y applicable local ordinances, all of
which shall be considered to be a part of is Agreement as though fully set forth herein.
During the design stage of Sign�
installation documents elements
Signalization needs.
the City shall incorporate into the final
to the City by the Council associated with
3. The City will submit plans and
review and approval by the C
the final Signalization plans�n
pecifications for Signalizarion to the Council for
iciPs Metro Transit Division and shall include in
specifications items required by the Council.
4. The City will administer e contract and inspect the installation of the contract
work for the Signalizati . The work included in the Signalization may be
inspected periodically y the Council's authorized representative, but the Council's
authorized represent ive will not have responsibility for the supervision of the
work. If the Counc' reasonably determines the work included in the Signalization
has not been insta ed substantially in accordance with the construction documents,
the Council thro gh its authorized representative shall inform the City in writing of
such defects. e City shall require its Contractor to make the corrections and/or
meet the requ ements requested by the Council through its authorized
representati e. All work included in the Signalization shall be performed in
substantia accordance with the approved installation docuxnents. The City will
inform t Council in writing of completion of construction of Signalization.
Within reasonable time thereafter, the Council will inform the City in writing
either at the Signalization as installed conforms to the installation documents
appr ved by the Council or that the Signalization does not conform to the approved
in allation documents. The Council will further inform the City of the specific
isons for non-conformance to the installation documents and what steps, in the
inion of the Council, must be taken by the City to make the Si�nalization
-- 10 --
at-�a�cp
Draft 12/31/O1-City
5.
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Councii. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Mana ei
of Metro Transit. Metro Transit will not unreasonably withhold acceptance e
Signalization. If the Council has informed the City that the Signalizati does not
conform to the installation documents in accordance with this Paza ph IV, the
City will take the steps necessary to make the Signalization co rm to the
installation documents.
The City will submit any amendments to or material
Signalization fmal installation documents, includi
Council for review and approval, which approv wi
and will be provided to the City in a timely m er.
approved final instruation documents
must be submitted to the Council's ac
prior to the implementation of such cl
with amendment to or changes in the
installation schedule of the Signaliz
change in accordance with its proc i
as evidenced by letter to the City or.
S.14anges in the approved
the installation schedule, to the
1 not be unreasonably withheld
Such amendments to the
in the construction schedule
hor' ed representative at least thirty (30) days
e. The City a�rees that it will not proceed
proved final instaliation documents or
m until the Council has consented to such
�es and has approved such change in writing
the Council's authorized representative.
C. Sienalization. The City shall own, op ate and maintain Signalization. Prior to completion
of Signalization by the City, the part� s will enter into an operation agreement which will
address how the City will operate S�gnalization, require the City to coordinate with the
Council in operation of Signalizat� n, and provide that the City may not significantly
modify its operation of Signaliza on without the Council's approval.
VI.
EIS an Preliminary Design of Interchanges
Definition. For purposes of t is Agreement, Federal Highway EIS and preliminary design of
interchanges ("Federal Hi ay EIS and Preliminary Design of Interchanges") means the
prepazation of an Enviro ental Impact Statement ("EIS") and related preliminary design for the
proposed modifications the interchanges at Shepard Road at I-35E and Shepard Road at THS.
Responsibility. The ity shall be responsible for being the lead agency in the EIS and
Preliminary Design f Interchanges process together witl� participation of Ramsey County and
MrrDOT as requir d by their responsibilities for the interchanges and together with the Federal
Hiahway Admi 'stration as the lead federal agency.
-- 11--
o�-�� ��
Draft 12/31/Ol-City
VII.
Station Design and Construction
Definition. For purposes of this Agreement station design and construction ("S
Construction") means the prepazation of preliminary and final design plans and
documents and construction for the station sites includin� ITS equipment in e
Corridor Busway Project.
and
Res�onsibilitv. The Council shall be responsible for Station Des' and Construction of each
station site within the Busway, the locations of which sites aze own on Exhibit C to this
Agreement. As more fully provided in Section III, Pazagrap 3, of this Agreement, the Council
shall review and approve Road Design and Construction t ensure that sireet improvements
accommodate the Station Design and Construction at ea station location.
VIII� Board Fare Co ection System
Definition. For purposes of this Agreement, off
Collection System") means a self-service proof�
machines ("TVMs") and validators which are�io�
Responsibility. The Council will be
Collection System.
�ard faze collection system ("Off Board Fare
payment system using ticket vending
ted on the station platforms.
for implementation of the Off Board Fare
IX.
Service Plan
Definition. Far purposes of this A eement, service plan ("Service Plan") means a plan which
provides for frequency of limited top bus operations and bus stop locations from downtown St.
Paul to the Mall of America d� g the interim stage of implementation of the Rivervie�v
Comdor Busway Project and om Maplewood Mall to Mall of America durin� the final stage of
the Busway Project.
Responsibilitv. The
each stage of the Ri�
individually and coo
low-platform buses �
incorporation of th�'
o il shall develop the Service Plan during design and construction of
v' w Corridor Busway Project. The City and the Council will
° atively pursue funding to support the acquisition by the Council of new
seve the Riverview Comdor Busway Project and to support the
test bus technology that minimizes noise and air qualitt� impacts.
-- 12 —
d �.. �'� L�
Draft 12/31/Ol-City
X.
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibilitv: The Council shall be responsible for Public Art.
XI.
Traffic Studies
Defmition. For purposes of this Agreement, traffic studies ("Traffic Stu es") means studies to
identify the projected level of service and the need for diamond lanes r the Riverview Corridor
Busway Project.
Responsibilitv. The Council has the responsibility to perform affic Studies.
Future Traffic Studies. If the Council and the City determi e the need for future traffic studies,
The City and the Council will jointly determine the subj t matter, scope and responsibility for
such traffic studies.
Financial
�
Estimated Bud¢ets. The parties �
listed in Sections II through X of
Section of
This Agreement
II
III
III
IV
IV
V
VI
VII
VIII
VII
VII, I
X�
Land
Land
Road
Road
Payment
�that the bud�et estimates for each of the items
Agreement aze as follows:
Area Planning
tion (Maplewood Hub)
and Construction
and Construction (Phalen)
E and Preliminary Design of
Interchanges
Station Design and Construction
Off Board Faze Collection System
ITS System
Planning, Design, Public Involvement
Public Art
Responsibilitv
City
City
Council
City
City
City
City
Council
Council
Council
Council
Council
Budeet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
--13 --
Ot-t�l(
Draft 12/31/Ol-City
None Specific Staff and Contingency
Council
TOTAL
The above items and associated budget estimates are more fully described in
attached hereto and made a part hereof.
3,500,000
$46,100,000
The budget estimates attached as E�ibit E include work completed or c ently
underway by City staff and City's consultant as of the date of this A eement.
B. Reimbursement b the Council. As further provided in this Se iAn XII and subj ect to
Section XN, Pazagraph E of this agreement, the Council sh reimburse the City for the
items listed above in Section XII.A. as the City's respons' ility based upon the
calculations for the costs for each item as shown above d in Exhibit E attached hereto.
The Council has no obligation to reimburse the City for or make any payments to the City
for any work or items except those items listed ab ve in this Paragraph XII.A.
Unless otherwise agreed to by the parties b�tten amendment to this Agreement, the
maximum reimbursement by the Council to e City for each line item shali be the
amount stated under the Budget amount in ection XII.A.
The parties further agree that the budge for each item shown above in Section XII.A and
in Exhibit E are estimates of the bud t and that the unit prices set forth in each of the
City's contracts and final quantities s measured by the Council shall govern in
computing the final costs for each � em for purposes of reimbursement.
In the event, the City determin s the need to amend its contract(s) with a supplemental
agreement or change arder in ccordance with Section IV, V of this Agreement which
results in an increase in the ntract amount, the estimated cost for the item to be
performed under the contr t, Council agrees to reimburse to the City the increased
amount as documented i the supplemental agreement or change arder in accordance with
the terms of this Agreeyfien
:�
In no event shall th Council's obligation to reimburse the City for the items listed in
Section XII.A. as e responsibility of the City exceed $21,450,000.
Terms of Pa nt. Except for (a) the specific provisions of this subparagraph with
respect to th est 7"' Street Roadway and the Phalen Roadway and (b) the provisions in
Section III f this Agreement with respect to Land Acquisition and (c) Signalization,
payment ill be made by the Council promptly after City presentation of invoices for
service performed and acceptance of such services by the Council's authorized a�ent.
shall be submitted with the following information: a project number to be
-- 14 --
o�-�� i�
Draft 12/31/O1-City
supplied by the Council; a sequential invoice number; the filing address, if different from
the business address; a description and supporting documentation of the work performed;
the total request for funds; and an ori�inal documentation of the �vork performed; the total
request for funds; and an original signature by the City's authorized a�ent.
Reimbursement shall be made by the Council not to exceed each invoiced nt within
thirty (30) days after the City presents the Council with the invoices fo i�ible costs
incurred under the scope of work identified above.
With respect to the West 7"' Street Roadway design, the C cil will reimbursr the City
for design services as accrued and billed every 30 day p to a maximum billed every 30
days up to a maximum of 14% of the estimated roa ay construction costs until the time
a West 7"' Street Roadway construction contract ' awarded. The Council will reimburse
the City for additional design and inspection s ices as accrued by the City after the
West 7` Street Roadway construction contr t award up to a maximum of 25% of final
construction contract awazd - i.e. the
day basis for design services prior a�
contract plus reimbursement on a 30
construction award design and inspe
construction contract award for the/�
ursement by the Council to the City of a 30
of the West 7` Street Roadway construction
basis by the Council to the City for post-
services shall not exceed 25% of the
7"' Street Roadway.
With respect to the West 7"' Str et Roadway construction contracts, upon the City's
request and submission to the ouncil of certification that the City has awarded the
contract for construction of e West 7` Street Roadway and will issue the notice to
proceed for Road Design d Construction within 30 days, the Council will advance to
the City an amount not t exceed 25% of the construction cost in the awarded contract for
construction of the We�f 7` Street Roadway.
With respect to the alen Roadway, upon the City's request and submission to the
Council by the Ci that the City has obtained the necessary funds for and consequently
will proceed wit construction of the Phalen Roadway, the Council w�ill pay to the City
$2,000,000 eith r as an advance toward construction of the Phalen Roadway or as
reimburseme for design services already performed by the City for the Phalen Roadway.
With respe t to Signalization, upon the City's request and submission to the Council of
certificaf n that the City has awarded the contract for installation of Signalization and
will iss e the notice to proceed for Signalization within 30 days, the Council will advance
to the ity an amount not to exceed 25% of the installation cost in the awarded contract
for i stallation of Signalization.
th respect to the Phalen Roadway, upon the City's request and submission to the
ouncil of certification that the City has awarded the contract for desi�n of the Phalen
Roadway, the Council will advance to the City an amount not to exceed 25% of the
design costs in the awarded contract for the Phalen Roadway.
-- 15 --
O(-1���
Draft 12/31/Ol-City
In addition, upon the City's request and submission to the Council of certification that the
City has a�varded the contract for construction of the Phalen Roadway and will issue the
notice to proceed for construction of the Phalen Roadway within 30 days, the Councill
will advance to the City an amount not to exceed 2�% of the construction cost in th�
awazded contract for construction of the Phalen Roadway.
In no event shall the advancement of funds for or reimbursement for the P en Roadway
by the Council exceed $2,000,000.
Conditions of Pavment. All services provided by the City purs t to this Agreement
shall be performed to the satisfaction of the Council, as dete med at the sole discretion
of the Council's authorized agent, and in accordance with applicable federal and state
laws including but not limited to Minnesota Laws, Cha ers 479 and 492, and applicable
local ordinances. If the City, its contractors, or subco actors submit work which is not
acceptable to the Council, the Council shali state w' particularity in what respect the
work submitted is unacceptable, and the City, its ontractors and subcontractors shall be
given a reasonable opporhznity to correct any o �ections by the Council. If, after
reasonable corrective efforts by the City, the ouncil remains unsatisfied with the work,
or concludes that the work was performed i violation of federal or state law, the City
shall not receive payment for such work , if the City has been advanced funds for the _
work pursuant to this Agreement, shall imburse to the Council such advanced funds..
D. Items to be Paid. Subject to the p
A�reement, the Council shall pay
of this Agreement as the responsy
E.
sions of Section XIV, Paragraph E of this
the items listed in Section XII
of the Council.
The parties agree that as of the date of this Agreement,
the funding for the Rivervie Corridor Busway Project is from State Appropriations
which are appropriations $25,000,000 in fiscal year 2001 and $19,000,000 in fiscal
year 2002 to the Counci for public improvements of capital nature for engineering,
design and constructio of an exclusive bus transitway including but not limited to,
acquisition of land right-of-way and an appropriation of 52,100,000 to the Council
for engineering, de gn and construction of bus transitways.
The parties agre that if the amount of State Appropriations to the Council as stated
above in this p agraph - i.e.the amount of $46,100,000 decreases for any reasons, this
Agreement s all terminate unless within 60 days of written notification by the Council to
the City of uch decrease, the parties have executed a written amendment to this
Agreeme which specifically provides for the items to be completed in light of the
decreas appropriations, and the estimated costs and responsibilities for those items.
of this Agreement due to decrease in the amount of State
'�.�
o�_i���
Draft 12/31/Ol-City
Appropriations, the Council has no fiuther obligations under this Agreement except for
reunbursement of costs incurred by the City pursuant to this Agreement prior to
termination. The City agrees to include in any contracts which the City will pay with
funds provided by the Council under this Agreement, a termination clause which allows
the City to terminate the contract with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate.
Upon termination of this Agreement due to rescission of State Appropriations, the
Council has no further obligations under this Agreement.
F. Authorized Agents. The Council's authorized agent for the purpose of a inistration of
this Agreement is Gary Orlich, Project Manager, Metro Transit, 560 Si Avenue North,
Minneapolis, MN 55411-4398, (612) 349-7465, or his successor. S agent shall have
final authority for acceptance of the City's services and if such se ices are accepted as
satisfactory, shall so certify on each invoice submitted. The Ci s authorized agents for
the purpose of administration of this Agreement aze the Dep ent of Economic
Development Director or his designee and the Public Wor Department Director or his
designee at City Hall Annex, 25 West Fourth Street, St. aal, MN 55102, (651) 266-
6576.
XIII.
Schedule
The parties agree fhat the items lisYed in Section�throu�h XI of this Agreement shall be
completed in accordance with the schedule atta ed hereto and made a part hereof as E�ibit F.
listed as the Cit 's res onsibili under P a a h XII.A. of this Aereement. The City agrees
that all items listed as the responsibilit of the City in Saction XII of this Agreement shall be
completed no later than December 3 2004 and that the Council has no obligation to reimburse
the City for any items which have t be substantially completed by December 31, 2004.
Further the City agrees to reimbu e to the Council on December 31, 2004, any and all funds
which have been advanced to t City by the Council pursuant to this Agreement for items for
which the City is responsible d which have not been substantially completed by December 31,
2004.
XIV
General Provisions
A. Term of Ae ement. This Agreement shall be effective on December 31, 2001, or upon
execution f this Agreement by the parties, whichever is eazlier, and shall remain in effect
-- 17 --
a �-�3L(
Draft 12/31/Ol-City
f:�
C.
�
until December 31, 2004 unless otherwise agreed to by the parties_
Cancellation. The Council mav cancel this A�reement, with cause upon 60 days written
notice to the Citv.
Insurance. Each pariy agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
CounciPs liability is governed by the provisions of Minnesota Statutes, C apter 466. The
City and the Council each warrant that each party is able to comply wi the
aforementioned indemnity requirements through an insurance or sel msurance program
and have minimum coverage consistent with the liability limit � tained in Minnesota
Statutes, Chapter 466.
Emplovees. All employees of each party and all persons �aged by each Party in the
performance of any work or services required or provid d for herein to be performed by
each party shall not be considered employees of any her party and that any and all
claims that may or might arise under the Workers' ompensation Act or the
Unemployment Compensation Act of the State Minnesota on behalf of said employees
while so engaged, and any and all claims ma by any third parties as a consequence of
any act or omission on the part of said emp yees while so en'aged, on any of the work
or services provided to be rendered herei , shall in no way be the obligation or
responsibility of any other party.
E. Apolicable Provisions of Law.
and requirements of the State ,
the appropriation must be sper
regulations including but no :
federal law and regulation an�
considered a part of this gree
F
CC�
shall to comply ���ith applicable provisions
is to the Council including the provision that
, Minnesota state law, and
nited to compliance with pre� ailing wage requirements,
of any applicable local ordinances all of which shall be
ient as though fully set forth herein.
No Discrimination. T e City agrees to comply with all applicable la�cs relating to non-
discrimination and firmative action. In particular, the City agrees not to discriminate
against any emplo ee or applicant for employment because of race, color, creed, religion,
six, sexual orient tion, marital status, status with regard to public assistance, membership
or activity in a cal rights commission, disability, age, or national oriain, and further
agrees to take ffirmative action so that applicants and employees aze treated equally with
respect to all spects of employement and compensation. The City agees to comply with
Minnesota tatutes section 363.03, subdivision 4, regarding non-discrunination in the
provision f public services, in undertaking the Busway Project.
ata. The City agrees that the reports and any new information that is de�•eloped
assistance of reimbursement by the Council pursuant to this ��reement is in the
�E:�
O l - �� c.�
Draft 12/31/Ol-City
public domain and may not be copyrighted. The City shall comply with the Minnesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administering data
under this Agreement.
H. Entire A,greement. It is understood and agreed that the entire agreement between the
parties is contained herein and that this Agreement supersedes ail oral a;reements and
negotiations between the parties relating to the subject matter hereof. All items referred
to in this Agreement are incorporated or attached and aze deemed to be part of this
Agreement. Any alterations, variations, modifications, or waivers of provisions of the
Agreement shall only be valid when they have been reduced to writing as an�mendmen
to this Agreement signed by the parties hereto. �
I.
Severabilitv. The provisions of this Agreement shall be deemed
this Agreement is rendered void, invalid or unenforceable, such .
the validity and enforceability of the remainder of this Agreem�nt unless the parts which
�y unpair the value of the
iivers by said party of any
by the other party as a
are void, invalid or otherwise unenforceable shall su
entire Agreement with respect to the parties. One or
provision, term, condition or covenant shall not be a
waiver to a subsequent breach of the same by other F
. If any part of
shail not affect
-- 19 --
o�_ �a cc,
Draft 12/31/Ol-City
XV.
Ethics
A. Code of Ethics. The Parties a�ee to maintain a written code or standazds of conduct that
shall govern the performance of its officers, employees, boud members or agents may
neither solicit nor accept gratuities, favors, or anythin� of monetary value from any
present or potential contractor. They may set minimum rules where the financial interest
is not substantial, or the gift is an unsolicited item of nominal intrinsic v ue. This code
or standazds shall also prohibit the Parties' officers, employees, boar members or agents
from using their positions for a purpose that constitutes or presen the appearance of
personal or organizational conflict of interest or personal gain. As permitted by State or
local law or regulations, the code of standazds shall include enalties, sanctions, or other
disciplinary actions for violations by the Parties officers, mployees, board members or
agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or andards of conduct shall prohibit
their employees, officers, and board members fro participating in the selection, awazd,
or administration of a third party contract if a re 1 or apparent conflict of interest would
be involved. Such a conflict would arise whe any of the following parties has a
financial or other interest in the entity select d for award: (a) an employee, officer, board
member or agent (b) any member of his or er immediate family; (c) his or her partner;
or (d) an organization that employs, or in nds to employ, any of the above.
C. Or¢anizational Conflicts of Interest. e Parties code or standards of conduct must
include procedures for identifying a d preventing real and appazent organizational
conflicts of interest. An or¢anizat' nal conflict of interest exists when the nature of the
work to be performed under a pr osed third party contract or may, without some
restrictions on future activities, esult in an unfair competitive advantage to the third party
contractor or impair its objecf ity in performing the contract work.
D. Debannent and Sus ensio . The Parties agree to comply, and assures the compliance of
each third party contract and at any tier, with Esecutive Orders Nos. 12549 and 12689,
"Debarment and Suspe sion," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide barment and Suspension (Non-procurement)," ���ithin 49 C.F.R.
Part 29.
XVI.
andAvailability of Records Requirements
A. Document ion of Pro'ect Costs. All costs charged to the Busway Project must be
supporte by proper documentation, including properly executed payrolls, time records,
invoice , contracts, or vouchers, evidencing the nature and propriety of the charges.
-- 20 --
01 -ta«
Draft 12;31/Ol-City
B. Accounts and Records. The ctiy agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expendihue of all costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the properiy records. These project accounts and
records shall be retained intact the the County for at lease six (6) years following the end
of the term of this Agreement. These requirements shall survive closeout of the Grant Agreement.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the S e
Auditor, or any of their duly authorized representatives at any time durin ormal
business hours, and as often as they reasonably deem necessary, shall ve access to and
the right to examine, audit, excerpt, and transcribe any books, doc ents, papers, or
records, which are pertinent to the accounting practices and pro dures of the other party
hereto and involve transactions relating to this A,;reement fo a minimum of six (6) yeazs
from the expiration of this Agreement.
IN TESTIMONY WHEREOF, the Parties hereto have
by their respective duly authorized representatives.
CITY OF SAINT PAUL
�
Its
Date
Approved as to Form:
�
Its
Date
this Agreement to be executed
COUNCIL
Approved as to Form:
of the City AttorneyOffice of General Counsel
-- 21--
a�_���
Draft 12/31/O1-City
EXHIBITS
A-- MAP SHOWING LOCATION OF RIVERVIEW CORRIDOR
Al - MAP OF PHALEN CORRIDOR
B-- SCOPE OF WORK AND BUDGET
C-- MAP SHOWiNG EXPECTED LOCATIONS OF BUS STATIONS ALONG
RIVERVIEW CORRIDOR BUSWAY PROJECT.
D-- MAP SHOWING EXPECTED ACQUISITIONS OF PROPERTY
RIVERVIEW CORRIDOR BUSWAY PROJECT ,
E -- COST ESTIMATES
F -- SCHEDULE
, ,.,�
Exti,ti,1 �!
a
�
y
r
�
-- --°-� - -= ' - ` �
i: �
s :• r �-,�- ;' ,�,_ '
�' � , '
F I g • '.�'_ :.. �:� �. i ; ....
_ �.'.. c .
' ¢ ��� ...� • ' .:��---...
o �����
�� � �' �: �/� Y
�CY � � N . �/� �
•y .. o; �y
y �.
.' _ ' "!'. a � � j. w
� � � �r
_ _. _ . ,
.� .
=� = �: � .'- .�,i > �, � �:.' � J '�- -' �
(� o B �,'� � _ _ -- y��. ' 5 - - — E
.. _ . __.. r � o
����' 1� '..� ,^I, y � _ - u � - �� � r _ w ��i
� �' � : : .:... n
.
• _ "N - •_ �. �"_'. - : t�V�; i .-h � > �R O C
.
, _ . w
. ::�� . ��+ �
_... _. .
� _ $�: � m 6 �� � . .` � I V O
J . Y �
, ': q 5 �
. " _"._-.:-. ...`(_;.. . �. . �, � 7G
� n A+-4 " � �' � (�. o
° �° � � O f , U
. a`'- � o y .�.,'.:.�. ^/` '` a.� ac�
3 .'�''. r` — �. - �.l - i� - —� a � '
" . 4 �__ . ";��I� :.... ' .i .! a � `• a
�. , �' � � j , } 't C°) b= `: � °� >
� , . _ __ _ : CCJ � ' � �;� � . x�:,. ` .,; - � -; " � . < �_, .
.l�=.:..�_ .. � � n:— .:-�'� = rU �' : :° �'� .`�`�. �`,
--'�:_': -c - r�~ -- -�° ;� � , .�: m i /
. s �, � ....�; � :: . ; � ..;
��� `�:
� -`- - '� ..:.i ' _...-. . __ F y S � T \ . ~. _ �
; _. �� �. ; :
,
: ..:, �
� � ...d.T.;:. • : .: _.�,... � ! -
� , ,. ' -
-- ' � � - -, - '' - '"" ?.i. ` ` � - :
. .
,
:..__�':...._- 1_
.. �, : _
.
. „_ , �
— , , :_ _ _
.
--::
- .:. ]. . �._.l !,: _ . • .
. _' . .., d � 3
, _ . . �:i.� ' --- n<
- _ _ -�._i- l.,:i;_. � �
�---_. _.. ,
-- � ;- - ,c.� :.- — i r� P_ i ° �
__ __ I J .'� - Q`f..�. . `� � . . '��� `52�� � �U
--- -- , i ' I ' - '' �.: �: ..a� -- � �s LL� _ , �o ,,P 3
— _— _- _-_'- ._ _ ... _ _ +. � .�,•. ��_::::: =� ' � � u --
_ —_ "' __ —v � � � 7. rS a � � b � ; u
_ _—__ ' ' ; �.. . c� �CC ��.' � I �l a� m �c
:.- __ _-_-___._ '.Y U ... '�^ .z,�,� ..5.` 't .-��
� ,-� ......
:. .:
. .-�i --
.., ; .. - - !� - _ _ .».
.
.....: . .. ..:...' , .' , � l . _ " ' '
. ._ . . . ... �' /' ' '. . �^L r . _ .... _ . _ � . " � _' _ �." _' � �
p. y t P� o
� �'� � 1 a, Q�� i i t i
t � :0,.1 �
�..� i � . `ea , :
Green Sheet # ' � � � � �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # 0� � � _����
--�--�
Resolution #
�
.�
Committee: Date
2
0
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Approval of Joint Powers Agreement with Metro Transit and Metropolitan Council Concerning the
Riverview Corridor Project
WHEREAS, the City of Saint Paul desires implementation of the Riverview Corridor Transit Project (Project)
in cooperation with Metro Transit and the Metropolitan Council; and
WHEREAS, the City of Saint Paul is steadfast in supporting the Project with elements as listed in City Council
Resolution O1-814, dated August 8, 2001, relating to preferred route alignxnent, pedestrian access, station
design and location, redevelopment, and diversion of traffic onto Shepard Road; and
WFIEREAS, the City of Saint Paul supports the following Project elements as recommended by the Riverview
Corridor Citizens Workgroup�in September, 2001 and subsequently adopted by the Metropolitan Council on
November 7, 2001 such that:
— Seventh 7`� Street be the alignment for the Local Transit Improvement Project
— The alignment be extended to Maplewood Ma11 on the east side and the Mall of America on the
west side; and
WHEREAS, the City desires to establish a process for swift and effective implementation of the various
elements of the Project; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WHEREAS, City ask HRA to undertake land acquisition necessary for Station and Station Area development
fiu�ther described in E�ibit A, of the Draft Joint Powers Agreement; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WT�EREAS, the City of Saint Paul has entered into a Joint Powers Agreement with the Metropolitan Council
totalling $46.1M for the Riverview Conidor Project, and
WIIEREAS, this agreement designates the City of Saint Paul as the responsibie parry for $22.SM for: station
area planning, land acquisition, road design and construction, Phalen coordination, signalization and EIS
and preliminary design of interchanges.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
° � � - I3��,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint Paul approves the aitached Joint
Powers Agreement; and
BE IT FURTIIER RESOLVED, that the "Riverview Comdor Project" will include $22,500,000 financing
from the Metro Transit which represents the estimated amount of the project that will be the responsibility of
the City of Saint Paul, and
BE IT FINALLY RESOLVED, by the Council of the City of Saint Paul, upon recoxnmendation of the Mayor
and advice of the Long Range Capital Improvement Budget Committee, that $ 22,500,000 is available for
appropriation in the 2002 Capital Improvement Budgets, as heretofore adopted and amended by this Council,
be hereby further amended in the Improvement Budgets, in the following particulars:
FINANCING PLAN
Riverview Corridor Project
CO2-2XXXX
Metro Council
SPENDING PLAN
Riverview Corridor Project
CO2-2�
Conshuction
�'�,, y"�. 1 r^o s� �� S
� t 3�„1 � 3 g $ ; d t +
�`ael Y �, � "4.r ; '! U S�4 �.»
Current
Budget
1 11
1 11
Changes
22,500,000.00
22,500,000.00
Amended
Budget
22,500,000.00
22,500,000.00
Aequested by Department of:
Plannin & Economic De lo ment
♦
By:
Approved by Financ' erv ces
By: � � �
\
By:
Apprwed by
By:
Form Approved b
By:
:d by May
By:
Adopted by Council: Date ��O O�.
Adoption Cer*+f;Prl ht, rn,,,,�;� cP�rPrar.,
DEPARTMENIYOFFICE/COUNCII.: DATE IIVITiATED GREEN SHEET No.: 110668
- Planning & Economic Dev. December 12, � �-� �(�
2001
CONTACI' PERSON & PHONE: INiTTAClDATE INiTIAIJDATE
Allen I.ovejoy 6-6576 � z rm nmscrox 4 CTfY COUNCIL D. BOSIROM
MUST BE ON COUNCII, AGENDA BY (DATE) �IC'N 3_C1TY AITORNEY - CITY CLERK
5 FINANCIAL SERV _1_ B. GEURS
DECCIDUET' 19, Z.00I �g ffiER 6 MAYOR (OR ASST.)
ROUTING
ORDBB
TOTAL # OF SIGNATURE PAGES _7_(CLIP ALL LOCATIONS FOR SIGNAT[JRL�')
ACTION REQUESTED:
��
RECOMI��NDATIONS: Approve (A) or Rejut (R) .. PERSONAL SERVICE CONTRACl'S M[7ST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION , 1. Hu this peison/firm evet worked under a contract for this depaztrnent?
' CIB COMMiTTEE Yes No
CIVII. SERVICE COMMLSSION 2. Hu this person/firm ever been a ciTy employee?
Yes No
3. Does this person/fum possess a skill not normally possessed by any cutrent city employee?
Yes No
E�lain all yes answers on separate sheet aud attach to green sheet
INITIATiNG PROBLEM, ISSiJE, OPPORTUNIT'Y (Whq What, When, Where, Why): .
Through the adoption of the attached resolution, direct staff to negotiate and execute a Joint Powers Agreement
among the City, Metro Transit and Metropolitan Council for the purpose of implementing the Riverview Corridor
Busway,
, ADVANTAGESIFAPPROVED:
Allows the City to implement the $46.1 million Riverview Corridor project in conjunction with Metro Transit.
DISADVANTAGES IF APPROVED: �
None
DISADVANTAGES IF NOT APPROVED:
The City will miss this opporiunity to use the $46.1 million to do redevelopment of neighborhood centers in
conjunction with substantial transit improvements between the West 7`" Gateway area and Hillcrest Shopping area.
TOTAI, AMOLIVT OF TRANSACTION: $22.5 million COST/REVENOE BUDGETED:
� F�7NDING SOURCE: State Grant ACTIViTP NUMBER: CO2-2XXXX
FINANCIAI, INFORMATION: (EXPLAIN)
. Fund 148
KVSM1arcd�PMU.O V EJOi'�FOrms�greensht wpd
DEPARTMENTOFPLANNING
& ECONOMIC DEYELOPMENT
Tony Schertler, Intenm Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
TO:
FROM:
�
January 8, 2002
Council President Dan Bostrom
25 Wut Fourth Street
Saint Paul, eLA�55102
Councilxnember Jay Benanau
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilxnember Kathy Lantry
Councilmember Jim Reiter
Tony Schertler, PED Interim Director ��
�a�
� / %
Telephone: 651-266-6 �00
Facsimile: 651-Z28-3220
Di- �"J\�
JOINT POWERS AGREEMENT FOR RIVERFRONT BUSWAY PROJECT
C.F. 01-1316 with Attachments
Please find attached the Joint Powers Agreement between the Metropolitan Council and the City
of Saint Paul for the Implementation on The Riverview Corridor Busway Project. This document
with attachments is in substantially final form and is recommended for approval by the
Admiuistration.
Attachment
K:�Shazed�Ped�PT7LVERytpaasA 10202.geu�s.wpd
Draft City
JOINT POWERS AGREEMENT � � �, � \ �'
BETWEEN METROPOLITAl� COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE INiPLEMENT:�TION OF
THE RTVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution by both of the
parties, is made by and between the Metropolitan Council (the "Council"), a public corporation
and political subdivision of the State of Minnesota and the City of Saint Paul (the "Ciry"), a
municipal corporation.
Background Recitals
Pursuant to Minnesota Statutes Chapter 473, the Council is cutrently responsible for the
construction and operation of the public transit system within the Minneapolis-St. Paul
metropolitan region ("Metropolitan Area"), including the City.
2. In 2000, the Minnesota Legislature appropriated from the general fund 525,000,000 in
fiscal year 2001 and $19,000,000 in fiscal year 2002 to the Council for public
improvements of a capital nature for engineering, design and construction of an exclusive
bus transitway, including but not limited to, acquisition of land and right-of-way
(Minnesota Laws 2000 Chapter 492).
Further, in 2000, the Minnesota Legislature appropriated to Metropolitan Council
$6,300,000 for engineering, design and construction of bus transitways, including but not
limited to, acquisition of land and rights-of-way (�finnesota Laws Chapter 479).
Collectively the above-named appropriations are referred to in this Agreement as the "State
Appropriations".
3. The Saint Paul City Council passed Resolution 0�-97� on October 18, 2000, selecting the Bus
Rapid Transit altemative for the Riverview Corridor for further examination subject to the
condition that more citizen participation be required.
4. In December 2000, the Council allocated $46.1 million of State Appropriations consisting of $44
million of Laws 2000 Chapter 492 appropriations and 52.1 million of Laws 2000 Chapter 479
appropriations for a busway in the Metropolitan Area to the Riverview Corridor ("Ricerview
Corridor Busway ProjecY') or ("Riverview Busway") located in Saint Paul, as shown in E�chbit
A.
5. In April, 2001, the Council initiated an EIS for the Ricerview Corridor Bus�cay Project, a
Corridor Management Committee ("Corridor Management Committee"), a Technical Advisory
Comixrittee ("Technical Advisory Committee") and a Citizens Workgroup (`'Citizens
-- 1 --
Draft City
Workgroup") to review and make recommendations to the Council on the EIS. d ��� 31 �°
6. On August 8, 2001, the Saint Paul City Council adopted Resolution 01-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Counc� to enter into a joint
agreement to construct the Riverview Busway.
7. The Citizens Workgroup, after conducting numerous sessions reviewing four separate alignments
within the Riverview Comdor, at its September 12, 2001 meeting recommended:
. That the 7`" Street alignment be the prefeired altemative for the Riverview-
Corridor Busway Project and
. That the 7`" Street alignment be extended to Maplewood Mall on the east side and
the Mall of America on the west, and
. That additional funds be obtained and used to modify the 35E interchanges to
divert traffic from West 7�` Street to Shepazd Road, and
. That citizen input should be a part of the planning process for the Riverview
Busway.
• That the original recommendation of the Citizens Workgroup of an EIS for the
entire Riverview Corridor Busway Project be modified into a recommendation for
an EIS to be compieted which would address potential interchange modifications at
Shepard Road and I-35E and Shepard Road and West Seventh Street.
6. The Corridor Management Comrnittee on September 27, 2001, approved the
recommendation of the Citizens Workgroup.
7. The Saint Paul Planning Commission on October 19, 2001, approved a process for station area
planning and public participation with the objective of preparing a master plan for station areas
within the Riverview Corridor Busway Project.
8. The Council's Transportation Committee on October 22, 2001, accepted the recommendations
of the Citizens Workgroup and Comdor Management Committees, and adopted the Scope and
Implementation Plan as presented.
9. The Council accepted and approved the recommendations of the Transportation Coum�ittee on
December:l2, 2001, and
-- Z --
Draft City
6�-11�b
10. The Council and the City have prepared an outline of the scope of wark and budget allocation
of the funds for the Riverview Corridor Busway Project: and
11. The Council has deteimined that it will make a good faith effort to provide sufficient fleet for
the Riverview Corridor Busway Project.
12. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the River�lew Corridor
Busway Project and have detemrined that it is in their mutual best interests and in the interests of
the public to set forth their agreement in a Joint Powers Agreement for the Riverview Corridor
Busway Project pursuant to their powers and authority under Minnesota Statutes Chapters 473,
, Minnesota Statutes § 471.59 and other applicable statutes.
13. The parties have passed Resolutions or taken other action listed as follows authorizing their
officials to execute this Joint Powers Agreement between and among the Parties which contains
the following terms and conditions with respect to the engineering, design and construction of the
Riverview Comdor Busway Project.
Resolutions DatePassed Resolution\o.
Council 12/12/O1 Action Item
2001-502
City
Agreement
Now, therefore, for mutual valuable consideration, the sufficiency of which has been agreed
to by the parties, the Council and the City agree as follows:
I.
°3--
Draft City
Purpose
The purpose of this Agreement is to set forth the agreements made bet�veen the parties on topics
and issues with respect to the engineering, design and construction of the Riverview Corridor
Busway Project.
II.
Station Area Planning
at-�3ab
A. Definition. For purposes of this Agreement, Station area planning ("Station Area Planning"
consists of the following elements:
(1) Development and implementation of a public participation process consisting
of the establishment of three Station Area Advisory Task Forces, i. e. one
Station Advisory Task Force to be established for each of the following
areas of St. Paul: West Seventh between Shepard/Davern and Smith;
Downtown; Eastside; and
(2) Development of a master plan for the River�iew Corridor Busway Project
which includes plans for each station area, redevelopment plans
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is E�chibit A, which shows the Council's expected
locations for bus stations along the Riven�iew Comdor Busway Project.
C. Responsibilitv. The City shall be responsible for development and implementation of
Station Area Planning.
The City sha11 develop and complete Station Area Planning in consultation with Council
staff and the Council's consultant for technical assistance.
�
Draft City
O� -131�
The City shall ensure that to the greatest extent possible Station Area Advisory Task Forces
established pursuant to Station Area Planning work cooperatively with the Citizens
Workgroup to facilitate public input on the individual station azeas.
Further, the City shall ensure that the redevelopment plans and implementation strategies
developed pursuant to Station Area Planning for the Riverview Comdor Busway Project
includes the bus stations in the locations shown on E�ibit A and that the existing zoning
or rezoning done by the City with respect to the Riverview Corridor Busway Project is
appropriate for the Council's bus stations in the locations shown on E�ibit A.
III.
Land Ac uisition
A. Definition. For purposes of this Agreement, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemnation, of land pazcels at Riverview Corridor Busway
Project sites identified by the City and Council for future transit-oriented development.
Land Acquisition includes the purchase price or condemnation coimnissioners' award
("Purchase Price") and associated acquisition costs including but not limited to real estate
appraisals, title work, legal Fees and related costs, relocation, demolition of existing
building, environmental investigation and cleanup, if necessary, acquisition of the parcels
including negotiations, closings, document recording and other associated closing
procedures and condemnation costs ("Acquisition Cosu")
As of the date of this Agreement, the City and Council have identified the properties shown
on E�ibit B attached hereto and made a part hereof as property tentatively to be acquired
for the Riverview Corridor Busway Project. Prior to the actual start of acquisition of any
parcel, the City will submit to the Council for the Council's review aud approval a Land
Acquisition plan showing the specific pa�•cels to be acquired.
-- 5 --
Draft City
bt-l31l�
B. Responsibilitv.
(1} The City shail be responsibie for Land Acquisition. The City may utilize the
services of the Housing and Redevelopment Authority in and for the City of St. Paul
to accomplish Land Acquisition. The City may subdivide the pazcels which have
been acquired as Land Acquisition. With respect to the parcels or portions thereof
acquired by the City as Land Acquisition which the Council in iu sole discretion
has determined are necessary for construction, operation and maintenance by the
Council of the bus facilities in the tentative locations shown on E�ibit B, the City
sha11 convey to the Council marketable fee title or such other real property interest
as agreed to by the parties to those parcels or portions thereof free of interests, liens,
or encumbrances which the Council determines will interfere with construction,
operation or maintenance of the Council's bus facilities. The determination as to
the type of property interest to be conveyed to the Council shall be agreed to by the
parties for each pazcel or tract acquired by the City. The fmai determination as to
the type of property interest to be conveyed to the Council for each parcel or tract
acquired by the City shall be made by the Council.
With respect to those parcels or portions thereof on �vhich the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title or a
pennauent easement, prior to conveyance to the Council of the real property
interests necessary for construction, maintenance and operation of the CounciPs
facilities as provided in this Section III of this Agreement, the City will hace
completed a Phase I and if recommended m the Phase I, a Phase II environmental
investigation on the sites and will either:
�
Draft City
o c-131�
a. Certify that no hazardous wastes, pollutants or contaminants as those terms
are defined under any federal, State of Minnesota or local statute, ordinance,
code or regulation has been found on the sites; or
b. If hazardous wastes, pollutants, or conta as those teims are defined
under any federal, State of Minnesota or local statute, ordinance, code or
regulation have been found on the site, the City will certify that it has
completed the Response Action Plan approved by the applicable regulatory
agency and received a no association letter, no action/no further action letter
and other environmental regulatory assurances govemin� the site naming the
Council as a beneficiary of all such environmental regulatory assurances.
The City will provide to the Council copies of Phase I and Phase II
environmental investigations, the approved Response Action Plan, and the
envixonmental assurance letters nanvng the Council as bzneficiary prior to
transfer of title to and acceptance of title to the site by the Council.
(2) With respect to those parcels or portions thereof on which the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title, thirty
days prior to the date of conveyance of each pazcels or portions thereof, the City
shall furnish to Council an abstract of title or a registered property abstract, certified
to date to include proper searches covering bankruptcies, state and federal
judgments and liens, and levied and pending special assessments. The Council shall
be allowed ten (10) business days after receipt of abstract for examination of title
and making any objections which shall be made in writing or deemed waived. If
any objection is so made, the City sha11 have ten (10) business days from receipt of
the Council's written objections to notify the Council of the Ciry's intention to
make title marketable within 30 days from the City's receipt of such written
objection. Tf notice is given, the conveyance hereunder required shall be postponed
-- 7 --
Draft City
a�-tS\6
pending conection of title, but upon correction of title and within ten (10) days after
written notice to the Council the parties shall perform this Agreement according to
its terms. If notice is given but title is not corrected within the time provided for,
the City will reimburse to Council the Acquisition Costs of the parcel or portion
thereof for which title is not mazketabie. 7he Council agrees to accept an owner's
title policy in the full amount of the conveyance in lieu of an abstract of title if the
property is subject to a master abstract or if no abstract of titie is in the City's
possession or control. If the Council is to receive such policy (1) the title
examination period shall commence upon the Council's receipt of a current title
insurance commitment.
(3) The City may For purposes of transit-oriented development related to the Riverview
Corridor Busway Project either retain, sell or transFer those pazcels or portions
thereof acquired as Land Acquisition pursuant to this Section III of this Agreement
detemvned by the Council in its sole discretion to be not necessary for construction,
operation and maintenance of the Council's bus facilities in the Riverview Comdor
Busway Project.
The City will reimburse to the Council (a) the fair mazket value less reasonable
eapenses associated with the sale of the Land Acquisition parcels or portions
thereof retained or sold by the City for transit-related development; and (b) the non-
Purchase Price Acquisition Costs associated with the City's acquisition of the pazcel
or portions thereof retained or sold by the City.
For puiposes of this Agreement, the fair market value of the pazcels or portions
thereof is either the price at which the City sells the pazcel or portion thereof to an
independent buyer in an am�s length transaction or the fair market value determined
by an independent fee appraiser whose selection is mutually agreed to by the
��
Draft City
6 � — tJ l{,
Council and the Ciry, whichever is higher, less the value of any improvements that
may ha�e been provided by the City.
(4) The City shall market and sell the parcels or portions thereof acquired as Land
Acquisition pursuant to this Section III of this Agreement for the purpose of transit-
oriented development related to the Riverview Corridor Busway Project.
(5) The Council will advance funds to the City for Land Acquisition upon
certification by the City that the City has initiated acquisition of a parcel or parcels
by purchase or condemnation, provided however, that the amount of funds
advanced to the City by the Council shall be the amount certified by the City to be
necessary for acquisition of individual pazcel or pazcels on which the City has
commenced acquisition.
(6) The maximum amount of funds to be advanced by the Council to the City for
Land Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed
to by the Parties.
(7) The City agrees to complete Land Acquisition and reimbursement to the Council
pursuant to this Section III of this Agreement by December 31, 2004 unless
otherwise agreed to by the parties. In addition, no later than December 31, 2004,
the City will reimburse to the Council any funds plus accrued interest that have been
advanced by the Council to the City for Land Acquisition and remain unspent on
December 31, 200A.
(8) The Council will be responsible for acquisition of the property necessary for
construction of the transit hub at Maplewood as shown on Exlubit A.
:�
Ltraft City
O\-\3l�
��
Road Design and Construcrion
A. Definition — West 7'" Street Roadwav. For purposes of this Agreement, road design and
construction of the West 7`" Street Roadway ("West 7`" Sueet Roadway") is the preparation
of construction plans, specifications, cost estunates for all roadway improvements and
modification of adjoining areas to accommodate the Rivervie�v Corridor Busway Project on
West 7�` Street between I-35E and Downtown St. Paul, , advertisement and award of design
and construction contracts, contract administration, and construction inspection.
B. Res�onsibilitX West 7'" Street Roadwav.
1. The City shall be responsibie for completion of the West 7`" Street Roadway of the
Riverview Corridor Busway Project. The parties agree that the `Vest 7"" Street
Roadway design and construction will be done in stages.
2. During the design of a stage of the West 7�` Street Roadway, the City sha11
incorporate into construction plans, design and engineering elements provided to the
City by the Council associated with Riverview Corridor Busway station needs,
inciuding but not lunited to the following design elements: relocation of utility
manlioles, light bases, curbs, drainage changes, fences and other obstructions
around station areas.
Prior to start of construction of a stage, the City shall submit to the Council for
Council's review and approval the final construction documents which will include
plans, specifications and a proposed construction schedule for the Riverview
Corridor Busway Project. To the greatest extent possible, the proposed construction
schedule shall be in compliance with E�ubit C attached hereto and made a part hereof.
-- 10 --
Draft City
a �-��\�
4. The City shall advertise for bids for construction of the West 7`" Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract with a
successful bidder, and construct the West 7`" Street Roadway in accordance with the
plans and specifications, reviewed and approved by the Council and designated as
the West 7`� Street Roadway. The City's advertisement for bids and construction of
the West 7�' Street Roadway shall be in compliance with all applicable provisions of
the State Appropriation, Minuesota state law, and regulations, inciuding but not
limited to compliance with prevailing wage requirements, applicable federal law
and regulations and any applicable local ordinaaices, a11 of which shall be considered
a part of this Agreement as though fully set forth herein.
5. The City will administer the contract and inspect the construction of the contract
work for the West 7`" Street Roadway. The work included in the West 7`" Street
Roadway may be inspected periodically by the CounciPs authorized representative,
but the Council's authorized representative will not have responsibility for the
supervision of the work If the Council reasonably deternrines the work included in
the West 7'" Street Roadway has not been constructed substantially in accordance
with the construction documents, the Council through its authorized representative
sha11 inform the City in writing of such defects. The City shall require its
Contractor to make the corrections and/or meet the requirements requested by the
Council through its authorized representative. All work included in the `Vest 7�`
Street Roadway shall be performed in substantial accordance with the construction
documents approved by the Council. The City will inform the Council in writing of
completion of construction of West 7�` Street Roadway. Within a reasonable time
thereafter, the Council will inform the City in writing either that the West 7'" Street
Roadway as constructed confom�s to the construction documents approved by the
Council or that the West 7`" Street Roadway does not conform to the approved
construction documents. The Council will further inform the City of the specific
reasons for non-conformance to the construction documents and what steps, in the
-- 11 --
Draft City
° �-17i(,
opinion of the Council, must be taken by the City to make the West 7`� Street
Roadway conform to the construction documents. The final decision on
conforn�ance of the West 7'" Street Roadway to the construction documents w71 be
made by the Council. Evidence of the CounciPs decision that the West 7`" Street
Roadway conforms to the construction documents approved by the Council will be
in writing by letter from the CounciPs General Manager of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`" Street Roadway not confortn
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
construction documents.
The City will submit any amendments to or material changes in the approved West
7`� Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which revie�v and approval wili
not be unreasonably withheld and will be provided to City in a timely inauuer. Such
amendments to the approved final construction documents and/or changes in the
construction schedule must be submitted to the Council's authorized representative
at least thirty (30) days prior to the implementation of such change. The City agrees
that it will not proceed with amendment to or changes in the approved final
construction documents or construction schedule of the West 7'" Street Roadway
until the Council has consented to such change in accordance �vith its procedures
and has approved such change in writing as evidenced by letter to the City from the
Council's authorized representative.
C. Maintenance and Operation -West 7�' Street Roadway. Except for those real property
interests conveyed to the Council pursuant to Section III of this Agreement and the bus
facilities installed by the Council, the City will own, operate and maiutain the West 7�'
Street Roadway, which maintenance will include priority curb-to-curb snowplowing on the
-- 1 -_
Draft City
West 7`" Street Roadway. This provision will survive termination of this Agreement..
b � - t'3�6
D. Definition — Phalen Roadwav. For purposes of this Agreement, road design and
construction of the Phalen Roadway ("Phalen Roadwa}�') is the prepazation of construction
plans, specifications, cost estunates for all roadway improvements and modification of
adjoining azeas to accommodate the Riverview Corridor Busway Project in the future
Phalen Corridor beriveen Arcade Street and Johnson Parkway as shown on E�ubit A
attached hereto, advertisement and award of design and construction contracts, contract
administration and construction inspection. The Phalen Roadway will form an integral
portion of the Riverview Comdor.
E. Res�onsibilitv — Phalen Roadwav. The City shall be responsibie for the completion of the
Phalen Roadway and upon compietion of construction, the Phalen Roadway will become a
portion of the Riverview Corridor Busway Project to be used by Council buses traveling
within the Busway Project. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Council for the CounciPs review and approval, the final construction
documents which will include plans, specifications, and a proposed construction schedule
for the Phalen Roadway. To the greatest extent possible, the proposed construction
schedule sha11 be in compliance with Exhibit C attached hereto and made a part hereof.
F. Maintenance and Ooeration — Phalen Roadwav. Except for bus facilities installed by the
Council, the City will own, operate and maintain the Phalen Roadway, which maintenance
will include priority curb-to-curb snowplowing on the Phalen Roadway. This provision
will survive ternunation of this Agreement.
-- 13 --
Draft City
��-'�7\(
V.
Si�,�nalization
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modifications to existing signal systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
B. Responsibilitv.
The City shall have responsibility to design, construct and implement Signalization
and will utilize consultant eapertise as needed. The City's design, instailation and
implementation of Signalization shall be in compliance with all applicable
provisions of the State Appropriation, Minnesota State law and regulations,
including but not limited to compliance with prevailing wage requirements,
applicable federal law and regulations and any applicable local ordinances, all of
which shall be considered to be a part of this Agreement as though fully set forth herein.
2. During the design stage of Signalization, the City shall incorporate into the final
installation documents elements provided to the City by the Council associated with
Signalization needs.
3. The City wi11 submit plans and specifications for Signalization to the Council for
review and approval by the CounciPs Metro Transit Division and shall include in
the final Signalization plans and specifications items required by the Council.
4. The City will adtninister the contract and inspect the installation of the contract
work for the Signalization. The work inciuded in the Signalization may be
inspected periodically by the Council's authorized representative, but the Council's
authorized representative will noi have responsibility for the supervision of the
-- 14 --
Draft City
� � `�� 1C
work. If the Council reasonably detemvnes the work included in the Signalization
has not been installed substantially in accordance with the construction documents,
the Council through its authorized representative shall inform the City in writing of
such defects. The City shall require its Contractor to make the corrections andlor
meet the requirements requested by the Council through its authorized
representative. All work included in the Simalization shall be performed in
substantial accordance with the approved installation documents. The City will
inform the Council in writing of completion of construction of Signalization.
Within a reasonahle time thereafter, the Council will inform the City in writing
either that the Signalization as installed conforn�s to the installation documents
approved by the Council or that the Signalization does not conform to the approved
installation documents. The Council will further infonn the City of the specific
reasons for non-conformance to the installation documents and what steps, in the
opinion of the Council, must be taken by the City to make the Signalization
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Council. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Manager
of Metro Transit. Metro Transit will not unreasonably withhold acceptance of the
Signalization. If the Councii has informed the City that the Signalization does not
confoisn to the installation documents in accordance with this Paragraph �V, the
City will take the steps necessary to make the Signalization conform to the
installation documents.
5. The City will submit any amendments to or material changes in the approved
Signalization final installation documents, including the installation schedule, to the
Council for review and approval, which approval will not be unreasonably withheld
and will be provided to the City in a timely manner. Such amendments to the
approved final installation documents and/or changes in the construction schedule
-- 15 --
Draft City
��-1�11
must be submitted to the Councii's authorized representative at least thirty (30) days
prior to the implementation of such change. The City agrees that it will not proceed
with amendment to or changes in the approved final installation documents or
installation schedule of the Signalization until the Council has consented to such
change in accordance with its procedures and has approved such change in writing
as evidenced by letter to the City from the CounciPs authorized representative.
C. Signalization. The City shall own, operate and maintain Signalization. Prior to completion
of Signalization by the City, the parties wili enter into an operation agreement which will
address how the City will operate Signalization, require the City to coordinate with the
Council in operation of Signalization, and provide that the City may not significantly
modify its operation of Signalization without the CounciPs approval.
VI.
EIS and Preliminary Design of Interchanges
Definition. For purposes of this Agreement, Federai Highway EIS and preliminary design of
interchanges ("Federal Highway EIS and Preliminary Design of Interchanges") means the
preparation of an Environmental Impact Statement ("EIS") and related preliminary design for the
proposed modifications to the interchanges at Shepazd Road at I35E and Shepard Road at THS.
Resroonsibilitv. The City shall be responsible for being the lead agency in the EIS and
Preliminary Design of Interchanges process together with participation of Ramsey County and
MrrDOT as required by their responsibilities for the interchanges and together with the Federal
Highway Administration as the lead federal agency.
VII.
Station Design and Construction
-- 16 --
Draft City
Ot-i�1S�
Definition. For purposes of this Agreement station design and construction ("Station Design and
Construction") means the prepazation of preliininary and final design plans and construction
documents and construction for the station sites including ITS equipment in the Riverview
Corridor Busway Project.
Responsibilitv. The Council shall be responsble for Station Design and Construction of each
station site within the Busway, the locations of which sites are shown on Exhibit A to this
Agreement. As more fully provided in Section III, Paraa aph 3, of this Agreement, the Council
shall review and approve Road Design and Construction to ensure that street improvements
accommodate the Station Design and Construction at each station location.
II
Off Board Fare Collection System
Definition. For purposes of this Agreement, off board faze collection system ("OffBoazd Faze
Collection System") means a self-service proof of payment system using ticket vending machines
("TVMs") and validators which are located on the station platforms.
Responsibility. The Council will be responsible for implementation of the Off Board Faze
Collection System.
�A`�
Service Plan
Definition. For purposes of this Agreement, service plan ("Service Plan") means a plan which
provides for frequency of limited stop bus operations and bus stop locations from downtown St.
Paul to the Mall of America during the interim stage of implementation of the Riverview
-- 17 --
Draft City
Dt—\7\b
Corridor Busway Project and from Maplewood Mall to Mall of America during the final stage of
the Busway Project.
Responsbilitv. The Council shall develop the Service Plan during design and construction of
each stage of the Riverview Corridor Busway Project. The City and the Council will individually
and cooperatively pursue funding to support the acquisition by the Council of new low-platform
buses to serve the Riverview Corridor Busway Project and to support the incorporation of the
latest bus technology that minimizes noise and air quality impacts.
/�
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibility: The Council shall be responsible for Public Art.
1�
Traffic Studies
Definition. For purposes of this Agreement, traffic studies ("Traffic Studies") means studies to
identify the projected level of service and the need for diamond lanes for the Riverview Corridor
Busway Project.
Responsibilitv. The Councii has the responsibility to perform Traffic Studies.
�
Draft City
��-��\�
Future Traffic Studies. If the Council and the Ciry determine the need for futute traffic studies,
The City and the Council will jointly determine the subject matter, scope and responsibility for
such traffic studies.
,� 1 .
�nancial Plan and Payment
A. Estimated BudQets. The parties agree that the budget estimates for each of the items listed
in Sections II through X of this Agreement are as follows:
Section of
This Agreement
II
III
III
IV
IV
V
VI
Item Description
Station Area Planning
Land Acquisition
Land Acquisition (Maplewood Hub)
Road Design and Construction
Road Design and Construction (Phalen)
Signalization
EIS and Preliminary Design of
Responsbilitv
City
City
Council
City
City
City
Interchanges City
VII Station Design and Construction Council
VIII Off Board Fare Coilection System Couucil
VII ITS System Council
VII, IX Planning, Design, Public Involvement Council
X Public Art Council
None Specific Staff and Contingency Council
TOTAL
Budaet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
3,500,000
�46,100,000
The budget estunates as listed above include work completed or currently underway by City staff
and City's consultant as of the date of this Agreement.
B. Reimbursement bv the Council. As further provided in this Section XII and subject to
Section XIV, Paragraph E of this agreement, the Council shall reimburse the City for the
items listed above in Section XII.A. as the City's responsibility based upon the calculations
for the costs for each item as shown above.
The Council has no obligation to reimburse the City for or make any payments to the City
-- 19 --
Draft City
c�-t5\�
for any work or items except those items listed above in this Paragraph X[I.A.
Unless otherwise agreed to by the parties by written amendment to this Agreement, the
maxiinum reimbursement by the Council to the City for each line item sha11 be the amount
stated under the Budget amount above in Section XII.A.
The parties further agree that the budget for each item shown above in Section XII.A and in
Exhibit E are estimates of the budget and that the unit prices set forth in each of the City's
contracts and final quantities as measured by the Council shall govern in computing the
final costs for each item for purposes of reimbursement.
In the event, the City deternrines the need to amend its contract(s) with a suppiemental
agreement or change order in accordance with Sections IV and V of this Agreement which
results in an increase in the contract amount. The Council agrees to reimburse to the City
the increased amount as documented in the supplemental agreement or change order in
accordance with the terms of this Agreement.
In no event shall the CounciPs obligation to reimburse the City for the items listed in
Section XII.A. as the responsibility of the City exceed $21,450,000.
C. Terrns of Payment. Except for (a) the specific provisions of this subparagraph �vith respect
to the West 7�` Street Roadway and the Phalen Roadway and (b) the provisions in Section
III of this Agreement with respect to Land Acquisition and (c) Signalization, payment will
be made by the Councii upon completion of each of the items by the City and promptly
after City presentation of invoices for services performed and acceptance of such services
by the Council's authorized agent. Invoices shall be submitted with the following
information: a project nuxnber to be supplied by the Council; a sequential invoice number;
the filing address, if different from the business address; a description and supporting
documentation of the work performed; the total request for funds, and an original
documentation of the work performed; the total request for funds; and an original signature
by the City's authorized agent. Reimburseznent shall be made by the Council not to exceed
each invoiced amount within thirty (30) days after the City presents the Council �vith the
invoices for eligible costs incurred under the scope of work identified above.
With respect to the West 7`" Street Roadway design, the Council will reimburse the City for
design services as accrued and billed every 30 days up to a maYimuxn of 14% of the
estimated roadway construction costs until the time a West 7�' Street Roadway construction
contract is awarded. The Council will reixnburse the City for additional design and
inspection services as accrued by the City after the West'7"` Street Roadway construction
contract award up to a xnaximum of 25°/a of final construction contract award — i.e. the
reimbursement by the Council to the City on a 30 day basis for design services prior to
award of the West 7`" Street Roadway construction contract plus reimbursement on a 30
day basis by the Council to the City for post-construction awazd design and inspection
services shall not exceed 25% of the construction contract award for the West 7"' Street Roadway.
--2�--
Draft City
6 1-t7tb
With respect to the West 7'" Street Roadway construction contracts, upon the City's request
and submission to the Council of certification that the City has awarded the contract for
construction of the West 7`� Street Roadway and will issue the notice to proceed for Road
Design and Constsuction within 30 days, the Council will advance to the City an amount
not to exceed 25% of the construction cost in the awarded contract for construction of the
West 7'" Street Roadway.
With respect to the Phalen Roadway, upon the City's request and submission to the Council
by the City that the City has obtained the necessary funds for and consequently will proceed
with construction of the Phalen Roadway, the Council will pay to the City $2,000,000
either as an advance toward construction of the Phalen Roadway or as reixnUursement for
design services already performed by the City for the Phalen Roadway or a combination of
both design and construction.
With respect to Signalization, upon the City's request and submission to the Council of
certification that the City has awarded the contract for installation of Signalization and will
issue the notice to proceed for Signalization within 30 days, the Council will advance to the
City an amount not to exceed 25°!0 of the installation cost in the awarded contract for
installation of Sigialization.
Conditions of Pa�ment. All services provided by the City pursuant to this Agreement sha11
be performed to the satisfaction of the Councii, as deternvned at the sole discretion of the
CounciPs authorized agent, and in accordance with all applicable federal and state laws
including but not limited to Minnesota Laws, Chapters 479 and 492, and applicable local
ordinances. If the City, its contractors, or subcontractors submit work which is not
acceptable to the Council, the Council shail state with particularity iu �vbat respect the work
submitted is unacceptable, and the City, its contractors and subcontractors sha11 be given a
reasonable opportunity to correct any objections by the Council. If, aRer reasonable
coirective efforts by the City, the Council remains unsatisfied with the work, or concludes
that the work was performed in violation of federal ar state law, the City shall not receive
payment for such work or, if the City has been advanced funds for the �vork pursuant to this
Agreement, shall reimburse to the Council such advanced funds..
D. Items to be Paid. Subject to the provisions of Section XIV, Pazagraph E of this Agreement,
the Council sha11 pay for the items listed in Section XII
of this Agreement as the responsbility of the Councii.
E. State Appropriations Allocation. The parties agree that as of the date of this Agreement,
the funding for the Riverview Corridor Busway Project is from State Appropriations which
are appropriations of $25,000,000 in fiscal yeaz 2001 and $19,000,000 in fiscal year 2002
to the Council for public improvements of capital nature for engineering, design and
construction of an exclusive bus transitway including but not limited to, acquisition of land
and right-of-way and an appropriation of $2, l Oq000 to the Council for engineering, design
-- 21 --
Draft City
a �—I,1S,
and construction of bus transitways.
The parties agree that if the amount of State Appropriations to the Council as stated above
in this paragraph — i.e. the amount of $46,100,000, decreases for any reason, this
Agreement shall terminate unless within 60 days of written notification by the Council to
the City of such decrease, the parties have executed a written amendment to this Agreement
which specifically provides for the items to be completed in light of the decreased
appropriations, and the estimated costs and responsbilities for those items.
Upon termination of this Agreement due to decrease in the amount of State Appropriations,
the Council has no further obligations under this Agreement except for rennbursement of
costs incurred by the City pursuant to this Agreement prior to tern�ination. The City agrees
to include in any contracts which the City will pay with funds provided by the Council
under this Agreement, a termination clause which allows the City to terminate the contract
with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate. Upon
termination of this Agreement due to rescission of State Appropriations, the Council has no
obligations under this Agreement.
F. Authorized Aeents. The Council's authorized agent for the purpose of adu�iuistration of
this Agreement is the Council's Regional Administrator or his designee, 230 East Fifth
Street, St. Paul, MN 55101-1626, (651) 602-1713, or his successor. Such agent shall have
final authority for acceptance of the City's services and if such services are accepted as
satisfactory, sha11 so certify on each invoice submitted. The City's authorized agents for the
purpose of administration of this Agreement are the Department of Economic Development
Director or his designee and the Public Works Department Director or his designee at City
Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6576.
XDT.
Schedule
The parties agree that the items listed in Sections II tlu XI of this Agreement shall be
completed in accordance with the schedule attached hereto and made a part hereof as E�chibit C.
The Councii reserves the right to request periodic progress reports from the City on the items
listed as the City's responsibility under Paragraph XII.A. of this Agreement. The City agrees that
a11 items listed as the responsibility of the City in Section XII of this Agreement sha11 be
completed no later than December 31, 2004 and that the Council has no obligation to reimburse
the City for any items which have not be substantially completed by December 31, 2004. Further
the City agrees to reimburse to the Council on December 31, 2004, any and all funds which haue
been advanced to the City by the Council pursuant to this Agreement for items for which the City
is responsble and which have not been substantially completed by December 31, 2004.
-- 22 --
Draft City
6�-lSt4�
XIV
General Provisions
A. Term of Aareement. This Agreement shall be effective on the date of execution by both
parties and shall remain in effect until December 31, 2004 unless otherwise agreed to by the
parties.
B. Canceilation. The Council may cancei this Agreement, with cause upon 60 days written
notice to the City. Upon termination by the Council, with cause, the Council has no further
obligations under this Agreement except for reimbursement of costs incurred by the City
prior to termination in accordance with the provisions of this Agreement.
C. Inswance. Each party agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
Council's liability is govemed by the provisions of Minnesota Statutes, Chapter 466. The
City and the Council each warrant that each party is able to comply with the
aforementioned indemnity requirements through an inswance or self-insurance program
and have minimum coverage consistent with the liability limits contained in Minnesota
Statutes, Chapter 466.
D. Emplo�. All employees of each party and all persons engaged by each Party in the
perfoiniance of any work or services required or provided for herein to be performed by
each party shall not be considered employees of any other party and that any and all claixns
that may or might arise under the Workers' Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so engaged,
and any and all claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged, on any of the work or services pro�ided to be
rendered herein, shall in no way be the obligation or responsibility of any other party.
E. Applicable Provisions of Law. The Parties shall to comply with applicable provisions and
requirements of the State Appropriations to the Council Minnesota state law, and
regulations including but not limited to compliance with prevailing wage requirements,
federallaw and regulations and of any applicable local ordinances all of which shall be
considered a part of this Agreement as though fully set forth herein.
F. No Discrimination. The City agrees to comply with all applicable laws relating to non-
discrimivation and affinnative action. In particular, the City agrees not to discrimivate
against any employee or applicant for employment because of race, color, creed religion,
siz, sexual orientation, marital status, status with regard to public assistance, membership
-- 23 --
Draft City
6�-t"11b
or activity in a local rights commission, disability, age, or national origin, and further agrees
to take affirmative action so that applicants and employees aze treated equatly with resgect
to all aspects of employment and compensation. The City agrees to comply with Minnesota
Statutes section 363.03, subdivision 4, regazding non-discrinvnation in the provision of
public services, in undertaking the Busway Project.
G. Public Data. The City agrees that the reports and any new information that is developed
with the assistance of reimbursement by the Council pursuant to this Agreement is in the
public domain and may not be copyrighted. The City shall comply with the Miunesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administeriag data under
this Agreement.
H. Entire Agreement. It is understood and agreed that the entire agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereo£ All items referred to in tbis
Agreement are incorporated or attached and are deemed to be part of this Agreement. Any
alterations, variations, modifications, or waivers of provisions of the Agreement shall only
be va7id when they have been reduced to writing as an amendment to this Agreement
signed by the parties hereto.
L Severabilitv. The provisions of this Agreement sha11 be deemed severable. If any part of
this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the parts which
aze void, invalid or otherwise unenforceable shall substantially impair the value of the
entire Agreement with respect to the parties. One or more waivers by said party of any
provision, term, condition or covenant sha11 not be construed by the other party as a waiver
to a subsequent breach of the same by other parties.
J. Time of Essence. The parties agree that time is of the essence with respect to the
provisions of this Agreement.
XV.
Ethics
A. Code of Ethics. The Parties agree to maintain a written code or standards of conduct that
shall govern the perfoiniance of its officers, employees, board members or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from any present
or potential contractor. They may set minimum rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. This code or
standards sha11 also prohibit the Parties' officers, employees, board members or agents from
using their positions for a purpose that constitutes or presents the appearance ofpersonal or
organizational conflict of interest or personal gain. As pennitted by State or local law or
regulations, the code of standazds shall include penalties, sanctions, or other disciplinary
-- 24 --
Draft City
O i -t'�\t�
actions for violations by the Parties officers, employees, board members or agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or standards of conduct shall prolubit their
employees, officers, and boazd members from participating in the selection, awazd, or
administration of a third party contract if a real or apparent conflict of interest would be
involved. Such a conflict would arise when any of the following parties has a financial or
other interest in the entity selected for awazd: (a) an employee, officer, board member or
agent; (b) any member of his or her immediate famil.y, (c) his or her partner; or (d) an
organization that employs, or intends to employ, any of the above.
C. Or�anizational Conflicts of Interest. The Parties code or standazds of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of
interest. An arganizational conflict of interest exists when the nature of the work to be
performed under a proposed third pariy contract or may, without some restrictions on future
activities, result in an unfair competitive advantage to the third party contractor or impair
its objectivity in performing the contract work.
A. Debarment and Sus�ension, The Parties agree to comply, and assures the compliance of
each third party contractor and at any tier, with Executive Orders Nos. 12549 aud 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide Debannent and Suspension (Non-procurement)," within 49 C.F.R. Part
29.
XVI.
Accounting and Availability of Records Requirements
A. Documentation of Project Costs. Ali costs charged to the Busway Project must be
supported by proper documentation, including properiy executed payrolls, time records,
invoices, contracts, or vouchers, evidencing the nature and propriety of the charges.
B. Accounts and Records. The City agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expenditure of ali costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the property records. These project accounts and
records shall be retained intact the County for at lease si�c (6) years following the end of the
term of this Agreement. These requirements sha11 survive temvnation of this Ageefnent.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the State Auditor,
or any of their duly authorized representatives at any time during normai business hours,
and as offen as they reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, or records, which aze
pertinent to the accounting practices and procedures of the other party hereto and involve
transactions relating to this Agreement for a minimum of six (6) years from the expiration
of this Agreement. This provision shall survive ternunation of this Agreement.
-- 25 --
� �
DI'3ft Cl�
8 �-����
IN TESTINIONY WHEREOF, the Parties hereto ha�e caused tl�is Agreement to be executed
by their respective duly authorized representatives.
CITY OF SAINT PAUL METROPOLTTAN COUNCIL
C��
Its
Date
Approved as to Form
�
Its
Date
Approved as to Fomv
Office of the City AttorneyOffice of Cseneral Counsel
-- 26 --
„ �
Draft City
b � -t'JI�
�•��:
A-- MAP SHOWING LOCATION OF RIVBRVIEW CORItIDOR AND EXPECTED
LOCATIONS OF BUS STATIONS ALONG RIVERVIEW CORRIDOR BUSWAY
PROJECT
B-- MAP SHOWIIVG EXPECTED ACQUISITIONS OF PROPERTY FOR THE
RIVERVIEW CORRIDOR BL3SWAY PR03ECT
C -- SCHED[JLE
D �-1715�
F�hi.bic 9
Riverview Corridor 'U'�
QMe17oTrdnSlt I ' AlignmenUStations
&2W, inc.
Riverview Corridor November 12, 2001
6�-171�
Exhibit B
Riverview Corridar
Proposed Acquisitions for Transit Stations
and Transit Oriented Development
Pronertv Identifzcation Address
Number
Davern station
212823140002 2526 West 7' Street
212823140004 2516 West 7`" Street
212823140003
212823140001 2525 West 7�' Street
Otto station
112823340174 1419 West 7`" Street �
142823210001 1428 West 7'" Street
Randolph station
112823410011 1017 West 7"' Street
112823140039 southeast corner of Randolph and West 7`" Street
Metro State station
322922130038 680 East 7`" Street
Hillcrest station '
222922110017 1661 White Bear Avenue
222922110150 1675 White Bear Avenue
O�-\�\�..
U �,
;� �
� �
'� U
X �
W
7
^ f�
LL
yr
�
.�
vJ
�
�
�
�
U
�
^�
�.1�
�
C
�
C ^,
W
/��
VJ
L
Q
�
�L
L
�
U
3
m
.�
�
��/
I..L
�
•��.. �
i�1 yN
O � �
-� �' p"' U
� •x, cd s.
� O � �
� � a ¢� �
�,
� b � o w
� �
a rx v� v� w
�
N
�
0
0
0
0
0
0
N
�
O
O
�
S
�
O
O
�
r
m
�
g
N
�
�
° o
N
ti
�
O
O
N
h
C
�
�
O
O
N
�
Q
�
O
O
N
V
h
M
�
Y
H
b�-����
U �,
� �
� �
'� U
W �
�
.�
c
ca
L
�
Q
L
-1.-�
N
�
c
ca
�
�
�
�
c
a�
a
�
L
�
�
�L
L
O
U
�
�
.�
�
N �
I ..L
V
%
� � V �
U � � � ,�
�°�° o Q � " �
o. � c �
Ca � W •� � � J
o W ' ...
� `� � � � o �
� w � a U a
0
0
0
0
�
�
�
0
0
0
0
�
�
�
�
�
0
�
N
w
0
c
rn
�
° o
0
0
�
v
w
0
0
0
0
�
[V
�
O
O
O
O
0
b
�
O
O
O
O
O
W
r
�
�
H
, �
/
s��xT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Coleman, Mayor
DATE: December 31, 2001
TO: Council President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilmember Kathy Lantry
Councilmember Jim Reiter
FROM:
�
Tony Schertler, PED Acting
JOINT POWERS AGRE
C.F. 01-1316 Item #37
DEPARTMENT OFPLANNI�G
& ECONOMIC DEVELOPMEV"C
Brian Sweeney, Director
2� West Fourth Street
SrtinePau[, MN5�102
�'m 7 �
a ,oa
l-O r ,�,�
��G
Telephone: 6il-266-6700
Facsimile: 65/-128-3210
FOR RIVERFRONT BUS�VAY PRO7ECT
Please find attached the Joint Powers greement between the Metropolitan Council and the City
of Saint Paul for the Implementation n The Riverview Corridor Busway Project. This
document is in substantially final f and is recommended for approval by the Administration.
Attachment
l�
K:\Shared\Ped�PUL V ER\j tp wrs.010202. geurs. wpd
Draft 12/31/Ol-Ciry
JOINT POWERS AGI2EEMENT
BETWEEN METROPOLITAN COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE IMPLEMENTATION OF
THE RIVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution both of the
parties, is made by and between the Metropolitan Council (the "Council"), a lic corporation
and political subdivision of the State of Minnesota and the City of Saint Pa (the "City"), a
municipal corporation.
Background Recitals
l. Pursuant to Minnesota Statutes Chapter 473, the
construction and operation of the public transit s
metropolitan region ("Metropolitan Area"), inch
i� currently responsible for the
thin the Minneapolis-St. Paul
City.
p�_�'>\4,
In 2000, the Minnesota Legislature appropri ed from the general fund $25,000,000 in
fiscal yeaz 2001 and $19,000,000 in fiscal ear 2002 to the Councii for public
improvements of a capital nature for eng' eering, design and construction of an exclusive
bus transitway, including but not limit to, acquisition of land and ri;ht-of-way
(Minnesota Laws 2�QQ Chapter 492)
Further, in 2000, the Minnesota gislature appropriated to Metropolitan Council
$6,300,000 for engineering, des' n and construction of bus transitways, including, but not
limited to, acquisition of land d rights-of-way (Minnesota Laws Chapter 479).
Collectively the above-nar�d appropriations are referred to in this Ageement as the
"State Appropriations".
3. The Saint Paul City Co il passed Resolution 00-970 on October 18, 2000, selecting the
Bus Rapid Transit alte tive for the Riverview Corridor for further exanunation subj ect to
the condition that mor citizen participation be required.
4. In December 2000, e Council allocated $46.1 million of State Appropriations consisting of
$44 million of La s 2000 Chapter 492 appropriations and $2.1 million of Laws 2000
Chapter 479 ap opriations for a busway in the Metropolitan Area to the Riverview
Comdor ("Riv rview Comdor Busway Project") or ("Riverview Busway") located in Saint
Paul, as sho�/n in Exhibit A.
5. In April. 2�001, the Council initiated an EIS for the Riverview Corridor Busway Project, a
Corridoi�Management Committee ("Corridor Mana�ement Committee"), a Technical
--1--
Draft 12/31/O1-City
o � -t� 1.(�
Advisory Committee ("Technical Advisory Committee") and a Citizens Workgroup
("Citizens Workgroup") to review and make recommendations to the Council on the EIS.
6. On August 8, 2001, the Saint Paul City Council adopted Resolution O1-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Council to enter ii
joint a�eement to construct the Riverview Busway. /
The Citizens Workgroup, after conductin� numerous sessions reviewing four azate
alignments within the Riverview Corridor, at its September 12, 2001 meeti recommended:
• That the 7` Street al �°nment be the preferred altemative for the Rive - iew-Corridor
Busway Project and
• That the 7"' Street alignment be extended to Maplewood Mall o the east side and the
Mall of America on the west, and
• That additional funds be obtained and used to modify the E interchanges to divert
traffic from West 7�' Street to Shepard Road, and
• That citizen input should be a part of the plannin� pr ess for the Riverview Busway.
. That the original recommendation of the Citizens orkgroup of an EIS for the enrire
Riverview Corridor Busway Project be modified nto a recommendation for an EIS to be
completed which would address potential inte hange modifications at Shepard Road
and I-35E and Shepard Road and West Seve th Street.
8. The Corridor Management Committee o September 27, 2001, appro��ed the
recommendation ofthe Citizens Work oup.
9. The Saint Paul Planning Commissio n October 19, 2001, approved a process for station
area planning and public participati n with the ob}ective of preparing a master plan for
station areas within the Riverview Comdor Busway Project.
10. The Council's Transportati n Committee on October 22, 2001, accepted the
recommendations of the itizens Workgroup and Corridor Management Committees, and
adopted the Scope and plementation Plan as presented.
i l. The Council accepte and approved the recommendations of the Transportation
Committee on Nov mber 12, 2001, and
12. The Council an the City have prepazed an outline of the scope of work and budget
allocation of e funds for the Riverview Corridor Busway Project, which outline is
attached he to and incorporated herein as Eachibit B, and
13. The Co cil has determined that it will make a good faith effort to pzovide sufficient fleet
for the iverview Corridor Busway Project.
-- 2 --
Draft 12/31/Ol-City
b t - 1'�Lt,
14. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the Riverview Corridor
Busway Project and have deterxnined that it is in their mutual best interests and in the
interests of the public to set forth their agreement in a Joint Powers Agreement for the
Riverview Comdor Busway Project pursuant to their powers and authority under
Minnesota Statutes Chapters 473, , , Minnesota Statutes § 1.59
and other applicable statutes.
15. The parties have passed Resolutions or taken other action listed as follows thorizing
their officials to execute this Joint Powers Agreement beriveen and amo the Parties
which contains the following terms and conditions with respect to the gineerin„ design
and construction of the Riverview Corridor Busway Project.
Resolutions
Council
Date Passed
12/12/Ol
No.
-502
City
Now, therefore, for mutual valuable cor
by the parties, the Council and the City
n, the sufficiency of which has been agreed to
foilows:
I.
Purpose
The putpose of this Agreement is
and issues with respect to the eng
Busway Pro}ect. �
forth the agreements made between the parties on topics
ig design and construction of the Ricerview Comdor
II.
Station Area Pianning
A. Definition. For p oses of this Agreement, Station area planning ("Station Area Plauning"
consists of the f lowing elements:
(1) Develo ment and implementation of a public participation process consistin�
of establishment of three Station Area Advisory Task Forces, i.e. one
St ion Advisory Task Force to be established for each of the following
eas of St. Paul:West Seventh between Shepazd/Davem and Smith;
��
Draft 12/31/O1-City
a�-��t�
Downtown; Eastside; and
(2} Development of a master plan for the Riverview Corridor Busway Project
which includes plans for each station area, redevelopment plans,
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is Eathibit C, which shows the Council's expected
locations for bus stations along the Riverview Corridor Busway Project.
�
Responsibility. The City shall be responsible for development and
Station Area Planning.
��
The City shall develop and complete Station Area Planning in consult ion with staff of the
Council's Metro Transit Division and the Council's consultant for t �cal assistance.
The City shall ensure that to the greatest extent possible Station ea Advisory Task Forces
established pursuant to Station Area Planning work cooperati ly with the Citizens
Workgroup to facilitate public input on the individual statio areas.
Further, the City shall ensure that the redevelopment
developed pursuant to Station Area Planning for the
includes the bus stations in the locations shown on F�
and implementation strategies
�ie�v Corridor Busway Project
C and that the existing zoning or
rezoning done by the City with respect to the Riv iew Corridor Busway Project is
appropriate for the Council's bus stations in the ocations shown on Exhibit C.
III
Land A uisition
A. Definition. For purposes of this Agree ent, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemn on, of land pazcels at Riverview Corridor Busway
Project sites identified by the City d Council for future transit-oriented development.
Land Acquisition includes the pur ase price or condemnation commissioners' award
("Purchase Price") and assoc
appraisals, title work, relocat
investigation and cleanup, if
closings, document
costs ("Acquisition
Acquisition pl showing the specific parcels to be acquired.
�te acquisition costs including but not limited to real estate
�, demolition of existing building, environmental
�ecessary, acquisition of the pazcels including negotiations,
and other associated closing procedures and condemnation
As of the date of this greement, the City and Council have identified the properties shown
on Exhibit D attache hereto and made a part hereof as property tentaticely to be acquired
for the Riverview orridor Busway Project. Prior Io the start actual acquisition of any
parcel, the City 11 submit to the Council for the Council's review and approval a Land
-- 4 --
Draft 12/31/O1-City
Ot-t�l�
B. Responsibilitv. (1) The City shall be responsible for Land Acquisition. The City may
utilize the services of the Housing and Redevelopment Authority in and for the City of St.
Paul to accomplish Land Acquisition. The City may subdivide the parcels which have been
acquired as Land Acquisition. With respect to the parcels or portions thereof acquired by
the City as Land Acquisition which the Council in its sole discretion has determined ar
necessary for conshuction, operation and maintenance by the Council of the bus fa � ities
in the locations shown on E�ibit C, the City shall convey to the Council marke le fee
title or such other real properry interest as agreed to by the parties to the Co il to those
parcels or portions thereof free of interests, liens, or encumbrances which e Council
determines will interfere with consriuction, operation or maintenance o the CounciPs bus
facilities. The determination as to the type ofproperty interest to be onveyed to the
Councill be agreed to by the parties for each pazcel or tract acquir d by the City.
With respect to those parcels or portions thereof on which
property interest to be conveyed by the City to the Counci
easement, prior to conveyance to the Council of the real�
thereof necessary for construction, maintenance and
provided in this Section III ofthis Agreement, the C
recommended in the Phase I, a Phase II environm�hl
either: �
have agreed that the
fee title or a permanent
:rty interests sites or portions
i of the Council's facilities as
will have completed a Phase I and if
investi�ation on the sites and will
a. Certify that no hazardous wastes, po utants or contaminants as those terms are
defined under any federal, State of innesota or local statute, ordinance, code or
regulation has been found on the ites; or
b. If hazardous wastes, pollut s, or contaminants as those terms are defined under
any federal, State of Minn ota or local statute, ordinance, code or regulation have
been found on the site, t City will certify that it has completed the Response
Action Plan approved the applicable regulatory agency and received a no
association letter, no ction/no further action letter and other environmental
regulatory assuranc s goveming the site naming the Council as a beneficiary of all
such environmen 1 regulatory assurances.
The City will rovide to the Council copies of Phase I and Phase II environmental
investigatio , the approved Response Action Plan, and the envuonmental
assurance tters naming the Council as beneficiary prior to transfer of title to and
of titie to the site by the Council.
�2)
With resp ct to those parcels or portions thereof on which the parties have agreed that the
propert interest to be conveyed by the City to the Council is fee title, thiriy days prior to
the da of conveyance of each pazcels or portions thereof, the City shail fumish to
Co cil an abstract of title or a registered property abstract, certified to date to include
-- 5 --
Draft 12/31/O1-City
O�—��l�e
proper seazches covering banlmiptcies, state and federal judgments and liens, and levied
and pending special assessments. The Council shall be allowed ten (10) business days
after receipt of abstract for examination of title and making any objections which shall be
made in writing or deemed waived. If any objection is so made, the City shall have ten
(10) business days from receipt of the Council's written objecrions to notify the Council
of the City's intention to make title marketable within 30 days from the City's recei of
such written objection. If notice is given, the conveyance hereunder required sh be
postponed pending correction of title, but upon correction of title and within n(10) days
after written notice to the Council the parties shall perform this Agreeme according to
its terms. If notice is given but title is not corrected within the time p vided for, the City
will reimburse to Council the Acquisition Costs of the parcel or po on thereof for which
title is not marketable. The Council agrees to accept an owner' itle policy in the full
amount of the conveyance in lieu of an abstract of title if the operty is subject to a
master abstract or if no abstract of title is in the City's pos ssion or control. If the
Council is to receive such policy (1) the title examinatio period shall commence upon
the Council's receipt of a current title insurance co � ment.
(3) The City may for purposes of transit-oriented
Corridor Busway Project either retain or sell �
Land Acquisition pursuant to this Section III
Council in its sole discretion to be not neces
maintenance of the CounciPs bus facilitie�
(4)
(5)
related to the Riverview
h� e parcels or portions thereof acquired as
this Agreement determined by the
uy for construction, operation and
the Riverview Comdor busway Project.
The City will reimburse to the Counci a) the fair market value less reasonable expenses
associated with the sale of the Land cquisition parcels or portions thereof retained or
sold by the City for transit-related evelopment; and (b) the non-Purchase Price
Acquisition Costs associated wit the City's acquisition of the parcel or portions thereof
retained or sold by the City.
For purposes of this Agreem t, the fair market value of the parcels or portions thereof is
either the price at which th City seils the parcel or portion thereof to an independent
buyer in an arms length tr saction or the fair mazket value determined by an independent
fee appraiser whose sel tion is mutually agreed to by the Council and the City,
whichever is higher le s the value of any improvements that may have been provided by
the City.
The City shall m ket and sell the parcels or portions thereof acquired as Land
Acquisition pu uant to this Section III of this Agreement for the purpose of transit-
oriented deve pment related to the Riverview Corridor Busway Project.
The
City
will advance funds to the City for Land Acquisition upon certification by the
City has initiated acquisition of a parcel or parcels by purchase or
n, provided however, that the amount of funds advanced to the City by the
�
Draft 12/31/Ol-City
b�-t,�t�
(6)
��)
�
Council shall be the amount certified by the City to be necessary for acquisition of
individual pazcel or parcels on which the City has commenced acquisition.
The maxunum amount of funds to be advanced by the Council to the City for Land
Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed to b}
Parties. �
The City agrees to complete Land Acquisition and reimbursement to e Council
pursuant to this Section III of this Agreement by December 31, 2 4 unless otherwise
agreed to by the parties. In addition, no later than December3 2004, the City will
reimburse to the Council any funds plus accrued interest tha ave been advanced by the
Council to the City for Land Acquisition and remain unsp t on December 31, 2004.
The Council will be responsible for acquisition of the roperiy necessary for construction
of the transit hub at Maplewood as shown on Exhib� C.
IV.
Road Design and
A. Definition - West 7t Street Roadwav. For
construction of theWest 7"' Street Roadwa
of construction plans, specifications, cost
modification of adjoinin� areas to acco m
West 7t Street between I-35W and D ntc
design and construction contracts, c tract
�
p,tirposes of this A�reement, road design and
/("We`st 7"' Street Roadway") is the prepazation
stimates for ali roadway improvements and
odate the Riverview Corridor Busway Project on
�wn St. Paul, , advertisement and award of
administration, and construction inspection.
The City shall be resp sible for completion of the West 7"' Street Roadway of the
Riverview Corridor sway Project. The parties agree that the West 7` Street
Roadway design an construction will be done in stages.
During the desi of a stage of the West 7` Street Roadway, the City shall
incorporate int construction plans, design and engineering elements provided to
the City by Council associated with Riverview Corridor Busway station needs,
including b t not lnnited to the following design elements: relocation of utility
manholes ight bases, curbs, drainage changes, fences and other obshuctions
2.
around s�'ation areas.
3. Pnor o start of conshuction of a stage, the City shall submit to the Council for
Co cil's review and approval the final construction documents which will include
p s, specifications and a proposed construction schedule for the Riverview
-- 7 --
Draft 12/31/Ol-City
�l-171�
Comdor Busway Project to the greatest extent possible. The proposed construction
schedule shall be in compliance with Exhibit F attached hereto and made a part hereof.
4. The City shall advertise for bids for construction of the West 7�' Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract wi1
successful bidder, and construct the Riverview Corridor Busway Proj ect in
accordance with the plans and specifications, reviewed and approved by th ow
and designated as the Riverview Corridar Busway Project. The City's
5.
advertisement for bids and construction of the Riverview Corridor b way Project
shall be in compliance with all applicable provisions of the State ppropriation,
Minnesota state law, and regulations, including but not limite o compliance with
prevailing wage requirements, applicable federal law and r lations and any
applicable local ordinances, all of which shall be consid ed a part of this
Agreement as though fully set forth herein.
The City will administer the contract and insoec,rthe construction of the contract
work for the West 7"' Street Roadway. The �/ork included in the West 7`� Street
Roadway may be inspected periodically b the Council's authorized representative,
but the CounciPs authorized representa �ve will not have responsibility for the
un 1 reasonably determines the work included in
been constructed substantially in accordance
he Council through its authorized representative
such defects. The City shall require its
, and/or meet the requirements requested by the
Council through its autho ' ed representative. All work included in the West 7`"
Street Roadway shall b erformed in substantial accordance with the construction
documents approved the CounciL The City will inform the Council in writing of
completion of const ction of West 7` Street Roadway. Within a reasonable time
thereafter, the Co cil will inform the City in writing either that the West 7"' Street
Roadway as con ructed conforms to the construction documents approved by the
Council or that he West 7"' Street Roadway does not conform to the approved
construction ocuments. The Council will further inform the City of the specific
reasons for on-conformance to the construction documents and what steps, in the
opinion o the Council, must be taken by the City to make the West 7`'' Street
Roadw conform to the construction documents. The finai decision on
confo ance of the West 7t Street Roadway to the construction documents will be
mad by the Council. Evidence of the Council's decision that the West 7`'` Street
Ro dway conforms to the construction documents approved by the Council will be
i writing by letter from the Council's General Mana�er of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`� Street Roadway not conform
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
supervision of the work. If the (
the West 7"' Street Roadway has
with the construction dc
shall inform the City in
Contractor to make the
�
Draft 12/31/O1-City
construction documents.
6. The City will submit any amendments to or material changes in the approved West
7t Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which review and approval
approval will not be unreasonably withheld and will be provided to City in a ti 1}
manner. Such amendments to the approved final construction documents or
changes in the construction schedute must be submitted to the Council' authorizet
representative at least thirty (30) days prior to the implementation o uch change.
The City agrees that it will not proceed with amendment to or ch ges in the
approved final construction documents or construction schedul of the West 7"'
Street Roadway until the Council has consented to such cha e in accordance with
its procedures and has approved such change in writing as videnced by letter to the
City from the Council's authorized representative.
C. Maintenance and Operation -West 7` Street Roadway. Ex ept for those real property
interests conveyed to the Council pursuant to Section II f this Agreement and the bus
facilities installed by the Councii, the City will own, o erate and maintain the West 7"'
Street Roadway.
6i-�a 1�
D. . Definition - Phalen Roadwav._ For purposes o his Agreement, road design and __ ______ .
constnxction of the Phalen Roadway ("Phale oadway") is the prepazation of construction
plans, specifications, cost estimates for all adway improvements and modification of
adjoining areas to accommodate the Riv iew Comdor Busway Project in the future
Phalen Corridor between Arcade Stree and 7ohnson Parkway as shown on Exhibit Al
attached hereto, advertisement and a ard of design and construction contracts, contract
administration and construction in ection. The Phalen Roadway will form an inte�ral
portion of the Riverview Corrido .
E. Res onsibilit - Phalen Roa va . The City shall be responsible for the completion of the
Phalen Roadway and upon ompletion of construction, the Phalen Roadway will become a
portion of the Riverview orridor Busway Proj ect to be used by Council buses traveling
within the Busway Proj ct. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Co ncil for the Council's review and approval, the final construction
documents which w' include plans, specifications, and a proposed construction schedule
for the Phalen Roa way. The the greatest extent possible, the proposed construction
schedule shall be n compliance with Exhibit F attached hereto and made a part hereof.
F. Maintenance d O eration - Phalen Roadwa . The City will own, operate and maintain
the Phalen oadway.
�
Dra812/31/Ol-City
b t -l� tio
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modificarions to existing si�al systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
V.
Signalization
B. Responsibilitv.
2.
The City shall have responsibility to design, construct and � plement Signalization
and will utilize consultant expertise as needed. The Ci s design, installation and
implementation of Signalization shall be in compli ce with all applicable
provisions of the State Appropriation, Minnesot tate law and regulations,
including but not limited to compliance with p evailing wage requirements,
applicable federal law and regulations and y applicable local ordinances, all of
which shall be considered to be a part of is Agreement as though fully set forth herein.
During the design stage of Sign�
installation documents elements
Signalization needs.
the City shall incorporate into the final
to the City by the Council associated with
3. The City will submit plans and
review and approval by the C
the final Signalization plans�n
pecifications for Signalizarion to the Council for
iciPs Metro Transit Division and shall include in
specifications items required by the Council.
4. The City will administer e contract and inspect the installation of the contract
work for the Signalizati . The work included in the Signalization may be
inspected periodically y the Council's authorized representative, but the Council's
authorized represent ive will not have responsibility for the supervision of the
work. If the Counc' reasonably determines the work included in the Signalization
has not been insta ed substantially in accordance with the construction documents,
the Council thro gh its authorized representative shall inform the City in writing of
such defects. e City shall require its Contractor to make the corrections and/or
meet the requ ements requested by the Council through its authorized
representati e. All work included in the Signalization shall be performed in
substantia accordance with the approved installation docuxnents. The City will
inform t Council in writing of completion of construction of Signalization.
Within reasonable time thereafter, the Council will inform the City in writing
either at the Signalization as installed conforms to the installation documents
appr ved by the Council or that the Signalization does not conform to the approved
in allation documents. The Council will further inform the City of the specific
isons for non-conformance to the installation documents and what steps, in the
inion of the Council, must be taken by the City to make the Si�nalization
-- 10 --
at-�a�cp
Draft 12/31/O1-City
5.
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Councii. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Mana ei
of Metro Transit. Metro Transit will not unreasonably withhold acceptance e
Signalization. If the Council has informed the City that the Signalizati does not
conform to the installation documents in accordance with this Paza ph IV, the
City will take the steps necessary to make the Signalization co rm to the
installation documents.
The City will submit any amendments to or material
Signalization fmal installation documents, includi
Council for review and approval, which approv wi
and will be provided to the City in a timely m er.
approved final instruation documents
must be submitted to the Council's ac
prior to the implementation of such cl
with amendment to or changes in the
installation schedule of the Signaliz
change in accordance with its proc i
as evidenced by letter to the City or.
S.14anges in the approved
the installation schedule, to the
1 not be unreasonably withheld
Such amendments to the
in the construction schedule
hor' ed representative at least thirty (30) days
e. The City a�rees that it will not proceed
proved final instaliation documents or
m until the Council has consented to such
�es and has approved such change in writing
the Council's authorized representative.
C. Sienalization. The City shall own, op ate and maintain Signalization. Prior to completion
of Signalization by the City, the part� s will enter into an operation agreement which will
address how the City will operate S�gnalization, require the City to coordinate with the
Council in operation of Signalizat� n, and provide that the City may not significantly
modify its operation of Signaliza on without the Council's approval.
VI.
EIS an Preliminary Design of Interchanges
Definition. For purposes of t is Agreement, Federal Highway EIS and preliminary design of
interchanges ("Federal Hi ay EIS and Preliminary Design of Interchanges") means the
prepazation of an Enviro ental Impact Statement ("EIS") and related preliminary design for the
proposed modifications the interchanges at Shepard Road at I-35E and Shepard Road at THS.
Responsibility. The ity shall be responsible for being the lead agency in the EIS and
Preliminary Design f Interchanges process together witl� participation of Ramsey County and
MrrDOT as requir d by their responsibilities for the interchanges and together with the Federal
Hiahway Admi 'stration as the lead federal agency.
-- 11--
o�-�� ��
Draft 12/31/Ol-City
VII.
Station Design and Construction
Definition. For purposes of this Agreement station design and construction ("S
Construction") means the prepazation of preliminary and final design plans and
documents and construction for the station sites includin� ITS equipment in e
Corridor Busway Project.
and
Res�onsibilitv. The Council shall be responsible for Station Des' and Construction of each
station site within the Busway, the locations of which sites aze own on Exhibit C to this
Agreement. As more fully provided in Section III, Pazagrap 3, of this Agreement, the Council
shall review and approve Road Design and Construction t ensure that sireet improvements
accommodate the Station Design and Construction at ea station location.
VIII� Board Fare Co ection System
Definition. For purposes of this Agreement, off
Collection System") means a self-service proof�
machines ("TVMs") and validators which are�io�
Responsibility. The Council will be
Collection System.
�ard faze collection system ("Off Board Fare
payment system using ticket vending
ted on the station platforms.
for implementation of the Off Board Fare
IX.
Service Plan
Definition. Far purposes of this A eement, service plan ("Service Plan") means a plan which
provides for frequency of limited top bus operations and bus stop locations from downtown St.
Paul to the Mall of America d� g the interim stage of implementation of the Rivervie�v
Comdor Busway Project and om Maplewood Mall to Mall of America durin� the final stage of
the Busway Project.
Responsibilitv. The
each stage of the Ri�
individually and coo
low-platform buses �
incorporation of th�'
o il shall develop the Service Plan during design and construction of
v' w Corridor Busway Project. The City and the Council will
° atively pursue funding to support the acquisition by the Council of new
seve the Riverview Comdor Busway Project and to support the
test bus technology that minimizes noise and air qualitt� impacts.
-- 12 —
d �.. �'� L�
Draft 12/31/Ol-City
X.
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibilitv: The Council shall be responsible for Public Art.
XI.
Traffic Studies
Defmition. For purposes of this Agreement, traffic studies ("Traffic Stu es") means studies to
identify the projected level of service and the need for diamond lanes r the Riverview Corridor
Busway Project.
Responsibilitv. The Council has the responsibility to perform affic Studies.
Future Traffic Studies. If the Council and the City determi e the need for future traffic studies,
The City and the Council will jointly determine the subj t matter, scope and responsibility for
such traffic studies.
Financial
�
Estimated Bud¢ets. The parties �
listed in Sections II through X of
Section of
This Agreement
II
III
III
IV
IV
V
VI
VII
VIII
VII
VII, I
X�
Land
Land
Road
Road
Payment
�that the bud�et estimates for each of the items
Agreement aze as follows:
Area Planning
tion (Maplewood Hub)
and Construction
and Construction (Phalen)
E and Preliminary Design of
Interchanges
Station Design and Construction
Off Board Faze Collection System
ITS System
Planning, Design, Public Involvement
Public Art
Responsibilitv
City
City
Council
City
City
City
City
Council
Council
Council
Council
Council
Budeet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
--13 --
Ot-t�l(
Draft 12/31/Ol-City
None Specific Staff and Contingency
Council
TOTAL
The above items and associated budget estimates are more fully described in
attached hereto and made a part hereof.
3,500,000
$46,100,000
The budget estimates attached as E�ibit E include work completed or c ently
underway by City staff and City's consultant as of the date of this A eement.
B. Reimbursement b the Council. As further provided in this Se iAn XII and subj ect to
Section XN, Pazagraph E of this agreement, the Council sh reimburse the City for the
items listed above in Section XII.A. as the City's respons' ility based upon the
calculations for the costs for each item as shown above d in Exhibit E attached hereto.
The Council has no obligation to reimburse the City for or make any payments to the City
for any work or items except those items listed ab ve in this Paragraph XII.A.
Unless otherwise agreed to by the parties b�tten amendment to this Agreement, the
maximum reimbursement by the Council to e City for each line item shali be the
amount stated under the Budget amount in ection XII.A.
The parties further agree that the budge for each item shown above in Section XII.A and
in Exhibit E are estimates of the bud t and that the unit prices set forth in each of the
City's contracts and final quantities s measured by the Council shall govern in
computing the final costs for each � em for purposes of reimbursement.
In the event, the City determin s the need to amend its contract(s) with a supplemental
agreement or change arder in ccordance with Section IV, V of this Agreement which
results in an increase in the ntract amount, the estimated cost for the item to be
performed under the contr t, Council agrees to reimburse to the City the increased
amount as documented i the supplemental agreement or change arder in accordance with
the terms of this Agreeyfien
:�
In no event shall th Council's obligation to reimburse the City for the items listed in
Section XII.A. as e responsibility of the City exceed $21,450,000.
Terms of Pa nt. Except for (a) the specific provisions of this subparagraph with
respect to th est 7"' Street Roadway and the Phalen Roadway and (b) the provisions in
Section III f this Agreement with respect to Land Acquisition and (c) Signalization,
payment ill be made by the Council promptly after City presentation of invoices for
service performed and acceptance of such services by the Council's authorized a�ent.
shall be submitted with the following information: a project number to be
-- 14 --
o�-�� i�
Draft 12/31/O1-City
supplied by the Council; a sequential invoice number; the filing address, if different from
the business address; a description and supporting documentation of the work performed;
the total request for funds; and an ori�inal documentation of the �vork performed; the total
request for funds; and an original signature by the City's authorized a�ent.
Reimbursement shall be made by the Council not to exceed each invoiced nt within
thirty (30) days after the City presents the Council with the invoices fo i�ible costs
incurred under the scope of work identified above.
With respect to the West 7"' Street Roadway design, the C cil will reimbursr the City
for design services as accrued and billed every 30 day p to a maximum billed every 30
days up to a maximum of 14% of the estimated roa ay construction costs until the time
a West 7"' Street Roadway construction contract ' awarded. The Council will reimburse
the City for additional design and inspection s ices as accrued by the City after the
West 7` Street Roadway construction contr t award up to a maximum of 25% of final
construction contract awazd - i.e. the
day basis for design services prior a�
contract plus reimbursement on a 30
construction award design and inspe
construction contract award for the/�
ursement by the Council to the City of a 30
of the West 7` Street Roadway construction
basis by the Council to the City for post-
services shall not exceed 25% of the
7"' Street Roadway.
With respect to the West 7"' Str et Roadway construction contracts, upon the City's
request and submission to the ouncil of certification that the City has awarded the
contract for construction of e West 7` Street Roadway and will issue the notice to
proceed for Road Design d Construction within 30 days, the Council will advance to
the City an amount not t exceed 25% of the construction cost in the awarded contract for
construction of the We�f 7` Street Roadway.
With respect to the alen Roadway, upon the City's request and submission to the
Council by the Ci that the City has obtained the necessary funds for and consequently
will proceed wit construction of the Phalen Roadway, the Council w�ill pay to the City
$2,000,000 eith r as an advance toward construction of the Phalen Roadway or as
reimburseme for design services already performed by the City for the Phalen Roadway.
With respe t to Signalization, upon the City's request and submission to the Council of
certificaf n that the City has awarded the contract for installation of Signalization and
will iss e the notice to proceed for Signalization within 30 days, the Council will advance
to the ity an amount not to exceed 25% of the installation cost in the awarded contract
for i stallation of Signalization.
th respect to the Phalen Roadway, upon the City's request and submission to the
ouncil of certification that the City has awarded the contract for desi�n of the Phalen
Roadway, the Council will advance to the City an amount not to exceed 25% of the
design costs in the awarded contract for the Phalen Roadway.
-- 15 --
O(-1���
Draft 12/31/Ol-City
In addition, upon the City's request and submission to the Council of certification that the
City has a�varded the contract for construction of the Phalen Roadway and will issue the
notice to proceed for construction of the Phalen Roadway within 30 days, the Councill
will advance to the City an amount not to exceed 2�% of the construction cost in th�
awazded contract for construction of the Phalen Roadway.
In no event shall the advancement of funds for or reimbursement for the P en Roadway
by the Council exceed $2,000,000.
Conditions of Pavment. All services provided by the City purs t to this Agreement
shall be performed to the satisfaction of the Council, as dete med at the sole discretion
of the Council's authorized agent, and in accordance with applicable federal and state
laws including but not limited to Minnesota Laws, Cha ers 479 and 492, and applicable
local ordinances. If the City, its contractors, or subco actors submit work which is not
acceptable to the Council, the Council shali state w' particularity in what respect the
work submitted is unacceptable, and the City, its ontractors and subcontractors shall be
given a reasonable opporhznity to correct any o �ections by the Council. If, after
reasonable corrective efforts by the City, the ouncil remains unsatisfied with the work,
or concludes that the work was performed i violation of federal or state law, the City
shall not receive payment for such work , if the City has been advanced funds for the _
work pursuant to this Agreement, shall imburse to the Council such advanced funds..
D. Items to be Paid. Subject to the p
A�reement, the Council shall pay
of this Agreement as the responsy
E.
sions of Section XIV, Paragraph E of this
the items listed in Section XII
of the Council.
The parties agree that as of the date of this Agreement,
the funding for the Rivervie Corridor Busway Project is from State Appropriations
which are appropriations $25,000,000 in fiscal year 2001 and $19,000,000 in fiscal
year 2002 to the Counci for public improvements of capital nature for engineering,
design and constructio of an exclusive bus transitway including but not limited to,
acquisition of land right-of-way and an appropriation of 52,100,000 to the Council
for engineering, de gn and construction of bus transitways.
The parties agre that if the amount of State Appropriations to the Council as stated
above in this p agraph - i.e.the amount of $46,100,000 decreases for any reasons, this
Agreement s all terminate unless within 60 days of written notification by the Council to
the City of uch decrease, the parties have executed a written amendment to this
Agreeme which specifically provides for the items to be completed in light of the
decreas appropriations, and the estimated costs and responsibilities for those items.
of this Agreement due to decrease in the amount of State
'�.�
o�_i���
Draft 12/31/Ol-City
Appropriations, the Council has no fiuther obligations under this Agreement except for
reunbursement of costs incurred by the City pursuant to this Agreement prior to
termination. The City agrees to include in any contracts which the City will pay with
funds provided by the Council under this Agreement, a termination clause which allows
the City to terminate the contract with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate.
Upon termination of this Agreement due to rescission of State Appropriations, the
Council has no further obligations under this Agreement.
F. Authorized Agents. The Council's authorized agent for the purpose of a inistration of
this Agreement is Gary Orlich, Project Manager, Metro Transit, 560 Si Avenue North,
Minneapolis, MN 55411-4398, (612) 349-7465, or his successor. S agent shall have
final authority for acceptance of the City's services and if such se ices are accepted as
satisfactory, shall so certify on each invoice submitted. The Ci s authorized agents for
the purpose of administration of this Agreement aze the Dep ent of Economic
Development Director or his designee and the Public Wor Department Director or his
designee at City Hall Annex, 25 West Fourth Street, St. aal, MN 55102, (651) 266-
6576.
XIII.
Schedule
The parties agree fhat the items lisYed in Section�throu�h XI of this Agreement shall be
completed in accordance with the schedule atta ed hereto and made a part hereof as E�ibit F.
listed as the Cit 's res onsibili under P a a h XII.A. of this Aereement. The City agrees
that all items listed as the responsibilit of the City in Saction XII of this Agreement shall be
completed no later than December 3 2004 and that the Council has no obligation to reimburse
the City for any items which have t be substantially completed by December 31, 2004.
Further the City agrees to reimbu e to the Council on December 31, 2004, any and all funds
which have been advanced to t City by the Council pursuant to this Agreement for items for
which the City is responsible d which have not been substantially completed by December 31,
2004.
XIV
General Provisions
A. Term of Ae ement. This Agreement shall be effective on December 31, 2001, or upon
execution f this Agreement by the parties, whichever is eazlier, and shall remain in effect
-- 17 --
a �-�3L(
Draft 12/31/Ol-City
f:�
C.
�
until December 31, 2004 unless otherwise agreed to by the parties_
Cancellation. The Council mav cancel this A�reement, with cause upon 60 days written
notice to the Citv.
Insurance. Each pariy agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
CounciPs liability is governed by the provisions of Minnesota Statutes, C apter 466. The
City and the Council each warrant that each party is able to comply wi the
aforementioned indemnity requirements through an insurance or sel msurance program
and have minimum coverage consistent with the liability limit � tained in Minnesota
Statutes, Chapter 466.
Emplovees. All employees of each party and all persons �aged by each Party in the
performance of any work or services required or provid d for herein to be performed by
each party shall not be considered employees of any her party and that any and all
claims that may or might arise under the Workers' ompensation Act or the
Unemployment Compensation Act of the State Minnesota on behalf of said employees
while so engaged, and any and all claims ma by any third parties as a consequence of
any act or omission on the part of said emp yees while so en'aged, on any of the work
or services provided to be rendered herei , shall in no way be the obligation or
responsibility of any other party.
E. Apolicable Provisions of Law.
and requirements of the State ,
the appropriation must be sper
regulations including but no :
federal law and regulation an�
considered a part of this gree
F
CC�
shall to comply ���ith applicable provisions
is to the Council including the provision that
, Minnesota state law, and
nited to compliance with pre� ailing wage requirements,
of any applicable local ordinances all of which shall be
ient as though fully set forth herein.
No Discrimination. T e City agrees to comply with all applicable la�cs relating to non-
discrimination and firmative action. In particular, the City agrees not to discriminate
against any emplo ee or applicant for employment because of race, color, creed, religion,
six, sexual orient tion, marital status, status with regard to public assistance, membership
or activity in a cal rights commission, disability, age, or national oriain, and further
agrees to take ffirmative action so that applicants and employees aze treated equally with
respect to all spects of employement and compensation. The City agees to comply with
Minnesota tatutes section 363.03, subdivision 4, regarding non-discrunination in the
provision f public services, in undertaking the Busway Project.
ata. The City agrees that the reports and any new information that is de�•eloped
assistance of reimbursement by the Council pursuant to this ��reement is in the
�E:�
O l - �� c.�
Draft 12/31/Ol-City
public domain and may not be copyrighted. The City shall comply with the Minnesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administering data
under this Agreement.
H. Entire A,greement. It is understood and agreed that the entire agreement between the
parties is contained herein and that this Agreement supersedes ail oral a;reements and
negotiations between the parties relating to the subject matter hereof. All items referred
to in this Agreement are incorporated or attached and aze deemed to be part of this
Agreement. Any alterations, variations, modifications, or waivers of provisions of the
Agreement shall only be valid when they have been reduced to writing as an�mendmen
to this Agreement signed by the parties hereto. �
I.
Severabilitv. The provisions of this Agreement shall be deemed
this Agreement is rendered void, invalid or unenforceable, such .
the validity and enforceability of the remainder of this Agreem�nt unless the parts which
�y unpair the value of the
iivers by said party of any
by the other party as a
are void, invalid or otherwise unenforceable shall su
entire Agreement with respect to the parties. One or
provision, term, condition or covenant shall not be a
waiver to a subsequent breach of the same by other F
. If any part of
shail not affect
-- 19 --
o�_ �a cc,
Draft 12/31/Ol-City
XV.
Ethics
A. Code of Ethics. The Parties a�ee to maintain a written code or standazds of conduct that
shall govern the performance of its officers, employees, boud members or agents may
neither solicit nor accept gratuities, favors, or anythin� of monetary value from any
present or potential contractor. They may set minimum rules where the financial interest
is not substantial, or the gift is an unsolicited item of nominal intrinsic v ue. This code
or standazds shall also prohibit the Parties' officers, employees, boar members or agents
from using their positions for a purpose that constitutes or presen the appearance of
personal or organizational conflict of interest or personal gain. As permitted by State or
local law or regulations, the code of standazds shall include enalties, sanctions, or other
disciplinary actions for violations by the Parties officers, mployees, board members or
agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or andards of conduct shall prohibit
their employees, officers, and board members fro participating in the selection, awazd,
or administration of a third party contract if a re 1 or apparent conflict of interest would
be involved. Such a conflict would arise whe any of the following parties has a
financial or other interest in the entity select d for award: (a) an employee, officer, board
member or agent (b) any member of his or er immediate family; (c) his or her partner;
or (d) an organization that employs, or in nds to employ, any of the above.
C. Or¢anizational Conflicts of Interest. e Parties code or standards of conduct must
include procedures for identifying a d preventing real and appazent organizational
conflicts of interest. An or¢anizat' nal conflict of interest exists when the nature of the
work to be performed under a pr osed third party contract or may, without some
restrictions on future activities, esult in an unfair competitive advantage to the third party
contractor or impair its objecf ity in performing the contract work.
D. Debannent and Sus ensio . The Parties agree to comply, and assures the compliance of
each third party contract and at any tier, with Esecutive Orders Nos. 12549 and 12689,
"Debarment and Suspe sion," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide barment and Suspension (Non-procurement)," ���ithin 49 C.F.R.
Part 29.
XVI.
andAvailability of Records Requirements
A. Document ion of Pro'ect Costs. All costs charged to the Busway Project must be
supporte by proper documentation, including properly executed payrolls, time records,
invoice , contracts, or vouchers, evidencing the nature and propriety of the charges.
-- 20 --
01 -ta«
Draft 12;31/Ol-City
B. Accounts and Records. The ctiy agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expendihue of all costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the properiy records. These project accounts and
records shall be retained intact the the County for at lease six (6) years following the end
of the term of this Agreement. These requirements shall survive closeout of the Grant Agreement.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the S e
Auditor, or any of their duly authorized representatives at any time durin ormal
business hours, and as often as they reasonably deem necessary, shall ve access to and
the right to examine, audit, excerpt, and transcribe any books, doc ents, papers, or
records, which are pertinent to the accounting practices and pro dures of the other party
hereto and involve transactions relating to this A,;reement fo a minimum of six (6) yeazs
from the expiration of this Agreement.
IN TESTIMONY WHEREOF, the Parties hereto have
by their respective duly authorized representatives.
CITY OF SAINT PAUL
�
Its
Date
Approved as to Form:
�
Its
Date
this Agreement to be executed
COUNCIL
Approved as to Form:
of the City AttorneyOffice of General Counsel
-- 21--
a�_���
Draft 12/31/O1-City
EXHIBITS
A-- MAP SHOWING LOCATION OF RIVERVIEW CORRIDOR
Al - MAP OF PHALEN CORRIDOR
B-- SCOPE OF WORK AND BUDGET
C-- MAP SHOWiNG EXPECTED LOCATIONS OF BUS STATIONS ALONG
RIVERVIEW CORRIDOR BUSWAY PROJECT.
D-- MAP SHOWING EXPECTED ACQUISITIONS OF PROPERTY
RIVERVIEW CORRIDOR BUSWAY PROJECT ,
E -- COST ESTIMATES
F -- SCHEDULE
, ,.,�
Exti,ti,1 �!
a
�
y
r
�
-- --°-� - -= ' - ` �
i: �
s :• r �-,�- ;' ,�,_ '
�' � , '
F I g • '.�'_ :.. �:� �. i ; ....
_ �.'.. c .
' ¢ ��� ...� • ' .:��---...
o �����
�� � �' �: �/� Y
�CY � � N . �/� �
•y .. o; �y
y �.
.' _ ' "!'. a � � j. w
� � � �r
_ _. _ . ,
.� .
=� = �: � .'- .�,i > �, � �:.' � J '�- -' �
(� o B �,'� � _ _ -- y��. ' 5 - - — E
.. _ . __.. r � o
����' 1� '..� ,^I, y � _ - u � - �� � r _ w ��i
� �' � : : .:... n
.
• _ "N - •_ �. �"_'. - : t�V�; i .-h � > �R O C
.
, _ . w
. ::�� . ��+ �
_... _. .
� _ $�: � m 6 �� � . .` � I V O
J . Y �
, ': q 5 �
. " _"._-.:-. ...`(_;.. . �. . �, � 7G
� n A+-4 " � �' � (�. o
° �° � � O f , U
. a`'- � o y .�.,'.:.�. ^/` '` a.� ac�
3 .'�''. r` — �. - �.l - i� - —� a � '
" . 4 �__ . ";��I� :.... ' .i .! a � `• a
�. , �' � � j , } 't C°) b= `: � °� >
� , . _ __ _ : CCJ � ' � �;� � . x�:,. ` .,; - � -; " � . < �_, .
.l�=.:..�_ .. � � n:— .:-�'� = rU �' : :° �'� .`�`�. �`,
--'�:_': -c - r�~ -- -�° ;� � , .�: m i /
. s �, � ....�; � :: . ; � ..;
��� `�:
� -`- - '� ..:.i ' _...-. . __ F y S � T \ . ~. _ �
; _. �� �. ; :
,
: ..:, �
� � ...d.T.;:. • : .: _.�,... � ! -
� , ,. ' -
-- ' � � - -, - '' - '"" ?.i. ` ` � - :
. .
,
:..__�':...._- 1_
.. �, : _
.
. „_ , �
— , , :_ _ _
.
--::
- .:. ]. . �._.l !,: _ . • .
. _' . .., d � 3
, _ . . �:i.� ' --- n<
- _ _ -�._i- l.,:i;_. � �
�---_. _.. ,
-- � ;- - ,c.� :.- — i r� P_ i ° �
__ __ I J .'� - Q`f..�. . `� � . . '��� `52�� � �U
--- -- , i ' I ' - '' �.: �: ..a� -- � �s LL� _ , �o ,,P 3
— _— _- _-_'- ._ _ ... _ _ +. � .�,•. ��_::::: =� ' � � u --
_ —_ "' __ —v � � � 7. rS a � � b � ; u
_ _—__ ' ' ; �.. . c� �CC ��.' � I �l a� m �c
:.- __ _-_-___._ '.Y U ... '�^ .z,�,� ..5.` 't .-��
� ,-� ......
:. .:
. .-�i --
.., ; .. - - !� - _ _ .».
.
.....: . .. ..:...' , .' , � l . _ " ' '
. ._ . . . ... �' /' ' '. . �^L r . _ .... _ . _ � . " � _' _ �." _' � �
p. y t P� o
� �'� � 1 a, Q�� i i t i
t � :0,.1 �
�..� i � . `ea , :
Green Sheet # ' � � � � �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # 0� � � _����
--�--�
Resolution #
�
.�
Committee: Date
2
0
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Approval of Joint Powers Agreement with Metro Transit and Metropolitan Council Concerning the
Riverview Corridor Project
WHEREAS, the City of Saint Paul desires implementation of the Riverview Corridor Transit Project (Project)
in cooperation with Metro Transit and the Metropolitan Council; and
WHEREAS, the City of Saint Paul is steadfast in supporting the Project with elements as listed in City Council
Resolution O1-814, dated August 8, 2001, relating to preferred route alignxnent, pedestrian access, station
design and location, redevelopment, and diversion of traffic onto Shepard Road; and
WFIEREAS, the City of Saint Paul supports the following Project elements as recommended by the Riverview
Corridor Citizens Workgroup�in September, 2001 and subsequently adopted by the Metropolitan Council on
November 7, 2001 such that:
— Seventh 7`� Street be the alignment for the Local Transit Improvement Project
— The alignment be extended to Maplewood Ma11 on the east side and the Mall of America on the
west side; and
WHEREAS, the City desires to establish a process for swift and effective implementation of the various
elements of the Project; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WHEREAS, City ask HRA to undertake land acquisition necessary for Station and Station Area development
fiu�ther described in E�ibit A, of the Draft Joint Powers Agreement; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WT�EREAS, the City of Saint Paul has entered into a Joint Powers Agreement with the Metropolitan Council
totalling $46.1M for the Riverview Conidor Project, and
WIIEREAS, this agreement designates the City of Saint Paul as the responsibie parry for $22.SM for: station
area planning, land acquisition, road design and construction, Phalen coordination, signalization and EIS
and preliminary design of interchanges.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
° � � - I3��,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint Paul approves the aitached Joint
Powers Agreement; and
BE IT FURTIIER RESOLVED, that the "Riverview Comdor Project" will include $22,500,000 financing
from the Metro Transit which represents the estimated amount of the project that will be the responsibility of
the City of Saint Paul, and
BE IT FINALLY RESOLVED, by the Council of the City of Saint Paul, upon recoxnmendation of the Mayor
and advice of the Long Range Capital Improvement Budget Committee, that $ 22,500,000 is available for
appropriation in the 2002 Capital Improvement Budgets, as heretofore adopted and amended by this Council,
be hereby further amended in the Improvement Budgets, in the following particulars:
FINANCING PLAN
Riverview Corridor Project
CO2-2XXXX
Metro Council
SPENDING PLAN
Riverview Corridor Project
CO2-2�
Conshuction
�'�,, y"�. 1 r^o s� �� S
� t 3�„1 � 3 g $ ; d t +
�`ael Y �, � "4.r ; '! U S�4 �.»
Current
Budget
1 11
1 11
Changes
22,500,000.00
22,500,000.00
Amended
Budget
22,500,000.00
22,500,000.00
Aequested by Department of:
Plannin & Economic De lo ment
♦
By:
Approved by Financ' erv ces
By: � � �
\
By:
Apprwed by
By:
Form Approved b
By:
:d by May
By:
Adopted by Council: Date ��O O�.
Adoption Cer*+f;Prl ht, rn,,,,�;� cP�rPrar.,
DEPARTMENIYOFFICE/COUNCII.: DATE IIVITiATED GREEN SHEET No.: 110668
- Planning & Economic Dev. December 12, � �-� �(�
2001
CONTACI' PERSON & PHONE: INiTTAClDATE INiTIAIJDATE
Allen I.ovejoy 6-6576 � z rm nmscrox 4 CTfY COUNCIL D. BOSIROM
MUST BE ON COUNCII, AGENDA BY (DATE) �IC'N 3_C1TY AITORNEY - CITY CLERK
5 FINANCIAL SERV _1_ B. GEURS
DECCIDUET' 19, Z.00I �g ffiER 6 MAYOR (OR ASST.)
ROUTING
ORDBB
TOTAL # OF SIGNATURE PAGES _7_(CLIP ALL LOCATIONS FOR SIGNAT[JRL�')
ACTION REQUESTED:
��
RECOMI��NDATIONS: Approve (A) or Rejut (R) .. PERSONAL SERVICE CONTRACl'S M[7ST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION , 1. Hu this peison/firm evet worked under a contract for this depaztrnent?
' CIB COMMiTTEE Yes No
CIVII. SERVICE COMMLSSION 2. Hu this person/firm ever been a ciTy employee?
Yes No
3. Does this person/fum possess a skill not normally possessed by any cutrent city employee?
Yes No
E�lain all yes answers on separate sheet aud attach to green sheet
INITIATiNG PROBLEM, ISSiJE, OPPORTUNIT'Y (Whq What, When, Where, Why): .
Through the adoption of the attached resolution, direct staff to negotiate and execute a Joint Powers Agreement
among the City, Metro Transit and Metropolitan Council for the purpose of implementing the Riverview Corridor
Busway,
, ADVANTAGESIFAPPROVED:
Allows the City to implement the $46.1 million Riverview Corridor project in conjunction with Metro Transit.
DISADVANTAGES IF APPROVED: �
None
DISADVANTAGES IF NOT APPROVED:
The City will miss this opporiunity to use the $46.1 million to do redevelopment of neighborhood centers in
conjunction with substantial transit improvements between the West 7`" Gateway area and Hillcrest Shopping area.
TOTAI, AMOLIVT OF TRANSACTION: $22.5 million COST/REVENOE BUDGETED:
� F�7NDING SOURCE: State Grant ACTIViTP NUMBER: CO2-2XXXX
FINANCIAI, INFORMATION: (EXPLAIN)
. Fund 148
KVSM1arcd�PMU.O V EJOi'�FOrms�greensht wpd
DEPARTMENTOFPLANNING
& ECONOMIC DEYELOPMENT
Tony Schertler, Intenm Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
TO:
FROM:
�
January 8, 2002
Council President Dan Bostrom
25 Wut Fourth Street
Saint Paul, eLA�55102
Councilxnember Jay Benanau
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilxnember Kathy Lantry
Councilmember Jim Reiter
Tony Schertler, PED Interim Director ��
�a�
� / %
Telephone: 651-266-6 �00
Facsimile: 651-Z28-3220
Di- �"J\�
JOINT POWERS AGREEMENT FOR RIVERFRONT BUSWAY PROJECT
C.F. 01-1316 with Attachments
Please find attached the Joint Powers Agreement between the Metropolitan Council and the City
of Saint Paul for the Implementation on The Riverview Corridor Busway Project. This document
with attachments is in substantially final form and is recommended for approval by the
Admiuistration.
Attachment
K:�Shazed�Ped�PT7LVERytpaasA 10202.geu�s.wpd
Draft City
JOINT POWERS AGREEMENT � � �, � \ �'
BETWEEN METROPOLITAl� COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE INiPLEMENT:�TION OF
THE RTVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution by both of the
parties, is made by and between the Metropolitan Council (the "Council"), a public corporation
and political subdivision of the State of Minnesota and the City of Saint Paul (the "Ciry"), a
municipal corporation.
Background Recitals
Pursuant to Minnesota Statutes Chapter 473, the Council is cutrently responsible for the
construction and operation of the public transit system within the Minneapolis-St. Paul
metropolitan region ("Metropolitan Area"), including the City.
2. In 2000, the Minnesota Legislature appropriated from the general fund 525,000,000 in
fiscal year 2001 and $19,000,000 in fiscal year 2002 to the Council for public
improvements of a capital nature for engineering, design and construction of an exclusive
bus transitway, including but not limited to, acquisition of land and right-of-way
(Minnesota Laws 2000 Chapter 492).
Further, in 2000, the Minnesota Legislature appropriated to Metropolitan Council
$6,300,000 for engineering, design and construction of bus transitways, including but not
limited to, acquisition of land and rights-of-way (�finnesota Laws Chapter 479).
Collectively the above-named appropriations are referred to in this Agreement as the "State
Appropriations".
3. The Saint Paul City Council passed Resolution 0�-97� on October 18, 2000, selecting the Bus
Rapid Transit altemative for the Riverview Corridor for further examination subject to the
condition that more citizen participation be required.
4. In December 2000, the Council allocated $46.1 million of State Appropriations consisting of $44
million of Laws 2000 Chapter 492 appropriations and 52.1 million of Laws 2000 Chapter 479
appropriations for a busway in the Metropolitan Area to the Riverview Corridor ("Ricerview
Corridor Busway ProjecY') or ("Riverview Busway") located in Saint Paul, as shown in E�chbit
A.
5. In April, 2001, the Council initiated an EIS for the Ricerview Corridor Bus�cay Project, a
Corridor Management Committee ("Corridor Management Committee"), a Technical Advisory
Comixrittee ("Technical Advisory Committee") and a Citizens Workgroup (`'Citizens
-- 1 --
Draft City
Workgroup") to review and make recommendations to the Council on the EIS. d ��� 31 �°
6. On August 8, 2001, the Saint Paul City Council adopted Resolution 01-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Counc� to enter into a joint
agreement to construct the Riverview Busway.
7. The Citizens Workgroup, after conducting numerous sessions reviewing four separate alignments
within the Riverview Comdor, at its September 12, 2001 meeting recommended:
. That the 7`" Street alignment be the prefeired altemative for the Riverview-
Corridor Busway Project and
. That the 7`" Street alignment be extended to Maplewood Mall on the east side and
the Mall of America on the west, and
. That additional funds be obtained and used to modify the 35E interchanges to
divert traffic from West 7�` Street to Shepazd Road, and
. That citizen input should be a part of the planning process for the Riverview
Busway.
• That the original recommendation of the Citizens Workgroup of an EIS for the
entire Riverview Corridor Busway Project be modified into a recommendation for
an EIS to be compieted which would address potential interchange modifications at
Shepard Road and I-35E and Shepard Road and West Seventh Street.
6. The Corridor Management Comrnittee on September 27, 2001, approved the
recommendation of the Citizens Workgroup.
7. The Saint Paul Planning Commission on October 19, 2001, approved a process for station area
planning and public participation with the objective of preparing a master plan for station areas
within the Riverview Corridor Busway Project.
8. The Council's Transportation Committee on October 22, 2001, accepted the recommendations
of the Citizens Workgroup and Comdor Management Committees, and adopted the Scope and
Implementation Plan as presented.
9. The Council accepted and approved the recommendations of the Transportation Coum�ittee on
December:l2, 2001, and
-- Z --
Draft City
6�-11�b
10. The Council and the City have prepared an outline of the scope of wark and budget allocation
of the funds for the Riverview Corridor Busway Project: and
11. The Council has deteimined that it will make a good faith effort to provide sufficient fleet for
the Riverview Corridor Busway Project.
12. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the River�lew Corridor
Busway Project and have detemrined that it is in their mutual best interests and in the interests of
the public to set forth their agreement in a Joint Powers Agreement for the Riverview Corridor
Busway Project pursuant to their powers and authority under Minnesota Statutes Chapters 473,
, Minnesota Statutes § 471.59 and other applicable statutes.
13. The parties have passed Resolutions or taken other action listed as follows authorizing their
officials to execute this Joint Powers Agreement between and among the Parties which contains
the following terms and conditions with respect to the engineering, design and construction of the
Riverview Comdor Busway Project.
Resolutions DatePassed Resolution\o.
Council 12/12/O1 Action Item
2001-502
City
Agreement
Now, therefore, for mutual valuable consideration, the sufficiency of which has been agreed
to by the parties, the Council and the City agree as follows:
I.
°3--
Draft City
Purpose
The purpose of this Agreement is to set forth the agreements made bet�veen the parties on topics
and issues with respect to the engineering, design and construction of the Riverview Corridor
Busway Project.
II.
Station Area Planning
at-�3ab
A. Definition. For purposes of this Agreement, Station area planning ("Station Area Planning"
consists of the following elements:
(1) Development and implementation of a public participation process consisting
of the establishment of three Station Area Advisory Task Forces, i. e. one
Station Advisory Task Force to be established for each of the following
areas of St. Paul: West Seventh between Shepard/Davern and Smith;
Downtown; Eastside; and
(2) Development of a master plan for the River�iew Corridor Busway Project
which includes plans for each station area, redevelopment plans
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is E�chibit A, which shows the Council's expected
locations for bus stations along the Riven�iew Comdor Busway Project.
C. Responsibilitv. The City shall be responsible for development and implementation of
Station Area Planning.
The City sha11 develop and complete Station Area Planning in consultation with Council
staff and the Council's consultant for technical assistance.
�
Draft City
O� -131�
The City shall ensure that to the greatest extent possible Station Area Advisory Task Forces
established pursuant to Station Area Planning work cooperatively with the Citizens
Workgroup to facilitate public input on the individual station azeas.
Further, the City shall ensure that the redevelopment plans and implementation strategies
developed pursuant to Station Area Planning for the Riverview Comdor Busway Project
includes the bus stations in the locations shown on E�ibit A and that the existing zoning
or rezoning done by the City with respect to the Riverview Corridor Busway Project is
appropriate for the Council's bus stations in the locations shown on E�ibit A.
III.
Land Ac uisition
A. Definition. For purposes of this Agreement, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemnation, of land pazcels at Riverview Corridor Busway
Project sites identified by the City and Council for future transit-oriented development.
Land Acquisition includes the purchase price or condemnation coimnissioners' award
("Purchase Price") and associated acquisition costs including but not limited to real estate
appraisals, title work, legal Fees and related costs, relocation, demolition of existing
building, environmental investigation and cleanup, if necessary, acquisition of the parcels
including negotiations, closings, document recording and other associated closing
procedures and condemnation costs ("Acquisition Cosu")
As of the date of this Agreement, the City and Council have identified the properties shown
on E�ibit B attached hereto and made a part hereof as property tentatively to be acquired
for the Riverview Corridor Busway Project. Prior to the actual start of acquisition of any
parcel, the City will submit to the Council for the Council's review aud approval a Land
Acquisition plan showing the specific pa�•cels to be acquired.
-- 5 --
Draft City
bt-l31l�
B. Responsibilitv.
(1} The City shail be responsibie for Land Acquisition. The City may utilize the
services of the Housing and Redevelopment Authority in and for the City of St. Paul
to accomplish Land Acquisition. The City may subdivide the pazcels which have
been acquired as Land Acquisition. With respect to the parcels or portions thereof
acquired by the City as Land Acquisition which the Council in iu sole discretion
has determined are necessary for construction, operation and maintenance by the
Council of the bus facilities in the tentative locations shown on E�ibit B, the City
sha11 convey to the Council marketable fee title or such other real property interest
as agreed to by the parties to those parcels or portions thereof free of interests, liens,
or encumbrances which the Council determines will interfere with construction,
operation or maintenance of the Council's bus facilities. The determination as to
the type of property interest to be conveyed to the Council shall be agreed to by the
parties for each pazcel or tract acquired by the City. The fmai determination as to
the type of property interest to be conveyed to the Council for each parcel or tract
acquired by the City shall be made by the Council.
With respect to those parcels or portions thereof on �vhich the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title or a
pennauent easement, prior to conveyance to the Council of the real property
interests necessary for construction, maintenance and operation of the CounciPs
facilities as provided in this Section III of this Agreement, the City will hace
completed a Phase I and if recommended m the Phase I, a Phase II environmental
investigation on the sites and will either:
�
Draft City
o c-131�
a. Certify that no hazardous wastes, pollutants or contaminants as those terms
are defined under any federal, State of Minnesota or local statute, ordinance,
code or regulation has been found on the sites; or
b. If hazardous wastes, pollutants, or conta as those teims are defined
under any federal, State of Minnesota or local statute, ordinance, code or
regulation have been found on the site, the City will certify that it has
completed the Response Action Plan approved by the applicable regulatory
agency and received a no association letter, no action/no further action letter
and other environmental regulatory assurances govemin� the site naming the
Council as a beneficiary of all such environmental regulatory assurances.
The City will provide to the Council copies of Phase I and Phase II
environmental investigations, the approved Response Action Plan, and the
envixonmental assurance letters nanvng the Council as bzneficiary prior to
transfer of title to and acceptance of title to the site by the Council.
(2) With respect to those parcels or portions thereof on which the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title, thirty
days prior to the date of conveyance of each pazcels or portions thereof, the City
shall furnish to Council an abstract of title or a registered property abstract, certified
to date to include proper searches covering bankruptcies, state and federal
judgments and liens, and levied and pending special assessments. The Council shall
be allowed ten (10) business days after receipt of abstract for examination of title
and making any objections which shall be made in writing or deemed waived. If
any objection is so made, the City sha11 have ten (10) business days from receipt of
the Council's written objections to notify the Council of the Ciry's intention to
make title marketable within 30 days from the City's receipt of such written
objection. Tf notice is given, the conveyance hereunder required shall be postponed
-- 7 --
Draft City
a�-tS\6
pending conection of title, but upon correction of title and within ten (10) days after
written notice to the Council the parties shall perform this Agreement according to
its terms. If notice is given but title is not corrected within the time provided for,
the City will reimburse to Council the Acquisition Costs of the parcel or portion
thereof for which title is not mazketabie. 7he Council agrees to accept an owner's
title policy in the full amount of the conveyance in lieu of an abstract of title if the
property is subject to a master abstract or if no abstract of titie is in the City's
possession or control. If the Council is to receive such policy (1) the title
examination period shall commence upon the Council's receipt of a current title
insurance commitment.
(3) The City may For purposes of transit-oriented development related to the Riverview
Corridor Busway Project either retain, sell or transFer those pazcels or portions
thereof acquired as Land Acquisition pursuant to this Section III of this Agreement
detemvned by the Council in its sole discretion to be not necessary for construction,
operation and maintenance of the Council's bus facilities in the Riverview Comdor
Busway Project.
The City will reimburse to the Council (a) the fair mazket value less reasonable
eapenses associated with the sale of the Land Acquisition parcels or portions
thereof retained or sold by the City for transit-related development; and (b) the non-
Purchase Price Acquisition Costs associated with the City's acquisition of the pazcel
or portions thereof retained or sold by the City.
For puiposes of this Agreement, the fair market value of the pazcels or portions
thereof is either the price at which the City sells the pazcel or portion thereof to an
independent buyer in an am�s length transaction or the fair market value determined
by an independent fee appraiser whose selection is mutually agreed to by the
��
Draft City
6 � — tJ l{,
Council and the Ciry, whichever is higher, less the value of any improvements that
may ha�e been provided by the City.
(4) The City shall market and sell the parcels or portions thereof acquired as Land
Acquisition pursuant to this Section III of this Agreement for the purpose of transit-
oriented development related to the Riverview Corridor Busway Project.
(5) The Council will advance funds to the City for Land Acquisition upon
certification by the City that the City has initiated acquisition of a parcel or parcels
by purchase or condemnation, provided however, that the amount of funds
advanced to the City by the Council shall be the amount certified by the City to be
necessary for acquisition of individual pazcel or pazcels on which the City has
commenced acquisition.
(6) The maximum amount of funds to be advanced by the Council to the City for
Land Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed
to by the Parties.
(7) The City agrees to complete Land Acquisition and reimbursement to the Council
pursuant to this Section III of this Agreement by December 31, 2004 unless
otherwise agreed to by the parties. In addition, no later than December 31, 2004,
the City will reimburse to the Council any funds plus accrued interest that have been
advanced by the Council to the City for Land Acquisition and remain unspent on
December 31, 200A.
(8) The Council will be responsible for acquisition of the property necessary for
construction of the transit hub at Maplewood as shown on Exlubit A.
:�
Ltraft City
O\-\3l�
��
Road Design and Construcrion
A. Definition — West 7'" Street Roadwav. For purposes of this Agreement, road design and
construction of the West 7`" Street Roadway ("West 7`" Sueet Roadway") is the preparation
of construction plans, specifications, cost estunates for all roadway improvements and
modification of adjoining areas to accommodate the Rivervie�v Corridor Busway Project on
West 7�` Street between I-35E and Downtown St. Paul, , advertisement and award of design
and construction contracts, contract administration, and construction inspection.
B. Res�onsibilitX West 7'" Street Roadwav.
1. The City shall be responsibie for completion of the West 7`" Street Roadway of the
Riverview Corridor Busway Project. The parties agree that the `Vest 7"" Street
Roadway design and construction will be done in stages.
2. During the design of a stage of the West 7�` Street Roadway, the City sha11
incorporate into construction plans, design and engineering elements provided to the
City by the Council associated with Riverview Corridor Busway station needs,
inciuding but not lunited to the following design elements: relocation of utility
manlioles, light bases, curbs, drainage changes, fences and other obstructions
around station areas.
Prior to start of construction of a stage, the City shall submit to the Council for
Council's review and approval the final construction documents which will include
plans, specifications and a proposed construction schedule for the Riverview
Corridor Busway Project. To the greatest extent possible, the proposed construction
schedule shall be in compliance with E�ubit C attached hereto and made a part hereof.
-- 10 --
Draft City
a �-��\�
4. The City shall advertise for bids for construction of the West 7`" Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract with a
successful bidder, and construct the West 7`" Street Roadway in accordance with the
plans and specifications, reviewed and approved by the Council and designated as
the West 7`� Street Roadway. The City's advertisement for bids and construction of
the West 7�' Street Roadway shall be in compliance with all applicable provisions of
the State Appropriation, Minuesota state law, and regulations, inciuding but not
limited to compliance with prevailing wage requirements, applicable federal law
and regulations and any applicable local ordinaaices, a11 of which shall be considered
a part of this Agreement as though fully set forth herein.
5. The City will administer the contract and inspect the construction of the contract
work for the West 7`" Street Roadway. The work included in the West 7`" Street
Roadway may be inspected periodically by the CounciPs authorized representative,
but the Council's authorized representative will not have responsibility for the
supervision of the work If the Council reasonably deternrines the work included in
the West 7'" Street Roadway has not been constructed substantially in accordance
with the construction documents, the Council through its authorized representative
sha11 inform the City in writing of such defects. The City shall require its
Contractor to make the corrections and/or meet the requirements requested by the
Council through its authorized representative. All work included in the `Vest 7�`
Street Roadway shall be performed in substantial accordance with the construction
documents approved by the Council. The City will inform the Council in writing of
completion of construction of West 7�` Street Roadway. Within a reasonable time
thereafter, the Council will inform the City in writing either that the West 7'" Street
Roadway as constructed confom�s to the construction documents approved by the
Council or that the West 7`" Street Roadway does not conform to the approved
construction documents. The Council will further inform the City of the specific
reasons for non-conformance to the construction documents and what steps, in the
-- 11 --
Draft City
° �-17i(,
opinion of the Council, must be taken by the City to make the West 7`� Street
Roadway conform to the construction documents. The final decision on
conforn�ance of the West 7'" Street Roadway to the construction documents w71 be
made by the Council. Evidence of the CounciPs decision that the West 7`" Street
Roadway conforms to the construction documents approved by the Council will be
in writing by letter from the CounciPs General Manager of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`" Street Roadway not confortn
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
construction documents.
The City will submit any amendments to or material changes in the approved West
7`� Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which revie�v and approval wili
not be unreasonably withheld and will be provided to City in a timely inauuer. Such
amendments to the approved final construction documents and/or changes in the
construction schedule must be submitted to the Council's authorized representative
at least thirty (30) days prior to the implementation of such change. The City agrees
that it will not proceed with amendment to or changes in the approved final
construction documents or construction schedule of the West 7'" Street Roadway
until the Council has consented to such change in accordance �vith its procedures
and has approved such change in writing as evidenced by letter to the City from the
Council's authorized representative.
C. Maintenance and Operation -West 7�' Street Roadway. Except for those real property
interests conveyed to the Council pursuant to Section III of this Agreement and the bus
facilities installed by the Council, the City will own, operate and maiutain the West 7�'
Street Roadway, which maintenance will include priority curb-to-curb snowplowing on the
-- 1 -_
Draft City
West 7`" Street Roadway. This provision will survive termination of this Agreement..
b � - t'3�6
D. Definition — Phalen Roadwav. For purposes of this Agreement, road design and
construction of the Phalen Roadway ("Phalen Roadwa}�') is the prepazation of construction
plans, specifications, cost estunates for all roadway improvements and modification of
adjoining azeas to accommodate the Riverview Corridor Busway Project in the future
Phalen Corridor beriveen Arcade Street and Johnson Parkway as shown on E�ubit A
attached hereto, advertisement and award of design and construction contracts, contract
administration and construction inspection. The Phalen Roadway will form an integral
portion of the Riverview Comdor.
E. Res�onsibilitv — Phalen Roadwav. The City shall be responsibie for the completion of the
Phalen Roadway and upon compietion of construction, the Phalen Roadway will become a
portion of the Riverview Corridor Busway Project to be used by Council buses traveling
within the Busway Project. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Council for the CounciPs review and approval, the final construction
documents which will include plans, specifications, and a proposed construction schedule
for the Phalen Roadway. To the greatest extent possible, the proposed construction
schedule sha11 be in compliance with Exhibit C attached hereto and made a part hereof.
F. Maintenance and Ooeration — Phalen Roadwav. Except for bus facilities installed by the
Council, the City will own, operate and maintain the Phalen Roadway, which maintenance
will include priority curb-to-curb snowplowing on the Phalen Roadway. This provision
will survive ternunation of this Agreement.
-- 13 --
Draft City
��-'�7\(
V.
Si�,�nalization
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modifications to existing signal systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
B. Responsibilitv.
The City shall have responsibility to design, construct and implement Signalization
and will utilize consultant eapertise as needed. The City's design, instailation and
implementation of Signalization shall be in compliance with all applicable
provisions of the State Appropriation, Minnesota State law and regulations,
including but not limited to compliance with prevailing wage requirements,
applicable federal law and regulations and any applicable local ordinances, all of
which shall be considered to be a part of this Agreement as though fully set forth herein.
2. During the design stage of Signalization, the City shall incorporate into the final
installation documents elements provided to the City by the Council associated with
Signalization needs.
3. The City wi11 submit plans and specifications for Signalization to the Council for
review and approval by the CounciPs Metro Transit Division and shall include in
the final Signalization plans and specifications items required by the Council.
4. The City will adtninister the contract and inspect the installation of the contract
work for the Signalization. The work inciuded in the Signalization may be
inspected periodically by the Council's authorized representative, but the Council's
authorized representative will noi have responsibility for the supervision of the
-- 14 --
Draft City
� � `�� 1C
work. If the Council reasonably detemvnes the work included in the Signalization
has not been installed substantially in accordance with the construction documents,
the Council through its authorized representative shall inform the City in writing of
such defects. The City shall require its Contractor to make the corrections andlor
meet the requirements requested by the Council through its authorized
representative. All work included in the Simalization shall be performed in
substantial accordance with the approved installation documents. The City will
inform the Council in writing of completion of construction of Signalization.
Within a reasonahle time thereafter, the Council will inform the City in writing
either that the Signalization as installed conforn�s to the installation documents
approved by the Council or that the Signalization does not conform to the approved
installation documents. The Council will further infonn the City of the specific
reasons for non-conformance to the installation documents and what steps, in the
opinion of the Council, must be taken by the City to make the Signalization
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Council. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Manager
of Metro Transit. Metro Transit will not unreasonably withhold acceptance of the
Signalization. If the Councii has informed the City that the Signalization does not
confoisn to the installation documents in accordance with this Paragraph �V, the
City will take the steps necessary to make the Signalization conform to the
installation documents.
5. The City will submit any amendments to or material changes in the approved
Signalization final installation documents, including the installation schedule, to the
Council for review and approval, which approval will not be unreasonably withheld
and will be provided to the City in a timely manner. Such amendments to the
approved final installation documents and/or changes in the construction schedule
-- 15 --
Draft City
��-1�11
must be submitted to the Councii's authorized representative at least thirty (30) days
prior to the implementation of such change. The City agrees that it will not proceed
with amendment to or changes in the approved final installation documents or
installation schedule of the Signalization until the Council has consented to such
change in accordance with its procedures and has approved such change in writing
as evidenced by letter to the City from the CounciPs authorized representative.
C. Signalization. The City shall own, operate and maintain Signalization. Prior to completion
of Signalization by the City, the parties wili enter into an operation agreement which will
address how the City will operate Signalization, require the City to coordinate with the
Council in operation of Signalization, and provide that the City may not significantly
modify its operation of Signalization without the CounciPs approval.
VI.
EIS and Preliminary Design of Interchanges
Definition. For purposes of this Agreement, Federai Highway EIS and preliminary design of
interchanges ("Federal Highway EIS and Preliminary Design of Interchanges") means the
preparation of an Environmental Impact Statement ("EIS") and related preliminary design for the
proposed modifications to the interchanges at Shepazd Road at I35E and Shepard Road at THS.
Resroonsibilitv. The City shall be responsible for being the lead agency in the EIS and
Preliminary Design of Interchanges process together with participation of Ramsey County and
MrrDOT as required by their responsibilities for the interchanges and together with the Federal
Highway Administration as the lead federal agency.
VII.
Station Design and Construction
-- 16 --
Draft City
Ot-i�1S�
Definition. For purposes of this Agreement station design and construction ("Station Design and
Construction") means the prepazation of preliininary and final design plans and construction
documents and construction for the station sites including ITS equipment in the Riverview
Corridor Busway Project.
Responsibilitv. The Council shall be responsble for Station Design and Construction of each
station site within the Busway, the locations of which sites are shown on Exhibit A to this
Agreement. As more fully provided in Section III, Paraa aph 3, of this Agreement, the Council
shall review and approve Road Design and Construction to ensure that street improvements
accommodate the Station Design and Construction at each station location.
II
Off Board Fare Collection System
Definition. For purposes of this Agreement, off board faze collection system ("OffBoazd Faze
Collection System") means a self-service proof of payment system using ticket vending machines
("TVMs") and validators which are located on the station platforms.
Responsibility. The Council will be responsible for implementation of the Off Board Faze
Collection System.
�A`�
Service Plan
Definition. For purposes of this Agreement, service plan ("Service Plan") means a plan which
provides for frequency of limited stop bus operations and bus stop locations from downtown St.
Paul to the Mall of America during the interim stage of implementation of the Riverview
-- 17 --
Draft City
Dt—\7\b
Corridor Busway Project and from Maplewood Mall to Mall of America during the final stage of
the Busway Project.
Responsbilitv. The Council shall develop the Service Plan during design and construction of
each stage of the Riverview Corridor Busway Project. The City and the Council will individually
and cooperatively pursue funding to support the acquisition by the Council of new low-platform
buses to serve the Riverview Corridor Busway Project and to support the incorporation of the
latest bus technology that minimizes noise and air quality impacts.
/�
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibility: The Council shall be responsible for Public Art.
1�
Traffic Studies
Definition. For purposes of this Agreement, traffic studies ("Traffic Studies") means studies to
identify the projected level of service and the need for diamond lanes for the Riverview Corridor
Busway Project.
Responsibilitv. The Councii has the responsibility to perform Traffic Studies.
�
Draft City
��-��\�
Future Traffic Studies. If the Council and the Ciry determine the need for futute traffic studies,
The City and the Council will jointly determine the subject matter, scope and responsibility for
such traffic studies.
,� 1 .
�nancial Plan and Payment
A. Estimated BudQets. The parties agree that the budget estimates for each of the items listed
in Sections II through X of this Agreement are as follows:
Section of
This Agreement
II
III
III
IV
IV
V
VI
Item Description
Station Area Planning
Land Acquisition
Land Acquisition (Maplewood Hub)
Road Design and Construction
Road Design and Construction (Phalen)
Signalization
EIS and Preliminary Design of
Responsbilitv
City
City
Council
City
City
City
Interchanges City
VII Station Design and Construction Council
VIII Off Board Fare Coilection System Couucil
VII ITS System Council
VII, IX Planning, Design, Public Involvement Council
X Public Art Council
None Specific Staff and Contingency Council
TOTAL
Budaet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
3,500,000
�46,100,000
The budget estunates as listed above include work completed or currently underway by City staff
and City's consultant as of the date of this Agreement.
B. Reimbursement bv the Council. As further provided in this Section XII and subject to
Section XIV, Paragraph E of this agreement, the Council shall reimburse the City for the
items listed above in Section XII.A. as the City's responsibility based upon the calculations
for the costs for each item as shown above.
The Council has no obligation to reimburse the City for or make any payments to the City
-- 19 --
Draft City
c�-t5\�
for any work or items except those items listed above in this Paragraph X[I.A.
Unless otherwise agreed to by the parties by written amendment to this Agreement, the
maxiinum reimbursement by the Council to the City for each line item sha11 be the amount
stated under the Budget amount above in Section XII.A.
The parties further agree that the budget for each item shown above in Section XII.A and in
Exhibit E are estimates of the budget and that the unit prices set forth in each of the City's
contracts and final quantities as measured by the Council shall govern in computing the
final costs for each item for purposes of reimbursement.
In the event, the City deternrines the need to amend its contract(s) with a suppiemental
agreement or change order in accordance with Sections IV and V of this Agreement which
results in an increase in the contract amount. The Council agrees to reimburse to the City
the increased amount as documented in the supplemental agreement or change order in
accordance with the terms of this Agreement.
In no event shall the CounciPs obligation to reimburse the City for the items listed in
Section XII.A. as the responsibility of the City exceed $21,450,000.
C. Terrns of Payment. Except for (a) the specific provisions of this subparagraph �vith respect
to the West 7�` Street Roadway and the Phalen Roadway and (b) the provisions in Section
III of this Agreement with respect to Land Acquisition and (c) Signalization, payment will
be made by the Councii upon completion of each of the items by the City and promptly
after City presentation of invoices for services performed and acceptance of such services
by the Council's authorized agent. Invoices shall be submitted with the following
information: a project nuxnber to be supplied by the Council; a sequential invoice number;
the filing address, if different from the business address; a description and supporting
documentation of the work performed; the total request for funds, and an original
documentation of the work performed; the total request for funds; and an original signature
by the City's authorized agent. Reimburseznent shall be made by the Council not to exceed
each invoiced amount within thirty (30) days after the City presents the Council �vith the
invoices for eligible costs incurred under the scope of work identified above.
With respect to the West 7`" Street Roadway design, the Council will reimburse the City for
design services as accrued and billed every 30 days up to a maYimuxn of 14% of the
estimated roadway construction costs until the time a West 7�' Street Roadway construction
contract is awarded. The Council will reixnburse the City for additional design and
inspection services as accrued by the City after the West'7"` Street Roadway construction
contract award up to a xnaximum of 25°/a of final construction contract award — i.e. the
reimbursement by the Council to the City on a 30 day basis for design services prior to
award of the West 7`" Street Roadway construction contract plus reimbursement on a 30
day basis by the Council to the City for post-construction awazd design and inspection
services shall not exceed 25% of the construction contract award for the West 7"' Street Roadway.
--2�--
Draft City
6 1-t7tb
With respect to the West 7'" Street Roadway construction contracts, upon the City's request
and submission to the Council of certification that the City has awarded the contract for
construction of the West 7`� Street Roadway and will issue the notice to proceed for Road
Design and Constsuction within 30 days, the Council will advance to the City an amount
not to exceed 25% of the construction cost in the awarded contract for construction of the
West 7'" Street Roadway.
With respect to the Phalen Roadway, upon the City's request and submission to the Council
by the City that the City has obtained the necessary funds for and consequently will proceed
with construction of the Phalen Roadway, the Council will pay to the City $2,000,000
either as an advance toward construction of the Phalen Roadway or as reixnUursement for
design services already performed by the City for the Phalen Roadway or a combination of
both design and construction.
With respect to Signalization, upon the City's request and submission to the Council of
certification that the City has awarded the contract for installation of Signalization and will
issue the notice to proceed for Signalization within 30 days, the Council will advance to the
City an amount not to exceed 25°!0 of the installation cost in the awarded contract for
installation of Sigialization.
Conditions of Pa�ment. All services provided by the City pursuant to this Agreement sha11
be performed to the satisfaction of the Councii, as deternvned at the sole discretion of the
CounciPs authorized agent, and in accordance with all applicable federal and state laws
including but not limited to Minnesota Laws, Chapters 479 and 492, and applicable local
ordinances. If the City, its contractors, or subcontractors submit work which is not
acceptable to the Council, the Council shail state with particularity iu �vbat respect the work
submitted is unacceptable, and the City, its contractors and subcontractors sha11 be given a
reasonable opportunity to correct any objections by the Council. If, aRer reasonable
coirective efforts by the City, the Council remains unsatisfied with the work, or concludes
that the work was performed in violation of federal ar state law, the City shall not receive
payment for such work or, if the City has been advanced funds for the �vork pursuant to this
Agreement, shall reimburse to the Council such advanced funds..
D. Items to be Paid. Subject to the provisions of Section XIV, Pazagraph E of this Agreement,
the Council sha11 pay for the items listed in Section XII
of this Agreement as the responsbility of the Councii.
E. State Appropriations Allocation. The parties agree that as of the date of this Agreement,
the funding for the Riverview Corridor Busway Project is from State Appropriations which
are appropriations of $25,000,000 in fiscal yeaz 2001 and $19,000,000 in fiscal year 2002
to the Council for public improvements of capital nature for engineering, design and
construction of an exclusive bus transitway including but not limited to, acquisition of land
and right-of-way and an appropriation of $2, l Oq000 to the Council for engineering, design
-- 21 --
Draft City
a �—I,1S,
and construction of bus transitways.
The parties agree that if the amount of State Appropriations to the Council as stated above
in this paragraph — i.e. the amount of $46,100,000, decreases for any reason, this
Agreement shall terminate unless within 60 days of written notification by the Council to
the City of such decrease, the parties have executed a written amendment to this Agreement
which specifically provides for the items to be completed in light of the decreased
appropriations, and the estimated costs and responsbilities for those items.
Upon termination of this Agreement due to decrease in the amount of State Appropriations,
the Council has no further obligations under this Agreement except for rennbursement of
costs incurred by the City pursuant to this Agreement prior to tern�ination. The City agrees
to include in any contracts which the City will pay with funds provided by the Council
under this Agreement, a termination clause which allows the City to terminate the contract
with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate. Upon
termination of this Agreement due to rescission of State Appropriations, the Council has no
obligations under this Agreement.
F. Authorized Aeents. The Council's authorized agent for the purpose of adu�iuistration of
this Agreement is the Council's Regional Administrator or his designee, 230 East Fifth
Street, St. Paul, MN 55101-1626, (651) 602-1713, or his successor. Such agent shall have
final authority for acceptance of the City's services and if such services are accepted as
satisfactory, sha11 so certify on each invoice submitted. The City's authorized agents for the
purpose of administration of this Agreement are the Department of Economic Development
Director or his designee and the Public Works Department Director or his designee at City
Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6576.
XDT.
Schedule
The parties agree that the items listed in Sections II tlu XI of this Agreement shall be
completed in accordance with the schedule attached hereto and made a part hereof as E�chibit C.
The Councii reserves the right to request periodic progress reports from the City on the items
listed as the City's responsibility under Paragraph XII.A. of this Agreement. The City agrees that
a11 items listed as the responsibility of the City in Section XII of this Agreement sha11 be
completed no later than December 31, 2004 and that the Council has no obligation to reimburse
the City for any items which have not be substantially completed by December 31, 2004. Further
the City agrees to reimburse to the Council on December 31, 2004, any and all funds which haue
been advanced to the City by the Council pursuant to this Agreement for items for which the City
is responsble and which have not been substantially completed by December 31, 2004.
-- 22 --
Draft City
6�-lSt4�
XIV
General Provisions
A. Term of Aareement. This Agreement shall be effective on the date of execution by both
parties and shall remain in effect until December 31, 2004 unless otherwise agreed to by the
parties.
B. Canceilation. The Council may cancei this Agreement, with cause upon 60 days written
notice to the City. Upon termination by the Council, with cause, the Council has no further
obligations under this Agreement except for reimbursement of costs incurred by the City
prior to termination in accordance with the provisions of this Agreement.
C. Inswance. Each party agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
Council's liability is govemed by the provisions of Minnesota Statutes, Chapter 466. The
City and the Council each warrant that each party is able to comply with the
aforementioned indemnity requirements through an inswance or self-insurance program
and have minimum coverage consistent with the liability limits contained in Minnesota
Statutes, Chapter 466.
D. Emplo�. All employees of each party and all persons engaged by each Party in the
perfoiniance of any work or services required or provided for herein to be performed by
each party shall not be considered employees of any other party and that any and all claixns
that may or might arise under the Workers' Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so engaged,
and any and all claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged, on any of the work or services pro�ided to be
rendered herein, shall in no way be the obligation or responsibility of any other party.
E. Applicable Provisions of Law. The Parties shall to comply with applicable provisions and
requirements of the State Appropriations to the Council Minnesota state law, and
regulations including but not limited to compliance with prevailing wage requirements,
federallaw and regulations and of any applicable local ordinances all of which shall be
considered a part of this Agreement as though fully set forth herein.
F. No Discrimination. The City agrees to comply with all applicable laws relating to non-
discrimivation and affinnative action. In particular, the City agrees not to discrimivate
against any employee or applicant for employment because of race, color, creed religion,
siz, sexual orientation, marital status, status with regard to public assistance, membership
-- 23 --
Draft City
6�-t"11b
or activity in a local rights commission, disability, age, or national origin, and further agrees
to take affirmative action so that applicants and employees aze treated equatly with resgect
to all aspects of employment and compensation. The City agrees to comply with Minnesota
Statutes section 363.03, subdivision 4, regazding non-discrinvnation in the provision of
public services, in undertaking the Busway Project.
G. Public Data. The City agrees that the reports and any new information that is developed
with the assistance of reimbursement by the Council pursuant to this Agreement is in the
public domain and may not be copyrighted. The City shall comply with the Miunesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administeriag data under
this Agreement.
H. Entire Agreement. It is understood and agreed that the entire agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereo£ All items referred to in tbis
Agreement are incorporated or attached and are deemed to be part of this Agreement. Any
alterations, variations, modifications, or waivers of provisions of the Agreement shall only
be va7id when they have been reduced to writing as an amendment to this Agreement
signed by the parties hereto.
L Severabilitv. The provisions of this Agreement sha11 be deemed severable. If any part of
this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the parts which
aze void, invalid or otherwise unenforceable shall substantially impair the value of the
entire Agreement with respect to the parties. One or more waivers by said party of any
provision, term, condition or covenant sha11 not be construed by the other party as a waiver
to a subsequent breach of the same by other parties.
J. Time of Essence. The parties agree that time is of the essence with respect to the
provisions of this Agreement.
XV.
Ethics
A. Code of Ethics. The Parties agree to maintain a written code or standards of conduct that
shall govern the perfoiniance of its officers, employees, board members or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from any present
or potential contractor. They may set minimum rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. This code or
standards sha11 also prohibit the Parties' officers, employees, board members or agents from
using their positions for a purpose that constitutes or presents the appearance ofpersonal or
organizational conflict of interest or personal gain. As pennitted by State or local law or
regulations, the code of standazds shall include penalties, sanctions, or other disciplinary
-- 24 --
Draft City
O i -t'�\t�
actions for violations by the Parties officers, employees, board members or agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or standards of conduct shall prolubit their
employees, officers, and boazd members from participating in the selection, awazd, or
administration of a third party contract if a real or apparent conflict of interest would be
involved. Such a conflict would arise when any of the following parties has a financial or
other interest in the entity selected for awazd: (a) an employee, officer, board member or
agent; (b) any member of his or her immediate famil.y, (c) his or her partner; or (d) an
organization that employs, or intends to employ, any of the above.
C. Or�anizational Conflicts of Interest. The Parties code or standazds of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of
interest. An arganizational conflict of interest exists when the nature of the work to be
performed under a proposed third pariy contract or may, without some restrictions on future
activities, result in an unfair competitive advantage to the third party contractor or impair
its objectivity in performing the contract work.
A. Debarment and Sus�ension, The Parties agree to comply, and assures the compliance of
each third party contractor and at any tier, with Executive Orders Nos. 12549 aud 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide Debannent and Suspension (Non-procurement)," within 49 C.F.R. Part
29.
XVI.
Accounting and Availability of Records Requirements
A. Documentation of Project Costs. Ali costs charged to the Busway Project must be
supported by proper documentation, including properiy executed payrolls, time records,
invoices, contracts, or vouchers, evidencing the nature and propriety of the charges.
B. Accounts and Records. The City agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expenditure of ali costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the property records. These project accounts and
records shall be retained intact the County for at lease si�c (6) years following the end of the
term of this Agreement. These requirements sha11 survive temvnation of this Ageefnent.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the State Auditor,
or any of their duly authorized representatives at any time during normai business hours,
and as offen as they reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, or records, which aze
pertinent to the accounting practices and procedures of the other party hereto and involve
transactions relating to this Agreement for a minimum of six (6) years from the expiration
of this Agreement. This provision shall survive ternunation of this Agreement.
-- 25 --
� �
DI'3ft Cl�
8 �-����
IN TESTINIONY WHEREOF, the Parties hereto ha�e caused tl�is Agreement to be executed
by their respective duly authorized representatives.
CITY OF SAINT PAUL METROPOLTTAN COUNCIL
C��
Its
Date
Approved as to Form
�
Its
Date
Approved as to Fomv
Office of the City AttorneyOffice of Cseneral Counsel
-- 26 --
„ �
Draft City
b � -t'JI�
�•��:
A-- MAP SHOWING LOCATION OF RIVBRVIEW CORItIDOR AND EXPECTED
LOCATIONS OF BUS STATIONS ALONG RIVERVIEW CORRIDOR BUSWAY
PROJECT
B-- MAP SHOWIIVG EXPECTED ACQUISITIONS OF PROPERTY FOR THE
RIVERVIEW CORRIDOR BL3SWAY PR03ECT
C -- SCHED[JLE
D �-1715�
F�hi.bic 9
Riverview Corridor 'U'�
QMe17oTrdnSlt I ' AlignmenUStations
&2W, inc.
Riverview Corridor November 12, 2001
6�-171�
Exhibit B
Riverview Corridar
Proposed Acquisitions for Transit Stations
and Transit Oriented Development
Pronertv Identifzcation Address
Number
Davern station
212823140002 2526 West 7' Street
212823140004 2516 West 7`" Street
212823140003
212823140001 2525 West 7�' Street
Otto station
112823340174 1419 West 7`" Street �
142823210001 1428 West 7'" Street
Randolph station
112823410011 1017 West 7"' Street
112823140039 southeast corner of Randolph and West 7`" Street
Metro State station
322922130038 680 East 7`" Street
Hillcrest station '
222922110017 1661 White Bear Avenue
222922110150 1675 White Bear Avenue
O�-\�\�..
U �,
;� �
� �
'� U
X �
W
7
^ f�
LL
yr
�
.�
vJ
�
�
�
�
U
�
^�
�.1�
�
C
�
C ^,
W
/��
VJ
L
Q
�
�L
L
�
U
3
m
.�
�
��/
I..L
�
•��.. �
i�1 yN
O � �
-� �' p"' U
� •x, cd s.
� O � �
� � a ¢� �
�,
� b � o w
� �
a rx v� v� w
�
N
�
0
0
0
0
0
0
N
�
O
O
�
S
�
O
O
�
r
m
�
g
N
�
�
° o
N
ti
�
O
O
N
h
C
�
�
O
O
N
�
Q
�
O
O
N
V
h
M
�
Y
H
b�-����
U �,
� �
� �
'� U
W �
�
.�
c
ca
L
�
Q
L
-1.-�
N
�
c
ca
�
�
�
�
c
a�
a
�
L
�
�
�L
L
O
U
�
�
.�
�
N �
I ..L
V
%
� � V �
U � � � ,�
�°�° o Q � " �
o. � c �
Ca � W •� � � J
o W ' ...
� `� � � � o �
� w � a U a
0
0
0
0
�
�
�
0
0
0
0
�
�
�
�
�
0
�
N
w
0
c
rn
�
° o
0
0
�
v
w
0
0
0
0
�
[V
�
O
O
O
O
0
b
�
O
O
O
O
O
W
r
�
�
H
, �
/
s��xT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Coleman, Mayor
DATE: December 31, 2001
TO: Council President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilmember Kathy Lantry
Councilmember Jim Reiter
FROM:
�
Tony Schertler, PED Acting
JOINT POWERS AGRE
C.F. 01-1316 Item #37
DEPARTMENT OFPLANNI�G
& ECONOMIC DEVELOPMEV"C
Brian Sweeney, Director
2� West Fourth Street
SrtinePau[, MN5�102
�'m 7 �
a ,oa
l-O r ,�,�
��G
Telephone: 6il-266-6700
Facsimile: 65/-128-3210
FOR RIVERFRONT BUS�VAY PRO7ECT
Please find attached the Joint Powers greement between the Metropolitan Council and the City
of Saint Paul for the Implementation n The Riverview Corridor Busway Project. This
document is in substantially final f and is recommended for approval by the Administration.
Attachment
l�
K:\Shared\Ped�PUL V ER\j tp wrs.010202. geurs. wpd
Draft 12/31/Ol-Ciry
JOINT POWERS AGI2EEMENT
BETWEEN METROPOLITAN COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE IMPLEMENTATION OF
THE RIVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution both of the
parties, is made by and between the Metropolitan Council (the "Council"), a lic corporation
and political subdivision of the State of Minnesota and the City of Saint Pa (the "City"), a
municipal corporation.
Background Recitals
l. Pursuant to Minnesota Statutes Chapter 473, the
construction and operation of the public transit s
metropolitan region ("Metropolitan Area"), inch
i� currently responsible for the
thin the Minneapolis-St. Paul
City.
p�_�'>\4,
In 2000, the Minnesota Legislature appropri ed from the general fund $25,000,000 in
fiscal yeaz 2001 and $19,000,000 in fiscal ear 2002 to the Councii for public
improvements of a capital nature for eng' eering, design and construction of an exclusive
bus transitway, including but not limit to, acquisition of land and ri;ht-of-way
(Minnesota Laws 2�QQ Chapter 492)
Further, in 2000, the Minnesota gislature appropriated to Metropolitan Council
$6,300,000 for engineering, des' n and construction of bus transitways, including, but not
limited to, acquisition of land d rights-of-way (Minnesota Laws Chapter 479).
Collectively the above-nar�d appropriations are referred to in this Ageement as the
"State Appropriations".
3. The Saint Paul City Co il passed Resolution 00-970 on October 18, 2000, selecting the
Bus Rapid Transit alte tive for the Riverview Corridor for further exanunation subj ect to
the condition that mor citizen participation be required.
4. In December 2000, e Council allocated $46.1 million of State Appropriations consisting of
$44 million of La s 2000 Chapter 492 appropriations and $2.1 million of Laws 2000
Chapter 479 ap opriations for a busway in the Metropolitan Area to the Riverview
Comdor ("Riv rview Comdor Busway Project") or ("Riverview Busway") located in Saint
Paul, as sho�/n in Exhibit A.
5. In April. 2�001, the Council initiated an EIS for the Riverview Corridor Busway Project, a
Corridoi�Management Committee ("Corridor Mana�ement Committee"), a Technical
--1--
Draft 12/31/O1-City
o � -t� 1.(�
Advisory Committee ("Technical Advisory Committee") and a Citizens Workgroup
("Citizens Workgroup") to review and make recommendations to the Council on the EIS.
6. On August 8, 2001, the Saint Paul City Council adopted Resolution O1-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Council to enter ii
joint a�eement to construct the Riverview Busway. /
The Citizens Workgroup, after conductin� numerous sessions reviewing four azate
alignments within the Riverview Corridor, at its September 12, 2001 meeti recommended:
• That the 7` Street al �°nment be the preferred altemative for the Rive - iew-Corridor
Busway Project and
• That the 7"' Street alignment be extended to Maplewood Mall o the east side and the
Mall of America on the west, and
• That additional funds be obtained and used to modify the E interchanges to divert
traffic from West 7�' Street to Shepard Road, and
• That citizen input should be a part of the plannin� pr ess for the Riverview Busway.
. That the original recommendation of the Citizens orkgroup of an EIS for the enrire
Riverview Corridor Busway Project be modified nto a recommendation for an EIS to be
completed which would address potential inte hange modifications at Shepard Road
and I-35E and Shepard Road and West Seve th Street.
8. The Corridor Management Committee o September 27, 2001, appro��ed the
recommendation ofthe Citizens Work oup.
9. The Saint Paul Planning Commissio n October 19, 2001, approved a process for station
area planning and public participati n with the ob}ective of preparing a master plan for
station areas within the Riverview Comdor Busway Project.
10. The Council's Transportati n Committee on October 22, 2001, accepted the
recommendations of the itizens Workgroup and Corridor Management Committees, and
adopted the Scope and plementation Plan as presented.
i l. The Council accepte and approved the recommendations of the Transportation
Committee on Nov mber 12, 2001, and
12. The Council an the City have prepazed an outline of the scope of work and budget
allocation of e funds for the Riverview Corridor Busway Project, which outline is
attached he to and incorporated herein as Eachibit B, and
13. The Co cil has determined that it will make a good faith effort to pzovide sufficient fleet
for the iverview Corridor Busway Project.
-- 2 --
Draft 12/31/Ol-City
b t - 1'�Lt,
14. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the Riverview Corridor
Busway Project and have deterxnined that it is in their mutual best interests and in the
interests of the public to set forth their agreement in a Joint Powers Agreement for the
Riverview Comdor Busway Project pursuant to their powers and authority under
Minnesota Statutes Chapters 473, , , Minnesota Statutes § 1.59
and other applicable statutes.
15. The parties have passed Resolutions or taken other action listed as follows thorizing
their officials to execute this Joint Powers Agreement beriveen and amo the Parties
which contains the following terms and conditions with respect to the gineerin„ design
and construction of the Riverview Corridor Busway Project.
Resolutions
Council
Date Passed
12/12/Ol
No.
-502
City
Now, therefore, for mutual valuable cor
by the parties, the Council and the City
n, the sufficiency of which has been agreed to
foilows:
I.
Purpose
The putpose of this Agreement is
and issues with respect to the eng
Busway Pro}ect. �
forth the agreements made between the parties on topics
ig design and construction of the Ricerview Comdor
II.
Station Area Pianning
A. Definition. For p oses of this Agreement, Station area planning ("Station Area Plauning"
consists of the f lowing elements:
(1) Develo ment and implementation of a public participation process consistin�
of establishment of three Station Area Advisory Task Forces, i.e. one
St ion Advisory Task Force to be established for each of the following
eas of St. Paul:West Seventh between Shepazd/Davem and Smith;
��
Draft 12/31/O1-City
a�-��t�
Downtown; Eastside; and
(2} Development of a master plan for the Riverview Corridor Busway Project
which includes plans for each station area, redevelopment plans,
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is Eathibit C, which shows the Council's expected
locations for bus stations along the Riverview Corridor Busway Project.
�
Responsibility. The City shall be responsible for development and
Station Area Planning.
��
The City shall develop and complete Station Area Planning in consult ion with staff of the
Council's Metro Transit Division and the Council's consultant for t �cal assistance.
The City shall ensure that to the greatest extent possible Station ea Advisory Task Forces
established pursuant to Station Area Planning work cooperati ly with the Citizens
Workgroup to facilitate public input on the individual statio areas.
Further, the City shall ensure that the redevelopment
developed pursuant to Station Area Planning for the
includes the bus stations in the locations shown on F�
and implementation strategies
�ie�v Corridor Busway Project
C and that the existing zoning or
rezoning done by the City with respect to the Riv iew Corridor Busway Project is
appropriate for the Council's bus stations in the ocations shown on Exhibit C.
III
Land A uisition
A. Definition. For purposes of this Agree ent, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemn on, of land pazcels at Riverview Corridor Busway
Project sites identified by the City d Council for future transit-oriented development.
Land Acquisition includes the pur ase price or condemnation commissioners' award
("Purchase Price") and assoc
appraisals, title work, relocat
investigation and cleanup, if
closings, document
costs ("Acquisition
Acquisition pl showing the specific parcels to be acquired.
�te acquisition costs including but not limited to real estate
�, demolition of existing building, environmental
�ecessary, acquisition of the pazcels including negotiations,
and other associated closing procedures and condemnation
As of the date of this greement, the City and Council have identified the properties shown
on Exhibit D attache hereto and made a part hereof as property tentaticely to be acquired
for the Riverview orridor Busway Project. Prior Io the start actual acquisition of any
parcel, the City 11 submit to the Council for the Council's review and approval a Land
-- 4 --
Draft 12/31/O1-City
Ot-t�l�
B. Responsibilitv. (1) The City shall be responsible for Land Acquisition. The City may
utilize the services of the Housing and Redevelopment Authority in and for the City of St.
Paul to accomplish Land Acquisition. The City may subdivide the parcels which have been
acquired as Land Acquisition. With respect to the parcels or portions thereof acquired by
the City as Land Acquisition which the Council in its sole discretion has determined ar
necessary for conshuction, operation and maintenance by the Council of the bus fa � ities
in the locations shown on E�ibit C, the City shall convey to the Council marke le fee
title or such other real properry interest as agreed to by the parties to the Co il to those
parcels or portions thereof free of interests, liens, or encumbrances which e Council
determines will interfere with consriuction, operation or maintenance o the CounciPs bus
facilities. The determination as to the type ofproperty interest to be onveyed to the
Councill be agreed to by the parties for each pazcel or tract acquir d by the City.
With respect to those parcels or portions thereof on which
property interest to be conveyed by the City to the Counci
easement, prior to conveyance to the Council of the real�
thereof necessary for construction, maintenance and
provided in this Section III ofthis Agreement, the C
recommended in the Phase I, a Phase II environm�hl
either: �
have agreed that the
fee title or a permanent
:rty interests sites or portions
i of the Council's facilities as
will have completed a Phase I and if
investi�ation on the sites and will
a. Certify that no hazardous wastes, po utants or contaminants as those terms are
defined under any federal, State of innesota or local statute, ordinance, code or
regulation has been found on the ites; or
b. If hazardous wastes, pollut s, or contaminants as those terms are defined under
any federal, State of Minn ota or local statute, ordinance, code or regulation have
been found on the site, t City will certify that it has completed the Response
Action Plan approved the applicable regulatory agency and received a no
association letter, no ction/no further action letter and other environmental
regulatory assuranc s goveming the site naming the Council as a beneficiary of all
such environmen 1 regulatory assurances.
The City will rovide to the Council copies of Phase I and Phase II environmental
investigatio , the approved Response Action Plan, and the envuonmental
assurance tters naming the Council as beneficiary prior to transfer of title to and
of titie to the site by the Council.
�2)
With resp ct to those parcels or portions thereof on which the parties have agreed that the
propert interest to be conveyed by the City to the Council is fee title, thiriy days prior to
the da of conveyance of each pazcels or portions thereof, the City shail fumish to
Co cil an abstract of title or a registered property abstract, certified to date to include
-- 5 --
Draft 12/31/O1-City
O�—��l�e
proper seazches covering banlmiptcies, state and federal judgments and liens, and levied
and pending special assessments. The Council shall be allowed ten (10) business days
after receipt of abstract for examination of title and making any objections which shall be
made in writing or deemed waived. If any objection is so made, the City shall have ten
(10) business days from receipt of the Council's written objecrions to notify the Council
of the City's intention to make title marketable within 30 days from the City's recei of
such written objection. If notice is given, the conveyance hereunder required sh be
postponed pending correction of title, but upon correction of title and within n(10) days
after written notice to the Council the parties shall perform this Agreeme according to
its terms. If notice is given but title is not corrected within the time p vided for, the City
will reimburse to Council the Acquisition Costs of the parcel or po on thereof for which
title is not marketable. The Council agrees to accept an owner' itle policy in the full
amount of the conveyance in lieu of an abstract of title if the operty is subject to a
master abstract or if no abstract of title is in the City's pos ssion or control. If the
Council is to receive such policy (1) the title examinatio period shall commence upon
the Council's receipt of a current title insurance co � ment.
(3) The City may for purposes of transit-oriented
Corridor Busway Project either retain or sell �
Land Acquisition pursuant to this Section III
Council in its sole discretion to be not neces
maintenance of the CounciPs bus facilitie�
(4)
(5)
related to the Riverview
h� e parcels or portions thereof acquired as
this Agreement determined by the
uy for construction, operation and
the Riverview Comdor busway Project.
The City will reimburse to the Counci a) the fair market value less reasonable expenses
associated with the sale of the Land cquisition parcels or portions thereof retained or
sold by the City for transit-related evelopment; and (b) the non-Purchase Price
Acquisition Costs associated wit the City's acquisition of the parcel or portions thereof
retained or sold by the City.
For purposes of this Agreem t, the fair market value of the parcels or portions thereof is
either the price at which th City seils the parcel or portion thereof to an independent
buyer in an arms length tr saction or the fair mazket value determined by an independent
fee appraiser whose sel tion is mutually agreed to by the Council and the City,
whichever is higher le s the value of any improvements that may have been provided by
the City.
The City shall m ket and sell the parcels or portions thereof acquired as Land
Acquisition pu uant to this Section III of this Agreement for the purpose of transit-
oriented deve pment related to the Riverview Corridor Busway Project.
The
City
will advance funds to the City for Land Acquisition upon certification by the
City has initiated acquisition of a parcel or parcels by purchase or
n, provided however, that the amount of funds advanced to the City by the
�
Draft 12/31/Ol-City
b�-t,�t�
(6)
��)
�
Council shall be the amount certified by the City to be necessary for acquisition of
individual pazcel or parcels on which the City has commenced acquisition.
The maxunum amount of funds to be advanced by the Council to the City for Land
Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed to b}
Parties. �
The City agrees to complete Land Acquisition and reimbursement to e Council
pursuant to this Section III of this Agreement by December 31, 2 4 unless otherwise
agreed to by the parties. In addition, no later than December3 2004, the City will
reimburse to the Council any funds plus accrued interest tha ave been advanced by the
Council to the City for Land Acquisition and remain unsp t on December 31, 2004.
The Council will be responsible for acquisition of the roperiy necessary for construction
of the transit hub at Maplewood as shown on Exhib� C.
IV.
Road Design and
A. Definition - West 7t Street Roadwav. For
construction of theWest 7"' Street Roadwa
of construction plans, specifications, cost
modification of adjoinin� areas to acco m
West 7t Street between I-35W and D ntc
design and construction contracts, c tract
�
p,tirposes of this A�reement, road design and
/("We`st 7"' Street Roadway") is the prepazation
stimates for ali roadway improvements and
odate the Riverview Corridor Busway Project on
�wn St. Paul, , advertisement and award of
administration, and construction inspection.
The City shall be resp sible for completion of the West 7"' Street Roadway of the
Riverview Corridor sway Project. The parties agree that the West 7` Street
Roadway design an construction will be done in stages.
During the desi of a stage of the West 7` Street Roadway, the City shall
incorporate int construction plans, design and engineering elements provided to
the City by Council associated with Riverview Corridor Busway station needs,
including b t not lnnited to the following design elements: relocation of utility
manholes ight bases, curbs, drainage changes, fences and other obshuctions
2.
around s�'ation areas.
3. Pnor o start of conshuction of a stage, the City shall submit to the Council for
Co cil's review and approval the final construction documents which will include
p s, specifications and a proposed construction schedule for the Riverview
-- 7 --
Draft 12/31/Ol-City
�l-171�
Comdor Busway Project to the greatest extent possible. The proposed construction
schedule shall be in compliance with Exhibit F attached hereto and made a part hereof.
4. The City shall advertise for bids for construction of the West 7�' Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract wi1
successful bidder, and construct the Riverview Corridor Busway Proj ect in
accordance with the plans and specifications, reviewed and approved by th ow
and designated as the Riverview Corridar Busway Project. The City's
5.
advertisement for bids and construction of the Riverview Corridor b way Project
shall be in compliance with all applicable provisions of the State ppropriation,
Minnesota state law, and regulations, including but not limite o compliance with
prevailing wage requirements, applicable federal law and r lations and any
applicable local ordinances, all of which shall be consid ed a part of this
Agreement as though fully set forth herein.
The City will administer the contract and insoec,rthe construction of the contract
work for the West 7"' Street Roadway. The �/ork included in the West 7`� Street
Roadway may be inspected periodically b the Council's authorized representative,
but the CounciPs authorized representa �ve will not have responsibility for the
un 1 reasonably determines the work included in
been constructed substantially in accordance
he Council through its authorized representative
such defects. The City shall require its
, and/or meet the requirements requested by the
Council through its autho ' ed representative. All work included in the West 7`"
Street Roadway shall b erformed in substantial accordance with the construction
documents approved the CounciL The City will inform the Council in writing of
completion of const ction of West 7` Street Roadway. Within a reasonable time
thereafter, the Co cil will inform the City in writing either that the West 7"' Street
Roadway as con ructed conforms to the construction documents approved by the
Council or that he West 7"' Street Roadway does not conform to the approved
construction ocuments. The Council will further inform the City of the specific
reasons for on-conformance to the construction documents and what steps, in the
opinion o the Council, must be taken by the City to make the West 7`'' Street
Roadw conform to the construction documents. The finai decision on
confo ance of the West 7t Street Roadway to the construction documents will be
mad by the Council. Evidence of the Council's decision that the West 7`'` Street
Ro dway conforms to the construction documents approved by the Council will be
i writing by letter from the Council's General Mana�er of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`� Street Roadway not conform
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
supervision of the work. If the (
the West 7"' Street Roadway has
with the construction dc
shall inform the City in
Contractor to make the
�
Draft 12/31/O1-City
construction documents.
6. The City will submit any amendments to or material changes in the approved West
7t Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which review and approval
approval will not be unreasonably withheld and will be provided to City in a ti 1}
manner. Such amendments to the approved final construction documents or
changes in the construction schedute must be submitted to the Council' authorizet
representative at least thirty (30) days prior to the implementation o uch change.
The City agrees that it will not proceed with amendment to or ch ges in the
approved final construction documents or construction schedul of the West 7"'
Street Roadway until the Council has consented to such cha e in accordance with
its procedures and has approved such change in writing as videnced by letter to the
City from the Council's authorized representative.
C. Maintenance and Operation -West 7` Street Roadway. Ex ept for those real property
interests conveyed to the Council pursuant to Section II f this Agreement and the bus
facilities installed by the Councii, the City will own, o erate and maintain the West 7"'
Street Roadway.
6i-�a 1�
D. . Definition - Phalen Roadwav._ For purposes o his Agreement, road design and __ ______ .
constnxction of the Phalen Roadway ("Phale oadway") is the prepazation of construction
plans, specifications, cost estimates for all adway improvements and modification of
adjoining areas to accommodate the Riv iew Comdor Busway Project in the future
Phalen Corridor between Arcade Stree and 7ohnson Parkway as shown on Exhibit Al
attached hereto, advertisement and a ard of design and construction contracts, contract
administration and construction in ection. The Phalen Roadway will form an inte�ral
portion of the Riverview Corrido .
E. Res onsibilit - Phalen Roa va . The City shall be responsible for the completion of the
Phalen Roadway and upon ompletion of construction, the Phalen Roadway will become a
portion of the Riverview orridor Busway Proj ect to be used by Council buses traveling
within the Busway Proj ct. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Co ncil for the Council's review and approval, the final construction
documents which w' include plans, specifications, and a proposed construction schedule
for the Phalen Roa way. The the greatest extent possible, the proposed construction
schedule shall be n compliance with Exhibit F attached hereto and made a part hereof.
F. Maintenance d O eration - Phalen Roadwa . The City will own, operate and maintain
the Phalen oadway.
�
Dra812/31/Ol-City
b t -l� tio
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modificarions to existing si�al systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
V.
Signalization
B. Responsibilitv.
2.
The City shall have responsibility to design, construct and � plement Signalization
and will utilize consultant expertise as needed. The Ci s design, installation and
implementation of Signalization shall be in compli ce with all applicable
provisions of the State Appropriation, Minnesot tate law and regulations,
including but not limited to compliance with p evailing wage requirements,
applicable federal law and regulations and y applicable local ordinances, all of
which shall be considered to be a part of is Agreement as though fully set forth herein.
During the design stage of Sign�
installation documents elements
Signalization needs.
the City shall incorporate into the final
to the City by the Council associated with
3. The City will submit plans and
review and approval by the C
the final Signalization plans�n
pecifications for Signalizarion to the Council for
iciPs Metro Transit Division and shall include in
specifications items required by the Council.
4. The City will administer e contract and inspect the installation of the contract
work for the Signalizati . The work included in the Signalization may be
inspected periodically y the Council's authorized representative, but the Council's
authorized represent ive will not have responsibility for the supervision of the
work. If the Counc' reasonably determines the work included in the Signalization
has not been insta ed substantially in accordance with the construction documents,
the Council thro gh its authorized representative shall inform the City in writing of
such defects. e City shall require its Contractor to make the corrections and/or
meet the requ ements requested by the Council through its authorized
representati e. All work included in the Signalization shall be performed in
substantia accordance with the approved installation docuxnents. The City will
inform t Council in writing of completion of construction of Signalization.
Within reasonable time thereafter, the Council will inform the City in writing
either at the Signalization as installed conforms to the installation documents
appr ved by the Council or that the Signalization does not conform to the approved
in allation documents. The Council will further inform the City of the specific
isons for non-conformance to the installation documents and what steps, in the
inion of the Council, must be taken by the City to make the Si�nalization
-- 10 --
at-�a�cp
Draft 12/31/O1-City
5.
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Councii. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Mana ei
of Metro Transit. Metro Transit will not unreasonably withhold acceptance e
Signalization. If the Council has informed the City that the Signalizati does not
conform to the installation documents in accordance with this Paza ph IV, the
City will take the steps necessary to make the Signalization co rm to the
installation documents.
The City will submit any amendments to or material
Signalization fmal installation documents, includi
Council for review and approval, which approv wi
and will be provided to the City in a timely m er.
approved final instruation documents
must be submitted to the Council's ac
prior to the implementation of such cl
with amendment to or changes in the
installation schedule of the Signaliz
change in accordance with its proc i
as evidenced by letter to the City or.
S.14anges in the approved
the installation schedule, to the
1 not be unreasonably withheld
Such amendments to the
in the construction schedule
hor' ed representative at least thirty (30) days
e. The City a�rees that it will not proceed
proved final instaliation documents or
m until the Council has consented to such
�es and has approved such change in writing
the Council's authorized representative.
C. Sienalization. The City shall own, op ate and maintain Signalization. Prior to completion
of Signalization by the City, the part� s will enter into an operation agreement which will
address how the City will operate S�gnalization, require the City to coordinate with the
Council in operation of Signalizat� n, and provide that the City may not significantly
modify its operation of Signaliza on without the Council's approval.
VI.
EIS an Preliminary Design of Interchanges
Definition. For purposes of t is Agreement, Federal Highway EIS and preliminary design of
interchanges ("Federal Hi ay EIS and Preliminary Design of Interchanges") means the
prepazation of an Enviro ental Impact Statement ("EIS") and related preliminary design for the
proposed modifications the interchanges at Shepard Road at I-35E and Shepard Road at THS.
Responsibility. The ity shall be responsible for being the lead agency in the EIS and
Preliminary Design f Interchanges process together witl� participation of Ramsey County and
MrrDOT as requir d by their responsibilities for the interchanges and together with the Federal
Hiahway Admi 'stration as the lead federal agency.
-- 11--
o�-�� ��
Draft 12/31/Ol-City
VII.
Station Design and Construction
Definition. For purposes of this Agreement station design and construction ("S
Construction") means the prepazation of preliminary and final design plans and
documents and construction for the station sites includin� ITS equipment in e
Corridor Busway Project.
and
Res�onsibilitv. The Council shall be responsible for Station Des' and Construction of each
station site within the Busway, the locations of which sites aze own on Exhibit C to this
Agreement. As more fully provided in Section III, Pazagrap 3, of this Agreement, the Council
shall review and approve Road Design and Construction t ensure that sireet improvements
accommodate the Station Design and Construction at ea station location.
VIII� Board Fare Co ection System
Definition. For purposes of this Agreement, off
Collection System") means a self-service proof�
machines ("TVMs") and validators which are�io�
Responsibility. The Council will be
Collection System.
�ard faze collection system ("Off Board Fare
payment system using ticket vending
ted on the station platforms.
for implementation of the Off Board Fare
IX.
Service Plan
Definition. Far purposes of this A eement, service plan ("Service Plan") means a plan which
provides for frequency of limited top bus operations and bus stop locations from downtown St.
Paul to the Mall of America d� g the interim stage of implementation of the Rivervie�v
Comdor Busway Project and om Maplewood Mall to Mall of America durin� the final stage of
the Busway Project.
Responsibilitv. The
each stage of the Ri�
individually and coo
low-platform buses �
incorporation of th�'
o il shall develop the Service Plan during design and construction of
v' w Corridor Busway Project. The City and the Council will
° atively pursue funding to support the acquisition by the Council of new
seve the Riverview Comdor Busway Project and to support the
test bus technology that minimizes noise and air qualitt� impacts.
-- 12 —
d �.. �'� L�
Draft 12/31/Ol-City
X.
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibilitv: The Council shall be responsible for Public Art.
XI.
Traffic Studies
Defmition. For purposes of this Agreement, traffic studies ("Traffic Stu es") means studies to
identify the projected level of service and the need for diamond lanes r the Riverview Corridor
Busway Project.
Responsibilitv. The Council has the responsibility to perform affic Studies.
Future Traffic Studies. If the Council and the City determi e the need for future traffic studies,
The City and the Council will jointly determine the subj t matter, scope and responsibility for
such traffic studies.
Financial
�
Estimated Bud¢ets. The parties �
listed in Sections II through X of
Section of
This Agreement
II
III
III
IV
IV
V
VI
VII
VIII
VII
VII, I
X�
Land
Land
Road
Road
Payment
�that the bud�et estimates for each of the items
Agreement aze as follows:
Area Planning
tion (Maplewood Hub)
and Construction
and Construction (Phalen)
E and Preliminary Design of
Interchanges
Station Design and Construction
Off Board Faze Collection System
ITS System
Planning, Design, Public Involvement
Public Art
Responsibilitv
City
City
Council
City
City
City
City
Council
Council
Council
Council
Council
Budeet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
--13 --
Ot-t�l(
Draft 12/31/Ol-City
None Specific Staff and Contingency
Council
TOTAL
The above items and associated budget estimates are more fully described in
attached hereto and made a part hereof.
3,500,000
$46,100,000
The budget estimates attached as E�ibit E include work completed or c ently
underway by City staff and City's consultant as of the date of this A eement.
B. Reimbursement b the Council. As further provided in this Se iAn XII and subj ect to
Section XN, Pazagraph E of this agreement, the Council sh reimburse the City for the
items listed above in Section XII.A. as the City's respons' ility based upon the
calculations for the costs for each item as shown above d in Exhibit E attached hereto.
The Council has no obligation to reimburse the City for or make any payments to the City
for any work or items except those items listed ab ve in this Paragraph XII.A.
Unless otherwise agreed to by the parties b�tten amendment to this Agreement, the
maximum reimbursement by the Council to e City for each line item shali be the
amount stated under the Budget amount in ection XII.A.
The parties further agree that the budge for each item shown above in Section XII.A and
in Exhibit E are estimates of the bud t and that the unit prices set forth in each of the
City's contracts and final quantities s measured by the Council shall govern in
computing the final costs for each � em for purposes of reimbursement.
In the event, the City determin s the need to amend its contract(s) with a supplemental
agreement or change arder in ccordance with Section IV, V of this Agreement which
results in an increase in the ntract amount, the estimated cost for the item to be
performed under the contr t, Council agrees to reimburse to the City the increased
amount as documented i the supplemental agreement or change arder in accordance with
the terms of this Agreeyfien
:�
In no event shall th Council's obligation to reimburse the City for the items listed in
Section XII.A. as e responsibility of the City exceed $21,450,000.
Terms of Pa nt. Except for (a) the specific provisions of this subparagraph with
respect to th est 7"' Street Roadway and the Phalen Roadway and (b) the provisions in
Section III f this Agreement with respect to Land Acquisition and (c) Signalization,
payment ill be made by the Council promptly after City presentation of invoices for
service performed and acceptance of such services by the Council's authorized a�ent.
shall be submitted with the following information: a project number to be
-- 14 --
o�-�� i�
Draft 12/31/O1-City
supplied by the Council; a sequential invoice number; the filing address, if different from
the business address; a description and supporting documentation of the work performed;
the total request for funds; and an ori�inal documentation of the �vork performed; the total
request for funds; and an original signature by the City's authorized a�ent.
Reimbursement shall be made by the Council not to exceed each invoiced nt within
thirty (30) days after the City presents the Council with the invoices fo i�ible costs
incurred under the scope of work identified above.
With respect to the West 7"' Street Roadway design, the C cil will reimbursr the City
for design services as accrued and billed every 30 day p to a maximum billed every 30
days up to a maximum of 14% of the estimated roa ay construction costs until the time
a West 7"' Street Roadway construction contract ' awarded. The Council will reimburse
the City for additional design and inspection s ices as accrued by the City after the
West 7` Street Roadway construction contr t award up to a maximum of 25% of final
construction contract awazd - i.e. the
day basis for design services prior a�
contract plus reimbursement on a 30
construction award design and inspe
construction contract award for the/�
ursement by the Council to the City of a 30
of the West 7` Street Roadway construction
basis by the Council to the City for post-
services shall not exceed 25% of the
7"' Street Roadway.
With respect to the West 7"' Str et Roadway construction contracts, upon the City's
request and submission to the ouncil of certification that the City has awarded the
contract for construction of e West 7` Street Roadway and will issue the notice to
proceed for Road Design d Construction within 30 days, the Council will advance to
the City an amount not t exceed 25% of the construction cost in the awarded contract for
construction of the We�f 7` Street Roadway.
With respect to the alen Roadway, upon the City's request and submission to the
Council by the Ci that the City has obtained the necessary funds for and consequently
will proceed wit construction of the Phalen Roadway, the Council w�ill pay to the City
$2,000,000 eith r as an advance toward construction of the Phalen Roadway or as
reimburseme for design services already performed by the City for the Phalen Roadway.
With respe t to Signalization, upon the City's request and submission to the Council of
certificaf n that the City has awarded the contract for installation of Signalization and
will iss e the notice to proceed for Signalization within 30 days, the Council will advance
to the ity an amount not to exceed 25% of the installation cost in the awarded contract
for i stallation of Signalization.
th respect to the Phalen Roadway, upon the City's request and submission to the
ouncil of certification that the City has awarded the contract for desi�n of the Phalen
Roadway, the Council will advance to the City an amount not to exceed 25% of the
design costs in the awarded contract for the Phalen Roadway.
-- 15 --
O(-1���
Draft 12/31/Ol-City
In addition, upon the City's request and submission to the Council of certification that the
City has a�varded the contract for construction of the Phalen Roadway and will issue the
notice to proceed for construction of the Phalen Roadway within 30 days, the Councill
will advance to the City an amount not to exceed 2�% of the construction cost in th�
awazded contract for construction of the Phalen Roadway.
In no event shall the advancement of funds for or reimbursement for the P en Roadway
by the Council exceed $2,000,000.
Conditions of Pavment. All services provided by the City purs t to this Agreement
shall be performed to the satisfaction of the Council, as dete med at the sole discretion
of the Council's authorized agent, and in accordance with applicable federal and state
laws including but not limited to Minnesota Laws, Cha ers 479 and 492, and applicable
local ordinances. If the City, its contractors, or subco actors submit work which is not
acceptable to the Council, the Council shali state w' particularity in what respect the
work submitted is unacceptable, and the City, its ontractors and subcontractors shall be
given a reasonable opporhznity to correct any o �ections by the Council. If, after
reasonable corrective efforts by the City, the ouncil remains unsatisfied with the work,
or concludes that the work was performed i violation of federal or state law, the City
shall not receive payment for such work , if the City has been advanced funds for the _
work pursuant to this Agreement, shall imburse to the Council such advanced funds..
D. Items to be Paid. Subject to the p
A�reement, the Council shall pay
of this Agreement as the responsy
E.
sions of Section XIV, Paragraph E of this
the items listed in Section XII
of the Council.
The parties agree that as of the date of this Agreement,
the funding for the Rivervie Corridor Busway Project is from State Appropriations
which are appropriations $25,000,000 in fiscal year 2001 and $19,000,000 in fiscal
year 2002 to the Counci for public improvements of capital nature for engineering,
design and constructio of an exclusive bus transitway including but not limited to,
acquisition of land right-of-way and an appropriation of 52,100,000 to the Council
for engineering, de gn and construction of bus transitways.
The parties agre that if the amount of State Appropriations to the Council as stated
above in this p agraph - i.e.the amount of $46,100,000 decreases for any reasons, this
Agreement s all terminate unless within 60 days of written notification by the Council to
the City of uch decrease, the parties have executed a written amendment to this
Agreeme which specifically provides for the items to be completed in light of the
decreas appropriations, and the estimated costs and responsibilities for those items.
of this Agreement due to decrease in the amount of State
'�.�
o�_i���
Draft 12/31/Ol-City
Appropriations, the Council has no fiuther obligations under this Agreement except for
reunbursement of costs incurred by the City pursuant to this Agreement prior to
termination. The City agrees to include in any contracts which the City will pay with
funds provided by the Council under this Agreement, a termination clause which allows
the City to terminate the contract with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate.
Upon termination of this Agreement due to rescission of State Appropriations, the
Council has no further obligations under this Agreement.
F. Authorized Agents. The Council's authorized agent for the purpose of a inistration of
this Agreement is Gary Orlich, Project Manager, Metro Transit, 560 Si Avenue North,
Minneapolis, MN 55411-4398, (612) 349-7465, or his successor. S agent shall have
final authority for acceptance of the City's services and if such se ices are accepted as
satisfactory, shall so certify on each invoice submitted. The Ci s authorized agents for
the purpose of administration of this Agreement aze the Dep ent of Economic
Development Director or his designee and the Public Wor Department Director or his
designee at City Hall Annex, 25 West Fourth Street, St. aal, MN 55102, (651) 266-
6576.
XIII.
Schedule
The parties agree fhat the items lisYed in Section�throu�h XI of this Agreement shall be
completed in accordance with the schedule atta ed hereto and made a part hereof as E�ibit F.
listed as the Cit 's res onsibili under P a a h XII.A. of this Aereement. The City agrees
that all items listed as the responsibilit of the City in Saction XII of this Agreement shall be
completed no later than December 3 2004 and that the Council has no obligation to reimburse
the City for any items which have t be substantially completed by December 31, 2004.
Further the City agrees to reimbu e to the Council on December 31, 2004, any and all funds
which have been advanced to t City by the Council pursuant to this Agreement for items for
which the City is responsible d which have not been substantially completed by December 31,
2004.
XIV
General Provisions
A. Term of Ae ement. This Agreement shall be effective on December 31, 2001, or upon
execution f this Agreement by the parties, whichever is eazlier, and shall remain in effect
-- 17 --
a �-�3L(
Draft 12/31/Ol-City
f:�
C.
�
until December 31, 2004 unless otherwise agreed to by the parties_
Cancellation. The Council mav cancel this A�reement, with cause upon 60 days written
notice to the Citv.
Insurance. Each pariy agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
CounciPs liability is governed by the provisions of Minnesota Statutes, C apter 466. The
City and the Council each warrant that each party is able to comply wi the
aforementioned indemnity requirements through an insurance or sel msurance program
and have minimum coverage consistent with the liability limit � tained in Minnesota
Statutes, Chapter 466.
Emplovees. All employees of each party and all persons �aged by each Party in the
performance of any work or services required or provid d for herein to be performed by
each party shall not be considered employees of any her party and that any and all
claims that may or might arise under the Workers' ompensation Act or the
Unemployment Compensation Act of the State Minnesota on behalf of said employees
while so engaged, and any and all claims ma by any third parties as a consequence of
any act or omission on the part of said emp yees while so en'aged, on any of the work
or services provided to be rendered herei , shall in no way be the obligation or
responsibility of any other party.
E. Apolicable Provisions of Law.
and requirements of the State ,
the appropriation must be sper
regulations including but no :
federal law and regulation an�
considered a part of this gree
F
CC�
shall to comply ���ith applicable provisions
is to the Council including the provision that
, Minnesota state law, and
nited to compliance with pre� ailing wage requirements,
of any applicable local ordinances all of which shall be
ient as though fully set forth herein.
No Discrimination. T e City agrees to comply with all applicable la�cs relating to non-
discrimination and firmative action. In particular, the City agrees not to discriminate
against any emplo ee or applicant for employment because of race, color, creed, religion,
six, sexual orient tion, marital status, status with regard to public assistance, membership
or activity in a cal rights commission, disability, age, or national oriain, and further
agrees to take ffirmative action so that applicants and employees aze treated equally with
respect to all spects of employement and compensation. The City agees to comply with
Minnesota tatutes section 363.03, subdivision 4, regarding non-discrunination in the
provision f public services, in undertaking the Busway Project.
ata. The City agrees that the reports and any new information that is de�•eloped
assistance of reimbursement by the Council pursuant to this ��reement is in the
�E:�
O l - �� c.�
Draft 12/31/Ol-City
public domain and may not be copyrighted. The City shall comply with the Minnesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administering data
under this Agreement.
H. Entire A,greement. It is understood and agreed that the entire agreement between the
parties is contained herein and that this Agreement supersedes ail oral a;reements and
negotiations between the parties relating to the subject matter hereof. All items referred
to in this Agreement are incorporated or attached and aze deemed to be part of this
Agreement. Any alterations, variations, modifications, or waivers of provisions of the
Agreement shall only be valid when they have been reduced to writing as an�mendmen
to this Agreement signed by the parties hereto. �
I.
Severabilitv. The provisions of this Agreement shall be deemed
this Agreement is rendered void, invalid or unenforceable, such .
the validity and enforceability of the remainder of this Agreem�nt unless the parts which
�y unpair the value of the
iivers by said party of any
by the other party as a
are void, invalid or otherwise unenforceable shall su
entire Agreement with respect to the parties. One or
provision, term, condition or covenant shall not be a
waiver to a subsequent breach of the same by other F
. If any part of
shail not affect
-- 19 --
o�_ �a cc,
Draft 12/31/Ol-City
XV.
Ethics
A. Code of Ethics. The Parties a�ee to maintain a written code or standazds of conduct that
shall govern the performance of its officers, employees, boud members or agents may
neither solicit nor accept gratuities, favors, or anythin� of monetary value from any
present or potential contractor. They may set minimum rules where the financial interest
is not substantial, or the gift is an unsolicited item of nominal intrinsic v ue. This code
or standazds shall also prohibit the Parties' officers, employees, boar members or agents
from using their positions for a purpose that constitutes or presen the appearance of
personal or organizational conflict of interest or personal gain. As permitted by State or
local law or regulations, the code of standazds shall include enalties, sanctions, or other
disciplinary actions for violations by the Parties officers, mployees, board members or
agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or andards of conduct shall prohibit
their employees, officers, and board members fro participating in the selection, awazd,
or administration of a third party contract if a re 1 or apparent conflict of interest would
be involved. Such a conflict would arise whe any of the following parties has a
financial or other interest in the entity select d for award: (a) an employee, officer, board
member or agent (b) any member of his or er immediate family; (c) his or her partner;
or (d) an organization that employs, or in nds to employ, any of the above.
C. Or¢anizational Conflicts of Interest. e Parties code or standards of conduct must
include procedures for identifying a d preventing real and appazent organizational
conflicts of interest. An or¢anizat' nal conflict of interest exists when the nature of the
work to be performed under a pr osed third party contract or may, without some
restrictions on future activities, esult in an unfair competitive advantage to the third party
contractor or impair its objecf ity in performing the contract work.
D. Debannent and Sus ensio . The Parties agree to comply, and assures the compliance of
each third party contract and at any tier, with Esecutive Orders Nos. 12549 and 12689,
"Debarment and Suspe sion," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide barment and Suspension (Non-procurement)," ���ithin 49 C.F.R.
Part 29.
XVI.
andAvailability of Records Requirements
A. Document ion of Pro'ect Costs. All costs charged to the Busway Project must be
supporte by proper documentation, including properly executed payrolls, time records,
invoice , contracts, or vouchers, evidencing the nature and propriety of the charges.
-- 20 --
01 -ta«
Draft 12;31/Ol-City
B. Accounts and Records. The ctiy agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expendihue of all costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the properiy records. These project accounts and
records shall be retained intact the the County for at lease six (6) years following the end
of the term of this Agreement. These requirements shall survive closeout of the Grant Agreement.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the S e
Auditor, or any of their duly authorized representatives at any time durin ormal
business hours, and as often as they reasonably deem necessary, shall ve access to and
the right to examine, audit, excerpt, and transcribe any books, doc ents, papers, or
records, which are pertinent to the accounting practices and pro dures of the other party
hereto and involve transactions relating to this A,;reement fo a minimum of six (6) yeazs
from the expiration of this Agreement.
IN TESTIMONY WHEREOF, the Parties hereto have
by their respective duly authorized representatives.
CITY OF SAINT PAUL
�
Its
Date
Approved as to Form:
�
Its
Date
this Agreement to be executed
COUNCIL
Approved as to Form:
of the City AttorneyOffice of General Counsel
-- 21--
a�_���
Draft 12/31/O1-City
EXHIBITS
A-- MAP SHOWING LOCATION OF RIVERVIEW CORRIDOR
Al - MAP OF PHALEN CORRIDOR
B-- SCOPE OF WORK AND BUDGET
C-- MAP SHOWiNG EXPECTED LOCATIONS OF BUS STATIONS ALONG
RIVERVIEW CORRIDOR BUSWAY PROJECT.
D-- MAP SHOWING EXPECTED ACQUISITIONS OF PROPERTY
RIVERVIEW CORRIDOR BUSWAY PROJECT ,
E -- COST ESTIMATES
F -- SCHEDULE
, ,.,�
Exti,ti,1 �!
a
�
y
r
�
-- --°-� - -= ' - ` �
i: �
s :• r �-,�- ;' ,�,_ '
�' � , '
F I g • '.�'_ :.. �:� �. i ; ....
_ �.'.. c .
' ¢ ��� ...� • ' .:��---...
o �����
�� � �' �: �/� Y
�CY � � N . �/� �
•y .. o; �y
y �.
.' _ ' "!'. a � � j. w
� � � �r
_ _. _ . ,
.� .
=� = �: � .'- .�,i > �, � �:.' � J '�- -' �
(� o B �,'� � _ _ -- y��. ' 5 - - — E
.. _ . __.. r � o
����' 1� '..� ,^I, y � _ - u � - �� � r _ w ��i
� �' � : : .:... n
.
• _ "N - •_ �. �"_'. - : t�V�; i .-h � > �R O C
.
, _ . w
. ::�� . ��+ �
_... _. .
� _ $�: � m 6 �� � . .` � I V O
J . Y �
, ': q 5 �
. " _"._-.:-. ...`(_;.. . �. . �, � 7G
� n A+-4 " � �' � (�. o
° �° � � O f , U
. a`'- � o y .�.,'.:.�. ^/` '` a.� ac�
3 .'�''. r` — �. - �.l - i� - —� a � '
" . 4 �__ . ";��I� :.... ' .i .! a � `• a
�. , �' � � j , } 't C°) b= `: � °� >
� , . _ __ _ : CCJ � ' � �;� � . x�:,. ` .,; - � -; " � . < �_, .
.l�=.:..�_ .. � � n:— .:-�'� = rU �' : :° �'� .`�`�. �`,
--'�:_': -c - r�~ -- -�° ;� � , .�: m i /
. s �, � ....�; � :: . ; � ..;
��� `�:
� -`- - '� ..:.i ' _...-. . __ F y S � T \ . ~. _ �
; _. �� �. ; :
,
: ..:, �
� � ...d.T.;:. • : .: _.�,... � ! -
� , ,. ' -
-- ' � � - -, - '' - '"" ?.i. ` ` � - :
. .
,
:..__�':...._- 1_
.. �, : _
.
. „_ , �
— , , :_ _ _
.
--::
- .:. ]. . �._.l !,: _ . • .
. _' . .., d � 3
, _ . . �:i.� ' --- n<
- _ _ -�._i- l.,:i;_. � �
�---_. _.. ,
-- � ;- - ,c.� :.- — i r� P_ i ° �
__ __ I J .'� - Q`f..�. . `� � . . '��� `52�� � �U
--- -- , i ' I ' - '' �.: �: ..a� -- � �s LL� _ , �o ,,P 3
— _— _- _-_'- ._ _ ... _ _ +. � .�,•. ��_::::: =� ' � � u --
_ —_ "' __ —v � � � 7. rS a � � b � ; u
_ _—__ ' ' ; �.. . c� �CC ��.' � I �l a� m �c
:.- __ _-_-___._ '.Y U ... '�^ .z,�,� ..5.` 't .-��
� ,-� ......
:. .:
. .-�i --
.., ; .. - - !� - _ _ .».
.
.....: . .. ..:...' , .' , � l . _ " ' '
. ._ . . . ... �' /' ' '. . �^L r . _ .... _ . _ � . " � _' _ �." _' � �
p. y t P� o
� �'� � 1 a, Q�� i i t i
t � :0,.1 �
�..� i � . `ea , :
Green Sheet # ' � � � � �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # 0� � � _����
--�--�
Resolution #
�
.�
Committee: Date
2
0
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Approval of Joint Powers Agreement with Metro Transit and Metropolitan Council Concerning the
Riverview Corridor Project
WHEREAS, the City of Saint Paul desires implementation of the Riverview Corridor Transit Project (Project)
in cooperation with Metro Transit and the Metropolitan Council; and
WHEREAS, the City of Saint Paul is steadfast in supporting the Project with elements as listed in City Council
Resolution O1-814, dated August 8, 2001, relating to preferred route alignxnent, pedestrian access, station
design and location, redevelopment, and diversion of traffic onto Shepard Road; and
WFIEREAS, the City of Saint Paul supports the following Project elements as recommended by the Riverview
Corridor Citizens Workgroup�in September, 2001 and subsequently adopted by the Metropolitan Council on
November 7, 2001 such that:
— Seventh 7`� Street be the alignment for the Local Transit Improvement Project
— The alignment be extended to Maplewood Ma11 on the east side and the Mall of America on the
west side; and
WHEREAS, the City desires to establish a process for swift and effective implementation of the various
elements of the Project; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WHEREAS, City ask HRA to undertake land acquisition necessary for Station and Station Area development
fiu�ther described in E�ibit A, of the Draft Joint Powers Agreement; and
WHEREAS, staff of the City of Saint Paul, Metro Transit and the Metropolitan Council have developed a
Joint Powers Agreement for consideration and ratification by the Saint Paul City Council.
WT�EREAS, the City of Saint Paul has entered into a Joint Powers Agreement with the Metropolitan Council
totalling $46.1M for the Riverview Conidor Project, and
WIIEREAS, this agreement designates the City of Saint Paul as the responsibie parry for $22.SM for: station
area planning, land acquisition, road design and construction, Phalen coordination, signalization and EIS
and preliminary design of interchanges.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
° � � - I3��,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint Paul approves the aitached Joint
Powers Agreement; and
BE IT FURTIIER RESOLVED, that the "Riverview Comdor Project" will include $22,500,000 financing
from the Metro Transit which represents the estimated amount of the project that will be the responsibility of
the City of Saint Paul, and
BE IT FINALLY RESOLVED, by the Council of the City of Saint Paul, upon recoxnmendation of the Mayor
and advice of the Long Range Capital Improvement Budget Committee, that $ 22,500,000 is available for
appropriation in the 2002 Capital Improvement Budgets, as heretofore adopted and amended by this Council,
be hereby further amended in the Improvement Budgets, in the following particulars:
FINANCING PLAN
Riverview Corridor Project
CO2-2XXXX
Metro Council
SPENDING PLAN
Riverview Corridor Project
CO2-2�
Conshuction
�'�,, y"�. 1 r^o s� �� S
� t 3�„1 � 3 g $ ; d t +
�`ael Y �, � "4.r ; '! U S�4 �.»
Current
Budget
1 11
1 11
Changes
22,500,000.00
22,500,000.00
Amended
Budget
22,500,000.00
22,500,000.00
Aequested by Department of:
Plannin & Economic De lo ment
♦
By:
Approved by Financ' erv ces
By: � � �
\
By:
Apprwed by
By:
Form Approved b
By:
:d by May
By:
Adopted by Council: Date ��O O�.
Adoption Cer*+f;Prl ht, rn,,,,�;� cP�rPrar.,
DEPARTMENIYOFFICE/COUNCII.: DATE IIVITiATED GREEN SHEET No.: 110668
- Planning & Economic Dev. December 12, � �-� �(�
2001
CONTACI' PERSON & PHONE: INiTTAClDATE INiTIAIJDATE
Allen I.ovejoy 6-6576 � z rm nmscrox 4 CTfY COUNCIL D. BOSIROM
MUST BE ON COUNCII, AGENDA BY (DATE) �IC'N 3_C1TY AITORNEY - CITY CLERK
5 FINANCIAL SERV _1_ B. GEURS
DECCIDUET' 19, Z.00I �g ffiER 6 MAYOR (OR ASST.)
ROUTING
ORDBB
TOTAL # OF SIGNATURE PAGES _7_(CLIP ALL LOCATIONS FOR SIGNAT[JRL�')
ACTION REQUESTED:
��
RECOMI��NDATIONS: Approve (A) or Rejut (R) .. PERSONAL SERVICE CONTRACl'S M[7ST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION , 1. Hu this peison/firm evet worked under a contract for this depaztrnent?
' CIB COMMiTTEE Yes No
CIVII. SERVICE COMMLSSION 2. Hu this person/firm ever been a ciTy employee?
Yes No
3. Does this person/fum possess a skill not normally possessed by any cutrent city employee?
Yes No
E�lain all yes answers on separate sheet aud attach to green sheet
INITIATiNG PROBLEM, ISSiJE, OPPORTUNIT'Y (Whq What, When, Where, Why): .
Through the adoption of the attached resolution, direct staff to negotiate and execute a Joint Powers Agreement
among the City, Metro Transit and Metropolitan Council for the purpose of implementing the Riverview Corridor
Busway,
, ADVANTAGESIFAPPROVED:
Allows the City to implement the $46.1 million Riverview Corridor project in conjunction with Metro Transit.
DISADVANTAGES IF APPROVED: �
None
DISADVANTAGES IF NOT APPROVED:
The City will miss this opporiunity to use the $46.1 million to do redevelopment of neighborhood centers in
conjunction with substantial transit improvements between the West 7`" Gateway area and Hillcrest Shopping area.
TOTAI, AMOLIVT OF TRANSACTION: $22.5 million COST/REVENOE BUDGETED:
� F�7NDING SOURCE: State Grant ACTIViTP NUMBER: CO2-2XXXX
FINANCIAI, INFORMATION: (EXPLAIN)
. Fund 148
KVSM1arcd�PMU.O V EJOi'�FOrms�greensht wpd
DEPARTMENTOFPLANNING
& ECONOMIC DEYELOPMENT
Tony Schertler, Intenm Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
TO:
FROM:
�
January 8, 2002
Council President Dan Bostrom
25 Wut Fourth Street
Saint Paul, eLA�55102
Councilxnember Jay Benanau
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilxnember Kathy Lantry
Councilmember Jim Reiter
Tony Schertler, PED Interim Director ��
�a�
� / %
Telephone: 651-266-6 �00
Facsimile: 651-Z28-3220
Di- �"J\�
JOINT POWERS AGREEMENT FOR RIVERFRONT BUSWAY PROJECT
C.F. 01-1316 with Attachments
Please find attached the Joint Powers Agreement between the Metropolitan Council and the City
of Saint Paul for the Implementation on The Riverview Corridor Busway Project. This document
with attachments is in substantially final form and is recommended for approval by the
Admiuistration.
Attachment
K:�Shazed�Ped�PT7LVERytpaasA 10202.geu�s.wpd
Draft City
JOINT POWERS AGREEMENT � � �, � \ �'
BETWEEN METROPOLITAl� COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE INiPLEMENT:�TION OF
THE RTVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution by both of the
parties, is made by and between the Metropolitan Council (the "Council"), a public corporation
and political subdivision of the State of Minnesota and the City of Saint Paul (the "Ciry"), a
municipal corporation.
Background Recitals
Pursuant to Minnesota Statutes Chapter 473, the Council is cutrently responsible for the
construction and operation of the public transit system within the Minneapolis-St. Paul
metropolitan region ("Metropolitan Area"), including the City.
2. In 2000, the Minnesota Legislature appropriated from the general fund 525,000,000 in
fiscal year 2001 and $19,000,000 in fiscal year 2002 to the Council for public
improvements of a capital nature for engineering, design and construction of an exclusive
bus transitway, including but not limited to, acquisition of land and right-of-way
(Minnesota Laws 2000 Chapter 492).
Further, in 2000, the Minnesota Legislature appropriated to Metropolitan Council
$6,300,000 for engineering, design and construction of bus transitways, including but not
limited to, acquisition of land and rights-of-way (�finnesota Laws Chapter 479).
Collectively the above-named appropriations are referred to in this Agreement as the "State
Appropriations".
3. The Saint Paul City Council passed Resolution 0�-97� on October 18, 2000, selecting the Bus
Rapid Transit altemative for the Riverview Corridor for further examination subject to the
condition that more citizen participation be required.
4. In December 2000, the Council allocated $46.1 million of State Appropriations consisting of $44
million of Laws 2000 Chapter 492 appropriations and 52.1 million of Laws 2000 Chapter 479
appropriations for a busway in the Metropolitan Area to the Riverview Corridor ("Ricerview
Corridor Busway ProjecY') or ("Riverview Busway") located in Saint Paul, as shown in E�chbit
A.
5. In April, 2001, the Council initiated an EIS for the Ricerview Corridor Bus�cay Project, a
Corridor Management Committee ("Corridor Management Committee"), a Technical Advisory
Comixrittee ("Technical Advisory Committee") and a Citizens Workgroup (`'Citizens
-- 1 --
Draft City
Workgroup") to review and make recommendations to the Council on the EIS. d ��� 31 �°
6. On August 8, 2001, the Saint Paul City Council adopted Resolution 01-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Counc� to enter into a joint
agreement to construct the Riverview Busway.
7. The Citizens Workgroup, after conducting numerous sessions reviewing four separate alignments
within the Riverview Comdor, at its September 12, 2001 meeting recommended:
. That the 7`" Street alignment be the prefeired altemative for the Riverview-
Corridor Busway Project and
. That the 7`" Street alignment be extended to Maplewood Mall on the east side and
the Mall of America on the west, and
. That additional funds be obtained and used to modify the 35E interchanges to
divert traffic from West 7�` Street to Shepazd Road, and
. That citizen input should be a part of the planning process for the Riverview
Busway.
• That the original recommendation of the Citizens Workgroup of an EIS for the
entire Riverview Corridor Busway Project be modified into a recommendation for
an EIS to be compieted which would address potential interchange modifications at
Shepard Road and I-35E and Shepard Road and West Seventh Street.
6. The Corridor Management Comrnittee on September 27, 2001, approved the
recommendation of the Citizens Workgroup.
7. The Saint Paul Planning Commission on October 19, 2001, approved a process for station area
planning and public participation with the objective of preparing a master plan for station areas
within the Riverview Corridor Busway Project.
8. The Council's Transportation Committee on October 22, 2001, accepted the recommendations
of the Citizens Workgroup and Comdor Management Committees, and adopted the Scope and
Implementation Plan as presented.
9. The Council accepted and approved the recommendations of the Transportation Coum�ittee on
December:l2, 2001, and
-- Z --
Draft City
6�-11�b
10. The Council and the City have prepared an outline of the scope of wark and budget allocation
of the funds for the Riverview Corridor Busway Project: and
11. The Council has deteimined that it will make a good faith effort to provide sufficient fleet for
the Riverview Corridor Busway Project.
12. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the River�lew Corridor
Busway Project and have detemrined that it is in their mutual best interests and in the interests of
the public to set forth their agreement in a Joint Powers Agreement for the Riverview Corridor
Busway Project pursuant to their powers and authority under Minnesota Statutes Chapters 473,
, Minnesota Statutes § 471.59 and other applicable statutes.
13. The parties have passed Resolutions or taken other action listed as follows authorizing their
officials to execute this Joint Powers Agreement between and among the Parties which contains
the following terms and conditions with respect to the engineering, design and construction of the
Riverview Comdor Busway Project.
Resolutions DatePassed Resolution\o.
Council 12/12/O1 Action Item
2001-502
City
Agreement
Now, therefore, for mutual valuable consideration, the sufficiency of which has been agreed
to by the parties, the Council and the City agree as follows:
I.
°3--
Draft City
Purpose
The purpose of this Agreement is to set forth the agreements made bet�veen the parties on topics
and issues with respect to the engineering, design and construction of the Riverview Corridor
Busway Project.
II.
Station Area Planning
at-�3ab
A. Definition. For purposes of this Agreement, Station area planning ("Station Area Planning"
consists of the following elements:
(1) Development and implementation of a public participation process consisting
of the establishment of three Station Area Advisory Task Forces, i. e. one
Station Advisory Task Force to be established for each of the following
areas of St. Paul: West Seventh between Shepard/Davern and Smith;
Downtown; Eastside; and
(2) Development of a master plan for the River�iew Corridor Busway Project
which includes plans for each station area, redevelopment plans
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is E�chibit A, which shows the Council's expected
locations for bus stations along the Riven�iew Comdor Busway Project.
C. Responsibilitv. The City shall be responsible for development and implementation of
Station Area Planning.
The City sha11 develop and complete Station Area Planning in consultation with Council
staff and the Council's consultant for technical assistance.
�
Draft City
O� -131�
The City shall ensure that to the greatest extent possible Station Area Advisory Task Forces
established pursuant to Station Area Planning work cooperatively with the Citizens
Workgroup to facilitate public input on the individual station azeas.
Further, the City shall ensure that the redevelopment plans and implementation strategies
developed pursuant to Station Area Planning for the Riverview Comdor Busway Project
includes the bus stations in the locations shown on E�ibit A and that the existing zoning
or rezoning done by the City with respect to the Riverview Corridor Busway Project is
appropriate for the Council's bus stations in the locations shown on E�ibit A.
III.
Land Ac uisition
A. Definition. For purposes of this Agreement, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemnation, of land pazcels at Riverview Corridor Busway
Project sites identified by the City and Council for future transit-oriented development.
Land Acquisition includes the purchase price or condemnation coimnissioners' award
("Purchase Price") and associated acquisition costs including but not limited to real estate
appraisals, title work, legal Fees and related costs, relocation, demolition of existing
building, environmental investigation and cleanup, if necessary, acquisition of the parcels
including negotiations, closings, document recording and other associated closing
procedures and condemnation costs ("Acquisition Cosu")
As of the date of this Agreement, the City and Council have identified the properties shown
on E�ibit B attached hereto and made a part hereof as property tentatively to be acquired
for the Riverview Corridor Busway Project. Prior to the actual start of acquisition of any
parcel, the City will submit to the Council for the Council's review aud approval a Land
Acquisition plan showing the specific pa�•cels to be acquired.
-- 5 --
Draft City
bt-l31l�
B. Responsibilitv.
(1} The City shail be responsibie for Land Acquisition. The City may utilize the
services of the Housing and Redevelopment Authority in and for the City of St. Paul
to accomplish Land Acquisition. The City may subdivide the pazcels which have
been acquired as Land Acquisition. With respect to the parcels or portions thereof
acquired by the City as Land Acquisition which the Council in iu sole discretion
has determined are necessary for construction, operation and maintenance by the
Council of the bus facilities in the tentative locations shown on E�ibit B, the City
sha11 convey to the Council marketable fee title or such other real property interest
as agreed to by the parties to those parcels or portions thereof free of interests, liens,
or encumbrances which the Council determines will interfere with construction,
operation or maintenance of the Council's bus facilities. The determination as to
the type of property interest to be conveyed to the Council shall be agreed to by the
parties for each pazcel or tract acquired by the City. The fmai determination as to
the type of property interest to be conveyed to the Council for each parcel or tract
acquired by the City shall be made by the Council.
With respect to those parcels or portions thereof on �vhich the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title or a
pennauent easement, prior to conveyance to the Council of the real property
interests necessary for construction, maintenance and operation of the CounciPs
facilities as provided in this Section III of this Agreement, the City will hace
completed a Phase I and if recommended m the Phase I, a Phase II environmental
investigation on the sites and will either:
�
Draft City
o c-131�
a. Certify that no hazardous wastes, pollutants or contaminants as those terms
are defined under any federal, State of Minnesota or local statute, ordinance,
code or regulation has been found on the sites; or
b. If hazardous wastes, pollutants, or conta as those teims are defined
under any federal, State of Minnesota or local statute, ordinance, code or
regulation have been found on the site, the City will certify that it has
completed the Response Action Plan approved by the applicable regulatory
agency and received a no association letter, no action/no further action letter
and other environmental regulatory assurances govemin� the site naming the
Council as a beneficiary of all such environmental regulatory assurances.
The City will provide to the Council copies of Phase I and Phase II
environmental investigations, the approved Response Action Plan, and the
envixonmental assurance letters nanvng the Council as bzneficiary prior to
transfer of title to and acceptance of title to the site by the Council.
(2) With respect to those parcels or portions thereof on which the parties have agreed
that the property interest to be conveyed by the City to the Council is fee title, thirty
days prior to the date of conveyance of each pazcels or portions thereof, the City
shall furnish to Council an abstract of title or a registered property abstract, certified
to date to include proper searches covering bankruptcies, state and federal
judgments and liens, and levied and pending special assessments. The Council shall
be allowed ten (10) business days after receipt of abstract for examination of title
and making any objections which shall be made in writing or deemed waived. If
any objection is so made, the City sha11 have ten (10) business days from receipt of
the Council's written objections to notify the Council of the Ciry's intention to
make title marketable within 30 days from the City's receipt of such written
objection. Tf notice is given, the conveyance hereunder required shall be postponed
-- 7 --
Draft City
a�-tS\6
pending conection of title, but upon correction of title and within ten (10) days after
written notice to the Council the parties shall perform this Agreement according to
its terms. If notice is given but title is not corrected within the time provided for,
the City will reimburse to Council the Acquisition Costs of the parcel or portion
thereof for which title is not mazketabie. 7he Council agrees to accept an owner's
title policy in the full amount of the conveyance in lieu of an abstract of title if the
property is subject to a master abstract or if no abstract of titie is in the City's
possession or control. If the Council is to receive such policy (1) the title
examination period shall commence upon the Council's receipt of a current title
insurance commitment.
(3) The City may For purposes of transit-oriented development related to the Riverview
Corridor Busway Project either retain, sell or transFer those pazcels or portions
thereof acquired as Land Acquisition pursuant to this Section III of this Agreement
detemvned by the Council in its sole discretion to be not necessary for construction,
operation and maintenance of the Council's bus facilities in the Riverview Comdor
Busway Project.
The City will reimburse to the Council (a) the fair mazket value less reasonable
eapenses associated with the sale of the Land Acquisition parcels or portions
thereof retained or sold by the City for transit-related development; and (b) the non-
Purchase Price Acquisition Costs associated with the City's acquisition of the pazcel
or portions thereof retained or sold by the City.
For puiposes of this Agreement, the fair market value of the pazcels or portions
thereof is either the price at which the City sells the pazcel or portion thereof to an
independent buyer in an am�s length transaction or the fair market value determined
by an independent fee appraiser whose selection is mutually agreed to by the
��
Draft City
6 � — tJ l{,
Council and the Ciry, whichever is higher, less the value of any improvements that
may ha�e been provided by the City.
(4) The City shall market and sell the parcels or portions thereof acquired as Land
Acquisition pursuant to this Section III of this Agreement for the purpose of transit-
oriented development related to the Riverview Corridor Busway Project.
(5) The Council will advance funds to the City for Land Acquisition upon
certification by the City that the City has initiated acquisition of a parcel or parcels
by purchase or condemnation, provided however, that the amount of funds
advanced to the City by the Council shall be the amount certified by the City to be
necessary for acquisition of individual pazcel or pazcels on which the City has
commenced acquisition.
(6) The maximum amount of funds to be advanced by the Council to the City for
Land Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed
to by the Parties.
(7) The City agrees to complete Land Acquisition and reimbursement to the Council
pursuant to this Section III of this Agreement by December 31, 2004 unless
otherwise agreed to by the parties. In addition, no later than December 31, 2004,
the City will reimburse to the Council any funds plus accrued interest that have been
advanced by the Council to the City for Land Acquisition and remain unspent on
December 31, 200A.
(8) The Council will be responsible for acquisition of the property necessary for
construction of the transit hub at Maplewood as shown on Exlubit A.
:�
Ltraft City
O\-\3l�
��
Road Design and Construcrion
A. Definition — West 7'" Street Roadwav. For purposes of this Agreement, road design and
construction of the West 7`" Street Roadway ("West 7`" Sueet Roadway") is the preparation
of construction plans, specifications, cost estunates for all roadway improvements and
modification of adjoining areas to accommodate the Rivervie�v Corridor Busway Project on
West 7�` Street between I-35E and Downtown St. Paul, , advertisement and award of design
and construction contracts, contract administration, and construction inspection.
B. Res�onsibilitX West 7'" Street Roadwav.
1. The City shall be responsibie for completion of the West 7`" Street Roadway of the
Riverview Corridor Busway Project. The parties agree that the `Vest 7"" Street
Roadway design and construction will be done in stages.
2. During the design of a stage of the West 7�` Street Roadway, the City sha11
incorporate into construction plans, design and engineering elements provided to the
City by the Council associated with Riverview Corridor Busway station needs,
inciuding but not lunited to the following design elements: relocation of utility
manlioles, light bases, curbs, drainage changes, fences and other obstructions
around station areas.
Prior to start of construction of a stage, the City shall submit to the Council for
Council's review and approval the final construction documents which will include
plans, specifications and a proposed construction schedule for the Riverview
Corridor Busway Project. To the greatest extent possible, the proposed construction
schedule shall be in compliance with E�ubit C attached hereto and made a part hereof.
-- 10 --
Draft City
a �-��\�
4. The City shall advertise for bids for construction of the West 7`" Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract with a
successful bidder, and construct the West 7`" Street Roadway in accordance with the
plans and specifications, reviewed and approved by the Council and designated as
the West 7`� Street Roadway. The City's advertisement for bids and construction of
the West 7�' Street Roadway shall be in compliance with all applicable provisions of
the State Appropriation, Minuesota state law, and regulations, inciuding but not
limited to compliance with prevailing wage requirements, applicable federal law
and regulations and any applicable local ordinaaices, a11 of which shall be considered
a part of this Agreement as though fully set forth herein.
5. The City will administer the contract and inspect the construction of the contract
work for the West 7`" Street Roadway. The work included in the West 7`" Street
Roadway may be inspected periodically by the CounciPs authorized representative,
but the Council's authorized representative will not have responsibility for the
supervision of the work If the Council reasonably deternrines the work included in
the West 7'" Street Roadway has not been constructed substantially in accordance
with the construction documents, the Council through its authorized representative
sha11 inform the City in writing of such defects. The City shall require its
Contractor to make the corrections and/or meet the requirements requested by the
Council through its authorized representative. All work included in the `Vest 7�`
Street Roadway shall be performed in substantial accordance with the construction
documents approved by the Council. The City will inform the Council in writing of
completion of construction of West 7�` Street Roadway. Within a reasonable time
thereafter, the Council will inform the City in writing either that the West 7'" Street
Roadway as constructed confom�s to the construction documents approved by the
Council or that the West 7`" Street Roadway does not conform to the approved
construction documents. The Council will further inform the City of the specific
reasons for non-conformance to the construction documents and what steps, in the
-- 11 --
Draft City
° �-17i(,
opinion of the Council, must be taken by the City to make the West 7`� Street
Roadway conform to the construction documents. The final decision on
conforn�ance of the West 7'" Street Roadway to the construction documents w71 be
made by the Council. Evidence of the CounciPs decision that the West 7`" Street
Roadway conforms to the construction documents approved by the Council will be
in writing by letter from the CounciPs General Manager of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`" Street Roadway not confortn
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
construction documents.
The City will submit any amendments to or material changes in the approved West
7`� Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which revie�v and approval wili
not be unreasonably withheld and will be provided to City in a timely inauuer. Such
amendments to the approved final construction documents and/or changes in the
construction schedule must be submitted to the Council's authorized representative
at least thirty (30) days prior to the implementation of such change. The City agrees
that it will not proceed with amendment to or changes in the approved final
construction documents or construction schedule of the West 7'" Street Roadway
until the Council has consented to such change in accordance �vith its procedures
and has approved such change in writing as evidenced by letter to the City from the
Council's authorized representative.
C. Maintenance and Operation -West 7�' Street Roadway. Except for those real property
interests conveyed to the Council pursuant to Section III of this Agreement and the bus
facilities installed by the Council, the City will own, operate and maiutain the West 7�'
Street Roadway, which maintenance will include priority curb-to-curb snowplowing on the
-- 1 -_
Draft City
West 7`" Street Roadway. This provision will survive termination of this Agreement..
b � - t'3�6
D. Definition — Phalen Roadwav. For purposes of this Agreement, road design and
construction of the Phalen Roadway ("Phalen Roadwa}�') is the prepazation of construction
plans, specifications, cost estunates for all roadway improvements and modification of
adjoining azeas to accommodate the Riverview Corridor Busway Project in the future
Phalen Corridor beriveen Arcade Street and Johnson Parkway as shown on E�ubit A
attached hereto, advertisement and award of design and construction contracts, contract
administration and construction inspection. The Phalen Roadway will form an integral
portion of the Riverview Comdor.
E. Res�onsibilitv — Phalen Roadwav. The City shall be responsibie for the completion of the
Phalen Roadway and upon compietion of construction, the Phalen Roadway will become a
portion of the Riverview Corridor Busway Project to be used by Council buses traveling
within the Busway Project. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Council for the CounciPs review and approval, the final construction
documents which will include plans, specifications, and a proposed construction schedule
for the Phalen Roadway. To the greatest extent possible, the proposed construction
schedule sha11 be in compliance with Exhibit C attached hereto and made a part hereof.
F. Maintenance and Ooeration — Phalen Roadwav. Except for bus facilities installed by the
Council, the City will own, operate and maintain the Phalen Roadway, which maintenance
will include priority curb-to-curb snowplowing on the Phalen Roadway. This provision
will survive ternunation of this Agreement.
-- 13 --
Draft City
��-'�7\(
V.
Si�,�nalization
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modifications to existing signal systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
B. Responsibilitv.
The City shall have responsibility to design, construct and implement Signalization
and will utilize consultant eapertise as needed. The City's design, instailation and
implementation of Signalization shall be in compliance with all applicable
provisions of the State Appropriation, Minnesota State law and regulations,
including but not limited to compliance with prevailing wage requirements,
applicable federal law and regulations and any applicable local ordinances, all of
which shall be considered to be a part of this Agreement as though fully set forth herein.
2. During the design stage of Signalization, the City shall incorporate into the final
installation documents elements provided to the City by the Council associated with
Signalization needs.
3. The City wi11 submit plans and specifications for Signalization to the Council for
review and approval by the CounciPs Metro Transit Division and shall include in
the final Signalization plans and specifications items required by the Council.
4. The City will adtninister the contract and inspect the installation of the contract
work for the Signalization. The work inciuded in the Signalization may be
inspected periodically by the Council's authorized representative, but the Council's
authorized representative will noi have responsibility for the supervision of the
-- 14 --
Draft City
� � `�� 1C
work. If the Council reasonably detemvnes the work included in the Signalization
has not been installed substantially in accordance with the construction documents,
the Council through its authorized representative shall inform the City in writing of
such defects. The City shall require its Contractor to make the corrections andlor
meet the requirements requested by the Council through its authorized
representative. All work included in the Simalization shall be performed in
substantial accordance with the approved installation documents. The City will
inform the Council in writing of completion of construction of Signalization.
Within a reasonahle time thereafter, the Council will inform the City in writing
either that the Signalization as installed conforn�s to the installation documents
approved by the Council or that the Signalization does not conform to the approved
installation documents. The Council will further infonn the City of the specific
reasons for non-conformance to the installation documents and what steps, in the
opinion of the Council, must be taken by the City to make the Signalization
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Council. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Manager
of Metro Transit. Metro Transit will not unreasonably withhold acceptance of the
Signalization. If the Councii has informed the City that the Signalization does not
confoisn to the installation documents in accordance with this Paragraph �V, the
City will take the steps necessary to make the Signalization conform to the
installation documents.
5. The City will submit any amendments to or material changes in the approved
Signalization final installation documents, including the installation schedule, to the
Council for review and approval, which approval will not be unreasonably withheld
and will be provided to the City in a timely manner. Such amendments to the
approved final installation documents and/or changes in the construction schedule
-- 15 --
Draft City
��-1�11
must be submitted to the Councii's authorized representative at least thirty (30) days
prior to the implementation of such change. The City agrees that it will not proceed
with amendment to or changes in the approved final installation documents or
installation schedule of the Signalization until the Council has consented to such
change in accordance with its procedures and has approved such change in writing
as evidenced by letter to the City from the CounciPs authorized representative.
C. Signalization. The City shall own, operate and maintain Signalization. Prior to completion
of Signalization by the City, the parties wili enter into an operation agreement which will
address how the City will operate Signalization, require the City to coordinate with the
Council in operation of Signalization, and provide that the City may not significantly
modify its operation of Signalization without the CounciPs approval.
VI.
EIS and Preliminary Design of Interchanges
Definition. For purposes of this Agreement, Federai Highway EIS and preliminary design of
interchanges ("Federal Highway EIS and Preliminary Design of Interchanges") means the
preparation of an Environmental Impact Statement ("EIS") and related preliminary design for the
proposed modifications to the interchanges at Shepazd Road at I35E and Shepard Road at THS.
Resroonsibilitv. The City shall be responsible for being the lead agency in the EIS and
Preliminary Design of Interchanges process together with participation of Ramsey County and
MrrDOT as required by their responsibilities for the interchanges and together with the Federal
Highway Administration as the lead federal agency.
VII.
Station Design and Construction
-- 16 --
Draft City
Ot-i�1S�
Definition. For purposes of this Agreement station design and construction ("Station Design and
Construction") means the prepazation of preliininary and final design plans and construction
documents and construction for the station sites including ITS equipment in the Riverview
Corridor Busway Project.
Responsibilitv. The Council shall be responsble for Station Design and Construction of each
station site within the Busway, the locations of which sites are shown on Exhibit A to this
Agreement. As more fully provided in Section III, Paraa aph 3, of this Agreement, the Council
shall review and approve Road Design and Construction to ensure that street improvements
accommodate the Station Design and Construction at each station location.
II
Off Board Fare Collection System
Definition. For purposes of this Agreement, off board faze collection system ("OffBoazd Faze
Collection System") means a self-service proof of payment system using ticket vending machines
("TVMs") and validators which are located on the station platforms.
Responsibility. The Council will be responsible for implementation of the Off Board Faze
Collection System.
�A`�
Service Plan
Definition. For purposes of this Agreement, service plan ("Service Plan") means a plan which
provides for frequency of limited stop bus operations and bus stop locations from downtown St.
Paul to the Mall of America during the interim stage of implementation of the Riverview
-- 17 --
Draft City
Dt—\7\b
Corridor Busway Project and from Maplewood Mall to Mall of America during the final stage of
the Busway Project.
Responsbilitv. The Council shall develop the Service Plan during design and construction of
each stage of the Riverview Corridor Busway Project. The City and the Council will individually
and cooperatively pursue funding to support the acquisition by the Council of new low-platform
buses to serve the Riverview Corridor Busway Project and to support the incorporation of the
latest bus technology that minimizes noise and air quality impacts.
/�
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibility: The Council shall be responsible for Public Art.
1�
Traffic Studies
Definition. For purposes of this Agreement, traffic studies ("Traffic Studies") means studies to
identify the projected level of service and the need for diamond lanes for the Riverview Corridor
Busway Project.
Responsibilitv. The Councii has the responsibility to perform Traffic Studies.
�
Draft City
��-��\�
Future Traffic Studies. If the Council and the Ciry determine the need for futute traffic studies,
The City and the Council will jointly determine the subject matter, scope and responsibility for
such traffic studies.
,� 1 .
�nancial Plan and Payment
A. Estimated BudQets. The parties agree that the budget estimates for each of the items listed
in Sections II through X of this Agreement are as follows:
Section of
This Agreement
II
III
III
IV
IV
V
VI
Item Description
Station Area Planning
Land Acquisition
Land Acquisition (Maplewood Hub)
Road Design and Construction
Road Design and Construction (Phalen)
Signalization
EIS and Preliminary Design of
Responsbilitv
City
City
Council
City
City
City
Interchanges City
VII Station Design and Construction Council
VIII Off Board Fare Coilection System Couucil
VII ITS System Council
VII, IX Planning, Design, Public Involvement Council
X Public Art Council
None Specific Staff and Contingency Council
TOTAL
Budaet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
3,500,000
�46,100,000
The budget estunates as listed above include work completed or currently underway by City staff
and City's consultant as of the date of this Agreement.
B. Reimbursement bv the Council. As further provided in this Section XII and subject to
Section XIV, Paragraph E of this agreement, the Council shall reimburse the City for the
items listed above in Section XII.A. as the City's responsibility based upon the calculations
for the costs for each item as shown above.
The Council has no obligation to reimburse the City for or make any payments to the City
-- 19 --
Draft City
c�-t5\�
for any work or items except those items listed above in this Paragraph X[I.A.
Unless otherwise agreed to by the parties by written amendment to this Agreement, the
maxiinum reimbursement by the Council to the City for each line item sha11 be the amount
stated under the Budget amount above in Section XII.A.
The parties further agree that the budget for each item shown above in Section XII.A and in
Exhibit E are estimates of the budget and that the unit prices set forth in each of the City's
contracts and final quantities as measured by the Council shall govern in computing the
final costs for each item for purposes of reimbursement.
In the event, the City deternrines the need to amend its contract(s) with a suppiemental
agreement or change order in accordance with Sections IV and V of this Agreement which
results in an increase in the contract amount. The Council agrees to reimburse to the City
the increased amount as documented in the supplemental agreement or change order in
accordance with the terms of this Agreement.
In no event shall the CounciPs obligation to reimburse the City for the items listed in
Section XII.A. as the responsibility of the City exceed $21,450,000.
C. Terrns of Payment. Except for (a) the specific provisions of this subparagraph �vith respect
to the West 7�` Street Roadway and the Phalen Roadway and (b) the provisions in Section
III of this Agreement with respect to Land Acquisition and (c) Signalization, payment will
be made by the Councii upon completion of each of the items by the City and promptly
after City presentation of invoices for services performed and acceptance of such services
by the Council's authorized agent. Invoices shall be submitted with the following
information: a project nuxnber to be supplied by the Council; a sequential invoice number;
the filing address, if different from the business address; a description and supporting
documentation of the work performed; the total request for funds, and an original
documentation of the work performed; the total request for funds; and an original signature
by the City's authorized agent. Reimburseznent shall be made by the Council not to exceed
each invoiced amount within thirty (30) days after the City presents the Council �vith the
invoices for eligible costs incurred under the scope of work identified above.
With respect to the West 7`" Street Roadway design, the Council will reimburse the City for
design services as accrued and billed every 30 days up to a maYimuxn of 14% of the
estimated roadway construction costs until the time a West 7�' Street Roadway construction
contract is awarded. The Council will reixnburse the City for additional design and
inspection services as accrued by the City after the West'7"` Street Roadway construction
contract award up to a xnaximum of 25°/a of final construction contract award — i.e. the
reimbursement by the Council to the City on a 30 day basis for design services prior to
award of the West 7`" Street Roadway construction contract plus reimbursement on a 30
day basis by the Council to the City for post-construction awazd design and inspection
services shall not exceed 25% of the construction contract award for the West 7"' Street Roadway.
--2�--
Draft City
6 1-t7tb
With respect to the West 7'" Street Roadway construction contracts, upon the City's request
and submission to the Council of certification that the City has awarded the contract for
construction of the West 7`� Street Roadway and will issue the notice to proceed for Road
Design and Constsuction within 30 days, the Council will advance to the City an amount
not to exceed 25% of the construction cost in the awarded contract for construction of the
West 7'" Street Roadway.
With respect to the Phalen Roadway, upon the City's request and submission to the Council
by the City that the City has obtained the necessary funds for and consequently will proceed
with construction of the Phalen Roadway, the Council will pay to the City $2,000,000
either as an advance toward construction of the Phalen Roadway or as reixnUursement for
design services already performed by the City for the Phalen Roadway or a combination of
both design and construction.
With respect to Signalization, upon the City's request and submission to the Council of
certification that the City has awarded the contract for installation of Signalization and will
issue the notice to proceed for Signalization within 30 days, the Council will advance to the
City an amount not to exceed 25°!0 of the installation cost in the awarded contract for
installation of Sigialization.
Conditions of Pa�ment. All services provided by the City pursuant to this Agreement sha11
be performed to the satisfaction of the Councii, as deternvned at the sole discretion of the
CounciPs authorized agent, and in accordance with all applicable federal and state laws
including but not limited to Minnesota Laws, Chapters 479 and 492, and applicable local
ordinances. If the City, its contractors, or subcontractors submit work which is not
acceptable to the Council, the Council shail state with particularity iu �vbat respect the work
submitted is unacceptable, and the City, its contractors and subcontractors sha11 be given a
reasonable opportunity to correct any objections by the Council. If, aRer reasonable
coirective efforts by the City, the Council remains unsatisfied with the work, or concludes
that the work was performed in violation of federal ar state law, the City shall not receive
payment for such work or, if the City has been advanced funds for the �vork pursuant to this
Agreement, shall reimburse to the Council such advanced funds..
D. Items to be Paid. Subject to the provisions of Section XIV, Pazagraph E of this Agreement,
the Council sha11 pay for the items listed in Section XII
of this Agreement as the responsbility of the Councii.
E. State Appropriations Allocation. The parties agree that as of the date of this Agreement,
the funding for the Riverview Corridor Busway Project is from State Appropriations which
are appropriations of $25,000,000 in fiscal yeaz 2001 and $19,000,000 in fiscal year 2002
to the Council for public improvements of capital nature for engineering, design and
construction of an exclusive bus transitway including but not limited to, acquisition of land
and right-of-way and an appropriation of $2, l Oq000 to the Council for engineering, design
-- 21 --
Draft City
a �—I,1S,
and construction of bus transitways.
The parties agree that if the amount of State Appropriations to the Council as stated above
in this paragraph — i.e. the amount of $46,100,000, decreases for any reason, this
Agreement shall terminate unless within 60 days of written notification by the Council to
the City of such decrease, the parties have executed a written amendment to this Agreement
which specifically provides for the items to be completed in light of the decreased
appropriations, and the estimated costs and responsbilities for those items.
Upon termination of this Agreement due to decrease in the amount of State Appropriations,
the Council has no further obligations under this Agreement except for rennbursement of
costs incurred by the City pursuant to this Agreement prior to tern�ination. The City agrees
to include in any contracts which the City will pay with funds provided by the Council
under this Agreement, a termination clause which allows the City to terminate the contract
with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate. Upon
termination of this Agreement due to rescission of State Appropriations, the Council has no
obligations under this Agreement.
F. Authorized Aeents. The Council's authorized agent for the purpose of adu�iuistration of
this Agreement is the Council's Regional Administrator or his designee, 230 East Fifth
Street, St. Paul, MN 55101-1626, (651) 602-1713, or his successor. Such agent shall have
final authority for acceptance of the City's services and if such services are accepted as
satisfactory, sha11 so certify on each invoice submitted. The City's authorized agents for the
purpose of administration of this Agreement are the Department of Economic Development
Director or his designee and the Public Works Department Director or his designee at City
Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6576.
XDT.
Schedule
The parties agree that the items listed in Sections II tlu XI of this Agreement shall be
completed in accordance with the schedule attached hereto and made a part hereof as E�chibit C.
The Councii reserves the right to request periodic progress reports from the City on the items
listed as the City's responsibility under Paragraph XII.A. of this Agreement. The City agrees that
a11 items listed as the responsibility of the City in Section XII of this Agreement sha11 be
completed no later than December 31, 2004 and that the Council has no obligation to reimburse
the City for any items which have not be substantially completed by December 31, 2004. Further
the City agrees to reimburse to the Council on December 31, 2004, any and all funds which haue
been advanced to the City by the Council pursuant to this Agreement for items for which the City
is responsble and which have not been substantially completed by December 31, 2004.
-- 22 --
Draft City
6�-lSt4�
XIV
General Provisions
A. Term of Aareement. This Agreement shall be effective on the date of execution by both
parties and shall remain in effect until December 31, 2004 unless otherwise agreed to by the
parties.
B. Canceilation. The Council may cancei this Agreement, with cause upon 60 days written
notice to the City. Upon termination by the Council, with cause, the Council has no further
obligations under this Agreement except for reimbursement of costs incurred by the City
prior to termination in accordance with the provisions of this Agreement.
C. Inswance. Each party agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
Council's liability is govemed by the provisions of Minnesota Statutes, Chapter 466. The
City and the Council each warrant that each party is able to comply with the
aforementioned indemnity requirements through an inswance or self-insurance program
and have minimum coverage consistent with the liability limits contained in Minnesota
Statutes, Chapter 466.
D. Emplo�. All employees of each party and all persons engaged by each Party in the
perfoiniance of any work or services required or provided for herein to be performed by
each party shall not be considered employees of any other party and that any and all claixns
that may or might arise under the Workers' Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so engaged,
and any and all claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged, on any of the work or services pro�ided to be
rendered herein, shall in no way be the obligation or responsibility of any other party.
E. Applicable Provisions of Law. The Parties shall to comply with applicable provisions and
requirements of the State Appropriations to the Council Minnesota state law, and
regulations including but not limited to compliance with prevailing wage requirements,
federallaw and regulations and of any applicable local ordinances all of which shall be
considered a part of this Agreement as though fully set forth herein.
F. No Discrimination. The City agrees to comply with all applicable laws relating to non-
discrimivation and affinnative action. In particular, the City agrees not to discrimivate
against any employee or applicant for employment because of race, color, creed religion,
siz, sexual orientation, marital status, status with regard to public assistance, membership
-- 23 --
Draft City
6�-t"11b
or activity in a local rights commission, disability, age, or national origin, and further agrees
to take affirmative action so that applicants and employees aze treated equatly with resgect
to all aspects of employment and compensation. The City agrees to comply with Minnesota
Statutes section 363.03, subdivision 4, regazding non-discrinvnation in the provision of
public services, in undertaking the Busway Project.
G. Public Data. The City agrees that the reports and any new information that is developed
with the assistance of reimbursement by the Council pursuant to this Agreement is in the
public domain and may not be copyrighted. The City shall comply with the Miunesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administeriag data under
this Agreement.
H. Entire Agreement. It is understood and agreed that the entire agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereo£ All items referred to in tbis
Agreement are incorporated or attached and are deemed to be part of this Agreement. Any
alterations, variations, modifications, or waivers of provisions of the Agreement shall only
be va7id when they have been reduced to writing as an amendment to this Agreement
signed by the parties hereto.
L Severabilitv. The provisions of this Agreement sha11 be deemed severable. If any part of
this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the parts which
aze void, invalid or otherwise unenforceable shall substantially impair the value of the
entire Agreement with respect to the parties. One or more waivers by said party of any
provision, term, condition or covenant sha11 not be construed by the other party as a waiver
to a subsequent breach of the same by other parties.
J. Time of Essence. The parties agree that time is of the essence with respect to the
provisions of this Agreement.
XV.
Ethics
A. Code of Ethics. The Parties agree to maintain a written code or standards of conduct that
shall govern the perfoiniance of its officers, employees, board members or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from any present
or potential contractor. They may set minimum rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. This code or
standards sha11 also prohibit the Parties' officers, employees, board members or agents from
using their positions for a purpose that constitutes or presents the appearance ofpersonal or
organizational conflict of interest or personal gain. As pennitted by State or local law or
regulations, the code of standazds shall include penalties, sanctions, or other disciplinary
-- 24 --
Draft City
O i -t'�\t�
actions for violations by the Parties officers, employees, board members or agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or standards of conduct shall prolubit their
employees, officers, and boazd members from participating in the selection, awazd, or
administration of a third party contract if a real or apparent conflict of interest would be
involved. Such a conflict would arise when any of the following parties has a financial or
other interest in the entity selected for awazd: (a) an employee, officer, board member or
agent; (b) any member of his or her immediate famil.y, (c) his or her partner; or (d) an
organization that employs, or intends to employ, any of the above.
C. Or�anizational Conflicts of Interest. The Parties code or standazds of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of
interest. An arganizational conflict of interest exists when the nature of the work to be
performed under a proposed third pariy contract or may, without some restrictions on future
activities, result in an unfair competitive advantage to the third party contractor or impair
its objectivity in performing the contract work.
A. Debarment and Sus�ension, The Parties agree to comply, and assures the compliance of
each third party contractor and at any tier, with Executive Orders Nos. 12549 aud 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide Debannent and Suspension (Non-procurement)," within 49 C.F.R. Part
29.
XVI.
Accounting and Availability of Records Requirements
A. Documentation of Project Costs. Ali costs charged to the Busway Project must be
supported by proper documentation, including properiy executed payrolls, time records,
invoices, contracts, or vouchers, evidencing the nature and propriety of the charges.
B. Accounts and Records. The City agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expenditure of ali costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the property records. These project accounts and
records shall be retained intact the County for at lease si�c (6) years following the end of the
term of this Agreement. These requirements sha11 survive temvnation of this Ageefnent.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the State Auditor,
or any of their duly authorized representatives at any time during normai business hours,
and as offen as they reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, or records, which aze
pertinent to the accounting practices and procedures of the other party hereto and involve
transactions relating to this Agreement for a minimum of six (6) years from the expiration
of this Agreement. This provision shall survive ternunation of this Agreement.
-- 25 --
� �
DI'3ft Cl�
8 �-����
IN TESTINIONY WHEREOF, the Parties hereto ha�e caused tl�is Agreement to be executed
by their respective duly authorized representatives.
CITY OF SAINT PAUL METROPOLTTAN COUNCIL
C��
Its
Date
Approved as to Form
�
Its
Date
Approved as to Fomv
Office of the City AttorneyOffice of Cseneral Counsel
-- 26 --
„ �
Draft City
b � -t'JI�
�•��:
A-- MAP SHOWING LOCATION OF RIVBRVIEW CORItIDOR AND EXPECTED
LOCATIONS OF BUS STATIONS ALONG RIVERVIEW CORRIDOR BUSWAY
PROJECT
B-- MAP SHOWIIVG EXPECTED ACQUISITIONS OF PROPERTY FOR THE
RIVERVIEW CORRIDOR BL3SWAY PR03ECT
C -- SCHED[JLE
D �-1715�
F�hi.bic 9
Riverview Corridor 'U'�
QMe17oTrdnSlt I ' AlignmenUStations
&2W, inc.
Riverview Corridor November 12, 2001
6�-171�
Exhibit B
Riverview Corridar
Proposed Acquisitions for Transit Stations
and Transit Oriented Development
Pronertv Identifzcation Address
Number
Davern station
212823140002 2526 West 7' Street
212823140004 2516 West 7`" Street
212823140003
212823140001 2525 West 7�' Street
Otto station
112823340174 1419 West 7`" Street �
142823210001 1428 West 7'" Street
Randolph station
112823410011 1017 West 7"' Street
112823140039 southeast corner of Randolph and West 7`" Street
Metro State station
322922130038 680 East 7`" Street
Hillcrest station '
222922110017 1661 White Bear Avenue
222922110150 1675 White Bear Avenue
O�-\�\�..
U �,
;� �
� �
'� U
X �
W
7
^ f�
LL
yr
�
.�
vJ
�
�
�
�
U
�
^�
�.1�
�
C
�
C ^,
W
/��
VJ
L
Q
�
�L
L
�
U
3
m
.�
�
��/
I..L
�
•��.. �
i�1 yN
O � �
-� �' p"' U
� •x, cd s.
� O � �
� � a ¢� �
�,
� b � o w
� �
a rx v� v� w
�
N
�
0
0
0
0
0
0
N
�
O
O
�
S
�
O
O
�
r
m
�
g
N
�
�
° o
N
ti
�
O
O
N
h
C
�
�
O
O
N
�
Q
�
O
O
N
V
h
M
�
Y
H
b�-����
U �,
� �
� �
'� U
W �
�
.�
c
ca
L
�
Q
L
-1.-�
N
�
c
ca
�
�
�
�
c
a�
a
�
L
�
�
�L
L
O
U
�
�
.�
�
N �
I ..L
V
%
� � V �
U � � � ,�
�°�° o Q � " �
o. � c �
Ca � W •� � � J
o W ' ...
� `� � � � o �
� w � a U a
0
0
0
0
�
�
�
0
0
0
0
�
�
�
�
�
0
�
N
w
0
c
rn
�
° o
0
0
�
v
w
0
0
0
0
�
[V
�
O
O
O
O
0
b
�
O
O
O
O
O
W
r
�
�
H
, �
/
s��xT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Coleman, Mayor
DATE: December 31, 2001
TO: Council President Dan Bostrom
Councilmember Jay Benanav
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Patrick Harris
Councilmember Kathy Lantry
Councilmember Jim Reiter
FROM:
�
Tony Schertler, PED Acting
JOINT POWERS AGRE
C.F. 01-1316 Item #37
DEPARTMENT OFPLANNI�G
& ECONOMIC DEVELOPMEV"C
Brian Sweeney, Director
2� West Fourth Street
SrtinePau[, MN5�102
�'m 7 �
a ,oa
l-O r ,�,�
��G
Telephone: 6il-266-6700
Facsimile: 65/-128-3210
FOR RIVERFRONT BUS�VAY PRO7ECT
Please find attached the Joint Powers greement between the Metropolitan Council and the City
of Saint Paul for the Implementation n The Riverview Corridor Busway Project. This
document is in substantially final f and is recommended for approval by the Administration.
Attachment
l�
K:\Shared\Ped�PUL V ER\j tp wrs.010202. geurs. wpd
Draft 12/31/Ol-Ciry
JOINT POWERS AGI2EEMENT
BETWEEN METROPOLITAN COUNCIL AND
THE CITY OF SAINT PAUL
FOR THE IMPLEMENTATION OF
THE RIVERVIEW CORRIDOR BUSWAY PROJECT
This Joint Powers Agreement ("Agreement"), effective on the date of execution both of the
parties, is made by and between the Metropolitan Council (the "Council"), a lic corporation
and political subdivision of the State of Minnesota and the City of Saint Pa (the "City"), a
municipal corporation.
Background Recitals
l. Pursuant to Minnesota Statutes Chapter 473, the
construction and operation of the public transit s
metropolitan region ("Metropolitan Area"), inch
i� currently responsible for the
thin the Minneapolis-St. Paul
City.
p�_�'>\4,
In 2000, the Minnesota Legislature appropri ed from the general fund $25,000,000 in
fiscal yeaz 2001 and $19,000,000 in fiscal ear 2002 to the Councii for public
improvements of a capital nature for eng' eering, design and construction of an exclusive
bus transitway, including but not limit to, acquisition of land and ri;ht-of-way
(Minnesota Laws 2�QQ Chapter 492)
Further, in 2000, the Minnesota gislature appropriated to Metropolitan Council
$6,300,000 for engineering, des' n and construction of bus transitways, including, but not
limited to, acquisition of land d rights-of-way (Minnesota Laws Chapter 479).
Collectively the above-nar�d appropriations are referred to in this Ageement as the
"State Appropriations".
3. The Saint Paul City Co il passed Resolution 00-970 on October 18, 2000, selecting the
Bus Rapid Transit alte tive for the Riverview Corridor for further exanunation subj ect to
the condition that mor citizen participation be required.
4. In December 2000, e Council allocated $46.1 million of State Appropriations consisting of
$44 million of La s 2000 Chapter 492 appropriations and $2.1 million of Laws 2000
Chapter 479 ap opriations for a busway in the Metropolitan Area to the Riverview
Comdor ("Riv rview Comdor Busway Project") or ("Riverview Busway") located in Saint
Paul, as sho�/n in Exhibit A.
5. In April. 2�001, the Council initiated an EIS for the Riverview Corridor Busway Project, a
Corridoi�Management Committee ("Corridor Mana�ement Committee"), a Technical
--1--
Draft 12/31/O1-City
o � -t� 1.(�
Advisory Committee ("Technical Advisory Committee") and a Citizens Workgroup
("Citizens Workgroup") to review and make recommendations to the Council on the EIS.
6. On August 8, 2001, the Saint Paul City Council adopted Resolution O1-814 selecting an
alignment for the Riverview Corridor Busway Project and invited the Council to enter ii
joint a�eement to construct the Riverview Busway. /
The Citizens Workgroup, after conductin� numerous sessions reviewing four azate
alignments within the Riverview Corridor, at its September 12, 2001 meeti recommended:
• That the 7` Street al �°nment be the preferred altemative for the Rive - iew-Corridor
Busway Project and
• That the 7"' Street alignment be extended to Maplewood Mall o the east side and the
Mall of America on the west, and
• That additional funds be obtained and used to modify the E interchanges to divert
traffic from West 7�' Street to Shepard Road, and
• That citizen input should be a part of the plannin� pr ess for the Riverview Busway.
. That the original recommendation of the Citizens orkgroup of an EIS for the enrire
Riverview Corridor Busway Project be modified nto a recommendation for an EIS to be
completed which would address potential inte hange modifications at Shepard Road
and I-35E and Shepard Road and West Seve th Street.
8. The Corridor Management Committee o September 27, 2001, appro��ed the
recommendation ofthe Citizens Work oup.
9. The Saint Paul Planning Commissio n October 19, 2001, approved a process for station
area planning and public participati n with the ob}ective of preparing a master plan for
station areas within the Riverview Comdor Busway Project.
10. The Council's Transportati n Committee on October 22, 2001, accepted the
recommendations of the itizens Workgroup and Corridor Management Committees, and
adopted the Scope and plementation Plan as presented.
i l. The Council accepte and approved the recommendations of the Transportation
Committee on Nov mber 12, 2001, and
12. The Council an the City have prepazed an outline of the scope of work and budget
allocation of e funds for the Riverview Corridor Busway Project, which outline is
attached he to and incorporated herein as Eachibit B, and
13. The Co cil has determined that it will make a good faith effort to pzovide sufficient fleet
for the iverview Corridor Busway Project.
-- 2 --
Draft 12/31/Ol-City
b t - 1'�Lt,
14. The Council, and the City have now reached agreement on the scope of work and budget
allocation of funds for the engineering, design and construction of the Riverview Corridor
Busway Project and have deterxnined that it is in their mutual best interests and in the
interests of the public to set forth their agreement in a Joint Powers Agreement for the
Riverview Comdor Busway Project pursuant to their powers and authority under
Minnesota Statutes Chapters 473, , , Minnesota Statutes § 1.59
and other applicable statutes.
15. The parties have passed Resolutions or taken other action listed as follows thorizing
their officials to execute this Joint Powers Agreement beriveen and amo the Parties
which contains the following terms and conditions with respect to the gineerin„ design
and construction of the Riverview Corridor Busway Project.
Resolutions
Council
Date Passed
12/12/Ol
No.
-502
City
Now, therefore, for mutual valuable cor
by the parties, the Council and the City
n, the sufficiency of which has been agreed to
foilows:
I.
Purpose
The putpose of this Agreement is
and issues with respect to the eng
Busway Pro}ect. �
forth the agreements made between the parties on topics
ig design and construction of the Ricerview Comdor
II.
Station Area Pianning
A. Definition. For p oses of this Agreement, Station area planning ("Station Area Plauning"
consists of the f lowing elements:
(1) Develo ment and implementation of a public participation process consistin�
of establishment of three Station Area Advisory Task Forces, i.e. one
St ion Advisory Task Force to be established for each of the following
eas of St. Paul:West Seventh between Shepazd/Davem and Smith;
��
Draft 12/31/O1-City
a�-��t�
Downtown; Eastside; and
(2} Development of a master plan for the Riverview Corridor Busway Project
which includes plans for each station area, redevelopment plans,
implementation strategies and appropriate rezoning. Attached hereto and
made a part hereof is Eathibit C, which shows the Council's expected
locations for bus stations along the Riverview Corridor Busway Project.
�
Responsibility. The City shall be responsible for development and
Station Area Planning.
��
The City shall develop and complete Station Area Planning in consult ion with staff of the
Council's Metro Transit Division and the Council's consultant for t �cal assistance.
The City shall ensure that to the greatest extent possible Station ea Advisory Task Forces
established pursuant to Station Area Planning work cooperati ly with the Citizens
Workgroup to facilitate public input on the individual statio areas.
Further, the City shall ensure that the redevelopment
developed pursuant to Station Area Planning for the
includes the bus stations in the locations shown on F�
and implementation strategies
�ie�v Corridor Busway Project
C and that the existing zoning or
rezoning done by the City with respect to the Riv iew Corridor Busway Project is
appropriate for the Council's bus stations in the ocations shown on Exhibit C.
III
Land A uisition
A. Definition. For purposes of this Agree ent, land acquisition ("Land Acquisition") is the
purchase by negotiation or condemn on, of land pazcels at Riverview Corridor Busway
Project sites identified by the City d Council for future transit-oriented development.
Land Acquisition includes the pur ase price or condemnation commissioners' award
("Purchase Price") and assoc
appraisals, title work, relocat
investigation and cleanup, if
closings, document
costs ("Acquisition
Acquisition pl showing the specific parcels to be acquired.
�te acquisition costs including but not limited to real estate
�, demolition of existing building, environmental
�ecessary, acquisition of the pazcels including negotiations,
and other associated closing procedures and condemnation
As of the date of this greement, the City and Council have identified the properties shown
on Exhibit D attache hereto and made a part hereof as property tentaticely to be acquired
for the Riverview orridor Busway Project. Prior Io the start actual acquisition of any
parcel, the City 11 submit to the Council for the Council's review and approval a Land
-- 4 --
Draft 12/31/O1-City
Ot-t�l�
B. Responsibilitv. (1) The City shall be responsible for Land Acquisition. The City may
utilize the services of the Housing and Redevelopment Authority in and for the City of St.
Paul to accomplish Land Acquisition. The City may subdivide the parcels which have been
acquired as Land Acquisition. With respect to the parcels or portions thereof acquired by
the City as Land Acquisition which the Council in its sole discretion has determined ar
necessary for conshuction, operation and maintenance by the Council of the bus fa � ities
in the locations shown on E�ibit C, the City shall convey to the Council marke le fee
title or such other real properry interest as agreed to by the parties to the Co il to those
parcels or portions thereof free of interests, liens, or encumbrances which e Council
determines will interfere with consriuction, operation or maintenance o the CounciPs bus
facilities. The determination as to the type ofproperty interest to be onveyed to the
Councill be agreed to by the parties for each pazcel or tract acquir d by the City.
With respect to those parcels or portions thereof on which
property interest to be conveyed by the City to the Counci
easement, prior to conveyance to the Council of the real�
thereof necessary for construction, maintenance and
provided in this Section III ofthis Agreement, the C
recommended in the Phase I, a Phase II environm�hl
either: �
have agreed that the
fee title or a permanent
:rty interests sites or portions
i of the Council's facilities as
will have completed a Phase I and if
investi�ation on the sites and will
a. Certify that no hazardous wastes, po utants or contaminants as those terms are
defined under any federal, State of innesota or local statute, ordinance, code or
regulation has been found on the ites; or
b. If hazardous wastes, pollut s, or contaminants as those terms are defined under
any federal, State of Minn ota or local statute, ordinance, code or regulation have
been found on the site, t City will certify that it has completed the Response
Action Plan approved the applicable regulatory agency and received a no
association letter, no ction/no further action letter and other environmental
regulatory assuranc s goveming the site naming the Council as a beneficiary of all
such environmen 1 regulatory assurances.
The City will rovide to the Council copies of Phase I and Phase II environmental
investigatio , the approved Response Action Plan, and the envuonmental
assurance tters naming the Council as beneficiary prior to transfer of title to and
of titie to the site by the Council.
�2)
With resp ct to those parcels or portions thereof on which the parties have agreed that the
propert interest to be conveyed by the City to the Council is fee title, thiriy days prior to
the da of conveyance of each pazcels or portions thereof, the City shail fumish to
Co cil an abstract of title or a registered property abstract, certified to date to include
-- 5 --
Draft 12/31/O1-City
O�—��l�e
proper seazches covering banlmiptcies, state and federal judgments and liens, and levied
and pending special assessments. The Council shall be allowed ten (10) business days
after receipt of abstract for examination of title and making any objections which shall be
made in writing or deemed waived. If any objection is so made, the City shall have ten
(10) business days from receipt of the Council's written objecrions to notify the Council
of the City's intention to make title marketable within 30 days from the City's recei of
such written objection. If notice is given, the conveyance hereunder required sh be
postponed pending correction of title, but upon correction of title and within n(10) days
after written notice to the Council the parties shall perform this Agreeme according to
its terms. If notice is given but title is not corrected within the time p vided for, the City
will reimburse to Council the Acquisition Costs of the parcel or po on thereof for which
title is not marketable. The Council agrees to accept an owner' itle policy in the full
amount of the conveyance in lieu of an abstract of title if the operty is subject to a
master abstract or if no abstract of title is in the City's pos ssion or control. If the
Council is to receive such policy (1) the title examinatio period shall commence upon
the Council's receipt of a current title insurance co � ment.
(3) The City may for purposes of transit-oriented
Corridor Busway Project either retain or sell �
Land Acquisition pursuant to this Section III
Council in its sole discretion to be not neces
maintenance of the CounciPs bus facilitie�
(4)
(5)
related to the Riverview
h� e parcels or portions thereof acquired as
this Agreement determined by the
uy for construction, operation and
the Riverview Comdor busway Project.
The City will reimburse to the Counci a) the fair market value less reasonable expenses
associated with the sale of the Land cquisition parcels or portions thereof retained or
sold by the City for transit-related evelopment; and (b) the non-Purchase Price
Acquisition Costs associated wit the City's acquisition of the parcel or portions thereof
retained or sold by the City.
For purposes of this Agreem t, the fair market value of the parcels or portions thereof is
either the price at which th City seils the parcel or portion thereof to an independent
buyer in an arms length tr saction or the fair mazket value determined by an independent
fee appraiser whose sel tion is mutually agreed to by the Council and the City,
whichever is higher le s the value of any improvements that may have been provided by
the City.
The City shall m ket and sell the parcels or portions thereof acquired as Land
Acquisition pu uant to this Section III of this Agreement for the purpose of transit-
oriented deve pment related to the Riverview Corridor Busway Project.
The
City
will advance funds to the City for Land Acquisition upon certification by the
City has initiated acquisition of a parcel or parcels by purchase or
n, provided however, that the amount of funds advanced to the City by the
�
Draft 12/31/Ol-City
b�-t,�t�
(6)
��)
�
Council shall be the amount certified by the City to be necessary for acquisition of
individual pazcel or parcels on which the City has commenced acquisition.
The maxunum amount of funds to be advanced by the Council to the City for Land
Acquisition pursuant to this Agreement is $5,300,000 unless otherwise agreed to b}
Parties. �
The City agrees to complete Land Acquisition and reimbursement to e Council
pursuant to this Section III of this Agreement by December 31, 2 4 unless otherwise
agreed to by the parties. In addition, no later than December3 2004, the City will
reimburse to the Council any funds plus accrued interest tha ave been advanced by the
Council to the City for Land Acquisition and remain unsp t on December 31, 2004.
The Council will be responsible for acquisition of the roperiy necessary for construction
of the transit hub at Maplewood as shown on Exhib� C.
IV.
Road Design and
A. Definition - West 7t Street Roadwav. For
construction of theWest 7"' Street Roadwa
of construction plans, specifications, cost
modification of adjoinin� areas to acco m
West 7t Street between I-35W and D ntc
design and construction contracts, c tract
�
p,tirposes of this A�reement, road design and
/("We`st 7"' Street Roadway") is the prepazation
stimates for ali roadway improvements and
odate the Riverview Corridor Busway Project on
�wn St. Paul, , advertisement and award of
administration, and construction inspection.
The City shall be resp sible for completion of the West 7"' Street Roadway of the
Riverview Corridor sway Project. The parties agree that the West 7` Street
Roadway design an construction will be done in stages.
During the desi of a stage of the West 7` Street Roadway, the City shall
incorporate int construction plans, design and engineering elements provided to
the City by Council associated with Riverview Corridor Busway station needs,
including b t not lnnited to the following design elements: relocation of utility
manholes ight bases, curbs, drainage changes, fences and other obshuctions
2.
around s�'ation areas.
3. Pnor o start of conshuction of a stage, the City shall submit to the Council for
Co cil's review and approval the final construction documents which will include
p s, specifications and a proposed construction schedule for the Riverview
-- 7 --
Draft 12/31/Ol-City
�l-171�
Comdor Busway Project to the greatest extent possible. The proposed construction
schedule shall be in compliance with Exhibit F attached hereto and made a part hereof.
4. The City shall advertise for bids for construction of the West 7�' Street Roadway,
receive and open bids pursuant to said advertisement and enter into a contract wi1
successful bidder, and construct the Riverview Corridor Busway Proj ect in
accordance with the plans and specifications, reviewed and approved by th ow
and designated as the Riverview Corridar Busway Project. The City's
5.
advertisement for bids and construction of the Riverview Corridor b way Project
shall be in compliance with all applicable provisions of the State ppropriation,
Minnesota state law, and regulations, including but not limite o compliance with
prevailing wage requirements, applicable federal law and r lations and any
applicable local ordinances, all of which shall be consid ed a part of this
Agreement as though fully set forth herein.
The City will administer the contract and insoec,rthe construction of the contract
work for the West 7"' Street Roadway. The �/ork included in the West 7`� Street
Roadway may be inspected periodically b the Council's authorized representative,
but the CounciPs authorized representa �ve will not have responsibility for the
un 1 reasonably determines the work included in
been constructed substantially in accordance
he Council through its authorized representative
such defects. The City shall require its
, and/or meet the requirements requested by the
Council through its autho ' ed representative. All work included in the West 7`"
Street Roadway shall b erformed in substantial accordance with the construction
documents approved the CounciL The City will inform the Council in writing of
completion of const ction of West 7` Street Roadway. Within a reasonable time
thereafter, the Co cil will inform the City in writing either that the West 7"' Street
Roadway as con ructed conforms to the construction documents approved by the
Council or that he West 7"' Street Roadway does not conform to the approved
construction ocuments. The Council will further inform the City of the specific
reasons for on-conformance to the construction documents and what steps, in the
opinion o the Council, must be taken by the City to make the West 7`'' Street
Roadw conform to the construction documents. The finai decision on
confo ance of the West 7t Street Roadway to the construction documents will be
mad by the Council. Evidence of the Council's decision that the West 7`'` Street
Ro dway conforms to the construction documents approved by the Council will be
i writing by letter from the Council's General Mana�er of Metro Transit. The
Council will not unreasonably withhold acceptance of the West 7`" Street Roadway.
If the Council has informed the City that the West 7`� Street Roadway not conform
to the construction documents in accordance with this Paragraph IV, the City will
take the steps necessary to make the West 7`" Street Roadway conform to the
supervision of the work. If the (
the West 7"' Street Roadway has
with the construction dc
shall inform the City in
Contractor to make the
�
Draft 12/31/O1-City
construction documents.
6. The City will submit any amendments to or material changes in the approved West
7t Street Roadway final construction documents, including the construction
schedule, to the Council for review and approval, which review and approval
approval will not be unreasonably withheld and will be provided to City in a ti 1}
manner. Such amendments to the approved final construction documents or
changes in the construction schedute must be submitted to the Council' authorizet
representative at least thirty (30) days prior to the implementation o uch change.
The City agrees that it will not proceed with amendment to or ch ges in the
approved final construction documents or construction schedul of the West 7"'
Street Roadway until the Council has consented to such cha e in accordance with
its procedures and has approved such change in writing as videnced by letter to the
City from the Council's authorized representative.
C. Maintenance and Operation -West 7` Street Roadway. Ex ept for those real property
interests conveyed to the Council pursuant to Section II f this Agreement and the bus
facilities installed by the Councii, the City will own, o erate and maintain the West 7"'
Street Roadway.
6i-�a 1�
D. . Definition - Phalen Roadwav._ For purposes o his Agreement, road design and __ ______ .
constnxction of the Phalen Roadway ("Phale oadway") is the prepazation of construction
plans, specifications, cost estimates for all adway improvements and modification of
adjoining areas to accommodate the Riv iew Comdor Busway Project in the future
Phalen Corridor between Arcade Stree and 7ohnson Parkway as shown on Exhibit Al
attached hereto, advertisement and a ard of design and construction contracts, contract
administration and construction in ection. The Phalen Roadway will form an inte�ral
portion of the Riverview Corrido .
E. Res onsibilit - Phalen Roa va . The City shall be responsible for the completion of the
Phalen Roadway and upon ompletion of construction, the Phalen Roadway will become a
portion of the Riverview orridor Busway Proj ect to be used by Council buses traveling
within the Busway Proj ct. Prior to start of construction of the Phalen Roadway, the City
shall submit to the Co ncil for the Council's review and approval, the final construction
documents which w' include plans, specifications, and a proposed construction schedule
for the Phalen Roa way. The the greatest extent possible, the proposed construction
schedule shall be n compliance with Exhibit F attached hereto and made a part hereof.
F. Maintenance d O eration - Phalen Roadwa . The City will own, operate and maintain
the Phalen oadway.
�
Dra812/31/Ol-City
b t -l� tio
A. Definition. For purposes of this Agreement, signalization "Signalization" means the design
and implementation of modificarions to existing si�al systems on the Riverview Corridor
Busway Project to provide preference for transit vehicles.
V.
Signalization
B. Responsibilitv.
2.
The City shall have responsibility to design, construct and � plement Signalization
and will utilize consultant expertise as needed. The Ci s design, installation and
implementation of Signalization shall be in compli ce with all applicable
provisions of the State Appropriation, Minnesot tate law and regulations,
including but not limited to compliance with p evailing wage requirements,
applicable federal law and regulations and y applicable local ordinances, all of
which shall be considered to be a part of is Agreement as though fully set forth herein.
During the design stage of Sign�
installation documents elements
Signalization needs.
the City shall incorporate into the final
to the City by the Council associated with
3. The City will submit plans and
review and approval by the C
the final Signalization plans�n
pecifications for Signalizarion to the Council for
iciPs Metro Transit Division and shall include in
specifications items required by the Council.
4. The City will administer e contract and inspect the installation of the contract
work for the Signalizati . The work included in the Signalization may be
inspected periodically y the Council's authorized representative, but the Council's
authorized represent ive will not have responsibility for the supervision of the
work. If the Counc' reasonably determines the work included in the Signalization
has not been insta ed substantially in accordance with the construction documents,
the Council thro gh its authorized representative shall inform the City in writing of
such defects. e City shall require its Contractor to make the corrections and/or
meet the requ ements requested by the Council through its authorized
representati e. All work included in the Signalization shall be performed in
substantia accordance with the approved installation docuxnents. The City will
inform t Council in writing of completion of construction of Signalization.
Within reasonable time thereafter, the Council will inform the City in writing
either at the Signalization as installed conforms to the installation documents
appr ved by the Council or that the Signalization does not conform to the approved
in allation documents. The Council will further inform the City of the specific
isons for non-conformance to the installation documents and what steps, in the
inion of the Council, must be taken by the City to make the Si�nalization
-- 10 --
at-�a�cp
Draft 12/31/O1-City
5.
conform to the installation documents. The final decision on conformance of
Signalization to the installation documents shall be made by the Councii. Evidence
that Signalization conforms to the installation documents approved by the Council
of the Signalization will be in writing by letter from the Council's General Mana ei
of Metro Transit. Metro Transit will not unreasonably withhold acceptance e
Signalization. If the Council has informed the City that the Signalizati does not
conform to the installation documents in accordance with this Paza ph IV, the
City will take the steps necessary to make the Signalization co rm to the
installation documents.
The City will submit any amendments to or material
Signalization fmal installation documents, includi
Council for review and approval, which approv wi
and will be provided to the City in a timely m er.
approved final instruation documents
must be submitted to the Council's ac
prior to the implementation of such cl
with amendment to or changes in the
installation schedule of the Signaliz
change in accordance with its proc i
as evidenced by letter to the City or.
S.14anges in the approved
the installation schedule, to the
1 not be unreasonably withheld
Such amendments to the
in the construction schedule
hor' ed representative at least thirty (30) days
e. The City a�rees that it will not proceed
proved final instaliation documents or
m until the Council has consented to such
�es and has approved such change in writing
the Council's authorized representative.
C. Sienalization. The City shall own, op ate and maintain Signalization. Prior to completion
of Signalization by the City, the part� s will enter into an operation agreement which will
address how the City will operate S�gnalization, require the City to coordinate with the
Council in operation of Signalizat� n, and provide that the City may not significantly
modify its operation of Signaliza on without the Council's approval.
VI.
EIS an Preliminary Design of Interchanges
Definition. For purposes of t is Agreement, Federal Highway EIS and preliminary design of
interchanges ("Federal Hi ay EIS and Preliminary Design of Interchanges") means the
prepazation of an Enviro ental Impact Statement ("EIS") and related preliminary design for the
proposed modifications the interchanges at Shepard Road at I-35E and Shepard Road at THS.
Responsibility. The ity shall be responsible for being the lead agency in the EIS and
Preliminary Design f Interchanges process together witl� participation of Ramsey County and
MrrDOT as requir d by their responsibilities for the interchanges and together with the Federal
Hiahway Admi 'stration as the lead federal agency.
-- 11--
o�-�� ��
Draft 12/31/Ol-City
VII.
Station Design and Construction
Definition. For purposes of this Agreement station design and construction ("S
Construction") means the prepazation of preliminary and final design plans and
documents and construction for the station sites includin� ITS equipment in e
Corridor Busway Project.
and
Res�onsibilitv. The Council shall be responsible for Station Des' and Construction of each
station site within the Busway, the locations of which sites aze own on Exhibit C to this
Agreement. As more fully provided in Section III, Pazagrap 3, of this Agreement, the Council
shall review and approve Road Design and Construction t ensure that sireet improvements
accommodate the Station Design and Construction at ea station location.
VIII� Board Fare Co ection System
Definition. For purposes of this Agreement, off
Collection System") means a self-service proof�
machines ("TVMs") and validators which are�io�
Responsibility. The Council will be
Collection System.
�ard faze collection system ("Off Board Fare
payment system using ticket vending
ted on the station platforms.
for implementation of the Off Board Fare
IX.
Service Plan
Definition. Far purposes of this A eement, service plan ("Service Plan") means a plan which
provides for frequency of limited top bus operations and bus stop locations from downtown St.
Paul to the Mall of America d� g the interim stage of implementation of the Rivervie�v
Comdor Busway Project and om Maplewood Mall to Mall of America durin� the final stage of
the Busway Project.
Responsibilitv. The
each stage of the Ri�
individually and coo
low-platform buses �
incorporation of th�'
o il shall develop the Service Plan during design and construction of
v' w Corridor Busway Project. The City and the Council will
° atively pursue funding to support the acquisition by the Council of new
seve the Riverview Comdor Busway Project and to support the
test bus technology that minimizes noise and air qualitt� impacts.
-- 12 —
d �.. �'� L�
Draft 12/31/Ol-City
X.
Public Art
Definition. For purposes of this Agreement public art ("Public Art" means the art commissioned
for and installed in the Riverview Corridor Busway Project.
Responsibilitv: The Council shall be responsible for Public Art.
XI.
Traffic Studies
Defmition. For purposes of this Agreement, traffic studies ("Traffic Stu es") means studies to
identify the projected level of service and the need for diamond lanes r the Riverview Corridor
Busway Project.
Responsibilitv. The Council has the responsibility to perform affic Studies.
Future Traffic Studies. If the Council and the City determi e the need for future traffic studies,
The City and the Council will jointly determine the subj t matter, scope and responsibility for
such traffic studies.
Financial
�
Estimated Bud¢ets. The parties �
listed in Sections II through X of
Section of
This Agreement
II
III
III
IV
IV
V
VI
VII
VIII
VII
VII, I
X�
Land
Land
Road
Road
Payment
�that the bud�et estimates for each of the items
Agreement aze as follows:
Area Planning
tion (Maplewood Hub)
and Construction
and Construction (Phalen)
E and Preliminary Design of
Interchanges
Station Design and Construction
Off Board Faze Collection System
ITS System
Planning, Design, Public Involvement
Public Art
Responsibilitv
City
City
Council
City
City
City
City
Council
Council
Council
Council
Council
Budeet
150,000
5,300,000
2,200,000
12,000,000
2,000,000
1,000,000
1,000,000
9,500,000
4,500,000
1,500,000
3,000,000
450,000
--13 --
Ot-t�l(
Draft 12/31/Ol-City
None Specific Staff and Contingency
Council
TOTAL
The above items and associated budget estimates are more fully described in
attached hereto and made a part hereof.
3,500,000
$46,100,000
The budget estimates attached as E�ibit E include work completed or c ently
underway by City staff and City's consultant as of the date of this A eement.
B. Reimbursement b the Council. As further provided in this Se iAn XII and subj ect to
Section XN, Pazagraph E of this agreement, the Council sh reimburse the City for the
items listed above in Section XII.A. as the City's respons' ility based upon the
calculations for the costs for each item as shown above d in Exhibit E attached hereto.
The Council has no obligation to reimburse the City for or make any payments to the City
for any work or items except those items listed ab ve in this Paragraph XII.A.
Unless otherwise agreed to by the parties b�tten amendment to this Agreement, the
maximum reimbursement by the Council to e City for each line item shali be the
amount stated under the Budget amount in ection XII.A.
The parties further agree that the budge for each item shown above in Section XII.A and
in Exhibit E are estimates of the bud t and that the unit prices set forth in each of the
City's contracts and final quantities s measured by the Council shall govern in
computing the final costs for each � em for purposes of reimbursement.
In the event, the City determin s the need to amend its contract(s) with a supplemental
agreement or change arder in ccordance with Section IV, V of this Agreement which
results in an increase in the ntract amount, the estimated cost for the item to be
performed under the contr t, Council agrees to reimburse to the City the increased
amount as documented i the supplemental agreement or change arder in accordance with
the terms of this Agreeyfien
:�
In no event shall th Council's obligation to reimburse the City for the items listed in
Section XII.A. as e responsibility of the City exceed $21,450,000.
Terms of Pa nt. Except for (a) the specific provisions of this subparagraph with
respect to th est 7"' Street Roadway and the Phalen Roadway and (b) the provisions in
Section III f this Agreement with respect to Land Acquisition and (c) Signalization,
payment ill be made by the Council promptly after City presentation of invoices for
service performed and acceptance of such services by the Council's authorized a�ent.
shall be submitted with the following information: a project number to be
-- 14 --
o�-�� i�
Draft 12/31/O1-City
supplied by the Council; a sequential invoice number; the filing address, if different from
the business address; a description and supporting documentation of the work performed;
the total request for funds; and an ori�inal documentation of the �vork performed; the total
request for funds; and an original signature by the City's authorized a�ent.
Reimbursement shall be made by the Council not to exceed each invoiced nt within
thirty (30) days after the City presents the Council with the invoices fo i�ible costs
incurred under the scope of work identified above.
With respect to the West 7"' Street Roadway design, the C cil will reimbursr the City
for design services as accrued and billed every 30 day p to a maximum billed every 30
days up to a maximum of 14% of the estimated roa ay construction costs until the time
a West 7"' Street Roadway construction contract ' awarded. The Council will reimburse
the City for additional design and inspection s ices as accrued by the City after the
West 7` Street Roadway construction contr t award up to a maximum of 25% of final
construction contract awazd - i.e. the
day basis for design services prior a�
contract plus reimbursement on a 30
construction award design and inspe
construction contract award for the/�
ursement by the Council to the City of a 30
of the West 7` Street Roadway construction
basis by the Council to the City for post-
services shall not exceed 25% of the
7"' Street Roadway.
With respect to the West 7"' Str et Roadway construction contracts, upon the City's
request and submission to the ouncil of certification that the City has awarded the
contract for construction of e West 7` Street Roadway and will issue the notice to
proceed for Road Design d Construction within 30 days, the Council will advance to
the City an amount not t exceed 25% of the construction cost in the awarded contract for
construction of the We�f 7` Street Roadway.
With respect to the alen Roadway, upon the City's request and submission to the
Council by the Ci that the City has obtained the necessary funds for and consequently
will proceed wit construction of the Phalen Roadway, the Council w�ill pay to the City
$2,000,000 eith r as an advance toward construction of the Phalen Roadway or as
reimburseme for design services already performed by the City for the Phalen Roadway.
With respe t to Signalization, upon the City's request and submission to the Council of
certificaf n that the City has awarded the contract for installation of Signalization and
will iss e the notice to proceed for Signalization within 30 days, the Council will advance
to the ity an amount not to exceed 25% of the installation cost in the awarded contract
for i stallation of Signalization.
th respect to the Phalen Roadway, upon the City's request and submission to the
ouncil of certification that the City has awarded the contract for desi�n of the Phalen
Roadway, the Council will advance to the City an amount not to exceed 25% of the
design costs in the awarded contract for the Phalen Roadway.
-- 15 --
O(-1���
Draft 12/31/Ol-City
In addition, upon the City's request and submission to the Council of certification that the
City has a�varded the contract for construction of the Phalen Roadway and will issue the
notice to proceed for construction of the Phalen Roadway within 30 days, the Councill
will advance to the City an amount not to exceed 2�% of the construction cost in th�
awazded contract for construction of the Phalen Roadway.
In no event shall the advancement of funds for or reimbursement for the P en Roadway
by the Council exceed $2,000,000.
Conditions of Pavment. All services provided by the City purs t to this Agreement
shall be performed to the satisfaction of the Council, as dete med at the sole discretion
of the Council's authorized agent, and in accordance with applicable federal and state
laws including but not limited to Minnesota Laws, Cha ers 479 and 492, and applicable
local ordinances. If the City, its contractors, or subco actors submit work which is not
acceptable to the Council, the Council shali state w' particularity in what respect the
work submitted is unacceptable, and the City, its ontractors and subcontractors shall be
given a reasonable opporhznity to correct any o �ections by the Council. If, after
reasonable corrective efforts by the City, the ouncil remains unsatisfied with the work,
or concludes that the work was performed i violation of federal or state law, the City
shall not receive payment for such work , if the City has been advanced funds for the _
work pursuant to this Agreement, shall imburse to the Council such advanced funds..
D. Items to be Paid. Subject to the p
A�reement, the Council shall pay
of this Agreement as the responsy
E.
sions of Section XIV, Paragraph E of this
the items listed in Section XII
of the Council.
The parties agree that as of the date of this Agreement,
the funding for the Rivervie Corridor Busway Project is from State Appropriations
which are appropriations $25,000,000 in fiscal year 2001 and $19,000,000 in fiscal
year 2002 to the Counci for public improvements of capital nature for engineering,
design and constructio of an exclusive bus transitway including but not limited to,
acquisition of land right-of-way and an appropriation of 52,100,000 to the Council
for engineering, de gn and construction of bus transitways.
The parties agre that if the amount of State Appropriations to the Council as stated
above in this p agraph - i.e.the amount of $46,100,000 decreases for any reasons, this
Agreement s all terminate unless within 60 days of written notification by the Council to
the City of uch decrease, the parties have executed a written amendment to this
Agreeme which specifically provides for the items to be completed in light of the
decreas appropriations, and the estimated costs and responsibilities for those items.
of this Agreement due to decrease in the amount of State
'�.�
o�_i���
Draft 12/31/Ol-City
Appropriations, the Council has no fiuther obligations under this Agreement except for
reunbursement of costs incurred by the City pursuant to this Agreement prior to
termination. The City agrees to include in any contracts which the City will pay with
funds provided by the Council under this Agreement, a termination clause which allows
the City to terminate the contract with or without cause on 30 days notice.
If the Minnesota Legislature rescinds the State Appropriations in total or the State
Appropriations are rescinded in total for any reason, this Agreement will terminate.
Upon termination of this Agreement due to rescission of State Appropriations, the
Council has no further obligations under this Agreement.
F. Authorized Agents. The Council's authorized agent for the purpose of a inistration of
this Agreement is Gary Orlich, Project Manager, Metro Transit, 560 Si Avenue North,
Minneapolis, MN 55411-4398, (612) 349-7465, or his successor. S agent shall have
final authority for acceptance of the City's services and if such se ices are accepted as
satisfactory, shall so certify on each invoice submitted. The Ci s authorized agents for
the purpose of administration of this Agreement aze the Dep ent of Economic
Development Director or his designee and the Public Wor Department Director or his
designee at City Hall Annex, 25 West Fourth Street, St. aal, MN 55102, (651) 266-
6576.
XIII.
Schedule
The parties agree fhat the items lisYed in Section�throu�h XI of this Agreement shall be
completed in accordance with the schedule atta ed hereto and made a part hereof as E�ibit F.
listed as the Cit 's res onsibili under P a a h XII.A. of this Aereement. The City agrees
that all items listed as the responsibilit of the City in Saction XII of this Agreement shall be
completed no later than December 3 2004 and that the Council has no obligation to reimburse
the City for any items which have t be substantially completed by December 31, 2004.
Further the City agrees to reimbu e to the Council on December 31, 2004, any and all funds
which have been advanced to t City by the Council pursuant to this Agreement for items for
which the City is responsible d which have not been substantially completed by December 31,
2004.
XIV
General Provisions
A. Term of Ae ement. This Agreement shall be effective on December 31, 2001, or upon
execution f this Agreement by the parties, whichever is eazlier, and shall remain in effect
-- 17 --
a �-�3L(
Draft 12/31/Ol-City
f:�
C.
�
until December 31, 2004 unless otherwise agreed to by the parties_
Cancellation. The Council mav cancel this A�reement, with cause upon 60 days written
notice to the Citv.
Insurance. Each pariy agrees that it will be responsible for its own acts, errors, and
omissions and the results thereof to the extent authorized by law, and shall not be
responsible for the acts of the other party and the results thereof. The City and the
CounciPs liability is governed by the provisions of Minnesota Statutes, C apter 466. The
City and the Council each warrant that each party is able to comply wi the
aforementioned indemnity requirements through an insurance or sel msurance program
and have minimum coverage consistent with the liability limit � tained in Minnesota
Statutes, Chapter 466.
Emplovees. All employees of each party and all persons �aged by each Party in the
performance of any work or services required or provid d for herein to be performed by
each party shall not be considered employees of any her party and that any and all
claims that may or might arise under the Workers' ompensation Act or the
Unemployment Compensation Act of the State Minnesota on behalf of said employees
while so engaged, and any and all claims ma by any third parties as a consequence of
any act or omission on the part of said emp yees while so en'aged, on any of the work
or services provided to be rendered herei , shall in no way be the obligation or
responsibility of any other party.
E. Apolicable Provisions of Law.
and requirements of the State ,
the appropriation must be sper
regulations including but no :
federal law and regulation an�
considered a part of this gree
F
CC�
shall to comply ���ith applicable provisions
is to the Council including the provision that
, Minnesota state law, and
nited to compliance with pre� ailing wage requirements,
of any applicable local ordinances all of which shall be
ient as though fully set forth herein.
No Discrimination. T e City agrees to comply with all applicable la�cs relating to non-
discrimination and firmative action. In particular, the City agrees not to discriminate
against any emplo ee or applicant for employment because of race, color, creed, religion,
six, sexual orient tion, marital status, status with regard to public assistance, membership
or activity in a cal rights commission, disability, age, or national oriain, and further
agrees to take ffirmative action so that applicants and employees aze treated equally with
respect to all spects of employement and compensation. The City agees to comply with
Minnesota tatutes section 363.03, subdivision 4, regarding non-discrunination in the
provision f public services, in undertaking the Busway Project.
ata. The City agrees that the reports and any new information that is de�•eloped
assistance of reimbursement by the Council pursuant to this ��reement is in the
�E:�
O l - �� c.�
Draft 12/31/Ol-City
public domain and may not be copyrighted. The City shall comply with the Minnesota
Government Data Practices Act, Minnesota Statutes chapter 13, in administering data
under this Agreement.
H. Entire A,greement. It is understood and agreed that the entire agreement between the
parties is contained herein and that this Agreement supersedes ail oral a;reements and
negotiations between the parties relating to the subject matter hereof. All items referred
to in this Agreement are incorporated or attached and aze deemed to be part of this
Agreement. Any alterations, variations, modifications, or waivers of provisions of the
Agreement shall only be valid when they have been reduced to writing as an�mendmen
to this Agreement signed by the parties hereto. �
I.
Severabilitv. The provisions of this Agreement shall be deemed
this Agreement is rendered void, invalid or unenforceable, such .
the validity and enforceability of the remainder of this Agreem�nt unless the parts which
�y unpair the value of the
iivers by said party of any
by the other party as a
are void, invalid or otherwise unenforceable shall su
entire Agreement with respect to the parties. One or
provision, term, condition or covenant shall not be a
waiver to a subsequent breach of the same by other F
. If any part of
shail not affect
-- 19 --
o�_ �a cc,
Draft 12/31/Ol-City
XV.
Ethics
A. Code of Ethics. The Parties a�ee to maintain a written code or standazds of conduct that
shall govern the performance of its officers, employees, boud members or agents may
neither solicit nor accept gratuities, favors, or anythin� of monetary value from any
present or potential contractor. They may set minimum rules where the financial interest
is not substantial, or the gift is an unsolicited item of nominal intrinsic v ue. This code
or standazds shall also prohibit the Parties' officers, employees, boar members or agents
from using their positions for a purpose that constitutes or presen the appearance of
personal or organizational conflict of interest or personal gain. As permitted by State or
local law or regulations, the code of standazds shall include enalties, sanctions, or other
disciplinary actions for violations by the Parties officers, mployees, board members or
agents, or by contractors.
B. Personal Conflicts of Interest. The Parties code or andards of conduct shall prohibit
their employees, officers, and board members fro participating in the selection, awazd,
or administration of a third party contract if a re 1 or apparent conflict of interest would
be involved. Such a conflict would arise whe any of the following parties has a
financial or other interest in the entity select d for award: (a) an employee, officer, board
member or agent (b) any member of his or er immediate family; (c) his or her partner;
or (d) an organization that employs, or in nds to employ, any of the above.
C. Or¢anizational Conflicts of Interest. e Parties code or standards of conduct must
include procedures for identifying a d preventing real and appazent organizational
conflicts of interest. An or¢anizat' nal conflict of interest exists when the nature of the
work to be performed under a pr osed third party contract or may, without some
restrictions on future activities, esult in an unfair competitive advantage to the third party
contractor or impair its objecf ity in performing the contract work.
D. Debannent and Sus ensio . The Parties agree to comply, and assures the compliance of
each third party contract and at any tier, with Esecutive Orders Nos. 12549 and 12689,
"Debarment and Suspe sion," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government-Wide barment and Suspension (Non-procurement)," ���ithin 49 C.F.R.
Part 29.
XVI.
andAvailability of Records Requirements
A. Document ion of Pro'ect Costs. All costs charged to the Busway Project must be
supporte by proper documentation, including properly executed payrolls, time records,
invoice , contracts, or vouchers, evidencing the nature and propriety of the charges.
-- 20 --
01 -ta«
Draft 12;31/Ol-City
B. Accounts and Records. The ctiy agrees to establish and maintain accurate, detailed, and
complete separate accounts and records relating to the receipt and expendihue of all costs
submitted to the Council for reimbursement including all project documents, financial
records, supporting documentation, and the properiy records. These project accounts and
records shall be retained intact the the County for at lease six (6) years following the end
of the term of this Agreement. These requirements shall survive closeout of the Grant Agreement.
C. Audit. The Parties agree that each Party hereto, the Legislative Auditor, the S e
Auditor, or any of their duly authorized representatives at any time durin ormal
business hours, and as often as they reasonably deem necessary, shall ve access to and
the right to examine, audit, excerpt, and transcribe any books, doc ents, papers, or
records, which are pertinent to the accounting practices and pro dures of the other party
hereto and involve transactions relating to this A,;reement fo a minimum of six (6) yeazs
from the expiration of this Agreement.
IN TESTIMONY WHEREOF, the Parties hereto have
by their respective duly authorized representatives.
CITY OF SAINT PAUL
�
Its
Date
Approved as to Form:
�
Its
Date
this Agreement to be executed
COUNCIL
Approved as to Form:
of the City AttorneyOffice of General Counsel
-- 21--
a�_���
Draft 12/31/O1-City
EXHIBITS
A-- MAP SHOWING LOCATION OF RIVERVIEW CORRIDOR
Al - MAP OF PHALEN CORRIDOR
B-- SCOPE OF WORK AND BUDGET
C-- MAP SHOWiNG EXPECTED LOCATIONS OF BUS STATIONS ALONG
RIVERVIEW CORRIDOR BUSWAY PROJECT.
D-- MAP SHOWING EXPECTED ACQUISITIONS OF PROPERTY
RIVERVIEW CORRIDOR BUSWAY PROJECT ,
E -- COST ESTIMATES
F -- SCHEDULE
, ,.,�
Exti,ti,1 �!
a
�
y
r
�
-- --°-� - -= ' - ` �
i: �
s :• r �-,�- ;' ,�,_ '
�' � , '
F I g • '.�'_ :.. �:� �. i ; ....
_ �.'.. c .
' ¢ ��� ...� • ' .:��---...
o �����
�� � �' �: �/� Y
�CY � � N . �/� �
•y .. o; �y
y �.
.' _ ' "!'. a � � j. w
� � � �r
_ _. _ . ,
.� .
=� = �: � .'- .�,i > �, � �:.' � J '�- -' �
(� o B �,'� � _ _ -- y��. ' 5 - - — E
.. _ . __.. r � o
����' 1� '..� ,^I, y � _ - u � - �� � r _ w ��i
� �' � : : .:... n
.
• _ "N - •_ �. �"_'. - : t�V�; i .-h � > �R O C
.
, _ . w
. ::�� . ��+ �
_... _. .
� _ $�: � m 6 �� � . .` � I V O
J . Y �
, ': q 5 �
. " _"._-.:-. ...`(_;.. . �. . �, � 7G
� n A+-4 " � �' � (�. o
° �° � � O f , U
. a`'- � o y .�.,'.:.�. ^/` '` a.� ac�
3 .'�''. r` — �. - �.l - i� - —� a � '
" . 4 �__ . ";��I� :.... ' .i .! a � `• a
�. , �' � � j , } 't C°) b= `: � °� >
� , . _ __ _ : CCJ � ' � �;� � . x�:,. ` .,; - � -; " � . < �_, .
.l�=.:..�_ .. � � n:— .:-�'� = rU �' : :° �'� .`�`�. �`,
--'�:_': -c - r�~ -- -�° ;� � , .�: m i /
. s �, � ....�; � :: . ; � ..;
��� `�:
� -`- - '� ..:.i ' _...-. . __ F y S � T \ . ~. _ �
; _. �� �. ; :
,
: ..:, �
� � ...d.T.;:. • : .: _.�,... � ! -
� , ,. ' -
-- ' � � - -, - '' - '"" ?.i. ` ` � - :
. .
,
:..__�':...._- 1_
.. �, : _
.
. „_ , �
— , , :_ _ _
.
--::
- .:. ]. . �._.l !,: _ . • .
. _' . .., d � 3
, _ . . �:i.� ' --- n<
- _ _ -�._i- l.,:i;_. � �
�---_. _.. ,
-- � ;- - ,c.� :.- — i r� P_ i ° �
__ __ I J .'� - Q`f..�. . `� � . . '��� `52�� � �U
--- -- , i ' I ' - '' �.: �: ..a� -- � �s LL� _ , �o ,,P 3
— _— _- _-_'- ._ _ ... _ _ +. � .�,•. ��_::::: =� ' � � u --
_ —_ "' __ —v � � � 7. rS a � � b � ; u
_ _—__ ' ' ; �.. . c� �CC ��.' � I �l a� m �c
:.- __ _-_-___._ '.Y U ... '�^ .z,�,� ..5.` 't .-��
� ,-� ......
:. .:
. .-�i --
.., ; .. - - !� - _ _ .».
.
.....: . .. ..:...' , .' , � l . _ " ' '
. ._ . . . ... �' /' ' '. . �^L r . _ .... _ . _ � . " � _' _ �." _' � �