249262 �O{tIG�tY�L TO CITY CL6RK . ��R.��:�-1
' CITY OF ST. PAUL couNCa ''� � r
' OFFICE OF THE CITY CLERK F��E NO.
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED B _ ���
COMMISSIONE ATF
RESOLVED, That the proper City officers are hereby
authorized and directed to execute Agreement between the City
of Saint Paul and the State of Minnesota pertaining to the main-
tenance of trunk highways located in the City of Saint Paul
during the fiscal year 1971 and reimbursement to the City for
such maintenance costs, a copy of which Agreement is attached
hereto and incorporated herein by reference.
�FORM APPROV
k �� .
. . Corporat' n _ d �
UN 10 1970
COUNCILMEN Adopted by the Counca 19—
Yeas Nays
Butler �U N 1 � 1970'
Carlson pro 19—
Levine �� Favor
Meredith
Sprafka J Mayor
Tedesco A Sainst
Mr. President, McCarty p�gL.ISHED JUN 1319�
�
� . F . � .
. , 7���
Maintenance Agreement No. 1480-
Maintenance Agreement between the
State of r4innesota and tne
� City of St. Paul
Trunk Highways ia St. Paul �
A G R E E M E N T �
THIS AGREE+�NT, ma.de and entered into by and between the State of biinnesota,
acting by and through its Commissioner of Highways, hereinafter referred to as
the "State", and the City of St. Paul, hereinafter referred to as the "�iunicipality",
WITNESSETH:
{VHEREAS pursuant to Minnesota Session Laws, 1959, Chapter 500 - H.F. No. 38,
Article II, Section 38, the parties desire to enter into an aareement relating -
to the maintenance of trunk highway(s) within the corporate limits of the P�iunic-
ipality upon the terms and conditions hereinafter set forth.
NO111, THEREFORE, THE PARTIES DO AGREE AS FOLLOt9S:
I
The Municipality will during the Fiscal Year of 1971, July 1, 1970 thru
June 30, 1971, maintain those portions of the trunk liighway(s) within the cor- •
porate limits of the Municipality particularly described as follows, to-wit:
Trunk Highway No. S The following 5.24 miles of trunk hig}�way consisting of
23.64 equivalent lane miles, and designated in the :�iinnesota
State Highway Department records as Con�rol Section Rro.
6201; beginz�ing at t�Jheeler Avenue and lti'est Seventh Street;
thence northeast on i9est Seventh Street to Ramsey Street;
thence on Ramsey Street to Sherman Street; thence on Sherman
Street �o Exchange Street; thence on Exchan�e Street to
Kellogg Boulevard; thence on Kellogg Boulevard to 19abasha
Street; and the folloi,ring 1.24 miles of trunk highway
consisting of 5.69 equivalent lane miles, and designated
in the Minnesota State Highway Department records as Control
Section No. 6218; beginning at PJabasha Street and Kelloag
Boul,evard; thence on Kellogg Boulevard to D4ounds Boulevard
. . . . . . . . . . . . . . . . . . 29.33 Equiv. Lane t,4iles
Trunk Highway No. 12 The following 0.20 miles on Eleventh and Twelfth Streets .
� between Jackson and Robert Streets is equivalent to 1.56
lane miles; the following 0.51 miles of trunk highway
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� � �. ,
Trunk Highway No. 12
(Continued) consisting of 2.60 equivalent lane miles, and desi;nated
in the r4innesota State Hi�hway Department records as a
portion of Contrfll Section 6217; beginnin; at Eleventh
Street and Robert Street, thence nor�th and north�vest on
Robert Street to University Avenue; thence on University
Avenue to Rice Street, and tf�e following 5.20 miles of
trunk highway consisting of 39.24 equivalent lane miles,
and designated in the Minnesota State Highway Department
records as Control Section No. 6208; beginning at
University Avenue and Rice Street; th ence west on University
Avenue to the West Municipality Limits. . . . . . . .
. . . . . . . . . . . . . . . . . 43.40 Equiv. Lane b4iles
Trunk Highway No. 49 The following 2.48 miles of trunk highway consisting of
9.82 equivalent lane miles, and designated in the "iinnesota
State Highway Department records as Control Sectian No.
6213; beginni�g at the North b4unicipality Limits and Rice
Street; thence south on Rice S±reet to University Avenue;
and the following 0.85 mile of trunk highway consisting
of 4.87 equivalent lane miles, and designated in tne
Minnesota State Highway Department records as Control
Section No. 6231; beginr_ing at Seventh Street and t9abasha
Street northbound; thence northwest on lAlabasha Street
� to the north frontage road of Interstate 94; thence on
north frontage road to St. Peter Street; also beginning at
Seventh Street and St. Peter S±reet southbound; thence
northwest on St. Peter Street to the north frontage road
of Interstate 94; �thence beginning at St. Peter Street and
- the north frontage road of Interstate 94; thence northwest
� on .the north frontage road of Interstate 94 to Jol�n Ireland
Boulevard; thence north on Rice Street to University Avenue;
and the following 0.52 mile of trunk highway coZSisting
of 2.60 equivalent lane miles, and designa±ed in the
Minflesota State Highway Department records as Control
Section No. 6233; begianing at Ninth Street and Auditorium
Street; thence on Auditorium Street to jVest Seventh Street;
thence on 19est Seventh Street from Auditorium Street to
Ramsey Street; and the follo�ving 1.52 miZes of trunk
highway consisting of 4.32 equivalent lane miles, and
designated in the Minnesota State Highway Department records
as Control Section No. 6223; beginning at lNest Seventh
Street and Smith Avenue; thence on Smith Avenue to the
South Municipality Limits . . . . 21.61 Equiv. Lane Miles
Trunk Highway No. S1 The following 6.11 miles of trunk highway consisting of
32.15 equivalent lane miles, and desi�nated in the �4innesota
State Highway Departmen� recoxds as Control Section Vo.
6215; beginning at North `�[unicipality Limits and Snellin,g
Avenue; thence south on Snelling Avenue to P.tontreal Avenue;
thence east on Montreal Avenue�Lo L'est 5eventh Street
� . . . . . . . . . . . . . . . . 32.15 Equiv. Lane t�4iles
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Trunk Highway No. 52 The following 2.56 miles of trunk highway consistin; of
10.52 equivalent lane miles, and designated in the
Minneso�a State Highway Department records as Control
Section No. 6217; beginning at the South blunicipality
Limits and Robert Street; thence north and northwest
� on Robert Street to llth Street (South Frontage Road �
of T.H. 35E) . . . . . . . . . . . 10.52 Equiv. Lane Miles
Trunk Highway No. 56 The following 0.81 mile of trunk hi�hway consisting of
3.36 equivalent lane miles, and designated in the �4innesota
State Highway Department records as Control Section No.
6219; beginning at the South �unicipality Limits and
Concord Street: thence northwest on Concord Street to
Lafayette Street. . . . . . . . . 3.36 Equiv. Lane Diiles
Trunk Highway No. 61 The following 3.32 miles of trunk highway consisting of
13.88 equivalent lane miles, and designated in the
� Minnesota State Highway Department records as Control
Section No. 6221; beginning at the Junction of Interstate
94 and Alounds Boulevard (near Bates Avenue) ; thence
northwest on �iou�ds Boulevard to East Seventh Street;
thence northeast on East Seventh Street to Arcade Street;
thence north on Arcade Street to North Municipality Limits
. . . . . . . . . . . . . . . . . 13.88 Equiv. Lane tiiiles
Trunk Highway No. 212 The following 3.02 miles of trunk highway consisting of
9.29 equivalent lane miles; and designated in the Minnesota
State Highway Department records as Control Section No.
. 6229; beginning at the East A4unicipality Limits of East
. Minnehaha Avenue; thence west on East ?�iinnehaha Avenue �o
East Seventh Street; thence southwest on East Seventh
Street to Arcade Street; and the following 6.66 miles of
trunk highway consistina of 34.29 equivaleat lane miles,
and designated in the Minnesota State Highway Department
records as Control Section No. 6228; begir.ning at 4lounds
Boulevard and East Seventh Street; thence southwest on East
Seventh Street to Sibley Street; thence west on Sibley
Street to Eighth Street; thence sou±hwest on Ei�hth Street
to Ninth Street; thence west on Ninth Street to Summit
Avenue; thence southwest on Summit Avenue to A4arshall
Avenue; thence west on A4arshall Avenue to the t;iest End
of the I�4ississippi River Bridge; also beginning at Summit
Avenue and Marshall Avenue; thence southwest on Summit
Avenue to Dayton Avenue; thence west on Dayton Avenue
to Victoria Street; tihence north on Victoria Street to
Marshall Avenue; also beginning at the junction of Kellogg
Boulevard, Summit Avenue and Dayton Avenue; thence
southeasterly on Kellogg Boulevard to tVest Fifth Street;
thence southeasterly on Sti'est Fifth Street to 1ti'est Seventh
Street; thence northeasterly on iYest Seventh Street and
� East Seventh Street to Sibley Street. . . . . . . . . �
. . . . . . . . . . . . . . . . . 43.58 Equiv. Lane A4i les
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.�....__...... ._ ,__. ._ .
Trunk Highway No. 13 The following 0.39 mile of trunk hi�hway consisting of
1.04 equivalent lane miles, and designated in the rlinnesota
State Highway Department records as Control Section 'Vo.
1902; beginning at the Junction with Trunk Highway No. 49;
thence westerly 0.39 mile on the South Line of Ramsey
� County . . . . . . . . . . . . . . 1.04 Equiv. Lane P•liles
Grand Total . . . . . . 198.87 Equiv. Lane Miles
II .
The maintenance to be performed by the Municipality on the aforesaid
tr�mk highway(s) shall consist of the following:
(a) Maintain the aforesaid portions of trunk highways(s) so as to keep
the same smooth and in good repair for the passage of traffic and free from all
obstructions and impediments to traffic. This said maintenance shall include
all necessary preventative maintenance to preserve the roadbed in its present
existing condition, including but not limited to proper and timely crack sealing
of the surface, restoration of utility openings, and all necessary patching of
the roadbed.
(b) Keep the aforesaid portions of trunk highway(s) reasonably free a.nd
clear from ice, snow, and debris all months of the year and undertake proper
ice and snow control expeditiously.
(c) Perform all necessary mowing of vegetation within the right of way
limits that may be required on the aforesaid portions of trunk highway(s) to keep
them in a presentable condition.
� (d) Maintain traffic control devices and signals, and place and provide
such roadway markings and lane stripings as may be necessary on the aforesaid
portions of trunk highway(s) , except that the State will place, install and
maintain at all times suitable route markers for the guidance of traffic on
such trunk highway(s) .
(e) Furnish all labor, equipment, materials, supplies, tools, and otlier
items necessary (except those items specifically to be provided for above by
the State) for the performance of all and any of the work provided for in this
agreement.
III
The aforesaid trunk highway(s) shall be jointly inspected periodically,
and at least quarterly, by the District Engineer, or the Area Maintenance Engineer,
or their authorized representative and by the hiunicipality's City Engineer
to review the adequacy of the maintenance work which has been performed.
N
It, however, shall not be the obligation of the Dtunicipality under this .
agreement to do any work which shall consist of extraordinary maintenance,
betterments, construction, or reconstruction. In the event that the State
should desire the MunicipaliLy to do any of such work the parties will enter
into a separate agreement therefor.
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V
All materials used by the Municipality in the performance of the
work hereunder shall conform to the requirements of the Minnesota Department
of Highways Specifications for Highway Construction, dated Januaryl, 1968,
_ as amended by Supplemental Specifications, dated July 1, 1969.
. VI
The State will pay to the Municipality the sum of One Thousand Two Hundred
Fifty Dollars ($1,250.00) per Equivalent Lane r4ile (Equivalent Lane biiles
are equal to the trunk highway width in feet between the curbs times length
of trunk highway in miles divided by a lane width of twelve (12) feet) for
the Fiscal Year of 1971 for the performance of the work and labor and the
furnishing of materials as hereinbefore set forth on the trunk highway(s)
hereinbefore particularly set forth. Fractional miles and fractional months,
if any, will be used in computing the amounts payable under this agreement.
Payments under this agreement shall be made on a quarterly basis and
as soon after respective dates of October 1, January 1, April 1 and July 1
as may be possible, upon the submission by the Municipality to the State
of a detailed cost analysis listing all labor, materials and ec{uipment used
during the quarter and a certificate in triplicate, approved by the Area
Maintenance Engineer of the State, certifying that all work has been done
during the pexiod for which payment is to be made, in full conformity with
this agreement.
VII
�'he bfunicipality may partially block said highway(s) within its corporate
-limits at such times as it becomes necessary for the performance of the services
under this agreement, and in cases of emergency, where it is required, such highway(s)
may be wholly blocked and the passage of traffic thereon prevented by the Diunicipality.
At no time, however, shall the Municipality contirnxe to obstruct the free passage
of traffic on said highway(s) for a longer period of time than is reasonably required
for making the necessary repairs thereon. The Municipality may also close to travel
such streets at such time as it is necessary for the repair or installation of
water or gas mains, electric or telephone cables, or sewers, but except in extraor-
dinary emergencies, the l�tunicipality shall first give the Commissioner of Highways
ten (10) days ' written notice and obtain a permit before commencing or allowing the
commencement of such installation or repairs. However, the Municipality shall
not cause any portions of said highway(s) which it is to maintain hereunder
to be closed to traffic for any reasons other than those above set forth and
in no event for a time longer than shall be necessary. In the event of the
total blocking or closing of any such trunk highway(s) the Municipality shall
prnvide a suitable detour during such time.
VIII
Upon a change in the routing of said highway(s) , or any substitution
of a new route for any above described, or upon any variation whatsoever from
the present location of said highway(s) by the State, the blunicipality shall •
maintain the new highway(s) in accordance with this agreement during such
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period of substitution, and shall be paid therefor the amount to which it
is entitled in accordance with the terms of this agreement, to be determined
by figuring the lane mileage of the new routes and paying for maintenance
thereof the sum of One Thousand T�ao Hundred Fifty Dollars ($1,250.00)
per Equivalent Lane Mile for such mileage, including fractions thereof, for
the Fiscal Year of 1971 and prorated according to months of use. Should any
portion of the above described highway(s) be relocated by the State, and
the present location revert to the Municipality, tiie Municipality will maintain
that portion at its sole expense.
IX . �
Upon the failure of the blunicipality to perform any of the work named
herein under the terc�s of this agreement, then the Commissioner of Highways may
do and perform such work or cause it to be done and performed, and may retain
fram any moneys then due to the Municipality under this agreement, or thereafter
becoming due, any such amount as is required for the completion of such work,
provided, however, that this paragraph shall not be construed to relinquish any
rights of action which may accrue in behalf of the State as against the Municipality
for any breach of agreement. When the Commissioner of Highways has withdrawn
any payment or payments under the terms of this agreement because of inadequate
maintenance work, and the work is subsequently made adequate by the btunicipality,
then the rfunicipality will be credited with an amount equal to the value of the
completed work based upon the agreed price per mile per year.
X
It is further understood that all persons working on such highway(s) are
employees of the Municipality or of third persons and in no way employed by the
State, provided, however, Lhat this clause shall not apply to persons employed
dire�tly by the Highway Department. All contracts and agreements made by the
Municipality with third parties for the performance of any work to be done under
j this agreement shall be subject to the terms of this agreement and comply with
all State Laws and rec{uirements relating to construction and maintenance contracts,
including the payment of labor rates which are part of the Labor Provisions normally
included in the proposals for such contracts, a copy of whichis attached to this
agreement, and a clause to that effect shall be inserted in all such contracts.
' XI
The parties do further agree, anything to the contrary herein notwithstand-
ing, that the Commissioner of Highways of the State of Minnesota, either in his
individual or official capacity, shall not be personally responsible or liable
in any manner to the Municipality for any claim, demand, action, or causes of
action of any kind or character arising out of or by reason of the execution of
this agreement or the negligent performance and completion of the work and improve-
ments provided for herein or arising out of any contract let by the Municipality for
the performance of any of the work provided for herein.
The Municipality agrees to save harmless the State, its employees, and
its Commissioner of Highways from any and all liability arising aut of any damages
resulting from or claimed to result from the negligence of the Municipality or
its employees, contractors or subcontractors, in the performance of this contract
and the work provided for herein.
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' .
XII
The provisions of M.S. 181.59 and of any applicable local ordinance relating
to Civil Rights and discrir.iination shall be considered a part of this contract as
_ if fully set forth herein.
� XIII
This agreement shall not be construed as a relinquishment by the Commissioner
of Highways of any powers or control he may have over the hereinbefore described
sLreets or highway(s) .
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IN WITNESS WHEREOF the State and the Municipality have caused these
presents to be executed by their respective officers.
Countersigned: , , CITY OF ST. PAUL
. ��--------------��rr------
��ty Comptroller � �� � Mayor
Attest:
��ity C�erk � ��� Coinmissioner of Public Works � �
Approved as to Form and Execution by: Date
��orporation Counsef---------------
,�ORM P_PROV (CORPORATE SEAL)
t �
'Asst. orporatio ou ei
DEPARTMENT OF HIGHWAYS STATE OF MINNESOTA
�
' Recommended for Approval: By _ . �
Deputy�ommissioner o�Hig-hways�
By Date
�District Engineer------�-----� •-�------�--�~--------��-
By Approved:
1�ssistant Commissioner - Maintenance
Approved as to Form and Execution: , COMMISSIONER OF ADMINISTRATION
BY�peciar-IC-.ssisfanf Afforney General BYAut�orizec� Signature --___�
Date
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.o�.,�,n,�.�,� 249��2
• CITY OF ST. PAUL ���� NO
' OFHCE OF THE CITY CLERK p`�
COUNCIL RESOLUTION—GENERAL FORM
PRK9iTED�T
COMMISSIONEQ �A�
�SOLV�D, lhat th� prop�r City oliio�rs sr� h�rsby
antboris�d an� dir�ot�d io ez�cnt� A�reaant b�tM�es ths City
oi Saiat P�nl and the Stat� oi Minn��ota p�rtaiain; to th� �sin*»
t�tisno• o! tra�t hi�hMSy loosted in th� City oi Saint Paul
dnrins tL� ii�osl yesr i971 sud s�i�bursHSat to t�� City tor
anoh �a3ntenance oosts, s oopy o! �rbioh A�s��a�at i� attaah�d
her�to an� inoarporatsd her��a by retereao�.
���.,�.,�� • .._:�,..�..,»
. .,�,
JUN 101970
COUNCILMEN Adopted by the Counc;� 19—
Yea� Nays ;l�N 10 197Q
Butler
Carlson Approved 19�
Levine Tn Favor
Meredith
�ayor
Spl'afka � Aaninat
Tedesco
Mr. Preaident, MeCarty
��
�