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04-224Council File # V�'1��`_` RESOLUTION Green Sheet # 206153 CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Minnesota Department of Transportation is currently under contract for construction along, and adjacent to, Trunk Highway No. 61 from 600 meters north of Trunk Highway No. 494 to 300 meters north of Carver Avenue, a portion of which is within the corporate limits of the City of Saint Paul, and WHEREAS, upon completion of the contract construction being done under State Project tVo. 8285-79 (T.H. 494=393), the ownership and maintenance of Point Douglas Road reconstructed under the contract construction will be under the jurisdiction of the City of St. Paul, and WHEREAS, the City of St. Paul will provide maintenance of the local roadway, modular block wall, storm sewer, and lighting as defined in the agreement and which are located within the corporate City limits, so THEREFORE BE IT RESOLVED, that the proper City officials be authorized to execute and approve on behalf of the City of Saint Paul, the Minnesota Department of Transportation Maintenance Agreement Number 83190, between the City of Saint Paul and the Minnesota Department of Transportation, a copy of agreement being aitached hereto and incorporated herein by reference. > on go7� mery unTfi e arri� Benanav Helgen Bostrom an�xy Yeas � Approval Recommended by Office of �— Financial Services Director: Adopted by Council: Date Adoption Certified by Council Secretary By: Approved By NJG�abr: Date By: Form BY%� by City Attorney: Mayor � � r a p�- titia PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT' OF TRANSPORTATION MAI23TENANCE AGREEMENT Mn/DOT AGREEMENT NO 83190 S.P. 8285-79 (T.H. 494=393) S.P. 82-638-11 , S.P. 62-618-10 Fed. Proj. HPP-IM-TEA MN 34 (115) The State of Minnesota Degartment o£ Transportation, arid The City of St. Paul Re: City maintenance on Point Douglas Road within the City limits •i_fu'[i]ia�YY (NOne) ESTIMATED AMOUNT RECEIVABLE (NOne) THIS AGF2EEMENT is made and entered into by and between the State of Minnesota, DeparCment of Transportation, hereinafter referred to as the "State" and the City of St. Paul, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 r � � oy=�.� 83190 WHEREAS the State is about to perform grading, surfacing, retaining wall, signing, lighting, storm sewer, water main, signal, and bridge construction and other associated construction upon, along arid adjacent to Trunk Iiighway No, 61 from 600 meters north of Trunk Highway No. 494 to 300 meters north of Carver Avenue within the corporate limits of the City of Newport and City of St. Paul in accordance with State plans, specifications and special provisions designated as State Projects No. 82-638-11 and No. 82-618-10, and as State Project No. 8285-79 (T.H. 494=393} and in the records o£ the Federal Highway Administration as Minnesota Project HPP-IM-TEA_MN 34 (115); and WHEREAS upon completion of the contract construction, the ownership and maintenance of Point Douglas Road reconstructed under the contract construction will be under the City's jurisdiction; and WHEREAS the City has expressed its willingne5s to own and maintain Point Douglas Road as hereinafter set forth; and WHEREAS Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, TFiEItEFORE, MCT'TIIAI,I,Y AGREBD AS FOLLOWS: ARTICLE I- CONSTRUCTION BY TfiE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 8285-79 (T.A. 494=393) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though £ully set forth herein. � f � �-Ztia � 83190 ARTICLE II - MAINTENANCE BY THE CITY Section A. Location Maintenance to be performed by the City under this Agreement shall be for the following items located within the corporate City limits: 1. Point Douglas Road from Bailey Road to the north project limits of Point Douglas Road (Engineer Station 4+560_00)• 2. Those portions of the storm sewex system on Point Douglas Road as Shown on the attached EXHIBIT "SCorm Sewer Maintenance". 3. The modular block wall located on Point Douglas Road from Engineer Station 4+244 to Engineer Station 4+310. 4. The pedestrian lighting facilities located on Bridges No. 62904 and No. 62901 on Bailey Road/Maxwell Avenue. Section B Ownership and Maintenance Responaibilities Upon satisfactory completion of the contract construction to be performed within the corporate City limits under the construction contract, the City wi11 obtain jurisdiction of and provide for the proper maintenance of Point Douglas Road from Bailey Road to the northern project limits of Point Doualas Road and all of the facilities a part thereof, wiChout cost or expense to the State. Maintenance sha11 include, but not be limitied to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activitiies necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits u�Cler the construction contract, the City shall provide for the proper maintenance of those facilities as shown on the attached EXHIBIT "Storm Sewer Maintenance", without cost or expense to the State. 3 f . c�l 83190 Upon satisfactozy completion of the modular block wall construction to be performed within the coxporate City limits undex the construction contract near the intersection of Point Douglas Road and Bailey Ftoad, the City will obtain ownership of and shall provide for the proper maintenance of the modular block wall, without cost or expense to the State. Upon satisfactoxy completion of the pedestrian lighting facilities construction to be performed within the corporate City limits under the construction contract, the City shall become the owner of and provide for the proper maintenance of and keep in repair those facilitie� located on Bridges No. 62900 and No. 62901, without cost or expense to the State. The City shall also provide the necessary electrical energy for their operation, without cost or expense to the State. ARTICLE III - GENERAL PROVISTONS Section A. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer £acilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the. construction contract are shown in a drainage area map, EXHIBTT "Drainage Area", which is on file in the office of the StaCe's Division Hydraulics Unit at Roseville and is made a part hereof by reference with the same force and effect as though £ully set forth herein. Sectioa B. Future R esponsibilities Upon satis£actory completion of the contract construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total 4 . _ . D � 2ti � responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of Point Douglas Road from Bailey Road to tihe northern project limits of Point Douglas Road, the modular block wall located near the intersection of Point Douglas Road and Bailey Road, and the pedestrian lighting located on Bridges No. 62900 and No. 62901 on Maxwell Avenue/Sailey Road, and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Sectioa C Release and Conveyance of Roadways The State shall,.upon satisfactory completion of the Point Douglas Road from Bailey Road to the northern pro;ect limits of Point Douglas Road construction and all o£ the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the City a"Notice of Release" placing that roadway portion under the.jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in.that roadway portion. Upon receipt of that "Notice of Release", the City shall become the road authority responsible for the roadway portion so released. ' Section D. Examination of Booka, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as approgriate, £or a minimum of six years from final payment. Section E. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. _Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts 5 p�{. Lz� 8319� and omissions of others and the results tY.ereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Sectioa F. Agreement Approval Before this Agreement sha11 become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or-his authorized representative. ARTICI,E VI - 1�UTHORIZED AGENT5 fihe State's Authorized Agent for Che purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 692, St. Paul, MN 55155, (651)' 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Al Shetka, City Engineer, or his successor. His current address and phone number are 1000 City Hall Annex, 25 West 4"' Street, St. Paul, MN 55102, (651) 266-8989. 0 . . �.-u-`� ' 83190 IN TESTIMONY WHEREOF the parties have executed this Agzeement by their authorized officers. CTTY OF ST. PAIIL Recowrtended £or approval: By Director o£ Public Works Appzaved as to form and execution: flEpp,RTMENT 'OF TRADISPORTATION Recommended for approval: ay Division Engineer Apprwed: By State Design Engineer By ' Assistant City Attorney � By Ma}ror Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Date By Aate By Date OBFICE OF THE ATTORNFsY GENERAL Approved as to form and execuCion: By Date This Agreement was acknowledged before me this day of , 2002, b} , and (Name) (Name) . the Mayor and of the City of St. Paul. ITitle) Notary Public My Commission Expires 7 Directoi oE Finance and ManagemenC Services 1 �S~¢� �p� ��1 k.-� n� � _ -�7 i] �� PARTMENi/pFFICE/COUNCIL DA7E IMilA7ED NO. Public Works Feb. 2 , 2004 GREEN ,�T Nn � A � NTACTPERSONBPkqNE OOEPARTTAEMDIRECTO O(,y7y�p�ry�l Paul T. Kurtz 266-6203 Nuwee�a wn � arr arroRwEV ❑ aTr c�wc MUSTBEONCIXINCILAOENDABY(DATE} IlfING i"1g�p��qq��pq �FlN.ffiMGT.SEFM DiR. ASAP o"°E" i� - , f � r � (�n+nroa�oanssisra[at7 Qj PaulT.Kurtz Hc�c�-� OTAL30FSM�NPEPAGES l (CLIPALLLOCATqN5WR51GNA7VFh7 uASSOC1AiE �DEPr.ACCOUMAN� ON qEQUESTED prwe the attached Council Resolution authorizing proper C"dy officials to execute an agreement between the City of St. Paul and the innesota Depariment of Transportafion (Maintenance Agreemeni #83190, copy attached} pertaini� to the maintenance of Point Douglas oad wdhin the cnrporate limits of the City of Saint Paul. RECOMMENDA110T1S: Appmve (A) or flejctit (fl) pERSONAL SERVICE COMRACTS MU5T ANSWER THE FOLLOWING QUESTIONS: FLANNINGCOMM155ION ` CINLSEANCECOMMfS510N �_ Has7FtispersoNfirmeverworkeduntleracorYUactforlfrisdeparlmeM? YES NO _dBCOMMITfEE � 2. H251hISpEI50NfiRnEV2fbeEflB Crtl lo � �Y P Y�- x STA - YES NO — 3. Dces this persoNfirm possess a skill rwt no[malry possessed by any current ciry employee4 DisTaiCiCOUria� _ YES NO SUPPOFTS WNICH COUNCIL OBJECTIVE? Explain all yes answers on separete sheet antl attach M green sheet INITIATNG PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY): The Minnesota Department of Transportation currently has a contract to reconstruct Point Douglas Road which is iocated within the corporate limits of St. Paul. Upon completion of the reconstruction, the maintenance of the newly constructed facilities along Point Douglas Road wil{ become the responsibility of the City of St. Pauf. Agreement Number 83190 identifies the terms and conditions of said ma+ntenance activities. ADVANTAGESIFAPPROVED: The Minnesota Department of Transportation will continue with the reconstruction of Point Douglas Road from Bailey Road to the northern project limits under SP 8285-79 (T.H. 494=393). ����8 V �� DISADVANTAGESIFAPPROVED. ' ��� � Q �� None @�6�� t`1� E ��3V�� DISADVANTA6E5IF NOT APPqOVED. � There wouid be no agreement as to who or how Point Dougias Road from Baiiy Road to the northern project fimits would be�maintained. " �a��ir°=.:�� __. �-� �i� � � ��3' OTAL AMOUNT OFTRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES No FUNDING SOURCE ACRVT' NUMBER FINANCIqL INFOAMATION. (EXPIAIN)