04-431Council File # O `���'
Green Sheet # `�
RESOLUTION
PAUL, MINNESOTA 2G
Presented By
Referred to
Committee: Date
1 WHEREAS, Winifred Street between Ada Street and vacated State Street has been
2 vacated to allow construction of the Paul and Shaila Wellstone Center for Community Building
3 and to provide service access to the Wellstone Center and the Dunedin Hi-rise and to provide
4 additional pazking area for Dunedin Hi-rise, and
5 WHEREAS, the right-of-way was divided along the center line at the time of vacation,
6 with the north half reverting to the PHA and the southerly half reverting to the City, and
7 WHEREAS, PHA and the City have agreed to grant cross over easements to each other
8 on their portion of the right-of-way for the purpose of maintaining service access to the Dunedin
9 Hi-Rise and the Paul and Sheila Wellstone Center far Community Building, and
l0 WHEREAS, PHA and the City agree to cooperate and shaze responsibility for routine and
11 capital maintenance of the paved access drive and parking area within the vacated right-of-way.
12 NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby
13 authorized to enter into the attached maintenance agreement necessary to maintain service access
14 to the Paul and Sheila Wellstone Center far Community Building and the Dunedin Hi-rise.
���i� �� �?00�
Requested by Division of Parks and
Recreation � ,y ��
By : A,2n,E
oy- y3/
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenT/o�ceJcouncil: Date Initiated:
pR — ���ax�rioo 06APR-04 � Green Sheet NO: 205605
' ContaCt Person & Phone:
, Ken Wehrle
266-6422
, Must Be on Council Agenda by
� Deoarhnent SentTOPerson InitiaVDate
0 Ic d Recreaao �
ASSign 1 azksandRecrealion � DeoarhnentDirector i�7
Number Z Attorue
For 3 or's Oftice Ma or/Assistant
Routing
Order 4 ��
5 i Clerk Ci Clerk
6 ks and Recreati n K. WeLrl
Total # of Signature Pages �` (Clip NI Locations for Signature)
' Action Requestetl:
��� Approva] of City Council Resolupon authorizing the proper City officials to execute a maintenance agreement with the Public Housing
i Agency of the City of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
A CF 03-1113
�_ Rtaff
convacts nnust answer me
1. Has this persoNfirm ever worked under a contract for this departmeni?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet antl attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
Construction of the Wellstone Center required vacation of Winifred Street between Ada Street and vacated State Street. This created
opportunity to allow additional pazking for Dunenin Hi-Rise and provide permanent service access to the Wellstone Center and the hi-
rise. Shazed access requ'ues regular and capital maintenance.
; Advantages If Approved:
I Regular maintenance and capital mamtenance of service access will be msured with costs equally shared between the City and the
Pubhc Housing Agency.
DisativanWges If Approved:
None
�'�"�?:,`� �s . , —<n�.o
� Disadvantages If Not Approvetl: � ° • • -" "" °'°" "
� Coordination of maintenance of service access will be difficult to accomplish and result in inefficiencies and increased maintenance
i wsts to City. '
Total Amount of
Trensaction:
Funding Source:
CosURevenue Budgetetl: Y
ActivityNumber: nE`+E�VED
APR 0 8 2004
Financia� �nformation: APR � 9 ZODQ B p � g @,�
(ExPlain) �8�� /s��9�lV�6
MAYOR'S OFFICE �°e
OH- y3)
MAINTENANCE AGREEMENT
BETWEEN THE CITY OF SAINT PAUL
AND THE PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL
THIS AGREEMENT, dated this day of , 2004, by and between
the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the
laws of the State of Minnesota, hereinafter referred to as "City"and the Public Housing Agency
of the City of Saint Paul, a public body corporate and politic under the laws of the State of
Minnesota, hereinafter referred to as "PHA".
WITNESSETH:
WHEREAS, Winifred Street between Ada Street and vacated State Street has been
vacated to allow construction of the Paul and Sheila Wellstone Center for Community Building
and to provide additional parking area far Dunedin Hi-rise, and said right-of-way is legally
described in Exhibit "A" attached hereto and made a part of this Agreement, and
WHEREAS, the right-of-way was divided along the center line at the time of vacation,
with the north half reverting to the PHA and the southerly half reverting to the City, and
WHEREAS, PHA and the City have agreed to grant cross over easements to each other
on their portion of the right-of-way far the purpose of maintaining access to the Dunedin Hi-Rise
and the Paul and Sheila Wellstone Center for Community Building, and
WHEREAS, PHA and the City agree to cooperate and share responsibility for routine and
capital maintenance of the paved access drive and parking area within the vacated right-of-way,
as indicated in Exhibit "B" attached to and made a part of this Agreement.
NOW THEREFORE, it is mutually agreed by and between PHA and the City as follows:
MAINTENANCE
1.1 City shall be responsible for providing snow clearing, snow removal
(when necessary), street sweeping and bituminous patching of the paved
access drive and parking area as indicated in Exhibit "B".
1.2 City shall be responsible for clearing snow from paved access drive and
parking area after a two (2) inch snowfall.
1.3 City shall be responsible for sweeping the paved access drive and parking
area four (4) times per year, with sweeping times being approximately
evenly spaced each season from April to October.
Page 1 of 4
04- 431
1.4 City shall be responsible for sanding and salring the paved access drive
and parking azea on an as-needed basis as part of routine sanding and
salring operations for the �ounds maintenance of the Wellstone Center.
1.5 City shall be responsible for performing routine bitumiuous pavement
repair on paved access drive and parking area one (1) time per year.
1.6 PHA shall be responsible for regulating use and parking in the parking
azea such as to allow City to perform snow clearing and street sweeping
operations within the normal Maintenance work schedules of City's Parks
and Recreation Department ("Parks"). Anticipated normal work schedule
for snow removal is 4:00 a.m. to 12:00 p.m. Every effort will be made to
clear snow prior to 8:00 a.m. on week days. Anricipated normal work
schedule for street sweeping is 4:00 a.m. to 12:00 p.m.
1.7 City shall coordinate the schedule for routine bituminous pavement repair
with staff of Dunedin Hi-Rise. Wark shall be done within Park's normal
Maintenance work schedules which is anticipated to be April 1 to
October 31 .
2. COSTS AND PAYMENT
2.1 The cost of snow clearing, snow removal, street sweeping and bituminous
pauement repair shall be determined from the schedule of hourly rates
indicated in Exhibit "C" attached to and made a part of this Agreement.
2.2 City and PHA ag�ee to equally share the annual cost of snow removal,
sweeping and bituminous paving repair. In January of each year, City
shall submit an invoice to PHA for one-half of the annual costs and PHA
shall remit this amount to the Ciry.
23 City and PHA agree that the schedule of hourly rates as indicated in
Exhibit "C" shall be adjusted each year, based on changes in prevailing
wages of applicable City maintenance staff and equipment rental costs.
3. CAPITAL MAINTENANCE
3.1 Capital maintenance of the paved access drive and parking area shall
include such improvements as bituminous seal coating, bituminous
overlay, bituminous replacement, concrete curb repair and replacement,
and storxn sewer/structure repair.
3.2 City and PHA agree to cooperate in determining when capital maintenance
work is necessary. Upon making such determination, the City shall
provide to PHA an estimate for said work for review and approval. Work
sha11 be accomplished by City selfperformance or through normal pubIic
contracting.
Page 2 of 4
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33 The City and PHA agee to equally share all costs associated with the
completion of Capital Maintenance work, including design, engineering
and administrarive costs. Upon complerion of the work, City shall submit
an invoice to PHA for one-half the costs and PHA shall remit this amount
to the City.
4. REVIEW/AMENDMENT
A.1 This Agreement shall be periodically reviewed by the parties and shall be
updated and kept current in contemparary use standazds and terms.
Review may be initiated as needed by the City or PHA giving written
notice to the other party; however, in any event, there shall be a mandatory
review after five (5) years from the date of this Contract first written
above..
4.2 This Agreement may be amended, in writing, from time to time subj ect to
mutual agreement of both parties, and fiirther subject to the review and
approval by legal counsel of both the City and PHA.
5. TERM AND RENEWAL
5.1 City and PHA agree that this Agreement shall be for a term of ten
(10) years, commencing on the date first written above. Should a formal
review as specified in paragraph 4.1 above not take place in the twelve
(12) month period priar to expiration of this Agreement, this Agreement
shall be automatically extended for a period of one (1) year. Following the
extension period, further extensions of this Agreement must be agreed to
in writing by the City's Director of Parks and Recreation and the
appropriate directors of PHA. It is agreed and understood that said
renewals and extensions shall be considered amendments to this
Agreement, as specified in paragraph 4.2 above.
5.2 Either City or PHA may ternunate this Agreement by giving written notice
to the other party three hundred sixty five (365) days prior to termination.
The final termination date may be extended or otherwise modified by
mutual written agreement of both parties. Upon termination of this
Agreement, the City and the PHA shall be responsible far maintenance of
their respective portion of the vacated right-of-way.
Page 3 of 4
v�- y3 �
APPROVAL AS TO FORM CITY OF SAINT PAUL
Assistant City Attomey
By:
Mayor
By:
�
Director of Financial Services
Director of Pazks and Recreation
PUBLIC HOUSING AGENCY OF
THE CITY OF SAINT PAUL
:
�
Finance Director/Controller
Technical Services Director/
Contracting Officer
Page 4 of 4
bN- N31
E�ibit "A"
Legal Description
Parcel 1. That part of Winifred Street lying northwesterly of the northwest right-of-way line
of Ada Street and southeasterly of a line 33.00 feet southeasterly of and parallel to
the southeast right-of-way line of vacated State Street; and also
Pazce12. That certain right-of-way dedicated for cul-de-sac and lying within the following
described line:
Commencing at the most northerly corner of Lot 5, Block 15, Bell's Addition;
thence southeasterly along the northeast line of the said Block 15 a distance of
33.00 feet to the point of beginning; thence continuing southeasterly along the
said northeast line a distance of 52.00 feet; thence southwesterly along a line
perpendiculaz to the said northeast line a distance of 8.00 feet; thence
northwesterly along a line 8.00 feet southwesterly of and parallel to the said
northeast line a distance of 52.00 feet; thence northeasterly along a line
perpendicular to the said northeast line a distance of 8.00 feet to the point of
beginning and there terxninating.
04- �I3 �
EXHIBIT "B"
\ PAVED ACCESS DRIVE �
AND PARKING AREA
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E�ibit "C"
Schedule of Rates
1. Provide sweeping:
Sweeper
Operator
Flusher Truck
Driver/PW3
Dump Truck
Driver/PW3
@ $56.00/hour
@ $29.83/hour
@ $19.00/hour
@ $25.18
@ $28.75
@ $25.18
2. Provide a bituminous repair:
Dump Truck
Driver/PW3
Raker PW3
Shoveler PW3
Roller
Driver
Bituminous
@ $20.55/hour
@ $25.18/how
@ $25.18/hour
@ $25.18/hour
@ $35.00/hour
@ $25.18/hour
@ $30.00
3. Provide plowing of snow 1" - 3":
Pickup truck and plow @ $4.00/hour
PW3 @ $25.18/hour
4. Provide plowing of snow 3" or more:
Dump truck and plow @ $28.75/hour
Operator @ $29.83/hour
5. Provide sanding/salting:
Truck and sander
Sand/salt
Operator
@ $28.75/hour
@ $30.00
@ $29.83/hour