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05-1159Council File # RESOLUTION C Presented By Referred To Committee: Date � 1 WHEREAS, the City of Saint Paul has approximately 23.94 miles (11827 equivalent lane miles) of designated trunk 2 highways located within the Saint Paul city limits which require annual routine maintenance, and 4 WHEREAS, a two year Trunk Highway Routine Maintenance Agreement Number 88846 effective from 5 July I, 2005 through June 30, 2007 has been negotiated between the City of Saint Paul and the State of Minnesota which 6 details the terms and limits of city force participation toward the routine maintenance of the trunk highway system within � the City of Saint Paul, and 8 WHEREAS, by the terms of the Trunk Highway Routine Maintenance Agreement Number 88846, the Minnesota 9 Department of Transportation (Mn/DOT) agrees to pay to the City of Saint Paul the maximum amount of $403,018.04 10 during the first year of this Agreement and the maximum obligation during the second year ofthis Agreement is 1 1 $403,018.04 to provide annual routine maintenance of the aforementioned trunk highway system with the time limits 12 noted, and 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, upon receipt by the City of Saint Paul Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-423 1 0-3450, 240-1 2005-43 1 7, 240-12006-4317, and 240-12009-4317, now, therefore, BE [T RESOLVED, that the City of Saint Pau] enter into Agreement Number 88846 with the Minnesota Department of Transportation, and BE [T FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to execute said agreement. � _` Requested by Department of: i'��ic Work By: . Robert Sandquist, Director Adopted by Council: Date �L/�/�iy�� /�,�dlJ�Form Approved by City Attorney Adoption Certified by Council Secretary ��, �, � By: By Approved by L� `: Date L<� Green Sheet # OF SAINT PAUL, MINNESOTA for S �� � 1 :'�1 . i T ; y ' �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � `�i l� ; DepartrnentlofficefcounciL• Uate Initiated: " i, P�l�! - PublicWOrks 01-0EG05 Green Sheet NO: 3028960 Contact Person & Pho�e: Gary Erichson 292.6600 Must Be on Council Agen 14DEC-05 ContractType: E2-0iHER AGREEMENTlCOMRACT S ' U6Pamnem � eut � � rc�emi aac 0 blic Works t Accoun�nt/Direc �� Assign 1 � an ' 1 S Rce of Ntinancial Svc . n�.� Num6er 2 pttorne i Attorne � Routing 3 a r'sOffice Ma r'sOflice �a��-OS Order 4 n'1 i auncil 5 i lerk i lerk's Office ToW I# ot Signature Pages _(Clip All Locations for Signature) Action Requested: � Council approval of attached Trunk Highway Routine Maintenance Agreement # 88846 between the City of Saint Paul and the State of Minnesota efFective July 1, 2005 to June 30, 200Z This agreement details the terms and limits of city force participation [owazd the routi�e maintenance of the trunk highway system within the city limits of Saint Paul. Contacts Must Answerthe Following Questio�s: Planning Commission 1. Has this persoNfirtn e�er worked under a contract for this depaAmeni? CIB Committee Yes No CiNI Service Commission 2. Has this personlfirtn eser been a city employee� Yes No 3. Dces this person/firrn possess a skill not normally possessed by any — current city employee� Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Routine mainte�ance responsibility of [he trunk highway system within the city limits of Saint Paul. Signed agreement will follow resolution. Advan W ges If Approved: Trunk highway system within the ciry limits of Saint Paul will receive routine maintenance by one agency. Disadvantages If Approved: None. `i � ._.. .,,.: .' ..._ �� Disadvantages If NotApproved: Another agreement will have to be negotiated. ; � � � 7oWlAmountof CostlRevenue Bud eted: Trensaction: $$06,036.08 9 Y Fundina Source: State of Minnesota/DOT ActiviN Number: 225-4Z3'I O�SO ;240-12005,12006,12009-4317 ' Trunk Highway Tunds F in ancial Inform ation: (Explain) December 1, 2005 10:07AM Page 1 �-\15 PREPARED BY STATE OF MINNESOTA Mn/DOT METRO DISTRICT DEPARTMENT OF TRANSPORTATION AGREEMENT NO. MAINTENANCE ROUTINE MAINTENANCE AGREEMENT 88846 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. PAUL FOR Routine maintenance of certain portions of trunk highways and bridges within the corporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. TOTAL AGREEMENT AMOUNT $806.036.08 AMOUNT ENCUMBERED (Fiscal Year 2006) $403.018.04 AMOUNT TO BE ENCUMBERED (Fiscal Year 2007) $403.018.04 AMOUNT RECEIVABLE NONE THIS AGREEMENT, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State;' and the City of St. Paul, acting through its City Council, hereinafter referred to as the "City." Mn/DOT Agreement No. 88846 WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms_ and conditions set forth in_this Agreement�and _, ___ _ _ ___ _ W HEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY A. The City will provide routine maintenance as defined in Section I, Paragraph B, on those portions of the trunk highway (T.H.) roadways and bridges within ihe corporate limits of the Cify as indicated on the map, marked Exhibit A, which is attached and incorporated into this Agreement, and particularly described as follows: T.H. 5: The following 5.37 miles of Vunk highway consisting of 25.47 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway consisting of 3.78 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh SVeet (at Sibley Street); thence easterly on Seventh Street to Mounds Boulevard (T.Ff. 61); also the foftowing 3.02 miles of trunk highway consisting of 9.37 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Controi Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61); thence easterly on Seventh Street to Minnehaha Avenue; thence easterly on Minnehaha Avenue to the east City limits. This description has a total of 38.62 Equivalent Lane Miles. T.H. 13: The following 0.39 mile of trunk highway consisting of 1.01 Equivalent Lane Miies, and designated in the Minnesota Department of Transportation records as Control Section No. 1902; beginrting at the junction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes all portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miles. T.H. 35E: The following 0.08 mile of roadway on Eleventh Street between Robert Street and Jackson Street consisting of 0.66 Equivalent Lane Miles, and designated in the Minnesota Department of Transportation records as Controi Section No. 6280. This description has a totai of 0.66 Equivalent Lane Miles. T.H. 51: The following 6.11 miles of trunk highway consisting of 36.30 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6215; beginning at the north City limits (Hoyt Avenue) and Snelling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence east on Montreai Avenue to Fort Road (T.H. 5). Includes all poftions of this highway located in the corporate limits of Falcon Heights. This description has a total of 36.30 Equivalent Lane Miles. 05-1�5� Mn/DOT Agreement No. 88846 T.H. 61: The foilowing 3.19 miles of trunk highway consisting of 13.73 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6221; beginning at the junction of Interstate 94 and Mounds Boulevard; thence northwest on Mounds Boulevard to East Seventh Street; thence northeast on East Seventh Street to Arcade Street; thence north on Arcade Street to the north City limits. This description has a total of 13.73 Equivalent Lane Miles. T.H. 149: The following 1.52 miles of trunk highway consisting of 5.61 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6223; beginning at the south City limits (junction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivalent Lane Miles. T.H. 156: The following 0.80 mile of trunk highway consisting of 3.40 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6219; beginning at the south City limits and Concord Street; thence northwest on Concord Street to the west ramps of Trunk Highway 52. This description has a total of 3.40 Equivalent Lane Miles. T.H. 3: The following 2.70 miles of trunk highway consisting of 10.50 Equivalent Lane Miles and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to Trunk Highway 94. This description has a total of 10.50 Equivalent Lane Miles. The above roadway descriptions have a total of 109.83 Equivalent Lane Miles. All pedestrian and roadway bridges over all Mn/DOT freeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand total of 11827 Equivalent Lane Miles. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multiplied by the length of the roadway, measured in miles, divided by a standard lane width of twelve (12) feet. B. The City will provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidelines the City uses to routinely maintain its highway system, and will include the following: 1. Maintain the roadways and bridges so as to keep them in good repair and free from obstructions and impediments that may interfere with the passage of vehicle, bicycle, and pedestrian traffic. Maintenance will include ali necessary routine mai�tenance to preserve the roadbed, bridges, drainage structures, ditches, sidewalks, and right-of-way in their present condition, including, but not limited to, patching of the road surface with material approved by the Mn/DOT Metro Maintenance Office, joint and crack sealing of the surface, gravel shoulder repair and grading, minor slope repair, drainage structure and grit chamber cleaning and repair, noise wall repair, retaining wall repair, gra�ti removal, fence repair, ditch cleaning, sweeping, and debris clearance. These routine maintenance activities will cover the entire right of way; and 2. Perform routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, the proper and timely cleaning and flushing of bridge deck drains, necessary deck spall patching with materiai approved by the Mn/DOT Metro Bridge Maintenance Office, minor bridge railing repair, proper and timely sealing of cracks in the bridge wearing surtace, removal of graffiti and aesthetic painting repairs, proper and timely 3 Mn/DOT Agreement No. 88846 repair of the expansion joint glands, replacement of light fixtures and electrical wiring, minor slope paving maintenance, and proper and timely sweeping of the bridge surface and sidewalks; and 3. Keep the roadways, bridges, bicycle lanes, and pedestrian walkways reasonably free and clear from ice and snow and undertake proper and timely cleaning and ice and snow contro! measures when_ne_cessary, _ Bridge ice and_snow remoxal_will cove�the enti[e_b[idge uvidth___ _ without pushing ice or snow onto any roadway, railroad, trail, path, or walkway located below the bridge; and 4. Maintain the highway signing, tra�c control devices, and safety devices, such as guardraii, attenuators, signals and signal timi�g, and lighting systems, pay all associated utility bills, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that State will furnish, for City installation and maintenance, suitable route markers for the guidance of tra�c on such trunk highways; and 5. PerForm all necessary maintenance of vegetation and landscaping, including necessary and regular mowing, tree, shrub, antl flower maintenance, noxious weed controf, and litter or debris collection and disposai within the highway right-of-way; and 6. Administer, issue, regulate, and inspect transportation permits, adopt-a-highway permits, and permits to maintain existing utilities on the trunk highways described in Section I, Paragraph A. State will retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A; and 7. City will respond to and perform all Gopher State One Call locates on all State electrical systems (signal, lighting, traffic management, etc.) for the trunk highways described in Section I, Paragraph A. C. The City will include cleaning of the inside surface and support structure of the Plexiglas enclosures over the walkways on the Cedar Street bridge crossing over I-94 as part of their routine maintenance responsibilities included in this Agreement. City is not responsible for cleaning the outside surfaces of these Plexiglas enclosures. D. The City will furnish aIl labor, equipment, materials, supplies, tools, and other items necessary for the pertormance of the services to be provided for by the City under this Agreement. E. All materials used by the City in the performance of the work under this Agreement wili conform to the requirements of the current edition of the Minnesota Department of Transportation Standard Specifications for Construction, and any subsequent amendments thereto. F. If there is a change in the routing of a trunk highway, a substitution of a new route for a trunk highway, or a variation from the present trunk highway location by State, the City will maintain the new trunk highway in accordance with this Agreement during such period of substitution and will be paid the amount to which it is entitled under this /�qreement. If State relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City will maintain the reverted portion at its sole cost and expense. II. DUTIES OF STATE A. State is responsible for any extraordinary maintenance, betterments, construction, or reconstruction on the trunk highways described in Section I, Paragraph A. If State desires the City to perform any such work, the parties must enter into a separate agreement therefore. Extraordinary maintenance, betterments, consVuction, or reconstruction will include, but not be 4 �5�1�5q Mn/DOT Agreement No. 88846 limited to, overiay of the roadway surface, milling and overlay of the roadway surface, replacement of drainage structures and culverts, and major washout repairs. B. State will retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the trunk highways described in Section I, Paragraph A. III. ANNUAL INSPECTION The Authorized Representatives of State and the City will individually inspect the highways and bridges included in this Agreement and meet on at least an annual basis to review the adequacy of the maintenance work being performed and to determine if any extraordinary maintenance, betterments, construction, or reconstruction are required. IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partially block the trunk highways and bridges for a period of time necessary for the pertormance of the services covered under this Agreement. In cases of emergency, such trunk highways and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, will the City continue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for performing the necessary work thereon. In the event of the total blocking or closing of any such trunk highway or bridge, the City will provide a suitable detour during such time, with the assistance of State, as needed. B. The City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency repair of water or gas mains, electric or telephone cables, or sewers. However, the City will not cause any portions of said trunk highways and bridges to be closed to traffic for any reasons other than those above set forth and in no event for a time longer than reasonably necessary to complete authorized work. C. AII partial and total closures of the trunk highways and bridges covered under this Agreement wili be in conformance with the current Minnesota Manual on Uniform Traffic Control Devices and City must provide at least a 24 hour notice of these closures to the Mn/DOT Metro Dispatch Center at 651-582-1550. V. CONSIDERATION AND TERMS OF PAYMENT A. State will pay to City the sum of Three Thousand, Four Hundred Seven and 61/100 Doilars ($3,407.61) per Equivalent Lane Mile, during the first year of this Agreement and the sum of Three Thousand, Four Hundred Seven and 61/100 Dollars ($3,407.61) per Equivalent Lane Mile, during the second year of this Agreement for the performance of the work and the furnishing of labor, equipment, and materials as set forth in this Agreement. This payment will be considered full and complete compensation for ail work to be performed by the City under this Agreement. B. In the event there is a change as described in Section I, Paragraph F, in the roadways or bridges to be maintained by City, or this Agreement is cancelled prior to June 30, 2007, the payment due to the City will be prorated for the months and fractionai months, if any, that the terms of this Agreement are in affect. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed below. Mn/DOT Agreement No. 88846 Fiscal Year 2006 Fiscal Year 2007 October 1, 2005 $100,754.51 October 1, 2006 $100,754.51 January 1, 2006 $100,754.51 January 1, 2007 $100,754.51 Apri11,2006 __ $100,754.51_ ______ ___Apri11�200_7________$10Q7fi4.51__ ___ _ ___ June 30, 2006 $100,754.51 June 30, 2007 $100,754.51 D. State's maximum obligation during the first year of this Agreement is $403,018.04, and its maximum obligation during the second year of this Agreement is $403,018.04. State's total obligation under this Agreement is $806,036.08. VI. CONDITIONS OF PAYMENT A. Paymertt will be made by State under this Agreement on a quarterly basis, as soon as possible after the respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission by the City to State of a cost analysis listing all labor, materials, and equipment used by the City during the quarter; an invoice for the services performed, and a certificate certifying that all work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. All services provided by the City pursuant to this Agreement will be performed to the satisfaction of State, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph A, and in accordance with all applicable federal, state, and locai laws, ordinances, rules, and regulations. C. If the City fails to perform any of the work according to the terms of this Agreement, State may perform such work and may reduce any payment due the City under this agreement by the amount of the labor, overhead and materiai costs incurred by the State in performing such work. Performance of such work by the State will not be construed as a waiver of the City's obligation to subsequently perform such work, and the City will be entitled to compensation, pursuant to this agreement, for subsequent work, which is satisfactorily performed by the City. This paragraph will not be construed to relinquish any rights of action, which may accrue on behalf of State as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement will be in effect from July 1, 2005 through June 30, 2007 VIII. CANCELLATION A. This Agreement may be canceled by either party with 60 days' prior written notice to the other party. In the event of such a canceilation, the City will be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. B. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination, however, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State must provide 0 Mn/DOT Maintenance � m 0 � � 00 � fl- � . e � a 0 e 0 Notes: 1. Trunk Highway Roadways included 2. Additionol Pedestrian and Roadw� Included In This Agreement Are ' �greement EXHIBIT A ��j-���jq _� ; � � v-_- � �_ - - � - = � - - - % , - _ �. � _ _ � � �_ � - _ � _ _ . ,____� - ��.T . . , , - � _ ,. , � , . , , .. _ , . - . „ � . ,., r � -' -. i ' - - _ . , - . ., _ . i � _ �� , �_�__�� . .. ;r _ � � - _.�--- � - � -�'- -a- _ ---�._ . v _. . _ --- :. . ,,._ . �t � - ;, . - , _ � �� �, ¢� � _ • , � t , , � _ � �� � � _ .. � � _. � ; \<�. � �:. � 4: � �'� � \` t� �� � � i1 r �' - �O . ' �\ L � � �'L -. . . � �,��.' _ _. �.,. _ .. _ -; 9� _ i� , �,.`. _ ,; �._ . . _ ' i�, " - _ , ' _'.��. -: ` �G . . '��e._' , �� '��, �" R. , , . ,., .�i � , _ �__ ` � ,, Y.' __ , � s e w. _� ' wunr sr ic �o xw._ � ., � ....E,�.�.....�,. �-. i This Agreement Are Shawn !n Red Bridges Over Mn/DOT Freeways. Expressways. and Other Roods �wn And Circled In Red ` f i � i � � E �, OS��lS� Mn/DOT Agreement No. 85846 the City notice of the lack of fu�di�g within a reasonable time of the State's receiving that notice. � A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihiil, Assistant Division Engineer - Maintenance, Minnesota Department of Transportation Metro Division, 1500 W est County ftoad 82, Roseville, Minnesota 55113, (651) 582-1424, or her designee. B. The Cit�s Authorized Representative for the purposes of the administration of this Agreement is Bob Sandquist, Director of Public Works, City of St. Paul, 140 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102-1660, (651) 266-6099, or his successor. C. State's Authorized Representative will have final authority for acceptance of the City's services. If such services are accepted as satisfactory, State's Authorized Representative will so certify on each invoice submitted pursuant to Section VI, Paragraph A, and will authorize payment. X. ASSIGNMENT A. Neither party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either party with third parties for the performance of any work to be done under this Agreement must be made in accordance with the terms of this Agreement and State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highways and bridges covered under this Agreement. XI. AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. f!o other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILITY A. The employees and agents of the city will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. Liability of State will be governed by the provisions of Minnesota Statutes. Section 3.736 and the liability of the City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of pertormance of its own work as provided herein. Mn/DOT Agreement No. 88846 XIII. WORKERS' COMPENSATION Each party will be solely responsible for its own employees for any workers compensation Gaims. _ XIV. CNIL RIGHTS__ The city must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, reievant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement. XVI. DATA PR,4CTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. [the remainder of this page has been intentionaily left blank]