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06-401Council File # Q � O j Green Sheet # � G 3 f? L{ !'7 .� 1 Presented 1 2 3 4 5 6 RESOLUTION SAINT PAUL, M{NNESOTA R'fIEREAS, the Ciry of Saint Paul desires to enter into Agreement No. 89441 with the Minnesota Depariment of Transportation, and WI�REAS, the City would provide for flushing of state owned bridges as defined in this a�eement, now therefore be it Resolved, that we hereby authorize proper Ciry officiais to execute said agreement. Requested by Department of: L43S:�EL�.'GS�i!� Fo�Approved by City Attorney B➢' � V.t L`�- � Adoption Certified by Counc' Secretazy Form Appfov Mayo for S ' ion t ounc'1 Sy: ' � $5•. Approv y M yo : Da e �7 Z By: '� AdoptedbyCouncil: Date ,�p��ja�,o?d�� � � Green Sheet Green Sheet Green Sfieef_Green Sheet Green Sheet Green Sheet � PV1l '�ublic Wozks Contad Person & Phone: Kevin Nelson 26G6582 o� Cauncil Agenda by ContractType: RERESOUITtON �� ' • , Assign Num6er For Routing Order 6 1 2 3 4 5 OG -�/ Green Sheet NO: 3030417 C9erk erk Total # of SignaW re Pages _(Clip All Locations for SignaW re) � Aetion Requested: Council Resolution to authorize proper City officisls to enter into Agceement No. 89441 with the Minnesota Department of Trausportation. Under_ the Agreement, the City will pmvide for flushing of bridge abuhnents on State bridges defined in the Ageement Recommendattons: Approve (A) or Reject (R): Planning Commission CfB Committee Q'NI Service Commission Pecsonal Service Contracts Must Answerthe Po{bwing Questions: 1. Has this person(ftnn e�er wxked under a contract for this department? Y� No 2. Has this persoNfirtn e�er been a ciry employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by arry cumerrt city employce? Yes tdo Explain all yes answers on separate sheet and aUach to green sfieet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): MNDOT needs usistance in perfotming some extraordinazy maintenance on their bzidge struchues. Advantages IFApuroved: Added revenue to The City. Reinfoxce relationship with MNDOT Maintenance. Disadvantages IfApproved: None. ��'�` , "F �€S�'�+ Disadvanta9es If Not Approved: I.oss of revenue to City. APR I g Zp06 Totalqmountof � � �10Q000 Tra�action: Fundiny Source: MNDOT Financial Infortnafion: (Explain) Activ'rty Number. �g..¢234p , �� ,. , s.h �z�,�"e��" r ►"� ' 1��� Aprif 13, 2006 337 PM Page 1 CosHRevenue BudgeMd: y a���Di Mn/DOT qqreement No. 89441 PREPARED BY STATE OF MINNESOTA Mn/DOT METRO DISTRICT DEPARTMENT OF TRANSPORTATION AGREEMENT NO. MAINTENANCE ROUTINE MAINTENANCE AGREEMENT 89441 AGREEMENT BETWEEN THE S7ATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. PAUL FOR Bridge abutment flushing for certain bridges on or over the State Trunk Highway System upon the terms and conditions set forth in this Agreement. � f / � � `.' �� 4 ,,� �� �' ��, � W i� I � 2 .� �� �fi�t �tJjO I u�'� a� t S 0 ��� � "�� � �S P�-� � W g,.� a5ti TOTAL AGREEMEfVT AMOUNT $100,000.00 AMOU{VT ENCUMSERED (Fiscai Year 2006) $so.000.00 AMOUNT TO BE ENCUMBERED (Fiscal Year 2007) $50.000.00 AMOUNT RECEIVABLE NONE TH1S AGREEMENT, is by and beiween the State of Minnesota through its Commissioner of TranspoRation, hereinaRer referred to as "State,° and the City of St. Paul, acting through its City Council, hereinafter referred to as the °City." 1 D(�-�DI Mn/DOT Agreement No. 59441 W HEREAS, State and the Ciiy are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Mir�nesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the flushing of bridge abutments upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. GENERAL PROVISIONS A. The City will pertorm bridge abutment flushing, which includes the bridge seat and bearings and the concrete bridge slopes, to a condition free of dirt and debris using, a high pressure water. flusher truck. A list of bridges and locations will be provided to St. Paul. B. This agreement inciudes the cost of tra�c control, materials, equipment and employees at the agreed rate of $156.27 per hour which i�cludes two employees, a flusher truck, a crew Vuck, and traffic control devices. C. All materiafs used by the City in the perFormance of the work under this Agreement wiN conform to the requirements of the current edition of the Minnesota Department of Transportation Stan,dard Specifications for Construction, and any subsequent amendments thereto. 11. LANE CLOSURES AND TRAFFIC CONTROL A. The City may set up traffic control for a period of time necessary for the pertormance of the services covered under this Agreement. B. All partial and total closures of the city streets and CSAH highways and hridges covered under this Agreement wil4 be in conformance with the current Minnesota Manuai on Uniform Traffic Control Devices . III. CONSIDERATION AND TERMS OF PAYMENT A. Slate will pay to City the sum of up to Fifty Thousand Doilars j$50,000.00) during the first year of this Agreement and the sum of up to Fifty Thousand Dollars ($50,000.00) 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 wiil be considered full and complete compensation for all work to be pertormed by the City under this Agreement. B. State's ma�cimum obligatio� during the first year of this Agreement is $5�,��0.�0, and its maximum obligation during the second year of this Agreement is $50,000.00 plus any unspent funds from the first year. State's total maximum obligation under this Agreement is $100,000.00. IV. CONDITfONS OF PAYMENT A. Payment will be made by Sta1e under this /�qreement upon invoice from the City in increments of at least ten thousand dollars ($10,000). The City shall submit to State a cost analysis listing all labor, materials, and equipment used by the City during the invoice period; an invoice for the services pertormed, and a certificate certifying that aii work done during the period for which the ����( Mn/DOT /�qreement No. 89441 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 Vtl, Paragraph A, and in accordance with a11 applicable federaf, state, and local laws, ordinances, rules, and regulations. V. TERM OF AGREEMENT This Agreement will be in effect from the date of approval through June 30, 2007 VI. CANCELLATION A. This Agreement may be canceled by either party with one weeks' prior written notice to the other party. In the event of such a cancellation, the City will be entitled to a prorated payment for the hours worked at the agreed upon hourly rate, if any, ihat this Agreement was in afiFeci. B. The State may immediately terminate this conlract if ii 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 the City noGce of the lack of funding within a reasonable time of the State'S receiving that notice. VII. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihill, Assistant Division Engineer - Maintenance, Minnesota Department of Transportation Metro Division, 1500 West County Road 62, Roseville, Minnesota 55113, (651) 582-1424, or her designee. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Bruce Sreese, Interim Director of Public W orks, City of St. Paut, 140 City Halt, 15 W est Keifogg 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 Aufhorized Representative will so certify on each invoice submitted pursuant to Section VI, Paragraph A, and will authorize payment. V I I I.ASSIGNMENT A. Neither party will assign or transfer any rights or obiigations under this l\qreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by either parly with third parties for the pertormance of any work to be done under this Agreement must be made in accordance with the terms of this Agreement and State of Minnesota faw. 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. o�-yo Mn/DOT Agreement No. 89441 IX. AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No 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. X. LIABILITY A. �he employees and agents of the city wili not be deemed to be empioyees of the State for any reason. B. Each party will be solely responsibie for its own aets and omissions, the aets 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. Liabiliiy of State witl be govemed 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 wili 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 wiih or by virtue of pertormance of its own work as provided herein. �:1� Each party wili be solely responsible for its own employees for any workers compensation claims. XII. CIVIL 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. XfIf.STATE AUDI�S The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, wil! 6e subject to examination by the MnlDOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement. IV. The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it appties to any information provideii to or by a party to this agreement. [the remainder of this page has been intentionally left biank] �lo -�D ) Mn/DOT Agreement No. 89441 IN TESTIMONY WNEREOF the parties have executed this Agreement through their duly authorized o�cials: STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual ce�es that funds have been encumbered as required by Minnesota Sfatutes 16A.15 and 16C.05. Recommended for approval: By g � i etro Distriet As ista istrict Engineer — Maintenance Date CO MISIONER OP T42ANSPORTATION CFMS Encumbrance No. pp oved: CITY OF ST PAUL BY Metro District BY Authorized Signature Date B Y — Director Date Countersigned: By Director af Public Works Date Approved as to form and execution: By Assistant City Attorney Date Date COMMISSIONER OF ADMItdISTRATION By Authorized Signature Date 5 a�-��� Mn/DOT Agreement No. 89441 CITY OF ST. PAUL RESOLUTION V � �� � IT IS RESOLVED that the City of St. Paul enter into Mn/DOT Minnesota, Department of Transportation for the foliowing pu To provide for bridge abutment flushing by the City on State IT IS FURTHER RESOLVED that the Mayor and the authorized to execute the Agreement. State of Minnesota County of Ramsey No. 89441 with the State of defined in said Agreement. are I certify that the above Resolution is an ccurate copy of the Resolution adopted by the City Council of the City of St. Paul at an aut iz meeti held on the day of , 2006, as shown by the minutes of the meeting i my possess' n. Subscribed and sworn to before me this day of , 2006 Notary Public My Commission Expires O �''�� � (Signature) or Print Name) (Title)