06-981Council File # a� — 9a�
Green Sheet # d 3 �{ �, �
OF,�i411�T PAUL, MINNESOTA
Presented by
"
IT IS RESOLVED that the City of Saint Paul enter in MnDOT Agreement No. 89812 with the State of
Minnesota, Department of Transportation for the following purposes:
4 To provide for a lump sum payment by the State to the City of the State's share of the costs of the traffic
5 signal construcrion and other associated conshucrion to be performed upon, along and adjacent to Trunk
6 Highway No. 51 at St. Anthony Avenue and Concordia Avenue within the corporate City limits under
7 State Project No. 6215-88 (T.H. 51=125).
9 IT IS FURTHER RESOLVED that the Mayor and the proper city officials are authorized to execute the
10 Agreement and any amendments to the Agreement.
Adoption Certified by Coun Il Secretary
By: �
Approve M yd � Date � � 0-�
By: (�-ej��
Requested by Depariment of:
By:
�
Form Approved by City Att e
BY� �I�Q �.�
Form A ove y ay o Sub ssion�to Council
By:
Adopted by Council: Date //J�aJ� ����
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D6 —98/
PW — Publicwodcs
Co�ct Person & Phone:
PaW St. Martin
266 6118
Must Be on
25-OCT-06
Dnc.Type: RESOLUTION
E-DocumentRequiretl: N
DocumentContact BrianVi[ek
Contact Phone: 266b256
�• � �.
�
Assign
Number
For
Routing
Order
Total # of Signalure Pages _(Clip All Locations for SignaW re)
Green Sheet NO: 3033439
o a - r �o.l..•06
1 ' W r a ent Di �d_� ��
2 ' Att "aV't �
3 a rA '
4
5 rk erk
Action Requested:
Approve Council Resolution authorizing proper City officia(s to enter into Agreement 89812 with MnDOT. The agreement provides
for the cooperative construction agreement of the traffic signals on Trunk Highway 51 (Snelling Avenue) at St. Anthony Avenue and
Concordia Avenue i� Saint Paul, Ramsey County, Minnesota. .
itlauons: Appm�e (A) or F
Planning Commission
CIB Committee
Cidl Service Commission
1. Has this persoNfirtn e�er wnrked under a coMracl for this department?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not nortnally possessed by any
cumeM city employee?
Yes No
Explain all yes answers o� separate sheet and attaeh W green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Whe2, Why):
MnDOT has agreed to participate in the cost for reconstruc6ng the siguals at T.H. 51 (Snelling Ave.) at St. Anthony Avenue and
Concordia Avenue.
Advanqges It Approved:
The Ciry of Saint Paul will be authorized to enter into Agreement No. 89812 with MnDOT. A copy of the ageement is attached
information.
Disadvantages If Approved:
None idenfified to date.
DisadvanqgeslfNotApproved:
The City of Saint Paul will not have sufficient authorization to enter into the agreement.
ToWi Amount of
Transaction:
Funding Source:
Financial Infom�ation:
(Explain)
�����i R����r�� v��ter
CostlRevenue Budgeted:
Activity Number.
�c� � � 2ao�
�
'
�CT � �i 2�06
October 9, 20061:30 PM Page 1
d6 - 9��
PRE-LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT NO.
89812
S.P. 6215-88 (T.H. 51=125)
S.A.P. 164-010-059
C. P. 05-T-1306
State Funds
The State of Minnesota
Department of Transportation, and
The City of St. Pai�l
Re: State lump sum payment for
traffic signal reconstruction
construction by the City on
T.H. 51 at 5�. Anthony Avenue
and Concordia Avenue
AMOUNT ENCUMBERED
$315,000.00
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department 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".
p1
o�����
�
WHEREAS, the City is about to perform traffic signal reconstruction
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 51 at St. Anthony Avenue and Concordia
Avenue within the corporate City limits in accordance with
City-prepared plans, specifications and special provisions designated
by the City as City Project No. 05-T-1306 and by the State as State
Project No. 6215-88 (T.H. 51=125); and
WHEREAS, the City has requested participation by the State in the
costs of the traffic signal reconstruction; and
WHEREAS, the State is willing to participate in the costs of the
traffic signal reconstruction, the State's share of City furnished
material and associated construction engineering in an amount equal
to $315,000.00 as hereinafter set forth; and
WHEREAS, the State and the City did enter into Routine Maintenance
Agreement No. 88846 dated February 15, 2006 providing for payment by
the State to the City of the State's share of the cost of routine
�
maintenance provided by the City and the terms and conditions shall
remain in full force and effect; 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 purposes of
constructing, maintaining and improving the trunk highway system.
re
2
��-�Sl
89812
IT IS, THEREFORE, MII'PIIAI,LY AGREED AS FOLLOWS:
ARTICLE I- CONSTRIICTION BY THE CITY
Section A. Contract Award and Constzuction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State-approved City plans,
specificaCions and special provisions designated by the City as City
Project No. OS-T-1306 and by the State as State Project No. 6215-88
(T.H. 51=125). The contract construction shall be performed in
accordance with State-approved City plans, specifications and special
provisions that are on file in the office of the City's Engineer, and
are incorporated into this Agreement by reference.
Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's District Engineer at Roseville a copy
of the low bid and an abstract of all bids together with the City's
request for concurrence by the State in the award of the construction
contract. The City shall not award the construction contract until
the State advises the City in writing of its concurrence therein.
Section C. Rejection of Bids
The City may reject and the State may require the City to reject any
or all bids for the construction contract. The party rejecting or
requiring the rejection of bids must provide the other party written
notice of that rejection or requirement for rejection no later than
30 days after opening bids. Upon the rejection of all bids pursuant
to this section, a party may request, in writing, that the bidding
process be repeated. Upon the other party's written approval of such
3
��-��l
89812
request, the City will repeat the bidding process in a reasonable
period of time, without cost or e�ense to the State.
Section D. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the contract construction shall be open to inspection by the
State District Engineer's authorized representatives. The City shall
give the District Engineer at least five days notice of its intention
to start the contract construction.
Responsibility for the control of materials for the contract
construction shall be on the City and its contractor and shall be
carried out in accordance with Specifications No. 1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction"
Section E. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State District Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section F. Plan Changes, Etc.
A11 changes in the plans, specifications and special provisions for
tYie contract construction and all addenda, change orders and
supplemental agreements entered into by the City and its contractor
0
D���1
89812
for contract construction must be approved in writing_by the State
District Engineer's authorized representative.
Section G. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations.
Section H. Right-of-Way, Easements and Pexmits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and any other permits
and sanctions that may be required in connection with the contract
construction. Prior to advance payment by the State, the City shall
furnish the State with certified copies of the documents for those
rights-of-way and easements, and certified copies of those
construction permits and other permits and sanctions required for the
contract construction.
ARTICLfi 2I - PAYMENT BY THE STATS
The State shall advance to the City, as the State's full and complete
share of the costs of the traffic signal reconstruction, City
furnished material and associated construction engineering to be
performed upon, along and adjacent to Trunk Highway No. 51 at
St. Anthony Avenue and Concordia Avenue within the corporate City
limits under State Project No. 6215-88 (T.H. 51=125), a lump sum in
the amount of $315,000.00.
The State shall advance to the City the lump sum amount after the
following conditions have been met:
F.7
DI�'��I
89812
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt by the State from the City of certified documentation for
alf of the right-of-way and easement acquisition required for the
contract construction, and the approval of that documentation by
the State's Land Management Director at St. Paul.
C. Execution and approval of this Agreement and the State�s
transmittal of it to the City. If execution and approval of this
Agreement does not constitute concurrence by the State in the
award of the construction contract, a letter advising the City of
the State's concurrence in the award of the construction contract
shall accompany the City's copy of this Agreement.
D. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
ARTICI,E III - CONSTRUCTION DOCLIMEI3T5 FiTRISISHED BY THE CITY
The City shall keep records and accounts that enable it to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all contract
construction.
B. Copies of the endorsed and canceled City warrant(s) or check(s)
paying for final contract construction, or computer documentation
of the warrant(s) issued, certified by an appropriate City
official that final construction contract payment has been made.
C.
�C�-�8/
89812
C. Copies of all construction contract change orders and
supplemental agreements.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
1. Satisfactory performance and completion of a11 contract
construction in accordance with State-approved City plans,
specifications and special provisions.
2. Acceptance and approval of all materials furnished for the
contract construction relative to compliance of those
materials to the State's current "Standard Specifications for
Construction"
3. Full payment by the City to its contractor for all contract
construction.
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the contract construction.
F. A copy of the "as built" plan sent to the State's District
Engineer.
ARTICLE IV - GENERAL PROVISION5
Section A. Maintenance by the City
Upon satisfactory completion of the T.H. 51 at St. Anthony Avenue and
Concordia Avenue traffic signal reconstruction to be performed within
the corporate City limits under the construction contract, the City
shall provide for the proper maintenance of the roadways and all of
7
o�J� �/
89812
the facilities a part thereof, without cost or expense to the State.
Maintenance includes, but is not limited to, snow, ice and debris
removal, resurfacing and seal coating and any other �naintenance
activities necessary to perpetuate the roadways in a safe and usable
condition.
Upon satisfactory completion of the walkways and pedestrian ramp
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for the proper
maintenance of the walkways and pedestrian ramps, without cost or
expense to the State. Maintenance includes, but is not limited to,
snow, ice and debris removal, patching, crack repair, panel
replacement, and any other maintenance activities necessary to
perpetuate the walkways and pedestrian ramps in a safe and usable
condition.
Upon satisfactory completion of the new traffic control signal
systems on T.H. 51 at St. Anthony Avenue and Concordia Avenue with
street lighting, interconnection, and (EVP) system, construction to
be performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of and
keep in repair the systems, in accordance with Routine Maintenance
Agreement No. 88846 dated February 15, 2006, without cost or expense
to the State. Maintenance includes but is not limited to relamping
the traffic control signal systems, luminaries, cleaning, re-painting
of pedestrian cross-walk markings, painting of the traffic control
signals, mast arm extensions, and signal cabinets. Painting will be
in accordance with Mn/DOT Standard Specification 2565.3T, unless
approved by the State's District Traffic Engineer. The City will be
responsible for the hook-up cost and application to secure an
adequate power supply to the service pad or pole, the City shall also
0
0(�-��!
° ggg�2
provide the necessary electrical energy for their operation, without
cost or expense to the State.
Section B. Traffic Signal Timing and Related Agreements
The State shall determine all timing of the traffic signals
constructed within the corporate City limits under the construction
contract, and no changes may be made except with the written approval
of the State.
Upon execution and approval by the City and the State and completion
of the construction work provided for herein, the terms and
conditions of Routine Maintenance Agreement No. 88846 dated February
15, 2006 shall remain in full force and effect.
Operation of EVP Systems
The EVP systems shall be installed, operated and removed in
accordance with the following conditions and requirements.
1. Emitter units may be installed only on authorized emergency
vehicles, as defined in Minnesota Statutes Section 169.01,
subdivision 5. Authorized emergency vehicles may use emitter
units only when responding to an emergency. The City sha11
provide the State's District Engineer or his authorized
representative with a list of all City-owned vehicles with
emitter units.
2. Upon the City gaining knowledge of a malfunction of an EVP
system, the City shall immediately report such malfunction to
the State.
3. If an EVP system or its components are, in the opinion of the
State, being misused or the conditions set forth in item 1 of
L•7
0
�/ �-G �O !
89812
this section are violated, and such misuse or violation
continues after the State has provided written notice to the
appropriate party, the State may remove the EVP system. Upon
removal of the EVP system pursuant to this paragraph, all of its
parts and components become the property of the State.
4. The State shall determine all timing and perform all maintenance
of the EVP systems.
Section C. Future Responsibilities
Upon satisfactory completion of the traffic signal reconstruction to
be performed within the corporate City limits under the construction
contract, the City shall thereafter accept full and total
responsibility and all obligations and liabilities arising out of or
by reason of the use, operation, maintenance, repair and
reconstruction of traffic signals and all of the facilities a part
thereof constructed hereunder, without cost or expense to the State.
Section D. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State is not obligated to pay for services
performed after notice and effective date of termination. Upon such
termination, the City-is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of termination.
The State may immediately terminate this Agreement 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 under this Agreement.
Termination must be by written or fax notice to the City. _The State
is not obligated to pay for services performed after notice and
10
D(e�1 S� /
89812
effective date of termination. Upon such termination, the City is
entitled to.payment for services satisfactorily performed under this
Agreement prior to the effective date of tez�mination, to the extent
the funds are available.
Section E. Examination of Books. 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 appropriate, for a minimum of six years from final payment.
Section F. 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
and omissions of others and the results thereof. 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.
Section G. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discriminaCion shall be
considered part of this Agreement as if fully set forth herein.
Section H. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
11
C
QLt�-��l
89812
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE V - AIITFIORIZED AGENTS
The State's Authorized Agent for the 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 682, St. Paul, MN 55155,
(651) 296-0969.
The City�s Authorized Agent for the purpose of the administration of
this Agreement is Brian Vitek, City Engineer, or their successor.
Their current address and phone number are 800 City Hall Annex, 25
West 4 Street, St. Paul, MN 55102, (651) 266-6256.
12
oCt�-�g 1
89812
IN TESTIMONY WFIEREOF the parties have executed this Agreement by their
authorized officers.
STATFs ENCIIMBRANCE VERIFICATION
Eadividual certifies that funds have been encumbered
as required by Minn. Stat. §§ 16A.15 and I6C.05.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Date
By
District Engineer
Approved:
By
State Design Engineer
MAPS Encumbrance No.
CITY OF ST. PAUL
Date
Approved as to form and execution:
By
Date
BY —
Title
Date
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
13 �
�LL..