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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..