08-146Council File # ����{�O
Green Sheet #3049930
Presented by
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RESOLUTION
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MINNESOTA
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WHEREAS the Minnesota�'eg�ent of Transportation {MnDO'1� is performing needed maintenance (millina, bituminous
surfacing, si�ing and other associated construction) on Interstate 35E from 022 miles north of Shepazd Road to 0.2 miles
north of Kellogg Boulevazd this 2008 construction season, work currernly scheduled to be completed before the Republican
Narional Convention and
WHEREAS to improve safety and haffic flow on Interstate 35E, the northbound e�t ramp to Ayd Mill Road needs to be
reconstructed and combined with the northbound eacit ramp to Randolph Avenue and including this work to the scheduled
MnDOT maintenance project will afford the maximum project cost savings for both the City and MnDOT and also minimize the
public dismption and
WI�REAS the 2008 adopted Capital Improvement Budget included $150,000 of MSA funds for the City's share of this project.
THEREFORE BE IT RESOLVED that the City of Saint Paul enter in MnDOT Ageement No. 92207-R with the State of
Minnesota Deparhnent of Transportation and that the Mayor and proper city officials aze authorized to execute the Agreement
and any amendments to the a�eement.
Bosffom
Carter
Hazris
Requested by Department of:
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Services
Thune
Adopted by Council: Date
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Adoption Certified by Co cil Secretary
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p�/V — Public works
Contact Person 8 Phone:
Mike I4assen
266-6209
M115t 15E OO GollllCll A9EOtl3 by (Odt2J:
zaFee-os
Doc. Type: RESOLUTION W/$ TRqNSAC
E-Document Required: N
Document Contact: Mike Kiassen
Contact Phone: 266-6209
13-FEB-08
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Assign
Number
For
Roufing
Order
Total # of Signature Pages,�_ (Clip All Locations for Signafure)
Green Sheet NO: 3049930
0 �PpblicWorks ,�'.(9 L�JiS IY7Y� I �
1 blicWorks � Depar6neutDirector ) � C
2 ipaucial Services bSee Financial Services �
3 ' Attome
4 or's Office bis or/Assistant
5 ounc7 C7 Council
6 i perk GS Clerk
Approve a Council Resolufion authorizing proper City Officials to enter into Agreement No.922707-R with MNDOT. The
agreement provides payment to MNDOT for City�s share of the cost to reconstruct the northbound exit ramp from T.H. 35E to Ayd
Mill Road.
iaanons: Hpprove (H) or te
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personlfirm ever worked under a contract for this departrnent?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nortnally 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):
MNDOT is perfomilng necessary maintenance on I-35E between W. Seventh Street and Kellogg Boulevard. To improve safety and
traffic flow on I-35E, the northbound ramp to Ayd Mill Road should be combined with the existing elcit ramp to Randolph. Adding
tlus work to the scheduled MNDOT maintenance work provides the maximum wst saving and minimizes the disrupHon to the public.
Advantages !f Approved:
Combining the Ayd Mill Road northbound exit ramp with the existing Randolph e�t ramp will improve safety and h'affic flow on I-
35E.
Disadvantages if Approved:
None
Disadvantages If Not Approved:
The safety and h�affic flow improvement on I35E will not happen.
`Transaction: $150,000.00
Funding Source: MSA
Fi nancial lnfortnation:
' (Explain)
Activity Number. COS-2�ocxx (SU-5501893)
CosURevenue Budgeted: Y
u
February 13, 2005 2:58 PM_ Page 1
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PRE-LETTING STATE Or MINNESOTA
SERVICES DEPARTMENT OF TRIINSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT NO.
92207-R
S.P. 6280-320 (T.H. 35E=390)
Fed. Proj. IM 0354 (270)
The State of Minnesota
Department of Transportation, and
The City o£ St. Paul
Re: City lump sum payment for Ayd
Mill Road exit ramp
reconstruction and overhead
signs by the State on North
bound T.H. 35E
AMOUNT ENCUMBERED
(NOne
AMOUNT RECEIVABLE
$150,000.00
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"
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92207-R
WHEREAS, the State is about to perform grading, milling and
bituminous surfacing and signing construction and other associated
construction upon, along and adjacent to Trunk Highway No. 35E from
0.22 miles north of Shepard Road to 0.2 miles north oi Kellogg
Boulevard within the corporate City limits in accordance with State
plans, specifications and special provisions designated as State
Project No. 6280-320 (T.H. 35E=390) and in the records of the Federal
Highway Administration as Minnesota Projects IM 0354 (270); and
WHEREAS, the State has requested participation by the City in the
costs of the Ayd Mill Road exit ramp reconstruction and overhead'
signs off of North bound T.H. 35E; and
WHEREAS, the City has expressed its willingness to participate in the
costs of the Ayd Mi11 Road exit ramp from T.H. 35E reconstruction,
overhead signs and associated construction engineering in an amount
equal to $150,000.00 as hereinafter set forth; 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 purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUAI,LY AGREED AS FOLLOWS:
ARTICLE I- CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise �or bids and award a construction contract
to the lowest responsible bidder for State Project No. 6280-320
(T.H. 35E=390) in accordance with State plans, specifications and
special provisions which are on file in the office of the.
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92207-R
Commissioner oi Transportation at St. Paul, Minnesota, and are
incorporated into this Agreement by reference.
Section B. Direction and Supervision o£ Construction
The State sha11 direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications and
special provisions.
Section C. Plan Changes, Additional Construction, Etc.
The State shall make changes in the plans and contract construction
and enter into any necessary addenda, change orders and supplemental
agreements with the State's contractor that are necessary to cause
the contract construction to be performed and completed in a
satisfactory manner. However, the State District Engineer's
authorized representative wi11 inform the appropriate City official
of any proposed addenda, change orders and supplemental agreements to
the construction contract.
Section D. Satis£actory Completion of Contract
The State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner. Acceptance by the State of the completed contract
construction.shall be final, binding and conclusive upon the City as
to the satisfactory completion of the contract construction.
ARTICLE 22 - INSPECTION BY THE CITY
The contract construction shall be open to inspection by the City.
If the City believes the contract construction has not been properly
performed or that the construction is defective, the City shall
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92207-4
iniorm the State District Engineer's authorized representative in
writing of those defects. Any recommendations made by the City are
not binding on the State. The State shall have the exclusive right
to determine whether the State's contractor has satisfactorily
performed the contract construction.
ARTICLE III - PAYMENT BY THE CITY
The City shall advance to the State, as the City's full and complete
share of the costs of the Ayd Mil1 Road exit ramp reconstruction at
North bound T.H. 35E, overhead sings and associated construction
engineering to be performed upon, along and adjacent to Trunk Highway
No. 35E from 0.22 miles north of Shepard Road to 0.2 miles north of
Kellogg Boulevard within the corporate City limits under State
Project No. 6280-320 (T.H. 35E=390), a lump sum in the amount of
$150,000.00.
The City shall advance to the State the lump sum amount after the
following conditions have been met:
A. Execution and approval of this Agreement and the State's
transmittal of it to the City.
B. Award of the construction contract for the construction to be
performed hereunder.
C. Receipt by the City of a written request from the State for the
advancement of funds.
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92207-R
ARTICI..E IV - GE23ERAI, PROVISIONS
Section A. Plan Changes
The City may request changes in the plans. If the State determines
that Lhe requested plan changes are necessary or desirable, the State
will cause those plan changes to be made.
Section B. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
District Hydraulics Engineer at Roseville and is incorporated into
this Agreement by reference.
Section C. 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 D. 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.
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92207-R
Minnesota StaLUtes Chapter a66 and other applicable law govern
liability of the City.
Section E. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE V - AUTAORTZED 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) 366-4634.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Mike Klassen, Project Manager, or their successor.
Their current address and phone number are Department of Public
Works, 25 W 4th St. room 1500 City Hall Annex, St. Paul, MN 55102,
(651) 266-6209.
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92207-R
IN TSSTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
CITY OF ST. PAUL
Recommended for approval:
By
Director of Public Works
Approved as to fosm and execution:
By
Assistant City Attorney
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Date
mayor
By
Director of Finance and Management Services
Date
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
District Engineer
Approved:
By
State Design Enginees
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management oivision
sy
Date
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CITY OF ST. PAUL
RESOLUTION
IT IS RESOLVED that the City of St. Paul enter into Mn/DOT Agreement No. 92207-R with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's shaze of the costs of the Ayd Mill
Road exit ramp reconstruction, overhead signs construction and other associated construction to
be performed upon, along and adjacent to Trunk Highway No. 35E from 0.22 miles north of
Shephazd Road to 0.2 miles north of Kellogg Boulevazd within the corporate City lunits under
State Project No. 6280-320 (T.H. 35E=390).
IT IS FURTHER RESOLVED that the Mayor and the
authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
are
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of St. Paul at an authorized meeting held on the day of
, 2008, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2008
Notary Public
My Commission Expires
(Si�aNre)
("Iype or Ain[ Name)
(TiUe)
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