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10-06Council File # 10-06 Green Sheet # 3091496 Presen[ed THEREFORE BE IT RESOLVED, that the City of Saint Paul enter into an amendment to Agreement No. 79942 with the State of Minnesota, Department of Transportation that provides for the removal and addition of portions of roa�lways to be turned back to the City along various Trunk Highways within the corporate Ciry limits; and f/ 1 WHEREAS, the Minnesota Department of Transportation (Mn/DOT) and the City of Saint Paul entered 2 into an Agreement No. 79942 dated November 2Q 2001 providing for payment by the State to the City for 3 the State's share of the cost of repairing roadways to a satisfactory driving condition before the State 4 transfened to the City portions of frantage roads and streets along Trunk Highway No's. 35E, 94 and 280 5 that aze within the corporate City limits under State Project No. 8825-48; and 6 7 WHEREAS, after Agreement No. 799A2 was fully executed, it was mutually agreed to modify portions of 8 roadways to be tumed back to the City under an Amendment to Agreement No. 79942; so 9 10 I1 12 13 14 15 16 17 BE IT FURTHER RESOLVED, that the proper city officials are hereby authorized and directed, on behalf of the City of Saint Paul, to execute Amendment No. 1 to Agreement No. 79942 between the Minnesota Department of Transportation and the City of Saint Paul. Bosvom Helgeu Lantry Adopted by CounciC Date RESOLUTION CITY,OF SAINT PAUL, MINNES07A Yeas Nays Absent gequested b Department of: f PTK� 12/14/09/ Public Works ✓ ✓ ✓ BY ✓ ✓ Adoptio� Certifiet�by Council Seeretary By: � � Approved by Ma � ate � ! �L� By: Porm Approved by City Attomey BY � �/� t/i—���— Form Approved by Financial Services By: � i Form Approved by Ma � r for Submission to Coun � By � � � ?L�-r \ � 10-06 �`� Green Sheet Green Sheet Green Sheet Green Sheet Greer► Sheet Green Sheet DepartmenUOffice/Couneil: PW Public Works . Conqct person & Phone: Paul Kurtz 266-6203 Must Be on Council Agenda by (Date): 30-DEC-09 Doc. Type:OTHER AGREEMENT/CONTRACT E-Document Required: N Document Contact: Date Initiated: 11 DEC 2009 � Number For Routing Order Green Sheet NO: 3091496 Depar6nent �� SentToPerson Initial/Date 0 Pabtic Works ��. �%/f/��j PW Dept Accountant ,,p 1 Pubtic Works Departmeni D'vector �( � Z / / � 1�-a 1 2 ,City Attoruey CSty Attomey /�," ! 3 FinaocialServices ORceofFtinanciafServices �� � 4 Mayor's Office Mayor 5 Ci�c Center Cauocil 6 Ciry Clerk Ciry Clerk - 7 Public Works Public Warks Contact Phone: �� ' Total # of Signature Pages i (Clip AII Locations for Signature) ��� Action Requested: �i Approve an amendmen[ to Agreement No. 79942 between the Minnesota Depar[ment of Transporta[ion and the City of Saint Paul � covering various roadway jurisdictional changes. Recommendations: Approve (A) or Reject (R): Planning Commission _ CIB Committee Civil Service Commission �I Personal Service Contracts Must Answer the Following Questions: � 1. Has this person�rm ever worked under a contract for this department? � Yes No 2. Has this personffrm ever bee� a city employee? Yes No � 3. Does this person/firm possess a skill not normally possessed by any i cuvent aty employee? Yes No I Explain all yes answers on separate sheet and attach to green sheet. ! Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �,' Since the original aa eement was executed, it has been mutually agreed between Mn/DOT and the City to modify portions of roadways to be turned back to the City. The modificaGons aze described in the attached agreement amendmen[. These changes are the result of i[he Federal Highway Administration's review of the Trunk Highway frontage road system. Mn/DOT and the City have concurred ' with theu findings. � Advantages If Apprmed: Jurisdictional responsibility will be defined for various roadways along Trunk Highways No. 35E, 94 and 280 within the corporate lunits of St. Paul. Disadvantages If Approved: I None I ', u;;;�;:r.��,��� Disadvantages if Not Approved: Jurisdic[io�al responsibiliry will not be approved as agreed to by Mn/DOT and the City. q�C� �� qp�ryp UC cuua � i� (1 i� ,Lat._�'4�i �'t-� „ � d : Tofal Amount of Transaction: Funding Source: Financial lnformation: (Explain) CostlRevenue Budgeted: Activity Number: December 11, 2009 10:22 AM Page 1 10-�6 P12E-LETTING STATE OF MSNNESOTA SERVICBS DEPARTMENT �F TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT AMENDMENT N0. 1 �`Aa The State of Minnesota Department of Transportation, and The City o£ St. Paul Re: State transfer to the City of frontage roads and streets along T.H. 94 AMENDMENT TO Mn/DOT AGREEMENT NO. 79942 � THIS AGREEMENT AMENDMENT 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". 1 10-06 79942-1 WHEREAS, the State and the City did enter into Agreement No. 79942 dated November 20, 2001 providing for payment by the State to the City of the State's share of the cost of repairing roadways to a satisfactory driving condition before the State transferred to the City, portions of frontage roads and streets along Trunk Highways No.'s 35E, 52, 94, and 280 that are within the corporate City limits under State Project No. 8825-48; and WHEREAS, after Agreement No. 79942 was fully executed, (1) it was mutually agreed to modify portions of roadways to be turned back to the City along Trunk Highway No. 94; and WHEREAS, the rationale for removing streets from the original agreement is: 1) It has been discovered that some sections of the roadway were previously turned back to the City and therefore should not have been included in the original agreement. 2) The roadway segment had always been on the City right of way and should not have been included in the original agreement. 3) Because these frontage roads run along side of an IntersCate, Federal Highway Administration approval is required. The Federal Highway Administration will not give their approval for the release of certain sections of roadway and therefore they must be removed from the original agreement. WHEREAS, the reasoning for adding streets to the agreement via this amendment is there were road segments that were missed in the original agreement. These road segments are clearly serving a local street capacity and should have been included in the original 2 10-06 79942-1 agreement_ WHEREAS, the State and the City desire that Agreement No. 79942 be amended so that the Agreement reflects the removal and addition of the portions of roadways to be turned back to the City along Trunk Highway No. 94. IT IS, TAEREFORE, MUTUALLY AGREED AS FOLLOWS: In this Amendment deleted contract terms will be ^�-�t and added contract terms will be Underlined REVISION 1. Article I paragraph 1 is Amended as follows: ROADWAYS TO BE TRANSE'ERRED The State shall transfer to the City jurisdiction of the following roadways, as shown on EXHIBIT �"A-1" which is attached hereto and made a parC hereof by reference. EXHIBIT �= "A-1" shows all City roadways on State rights-of-way to be transferred, in red (r), and all other roadways to be transferred, in green (g). All termini are approximate. The roadway segments described will be transferred to the City as they actually exist.within trunk highway rights-of-way. This is for Turnback File No. 1339 C.S. 6282 and C.S. 6283 (T.H.94� REVISION 2. Article IA. is Amended as follows: A. Trunk Highway No. 94 l. St. Anthony Avenue a. West corporate City limits ea�3� to 600 £eet west of Cretin Avenue (g) �3 10-06 79942-1 b mL. ..�,.,, -�nn F....i- h..i-. r+....�; r.�f.�...,. �..� a�c�z-�e-�a��a�¢e�� At Wilder Street (g) c. Beacon Street westerly to Dewey Street (g) �. _- - - - - - - - � - �� - �c.�� = , Aldine Street to 2�0 west of centerline Street (g) e. 100 feet east of Syndicate Street to 500 feet west of the centerline of Snelling Parkway (g) � 200 feet east of centerline Oxford et to 2. 3 4 5 6 centerline of St. Albans Street (g) 250 feet east of the centerline of Kent Street to the centerline"of Farmington Street (g) E�-�-i���€Tem S�. ��3�e�y—�ve�t�e �,.v�,�,.r,., },. mr.,��. . (intentionally omitted) G���e � �ve�rse F .... �, ,.._^��o�� �,. „�;� �-�) (intentionally omitted) Prior Avenue from Gilbert Avenue southerly to Roblyn Avenue (r) Roblyn Avenue from Ferdinand Street easterly to Fairview Avenue (g) Old Fairview Avenue a. Shields Avenue southerly to St. Anthony Avenue (g) b. Roblyn Avenue southerly to Iglehart Avenue (g) 7. New Fairview Avenue from Shields Avenue southerly to Iglehart Avenue (r) L! lU-a6 79942-1 8. Concordia Avenue a. Aldine Street to 100 feet east of the centerline of Of Pierce Street (g) b. West Line of Aamline Avenue to 750 ' feet west of centerline Lexington Parkway {g) c. 100 feet west of centerline Oxford Street to 100 feet east of the centerline St. Albans Street (g) d. 550 feet east of centerline Dale Street to 300 feet east of centerline Farrington Street (g) 9. 11th Street from St. Peter Street easterly to Cedar Street (g) 10. 12th Street a. Rice Street easterly to Wabasha Street (r) b. Wabasha Street northeasterly to west line of Jackson Street (g) c. 450 feet east of centerline Jackson Street to 250 feet southwesterlv of centerline of Universit Avenue (g) � nn..,.�.a.� n.-...1 .. ,,.a F......., m.,.,,..t� v� ,�L... TT ZC�. ° .�r�.a ^ � -------- -° �- ---''--�- -- -�- =---- �-� (intentionally omitted) 12. Hudson Road a. Frank Street easterly to Griffith Street (g) b. Point Douglas Road easterly to Clarence Street (g} c. Birmingham Street easterly to ^^�v�:�'�� °���' 230 feet east of centerline of Birmingham Street (r) d. Maria Avenue easterly to Maple Street (g) e. Cypress Street (g) 13. Pacific Street from Maria Avenue easterly 5 10-06 79942-1 to Forest Street (r) 14. Pelham Boulevard from Wabash Avenue to 330 feet south (g) 15. Wi Avenue from Clarence Street easterly to Etna Street (g � 16. Clarence Street from Wilson Avenue southerly 130 feet (g) 17. Et na Str eet £rom Pacific Street southerly to Burns Avenue (g) 18. North Frontage Road (Audson Road) from Barclay Street e to Flandrau (g) 19. Burns Av enue from Suburban Avenue easterly to McKnight Road (g) The State will keep in its Right of Way all of the "on" and "off" ramps for Trunk Highway No. 94 intersection accesses. REVISION 3. Article II is Amended by adding a new section "o" o. A list of fiber optics locations. The City shall pay fo r restoration costs of Mn/DOT facilities as listed in t he f ollowing tabl if im acted by non Mn/DOT projects or developments. 0 t �, 79942-1 FIBER OPTIC LOCATIONS.ON I-94 TURNBACKS FROM 12th STREET AND PASCAL LOCATION MAP 12`" Street 3 3 St. Anthonv Avenue From John Ireland Bivd To Snellinq Concordia Concordia Concordia 2 AREA 94 And 12`" St And Jackson To Western Crossover UTILITY Connect MN Fiber 94 At 12`" And John Ireland I Mn/DOT Blvd Fiber 94 At Western North Service Rd 2 94 At East Of Dale 2 9A At Victoria 2 94 At Oxford Rd Service Service Service COMMENTS MnlDOT fiber is runnina from the BoRh RM/ and E. 1 St. to the Service crosses on the east side of Rd to the north side of St. Ant�onv South side of I-94 from Mn/DOT FMS cabinet eastward and crossinq Concordia Ave. to the south South side of I-94 East of Victoria. crossina Concordia Ave to th� 1 South side of I-94 & North side of Concordia from MNDOT FMS Service cabinet Eastward and crossina Concordia to the south iust east of North Side of I-94 Southside of St. St. Anthonv 2 � 94 At Dunloo Rd Service REVISION 4. Article IV Section A is Amended as follows: FUTURE RESPONSIBILITIES Upon execution and approval of this Agreement, �������u �•_ , the City shall thereafter accept full and total responsibility and all obligations and liabilities arising ouC of or by reason of the use, operation, maintenance, repair and/or reconstruction of the roadway portions described in Article I of this Agreement, without cost or expense to the State. 7 � �, 79942-1 E'�� s�a�' �he�ea€�e� e�a�e t�,� "f ""' `,.,,° y r—�� ee� €-rem ��e �3� ��' ��e�a��de ^^ „�� a -'��' ��� ,a m,. : �.. -. L_ n...-„] ....� .. '� _ ' - - _ _ "iiilir�'� ' " ' ' ' _ " ' "_ ' ' " '� " _' � " " � " ' " ' • ' "_ " " "' ' " _ o � THE CITY'S AUTAORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF THIS AGREEMENT IS JOHN MACZKO, CITY ENGINEER, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 1500 CITY HALL ANNEX, 25 WEST 4�' STREET, ST. FAUL, MN 55102, (651) 266-6137. EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. 79942 DATED NOVEMBER 20, 2001, SHALL REMAIN IN E'[TI,L FORCE AND EFFECT. 0 10-06 79942-1 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF ST. PAUL By Date By Title Date Mayor DEPARTT�NT OF TRANSPORTATZON Zecommended for approval: By ➢lstrict Engineei . Approved: By State Design Engineer Date Approved as, to form, and execuuon: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date F �� �