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Coancil File # ��� S�3
Presented by
Green Sheet# 3107476
RESOLUTION
CITY OF�SAINT„PAUL, MINNESOTA 1 7`
WHEREAS, the Ciry of Saint Paul has approximately 24.02 miles (ll 2.17 equivalent lane miles) of des�gnated trunk h��hways
lacated with�n the Saint Paul city ]im�ts which require annual routine mamtenance, and
WHEREAS, a two year Trunk Highway Maintenance Agreement tQumber 94685 effecqve from July 1, 2009 throu�h June 30,
2011 has been negotiated between the City of saint Paul and the State of Minnesota which details the terms and limits of city
force part�cipation toward the routine maintenance of the tru�ilc h�ghway system within the City of Saint Paul, and
WHEREAS, by [erms of the Trunk Highway Routine Maintenance Agreement A'umber 94688, the Minnesota Department of
Transportation (MnDO'1� agrees to pay to the City of Saint Paul the maximum amoun[ of $959,573 during the first year of this
Agreement and the maximum obligation during the second year of this Agreement �s �928,370 to provide annual routine
maimenance of the aforementioned trunk highway system with the time limits nofed, and
�uru�5
WHEREAS, upon receipt by the City of Saint Paul Department of Pubhc Works, the above finds encumbered by the State of
Mmnesota for payment to the City of Saint Paul aze already budgeted and will be deposited into Department of Public Works
accounts numbered 225- 42310-3450, 240-12005-345Q 240-12006-3450 and 240-12009-345Q now, therefore,
BE IT RESOLVED, that the Ciry of Saint Paul enter into Agreement Number 94688 w�th the Minnesota Deparhnent of
Transportatioq and
BE IT THEREFORE RBSOLVED, that the proper City officials aze hereby authorized and d�rected to execute sa�d agreement.
Bostrom
Carter
Thune
✓
Absent Reque
✓
By:
Appro
By:
Appro
By:
I i�> i v I / I Approved y Mayor for Submission to Council
AdoptedbyCouncil: Date S�vlv/�/l/ By: �_-�—�(��
Adoption Certified by Coun il Secretary
By. ,/�/�i ' �
Approv . Date 'T td
�
By:
� �.� to-S'�3 �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
' DepartmenUOffice/Council: ' Date Initiated:
I PW _ Public Works ; zo APR Zo,o ! G reen Sheet NO: 3107476
ContactPerson & Phone: � �
' John Maczko
26 6-6137 �
Assign
� Must Be on Council Agenda by (Dffie): j Number
For
; Routing
�� Doe. Type: RESOLUTION ., Order
E-Document Requiretl: Y
Document CoMact: Jeff Bots
Contact Phone: 266-6735
0 PublicWorks DepartmentAccountant �L -5
I Total # of Signature Pages _(Clip All Locations for Signature) �i,
, Action Requested: �
�'I Council approval [o enter into the attached Trunk Hiahway Routine Main[enance Agreeraent #9C688 between the City of Saint Pau] �I
and the Sta[e of Minnesota effective July 1, 2009 to June 30, 2011. This agreement details the terms and limits of city force i
�; participation towazd the toutine maintenance of the trunk highway system within the city limits of Saint Paul. j
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Setvice Gommission
Personal Service Contracts Must Answer the Following Questions:
t. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
I Initiating Problem, lssues, Opportunity (4Vho, What, When, Where, Why):
City of Saint Paul maintains a number of MnDOT trunk highways in St. Paul. The agreement is renewed every two years. This
I agreement includes an increase of $442,943 of the payment from MnDOT to the City. Agreement also includes some language
revisions based on joint effort of Minneapolis, St. Paul and MnDOT to move toward more accura[ely compensating cities for level of
I service provided.
Advantages If Approved:
Trunk highway system within the ciry limits of Saint Paul will receive coordinated routine maintenance. This agceement sets
framework for further discussion of service levels and methods of determining adequate paymen[ and cost reporting.
DisadvantageslfApproved:
None.
� Disadvantages If Not Approved:
� Payment will not be received for Trunk Highway rouline maintenance.
I
Total Amount of
Transaction: �1,887,943.00 CosURevenueBUdgeted: Y
Funding Souree: State of Minnesota/DOT Trunk pctivity Number: 225-42310-3450; 240-12005, 12006,
HighwayFunds 12009-3450 ������
Fioaocial Information: i--� "'
(Explain) ��
April 22, 2070 10:30 AM Page 1 �' "°����
10-543
PREPARED BY STATE OF MiSVNESOTA
METRO DISTRICT DEPARTMENT OF TRANSPORTATION
MAINTENANCE ROUTINEMAINTENANCEAGREEMENT
AGREEMENTBETWEEN
Mn/DOT
AGREEMENT NO.
94688
THE STATE OFMINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ST. PAUL
FOR
Routine maintenance of certain portions of trunk highways and bridges within and adjoining the corporate limits of
the City of St. Paul upon the terms and conditions set forth in this Agreement.
TOTALAGREEMENTAMOUNT
$1,887,943
AMOUNT TO BE ENCUMBERED
(Fiscal Year 2010)
$959,573
AMOUNT TO BE ENCUMBERED
(Fiscal Year 2011)
$928,370
AMOUNT RECEIVABLE
None
THIS AGREEMENT is by and hetween the State of Minnesota through its Commissioner of Transportation,
hereinafter referred to as `State', and the City of St. Paul, acting through its City Council, hereinafter referred to
as "City".
WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section
471.59; and
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10-543
MNDOT Agreement No. 94688
WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement
relaGng to the maintenance of trunk highways and bridges within the corporate limits of City upon the terms and
conditions set forth in this Agreement; and
WHERAS, it is in the interest of both parties to work cooperatively in delivering these services.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOW:
DUTIES OF THE CITY
A. City will provide for routine mainte�ance as defined in Section I, Paragraph F, on those portions of the
Trunk Highway (T.H.) roadways and bridges within the corporate limits of City as indicated on the map
titled Exhibit A, which is attached and incorporated into this Agreement, particularly as described as
follows for which calcuiations can be found in Exhibif B and C;
T.H. 5: The following 5.37 miles of trunk highway designated in the Minnesota Department of
Transportation (Mn/DOT) records as Control Sec6on No. 6201; beginning at Wheeler Avenue and
Fort Road, thence northeast on Fort Road to Wabasha Sfreet, thence east on Seventh Street to
Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway designated in MNDOT
records as Control Section No. 6228; beginning at Robert Street and Seventh Street; thence
easterly on Seventh Street to Sibley SVeet, thence easterly on Seventh Street to Mounds
Boulevard (T.H. 61); also the following 3.02 miles of Uunk highway designated in Mn/DOT
records as Control Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61),
thence easterly on Seventh Street to Minnehaha Avenue, thence easterly on Minnehaha Avenue
to the east City limits.
T.H. 13: The following 0.39 miles of trunk highway designated in Mn/DOT records as Control
Section No. 1902; beginning at the junction with Trunk Highway No. 149; thence westerly 0.39
mile on the south line of Ramsey County. Includes all portions of this highway located in the
corporate limits of West Sf. Paul and Mendota Heights.
T.H. 51: The following 6.09 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6215; beginning at the north City limits (Hoy[ Avenue) and Snelling Avenue, thence
south on Snelling Avenue to Montreal Avenue, thence east on Montreal Avenue to Fort Road
(T.H. 5). InGudes the portions of this highway located in the corporate limits of Falcon Heights.
T.H. 61 The following 3.41 miles of trunk highway designated in Mn/DOT records as ConVol
Section No. 6221; beginning at the junction of TH 94 and Mounds Boulevard, thence northwest
on Mounds Boulevard to East Seventh Street , thence northeast on East Seventh Street to
Arcade Street, thence north on Arcade Street to the north Ciry Limits.
T.H. 149 The following 1.46 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6223; beginning at the south City limits (jundion T.H. 13) and Smith Avenue, thence
north and northwesterly on Smith Avenue to Fort Road (T.H. 5).
T.H. 956 The foflowing 0.80 miies of trunk highway designated in Mn/DOT records as Control
Section No. 6219; beginning at the south City limits and Concord Street, thence northwest on
Concord Street to the west ramps of T,H_ 52.
T.H. 3 The following 2.50 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6217; beginning at the south City limits and Robert Street, thence north and
northwest on Robert Street to T.H. 94.
B. The above gross roadway descriptions have a total of 112.17 Equivalent Lane Miles, 24.02 centerline
miles, and 789,685 square yards of pavement area.
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10-543
Mn/DOT Agreement No. 94688
C. Bridges that are concurrent with the above roadway descriptions have a total of 6.53 Equivalent Lane
Miles or 413,868 square feet as measured from curb to curb.
D. The Agreement covers the deck area of bridges totaling 1,211,105 SF for Category A Bridge
Maintenance and 442,814 SF for Category B Bridge Maintenance.
E. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multiplied by
the length of the roadway, measure in miles, divided by a standard lane width of iwelve (12) feet.
F. City will provide routine maintenance on the above described roadways and bridges in accordance with
the standards and guidelines City uses to routinely maintain its highway system, with a goal of achieving
a Level of Service Long Term Target as defined in Exhibit D, which is based on Mn/DOT Products and
Services definitions, as follows:
1. CLEAR ROADWAYS: Keep the roadways, bridges, and pedestrian walkways reasonably free and
clear of ice and snow and undertake proper and timely cleaning of ice and snow when necessary, and
perform debris clearance to keep the same free and clear from obstructions and impedimenfs that
may interfere with the passage of vehicle, bicycle, and pedestrian traffic. Bridge ice and snow
removal will cover the entire bridge width without pushing ice or snow onto any roadway, railroad,
trail, path, or walkway located below the bridge. Perform sweeping on an agreed upon schedule; and
2. SMOOTH PAVEMENT: Maintain the roadways to keep in good repair. Maintenance will include
necessary routine maintenance to preserve the roadways, drainage structures, and sidewalks which
includes, but is not limited to, patching of the road surface and sidewalks, minor slope repairs, minor
curb and gutter repairs, and drainage structure cleaning and repair which does not require
excavation; all maintenance performed on drainage structures shall be coordinated with the State's
MS4 Engineer and documented as shown on the sample map and sample form found in Exhibit G;
and
3. SAFETY FEATURES: Maintain the highway safety devices such as: signing, fencing, guardrail and
attenuators. City shali also maintain fence that is within 30 feet of the end of the bridges as
referenced in Exhibit B. The State will furnish, for City installation, suitable route markers for the
guidance of tra�c on such trunk highways and attenuator/end treatment parts or replacement
attenuators, and guardrail parts for City maintenance and installation as necessary. State and City
will use the established Master Contract process to reimburse the City for installation of the
attenuatoNend treatments and guardrails; and
4. AVAILABLE BRIDGES: Pertorm routine maintenance and report all maintena�ce activities
performed to the State per Legislative Bridge Reporting Requirements on the sample form found in
Exhibit F(further defined as Category A and Category B) to preserve the bridges, retaining walls, and
noise walls in their present existing condition, including the following (see Exhibit B for bridge
identification):
a. Cateqorv A Maintenance: Category A bridges are generally those bridges that are City roadway
bridges over State trunk highways, bridges that are concurrent with the trunk highways listed in
Section 1A of this agreement, and pedestrian bridges. Maintenance includes: the proper and
timely cleaning and flushing of bridge deck drains and other substructure areas that do not
require lane closures on the roadway below the bridge, necessary curb, sidewalk and deck spall
patching with material approved by the Mn/DOT Metro Bridge Maintenance Office, minor bridge
railing repair, proper and timely sealing of cracks in the bridge wearing surface (does not include
hairline crack sealing or seal coating of the entire bridge deck), removal of graffiti, painting
repairs, proper and timely repair of expansion joint glands (does not include gland replacement),
replacement of light buibs, lamps, and electrical connections at fixtures, minor slope paving
maintenance, and proper and timely sweeping of the bridge surface and sidewalks; and
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MnlDOT Agreement No. 94688
b. Cateqorv B Maintenance: Category B bridges are generally those bridges that are State trunk
highway bridges over City streets. Maintenance includes: routine maintenance undemeath the
bridge (below the Mn/DOT highway elevation) inctuding, but not limited to, remova! of graffiti
(including backside of fhe bridge rail), painting repairs, replacement of light bulbs, lamps and
electrical connections at fixtures, minor slope paving maintenance, minor repair of and
maintenance of drainage structures, snow and ice removal and minor repair of sidewalks, stairs
and roadway below the MNDOT highway elevation and within MNDOT right-of-way, flushing of
the bearing assemblies, transient removal, debris removal, and landscaping maintenance; and
5. PERMITS: Administer, issue, regulate, and inspect transportation permits, and permits to maintain
existing utilities on the Trunk Highways described in Section I, Paragraph A; and
6. ATTRACTIVE ROADSIDES: Perform graffiti removal within the Trunk Highway right-of-way.
7. City will respond to and perform all Gopher State One Call locates on all Trunk Highway electrical
systems, except fiber optics not owned by City for the trunk highways described in Secfion I,
Paragraph A; and
8. The Level of Service Long Term Targets for the above mentioned responsibilities are further defined
in Exhibit D which was the resuR of a 2007 joint effort between the City of Minneapolis, City of St.
Paul, and MNDOT to clearly define the responsibilities in this agreement,
G. The City will include cleaning of the inside surface and support structure of the Plexiglas enclosures over
the walkways on the Cedar Street bridge crossing over TH 94 as part of theirroutine maintenance
responsibilities included in this Agreement. City is not responsible for cleaning the outside surtaces of
these Plexiglas enclosures.
H. City will fumish all labor, equipment, materials, supplies, tools, and other items necessary for the
pertormance of the services to be provided for by City under this Agreemerrt.
I. Ciiy will collect and report available, complete, and verifiable cost data for labor, equipment, and materials
to support the consideration and payment in Section V of this agreement.
J. AII materials used by City in the pertortnance of the work under this Agreement must conform to the
requirements of the current edition of the Minnesota Department of Transportation Standard
Specifications for ConsWction and td any subsequent amendments theretQ.
K. If there is a change in the routing of a Trunk Highway, a substitution of a new route for a Trunk Highway,
or a variation from the present Trunk Highway location by the State, City will maintain the new Trunk
Highway in accordance with this /\qreement during such period of subsfitution and will be paid the
amount to which it is enfitled under this Agreement. If State relocates any portion of the above described
Trunk Highways and the present roadway reverts to City, the City will maintain the reverted portion at it
sole cost and expense.
11. DUTIES OF THE STATE
A. State is responsible for any e�ctraordinary maintenance, betterment, construction, or reconstruction on the
Trunk Highways and bridges described in Section 1, Paragraph A. If State desires City to perform any
such work, the parties must enter into a separate agreement or Master Contract Work Order therefore.
Extraordinary maintenance, betterment, construction, or reconstruction includes, but is not limited to, seal
coat, overlay of the roadway surface, mill and overlay of the roadway surFace, replacement and repair of
guardrail and attenuators, replacement and repair of drainage structures and culverts which require
excavation, major washout repairs and Iifecycle replacement of state owned signs for reVo-reflectivity.
B. State will retain its authority to administer, issue, and regulate access permits, sign advertising permits,
drainage permits, and permits to install new utilities on the Trunk Highways described in Seciion I,
4-19-2010
10-543
Mn/DOT Agreement No. 94688
Paragraph A.
C. For the State owned bridges referenced in Exhibit B, the State shall be responsible for aIl bridge safety
inspections and for reporting into the Pontis Bridge Inspection System, thus the City will not be
responsible for the structural integrity of these bridges.
D. Maintain the pavement markings on trunk highways.
E. Attractive Roadsides: Perform routine maintenance of vegetation and landscaping, including necessary
and regular mowing, tree trimming, diseased tree removai, and litter or debris collection and disposal
within the Trunk Highway right-of-way per current state policy.
III. SEMI-ANNUAL INSPECTION
Authorized representatives of State and City will individually inspect roadways and bridges included in
this agreement and meet on a semi-annual basis to review the adequacy of the maintenance work being
pertormed, and to determine if any extraordinary maintenance, betterments, construction, or
reconstruction is required.
IV. LANE CLOSURES AND TRAFFIC CONTROL
A. The City may partially block the trunk highways and bridges for a period of time necessary for the
pertormance of the services covered under this Agreement. In cases of emergency, such trunk highways
and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time,
however, will the City continue to obstruct the free passage of traffic on the trunk highways or bridges for
a Ionger period of time than is required for performing the necessary work thereon. In the event of the
total blocking or closing of any such trunk highway or bridge, City must provide a suitable detour during
such time, with the assistance of State, as needed.
B. City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency
repair of water or gas mains, electric or telephone cables, or sewers. However, City will not cause any
portions of said trunk highways and bridges to be closed to traffic for any reasons other than those above
set forth, and in no event for a time longer than reasonably necessary to complete authorized work.
C. All partial and total closures of'the trunk highways and bridges covered under this Agreement must be in
conformance with the current Minnesota Manual on Uniform Traffic Control Devices, and City must
provide at least a 24 hour notice of these closures to the Mn/DOT Dispatch Center at 651-582-1550.
V. CONSIDERATION AND TERMS OF PRYMENT
A. State will pay to City the sum of $959,573 during the first year of this Agreement and the sum of $928,370
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 Section I of this Agreement. For historical reference, this figure
was determined during a 2010-2011 joint effort between the City of Minneapolis, City of St. Paul and
Mn/DOT to move toward more accurately compensating the Cities for work pertormed under this
agreement.
B. The City and State have agreed to continue to pursue discussions regarding services, resources, method
of determining adequate payment, and cost reporting format, within the structure of Exhibit D: Products
and Services Long Term Target. It is understood that the amount of payment does not match the City
Level ot Service Long Term Target out{ined in Exhibit D. State and City recognize this and will continue
to work toward a system where the amount of the payment fully funds the jointly agreed upon Level of
Service.
C. In the event there is a change as described in Section I, Paragraph K, in the roadways or bridges to be
a-�s-zoio 5
io-sa3
Mn/DOT Agreement No. 94688
maintained by City, or this Agreement is cancelled prior to June 30, 2011, the payment due to City will be
prorated for the full months and fractional months, if any, that the terms of this agreement are in effect.
D. During the term of this agreement, three lump sum payments will be made for Fiscal Year 2010 and
quarterly payments for Fiscal Year 2011 will be made to City in the amounts listed below.
Note that the 1 payment for Fiscal Year 2010 will include $31,203 as identified by the City for the work
the City of St. Paul performed regarding pavement marking and work associated with Attractive
Roadsides from July 1, 2009 through December 31, 2009.
Fiscal Year 2010
After June 30, 2009 and following
execufion of this agreement $ 263,295.50
January 1, 2010 $ 232,092.50
April 1, 2010 $ 232,092.50
June 30, 2010 $ 232,092.50
VI.
Fiseal Year 2011
October 1, 2010 $ 232,092.50
January 1, 2011 $ 232,092.50
April 1, 2011 $ 232,092.50
June 30, 2011 $ 232,092.50
State's maximum obligation during the first year of the Agreement is $ 959,573 and its maximum
obligation during the second year of this Agreement is $ 928,370. State's total obligation under this
Agreement is $1,887,943. Refer to Exhibit E as a reference to the work items and payments for the work
items included herein.
CONDITIONS OF PAYMENT
A. Payment will be made by State under this Agreement on a quarterly basis, as soon as possible after the
respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission
by City to State of a cost analysis listing all labor, materials, and equipment used by City during the
quarter, and an invoice for the services pertormed, and a certificate certifying that all work done during
the period for which City seeks payment has been performed in full conformity with this Agreement.
B. All services provided by City pursuant to this Agreement must be pertormed to the satisfaction of State,
as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph
C, and in accordance with all applicable federal, state, and local laws, ordinanCes, rules and regulations.
C. If City fails to perform any of the work axorcling to the terms bf this Agreement, State may pertorm such
work and may oflset any payment due to the Ciiy under this agreement by the amount of the labor,
overhead, and material costs incurred by the State in perForming such work. Pertormance of such work
by the State will not be construed as a waiver of the City's obligation to subsequently pertorm such work,
and the Ciiy will be entiUed to compensaGon, pursuant to this agreement, for subsequent work, which is
satisfactorily performed by the Ciiy. This paragraph will not be construed to relinquish any rights of
action, which may accrue on behalf of State as against City for any breach of contract.
VII.
1911A
TERM OFAGREEMENT
This Agreement will be in effect upon execution, retroactively to July 1, 2009. This Agreement will remain
in effect through June 30, 2011.
CANCELLATION
A. This Agreeme�t may be canceled by either party with sixty (60) days prior written notice to the other
party. In the event of such a cancellation, City will be entiUed to a prorated payment for the months and
fractional months, if any, that this Agreement was in affect.
B. The State may immediately terminate this contract 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 here. Terminadon must be by written or fax notice to the City. The
a-is-zoio 6
10-543
Mn/DOT Agreement No. 94688
State is not obligated to pay for any services that are provided after notice and effective date of
terminaGon, however, the City will be entitled to payment, determined on a pro rata basis, for services
satisfactorily pertormed to the extent that funds are available. The State must provide the City notice of
the lack of funding within a reasonabie time of the State's receiving that notice. '
IX. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly
Farraher, Assistant District Engineer— Maintenance, Minnesota Department of Transportation, Metro
District, 1500 West County Road 82, Roseville, MN 55113, (651) 234-7901, or her designee or
successor.
B. City's Authorized Representative for the purposes of the administration of this Agreement is Rich Lallier,
Director of Public Works, City of St. Paui, 1500 City Hall Annex, 25 West Fourth Street, St. Paul,
Minnesota 55102-1660, (651) 266-6099, or his successor.
C. State's Authorized Representative wiil have final authority for acceptance of City's services. If such
services are accepted as satisfactory, State's Authorized Representative wiil so certify on each invoice
submitted pursuant to Section V I, Paragraph A, and will authorize payment.
X. ASSIGNMENT
A. Neither party wili assign or transfer any rights or obligations under this Agreement, in whole or in part,
without prior written consent of the other.
B. Ail contracts and agreements made by either party with third parties for the pertormance of any work to
be done undes this Agreement must be made in accordance with the terms ot this Agreement and State
of Minnesotalaw.
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.
XI. MERGER/AMENDMENTS
This Agreement contains all negotiations and agreements beiween 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.
XII. LIABILITY
A. The employees and agents of the City will not be deemed to be employees of the State for any reason.
B. Each party will be solely responsible for its owrv acts and omissions, the acts and omissions of its
employees, and results thereof to the eutent authorized by law. The parties will not be responsible for the
acts of any others and the results thereof. Liability of State will be governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and the liability of 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 abligations pursuant to this Agreement.
C. Each party to this Agreement will defend at it sole cost and expense any action of proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection with or
by virtue of pertormance of its own work as provided herein.
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10-543
Mn/DOT Agreement No. 94688
XIII. WORKERS' COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
XIV. CIVIL RIGHTS
The City must comply with the provisions of Minnesota Statutes Sedion 181.59, and any applicable local
ordinance relating to civil rights and discrimination.
XV. STATE AUDITS
The books, records, documents, and accounting procedures and practices of City, relevant to this
Agreement, may be subject to examination by the Mn/DOT auditor, and the Legislative Auditor, or the
State Auditor, as appropriate, for no less than six years following the expiration of this Agreement.
XVI. DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to any information provided to or by a parly to this agreement.
XVII.
All exhitrits attached to this Agreement are deemed incorporated into this Agreement.
[the remainder of this page has been intentionally left blank]
a-�s-zo�o 8
10-543
Mn/DOT Agreement No. 94685
STATE ENCUMBRANCE VERIFICATION
Individual ce�es that funds have been encumbered as
required by Minnesota Statutes 16A.15 and 16C.05.
By
Date
MAPS Encumbrance No.
CITY OF ST. PAUL
By
Mayor
Date
B Y —
Title
Date
B y —
Title
Date
Approved as to form and execution:
By
Assistant City Attomey
Date
DEPARTMENT OFTRANSPORTATION
Recommended for approval:
By
Metro DisVict
Assistant District Engineer — Maintenance
Approved:
By
Metro District Engineer
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
4-19-2010 9
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EXHIBIT C: EQUNALENT LANE MILE CALCULATIONS FOR CIiY OF ST. PAUL
ROUTINE MAINTENANCE AGREEMENT
5/16/2008
Lene
�Qy Mlles
4 16.T16
4 4.016
4 4.]96
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4 2068
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LANEMRES 85
Gross Roadway EquivaleM Lane Miles 112.17
Roatl ELM concurtent wiN Bridga ELM G53
Net Roadway EqufiraleM Lane Miies 105.&t
Gross Roadway ELM ComeRed to SF(172.17ELM'63360SF/mi) T,1m,185
Comert Road ELM concurteMwith Britlga ELM W SF (6.53ELM'63360SFlmi) at�,e6e
ComeKNetRoadwayEquivalentLaneMilestoSF(105.64ELM'63360SF/mi) s,6AV,xss
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Convert Road ELM concurteMwNh Bridge ELM W SY (6.53ELM'63360SFImi'1SY/9SF) as,sas
ConvertNMRoadwayEquivaleMLaneMilestoSy(105.64ELM`63360SFlm� 1SY/9S� �a3,�ao
TotalCenterlanaMilm 24.0Y1
NOTE: Rek� Pdnb aa fmmACCUM Maesfrom MmDOT WgpointL'aC
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Coancil File # ��� S�3
Presented by
Green Sheet# 3107476
RESOLUTION
CITY OF�SAINT„PAUL, MINNESOTA 1 7`
WHEREAS, the Ciry of Saint Paul has approximately 24.02 miles (ll 2.17 equivalent lane miles) of des�gnated trunk h��hways
lacated with�n the Saint Paul city ]im�ts which require annual routine mamtenance, and
WHEREAS, a two year Trunk Highway Maintenance Agreement tQumber 94685 effecqve from July 1, 2009 throu�h June 30,
2011 has been negotiated between the City of saint Paul and the State of Minnesota which details the terms and limits of city
force part�cipation toward the routine maintenance of the tru�ilc h�ghway system within the City of Saint Paul, and
WHEREAS, by [erms of the Trunk Highway Routine Maintenance Agreement A'umber 94688, the Minnesota Department of
Transportation (MnDO'1� agrees to pay to the City of Saint Paul the maximum amoun[ of $959,573 during the first year of this
Agreement and the maximum obligation during the second year of this Agreement �s �928,370 to provide annual routine
maimenance of the aforementioned trunk highway system with the time limits nofed, and
�uru�5
WHEREAS, upon receipt by the City of Saint Paul Department of Pubhc Works, the above finds encumbered by the State of
Mmnesota for payment to the City of Saint Paul aze already budgeted and will be deposited into Department of Public Works
accounts numbered 225- 42310-3450, 240-12005-345Q 240-12006-3450 and 240-12009-345Q now, therefore,
BE IT RESOLVED, that the Ciry of Saint Paul enter into Agreement Number 94688 w�th the Minnesota Deparhnent of
Transportatioq and
BE IT THEREFORE RBSOLVED, that the proper City officials aze hereby authorized and d�rected to execute sa�d agreement.
Bostrom
Carter
Thune
✓
Absent Reque
✓
By:
Appro
By:
Appro
By:
I i�> i v I / I Approved y Mayor for Submission to Council
AdoptedbyCouncil: Date S�vlv/�/l/ By: �_-�—�(��
Adoption Certified by Coun il Secretary
By. ,/�/�i ' �
Approv . Date 'T td
�
By:
� �.� to-S'�3 �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
' DepartmenUOffice/Council: ' Date Initiated:
I PW _ Public Works ; zo APR Zo,o ! G reen Sheet NO: 3107476
ContactPerson & Phone: � �
' John Maczko
26 6-6137 �
Assign
� Must Be on Council Agenda by (Dffie): j Number
For
; Routing
�� Doe. Type: RESOLUTION ., Order
E-Document Requiretl: Y
Document CoMact: Jeff Bots
Contact Phone: 266-6735
0 PublicWorks DepartmentAccountant �L -5
I Total # of Signature Pages _(Clip All Locations for Signature) �i,
, Action Requested: �
�'I Council approval [o enter into the attached Trunk Hiahway Routine Main[enance Agreeraent #9C688 between the City of Saint Pau] �I
and the Sta[e of Minnesota effective July 1, 2009 to June 30, 2011. This agreement details the terms and limits of city force i
�; participation towazd the toutine maintenance of the trunk highway system within the city limits of Saint Paul. j
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Setvice Gommission
Personal Service Contracts Must Answer the Following Questions:
t. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
I Initiating Problem, lssues, Opportunity (4Vho, What, When, Where, Why):
City of Saint Paul maintains a number of MnDOT trunk highways in St. Paul. The agreement is renewed every two years. This
I agreement includes an increase of $442,943 of the payment from MnDOT to the City. Agreement also includes some language
revisions based on joint effort of Minneapolis, St. Paul and MnDOT to move toward more accura[ely compensating cities for level of
I service provided.
Advantages If Approved:
Trunk highway system within the ciry limits of Saint Paul will receive coordinated routine maintenance. This agceement sets
framework for further discussion of service levels and methods of determining adequate paymen[ and cost reporting.
DisadvantageslfApproved:
None.
� Disadvantages If Not Approved:
� Payment will not be received for Trunk Highway rouline maintenance.
I
Total Amount of
Transaction: �1,887,943.00 CosURevenueBUdgeted: Y
Funding Souree: State of Minnesota/DOT Trunk pctivity Number: 225-42310-3450; 240-12005, 12006,
HighwayFunds 12009-3450 ������
Fioaocial Information: i--� "'
(Explain) ��
April 22, 2070 10:30 AM Page 1 �' "°����
10-543
PREPARED BY STATE OF MiSVNESOTA
METRO DISTRICT DEPARTMENT OF TRANSPORTATION
MAINTENANCE ROUTINEMAINTENANCEAGREEMENT
AGREEMENTBETWEEN
Mn/DOT
AGREEMENT NO.
94688
THE STATE OFMINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ST. PAUL
FOR
Routine maintenance of certain portions of trunk highways and bridges within and adjoining the corporate limits of
the City of St. Paul upon the terms and conditions set forth in this Agreement.
TOTALAGREEMENTAMOUNT
$1,887,943
AMOUNT TO BE ENCUMBERED
(Fiscal Year 2010)
$959,573
AMOUNT TO BE ENCUMBERED
(Fiscal Year 2011)
$928,370
AMOUNT RECEIVABLE
None
THIS AGREEMENT is by and hetween the State of Minnesota through its Commissioner of Transportation,
hereinafter referred to as `State', and the City of St. Paul, acting through its City Council, hereinafter referred to
as "City".
WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section
471.59; and
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MNDOT Agreement No. 94688
WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement
relaGng to the maintenance of trunk highways and bridges within the corporate limits of City upon the terms and
conditions set forth in this Agreement; and
WHERAS, it is in the interest of both parties to work cooperatively in delivering these services.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOW:
DUTIES OF THE CITY
A. City will provide for routine mainte�ance as defined in Section I, Paragraph F, on those portions of the
Trunk Highway (T.H.) roadways and bridges within the corporate limits of City as indicated on the map
titled Exhibit A, which is attached and incorporated into this Agreement, particularly as described as
follows for which calcuiations can be found in Exhibif B and C;
T.H. 5: The following 5.37 miles of trunk highway designated in the Minnesota Department of
Transportation (Mn/DOT) records as Control Sec6on No. 6201; beginning at Wheeler Avenue and
Fort Road, thence northeast on Fort Road to Wabasha Sfreet, thence east on Seventh Street to
Robert Street (T.H. 952A); and the following 0.76 miles of trunk highway designated in MNDOT
records as Control Section No. 6228; beginning at Robert Street and Seventh Street; thence
easterly on Seventh Street to Sibley SVeet, thence easterly on Seventh Street to Mounds
Boulevard (T.H. 61); also the following 3.02 miles of Uunk highway designated in Mn/DOT
records as Control Section No. 6229; beginning at Seventh Street and Arcade Street (T.H. 61),
thence easterly on Seventh Street to Minnehaha Avenue, thence easterly on Minnehaha Avenue
to the east City limits.
T.H. 13: The following 0.39 miles of trunk highway designated in Mn/DOT records as Control
Section No. 1902; beginning at the junction with Trunk Highway No. 149; thence westerly 0.39
mile on the south line of Ramsey County. Includes all portions of this highway located in the
corporate limits of West Sf. Paul and Mendota Heights.
T.H. 51: The following 6.09 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6215; beginning at the north City limits (Hoy[ Avenue) and Snelling Avenue, thence
south on Snelling Avenue to Montreal Avenue, thence east on Montreal Avenue to Fort Road
(T.H. 5). InGudes the portions of this highway located in the corporate limits of Falcon Heights.
T.H. 61 The following 3.41 miles of trunk highway designated in Mn/DOT records as ConVol
Section No. 6221; beginning at the junction of TH 94 and Mounds Boulevard, thence northwest
on Mounds Boulevard to East Seventh Street , thence northeast on East Seventh Street to
Arcade Street, thence north on Arcade Street to the north Ciry Limits.
T.H. 149 The following 1.46 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6223; beginning at the south City limits (jundion T.H. 13) and Smith Avenue, thence
north and northwesterly on Smith Avenue to Fort Road (T.H. 5).
T.H. 956 The foflowing 0.80 miies of trunk highway designated in Mn/DOT records as Control
Section No. 6219; beginning at the south City limits and Concord Street, thence northwest on
Concord Street to the west ramps of T,H_ 52.
T.H. 3 The following 2.50 miles of trunk highway designated in Mn/DOT records as Control
Section No. 6217; beginning at the south City limits and Robert Street, thence north and
northwest on Robert Street to T.H. 94.
B. The above gross roadway descriptions have a total of 112.17 Equivalent Lane Miles, 24.02 centerline
miles, and 789,685 square yards of pavement area.
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Mn/DOT Agreement No. 94688
C. Bridges that are concurrent with the above roadway descriptions have a total of 6.53 Equivalent Lane
Miles or 413,868 square feet as measured from curb to curb.
D. The Agreement covers the deck area of bridges totaling 1,211,105 SF for Category A Bridge
Maintenance and 442,814 SF for Category B Bridge Maintenance.
E. Equivalent Lane Miles are equal to the roadway width between the curbs, measured in feet, multiplied by
the length of the roadway, measure in miles, divided by a standard lane width of iwelve (12) feet.
F. City will provide routine maintenance on the above described roadways and bridges in accordance with
the standards and guidelines City uses to routinely maintain its highway system, with a goal of achieving
a Level of Service Long Term Target as defined in Exhibit D, which is based on Mn/DOT Products and
Services definitions, as follows:
1. CLEAR ROADWAYS: Keep the roadways, bridges, and pedestrian walkways reasonably free and
clear of ice and snow and undertake proper and timely cleaning of ice and snow when necessary, and
perform debris clearance to keep the same free and clear from obstructions and impedimenfs that
may interfere with the passage of vehicle, bicycle, and pedestrian traffic. Bridge ice and snow
removal will cover the entire bridge width without pushing ice or snow onto any roadway, railroad,
trail, path, or walkway located below the bridge. Perform sweeping on an agreed upon schedule; and
2. SMOOTH PAVEMENT: Maintain the roadways to keep in good repair. Maintenance will include
necessary routine maintenance to preserve the roadways, drainage structures, and sidewalks which
includes, but is not limited to, patching of the road surface and sidewalks, minor slope repairs, minor
curb and gutter repairs, and drainage structure cleaning and repair which does not require
excavation; all maintenance performed on drainage structures shall be coordinated with the State's
MS4 Engineer and documented as shown on the sample map and sample form found in Exhibit G;
and
3. SAFETY FEATURES: Maintain the highway safety devices such as: signing, fencing, guardrail and
attenuators. City shali also maintain fence that is within 30 feet of the end of the bridges as
referenced in Exhibit B. The State will furnish, for City installation, suitable route markers for the
guidance of tra�c on such trunk highways and attenuator/end treatment parts or replacement
attenuators, and guardrail parts for City maintenance and installation as necessary. State and City
will use the established Master Contract process to reimburse the City for installation of the
attenuatoNend treatments and guardrails; and
4. AVAILABLE BRIDGES: Pertorm routine maintenance and report all maintena�ce activities
performed to the State per Legislative Bridge Reporting Requirements on the sample form found in
Exhibit F(further defined as Category A and Category B) to preserve the bridges, retaining walls, and
noise walls in their present existing condition, including the following (see Exhibit B for bridge
identification):
a. Cateqorv A Maintenance: Category A bridges are generally those bridges that are City roadway
bridges over State trunk highways, bridges that are concurrent with the trunk highways listed in
Section 1A of this agreement, and pedestrian bridges. Maintenance includes: the proper and
timely cleaning and flushing of bridge deck drains and other substructure areas that do not
require lane closures on the roadway below the bridge, necessary curb, sidewalk and deck spall
patching with material approved by the Mn/DOT Metro Bridge Maintenance Office, minor bridge
railing repair, proper and timely sealing of cracks in the bridge wearing surface (does not include
hairline crack sealing or seal coating of the entire bridge deck), removal of graffiti, painting
repairs, proper and timely repair of expansion joint glands (does not include gland replacement),
replacement of light buibs, lamps, and electrical connections at fixtures, minor slope paving
maintenance, and proper and timely sweeping of the bridge surface and sidewalks; and
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MnlDOT Agreement No. 94688
b. Cateqorv B Maintenance: Category B bridges are generally those bridges that are State trunk
highway bridges over City streets. Maintenance includes: routine maintenance undemeath the
bridge (below the Mn/DOT highway elevation) inctuding, but not limited to, remova! of graffiti
(including backside of fhe bridge rail), painting repairs, replacement of light bulbs, lamps and
electrical connections at fixtures, minor slope paving maintenance, minor repair of and
maintenance of drainage structures, snow and ice removal and minor repair of sidewalks, stairs
and roadway below the MNDOT highway elevation and within MNDOT right-of-way, flushing of
the bearing assemblies, transient removal, debris removal, and landscaping maintenance; and
5. PERMITS: Administer, issue, regulate, and inspect transportation permits, and permits to maintain
existing utilities on the Trunk Highways described in Section I, Paragraph A; and
6. ATTRACTIVE ROADSIDES: Perform graffiti removal within the Trunk Highway right-of-way.
7. City will respond to and perform all Gopher State One Call locates on all Trunk Highway electrical
systems, except fiber optics not owned by City for the trunk highways described in Secfion I,
Paragraph A; and
8. The Level of Service Long Term Targets for the above mentioned responsibilities are further defined
in Exhibit D which was the resuR of a 2007 joint effort between the City of Minneapolis, City of St.
Paul, and MNDOT to clearly define the responsibilities in this agreement,
G. The City will include cleaning of the inside surface and support structure of the Plexiglas enclosures over
the walkways on the Cedar Street bridge crossing over TH 94 as part of theirroutine maintenance
responsibilities included in this Agreement. City is not responsible for cleaning the outside surtaces of
these Plexiglas enclosures.
H. City will fumish all labor, equipment, materials, supplies, tools, and other items necessary for the
pertormance of the services to be provided for by City under this Agreemerrt.
I. Ciiy will collect and report available, complete, and verifiable cost data for labor, equipment, and materials
to support the consideration and payment in Section V of this agreement.
J. AII materials used by City in the pertortnance of the work under this Agreement must conform to the
requirements of the current edition of the Minnesota Department of Transportation Standard
Specifications for ConsWction and td any subsequent amendments theretQ.
K. If there is a change in the routing of a Trunk Highway, a substitution of a new route for a Trunk Highway,
or a variation from the present Trunk Highway location by the State, City will maintain the new Trunk
Highway in accordance with this /\qreement during such period of subsfitution and will be paid the
amount to which it is enfitled under this Agreement. If State relocates any portion of the above described
Trunk Highways and the present roadway reverts to City, the City will maintain the reverted portion at it
sole cost and expense.
11. DUTIES OF THE STATE
A. State is responsible for any e�ctraordinary maintenance, betterment, construction, or reconstruction on the
Trunk Highways and bridges described in Section 1, Paragraph A. If State desires City to perform any
such work, the parties must enter into a separate agreement or Master Contract Work Order therefore.
Extraordinary maintenance, betterment, construction, or reconstruction includes, but is not limited to, seal
coat, overlay of the roadway surface, mill and overlay of the roadway surFace, replacement and repair of
guardrail and attenuators, replacement and repair of drainage structures and culverts which require
excavation, major washout repairs and Iifecycle replacement of state owned signs for reVo-reflectivity.
B. State will retain its authority to administer, issue, and regulate access permits, sign advertising permits,
drainage permits, and permits to install new utilities on the Trunk Highways described in Seciion I,
4-19-2010
10-543
Mn/DOT Agreement No. 94688
Paragraph A.
C. For the State owned bridges referenced in Exhibit B, the State shall be responsible for aIl bridge safety
inspections and for reporting into the Pontis Bridge Inspection System, thus the City will not be
responsible for the structural integrity of these bridges.
D. Maintain the pavement markings on trunk highways.
E. Attractive Roadsides: Perform routine maintenance of vegetation and landscaping, including necessary
and regular mowing, tree trimming, diseased tree removai, and litter or debris collection and disposal
within the Trunk Highway right-of-way per current state policy.
III. SEMI-ANNUAL INSPECTION
Authorized representatives of State and City will individually inspect roadways and bridges included in
this agreement and meet on a semi-annual basis to review the adequacy of the maintenance work being
pertormed, and to determine if any extraordinary maintenance, betterments, construction, or
reconstruction is required.
IV. LANE CLOSURES AND TRAFFIC CONTROL
A. The City may partially block the trunk highways and bridges for a period of time necessary for the
pertormance of the services covered under this Agreement. In cases of emergency, such trunk highways
and bridges may be wholly blocked and the passage of traffic thereon prevented by the City. At no time,
however, will the City continue to obstruct the free passage of traffic on the trunk highways or bridges for
a Ionger period of time than is required for performing the necessary work thereon. In the event of the
total blocking or closing of any such trunk highway or bridge, City must provide a suitable detour during
such time, with the assistance of State, as needed.
B. City may close to travel the trunk highways and bridges at such time as it is necessary for the emergency
repair of water or gas mains, electric or telephone cables, or sewers. However, City will not cause any
portions of said trunk highways and bridges to be closed to traffic for any reasons other than those above
set forth, and in no event for a time longer than reasonably necessary to complete authorized work.
C. All partial and total closures of'the trunk highways and bridges covered under this Agreement must be in
conformance with the current Minnesota Manual on Uniform Traffic Control Devices, and City must
provide at least a 24 hour notice of these closures to the Mn/DOT Dispatch Center at 651-582-1550.
V. CONSIDERATION AND TERMS OF PRYMENT
A. State will pay to City the sum of $959,573 during the first year of this Agreement and the sum of $928,370
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 Section I of this Agreement. For historical reference, this figure
was determined during a 2010-2011 joint effort between the City of Minneapolis, City of St. Paul and
Mn/DOT to move toward more accurately compensating the Cities for work pertormed under this
agreement.
B. The City and State have agreed to continue to pursue discussions regarding services, resources, method
of determining adequate payment, and cost reporting format, within the structure of Exhibit D: Products
and Services Long Term Target. It is understood that the amount of payment does not match the City
Level ot Service Long Term Target out{ined in Exhibit D. State and City recognize this and will continue
to work toward a system where the amount of the payment fully funds the jointly agreed upon Level of
Service.
C. In the event there is a change as described in Section I, Paragraph K, in the roadways or bridges to be
a-�s-zoio 5
io-sa3
Mn/DOT Agreement No. 94688
maintained by City, or this Agreement is cancelled prior to June 30, 2011, the payment due to City will be
prorated for the full months and fractional months, if any, that the terms of this agreement are in effect.
D. During the term of this agreement, three lump sum payments will be made for Fiscal Year 2010 and
quarterly payments for Fiscal Year 2011 will be made to City in the amounts listed below.
Note that the 1 payment for Fiscal Year 2010 will include $31,203 as identified by the City for the work
the City of St. Paul performed regarding pavement marking and work associated with Attractive
Roadsides from July 1, 2009 through December 31, 2009.
Fiscal Year 2010
After June 30, 2009 and following
execufion of this agreement $ 263,295.50
January 1, 2010 $ 232,092.50
April 1, 2010 $ 232,092.50
June 30, 2010 $ 232,092.50
VI.
Fiseal Year 2011
October 1, 2010 $ 232,092.50
January 1, 2011 $ 232,092.50
April 1, 2011 $ 232,092.50
June 30, 2011 $ 232,092.50
State's maximum obligation during the first year of the Agreement is $ 959,573 and its maximum
obligation during the second year of this Agreement is $ 928,370. State's total obligation under this
Agreement is $1,887,943. Refer to Exhibit E as a reference to the work items and payments for the work
items included herein.
CONDITIONS OF PAYMENT
A. Payment will be made by State under this Agreement on a quarterly basis, as soon as possible after the
respective dates of October 1, January 1, April 1, and June 30 of each fiscal year, upon the submission
by City to State of a cost analysis listing all labor, materials, and equipment used by City during the
quarter, and an invoice for the services pertormed, and a certificate certifying that all work done during
the period for which City seeks payment has been performed in full conformity with this Agreement.
B. All services provided by City pursuant to this Agreement must be pertormed to the satisfaction of State,
as determined at the sole discretion of its Authorized Representative pursuant to Section IX, Paragraph
C, and in accordance with all applicable federal, state, and local laws, ordinanCes, rules and regulations.
C. If City fails to perform any of the work axorcling to the terms bf this Agreement, State may pertorm such
work and may oflset any payment due to the Ciiy under this agreement by the amount of the labor,
overhead, and material costs incurred by the State in perForming such work. Pertormance of such work
by the State will not be construed as a waiver of the City's obligation to subsequently pertorm such work,
and the Ciiy will be entiUed to compensaGon, pursuant to this agreement, for subsequent work, which is
satisfactorily performed by the Ciiy. This paragraph will not be construed to relinquish any rights of
action, which may accrue on behalf of State as against City for any breach of contract.
VII.
1911A
TERM OFAGREEMENT
This Agreement will be in effect upon execution, retroactively to July 1, 2009. This Agreement will remain
in effect through June 30, 2011.
CANCELLATION
A. This Agreeme�t may be canceled by either party with sixty (60) days prior written notice to the other
party. In the event of such a cancellation, City will be entiUed to a prorated payment for the months and
fractional months, if any, that this Agreement was in affect.
B. The State may immediately terminate this contract 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 here. Terminadon must be by written or fax notice to the City. The
a-is-zoio 6
10-543
Mn/DOT Agreement No. 94688
State is not obligated to pay for any services that are provided after notice and effective date of
terminaGon, however, the City will be entitled to payment, determined on a pro rata basis, for services
satisfactorily pertormed to the extent that funds are available. The State must provide the City notice of
the lack of funding within a reasonabie time of the State's receiving that notice. '
IX. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly
Farraher, Assistant District Engineer— Maintenance, Minnesota Department of Transportation, Metro
District, 1500 West County Road 82, Roseville, MN 55113, (651) 234-7901, or her designee or
successor.
B. City's Authorized Representative for the purposes of the administration of this Agreement is Rich Lallier,
Director of Public Works, City of St. Paui, 1500 City Hall Annex, 25 West Fourth Street, St. Paul,
Minnesota 55102-1660, (651) 266-6099, or his successor.
C. State's Authorized Representative wiil have final authority for acceptance of City's services. If such
services are accepted as satisfactory, State's Authorized Representative wiil so certify on each invoice
submitted pursuant to Section V I, Paragraph A, and will authorize payment.
X. ASSIGNMENT
A. Neither party wili assign or transfer any rights or obligations under this Agreement, in whole or in part,
without prior written consent of the other.
B. Ail contracts and agreements made by either party with third parties for the pertormance of any work to
be done undes this Agreement must be made in accordance with the terms ot this Agreement and State
of Minnesotalaw.
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.
XI. MERGER/AMENDMENTS
This Agreement contains all negotiations and agreements beiween 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.
XII. LIABILITY
A. The employees and agents of the City will not be deemed to be employees of the State for any reason.
B. Each party will be solely responsible for its owrv acts and omissions, the acts and omissions of its
employees, and results thereof to the eutent authorized by law. The parties will not be responsible for the
acts of any others and the results thereof. Liability of State will be governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and the liability of 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 abligations pursuant to this Agreement.
C. Each party to this Agreement will defend at it sole cost and expense any action of proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection with or
by virtue of pertormance of its own work as provided herein.
4-19-2010
10-543
Mn/DOT Agreement No. 94688
XIII. WORKERS' COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
XIV. CIVIL RIGHTS
The City must comply with the provisions of Minnesota Statutes Sedion 181.59, and any applicable local
ordinance relating to civil rights and discrimination.
XV. STATE AUDITS
The books, records, documents, and accounting procedures and practices of City, relevant to this
Agreement, may be subject to examination by the Mn/DOT auditor, and the Legislative Auditor, or the
State Auditor, as appropriate, for no less than six years following the expiration of this Agreement.
XVI. DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to any information provided to or by a parly to this agreement.
XVII.
All exhitrits attached to this Agreement are deemed incorporated into this Agreement.
[the remainder of this page has been intentionally left blank]
a-�s-zo�o 8
10-543
Mn/DOT Agreement No. 94685
STATE ENCUMBRANCE VERIFICATION
Individual ce�es that funds have been encumbered as
required by Minnesota Statutes 16A.15 and 16C.05.
By
Date
MAPS Encumbrance No.
CITY OF ST. PAUL
By
Mayor
Date
B Y —
Title
Date
B y —
Title
Date
Approved as to form and execution:
By
Assistant City Attomey
Date
DEPARTMENT OFTRANSPORTATION
Recommended for approval:
By
Metro DisVict
Assistant District Engineer — Maintenance
Approved:
By
Metro District Engineer
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
4-19-2010 9
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EXHIBIT C: EQUNALENT LANE MILE CALCULATIONS FOR CIiY OF ST. PAUL
ROUTINE MAINTENANCE AGREEMENT
5/16/2008
Lene
�Qy Mlles
4 16.T16
4 4.016
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LANEMRES 85
Gross Roadway EquivaleM Lane Miles 112.17
Roatl ELM concurtent wiN Bridga ELM G53
Net Roadway EqufiraleM Lane Miies 105.&t
Gross Roadway ELM ComeRed to SF(172.17ELM'63360SF/mi) T,1m,185
Comert Road ELM concurteMwith Britlga ELM W SF (6.53ELM'63360SFlmi) at�,e6e
ComeKNetRoadwayEquivalentLaneMilestoSF(105.64ELM'63360SF/mi) s,6AV,xss
Gross Roadway ELM Converted M SY(112.17ELM'63360SF/m� 1SY/9SF) le9,e85
Convert Road ELM concurteMwNh Bridge ELM W SY (6.53ELM'63360SFImi'1SY/9SF) as,sas
ConvertNMRoadwayEquivaleMLaneMilestoSy(105.64ELM`63360SFlm� 1SY/9S� �a3,�ao
TotalCenterlanaMilm 24.0Y1
NOTE: Rek� Pdnb aa fmmACCUM Maesfrom MmDOT WgpointL'aC
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