The URL can be used to link to this page

98-595�� Council File # �� _ �+ vS RESOLUTION Green Sheet # 24 �Z 3 `,�� ITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 1S 17 i8 19 20 21 22 23 24 25 Commi.ttee: Date WHEREAS, the City of Saint Paul has approximately 26.91 miles (131.51 equivalent lane miles) of designated trunk highways located within the aty limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 76160 and effective from July 1, 1997 through June 30, 1999 has been negotiated between the City of Saint Paul and the State of Minnesota wfiich details the terms and fimits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 76160, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $398,080.76 per fiscal year to provide annual routine maintenance to the aforementioned trunk highway system within the time limits noted, and WHEREAS, upon receipt by the City of Saint Paui Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the Ciry of Saint Paul enter into Agreement Number 76160 with the Minnesata Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to execute said agreement ^ „ � Requested by Department of: Public Works By: Stacy M. ecker, Director Adoption Ce By; � Approved -by By: Form Approved by City Attorney B ;� � � Adopted by Council: Date �2_Ca�� 4�—S9S OEPARIYENTADFFK�OINICIL ��RU�� GREEN SHEET No �2as2s �' PuWic Works June 9. 1998 �� A� wrtuwarE ca�rtacraErsor�ar�; ��a�wrwEaraaECroa �cmcouwca GaryErichson 266-6229 . , nsscn �crtr�rrowgr . . cma.ewc YUSTBEONCOIAJCLAQElWBYIDAiEI N RO ill�K.� � , �8lll1CiETDIqEC70R J iSI_� (� (-l-t� ��•1s2Y.1�I � �WYOfi(ORASSISTANij � . . TOTALiOF9Ki1MTUfEPAfiES G (CUpALLLOCA710M6Fpt81GINNfiq �ASSOCU7E �DEPT.IICCWNTANT �O L� OGT10N fiE�UESZE6 Council approval of aftached Routine MaiMenance AgreemeM #76160 beiween the City of Sairrt Paul and the State of Minnesop �fective from July 1, 1997 to June 30. 1999. This agreemeM detai� the terms arid limits of pty force participation toward the routine mairrtenance of the W nk highway system wihin the Ciry of SaiM Paul. The Minnesota State DepartmeM of Transportatan agrees to pay to the Ciry of SaiM Paul $398,080.76 per fiscal year fw the routine maiMenance of trunk highways wi[hin Saint Paul ciry Iimits. pECOMMEI�ATIONS:IpMwe W a N7a (ftl PERSONAL SEHVICE CONiHACfS YU3T ANSWEN THE FOLLOWING QUESTIONS: _ PLMNHJG COYYLSSION _GIVR. SEFiVICE COMNSSION 1. Has tl�ie persoNfirm� worked urMer a ContraU for Ulis depar�nem? CIB COMMITTEE 2 HSS ihie Y ae aon/fum e�rer been a ary empoyce? — — YES NO — S7AFF _ � ia PereOr✓Brm Poasees a skill rrot notmalN Po%5essed by any curtent ary D�STRICTCOUMCIL YES MO suaPOars wtiMkt CouNC0. aBJ[crrvE9 �� aY yas owwas m sapara�� ha�t a�d mtaeh io graen sheN INIiWTM1G PIi�LEM, ISSUE.OPPOR7UNf1V (NMO, WHAT, WFiEN, WHEPE, WHV): Routine maintenance responsibility of the trunk highway system within City of Saint Paul city limits. ADVANTAGES IF MPROVED: Trunk highway system within C'ity of Saint Paul city limfts will receive routine maintenance by one agency. ?� h A" �, � C� -� � � . . . ��..'e... � � t: DISADVANT0.GES IF APPqOVED: None �:�iV' � � 3�� a .k, t`.��'�� DISADVAMAGESIFNOTAPPROVED: � . T Another agreemerrt will have to be negotiated. �� ,UN � . __ - �a,,,.. TOTALAMOUHTOFTMNSACTIONS $398,080.76perfiscalYear �TJpE�ENUEBUDGETED�CIHCLE�ONE) rES rio wN�*�� TrunkHiohwavfunds ACITVRYNUYBER ��'�'240-�ZWS3450'240.�ZU(�3450 FINANCIAI. NJFORMATION: (E%PLAIt� .. ,' MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT � - S ° �5 PREPAREp BY Mn/DOT METRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 76160 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CiIY OF S�. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the r,orporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Amount Encumbered $398.080.76 (Per Fiscal Year) Two Year Contract 7!1/97 - 6/30/99 � ; - i Mn/DOT Agreement No. 76160 Accounting information: Processing information: Contract:�J9�� .�-a79� r�/77� Number/Date/Entry In+tials Order. �li �-�17-�� ,�',� N umber/Date/Signatures [lndividua/ signing ceKifies that funds have been encumbered as required by Minn. Stai. § 16A.15.j Budget Office: (Authorized Signature) atg-595 Mn/DOT Agreement No. 76160 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transpor[ation, hereinaRer referted to as °MnfDQT", and the City of St. Paul, a body potitiC and corpcsrate undes the laws o4 the State a4 Minnesota, hereinafter referred to as the "City", WHEREAS, MnfDOT and the C+ty are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1996); and WkiEREAS, Qursuant to Minnesoha Statutes, Section 161.38 (1996), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance on those portions of the trunk highways and bridges within the corporate limits of the City partfcularly descrSbed as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 equivalent lane No. 5 miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the fotlowing 0.76 miles of trunk highway consisfing of 3.78 equivalent lane miles and designated in the Minnesota Department of Trensportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easteriy on Seventh Street to Mounds Boulevard (T.H. 61); also the foliowing 3.02 miles of trunk highway consisting of 9.37 equivalent lane miles and designated in the Minnesota Department of Transportation records as Controi 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 Av2nue to the east City fimits. This description has a totai of 38.62 Equivalent Lane Miles. ��-s�s Mn/DOT Agreement No. 76160 Trunk tiighway The foifowing 0.39 miie of trunk h9ghway consisting of 1.01 equivafent fane miles, No. 13 and designated in the Minnesota Department of Transportation records as Confrol Section No. 1902; beginning at thejunction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miies. Trunk fiigfiway The following 0.15 mi{e of roadway on Eleventh Street and on Tweifth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This description has a totai of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.48 miles of trunk highway consisting of 9.91 equivalent lane miles, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Avenue (T.H. 952A). This description has a total of 9.91 Equivaient Lane Miles. Trunk Highway The foflowing 6.11 miies of trunk highway consisting of 36.30 equivalent lane No. 51 miles, and designated in the Minnesota Department of Transportation records as Contro4 Sectio� No. 6215; beginning at ihe north City limits (Hoyt Avenue) and Sneiling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence east on Montreal Avenue to Fort Road (T.H. 5). includes ail portions of this highway located in tfie corporate limits of Fafcon Heights. This description has a total of 36.30 Equivalent Lane Miles. Trunk Highway 'ihe foilowing 3.19 miles ot trunk highway consisting of 13.73 equivalent Iane miles No. 61 and designated in the Minnesota Department of Transportation records as Contro� Section No. 6221; beginning at the junction of Interstate 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 City limits. This description has a total of 13.73 Equivalent Lane Miies. Trunk Highway The foliowing 1.52 miles ofi trunk highway consisGng of 5.61 equivalent lane miles, No. 149 and designated in the Minnesota Department o[ Traasportation records as Control Section No. 6223; beginning at the south City iimits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivafent Lane Miles. 9.�- s�s MNDOT Agreement No. 76160 Trunk Highway The following 0.80 miie of trunk highway consisting of 3.40 equivalent lane miles, No. 156 and designated in the Minnesota Department of Transportation records as Control Section No. 6219; beginning at the south City fimits and Concord Street; thence northwest on Goncord Street to the west ramps ot Trunk Highway 52. This description has a totai of 3.40 Equivalent Lane Miles. Trunk Highway The fotlowing 3.12 miles of trunk highway consisting of 13.18 equivalent lane No. 952A miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a total of 13.18 Equivalent Lane Miles. The above roadway descriptions have a totai of 123.07 Equivaient Lane Miles. All pedestrian and roadway bridges over aii MnIDOT fteeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 137.51 Equivalent Lane Miles. Equivalent Larte Mifes are equal to the roadway width between the curbs, measured in feet, muitiplied by the length of the roadway, measured in miies, divided by a standard lane width of Cxeive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidefines the City uses to routineiy maintain its highway system, and shall inciude the foliowing: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shall include aii necessary routine maintenance to preserve the roadbed, bridges, drainage structures and right-of-way in their present condition, inciuding, but not limited to, patching of the road surface, joint and crack sealing of the surtace, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning end repair, ditch cleaning, sweeping, and debris ctearance. Maintenance shaii cover the entire width of the roadway and its appurtenances, such as: shouiders, drainage ditches, curb and gutter, and sidewalk 'rf present. a �-s°�5 Mn/DOT Agreement No. 76160 2. Pertorm routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spali patching, minor bridge raiiing repair, proper and time(y sealing of ccacks in bituminous surfaced bridges, removai of graffiti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. Keep the roadways, bridges and pedestrian waikways reasonably free and clear from ice and snow, and undertake proper cleaning, and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices such as guardraii and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that Mn/DOT wili furnish, install and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. Perform all necessary maintenance of vegetation including necessary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate and inspect transportation permits, adopt-a-highway permits, and permits to mai�tain existi�g utilities on the trunk highways described in Section I, paragraph A. MnlDOT shall 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 Section I, paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shaii fumish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of the services to be provided for by the City under this Agreement. D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for ConsVUCtion, 1995 Edition, and ta any subsequent amendments thereto. c��-S°�5 Mn/DOT Agreement No. 76160 E. 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 ftom the present trunk highway location by Mn/DOT, the City shall maintain the new Vunk h(ghway in accordance with this Agreement during such period of substitution and shail be paid the amount to which it is enYitled under this Agreement. If Mn/DOT relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wii{ maintain tfie reverted portion at its sole cost and expense. If. DUTIES OF MnlDOT A. Mn/DOT is responsible for any extraordinary maintenance, betterments, construction or reconstruction on the trunk highways described in Section f, paragraph A. If Mn/DOT desires the City to pertorm any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction or reconstruction shali inciude, but not be limited to, overlay of the roadway surtace, milling and overlay of the roadway surFace, replacement of drainage structures and cuiverts, and major washout repairs. B. Mn/DOT shail 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 Section I, paregraph A. Mn/DOT shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, paragraph B. Mn/DOT's Authorized Representative witi inform the City, at least twe�ty-four (24) hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any Iane closures or tra�c restrictions associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of Mn/DOT and the City shali jointly inspect tfie highways and bridges on an annua{ basis to review the adequacy of the maintenance work being pertormed, and to determine if any extraordinary maintenance, betterments, construction or reconstruction is required. a�-s�s Mn1DOT Agreement No. 76160 IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partialiy block the trunk highways and bridges for a period of time necessary for the performance of the services covered under this Agreement. In cases of emergency, such trunk highways and br+dges may be whofly biocked and the passage of traffic thereon prevented by the City. At no time, however, shali the City confinue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or c4osing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of Mn/DOT, as needed. B. The City may close to travei 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, the City shail 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 partia� and total closures of the trunk highways and bridges covered under this Agreement shal! be in con4ormance �vith the current Minnesota Manual on tSniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. Mn/DOT will pay to the City the sum of Three Thousand, Twenty-seven and No/100 Doi�ars ($3,027.00) per Equivalent Lane Miie, per year, duri�g the term of this Agreement for the pertormance of the work and the fumishing of labor, equipment and materiais as set forth in this Agreement. This payment shall be considered full and compiete compensation for ail work to be pertormed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 1999, or there is a reduction in the equivalent lane miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. �t � 'Sq5 A Mn/DOT Agreement No. 76160 VI. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed befow. Fiscai Year 1998 October 1, 1997 .fanuary 1, 1998 April 1, 1998 June 30,1998 $ 99,520.19 $ 99, 520.19 $ 99,520.19 $ 99,520.19 Fiscal Year 1999 October 1, 1998 $ 99,520.19 January 1, 1999 April 1, 1999 June 30, 1999 $ 99,520.19 $ 99,520.19 $ 99,520.19 D. Mn/DOT's maximum obligation during the first year of this Agreement is $398,080.76, and its maximum obligation during the second year of this Agreement is $398,080.76. CONDITIONS OF PAYMENT A. Payment shall be made by Mn/DOT under this Agreement on a quarterly basis, as soon as ,�ossible after the respective dates of October 1, January 1, April 1 and June 30 of each fiscal year, upon tHe submission by the City to Mn/DOT of a cost anaiysis listing all labor, materiais and equipment used by the City during the quarter, and an invoice for the services performed, and a certificate certifying that afl work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Atf services provided by the City pursuant to this Agreement shail be perfiormed to the satisfaction of Mn/DOT, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, paragraph A, and in accordance wEth alf appiicable federal, state, and local laws, ordinances, rules and regufations. C. If the City tails to pertorm any of the work according to the terms of this Agreement, Mn/DOT may perEorm such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement, any amount of Mn/DOTs costs and any additionaf amounts required 7 a C�- S�S Mn/DOT Agreement No. 76160 for the completion of the work. If MnlDOT retains any payment under this Agreement because of the City's inadequate work, and the work is subsequenUy made adequate by the City, MNDOT shall immediately pay to the City the amount of payment witMheid. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of Mn/DOT as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1997 and shali remain in effect through June 30, '1999, subject to the legislature providing to MnIDOT sufficient appropriations for this Agreement for each fiscal year during the term of this Agreement. VIIL CANCELLATION This Agreement may he canceled by either party with sixty (60) days' prior written notice to the other party, In the event of such a cancellation, the City shall be entitied to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AUTHORIZED REPRESENTATIVE ?,. Mn/DOT's Authorized Representative for the purposes ot the administration of this Agreement is Terry L. Zoiler, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (612)582-1424, or his successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Dirsctos of Public Works, City of Sf. Paut, 600 City Haii Annex, 25 West Fourth Street, St. Paul, Minnesota 55102-16fi0, (612)266-6070, or his successor. C. MnIDOT's Authorized Representative shall have finai authority for acceptance of the City's services. if such services are accepted as satisfactory, Mn/DOT's Authorized Representative shall so certify on each invoice submitted pursuant to Section Vi, paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. a �- S `iS Mn/DOT Agreement No. 76160 B. AII contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shali be made in accordance with the terms of this Agreement C. This Agreement shail not be construed as a relinquishment by Mn/DOT of any powers or controi it may have over the Vunk highways and bridges covered under this Agreement. Xi. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exciusive statement of the terms agreed upon, and shall supersede ail prior negotiations, understandings, or agreements. Any amendments to this Agreement shali be in wri6ng, and shaii be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILiTY A. Ail persons employed by or on behalf of the City working on the highways and bridges under this Agreement are empioyees or agents of the City and in no way empioyed by Mn/DOT; provided however, that this ciause shafl not apply to persons empioyed directiy by P/InlDOT or by contractors, other than the City, e�gaged by MnlDOT. 3. Each party shall be responsibie for its own acis and omissions, the acts and omissions of its empioyees, and resuits thereof to the extent autfiorized by taw. The parties shall not be responsible for the acts of any others and the results thereof. liability of Mn/DOT shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 (1996), and the liability of the City shall be governed by Minnesota Statutes Chapter 466 (1996). This clause shail not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding comme�ced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. a�-sqS Mn/DOT Agreement No. 76160 XIII. WORKERS' COMPENSA710N Any and all persons employed by or on behaif of each party to perform any of the work described in this Agreement shari not be considered empioyees of the other party, and that any and all claims that may or might arise under the Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federai Employees Liability Act on behalf of said emptoyees or persons while so engaged and any and all ciaims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplated herein, shall not be the obligation or responsibiliiy of the other party. X{V. CiVlt RIGHTS The provisions of Minnesota Statutes Section 181.59 (1996), and any app{icabie local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fuily set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, re{evant to this Agreement, shaif be subject to examination by Mn/DOT and the Legisiative Auditor or the State Auditor, as appropriate. '!0 ,� . Mn/DOT Agreement No. 76160 iN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPQRTMENT OFTRANSPORTA7lON Recommended� proval: B etro Division A E, Maintenance COMMISSIONER OF TRANSPORTATION By �'v'— U�..�-A� irect of Finance and Management Services Date � ' � � [ � Authorized Signature aFFICE OF THE ATTORNEY GENERAL Countersigned: BY ��i.� r1P.c� Dir ctor of Public Works Approved as to Form and Execution: � �pproved as to Form a�cution: By - Nt� e " Assistant City Attorney natP �. a�. COMMISSIONER OF ADMINISTRATION Authorized Signature 11 .•; , ��.5' °I".� Mn/DOT Agreement No. 76160 Citv's Signature Acknowledgment State of Minnesota County of Ramsey This Agreement was acknowledged before me this .�_ day of ��2> , 1998, by �fY1 �� and � �� t�/ , the Ma or � Y Q u; � �me) � (Name) and the Director of Finance and Management Services of the City of St. Paui, and did execute this Agreement on behaif of the City intending to be bound thereby. Notary Pubfic �-�-� ' `� ' l '�`�' ! l � � �� NOTARY STAt.�iP My Commission Expires � f � JEAN R. KARPE • �wouArru�ic uin�sor� � LtYCort■n.f�irw,Nn. J1.2000� 12 �� Council File # �� _ �+ vS RESOLUTION Green Sheet # 24 �Z 3 `,�� ITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 1S 17 i8 19 20 21 22 23 24 25 Commi.ttee: Date WHEREAS, the City of Saint Paul has approximately 26.91 miles (131.51 equivalent lane miles) of designated trunk highways located within the aty limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 76160 and effective from July 1, 1997 through June 30, 1999 has been negotiated between the City of Saint Paul and the State of Minnesota wfiich details the terms and fimits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 76160, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $398,080.76 per fiscal year to provide annual routine maintenance to the aforementioned trunk highway system within the time limits noted, and WHEREAS, upon receipt by the City of Saint Paui Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the Ciry of Saint Paul enter into Agreement Number 76160 with the Minnesata Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to execute said agreement ^ „ � Requested by Department of: Public Works By: Stacy M. ecker, Director Adoption Ce By; � Approved -by By: Form Approved by City Attorney B ;� � � Adopted by Council: Date �2_Ca�� 4�—S9S OEPARIYENTADFFK�OINICIL ��RU�� GREEN SHEET No �2as2s �' PuWic Works June 9. 1998 �� A� wrtuwarE ca�rtacraErsor�ar�; ��a�wrwEaraaECroa �cmcouwca GaryErichson 266-6229 . , nsscn �crtr�rrowgr . . cma.ewc YUSTBEONCOIAJCLAQElWBYIDAiEI N RO ill�K.� � , �8lll1CiETDIqEC70R J iSI_� (� (-l-t� ��•1s2Y.1�I � �WYOfi(ORASSISTANij � . . TOTALiOF9Ki1MTUfEPAfiES G (CUpALLLOCA710M6Fpt81GINNfiq �ASSOCU7E �DEPT.IICCWNTANT �O L� OGT10N fiE�UESZE6 Council approval of aftached Routine MaiMenance AgreemeM #76160 beiween the City of Sairrt Paul and the State of Minnesop �fective from July 1, 1997 to June 30. 1999. This agreemeM detai� the terms arid limits of pty force participation toward the routine mairrtenance of the W nk highway system wihin the Ciry of SaiM Paul. The Minnesota State DepartmeM of Transportatan agrees to pay to the Ciry of SaiM Paul $398,080.76 per fiscal year fw the routine maiMenance of trunk highways wi[hin Saint Paul ciry Iimits. pECOMMEI�ATIONS:IpMwe W a N7a (ftl PERSONAL SEHVICE CONiHACfS YU3T ANSWEN THE FOLLOWING QUESTIONS: _ PLMNHJG COYYLSSION _GIVR. SEFiVICE COMNSSION 1. Has tl�ie persoNfirm� worked urMer a ContraU for Ulis depar�nem? CIB COMMITTEE 2 HSS ihie Y ae aon/fum e�rer been a ary empoyce? — — YES NO — S7AFF _ � ia PereOr✓Brm Poasees a skill rrot notmalN Po%5essed by any curtent ary D�STRICTCOUMCIL YES MO suaPOars wtiMkt CouNC0. aBJ[crrvE9 �� aY yas owwas m sapara�� ha�t a�d mtaeh io graen sheN INIiWTM1G PIi�LEM, ISSUE.OPPOR7UNf1V (NMO, WHAT, WFiEN, WHEPE, WHV): Routine maintenance responsibility of the trunk highway system within City of Saint Paul city limits. ADVANTAGES IF MPROVED: Trunk highway system within C'ity of Saint Paul city limfts will receive routine maintenance by one agency. ?� h A" �, � C� -� � � . . . ��..'e... � � t: DISADVANT0.GES IF APPqOVED: None �:�iV' � � 3�� a .k, t`.��'�� DISADVAMAGESIFNOTAPPROVED: � . T Another agreemerrt will have to be negotiated. �� ,UN � . __ - �a,,,.. TOTALAMOUHTOFTMNSACTIONS $398,080.76perfiscalYear �TJpE�ENUEBUDGETED�CIHCLE�ONE) rES rio wN�*�� TrunkHiohwavfunds ACITVRYNUYBER ��'�'240-�ZWS3450'240.�ZU(�3450 FINANCIAI. NJFORMATION: (E%PLAIt� .. ,' MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT � - S ° �5 PREPAREp BY Mn/DOT METRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 76160 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CiIY OF S�. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the r,orporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Amount Encumbered $398.080.76 (Per Fiscal Year) Two Year Contract 7!1/97 - 6/30/99 � ; - i Mn/DOT Agreement No. 76160 Accounting information: Processing information: Contract:�J9�� .�-a79� r�/77� Number/Date/Entry In+tials Order. �li �-�17-�� ,�',� N umber/Date/Signatures [lndividua/ signing ceKifies that funds have been encumbered as required by Minn. Stai. § 16A.15.j Budget Office: (Authorized Signature) atg-595 Mn/DOT Agreement No. 76160 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transpor[ation, hereinaRer referted to as °MnfDQT", and the City of St. Paul, a body potitiC and corpcsrate undes the laws o4 the State a4 Minnesota, hereinafter referred to as the "City", WHEREAS, MnfDOT and the C+ty are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1996); and WkiEREAS, Qursuant to Minnesoha Statutes, Section 161.38 (1996), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance on those portions of the trunk highways and bridges within the corporate limits of the City partfcularly descrSbed as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 equivalent lane No. 5 miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the fotlowing 0.76 miles of trunk highway consisfing of 3.78 equivalent lane miles and designated in the Minnesota Department of Trensportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easteriy on Seventh Street to Mounds Boulevard (T.H. 61); also the foliowing 3.02 miles of trunk highway consisting of 9.37 equivalent lane miles and designated in the Minnesota Department of Transportation records as Controi 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 Av2nue to the east City fimits. This description has a totai of 38.62 Equivalent Lane Miles. ��-s�s Mn/DOT Agreement No. 76160 Trunk tiighway The foifowing 0.39 miie of trunk h9ghway consisting of 1.01 equivafent fane miles, No. 13 and designated in the Minnesota Department of Transportation records as Confrol Section No. 1902; beginning at thejunction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miies. Trunk fiigfiway The following 0.15 mi{e of roadway on Eleventh Street and on Tweifth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This description has a totai of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.48 miles of trunk highway consisting of 9.91 equivalent lane miles, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Avenue (T.H. 952A). This description has a total of 9.91 Equivaient Lane Miles. Trunk Highway The foflowing 6.11 miies of trunk highway consisting of 36.30 equivalent lane No. 51 miles, and designated in the Minnesota Department of Transportation records as Contro4 Sectio� No. 6215; beginning at ihe north City limits (Hoyt Avenue) and Sneiling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence east on Montreal Avenue to Fort Road (T.H. 5). includes ail portions of this highway located in tfie corporate limits of Fafcon Heights. This description has a total of 36.30 Equivalent Lane Miles. Trunk Highway 'ihe foilowing 3.19 miles ot trunk highway consisting of 13.73 equivalent Iane miles No. 61 and designated in the Minnesota Department of Transportation records as Contro� Section No. 6221; beginning at the junction of Interstate 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 City limits. This description has a total of 13.73 Equivalent Lane Miies. Trunk Highway The foliowing 1.52 miles ofi trunk highway consisGng of 5.61 equivalent lane miles, No. 149 and designated in the Minnesota Department o[ Traasportation records as Control Section No. 6223; beginning at the south City iimits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivafent Lane Miles. 9.�- s�s MNDOT Agreement No. 76160 Trunk Highway The following 0.80 miie of trunk highway consisting of 3.40 equivalent lane miles, No. 156 and designated in the Minnesota Department of Transportation records as Control Section No. 6219; beginning at the south City fimits and Concord Street; thence northwest on Goncord Street to the west ramps ot Trunk Highway 52. This description has a totai of 3.40 Equivalent Lane Miles. Trunk Highway The fotlowing 3.12 miles of trunk highway consisting of 13.18 equivalent lane No. 952A miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a total of 13.18 Equivalent Lane Miles. The above roadway descriptions have a totai of 123.07 Equivaient Lane Miles. All pedestrian and roadway bridges over aii MnIDOT fteeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 137.51 Equivalent Lane Miles. Equivalent Larte Mifes are equal to the roadway width between the curbs, measured in feet, muitiplied by the length of the roadway, measured in miies, divided by a standard lane width of Cxeive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidefines the City uses to routineiy maintain its highway system, and shall inciude the foliowing: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shall include aii necessary routine maintenance to preserve the roadbed, bridges, drainage structures and right-of-way in their present condition, inciuding, but not limited to, patching of the road surface, joint and crack sealing of the surtace, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning end repair, ditch cleaning, sweeping, and debris ctearance. Maintenance shaii cover the entire width of the roadway and its appurtenances, such as: shouiders, drainage ditches, curb and gutter, and sidewalk 'rf present. a �-s°�5 Mn/DOT Agreement No. 76160 2. Pertorm routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spali patching, minor bridge raiiing repair, proper and time(y sealing of ccacks in bituminous surfaced bridges, removai of graffiti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. Keep the roadways, bridges and pedestrian waikways reasonably free and clear from ice and snow, and undertake proper cleaning, and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices such as guardraii and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that Mn/DOT wili furnish, install and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. Perform all necessary maintenance of vegetation including necessary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate and inspect transportation permits, adopt-a-highway permits, and permits to mai�tain existi�g utilities on the trunk highways described in Section I, paragraph A. MnlDOT shall 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 Section I, paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shaii fumish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of the services to be provided for by the City under this Agreement. D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for ConsVUCtion, 1995 Edition, and ta any subsequent amendments thereto. c��-S°�5 Mn/DOT Agreement No. 76160 E. 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 ftom the present trunk highway location by Mn/DOT, the City shall maintain the new Vunk h(ghway in accordance with this Agreement during such period of substitution and shail be paid the amount to which it is enYitled under this Agreement. If Mn/DOT relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wii{ maintain tfie reverted portion at its sole cost and expense. If. DUTIES OF MnlDOT A. Mn/DOT is responsible for any extraordinary maintenance, betterments, construction or reconstruction on the trunk highways described in Section f, paragraph A. If Mn/DOT desires the City to pertorm any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction or reconstruction shali inciude, but not be limited to, overlay of the roadway surtace, milling and overlay of the roadway surFace, replacement of drainage structures and cuiverts, and major washout repairs. B. Mn/DOT shail 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 Section I, paregraph A. Mn/DOT shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, paragraph B. Mn/DOT's Authorized Representative witi inform the City, at least twe�ty-four (24) hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any Iane closures or tra�c restrictions associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of Mn/DOT and the City shali jointly inspect tfie highways and bridges on an annua{ basis to review the adequacy of the maintenance work being pertormed, and to determine if any extraordinary maintenance, betterments, construction or reconstruction is required. a�-s�s Mn1DOT Agreement No. 76160 IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partialiy block the trunk highways and bridges for a period of time necessary for the performance of the services covered under this Agreement. In cases of emergency, such trunk highways and br+dges may be whofly biocked and the passage of traffic thereon prevented by the City. At no time, however, shali the City confinue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or c4osing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of Mn/DOT, as needed. B. The City may close to travei 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, the City shail 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 partia� and total closures of the trunk highways and bridges covered under this Agreement shal! be in con4ormance �vith the current Minnesota Manual on tSniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. Mn/DOT will pay to the City the sum of Three Thousand, Twenty-seven and No/100 Doi�ars ($3,027.00) per Equivalent Lane Miie, per year, duri�g the term of this Agreement for the pertormance of the work and the fumishing of labor, equipment and materiais as set forth in this Agreement. This payment shall be considered full and compiete compensation for ail work to be pertormed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 1999, or there is a reduction in the equivalent lane miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. �t � 'Sq5 A Mn/DOT Agreement No. 76160 VI. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed befow. Fiscai Year 1998 October 1, 1997 .fanuary 1, 1998 April 1, 1998 June 30,1998 $ 99,520.19 $ 99, 520.19 $ 99,520.19 $ 99,520.19 Fiscal Year 1999 October 1, 1998 $ 99,520.19 January 1, 1999 April 1, 1999 June 30, 1999 $ 99,520.19 $ 99,520.19 $ 99,520.19 D. Mn/DOT's maximum obligation during the first year of this Agreement is $398,080.76, and its maximum obligation during the second year of this Agreement is $398,080.76. CONDITIONS OF PAYMENT A. Payment shall be made by Mn/DOT under this Agreement on a quarterly basis, as soon as ,�ossible after the respective dates of October 1, January 1, April 1 and June 30 of each fiscal year, upon tHe submission by the City to Mn/DOT of a cost anaiysis listing all labor, materiais and equipment used by the City during the quarter, and an invoice for the services performed, and a certificate certifying that afl work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Atf services provided by the City pursuant to this Agreement shail be perfiormed to the satisfaction of Mn/DOT, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, paragraph A, and in accordance wEth alf appiicable federal, state, and local laws, ordinances, rules and regufations. C. If the City tails to pertorm any of the work according to the terms of this Agreement, Mn/DOT may perEorm such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement, any amount of Mn/DOTs costs and any additionaf amounts required 7 a C�- S�S Mn/DOT Agreement No. 76160 for the completion of the work. If MnlDOT retains any payment under this Agreement because of the City's inadequate work, and the work is subsequenUy made adequate by the City, MNDOT shall immediately pay to the City the amount of payment witMheid. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of Mn/DOT as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1997 and shali remain in effect through June 30, '1999, subject to the legislature providing to MnIDOT sufficient appropriations for this Agreement for each fiscal year during the term of this Agreement. VIIL CANCELLATION This Agreement may he canceled by either party with sixty (60) days' prior written notice to the other party, In the event of such a cancellation, the City shall be entitied to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AUTHORIZED REPRESENTATIVE ?,. Mn/DOT's Authorized Representative for the purposes ot the administration of this Agreement is Terry L. Zoiler, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (612)582-1424, or his successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Dirsctos of Public Works, City of Sf. Paut, 600 City Haii Annex, 25 West Fourth Street, St. Paul, Minnesota 55102-16fi0, (612)266-6070, or his successor. C. MnIDOT's Authorized Representative shall have finai authority for acceptance of the City's services. if such services are accepted as satisfactory, Mn/DOT's Authorized Representative shall so certify on each invoice submitted pursuant to Section Vi, paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. a �- S `iS Mn/DOT Agreement No. 76160 B. AII contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shali be made in accordance with the terms of this Agreement C. This Agreement shail not be construed as a relinquishment by Mn/DOT of any powers or controi it may have over the Vunk highways and bridges covered under this Agreement. Xi. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exciusive statement of the terms agreed upon, and shall supersede ail prior negotiations, understandings, or agreements. Any amendments to this Agreement shali be in wri6ng, and shaii be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILiTY A. Ail persons employed by or on behalf of the City working on the highways and bridges under this Agreement are empioyees or agents of the City and in no way empioyed by Mn/DOT; provided however, that this ciause shafl not apply to persons empioyed directiy by P/InlDOT or by contractors, other than the City, e�gaged by MnlDOT. 3. Each party shall be responsibie for its own acis and omissions, the acts and omissions of its empioyees, and resuits thereof to the extent autfiorized by taw. The parties shall not be responsible for the acts of any others and the results thereof. liability of Mn/DOT shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 (1996), and the liability of the City shall be governed by Minnesota Statutes Chapter 466 (1996). This clause shail not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding comme�ced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. a�-sqS Mn/DOT Agreement No. 76160 XIII. WORKERS' COMPENSA710N Any and all persons employed by or on behaif of each party to perform any of the work described in this Agreement shari not be considered empioyees of the other party, and that any and all claims that may or might arise under the Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federai Employees Liability Act on behalf of said emptoyees or persons while so engaged and any and all ciaims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplated herein, shall not be the obligation or responsibiliiy of the other party. X{V. CiVlt RIGHTS The provisions of Minnesota Statutes Section 181.59 (1996), and any app{icabie local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fuily set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, re{evant to this Agreement, shaif be subject to examination by Mn/DOT and the Legisiative Auditor or the State Auditor, as appropriate. '!0 ,� . Mn/DOT Agreement No. 76160 iN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPQRTMENT OFTRANSPORTA7lON Recommended� proval: B etro Division A E, Maintenance COMMISSIONER OF TRANSPORTATION By �'v'— U�..�-A� irect of Finance and Management Services Date � ' � � [ � Authorized Signature aFFICE OF THE ATTORNEY GENERAL Countersigned: BY ��i.� r1P.c� Dir ctor of Public Works Approved as to Form and Execution: � �pproved as to Form a�cution: By - Nt� e " Assistant City Attorney natP �. a�. COMMISSIONER OF ADMINISTRATION Authorized Signature 11 .•; , ��.5' °I".� Mn/DOT Agreement No. 76160 Citv's Signature Acknowledgment State of Minnesota County of Ramsey This Agreement was acknowledged before me this .�_ day of ��2> , 1998, by �fY1 �� and � �� t�/ , the Ma or � Y Q u; � �me) � (Name) and the Director of Finance and Management Services of the City of St. Paui, and did execute this Agreement on behaif of the City intending to be bound thereby. Notary Pubfic �-�-� ' `� ' l '�`�' ! l � � �� NOTARY STAt.�iP My Commission Expires � f � JEAN R. KARPE • �wouArru�ic uin�sor� � LtYCort■n.f�irw,Nn. J1.2000� 12 �� Council File # �� _ �+ vS RESOLUTION Green Sheet # 24 �Z 3 `,�� ITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 1S 17 i8 19 20 21 22 23 24 25 Commi.ttee: Date WHEREAS, the City of Saint Paul has approximately 26.91 miles (131.51 equivalent lane miles) of designated trunk highways located within the aty limits which require annual routine maintenance. WHEREAS, a two year trunk highway maintenance agreement numbered 76160 and effective from July 1, 1997 through June 30, 1999 has been negotiated between the City of Saint Paul and the State of Minnesota wfiich details the terms and fimits of city force participation toward the routine maintenance of the trunk highway system within the City of Saint Paul, and WHEREAS, by the terms of the trunk highway routine maintenance agreement numbered 76160, the Minnesota Department of Transportation (MnDOT) agrees to pay to the City of Saint Paul $398,080.76 per fiscal year to provide annual routine maintenance to the aforementioned trunk highway system within the time limits noted, and WHEREAS, upon receipt by the City of Saint Paui Department of Public Works, the above funds encumbered by the State of Minnesota for payment to the City of Saint Paul will be deposited into Department of Public Works accounts numbered 225-42310-3450, 240-12005-3450, and 240-12006-3450, now, therefore, BE IT RESOLVED, that the Ciry of Saint Paul enter into Agreement Number 76160 with the Minnesata Department of Transportation, and BE IT FURTHER RESOLVED, that the proper City officials are hereby authorized and directed to execute said agreement ^ „ � Requested by Department of: Public Works By: Stacy M. ecker, Director Adoption Ce By; � Approved -by By: Form Approved by City Attorney B ;� � � Adopted by Council: Date �2_Ca�� 4�—S9S OEPARIYENTADFFK�OINICIL ��RU�� GREEN SHEET No �2as2s �' PuWic Works June 9. 1998 �� A� wrtuwarE ca�rtacraErsor�ar�; ��a�wrwEaraaECroa �cmcouwca GaryErichson 266-6229 . , nsscn �crtr�rrowgr . . cma.ewc YUSTBEONCOIAJCLAQElWBYIDAiEI N RO ill�K.� � , �8lll1CiETDIqEC70R J iSI_� (� (-l-t� ��•1s2Y.1�I � �WYOfi(ORASSISTANij � . . TOTALiOF9Ki1MTUfEPAfiES G (CUpALLLOCA710M6Fpt81GINNfiq �ASSOCU7E �DEPT.IICCWNTANT �O L� OGT10N fiE�UESZE6 Council approval of aftached Routine MaiMenance AgreemeM #76160 beiween the City of Sairrt Paul and the State of Minnesop �fective from July 1, 1997 to June 30. 1999. This agreemeM detai� the terms arid limits of pty force participation toward the routine mairrtenance of the W nk highway system wihin the Ciry of SaiM Paul. The Minnesota State DepartmeM of Transportatan agrees to pay to the Ciry of SaiM Paul $398,080.76 per fiscal year fw the routine maiMenance of trunk highways wi[hin Saint Paul ciry Iimits. pECOMMEI�ATIONS:IpMwe W a N7a (ftl PERSONAL SEHVICE CONiHACfS YU3T ANSWEN THE FOLLOWING QUESTIONS: _ PLMNHJG COYYLSSION _GIVR. SEFiVICE COMNSSION 1. Has tl�ie persoNfirm� worked urMer a ContraU for Ulis depar�nem? CIB COMMITTEE 2 HSS ihie Y ae aon/fum e�rer been a ary empoyce? — — YES NO — S7AFF _ � ia PereOr✓Brm Poasees a skill rrot notmalN Po%5essed by any curtent ary D�STRICTCOUMCIL YES MO suaPOars wtiMkt CouNC0. aBJ[crrvE9 �� aY yas owwas m sapara�� ha�t a�d mtaeh io graen sheN INIiWTM1G PIi�LEM, ISSUE.OPPOR7UNf1V (NMO, WHAT, WFiEN, WHEPE, WHV): Routine maintenance responsibility of the trunk highway system within City of Saint Paul city limits. ADVANTAGES IF MPROVED: Trunk highway system within C'ity of Saint Paul city limfts will receive routine maintenance by one agency. ?� h A" �, � C� -� � � . . . ��..'e... � � t: DISADVANT0.GES IF APPqOVED: None �:�iV' � � 3�� a .k, t`.��'�� DISADVAMAGESIFNOTAPPROVED: � . T Another agreemerrt will have to be negotiated. �� ,UN � . __ - �a,,,.. TOTALAMOUHTOFTMNSACTIONS $398,080.76perfiscalYear �TJpE�ENUEBUDGETED�CIHCLE�ONE) rES rio wN�*�� TrunkHiohwavfunds ACITVRYNUYBER ��'�'240-�ZWS3450'240.�ZU(�3450 FINANCIAI. NJFORMATION: (E%PLAIt� .. ,' MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT � - S ° �5 PREPAREp BY Mn/DOT METRO DIVISION AGREEMENT NO. MAINTENANCE OPERATIONS 76160 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CiIY OF S�. PAUL FOR Routine maintenance of certain portions of trunk highway(s) and bridges within the r,orporate limits of the City of St. Paul upon the terms and conditions set forth in this Agreement. Amount Encumbered $398.080.76 (Per Fiscal Year) Two Year Contract 7!1/97 - 6/30/99 � ; - i Mn/DOT Agreement No. 76160 Accounting information: Processing information: Contract:�J9�� .�-a79� r�/77� Number/Date/Entry In+tials Order. �li �-�17-�� ,�',� N umber/Date/Signatures [lndividua/ signing ceKifies that funds have been encumbered as required by Minn. Stai. § 16A.15.j Budget Office: (Authorized Signature) atg-595 Mn/DOT Agreement No. 76160 THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is by and between the State of Minnesota through its Commissioner of Transpor[ation, hereinaRer referted to as °MnfDQT", and the City of St. Paul, a body potitiC and corpcsrate undes the laws o4 the State a4 Minnesota, hereinafter referred to as the "City", WHEREAS, MnfDOT and the C+ty are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10 (1996); and WkiEREAS, Qursuant to Minnesoha Statutes, Section 161.38 (1996), the parties desire to enter into an agreement relating to the maintenance of trunk highways and bridges within the corporate limits of the City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DUTIES OF THE CITY A. The City shall provide routine maintenance on those portions of the trunk highways and bridges within the corporate limits of the City partfcularly descrSbed as follows: Trunk Highway The following 5.37 miles of trunk highway consisting of 25.47 equivalent lane No. 5 miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6201; beginning at WheelerAvenue and Fort Road; thence northeast on Fort Road to Wabasha Street; thence east on Eighth Street to Robert Street (T.H. 952A); and the fotlowing 0.76 miles of trunk highway consisfing of 3.78 equivalent lane miles and designated in the Minnesota Department of Trensportation records as Controi Section No. 6228; beginning at Robert Street and Eighth Street; thence easterly on Eighth Street to Seventh Street (at Sibley Street); thence easteriy on Seventh Street to Mounds Boulevard (T.H. 61); also the foliowing 3.02 miles of trunk highway consisting of 9.37 equivalent lane miles and designated in the Minnesota Department of Transportation records as Controi 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 Av2nue to the east City fimits. This description has a totai of 38.62 Equivalent Lane Miles. ��-s�s Mn/DOT Agreement No. 76160 Trunk tiighway The foifowing 0.39 miie of trunk h9ghway consisting of 1.01 equivafent fane miles, No. 13 and designated in the Minnesota Department of Transportation records as Confrol Section No. 1902; beginning at thejunction with Trunk Highway No. 149; thence westerly 0.39 mile on the south line of Ramsey County. Includes ali portions of this highway located in the corporate limits of West St. Paul and Mendota Heights. This description has a totai of 1.01 Equivalent Lane Miies. Trunk fiigfiway The following 0.15 mi{e of roadway on Eleventh Street and on Tweifth Street No. 35E between Robert Street and Jackson Street consisting of 1.31 equivalent lane miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6280. This description has a totai of 1.31 Equivalent Lane Miles. Trunk Highway The following 2.48 miles of trunk highway consisting of 9.91 equivalent lane miles, No. 49 and designated in the Minnesota Department of Transportation records as Control Section No. 6213; beginning at the north City limits and Rice Street; thence south on Rice Street to University Avenue (T.H. 952A). This description has a total of 9.91 Equivaient Lane Miles. Trunk Highway The foflowing 6.11 miies of trunk highway consisting of 36.30 equivalent lane No. 51 miles, and designated in the Minnesota Department of Transportation records as Contro4 Sectio� No. 6215; beginning at ihe north City limits (Hoyt Avenue) and Sneiling Avenue; thence south on Snelling Avenue to Montreal Avenue; thence east on Montreal Avenue to Fort Road (T.H. 5). includes ail portions of this highway located in tfie corporate limits of Fafcon Heights. This description has a total of 36.30 Equivalent Lane Miles. Trunk Highway 'ihe foilowing 3.19 miles ot trunk highway consisting of 13.73 equivalent Iane miles No. 61 and designated in the Minnesota Department of Transportation records as Contro� Section No. 6221; beginning at the junction of Interstate 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 City limits. This description has a total of 13.73 Equivalent Lane Miies. Trunk Highway The foliowing 1.52 miles ofi trunk highway consisGng of 5.61 equivalent lane miles, No. 149 and designated in the Minnesota Department o[ Traasportation records as Control Section No. 6223; beginning at the south City iimits Qunction T.H. 13) and Smith Avenue; thence north and northwesterly on Smith Avenue to Fort Road (T.H. 5). This description has a total of 5.61 Equivafent Lane Miles. 9.�- s�s MNDOT Agreement No. 76160 Trunk Highway The following 0.80 miie of trunk highway consisting of 3.40 equivalent lane miles, No. 156 and designated in the Minnesota Department of Transportation records as Control Section No. 6219; beginning at the south City fimits and Concord Street; thence northwest on Goncord Street to the west ramps ot Trunk Highway 52. This description has a totai of 3.40 Equivalent Lane Miles. Trunk Highway The fotlowing 3.12 miles of trunk highway consisting of 13.18 equivalent lane No. 952A miles, and designated in the Minnesota Department of Transportation records as Control Section No. 6217; beginning at the south City limits and Robert Street; thence north and northwest on Robert Street to University Avenue; thence west on University Avenue to Rice Street. This description has a total of 13.18 Equivalent Lane Miles. The above roadway descriptions have a totai of 123.07 Equivaient Lane Miles. All pedestrian and roadway bridges over aii MnIDOT fteeways, expressways, and aforementioned highways comprise an additional 8.44 Equivalent Lane Miles. This Agreement covers a grand totai of 137.51 Equivalent Lane Miles. Equivalent Larte Mifes are equal to the roadway width between the curbs, measured in feet, muitiplied by the length of the roadway, measured in miies, divided by a standard lane width of Cxeive (12) feet. B. The City shali provide routine maintenance on the above described roadways and bridges in accordance with the standards and guidefines the City uses to routineiy maintain its highway system, and shall inciude the foliowing: 1. Maintain the roadways and bridges so as to keep the same in good repair and free from obstructions and impediments that may intertere with the passage of vehicle and pedestrian traffic. Maintenance shall include aii necessary routine maintenance to preserve the roadbed, bridges, drainage structures and right-of-way in their present condition, inciuding, but not limited to, patching of the road surface, joint and crack sealing of the surtace, gravei shoulder repair and blading, minor slope repair, drainage structure cleaning end repair, ditch cleaning, sweeping, and debris ctearance. Maintenance shaii cover the entire width of the roadway and its appurtenances, such as: shouiders, drainage ditches, curb and gutter, and sidewalk 'rf present. a �-s°�5 Mn/DOT Agreement No. 76160 2. Pertorm routine maintenance to preserve the bridges in their present existing condition, including, but not limited to, necessary deck spali patching, minor bridge raiiing repair, proper and time(y sealing of ccacks in bituminous surfaced bridges, removai of graffiti, minor slope paving maintenance, and sweeping of the bridge surtace and sidewalks, if present. 3. Keep the roadways, bridges and pedestrian waikways reasonably free and clear from ice and snow, and undertake proper cleaning, and ice and snow control measures when necessary. 4. Maintain the highway signing, traffic control devices and safety devices such as guardraii and attenuators, signals, and provide such roadway markings and lane striping as may be necessary on the trunk highways, except that Mn/DOT wili furnish, install and maintain suitable route markers for the guidance of traffic on such trunk highways. 5. Perform all necessary maintenance of vegetation including necessary and regular mowing, tree trimming, noxious weed control, and litter or debris collection and disposal within the highway right-of-way. 6. Administer, issue, regulate and inspect transportation permits, adopt-a-highway permits, and permits to mai�tain existi�g utilities on the trunk highways described in Section I, paragraph A. MnlDOT shall 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 Section I, paragraph A. 7. Contact Gopher State One Call to arrange for underground utility location before pertorming excavations or installing posts within the highway right-of-way. C. The City shaii fumish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of the services to be provided for by the City under this Agreement. D. All materials used by the City in the pertormance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for ConsVUCtion, 1995 Edition, and ta any subsequent amendments thereto. c��-S°�5 Mn/DOT Agreement No. 76160 E. 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 ftom the present trunk highway location by Mn/DOT, the City shall maintain the new Vunk h(ghway in accordance with this Agreement during such period of substitution and shail be paid the amount to which it is enYitled under this Agreement. If Mn/DOT relocates any portion of the above described trunk highways and the present roadway reverts to the City, the City wii{ maintain tfie reverted portion at its sole cost and expense. If. DUTIES OF MnlDOT A. Mn/DOT is responsible for any extraordinary maintenance, betterments, construction or reconstruction on the trunk highways described in Section f, paragraph A. If Mn/DOT desires the City to pertorm any such work, the parties will enter into a separate agreement therefor. Extraordinary maintenance, betterments, construction or reconstruction shali inciude, but not be limited to, overlay of the roadway surtace, milling and overlay of the roadway surFace, replacement of drainage structures and cuiverts, and major washout repairs. B. Mn/DOT shail 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 Section I, paregraph A. Mn/DOT shall send a copy of such approved permits and associated drawings and plans to the City's Authorized Representative pursuant to Section IX, paragraph B. Mn/DOT's Authorized Representative witi inform the City, at least twe�ty-four (24) hours prior to work starting, of the date and time permitted work on or along the highway(s) will be performed, and of any Iane closures or tra�c restrictions associated with the authorized work. III. ANNUAL INSPECTION The Authorized Representatives of Mn/DOT and the City shali jointly inspect tfie highways and bridges on an annua{ basis to review the adequacy of the maintenance work being pertormed, and to determine if any extraordinary maintenance, betterments, construction or reconstruction is required. a�-s�s Mn1DOT Agreement No. 76160 IV. LANE CLOSURES AND TRAFFIC CONTROL A. The City may partialiy block the trunk highways and bridges for a period of time necessary for the performance of the services covered under this Agreement. In cases of emergency, such trunk highways and br+dges may be whofly biocked and the passage of traffic thereon prevented by the City. At no time, however, shali the City confinue to obstruct the free passage of traffic on the trunk highways or bridges for a longer period of time than is reasonably required for pertorming the necessary work thereon. In the event of the total blocking or c4osing of any such trunk highway or bridge, the City shall provide a suitable detour during such time, with the assistance of Mn/DOT, as needed. B. The City may close to travei 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, the City shail 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 partia� and total closures of the trunk highways and bridges covered under this Agreement shal! be in con4ormance �vith the current Minnesota Manual on tSniform Traffic Control Devices. V. CONSIDERATION AND TERMS OF PAYMENT A. Mn/DOT will pay to the City the sum of Three Thousand, Twenty-seven and No/100 Doi�ars ($3,027.00) per Equivalent Lane Miie, per year, duri�g the term of this Agreement for the pertormance of the work and the fumishing of labor, equipment and materiais as set forth in this Agreement. This payment shall be considered full and compiete compensation for ail work to be pertormed by the City under this Agreement. B. in the event this Agreement terminates prior to June 30, 1999, or there is a reduction in the equivalent lane miles to be maintained by the City, the payment due to the City will be prorated for the months and fractional months, if any, that the terms of this Agreement are in affect. �t � 'Sq5 A Mn/DOT Agreement No. 76160 VI. C. During the term of this Agreement, quarterly payments will be made to the City in the amounts listed befow. Fiscai Year 1998 October 1, 1997 .fanuary 1, 1998 April 1, 1998 June 30,1998 $ 99,520.19 $ 99, 520.19 $ 99,520.19 $ 99,520.19 Fiscal Year 1999 October 1, 1998 $ 99,520.19 January 1, 1999 April 1, 1999 June 30, 1999 $ 99,520.19 $ 99,520.19 $ 99,520.19 D. Mn/DOT's maximum obligation during the first year of this Agreement is $398,080.76, and its maximum obligation during the second year of this Agreement is $398,080.76. CONDITIONS OF PAYMENT A. Payment shall be made by Mn/DOT under this Agreement on a quarterly basis, as soon as ,�ossible after the respective dates of October 1, January 1, April 1 and June 30 of each fiscal year, upon tHe submission by the City to Mn/DOT of a cost anaiysis listing all labor, materiais and equipment used by the City during the quarter, and an invoice for the services performed, and a certificate certifying that afl work done during the period for which the City seeks payment has been performed in full conformity with this Agreement. B. Atf services provided by the City pursuant to this Agreement shail be perfiormed to the satisfaction of Mn/DOT, as determined at the sole discretion of its Authorized Representative pursuant to Section IX, paragraph A, and in accordance wEth alf appiicable federal, state, and local laws, ordinances, rules and regufations. C. If the City tails to pertorm any of the work according to the terms of this Agreement, Mn/DOT may perEorm such work and may retain from any monies then due to the City or thereafter becoming due under this Agreement, any amount of Mn/DOTs costs and any additionaf amounts required 7 a C�- S�S Mn/DOT Agreement No. 76160 for the completion of the work. If MnlDOT retains any payment under this Agreement because of the City's inadequate work, and the work is subsequenUy made adequate by the City, MNDOT shall immediately pay to the City the amount of payment witMheid. This paragraph shall not be construed to relinquish any rights of action which may accrue on behalf of Mn/DOT as against the City for any breach of contract. VII. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1997 and shali remain in effect through June 30, '1999, subject to the legislature providing to MnIDOT sufficient appropriations for this Agreement for each fiscal year during the term of this Agreement. VIIL CANCELLATION This Agreement may he canceled by either party with sixty (60) days' prior written notice to the other party, In the event of such a cancellation, the City shall be entitied to a prorated payment for the months and fractional months, if any, that this Agreement was in affect. IX. AUTHORIZED REPRESENTATIVE ?,. Mn/DOT's Authorized Representative for the purposes ot the administration of this Agreement is Terry L. Zoiler, Maintenance Operations Engineer, Minnesota Department of Transportation Metro Division, 1500 West County Road B2, Roseville, Minnesota 55113, (612)582-1424, or his successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Thomas J. Eggum, Dirsctos of Public Works, City of Sf. Paut, 600 City Haii Annex, 25 West Fourth Street, St. Paul, Minnesota 55102-16fi0, (612)266-6070, or his successor. C. MnIDOT's Authorized Representative shall have finai authority for acceptance of the City's services. if such services are accepted as satisfactory, Mn/DOT's Authorized Representative shall so certify on each invoice submitted pursuant to Section Vi, paragraph A, and shall authorize payment. X. ASSIGNMENT A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. a �- S `iS Mn/DOT Agreement No. 76160 B. AII contracts and agreements made by either party with third parties for the pertormance of any work to be done under this Agreement shali be made in accordance with the terms of this Agreement C. This Agreement shail not be construed as a relinquishment by Mn/DOT of any powers or controi it may have over the Vunk highways and bridges covered under this Agreement. Xi. AMENDMENTS This Agreement is the final expression of the agreements between the parties and the complete and exciusive statement of the terms agreed upon, and shall supersede ail prior negotiations, understandings, or agreements. Any amendments to this Agreement shali be in wri6ng, and shaii be executed by the same parties who executed the original Agreement, or their successors in office. XII. LIABILiTY A. Ail persons employed by or on behalf of the City working on the highways and bridges under this Agreement are empioyees or agents of the City and in no way empioyed by Mn/DOT; provided however, that this ciause shafl not apply to persons empioyed directiy by P/InlDOT or by contractors, other than the City, e�gaged by MnlDOT. 3. Each party shall be responsibie for its own acis and omissions, the acts and omissions of its empioyees, and resuits thereof to the extent autfiorized by taw. The parties shall not be responsible for the acts of any others and the results thereof. liability of Mn/DOT shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 (1996), and the liability of the City shall be governed by Minnesota Statutes Chapter 466 (1996). This clause shail not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding comme�ced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. a�-sqS Mn/DOT Agreement No. 76160 XIII. WORKERS' COMPENSA710N Any and all persons employed by or on behaif of each party to perform any of the work described in this Agreement shari not be considered empioyees of the other party, and that any and all claims that may or might arise under the Workers' Compensation Act or Unemployment Compensation Act of Minnesota or the Federai Employees Liability Act on behalf of said emptoyees or persons while so engaged and any and all ciaims made by any third person as a consequence of any act or omission on the part of said employees or persons while engaged in any of the work contemplated herein, shall not be the obligation or responsibiliiy of the other party. X{V. CiVlt RIGHTS The provisions of Minnesota Statutes Section 181.59 (1996), and any app{icabie local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fuily set forth herein. XV. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, re{evant to this Agreement, shaif be subject to examination by Mn/DOT and the Legisiative Auditor or the State Auditor, as appropriate. '!0 ,� . Mn/DOT Agreement No. 76160 iN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPQRTMENT OFTRANSPORTA7lON Recommended� proval: B etro Division A E, Maintenance COMMISSIONER OF TRANSPORTATION By �'v'— U�..�-A� irect of Finance and Management Services Date � ' � � [ � Authorized Signature aFFICE OF THE ATTORNEY GENERAL Countersigned: BY ��i.� r1P.c� Dir ctor of Public Works Approved as to Form and Execution: � �pproved as to Form a�cution: By - Nt� e " Assistant City Attorney natP �. a�. COMMISSIONER OF ADMINISTRATION Authorized Signature 11 .•; , ��.5' °I".� Mn/DOT Agreement No. 76160 Citv's Signature Acknowledgment State of Minnesota County of Ramsey This Agreement was acknowledged before me this .�_ day of ��2> , 1998, by �fY1 �� and � �� t�/ , the Ma or � Y Q u; � �me) � (Name) and the Director of Finance and Management Services of the City of St. Paui, and did execute this Agreement on behaif of the City intending to be bound thereby. Notary Pubfic �-�-� ' `� ' l '�`�' ! l � � �� NOTARY STAt.�iP My Commission Expires � f � JEAN R. KARPE • �wouArru�ic uin�sor� � LtYCort■n.f�irw,Nn. J1.2000� 12