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87-857 �NNITE - C�TV �LERK PINK - FINANCE GITY OF SAINT PAUL Council G /� CANARV - OEPAi7TMENT File NO. ��- �+�/ BLUE - MAVOR Co cil Res lution Presented By s ' � Referred To Committee: Date Out of Committee By Date WHEREAS, The Minnesota Department of Transportation is about to let a contract for the construction of a temporary traffic signal at the intersection of Trunk Highway 35-E East Ramp and Grand Avenue; therefore, be it RESOLVED, that the proper City officers be authorized and directed to execute, on bahalf of the City of Saint Paul, Agreement Number 64084 , between the City of Saint Paul and The Minnesota Department of Transportation, providing an outline of responsibilities for cost, maintenance and operation of the temporary signal, a copy of said Agreement being attached hereto and incorporated herein by reference. COUNCILMEN Requested by Department of: Yeas �� Nays �,;a Public Wo ks-Traffic-R. H. Roett er Rettman In Favor Scheibel . � �„�. —�__ Against BY � � Teaesco Wilson Adopted by Council: Date vUN � � ��7 Form Approv City Attorney Certified Passe cil Sec r BY B} � Appro y Mavor: Date � �� �. ? � APP�oved yor for Su is 'on t Council B By PU�iSHfD �!��;,� 2 7 1987 Public Works DEPARTMENT l�"0 7� N� 443�' ' John P. Maczko CONTACT 292-7451 PHONE � �� Mav 29, 1987 DATE � �e ASSIGN NUN�ER FOR ROUTING ORDER (Clip All Locations for Signature) : � r 3 Director of Management/Mayor Finance and Management Services Director 4 City Clerk Budget Director 5 Citv Council � City Attorney WHAT WILL BE ACHIEVED BY �AKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The City will enter into an agreement with the Minnesota Department of Transportation that explains the responsibilities for cost of installation, maintenance, and operation of a temporary traffic signal to be installed by the Minnesota Department of Transportation at the west exit ram�^of 35-E at Grand Ave. �`ti=-��<-����� J�;� �^ ,- 1987� COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: i�raaYC:=�"�: �- :e c.,� Operation and �maintenance costs estimated at $2, 000 annually. ��� �i �e\ FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: $9,916 .79 quired if under $10,000) Funding Source: $8,600. 00 Trunk Highway Funding $1,316. 19 CIB , Activity Number: T-1214 62910-0745-62824 ATTACHMENTS (List and Number Al1 Attachments) : � RECEIVED 1 - Council Resolution 3 - Copies of Agreement for signatures Ju� 4 19g7 CITY ATTd��V��' DEPARTMENT REVIEW CITY ATTORNEY REVIEW �Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes � No Yes �No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 . - � . � . (�,��-,- �s� • • - - MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT N0. 64084 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OE' TRANSPORTATION AND THE CITY OF ST. PAUL TO : Install a new temporary Traffic Control Signal with Street Lights and Emergency Vehicle Pre-emption on Trunk Highway No. 35E East Ramp at Grand Avenue .in .St. Paul, Ramsey County, Minnesota. S.P. 6280-26b F.P. I 035E-4 (219) Prepared by Traffic Engineering . ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of St. Paul $1 ,316.79 $8 ,500 .00 . �� . . � . � _ ���-�� THIS AGREEMENT ma8e and entezed into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" , and the City of St. Paul , hereinafter reterred to as the "City" , WITNESSETH: " WHEREAS , the State has determined that there is justification and it is in the public's best interest to install a new temporary traffic control signal with street lights. and emergency vehicle pre-emption on Trunk Highway No. 35E East Ramp � at Grand Avenue; and WHEREAS , it is anticipated that the new temporary traffic control signal with street lights work is eligible for 90 percent Federal-aid Interstate Funds; and _ _ � WAEREAS , the City will furnish to the project, a new cabinet and control eguipment to operate said temporary traffic control signal; and WHEREAS, the City and State will share in the cost, maintenance and operation of the new temporary traffic control signal with street lights and emergency vehicle pre-emption as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOi�JS: 1. The State shall prepare the necessary plan, . specifications and proposal and shall perform the engineering and inspection required to complete the items of work hereinaf ter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to � hereinafter . U�� 64084 _ ....,- - . __ .._-_------ .__.._�._.�_._......�.�.____�,,,.. ..__�_�____.�..._ . �._..�_ __..��, . , �%���-�.5� 2. The contract cost of the work or , if the work is not contracted, the cost of all labor , materials, and equipment rental required to complete the work, except the cast of providing the power supply to the service pads or poles, shall constitute the actival "Construction Cost" and shall be so referred to hereinafter. - 3. The City will furnish to the State the traffic control signal cabinet and control equipment which shall be installed at � the intersection of Trunk Highway No. 35E East Ramps at Grand Avenue. Such materials as described immediately above shall be hereinafter referred to as "Department furnished materials. " 4 . The State with its own forces and equipment or by contract shall perform the temporary traffic control signal work provided for under State Project No. 6280-266, �'and Federal Project No. I -035E-4 (219) on Trunk Highway No'. 3SE East Ramp at Grand Avenue with the Construction Costs shared as follows: a. Install a new temporary traffic control s�gnal with street lights. Estimated Construction Cost is $35 ,088.25 which includes $8 ,600.00 of estimated Department furnished materials (cost of Department furnished materials excludes emergency vehicle pre-emption control and interface equipment) . Anticipated Federal-aid share is 90 percent. State 's share is 10 percent. b. Emergency Vehicle Pre-emption materials (cabie, . 64084 -2- �'�'� � � - � . �=���s� detectors and lights) . Estimated Construction Cost is $1 ,242.25. City' s share is 100 percent. 5. Payment to the City will be made by the State for l00 percent ( includes State and Federal-aid share) of the actual costs for the new traffic control signal cabinet anc] control equipment (estimated cost $8 ,600.00) furnished to the State and upon submission by the City of an invoice in quintuplicate to the State 's Project Engineer itemizing the costs and certified by a . responsible City Official that said materials have been furnished under the terms of this agreement. The invoice and supporting records are subject to audit by the State's representative. 6 . The amount to be encumbered for payment to the City from Trunk Highway Funds for materials furnished under this Agreement is $8 �600 .00 which includes $7,740.0-0 for the Federal-aid share. In the event that at any time it appears that such reimbursement will exceed said sum, the City shall promptly notify the State' s District Engineer at Oakc3ale in writing of the reason for the increase in cost and the amount of additional funds necessary for the Department furnished materials. If approved by the State' s District Engineer at Oakdale, additional funds shall be encumbered by the State and notice by the State' s District Engineer at Oakdale , will be made to the City of that additional encumbrance. 7: Upon execution of this agreement and a request in writing by the State, the City shall advance to the State an � 64084 -3- �;�Jt' . . ���-�-s� V � �. .. amount equal to its portion of the project cost. The City' s total portion shall consist of the sum of the following: a. The City's share (as specified in Paragraph 4bj based on the actual bid price. b. Six (6) percent of its share [Item (a) above] for the cost of Engineering and Inspection. 8 . Upon completion and final acceptance of the project, the City's final share shall consist of the sum of the following: � a. The City' s final share, based on the final payment to the Contractor. b. Six (6) percent of its final share [Item (a) above] for the cost of Engineer.ing and Inspection. The amount of the funds advanced by the City in excess of the City' s final share will be xeturned to the City without interest and the City agrees to pay to the State that amount of . its final share which is in excess of the amount of the funds advanced by the City. 9. The City shall provide an adequate electrical power supply to the service pad or pole, and upon completion of said new temporary traffic control signal with street lights installation shall provide necessary electrical power for its operation at the cost and expense of the City. 10 . Upon completion of the work contemplated in Paragraph 4 hereof, it shall be the City' s responsibility, at its cost and expense, to maintain and keep in repair said emergency vehicle � 64084 � � }� -4- �.�,� ` . , . . �����"� f - . pre-emption and the new temporary traffic cantral signal with street lights installation. 11 . Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims that may or might arise under the j4orker ' s Compensation Act ot this State on behalf of said employees while so engaged, and any and aII claims made by any third party as a consequence of any act or on�ission on the part � of .said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The State shall not be responsible under the Worker 's Compensation Act for any employees of the City. 12. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any all claims that may or might arise under the Worker ' s Compensation Act of this State on behalf of said . employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and � responsibility of the State. The City shall not be responsible under the Worker ' s Compensation Act for any employees of the State. 13. Timing of the temporary traffic control signal provided for herein shall be initially determined by the City' s Traffic � �� �dr�gd , � � . � � � . C��r-��� + . � L � � �. .. Engineer. Adjustments of said signal timing may be determined by the State, through its Commissioner of Transportation, and no changes shall be made thereafter except with the approval of the State. � . _ . . 64084 `�� -6- � � . . . - . ����7 �. - CI'TY OF ST. PAUL RECOMMENDED FOR APPROVALs By ayo . (City Seal) Dizector of Public Works APPROVED AS TO EXECUTION: By Director of Finance and Management Service � Asst. Ci ttor e STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECO FOR APPROVAL: DEPARTMENT OF TRANSPORTATION x By �/Distric Engineer Assistant Commissioner Operatib�ns Division Dated APPROVED AS TO FORM AND EXECUTION: DEPP�RTMENT OF ADMINISTRATION By _ Special Assistant Attorney General-S�ate of Minnesota Dated � 64084 `�� _�_ �