05-1206Council File # �S ���
Green Sheet # O q I�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
RESOLUTION TO ENTER INTO A JOINT POWERS AGREEMENT
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i WHEREAS, the City of St. Paul possesses the skill and expertise via its Department of Public Works, to
2 service, repair, maintain and install street lights, tr�c signals, signs and pavement mazkings and have serviced
3 its own tr�c and lighting infrastructure for several decades (the "Services"); and
4 WHEREAS, the City of Eagan has need of the Services at various locations within its borders; and
5 WHEREAS, both St. Paul and Eagan aze willing to enter into a agreement whereby St. Paul will provide Eagan
6 with Services and Eagan will pay St. Paul for the same; and
7 WHEREAS, Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement
8 entered into through action of their governing bodies, may jointly or cooperatively exercise any power common
9 to the contracting parties or any similar powers, including those that are the same except for the territorial limits
10 within which they aze exercised. Now therefore, be it;
11 RESOLVED, that the City Council authorizes the proper city officials to enter inYO and sign the agreement.
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Yeas Na s Absent
Benanav ✓
Bostrom ��
Harris v�
Helgen ✓
Lantry r
Montgomery r
Thune �
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21 Adopted by Councii: Date ��(:F.�'� a g�����
22 Adoption Certified by Council Secretary
23 By:
24 Ap�
25 By:
Requested by Department of:
By:
Form Approved by City Attorney
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Approved by Mayor for Submission to Council
By: ���.V�,G�Z�-GE,�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depar6nenVotficekouncil: Date Initiated:
Pw -�b��wo,� o�-0E� Green Sheet NO: 3029014
ContactPerson 8 Phone:
Tan S{adskleu
487-7203
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Counc7Agenda by (Date):
ContractType:
RE�2ESOLtJT10N
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Approve the attached Council Resoludon authorizing proper City of Saint Paul officials to enter into a Joint Powers Agreement with
the City of Eagan, Minnesota, whereby Saint Paul will provide services to Eagan a�d Eagan shall pay for services.
Recommendations: Appm�e (A) or Reject
Pianning Commission
CB Committee
QHI Senice Commission
t. Has this persoNfirtn e�er woiiced under a coMract for this departmeM?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skili not nortnally possessed by any
curreM city employee?
Yes No
Explain all yes answers on separate sheet and aHach to green sheet
Initiating Problem, lssues, Opportunity (Who, Whak M1hen, Where, Why�:
The Ciry of Eagan desires that the City of Saint Paul provide vazious services for which Eagan shall pay. These services may include
repairing, manufacturing, maintaining and/or installing street lights, traffic signals, signs, and pavement markings. A copy of the
Agreement is attached for information.
AdvanWges IfApproved:
The City of Saint Paul will be authorized to enter into an agreement with the City of Eagan and provide the identified services based
pre-established rates and fees. ����p.. �� g g� P
Disadvantages IFApproved:
None identified to date.
CosURevenue Budgeted:
-, _ � -�, �� -
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DisadvanWges If NotApproved:
The City of Saint Paui will not have sufficient authorizafion to collecfively provide its services for use by the City of Eagan.
Trensaction:
Funding Source:
Financial Information:
(Explain)
Activity Number.
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Decembe� 7, 2005 2:49 PM Page 1
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TRAFFIC AND LIGHTING INFRASTRUCTURE MAINTENANCE AGREEMENT
BETWEEN THE CITY OF SAINT PAUL AND 'IT� CTTY OF EAGAN
This Agreement is made this ls }� day of JU'v,�e„„ P, e,� , 2005 by and between
the City of Saint Paul, a Minnesota municipal corporation, hereinafter called "St. Paul"
and the City of Eagan, a Mimiesota municipal corporation, hereinafter called "Eagan."
(St. Paul and Eagan are collectively referred to herein as the "Parties").
WTTNESSETH:
Whereas, St. Paul possesses the skill and expertise via its Department of Public Works, to
service, repair, maintain and install street lights, traffic signals, signs, and pauement
markings and ha�e serviced its own traffic and lighting infrastructure for several decades
(the "Services"); and
Whereas, Eagan has need of the Services at various locations within its borders; and
Whereas, both St. Paul arid Eagan are willing to enter inta an agreement whereby St. Paul
will provide Eagan with Services and Eagan wili pay St. Paul for the same; and
Whereas, Minnesota Statutes, Secfion 471.59, provides that two or more governmental
units, by agreement entered into through action of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties or any sunilar
powers, including those which are the same except for the territorial limits within which
they are exercised. Now therefore,
IT IS MUTUALLX AGREED BY AND BETWEEI�F ST. PAUL AND EAGAN AS
FOLLOWS:
1. That St. Paul will provide general maintenance repair and installation Services in a
tixnely manner on an"as needed" basis.
2. That this agreement may be amended by Eagan at any time providing such amendment
is in writing and specifically describes the nature and type of such matter, its location and
- effective date of the change. Such amendment shall be sent to Traffic Operations- ---
Engineer, 899 N. Dale Street, Saint Paul, Mimiesota 55103.
3. That said services shall include repair of malfunctions and knockdowns of street lights
and or traffic signals as they occur. Painting of poles may be arranged through the City
of Saint Paul, or its contractor, which will be paid directly by Eagan. Services
contemplated herein do not include energy costs. Additional services sball include
fabrication and or installation of traffic signs and installation of various types of
pauement markings.
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4. That all elechical work performed by St. Paul will be in conformance with the national
electrical code and in a neat and worl�nanlike manner. Further, traffic control during any
maintenance performed by St. Paul shall be struchxred according to Appendix B of the
Manual of Uniform Traffic Control Devices.
5. That any consirucrion work, excavation work and concrete wark needed for the
effective installarion, repair or maintenance of the infrashvcture serviced by St. Paul shall
be done by Eagan or agreed upon prior to commencement of work.
6. That any damaged materials removed by St. Paui, pursuant to this agreement, shall be
tmned over to Eagan far inspection and disposal.
7. That Eagan, if available, shall fiunish to St. Paul a copy of any and all repair and
maintenance manuals and revisions of the same for any and all equipment.
8. That Eagan shall, from time to time, provide a written list of persons authorized by
Eagan to call for service hereunder. Any call for service by aa�y other persons shall be
verified by St. Paul before work commences.
9. That authorized Eagan representatives sha11 direct telephone calls for Services when
needed between the hours of 730 AM and 430 PM Monday through Friday excluding
legal holidays to St. Paul's traffic operations center at 487-7200. At all other times, calls
for service shall be directed to St. Paul's 24-hour dispatcher at 292-6600.
10. That St. Paul sha11 immediately dispatch qualified personnei to repair and correct
emergency or dangerous situations on a priority basis considering all traffic Infrastructure
maintained by St. Paul, taking care of the most dangerous situations first.
1 L That St. Paul shall, for non-emergency or non-dangerous situations, respond to calls
for service within twenty-four (24) hours if such calls are received between 7:00 AM and
530 PM, Monday through Friday, excluding legal holidays. A call for service at any
other time shall be responded to within seventy-two (72) hours.
12. That to the extent possible, depending on St. Paul's complement of available staff and
available-parts, any infrashucture covered hereunder sha11 be restored to notmal operation
within seventy-two (72) hours from the time the call for service is received.
13. That St. Paul will bill Eagan for Services rendered hereunder on a monthly basis
detailing a description of the work involved; the labor and equipment used in the
performance thereof, and the parts and materials fiimished.
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14. That labor charges will be billed by St. Paul at the wage it has established as adjusted,
via collecrive bargauuug with the various occupational groups who actually perform the
work. Such wage rates will also be adjusted to reflect the cost of fringe benefits paid by
St. Pau1 to those occupational groups who actually perfoxm the work. Further, the wage
rates and/or fringe benefits will be adjusted if the occupational groups are working
holidays, are on overtime status or have been subject to callback as tbe case may be and
as detennined by the time when work is performed hereunder. The labor chazges
referenced sha11 commence at the rime travel begins and termivate when travel ends for
any task performed for Eagan hereunder. St. Paul shall provide to Eagan the most current
billing rates for labor for each occupational group performing the work. St. Paui shall
also provide to Eagan the most current equipment billing rates. Whenever billing rates
ate changed, new rates shall be forwarded to Eagan by St. Paul.
15. T"hat Eagan shall be billed for parts and materials at St. Paul's actual cost plus a
mazkup of twenty percent (20%) to cover the costs ofrestocking, handling and operating
expenses.
16. Thah Eagan will remit the sums payable to St. Paul within thirty (30) days a8er its
receipt of same.
17. That all written notices and other communications required hereunder shall be sent to:
1���3.�1�Z:t%�
John McNamara
General Lead Electrician
899 N. Dale Street
St. Paul, MN 55103
Phone: (651) 487-7209
FOR EAGAN:
Tim Plath
Transportation Engineer
City of Eagan
___ _ __ 3830 PilotKnob Road __ _
Eagan, MN 55122-1810
18. Either St. Paul or Eagan may ternvnate this agreement without cause upon sixty (60)
days written notice from one to the other and any charges for Services rendered prior to
the termination date shall survive until paid.
19. There shall be no assagnment of this Agreement except upon the written consent of
the nonassigning party, which consent shall not be unreasonably withheld.
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20. Except as provided in Para�aph 2, this Agreement may be amended or any of its
terms modified only by written amendment authorized and executed by St. Paul and
Eagan.
Zl. St. Paul and Eagan shall each be responsible for their own acts and omissions and the
results thereof to the extent authorized by law. St. Paul and Eagan's liabilifies are subject
to statutory liability limitations.
22. St. Paul shall assist Eagan with respect to any requests for documentation or reports
ar any other general assistance required pursuant to this Agreement.
APPROVEB AS TO FORM: CITY OF EAGAN
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City Attorney's Office Date Pat Geag " Date
Its: Mayor
APPROVED AS TO CONTENT:
v. 2 ,� rhzz-�rs
Thomas A. Colbert Date
Director of Public Works
BY� �'�1'lr, n a.c^�_ K�-- Jr a�i-FJ S
Maria Petersen Date
Its: Clerk
Department of Public Works
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APPIFOVE➢ AS TO FORM: CITY OF SAINT PAUL
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St. Paul City Attorney Date Mayor Date
By:
- ; . Director Date
Department of Public Works
By:
Director Date
Of6ce of Financial Services
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