06-239Council File # � � � � � I
Green Sheet # 7, Q� q7 $ �
RESOLUTION
SAINT PAUL, MINNESOTA
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Presented by
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WHEREAS, the City of Saint Paul possesses the skill and expertise via its Department of Public Works, to service, repair,
maintain and install sheet lights, treft'ic signals, signs and pavement markings and have serviced its own traffic and lighting
infrastructure for several decades (the "Services); and
WHEREAS, the City of Newport has need of the Services at various locations within its borders; and
WE�REAS, both Saint Paul and Newport aze willing to enter into an agreement whereby Saint Paul will provide Newport with
Services and Newport will pay Saint Paul for the same; and
WHEREAS, Minnesota Statutes, Secrion 471.59, provides that rivo or more govemmental units, by agreement entered into
through action of their governing bodies, may jointly or cooperarively exercise any power common to the contracting parties or
any similar powers, including those that aze the same except for the temtorial limits within which they are exercised. Now
therefore, be it;
RESOLVED, that the City Council authorizes the proper city officials to enter into and sign the agreement.
Adoprion Certified by Council Secretary
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Approved by3c�Iay r: Date �—� ��
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Requested by Depachuent of:
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Form Approved by City
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Form A r e y Ma for u' si Council
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Adopted by Council: Date ���� ��oG
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrnentloffiee/wuncii: Date In"fiated: � �' ���
Pw -�L�w� ,��E� Green Sheet NO: 3029751
Conpet Person & Phone: -'
Brian V'Rek
Z66-6256 Assign
Mus! Be on Councd Agenda by (Date): Number
01-MAR-06 For
Routing
Order
Contract Type:
E2-0THER AGREEMENT/CON RiACT
Toql � of Signature Pages _(Clip NI Lowtions for Signature)
Deoar6nent SentToPerson
0 ti a artin
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Approve the at[ached Council Resolution authorizing proper Ciry of Saint Paul officials to enter in[o a Joint Powers Ageement with
the Ciry of Newport, Minnesota, whereby Saint Paul will provide services to Newport and Newport shali pay for services.
idations: Apprrne (A) or Reject (R):
Planning Commission
CIB Committee
Cidl Senice Commission
1. Has this person/firm e�er wv�lced under a contract for this departmeM?
Yes No
2. Has this person/firm e�er been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
curteM ciTy employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Mitiating Problem, Issues, Opportunily (Who, Wha; When, Where, Why�:
The City of Newport desires that [he City of Saint Paul provide vazious services for which Newpor[ shall pay. These services may
include repairing, manufachuing maintaining and/or installing street lights, tra�c signals, sigps, and pavement markiugs. A copy o1
the Agreement is attached for infomiation.
Advantages flApproved:
The City of Saint Paul will be authorized to enter into an ageement with the Ciry of Newport and provide the identified services based
on pre-estabGshed rates and fees. �,��,, ,� ,���., ,� , � , ��, �
Disadvantages if Approved:
None identified to date.
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Disadvantages N Not Approvetl:
The City of Saint Paul will not have sufficient authorizarion to collecrively provide its services for use by the City of Newport.
Transaction:
Funding Souroe:
Financial infonnation:
(Explain)
CasURevenue Budgeted:
awe�wtyN�mt,e�A-��^r! �'-�.w��°�.'�.c;n#e� FEB 2 8 2006
;��� Q � � MAYOR'S OFFICE
February 17, 2006 1:47 PM Page 1
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'TRAFFIC AND LIGHTING INFRASTRUCTURE
MA]�VTENANCE AGREEMENT
BETWEEN TI� CITY OF SAINT PAUL AND THE CITY OF
NEWPORT
This Agreement is made this day of 2006 by and between
the City of Saint Paul, a Minnesota municipal corporation, hereinafter called "St Paul"
and the City of Newport, a Minnesota municipal corporation, hereinafter called
"Newport." (St. Paul and Newport are collectively referred to herein as the "Parties").
WITNESSETH:
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 pavement
marlangs and haue serviced its own traffic and lighting infrastructure for several decades
(the "Services"); and —
Whereas, Newport has need of the Services at various locations within its borders; and
Whereas, both St. Paul and Newport are willing to enter into an agreement whereby St.
Paul will provide Newport with Services and Newport will pay St. Paul for the same; and
Whereas, Minnesota Statutes, Section 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 similar
powers, including those which are the same except far the territorial limits within which
they are exercised. Now therefore,
IT IS MU'TUALLY AGREED BY AND BETWEEN ST. PAUL AND NEWPORT AS
FOLLOWS:
1. That St. Paul will provide general maintenance repair and installation Services in a
timely manner an an "as needed" basis.
Z. That this agreement may be amended by Newport 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. Da1e Street, Saint Paul, Minnesota 55103.
3.That said services shall include repair of malfunctions and knockdowns of street lights
as they occur. Painting of poles may be ananged through the City of Saint Paul, or its
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contractor, which will be paid direcfly by Newport. Services contemplated herein do not
include energy costs. Additional services shall include fabrication and or installarion of
traffic signs and installation of various types of pavement marldngs.
4.The location of the Street LigTits to be maintained by the City of Saint Paul are shown
by E�ibit A attached, and herein inade apart hereof;
S.That all electricat wark performed by St. Paul will be in conforniance with the nationai
electricat code and in a neat and workmanlike manner. Further, traffic control during any
maintenance performed by St. Paul shall be structured according to AppendiY B of the
Manual ofUniform Traffic Control Devices.
6.That any construction work, excauation work and concrete work needed for the
effective installation, repair or maintenance of the infi�astructure serviced by St. Paul shall
be done by Newport or agreed upon prior to commencement of work.
'7. That any damaged materials removed by St. Pau1, pursuant to this agreement, shall be
turned over to Newport for inspection and disposal.
8. That Newport, 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 a11 equipment.
�. That Newport shall, from time to time, provide a written list of persons authorized by
Newport to call for service hereunder. Any ca11 for service by any other persons shall be
verified by St. Paul before work commences.
10. That authorized Newport representarives shall direct telephone calls for Services
when needed between the hours of 7:30 AM and 4:30 PM Monday through Friday
exciuding legal holidays to St. Paul's tra�c 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.
11. That St. Paul shatl immediately dispatch qualified personnel 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.
12. That St. Paut shall, for non-emergency or non-dangerous situaUons, respond to calls
for service within twenty-four (24) hours if such ca11s are received between'7:00 AM and
5:30 PM, Monday through Friday, excluding legal holidays. A ca11 for service at any
other time shall be responded to within sevenTy-two (72) hours.
13. That to the extent possible, depending on St. Paul's compiement of auailable staff and
available parts, any infrastructure covered hereunder shall be restored to normal operation
within seventy-two (72) hours from the time the call for service is received.
14. That St. Paul will bill Newport for Seivices 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 fiunished.
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15. That labor charges will be billed by St Paul at the wage it has established as adjusted,
via collective bargainiug with the various occupational groups who actually perform the
work. Such wage rates will also be adjusted to reflect the cost of fringe benefifs paid by
St. Paul to those occupaiional groups who actually perform tfie work Further, the wage
rates and/or fringe benefits will be adjusted if the occupational groups aze working
holidays, aze on overtime status or have been subject to callback as the case may be and
as determined by the time when work is performed hereunder. The labor cl�arges
referenced shall commence at the time travel begins and terminate when travel ends for
any task performed for Newport hereunder. St. Paul sha11 provide to Newport the most
current billing rates for labor for each occupational group performing the work. St. Paul
shali also provide to Newport the most current equipment billing rates. Whenever billing
rates are changed, new rates shall be forwarded to Newport by St. Paul.
16. That Newport shall be billed for parts and materials at St. Paul's actual cost plus a
markup of twenty percent (20%) to cover the costs of restocldng, handling and operating
expenses.
I7. That Newport will remit the sums payable to St. Paul within thirly (30) days after its
receipt of same.
18. That all written notices and other communications required hereunder shall be sent to:
FOR ST. PAUL:
John McNamara
General I,ead Electrician
899 N. Dale Street
St. Paul, MN 55103
Phone: (651) 487-72Q9
FOR NEWPORT:
Larry Bodahl
City Administrator
City of Newport
596 Seventh Avenue
Newport, MN 55055
19. Either St. Paul or Newport may terminate ttris 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.
20. There shall be no assignment of this Agreement except upon the written conseut of
the nonassigning pariy, which consent sha11 not be unreasonably withheld.
21. Except as provided in Paragraph 2, this Agreement may be amended or any of its �� ���
terms modified only by written amendment authorized and executed by St. Paul and
Newport.
22. St. Paul and Newport shall each be responsible for their own acts and omissions and
the results thereof to the eatent authorized by law. St. Paul and Newport's liabilities are
subject to statutory liability limitations.
23. St. Paul shall assist Newport with respect to any requests for documentation or reports
or any other general assistance required pursuant to this Agreement.
APPROVED AS TO FORM: CITY OF NEWPORT
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Newport City Attomey Date
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APPROVED AS TO CO NT:
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D'uector of Pubhc orks Date
Department of Public Works
APPROVED AS TO FORM:
St. Pau1 City Attorney Date
Clerk
CTTY OF SAINT PAUL
—BY�
Mayor Date
By:
Director of Public Works Date
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Date
Department of Public Works
Duector of Financial Services Date
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