06-587Council File # 6 � — S�
Green Sheet #3031029
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RESOLUTION
SAINT PAUL, MINNESOTA
WHEREAS, the City of Apple Valley has need of the Services at various locations within iu borders, and
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WHEREAS, both Saint Paul and Apple Valley aze willing to enter into an agreement whereby Saint Paul will provide Apple
Valley with services and Apple Valley will pay Saint Paul for the same; and
WHEREAS, Minnesota Statutes, Secrion 471.59, provides that two or more governmental units, by agreement entered into
Through action of their governing bodies, may joindy or cooperatively exercise any power common to the contracting parties or
Any similaz powers, including those that aze the same except for the territorial limits within which they are exercised. Now
Therefore, be it
RESOLVED, that the City Council authorize s the proper city officials to enter into and sign the agreement.
Yeas Nays Absent Requested by Department of:
Benanav i/ Py,g�.c �ii�s
Bostrom
Harris �
Helgen J
T..�.t..., . By �
Form Approved by City � A ,p ttome
BY� `�I,SoL Y�l, ��
Adopted by Council: Date
Adoption Certified by Council Secreta� Form A rov by ayor Submi ' n to Council
BY� rL ra By:
Approved b yo Date %� OJ�
By:
VTHEREAS, the City of Saint Paul possesses the skill and expertise via its Department of Public Works to service, repair.
Maintain and install street lights, ff�c signals, signs and pavement mazkings and have services its own traffic and lighting
Infrastructure for severa] decades (the "Services"), and
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depa+4nentloffice(cou�ih Date hiitiated: � O N y ��
pyy —rubti�wo� ;,�,�� i Green Sheet NO: 3031029
Confact Person & Phone:
Brian Ydek
266-6256
must Be on Council Agenda
2&JUN-06
Contract Type:
E2-0iHER AGREEMENT/CAMRACT
��
Assign
Number
For
Routing
Order
Total # of Signat�re Pages ^ (Clip NI Locations for Signature)
0
1 bli works sraceBeese �
2 A Ci A rne
3 or'sO�ce Mavor'sOtSce i
4 �01 i Ctitv Camcil
5 tv Clerk � (Sri Clerk i
6 rieinatineDeoarhne �
Adion Requested: �
Approve The attached Council Resolution authorizing proper City of Saint Paui officials to enter into a Joint Powers Agreement with
the City of Apple Valley, IvIinnesota , whereby Saint Paul will provide services to Apple Valley and Apple Valley shall pay for
services.
Recommendations: Apprrne (A) or Reject (R):
Plannirg Commission
CIB Committee
GNI Sen,ice Commission
Personal Service Contraets MustMSwerthe Following Questions:
1. Has this persoNfirtn e�er wodced under a corrtract tor this department?
Yes No
2. Has Utis pe�sunJfirtn e�er heen a city employee?
Yes No
3. Does lhis persoNfirtn possess a skill not normally possessed by any
curterrt city employee?
Yes No
Explain all yes answers on separate sheet and altach W green sheet
Inkiating Problem, issues, Opportunity (Who, Whaf, When, Where, Why):
The City of Apple Valley desires that the CiTy of Saint Paul provide various services for which Apple Valley shall pay. These services
may include repairing, manufactureing, inaintaining and/or installing street lighTS, h�affic signals, signs, and pavement tnatkings. A
copy of the Agreement is attached for infortnation.
AdvanfaqeslfApproved:
The CiTy of Saint Paul will be authorized to enter into an agreement with the City of Apple V alley and pmvide the idenrified
based on pre rates and fees.
Disadvantages NApproved:
None identified to date.
JUN 2 3 20�6
Disadvantages IF Not Approved: �
The CiTy of Saint Paul will not have sufficient authorization to collectively provide its services for use by the City of Apple Valley.
Tofal Amount of
Transaction:
Funding Source:
Financial information:
(Explain)
CosURevenue Budgeted:
Activity Number: .
JUtd 2 0 �UUo
Council Rese����e��r" �����
GI
June l5, 2006 223 PM Page 1
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TR Ar'FIC AND LIGFITING INFRASTRUC'I'URE MAINTENANCE AGREEMENT
BETWEEI3 TF� CITY OF SAINT PAUL AND Tf� CITY OF APPLE VALLBY
This Agreement is made tlus day of , 2006 by and between
the Ciiy of Saint Paul, a Minnesota municipal corporarion, hereinafter called "St. Paul"
and the City of Apple Valley, a Miunesota municipal corporation, hereinafter called
"Apple Valley." St Paul and Apple Valley aze collectively refened 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, tr�c signals, signs, and pavement
markings and have serviced its own traffic and lighting infrastructure for several decades
(the "Services"); and
Whereas, Apple Valley has need of the Services at various locations within its borders;
and
Whereas, both St. Paul and Apple Valley are willing to enter into an agreement whereby
St. Paul will provide Apple Valley with Services and Apple Valley 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 acfion of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties or any similar
powers, including those wluch aze the same except for the temtorial limits within which
they aze exercised. Now therefore,
IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL AND APPLE VALLEY
AS FOLLOWS:
1. That St. Paul will provide general maintenance repair and installation Services in a
timely manner on an "as needed" basis.
2. That this agreement may be amended by Apple Valley 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 Pau1, Minnesota 55103.
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3. That said services shall include repair of malfunctions and knockdowns of sireet 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 Apple Valley. Services
contemplated herein do not include energy costs. Additional services shall include
fabrication and or installafion of traffic signs and installation of various types of
pavement marldngs.
4. That all elechical work performed by St. Paul will be in confozmauce with the national
electrical code and in a neat and worlanaulike manner. Further, traffic control during any
maintenance performed by St. Paul shall be structured according to Appendix B of the
Manual of Uniform Traffic Control Devices.
5. That any construction work, excauation work and concrete work needed for the
effecfive installation, repair or maintenance of the infrastructure serviced by St. Paul shall
be done by Apple Valley or agreed upon prior to commencement of work.
6. That any damaged materials removed by St. Pau1, pursuant to this ageement, shall be
turned over to Apple Valley for inspection and disposal.
7. That Apple Valley, if available, shall furnish 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 Apple Valley sha11, from time to time, provide a written list of persons authorized
by Apple Valley to call for service hereunder. Any call for service by any other persons
shall be verified by St. Paul before work commences.
9. That authorized Apple Valley representatives shall direct telephone calls for Services
when needed between the hours of 7:30 AM and 4:30 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 shall immediately dispatch qualified personnel to repair and correct
emergency or dangerous situations on a priority basis considering all tr�c Infrastructure
maintained by St. Paul, taking care of the most dangerous situations fust.
11. That St. Paul shall, for non-emergency or non-dangerous situations, respond to ca11s
for service within twenty-four (24) hours if such calls are received between 7:00 AM atid
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 e�ctent possible, depending on St. Paul's complement of auailable staff and
a�ailable parts, any infrastructure covered hereunder shall be restored to normal operation
within sevent�-two �2� hours from the time the call for service is received
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13. 'I7iat St Paul will bill Apple Valley 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 fumished.
14. That labor charges will be billed by St Paul at the wage it has established as adjusted,
via collective bargaining 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. Paul to those occupational groups who actually perform the work. Further, the wage
rates and/or fringe benefits will be adjusted if the occupational groups are 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 charges
referenced sha11 commence at the time travel begins and terxninate when travel ends for
any task performed far Apple Valley hereunder. St. Paul shall provide to Apple Valley
the most current bIlling rates for labor for each occupafional group performing the work.
St. Paul shall also provide to Apple Valley the most current equipment billing rates.
Whenever billing rates aze changed, new rates sha11 be forwarded to Apple Valley by St.
Paul.
15. That Apple Valley 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 restocking, handling and
operating expenses.
16. That Apple Va11ey will remit the sums payable to St. Paul within thirty (30) days after
its receipt of same.
17. That all written nofices and other communications required hereunder shall be sent to:
I�L�7:Z.YI1�7[i17A
John McNamara
General Lead Electrician
899 N. Dale Street
St. Paul, MN 55103
Phone: (651) 487-7209
FOR Apple Valley:
City Clerk
City of Apple Vailey
7100 West 147�' Street
Apple Valley, MN 55124
18. Either St. Paul or Apple Valley may tenuivate this agreement without cause upon
sia�ty (60) days written notice from one to the other and any chazges for Services rendered
prior to the termination date shall survive until paid.
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19. There shall be no assignment of this Agreement except upon the written consent of
the nonassigning party, which consent shall not be unreasonably withheld.
20. Except as provided in Pazagraph 2, this Agreement may be amended or any of its
terms modified only by written amendment authorized and executed by St. Paul and
Apple Valley.
21. St. Paul and Apple Valley shall each be responsible for their own acts and omissions
and the results thereof to the extent authorized by law. St Paul and Apple Valley's
liabilities are subj ect to stahxtory liability limitations.
22. St. Paul shall assist Apple Valley with respect to any requests for documentation or
reports or any other general assistance required pursuant to this Agreement.
CITY OF SAINT PAUL
i�
��
:
Cluis Coleman, Mayor
Bruce Beese
Director of Public Works
Department of Public Works
Director
Office of Financial Services
APPROVED AS TO FORM:
�
Saint Paul City Attorney
Date
Date
Date
r �:
CITY OF APPLE VALLEY
��,
By: � �- 5-Z5-o�
H -Rol d, M y r Date
By: rYud.a� Giel�1�7 S-ZS-ob
Pamela J. Gac etter, City Clerk Date
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