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06-812Council Fyle #�o� Green Sheet # '3Q� " Oq � RESOLUTION � CITY OF SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 To enter into Agreement No. 88641M, in accordance with the terms and condirions set forth and contained in Agreement No. 88614M, a copy of wluch was before the Council. BE IT FiJRTHER RESOLVED tUat the proper City officers be and heieby ace authorized to execute such ageement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Yeas Na Absent Benanav � Bostrom �/ x�;5 ,� Helgen ,i IantiY �/ Montgomery �/ Thune �/ d a Adopted by Council: Date � �� -Q�, Adoption Cer�tifi�e by Council Secretary BY� /!�//f/�L��e�/iF�SU/7 Approve a : Date ��(�-� BY� � i �� :a � Requested by Depaztment of: � �%ll I� � �� � Form Approved by City Attomey BY� i7'/ Sa-- �(/�� Form Approve M or for Submission o Council B BE IT RESOLVED that the City of Saint Paul enter into an ageement with the State of Minnesota, Deparpnent of Transportation for the following piuposes, to wit: � !��/s/�6 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��O ��� pW – Publicworks Document Contact: Brian Vitek Contad Pecson 8 Phone: Paul St Martin 266-G118 Must Be on Counctl Ageni 23AUC:06 ,���� i Green Sheet NO: 3032092 � I ueparvnenx ae,rc i o rerson mmawate � O nuc_w_�� rewSLmr�o 8'ts'aC / Assign i bticWorks IDeonr�entDirector 1 ��– /es Number 2 Fof 3 vor's OF6ce MavodAnistiant I Routing Order 4 " I —� 5 i erk Ci ContactPhone#: 266-6256 Total # of SignaNre Pages _(Clip Nl Locations for Signature) Approve Council Resolufion authorizing pmper City officials to enter into Agreement 88641M with MnDOT. The agreement provides for the maintenance and operauon of the existing traffic sigaal on Trunk Highway 51 (Snelling Avenue) at Hoyt Avenue, in Falcon Heights and Saint Paul, Racnsey County, Mim�esota. 7tlations: Appro�e (A) or Reject Planning Commission CIB Committce Citii Senice Commission Personal Service Confracts MustMSwerfhe Following Questions: 1. Has this persoNfirm e� wnrked under a corrtract for this department? Yes No 2. Has this person/firtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill rwt nortnaliy possessed by amr curteM city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Indiating Problem, lssues, Opportuniiy (Who, What, When, Where, Why): Ramsey County has turned back a portion of Hoyt Avenue to Saint Paul and Falcon Heights. Advantapes lfiAUproved: The City of Saint Paul wIll be authorized to enter into Agreement No. 88641M with MnDOT. A copy of the agreement is attached information. Disadvantapes IfApproved: None identified to date. Disadvanta9es 1f Not Approved: The Ciry of Saint Paul will not have sufficent authorization to enter into the agreement. Transaction: FundiMtSource: CostlRevenue Budgeted: ANivity Number: Financial InformaGon: (Explain) August 15, 2006 19:13 AM Page 1 � � �t�C I 5 2006 ��� 5 ���y` �6��" C V4�I+.rI! �QL- . y.. !� \t , D6 - 81� MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT N0.88641M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF FALCON HEIGHTS AND THE CITY OF SAINT PAUL FOR Maintenance and Operation of the existing Traffic Control Signal with Street Lights, Interconnect and Signing on Trunk Highway 51 (Snelling Avenue) at Hoyt Avenue, in Falcon Heights and St. Paul, Ramsey County, Minnesota. C.S. 6215 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED None Otherwise Covered 0 �l� -�1 �- PARTIES THIS AGREEMEN'� is entered into by the Minnesota Department of Transportation, (State), the City of Falcon Heights, (Falcon Heights), and The City of Saint Paul (St. Paul ) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The Ramsey County Public Works Department has turned back the road formerly known as County State Aid Highway No. 56 (Hoyt Avenue) to Falcon Heights and St.Paul. This road is currently known as Hoyt Avenue. The parties desire to provide the maintenance and operation for the existing traffic control signal, including street lights, interconnect and signing (Traffic Control Signal), on Trunk Highway 51 (Snelling Avenue) at Hoyt Avenue. Due to Ramsey County no longer having jurisdiction over any legs of this intersection, Ramsey County will no longer perform the minor maintenance or pay for the monthly electrical power 88641M -1- D���i for the existing Traffic Control Signal, at the location provided £or above. Falcon Heights, St.Paul and the State will participate in the maintenance and operation of the existing Traffic Control Signal and related street lights. CONTRACT 1. The responsibility for the existing Traffic Control Signal is as follows: a) St.Paul will, at its cost and expense: (1) relamp the existing traffic control signal; (2) clean and paint the existing traffic control signal, cabinet and luminaire mast arm extensions; (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary; and (4) relamp the street lights; and b) The State will, at iCs cost and expense, maintain the signing and interconnect and perform all other existing traffic control signal and street light maintenance; and c) Falcon Heights will, at its cost and expense, pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signal. 88641M -2- D�-g��- 2. The cost share formula for the items listed in section 1 are as follows: a) St. Paul will invoice Falcon xeights for 750 of said work with copies of invoices attached. St. Paul will be responsible for 25% of said costs. B) Costs for this said work will be the sole responsibility of the State. C) Falcon Heights will, at its cost and expense, pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signal. Falcon Heights will invoice St. Paul for 250 of these costs with copies of the electric utilities invoices attached. Falcon Heights will be responsible for the remaining 75� of these said costs. 3. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Falcon Heights' and St. Paul's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 4. All timing of the existing Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 88641M -3- D(���1 �- 5. Upon execution and approval by Falcon Heights, St.Paul and the State, this agreement will supersede and terminate maintenance and operation terms in Agreement No. 63819, Dated March 16, 1987 regarding the intersection of Trunk Highway No. 51 (Snelling Avenue) at County State Aid Highway No. 56 (Hoyt Avenue) between Ramsey County, the City of Roseville, Falcon Heights, and the State. 6. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 8. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind any of the parties. 9. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 88641M -4- �C� -g1 �- 10. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 88641M -5- D� gla-- CITY OF FALCON HEIGHTS � Susan Gehrz, Mayor Date: � City Administrator Date: � vl�-8ra- City Attorney CITY OF ST. PAUL _ By: Mayor Date: By: Director of Public Works Date: 8S641M -7- , U(�-8/�- DEPARTMBNT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Metropolitan District Engineer SSIONER OF ADMINISTRATION As delegated to Materials Management Division � Date: DEPARTMENT OF TRANSPORTATION By: State Design Engineer Date: As to form and execution: By: Contract Management Date: � �t� -8/a- RESOLUTZON BE IT RESOLVED that the City of Falcon Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with street lights , interconnect and signing on Trunk Highway 51 (Snelling Avenue) at Hoyt Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 88641M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Falcon Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Falcon Heights at a duly authorized meeting thereof held on the day of , 2006, as shown by the minutes of said meeting in my possession. � Title: (Seal) ��a�YNRi391K�1�1 U� � �l a-- RSSOLUTIOI3 BE IT RESOLVED that the City of Saint Paul enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with street lights , interconnect and signing on Trunk Highway 51 (Snelling Avenue) at Hoyt Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 88641M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATSON State of Minnesota City of Saint Paul I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Saint Paul at a duly authorized meeting thereof held on the day of , 2006, as shown by the minutes of said meeting in my possession. � Title: (Seal)