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07-890Council File # �� ��� Green Sheet # 3043810 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 19 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA �' WHEREAS, Como Pazk Zoo and Conservatory hosts more than 1.7 million gueszs each yeaz, and WHEREAS, nearly 84% of those visitors aze not from the Saint Paul azea and require direcrional help to successfully and safely find Como Pazk Zoo and Conseroatory, and WHEREAS, Minnesota Department of Transportation (MN DOT) and Como Pazk Zoo and Conservatory will partner together to provide direcrional signage on I-94 and Highway 36 to assist visitors, and WFIEEREAS, an authorizing resolu6on of the Saint Paul City Council is requued in ordei to establish an agceement between MN DOT and the CiTy of Saint Paul related to this project, and WHEREAS, grants from the Como Zoo and Conservatory Society will fund the fabricarion and installation of such signs, now, therefore, BE IT RESOLVED, that the City of Saint Paul enters into Agreement No. 91511-P, with the State of Minnesota Department of Transportarion, for the putpose of providing direcrional signage to Como Pazk Zoo and Conservatory, and be it fiuther RESOLVED, that the proper city officials, Pazks and Recreation, Director, Assistant City Attorney and Financial Setvices Director are authorized to execute such Agreement. Requested b Depamnent oE , �i'Yh 5 /� �,.0-,2--� �- . Gr�.������ _ � Adoption Certified by Coun �1 Secretary B y� _____G� � Approved ay . Date /'� / By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D7-g`1D Depar6nenVOffiee/council: Date Initiated: PR — P��dRecreation 71-SEP-07 i Green Sheet NO: 3043810 Contact Person & Phone: Mike Fiahm 487�296 µJ��� Doc.lype: RESOLUTIONW/$TRANSAC E-DOCUment Requised: N Doeument Contact: CoMact Phone: � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) 0 ks and Recreafion 1 azks and Recreation De artment Inrector 2 ivancial Services ce Financial Services 3 ' Attorne 4 or's O%ce Ma odAssistant 5 ouncl Ci Comcil 6 ' Clerk C" Clerk 7 arks and Recreation Mike Hahm Approve Council Resolution authorizing City officials to enter into an agreement with MN DOT to fabricate and install highway directional signs for Como Zoo and Conservatory. Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this perso�rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain ali yes answers on separate sheet and aStach !o green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Como Pazk Zoo and Conservatory hosts more than 1.7 raillion visitors each yeaz, a majority of which aze not familiar with the azea. MN DOT will fabricate and install signage on I-94 and Highway 36 directing guests to Lexington Pazkway exits to assit them to successfully and safely find Como. Advantages If Approved: Guests to Como Park Zoo and Conservatory will be able to have futher assistance fo successfully and safely locate Como Pazk Zoo and Conservatory. DisadvanWges If Approved: None Disativantages If Not Approved: The d'uecrional signage will not be fabricate and installed. As visitors try to locate Como Pazk Zoo and Conservatory, they will continue to have difficulty finding their destination. Transaction: $16,000 CosURevenue Budgeted: Y Funa�ny source: Como Zoo and Conservatory Financial Information: SOCi21)/ 9f8�1S (Explain) Activity Number: 380-33137 ;" z� :s'�, �� ;� ,, � ������� r�� ���:° I � �Cfl7 September 11, 2007 9:12 AM Page 1 i+ o� 8yo STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION METRO DISTRICT Mn/DOT Agreement No. 91511-P The State of Minnesota Department of Transportation, and C� of Saint Paul. Minnesota Re: City cost fabrication and installation of guide signs to Como Park Zoo & Conservatory on I-94 and TH 36 in the vicinity of the City of Saint Paul. 'r n.-��- . ,." _ s.U+t v; „- � � _�� C .,. - � �..'. 1 /�"`.% ���_:L�'l�\����},f Amount Encumbered (none) Amount Estimated Receivable $16,000.00 THIS AGREEMENT is made and entered into by the State of Minnesota, through its Commissioner of Transportation ("State"), and the City of Saint Paul, M+nnesota, acting by and through its City Council ("City"). WHEREAS, the City has requested that the State fabricate and install guide signs on I-94 and TH 36 directing motorists to Como Zoo and Conservatory, and the State is willing to provide such service provided the State is reasonably compensated for such services; WHEREAS, the Cify has expressed its willingness to pay the State for the sign instafiation; and WHEREAS, pursuant to Minnesota Statutes Section 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with other govemmental or non-governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means ofi providing transportation related services; or for other cooperative programs that provide efficiencies in providing governmental services that further develop innovation in transportation for the benefit of the citizens of Minnesota; and WHEREAS, pursuant to Minnesota Statutes Section 471.59, subdivision 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit. 1 of 6 ����� Mn/DOT Agreement No. 91511-P iT IS, THEREfORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I— TERM OF AGREEMENT This Agreement will be effective for a one year term starting on September 1, 2007, or the date of final execution and approval by all appropriate City and State o�cials as required by Minnesota law, whichever is later. This Agreement will remain in effect until Sepfember 1, 2008. ARTICLE II - PERFORMANCE OF SIGN INSTALLATION A. Upon the City's request, the State will fabricate and install eight signs on 1-94 and TH 36 providing guidance to Como Zoo and Conservatory. The State will pertorm the fabrication and installation in the manner currently used by the State. B. At any time before both parties agree on a time schedule, either party to this Agreement may terminate this Agreement. Termination of the Agreement must be accomplished by serving a written notice upon the other's authorized representative. . C. The State will provide all labor, equipment, and materials necessary to perform the sign fabrication and installation. This includes exit guide signs along both eastbound and westbound I-94 and TH 36 and directional turning signs for off-ramps at I-94 and Lexington Avenue and TH 36 and Lexington Avenue. Drawings of signs to be installed are shown on Exhibit A of this agreement. D. Costs for sign maintenance wiil be the responsibility of the City of Saint Paul. Maintenance issues may include, but are not limited to, replacing sign panels as the sign sheeting reaches the end of its useful life which is typically 12 to S5 years; and replacement or repair of signs if they are damaged such as by vehicle strikes or graffiti. ARTICLE Iil - PAYMENT OF CITY COST SHARE Section A. Advancement of the Citv's Cost Share The City will pay the State the actual cost incurred by the State to fabricate and install the signs estimated at $16,000.00 Prior to the State perForming any sign fabrication and installation covered under this Agreement, and after the following conditions have been met, the City must advance the total estimated cost of $16,000.00 to the State: 2 of 6 o�-��o Mn/DOT Agreement No. 91511-P The State executes and approves fhis Agreement and sends a copy to the City; and 2. The City receives a written requesf from fhe State for the advancement of funds. Payment must be made to the order of the Commissioner of Transportation and reference the "141n/DOT Agreement Number" shown on the face page of this Agreement. Section B. Final Pavment bv the Citv After the State has installed fhe signs in accordance Article II, the State will determine the City's final cost for work covered under this Agreement. The Cit�s final cost will consist of the State's actual cost of labor, materials, and equipment used to install the signs as determined by the State cost accounting system. If the City's final costs exceed the amount of funds advanced by the City, the City must, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the City's final cost share is fess than the amount of funds advanced by the City, the State must promptly return the balance to the City without interest: The City waives claim to any refund of $5.00 or less. ARTICLE IV - GENERqL PROVISIONS Section A. Examination of Books, Records, and Accountinq Procedures As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the Minnesota Department of Transportation Auditor, the City Auditor, the Legislative Auditor, and the State of Minnesota Auditor, as appropriate, for a minimum of six years from the expiration of this agreement. Section B. Liabilitv Each party to this Agreement wil! be responsible for its own acts and omissions, the acts and omissions of its empioyees, and the results thereof to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or its employees and the results thereof. The State's liabi{ity wi{I be governed by Minnesota 9tatutes Section 3.736 and other applicable law. The City's liability will be governed by Minnesota Statutes Chapter 466 and other applicable law. 3 of 6 a�-�y0 Mn/DOT Agreement No. 91511-P Section C. Extent of Aqreement This entire Agreement between the State and the City is contained herein. This Agreement supersedes all oral agreements and negotiations between the State and the City relating to the subject matter hereof. All items referred to in this Agreement are made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Amendments Any amendments to this Agreement must be in writing and must be executed by the same parties that executed the original Agreement, or their successors in office. Section E. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of wtaich together wili constitute one and the same agreement. Section F. Data Practices The parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Ghapter 13, as it applies to all data provided by or to a party pursuant to this agreement. ARTICLE V - AUTHORIZED REPRESENTATIVE Each party's Authorized Representative is responsible for administering this Agreement, and has tMe authority to give and receive any notice or make any decision required or permitted by this Agreement. The State's Authorized Representative is the Metro Traffic Engineer, or his/her successor. The current address and phone number is 1500 West County Road B2, Roseville, MN 55113, (651) 234-7801. The City's Authorized Representative is the Como Campus Manager, or his /her successor. The current address is 1225 Estabrook Drive, Saint Paul, MN 55103, (651) 487-8296. � b"l���C� MnlDOT Agreement No. 91511-P ARTICLE VI — TERMINATION 1. Either parry may terminate this Agreement, with or without cause, upon 30 days notice to the other party. 2. Either party may terminate this Agreement immediately upon notice to the other party if: (1) funding necessary to complete project or perform the services under this Agreement is not obtained or can not be continued at a sufficient level. (2) reductions or reallocations of funding or personnel make it impossible or impractical to perform the services to be provided under this Agreement. � 3. The parties will use their best efforts to handle any termination pursuant to this article in a manner intended to minimize further costs and liability incurred by the City. 4. Upon termi�ation, the State will be entitled to payment, determined on a pro rata basis, for senrices satisfactorily performed. The State will promptly refund any funds advanced by the City which exceed the amount due the State except that the City waives ciaim to any refunds of $5.00 or less. ARTICLE VII — NO WARRANTIES The State does not warrant, represent, or guarantee that the signs will remain in place for any specific period of time. This Agreement will not be construed to create any specific right of signing to Como Park Zoo and Conservatory. The State does not guarantee that the signs will remain in their original placed positions, or that the signs will be allowed at a future date. The State reserves its fuli rights to manage and make changes to its signing policies for I-94 and TH 36 in accordance with safety, capacity, design, maintenance, and other concerns. 5 of 6 o�-�yo Mn/DOT Agreement No. 91511-P IN TESTIMONY WHEREOF the parties have executed this Ag�eement by their authorized officers this Agreement is duly executed on the last date written below. CITY OF SA1NT PAUL By: _ Title: Date: By: _ Title: Date: DEPARTMENT OF TRANSPORTATfON By: _ Title: Date: Approved as to Form and Execution By: _ Title: Date: DEPARTMENT OF ADMINISTRATION � Date: 6 of 6 b�-�6 ID Exhi�it A �16.9 � 54.5�� 11.5 �-16.9-� �11.4�� 139.2 �11.4� �27.1 62.1 � 27.1--� OH 495-94; 12.0" Radius, 2.0" Border, White on. Green; "Wm Mitchell" E Mod; "Coil of Law" E Mod; "EXIT 239B" E Mod; 12.0" Radius, 2.0" Border, White on Brown; °Como Zoo &" E Mod; "Conservator�' E Mod; "EXIT 239B" E Mod; b'l -g�Jl� 1—�-- 3 3.2 —� 12.5 �-- — 62.1—�- 27. 11.4 139.2 11.4 - 16.9� -- 54.5—�-13.3�-35.5—�-13.4� 11.5 �-16.9- � lJ • � � � � �ter� - � ` ! 0 r � M M � � N � W L(� � M ^ M ^ � � � O � � � � � � � � � .. 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