07-890Council File # �� ���
Green Sheet # 3043810
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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 ,
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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
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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'�, �� ;� ,, �
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September 11, 2007 9:12 AM
Page 1
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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.
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�..'. 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.
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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:
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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.
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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.
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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.
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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:
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