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08-750coun�a Fae # DS - 750 Green Sheet #3055832 RESOLUTtON CITY Pzesented P�►UL, MINNESOTA a�- 1 IT IS RESOLVED that the City of Saint Paul enter into MnJDOT Agreement No. 92338M with the State 2 of Minnesota, Department of Transportation for the following purposes: 3 4 To revise an existing Traffic Control Signal and Signing on Trunk Highway No. 5(West Seventh Street) at 5 St. Paul Avenue within the corporate City lunits under State Project No. 6201-83 (T.H. 5=111). 6 7 IT IS FURTHER RESOLVED that the Mayor and the proper city officials are authorized to execute the 8 Agreement and any amendments to the Agreement. Bostrom Carter Harris Yeas ✓ ✓ Stark Thune Requested by Depazhnene aE PUBLIC WORKS By: Approved by the Office of Financial Services By: Approved by City Attomey By: Adopted by Council: Date �, Approved by Mzyor for Submission to Council Adoption Certified by Council Secret y By: BY� // {�o� /irr_/'f�i}..� Approved t}�y �Date ? 2S� U By: d�/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �-7� PN! —Public Woiks Cor'tact Person � Phone; Brian Vi[ek 266E256 musc ese on wunc�+ agesiaa �y {uace}: 02JUL-08 Doc. Type: OTHEfi AGREEMENTlCONTF E-DOCUment Required: N Oocument Cortaet: ContaM Phone: 19-JUN-08 � i 0 Assign � i Num6er 2 For Routing � 3 Order i 4 5 , 6 i � TMaI # of SignaNre Pages _(Clip Afl Locations tor Sigoature) Green Sheet NO: 3055832 '�61ic F4orks � Paul S tMarlin ; TnblicWOrks ! DeRar4nentDirecWr I 'tvAttorneY LisaVeith i y0t's Offic¢ ! MapodA.csistsut uncil I Ctitv Counal � �C'itp CIe[k Citv Clerk �PublicWorks I BrianPtek i Review and approve the attached agreement authorizing City Officials to enter into Ageement 92338M with MnDOT. (Signature required on page 7.) The agreement provides for the maintenance and operation of ihe existing �affic signal on Tnmk Highway 5 (West Seventh Stceet) at St. Paul Avenue, in Saint Paul, Ramsey County, Minnesota. necommenaazions: t�pprove �ia� or r[e7ecc �rt7: rersona� setv�ce �onuacts must wnswer tne Fonowutg c3uestwns: Planning Commission �. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this perso�/firtn ever been a city employee? , Yes No 3. Does this personlfirm possess a skitl na normalry possessed by any current city employee? t Yes No Explain all yes answers on separate sheet and attach to green sheet fnttiating Prob(em, issues, Opportunity (Who, What, When, Where, Why); MnDOT has ageed to participate in t6e wst of enhancing trafFic signais on TH 5(West Seventh Sueet) and St. Paul Avenue. Advaatages If Apprnved: .. The City of-Saint Paul will be authorized to enter into Ageement No. 92338M with MnDOT. Two copies of the agreement aze attached for signatwe. Uisativantages if Approvetl: None idendfied ro date. �������� Disadvantages If Not Approved: The City of Saint Paul will not have sufficient funding to enhance traffic signals. ,, ����'� �,�'� ���-.i�� Transaction: Funding Source: Fnancial lnformation: (Explain) CosURevenue 8utlgetetl: AMivity Number: LJ June 19, 2008 2:56 PM Page t D8���0 MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT N0. 92338M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRAIVSPORTATION AND THE CITY QF ST.PAUL TO Revise the existing Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption ancl Signing on Trunk Highway No. 5 (West Seventh Street) at St. Pau1 Avenue in St. Paul, Ramsey County, Minnesota. S.P. No. 6201-83 (T.H. 5=111) S.A.P. No. 164-189-008 City Project No. 08-T-1320 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED 58,600.00 -1- 92338M f'► � PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State}, and the City of St. Paul, (City). 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 parties have determinecl that there is justification and it is in the public's best interest to revise the existing traffic control signal including street lights, emergency vehicle pre-emption and signing (Traffic Control Signal)on Trunk Highway No. 5(West Seventh Street) at St. Paul Avenue. The City and the State will participate in the cost, maintenance and operation of the revised Traffic Control Signal. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). The City will also perform all necessary construction inspection, -2- 92338M og-��'b (Construction Engineering). The State reserves the right to periodically inspect the Construction work. 2. The Cost of Construction, (Construction Cost> consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3. The City, with its own resources or by contract, wi11 perform the revised Traffic Control Signal work pursuant to the plans and specifications for State Project No. 6201-83 (T.H. 5=111), State Aid Project No. 164-189-008, and City Project No. 08-T-1320. The estimated Construction Cost is $17,200.00, and will be shared 50 percent by the State and 50 percent by the City. The State's share will be provided in a lump sum payment of $8,600.00 to cover a11 State's Construction and Construction Engineering Costs. 4. Upon execution of this agreement, completion of this project, and receipt of City's written request, the State wi11 make a payment to the City of its share of the lump sum amount as specified in Paragraph 3. 5. The City will be responsible for the cost and application to secure an adequate power supply to the service -3- 92338M , � J• pad or pole for the revised Traffic Control Signal. In addition, the City will continue to provide the necessary electrical power for the operation of the revised Traf£ic Control Signal. 6. Upon completion of the work contemplated in Paraqraph 3 hereof, it shall be the City's responsibility, at its cost and e�;pense, to maintain and keep in repair said revised traffic control signal with street lights, emergency vehicle pre-emption and signing. 7. Upon execution and approval by the City and the State, and completion of the construction work provided for herein, this agreement shall supersede and terminate the operation and maintenance terms of Agreement No. 54680 dated August 4, 1965, between the parties, for the intersection of Trunk Highway No. 5 (West Seventh Street) at St. Paul Avenue. 8. Each party wi11 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. The City's liability is governed by Minnesota Statutes Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 9. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by -4- 92338M /: �� the same parties who executed and approved the original Agreement, or their successors in office. 10. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 11. 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 either party. 12. Minnesota 1aw governs this contract. Venue for a11 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. 13. This Agreement is effective on the date the State obtains a11 required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 14. The State may terminate this Agreement at any time it cloes not obtain funding from the Minnesota Legislature or other funding source, or if funding cannot be continued at a level sufficient to complete the work under this Agreement. -5- 92338M b$-�/�� 15. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Mn/DOT Metropolitan District Traffic Engineering, or his successor. His current address and phone number are 15�0 West County Road B2, Roseville, MN 55113, (651) 234-7812. b. The City's Authorized Agent for the purpose of the administration of this Agreement is Pau1 St. Martin, City of St. Paul Traffic Engineer or his successor. His current address and phone number are 800 City Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, (651) 266-6118. -6- 92338M b����D IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DFPARTMENT OF TRANSPORTATION Individual certifies that funds hzve Reco*maenaed ior aopzoval: been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Sy By Date MAPS Encumbrance No. CITY OF ST. PAUL Recoimaended or approval�, By ���'�z,G � � c�� Director of Public Works Approved as to form and execution: By �� � _` `- �I `/��� ^� � ` ASSistant City Attorney C-.�J Mayor Date By Approved: By Date Dlstrict Englneer State Design Englneer Aoproved as to form and executior.: By Date Contract Management COMMIS3IONER OF ADMINISTRATION As delegated to Materials Management Division By Date Director of Finance and Management Services Date _'] _ 92338M CITY OF ST. PAUL RESOLUTION 6S-� IT IS RESOLVED that the City of St. Paul enter into Mn/DOT Agreement No. 92338M with the State of Minnesota, Department of Transportation for the foilowing purposes: To revise an existing Traffic Control Si�al and Signing on Trunk Highway No. 5(West Seventh Street) at St. Paul Avenue within the corporate City limits. IT IS FURTHER RESOLVED that the Mayor and the authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION � I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of St. Paul at an authorized meeting held on the day of , 2008, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2008 Notazy Public (Sigvat�¢e) (7'ype or Print Name) My Commission Expires