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95-9ORlGINAL Council File RESOLUTION G=een Sheet SAINT �C, MINNESOTA # � # 28989 /b Presented By Referred To 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Committee: Date WHEREAS, the Minnesota Department of Transportation, under contract, has installed a fiber optic and twisted pair communications cable link between the Minnesota Department of Transportation Traffic Management Center (TMC-1101 4th Avenue South, Minneapolis, MN) and ihe Ciry of Saint Paui Traffic Operations Center (25 West Fourth St., 800 City Hall Annex, Saint Paul, MN); and WHEREAS, the tiber optic and twisted pair communication link was instal4ed for the mutual benefit of both parties; therefore, BE IT RESOLVED, that the proper City officials be authorized to approve and execute, on behalf of the City of Saint Paul, Agreement Number 72802, between the City of Saint Paul and Minnesota Department of Transportation, covering the ownership, maintenance, location and relocation responsibilities of the fiber optic cable, twisted pair cable and associated equipment necessary tor the communication link. � Requested by Depaitment of: Public Works By: ` I.% J— � Adopted by Council: Date �- , � Form Adoptian Certified by Council Secretary BY: `�>. 1—�� Approved by Mayor: Date �� � �� By: � By: Submission to Council By: ats� / DEPApTMENT/OFFICHCpUNCIL DATE INITIATED � J / r PublicWorks-Traffic »nsis4 GREEN SHEET N0. INRIAUDATE INIT7AUDATE CONfpCTPERSON&PHONE �pAflTMENTDIRECTOR �CRYCAl1NdL PaUt T. Kurtz 266-6203 � a rroaNEr �7 CffYCLEHK MUSTBEIXJCIXAdCILAGENDABY(OA'f� Rd/TNG g�p�7p�qEC7pp � �FIN.&MG7.SEflVIGESDIR /�$/� � ❑ �MAYOF (OR ASSiSTANn TOTAL i OF SIGNANPE PAGB (CLIP ALL LOCA710N3 FON SIGNRTUR� � ASSOCIATE � DEPT. ACCOUMANT -4! � � AC710N REQUEST� Approve Agreement No. 72802 between Mn/DOT and the City of Saint Paul covering the ownership, maintenance, location and relocation responsibilities for a fiber optic and twisted pair communications cable link for traffic management purposes. RECOMMENDATK)N5: Appmve (A) a Peject (Fp PERSONAL SENVICE CONTRACTS MUST ANSWER THE FOLLOWING QUES'f10NS: _RANNING COMM65pN _CNIL SEflVI� COMMISSION 1. Has thi5 pe�s �rm� r worked under a contraci for tl�is departrnetlt? YE CIB COMMfffEE 2. Nas this persoNfirm ever been a ciry employee? — — YES NO _ STAFF 3. Does this persoNficm possess a skill no[ norma(ly possessed by any current ciry — employee? DISTflICTCWNCIL _ VES NO SUPPORTS WHICH COUNCIL O&IECTIVE? Explain all yes answars on separate sheet and attaeh to grean sheet INITIATING PflOgLEM, ISSUE, OPPOqTUNITV (WHO, WHAT, WHEN, WHERE, WHY�: The Traffic Management Center (TMC) of Mn/DOT has initiated a project to install a communications cabie link between the TMC and St. Paul which will allow the City to access and monitor detector and camera information from the TMC system. DEC i 2 1994 ����� ��� ADVANTAGES IF APPROVEO: This cammunications cable fink will allow the City to observe and react to traffic patterns or situations on the freeway network which may impact on the City street network (particularly in the CBD area). DISADVANTAGES IF APPROVED: The City will be responsible for the costs associated with maintaining portions of the communications equipment installed under this project as referenced in the aqreement. (;D�it9€� ���8�i �° QEC 1 3 19�34 DISAWAI3iAGES IF N07 APPAOVED: The City would lose an opportunity to gain information from the TMC which may ailow us to provide better service to the motoring public. TOTALAMOUNTOFTfiANSACTIONE N/A COST/HEVENUEBUDGETED(CIRCLEONE) YES No FUNDING SOUHCE ACRYRV NUMBER FINMlCIAL INFORMATION: (EXPLAIf� � i ��� M E M O DATE: December 7, 1994 TO: Joe Reid FROM: Barb Renshaw � RE: Green Sheet #28989, MN/DOT Agreement Based on my conversations with Public Works personnel, I recommend approving the attached resolution for installation of fiber optic cable for traffic management purposes. What is not on the green sheet is information on what the costs of this agreement would be, so I contacted Public Works staff members to find out. What I have been told is that the State will bear the costs of installation. And, because the system is new, no costs are anticipated for 1995. Therefore, the Mayor's proposed 1995 budget is adequate. According to John Maczko, the future maintenance of this system wi11 be low and will not cause any significant increase in budget needs. F:\USERS\RENSHAW\WPFZLES� �y �i Mn/DOT Agreement No. 72802 AGREEMENT BETWEEN THE 1VIINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. PAUL THIS AGREEMENT is entered into by and between ffie Minnesota Department of Transportation ("Mn/DOT") and the City of St. Paul ("St. Paul"). WHEREAS, under Minnesota Statutes § 471.59, subd. 10 (1992), 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 govemmental unit; and WHEREAS, Mn/DOT has installed a fiber optic and twisted pair communication link between the Mn/DOT Traffic Management Center (TMC - 1101 4th Ave. South, Minneapolis) and St. Paul Traffic Operations Center (TOC - 25 West 4th St., 800 City Hall Annex, St. Paul) for the mutual benefit of both parties; and WHEREAS, ownership and responsibilities for maintenance, location, and relocation of the fiber optic cable, twisted pair cabie, and associated equipment necessary for the communication link need to be defined. NOW TFIEREFORE, Mn/DOT and St. Paul mutually agree as follows: 1. Upon satisfactory completion of the fiber optic and twisted pair communication system, Mn/DOT shall retain ownership of said system except as noted in Pazagraph 2., which includes conduit, cables, handholes, splice vaults and other necessary components to make the system complete and Mn/DOT, with reasonable notice to St. Paul, shall have the right to replace and remove the same at any time. Mn/DOT further agrees to restore St. Paul's property to a condition equivalent to the condition at the commencement of this agreement if the removal or replacement of Mv/DOT equipment alters said property. 2. St. Paul shall retain ownership of the conduit, handholes and 6/PR No. 19 crossing John Ireland Blvd. on the north side of Rice Street and the conduit and the 25iPR No. 19 running between the St. Paul Signat Control Cabinet at the corner of John Ireland Blvd. and Rice Street in St. Paul and the St. Paul Traffic Qperations Center. 3. Mn/DOT will be responsible for the proper maintenance of the following facilities; all fiber optic cable and twisted pair cable from the TMC to the Mn/DOT Transportation Buiiding; and the fiber distribution frame, 19" frame, video demultiplexor and its power supply, patch cords, and RG 59 video cable between the video demultiplexor and the twisted pair video transmitters, located in the Mn/DOT Transportation Building (John Ireland Blvd: St. Paul); without cost or expense to St. Paul during the term of this Agreement. St. Paul grants pernussion to authorized Mn/I)OT representatives to enter the property at 25 West 4th St., 800 City Hall Annex during normal working hours for the purpose of maintaining said facilities. 4. St. Paul will be responsible for the proper maintenance of ali other associated facilities, including the two twisted pair video transmitters and theu power supplies (located in the Mn/DOT Transportation Building); the two 19" monitors; the American Dynamics keypad; the RS 232 modem; the two twisted pair video receivers and their power supplies; and cables (from the terminai block to the RS232 modem, from the RS 232 modem to the American Dynamics keypad, and from the two rivisted pair video receivers to the two 19" monitors), all located in the computer room at the St. Paul Traffic Operations q5-� Center; the twisted pair cable from the twisted pair video transmitters in the Mn/DOT Transportation Building to the twisted pair video receivers in the St. Paul Traffic Operations Center; the RS 232 modem in the Mn/DOT shelter at 35E and University; and the conduit and cable noted in Paragraph 2., without cost or expense to Mn/DOT during the term of this Agreement. Mn/DOT grants permission to authorized St. Paui representatives to enter the Transportarion Building and the Mn/DOT shelter during normal working hours for the purpose of maintai.ning said facilities. 5. Mn/DOT and St. Paul agree that all work shall be done by qualified, insured technicians in compliance with all applicable laws, ordinances and regulations. 6. Mn/DOT and St. Paul shall be resgonsible for locating the portion of the system which they maintain as required under Minnesota Statute, Chapter 216D for the One-Call Excavation Notice System at "Gopher State One Call" and to relocate any portion of the system as required. Mn/DOT agrees that it will not interfere with any other equipment operating at the site and that it will make reasonable efforts to eliminate any such interference caused by its equipment. If such interference caused by Mn/DOT equipment cannot be eliminated, Mn/DOT shall provide written notice to St. Paul within seven (7) days of ceasing operation of the interfering equipment. 8. This Agreement becomes effective upon approval by the appropriate City and State officials and shall remain in effect until December 31, 1999. The parties agree that this agreement may be terminated before the expiration date by either party upon giving thirty (30) days written notice to the other party. 9. Any and all persons employed by or on behalf of St. Paul to perform any obligations or responsibilities under this agreement shall not be considered employees of the State of Minnesota or Mn/DOT. Any and all persons employed by or on behalf of Mn/DOT to perforxn any of the obligations or responsibilities under this agreement shall not be considered employees of St. Paul. Therefore, any and all claims that may or might arise under the Workers Compensation Act of Minnesota on behalf of said employees or persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees or persans while so engaged shall be the responsibility of the parties as provided under applicable laws. 10. Any amendments to this agreement shall be in writing and shall be executed and approved by the appropriate officials. 11. Without prior written consent of the other party, neither this agreement or any of the rights herein shall be assigned to any other person or entity. � q5-� IN WITNESS THEREOF, the parties have caused this agreement to be duly executed, intending to be hound thereby. ••• � RECOMMENDED FOR APPROVAL: � Director of Public Works Approved as to execution: � Assistant City Attorney MINNESOTA DEPARTMENT OF TRANSPORTATION I� Approved as to form and execution by the O�ce of the Attorney General CITY OF ST. PAUL By Mayor Date (City Seal) BY Director of Finance and Management Service MINNESOTA DEPARTMENT OF ADNIINISTRATION I� MINNESOTA DEPARTMENT OF FINANCE � � Assistant Attomey General