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96-937�'�f���3HL F Presented By Referred To Council File # � � � � .�� 9tUTION Green Sheet # 33169 PAUL, MINNESOTA 3 � Committee: Date ... 1 WHEREAS,�ait�t-�wers Agreement No. 72780 between Mn/DOT and the City of St. Paul 2 has provisions in it for Mn/DOT to compensate the City of St. Paui up to $106,000 for services 3 rendered as specified in Agreement No. 72780; and 4 5 WHEREAS, it has been determined that the estimated $106,000 is not enough money to 6 complete the work specified in Agreement No. 72780; and 7 8 WHEREAS, because of the lateness of the manufacturer , additional city personnel worked 9 overtime to get electronic signs installed by a specific deadline; and 10 11 WHEREAS, as a result of lack of instruction and mounting brackets, additional city 12 personnel worked overtime making and ordering mounting brackets and assembling the 13 electronic signs; and 14 15 NOW, THEREFORE, BE IT RESOLVED, that the parties agree to the following amendment 16 to Agreement No. 72780: 17 18 1. The paragraph is Section III.0 entitled "Consideration and Terms of PaymenY' shall be 19 amended to read as follows: 20 21 C. The total obligation and maximum liability of Mn/DOT for all compensation and 22 reimbursements shall not exceed $115,000. Except as amended, the terms and 23 conditions of Mn/DOT Agreement No. 72780 shall remain in full force and effect. 24 25 Requested by Department of: � Stacy Bec�r, Director of Public Works By: � ``^ . r� Approved by Mayor: Date Z y G By: �lli fyN/"`i-"' Form Approved by it ttor ey g�,. �'�.—�° Approved by Mayor for Sub 'ssion to Council By:�� K ��� Adopted by Council: Date � t�.a Adoption Certified by Council Secretary a= PHONE MUST BE ON COUNCILAGENDA BY (DA"fE) ASAP wmn�o t OF SIGNA7UflE PAGES 1 (CLIP ALL IACAilONS f-0fl SIGNAiUHt� GREEN SHEET INILAVDAI Al70RNEY % iET DIFECTOR )R (OR A$$ISTAM] q�-93� ✓ Np, 33169 wmawn�� CIN COUNCiI ClNCLERK FlN. & MGT. SERVICES OIR Approve Supplement No. 1 to a previously approved Joint Powers Agreement between Mn/DOT the City of St. Paul which increases Mn/DOT financial participation from $106,000 to $115,000. (Joint Powers Agreement #72780 and Suppiement attached). PLqNNING COMMISSION CIB CAMMfTTEE STAFF a� COUNCILOBJECTVE? � PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUE5710NS: CML SFAVICE COMMISSION 1. Has ihis personffirtn ever worked under a cont2ct for this departrnent? YES NO 2. Has this perso�rtn ever been a ciry employee? YES NO , 3. Does this person/firtn possess a skill not nortnally possess ,� nt city employee? YES NO Explain all yes answers on separate sheet antl attaeh to gryry� ¢� � 1Ais t! V l. ��� IN177AT7NG PROBLEM, ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY): The original Joint Powers Agreement referenced that Mn(DOT's total obligation and maximum liability for all compensation and reimbursements to the ciry for work and services performed shall not exceed $106,000. This amount needs to be increased to $115,000. The City will be paid for all work and services provided under the DIVERT Incident Management Project. REC�IVED JuL �s �sss To be determined. I.f°�{�}% ayy�F,< .. . _�. ..:1 � b .� 1: :. �.�:.�� The Ciry will not be fully reimbursed for the work and services provided as per the terms and conditions set forth in Joint Powers Agreement No. 72780P. iOTALAMOUMOFTRANSAC'fION$ Increase �9 ,000.00 COS7/REVENUEBUDGE7ED(CIRC�EONE) YES No FUNDING SOURCE Mn/DOT ACENfTY NUMBER 240-12006 FINANCIAL INFORMATION: (EXPLAIN) Increase Mn/DOT participation from $106,000 to $115,000. °l (��U�� � JUi__ 2 �gg6 ier�FFic ��_r. Mn/DOT Agreement No. 72780 SUPPLEMENT NO. 1 TO JOINT POWERS AGREEMENT BETWEEN THE MINNESOTA DEPARTi�NT OF TRANSPORTATION AND THE CITY OF ST. PAUL WHEREAS, the State of Minnesota, Department of Transportation ("Mn/DOT"), has an agreement identified as Mn/DOT Agreement No. 72780 with the City of St. Paul ( hereinafter "City°) for the St. Paul Incident Management Operational Test Project (hereinafter "DIVERT") WHEREAS, the Mn/DOT Agreement No. 72780 with the City of St. Paul has provisions in it for Mn/DOT to compensate the City of St. Paul up to $106,000.00 for services rendered as specified in the agreement No.72780. WI-IEREAS, it has been determined that the estimated $106,000.00 is not enough money to complete the work specified in agreement No.72780. WHEREAS, the DIVERT Project electronic signs procured for the project was received extremely late according to schedule due to the manufacturer. WHEREAS, because of the lateness of the manufacturer additional city personnel worked overtime to get electronic signs installed by the specified deadline. WHEREAS, in addition to being late the procured equipment lacked assembly instruction and mounting brackets. WIiEREAS, as a result of the lack of instruction and mounting brackets additional city personnel worked overtime making and ordering mounting brackets and assembling the electronic signs. NOW, THEREFORE, the parties agree to the following amendments to Agreement No. 72780: The paragraph in Section III.0 entitled "CONSIDERA'I'ION AND TERMS OF PAYMENT" shall be amended to read as follows: C. The totai obligation and maximum liability of MnlDOT for all compensation and reimbursements shall not exceed $115,000.00. Except as herein amended, the terms and conditions of Mn/DOT Agreement No.72780 shall remain in full force and effect. Page 1 of 2 9,�-9�? Mn/DOT Agreement No. 72780 IN WITNESS WHEREOF, the PARTIES have caused this Supplement No. 1 to MnlDOT Agreement No. 72780 to be duly executed intending to be bound thereby. MINNESOTA DEPARTMENT OF TRANSPORTATION � Date Approved as to form and execution by the Office of the Attorney General By Assistant Attorney General Approved as to form and execution by the St. Paul City Attorney Title Date �— � G -� C COMMISSIONER OF ADMINISTRATION � COMNIISSIONER OF FINANCE I� Date: Page 2 of 2 APPROVED: Date �� �� ��� ».._.. __ _ _ i . - ..,,,,.:,, ,,.�».;�� . .�i;�ti ' . � j ,: , :�,.; � � „�.�„ < 1 1995 � f -} �s- ; :;�� , .�jr;;ry��� 1 � ��.�.::. i i1s i.:.:. .�::,. 1 � a�. -93� � � :: : i � :1 JOINT POWERS AGF.FFMF.NT BETW F.F.N '�g �SOTA DEPARTMENT OF 'IRANSPORTATION AND TF� CZTY OF ST. PAUL THIS JOINT POWERS AGREEMENT (hereinafrer Ab eement) shall be interpreted pursuant to the laws of the State of Minnesota. WHEREAS, pursuant to Minnesota Statutes Section 471.59, Subd. 1 and Subd. 10 (1994), the Minnesota Department of Transportation (hereinafter "Mn/DOT"), by and through its Commissioner, and the Ci of St. Paul (hereinafter "City"), by and through its City Council, may enter into an agreement to jointly or cooperatively exercise any power common to each other or any similar powers, including those which are the same except for the territorial limits within which they may be exercised; or enter into an agreement to perform on behalf of the other govemment unit any service or function which the governmental unit providing the service or function is authorized to provide for itself; and WHEREAS, the St. Paui Incident Management (SPII� operational test project will provide traffic guidance and control during freeway incidents, by managing traffic along designated incident "bypass routes" using specially designed surveillance and guidance equipment and coordinated signal timing plans. The diveRed traffic added to the surface streets can be accommodated in a planned fashion , in lieu of traffic randomly entering the SL Paul CBD in an uncontrolled fashion. WHEREAS, Mn/DOT needs the services of the City of St. Paul in the procurement of CCTV poles and, installation, operation and maintenance of six (6) Ciosed Circuit Television Camecas (hereinafter "CCTV Cameras"), conduit, cable and related equipment at the following locations in the City of St. Paul: Kellogg Blvd. south of John Ireland Bivd; Kellogg Blvd. at Seventh Street; Kellogg Blvd. at Wabasha Street; on Mounds Boulevard south oF Kellogg Blvd; at l lth Street and Cedar Street; and on 12th Street near Jackson Street, and three WfiEREAS, (3) type 1 blank-out signs, five (5) type 2 blank-out signs, and five (5) tnilblazer assemblies; will be installed, maintained, and operated by the City. WF�REAS, nearly all of the SPIM central control hardware will be installed by the consultant in the City's Traffic Computer Control Room located in the City Hall tlnnex and in the City's Dale Street Traffic Operations Facility; and WF�REAS, m�jor operational decisions during the, SPIM operadonal test will be made and impiemented at these two City facilities throughout the opeiational test, Mn/DOT therefore needs the services of the City of St. Paul in the, operation and maintenance of the SP1M system central control hardware; NOW, TF�REFORE, it is agreed: I. DUTIES OF THE CITY. The City agrees to pmvide the following services to Mn/DOT: PAGE 1 OF 5 � � � � l r � 1 J � I���i��1 s�i..u<u ►• /./:.1 (1) The procurement of all of the CCTV Poles for installation at the following locations: Kellogg Blvd. south of John Ireland BIvd;Kellogg Blvd. at Seventh Street; Kellogg Blvd. at Wabasha Street; on Mounds Boulevard south of Kellogg Blvd; at lith Street and Cedar Street; and on 12th Street near 7ackson Street according the specifications provided; (2) The installation of the Camera, Lens, Housing, Ptz Unit, CCTV Foundafion, Pole-Mounted Cabinets, Conduit, and Pull Boxes at all the above mentioned sites;and (3) The installation, operation, and maintenance of three (3) type 1 blank-out signs, five (5) type 2 blanl:- out signs, and five (5) trailblazer assemblies at the above mentioned sites. Provide a project manager to act as liaison between the City of St. Paul and all appropriate Mn/DOT ofFices. II. DUTIES OF Mn/DOT. Mn/DOT agrees to provide: (1) Payment for work completed and materials ordered as provided under section III of this agreement. (2) Provide a project manager to act as liaison between the City of St. Paul and all appropriate Mn/DOT offices. III. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials supplied by the City pursuant to this Agreement shall be paid by Mn/DOT as follows: payment for actual costs for each task, (See attachment A CCTV camera and sign installation estimated cost summary which is attached hereto and incoiporated herein as part of this agreement) B. Terms of Payment Payment shall be made by Mn/DOT within 30 days after the City has presented invoices for services performed or goods or materials supplied to Mn/DOT. The City shall submit invoices monthly. C. The total obligation and maxunum liabiliry of Mn/DOT for all compensation and reimbursements shall not exceed $106,000.00. N. TERM OF CONTRACT. This Agreement shall be effective on May 31 , 1995 , or upon such date as it is executed as to encumbrance by the commissioner of �Ynance, whichever occurs later, and shall remain in effect until7anuar�31. , 1997 , or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION. This contract may be cancelled by Mn/DOT or the City at any time, with or without cause, upon PAGE 2 OF 5 9.�-q�`1 lu�/��J •i:•u<n ►� I./:.1� thirty {30) days' written notice to the other party. In the event of such a cancellation the City shall be entifled to payment, determined on a pro rata basis, for work or services satisfactorily perfonned. VI. AUTHORIZED AGENTS. Mn/DOT's Authorized Agent for the purposes of admuustration of tlus contract is Samuel 7.Bovd, Project Manater. The City's Authorized Agent for the purposes of admuustration of this contract is Paul Kurtz, Proiect Manager. Each authorized agent shall have fmal authority for acceptance of services of the other party and shall have responsibiliry to insure that all payments due to the other party are paid pursuant to the terms of this contract. VII. ASSIGNMEN'I' Neither Mn/DOT nor the City shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. VIII. LIA$ILII'I'. Any and all persons employed by or on behalf of the City to perform any of the work under this Agreement shall not be considered employees of Mn/DOT and any and all clauns 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 persons while engaged in any work contemplated herein, shall not be the obligation or responsibility of Mn/DOT. Any and all persons employed by or on behatf of Mn/DOT to perform any of the work under this Agreement shall not be considered employees of the City and any and a11 claims that may or might arise under the V✓orkers Compensation Act of Minnesota on behalf of said employees or persons while so engaged, and any and all clauns made by any third party as a consequence of any act or omission on the part of said employees or persons while engage� in any work contemplated herein, shall not be the obligation or responsibility of the City. IX. AMENDMEN'TS Any amendments to this contract shall be in writing, and shall be executed by the same parties who executed the original contract, or their successors in office. X. DATA PRACTICES. The City agrees to comply with Mimiesota Statutes Chapter 13 (1994), the "Minnesota Data Pnctices Act" as it applies to any data provided by Mn/DOT in accordance with this Agreement and as it app&es to all data created, gaYhered, generated or acquired by the Ciry in accordance with this Agreement. PAGE 3 OF 5 °t�-9�� �.. ..�:� . :� XT. AUDTT CLAUSE. The books, records, documents and accounting procedures and practices of the City relevant to this Agreement shall be subject to examination by Mn/DOT and the legislative auditor or state auditor. fl f IM , • • � • � 11• • • 1• 1 Any equipment purchased through this agreement funds will remain the proper[y of Mn/DOT during the operational test. Upon completion of the test, equipment will become and remain the pzoperty and responsibitity of the City. Mn/DOT shall comply with all app&cable state laws regazding the transfer of such equipment to the City. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be boundthereby. . ••• � / 1 City of St. Paui BY ��� �'" Title�ti�, �or //ZLl� ��� gy �2�c��f�G(/��-- Title �n� � By �t���.�, Title Dil� c c7o R ri.✓,o,v c r Approved as to form and execetion by theO aul City Attorney By -` �2� Tifle � Minnesota De artment of Traasportation B Title ASSISTANT P+t�ti�ISSIONER Date � /a � /9S Approved as to form and execution by the Office of the Minnesota Attomey General PAGE 4 OF 5 By �'��� Assis Attorney General ATTACHNIENT A `IG -q�� Nr�o'r ��c rro. �z�so CCTV CAME12A AND SIGN ESTIMATED INSTALLATION COST SUNIMATtY CCTV Camen Location Keliogg near John Ireland Bivd. Kellogg and 7th Street Kellogg and Wabasha Kellogg and Mounds Blvd. 12th and 7ackson llth and Cedar Costs 14,600.00 8,900.00 1�,soo.00 17,300.00 15,900.00 15•700.00 SubtOtal Subtotal — Fstunated Cost Sign Installation 3 Type 1 Blank-Out Sign 5 Type 2 Biank-Out Sign 5 Trailblazer Assembly TOTAL ESTIMATED COSTS FOR INSTALLATION � 1 11 11 . 1 e 1'1 96,700.00 PAGE 5 OF 5 I `���� STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF ST. PAlJL ) I, Frances Swanson, Deputy City Cierk of the City of Saint Paui, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 95-633 as adopted by the City Council on June 94, 1995, and approved by the Mayor on June 23,1995 with the original thereof on file in my office. i furfher certify that said copy is a true and correct copy of said originai and the whole thereof. W(TNESS, my hand and the seal of the City of Saint Pau(, Minnesota this 30th day of June 1995. ��Q - �QJ�JCLat.OrM �. DEPUTY CITY CLERK ORIGINAL Presented By � � RESOLUTION OF�SAINT PAUL, M Green Sheet Refexred To � � �� Committee: Date �� I � � L f �`°y�� # 33126 �� 1 WHEREAS, the City of St. Paul desires to enter into a Joint Powers Agreement #72780 2 with the Minnesota Department of Transportation, covering the procurement, installation, 3 operation, maintenance and ownership of various hardware components being installed under 4 an incident management operational test project in St. Paul; and 5 6 WHEREAS, this incident management operationai test project will provide traffic guidance 7 and control during freeway incidents by managing traffic along designated incident "bypass 8 routes" using specially designed surveillance and guidance equipment and coordinated signal 9 timing pians; and 10 11 WHEREAS, Mn/DOT needs the services of the City of St. Paul in the procurement, 12 instailation, operation and maintenance of various hardware components and equipment being 13 integrated under this incident management operational test project; 14 15 RESOLVED, that the proper City officials be authorized and directed to execute, on behalf of 16 the City of St. Paul, Joint Powers Agreement #72780, between the City of St. Paul and Mn/DOT, 17 covering the procurement, instaliation, operation, maintenance and ownership of various 18 hardware components and equipment being integrated under the incident management 19 operationai test project. 20 2i 22 23 24 25 Requested by Department of: Public Works aY : ��it�c1 �t1.1"`x'i Adopted by Council: Date �`��•� � �" �`�`' f ;, Adoption Certified by Council Secretary By: Approved by Mayor: By CounCil File Form Bv: By: 0 oved by City Attor ey . ���/��� t.-, ..-c.=. .S'2� - %� i �� i ed by Mayo= for S i.F>sion to Council / �, , ^ . �_ ��l L ✓� I� � ��Y_��� .