5.f) Street Light Agreement - AmendedLIGHTING INFRASTRUCTURE MAINTENANCE AGREEMENT
BETWEEN THE CITIES OF SAINT PAUL AND SCANDIA
An Agreement dated this day of , 2015 by and between the
City of Saint Paul, a Minnesota municipal corporation, hereinafter "St. Paul" and the City
of Scandia, a Minnesota municipal corporation, hereinafter "Scandia."
WITNESSETH:
Whereas, St. Paul possesses the skill and expertise via its Department of Public Works, to
service, repair, and maintain street lights and have serviced its own traffic and lighting
infrastructure for several decades (the "Services"); and
Whereas, Scandia has need of the Services at various locations within its borders; and
Whereas, both St. Paul and Scandia are willing to enter into an agreement whereby St.
Paul will provide Scandia with Services and Scandia will pay St. Paul for the same; and
Whereas, Minnesota Statutes, Section 471.59, provides that two or more governmental
units, by agreement entered into through action of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties or any similar
powers, including those which are the same except for the territorial limits within which
they are exercised. Now therefore,
IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL AND SCANDIA AS
FOLLOWS:
1. That St. Paul will provide general maintenance and repair Services in a timely manner
for street lights.
2. That this agreement may be amended by Scandia at any time providing such
amendment is in writing and specifically describes the nature and type of such matter, its
location and effective date of the change. Such amendment shall be sent to Traffic
Operations Engineer, 899 N. Dale Street, Saint Paul, Minnesota 55103. Amendments can
also include ongoing or short term requests for services for pavement marking
installation, sign manufacturing, repair or installation or other traffic infrastructure
installation, maintenance or repair.
3. That said services shall include repair of malfunctions and knockdowns as they occur.
Painting of poles may be arranged through the City of Saint Paul, or its contractor, which
will be paid directly by Scandia. Services contemplated herein do not include energy
costs.
4. That all electrical work performed by St. Paul will be in conformance with the national
electrical code and in a neat and workmanlike manner. Further, traffic control during any
maintenance performed by St. Paul shall be structured according to the Manual of
Uniform Traffic Control Devices.
5. That any construction work, excavation work and concrete work needed for the
effective installation, repair or maintenance of the street lights serviced by St. Paul shall
be done by Scandia or covered under a separate agreement.
6. That any damaged materials removed by St. Paul from the street lights pursuant to this
agreement shall be turned over to Scandia for inspection and disposal.
7. That Scandia shall furnish to St. Paul a copy of any and all repair and maintenance
manuals and revisions of the same for any and all equipment.
8. That Scandia shall, from time to time, provide a written list of persons authorized by
Scandia to call for service hereunder. Any call for service by any other persons shall be
verified by St. Paul before work commences.
9. That authorized Scandia representatives shall direct telephone calls for Services when
needed between the hours of 7:30 AM and 4:30 PM Monday through Friday excluding
legal holidays to St. Paul's traffic operations center at 487-7200. At all other times, calls
for service shall be directed to St. Paul's 24-hour dispatcher at 292-6600.
10. That St. Paul shall immediately dispatch qualified personnel to repair and correct
emergency or dangerous situations on a priority basis considering all streetlights
maintained by St. Paul, taking care of the most dangerous situations first.
11. That St. Paul shall, for non -emergency or non -dangerous situations, respond to calls
for service within twenty-four (24) hours if such calls are received between 7:00 AM and
5:30 PM, Monday through Friday, excluding legal holidays. A call for service at any
other time shall be responded to within seventy-two (72) hours.
12. That to the extent possible, depending on St. Paul's complement of available staff and
available parts, any streetlight covered hereunder shall be restored to normal operation
within seventy-two (72) hours from the time the call for service is received.
13. That St. Paul will bill Scandia for Services rendered hereunder on a monthly basis
detailing a description of the work involved; the labor and equipment used in the
performance thereof, and the parts and materials furnished.
14. That labor charges will be billed by St. Paul at the wage it has established as adjusted,
via collective bargaining with the various occupational groups who actually perform the
work. Such wage rates will also be adjusted to reflect the cost of fringe benefits paid by
St. Paul to those occupational groups who actually perform the work. Further, the wage
rates and/or fringe benefits will be adjusted if the occupational groups are working
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holidays, are on overtime status or have been subject to callback as the case may be and
as determined by the time when work is performed hereunder. The labor charges
referenced shall commence at the time travel begins and terminate when travel ends for
any task performed for Scandia hereunder. St. Paul shall provide to Scandia the most
current billing rates for labor for each occupational group performing the work. St. Paul
shall also provide to Scandia the most current equipment billing rates.
15. That Scandia shall be billed for parts and materials at St. Paul's actual cost plus a
markup of twenty percent (20%) to cover the costs of restocking, handling and operating
expenses.
16. That Scandia will remit the sums payable to St. Paul within thirty (30) days after its
receipt of same.
17. That all written notices and other communications required hereunder shall be sent to:
FOR ST. PAUL:
John McNamara
General Lead Electrician
899 N. Dale Street
St. Paul, MN 55103
Phone: (651) 266-9780
FOR SCANDIA:
Kristina Handt
City Administrator
14727 209th St. N.
Scandia, MN 55073
18. Either St. Paul or Scandia may terminate this agreement without cause upon sixty
(60) days written notice from one to the other and any charges for Services rendered prior
to the termination date shall survive until paid.
19. There shall be no assignment of this Agreement except upon the written consent of
the nonassigning party, which consent shall not be unreasonably withheld.
20. Except as provided in Paragraph 2, this Agreement may be amended or any of its
terms modified only by written amendment authorized and executed by St. Paul and
Scandia.
21. St. Paul and Scandia shall each be responsible for their own acts and omissions and
the results thereof to the extent authorized by law. St. Paul and Scandia's liabilities are
subject to statutory liability limitations.
22. St. Paul shall assist Scandia with respect to any requests for documentation or reports
or any other general assistance required pursuant to this Agreement.
APPROVED AS TO FORM:
By:
Scandia City Attorney Date
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CITY OF SCANDIA
By:
Its: Mayor
By:
Its: City Administrator
CITY OF SAINT PAUL
Date
Date
By: By:
St. Paul City Attorney's Date Chris Coleman, Mayor Date
Office
By:
Director Date
Department of Public Works
By:
Director Date
Office of Financial Services
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