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HomeMy WebLinkAboutResolution 92-03RESOLUTION NO. 92__-03 AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AGREEMENT NO. PW 34-89-89 SIGNAL CONSTRUCTION AT STINSON BLVD. AND 37TH AVE. N.E. WHEREAS, it has been deemed advisable and necessary for the City of Columbia Heights to participate in the construction and operation of a traffic control signal system on County State Aid Highway No. 27 at 37th Avenue N.E. (Hennepin County Project 8905), and WHEREAS, the City agrees to the terms and conditions set forth and contained in Agreement No. PW 34-89-89. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS; That the City enter into Agreement No. PW 34-89-89 with Hennepin County, the City of Minneapolis and the City of St. Anthony and that the Mayor and City Manager be authorized to execute the agreement. Dated this 27th day of danuar¥ , 19 92 . Offered by: Seconded by: Roi1 Call: Ruettimann Pete r son A1 I ayes -Ahne Student, ~ouncil CITY OF COLUMBIA HEIGHTS Donald J. Murzfn( J~. Mayor Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 27th' day of 4~uarv , 19 92 , as disclosed by the records of said City in my possession. (Seal) Deputy Cit~ Clerk RESOLUTION NO. 92 - 03 AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AGREEMENT NO. PW 34-89-89 SIGNAL CONSTRUCTION AT STINSON BLVD . AND 37TH AVE. N.E. WHEREAS, it has been deemed advisable and necessary for the City of Columbia Heights to participate in the construction and operation of a traffic control signal system on County State Aid Highway No. 27 at 37th Avenue N.E. (Hennepin County Project 8905) , and WHEREAS, the City agrees to the terms and conditions set forth and contained in Agreement No . PW 34-89-89 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS; That the City enter into Agreement No. PW 34-89-89 with Hennepin County, the City of Minneapolis and the City of St . Anthony and that the Mayor and City Manager be authorized to execute the agreement . Dated this 271h day of January 19 92 Offered by: Ruettimann CITY OF COLUMBIA HEIGHTS Seconded by: Peterson Roll Call : All ayes By: Dona-yd J. MurzJK Jr Mayor n 2t Jo­-ZAnnt 'Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 27th day of January 1 1992,, as disclosed by the records of said City in my possession. (Seal) Deputy City Clerk Agreement No. PW 34-89-89 County Project No. 8905 County State Aid Highway No. 27 City of Columbia Heights City of Minneapolis City of St. Anthony County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AGREEMENT, Made and entered into this day of 19 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Hennepin County" , the City of Columbia Heights, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Columbia Heights" , the City of Minneapolis, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Minneapolis" , the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "St. Anthony"; the three cities hereinafter referred to collectively as the "Cities" . WITNESSETH: WHEREAS, It is considered mutually desirable to install a traffic control signal system with railroad preemption and integral street lights at the intersection of 37th Avenue Northeast with Hennepin County State Aid Highway No. 27 (Stinson Boulevard) within the respective city limits; and WHEREAS, All parties have expressed willingness to participate in the construction, maintenance and operating costs of said signal system; and WHEREAS, In order to ensure continuity with the County's existing network of traffic signal systems, it is the County's policy to furnish the controller, control equipment and cabinet for said traffic control signal system to be installed; and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work and County supplied equipment by Force Account in the sum of Eighty Thousand Dollars and No Cents ($80,000.00) . A -1- C�4 Agreement No. PW 34-89-89 copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I Hennepin County will be the lead agency and shall prepare the necessary plans, specifications, and proposal . Upon approval by the Cities of said plans, specifications and proposal , Hennepin County shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; shall administer the contract; shall perform the required engineering and inspection; all to install said traffic control signal system with railroad preemption and integral street lights at the intersection of 37th Avenue Northeast with County State Aid Highway 27 (Stinson Boulevard) . Said installation, as described immediately above, shall be identified and accomplished under Hennepin County Project No. 8905; hereinafter referred to as the "project" . All work to be accomplished in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II Hennepin County hereby agrees that it will not enter into a contract with the successful bidder until such time that all parties hereto have received a copy of a tabulated abstract of all bids received for the project and all parties hereto have concurred in writing with the award of said contract to said successful bidder. III All parties hereto shall cooperate with the Hennepin County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City Engineers or their staffs shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. -2- Agreement No. PW 34-89-89 IV The Cities agree that Hennepin County may make changes in the plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the Cities that Hennepin County may enter into any change orders or supplemental agreements with Hennepin County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the project. Said changes may result in an increase or decrease to each Cities cost participation estimated herein. V Hennepin County agrees to conduct a preconstruction conference prior to any construction and to notify all parties hereto in advance of the date, time and location of said preconstruction conference. VI It shall be the responsibility of each of the three Cities to relocate or cause the relocation of any and all public and/or private utilities presently located within it's respective municipal boundaries which must be relocated to construct the project as designed by Hennepin County. Unless provided otherwise, each City shall be responsible for one hundred percent (100%) of any costs incurred for the relocations of any existing utilities within its respective municipal boundaries. VII In the event additional right of way, permits and/or easements are required to complete the project as designed by Hennepin County, they shall be acquired by and at the sole cost and expense of the City in which they exist. VIII The Cities agree that any license or permits required to perform work, including electrical , within their boundaries shall be issued at no cost. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. -3- aWv- Agreement No. PW 34-89-89 IX Columbia Heights shall install , or cause the installation of an adequate three wire. 120/240 volt, single phase, alternating current electrical power connection to the controller cabinet. The costs, if any, for the installation of the power source, shall be shared equally by the three cities. Columbia Heights shall also provide the electrical energy for the operation of said traffic control signal and integral street lights. Said electrical costs shall be apportioned 33 1/3% Columbia Heights, 33 1/3% St. Anthony, 33 1/3% Minneapolis. Columbia Heights shall invoice the other cities for the aforesaid costs as appropriate upon receipt of any payable invoices by Columbia Heights. X Hennepin County will furnish the controller, control equipment and cabinet to be installed as part of said project. XI Each City shall reimburse Hennepin County for twenty five percent (25%) of the construction cost of the contract work for said project. The construction cost of the project shall be the cost of all contract work and County Force Account work required to complete the project. The costs for each are estimated and apportioned in said Exhibit "A" . XII In addition to the aforesaid payments by each City for its proportionate share of the construction cost, each party also agrees to pay to Hennepin County a sum equal to fourteen percent (14%) of each party's respective share of said contract construction costs, it being understood that said additional payment by each party is each parties' proportionate share of all engineering costs (design and contract administration) incurred by Hennepin County in connection with the work performed under this contract. XIII Within sixty (60) days after an award by Hennepin County to the successful bidder of said project, each City shall deposit with the Hennepin County Treasurer -4- Agreement No. PW 34-89-89 ninety percent (90%) of its respective estimated share in the construction and engineering costs for the project. Said estimated share shall be based on actual contract unit prices for estimated quantities shown in the plans. The remaining ten percent (10%) is to be paid to Hennepin County upon the completion of the project and submittal to each of the three Cities a copy of the Hennepin County Engineer's Final Estimate for the project showing each parties final share in the contract construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance between the amount deposited and the final share of construction costs for each of the three respective Cities will be returned to the appropriate City. Likewise, any amount due the County by any of the three Cities upon payment of the Final Estimate by the County shall then be paid by the appropriate City as its final payment for the construction and engineering costs of this project. XIV It is agreed that the estimate set forth in said Exhibit "A" is an estimate of the construction, engineering and County furnished equipment costs for said project and that the unit prices set forth in the Contract with the successful bidder and the final quantities as measured by the Hennepin County Engineer or his designated representative shall govern in computing the total final construction, engineering costs and Force Account costs, for apportioning the costs of said project as set forth in said Exhibit "A" attached hereto. XV The Hennepin County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to each party upon request. XVI All records kept by each party with respect to this project shall be subject to examination by the representatives of the other parties hereto. -5- 1 Agreement No. PW 34-89-89 XVII The Cities shall not revise by addition or deletion, or alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities of the other parties in situations where a part of such traffic control signals may be directly involved in an emergency. XVIII Upon completion of the work, Hennepin County, at its sole cost and expense, shall maintain and repair or cause the maintenance and repair of said traffic control signal system at 37th Avenue Northeast and CSAH 27. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City of Columbia Heights or its agents shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles for the integral street lights. Minneapolis and St. Anthony shall each reimburse Columbia Heights thirty three percent (33%) for a total of sixty six percent (66%) of the cost for said fuse, luminaire and wire maintenance. The remaining thirty four percent (34%) shall be borne by Columbia Heights. XIX Hennepin County will be responsible for obtaining all approvals and permits required from the Soo Line Railroad Company for the installation of the railroad preemption system. Any associated permit fees shall be borne equally by Columbia Heights, St. Anthony and Minneapolis. Hennepin County shall invoice the Cities for any: and all expenses incurred due to railroad approvals. The County, at its sole cost and expense, will maintain those portions of said railroad preemption system located within public right of way. XX It is further agreed that each party of this agreement shall not be responsible or liable to any of the other parties or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the other parties as -6- dWv Agreement No. PW 34-89-89 provided for herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by that party. XXI It is further agreed that any and all employees of each party of this agreement and all other persons engaged by that party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees of any of the other parties, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of any of the other parties. XXII The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. f -7- Agreement No. PW 34-89-89 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF COLUMBIA HEIGHTS (Seal ) COUNTERSIGNED: By: � By Mayor City Finance Officer Date: Date: Attest: App r e a to Legality: City Clerk 1 Date: y: ity Attorney / Date: J/1 CITY OF ST. ANTHONY COUNTERSIGNED: By: Mayor By City Finance Officer Date: Date: Attest: City Clerk Approve as to Legality: Date: By: Assistant City Attorney Date: CITY OF MINNEAPOLIS COUNTERSIGNED: By: Mayor By City Finance Officer Date: Date: Attest: Approve as to Legality: City Clerk Date: By: Assistant City Attorney Date: Agreement No. PW 34-89-89 COUNTY OF HENNEPIN ATTEST: By: Clerk of the County Board Chairman of its County Board Date: Date: And: Upon No er execution, this agreemen Associate County Administrator will e 1 gally valid and b ing. and County Engineer By: Date: Assist nt County Attorney i Ulu, Date: O —cl RECOMMENDED FOR APPROVAL Approved as to execution By: By: Director, Department of Public Works Assistant County Attorney Date: Date: a: 1 � � 1 N N Z I U— F r r r O O O 0 O C!_ ti 1 O O co CO W z 1 o O z z 1 Z O I h m N N W U ! -i 64 69 N S S 1 4fl ff3 N H I U I W r Z I O i CN U I t!1 to W Z H cn I O O O 0 H CO F- 1 O O co c0 C) 0 C9 I ¢ O W I ~-1 46F N U S 1 64 69 J W r ¢ i Z Z i C7 I _ cn W U 1 a2 ap ¢ ¢ H Z I N N O 1 �. H O r- (n Z I O O c0 c0 m � m ¢ O o m m S �r U) I r` m N N X *I: O F- i .-1 UH 69 N W t`- U U7 1 64 64 N 1 CL I U O 1 Z I S (n i to Lr) H 1 N N O O 1 H cn CL I O O I- ¢ 1 O O O co ¢ U W i O O co m CL o m H Z i h ^ N U H 1 H m N N H i 64 {f} F- I ¢ I CL H I U I F- O 1 cn U 1 O O O O I O O O N U J i O O N In ¢ I tf1 I- 1 cc N Q� O 1 \O e-1 ON CO t- I 64 64 64 6<i 1 i 1 � W J 1 0 Z N H F- i O I U S 0 F- F- 1 W U ¢ U U 1 F- ¢ U ¢ i H W oZf Z cz U H Z 1 ¢ O W W OU t CC L.• J W LL- CD H O I O F^ u 1 U Z F- Z I 0 Z W ct i O O i U U I I I 1 -i N CITY COUNCIL LETTER Meeting of: 1/27/92 AGENDA SECTION: ORDINANCES ORIGINATING DEPARTMENT: CITY NO. 6 PUBLIC WORKS MANAGER ITEM: JOINT POWERS AGREEMENT TO BY: K. Young BY: ��9 NO. INSTALL SIGNALS AT STINSON DATE: 1/22/92 DATE:1-M, BLVD AND 37TH AVE . - PROJECT 8922 Hennepin County has prepared a Joint Powers Agreement for the design, construction and maintenance of a signal system at the intersection of Stinson Blvd. and 37th Ave. N.E. The signal system will be coordinated with the railroad crossing warning system to provide red flashing lights at the signals when a train is present . Hennepin County is responsible for preparing the plans and specifications, bidding, contract administration and inspection as well as future maintenance of the signals . Columbia Heights will reimburse Hennepin County for 250 of the signal installation costs (estimated at $20, 000) , plus 14% for engineering (estimated $2, 380) . According to the agreement, Columbia Heights is responsible for the electrical supply to the signals . (The Controller is located in Columbia Heights . ) Columbia Heights will invoice Minneapolis and St . Anthony for their respective shares . Hennepin County covers all maintenance costs and therefore does not participate in the electric costs. The initial costs are covered by M.S .A. S . construction funds . The on-going electric costs are covered by M. S .A. S . maintenance funds . RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 92- being a resolution authorizing an agreement with Hennepin County to install traffic signals at the intersection of Stinson Blvd. and 37th Ave . N.E . , also known as Hennepin County Agreement No. PW 34-89-89 . KKY: jb 92-027 COUNCIL ACTION: