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
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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.
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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.
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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
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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.
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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
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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
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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:
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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: