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HomeMy WebLinkAboutContract 2012 2440 Mn/DOT Contract No: 99724R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And COLUMBIA HEIGHTS TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number(SP): 0207-93 Total City Obligation Trunk Highway Number(TH): 65=005 $129,924.00 State Aid Project(SAP): 113-010-021 Signal System ID 21154 This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State") and Columbia Heights acting through its City Council ("City"). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Street Lights, Interconnect,and Signing("Signal System"),on Trunk Highway No. 65 (Central Avenue) at 50th Avenue Northeast, in Columbia Heights,Anoka County,Minnesota, according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 0207-93 and State Aid Project No. 113-010-021 (T.H. 65=005)("Project"); and 2. The State will install an Emergency Vehicle Pre-emption System("EVP System")and Accessible Pedestrian Signals("APS"), and perpetuate the interconnection on Trunk Highway No. 65 (Central Avenue)between 49th Avenue and 52nd Avenue as part of the new Signal System;and 3. The State will furnish a traffic control cabinet,controller and four 5-section Cluster Signal Indications ("State Furnished Materials"), according to the Project Plan, to operate the Signal System covered under this Agreement; and 4. The City has elected to have the signal poles painted(green base and yellow pole;mast arms will be unpainted);all at the cost and expense of the City; and 5. At the request of the City and the State agrees,Internally Lit LED mast arm signs(Internally Lit Signs)will be installed as a part of the Signal System; all at the cost and expense of the City;and 6. The City wishes to participate in the costs of the Signal System,APS,and EVP System construction, State Furnished Materials lump sum amounts, the signal pole painting,and the Internally Lit Signs on Trunk Highway No. 65 (Central Avenue)at 50th Avenue Northeast, and associated construction engineering; and the City and the State will participate in the operation and maintenance of the new Signal System,APS,EVP System,and Internally Lit Signs; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses: 8. Liability; Worker Compensation Claims; 10. State -1- Mn/DOT Contract No: 99724R Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. and Article 4. Signal System and EVP System and Internally Lit Signs Operation and Maintenance will survive the expiration of this Agreement,but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. Plans,specifications and special provisions designated by the State as State Project No. 0207-93 and State Aid Project No. 113-010-021 (T.H. 65=005) are on file in the office of the Commissioner of Transportation at St. Paul,Minnesota,and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 0207-93 and State Aid Project No. 113-010-021 (T.H. 65=005) according to the Project Plan. 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plan. The State will oversee the construction of the Internally Lit LED mast arm signs. 2.3. Plan Changes,Additional Construction,Etc. • The State will make changes in the Project Plan and contract construction,which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City participation construction covered under this Agreement. • The City may request additional work or changes to the work in the Plan as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State deteiniines that the requested additional work or Plan changes are necessary or desirable and can be accommodated without undue disruption to the Project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System,EVP System,and Internally Lit Signs on Trunk Highway No. 65 (Central Avenue) at 50`x'Avenue Northeast. 3.1. City Responsibilities • Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Internally Lit Signs. • Minor Signal System Maintenance. The City will provide for the following,without cost to the State. i. Maintain the luminaires and all its components, including replacing the luminaires when necessary. ii. Replace the Signal System L.E.D. indications and relamp the street lights. -2- Mn/DOT Contract No: 99724R iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal System and luminaire mast arm extensions. Painting will be in accordance with Mn/DOT Standard Specification 2565.3T,unless approved by the State's District Traffic Engineer. v. Relamp,maintain and operate the Internally Lit Signs. 3.2. State Responsibilities • Timing and Other Maintenance. The State will maintain the signing(excluding the Internally Lit Signs), and perform all other Signal System,APS,interconnect, and street light maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. • EVP System Operation. The EVP System will be installed, operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are,in the opinion of the State,being misused or the conditions set forth in Paragraph ii. of this article are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph,all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreement. This agreement will supersede and terminate the traffic control signal and EVP operation and maintenance terms of Agreement No. 76965, dated June 11, 1998, between the City and the State, for the intersection of Trunk Highway No. 65 (Central Avenue) at 50th Avenue Northeast. 4. Basis of City Cost 4.1. SCHEDULE "I". The Preliminary SCHEDULE "I" includes all anticipated City participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share for the traffic signal items covered under this Agreement, and is based on engineer's estimated unit prices. It also includes all anticipated City participation for the signal pole painting and Internally Lit Signs. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated: • 50 Percent will be the City's rate of cost participation for the Signal System,APS,EVP System and Lump-sum State Furnished Materials on Trunk Highway No. 65 (Central Avenue) at 50`h Avenue Northeast. • 100 percent will be the City's rate of cost participation for the signal pole painting. • 100 percent will be the City's rate of cost participation for the Internally Lit Signs. -3- Mn/DOT Contract No: 99724R 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement for the traffic signal items. 4.4. Plan Changes,Additional Construction,Etc. The City will share in the costs of construction contract addenda,change orders and supplemental agreements that are necessary to complete the City participation construction covered under this Agreement,including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders and supplemental agreements, and associated construction engineering before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. • $129,924.00 is the City's estimated share of the costs of the contract construction, Lump-sum State Furnished Materials, signal pole painting, Internally Lit Signs, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE"I" was prepared using estimated quantities and unit prices,and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised SCHEDULE "I"based on construction contract unit prices. 5.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount as shown in the Revised SCHEDULE "I",after the following conditions have been met: • Execution of this Agreement and transmittal to the City, including a copy of the Revised SCHEDULE • The City's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City's Cost and Completed Construction.The computation by the State of the amount due from the City will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be final,binding and conclusive upon the City as to the satisfactory completion of the contract construction. 5.4. Final Payment,Additional City Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement,the State will prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" will be based on final quantities of any additional City requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City will be final,binding and conclusive. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Allan Espinoza,Mn/DOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 City Road B2 West,Roseville, MN 55113 Telephone: (651) 234-7812 Fax: (651) 234.7850 E-Mail: allan.espinoza @state.mn.us -4- Mn/DOT Contract No: 99724R 6.2. The City's Authorized Representative will be: Name/Title: Kevin Hansen,Columbia Heights Director of Public Works/City Engineer, (or successor) Address: 590 40th Avenue NE,Columbia Heights,MN 55421 Telephone: (763) 706-3705 Fax: (763) 706-3601 E-Mail: Kevin.Hansen @ci.columbia-heights.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral,may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City's books,records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,received, stored,used,maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey City,Minnesota. -5- Mn/DOT Contract No: 99724R 13. Termination. 13.1. By Mutual Agreement. This Agreement may be teiminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately tei niinate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather, fire, floods,other acts of God, labor disputes,acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- Mn/DOT Contract No: 99724R CITY OF COLUMBIA HEIGHTS DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended fo ppro .1: executed this contract on behalf of the Governmental Unit as required by applicable charter p *visions, resolutions or ordin. ces. By: 4 ( trict Engineer) Ii By _ i dui Date: `7 671 Mayor Date: G Approved: By: I By: (State's esign E j'"' neer) Title: C F ck Y . (2v- Date: 2/97"2- Date: J- COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: re4 9; cD9/7' -7- RESOLUTION NO. 2012-14 AUTHORIZING AGREEMENT NO. 99724R WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT and MAINTENANCE OF THE EXISTING TRAFFIC CONTROL SYSTEM ON TRUNK HIGHWAY 65 AT CENTRAL AVENUE WHEREAS, the traffic control system on TH 65 at 50th Avenue NE has reached its useful life; and, WHEREAS, MnDOT has planned to reconstruct the existing traffic controls system; and, WHEREAS, the cost of the improvements are apportioned based upon MnDOT's Signal Participation Cost Share Policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State for the City's share of the costs of the Signal System, APS, EVP System and Internally Lit Signs construction and other associated construction to be performed on Trunk Highway No. 65 (Central Avenue) at 50th Avenue NE within the corporate limits of Columbia Heights under State Project No. 0207-93 and State Aid Project No. 113-010-021 (TH 65=005), in accordance with the teinis and conditions set forth and contained in Agreement No. 99724R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Dated this 23rd day of January, 2012 CITY OF COLUMBIA HEIGHTS Offered by: Diehm Seconded by: Schmitt Roll Call: Ayes: Peterson,Nawrocki, Diehm, Schmitt Absent: Williams 41 Mayor Gary L. Peterson __._ I _ Patricia Muscov , CMC Ci y Clerk CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I, the duly appointed, qualified City Clerk of Columbia Heights, Minnesota, and the keeper of the records thereof, do hereby certify that the attached is a true and correct original of the City of Columbia Heights City Council Resolution No. 2012-14, being a Resolution authorizing the City of Columbia Heights to enter into Agreement No. 99724R with the Minnesota Department of Transportation and the City of Columbia Heights for the replacement and maintenance of the existing traffic control system on Trunk Highway 65 at Central Avenue. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of Columbia Heights this 24th day of January 2012. 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'4 ,..:_. <•,-) -cl o -5 = •s: 'e kl: 'al- ,..o ,.o -.) .-, .-• krk krk c -E •at: rn cn 1-,-, 0 3 a •"-' o 0 0 0 , co a a a a ONK) MOO ...... ,..0 = 1.,..) o o a • 4-■ ,..) 0 -to --. ... --. --, Lel 4n 4n vn kin Vn Vn 0 to ken 0 0 o NNNNNNNNNNN ,-.1 0.1N C-) 0 f--■ -L.,;':: a) 6/6 ui c-;5 I _ ....... a.);" d I 3 o t 1 1 1 1 I i 1 1 CD vi . . .* CO Q 4,411‘168°44,0 Minnesota Department of Transportation ' i5. 395 John Ireland Boulevard (651) 366-4634 „.0 ,��' Saint Paul, MN 55155 Mail Stop 682 Date: April 5, 2012 Kevin Hansen Public Works Director/City Engineer 590 40th Avenue Northeast 4 Columbia Heights, MN, 55421 APR 1 2 2012 RE: Coop. Const. Agree. No. 99724 PROW WORKS City of Columbia Heights S.P. 0207-93 (T.H. 65=005) S.A.P. 113-010-021 City bid based lump sum payment for Traffic Control Signal and ADA Improvement construction by the State on T.H. 65 Dear Mr. Hansen: Transmitted herewith for the City's use and retention, is a fully executed copy of the subject agreement between the City and this department. The agreement provides for a bid based lump sum payment by the City to the State for Traffic Control Signal and ADA Improvement construction to be performed by the State under contract. The State has recomputed the City's cost share for this contract using the low bid unit prices of Granite Ledge Electrical Contractors Inc, to whom this construction contract has been awarded. The City's lump sum cost share as recomputed, increased from the preliminary estimate of $129,924.00 to the revised amount of $159,127.50. An invoice in the amount of $159,127.50 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, t"A i r; � Ma ne Kelly-Sonnek q Municipal Agreements Engineer Enclosures An Equal Opportunity Employer 6 b (;-,) C") AL In tr s rio a , .....,,