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HomeMy WebLinkAboutContract 2012 2466 ,VMinnesota Department of Transportation 395 John Ireland Boulevard (651) 366-4634 p Saint Paul, MN 55155 Mail Stop 682 t g - Date: October 25, 2012 Kevin Hansen . ........I Public Works Director 590 4 0th Avenue NE Columbia Heights, MN 55421 NOV 5 RE: Coop. Const. Agree. No. 01592 City of Columbia Heights S.P. 0205-97 (T.H. 47=156) S.A.P. 113-010-019 City bid based lump sum payment for Traffic Control Signal construction by the State on T.H. 47 Dear Mr. Hansen: Transmitted herewith for the City's use and retention, is a fully executed copy of the subject agreement between the City, Anoka County and this department. The agreement provides for a bid based lump sum payment by the City to the State for Traffic Control Signal construction to be performed by the State under contract on Trunk Highway No. 47 (University Ave.) at County State Aid Highway No. 2 (40th Ave. NE). The State has recomputed the City's cost share for this contract using the low bid unit prices of Eagan Company, to whom this construction contract has been awarded. The City's lump sum cost share as recomputed, increased from the preliminary estimate of $76,464.00 to the revised amount of $85,708.66. An invoice in the amount of $85,708.66 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, Marya ne Kelly-Sonnek Municipal Agreements Engineer Enclosures An Equal Opportunity Employer 1000%. A k Mn/DOT Contract No: 01592R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITE' OF COLUMBIA HEIGHTS And ANOKA COUNTY TRAFFIC CONTROL SIGNAL,AGREEMENT State Project Number(SP): 0205-97 City: Total Obligation $76,464.00 State Aid Project Number: 113-010-019 Trunk Highway Number(TH): 47=156 System I.D. 20670 County Total Obligation $57,240.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Columbia Heights acting through its City Council("City")and Anoka County acting through its Board of Commissioners ("County"). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal Pole Mounted Luminaires and Interconnect("Signal System"), and Internally Lit Signs(Internally Lit Signs), on Trunk Highway No.47 (University Avenue)at County State Aid Highway No.2 (40t"Avenue NE), in the City of Columbia Heights,Anoka County,Minnesota, according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 0205-97 (T.H. 47=156) ("Project"); and 2. The State will install an Emergency Vehicle Pre-emption System ("EVP System")and Accessible Pedestrian Signals("APS") as part of the new Signal System; and 3. The State will furnish a cabinet and controller("State Furnished Materials"), according to the Project Plans, to operate the Signal System covered under this Agreement; and 4. The City and County wish to participate in the costs of the Signal System,APS,Internally Lit Signs,EVP System construction, State Furnished Materials lump sum amounts, and associated construction engineering; and 5. The City, at its cost and expense, wishes to have the Traffic Control Signal System painted; and 6. The City and the State will participate in the operation and maintenance of the new Signal System,APS, EVP System, and Internally Lit Signs. 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 1.1. Effective elate. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration (late. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses uNhich impose obligations continuing in their nature and which must survi-e 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 Audits; 11. Government Data Practices; 12. Governing Law;Jurisdiction; Venue; and 14. Force Majeure. -1- Mn/DOT Contract No: 015928 The terms and conditions set forth in Article 3. Signal System and EVP System 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. 0205-97 (T.H. 47=156) 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 County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. ContractAwarcl. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 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 Plans. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction,which may include City and County 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 and or County officials of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City-and or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines 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,Internally Lit Signs,and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System, Internally Lit Signs, and EVP System on Trunk Highway No. 47 (University Avenue)at County State Aid Highway No. 2 (40`x'Avenue NE). 3.1. City Responsibilities A. 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. P. Minor Signal System Maintenance. The City will provide for the following,without cost to the State. i. Maintain the signal pole mounted luminaires and all internal components, including replacing the luminaires and lamps when necessary. ii. Replace the Signal System L.E.D. indications. iii. Clean the Signal System controller cabinet and service cabinet exteriors. -2- Mn/DOT Contract No: 015928 iv. Clean and paint the Signal System and luminaire mast arm extensions. v. Relamp, maintain and operate the Internally Lit Signs. 3.2. State Responsibilities A. Interconnect, Timing, Other Maintenance. The State will maintain the interconnect and signing, and perform all other Signal System,APS, and signal pole luminaire circuit 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. B. 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. above 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(s)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 parties to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. i. This agreement will supersede and terminate the operation and maintenance terms of Agreement No. 69741, dated January 13, 1993, between the City,the Cities of Blaine,Fridley, and Minneapolis, and the County and the State for the intersection of Trunk Highway No. 47(University Avenue) at County State Aid Highway No. 2 (40t"Avenue NE). The Cities of Blaine,Fridley, and Minneapolis will be sent a letter of termination for this intersection. ii. This agreement will supercede and terminate the EVP operation and maintenance terms of Agreement No. 76694, dated September 22, 1997, between the City and the State for the intersection of Trunk Highway No. 47(University Avenue)at County State Aid Highway No. 2 (40"'Avenue NE). 4. Basis of City and County Cost 4.1. SCHEDULE "I". The Preliminary SCHEDULE "I" includes all anticipated City and County participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City and County Participation Construction. The City and County will participate in the following at the percentages indicated. The City and County will be billed for the match of their cost participation as shown on the Schedule "I". City and County costs will include an amount equal to all City and County participation construction, State Furnished Materials, painting, Internally Lit Signs, and associated construction engineering. -J- Mn/DOT Contract No: 015928 A. Signal System,APS, and State Furnished Materials on Trunk Highway No.47 (University Avenue)at County State Aid Highway No. 2 (40t"Avenue NE). i. 25 Percent will be the City's rate of cost participation. ii. 25 Percent will be the County's rate of cost participation. P. EVP System on Trunk Highway No.47 (University Avenue)at County State Aid Highway No. 2 (40"' Avenue NE). 50 Percent will be the City's rate of cost participation. C. Internally Lit Signs on Trunk Highway No. 47(University Avenue) at County State Aid Highway No. 2 (40th Avenue NE). 100 Percent will be the City's rate of cost participation. D. 100 Percent will be the City's rate of cost participation for painting of the Signal System on Trunk Highway No.47 (University Avenue)at County State Aid Highway No. 2 (40"'Avenue NE). 4.3. Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes,Additional Construction,Etc. The City and County,respectively,will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the respective City and or County participation construction covered under this Agreement, including any City and or County requested additional work and plan changes. The State reserves the right to invoice the City and or County for the cost of any additional City and or County 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 and County Cost and Payment 5.1. City and County Cost. $76.464.00 is the City's estimated share and$57,240.00 is the County's estimated share of the costs of the contract construction, State Furnished Materials, 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 and County will pay the State their respective full and complete lump sum amounts,as shown in the Revised SCHEDULE "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised SCHEDULE "I". 5.3. The City and County's receipt of a written request from the State for the advancement of funds. The City's and County's payment will not be due until after January 15,2013. 5.4. Acceptance of the City and County's Cost and Completer)Construction.The computation by the State of the amount due from the City and County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. 5.5. Final Payment,Additional City and County 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 and County. The Final SCHEDULE "I" will be based on final quantities of any additional City and or County requested participation construction -4- Mn/DOT Contract No: 01592R items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City and County 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 County Road B2 West, Roseville,MN 55113 Telephone: (651)234-7812 Fax: (651)234-7850 E-Mail: allan.espinoza @state.mn.us 6.2. The County's Authorized Representative will be: Name/Title: Doug Fischer,Anoka County Engineer,(or successor) Address: 1440 Bunker Lake Road,NW, Andover,MN 55304 Telephone: (763) 862-4213 E-Mail: Doug.fischer @co.anoka.mn.us 6.3. The City's Authorized Representative will be: Name/Title: Kevin Hansen, Columbia Heights Public Works Director(or successor) Address: 590 40t1' Avenue NE, Columbia Heights, MN 55421 Telephone: (763)706-3705 E-Mail: Kevin.Hansen @ci.columbia-heights.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties 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, City and County.No other understanding regarding this Agreement, whether written or oral, may be used to bind the parties. S. 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 and County. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. -5- Mn/DOT Contract No: 015928 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 and County'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, County 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 and County under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County or 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 County,Minnesota. 13. Termination. 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate 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 and County. 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: 015928 IN TESTIMONY WHEREOF the parties have e.-,:ecuted this Agreement by their authorized officers . COUNTY OF ANOKA By C Rh6rida Sivarajah, Chair Board of Commissioners Dated: ATTES By w. Jerry eoma County Ad nistrator Dated: APPROVED aY BV: c Douglas F!' he,r, PE � Cnty Highw gineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant unty Attorney Dated: -7- Mn/Dot Contract No. 0 15 92R CITY OF C(?TUMBIA SIGH S DEPARTMENT OF TRANSPORTATION Recommended for approval: ByQY" I mavo-r- By 4,;1 r. dist :ct Engineer Date Approved:/) By 6�k Stafe esign Engineer By Title Date 4 1 lama Approved as to form and execution: Date zz By 40�� 11-41, Contract Management Date R COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division 14 1-n By 6L Date -8- BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: August 28, 2012 RESOLUTION #2012-125 OFFERED BY COMMISSIONER: Kordiak FOR AGREEMENT NO. 01592R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE COUNTY'S SHARE OF THE COSTS OF THE TRAFFIC CONTROL SIGNAL RECONSTRUCTION AT THE INTERSECTION OF TRUNK HIGHWAY NO. 47 (UNIVERSITY AVENUE)AT COUNTY STATE AID HIGHWAY NO.2 (40TH AVENUE NE) WITHIN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED that Anoka County enter into MnDOT Agreement No. 01592R with the Minnesota Department of Transportation for the following purposes: To provide for payment by the county to the state of the county's share of the costs of the traffic control signal reconstruction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 47 (University Avenue) at County State Aid Highway No. 2 (40th Avenue NE) within the corporate city limits of the city of Columbia Heights under State Project No. 0205-97. BE IT FURTHER RESOLVED that the Anoka County board chair, the county administrator, the assistant county attorney, and the Minnesota Department of Transportation are authorized to execute the Agreement and any amendments to the Agreement. BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Minnesota Commissioner of Transportation. STATE OF MINNESOTA) COUNTYOFANOKA ) ss YES NO I, Jerry Soma, County Administrator, Anoka County, Minnesota, hereby certify that I DISTRICT 41 —LOOK X have compared the foregoing copy of the resolution of the county board of said county with the original record thereof on file in the DISTRICT#2—WESTERBERG X Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said board at a meeting duly held DISTRICT#3—WEST X on August 28, 2012, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was DISTRICT#4—KORDIAK X duly passed by said board at said meeting. Witness my hand and seal this 28th day of August 2012. DISTRICT#5— LEDOUX X DISTRICT#6—SIVARAJAH X .TERRY SOMA COUNTY ADMINISTRATOR DISTRICT#7—ER.HART X 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. 2012-102, being a Resolution authorizing agreement numbers 01592R and 01593R with the Minnesota Department of Transportation and Anoka County for the replacement and maintenance of the existing traffic control system on Trunk Highway 47 at 401h Avenue and Trunk Highway 65 at 49th Avenue. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of Columbia Heights this 22t1i day of August 2012. Seal Patricia Muscovit , CMC City Clerk City of Columbia Heights PAIRICUI V.MUSCOVU r�ota�rME-MU A oamrr Cantu X0131.2015 RESOLUTION NO.2012-102 AUTHORIZING AGREEMENT NOS. 01592R AND 01593R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND ANOKA COUNTY FOR THE REPLACEMENT AND MAINTENANCE OF THE EXISTING TRAFFIC CONTROL SYSTEM ON TRUNK HIGHWAY 47 AT 40TH AVENUE AND TRUNK HIGHWAY 65 AT 49TH AVENUE WHEREAS, the traffic control systems on TH 47 at 40th Avenue NE and TH 65 at 49th Avenue NE have reached their useful life; and, WHEREAS, MnDOT has planned to reconstruct the existing traffic controls systems; 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 ofthe City of Columbia Heights to enter into an agreement with the State of Minnesota, Department of Transportation and the County of Anoka 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. 47 (University Avenue) at 401h Avenue NE within the corporate limits of Columbia Heights under State Project No. 0205-97 and State Aid Project No. 113-010-019 (TH 47=1565) and Trunk Highway No. 65 (Central Avenue) at 491h Avenue, State Project No. 0207-96 and State Aid Project No. 113-010-018 (TH 65=005), in accordance with the terms and conditions set forth and contained in Agreement Nos. 01592R and 01593R, copies of which were before the City Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreements and any amendments, and thereby assume for and on behalf of the City of Columbia Heights all of the contractual obligations contained therein. Dated this 13th day of August, 2012 CITY OF COLUMBIA HEIGHTS Offered by: Councilmember Williams Seconded by: Councilmember Schmitt Roll Call: Ayes: Peterson, Schmitt, Williams, Diehm,Nawrocki Mayor Ga L. Peterson Carole J. 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