HomeMy WebLinkAboutContract 2012 2467 Minnesota Department of Transportation
395 John Ireland Boulevard (651) 366-4634
Saint Paul, MN 55155 Mail Stop 682
Date: October 25, 2012
Kevin Hansen
Public Works Director R
590 40th Avenue NE
Columbia Heights, MN 55421 05
WORKS
RE: Coop. Const. Agree. No. 01593
City of Columbia Heights
S.P. 0207-96 (T.H. 65=005)
S.A.P. 113-010-018
City bid based lump sum payment for Traffic
Control Signal 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, 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.
65 (Central Ave.) at County State Aid Highway No. 4 (49th Ave. NE).
The State has recomputed the City's cost share for this contract using the low bid unit prices of
Egan Company, to whom this construction contract has been awarded.
The City's lump sum cost share as recomputed, increased from the preliminary estimate of
$54,661.50 to the revised amount of $56,335.65.
An invoice in the amount of $56,335.65 will be forwarded to the City in a few days, and it is
requested that payment be made accordingly.
Sincerely,
Marya:e Kelly-Sonnek
Municipal Agreements Engineer
Enclosures
An Equal Opportunity Employer
0; 0"'k a (5 0
Mn/DOT Contract No: 01593R
2-
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And .
CITY OF COLUMBIA HEIGHTS
And
ANOKA COUNTY
TRAFFIC CONTROL SIGNAL AGREEMENT
State Project Twnoubmr(SP): 0207-98 City: Total Obligation
State Aid Project Noozber: 113-0I0-010
][rmok Highway Number(TH): 65=005
System I.Q, 21153 County: Total Obligation
This Agreement in between the State of Minnesota, acting through by Commissioner of Transportation("State")and
City uf Columbia Heights acting,through its City Council ("City")and Anoka County acting through its Board of
Commissioners ("County").
Recitals
L The State will remove the existing Traffic Control Signal and install u new TruffioControl Signal with Signal
Pole Mounted Luminaires and Interconnect("Oigoal 3yntezo")'and Internally Lit Signs (Internally Lit Signs),
oo Trunk Highway No. 65 (Central Avenue)a1 County State Aid Highway No.4 (49 m
Avenue NB), iuthe
City of Columbia Heights,Anoka County, Minnesota, according to State-prepared plans, specifications and
special provisions designated hy the State aaState Project No. 0207-96 (T.H. 65=005) ("P ect"); uod
2. The State will install ao Emergency Vehicle Pre-emption System("E\72 Syoteou")and Accessible Pedestrian
3i�uula("fQ�S")aspud �p
o�tboo� SiAou] Syatczu; aud
3. The Project ioo\udea salvaging and reinstalling an in-place trulfiosignal control cabinet and controller,
according Lo the Project ylaoo"toupora1edbe Signal System covered under this Agreement; and
4. The City and County wish to participate in the unota of the Signal System,/\P3,Internally Lit Signs,E\/P
8yutcoz construction, and associated construction engineering; and
5. The City, at its cost and expense,wishes to have the Traffic Control Signal System painted; and
0. The City and the State will participate in the operation and maintenance of the new Signal System,APS,
B\/P System, and Internally Lit Signs.
7. Minnesota Statutes 8 161.20, subdivision 3 authorizes the Commissioner of Transportation tomake
arrangements with and cooperate with any governmental authority for the purposes ofconstructing,
maintaining and improving the trunk highway system.
Agreement
1. ][erzu of Agreement; Survival of Terms;Plans
1.1, Effective idate. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes 8 16C.05, subdivision 2.
1.2. f[rnirudom du/e. This Ag7ooroeot*il| 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
iu order togive 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; ll. Government Data Practices; 12. Governing Law; Jurisdiction;Venue; and 14. Force M jonre.
The terms and conditions set forth bn Article 3. Signal System and B\/9S}stem Operation and Maintenance
l
Mn/DOT Contract No: 015938
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. 0207-96 (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 County Engineer and
incorporated into this Agreement by reference.
2. Construction by the State
2.1. ContractAward 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 on Trunk Highway No. 65 (Central Avenue) at County State Aid Highway No. 4(49th 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.
B. 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.
iv. Clean and paint the Signal System and luminaire mast arm extensions.
v. Relamp, maintain and operate the Internally Lit Signs.
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Mn/DOT Contract No: 015938
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 § 169.0 1, 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.
This agreement will supersede and terminate the 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 County State Aid Highway No. 4 (49"'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.
A. Signal System and APS on Trunk Highway No. 65 (Central Avenue)at County State Aid Highway No. 4
(49`x'Avenue NE).
i. 18.75 Percent will be the City's rate of cost participation.
ii. 31.25 Percent will be the County's rate of cost participation.
B. EVP System on Trunk Highway No. 47 at County State Aid Highway No. 2 (401''Avenue NE).
50 Percent will be the City's rate of cost participation.
C. Internally Lit Signs on Trunk Highway No. 47 at County State Aid Highway No. 2 (40`x'Avenue NE).
100 Percent will be the City's rate of cost participation.
Mn/DOT Contract No: 01593R
D. 100 Percent will be the City's rate of cost participation for painting of the Signal System on Trunk
Highway No.47 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. $54,661.50 is the City's estimated share and$59,062.50 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".
P. 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.
5.3. Acceptance of the City and County's Cost and Completed 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 con_clusive upon the City and County as to the
satisfactory completion of the contract construction.
5.4. 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 2.3.13 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
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 Countv Road B2 West, Roseville, MN 55113
Telephone: (651)234-7812
Fax: (651)234-7850
E-Mail: allan.espinoza @state.mn.us
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Mn/DOT Contract No: 01593P
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, NIN 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 401h Avenue NE, Columbia Heights, NIN 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.
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
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Mn/DOT Contract No: 015938
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
zD
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 1VMajeure
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 ofwar or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
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Mn/DOT Contract No: 015938
IN TESTIMONY WHEREOF the parties have executed this Agreement by
their authorized officers .
COUNTY OF ANOKA
�
By Z
Rhonda Sivarajah, Chair
Board of Com Pioners
T
Dated:
ATTEST
By
Jerry o a
County Ad 'nistrator
Dated:
APPROVED BY
By: _ L1AA
Douglas W. Fil(cher, PE
County Highw ngineer
Dated:
APPR!.7D,,AS TO F R
By:
Dan Klint
Assistant Counts Attorney
Dated:
-7-
Mn/Dot Contract No. 0 15 92R
CITY OF CQLUMBIA EIG S DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
r Mayor By
r DiAricr tngineer
Date Approvel: I
By
sqat\Design Engineer
By
Title "'�V 1114'14*,4 Date
Approved as to form and execUtion:
Date
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Mana ement D, ision
By
Date
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
RESOLUTION #2012-126
DATE: August 28,2012
OFFERED BY COMMISSIONER: Kordiak
FOR AGREEMENT NO. 0159IION FOR THE COUNTY S SHARE
DEPARTMENT OF TRANSPORTATION
OF THE COSTS OF THE HE INTERSE®INTERSECTION OF TRUNK
RECONSTRUCTION AT T
HIGHWAY NO. 65 (CENTRA H AVENUE)NE)WITHIN THE STATE AT COUNTY
AID HIGHWAY No. 4 (49 A
CITY OF COLUMBIA HEIGHTS
RESOLVED that Anoka County enters into MnDOT Agreement No. 01593R with the
BE IT RESO Purposes*
Minnesota Department of Transportation for the following pub share of the costs of the traffic
To provide for payment by the county to the state ti the be performed upon, along, and adjacent
control signal reconstruction and other associated construction to be p No. 4 (49th Avenue NE)State Aid Highway
to Trunk Highway No. 65 (Central Avenue)of Columba He Heights under State Project No. 0207-96.
within the corporate city limits of the city
BE IT FURTHER RESOLVED that the Anoka County board chain are administrator,the execute the
assistant county attorney, and the�Minene Minnesota D prtment of Transportation
Agreement and any amendments Agreement.
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the
Minnesota Commissioner of Transportation.
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 40t" 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 Muscovi , 'MC
City Clerk
City of Columbia Heights
o PAIRICIAV.N M CMUOM SMCEOW
M
1O1ARYKU-
Comm EO*01.31.2015
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 401h 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 49th 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 Gary L. Peterson
Carole J. Blowers,615r6cretary Pro Tern
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