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HomeMy WebLinkAbout2019-2925rrkilDEPARTMENT OF TRANSPORTATION Date: February 25j, 2019 Kevin Hansen Public Works Director 637 38th Avenue NE Columbia Heights, MN 55421 RE: Traffic Control Signal Agree. No. 1032966 City of Columbia Heights S.P. 02D7 -99 (T.H. 65 =005) S.A.P. 113 - 010 -020 Office of Project Management and Technical Supp 2019w2925 Cooperative Agreements Unit, Mai{ Stop 682 395 John Ireland Blvd., St. Paul, MN 55155 City cost for Traffic Control Signal construction by the State on T.H. 65. Contract Number: 190031 Dear Mr. Hansen: Office Telephone: (651) 366 -4634 RECEIVED FEB 2 S 1019 PUBLIC WORKS 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 the cost, operation and maintenance of the new Traffic Control Signal(s), Emergency Vehicle Pre- emption System(s) and Interconnect. The State has recomputed the City's cost share for this contract using the low bid unit prices of Granite Ledge 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 $239,892.46 to the revised amount of $275,729.90. An invoice in the amount of $275,,729.90 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, AA46 e0o", r Malaki-Ruranika Cooperative Agreements Engineer Enclosures An equal opportunity employer cc: Mike Kowski* Mike Gerbensky* Greg Kern* MN-DOT-AR Agreements Kara Taylor* April Lucas* Paul Reichstadt* File MMR:(DRM) *Electronic Copy An equal opportunity employer MnDOT Contract No: 1032966 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF COLUMBIA HEIGHTS TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): Trunk Highway Number (T.H.): State Aid Project Number (S.A.P.): Signal System ID: 0207-99 65 =005 113 - 010 -02D 2405060(21148) Total City Obligation $239.892.46 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 "). 1. Recitals 1. The State will remove the existing traffic control signal and install a new traffic control signal with signal pole mounted luminaires and signing ( "Signal System "), on Trunk Highway No. 65 at 41s'Avenue North East, according to State - prepared plans, specifications and special provisions designated by the State as State Project No. 0207 -99 (T.H. 65 =005); and 2. The State will install 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 and video camera ( "State Furnished Materials "), according to the Project Plans, to operate the Signal System covered under this Agreement; and 4. The City wishes to participate in the costs of the Signal System, APS, EVP System, State Furnished Materials lump sum amounts and associated construction engineering; and 5. The City and the State will participate in the operation and maintenance of the new Signal System, APS, EVP System and Interconnect; and 6. 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 Term of Agreement; Survival of Terms; Plans; 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 Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 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. 0207 -99 (T.H. 65=005) and State Aid Project No. 113- 010 -020 are on file in the Receivable 2 Party Signal (Cooperative Agreements) MnDOT Contract No: 1032966 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 office of the City Engineer and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise forbids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. D 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 the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders 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 and change orders to the construction contract that will affect the City participation construction covered under this Agreement. B. The City 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 and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and EVP System on T.H. 65 at 41St Avenue NE. 3.1. City R esponNibilides. 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, and EVP System. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. 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 MnDOT Standard Specification 2565.3X, unless approved by the State's District Traffic Engineer. -- Receivable 2 Part} Signal (Cooperative Agreements) MnD01' Contract No: 1032966 v. Maintain the Internally Lit Signs. vi. Paint and maintain the 41St Avenue NE, pedestrian crosswalk markings. C. The City will provide for the maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the Trunk Highway which intersects with City roads. 3.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the interconnect and flashing yellow arrow 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 § 169.011, Subdivision 3. 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 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 Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 76965, dated I I " day of June, 1998, between the parties, for the intersection of T.H. 65 at 41St Avenue NE. 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 covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated: A. 50 Percent will be the City's rate of cost participation for the Signal System, APS, EVP System and State Furnished Materials on T.H. 65 at 41St Avenue NE. B. 100 Percent will be the City's rate of cost participation for Internally Lit Signs, 6" Concrete Walk Special and City utility adjustments. -3- Receivable 2 Party Signal (Cooperative Agreements) MnDOT Contract No: 1032966 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. 4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda that are necessary for 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 associated construction engineering before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. $239,892.46 is the City's estimated share of the costs of the contract construction, State Furnished Materials 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, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 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: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I ". B. 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. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 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.- Gregory Kern, NINDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2, Roseville,, MN 55155 Telephone: (651) 234 -7877 E -Mail: gregory.kem@state.mn.us b.2. The City's Authorized Representative will be: Name /Title: Kevin Hansen Public Works Director /City Engineer (or Successor) Address: 63738 Ih Avenue NE, Columbia Heights, MN 55421 -4- Receivabte 2 Party Signal (Cooperative Agreements) MnDOT Contract No: 1032966 Telephone: (763) 706 -3705 Email: khansen @columbiaheightsmn.gov 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 County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Terminationfor 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 -5- Receivable 2 Party Signal (Cooperative Agreements) MnDOT Contract No: 1032966 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. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 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] -_ Receivable 2 Party Signal (Cooperative Agreements) CITY OF COLUMBIA HEIGHTS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. 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That the City of Columbia Heights enter into MnDOT Agreement No. 1032966 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the traffic control signal construction and other associated construction to be performed upon, along and adjacent to TH 65 (Central Avenue) at 41st Avenue NE within the corporate City limits under State Project No. 0207-99 and State Aid Project No. 113-010-020. ORDER OF COUNCIL hereby certify that this is a true and correct copy of the original document Certified by _... - - - -- - M Day 20 �