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Res 2019- 23 MNDOT Traffic Control Signal Agr 1033143CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-23 RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL SIGNAL AGREEMENT NUMBER 1033143 FOR THE TRAFFIC CONROL SIGNAL AT THE INTERSECTION OF COUNTY ROAD 31 (PILOT KNOB ROAD) AND TRUNK HIGHWAY 494 IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 1033143 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the operation, maintenance and power of the new Traffic Control Signal with Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Emergency Vehicle Pre- emption System and Signing on Trunk Highway No. 494 north ramps at County State Aid Highway No. 31 (Pilot Knob Road) within the corporate City limits under State Aid Project No. 019-631- 052 and State Project No. 1985.148. IT IS FURTHER RESOLVED that the Public Works Director and the (Title) City Administrator are authorized to execute the Agreement and any amendments to the (Title) Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Mendota Heights an authorized meeting held on the 19th day of March, 2019, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this 19 . day of m a -r -c-) , 2019 Notary Public My Commission Expires l ` 3 l - a0 aco G LORR SMITH Noia>i +P` i 1ta�Minnesota c; s Ny' CommrssiQn Expires Jan 31, 2tj?l; (Signature) !J2iI G-awlaek (Type or Print Name) M C'-v`0V (Title) DEPARTMENT OF TRANSPORTATION Date: June 3, 2019 Ryan Ruzek City Engineer 1101 Victoria Curve Mendota Heights, MN 55118 RE: Traffic Control Signal Agree. No. 1033143 City of Mendota Heights S.P. 1985-148 (T.H. 494=112) S.A.P. 019-631-052 Contract Number: 119615 Dear Mr. Ruzek: Office of Project Management and Technical Support Cooperative Agreements Unit, Mail Stop 682 395 John Ireland Blvd., St. Paul, MN 55155 Office Telephone: (651) 366-4634 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. Sincerely, Malaki Ruranika Cooperative Agreements Engineer Enclosures An equal opportunity employer cc: Mike Gerbenslcy* Greg Kern* Cynthia Krumsieg* MN_DOT_AR_Agreements* Kara Taylor* Chris Sylvester* Paul Reichstadt* File MMR:(DRM) *Electronic Copy An equal opportunity employer MnDOT Contract No: 1033143 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF EAGAN And CITY OF MENDOTA HEIGHTS And DAKOTA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): Trunk Highway Number (T.H.): State Aid Project Number (S.A.P.): Signal System "A" ID: Signal System "B" ID: 1985-148 494=112 019-631-052 2405058 (21726) 2405059 (21725) Dakota County Total $216,141.48 Obligation This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ('State"), the City of Eagan acting through its City Council ('Eagan"), and the City of Mendota Heights acting through its City Council ('Mendota Heights"), and Dakota County acting through its Board of Commissioners ('Dakota County"). Recitals The State will remove the existing traffic control signals and install new traffic control signals with signal pole mounted luminaires and signing ('Signal Systems"), on Trunk Highway No. 494 south ramp at County State Aid Highway (C.S.A.H.) No. 31 (Pilot Knob Road), in the City of Eagan, and on Trunk Highway No. 494 north ramp at County State Aid Highway No. 31 (Pilot Knob Road), in the City of Mendota Heights, located in Dakota County, Minnesota, according to State -prepared plans, specifications and special provisions designated by the State as State Project No. 1985-148 and State Aid Project No. 019-631-052 (T.H. 494=112) ('Project"); and 2. The State will install Emergency Vehicle Pre-emption Systems ("EVP Systems") and Accessible Pedestrian Signals ('APS") as part of the new Signal Systems; and 3. The State will furnish a cabinet and controller Type R and Video Detection Cameras ('State Furnished Materials"), according to the Project Plans, to operate the Signal Systems covered under this Agreement; and 4. The State and Dakota County wish to participate in the costs of the Signal Systems, APS, EVP Systems, and Interconnect construction, State Furnished Materials lump sum amounts, and associated construction engineering; and 5. The State, City of Eagan, City of Mendota Heights, and Dakota County will participate in the operation and maintenance of the new Signal Systems, APS, EVP Systems, 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 1. 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- MnDOT Contract No: 1033143 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, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Aid Project No. 019-631-052 and State Project No. 1985-148 (T.H. 494=112) are on file in the office of the City Engineer at Eagan, Minnesota, in the office of the City Engineer at Mendota Heights, Minnesota, in the office of the County Engineer at Dakota County, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Construction by the State 2.1. ContractAward. The State will advertise forbids 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 Dakota County 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 Dakota County officials of any proposed addenda and change orders to the construction contract that will affect the Dakota County participation construction covered under this Agreement. B. Dakota 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 letters 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 Systems and EVP Systems on T.H. 494 south ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "A"), and T.H. 494 north ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "B"). 3.1. Eagan, Mendota Heights, and Dakota County Responsibilities. A. City of Eagan and Dakota County Power. Eagan and Dakota County 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 on T.H. 494 south ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "A"). Dakota County will invoice Eagan for 100 percent of the luminaire costs and 50 percent of the signal power costs. -2- MnDOT Contract No: 1033143 B. City of Mendota Heights and Dakota County Power. Mendota Heights and Dakota County 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 on T.H. 494 north ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "B"). Dakota County will invoice Mendota Heights for 100 percent of the luminaire costs and 50 percent of the signal power costs. C. Minor Signal System Maintenance. Eagan, Mendota Heights, and Dakota County will provide for the following, without cost to the State. i. Dakota County will provide for the following, without cost to the State. a. Replace the Signal Systems 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. b. Clean the Signal Systems, controller cabinets, and service cabinet exteriors. ii. Eagan will provide for the following at T.H. 494 south ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "A"), without cost to the State. a. 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. b. Clean the luminaire and luminaire mast arm extensions. iii. Mendota Heights will provide for the following at T.H. 494 north ramp at C.S.A.H. 31 (Pilot Knob Road) (Signal System "B"), without cost to the State. a. 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. b. Clean the luminaire and luminaire mast arm extensions. 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 Eagan, Mendota Heights, or Dakota County. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Opef•ation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems 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. Eagan and Mendota Heights 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 Systems must be reported to the State immediately. iv. In the event the EVP Systems 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 Eagan or Mendota Heights 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 Systems will be determined by the State. -3- MnDOT Contract No: 1033143 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 Agreement No. 64139M, dated December 2, 1987, supersede Agreement No. 76514, dated August 18, 1997, and supersede Agreement No. 07045, dated April 1, 2016, between the parties for the intersections of the T.H. 494 ramps at C.S.A.H. 31 (Pilot Knob Road). 4. Basis of Dakota County Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated Dakota 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. Dakota County Participation Construction. Dakota County will participate in the following at the percentages indicated. A. Signal System, APS, EVP System, and State Furnished Materials on T.H. 494 south ramp at C.S.A.H. 31 (Pilot Knob Road) (System "A"). L 50 Percent will be Dakota County's rate of cost participation. B. Signal System, APS, EVP System, and State Furnished Materials on T.H. 494 north ramp at C.S.A.H. 31 (Pilot Knob Road) (System "B"). L 50 Percent will be Dakota County's rate of cost participation. 4.3. Construction Engineering Costs. Dakota 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. Dakota County will share in the costs of construction contract addenda and change orders that are necessary to complete the Dakota County participation construction covered under this Agreement, including any Dakota County requested additional work and plan changes. The State reserves the right to invoice Dakota County for the cost of any additional Dakota County requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction. 5. Dakota County Cost and Payment 5.1. Dakota County. $216,141.48 is Dakota County'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. Dakota County will pay the State their respective 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 Dakota County, including a copy of the Revised Schedule "I". B. Dakota County receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of Dakota County's Cost and Completed Construction. The computation by the State of the amount due from Dakota County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon Dakota County as to the satisfactory completion of the contract construction. 5.4. Final Payment, Additional Dakota County Requested Work. Upon completion of all contract construction and upon computation of the final amount due to the State's contractor, and only if additional work has been -4- MnDOT Contract No: 1033143 requested under Article 2.3.13 of this Agreement, the State will prepare a Final Schedule "I" and submit a copy to Dakota County. The Final Schedule "I" will be based on final quantities of any additional Dakota 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 Dakota County will be final, binding and conclusive. The State, and Dakota County 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 States's Authorized Representative will be: Name/Title: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7877 E -Mail: gregory.kern@state.mn.us 6.2. Eagan's Authorized Representative will be: Name/Title: John Gorder, City Engineer (or successor) Address: 3830 Pilot Knob Road, Eagan, MN 55122 Telephone: 651-675-5646 E -Mail: jgorder@cityofeagan.com 6.3. Mendota Heights' Authorized Representative will be: Name/Title: Ryan Ruzek, City Engineer (or successor) Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Telephone: 651-255-1123 E -Mail: ryanr@mendota-heights.com 6.4. The Dakota County's Authorized Representative will be: Name/Title: Mark Krebsbach, County Engineer (or successor) Address: 14955 Galaxie Avenue, 31 Floor, Apple Valley, MN 55124 Telephone: 952-891-7102 E -Mail: mark,krebsbach@co.dakota.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, Eagan, Mendota Heights, and Dakota County. No other understanding regarding this Agreement, whether written or oral, may be used to bind the parties. -5- MnDOT Contract No: 1033143 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 Eagan, Mendota Heights, and Dakota 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, Eagan's, Mendota Heights' and Dakota 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 Eagan, Mendota Heights, Dakota County, and the 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 Eagan, Mendota Heights, and Dakota 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 Eagan, Mendota Heights, Dakota County, 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. 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 Eagan, Mendota Heights, and County. 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] W CITY OF EAGAN 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. e By: Title: Date: ";' _/ 9 —/ % By: Title: 6,94 Date: �J-1 9-1% -7- MnDOT Contract No: 1033143 MnDOT Contract No: 1033143 CITY OF MENDOTA 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. By: �kd lblw Title: V4 u X 1, W l A,- miz6tP� Date: q 1.16 (W'% By: Title: ear o Date: DAKOTA COUNTY 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. Recommended for Approval: (Co my ngineer) Approved as to form: DEPARTMENT OF TRANSPORTATION Recommended for Appr va By: (Distri ngineer) Date: G Appro By: By: (County Attorney) Approved: By: (Physical Devi opment Director) Date: -5 _ -Z �t 7 County Board Resolution No. 19-421 Date: March 12, 2019 CAO File No. KS -19-127 Contract No. C0031318 Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: IA -1 M-1 o. 0 N O .3 O Cl O 00 00 P, O O .. 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IT IS FURTHER RESOLVED that the Hak joc and the (Title) C'S Clerk are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the REplution adopted by the Council of the Cit of Eagan at an authorized meeting held on the day of A r' , 2019, as shown by the minutes of the meeting in my possession. Subscribed and swor to before me this �- day of C►� ,2019 Notary Publicl o_o CIS, My p Ja11'1 3L a °aa -- M Commission Expires � CHERYL L: STEVENSON �= Notary Public -Minnesota My Cannilwlon Exph w Jan 31, 2D22 (Signature) Ch-irv-, M Sci wvl; (Type or Print Name) It (Title) BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA March 12, 2019 Resolution No. 19-421 Motion by Commissioner Atkins Second by Commissioner Holberg Authorization To Execute Agreement No. 1033143 With Minnesota Department Of Transportation And Cities Of Eagan and Mendota Heights To Construct, Maintain, And Operate Traffic Signals On County State Aid Highway 31 At 1-494 Ramps WHEREAS, promoting safe and efficient operation of the highway system throughout the County is a mission of the Transportation Department; and WHEREAS, the County is partnering with the Minnesota Department of Transportation (MnDOT) and the Cities of Eagan and Mendota Heights on County Project (CP) 31-100; and WHEREAS, CP 31-100 is the removal and replacement of signals at the 1-494 ramps and County State Aid Highway (CSAH) 31 (Pilot Knob Road); and WHEREAS, MnDOT is the lead agency for a larger project on 1-494 which includes revisions to the 1-494 ramp at CSAH 31 including signal replacements; and WHEREAS, the County is responsible for 50 percent of the overall project construction and inspection costs for these signals, consistent with MnDOT and County policy for signal replacements; and WHEREAS, MnDOT estimates the County cost share of the project to be $250,000 for cost of construction, state - furnished materials and construction engineering costs; and WHEREAS, the 2019 Transportation Capital Improvement Program Adopted Budget includes $320,000 for the signal replacement project CP 31-100; and WHEREAS, maintenance and operation costs are already accounted for in the operating budget since the project involves replacement of existing signals; and WHEREAS, MnDOT, Dakota County, and the Cities of Eagan and Mendota Heights mutually desire to enter into MnDOT Agreement No. 1033143 to define costs and responsibilities associated with the operation, maintenance and power of the two signals at 1-494 ramps and CSAH 31. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute Minnesota Department of Transportation Agreement No. 1033143 with the Minnesota Department of Transportation and the Cities of Eagan and Mendota Heights to define costs, maintenance, operation and power responsibilities for removal and replacement of traffic control signals at the 1-494 ramps and County State Aid Highway 31 (Pilot Knob Road), subject to approval by the County Attorney's Office as to form. STATE OF MINNESOTA County of Dakota I, Jennifer Reynolds, Clerk to the Board of the County of Dakota, State of Minnesota, do hereby VOTE certify that I have compared the foregoing copy of a resolution with the original minutes of the Slavik Yes proceedings of the Board of County Commissioners, Dakota County, Minnesota, at their Gaylord Yes session held on the 12th day of March, 2019, now on file in the County Administration Egan Yes Department, and have found the same to be a true and correct copy thereof. Atkins Yes Witness my hand and official seal of Dakota County this 13th day of March, 2019. Workman Yes Holberg Yes Gerlach Yes Clerk to the Board