Loading...
Res 2013- 81 Traffic Control Signal Agr# 04595CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2013-81 RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL SIGNAL AGREEMENT NUMBER 04595 FOR THE TRAFFIC CONROL SIGNAL AT THE INTERSECTION OF COUNTY ROAD 43 (LEXINGTON AVENUE) AND HIGHWAY 110 IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 04595 with the State of Minnesota, Department of Transportation and Dakota County 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, Signing, ADA related items, Emergency Vehicle Pre - emption System, and the existing Interconnect on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue) in the City of Mendota Heights, Dakota County constructed under State Project No. 1908 -108. IT IS FURTHER RESOLVED that the Public Works Director /City Engineer 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 3rd day of December, 2013, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this /a day of DeC'ggm h &- , 2013 Notary Public My Commission Expires / /3/ /©/5 AAfv,AA.,vvvv vvv a LORR iKS, MITH Notar \eubli Minnesota Commi'sts op,Expires Jan 31, 2015 (Signature) .5714 cic6L. 'r (Type or Print Name) /�� tle)/^ Mn /DOT Contract No: 04595 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And DAKOTA COUNTY And MENDOTA HEIGHTS TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): 1918 -108 Trunk Highway Number (T.H.): 110 =117 County Project No: C.P. 43 -32 Signal System ID 21417 Total County Obligation 8133,375.01 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State "), the County of Dakota acting through its County Board ( "County "), and the City of Mendota Heights acting through its City Council ( "City "). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Accessible Pedestrian Signals ( "APS "), Signal Pole Mounted L.E.D. Luminaires, and Signing ( "Signal System ") on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue), according to State - prepared plans, specifications and special provisions designated by the State as State Project No. 1918 -108 (T.H. 110= 117)( "Project "); and 2. The State will install an Emergency Vehicle Pre - emption System ( "EVP System ") and American Disabilities Act (ADA) related items (Remove Curb and Gutter, Remove Concrete Walk, Remove Bituminous Pavement, Concrete Walk, Concrete Curb and Gutter, and Truncated Domes) as part of the new Signal System; and 3. The State will furnish a signal system cabinet and controller ( "State Furnished Materials "), according to the Project Plan, to operate the Signal System covered under this Agreement; and 4. The County wishes to participate in the Construction Costs, State Furnished Materials( Lump Sum ), and associated construction engineering; and 5. The City, County, and the State will participate in the operation and maintenance of the new Signal System, EVP System, and ADA related items. 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. 1.3. 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 Power, Operation, and Mn/DOT Contract No: 04595 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. 1918 -108 (T.H. 110 =117) 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 County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest responsible bidder 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 or 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, EVP System, and ADA related items Power, Operation, and Maintenance Power, operation and maintenance responsibilities will be as follows for the Signal System, EVP System, and ADA related items on Trunk Highway No. 110 at County Road No. 43. 3.1. City and County Responsibilities A. Power. The County and the City shall jointly be responsible for providing the necessary electrical power including connection fees and monthly power charges of the new Traffic Control Signal, Signal Pole Mounted L.E.D. Luminaires, and EVP System. The County will receive the bill for the necessary electrical power including connection fees and the monthly electrical power of the new Traffic Control Signal, Signal Pole Mounted L.E.D. Luminaires, and EVP System. The County will invoice the City for 100 percent of the luminaire energy costs and 50 percent of the signal energy costs. B. Minor Signal System Maintenance. The City will, at its own cost and expense: i. Maintain the signal pole mounted L.E.D. luminaires and all internal components, including replacing the L.E.D. luminaires when necessary. -2- Mn/DOT Contract No: 04595 ii. Provide the State's District Engineer or their designated representative a list of all vehicles with EVP emitter units, if requested by the State. The County will, at its cost and expense: i. Replace the Signal System L.E.D. indications. ii. Clean the Signal System controller cabinet and service cabinet exteriors. iii. Clean the Signal System and luminaire mast arm extensions. 3.2 State Responsibilities Major Signal System Maintenance and Operation: i. The State will, at its cost and expense, be responsible for all other traffic control signal and signal pole mounted luminaire maintenance not indicated in 3.1.B above. ii. As owner, perform Gopher State One Call Locating and be responsible for scheduling future Signal and EVP System replacement and relocation. Eire 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. 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. 70780, dated June 18, 1993, between the parties, for the intersection of Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue). 4. Basis of City Cost 4.1. SCHEDULE "I ". The Preliminary SCHEDULE "I" includes all anticipated 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. County Participation Construction. The County will participate in the following at the percentages indicated: 50 Percent will be the County's rate of cost participation for the Construction Costs and State Furnished Materials on Trunk Highway No. 110 at County Road No. 43. -3- Mn/DOT Contract No: 04595 4.3. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent of the total County participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional 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. County Cost and Payment by the County 5.1. County Cost. $133,375.01 is the 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. The County 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 County, including a copy of the Revised SCHEDULE "I ". B. The County's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the amount due from the County will be fmal, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the County 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 County. The Final SCHEDULE "I" will be based on final quantities of any additional 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 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: Address: Telephone: Fax: E -Mail: Allan Espinoza, Mn /DOT Metropolitan District Traffic Engineering, (or successor) 1500 County Road B2 West, Roseville, MN 55113 (651) 234 -7812 (651) 234 -7850 allan.espinoza @state.mn.us Mn/DOT Contract No: 04595 6.2. The County's Authorized Representative will be: Name /Title: Mark Krebsbach, Dakota County Engineer (or successor) Address: 14955 Galaxie Avenue West, Apple Valley, MN 55124 -8579 Telephone: (952) 891 -7100 Fax: (952) 891 -7127 6.3. The City's Authorized Representative will be: Name /Title: John Maazzitello, Mendota Heights City Engineer (or successor) Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Telephone: (651) 452 -1850 Fax: (651) 452 -8940 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, the County, 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 County and 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 County's and 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, 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 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 County, the City or the State. -5- Mn/DOT Contract No: 04595 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 County and City.. 14. Force Majeure No 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 intentionally left blank) CITY OF MENDOTA HEIGHTS By Date By Title Date /267/a aite-Ws direlcor Mn/DOT Contract No: 04595 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: By: Approved as to form: By: (County Engineer) Approved: By: Date: Mn/DOT Contract No: 04595 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (County Attorney) (State Design Engineer) (Physical Development Director) Date: COMMISSIONER OF ADMINISTRATION County Board Resolution No. Date: By: Date: (With delegated authority) INCLUDE COPY OF RESOLUTION APPROVING TIIE AGREEMENT AND AUTHORIZING ITS EXECUTION.