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IP #992Request for Action November 28, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Planning & Development Item Number 8.2 Agenda Title Resolution approving a cooperative construction agreement between the city of New Hope and the State of Minnesota Department of Transportation for replacement of the east traffic signals on 36th Avenue at TH 169 (improvement project No. 992). Requested Action Staff requests approval of a resolution approving an agreement between the city of New Hope and the State of Minnesota Department of Transportation (Mn/DOT). The agreement provides for an estimated lump sum payment of $130,669 for the construction costs to cooperatively replace the east traffic signals at TH 169 on 36th Avenue (improvement project No. 992). Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to improve infrastructure and/or the level of service to the public. Background In the spring of 2015 at a meeting with representatives of Mn/DOT, it was requested that the city cooperatively participate in an upgrade of the traffic control systems on 36th Avenue and Highway 169. As a result, the project was identified and $135,000 was placed in the city's 2017 CIP. Within the construction agreement, it is outlined that the project funding for the construction costs to cooperatively replace the east traffic signals at TH 169 on 36th Avenue is covered 50% by the state, with a 50% share from the city of New Hope. Additionally, the city is responsible for the cost of painting the system, and 8% indirect costs. Therefore, the total cost estimate for the city's share is $130,669.21. As outlined in the agreement, 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 and Interconnect. The city will maintain the signal pole mounted LED luminaires and the signal system LED indications replacing when necessary. The city is responsible to clean and paint the signal system and luminaire mast arm extensions in accordance with MnDOT standard specifications, clean the controller cabinet and service cabinet exteriors. This system will have a left turn on blinking yellow installed as part of the system upgrade and will provide a safer pedestrian crossing. The painted crosswalks will be relocated to cross 36th east of the intersection rather than the current location on the west of the intersection. Stantec has reviewed the design and has no issues as presented. I:\RFA\PUBW0RKS\2016\992 2017 MNDOT TH169-36th Ave Signal Replacement agreement Funding Street Infrastructure Fund Attachments • Resolution • Engineer memorandum • Construction Agreement • Map exhibit I:\RFA\PUBWORKS\2016\992 2017 MNDOT TH169-36th Ave Signal Replacement agreement City of New Hope Resolution No. 16 — 138 Resolution approving a cooperative construction agreement between the city of New Hope and the State of Minnesota Department of Transportation for replacement of the east traffic signals on 36th Avenue at TH 169 (improvement project No. 992). WHEREAS, the state wishes to cooperatively replace traffic signals within the city limits at 36th Avenue east of Trunk Highway No. 169; and, WHEREAS, the state requests the city participate in the costs of the traffic signal system and the city agrees to participate in the cost of said construction with a lump sum amount estimated at $130,669.21 and, WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements with and cooperate with any government authority for the purpose of constructing, maintaining, and improving the trunk highway system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: That the City of New Hope enter into Mn/DOT Agreement No. 1026703 with the State of Minnesota, Department of Transportation for the following purposes: 2. 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 Trunk Highway No. 169 at 36th Avenue N. East Ramps within the corporate City limits under State Project No. 2772-97 (T.H. 169=005). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28th day of November, 2016. Mayor Attest: City Clerk I:\RFA\PUBWORKS\2016\992 2017 MNDOT TH169-36th Ave Signal Replacement agreement Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 r Tel: (651 ) 636-4600 (`J� a J�p��� Fax: (651) 636-1311 November 22, 2016 File: 193803455 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Traffic Signal Replacement- 361h Avenue North and TH-169 - Plan Review Dear Bob, As requested, we have reviewed the traffic signal replacement plans as submitted by MnDOT for the 36th Avenue North and Trunk Highway 169, east ramp. The plans are acceptable as proposed. Not only are the signals being replaced, but there are pedestrian improvements proposed as well. One noteworthy proposed design change is the pedestrian crossing across 36th Avenue North is being relocated to the east side of this intersection. The changes proposed with the new crossing location, new pedestrian ramps, and push button stations will improve the pedestrian movements at this intersection. If you have any questions or require further information please call me at (651) 604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Cc: Kirk McDonald, Valerie Leone, Bernie Weber, Shawn Markham, John Blasiak - New Hope; Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec Design with community in mind MnDO r Contract No: _1026703 STATE OF MINNESOTA DEPARTANIENT OF TRANSPORTATION And CITY OF NEW HOPE TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): Trunk Highway Number (T.H.): t� Signal S) stem ID: 2772-97 1.69= 005 1735714 (formerly. 21512) Estimated Amount Receivable S130,669.21. This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of New Hope acting through its City Council ("City"), I Recitals l. The State Aill remove the existing Traffic Control Si -nal and install a new Traffic Control Sqrnal with Signal Pole Mounted.I.E.13 Luminaires and Signing ("Signal Systern"), on Trunk flighwa} No. 169 at 316b Avenue N. East Ramps; and install Fiber-optic Interconnect on 36" Avenue from "Trunk Hi -Br ay No. 169 Last Ramps to Trunk. Highway No. 169 West Ramps in the City of New Hope, Hennepin County. Minnesota, according to State -prepared Plan, specifications and special prof isions designated by the State as State Project No. 2772- 97 (T.H. 169 = 005)("Project"); and 2, The State will install an Emergency Vehicle Pre-emption System ("EVP System") and American Disabilities Administration (ADA) items as part of the ne,;k. Signal System; and 3. The State will furnish ati Ticcontr( traffic -)I sinal cabinet and controller ("State Furnish Materials"), according to the Project Plan, to operate the Sig . gnal System coy erQd under this Agreement; and 4. '1 he City wishes to participate in. the costs of the Signal System, EVP System, Interconnect, State Furnished Materials. ADA items and associated construction enQineeria2, and 5. The City and the State will participate in the power, operation and maintenance of the new Signal Systern. EVP System and. Interconnect. 6. Minnesota Statutes § 161.20, subdivision 2 authorizes th:: Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving, the trunk highvvay system. 1 111 - Agreement 1. Term of Agreement; Survival of Terms; Plan I.I. Effective elate. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 160.05, subdivision 2. 1.2. E.,,piration date. This Agreement will expire when all obligations have been satisfactorily fid -filled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and Nv-hich 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. Goy erring .Law; Jurisdiction; Venue; and. 14. Force :Majeure. The terms and conditions set forth in Article 3. Signal Systern, EVP System and Interconnect - Power, Operation'and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. -I- MnDOT Contract No: 1026703 1.4. Plan, Specifcatlons, Special Provisions. The Plan, specifications and special provisions designated by the State as State Project No. 2772-97 (T.H. 1.69 = 005) are on file in the office of the Commissioner of Transportation at St—Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plan") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. ContractAward. The State will advertise for bids ail award a construction contract to the lowest responsible bidder according to the Project Plan. 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 Plan. 2.3. Plan Clrann cs, Additional Construction, Etc. A. The State will make changes in the Project Plan and contract construction, which may include the City 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 official of any proposed addenda, chance orders and supplemental agreements to the construction contract that will affect the City participation construction covered tinder this Agreement. R. The City may request additional work or changes to the work in the Plan 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 Stare 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. Sinal System, EVP System, Interconnect, Power, Operation and Maintenance Power, operation and maintenance responsibilities will be as follows for the Signal System. and EVP System on Trunk Highway No. .I 69 at 36" .Avenue N. East Ramps and for the Interconnect on 3601.1tvenue from Trunk Highway No. 169 East Ramps to Trunk Highway No. 169 West Ramps. 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 alt monthly electrical service expenses necessary to operate the Signal System, EVP System and Interconnect. B. Minor Signal Sy=stent Maintenance, The City will provide for the following at its own cost. 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 AASHT0 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, 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. -2- N-4nDOT Contract'No: 1026703 iv. Clean and paint the Signal System and luminaire rnastann extensions. Fainting will be in accordance with VnDOT Standard Specification 25653T, unless approved by the State's District Traffic Engineer. I 3.2. State Responsibilities A. Interconnect, OtherAfaintenance and Thningg. The State will maintain the, Interconnect and sinning, and perform all other Signal System and signal pole luminaire circuit maintenance without cost to the City, All Signal System timing will be determined by the State and no clianees 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 follow, in- conditions and requirements: i. All maintenance of the EVP System must be done b, ,i,, State forces, ii. Emitter units may be installed only on authorized. emergency x ehicles, as defined iii Minnesota Statutes § 169.011. Subdivision 3. Authorized emergency vehicles may use emitter units only %N hen responding to an emergency. Engineer I gency. The City will provide the State's District Engi eer or their designated representative a list of all vehicles with emitter uniLz,, if requested by the State. iii. Malfunction of the EVP System must be reported to the State iinmcdiatly, 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 Sy stem pursuant to this Paragraph, all of its parts and components become the property` of the State, v. All timing of the EVP Sysfemwill be determined by the State. 3.3. Aigght of 4"ay Access. Each party authorizes the other party to enter UPOD their respective public right of way to perform the maintenance actin ities described in this Ag7eeinent. 4. Basis of City Cost 4.1. SCHEDULE "I". The Preliminary SC14EDULE "I" includes all anticipated City participation construction I items, State Furnished Materials Lump suin amounts and the construction engineering cost share covered tinder this Agreerii;:jit, 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, FVP System, Interzonne.-t- State Furnished Materials and. ADA items on Trunk Highway No. 169 at 36"' Avenue N. East Ramps. 13. 100 Percent for painting of the Signal System on Trunk Highway No. 169 at 36tk Avenue 'N.. East Ramps. 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of - the total City participation construction covered tinder this Agreement. 4. 4. Plan Chanties, Additional Construction, Etc. The City will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the Cir) participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the ri(rht to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders and Supplemental agreements, and associated construction engineering before the completion of the contract construction. C� -3- MnDOT ContractNo: 1026703 �. City Cost and Payment by the City 5.1. City Cosi. $130.669.2.1 is the City's estimated share of the costs of tie contract construction, State Furnished Materials and the & 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 sura costs. Upon award of the construction contract, the State will prepare a Revised SCHEDULE "I" bas;,d on construction contract unit prices, N�hich will replace and supersede the Preliminary SCHEDULE "I" as part of this agreement. 5.2. Conditions ofPayinezzt. The City will pay the State the full and complete lump stun 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 r1Ill 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 Payzfzerzt, Additional City Requested [York Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has be, -,n 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 SCHEDUI.E "I" will be based on final quantities of any additional City requested participation construction items and the construction entrineet-mg 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. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or dQmand required or perrnittod by this ,Agreement. 6.1.. The State's Authorized Representative will be: Name/'Title: Allan. Espinoza, MnDOT Metropolitan District Traffic Enginecrin4, (or successor) Address: 1500 County Road. B2 Wes+, Roseville, MN 55113 Telephone: (651) 234-7812 E -Mail: all an.espinozaJ�state.nul.us 6.2. The City's Authorized Representative will be: Name/Title: Robert Paschke, New Hope Director of Public Works (or successor) Address: 5500 International Parkway; New Dope, MIN, 55428 Telephore: (763) 592-6766 E -Mail: bpaselzk.e Jci.nevv-hope.n:.tn.us 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. _q_ MnDO r Contract No: 1026703 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not Nn sive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prier and agn:ertents b tw -th0 State and the City. No other understanding rcaarding this AgTeement, 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 tine results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. INfinnesota Statutes § 1736 and other applicable law crIovern. liability of the State. NAlit-,mesota Statutes Chapter 466 and other applicable lank govern liability of the City. 8.2. Each party is responsible for its own. eMplOVeeS for any clairris arising Under the Workers Compensation Act. 9. Nondiscrimination Provisions of NfinneSOLa Statutes § 18 1.59 and of any applicable law relating to ciN it 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 Agreimient are subject to eN.irninatiort by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimuni of six years from the end of this AgN-ement. 0� 11. GoN ernment Data Practices The City and State.-nust comply with the Minnesota GoN ernment Data Practices -Act, Minnesota Statutes Chapter 13, as it applies to all data pro,, ided under this Agreement, and a+ it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City tinder this Agreenient. The civil remedies of Minnesota Statutes § 1.1.08 apply to the release of the data relrerr.A to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue t� Minnesota 1mv governs the validity, interpretation and enforcement of this Apreernenr. Venue for _-11 loyal proceedin­; arising out of this Agreement, or its br„ach. Must be in the appropriate state or federal court with competent jurisdiction in Ramsey Comity, Minnesota. 13. Termination; Suspension 13.1. By 3futualAgreenient. agreement Tbis Agreement may be terminated by mutual of the parties. I 13.2. Termination for InsufJ11cientFunding. The State may immediately terinmate this Agreement if it does not 0 obtain funding from the Minnesota Legislature, or other funding - source; or if funding cannot be continued at -1 a level sufficient to allow for the performance of ::ontractt construction under the Project. Termination must be by written or fax notice to the Cit), 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agree.incnt and all « ork, activities and perfon-nance of work authoriz -A throuch this Agreement. Z" 1.4. Force Majeure Neither party will be responsible to the oth-tr for a failure to perforin under this A'(,,reei-nent (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 partv's reasonable contTol, includino but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of," ar or terrorism, or public health emergencies. -5- CITE' OF NEW HOPE The undersimned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions. resalutions or ordinances. MnDOT Contract No: 1026'703 DEPARTITIENT OF TRANSPORTATION Recommended for Approval.- By: pproval:By: By: Date: Title: Approved: Date: BY: .By: Date: Title: Date: (District Engineer) (State Design Engineer) COMMISSION -ER OF AD!VIIISISTId-MON By. Date: (With delegated authority) DNCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTIIORIZLNG ITS EXECUTION. -6- 11 C-4 os, th, z Z -E,-t ig CO I f + � ow 17- C'4 ,RN to,) kn 0 00 le zj= C/5 CA C, 0. C-) Cl- C) V', C-- ell�o kr, M 00 ©Ir, "o W) C- CI, O C-- C -I C-- f-- 0 r_- C) 0 V'), v): kn o C) C=) C) 1= 0 0:0 o G ol vo In kn ell cc jra 00 IiI kn ... ...... . ... ... ........... C75 rr, V, E E E U, V� I 03 lu E > p E E cn v^ cc C-1 or, m C= 0 I �n ot W, 10 10 un In -C r. L--Zj CA o� 'ALL fs 0. K cE 16 ILL ' JJ 11 11 11 �� 1\ � 11 \1 11 =� 11 J 11 I I I I I I I _ II it II 69T ILL 8N II If II II 691 IU US II I I II it I I fl I 11 w 11 1 fl o 11 "� 1, rl ms N X300 ma�ay`s- �sa dA -9 B I g for - 69f 'Ml N Z Oo m i r Vl''� CL a o _ z a N z �H H; 13 I I I T IFS ------------I I o � Ngo -Ing rBf XcO ANEW�� i o� g for - 69f 'Ml N Z Oo m i r Vl''� CL o _ z a N z 13 I I I T IFS ------------I I o � IN I I I I I I ! u I 'B'3 00+61'V15'N'3AV H19f WIH01VW for - 69f 'Ml N Z Oo m i r Vl''� CL o _ z a N z Z w t�. MnDOT Contract No: 1026703 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF NEW HOPE TRAFFIC CONTROL SIGNAL AGREEMENT State .Project Number (S.P.): Trunk Highway Number (T.H.): Signal System ID: 25 2772-97 169= 005 1735714 (formerly 21512) Estimated Amount Receivable $130,669.21 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of New Hope acting through its City Council ("City"). Recitals The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal Pole Mounted LED Luminaires and Signing ("Signal System"), on Trunk Highway No. 169 at 36`b Avenue N. East Ramps; and install Fiber-optic Interconnect on 361 Avenue from Trunk Highway No. 169 East Ramps to Trunk Highway No. 169 West Ramps in the City of New Hope, Hennepin County, Minnesota, according to State -prepared Plan, specifications and special provisions designated by the State as State Project No. 2772- 97 (T.H. 169 = 005)("Project"); and 2. The State will install an Emergency Vehicle Pre-emption System ("EVP System") and American Disabilities Administration (ADA) items as part of the new Signal System; and 3. The State will furnish a traffic control signal cabinet and controller ("State Furnished Materials"), according to the Project Plan, to operate the Signal System covered under this Agreement; and 4. The City wishes to participate in the costs of the Signal System, EVP System, Interconnect, State Furnished Materials, ADA items and associated construction engineering; and 5. The City and the State will participate in the power, operation and maintenance of the new Signal System, EVP System and Interconnect. 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; Plan 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, EVP System and Interconnect - Power, Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 90 MnDOT Contract No: 1026703 1.4. Plan, Specifications, Special Provisions. The Plan, specifications and special provisions designated by the State as State Project No. 27721.97 (T.H. 169 = 005) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plan") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 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 Plan. 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 Plan. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plan and contract construction, which may include the City 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 official of any proposed addenda, change orders and supplemental agreements 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 Plan 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, Interconnect, Power, Operation and Maintenance 25 Power, operation and maintenance responsibilities will be as follows for the Signal System and EVP System on Trunk Highway No. 169 at 36ti' Avenue N. East Ramps and for the Interconnect on 36' Avenue from Trunk Highway No. 169 East Ramps to Trunk Highway No. 169 West Ramps. 3.1. City Responsihilities 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 Interconnect. B. Minor Signal System Maintenance. The City will provide for the following at its own cost. 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 lifeper the MnDOT Traffic Engineering Manual, 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. -2- MnDOT Contract No: 1026703 iv. Clean and paint the Signal System and luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer. 3.2. State Responsibilities A. Interconnect, Other Maintenance and Timing. The State will maintain the Interconnect and signing, and perform all other Signal System 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. 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, EVP System, Interconnect, State Furnished Materials and ADA items on Trunk Highway No. 169 at 36' Avenue N. East Ramps. B. 100 Percent for painting of the Signal System on Trunk Highway No. 169 at 36th Avenue N. East Ramps. 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, change orders and supplemental agreements that are necessary to complete 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, constriction contract addenda, change orders and supplemental agreements, and associated construction engineering before the completion of the contract construction. MnDOT Contract No: 1026703 5. City Cost and Payment by the City 5.1. City Cost. $130,669.21 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 ..L. 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 2.3.13 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. 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, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7812 E -Mail: allan.espinoza@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Robert Paschke, New Hope Director of Public Works (or successor) Address: 5500 International Parkway, New Hope, MN 55428 Telephone: (763) 592-6766 E -Mail: bpaschke@ci.new-hope.mn.us 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. -4- MnDOT Contract No: 1026703 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. 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. 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. 511 CITY OF NEW HOPE 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. Ey'c�Gl2� Title:ILI 1�L Date: f ,By: NA4 Title: (�.t`¢ Mv'raq w Date: 11--'�q-.1 MnDOT Contract No: 1026703 DEPARTMENT OF TRANSPORTATION Recommended for Approval: (District Engineer) Date: Approved: .` T By: + Uyl � it _ vtate Design Engineer) Date: I Z0{ COMVIISSIONER OF ADiMINISTI2AT.ION j By: Wraith_ delegated authont�y) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. City of New Hope Resolution No. 16 - 138 Resolution approving a cooperative construction agreement between the city of New Hope and the State of Minnesota Department of Transportation for replacement of the east traffic signals on 36th Avenue at TH 169 (improvement project No. 992). WHEREAS, the state wishes to cooperatively replace traffic signals within the city limits at 36th Avenue east of Trunk Highway No. 169; and, WHEREAS, the state requests the city participate in the costs of the traffic signal system and the city agrees to participate in the cost of said construction with a lump sum amount estimated at $130,669.21 and, WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements with and cooperate with any government authority for the purpose of constructing, maintaining, and improving the trunk highway system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the City of New Hope enter into Mn/DOT Agreement No. 1026703 with the State of Minnesota, Department of Transportation for the following purposes: 2. 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 Trunk Highway No. 169 at 36th Avenue N. East Ramps within the corporate City limits under State Project No. 2772-97 (T.H. 169=005). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28th day of November, 2016. Mayor Attest: City Clerk I:\RFA\PUBW0RKS\2016\992 2017 MNDOT TH169-36th Ave Signal Replacement agreement R R Q tMi O N O Cli N N O V') ON 00 00 N O S 00 h �:O .O, O\ C- C•1 �D V Ucn m � N � M 44 vs 609 'N 60) o � �w U el °'�\\\\� \° o N��C.!OOoo� o V L 0 0 0 0 O . R a h to h h •, h a en v,Oo0O c� CA �oo000 W) z O,O A- w V N �D m O cr W) F L Q R .� -+ 464 C14 69 — 69 b9 kn 69 R �^ 69 O CA 0-4 O a 0 0 O E cz F:.I Fz+ O W 1�0 z H L7 U a "' U �1 o y � d a P' ►�W W 171 o i. p a z aEi �, w o R (3 �•7 C% y z V] a co 3 U o a O cYa . C M _ O I O .. � a1 O 3 nIre rn z C a5 .14f'+ �-' rn O •O p W 00 G p vi ar �n a A ^ o cn F? O E N w O p U y N N co N U 0 U o E- a 4 r V] E- U] R R Q A 'O 3 r 0 0 0 0 0 0 0 0 0 0 r- 0 Q 0 0 O ke) 0 kn �G et C N C tri O 4 M N 0 �.O F 00 [- M kn O O Wn O OC N �.O 110 �o O 110 to O �. [- O to Wn h M N N C, 4 vi vi O to U 6s �0000000000 ...a � � W o 0 0 0 0 0 0 0 o h o U W M O N tn tn N w r- 40 40C> C> -- �O 0 to O M Oi in O 00 w F [� N M ON l- r. ~ N N 69 69 a F � � a o• .� a• .� a -I � a^ a• o 0 I � � N Er N �iir y O v3 �0 o G U U a 3 U x N O O �0QccarLr1 UUFU -+ .r M N ' N N ►+ O O to Z C14 r1l N N NN N N NNM A 'O 3 3 to, 10--.A December 2, 2016 Mr. Allan Espinoza MnDOT Metropolitan District Traffic Engineering Waters Edge Building, 2nd Floor South 1500 West County Road B-2 Roseville, MN 55113-3105 Subject: Trunk Highway No. 169 at 361h Avenue North, East Ramps S.P. 2772-97 (T.H. 169=005) Traffic Control Signal Cost and Maintenance Agreement No. 1026703 Enclosed are two copies of the fore -mentioned agreement approved by the City of New Hope. Attached to the agreements are copies of the resolution adopted by the City Council. Please return a fully executed agreement to my attention. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Robert Paschke, Director of Public Works Kirk McDonald, City Manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Leone Valerie Gl-'� From: McDonald Kirk Sent: Monday, October 03, 2016 10:57 AM To: 'allan.espinoza@state.mn.us' Cc: Paschke Bob; Weber Bernie; Markham Shawn; Leone Valerie Subject: RE: Online Form: S.P. 2772-97 The agreement would be processed by Public Works, either Bob Paschke the Director, or the operations manager or contract manager, both listed below, along with the city clerk. The agreement will need to be approved by the City Council. Kirk McDonald City Manager City of New Hope 763-531-5112 kmcdonald@ci.new-hope.mn.us -----Original Message ----- From: allan.espinoza@state.mn.us[mailto:allan.espinoza@state.mn.us] Sent: Monday, October 03, 2016 10:51 AM To: McDonald Kirk <kmcdonald@ci.new-hope.mn.us> Subject: Online Form: S.P. 2772-97 108.171.131.160 Allan Espinoza I am preparing a signal cost and maintenance agreement for T.H. 169 at 36th Avenue N. East Ramps. Will you be processing it? MnDOT is driving this project. Please reply to my e-mail that you received this message. Thanks ��pNE3pp9 9 � a o� Q Nr OF TRPN6 Minnesota Department of Transportation Page 1 of 2 Metropolitan Division Traffic Engineering Allan Espinoza Phone #: (651) 234-7812 Waters Edge Building, 2nd Floor South Fax #: (651) 234-7609 1500 West County Road B-2 Roseville, Minnesota 55113-3105 Date: November 14, 2016 To: Robert Paschke, New Hope Director of Public Works 5500 International Parkway, New Hope, MN 55428 (763) 592-6766 From: Allan Espinoza Subject: Trunk Highway No. 169 at 36th Avenue N, East Ramps S.P. 2772-97 (T.H. 169 = 005) Traffic Control Signal Cost and Maintenance Agreement Agreement No. 1026703 Dear Mr. Paschke, Enclosed please find two (2) original copies of a proposed agreement with the City of New Hope and the State. This cost participation agreement also provides for power, operation, and maintenance responsibilities for the new signal on Trunk Highway No. 169 at 36th Avenue N, East Ramps in the City of New Hope, Hennepin County, Minnesota. Please present this agreement to the City Council for its approval and execution, which includes original signatures of the City Council authorized City officers on both copies of the agreement. Also required are two (2) original copies of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is attached to each agreement. Also enclosed, please find a double -sided copy of the agreement for your records. It is requested that the executed agreements and resolutions (two wet signed originals of each) be forwarded to me as soon as possible. A copy will be returned to the City when fully executed. If you have any questions, please call me. Respectfully, Allan Espinoza Metropolitan District Traffic Engineering An Equal Opportunity Employer 0 0 0 0 0 4 a 0 Page 2 of 2 April Crockett, WE* Chad Ericson, WE* Ron Rauchle, WE* Cindy Krumseig, WE* Maryanne Kelly-Sonnek, CO* Robert Rucker, CO* Andrew Lutaya, WE* Greg Kern, WE* Mike Gerbensky, WE* Lanette Zaiger, CO* Linda Heath, MESU* James Dean, CESU* District File, Control Section 42772 * = Electronic Copy An Equal Opportunity Employer E) 0547* 0 0 0 (5) 0 DEPARTMENT OF TRANSPORTATION Date: April 16, 2018 Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Coop. Const. Agree. No. 1026703 Office of Project Management and Technical Support Cooperative Agreements Unit, Mail Stop 682 A j, 395 John Ireland Blvd., St. Paul, MN 55155 Office Telephone: (651) 366-4634 City of New Hope S.P. 2772-97 (T.H. 169=005) Signal System ID 1735714 (formerly 21512) City cost for Traffic Control Signal construction by the State on T.H. 169 Dear Mr. Weber: Enclosed is a copy of our final cost schedule for the above referenced agreement. The costs have been extracted from Final Contract Voucher No. 3 for MnDOT Contract No. 170024. A comparison of costs for this agreement is as follows: Preliminary Estimate $130,669.21 Revised Estimate $140,577.80 Final $140,577.80 According to our information, the City has paid $140,577.80 to the State. All balances have been paid in full and the State will be closing this agreement out in the near future. If you have questions or need further information, feel free to call me. Sincerely, i?Y1,ti.�1f/ M ne Kelly -Son ek Cooperative Agreements Engineer An equal opportunity employer cc: Mike Kowski * Mike Gerbensky *. MN—DOT—AR—Agreements Greg Kern Dan Penn File * Electronic Copy MKS:NJM An equal opportunity employer 3 DEPARTMENT OF TRANSPORTATION Date: April 27, 2017 Robert Paschke Director of Public Works 5500 International Parkway New Hope, PON 55428 RE: Traffic Control Signal Agree. No. 1026703 City of New Hope S.P. 2772-97 (T.H. 169=005) City cost for Traffic Control Signal construction by the State on T.H. 169 Dear Mr. Paschke: District Office Mail Stop Address, City, State Zip Code Office Telephone: (xxx) xxx-xxxx 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, Emergency Vehicle Pre-emption System, Interconnect, State furnished materials, and ADA construction. 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 $130,669.21 to the revised amount of $140,577.80 An invoice in the amount of $140,577.80 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, Maryanne Kelly-Sonnek orce Municipal Agreements Engineer Enclosures An equal opportunity employer i --� vi �n v1 �O ••• 00 06 O M N 'd' M h Q\ M �.o r N 00 •--� 69 M •- �t b9 S4 G G O 'O O O Q � ¢ C C G py y z y IOUs A "8 21 5�U z w b � • � F" vs ai _ b 000 cn CION r�OU 9 §�� :� U w G N N V G +' bA , as a) c wA m o'c G cW`2 c CA viCZCZ¢UE-4 ¢ p � 3 z p > � N U O N � O CA H it i i, i{I ,�;I � ;I(I ;;;, I�flif;�jl �fii I !I 'I;I, i II 1;��;1�►1ii ��, ;; li:l� I I i cn en r- c "-! 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