Imp. Proj. #647Originating Department I Approved for Agenda I Agenda Section
Finance /Admin.
Valerie Leone Item No.
By: City Clerk I Bar 6.9
RESOLUTION APPROVING CONSTRI16CTION COOPERATIVE AGREEMENT WITH
HENNEPIN COUNTY FOR 49' /WINNETKA AVENUE SIGNAL IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 647)
At the September 14, 1998, Council Meeting, the City Council expressed support for the
reconstruction of the existing traffic signals at Winnetka and 49`' Avenue. It is anticipated that the
new signals, with LED technology, will improve visibility and significantly reduce the accident
rate.
The total cost of the project is estimated at $139,732 with the City's portion being $26,906.
In order to proceed, the County is requesting approval of the agreement and assurance that the City
will enforce the prohibition of on- street parking during the construction period.
Consent
Staff recommends approval of the resolution.
�*
ffel
CITY OF NEW HOPE
RESOLUTION NO. 98 -149
RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR 49 AVENUE
SIGNAL IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 647)
WHEREAS, plans for Hennepin County Project No. 9508 showing proposed improvement of
County State Aid Highway 156 and 49' Avenue North, within the limits of the City
as a State Aid project, have been prepared and were presented to the New Hope City
Council on September 14, 1998; and
WHEREAS, the existing signal is approximately 21 years old and many elements do not met
current design standards; and
WHEREAS, upgrading the signal through usage of LED technology will significantly reduce the
accident rate at the intersection; and project costs will be paid by federal, county, and
city funds.
NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council approves the project and
the City agrees to provide the enforcement for the prohibition of on- street parking on
those portions of said Project No. 9508 within its corporate limits.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 28th day of
September, 1998.
—Zjoax-4
Mayor
Attest:
City Clerk
September 22, 1998
Mr. Daniel J. Donahue
City Of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
AGREEMENT NO. PW 44 -39 -97
HENNEPIN COUNTY PROJECT 9508
TRAFFIC CONTROL SIGNALS ON
CSAH 156 AT 49 AVENUE NORTH
Dear Mr. Donahue:
Submitted for approval are two copies of the above referenced agreement.
If the agreement is satisfactory, please have both copies signed by the appropriate officials and
return them to this office. Also, please return two certified copies of a resolution authorizing
these officials to sign the agreement. Upon completion of the remaining signatures by
Hennepin County officials, we will send you one fully executed copy for your files.
Also enclosed is a sample resolution approving the plans and providing enforcement for the
prohibition of on- street parking which must be approved by your council prior to receipt of
bids. It is my understanding that the resolution and the agreement will be considered for
approval at your City Council meeting of September 28, 1998. I would be happy to attend the
council meeting if you think it is necessary.
If you have any questions concerning the agreement, please call Harlan Hanson at 745 -7673.
BCC:mak
Enclosure
c: Mark Hanson
Transportation Department
1600 Prairie Drive Recycled Paper
Medina, MN 55340 -5421
(612) 745 -7500 PAX: (612) 478 -4000 TDD: (612) 852 -6760
December 7, 1998
NO 1
Mr. Daniel J. Donahue
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
AGREEMENT NO. PW 44 -39 -97
HENNEPIN COUNTY PROJECT 9508
TRAFFIC CONTROL SIGNALS ON
CSAH 156 AT 49 AVENUE NORTH
Dear Mr. Donahue:
1111"t Coun
An Equal Opportunity Employer
Submitted for your file is a fully executed copy of the above - referenced agreement.
Sincerely,
Y t
C.:Ca a
-&4' Bruce M. Polaczyk, P.E.
Design Engineer
BCC:mvr
Enclosure
Transportation Department
1600 Prairie Drive Recycled Paper
Medina, MN 55340 -5421
(612) 745 -7500 FAX: (612) 478 -4000 TDD: (612) 478 -4030
/ -� i a �.
Agreement No. PW 44 -39 -97
County Project No. 9508
County State Aid Highway No. 156
City of New Hope
County of Hennepin
THIS AGREEMENT, Made and entered into this �2 day of
19, by and between the County of Hennepin, a body politic
and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ",
and the City of New Hope, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "City ".
WITNESSETH:
WHEREAS, The County and the City, along with the Minnesota Department of
Transportation, hereinafter referred to as "Mn/DOT ", have been negotiating to bring about the
improvement of that portion of County State Aid Highway No. (CSAH) 156 at the intersection of
49 Avenue North, as shown on the County Engineer's plans for County Project No. 9508,
hereinafter referred to as the "Project ", which improvement contemplates and includes
installation of a new traffic signal system at said intersection, with emergency vehicle
preemption (EVP) system, and other related improvements; and
WHEREAS, The above described Project lies within the corporate limits of the City, and
WHEREAS, The County and Mn/DOT have prepared an Engineer's Estimate of quantities
and unit prices for the construction contract work and County supplied equipment for the above
described Project in the amount of One Hundred Twenty Thousand Four Hundred Dollars and
No Cents ($120,400.00). A copy of said estimate is attached hereto, marked Exhibit "A" and by
this reference made a part hereof; and
WHEREAS, The construction costs for said Project shall be comprised of federal funds,
municipal and county state aid funds; and
WHEREAS, The City has expressed willingness to participate in the construction and
operating costs of said traffic signal system; and
WHEREAS, To ensure compatibility with the County's existing network of traffic signal
systems the County will furnish the controller, control equipment and control cabinet to be
installed as a part of said Project; and
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
WHEREAS, It is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59.
0 a •
Mn/DOT and the County will advertise for bids for the work and construction of the
aforesaid Project, receive and open bids pursuant to said advertisement and Mn/DOT will enter
into a contract with the successful bidder at the unit prices specified in the bid of such bidder.
The contract will include the plans and specifications prepared by the County and approved by
Mn/DOT, also referenced and identified as S.P. No. 27- 756 -16.
M
The County will administer the contract and inspect the construction of the contract work
contemplated herewith. The City Engineer of New Hope and his designated representatives shall
have the right to make any inspections deemed necessary and shall cooperate with the County
Engineer and his staff at their request to the extent necessary, but will have no responsibility for
the supervision of the work.
The City agrees that the County may make minor changes in the plans or in the character
of said contract construction which are reasonably necessary to cause said construction to be in
all things performed and completed in a satisfactory manner. It is further agreed by the City that
the County, through Mn/DOT, may enter into any change orders or supplemental agreements
with the Contractor for the performance of any additional construction or construction
occasioned by any necessary, advantageous or desirable changes in plans, within the original
scope of the Project. Said changes may result in an increase or decrease to the City's cost
participation estimated herein.
The City shall have the right to review any changes to the plans and specifications as they
relate to its cost participation. The City Engineer shall have the right to approve any change
orders or supplemental agreements prepared by the County that affect the respective City's share
of the construction cost.
The City further agrees that it will participate in the settlement of any claims from the
Contractor that involve project delays attributable to delays in approval by the City for plan or
specification changes deemed necessary by the County Engineer or his staff. The amount of
participation by the City in any such claims shall be commensurate with the percentage of delay
directly attributable to its actions.
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
III
The City agrees to grant right of way to the County over those lands owned by the City
that are a part of the required right of way for said Project. Said right of way shall be granted at
no cost to the County.
In the event that additional right of way is needed during construction, the County or its
agents will acquire all additional right of way, permits and/or easements required for the
construction of said Project. The City shall reimburse the County for fifty (50) percent of the
final cost of all additional right of way, permits and/or easements required for the construction of
said Project, plus all costs incurred by the County in acquiring said right of way, permits and/or
easements.
The right of way costs incurred as described herein shall include all acquisition costs
including, but not limited to, any and all damages occurring to any person or persons, including
private utilities, in relocating or removing or adjusting main conduits or other structures located
in or upon the land taken and within the present right of way; or damage in procuring such right
of way, whether such damage is caused by the County or the City in the performance of such
contract with respect to the improvement of CSAH 156 as shown on the plans for said Project.
Damages, as used in this section, pertains to acquisition costs allowed by Minnesota
Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XVIII
of this Agreement.
IV
The City shall participate in the construction cost of the contract work for said Project as
set forth in the Division of Cost Summary in said Exhibit "A ". It is understood that the
Engineer's Estimate referred to on Page I of this Agreement is an estimate of the construction
cost for the contract work on said Project and that the unit prices set forth in the contract with the
successful bidder and the final quantities as measured by the County Engineer and designated
representatives shall govern in computing the total final contract construction cost for
apportioning the cost of said Project according to the provisions herein.
0
In addition to the City's proportionate share of the contract construction cost, the City also
agrees to pay to the County a sum equal to eighteen percent (18 %) of fifty percent (50 %) of the
total final contract construction cost for the Project. It is understood that said additional payment
by the City is its proportionate share of all engineering costs incurred by the County in
connection with the work performed for said Project.
3 /G�
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
M
The County will supply the traffic signal cabinet, controller and control equipment,,
including the emergency vehicle preemption (EVP) card, (County Supplied Equipment) for the
traffic control signal system installed for said Project. Therefore, in addition to the aforesaid
proportionate shares of contract construction and engineering costs the City also agrees to
reimburse the County for fifty (50) percent of the costs of the County Supplied Equipment. An
estimate of the City's share of County Supplied Equipment is incorporated into Exhibit "A ". It is
further agreed that said estimate of the costs of County Supplied Equipment is an estimate and
that the actual costs of equipment as determined by the County Engineer shall govern in
computing the total final apportionment of cost participation by the City in the County Supplied
Equipment.
The County will invoice the City separately for said County Supplied Equipment.
Payment shall be made to the County by City for the full amount due on said invoice within forty
five (45) days of the invoice date.
VII
Due to the use of federal funds on this Project, Mn/DOT will be establishing an Agency
Account to be used for payment of the contract construction costs for said Project. Funds
totaling one hundred (100) percent of the estimated Contract amount, based on the bid of the
lowest responsible bidder, must be deposited into said Agency Account prior to the award of the
construction contract.
It is understood by the parties hereto that upon opening and tabulating of the bids Mn/DOT
will automatically transfer funds from the County's and the City's respective state aid accounts
into said Agency Account. Said transfers will be in amounts equal to one hundred (100) percent
of the state aid eligible portion of each party's respective share of the contract construction costs
based on the estimated quantities for the Project at the time of award and the contract unit prices
contained in the lowest responsible bid received.
The previous provisions pertain only to those contract construction costs eligible for
Federal and State Aid funds; which are under the control of Mn/DOT. Therefore, it is further
understood and agreed that upon opening and tabulating the bids the County will invoice the City
for (a) one hundred (100) percent of any portion of the City's share of contract construction costs
which is either not eligible for Municipal State Aid (MSA) funding or for which the City may
choose to fund with means other than MSA and (b) one hundred (100) percent of the estimated
City's share in the engineering costs for the Project. Said estimated shares shall be based on
actual contract unit prices for estimated quantities shown in the plans. The City shall, within
- 4- 2`
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
forty five (45) days of said invoice, deposit with the Hennepin County Treasurer, funds totaling
the amount of the invoice.
In the event the County Engineer or his staff determines the need to amend the
construction contract with a supplemental agreement or change order which results in an increase
in the contract amount, the City hereby agrees to (a) allow the transfer of MSA funds into the
Agency Account for those changes eligible for and for which the City desires to use Municipal
State Aid funding, and/or (b) remit within forty five (45) days of notification by the County of
said contract change an amount equal to one hundred (100) percent of the estimated increase in
the City's shares for changes not eligible for MSA or for changes for which the City desires to
fund with any means other than MSA funds; both as documented in the supplemental agreement
or change order, and (c) remit within forty five (45) days of notification by the County an
additional amount equal to eighteen (18) percent of the estimated increase in the City's share to
cover additional contract administration costs incurred by the County for the additional work.
Upon the completion and acceptance of the work provided for in the construction contract
let by Mn/DOT and the preparation by Mn/DOT of a final estimate computing and determining
the amount due the contractor performing the work, the County shall determine and compute the
total amount due the County from the City as set forth hereunder, and based on the actual
contract unit prices and the final quantities as measured by the County Engineer and designated
representatives. The County shall apply on the payment thereof as much as may be necessary of
the aforesaid funds deposited by the City. If the amount found due from the City is less than the
amount of the funds deposited by the City, then, and in that event, the balance of said deposited-
funds shall be returned to the City without interest. If the amount found due from the City
exceeds said amount of funds deposited by the City, the City agrees to pay within forty-five (45)
days of invoice by the County the difference between said amount found due and said amount of
funds deposited
All payments to the County must be postmarked by the date due or a late penalty of one
(1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The
City shall pay the amount due as stated on the statement, notwithstanding any dispute of such
amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse
the disputed amount plus daily interest thereon calculated from the date such disputed amount
was received by the County. Daily interest shall be at the rate of one (1) percent per month on
the disputed amount.
V
All records kept by the City and the County and with respect to the Project shall be subject
to examination by the representatives of each party hereto.
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
0
It is agreed that the City shall, at its own expense, remove and replace all City owned signs
that are within the construction limits of said Projects. Removal and replacement operations
shall be coordinated with the construction activities through the County's Project Engineer.
M
The City agrees that any municipal license required to perform electrical work within the
City shall be issued to the Contractor or the County at no cost to the Contractor or the County.
Electrical inspection fees shall not be more than those established by the State Board of
Electricity in the most recently recorded Electrical Inspection Fee Schedule.
XIII
The City shall perpetuate the existence of an adequate three wire, 1201240 volt, single phase,
alternating current electrical power connection to the traffic control signals and integral street
lights included in the Project at the sole cost and expense of the City. Further, the City shall
provide the electrical energy for the operation of the said traffic control signals and integral street
lights at its sole cost and expense.
XIV
The City shall not revise by addition or deletion, nor alter or adjust any component, part,
sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall prohibit
prompt, prudent action by properly constituted authorities in situations where a part of such
traffic control signals may be directly involved in an emergency.
"
Upon completion of this Project, the County shall thereafter maintain and repair said traffic
control signal systems installed as a part of said Project, all at the sole cost and expense of the
County. Said maintenance shall include all EVP components. Further, the County, at its
expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles
for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and
the wire to the load side of the fuse in the base of the signal poles.
The EVP Systems provided for herein shall be installed, operated, maintained or removed
in accordance with the following conditions and requirements:
1. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
provide the County Engineer or his designated representative a list of all such vehicles
with emitter units.
2. Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the option of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation
continues after receipt by the City of written notice thereof from the County, the County
shall remove the EVP System. Upon removal of the EVP Systems pursuant to this
paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads,
indicator lamps and all other components shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
XVI
Each parry agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other parry and the
results thereof. The County's and the City's liability is governed by the provisions of Minnesota
Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self - insurance program.
It is understood and agreed that upon completion of any and all improvements proposed
herein, all street lighting, included in said improvement shall become the property of the City and
all maintenance, restoration, repair, replacement or other work or services required thereafter
shall be performed by the City at no expense to the County.
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers and employees, from any liabilities, claims, causes of action, judgments,
damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the City, its contractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable for related
to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined
City owned improvements constructed as part of said Project. The City's liability shall be
governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
XIX
It is further agreed that any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided for herein to be
performed by the City shall not be considered employees of the County, and that any and all
claims that may or might arise under the Minnesota Economic Security Law or the Workers'
Compensation Act of the State of Minnesota on behalf of said employees while so engaged and
any and all claims made by any third parties as a consequence of any act or omission on the part
of said employees while so engaged on any of the work or services provided to be rendered
herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the City, and that any and all claims that may or
might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of
the State of Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the City.
0
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City Engineer or his designated representative
shall manage this Agreement on behalf of the City and serve as liaison between the City and the
County.
D
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties hereto.
-8-
Agreement No. PW 44 -39 -97
CSAH 156; C.P. 9508
XXII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating
to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin
County shall be considered a part of this Agreement as though fully set forth herein.
(This space intentionally left blank)
9 A�x
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF NEW HOPE
(Seal) B r
Mayor
ATTEST:
By:
aL
De /Clerk of the County Board
Date:
I
Q
a � 9
By: A -
Chair of its County Board "
Date: /2 �3 :f
And:
Assis ty /County Admi ' ator
I N ;7
Service
and County Eng' r
Date: A ,
Director, Transportation Department
Date:
-10-
,w.T
DIVISION OF COST SUMMARY DATE: 5-27-98
REV. 9-15-98
COUNTY PROJECT NO. 9508
LOCATION: C.S.A.H. NO. 156 @ 49TH AVE. N.
HENNEPIN
NEW
COST FEDERAL COUNTY
HOPE
(80%) (10
(10%)
CONSTRUCTION COST $107,400 $85,920 $10,740
$10,740
COUNTY SUPPLIED EQUIPMENT $13,000 $0 $6,500
$6,500
(CONTROLLER & CABINET)
SUBTOTAL: $120,400 $85,920 $17,240
$17,240
ENGINEERING_iqOST_(18%) $19,332 $0 $9,666
$9,666
TOTAL: $139,732 $85,920 --- - $26,90 - 6 -
$26,906
BASED UPON 50 % OF THE TOTAL CONSTRUCTION COST IRRESPECTIVE OF FEDERAL
PARTICIPATION. HENNEPIN COUNTY WILL NOT BE REQUESTING FEDERAL REINBURSEMENT
OF ENGINEERING COSTS.
ENGINEERING COSTS ARE APPLIED TO THE CONSTRUCTION COSTS ONLY.
HENNEPIN COUNTY AGREEMENT NO. PW 44-39-97
EXHIBIT "A" SHEET I OF I
COPA9508
m
4401 Xylon Avenue North
New Hope, Minnesota 55428-4898
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss
CITY OF NEW HOPE
City Hall: 612-531-5100
Police: 612-531-5170
Public Works: 612-533-4823
TDD: 612-531-5109
City Hall Fax. 612-531-5136
Police Fax. 612-531-5174
Public Works Fax 612-533-7650
Fire Dept Fax: 612-531-5175
1, the undersigned, being the duly qualified City Clerk of the City of New Hope,
Minnesota, hereby attest and certify that:
1 As such officer, I have the legal custody of the original record from
which the attached resolution was transcribed.
2. 1 have carefully compared the attached resolution with the original
record of the meeting at which the resolution was acted upon.
3. 1 find the attached resolution to be a true, correct and complete copy of the
original:
RESOLUTION NO. 98-149
RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR 49 AVENUE
SIGNAL IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 647)
4. 1 further certify that the affirmative vote on said resolution was 4 ayes,
0 nayes, and 1 absent/abstention.
5. Said meeting was duly held, pursuant to call and notice thereof, as
required by law, and a quorum was present.
WITNESS my hand officially as such Clerk and the seal of said City, this 29th day of
September, 1998.
Valerie Leone, City Clerk
(Seal)
� I
Family Styled City For Family Living
CITY OF NEW HOPE
RESOLUTION NO 98 149
RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR 49 /WINNEKTA AVENUE
SIGNAL IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 647)
WHEREAS, plans for Hennepin County Project No. 9508 showing proposed improvement of
County State Aid Highway 156 and 49" Avenue North, within the limits of the City
as a State Aid project, have been prepared and were presented to the New Hope City
Council on September 14, 1998; and
WHEREAS, the existing signal is approximately 21 years old and many elements do not met
current design standards; and
WHEREAS, upgrading the signal through usage of LED technology will significantly reduce the
accident rate at the intersection; and project costs will be paid by federal, county, and
city funds.
NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council approves the project and
the City agrees to provide the enforcement for the prohibition of on- street parking on
those portions of said Project No. 9508 within its corporate limits.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 28th day of
September, 1998.
Mayor
Attest: lazex�
City Clerk