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Res 2018-58 Traffic Control Signal at 694 and ERRRESOLUTION NO. 2018 - 58 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR REPLACEMENT OF THE EXISTING TRAFFIC CONTROL SIGNAL AT INTERSTATE 694 AND EAST RIVER ROAD WHEREAS, on February 16, 1970, the City of Fridley passed Resolution No. 25 approving an agreement with the Minnesota Highway Department to for construction and maintenance of a new traffic control signal system at Interstate 694 and East River Road, and WHEREAS, on November 14, 1977, the City of Fridley passed a resolution approving an agreement with the Minnesota Highway Department and Anoka County for reconstruction of the traffic control signal system and to install ramp control signals at Interstate 694 and East River Road, and WHEREAS, subsequent resolutions by the City of Fridley approved agreements for signal interconnection and Emergency Vehicle Pre-emption System (EVP System), and WHEREAS, the State of Minnesota Department of Transportation (MNDOT) has determined that there is justification and it is in the public's best interest to remove the existing traffic control signal system and install a new traffic control signal system including a new EVP system and ADA upgrades, and WHEREAS, the City of Fridley has requested and MNDOT agrees to the installation of an Emergency Vehicle Pre-emption System and requested ADA upgrades, and WHEREAS, MNDOT has included this project in the 2019 State Transportation Improvement Plan (STIP), NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: That the City of Fridley enter into the attached MnDOT Agreement No. 10131839 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment of an estimated S 18,805.50 by the City to the State of the City's share of the costs of the Traffic Control Signals construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 694 ramps at County State Aid Highway (C.S.A.H.) No. 1 (East River Road) within the corporate City limits under State Project No. 0285-67, State Aid Project No. 002-601-052, and State Aid Project No. 027-020-032 (T.H.694=393) IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER, 2018. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK MnDOT Contract No: 1031839 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF FRIDLEY And ANOKA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): 0285-67 Trunk Highway Number (T.H.): 694=393 State Aid Project Number (S.A.P.): 002-601-052 State Aid Project Number (S.A.P.): 027-020-032 Signal System "A" ID: 2397011 Signal System "B" ID: 2397012 City: Total Obligation County: Total Obligation $18,805.50 $232,321.50 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Fridley acting through its City Council ("City") and Anoka County acting through its Board of Commissioners ("County"). Recitals The State will remove the existing traffic control signals and install new traffic control signals with signal pole mounted luminaires and signing ("Signal Systems"), on Trunk Highway (T.H.) No. 694 south ramps at County State Aid Highway (C.S.A.H.) No. 1 (East River Road), on Trunk Highway (T.H.) No. 694 north ramps at County State Aid Highway (C.S.A.H.) No. 1 (East River Road), and install Interconnect along County State Aid Highway (C.S.A.H.) No. 1 (East River Road) from Trunk Highway (T.H.) No. 694 south ramps to Trunk Highway (T.H.) No. 694 north ramps in the City of Fridley, Anoka County, Minnesota, according to State -prepared plans, specifications and special provisions designated by the State as State Project No. 0285-67, State Aid Project No. 002-601-052, and State Aid Project No. 027-020-032 (T.H. 694=393) ("Project"); and 2. The State will install Emergency Vehicle Pre-emption Systems ("EVP Systems") as part of the new Signal Systems; and 3. The State will furnish a cabinet and controller ("State Furnished Materials"), according to the Project Plans, to operate the Signal Systems covered under this Agreement; and 4. The City and County wish to participate in the costs of the Signal Systems, EVP Systems and Interconnect construction, State Furnished Materials lump sum amounts and associated construction engineering; and 5. The City, County and the State will participate in the operation and maintenance of the new Signal Systems, EVP Systems and Interconnect; and 6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. -1- MnDOT Contract No: 1031839 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 Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another agreement between the parties. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 0285-67, State Aid Project No. 002-601-052, and State Aid Project No. 027-020-032 (T.H. 694=393) 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 City Engineer and County Engineer and attached and incorporated into this Agreement. 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 County participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda and change orders to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City 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 letters with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on T.H. 694 south ramps at C.S.A.H. 1 (East River Road) (Signal System "A"), and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road) (Signal System "B"), and for the Interconnect along C.S.A.H. 1 (East River Road) from T.H. 694 south ramps to T.H. 694 north 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 pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. -2- MnDOT Contract No: 1031839 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 Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean the Signal Systems and luminaire mast arm extensions. 3.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System and signal pole luminaire circuit maintenance without cost to the City or County. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City or County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City or County receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 3.3. Right -of -Way Access. Each party authorizes the other parties to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 58832, dated December 9, 1977, between the parties, for the intersection of T.H. 694 north and south ramps at C.S.A.H. 1 (East River Road). 4. Basis of City and County Cost 4.1. Schedule 'T'. The Preliminary Schedule "I" includes all anticipated City and 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. City and County Participation Construction. The City and County will participate in the following at the percentages indicated. A. Signal Systems, Interconnect and State Furnished Materials on T.H. 694 south ramps at C.S.A.H. 1 (East River Road) (Signal System "A") and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road) (Signal System "B"). i. 50 Percent will be the County's rate of cost participation. -3- MnDOT Contract No: 1031839 B. EVP Systems on T.H. 694 south ramps at C.S.A.H. 1 (East River Road) (Signal System "A") and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road) (Signal System "B"). i. 50 Percent will be the City's rate of cost participation. C. ADA improvements on T.H. 694 south ramps at C.S.A.H. 1 (East River Road) (Signal System "A") and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road) (Signal System "B"). i. 25 Percent will be the City's rate of cost participation. ii. 25 Percent will be the County's rate of cost participation. 4.3. Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc. The City and County, respectively, will share in the costs of construction contract addenda and change orders that are necessary to complete the respective City or County participation construction covered under this Agreement, including any City or County requested additional work and plan changes. The State reserves the right to invoice the City or County for the cost of any additional City or County requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction. 5. City and County Cost and Payment 5.1. City and County Cost. $18,805.50 is the City's estimated share and $232,321.50 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 ofPayment. The City and County will pay the State their respective full and complete lump sum amounts, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised Schedule "I". B. The City and County's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City and County's Cost and Completed Construction. The computation by the State of the amount due from the City and County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. in MnDOT Contract No: 1031839 5.4. Final Payment, Additional City and County 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 or County. The Final Schedule "I" will be based on final quantities of any additional City or 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 City or County will be final, binding and conclusive. The State, City and County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Greg Kern, MNDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7877 E -Mail: gregory.kern@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Jim Kosluchar, City Engineer (or successor) Address: 6431 University Ave. NE, Fridley, MN 55432 Telephone: (763) 572-3550 E -Mail: koslucharj@ci.fridley.mn.us 6.3. The County's Authorized Representative will be: Name/Title: Doug Fischer, Anoka County Engineer (or successor) Address: 1440 Bunker Lake Blvd. NW, Andover, MN 55304 Telephone: (763) 324-3103 E -Mail: doug.fischer@co.anoka.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, City and County. No other understanding regarding this Agreement, whether written or oral, may be used to bind the parties. -5- MnDOT Contract No: 1031839 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 and County. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City and County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices 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 and County under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by the City, County or 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 and County. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] I on CITY OF FRIDLEY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title Date By: Title Date -7- MnDOT Contract No: 1031839 ANOKA 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. By: (Chair, Anoka County Board of Commissioners) Date: By: (Anoka County Administrator) Date: Recommended for Approval: By: (Anoka County Engineer) Date: Approved as to form: By: (Assistant Anoka County Attorney) Date: in MnDOT Contract No: 1031839 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION LIM (with delegated authority) Date: RESOLUTION NO. 2018 - RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR CONSTRUCTION OF A TRAFFIC CONTROL SIGNAL SYSTEM AT INTERSTATE 694 AND EAST RIVER ROAD WHEREAS, The State of Minnesota Department of Transportation (MNDOT) is proposing a project to remove the existing traffic control signal at Interstate 694 and East River Road and install a new traffic control signal including street lights and interconnect, and WHEREAS, it has been deemed advisable and necessary for the City of Fridley to participate in this MNDOT signal improvement, and WHEREAS, said construction project has being submitted to the MNDOT State Aid Office and identified in its records as S.P. No. 0285-67 and S.A.P. 027-020-032, and WHEREAS, the City of Fridley has been notified that its request for advanced use of 2019 Municipal State Aid System funds has been approved, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the an appropriation from the Municipal State Aid System funds in the estimated amount of $18,805.50 be made to apply toward certain construction of said project and request the Commissioner of the Department of Transportation approve this appropriation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER, 2018. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk