Loading...
92-033 ~. .('. .. , . . . . ~ RESOLUTION NO. 33 -92 A RESOLUTION APPROVING AN AGREEMENT FOR PARTICIPATION IN THE REGULATORY AND WARNING SIGN REPLACEMENT PROGRAM WHEREAS, the City of Shorewood is desirous of bringing the traffic control devices on the streets and roads located within its City limits into conformance with Minnesota standards through a County-wide signed proj ect administered by the Hennepin County Engineer; and WHEREAS, the City has previously entered into an intent to participate with Hennepin County; and WHEREAS, plans and specifications have now been prepared by Hennepin County; and WHEREAS, Federal funds are now available for 90% of the sign replacement program. NOW, THEREFORE, BE IT RESOLVED that the City of Shorewood agrees to enter into an agreement for participation in the regulatory and warning sign replacement as developed by the County of Hennepin and attached hereto. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of April, 1992. AT Ja s C. Hurm ci Administrator '. . ;.f ,~ , . . . .~ . Dated: April 13, 1992 CERTIFICATION STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) I, James C. Hurm, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing.resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 13th day of April , 1992. . .. . . . " . . . " HENNEPIN /1 C!-, ' ",."" \ '-' DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: (612) 930-2500 FAX (612) 930-2513 TDD: (612) 930-2696 September 28, 1992 Mr. Laurence Whittaker City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 AGREEMENT NO. PW 15-46-91 COUNTY PROJECTS 9105 AND 9106 Dear Mr. Whittaker: Submitted for your file is a fully executed copy of the above referenced agreement. Both projects were awarded to the low bidders on September 15, 1992. Lyle Signs will be furnishing the materials and Kelly and Company will be performing the installations. Complete contract approval is anticipated by mid-October and actual sign installations/replacements are to begin in November. Due to the number of signs to be installed or replaced, completion of the contract is not expected this fall. Sincerely, dl~dL~ ~ Bruce M. Polaczyk, P.E. Design Administrative Engineer HLH:mak Enclosure ~-" V, ) 1'v V' b\ . t HENNEPIN COUNTY an equal opportunity employer .~ ,... '. " . Agreement No. PW 15-46-91 County Project No. 9105 & 9106 City of Shorewood County of Hennepin AGREEMENT FOR PARTICIPATION IN THE REGULATORY AND WARNING SIGN REPLACEMENT PROGRAM AGREEMENT, Made and entered into thi s -1 ~l day of ~k>>"~ 19 9~~ 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 Shorewood, a body politic and corporate under the laws of the state of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, Under the Federal Highway Safety Act of 1973, one of the objectives set forth by the United States Department of Transportation is the conformance of all traffic control devices to the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways (MMUTCD) in the State of Minnesota; and . WHEREAS, Funds are available through the Federal Highway Administration for 90% of the eligible costs for inventorying the existing signs and replacing, removing or installing regulatory and warning signs/devices authorized and approved by the Minnesota Department of Transportation; and WHEREAS, The City has previously signed a letter of INTENT TO PARTICIPATE with the Minnesota Department of Transportation in the HAZARD ELIMINATION SAFETY PROGRAM for the correction of regulatory and warning sign deficiencies on non-Federal Aid local roads. A copy of said signed letter of intent (marked Exhibit "A") is attached hereto and by this reference made a part hereof; and WHEREAS, The Minnesota Department of Transportation has requested that for the sake of consistency and cost-efficiency that townships and small cities within the same county band together for a single project under the administration of the county engineer; and WHEREAS, The City is desirous of bringing the traffic control devices on . streets and roads located within its geographical limits into conformance with -1- ~ '".., . . . . : .,," Agreement No. PW 15-46-91 Minnesota Standards through a county-wide signing project administered by the Hennepin County Engineer; and WHEREAS, The County and its agents have completed the required sign/device inventory; the City has approved said inventory; and the Minnesota Department of Transportation has authorized the County to proceed with the furnish/install phase of said project; and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of One Hundred Sixteen Thousand Two Hundred Forty One Dollars and Forty Three Cents ($116,241.43). A copy of said estimate (marked Exhibit "8") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 2 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The County will administer said county-wide signing project through two separate competitively bid construction contracts. One contract shall provide for the furnishing of the signing materials, hereinafter known as County Project No. 9105. A second contract will provide for the installation of said furnished materials, hereinafter known as County Project No. 9106. Hereinafter the term "Project" will be used to designate the sign replacement project as a whole and will incorporate both County Project No. 9105 and County Project No. 9106. II The City, by executing this agreement, approves the plans and specifications prepared by the County and its agents for said project. Said plans and specifications are made a part hereof by this reference. -2- ~ . . . '1-' " Agreement No. PW 15-46-91 III The County will advertise for bids for the work and construction of the aforesaid contracts, receive and open bids pursuant to said advertisements and enter into contracts with the successful bidders at the unit prices specified in the bid of such bidders, according to law in such case provided for counties. The contracts will be in form and will include said plans and specifications. IV The County will administer the contracts and inspect the construction of the contract work contemplated herewith. However, the City 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. V The City agrees that the County may make 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 may enter into any change orders or supplemental agreements with the County's 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 cost participation estimated herein. VI The City shall reimburse the County for its share of the inventory, materials and installation costs for said project and the total final cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "8" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 2 of this agreement is an estimate of the costs for the contract work on said project and that the unit prices set forth in the contracts with the successful bidders and the final quantities as measured by the County Engineer shall govern in computing the total final costs for apportioning the costs of said project according to the provisions of this paragraph. -3- ~ ~, . . . . J Agreement No. PW 15-46-91 VII Upon completion of the project and approval by the Minnesota Department of Transportation of the final measurement of the actual quantities, the County will submit to the City the County Engineer's Final Estimate for the project showing the City's final share in the inventory, materials and installation costs for the project. VIII The City shall remit the total payment in full to the County within thirty (30) days after receipt of the County Engineer's Final Estimate. The County specifications. IX Engineer will prepare monthly progress reports as provided in the A copy of these reports will be furnished to the City upon request. X All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. XI It is understood and agreed that upon completion of the project, the City agrees to maintain in a satisfactory condition all signs placed within its geographical limits under this agreement. Said maintenance shall be the sole cost of the City. XII The City further understands and agrees that all signs and devices removed by the County's Contractor as a part of said project are not the property of the City and will not be returned to it. All signs and devices removed shall be disposed of by the County's Contractor in accordance with Minnesota Department of Transportation's HAZARD ELIMINATION SAFETY PROGRAM regulations. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, demands, judgements, fines, penalties, expenses, actions, or causes of actions of -4- ~ . . . . J Agreement No. PW 15-46-91 any kind or character arising out of or by reason of the negligent performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV 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 herein to be performed by the City shall not be considered employees of the County, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment 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 mayor might arise under the Worker's Compensation Act or the Unemployment 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. XV The provisions of M. S. 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. -5- ~ . . . Agreement No. PW 15-46-91 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. (Seal) ATTEST: CITY OF SHOREWOOD By: May / Date: 11-/3- f).v And: ~G~ Man ger Date: 1-1.3-9;2... COUNTY OF HENNEPIN Date: 9 -1'1- tJ ~ Upon proper execution, this agreement wil legally valid and binding. Date: I'" fa -q.J ......,- / \ APpr~~:d\ as to exo)/"1\ / By :'- ~-a....~~j /;.: .. .....--t-&-l Assis~ rt County Attorney Date: '?'- ) I "--() l-_ .."\ . . ,.-. Date: ~ 7// ~~' RECOMMENDED FOR APPROVAL BY~ireckn~~rkS Date: J>-- -5-: 1~ -6- ~ . kECl:.jvED APR 2 ~ INTENT TO PARTICIPATE 1 ~a.; ENGR. WHEREAS, under the Federal Highway Safety Act of 1973, one of the objectives set forth by the Department of Transportation is the conformance of all traffic control devices to the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways (MMUTCD); and WHEREAS, funds are available through the Federal Highway Administration for the installation of regulatory and warning signs/devices; and WHEREAS, ___1h~_~itL_~t_~~~~~~~~~____________________________ -{t"Otm-t-y-;--Mt11"l":i -ci-p-s-i-1.-t:-y-~-"fow1 ~rt-?-) ___i~_th~_~~~~SL_~t~_~~~ey_~n_________________________ 1. n-:1:tte--t:-ot..~rl::ri is desirous of bringing the traffic control devices on streets and roads located within its geographical limits into conformance with Minnesota standards; NOW, THEREFORE, IT IS AGREED THAT: . 1. The Participant will comply with the conditions set forth in the Project Description. The Participant will remove, replace or install all regulatory and warning signs, delineators and object markers necessary to comply with Minnesota standards (MMUTCD) as determined through an approved inventory of inplace non-electrical traffic control devices. 2. The State of Minnesota, Department of Transportation (MnDOT), will administer the program, and will be responsible for documentation requirements as specified by the Federal Highway Administration. Reimbursement (90Y. of the eligible total costs) will be based on approval of the field inspection, and the materials certification, and satisfactory review of claims documents. The Participant will be responsible for the remaining 10Y. of the eligible total costs. ~. The Participant agrees to maintain all such material installations in satisfactory condition. .. 4. The U.S. Department of Transportation Regulations on Non- Discrimination are to be complied with by the Participant. Refer to Appendi:.: A, "Nondiscrimination Regul ati ons" and "Di sadvantaged BLISi ness Enterpri se Policy". >>>>>>>>~>>>>>>>>>>>>>>>>>eQQ!i~~tiQQL E~g~ 11 Page 10 Henn. Co. Agrmt. No. PW 15-46-91 Exhibit "A"; Sheet 1 of2 ~W II Z JO Z :j.aa4S ~ II 'if II :j.~q ~4x3 16-9P-Sl Md .ON .+wu6'if .0J .uuaH IT aoed . ~~I~~ NW ~lned "~s ~ouJPIJn8 uot~e~JodsueJ~ 60~ Jaoeuew 'a14ew A~ueN :5~ u51~e511aae a4~ pue a~ea151~~ed 5~ ~ua~uy a4~ 11ew apoJ dJZ A~JJ ssaJpp~ --1~~~~-~NW---------------pOOMaJoqs---pBoB-qn15-X~~uno5-~~I~ pauo tS a~ea CUli~eu~- . 98bt-'~~--=r~"}dV-------------7lIJ:(J2llJr(VfJ(7crrJ.Ir;r-= . dt4SUMO~ JO A~Jledt~JuliW 'A~ n J to aweN -------------------------------------------pooMaioqs-Jo-1~1J ========9B2J=~QJ=}~~~~=: a~ep ~Je~s AJO~UaAut pa~ewJ~s3 O~ :patJO~UaAUt aq o~ a5ealtw pa~ew1~s3 "s~uawn~op sWJel~ to Ma1AaJ AJO~~et51~es pue u01~e~Jf1~Ja~ 51E'lJa~eW a4~ ~uoJ~~adsuJ PlaJt a4~ fO leAoJdde uo ~uaouJ~uo~ 51 ~UaWaSJliqWJaJ ~e4~ pUE'~5JapUn aM "~~a[oJd a4~ 4~1M paa~oJd AE'W Ja5euE'w ~~a[oJd a4~ ~^JO~UaAU1 a4~ fa leAoJdde uodn . "paaJoJd o~ uOJ~eZtJo4~ne a4~ ^uedwo~::>e IlJM ase4d ^JO~UaAuJ a4~ JOt suoJ~~liJ~SUI "paa~oJd o~ ~oauw WOJt uOJ~ezJJ04~lie aAJa::>aJ aM IJ~un uJoaq ~ou IlJM ^JO~UaAU1 a~JAap(UoJs a4~ ~e4~ pue~SJapUli aM ^t t~ads --sMa~J-~~1J- ~3H~O JO ~J'd~~NOJ JO ~33NI9N3 ^~NnOJ asu5asa~ a15~15 :Aq pa~~lipuo~ aq IlJM ase4d lle~suJ/4s1UJn~ ~J'd~~NOJ JO ~33NI9N3 ^~NnO::J asu5asa~ a15~15 :Aq pa~~lipuo~ aq 111M ^JO~UaAU1 a~lAap/u5JS C"WE'JOOJd sl4~ Japun ~UaWaSJliqwJaJ AJO~UaAuJ-aJ JOt alqJoJla ~ou aJe saJJO~UaAU1 uOJS JOt PJ'd leJapa~ paAJa~aJ ^lSnOJAaJd 04M saJ~J~ pue saJ~uno~ a504~ *) "SJSE'q "paAJas ~SJJ~ ~awoJ ~sJJ~II.e.uo alqelJE'Ae pue pa~Jwll aJE' spunt a4~ ~E'4~ pue~SJapUli aM 'pa~e~JPuJ 5J aUJlpeap le~~Jw~ns au 40no4~1'd .uoJ~elle~suJ pue sleJJa~ew '*^JO~UaAUl a~JAap/uols aAlSUa4aJdwo~ e o~ pa~nqJJ~~e s~so~ alqJolla lE'~O~ a4~ fa %06 aq IlJM ~uawasJnqwJaJ ~e4~ poo~SJapUli sJ ~I "speoJ le~ol JOt WeJOOJd A~ates uOl~euJwJ13 pJezeH a4~ uJ a~E'dl::>J~Jed o~ pua~uJ aM "a~E'dJ~J~Jed o~ ~ua~uI a4~ pue UOl~dJJ~saa ~::>arOJd a4~ paMaJAaJ aAe4 aM . NOI~'dJI"'dd'd -w- q~ E~ I l!~ ~ ~n~ ~ n IH~I: I! 1!I~r~"H I !i~; .. ~ ~ i ~ ~ ~ ~ ~ ~ ~ i;~ III H~ _2!. H!_ i!_u - -- - -- . 1; ~ 5 i ~ ~ _1___ - -- 1; ~ ~ i ~ ~ - -~-- - - -- ~ ~ . . ;., ,. . a ~ 0 a ~ 40 . 0 ~ N .... Q N e ~ 0 ~ ~ ~ o ~ M M ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ N 0 ~ ~ N " ~ 0 ~ .... N 0 GeM 40 N M ~ ~ ~ a ~ ~ N M ~ ~ 0 M a .... N .... N .... N N " " ~ .... N .... '" 0 ,.. '" ... ... '" '" ... ,.. '" '" ... ... ,.. ... '" '" .... - - -- .. CJ\ N 40 ,.... ,... ,... ,... G ,., (PI .... CD \0 .. N NO.... .... G \0 \0 ,." .... .... - - -- N G .... '" .... CJ\ 40 ~ .... ,... NaN .... CD N .... N .... .... \0 M ~ a ~ a CD ~ 40 .... ~ ; : ~ ~ g ~ : ~ = : ~ ~ ~ = .... \0 N N CD .... M ,... ,... ~ .... ~ .... ~ '" N ,." .... ,.".... ~.,.".... N .... 40 M .... ----- --------- -------------- ~ ~ ~ g ~ : ~ : ~ ~ : s ~ ~ ~ a ~ ~ ,., CJ\ ~ = s : ~ = ~ ~ ~ = ~ ~ : ~ ~ .... ,.. '" 0 ~ ... ~ .... N ... O....,;\o....,,;N..,.;N ui';"';NN N .... ~ ~ ... 0 ... ... ,..... ~ .... ... .... ----- ----- ~ ~ ~ g ~ .... ~ ~ ~ ... ~ ... '" '" ~ -------------- gggggiiiiiiig~~~ ti : ~ 3 5 i ~ ~ ~ ~ ~ ~ g = ~ : CD.:: ~ ~ '" '" ,... \0 ~.... : ~ ~ ... '" ... ... ... ------------ o .. ,... 'lI:P '" (JIl N o ... - -- .... N - - -- ,.... .... .... o o ----------- .... ;' .... ... ------- ... ---------- ... .... --------------- .... ~ .. N G N N N \0 '" N N '" ... ... .... .... ... .... ... N .. - - -- ~. ... - - -- N =;-;-;- ;;;-0 N ... ... r- .... \0 CD ,.... ... ::!l o N ... ... ~ CD ~ = ~ : ~ ~ ~ ~ ; g ~ ... .... 0 .... a ;; .... o N :0:;;::;:;..... .... ... :;"Cft""..,... ... ... ... .... ;;;-N" ... ... ... '" .... a ... N (PI C 40 eft .. N N '" .... ..;;;;;;-.;;- -4 f""" N -4 - -- N 'lIP N ,.... lroO N ....... ... '" ... ... \I'l --------- --------- - - -- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ 0 ~ ~ ~ ~ N ~ ~ ~ 'lIP N 0 ~ ~ e ~ ~ ~ ~ ~ 0 G ~ ,.... e N ~ o Q ~ ~ 0 M N ~ . N _ .~ ~ _ ~ ... ... '" '" ... '" o \I'l ... '" ... ... ~ ;:; :;; :;; ~ .. ,.... ", 0 ,.... o ~ co CJ\ N ~~~~~ ~ .., ... '" .004 !=: !=: S .... .... 0 ... ... ... ----- ~ ~ ~ ~ ~ ~ 0 ~ ~ o N 0 'lIP ~ 0 'lIP ~ ~ ~ 0 ~ N ~ 0 ~ N 0 ~ ~ ~ ,.... ~ CJ\ e M CJ\ ~ ~ N ~ m ~ M N -4 ... ~ M ..... -------- 'lIP -4 'lIP ~ Q co ~ M 0 ... ~ ..,. ~ 0 ... ..,. ,.... ..,. ~ ... ~ ~ M N N ~ ~ ~ 0 ~ ..,. ..,. ... ~ 0 ~ ..,. co co ~ N ", eN..,. ... Q N ... ... ... ... ... ... ~ ..... 5~~! ~~ I I i ~ I I Iii I I I ~ I ! ! I ; ; I j \11 . . , ... ... '" '" :g ~ o ... ... .. ... .. ... ... ... ... ... .... ... .... ... ... '" .... .... '" ... ~ .... '" ... o .... '" \I'l '" N .... ;; o ... u; ,., . ... ... ~ .... .. .... N ;;......\0 ... ... ... '" r-i ... '" o ... ... ~ ... \I'l ... ... '" o ... '" Henll. Co. Agrmt. No. PW 15-46-91 Exhibit "8" Sheet 1 of 1 ~ ^. . . . April 7, 1992 O~M SChelen ~:yeron & Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Agreement for Participation in the Sign Replacement Program Dear Mayor and Council Members: Attached please find a copy of the transmittal letter and agreement with Hennepin for the referenced project. The agreement includes a letter of intent to participate signed by the City in 1986, and an estimated cost summary. The Specifications referenced in the agreement are filed at City Hall. Mr. Keane is reviewing this agreement with regard to legal form. We have reviewed the specifications for this project from an engineering standpoint. These specifications include provisions for the removal of 20 signs, the installation of 170 signs, and the replacement of 65 signs in Shorewood. The main intent of this project is to bring the signage in the City into conformance with the Manual for Uniform Traffic Control Devices. The total estimated cost of the Shorewood portion of the project is $11,630.58. Of this amount, ten percent (10%) is to be paid by the City. Therefore, the estimated cost to the City is $1,163.06. The project is scheduled for later this summer. Should the Council wish to proceed with the project, two signed copies of the agreement along with two copies of the resolution approving of the agreement will need to be sent back to Hennepin County. Please do not hesitate to call me at 378-6370 with any questions. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES, INC. Joel A Dresel, P.E., L.S. City Engineer Equal Opportunity Employer r ~'.- 1.,' . . . ".. "'" . . Dated: April 13, 1992 CERTIFICATION STATE OF MINNESOTA) )ss COUNTY OF HENNEPIN) I, James C. Hurm, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 13th day of April, 1992.