HomeMy WebLinkAbout8B, US 10/Hwy 96 Agreements ,-AR EN_HILLS
Request for Council Action
8 -B
Prepared By: Terry Maurer, Public Works Director Council Meeting Date: January 28, 2013
US 10/Hwy 96 Agreements
Budgeted Amount: Actual Amount: Funding Source:
5490,000 $125,000-S 1.50,000 Municipal State Aid Fund,
Sanitary Sewer Utility Fund,
and PIR Fund
Recommendation:
The Council is requested to individually adopt Resolution 2013-010 Entering into Mn/DOT Agreement
No. 02885 for the US 10/Hwy 96 Grade Separation Project, adopt Resolution 2013-011 Entering into
Ramsey County Agreement PW 2013-002 for the US 10/Hwy 96 Grade Separation Project, and adopt
Resolution 2013-012 Entering into Mn/DOT Signal Agreement No. 02212-R for the Signal Systems in
the US 10/Hwy 96 Grade Separation Project
Supporting Documents:
1. Memorandum dated January 28, 2013, from Terry Maurer,Public Works Director.
2. Resolution 2013-010 Entering into Mn/DOT Agreement No. 02885 for the US 10/Hwy 96 Grade
Separation Project and Agreement No. 02885.
3. Resolution 2013-011 Entering into Ramsey County Agreement PW 2013-002 for the US 10/Hwy 96
Grade Separation Project and Agreement PW2013-002.
4. Resolution 2013-012 Entering into Mn/DOT Signal Agreement No. 02212-R for the Signal Systems
in the US 10/Hwy 96 Grade Separation Project and Agreement No. 02212-R.
lt
,ARZEN HILLS
MEMORANDUM
DATE: January 28, 2013
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Terry Maurer, Public Works Director �TTA
SUBJECT: US 10/Hwy 96 Agreements
BacklZround
Mn/DOT and Ramsey County are working cooperatively to complete the grade
separation of the intersection of US 10 and Highway 96. Ramsey County will be funding
the entire construction cost while Mn/DOT has completed the design and will be
providing bidding and construction services.
The lowering of Highway 96 (approximately 17 feet) to pass under US 10 will affect
several of our City utilities, water main and sanitary sewer forcemain, which will have to
be replaced at a lower depth. The project will also build a new signal system at the
intersection of Highway 96 and Old Highway 10 and rebuild the existing signal system at
the intersection of Highway 96 and Round Lake Road, which will also become the new
entrance to Arden Manor. The project will also require the reconstruction of Lakeshore
Place due to the significant grade changes of the 10/96 intersection.
City staff asked for a steel casing pipe to be placed under Highway 96 in the location of
Lift Station#I I for a future gravity sewer line when Lift Station#11 is eliminated to save
the future cost of "jacking" the casing pipe under the highway. Finally, there will be
some improvements, such as a trail and sidewalk along Highway 96, that the City will be
asked to share in the cost of construction.
With this brief background, the City is being asked to enter into three separate
agreements for this project: a Mn/DOT Cooperative Construction Agreement, a Ramsey
County Cooperative Agreement and a Mn/DOT/Ramsey County Signal Agreement. The
City attorney has reviewed all three agreements. A more detailed discussion of each
follows.
City Council Meeting
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Mn/DOT Cooperative Construction Agreement
Because Mn/DOT is the agency that designed the project and the project involves the
relocation/replacement of some City utilities we are being asked to enter into this
agreement. There is no cost to the agreement. It simply states that due to the effect on
our City utilities, we requested their relocation be included in the project. It also lays out
our rights and responsibility during construction to observe and comment to Mn/DOT if
we think changes need to be made. It makes clear that the City will be responsible for
maintenance of the relocated utilities after the project. Finally, it protects the City should
there be any suspension of work, that our utilities will be left in an "acceptable operating
condition."
A copy of the agreement and a resolution entering into it and authorizing the Mayor and
City Administrator to execute the agreement are attached.
Ramsey County Cooperative Agreement
Since Ramsey County is the funding agency for the project, the Cooperative Agreement
deals with the City's costs for items included in the project. Since the project bids will
not be opened until February 8t", our costs at this time are based on estimates. After bids
are opened a detailed cost split will be prepared. Generally, the City's cost for various
items in the project are listed below:
• City utility relocations - No cost to the City because the intersection design
caused the need for the relocations.
• Lakeshore Place reconstruction -No cost to the City because the reconstruction is
due to the highway intersection grade changes.
• Steel casing pipe for the future elimination of LS #11 - This is 100% City cost
because we asked for it to be included in the project. The estimated cost is
$20,000 425,000.
• New signal at Highway 96 and Round Lake Road - 25% of the cost will be the
City's since we have one of the four legs (Ramsey County will be paying for the
new Arden Manor entrance). The estimated cost to the City is $35,000-$45,000.
• Emergency Vehicle Pre-emption (EVP) - The City's cost of the EVP system for
the signal is expected to be less than $5,000.
• Trail and sidewalk adjacent to Highway 96 - The City's cost will be calculated by
the County's Cost Participation Policy. However, since this project has Federal
monies involved, those will be first applied to eligible items prior to the County's
split of costs. The current estimate of the City's cost for all trail and sidewalk
items is $55,000-$65,000.
• Land Acquisition for Parcel #4 - The County provided all land acquisition
services for the project. As they were proceeding with this process they
City Council Meeting
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discovered a lot on Lakeshore Place (Parcel #4) where the road had some time
ago migrated out of the right-of-way and could not be reasonably put back into
the existing right-of-way. The County contacted the City and offered to include
this small parcel of land acquisition in their process if the City would pay for the
cost of the parcel. Since the County was acquiring other small parcels on
Lakeshore Place this would make the entire area legally correct after the project.
The estimated cost of Parcel #4 is under$10,000.
Based upon the above estimates, the City's share of this project is expected to be between
$125,000 and 150,000. The City's 2013 CIP actually has an item for this project with an
estimated cost of$490,000, as we anticipated many more costs a few years ago when this
item was placed in the CIP.
Generally the funding source will be: Municipal State Aid funds for the signal, trail and
sidewalk items; Sanitary Sewer Utility Funds for the casing pipe; and PIR funds for
Parcel #4.
A copy of the agreement and a resolution entering into it and authorizing the Mayor and
City Administrator to execute the agreement are attached.
Mn/DOT/Ramsey County Signal Agreement
The final agreement is a Signal Agreement for operation and maintenance of the two new
signal systems. The City's role in the ongoing maintenance and operation of the signal
systems will be to paint them when needed because we asked for them to be the same
green color as the rest of the Highway 96 corridor signal systems rather than just
galvanized poles. We will also be responsible for the electrical charges to operate the
signal at Round Lake Road. The County is responsible for electrical service for the other
signal system.
A copy of the agreement and a resolution entering into it and authorizing the Mayor and
City Administrator to execute the agreement are attached.
Council Action Requested
The Council is requested to individually:
1. Adopt Resolution 2013-010 Entering into Mn/DOT Agreement No. 02885
for the US 10/Hwy 96 Grade Separation Project
2. Adopt Resolution 2013-011 Entering into Ramsey County Agreement
PW 2013-002 for the US 10/Hwy 96 Grade Separation Project
3. Adopt Resolution 2013-012 Entering into Mn/DOT Signal Agreement
No. 02212-R for the Signal Systems in the US 10/Hwy 96 Grade
Separation Project
City Council Meeting
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Mn/DOT Contract No: 02885
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF ARDEN HILLS
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number(S.P.): 6205-38 Estimated Amount Receivable
Trunk Highway Number(T.H.): 10=062 [$0.001
State Project Number(S.P.) 6205-62071
State Project Number(S.P.) 6205-62072
State Project Number(S.P.): 062-696-026CTB
State Project(S.P.): 187-020-014
Federal Project Number: STP-HSIP 6213
(007)
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and
City of Arden Hills acting through its City Council("City").
Recitals
1. The State,at the request of and on behalf of Ramsey County,will perform grading,bituminous and concrete
surfacing,retaining walls,noise walls, signals,lighting and bridge No.'s 62071, 62072 construction and other
associated construction upon, along and adjacent to Trunk Highway No. 10 from 650'south of C.S.A.H. 96 to
400' south of Prior Ave. and on C.S.A.H. 96 from I-35W to 1600' east of T.H. 10,in the City of Arden Hills
according to State prepared plans, specifications and special provisions designated by the State as State
Project No. 6205 38 (T.H. 10=062) ("Project"); and
2. In response to Project construction impacts to existing City utilities,the City,through Ramsey County,has
requested the State include in its Project construction of utilities consisting of,but not limited to,watermain,
water services, sanitary sewer and forcemain,casing for future sanitary sewer("utility construction")within
the Project; and
3. A separate agreement,Agreement No. 02300,between the State and Ramsey County will address the cost of
the utility construction; and
4. Minnesota Statutes § 161.45, subdivision2, allows for City-owned utility relocation to be included in a State
construction contract; and
5. 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; Incorporation of Exhibits
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,
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including,without limitation,the following clauses: 3.Maintenance by the City; 7.Liability;Worker
Compensation Claims; 9. State Audits; 10. Government Data Practices; 11.Governing Law; Jurisdiction;
Venue; and 13.Force Majeure.
1.4. Plans,Specifications,Special Provisions.Plans, specifications and special provisions designated by the
State as State Project No. 6205-38 (T.H. 10)are on file in the office of the Commissioner of Transportation
at St.Paul,Minnesota,and incorporated into this Agreement by reference. ("Project Plans")
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 Plans.
2.2. Direction,Supervision and Inspection of Construction.
A. Supervision and Inspection by the State. 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.
B. Inspection by the City. The City utility construction covered under this Agreement will be open to
inspection by the City. If the City believes the City participation construction covered under this
Agreement has not been properly performed or that the construction is defective,the City will promptly
inform the State's Project Engineer and District Engineer's authorized representative of those defects. In
the event those defects cannot be remedied readily as a field adjustment,the City shall notify the State's
Project Engineer and District Engineer's authorized representative in writing of the defect(s)and make
recommendations for correction.Any recommendations made by the City will be thoroughly analyzed
and discussed with the City in a good faith effort to resolve problems and reach mutual agreement prior
to the State making a final decision. The State will seek concurrence from the City in its determination
whether the State's contractor has satisfactorily performed the City utility construction.
2.3. Plan Changes,Additional Construction,Etc.
A. The State will make changes in the Project Plans and contract construction,which may include the City
utility 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.
B. The City may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s)with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be accommodated
without undue disruption to the project,the State will cause the additional work or plan changes to be
made.
2.4. Satisfactory Completion of Contract.The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5. Permits
A. The City will submit to the State's Utility Engineer an original permit application for all utilities owned
by the City/County to be constructed hereunder that are upon and within the trunk highway right-of-way.
Applications for permits will be made on State form"Application For Utility Permit On Trunk Highway
Right-Of-Way" (Form TP2525).
B. If required,the City will submit to the Minnesota Pollution Control Agency the plans and specifications
for the construction or reconstruction of its sanitary sewer facilities to be performed under the
construction contract and obtain,under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030,
subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction.
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The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver
must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date
of the sanitary sewer facility construction or reconstruction.
2.6. Replacement of Castings.Adjustments to certain City-owned facilities,including but not limited to,valve
boxes and frame and ring castings,may be performed by the State's contractor under the construction
contract. The City will furnish the State's contractor with new units and/or parts for those in place City-
owned facilities when replacements are required and not covered by a contract pay item,without cost or
expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the
contractor.
3. Maintenance by the City.
Upon completion of the project,the City will provide the following without cost or expense to the State:
Municipal Utilities. Maintenance of any municipal-owned utilities construction,without cost or expense to
the State.
4. City Requested Construction Cost
Plan Changes,Additional Construction,Etc. The City may 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.
Such work relating to the utility construction,and associated costs will be included in Ramsey County
Agreement No.PW2013-01 with the City.
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, change orders and supplemental agreements,and associated construction engineering before the
completion of the contract construction.
5. 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.
5.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly-Sonnek,Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard,Mailstop 682, St.Paul,MN 55155
Telephone: (651)366-4634
Fax: (651)366-4769
E-Mail: maryanne.kellysonnek @state.mn.us
5.2. The City's Authorized Representative will be:
Name/Title: Terry Maurer,Public Works Director (or successor)
Address: 1245 West Highway 96
Arden Hills,Mn 55112-5743
6. Assignment; Amendments; Waiver; Contract Complete
6.1. 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.
6.2. 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.
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Mn/DOT Contract No: 02885
6.3. 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.
6.4. 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.
7. Liability;Worker Compensation Claims
7.1. 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.
7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
9. 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.
10. 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.
11. 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.
12. Termination; Suspension
12.1.By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties.
12.2. 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.Any utilities disrupted by construction at the time of termination shall
be functionally restored to an acceptable operating condition.
12.3.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.
13. 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.
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Mn/DOT Contract No: 02885
CITY OF ARDEN HILLS DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. By:
(District Engineer)
By: Date:
Title: Approved:
Date: By:
(State Design Engineer)
By: Date:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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Receivable Standard(Municipal Agreements)
Agreement PW 2013-02
January 18, 2013
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH CITY OF ARDEN HILLS
Agreement between State Project Number(S.P): 6205-38
the County of Ramsey Trunk Highway Number(T.H.): 10=062
and the City of Arden Hills State Project Number(S.P.): 6205-62071
State Project Number(S.P.): 6205-62072
State Project Number(S.P.): 062-696-026CTB
State Project(S.P.): 187-020-014
Federal Project Number: STP-HSIP 6213(007)
Reconstruction of Highway 96 and TH 10
Attachments:
Exhibit A-Estimated Cost Participation Summary
THIS AGREEMENT,by and between the City of Arden Hills, Minnesota, a municipal
corporation,hereinafter referred to as the "City," and Ramsey County, a political subdivision of
the State of Minnesota,hereinafter referred to as the "County";
WITNESSETH:
WHEREAS,the County has identified a project involving grading,bituminous and concrete
surfacing, retaining walls,noise walls,traffic signals, lighting, and bridge No. 62071 and 62072
construction, and other associated construction upon, along and adjacent to Trunk Highway
No. 10 from 650' south of C.S.A.H. 96 to 400' south of Prior Ave. and on C.S.A.H. 96 from I-
35W to 1600' east of T.H. 10, and on Lakeshore Place in the City; and
WHEREAS,this segment of Highway 96 and TH 10 has been designated by Minnesota
Department of Transportation as eligible for funds from the County State Aid Highway
Turnback Account and designated as eligible for a grant of Federal Funds as Federal Project
Number STP-HSIP 6213(007); and
WHEREAS,this segment of Highway 96 and TH 10 has been designated as State Project Number
(S.P.): 187-020-014 and State Project Number(S.P.): 062-696-026 CTB
WHEREAS, this subject road segment is located within the City of Arden Hills; and
WHEREAS,plans for reconstruction of Highway 96 and TH 10 showing proposed alignment,
profiles, grades and cross sections for the improvement of Highway 96 and TH 10, as defined
herein have been presented to the City; and
Page 1 of 5
WHEREAS,the grading and widening provisions require acquisition of certain right of way and
temporary construction and slope easements prior to construction; and
WHEREAS, the Minnesota Department of Transportation will take bids for the project,prepare
an abstract of bids and cost participation summary, award a contract and pay the contractor from
Federal Aid, State Aid and County State Aid Highway Turnback Account identified for the
project.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Minnesota Department of Transportation shall prepare the necessary plans, specifications
and proposal. Cost of project revisions after completion of the plans and specifications
will be paid for by the party requesting the revisions or as defined by supplemental
agreement. Revisions must be consistent with State Aid requirements and are subject to
County approval.
2. Minnesota Department of Transportation shall take bids and award a contract for
construction of the subject project.
3. The County shall administer the acquisition of all rights of way and easements required
for the construction of the project in accordance with State Aid requirements and all
applicable Federal and State Statutes. The County shall provide all compensation to
property owners for acquired rights of way and easements. In the event the City requests
work not included within the original plans, the City will be responsible for costs for
additional rights of way required.
4. All acquired road rights of way and temporary easements adjacent to CSAH 96 will be in
the name of the County, and other regulations will be controlled by the County. Right of
way acquired adjacent to Lakeshore Place shall be controlled by the City. Any right of
way acquisition which cannot be negotiated,will be acquired through eminent domain
proceedings by the County, or eliminated through design revisions, as determined most
appropriately by the County.
5. The County and City shall participate in the costs of construction in accordance with the
Estimated Cost Participation Summary, attached as Exhibit A and incorporated herein,
except as modified below. Concrete walk,bituminous trail, and signal systems are paid
according to the County cost participation policy. If the Ramsey County Board of
Commissioners adopt a new cost participation policy the City and County through mutual
The city shall a 100%of the 28" steel casing
may use the amended olic g
agreement policy. Y pay Y
pipe. The City shall pay 25%of the signal system and emergency vehicle preemption at
° cost of acquisition of
100/o of the
Round Lake Road and Prior Ave. The City shall pay q
right of way from Parcel 4.
6. Upon completion of the project the County shall own and maintain all storm sewer catch
basins, leads and outfalls which are located within County road rights of way and directly
Page 2 of 5
serve the paved portion of Highway 96. The main trunk storm sewer in the portion of
Highway 96 within the City shall be owned and maintained by the City.
7. Any utilities or facilities modified or added to those provisions presently made in the
plans and specifications may be incorporated in the construction contract by
supplemental agreement and shall be paid for as specified in the supplemental agreement.
Design and construction engineering fees for additions shall be negotiated at the time of
supplemental agreement preparation.
8. Throughout project design and construction, the County shall prepare partial cost and
payment estimates for construction costs at appropriate intervals, notify the City of its
share of the costs for the City's items of work. City shall pay its share of construction
costs within twenty one calendar days of receipt of County invoice.
9. The City shall pay to the County all additional remaining costs for its share of the work
upon notification by the County of the final amounts due to the contractor.
10. All payments by the City shall be to the Treasurer of Ramsey County,Minnesota.
11. The City and County shall indemnify, defend and hold each other harmless against any
and all liability,losses, costs, damages, expenses, claims, or actions, including attorney's
fees, which the indemnified party, its officials, agents, or employees may hereafter
sustain, incur, or be required to pay, arising out of or by reason of any act or omission of
the indemnifying party, its officials, agents or employees, in the execution,performance,
or failure to adequately perform the indemnifying party's obligation pursuant to this
Agreement. Nothing in this Agreement shall constitute a waiver by the County or the
City of any statutory or common law immunities, limits, or exceptions on liability.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
THE COUNTY OF RAMSEY
By
Chair
Board of County Commissioners
Attest:
Chief Clerk-County Board
Date
Approved as to Form:
Assistant County Attorney
Recommended for Approval:
James Tolaas, P.E.
Public Works Director and County Engineer
Page 4 of 5
CITY OF ARDEN HILLS, MINNESOTA
By
Its
By
Its
Date
Approved as to Form:
City Attorney
Page 5 of 5
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 02212-R
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF RAMSEY
AND
THE CITY OF ARDEN HILLS
TO
Remove the existing Traffic Control Signals on Trunk Highway No.
10 at County State Aid Highway No. 96 (County Road G) and on
County State Aid Highway No. 96 at Round Lake Road; and Install
two (2) new Traffic Control Signals with Signal Pole Mounted
Luminaires, Emergency Vehicle Pre-emption, Interconnect and
Signing on Trunk Highway No. 10 at County State Highway No. 96
(County Road G) , West Ramp, and on County State Highway No. 96
(County Road G) at Round Lake Road/Prior Avenue; and Install
four (4) new Underpass Lights between the East and West Ramps on
Trunk Highway No. 10 at County State Highway No. 96 (County Road
G) , in the City of Arden Hills, Ramsey County, Minnesota.
S. P. 6205-38
S. P. 187-020-014
System I . D. ' s 20232 and 39344
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
NONE None
Otherwise Covered
02212-R
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PARTIES
THIS AGREEMENT is entered into by the Minnesota
Department of Transportation, (State) , the County of Ramsey
(County) , and the City of Arden Hills, (City) .
RECITALS
Minnesota Statutes Section 161 . 20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving the Trunk Highway system.
The parties have determined that there is justification and
it is in the public' s best interest to remove the existing
traffic control signals on Trunk Highway No. 10 at County State
Aid Highway No. 96 (County Road G) and on County State Aid
Highway No. 96 (County Road G) at Round Lake Road; and install
two (2) new traffic control signals with signal pole mounted
luminaires, interconnect and signing (Traffic Control Signal (s) )
on Trunk Highway No. 10 at County State Aid Highway No. 96
(County Road G) , West Ramp, and on County State Aid Highway No.
96 (County Road G) at Round Lake Road/Prior Avenue; and install
four (4) new underpass lights (Underpass Lights) between the
East and West Ramps on Trunk Highway No. 10 at County State
Highway No. 96 (County Road G) in accordance with the plans,
specifications and special provisions designated as State
Project No. 6205-38 (T.H. 10=062) and State Aid Project No. 187-
020-014 . The cost participation for this Project is covered in
02212-R
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Cooperative Agreement No. 02300, between the County and the
State.
The City requests and the County and the State agree to the
installation of Emergency Vehicle Pre-emption Systems (EVP
System(s) ) , as a part of the new Traffic Control Signal
installations .
It is considered in the public' s best interest for the
Contractor to provide two new traffic control cabinets and
control equipment using County provided specifications .
The County, the City, and the State will participate in the
maintenance and operation of the new Traffic Control Signals,
EVP Systems, and Underpass Lights .
CONTRACT
1 . The State will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering) and also
perform all necessary construction inspection, (Construction
Engineering) .
2 . The State, with its own resources or by contract, will
remove the existing traffic control signals on Trunk Highway No.
10 at County State Aid Highway nTO. 96 (County Road G) and on
County State Aid Highway No. 96 (County Road G) at Round Lake
Road; and install two (2) new Traffic Control Signals and EVP
Systems on Trunk Highway No. 10 at County State Aid Highway No.
96 (County Road G) , West Ramp (System "A") , and on County State
Aid Highway No. 96 (County Road G) at Round Lake Road/Prior
Avenue (System "B") , and install four (4) new Underpass Lights
02212-R
-3-
between the East and West Ramps on Trunk Highway No. 10 at
County State Highway No. 96 (County Road G) , pursuant to the
plans and specifications for State Project No. 6205-38
(T.H. 10=062) and State Aid Project No. 187-020-014 .
3 . The County will, for System "A", be responsible for
the cost and application to secure an adequate power supply to
the service pad or pole . Upon completion of this project, the
County will thereafter pay all monthly electrical service
expenses necessary to operate the new Traffic Control Signal and
EVP System.
4 . The City will, for System "B", be responsible for the
cost and application to secure an adequate power supply to the
service pad or pole. Upon completion of this project, the City
will thereafter pay all monthly electrical service expenses
necessary to operate the new Traffic Control Signal and EVP
System.
S . The City will, for the Underpass Lights, be
responsible for the cost and application to secure an adequate
power supply to the service pad or pole. Upon completion of
this project, the City will thereafter pay all monthly
electrical service expenses necessary to operate the new
Underpass Lights . Upon completion of this project, the City will
also be responsible for all maintenance, operation and
replacement of the Underpass Lights .
6. Upon completion of this project, the responsibility
for the new Traffic Control Signal (System "A") is as follows:
02212-R
-4-
a) The City will, at its cost and expense, clean and paint the
traffic control signal and the luminaire mast arm extensions .
Painting will be in accordance with Mn/DOT Standard
Specification 2565 . 3T, unless approved by the State' s District
Traffic Engineer.
b) The County will, at its cost and expense: (1) maintain the
signal pole mounted luminaires and all their components,
including re-lamping and replacement of the luminaire if
necessary; (2) replace the signal system L.E. D. indications;
(3) clean the controller and service cabinets; and (4) maintain
the new interconnect, including Gopher State One Call; and
c) The County will maintain the traffic signal cabinet and
control equipment, repair knockdowns of the Traffic Control
Signal, and perform all other traffic control signal and signal
pole mounted luminaire circuit maintenance, all on a
reimbursable basis with the State.
7 . Upon completion of this project, the responsibility
for the new Traffic Control Signal (System "B") is as follows :
a) The City will, at its cost and expense, (1) clean and paint
the traffic control signal and the luminaire mast arm
extensions . Painting wl ll l 'D e in accordance wit-h. Mn./ Standard
rd
Specification 2565 . 3T, unless approved by the State' s District
Traffic Engineer. and (b) The County will, at its cost and
expense: (1) maintain the signal pole mounted luminaires and
all their components, including re-lamping and replacement of
the luminaire if necessary; (2) replace the signal system L.E. D.
indications; (3) clean the controller and service cabinets; (4)
02212-R
-5-
maintain the new interconnect, including Gopher State One Call;
and (5) maintain the traffic signal cabinet and control
equipment, repair knockdowns of the Traffic Control Signal, and
perform all other traffic control signal and signal pole mounted
luminaire circuit maintenance.
8 . The EVP Systems will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements :
a) For System "A", all maintenance of the
EVP System will be the responsibility
of the State, which will be performed
by the County on a reimbursable basis .
b) For System "B", all maintenance of the
EVP System will be the responsibility
of the County.
c) Emitter units may be installed only on
authorized emergency vehicles, as
defined in Minnesota Statutes
Section 169. 011, Subdivision 3 .
Authorized emergency vehicles may use
emitter units only when responding to
an emergency. For System "A", the City
will provide the State' s Metropolitan
District Engineer or his designated
representative a list of all vehicles
with emitter units, upon request. For
System "B", the City will provide the
02212-R
-6-
County' s Engineer or his designated
representative a list of all vehicles
with emitter units, upon request .
d) Malfunction of the EVP Systems must be
reported to the County immediately.
e) For System "A", 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 b
i
above are violated, and such misuse or
violation continues after the City
receives written notice from the State
or County, 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.
f) For System "B", in the event the EVP
System or its components are, in the
opinion of the County, being misused or
the conditions set forth in Paragraph b
above are violated, and such misuse or
violation continues after the
City receives written notice from the
County, the County may remove the EVP
System. Upon removal of the EVP System
pursuant to this Paragraph, all of its
02212-R
-7-
parts and components become the
property of the County.
g) All timing of the EVP Systems
will be determined by the
County' s Traffic Engineer.
9 . All timing of the new Traffic Control Signals will be
determined by the County Traffic Engineer.
10 . The County will, for System "A", invoice the State for
the actual costs it incurs in maintaining and keeping in good
repair the new Traffic Control Signal and EVP System, as
specified in Paragraphs 6, 8, and 9 excluding the following:
maintenance of the signal pole mounted luminaires and all its
components, including replacement of the luminaires and lamps if
necessary; replacing the L.E. D. signal indications; cleaning and
painting the new traffic control signal and luminaire mast arm
extensions; cleaning the new controller and service cabinets,
and maintain the new interconnect, including Gopher State One
Call; assigned to the City and County by this Agreement.
11 . The State or the County, for System "A' , may terminate
the terms and conditions covering maintenance and operation
contained in Paragraphs 6, 8, 9, and 10 upon providing 30 days
notice to the other party. The County' s termination must be
accomplished by a resolution of the County Board. The State' s
termination must be accomplished by a letter from Mn/DOT' s
Metropolitan District Engineer. Upon termination, responsibility
for the Traffic Control Signal, and EVP System will be as
follows: a) The County will, at its cost and expense: (1)
02212-R
-8-
maintain the signal pole mounted luminaires and all their
components, including re-lamping and replacement of the
luminaire if necessary; (2) replace the signal system L.E. D.
indications; (3) clean the controller and service cabinets; and
(4) maintain the new interconnect, including Gopher State One
Call; and b) The State will maintain the traffic signal cabinet
and control equipment, repair knockdowns of the Traffic Control
Signal, and perform all other traffic control signal and signal
pole mounted luminaire circuit maintenance, excluding painting
of the signal system assigned to the City. In addition, all
timing of the new Traffic Control Signal and EVP System will be
determined by the State, and no changes may be made except with
the approval of the State.
12 . By signing this agreement, each party authorizes the
other party to enter upon their respective public right of way
to install and maintain the new Traffic Control Signals and EVP
Systems .
13 . Each party will be solely responsible for its own acts
and omissions, and the results thereof, to the extent authorized
by law. The State ' s liability is governed by the Minnesota Tort
Claims Act, Minnesota Statutes Section 3 . 736. The County' s and
City' s liability is governed by Minnesota Statutes Chapter 466.
Each party will be solely responsible for its own employees for
any Workers Compensation Claims .
14 . Upon execution and approval by the County, the City,
and the State and completion of the construction work provided
for herein, this agreement will supersede and terminate
02212-R
-9-
Agreement No. 89510R, dated July 14, 2006 between the County and
the State, for the intersection of Trunk Highway No. 10 and
County State Aid Highway No. 96.
15. 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.
16. If any party fails to enforce any provisions of this
Agreement, that failure does not waive the provision or its
right to enforce it .
17 . This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
18 . Minnesota law governs this contract. 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.
19 . This Agreement is effective on the date the State
obtains all required signatures under Minnesota Statutes 16C. 05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
20 . The State ' s obligation to perform any work, or to let
a Contract for the performance of the work, on the State Project
referenced above, is subject to the availability of funding from
the Minnesota Legislature or other funding source.
02212-R
-10-
21. Authorized Agents
a. The State ' s Authorized Agent for the purpose of
the administration of this Agreement is Allan
Espinoza, Metropolitan District Traffic
Engineering, or his successor. His current address
and phone number are 1500 County Road B2 West,
Roseville, MN 55113, (651) 234-7812 .
b. The County' s Authorized Agent for the purpose of
the administration of this Agreement is Erin
Laberee, Ramsey County Traffic Engineer, or her
successor. Her current address and phone number
are 1425 Paul Kirkwold Drive, Arden Hills, MN
55112, (651) 266-7105 .
C. The City' s Authorized Agent for the purpose of
the administration of this Agreement is Terry
Maurer, City of Arden Hills Public Works Director
or his successor. His current address and phone
number are 1245 West Highway 96, Arden Hills, MN
55112, (651) 792-7847 .
02212-R
-11-
IN TESTIMONY WHEREOF the parties have executed this Agreement by
their authorized officers .
RAMSEY COUNTY
Recommended for approval:
By:
Julie Kleinschmidt,County Manager
Dated:
APPROVED BY
By:
James Tolaas,Public Works Director
Dated:
APPROVED AS TO FORM
By:
Assistant County Attorney
Dated:
02212-R
-12-
CITY OF ARDEN HILLS
By:
Mayor
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
i
i
RECOMMENDED FOR APPROVAL:
By:
Metropolitan District Engineer State Design Engineer
Date:
COMMISSIONER OF ADMINISTRATION As to form and execution:
As delegated to Materials
Management Division By:
Contract Management
By: Date:
Date:
02212-R
-13-
RAMSEY COUNTY
RESOLUTION
IT IS RESOLVED that the County of Ramsey enter into MnDOT Agreement No. 02212-R with
the State of Minnesota, Department of Transportation for the following purposes:
To remove the existing Traffic Control Signal on Trunk Highway No. 10 at County State Aid
Highway No. 96 (County Road G) and on County State Aid Highway No. 96 at Round Lake
Road; and Install two (2)new Traffic Control Signals with Signal Pole Mounted Luminaires,
Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 10 at County
State Highway No. 96 (County Road G), West Ramp, and on County State Highway No. 96
(County Road G) at Round Lake Road/Prior Avenue; and Install four(4) new Underpass Lights
between the East and West Ramps on Trunk Highway No. 10 at County State Highway No. 96
(County Road G), under State Project No. 6205-38 (T.H. 10=062) and State Aid Project No.
187-020-014,within the corporate city limits of Arden Hills.
IT IS FURTHER RESOLVED that the and the
(Title)
are authorized to execute the Agreement and any
(Title)
amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of
the County of Ramsey at an authorized meeting held on the day of
2013, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of 12013 (signature)
Notary Public (Type or Print Name)
My Commission Expires (Title)
CITY OF ARDEN HILLS
RESOLUTION
IT IS RESOLVED that the City of Arden Hills enter into MnDOT Agreement No. 02212-R with
the State of Minnesota, Department of Transportation for the following purposes:
To remove the existing Traffic Control Signal on Trunk Highway No. 10 at County State Aid
Highway No. 96 (County Road G) and on County State Aid Highway No. 96 at Round Lake
Road; and Install two (2)new Traffic Control Signals with Signal Pole Mounted Luminaires,
Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 10 at County
State Highway No. 96 (County Road G),West Ramp, and on County State Highway No. 96
(County Road G) at Round Lake Road/Prior Avenue; and Install four(4) new Underpass Lights
between the East and West Ramps on Trunk Highway No. 10 at County State Highway No. 96
(County Road G),under State Project No. 6205-38 (T.H. 10=062) and State Aid Project No.
187-020-014, within the corporate city limits.
IT IS FURTHER RESOLVED that the Mayor and the are
(Title)
authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Arden Hills at an authorized meeting held on the day of
2013, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2013 (signature)
Notary Public (Type or Print Name)
My Commission Expires (Title)
It'
,,-A EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2013-010
A RESOLUTION ENTERING INTO MN/DOT AGREEMENT NO. 02885
FOR THE US 10/HWY 96 GRADE SEPARATION PROJECT
WHEREAS, Mn/DOT and Ramsey County are working on a project to grade
separate US 10/Hwy 96, and
WHEREAS, the grade separation of US 10/Hwy 96 will require the relocation of
City utilities,
THEREFORE, BE IT RESOLVED that the City of Arden Hills enter into
Mn/DOT Agreement No. 02885 with the State of Minnesota, Department of
Transportation, for the following purposes:
To provide for the responsibility for utility design and construction to be
performed upon, along and adjacent to Trunk Highway No. 10 from 650' south of
C.S.A.H. 96 to 400' south of Prior Avenue and on C.S.A.H. 96 from I-35W to 1600' east
of T.H. 10 within the corporate City limits under State Project No. 6205-38 and S.A.P.
187-020-014.
BE IT RESOLVED that the Mayor and the City Administrator are authorized to
execute the Agreement and any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 28TH DAY OF JANUARY, 2013.
David Grant, Mayor
ATTEST:
Patrick Klaers, City Administrator
It'
,-A EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2013-011
A RESOLUTION ENTERING INTO RAMSEY COUNTY AGREEMENT
PW2013-02 FOR THE US 10/HWY 96 GRADE SEPARATION PROJECT
WHEREAS, Mn/DOT and Ramsey County are working on a project to grade
separate US 10/Hwy 96, and
WHEREAS,the City of Arden Hills will have some cost for the project according
to the Ramsey County Cost Participation Policy,
THEREFORE, BE IT RESOLVED that the City of Arden Hills enter into
Ramsey County Agreement PW2013-02,
BE IT RESOLVED that the Mayor and the City Administrator are authorized to
execute the Agreement and any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 28TH DAY OF JANUARY,2013.
David Grant, Mayor
ATTEST:
Patrick Klaers, City Administrator
It'
,- S EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2013-012
A RESOLUTION ENTERING INTO MN/DOT SIGNAL AGREEMENT
NO. 02212-R FOR THE SIGNAL SYSTEMS IN THE US 10/HWY 96 GRADE
SEPARATION PROJECT
WHEREAS, Mn/DOT and Ramsey County are working on a project to grade separate
US 10/Hwy 96, and
WHEREAS, the grade separation of US 10/Hwy 96 will include the construction of two
new signal systems,
THEREFORE, BE IT RESOLVED that the City of Arden Hills enter into Mn/DOT
Signal Agreement No. 02212-R with the State of Minnesota, Department of Transportation, for
the following purposes:
To remove the existing traffic control signal on Trunk Highway No. 10 at County State
Aid Highway No. 96 (County Road G) and on County State Aid Highway No. 96 at Round Lake
Road; and install two (2) new traffic control signals with signal pole mounted luminaries,
emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 10 at County
State Highway No. 96 (County Road G), west ramp, and on County State Highway No. 96
(County Road G) at Round Lake Road/Prior Avenue; and install four (4) new underpass lights
between the east and west ramps on Trunk Highway No. 10 at County State Highway No. 96
(County Road G), under State Project No. 6205-38 (T.H. 10-062) and State Aid Project No.
187-020-014, within the corporate City limits.
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are
authorized to execute the Agreement and any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
28TH DAY OF JANUARY,2013.
David Grant, Mayor
ATTEST:
Patrick Klaers, City Administrator