HomeMy Public PortalAbout1992-015Member -),c" introduced the following resolution and
moved it adoption:
CITY OF MEDINA
RESOLUTION NO r4) `/
APPROVING THE PARTICIPATION IN SIGN REPLACEMENT PROGRAM
WITH HENNEPIN COUNTY
WHEREAS,the agreement for participation in the regulatory
and warning sign replacement program , Hennepin County Project
No. 9105 and 9106, Agreement No. PW 09-36-91 has been prepared
and presented to the city,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Medina that said agreement be in all things approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to sign Agreement No. PW 09-36-91, Hennepin County
Project No. 9105 and 9106.
DATED: YM47- , 1992
ATTEST;
tp0-77
Laura L. onroe, Acting Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by member °/,I,?kv. - / and upon vote bei,p g taken
thereon, the following voted in favor thereof: /V/'0M/'6,P, WVAo//
T-?ip5)z,�flo�
and the following voted against same: 40/1
Whereupon said resolution was declared duly passed and adopted.
Agreement No. PW 09-36-91
County Project No. 9105 & 9106
City of Medina
County of Hennepin
AGREEMENT FOR PARTICIPATION IN THE REGULATORY AND WARNING
SIGN REPLACEMENT PROGRAM
AGREEMENT, Made and entered into this ' ) // day of //l"i%7,,/ , 19 'y;; ,
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
Medina, 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
Agreement No. PW 09-36-91
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 "B") 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.
Agreement No. PW 09-36-91
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 "B"
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-
Agreement No. PW 09-36-91
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.
IX
The County Engineer will prepare monthly progress reports as provided in the
specifications. A copy of these reports will be furnished to the City upon request.
X
A11 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. A11 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
Agreement No. PW 09-36-91
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 may or 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 may or 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 09-36-91
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.
CITY OF MEDIN
(Seal) B
ayor
Date:
And: % �� �T, l.(i- %/\ /f y(, (0
Manager f),!.r,'n;-A
Date: ./ l n (.l:/t / I." -
COUNTY OF HENNEPIN
ATTEST:
By: By:
Clerk of the County Board Chairman of its County Board
Date:
Date:
And:
Upon proper execution, this agreement Associate County Administrator
will be legally valid and binding. / // and County Engineer
By:
Assistant County Attorney
Date:
i
Approved as to execution
Date:
RECOMMENDED FOR APPROVAL
By.
By: Director, Department of Public Works
Assistant County Attorney
Date:
Date:
-6-
APPLICATION
We have reviewed the Project Description and the Intent to
Participate. We intend to participate in the Hazard
Elimination Safety Program for local roads. It is understood
that reimbursement will be 90% of the total eligible costs
attributed to a comprehensive sign/device inventory*,
materials and installation. Although no submittal deadline
is indicated, we understand that the funds are limited and
available on a "First Come, First Served" basis.
(* Those counties and cities who previously received Federal
Aid for sign inventories are not eligible for re -inventory
reimbursement under this program.)
Signidevice
inventory
will be conducted by: Circle response
or CONTRACT
Furnish/install phase will be conducted by: Circle response
COUNTY ENGINEER or CONTRACT or OTHER
We understand that the sign/device inventory will not begin
until we receive authorization from MnDOT to proceed.
Instructions for the inventory phase will accompany the
authorization to proceed.
Upon approval of the inventory, the project manager may
proceed with the project.
We understand that reimbursement is contingent on approval of
the field inspection, the materials certification and
satisfactory review of claims documents.
Estimated mileage to be inventoried:
- cnnn nOSS1b1�', -th1s fall
Estimated inventory start date
CITY OF MEDINA
42
County. TcjT1 ity or Township
Off cial sign- ure
2052 CO. RD 24
HAMEL
Address
9-15-87
Date signed
55340 -
MN.
City Zip Code
Mail the Intent to Participate and the Application to:
Nancy Mahle, Manager
=09 Transportation Building, St. Paul, MN 55155
Page 11
Henn. Co. Agrmt. No. PW 09-36-91
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