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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. 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