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RES 2022-21 MNDOT Agreement No. 1048186 for the Installation of Flashing Left Turn Signals TH101CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-21 RESOLUTION TO ENTER INTO MNDOT AGREEMENT NO. 1048186 FOR THE INSTALLATION OF FLASHING LEFT HAND TURN SIGNALS FOR SIGNALS ASSOCIATED WITH TH101 INTERCHANGES AT WRIGHT CSAH 36, CSAH 38 AND CSAH 42 OTHERWISE KNOWN AS IMPROVEMENT PROJECT SP 8606-35 WHEREAS it is proposed to improve signals adjacent to TH101 and enter into a MNDOT agreement with the State of Minnesota for the following purposes: To provide payment by the State to the City of Otsego of the State s share of the costs of the improving the signals adjacent to TH101 by installing flashing left hand turn signals at the interchanges of Wright CSAH 36, CSAH 38 and CSAH 42. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the Mayor and City Clerk are authorized to enter into an agreement and any amendments to the Agreement. ADOPTED by the Otsego City Council this 28th day of February, 2022. MOTION BY: Darkenwald SECONDED BY: Goede IN FAVOR: Stockamp, Dahl, Darkenwald, Goede, and Moores OPPOSED: none 1 CITY OF OTSEGO tki Jessica L. Stockamp, Mayo ATTEST: Audra Etze, City Clerk MnDOT Contract No.: 1048186 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF OTSEGO AND CITY OF SAINT MICHAEL COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 8608-35 Original Amount Encumbered Trunk Highway Number (TH): 101=187 $75,000.00 Signal System "A" ID: 1736556 Signal System "B" ID: 1736018 Signal System "C" ID: 1736416 Signal System "D" ID: 1736415 Signal System "E" ID: 1735657 Signal System "F" ID: 1736557 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Otsego, acting through its City Council ("Otsego"), and the City of Saint Michael, acting through its City Council ("Saint Michael"). Recitals 1. Otsego will perform traffic control signal systems revisions construction and other associated construction upon, along, and adjacent to Trunk Highway No. 101 at the County State Aid Highway (CSAH) No. 36 (53rd Street Northeast) Interchange (Signal System "A" and "B"), the Trunk Highway No. 101 at County State Aid Highway No. 38 (70th Street Northeast) Interchange (Signal System "C" and "D"), and at the Trunk Highway No. 101 at County State Aid Highway No. 42 (River Road Northeast) Interchange (Signal System "E" and "F") according to Otsego -prepared plans, specifications, and special provisions designated by Otsego and by the State as State Project No. 8608-35 (TH 101=187) ("Project"); and 2. Otsego requests the State participate in the costs of the traffic control signal systems revisions construction and the State is willing to participate in the costs of said construction and associated construction engineering; and 3. State Local Partnership Program (LPP) funds available for the Project will be capped; and 4. 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- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 10. Liability; Worker Compensation Claims; Insurance; 13. State Audits; 14. Government Data Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure. The terms and conditions set forth in Article 5. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. State approved Otsego plans, specifications, and special provisions designated by Otsego and by the State as State Project No. 8608-35 (TH 101=187) are on file in the office of Otsego's Engineer and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. The Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to Otsego (and its contractors and consultants) the right to occupy Trunk Highway Right -of -Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the Project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this Project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to Otsego (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right -of -Way (including the construction being performed on such right-of-way) at any time and without notice to Otsego or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may notify and require Otsego (and its contractors and consultants) to suspend their operations until Otsego (and its contractors and consultants) take all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability to Otsego (or its contractors or consultants) for exercising or failing to exercise its rights under this provision. 2.3. Traffic Control; Worker Safety. While Otsego (and its contractors and consultants) are occupying the State's Right -of -Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All Otsego, contractor, and consultant personnel occupying the State's Right -of -Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right -of -Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by Otsego's contractor with respect to such improvements (if any) will flow to the State. Otsego will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from Otsego's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, Otsego will undertake such actions as are reasonably necessary -2- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against Otsego's consultants and contractors. 2.5. Utility Relocation. The State authorizes Otsego to issue Notices and Orders for utility relocation in accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. 3. Contract Award and Construction 3.1. Quotes and Award. Otsego will receive quotes, in compliance with Minnesota State Statue 471.345 Subdivision 4, and award a construction contract to the lowest responsible quoter, subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Quote Documents Furnished by Otsego. Otsego will, within 7 days of receiving quotes for the construction contract, submit to the State's District Engineer a copy of the low quote and an abstract of all quotes together with Otsego's request for concurrence by the State in the award of the construction contract. Otsego will not award the construction contract until the State advises Otsego in writing of its concurrence. 3.3. Rejection of Quotes. Otsego may reject and the State may require Otsego to reject any or all quotes for the construction contract. The party rejecting or requiring the rejection of quotes must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after receiving quotes. Upon the rejection of all quotes, a party may request, in writing, that the quoting process be repeated. Upon the other party's written approval of such request, Otsego will repeat the quoting process in a reasonable period of time, without cost or expense to the State. 3.4. Direction, Supervision, and Inspection of Construction. A. The contract construction will be under the direction of Otsego and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. Otsego will give the District Engineer at Baxter five days' notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on Otsego and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.5. Completion of Construction. Otsego will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate Otsego official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.6. Plan Changes. The State will not participate in the cost of any contract construction that is in addition to the State participation construction covered under this Agreement unless the following conditions have been met: A. The necessary State funds have been encumbered. B. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work orders entered into by Otsego and its contractor for State participation construction are approved in writing by the State District Engineer's authorized representative. -3- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 3.7. Compliance with Laws, Ordinances, and Regulations. Otsego will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right -of -Way, Otsego will not require the contractor to follow local ordinances or to obtain local permits. 4. Right -of -Way; Easements; Permits 4.1. Otsego will obtain all rights-of-way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, Otsego will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. Otsego will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. Otsego will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 4.4. The City's will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Otsego and the City of Saint Michael to be constructed 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 2525). 5. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on TH 101 at CSAH 36 east ramp and west ramp (Signal System "A" and "B"), TH 101 at CSAH 38 east ramp/Quam Ave. and CSAH 38 west ramp/72nd Street (Signal System "C" and "D"), TH 101 at CSAH 42 east ramp/Quam Ave. and CSAH 42 west ramp (Signal System "E" and "F"). 5.1. Otsego Responsibilities for Signal System "A", "C", "D", "E", and "F". A. Power. Otsego will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems and EVP Systems. B. Minor Signal System Maintenance. Otsego will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal Systems, and luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 2565.3U, unless approved by the State's District Traffic Engineer. v. Paint and maintain the cross -street pedestrian crosswalk markings. -4- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 5.2. Saint Michael Responsibilities for Signal System "B". A. Power. Saint Michael will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems and EVP Systems. B. Minor Signal System Maintenance. Saint Michael will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal Systems, and luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 2565.3U, unless approved by the State's District Traffic Engineer. v. Paint and maintain the cross -street pedestrian crosswalk markings. 5.3. State Responsibilities for Signal System "A'; "B'; "C'; "D'; "E'; and "F". A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to Otsego and Saint Michael. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. Otsego and Saint Michael will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after Otsego and Saint Michael receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 5.4. Right -of -Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 5.5. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms for Signal System "A", "B", "C", "D", "E", and "F" as described in Agreement No. 89611M, dated June 28th, -5- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 2006 between the parties, for the intersection of TH 101 at CSAH 36 east ramp and west ramp (Signal System "A" and "B"), TH 101 at CSAH 38 east ramp/Quam Ave. and CSAH 38 west ramp/72nd Street (Signal System "C" and "D"), TH 101 at CSAH 42 east ramp/Quam Ave and CSAH 42 west ramp (Signal System "E" and "F"). 6. Basis of State Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated State participation construction items and the construction engineering cost share covered under this Agreement. 6.2. State Participation Construction. The State will participate in the following at the percentages indicated. The construction includes the State's proportionate share of item costs for Mobilization and Traffic Control. A. The State will participate in a portion of the traffic control signal systems revisions construction as shown in the Preliminary Schedule "I". The construction includes, but is not limited to, those construction items tabulated on Sheets No. 2 of the Preliminary Schedule "I". 6.3. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of the total State participation construction covered under this Agreement. 7. State Cost and Payment by the State 7.1. State Cost. $75,000.00 is the State's estimated share of the costs of the contract construction which includes the 8 percent construction engineering cost share and a $25,428.00 contingency amount as shown in the Preliminary Schedule "I." The Preliminary Schedule "I" was prepared using estimated quantities and unit prices and may include any credits or lump sum costs. Upon review of the construction contract quote documents described in Article 3.2., the State will decide whether to concur in Otsego's award of the construction contract and, if so, prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. The contingency amount is provided to cover overruns of the plans estimated quantities of State participation construction and State approved additional construction including construction engineering costs. State LPP funds are capped at $75,000.00 for this Project. 7.2. Conditions of Payment. The State will pay Otsego the full and complete lump sum amount as shown in the Revised Schedule "I" after the following conditions have been met: A. Encumbrance by the State of the State's full and complete State funded lump sum cost share as shown in the Revised Schedule "I." B. Execution of this Agreement and transmittal to Otsego and Saint Michael, including a letter advising of the State's concurrence in the award of the construction contract. C. The State's receipt of a written request from Otsego for the advancement of funds. The request will include certification by Otsego that all necessary parties have executed the construction contract. 7.3. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the lump sum amount shown in Article 7.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to Otsego. Otsego's contractor is not intended to be and will not be deemed to be a third -party beneficiary of this Agreement. Otsego's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against Otsego by Otsego's contractor. -6- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 8. 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. 8.1. The State's Authorized Representative will be: Name, Title: Address: Telephone: E -Mail: Malaki Ruranika, Cooperative Agreements Engineer (or successor) 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 (651) 366-4634 malaki.ruranika@state.mn.us 8.2. Otsego's Authorized Representative will be: Name, Title: Address: Telephone: E -Mail: Ron Wagner, City Engineer (or successor) 13400 90th St Northeast, Otsego, MN 55330 (612) 919-9657 ronw@haa-inc.com 8.3. Saint Michael's Authorized Representative will be: Name, Title: Address: Telephone: E -Mail: Nick Preisler, City Engineer (or successor) 11800 Town Center Drive Northeast, St. Michael, MN 55376 (763) 416-7936 nickp@stmichaelmn.gov 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. No 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. 9.2. 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. 9.3. 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. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, Otsego, and Saint Michael. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Liability; Worker Compensation Claims; Insurance 10.1. 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 Otsego and Saint Michael. Notwithstanding the foregoing, Otsego and Saint Michael will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorney's fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by Otsego's contractor(s) or consultant(s) or by a third party because of an act or omission by Otsego or its contractor(s) or consultant(s). -7- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 10.3. Otsego may require its contractor to carry insurance to cover claims for damages asserted against Otsego's contractor. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. Title VI/Non-discrimination Assurances Otsego agrees to comply with all applicable USDOT Standard Title VI/Non-Discrimination Assurances contained in USDOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. Otsego will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of Otsego's compliance with this provision. Otsego must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making Otsego staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. 13. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, Otsego's books, records, documents, 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. 14. Government Data Practices Otsego, Saint Michael, and the 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 Otsego and Saint Michael 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 Otsego, Saint Michael, or the State. 15. 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. 16. Termination; Suspension 16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 16.2. 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 payment of the services covered here. Termination must be by written or fax notice to Otsego. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, Otsego will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. -8- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance, and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 17. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -9- Payable Standard with Signal (Cooperative Agreements) CITY OF SAINT MICHAEL The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: -10- Payable Standard with Signal (Cooperative Agreements) MnDOT Contract No.: 1048186 MnDOT Contract No.: 1048186 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: D ate: SWIFT Purchase Order: 3000659337 CITY OF OTSEGO The undersigned certify that they have lawfully executed this contract on behalf of the Governmental U nit as required by applicable charter provisions, resolutions, or ordinances. By: Title: D ate: By: Title: D ate: Recommended for Approval: By: (District Engineer) D ate: Approved: By: (State Design Engineer) D ate: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) D ate: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -2- Payable Standard with Signal (Cooperative Agreements) PRELIMINARY SCHEDULE "I" Agreement No. 1048186 Cit of Otse ' o and the Cit of Saint Michael S.P. 8608-35 (T.H. 101=187) Preliminary: August 23, 2022 State Funds Traffic control signal systems revisions construction performed under City contract with located on TH 101 at CSAH 36 (53rd St. NE) Interchange (Signal System "A" & "B"), TH 101 at CSAH 38 (70th St. NE) Interchange (Signal System "C" & "D") located on TH 101 at CSAH 42 (River Rd. NE) Interchange (Signal System "E" & "F") STATE COST PARTICIPATION (1) Signal System Revisions From Sheet No. 2 45,900.00 Construction Engineering (8%) 3,672.00 Subtotal $49,572.00 (2) Contingency Amount 25,428.00 (3) Encumbered Amount $75,000.00 (1) Amount of advance payment as described in Article 7 of the Agreement (estimated amount) (2) For the State's use only as described in Article 7.1 of the Agreement (3) State Local Partnership Program (LPP) funds for this Project are capped at $75,000.00 -1- (1) 100% STATE 1048186 ITEM NUMBER S.P. 8608-35 WORK ITEM UNIT QUANTITY UNIT PRICE COST (1) 2021.501 MOBILIZATION LUMP SUM 0.36 5,000.00 1,800.00 2063.601 TRAFFIC CONTROL LUMP SUM 0.36 10,000.00 3,600.00 2065.616 REVISE SIGNAL SYSTEM A SYSTEM 0.50 10,000.00 5,000.00 2065.616 REVISE SIGNAL SYSTEM B SYSTEM 0.50 15,000.00 7,500.00 2065.616 REVISE SIGNAL SYSTEM C SYSTEM 0.40 20,000.00 8,000.00 2065.616 REVISE SIGNAL SYSTEM D SYSTEM 0.25 20,000.00 5,000.00 2065.616 REVISE SIGNAL SYSTEM E SYSTEM 0.50 15,000.00 7,500.00 2065.616 REVISE SIGNAL SYSTEM F SYSTEM 0.25 30,000.00 7,500.00 TOT7 T $45,900.00 (1) 100% STATE COST $45,900.00 Data is considered Non-public prior to project award. -2- CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-21 RESOLUTION TO ENTER INTO MNDOT AGREEMENT NO. 1048186 FOR THE INSTALLATION OF FLASHING LEFT HAND TURN SIGNALS FOR SIGNALS ASSOCIATED WITH TH101 INTERCHANGES AT WRIGHT CSAH 36, CSAH 38 AND CSAH 42 OTHERWISE KNOWN AS IMPROVEMENT PROJECT SP 8606-35 WHEREAS it is proposed to improve signals adjacent to TH101 and enter into a MNDOT agreement with the State of Minnesota for the following purposes: To provide payment by the State to the City of Otsego of the State s share of the costs of the improving the signals adjacent to TH101 by installing flashing left hand turn signals at the interchanges of Wright CSAH 36, CSAH 38 and CSAH 42. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the Mayor and City Clerk are authorized to enter into an agreement and any amendments to the Agreement. ADOPTED by the Otsego City Council this 28th day of February, 2022. MOTION BY: Darkenwald SECONDED BY: Goede IN FAVOR: Stockamp, Dahl, Darkenwald, Goede, and Moores OPPOSED: none 1 CITY OF OTSEGO tki Jessica L. Stockamp, Mayo ATTEST: Audra Etze, City Clerk CITY OF ST. MICHAEL RESOLUTION NO. 08-09-22-08 Resolution Approving Traffic Control Signal Agreement No. 1048186 BE IT RESOLVED that the City of St. Michael enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide Maintenance and Electrical Energy for the Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, Flashing Yellow Left Arrow, Signing, and Interconnect on Trunk Highway 101 at CSAH 36 East Ramp, in accordance with the terms and conditions set forth and contained in Agreement No. 1048186, a copy of which was before Council. WHEREAS the City of Otsego has obtained a MnDOT grant for the addition of flashing yellow arrows to six of the signal systems along TH101, and WHEREAS the City of St. Michael has already agreed to Traffic Control Signal Agreement No. 1048186, and WHEREAS MnDOT is requiring a resolution including the flashing yellow left arrows as items the City of St. Michael is responsible for maintenance and electrical energy; BE IT FURTHER RESOLVED that the Mayor and City Administrator are hereby authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained herein. Adopted by the St. Michael City Council this 9th day of August 2022. ATTEST: By:PaAOL CA_ City C erk CITY OF ST. MICHAEL, MINNESOTA By: VQ-AtU 4k Mayor CERTIFICATION: I hereby certify that the above is true and correct copy of a resolution duly passed, adopted, and approved by the City of St. Michael, County of Wright, State of Minnesota, at a duly authorized City Council Meeting held in the City of St. Michael, Minnesota on the 9th day of August 2022, as disclosed by the records of said City on file and of record in the office. City C1et1C (SEAL) Anna GA.54_