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4.3. SR 07-14-1997r~ity of River Item #4.3. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor & City Council Pat Klaers, City Admin/i~ i~rgfor July 14, 1997 Consider Signal at 197th Avenue and Highway 169 At the June 16, 1997, meeting, it was the consensus of the Council to have the city engineer prepare a resolution which would reject all bids for the signalization work at 197th Avenue and Highway 169. The resolution to reject the bids was presented to the City Council at the June 30, 1997, meeting, but this item was withdrawn from the agenda and is now back before the City Council for its consideration. Attached for your review is the June 23, 1997, memo from the city engineer and the resolution which reject the bids for signalization of this intersection. Also attached is the June 13th memo from the city engineer which reviews the bids for this signalization. There was some discussion at the June 30th meeting that the low responsible bidder had an error in his tabulation and wanted to make some adjustments in his bid proposal. The city engineer has been advised by the low responsible bidder, Electric Service Company, that their bid in the amount of $157,846.30 will stand as submitted (see attachment). If the Council rejects the bids for this signalization, then approval of the attached resolution is the only action necessary for this agenda item. If the Council has decided to approve the signalization of this intersection, then the city engineer will have a resolution at the meeting that he will distribute for Council consideration. This resolution would award the bid to the low responsible bidder which is Electric Service Company. It should be noted that if this bid is awarded, the signal will not be installed and in operation until some time in early summer, 1998. If the City Council does authorize the signalization of this intersection, then it should also consider approval of the MnDOT/City of Elk River Traffic Control Signal Agreement. This Agreement is attached for your review. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 ° Fax: (612) 441-7425 Howard R, Green Gompany QONSULTING ENGINEERS June 23. 1997 File: 230-306-20 Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: TRUNK HIGHWAY 169/197TH AVENUE SIGNAL IMPROVEMENTS Dear Council Members: As requested at the last City Council meeting, I have prepared the attached resolution which rejects all of the bids for the installation of the traffic signal at the intersection of Trunk Highway 169/197th Avenue. I have also attached, at the request of Council Member Holmgren, the signal justification reports for this signal and the recently installed signal at Trunk Highway 10 and Joplin Street. If you take the time to review these signal justification reports, you will find that both signals were somewhat similar. Neither was justified by the existing traffic at the intersection. The Trunk Highway 169/197th Avenue signal was justified by the construction of the Menards facility, and the Trunk Highway 10 and Joplin signal was justified by the strip mall and single family developments which were underway at the time the report was prepared. Some commercial type developments that are anticipated within the next two years were also used to justify the signal. If you have any questions regarding this resolution or the signal justification reports, I will be in attendance June 30, 1997, at the City Council meeting. Sincerely, Howard R. Green Company TJM/jl 306-2316.jun 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 RESOLUTION 97 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION REJECTING ALL BIDS IN THE MATTER OF THE TH 169/197TH AVENUE IMPROVEMENT OF 1997 WHEREAS WHEREAS pursuant to Resolution 97-42, competitive bids were solicited and received for the TH 169/197 Avenue improvement as set forth in the bid tabulation attached hereto and incorporated herein by this reference; and the City Council has considered the amoum of the bids and the need for the improvement at this time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. All bids for the TH 169/197th Avenue signal improvements are hereby rejected; and 2. The City Administrator is authorized and directed to forthwith return to all bidders the deposits made with their bids. Passed and adopted this 30th day of June, 1997. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk 230/306-2316.jun Howard R, Green Oompany GONSULTING ENGINEER8 June 13, 1997 File: 230-306-20 I'0~11,I'1,~1; Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: TRUNK HIGHWAY 169/197TH AVENUE SIGNALIZATION CONSTRUCTION BIDS Dear Council Members: We have tabulated the bids that were received on Thursday, June 12, 1997, for the signalization of the TH 169/197th Avenue intersection. There were a total of five bidders. The following list provides the bidders and their total bids. Electric Service company Design Electric, Inc. Electric Installation Kilmore Electric Collisys, Inc. $157,846.30 166,775.00 172,107.69 181,466.79 185,086.75 As we have discussed previously, the bid included four items. First was the signal system, second an emergency vehicle preemption system, third was an interconnect between the new signal at 197th Avenue and the next signal to the south at Jackson/193rd Avenue, and the last thing that was included in this bid were sign panels and a crosswalk. The engineer's estimate was $195,000. The Iow bidder is approximately 23% under this estimate. Since the bid was just received last Thursday and this is a Contractor we have not worked directly with in the past, we have not had time prior to Monday evening's meeting to check references. However, at the time that the City Council authorized advertisement for bids on this project, there was some discussion whether or not the project should be built at this time. We would like to have some direction as to whether or not the Council wishes to award this bid. If the Council does want to award the bid, we would do reference checks and come back at a later meeting with a resolution for the City Council's consideration. 1326 Energy Park Drive · St. Paul MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 Desion/Build July 8, 1997 Howard R. Green Company 1326 Energy Park Drive St. Paul, MN 55108 Attn: Mr. Terry Maurer Re: Elk River Traffic Signal T.H. 169 @ 197th HOWARD R, GREEN CO. JUL 0 9 1997 Dear Mr. Maurer: After talking with Mr. Brotzler late Thursday, July 3rd and reviewing our bid, we have decided to waive our clerical error and proceed with the project if the City of Elk River awards us the project. I am sorry for any inconvenience and am looking forward to working with you on this project. Our project manager will be Andy Patrias. Please contact Andy or myself if you have any questions. Yours truly, ELECTRIC SERVICE C0. OF MPLS, INC. J E. Peterson President JEP/mja 1609 CHICAGO AVE. MINNEAPOLIS, MN 55404 Phone: 332-1465 FAX: 332-6365 WE ARE AN EQUAL OPPORTUNITY EMPLOYER BID TABULATION PROJECT: TH 169 AT 197TH AVENUE SIGNAL SYSTEM (230-306-20) OWNER: CITY OF ELK RIVER, MINNESOTA OPENING DATE: IUNE 12, 1997 ENGIN£ER: MSA, CONSULTING ENGINEERS BASE BID 2564.53 F & I SIGN PANELS TYPE D - SIGNALS SF 47.5 45.00 2,137.50 33.62 1,596.95 32.55 1,546.13 34.10 1,619.75 34.50 1,638.75 0564.603 24' SOLID LINE WItlTE - POLY PREFORMEDLF 60 21.50 1,290.00 16.15 969.00 15.75 945.00 21.82 1,309.20 16.50 990.00 0564.604 ZEBRA CROSSWALK - WHITE POLY PREFORME SF 1032 10.90 11,248.80 12.25 12,642.00 12.08 12,466.56 10.87 11,217.84 12.75 13,158.00 2565.51FULL T ACT T CONTROL SIGNAL SYSTEM SIG SYS I 130,970.00 130,970.00 132,577.00 132,577.00 134,350.00 134,350.00 149,900.00 149,900.00 149,000.00 149,0~0.00 0565.601 EMERGENCY VEHICLE PREEMPTION SYSTEM LS I 4,200.00 4,200.00 5,212.05 5,212.05 7,000.00 7,000.00 4,745.00 4,745.00 6,000.00 6,000.00 0565.601 TRAFFIC CONTROL INTERCONNI~CTION LS I 8,000.00 8,000.00 13,778.00 13,778.00 15,800.00 15,800.00 12,675.00 12.675.00 14,300.00 14,300.00 T BASE BID-TOTAL 157,846.30 166,775.00 172,107.69 181,466.'/9 185,086.75 BID SUMMARY BASE BID--TOTAL 157,846.30 166,775.00 172,107.69 181,466.79 185,0fl6.75 BASE BID TOTAL 157,846.30 166,775.00 172,107.69 181,466.79 185,086.75 I HEREBY CERTIFY THAT THIS IS AN ACCURATE TABULATION OF THE BIDS RECEIVED FOR TIlE ABOVE MENTIONED PROIECT. DATE: JUNE 13, 1997 MN REG. NO.: 15316 n:\clcrical\230306BT. X LS PAGE I MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 76123 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELK RIVER TO Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption, Advance Warning Flashers and Signing on Trunk Highway No. 169 at 197th Avenue Northwest; and Install Interconnect on Trunk Highway No. 169 from 197th Avenue Northwest to 193rd Avenue Northwest - Jackson Road Northwest in Elk River, Sherburne County, Minnesota. S.P. 7106-59 S.A.P. 204-116-01 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE City of Elk River $7,750.00 AMOUNT ENCUMBERED $86,400.00 ~4n/DOT Accounting Infor~aation: Vendor Number: Fiscal Year: I Agency: T-79 Contract · Number/Date/Entry Initials Order: Number/Date/Signatures [Individual signing certifies that funds have been encumbered as required by Minn. Stat. ~ 16A.15.] Budget Office. (Authorized Signature) THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Elk River, hereinafter referred to as the "City", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1994) 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; and WHEREAS, it is justified and considered mutually desirable to install a new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and signing on Trunk Highway No. 169 at 197th Avenue Northwest; and install interconnect on Trunk Highway No. 169 from 197th Avenue Northwest to 193rd Avenue Northwest - Jackson Road Northwest; and WHEREAS, the City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, hereinafter referred to as the "EVP System", as a part of the new traffic control signal installation on Trunk Highway No. 169 at 197th Avenue Northwest, and in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is considered in the public's best interest for the State to provide two (2) pedestal shafts and bases and a new cabinet and controller for said new traffic control signal. 76123 1 Such materials as described immediately above shall hereinafter be referred to as "State furnished materials"; and WHEREAS, the City and State will participate in the cost, maintenance and operation of the new traffic control signal with street lights, EVP System, advance warning flashers and signing, and the interconnect, as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering". The City shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supply to the service pole or pad, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The City with its own forces and equipment or by contract shall perform the traffic control signal and interconnect work provided for under State Project No. 7106-59 and State Aid Project No. 204-116-01 with the Construction Costs shared as follows: 76123 2 a) Trunk Highway No. 169 at 197th Avenue Northwest. Install a new traffic control signal with street lights, EVP System, advance warning flashers and signing. Estimated Construction Cost is $152,000.00. State's share is 50 percent. City's share is 50 percent. b) On Trunk Highway No. 169 from 197th Avenue Northwest to 193rd Avenue Northwest - Jackson Road. Install interconnect. Estimated Construction Cost is $8,000.00. State's share is 50 percent. City's share is 50 percent. 4. The State will furnish to the City the State furnished materials to be installed with the City work provided in Paragraph 3. Estimated cost for State furnished materials is State's share is 50 percent. City's share is $15,500.00. 50 percent. 5. Upon execution of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to its portion of the costs as specified in Paragraph 4. The City's costs shall be based on the estimated costs for State furnished materials. 6. Upon compilation of the actual costs for State furnished materials, the amount of the funds advanced by the City 76123 3 in excess of the City's share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 7. Upon completion of the work provided for in Paragraph 3 hereof to the satisfaction of the State's District Engineer at Brainerd or his duly authorized representative, the State shall pay to the City the State's share of the actual Construction Costs plus eight (8) percent of its share for the Cost of Engineering and Inspection. 8. The amount to be encumbered for payment to the City from Trunk Highway Funds for the construction work performed under this Agreement is $86,400.00, which is the State's share of the Construction and Engineering and Inspection Costs. In the event that at any time it appears that such reimbursement will exceed said sum, the City shall promptly notify the State's District Engineer at Brainerd or his duly authorized representative of the reason for the increase in cost and the amount of additional funds necessary to complete the project. If approved by the State's District Engineer at Brainerd or his duly authorized representative, additional funds shall be encumbered by the State and notice by the State's District Engineer at Brainerd or his duly authorized representative to the City of that additional encumbrance will permit the City to complete this project. 76123 --4-- 9. Payment to the City will be made by the State for such work which is complete and approved and upon submission by the City of an invoice in quintuplicate itemizing the actual Construction Cost and certified by a responsible City official that said work has been completed under the terms of this Agreement. The invoice and supporting records are subject to audit by the State's representative at the direction of the State. 10. In the event the City advertises for bids for all or a portion of the work in Paragraph 3 hereof, the City shall submit to the State a certified copy of the low bid received and an abstract of all bids received by the City, together with the City's request for concurrence by the State in the award of a construction contract. Award of the contract shall not be made until the State advises the City in writing of its concurrence. 11. The construction work provided for herein shall be under the direction and supervision of the City. It is agreed, however, that the State shall have the right to periodically inspect said cost sharing construction work. 12. The City shall provide an adequate electrical power supply to the service pad or pole, and upon completion of said new traffic control signal with street lights and advance warning flashers installation shall provide necessary electrical power for its operation at the cost and expense of the City. 76123 --5-- 13. Upon completion of the work contemplated in Paragraph 3 hereof, it shall be the City's responsibility, at its cost and expense, to: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the new traffic control signal, advance warning flashers and street lights, except for the Red LED signal indications and the Pedestrian Don't Walk LED indications which shall be relamped by the State for the 5 year warranty period and by the City thereafter; and (3) clean and paint the new traffic control signal, advance warning flashers, cabinet and luminaire mast arm extensions. It shall be the State's responsibility, at its cost and expense, to maintain the signing and interconnect and to perform all other traffic control signal, advance warning flasher and street light maintenance. 14. The EVP System provided for in Paragraph 3 hereof shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) Ail maintenance of the EVP System shall be done by State forces. b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the State's District Engineer or his 76123 6 duly appointed representative a list of all such vehicles with emitter units. c) Malfunction of the EVP System shall be reported to the State i~mediately. d) In the event said EVP System or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the State. e) All timing of said EVP System shall be determined by the State through its Commissioner of Transportation. 15. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any 76123 --7-- third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the State. The City shall not be responsible under the Worker's Compensation Act for any employees of the State. 16. Timing of the new traffic control signal provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 76123 --8-- APPROVED AS TO FORM: CITY OF ELK RIVER City Attorney By Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION District Engineer Operations Division By Assistant Commissioner Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION Assistant Attorney General State of Minnesota By Dated DEPARTMENT OF FINANCE By Dated 76123 --~-- RESOLUTION BE IT RESOLVED that the City of Elk River enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install a new traffic control signal with street lights, emergency vehicle pre-emption, advance warning flashers and signing on Trunk Highway No. 169 at 197th Avenue Northwest; and install interconnect on Trunk Highway No. 169 from 197th Avenue Northwest to 193rd Avenue Northwest - Jackson Road Northwest in accordance with the terms and conditions set forth and contained in Agreement No. 76123, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. State of Minnesota County of Sherburne City of Elk River CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Elk River at a duly authorized meeting thereof held on the day of , 1997, as shown by the minutes of said meeting in my possessmon. City Clerk (Seal)