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5.5. SR 06-24-2002MEMORANDUM Item # 5.5. TO: Mayor and Council FROM: Tina Allard, Executive Secretary DATE: June 24, 2002 SUBJECT: Consider Approval of Mn/DOT Signal Agreement for TH 10/Waco Street Intersection City Engineer Terry Maurer will distribute the information for this item at the Monday, June 24, 2002, City Council meeting. t Howard R ,Green Company June 24, 2002 File: 814060J-0060 The Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: TRUNK HIGHWAY 10NVACO STREET TRAFFIC SIGNAL AGREEMENT Dear Council Members: Attached is a copy of the Traffic Signal Agreement prepared by the Minnesota Department of Transportation (Mn/DOT) for the signal system installation at the intersection of Trunk Highway 10 (TH 10) and Waco Street. As we have previously discussed, this signal will be 50 percent funded by the City and 50 percent funded by Mn/DOT. The agreement is similar to all of the previous signal agreements between Mn/DOT and the City. It requires the City to construct the signal system, and after construction the City is responsible for energy costs, relamping, and painting the signal system when necessary. Mn/DOT will be responsible for signal timing and other operational maintenance of the signal system. Attached is a resolution also prepared by Mn/DOT which is part of the agreement. It authorizes the Mayor and City Administrator to execute the signal agreement on behalf of the City. We would recommend City Council adoption of this resolution. If you have any questions regarding this issue, I will be in attendance at your June 24, 2002, City Council meeting. Sincerely, Howard R. Green Company T e rw J.~au~'~r~''¢/''1'~ TJM/mw Enclosure Ltr-062102-Council 1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389 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, advance warning flashers, emergency vehicle pre-emption and signing on Trunk Highway No. !0 at Waco Street Northwest in accordance with the terms and conditions set forth and contained in Agreement No. 83307R, 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 any amenc%r~ents, 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 , 2002, as shown by the minutes of sa'id meeting in my possession. City Clerk (Seal MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 83307R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELK RIVER TO Install a new Traffic Control Signal with Street Lights, Advance Warning Flashers, Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 10 at Waco Street Northwest in Elk River~ Sherburne County, Minnesota. S.P. 7102-104 S.A.P. 204-126-04 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE City of Elk River $1!,000.00 AMOUNT ENCUMBERED $12!,500.00 PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Elk River, (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 desire to install a new traffic control signal including street lights, advance warning flashers and signing, (Traffic Control Signal) at the location(s) set out in this agreement. The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System), as a part of the new Traffic Control Signal installation. It is in the public's best interest for the State to provide a new cabinet and controller, (State-furnished Materials) for said new Traffic Control Signal. 83307R 1 The City and State will participate in the cost, maintenance and operation of the new Traffic Control Signal and EVP System. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). will also perform all necessary construction inspection, (Engineering and Inspection). 2. The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3. The City, with its own resources or by contract, will install a new. Traffic Control Signal and EVP System on Trunk Highway No. 10 at Waco Street Northwest pursuant to the plan and specifications for State Project No. 7102-104 and State Aid Project No. 204-!26-04. Estimated Construction Cost is $225,000.00. State's share is 50 percent. City's share is 50 percent. The City 83307R 2 4. The State will furnish materials to be installed with the City work provided in Paragraph 3. Estimated cost for State-furnished Materials is $22,000.00. 50 percent. City's share is 50 percent. 5. State's share is Upon execution of this agreement and receipt of State's written request, the City will make an advance payment to the State of its share of the estimated costs as specified in Paragraph 4. 6. After the State determines the actual costs for State-furnished materials, if the amount of the funds advanced by the City exceeds the City's share, the excess will be promptly returned to the City without interest. If the amount of funds advanced by the City is less than the actual costs, the City will promptly pay the balance to the State. 7. The work provided for in Paragraph 3 must be completed to the satisfaction of the State's District Engineer at Brainerd or his/her designated representative. Upon satisfactory completion, the State will pay to the City the State's share of the actual Construction Costs plus eight percent of its share for the cost of Engineering and Inspection.. 8. The State's estimated obligation under this agreement is $121,500.00. This estimate consists of the State's share of the Construction Costs and Engineering and Inspection 83307R --3-- costs. If it appears likely, at any time, that the actual project costs will require an adjustment in the State's estimated obligation, the City will immediately request such adjustment from State's District Engineer at Brainerd or his/her designated representative. The State will review and, subject to the availability of State funds, approve, reject or modify the City's request. If the State approves such request, the State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the City prior to receiving notice to proceed may not be reimbursed by the State. The State's maximum obligation under this contract will not exceed 120% of the amount shown in this Paragraph as the State's estimated obligation, except by a fully-executed amendment to this agreement. 9. The State will promptly pay for work which is satisfactorily completed after the City submits an invoice, in quintuplicate, itemizing the actual Construction Cost. The invoice must be signed by a responsible City official certifying that the work has been completed in compliance with this Agreement. The City's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative 83307R --4-- Auditor, as appropriate for a minimum of six years from the completion of the construction of this project. 10. If the City solicits bids for all or part of the work in Paragraph 3, the City will submit to the State a certified copy of the low bid received and an abstract of all bids received by the City. The City must request and obtain the State's written concurrence prior to awarding a construction contract. 1!. The City will 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 ail monthly electrical service expenses necessary to operate the Traffic Control Signal and EVP System. 12. Upon completion of this project, the City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaire when necessary; (2) re!amp the new traffic control signal, advance warning flashers and street lights; and (3) clean and paint the new traffic control signal, advance warning flashers, cabinet and luminaire mast arm extensions. The State will, at its cost and expense, maintain the signing and perform all other traffic control signal, advance warning flasher and street light maintenance. 83307R --5-- 13. The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) Ail maintenance of the EVP System must be done by State forces. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or his/her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP System must be reported to the State immediately. d) 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 above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon 83307R --6-- removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the City. e) Ail timing of the EVP System will be determined by the State. 14. 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. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 15. Ail timing of the new Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 16. 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. 17. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 18. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding 83307R 7 this Agreement, whether written or oral, may be used to bind either party. 19. Minnesota law governs this Agreement. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 20. 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. The State may immediately terminate this Agreement at any time if it does not obtain funding from the Minnesota legislature, or other funding source, or if funding can not be continued at a level sufficient to complete the work under this Agreement. 83307R --8-- STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §~ 16A.15 and 16C.05. c~s Oo~ao~ ~o. ~- ~ Z~ APPROVED AS TO FORM: CITY OF ELK RIVER City Attorney By' Mayor Date. (City Seal) By: City Administrator Date: 83307R --9-- DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: District Engineer Operations Division DEPARTMENT OF TRANSPORTATION By: Assistant Commissioner Date: COPIMISS!ONER OF ADMINISTRATION As delegated to Materials Management Division ATTORNEY GENERAL As to form and execution By: By. Date: Date: 83307R -10- 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, advance warning flashers, emergency vehicle pre-emption and signing on Trunk Highway No. 10 at Waco Street Northwest in accordance with the terms and conditions set forth and contained in Agreement No. 83307R, 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 any amendments, 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 2002, as shown by the minutes of said meeting in my possession. City Clerk (Seal)