4.4. SR 08-31-1998Item 4.4.
Howard R, Green Company
CONSULTING ENGINEERS
August 26, 1998
File: 803370J-0060
CO~dSIILT[~G E~GIN~
Formerly MSA
Consulting Engineers
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
MN/DOT COOPERATIVE AGREEMENT
SIGNAL EVP AND LED WORK
Dear Mr. Klaers:
We have received and reviewed the cooperative agreement, drafted by the
Minnesota Department of Transportation, for the installation of an Emergency
Vehicle Preemption (EVP) system and LED signal indicators at the various signals
in the City of Elk River. As you are aware, the EVP system will allow all
emergency vehicles equipped with emitters to change the signal light to a "green"
phase while crossing through the intersection. The LED signal indicators are
replacing the current green, yellow, and red bulbs with new equipment, which
should last much longer and be much lower on energy use. The following table
gives a breakdown of each intersection, the improvements to be made at the
intersection, and the estimated cost broken down between City and State share.
Intersection EVP ,LED City Cost State Cost Total Cost
TH 10/Main Street
TH 10/Jackson Avenue
TH 10/Proctor Avenue
TH 10/Joplin Street
TH 169/197th Avenue
TH 169/Jackson Road (193rd Ave.)
TH 169/School Street
TH 169/Main Street
TH 169/TH 10
School Street/Freeport Avenue
School Street/Jackson Avenue
x x $15,757.50 $15,757.50 $31,515.00
x x $14,184.50 $14,184.50 $28,369.00
x x $15,684.50 $15,684.50 $31,369.00
x $7,544.00 $7,544.00 $15,088.00
x $7,755.00 $7,755.00 $15,510.00
x x $16,959.50 $16,959.50 $33,919.00
x x $15,459.50 $15,459.50 $30,919.00
x x $16,959.50 $16,959.50 $33,919.00
x x $18,933.00 $18,933.00
x x $26,295.00 $26,295.00
x x $27,519.00 $27,519.00
TOTAL
$164,118.00 $129,237.00 $293,355.00
\\Elkriver~sys\SH RDOC\COU NCIL\370_2602.DOC
1326 Energy Park Drive · St. Paul, MN 55108 ° 612/644-4389 fax 612/644-9446 toll free 800/888-2923
Mr. Pat Klaers
August 26, 1998
Page 2
The above costs represent estimated construction costs. They do not include
overhead. Mu/DOT agrees to pay 8% of the construction cost as its share of
engineering and inspection. Mn/DOT has agreed to furnish and install three new
cabinet controllers and modify six existing cabinet controllers. This is the portion
shown on the front of the cooperative agreement as the estimated amount
receivable to Mu/DOT from the City of $23,650.00. The remaining language within
the agreement is pretty standard. Mn/DOT will not provide theft portion of the cost
until the project is complete and an invoice is submitted. Mu/DOT will be
responsible for maintenance of the EVP systems. All other maintenance and
operation terms will remain in effect as provided for in the existing signal
agreements for each intersection.
There is a resolution attached to the agreement, essentially approving the
agreement and authorizing City officials to execute the agreements. We have
reviewed these and would recommend adoption of the resolution. If you have any
questions, I will be in attendance at your August 31, 1998 City Council meeting.
Sincerely,
Howard R. Green Company
Terry J/Maurer, P.E.
TJM/st
Enclosures
Howard R, Green Qompany
,.,CONSULTING
\~Elkdver~sys\SHRDOC\COUNClL~370_2602.DO~ ENGINEERS
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 77895R
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ELK RIVER
TO
Install Emergency Vehicle Pre-emption and LED Signal Indications
at the existing Traffic Control Signals on Trunk Highway No. 10
at Main Street, at Jackson Avenue, and at County State Aid
Highway No. 1 (Proctor Avenue Northwest) - Proctor Avenue
Northwest, on Trunk Highway No. 169 at Jackson Road Northwest -
193rd Avenue Northwest, at School Street Northwest - Elk Hills
Drive, at Main Street - Nowthen Road, and at Trunk Highway No. 10
North Ramps, and on School Street Northwest at Freeport Avenue,
and at Jackson Avenue; and Install LED Signal Indications at the
existing Traffic Control Signals on Trunk Highway No. 10 at
Joplin Street Northwest, and on Trunk Highway No. 169 at
197th Avenue Northwest in Elk River, Sherburne County, Minnesota.
S.P. 7102-97 and 7106-63
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
~it¥ of Elk River $23,650.00
AMOUNT ENCUMBERED
$139,575.96
Mn/DOT Accounting Information:
Vendor Number:
Fund:
Fiscal Year: Agency: T-79
Contract ·
Number/Date/Entry Initials
Order.
Number / Da [e / Signatures
['individual signing certifies ~ha[ funds have been
encumbered as required by Minn. S~a~. ~ !6A.i5.]
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 emergency vehicle pre-emption and LED signal
indications at the existing traffic control signals on Trunk
Highway No. 10 at Main Street, at Jackson Avenue, and at County
State Aid Highway No. 1 (Proctor Avenue Northwest) - Proctor
Avenue Northwest, on Trunk Highway No. 169 at Jackson Road
Northwest - 193rd Avenue Northwest, at School Street Northwest -
Elk Hills Drive, at Main Street - Nowthen Road, and at Trunk
Highway No. 10 North Ramps, and on School Street Northwest at
Freeport Avenue, and at Jackson Avenue; and install LED signal
indications at the existing traffic control signals on Trunk
Highway No. 10 at Joplin Street Northwest, and on Trunk Highway
No. 169 at 197th Avenue Northwest; and
WHEREAS, the City requests and the State agrees to
provide Emergency Vehicle Pre-emption Systems, hereinafter
77895R
1
referred to as the "EVP Systems", as a part of the existing
traffic control signal installations 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 furnish and install three (3) new cabinets and
controllers and perform the EVP Systems modifications on six (6)
cabinets and controllers. Such materials and work as described
immediately above shall hereinafter be referred to as "State
furnished materials and force account work"; and
WHEREAS, the City and the State will share in the cost,
operation, maintenance and removal of the EVP Systems, and the
cost of the LED signal indications 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, shall constitute the actual
"Construction Cost" and shall be so referred to hereinafter.
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3. The City with its own forces and equipment or by
contract shall perform the EVP System work and the LED signal
indication work provided for under State Project No.'s 7102-97
and 7106-63 with the Construction Costs shared as follows:
a) Trunk Highway No. 10 at Main Street.
c)
Install
EVP System and LED signal indications.
Estimated Construction Cost is $31,515.00.
City's share is 50 percent. State's share is
50 percent.
Trunk Highway No. 10 at Jackson Avenue.
Install EVP System and LED signal
indications. Estimated Construction Cost is
$28,369.00. City's share is 50 percent.
State's share is 50 percent.
Trunk Highway No. 10 at County State Aid
Highway No. 1 (Proctor Avenue Northwest) -
Proctor Avenue Northwest. Install EVP System
and LED signal indications. Estimated
Construction Cost is $31,369.00. City's
share is 50 percent. State's share is
50 percent.
Trunk Highway No. 10 at Joplin Street
Northwest. Install LED signal indications.
Estimated Construction Cost is $15,088.00.
77895R
--3--
e)
£)
h)
City's share is 50 percent. State's share is
50 percent.
Trunk Highway No. 169 at 197~h Avenue
Northwest. Install LED signal indications.
Estimated Construction Cost is $15,510.00.
City's share is 50 percent. State's share is
50 percent.
Trunk Highway No. 169 at Jackson Road
Northwest - 193rd Avenue Northwest. Install
EVP System and LED signal indications.
Estimated Construction Cost is $33,919.00.
City's share is 50 percent. State's share is
50 percent.
Trunk Highway No. 169 at School Street
Northwest - Elk Hills Drive. Install EVP
System and LED signal indications. Estimated
Construction Cost is $30,919.00. City's
share is 50 percent. State's share is
50 percent.
Trunk Highway No. 169 at Main Street -
Nowthen Road. Install EVP System and LED
signal indications.
Cost is $33,919.00.
50 percent.
Estimated Construction
City's share is
State's share is 50 percent.
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--4--
i) Trunk Highway No. 169 at Trunk Highway No. 10
North Ramps. Install EVP System and LED
signal indications. Estimated Construction
Cost is $18,933.00. State's share is
100 percent.
j) School Street Northwest at Freeport Avenue.
Install EVP System and LED signal
indications. Estimated Construction Cost is
$26,295.00. City's share is 100 percent.
k) School Street Northwest at Jackson Avenue.
Install EVP System and LED signal
indications. Estimated Construction Cost is
$27,519.00. City's share is 100 percent.
4. The State will provide the State furnished
materials and perform the force account work in conjunction with
the City work provided in Paragraph 3. Estimated cost for the
State furnished materials and force account work for
Paragraph 3a, 3b, 3c, 3f, 3g and 3h is $16,300.00. City's share
is 50 percent. State's share is 50 percent. Estimated cost for
the State furnished materials and force account work for
Paragraph 3j and 3k $15,500.00. City's share is t00 percent.
Estimated cost for the State furnished materials for Paragraph 3i
is $15,000.00. State's share is 100 percent.
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--5--
5. Upon execution and approval of this agreement and
a request in writing by the State, the City shall advance to the
State an amount equal to its share of the costs as specified in
Paragraph 4. The City's costs shall be based on the estimated
costs for State furnished materials and force account work.
6. Upon compilation of the actual costs for State
force account work, the amount of the funds advanced by the City
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 work performed under this
Agreement is $139,575.96, 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
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--6--
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.
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,
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--7--
however, that the State shall have the right to periodically
inspect said cost sharing construction work.
12. The EVP Systems 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 Systems 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
duly appointed representative a list of all
such vehicles with emitter units.
c) Malfunction of the EVP Systems shall be
reported to the State immediately.
d) In the event said EVP Systems 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
Systems. Upon removal of the EVP Systems
77895R
8
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 City.
e) Ail timing of said EVP Systems shall be
determined by the State through its
Commissioner of Transportation.
13. Ail maintenance and operation terms (including
timing), and the power provisions of the existing traffic control
signals provided for in Paragraph 3, shall remain as provided for
in the existing agreements.
14. 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
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.
15. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the City and any and all claims that may or might arise under the
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Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
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 City.
77895R
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APPROVED AS TO FORM:
CITY OF ELK RIVER
City Attorney
By
Mayor
(City Seal)
By
City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOPIMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
District Engineer
Operations Division
By
Assistant Commissioner
Dated
APPROVED AS TO FOR/~ AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
Assistant Attorney General
State of Minnesota
By
Dated
77895R
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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 emergency vehicle pre-emption and LED signal
indications at the existing traffic control signals on Trunk
Highway No. 10 at Main Street, at Jackson Avenue, and at
County State Aid Highway No. 1 (Proctor Avenue Northwest) -
Proctor Avenue Northwest, on Trunk Highway No. 169 at
Jackson Road Northwest - 193rd Avenue Northwest, at School
Street Northwest - Elk Hills Drive, at Main Street - Nowthen
Road, and at Trunk Highway No. 10 North Ramps, and on School
Street Northwest at Freeport Avenue, and at Jackson Avenue;
and install LED signal indications at the existing traffic
control signals on Trunk Highway No. 10 at Joplin Street
Northwest, and on Trunk Highway No. 169 at 197th Avenue
Northwest in accordance with the terms and conditions set
forth and contained in Agreement No. 77895R, 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 , 1998, as shown by
the minutes of said meeting in my possession.
City Clerk
(Seal)