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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. 77895R --2-- 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. 77895R --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. 77895R --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 77895R --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, 77895R --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 77895R --9-- 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 -10- 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 -11- 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)