5.1. SR 04-12-1999
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ITEM #5.1.
Howard R. Green Company
CONSULTING ENGINEERS
April 8, 1999
File: 801760J-0071
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: TRUNK HIGHWAY 10/171 ST AVENUE SIGNAL
Dear Council Membeffi:
As you may be aware, prior to considering the award of the bid for the Trunk Highway
10/171st Avenue Signal improvement, it will be necessary to approve the MnDOT Signal
Agreement. This document details the cost split between MnDOT and the City, and also
talks about which agency is responsible for what maintenance. As of this time, we have
not received this document from MnDOT. However, we have been assured that it will be
available by Monday. If it is available Monday evening, I will present it at the City
Council meeting with a recommendation.
Sincerely,
Howard R. Green Company
~frfaaW
Terry J. Maurer, P.E.
T JM:tw
O:\PROJ\80 1760j\ 760-0801.apr99.doc
1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 78696R
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 and Signing; and Construct certain
Intersection Improvements on Trunk Highway No. 10 at 171st Avenue
Northwest in Elk River, Sherburne County, Minnesota.
S.P. 7101-53
S.A.P. 204-010-05 and 204-132-02
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
AMOUNT ENCUMBERED
City of Elk River $8,200.00
$118,481.65
Mn/DOT Accounting Information:
Vendor Number:
I Fiscal Year:
I Appr:
I Agency: T-79
I Amount:
Fund:
I Org/Sub:
Contract:
Number/Date/Entry Initials
Order:
Number/Date/Signatures
[Individual signing certifies that funds have been
encumbered as required by Minn. Stat. 316A.15.]
Budget Office:
(Authorized Signature)
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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 (1999)
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 and signing; and construct
certain intersection improvements on Trunk Highway No. 10 at
171st Avenue Northwest; and
WHEREAS, the County 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. 10 at
171st 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.
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78696R
-1-
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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 and signing, and the cost of the
intersection improvements, 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 install a new traffic control signal with street
lights, EVP System and signing; and construct certain
intersection improvements on Trunk Highway No. 10 at 171st Avenue
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78696R
-2-
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Northwest in accordance with State Project No. 7101-53 and State
Aid Project No.'s 204-010-05 and 204-132-02. A Preliminary
SCHEDULE "I" attached hereto and made a part hereof includes the
estimated Construction Costs, anticipated State's and City's
share of the Construction Costs, and the State's share of the
cost for Engineering and Inspection.
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
$20,500.00. State's share is 60 percent. City's share is
40 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
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.
78696R
-3-
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7. 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 the construction contract. The State
shall then decide whether to concur in the City's award of the
construction contract and, if so, prepare a revised SCHEDULE "I"
based on construction contract unit prices. Award of the
contract shall not be made until the State advises the City in
writing of its concurrence.
8. The amount to be encumbered for paYment to the
City from Trunk Highway Funds for the construction work performed
. under this Agreement is $118,481.65, which is the State's share
of the Construction Costs plus 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
Assistant Division Engineer at Roseville 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 Assistant Division Engineer at Roseville
or his duly authorized representative, additional funds shall be
encumbered by the State and notice by the State's Assistant
Division Engineer at Roseville or his duly authorized
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78696R
-4-
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representative to the City of that additional encumbrance will
permit the City to complete this project.
9. Upon completion of the work provided for in
Paragraph 3 hereof to the satisfaction of the State's Assistant
Division Engineer at Roseville or his duly authorized
representative, the State shall prepare a Final SCHEDULE "I", and
shall pay to the City the State's share of the actual
Construction Costs (which cost excludes the aforementioned State
furnished materials) plus eight (8) percent of its share for the
cost of Engineering and Inspection.
10. PaYment to the City will be made by the State for
. such contract 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.
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.
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78696R
-5-
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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 installation
shall provide necessary electrical power for its operation at the
cost and expense of the City.
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 and street lights; and
(3) clean and paint the new traffic control signal, cabinet and
. luminaire mast arm extensions. It shall be the State's
responsibility, at its cost and expense, to maintain the signing
and to perform all other traffic control signal 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) All 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,
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78696R
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Subdivision 5 and 169.03. The City will
provide the State's Assistant Division
Engineer or his duly appointed representative
a list of all such vehicles with emitter
units.
c) Malfunction of the EVP System shall be
reported to the State immediately.
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
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misuse or violation continues after receipt
by the City or 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 City.
e) All timing of said EVP System shall be
determined by the State through its
Commissioner of Transportation.
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78696R
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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 mayor 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. 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.
78696R
-8-
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CITY OF ELK RIVER
APPROVED AS TO FORM:
City Attorney
By
Mayor
(City Seal)
By
City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Assistant Division Engineer
APPROVED AS TO FORM AND EXECUTION:
Assistant Attorney General
State of Minnesota
78696R
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DEPARTMENT OF TRANSPORTATION
By
Assistant Commissioner
Dated
DEPARTMENT OF ADMINISTRATION
By
Dated
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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 a new traffic control signal with street
lights, emergency vehicle pre-emption and signing; and
construct certain intersection improvements on Trunk
Highway No. 10 at 171st Avenue Northwest in accordance
with the terms and conditions set forth and contained
in Agreement No. 78696R, 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.
CERTIFICATION
State of Minnesota
County of Sherburne
City of Elk River
I hereby certify
true and correct copy of a
the Council of the City of
thereof held on the
shown by the minutes of
that the foregoing Resolution is a
resolution presented to and adopted by
Elk River at a duly authorized meeting
day of , 1999, as
said meeting ln my possession.
City Clerk
(Seal)
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