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8.0. SR 03-25-1996CONSULTING ENGINEER~ 1326 Energy Park Drive St. Paul,/v~ 55108 612.644-4389 1-800-888-2923 Fax: 612-6~-9446 March 22, 1996 File: 230-277-20 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 TRUNK HIGHWAY 10 AND JOPLIN IMPROVEMENTS MnDOT SIGNAL AGREEMENT//74808 Dear Mr. Klaers: CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL PLANNING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION Enclosed are three copies of the above-referenced traffic control signal for the Joplin/ TH 10 intersection. There is a resolution at the back of the agreement' which needs to be adopted by the City Council and then each of the three copies of the agreement needs to be executed by the Mayor and City Administrator. These are very standard agreements, similar to the previous one entered into for the signals along TH 169. However, it is worth noting a few of the components of the agreement. ELECTRICAL/MECHANICAL · ENGINEERING: HVAC POWER DISTRIBUTION SCADA · SYSTEM CONTROLS OFFICES IN: MINNEAPOLIS PRIOR lAKE ST. PAUL WASECA The cost of the signal will be split 50/50 between the City and MnDOT. In addition to the construction cost, MnDOT will contribute 8 % additional for field engineering and inspection. The State will provide pedestal shafts, bases, and new cabinet and controller. The estimated cost of this equipment is $16,000. This cost will also be split 50/50 between the City and MnDOT. It will be necessary to send MnDOT an abstract of the bids together with a request for concurrence with the award of the project. MnDOT needs to concur with the award in writing prior to the City awarding the project. The agreement requires the City to provide an electrical supply to the service pad and once the signal is operational, pay for all electrical expenses. This agreement requires the City to maintain the luminaires, re-lamp the signal and advance warning flashers, and paint the signal when necessary. MnDOT is responsible for maintaining the signing and performing all other traffic control signal maintenance. An Equal Opportunity Employer Mr. Pat Klaers March 22, 1996 Page Two I would recommend that the City Council adopt the resolution attached to agreemems, approving the agreements and authorizing the appropriate signatures. have any questions regarding this issue, please call. Sincerely, MSA, CONSULTING ENGINEERS T~rer, P.E. TJM:tw Attachments 277-2206.mar these If you March 19, 1996 Minnesota Department of Transportation District 3 1991 Industrial Pk. Rd. Baxter, Minnesota 56401 Quality Service Through Individual Commitment (218) 828-2460 Mr. Patrick Klaers City Administrator P.O. Box 490 Elk River, MN 55330-0490 Dear Mr. Klaers: RE: S.P. 7102-87 (T.H. 10) Traffic Control Signal and Street Lighting Agreement No. 74808 Enclosed are three copies of an agreement between the State of Minnesota, Department of Transportation and the City of Elk River covering the maintenance and operation of the traffic control signal, street lights, and flashers at T.H. 10 at Joplin Street/185th Avenue in Elk River. Please review the agreement and arrange to have it presented to the proper officials for execution on behalf of the City. Please be advised to sign amd seal all copies of the agreement and ~.11 copies of the resolution. Please return the signed agreements to my office as soon as possible. executed copy will be returned to you for your files. A fully Sincerely,]~ I1 y CF. Dirlam District Traffic Engineer Enclosure: Agreements (3) An Equal Opportunity Employer MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEM~NT NO. 74808 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION THE CITY OF ELK RIVER TO Install a new Traffic Control Signal with Street Lights, Advance Warning Flashers and Signing on Trunk Highway No. 10 at Joplin Street - 185th Avenue in Elk River, Sherburne County, Minnesota. S.P. 7102-87 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE City of Elk River $ 8,000.00 AMOUNT ENCUMBERED S54,000.00 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, advance warning flashers and signing on Trunk HighWay No. 10 at Joplin Street - 185th Avenue; and WHEREAS, it is considered in the public's best interest for the State to provide four (4) pedestal shafts and bases and a new cabinet and controller for said new traffic control signal. 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 traffic control signal with street lights, advance warning flashers and signing, as hereinafter set forth; 74808 --2-- 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, advance warning flashers and signing on Trunk Highway No. 10 at Joplin Street - 185th Avenue in accordance with State Project No. 7102-87. Estimated Construction Cost is $100,000.00. 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 $16,000.00. State's share is 50 percent. City's share is 50 percent. 74808 --3-- 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. 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 $54,000.00, 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 74808 --4-- 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, 74808 --5-- 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. 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) retamp the traffic control signal, advance warning flashers and street lights; and (3) clean and paint the 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 perform all other traffic control signal, advance warning flasher and street light maintenance. 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 74808 --6-- 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. 15. Timing of the 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. 74808 --7-- 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 74808 --8-- 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 and siGninG on Trunk HiGhway No. 10 at Joplin Street - 185th Avenue in accordance with the terms and conditions set forth and contained in AGreement No. 74808, 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 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 , 1996, as shown by the minutes of said meeting in my possession. (Seal) City Clerk