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CR 95-79 MNDOT Traffic Control Signal "\ y \ 0 G r April 271 1995 Council Report: 95-79 o p ~ \ "" . MNDOT TRAFFIC CONTROL SIGNAL AGREEMENT NO 73428 Proposed Action. Staff recommends adoption of the following motion: "Move that Council adopt Resolution NO. 95-34. resolution approvinq MNDOT Traffic control Signal Agreement No. 73428." Approval of this resolution will allow the City of Hopkins to enter into an agreement which provides for city participation in a 1995 MNDOT project which upgrades existing traffic control signals on Trunk Highway 7 intersections at 17th Avenue North 1 12th Avenue North, and 5th Avenue North. Overview. The Minnesota Department of Transportation has programmed a 1995 project for reconstruction or upgrading of eight signals along T.H. 7. The work includes adding signals, installing emergency vehicle preemption (EVP) system at all intersections, installing inter connect between T.H. 169 east ramp and Blake Road/Aquila Avenue 1 and reconstruction of 12th Avenue signals. The estimated construction costs and city share are as follows: . Intersection Construction City Cost Share T.H. 7 & 17th Ave $ 201000 $ 21000 T.H. 7 & 12th Ave $120,000 $121000 T.H. 7 & 5th Ave $ 30,000 $ 3,000 Engineering & Inspection - 8% of city Share = $ 1.360 City Share, Est. Total = $18,360 Primary Issues to Consider o Source of City funds o Construction Schedule o Traffic Control o 12th Avenue Intersection o Maintenance Supporting Information o Analysis of Issues o Proposed Resolution 95-34 o MNDOT Letter dated April 11, 1995 o Proposed Agreem,nt #73428 overall Project ocation Plan . \ steven Works Director council Report: 95-79 Page 2 4It Analysis of Issues o Source of City funds city funds will come from our Municipal State Aid Fund. o Construction Schedule Bid letting: May 26, 1995 Final Contract Approval: July 7, 1995 Construction: July - September 1995 Due to a 12-week lead time on new poles and masts it is unlikely all work will be completed at 12th Avenue before school starts. However, new concrete bases, electrical conduit and other preliminary work can be done, minimizing work while school is in session. New traffic signals will be operational before the existing 12th Avenue signals are taken out of service. o Traffic Control Intersections will remain under traffic signal control during construction, except for short periods during off peak times. No work which restricts traffic is allowed during peak times. The . contractor is required to provide all traffic control during construction. o 12th Avenue Intersection This intersection will have a revised sequencing. 12th Avenue traffic signal phasing will change from concurrent phasing to split phasing. This means northbound and southbound traffic will each have dedicated time for through and left turn movements. o Maintenance ci ty of Hopkins maintenance responsibility won' t change except we'll have two additional luminaires and lamps at each intersection. Currently, we maintain the signals and street lights at these intersections. . CITY OF HOPKINS 4It HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 95-34 RESOLUTION APPROVING MNDOT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 73428 BE IT RESOLVED that the city of Hopkins enter into an agreement with the state of Minnesota, Department of Transportation for the following purposes, to wit: To revise the existing traffic control signal with street lights, emergency vehicle pre-emption and signing on Trunk Highway No. 7 at williston Road; revise the existing traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at county State Aid Highway No. 73 - 17th Avenue North, 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp and at Trunk Highway No. 169 East Ramps; remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aquila Avenue; install a temporary traffic control signal . with street lights, emergency vehicle pre-emption, interconnect and signing, and remove the temporary traffic control signal and install a new traffic control signal with streets lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at Texas Avenue; and install interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County state Aid Highway No. 20 (Blake Road) - Aquila Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 73428, 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. Adopted by the City Council of the city of Hopkins this 2nd day of May, 1995. Charles D. Redepenning, Mayor ATTEST: . James A. Genellie, City Clerk ~\~N.ESo~ Minnesota Department of Transportation fll\ Metropolitan Division ~ ~ Golden Valley Office ~ r $ 2055 North Lilac Drive e )- OF Tf\'#' Golden Valley, Minnesota 55422 Golden Valley Office 612-797-3133 April 11, 1995 Mr. Lee Gustafson Public Works Director/City Engineer city of Hopkins Public Works 1601 Second Street South Hopkins, Minnesota 55343 Dear Mr. Gustafson: subject: S.P.2706-178 S.P.132-020-09 S.P.132-349-05 S.P.132-344-03 S.P.132-345-05 T.R.7 - 8 Intersections - Including T.H.7 at 17th Ave. ~ South(CSAR73), T.R.7 at 12th Ave., T.H.7 at 5th Ave., and T.R.? at the West and East Ramps to T.H.169 in Hopkins, Hennepin County Signal Systems' Plan and Agreement Issues The Department of Transportation has a project programmed for the / reconstruction or revision of the signals identified above. In addition, within the city of st. Louis Park, interconnection has been designed to complete the interconnection of the T.H.? corridor signal systems. This project currently has a letting date of May 26, 1995. Please review the enclosed plan and agreement and respond on behalf of the City of Hopkins regarding the city's approval of the project, and any comments or concerns about cost, maintenance, or operation responsibilities. ( Current Department of Transportation policy determines the cost participation, operation and maintenance responsibilities presented within the agreement. Prior to awarding a contract for the project, a signal system agreement must be executed between the state, Hennepin county and the cities of St.Louis Park, Hopkins, and Minnetonka. A meeting on January 7, 1993, at the City of Hopkins offices between city and Department representatives, covered different . An Equal Opportunity Employer April 11, 1995 Mr. Gustafson . Page Two design and cost participation issues. That information and various other requests have been incorporated into the plan set and agreement. SIGNAL SYSTEM AGREEMENT Cost Participation Based on the percentage of legs controlled by each roadway jurisdiction for each signalized intersection, the city of ~ Hopkins' cost participation for the project is identified on Sheet 2 of the plan set. As discussed during the 1993 meeting, the city intends to use state aid funds toward its cost participation responsibilities. Sheet 2 of the plan set identifies the state aid numbers and the design designation block information. It 1S my understanding that S.P.132-010-04 shall no longer be used. The plan and agreement shall be altered to reflect this. Please confirm that the other project numbers and roadway information are correct. If state aid funds are used, the city Engineer will need to sign the title sheet fa of the plan set to authorize release of those funds. Maintenance Responsibilities As the enclosed handout describes, the city of Hopkins would be responsible for the minor maintenance of the signal systems within the city limits. In addition, the City of Hopkins would be responsible for the signal systems' monthly power charges and any connection charges. The Department of Transportation shall continue to operate all the signal systems along the T.H.? corridor and will perform the major maintenance functions (including vehicle preemption systems' maintenance) for the signal systems and interconnection. If all the aspects of the project identified within this letter are approved by the city of Hopkins, please approach the Hopkins city council for a resolution to authorize execution of the signal cost, maintenance and operation agreement. DESIGN ISSUES The enclosed plan is for your review. As mentioned above, if the plan is approved, your signature is required on the original title sheet. Please contact me with any concerns or when you are available to sign the title sheet. . April 11, 19'95 .. Mr. Gustafson ' 9'. Page Three ~- As requested, emergency vehicle preemption systems shall be installed with the signal systems. Mast arm mounted signs shall be salvaged and installed where possible. New pavement markings shall be furnished and installed for all intersections. In place guard posts shall be removed in accordance with current Department policy. In keeping with the Americans with Disabilities Act, pedestrian ramps and sidewalk shall be installed where appropriate. The city of Hopkins shall not be required to participate in the cost of any pedestrian ramp and sidewalk construction. I would be willing to discuss this information with you at any time. If there are any questions or concerns with which I may be of assistance, please contact me at either 779-5192 or 797-3133. sincerely, /~??--/~ Beverly Ann B. Farraher, P.E. Metro Division Signal Design Engineer (enclosures) - e DOT GV TRRFFIC TEL:512-797-3152 Hpr lOI'j~ 1,,) . VO II.fU. vv~ I . 'J'.&- . MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 73428 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION , AND , , THE COUNTY OF HENNEPIN AND THE CITY OF MINNETONKA AND THE CITY OF HOPKINS AND THE CITY OF ST. LOUIS PARK TO Revise the existing Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 7 at williston Road; Revise the existing Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, , Interconnect and Signing on Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North, 5th Avenue North - Oakridge Road, . Trunk Highway No. 169 West Ramp and at Trunk Highway No. 169 East Ramps; Remove the existing Traffic control Signals and Install new Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 7 at 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aguila Avenue; Install a temporary Traffic Control Signal with Street Lights, Emergency Vehicle pre-emption, Interconnect and Signing, and Remove the temporary Traffic Control Signal and Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 7 at Texas Avenuei and Install Interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue in Minnetonka, Hopkins and St. Louis Park, Hennepin County, Minnesota. S.P. 2706-178 S.P. 27-620-13, 132-020-09, 132-344-03, 132-345-05, 132-349-05, 142-147-02, 163-275-13 and 163-290-06 F.P. STP 078-2(67) Prepared by Traffic Engineering e ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED Hennepin County $ 8,289.00 City of Minnetonka $ 4,860.00 City of Hopkins $18,360.00 City of St. Louis Park $21.249.00 None Otherwise Covered e THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the IIStatell , and the County of Hennepin, hereinafter referred to as the lICountyll, and the City of Minnetonka, hereinafter referred to as "Minnetonka", and the City of Hopkins/ hereinafter referred to as II Hopkins II , and the City of St. Louis Park, hereinafter referred to as liSt. Louis Park", 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 systemi and WHEREAS, the State has determined that there is justification and it is in the public's best interest to revise the existing traffic control signal with street lights, emergency vehicle pre-emption and signing on Trunk Highway No. 7 at Williston Roadi revise the existing traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North, 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp and at Trunk Highway No. 169 East Rampsi remove the existing traffic control signals and install new traffic ,control signals with street lights, emergency vehicle e pre-emption, interconnect and signing on Trunk Highway No. 7 at 73428 -1- tit 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aquila Avenue; install a temporary traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing, and remove the temporary traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at Texas Avenue; and install interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue; and WHEREAS, Minnetonka, Hopkins and St. Louis Park requests and the State agrees to provide Emergency Vehicle Pre-emption Systems, hereinafter referred to as the "EVP Systems 11 , as a part of the new and revised traffic control signal . installations on Trunk Highway No. 7 at Williston Road, County State Aid Highway No. 73 - 17th Avenue North, 12th Avenue North, 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp, Trunk Highway No. 169 East Ramps, County State Aid Highway No. 20 (Blake Road) - Aquila Avenue, and at Texas Avenue 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 three (3 ) new cabinets and control equipment to operate said new traffic control signals; and WHEREAS, it is considered in the public's best interest for the State to provide one (1) new cabinet and control e 73428 -2- --- ----- ---- --.- --- e equipment, and the required emergency vehicle pre-emption control and interface equipment for said revised traffic control signals; and WHEREAS, it J.s anticipated that the new, revised and temporary traffic control signals with street lights, EVP Systems, interconnect and signing are eligible for 80 percent Federal-aid Surface Transportation Program Funds; and WHEREAS, the County, Minnetonka, Hopkins, st. Louis Park and the State will participate in the cost, maintenance and operation of the new, revised and temporary traffic control signals with street lights, EVP Systems, interconnect and signing as hereinafter set forth; e NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering" . The State 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 poles or pads, shall constitute the actual "Construction Cost" and shall be so . referred to hereinafter. 73428 -3- DlIT l.JIJ T F:Hr FIe 1 E L : b 1 ~ - (':1 (- :' 1 ':' l HfJI .i~"'> , ':1 ~ . -- - - e 3. The state with its own forces and equipment or by contract shall perform the traffic control signal work provided for under Stat~ Project No. 2706-178, State Project No.'s : 27-620-13, 132-020-09, 132-344-03, 132-345-05, 132-349-05, 142-147-02, 163-275-13 and 163-290-06, and Federal-aid Project No. STP 076-2(67) with the construction Costs shared as follows: a. Trunk Highway No. 7 at williston Road. System nA". S.P. 142-147-02. Revise the existing traffic control signal with street lights I EVP System and signing. Estimated Construction Cost is $45,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. e , Anticipated State's share is 10 percent. Minnetonka's share is 10 percent. b. Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North. System "B". S.P. 132-020-09 and 132-349-05. Revise the existing traffic control signal with street lights, EVP System, interconnect and signing. Estimated Construction Cost is $20,000.00 which includes State furnished materials. Anticipated Federal-aid share is . 73428 -4- DUT GV TRRFFIC TEL:612-?97-~lS2 Rpr 18.95 13:10 No.002 P.04 e 80 percent. Anticipated State's share is 10 percent. Hopkins' share is 10 percent. .c. Trunk Highway No. 7 at 12th Avenue North. , , System Hell. S.P. 132-344-03. Remov"e t.he existing traffic control signal and install a new traffic control signal with street lights, EVP System, interconnect and signing. Estimated Construction Cost is $120,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. Anticipated State's share is 10 percent. Hopkins' share is 10 percent. . d. Trunk Highway No. 7 at 5th Avenue North - . Oakridge Road. System 11D". S.P. 132-345-05. Revise the existing traffic control signal with street lights, EVP System, interconnect and signing. Estimated Construction Cost is $30,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. Anticipated state's share is 10 percent. Hopkins' share is 10 percent. e. Trunk Highway No. 7 at Trunk Highway No. 169 West Ramp. System "E". Revise the existing traffic control signal with street lights, EVP System, interconnect and signing. . 73428 -5- I . Estimated Construction Cost lS $25,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. Anticipated State's share lS 20 percent. f. Trunk Highway No. 7 at Trunk Highway No. 169 East Ramps. System IIFII . Revise the existing traffic control signal with street lights, EVP System, interconnect and signing. Estimated Construction Cost is $33,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. Anticipated State's share is 20 percent. g. Trunk Highway No. 7 at County State Aid -- Highway No. 20 (Blake Road) - Aquila Avenue. System IIGI1 . S.P. 27-620-13 and 163-290-06. Remove the existing traffic control signal and install a new traffic control signal with street lights, EVP System, interconnect and signing. Estimated Construction Cost lS $145,000.00 which includes State furnished materials. Anticipated Federal-aid share lS 80 percent. Anticipated State's share is 10 percent. County's share is 5 percent. St. Louis Park's share lS 5 percent. . 73428 -6- e h. Trunk Highway No. 7 at Texas Avenue. System IlHIl. Install a temporary traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing. Estimated Construction Cost 1S $10,000.00. Anticipated Federal-aid share is i 80 percent. Anticipated State's share is I 20 percent. 1 . Trunk Highway No. 7 at Texas Avenue. System "HtI. S.P. 163-275-13. Remove the temporary traffic control signal and install a new traffic control signal with street . lights, emergency vehicle pre-emption, interconnect and signing. Estimated Construction Cost is $120,000.00 which includes State furnished materials. Anticipated Federal-aid share is 80 percent. Anticipated state's share is 10 percent. St. Louis Park's share is 10 percent. j . Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue. S.P. 27-620-13 and 163-290-06. Install interconnect. Estimated Construction Cost is . $17,000.00. Anticipated Federal-aid share is 73428 -7- . 80 percent. Anticipated State's share is 15 percent. County's share 1S 2.5 percent. St. Louis Park's share is 2.5 percent. 4. Upon execution and approval of this agreement and a request in writing by the State, the County, Minnetonka, Hopkins and St. Louis Park shall each" advance to the State an amount equal to their portion of the project costs. The County's, Minnetonka's, Hopkins' and St. Louis Park's total portion shall consist of the sum of the following: a. The County's, Minnetonka's, Hopkins' and St. Louis Park's share (as specified in Paragraph 3) based on the actual bid prices and the estimated State furnished materials . costs. b. Eight ( 8) percent of their share [Item (a) above] for the cost of Engineering and Inspection. 5. Upon completion and final acceptance of the project, the County's, Minnetonka's, Hopkins' and St. Louis Park's final share shall consist of the sum of the following: a. The County's, Minnetonka's, Hopkins' and St. Louis Park's share (as specified in Paragraph 3) , based on the final payment to the Contractor and the actual State furnished materials costs. . 73428 -8- _'_0- . b. Eight (8 ) percent of their final share [ Item ( a) above] for the cost of Engineering and Inspection. The amount of the funds advanced by the County, Minnetonka, Hopkins and St. Louis Park in excess of the County's, Minnetonka's, Hopkins' and St. Louis Park's final share will be returned to the County, Minnetonka, Hopkins and st. Louis Park ! without interest and the County, Minnetonka, Hopkins and St. Louis Park agrees to pay to the State that amount of their final share which is in excess of the amount of the funds advanced by the County, Minnetonka, Hopkins and St. Louis Park. 6 . Minnetonka shall perpetuate an adequate electrical . power supply to the service pad or pole, and upon completion of said revised traffic control signal with street lights installation ( System IIAII) shall continue to provide necessary electrical power for its operation at the cost and expense of Minnetonka. 7. Upon completion of the work contemplated in Paragraph 3a (System "All ) hereof, it shall be Minnetonka's responsibility, at its cost and expense, to: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessarYi (2 ) relamp the revised traffic control signal and street lightsi and (3) clean and paint the revised traffic control signal, cabinet and lumina ire mast arm . extensions. It shall be the State's responsibility, at its cost 73428 -9- -- . and expense, to maintain the signing and to perform all other revised traffic control signal and street light maintenance. s. Hopkins shall provide and/or perpetuate an adequate electrical power supply to the service pads or poles, and upon completion of said new and revised traffic control signals with street lights installations (Systems liB", II CII , lID') , "E" and II PH) shall provide and/or continue to provide necessary electrical power for their operation at the cost and expense of Hopkins. 9 . Upon completion of the work contemplated in Paragraph 3b, 3c, 3d, 3e, 3f and 3j (Systems liB", IlC" , IlD", "Ell, Ilpll and Interconnect) hereof, it shall be Hopkins' 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 and revised traffic control signals and street lights; and (3 ) clean and paint the new and revised traffic control signals, cabinets and lumina ire mast arm extensions. It shall be the State's responsibility, at its cost and expense, to maintain the interconnect and signing and to perform all other new and revised traffic control signal and street light maintenance. 10. St. Louis Park shall perpetuate an adequate electrical power supply to the service pads or poles, and upon completion of said new and temporary traffic control signals with street lights installations ( Systems "G", lIH" [new] and llHH . 73428 -10- . . [temporary] ) shall continue to provide necessary electrical power for their operation at the cost and expense of St. Louis Park. 1l. Upon completion of the work contemplated in Paragraph 3g, 3h, 3i and 3j (Systems T1GII , IIHII [new] , I1HII [temporary] and Interconnect) hereof, it shall be St. Louis Park's responsibility, at its cost and expense, to: (1 ) maintain the luminaires and all its components, including replacement of the Iuminaire if necessarYi (2 ) reI amp the new and temporary traffic control signals and street lightsi and (3 ) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions. It shall be the State's responsibility, at its cost and expense, to maintain the interconnect and signing . and to perform all other new and temporary traffic control signal and street light maintenance. 12. In the event the State advertises for bids for all or a portion of the work in Paragraph 3 hereof, the State shall submit to the Hennepin County engineer a certified copy of the low bid received and an abstract of all bids received by the State, together with the State's request for concurrence by the County in the Award of a construction contract. Award of the contract shall not be made until the County Engineer advises the state in writing of its concurrence. 13. Final plans and specifications for construction of the traffic control signal work provided in Paragraph 3 hereof . shall have County approval prior to award of construction 73428 -11- --- -----" - - -- - . . contract by the State. Said County approval shall be evidenced by signature of the County Engineer in the designated space therefor on the original plan. 14. The construction work provided for herein shall be under the direction and supervision of the State. It is agreed, however, that the County shall have the right to periodically inspect the cost sharing construction work provided for in Paragraph 3 hereof. The State shall have the exclusive right to determine whether the work has been satisfactorily performed by the State's Contractor. 15. The State shall insert in any contract with the successful bidder a clause requiring the successful bidder to hold the County, Minnetonka, Hopkins and St. Louis Park harmless . and also clauses requiring the successful bidder to provide and maintain insurance, all as follows: a) The Contractor shall defend, indemnify and save harmless the County, Minnetonka, Hopkins and St. Louis Park, their officers, agents and employees from all suits, actions and claims of any character brought because of injuries or damages received or sustained by a person, persons, or property on account of the operations of the said Contractor or any subcontractor or their agents or employees, or on account of or in consequence of any -- 73428 -12- -- ---- .- .-..- ~- -- . . neglect in safeguarding the work; or through use of unacceptable materials in constructing the worki or because of any act or omission, neglect, or misconduct of said Contractor or any subcontractor or their agents or employees, or because of any claims arising or amounts recovered from infringements of patent, trademark, or copyright; or because of any claims arising or amounts recovered under the Worker's Compensation Acti or under other law, ordinance, order to decree. b) The Contractor shall purchase and maintain . insurance for and in behalf of itself and the County, as additional assured, and with a cross liability endorsement protecting the County from claims or damages for personal injuries, including accidental death, as well as for claims for property damage which may arise out of or result from the Contractor's operations under the contract, whether such operations be by the Contractor or by any subcontractor or by anyone direct~y employed by any of them, or by anyone for whose acts any of them may be liable. Said insurance . 73428 -13- --- -- . shall protect against claims as set forth below: l. workers' Compensation including Employer's Liability Insurance: - Bodily Injury by Accident $100,000 each accident - Bodily Injury by Disease $500,000 policy limit/ $100,000 each employee Note: An all states endorsement is required if the Contractor is domiciled outside the State of Minnesota. 2. Commercial General and Automobile Liability Insurance: e (A) Commercial General Liability: - Combined Bodily Injury and Property Damage--Each Occurrence Limit $1,000,000 - General Aggregate Limit $1,000,000 Products--Completed Operations Aggregate Limit $1,000,000 - Personal and Advertising Injury Limit $1,000,000 Coverages above shall also include: - Premises--Operations . 73428 -14- --- --- -- --.----- --- -- - . - Contractual Liability (including oral and written contracts) - Explosion, Collapse, Underground i Property Damage ( XCU) (B) Automobile Liability including Hired Car and Employers Non- Ownership Liability: - Combined Bodily Injury and Property Damage--Each Occurrence Limit $1,000,000 c) All certificates of insurance shall provide . that the insurance company shall give the County thirty (30) days prior written notice of cancellation, non-renewal of any material changes in the policy and exclude wording llendeavor toll and IIbut failure to mail such notice shall impose no obligation or , liability of any kind upon the company, its agents or representatives II , d) The above subparagraphs establish minimum insurance requirements, and it is the sole responsibility of the Contractor to purchase and maintain additional insurance that may be . necessary in connection with this contract. 73428 -15- --- --" . e) The Contractor shall not commence work until the Contractor has obtained and filed an acceptable certificate of insurance with the County. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. f) The County agrees to pay to the State the total amount of the liability insurance coverage premium costs, described herein, incurred by the State's Contractor for State Project No. 2706-178 in procuring and maintaining for the duration of the e Contractor's contractual obligation to said State project. At such time, be it one or more, as the said State's Contractor furnishes the State with a certified statement of the insurance premium costs the Contractor has incurred in procuring the aforesaid insurance coverage, the State will invoice the County for the total amount of the insurance premium costs set forth in said certified statement from the Contractor, and the County shall, upon receipt of said e 73428 -16- . invoice, promptly make payment thereof to the State. 16. 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) All 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. Minnetonka, Hopkins and St. Louis Park will provide the . State's Assistant Division Engineer or his duly appointed representative a list of all such vehicles with emitter units. c) Malfunctions 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 Minnetonka, Hopkins or St. Louis Park of written notice thereof from the State, the . State shall remove the EVP Systems. Upon 73428 -17- -~._-- - --. -- - . removal of the EVP Systems 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 State. e) All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 17. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the County, Minnetonka, Hopkins or St. Louis Park and any and all claims that mayor might arise under the workers' Compensation Act of this State on behalf of said employees while so engaged, 8 and any and all claims made by any sixth 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 County, Minnetonka, Hopkins or St. Louis Park. The State shall not be responsible under the Worker's Compensation Act for any employees of the County, Minnetonka, Hopkins or St. Louis Park. 18. Timing of the new, revised and temporary traffic control signals 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. e 73428 -18- . 19. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 58459 dated May 17, 1977, between the County, Hopkins and the State. 20. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 58460 dated April 5, 1977, between the County, St. Louis Park and the State. 2l. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion . of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 58461 dated April 5, 1977, between St. Louis Park and the State. 22. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 60833 dated August 10, 1982, between the County, Hopkins, st. Louis Park and the State. 23. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement . 73428 -19- -.--- ---"- . shall supersede and terminate Agreement No. 62100 dated July 30, 1984, between Minnetonka and the State. 24. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 64054 dated June 23, 1987, between Hopkins and the State. 25. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate the maintenance and operation terms of Agreement No. 68670, for the intersection of Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North, e dated March 5, 1992, between the County, Minnetonka, Hopkins and the State. 26. Upon execution and approval by the County, Minnetonka, Hopkins, St. Louis Park and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 68913 dated November 6, 1991, between St. Louis Park and the State. . 73428 -20- . . COUNTY OF HENNEPIN ATTEST: By: Chair of its County Board By: Deputy/Clerk of the County Board Date: Date: (County Seal) APPROVED AS TO FORM: By: And: Assistant County Attorney Associate/County Administrator Date: Date: APPROVED AS TO EXECUTION: And: Director, Department of Public Works and By: County Engineer . Assistant County Attorney Date: Date: RECOMMENDED FOR APPROVAL: By: Transportation Division Engineer Date: CITY OF MINNETONKA APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Manager . 73428 -21- -- -- -- -- --- . CITY OF HOPKINS . APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Manager e CITY OF ST. LOUIS PARK APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Manager . 73428 -22- . STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By Assistant Division Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION By Assistant Attorney General State of Minnesota e Dated DEPARTMENT OF FINANCE By Dated . 73428 -23- --" . RESOLUTION BE IT RESOLVED that the city of Minnetonka enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To revise the existing traffic control signal with street lights, emergency vehicle pre-emption and signing on Trunk Highway No. 7 at Williston Road; revise the existing traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North, 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp and at Trunk Highway No. 169 East Ramps; remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aquila Avenue; install a temporary traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing, and remove the temporary traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, . interconnect and signing on Trunk Highway No. 7 at Texas Avenue; and install interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 73428, 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 agreementr and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin City of Minnetonka 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 Minnetonka at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of said meeting in my possession. . City Clerk (Seal) ~ . RESOLUTION BE IT RESOLVED that the City of Hopkins enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To revise the existing traffic control signal with street lights, emergency vehicle pre-emption and signing on Trunk Highway No. 7 at Williston Road; revise the existing traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue North, 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp and at , Trunk Highway No. 169 East Ramps; remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aquila Avenue; install a temporary traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing, and remove the temporary traffic control . signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 7 at Texas Avenue; and install interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 73428, 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 Hennepin City of Hopkins 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 Hopkins at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of said meeting in my possession. . City Clerk (Seal) . . RESOLUTION . BE IT RESOLVED that the City of St. Louis Park enter into an agreement with the State of Minnesota, Department of Transportation for the following purposesr to wit: To revise the existing traffic control signal with street lightsr emergency vehicle pre-emption and signing on Trunk Highway No. 7 at williston Road; revise the existing traffic control signals with street lightsr emergency vehicle pre-emptionr interconnect and signing on Trunk Highway No. 7 at County State Aid Highway No. 73 - 17th Avenue Northr 5th Avenue North - Oakridge Road, Trunk Highway No. 169 West Ramp and at Trunk Highway No. 169 East Ramps; remove the existing traffic control signals and install new traffic control signals with street lightsr emergency vehicle pre-emptionr interconnect and signing on Trunk Highway No. 7 at 12th Avenue North, and at County State Aid Highway No. 20 (Blake Road) - Aguila Avenue; install a temporary traffic control signal with street lightsr emergency vehicle pre-emption, interconnect and signing, and remove the temporary traffic control signal and install a new traffic control signal with street lightsr emergency vehicle pre-emptionr . interconnect and signing on Trunk Highway No. 7 at Texas Avenue; and install interconnect on Trunk Highway No. 7 from Trunk Highway No. 169 East Ramps to County State Aid Highway No. 20 (Blake Road) - Aquila Avenue in accordance with the terms and conditions set forth and contained in Agreement No. 73428, 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 Hennepin City of St. Louis Park 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 St. Louis Park at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of said meeting in my possession. City Clerk . 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