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CR 93-60 Approval Of Traffic Control Signal #PW11-01-93 /~ .. .~'\. (' 'I ~i\\ V \ ,. Y 0 ~ i '" ~I ~'.i April 15, 1993 0 P K \ ~ I Council Report: 93-60 APPROVAL OF TRAFFIC CONTROL SIGNAL AGREEMENT NO. PW11-01-93 WITH HENNEPIN COUNTY Proposed Staff recommends the following action "Move to adopt Resolution 93-38 authorizing the Mayor and City Manager to enter into an aqreement with the Hennepin County Department of Transportation for the installation of temporary traffic signals at Mainstreet and ShadY Oak Road". Adoption of Resolution 93-38 and execution of the agreement will set forth certain construction requirements, cost participation amounts, and maintenance responsibilities for this signal system installation. The City of Hopkins has been attempting to. get temporary signals installed at this intersection for a number of years. The cities of Minnetonka and' Hopkins have recently reached an agreement on this . intersection signalization' that will allow signals to be installed this summer. The next step in getting these signals installed is to . work out the design features with Hennepin County staff, and also to execute a cooperative agreement with Hennepin County stipulating the responsibilities of the project. Primary Issues to consider. o Is the project necessary? o How will the project be funded? o How will the project affect', traffic flow at this intersection? o Why is an agreement needed? Supporting Information. o Analysis of Issues. o Resolution 93-38 o Agreement L~~iC Works Director . ',Ji, -", Council Report: 93-60 Page 2 '.. Analysis of the Issues . 0 Is the project ~cessary? () Many years ago the City of Hopkins and Hennepin County determined the intersection of Shady Oak Road and Mainstreet warranted signals. The heavy traffic volumes of both streets was one of the major factors in this determination as well as the pedestrian movements. The bad sight lines on these two streets, and the accident history also played a role in determining signals were necessary. o How will the project be funded? The project will initially be funded with tax increment funds and is presently estimated at $145,000. The city will be reimbursed, however, for some of thes.e costs after permanent signals are installed. The reimbursement guidelines will be spelled out in the cooperative agreement between the City and the County. o How will the project affect traffic at this intersection? Traffic will be shifted around during the construction but should not have to be detoured. Once the signals are installed they will be put into a flash mode for a period of time until people get used to them. . 0 Why is an agreement needed~ Agreements such as the one proposed for this project are a standard procedure for Hennepin county. The agreement is necessary to stipulate the cost participation on the project, construction details, and future maintenance responsibilities. The agreement attached to this report .is very similar to other signal agreements we have with Hennepin county. . . '.r . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 93-38 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TEMPORARY TRAFFIC SIGNALS AT MAINSTREET AND SHADY OAK ROAD WHEREAS, the Hennepin County Department of Transportation has determined that it is necessary to install the aforementioned signals; and WHEREAS, signal installation such as the one proposed requires an agreement between the governmental units involved stipulating the cost participation, construction details, and maintenance responsibility; and WHEREAS, the ci ty of Hopkins has determined that the installation of the aforementioned signal system would be in the best interest of the city NOW THEREFORE BE IT RESOLVED that the .city of Hopkins enter into an . agreement with the Hennepin County, Department of Transportation for the following purposes, to wit: To install temporary traffic signals and signing on CSAH 61 (Shady Oak Road) at Mainstreet including an emergency vehicle pre-emption system in accordance with the terms and conditions set forth and contained in Agreement No. PW11-01- 93, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager 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 20th day of April, 1993. By Nelson W. Berg, Mayor ATTEST: . Jim Genellie, city Clerk . Agreement No. PW 11-01-93 't)AAft County Project No. 9319 County State Aid Highway No. 61 City of Hopkins City of Minnetonka County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM AGREEMENT, Made and entered into this day of , 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Hopkins, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Hopkins" and the City of Minnetonka, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Minnetonka"; the two cities hereinafter referred to collectively as the "Cities". . WITNESSETH: WHEREAS, It is considered mutually desirable to construct minor roadway geometric changes and to install a temporary traffic control signal system at the intersection of Main Street with County State Aid Highway No. 61 (Shady Oak Road); and WHEREAS, The above described project lies within the corporate limits of the Cities of Hopkins and Minnetonka and shall hereafter be known and identified as County Project Nb. 9319; and WHEREAS, The Cities have expressed willingness to participate in the construction costs of the roadway geometric changes as well as the construction and operating cost of said temporary signal; and WHEREAS, Hopkins has requested it be permitted to prepare plans and specifications, receive bids and award a contract for the construction of said project; and . WHEREAS, To ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controller, control - 1 - - . Agreement No. PW 11-01-93 equipment and control cabinet to be installed as a part of said project; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subd. 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I Hopkins shall receive bids and enter into a contract for said project with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for Cities. Hopkins shall ~, provide the County with a copy of the abstract of bids for said project. The contract will be in form and will include the plans and specifications prepared by Hopkins or its agents and approved by the County. The equipment specified in the plans and specifications shall be compatible with the County signal system. The County will not stock . replacement parts which are not common to equipment in use in the 'County signal system. II Hopkins and/or its agents will administer the contract and inspect the construction of the contract work contemplated herewith. All work on County State Aid Highway No. 61 shall be completed in compliance with the plans and speci fi cat ions. The County Engineer or his staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. III Prior to beginning construction, Hopkins shall furnish the County with two (2) complete sets of plans and specifications. Hopkins shall also fur- nish the County with an additional two (2) sets of signal and traffic control specifications, three (3) sets of signal plans and wiring diagrams and one (1) set of reproducible mylars of signal plans and wiring diagrams. Said plan sets shall all be on 11" by 17" paper and furnished at no cost to the County. IV . The Cities agree to grant highway easements to the County over those - 2 - - . . Agreement No. PW 11-01-93 lands owned by the Cities that are a part of the required right of way for said project. Said easements shall be granted at,no cost to the County. V Hopkins or its agents, at its or their own expense, shall acquire all rights of way, permits and/or easement required for the construction of said project. The right of way costs incurred shall include all acquisition costs including, but not limited to, any and al~ damages occurring to any person or persons, including private utilities, in relocating, removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage' in procuring such right of way by Hopkins in the performance of such contract with respect to the improvement of County State Aid Highway No. 61 in accordance with the plans and specifications. Upon completion of,the project, all permanent right of way acquired as provided herein sh~ll be conveyed to the County with no consideration required. . V The costs for all work performed by the Cities and their .agents, including the acquisition costs of all rights of way and engineering, required for the construction of said project as provided herein shall be borne one hundred (100) percent by Hopkins. VI Hopkins shall also be responsible for one hundred (100) percent of the construction cost of the contract work for said project. The construction cost of the project shall be the cost of all contract work and County supplied materials required to complete the project. The estimated construction costs of this project are as follows: County supplied signal materials $10,000.00 Traffic signal installation 38,500.00 Roadway geometric changes 73,600)00 It is understood that this estimate is for information purposes only. . It is further agreed that one hundred (100) percent of the construction cost expended by Hopkins for said temporary signal is directly applicable as - 3 - - . Agreement No. PW 11-01-93 credit toward Hopkins' share in a permanent signal when such a device is installed at said intersection. No credit will be applicable for any of the costs associated with the roadway geometric changes. VII Upon payment of the Final Estimate to the successful bidder by Hopkins, Hopkins shall furnish the County with a copy of said Final Estimate showing its final contract cost for the project. VIII All extra work orders or changes in the plans during construction of said project shall be subject to the approval of the County Engineer of Hennepin County prior to performing the work in accordance with such extra work orders or changes in the plans. IX All records kept by the Cities and the County with respect to this project shall be subject to examination by the representatives of each party . hereto. X Hopkins shall notify the Hennepin County Directbr of Public, Works 5 days in advance of the date, time and location of the project preconstruction conference. XI Upon completion of the project Hopkins or its agents shall furnish the County with one (1) complete set of reproducible (mylar) as-built plans and an additional set of paper as-built signal plans and wiring diagrams. Said plans and diagrams shall all be on 22" X 34" medium and furnished at no cost to the County. XII It is understood and agreed that upon completion of the improvement proposed herein, all street lighting and sidewalk, included in said improvement shall become the property of Hopkins and all maintenance, restoration, repair or replacement required thereafter shall be performed by . Hopkins at its own expense. - 4 - ------------- i . Agreement No. PW 11-01~93 It is further understood that neither the County, its commissioners, officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to Hopkins for any claim, demand, judgements, fines, penalties, expenses, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described lighting and sidewalk, maintenance, existence, restoration, repair or replacement by Hopkins, or arising out of the negligence of any contractor under any contract let by the Hopkins for the performance of said work; and the Hopkins agrees to defend, save and keep said County, its ~fficers, agents and employees harmless from all claims, demands, judgements, fines, penalties, expenses, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by Hopkins, its officers, agents or employees. XIII Hopkins agrees that any municipal license required to perform electrical work within the city shall be issued to the Contractor at no cost to the . Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. XIV Hopkins shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in the contract at the sole cost and expense of Hopkins. Further, Hopkins shall provide the electrical energy for the operation of the. said traffic control signals and integral street lights at the sol~ cost and expense of Hopkins. XV Hopkins shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. . - 5 .- - , . Agreement No. PW 11-01-93 ;, XVI , Hopkins shall notify the County Traffic Operations Engineer one (1) month in. advance of need of the controller, control equipment and cabinet. The County shall notify Hopkins when the completed cabinet unit is ready to be picked up for field installation. It shall be the responsibility of Hopkins or its agents to pick up the controller and cabinet at the Hennepin County Department of Public Works Signal Shop ihHopkins,Minnesota and install said cabinet on the project. XVII Hopkins shall notify the County a minimum of one (1) week prior to the date of signal turn on. The County's Traffic Operations Engineer or his designated representative must be present at the time the signal system is turned on. The County hereby reserves the right to perform final inspection of the system at the time of energizing and also the right to require any . modifications prior to approving the system for operation. No signal system may be placed in operation without approval of the installed system by the County. XV II I Upon completion of this project, the County shall thereafter maintain and repair said traffic control signals all at the sole cost and 9xpense of the County except forprovi~ing any component parts of the emergency vehicle pre- emption equipment. Further, the County, at its expense, sha 11 ma i nta i nIl 0 volt power to tha line side of the fuse in the base of the signal poles for the integral street lights. Hopkins~ at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. In the event it becomes necessary to replace any of the components of the emergency vehicle pre-emption equipment, Hopkins shall provide said components at no cost to the County. XIX It is further agreed that each party to thi s agreement sha 11 not be responsible or liable to the other or to any other person whomsoever for any . claims, damages, demands, judgements, fines, penalties, expenses, actions, or causes of actions of any kind or character arising out of or by reason of the - 6 - - --- 0 . . Agreement No. PW 11-01-93 negligent performance of any work or part hereof by the other as provided herein; and each party further agrees .to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Hopkins also agrees that any contract executed by it or its agents for the performance of the work on County State Aid HighWay No. 61 as provided in Articles II, VIII, XIII, XIV, XVI and XVIII herein shall include .clauses that wi 11 : 1) Require the Contractor to defend, indemnify, and save harmless the County, its, officers, agents and employees from claims, .suits, demands, damages, judgements, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents or subcontractors and 2) Require the Contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless oblig~tions. e' XX It is further agreed that any and all employees of each party to this agreement and all other persons engaged by that party .i n the performance of \ any work or services required or provided for herein to be performed by that party shall not be considered employees of the other parties, and that any and all claims that mayor might arise under the Worker'.s tompensation Actor the Unemployment Compensation Act of the State of Minnesota on behalf of said parties' employees while so engaged and any and all claims made by any third parties as a cons~quence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein sha 11 in no way be the ob 1 i gat i on or respons i bil ity of any of the other parties. XXI The provisions of M. 5. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of thi.s aijreement as though fully set forth herein. . - 7 - - i ~ '\' . Agreement No. PW 11-01-93 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF HOPKINS By: And: Mayor Manager Date: Date: CITY OF MINNETONKA By: And: Mayor Manager Date: Date: '. COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board' Date: Date: And: Upon proper execution, this agreement Associate County Administrator will be legally valid and binding. and County Engineer By: Date: Assistant County Attorney Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL JBy: By: Assistant County Attorney Director, Department of Public Works . Date: Date: - 8 - - ~~~~-" -~. .,- _..