CR 91-190 Traffic Control Signal #68670-1 i O
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August 23, 1991 0 P KX� Council Report: 91 -190
APPROVAL OF TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 6867.0 WITH MNDOT
Proposed Action.
Staff recommends the following action "Move to adopt
Resolution 91 - 111 authorizina the Mavor and Citv Manaaer to
enter into an agreement with the Minnesota Department of
Transportation for the replacement of the traffic signals at
T.H. #7 and 17th Avenue North "
Adoption of Resolution 91- and execution of the agreement
will set forth certain construction requirements, cost
participation amounts, and maintenance responsibilities for
this signal system replacement.
Overview.
The State has determined that the signal system on T.H. #7
and 17th Avenue North is nearing the end of it's useful life
and is therefore proposing to replace the system. The state
has furthermore obtained 90% federal funding for this
project, and would like to proceed, with the project before
the funding is lost. Obtaining the 90% Federal funding
also reduces Hopkins cost participation in the project by
90%.
Primary Issues to consider.
o Is the project necessary?
o How will the project be funded?
o Will the project affect traffic flow at this
intersection?
o Why is an agreement needed?
Supporting Information.
o Analysis of Issues.
o Resolution 91 - 111
o Agreement
%Of, 0
Lee Gustafson, Publ Works Director
Council Report: 91 -190
Page 2
o Is the project necessary?
The Minnesota Department of Transportation has
determined that the signal system at this location is
near the end of its useful life and is therefore
proposing to replace it. MnDOT has received Hazard
Elimination Funding from the Federal government for the
replacement of these signals which requires that the
money be spent on this project within a specified time
frame. In order to obtain this funding, MnDOT was
required to justify why these signals needed to be
replaced.
o How will the project be funded?
The Federal funds obtained for this project will fund
90% of the project. MnDOT will fund 5% and the
abutting cities will fund the remaining 5 %. Hopkins
estimated. local share of this project is $4,258.13,
which will be funded from general revenue.
o Will the project affect traffic flow at this
intersection?
Typically on signal system projects such. as this one
the old system is left in place while the new system is
being constructed. This allows the State. to get the
new system substantially complete before removing the
old system thereby significantly reducing traffic
disruption.
o Why is an agreement needed?
Agreements such as the one proposed for this project
are a standard procedure for MnDOT. The agreement is
necessary to stipulate the cost participation on the
project, construction details, and future maintenance
responsibilities. The agreement attached to this
report basically just replaces an existing agreement
for the present signal system at this intersection that
was executed in 1977.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 91 -111
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE
REPLACEMENT OF THE TRAFFIC SIGNALS AT T.H. 17 AND 17TH AVENUE NORTH
WHEREAS, the Minnesota Department of Transportation has determined
that it is necessary to replace the aforementioned signals; and
WHEREAS, signal replacement 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 City of Hopkins has detemined that the replacement 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 State of Minnesota, Department of Transportation
for the following purposes, to twit:
To remove the existing traffic control signals and install new
traffic control signals with street lights and signing on Trunk
Highway No. 7 at Tonkawood Road - Woodland Road, and at County.
State Aid Highway No. 73 - 17th Avenue; and install interconnect
on Trunk Highway No. 7 from County State Aid Highway No. 61
(Shady Oak Raod) to 12th Avenue in accordance with the terms and
conditions.set forth and contained in Agreement No. 68670, a copy
of which was before the Council.
BE IT FURTHER RESOLVED that the 'Mayor and City Manager be and hereby
are authorized to excute such agreement, and thereby assume for and on
behalf of the City all of the contractual obligations contained
therein.
By
Nelson W. Berg, Mayor
ATTEST:
Jim Genellie, City Clerk
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 68670
BETWEEN
THE STATE MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF MINNETONKA
AND
THE CITY OF HOPKINS
TO
Remove the existing Traffic Control Signal and Install a new
Traffic control Signal with Street Lights and Signing on Trunk
Highway No. 7 at Tonkawood Road — Woodland Road in Minnetonka;
and Remove the existing Traffic Control Signal and Install a new
Traffic Control Signal with Street Lights and Signing.on Trunk
Highway No. 7 at County State Aid Highway No. 73 — 17th Avenue,
and Install Interconnect on Trunk Highway No. 7 from County State
Aid Highway No. 61 (Shady Oak Road) to 12th.Avenue in Minnetonka
and Hopkins, Hennepin County, Minnesota.
S.P. 2706 -168 and 2706 -169
F.P. HES 078-2(61)
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
County of Hennepin $1,749.00
City of Minnetonka $6,341.87
, City of Hopkins 54,258.13
AMOUNT ENCUMBERED
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State ", and the County of Hennepin,
hereinafter referred to as the "County ", and the City of
Minnetonka, hereinafter referred to as "Minnetonka "; and the City
of.Hopkins, hereinafter referred to as "Hopkins ", WITNESSETH:
WHEREAS, Minnesota Statute 161.20 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, the State has determined that there is
justification and it is in the public's best interest to remove
the existing traffic control signals and install new traffic
control signals with street lights and signing on Trunk Highway
No. 7 at Tonkawood Road - Woodland Road, and at County.State Aid
Highway No. 73 — 17th Avenue; and install interconnect on Trunk
Highway No. 7 from County State Aid Highway No. 61 (Shady Oak
Road) to.12th Avenue; and
WHEREAS, it is considered in the public's best interest
for the State to provide the master control equipment and two (2)
new cabinets and control equipment to operate said traffic
control signals; and
WHEREAS, it is anticipated that the traffic control
signals with street lights and signing work, and interconnect
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work is eligible for 90 percent Federal —aid Hazard Elimination
Funds; and
WHEREAS, the County, Minnetonka, Hopkins and the State
will participate in the cost,. maintenance and operation of the
new traffic control signals with street lights and signing, and
the interconnect as hereafter set forth;
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
r
providing the power supply to the service poles or pads, shall
constitute the actual "Construction Cost" and shall be so
referred to,hereinafter.
3. The State with its own forces and equipment or by
contract shall perform the traffic control signal work provided
for under State Project No. 2706 -168 and 2706 --169, and Federal
Project No. HES 078 -2(61) with the Construction Costs shared as
follows:
a. Trunk Highway No. 7 at Tonkawood Road — Woodland
Road. System "A." S.P. 2706 -168. Remove the
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existing traffic control signal and install a new
traffic control signal with street lights.
Estimated Construction Cost.is $101,000.00 which
includes State furnished materials. Anticipated
Federal —aid share is 90 percent. Anticipated
State's share is 5 Minnetonka's share is
5 percent.
b.' Trunk Highway No. 7 at County State Aid Highway
No. 73 —17th Avenue. System "B ". S.P. 2706 -169.
Remove the existing traffic control signal and
install a new traffic control signal with street
lights. Estimated Construction Cost is
$106,000.00 which includes State furnished
materials. Anticipated Federal —aid share is
90 percent. Anticipated State's share is
5 percent. County's share is 1.25 percent.
Minnetonka's share is .625.percent. Hopkins share
is 3.125 percent
C. Trunk Highway No. 7 from County State Aid Highway
No. 61 (Shady Oak Road) to 12th Avenue.
S.P. 2706 -169. install interconnect. Estimated
Construction Cost is $26,000.00 which includes
• State furnished materials. Anticipated Federal
aid share is 90 percent. Anticipated State's'
share is 5 percent. County's share is
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1.25 percent. Minnetonka's share is 1.04 percent.
Hopkins share is 2.71 percent.
4. The State shall install or cause the installation
of overhead signing and shall maintain said signing all at no
cost to the County, Minnetonka or Hopkins.
5. Upon execution of this agreement and a request in
writing by the State, the County, Minnetonka and Hopkins shall
each advance to the State an amount equal to their portion of the
project costs. The County's, Minnetonka's and Hopkins' total
portion shall consist of the sum of the following:
a) The County's, Minnetonka's and Hopkins'
respective share (as specified in Paragraph
3) based on the actual bid prices and the
estimated State furnished materials costs.
b) Six (6) percent of its share (Item (a) above]
for the cost of Engineering and Inspection.
6. Upon completion and final acceptance of the
project, the County's, Minnetonka's and Hopkins' final share
shall consist of the sum of the following:
a) The County's, Minnetonka's and Hopkins'
respective final share (as specified in
Paragraph 3) based on the.final payment to
the Contractor and the actual State furnished
materials costs.
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b) Six (6) percent of its final share (Item (a)
above] for the cost of Engineering and
Inspection.
The amount of the funds advanced by the County,
Minnetonka and Hopkins in excess of the County's, Minnetonka's
and Hopkins' final share will be returned to the County, '
Minnetonka and Hopkins without interest and -the County,
Minnetonka and Hopkins agrees to pay to the State that amount of
its final share which is in excess of the amount of the funds
advanced by the County, Minnetonka and Hopkins.
7. Minnetonka shall perpetuate an adequate electrical
power supply to the service pad or pole, and upon completion of
said traffic control signal with street lights installation
(System "A ") shall continue to provide necessary electrical power
for its operation at the cost and expense of the Minnetonka.
8. Upon completion of the work contemplated in
Paragraph '3a (System hereof, it shall. be Minnetonka' s
responsibility, at its cost and expense, to: (1) maintain the
luminaires; (2) relamp the traffic control signal and street
lights; and (3) clean and paint the traffic control signal,
cabinet and luminaire mast arm extensions. It shall be the
State's responsibility, at its cost and expense to perform all
other traffic control signal and street light maintenance.
9.; Hopkins shall perpetuate an adequate electrical
power supply to the service pad or pole, and upon completion of
said traffic control signal with street lights installation
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(System "B ") shall to provide necessary electrical power
for its operation at the cost and expense of Hopkins.
-AO. Upon completion of the work contemplated in
Paragraph 3b and 3c (System "B" and interconnect) hereof, it
shall be Hopkins' responsibility, at its cost and expense, to:
(1) maintain the luminaires; (2) relamp the traffic control
signal and street lights; and (3) clean and paint the traffic
control signal, cabinet and luminaire mast arm extensions. It
shall be the State's responsibility, at its cost and expense to
maintain the interconnect and to perform all other traffic
control signal and street light maintenance.
11. Any and all persons engaged in the aforesaid work,,
to be performed by the State.shall not be considered employees of
the County, Minnetonka or Hopkins 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 fifth 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 or Hopkins. The State
shall not be responsible under the Worker's Compensation Act for
any employees of the County, Minnetonka or Hopkins..
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
.M
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
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 and Hopkins 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 and
Hopkins, their officers, agents and employees
from all suits, actions and claims of any
68670
b)
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
neglect in safeguarding the work; or through
use of unacceptable materials in constructing
the work; 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 be
of any claims arising or amounts recovered
under the Worker's Compensation Act; or under
other law, ordinance, order to decree.
The Contractor shall purchase and maintain
such insurance for and in behalf of himself
and the County, as an 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
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contract, whether such operations be by the
Contractor or by any subcontractor or by
t anyone directly employed by any of them, or
by anyone for whose acts any of them may be
liable. Said insurance shall protect against
claims as set forth below:
1. Worker's Compensation and Employer's
Liability Insurance
(A) Worker's Compensation insurance
shall be as required by law and
shall include all states or
universal endorsement.
(B) Employer's Liability insurance
shall be written for not less than
$100,000 each occurrence.
2. Comprehensive General and Automobile
Liability Insurance
(A) Minimum Limits:
Bodily and Personal Injury
$1,000,000 per occurrence
Property Damage
$1,000 per occurrence
(B) The following coverages must be
specifically insured and certified
with no internal sublimits.
Aggregate limits are acceptable for
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Q
property damage due to the products
hazard:
(1) Independent Contractors
Contingent Liability or Owners
Protective Liability
(2) Products Liability,
(3) Contractual Liability
(4) "X, C, U" Hazard Liability
(5) Personal Injury Liability
including claims related to
employment
(6) Broad Form Property Damage
Liability, or deletion of the
"Care, Custody,.and Control"
exclusion
,(7) Owned, Hired and Non- -Owned
Automobile Liability
(8) Waiver of Defense of Municipal
Liability immunity
(9) Aircraft Liability (If
Applicable)
(10) Watercraft Liability (If
Applicable)
C) The contractual liability is to be
either on a blanket basis for all
written or oral contracts, or
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specifically endorsed to
acknowledge this contract
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.
d) The above subparagraph establish minimum
insurance requirements, and it is in the sole
responsibility of the Contractor to purchase
and maintain additional insurance that may be
necessary in connection with this contract.
e) The Contractor shall not commence work until
the Contractor has filed an acceptable
certificate or 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.'s 2706 -168 and 2706 -169 in
procuring and maintaining for the duration of
the Contractor's contractual obligation to
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said State project. As 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 on 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 -
invoice, promptly make payment thereof to the
State.
16. Timing of the 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.
17: Upon execution by the County, Minnetonka, Hopkins
and the State and completion of the construction work provided
for herein, this agreement shall supersede and terminate the
operations and maintenance terms of Agreement No. 58457, dated
March 28, 1977, for the intersection of Trunk Highway No. 7 at
Tonkawood Road -- Woodland Road, between Minnetonka and the State.
.18. Upon execution by the County, Minnetonka, Hopkins
and the State and completion of the construction work provided
for herein, this agreement shall supersede and terminate the
operations and maintenance terms of Agreement No. 58459, dated
686'70
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May 17, 1977, for the intersection of Trunk Highway No. 7 at
County State Aid Highway No. 73 — 17th Avenue, between the
County, Hopkins and the State.
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COUNTY OF HENNEPIN
By
Clerk of the County Board Chairman of the County Board
Dated Dated
RECOMMENDED FOR APPROVAL:
By By
Director, Department Associate County Administrator
of Transportation and County Engineer
Dated _ - Dated
Upon proper execution, this
agreement will be legally
valid and binding.
Bev
i Assistant County Attorney
Dated
APPROVED AS To FORM:
(County Seal)
APPROVED AS*TO EXECUTION:
By
Assistant County Attorney
Dated -
CITY OF MINNETONKA
:,
City Attorney Mayor
(City Seal)
By
City Manager
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•
APPROVED AS TO FORM:
City Attorney
CITY OF HOPKINS
By
Mayor
(City Seal)
By
City Manager
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
By
Assistant District Engineer Assistant Commissioner
Operations Division
Dated
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
By
Assistant Attorney General —
State of Minnesota
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Dated
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 remove the existing traffic control signals and install
new traffic control signals with street lights and signing
on Trunk Highway No. 7 at Tonkawood Road— Woodland Road,
and at County State Aid Highway No. 73 — 17th Avenue; and
install interconnect on Trunk Highway No. 7 from County
State Aid Highway No. 61 (Shady Oak Road) to 12th Avenue
in accordance with the terms and conditions set forth and
contained in Agreement No.,68670, 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 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 , 1991, as shown
by the minutes of said meeting in my possession.
(Seal) City Clerk
.. s
RESOLUT
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 remove the existing traffic control signals and install
new traffic control signals with street lights and signing
on Trunk Highway No. 7 at Tonkawood Road — Woodland Road,
and at County State Aid Highway No. 73 — 17th Avenue; and
install interconnect on Trunk Highway No. 7 from County
State Aid Highway No. 61 (Shady Oak Road) to 12th Avenue
in accordance with the terms and conditions set forth and
contained in Agreement No. 68670, 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 City of Hopkins at a duly authorized meeting there of
held on the day of 1991, as shown by the.
minutes of said meeting in my possession.
(Seal)
City Clerk