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Agreement MNDOT 60833Must bear the city's /county's seal. C. E. Wci District State Aid Engineer Minnesota Department of Transportation 2055 North Lilac Drive Golden Valley, MN 55422 * This / $ ay, e-xd L' opy OP, f/411/ eer /el wit/ b irsrtizr e 7 'we/' 4 h` -lb.( /e.5' Minnesota Department of Transportation i Dbir ict 5 2055 No. Lilac Drive Golden Valley. Minnesota 55422 IMPORTANT • .till 1:{.1 X11•!.., r,:,lit? t.:,.il,:r.l•e•f . CITY/COUNTY: ATTENTION: _ STATE PROJECT: � f ( G kT / ( l . fatefir 4 ' 1. The original and ___L copies of this agreement must be signed by the appropriate city /county officials. 2. r copies of the city's /county's resolution designating officers to execute the agreement must be certified, inrludi seal. 3. When this agreement becomes fully executed, one of the copies will ba returned to the city /county. Kindly return the executed agreement and resolutions to: i �., 1O #f7 y r r. Uv4 c r (612)545-3761 27 --6/2 S3/ e/c AGREEMENT NO.: 60 R.33 TYPE OF AGREEMENT: 22: / C.? a� 7f/-e bri f a .4yrrtn1 - r4.e / .tom - -/ ya(f u,2e'n �/erem"en/ cY / /2 e rec- ef�/of/ by 41 epee G :.; 4G /C/ n ewP • • BE IT RESOLVED that the City of Hopkins enter into an agreement with the State of Minnesota, Department of Trans- portation for the following purposes, to-wit: To provide a traffic control signal with street lights on the Trunk Highway No. 7 West Ramp and a traffic control signal with street lights and signing on the Trunk Highway No. 7 East Ramp at County State Aid Highway No. 18 and interconnect work in accordance with the terms and conditions set forth and contained in Agreement No. 60833, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City of Hopkins 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. 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 , 1982, as shown by the minutes of said meeting in my possession. (Seal) RESOLUTION CERTIFICATION City Clerk • • • • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 60833 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF HENNEPIN AND THE CITY OF HOPKINS AND THE CITY OF ST. LOUIS PARK TO Provide a Traffic Control Signal with Street Lights on the Trunk Highway No. 7 West Ramp and a Traffic Control Signal with Street Lights and Signing on the Trunk Highway No. 7 East Ramp at County State Aid Highway No. 18 and Interconnection work in Hopkins and St. Louis Park, Hennepin County, Minnesota. C.P. 7227 S.P. 27- 618 -31 S.P. 2706 -134 S.P. 2706 -135 F.P. IX 5003(10) Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE FOR AMOUNT TO BE ENCUMBERED STATE FORGE ACCOUNT WORK City of Hoskins $ 562.50 County's Contractor $43,300.00 City of St. Louis Park $ 562.50 County of_ /Icnnc�i 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 Hopkins, hereinafter referred to as Hopkins and the City of St. Louis Park, hereinafter referred to as St. Louis Park, WITNESSETH: WHEREAS, the State has prepared the necessary plan and specifications to provide a traffic control signal with street lights on the Trunk Highway No. 7 West Ramp and a traffic control signal with street lights and signing on the Trunk Highway No. 7 East Ramp at County State Aid Highway No. 18. and interconnect work • in Hopkins and St. Louis Park and designated as State Project No. 2706 -134, and WHEREAS, the County has prepared the necessary plan, specifications and proposal, which includes the aforesaid traffic control signal plan and specifications, for grading, surfacing and bridge construction on County State Aid Highway 18 between 2nd Street North in Hopkins and 100 feet south of Minnehaha Creek in St. Louis Park and designated as County Project No. 7227, State Project No. 27- 618 -31, State Project No. 2706-135 and Federal Project No. IX 5003(10); and WHEREAS, a contract for the construction of all of the facilities contained in the aforesaid County plans will be advertised, awarded, administered, supervised and directed in accordance with the terms and conditions set forth in an existing 60833 -1- • "Agency Agreement" between the County and the Commissioner of Transportation which "Agency Agreement" also provides for the said Commissioner to act as agent for the County for the acceptance and the receipt of all Federal funds made available for County projects; and WHEREAS, the State desires that the aforesaid traffic control signals with street lights and signing and interconnect construction be performed under said "Agency Agreement" with the State participating in the costs thereof as hereinafter set forth; and pursuant to said "Agency Agreement" the Commissioner of Transportation will make all payments to the contractor including • the State's share of the said traffic control signals and interconnect construction plus the anticipated Federal -aid funds participation portion of such construction. This agreement also provides for payment by the State directly to the County of the State's and the anticipated Federal Highway Administration's proportionate share of the construction engineering costs incurred by the County in connection with said State cost participation construction; and WHEREAS, it is considered in the public's best interest for the State to provide the cabinets and control equipment to operate said new traffic control signals; and WHEREAS, it is anticipated that the traffic control signal with street lights on the Trunk Highway No. 7 West Ramp and traffic control signal with street lights and signing on the Trunk • 60833 -2- • • • Highway No. 7 East Ramp at County State Aid Highway No. 18, interconnection work and the State furnished traffic signal cabinets and control equipment will be eligible for Federal Interstate Substitution (IX) funds participation at the rate of eighty -five (85) percent of the costs; and WHEREAS, pursuant to said "Agency Agreement" the said Commissioner will among other things administer the contract for the construction set forth in the aforesaid County plans and in conjunction therewith make payments to the contractor; and 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 County, Hopkins, St. Louis Park and the State will participate in the cost of said cabinets and control equipment and the cost, maintenance and operation of said new traffic control signal with street lights and traffic control signal with street lights and signing and interconnection work as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County shall prepare the necessary plans, specifications and proposals and the County shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above 60833 -3- 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 State will furnish to the County the traffic signal cabinets and control.equipment and the County shall install, or cause the installation of, a new traffic control signal with street lights on the Trunk Highway No. 7 West Ramp and a traffic control signal with street lights and signing on the Trunk Highway • No. 7 East Ramp at County State Aid Highway No. 18 and inter- connection work in accordance with the plans and specifications for State Project No. 27- 618 -31 also identified as Federal Project No. IX 5003(10) and State Project No. 2706 -134 made a part hereof by reference. Estimated Construction Cost is $115,800.00 which cost includes $30,000 for State force account work and $800.00 for the signing to be installed in conjunction with the traffic control signal with street lights on the Trunk Highway No. 7 East Ramp at County State Aid Highway No. 18. For the $115,000.00 construction cost, which cost excludes the aforementioned signing, it is anticipated the Federal -aid share is 85 percent, Hopkins share is 1.875 percent, St. Louis Park's share is 1.875 percent, County's share is 3.75 percent and State's share is 7.5 percent. For the 60833 -4- $000.00 cost for signing it is anticipated the Federal -aid share is . 85 percent and the State's share is 15 percent. 4. Upon execution of this agreement and a request in writing by the State, Hopkins, St. Louis Park and the County shall each advance to the State an amount equal to their share of the cost for State force account work based on the estimated cost for State force account work and actual Federal -aid share. 5. Upon completion of the work by state forces provided for herein and computation of Hopkins', St. Louis Park's and the County's shares for the State force account work provided for herein, that amount of the funds advanced by Hopkins, St. Louis Park and the County in excess of their shares will be returned without interest and Hopkins, St. Louis Park and the County each agree to pay to the State that amount of their share which is in excess of the amount of the funds advanced by Hopkins, St. Louis Park and the County. 6. If it appears, at any time, that the cost to the County for the State force account work provided for in paragraph 3 will exceed the estimated amount of $1,125.00 the State will promptly notify the County Engineer in writing as to the amount and the reason for the increased cost. . 7. In accordance with the terms and conditions set forth in the aforesaid "Agency Agreement ", the following costs shall be paid to the contractor: Of the $85,000.00 construction cost (which cost excludes the aforementioned State force 60833 -5- account work and signing costs)_ -- State's share of 7.5 percent and fifty (50) percent of the Federal -aid share. Of the $800.00 for the signing provided for in paragraph 3 -- State's share of 15 percent and Federal -aid share of 85 percent. 8. The amount to be encumbered for payment to the Contractor from Trunk Highway Funds for construction work performed under this Agreement is $43,300.00 which amount includes $36,805.00 for the Federal -aid share. In the event that at any time it appears that such reimbursement will exceed said sum, the County shall promptly notify the State's District Engineer at Golden Valley or his duly authorized representative of the reason for the increase in cost and the amount of additional funds necessary to complete the project. If approved by the State's District Engineer at Golden Valley or his duly authorized representative, additional funds shall be encumbered by the State and notice by the State's District Engineer at Golden Valley or his duly authorized representative to the County of that additional encumbrance will permit the County to perform that additional work. 9. The cost to the State for preparation of plans and specifications for the traffic control signals and interconnect work and the State's share of the cost for Engineering and Inspection for the County work provided for in paragraph 3 are considered equal in value and no charges will be made by either party to the other therefor. 60833 -6- • 10. The construction work provided for herein shall be • under the direction and supervision of the County. It is agreed, however, that the State shall have the right to periodically inspect said cost sharing construction work. 11. Upon completion of the traffic control signal with street lights and interconnection work provided for herein at the County State Aid Highway No. 18 and Trunk Highway No. 7 West Ramp, St. Louis Park shall provide an adequate electrical power supply to the service pole or pad and provide the electrical power to operate the traffic control signal and street lights and shall maintain the street lights and relamp, clean and paint the traffic control signal at the cost and expense of St. Louis Park; and the State shall maintain and keep in repair the traffic control signal except for relamping, cleaning and painting at its cost and expense. 12. Upon completion of the traffic control signal with street lights and interconnection work provided for herein at the County State Aid Highway No. 18 and Trunk Highway No. 7 East Ramp, Hopkins shall provide an adequate electrical power supply to the service pole or pad and provide the electrical power to operate the traffic control signal and street lights and shall maintain the street lights and relamp, clean and paint the traffic control signal at the cost and expense of Hopkins; and the State shall maintain and keep in repair the traffic control signal except for relamping, cleaning and painting at its cost and expense. 13. The County shall install or cause the installation of overhead signing as provided for in paragraph 3 at no cost to 60833 _7_ • the County or Cities of Hopkins and St. Louis Park. The State shall maintain said signing at no cost to the County or Cities of Hopkins or St. Louis Park. 14. Any and all persons engaged in the aforesaid work to be performed by the County 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 contemplated herein shall not be the obligation and responsibility of the State. 15. Timing of the two 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. 60833 -8- Date ATTEST: By Deputy County Auditor Chair of its County Board Date Date - Upon proper execution, this agreement will be legally valid Date and binding By RECOMMENDED FOR APPROVAL: Assistant County Attorney • Date By Director Approved as to Execution: Department of Transportation By Date Assistant County Attorney APPROVED AS TO FORM: City Attorney COUNTY OF HENNEPIN CITY OF HOPKINS By Mayor By 60833 -9- And Associate County Administrator and County Engineer City Clerk (City Seal) • APPROVED AS TO FORM: By City Attorney Mayor DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: District Engineer Operations Division Special Assistant Attorney General - State of Minnesota CITY OF ST LOUIS PARK By STATE OF MINNESOTA APPROVED AS TO FORM AND EXECUTION: 60833 -10- By Dated City Clerk DEPARTMENT OF TRANSPORTATION By Assistant Commissioner Dated DEPARTMENT OF ADMINISTRATION (City Seal) 'r State of Minnesota County of Hennepin City of St. Louis Park (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 purposes, to -wit: To provide a traffic control signal with street lights on the Trunk Highway No. 7 West Ramp and a traffic control signal with street lights and signing on the Trunk Highway No. 7 East Ramp at County State Aid Highway No. 18 and interconnect work in accordance with the terms and conditions set forth and contained in Agreement 60833, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City of St. Louis Park 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 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 1982, as shown by the minutes of said meeting in my possession. City Clerk