CR 2013-067 Approve Traffic Control Signal Agreement - Highway 7 and 5th Avenue North - Oak Ridge RoadCity of Hopkins
July 9, 2013 Council Report 2013-067
Approve Traffic Control Signal Agreement
Highway 7 and 5th Avenue N/Oak Ridge Road
Proposed Action
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2013-037, Resolution Approving Traffic Control Signal Agreement.
Overview
MnDot is replacing the traffic signal at Highway 7 and 5th Avenue N/Oak Ridge Road.
The attached agreement specifies that the City will contribute half of the cost of this
replacement as it typical of highway traffic signal projects. In addition, the City will
continue to be responsible for electricity and minor maintenance.
The signals are being upgraded to include Emergency Vehicle Preemption and pedestrian
countdown timers.
The cost to the City $137,214. The CIP had a budget of $145,000
Supporting Information
• Resolution 2013-037
• Traffic Control Signal Agreement
A, 44Z
o R. Bradford, P.E., CitA Engineer
Financial Impact: $ 137,214 Budgeted: Y/N Y Source: PIR
Related Documents (CIP, ERP, etc.): 2013-2017 CIP
Notes:
Mn/DOT Contract No: 03172
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF HOPKINS
TRAFFIC CONTROL SIGNAL AGREEMENT
State Project Number (S.P.):
Trunk Highway Number (T.H.):
State Aid Project (S.A.P.):
City Project:
Signal System ID
2706-227
7=012
132-345-007
2013-08
20144
Total City Obligation
$137.214.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
City of Hopkins acting through its City Council ("City").
Recitals
1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal
Pole Mounted Luminaires, Interconnect, and Signing ("Signal System"), on Trunk Highway No. 7 at 5h
Avenue North/Oakridge Road, in the City of Hopkins, Hennepin County, Minnesota, according to
State -prepared plans, specifications and special provisions designated by the State as State Project No. 2706-
227 (T.H. 7=012)("Project"); and
2. The State will install an Emergency Vehicle Pre-emption System ('EVP System") and Accessible Pedestrian
Signals ("APS") as part of the new Signal System; and
3. The State will furnish a cabinet and controller, ("State Furnished Materials"), according to the Project Plans,
to operate the Signal System covered under this Agreement; and
4. The City wishes to participate in the costs of the Signal System, APS, and EVP System construction, State
Furnished Materials lump sum amounts and associated construction engineering; and
5. The City and the State will participate in the operation and maintenance of the new Signal System, APS, and
EVP System.
6. Minnesota Statutes § 161.20, subdivision 2 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.
Agreement
1. Term of Agreement; Survival of Terms; Plans
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State
Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
The terms and conditions set forth in Article 3. Signal System and EVP System Operation and Maintenance
will survive the expiration of this Agreement, but may be terminated by another Agreement between the
parties.
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Mn/DOT Contract No: 03172
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the
State as State Project No. 2706-227 (T.H. 7=012) are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans")
1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this
Agreement by reference.
2. Construction by the State
2.1. Contract Award. The State will advertise forbids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction
activities performed under the construction contract, and perform all construction engineering and
inspection functions in connection with the contract construction. All contract construction will be
performed according to the Project Plans.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include the City
participation construction covered under this Agreement, and will enter into any necessary addenda,
change orders and supplemental agreements with the State's contractor that are necessary to cause the
contract construction to be performed and completed in a satisfactory manner. The State District
Engineer's authorized representative will inform the appropriate City official of any proposed addenda,
change orders and supplemental agreements to the construction contract that will affect the City
participation construction covered under this Agreement.
B. The City may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be accommodated
without undue disruption to the Project, the State will cause the additional work or plan changes to be
made.
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
3. Signal System and EVP System Operation and Maintenance
0eration and maintenance responsibilities will be as follows for the Signal System and EVP System on T.H. 7 at
5 Avenue North/Oakridge Road.
3.1. City Responsibilities
A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power
supply to the service pad or pole and will pay all monthly electrical service expenses necessary to
operate the Signal System, and EVP System.
B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State.
L Maintain the signal pole mounted L.E.D. luminaires and all internal components, including replacing
the L.E.D. luminaires and all internal components when necessary.
ii. Replace the Signal System L.E.D. indications.
iii. Clean the Signal System controller cabinet and service cabinet exteriors.
iv. Clean the Signal System and luminaire mast arm extensions.
3.2. State Responsibilities
A. Interconnect, Timing; Other Maintenance. The State will maintain the Interconnect and signing, and
perform all other Signal System, APS, and signal pole L.E.D. luminaire circuit maintenance without cost
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Mn/DOT Contract No: 03172
to the City. All Signal System timing will be determined by the State, and no changes will be made
without the State's approval.
B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed
according to the following conditions and requirements:
i. All maintenance of the EVP System must be done by State forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. The City will provide the State's District Engineer or their designated
representative a list of all vehicles with emitter units, if requested by the State.
iii. Malfunction of the EVP System must be reported to the State immediately.
iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the
conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after
the City receives written notice from the State, the State may remove the EVP System. Upon
removal of the EVP System pursuant to this Paragraph, all of its parts and components become the
property of the State.
v. All timing of the EVP System will be determined by the State.
3.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way
to perform the maintenance activities described in this Agreement.
3.4. Related Agreements This agreement will supersede and terminate the operation and maintenance terms of
Agreement No. 73428, dated June 30, 1995, between the State, Hennepin County, the City of Minnetonka,
the City of St. Louis Park, and the City for the intersection of T.H. 7 at 5h Avenue North/Oakridge Road.
Hennepin County, the City of Minnetonka, and the City of St. Louis Park will be sent a letter informing
them of this termination.
4. Basis of City Cost
4.1. SCHEDULE "F: The Preliminary SCHEDULE "I" includes all anticipated City participation construction
items, State Furnished Materials lump sum amounts and the construction engineering cost share covered
under this Agreement, and is based on engineer's estimated unit prices.
4.2. City Participation Construction. The City will participate in the following at the percentages indicated:
50 Percent will be the City's rate of cost participation for the Signal System, APS, EVP System and State
Furnished Materials on T.H. 7 at 5"' Avenue North/Oakridge Road.
4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of
the total City participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda, change orders and supplemental agreements that are necessary to complete the City participation
construction covered under this Agreement, including any City requested additional work and plan changes.
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, construction contract addenda, change orders and supplemental agreements, and associated
construction engineering before the completion of the contract construction.
5. City Cost and Payment by the City
5.1. City Cost. $137,214.00 is the City's estimated share of the costs of the contract construction, State Furnished
Materials and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE
"I". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may
include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a
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Mn/DOT Contract No: 03172
Revised SCHEDULE "I" based on construction contract unit prices, which will replace and supersede the
Preliminary SCHEDULE "I" as part of this agreement.
5.2. Conditions of Payment, The City will pay the State the full and complete bid based -lump sum amount as
shown in the Revised SCHEDULE "I", after the following conditions have been met:
A. Execution of this Agreement and transmittal to the City, including a copy of the Revised SCHEDULE
1111
B. The City's receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount
due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract
construction will be final, binding and conclusive upon the City as to the satisfactory completion of the
contract construction.
5.4. Final Payment, Additional City Requested Work
Upon completion of all contract construction and upon computation of the final amount due the State's
contractor, and only if additional work has been requested under Article 2.3.13 of this Agreement, the State
will prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" will be
based on final quantities of any additional City requested participation construction items and the
construction engineering cost share due to additional requested work. The computation by the State of the
amount due from the City will be final, binding and conclusive.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name/Title: Allan Espinoza, Mn/DOT Metropolitan District Traffic Engineering, (or successor)
Address: 1500 County Road B2 West, Roseville, MN 55113
Telephone: (651) 234-7812
Fax: (651) 234-7850
E -Mail: allan.espinoza@state.mn.us
6.2. The City/County's Authorized Representative will be:
Name/Title: John Bradford, Hopkins City Engineer (or successor)
Address: 11100 Excelsior Boulevard, Hopkins, MN 55343
Telephone: (952) 935-8474
Fax: (952)935-1834
E -Mail: jbradford@hopkinsmn.com
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment, Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
C=
Mn/DOT Contract No: 03172
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
8. Liability; Worker Compensation Claims
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination.
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the performance of contract construction under the Project. Termination must
be by written or fax notice to the City.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
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CITY OF HOPKINS
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
Mn/DOT Contract No: 03172
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
in
CITY OF HOPKINS
RESOLUTION
IT IS RESOLVED that the City of Hopkins enter into Mn/DOT Agreement No. 03172 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the Traffic
Control Signal construction and other associated construction to be performed upon, along and
adjacent to Trunk Highway No. 7 at 5`h Avenue North/Oakridge Road within the corporate City
limits of Hopkins under State Project No. 2706-227 and State Aid Project No. 132-345-007
(T.H. 7=012).
IT IS FURTHER RESOLVED that the
(Title)
amendments to the Agreement.
and the
(Title)
are authorized to execute the Agreement and any
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Hopkins at an authorized meeting held on the day of
2013, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of 2013
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
S.P. 2706-227(T.H.7=012)
S.A.P. 132-345-007
Traffic control signal construction to start appro)i
State Contract No. with
located on Trunk Highway No. 7 at 5th Avenue I
PRELIMINARY SCHEDULE "I"
Agreement No. 03127
Citv of Hopkins
3, 2013 under
d, Hopkins, MN.
Preliminary June 5.2013
CITY OF HOPKINS TRAFFIC SIGNAL COST PARTICIPATION
Participating
City Cost
Total City
Costs
Participation
Cost
Rates
2565.511 Signal System $220,000.00
50.0%
$110,000.00
2565.601 Emergency Vehicle Pre-emption System 8,000.00
50.0%
4,000.00
State Furnished Materials 26,100.00
50.0%
13,050.00
Construction and State -Furnished Materials Subtotals
Construction Engineering (8%)
Totals (Construction + State Furnished Materials+Construction
a$ #egeiiteA iar&rticle 5 of the Agreement (Estimated kinount)
$127,050.00
10,164.00
(1) $137,214.00
Data is considered Non-public prior to project award. - 2 -
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2013-037
RESOLUTION APPROVING
TRAFFIC CONTROL SIGNAL AGREEMENT
WHEREAS, MnDot is replacing the traffic control signal at Hwy 7 and 5th Avenue
North/Oak Ridge Road, and
WHEREAS, the City had an interest in continuing to have a traffic control signal
in this location; and
WHEREAS, and agreement between MnDot and the City has been drafted,
outlining the rights and responsibilities of each party for this traffic control signal
replacement project;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Hopkins, Minnesota:
1. The Council enter into MnDot agreement No. 03172 with the State of
Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the
costs of the Traffic Control Signal construction and other associated
construction to be performed upon, along and adjacent to Trunk Highway
No. 7 at 5th Avenue North/Oakridge Road within the corporate City Limits
of Hopkins under State Project No. 2706-227 and State Aid Project No.
132-345-007 (T.H. 7=012).
2. The Mayor and City Manager are authorized and directed to execute the
Agreement and any amendments to the Agreement.
Adopted by the City Council of the City of Hopkins this 9th day of July, 2013.
Eugene J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk