14-046MnDOT Contract No: 04597
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF EXCELSIOR
And
CITY OF SHOREWOOD
TRAFFIC CONTROL SIGNAL
MAINTENANCE AGREEMENT
State Project No. 2706 -225
Control Section (C.S.): 2706
Trunk Highway Number (T.H.): 7 =012
Signal System ID 20133
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State "), the
City of Excelsior acting through its City Council ( "Excelsior "), and the City of Shorewood acting through its City
Council ( "Shorewood ").
Recitals
1. Hennepin County, Excelsior, Shorewood, and the State have found it in the best interest of the Public to
remove the existing Traffic Control Signal and Emergency Vehicle Preemption System and install a new
Traffic Control Signal with Accessible Pedestrian Signals ( "APS "), Signal Pole Mounted L.E.D. Luminaires,
Interconnect, and Signing ('Signal System "); and a new Emergency Vehicle Preemption System ( "EVP
System ") on Trunk Highway No. 7 at County State Aid Highway No. 19 (Oak Street) in the Cities of
Excelsior and Shorewood, Hennepin County, Minnesota; and
2. Excelsior, Shorewood, and the State wish to define their respective power, operation, and maintenance
responsibilities for the new Signal System and EVP System, on Trunk Highway No. 7 at County State Aid
Highway No. 19 (Oak Street) in the Cities of Excelsior and Shorewood, Hennepin County, Minnesota; and
3. Excelsior, Shorewood, and the State will participate in the power, operation and maintenance of the new
Signal System and EVP System.
4. Municipal Agreement No. 04956 between the State and Hennepin County will address the cost participation
for the new Signal System and EVP System; and
5. 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
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: 5. Liability; Worker Compensation Claims; Insurance;
7. State Audits; 8. Government Data Practices; 9. Governing Law; Jurisdiction; Venue; and 11. Force
MnDOT Contract No: 04597
Majeure. The terms and conditions set forth in Article 2. Signal System and EVP System Power, Operation
and Maintenance may be terminated by another Agreement between the parties.
2. Signal System and EVP System Power, Operation, and Maintenance
Operation and maintenance responsibilities will be as follows for the new Signal System and EVP System on
Trunk Highway No. 7 at County State Aid Highway No. 19 (Oak Street) in the Cities of Excelsior and
Shorewood.
2.1. Excelsior /Shorewood Responsibilities
A. Power. Excelsior and Shorewood shall be jointly responsible for the installation of an adequate power
supply to the service pad or pole, and for providing all necessary electrical power for the operation of the
new Signal system and EVP System. Excelsior shall receive the bill for the electrical power including
connection fees and the monthly electrical bill for the new Signal System and EVP System, and invoice
Shorewood for 50 percent of the costs.
B. Minor Signal System Maintenance. Excelsior and Shorewood shall jointly be responsible for the
following, without cost to the State.
i. Maintain the signal pole mounted L.E.D. luminaires and all internal components, including replacing
the luminaires 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
C. Sidewalks. Excelsior and Shorewood shall jointly be responsible for the maintenance of any sidewalk
construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps.
Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel
replacement, mowing grass boulevards (if any) and any other maintenance activities necessary to
perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition.
Excelsior shall Perform the minor signal system maintenance and sidewalk activities listed above and bill
Shorewood 50 Percent of the costs.
D. EVP. Excelsior and Shorewood will provide the State's District Engineer or their designated
representative a list of all vehicles with EVP emitter units, if requested by the State.
2.2. 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
to Excelsior and Shorewood. 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:
L Maintenance of the EVP System on Trunk Highway No. 7 at County State Aid Highway No. 19
(Oak Street) must be done by State forces. Excelsior and Shorewood will share equally in the
maintenance and Gopher State One Call costs for the advanced EVP detector and all its components
(including wiring) originating from the existing Hennepin County traffic signal handhole West (and
nearest) to the Hennepin County Signal mast arm location on County State Aid Highway No. 19
(Oak Street) at Water Street.
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MnDOT Contract No: 04597
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.
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
Excelsior or Shorewood 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
2.3. 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.
2.4. Related Agreements.
i. This agreement will supersede and terminate Agreement No. 66167, dated August 8, 1990, between
Hennepin County, Excelsior, and Shorewood, for the intersection of Trunk Highway No. 7 and
County State Aid Highway No. 19 (Oak Street) in Excelsior and Shorewood, Hennepin County,
Minnesota. Hennepin County will be sent a letter of termination regarding this agreement.
ii. This agreement will supersede and terminate terns and conditions of Agreement No. 78181R, dated
September 17, 1999, for maintenance and operation of the Emergency Vehicle Pre - emption System,
on Trunk Highway No. 7 at County State Aid Highway No. 19 (Oak Street) between Shorewood and
the State.
3. 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.
3.1. The State's Authorized Representative will be:
Name /Title: Allan Espinoza, MnDOT 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
3.2. Excelsior's Authorized Representative will be:
Name/Title:
Dave Wisdorf, Excelsior Public Works Director (or successor)
Address:
151 Oak Street, Excelsior, MN 55331
Telephone:
(952) 474 -5233
Fax:
(952) 474 -6300
3.3. Shorewood's Authorized Representative will be:
Name /Title: Larry Brown, Shorewood Public Works Director (or successor)
Address: 24200 Smithtown Road, Shorewood, MN 55331
Telephone: (952) 960 -7900
Fax: (952) 474 -0128
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MnDOT Contract No: 04597
4. Assignment; Amendments; Waiver; Contract Complete
4.1. 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.
4.2. 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.
4.3. 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.
4.4. Contract Complete. This Agreement contains all prior negotiations and agreements between Excelsior,
Shorewood, and the State. No other understanding regarding this Agreement, whether written or oral, may
be used to bind either party.
5. Liability; Worker Compensation Claims; Insurance
5.1. 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 Excelsior and Shorewood.
5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
6. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
7. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, Excelsior's and Shorewood'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.
8. Government Data Practices
Excelsior, Shorewood, and the State must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all
data created, collected, received, stored, used, maintained, or disseminated by Excelsior and Shorewood 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 Excelsior or Shorewood or the State.
9. 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.
10. Termination by Mutual Agreement
This Agreement may be terminated by mutual agreement of the parties.
11. 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
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MnDOT Contract No: 04597
parry'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 SHOREWOOD
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.
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Date: rVY1Y 2J1 , 20Vr{
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MnDOT Contract No: 04597
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
7-
CITY OF EXCELSIOR
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:
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MnDOT Contract No: 04597
CITY OF EXCELSIOR
RESOLUTION
IT IS RESOLVED that the City of Excelsior enter into MnDOT Agreement No. 04597 with the
State of Minnesota, Department of Transportation for the following purposes:
To participate in the power, operation and maintenance of the new Signal System and EVP
System, on Trunk Highway No. 7 at County State Aid Highway No. 19 (Oak Street) within the
corporate City limits of Excelsior and Shorewood, under State Project No. 2706 -225.
IT IS FURTHER RESOLVED that the and the
(Title)
are authorized to execute the Agreement and any
(Title)
amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Excelsior at an authorized meeting held on the day of
......_.....
2014, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of 2014
Notary Public
My Commission Expires _
(Signature)
('type or Print Name)
(Title)