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99-007 . . . . \ ~ ~~ CITY OF SHOREWOOD RESOLUTION NO. 99- 007 A RESOLUTION ACCEPTING EMERGENCY VEHICLE PREEMPTION DEVICES, CITY PROJECT 98-02, AUTHORIZING FINAL PAYMENT, AND AUTHORIZING AGREEMENT WITH MN/DOT FOR PERPETUAL MAINTANENCE OF EVP DEVICES. WHEREAS, the City of Shorewood has entered into a Contract on October 26, 1998, with Collins Electrical Systems, Inc., for City Project No. 98-02, Emergency Vehicle Preemption (EVP) Devices at the intersections of Old Market Road and County Road 19, with State Trunk Highway 7, and; WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date, and; WHEREAS, the Director of Public Works has made a final inspection of the project and recommends acceptance and final payment be made by the City, and; WHEREAS, the Minnesota Department of Transportation has requested that the City of Shorewood enter into an agreement, attached hereto as "Exhibit N' for perpetual maintenance of the EVP devices. NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. 4. The Mayor and City Administrator are hereby authorized to enter into an agreement with the Minnesota Department of Transportation, attached hereto as Exhibit A, for the perpetual maintenance of the EVP devices. . .. . . . '.., ADOPTED by the City Council of the City of Shore wood this 8th day of February 1999. ATTEST: s C. Hurm, City Administrator/Clerk . . .. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 78181R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION ~D THE CITY OF SHOREWOOD TO Install Emergency Vehicle Pre-emption at the existing Traffic Control Signals on Trunk Highway No. 7 at Old Market Road, and at County State Aid Highway No. 19 in Shorewood, Hennepin County, Minnesota. S.P. 2706-198 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Shorewood $2,000.00 None Otherwise Covered EXhwliA . THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Shorewood, hereinafter referred to as the "City", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1998) 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, it is justified and considered mutually desirable to install emergency vehicle pre-emption at the . existing traffic control signals on Trunk Highway No. 7 at Old Market Road, and at County State Aid Highway No. 19; and WHEREAS, the City requests and the State agrees to provide Emergency Vehicle Pre-emption Systems, hereinafter referred to as the "EVP Systems", as a part of the existing traffic control signal installations in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is considered in the public's best interest to perform the EVP System cabinet modifications with State forces and equipment. Such work as described immediately above shall hereinafter be referred to as "State force account work"; and . 78181R -1- . WHEREAS, the City and the State will share in the cost, operation, maintenance and removal of the EVP Systems as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering". The City shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection". 2. The City with its own forces and equipment or by contract shall install EVP Systems at the existing traffic . control signals on Trunk Highway No.7 at Old Market Road, and at County State Aid Highway No. 19 in accordance with State Project No. 2706-198, all at its own cost and expense. 3. The State with its own forces and equipment shall perform the EVP System cabinet modifications at the existing traffic control signals on Trunk Highway No. 7 at Old Market Road, and at County State Aid Highway No. 19. Estimated cost for the State force account work is $2,000.00. City's share lS 100 percent. 4. Upon execution and approval of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to its share of the costs as specified in . 78181R -2- . . . Paragraph 3. The City's costs shall be based on the estimated costs for State force account work. 5. Upon compilation of the actual costs for State force account work, the amount of the funds advanced by the City in excess of the City's share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 6. The EVP Systems provided for in Paragraph 2 hereof shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. All maintenance of the EVP Systems shall be done by State Forces. b. Emitter units may be installed and used only on vehicles responding to an emergency as defined 1n Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the State's Assistant Division Engineer or his duly appointed representative a list of all such vehicles with emitter units. c. Malfunction of the EVP Systems shall be reported to the State immediately. 78181R -3- . . . d. In the event said EVP Systems or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the City. e. All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 7. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims that mayor 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 City. 78181R -4- . . . 8. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that mayor 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 omlsslon 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. 78181R -5- . . . CITY OF SHOREWOOD APPROVED AS TO FORM: City Attorney By Mayor (City Seal) By City Administrator - Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Division Engineer Operations Division APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General State of Minnesota 78181R -6- DEPARTMENT OF TRANSPORTATION By Assistant Commissioner Dated DEPARTMENT OF ADMINISTRATION By Dated ~ . . . ~ RESOLUTION BE IT RESOLVED that the City of Shorewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre-emption at the existing traffic control signals on Trunk Highway No. 7 at Old Market Road, and at County State Aid Highway No. 19 in accordance with the terms and conditions set forth and contained in Agreement No. 78181R, 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 Shorewood that the foregoing Resolution is a resolution presented to and adopted by Shorewood at a duly authorized meeting day of , 1998, as said meeting In my possession. I hereby certify true and correct copy of a the Council of the City of thereof held on the shown by the minutes of City Administrator-Clerk (Seal)