97-014
CITY OF SHOREWOOD
RESOLUTION NO. 97- 14
A RESOLUTION AUTHORIZING EXECUTION OF A
COOPERATIVE SIGNAL AGREEMENT AT
TRUNK HIGHWAY 7 AND CHRISTMAS LAKE ROAD
WHEREAS, the State of Minnesota has determined that there is justification and it
is in the public's best interest to:
. remove the existing traffic control signal; and
. install and remove a temporary traffic control signal with street lights; and
. and install a new traffic control signal with street lights, Emergency Vehicle
Pre-emption (EVP)and signing on Trunk. Highway No.7 at Christmas Lake
Road; and
WHEREAS, the cities of Shorewood and Greenwood and the State of Minnesota
will participate in the cost, maintenance and operation of the temporary traffic control signal
with street lights, and the new traffic control signal with street lights, Emergency Vehide
Pre-emption System, and signing.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Shorewood, Minnesota that the City of Shorewood enter into an agreement
with the State of Minnesota, Department of Transportation for the following
purposes, to wit:
To remove the existing traffic control signal, install and remove a temporary
traffic control signal with street lights, and install a new traffic control signal
with street lights, emergency vehicle pre-emption and signing on Trunk.
Highway No.7 at Christmas Lake Road in accordance with the terms and
conditions set forth and contained in Agreement No. 75801, 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 herein.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 24th day of February, 1997.
Ja
ATTEST:
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 75801
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF SHOREWOOD
AND
THE CITY OF GREENWOOD
TO
Remove the existing Traffic Control Signal, Install and Remove a
temporary Traffic Control Signal with Street Lights, and Install
a new Traffic Control Signal with Street Lights, Emergency
Vehicle Pre-emption and Signing on Trunk Highway No. 7 at
Christmas Lake Road in Shorewood and Greenwood, Hennepin County,
Minnesota.
S.P. 2706-164
S.P. 216-010-02
F.P. STPF 2796 (159)
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
AMOUNT ENCUMBERED
City of Shorewood
58,370.00
None
Otherwise Covered
Attachment 1
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "Statell, and the City of Shorewood,
hereinafter referred to as "Shorewood", and the City of
Greenwood, hereinafter referred to as "Greenwood II , WITNESSETH:
WHEREAS, Minnesota Statutes Section 161.20 (1994)
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 signal, install and remove a
temporary traffic control signal with street lights, and install
a new traffic control signal with street lights, emergency
vehicle pre-emption and signing on Trunk Highway No. 7 at
Christmas Lake Road; and
WHEREAS, Shorewood and Greenwood requests and the State
agrees to the installation of an Emergency Vehicle Pre-emption
System, hereinafter referred to as the "EVP System", as a part of
the new traffic control signal installation on Trunk Highway
No. 7 at Christmas Lake Road and in accordance with the terms and
conditions hereinafter set forth; and
WHEREAS, it is anticipated that the temporary traffic
control signal with street lights, and the new traffic control
75801
-1-
signal with street lights, EVP System and signing is eligible for
80 percent Federal-aid Surface Transportation Program Flexible
Funds; and
WHEREAS, it is considered in the public's best interest
for the State to provide a new cabinet and control equipment to
operate said new traffic control signal; and
WHEREAS, Shorewood, Greenwood and the State will
participate in the cost, maintenance and operation of the
temporary traffic control signal with street lights, and the new
traffic control signal with street lights, EVP System, and
signing, as hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal which shall constitute "Preliminary
Engineeringll. 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
providing the power supply to the service poles or pads, shall
constitute the actual IIConstruction Costll and shall be so
referred to hereinafter.
75801
-2-
3. The State with its own forces and equipment or by
contract shall perform the traffic control signal work on Trunk
Highway No. 7 at Christmas Lake Road, and as provided for under
State Project No. 2706-164, State Project No. 216-010-02 and
Federal-aid Project No. STPF 2796 (159) with the Construction
Costs shared as follows:
a} Install and remove a temporary traffic
control signal with street lights. Estimated
Construction Cost is $60,000.00. Anticipated
Federal-aid share is 80 percent. Anticipated
State's share is 20 percent.
b} Remove the existing traffic control signal
and install a new traffic control signal with
street lights, EVP System and signing.
Estimated Construction Cost is $155,000.00
which includes State furnished materials.
Anticipated Federal-aid share is 80 percent.
Anticipated State's share is 15 percent.
Shorewood's share is 5 percent.
4. Upon execution of this agreement and a request in
writing by the State, Shorewood shall advance to the State an
amount equal to its portion of the project costs. Shorewood's
total portion shall consist of the sum of the following:
a) Shorewood's share (as specified in
Paragraph 3) based on the actual bid prices
75801
-3-
and the estimated State furnished material
costs.
b} Eight (8) percent of its share [Item (a)
above] for the cost of Engineering and
Inspection.
5. Upon completion and final acceptance of the
project, Shorewood's final share shall consist of the sum of the
following:
a) Shorewood's share (as specified in
Paragraph 3), based on the final paYment to
the Contractor and the actual State furnished
materials costs.
b) Eight (8) percent of its final share
[Item (a) above] for the cost of Engineering
and Inspection.
The amount of the funds advanced by Shorewood in
excess of Shorewood's share will be returned to Shorewood without
interest and Shorewood agrees to pay to the State that amount of
its final share which is in excess of the amount of the funds
advanced by Shorewood.
6. Upon completion of the work contemplated in
Paragraph 3 hereof, it shall be the State's Contractors
responsibility, at its cost and expense, to maintain and keep in
repair said temporary traffic control signal.
75801
-4-
7. Shorewood and Greenwood shall jointly be
responsible for the installation of an adequate electrical power
supply to the service pads or poles, and for providing the
necessary electrical power for the operation of the temporary and
new traffic control signals with street lights installations, at
the shared costs of 50 percent Shorewood and 50 percent
Greenwood. Shorewood shall receive the bill for the installation
of the electrical power supply and the monthly electrical bill
for the temporary and new traffic control signals with street
lights, and invoice Greenwood for 50 percent of the costs.
8. Upon completion of the work contemplated in
Paragraph 3 hereof, it shall be Shorewood's responsibility, to:
(1) maintain the luminaires and all its components, including
replacement of the luminaire if necessary; (2) relamp the new
traffic control signal with street lights, except for the Red LED
signal indications which shall be relamped by the State for the
5 year warranty period and by Shorewood thereafter; and (3) .clean
and paint the new traffic control signal, cabinet and luminaire
mast arm extensions. Shorewood shall invoice Greenwood for
50 percent of the costs of the above mentioned maintenance
responsibilities assigned to Shorewood. It shall be the State's
responsibility, at its cost and expense, to maintain the signing
and to perform all other traffic control signal and street light
maintenance.
75801
-5-
9. The EVP System provided for in Paragraph 3 hereof
shall be installed, operated, maintained, or removed in
accordance with the following conditions and requirements:
a) All maintenance of the EVP System shall be
done by State forces.
b) Emitter units may be installed and used only
on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01,
Subdivision 5 and 169.03. Shorewood and
Greenwood 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 System shall be
reported to the State immediately.
d) In the event said EVP System 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 Shorewood or Greenwood of written notice
thereof from the State, the State shall
remove the EVP System. Upon removal of the
EVP System pursuant to this Paragraph, the
field wiring, cabinet wiring, detector
75801
r
-0-
receivers, infrared detector heads and
indicator lamps and all other components
shall become the property of the State.
e) All timing of said EVP System shall be
determined by the State through its
Commissioner of Transportation.
10. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
Shorewood and Greenwood and any and all claims that mayor might
arise under the Workers' Compensation Act of this State on behalf
of said employees while so engaged, and any and all claims made
by any fourth 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 Shorewood and Greenwood. The State shall not
be responsible under the Worker's Compensation Act for any
employees of Shorewood and Greenwood.
11. All timing of the new and temporary 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.
12. Upon execution by Shorewood, Greenwood and the
State and completion of the construction work provided for
herein, this agreement shall supersede and terminate Agreement
No. 55328 dated May 14, 1968, between the parties.
75801
-7-
13. Upon execution by Shorewood, Greenwood and the
State and completion of the construction work provided for
herein, this agreement shall supersede and terminate Agreement
No. 1146-R dated September 17, 1970, between Greenwood and the
State.
75801
-8-
CITY OF SHOREWOOD
APPROVED ~O
/~ fJ
By .. ~ if
Mayor
I
11 (City ~eal)
i I'~ !~1
BY..' "".1\JW C ,'iJ<<JVYY\
Ci9Y Administrator-Clerk
(j
CITY OF GREENWOOD
APPROVED AS TO FORM:
By
City Attorney
Mayor
(City Seal)
By
City Clerk-Treasurer
75801
-9-
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Assistant Division Engineer
APPROVED AS TO FORM AND EXECUTION:
Assistant Attorney General
State of Minnesota
75801
-10-
DEPARTMENT OF TRANSPORTATION
By
Assistant Commissioner
Dated
DEPARTMENT OF ADMINISTRATION
By
Dated
DEPARTMENT OF FINANCE
By
Dated