1b. Approve No Parking Resolution for Park Road PW056 Approve Agreement for Pedestrian Crossings Signs on Park road 1b
MEMORANDUM
TO: Paul Oehme, Director Of Public Works /City Engineer
CITY OF
CHANHASSEN FROM: Alyson Fauske, Assistant City Engineer
7700 Market Boulevard DATE: October 22, 2012 O ti --C,P
PO Box 147
Chanhassen, MN 55317 SUBJ: Approve No Parking Resolution for Park Road — PW056
Approve Agreement for Pedestrian Crossing Signs on Park Road
Administration
Phone 952 2271100
Fax 952 2271110
PROPOSED MOTION
Building Inspections
Phone 952 2271180 "The City Council approves a resolution for No Parking on Park Road between
Fax 952 2271190 Park Drive and Powers Boulevard and the agreement for an enhanced
pedestrian cross walk system."
Engineering
Phone 952 2271160 City Council approval requires a simple majority vote.
Fax 952 2271170
Finance The Instant Web /IWCO Direct properties are located on both sides of Park Road,
Phone 952 2271140 west of Powers Boulevard. The IWCO Direct safety lead contacted staff
Fax 952 2271110 expressing interest in installing an LED - enhanced, push -button activated
Park &Recreation pedestrian crossing system at the existing crosswalk between the two buildings on
Phone 952 2271120 Park Road. IWCO is utilizing the north building more often and workers have to
Fax 952 2271110 cross Park Road.
Recreation Center +,�
r igh tiaY3 The proposed enhanced • 2310 Coulter Boulevard t pedestrian crosswalk
Phone 952 2271400 f - - .... " , 4 -:. .4 i • i s system is the same as
Fax 952 2271404 ;' •'t
' ,i -. ) Instant Web? ; > currently being used on
` . ' IWCO,Direct
Planning & • ; k� ;�• Powers Boulevard at • Natural Resources .
S ' Park Road. The system
Phone 952 2271130 a .tents or en E ' • en ruo t • o would be paid for and
Fax 952 2271110 i cto_ • zone • N ti
• y '•:. j . ' installed by IWCO
• g . o ' t D Also future
Public Works ` • maintenance would be
7901 Park Place 7 ► r Instant Web / Q .'s,, .
Phone 952 2271300 Iwco Direct + 5 the responsibility of
Fax 952 2271310 , IWCO Direct.
Senior Center = �r# Currently vehicles are
Phone 952 2271125 allowed to park on Park
Fax 952 2271110 Road by the crosswalk. These vehicles can obstruct site lines and make
Web Site pedestrians in the crosswalk hard to see. Staff proposes to restrict parking on
www ci chanhassen.mn.us Park Road between Park Drive and Powers Boulevard to make this a safer
pedestrian crossing area. IWCO Direct supports the no parking restriction.
g" \eng \public \pw056 no parking zones \park road 102212.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: October 22, 2012 RESOLUTION NO: 2012 -
MOTION BY: SECONDED BY:
A RESOLUTION ESTABLISHING A NO PARKING ZONE ON PARK ROAD
BETWEEN PARK DRIVE AND POWERS BOULEVARD
WHEREAS, parking is currently allowed on Park Road; and
WHEREAS, the owners of Instant Web /IWCO propose to install enhanced pedestrian
crossing signage at the existing crosswalk location on Park Road; and
WHEREAS, the geometries of Park Road at this location could compromise drivers'
sight lines at the crosswalk location.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that a
resolution approves establishing a no parking zone for Park Road between Park Drive and
Powers Boulevard.
Passed and adopted by the Chanhassen City Council this 22 day of October, 2012.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
g: \eng \public \pw056 no parking zones \park road 102212 resol.docx
AGREEMENT
THIS AGREEMENT made this day of , 2012, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and INSTANT
WEB, INC., a Minnesota corporation, d/b /a IWCO DIRECT ( "Contractor "). City and
Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
1. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall remove the
two static pedestrian crossing signs at the locations indicated on the attached Exhibit "A" and
replace the signs with two BlinkerSign crosswalk LED warning system signs, satisfactory to the
City, at the locations of the signs that have been removed ( "New Signs "). Contractor shall
deliver the signs that have been removed to the City. After the New Signs have been installed,
they shall become the property of the City.
2. SIGN MAINTENANCE. Contractor shall be responsible for the maintenance,
repair and replacement of the New Signs.
3. PAYMENT. The Contractor has requested that the New Signs be installed and
maintained. The Contractor will not be paid for the New Signs or for their maintenance, repair
and replacement. The consideration for this Agreement is the City allowing the Contractor to
install and maintain the New Signs. Pursuant to Minn. Stat. § 471.25, Subd. 4.a., the Contractor
must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the
City for undisputed services provided by the subcontractor. The Contractor must pay interest of
1' /2 percent per month or any part of a month to the subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the
Contractor shall pay the actual penalty due to the subcontractor.
4. COMPLETION DATE. The New Signs must be installed and operational and
the old signs removed by , 2012.
5. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract statutory Worker's Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
6. WARRANTY. The Contractor shall be held responsible for any and all defects
in workmanship, materials, and equipment which may develop in any part of the contracted
service, and upon proper notification by the City shall immediately replace, without cost to the
City, any such faulty part or parts and damage done by reason of the same in accordance with the
bid specifications.
7. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the installation, maintenance, repair and
replacement of the New Signs. In addition, the Contractor shall reimburse the City for the cost
of reasonable attorney's fees it may incur as a result of any such claims.
Doc. #166234v.1 1
RNK: 9/4/2012
8. TERM. The Contractor's obligations under this Agreement shall continue
indefinitely, but the City may terminate this Agreement upon thirty (30) days written notice to
the Contractor.
9. MISCELLANEOUS.
A. City and Contractor each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect to all covenants, agreements,
and obligations contained in the contract documents.
B. Any provision or part of the contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon City
and Contractor, who agree that the contract documents shall be reformed
to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
C. Data Practices /Records.
(1) All data created, collected, received, maintained or disseminated
for any purpose in the course of this Agreement is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to
implement the Act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Agreement are subject to examination by the City.
D. Software License. If the equipment provided by the Contractor pursuant
to this Agreement contains software, including that which the
manufacturer may have embedded into the hardware as an integral part of
the equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one
(1) year following cutover. The Contractor shall have no obligation to pay
for such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
E. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Agreement without the prior written consent of the other
party, and then only upon such terms and conditions as both parties may
agree to and set forth in writing.
Doc. #166234v.1 2
RNK: 9/4/2012
F. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Agreement by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this
Agreement by either party, whether of the same or any other covenant,
condition or obligation.
G. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Agreement. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Carver
County.
H. Severability. If any provision, term or condition of this Agreement is
found to be or becomes unenforceable or invalid, it shall not affect the
remaining provisions, terms and conditions of this Agreement, unless such
invalid or unenforceable provision, term or condition renders this
Agreement impossible to perform. Such remaining terms and conditions
of the Agreement shall continue in full force and effect and shall continue
to operate as the parties' entire contract.
I. Entire Agreement. This Agreement represents the entire agreement of
the parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
J. Permits and Licenses; Rights -of -Way and Easements. The Contractor
shall give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights -of-
way and easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City's not
timely obtaining rights -of -way or easements.
K. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the City, the Contractor shall be allowed a time
extension to complete the work, but shall not be entitled to any other
compensation.
CITY: CONTRACTOR:
CITY OF CHANHASSEN INSTANT WEB, INC.
D/B /A IWCO DIRECT
BY: BY:
Todd Gerhardt, City Manager Its:
Doc. #166234v.1 3
RNK: 9/4/2012
Address for giving notices to City: Address for giving notices to Contractor:
City of Chanhassen Instant Web, Inc.
7700 Market Boulevard d /b /a IWCO Direct
P.O. Box 147 7951 Powers Boulevard
Chanhassen, MN 55317 Chanhassen, MN 55317
Doc. #166234v.1 4
RNK: 9/4/2012
.........--0 INEXPlir , r"' — , — " T- " AM
41'
Sf'
•
- .
-
tie
* A ,‘,.....44. .--,' A S
'4 NX 1g '1
-..,.,- .„,.
N \),0 /\--
$ /
f % '=) • _1, „ , - ..f- , - i
, s70 0
(i) strii,..,
' A -k '
' NI* - , '
G. \ I— *'
—..,
= \
. , a•
....,
, - 1■1.0
0 = • ,
4 , '
4.
4 i
0 7
.. 11 . i ,', .1. -, . ' • ' . ,
. ' I
I'
..... -A, "
;_.. .41 ,.. •
V , ' ....' i . • k
I k, it, • , ,.,
•
e•f•
•
1 ' ' i : 1'. ;... - . " >
ri
-0 4
,..
;-
_.........„._ ‘,„,„
-,, ,ft, ..,
0 I i ,
ir 1 .-' , . 1
, 1■., 4 , ' ..,- 1 , ,..,„
4 :"
■-• X
4 e
„
,.., t .. '■•• t , ,' Tr" • .....y,-
" - 0 `- ‘ - f-- -- „ , i
4 ,. t, '".N. , • .1 • J •
i 4 ' 4 ---" 71111 4 / p 'xi* 4."'‘..” . • ' It ii 4 $
t I `- • ??...
Id 1
. ) ,
4 ,
A , • ,
_ .- r ‘r, 4 _ - — —
1., •■• . :
I . AR
-, I
''' ' ,•,1,,' W ,
/ %.w,, ,
, ',..• tv
__„...,
0 . la 2
. ,
1
4
71 ID
.... * • S 7C 1 4
•• ,
s',
' .". 4 • ...-.40 , k i
0-4- ••••••-.. -' -• --• , ,""- ' - ' *
irre li iiiiil ;TM fill .
I i •
- -
---.•
, .
t .... '
.
. , ‘
I •
' # ' I • '
,e0 '''.."'"– ... pJeAainoig S.,1 °mod ---•., .,,,_ ,,, ,•;ir ,
,.,
'4°444'**** **,.... ga./ Ipl
rn
. ,
' • marlins ahialkirommilkw
iiid '.-,-, ..,,,„ 4 4 1,,, ° „, •°.,i":„.,
N t '
. t
,
,.. 1
14.4 le .
. . , t $ . .
A'
1 ,
* -
' .1 ...
., •F-Tf__ ' / i4... ' , ,
i , . 4 . • . , i- , pi
- .4 -