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1c Traffic Control Agreement ,'.,. -'-:.1"_.'_" -"'; ~".:;:,' .~' . .' .tr~ff;~}oriti~l:sig1Íat~~1 ~¡;¡ntJi&¡ction of T.Ìí, 41 and 82~d Stre~~ ";'" --'''' ';' ",-' ,:",'- ': ',j ,',"",' ~:-,"'-:,-'"\-_' -"--_'" :-.-....;, -oJ ~ -> ',:" ,',.-, :-' ,'-,': "':- ,-','", ' ,,- .' i¡),1"995. by thè, Çity ofCha$lq~,,;rn'~Mitio~~ ~h.e traffic'Sh¡dy . ..' . ;";;" '\~i~otc:tUip;rfiísirie~s f~~ d§yètöþþ1enþèŸealed \Vàrrárits will be. " fdf:"ahb'n ora traffiè signal áttñêintèrsèÍ:tioJis:ì>fT:H. 41ánd 82n4 St. .. (f.R: 5 årid cènfÚry Boulevard. Bàcklii ApriÌ of 1999; the Ciiíes of . ']~séri:âÌÎd Chaska entétbd intò á ¿õ6þe¡.åtiv~ agreèÍì1ent for the instaIÚ¡tion' . : ~ " ...: >, <ùntenancè of à temporary trafik cì:mtrÓl signàl. At that time; the City of . .' .' ·tfiahhiÌs~tin's share ófthe èonstruction for the temporarý traffic control signal' . ;.,wa¿êsti;nat~d to be $50,000.00 asï"dentified in the feasibìl1tý study for Arboretum , ~" ",' '^. .Y··.s Park·publicImprovements. Due to competitive bjdding and materials .; ·';!i'.'Y'>;.!:ij.' MhØOT,·Ch3rihassèn'S'shatf;jofth~.traffiè rontrol signal upon' fuiìàf€id at'$25 OO(ÙlO.wíûÒh' r¡:¡41lídeseiÍ' fiCtiriri . fees The···· . ..' ,:lliê:tt~ffiç sighÍ!ìséQšt$~lÞb~~~i~Jl~àss~ssed ag~stfue . . . .' iêsin:Àr.~c.>retú1Ì1 BúsÍì1ess ParHn aèëorda¡}cè \jIithth¿ feasibility repOrt . .f.;;rb6retuln.Biisiness Pårk. . i,", ..<: :.:-',"" ,.,'. ",,' c ", - < ".'. '. ":~tA:~/.., ." ,<C >,'V", ,IC" , " , ; ,,"'; . a.t~~¡¡j:réement o.utl~es th~ I1ll;1t1ì!ÛUJ'1~er~tandirig between MnDOT, .the.. . .', ',,;~'~~'!;' k ,pÞàf11àsSeµlIIj~ t~ëClty~fC~~~~,~go/d¡ng the~e~od?logyby which "' ,··'tlJ:elI\stallatlOn, operatlbnaJ:\d I1amten,ance of, the traffic Slgnã1 W111 occur.. :,',,_--;""',','_":~'·i;"'. -" ,,-, c-.,,'-,::,-', ':--,',-; ;~' ~-, '_" ; .-.':';"-.," "_'_":-';',.-'.',' ,'_' ,:',':,:,., _,' ',"._. .', _, ,..;Açcprding tQ thè agreèment; MnDOT shall bereµnb\lI'sed by the ClÌleS of . .' ., . 'Ciï.ari.hässen ánd Chaska for materials fiÌnìishêd for the tempQrary traffic contrQi , " signaI. The estimated cost fQr State funii.shed fuaferials is $22,000.00. The City's ", shàr~;.based on the agreement, is 50% ($ll,OÒÖ); thiS cost is included in the' '. ;': ~'·a¡:¡ÖVe$25,000.00 estimate> Again, the èitÝ's êosfbfthetràffic signal will be' ' . ; " ···.:~,$þ~ially assessed against thè pr~perlíes: i~Arbo~ètum Business Park. The citY of . " Ghàská has already executed this agreement. . .,' i...;," . . .', . .,\, .' ,.,.' :",. .< ..' '.. . .' , . , .: S!àffîs recommending approval of the attachèdàgtèement and that resolutions be 'pi~ìu:edÍì1 accordance with MhDoT's fuStiuCtiÓri sheet. . . . , . ¡;;~i;:'j~;,v"¡,:; i~ .,: ,',: (~'<. 0RA'NJ1WM..,· ..... ".' " ;¡;~,:.:t;;~:>~;',c;,:::}"., . .," ," ",:, S~~tt Bòtòhei, CitY Mahager ·:~~f"·,,.:~;:,~ ~;¡~~~e~~~~~Assîst~~ CiiYEngineer, ~.. ';. 4pp1'5; 200.0·. ., " . '~~~})¿lb,··::_~.,'· -__~i, '_ ' ; <: "::': :,:,:'~-,' _ . _, _,,': >',__ - ",' :_~/'_ >':__ ;,;,':;\ ,~_, -\, _', _':' ''', _ _, ," " ' " :;':;i:~Þ.¡)i.Pve Trame Contr0JSignªl ;l\greemeJ:lt.l',To. 79738Rbetweeµ ; ; >' t,. MrtDOT, the City of Chán1îasséIíand th.e Citýof Chàska -T.H.41 . ".,.'and 82nd Street "':'Projeet No. 97)B-3" , ~1fiJ~iig~~~ .~ ..' '. , . ' , "';.' , .-. j,..", , ' ".,;',/:-'õ' _' _~'_;:~.:': '. _,-, :"Ô' '::--¡-""~~;':',l-.';D~;:f ~è;' - ,'- ...;¡ ~ '." . ""','---- , '. , ~ f.': -:;.:' : ,- .'~', ,.~ ,!,,,'-';" , ,\ ,': ·>'~:;<;;';,::-.f: \:,~' ; - ''', i'.-·· " :.Atta¿lnllent: Agreement No. 79738R \'.ifsl\vÒi2\eng\public\97-lb-3\approve traffic control signall.doc '- . ,. , - , -.. . City of Cbanhasstn. A 'µ";n¡ toIÌimunity with cklttt lakts, quality schools. a èharminr _town. ìhrivinr busintsStJ. aM beautiM Pam, A ,"at P!4" Ío'livt, work, and Pta. " na.me.' " . . \'. ' "':Y'f:,* ':~0~~'~;:~~!~~~~ib~exPi~ .' . - ' . , " , '.. . . -', . , -.". .. Contact: Mikè Gèrb~ky. @ 612.797,3140, e-ri1àiI: michaeI:gerbensky,@dôlstat~~IIÛ1.us··· . . ..... .... .... ',": " . .. ....?:,:. '.' '.·.MWnðsoiaQepaiÌDient'ÒfT~~tï:· file name: agnttt-mstruètions;doc. .'.- . . , ", "\<' , ì ì i I I ¡ I ¡ , i , I I I I I I ! ! i ; I I ¡ , ì I J , I ¡ I I I i I i I I ¡ i I ì t ì I I I I ¡ clð·\ }, : ': .. ,- "~ -- -- Cha5ka March 23, 2000 Ms. Anita Benson City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Dear Anita: Chaska has executed the enclosed signal agreements and I am forwarding them for Chanhassen's executio Sincerely, William Monk City Engineer WM:jms Enclosures CITY OF CHANHASSEN 1R11E©1E1JW1E@ , MAR 2 7 2000 ' ENGINEERING DEPT. ':ity Of Chaska Minnesota One City Hall Plaza 55318-1962 Phone 612/448-2851 ì Fax 612/448-9300 18 (5.111 "..!Y Minnesota Department of Transportation Metropolitan Division Golden Valley Office 2055 North Lilac Drive Golden Valley, MN 55422 Telephone No. 612.797.3140 Facsimile No. 612.797.3152 E-mail: michae1.gerbensky@dot.state.mn.us March 9, 2000 Mr. Bill Monk City ofChaska Engfueer 1 City Hall Plaza Chaska, Minnesota 55318-1962 Subject: C.P.97-lB-3 Traffic Control Signal Agreement No. 79738R Dear Mr. Monk: Enclosed please find 4 original copies of Traffic Control Signal Agreements and recommended council resolutions for your review. Once the agreements have been approved, please present them to the proper officials for execution. Each original agreement must be accompanied by an original council resolution. Each original agreement and resolution must be executed in accordance with the attached instruction sheet. Please expedite the process. Upon completion please forward the agreements to Anita Benson, City of Chanhassen. Chánhassen should then obtain approvals as indicated above and return the signed agreements to me. When the agreements and resolutions have been fully executed by Mn\DOT, origmal copies will be returned to the cities ofChaska and Chanhassen. If you have any questions, please feel free to contact me. Sincerely, Minnesota Department of Transportation 7fdJ ¡? Á1L+ Michael P. Geibensky, P.E. Division Signal Design Engineer Enclosures: Agreement/Resolution Instruction Sheet (4) Original Agreements/Recommended Resolutions (4) cc: Anita Benson, City ofChanhassen (with draft copy of agreement for review) An equal opportunity employer i i ì i i , j I i i 1 I ¡ I I I I i I J ! I I I I i i I I I I I I I ! ¡ I i I i I I I I I i i I I I I I i I ¡ ¡ , I j i , : . " MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 79738R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF CHANHASSEN AND THE CITY OF CHASKA TO Install a new Traffic Control Signal with Street Lights and Emergency Vehicle Pre-emption on Trunk Highway No. 41 at 82M Street West in Chanhassen and Chaska, Carver County, Minnesota. C.P. 97-1B-3 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Chanhassen City of Chaska $11,000.00 $11. 000,00 None Otherwise Covered 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 Chanhassen, hereinafter referred to as "Chanhassen·, and the City of Chaska, hereinafter referred to as ·Chaska", 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, the State has determined that there is justification and it is in the public's best interest to install a new traffic control signal with street lights and emergency vehicle pre-emption on Trunk Highway No. 41 at 82nd Street West; and WHEREAS, Chanhassen and Chaska request 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. 41 at 82nd Street West and in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is considered in the public's best interest for the State to provide four (4) wood poles and a new cabinet 79738R -1- I I i , , I í I I I I i I I J I I I ¡ I ¡ I ¡ I ! and control equipment to operate the new traffic control signal; and WHEREAS, Chanhassen, Chaska and the State will participate in the cost, maintenance and operation of the new traffic control signal with street lights and EVP Systems, as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Chanhassen shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering". Chanhassen shall also perfo~ the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection!'. 2. Chanhassen with its own forces and equipment or by contract shall install a new traffic control signal with street lights and EVP System on Trunk Highway No, 41 at 82M Street West in accordance with the plan and specification$ for City Project No. 97-1B-3, all at the cost and expense of Chanhassen and Chaska. 3. The State will furnish to Chanhassen the State furnished materials to be installed with the Chanhassen work provided in Paragraph 2, Estimated cost for State furnished materials is $22,000.00. Chanhassen's share is 50 percent. Chaska's share is 50 percent. 79738R -2- 4. Upon execution and approval of this agreement and a request in writing by the State, Chanhassen and Chaska shall each advance to the State an amount equal to their portion of the costs as specified in Paragraph 3. Chanhassen's and Chaska's costs shall be based on the estimated costs for State furnished materials. 5. Upon compilation of the actual costs for State furnished materials, the amount of the funds advanced by Chanhassen and Chaska in excess of Chanhassen's and Chaska's share will be returned to Chanhassen and Chaska without interest and Chanhassen and Chaska,agree to pay to the State that amount of their share which is in excess of the amount of the funds advanced by Chanhassen and Chaska. 6. The construction work provided for herein shall be under the direction and supervision of Chanhassen. It is agreed, however, that the State shall have the right to periodically inspect said construction work. 7. Chanhassen and Chaska shall jointly be responsible for the installation of an adequate electrical power supply to the service pad or pole, and for providing the necessary electrical power for the operation of the new traffic control signal with street lights installation at the shared costs of 50 percent Chanhassen and 50 percent Chaska. Chanhassen shall 79738R -3- j ì j I I I I I f ¡ ¡ I I I ¡ i I I I i I I I j . . receive th~ bill for the installation of the electrical power supply and the monthly electrical bill for the new traffic control signal with street lights, and invoice Chaska for 50 percent of the costs. 8. Upon completion of the work contemplated in Paragraph 2 hereof, it shall be Chanhassen's responsibility, at its cost and expense, to:. (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary;: (2) relamp the new traffic control signal and street lights; and (3) clean and paint the new traffic control signal and cabinet. Chanhassen shall invoice Chaska for 50 percent of the costs of the above mentioned maintenance responsibilities assigned to Chanhassen. It shall be the State's responsibility, at its cost and expense, to perform all other traffic control signal and street lighè maintenance. I I I I j I I I I j I I I I I I I j I ¡ ¡ I j j 9. The EVP System 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 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, 79738R -4- · . Subdivision 5 and 169.03. Chanhassen and Chaska 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 Chanhassen or Chaska 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 receivers, infrared detector heads and indicator lamps and all other components shall become the property of Chanhassen. e) All timing of said EVP System shall be determined by the State through its Commissioner of Transportation. 79738R -5- .' 10. Each party will be responsible for its own acts and omissions, the acts and omissions of its 'employee(s), and I , ì I I , , ì I ¡ I I I ¡ i I , ¡ I ì ¡ I I I I , ¡ , I I I I , ì 1 i ì I I ì i I ì I j ì ¡ , i I , , I I I , j I J i , I I their results to the extent authorized by law. The parties will not be responsible for the acts of any others and the result,s thereof. Liability of the State will be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statute Section 3.736 and other applicable law and the liability of Chanhassen and Chaska is governed by Minnesota Statutes Chapter 466 and other applicable law. 11. All timing of the new traffic control signal 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. 79738R -6- APPROVED AS TO FORM: " CITY OF CHANHASSEN City Attorney APPROVED AS TO FORM: CITY OF CHASKA City Attorney 79738R -7- By Mayor (City Seal) By City Manager By Seal) By .' STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION Assistant Division Engineer By Assistant Commissioner ¡ J j ; I I i ¡ I , J I I I I I I I I ; I j I ¡ Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION Assistant Attorney General State of Minnesota By Dated 79738R -8- .' ,. RESOLUTION BE IT RESOLVED that the City of Chanhassen enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install a new traffic control signal with street lights and emergency vehicle pre-emption on Trunk Highway No. 41 at 82nd Street West in accordance with the terms and conditions set forth and contained in Agreement No. 79738R, 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 Chanhassen I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Chanhassen at a duly authorized meeting thereof held on the day of , 2000, as shown by the minutes of said meeting in my possession. City Manager (Seal) i I I , I i ì I I I I , 1 , I ì I I I , I I ; I I I I , I I I I ì I I I j I t I I ! I I I I ¡ ì STATE OF MINNESOTA ) ) COUNTY OF CARVER ) § CITY OF CHASKA ) CLERK'S CERTIFICATE I. Jeanette M. Simoneau. being the duly qualified Deputy City Clerk for the City of Chaska. Minnesota. DO HEREBY CERTIFY. that I have compared the attached copy of: RESOLUTION NO. 00-18 Resolution Approving the TH 41/82"d Street West Signal Agreement with the original on file and of record in the Office of the City Clerk. and that the same is a full. true and correct copy of the original presented to and adopted b~ the Council of the City of Chaska at a duly authorized meeting thereof held on the 20 h day of March. 2000. as shown by the minutes of said meeting in my possession. WITNESS my hand as such Deputy Clerk. and the official seal of the City of Chaska. Minnesota. this 22"d day of March. 2000. I I I , i I i ¡ I I I i ! i I I I I I CITY OF CHASKA CARVER COUNTY, MINNESOTA RESOLUTION DATE MARCH 20. 2000 RESOLUTION NO. 00-18 MOTION BY COUNCILMEMBER WINDSCHTTI SECOND BY COUNCILMEMBER VAN FYI I Resolution Approving the TH 41j82nd Street West Signal Agreement BE IT RESOLVED, that the City of Chaska enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install a new traffic control signal with street lights and emergency vehicle pre-emption on Trunk Highway No. 41 at 82nd Street West in accordance with the terms and conditions set forth and contained in Agreement No. 79738R, a copy of which was before the Council. FURTHER, BE IT RESOLVED, that the City Council of the City of Chaska, Minnesota does hereby authorize the proper City officers to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Passed and adopted by the City Council of the City of Chaska, Minnesota, this 20th day of March, 2000. Attest oneau, Deputy Clerk