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1k Signal Agrmnt TH 101/Pioneer CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site VNNI. ci .chan hassen .mn. us ~J~ ~~.... .c· ~"<. MEMORANDUM TO: Todd Gerhardt, City Manager Paul Oehme, Dir. of Public Works/City Engineer \?~ C;¿ f){~' FROM: DATE: April 11, 2005 SUBJ: Approve Signal Agreement for the TH 101 and Pioneer Trail Intersection - PW053G REQUESTED ACTION Approve signal agreement with MnDOT for the TH 101 and Pioneer Trail Intersection. BACKGROUND On March 28, 2005, Council approve a limited use permit for trail purposes at the intersection of TH 10 1 and Pioneer Trail. This intersection is scheduled to be widened and have designated turn lanes installed and a signal installed. The project is anticipated to start construction this summer. Carver County signal practice has been that the cities are responsible for all maintenance and electric power costs for most signal installations. Staff has been working with Carver County to come up with a policy that distributes the cost of future maintenance and power so the cities are not burdened with all the future costs. The signal agreement for the TH 101 and Pioneer Trail is written to reflect the old County practice. However, the County has agreed to modify their signal policy so the City of Chanhassen would participate in only the monthly electric power cost. Staff is recommending approving the signal agreement at this time so the award of the intersection project is not delayed. The County will be sending a notification to the cities when the policy has been adopted by the County. The electric power cost is anticipated to be approximately the same cost for all the other maintenance anticipated over the life of a signal. Since the County does not have any equipment or staff to do the minor maintenance at this time, the City would be responsible for the maintenance of the signal, but will bill the County for the work. Attached is draft signal policy for the change in maintenance. Staff recommends approving the signal agreement at this time. Attachments: 1. Signal Agreement 2. Resolution 3. Carver County - Traffic Signal Policies c: Allan Espinoza - MnDOT The City of Chanhassen · A growing communitv with clean lakes, gualit~ schools, a charmino downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. G:\ENG\PÚBLIC\PW053G THlOl & Pioneer Tr1\bkgd 040IÖ5 signal agreement. doc MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87575M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF CHANHASSEN TO Provide Maintenance and Electrical Energy for the new Traffic Control Signal with Street Lights, Emergency Vehicle Pre- emption, and Signing on Trunk Highway 101 at CSAH 14 (Pioneer Trail) in Chanhassen, Carver County, Minnesota. S.P. 1009-14 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the City of Chanhassen, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties have determined that there is justification and it is in the public's best interest to install a ne~ traffic control signal including street lights and signing (Traffic Control Signal), on Trunk Highway 101 at CSAH 14 (Pioneer Trail) . The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System) as a part of the new Traffic Control Signal installation. It is considered in the public's best interest for the State to provide a new cabinet and control equipment (State Furnished Materials) to operate the new Traffic Control Signal. 87575M 1 The City and the State will participate in the maintenance and operation of the new Traffic Control Signal and EVP System. CONTRACT 1. The State will prepare the necessary plan, specifications and proposal, (Preliminary Engineering) The State will also perform all necessary construction inspection, (Construction Engineering) . 2. The State, with its own resources or by contract, will install a new Traffic Control Signal and EVP System on Trunk Highway 101 at CSAH 14 (Pioneer Trail) pursuant to the plans and specifications for State Project No. 1009-14. The cost participation for the new Traffic Control Signal and EVP System pay items (including State Furnished Materials) for this project will be covered in Municipal Agreement No. 87582R, between Carver County and the State. 3. The responsibility for the new Traffic Control Signal is as follows: a) The City will, at its cost and expense: (1) relamp the new traffic control signal¡ (2) clean and paint the new traffic control signal, cabinet, and luminaire mast arm extensions¡ (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary¡ and (4) relamp the street lights; and b) The State willi at its 87575M 2 cost and expense, maintain the signing, and perform all other traffic control signal and street light maintenance. 4. The City will be responsible for the cost and application to secure an adequate power supply to the service pad or pole. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new Traffic Control Signal and EVP System. 5. The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP System, will be performed by the State. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Metropolitan District Engineer or his designated representative a list of all vehicles with emitter units. 87575M 3 c) Malfunction of the EVP System must be reported to the State immediately. d) 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 b above are violated, and such misuse or violation continues after the City 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 e) become the property of the State. All timing of the EVP System wil~ be ~etermined by the State. 6. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. The City's liability is governed by Minnesota Statutes Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 87575M 4 7. 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. 8. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 9. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Minnesota law governs this contract. 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. 11 This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 12. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. 87575M 5 CITY OF CHANHASSEN By: Mayor Date: By: . Title: Date: 87575M 6 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: By: State Design Engineer Metropolitan District Engineer Date: COMMISSIONER OF ADMINISTRATION As to form and execution: As delegated to Materials Management Division By: Contract Management By: Date: Date: ~ 'I 87575M 7 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 11. 2005 RESOLUTION NO: 2005- MOTION BY: SECONDED BY: A RESOLUTION APPROVING SIGNAL AGREEMENT NO. 87575M FOR THE TH 101 & PIONEER TRAIL INTERSECTION PW053G BE IT RESOLVED that the City of Chanhassen enter into an agreement with the State of Minnesota, Department of Transp0l1ation for the following purposes, to wit: To provide maintenance and electrical energy for the new traffic control signal with street lights, emergency vehicle pre-emption, and signing on Trunk Highway 101 at CSAH 14 (Pioneer Trail) in accordance with the terms and conditions set forth and contained in Agreement No. 87575M, 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 any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Passed and adopted by the Chanhassen City Council this 11th day of April, 2005. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT CERTIFICATION State of Minnesota City of Chanhassen I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the Council of the City of Chanhassen at a duly authorized meeting held on the _ day of ,2005, as shown by the minutes of the meeting in my possession. Subsclibed and sworn to before me this day of , 2005. Notary Public My Commission Expires Latest Update - 3/03/05 Traffic Signal Policies Carver County- VI. TRAFFIC SIGNAL SYSTEM The County's participation in traffic signal system projects will be as follows: A. PERMANENT TRAFFIC SIGNAL SYSTEM INSTAllATIONS- Intersection of County Highway with City Street and/or Township Road (City or Township Location), 1, County cost participation in the installation of a traffic signal to be proportional to the number of legs that are County highways (Le. 2 of 4 entering legs are County highways, participation equals 50%). 2. County cost participation in the furnishing of electrical power to a traffic signal to be 0%. Electrical power to be furnished by the City or Township. 3, County cost participation in the maintenance of a traffic signal to be 100%, unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency. 4. County cost participation in any subsequent revisions, modifications, or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy, even to the extent of complete reconstruction, to be borne in the same manner as the initial installation. Intersection of County Highway with State Highway (City or Township Location) 1, County cost participation in the installation of a traffic signal to be proportional to the number of legs that are County highways and in accordance with Minnesota Department of Transportation policies. 2. County cost participation in the furnishing of electrical power to a traffic signal to be 0%. Electrical power to be furnished by the Minnesota Department of Transportation, the City and/or the Township. 3. County cost participation in the maintenance of a traffic signal to be 0%, Maintenance to be furnished by the Minnesota Department of Transportation. 4, County cost participation in any subsequent revisions, modifications, or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy, even to the extent of complete reconstruction, to be borne in the same manner as the initial installation. B. TEMPORARY TRAFFIC SIGNAL INSTAllATION- Intersection of County Highway with City Street and/or Township Road (City or Township location) 1. County cost participation in the installation of a temporary traffic signal to be proportional to the number of legs that are County highways (Le, 2 or 4 entering legs are County highways, participation equals 50%) if, by cooperative agreement, it is the plan of the County, the City and/or the Township to install a permanent traffic signal at the same location in the future, Full credit for the City's and/or Township/s investment in the installation of a temporary traffic signal will be applied toward the City's and/or Township's participation in a permanent traffic signal at the same location if it is installed within the time limits set forth in the cooperative agreement. This credit may be extended should circumstances beyond the control of the City and/or Township delay the installation of the permanent signal beyond the time limits set forth in the cooperative agreement. 2. County cost participation in the furnishing of electrical power to a temporary traffic signal to be 0%, Electrical power to be furnished by the City or Township. 3. County cost participation in the maintenance of a temporary traffic signal to be 100%, unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency. Intersection of County Highway with State Highway (City or Township Location) 1. County cost participation in the installation of a temporary traffic signal to be proportional to the number of legs that are County highways if, by cooperative agreement, it is the plan of the Minnesota Department of Transportation to install a permanent traffic signal at the same location in the future. Said cooperative agreement is to include a provision whereby full credit for the County's investment in the installation of a temporary traffic signal will be applied toward the County's participation in a permanent traffic signal at the same location. 2, County cost participation in the furnishing of electrical power to a temporary traffic signal to be 0%. Electrical power to be furnished by the Minnesota Department of Transportation, the City and/or the Township. 3, County cost participation in the maintenance of a traffic signal to be 0%, Maintenance to be furnished by the Minnesota Department of Transportation,