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HomeMy WebLinkAbout6.j. Mn/DOT Traffic Control Signal AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM: Mn/DOT Traffic Control Signal Agreement TH 3 & 160` Street AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGEND11fa x. ATTACHMENTS: Resolution, Mn/DOT Agreement APPROVED BY: Please find attached a copy of the Minnesota Department of Transportation Traffic Control Signal Agreement No. 84289R between Mn/DOT, Dakota County, Empire Township and the City of Rosemount. As previously noted, Mn/DOT and Dakota County have coordinated the design of a signal system for this intersection in response to the higher than projected traffic volumes and number of accidents. As the two roadways are under the jurisdiction of Mn/DOT and Dakota County, all construction costs associated with the signal system will be paid by Mn/DOT and Dakota County. The City of Rosemount's participation in this Agreement is limited to a cost -share of the energy costs associated with the operation of the signal system and streetlights. In accordance with Dakota County's cost - participation policy, the City of Rosemount will be invoiced by Dakota County for 25 percent of the signal system energy cost, approximately $115 /quarter. For the streetlights, Xcel Energy will invoice the City with the average quarterly cost being $240 /quarter. The proposed cost sharing outlined in this Agreement is similar to the cost sharing included as part of current signal agreements for the existing signal systems in the City. Bids are scheduled to be received by Mn/DOT on Thursday, January 24, 2003. All construction related activities would be administered by Mn/DOT and Dakota County. The City Attorney has reviewed this Agreement. Staff recommends approval of this item. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ENTERING INTO AGREEMENT NO. 84289R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC CONTROL SIGNAL AND AUTHORIZE THE NECESSARY SIGNATURES ON SUCH AGREEMENT. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003 - A RESOLUTION ENTERING INTO AGREEMENT NO. 84289R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC CONTROL SIGNAL BE IT RESOLVED, that the City of Rosemount 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 streetlights, emergency vehicle pre - emption, advanced warning flashers and signing on Trunk Highway No. 3 at County State Aid Highway No. 46 (160t Street West) in accordance with the terms and conditions set forth and contained in Agreement NO. 84289R, a copy of which was before the Council. BE IT FURTHER RESOLVED, that the proper City officials 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. ADOPTED this 21" day of January, 2003. ATTEST: Linda Jentink, City Clerk William H. Droste, Mayor CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 21 st day of January, 2003, as disclosed by the records of said City in my possession. (SEAL) Motion by: Voted in favor: Linda J. Jentink, Rosemount City Clerk Second by: Voted against: JAN,10.2003. 1:50PM DAKOTA CO TRANS DEPT 9528917127 N0,4607 P. 2 MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 84289R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF DAKOTA E AND THE CITY OF ROSEMOUNT AND THE TOWNSHIP OF EMPIRE TO Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre- emption, Advanced Warning Flashers and Signing on Trunk Highway No. 3 at County State Aid Highway No. 46 (160 Street West) in Rosemount and Empire Township, Dakota County, Minnesota. S.P. 1921 -75 S.A.P. 19- , 646 -03 C.P. 46 -16 Prepared by Pre - Letting Services 1 ESTIMATED AMOUNT RECEIVABLE County of Dakota $129,060.00 AMOUNT ENCUMBERED None Otherwise Covered JAN.1O.2003. 1:50PM DAKOTA CO TRANS DEPT 9528917127 NO. 4607 P. 3 r PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the County of Dakota, (County), and the City of Rosemount, (City), and the Township of Empire, (Township). 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. 1 The State has determined that there is justification and it is in the public's best interest to and.install a new traffic control signal including street lights, advanced warning flashers and signing, (Traffic Control Signal) at the locations) set out in this Agreement. The City and the Township 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 i installation. , It is considered in the public's best interest for the State to provide a new cabinet and control equipment to operate the new Traffic Control Signal. 84289R -1- JAN,10,2003. 1:50PM DAKOTA CO TRANS DEPT 9528917127 NO,4607 P. 4 The County, City, Township and the State will participate in the cost, 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 Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3. The State, with its own resources or by contract, will install a new Traffic Control Signal and EVP System on Trunk Highway No. 3 at County State Aid Highway No. 46 (160 Street West) pursuant'to State Project No, 1921 -75, State Aid Project No. 19- 646 -03 and County Project No. 46 -16. Estimated Construction Cost is $239,000.00 which includes a lump sum amount of $19,000.00 for State furnished Materials. State's share is 50 percent. County's share is 50 percent, 84269R -2- JAN,10,2003. 1:50PM DAKOTA CO TRANS DEPT 9528917127 NO, 4607 P. 5 i 4. Upon execution of this agreement, award of the Construction Contract and receipt of State's written request, the County will make an advance payment to the State of its project costs. The County's project costs will be the sum of the following: a. The County's share (as specified in Paragraph 3) based on the actual bid prices and the lump sum State furnished Material costs. b. Eight percent of its share [Item (a) above] for the cost of Construction Engineering. 5. Upon completion and final State acceptance of the project, the County's final project costs will be the sum of the following: a. The County's share (as specified in Paragraph 3), based on the actual. Construction Cost and the lump sum State furnished Material costs. b. Eight percent of its final share [Item (a) above] for the cost of Construction Engineering. If the amount of the funds advanced by the County exceeds the County's final project costs, the excess will be Promptly returned to the County without interest. If the amount 84289R -3- JAN,10.2O03. 1:5OPM DAKOTA CO TRANS DEPT 9528917127 N0, 4607 P. 6 s of funds advanced by the County is less than the County's final project costs, the County will promptly pay the balance to the State without interest. 6. The County, City and Township will jointly be responsible for providing the necessary electrical power for the operation of the new Traffic Control Signal and EVP System at the shared costs of 50 percent County and 25 percent City and 25 percent Township. The County will receive the bill for the electrical power of the Traffic Control Signal and EVP System, and invoice the City for 25 percent of the costs and the Township for 25 percent of the costs. The City will provide the necessary electrical power for the operation of the street lights. 7. Upon completion of this project, the responsibility for the new Traffic - Control Signal is as follows: a) The County will, at its cost and expense: (1) relamp the traffic control signal and advanced warning flashers; and (2) clean and paint the traffic control signal, advanced warning flashers and cabinet; b) The City will, at its cost and expense: .(1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the street lights; and (3) clean and paint the luminaire mast arm extensions; and c) The State will, at its cost and expense, 84289R -4- 0 JAN.10.2003. 1:51PM DAKOTA CO TRANS DEPT 9528917127 NO. 4607 P. 7 maintain the signing and perform all other traffic control signal, advanced warning flasher and street light maintenance. 8. 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 must be - done by State forces. 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.and 'township will provide the State's Assistant Division Engineer or his /her designated representative a list,of all vehicles with emitter units. C) Malfunction of the EVp System must be reported to the State immediately. d) Tn 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 84289R -5- 0 JAN. 10. 2003. 1:51PM DAKOTA CO TRANS DEPT 9528917127 NO. 4507 P. 8 or Township receives written notice from the ' State, the State may remove the EVP System. M Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. e) All timing of the EVP System will be determined by the State. All timing of the new Traffic Control Signal will be determined by the State, and no changes may be made except 4 with the approval of the State. 10. 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. Each party will be solely responsible for its own employees for any workers Compensation Claims. 11. 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. 12. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 84289R -6- JAN,10,2003. 1:51PM DAKOTA CO TRANS DEPT 9528917127 N0, 4607 P. 9 13. This Agreement contains all negotiations and agreements between the parties relative to this project. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 14. 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. 15, 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, 16. 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. 84289R -7- JAN; 10, 2003 1:51PM DAKOTA CO TRANS DEPT 9528917127 COUNTY OF DAKOTA tAPPVED A RM: .�., County Attorney, RECOMMENDED FOR APPROVAL: couAty Ii Away Engineer NO 4607 P. 10 E r — , Y� t Date: ( jn!� ITT' �i• �� �saol tlZ -7 Cf7 , CITY OF ROSEMOUNT APPROVED AS TO FORM: City Attorney $y= Mayor Date: By: City Administrator Date: 842 89R -8- JAN,10.2003 1:51PM DAKOTA CO TRANS DEPT 9528917127 NO,4607 P. 11 BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA December 17, 2002 s Resolution No, 02 -707 Motion by Commissioner Turner Second by Commissioner Bataglia Authorization to Execute Agreement 84289R with Minnesota Department of Transportation, Empire Township, and City of Rosemount for Installation and Maintenance of Traffic Signal for County Project 46- 16, State Aid Project 1921.75 WHEREAS, County Project (CP) 46 -16 is the installation of a traffic control signal system at the intersection of Trunk Highway (TH) 3 and County State Aid Highway (CSAH) 46; and WHEREAS, Agreement 84289R with the Minnesota Department of Transportation (Mn /DOT), the City of Rosemount, and Empire Township is needed to complete signal construction for CP 46 -16 and assign power ;cost and maintenance responsibility for this new signal; and WHEREAS, the approved 2002 -2006 Transportation Capital Improvement Program (CIP) includes $720,000 for Unspecified Signal Projects in 2002; and WHEREAS, a budget amendment is necessary to transfer funds in the amount of $125,000 from Unspecified Signal Projects to CP 46 -16 for Dakota County's share of CP 46 -16. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Administrator to execute Agreement 84289R with Mn /DOT, Empire Township, and the City of Rosemount for CP 46 -16, subject to approval by the County Attorney's Office as to form; and BE IT FURTHER RESOLVED, That the 2002 Transportation Capital Improvement Program is hereby amended as follows; Expense CP 46 -16 $125,000 Unspecified Signal Projects (125,000) STATE OF MINNESOTA County of Dakota YES Harris —4— Harris Maher x Maher Bataglia _ X Bataglia Schauweiler X— Schouweller Turner � x Turner Krause _—X Krause Branning X Branning I, Mary S. Schelde, Clerk to the Board of the County of Dakota, State of Minnesota, do hereby certify that I have compared the foregoing NO copy of a resolutlon with the original minutes of the proceedings of the Board of County Commissioners, Dakota County, Minnesota, at their session held on the Ir day of December 2002, now on file In the County Administration Department, and have found the same to be a true and correct copy thereof Witness my hand and official seal of Dakota County this 23ro day of December 2002, Clerk to the Board JAN. 10. 2003. 1:52PM DAKOTA CO TRANS DEPT 9528917127 N0. 4607 P. 12 TOWNSHIP OF EMPIRE RECOMMENDED FOR APPROVAL: Township Board Member By: Chairperson of Township Board ' Date: By: Township Clerk Date: DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Division Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division DEPARTMENT OF TRANSPORTATION By: State Design Engineer Date ATTORNEY GENERAL As to form and execution: 8y: B Date: Date: 84289R JAN.10.2003- 1:52PM DAKOTA CO TRANS DEPT 9528917127 RESOLUTION NO. 4607 P. 13 BE IT RESOLVED that the County of Dakota 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, emergency vehicle pre-emption, advanced warning flashers and signing on Trunk Highway No. 3 at County State Aid Highway No. 46 ( 160tlz Street West) in accordance with the terms and conditions set forth and contained in Agreement No. 84289R, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper County officers he and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the County all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Dakota City of Rosemount Township of Empire I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Board of the County of Dakota at a duly authorized meeting thereof held on the day of , 2002, as shown by the minutes of said meeting in my possession. Clerk to the Board (Seal) •, JAN,10,2003. 1:52PM DAKOTA CO TRANS DEPT 9528917127 RESOLUTION NO, 4607 P. 15 f ; ; BE IT RESOLVED that the Township of Empire 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, emergency vehicle pre - emption, advanced warning flashers and signing on Trunk Highway No. 3 at County State Aid Highway No. 46 (160 Street West) in accordance with the terms and conditions set forth and contained in Agreement No. 84289R, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper Township officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the Township all of the contractual obligations contained therein, CERTIFICATION State of Minnesota County of Dakota City of Rosemount Township of Empire I hereby certify that.the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Board of the Township of Empire at a duly authorized meeting thereof held on the day of 2002, as shown by the minutes of said meeting in my possession. Township Clerk (Seal)