HomeMy WebLinkAbout6.j. Approval of Traffic Signal Agreement No. 99-07, Diamond Path & Couty Road 33, City Project 3307 CITY OF ROSEMOUNT
EXECUTNE SUNIMARY FOR ACTION
CITY COUNCIL MEETING DATE: October 5, 1999
AGENDA ITEM: Approval of Traffic Signal Agreement No. AGENDA SECTION:
99-07,Diamond Path/CR 33 (CP#307) Consent
PREPARED BY: Bud Osmundson AGENDA NO.
City Engineer/Public Works Director �
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ATTACHMENTS: Agreement APPROVED BY• ,
Attached is a copy of the agreement for the traffic control signal system with street lights at CSAH 42
and CR 33 (Diamond Path). This agreement is a formality between the county and the cities whereby
the costs, operation and maintenance of a traffic signal system are defined. This is a standard agreement
between the county and the cities. The signal system is being revised as part of the Diamond Path
proj ect.
Staff recommends approval of this agreement and authorization of necessary signatures.
RECOMMENDED ACTION: MOTION TO APPROVE THE TRAFFIC SIGNAL
AGREEMENT No. 99-07 BETWEEN THE COUNTY OF DAKOTA, CITY OF APPLE VALLEY,
AND CITY OF ROSEMOUNT FOR COUNTY PROJECT NO. 33-04, CITY PROJECT NO. 307
AND TO AUTHORIZE THE NECESSARY SIGNATURES.
COUNCIL ACTION:
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DAROTA COIINTY
DEPARTMENT OF HIGHFIAYB
� TRAFFIC SIGNAL AGREEMENT NO. 99-07
BETWEEN
THE COIINTY OF DAROTA,
THE CITY OF APPLE VALLEY�
AND
THE CITY OF ROSEMOIINT
FOR
COIINTY PROJECT NO. 33-04
TO
Revise the traffic control signal system with street lights and
emergency vehicle pre-emption on County State Aid Highway 42 at
County Road 33 (Diamond Path) in accordance with the plans and
specifications for the above referenced project in App1e Valley
and Rosemount, Dakota County.
� •��, Traffic Signal Agreement 99-07
THIS AGREEMENT, made and entered into by and between the County
of Dakota, hereinafter referred to as the "County", the City of
Apple Valley, hereinafter referred to as "Apple Valley", and the
City of Rosemount, hereinafter referred to as "Rosemount",
WITNESSETH:
WHEREAS, it is considered mutually desirable to revise the
traffic control signal system with street lights and emergency
vehicle pre-emption on County State Aid Highway 42 at County Road
33 (Diamond Path) in accordance with the plans and specifications
for County Project 33-04 in Apple Valley and Rosemount, Dakota
County; and
WHEREAS, the County, Apple Valley, and Rosemount will
participate in the cost, maintenance, and operation of said
revision to the traffic signal system with street lights and
emergency vehicle pre-emption as hereinafter set forth.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
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� � •x� Traffic Signal Agreement 99-07
1� F.n�i�nPPrin� The County and/or Apple Valley shall
prepare the necessary signal plan sheets, specifications, and
proposals and shall perform the engineering and inspection
required to complete the items of work hereinafter set forth.
Such work as described immediately above shall constitute
"Engineering and Inspection" and shall be so referred to
hereinafter.
2 . con�trLction o� s. The contract cost of the work and,
if portions of the work are not contracted, the cost of all
labor, materials, and equipment rental required to complete the
work shall constitute the actual "Construction Cost" and shall be
so referred to hereinafter.
3, �ignal construc ion. Apple Valley, by contract, shall
revise the traffic control signal system with street lights and
emergency vehicle pre-emption in accordance with County Project
33-04 with the construction, engineering, and inspection costs
shared as follows:
Estimated Construction Cost = $150,000.00
County's Share = 50�
Apple Valley's Share = 25�
Rosemount's Share = 25�
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� � � •�`�-�, Traffic Signal Agreement 99-07
4, p�sment_ Apple Valley will act as the paying agent for
payments to the contractor. Payments to the contractor will be
made as the project work progresses and when certified by the
City Engineer. Upon presentation of an itemized claim by Apple
Valley to the County or Rosemount, the receiving agency will
reimburse the invoicing agency for its share of the costs
incurred under this agreement within 30 days from the
presentation of the claim. If any portion of an itemized claim
is questioned by the receiving agency, the remainder of the claim
shall be promptly paid and accompanied by a written explanation
of the amounts in question.
5, F.ngi'nPPring -o� �_ Upon completion of the work and
computation of each agency's engineering costs, each agency shall
invoice the other agencies for their share of the engineering and
inspection costs. The receiving agency will reimburse the
invoicing agency for its share of the costs incurred under this
agreement within 30 days from the presentation of the claim.
(. o �n �� F �rni shed Ma ri al�. Upon completion of the work
and computation of the cost of County furnished materials, the
County shall invoice Apple Valley and Rosemount for their share
of the cost of materials furnished by the County. Apple Valley
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� '��,,, Traffic Signal Agreement 99-07
and Rosemount shall make payment to the County for the invoice
amount within thirty (30) days.
�. s;qnai Fn�g�. Upon completion of said traffic control
signal revision, the County, Apple Valley, and Rosemount shall be
responsible for providing the necessary electrical power for the
operation of the traffic control signal (except street lights) ,
as follows:
�,,RAH 42 & CR 33
County's Share = 100$
Apple Valley's Share = 0�
Rosemount's Share = 0$
g. �;gnai Main _enance= Upon completion of said traffic
control signal revision, the County shall maintain and keep in
repair the signal system, except street lights, at the cost and
expense of the County.
9. Street_T,iC�h _G. Upon completion of said traffic control
signal revision, Rosemount shall provide necessary electrical
power for the operation of the street lights and maintain the
street lights, at their cost and expense.
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� � •~r+,. Traffic Signal Agreement 99-07
10. Ma�t A_rm signs_ Upon completion of said traffic control
signal revision, the County shall maintain and keep in repair the
mast arm mounted street name signs at the cost and expense of the
County.
11. �r'C�PT► � Vehi cl e P__�e-emn _i on (�'.VP���G m. The EVP
system provided for in this agreement shall be installed,
operated, maintained, or removed in accordance with the following
conditions and requirements:
a) 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. Rosemount
shall provide the County with a list of all vehicles with emitter
units.
b) Malfunction of the EVP System shall be reported to the
County immediately.
c) In the event the EVP System or components are, in the
opinion of the County, being misused or the conditions set forth
in paragraph a above are violated, and such misuse or violation
continues after receipt by Rosemount of written notice from the
County, the County will remove the EVP System.
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� •��,. Traffic Signal Agreement 99-07
12. m;m� ,�_ Timing of the traffic control signal system
� provided for herein shall be determined by �the County Engineer
through the County Traffic Engineer, , and no changes shall be made
thereon except with the approval of the County.
13. 'prP��i o �a �i gna 1 Agr m n �. Upon execution of this
Agreement, the terms and conditions of this Agreement shall
supersede and terminate the signal maintenance and operation
provisions of the following Agreements with regard to the
intersection of CSAH 42 and CR 33 (old CSAH 9) :
Construction Agreement No. 86-03,
E.V.P. Agreement No. 95-07,
Agreement for Revocation of CSAH 9 dated 9/2/97.
14. R�,1 � and Bern�l a .i onG. The County� Apple Val ley, alld
Rosemount shall abide by M�nnesota Department of Transportation
and Federal Highway Administration rules and State statutes as
applicable to carry out the� work provided herein.
15. Tndemnifi .a ion. During the actual construction of the
traffic signal and related roadway construction activity, Apple
Valley agrees to defend, indemnify and hold the County harmless
against any and all claims, liability, loss, damage or expense
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� •�� Traffic Signal Agreement� 99-07
arising under the provisions of this Agreement. In order to
ensure a unified defense against any third party liability
arising from the design and construction called for in this .
agreement, Apple Valley agrees to maintain, and require any
contractors or subcontractors hired to do any portion of the work
under this Agreement to also maintain, Commercial General
. Liability insurance in amounts consistent with minimum limits of
coverage established under Minnesota Statutes 466.04 during the
term of this construction activity. Such insurance policy(ies)
shall name Dakota County as an Additional Insured with respect to
the construction work called for in this Agreement.
After completion of the roadway and traffic signal improvements,
each agency agrees to defend, indemnify, and hold harmless the
other agencies in this agreement against any and all claims,
liability, loss, damage, or expense arising under the provisions
of this Agreement and caused by or resulting from the negligent
act or omissions of that agency and/or those of its employees or
agents. All parties to this agreement recognize that� liability
for any claims arising under this agreement are subject to the
provisions of the Minnesota Municipal Tort Claims Law; Minnesota
Statutes, Chapter 466.
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� � •~«�„ Traffic Signal Agreement 99-07
16. Wa�v�r. Any and all persons engaged in the aforesaid
work to be performed by one agency shall not be considered
employees of another agency in this agreement for any purpose,
including Worker's Compensation, and any and all claims that may
or might arise out of said employment context on behalf of said
employees while so engaged, and any and all claims made by any
third 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 or responsibility
of another agency in this agreement.
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� ~� Traffic Signal Agreement 99-07
IN WITNESS THEREOF, the parties hereto have caused this
agreement to be executed by their duly authorized officials.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
. BY
Public Works Director Ma or
APPROVED AS TO FORM: �S�)
,
By ��-
ty Atto ey City C rk
Date �r�3, /�'f' �J' 9
CITY OF ROSEMOIINT
RECOMMENDED FOR APPROVAL:
By
City Engineer Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
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� � �'"•�„ Traffic Signal Agreement 99-07
DAROTA COIINTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
� Date
o n Engineer
APPROVED AS TO FORM:
�.
County Tr ffic Engineer
County Attorney
APPROVED AS TO EXECUTION:
COUNTY BOARD RESOLUTION
No. Date
County Attorney
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BOARD OF COUNTY COMMiSSiONERS
DAKOTA COUNTY, MINNESOTA "`
° June 8, 1999 _ 'r� Resolution No. 99-331
Motion by CommissioneG Maher ^ � Seconded by Commissioner Krause
Authorization to Enter into Right of Way and Construction Agreement with the City af Rosemount and the
City of Apple Valley for Construction of County Road 33 (Diamond Path)
WHEREAS,the 2000 Capitai Improvement Program (CIP)includes County Pro�ect(CP)33-04 for the reconstruction
of County Road (CR) 33 from County State Aid Highway (CSAH) 42 to future CR 46 (160`� Street) in the Cities of
Rosemount and Apple Valley; and
WHEREAS, Dakota County and the Cities of Rosemount and Apple Valley need to enter into a right of way
acquisition and construction agreement to proceed with this project; and
WHEREAS,a total of$2,000,OOO.is included in the approved 1999-2003 CIP for CP 33-04; and
WHEREAS, the Cities of Rosemount and Apple Valley have requested advancing the project for construction in
1999;and .
WHEREAS,this will provide an altemate route for future CR 46 construction programmed in 2000;and
WHEREAS, Dakota County needs to amend the 1999 CIP budget by$1,400,000 for construction of CP 33-04;and
WHEREAS, Highway Department Fund Balance is available;and
: WHEREAS,this agreement is consistent with Dakota County policy.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes en
agreement with the Cities of Rosemount and Apple Valley, in accordance with Dakota County policy,for the purpose
of reconstcuction of CR 33, CP 33-04;and
BE IT FURTHER RESOLVED,That the 1999 Highway CIP budget is hereby increased as follows:
Expense
CP 33-04 $1,400,000
Revenue �
Use of Fund Balance $1,400,000
;and
BE IT FURTHER RESOLVED, That the Dakota County Physical Development Director is hereby authorized to
execute the agreement,subject to approval by the Counry Attomey's Office as to form and execution.
STATE OF MINNESOTA
County of Dakota I,Mary S.Scheide,Clerk to the Board of the County of Dakota,State
YES Np of Minnesota, do hereby certify that I have compared the foregoing
copy of a resolution with the original minutes of the proceedings af the
Harris X Harris Boa�d of County Commissioners,Dakota County, Minnesota,at their
Maher X Maher session held on the 8'"day of June 1999, now on file in the County
Administration Departrnent,and have found the same to be a true and
Bataglia X Bataglia coRect copy thereof.
Schouweiler X Schouweiler Witness my hand and official seal of Dakota County ihis 11'"day of
� Tumer X Tumer June 1999.
t
Krause X Krause _ 'p
Branning X Branning � ��,{,�,' ,S• '`��c�lr�_
Clerk to the Board