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HomeMy WebLinkAboutTraffic Signal Agreement SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 r-:, l~ Q1-o 1 BRADLEYJ. LARSON ASSOCIATE ADMINISTRATOR Fax: (612) 496-8365 October 6, 1997 Frank Boyles Prior Lake City Manager Prior Lake City Hall 16200 Eagle Creek Avenue Prior Lake, MN 55372 SUBJECT: SAP 70-621-16, Traffic Signal Agreement CSAH 21 at Main Avenue Dear Mr. Boyles: Enclosed are two copies of the Agreement for Participation in the Construction and Operation of Traffic Control Signal and Integral Street Light between the City of Prior Lake and County of Scott for State Aid Project 70-621-16. Please approve and secure the signatures noted. Return both signed copies to this office. One fully executed copy will be sent to you when approved by the Scott County Board. Also enclosed is a copy of a sample resolution authorizing the execution of this agreement. If the City would like to request that a representative from Scott County attend the City Council meeting, please notify Bill Schmokel or Scott Merkley. Please call us if you need additional information. Sincerely, Bradley J. La Associate Adminis rator - Public Works and Lands OAtr BJUjkf Ene. jf-w:\word\project\621-16\citysign.doc An Equal Opportunity/Safety Aware Employer State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior Lake County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Prior lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights, and interconnect to the TH 13/CSAH 21 signal at the intersection of County State Aid Highway 21 and Main Avenue within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. See. 162.17. NOW, THEREFORE, IT IS AGREED AS FOllOWS: I The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 21 and Main Avenue. Such installation, as described immediately above, shall be identified and accompl ished under State Aid Project No. 70-621-16, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II The term specifications as used herein shall mean the 1988 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior Lake County of Scott III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. IV The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall be responsible for all costs to provide the electrical energy for the operation of the traffic control signal system, integral street lights and for all costs associated with the installation and operation of the Emergency Vehicle Preemption system installed with the traffic signal system to be installed at the County State Aid Highway 21 (Eagle Creek Avenue) and Main Avenue intersection. V The County shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The construction cost is for the traffic signal system and does not include Emergency Vehicle Preemption (EVP) system. Should EVP be desired by the City, the cost would be the responsibility of the City. The estimated construction cost of this project is $125,000. 2 State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior lake County of Scott VII The City shall, as its share of the construction costs, pay the County fifty percent (50%) of the actual construction cost of the traffic control signal system with integral street lights, plus eighteen percent (18%) of such share as payment for Engineering and Inspection of State Aid Project No. 70-621-16. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IX Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. The City shall maintain the integral street lights, including maintaining photoelectrical controls, relamping and glassware. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 3 State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior Lake County of Scott XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that mayor might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County In the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims 4 State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior Lake County of Scott that mayor might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of Minn. Stat. See. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 5 State Aid Project No. 70-621-16 CSAH 21 @ Main Avenue City of Prior lake County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. ATTEST: 1J' CITY OF PRIOR LAKE By./4~_ Lyia Andren, Mayo/". :" Date tfr;/ 7oh77 //' And l,tJf f~ ! Fra. nk~. ~ Ije;;~'Ci Manager Date luk119 I l / : COUNTY OF SCOTT ATTEST: By David J. Unmacht, County Administrator By Ralph Malz,Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By Thomas Harbinson, County Attorney RECOMMENDED FOR APPROVAL: Date By Bradley J. Larson, County Engineer Date APPROVED AS TO EXECUTION: By Thomas Harbinson, County Attorney Date jf-w:\word\project\621-16\Sigcoop.doc October 3, 1997 6