Loading...
HomeMy WebLinkAboutResolution - 84-140 - Agreement for Participation in Construction of Signals - CSAH 18/1 - 05/29/1984 RESOLUTION NO. 84-140 At a duly authorized meeting of the City Council of Eden Prairie , Minnesota , the following resolution was moved and adopted: RESOLUTION WHEREAS , Agreement for participation in the construction and operation of a temporary traffic_ control signal system on County State Aid Highway No. 18 at CSAH 1/102nd Street , Hennepin County Project No. 8318, Agreement No . PW 17-07-83 has been prepared and presented to the City. NOW, THEREFORE , IT IS RESOLVED: That said Agreement be in all things approved. BE IT FURTHER RESOLVED, That the Mayor and Manager are authorized to sign Agreement No , PW 17-07-83 , Hennepin County Project No. 8318. �t Dated this c1 day of 19 4 . CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Eden Prairie at a meeting thereof held in the City of Eden Prairie , Minnesota on the may''= _day of L-1 .19 �SV as disclosed by the records of said City in my possession . (SEAL) i e r k _-- ----- -- Agreunerit No. P6^7 17-07-83 Hennepin County Project No. 8318 CSAI 118 at CSI',I I 1/West 10 2nd S tr ee t Cities of Bloomington and Eden Prairie County of Hennepin AGPM- 1E1QT FOR PAR`I.'ICIPATION IN 'n-IL CON.STRUCI'ION AND OPEIZATIO14 OF TRAFFIC CONTROL SIGNAL T[IIS AGREEMENT, Made and entered into this _day of , 19 , by and between. the County of Hennepin, a body politic and corporate under the laws of the State of Mirnesota, hereinafter referred to as the "County" and the Cities of Bloomington and Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "Cities". WIM SSET11: LtiHPT,EA.S, It is considered mutually desirable to install a temporary full traffic actuated traffic control :signal at the .intersection of County State skid Highway No. 18 and CSAH 1/West. 102nd Street within the Cities; and, WHEREAS, The Cities have expressed their willingness to participate in the construction and operating cost of said temporary traffic control signal; and i VMEREAS, Said work shall be carried out by the parties hereto under the provisions of I.I.S. Sec. 162 .17 . NJL4, TlIEREFORE, IT IS AGREED AS FOLI04S: I The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and- shall install, a temporary traffic control signal at the intersection of County State Aid No. 18 and CSAII 1/11est 102nd Street. .Such installation, as described iimnediately above, shall be identified and accomplished under lennepin County Project No. 8318, 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 1978 Edition of the Minnesota Department of Transportation "Standard Specifications for Highway Construction" and the project special provisions. III The Cities agree that any City licenses required to perform electrical work within their respective boundaries shall be issued to at no cost to 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 of Eden Prairie shall install, or cause the installation of an adequate two -1- Agreement No. Pad 17-07--83 120 Volt, single phase, alternating current electrical power connection to the _ introllcr cabir�t of the project at its sole cost and expense. This City of Eden Prairie shall provide the el&ctrical energy for the ope-ration of the traffic control signal to be installed under the proj ec-t, at no cost to the County. The City of Bloomington shall reimburse the City of Eden Prairie fifty percent (50%) of the cost of electrical power confection cnd electrical energy required for the operation of the traffic control signal, as arranged for by and between the Cities. V The construction cost of the temporary signal shall be the cost nf all labor, materials, and equipment rental required to complete the project. The cost of labor shall include the wages paid to complete the project plus a percentage thereof to cover the indirect cost of labor to the County. It is understood that the estimated construction cost stated hereinafter is for informatiomal purposes only. The estimated construction cost of this project is $15,000. VI Each City, as its respective share of the construction costs, shall pay the County 50 percent of the actual above defined construction cost of County Project 8318" plus 10 percent of such share as payment for engineering and inspection. Payment shall be made to the I:ennepin County Treasurer within 30 days after submittal to the Cities of the County's final, itemized, statement of this project cost. VI It is further agreed that the amount expended by the community for a temporary signal is directly applicable as credit toward the community's share in a permanent signal when such a device is installed at this intersection. VIIII 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; 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 may be directly involved in an emergency. IX Upon completion of the work, the County shall maintain and repair said traffic control signal at the sole cost and expense of the County. 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 will have no responsibility for the supervision of the work. XI It is further agreed that the County shall not be responsible or liable to the City or to any other person or persons whomn-:oever for claim,., damages, action, or cause of 3tion of any kind or character arising out of or by reason of the performance of any irk or part hereof by the City as provided for herein; and the City further agrees to defend at its sole cost and expense any action or proceeding comrrienced for the purpose of _2_ / n k Agreement No. Pla 17-07-83 erting any claim of whatsoever character arising in connection with or by virtue of ?. ..f orma.nce hereunder by the City. It is further agreed that the City shall not be responsible or liable to the County or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of: the performance of any work or part hereof by the County as provided for herein; and the County 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 hereunder by the County. XII 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 for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation. Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said 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 employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, 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 of the City, and that any zand -'1 claims that may or might arise under the Worker's Compensation Act or the { amployme-nt Compensation Act of the State of Minnesota on behalf of said 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 employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIII The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. --3- ll�►'1 Agreement No. PW 17-07-83 Hennepin County Project No. 8318 CSAH 18 at CSAH 1/vlest 10 2nd Street Cities of Bloomington and Eden Prairie County of Hennepin IN `i'f:STIMONY 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 �,,ritten. CITTY OF EDEN PRAIRIE CITY OF BLDIIN 3TCU w gy; By Date: / V Date: And• i' _ And: Manager. Main, g � Dace: Date- (SEAL) (SEAL) n COUITTY OF HENNEPIN ATTEST: By: Clerk of The County Board Chairman of Its County Board- Date: _ Date: Upon proper execution, this agreement And: will be,leaally valid and binding. Associate County Administrator �- ✓ and County Engineer Assistant County Attorhey Date: Date:--- Approved as to execution: RECOIZ ENDED FOR APPROVAL: BY: _ By: Assistant County Attorney Director, Department of Transportation Date:-- Date:- -4- lIU� C,RT I F 1 CATION OF r1 I.,JTES RE LY.`I'I NG TO U3 , vGG , 000 CONLni^RCIAL DE�'�LOP. __=� RE'IE lE BOLIDS ( `:-1LMES REFRIGERATION COP-P7 ', PR,->,2=CT ) issuer : City of Eden Prairie, Minnesota Governing Body : City Council Kind, date , time and place of meeting : A regular meeting , held on May 15 , 1984 , at 7 : 30 o 'clock , P .M . , at the Eden Prairie Citv Hall . .Members present : Mayor Penzel , Anderson , Tangen , Bentley and Redpath Members absent : None Documents Attached : minutes of said meeting (pages ) : 1 through 8 , including: RESOLUTION NO . 8 4-141 RESOLUTION RELATING TO $3 , 600 , 000 COMMERCIAL DEVELOPMENT REVENUE BONDS (JAYIES REFRIGERATION COMPANY PROJECT) ; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES , CHAPTER 474 , AS AM-ENDED, AND AUTHORIZING THE EXECUTION OF DOCUMENTS I , the undersigned, being duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate , certify that the documents attached hereto , as described above , have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed ; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said. • corporation , and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting , so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above , pursuant to call and notice of such meeting given as required by la-w, WITNESS my hand officially as such recording officer this 29th day of May, 1984 . i azure John lira ne , City Clerk Name and Title ( SEAL )