HomeMy WebLinkAbout2009-056 Council Resolution• Council MemberReinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09 -56
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RESOLUTION APPROVING AGREEMENT
WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
MN /DOT SIGNAL AGREEMENT NO. 94607M
MAIN STREET (CSAH 14)/I -35E INTERCHANGE
WHEREAS, The Minnesota Department of Transportation, Anoka County, City of
Centerville and City of Lino Lakes have determined that there is justification and it is in
the public's best interest to install new traffic control signals including street lights and
signing (Traffic Control Signals), on County State Aid Highway No. 14 at 21st Avenue;
and on Trunk Highway No. 35E at County State Aid Highway No. 14, West Ramps and
East Ramps; and provide maintenance and electrical energy for the existing traffic
control signals including street lights and signing (Traffic Control Signals) on County
State Aid Highway No. 14 at County Road No. 84 (Otter Lake Road) and at County
State Aid Highway No. 54 (20th Avenue); and install traffic signal interconnect
(Interconnect) on County State Aid Highway No. 14 from County Road No. 84 (Otter
Lake Road) to County State Aid Highway No. 54 (20th Avenue); and
WHEREAS, approval of MN /DOT Signal Agreement No. 94607M does not commit the
City to fund the CSAH 14/I -35E interchange project, and fulfillment of the City's
obligations under the Signal Agreement are contingent upon execution of a joint powers
agreement with Anoka County.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA that the City of Lino Lakes enter into Mn /DOT Agreement
No. 94607M with the State of Minnesota, Department of Transportation; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to
execute the Agreement and any amendments to the Agreement.
ne Bartell City lerk
• Adopted by the Lino Lakes City Council this 24th day of August, 2009.
• The motiop for the adoption of the foregoing resolution was duly seconded by Council
Member o Donnell and upon vote being taken thereon, the following voted in favor
thereof:
Reinert, O'Donnell, Stoltz, Gallup
The following voted against same:
None (absent - Bergeson)
Whereupon said resolution was declared duly passed and adopted.
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AGENDA ITEM 6D
STAFF ORIGINATOR: Michael Grochala
CITY COUNCIL
MEETING DATE: August 24, 2009
TOPIC:
Consideration of Resolution No. 09 -56
Approving Traffic Signal Agreement with
Mn /DOT, I -35E /Main Street.
ACTION REQUIRED: Simple Majority
BACKGROUND
As part of the 135E /Main Street interchange project, three new traffic signals will be
installed and interconnected with the existing signal systems located at the Main St/20th
Avenue and Main Street and Otter Lake Road.
The purpose of the signal agreement is to assign operational and maintenance
responsibilities to the individual jurisdictions. Under the terms of the agreement, the
City is responsible for providing a power supply, monthly electrical costs and ongoing
maintenance of the street lights (luminaries). Anoka County is responsible for the
maintenance of the system components.
The responsibilities are consistent with existing signal agreements between the County,
State and City. Execution of the agreement does not commit the city to funding the
CSAH 14/I -35E interchange project. Such commitment will be subject to a separate
Joint Powers Agreement with Anoka County.
RECOMMENDATION
Staff is recommending approval of Resolution No. 09 -56.
ATTACHMENTS
1. Resolution No. 09 -56
2. Mn /DOT Agreement No. 94607M
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 94607M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF ANOKA
AND
THE CITY OF LINO LAKES
AND
THE CITY OF CENTERVILLE
TO
Provide Maintenance and Electrical Energy for the New Traffic
Control Signals with Street Lights, Emergency Vehicle Pre-
emption, and Signing on County State Aid Highway No. 14 at 21st
Avenue; and on Trunk Highway No. 35E at County State Aid Highway
No. 14, West Ramps and East Ramps; and Provide Maintenance and
Electrical Energy for the Existing Traffic Control Signals with
Street Lights, Emergency Vehicle Pre - emption, and Signing on
County State Aid Highway No. 14 at County Road No. 84 (Otter
Lake Road) and at County State Aid Highway No. 54 (20th Avenue);
and for the New Interconnect on County State Aid Highway No. 14
from County Road No. 84 (Otter Lake Road) to County State Aid
Highway No. 54 (20th Avenue) in the Cities of Lino Lakes and
Centerville, Anoka County, Minnesota.
S.P. 0282 -25 (T.H. 35E =390)
S.A.P. 02- 614 -28 and 02- 614 -29
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 County of Anoka,
(County), the City of Lino Lakes, (Lino Lakes) and the City of
Centerville, (Centerville).
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
new traffic control signals including street lights and signing
(Traffic Control Signals), on County State Aid Highway No. 14 at
21st Avenue; and on Trunk Highway No. 35E at County State Aid
Highway No. 14, West Ramps and East Ramps; and provide
maintenance and electrical energy for the existing traffic
control signals including street lights and signing (Traffic
Control Signals) on County State Aid Highway No. 14 at County
Road No. 84 (Otter Lake Road) and at County State Aid Highway
No. 54 (20th Avenue); and install traffic signal interconnect
(Interconnect) on County State Aid Highway No. 14 from County
Road No. 84 (Otter Lake Road) to County State Aid Highway No.
54 (20th Avenue) .
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Lino Lakes and Centerville request and the State
agrees to the installation of Emergency Vehicle Pre - emption
Systems, (EVP Systems), as a part of the new Traffic Control
Signal installations. The existing Traffic Control Signals have
EVP Systems currently fully operational.
The County, Lino Lakes, Centerville and the State will
participate in the maintenance, operation, and electrical energy of
the new and existing Traffic Control Signals, EVP Systems and
Interconnect.
CONTRACT
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1. The County, with its own resources or by
contract, will install new Traffic Control Signals and EVP
Systems on County State Aid Highway No. 14 at 21St Avenue (System
"A "); and on Trunk Highway No. 35E at County State Aid Highway
No. 14, West Ramps (System "B ") and East Ramps (System "C "); and
provide maintenance and electrical energy for the existing
Traffic Control Signals on County State Aid Highway No. 14 at
County Road No. 84 (Otter Lake Road) and at County State Aid
Highway No. 54 (20th Avenue); and install Interconnect on County
State Aid Highway No. 14 from County Road No. 84 (Otter Lake
Road) to County State Aid Highway No. 54 (20th Avenue) pursuant
to State Project No. 0282 -25 (T.H. 35E =390) and State Aid
IIIProject No's 02- 614 -28 and 02- 614 -29. The Construction Costs and
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State - furnished Materials Cost will be covered in Municipal
Agreement No. 94579.
2. Lino Lakes will be responsible for the cost and
application to secure an adequate power supply to the service
pads or poles for Systems "A ", "B ", "C" and the existing Traffic
Control Signal on County State Aid Highway No. 14 at County Road
No. 84 (Otter lake Road). Lino Lakes will thereafter pay all
monthly electrical service expenses necessary to operate Systems
"A ", "B ", "C" and the existing Traffic Control Signal on County
State Aid Highway No. 14 at County Road No. 84 (Otter lake
Road) .
• 3. Upon completion of this project (System "A "), It
•
shall be the County's responsibility, at its cost and expense,
to: (1) replace the signal system L.E.D. indications; and
(2) clean the new traffic control signal; and (3) clean the new
controller and service cabinets; b) It shall be Lino Lakes
responsibility, at its cost and expense, to: (1) clean the
luminaire mast arm extensions; (2) maintain the luminaires and
all its components, including replacement of the luminaire if
necessary; and (3) relamp the street lights; and (c) It shall be
the State's responsibility to maintain the traffic control
signal cabinet, control equipment and interconnect, repair
knockdowns of the new traffic control signal system, perform all
other traffic control signal and street light maintenance, and
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be responsible for timing and operation of the new Traffic
Control Signal, all on a reimbursable basis with the County.
4. Upon completion of this project (System "B" and
"C "), a) It shall be the County's responsibility, at its cost
and expense, to: (1) replace the signal system L.E.D.
indications; (2) clean the new traffic control signal; and (3)
clean the new controller and service cabinets; b) It shall be
Lino Lakes responsibility, at its cost and expense, to:
(1) clean the luminaire mast arm extensions; (2) maintain the
luminaires and all its components, including replacement of the
luminaire if necessary; and (3) relamp the street lights; and
(c) It shall be the State's responsibility at its cost and
expense, to maintain the signing and interconnect and perform
all other traffic control signal and street light maintenance.
5. Upon completion of this project (for the existing
Traffic Control Signal on County State Aid Highway No. 14. at
County Road No. 84 (Otter Lake Road), a) It shall be the
County's responsibility, at its cost and expense, to:
(1) replace the signal system L.E.D. indications; (2) clean the
existing traffic control signal; and (3) clean the existing
controller and service cabinets; b) It shall be Lino Lakes
responsibility, at its cost and expense, to: (1) clean the
luminaire mast arm extensions; (2) maintain the luminaires and
all its components, including replacement of the luminaire if
necessary; and (3) relamp the street lights; and (c) It shall be
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the State's responsibility to maintain the traffic control
signal cabinet, control equipment and interconnect, repair
knockdowns of the existing traffic control signal system,
perform all other traffic control signal and street light
maintenance, and be responsible for timing and operation of the
existing Traffic Control Signal, all on a reimbursable basis
with the County.
6. Centerville will be responsible for the cost and
application to secure an adequate power supply to the service
pad or pole for the existing Traffic Control Signal on County
State Aid Highway No. 14 at County State Aid Highway No. 54 (20th
Avenue). Centerville will thereafter pay all monthly electrical
service expenses necessary to operate the existing Traffic
Control Signal on County State Aid Highway No. 14. at County
State Aid Highway No. 54 (20th Avenue) .
7. Upon completion of this project (for the existing
Traffic Control Signal on County State Aid Highway No. 14 at
County State Aid Highway No. 54 (20th Avenue), a) It shall be the
County's responsibility, at its cost and expense, to:
(1) replace the signal system L.E.D. indications; and (2) clean
the existing traffic control signal; and (3) clean the existing
controller and service cabinets; b) It shall be Centerville's
responsibility, at its cost and expense, to: (1) clean the
luminaire mast arm extensions; (2) maintain the luminaires and
all its components, including replacement of the luminaire if
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necessary; and (3) relamp the street lights; and (c) It shall be
the State's responsibility to maintain the traffic control
signal cabinet, control equipment and interconnect, repair
knockdowns of the existing traffic control signal system,
perform all other traffic control signal and street light
maintenance, and be responsible for timing and operation of the
existing Traffic Control Signal, all on a reimbursable basis
with the County.
8. The EVP Systems will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements:
a) All maintenance of the EVP Systems (System
"B" and "C ") must be done by State forces.
b) All maintenance of the new EVP System
(System "A ") and the existing EVP System on
County State Aid Highway No. 14 at County
Road No. 84 (Otter Lake Road) will be
performed by the State, all on a
reimbursable basis with Lino Lakes.
c) All maintenance of the existing EVP System
on County State Aid Highway No. 14 at County
State Aid Highway No. 54 (20th Avenue) will
be performed by the State, all on a
reimbursable basis with Centerville.
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d) 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. Lino Lakes and
Centerville will provide the State's
Metropolitan District Engineer or his
designated representative a list of all
vehicles with emitter units, upon request.
e) Malfunction of the EVP Systems must be
reported to the State immediately.
f) In the event the EVP Systems or its
components are, in the opinion of the State,
being misused or the conditions set forth in
Paragraph c above are violated, and such
misuse or violation continues after Lino
Lakes or Centerville receives written notice
from the State, the State may remove the EVP
Systems. Upon removal of the EVP Systems
pursuant to this Paragraph, all of its parts
and components become the property of the
State.
g) All timing of the EVP Systems will be
determined by the State
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9. All timing of the new and existing Traffic
Control Signals will be determined by the State, and no changes
may be made except with the approval of the State.
10. The State will, for System "A" and for the
existing traffic control signals on County State Aid Highway No.
14 at County Road No. 84 (Otter Lake Road) and at County State
Aid Highway No. 54 (20th Avenue), provide the necessary labor,
material and equipment to maintain and keep in repair the
traffic control signal cabinets and control equipment, repair
knockdowns of the new and existing Traffic Control Signal
systems and perform all other traffic control signal and street
light maintenance not performed by the County, Lino Lakes or
Centerville, and will be responsible for the timing and
operation of the new Traffic Control Signal on County State Aid
Highway No. 14 at 21st Avenue (System "A ") and for the existing
Traffic Control Signals and on County State Aid Highway No. 14
at County Road No. 84 (Otter Lake Road) and at County State Aid
Highway No. 54 (20th Avenue) .
11. Upon completion of any Traffic Control Signal
work performed under this agreement for System "A" and for the
existing Traffic Control Signals on County State Aid Highway No.
14 at County Road No. 84 (Otter Lake Road) and at County State
Aid Highway No. 54 (20th Avenue), the State will submit to the
County a detailed invoice in duplicate listing all labor,
equipment and materials used.
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Upon completion of any EVP work performed under
this agreement for System "A" and for the existing EVP System on
County State Aid Highway No. 14 at County Road No. 84 (Otter
Lake Road), the State will submit to Lino Lakes a detailed
invoice in duplicate listing all labor, equipment and materials
used.
Upon completion of any work performed under this
agreement for the existing EVP System on County State Aid
Highway No. 14 at County State Aid Highway No. 54 (20th Avenue),
the State will submit to Centerville a detailed invoice in
duplicate listing all labor, equipment and materials used.
The County, Lino Lakes and Centerville will
reimburse the State for services provided hereunder as follows:
a) Direct labor charges will be reimbursed at
the actual hourly rates paid to State forces
performing the work.
b) Fringe benefits will be reimbursed as a
percentage of direct labor charges, such
percentage to be determined by the State
Accounting and Finance Section at the
beginning of each State fiscal year from the
current cost accounting data.
c) Overhead costs will be reimbursed as a
percentage of the total of direct labor
charges, fringe benefits and the cost of any
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materials, equipment and personal expense
provided, such percentage to be determined
by the State Finance and Accounting Section
at the beginning of each State fiscal year
from the current cost accounting data.
d) Any material used will be reimbursed at
their actual cost to the State.
12. Upon receipt of said invoice, the County, Lino
Lakes and Centerville will promptly pay the State the full
amount due. If the County, Lino Lakes or Centerville fails to
pay any amount due to the State under this agreement, the
Commissioner of Transportation may withhold payment of State Aid
money to the County, Lino Lakes or Centerville to the extent
provided by Minnesota Statutes, Section 161.38, Subdivision 6.
13. Any party may terminate this agreement upon
providing 30 days notice to the other party. The County's
termination must be accomplished by a resolution of the County
Board. Lino Lakes or Centerville's termination must be
accomplished by a resolution of each respective City Council.
The State's termination must be accomplished by a letter from
Mn /DOT's Metropolitan District Engineer or his designated
representative. Upon termination it will be the County's
responsibility, for System "A" and for the existing Traffic
Control Signals on County State Aid Highway No. 14 at County
• Road No. 84 (Otter Lake Road) and at County State Aid Highway
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No. 54 (20th Avenue), at its costs and expense, to maintain and
keep in repair the new and existing Traffic Control Signals.
Upon termination, the timing of System "A" and existing Traffic
Control Signals on County State Aid Highway No. 14 at County
Road No. 84 (Otter Lake Road) and at County State Aid Highway
No. 54 (20th Avenue) will be determined by the County's Engineer.
Upon termination it will be Lino Lakes responsibility, for
System "A" and for the existing EVP System on County State Aid
Highway No. 14 at County Road No. 84 (Otter Lake Road), at its
costs and expense, to maintain and keep in repair the new and
existing EVP Systems, including timing. Upon termination it will
be Centerville's responsibility, for the existing EVP System on
County State Aid Highway No. 14 at County State Aid Highway No.
54 (20th Avenue), at its costs and expense, to maintain and keep
in repair the existing EVP System, including timing.
14. 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 and
the County's, Lino Lakes and Centerville's liability is governed
by Minnesota Statutes Chapter 466. Each party will be solely
responsible for its own employees for any Workers Compensation
Claims.
15. By signing this agreement, the County, Lino Lakes
IIIand Centerville authorize the State to enter upon the County,
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Lino Lakes and Centerville public right of way to install and
maintain the new and existing Traffic Control Signals and EVP
Systems.
16. 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.
17. If any party fails to enforce any provisions of
this Agreement, that failure does not waive the provision or its
right to enforce it.
18. 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.
19. 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.
20. 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.
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21. Authorized Agents
a. The State's Authorized Agent for the purpose of the
administration of this Agreement is Allan Espinoza,
Mn /DOT Metropolitan District Traffic Engineering, or
his successor. His current address and phone number
are 1500 West County Road B2, Roseville, MN 55113,
(651) 234 -7812.
b. The County's Authorized Agent for the purpose of the
administration of this Agreement is Doug Fischer, Anoka
County Engineer, or his successor. His current address
and phone number are Anoka County Highway Department,
1440 Bunker Lake Boulevard Northwest, Andover, MN.
55304, (763)862 -4213.
c. Lino Lakes Authorized Agent for the purpose of the
administration of this Agreement is Daniel Tesch,
Interim City Administrator, or his successor. His
current address and phone number are 600 Town Center
Parkway, Lino Lakes, MN 55014, (651) 982 -2404.
d. Centerville's Authorized Agent for the purpose of the
administration of this Agreement is Dallas Larson,
City Administrator, or his successor. His current
address and phone number are 1880 Main Street,
Centerville, MN 55038, (651) 429 -3232.
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COUNTY OF ANOKA
APPROVED AS TO FORM: By:
Chairperson of Board
County Attorney Date:
RECOMMENDED FOR APPROVAL:
County Highway Engineer
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By:
Title:
Date:
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CITY OF LINO LAKES
By:
Mayor
Date:
By:
Title:
Date:
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CITY OF CENTERVILLE
By:
Mayor
Date:
By:
Title:
Date:
411 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
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RECOMMENDED FOR APPROVAL:
By:
Metropolitan District State Design Engineer
Engineer
Date:
COMMISSIONER OF ADMINISTRATION As to form and execution:
As delegated to Materials
Management Division By:
Contract Management
By: Date:
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