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HomeMy WebLinkAbout2009-056 Council Resolution• Council MemberReinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -56 • 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. • • • • 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) . 94607M -1- • 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 • 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 94607M -2- • 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 94607M -3- • 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 94607M -4- • • • 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 94607M -5- • • • 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. 94607M -6- • • • 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 94607M -7- • • • 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. 94607M -8- • • • 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 94607M -9- • 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 94607M -10- • • 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, 94607M -11- • • • 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. 94607M -12- • • 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. 94607M -13- • • • COUNTY OF ANOKA APPROVED AS TO FORM: By: Chairperson of Board County Attorney Date: RECOMMENDED FOR APPROVAL: County Highway Engineer 94607M -14- By: Title: Date: • • CITY OF LINO LAKES By: Mayor Date: By: Title: Date: 15 94607M • -15- CITY OF CENTERVILLE By: Mayor Date: By: Title: Date: 411 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION • 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: 16