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HomeMy WebLinkAbout2007-048 Council ResolutionCouncil Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-48 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ANOKA MN /DOT SIGNAL AGREEMENT NO. 90500M LAKE DRIVE (CSAH 23)/I -35W INTERCHANGE WHEREAS, The City is about to perform roadway construction on the I -35W and CSAH 23 Interchange in Lino Lakes with the limits shown on the City - prepared plans, specifications, and special provisions and designated by the State as State Project No. 0280 -55 and Sate Aid Project Numbers SAP 02- 623 -13 and 210 - 020 -04 ( "Construction "); and WHEREAS, the Construction includes the installation of new Traffic Control Signals with Street Lights, Emergency Vehicle Preemption (EVP) and revised Traffic Control Signal, EVP and interconnect on CSAH 23 (Lake Drive) at Apollo Drive; and • WHEREAS, The City requests and the County and State agree to the installation of Emergency Vehicle Pre - emption Systems (EVP Systems(s)) as part of the new and revised Traffic Control Signal installations; and • WHEREAS, The County, the City and the State will participate in the cost, maintenance and operation of the new and revised Traffic Control Signals and EVP Systems. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the City enter into an Agreement (Agreement Number 90500M) with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide Maintenance and Electrical Energy for the new Traffic Control Signals with Street Lights, Emergency Vehicle Pre - emption, Interconnect and Signing on County State Aid Highway No. 23 (Lake Drive) at Town Center Parkway, and on Trunk Highway 35W South and North Ramps at county State Aid Highway 23 (Lake Drive), and for the revised Traffic Control Signal with Street Lights, Emergency Vehicle Pre- emption, Interconnect and Signing on County State Aid Highway No. 23 (Lake Drive) at Apollo Drive, in accordance with the terms and conditions set forth and contained in Agreement No. 90500M, a copy of which was before the Council. 2 • BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are authorized to execute such Agreement and any amendments, and thereby assume for and on behalf of the City all of the contractua bligations contained therein. • • Juliann Bartell, City /Clerk n J. B Jgeso , Mayor Adopted by the Lino Lakes City Council this 26th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Membercarison and upon vote being taken thereon, the following voted in favor thereof: Reinert, Carlson, O'Donnell, Stoltz, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 3 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6B Michael Grochala March 26, 2007 Consideration of Resolution No. 07 -48 Approving Traffic Signal Agreement with Mn /DOT /Anoka County, I -35W /Lake Dr. Simple Majority The City is preparing to move forward with the reconstruction of the Lake Drive /I -35W Interchange in 2007. As part of the project three new traffic signals will be installed and interconnected with the existing signal at the Lake Drive and Apollo Drive intersection. 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 design (completed), construction, and ongoing maintenance of the el street lights (luminaries) and power. Anoka County is responsible for the maintenance of the system components. The State will reimburse the county for costs incurred for annual maintenance on the two freeway ramp signals. The responsibilities are consistent with existing signal agreements between the County and City. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -48. ATTACHMENTS 1. Resolution No. 07 -48 2. Mn /DOT Agreement No. 90500M • • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 90500M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ANOKA AND THE CITY OF LINO LAKES TO Provide Maintenance and Electrical Energy for the new Traffic Control Signals with Street Lights, Emergency Vehicle Pre- emption, Interconnect and Signing on County State Aid Highway No. 23 (Lake Drive) at Town Center Parkway, and on Trunk Highway 35W South and North Ramps at County State Aid Highway No. 23 (Lake Drive), and for the revised Traffic Control Signal with Street Lights, Emergency Vehicle Pre - emption, Interconnect and Signing on County State Aid Highway No. 23 (Lake Drive) at Apollo Drive in Lino Lakes, Anoka County, Minnesota. S.P. 0280 -55 (T.H. 35W =394) S.A.P. 02- 623 -13 and 210 - 020 -04 Prepared by Metropolitan Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered Otherwise Covered • • Agreement No. 90500M PARTIES This Agreement is entered into by the State of Minnesota acting through its Commissioner of Transportation, (State), and the County of Anoka, (County), and the City of Lino Lakes, (City) . 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, interconnect and signing (Traffic Control Signal(s)) on County State Aid Highway No. 23 (Lake Drive) at Town Center Parkway, and on Trunk Highway 35W South and North Ramps at County State Aid Highway No. 23 (Lake Drive), and revise an existing traffic control signal including street lights, interconnect and signing (Traffic Control Signal(s)) on County State Aid Highway No. 23 (Lake Drive) at Apollo Drive, in accordance with State plans, specifications and special provisions designated as State Project No. 0280 -55 (T.H. 35W =394) and State Aid Project No.'s 02- 623 -13 and 210 - 020 -04. 2 • • Agreement No. 90500M The City requests and the County and State agree to the installation of Emergency Vehicle Pre - emption Systems (EVP System(s)) as a part of the new and revised Traffic Control Signal installations. The County, the City and the State will participate in the cost, maintenance and operation of the new and revised Traffic Control Signals and EVP Systems. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal (Preliminary Engineering). The City will also perform all necessary construction inspection, (Construction Engineering). 2. The City, with its own resources or by contract, will install new Traffic Control Signals and EVP Systems on County State Aid Highway No. 23 (Lake Drive) at Town Center Parkway (System "A "), and on Trunk Highway 35W South Ramps at County State Aid Highway No. 23 (Lake Drive)(System "B "), and on Trunk Highway 35W North Ramps at County State Aid Highway No. 23 (Lake Drive)(System "C "), and revise an existing Traffic Control Signal and EVP System on County State Aid Highway No. 23 (Lake Drive) at Apollo Drive (System "D "), in accordance with State plans, specifications and special provisions designated as State 3 • • • Agreement No. 90500M Project No. 0280 -55 (T.H.35W =394) and State Aid Project No.'s 02- 623 -13 and 210- 020 -04. All State costs associated with the construction project are in accordance with Agreement No. 90794 between the State and the City. 3. The construction work will be under the direction and supervision of the City. The State will have the right to periodically inspect the construction work. 4. The City 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 "D ". Upon completion of this project (Systems "A ", "B ", "C ", and "D "), the City will thereafter pay all monthly electrical service expenses necessary to operate the new and revised Traffic Control Signals and EVP Systems. 5. Upon completion of this project, the maintenance responsibilities for the new Traffic Control Signals (Systems "B" and "C ") are as follows: a) The County will, at its cost and expense: (1)relamp the new traffic control signals, (2) paint the new traffic control signals, and (3) clean the controllers and service cabinets; b) The City will, at its cost and expense: (1) maintain the new luminaires and all their components, including replacement of the luminaire if necessary; • Agreement No. 90500M (2) relamp the new street lights; and (3) clean and paint the new luminaire mast arm extensions; and c) The County will, at its cost and expense, maintain the traffic signal cabinets and control equipment, repair knockdowns of the new Traffic Control Signal Systems, perform all other traffic control signal and street light maintenance, and be responsible for the timing and operation of the new Traffic Control Signals, all on a reimbursable basis with the State. The timing will be determined by the County's Traffic Engineer. Painting will be in accordance with Mn /DOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer. 6. Upon completion of this project, the maintenance responsibilities for the new Traffic Control Signal and EVP System (System "A ") and the revised Traffic Control Signal and EVP System (System "D ") will be covered in a separate agreement between the County and the City. 7. The new EVP Systems (Systems "B" and "C ") will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) The County will maintain the EVP Systems, including timing, on a reimbursable basis with the State. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, • • Agreement No. 90500M Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Metropolitan District Engineer or his /her designated representative a list of all vehicles with emitter units, upon request. c) Malfunction of the EVP Systems must be reported to the County immediately. d) In the event the EVP Systems or their 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 the City 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. e) All timing of the EVP Systems will be determined by the County's Traffic Engineer. • • Agreement No. 90500M 8. The County will maintain and keep in repair the new Traffic Control Signals and EVP Systems (System "B" and "C "). The County will operate the Traffic Control Signals and EVP Systems, including timing, as specified in Paragraphs 5 and 7. The County will defend and indemnify the State from any claims arising out of the performance or non - performance of the County's obligations under this paragraph. 9. The County will invoice the State annually for the actual costs it incurs in maintaining and keeping in good repair the new Traffic Control Signals and EVP Systems (Systems "B" and "C "), as specified in Paragraphs 5 and 7 excluding the following: Maintenance of the luminaires and all its components, including replacement of the luminaire if necessary; relamping the new traffic control signals and street lights; cleaning and painting the new traffic control signals and luminaire mast arm extensions; and cleaning the controllers and service cabinets, assigned to the County and the City by this Agreement. The invoice must be submitted to the State's Metropolitan Electrical Service Unit. The invoice must include a detailed itemization of costs and be signed by a responsible County official, attesting to the validity of the expenses. Subject to State's approval of the expenses and encumbrance of funds, the State will promptly pay the invoice. The invoice, and any supporting documents are subject to audit by proper State officials, for a minimum of six years. - 7 - • • Agreement No. 90500M 10. The County or the State may terminate the terms and conditions covering maintenance and operation contained in Paragraphs 5, 7, 8, and 9 upon providing 30 days notice to the other party. The County's termination must be accomplished by a resolution of its County Board. The State's termination must be accomplished by a letter from Mn /DOT's Metropolitan District Engineer or his /her duly authorized representative. Upon termination, responsibility for the new Traffic Control Signals and EVP Systems (Systems "B" and "C ") will be as follows: a) The County will, at its cost and expense: (1) relamp the traffic control signals; (2) paint the traffic control signals; and (3) clean the service cabinets and controllers; b) The City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the street lights; and (3) clean and paint the luminaire mast arm extensions; and c) The State will, at its cost and expense, maintain the EVP systems, maintain the interconnect and signing and perform all other traffic control signal and street light maintenance. In addition, all timing of the new Traffic Control Signals and EVP Systems (System "B" and "C ") will be determined by the State, and no changes may be made except with the approval of the State. 11. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. Minnesota Tort Claims Act, Minnesota Statutes • • Agreement No. 90500M Section 3.736, governs the State's liability. Minnesota Statutes Chapter 466 and other applicable law govern liability of the County and the City. Each party will be solely responsible for its own employees for any Workers' Compensation claims. 12. By signing this agreement, the County, the City and the State authorize each party to enter upon County, City and /or State public right of way to install and maintain the new (Systems "A ", "B, and "C ") and revised (System "D ") Traffic Control Signals and EVP Systems. 13. 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. 14. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 15. 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. 16. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, Agreement No. 90500M • must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. 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. 18. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project or State Aid Projects referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. 19. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Design Specialist, or his successor. His current address and phone number are 1500 County Road B2 West, Roseville, MN. 55113, (651)654 -2127. • • • Agreement No. 90500M 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 Blvd. NW, Andover, MN. 55304, (763)862 -4213. c. The City's Authorized Agent for the purpose of the administration of this Agreement is Daniel Tesch, City Administrator or his successor. His current address and phone number are 600 Town Center Parkway, Lino Lakes, MN. 55014, (651) 982 -2404. COUNTY OF ANOKA RECOMMENDED FOR APPROVAL: County Highway Engineer By: Chairperson of the Board Date: • • Agreement No. 90500M By: Title: Date: CITY OF LINO LAKES By: Mayor Date: • • Agreement No. 90500M By: Title: Date: Agreement No. 90500M • DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Metropolitan District Engineer COMMISSIONER OF ADMINISTRATION By: By: State Design Engineer Date: DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACT MANAGEMENT As to form and execution: By: Date: Contracts Administrator • • Date: