HomeMy WebLinkAbout#22 CSAH15-50th Street Signal -Approve Cooperative Agreements ADENDA ITEM STAFF REPORT
DATE: March 21, 2017
CONSENT
ITEM #: 22
AGENDA ITEM: CSAH 15/50th Street Traffic Signal and Pedestrian Improvements – Resolution
Approving Cooperative Agreements with Washington County for Design and
Construction and for Maintenance
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Agreements with
Washington County for Design and Construction and for Maintenance of the CSAH 15/50th Street Traffic
Signal and Pedestrian Improvements?
PROPOSAL DETAILS/ANALYSIS: In 2017, Washington County will install a new wood pole and span
wire traffic control signal system at the intersection of CSAH 15 and 50th Street North. A wood pole and
span wire signal system is recommended by the County to improve access to CSAH 15 through this area
of the corridor until this portion of the roadway is realigned and reconstructed into a 4-lane divided roadway.
The expansion of this corridor to a 4-lane divided roadway is not anticipated to occur for several years. At
the time of this expansion, the intersection will be re-reviewed for potential permanent traffic signal
installation as part of that future project.
A Signal Justification Report (SJR) dated January 23, 2017 was completed to evaluate the need to provide
traffic control at this intersection. Through this study the County concluded that the 50th Street North stop
condition is not the preferred long term intersection operational and safety solution. Currently the report
found that no traffic signal warrants are met, however the signal is deemed necessary to improve left turning
movements onto CSAH 15 from 50th Street, 55th Street, 53rd Street/Marquess Trail, and Linden
Trail/McDonald Drive due to the existing 18,000 to 23,000 vpd with high AM and PM peak hours.
Furthermore it is anticipated that traffic volumes will continue to increase such that MnMUTCD Signal
Wanant 1B (Interruption of Continuous Traffic), Warrant 2 (Four Hour Volumes), and Warrant 3 (Peak
Hour Volume) will be met over the next several years.
In accordance with the County Cost Participation Policy for Highway Improvement Projects, the County is
requesting City cost participation for these improvements in the amount of $60,133.00. This includes City
contribution for 1/3 of the construction costs, 1/3 of the County furnished material costs, and 1/3 of the
engineering design and construction administration costs.
The County has finalized the Signal Justification Report and the project design and has submitted the report
and plans to the Office of State Aid for review and approval. Once approved the County will advertise the
project and receive contractor bids with the intent of proceeding with the construction of the improvements
this summer. The Cooperative Agreement sets forth the provisions that authorizes the County to implement
the improvements including engineering design, construction administration, and testing, and retaining a
contractor for project construction. The Agreement also outlines the City’s obligations for cost participation
including payment terms and schedule. The costs are estimated for the purpose of the Cooperative
Agreement, however the actual cost participation by the City will be determined using the City’s share of
the actual project costs for each respective cost participation item.
The Cooperative Maintenance Agreement for the project assigns County/City ongoing ownership,
maintenance, and cost responsibilities. The County will own, operate and maintain the traffic control system
including the EVP system, master controller, responsibility for any physical damage, relamping, and
maintaining the control cabinet (except for painting). The County also maintains luminaires (overhead street
lights) but charges the City for luminaire replacement, and is the responsible party for Gopher State One
Call system locates. The City pays monthly electrical costs including cabinet/control equipment, streetlights
and electrical service, and is responsible for painting the traffic control system and streetlights. The City
may request painting work to be done by the County at City cost.
FISCAL IMPACT: Estimated by County at $60,133.00.
Washington County has estimated the City cost share in the amount of $60,133.00. The actual costs will be
assigned to the City based on actual incurred project costs and in accordance with the Cooperative
Agreement and County Cost participation Policy for Highway Improvement Projects.
RECOMMENDATION: Staff is recommending that the City Council approve Cooperative Agreement
10856 for the Design and Construction Costs, and approve Cooperative Maintenance Agreement 10780
with Washington County for the County State Aid Highway 15/50th Street North Traffic Signal and
Pedestrian Improvements. The recommended motion for the action is as follows:
“Move to approve Resolution No. 2017-025 approving Cooperative Agreement 10856 and Cooperative
Maintenance Agreement 10780 with Washington County for the CSAH 15/50th Street Traffic Signal
and Pedestrian Improvements.”
ATTACHMENTS:
1. Resolution No. 2017-025Approving Cooperative Agreement 10856 and Cooperative
Maintenance Agreement 10780.
2. Cooperative Agreement 10856.
3. Cooperative Agreement 10780.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-025
A RESOLUTION APPROVING COOPERATIVE AGREEMENT 10856
FOR DESIGN AND CONSTRUCTION COSTS AND COOPERATIVE
MAINTENANCE AGREEMENT 10780 WITH WASHINGTON COUNTY
FOR THE STILLWATER BOULEVARD AND 50TH STREET NORTH
TRAFFIC SIGNAL SYSTEM
WHEREAS, the County and the City desire to install a wood pole traffic signal system on County
State Aid Highway No. 15, also known as Stillwater Boulevard and formerly known as State Trunk
Highway No. 5, at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, items included in the project require City cost participation in accordance with
“Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”;
and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and/or State Aid for these improvements; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to
facilitate the construction of the improvements and to facilitate the ongoing maintenance of the Traffic
Signal System; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota
Statute 162.17 sub.1 and Minnesota Statute 471.59.
NOW, THEREFORE, BE IT RESOLVED,
1. That Cooperative Agreement 10856 and Cooperative Maintenance Agreement 10780 between the
City of Lake Elmo and Washington County are hereby approved and the Mayor and City
Administrator are hereby authorized execute the agreements on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF
MARCH, 2017.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
Page 1 of 5
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF LAKE ELMO AND WASHINGTON COUNTY
FOR THE DESIGN AND CONSTRUCTION COST OF
TRAFFIC SIGNAL AND PEDESTRIAN IMPROVEMENTS
AT COUNTY STATE AID HIGHWAY 15 AND 50TH STREET NORTH
THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after
referred to as the "City", and Washington County, a political subdivision of the State of Minnesota,
hereinafter referred to as the "County.”
WITNESSETH:
WHEREAS, the County and the City desire to install a traffic signal on County State Aid Highway No.
15 (Stillwater Blvd) at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, items included in the project require City cost participation in accordance with “Washington
County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and/or State Aid for these improvements; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
construction of these transportation improvements; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute
162.17 sub.1 and Minnesota Statute 471.59.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE
The purpose of this agreement is set forth in the above whereas clauses which are all
incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit
A (Location Map) and Exhibit B (Projected Cost and Cost Splits).
B. PLANS AND SPECIFICATION PREPARATION
1. The County shall be responsible for the preparation of all the plans and specifications for the
project, including but not limited to, compliance with all applicable standards and policies and
obtaining all approvals required in formulating the bid specifications for all County and City
components of this Project.
2. The following County project numbers have been assigned to the project: SAP 082-615-033
(CSAH 15).
C. ADVERTISEMENT AND AWARD OF CONTRACT
After plans and specifications have been approved by the County, all permits and approvals
obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise
for construction bids and at the sole discretion of the County award the contract to the lowest
responsible bidder.
WASHINGTON COUNTY
CONTRACT NO. 10856
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE – END OF PROJECT
Page 2 of 5
D. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
The County shall be responsible for the construction administration, inspection, and for the
observation and testing for all construction items.
E. COST PARTICIPATION ITEMS AND ESTIMATED COSTS
Items included in the project require City cost participation in accordance with “Washington
County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which
is incorporated into this agreement by reference. The City’s cost participation for this project is
broken down into three categories which are: 1.) Construction; 2) Design Engineering; and 3)
Construction Engineering/Contract Administration
1. Construction
Construction costs include the cost to construct the project, including but not limited to the
construction contract and County-furnished materials. The County has prepared a projection
cost and cost splits hereto attached as Exhibit B. The total project cost for construction is
estimated to be $190,113.80 as indicated in Exhibit B. The City shall pay to the County its share
of the total cost as shown in Exhibit B and summarized in Table 1. After the County has
awarded the construction contract, Exhibit B will be updated to reflect the actual contractor’s unit
prices.
2. Design Engineering
Design engineering costs include the cost for professional design engineering services, project
coordination, preparation of plans and specification, stake holder engagement, geotechnical
studies and other administrative functions necessary for the project. The estimated cost for
design engineering for the entire project is $16,000. The City shall pay 33.33 percent of the
final cost of design engineering for the entire project as summarized in Table 1.
3. Construction Engineering/Contract Administration
Construction Engineering/Contract Administration cost includes the cost of construction
observation, construction testing, construction administration, staking, conducting and recording
the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay
estimates, labor compliance, and other administrative functions necessary for the project. The
estimated cost for construction engineering/contract administration for the entire project is
$14,400. The City shall pay 33.33 percent of the final cost of construction engineering/contract
administration as summarized in Table 1.
Table 1
City of Lake Elmo Cost Summary
ITEM COST
Estimated Construction (including County-furnished materials) $50,000
Estimated Design Engineering $5333
Estimated Construction Engineering/Contract Administration $4800
TOTAL ESTIMATED COST $60,133
4. The costs attributable to the City and payable to the County in Table 1 are merely estimated
costs. Actual construction costs will be based on the contractor's unit prices and quantities, and
a reconciliation of actual costs to the estimated costs will be made pursuant to section F of this
agreement.
Page 3 of 5
F. PAYMENT
1. Construction
a. After the County has awarded the construction contract, Exhibit B will be updated to reflect
the actual contractor’s unit prices and will submit a copy of the revised summary to the City.
Upon receipt of the revised summary and invoice, the City shall pay Washington County an
amount equal to 10 percent of the City's estimated construction cost.
b. During construction the County shall submit to the City an estimated cost of the partial work
performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the
County its share of the cost of the partial work performed as determined in this Agreement.
c. Upon substantial completion of the work the County shall prepare a final cost participation
summary which will be based upon the contract unit prices and the actual units of work
performed and shall submit a copy of this summary to the City. The County shall submit to
the City a final reconciliation of costs, which will add or subtract contract amendments to the
City’s Project components, adjustments for liquidated damages pursuant to Section H, and
previous Project cost payments made by the City to the County. If the amount of the total of
the payments made by the City is less than the actual cost to the City of its portion of the
Project, the City agrees to pay the difference between the estimated amount paid by the City
and the actual cost of the City’s portion of the project.
2. Costs associated with design engineering, and construction engineering/contract administration
shall be invoiced by the County and paid by the City on a reimbursable basis.
3. In the event that the City paid more in advance than the actual cost of the City’s portion of the
project, the County shall refund without interest the amount to the City.
4. The City shall pay 100 percent of an invoice amount within 30 days of receipt.
G. CONTRACT CHANGES
1. Any modifications or additions to the final approved plans and/or specifications of the City’s
portion of the project shall be made part of the construction contract through a written
amendment to the construction contract, but only after concurrence by the City Engineer, and
the cost for such changes shall be appropriated as set forth in the County Cost Participation
Policy.
2. Any utility or facility which is subsequently modified or added to the final approved plans and/or
specifications shall become part of the construction contract and shall be paid for in accordance
with the Washington County Cost Participation Policy.
H. LIQUIDATED DAMAGES
Any liquidated damage assessed the contractor in connection with the work performed on the
project shall be shared by the City and the County in the following proportion: The respective
total share of construction work to the total construction cost without any deduction for liquidated
damages.
I. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy
on County-owned property.
J. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall
be part of any Agreement entered into by the parties with any contractor subcontractor, or
material suppliers.
Page 4 of 5
K. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the City and all other persons
employed by the City in the performance of construction and/or construction engineering work
or services required or provided for under this agreement 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 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 City employees while so engaged on any of the construction and/or construction
engineering work or services to be rendered herein shall in no way be the obligation or
responsibility of the County.
L. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be
required to pay by reason of any negligent act by the City, its agents, officers or employees
during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the parties that they
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for
the acts or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59, subd. 1a.
4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466
and other applicable law. The parties agree that liability under this Agreement is controlled by
Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
O. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in
the course of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state
rules adopted to implement the Act, as well as state statutes and federal regulations on data
privacy.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mayor Date
Board of Commissioners
Molly O’Rourke Date City Administrator Date
County Administrator
Page 5 of 5
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
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Estimated Costs and Quantities
CSAH 15 at 50th Street North
State Aid Project 082-615-033
Lake Elmo and Baytown Township, Minnesota
Prepared by JMG (SEH) on March 1, 2017
EST. QTY.EST. COST 082-615-033 QTY 082-615-033 COST CITY QTY CITY COST COUNTY QTY COUNTY COST
2021.501 MOBILIZATION LS $6,900.00 1 $6,900.00 0.67 $4,623.00 0.33 $2,277.00
2102.502 PAVEMENT MARKING REMOVAL LIN FT $10.00 40 $400.00 40 $400.00
2104.501 REMOVE CURB & GUTTER LIN FT $40.00 5 $200.00 5 $200.00
2104.503 REMOVE BITUMINOUS WALK SQ FT $5.00 120 $600.00 120 $600.00
2104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $4.00 135 $540.00 135 $540.00
2104.523 SALVAGE SIGN EACH $100.00 7 $700.00 3 $300.00 2 $200.00 2 $200.00
2104.603 REMOVE & REPLACE BITUMINOUS PAVEMENT LIN FT $50.00 135 $6,750.00 135 $6,750.00
2105.501 COMMON EXCAVATION CU YD $12.00 10 $120.00 10 $120.00
2211.501 AGGREGATE BASE CLASS 5 TON $25.00 3 $75.00 3 $75.00
2501.515 12" RC PIPE APRON EACH $800.00 1 $800.00 1 $800.00
2501.602 TRASH GUARD FOR 12" PIPE APRON EACH $400.00 1 $400.00 1 $400.00
2503.511 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $50.00 49 $2,450.00 49 $2,450.00
2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT $400.00 2.14 $856.00 2.14 $856.00
2506.516 CASTING ASSEMBLY EACH $800.00 1 $800.00 1 $800.00
2521.511 2.5" BITUMINOUS WALK SQ FT $8.00 234 $1,872.00 234 $1,872.00
2521.618 CONCRETE WALK SQ FT $10.00 188 $1,880.00 188 $1,880.00
2531.603 CONCRETE CURB & GUTTER LIN FT $40.00 135 $5,400.00 135 $5,400.00
2531.618 TRUNCATED DOMES SQ FT $60.00 48 $2,880.00 48 $2,880.00
2563.601 TRAFFIC CONTROL LS $5,000.00 1 $5,000.00 0.67 $3,350.00 0.33 $1,650.00
2563.602 TYPE III BARRICADE EACH $1,000.00 1 $1,000.00 1 $1,000.00
2564.531 SIGN PANELS TYPE C SQ FT $50.00 74 $3,700.00 54.2 $2,710.00 19.8 $990.00
2564.550 DELINEATOR EACH $200.00 4 $800.00 4 $800.00
2564.602 INSTALL SIGN EACH $150.00 3 $450.00 3 $450.00
2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIG SYS $96,000.00 1 $96,000.00 0.67 $64,320.00 0.33 $31,680.00
2573.530 STORM DRAIN INLET PROTECTION EACH $200.00 1 $200.00 1 $200.00
2573.533 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT $3.00 25 $75.00 25 $75.00
2574.508 FERTILIZER TYPE 3 LB $2.00 15 $30.00 15 $30.00
2574.525 COMMON TOPSOIL BORROW CU YD $30.00 30 $900.00 30 $900.00
2574.578 SOIL BED PREPARATION ACRE $1,000.00 0.06 $60.00 0.06 $60.00
2575.502 SEED MIXTURE 25-131 LB $3.00 15 $45.00 15 $45.00
2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SY $2.00 40 $80.00 40 $80.00
2575.560 HYDRAULIC MULCH MATRIX LB $1.50 150 $225.00 150 $225.00
2575.605 SEEDING ACRE $4,500.00 0.06 $270.00 0.06 $270.00
2582.502 24" SOLID LINE PREFORM THERMO GROUND IN LIN FT $10.00 70 $700.00 35 $350.00 35 $350.00
2582.503 CROSSWALK PREFORM THERMOPLASTIC GROUND IN SQ FT $10.00 240 $2,400.00 240 $2,400.00
SUBTOTAL OPINION OF PROBABLE COST =$145,558.00 $105,739.00 $39,619.00 $200.00
SUBTOTAL OPINION OF PROBABLE COST =$145,558.00
10% Contigency =$14,555.80
COUNTY ITEMS $30,000.00
TOTAL OPINION OF PROBABLE COST =$190,113.80
Item Number TOTALUNIT COSTUNITItem
Page 1 of 4
WASHINGTON COUNTY
CONTRACT NO. 10780
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM PERPETUAL
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF LAKE ELMO AND
THE COUNTY OF WASHINGTON
FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM
AT THE INTERSECTION OF STILLWATER BOULEVARD
AND 50th STREET NORTH
THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after
referred to as the "City", and Washington County, a political subdivision of the State of Minnesota,
hereinafter referred to as the "County”, shall consist of this agreement and Exhibit A.
WITNESSETH:
WHEREAS, the County intends to construct a wood pole traffic signal system on County State Aid
Highway No. 15, also known as Stillwater Boulevard and formerly known as State Trunk Highway No.
5, at its intersection with 50th Street North in the City of Lake Elmo; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
maintenance of the traffic signal system; and
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute
162.17 sub.1 and Minnesota Statute 471.59.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE
The purpose of this agreement is set forth in the above whereas clauses which are all incorporated
by reference as if fully set forth herein.
B. MAINTENANCE RESPONSIBILITIES
1. This agreement and all of its provisions shall apply only to the traffic control signal system to be
located on Stillwater Boulevard, formerly known as Minnesota Trunk Highway No. 5 and now
designated as County State Aid Highway No. 15, at its intersection with 50th Street North, said
intersection being located approximately 1200 feet east of the northwest corner of Section 7 of
Township 29 North, Range 20 West, as shown in Exhibit A.
2. The City shall, at its sole cost and expense, pay all monthly electrical service expenses
necessary to operate the traffic control signal system including all cabinet and control equipment
and integral streetlights, and including the cost of establishing and perpetuating a connection to
the electrical service grid and subsequent ongoing electrical service expenses.
3. The County shall, at the sole cost and expense of the City, maintain and keep in repair the
integral luminaires (overhead street lights) and all their components, including replacement of
the existing luminaires if necessary, except that the County shall maintain and keep in repair the
electrical connection to the luminaire heads at the sole cost and expense of the County.
4. The County owns the traffic control signal system and all of its components and shall, at its sole
cost and expense, operate, maintain and keep in repair the traffic control signal system
including but not limited to the relamping of vehicular and pedestrian traffic signal indications,
cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle
Preemption (EVP) system, attached signage, traffic signal interconnection and master
controller, and repair of any and all physical damage, except as set forth in the following section.
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5. The County considers paint to be an aesthetic component of the traffic signal system.
Therefore the City shall, at its sole cost and expense, clean and paint the traffic control signal
system and integral streetlights at the sole cost and expense of the City, having first obtained a
permit from the County which may place conditions on activities within the right-of-way.
Alternatively, the City may, at its discretion, request in writing that the County paint the traffic
control signal system and integral streetlights at the sole cost and expense of the City.
6. The County shall, at its sole cost and expense, be responsible for identification and location of
the underground components of the traffic control signal system as required by the Gopher
State One Call system.
7. Any EVP equipment currently installed on the signal covered by this agreement, including
optical detectors, control electronics, and confirmation lights shall become the property of
Washington County if not already so established, with no direct compensation made to the City
for said transfer.
8. 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 or EVP systems; however
nothing herein shall be construed as restraint of prompt, prudent action by properly constituted
authorities in situations where part of such traffic control signal systems may be directly involved
in an emergency.
9. The EVP systems provided for in this agreement shall be installed, operated, maintained,
upgraded, or removed in accordance with the following conditions and requirements:
a. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. The City will,
provide the County Engineer or his duly appointed representative a list of all such
vehicles with emitter units upon request.
b. Malfunctions of the EVP systems shall be reported to the County immediately.
c. Only in the event said EVP systems or components are, in the opinion of the County,
being misused or the terms set forth herein are violated, and such misuse or violation
continues after receipt by the City of written notice thereof from the County, the County
may remove, modify, restrict, or deactivate the EVP systems. Upon removal of the EVP
systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers,
infrared detector heads, and indicator lamps and all other components shall become the
property of the County.
d. All timing of said EVP systems shall be determined by the County.
C. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall be
part of any Agreement entered into by the parties with any contractor subcontractor, or material
suppliers.
D. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the County and all other persons
employed by the County in the performance of construction and/or construction engineering work or
services required or provided for under this agreement shall not be considered employees of the
City and that any and all claims that may or might arise under the Worker's 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 County employees
while so engaged on any of the construction and/or construction engineering work or services to be
rendered herein shall in no way be the obligation or responsibility of the City.
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E. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be
required to pay by reason of any negligent act by the City, its agents, officers or employees
during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the parties that they
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for
the acts or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59, subd. 1a.
4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466
and other applicable law. The parties agree that liability under this Agreement is controlled by
Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
G. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the
course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota
Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted
to implement the Act, as well as state statutes and federal regulations on data privacy.
F. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy on
County-owned property.
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IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mayor Date
Board of Commissioners
Molly O’Rourke Date City Administrator Date
County Administrator
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
R:\TRAFFIC\Traffic Signals\Agreements\Lake Elmo\CSAH 15 at 50th Signal Maint 2017.doc