HomeMy WebLinkAbout#09 - Signal Maintenance Agreement CSAH 19-Hudson Blvd. STAFF REPORT
DATE: July 2, 2019
CONSENT
AGENDA ITEM: Approve the Signal Maintenance Cooperative Agreement for the CSAH
19 - Hudson Boulevard Intersection with Washington County
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Marty Powers, Public Works Director
Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Maintenance Agreement
with Washington County for the Traffic Signal Maintenance at the CSAH 19 (Keats Avenue) and Hudson
Boulevard Intersection?
BACKGROUND: On June 4, 2019 the City of Lake Elmo awarded a construction contact for the CSAH-
19 and Hudson Boulevard Intersection Improvements. The improvements include the installation of a traffic
signal at CSAH-19 and Hudson Boulevard with dedicated left and right turn lanes constructed along each
of the Hudson Boulevard approaches.
PROPOSAL DETAILS/ANALYSIS: To address the ongoing operation and maintenance of the new
traffic signal, Washington County has prepared Cooperative Maintenance Agreement No. 12602 to outline
the respective traffic signal ownership and maintenance responsibilities between the City of Lake Elmo and
Washington County.
Attached to this report is a summary of the before and after intersection maintenance responsibilities,
showing the City’s responsibilities under MnDOT ownership and the proposed City responsibilities under
County ownership.
FISCAL IMPACT: No cost estimates have been developed for the ongoing maintenance and replacement
costs for the traffic signal. Under the agreement the City is responsible for the electrical costs to power the
signal.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, a Resolution approving a Cooperative Maintenance Agreement with Washington County for the
Traffic Signal Maintenance at the CSAH 19 (Keats Avenue) and Hudson Boulevard Intersection. If
removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Resolution No. 2019-044 approving Cooperative Maintenance Agreement No. 12602
with Washington County for the Traffic Signal Maintenance at the CSAH 19 (Keats Avenue) and
Hudson Boulevard Intersection”.
ATTACHMENTS:
1. Resolution Approving Cooperative Maintenance Agreement No. 12602 with Washington County.
2. Cooperative Maintenance Agreement No. 12602.
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019-044
A RESOLUTION APPROVING COOPERATIVE AGREEMENT NO. 12602
WITH WASHINGTON COUNTY FOR THE TRAFFIC SIGNAL SYSTEM
MAINTENANCE AT THE INTERSECTION OF COUNTY STATE AID
HIGHWAY 19 (KEATS AVENUE) AND HUDSON BOULEVARD
WHEREAS, the City of Lake Elmo and Washington County intend to construct a new steel-pole
traffic signal system on CSAH 19 (Keats Avenue North) at its intersection with Hudson Boulevard 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, BE IT RESOLVED,
1. That Cooperative Maintenance Agreement No. 12602 between the City of Lake Elmo and
Washington County are hereby approved and the Mayor and City Administrator are hereby
authorized execute these agreements on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF JULY, 2019.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
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WASHINGTON COUNTY
CONTRACT NO.
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE – PERPETUITY
COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE
ELMO AND WASHINGTON COUNTY FOR MAINTENANCE OF
THE TRAFFIC SIGNAL SYSTEM
AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY
(CSAH) 19 (KEATS AVE NORTH) AND HUDSON BOULEVARD
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 City intends to construct a new steel-pole traffic signal system on CSAH 19 (Keats
Avenue North) at its intersection with Hudson Boulevard 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 CSAH 19, at its intersection with Hudson Boulevard North, 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 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 shall own 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 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 sig nal interconnection and master
controller, and repair of any and all physical damage, except as set forth in the following section.
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
Page 2 of 3
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 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.
Page 3 of 3
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).
F. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through special
assessment of County property on County-owned property.
G. DATA PRACTICES
All data collected, created, received, maintained, 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
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date