HomeMy WebLinkAbout#11 - Traffic Signal Maintenance Agreement STAFF REPORT
DATE: July 7, 2020
CONSENT
AGENDA ITEM: Approve the Cooperative Signal Maintenance Agreement for the CSAH
13 (Inwood Avenue) – 5th Street North Traffic Signal Improvements
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 Signal
Agreement with Washington County for the Traffic Signal Improvements at the CSAH 13 (Inwood
Avenue) and 5th Street North intersection?
BACKGROUND: Washington County intends to construct a permanent traffic signal system on County
State Aid Highway No. 13 (Inwood Avenue) and its intersection with 5th Street North in the City of Lake
Elmo. The project improvements are currently in design with the intention of constructing the
improvements in 2020.
PROPOSAL DETAILS/ANALYSIS: To address the ongoing operation and maintenance of the new
traffic signal, Washington County has prepared a Cooperative Signal Maintenance Agreement to outline
the respective traffic signal ownership and maintenance responsibilities between the City of Lake Elmo and
Washington County.
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 and for the cost to maintain and repair the integral luminaires.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, a resolution approving a Cooperative Signal Maintenance Agreement with Washington County
for the traffic signal maintenance at the CSAH 13 (Inwood Avenue) and 5th Street North intersection. If
removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Resolution No. 2020-073 approving Cooperative Signal Maintenance Agreement
with Washington County for the Traffic Signal Maintenance at the CSAH 13 (Inwood Avenue) and
5th Street North intersection”.
ATTACHMENTS:
1. Resolution Approving Cooperative Signal Maintenance Agreement with Washington County.
2. Cooperative Signal Maintenance Agreement.
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2020-073
A RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH
WASHINGTON COUNTY FOR THE TRAFFIC SIGNAL SYSTEM
MAINTENANCE AT THE INTERSECTION OF COUNTY STATE AID
HIGHWAY 13 (INWOOD AVENUE) AND 5TH STREET NORTH
WHEREAS, the County intends to construct a permanent traffic signal system on County State
Aid Highway No. 13, also known as Inwood Avenue North, at its intersection with 5th Street North in the
City of Lake Elmo along its municipal boundary; 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 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 SEVENTH DAY OF JULY, 2020.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
Page 1 of 4
CONTRACT NO. ????
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 INWOOD AVENUE NORTH
AND 5th 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 permanent traffic signal system on County State Aid
Highway No. 13, also known as Inwood Avenue North, at its intersection with 5th Street North in the City
of Lake Elmo along its municipal boundary; 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 Inwood Avenue North, designated as County State Aid Highway No. 13, at its
intersection with 5th Street North, said intersection being located approximately 1730 feet south
of the northwest corner of the northeast quarter of Section 33 of Township 29 North, Range 21
West, as shown in Exhibit A.
2. 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 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
sections.
3. 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.
4. 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
Page 2 of 4
electrical connection to the luminaire heads at the sole cost and expense of the County.
5. The County considers paint to be an aesthetic component of the traffic signal system. The
County and City have agreed that this system shall be constructed as a galvanized structure
without paint.
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.
Page 3 of 4
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
County Administrator Date City Administrator Date
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
R:\TRAFFIC\Traffic Signals\Agreements\Lake Elmo\CSAH 13 at 5th Signal Maint 2020.doc