HomeMy WebLinkAboutResolution 7828 RESOLUTION 7828
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING AN AGREEMENT WITH RAMSEY COUNTY AND NEW BRIGHTON
FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AT THE
INTERSECTION OF SILVER LAKE ROAD AND COUNTY ROAD H
WHEREAS, in response to public safety and service, a traffic control signal and
emergency vehicle pre-emption (EVP) system installation was proposed at the
intersection of Silver Lake Road and County Road H; and
WHEREAS, the cities of Mounds View and New Brighton have jointly pursued
the signal installation since March 2004; and
WHEREAS, Ramsey County performed a traffic study that justified the traffic
control signal in October 2004 and placed the project in the Transportation Improvement
Program; and
WHEREAS, the cities of Mounds View and New Brighton acquired easements
from private property owners required for the project during 2009 and 2010; and
WHEREAS, Ramsey County prepared bidding documents and construction for
the project was completed during 2011; and
WHEREAS, an agreement was been prepared between Ramsey County and the
cities of Mound View and New Brighton for joint maintenance of the recently constructed
traffic control signals and EVP system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The attached agreement for maintenance of traffic control signals and EVP system
is hereby approved.
2. The Mayor and City Administrator are hereby authorized and directed, for and on
behalf of the City, to execute and enter into the said agreement.
Adopted this 12th day of September, 2011.
Joe Flaherty, Mayer
ATTEST:
James Ericson, City Administrator
(SEAL)
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AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM
AGREEMENT NO.PW2008-24
THIS AGREEMENT is, between the County of Ramsey, ("County"), the City of New
Brighton ("New Brighton") and the City of Mounds View ("Mounds View"), for the
maintenance of a traffic control signal system with streetlights, signs and emergency vehicle pre-
emption at the intersection of Silver Lake Road (CSAH 44) and County Road H (CR 88, CSAH
9);
WHEREAS, Ramsey County,New Brighton and Mounds View have determined that there
is justification and it is in the public's best interest to construct a traffic control signal with
streetlights at Silver Lake Road(CSAH 44)and County Road H(CR 88,CSAH 9);
WHEREAS, New Brighton and Mounds View request and Ramsey County agrees to
provide an Emergency Vehicle Pre-emption System,hereinafter referred to as the "EVP System"
as a part of said traffic-control signals with street lights in accordance with the terms and
conditions hereinafter set forth;and
WHEREAS, Ramsey County will be responsible for construction of the traffic control
signals with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and
WHEREAS, Ramsey County and New Brighton and Mounds View will participate in the
maintenance and operation of said traffic control signals with street lights, signs and EVP system
as hereinafter set forth; and
WHEREAS, right-of way acquisition is required prior to the installation of said traffic
control signal
NOW,THEREFORE,IT IS AGREED:
1. The County shall install or cause the installation of said traffic control signal with
streetlights signs and EVP system in accordance with the plans and specifications for Silver Lake
Road and County Road H at its cost and expense.
2. The County shall install or cause the installation of an adequate electric power supply to
the service pad including any necessary extensions of power lines at Silver Lake Road and
County Road H.
3. Upon completion of the traffic control signals, streetlights, signs, and EVP system,
necessary electrical power for their operation shall be at the cost and expense of the County. In
accordance with the Policy for lighting Ramsey County Roadways, Ramsey County Board
Resolution 78-1394; the County shall perform street light maintenance and pay energy costs of
the integral streetlights.
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4. The County shall maintain and keep in repair all signs associated with the traffic signal at
its cost and expense.
5. The County shall maintain and keep in repair the traffic control signal including
relarnping and cleaning at its cost and expense. New Brighton and Mounds View will be
responsible for painting the traffic control signal at their cost and expense. New Brighton will
inspect and paint the signal as needed and submit an invoice for 50% of the cost thereof to
Mounds View,which shall promptly pay New Brighton the amount due.
6. The County shall maintain and keep in repair the geometrics on County owned roadways
at its cost and expense.
7. Mounds View at its own expense, shall acquire permanent easement as indicated in
Exhibit"A"attached hereto. New Brighton at its own expense shall acquire permanent easement
as indicated in Exhibit "B" attached hereto. All acquisition shall be made in the name of the
County.
8. All timing and related adjustments of the traffic control signal shall be determined by the
County through its Traffic Engineer, and no changes shall be made to these adjustments without
the approval of the County.
9. The EVP system shall be operated, maintained, revised or removed in accordance with
the following conditions and requirements:
a) All modifications, revisions and maintenance of the EVP System considered
necessary or desirable for any reason, shall be done by the County's forces, or, upon j.
concurrence in writing by the County's Traffic Engineer,may be done by others all at
the cost and expense as defined in 9d below.
b) Emitter units may be installed and used only on vehicles responding to an emergency
as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c) Each respective party shall maintain and require others using the EVP System to
maintain a log showing the date, time and type of emergency for each time the traffic
signal covered hereby is actuated and controlled by the EVP System. Malfunction of
the EVP System shall be reported to the County immediately.
d) All maintenance of the EVP System shall be performed by the County. New Brighton
and Mounds View shall be responsible for actual cost thereof. The County shall
submit an invoice to New Brighton and Mounds View annually, listing all labor,
equipment, materials and overhead used to maintain the EVP System and New
Brighton and Mounds View shall each be invoiced 50 percent of the cost. Labor cost
and overhead and equipment costs will be at the established rates paid by Ramsey
County at the time the work is performed, and material costs will be invoiced at the
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actual cost thereof to Ramsey County. New Brighton and Mounds View shall
promptly pay Ramsey County the full amount due.
e) All timing of said EVP System shall be determined by the County,through its Traffic
Engineer.
f) Except for the negligent acts of the County, its agents, and employees,New Brighton
and Mounds View shall indemnify, defend, and hold the County harmless against any
and all liability, losses, costs, damages, expenses, claims, or actions, including
attorney's fees, which the County, its officials, agents, or employees may hereafter
sustain, incur, or be required to pay,arising out of or by reason of the use or operation
of the EVP. Nothing in this Agreement shall constitute a waiver by New Brighton or
Mounds View or the County of any statutory or common law immunities, limits, or
exceptions on liability.
10. All notices or demands given or required to be given hereunder shall be in writing and
shall be sent by certified or registered mail,return receipt requested,postage prepaid,
addressed to the intended recipient's address or addresses below set forth or at such other
address or addresses as the intended recipient may have theretofore specified in a written
notice to sender given in accordance with the requirements of this paragraph. Any such
notice so given shall be deemed given on the day of deposit in the United States mail,and if
sent as aforesaid shall be effective whether or not received by the addressee.
For City of Mounds View: For City of New Brighton:
Public Works Director Public Works Director
City of Mounds View City of New Brighton
2401 Highway 10 803 Old Highway 8
Mounds View, MN 55112 New Brighton,MN 55112
For Ramsey County:
Public Works Director and County Engineer
Ramsey County Department of Public Works
1425 Paul Kirkwold Dr,
Arden Hills,MN 55112
11. Any and all persons engaged in the maintenance work performed by the County shall not
be considered employees of New Brighton or Mounds View, and any and all claims that may
arise under the Worker's Compensation Act of this State on behalf of those employees so
engaged, and any and all claims made by any third party as a consequence of any negligent act or
omission on the part of those employees so engaged on any of the work contemplated herein
shall not be the obligation and responsibility of New Brighton or Mounds View.
12. New Brighton,Mounds View and the County shall indemnify, defend and hold each other
harmless against any and all liability,losses,costs,damages,expenses,claims,or actions,
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including attorney's fees,which the indemnified party,its officials,agents,or employees may
hereafter sustain,incur,or be required to pay, arising out of or by reason of any act or omission
of the indemnifying party, its officials,agents or employees, in the execution,performance, or
failure to adequately perform the indemnifying party's obligation pursuant to this Agreement.
Nothing in this Agreement shall constitute a waiver by the County,New Brighton or Mounds
View of any statutory or common law immunities,limits, or exceptions on liability.
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IN WITNESS WHEREOF,the parties have hereunto affixed their signatures.
CITY OF NEW BRIGHTON, MINNESOTA
In presence of By:
Its:
By:
Its:
Date:
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CITY OF MOUNDS VIEW,MINNESOTA
In presence of By:
Its:
By:
Its:
Date:
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RAMSEY COUNTY
Julie Kleinschmidt,County Manager
Date:
Approval recommended:
James Tolaas,Public Works Director and
County Engineer
Approved as to form:
Assistant County Attorney
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