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Home My WebLink About2012-06-20 PACKET 04.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/20112 r * 1400 PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the traffic control signal maintenance agreement between Washington County and the City of Cottage Grove for maintenance of traffic control signals. STAFF RECOMMENDATION Approve the traffic control signal maintenance agreement between Washington County and the City of Cottage Grove for maintenance of traffic control signals. BUDGET IMPLICATION BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Jennifer Levitt, June 13, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Traffic Control Signal Maintenance Agreement j ADMINISTRATORS COMMENTS l - ity Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H: \COUNCIL FORMS\COUNCIL 2012 \Council 6 -20 -12 \Council Action Form signal agreement with wash cnty.doc City of Cotta Grove Minnesota To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer Levitt, City Engineer Date: June 13, 2012 Subject: Approve Signal Agreement with Washington County Background /Discussion The City has agreements with agencies (Washington County and MnDOT) for traffic signal maintenance for signals that are owned by the road jurisdiction, but maintained by the City. The enclosed agreement is for the traffic signal located at 70 Street and Hardwood Avenue. The City and County already have an existing traffic signal agreement for this intersection which was entered into upon installation of the signal. The City has a standard for all of its signals to install battery backups to provide for a flashing red ball even if power is lost to the signal. So the signal head is never dark. The City requested a battery backup be installed at the 70 and Hardwood intersection, since a dark signal at this intersection could produce an unsafe condition. Battery backup signals are a component that would fall under a maintenance activity, so the agreement needed to be modified to allow a battery backup system to be installed. The following language is the change that is made to the agreement: 5. The City shall, at its sole cost and expense, maintain and keep in repair any battery backup systems and all their components, including replacement of batteries. If a malfunction of the battery backup system causes damage to County equipment or interferes with the safe and normal operation of the County traffic signal system, the City shall be responsible for the costs of disconnecting the battery backup system and making repairs to the damaged equipment. However, the City shall have no responsibility under the preceding sentence unless the County establishes, via certification of a Licensed Electrician acceptable to the City, that the battery backup system malfunctioned and that the malfunction caused the damage that the County seeks to have repaired. Upon execution of this agreement by both parties, the City will install a battery backup for this signal. The enclosed agreement has been reviewed and approved by the City Attorney. Recommendation Approve the traffic control signal maintenance agreement between Washington County and the City of Cottage Grove for maintenance of traffic control signals. WASHINGTON COUNTY CONTRACT NO. DEPT. Public Works DIVISION Transa0rtatlen TERM Sionature- Pemetual TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF WASHINGTON AND THE CITY OF COTTAGE GROVE FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AT VARIOUS LOCATIONS IN THE CITY OF COTTAGE GROVE THIS AGREEMENT made and entered into by and between the County of Washington, a political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the City of Cottage Grove, Minnesota, a municipal corporation, hereinafter referred to as the "City "; WHEREAS, traffic control signals have been installed pursuant to prior agreements between the County and the City at various locations within the City of Cottage Grove, and; WHEREAS, the County and City seek to improve the consistency of maintenance responsibilities established by prior agreements for signalized intersections on County highways and County State Aid Highways (CSAH) throughout the City of Cottage Grove as specified in this agreement, and; WHEREAS, the County and City will share in the maintenance costs of the traffic control signal systems as hereinafter set forth; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. This agreement shall apply to the following signalized intersections in the City of Cottage Grove set forth in the list attached hereto and incorporated herein as Exhibit A. 2. This agreement shall supersede any and all prior agreements between the City and the County related to the maintenance of the traffic control signals at the intersections listed above. 1 The City shall, at its sole cost and expense, pay all monthly electrical service expenses necessary to operate the traffic control signal systems and integral streetlights, including both the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses. 4. The City shall, at its sole cost and expense, maintain and keep in repair the luminaires (overhead street lights) and all their components, including replacement of the luminaire 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. 5. The City shall, at its sole cost and expense, maintain and keep in repair any battery backup systems and all their components, including replacement of batteries. If a malfunction of the battery backup system causes damage to County equipment or interferes with the safe and normal operation of the County traffic signal system, the City shall be responsible for the costs of disconnecting the battery backup system and making repairs to the damaged equipment. However, the City shall have no responsibility under the preceding sentence unless the County establishes, via certification of a Licensed Electrician acceptable to the City, that the battery backup system malfunctioned and that the malfunction caused the damage that the County seeks to have repaired. 6. The County shall, at its sole cost and expense, maintain and keep in repair the traffic control Page 1 of 4 signal systems including relamping of traffic control indications, cleaning and maintenance of the control cabinet and its internal components, maintenance of the Emergency Vehicle Preemption (EVP) system, and repair of physical damage, except that the County shall clean and paint the traffic control signal systems at the sole cost and expense of the City. 7. All EVP equipment currently installed on the signals covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of Washington County, with no direct compensation made to the City. 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 systems 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 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 169.01, subd. 5 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. In the event said EVP systems or components are, in the opinion of the County, being misued or the conditions 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. 10. Any and all persons engaged in the aforesaid work to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workmen's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The County shall not be responsible under the Workmen's Compensation Act for any employees of the City. 11. The parties hereby declare that the activities under this agreement are a single joint enterprise for the purposes of Minn. State 471.59 subd. 1 a.; and, under this agreement, for purposes of determining total liability for damages, the Parties shall be considered a single government unit as specified in Minn. Stat 466.04 Subd. I. Moreover, each party affirmatively states that it shall only be liable for the acts and omissions of its officers or employees and not for the acts or omissions of the employees or officers of the other. Page 2 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY Dennis Hegberg Board of Commissioners CITY OF COTTAGE GROVE Date Mayor Date Molly O'Rourke County Administrator Approved as to form: Assistant County Attorney Date City Administrator Approved as to form: Date City Attorney Recommended for approval: Date Date City Engineer Page 3 of 4 Date EXHIBIT A City of Cottage Grove — County -Owned Signalized Intersections a. 70" St S (CSAH 22) at Hardwood Ave [End of List] Page 4 of 4