Loading...
HomeMy WebLinkAbout2012-07-18 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/18/12 s + PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the traffic control signal agreement 00587 -R between the State of Minnesota, Department of Transportation, the County of Washington and the City of Cottage Grove. STAFF RECOMMENDATION Approve the traffic control signal agreement 00587 -R between the State of Minnesota, Department of Transportation, the County of Washington and the City of Cottage Grove. BUDGET IMPLICATION BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED El El El SUPPORTING DOCUMENTS ® MEMO /LETTER: Jennifer Levitt, July 12, 2012 ®. RESOLUTION: ❑ ORDINANCE: ACTUAL AMOUNT APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Minnesota Transportation Department Traffic Control Signal Agreement 00587 -R ADMINISTRATORS COMMENTS '` c. 2L A City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER WCOUNCIL FORMS \COUNCIL 2012\Council 7 -18 -12 \Council Action Form approve traffic signal agreement state & wash cnty.doc RESOLUTION NO. 2012- RESOLUTION APPROVING THE TRAFFIC CONTROL SIGNAL AGREEMENT 00587 -R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, THE COUNTY OF WASHINGTON AND THE CITY OF COTTAGE GROVE. WHEREAS, the City has agreements with agencies (Washington County and MnDOT) for traffic signal maintenance for signals owned by the road jurisdiction, but maintained by the City, and WHEREAS, the City has a standard for all signals to install battery backups to provide for a flashing red ball even if power is lost to the signal, and WHEREAS, the MNDot Agreement No. 00587 -R allows the installed Emergency Battery Back -up for the existing Traffic Control Signals on County State Aid Highway No. 39 at Grange Boulevard /Hadley Avenue; and on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard)and on Trunk Highway No. 61 East Ramps, at 80 Street; and Provide Maintenance and Electrical Energy for the existing Traffic Control Signals with Signal Pole Mounted Luminaires, Emergency Vehicle Pre- emption, Interconnect, and Signing on County State Aid Highway No. 39 Grange Boulevard /Hadley Avenue; and on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard)and on Trunk Highway No. 61 East Ramps, at 80 Street, within corporate city limits, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, to execute the agreement and any amendments to the agreement for the traffic control signal Agreement 00587 -R between the State of Minnesota, Department of Transportation, the County of Washington and the City of Cottage Grove. Passed this 18th day of July, 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk City of Cotta Grove Minnesota To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer Levitt, City Engineer Date: July 12, 2012 Subject: Approve Traffic Control Signal Agreement No. 00587 -R with the MnDOT and 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 signals located at Grange Boulevard and Hadley Avenue, TH 61 East Ramp at 80 Street, and TH 61 West Ramp at 80 Street. The City, County and State already have an existing traffic signal agreement for these intersections that was originally approved in 1985. 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 three intersections, since a dark signal at these intersections 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. Upon execution of this agreement by all parties, the City will install a battery backup for these signals. The enclosed agreement has been reviewed and approved by the City Attorney. Recommendation Approve the traffic control signal agreement 00587 -R between the State of Minnesota, Department of Transportation, the County of Washington and the City of Cottage Grove. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 00587 -R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF WASHINGTON AND THE CITY OF COTTAGE GROVE TO Install Emergency Battery Back -up for the existing Traffic Control Signals on County State Aid Highway No. 39 at Grange Boulevard /Hadley Avenue; and on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard)and on Trunk Highway No. 61 East Ramps, at 80 th Street; and Provide Maintenance and Electrical Energy for the existing Traffic Control Signals with Signal Pole Mounted Luminaires, Emergency Vehicle Pre- emption, Interconnect, and Signing on County State Aid Highway No. 39 Grange Boulevard /Hadley Avenue; and on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard)and on Trunk Highway No. 61 East Ramps, at 80 th Street, in Cottage Grove, Washington County, Minnesota. C.S. 8205 System I.D.'s 21005, 21006, and 21009 Prepared by Metropolitan District Traffic Enaineerin ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered n7\ nM7UO THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the County of Washington, (County), and the City of Cottage Grove, (City). k.2.vAM1.&.1U1WQ Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties have determined that there is justification and it is in the public's interest to install emergency battery back -up systems (Battery Back - up)for the existing traffic control signals on County State Aid Highway No. 39 at Grange Boulevard /Hadley Avenue (System "A "); on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard) (System "B "); and on Trunk Highway No. 61 East Ramps, at 80 Street (System "C "); and provide maintenance and electrical energy for the existing traffic control signals including signal pole mounted luminaires, emergency vehicle pre - emption, interconnect, and signing on County State Aid Highway No. 39 at Grange Boulevard /Hadley Avenue (System "A "); on Trunk Highway No. 61 West Ramps, at County State Aid Highway No. 39 (Grange Boulevard) (System "B "); and on Trunk Highway 00587 -R -1- No. 61 East Ramps, at 80 Street (System "C ") (Traffic Control Signals). Emergency Vehicle Pre- emption Systems, (EVP Systems), have previously been installed as a part of the existing Traffic Control Signal Systems. It is in the public's best interest for the City to furnish three (3) new auxiliary cabinets including emergency battery back -up equipment (City- furnished Materials) for the existing Traffic Control Signals. The County, the City, and the State will participate in the cost, maintenance, and operation of the Traffic Control Signals, EVP Systems, and Battery Back -up. rnmTRnrT 1. The City, with its own resources or by contract, will install a new auxiliary cabinet including emergency battery back -up equipment upon each existing traffic control service cabinet at the locations set out in this Agreement. Clint McCullough is the State's representative and can be reached at: Cell -(651) 775 -3691, Office -(651) 366 -5745. Mr. McCullough shall be notified upon project start -up. Each mounting shall be securely fastened to ensure a permanent, stable, and watertight attachment to the existing traffic control service cabinet. Each mounting and installation shall not interfere with servicing the 00587 -R -2- internal components of the existing traffic control service cabinet and shall meet or exceed current local jurisdiction and National Electrical Code requirements. Each auxiliary Battery Back -up cabinet shall have a weather resistant sticker placed on the exterior in plain sight showing an emergency contact phone number. The cost for the installation of the Battery Back -up shall be 100 percent City cost. 2. The City (for Systems "A ", "B ", and "C "), will continue to pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signals and EVP Systems. 3. Upon the completion of this project (for System "A "), it shall be the City's responsibility, at its cost and expense to (a) maintain the signal pole mounted luminaires and all their components, including replacement of the luminaire and lamp if necessary; (b) relamp the traffic control signal; (c) clean and paint the existing traffic control signal and luminaire mast arm extensions; and (d) clean the controller and service cabinets. The State shall maintain the traffic signal cabinet on a 100 percent reimbursable basis with the County. The State shall be responsible for all timing and operation of the traffic signal and shall defend, indemnify, save and hold harmless the County and all of its agent and employees of and from any claims, demands, actions or causes of actions of whatsoever nature or 00587 -R -3- character arising out of or by reason of the performance or nonperformance of the State's obligation to operate the traffic control signal including timing, and maintain the traffic signal cabinet under this paragraph. It shall be the County's responsibility, at its cost and expense to perform all other traffic control signal and signal pole mounted luminaire circuit maintenance. 4. It shall continue to be the State's responsibility to maintain the Master Coordination cabinet, at a shared reimbursable maintenance cost of 33 1/3 percent County and 66 2/3 percent State. 5. Upon the completion of this project (for Systems "B" and "C "), the responsibilities for the existing Traffic Control Signals are as follows: a) The City will, at its cost and expense; (1) maintain the signal pole mounted luminaires and all their components, including replacement of the luminaire and lamp if necessary; (2) clean and paint the existing traffic control signals and luminaire mast arm extensions; painting will be in accordance with Mn /DOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer; (3) replace the signal system L.E.D. indications; and (4) clean the controller and service cabinets; and c) The State will, at its cost and expense, maintain the signing and interconnect (from System "B" to System "C ") and 00587 -R -4- perform all other traffic control signal and signal pole luminaire circuit maintenance. 6. Upon the completion of this project (for Systems "A ", "B ", and "C "), the City will perform all Battery Back -up maintenance, including replacement and disposal of all Battery Back- up components and batteries, all at its cost and expense. 7. If, for Systems "B" and "C ", a malfunction of the battery backup system causes damage to State equipment or interferes with the safe and normal operation of Systems "B" and "C ", 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 State establishes, via certification of a Licensed Electrician acceptable to the State, that the battery backup system malfunctioned and that the malfunction caused the damage that the State seeks to have repaired. 8. The existing EVP Systems, will be operated, maintained, or removed in accordance with the following conditions and requirements: a) It shall be the County's responsibility (for System "A "), at its cost and expense, to maintain the existing EVP System which is to 00587 -R -5- be performed by the State on a reimbursable basis. b) It shall be the State's responsibility (for Systems "B" and "C "), at its cost and expense, to maintain the existing EVP Systems. c) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City and County will provide the State's Metropolitan District Engineer or his /her designated representative a list of all vehicles with emitter units, upon request. d) Malfunction of the EVP Systems must be reported to the State immediately. e) In the event the EVP System for System "A" or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City and County receives written notice from 00587 -R -6- the State, the State may remove the EVP System. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the County. f) In the event the EVP Systems for System "B" and System "C" or their components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City and County receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP Systems pursuant to this Paragraph, all of their parts and components become the property of the State. e) All timing of the EVP Systems will be determined by the State's Traffic Engineer. 9. All timing of the existing Traffic Control Signals (Systems "A ", "B ", and "C "), will be determined by the State's Traffic Engineer. 10. The State will, for System "A ", provide the necessary labor, material and equipment to operate, maintain and keep in repair the traffic signal cabinet, including timing, not 00587 -R -7- performed by the County or City, all on a reimbursable basis with the County. Also, the State will, for System "A ", provide the necessary labor, material and equipment to operate, maintain and keep in repair the Master Coordination cabinet at a shared reimbursable maintenance cost of 33 1/3 percent County and 66 2/3 percent State. 11. Upon completion of any work performed under this agreement, the State will submit to the County a detailed invoice listing all labor, equipment and materials used. The County will reimburse the State for services provided hereunder as follows: a) Direct labor charges will be reimbursed at the actual hourly rates paid to State forces performing the work. b) Fringe benefits will be reimbursed as a percentage of direct labor charges, such percentage to be determined by the State Accounting and Finance Section at the beginning of each State fiscal year from the current cost accounting data. c) Overhead costs will be reimbursed as a percentage of the total of direct labor charges, fringe benefits and the cost of any materials, equipment and personal expense 00587 -R -8- provided, such percentage to be determined by the State Finance and Accounting Section at the beginning of each State fiscal year from the current cost accounting data. d) Any material used will be reimbursed at their actual cost to the State. 12. Upon receipt of said invoice, the County will promptly pay the State the full amount due. If the County fails to pay any amount due to the State under this agreement, the Commissioner of Transportation may withhold payment of State Aid money to the County to the extent provided by Minnesota Statutes, Section 161.38, Subdivision 6. 13. Any party may terminate the terms and conditions covering maintenance and operation contained in Paragraphs 3, 4, 5, 6, 8, 9, and 10 upon providing 30 days notice to the other parties. The City's termination must be accomplished by a resolution of the City Council. The County's termination must be accomplished by a resolution of the County Board. The State's termination must be accomplished by a letter from Mn /DOT's Metropolitan District Engineer or his /her duly authorized representative. Upon termination (for System "A "), the City and the County will, at their cost and expense; provide maintenance, operation, timing and electrical energy for the existing Traffic Control Signal, EVP System, Battery Back -up and Interconnect 00587 -R -9- (from System "A" to System "B "). Upon termination (for Systems "B" and "C "), the responsibilities are as follows: a) The City will, at its cost and expense; (1) perform all Battery Back -up maintenance, including replacement and disposal of all Battery Back -up components and batteries (2) maintain the signal pole mounted luminaires and all their components, including replacement of the luminaire and lamp if necessary; (3) clean and paint the traffic control signals and luminaire mast arm extensions; (4) replace the signal system L.E.D. indications; and (5) clean the controller and service cabinets; and b) The State will, at its cost and expense, maintain the signing and interconnect (from System "B" to System "C ") and perform all other traffic control signal and signal pole luminaire circuit maintenance not performed by the City or County. In addition, all timing of the Traffic Control Signals and EVP Systems will be determined by the State, and no changes may be made except with the approval of the State. 14. By signing this agreement, all parties to this agreement are authorized to enter upon State, City or County public right of way to maintain the existing Traffic Control Signals, existing EVP Systems and new Battery Back -up systems. 15. Upon execution and approval by the County, the City and the State and completion of the construction work 00587 -R -10- provided for herein, this agreement will supersede and terminate Agreement No. 62508, dated March 11, 1985, between the parties. 16. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate the maintenance and operation terms for the EVP at the intersections of Trunk Highway No. 61 at East and West Ramp terminals on 80 Street in Agreement No. 1876 -R, dated February 21, 1985, between the City and the State. 17. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 1878 -R, dated February 20, 1985, between the County and the State. 18. This agreement engages the Parties in a joint governmental enterprise, and the liability of the Parties shall be governed by Minnesota Statute 471.59 subd. la. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. The County's and City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 00587 -R -11- 19. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 20. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 21. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 22. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 23. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 00587 -R -12- 24. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Mn /DOT Metropolitan District Traffic Engineering, or his successor. His current address and phone number are 1500 County Road B2 West, Roseville, MN. 55113, (651)234 -7812. b. The County's Authorized Agent for the purpose of the administration of this Agreement is Donald Theisen, Washington County Public Works Director or his successor. His current address and phone number are 11660 Myeron Road North, Stillwater, MN. 55082, (651) 430 -4304. C. The City's Authorized Agent for the purpose of the administration of this Agreement is Jennifer Levitt, City Engineer or her successor. Her current address and phone number are 8635 West Point Road, Cottage Grove, MN 55106(651)458 -2890 00587 -R -13- WASHINGTON COUNTY Chair, County Board of Commissioners Date: M County Administrator Date: Approved as to form: Assistant County Attorney Date: Recommended for Approval: M- County Engineer Date: 00587 -R -14- CITY OF COTTAGE GROVE APPROVED AS TO FORM: City Attorney DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION By: Mayor Date: By: City Clerk Date: RECOMMENDED FOR APPROVAL: Metropolitan District Engineer L COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: State Design Engineer Date: APPROVED AS TO FORM AND EXECUTION: Contract Management Date: 00587 -R -15-