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6.3. SR 11-06-1995L� ITEM 6.3. October 30, 1995 CONSULTING ENGINEERS File: 230 - 216 -30 1326 Energy Park Drive St. Paul, MN 55108 612.644 -4389 Mr. Pat Klaers 1- 800 -888 -2923 City Administrator Fax: 612 -644 -9446 City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: MNDOT TRAFFIC CONTROL SIGNAL AGREEMENTS Dear Mr. Klaers: As you requested, I have reviewed the two traffic signal agreements as prepared by CIVIL ENGINEERING: MNDOT and sent to the City recently. They are agreement numbers 72759 and 72760 -R. ENVIRONMENTAL MUNICIPAL The first agreement 72759 is for the equipment that MNDOT supplied for the two signals .PLANNING located on School Street at Freeport and at Jackson Road. As you recall, MNDOT agreed SOLID WASTE to provide the controllers and the cabinets for these two signals at a cost of $30,000 to the STRUCTURAL City. Apparently, through some quirk in their bookkeeping, they have not billed the City SURVEYING for this equipment until now. This agreement contains standard language about the roles TRAFFIC and responsibilities of the City versus MNDOT. TRANSPORTATION The second agreement number 72760 -R is for maintenance by State forces of the traffic ELECTRICAL/MECHANICAL signals located on School Street at Freeport Avenue and Jackson Road. In this case, ENGINEERING: MNDOT is concerned about the maintenance of the signal at Freeport and the potential HVAC affect it will have on the TH 169 and School Street system. In fact, the two signals are POWER DISTRIBUTION actually looped together electronically. If the Freeport signal malfunctions, it can have a SCADA detrimental effect on the TH 169 signal and the ability of the highway to carry traffic. In SYSTEM CONTROLS an effort to get the City to adopt this agreement, they have also written in the signal at School and Jackson. This agreement states that MNDOT will maintain the signals with their forces, bill the City for the actual cost of maintenance plus materials, and expects the City to pay promptly when invoiced. Maintenance can either be routine activities by MNDOT personnel, or an on -call basis, if there is a problem with the signal. Phil Hals has discussed with MNDOT his ability to do routine maintenance and adjustment on the signals. MNDOT has agreed that Phil can do minor items that he feels comfortable with. The maintenance agreement is written such that the City has the right to cancel it, if they OFFICES IN: deem it appropriate. Given this, I see no problem with the City entering into both of these •MINNEAPOLIS agreements. Each agreement has an attached resolution that needs to be considered by the PRIOR LAKE City Council and then the agreement executed by the Mayor and City Administrator. ST. PAUL WASECA 230/216- 2709.oct An Equal Opportunity Employer • Mr. Pat Klaers October 30, 1995 Page Two L� • If you have any questions or would like further information, please call. Sincerely, MSA, CONSULTING ENGINEERS ti ✓� Terry J. Maurer, P.E. TJM:pd 230/216- 2709.oct • RESOLUTION BE IT RESOLVED that the City of Elk River enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide maintenance and electrical energy and provide the controllers and cabinets for the new traffic control signals on School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest in accordance with the terms and conditions set forth and contained in Agreement No. 72759, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual • obligations' contained therein CERTIFICATION State of Minnesota County of Sherburne City of Elk River I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Elk River at a duly authorized meeting thereof held on the day of f 1995, as shown by the minutes of said meeting in my possession. City Clerk (Seal) 0 • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 72759 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELK RIVER TO • Provide Maintenance and Electrical Energy and Provide the Controllers and Cabinets for the new Traffic Control Signals on School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest in Elk River, Sherburne County, Minnesota. S.A.P. 204 - 010 -02 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED • City of Elk River $30,000.00 None Otherwise Covered • THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State ", and the City of Elk River, hereinafter referred to as the "City ", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1994) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system; and WHEREAS, it was considered mutually desirable for the State to provide two (2) controllers and cabinets for the new traffic control signals on School Street Northwest at Freeport • Avenue and at Jackson Avenue Northwest Such materials as described immediately above shall hereinafter be referred to as "State furnished materials "; and WHEREAS, the City and State will participate in the cost, maintenance and operation of the new traffic control signals as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State has provided the controllers and cabinets for the new traffic control signals on School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest. Estimated cost for State furnished materials is $30,000.00. City's share is 100 percent. • 72759 -1- • 2. Upon execution of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to its share of the costs. The City's costs shall be based on the estimated cost for the State furnished materials. 3. Upon compilation of the actual cost for the State furnished materials the amount of the funds advanced by the City in excess of the City's share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 4. Upon completion of the work contemplated at the intersections of School Street Northwest at Freeport Avenue and • at Jackson Avenue Northwest,..it shall be the City's responsibility, at its cost and expense, to: (1) maintain the 0 luminaries and all its components, including replacement of the luminaire if necessary; (2) relamp the new traffic control signals and street lights; (3) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions; and (4) provide the necessary electrical power for the operation of the new traffic control signals with street lights installations. It shall be the State's responsibility, to maintain the traffic signal cabinets and control equipment, repair knockdowns of the traffic control signal systems, perform all other traffic control signal and street light maintenance, and be responsible for the 72759 -2- timing and operation of the new traffic control signals, all on a reimbursable basis with the City. 5. The State and the City shall enter into Traffic Control Signal Maintenance Agreement No. 72760 -R, for the intersections of School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest, covering maintenance of the traffic signal cabinets and control equipment, repair of knockdowns of the traffic control signal systems, performance of all other traffic control signal and street light maintenance not performed by the City, and the responsibility for the timing and operation of the traffic control signals by State Forces and the terms and conditions covering payment therefore by the City. • 6.. Any and' all .persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that may or might arise under the Worker'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 State. The City shall not be responsible under the Worker's Compensation Act for any employees of the State. • 72759 -3- • APPROVED AS TO FORM: City Attorney CITY OF ELK RIVER By Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION • By District Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General - State of Minnesota 72759 -4- DEPARTMENT OF ADMINISTRATION By Dated DEPARTMENT OF FINANCE By Dated • RESOLUTION BE IT RESOLVED that the City of Elk River enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance of the traffic control signals by State Forces on a reimbursable basis at the intersections of School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest in accordance with the terms and conditions set forth and contained in Agreement No. 72760 -R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual • obligations contained therein. CERTIFICATION State of Minnesota County of Sherburne City of Elk River I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Elk River at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of said meeting in my possession. (Seal) • City Clerk • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO. 72760 -R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELK RIVER FOR • Maintenance of the Traffic Control Signals by State Forces on a reimbursable basis at the intersections of School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest in Elk River, Sherburne County, Minnesota. S.A.P. 204 - 010 -02 Prepared by Traffic Engineering • ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered • THIS AGREEMENT made and entered into by and between the State of Minnesota, acting through its Commissioner of Transportation, hereinafter referred to as the "State ", and the City of Elk River, hereinafter referred to as the "City ", WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 161.39, the Commissioner of Transportation may upon request provide technical and engineering advice, assistance and supervision to any county or municipality; and WHEREAS, the City and the State did enter into Agreement No. 72759, dated to participate in, among other things, the maintenance and operation is of traffic control signals on School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest within the limits of the • City; and WHEREAS, said Agreement provides that the State shall maintain the traffic signal cabinets and control equipment, repair knockdowns of the traffic control signals, perform all other traffic control signal and street light maintenance not performed by the City, and be responsible for the timing and operation of said traffic control signals, all at the cost and expense of the City; and WHEREAS, it is considered mutually desirable that the State shall maintain the traffic signal cabinets and control equipment, repair knockdowns of the traffic control signal 72760 -R -1- • systems and perform all other traffic control signal and street light maintenance not performed by the City, for the City according to the terms and conditions hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall provide labor, material and equipment to maintain and keep in repair the traffic control. signal cabinets and control equipment, knockdowns of the traffic control signal systems and all other traffic control signal and street light maintenance not performed by the City, and shall be responsible for the timing and operation of the traffic control signals on School Street Northwest at Freeport Avenue and at Jackson Avenue Northwest. • 2. Upon completion of work performed, the State shall submit to the City a detailed invoice in duplicate listing all labor, equipment and materials used where work on the traffic control signals was performed by State forces in accordance with the terms and conditions of this agreement. • The City agrees to reimburse the State for services provided hereunder as follows: a) Direct labor charges shall be reimbursed at the actual hourly rates paid to State forces performing the work. b) Fringe benefits shall be reimbursed as a percentage of direct labor charges, such percentage to be determined by the State 72760 -R -2- • Accounting and Finance Section at the beginning of each State fiscal year from the current cost accounting data. c) Overhead costs shall be reimbursed as a percentage of the total of direct labor charges, fringe benefits and the cost of any materials, equipment and personal expense 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 shall be reimbursed at • their actual cost to the State. • 3. Upon receipt of said invoice, the City shall promptly pay the State the full amount due. In the event the. City fails to fulfill any monetary obligation created by this Agreement, the Commissioner of Transportation may withhold payment of State Aid money to the City to the extent provided by Minnesota Statutes, Section 161.38, Subdivision 6. 4. Either party may terminate the terms and conditions covering maintenance and operation for the traffic control signals covered by this agreement upon providing 30 days notice to other party. The City's termination must be accomplished by a resolution of the City Council. The State's termination must be accomplished by a letter from Mn /DOT's 72760 -R -3- 0 . ' Assistant Commissioner. Upon termination it shall be the City's responsibility, at its costs and expense, to maintain and keep in repair the traffic control signals. Upon termination, the timing of the traffic control signals shall be determined by the City's Traffic Engineer. S. Any and all persons engaged in the aforesaid maintenance work to be performed by the State shall not be considered employees of the City and any and all claims that may or might arise under the Worker'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. • 6. This Agreement shall continue in force for a term of one year, commencing on the date it is signed by the Assistant Commissioner of Transportation. Upon the expiration of such term, this Agreement shall continue in force from year to year provided that in no event shall this Agreement be extended beyond the period for which either party may legally bind itself. 72760 -R -4- • APPROVED AS TO FORM: City Attorney CITY OF ELK RIVER By Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION is District Engineer Operations Division APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General - State of Minnesota • 72760 -R -5- By Assistant Commissioner Dated DEPARTMENT OF ADMINISTRATION By Dated DEPARTMENT OF FINANCE By Dated