5.2 ERMUSR 12-09-2003 1/44b-
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Elk River
Municipal Utilities
322 King Avenue phone: 763.441.2020
Elk River, MN 55330 Fat 763.4418099
December 3, 2003
To: Elk River Municipal Utilities Commission
John Dietz
Jerry Takle
James Tralle
From: Bryan Adams
Subject: Signal Light & Highway Light Agreement
This memo continues our previous commission discussion concerning responsibility for
doing signal light and highway light maintenance. As you may recall, this discussion
started in September during the budgeting process about who's responsibility is it to paint
or replace the highway and signal light poles as they require work. John Dietz asked
Terry Maurer to provide copies of the MNDOT signal light and highway light
agreements.
Attached is the following information for your review.
a.) Terry Maurer's correspondence dated November 7, 2003 addressing the
agreements.
b.) Typical traffic control maintenance language (paragraph 8 & 9).
c.) Typical highway lighting maintenance language (article IV Section A & B).
Even though the city is signatory to these agreements, does the city's responsibility
transfer to the utility without consent or authorization of the utility commission?
rim,
. .ii Howard R. Green Company
November 7, 2003
File: 230000M-0325
Council Member John Dietz
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: MNDOT LIGHTING AND SIGNAL AGREEMENTS
Dear Council Member Dietz:
As you requested, I have pulled out and copied the agreement between MnDOT and the City of Elk
River for the.fencing and lighting project along Trunk Highway (TH) 169 and the four latest signal
agreements. These would cover the intersections of TH 10 and Waco Street; TH 10 and Joplin
Street; TH 169 and 197th Avenue; and TH 169 and 193"d Avenue/Jackson Road.
I have highlighted the sections that pertain to maintenance required by the City. In the fencing and
lighting agreement for TH 169, this portion of the agreement is located on pages 10 and 11.
Generally, it states that the City is responsible for maintaining the fence and the right-of-way area
located outside of the fenced area. With regard to the lighting standards, the City is responsible for
electrical energy and all maintenance including, but not limited to, the re-installation of knocked down
poles, wiring repair, and replacement of luminaires.
All four of the signal agreements generally state the same thing relative to the City's responsibility.
They all state that the City will at its own expense maintain the luminaires and all of its components,
including replacing the luminaire when necessary; re-lamping of the traffic signal; advance warning
flasher and street lights; and finally, clean and paint the signal, advance warning flasher, cabinet, and
luminaire mass arm extensions. MnDOT is responsible for all other maintenance and operation costs.
I could find nowhere in the signal agreement where it states who will determine when a signal needs
painting.
I did not look for any other signal agreements, because I believe they would all state approximately
the same thing as the four I have provided. I looked briefly for but could not locate a lighting
agreement for the light standards along TH 10. I would expect that the language in the agreement
relative to the City's responsibilities would be very similar to the TH 169 agreement. If you would like,
I can pursue the TH 10 lighting agreement with MnDOT to see what they have in their files.
Ltr-110703-Dietz.doc
1326 Energy Park Drive-• St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Council Member Dietz
November 7, 2003
Page Two
If you have any questions or would like further investigation into these issues, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Cc: Pat Klaers, City Administrator
Bryan Adams, General Manager
LE-110703-Dietzsloc Howard R.Green Company
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76543
:ost of the State participation covered under this Agreement exceeds
the amount of funds advanced by the State, the State shall promptly
pay the difference to the City without interest . If the final cost
of the State participation covered under this Agreement is less than
the amount of funds advanced by the State, the City shall promptly
return the balance to the State without interest . Procedures
relevant to preparation of the Final SCHEDULE "I " and final payment
of the State participation cost covered under this Agreement are
detailed in the Payment Processing Package, which the State shall
furnish the City.
Pursuant to Minnesota Statutes Section 15 .415 (1996) , the City waives
claim for any amounts less than $2 . 00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
return of any amounts less than $2 . 00 of those funds advanced by the
State .
ARTICLE IV - GENERAL PROVISIONS
Section A. Maintenance by the City
Upon satisfactory completion of the fencing construction to be
performed within the corporate City limits under the construction
contract , the City shall provide for the proper maintenance of the
fencing and all of the facilities a part thereof, without cost or
expense to the State, except for the fencing at the park-and-ride
lot , which shall be maintained by the State .
Upon satisfactory completion of the fencing construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of that
portion of the State' s trunk highway right-of-way which is outside of
the new fencing, without cost or expense to the State . Maintenance
shall include, but not be limited to, grass mowing, weed control,
litter and debris removal and any other maintenance activities
necessary to perpetuate the State' s trunk highway right-of-way in a
safe and aesthetically pleasing condition.
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\\ 76543
Upon satisfactory completion of the lighting facilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of and keep in repair those facilities, without cost or
expense to the State . Maintenance shall include, but not be limited
to, the reinstallation of knocked-down poles, repair of wiring and
replacement of luminaries . The City shall also provide the necessary
electrical energy for their operation, without cost or expense to the
State.
Section B. Examination of Books, Records. Etc.
As provided by Minnesota Statutes Section 16B.06, subdivision 4
(1996) , the books, records, documents, and accounting procedures and
practices of the State and the City relevant to this Agreement are
subject to examination by the State and the City, and either the
legislative auditor or the State auditor as appropriate.
Section C. Claims
All employees of the City and all other persons employed by the City
in the performance of contract construction, construction engineering
and/or maintenance covered under this Agreement shall not be
considered employees of the State . All claims that arise under the
Worker' s Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and all claims made by any third parties
as a consequence of any act or omission on the part of the employees
while so engaged on contract construction, construction engineering
and/or maintenance covered under this Agreement shall in no way be
the obligation or responsibility of the State .
Section D. Nondiscrimination
The provisions of Minnesota Statutes Section 181 .59 (1996) and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
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8 . The City shall provide an adequate electrical
power supply to the service pad or pole, and upon completion of
said traffic control signal with street lights and signal ahead
flashers installation shall provide necessary electrical power
for its operation at the cost and expense of the City.
9 . Upon completion of the work contemplated in
Paragraph 3 hereof, it shall be the City's responsibility, at its
cost and expense, to: (1) maintain the luminaires and all its
components, including replacement of the luminaire if necessary;
(2) relamp the traffic control signal, signal ahead flashers and
street lights; and (3) clean and paint the traffic control
signal, cabinet, luminaire mast arm extensions and signal ahead
flashers . It shall be the State' s responsibility, at its cost
and expense, to perform all other traffic control signal, signal
ahead flasher and street light maintenance.
10 . Any and all persons engaged in the aforesaid 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
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