6.1. SR 11-27-2000
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ITEM 6.1.
Howard R. Green Company
CONSULTING ENGINEERS
November 6, 2000
File: 808200-0071
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: TRAFFIC CONTROL SIGNAL AGREEMENTS NO. 80971-M & 80972-R
Dear Mr. Klaers:
Attached are four copies each of the above-referenced Traffic Control Signal Agreements
between the State of Minnesota Department of Transportation and the City of Elk River. These
two agreements are for the new signal being installed at the intersection of Main Street and
Zane Avenue (CSAH 12/13). Agreement No. 80971M essentially states that Mn/DOT will
maintain the traffic signal cabinet and control equipment, repair knockdowns of the traffic control
signal system, perform all other traffic control signal and street light maintenance, and be
responsible for the timing and operation of the traffic control signal on a reimbursable basis from
the City. It also states that MnlDOT will maintain the emergency vehicle pre-emption (EVP)
system, again on a reimbursable basis. This agreement is similar to the agreement that the City
has with MnlDOT for maintenance of the signals at Jackson Avenue and Freeport Avenue on
School Street. By entering into this agreement with Mn/DOT, the City is saved the need to have
trained staff to maintain the three signal systems on City streets.
Traffic Control Signal Agreement No. 80972-R just covers how billings will take place for any
work performed by Mn/DOT, and speaks to methods of payment by the City.
We would recommend that the City Council approve both of these agreements and authorize
the Mayor and City Administrator to execute them on behalf of the City. If you have any
questions regarding either of these agreements, please call.
Sincerely,
Howard R. Green Company
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Terry J. rer, P.E.
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Attachments
O:\PROJ\808200\0071\Ltr 11-6-00 Klaers.Agrmts.doc
1326 Energy Park Drive. 81. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 80971M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ELK RIVER
TO
Provide Maintenance and Electrical Energy for the new Traffic
Control Signal with Street Lights, Emergency Vehicle Pre-emption
and Interconnect on Main Street - County State Aid Highway No. 12
(181st Avenue Northwest) at County State Aid Highway No. 13 (Twin
Lakes Road) in Elk River, Sherburne County, Minnesota.
C.S. 7106
S.A.P. 204-113-09
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
AMOUNT ENCUMBERED
None
None
Otherwise Covered
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PARTIES
THIS AGREEMENT is entered into by the Minnesota
Department of Transportation, (State) and the City of Elk River,
(City).
RECITALS
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 desire to install a new traffic control
. signal including street lights and interconnect, (Traffic Control
Signal) at the location(s) set out in this Agreement.
The City requests and the State agrees to the
installation of an Emergency Vehicle Pre-emption System, (EVP
System), as a part of the new Traffic Control Signal
installation.
It is in the public's best interest for the State to
provide a new cabinet and controller, (State-furnished Materials)
for said new Traffic Control Signal.
The City and State will participate in the maintenance
and operation of the new Traffic Control Signal.
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CONTRACT
1. The City will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering). The City
will also perform all necessary construction inspection,
(Engineering and Inspection) .
2. The City with its own resources or by contract
will install the new Traffic Control Signal on Main Street -
County State Aid Highway No. 12 (181st Avenue Northwest) at
County State Aid Highway No. 13 (Twin Lakes Road) pursuant to the
plan and specifications for State Aid Project No. 204-113-09, all
. at the cost and expense of the City.
3. The State will furnish the State-furnished
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Materials to be installed with the City work provided in
Paragraph 2, all at the cost and expense of the State.
4. The construction work will be under the direction
and supervision of the City. The State will.havethe right to
periodically inspect the construction work.
5. The City will be responsible for the cost and
application to secure an adequate power supply to the service pad
or pole. Upon completion of this project, the City will
thereafter pay all monthly electrical service expenses necessary
to operate the Traffic Control Signal.
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6. Upon completion of this project, the City will, at
its cost and expense:
(1) maintain the luminaires and all its
components, including replacing the luminaire when necessary;
(2) relamp the new traffic control signal and street lights;
(3) clean and paint the new traffic control signal, cabinet and
luminaire mast arm extensions. The State will, at its cost and
expense, maintain the traffic signal cabinet and control
equipment, repair knockdowns of the Traffic Control Signal
system, perform all other traffic control signal and street light
maintenance, and be responsible for the timing and operation of
the new Traffic Control Signal, all on a reimbursable basis with
. the City.
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7. The EVP System will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements:
a) All maintenance of the EVP System (including
timing) will be done by State forces on a
reimbursable basis with the City.
b) 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
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an emergency. The City will provide the
State's District Engineer or his/her
designated representative a list of all
vehicles with emitter units.
c) Malfunction of the EVP System must be
reported to the State immediately.
d) In the event the EVP System 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
receives written notice from the State, the
State may remove the EVP System. Upon
removal of the EVP System pursuant to this
Paragraph, all of its parts and components
become the property of the City.
8. The State and the City will enter into Traffic
Control Signal Maintenance Agreement No. 80972-R for the
intersection of Main Street - County State Aid Highway No. 12
(181st Avenue Northwest) at County State Aid Highway No. 13 (Twin
Lakes Road) covering maintenance of the traffic signal cabinet
and control equipment, maintenance of the EVP System, repair of
knockdowns of the Traffic Control Signal system, performance of
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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 Signal and EVP System by State
Forces and the terms and conditions covering paYment by the City.
9. Each party will be solely responsible for its own
acts and omissions, and the results thereof, to the extent
authorized bylaw. The State's liability is governed by the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736.
Each party will be solely responsible for its own employees for
any Workers Compensation Claims.
10. 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.
11. If the State fails to enforce any provisions of
this Agreement, that failure does not waive the provision or its
right to enforce it.
12. 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.
13. Minnesota law governs this Agreement. Venue for
all legal proceedings arising out of this contract, or its
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breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
14. 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.
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APPROVED AS TO FORM:
CITY OF ELK RIVER
City Attorney
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
District Engineer
Operations Division
COMMISSIONER OF ADMINISTRATION
As delegated to Materials
Management Division
By:
Date:
By:
Mayor
Date:
(City Seal)
Date:
DEPARTMENT OF TRANSPORTATION
By:
Assistant Commissioner
Date:
ATTORNEY GENERAL
As to form and execution
By:
Date:
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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 for the
new traffic control signal with street lights,
emergency vehicle pre-emption and interconnect on Main
Street - County State Aid Highway No. 12 (181st Avenue
Northwest) at County State Aid Highway No. 13 (Twin
Lakes Road) in accordance with the terms and conditions
set forth and contained in Agreement No. 80971M, 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 any
amendments, and thereby assume for and on behalf of the City all
of the CQntractual obligations contained therein.
CERTIFICATION
State of Minnesota
County of Sherburne
City of Elk River
I hereby certify
true and correct copy of a
the Council of the City of
thereof held on the
shown by the minutes of
that the foregoing Resolution is a
resolution presented to and adopted by
Elk River at a duly authorized meeting
day of , 2000, as
said meeting in my possession.
City Clerk
(Seal)